Merced Community College District Board of Trustees meeting … · 2018-08-15 · 4. Resume Public Session The public session reconvened at 6:04 p.m. in the Margaret Randolph Board

UNAPPROVED Merced Community College District

Board of Trustees meeting held March 6, 2012

1. Public Session Call to Order

The Board President (Eugene Vierra) called the meeting to order at 5:00 p.m. The meeting was held in the Margaret Randolph Board Room on the Merced College Campus in Merced.

2. Hearing of the Public An opportunity was provided for members of the public to address the Board on matters of general district business. No one addressed the Board.

3. Closed Session Items The Board President referenced the item to be presented during closed session then closed the meeting to the public. The closed session items are listed below.

• PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE, Government Code Section 45957

• CONFERENCE WITH DISTRICT LABOR NEGOTIATOR, Benjamin T.

Duran, Negotiations with CSEA Chapter 274 regarding tentative agreement and completion of negotiations for the period July 1, 2010, through June 30, 2013. Government Code Section 54957.6.

• CONFERENCE WITH DISTRICT LABOR NEGOTIATOR, Benjamin T. Duran, Negotiations with MCFA Chapter 770 regarding tentative agreement and completion of negotiations for the period July 1, 2009, through June 30, 2012. Government Code Section 54957.6

• CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 16570 Mercey Springs Road, Los Banos, CA Agency Negotiator: Benjamin T. Duran/Mazie Brewington Negotiating Parties: Los Banos Unified School District Under Negotiation: Sale of surplus property

4. Resume Public Session The public session reconvened at 6:04 p.m. in the Margaret Randolph Board Room on the Merced College Campus in Merced. Members Present: Eugene J. Vierra, Lew Braxton, Les McCabe, Dennis Jordan, Cindy Lashbrook, Student Trustee Sean Kilby Members Absent: Robert Haden, Jinet Troost Others Present: Benjamin T. Duran, Marianne Tortorici, Mazie Brewington, Anne Newins, Keith Law (MCFA), Leonel Villareal (CSEA), Marie Bruley (Academic Senate), Cherie Davis (Management Team), Julie Clark, Bryan Tassey, Andrew

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Codd, Bobby Anderson, Michelle Pecchenino, Stacey Hicks (Recording Secretary) Trustee McCabe led the Pledge of Allegiance. Board President Vierra reported out of closed session the Board voted unanimously to reassign the Dean of Student Services, Special Programs to the position of Director of Extended Opportunity Programs and Services.


6. Additions and/or Changes to the Agenda None.

7. Presentations a. March Student of the Month

Julie Clark introduced Professor Bryan Tassey. He nominated Andrew Codd as the February Student of the Month.

Professor Tassey said he is an outstanding student and is very involved as a work study student in the vegetable garden. He has a 4.0 GPA. Andrew thanked Professor Tassey for the nice comments. He enjoys being a student here and knows it is preparing him to transfer and further his education.

b. Board Education – Foods and Nutrition Program Dr. Tortorici introduced Dean Bobby Anderson. Dean Anderson introduced Professor Michelle Pecchenino who teaches foods and nutrition. Professor Pecchenino gave a presentation that provided information on the program’s activities, upgrades in the lab, students, goals of the classes, and the future of the program. She gave information on the foods and nutrition event coming up in May.

8. Consideration of Consent Agenda Trustee Lashbrook pulled item e. Resolutions 12-69 through 12-73, Intrabudget Transfers MSC (Braxton/Lashbrook) to approve the consent agenda items as summarized below. The student advisory vote was aye.

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a. Minutes for Meeting held February 7, 2012 b. Minutes for Meeting held February 21, 2012 c. Contracts as Summarized on Schedule 12-37 d. Warrants, Payroll Registers and Trip Requests as Summarized on

Schedule 12-38 f. Resolutions 12-74 through 12-78, Use of Unbudgeted Funds g. Personnel Schedule 12-39 h. Purchase Orders as Summarized on Schedule 12-40 i. Curriculum Revisions as Listed on Schedule 12-41 j. Donation

Trustees Lashbrook, Jordan, and McCabe asked questions regarding item e. Vice President Brewington, Dr. Duran, and Dean Karyn Dower addressed their questions. MSC (Lashbrook/Braxton) to approve item e. Resolutions 12-69 through 12-73, Intrabudget Transfers. The student advisory vote was aye.

9. To the Board for Discussions and/or Action

a. Granting of Tenure Drs. Tortorici and Newins introduced the professors who are eligible for tenure and provided background information on each candidate. MSC (Braxton/Jordan) to grant tenure to April Adrian, James Bryan, Cary Coburn, Nathan Devine, Shelley Donnelly, Svetla Gargova, Michelle Gilardi, Pamela Huntington, Megan Igo, Kathleen Kanemoto, Taylor Lankford, Brandon Leonard, Patrick Mitchell, Joel Murphy, Dennell Smith, and Margaret Withers. The student advisory vote was aye. A short break was taken so the Board could congratulate the tenured faculty.

b. Tentative Agreement with CSEA Dr. Duran stated the tentative agreement being proposed was reviewed in closed session and the Board ratified it by a unanimous vote during closed session. He thanked everyone involved in the negotiations for their hard work in strengthening the agreement. CSEA is reviewing the agreement with their field representative and hopes to put it to a vote to their members soon.

c. Sale of Surplus Property (Los Banos Mercey Springs Road Property) to Los

Banos Unified School District MS (Jordan/Braxton) to grant administration the authority to sell surplus property to Los Banos Unified School District and approve the resolution authorizing the sale of said property. The student advisory vote was aye.

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It was later determined this action requires the unanimous vote of the full Board. Due to this fact, this item will be taken to the Board at the next meeting.

d. Women’s History Month Dr. Duran said this is a resolution brought to the Board each year to honor and celebrate Women’s History Month. MSC (Braxton/McCabe) to approve the resolution to acknowledge March as Women’s History Month at Merced College. The student advisory vote was aye.

10. To the Board for Information a. Board Development & Education – Accreditation Update

Dr. Newins said the Board received the third draft of the report. Robin is working to get the final draft done and in the mail to the Commission on Friday or Monday. The Board will be given a copy of the final report when it is ready. Campus accreditation forums have been held and approximately 150 staff members total attended. We still have not been given a date for the follow-up visit. Our annual report is due at the end of March. We are required to submit a report in the fall to address if we have reached proficiency in student learning outcomes. A total of 75 people have signed up to attend responsible committee representative trainings with Matthew Lee later this month. Anne stated she plans to have training on collecting and posting evidence.

b. Community Member Applications to Serve on the CEO Search Committee

Board President Vierra said we have received 12 additional applications. Copies of those applications were given to each Trustee tonight. The process to determine which applicants will be added to the CEO Search committee will be discussed at a special meeting to be held on Monday, March 12 at 4:00 p.m.

13. Reports a. From Board Members

Student Trustee Kilby informed the Board his brother, who was a past Student Trustee, enlisted in the Army and went to boot camp last Sunday. Students are asking for Board Policy 2431 to be changed to include a student representative on the CEO search committee in the future. Trustees McCabe had nothing to report. Trustee Jordan was happy to see the new microphone at the podium.

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Trustee Lashbrook enjoyed seeing all faculty who were granted tenure tonight. Trustee Braxton congratulated the March student of the month and faculty who were granted tenure. He stated he agrees with Student Trustee Kilby and wants the Board to revise the policy. He thanked Dr. Newins and Robin Shepard for their work on accreditation. Trustee Vierra recognized the upcoming CCCT elections. That item will be on the April agenda. He brought attention to an article in the San Francisco Chronicle that addressed trustees at San Francisco City College being paid their stipend even if they don’t attend meetings. He wanted to assure everyone that does not occur at Merced College. The next regular meeting will be in Los Banos on April 17.

b. From Academic Senate Marie Bruley said there is a lot of work being done around accreditation. A Program Review handbook is being developed. The integrated planning process is being reviewed and progress is being made. The non-smoking resolution passed by Academic Senate is being discussed at College Council. April is part-time faculty appreciation month and a presentation will be given at the April meeting.

c. From Faculty Association Marie Bruley reported for Keith Law. He wanted to thank Trustees Braxton and Jordan for meeting faculty for dinner last month. The tentative agreement was adopted by the faculty. April is part-time faculty appreciation month. MCFA is planning events for that month and invite Trustees to participate.

d. From Classified Senate There was no one present to report.

e. From CSEA Leonel Villareal thanked the Board for ratifying the tentative agreement with CSEA. They will meet with their field representative tomorrow to review the agreement. The week of May 21 is CSEA week and Wednesday of that week will be the barbecue lunch in Aggie Park.

f. From Management Team Cherie Davis shared that the Management Team has been busy with budget planning and class scheduling. Executive leadership workshops have been held and Dean shadowing is upcoming. Management has been very involved in grant writing and procurement of grants for the District. The bravo award will be given to Robin Shepard this Thursday for his tireless work in the

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writing of the accreditation follow-up report. He has also developed and published the Campus Digest.

g. Superintendent’s Report Dr. Duran shared a letter from Nathan Johnston-Chiszar with the Program for Infant Toddler Care stating our Child Development Center will be recognized as the newest PITC demonstration program. The recognition ceremony will take place on March 28 from 2:00 p.m. to 4:00 p.m. at our Child Development Center and he invited the Board to attend. This is ironic in light of some challenges we are possibly facing regarding funding for child development. He provided the report on community colleges from the Little Hoover Commission for the Board’s information. Dr. Duran did testify before the Commission. Chancellor Jack Scott has announced his retirement.

14. Future Discussion Items from Board Members Trustee Braxton would like the Board Policy on the CEO selection to be reviewed at a Board workshop.

15. Second Closed Session A second closed session was not needed.

The meeting was adjourned at 7:34 p.m. Approved

Secretary to the Board of Trustees

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UNAPPROVED Merced Community College District

Board of Trustees meeting held March 12, 2012

1. Public Session Call to Order

The Board President (Eugene Vierra) called the meeting to order at 4:10 p.m. The meeting was held in the Margaret Randolph Board Room on the Merced College Campus in Merced. Members Present: Eugene J. Vierra, Robert Haden, Jinet Troost, Lew Braxton, Les McCabe, Dennis Jordan, Cindy Lashbrook Members Absent: Student Trustee Sean Kilby Others Present: Benjamin T. Duran, Stacey Hicks (recorder) Trustee McCabe led the Pledge of Allegiance


3. To the Board for Discussion and/or Action a. Consideration to Approve Sale of Surplus Property in Los Banos

Dr. Duran stated the resolution to sell property requires a unanimous vote of the entire Board. The Los Banos Unified School District has given an offer to purchase the property.

MSC (Braxton/Troost) to grant administration the authority to sell surplus property to Los Banos Unified School District and approve the resolution authorizing the sale of said property.

b. Consideration of Modifying the Number of Community Members to the CEO Search Committee Board President Vierra said the committee is currently 15 members. The additional applications have been supplied to the Board. MSC (Braxton/Jordan) to not accept the application that was received past the set deadline. Trustee Lashbrook voted no. Discussion occurred. MSC (Haden/Troost) to appoint three additional community members to the CEO Search committee. Trustees Lashbrook, Braxton, and McCabe voted no.

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MSC (Haden/McCabe) to form a sub-committee of the Board to review the additional applications and recommend names to the full Board. Trustees Lashbrook and Braxton voted no. Trustees Braxton, Troost, and Jordan were appointed to the sub-committee. A break was taken for the sub-committee to immediately review the additional applications and come back to the full Board and give their recommendations. The meeting was resumed at 4:43 p.m. Trustee Braxton reported the sub-committee is recommending Randy Hayer, Paul Smith, and Paul Lo as additional community members to serve on the CEO Search committee. MSC (Braxton/Troost) to approve the additional community members of Randy Hayer, Paul Smith, and Paul Lo to the CEO Search committee. Trustees Lashbrook and McCabe voted no. Trustee Lashbrook expressed her disappointment of the make-up of the committee. Trustee Braxton stated that he put forth a concerted effort to find community members who would sit on this committee that represented the diversity of the community we serve but was unable to find individuals who were willing.

4. Closed Session Item The Board President referenced the item to be presented during closed session then closed the meeting to the public. The closed session item is listed below.

• PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE, Government Code Section 45957

5. Resume Public Session

The public session reconvened at 5:49 p.m. in the Margaret Randolph Board Room on the Merced College Campus in Merced. Board President Vierra reported out of closed session the Board voted five to two to not renew the contract of an Administrative Vice President effective July 1, 2012. Trustees Braxton and Lashbrook voted no.

The meeting was adjourned at 5:51 p.m. Approved

Secretary to the Board of Trustees

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Schedule 12-42

Contract ResponsibleNumber Description Person

MC2123 Affiliate agreement with Conrad Castellino, MD and M. TortoriciMCCD (2/16/11 - 3/8/15) for Career AdvancementAcademy Medical Assistant program for studentlaboratory learning experience; no cost to District.

MC2124 Memorandum of Understanding with Merced County M. TortoriciOffice of Education and MCCD (3/9/12 -6/30/12) for Cal-SOAP CTE Outreach Activities to Merced County high school students during the 2011-2012 Program Year; income to District $45,360.

MC2125 Affiliation agreement with University Surgery Center M. Tortoriciand MCCD RN Program (12/1/11 - 12/1/14) toprovide student nursing experience; no cost to District.

MC2126 Agreement with Merced County Human Services M. TortoriciAgency and MCCD WPLRC/Contract Ed. (3/16/12 -3/31/12) to provide team building modules from CSA(fee based/not-for-credit); income to District $900.

MC2070C Third amendment to agreement with PPL, Inc. and B. DuranMCCD (8/12/11 - 6/30/12) for additional services foraccreditation assistance: cost to District not toexceed $82,640.

MC2127 Agreement with Maxim Health System, LLC. and A. NewinsMCCD (3/27/12 - 12/31/12) for flu vaccinations for students at a cost of $25 paid for by Student HealthServices up to 400 immuzations. Employees pay $25for immuzations; cost to District not to exceed $10,000.

MC2129 Agreement with City of Modesto and MCCD M. TortoriciWPLRC/Contract Ed. (3/15/12 - 3/30/12) for customerservice modules (fee based/not-for-credit);income to District $1,850.

MC2130 Agreement with First 5 Merced County contract no. M. Tortorici11-402 and MCCD CDC (1/9/12 - 6/30/12) for receipt of general mini-grant funds in connection withthe meaningful observations for the desired resultsdevelopment profile training; income to District $4,000.

MERCED COLLEGEOffice of Business Services

Contract SummaryBoard Meeting of April 17, 2012

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Schedule 12-42


MC2131 Agreement with Modesto Irrigation District and MCCD M. TortoriciWPLRC/Contract Ed. (4/24/12 - 8/22/12) to provide9 modules of Customer Service Academy (fee based/not-for-credit); income to District $22,499.

MC2132 Agreement with Garda CL West, Inc. and MCCD M. Brewington(3/16/12 - 3/17/13) to provide armored delivery servicesfor Los Banos Campus; cost to District $234 monthly.

MC2133 Agreement with Varco Pruden Buildings and MCCD M. TortoriciWPLRC/Contract Ed. (4/1/12 - 5/1/12) to provide2 modules Decision Making & Problem Solving(fee based/not-for-credit); income to District $2,456.

MC2134 Agreement with UC Merced Human Resources and M. TortoriciWPLRC/Contract Ed. (4/1/12 - 5/30/12) to provide2 modules Generational Diversity & Cultural Diversity(fee based/not-for credit); income to District $3,200.

MC2135 Memorandum of Understanding with Modesto Junior M. TortoriciCollege and MCCD (2/1/12 - 6/30/13) to provide a (categorical)general framework for the coordination and delivery ofprogram services as prescribed in the Governor'sCareer and Technical Education (CTE) initiative;grant no. 11-140-590; income to District $80,500.

MC2136 Agreement with The Regents of the University of M. TortoriciCalifornia and MCCD (7/1/11 - 6/30/16) for cadaverBIOL-40 and will use when this course is offered;no cost to District.

MC2104A Grant agreement with California Community Colleges M. TortoriciChancellor's Office and MCCD WPLRC/Contract Ed. (categorical)Responsive Training Fund (RTF) #11-332 (11/7/11 -9/30/12 extended date); programmable logic controllertraining for (100) participants; income to District $349,600.



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Schedule 12-42


MC2137 Grant with California Community Colleges Economic M. Tortoriciand Workforce Development (EWDDP) renewal (categorical)process (07/1/12 - 6/30/13) and WPRLC grantrenewal application for 2012-13; income to District $205,000.

MCN2138 Affiliation agreement with Merced County Mental M. TortoriciHealth and MCCD Allied Health (7/1/12 - 6/30/17) for RN and LVN program; no cost to District.

MC2139 Agreement with Butte County Office and MCCD A. Newins(8/1/11 - 8/31/12) to provide a California Mini-Corpsprogram for migrant children in Merced County; no cost to District.

MC2140 Agreement with SnarrTech and MCCD Human M. BrewingtonResources (4/14/12 - 12/31/12) to provide servicesincluding injury prevention and management, physicalrehabilitation, wellness programs, functional jobanalysis, WorkSTEPS functional employment testing,and other special projects as needed; cost to District $1,500 for job analysis project and other services will be charged at a set fee as needed.

MC2141 Agreement with Lionakis and MCCD (4/12/12 - M. Brewington6/30/12) for the development of a Wayfinding StudyMaster Plan for the Merced College Campus; costto District $20,000.



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MERCED COLLEGE OFFICE OF BUSINESS SERVICES

WARRANT REGISTERSchedule 12-43April 17, 2012

A. Warrant RegisterWARRANT #

FUND DATE BEGINNING ENDING AMOUNT

General 2/6/2012 2111767 2111839 241,516.92 General 2/14/2012 2115188 2115284 1,015,849.01 General 2/21/2012 2119051 2119082 58,450.89 General 2/27/2012 2125473 2125538 98,878.94

Categorical 1 2/6/2012 2111840 2111844 1,082.82 Categorical 1 2/14/2012 2115285 2115301 20,347.37 Categorical 1 2/21/2012 2119083 2119088 2,240.99 Categorical 1 2/27/2012 2125539 2125552 5,453.56

Categorical 2 2/6/2012 2111845 2111850 4,550.46 Categorical 2 2/14/2012 2115302 2115321 20,602.31 Categorical 2 2/21/2012 2119089 2119091 78,856.93 Categorical 2 2/27/2012 2125553 2125566 25,426.76

Child Development 2/6/2012 2111851 2111854 3,179.66 Child Development 2/14/2012 2115322 2115325 1,161.54 Child Development 2/21/2012 2119092 2119094 2,622.18

MC Farm 2/6/2012 2111855 2111858 575.27 MC Farm 2/14/2012 2115326 2115329 933.46 MC Farm 2/21/2012 2119095 2119095 95.25 MC Farm 2/27/2012 2125567 2125572 805.86

Capital Projects 2/6/2012 2111859 2111861 158,948.26 Capital Projects 2/14/2012 2115330 2115333 21,369.97 Capital Projects 2/21/2012 2119096 2119096 21,597.69 Capital Projects 2/27/2012 2125573 2125580 92,127.85

Bond Construction SFID1B 2/14/2012 2115334 2115334 605.00

Bond Construction SFID2B 2/27/2012 2125581 2125581 1,661.03

ASMC 2/14/2012 2115335 2115337 1,526.12 ASMC 2/21/2012 2119097 2119097 53.72

1,880,519.82

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B. Payroll Registers:General 02/10/12 419,015.83 Work Study 02/10/12 28,834.00 General 02/29/12 2,432,760.28

Total: 2,880,610.11

Annual totalsJul 2011 1,683,231.03

Aug 2011 2,687,676.38 Sep 2011 2,886,412.37 Oct 2011 2,919,633.88 Nov 2011 3,024,319.12 Dec 2011 2,965,912.85 Jan 2012 2,942,730.50 Feb 2012 2,880,610.11 Mar 2012Apr 2012

May 2012Jun 2012

Total: 21,990,526.24

C. Trip Requests:General Fund 38,955.00 Categorical I Fund 11,891.00 Categorical II Fund 7,847.00 Child Development Fund 115.00 MC Farm Fund - ASMC Fund 147.00 Total: 58,955.00

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MERCED COMMUNITY COLLEGE DISTRICT 3600 M Street

Merced, CA 95348-2898

Resolution 12-82

REQUEST FOR INTRABUDGET TRANSFER April 9, 2012 In accordance with the provisions of the California Code of Regulations (Title V) Section 58308, the following resolution was adopted at a meeting held by the Merced College Board of Trustees. NOW THEREFORE BE IT RESOLVED, that the following intrabudget transfers be made in the GENERAL FUND. To: Appropriation Amount From: Appropriation Amount

PASSED AND ADOPTED, this 17th day of April, 2012, by the Governing Board of MERCED COMMUNITY COLLEGE DISTRICT by the following vote:

AYES_______NOES________ABSENT_________

Signed________________________ Secretary of the Board

Date__________________________

2000 279 4000 4,436 6000 4,748

TOTAL 9,463

3000 9,316 5000 147

TOTAL 9,463

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GENERAL FUND INTRABUDGET TRANSFER

APRIL 9, 2012

5000 Live Scan – Security 128 – 6400 Equipment – Security 128 + To provide for golf cart cover (Brewington) 3000 Benefits – Community Services 9,316 – 2000 Classified – Community Services 7,344 + 4400 Supplies – Community Services 525 + 5000 Facility Use – College for Kids 1,447 + To provide for salaries, supplies and facility use (Tortorici) 6200 Maintenance Service – Plan UTL 500 – 5600 DSA Fees – Plant UTL 500 + To provide for DSA Fees (Brewington) 4400 Supplies – Technology & Institutional Research 289 – 5200 Conference Travel – Information Technology Systems (ITS) 289 + To provide for conference travel (Peterson/Walsh) 5800 Unallocated – Dean Los Banos (LB) 350 – 6400 Equipment – Library, LB 350 + To provide for display rack (Tortorici) 4400 Supplies – Board 500 – 5300 Duplicating – Board 500 + To provide for duplicating (Duran) 4400 Supplies – Faculty Senate 200 – 5300 Duplicating – Faculty Senate 200 + To provide for duplicating (Duran) 4400 Supplies – Dean Area 5 200 – 5300 Duplicating – Psychology 200 + To provide for duplicating (Tortorici) 5800 Unallocated – Superintendent/President 2,000 – 4400 Supplies – Superintendent/President 2,000 + To provide for supplies (Duran) 4400 Sidewalk – Grounds 200 – 5600 Contract Service – Grounds 200 + To provide for pest management (Brewington)

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GENERAL FUND APRIL 9, 2012 PAGE 2 5600 Equipment Repair – Ag Production 35 – 4400 Parts – Transportation 35 + To provide for parts (Tortorici) 5200 Field Trip – Honors Program 140 – 4300 Supplies – Honors Program 140 + To provide for supplies (Tortorici) 4300 Supplies – Electronics 586 – 5000 Conference Travel – Electronics 586 + To provide for conference travel (Tortorici) 5200 Conference Travel – Criminal Justice 40 – 4300 Supplies – Criminal Justice 40 + To provide for supplies (Tortorici) 5600 Live Scan – Security 915 – 4400 Supplies – Security 915 + To provide for supplies (Brewington) 4400 Supplies – Security 30 – 5300 Shipping – Security 30 + To provide for shipping (Brewington) 5000 Local Travel – Work Experience 1,600 – 4000 Supplies – English 1,600 + To provide for supplies (Tortorici) 4400 Supplies – Student Activities 272 – 6400 Equipment – Student Activities 272 + To provide for standing literature rack (Newins) 5000 Duplicating – Dean Area 6 1,350 – 4400 Supplies – Dean Area 6 1,350 + To provide for supplies (Tortorici) 4400 Supplies – Dean Area 1 435 – 5200 Conference Travel – Dean Area 1 435 + To provide for conference travel (Tortorici) 4400 Supplies – Student Personnel Administration 790 – 5200 Conference Travel – Student Personnel Administration 790 + To provide for conference travel (Newins)

