Board of Regents Meeting

Transcription

Board of Regents Meeting
May 7, 2007
May 4, 2007
NOTICE OF MEETING
BOARD OF REGENTS
SAN JACINTO COMMUNITY COLLEGE DISTRICT
The Board of Regents of the San Jacinto Community College District will meet at 6:30 p.m.,
Monday, May 7, 2007, in Room 201 of the Thomas S. Sewell District Administration
Building, 4624 Fairmont Parkway, Pasadena, Texas.
William H. Lindemann, Jr., Chancellor
AGENDA
I.
Dinner
II.
Special Board Meeting May 21, 2007
III.
General Discussion by the Chancellor
May 4, 2007
NOTICE OF MEETING
BOARD OF REGENTS
The Board of Regents of the San Jacinto Community College District will meet at 7:00 p.m.,
Monday, May 7, 2007, in Room 104 of the Thomas S. Sewell District Administration
Building, 4624 Fairmont Parkway, Pasadena, Texas.
William H. Lindemann, Jr., Chancellor
BOARD MEETING
AGENDA
I.
Call the meeting to order/certify posting notice
II.
Invocation and Pledge to the Flag
III.
Special Announcements, Recognitions and/or Presentations
North Campus student named Kodak/WBCA All American
Dr. Charles Grant
Shawn Silman named Co-Coach of the Year in Region XIV
Dr. Charles Grant
Tom Arrington named Coach of the Year for Region XIV
Dr. Charles Grant
IV.
Communications to the Board of Regents
V.
Hearing of such citizens or groups of citizens desiring to be heard before
the Board
VI.
Informative reports to the Board
A.
Resource Development Report on Gifts and Grants
B.
Financial Statement and Current Expenditures
ACTION ITEMS
VII.
Approval of Honoraria
Page 2/Notice of Meeting/May 7, 2007
VIII.
Approval of an Amendment to the 2006-2007 Budget
IX.
Approval of Order Authorizing the Issuance of San Jacinto Community
College District Limited Tax General Obligation Building and Refunding
Bonds, Series, 2007; Authorizing the Redemption Prior to Maturity of
Certain Outstanding Bonds and the Execution and Delivery of an Escrow
Agreement and the Subscription for and Purchase of Escrowed Securities;
and Containing Other Matters Related Thereto
X.
Consideration of Settlement Agreement Regarding an Asserted Claim
XI.
Approval of a Date for the Runoff Election, if necessary, for the
May 12, 2007, San Jacinto Community College District Board of
Regents/Trustees Election for Position Number Four (4)
CONSENT AGENDA
(Any item placed on the consent agenda shall be removed and taken up as a
separate matter, if so requested by any member of the Board, otherwise all items
will be voted on with one (1) motion.)
A.
Approval of the Minutes for April 2, 2007, Regular Board Meeting
FINANCIAL
B.
Approval of the Budget Adjustments
PERSONNEL
C. Approval of Personnel Recommendations
D. Approval of Faculty Contracts
MISCELLANEOUS
E. Approval of the Affiliation Agreements
F. Next Regularly Scheduled Meeting
June 4, 2007
XII.
Items for Discussion/Possible Action (continued)
(Items removed from the Consent Agenda, will be considered at this time)
Reports From Board Committees (when applicable)
XIII.
Consideration of Bids
XIV.
Strategic Issues Discussion
Page 3/Notice of Meeting/May 7, 2007
XV.
Adjournment to Closed or Executive Session Pursuant to Sections 551.071
to 551.084 of Chapter 551, the Open Meetings Act, Texas Government
Code.
XVI.
Reconvene in Open Meeting for Consideration of Items Discussed in
Closed Session
XVII. Adjournment
San Jacinto College Foundation
Financial Statements
March 31, 2007
-1-
• Balance Sheet – March 31, 2007
• Revenue & Expenses - Year to Date
• Monthly Contribution
-2-
Balance Sheet – March 31, 2007
-3-
Balance Sheet Condensed
As of March 31, 2007
Mar 31, 07
ASSETS
Current Assets
Checking/Savings
General Fund
Funds
Total Checking/Savings
Accounts Receivable
Special Events Receivables
Scholarship Receivables
Allowance
Discounts
Total Accounts Receivable
Other Current Assets
Common Fund
Total Other Current Assets
Total Current Assets
TOTAL ASSETS
LIABILITIES & EQUITY
Liabilities
Current Liabilities
Accounts Payable
Event Payable
Scholarships Payable
Grants Payable
Programs Payable
Total Accounts Payable
Total Current Liabilities
Total Liabilities
Equity
3900 · Retained Earnings
Net Assets
Net Income
Total Equity
TOTAL LIABILITIES & EQUITY
621,035.37
0.00
621,035.37
7,165.00
18,545.00
-3,428.00
-199.00
22,083.00
3,609,564.58
3,609,564.58
4,252,682.95
4,252,682.95
11,323.45
94,304.04
4,236.49
1,880.06
111,744.04
111,744.04
111,744.04
318,029.58
3,523,805.12
299,104.21
4,140,938.91
4,252,682.95
-4-
Revenue & Expenses - Year to Date
-5-
Revenue & Expenditures
2006/2007 Compared to 2005/2006
Jul '05 - Mar
06
Jul '06 - Mar
07
$ Change
Ordinary Income/Expense
Income
Contributions
185,822.61
185,822.61
290,371.97
476,194.58
290,371.97
476,194.58
Scholarships Awarded
236,387.61
155,962.17
Grants Awarded
257,005.10
393,002.74
80,425.44
135,997.64
11,451.75
11,186.00
265.75
Total Income
Expense
Programs Sponsored
Innovative Initiatives
Total Expense
Net Ordinary Income
23,302.99
27,265.62
-3,962.63
528,147.45
587,416.53
-59,269.08
-237,775.48
-111,221.95
126,553.53
Other Income/Expense
Other Income
Grant Administration
7,142.36
11,339.75
-4,197.39
Investment Income
395,057.98
308,912.24
86,145.74
Fundraising Events
140,038.18
144,854.23
-4,816.05
542,238.52
465,106.22
77,132.30
Total Other Income
Other Expense
Management Expense
153.69
0.00
153.69
Foundation Expenses
2,180.14
2,573.42
-393.28
Sponsorship Expenses
3,025.00
4,275.00
-1,250.00
0.00
0.00
0.00
5,358.83
6,848.42
-1,489.59
536,879.69
458,257.80
78,621.89
299,104.21
347,035.85
-47,931.64
Suspense
Total Other Expense
Net Other Income
Net Income
-6-
Monthly Contribution
-7-
March 1, 2007 - March 31, 2007
Contributions $1000 and over
Donor
BP America
Pasadena ISD
Ted and Vivian Sharit
South Belt Leader
Rohm & Haas Texas
Amount
$50,000
$4,700
$1,500
$3,000
$5,700
Fund
Central Campus Process Technology
Office Education Workshop
Jennifer Puryear Scholarship
2006 Golf Tournament
2006 Golf Tournament
Barrios Technology
Cimarron
Mims Meat Company
Mosher, Seifert & Company
$1,000
$1,200
$1,200
$2,000
2007 Evening of MONOPOLY
Employee Contributions
Various
Various
Various-Memorials
Rusty and Brenda Hellyer
$1,165
$1,700
$50
$500
2006 Golf
2007 Evening of Monopoly
Milton O. Stanley Endowed Scholarship
W.L. "Levi" Smallwood Scholarship
-8-
San Jacinto -- PRODUCTION
Revenues, Expenditures, Other Changes
AS OF MARCH 31, 2007
Percentage of time remaining through the budget: 41.918
95 Retirement of Indebtedness
ADJUSTED
BUDGET
YEAR-TODATE
ACTUAL
VARIANCE TO
BUDGET
REVENUES:
LOCAL TAXES - MAINTENANCE & OPERATING
LOCAL TAXES - DEBT SERVICE
TRANSFERS IN
876,018
8,915,000
0
0
9,774,089
1,343,885
(876,018)
859,089
1,343,885
TOTAL REVENUES
9,791,018
11,117,974
1,326,956
INSTITUTIONAL SUPPORT
3,927,245
2,153,174
(1,774,071)
TOTAL EXPENDITURES
3,927,245
2,153,174
(1,774,071)
NET INCREASE/DECREASE IN NET ASSETS
5,863,773
8,964,800
3,101,027
EXPENDITURES:
15
ACTION ITEM “VII”
REGULAR BOARD MEETING, May 7, 2007
RECOMMENDATION
Recommend Board approval of the following honoraria:
Allison, Todd
Allison, Todd
Jay, Julia
100.00
250.00
100.00
100.00
250.00
800.00
100.00
100.00
Jay, Julia
100.00
300.00
Mentor show at The Arts Alliance Clear Lake
Angels in New Orleans
Art on Loan, Houston Municipal Art Commission
Project Storm exhibition, El Dorado Ballroom
Inflections, Gallery 101
"What a History You Have": Ancestral Memory,
Cultural History, Migration Patterns, and the Quest for
Autonomy in the Fiction of Jamaica Kincaid
"Language and Self-Definition in Ntozake Shange's For
Colored Girls, Spell #7" in Literature and Introduction to
Fiction, Poetry, and Drama, edited by Kennedy and
Giola, Pearson/Longman, 2005
"Boogie Woogie Landscapes" in Literature and
Introduction to Fiction, Poetry, and Drama, edited by
Kennedy and Giola, Pearson/Longman, 2005
Weller, Eddie
100.00
Sample Honors Retreat Building Community in a
Commuter School: The Importance of a Fall Retreat
Brandon, Amy
100.00
Tracking Research Methods - Track Summary
Carson, Eric
100.00
100.00
100.00
100.00
100.00
100.00
Hydrologic modeling of flood conveyance and impacts
of historic overbank sedimentation
Fluvial Geomorphology and Hydrology of Sub-alpine
Streams of the Uinta Mountains
Tree-ring based streamflow reconstruction for Ashley
Creek
From criques to canyon cutting: New Quatenary
research in the Uinta Mountains
Glacial Geology of the Southern Uinta Mountains
Quartenary Landscape change and modern process in
western North America
Carson, Eric
600.00
Frazier, Bill
100.00
1 art show
Lemaster, David
100.00
250.00
250.00
100.00
700.00
Light Readings of Ebony
Washington BC
Murder with Tomato Sauce
Jesus, Richard Nixon, and a Large Brown Dog
250.00
250.00
500.00
Art Notes Plus Volume 1
Art Notes Plus Volume 2
Lemaster, David
Bennett, Dixon
Bennett, Dixon
Muirhead, Eric
100.00
50.00
50.00
Muirhead, Eric
Thornburg, John
Brown, Barbara
Farrar, Jo Nell
50.00
250.00
"Medusa" in Literature and Introduction to Fiction,
Poetry, and Drama,edited by Kennedy and Giola,
Pearson/Longman, 2005
"Discovery" in Literature and Introduction to Fiction,
Poetry, and Drama, edited by Kennedy and Giola,
"Closing Time " in Literature and Introduction to Fiction,
Poetry, and Drama, edited by Kennedy and Giola,
"A Reflection on the Paintings of Mark Rothko's Chapel
" in Literature and Introduction to Fiction, Poetry, and
Drama, edited by Kennedy and Giola,
50.00
"The Hound and the Hare " in Literature and
Introduction to Fiction, Poetry, and Drama, edited by
Kennedy and Giola, Pearson/Longman, 2005
100.00
"Dickenson to Rich: Heritage of the 'Poetess'" " in
Literature and Introduction to Fiction, Poetry, and
Drama, edited by Kennedy and Giola,
100.00
"My Kinsman, Goodman Brown: Hawthorne's Portrait
of the American" in Literature and Introduction to
Fiction, Poetry, and Drama, edited by Kennedy and
Naylor, Timothy
100.00
"And Also They Read: Narrative Games in Stephen
Crane's 'The Open Boat'" in Literature and Introduction
to Fiction, Poetry, and Drama, edited by Kennedy and
RATIONALE
According to the Board of Regents Policy Manual, Policy IV-E-14: Policy
on Honoraria– The College District may pay an honorarium to full-time
employees for appropriate scholarly accomplishments, including but
not limited to books written and published by a commercial publisher
other than San Jacinto College.
RESOURCE PERSON
James Fowler, Vice Chancellor of Human Resources
ACTION ITEM “VIII”
RECOMMENDATION
Recommend Board approval of an amendment to the 2006-2007
budget for $3,667,826.
RATIONALE
The amendment to the budget in the amount of $3,667,826 will
increase the restricted budget to $49,147,479. The total budget will
increase from $171,441,629 to $175,109,455.
FISCAL IMPLICATIONS TO THE COLLEGE
This increases the budget for both revenues and expenses.
CONTACT PERSON
Brenda Hellyer, Vice Chancellor of Fiscal Affairs
SAN JACINTO COLLEGE DISTRICT
RESTRICTED FEDERAL/STATE GRANTS
May 2007
Adjustments to Grants
Dist/ TWC SDF Association for Plant Inspection Professionals (New Grant)
Fund
Account
Org.
Prog.
Amount
(Decrease)
Increase
Student Aid
241071
751000
56700
620912
TOTAL
$3,008,015.00
$3,008,015.00
Net Adjustments
$3,008,015.00
BP Foundation - Process Tech (New Grant)
Fund
Account
Org.
Prog.
Amount
(Decrease)
Increase
Capital Outlay
265521
741000
56700
620945
TOTAL
$50,000.00
$50,000.00
Net Adjustments
$50,000.00
C.C./ Co-Board Vertical Teams (New Grant)
Fund
Account
Org.
Prog.
Amount
(Decrease)
Increase
Supplies
Travel
245124
245124
711100
721000
56700
56700
620944
620911
TOTAL
Net Adjustments
$9,500.00
$500.00
$10,000.00
$10,000.00
N.C./ HUD - Hispanic-Serving Institutions Assisting Communities Program (New Grant)
Fund
Account
Org.
Prog.
