REVISED
HARTNELL COMMUNITY COLLEGE DISTRICT
REGULAR MEETING OF THE BOARD OF TRUSTEES
AGENDA
August 11, 2009
TIME/PLACE:
411 Central Avenue
Salinas, California
Board Room, CAB112
5:00 p.m. – Open Session
5:15 p.m. – Closed Session
6:15 p.m. – Reconvene Open Session
Board of Trustees
Patricia Donohue, President
Kevin Healy, Vice President
Bill Freeman, Elia Gonzalez-Castro
John Martinez, Ray Montemayor, Brad Rice
Armando Cortes, Student Trustee
Dr. Phoebe Helm, Superintendent/President, Secretary to the Board
The Board of Trustees welcomes you to its meetings, scheduled on the first Tuesday of each month, unless
otherwise noted.
The agenda is as follows:
A. CONSENT AGENDA: These matters include routine administrative and financial actions and are
usually approved by a single majority vote.
B. REGULAR AGENDA: Action Items: These items include significant administrative and financial
actions classified by departmental areas and 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.
C. CLOSED SESSION: In accordance with Government Code Sections, 3549.1, 54956.9, 54957 and/or
54957.6, the Board of Trustees may meet in Closed Session to consider legal, personnel, labor, and/or
contract matters.
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. The Board President may limit the time of presentation to three minutes per speaker, and a
maximum of fifteen minutes. Following public comment, the Board President will limit discussion to the
Board only.
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.
HCCD –REGULAR MEETING – AUGUST 11, 2009
Page 1 of 4
I.
OPEN SESSION, CALL TO ORDER – 5:00 P.M.
A. ROLL CALL
B. ADOPT AGENDA
Action
C. DISCLOSURE OF ITEMS DISCUSSED IN CLOSED SESSION, AS FOLLOWS:
Items 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.
1. Disposition of Lawsuit: Lawrence/Culver
2. Side Letters with:
a. Faculty Association
• Health Insurance Option I to Option III
b. Non-bargained groups (Confidentials, Supervisors, and Administration)
• Health Insurance Option I to Option III
• 5% Salary Reduction/Furlough
c. Superintendent/President
• 10% Salary Reduction
D. PUBLIC COMMENT PERIOD REGARDING CLOSED SESSION ITEMS
Fifteen minutes set aside for public comment regarding closed session items.
Maximum three minutes each.
II.
MOVE TO CLOSED SESSION
The Board of Trustees of Hartnell Community College District will meet in Closed Session 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.
III.
RECONVENE TO OPEN SESSION
Pledge of Allegiance
A. REPORT OUT FROM CLOSED SESSION
B. PUBLIC COMMENTS REGARDING OPEN SESSION ITEMS
Fifteen minutes set aside for public comments regarding open session items.
Maximum three minutes each.
IV.
PRESENTATIONS AND BOARD DEVELOPMENT
A. STUDENT PRESENTATION – ANIMAL HEALTH TECHNOLOGY PROGRAM
Karen Ivey
B. PROGRESS REPORT ON RECOMMENDED REDUCTIONS
Dr. Ann Wright and members of the RFC Committee
C. BOND OVERSIGHT COMMITTEE UPDATE
Damon Felice, Felice Consulting Services
V.
CONSENT ACTION ITEMS
A. MINUTES
Approve Minutes of Meeting of July 7, 2009.
HCCD –REGULAR MEETING – AUGUST 11, 2009
Page 2 of 4
B. DISBURSEMENTS
Ratify the disbursements from any or all of the following funds: general; debt service; bookstore;
child development; capital outlay projects; scheduled maintenance; property acquisition; bond
projects; cafeteria; self-insurance; retirees health benefits; associated student body; scholarship,
loan, and trust; and intercollegiate athletics.
C. APPROVE TRANSFER OF NON-CASH DONATIONS
Approve transfer of non-cash donations from the Hartnell College Foundation.
D. APPROVE MEMORANDUM OF UNDERSTANDING – FIRST 5 MONTEREY COUNTY
– SPECIAL NEEDS PROJECT
Approve the memorandum of understanding between First 5 Monterey County (Special Needs
Project) and Hartnell College for academic year 2009-10 to provide services to the families of
enrolled children at Hartnell College Child Development Center – Alisal Campus, starting August
17, 2009.
E. APPROVE MEMORANDUM OF UNDERSTANDING – CALIFORNIA MINI CORP
PROGRAM
Approve the memorandum of understanding between California Mini Corp Program and Hartnell
College to provide eligible students from Hartnell College an opportunity to work with migrant
children in a classroom setting, effective August 20, 2009 to August 31, 2010.
F. APPROVE MEMORANDUM OF UNDERSTANDING AND LICENSURE AGREEMENT
Approve memorandum of understanding and licensure agreement with King City Town Square,
LLC for property located at the King City Education Center, effective August 12, 2009.
G. APPROVE CONTRACT WITH GRANT WRITER, M. J. JOHNSON
Approve contract with M. J. Johnson, grant writer, for the development of grants, effective
August 12, 2009 through June 30, 2010, not to exceed $30,000.
H. TERMINATION OF FACILITIES LEASE AGREEMENT – COUNTY OF MONTEREY,
NATIVIDAD MEDICAL CENTER
Ratify the recommendation of the President and the Resource Allocation Committee to give
Natividad Medical Center the required 90-day notice of intent to cancel its lease of facilities
housing the nursing program. The effective date would be November 4, 2009. This move will
result in a savings to the general fund of $250,000 annually.
I. APPROVE CONTRACT FOR RETENTION SPECIALIST – NURSING PROGRAM
Approve the contract for Retention Specialist, Marianne Hultgren to provide a retention program
for students enrolled in the nursing program. The cost for these services is not to exceed
$103,000 and funded through the Remediation Grant, California Community College Chancellors
Office.
J. PERSONNEL ACTIONS
Approve and/or ratify personnel actions. (Included in packet)
K. AMEND 2009-2010 ACADEMIC CALENDAR
Amend the previously approved 2009-2010 Academic Calendar to observe Lincoln’s Holiday
on February 12, 2010 (instead of February 5th) as mandated by the State.
VI.
Roll-call
ACTION ITEMS
A. APPROVE BUDGET REVISIONS
Approve budget revisions numbered 8409 to 8448.
HCCD –REGULAR MEETING – AUGUST 11, 2009
Page 3 of 4
Roll-call
B. REVIEW AND ACCEPT REQUIRED STATE REPORT: QUARTERLY FINANCIAL
STATUS REPORT (CCFS-311Q) FOR THE QUARTER ENDED ON JUNE 30, 2009
Review and accept required State Report: Quarterly Financial Status Report (CCFS-311Q) for
quarter ended June 30, 2009.
Roll-call
C. ADOPT RESOLUTION NO. 09:18, CERTIFYING THE AUTHORIZATION OF
DESIGNATED PERSONNEL
Adopt Resolution No. 09:18, Certifying the Authorization of Designated Personnel to sign
contract documents for the Hartnell College State Preschool Child Development Center as
required by the Department of Education.
Action
D. RECONSIDERATION OF THE DECISION TO DISCONTINUE THE ANIMAL
HEALTH TECHNOLOGY PROGRAM
Reconsider the decision to discontinue the Animal Health Technology Program.
Action
E. ADOPT INITIAL COLLECTIVE BARGAINING PROPOSALS BETWEEN HARTNELL
COMMUNITY COLLEGE DISTRICT AND INTERNATIONAL UNION OF
OPERATING ENGINEERS STATIONARY LOCAL NO. 39 (L-39)
Adopt initial collective bargaining proposals between Hartnell Community College District and
International Union of Operating Engineers Stationary Local 39 (L-39).
Action
F. ADOPT INITIAL COLLECTIVE BARGAINING PROPOSALS BETWEEN HARTNELL
COMMUNITY COLLEGE DISTRICT AND CALIFORNIA SCHOOL EMPLOYEES
ASSOCIATION, CHAPTER 470
Adopt initial collective bargaining proposals between Hartnell Community College District and
California School Employees Association, Chapter 470.
VII.
INFORMATION ITEMS
A. REPORTS FROM SENATES
Reports from Student, Classified, and Academic Senates
B. PRESIDENT’S REPORT
Report from the Superintendent/President
.
C. BOARD OF TRUSTEES
1. Administrative Reductions 2007 through 2010
2. Monterey County School Board Association Training Interests Survey – Trustee Donohue
3. Report from Trustee Montemayor regarding the Academic Learning Center
4. Trustee reports on matters of interest to the college
VIII. FUTURE AGENDA ITEMS
(Items placed on future agendas will be determined in consultation and preparation under the
auspices with Superintendent/President and Board President.)
IX.
Action
ADJOURNMENT
Adjourn the meeting.
NEXT REGULARLY SCHEDULED MEETING
September 1, 2009, 5:00 p.m., Hartnell College Board Room (CAB112)
HCCD –REGULAR MEETING – AUGUST 11, 2009
Page 4 of 4
PRESENTATIONS/BOARD DEVELOPMENT
CONSTRUCTION UPDATE
AS OF 08/03/2009
CURRENT DESIGN, PLANNING AND CONSTRUCTION PROJECTS
PLANNING PROJECTS

Alisal Campus Master Plan
⇒ The District has begun the planning process for the 142 acres of the Alisal Campus
⇒ The process will include two master plans, (1) for the +/- 42 acre campus and (1) for the
remaining +/- 100 acres
⇒ Once a master plan is complete the EIR process will begin with the City of Salinas
⇒ The land swap with the City of Salinas is currently underway. It is anticipated that this will take
between 18 and 24 month
⇒ The FDA has approached the College about having a permeant facility on the Alisal Campus for
their emergency response trailers. The District is currently working with to see if we can work
something out with them.

Main Campus Facilities Master Planning Process
⇒ The 5-year Capital Outlay Plan was completed and submitted to the CCCCO on June 29, 2009.
⇒ The 2009-10 IPP for a new Health Science & Nursing Building was completed and submitted to
the CCCCO on June 29, 2009.

Science Building FPP
⇒ Lionakis, out of Sacramento, is the Architect of Record for this project, which includes the
preparation of the FPP.
⇒ The kick-off meeting for the FPP took place on 02/19-20
⇒ The stakeholders took a trip to Cal Poly on 03/09 to look at their facilities
⇒ At our second meeting a few general layout were established and we are working from those
layouts
⇒ The group took it second field trip to look at both San Mateo and San Jose City College’s new
science building
⇒ The last programming meeting was May 8 and all the user groups concerns were addressed
⇒ Lionakis completed the FPP and the Board Approved the document on June 8, 2009 and the FPP
was submitted to the CCCCO on June 29, 2009.
⇒
⇒
DESIGN PROJECTS

Student Center Renovation/Remodel Project
⇒ BFGC is the Architect of Record for this project
⇒ The plans were submitted to DSA on 10/23/08
⇒ The first bid was cancelled because of some conflicts which were found in the plans. The project
will be back out to bid on 08/04/09 with the project to be opened on 08/25/09
⇒ Construction is scheduled to begin in September of 2009 and be completed in 2010
CONSTRUCTION PROJECTS

PE Renovation Project
⇒ Sugimura Finney (SFA) is the Architect of Record for this project
Hartnell College ● Facilities Development Office ● 411 Central Ave., Salinas, CA 93901
Phone (831)770-7041 ● Fax (831)770-7040
1
⇒
⇒
⇒
⇒
⇒
⇒
The plans were submitted to DSA on February 26, 2009
The project was out to bid on May 19th and the bid opening was on June 23, 2009.
There was a total of 5 bidders on the project with Perma-Green Hydroseeding (PGH) being the
responsive low bidder at $4,114,400.
Work started on July 8 and phase I, the new soccer field is scheduled to be completed on August
5, 2009.
The remainder of the work is scheduled to be completed by February 1, 2010.
PGH was on schedule to complete the soccer field work by 08/05/09 but the City of Salinas
contacted the District last week and stated that they would be replacing the sanitary sewer line
which runs through the athletic fields. Because of this the soccer field completion has been
delayed.

Northeast Landscaping Project
⇒ Bellinger Foster Steinmetz (BFS), out of Monterey, is the Architect of Record for this project
⇒ Monterey Peninsula Engineering is the contractor for the project ($1,223,000)
⇒ They were given notice to proceed on April 20, 2009
⇒ The demo and site balance work has been completed.
⇒ They are currently working on the underground utilities and structures
⇒ The project is anticipated to be completed by September 2009

CALL Building
⇒ We are currently working through the group II items, which includes furniture and equipment,
and once the landscape project is complete we will be able to occupy the building.

Alisal Campus Center for Applied Technology
⇒ Kasavan Architects is the AOR for the project
⇒ Dilbeck construction is the GC for this project ($19,340,000)
⇒ Construction began on July 14, 2008
⇒ The project will be completed in 2010
⇒ All structural steel has been erected
⇒ Interior metal studs are currently going up
⇒ Exterior wall board is currently going up and once the AHU are installed the buildings can be
closed in and interior drywall work can begin
⇒ Check out the webcam on the Measure H website
Hartnell College ● Facilities Development Office ● 411 Central Ave., Salinas, CA 93901
Phone (831)770-7041 ● Fax (831)770-7040
2
CONSENT ACTION
AGENDA ITEM FOR BOARD MEETING OF:
August 11, 2009
Number:
Title:
Approve Minutes of Regular Meeting of
July 7, 2009
V. A.
Area:
Status:
Superintendent/President
Prepared by: Dr. Phoebe Helm
Consent Action
Recommendation:
That the Board of Trustees review, revise as appropriate, and adopt minutes of regular meeting
of July 7, 2009.
Summary:
Minutes of the Board of Trustees for are submitted for review and approval as follows:
Regular Meeting of July 7, 2009
Budget Implications:
None
Unadopted
HARTNELL COMMUNITY COLLEGE DISTRICT
MINUTES
Regular Meeting of the Board of Trustees
Hartnell College Board Room – CAB112
411 Central Avenue
Salinas, California
July 7, 2009
OPEN SESSION
Trustee Donohue called the meeting of Board of Trustees of Hartnell
Community College District to order at 5:03 p.m. at the Hartnell College
Board Room, CAB112.
ROLL CALL
Patricia Donohue, President
Kevin Healy, Vice President
Bill Freeman
Elia Gonzalez-Castro (Arrived at approximately 5:20 p.m.)
Juan Martinez
Ray Montemayor
Brad Rice
Armando Cortes, Student Trustee (advisory vote per Board Policy 1030)
Phoebe K. Helm, Superintendent-President/Board Secretary
ADOPTED AMENDED
AGENDA
Since the publication of the agenda, the agenda was amended to include:
Closed Session Item
Contract Negotiations, Update on all and possible vote on C.S.E.A.
Public Hearings
Contract Re-openers from the District and C.S.E.A. on wages and benefits
Contract Re-openers from the District and Local 39 on wages and benefits
Action Item
Receive proposals between the District and C.S.E.A.
Receive proposals between the District and Local 39.