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GENERAL FUND APRIL 9, 2012 PAGE 3 4400 Supplies – Admissions & Records 48 – 5200 Local Travel – Admissions & Records 48 + To provide for local travel (Newins) 4400 Supplies – Office Of Relations With Schools (ORS) 355 – 5000 Conference Travel – ORS 355 + To provide for conference travel (Newins) 4300 Supplies – Auto Technology 910 – 5600 Equipment Repair – Auto Technology 910 + To provide for equipment repair (Tortorici) 4300 Supplies – Ceramics 70 – 5300 Subscription – Ceramics 70 + To provide for subscription (Tortorici) 4000 Maintenance Supply – Maintenance 360 – 6400 Equipment – Maintenance 360 + To provide for monitor (Brewington) 5800 Unallocated – Dean Area 1 165 – 4400 Supplies – Dean Area 1 165 + To provide for supplies (Tortorici) 5300 Legal Bid – Vice President, Administrative Services 1,300 – 4400 Supplies – Human Resources 1,300 + To provide for supplies (Brewington) 4300 Supplies – General Study 125 – 5300 Duplicating – Cooperative Education 125 + To provide for duplicating (Tortorici) 5200 Field Trip – Honors Program 30 – 4300 Supplies – Honors Program 30 + To provide for supplies (Tortorici) 2300 Classified – Women’s Basketball 2,700 – 4300 Supplies – Women’s Basketball 2,700 + To provide for supplies (Tortorici)

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GENERAL FUND APRIL 9, 2012 PAGE 4 4400 Supplies – Vice President, Administrative Services 300 – 5000 Contract Service - Vice President, Administrative Services 1,299 – 6400 Equipment – Maintenance 1,599 + To provide for camper shell (Brewington) 4400 Supplies – Maintenance 50 – 5600 Medical Exam – Maintenance 50 + To provide for medical exam (Brewington) 2400 Classified – Ag Production 4,365 – 5600 Laundry – Dean Area 3 4,365 + To provide for laundry (Tortorici) 5800 Unallocated – Vice President of Instruction 2,539 – 6400 Equipment – Dean Area 1 2,539 + To provide for furniture (Tortorici) 4300 Supplies – Fire Technician 400 – 5300 Duplicating – Fire Technician 400 + To provide for duplicating (Tortorici) 5800 Unallocated – Dean Area 1 6 – 4300 Supplies – Consumer Science 6 + To provide for supplies (Tortorici) 4400 Supplies – Fiscal Service 250 – 5600 Contract Service – Fiscal Service 250 + To provide for contract service (Brewington)

SUMMARY

To: From:

2000 Classified 279 4000 Supplies 4,436 6000 Equipment 4,748

TOTAL 9,463

3000 Benefits 9,316 5000 Services 147

TOTAL 9,463

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Merced, CA 95348-2898

Resolution 12-83

REQUEST FOR INTRABUDGET TRANSFER April 9, 2012 In accordance with the provisions of the California Code of Regulations (Title V) Section 58308, the following resolution was adopted at a meeting held by the Merced College Board of Trustees. NOW THEREFORE BE IT RESOLVED, that the following intrabudget transfers be made in the CATEGORICAL I FUND. To: Appropriation Amount From: Appropriation Amount

PASSED AND ADOPTED, this 17th day of April, 2012, by the Governing Board of MERCED COMMUNITY COLLEGE DISTRICT by the following vote: AYES________NOES________ABSENT________ Signed_________________________ Secretary of the Board Date___________________________

4000 37 5000 62,893 6000 124,731 7000 33

TOTAL 187,694

1000 26,721 2000 95,122 3000 60,843 7900 5,008

TOTAL 187,694

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CATEGORICAL I FUND INTRABUDGET TRANSFER

APRIL 9, 2012

5800 Unallocated – Case Contract 4,650 – 6400 Equipment – Case Contract 4,650 + To provide for (3) laptops (Tortorici) 4400 Supplies – Extended Opportunities Programs & Services (EOPS) 50 – 5300 Publicity – EOPS 50 + To provide for publicity (Newins) 5800 Unallocated – Merced County Mental Health 281 – 3000 Benefits – Merced County Mental Health 281 + To provide for benefits (Tortorici) 1000 Certificated – Career Advancement Academy 12,387 – 2000 Classified – Career Advancement Academy 35,010 – 3000 Benefits – Career Advancement Academy 28,467 – 4000 Supplies - Career Advancement Academy 4,794 – 5000 Contract Services - Career Advancement Academy 27,005 – 6400 Equipment - Career Advancement Academy 107,663 + To provide for computer, monitor & printer (Tortorici) 5200 Conference Travel – Workplace Learning Resource Center (WpLRC) 1,500 – 4400 Supplies – WpLRC 1,500 + To provide for supplies (Tortorici) 7900 Contingency – Contract Education 5,008 – 2300 Classified – Contract Education 4,500 + 300 Benefits – Contract Education 508 + To provide for salary & benefits (Tortorici) 1000 Certificated – Responsive Training Fund (RTF) Make It Happen 6,760 – 2000 Classified – RTF Make It Happen 58,319 – 3000 Benefits - RTF Make It Happen 26,974 – 5000 Unallocated - RTF Make It Happen 77,674 + 6000 Equipment - RTF Make It Happen 14,379 +

Reallocation due to salary & benefit savings, provide for fifth wheel hauler/truck (Tortorici)

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CATEGORICAL I APRIL 9, 2012 PAGE 2 1400 Certificated – RTF 12,468 – 3000 Benefits – RTF 584 – 6400 Equipment – RTF 513 – 2000 Classified - RTF 4,489 + 5000 Contract Service - RTF 9,076 + To provide for salaries & contract service (Tortorici) 2000 Classified – WpLRC 8,244 – 3000 Benefits – WpLRC 6,256 – 5000 Unallocated – WpLRC 6,344 + 6400 Equipment – WpLRC 8,156 +

Reallocation due to salary/benefit savings & provide for computer component (Tortorici)

5800 Unallocated – WpLRC 1,053 – 2100 Classified – WpLRC 862 + 3000 Benefits – WpLRC 191 + To provide for salary & benefits (Tortorici) 2100 Classified – Cal Works 3,400 – 4400 Supplies – Cal Works 3,400 + To provide for supplies (Newins) 6400 Equipment – Career Advancement Academy 9,604 – 1000 Certificated - Career Advancement Academy 3,167 + 3000 Benefits - Career Advancement Academy 262 + 5600 Software - Career Advancement Academy 6,175 + To provide for salary, benefits & software (Tortorici) 4300 Supplies – Radiology Technician Support 21 – 5000 Membership - Radiology Technician Support 21 + To provide for membership (Tortorici) 5200 Conference Travel – EOPS 33 – 7600 Book Service – EOPS 33 + To provide for book service (Newins) 5000 Unallocated – Workforce Investment Act, CNA 1,925 – 1000 Certificated - Workforce Investment Act, Radiology Technician 1,727 + 3000 Benefits - Workforce Investment Act, Radiology Technician 196 + 4300 Supplies - Workforce Investment Act, Radiology Technician 2 + To provide for salaries, benefits & supplies (Tortorici)

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CATEGORICAL I APRIL 9, 2012 PAGE 3 SUMMARY

To: From:

4000 Supplies 37 5000 Services 62,893 6000 Equipment 124,731 7000 Other Outgo 33

TOTAL 187,694

1000 Certificated 26,721 2000 Classified 95,122 3000 Benefits 60,843 7900 Contingency 5,008

TOTAL 187,694

Page 22


Merced, CA 95348-2898

Resolution 12-84

REQUEST FOR INTRABUDGET TRANSFER April 9, 2012 In accordance with the provisions of the California Code of Regulations (Title V) Section 58308, the following resolution was adopted at a meeting held by the Merced College Board of Trustees. NOW THEREFORE BE IT RESOLVED, that following intrabudget transfers be made in the CATEGORICAL II FUND. To: Appropriation Amount From: Appropriation Amount PASSED AND ADOPTED, this 17th day of April, 2012, by the Governing Board of MERCED COMMUNITY COLLEGE DISTRICT by the following vote:

AYES________NOES________ABSENT_________ Signed__________________________

Secretary of the Board Date____________________________

1000 3,847 2000 53,635 3000 33,437 4000 3,373

TOTAL 94,292

5000 78,509 6000 2,594 7000 8,882 7900 4,307

TOTAL 94,292

Page 23

CATEGORICAL II FUND INTRABUDGET TRANSFER

APRIL 9, 2012

4300 Supplies – Registered Nurse Enrollment Growth 6,700 – 6400 Equipment - Registered Nurse Enrollment Growth 6,700 + To provide for electric adjustable hospital bed with mattress (Tortorici) 6400 Equipment – Valley Sierra 4,000 – 1300 Certificated – Valley Sierra 3,827 + 3000 Benefits – Valley Sierra 173 + To provide for salary & benefits (Tortorici) 1000 Certificated – STEM 3,011 – 3000 Benefits – STEM 1,608 – 5800 Unallocated – STEM 4,619 + Reallocation due to salary & benefit savings (Tortorici) 2000 Classified – Campus Parking 1,255 – 3000 Benefits – Campus Parking 473 + 5800 Unallocated – Campus Parking 782 + Reallocation due to salary savings (Brewington) 2000 Classified – BFAP 52,378 – 3000 Benefits – BFAP 34,729 – 5800 Unallocated – BFAP 87,107 + Reallocation due to salary & benefit savings (Newins) 6400 Equipment – Mechanical Ag, VTEA 30 – 5300 Duplicating – Mechanical Ag, VTEA 30 + To provide for duplicating (Tortorici) 2100 Classified - Registered Nurse Enrollment Growth 2 – 3000 Benefits - Registered Nurse Enrollment Growth 315 – 4300 Supplies - Registered Nurse Enrollment Growth 317 + To provide for supplies (Tortorici) 5800 Unallocated – State Disabled Student Services (DSS) 494 – 4400 Supplies – State DSS 494 + To provide for supplies (Newins) 4000 Supplies – State DSS 43 – 5200 Conference Travel – State DSS 43 + To provide for conference travel (Newins)

Page 24

CATEGORICAL II APRIL 9, 2012 PAGE 2 4400 Supplies - Registered Nurse Enrollment Growth 1,400 – 5600 Software - Registered Nurse Enrollment Growth 1,400 + To provide for software (Tortorici) 1000 Certificated – State DSS 23,782 – 2000 Classified – State DSS 27,256 – 3000 Benefits – State DSS 13,928 – 5000 Unallocated – State DSS 56,084 + 7600 Other Student Aid – State DSS 8,882 +

Reallocation due to salary/benefit savings & provide for other student aid (Newins)

5000 Contract Services – State DSS 33,241 – 1000 Certificated – State DSS 21,228 + 2000 Classified – State DSS 9,964 + 3000 Benefits – State DSS 2,049 + To provide for salary & benefits (Newins) 5000 Contract Service – DSS, Special Classes 33,608 – 1000 Certificated – DSS, Special Classes 4,289 + 2000 Classified – DSS, Special Classes 17,292 + 3000 Benefits – DSS, Special Classes 12,027 + To provide for salary & benefits (Newins) 1000 Certificated – Student Health 3,805 – 3000 Benefits – Student Health 1,643 – 7900 Contingency – Student Health 5,448 + Reallocation due to salary/benefit savings (Newins) 1000 Certificated – NSF CREATE Renewable Energy 2,660 – 3000 Benefits – NSF CREATE Renewable Energy 340 – 4300 Supplies – NSF CREATE Renewable Energy 3,000 + To provide for supplies (Tortorici) 5600 Contract Service – Valley Sierra 989 – 4300 Supplies – Valley Sierra 989 + To provide for supplies (Tortorici) 6400 Equipment – Auto, VTEA 76 – 1200 Certificated – Auto, VTEA 67 + 3000 Benefits – Auto, VTEA 9 + To provide for salary & benefits (Tortorici)

Page 25

CATEGORICAL II APRIL 9, 2012 PAGE 3 7900 Contingency – Student Health 1,141 – 3000 Benefits – Student Health 1,141 + To provide for benefits (Newins) 5800 Unallocated – State DSS 1,365 – 3000 Benefits – State DSS 1,365 + To provide for benefits (Newins) 5800 Unallocated – DSS, Special Classes 1,889 – 3000 Benefits – DSS, Special Classes 1,889 + To provide for benefits (Newins) 4400 Supplies – Registered Nurse, Enrollment Growth 30 – 5600 Software - Registered Nurse, Enrollment Growth 30 + To provide for software (Tortorici)

SUMMARY

To: From:

5000 Services 78,509 6000 Equipment 2,594 7000 Other Outgo 8,882 7900 Contingency 4,307

TOTAL 94,292

1000 Certificated 3,847 2000 Classified 53,635 3000 Benefits 33,437 4000 Supplies 3,373

TOTAL 94,292

Page 26


Merced, CA 95348-2898

Resolution 12-85

REQUEST FOR INTRABUDGET TRANSFER April 9, 2012 In accordance with the provisions of the California Code of Regulations (Title V) Section 58308, the following resolution was adopted at a meeting held by the Merced College Board of Trustees. NOW THEREFORE BE IT RESOLVED, that following intrabudget transfers be made in the ASMC FUND. To: Appropriation Amount From: Appropriation Amount

PASSED AND ADOPTED, this 17th day of April, 2012, by the Governing Board of MERCED COMMUNITY COLLEGE DISTRICT by the following vote: AYES________NOES________ABSENT_________ Signed__________________________ Secretary of the Board Date____________________________

4000 500

TOTAL 500

7900 500

TOTAL 500

Page 27

ASMC FUND INTRABUDGET TRANSFER

APRIL 9, 2012

7900 Contingency – Student Activities, Los Banos (LB) 500 – 4400 Supplies – Student Activities, LB 500 + To provide for student movie night events (Newins)

SUMMARY To: From:

4000 Supplies 500 TOTAL 500

7900 Contingency 500 TOTAL 500

Page 28


Merced, CA 95348-2898

Resolution 12-86

REQUEST FOR INTRABUDGET TRANSFER April 9, 2012 In accordance with the provisions of the California Code of Regulations (Title V) Section 58308, the following resolution was adopted at a meeting held by the Merced College Board of Trustees. NOW THEREFORE BE IT RESOLVED, that following intrabudget transfers be made in the CHILD DEVELOPMENT FUND. To: Appropriation Amount From: Appropriation Amount

PASSED AND ADOPTED, this 17th day of April, 2012, by the Governing Board of MERCED COMMUNITY COLLEGE DISTRICT by the following vote: AYES________NOES________ABSENT_________ Signed__________________________ Secretary of the Board Date____________________________

2000 919 3000 161 4000 4,082

TOTAL 5,162

5000 5,162

TOTAL 5,162

Page 29

CHILD DEVELOPMENT FUND INTRABUDGET TRANSFER

APRIL 9, 2012

2300 Classified – Child Development Center (CDC), Federal Food Program 4 – 4400 Food Supply – CDC, Federal Food Program 4 + To provide for food supply (Tortorici) 2000 Classified – California State Preschool Program (CSPP) 507 – 3000 Benefits – CSPP 56 – 4300 Supplies – CSPP 563 + To provide for supplies (Tortorici) 3000 Benefits – CDC Program 16 – 2000 Classified – CDC Program 1 + 4300 Supplies – CDC Program 15 + To provide for salary & supplies (Tortorici) 5800 Unallocated – CDC, CAMPIS 1,662 – 2300 Classified – CDC, CAMPIS 1,429 + 3000 Benefits – CDC, CAMPIS 233 + To provide for salary & benefits (Tortorici) 5800 Unallocated – CDC, Medi-Cal Administrative Activities (MAA) 3,500 – 4300 Supplies – CDC, MAA 3,500 + To provide for supplies (Tortorici)

SUMMARY To: From:

2000 Classified 919 3000 Benefits 161 4000 Supplies 4,082

TOTAL 5,162

5000 Services 5,162 TOTAL 5,162

Page 30


Merced, CA 95348-2898

RESOLUTION 12-87 FOR USE OF UNBUDGETED FUNDS

April 9, 2012 Whereas, the Governing Board of the Merced Community College District, pursuant to the provisions of the California Code of Regulations (Title V) Section 58307, may by a majority vote of its membership, budget and use any unbudgeted income provided during the fiscal year (1) from a private tax-exempt foundation, or (2) from the federal, state or local government or any department or agency thereof for a particular purpose though distributed by the state: NOW THEREFORE BE IT RESOLVED, that the GENERAL FUND be increased by $2,378 listed below.

8889 Other Student Fees – Office of Instruction 2,378 + To provide for materials (Tortorici)


AYES_____NOES______ABSENT_______ Signed___________________

Secretary of the Board Date____________________

Page 31


Merced, CA 95348-2898

RESOLUTION 12-88 FOR USE OF UNBUDGETED FUNDS April 9, 2012 Whereas, the Governing Board of the Merced Community College District, pursuant to the provisions of the California Code of Regulations (Title V) Section 58307, may by a majority vote of its membership, budget and use any unbudgeted income provided during the fiscal year (1) from a private tax-exempt foundation, or (2) from the federal, state or local government or any department or agency thereof for a particular purpose though distributed by the state: NOW THEREFORE BE IT RESOLVED, that the CATEGORICAL I FUND be increased by $92,519 as listed below.

a) 8199 Other Federal Revenue – Step Grant 44,753 + b) 8620 Categorical Apportionment – Basic Skills 25,609 + c) 8620 Categorical Apportionment – EOPS 8,849 + d) 8620 Categorical Apportionment – Matriculation 192 – e) 8890 Other Local Revenue – Trade Center 9,900 + f) 8899 Other Local Revenue – Hilmar Cheese 3,600 +

a) To provide for new program allocation (Tortorici) b) To provide for increase in state allocation (Tortorici) c) To provide for increase in state allocation - books (Newins) d) To provide for decrease in state allocation (Newins) e) To provide for contract services (Tortorici) f) To provide for contract education (Tortorici)


AYES_______NOES________ABSENT_________

Signed_____________________

Secretary of the Board Date_______________________

Page 32


Merced, CA 95348-2898


April 9, 2012 Whereas, the Governing Board of the Merced Community College District, pursuant to the provisions of the California Code of Regulations (Title V) Section 58307, may by a majority vote of its membership, budget and use any unbudgeted income provided during the fiscal year (1) from a private tax-exempt foundation, or (2) from the federal, state or local government or any department or agency thereof for a particular purpose though distributed by the state: NOW THEREFORE BE IT RESOLVED, that the CATEGORICAL II FUND be increased by $95,836 as listed below.

a) 8620 Categorical Apportionment – State DSS 89,772 + b) 8876 Health Fee – Student Health 6,064 + a) To augment budget (Newins) b) To augment budget (Newins)

PASSED AND ADOPTED, this 17th day of April, 2012, by the Governing Board of MERCED COMMUNITY COLLEGE DISTRICT by the following vote: AYES________NOES________ABSENT_________

Signed_____________________

Secretary of the Board Date________________________

Page 33


Merced, CA 95348-2898


April 9, 2012 Whereas, the Governing Board of the Merced Community College District, pursuant to the provisions of the California Code of Regulations (Title V) Section 58307, may by a majority vote of its membership, budget and use any unbudgeted income provided during the fiscal year (1) from a private tax-exempt foundation, or (2) from the federal, state or local government or any department or agency thereof for a particular purpose though distributed by the state: NOW THEREFORE BE IT RESOLVED, that the ASMC FUND be increased by $215 listed below.

8895 Club Revenue 215 + To augment from club activities (Newins)


AYES_____NOES______ABSENT_______ Signed___________________

Secretary of the Board Date____________________

Page 34


Merced, CA 95348-2898


April 9, 2012 Whereas, the Governing Board of the Merced Community College District, pursuant to the provisions of the California Code of Regulations (Title V) Section 58307, may by a majority vote of its membership, budget and use any unbudgeted income provided during the fiscal year (1) from a private tax-exempt foundation, or (2) from the federal, state or local government or any department or agency thereof for a particular purpose though distributed by the state: NOW THEREFORE BE IT RESOLVED, that the CDC FUND be increased by $150 as listed below.