Amount
(Decrease)
Increase
Non-Instr Labor-Staff
Insurance
Supplies
Supplies
Travel
Student Aid
212222
212222
212222
212222
212222
212222
612000
651000
711100
711100
711100
751000
56700
56700
56700
56700
56700
56700
620930
620930
620930
620930
620930
620930
TOTAL
$205,052.70
$14,498.64
$30,979.03
$44,430.43
$20,500.00
$284,350.00
$599,810.80
Net Adjustments
Net Increase (Decrease) on Restricted
Federal, State & Local Grants
$599,810.80
$3,667,825.80
ACTION ITEM “IX”
RECOMMENDATION
Recommend that the Board approve the order authorizing the issuance of
San Jacinto Community College District Limited Tax General Obligation
Building and Refunding Bonds, Series 2007; authorizing the redemption prior
to maturity of certain outstanding bonds and the execution and delivery of
an escrow agreement and the subscription for and purchase of escrowed
securities; and containing other matters related thereto.
RATIONALE
This bond issue will have a total par amount of $25,245,000 representing
new bonds and refunding bonds.
The District desires to issue $4,000,000 of bonds voted at an election held
within its taxing authority on December 14, 1999. This amount represents
the final installment of a total of $91,395,000 bonds voted at said election
($87,395,000 of such bonds have been previously issued, sold, and
delivered). Proceeds from the bond sale will fund construction, renovation,
improvements, and infrastructure enhancements.
The remaining par amount of $21,315,000 will be issued as refunding bonds.
Such proceeds will be applied to establish an escrow fund to refund a portion
of the District’s Limited Tax General Obligation Building Bonds, Series 2001,
dated November 1, 2001 (Refunded Bonds). The specific maturities of
Refunded Bonds to be redeemed will range from years 2012 through 2023
and year 2029.
Additionally, the District will deposit $9,000,000 of previously collected debt
service ad valorem taxes to the escrow fund for the Refunded Bonds. Such
funds represent an accumulation of collections that have exceeded
scheduled debt payments.
The appropriate escrow agreement will be executed in order to discharge
and defease the Refund Bonds.
The issuance of the new bonds will allow the District to funds needs that are
being identified through the master planning process. The District’s current
debt service ad valorem tax rate will be adequate to cover the required
interest and principal payments.
The issuance of the refunding bonds and the additional contribution from the
District’s debt service ad valorem taxes will generate approximately $17.1
million of future interest savings for the District.
CONTACT PERSON
DRAFT
05/01/07
ORDER AUTHORIZING THE ISSUANCE OF SAN JACINTO COMMUNITY
COLLEGE DISTRICT LIMITED TAX GENERAL OBLIGATION BUILDING
AND REFUNDING BONDS, SERIES 2007; AUTHORIZING THE REDEMPTION
PRIOR TO MATURITY OF CERTAIN OUTSTANDING BONDS AND THE
EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT AND THE
SUBSCRIPTION FOR AND PURCHASE OF CERTAIN ESCROWED
SECURITIES; AND CONTAINING OTHER MATTERS RELATED THERETO
THE STATE OF TEXAS
COUNTIES OF HARRIS AND CHAMBERS
§
§
§
WHEREAS, San Jacinto Community College District (the “District”) has heretofore issued
its Limited Tax General Obligation Building Bonds, Series 2001; and
WHEREAS, the District desires to refund a portion of said bonds (the “Refunded Bonds”) in
advance of their maturities; and
WHEREAS, Chapter 1207, Texas Government Code (the “Act”), authorizes the District to
issue refunding bonds for the purpose of refunding the Refunded Bonds in advance of their
maturities, and to accomplish such refunding by depositing directly with a paying agent for the
Refunded Bonds (or other qualified escrow agent) the proceeds of such refunding bonds, together
with other available funds, in an amount sufficient to provide for the payment or redemption of the
Refunded Bonds, and provides that such deposit shall constitute the making of firm banking and
financial arrangements for the discharge and final payment or redemption of the Refunded Bonds;
and
WHEREAS, upon the issuance of the refunding bonds herein authorized and the deposit of
funds referred to above, the Refunded Bonds shall no longer be regarded as being outstanding,
except for the purpose of being paid pursuant to such deposit, and the pledges, liens, trusts and all
other covenants, provisions, terms and conditions of the orders authorizing the issuance of the
Refunded Bonds shall be, with respect to the Refunded Bonds, discharged, terminated and defeased;
and
WHEREAS, the District desires to issue, in combination with such refunding bonds, as
authorized by the Act, $4,000,000 of bonds voted at an election held within the District on
December 14, 1999 (representing the final installment of a total of $91,395,000 bonds voted at said
election, $87,395,000 of such bonds having been heretofore issued, sold and delivered); therefore
BE IT ORDERED BY THE BOARD OF REGENTS OF SAN JACINTO COMMUNITY
COLLEGE DISTRICT:
1.
Recitals; Consideration. It is hereby found and determined that the matters and facts
set out in the preamble to this Order are true and correct.
It is hereby found and determined that the refunding contemplated in this Order produces a
Houston 3235027v.1
negative net present value savings of $__________ and total [additional] debt service payments of
$__________, but benefits the District by restructuring the District’s debt in order to lower the
annual debt service requirements of the District, that such benefit is sufficient consideration for the
refunding of the Refunded Bonds, and that the issuance of the refunding bonds is in the best interests
of the District.
2.
Definitions. Throughout this Order the following terms and expressions as used
herein shall have the meanings set forth below:
“Acts” means Chapter 1207, Texas Government Code, and Section 130.122, Texas
Education Code, as amended.
“Ambac Assurance” means Ambac Assurance Corporation, a Wisconsin-domiciled stock
insurance company.
“Blanket Issuer Letter of Representations” means the Blanket Issuer Letter of
Representations between the District, the Registrar and DTC.
“Board” means the Board of Regents of the District.
“Bond” or “Bonds” means any bond or all bonds, as the case may be, of the San Jacinto
Community College District Limited Tax General Obligation Building and Refunding Bonds, Series
2007 authorized in this Order, unless the context clearly indicates otherwise.
“Bond Purchase Agreement” means the agreement between the District and the Underwriters
described in Section 23 of this Order.
“Business Day” means any day which is not a Saturday, Sunday, or a day on which the
Registrar is authorized by law or executive order to close.
“Comptroller” means the Comptroller of Public Accounts of the State of Texas.
“Code” means the Internal Revenue Code of 1986, as amended.
“Debt Service Fund” means the interest and sinking fund established by the District pursuant
to Section 20 of this Order.
“District” means the San Jacinto Community College District.
“DTC” means The Depository Trust Company of New York, New York, or any successor
securities depository.
“DTC Participant” means brokers and dealers, banks, trust companies, clearing corporations
and certain other organizations on whose behalf DTC was created to hold securities to facilitate the
clearance and settlement of securities transactions among DTC Participants.
-2Houston 3235027v.1
“Escrow Agent” means The Bank of New York Trust Company, N.A., and any successor in
that capacity.
“Escrow Agreement” means the agreement between the District and the Escrow Agent
relating to the escrow of funds to pay the Refunded Bonds.
“Financial Guaranty Insurance Policy” means the financial guaranty insurance policy issued
by Ambac Assurance insuring the payment when due of the principal of and interest on the Bonds.
“Initial Bond” means the Initial Bond authorized by Section 6(d).
“Interest Payment Date”, when used in connection with any Bond, means August 15, 2007,
and each February 15 and August 15 thereafter until maturity or prior redemption.
“MSRB” means the Municipal Securities Rulemaking Board.
“NRMSIR” means each person whom the SEC or its staff has determined to be a nationally
recognized municipal securities information repository within the meaning of the Rule from time to
time.
“Order” as used herein and in the Bonds means this order authorizing the Bonds.
“Owner” means any person who shall be the registered owner of any outstanding Bonds.
“Record Date” means, with respect to any Interest Payment Date, the last Business Day of
the month next preceding each Interest Payment Date.
“Refunded Bonds” mean the District’s Limited Tax General Obligation Building Bonds,
Series 2001, dated November 1, 2001, in the aggregate principal amount of $28,950,000, maturing
on February 15 in each of the years 2012 through 2029, both inclusive.
“Register” means the books of registration kept by the Registrar, in which are maintained the
names and addresses of, and the principal amounts of the Bonds registered to, each Owner.
“Registrar” means The Bank of New York Trust Company, N.A., and its successors in that
capacity.
“Rule” means SEC Rule 15c2-12, as amended from time to time.
“SEC” means the United States Securities and Exchange Commission.
“SID” means the Municipal Advisory Council of Texas, which has been designated by the
State of Texas as, and determined by the SEC staff to be, a state information depository within the
meaning of the Rule.
“Underwriters” mean Bear Stearns & Company, Siebert Brandford Shank & Co. and
Ramirez & Co., Inc.
3.
Authorization. The Bonds shall be issued in fully registered form in the aggregate
principal amount of $_____________ for the purpose of refunding the Refunded Bonds, and in the
aggregate principal amount of $4,000,000 for the purpose of the construction and equipment of
school buildings in the District, under and in strict conformity with the Constitution and laws of the
State of Texas, particularly the Act.
4.
Designation, Date, and Interest Payment Dates. The Bonds shall be designated as the
“SAN JACINTO COMMUNITY COLLEGE DISTRICT LIMITED TAX GENERAL
OBLIGATION BUILDING AND REFUNDING BONDS, SERIES 2007”, and shall be dated
May 1, 2007. The Bonds shall bear interest at the rates set forth in Section 5 of this Order from the
later of May 1, 2007, or the most recent Interest Payment Date to which such interest has been paid
or duly provided for, calculated on the basis of a 360 day year of twelve 30 day months.
5.
Initial Bonds; Numbers and Denominations. The Bonds shall be initially issued in
the principal amounts and bearing interest at the rates set forth in the following schedule, and may be
transferred and exchanged as set out in this Order. The Bonds shall mature on February 15 in each
of the years and in the amounts set out in the following schedule. The Initial Bond shall be
numbered I-1 and all other Bonds shall be numbered in sequence beginning with R-1. Bonds
delivered on transfer of or in exchange for other Bonds shall be numbered in order of their
authentication by the Registrar, shall be in the denomination of $5,000 or integral multiples thereof,
and shall mature on the same date, bear interest at the same rate, and be subject to redemption on the
same date as the Bond or Bonds in lieu of which they are delivered.
Year
Principal
Amount
Interest
Rate
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
$________
________
________
________
________
________
________
________
________
________
________
________
________
________
________
________
________
_____%
_____%
_____%
_____%
_____%
_____%
_____%
_____%
_____%
_____%
_____%
_____%
_____%
_____%
_____%
_____%
_____%
2025
2026
2027
2028
2029
2030
2031
2032
2033
________
________
________
________
________
________
________
________
________
_____%
_____%
_____%
_____%
_____%
_____%
_____%
_____%
_____%
6.
Execution and Registration of Bonds. (a) The Bonds shall be signed by the
Chairman of the Board and countersigned by the Secretary of the Board, by their manual,
lithographed, or facsimile signatures, and the official seal of the District shall be impressed or placed
in facsimile thereon. Such facsimile signatures on the Bonds shall have the same effect as if each of
the Bonds had been signed manually and in person by each of said officers, and such facsimile seal
on the Bonds shall have the same effect as if the official seal of the District had been manually
impressed upon each of the Bonds.
(b)
If any officer of the District whose manual or facsimile signature shall appear on the
Bonds shall cease to be such officer before the authentication or delivery of such Bonds, such
manual or facsimile signature shall nevertheless be valid and sufficient for all purposes as if such
officer had remained in such office.
(c)
Except as provided below, no Bond shall be valid or obligatory for any purpose or be
entitled to any security or benefit of this Order unless and until there appears thereon the Registrar’s
Authentication Certificate substantially in the form provided herein, duly authenticated by manual
execution by an officer or duly authorized signatory of the Registrar. In lieu of the executed
Registrar’s Authentication Certificate described above, the Initial Bonds delivered on the Issuance
Date shall have attached hereto the Comptroller’s Registration Certificates substantially in the form
provided herein, manually executed by the Comptroller, or by his duly authorized agent, which
certificates shall be evidence that the Initial Bonds have been duly approved by the Attorney General
of the State of Texas and that they are valid and binding obligations of the District, and have been
registered by the Comptroller.
(d)
On the Issuance Date, the Initial Bond, being a single bond representing the entire
principal amount of the Bonds (the “Initial Bond”), payable in stated installments to the
Underwriters or its designee, executed by manual or facsimile signature of the Chairman and
Secretary of the Board, approved by the Attorney General, and registered and manually signed by
the Comptroller, shall be delivered to the Underwriters or its designee. Upon payment for the Initial
Bonds, the Registrar shall cancel the Initial Bonds and deliver definitive Bonds to DTC.
7.
Payment of Principal and Interest. The Registrar is hereby appointed as the paying
agent and registrar for the Bonds. The principal of the Bonds shall be payable, without exchange or
collection charges, in any coin or currency of the United States of America which, on the date of
payment, is legal tender for the payment of debts due the United States of America, upon their
presentation and surrender as they respectively become due and payable at the principal payment
office of the Registrar in Dallas, Texas. The interest on each Bond shall be payable on each Interest
Payment Date, by check mailed by the Registrar on or before the Interest Payment Date to the
Owner of record as of the Record Date, to the address of such Owner as shown on the Register.
If the date for payment of the principal of or interest on any Bond is not a Business Day, then
the date for such payment shall be the next succeeding Business Day with the same force and effect
as if made on the date payment was originally due.
8.
Successor Registrars. The District covenants that at all times while any Bonds are
outstanding it will provide a commercial bank or trust company, organized under the laws of the
United States or any state and authorized to serve as and perform the duties and services of Registrar
for the Bonds. The District reserves the right to change the Registrar for the Bonds on not less than
30 days written notice to the Registrar, so long as any such notice is effective not less than 60 days
prior to the next succeeding principal or interest payment date on the Bonds. Promptly upon the
appointment of any successor Registrar, the previous Registrar shall deliver the Register or copies
thereof to the new Registrar, and the new Registrar shall notify each Owner, by United States mail,
first class postage prepaid, of such change and of the address of the new Registrar. Each Registrar
hereunder, by acting in that capacity, shall be deemed to have agreed to the provisions of this
Section.
9.