On a motion by Trustee Healy seconded by Trustee Rice vote of 6-0, and
advisory vote of Aye (Cortes), the Board approved the agenda as amended.
DISCLOSURE OF CLOSED
SESSION ITEMS
Trustee Donohue disclosed items for Closed Session as authorized per
Government Code Sections, 3549.1, 54956.9, 54957 and/or 54957.6:
1. Update on litigation Lawrence/Culver v. Hartnell College
2. Contract Negotiations, Update on all and possible vote on C.S.E.A.
PUBLIC COMMENTS
REGARDING CLOSED
SESSION
HCCD –REGULAR MEETING – JULY 7, 2009
While not on the closed session agenda, Trustee Freeman made a public
comment, asking Trustee Donohue for her resignation as Board President
and that if she did not, he would file charges against her with the District
Attorney. He stated that his request is based on the actions of Trustee
Page 1 of 8
Donohue at the regular meeting of June 2, 2009 where he believes she acted
aggressively and unprofessionally.
MOVED TO CLOSED
SESSION
The Board of Trustees of Hartnell Community College District, and
Superintendent/President, Dr. Phoebe K. Helm, and Terri Pyer, Interim
Director, Human Resources adjourned to closed session at 5:05 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.
RECONVENED OPEN
SESSION
Trustee Donohue reconvened the meeting at 6:05 p.m.
PLEDGE OF ALLEGIANCE
Trustee Gonzalez-Castro led the Pledge of Allegiance.
REPORT OUT FROM
CLOSED SESSION
Trustee Donohue reported out on closed session.
On a motion by Trustee Rice, seconded by Trustee Martinez vote of 7-0, the
Board approved the 2009-2012 contract with California Schools Employee
Association, Chapter 470.
PUBLIC COMMENTS
Criselia Serrano, student, expressed concern over the cutting of Spanish
courses for native speakers and urged the Board to find other ways to cut the
budget.
Ester Zizumbo, student, stated that the evening Spanish 1S, 2S, and 3S
courses are very important for students.
Ali Chavez, student, expressed concern over the cutting of the evening
Spanish courses, that she is grateful and supports the Board and Dr. Helm,
that she needs to finish her studies to meet her goal and move on.
Olivia Ramirez, student, expressed concern over the cancellations of her
classes, asked how this decision was made, what has the administration given
up, and who is going to answer her questions.
Karen Ivey, student, proposed the Board reconsider discontinuing the Animal
Health Technology in light of new information she received after meeting
with Dr. Pando related to revenue generated by the program.
SWEARING IN OF 2009
STUDENT TRUSTEE
PRESENTATIONS
Bond Oversight Committee
HCCD –REGULAR MEETING – JULY 7, 2009
Armando Cortes, 2009 Student Trustee, was sworn in for a second term by
Trustee Donohue.
Damon Felice, Felice Consulting Services gave an update on the college’s
current construction projects. The full report and floor plan as developed
with
the
science
faculty
and
staff
can
be
found
at:
http://www.hartnell.edu/board/packets/july09_packet.pdf.
Page 2 of 8
Resource Allocation Committee
Progress Report on Budget
Reductions
Dr. Kelly Locke (Academic Senate), Dr. Ann Wright (Faculty Association),
Margie Wiebusch (Classified Employees), and Dr. Greg Peterson
(Administration) presented the recommended budget reductions. Dr. Locke
reported the process has been a shared governance process including
members of the Resource Allocation Committee, Financial Subcommittee,
and Cabinet, referred to as RFC. From there, ten (10) subcommittees were
formed and each committed to finding solutions together to avoid a
declaration of financial emergency. The areas addressed were fall 09 course
offerings, Academic Learning Center and Student Services redesigns,
Student Services categorical programs, freezing of positions, health benefits,
contracts/operating expenses, and Board of Trustees compensations. Items
still in discussion include a position reorganization model, C.S.E.A.
recommendations, housing efficiencies, an analysis of grant functional
overlaps, possible transfer of certain restricted fund reserves, and possible
salary and working conditions concessions. Also, RFC identified additional
costs for 2009-10 in the amount of $400,000. These costs include the
November election, implementation of the golden handshake, vacation leave
payouts for retirees, and loss of interest income from the Monterey County
Office of Education. The overall recommended total of reductions is $2.6
million, leaving a gap of $692,000. After the presentation, a discussion
ensued. Concerns were expressed by some trustees regarding the proposed
cuts and requested information about cuts to administration. Trustee Rice
mentioned that three Trustees did not support suspending board benefits at
the last meeting, to which they responded that it was their belief that
choosing to suspend benefits should be an individual choice and not that of
the Board as a whole. Dr. Helm explained that benefits were assigned by
groups and required majority votes, not individual choice. The presenters and
Dr. Helm responded to questions as they arose. Also, Dr. Helm stated, for
the record, she would double the cut to her salary, if and when employees
voted to take a salary reduction. The RFC was congratulated and thanked for
their work. (Appendix A)
CONSENT ACTION ITEMS
Trustees Freeman, Martinez, Montemayor, pulled the following items for
further discussion and/or separate vote:
Item B Separate vote (Freeman)
Item C Separate vote (Montemayor)
Item H Discussion (Martinez)
Item O Separate vote (Montemayor)
On a motion by Trustee Rice, seconded by Trustee Gonzalez-Castro, vote of
7-0, and advisory vote of Aye (Cortes), the Board approved Consent Action
Items A, D, E, F, G, H, I, J, K, L, M, and N.
A. MINUTES
Approved the Minutes of Regular Meeting of June 2, 2009, Board Workshop
of June 6, and Special Meeting of June 8, 2009 as submitted.
B. DISBURSEMENTS
On a motion by Trustee Rice, seconded by Trustee Healy, vote of 4-1-2,
(Freeman No; Martinez, Montemayor – Abstain), and advisory vote of Aye
(Cortes), the Board approved disbursements from any or all of the following
HCCD –REGULAR MEETING – JULY 7, 2009
Page 3 of 8
funds: general; debt service; bookstore; child development; capital outlay
projects; scheduled maintenance; property acquisition; bond projects;
cafeteria; self-insurance; retirees health benefits; associated student body;
scholarship, loan, and trust; and intercollegiate athletics.
C. CURRICULUM
COMMITTEE ACTIONS
Trustee Montemayor stated he reviewed the Curriculum Committee minutes
on the college website, which are marked unofficial and that he has a concern
approving actions not approved by the Curriculum Committee. Dr. Kelly
Locke explained that the Curriculum Committee approved the revisions, but
that the minutes would not be approved until fall because the committee
would not meet until then. There was discussion on how the minutes do not
include the specific revisions and Dr. Helm stated she would share with the
Curriculum Committee the Board’s wishes to reformat the minutes. In
addition, Dr. Locke stated that the Academic Senate would be happy to
provide a workshop to the Board on the curriculum process at any time.
On a motion by Gonzalez-Castro, seconded by Trustee Martinez, vote of 5-11, (No-Freeman; Abstain-Montemayor), and advisory vote of Aye (Cortes),
the Board ratified actions of the Curriculum Committee.
D. PE RENOVATION
PROJECT - CONTRACT
Ratified the contract with Perma-Green Hydroseeding, the lowest responsive
bidder, for the PE Renovation Project. The budget for the project is
$4,111,400 and paid from Measure H funds.
E. CDC AGENCY SELFEVALUATION 2008-09
Ratified Child Development Center Agency Self-Evaluation report for fiscal
year 2008-09 as required by the State Department of Education.
F. CDC CONTINUED
FUNDING CONTRACT
Approved the 2009-10 contract with the State Department of Education for
continued funding for State-funded preschool services for the Hartnell
College Child Development Preschool programs. The College would receive
State funding up to $569,542.
G. ALLIED HEALTH
GRANT APPLICATION
Ratified the grant application and accept funds, if awarded, with the
California Community College Chancellor’s Office for statewide economic
stimulus dollars to fund allied health programs. If awarded, the college could
receive up to $400,000 to support the Medical Laboratory Technician
program. Dr. Helm pointed out that even though the college was asked to
apply, it had just received notice that this application had been denied.
H. TITLE V GRANT
APPLICATION
Ratified the grant application and accept funds, if awarded, with the United
States Department of Education for a Hispanic Serving Institution (HSI) Title
V grant. If awarded, the grant would be $2,875,000 over a five-year period
and would be to improve student performance in math and science.
Trustee Montemayor asked if this grant is identified for math and science
only and Dr. Helm responded that the college responded the grant’s criterion,
which is geared toward math and science. In addition, Trustee Montemayor
asked for a copy of the grant proposal.
I.
MOU – KING CITY
TOWN SQUARE, LLC
HCCD –REGULAR MEETING – JULY 7, 2009
Approved the Memorandum of Understanding between Hartnell College and
King City Town Square, LLC for custodial, maintenance, and grounds
Page 4 of 8
services for the King City Education Center not to exceed $12,420 with a 30day termination clause effective July 8, 2009.
J. 1099 PRO, INC. CONTRACT
Approved the contract with 1099 Pro, Inc. to provide 1009 Pro 2009 Software
to assist in uploading student tuition information for 2009. The term of the
contract is for three months, January 2010 to March 2010 and could cost up
to $15,000, depending on the number of 1098-T issued to students as required
by the Internal Revenue Service.
K.
CENTRATION,
MANDATED COSTS
AGREEMENT
Approved a three-year agreement with Centration for mandated costs
reimbursement services for fiscal years 2009-10, 2010-11, and 2011-12 at an
annual cost of $6,000.
L.
KEENAN AND
ASSOCIATES –
EXTENSION OF
AGREEMENT
Approved an extension of the agreement with Keenan and Associate for the
administration of workers’ compensation run-off claims for 2009-2010. The
term of the agreement is effective July 1, 2009 through June 30, 2010, will
cost $18,000, and will be paid from the self-insurance fund.
M. DESTRUCTION OF
CLASS III RECORDS
Approved the destruction of Class III Records in compliance with Title V,
Section 59027. The estimated cost to destroy these aged records is $1,800.
N. APPOINTMENTS –
BOND OVERSIGHT
COMMITTEE
Approved four, two-year term appointments to the Independent Citizens’
Bond Oversight Committee effective July 9, 2009. Approved to the
committee were John Inman (Foundation); Vearl Gish, (Seniors); Juan Carlos
(Student); and Robert Perkins (Community). The term of each appointment
is July 9, 2009 to June 30, 2009.
O. PERSONNEL ACTION
Trustee Donohue congratulated Dyan Miller, Dean/Athletic Director, on her
new assignment at Los Positos Community College and thanked her for her
service to the college and community. Dr. Helm thanked Ms. Miller for her
excellent leadership and support of the college’s athletic teams and for her
service. In addition, she recognized and congratulated Dr. Rose, who has
accepted a position at Gavilan College as Vice President for Instruction. Ms.
Miller thanked Dr. Helm and Dr. Greg Peterson for their leadership, support
and mentoring. Also, she thanked Joanne Trevino for all of her support.
Trustee Montemayor asked who would be responsible for financial aid since
the director is retiring due to the new student services redesign and
questioned if the services to students would be impacted. Dr. Helm
responded that the managerial responsibilities of financial aid would be
shifted to a reclassified administrative position and one classified position
would be added as outlined in the redesign presentation.
On a motion by Trustee Gonzalez-Castro, seconded by Trustee Healy, vote of
6-1 (Freeman-No), and advisory vote of Aye (Cortes), the Board approved
and/or ratified personnel actions. (Appendix B)
HCCD –REGULAR MEETING – JULY 7, 2009
Page 5 of 8
ACTION ITEMS
A. BUDGET REVISIONS
On a motion by Trustee Healy, seconded by Trustee Gonzalez-Castro, rollcall vote of 7-0, and advisory vote of Aye (Cortes), the Board approved
budget revisions numbered 8337 to 8406.
Trustee Donohue questioned the amount of $110,000 paid to the County
Elections Department for the March 3, 2009 special election because she
believed the amount to be much higher than the $24,000 that the college was
told to anticipate.
B. ELECTRONICS
PROGRAM –
DISCONINTUANCE
On a motion by Trustee Healy, seconded by Trustee Rice, roll-call vote of 6-1
(No-Freeman) and advisory vote of Aye (Cortes), the Board approved the
Superintendent/President’s recommendation to discontinue the Electronics
Technology Program and that designated students enrolled in the program in
2008-09 be given the opportunity to complete the program by June 2010.
C. APPROVE
AMENDMENT TO
RESOLUTION 09:6 AND
RESOLUTION 09:7
On a motion by Trustee Gonzalez-Castro, seconded by Trustee Martinez, rollcall vote of 7-0 and advisory vote of Aye (Cortes), the Board approved to
amend 09:6, Golden Handshake for Faculty, and Resolution 09:7, Early
Retirement Incentive for Classified Employees of the Hartnell Community
College District, aligning the effective retirement date with recently amended
date of notification of intent to retire to on or before July 7, 2009.
D. PUBLIC HEARING
Trustee Donohue opened a public hearing to allow the public to comment on
the contract re-opener proposal between Hartnell Community College District
and California School Employees Association, Chapter 470 on wages and
benefits.
There were none.
E. RECEIVED
PROPOSALS
The Board received a joint proposal from the District and California Schools
Employees Association, Chapter 470 to reopen contract negotiations on
wages and benefits, Article 9, Pay and Allowances, and Article 14, Health and
Welfare Benefits for the 2009-10 year in accordance with the new collective
bargaining agreement.
F. PUBLIC HEARING
Trustee Donohue opened a public hearing to allow the public to comment on
the contract re-opener proposal between Hartnell Community College District
and International Union of Operating Engineers Stationary Local No. 30 (L39) on wages and benefits.
There were none.
G. RECEIVED
PROPOSALS
HCCD –REGULAR MEETING – JULY 7, 2009
The Board received a joint proposal from the District and International Union
of Operating Engineers Stationary Local No. 30 (L-39) to reopen contract
negotiations on wages and benefits, Article 23, Wages, and Article 18, Health
and Welfare Benefits for the 2009-10 year in accordance with the new
collective bargaining agreement.
Page 6 of 8
INFORMATION ITEMS
FINANCIAL STATEMENTS
The Board received the Financial Statements for period ending May 31, 2009.
SENATE REPORTS
Student Senate: None
Classified Senate: Joanne Trevino reported the Senate continues to work with
the RFC on proposed cuts.
Academic Senate: Dr. Kelly Locke reported there is no activity from the
Senate because they have not met since June 2, 2009. She wanted to inform
the Board the college’s involvement in this year’s Relay for Life. The college
had three teams and collectively they raised $8,000 through fundraisers and
donations. The Board congratulated Dr. Locke and everyone involved in this
year’s event.
PRESIDENT’S REPORT
Dr. Helm thanked those who made the budget presentation this evening and
stated it demonstrates what can be accomplished when work is done and
shared by all. She announced that a BBQ and groundbreaking ceremony is
planned on July 20, 2009, 12:00 p.m., for the athletic fields. In addition, she
announced the college received a formal letter from the Accrediting
Commission fully affirming the college’s accreditation. A midterm report is
due March, 2010.