8871 Child Care – Child Development Center (CDC) 150 + To augment budget (Tortorici)


AYES________NOES_________ABSENT_________

Signed_________________________

Secretary of the Board Date___________________________

Page 35

PERSONNEL SCHEDULE 12-44 April 17, 2012

Following are personnel actions which have occurred since the previous meeting of the Board of Trustees: Faculty/Administrative Employment

A. Regular None

B. Adjunct/Overload Note: Hourly instructional assignments are contingent upon adequate enrollment per class.

Employee Assignment Salary Hire Date Ahmadi, Ahmad Cpsc 30, sub 49.35 Spring 12 * Albano, Valerie Biol 01 52.88 Spring 12 * Alcala, Raul Gen Counseling 40.55 Spring 12 * Bell, Steve Math 80, sub 51.13 Spring 12 R Brooke, Bob Math 15, c, Edu 112b 52.88/49.35 Spring 12 Cameron, Barbara Study Central 39.70 Spring 12 * Chappell, Susan Early Childhood Mentor Prog 1,600 stip Fall 11 * Chappell, Susan Early Childhood Mentor Prog 1,600 stip Spring 12 Choi, Stephen Crim 42d 52.88/50.23 Spring 12 * Clark, Julie Math 10, sub 52.88 Spring 12 *

Coburn, Cary

Biological Science Prog Review

500 stip

Spring 12

R Crombie Karen Biol 01 52.05/54.69 Spring 12 R Davies, Robert Astr 01, Lg Class 44.97/47.59 Spring 12 * Doiel, Mark Mus 12 54.69 Spring 12 *

Donnelly, Shelley

Foundation-RT Student Support-Open Skills Lab

39.70

Spring 12

Eighmey, Patricia Career Adv Academy Wkshp 100 stip Spring 12 R Estrella, Carl Biol 01, Lg class 54.69 Spring 12 Evans, James Fire 63a, b 44.06/41.44 Spring 12

Foy, Louis

Head Men/Women Track Coach (2)

2,535 stip 2,535 stip

Spring 12

I

Gorang, Benjamin

Assist B-Ball Coach (2)

675 stip 675 stip

Spring 12

*

Gregory, Aaron

Automotive T-Ten Prg Certif Alignment

1,500 stip

Spring 12

R Harvey, Elizabeth Hist 17a, b, sub 52.88 Spring 12 R Harvey, Elizabeth Hist 17a, b 54.69 Spring 12 Hausmann, Gregory Crim 42d 46.69 Spring 12

Page 36

Employee Assignment Salary Hire Date Her, Chou Crim 42d 47.59/44.97 Spring 12 Hurley, Mason Fire 63a 44.06/41.44 Spring 12 Jenkins, Felix Auto 04, sub 45.85 Spring 12 * Igo, Megan Biol 01, Lg class 50.23/52.88 Spring 12 Joseph, Sammy Crim 42d 49.35 Spring 12 *

Kanemoto, Kathleen

High School & Non-Traditional Student Outreach

400 stip

Spring 12

Kettering, Jeff Crim 42d 54.69 Spring 12 Laney, Lindsay Mceli 44.06 Spring 12 Lawrence, Andrea Career Adv Academy Wkshp 100 stip Spring12 * Macias, Mireya Biol 02, Lg class 54.69 Spring 12 *

Macias, Mireya

Biological Science Prog Review

500 stip

Spring 12

Madruga, Morgan Allh 50 41.44 Spring 12 R Manfredi, Marilynne Engl a 45.85 Spring 12 Marrison, Timothy Fire 63b 44.06/41.44 Spring 12

Martin, William

Crim 42d

47.59/44.97/39.70

Spring 12

R McCandless, Michael Engl al 46.69 Spring 12

McGhee, Suzanne

Head S-Ball Coach (2)

2,535 stip 2,535 stip

Spring 12

* Meidinger, Mai Career Adv Academy Wkshp 100 stip Spring 12 R Modafferi, Edward Biol 0l, Lg class 48.47/51.13 Spring 12 Moshier, Jennifer Mceli 45.85 Spring 12 Navarro, Ivan Math c 47.59 Spring 12

Pistoresi, Patty

HAS Civil Rights Training/Cultural Diversity (3)

225 stip 1,800 stip 2,250 stip

Spring 12

I

Pedretti, Joe

Assist Baseball Coach (2)

1,400 stip 1,400 stip

Spring 12

Pryor, Robert Biol 01l, sub 50.23 Spring 12 * Renteria, Enrique Guid 30 54.69 Spring 12 Rentfrow, Richard Crim 42d 47.59 Spring 12 Rico, Laura Math 91, sub 52.88 Spring 12 R Rieg, Kristen Math c, Edu 112b 51.13/47.59 Spring 12 Rieg, Kristen Math 02 51.13 Spring 12 R Rivero, Elizabeth Engl 80, 80l, sub 47.59/44.97 Spring 12 *

Rose, Katherine

Foundation-RT Student Support-Open Skills Lab

44.15

Spring 12

* Rose, Katherine Wia Open Skills Lab 44.15 Spring 12 * Soto, Greg Gen Counseling 41.44 Spring 12 Souza, Jason Servsafe Food Safety Cert 400 stip Spring 12 Souza, Jennifer Gui 102 45.85 Spring 12 Strauch, Robert Fire 63a 44.06/41.44 Spring 12 R Tenn, Brandon Chem 02a, Lg class 48.47/51.13 Spring 12

Page 37

Employee Assignment Salary Hire Date Thomas, William Auto 04, sub 47.59 Spring 12 Trindad, Thomas Crim 42d 47.59 Spring 12 Wilde, William Crim 42d 44.97 Spring 12 Williamson, Linda Career Adv Solution Seminar 200 stip Spring 12 R Wilson, Krista Chem 02a, Lg class 52.05/54.69 Spring 12 * Wilson, Krista Chemistry Prog Review 1,000 stip Spring 12 *

Yanagi, Cary

Dev of Programming & Cyber Security outreach

1,450 stip

Spring 12

*

Yanagi, Cary

Study Central (4)

50 stip 50 stip 50 stip 50 stip

Spring 12

I InitialHire R Revised * Full-time faculty e equivalency C. Separations None D. Miscellaneous

None Classified/Management Employment A. Regular

Employee Assignment Salary Hire Date Torres-Peters, Christina Dir of Human Resources $8,525.08/mo 5/01/12

B. Hourly/Short-term

Employee Assignment Salary Hire Date Bird, Clark CS Instr Lap Swim $255.00 stip 11/28/11-2/24/12 Davenport, Raymond Mail Clerk $11.31/hr 3/26/12-6/30/12 Dunham, Kristine CS Instr Water Polo $471.25 stip 2/6/12-3/28/12 Eckman, Laura CS Instr Ceramics $445.00 stip 1/26/12-3/15/12 Eno, Kevin Stu Svcs Asst $13.75/hr 4/16/12-6/15/12 Friedland, Fred CS Instr Fencing $96.00 stip 2/13/12-3/26/12 Garris, Colleen CS Instr Fitness Lab $576.00 stip 11/28/11-2/24/12 Gentry, Seth CS Instr Lap Swim $201.00 stip 11/28/11-2/24/12 Gossett, William CS Instr Lap Swim $64.00 stip 11/28/11-2/24/12 Gossett, William CS Instr Ceramics $684.00 stip 1/23/12-3/19/12 Greene, Tanner CS Instr Splashball $200.00 stip 4/10/12-5/24/12

Page 38

Employee Assignment Salary Hire Date Imbrogno, Roger CS Instr Fitness $576.00 stip 11/28/11-2/24/12 Lowe, Gary Research Analyst $19.39/hr Extend to 6/30/12 McCall, Scott CS Instr Lap Swim $410.00 stip 11/28/11-2/24/12 McCall, Scott CS Instr Splashball $153.43 stip 2/7/12-3/29/12 McCall Scott CS Instr Water Polo $413.11 stip 2/6/12-3/28/12 Neugebauer, Jimmie Instr Supp Tech II $15.16/hr Extend to 6/30/12 Rabe, Matthew CS Instr Lap Swim $18.00 stip 11/28/11-2/24/12 Richey, Kevin CS Instr Water Polo $200.00 stip 4/9/12-5/23/12 Rucker, Lisa CS Instr Lap Swim $228.00 stip 11/28/11-2/24/12 Salmon, Linda CS Instr Art $366.00 stip 1/23/12-2/13/12 Salmon, Linda CS Instr Art $80.00 stip 2/27/12-3/19/12 Salmon, Linda CS Instr Art $390.00 stip 2/27/12-3/19/12 Strickland, Robert CS Instr Lap Swim $255.00 stip 11/28/11-2/24/12 Walton, Tracy CS Instr Yoga $1,053.00 stip 1/24/12-3/8/12 I InitialHire R Revised

C. Separations Employee Assignment Action Dates Bowman, Tigen Security Guard Resignation 4/9/12 Moreno, Sylvia Stu Svcs Assist Retirement 4/2/12 Vang, James Contract Training Coord Termination 3/9/12

D. Miscellaneous

Employee Assignment Action Dates

Askew, Monica

A &R Clerk II

Re-employment from 39 mo rehire

4/5/12

Engel, Judith Contracts Tech Reassignment 4/1/12

Grimaldi, Christine

Instr Supp Tech III

Increase in assign 11 mo to 12

3/1/12-6/30/12

Grimaldi, Christine

Instr Supp Tech III

Reduction in hrs 40 hrs to 34

1/17/12-5/4/12

Harvey, Glen

Inst Supp Tech III


3/1/12-6/30/12

Her, Yeng HR Tech Reassignment 4/1/12 Howell, Julie Stu Svcs Assist LOA 2/21/12-5/1/12

Kinchen, Harold

Inst Supp Tech III


3/1/12-6/30/12

Martin, Irma

Inst Supp Tech III


3/1/12-6/30/12

Page 39

Employee Assignment Action Dates Orosco, Benicia Mail Clerk LOA 3/20/12-4/3/12 Riley, Paul Auto Mech I 39 month rehire 3/5/12 Villegas, Nanette Trainer/Class Staff Dev Volunteer 4/5/12

Walsh, Nicole

Inst Supp Tech III


3/1/12-6/30/12

Williams, Jeff Trainer/Class Staff Dev Volunteer 4/5/12

Page 40

Last Name First Name Work CenterBianchi Reno IT-ElectronicsGallardo Elrik Student Services - LBHammett Donald Allied HealthPulido Margaret Student Services - LBSalisu Afolabi BookstoreSalisu Afolabi Bookstore

General FundApril 2012 Hires

Page 41

Last Name First Name Work CenterBangert-Williams Brittany Operations-LBButler Ray Boys & Girls ClubCasale Courtney Child Development CenterGarcia Natalie Tutorial - LBMaldonado Sarita HPECMartinez Pastor Reading LabMoreno Jonna IT-Welding ShopPesaleli Togamauea LibraryReyes Martin IT-HVACReyes Jacine Child Development CenterZapien Celene HPEC

Federal Work StudyApr-12

Page 42

MERCED COLLEGE Office of the President

BOARD AGENDA BACKUP

PRESENTED TO THE BOARD OF TRUSTEES OF THE

MERCED COMMUNITY COLLEGE DISTRICT AT APRIL 17, 2012, MEETING OF THE BOARD

Schedule 12-45

Item: Purchase Order Review Presented By: Mazie L. Brewington For: Information Action X Background Information Purchase orders in accounts and funds indicated were issued during this reporting period.

Note: All vouchers, including payments for the above Purchase Orders, are reflected on the Accounts Payable Warrant Report. Purchase Orders dated February 17, 2012, through April 2, 2012, are reflected above. For this period a total of 188 Purchase Orders were processed. Recommendation/Requested Action It is recommended that the Board approve all active Blanket Orders and the Purchase Orders listed above.

General Fund (110) $95,032.04Board Designated Fund (121) $0.00Categorical Fund I (123) $155,177.98Categorical Fund II (124) $64,972.58Child Development Fund (330) $1,263.61Merced College Farm Fund (340) $5,546.95Capital Projects Fund (410) $30,444.92Bond Construction Fund (420) $9,863.25Los Banos Bond Construction Fund (421) $0.00Total: $362,301.33

Page 43


BOARD AGENDA BACKUP


MERCED COMMUNITY COLLEGE DISTRICT AT THE APRIL 17, 2012 MEETING OF THE BOARD

Schedule 12-46

Item: Authorization To Declare Unsuable Furniture and Equipment

Surplus Property Presented By: Mazie L. Brewington For: Information Action X

Background Information

The District Warehouse has miscellaneous equipment listed below that is in unusable condition. Each item is no longer needed by the District and has an estimated value of less than $5,000. Quantity Unit Description Department 1 Pallet Circuit Breakers Maintenance 3 Ea Drill Presses AG 1 Ea Sand Blaster AG 1 Ea Dynamometer AG 1 Ea Metal Cutter AG 3 Ea Tractor Trailer Truck Airflow Hoods AG 3 Ea Metal Storage Cabinets AG 80 Ea Computers IT 50 Ea Monitors IT 2 Ea Defibrillators Security 1 Ea Hand Held Scanner AV 1 Ea Access Point Modulator AV 2 Ea Trash Compactors Bus Div 1 Ea Braille/Embosser DSSS 24 Ea Street Light Lamps Maintenance 1 Ea Hospital Gurney AH 1 Ea Shredder AH 1 Ea Wheelchair AH The Board of Trustees as the authority under section 81450-81452 of the education code to sell, auction, donate, or otherwise dispose of District equipment or materials that are unusable, obsolete, or no longer needed for District use. Recommendation/Requested Action Board approval is requested to declare these items surplus property and authorize disposal of the property in accordance with the Education Code directive.

Page 44

CURRICULUM REVISIONS FROM March 1, 2012 (Changes effective Summer 2012 unless stated otherwise)

Schedule 12-46

MCCD BREADTH AREA E2 FIRST READING ATHL-01A Intercollegiate Volleyball ATHL-01J Intercollegiate Water Polo

COURSE INACTIVATION CLDV-40B Supervised Field Experience CLDV-41B Advanced Supervised Field Experience CLDV-42B ECE Supervised Field Experience Infant/Toddler CLDV-43B ECE Field Experience for Early Intervention CLDV-44B Field Experience: School-Age Care CLDV-81A Mentor Teacher Seminar A MATH-21 Introduction to Mathematical Reasoning COURSE CHANGES DISTANCE EDUCATION/TITLE 5 REVIEW EXPERIMENTAL ON-LINE BUS-43 Business Communication CLDV-54 Sexual Development of Young Children NUTR-44 Food Safety and Sanitation COURSE CHANGES DISTANCE EDUCATION/TITLE 5 REVIEW PERMANENT ON-LINE CLDV-03 Principles and Practices of Teaching Young Children

COURSE CHANGES/TITLE 5 CONTENT REVIEW BIOL-50 Survey of Anatomy and Physiology BUS-53 Business English DRAM-01 Introduction to Theater ENGL-04A Introduction to World Literature; Ancients to 1650 ENGL-12 Creative Writing ENGL-13 Critical Reasoning and Writing ENGL-13H Honors Critical Reasoning and Writing ENGL-14 Introduction to Film FIRE-32 Fire Prevention Technology HUM-15 Comparative Cultures HUM-21 Humanities and Film MATH-08 Linear Algebra PHIL-13 Critical Reasoning and Writing PHIL-13H Honors Critical Reasoning and Writing PHIL-15 Comparative Religions PROGRAM PROPOSALS Non Credit ESL Beginning Skills Program Effective Summer 2013

Page 45

CURRICULUM REVISIONS FROM March 15, 2012 (Changes effective Summer 2013 unless stated otherwise)

MCCD BREADTH AREA E2 SECOND READING ATHL-01A Intercollegiate Volleyball Effective Summer 2012 ATHL-01J Intercollegiate Water Polo Effective Summer 2012 COURSE CHANGES/TITLE 5 CONTENT REVIEW CLDV-02 Child, Family and Community COURSE INACTIVATION CLDV-51 School-Age Development COURSE CHANGES DISTANCE EDUCATION/TITLE 5 REVIEW EXPERIMENTAL ON-LINE CLDV-56 School-Age Development COURSE PROPOSALS MUS-05A Ear Training and Sightsinging I MUS-05B Ear Training and Sightsinging II

Page 46


BOARD AGENDA BACKUP



Item: Termination Academic Staff Position Presented by: Mazie L. Brewington For: Information Action x Background Information The Student Success program in Allied Health is a specifically funded program. The Song Brown Grant funding has or will be decreased. The services of the Student Success Coordinator will therefore be eliminated which necessitates the elimination of one 40-hour academic position. The position in this specifically funded program will no longer be utilized due to the decrease of funding. Recommendation/Requested Action It is recommended that the Board of Trustees approve the termination of the one academic position. Attachments (1) Resolution (2) Ed Code §87665

Page 47

BEFORE THE BOARD OF TRUSTEES OF THE MERCED COMMUNITY COLLEGE DISTRICT

COUNTY OF MERCED, STATE OF CALIFORNIA RESOLUTION NO. 12-92

TERMINATION OF CATEGORICALLY FUNDED ACADEMIC EMPLOYEE

WHEREAS, pursuant to Education Code section 87470, the Board may terminate

an academic employee who has been employed to perform services in a categorically funded position upon the expiration of the funding for the service in question;

WHEREAS, the employee listed below is employed under contract pursuant to

Education Code section 87470 and the program is question is expiring at the end of the current academic year; and

WHEREAS, it is this Board’s intent to terminate the employee listed below effective

May 25, 2012, pursuant to Education Code section 87470; NOW, THEREFORE, BE IT RESOLVED, that the following temporary employee be

terminated from employment with this community college district effective May 25, 2012: Diane Carol Obrey.

BE IT FURTHER RESOLVED, that the Superintendent/President or his designee is

directed to issue to the employee named in this Resolution notice informing her of this action, and to take such further and additional actions as may be necessary to accomplish the purposes of this Resolution.

The foregoing Resolution was adopted by the Board of Trustees of the Merced

Community College District on the 17th day of April, 2012, by the following vote:

AYES: _____ NOES: _____ ABSENT: _____ __________________________________ President, Board of Trustees of the

Merced Community College District

I, Benjamin T. Duran, HEREBY CERTIFY that the foregoing resolution was duly introduced, passed and adopted by the Governing Board and by the vote stated. __________________________________ Secretary, Board of Trustees the Merced Community College District

Page 48

Education Code §87665 The governing board may terminate the employment of a temporary employee at its discretion at the end of a day or week, whichever is appropriate. The decision to terminate the employment is not subject to judicial review except as to the time of termination.

Page 49


BOARD AGENDA BACKUP


MERCED COMMUNITY COLLEGE DISTRICT AT THE APRIL 17, 2012, MEETING OF THE BOARD

Item: Amending the Conflict of Interest Code to revise an update the list of designated positions and disclosure categories

Presented by: Benjamin T. Duran For: Information ______ Action X Background Information The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict-of-interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. Sec. 18730) that contains the terms of a standard conflict-of-interest code, which can be incorporated by reference in an agency’s code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendices, designating positions and establishing disclosure categories, shall constitute the conflict-of-interest code of the Merced Community College District (District). Individuals holding designated positions shall file their statements of economic interests with the District, which will make the statements available for public inspection and reproduction. (Gov. Code Sec. 81008.) Upon receipt of the statements, the District shall make and retain copies and forward the originals to the Fair Political Practices Commission. All original statements will be retained by the Fair Political Practices Commission.

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Recommendation/Requested Action It is recommended that the Board of Trustees hereby approve the intention to amend a conflict of interest code. Attachments: Resolution authorizing approval of amending the Conflict of Interest Code & Explanation of reasons for amendments to the Merced Community College District Conflict of Interest Code

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MERCED COMMUNITY COLLEGE DISTRICT

RESOLUTION NO. 12-93

RESOLUTION OF THE BOARD OF TRUSTEES AMENDING THE CONFLICT OF INTEREST CODE TO REVISE AND UPDATE THE LIST OF DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES

WHEREAS, the Merced Community College District has reviewed its Conflict of Interest Code at a noticed public meeting held on April 17, 2012, and determined that amendments, as set forth in the Amended Conflict of Interest Code attached hereto as Exhibit A are needed; and

WHEREAS, an amendment to the Merced Community College District Conflict of Interest Code must be submitted to the Fair Political Practices Commission which is the code reviewing body; and

NOW, THEREFORE, BE IT RESOLVED by the Governing Board as follows:

A. The Conflict of Interest Code of the Merced Community College District is amended to substitute in its place the attached Amended Conflict of Interest Code of the Merced Community College District.

B. A copy of this Resolution shall be forwarded to the Fair Political Practices Commission for review and approval.

I hereby certify that the foregoing Resolution of the Governing Board was duly passed and adopted at a regular meeting held on April 17, 2012, by the following vote:

AYES:

NOES:

ABSENT:

________________________________________ Clerk of the Governing Board

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EXPLANATION OF REASONS FOR AMENDMENTS TO THE MERCED COMMUNITY COLLEGE DISTRICT CONFLICT OF INTEREST CODE

The proposed amended Merced Community College District Conflict of Interest Code contains changes to the list of designated positions and disclosure categories.

The following positions have been deleted from the list of designated positions because the holders of these positions are responsible for managing public investments and are required to disclose financial interests pursuant to Government Code section 87200:

Members of the Board of Trustees

Superintendent/President

Vice President, Administrative Services

The following positions have been added:

Director of Institutional Advancement

Senior Accountant, Budget Analyst

Chief of Police Services

Student Fees Supervisor

The following positions have revised titles:

Vice President, Technology & Institutional Research

Vice President, Student Services

Vice President, Instruction

Director, Human Resources

Dean, Allied Health, Business & Public Safety

Dean, Career Technical Education

Dean, Social Sciences, Humanities & Fine Arts

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Dean, Science Math and Engineering

Dean, Los Banos Center

Dean, Student Services

Dean, Economic &Workforce Development, Community Services, Non Credit

Director of Purchasing

Director of Maintenance, Transportation & Facilities Construction

Director of Business & Fiscal Services

Director of Information Technology Services

Director of Grants, Development and Institutional Research

Disclosures categories have been modified and provide for the disclosure of financial interests which may be affected by the persons holding designated positions.

___________________________________

Benjamin Duran, Superintendent/President

Date: ___________, 2012

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Merced College Office of the President

BOARD AGENDA BACKUP



Item: Re-Appointment of Member to the Proposition 39

Citizens’ Bond Oversight Committee

Presented By: Mazie L. Brewington

For: Information Action X Background Information Pursuant to Education Code Section 15278, the District established the Citizens’ Bond Oversight Committee at a Board of Trustees Meeting held on February 4, 2003, in order to satisfy the accountability requirements of Proposition 39. The Board of Trustees adopted the Citizens’ Oversight Committee Bylaws, setting forth the duties and rights of the Committee, at a meeting held on June 17, 2003. The role of the committee is to “inform the public concerning the expenditure of bond revenues.” The committee is charged with reviewing the expenditure of revenue to ensure the bond revenues are expended in compliance with the purposes of the bond and the requirements of Proposition 39. Claire Towler, Student (Merced Campus), is eligible to serve another two-year term. Recommended/Requested Action It is recommended the Board of Trustees re-appoint Claire Towler, to the Citizens’ Bond Oversight Committee for the period 2012-2014.

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BOARD AGENDA BACKUP



Item: Request to Issue TRAN for 2012-13 Presented By: Mazie L. Brewington For: Information _____ Action __X__ Background Information This will be the sixteenth year that the Administration will be requesting the Board of Trustees to authorize the issuance of tax and revenue anticipation notes (TRAN). The purpose of the TRAN is to increase available cash balances, which provide operating moneys to cover cash shortfalls. In normal years cash shortfalls can arise from the timing differential of monthly cash receipts (mainly tax receipts) and cash disbursements throughout the year. In times of statewide fiscal distress; oftentimes, delays in the adoption of the state budget result in community colleges not receiving their apportionments in a timely manner. Current law prohibits the State from making such allocations until the State budget is adopted. No one knows when the governor and the Legislature will be able to agree on a solution for the statewide deficit and adopt the budget act of 2012. The attached resolution authorizes the issuance of TRANs by the Merced Community College District in the amount not to exceed $10,000,000. The 2012-13 TRAN will be dated July 1, 2012, and the maturity will not exceed 12 months. The TRAN will be issued through a statewide financing program sponsored by the Community College League of California. The advantages of participating in the Community College League’s TRAN program rather than an individual financing or another pooled TRANs, are many. The costs are lower because the other participating community college districts share the costs of issuance. There are standardized documentation and credit criteria employed in the financing, as well as a streamlined issuance process. Finally, there is the ability to obtain the highest credit rating on the financing based upon the program’s pool membership.

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The resolution authorizes various financing documentation, including a purchase agreement and an Indenture, which are on file in the Director of Business and Fiscal Services’ office. The resolution authorizes the Superintendent/President, the Vice President of Administrative Services, and Director of Business and Fiscal Services to sign financing documentation in connection with the issuance of the TRAN. The resolution also appoints the law firm of Stradling Yocca Carlson & Rauth as bond counsel to the District. Stradling is a law firm, which specializes in municipal bond law. Recommendation/Requested Action It is recommended that the Board of Trustees adopt the attached resolution. Attachments: Resolution Authorizing the Issuance of 2012-13 Tax and Revenue Anticipation Note and Participation in the Community College League of California Cash Flow Financing Program.