Special Record Date. If interest on any Bond is not paid on any Interest Payment
Date and continues unpaid for thirty (30) days thereafter, the Registrar shall establish a new record
date for the payment of such interest, to be known as a Special Record Date. The Registrar shall
establish a Special Record Date when funds to make such interest payment are received from or on
behalf of the District. Such Special Record Date shall be fifteen (15) days prior to the date fixed for
payment of such past due interest, and notice of the date of payment and the Special Record Date
shall be sent by United States mail, first class, postage prepaid, not later than five (5) days prior to
the Special Record Date, to each affected Owner of record as of the close of business on the day
prior to the mailing of such notice.
10.
Ownership; Unclaimed Principal and Interest. The District, the Registrar and any
other person may treat the person in whose name any Bond is registered as the absolute owner of
such Bond for the purpose of making and receiving payment of the principal of or interest on such
Bond, and for all other purposes, whether or not such Bond is overdue, and neither the District nor
the Registrar shall be bound by any notice or knowledge to the contrary. All payments made to the
person deemed to be the Owner of any Bond in accordance with this Section shall be valid and
effectual and shall discharge the liability of the District and the Registrar upon such Bond to the
extent of the sums paid.
Amounts held by the Registrar which represent principal of and interest on the Bonds
remaining unclaimed by the Owner after the expiration of three years from the date such amounts
have become due and payable shall be reported and disposed of by the Registrar in accordance with
the applicable provisions of Texas law including, to the extent applicable, Title 6 of the Texas
Property Code, as amended.
11.
Registration, Transfer, and Exchange. So long as any Bonds remain outstanding, the
Registrar shall keep the Register at its principal payment office in Dallas, Texas and subject to such
reasonable regulations as it may prescribe, the Registrar shall provide for the registration and
transfer of Bonds in accordance with the terms of this Order.
Each Bond shall be transferable only upon the presentation and surrender thereof at the
principal payment office of the Registrar in Dallas, Texas, duly endorsed for transfer, or
accompanied by an assignment duly executed by the registered Owner or his authorized
representative in form satisfactory to the Registrar. Upon due presentation of any Bond for transfer,
the Registrar shall authenticate and deliver in exchange therefor, within three Business Days after
such presentation, a new Bond or Bonds registered in the name of the transferee or transferees, in
authorized denominations and of the same maturity and aggregate principal amount and bearing
interest at the same rate as the Bond or Bonds so presented.
All Bonds shall be exchangeable upon presentation and surrender thereof at the principal
payment office of the Registrar in Dallas, Texas, for a Bond or Bonds of like maturity and interest
rate in any authorized denomination or Maturity Amount, in an aggregate amount equal to the
unpaid principal amount of the Bond or Bonds presented for exchange. The Registrar shall be and is
hereby authorized to authenticate and deliver exchange Bonds in accordance with the provisions of
this Section. Each Bond delivered in accordance with this Section shall be entitled to the benefits
and security of this Order to the same extent as the Bond or Bonds in lieu of which such Bond is
delivered.
The District or the Registrar may require the Owner of any Bond to pay a sum sufficient to
cover any tax or other governmental charge that may be imposed in connection with the transfer or
exchange of such Bond. Any fee or charge of the Registrar for such transfer or exchange shall be
paid by the District.
12.
Mutilated, Lost, or Stolen Bonds. Upon the presentation and surrender to the
Registrar of a mutilated Bond, the Registrar shall authenticate and deliver in exchange therefor a
replacement Bond of like maturity, interest rate, and principal amount, bearing a number not
contemporaneously outstanding. If any Bond is lost, apparently destroyed, or wrongfully taken, the
District, pursuant to the applicable laws of the State of Texas and in the absence of notice or
knowledge that such Bond has been acquired by a bona fide purchaser, shall authorize and the
Registrar shall authenticate and deliver a replacement Bond of like maturity, interest rate and
principal amount, bearing a number not contemporaneously outstanding.
The District or the Registrar may require the Owner of a mutilated Bond to pay a sum
sufficient to cover any tax or other governmental charge that may be imposed in connection
therewith and any other expenses connected therewith, including the fees and expenses of the
Registrar. The District or the Registrar may require the Owner of a lost, apparently destroyed or
wrongfully taken Bond, before any replacement Bond is issued, to:
(1)
furnish to the District and the Registrar satisfactory evidence of the
ownership of and the circumstances of the loss, destruction or theft of such
Bond;
(2)
furnish such security or indemnity as may be required by the Registrar and
the District to save them harmless;
(3)
pay all expenses and charges in connection therewith, including, but not
limited to, printing costs, legal fees, fees of the Registrar and any tax or other
governmental charge that may be imposed; and
(4)
meet any other reasonable requirements of the District and the Registrar.
If, after the delivery of such replacement Bond, a bona fide purchaser of the original Bond in lieu of
which such replacement Bond was issued presents for payment such original Bond, the District and
the Registrar shall be entitled to recover such replacement Bond from the person to whom it was
delivered or any person taking therefrom, except a bona fide purchaser, and shall be entitled to
recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or
expense incurred by the District or the Registrar in connection therewith.
If any such mutilated, lost, apparently destroyed or wrongfully taken Bond has become or is
about to become due and payable, the District in its discretion may, instead of issuing a replacement
Bond, authorize the Registrar to pay such Bond.
Each replacement Bond delivered in accordance with this Section shall be entitled to the
benefits and security of this Order to the same extent as the Bond or Bonds in lieu of which such
replacement Bond is delivered.
13.
Cancellation of Bonds. All Bonds paid in accordance with this Order, and all Bonds
in lieu of which exchange Bonds or replacement Bonds are authenticated and delivered in
accordance herewith, shall be cancelled and destroyed upon the making of proper records regarding
such payment. The Registrar shall furnish the District with appropriate certificates of destruction of
such Bonds.
14.
Book-Entry Only System. (a) The Initial Bonds shall be registered in the name of
Bear Stearns & Company. Except as provided in Section 14 hereof, all other Bonds shall be
registered in the name of Cede & Co., as nominee of DTC.
(b)
With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the
District and the Registrar shall have no responsibility or obligation to any DTC Participant or to any
person on behalf of whom such DTC Participant holds an interest in the Bonds, except as provided
in this Order. Without limiting the immediately preceding sentence, the District and the Registrar
shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC,
Cede & Co. or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the
delivery to any DTC Participant or any other person, other than an Owner, as shown on the Register,
of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to
any DTC Participant or any other person, other than an Owner, as shown on the Register, of any
amount with respect to principal of, premium, if any, or interest on the Bonds. Notwithstanding any
other provision of this Order to the contrary, the District and the Registrar shall be entitled to treat
and consider the person in whose name each Bond is registered in the Register as the absolute
Owner of such Bond for the purpose of payment of principal of and interest on the Bonds, for the
purpose of giving notices of redemption and other matters with respect to such Bond, for the purpose
of registering transfer with respect to such Bond, and for all other purposes whatsoever. The
Registrar shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the
order of the respective Owners, as shown in the Register as provided in this Order, or their
respective attorneys duly authorized in writing, and all such payments shall be valid and effective to
fully satisfy and discharge the District’s obligations with respect to payments of principal, premium,
if any, and interest on the Bonds to the extent of the sum or sums so paid. No person other than an
Owner, as shown in the Register, shall receive a Bond certificate evidencing the obligation of the
District to make payments of amounts due pursuant to this Order. Upon delivery by DTC to the
Registrar of written notice to the effect that DTC has determined to substitute a new nominee in
place of Cede & Co., and subject to the provisions of this Order with respect to interest checks being
mailed to the Owner of record as of the Record Date, the phrase “Cede & Co.” in this Order shall
refer to such new nominee of DTC.
15.
Successor Securities Depository; Transfer Outside Book-Entry Only System. In the
event that the District in its sole discretion, determines that the beneficial owners of the Bonds be
able to obtain certificated Bonds, or in the event DTC discontinues the services described herein, the
District shall (i) appoint a successor securities depository, qualified to act as such under Section
17(a) of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants, as
identified by DTC, of the appointment of such successor securities depository and transfer one or
more separate Bonds to such successor securities depository or (ii) notify DTC and DTC
Participants, as identified by DTC, of the availability through DTC of Bonds and transfer one or
more separate Bonds to DTC Participants having Bonds credited to their DTC accounts, as identified
by DTC. In such event, the Bonds shall not longer be restricted to being registered in the Register in
the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor
securities depository, or its nominee, or in whatever name or names Owners transferring or
exchanging Bonds shall designate, in accordance with the provisions of this Order.
16.
Payments to Cede & Co. Notwithstanding any other provision of this Order to the
contrary, so long as any Bonds are registered in the name of Cede & Co., as nominee of DTC, all
payments with respect to principal of, premium, if any, and interest on such Bonds, and all notices
with respect to such Bonds, shall be made and given, respectively, in the manner provided in the
Blanket Issuer Letter of Representations.
17.
Optional [and Mandatory] Redemption. The Bonds are subject to optional [and
mandatory] redemption as set forth in the Form of Bonds in this Order.
Bonds may be redeemed only in integral multiples of $5,000. If a Bond subject to
redemption is in a denomination larger than $5,000, a portion of such Bond may be redeemed, but
only in integral multiples of $5,000. Upon surrender of any Bond for redemption in part, the
Registrar, in accordance with Section 13 hereof, shall authenticate and deliver in exchange therefor a
Bond or Bonds of like series, maturity, and interest rate in an aggregate principal amount equal to
the unredeemed portion of the Bond so surrendered.
If less than all of the Bonds are to be redeemed, the District shall determine the amounts and
maturities to be redeemed.
Notice of any redemption identifying the Bonds to be redeemed shall be given by the
Registrar at least thirty days prior to the date fixed for redemption by sending written notice by first
class mail to the Owner of each Bond to be redeemed in whole or in part at the address shown on the
Register. Such notices shall state the redemption date, the redemption price, the place at which
Bonds are to be surrendered for payment and, if less than all Bonds of a particular series and
maturity are to be redeemed, the numbers of the Bonds or portions thereof of such series and
maturity to be redeemed. Any notice given as provided in this Section 16 shall be conclusively
presumed to have been duly given, whether or not the Owner receives such notice. By the date fixed
for redemption, due provision shall be made with the Registrar for payment of the redemption price
of the Bonds or portions thereof to be redeemed. When Bonds have been called for redemption in
whole or in part and due provision has been made to redeem same as herein provided, the Bonds or
portions thereof so redeemed shall no longer be regarded as outstanding except for the purpose of
receiving payment solely from the funds so provided for redemption, and the rights of the Owners to
collect interest which would otherwise accrue after the redemption date on any Bond or portion
thereof called for redemption shall terminate on the date fixed for redemption.
18.
Forms. The form of the Bond, including the form of the Registrar’s Authentication
Certificate, the form of Assignment, the form of Registration Certificate of the Comptroller of Public
Accounts, and the form of Statement of Insurance, which shall be attached or affixed to the Bonds
initially issued shall be, respectively, substantially as follows, with such additions, deletions and
variations as may be necessary or desirable and not prohibited by this Order:
-10Houston 3235027v.1
(a)
Form of Bond.
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF HARRIS AND CHAMBERS
NUMBER
____
REGISTERED
DENOMINATION
$___________
REGISTERED
LIMITED TAX GENERAL OBLIGATION BUILDING
AND REFUNDING BOND
SERIES 2007
INTEREST RATE:
MATURITY DATE:
DATED DATE:
May 1, 2007
CUSIP
REGISTERED OWNER:
PRINCIPAL AMOUNT:
DOLLARS
San Jacinto Community College District (the “District”) promises to pay to the Registered
Owner identified above, or registered assigns, on the maturity date specified above, upon
presentation and surrender of this Bond at The Bank of New York Trust Company, N.A. (the
“Registrar”), at its principal payment office in Dallas, Texas, the principal amount identified above,
payable in any coin or currency of the United States of America which on the date of payment of
such principal is legal tender for the payment of debts due the United States of America, and to pay
interest thereon at the rate shown above, calculated on the basis of a 360 day year of twelve 30 day
months, from the later of May 1, 2007, or the most recent interest payment date to which interest has
been paid or duly provided for. Interest on this Bond is payable by check on August 15 and
February 15, beginning on August 15, 2007, mailed to the registered owner as shown on the books
of registration kept by the Registrar as of the last business day of the month next preceding each
interest payment date.
THIS BOND is one of a duly authorized issue of Bonds, aggregating $_____________ (the
“Bonds”), issued (a) for the purpose of refunding a portion of the District’s outstanding bonds and
(b) for the purpose of the construction and equipment of school buildings in the District and the
purchase of the necessary sites therefor, as authorized at an election held in the District on
December 14, 1999, and pursuant to an order adopted by the Board of Regents (the “Order”), which
Order is of record in the official minutes of the District.
-11Houston 3235027v.1
THE DISTRICT RESERVES THE RIGHT, at its option, to redeem Bonds, maturing on or
after February 15, 2018, in whole or from time to time in part, in integral multiples of $5,000, on
February 15, 2017, or any date thereafter at par plus accrued interest on the principal amounts called
for redemption to the date fixed for redemption. If less than all the Bonds of a particular maturity
are to be redeemed, the Registrar shall select by lot the Bonds or portions thereof to be redeemed.
[If applicable, mandatory redemption language].
NOTICE OF ANY REDEMPTION shall be given at least thirty (30) days prior to the date
fixed for redemption by first class mail, postage prepaid, addressed to the registered owners of each
Bond to be redeemed in whole or in part at the address shown on the books of registration kept by
the Registrar. When Bonds or portions thereof have been called for redemption, and due provision
has been made to redeem the same, the principal amounts so redeemed shall be payable solely from
the funds provided for redemption, and interest which would otherwise accrue on the amounts called
for redemption shall terminate on the date fixed for redemption.
THIS BOND IS TRANSFERABLE only upon presentation and surrender at the principal
payment office of the Registrar in Dallas, Texas, duly endorsed for transfer or accompanied by an
assignment duly executed by the registered owner or his authorized representative, subject to the
terms and conditions of the Order.