BOARD
COMMUNICATION
Trustee Cortes stated he is happy to serve a second term as student trustee and
thanked the staff, faculty, and administration that are working on the RFC,
acknowledging their commitment to this effort.
Trustee Gonzalez-Castro stated she was proud to be a part of the college and
congratulated Dr. Helm and staff on the recent accreditation letter; that the
college will face tough budget times; that she is taking a summer nutrition
class and her experience has been wonderful on campus—that all staff was
readily available to help students, that the entire college is welcoming to her
and to all students, that her instructor is excellent; and she thought Dr. Helm
was generous and setting a good example to offer to double whatever cuts the
employees may take.
Trustee Martinez expressed concern over an article in the Coast Weekly
Magazine regarding the wages on Animal Health Technology and the Board
should look further into the concerns expressed this evening; that he was
invited to have pizza with members of C.S.E.A. to hear their concerns over the
potential declaration of financial emergency and he thanked them for inviting
him. He further stated that he was surprised to see that Trustees Montemayor
and Freeman were there, too.
Trustee Healy stated he was proud of this evening’s presentation on the
progress of the budget and on top of that, the accreditation. He stated that he
would not be able to attend the next meeting of the Sunrise House and asked
his alternate, Trustee Gonzalez-Castro, to attend.
HCCD –REGULAR MEETING – JULY 7, 2009
Page 7 of 8
Trustee Freeman reported he attended the Relay for Life and participated in
the lighting of the luminaries; that he is proud the college received formal
notice on accreditation, and he is opposed to cuts – the community will suffer.
In addition, he has contacted local legislators and urged the Board to think
outside-of-the-box and move forward to work with Sacramento and
Washington.
FUTURE AGENDA ITEMS
Trustee Montemayor – Requested that he be allowed to make a presentation to
the Board on the Academic Learning Center based on his discussions with
constituents. Trustee Donohue has stated this item can be placed under
Information.
Trustee Martinez – Stated that he wanted a report on the discontinuance
process that took place when determining to discontinue the AHT program.
Trustee Healy – Responded to Trustee Martinez and asked if he was
requesting a Reconsideration of the vote on the discontinuance of the AHT
program? As a result, Healy asked that the Reconsideration be placed on the
August Agenda.
ADJOURNMENT
On a motion by Trustee Rice, seconded by Trustee Healy, and unanimously
carried, the meeting adjourned at 8:24 p.m.
NEXT MEETING
The next regular Board of Trustees Meeting is scheduled on August 11,
2009, 5:00 p.m., Hartnell College, CAB112, Board Room.
Patricia Donohue
Board of Trustees President
HCCD –REGULAR MEETING – JULY 7, 2009
Phoebe K. Helm
Board Secretary
Page 8 of 8
Appendix A
2009-2010
Budget Cut Proposals
Shared Governance Presentation
Board of Trustees Meeting
July 7th, 2009
Shared Governance Process
y Resource Allocation Committee, Financial Information
Subcommittee, Cabinet, & Other Volunteers
y Formed 10 Subcommittees Composed of Staff, Faculty &
Administrators
y Met Constantly for Hours on End, Multiple Meetings per Week
y Committed to Finding Solutions
Together and Avoiding a
Declaration of Financial Emergency
Fall Schedule Section Reductions
RECOMMENDATION:
y Used Priority System for Entire Schedule
y Cut 93 Sections
y Add Back 63 High-Demand Sections
_____________________________________________
RESULTS:
y Cost Savings to General Fund:
y Net Reduction of 30 Sections
y No Impact on FTES
$130,000.00
Academic Learning Center
RECOMMENDATION:
y Keep Math Lab Open for Returning Students for Fall 2009
y Keep Computer Lab Open to Offer Degree/Certificate
Requirements for Fall 2009
y Close Reading & Writing Lab for Redesign of Curriculum
y Faculty & Classified Staff Positions Impacted
_____________________________________________
RESULTS:
y Cost Savings to General Fund:
$311,000.
y Provides Transition per Redesign Team Recommendations
Student Services Categorical Programs
(16-32% Cuts)
RECOMMENDATION:
y Management: 1 Position Eliminated
y Faculty: Freeze PT Counseling, 2 Counselors teach full loads
y Classified: 1 Position Impacted
y Programs: Improve Coordination with EOPS, DSPS, & TRiO
_____________________________________________
RESULTS:
$115,000.00
y Reduction in Direct Student Funding: $0.00
y Cost Savings to General Fund:
Student Services Redesign
RECOMMENDATION:
y Management: 1 Position Eliminated
y Faculty: 1 Counselor Reassigned to Full-Time Teaching
y Classified: New Career Ladder, Adjustment in Positions
y Programs: Built on Entire Year of SS Division Workshops
_____________________________________________
RESULTS:
$33,000.00
y Reduction in Direct Student Funding: $0.00
y Cost Savings to General Fund:
Frozen Positions
RECOMMENDATION:
y Hold 11 Positions (Includes Classified, Faculty &
Management)
y Redirect Some Funds to Cover Critical Functions
_____________________________________________
RESULTS:
y Net Savings to General Fund:
$900,000.00
Health Benefits
RECOMMENDATION:
y Move All Employee Groups from MCSIG Option I to Option
III for 2009-2010
y Task Benefit Committee with Investigating Other Options
y Forwarded to Employee Groups for Negotiation
_____________________________________________
RESULTS:
y Cost Savings to General Fund:
$1,000,000.00 Annually
Contracts/Operating Expenses
RECOMMENDATION:
y Movement of Nursing Program from Natividad to Main
Campus
y Reduction of Public Safety Training Consortium FTES
Purchased
y Eliminate Workforce & Community Development Program
y Reduce Independent Contract Obligations
_____________________________________________
RESULTS:
y Cost Savings to General Fund:
$586,000.00
Board of Trustees Sacrifices
ACTION:
y Suspended Stipends
y Suspend Travel
y Suspend Health Benefits
_____________________________________________
RESULTS:
y Cost Savings to General Fund:
$100,000.00
Items Still in Discussion
y Position Reorganization Model
y CSEA Recommendations
y Housing Efficiencies
y Analysis of Grant Functional Overlap
y Possible Transfer of Certain Restricted Fund Reserves
y Possible Salary & Working Conditions Concessions
Additional Costs for 2009-10
y Cost of November Board Election
y Cost of Implementation of “Golden Handshake”
y Vacation Leave Payout for Retirees
y Additional Loss of Interest Income from MCOE
_____________________________________________
RESULT:
y Additional Cost to General Fund: -
$400,000.00
Overall Summary To Date
y Fall Schedule Reductions
y Academic Learning Center
y Student Services Categoricals
y Student Services Redesign
y Frozen Positions
y Health Benefits
y Contracts/Operating Expenses
y Board of Trustees Sacrifice
y Additional Costs for 2009-10
$
$
$
$
$
$
$
$
$
130,000.00
311,000.00
115,000.00
33,000.00
900,000.00
833,000.00
586,000.00
100,000.00
(400,000.00)
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
TOTAL:
Remaining:
$ 2,608,000.00
($692,000.00)
THE FOLLOWING PERSONNEL ACTIONS WERE APPROVED AND/OR RATIFIED
AT THE BOARD OF TRUSTEES REGULAR MEETING OF JULY 17, 2009
APPENDIX B
I. Retirements, resignations, releases, and leave requests
A. Ratify retirement of regular personnel:
1. Jaime Villarreal, Print Shop Supervisor (#S-4), retirement in lieu of layoff,
effective June 30, 2009 (Note: this updates board action taken in April, 2009).
2. MaryHelen Dorado, Financial Aid Director (#A-31), retirement in lieu of
layoff, effective July 31, 2009, due to position of Director of Financial Aid
being eliminated in restructure of Student Services.
B. Ratify resignation of regular personnel:
1.
Dyan Miller, Dean of Physical Education and Athletics (#A-23), effective
July 8, 2009.
2.
Kathleen Rose, Associate Vice President for Academic Affairs and
Accreditation (#A-47), effective July 3, 2009.
3.
Vanessa Bautista, Library Technician (#CC115), effective June 29, 2009.
II. Appointments
A. Ratify appointment of full-time academic personnel:
1.
Barbara Ristrim, full-time, tenure-track, Speech and Communication
Instructor (#F-106), Column B, Step 3, effective August 17, 2009. This
position was temporary for 2008–2009.
B. Ratify appointment of part-time instructor for spring semester 2009:
1.
Dennis Merrill, Health Services
C. Ratify appointment of part-time instructors for summer session 2009:
1.
Gabriel Bravo, Counseling
2.
Susan Burns, Theater Arts
3.
Richard Givens, Counseling
4.
Jeffrey Heyer, Theater Arts
5.
Vince Lewis, Counseling
6.
Joseph Martinez, Counseling
7.
Jeff McGrath, Theater Arts
8.
Elizabeth Ramirez, Counseling
THE FOLLOWING PERSONNEL ACTIONS WERE APPROVED AND/OR RATIFIED
AT THE BOARD OF TRUSTEES REGULAR MEETING OF JULY 17, 2009
APPENDIX B
D. Ratify appointment of substitute classified employee:
1.
Eva Diaz, $15.73/hr, (30 hrs/wk), Administrative/Help Desk,
Information Systems, May 18 – July 24, 2009.
E. Ratify volunteers:
1.
Grecia A. Garcia, Physical Education
2.
Ernie Guerrero, Physical Education
3.
Patrick Kosta, Physical Education
F. Ratify appointment of professional experts:
1. Ron Cacas, $2000 flat rate, to provide promotions and marketing for The
Western Stage production of The American Clock, May 10 – June 5, 2009.
2. Marilyn Duran, $15.05/hr (40 hrs/wk), to provide assistance with
governmental, military personnel management and protocols to assist
coordination of summer intern program. Serve as a liaison between
sponsoring organizations and science students, MESA/Math & Science, May
1 – August 31, 2009, grant funded.
3. John Englehorn, $1000 flat rate, to provide lighting design for The Western
Stage production of The American Clock, May 22 – June 5, 2009.
4. Diane Kelsy, $1000 flat rate, to provide wardrobe coordination for The
Western Stage production of The American Clock, May 22, – June 28, 2009.
5. Leslie Lancaster, $1000 flat rate, to provide coordination of stage properties
for The Western Stage production of The American Clock, May 17 – June 5,
2009.
6. Isela Villanueva, $1,440 flat rate, to fill 2009 season subscriptions orders and
on-site sales for single tickets, The Western Stage, May 5 – May 31, 2009.
G. Ratify appointment of student worker for spring and summer semesters 2009:
1. Maricela Aboytes, Human Resources/EEO, Student Worker.
III. Special projects and stipends
A. Ratify special project agreement payments:
1. Lawrence Adams, $260 flat rate, to present Digital Bridge Academy activities
and program at the Math Academy Retreat for incorporation into the Math
Academy program, April 24, 2009, grant funded.
2. Guy Agrati, $60.07/hr (not to exceed $180.21), to teach LVN students the
NCLEX review course, Nursing Department, June 9 – 11, 2009.
THE FOLLOWING PERSONNEL ACTIONS WERE APPROVED AND/OR RATIFIED
AT THE BOARD OF TRUSTEES REGULAR MEETING OF JULY 17, 2009
APPENDIX B
3. Theresa Carbajal, $260 flat rate, to present counseling activities at the Math
Academy Retreat for incorporation into the Math Academy program, April
24, 2009, grant funded.
4. Joseph DeRuosi, $2500 flat rate, to complete the 2009-2010 Tech Prep
request for proposal to be submitted to the Chancellor’s Office, Career and
Economic Development, April 11 – May 11, 2009, grant funded.
5. Clara Susan Anderson, $47.86/hr (not to exceed $1,435.80), to assist in
learning lab for clinical nursing practice, Nursing Department, July 6 – 20,
2009.
6. Clara Susan Anderson, $47.86/hr (not to exceed $2,680.16), to plan,
coordinate and provide the professional experience for the Summer Health
Institute, Nursing Department, July 22 – August 31, 2009.
7. Ko Cooper, $8,000 flat rate, to facilitate the development of a state of the art
Agricultural Mechanic facility at the Alisal Campus that meets or exceeds
local industry and Community College standards, December 10, 2008 - June
4, 2009.
8. Mary Cousineau, $2,362.80, for facilitating 40 hours of inpatient clinical
experience in the pediatric unit for 7 ADRN students, April 19 - May 3, 2009.
9. Fay Griffin, $780 flat rate, to assist in developing curriculum at the Math
Academy Retreat, Math & Science Department, Apri1 24 – 25, 2009, grant
funded.
10. Katherine Harris, $4500 flat rate, to create a lab manual for Bio 10, Math &
Science, January 26 – June 4, 2009, grant funded.
11. Greg Perkins, $780 flat rate, to contribute to the development of Math
Academy sessions, April 24 - 25, 2009, grant funded.
12. Ken Rand, $780 flat rate, to facilitate and coordinate a two-day Math
Academy Retreat and coordinate and promote creative and innovative
pedagogical techniques for entry level math students, April 24 - 25, 2009,
grant funded.
13. Jim Riley, $780 flat rate, to facilitate and coordinate a two-day Math
Academy Retreat and coordinate and promote creative and innovative
pedagogical techniques for entry level math students, April 24 - 25, 2009,
grant funded.
14. Soad Sedrak, $780 flat rate, to assist in developing curriculum at the Math
Academy Retreat, Math & Science Department, Apri1 24 – 25, 2009, grant
funded.
15. Sungtack Shin, $650 flat rate, to assist in developing curriculum at the Math
Academy Retreat, Math & Science Department, Apri1 24 – 25, 2009, grant
funded.
16. Stephanie Snell, $47.86/hr (not to exceed $1,435.80), to assist primary faculty
in conducting nursing skills laboratory sessions/testing. Provide oversight for
practice sessions; act as proctor for testing sessions, Nursing Department,
January 28 - June 4, 2009.
17. Ben Tiscareno, $49.78/hr (not to exceed $1,393.84), special presenter for
EGN 2, Career and Economic Development, March 11 – June 4, 2009.
THE FOLLOWING PERSONNEL ACTIONS WERE APPROVED AND/OR RATIFIED
AT THE BOARD OF TRUSTEES REGULAR MEETING OF JULY 17, 2009
APPENDIX B
18. Senorina Vasquez, $780 flat rate, to assist in developing curriculum at the
Math Academy Retreat, Math & Science Department, Apri1 24 – 25, 2009,
grant funded.
19. Joe Welch, $1,733.67 flat rate, to be a faculty liaison for the Mathematics,
Engineering, and Science Achievement Program to promote the MESA
program and provide instruction and access to industry opportunities, August
18, 2008 - June 4, 2009, grant funded.
20. Michael Wheeler, $49.78/hr (not to exceed $149.34), special presenter for
EGN 2, Career and Economic Development, April 11 – May 11, 2009.
21. Ann Wright, $500 flat rate, to lead the curriculum development for a course in
microbiology for food safety including participation on an external advisory
committee, February 12 - June 4, 2009, grant funded.