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MERCED COMMUNITY COLLEGE DISTRICT RESOLUTION

NUMBER 12-94

RESOLUTION AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 2012-2013; THE ISSUANCE AND SALE OF A 2012-2013 TAX AND REVENUE ANTICIPATION NOTE THEREFORE AND PARTICIPATION IN THE COMMUNITY COLLEGE LEAGUE OF CALIFORNIA TAX AND REVENUE ANTICIPATION NOTES PROGRAM

WHEREAS, local agencies are authorized by Section 53850 to 53858, both inclusive, of the Government Code of the State of California (the “Act”) (being Article 7.6, Chapter 4, Part 1, Division 2, Title 5 of the Government Code) to borrow money by the issuance of temporary notes;

WHEREAS, the Governing Board (the “Legislative Body”) of the community college district specified in Section 23 hereof (the “District”) has determined that a sum (the “Principal Amount”), not to exceed the Maximum Amount of Borrowing specified in Section 23 hereof, which Principal Amount is to be confirmed and set forth in the Pricing Confirmation (as defined in Section 4 hereof), is needed for the requirements of the District, to satisfy operating or capital obligations of the District, and that it is necessary that said Principal Amount be borrowed for such purpose at this time by the issuance of a note or notes therefore in anticipation of the receipt of taxes, income, revenue, cash receipts and other moneys of the District, as further described herein, for fiscal year ending June 30, 2013 (“Repayment Fiscal Year”);

WHEREAS, the District hereby determines to borrow, for the purposes set forth above, the Principal Amount by the issuance of the Note (defined herein), in one or more series, on either a tax-exempt or taxable basis, as hereinafter defined;

WHEREAS, because the District does not have fiscal accountability status pursuant to Section 85266 of the Education Code of the State of California, it requests the Board of Supervisors of the County to borrow, on the District’s behalf, the Principal Amount by the issuance of the Note;

WHEREAS, pursuant to Section 53853 of the Act, if the Board of Supervisors of the County fails or refuses to authorize by resolution the issuance of the Note within the time period specified in said Section 53853, following receipt of this Resolution, and the Note is issued in conjunction with tax and revenue anticipation notes, in one or more series, of other Issuers (as hereinafter defined), the District may issue the Note in its name pursuant to the terms stated herein;

WHEREAS, it appears, and this Legislative Body hereby finds and determines, that the Principal Amount, when added to the interest payable thereon, does not exceed eighty-five percent (85%) of the estimated amount of the uncollected Unrestricted Revenues (defined herein) available for the payment of the principal of the Note and the interest thereon;

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WHEREAS, no money has heretofore been borrowed by or on behalf of the District through the issuance of tax and revenue anticipation notes or temporary notes in anticipation of such Unrestricted Revenues;

WHEREAS, pursuant to Section 53856 of the Act, any Unrestricted Revenues can be pledged for the payment of the principal of the Note and the interest thereon (as hereinafter provided);

WHEREAS, the District has determined that it is in the best interests of the District to participate in the Community College League of California Tax and Revenue Anticipation Note Program (the “Program”), whereby participating local agencies (collectively, the “Issuers”) will simultaneously issue tax and revenue anticipation notes;

WHEREAS, the District desires to have its Note (defined herein) marketed together with some or all of the notes issued by the Issuers participating in the Program;

WHEREAS, the underwriter or placement agent appointed in Section 21 hereof (the “Underwriter”), will structure one or more pools of notes or series of note participations (referred to herein as the “Note Participations”, the “Series” and/or the “Series of Note Participations”) distinguished by (i) whether and what type(s) of Credit Instrument (as hereinafter defined) secures notes comprising each Series by the principal amounts of the notes assigned to the Pool, (ii) whether interest on the Series of Note Participations is a fixed rate of interest or a variable rate of interest swapped to a fixed rate, (iii) whether interest on the Series of Note Participations is includable in gross income for federal income tax purposes, or (iv) other factors, all of which the District hereby authorizes the Underwriter to determine;

WHEREAS, the Program requires the Issuers participating in any particular Series to deposit their tax and revenue anticipation notes with a trustee pursuant to a trust agreement (the “Trust Agreement”) among such Issuers, the District, the California Community College Financing Authority (the “Authority”) and Wells Fargo Bank, National Association, as trustee (the “Trustee”);

WHEREAS, the Trust Agreement provides, among other things, that for the benefit of Owners of Note Participations, that the District shall provide notices of the occurrence of certain enumerated events, as further described herein.

WHEREAS, the Program requires the Trustee, pursuant to the Trust Agreement, to execute and deliver the Note Participations evidencing and representing proportionate, undivided interests in the payments of principal of and interest on the tax and revenue anticipation notes issued by the Issuers comprising such Series;

WHEREAS, the District desires to have the Trustee execute and deliver a Series of Note Participations which evidence and represent interests of the owners thereof in the Note and the Notes issued by other Issuers in such Series;

WHEREAS, as additional security for the owners of the Note Participations, all or a portion of the payments by all of the Issuers of their respective notes may or may not be secured either by an irrevocable letter (or letters) of credit or policy (or policies) of insurance or

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other credit instrument (or instruments) (collectively, the “Credit Instrument”) issued by the credit provider or credit providers designated in the Trust Agreement, as finally executed (collectively, the “Credit Provider”), which may be issued pursuant to a credit agreement or agreements or commitment letter or letters designated in the Trust Agreement (collectively, the “Credit Agreement”) between the Issuers and the respective Credit Provider;

WHEREAS, in the event that a Credit Instrument is unavailable, the District has determined that it is desirable to authorize a portion of the premium or proceeds received from the sale of the Note to be deposited, along with the moneys received from the sale of Notes of other Issuers, into a reserve account to be held by the Trustee pursuant to the Trust Agreement and for the benefit of Owners of the Note Participations;

WHEREAS, the net proceeds of the Note may be invested by the District in Permitted Investments (as defined in the Trust Agreement) or in any other investment permitted by the laws of the State of California, as now in effect and as hereafter amended, modified or supplemented from time to time;

WHEREAS, the Program requires that each participating Issuer approve the Trust Agreement and the alternative Credit Instruments, if any, in substantially the forms presented to the Legislative Body, or, in the case of the Credit Instruments, if any, and if not presented, in a form which complies with such requirements and standards as may be determined by the Legislative Body, with the final form and type of Credit Instrument and corresponding Credit Agreement, if any, determined upon execution by the Authorized Representative of the Pricing Confirmation;

WHEREAS, pursuant to the Program each participating Issuer will be responsible for its share of (a) the fees of the Trustee and the costs of issuing the applicable Series of Note Participations, and (b), if applicable, the fees of the Credit Provider, the Issuer's allocable share of all Reimbursement Obligations, if any (as defined herein);

WHEREAS, pursuant to the Program, the Note and the Notes issued by other Issuers participating in the same Series (all as evidenced and represented by a Series of Note Participations) will be offered for public sale or private placement through negotiation with the Underwriter or placement agent pursuant to the terms and provisions of a purchase agreement or comparable placement agent agreement, as applicable (collectively, the “Purchase Agreement”) or sold on a competitive bid basis;

WHEREAS, the District has determined that, in order to reduce interest costs, it may be desirable to enter into one or more interest rate swaps; and

WHEREAS, it is necessary to engage the services of certain professionals to assist the District in its participation in the Program;

NOW, THEREFORE, this Legislative Body hereby finds, determines, declares and resolves as follows:

Section 1. Recitals. This Legislative Body hereby finds and determines that all the above recitals are true and correct.

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Section 2. Authorization of Issuance. This Legislative Body hereby determines to borrow solely for the purpose of anticipating certain taxes, income, revenue (including, but not limited to, revenue from the state and federal governments), cash receipts and other moneys of the District (including moneys deposited in inactive or term deposits but excepting certain moneys encumbered for a special purpose) generally available for the payment of current expenses and other obligations of the District (collectively, the “Unrestricted Revenues”), by the issuance of one or more series of taxable or tax-exempt note or notes in the aggregate Principal Amount under Sections 53850 et seq. of the Act, designated the District’s “2012-2013 Tax and Revenue Anticipation Note,” with an appropriate series designation if more than one note is issued (collectively, the “Note”), to be issued in the form of a fully registered note or notes in the Principal Amount thereof, to be dated the date of its delivery to the initial purchaser thereof, to mature (without option of prior redemption) not more than 13 months thereafter on a date indicated on the face thereof and determined in the Pricing Confirmation (the “Maturity Date”), and to bear interest, payable on its Maturity Date and computed upon the basis of a 360-day year consisting of twelve 30-day months, or a 365 or 366 day year, as the case may be, and actual days elapsed, at a rate or rates, if more than one Note is issued, not to exceed the rate authorized by law, as determined in the Pricing Confirmation and indicated on the face of the Note (the “Note Rate”).

If the Note as evidenced and represented by the Series of Note Participations is secured in whole or in part by a Credit Instrument or such Credit Instrument secures the Note in whole or in part and all principal of and interest on the Note is not paid in full at maturity or if payment of principal and/or interest on the Note is paid (in whole or in part) by a draw under, payment by or claim upon a Credit Instrument which draw or claim is not fully reimbursed on such date, such Note shall become a Defaulted Note (as defined in the Trust Agreement), and the unpaid portion thereof (including the interest component, if applicable, or the portion thereof with respect to which a Credit Instrument applies for which reimbursement on a draw, payment or claim has not been fully made) shall be deemed outstanding and shall continue to bear interest thereafter until paid at the Default Rate (as defined in the Trust Agreement). If the Note as evidenced and represented by the Series of Note Participations is unsecured in whole or in part and the Note is not fully paid at maturity, the unpaid portion thereof (or the portion thereof to which no Credit Instrument applies which is unpaid) shall be deemed outstanding and shall continue to bear interest thereafter until paid at the Default Rate. In each case set forth in the preceding two sentences, the obligation of the District with respect to such Defaulted Note or unpaid Note shall not be a debt or liability of the District prohibited by Article XVI, Section 18 of the California Constitution and the District shall not be liable thereon except to the extent of any lawfully available revenues, as provided in Section 8 hereof.

The percentage of the Note as evidenced and represented by the Series of Note Participations to which a Credit Instrument, if any, applies (the “Secured Percentage”) shall be equal to the amount of the Credit Instrument divided by the aggregate amount of unpaid principal of and interest on notes (or portions thereof) of all Issuers of Notes comprising such Series of Note Participations, expressed as a percentage (but not greater than 100%) as of the maturity date. Both the principal of and interest on the Note shall be payable in lawful money of the United States of America, but only upon surrender thereof, at the corporate trust office of the Trustee in Los Angeles, California.

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Anything in this Resolution to the contrary notwithstanding, the Pricing Confirmation may specify that a portion of the authorized Principal Amount of the Note shall be issued as a separate series of taxable Note the interest on which is includable in the gross income of the holder thereof for federal income tax purposes (a “Taxable Note”). In such event, the Taxable Note shall be issued with an appropriate series designation and other terms reflecting such taxability of interest income, including without limitation, a taxable Note Rate and a taxable Default Rate; the terms of the Note, and other terms as appropriate, shall be deemed to include or refer to such Taxable Note; and the agreements, covenants and provisions set forth in this Resolution to be performed by or on behalf of the District shall be for the equal and proportionate benefit, security and protection of the holder of any Note without preference, priority or distinction as to security or otherwise of any Note over any other Note.

In the event the Board of Supervisors of the County fails or refuses to authorize the issuance of the Note within the time period specified in Section 53853 of the Act, following receipt of this Resolution, this Board hereby authorizes issuance of such Note, in the District’s name, in one or more series, pursuant to the terms stated in this Section 2 and this Resolution. Except as provided in Section 19(B) hereof, the Note shall be issued in conjunction with the note or notes of one or more other Issuers as part of the Program and within the meaning of Section 53853 of the Act.

Section 3. Form of Note. The Note shall be issued in fully registered form without coupons and shall be substantially in the form and substance set forth in Exhibit A, as attached hereto and by reference incorporated herein, the blanks in said form to be filled in with appropriate words and figures to be inserted or determined at or prior to the execution and delivery of the Note.

Section 4. Sale of Note; Delegation. Unless sold competitively, the Note as evidenced and represented by the Note Participations shall be sold to the Underwriter or other purchaser pursuant to the terms and provisions of the Purchase Agreement. The form of the Purchase Agreement, including the form of the Pricing Confirmation set forth as an exhibit thereto (the “Pricing Confirmation”), on file with the clerk or secretary of the Legislative Body, is hereby approved. The authorized representatives set forth in Section 23 hereof, or a designated deputy thereof (the “Authorized Representatives”), each alone, are hereby authorized and directed to execute and deliver the Purchase Agreement in substantially said form, with such changes thereto as such Authorized Representative shall approve, such approval to be conclusively evidenced by his or her execution and delivery thereof; provided, however, that the Note Rate shall not exceed that authorized by law, and that the District's pro rata share of Underwriter's discount on the Note, when added to the District's share of the costs of issuance of the Note Participations, shall not exceed 1.0% of the Principal Amount of the Note and the Principal Amount shall not exceed the Maximum Amount of Borrowing. Delivery of an executed copy of the Pricing Confirmation by fax or telecopy shall be deemed effective execution and delivery for all purposes.

Section 5. Program Approval. The Note shall be combined with notes of other Issuers into a Series and shall be sold simultaneously with such other notes of that Series supported by the Credit Instrument (if any) referred to in the Pricing Confirmation, and shall be evidenced and represented by the Note Participations which shall evidence and represent

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proportionate, undivided interests in the Note in the proportion that the face amount of the Note bears to the total aggregate face amount of the Note and the notes issued by other Issuers which the Series of Note Participations represent. Such Note Participations may be delivered in book-entry form.

The forms of Trust Agreement and alternative general types and forms of Credit Agreements, if any, presented to this meeting are hereby approved, and the Authorized Representatives, each alone, are hereby authorized and directed to execute and deliver the Trust Agreement and a Credit Agreement, if applicable, which shall be identified in the Pricing Confirmation, in substantially one or more of said forms (a substantially final form of Credit Agreement to be delivered to the Authorized Representative following the execution by such Authorized Representative of the Pricing Confirmation), with such changes therein as said Authorized Representative shall require or approve, such approval of this Legislative Body and such Authorized Representative to be conclusively evidenced by the execution thereby of the Trust Agreement and the Credit Agreement, if any. A description of this undertaking shall be set forth in the Preliminary Official Statement, defined herein, if any, and will also be set forth in the Final Official Statement, defined herein, if any. The Authorized Representatives, each alone, are hereby authorized and directed to comply with and carry out all of the provisions of the Trust Agreement with respect to continuing disclosure; provided however, that failure of the District to comply with the Continuing Disclosure Agreement, as defined in Article 11 of the Trust Agreement, shall not be considered an Event of Default hereunder. Any Credit Agreement identified in the Pricing Confirmation but not at this time before the Legislative Body shall include reasonable and customary terms and provisions relating to fees, increased costs of the Credit Provider payable by the District, negative and affirmation covenants of the District and events of default.

To the extent necessary, the Legislative Body hereby approves the preparation of a preliminary official statement (the “Preliminary Official Statement”) and a final official statement (the “Final Official Statement”) in connection with the offering and sale of the Note Participations. The Underwriter is hereby authorized and directed to cause to be mailed to prospective bidders the Preliminary Official Statement in connection with the offering and sale of the Note Participations.

Any one of the Authorized Representatives of the District is hereby authorized and directed to provide the Underwriter with such information relating to the District as they shall reasonably request for inclusion in the Preliminary Official Statement and Final Official Statement, if any. Upon inclusion of the information relating to the District therein, the Preliminary Official Statement, except for certain omissions permitted by Rule 15c2-12 of the Securities Exchange Act of 1934, as amended (the “Rule”), is hereby deemed final within the meaning of the Rule; provided that no representation is made as to the information contained in the Preliminary Official Statement relating to the other Issuers or any Credit Provider. If, at any time prior to the end of the underwriting period, as defined in the Rule, any event occurs as a result of which the information contained in the Preliminary Official Statement relating to the District might include an untrue statement of a material fact or omit to state any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading, the District shall promptly notify the Underwriter. The Authority is hereby authorized and directed, at or after the time of the sale of any Series of Note

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Participations, for and in the name and on behalf of the District, to execute a Final Official Statement in substantially the form of the Preliminary Official Statement, with such additions thereto or changes therein as the Authority may approve, such approval to be conclusively evidenced by the execution and delivery thereof.

The Trustee is authorized and directed to execute Note Participations on behalf of the District pursuant to the terms and conditions set forth in the Trust Agreement, in the aggregate principal amount specified in the Trust Agreement, and substantially in the form and otherwise containing the provisions set forth in the form of the Note Participations contained in the Trust Agreement. When so executed, the Note Participations shall be delivered by the Trustee to the purchaser upon payment of the purchase price thereof, pursuant to the terms of the Trust Agreement.

Subject to Section 8 hereof, the District hereby agrees that if the Note as evidenced and represented by the Series of Note Participations shall become a Defaulted Note, the unpaid portion (including the interest component, if applicable) thereof or the portion (including the interest component, if applicable) to which a Credit Instrument applies for which full reimbursement on a draw, payment or claim has not been made by the Maturity Date shall be deemed outstanding and shall not be deemed to be paid until (i) any Credit Provider providing a Credit Instrument with respect to the Series of Note Participations, and therefore, if applicable, all or a portion of the District’s Note, if any, has been reimbursed for any drawings, payments or claims made under or from the Credit Instrument with respect to the Note, including interest accrued thereon, as provided therein and in the applicable Credit Agreement, and, (ii) the holders of the Series of the Note Participations which evidence and represent the Note are paid the full principal amount represented by the unsecured portion of the Note plus interest accrued thereon (calculated at the Default Rate) to the date of deposit of such aggregate required amount with the Trustee. For purposes of clause (ii) of the preceding sentence, holders of the Series of Note Participations will be deemed to have received such principal amount upon deposit of such moneys with the Trustee.

The District agrees to pay or cause to be paid, in addition to the amounts payable under the Note, any fees or expenses of the Trustee and, to the extent permitted by law, if the District’s Note as evidenced and represented by the Series of Note Participations is secured in whole or in part by a Credit Instrument, any Reimbursement Obligations (to the extent not payable under the Note), (i) arising out of an “Event of Default” hereunder (or pursuant to Section 7 hereof) or (ii) arising out of any other event (other than an event arising solely as a result of or otherwise attributable to a default by any other Issuer). In the case described in (ii) above with respect to Reimbursement Obligations, the District shall owe only the percentage of such fees, expenses and Reimbursement Obligations equal to the ratio of the principal amount of its Note over the aggregate principal amounts of all notes, including the Note, of the Series of which the Note is a part, at the time of original issuance of such Series. Such additional amounts will be paid by the District within twenty-five (25) days of receipt by the District of a bill therefor from the Trustee.

For purposes hereof, “Reimbursement Obligations” shall mean any obligations of the District to the Credit Provider under the Credit Instrument and/or the Credit Agreement, if any, all indemnification to the Credit Provider by the District, and all other amounts due to the

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Credit Provider by the District under the Credit Instrument and the Credit Agreement, including obligations evidenced by Defaulted Notes and overdue interest, to the extent permitted by law, in each case becoming due prior to, or as a result of or after, an Event of Default hereunder.

Section 6. No Joint Obligation; Owners’ Rights. The Note shall be marketed and sold simultaneously with the notes of other Issuers and shall be aggregated and combined with notes of other Issuers participating in the Program into a Series of taxable or tax-exempt Note Participations evidencing and representing an interest in several, and not joint, obligations of each Issuer. Except as provided in Section 7(C) herein, the obligation of the District to Owners is a several and not a joint obligation and is strictly limited to the District’s repayment obligation under this Resolution and the Note, as evidenced and represented by such Series of Note Participations.

Owners of Note Participations, to the extent of their interest in the Note, shall be treated as owners of the Note and shall be entitled to all the rights and security thereof; including the right to enforce the obligations and covenants contained in this Resolution and the Note. The District hereby recognizes the right of the Owners acting directly or through the Trustee to enforce the obligations and covenants contained in the Note, this Resolution and the Trust Agreement. The District shall be directly obligated to each Owner for the principal and interest payments on the Note evidenced and represented by the Note Participations without any right of counterclaim or offset arising out of any act or failure to act on the part of the Trustee.

Section 7. Disposition of Proceeds of Note.

(A) The moneys received from the sale of the Note allocable to the District’s share of the costs of issuance (which shall include any issuance fees in connection with a Credit Instrument applicable to the Note, if any) shall be deposited in the Costs of Issuance Fund, or applicable subaccount thereof, held and invested by the Trustee under the Trust Agreement and expended on costs of issuance as provided in the Trust Agreement.

(B) The moneys received from the sale of the Note (net of the District’s share of the costs of issuance) shall be deposited in the District’s Proceeds Subaccount within the Proceeds Fund hereby authorized to be created pursuant to, and held and invested by the Trustee under, the Trust Agreement for the District and said moneys may be used and expended by the District for any purpose for which it is authorized to expend funds upon requisition from the Proceeds Subaccount as specified in the Trust Agreement. Amounts in the Proceeds Subaccount are hereby pledged to the payment of the Note.

The Trustee will not create subaccounts within the Proceeds Fund, but will keep records to account separately for proceeds of the Note Participations allocable to the District’s Note on deposit in the Proceeds Fund which shall constitute the District’s Proceeds Subaccount.

(C) The District hereby authorizes a portion of the premium or proceeds received from the sale of the Note (net of the District’s share of the costs of issuance) to be deposited, together with moneys received from the sale of Notes of other Issuers, into a reserve fund (the “Reserve Fund”), which is hereby authorized to be created pursuant to, and held and

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invested by the Trustee under, the Trust Agreement for the benefit of Owners of the Note Participations.

Section 8. Source of Payment. The principal amount of the Note, together with the interest thereon, shall be payable from Unrestricted Revenues lawfully available for payment of the Notes.

To the extent the Note matures during the fiscal year following the Repayment Fiscal Year, the Note shall be payable only from Unrestricted Revenues which are received in or accrued to the Repayment Fiscal Year. Included in such revenues are apportionments which otherwise would be received between July 1, 2012 through June 30, 2013, but which, due to the deferral of such apportionments by the State will not be received until after June 30, 2013 (“Deferred Revenues”). The Deferred Revenues shall be accrued to the Repayment Fiscal Year and are hereby determined to be lawfully available to pay the principal of and interest on the Note.

As security for the payment of the principal of and interest on the Note, the District hereby pledges the first Unrestricted Revenues (as hereinafter provided, the “Pledged Revenues”) received in the Repayment Months (as such term is defined below) identified in the Pricing Confirmation, and in each such Repayment Month up to the amounts identified in the Pricing Confirmation. The principal of the Note and the interest thereon shall constitute a first lien and charge on the Pledged Revenues and, to the extent not so paid, shall be paid from any other moneys thereof lawfully available therefor (all as provided for in Sections 53856 and 53857 of the Act). The Noteholders, Owners and Credit Provider shall have a first lien and charge on such Pledged Revenues as herein provided.

In order to effect the pledge referenced in the preceding paragraph, the District hereby agrees and covenants to establish and maintain a special account within the District’s general fund to be designated the “2012-13 Tax and Revenue Anticipation Note Payment Account” (the “Payment Account”), and further agrees and covenants to maintain the Payment Account until the payment of the principal of the Note and the interest thereon. Notwithstanding the foregoing, a subaccount of the Payment Account (the “Payment Subaccount”) may be established for the District under the Trust Agreement and proceeds credited to such account shall be pledged to the payment of the Note. Transfers from the Payment Subaccount shall be made in accordance with the Trust Agreement. The District agrees to transfer to and deposit in the Payment Account the first Unrestricted Revenues received in the months specified in the Pricing Confirmation (each individual month a “Repayment Month” and collectively “Repayment Months”) (and any amounts received thereafter) until the amount on deposit in the Payment Account, together with the amount, if any, on deposit in the Payment Subaccount, and taking into consideration anticipated investment earnings thereon to be received by the Maturity Date, is equal in the respective Repayment Months identified in the Pricing Confirmation to the percentage of the principal and interest due on the Note specified in the Pricing Confirmation. In making such transfer and deposit, the District shall not be required to physically segregate the amounts to be transferred to and deposited in the Payment Account from the District’s other general fund moneys, but, notwithstanding any commingling of funds for investment or other purposes, the amounts required to be transferred to and deposited in the Payment Account shall nevertheless be subject to the lien and charge created herein.

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Any one of the Authorized Representatives of the District is hereby authorized to approve the determination of the Repayment Months and percentages of the principal and interest due on the Note required to be on deposit in the Payment Account and/or the Payment Subaccount in each Repayment Month, all as specified in the Pricing Confirmation, by executing and delivering the Pricing Confirmation, such execution and delivery to be conclusive evidence of approval by this Legislative Body and such Authorized Representative. In the event on the day in each such Repayment Month that a deposit to the Payment Account is required to be made, the District has not received sufficient Unrestricted Revenues to permit the deposit into the Payment Account of the full amount of Pledged Revenues to be deposited in the Payment Account from said Unrestricted Revenues in said month, then the amount of any deficiency shall be satisfied and made up from any other moneys of the District lawfully available for the payment of the principal of the Note and the interest thereon, as and when such other moneys are received or are otherwise legally available.

