MEETING OF THE EXTERNAL RELATIONS COMMITTEE OF THE BOARD OF TRUSTEES HOUSTON COMMUNITY COLLEGE November 8, 2012 Minutes The External Relations Committee of the Board of Trustees of Houston Community College held a meeting on Thursday, November 8, 2012 at the HCC Administration Building, 3100 Main, 2nd Floor, Seminar Room A, Houston, Texas. COMMITTEE MEMBERS PRESENT Sandie Mullins, Committee Chair Carroll G. Robinson, Committee Member Neeta Sane, Committee Member Mary Ann Perez, Alternate Committee Member Bruce A. Austin Yolanda Navarro Flores Eva Loredo Richard Schechter ADMINISTRATION Mary S. Spangler, Chancellor Art Tyler, Deputy Chancellor/COO Renee Byas, General Counsel Shantay Grays, Chief of Staff William Carter, Vice Chancellor, Information Technology Charles Cook, Vice Chancellor, Instruction Diana Pino, Vice Chancellor, Student Success Margaret Ford Fisher, President, Northeast College Fena Garza, President, Southwest College William Harmon, President, Central College Zachary Hodges, President, Northwest College Irene Porcarello, President, Southeast College Betty Young, President, Coleman College Willie Williams, Jr., Chief Human Resources Officer Remmele Young, Executive Director Government Relations and Sustainability OTHERS PRESENT Jarvis Hollingsworth, System Counsel, Bracewell & Giuliani Tod Bisch, President, Faculty Senate James Walker, President, COPA Other administrators, citizens and representatives from the news media Houston Community College External Relations Committee – November 8, 2012 - Page 2 CALL TO ORDER Ms. Mullins, Chair called the meeting to order at 3:02 p.m. and declared the Committee convened to consider matters pertaining to Houston Community College as listed on the duly posted Meeting Notice. BOARD EXPENDITURE REPORT FOR FISCAL YEAR 2011-2012 Motion – Mr. Robinson moved and Mrs. Sane seconded. Mr. Robinson inquired if he could make an amendment to the item. Mrs. Sane apprised that she would like to hear an overview before amendments are made. (Mr. Robinson stepped out at 3:04 p.m.) Mr. Remmele Young presented the recommendation for the Chancellor to negotiate a contract with Locke Lord Bissell Lord for state consulting services and Van Scoyoc Associates for federal consulting. Ms. Mullins inquired why there are no subcontractors (subs) for small business component of Van Scoyoc Associates. Mr. Young advised that the firm has consented to work with any subs recommended by the Board. Dr. Tyler apprised that a process has been identified for the sub-contract selection. Dr. Tyler noted that the one caution that he would make is that the college may not want to accept the liability for recommending the sub-prime. Mr. Hollingsworth apprised that in general the Board does not get involved in selecting the sub-prime. He informed that the vendor may often times ask if there is a recommendation regarding the sub-prime. Mr. Hollingsworth recommended that the Board not be involved in the process of recommending. Mr. Rogelio Anasagasti noted that the federal recommended vendor has informed that they are self-performing and do not intend to hire sub-contractors and that they have from a general business perspective sub-contracted previously. Mr. Hollingsworth recommended that administration instruct the vendor selected to conduct their own independent process in selecting the sub-prime contractor. Mr. Robinson apprised that his comments relate to a go forward bases. He noted that there should be points for small business joint ventures. He informed that the Board agreed to strengthen the small business program. He apprised that he would yield to the recommendation. Ms. Mullins noted that she was concerned that the recommended vendor stated that they did not have a small business component. Houston Community College External Relations Committee – November 8, 2012 - Page 3 Mr. Hollingsworth informed that if administration has a list of small businesses that could be provided to the vendor, they could do so. Mr. Austin recommended that administration and the Board not get involved in the process. Amended Motion - Mr. Robinson moved to amend to recommend the first four federal teams, top state firm and top combined firm. Mrs. Sane seconded for discussion purposes. Mr. Robinson noted that counsel could opine if it is a legal action. Mr. Hollingsworth apprised that the amendment is allowable. Ms. Mullins informed that the concern is that the college would spread itself too thin as it relates to the budget for the item. Mr. Robinson apprised at the federal level, the window closes in 18 months regarding appropriations and stimulus. He noted that there could not be one firm covering all areas of the federal picture in Washington