AGENDA ITEM FOR BOARD MEETING OF:
August 11, 2009
Title:
Ratify Disbursements of District Accounts
Number:
V. B.
Area:
Office of Support Operations
Supplement OSO-3
Prepared by: Barbara Yesnosky
Status:
Consent Action
Recommendation:
That the Board of Trustees ratifies disbursements from District accounts.
Summary:
The attached lists of disbursements from District accounts are presented for ratification.
COUNTY WARRANTS
Any or all of the following funds:
General; Debt Service; Bookstore; Child Development Center; Capital Outlay; Scheduled
Maintenance/State-Funded Projects; Property Acquisition; Bond Projects; Cafeteria;
Self-Insurance; Retirees’ Health Benefits; Associated Student Body; Scholarship, Loan,
and Trust; and Intercollegiate Athletics
NO OF
DATE
WARRANT NUMBER
WARRANTS
AMOUNT
6/03/09
12720286
12720376
91
$
428,658.00
6/17/09
12723629
12723716
88
296,952.23
6/29/09
12726251
12726431
181
1,621,535.48
Subtotal
$ 2,347,145.71
Note: Legal fees in above summary total $635.00
CHECKING ACCOUNTS
General Fund Revolving
DATE
June 09
Subtotal
Total
Budget Implications:
None
WARRANT NUMBER
10102
10111
NO OF
WARRANTS
10
AMOUNT
12,333.90
12,333.90
$ 2,359,479.61
AGENDA ITEM FOR BOARD MEETING OF:
Title:
August 11, 2009
Number:
Transfer of Non-Cash Donations from
Hartnell College Foundation
V. C.
Area:
Status:
Office of Advancement
Prepared by: Beverly Grova
Consent Action
Recommendation:
That the Board of Trustees accepts the non-cash donations from the Hartnell College
Foundation.
Summary:
The following vehicles are non-cash donations received by the Hartnell College Foundation
and are for transfer to the College instructional programs and should be received and insured
by the college before use:
Date Received
07/15/2009
Donor
Don Chapin
Donated to
Hartnell College
Construction Program
In-Kind Donation
1999 Ford, F250 3/4 ton extra cab short
bed pickup
License Plate #5V22438
VIN #1FTNX20LOXEA99956,
07/15/2009
Angelo Grova
Hartnell College
Agriculture Program
1984 Ford, F600 flatbed truck
License Plate #6S79161
VIN #1FDNF60H8EVA07538
Budget Implications:
None
AGENDA ITEM FOR BOARD MEETING OF: August 11, 2009
Title:
Approve Memorandum of Understanding
between Hartnell College and First 5 Monterey
County for FY 09/10
Number:
Area:
Career and Economic Development
Child Development Center
Prepared by: Dr. Ignacio Pando
Status:
V. D.
Consent Action
Recommendation:
That the Board of Trustees approves the Memorandum of Understanding between Hartnell
College and the First 5 Monterey County Special Needs Project.
Summary:
To best provide services to the families of enrolled children at the Hartnell College Child
Development Center – Alisal Campus it is necessary to conduct developmental screenings and
assessments and provide referrals for additional services to some families. Participation in the
First 5 Monterey County Special Needs Demonstration Project is limited to Child Development
Centers and families within the 93905 zip code.
In this third year of Hartnell’s participation in the no-cost, cooperative venture benefiting our
enrolled children, members of a multidisciplinary team share information and/or relevant
records and establish a common database for the purpose of delivering services. The
Memorandum of Understanding defines the terms and conditions for the parties involved to
provide the services and share the information utilizing the specific guidelines set forth by the
First 5 Monterey County Special Needs Project.
Project Manager: Melanie Allison
Term: July 1, 2009 to June 30, 2010. The Alisal Campus Child Development Center is not in
operation during the summer session; therefore Hartnell College’s participation in the project
will not begin until August 17, 2009. Since it is a multiple-agency MOU, and other programs
do provide services during the summer, the effective date for the MOU is July 1, 2009.
Budget Implications:
None
AGENDA ITEM FOR BOARD MEETING OF: August 11, 2009
Title:
Memorandum of Understanding with
California Mini-Corps Program
Number:
Area:
Student Affairs & Athletics
Prepared By: Dr. Greg Peterson
Status:
V. E.
Consent Action
Recommendation:
That the Board of Trustees approves the Memorandum of Understanding with California MiniCorps Program.
Summary:
The California Mini-Corps program will provide eligible students from Hartnell College an
opportunity to experience working with migrant children in a classroom setting. These
students will gain pre-teaching experience that can be integrated with their educational career.
Term: August 20, 2009 to August 31, 2010
Budget Implications:
None
AGENDA ITEM FOR BOARD MEETING OF:
Title:
August 11, 2009
Number:
Approve Memorandum of Understanding
and Licensure Agreement with King City
Town Square, LLC
V. F.
Area:
Status:
Superintendent/President
Prepared by: Dr. Phoebe Helm
Consent Action
Recommendation:
That the Board of Trustees approves the Memorandum of Understanding and Licensure
Agreement with King City Town Square, LLC.
Summary:
The King City Town Square, LLC and Hartnell College have a mutual interest in supporting
the needs of the King City Town Center. This agreement specifies the conditions whereby the
parking lot belonging to Hartnell College can be used by the King City Town Square, LLC
when not being used by Hartnell College. The shared services, referenced in item 4 of this
agreement, were approved by the Board at its July 7, 2009 meeting.
Budget Implications:
None
MEMORANDUM OF UNDERSTANDING
for
LICENSE AGREEMENT
This Memorandum of Understanding for License Agreement (“Agreement”) is effective this
___ day of August, 2009, by an between Hartnell Community College District, a community college
district duly organized and validly existing under the laws of the State of California (“Licensor”),
and King City Town Square, LLC, a California limited liability company, its patrons, agents,
licensees and permitees (“Licensee”). Licensor and Licensee are sometimes referred to individually
as a “Party” and collectively as the “Parties”.
1.
RECITALS.
1.1
Licensor is the exclusive owner of real property located in King City, California,
consisting of a parcel of land approximately 8,568 square feet in size, with Monterey County
Assessor’s Parcel Number: 026-192-026, which is more particularly described in Exhibit A
(“Property”).
1.2
The Property is improved by curbs, sidewalks, paving for parking and landscaping
(“Improvements”)
1.3
Licensor has the exclusive right to license others to access King City Town Square
by using the Property for parking, ingress and egress, utilizing the Improvements, while balancing
Licensor’s own use of the Property for similar access to its Hartnell King City Campus, located
adjacent to the Property.
1.4
Licensee is desirous of receiving a license for the joint use of the Improvements for
parking, ingress and egress to and from King City Town Square commercial businesses.
1.5
Licensor is desirous of granting said license.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, the parties hereto agree as follows:
2.
GRANT OF LICENSE.
2.1
Licensor hereby grants to Licensee, and Licensee accepts, on the terms and
conditions set forth herein, a license to access the Property solely for the purpose of utilizing the
Improvements for parking, ingress and egress to and from the King City Town Square commercial
buildings and for no other purpose.
2.2
During the Term of this Agreement Licensee shall not have the right to grant
sublicenses or otherwise to transfer the license without the prior written consent of Licensor.
2.3
No license, either express or implied, is granted by Licensor to Licensee by this
Agreement to use the Property or Improvements for any purpose, except as specifically stated
-1-
herein. The Property shall not be used for loitering or any other unlawful activity by Licensee.
3.
TERM. This Agreement shall commence on the effective date set forth above, and shall
continue for twenty (20) years and shall then terminate, unless terminated sooner in the event
Licensor ceases to use the Property for parking constructing a building or Licensor sells the
Property. On termination of this Agreement, for any reason, all rights and obligations of the parties
shall forthwith cease, except the obligations of Licensee to make payments accrued under this
Agreement.
4.
COST SHARING FOR MAINTANENCE. Licensor and Licensee agree to share in the
cost of maintaining the Property and common areas between the respective Parties in accordance
with the terms of a separate memorandum of understanding, which is not made a part of this
Agreement.
5.
INDEMNIFICATION. Licensee agrees to indemnify and hold Licensor harmless from any
and all claims, suits, liabilities, damages, losses, expenses, or costs (including attorneys’ fees) arising
from any claim or action against Licensor or Licensee for damages sustained by any person or
persons (including bodily injury or death), or on account of damage to property including loss of use
thereof, in any way related to the performance of this Agreement or which arise or occur with
respect to the operation of Licensee’s business as it relates to the Agreement. Such indemnity shall
extend to all claims and the like, whether caused, claimed to be caused, or contributed to by Licensor
or its employees, representatives, or agents.
6.
INSURANCE.
6.1
Licensee agrees to purchase and keep in full force and effect, during the term of this
Agreement, a policy of insurance insuring against those risks customarily insured under
comprehensive general liability policies, including injury and property damage. Such policies of
insurance shall have endorsements or coverage with single limits of not less than one million dollars
($1,000,000) per occurrence and combined limits of not less than three million dollars ($3,000,000)
in the aggregate and shall name Licensor as an additional insured thereunder.
6.2
Licensee shall provide to Licensor, within thirty (30) days of the effective date of this
Agreement, a certificate showing proof that such policy of insurance is in effect.
6.3
Licensee agrees to give Licensor twenty (20) days’ prior written notice of any
termination of such policy of insurance, or of any intention on the part of Licensee not to pay the
premium thereof.
7.
TERMINATION. In the event of a breach of this Agreement, Licensor may terminate this
Agreement by delivering to the last known address of Licensee by certified mail or hand delivery of
a written notice of termination. Termination shall be effective upon receipt of said written notice.
8.
ASSIGNABILITY. Licensee shall not grant, assign, sublicense, or otherwise convey any
rights inuring to Licensee or any obligation or duties owed by Licensee to Licensor under this
Agreement, without the prior written consent of Licensor. Licensor, however, in its sole discretion,
may freely assign or transfer its rights or obligations under this Agreement.
-2-
9.
INDEPENDENT PARTIES. The parties hereby agree that no agency, joint venture, or
partnership is created by this Agreement, and that neither party shall incur any obligation in the
name of the other without the other’s prior written consent.
10.
GENERAL PROVISIONS.
10.1 Notices. All notices under this agreement shall be in writing and shall be sent (by
registered or certified mail, postage paid, return receipt requested) or personally delivered to the
Party to whom the notice is addressed at the latest address designated for a Party by his giving notice
under this Section. A notice sent by mail shall be deemed delivered on the date of actual delivery to
the listed address (as evidenced by the signed return receipt or the date of refusal to sign the return
receipt).
10.2 Jurisdiction and Venue. The Parties acknowledge and understand that the making
and performing of this Agreement is in King City, California. Any suit, arbitrations, mediation or
other remedial process shall be filed and maintained in Monterey County, California or such other
venue as the Parties may mutually agree.
10.3 Counterparts. This Agreement may be executed in multiple counterparts each of
which shall be deemed an original Agreement, and all of which shall constitute one Agreement,
notwithstanding that all of the Parties are not signatory to the original or the same counterpart.
10.4 Amendments. This Agreement may only be amended, except as otherwise agreed to
by unanimous written consent of all of the Parties.
10.5 Consents and Agreement. Any and all consents and Agreements provided for or
permitted by this Agreement shall be in writing.
10.6 Attorney Fees. Should any litigation be commenced between the Parties hereto or
their personal representatives concerning any provision contained herein or the rights and duties of
any person in relation thereto, the Party prevailing in such litigation shall be entitled, in addition to
such other relief as may be granted, to a reasonable sum as and for his attorney’s fees in such
litigation as determined by the Court.
10.7 Captions. Section captions are inserted for convenience only and are not intended to
be a part of this document or in any way to define, limit or describe the scope or intent of the
particular section to which they refer.
10.8 Succession. The Agreement shall be binding upon and shall inure to the benefit of,
the heirs, personal representatives, successors and assigns of the Parties.
10.9 Sole Agreement. Except as specifically stated in this Agreement, this Agreement
contains the sole and only Agreement between the Parties hereto and correctly sets forth the rights,
duties and obligations of each to the other as of the date hereof. Any prior agreements, promises,
negotiations or representations not expressly set forth in this Agreement are of no force and effect.
-3-
10.10 Representation. The firm of Johnson & Moncrief, PLC has represented Hartnell
Community College in the preparation of and negotiations leading to this Agreement. Licensee is
advised to seek independent legal representation regarding any of the terms contained herein.
10.11 Enforceability. If any provision of this Agreement should be held to be void or
unenforceable, such provision will be first, if possible, modified to the extent necessary to make it
enforceable; otherwise it will be treated as severable, leaving valid the remainder of this Agreement.
IN WITNESS WHEREOF, the Parties agree that this Agreement shall take effect as of the
date and year first written above.
Licensor:
HARTNELL COMMUNITY
COLLEGE DISTRICT
Dated: ___________________
By:___________________________
Phoebe Helm
Superintendent/President
Licensee:
Dated: ____________________
KING CITY TOWN SQUARE, LLC
By:___________________________
Chris Davis
President/Member
-4-
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN CITY OF KING, THE
COUNTY OF MONTEREY, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Parcel 3, as the same is shown upon that certain parcel map filed in the office of the County
Recorder of Monterey County, California on February 25, 2000, in Volume 21 of pacel mpas, at
Page 9.
Excepting therefrom that portion of said property conveyed to The City of King, a Municipal
Corporation of the State of California, recorded January 7, 2005, Instrument No. 2005002158,
Official Records, Monterey County.
APN: 026-192-026
-5-
AGENDA ITEM FOR BOARD MEETING OF: August 11, 2009
Title:
Approval of Contract Between Hartnell
Community College District and M.J. Johnson
for Grant Writing
Number:
Area:
Office of Advancement
Prepared by: Beverly Grova
Status:
V. G.
Consent Action
Recommendation:
That the Board of Trustees approves the contract between Hartnell Community College District
and M.J. Johnson.
Summary:
M.J. Johnson agrees to serve as consultant and grant writer to include review and preparation
of documents for development of grants, preparation of drafts and assembly of proposal for
submission.
Term: July 16, 2009 through June 30, 2010
Budget Implications:
The amount of the contract is not to exceed $30,000 per fiscal year.
AGREEMENT BETWEEN HARTNELL COMMUNITY COLLEGE DISTRICT AND
M. J. JOHNSON
This Agreement is entered into this 12th day of August, 2009 by and between Hartnell Community
College District, hereinafter referred to as “District” and M. J. Johnson, hereinafter referred to as
“Contractor”.
WHEREAS: The District has need for certain work, services, labor and/or materials to be
provided for the benefit of the District for valuable consideration and,
WHEREAS: The District finds the Contractor possesses the qualifications and abilities to perform
the needed work, services, labor and/or materials for the District,
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions, and
stipulations hereinafter, expressed and intending to be legally bound, and in consideration of the
mutual benefits to be derived there from, the parties hereto agree as follows:
1. SCOPE OF WORK. District hereby engages Contractor to perform and Contractor hereby
agrees to perform the services described in detail in Exhibit A attached hereto and incorporated by
reference. Services to be provided are generally described as follows:
1.1 Contractor agrees to serve as a consultant and grant writer.
1.2 Review of documents and regulations in preparation for development and writing; meet and
consult with college staff about the project design and organization; collect data; prepare
drafts of the proposal; and assemble the preliminary proposal for submission.