To the extent the District’s Note is payable from Deferred Revenues, the Pricing Confirmation may specify that the deposits into the Payment Account from such Deferred Revenues may be made during a month subsequent to the respective Repayment Month, but in no event later than one month prior to the Maturity Date of the District’s Note.

Any moneys placed in the Payment Account or the Payment Subaccount shall be for the benefit of (i) the holder of the Note and the owner of the Note and (ii) (to the extent provided in the Trust Agreement) the Credit Provider, if any. The moneys in the Payment Account and the Payment Subaccount shall be applied only for the purposes for which such accounts are created until the principal of the Note and all interest thereon are paid or until provision has been made for the payment of the principal of the Note at maturity with interest to maturity (in accordance with the requirements for defeasance of the Note Participations as set forth in the Trust Agreement) and, if applicable, (to the extent provided in the Trust Agreement and, if applicable, the Credit Agreement) the payment of all Reimbursement Obligations owing to the Credit Provider.

The District hereby directs the Trustee to transfer on the Note Payment Deposit Date (as defined in the Trust Agreement), any moneys in the Payment Subaccount to the Note Participation Payment Fund (as defined in the Trust Agreement). In addition, on the Note Payment Deposit Date, the moneys in the Payment Account shall be transferred by the District to the Trustee, to the extent necessary (after crediting any transfer pursuant to the preceding sentence), to pay the principal of and/or interest on the Note, to make payments to a Swap Provider, if any, as defined in the Trust Agreement, pursuant to a Swap Agreement, if any, as defined in the Trust Agreement, or to reimburse the Credit Provider for payments made under or pursuant to the Credit Instrument. In the event that moneys in the Payment Account and/or the Payment Subaccount are insufficient to pay the principal of and interest on the Note in full when due, such moneys shall be applied in the following priority: first to pay interest on the Note; second to pay principal of the Note; third to reimburse the Credit Provider for payment, if any, of interest with respect to the Note; fourth to reimburse the Credit Provider for payment, if any, of principal with respect to the Note; and fifth to pay any Reimbursement Obligations of the District owing to the Credit Provider. Any moneys remaining in or accruing to the Payment Account and/or the Payment Subaccount after the principal of the Note and the interest thereon and any Reimbursement Obligations, if applicable, have been paid, or provision for such

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payment has been made, shall be transferred to the general fund of the District, subject to any other disposition required by the Trust Agreement, or, if applicable, the Credit Agreement. Nothing herein shall be deemed to relieve the District from its obligation to pay its Note in full on the Maturity Date.

Moneys in the Proceeds Subaccount and in the Payment Subaccount shall be invested by the Trustee pursuant to the Trust Agreement as directed by the District in Permitted Investments as described in and under the terms of the Trust Agreement. Any such investment by the Trustee shall be for the account and risk of the District, and the District shall not be deemed to be relieved of any of its obligations with respect to the Note, the Reimbursement Obligations, if any, by reason of such investment of the moneys in its Proceeds Subaccount or the Payment Subaccount.

The District shall promptly file with the Trustee and the Credit Provider, if any, such financial reports at the times and in the forms required by the Trust Agreement. At the written request of the Credit Provider, if any, the District shall, within ten (10) Business Days following the receipt of such written request, file such report or reports to evidence the transfer to and deposit in the Payment Account required by this Section 8 and provide such additional financial information as may be required by the Credit Provider, if any.

In the event either (A) the Principal Amount of the Note, together with the aggregate amount of all tax-exempt obligations (including any tax-exempt leases, but excluding private activity bonds), issued and reasonably expected to be issued by the District (and all subordinate entities of the District) during the calendar year in which the Note is issued, will, at the time of issuance of the Note (as indicated in the certificate of the District executed as of the date of issuance of the Note (the “District Certificate”), exceed fifteen million dollars ($15,000,000), or (B) the Principal Amount of the Note, together with the aggregate amount of all tax-exempt obligations not used to finance school construction (including any tax-exempt leases, but excluding private activity bonds), issued and reasonably expected to be issued by the District (and all subordinate entities of the District) during the calendar year in which the Note is issued, will, at the time of issuance of the Note (as indicated in the District Certificate), exceed five million dollars ($5,000,000), the following paragraph will apply, and in such case, the District shall be deemed a “Safe Harbor Issuer” with respect to the Note.

Amounts in the Proceeds Subaccount of the District and attributable to cash flow borrowing shall be withdrawn and expended by the District for any purpose for which the District is authorized to expend funds from the general fund of the District, but, with respect to general fund expenditures, only to the extent that on the date of any withdrawal no other funds are available for such purposes without legislation or judicial action or without a legislative, judicial or contractual requirement that such funds be reimbursed. If on no date that is within six months from the date of issuance of the Note, the balance in the related Proceeds Subaccount is low enough so that the amounts in the Proceeds Subaccount qualify for an exception from the rebate requirement (the “Rebate Requirements”) of Section 148 of the Internal Revenue Code of 1986 (the “Code”), the District shall notify the Trustee in writing and, to the extent of its power and authority, comply with instructions from Stradling Yocca Carlson & Rauth, Special Counsel, supplied to it by the Trustee as the means of satisfying the Rebate Requirements.

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Section 9. Execution of Note; Registration and Transfer. Any one of the Treasurer of the County or comparable officer, or, in the absence of said officer, his or her duly appointed assistant, the Chairperson of the Board of Supervisors of the County or the Auditor (or comparable financial officer) of the County shall be authorized to execute the Note issued hereunder by manual or facsimile signature and the Clerk of the Board of Supervisors of the County or any Deputy Clerk shall be authorized to countersign the Note by manual or facsimile signature and to affix the seal of the County to the Note either manually or by facsimile impression thereof. In the event the Board of Supervisors of the County fails or refuses to authorize issuance of the Note as referenced in Section 2 hereof, any one of the Authorized Representatives of the District or any other officer designated by the Legislative Body shall be authorized to execute the Note by manual or facsimile signature and such other Authorized Officers or the Secretary or Clerk of the Legislative Body of the District, or any duly appointed assistant thereto, shall be authorized to countersign the Note by manual or facsimile signature. Said officers of the District are hereby authorized to cause the blank spaces of the Note to be filled in as may be appropriate pursuant to the Pricing Confirmation. Said officers are hereby authorized and directed to cause the Trustee, as registrar and authenticating agent, to accept delivery of the Note pursuant to the terms and conditions of the Purchase Agreement and Trust Agreement. In case any officer whose signature shall appear on any Note shall cease to be such officer before the delivery of such Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. The Note need not bear the seal of the District, if any.

As long as the Note remains outstanding, the District shall maintain and keep at the principal corporate trust office of the Trustee, books for the registration and transfer of the Note. The Note shall initially be registered in the name of the Trustee as trustee under the Trust Agreement. Upon surrender of the Note for transfer at the office of the Trustee with a written instrument of transfer satisfactory to the Trustee, duly executed by the registered owner or its duly authorized attorney, and upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, the County or the District, as applicable, shall execute and the Trustee shall authenticate and deliver, in the name of the designated transferee, a fully registered Note. For every transfer of the Note, the County, the District or the Trustee may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to the transfer, which sum or sums shall be paid by the person making such transfer as a condition precedent to the exercise of the privilege of making such transfer.

Subject to Section 6 hereof, the County, the District and the Trustee and their respective successors may deem and treat the person in whose name the Note is registered as the absolute owner thereof for all purposes, and the County, the District and the Trustee and their respective successors shall not be affected by any notice to the contrary, and payment of or on account of the principal of such Note shall be made only to or upon the order of the registered owner thereof. All such payments shall be valid and effectual to satisfy and discharge the liability upon the Note to the extent of the sum or sums so paid.

The Note may, in accordance with its terms, be transferred upon the books required to be kept by the Trustee pursuant to the provisions hereof by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of the Note for

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cancellation, accompanied by delivery of a written instrument of transfer duly executed in form approved by the Trustee.

The Trustee will keep or cause to be kept, at its principal corporate trust office, sufficient books for the registration and transfer of the Note, which shall be open to inspection by the County and the District during regular business hours. Upon presentation for such purpose, the Trustee shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred, on such books, the Note as hereinbefore provided.

If any Note shall become mutilated, the County or the District, as applicable, at the expense of the registered owner of such Note, shall execute, and the Trustee shall thereupon authenticate and deliver a new Note of like tenor and number in exchange and substitution for the Note so mutilated, but only upon surrender to the Trustee of the Note so mutilated. Every mutilated Note so surrendered to the Trustee shall be cancelled by it and delivered to, or upon the order of the County or the District, as applicable. If any Note shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the County, the District and the Trustee and, if such evidence be satisfactory to them and indemnity satisfactory to them shall be given, the County or the District, as applicable, at the expense of the registered owner, shall execute, and the Trustee shall thereupon authenticate and deliver a new Note of like tenor and number in lieu of and in substitution for the Note so lost, destroyed or stolen (or if any such Note shall have matured (as of the latest maturity date indicated on the face thereof) or shall be about to mature (as of the latest maturity date indicated on the face thereof), instead of issuing a substitute Note, the Trustee may pay the same without surrender thereof). The Trustee may require payment of a sum not exceeding the actual cost of preparing each new Note issued pursuant to this paragraph and of the expenses which may be incurred by the County or the District applicable, and the Trustee in such preparation. Any Note issued under these provisions in lieu of any Note alleged to be lost, destroyed or stolen shall constitute an original additional contractual obligation on the part of the County (on behalf of the District) or on the part of the District, as applicable, whether or not the Note so alleged to be lost, destroyed or stolen be at any time enforceable by anyone, and shall be entitled to the benefits of this Resolution with all other Notes secured by this Resolution.

Section 10. Representations and Covenants of the District.

The District makes the following representations for the benefit of the holder of the note, the owners of the Note Participations and the Credit Provider, if any.

(A) The District is duly organized and existing under and by virtue of the laws of the State of California and has all necessary power and authority to (i) adopt this Resolution and perform its obligations thereunder, (ii) enter into and perform its obligations under the Purchase Agreement, and (iii) issue the Note and perform its obligations thereunder.

(B) Upon the issuance of the Note, the District shall have taken all action required to be taken by it to authorize the issuance and delivery of the Note and the performance of its obligations thereunder, and the District has full legal right, power and authority to issue and deliver the Note.

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(C) The issuance of the Note, the adoption of the Resolution and the execution and delivery of the Purchase Agreement, Trust Agreement and Credit Agreement, if any, and compliance with the provisions hereof and thereof will not conflict with or violate any law, administrative regulation, court decree, resolution, charter, by-laws or other agreement to which the District is subject or by which it is bound.

(D) Except as may be required under blue sky or other securities laws of any state or Section 3(a)(2) of the Securities Act of 1933, there is no consent, approval, authorization or other order of, or filing with, or certification by, any regulatory authority having jurisdiction over the District required for the issuance and sale of the Note or the consummation by the District of the other transactions contemplated by this Resolution, except those the District shall obtain or perform prior to or upon the issuance of the Note.

(E) The District has (or will have prior to the issuance of the Note) duly, regularly and properly adopted a preliminary budget for the Repayment Fiscal Year setting forth expected revenues and expenditures and has complied with all statutory and regulatory requirements with respect to the adoption of such budget. The District hereby covenants that it shall (i) duly, regularly and properly prepare and adopt its final budget for the Repayment Fiscal Year, (ii) provide to the Trustee, the Credit Provider, if any, the Underwriter, promptly upon adoption, copies of such final budget and of any subsequent revisions, modifications or amendments thereto and (iii) comply with all applicable laws pertaining to its budget.

(F) The sum of the principal amount of the District’s Note plus the interest payable thereon, on the date of its issuance, will not exceed fifty percent (50%) of the estimated amounts of the District’s uncollected Unrestricted Revenues legally available to pay principal of and interest on the Note.

(G) The District (i) has not defaulted within the past twenty (20) years, and is not currently in default, on any debt obligation and (ii), to the best knowledge of the District, has never defaulted on any debt obligation.

(H) The District’s most recent audited financial statements present fairly the financial condition of the District as of the date thereof and the results of operation for the period covered thereby. Except as has been disclosed to the Underwriter and the Credit Provider, if any, there has been no change in the financial condition of the District since the date of such audited financial statements that will in the reasonable opinion of the District materially impair its ability to perform its obligations under this Resolution and the Note. The District agrees to furnish to the Underwriter, the Authority, the Trustee and the Credit Provider, if any, promptly, from time to time, such information regarding the operations, financial condition and property of the District as such party may reasonably request.

(I) There is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, arbitrator, governmental or other board, body or official, pending or, to the best knowledge of the District, threatened against or affecting the District questioning the validity of any proceeding taken or to be taken by the District in connection with the Note, the Purchase Agreement, the Trust Agreement, the Credit Agreement, if any, or this Resolution, or seeking to prohibit, restrain or enjoin the execution, delivery or performance by the District of

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any of the foregoing, or wherein an unfavorable decision, ruling or finding would have a materially adverse effect on the District’s financial condition or results of operations or on the ability of the District to conduct its activities as presently conducted or as proposed or contemplated to be conducted, or would materially adversely affect the validity or enforceability of, or the authority or ability of the District to perform its obligations under, the Note, the Purchase Agreement, the Trust Agreement, the Credit Agreement, if any, or this Resolution.

(J) Upon issuance of the Note and execution of the Purchase Agreement, this Resolution, the Purchase Agreement and the Note will constitute legal, valid and binding agreements of the District, enforceable in accordance with their respective terms, except as such enforceability may be limited by bankruptcy or other laws affecting creditors’ rights generally, the application of equitable principles if equitable remedies are sought, the exercise of judicial discretion in appropriate cases and the limitations on legal remedies against local agencies, as applicable, in the State of California.

(K) The District and its appropriate officials have duly taken, or will take, all proceedings necessary to be taken by them, if any, for the levy, receipt, collection and enforcement of the Pledged Revenues in accordance with law for carrying out the provisions of this Resolution and the Note.

(L) The District shall not incur any indebtedness secured by a pledge of its Pledged Revenues unless such pledge is subordinate in all respects to the pledge of Pledged Revenues hereunder.

(M) So long as the Credit Provider, if any, is not in payment default under the Credit Instrument, the District hereby agrees to pay its pro rata share of all Reimbursement Obligations attributable to the District in accordance with provisions of the Credit Agreement, if any, and/or the Trust Agreement, as applicable. Prior to the Maturity Date, moneys in the District’s Payment Account and/or Payment Subaccount shall not be used to make such payments. The District shall pay such amounts promptly upon receipt of notice from the Credit Provider that such amounts are due to it.

(N) So long as any Note Participations issued in connection with the Notes are Outstanding, or any Reimbursement Obligation is outstanding, the District will not create or suffer to be created any pledge of or lien on the Note other than the pledge and lien of the Trust Agreement.

(O) It is hereby covenanted and warranted by the District that it will not request the County Treasurer to make temporary transfers of funds in the custody of the County Treasurer to meet any obligations of the District during Fiscal Year 2012-2013 pursuant to Article XVI, Section 6 of the Constitution of the State of California.

Section 11. Tax Covenants. (A) The District will not take any action or fail to take any action if such action or failure to take such action would adversely affect the exclusion from gross income of the interest payable on the Note under Section 103 of the Internal Revenue Code of 1986 (the “Code”). Without limiting the generality of the foregoing, the District will not make any use of the proceeds of the Note or any other funds of the District which would cause

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the Note to be an “arbitrage bond” within the meaning of Section 148 of the Code, a “private activity bond” within the meaning of Section 141(a) of the Code, or an obligation the interest on which is subject to federal income taxation because it is “federally guaranteed” as provided in Section 149(b) of the Code. The District, with respect to the proceeds of the Note, will comply with all requirements of such sections of the Code and all regulations of the United States Department of the Treasury issued or applicable thereunder to the extent that such requirements are, at the time, applicable and in effect.

(B) In the event the District is deemed a Safe Harbor Issuer (as defined in Section 7), this paragraph (B) shall apply. The District covenants that it shall make all calculations in a reasonable and prudent fashion relating to any rebate of excess investment earnings on the proceeds of the Note due to the United States Treasury, shall segregate and set aside from lawfully available sources the amount such calculations may indicate may be required to be paid to the United States Treasury, and shall otherwise at all times do and perform all acts and things necessary and within its power and authority, including complying with the instructions of Stradling Yocca Carlson & Rauth, Special Counsel referred to in Section 8 hereof to assure compliance with the Rebate Requirements. If the balance of the Proceeds Subaccount attributed to cash flow borrowing and treated for federal tax purposes as proceeds of the Note is not low enough to qualify amounts in the Proceeds Subaccount attributed to cash flow borrowing for an exception to the Rebate Requirements on at least one date within the six month period following the date of issuance of the Note (calculated in accordance with Section 8), the District will reasonably and prudently calculate the amount, if any, of investment profits which must be rebated to the United States and will immediately set aside, from lawfully available revenues, the amount of any such rebate in the Rebate Fund referred to in this Section 11(B). In addition, in such event, the District shall establish and maintain with the Trustee a fund separate from any other fund established and maintained hereunder and under the Trust Agreement designated as the “2012-2013 Tax and Revenue Anticipation Note Rebate Fund” or such other name as the Trust Agreement may designate. There shall be deposited in such Rebate Fund such amounts as are required to be deposited therein in accordance with the written instructions from Bond Counsel pursuant to Section 8 hereof.

(C) Notwithstanding any other provision of this Resolution to the contrary, upon the District’s failure to observe, or refusal to comply with, the covenants contained in this Section 11, no one other than the holders or former holders of the Note or Note Participation Owners, the Credit Provider(s), if any, or the Trustee on their behalf shall be entitled to exercise any right or remedy under this Resolution on the basis of the District’s failure to observe, or refusal to comply with, such covenants.

(D) The covenants contained in this Section 11 shall survive the payment of the Note.

(E) The provisions of this Section 11 shall not apply to a Taxable Note.

Section 12. Events of Default and Remedies.

If any of the following events occur, it is hereby defined as and declared to be and to constitute an “Event of Default”:

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(a) Failure by the District to make or cause to be made the transfers and deposits to the Payment Account, or any other payment required to be paid hereunder, including payment of principal and interest on the Note, on or before the date on which such transfer, deposit or other payment is due and payable;

(b) Failure by the District to observe and perform any covenant, condition or agreement on its part to be observed or performed under this Resolution, for a period of fifteen (15) days after written notice, specifying such failure and requesting that it be remedied, is given to the District by the Trustee or the Credit Provider, if applicable, unless the Trustee and the Credit Provider shall agree in writing to an extension of such time prior to its expiration;

(c) Any warranty, representation or other statement by or on behalf of the District contained in this Resolution or the Purchase Agreement (including the Pricing Confirmation) or in any requisition or any financial report delivered by the District or in any instrument furnished in compliance with or in reference to this Resolution or the Purchase Agreement or in connection with the Note, is false or misleading in any material respect;

(d) A petition is filed against the District under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect and is not dismissed within 30 days after such filing, but the Trustee shall have the right to intervene in the proceedings prior to the expiration of such 30 days to protect its and the Owners’ interests;

(e) The District files a petition in voluntary bankruptcy or seeking relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or consents to the filing of any petition against it under such law; or

(f) The District admits insolvency or bankruptcy or is generally not paying its debts as such debts become due, or becomes insolvent or bankrupt or makes an assignment for the benefit of creditors, or a custodian (including without limitation a receiver, liquidator or trustee) of the District or any of its property is appointed by court order or takes possession thereof and such order remains in effect or such possession continues for more than 30 days, but the Trustee shall have the right to intervene in the proceedings prior to the expiration of such 30 days to protect its and the Owners’ interests;

Whenever any Event of Default referred to in this Section 12 shall have happened and be continuing, the Trustee shall, in addition to any other remedies provided herein or by law or under the Trust Agreement, have the right, at its option without any further demand or notice, to take one or any combination of the following remedial steps:

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(a) Without declaring the Note to be immediately due and payable, require the District to pay to the Trustee, as holder of the Note, an amount equal to the principal of the Note and interest thereon to maturity, plus all other amounts due hereunder, and upon notice to the District the same shall become immediately due and payable by the District without further notice or demand; and

(b) Take whatever other action at law or in equity (except for acceleration of payment on the Note) which may appear necessary or desirable to collect the amounts then due and thereafter to become due hereunder or to enforce any other of its rights hereunder.

Notwithstanding the foregoing, if the District’s Note is secured in whole or in part by a Credit Instrument or if the Credit Provider is subrogated to rights under the District’s Note, as long as the Credit Provider has not failed to comply with its payment obligations under the Credit Instrument, the Credit Provider shall have the right to direct the remedies upon any Event of Default hereunder, and the Credit Provider’s prior consent shall be required to any remedial action proposed to be taken by the Trustee hereunder.

If the District has executed a Credit Instrument and if the Credit Provider is not reimbursed for any drawing, payment or claim, as applicable, used to pay principal of and interest on the Note due to a default in payment on the Note by the District, or if any principal of or interest on the Note remains unpaid after the Maturity Date, the Note shall be a Defaulted Note, the unpaid portion (including the interest component, if applicable) thereof or the portion (including the interest component, if applicable) to which a Credit Instrument applies for which reimbursement on a draw, payment or claim has not been made shall be deemed outstanding and shall bear interest at the Default Rate, as defined in the Trust Agreement, until the District’s obligation on the Defaulted Note is paid in full or payment is duly provided for, all subject to Section 8 hereof.

Section 13. Trustee. The Trustee is hereby appointed as paying agent, registrar and authenticating agent for the Note. The District hereby directs and authorizes the payment by the Trustee of the interest on and principal of the Note when such become due and payable, from the Payment Account held by the Trustee in the name of the District in the manner set forth herein. The District hereby covenants to deposit funds in such account at the time and in the amount specified herein to provide sufficient moneys to pay the principal of and interest on the Note on the day on which it matures. Payment of the Note shall be in accordance with the terms of the Note and this Resolution.

The District hereby agrees to maintain as paying agent, registrar and authenticating agent of the Note, the Trustee under the Trust Agreement.

Section 14. Approval of Actions. The aforementioned Authorized Representatives of the District are hereby authorized and directed to execute the Note and cause the Trustee to authenticate and accept delivery of the Note, pursuant to the terms and conditions of this Resolution and the Trust Agreement. All actions heretofore taken by the officers and agents of the District or this Legislative Body with respect to the sale and issuance of the Note and participation in the Program are hereby approved, confirmed and ratified and the Authorized

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Representatives and agents of the District are hereby authorized and directed, for and in the name and on behalf of the District, to do any and all things and take any and all actions and execute any and all certificates, agreements and other documents which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Note in accordance with, and related transactions contemplated by, this Resolution. The Authorized Representatives of the District referred to above in Section 4 hereof are hereby designated as “Authorized District Representatives” under the Trust Agreement.

In the event that the Note or a portion thereof is secured by a Credit Instrument, any one of the Authorized Representatives of the District is hereby authorized and directed to provide the Credit Provider, with any and all information relating to the District as such Credit Provider may reasonably request.

Section 15. Proceedings Constitute Contract. The provisions of the Note and of this Resolution shall constitute a contract between the District and the registered owner of the Note and the Credit Provider, if any, and such provisions shall be enforceable by mandamus or any other appropriate suit, action or proceeding at law or in equity in any court of competent jurisdiction, and shall be irrepealable. The Credit Provider, if any, is a third party beneficiary of the provisions of this Resolution and the Note.

Section 16. Limited Liability. Notwithstanding anything to the contrary contained herein or in the Note or in any other document mentioned herein, the District shall not have any liability hereunder or by reason hereof or in connection with the transactions contemplated hereby except to the extent payable from moneys available therefor as set forth in Section 8 hereof.