THIS BOND IS EXCHANGEABLE at the principal payment office of the Registrar in
Dallas, Texas, for bonds in the principal amount of $5,000 or any integral multiple thereof, subject
to the terms and conditions of the Order.
THIS BOND shall not be valid or obligatory for any purpose or be entitled to any benefit
under the Order unless this Bond is either (i) registered by the Comptroller of Public Accounts of the
State of Texas by registration certificate attached or affixed hereto or (ii) authenticated by the
Registrar by due execution of the authentication certificate endorsed hereon.
THE REGISTERED OWNER of this Bond, by acceptance hereof, acknowledges and agrees
to be bound by all the terms and conditions of the Order.
THE DISTRICT has covenanted in the Order that it will at all times provide a legally
qualified registrar for the Bonds and will cause notice of any change of registrar to be mailed to each
registered owner.
IT IS HEREBY certified, recited and covenanted that this Bond has been duly and validly
issued and delivered; that all acts, conditions and things required or proper to be performed, to exist
and to be done precedent to or in the issuance and delivery of this Bond have been performed, exist
and have been done in accordance with law; and that annual ad valorem taxes, within the limits
prescribed by law, sufficient to provide for the payment of the interest on and principal of this Bond,
as such interest comes due and such principal matures, have been levied and ordered to be levied
against all taxable property in the District and have been pledged irrevocably for such payment.
-12Houston 3235027v.1
IN WITNESS WHEREOF, this Bond has been signed with the manual or facsimile signature
of the Chairman of the Board and countersigned with the manual or facsimile signature of the
Secretary of the Board, and the official seal of the District has been duly impressed, or placed in
facsimile, on this Bond.
(AUTHENTICATION
CERTIFICATE)
(SEAL)
SAN JACINTO COMMUNITY
COLLEGE DISTRICT
________________________________
Chairman
________________________________
Secretary
(b)
Form of Registration Certificate of Comptroller of Public Accounts.
COMPTROLLER’S REGISTRATION CERTIFICATE:
REGISTER NO. _________
I hereby certify that this Bond has been examined, certified as to validity, and approved by
the Attorney General of the State of Texas, and that this Bond has been registered by the
Comptroller of Public Accounts of the State of Texas.
WITNESS MY SIGNATURE AND SEAL this _________________________________.
__________________________________
Comptroller of Public Accounts
of the State of Texas
(SEAL)
(c)
Form of Registrar’s Authentication Certificate.
AUTHENTICATION CERTIFICATE
It is hereby certified that this Bond has been delivered pursuant to the Bond Order
described in the text of this Bond.
The Bank of New York Trust Company, N.A.
By ________________________
Authorized Signature
Date of Authentication ____________
-13Houston 3235027v.1
(d)
Form of Assignment.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns, and transfers unto
_______________________________________________________________________________
______________________________________________________________________________
(Please print or type name, address, and zip code of Transferee)
______________________________________________________________________________
(Please insert Social Security or Taxpayer Identification Number of Transferee)
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
______________________________________________________________________________
attorney to transfer said Bond on the books kept for registration thereof, with full power of
substitution in the premises.
DATED: __________________________
___________________________________
Signature Guaranteed:
___________________________________
Registered Owner
NOTICE: The signature above must
correspond to the name of the registered
owner as shown on the face of this Bond in
every particular, without any alteration,
enlargement or change whatsoever.
__________________________________
__________________________________
NOTICE: Signature must be guaranteed
by a member firm of the New York Stock
Exchange or a commercial bank or trust
company.
(e)
Form of Insurance Legend.
STATEMENT OF INSURANCE
Financial Guaranty Insurance Policy No. _______ (the “Policy”) with respect to payments due
for principal of and interest on this Bond has been issued by Ambac Assurance Corporation (“Ambac
Assurance”). The Policy has been delivered to The Bank of New York, New York, New York, as the
Insurance Trustee under said Policy and will be held by such Insurance Trustee or any successor
insurance trustee. The Policy is on file and available for inspection at the principal office of the
Insurance Trustee and a copy thereof may be secured from Ambac Assurance or the Insurance Trustee.
All payments required to be made under the Policy shall be made in accordance with the provisions
thereof. The owner of this Bond acknowledges and consents to the subrogation rights of Ambac
Assurance as more fully set forth in the Policy.
(f)
The Initial Bond shall be in the form set forth in paragraphs (a), (b), (d) and (e) of this
Section, except for the following alterations:
-14Houston 3235027v.1
(i) immediately under the name of the Bond, the headings
“INTEREST RATE” and “MATURITY DATE” shall both be
completed with the words “As Shown Below” and the word “CUSIP”
deleted;
(ii) in the first paragraph of the Bond, the words “on the maturity
date specified above” and “at the rate shown above” shall be deleted
and the following shall be inserted at the end of the first sentence “...,
with such principal to be paid in installments on February 15, in each
of the years and in the principal amounts identified in the following
schedule and with such installments bearing interest at the per annum
rates set forth in the following schedule:”
[Information to be inserted from schedule in Section 5(a)]
(iii) the Initial Bond shall be numbered I-1.
19.
CUSIP Numbers; Bond Insurance. CUSIP Numbers may be printed on the Bonds,
but errors or omissions in the printing of such numbers shall have no effect on the validity of the
Bonds.
The purchase of and payment of the premium for a Financial Guaranty Insurance Policy, in
accordance with the terms of a commitment for such insurance from Ambac Assurance is hereby
authorized. The provisions regarding the Financial Guaranty Insurance Policy attached as Exhibit A
are incorporated herein by reference. All officials and representatives of the District are authorized
and directed to execute such documents and to do any and all things necessary or desirable to obtain
such insurance, and the printing on the Bonds of an appropriate legend regarding such insurance is
hereby approved.
20.
Debt Service Fund; Tax Levy. A special fund to be designated “San Jacinto
Community College District Limited Tax General Obligation and Refunding Bonds, Series 2007,
Debt Service Fund” is hereby created, and the proceeds from all taxes levied, assessed and collected
for and on account of the Bonds authorized by this Order shall be deposited, as collected, in such
Fund. While the Bonds or any part of the principal thereof or interest thereon remain outstanding
and unpaid, there is hereby levied and there shall be annually assessed and collected in due time,
form and manner, and at the same time as other District taxes are assessed, levied and collected, in
each year, a continuing direct annual ad valorem tax, within the limits prescribed by law, upon all
taxable property in the District, sufficient to pay the interest on the Bonds as the same becomes due
and to pay each installment of the principal of the Bonds as the same matures, full allowance being
made for delinquencies and costs of collection, and said taxes are hereby irrevocably pledged to the
payment of the interest on and principal of the Bonds and to no other purpose.
To pay the debt service coming due on the Bonds prior to receipt of the taxes levied to pay
such debt service, there is hereby appropriated from current funds on hand, which are hereby
certified to be on hand and available for such purpose, an amount sufficient to pay such debt service,
and such amount shall be used for no other purpose.
-15Houston 3235027v.1
21.
Application of Chapter 1208, Government Code. Chapter 1208, Government Code,
applies to the issuance of the Bonds and the pledge of the taxes granted by the District under Section
20 of this Order, and such pledge is therefore valid, effective and perfected. If Texas law is
amended at any time while the Bonds are outstanding and unpaid such that the pledge of the taxes
granted by the District under Section 20 of this Order is to be subject to the filing requirements of
Chapter 9, Business & Commerce Code, then in order to preserve to the registered owners of the
Bonds the perfection of the security interest in said pledge, the District agrees to take such measures
as it determines are reasonable and necessary under Texas law to comply with the applicable
provisions of Chapter 9, Business & Commerce Code and enable a filing to perfect the security
interest in said pledge to occur.
22.
Further Proceedings. After the Bonds to be initially issued have been executed, it
shall be the duty of the Chairman of the Board of Regents of the District and other appropriate
officials and agents of the District to deliver the Bonds to be initially issued and all pertinent records
and proceedings to the Attorney General of the State of Texas, for examination and approval. After
the Bonds to be initially issued have been approved by the Attorney General, they shall be delivered
to the Comptroller for registration. Upon registration of the Bonds to be initially issued, the
Comptroller (or the Comptroller’s bond clerk or an assistant bond clerk lawfully designated in
writing to act for the Comptroller) shall manually sign the Comptroller’s Registration Certificate
prescribed herein and the seal of said Comptroller shall be impressed, or placed in facsimile,
thereon.
23.
Sale; Bond Purchase Agreement. The Bonds are hereby sold and shall be delivered to
the Underwriters at a price of $_____________ plus accrued interest to the date of delivery, in
accordance with the terms of a Bond Purchase Agreement of even date herewith, presented to and
hereby approved by the Board of Regents, which price and terms are hereby found and determined
to be the most advantageous reasonably obtainable by the District. The Chairman and other
appropriate officials of the District are hereby authorized and directed to execute such Bond
Purchase Agreement on behalf of the District, and the Chairman and all other officers, agents and
representatives of the District are hereby authorized to do any and all things necessary or desirable to
satisfy the conditions set out therein and to provide for the issuance and delivery of the Bonds.
24.
Federal Income Tax Exclusion.
(a)
General. The District intends that the interest on the Bonds shall be excludable from
gross income for federal income tax purposes pursuant to sections 103 and 141 through 150 of the
Internal Revenue Code of 1986, as amended (the “Code”), and the applicable Income Tax
Regulations (the “Regulations”). The District covenants and agrees not to take any action, or
knowingly omit to take any action within its control, that if taken or omitted, respectively, would
cause the interest on the Bonds to be includable in gross income, as defined in section 61 of the
Code, for federal income tax purposes. In particular, the District covenants and agrees to comply
with each requirement of this Section; provided, however, that the District shall not be required to
comply with any particular requirement of this Section if the District has received an opinion of
nationally recognized bond counsel (“Counsel’s Opinion”) that such noncompliance will not
adversely affect the exclusion from gross income for federal income tax purposes of interest on the
-16Houston 3235027v.1
Bonds or if the District has received a Counsel’s Opinion to the effect that compliance with some
other requirement set forth in this Section will satisfy the applicable requirements of the Code and
the Regulations, in which case compliance with such other requirement specified in such Counsel’s
Opinion shall constitute compliance with the corresponding requirement specified in this Section.
(b)
No Private Use or Payment and No Private Loan Financing. The District shall
certify, through an authorized officer, employee or agent that based upon all facts and estimates
known or reasonably expected to be in existence on the date the Bonds are delivered, that the
proceeds of the Refunded Bonds have not been used, and that proceeds of the Refunded Bonds and
the Bonds will not be used, in a manner that would cause the Bonds to be “private activity bonds”
within the meaning of section 141 of the Code and the Regulations promulgated thereunder.
Moreover, the District covenants and agrees that it will make such use of the proceeds of the
Refunded Bonds and the Bonds including interest or other investment income derived from Bond
proceeds, regulate the use of property financed, directly or indirectly, with such proceeds, and take
such other and further action as may be required so that the Bonds will not be “private activity
bonds” within the meaning of section 141 of the Code and the Regulations promulgated thereunder.
(c)
No Federal Guarantee. The District covenants and agrees that it has not and will not
take any action, and has not knowingly omitted and will not knowingly omit to take any action
within its control, that, if taken or omitted, respectively, would cause the Bonds to be “federally
guaranteed” within the meaning of section 149(b) of the Code and the applicable Regulations
thereunder, except as permitted by section 149(b)(3) of the Code and such Regulations.
(d)
No Hedge Bonds. The District covenants and agrees that it has not and will not take
any action, and has not knowingly omitted and will not knowingly omit to take any action, within its
control, that, if taken or omitted, respectively, would cause the Bonds to be “hedge bonds” within
the meaning of section 149(g) of the Code and the applicable Regulations thereunder.
(e)
No Arbitrage. The District shall certify, through an authorized officer, employee or
agent that based upon all facts and estimates known or reasonably expected to be in existence on the
date the Bonds are delivered, the District will reasonably expect that the proceeds of the Bonds will
not be used in a manner that would cause the Bonds to be “arbitrage bonds” within the meaning of
section 148(a) of the Code and the applicable Regulations promulgated thereunder. Moreover, the
District covenants and agrees that it will make such use of the proceeds of the Bonds including
interest or other investment income derived from Bond proceeds, regulate investments of proceeds
of the Bonds, and take such other and further action as may be required so that the Bonds will not be
“arbitrage bonds” within the meaning of section 148(a) of the Code and the applicable Regulations
promulgated thereunder.
(f)
Arbitrage Rebate. If the District does not qualify for an exception to the requirements
of section 148(f) of the Code relating to the required rebate to the United States, the District will
take all necessary steps to comply with the requirement that certain amounts earned by the District
on the investment of the “gross proceeds” of the Bonds (within the meaning of section 148(f)(6)(B)
of the Code), be rebated to the federal government. Specifically, the District will (i) maintain
records regarding the investment of the gross proceeds of the Bonds as may be required to calculate
the amount earned on the investment of the gross proceeds of the Bonds separately from records of
-17Houston 3235027v.1
amounts on deposit in the funds and accounts of the District allocable to other bond issue of the
District or moneys which do not represent gross proceeds of any bonds of the District, (ii) calculate
at such times as are required by applicable Regulations, the amount earned from the investment of
the gross proceeds of the Bonds which is required to be rebated to the federal government, and (iii)
pay, not less often than every fifth anniversary date of the delivery of the Bonds or on such other
dates as may be permitted under applicable Regulations, all amounts required to be rebated to the
federal government. Further, the District will not indirectly pay any amount otherwise payable to
the federal government pursuant to the foregoing requirements to any person other than the federal
government by entering into any investment arrangement with respect to the gross proceeds of the
Bonds that might result in a reduction in the amount required to be paid to the federal government
because such arrangement results in a smaller profit or a larger loss than would have resulted if the
arrangement had been at arm’s length and had the yield on the issue not been relevant to either party.
(g)
Information Reporting. The District covenants and agrees to file or cause to be filed
with the Secretary of the Treasury, not later than the 15th day of the second calendar month after the
close of the calendar quarter in which the Bonds are issued, an information statement concerning the
Bonds, all under and in accordance with section 149(e) of the Code and the applicable Regulations
promulgated thereunder.