1.3 Maintaining regular communication on the status of the project with the Vice President of
Advancement.
2. DEFINITIONS. For purposes of this contract, the following definitions shall apply:
2.1 “Services” shall mean the services provided by
3. TERM AND TERMINATION. The term of this Agreement is from August 12, 2009 to June 30,
2010. Either party may, at its option, terminate this Agreement upon giving thirty (30) days advance notice
in writing to the other party in the manner herein specified by Paragraph 19, “Notices”. Should such
termination occur, both parties agree to use all reasonable efforts to mitigate their expenses and obligations
there under. Prior to such termination which could not be avoided by reasonable efforts, payment shall
occur for all satisfactory services rendered and expenses incurred, but not in excess of the agreed-upon
maximum payable. Such termination shall be in addition to, and not in lieu of, any other legal remedies
provided by this contract or by law. No work set forth in this contract shall commence until this contract
is fully executed by all parties.
4. COMPENSATION FOR SERVICES. The District shall pay the Contractor as full
consideration for complete and faithful performance of the Contractor’s obligations as set forth in
Exhibit B “Fees” attached hereto and incorporated herein by this reference. The total amount
payable to Contractor under this Agreement shall not exceed the sum of $__30,000.00___ as
specified in Exhibit B.
Page 1 of 10
5. PAYMENT OF CONTRACTOR INVOICES. Contractor will invoice District for services
described in Exhibit A and in the amounts as set forth in Exhibit B, on a monthly basis on or about
the last working day of the month, for services rendered in that month. Invoices are payable by the
District within thirty (30) days of receipt of the invoice by the District. In order to resolve any
dispute raised regarding any invoice submitted, the time period for payment shall be extended by a
reasonable amount of time. Should a delay in payment occur beyond a reasonable time period,
Contractor, at its discretion, may suspend performing services under this Agreement until payment
is current.
6. COLLABORATION. Each party shall undertake a cooperative role in taking effective actions
and timely execution of documents as appropriate for the mutual benefit of achieving the objectives
of this Agreement. District understands and acknowledges that, any delay in actions necessary to
meet District’s obligations under this Agreement, may result in additional fees levied by the
Contractor or the Contractor’s inability to meet specific obligations or deadlines required to fulfill
this Agreement. The outcome of such an event shall not be considered non-performance by
Contactor.
7. LIMITATION OF LIABILITY. In no event shall either party be liable for any indirect,
incidental, or consequential damages or damages for loss of profits, revenue, data or use incurred by
either party or any third party, whether in an action in contract or tort, statute, or otherwise, even if
the other party has been advised of the possibility of such damages. Contractor’s liability to the
District or any other third party, for damages hereunder shall in no event exceed the amount of fees
paid by District under this Agreement for the particular service provided giving rise to the claim.
The provisions of this Agreement allocate the risks between Contractor and District.
8. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that this
Agreement is not intended and shall not be construed to create the relationship of agent, servant,
employee, partnership, joint venture, or association between the parties. It is understood that this
Agreement is by and between independent contractors. As such, District shall not be responsible
for payment of unemployment insurance, workers’ compensation insurance, Social Security or
Medicare taxes or contributions of Federal or State income tax withholding for or on behalf of
Contractor or any of Contractor’s sub-contractors.
9. HOLD HARMLESS AND INDEMNIFICATION.
9.1 District agrees to defend, indemnify and hold harmless Contractor, its officers, agents and
employees from and against any and all liability, loss, expense, attorney’s fees or claims for injury,
death or damages arising from or as a result of the negligent or intentional acts or omissions of
District in the performance of this Agreement.
9.2 Contractor agrees to defend, indemnify and hold harmless District, its Board members,
officers, agents and employees from and against any and all liability, loss, expense, attorney’s fees or
claims for injury, death or damages arising from or as a result of the negligent or intentional acts or
omissions of Contractor in the performance of this Agreement.
Page 2 of 10
10. INSURANCE.
10.1 Both parties will each maintain general liability insurance with a combined single limit
coverage of not less than one million dollars during the term of this Agreement and any extensions
thereof. Such insurance will be maintained with an insurance company or companies authorized to
do insurance business in the State of California, and with respect to District, a company authorized
to do business with joint powers agencies formed by college districts or other educational
institutions for the purpose of liability insurance coverage, or by a system of self insurance. The
insurance policies in force will not be altered, reduced or terminated without a prior ninety (90) day
written notice to the other party as specified in Paragraph 19 “Notices”.
10. Contractor shall endeavor to file a current Certificate of Insurance upon execution of this
Agreement and with each renewal of policy throughout the term of this Agreement. In the event
that liability insurance is terminated or altered, each party, in its sole discretion, will have the right to
terminate this Agreement upon written notification to the other as specified in such termination to
take effect immediately upon delivery of the written notification.
11. LICENSES & ASSURANCES. Contractor assures that Contractor possesses the required
licenses or expertise to perform all of the services which it has agreed to perform pursuant to this
Agreement. Contractor will maintain appropriate or required licensure in full force and effect during
the term of this Agreement.
12. STANDARD OF CARE. The Contractor warrants that Contractor’s services shall be performed
by personnel possessing competency consistent with applicable industry standards. No other
representation, express or implied, and no warranty or guarantees are included or intended in this
Agreement, or in any report, opinion, deliverable, work product, document or otherwise.
Furthermore, no guarantee is made as to the efficacy or value of any services performed. This section
sets forth the only warranties provided by the consultant concerning the services and related work
product. This warranty is made expressly in lieu of all other warranties, express or implied, including,
without limitation, any implied warranties of fitness for a particular purpose, merchantability, noninfringement, title or otherwise.
13. CONFIDENTIALITY. Contractor and its officers, employees, agents, and subcontractors
shall comply with any and all federal, state, and local laws that provide for the confidentiality of
records and other information. Contractor shall not disclose any confidential records or other
confidential information received from the District or prepared in connection with the performance
of this Agreement, unless Contractor is specifically authorized in writing to disclose such records or
information. Contractor shall promptly transmit to District any and all requests for disclosure of
any such confidential records or information. Contractor shall not use any confidential information
gained by Contractor in the performance of this Agreement except for the sole purpose of carrying
out Contractor’s obligations under this Agreement.
Page 3 of 10
14. MAINTENANCE/RETENTION/ACCESS OF RECORDS.
14.1 Contractor shall prepare and maintain all reports and records utilized to perform services
under this Agreement that may be required by federal, state or District rules and regulations and
shall furnish those reports and records upon request.
14.2 Contractor shall surrender to the District all reports and records that may be required by
federal, state or District rules and regulations related to services performed under this Agreement.
The District shall retain such records for a period of at least three (3) years after Contractor’s receipt
of final payment under this Agreement or any extension thereof. Should any litigation, claim,
negotiation, audit exception, or other action relating to this Agreement be pending at the end of the
retention period, the District shall retain said reports and records until such action is resolved.
14.3 Contractor shall permit access by the District and by representatives of any federal or state
agency providing funds for, or as a result of, services performed under this Agreement, upon
reasonable notice at any time, but in any case no less than twenty-four hours notice, to reports,
records and other sources of information as the inspecting party may deem appropriate for their
purposes.
15. SUCCESSORS AND ASSIGNS. This Agreement and the rights, privileges, duties and
obligation of the parties hereunder, to the extent assignable or delegable, shall be binding upon and
inure to the benefit of the parties and their respective successors, permitted assigns and heirs.
16. BREACH OF CONTRACT. Should either party breach this Agreement, the non-breaching
party shall notify the breaching party of said breach in writing as specified Paragraph 19 “Notices”.
Breaching party shall have fifteen (15) days in which to cure said breach or the non-breaching party
may terminate the contract as specified herein as well as avail itself of any and all other legal
remedies.
17. WAIVER. No waiver of any breach of this contract shall be construed to be a waiver of any
other breach or any subsequent breach. All remedies afforded in this contract shall be taken and
construed as cumulative; that is, in addition to every other remedy provided herein or by law. The
failure of the parties to enforce at any time any of the provisions of this Agreement, or require at any
time performance by the other party of any of the provisions thereof, shall in no way be construed
to be a waiver of such provisions nor in any way affect the validity of this Agreement or any part
thereof or the right of the parties to thereafter enforce each and every such provision.
18. AMENDMENTS/ADDENDUM. This Agreement may not be modified or amended nor
written directions provided within the general scope of any services under this contract, except in
writing signed by a duly authorized representative of each party as stipulated by Paragraph 19,
“Notice”. No other act, usage or custom shall be deemed to amend or modify this Agreement.
19. NOTICES.
Any notice, demand, amendment, request, consent, approval or
communication that either party desires or is required to give to the other party or any other person
shall be in writing and either served personally or sent by prepaid, first-class mail. Either party may
change its address by notifying the other party of the change of address. Notice shall be deemed
communicated within 72 hours (3 days) from the time of mailing if mailed as specified in this
Page 4 of 10
paragraph. Any notice, demand, amendment, request, consent, approval or communication that
either party desires or is required to give to the other party shall be addressed as follows:
HARTNELL COMMUNITY COLLEGE DISTRICT
Attn: Vice President of Advancement
411 Central Avenue
Salinas, CA 93901
CONTRACTOR
M.J. Johnson
274 Highland Drive
San Luis Obispo, CA 93405
20. RULES OF CONSTRUCTION. The parties hereto participated jointly in the negotiation
and preparation of this Agreement. Accordingly, it is agreed that no rule of construction shall apply
against any party or in favor of any party. This Agreement shall be construed as if the parties jointly
prepared this Agreement, and any uncertainty or ambiguity shall not be interpreted against any one
party and in favor of the other.
21. SEVERABILITY. If any provision of this Agreement shall be held invalid or unenforceable by
a court of competent jurisdiction, such holdings shall not invalidate or render unenforceable any
other provisions of this Agreement.
22. NON-EXCLUSIVITY. Each party acknowledges and agrees that the rights granted to the
other party in this Agreement are non-exclusive and that, without limiting the generality of the
foregoing, nothing in this Agreement shall be deemed or construed to prohibit either party from
contemplating, or participating in, similar business arrangements as those described herein, with
other parties.
23. RIGHTS GRANTED. The District and Contractor shall each have the right to use all data,
reports or records collected or generated under this Agreement only in the context and for the
purposes intended, without written permission by the other party. Nothing in this Agreement shall
prohibit or limit the use of ideas, adaptations, formats, concepts, know-how, methods, models, data,
techniques, skill knowledge, or experience utilized, developed or gained by either party in connection
with this Agreement. The Agreement shall not create any rights or benefits to any persons or
entities other than the District and Contractor.
24. NON-SOLICITATION OF EMPLOYEES. During and for one (1) year after the term of
this Agreement, District will not solicit the employment of, or employ the Contractor’s personnel,
without the Contractor’s prior written consent.
25. NON-DISCRIMINATION CLAUSE. During the performance of this Agreement, neither
the District nor the Contractor will unlawfully discriminate, harass, or allow harassment against any
employee or student on the basis of sex, race, color, ancestry, religious creed, national origin,
disability (including HIV and AIDS), medical condition (cancer), age, marital status or sexual
Page 5 of 10
orientation. Both parties will ensure that the evaluation and treatment of their employees and all
persons requesting and receiving services, are free from such discrimination and harassment.
26. ENTIRE AGREEMENT. This Agreement represents the entire Agreement between the two
parties hereto with respect to the subject matter herein and supersedes any other agreements,
restrictions, representations or warranties, if any, between the parties hereto with regard to the
subject matter herein, not withstanding amendments duly made in writing and signed by both
parties. No waiver, alteration or modification of any of the provisions herein shall be binding on
any party unless in writing and signed by the party against whom enforcement of such waiver,
alteration, or modification is sought.
27. ASSIGNABILITY & BINDING EFFECT. Neither party shall assign, subcontract, or
transfer any of its rights or obligations under this Agreement to a third party without prior written
consent of the other party, which consent shall not be unreasonably withheld or delayed. If there is
a valid assignment, subcontract or transfer, this Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns.
28. DEBARMENT, SUSPENSION AND OTHER REPRESENTATION. Contractor
certifies as required by Executive Order 12549, that Contractor and its principles are not presently
debarred, suspended, proposed for debarment, declared intelligible, or voluntarily excluded from
covered transactions by any Federal department or agency, are not presently indicted, criminally or
civilly charged by a governmental entity, and have not, within a three-year period preceding this
agreement, been convicted or had a civil judgment rendered against them for commission of fraud
or criminal offense in connection with obtaining or performing a public transaction or contract, or
had one or more public transactions terminated for cause or default, nor have any appropriated
funds been paid by or on behalf of the contractor to any person for influencing or attempting to
influence any employee or officer of the Federal government or in connection with making of any
Federal grant or cooperative agreement.
29. DRUG -FREE WORKPLACE. Contractor certifies that it will or will continue to provide a
drug-free workplace as required by the Drug-Free Workplace Act of 1998.
30. DISPUTE RESOLUTION. Any and all disputes that may arise out of or relate to obtaining
services, products or other Agreements or any other relationship involving District and Contractor,
whether occurring prior to, as part of, or after the signing of this document, shall first be resolved by
good faith negotiations between the parties with the assistance of non-binding mediation. District
shall notify Contractor of any dispute
arising under this Agreement as specified under Paragraph 19 “Notices”. Contractor shall continue
to perform under this Agreement during any dispute. In the event either party determines that they
are not able to resolve the dispute through negotiation and mediation, then the dispute shall be
submitted to, and resolved by final and binding arbitration in accordance with the Commercial
Arbitration Rules of the American Arbitration Association. Negotiation, mediation and arbitration
shall be the exclusive means of dispute resolution between District and Contractor and their
respective agents, employees, beneficiaries or members. Arbitration shall be before a single
arbitrator who shall apply California substantive law. Any party may bring an action in any court of
competent jurisdiction in the County of Monterey, California, if necessary; (i) to compel arbitration
under this arbitration provision, or (ii) to obtain preliminary relief in support of claims to be
Page 6 of 10
prosecuted in arbitration, or (iii) to enter a judgment of any award rendered pursuant to such
arbitration.
31. ATTORNEY’S FEES. In the event of arbitration and/or any action at law or in equity
(including but not limited to specific performance) between District and Contractor arising out of
this Agreement or to enforce any of the provisions or rights hereunder, the prevailing party in such
arbitration, action or proceeding shall be paid all reasonable attorneys’ fees and costs including,
without limitation, court costs, expert witness fees, investigation costs, to enforce such rights by the
other party, such fees to be set by the court and to be included in the judgment entered in such
proceeding.