Section 17. Amendments. At any time or from time to time, the District may adopt one or more Supplemental Resolutions with the written consents of the Authority and the Credit Provider, if any, but without the necessity for consent of the owner of the Note for any one or more of the following purposes:

(A) to add to the covenants and agreements of the District in this Resolution, other covenants and agreements to be observed by the District which are not contrary to or inconsistent with this Resolution as theretofore in effect;

(B) to add to the limitations and restrictions in this Resolution, other limitations and restrictions to be observed by the District which are not contrary to or inconsistent with this Resolution as theretofore in effect;

(C) to confirm, as further assurance, any pledge under, and the subjection to any lien or pledge created or to be created by, this Resolution, of any monies, securities or funds, or to establish any additional funds or accounts to be held under this Resolution;

(D) to cure any ambiguity, supply any omission, or cure or correct any defect or inconsistent provision in this Resolution; or

(E) to amend or supplement this Resolution in any other respect;

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provided, however, that any such Supplemental Resolution does not adversely affect the interests of the owner of the Note or of the Note Participations executed and delivered in connection with the Notes.

Any modifications or amendment of this Resolution and of the rights and obligations of the District and of the owner of the Note or of the Note Participations executed and delivered in connection with the Notes may be made by a Supplemental Resolution, with the written consents of the Authority and the Credit Provider, if any, and with the written consent of the owners of at least a majority in principal amount of the Note and of the Note Participations executed and delivered in connection with the Notes outstanding at the time such consent is given; provided, however, that if such modification or amendment will, by its terms, not take effect so long as the Note or any or of the Note Participations executed and delivered in connection with the Notes remain outstanding, the consent of the owners of such Note or of the Note Participations executed and delivered in connection with the Notes shall not be required. No such modification or amendment shall permit a change in the maturity of the Note or a reduction of the principal amount thereof or an extension of the time of any payment thereon or a reduction of the rate of interest thereon, or a change in the date or amounts of the pledge set forth in this Resolution, without the consent of the owners of such Note or the owners of all of the Note Participations executed and delivered in connection with the Notes, or shall reduce the percentage of the Note or the owners of all of the Note Participations executed and delivered in connection with the Notes, the consent of the owners of which is required to effect any such modification or amendment, or shall change or modify any of the rights or obligations of the Trustee without its written assent thereto.

Notwithstanding any other provision herein, the provisions of this resolution as they relate to the terms of the Note Participations may be modified by the Purchase Agreement.

Section 18. Severability. In the event any provision of this Resolution shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.

Section 19. Request to Borrow; Transmittal of Resolution. (A) The Note shall be issued in conjunction with the note or notes of one or more other community college districts, as described in Section 53853(b) of the Act. Following its adoption by the Legislative Body, signed copies of this resolution shall be transmitted by the secretary or clerk of the Legislative Body to the treasurer of the county (the “County”) in which the District is located, to the County’s board of supervisors (the “County Board”), and to the County’s superintendent of schools. Transmittal of this resolution to the County Board shall constitute a request by the Legislative Body for borrowing and for the issuance of the Note by the County Board. This resolution is based on the assumption that the County Board will fail to authorize, by resolution, the issuance of the Note within 45 calendar days of its receipt hereof or that the County Board will notify the District that it will not authorize the issuance of the Note within such 45-day period. If within such 45-day period the County Board authorizes, by resolution, issuance of the Note, then, notwithstanding this resolution, the Notes shall be issued in the name of the District by the County Board pursuant to such resolution of the County Board.

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(B) Adoption of this resolution is based on the assumption that the Note shall be issued as part of the Program, in conjunction with the note or notes of one or more community college districts, as described in Section 53853(b) of the Act. However, and notwithstanding any other provision herein, if District elects not to, or is otherwise unable to, issue its Note in conjunction with the note or notes of such other community college districts, transmittal of this Resolution shall constitute a request for borrowing and for the issuance, on a stand-alone basis, of the Note by the County Board. In such instance, and notwithstanding this resolution, the Notes shall be issued in the name of the District by the County Board pursuant to a resolution thereof.

Section 20. Limited Liability and Indemnification. (a) Notwithstanding anything to the contrary contained herein or in the Note or in any other document mentioned herein or related to the Note or to any Series of Note Participations to which the Note may be assigned, the District shall not have any liability hereunder or by reason hereof or in connection with the transactions contemplated hereby except to the extent payable from moneys available therefor as set forth herein and (b) the District shall indemnify and hold harmless, to the extent permitted by law, the County and its officers and employees ("Indemnified Parties"), against any and all losses, claims, damages or liabilities, joint or several, to which such Indemnified Parties may become subject because of action or inaction related to the adoption of a resolution by the County Board of Supervisors providing for the issuance and sale of the Notes, or related to the proceedings for sale, award, issuance and delivery of the Notes in accordance therewith and herewith. The District shall also reimburse any such Indemnified Parties for any legal or other expenses incurred in connection with investigating or defending any such claims or actions.

Section 21. Appointment of Professionals. The law firm of Stradling Yocca Carlson & Rauth is hereby appointed as Special Counsel and Disclosure Counsel for the Program. The District acknowledges that Special Counsel regularly performs legal services for many private and public entities in connection with a wide variety of matters, and that Special Counsel has represented, is representing or may in the future represent other public entities, underwriters, trustees, rating agencies, insurers, credit enhancement providers, lenders, financial and other consultants who may have a role or interest in the proposed financing or that may be involved with or adverse to District in this or some other matter. Given the special, limited role of Special Counsel described above the District acknowledges that no conflict of interest exists or would exist, waives any conflict of interest that might appear to exist, and consents to any and all such relationships.

RBC Capital Markets, LLC, Los Angeles, California, or such other underwriter as may be identified in the Purchase Agreement, is hereby appointed as lead Underwriter for the Program. The one or the several underwriters as may be identified in the Purchase Agreement are hereby appointed as Underwriter for the Program.

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Section 22. Form 8038-G; Continuing Disclosure. (A) Any Authorized Officer is hereby authorized to execute and deliver any Information Return for Tax-Exempt Governmental Obligations, Form 8038-G of the Internal Revenue Service (“Form 8038-G”), in connection with the issuance of the Note and the related Series of Note Participations. To the extent permitted by law, the Authority, the Trustee, the Underwriter and Special Counsel are each hereby authorized to execute and deliver any Form 8038-G for and on behalf of the District in connection with the issuance of the Note and the related Series of Note Participations, as directed by an Authorized Officer of the District.

(B) The District covenants, for the sole benefit of the Owners of the Series of Note Participations which evidence and represent the Note (and, to the extent specified in this Section 22, the beneficial owners thereof), that the District shall provide, through the Trustee acting as dissemination agent (the “Dissemination Agent”) to the Municipal Securities Rulemaking Board, with respect to the District’s outstanding Note, notice of any of the following (each, a “Listed Event”) in a timely manner, not in excess of 10 business days after the occurrence thereof:

(1) (i) principal and interest payment delinquencies on the Note and the related Series of Note Participations; (ii) tender offiers, (iii) defeasances; (iv) rating changes; (v) adverse tax opinions, the issuance by the IRS of proposed or final determinations of taxability, or Notices of Proposed Issue (IRS 5701-TEB), (vi) unscheduled draws on debt service reserves reflecting financing difficulties; (vii) unscheduled draws on the credit enhancement reflecting financial difficulties; (viii) substitution of credit or liquidity providers, or their failure to perform; and (ix) bankruptcy, insolvency, receivership or similar event (within the meaning of the Rule) of the District.

(C) The District covenants, for the sole benefit of the Owners of the Series of Note Participations which evidence and represent the Note (and, to the extent specified in this Section 22, the beneficial owners thereof), that the District shall provide in a timely manner, through the Trustee acting as the Dissemination Agent to the Municipal Securities Rulemaking Board, with respect to the District’s outstanding Note, notice of any of the following Listed Events, if material:

(1) (i) non-payment related defaults; (ii) modifications to rights of Owners and beneficial owners of the Series of Note Participations which evidence and represent the Note; (iii) optional, contingent or unscheduled bond calls; (iv) unless described under Section 22(B)(1)(v) hereof, events affecting the tax-exempt status of the Note and the related Series of Note Participations; (v) release, substitution or sale of property securing repayment of the Note, (vi) the consummation of a merger, consolidation, or acquisition involving the District or the sale of all or substantially all of the assets of the District, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms; (vii) appointment of a successor or additional Trustee or the change of name of such Trustee.

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Whenever the District obtains knowledge of the occurrence of a Listed Event under Section 22(C)(1) hereof, the District shall as soon as possible determine if such event would be material under applicable federal securities laws. The Authority and the Dissemination Agent shall have no responsibility for such determination and shall be entitled to conclusively rely upon the District’s determination.

If the District determines that knowledge of the occurrence of a Listed Event under Section 22(C)(1) hereof would be material under applicable federal securities laws, or upon the occurrence of any Listed Event under Section 22(B)(1) hereof, the District shall promptly provide the Authority and the Dissemination Agent with a notice of such occurrence in a timely manner not in excess of 10 business days after the occurrence of the event, which the Dissemination Agent agrees to file with the Municipal Securities Rulemaking Board.

(D) In the event of a failure of the District to comply with any provision of this section, any Owner or beneficial owner of the related Series of Note Participations may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the District to comply with its obligations under this section. A default under this section shall not be deemed an Event of Default under Section 12 hereof, and the sole remedy under this section in the event of any failure of the District to comply with this section shall be an action to compel performance.

(E) For the purposes of this section, a “beneficial owner” shall mean any person which has the power, directly or indirectly, to make investment decisions concerning ownership of any Note Participations of the Series which evidences and represents the Notes (including persons holding Note Participations through nominees, depositories or other intermediaries).

(F) The District’s obligations under this section shall terminate upon the legal defeasance, prior redemption or payment in full of its Note. If such termination occurs prior to the final maturity of the related Note Participations, the District shall give notice of such termination in the same manner as for a Listed Event under subsection (B)(1)(iii) of this section.

(G) The Dissemination Agent shall not be responsible in any manner for the content of any notice or report prepared by the District pursuant to this section. In no event shall the Dissemination Agent be responsible for preparing any notice or report or for filing any notice or report which it has not received in a timely manner and in a format suitable for reporting. Nothing in this section shall be deemed to prevent the District from disseminating any other information, using the means of dissemination set forth in this section or any other means of communication, or including any other notice of occurrence of a Listed Event, in addition to that which is required by this section. If the District chooses to include any information in any notice of occurrence of a Listed Event in addition to that which is specifically required by this section, the District shall have no obligation under this section to update such information or include it in any future notice of occurrence of a Listed Event.

(H) Notwithstanding any other provision of this Resolution, the District with the consent of the Dissemination Agent and notice to the Authority may amend this section, and any provision of this section may be waived, provided that the following conditions are satisfied:

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(1) If the amendment or waiver relates to the provisions of subsections (B) or (C) of this section, it may only be made in connection with a change in circumstance that arises from a change in legal requirements, change in law, or change in the identity, nature or status of an obligated person with respect to the Note and the related Note Participations, or the type of business conducted;

(2) The undertaking, as amended or taking into account such waiver, would in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the original issuance of the Note and the related Note Participations, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and

(3) The amendment or waiver either (i) is approved by the Owners or beneficial owners of the Note Participations of the Series which evidences and represents the Note in the same manner as provided in the Trust Agreement for amendments to the Trust Agreement with the consent of Owners or beneficial owners, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the Owners or beneficial owners of the related Note Participations. In the event of any amendment or waiver of a provision of this section, notice of such change shall be given in the same manner as for a Listed Event under subsection (B) of this section, and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver; provided, however, the District shall be responsible for preparing such narrative explanation.

(I) The Dissemination Agent shall have only such duties as are specifically set forth in this section. The Dissemination Agent shall not be liable for the exercise of any of its rights hereunder or for the performance of any of its obligations hereunder or for anything whatsoever hereunder, except only for its own willful misconduct or gross negligence. Absent gross negligence or willful misconduct, the Dissemination Agent shall not be liable for an error of judgment. No provision hereof shall require the Dissemination Agent to expend or risk its own funds or otherwise incur any financial or other liability or risk in the performance of any of its obligations hereunder, or in the exercise of any of its rights hereunder, if such funds or adequate indemnity against such risk or liability is not reasonably assured to it. The District hereunder agrees to compensate the Dissemination Agent for its reasonable fees in connection with its services hereunder, but only from the District’s share of the costs of issuance deposited in the Costs of Issuance Fund held and invested by the Trustee under the Trust Agreement.

(J) This section shall inure solely to the benefit of the District, the Dissemination Agent, the Underwriter and the Owners and beneficial owners from time to time of the Note Participations, and shall create no rights in any other person or entity.

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Section 23. Resolution Parameters.

(a) Name of District: Merced Community College District

(b) Maximum Amount of Borrowing: $10,000,000

(c) Authorized Representatives:

TITLE

(1) Superintendent/President

(2) Vice President, Administrative Services

(3) Director, Business & Fiscal Services

[REMAINDER OF PAGE LEFT BLANK]

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Section 24. Effective Date. This Resolution shall take effect from and after its date of adoption.

PASSED AND ADOPTED by the District this 17th day of April, 2012, by the following vote:

AYES:

NOES:

ABSENT:

By: President, Board of Trustees

Attest:

Secretary, Board of Trustees

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EXHIBIT A

FORM OF NOTE

MERCED COMMUNITY COLLEGE DISTRICT

2012-2013 TAX AND REVENUE ANTICIPATION NOTE, SERIES A*/

Interest Rate

Maturity Date

Date of Original Issue

First

Repayment Date Second

Repayment Date Third

Repayment Date __% (Total of principal and interest due on Note at maturity)

__% (Total of principal and interest due on Note at maturity)

__% (Total of principal and interest due on Note at maturity)**/

REGISTERED OWNER: PRINCIPAL AMOUNT:

FOR VALUE RECEIVED, the District designated above (the “District”) acknowledges itself indebted to and promises to pay to the registered owner identified above, or registered assigns, on the maturity date set forth above, the principal sum specified above in lawful money of the United States of America, and to pay interest thereon on each Interest Payment Date, as defined in the Trust Agreement, at the rate of interest specified above (the “Note Rate”). Principal of and interest on this Note are payable in such coin or currency of the United States as at the time of payment is legal tender for payment of private and public debts, such principal to be paid upon surrender hereof at the principal corporate trust office of Wells Fargo Bank, National Association in Los Angeles, California, or its successor in trust (the “Trustee”). Interest is payable as specified in the Trust Agreement. Interest shall be calculated on the basis of a 360-day year, consisting of twelve 30-day months, in like lawful money from the date hereof until the maturity date specified above and, if funds are not provided for payment at maturity, thereafter on the basis of a 360-day year for actual days elapsed until payment in full of said principal sum. Both the principal of and interest on this Note shall be payable only to the registered owner hereof upon surrender of this Note as the same shall fall due; provided,

*/ If more than one Series is issued under the Program in the Repayment Fiscal Year.

**/ Number of Repayment Dates and percentages to be determined in Pricing Confirmation (as defined in the Resolution).

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however, no interest shall be payable for any period after maturity during which the holder hereof fails to properly present this Note for payment. If the District fails to pay this Note when due or the Credit Provider (as defined in the Resolution hereinafter described), if any, is not reimbursed in full for the amount drawn on or paid pursuant to the Credit Instrument (as defined in the Resolution) to pay all or a portion of this Note on the date of such payment, this Note shall become a Defaulted Note (as defined and with the consequences set forth in the Resolution).

It is hereby certified, recited and declared that this Note (the “Note”) represents the authorized issue of the Note in the aggregate principal amount made, executed and given pursuant to and by authority of certain resolutions of the Legislative Body of the District duly passed and adopted heretofore, under and by authority of Article 7.6 (commencing with Section 53850) of Chapter 4, Part 1, Division 2, Title 5 of the California Government Code (collectively, the “Resolution”), to all of the provisions and limitations of which the owner of this Note, by acceptance hereof, assents and agrees.

The principal of the Note, together with the interest thereon, shall be payable from taxes, income, revenue, cash receipts and other moneys which are received by the District for the general fund of the District, and which are available for payment thereof (collectively, the “Unrestricted Revenues”). As security for the payment of the principal of and interest on the Note, the District has pledged the first amounts of Unrestricted Revenues of the District received during the Repayment Months (as defined in the Resolution) identified in the Pricing Confirmation (as defined in the Resolution) (and any amounts received thereafter) until the amount on deposit in the Payment Account (as defined in the Resolution) in each such month, is equal to the corresponding percentages of principal of and interest due on the Note as set forth in the Pricing Confirmation (such pledged amounts being hereinafter called the “Pledged Revenues”), and the principal of the Note and the interest thereon shall constitute a first lien and charge thereon and shall be payable from the Pledged Revenues, and to the extent not so paid shall be paid from any other moneys of the District lawfully available therefor as set forth in the Resolution. The full faith and credit of the District is not pledged to the payment of the principal or interest on this Note.

The District and the Trustee may deem and treat the registered owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes, and the District and the Trustee shall not be affected by any notice to the contrary.

It is hereby certified that all of the conditions, things and acts required to exist, to have happened and to have been performed precedent to and in the issuance of this Note do exist, have happened and have been performed in due time, form and manner as required by the Constitution and statutes of the State of California and that the amount of this Note, together with all other indebtedness of the District, does not exceed any limit prescribed by the Constitution or statutes of the State of California.

It is hereby certified that all of the conditions, things and acts required to exist, to have happened and to have been performed precedent to and in the issuance of this Note do exist, have happened and have been performed in due time, form and manner as required by the Constitution and statutes of the State of California and that the amount of this Note, together

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with all other indebtedness of the District, does not exceed any limit prescribed by the Constitution or statutes of the State of California.

IN WITNESS WHEREOF, the Legislative Body of the District has caused this Note to be executed by the manual or facsimile signature of a duly Authorized Representative of the District and countersigned by the manual or facsimile signature of the Secretary or Clerk of the Board of Trustees as of the date of authentication set forth below.

MERCED COMMUNITY COLLEGE DISTRICT By: [no signature/form only]

President, Board of Trustees

Countersigned By: [no signature/form only]

Secretary, Board of the Trustees

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CERTIFICATE OF AUTHENTICATION AND REGISTRATION

This Note is the Note mentioned in the within-mentioned Resolution authenticated on the following date:

WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee By: [no signature/form only]

Authorized Officer

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[STATEMENT OF INSURANCE]*/

*/ To be used only if Credit Instrument is a policy of municipal bond insurance.

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BOARD AGENDA BACKUP



Item: Ratification of Purchase Agreement with Los Banos Unified School District Selling Surplus Property (Los Banos Mercey Springs Road Property) to Los Banos Unified School District in Accordance with California Education Code Sections 81430 to 81432. Presented By: Mazie L. Brewington For: Information ______Action X STATEMENT OF ISSUE/PURPOSE Background and Purpose: On March 12, 2012, the Board of Trustees unanimously adopted a resolution authorizing the sale of surplus property to Los Banos Unified School District pursuant to Education Code Section 81430 to 81432 and setting forth the terms and conditions of that sale; and That resolution was published in a newspaper of general circulation within the District once a week for three weeks; and District administration negotiated a final purchase agreement with Los Banos Unified School District. All District contracts are subject to Board ratification and subsequent execution by the Interim Superintendent/President. The Interim Superintendent/President recommends the Board ratify the Purchase Agreement. The Purchase Agreement is included as ATTACHMENT A. Recommendation/Requested Action It is recommended that the Board of Trustees hereby ratify the Purchase Agreement with Los Banos Unified School District selling the surplus property to

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Los Banos Unified School District for the agreed upon price of one million fifty thousand dollars ($1,050,000.00). Attachments: Purchase Agreement with Los Banos Unified School District selling the surplus property to Los Banos Unified School District.

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AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS

BETWEEN MERCED COMMUNITY COLLEGE DISTRICT

AND LOS BANOS UNIFIED SCHOOL DISTRICT

This Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions (“Agreement”) is entered into as of ______________________, 2012 (“Effective Date”), between MERCED COMMUNITY COLLEGE DISTRICT, a California Community College District (“Seller”), and the LOS BANOS UNIFIED SCHOOL DISTRICT, a California Public School District (“Buyer”). Seller and Buyer may also be referred to in this Agreement singularly as a “Party” and collectively as the “Parties.”

RECITALS

A. Seller is the owner in fee of certain real property located in the City of Los Banos, County of Merced, which is particularly described in the Legal Description attached as Exhibit “A” hereto and incorporated herein by reference (“Land”).

B. Buyer wishes to acquire from Seller the Land, together with all improvements located thereon, all easements, licenses, and interests appurtenant therto and all land entitlements owned or held by Seller in connection with the Land (collectively the “Property”) upon the terms and conditions set forth in this Agreement, as a site for the construction and operation of a school, as more fully described in Section 1.1 below. The Buyer’s purchase of the Property is necessary to serve the Buyer’s school facilities needs.

The Parties therefore agree as follows:

ARTICLE 1 PURCHASE AND SALE

1.1 Purchase and Sale of the Property

Subject to the terms and conditions that follow, Seller shall sell to Buyer, and Buyer shall purchase from Seller, the Property.

1.2 Condition of Property

Upon the Close of Escrow, Buyer shall acquire the Property in its “AS-IS” condition by a fully executed Grant Deed as set forth in the form attached at Exhibit “B” (“Grant Deed”) and shall be responsible for any defects in the Property, whether patent or latent, including, without limitation, the exact area and size of the Property, the physical, environmental, and geotechnical condition of the Property, and the existence of any

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denise.butler

Typewritten Text

denise.butler

Typewritten Text

Attachment A

contamination, Hazardous Materials, debris, or other structures located on, under or about the Property. Except as expressly set forth herein, Seller makes no representation or warranty concerning the physical, environmental, geotechnical, or other condition of the Property, the suitability of the Property for the Buyer’s school site, or the present use of the Property, and specifically disclaims all representations or warranties of any nature concerning the Property made by Seller and its employees, agents and representatives. The foregoing disclaimer includes, without limitation, topography, climate air, water rights, utilities, present and future zoning, soil, subsoil, existence of Hazardous Materials or similar substances, the purpose for which the Property is suited, or drainage. The Seller makes no representation or warranty concerning the compaction of soil upon the Property, nor the suitability of the soil for construction.

1.3 Purchase Price

(A) The purchase price for the Property (“Purchase Price”) shall be One Million Fifty Thousand Dollars ($1,050,000.00), based on the appraisal prepared by Apex Appraisal Associates. The Purchase Price is based on the value of the Property including the improvements thereon.

(B) Buyer will pay the Purchase Price to Seller, through Escrow, on the following terms and conditions:

(1) Escrow shall be opened at TransCounty Title Company (“Escrow Holder” or “Title Company”) at the address specified in Article 5 below.

(2) Title to the Property shall be conveyed by the Seller to the Buyer by a fully executed and notarized Grant Deed for the Property in the form attached as Exhibit “B”. Buyer shall accept the Grant Deed using the Certificate of Acceptance in the form attached as Exhibit “C”. The original of the Grant Deed for the Property shall be deposited in Escrow by Seller, along with all other documents required to be deposited in Escrow.

(3) The Buyer shall have approved the “Preliminary Title Report” (as hereinafter defined) for the Property and any exceptions stated therein pursuant to the terms of this Agreement.

(C) If any tenant is on the Property, Seller must terminate the tenancy before the “Close of Escrow” (as hereinafter defined). No tenant has any right to any part of the Purchase Price and Buyer will pay the Purchase Price only to the Seller. If any tenant is on the Property, other than the Seller, Seller will indemnify and defend the Buyer against any claims for any share in the Purchase Price based on that tenancy.