(h)
Continuing Obligation. Notwithstanding any other provision of this Order, the
District’s obligations under the covenants and provisions of this Section shall survive the defeasance
and discharge of the Bonds.
25.
Use of Proceeds. Proceeds from the sale of the Bonds shall, promptly upon receipt by
the District, be applied as follows:
(a)
Accrued interest on the Bonds and $________ in net premium on the
new money portion of the Bonds shall be deposited into the Debt
Service Fund.
(b)
$4,000,000 shall be used for the construction and equipment of
school buildings and the purchase of the necessary sites therefor.
Any funds remaining after accomplishing such purpose, including
interest earnings on such proceeds shall be deposited into the Debt
Service Fund.
(c)
The remaining proceeds from the sale of the Bonds, together with
other available funds of the District ($__________), shall be applied
to establish an escrow fund to refund the Refunded Bonds, as more
fully provided below, and, to the extent not otherwise provided for, to
pay all expenses arising in connection with the issuance of the Bonds,
the establishment of such escrow fund and the refunding of the
Refunded Bonds. Any proceeds of the Bonds remaining after making
all such deposits and payments shall be deposited into the Debt
Service Fund.
-18Houston 3235027v.1
26.
Escrow Agreement. The discharge and defeasance of the Refunded Bonds shall be
effectuated pursuant to the terms and provisions of an Escrow Agreement to be entered into by and
between the District and the Escrow Agent, the terms and provisions of which are hereby approved,
subject to such insertions, additions and modifications as shall be necessary (a) to carry out the
program designed for the District by the Underwriters, shall be certified as to mathematical accuracy
by Grant Thornton LLP, Certified Public Accountants, whose Report shall be attached to the Escrow
Agreement, (b) to maximize the District’s present value savings and/or to minimize the District’s
costs of refunding, (c) to comply with all applicable laws and regulations relating to the refunding of
the Refunded Bonds and (d) to carry out the other intents and purposes of this Order, and the
Chairman or Vice Chairman is hereby authorized to execute and deliver such Escrow Agreement on
behalf of the District in multiple counterparts and the Secretary or the Assistant Secretary is hereby
authorized to attest thereto and affix the District’s seal.
27.
Redemption of Refunded Bonds. The District hereby calls the following bonds of the
District for redemption prior to maturity on the date shown below, at a price of par plus accrued
interest to the date fixed for redemption, and authorizes and directs notice of such redemption to be
given in accordance with the order authorizing the issuance of such bonds. The order authorizing
the issuance of the District’s Limited Tax General Obligation Bonds, Series 2001, dated November
1, 2001, contained a clerical error specifying the bonds maturing on or after February 15, 2011 were
subject to redemption on February 15, 2010 or any date thereafter. Such clerical error is hereby
corrected to specify that the bonds maturing on or after February 15, 2012 are subject to redemption
on February 15, 2011, or any date thereafter, in accordance with the District’s official statement for
said bonds.
Bonds To Be Redeemed
Redemption Date
Limited Tax General Obligation
Building Bonds, Series 2001
Maturities 2012 through 2023
And Maturity 2029
February 15, 2011
28.
Purchase of United States Treasury Obligations. To assure the purchase of the
Escrowed Securities referred to in the Escrow Agreement, the Chairman or Vice Chairman of the
Board of Regents, the Vice Chancellor for Fiscal Affairs and the Escrow Agent are hereby
authorized to subscribe for, agree to purchase, and purchase obligations which are authorized
investments for escrow accounts pursuant to Section 1207.062, Texas Government Code, in such
amounts and maturities and bearing interest at such rates as may be provided for in the Report, and
to execute any and all subscriptions, purchase agreements, commitments, letters of authorization and
other documents necessary to effectuate the foregoing, and any actions heretofore taken for such
purpose are hereby ratified and approved.
29.
Official Statement. The District hereby approves the form and content and
distribution of the Preliminary Official Statement prepared in the initial offering and sale of the
Bonds and hereby authorizes the preparation of a final Official Statement reflecting the terms of the
Purchase Contract and other relevant information. The use of such final Official Statement by the
Underwriters is hereby approved and authorized.
-19Houston 3235027v.1
30.
Continuing Disclosure Undertaking. (a) Annual Reports. The District shall provide
annually to each NRMSIR and the SID, within six months after the end of each fiscal year, financial
information and operating data with respect to the District of the general type included in the final
Official Statement in Appendix B and Appendix E. The information will also include the audited
financial statements of the District, if the District commissions an audit and it is completed within
the required time. If audited financial statements are not available by the required time, the District
will provide audited financial statements when and if the audit report becomes available. Any
financial statements so to be provided shall be prepared in accordance with the accounting principles
the District may be required to employ from time to time pursuant to State law or regulation.
If the District changes its fiscal year, it will notify each NRMSIR and the SID of the change
(and of the date of the new fiscal year end) prior to the next date by which the District otherwise
would be required to provide financial information and operating data pursuant to this Section.
The financial information and operating data to be provided pursuant to this Section may be
set forth in full in one or more documents or may be included by specific reference to any document
(including an official statement or other offering document, if it is available from the MSRB) that
theretofore has been provided to each NRMSIR and the SID or filed with the SEC.
(b)
Material Event Notices. The District shall notify the SID and either each NRMSIR or
the MSRB, in a timely manner, of any of the following events with respect to the Bonds, if such
event is material within the meaning of the federal securities laws:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
Principal and interest payment delinquencies;
Non-payment related defaults;
Unscheduled draws on debt service reserves reflecting financial
difficulties;
Unscheduled draws on credit enhancements reflecting financial
difficulties;
Substitution of credit or liquidity providers, or their failure to
perform;
Adverse tax opinions or events affecting the tax-exempt status of the
Bonds;
Modifications to rights of holders of the Bonds;
Bond calls;
Defeasances;
Release, substitution, or sale of property securing repayment of the
Bonds; and
Rating changes.
The District shall notify the SID and either each NRMSIR or the MSRB, in a timely manner,
of any failure by the District to provide financial information or operating data in accordance with
Section 30(a) of this Order by the time required by such Section.
-20Houston 3235027v.1
(c)
Limitations, Disclaimers, and Amendments. The District shall be obligated to
observe and perform the covenants specified in this Section for so long as, but only for so long as,
the District remains an “obligated person” with respect to the Bonds within the meaning of the Rule,
except that the District in any event will give notice of any deposit made in accordance with Texas
law that causes Bonds no longer to be outstanding.
The provisions of this Section are for the sole benefit of the holders and the beneficial
owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any
legal or equitable right, remedy, or claim hereunder to any other person. The District undertakes to
provide only the financial information, operating data, financial statements, and notices which it has
expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any
other information that may be relevant or material to a complete presentation of the District’s
financial results, condition, or prospects or hereby undertake to update any information provided in
accordance with this Section or otherwise, except as expressly provided herein. The District does
not make any representation or warranty concerning such information or its usefulness to a decision
to invest in or sell Bonds at any future date.
UNDER NO CIRCUMSTANCES SHALL THE DISTRICT BE LIABLE TO THE
HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN
CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY
BREACH BY THE DISTRICT, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART,
OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY
OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH
BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC
PERFORMANCE.
No default by the District in observing or performing its obligations under this Section shall
comprise a breach of or default under this Order for purposes of any other provision of this Order.
Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the
duties of the district under federal and state securities laws.
The provisions of this Section may be amended by the District from time to time to adapt to
changed circumstances that arise from a change in legal requirements, a change in law, or a change
in the identity, nature, or status or type of operations of the District, if (1) the agreement, as so
amended, would have permitted an underwriter to purchase or sell Bonds in the original primary
offering in compliance with the Rule, taking into account any amendments or interpretations of the
Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the
holders of a majority in aggregate amount of the outstanding Bonds consent to such amendment or
(b) a person unaffiliated with the District (such as nationally recognized bond counsel) determines
that the amendment will not materially impair the interests of the holders and beneficial owners of
the Bonds. If any such amendment is made, the District will include in its next annual update an
explanation in narrative form of the reasons for the change and its impact on the type of operating
data or financial information being provided.
-21Houston 3235027v.1
31.
Related Matters. To satisfy in a timely manner all of the District’s obligations under
this Order, the Chairman and Secretary of the Board of Regents of the District and all other
appropriate officers and agents of the District are hereby authorized and directed to do any and all
things necessary and/or convenient to carry out the terms and purposes of this Order.
32.
Registrar. The form of agreement setting forth the duties of the Registrar is hereby
approved, and the appropriate officials of the District are hereby authorized to execute such
agreement for and on behalf of the District.
33.
No Personal Liability. No recourse shall be had for payment of the principal of or
interest on any Bonds or for any claim based thereon, or on this Order, against any official or
employee of the District or any person executing any Bonds.
34.
Open Meeting. It is hereby officially found and determined that the meeting at which
this Order was adopted was open to the public, and public notice of the time, place and purpose of
said meeting was given, all as required by the Texas Open Meetings Act.
-22Houston 3235027v.1
PASSED AND APPROVED this 7th day of May, 2007.
/s/ Ruede Wheeler
___________________________________
Chairman, Board of Regents
San Jacinto Community College District
ATTEST:
/s/ J.D. Bruce
_________________________________
Secretary, Board of Regents
San Jacinto Community College District
(SEAL)
-23Houston 3235027v.1
ACTION ITEM “X”
RECOMMENDATION
Recommend approval of settlement agreement regarding an asserted claim.
ACTION ITEM “XI”
RECOMMENDATION
Recommend Board approval of a date for the run-off election, if necessary,
for the May 12, 2007, San Jacinto Community College District Board of
Regents/Trustees Election for position number (4).
RATIONALE
To set a runoff election date, if necessary.
None.
CONTACT PERSON
Dr. Ron Rucker, Vice Chancellor for Administration
Daniel J. Snooks, Attorney
ITEM “A”
RECOMMENDATION
Recommend Board approval of the minutes for April 2, 2007, Regular Board
Meeting.
BOARD MEETING MINUTES
April 2, 2007
The Board of Regents of the San Jacinto College District met at 7:00 p.m., Monday, April 2, 2007,
in Room 104 of the Thomas S. Sewell District Administration Building, 4624 Fairmont Parkway,
Pasadena, Texas for the regular Board Meeting.
Members
Present:
Dr. Ruede Wheeler, Chairman
Marie Flickinger, Vice Chairman
J. D. Bruce, Secretary
Dan Mims, Assistant Secretary
Wayne Slovacek
Ben Meador
Absent:
W. L. “Levi” Smallwood
Administrators:
Dr. Bill Lindemann
James Fowler
Dr. Ron Rucker
Brenda Hellyer
Dr. Charles Grant
Dr. Monte Blue
Dr. Linda Watkins
Dr. Marie Dalton
Others Present:
Sally K. Janes
Keith Hudson
Larry Logsdon
James Steen
Wanda Simpson
Paul Tate
Bill Raffetto
Susan Arscott
Ella Parker
Greg Williams
Ashley Strawmyer
Matthew Burns
Nathaniel Gomez
Eddie Weller
Deanna Robinson
Brenda Dunaway
Wayne Hall
Brook Zemel
Joe Kirkland
Kathy Knapp
Vickie Hodge
Kaitlyn Wells
Susan Muha
Richard Bailey
Valerie Barrera
Natalie Hakala
Matthew Miller
Erica Cortina
Steven Corneous
James Baker
Mary May
Teri Fowle
Gary Friery
Niki Whiteside
Clay Kelley
Sherry Jones
Vickie Huckaby
Johnny Baxter
James Braswell
Britney Samperi
Samantha Thompson
Nancy Guillan
Royce Ann Walker
Chair Dr. Ruede Wheeler called the regular meeting of the Board of Regents to order. The
invocation was given by Ben Meador and pledge was led by Wayne Slovacek.
Special
Recognitions:
Dr. Ruede Wheeler and Marie Flickinger gave an update on
Achieving the Dream.
2
Board Meeting Minutes/April 2, 2007/Page 2
Dr. Eddie Weller recognized South Campus students for awards
received at the Texas State Historical Association meeting.
Dr. Watkins recognized the election of Dr. Eddie Weller to the Board
of Directors, Texas State Historical Association. Dr. Weller
coordinates the web society on South Campus.
.
Royce Ann Walker recognized SJC Times students for awards
received at competition in San Antonio.
Dr. Sallie K. Janes recognized the Scholars Academy made possible
thru a NSF-STEP grant partnering with UH.
Communications:
Thank you from the family of Danny Snooks and Pat Dansby for
flowers sent in memory of their loved ones.
Hearing of Citizens:
None.
Informative Reports:
Report on Gifts and Grants was presented and filed for information.
The Financial Statement was presented and filed for information
Motion 7849
Resolution Delegating
Vice Chancellor of
Human Resources
Authority Described
In Section 8.07 of the
SJC 401(a) FICA
Alternative Plan
Motion was made by Wayne Slovacek, seconded by Ben Meador,
to approve a resolution delegating the Vice Chancellor of Human
Resources the authority described in Section 8.07 of the San
Jacinto College 401(a) FICA Alternative plan to process all claims
for benefits and make all determinations as to the right to receive a
distribution under the Plan and hereby ratifies, adopts and approves
the actions taken by James Fowler approving the claim for benefits
under the Plan by R.C. Simmank.
Motion carried.
Yeas:
Wheeler, Flickinger, Mims, Slovacek, Meador, Bruce
Nays:
None
Motion 7850
2006-2007 Budget
Amendment
Motion was made by Dan Mims, seconded by J.D. Bruce, to
approve an amendment to the 2006-2007 Budget for $78,689.00.
Motion carried.
Yeas:
Mims, Meador, Bruce, Flickinger, Wheeler, Slovacek
Nays:
None
3
Board Meeting Minutes/April 2, 2007/ Page 3
Motion 7851
Tuition Increase
Motion was made by Marie Flickinger, seconded by Ben Meador to
approve a $3 tuition increase per semester credit hour for both indistrict and out-of-district, and approval of a $33 increase per
semester credit for nonresident students. $1 from each increase
will be allocated for Student Success Initiatives. All increases will be
effective Fall 2007.
Motion carried.