32. FORCE MAJEURE. Neither party shall be liable for nonperformance, defective performance
or late performance of any of its obligations under this Agreement to the extent and for such
periods of time as such nonperformance, defective performance or late performance is due to
reasons outside either party’s control, including acts of God, war (declared or undeclared), terrorism,
action of any governmental authority, civil disturbances, riots, revolutions, vandalism, accidents, fire,
floods, explosions, sabotage, nuclear incidents, lightning, weather, earthquakes, storms, sinkholes,
epidemics, failure of transportation infrastructure, disruption of public utilities, supply chain
interruptions, information systems interruptions or failures, breakdown of machinery or strikes (or
similar nonperformance, defective performance or late performance of employees, suppliers or
subcontractors); provided, however, that in any such event, each party shall use its good faith efforts
to perform its duties and obligations under this Agreement.
33. COMPONENTS AND REFERENCES. All components and representations contained
herein are incorporated by reference. Should elements of Agreement and/or proposal be in
disagreement, then Agreement shall control. The following documents attached hereto as well as
any and all components and representations contained in the proposal are expressly incorporated by
reference and made a part hereof:
Exhibit A - Scope of Work
Exhibit B - Fees
34. HEADINGS. Headings or captions on the paragraphs, sections, or subsections of this
Agreement are solely for convenience and reference only, and shall not be interpreted to explain,
modify, amplify, or aid in the
interpretation, construction, meaning or validity of the provisions of this Agreement or affect any
rights, obligations, or responsibilities of the parties arising hereunder.
35. TENSE, NUMBER AND GENDER. Each tense, number and gender in this Agreement
shall include any other tense, number or gender where the context and the parties hereto or the
context and references herein shall require.
36. TIME IS OF THE ESSENCE. Time is of the essence for each and every provision of this
Agreement.
37. APPLICABLE LAW. The laws of the State of California shall govern the validity,
performance and enforcement of this Agreement.
Page 7 of 10
38. JURISDICTION. Any and all disagreements between the parties hereto shall be adjudicated in
the courts of Monterey County, Salinas, California.
39. DUPLICATE EXECUTION. This Agreement is executed in duplicate (counterparts). Each
counterpart executed as original or facsimile of original, shall have the force and effect of an original.
40. AUTHORITY. An individual executing this Agreement on behalf of an entity represents and
warrants hereby that he or she has the requisite authority to enter into this Agreement on behalf of
such entity and bind the entity to the terms and conditions of the same.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized representatives effective on the day first above-written.
HARTNELL COMMUNITY COLLEGE DISTRICT
CONTRACTOR
By______________________________________
Phoebe K. Helm
Superintendent/President
By____________________________
M. J. Johnson
Contractor
Date:
Date:
Page 8 of 10
EXHIBIT A - Scope of Work
The Contractor agrees to serve as consultant and grant writer to include:
A. Review of documents and regulations in preparation for development and
writing; meet and consult with college staff about the project design and
organization; collect data; prepare drafts of the proposal; and assemble the
preliminary proposal for submission.
B. Maintaining regular communication on the status of the project with the Vice
President of Advancement.
Page 9 of 10
Exhibit B - Fees
Contractor shall provide the District with monthly invoices at a rate of $70 per
hour plus out of pocket expenses as agreed upon in order to meet the
objectives of the agreement. Contract is not to exceed $30,000 per year.
Page 10 of 10
AGENDA ITEM FOR BOARD MEETING OF:
August 11, 2009
Title:
Approve Termination of Lease Agreement
with County of Monterey DBA Natividad
Medical Center
Number:
Area:
Office of Support Operations
Supplement OSO-5
Prepared by: Barbara Yesnosky
Status:
Consent Action
V. H.
Recommendation:
That the Board of Trustees ratifies the recommendation of the President and the Resource
Allocation Committee to give Natividad Hospital the required 90-day notice of intent to cancel
its lease of facilities housing the nursing program. The cancelation would be effective
November 4, 2009, per section 1.2 of the lease agreement.
Summary:
The Resource Allocation Committee, the umbrella shared governance committee, approved the
recommendation of the facilities and technology committee to move the nursing program into
the north wing of the second floor of the new building at Central and Homestead. It is believed
that this can be accomplished by the end of October, 2009.
Budget Implications:
This move will result in a savings to the general fund of $250,000 annually.
AGENDA ITEM FOR BOARD MEETING OF
August 11, 2009
Title:
Approve Contract for Retention Specialist,
Marianne Hultgren
Number:
Area:
Status:
Career and Economic Development
Consent Action
V. I.
Recommendation:
That the Board of Trustees approves the Contract for Marianne Hultgren, Retention Specialist.
Summary:
Ms. Hultgren will provide a retention program for students enrolled in the ADN program. This
includes individual and small group tutoring as well as helping students demonstrate readiness
through diagnostic assessment and/or successful completion of remedial nursing coursework.
She will work with faculty to assess perceived ongoing developmental needs and provide
programs to meet these needs.
Full execution of this contract is contingent upon notification of funding of the Remediation
Grant, California Community College Chancellors Office.
Term: July 1, 2009 – July 31, 2010
Project Manager: Dr. Catherine Ryan
Budget Implications:
Cost for this contract not to exceed $103,000 and will be funded by grant funds only.
Source of Funds: State $ 103,000
AGENDA ITEM FOR BOARD MEETING OF: August 11, 2009
Title:
Number:
Approve and/or Ratify Personnel Actions
Area:
Human Resources & Equal Employment
Opportunity
V. J.
Status:
Consent Action
Recommendation:
Approve and/or ratify personnel actions as listed below.
Summary:
Approval of:
5 releases of regular classified employees due to layoff
3 deletions of vacant positions
Ratification of:
2 rescissions of release of regular personnel
1 reclassification of management position
1 assignment to Confidential position
1 interim assignment to management position
134 part-time faculty hires for summer session 2009
1 donated part-time faculty hire for summer session 2009
1 substitute employee hire
51 professional expert hires
70 student worker hires for summer semester 2009
23 payments to faculty for special projects that have been completed or are being
paid on a monthly timesheet basis
Detail:
I. Retirements, resignations, releases, and leave requests
A. Rescind release of regular personnel presented at June 2, 2009 Board Meeting:
Esmeralda Carranco, Secretary (#CC-149), High School Equivalency Program
(HEP). This is a grant funded position whose funding has been renewed by the
granting agency effective October 1, 2009.
B. Rescind release of regular personnel presented at June 2, 2009 Board Meeting:
Julia Mena, Student Services Technician (#CC-156), High School Equivalency
Program (HEP). This is a grant funded position whose funding has been renewed
by the granting agency effective October 1, 2009.
AGENDA ITEM FOR BOARD MEETING OF: August 11, 2009
C. Approve release of regular personnel:
1. Mercedes Quintero, Student Services Technician, Extended Opportunity
Program Services (EOPS) (#CC-158), effective September 25, 2009, due to
layoff, and placement on 39-month re-employment list in accordance with
Education Code §88117.
2. Cesar Perales, Instructional Specialist, Academic Learning Center, (#CC-52),
effective September 25, 2009, due to layoff, and placement on 39-month reemployment list in accordance with Education Code §88117.
3.
Jose Ponce, Instructional Specialist, Academic Learning Center, (#CC-51),
effective September 25, 2009, due to layoff, and placement on 39-month reemployment list in accordance with Education Code §88117.
4. Laura Cannon, Instructional Specialist, Academic Learning Center, (#CC-53),
effective September 25, 2009, due to layoff, and placement on 39-month reemployment list in accordance with Education Code §88117.
5. Yvonne Carreon, Instructional Specialist, Academic Learning Center, (#CC54), effective September 25, 2009, due to layoff, and placement on 39-month
re-employment list in accordance with Education Code §88117.
II. Approve elimination of the following vacant positions:
A. Offset Equipment Operator, Reprographics (#CC-4)
B. Print Shop Supervisor, Reprographics (#S-4)
C. Workforce & Community Development Coordinator (#CC-43)
III. Classification and Compensation
A. Ratify reclassification for Mary Dominguez from Director, Enrollment Services
to Dean of Student Affairs, Range III, Step B, effective August 12, 2009.
Reclassification addresses the Student Services redesign.
IV. Appointments
A. Ratify assignment to Confidential position:
1. Lucy Serrano, Senior Executive Assistant (#CF-6), President’s Office, Step D,
effective August 12, 2009.
B. Ratify interim assignment to Management position:
1. Dr. Carole Bogue-Feinour, Vice President of Academic Affairs and
Accreditation (#A-47), Step E, effective August 3, 2009, a 30-day rolling
contract, expected not to exceed three months.
AGENDA ITEM FOR BOARD MEETING OF: August 11, 2009
C. Ratify appointment of part-time instructors for summer session 2009:
1.
Patrizia Ahlers, Psychology
2.
Tom Alejo, Auto Collision Repair
3.
Gerardo Aleu, Mathematics
4.
Wendy Angel, Art
5.
Lorenzo Aragon, Theater Arts
6.
Youssef Arbab, English as a Second Language
7.
Ed Barber, Physical Education
8.
Daniel Beavers, Mathematics
9.
Emilia Benavente, Physical Education
10.
Laura Berger, Library
11.
Lovevasia Bey, Nursing
12.
Ronald Bird, Chemistry
13.
Olga Blomgren, English
14.
Olga Blomgren, Ethnic Studies. Appointment based on equivalency as
follows: BA in Comparative Literature with a minor in Ethnic Studies,
consisting of 12 units lower-division and 27 upper-division units; MA in
Comparative Literature.
15.
Chris Boyles, Physical Education
16.
Gabriel S. Bravo, Counseling
17.
Michael Branstetter, Mathematics
18.
Catherine M. Bruno, Psychology
19.
Susanne L. Burns, Theater Arts
20.
Susan Cable, Theater Arts
21.
Fernando Cabrera, Spanish
22.
Karen Carmon, Nursing
23.
Denise Castro, Physical Education
24.
Liz Cecchi-Ewing, Library
25.
Carlos Chavez, Counseling
26.
Sung H. Choi, Psychology
AGENDA ITEM FOR BOARD MEETING OF: August 11, 2009
27.
Allison C. Clark, Psychology
28.
Philip M. Collins, Music
29.
Cecil T. Costilow, English
30.
Yvonne Crane, Theater Arts
31.
Heather L. Crimson, Psychology. Appointment based on equivalency as
follows: MS degree in Counseling; licensed Marriage and Family
Therapist; 18+ units of psychology between BA and MS.
32.
Jesus Cuevas, Physical Education
33.
Gloria Curtis, Library
34.
Catherine R. Dacosta, Mathematics
35.
Don Dally, Theater Arts
36.
Theodore Dolas, Theater Arts
37.
Javier R. Dorantes, Automotive Technology & Welding
38.
Derek Duarte, Theater Arts
39.
Thu Mong Duong, Library
40.
Mark Ellis, Drafting
41.
Katera Estrada, Administration of Justice
42.
Sewan Fan, Physics
43.
Donna Federico, Theater Arts
44.
Kimie Garcia, Physical Education
45.
Richard Givens, Counseling
46.
Richard Gray, Administration of Justice
47.
Lothea L. Griffin, English
48.
Kevin G. Griffith, English as a Second Language
49.
Andrew S. Gruttadauro, Economics
50.
Wanda M. Guibert, English
51.
Elvia Guzman, Counseling
52.
Deborah A. Harris, English
53.
Philip M. Henderson, Astronomy
54.
Pat Henrickson, Early Childhood Education
AGENDA ITEM FOR BOARD MEETING OF: August 11, 2009
55.
Jeffrey T. Heyer, Theater Arts
56.
Gloria V. Hill, English
57.
John S. Himelright, Philosophy
58.
Kristy Holland, History
59.
Jonathan P. Hubbard, Biology
60.
Robin A. Jensen, History
61.
Ruben Jimenez, Spanish
62.
Daniel M. Kaplan, Biology
63.
William B. Kauffman, Biology
64.
Reggie Kenyon, Physical Education
65.
Kim A. Kiest, Biology
66.
Rhonda Kirkpatrick, Theater Arts
67.
David C. Kopp, English
68.
Kendon A. Kraska, Psychology
69.
Pamela J. Johnson, Physical Education
70.
Harvey Landa, Theater Arts
71.
Sylvia Langland, Family & Consumer Studies
72.
Jeffrey D. Lewis, Political Science
73.
Joseph Martinez, Counseling
74.
Pat McCarty, Physical Education
75.
Robin McKee-Williams, Theater Arts
76.
Cicely McCreight, Psychology
77.
Jeff McGrath, Theater Arts
78.
Rosalinda McNamara, Library
79.
Roberto E. Melendez, English
80.
Ann Merville, Anthropology
81.
Ernest Mercuri, Political Science
82.
Victor Morales, Auto Collision Repair
83.
Pamela S. Murakami, Art
AGENDA ITEM FOR BOARD MEETING OF: August 11, 2009
84.
William Musselman, Automotive Technology
85.
Martin Need, English
86.
Juan Oliverez, History
87.
Samuel Pacheco, Ethnic Studies & History
88.
Jennifer Pagliaro, Art
89.
Martha Pantoja, Counseling
90.
David Parker, Theater Arts
91.
Ayaz S. Pirani, English
92.
Linda Plummer, Library
93.
Raylene Potter, Mathematics
94.
Elizabeth Ramirez, Counseling
95.
Victor M. Ramos, Mathematics
96.
Catalina E. Reyes, Biology
97.
Andrew Richardson, Biology
98.
Mark Roberts, English
99.
Everett Rodriguez, Physical Education
100.
Wendy R. Roscher, English
101.
Sean N. Ryan, English
102.
Toshio Sakai, Japanese. Appointment based on equivalency as follows:
BA in Literature from Meiji Gakuin University; secondary credential in
Japanese Language; has taught Japanese at several colleges including
DLI; MA in religion.
103.
Soad N. Sedrak, Mathematics
104.
Sean Senechal, Biology
105.
Criselia G. Serrano, Spanish
106.
Steve Seymour, Physical Education
107.
Mark C. Shilstone, Speech
108.
Sungtack Shin, Mathematics. Appointment based on equivalency as
follows: Ph.D. in Nuclear Engineering, which included significant
graduate and undergraduate coursework in developmental and transfer
level math.
109.
Steven M. Shore, History
AGENDA ITEM FOR BOARD MEETING OF: August 11, 2009
110.
Jeffrey A. Smith, Anthropology
111.
David A. Sorensen, Mathematics
112.
Eric P. Strayer, Sociology
113.
Deborah Sturt, Speech. Appointment based on equivalency as follows: BA
in Communication/Speech, Theater and Dance; 20+
Communication/Speech graduate hours in MA Education.
114.
Patricia T. Sullivan, Photography. Appointment based on equivalency as
follows: undergraduate coursework in design and visual arts; 19 graduate
credits in Fine Arts.
115.
Amy G. Taketomo, Chemistry
116.
Afshin Tiraie, Mathematics
117.
Mary Ann Toney, Physical Education
118.
Jose Trujillo, Administration of Justice
119.
Sabina Trumble, Anthropology
120.