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1.4 Deposit

Upon the Effective Date of this Agreement, Buyer shall deposit Fifty Thousand Dollars ($50,000.00) as a deposit (“Deposit”) into Escrow. Said Deposit shall be immediately released to Seller, through Escrow, and, except as otherwise set forth herein, shall be non-refundable to Buyer. The Deposit will be returned to Buyer should Escrow not close due to the sole default of the Seller. Seller shall in all situations maintain any and all interest earned on the Deposit. The Deposit shall be applied to the Purchase Price.

ARTICLE 2 REPRESENTATIONS AND WARRANTIES

2.1 Seller’s Representations and Warranties

(A) No Commitments or Agreements

Except as specifically disclosed to Buyer in writing or otherwise known to the best knowledge of Buyer, Seller has made no written commitments or agreements materially and adversely affecting the Property, or any part thereof, or any interest therein, which will survive the Close of Escrow.

(B) Liens

Except as specifically disclosed to Buyer in writing or otherwise known to the best knowledge of Buyer, to the best knowledge of Seller, there are no mechanics’, materialmen’s or similar claims or liens presently claimed or which will be claimed against the Property for work performed or commenced for Seller or on Seller’s behalf.

(C) Rights of Possession

Except as specifically disclosed to Buyer in writing or otherwise known to the best knowledge of Buyer, there are not as of the date of this Agreement, nor will there be as of the Close of Escrow, any written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property and no persons shall have any right of possession to the Property as of the Close of Escrow or at any time thereof.

(D) Ownership and Encumbrances

Seller has not and shall not, prior to Close of Escrow without the prior written consent of Buyer, which consent may be given or denied in Buyer’s absolute discretion, enter into any lien, encumbrance, easement or license agreement, or any other agreement permitting others to use the Property, or any portion thereof, or convey any part of the Property; provided, however, Buyer shall not unreasonably withhold its consent to the granting by Seller of one or more easements over the Property for public utility, sewer and/or drainage purposes so

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long as the granting of any such easement does not unreasonably interfere with Buyer’s use of the Property as a school site.

(E) Full Power and Authority

Neither this Agreement nor anything provided to be done hereunder including the transfer of title to the Property to Buyer violates or shall violate any contract, agreement or instrument to which Seller is a party. Seller has the full power and authority to enter into this Agreement and consummate the transaction contemplated hereby. The execution, delivery and performance of this Agreement will have been duly and validly authorized by Seller upon ratification by Seller’s Board of Trustees, and no other action by Seller is requisite to the valid and binding execution, delivery, and performance of this Agreement by Seller.

(F) Litigation

Except as specifically disclosed to Buyer in writing, or otherwise known to the best knowledge of Buyer, to the best knowledge of Seller, there are no actions, suits, claims or legal or other proceedings pending or threatened against Seller or against the Property, which does or will materially adversely affect Seller’s ability to consummate this transaction and to convey the Property to the Buyer.

(G) Reports

To the best knowledge of the Seller, Seller has made available to the Buyer all third party professional reports within its possession concerning the Property.

(H) Environmental Laws/Hazardous Materials

Except as disclosed in writing by Seller, to the best of Seller’s knowledge: (i) there has been no production, storage or disposal on the Property of any Hazardous Material (as defined below) by Seller or, to the best of Seller’s knowledge, by any previous owner or tenant of the Property; (ii) Hazardous Materials have not been dumped, buried, leaked, or otherwise released upon, in or under Property or allowed to pass on, under or through the Property at any time during or prior to Seller’s ownership of the Property; (iii) Seller has complied with all laws, regulations, and ordinances (“Environmental Laws”) relating to the use of all Hazardous Materials used on the Property; (iv) there is no proceeding or inquiry by any federal, state or local governmental agency with respect to the use, production, storage, release or migration of Hazardous Materials on, through or across the Property; and (v) there is no contamination of Hazardous Materials on, at, about, or within the Property, except as has been identified through Buyer’s environmental site assessment work. “Hazardous Material” means any hazardous or toxic substance, material or waste that is: (i) regulated by any governmental authority, the State of California or the United States; (ii) defined as an “acutely hazardous waste,” “extremely hazardous waste,” “hazardous waste,” or “waste” under Sections 25110.02, 25115, 25117, or 25124 of the California Health and

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Safety Code, or listed pursuant to Sections 25141 and 25141.5 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control); (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (iv) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code Division 20 Chapter 6.7 (Underground Storage of Hazardous Substances); (v) petroleum; (vi) asbestos; (vii) listed under Chapter 10 Division 4.5 of Title 22 or defined as hazardous or extremely hazardous pursuant to Division 21.5 of Title 26 of the California Code of Regulations; (viii) designated as a “hazardous waste” pursuant to Section 6903 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; (ix) defined as a “hazardous substance” pursuant to Section 9601 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq.; (x) any flammable substances or explosives; or (xi) any radioactive material.

(I) Notices

To the best of the Seller’s knowledge, the Seller has made all disclosures and provided all notices to Buyer which are required by Section 25359.7 of the California Health and Safety Code.

(J) Best Knowledge

For purposes of this Section 2.1, the phrase “best of Seller’s knowledge” means the actual knowledge of Benjamin Duran, Superintendent/President, acting in his representative capacity, Mazie Brewington, Vice President of Administrative Services, acting in her representative capacity, and Rick Souhrada, Director of Facilities, acting in his representative capacity, on behalf of, and for, the Seller only, without any independent investigation having been made, and not based on any implied, imputed or constructive knowledge of Seller, including all of its officers and directors.

(K) To Seller’s knowledge, Seller is not in default of any of its obligations or liabilities pertaining to the Property, nor are there any existing facts, circumstances, conditions, or events that would constitute or result in any default on the giving of notice, the passage of time, or both.

(L) Seller has not received written notice from any governmental agency that the Property is in violation of any statute or regulation.

(M) Seller has not:

(1) Made a general assignment for the benefit of creditors;

(2) Filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by its creditors;

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(3) Suffered the appointment of a receiver to take possession of all or substantially all of its assets;

(4) Suffered the attachment or other judicial seizure of all, or substantially all, of its assets;

(5) Admitted in writing its inability to pay its debts as they come due; or

(6) Made an offer of settlement, extension, or composition to its creditors generally.

(N) If between the Effective Date and the Close of Escrow, Seller or Buyer becomes aware of facts or circumstances which would make any of Seller's representations or warranties hereunder materially incorrect such fact or circumstance shall not be construed as a breach by Seller of such applicable representation or warranty but Buyer shall have the right to either: (i) terminate this Agreement if such fact or circumstance would have a material and adverse impact on the Property or Buyer's intended development thereof, in which case Seller keeps the non-refundable Deposit, or (ii) waive such condition and proceed to Close of Escrow in accordance with this Agreement in which case the representations and warranties of Seller hereunder shall be deemed modified and remade to incorporate such fact or circumstance as an exception thereto. In the event that Buyer exercises its right to terminate this Agreement, Seller shall return the Deposit to Buyer.

2.2 Buyer’s Representations and Warranties

(A) Ownership and Encumbrances

Buyer shall not, prior to Close of Escrow without the prior written consent of Seller, which consent may be given or denied in Seller’s absolute discretion, enter into any lien, encumbrance, easement or license agreement, or any agreement permitting others to use the Property, or any portion thereof, or convey any part of the Property.

(B) Full Power and Authority

Neither this Agreement nor anything provided to be done hereunder including the transfer of title to the Property to Buyer, violates or shall violate any contract, agreement or instrument to which Buyer is a party. Buyer has the full power and authority to enter into this Agreement and consummate the transaction contemplated hereby. The execution, delivery and performance of this Agreement will have been duly and validly authorized by Buyer upon ratification by Buyer’s Board of Trustees, and no other action by Buyer is requisite to the valid and binding execution, delivery, and performance of this Agreement by Buyer.

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(C) Litigation

Except as specifically disclosed to Seller in writing, or otherwise known to the best knowledge of Seller, there are no actions, suits, claims, or legal or other proceedings pending or threatened against Buyer, which does or will materially adversely affect Buyer’s ability to consummate this transaction and to acquire the Property from the Seller.

(D) Change of Representation or Warranty

In the event Buyer acquires knowledge that any such representation or warranty is no longer accurate, Buyer shall advise Seller of same prior to Close of Escrow.

(E) Best Knowledge

For purposes of this Section 2.2, the phrase “best of Buyer’s knowledge” means the actual knowledge of Steve Tietjen, Superintendent of Schools, acting in his representative capacity, and Dean Bubar, Chief Business Official, acting in his representative capacity, on behalf of, and for, the Buyer only, without any independent investigation having been made, and not based on any implied, imputed or constructive knowledge of Buyer, including all of its officers and directors.

(F) Buyer has not:

(1) Made a general assignment for the benefit of creditors;

(2) Filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by its creditors;

(3) Suffered the appointment of a receiver to take possession of all or substantially all of its assets;

(4) Suffered the attachment or other judicial seizure of all, or substantially all, of its assets;

(5) Admitted in writing its inability to pay its debts as they come due; or

(6) Made an offer of settlement, extension, or composition to its creditors generally.

(G) Environmental Laws and/or Hazardous Materials Release

Buyer has conducted appropriate environmental tests of the Property, and Buyer’s tests did not reveal a prohibited condition existing on the Property. Buyer hereby waives any claim against Seller for any prohibited condition existing on the Property or violation of the Environmental Laws unless the Seller intentionally, maliciously, and knowingly misrepresented any material condition of the

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Property. However, this waiver does not extend to any claim for indemnification by Seller that Buyer may have for third party claims related to injury or other damages occurring or arising out of Seller’s operation of the Property prior to the Close of Escrow.

ARTICLE 3 CONDITIONS PRECEDENT

3.1 Conditions Precedent to Closing of Escrow

The obligation of the Buyer and the Seller to complete this transaction pursuant to this Agreement is subject to the satisfaction, at or before the Close of Escrow, of the conditions contained herein. The Buyer and the Seller agree that each will, in good faith, endeavor to remove all said contingencies and conditions that are within its control. The following are conditions precedent to the Close of Escrow:

(A) The Buyer must pay the Purchase Price to the Seller by depositing sufficient funds with the Escrow Holder in advance of the time necessary to close escrow pursuant to Section 4.3 of this Agreement;

(B) Prior to the “Closing Date” (as hereinafter defined), the Parties will deposit with the Escrow Holder the title insurance and escrow closing costs for which they are responsible. The Escrow Holder will place all sums deposited into an Escrow account;

(C) The Title Company will be prepared to issue the “Title Policy” (as hereinafter defined) in the name of the Buyer for marketable title, free of restrictions, liens, and encumbrances except for those restrictions, liens, and encumbrances specifically allowed by Section 4.4 below, the standard printed exceptions and exclusions contained in the form of the Title Policy commonly used by the Escrow Holder, title exceptions resulting from documents being recorded or delivered through Escrow pursuant to this Agreement, or otherwise approved in writing by the Buyer;

(D) Each Party must have provided the other Party with five (5) signed-originals of this Agreement;

(E) Buyer’s Board of Trustees shall have ratified this Agreement;

(F) Seller’s Board of Trustees shall have ratified this Agreement;

(G) Escrow must not have been canceled or this Agreement terminated;

(H) The Buyer’s and the Seller’s covenants, representations, and warranties shown above are true as of the Close of Escrow; and

(I) Seller and Buyer must not be in breach or default of any of their respective obligations under this Agreement.

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3.2 Termination

In the event each of the conditions set forth in Section 3.1 is not fulfilled within the time set forth in Section 4.3 of this Agreement or waived by the affected Party pursuant to Section 6.1, either Party may, at its option, terminate this Agreement and the Escrow opened hereunder, thereby releasing the Parties from further obligations hereunder. In the event of such termination by Buyer, the Escrow Holder shall pay the Seller the entire Deposit placed in Escrow by the Buyer. In the event of such termination by Seller, the Escrow Holder shall return the Deposit to Buyer; or, if Seller has withdrawn the Deposit, Seller shall return the Deposit to Buyer.

ARTICLE 4 ESCROW PROVISIONS

4.1 Escrow, Escrow Holder, and Opening of Escrow

Buyer’s delivery to Escrow Holder of a fully executed original of this Agreement constitutes the opening of Escrow.

4.2 Escrow Instructions

The Parties shall provide a copy of this Agreement, supplemental escrow instructions, signed by both Parties, and any other document necessary to consummate the purchase of the Property and to the Close of Escrow as contemplated by this Agreement to the Escrow Holder. Without limiting the effect of the foregoing, Escrow Holder’s General Conditions will be binding on Seller and Buyer. In the event of any conflict between the provisions of this Agreement and the Escrow Holder’s General Conditions, this Agreement shall prevail.

4.3 Close of Escrow

Escrow for the Property shall close upon the recordation of the Grant Deed in accordance with the terms and conditions hereof (“Close of Escrow” or “Closing Date” or “Closing”). Escrow will close on or before ninety (90) calendar days after the Effective Date of this Agreement, unless otherwise extended by mutual written agreement between the Buyer and Seller. Any extension of the Close of Escrow shall not be effective unless and until a fully executed (by Buyer and Seller) original of any such written extension is provided to the Escrow Holder. In any event, the Close of Escrow shall only occur after all conditions set forth in this Agreement have been satisfied or waived.

4.4 Preliminary and Supplemental Title Reports

Within ten (10) days following the Effective Date, Seller must instruct Escrow Holder to obtain and provide Buyer with a preliminary title report with respect to the Property (“Preliminary Title Report”), together with copies of the instruments underlying all exceptions that are referred to in the Preliminary Title Report (collectively, the “Title Documents”). Buyer may review and approve the Preliminary Title Report and the Title Documents for a period of thirty (30) days following Buyer’s receipt of the Title

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Documents (“Title Review Period”). If Buyer fails to disapprove any item in the Preliminary Title Report by a writing delivered to Seller and Escrow Holder by the expiration of the Title Review Period, then Buyer will be conclusively considered to have approved the item. Seller shall have a period of ten (10) days after receipt of any notice of disapproval in which to deliver written notice to Buyer of Seller’s election to either (i) agree to remove or cure the objectionable items prior to the Close of Escrow, or (ii) decline to remove or cure any such title exceptions and terminate Escrow and this Agreement. If Seller elects to terminate Escrow and this Agreement, Buyer shall have the right, by written notice delivered to Seller within ten (10) days after Buyer’s receipt of Seller’s notice, to agree to accept the Property subject to the objectionable items in lieu of Seller’s termination. However, Buyer is not required to give notice of disapproval of debts, liens to secure debts, delinquent taxes, assessments due as of the Closing Date, or other financing or monetary encumbrances on the Property, and those items will not be considered as “Permitted Exceptions” (as hereinafter defined).

4.5 Condition of Title

At the expiration of the Title Review Period, all matters contained in the Title Documents that Buyer has approved, or is considered to have approved, are “Permitted Exceptions.”

Seller must convey the Property to Buyer in fee simple title, which must be, except for the Permitted Exceptions, free and clear of all known mortgages, liens, charges, encumbrances, encroachments, easements, conditions, exception, assessments, taxes, or other defects in title.

4.6 Escrow Closing Costs

Escrow and closing costs shall be shared equally by Buyer and Seller as follows.

(A) The Parties shall equally pay all closing and escrow costs including the cost of a standard form CLTA (California Land Title Association) title insurance policy issued by the Escrow Holder as the “Title Insurer,” and covering the Property for the Purchase Price (“Title Policy”) and escrow fees.

(B) Buyer and Seller are exempt from certain charges such as recording fees and documentary transfer taxes in accordance with Section 27383 of the Government Code.

(C) To the extent necessary or required by Seller, general real estate taxes for the then current year relating to the Property shall be prorated as of the Closing Date and Seller shall pay such taxes for the period prior to the Closing Date. If Closing shall occur before the actual taxes for the then current year are known, the apportionment of taxes shall be upon the basis of taxes for the Property for the immediately preceding year, provided that, if the taxes for the current year are thereafter determined to be more or less than the taxes for the preceding year (after any appeal of the assessed valuation thereof is concluded), the Buyer and the Seller promptly shall adjust the proration of such taxes and Buyer or Seller, as the case may be, shall pay to the other any amount required as a result of such

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adjustment. All special taxes or assessments (including any escaped assessments) which are attributable for the period prior to the Closing Date shall be paid by the Seller. After the Closing Date the Buyer shall be responsible for canceling the taxes for the Property. Buyer, as a public agency, is not obligated to pay property taxes and all property taxes will be cancelled by operation of law for the period after the Close of Escrow.

4.7 Obligations of Buyer

If all of the conditions precedent have been met or waived, then by Close of Escrow, Buyer must deposit with Escrow Holder, in immediately available funds, the balance of the Purchase Price plus all other amounts for which Buyer is responsible. Buyer must also deposit the following documents:

(A) A Certificate of Acceptance meeting the requirements of California Government Code Section 27281;

(B) A Preliminary Change of Ownership Statement, if required;

(C) All other sums and documents required by Escrow Holder to carry out and close the Escrow pursuant to this Agreement, including Buyer’s portion of prorations, if any.

4.8 Obligations of Seller

In addition to fulfilling any other obligations of Seller contained in this Agreement, by Close of Escrow, Seller must deposit into Escrow:

(A) The Grant Deed in recordable form and duly signed and acknowledged by Seller;

(B) All sums for which Seller is responsible, including, but not limited to, any sums necessary to cancel or pay taxes, special taxes, fees, charges, assessments, and other sums necessary to deliver free and clear title subject only to the Permitted Exceptions. Upon written authorization of Seller, such sums may be paid out of the Purchase Price;

(C) Documents reasonably required of Seller by Escrow Holder to carry out Close of Escrow. By the Close of Escrow, Seller must sign and deposit with Escrow Holder an original California Form 593-C and Certification of Non-Foreign Status (FIRPTA Certificate);

(D) Such proof of Seller’s authority and authorization to enter into this transaction as the Title Company may reasonably require in order to issue the Title Policy; and

4.9 Pro Forma Title Report & Estimated Closing Statement

The Escrow Holder must request from the Title Company a “Pro Forma Title Policy” at least fifteen (15) days before the Close of Escrow and must deliver it to Buyer for

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Buyer’s approval before the Close of Escrow. The Buyer will be considered to have approved the “Pro Forma Title Policy” if it contains only the Permitted Exceptions. The Escrow Holder must deliver to the Buyer and Seller an estimate of Closing Costs at least fifteen (15) days before the Close of Escrow.

4.10 Title Policy

Escrow Holder must deliver to Buyer, through Escrow, an ALTA owner’s standard policy of title insurance insuring Buyer as fee owner of the Property, subject only to the usual printed title company exceptions and the Permitted Exceptions, in an amount equal to the Purchase Price, issued by Title Company and dated as of the Close of Escrow.

4.11 Signing of Other Documents; Compliance with Regulations

The Parties will do all things and sign all documents that are reasonably necessary for Close of Escrow to occur. Furthermore, the Parties will comply at their own expense with all applicable laws and governmental regulations required for Close of Escrow to occur, including, but not limited to, any required filings with governmental authorities.

4.12 Recording of Documents and Delivery of Funds

On receipt of the funds and instruments described in this Article 4, and on the satisfaction or waiver of the conditions precedent to Close of Escrow, Escrow Holder must:

(A) Disburse to Seller the Purchase Price, less any Closing Costs owed by Seller under this Agreement;

(B) Cause the Grant Deed and other documents as specified in this Agreement to be recorded in the Office of the County Recorder of the County of Merced, California;

(C) Deliver conformed copies of the Grant Deed and all other appropriate documents to Buyer and Seller on Close of Escrow; and

(D) Deliver an original of the FIRPTA Certificate to Buyer and Seller on Close of Escrow.

4.13 Escrow Cancellation Charges

If Escrow fails to close because of the default of either Party, the defaulting Party shall be liable for all Escrow cancellation charges. If Escrow fails to close for any other reason, the Parties will equally share payment of all Escrow cancellation charges.

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ARTICLE 5 NOTICES

5.1 Notices

All notices under this Agreement must be in writing. All notices must be sent with postage fully prepaid and be addressed to the respective Parties as set forth below or to other addresses and persons as the Parties may designate by written notice to the other Parties. The Notices will be effective:

(A) When personally delivered by the other Party or messenger or courier of the other Party;

(B) Three (3)-business days after deposit in the United States mail, registered or certified;

(C) Twenty four (24) hours after deposit before the daily deadline time with a reputable overnight courier or service; or

(D) On receipt of a telecopy or fax transmission, if a hard copy of the transmission is thereafter delivered in one of the methods described in (A) through (C) above. However, facsimiles sent after 5:00 p.m. PST, or PDT as applicable, are considered to have been sent the next business day.

TO THE SELLERS:

Merced Community College District Attn: Vice President, Administrative Services 3600 M Street Merced, California 95348 Phone: (209) 384-6000 Facsimile: (209) 384-6338

with copy to: Liebert, Cassidy Whitmore Attn: Christopher Fallon

6033 W. Century Boulevard, 5th Floor Los Angeles, CA 90045 Phone: (310) 981-2047 Facsimile: (310) 337-0837

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TO THE BUYER:

Los Banos Unified School District Attn: Dr. Steve Tietjen 1717 S. Eleventh St. Los Banos, CA 93635 Phone: (209) 826-3801 Facsimile: (209) 827-9324 with copy to:

Lozano Smith Attn: Megan Macy One Capitol Mall, Suite 640 Sacramento, CA 95814 Phone: (916) 329-7433 Facsimile: (916) 329-9050

TO THE ESCROW HOLDER:

TransCounty Title Attn: Karen Robinson 925 West Pacheco St. Los Banos, CA 93635 Phone: 209-826-0804

ARTICLE 6 MISCELLANEOUS PROVISIONS

6.1 Entire Agreement, Waivers, and Amendments

This Agreement supersedes all negotiations and previous agreements between the Parties related to the purchase and sale of the Property. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the Party to be charged. Any amendment or modification to this Agreement must be in writing and executed by both Parties.

6.2 Exhibits

Exhibits “A” “B,” and “C” attached to this Agreement are incorporated into this Agreement by this reference. The Exhibits are as follows:

“A” - LEGAL DESCRIPTION OF LAND “B” - GRANT DEED “C” - PUBLIC AGENCY CERTIFICATE OF ACCEPTANCE

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6.3 Effect of Recitals

The Recitals shown above are considered true, are incorporated into this Section as though set forth fully herein, and are binding on Seller and Buyer.

6.4 Section References

Any reference to any Section of this Agreement cited without a decimal includes all Sections following the cited Section. For example, a reference to Section 5 includes 5.1, 5.1(a), et seq.

6.5 Commissions or Brokerage Fees

Seller and Buyer will not pay any commissions or fees to third parties because of this Agreement. The Parties will indemnify each other against all liabilities, costs, damages, and expenses, including without limitation, attorneys’ fees, resulting from any claims, or the payment of any fees or commissions, based on any agreements by the indemnifying Party to pay any broker’s commissions or finder’s fees, or those of any third Party.

6.6 Legal Action

If a dispute arises relating to this Agreement, the Parties shall first attempt to resolve it through informal discussions. Any Party may convene such discussions by written notice, and each Party shall reasonably accommodate the other Party with respect to scheduling. If the dispute is not resolved in this manner within thirty (30) days from the date one Party first contacts the other to commence informal discussions hereunder, any Party may submit the matter to mediation by providing written notice to the other party. The cost of such mediation shall initially be borne equally by the Parties. If the parties are unable to resolve their differences through mediation within thirty (30) days after the date the Party provides written notice, either party may then pursue its judicial remedies to the full extent of the law.

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6.7 Attorney’s Fees and Costs

In the event of any legal proceeding arising out of or relating to this Agreement, including the reference procedure referred to in Section 6.6 above, the prevailing Party, as declared by a court or adjudicatory body with competent jurisdiction over the matter, shall be entitled to recover its reasonable attorneys’ fees and expenses (including expert witness fees) arising from the proceeding. Attorneys’ fees under this Section shall include attorneys’ fees on any appeal and, in addition, a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs and expenses incurred in connection with such action. In addition to the foregoing award of attorneys’ fees to the prevailing Party, the prevailing Party in any lawsuit shall be entitled to its attorneys’ fees incurred in any post-judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement.