Yeas: Meador, Mims, Bruce, Slovacek, Wheeler, Flickinger
Nays: None
Motion 7852
Motion was made by Ben Meador, seconded by Marie Flickinger, to
Implement Charge of $50 per
approve implementation of a charge of $50 semester credit hour
semester credit hour for students for students attempting the same course or a substantially similar
repeating a course for three or course for more than the second time. This charge will apply to inmore times
district and out-of-district students and will be effective for Fall
2007.
Motion carried.
Nays: None
Motion 7853
Contract with Danny Snooks Law Motion was made by J.D. Bruce seconded by Wayne Slovacek, to
Office to Collect Delinquent
reaffirm the appointment of Danny J. Snooks, Attorney at Law to
Property Taxes
collect delinquent ad valorem taxes, penalties, and interest on
behalf of San Jacinto College District. Additionally, recommend a
contract to perform such services through June 30, 2010, with three
one-year extensions based upon acceptable performance.
Motion carried.
Nays: None
Motion 7854
Amendment to Election Order
May 12, 2007 SJCD Board of
Regents/Trustees Election
Motion was made by Dan Mims, seconded by Marie Flickinger to
approve an amendment to the election order for San Jacinto
College District for the May 12, 2007 San Jacinto College District
Board of Regents/Trustees Election.
Motion carried.
Nays: None
Motion 7855
Consent Agenda
Motion was made by Ben Meador, seconded by J. D. Bruce,
to approve the Consent Agenda as follows:
A. Approval of the Minutes for March 5, 2007
B. Approval of the Budget Adjustments
C. Approval of Personnel Recommendations (Marie Flickinger
stated that recommendations should be more up to date, i.e.,
some were from January and February)
D. Approval of Faculty Contract Recommendations
E. Approval of Affiliation Agreements
F. Next regularly scheduled meeting May 7, 2007
Motion carried.
Yeas:
Bruce, Flickinger, Slovacek, Mims, Meador, Wheeler
Nays:
None
Motion 7856
Bids
Motion was made by Wayne Slovacek, seconded by J.D. Bruce
to approve the following bids:
EQUIPMENT, SUPPLIES & SERVICE BIDS
College-wide:
Interpreting Services
Alumni Data Search Services
$134,800.00
86,314.00
SUB-TOTAL OF ALL BIDS
$221,114.00
SJCD PURCHASE REQUEST FROM PREAPPROVED STATE VENDORS, SOLE
SOURCE VENDORS, CO-OPERATIVES, AND CONTACT RENEWALS
Request #1 Server Hardware
Request #2 Architectural/Engineering
Services
Request #3 Blackboard
Request #4 Conversion of Software
Support
Request #5 IIS and SACS Website
Request #6 Chemical Reactor System
Request #7 CPD Instructional Services
Request #8 CPD Consulting Service
$854,215.00
300,000.00
259,890.00
214,946.00
112,500.00
50,089.00
45,000.00
35,000.00
35,000.00
30,000.00
5
SUB-TOTAL OF PURCHASING REQUEST
$1,936,640.00
GRAND TOTAL: $2,157,754.00
Motion carried.
Yeas:
Slovacek, Mims, Meador, Wheeler, Flickinger, Bruce
Nays:
None
Strategic Items
Discussed:
None
The meeting adjourned at 7:45 p.m.
_____________________________
Chairman
_____________________________
Secretary
Date Approved:_____________
6
ITEM “B”
RECOMMENDATION
Recommend Board approval of 2006/2007 Budget Adjustments.
RATIONALE
Adjustments will be made in accordance with approved State accounting
procedures.
Budgeted
CONTACT PERSON
BUDGET ADJUSTMENTS FOR THE MAY 7, 2007 BOARD MEETING
FISCAL YEAR 2006/2007
ELEMENT OF COST
DEBIT
CREDIT
DISTRICT
INSTRUCTION
PUBLIC SERVICE
ACADEMIC SUPPORT
STUDENT SERVICES
PHYSICAL PLANT
AUXILIARY ENTERPRISES
$
$
$
$
$
$
$
2,871.00
4,876.00
350.00
-
$
$
$
$
$
$
$
30.00
102,623.00
-
INSTRUCTION
PUBLIC SERVICE
ACADEMIC SUPPORT
STUDENT SERVICES
PHYSICAL PLANT
$
$
$
$
$
$
$
5,826.00
1,050.35
43,885.00
-
$
$
$
$
$
$
$
810.00
10.00
1,010.00
4,155.35
10.00
30.00
INSTRUCTION
PUBLIC SERVICE
ACADEMIC SUPPORT
STUDENT SERVICES
PHYSICAL PLANT
$
$
$
$
$
$
$
395.00
8,695.00
24,380.00
400.00
729.24
$
$
$
$
$
$
$
60.00
10.00
430.00
14,199.24
10.00
INSTRUCTION
PUBLIC SERVICE
ACADEMIC SUPPORT
STUDENT SERVICES
PHYSICAL PLANT
$
5,057.70
$
$ 15,000.00
$
700.00
$ 34,133.00
$
$
6,087.69
$ 154,435.98
$
$
$
$
$
$
$
$
50.00
5,012.70
3,010.00
22,975.69
154,435.98
CENTRAL
NORTH
SOUTH
These adjustments reflect transfers of budgetary allocations between
campuses and departments.
CENTRAL
$
$
43,885.00 CREDIT CARD DISCOUNT FEE
43,885.00
NORTH
$
$
24,380.00
SOUTH
$
$
$
15,000.00 SUPPLEMENTAL INSTRUCTION P-T LEADER SALARY
49,133.00
ITEM “C”
RECOMMENDATION
Recommend Board approval of the attached personnel recommendations.
RATIONALE
Hiring of personnel, resignations, retirements, etc.
Budgeted
CONTACT PERSON
MEMORANDUM
TO:
Board of Regents
FROM:
Dr. William Lindemann, Chancellor
DATE:
May 3, 2007
SUBJECT:
Recommendations for Board of Regents Meeting
Attached for your approval is the personnel agenda for the May 7, 2007 Board of Regents meeting.
ITEM 1
The Chancellor recommends the offer of employment to the following:
Tina Fontenot, Instructor, Medical Laboratory Technology, Central Campus effective January 16,
2007 at a salary of $51,426.00 for a twelve (12) month contract. This salary is within the band.
Kelly Simon, Assistant Vice President, Resource Development, District effective April 12, 2007 at a
salary of $70,000.00. This salary is within the band.
ITEM 2
The Chancellor recommends the following personnel changes:
Timothy Elliott, Associate Dean, Weekend and Extension Programs, Central Campus will
discontinue stipend of $300 per month for supervision of Pasadena Town Square Mall Academic
site effective June 30, 2007.
Teri Fowle will become Interim Vice President of Marketing, District effective April 9, 2007 for a
period not to exceed six months. Ms. Fowle will receive a stipend of $300.00 per month for travel
and a stipend of $50.00 per month for phone.
Jeanie Wright will transfer from Administrative Assistant VI, President’s Office, South Campus with
a salary of $35,113.00 to Staff Coordinator, Professional Development Center, South Campus with
a salary of $37,682.00 effective April 9, 2007. This salary is within the band.
ITEM 3
The Chancellor recommends approval of the following 2007-2008 faculty contract changes:
Pam Campbell will change from a 9-month contract to a 12-month, 40-hour week contract.
Sharon George will change from a 9-month contract to a 10.5-month contract.
Martha Robertson will change from a 9-month contract to a 10.5 month contract.
Debbie Simpson-Smith will change from a 9-month contract to a 10.5-month contract.
Ann Tate will change from a 9-month contract to a 12-month, 40-hour week contract.
ITEM 4
The Chancellor submits the following resignations:
Michael Alleman, IT Project Manager, South Campus, resignation effective April 30, 2007.
Winfred Barnes, Advisor/Recruiter, North Campus, resignation effective April 13, 2007.
William Crist, Electrical Technology Instructor, South Campus, resignation effective May 14, 2007.
Doug Kosmo, Graphic Art Instructor, South Campus, resignation effective August 15, 2007.
Demetria Murray, Buyer, Purchasing, District, resignation effective May 11, 2007.
Suzanne Oliver, Physical Education Professor, South Campus, resignation effective August 15,
2007.
Brenda Quintanilla, ETSS Instructional Designer, South Campus, resignation effective April 13,
2007.
Mary Kaye Smith, Career and Employment Center Coordinator, North Campus, resignation
effective May 2, 1007.
ITEM 5
The Chancellor recommends the following Extra Service Agreements:
Karen Duston, Biology, South Campus, effective May 8, 2007 through august 31, 2007. This ESA
is grant funded.
Alison Hennessey, Aerospace Academy, District, effective May 8, 2007 through August 30, 2007.
This ESA is grant funded.
Joseph Mills, Physics, South Campus, effective May 8, 2007 through August 31, 2007. This ESA is
grant funded.
Kelly Mizell, Biology, North Campus, effective May 8, 2007 through August 10, 2007. This ESA is
grant funded.
Emmanuel Okafor, ETSS Instructional Designer, District, effective May 8, 2007 through July 31,
2007. This ESA is grant funded.
ITEM “D”
RECOMMENDATION
Recommend Board approval of the proposed 2007-2008 Faculty Contract
Recommendations.
RATIONALE
Routine annual contract renewals for faculty who continue to receive high
performance reviews.
Budgeted
CONTACT PERSON
MEMORANDUM
TO:
Board of Regents
FROM:
Dr. William Lindemann, Chancellor
DATE:
May 3, 2007
SUBJECT:
Faculty Contract Recommendations, 2007-2008
ITEM 1
I recommend your approval of the following 2007-2008 school year routine contract renewals for
faculty who continue to receive high performance reviews.
CONTRACT RECOMMENDATIONS
2007-2008
One-Year (9 Month) Contract Recommendation Unless Otherwise Indicated
Central Campus
Health Sciences Division
Associate Degree Nursing:
Thomas Mendez
Maria Miranda
Nancy Reid
Bonnie Shipferling
Zetha Warren
Claudia Whitlach
11 month
11 month
11 month
11 month
Emergency Medical Technology:
John Melton
Medical Radiography:
Phyllis Hooi
12 month, 40-hour week
Central Campus con’t
Occupational Health and Safety:
Alfred Sustaita
Surgical Technology:
Catherine Yendell
Vision Care Technology:
Carrie Campbell
Industrial Technology Division
Automotive Technology:
Romula Vela
Electrical Technology:
Michael Sims
Instrumentation Technology:
David Bourque
Services Technology Division
Cosmetology:
Levita O’Brien
Mary Perez
North Campus
College Preparatory and Education Division
Developmental Mathematics:
Joseph Simons
ITEM 2
I recommend your approval of the following 2007-2008 school year contract renewals for the
Distinguished Faculty Recognition Program – Level I. The following faculty have been
recommended and approved by the Peer Review Committee and their Associate Dean/Dean for a
multi-year contract.
MULTI-YEAR CONTRACT RECOMMENDATIONS
2007-2008
One-Year (9 Month) Contract Recommendation Unless Otherwise Indicated
Central Campus
Behavioral/Social Science and Business Administration Division
Accounting and General Business:
Merrily Hoffman
Anthropology:
Pamela Maack
Computer Information Systems:
Clara Campbell
Mike Kent
Government:
John Forshee
Psychology:
Jack Chuang
Wayne Hall
Phyllis Rundhaug
Clare Zaborowski
Sociology:
Tina Mougouris
Fine Arts and Language Arts Division
Communications:
Royce Walker
English:
Barbara Brown
Julia Jay
David LeMaster
John Thornburg
Frances Williams
Language Skills:
Gale McEnery
LeeAnn Morris
Speech:
Ava Good
Catherine Gragg
Associate Degree Nursing:
Janice DiFalco
Debra Fowler
Veronica Jammer
Yolanda Lonsford
Philisie Washington
Fire Protection:
Lynwood Dunseith
11 month
11 month
11 month
Vision Care Technology:
Debra Clarke
Mathematics, Science and Physical Education Division
Biology:
Carrie Hughes
Barbara Schumacher
Patricia Steinke
Chemistry:
Delores Aquino
Ann Cartwright
Geology:
Sharon Choens
Kristi Higginbotham
Mathematics:
Virginia Hanning
Sharon Sledge
Greg Steele
Terry Wilson
Physical Education:
Becky Lidolph
Sandra Morgan
Patti Underkircher
Remedial Mathematics:
Sherry Eska
Barbara Hughes
Terri Seiver
Services Technology Division
Child Development:
Carol Ortega
Debbie Simpson-Smith
Stasi Stewart
Cosmetology:
Peggy Barron
Danette Ehlinger
Shelly (Theresa) Rudisell
Criminal Justice:
Robyn Ring
North Campus
Business and Technology Division
Business Department:
Kevin Morris
College Preparatory and Education Division
Developmental Reading:
Colin Dalton
Myrna Gonzalez
Health Sciences and Consumer Services Division
Medical Assisting:
Diana Houston
Humanities Division
English:
Beverly Fischer
Karen Hattaway
Lorena Horton
Susan Palmer
History:
Bret Nelson
North Campus con’t
Sociology:
James Semones
Math, Science and Kinesiology Division
Biology:
Susan Lustick
Geology:
Eric Carson
Mathematics:
Deanna Robinson
Jan Wilson
South Campus
Arts and Sciences Division
Biology:
Cynthia Hoobler
Kirsten Rains
Chemistry:
Joyce Miller
English:
Greg Smith
Michael Woodson
Government:
John Bolen
Cecil Dorsey
History:
Ron Law
Eddie Weller
Language Skills:
Pat Grissom
Allyson Marceau
Mathematics:
John Anderson
Zoya Birring
Pamela Campbell
Douglas Green
Sandra McCurdy
South Campus con’t
Danielle Morgan
Martha Robertson
George Stockton
Ann Tate
Pricilla Wake
Physical Education:
Jaci Junkman
Sherry Swim
Psychology:
Cheryl Fasullo
Associate Degree Nursing (LVN to RN Mobility:
Jennifer Kelly
Licensed Vocational Nursing:
Karen Malloy
Business, Technology and Continuing Education
Accounting/General Business:
Susan Eason
Carol Wennagel
Cosmetology:
Dana Belt
Pandora Freestone
Mary Lindsey
ITEM “E”
RECOMMENDATION
Recommend Board approval of the following Affiliation Agreements:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
Affiliation Agreement between San Jacinto College North Campus
Vocational Nursing Department and Triumph Healthcare Hospital North;
Vocational Nursing Department and Kindred Hospital Bay Area;
Vocational Nursing Department and Triumph Healthcare Hospital East;
Vocational Nursing Department and Silver Springs Healthcare Center of
Houston, Texas;
Affiliation Agreement between San Jacinto College South Campus
Vocational Nursing Department and Bayside Community Hospital;
Vocational Nursing Department and Texas Children’s Hospital;
Vocational Nursing Department and Twelve Oaks Medical Center;
Vocational Nursing Department and Christus St. John Hospital;
Affiliation Agreement between San Jacinto College South Campus Physical
Therapist Assistant Program and Hope Rehab Katy Operating, Ltd.;
Therapist Assistant Program and Triumph Hospital Clear Lake
Therapist Assistant Program and Christus St. John Sports Medicine
Program;
Pharmacy Technician Program and Kindred Hospital Bay Area;
Affiliation Agreement between San Jacinto College Central Campus Vision
Care Technology Department and University of Houston College of
Optometry;
Affiliation Agreement between San Jacinto College Central Campus
Emergency Medical Technology Department and Fort Bend County, Texas;
Emergency Medical Technology Department and American Medical
Response, Inc.;
Associate Degree Nursing Program and TH Healthcare, Ltd., dba Park
Plaza Hospital and Medical Center; and
Associate Degree Nursing Program and Triumph Hospital-Baytown.