D.C especially regarding workforce funding. (Mr. Schechter arrived at 3:17 p.m.) Mr. Austin apprised that he has previously mentioned that the approach regarding the federal funding taken by the college is not the best approach. He noted that the utilization of the catalog provides the opportunity to review various federal funding available. He informed that the college has a natural setting for receiving many of the grant funds available because of its diversity. Mr. Robinson recommended splitting the contract as follows: • Firm for congress (House and Senate) • Firm for White House • Federal agencies • Specialized association agencies Mr. Schechter inquired if there are any other community colleges with six lobbyists. Ms. Perez inquired of the amount in grant funds received last year. Dr. Spangler apprised that approximately $30 million was received; the lobbyists do not actually secure the grants. Mr. Robinson acknowledged that he was informed that most of the grants are faculty generated. Dr. Tyler informed that the Chancellor has initiated the reorganization of the grant area. He apprised that the grant writing is separate. Ms. Sane informed that she has some legal questions that may need to be discussed in closed session. Houston Community College External Relations Committee – November 8, 2012 - Page 4 Mr. Austin inquired who has completed an analysis regarding the connection between the initiatives of the new federal administration and HCC initiatives. (Ms. Loredo joined the meeting at 3:28 p.m.) Mr. Young noted that from a policy perspective there is alignment with federal. He apprised that there are some areas that are unique to the college. Dr. Cook informed that there is contact with private foundations as well regarding the alignment of the college’s strategic plan with the initiative of the various agencies. (Mr. Robinson left at 3:32 p.m.) Mr. Austin apprised that there has to be a better effort at coordinating the lobbying efforts. He noted that community colleges do two important things that include getting skill workers ready and training companies. (Mr. Robinson returned at 3:34 p.m.) Mr. Austin noted that there is no development of collaboration and strategic partnerships. ADJOURNED TO CLOSED SESSION Ms. Mullins adjourned the meeting to Executive Session at 3:35 p.m., notice having previously been given and reiterated in accordance with Sections 551.071, 551.072, and/or 551.074 of the Open Meetings Law. Ms. Perez stated that any final action, vote or decision on any item discussed in Executive Session would be taken up in Open Session or in a subsequent Public Meeting. Ms. Mullins reconvened the meeting in Open Session at 4:08 p.m. and entertained motions on pending matters. (Present: Trustees Austin, Flores, Loredo, Mullins, Oliver, Robinson, Sane, and Schechter) Vote on Amendment – The motion failed with a vote of 1-2 with Trustees Mullins and Sane opposing. Amendment - Mr. Robinson moved to send to administration the top federal, state, and combined firm. Mrs. Sane seconded for discussion purposes. Ms. Mullins inquired of the reasoning for the recommendation. Mr. Robinson apprised that the expertise is needed. Mr. Schechter inquired if this is a three year contract. Mr. Robinson apprised that he would leave that up to the administration. He recommended that the contract should be on a calendar year. Houston Community College External Relations Committee – November 8, 2012 - Page 5 Mr. Hollingsworth clarified that the amendment was the top firm in each category and two year contract with the option to renew. Mr. Hollingsworth informed that the first amendment recommended four firms for the federal; however, the second amendment recommends one firm from each category. Mr. Robinson apprised that he is just adding one firm to the category, which is to add the top combined firm. Mrs. Sane inquired of financial impact with adding a third firm. Dr. Tyler noted that administration is unable to determine the cost without the going through the negotiation process. Ms. Mullins informed that the material notes the term of three years; however, the discussion is two years. Mr. Hollingsworth referred to the amendment on the floor, which states two year contract with an option to renew. Mr. Robinson apprised that upon arrival, he was informed that the negotiation is not done at the table because it lessens the negotiation efforts. He noted that he has not seen a contract came back to the Board with the contract amount subsequent to negotiation. Mrs. Sane informed that the fiscal impact notes an amount and noted that she would like to receive a range. Mr. Robinson apprised that he recommends a cap the amount at a maximum of $350,000 