Paula Tyler, Physical Education
121.
Gemma Uribe-Cruz, Counseling
122.
Maria Villarreal, English
123.
Noshir C. Wadia, Mathematics
124.
Jonathan Walsh, Biology. Appointment based on equivalency as follows:
Bachelor's degree in Biology with 51 upper division and graduate units in
the discipline.
125.
Jamie L. Weiler, Physical Education
126.
Prince Williams, Physical Education
127.
Theo Windham, Physical Education
128.
Karen D. Wisdom, English
129.
Neil E. Withers, Mathematics. Appointment based on equivalency as
follows: undergraduate degree in mathematics and 30+ graduate level
units in discipline.
130.
Daphne S. Young, English
131.
Paul Yun, English
132.
Bushra H. Zaidi, English as a Second Language
133.
Chris Zepeda, Physical Education
AGENDA ITEM FOR BOARD MEETING OF: August 11, 2009
134.
Emilia Zuniga, Counseling
D. Ratify appointment of part-time donated instructors for summer session 2009:
1. Rita Whiteford, Health Services
E. Ratify appointment of substitute classified employee:
1. Carlos Garnica, Clerical Assistant, TRIO-Student Services, July 1 – 31, 2009.
This is a recall from the 39-month list.
F. Ratify appointment of professional experts:
a. Summer Health Institute is a yearly summer program for talented, qualified
high school students sponsored by a nursing grant provided by Salinas Valley
Memorial Hospital and other partners, June 22-26, 2009. Professional experts
mentor students in basic nursing laboratory skills:
1. Eva Denisse Abendano, $15/hr (40 hrs/week).
2. Lisa Bowling, $15/hr (40 hrs/week).
3. Lisa Dominguez, $15/hr (40 hrs/week).
4. Mario Flores, $15/hr (40 hrs/week).
5. Amy Folck, $15/hr (40 hrs/week).
6. Irma Hidalgo, $15/hr (40 hrs/week).
7. Hyang R. Ko, $15/hr (40 hrs/week).
8. Matthew Scott Merrill, $15/hr (40 hrs/week).
9. Anabel Moran Pereira, $15/hr (40 hrs/week).
10. Jimmy Parks, $15/hr (40 hrs/week).
11. Rachanaben Patel, $15/hr (40 hrs/week).
12. Maria Lizet Rodriguez, $15/hr (40 hrs/week).
13. Melissa Romero, $15/hr (40 hrs/week).
b. Summer Readiness Program was a three-week summer program supported by
a grant to the Career and Economic Development area for youth from 16 to 24
years of age to help prepare them for careers and further study in construction,
agriculture and health services. Professional experts provided mentorship to
students in particular career areas, June 15 – July 2, 2009:
14. Gabriel Almanza, $550, mentorship for health care participants.
15. Juan Huerta, $550, mentorship for construction participants.
16. Blanca Medrano, $550, mentorship for health care participants.
AGENDA ITEM FOR BOARD MEETING OF: August 11, 2009
17. Jose Orozco, $550, mentorship for health care participants.
18. Miguel Vidauri, $550, mentorship for agriculture participants.
c. Hartnell’s summer internship programs with partner education and research
institutions provide students and alumni with summer research opportunities.
The Science, Technology, Engineering and Math (STEM) Internship Program
at the Naval Postgraduate School is part of the Mathematics, Science,
Engineering Achievement (MESA) grant at Hartnell. Internships run June 15August 7, 2009:
19. Alan Galarza, $11.92/hr (40 hrs/wk), engineering internship.
20. Leonel Medrano, $12.75/hr (40 hrs/week), engineering internship.
21. Genaro Sanchez, $12.75/hr (40 hrs/week), engineering internship.
d. The Foster Kinship Care Education Program (FKCE) provides advanced
training for current and prospective foster, relative, and non-related extended
family member caregivers, adoptive parents, and local agency employees; and
support for foster home recruitment activities. This grant funded program is a
joint effort of the California Community College Chancellor’s Office and the
Department of Social and Employment Services (DSES). Assignments
include orientation leaders, trainers, childcare and activity providers, and
program coordination, and run through June 10, 2011:
22. Juana Cano, $22/hr (6 hrs/week), orientation leader.
23. Juana Cano, $40/hr, (6 hrs/week), TEAM trainer.
24. Karen Clampitt, $45/hr, (6 hrs/week), TEAM trainer.
25. Mike Davis, $13/hr (8 hrs/week), childcare and activity provider.
26. Mike Davis, $16/hr (8 hrs/week), lead childcare and activity provider;
program coordination.
27. Jason Herrier, $13/hr (8 hrs/week), childcare and activity provider.
28. Jason Herrier, $16/hr (8 hrs/week), lead childcare and activity provider;
program coordination.
29. Genoveva Jimenez, $13/hr (8 hrs/week), childcare and activity provider.
30. Genoveva Jimenez, $16/hr (8 hrs/week), lead childcare and activity
provider; program coordination.
31. Mariana Jimenez, $13/hr (8 hrs/week), childcare and activity provider.
32. Mariana Jimenez, $16/hr (8 hrs/week), lead childcare and activity
provider; program coordination.
33. Belen Macias, $40/hr (3 hrs/week), TEAM trainer.
34. Alejandra Sanchez, $13/hr (8 hrs/week), childcare and activity provider.
AGENDA ITEM FOR BOARD MEETING OF: August 11, 2009
35. Alejandra Sanchez, $16/hr (8 hrs/week), lead childcare and activity
provider; program coordination.
36. Alejandra Sanchez, $17/hr (8 hrs/week), coordinator for childcare,
activities, scheduling and training.
37. Patricia Sanchez, $13/hr (8 hrs/week), childcare and activity provider.
38. Patricia Sanchez, $16.00/hr (8 hrs/week), lead childcare and activity
provider; program coordination.
39. Norma Smith, $45/hr (6 hrs/week), TEAM trainer.
40. Alice Talavera, $45/hr, (6 hrs/week), TEAM trainer.
41. Charles Tremetozzi, $22/hr (6 hrs/week), orientation leader.
42. Charles Trementozzi, $40/hr (6 hrs/week), TEAM trainer.
43. Donna Trementozzi, $22/hr (6 hrs/week), orientation leader.
44. Donna Trementozzi, $40/hr (6 hrs/week), TEAM trainer.
45. Penelope Welsh, $40/hr (6 hrs/week), TEAM, ROOTS trainer
e. Hartnell’s theater arts program/The Western Stage (TWS) provides students
the opportunity to learn their craft within a professional context. The Young
Company (YC) exposes young people to theater arts. TWS’ current season
runs through December 4, 2009:
46. Susanne Burns, $1,000 per project (not to exceed $7,000), coordinator for
Young Company (YC) programs.
47. Maria Elena Cordero, $1,000 per project (not to exceed $7,000), casting
and auditions.
48. Joseph Niesen, $4,000, choreographer for Bye Bye Birdie production.
f. The Nursing and Health Sciences Department comprises four programs:
Registered Nursing, Vocational Nursing, Emergency Medical Technician
(EMT), and Certified Nursing Assistant. Lab instruction assistants are
required to meet Board of Registered Nursing (BRN) requirements for
specific student-to-certified-instructor ratios. Assignment runs June 22 –
December 18, 2010:
49. Ashley Lauren McDermott, $30/hr (35 hrs/week), lab instruction assistant
for CPR course.
g. Supplemental Instruction (SI) is a peer-led academic support program that
helps students enrolled in certain historically challenging courses. SI leaders
in the Tutorial Center facilitate student learning through out-of-class
discussion and study skills support. The grant-funded summer program runs
June 17 – July 31, 2009:
AGENDA ITEM FOR BOARD MEETING OF: August 11, 2009
50. Pyeongsug Kim, $12.75/hr (35 hrs/week), SI leader, Biology.
51. Monica Elaine Roth, $12.75/hr (35 hrs/week), SI leader, Biology.
G. Ratify appointment of student workers for summer session 2009:
1. Norma Armenta, Child Development Center, Student Worker I
2. Isidro Arroyo, Developmental Education, Student Worker II
3. Maria Andrade, EOPS, Student Worker II
4. Samantha Barnthouse, Developmental Education, Student Worker II
5. Christan Bravo, EOPS, Student Worker II
6. Isaac Benavidez, Developmental Education, Student Worker I
7. Elida Campos, Child Development Center, Student Worker II
8. Hiuman Chan, Developmental Education, Student Worker II
9. David Collins, EOPS, Student Worker II
10. Jean Dankenbring, Developmental Education, Student Worker II
11. Joshua Ferroni, MESA, Student Worker I
12. Jose Flores, MESA, Student Worker IV
13. Brandon Foster, Information Systems, Student Worker III
14. Timothy Fuller, MESA, Student Worker IV
15. Nancy Galindo, Developmental Education, Student Worker II
16. Rita Garcia, Developmental Education, Student Worker I
17. Vivianna Garcia, Admissions & Records, Student Worker I
18. Maria Guerrero, HEP, Student Worker II
19. Galdino Guijosa, Information Systems, Student Worker III
20. Christopher Halcon, MESA, Student Worker IV
21. Leidy Hernandez, Library, Student Worker I
22. Leidy Hernandez, Developmental Education, Student Worker II
23. Salvador Hernandez, Developmental Education, Student Worker II
24. Salvador Hernandez, East Salinas GEAR Up, Student Worker III
25. Erin Jones, MESA, Student Worker IV
26. Miriam Juarez, Admissions & Records, Student Worker I
AGENDA ITEM FOR BOARD MEETING OF: August 11, 2009
27. Monica Lara, Child Development Center, Student Worker I
28. Pedro Lara, Cafeteria, Student Worker I
29. Juan Ledesma, MESA, Student Worker IV
30. Timothy Lincoln, MESA, Student Worker IV
31. Hilario Lopez, Career & Economic Development, Student Worker I
32. Robert Luna, Information Systems, Student Worker III
33. Christina Marquez, Admissions & Records, Student Worker I
34. Christina Marquez, Child Development Center, Student Worker I
35. Marlene Marquez, Child Development Center, Student Worker I
36. Maritza Martin, East Salinas GEAR Up, Student Worker III
37. Stacy Mauzey, MESA, Student Worker IV
38. Florence McAtee, Student Services, Student Worker II
39. April Medina, MESA, Student Worker IV
40. Yesenia Mendez, Developmental Education, Student Worker II
41. Jorge Mendoza, MESA, Student Worker IV
42. Vanessa Montano, TRIO, Student Worker I
43. Masay Nakamura, Art, Student Worker I
44. Monica Navarro, Cafeteria, Student Worker I
45. Dinhtruong Nguyenduong, Information Systems, Student Worker III
46. Federico Pacheco, Developmental Education, Student Worker I
47. Diana Palacios, Construction Technology, Student Worker III
48. Ankit Patel, Developmental Education, Student Worker II
49. Mihir Patel, Developmental Education, Student Worker II
50. Mrugesh Patel, Developmental Education, Student Worker II
51. Nancy Pinedo, Developmental Education, Student Worker II
52. Andrew Pfeiffer, Information Systems, Student Worker III
53. Brenda Powers, MESA, Student Worker IV
54. Jose Quezada, MESA, Student Worker IV
55. Sarah Reitmayer, Developmental Education, Student Worker III
AGENDA ITEM FOR BOARD MEETING OF: August 11, 2009
56. Kyle Ritchie, Library, Student Worker I
57. Rodrigo Sanchez, MESA, Student Worker IV
58. Christine Savala, East Salinas GEAR Up, Student Worker III
59. Christina Savala, Developmental Education, Student Worker III
60. Riqui Schwamm, MESA, Student Worker IV
61. Erica Soler, Child Development Center, Student Worker I
62. Natasha Sinkler, MESA, Student Worker IV
63. Christopher Smith, DSP&S, Student Worker III
64. Tiffany Tachibana, MESA, Student Worker IV
65. Jacquie Tortolani, MESA, Student Worker IV
66. Anabel Trujillo, EOPS, Student Worker II
67. Jose Valiente, Library, Student Worker I
68. Esther Vargas, Developmental Education, Student Worker I
69. Mayra Verduzco, EOPS, Student Worker II
70. Sarah Weaghington, Information Systems, Student Worker IV
V. Special projects and stipends
A. Ratify special project agreement payments:
a. Summer Readiness Program was a three-week summer program supported by
a grant to the Career and Economic Development area for youth from 16 to 24
years of age to help prepare them for careers and further study in construction,
agriculture, and health services. The grant-funded, special project agreements,
compensated faculty for curriculum development prior to the start of the
program or instruction during all or part of the program, June 1 –July 2, 2009:
1. John Anderson, $1,100, instructor.
2. Martha Pantoja, $1,800, instructor.
3. Daniel Perez, $1,900, instructor.
4. Elizabeth Ramirez, $700, curriculum development.
5. Barbara Ristrim, $1,900, instructor.
6. Hermelinda Rocha-Tabera, $500, curriculum development.
7. Aron Szamos, $700, curriculum development.
8. Steven Triano, $1,024, instructor.
AGENDA ITEM FOR BOARD MEETING OF: August 11, 2009
9. Janeen Whitmore, $1,800, instructor.
b. To address accreditation issues regarding curriculum, curriculum leaders were
established to assist instructors with creating and revising curriculum and in
using CurricUNET, to review and to advise on curriculum prior to moving it
through CurricUNET’s flow process, and to participate in pre-curriculum
meetings and the Catalog Committee. These assignments are for the spring
semester, January 26 – June 4, 2009:
10. Carl Christensen, $3,315, curriculum leader.
11. Jeff Hughey, $3,315, curriculum leader.
12. Carol Kimbrough, $3,315, curriculum leader.
13. Melissa Stave, $3,315, curriculum leader.
c. The Assisting Computer Engineering Computer Science Electrical
Engineering Student Success (ACCESS) Program was established to increase
the number of underrepresented students in biomedical research through the
UCSC Summer Research Institute (SRI), to increase transfer rates of, and to
serve as a bridge to, underrepresented students from Hartnell to four-year
colleges. These grant-funded faculty projects ran from August 18, 2008 – June
6, 2009:
14. Alex Edens, $1,000, ACCESS instructor.
15. Susan Hovde, $1,000, ACCESS instructor.
16. Lawrence Yee, $1,000, ACCESS instructor.
d. The Science, Technology, Engineering and Math (STEM) Internship
Preparation Course is funded by the CCRAA grant at CSUMB:
17. Alex Edens, $300, to participate in the STEM Internship Preparation
Course Instructional Activity, April 21, 28 & May 5, 2009.
18. Pimol Moth, $300, to participate in the STEM Internship Preparation
Course Instructional Activity, April 14, 15 & May 12, 2009.
e. These special projects are as described below:
19. Williams Jones, $47.86/hr (not to exceed $1,914.40), skills lab assistant in
nursing learning lab, providing instructor and student support for clinical
nursing practice during certification process hours, May 19 – June 4,
2009.
20. Jerri Nemiro, $1,500, to develop a digital media faculty support program
including one pilot project, January 26 – June 30, 2009, grant funded.