RATIONALE
The Affiliation Agreements were reviewed by the College Attorney
None
CONTACT PERSON
Daniel J. Snooks, Attorney
ITEM “F”
RECOMMENDATION
The next regularly scheduled meeting of the Board of Regents will be on
June 4, 2007.
ACTION ITEM “XIII”
Presentation of Bids
DISTRICT-WIDE BID RECAP
May 7, 2007
CONSTRUCTION PROJECTS
North Campus:
Primary Feeder Replacement (pg. 3-7)
$338,870.00
Central Campus:
Pipe Installation & Walkway Ceiling (pg. 8-12)
$618,496.00
South Campus:
Longenecker Admin. Lobby - South Wing Renovation (pg. 13-17)
SUB-TOTAL OF CONSTRUCTION PROJECTS
$249,200.00
51,206,566.00
EQUIPMENT, SUPPLIES & SERVICE BIDS
South Campus:
Cleaning & Sealing of Administration Bldg. (pg. 18-21)
$36,793.00
SJCD PURCHASE REQUEST FROM PREAPPROVED STATE VENDORS,
SOLE SOURCE VENDORS AND CO-OPERATIVES
Purchase Request # 1 - Gym Equipment (pg. 22)
$99,871.00
GRAND TOTAL 51,343,230.00
2
Phone: (281) 998-6120
Fax: (281) 998-6186
4624 Fairmont Parkway, Suite 207
Pasadena, Texas 77504
San Jacinto CoDege District
Construction Program
San Jacinto College District
Building Committee to Board ofRegents
Date:
May 7, 2007 Regarding: Project # 722704 - North Primary Feeder Replacement - Tunnel
Bid # 07-28- Recommendation to Award Agreement
In accordance with the Construction Program in January 19, 2007 ACR Engineering Inc, began working to
produce a design for North Primary Feeder Replacement - Tunnel project. This design was completed and
released for competitive sealed proposals in April of this year. A Pre-Proposal Meeting for interested contractors
was conducted on April 17, 2007 and Competitive Sealed Proposals were received and opened on Apri125, 2007.
One contractor submitted their Competitive Sealed Proposal. A letter from ACR Engineering, Inc. that
summarizes the proposal is attached.
.
Subsequent to the receipt of requested information from Texan Electric, ACR Engineering Inc. and Owner
evaluated the proposal based on the criteria that bad been published with the proposal documents. Based OD. the
completeness of the proposal and the current status of costs for materials it was determined that Texan Electric
submitted a proposal that offered the best value to the San Jacinto College District.
Therefore, ACR Engineering Inc. and the San Jacinto College District Administration, are in agreement in
recommending to the Board of Regents' Building Committee that the award of this agreement be made to Texan
Electric for the North Primary Feeder Replacement - TUDnel project in the amount of $338,870.00
Should you haveany questions, or desire additional information, please feel free to contact me.
Sincerely,
Dr. Ron Rucker
3
North - Primary Feeder Renovation
Weigted Criteria '
Bid ID: 1107-28
Project ID:722704
E",atiOD or CrIteria
Criteria
Proposed construction contract amount (base price
Proposed amount of the base bid .
and aU alternates). Lower amount equates to a higher
and each alternate.
score.
Proposed Length of Construction
TIme.
Reputation of the Contractor
Reputation of primary
Subcontractors
Experience
Safety
Contractors Work Plan
Financial stability and bonding
capacity
Value Engineering
25
Proposed conb act construction time ecpressed in
calendar days. Lesser duration equates to a higher
score.
References from project Owners and
ArchitectlEngineers on projects of similar size. scope.
and value. References to inctude comments regarding
budgeting. scheduling. reporting. communicating.
responsiveness. abilitylwillingness to provide the
appropriate resources (personnel and equipment) to
assure project completion by the contractual
completion date. Proposer to include a record of all
claims and litigation experienced overthe past five
years with Owners and/or ArchitectslEngineers.
Positive comments equateto a higher score.
References from other General Contractors, project
Owners and ArchitectlEngineers on projects of similar
sizea scope. and value. References to include
comments regarding budgeting. scheduling. reporting.
oommunicationg. responsiYenessJ and the
abilitylwillingness to provide the appropriate resources
(personnel and eqUipment) to assure prioject
completion by the contractual completion date.
Proposerto includea record of all claims and litigation
experienced overthe past five years with other General
Contractors. Project Owners, and Jar
Architects1Engineers. Positive comments equateto a
higher soare.
Relevant and recent successful experience with
projects of similarsize. scope. complexity and value.
Positive experiences equate to a higher scare.
Quality of Contractors written Safetyand Drug/Alcohol
Policy. Contractors current Workmen's Compensation
Modifier. Number of Lost Time Incidents during the
past five years and the associated total number of lost
days. Numberof OCCupational Safety and Health
Administration citations received during the past five
years. Positive policies, lovver modifier. lower number
of incidents and lost days. and lower number of
citations equate to a higher score.
10
10
5
15
5
Quality and clarity of the Contractors Work Plan, to
include office, staging, and lay-dC1lN.rt areas.
Demonstration of Contractors sensitivity to ongoing
college operations and abilityto accommodate the tiein schedules for new construction. Demonstrated
quality, clarity. and sensitivity to equateto a higher
score.
Project Personnel
Weight Factor
Qualifications of the proposed project personnel to be
assigned to the project. Level of commitment to deliver
additional personnel and/or replace problematic
personnel as needed. Greater qualifications and level
of commitment equatetop a higher score.
Number of years in business, and last three years
audited financial statements. Single project limit,
aggregate projects limit, and remaining bonding
capacity prior to award of this project. Greater financial
stability and greater bonding capacity equate to a
'higher score.
auality of Contractors proposed value engineering
suggestions to reduce costs. increase quality. and lor
reduce contracted construction time. Quality of
suggestions eQuate to a higher score..
15
5
5
5
100
4
April 25, 2007
Final Rankings
Project 10: 722704
Bid #07-28
Texan Electric
Greater Texas Electric
338,870
No Pro osal
5
April 25, 2007
Proposal Tabulation Sheet
Bid #: 07·28
Project 10: 722704
~;;;;..:,.~ j;; .' ',::"0 "J'!,ii. ~'::,k; .::;:):!::::$o~·:;:(~":f;~:t;;;~, :': j" ~ ~ ~ c ; ; : ~ . t~~ %'~~ , .~~~~ "'~~\~ "~~:,\:~~~~ ~;.,,* •. ~ ..~""'\ ~~~
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.. '--...
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~-~, .{:>(:,.~~~::"b- ii' ..
$'
~"" ~
t
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:!--
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Yes
Bond
1
Addenda
75
Days
Alternate 1
51,200
287,670
Base Proposal
Grand Total
y
, \.. ~._.:-1)~~'{'~'#_
No Proposal
338,870
6
ACR ENGINEERING, INC.
907 S. Congress Ave.
Aus'Un, TX 78704
Tel: 512/440-8333
Fax: 5121440-8328
.- ~!-:-
-c. ;,
~
."
..
::' .: _.
.
_....
::::-~
.
.A.pI;] 25, 2007
Mr. Larry Logsdon
Director of Construction
'
Subject:
Proposals for Primary Feeder Replacement -North Campus
Dear Larry:
\Ve recommend accepting the proposal submitted by Texan Electric for the project
referenced above, regardless of the fact that we only received one proposal. Our reasons
for accepting rheir proposal are summarized below:
1. Texan Electric is a reputable contractor that has done excellent work for San Jacinto
College in the past, and is particularly knowledgeable of the conditions at the North
Campus, where they have done much ofrhe primary electrical work in the past under
subcontract to others. As prime contractor, Texan Electric has done work associated
with electrical system renovations at the ~.fcCollum Administration Building: ill the
Central Campus. We have never had problems 011 their projects.
?
The total cost proposed by Texan Electric is $338,870, which includes a $50,000
contingency allowance and $51,200 for Alternate Proposal #1. The. total budgeted
amount for this project is $350,000, but we were uncertain this ,\\'o111d accommodate
Alternate # 1, which includes replacing the (old, but not as old) feeders to the Library
Building.
...
3. Texan Electric provided a complete proposal response and based on OlU· past
experience with them, we have full confidence in their ability t.o successfully
complete the project. They have proposed a construction period that is shorter than
required by OUf specifications, and will help Il)jnimi ze dismption to College
operations.
4. Given the volatility of copper prices (mostly up) associated with wiring, we are
concerned that delaying award or requesting additional proposals may actually result
in increased project costs.
5. Greater Texas Electric attended the Pre-Proposal Conference and Walk-Through for
the project, bur did not submit a proposal. I have contacted him to request a letter
expressing reasons for not proposing, since they have also done good work for the
College in the past.
6. The work involved in this project is highly specialized (due to high voltages and site
constraints), and having an understanding of the existing installation, as Texan
Electric does, will be extremely useful in avoiding problems. Films that do "typical'
electrical installation work may not be well stilted for this project.
Please let me know if you need additional input from 11S.
Sincerely,
Ricardo Troncoso, P.E.
Vice President, ..~CR Engineering, Inc.
7
Phone: (281) 998-6122
Fax: (281) 998-6186
Pipe Re-Insulation and Walkway Ceiling
Central Campus
Building Committee to Board of Regents
Date:
April 25, 2007
Regarding:
Project # 721706- Pipe Re-Insulation and Walkway Ceiling, Central Campus
Bid # 07-25 - Recommendation to Award
In the winter of 2007, ACR Engineering Inc. began working to produce a design for the re-insulation of the hot and
chilled water piping located in the covered walkways on Central Campus and to replace the walkway ceiling. This
design was completed and released for competitive sealed proposals in April of this year. A Pre-Proposal Meeting
for interested contractors was conducted on April 17th, and Competitive Sealed Proposals were received and
opened on April 25, 2007. Three contractors submitted their Competitive Sealed Proposals. A Proposal Tabulation
that summarizes those proposals is attached.
Subsequent to the receipt of requested information from the three (3) contractors, ACR Engineering, Inc. and
Owner began the process of evaluating and ranking the proposals based on the evaluation criteria that had been
published with the proposal documents. When the evaluation process concluded the scores were tabulated and it
was determined that Building Specialties Inc. submitted the Competitive Sealed Proposal that offered the best value
to the San Jacinto College District. The scoring and ranking results are attached.
Therefore, ACR Engineering Inc. and the San Jacinto College District Administration are in agreement in
recommending to the Board of Regents' Building Committee that the award of this agreement be made to Building
Specialties Inc. for the pipe re-insulation and walkway ceiling in the amount of $618,496.00. (See Page 11)
Should you have any questions, or desire additional information, please feel free to contact me.
Sincerely,
Dr. Ron Rucker
Encls: as
8
Pipe Relnsulation and WalkwayCeHing
Weigted Criteria
Bid 10: #07-25
Criteria
Project 10:721706
Explanation of Criteria
Proposed amount of the base
bid
Proposed construction contract amount base proposal.
Lower amount equates to a higher score.
Proposed Length of
Construction
Proposed contract construction time expressed in
calendar days. Lesser duration equates to a higher .
score. Time stated must be supported by the Work Plan.
Reputation of the Contractor,
Contractors experlene and
quality of performance on
previous jobs.
References from project owners and architect/engineers
on projects of similar size, scope, value and completity.
Contractor to be evaluated to determine that he has the
skill subsets to lead subcontractors, and to work with
College Physical Plant personnel to solve problems
unique to this project vs.cut and dried new construction.
Positive comments equate to a higher score.
Sub-Contractor's relevant and recent successful
experience with projects of similar size, scope,
complexity and value. Positive experiences equate to a
Subcontractor's experience and
higher score. Provide resume of key personnel and
example of recent projects of similar size and scope.
previous projects
Will look to see if Ceiling Contactor has completed
quality work in the outdoor environment.Positive
comments equate to a higher score
Project Personnel
Work Plan
Qualifications of the proposed personnel to be assigned
to the project. Greater qualifications and level of
commitment equate to a higher score. Provide resumes
of key individuals who will be responsible leading and
directing work accomplishment, include specific projects
worked on.
Quality and clarity of the Contractors Work Plan, to
include office, staging, lay-down areas and time
sequencing of events and phases. Indicate in the
sequence of work the amount of manhours necessary to
perform the work. Demonstration of Contractors
sensitivity to ongoing college operations. Times and
resources assigned to each event must in aggrigate
support the previously stated "Proposed Length of
Construction". Demonstrated quality, clarity, and
understanding of project scope and complexity equate to
a higher score.