on negotiation with the firms recommended. Mr. Oliver noted that a policy on negotiation should not be initiated at the Board table. (Mr. Robinson stepped out at 4:20 p.m.) Mr. Oliver asked for clarification if the recommendation is one federal, state, and combined. Ms. Mullins informed that the recommendation was one firm from each category. Mr. Oliver inquired as why there is a combined category. Mr. Young apprised that the reason was to give the Board the opportunity to see the evaluation with the firms possibly providing the greatest value to the college by selecting one firm. Mr. Oliver inquired if a firm could be identified to provide the best services as a combined firm was the reason for including the combined category. Ms. Sane inquired as to what other community colleges are doing. (Mr. Oliver stepped out at 4:24 p.m.) Mrs. Sane noted that some figures should be available as to what others are doing. She asked why is there a need to have a combined category as well as the time frame for Houston Community College External Relations Committee – November 8, 2012 - Page 6 approving. She apprised that the state contract needs to be approved; however, the federal and combined may be able to wait. Mrs. Flores inquired if price discussion should be a confidential matter between the vendor and administration. She noted that it gives the notion of providing a price prior to negotiation. Mr. Hollingsworth informed that it is something that is not discussed at the table. Mrs. Flores apprised that the process normally allows administration to negotiate the price. Mr. Hollingsworth noted that these are professional services and that as long as the price is reasonable for the general area, then the Board does not need to review the price. (Mr. Robinson returned at 4:28 p.m.) Mrs. Sane restated that the inquiries included what other community colleges are doing and the urgency of approving the federal and combined categories. Mr. Young apprised that with regards to state government relations, the state session begins on January 8, 2013. He noted that the recommendation from administration is to have someone on board for the state prior to the opening session. He informed that with regards to the federal side, there is time to consider at a later date. Mrs. Sane inquired if the college is required to engage the federal or combined at the time. Mr. Young apprised that he does not believe there is a requirement. Mr. Robinson noted that there was a set of counsel rules and noted that this is the second time he has been advised that he is not allowed to bring an amendment on the day of the meeting. Mr. Austin informed that the amendment is on the floor and it needs to be addressed. Mr. Schechter apprised that the comments from Mrs. Sane are that she is willing to consider the state recommendation and wait on the federal and combined category. Mr. Robinson noted that he has a problem with the federal and state firms. Mr. Young informed that his concern with the term on the calendar year was regarding the need for consultants to engage throughout entire state and federal sessions. Vote on Amendment – The vote failed with a vote of 1-2 with Trustees Mullins and Sane opposing. Amendment – Mr. Robinson moved to divide the action and vote on the state and federal separately. Mrs. Sane seconded for discussion purposes. (Mrs. Flores stepped out at 4:42 p.m.) Mr. Robinson noted that he will be voting against the federal firm because they do not have small business participation. Houston Community College External Relations Committee – November 8, 2012 - Page 7 Ms. Mullins inquired if part of the ranking on the federal item was to include small business participation. Mr. Anasagasti noted that the small business was on best effort and that they self-perform at the federal level. (Mrs. Flores returned at 4:43 p.m.) Mrs. Sane asked that administration inform if due diligence has been completed regarding the evaluation of the firms. Dr. Spangler and Dr. Tyler stated yes. (Mr. Robinson stepped out at 4:45 p.m. and returned at 4:45 p.m.) Dr. Tyler noted that not having small business participation does not disqualify the firm. Vote on Amendment – The motion passed with a vote of 2-1 with Mrs. Sane opposing. Motion – Mr. Robinson moved to approve the state firm recommended for two year term. Ms. Mullins seconded. The motion passed with vote of 3-0. Motion - Mr. Robinson moved adjournment. The motion failed for a lack of a seconded. Motion – Ms. Mullins moved to approve the federal for a two year term. Mrs. Sane seconded. The motion passed with a vote of 2-1 with Mr. Robinson opposing. ADJOURNMENT The meeting adjourned at 4:52 p.m. Minutes Approved: December 13, 2012