21. Barbara Durham, $64.21/hr for 6 hours (total $385.26), to instruct the
National Council Licensure Examination (NCLEX) Review Course for
LVN students, June 9 – 11, 2009.
AGENDA ITEM FOR BOARD MEETING OF: August 11, 2009
22. Mary Young-Breuleux, $64.21/hr for 15 hours (total $963.15), to
coordinate, prepare and instruct the NCLEX Review Course for LVN
students, June 5 - 11, 2009.
23. Mary Young-Breuleux, $64.21/hr for 65 hours (total $4,173.65), to
coordinate clinical placements for LVN and RN students, June 5 - August
14, 2009.
Budget Implications:
Funds for the above personnel actions are included in the 2008/09 and tentative 2009/10
Budget.
AGENDA ITEM FOR BOARD MEETING OF:
Title:
August 11, 2009
Number:
Amend 2009-2010 Academic Calendar
V. K.
Area:
Status:
Superintendent/President
Prepared by: Dr. Phoebe Helm
Consent Action
Recommendation:
That the Board of Trustees amends the previously approved 2009-2010 Academic Calendar to
observe Lincoln’s Holiday on February 12, 2010 (instead of February 5th) as mandated by the
State.
Summary:
The college was recently notified by the Chancellor’s Office that the 2010 legal holiday for
Lincoln’s Holiday will be observed February 12, 2010, instead of February 5, 2010 as
included in the academic calendar initially adopted by the Board. The unions have been
notified of this change.
Budget Implications:
None
HARTNELL COLLEGE
2009-2010 ACADEMIC CALENDAR
S
M
5 6
12 13
19 20
26 27
S
2
9
16
23
30
S
M
3
10
17
24
31
JULY 2009
T W TH
1
2
7
8
9
14 15 16
21 22 23
28 29 30
AUGUST 2009
T W TH
4
5
6
11 12 13
18 19 20
25 26 27
F
3
10
17
24
31
S
4
11
18
25
F
7
14
21
28
S
1
8
15
22
29
SEPTEMBER 2009
T W TH F
1
2
3
4
8
9 10 11
15 16 17 18
22 23 24 25
29 30
OCTOBER 2009
M T W TH F
1
2
5
6
7
8
9
12 13 14 15 16
19 20 21 22 23
26 27 28 29 30
NOVEMBER 2009
M T W TH F
2
3
4
5
6
9 10 11 12 13
16 17 18 19 20
23 24 25 26 27
30
DECEMBER 2009
M T W TH F
1
2
3
4
7
8
9 10 11
14* 15* 16* 17* 18*
21 22 23 24 25
28 29 30 31
JANUARY 2010
M T W TH F
1
4
5
6
7
8
11 12 13 14 15
18 19 20 21 22
25 26 27 28 29
M
6 7
13 14
20 21
27 28
S
5
12
19
26
S
S
3
10
17
24
31
4
11
18
25
S
1
8
15
22
29
S
6
13
20
27
S
3
10
17
24
31
OPENING DAY HOLIDAY
FLEX DAY S
7
14
21
28
S
5
12*
19
26
S
2
9
16
23
30
FEBRUARY 2010
M T W TH F
S
1 2 3 4
6
5
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28
MARCH 2010
S M T W TH F
S
1 2 3 4
5
6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31 APRIL 2010
S M T W TH F
S
1
2
3
4 5 6 7 8
9
10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30
MAY 2010
S M T W TH F
S
1
2 3 4 5 6
7
8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
26* 27
27* 28
28* 29
29*
23 24 25 26
30 31
JUNE 2010
S M T W TH F
S
1* 2* 3
4
5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 JULY 2010
S M T W TH F
S
1
2
3
4 5 6 7 8
9
10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
AUGUST 2010
S M T W TH F
S
1 2 3 4 5
6
7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31 S
JULY 2009
3 ‐ OBSERVE 4TH OF JULY 4 ‐ NO SATURDAY CLASSES
31 ‐ END OF SIX WEEK SUMMER SESSION
AUGUST 2009
17 ‐ FALL SEMESTER 2009 BEGINS
SEPTEMBER 2009
7 ‐ LABOR DAY HOLIDAY
OCTOBER 2009
16 ‐ FLEX DAY ‐ NO CLASSES IN SESSION
NOVEMBER 2009
13 ‐ VETERAN'S DAY OBSERVED
14 ‐ NO SATURDAY CLASSES
25 ‐ NO EVENING CLASSES HELD ‐ 4:30 PM OR LATER
26 , 27 ‐ THANKSGIVING HOLIDAY 28 ‐ NO SATURDAY CLASSES DECEMBER 2009
12 ‐ SATURDAY FINALS 14, 15, 16, 17, 18 ‐ DAY AND EVENING FINALS
18 ‐ FALL SEMESTER ENDS
25 ‐ CHRISTMAS OBSERVANCE
JANUARY 2010
1 ‐ NEW YEAR'S DAY
18 ‐ MARTIN LUTHER KING JR. HOLIDAY 21, 22 ‐ FLEX DAYS 25 SPRING SEMESTER 2010 BEGINS
25 ‐ SPRING SEMESTER 2010 BEGINS
FEBRUARY 2010
12 ‐ LINCOLN'S DAY OBSERVED
13 ‐ NO SATURDAY CLASSES 15 ‐ WASHINGTON'S DAY HOLIDAY MARCH 2010
29, 30, 31 ‐ SPRING RECESS
31 ‐ CESAR CHAVEZ HOLIDAY APRIL 2010
1, 2 ‐ SPRING RECESS
3 ‐ NO SATURDAY CLASSES
MAY 2010
24 ‐ MONDAY EVENING FINALS
26, 27, 28 ‐ DAY AND EVENING FINALS (W,Th,F)
29 ‐ SATURDAY FINALS
31 ‐ MEMORIAL HOLIDAY
JUNE 2010
1 ‐ DAY AND EVENING FINALS (Tues)
2 ‐ DAY FINALS (Mon)
2 ‐ COMMENCEMENT‐SEMESTER ENDS
21 ‐ SUMMER SESSION 2010 BEGINS
NO CLASSES IN SESSION
* DAY FINALS
EVENING FINALS ADOPTED BY BOARD OF TRUSTEES: 12/4/2007
REVISED AND ADOPTED BY THE BOARD: 5 FLEX DAYS (3 DISTRICT; 2 INDIVIDUAL)
85 FALL INSTRUCTIONAL DAYS 85 SPRING INSTRUCTIONAL DAYS
175 TOTAL DAYS ACTION ITEMS
AGENDA ITEM FOR BOARD MEETING OF:
Title:
Ratify Budget Revisions
August 11, 2009
Number:
VI. A.
Area:
Office of Support Operations
Supplement OSO-2
Prepared by: Barbara Yesnosky
Status:
Action (Roll Call Vote)
Recommendation :
That the Board of Trustees ratifies Budget Revisions for FY 08-09 and FY 09-10 numbered
8409 to 8448.
Summary:
The adopted budget each year represents the 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 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 the accounting software.
Budget Implications:
The Unrestricted General Fund budget remains unchanged.
The Restricted General Fund budget remains unchanged.
AGENDA ITEM FOR BOARD MEETING OF:
August 11, 2009
Title:
Review and Accept Quarterly Financial
Status Report (CCFS-311Q) for
June 30, 2009
Number:
Area:
Office of Support Operations
Supplement OSO-4
Prepared by: Barbara Yesnosky
Status:
Action (Roll-call)
VI. B.
Recommendation:
That the Board of Trustees reviews and accepts the Quarterly Financial Status Report (CCFS311Q) for the period ended June 30, 2009.
Summary:
AB 2910, Chapter 1486, Statutes of 1986, require California community college districts to
report on their financial condition on a quarterly basis. Accordingly, the District must submit
the attached Quarterly Financial Status Report (Form CCFS-311Q) to the Chancellor’s Office.
The County Superintendent of Schools receives an information copy.
In summary, this quarterly report indicates that the District is solvent and that no unusual
financial matters arose during the quarter.
Budget Implications:
None.
AGENDA ITEM FOR BOARD MEETING OF: August 11, 2009
Title:
Adopt Resolution No. 09:18, Certifying the
Authorization of Designated Personnel to Sign
Contract Documents
Area:
Career and Economic Development
Child Development Center
Prepared by: Dr. Ignacio Pando
Number:
VI. C.
Status:
Action (Roll Call)
Recommendation:
That the Board of Trustees adopts Resolution No. 09:18, certifying the authorization of
designated personnel to sign contract documents with the Department of Education for the
Hartnell College State Preschool Child Development Center.
Summary:
This Resolution certifies that specific individuals are designated to sign the contract and must
be adopted in order to enter into this transaction with the California Department of Education.
Budget Implications:
None
AGENDA ITEM FOR BOARD MEETING OF:
Title:
August 11, 2009
Number:
Approve Discontinuance of the Animal
Health Technology (AHT) Program
IV. D.
Area:
Status:
Superintendent/President
Action
Prepared by: Dr. Phoebe Helm
Reconsideration Request: At the July meeting, members of the Board requested that the
decision to discontinue the AHT Program, that was made at the regular meeting of June 8,
2009, be placed on the agenda for reconsideration.
First, the Board will need to vote to reconsider the action taken June 8, 2009. If that motion
passes, then a motion to discontinue the program can be made.
Recommendation:
The administration recommends that the Board of Trustees approve the discontinuance of the
Animal Health Technology Program (AHT) and that students who have been admitted and
continuously and successfully enrolled (approximately 17) be provided an educational plan to
enable them to complete the program requirements on or before August 2010.
Summary:
The Discontinuance Committee at Hartnell College composed of one student, two faculty, two
administrators and chaired by Associate Vice President, Academic Affairs, unanimously
recommended discontinuance of the Animal Health Technology Program, an Occupational
Education Program.
Their recommendation was based on the following data:
Labor Market Demand – Labor Market Report on Animal Health Technology for Hartnell
College prepared by the Chancellors Office Center of Excellence, May 2009.
Jobs – There are 112 veterinarian technician jobs in Monterey County today and it is
anticipated that there will be 46 job openings in the next five years (Table 5, Page 9). Twentytwo of the 46 job openings are in the Hartnell College service area (Table 4).
Wages – Median hourly wage for individuals trained as vet techs range from $12.16 (entry) to
$22.29 (seasoned) as compared to veterinarian assistant (untrained) whose wages range from
$9.48 hourly (entry) to $21.57. Thus, two to three years of training results in a wage gain of
less than one dollar per hour and is substantially below living wage ($22.55) for Monterey
County.
Employment Placement Rate – Twenty-four (24) students have graduated from the AHT
Program since 2004. Of the nine who were able to be reached, two work in the Valley, four
work outside of the Valley, and three left the AHT field (see AHT graduates 2004-2008
Interview findings).
Number Degrees Awarded – Twenty-four (24) students have graduated since 2004 (five, eight,
seven, and four respectively). Five students should have graduated by June, 2009, one of the
five finished. One can finish by December 2009, three by June 2010 and another 12 could
finish by August 2010 (individual educational plans will be designed for each student for this
time period.) Also it should be noted that these 17 students would likely meet and exceed labor
market demand (up to 22 job openings) for the next five years.
Other Measures to be Considered – The AHT Program is not an open admissions program; it is
an occupational program that requires that students apply for admission to the program (similar
to Nursing). The courses in the AHT Program do not prepare students for entry into Schools
of Veterinarian Sciences. An Associate of Science in Biology is the more appropriate pathway
to becoming a veterinarian. Thus, the AHT courses at Hartnell College do not have application
beyond animal health technology.
The Discontinuance Process was developed by the Statewide Academic Senate and adopted at
Hartnell College in 2001. The AHT Program was last reviewed in 2006.
Resources Available – In addition to the costs of full and part time faculty and in the AHT
Program, there are costs associated with program coordination, housing, food, and medicine for
the animal, as well equipment and supplies. Federal (VTEA) funds are restricted for highskilled/ high wages and thus cannot be spent on the low wage AHT Program. College supplies
are insufficient to support the program. Additionally, to remain accredited the college will be
required to hire a full time veterinarian. Given the need to cut the budget (primarily personnel
and benefits) by $3.3 million for 2009-2010, it is prudent to discontinue the AHT Program.
Budget Implications:
Reduction of cost to the general fund of approximately $400,000 in 2010-2011.
INFORMATION ITEMS
AGENDA ITEM FOR BOARD MEETING OF:
Title:
August 11, 2009
Number:
Administrative Reductions 2007-2010
VII. C.1
Area:
Status:
Superintendent/President
Prepared by: Dr. Phoebe Helm
Information
Summary:
Hartnell College has reduced and held vacant a number of administrative positions
beginning in January 2008. Eight positions were held vacant in Spring 2008 with a salary
savings of $684,922. In addition, the college was reorganized effective July 2008 and a
total of nine positions were either eliminated or held vacant for a savings 1,033,704. In
2009-10, six positions are being eliminated or frozen for a savings of $834,088. This
includes salary plus 30% for fringe benefits for each of the years. The combined savings
over 2.5 years is in excess of $2,552,714. In reality, the cumulative savings are greater than
this because the vacancies are carried over from year to year. So, if you are comparing the
2009-10 administrative positions to those in 2006-07, the savings would exceed $2.5
million.
Budget Implications:
As stated above.
HARTNELL COMMUNITY COLLEGE DISTRICT Reduction in Adminstrative Positions 2007‐2010
Eliminated Positions 2007‐2008
Vice President, Administrative Services
Vice President, Student Services
Dean, Math, Science, Nursing, and Animal Health Technology Dean, Fine Arts, Language Arts, Social Science
Dean, Workforce and Community Development
Director, Medical Laboratory Technician
Director, Campus Safety
Director, Academic Learning Center Total Eliminated Positions 2007‐2008
$92,143
$78,820
$57,939
$64,883
$152,152
$76,739
$47,450
$114,795
$684,921
Eliminated Positions 2008‐2009
Vice President, Instruction Dean, Occupational Education Director, Maintenance, Facilities, and Facilities Planning
Director, Purchasing
Director, Institutional Research and Planning
Director, Grant Development, International Education, and Policy
Coordinator, International/Intercultural Education Program
Director, Counseling, Matriculation, Transfer, Re‐Entry Programs
Marketing Supervisor (Frozen)
Total Eliminated Positions 2008‐2009 $171,972
$145,791
$132,733
$106,642
$139,303
$132,733
$106,642
$5,531
$92,359
$1,033,706
Eliminated or Frozen Positions 2009‐2010 Associate Vice President, Career and Economic Development
Dean, Physical Education and Athletics Director, Financial Aid
Reprographics Supervisor
Executive Vice President Network Supervisor Total Eliminated/Frozen Positions 2009‐2010
$168,929
$148,067
$97,755
$73,168
$232,691
$113,478
$834,088
TOTAL
*Includes salary plus 30% for fringe benefits for 23 positions 8/7/2009
$2,552,715
FUTURE AGENDA ITEMS
ADJOURNMENT