Weight
Factor
25
15
20
10
10
20
100
9
Pipe Relnsulation and Walkway Ceiling
April 25, 2007
Final Rankings
Project 10: 721706
Bid #07-25
•
Rank
1
2
3
Weighted
Score
Building Specialties Inc.
858.75
Construction Masters of Houston
789.17
Blue Northern Airconditioning Inc.
695.83
Contractor
Proposal
622,851
767,168
834,008
10
San Jacinto College Dlstrlct
Pipe Relnsulatlon and Walkway Ceiling
April 25, 2007
Bid #: 07·25
Project 10: 721706
Contractor
Bond
Addenda
Days
Alternate 1
Base Proposal
Grand Total
Building
Specialties Inc.
Construction
Masters of
Houston Inc.
Blue Northern
Airconditioning
Inc.
X
X
X
X
X
X
90
104,035
120
285,868
90
250,700
518,816
622,851
481,300
767,168
583,308
834,008
* In the negotiation process with the Contractor, the metal ceiling grid that was priced in Alternate 1 was replaced with
Armstrong Ceramaguard. This decision provided a 30 year manufacturer's warranty and a 5 year installers warranty.
The price for the Cermaguard alternate is $99, 680, a cost reduction of $4,355.00.
With this recommended change, the total cost of the project becomes:
Contractor Building Specialties, Inc.
Alternate 1
$99,680.00
Base Proposal
$518,816.00
Grand Total
$618,496.00
11
Competitive Sealed Proposals
Project Evaluation Summary
Project: Pipe Relnsulation and Walkway Ceiling
Project 10: 721706
Ex lanation of Criteria
Criteria
Proposed amount of the
base bid
150.00
Proposed Length of
Construction
142.50
142.50
Reputation of the
Contractor, Contractors
experiene and quality of
performance on previous
jobs.
173.33
173.33
Subcontractor's experience
and quality of performance
on previous projects
78.33
76.67
Project Personnel
85.00
86.67
Work Plan
173.33
66.67
Total Weighted Scores
Rank
858.75
1
789.17
2
Proposed construction contract amount base
proposal. Lower amount equates to a higher
score.
Proposed contract construction time
expressed in calendar days. Lesser duration
equates to a higher score. Time stated must
be su orted b the Work Plan.
References from project owners and
architect/engineers on projects of similar
size, scope, value and completity.
Contractor to be evaluated to determine that
he has the skill subsets to lead
subcontractors, and to work with College
Physical Plant personnel to solve problems
unique to this project vs.cut and dried new
construction. Positive comments equate to a
hi her score.
Sub-Contractor's relevant and recent
successful experience with projects of similar
size, scope, complexity and value. Positive
experiences equate to a higher score.
Provide resume of key personnel and
example of recent projects of similar size and
scope. Will look to see if Ceiling Contactor
has completed quality work in the outdoor
environment.Positive comments equate to a
hi her score
Qualifications of the proposed personnel to
be assigned to the project. Greater
qualifications and level of commitment
equate to a higher score. Provide resumes of
key individuals who will be responsible
leading and directing work accomplishment,
include specific rojects worked on.
Quality and clarity of the Contractors Work
Plan, to include office, staging, lay-down
areas and time sequencing of events and
phases. Indicate in the sequence of work the
amount of manhours necessary to perform
the work. Demonstration of Contractors
sensitivity to ongoing college operations.
Times and resources assigned to each event
must in aggrigate support the previously
stated "Proposed Length of Construction".
Demonstrated quality, clarity, and
understanding of project scope and
com lexi equate to a hi her score.
695.83
3
12
Phone: (281) 998-6120
Fax: (281) 998-6186
San Jacinto CoDege District
Construction Program
Building Committee to Board of Regents
Date:
May 7; 2007
Regarding:
Project # 723703 - Longenecker Administration Lobby I South Wing Renovation
Bid # 07-24 - Recommendation to Award Agreement
In accordance with the Construction Program in March of 2007 Bay Architects began working to produce a design
for the Longenecker Administration Lobby I South Wing Renovation at South Campus. This design was completed
and released for competitive sealed proposals in April of this year. A Pre-Proposal Meeting for interested
contractors was conducted on April 10, 2007 and Competitive Sealed Proposals were received and opened on April
19, 2007. Two contractors submitted their Competitive Sealed Proposals. A Proposal Tabulation that summarizes
those proposals is attached.
Subsequent to the receipt of requested information from the two contractors, the Architect and Owner began the
process of evaluating and ranking the proposals based on the evaluation criteria that had been published with the
proposal documents. When the evaluation process concluded the scores were tabulated and it was determined that
Construction Masters of Houston, Inc submitted the Competitive Sealed Proposal that offered the best value to the
San Jacinto College District. The scoring and ranldng results are attached.
Therefore, Bay Architects and the San Jacinto College District Administration, are in agreement in recommending
to the Board of Regents' Building Committee that the award of this agreement be made to Construction Masters of
Houston, Inc. for the Longenecker Administration I South Wing Renovation at South Campus in the amount of
$249,200.00.
Shouldyou have any questions, or desire additional information, please feel free to contact me.
Sincerely,
Dr. Ron Rucker
13
South-Longenecker Lobby and South Wing Renovation
Weigted Criteria
Bid 10: .. 07-24
Criteria
Project ID:723703
Explanation of Criteria
Proposed construction contract amount base proposal.
Lower amount equates to a higher score.
Proposed contract construction time expressed in
Proposed Length of Construction
calendar days and Section AN Contractor's
time and proposed Project
Management Plan, Lesser duration equates to a
Mana:gement Plan
higher score.
References from project owners and
architect/engineers on projects of simUar size. scope.
Reputati:on of the Contractor
and value. Positive comments equate to a higher
score.
Contractor's relevant and recent successful experience
with projects of simnar size, scope, complexity and
Contractor's Experience and quality
value. Positive experiences equate to a higher score.
of performance on previous projects
Previous positive results at San Jacinto College wUI
result in a hiaher score.
Proposed amount of the base bid
and each alternate
Safety record
Project Personnel
Proposers reputation of closing out
the project in a reasonable time
Iperiod
Quality of Contractors written, Safety and Drug/Alcohol
PoHcy. Contractors current Workmens Compensation
Modifier. Number of Lost Time Incidents during the
past five years and the associated total number of lost
days. Number of Occupational Safety and Health
Administration citations received during the past five
years. Pos.itive policies. lower m'odifier, lower number
of incidents and lost days, and Jower number of
citations equate to a higher score.
Qualifications of the proposed project personnel to be
assigned to the project. Greater qualifications and
level of commitment equate to a hlgher score.
Weight Factor
25
15
25
15
S
10
Submission of alf Closeout Documents as specified in
Section 01770 Closeout Procedures
5
100
14
April 19, 2007
Final Rankings
Project ID: 723703
Bid # 07·24
-
~,~
~~'~~F:~ ~~~'~:: ~~f~-~f~~~~ #~~:t ~y~
r:
.
:~f: ~ ~,",'.:- ""~'h~ ,~", ,~~~. '
Er'~:~,c,'~.i'.'·· .
:{.;:;: ':'''~~~~'.''''''
•...
<.~:t:}, ~'.~
: '~<,"~::' ,~;::::~;:>."\L·':_ .:~:.;
~ ~J.',<',.-
1
Cons1ruction Masters of Houston
940.00
249,200
2
Hull & Hull, Inc
866.00
282,860
Hamilton I Lummus Construction
0.00 No Pro osal
Urban Constructors
0.00 No Pro osal
15
San Jacinto College District·
April 19, 2007
Project 10: 723703
Bid #: 07-24
~
Bond
Yes
Yes
Addenda
1,2
1,2
Days
90
135
Alternate 1
49,700
65,768
217,092
Base Proposal
199,500
Grand Total
249,200
No Proposal
No Proposal
No Proposal
282,860
No Proposal
16
Competitive sealed Proposals
fmject Evaluation Summa~
Project: South-Longenecker Lobby and South WIng RenovaUon
Project 10: 723703
Ex
ation of Criteria
Proposed construction contract amount base
proposal. Lower amount equates to a higher
Criteria
Proposed amount dthe
base bid and each altemate
210.00
250.00
score.
Proposed Length of
Construction time and
proposed Project
Mana ement Plan
150.00
126.00
Reputation of the Contractor
225.00
220.00
Contractor's Experience and
previous projects
135.00
135.00
Proposed contract construction time
expres$8d in calendar days and Section AN
Contmcto(s Management Plan. Lesser
duration equates to a hi her score.
; References from project owners and
architect/engineers on projects of similar size,
"';;'-"V;;:oiI'scope. and value. Positive comments equate
to a . her score.
:: Contractofs relevant and recent successful
'I experience with projects of similarsize. scope.
'1 complexity andvalue. Positive experiences
; equate to a higher score. Previous positive
resuIIs at san Jacinto College will result In a
..
score.
Safety and
1<·,~;;·:·;F>;;;:'; '..o·;.;;.?·::.;l,<:r!l DruglAicohol Policy. Contractors current
. . Workmens Compensation Modifier. Number
of Lost TIme Incidents duringthe past five
, years and the associated total number of lost
days. Number ~ Occupational Safety and
'.' :;i,,"'" ,·,·,tI Health Administration citations received
. dUring the past five years. Positive policies.
lower modifier. lovver number of incidents and
lost days, and tower number of citations
uate to a h· her score.
Qualifications of the proposed project
I.."-"""?'-:'/;' 'i'~J.<'~'·;:e:;\I personnel to be assigned to the project.
, Greater qualifications and level of commitment
:"",,;.,:,;,.;;,":.:,;,,'1
uate to a h' her score.
.:\>~'L:;;;'Z,;i;zJ Quality of Contractors written
r
Safety record
45.00
45.00
Project Personnel
90.00
86.00
Proposers reputation of
closing out the project in a
reasonable time riod
Rank
,,-?>~:f-':~ :.~~~<,,;;)~J;:~);_<> ~::';-:\~-; i
45.00
t·;";:~::~i.t;kf1
940.00
0.00
1
44.00
111.00
2
0.00
17
Invitation for Bid
# 07-23
Cleaning ISealing Exterior Buildings
May 7, 2007
Total 536,793
The purpose of this Bid is to provide cleaning and sealing services to the exterior of the
administration building on the South Campus. These services include cleaning, sealing
and the removal of mold and mildew.
Restoration Services is the recommended vendor. They are currently contracted with the
College for other services and have done excellent work. This job will be completed
within 30 days after receiving the order.
Don Netherton, Director ofPhysical Plant is responsible for this request. Funds for this
expenditure will be provided through the Maintenance Department's 06-07operating
budget.
Contact Persons:
Don Netherton
Jay Morris
Paula Wohnoutka
18
Project Info
Project Title:
Proposal Opening Date:
Criteria
Bid 07-23 Cleaning/Sealing Exterior - SC
Wednesday, April 18, 2007
EXDlanation
Weiaht
Proposed Base Price
Proposed project amount base price. Lower
amount equates to a higher score.
35
Scope of Services and Insurance
Requirements
Compliance to the Scope of Services and Insurance
Certification is required. Substantial compliance
equates to higher score.
25
Project Personnel
Qualifications of the proposed project personnel to
be assigned to the project. Greater qualifications
equate to a higher score.
20
Responding party's relevant and recent successful
experience with projects of similar size, complexity
and value. Positive experiences equate to a higher
score.
20
Qualifications of the Firm
100
19
Bid 07-23 Cleaning/Sealing Exterior - SC
April 18, 2007
Final Rankings
Rank
1
2
3
4
5
Contractor
Restoration Services
Butch's Waterproofing, LP
Liquatech
American Waterproofing, Inc.
F.W.Walton, Inc.
Weighted
Score
950.00
850.11
849.04
794.25
635.00
Proposal
s
$
$
$
$
36,793
59,200
59,440
71,730
107,452
20
-
Request for Proposal
Project Evaluation Summary
Protect: Bid 07·23 Cleanin ISealin Exterior· SC
Wei hted Scores
Criteria
Ex lanatlon of Criteria
Proposed Base Price
250.11
249.04
194.25
35.00
Scope of Services and
Insurance Requirements
233.33
233.33
233.33
233.33
Project Personnel
180.00
180.00
180.00
180.00
Qualifications of the Firm
186.67
186.67
186.67
186.67
850.11
849.04
3
794.25
635.00
5
Rank
950.00
1
2
4
Proposed project amount base price.
Lower amount e uates to a hi herscore.
Compliance to the Scope of Services and
Insurance Certification is required.
Substantial compliance equates to higher
score.
Qualifications of the proPosed project
personnel to be assigned to the projet.
Greater qualifications equate to a higher
score.
Responding party's relevant and recent
successful experience with projects of
similar size, complexity and value. Positive
e eriences e uate to a hi her score.
PURCHASE REQUEST # 1
May 7, 2007
Total $99,871
This is a request to purchase gym equipment and accessories for the North Campus
Gymnasium. This purchase will include the installation of wall attached telescoping
bleachers, demolition and disposal of existing bleachers, replacement of backboards with
new glass backboards, safety pads, cables, safety straps, winches and rims. In addition,
the purchase will include refinishing the gym floor and replacing the floor logo at center
court. The current equipment is dilapidated due to years of usage and poses a safety
hazard.
This equipment and service was competitively bid by the BuyBoard, a purchasing
cooperative and the contract was awarded to Key Enterprises. The BuyBoard is a
purchasing cooperative administered by the Texas Association of School Boards (TASB).
The Board of Regents approved the usage of the BuyBoard cooperative during August
2006 meeting. Because this purchase satisfies the State of Texas bidding requirements as
provided in section 44.031 and of the Texas Education Code and 791.025 of the Texas
Government Code, we recommend the purchase of this equipment without bidding. The
solicitation of this purchase was initiated through Quote # 07-37-2.
The contract term for this project is approximately four months with August, 2007 as the
target completion date.
This expenditure is funded through Capital Improvement Projects (CIP). Don Netherton,
Director of Physical Plant is responsible for the request.
Contact Person:
Don Netherton
Jay Morris
Demetria Murray
22

Board of Regents Meeting

Transcription

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