6.8 Third-Party Beneficiaries

This Agreement confers no rights on any party except the signatories to this Agreement.

6.9 Binding on Successors

This Agreement is binding on the Parties hereto and their respective heirs or representatives, and their permitted transferees, successors, and assigns.

6.10 Assignment

Neither Party shall have the right to transfer or assign any of its rights or obligations under this Agreement.

6.11 Obligations Survive Close of Escrow

All obligations to be performed at a time after the Close of Escrow, whether specifically referred to as surviving the Close of Escrow or not, and all covenants, representations and warranties of the Parties, will survive the Close of Escrow.

6.12 Severability

If a court of competent jurisdiction holds any provision in this Agreement to be invalid or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired in any way.

6.13 Governing Law

This Agreement must be construed according to its fair meaning and as if prepared by both Buyer and Seller. This Agreement must be construed in accordance with the laws of the State of California in effect on the Effective Date. Any action or proceeding seeking any relief under or with respect to this Agreement shall be brought solely in the Superior Court of the State of California for the County of Merced.

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6.14 Time is of the Essence

Time is of the essence in this Agreement.

6.15 Damage and Condemnation

If before Close of Escrow, the Property or any portion thereof is destroyed or damaged, the Seller shall apply all proceeds of any insurance policy applicable to the loss to the restoration of the Property. If, before Close of Escrow, the Property becomes subject to a taking by virtue of eminent domain, the Buyer shall have a right to contest the taking of the Property as the highest and best use of the property, or shall have the right to terminate this Agreement and the Deposit shall be returned to Buyer.

6.16 Headings

Headings at the beginning of each Article and Section are solely for the convenience of the Parties and must not to be construed as enlarging or limiting the language following the headings.

6.17 Nondiscrimination

Buyer and Seller must not discriminate against any person because of race, color, religion, sex, marital status, national origin, or ancestry in the performance of their respective obligations under this Agreement.

6.18 Rights and Remedies are Cumulative

Unless stated otherwise in this Agreement, the rights and remedies of the Parties are cumulative. A Party’s exercise of any of its right or remedies will not preclude its exercise, at the same or at different times, of any other rights or remedies for the same, or any other default.

6.19 Cooperation

Buyer and Seller acknowledge that it may be necessary to execute documents other than those specifically referred to herein in order to complete the acquisition of the Property or to accomplish the objectives and requirements that are set out in this Agreement. Both Buyer and Seller hereby agree to cooperate with each other by executing such other documents or taking such other actions as may be reasonably necessary to complete this transaction in accordance with the intent of the Parties as evidence in this Agreement and the Exhibits attached hereto.

6.20 Possession of Property

The Parties agree that Buyer may take possession of the Property for all purposes immediately following the Close of Escrow.

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6.21 Business Days

In this Agreement; “business days” means days other than Saturdays, Sundays, and federal and state legal holidays, and “days” means calendar days. If the time for performance of an obligation under this Agreement falls on other than a business day, the time for performance shall be extended to the next business day.

6.22 Force Majeure

No Party shall be deemed to be in default where failure or delay in the performance of any of its obligations under this Agreement is caused by floods, earthquakes, other acts of God, fires, wars, terrorism, riots or similar hostilities, strikes and other labor difficulties beyond a Party’s control, shortage of materials (exclusive of prefab/modular building products), prohibitory court actions (such as restraining orders or injunctions) or other causes beyond a Party’s control. If any such events shall occur, the time for performance by any Party of its obligations hereunder shall be extended for the period of time that such events prevented such performance.

6.23 Facsimile Signatures and Execution in Counterpart

Signatures delivered by facsimile shall be as binding as originals upon the Parties so signing and delivering, provided that original signatures are provided no later than five (5) business days after delivery of the facsimile signature. This Agreement may be executed in counterparts, each of which shall constitute an original of the Agreement.

6.24 Costs of Conveyance

All costs not covered in this Agreement shall be paid solely by Buyer, including , but not limited to, costs associated with further appraisals, inspections, testing, and Buyer’s due diligence on the Property.

* * * * * * * * * * * * * * * * * * * * BUYER: LOS BANOS UNIFIED SCHOOL DISTRICT

By:

SELLER: MERCED COMMUNITY COLLEGED DISTRICT

By: ______________________________

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ACKNOWLEDGMENT AND ACCEPTANCE

We acknowledge receipt of an original of the foregoing Escrow Instructions and the enclosures listed, and we agree to act as Escrow Holder under the terms and conditions of the instructions.

TRANSCOUNTY TITLE COMPANY

By_______________________________ Dated ________________, 20___ Its: Authorized Office

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EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED AREA, COUNTY OF MERCED, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

Parcel 1, in the County of Merced, State of California, as shown on a Parcel Map filed in Book 45, Page 5, of Parcel Maps, in the office of the County Recorder of said County and being a portion of the West one-half of Section 24, Township 10 South, Range 10 East, Mount Diablo Base and Meridian.

APN: 083-100-036

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EXHIBIT "A-2" Plat MAP

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EXHIBIT “B”

FORM OF GRANT DEED

RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:

Los Banos Unified School District 1717 S. Eleventh St. Los Banos, CA 93635 MAIL TAX STATEMENTS TO:

Same as above

Recording of this document is fee-exempt under Government Code Section 6103. No Documentary Transfer Tax is due on this document pursuant to Revenue and Taxation Code Section 11922.

GRANT DEED Assessor’s Parcel Number: APN: 083-100-036

FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned, MERCED COMMUNITY COLLEGE DISTRICT, a community college district duly organized and existing under the laws of the State of California (“Grantor”), hereby grants to LOS BANOS UNIFIED SCHOOL DISTRICT, a school district duly organized and existing under the laws of the State of California (“Grantee”), that certain real property in an the City of Los Banos in County of Merced, State of California described in Exhibit “A” to Grant Deed attached hereto and incorporated herein, together with all buildings and improvements located thereon, subject to any covenants, conditions, restrictions, easements and other matters of record (the “Property”).

In witness whereof, Grantors have caused this Grant Deed to be executed as of the _____ day of _________________, 20___.

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GRANTOR: MERCED COMMUNITY COLLEGE DISTRICT

_______________________________________

By: _________________________________

Its: Clerk of the Governing Board of Merced Community College District

MAIL TAX STATEMENTS AS SET FORTH ABOVE

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STATE OF CALIFORNIA )

)

COUNTY OF ________________________)

On _______________, 2012 before me, ______________________(here insert name and title of the officer), personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public

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EXHIBIT “A”

TO

GRANT DEED

[LEGAL DESCRIPTION OF PROPERTY]

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED AREA, COUNTY OF MERCED, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

Parcel 1, in the County of Merced, State of California, as shown on a Parcel Map filed in Book 45, Page 5, of Parcel Maps, in the office of the County Recorder of said County and being a portion of the West one-half of Section 24, Township 10 South, Range 10 East, Mount Diablo Base and Meridian.

APN: 083-100-036

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EXHIBIT “C”

FORM OF CERTIFICATE OF ACCEPTANCE OF GRANT DEED

This is to certify that the interest in real property conveyed by the Grant Deed dated ___________, 2012, from Merced Community College District, a community college district duly organized and existing under the laws of the State of California, to the Los Banos Unified School District, a school district duly organized and existing under the laws of the State of California, is hereby accepted by the undersigned officer on behalf of the Los Banos Unified School District pursuant to authority conferred by the California Constitution and California Education Code sections 1240, et seq., and the Los Banos Unified School District consents to the recordation thereof by its duly authorized officer.

Dated: ____________________________

“DISTRICT”

LOS BANOS UNIFIED SCHOOL DISTRICT, a school district duly organized and existing under the laws of the State of California By: ________________________________________ Name: Steve Tietjen Its: Superintendent of Schools

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BOARD AGENDA BACKUP



Item: Course Management System Presented By: Mazie L. Brewington For: Information Action X Background Information : The current version of the course management software will expire in December, 2012 and support for the software will no longer be available. Staff issued RFP 01192 for a course management software solution on December 11, 2011. The term of the contract will be for a period of three (3) years with two (2) additional one (1) year options to extend the contract. The method of source selection for this contract is Public Contract Code 20118.1, which states the governing board may contract with an acceptable party who is one of the three lowest responsible bidders for the procurement of electronic data processing systems and supporting software. Staff received proposals from five (5) vendors on January 17, 2012:

Bidder Base Bid Black Board $257,537 Desire 2 Learn $300,820 Etudes $187,200 Moodle Non-Responsive Canvas Non-Responsive

The RFP proposals were evaluated by the District’s Course Management Software Committee (CMS) based on the following criteria set forth in the RFP. Blackboard Inc., received the highest score from the CMS task force. Recommendation: Staff recommends that the Board authorize staff to execute a three (3) year contract with Blackboard, Inc. for a cost not to exceed $276,000. Attachments: Bid Tabulation Task Force Committee Scores

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Evaluation Categories Weight Black Board Desire 2 Learn ETUDES Moodle

DisqualifiedCanvas

Disqualified

Criteria:

Proposal submission-Quality and Completeness relative to the description given in the RFP

0-10 96 95 81 0 0

Did CMS comply with sections as called for in section 3?

Proposer's concept and understanding of the District's goals and intent for the design and function of the project

20 183 180 162

Rate the Proposers concept and understanding of the Districts goals and intent for this project.Proposers approach to the project, including demonstration of capability to develop innovative or advanced techniques, proposal schedule and milestones, and Propser's availability to staff during the design process

0-30 288 281 232 0 0

Did CMS company demonstrate capability to develop innovative or advanced techniques,etc.

Knowledge & Experience-both with similar types of projects, experience with public agencies, staff experience and qualifications

0-20 195 180 182 0 0

Rate the Proposers's experience-both with similar project types, experience with public agenices, and staff experience and qualifications

References 0-10 89 84 87 0 0

Does proposal comply with section 3-"Proposer's References"?

Price Proposal 10 75 65 88

Total CMS RFP Response Scores 926 885 88 0 0

Committee Interview Evaluations 0-25 0 0 0 0 0

Price Proposal Page (Price term is for three (3) years with two (2) additional one year options to extend the contract term.

Required Yes- $266,537

Yes-$300,820

Yes-187,200 NA NA

Bid Bond Security Bond Required Yes Yes Yes NO NONon Collusion Affidavit Required Yes Yes Yes Yes YesExperience Statement Form Required Yes Yes Yes Yes Yes

Required Bid Documents Submitted with proposal:

Task Force Committee Scores

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Merced Community College DistrictCourse Management SystemBid Tabulation January 17, 2012Page 1 of 1 3:00 p.m.

Work Category: Course Management System Blackboard Desire 2 Learn Etudes Moodle Canvas

Bidder A Bidder B Bidder C Bidder D Bidder ERequirements Selected Selected Selected Selected Selected

Base Bid x x x x x

Bid Bond x x x

Non Collusion Affidavit x x x x x

Experience Statement x x x x x

Base Bid $257,637.00 $300,820.00 $187,200.00 NA NA

Totals $257,637.00 $300,820.00 $187,200.00 NA NA

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BOARD AGENDA BACKUP


MERCED COMMUNITY COLLEGE DISTRICT AT THE April 17, 2012 MEETING OF THE BOARD

Item: Upgrade and replacement of hp desktop computers and monitors. Presented By: Mazie L. Brewington For: Information Action X Background Information : The District needs to upgrade and replace one hundred and five (105) Hewlett Packard desktop computers and monitors to provide the most current technology and support for faculty, staff, and instructional support for Merced Community College students. The total dollar amount for this purchase is $101,369.64 The dollar amount for this purchase exceeds the public bid threshold of $81,000.00. Contracts involving expenditures that require competitive bidding needs approval by the Board of Trustees prior to award. District Board policy further states that if the best interests of the District will be served by a contract, lease, requisition or purchase order through any other public corporation or agency in accordance with Public Contracts Code Section 20652, the Superintendent/ President is authorized to proceed with a contract. Due to the time constraints and the projected cost involved to advertise and formally bid this item, staff is recommending that it is in the best interest of the District to piggy back off of the Western States Contract Alliance Cooperative (WSCA) to take advantage of hp educational discount’s and projected cost savings if this item was formally bid. CDW is the authorized hp value added reseller dealer approved by HP and the District for this purchase. Fiscal Implication: The source of funding will be Fund123, the Career Advance Academy Fund, and will not exceed $101,369.64 Recommendation: Staff recommends that the Board ratify the purchase of the HP computers and monitors off of the WSCA contract# B27164-CA; to CDW Government, Inc. in the amount of $101,369.64.

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Attached: Resolution authorizing Delegation of Authority to Approve the Purchase of Hewlett Packard computers and monitors

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RESOLUTION NO. 12-95

BOARD OF TRUSTEES OF THE MERCED COMMUNITY COLLEGE DISTRICT

DELEGATION OF AUTHORITY TO APPROVE THE PURCHASE OF HEWLETT PACKARD COMPUTERS AND MONITORS

WHEREAS, the Merced Community College District needed to upgrade and replace one hundred and five (105) Hewlett Packard desktop computers and monitors to provide the most current technology and support for faculty, staff, and instructional support for Merced Community College students; and the total dollar amount for this purchase is $101,369.64; and further that presenting this item for approval at the April 17, 2012 board meeting would delay the shipping, receiving, setup and installation process of this equipment and which would impede instructional education in the student labs; and

• California Education Code section 81655 authorizes a community college

district’s governing board, by a majority vote, to delegate to the Superintendent (President) or his designee subject to the provision that “…no contract made pursuant to such delegation and authorization shall be valid or constitute an enforceable obligation against the district unless and until the same shall have been approved or ratified by the governing board, said approval or ratification to be evidenced by a motion of said board duly passed and adopted.” NOW, THEREFORE, BE IT RESOLVED that the Governing Board of Merced Community College School District hereby finds, determines, declares, orders, and resolves as follows:

• That the above recitals are true and correct.

• That the Governing Board of the Merced Community College District hereby delegates the authority to approve the purchase of the Hewlett Packard computers and monitors using the WSCA contract# B27164-CA; and award a contract/ purchase order to CDW Government, Inc. in the amount of $101,369.64.

• The purchase approved by the President or his designee, pursuant to this delegation, shall be submitted to the governing board for subsequent ratification.

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• That the President is authorized pursuant to this resolution to take any action which is necessary to carry out, give effect to, and comply with the terms and intent of this resolution.

PASSED AND ADOPTED by the Governing Board of the Merced Community

College District, County of Merced, this 17th day of April, 2012, by the following vote: AYES:

NOES:

ABSENT:

By: President of the Governing Board

I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced, passed and adopted by the Governing Board of the Merced Community College District at a regular meeting of said Board held on April 17, 2012.

By:__________________________________ Secretary of the Governing Board

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BOARD AGENDA BACKUP



Item: 2011 Redistricting Plan for the Merced Community College District

Presented by: Benjamin T. Duran For: Information _X____ Action Background Information In accordance with federal and state voting rights regulations, Merced Community College District has secured the services of Nielsen, Merksamer, Parrinello, Gross and Leoni to assist in the redistricting process. The plan must be then submitted to the U.S. Department of Justice for preclearance. The Attorney General has indicated that they do not interpose any objection to the specified change. Recommendation/Requested Action This is an information item; therefore, no action by the Board of Trustees is required. Attachments: Letter from U.S. Department of Justice indicating that our clearance has been approved.

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Merced College Office of the President

BOARD AGENDA BACKUP



Item: Proposition 39 Oversight Committee 2010-11 Annual Report

Presented By: Mazie L. Brewington

For: Information X Action Background Information Pursuant to Education Code Section 15278, the District established the Citizens’ Bond Oversight Committee at a Board of Trustees Meeting held on February 4, 2003, in order to satisfy the accountability requirements of Proposition 39. The Board of Trustees adopted the Citizens’ Oversight Committee Bylaws, setting forth the duties and rights of the Committee, at a meeting held on June 17, 2003. The Board of Trustees approved the current committee membership at its April 5, 2011 Meeting. The role of the Citizens’ Oversight Committee is to inform the public concerning the District’s expenditure of revenues received from the sale of bonds, authorized by the voters in the county primary election of November 2002. This annual report is for the fiscal year 2010-11 and reflects expenditures through June 30, 2011. Recommended/Requested Action This item is presented as information. Attachments Statement of Compliance Annual Report 2010-11 (provided as insert)

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MERCED COLLEGE

Office of the President

BOARD AGENDA BACKUP

PRESENTED TO THE BOARD OF TRUSTEES OF THE MERCED COMMUNITY COLLEGE DISTRICT

AT THE APRIL 17, 2012 MEETING OF THE BOARD Item: Special High School Registration Day for New Graduates (Board

Education) Presented by: Anne Newins, Everett Lovelace, Regina Coletto X For Information For Action Background Information The registration priorities at Merced College were revised this past fall, in an effort to allow students who are making good progress to enroll in needed classes. It also afforded new high school graduates who complete the matriculation process a chance to enroll a week earlier than other new students. Due to budget cuts, the College has curtailed many of its previous outreach efforts. Thankfully, high school counselors and career center personnel have been highly supportive of their students enrolling at Merced College, including facilitation of submitting online college applications, orientation, and placement test at their schools. Thus, the remaining steps to be completed are counseling and registration. Special counseling days are being scheduled for April 13 and 14, which will allow students to receive counseling information regarding appropriate course placement, potential majors, and other student services. Students attending Westside high schools will be invented to the Los Banos Campus on April 13, while those students attending high schools on the east side of the county will come to the Merced campus on April 14. Attendees will become part of a cohort registration group that will permit them to register a week earlier than other new students as well as allow them to enroll online instead of having to come to campus. Attachments Invitational Flyer Registration Process Steps Priority Registration Dates

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Merced College

List of planned classes

for Fall 2012

How to select classes

How to register for

classes online and avoid

registration lines

Understanding your

math and English

placement test results.

Get information on

financial aid, transfer,

and your major

What you will accomplish:

Merced College Campus April 14th- 9:00am-12:30pm

Los Banos Campus April 13th- 1:45pm-5:00pm

You must bring:

High School ID & Merced College ID

Unofficial high school transcripts

EAP test scores, if exempt from English or Math

AP test scores, if available

2012 High School Counseling Days

GREAT CHANCE TO REGISTER A WEEK EARLIER FOR YOUR CLASSES!

You may register from March 12th

through March 30th

at:

www.surveymonkey.com/s/MChighschoolcounselingdays

First come, first served- space is limited!

You must complete these steps prior to April 12th:

Complete the Merced College Orientation

Complete the Merced College assessment test

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Registration Guide New (including graduating high school seniors in their Spring term) and returning students please follow these

steps in order to ensure that you are prepared to register by your registration date.

Online Application Dates: Summer/Fall 2012 Applicants -- Opens March 1 Spring 2013 Applicants -- Opens September 1

The Steps Recommended way to complete step Other ways to complete step

Who needs to complete this

step

1. Orientation

On campus (by attending on campus orientation you will complete steps 1-4 on

the same day) . Call (209) 384-6000, option 8 to schedule an appointment or attend an

open lab session. March 2012 Student Services Online Lab

Schedule April 2012 Student Services Online Lab

Schedule OR

Los Baños Campus-call (209) 826-3495, no appointments taken, first come, first served.

Los Baños Campus Schedule Link

Online (you will need to separately complete each of

the following steps). Download

the Merced College New

Student Orientation

Handbook and then click this

link: Online Orientation

New students only

2. Apply for admission

Attend an on campus orientation or an open lab session. See links to Student Services

Open Lab Schedule in step 1 above.

Online

through CCCAPPLY

New students and returning

students (those who

are not currently attending

Merced College)

3. Set up MC4me account

Attend an on campus orientation or an open lab session. See links to Student Services

Open Lab Schedule in step 1 above.

Online through your MC4me account. For

online help click on the link

below: How to set up your Mc4me

account

New and returning students

4. Obtain ID card

On campus – Allow one hour after submitting your application before trying to

obtain your ID card at the Lesher Student Services Center, Admissions and Records

Office, 2nd Floor or the Los Baños Campus, Student Services (Picture ID is required)

New students and returning students who do not already have a yellow

Merced College ID card

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http://www.mccd.edu/ar/downloads/March%202012%20SS%20Online%20Lab%20Schedule.pdf




http://www.mccd.edu/ar/downloads/April%202012%20SS%20Online%20Lab%20Schedule.pdf

http://www.mccd.edu/off_campus/los_banos/orientation.html

http://www.mccd.edu/ar/onlineo

http://www.mccd.edu/ar/onlineo

https://secure.cccapply.org/logon.asp?nextpage=%2Fadmissionapp%2Fappmanager%2Easp

http://www.mccd.edu/mc4me/



5. Take assessment test (ACCUPLACER)

On campus at the Lesher Student Services Center, 1st Floor Room 102 (Merced College

ID card required) during Assessment/ATB testing times – no appointments taken, first

come, first served. March 2012 Student Services Online Lab Schedule

April 2012 Student Services Online Lab Schedule

OR Los Baños Campus, Building A-Room A119

Los Baños Campus Schedule Link

For preparation resources see the link below:

Sample Math Diagnostic Test

Any student wishing to

take English or Mathematics

courses or courses with

English or Math pre-

requisites. (All new students should take

the assessment

test)

6. Register for classes*

Online through your MC4me account (set up in Step 3 or through orientation on campus)

In person at the Lesher Student Services Center,

Student Fees Office, 3rd Floor or

the Los Baños Campus, Student

Services Fees Window

All students

7. Pay fees Online through your MC4me Account

In person at the Lesher Student Services Center,

Student Fees Office, 3rd floor or

the Los Baños Campus, Student

Services Fees window

All registered students

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http://www.mccd.edu/ar/downloads/April%202012%20SS%20Online%20Lab%20Schedule.pdf

http://www.mccd.edu/off_campus/los_banos/orientation.html

http://www.mccd.edu/ar/downloads/Accuplace%20Prep_Word2007_May3_2010_new%20cover%20(2).pdf

Summer/Fall 2012 Group Dates for New Priorities

Group A

Online Registration Begins Wednesday Apr 11, 2012

Students who are receiving services from DSS or EOPS and have attempted no more than 110 units at Merced College prior to Spring 2012 Semester OR Continuing matriculated students with a GPA of 3.5 or better, who have completed at least 30 units and attempted no more than 110 units at Merced College prior to the Spring 2012 semester OR Students who are qualifying Veterans or Foster Youth and have attempted no more than 110 units at Merced College prior to Spring 2012 Semester

Walk-up Registration Begins Wednesday April 11, 2012

Group B

Online Registration Begins Saturday Apr 14, 2012 All other continuing matriculated students who have completed at least

30 units and attempted no more than 110 units at Merced College prior to the Spring 2012 semester Walk-up Registration Begins Monday

Apr 16, 2012

Group C

Online Registration Begins Saturday Apr 21, 2012 Continuing matriculated students with a GPA of 3.5 or better and who

have completed fewer than 30 units and attempted no more than 110 units at Merced College prior to the Spring 2012 semester Walk-up Registration Begins Monday

Apr 23, 2012

Group D

Online Registration Begins Saturday Apr 28, 2012 All other continuing matriculated students who have completed fewer

than 30 units and attempted no more than 110 units at Merced College prior to the Spring 2012 semester. Walk-up Registration Begins Monday

Apr 30, 2012

Group E

Walk-up Registration begins Thursday May 3, 2012 First time Athletes

Group F

Online Registration Begins Saturday May 5, 2012 First time students entering directly from High School who have

attended and completed Merced College High School Counseling Event Walk-up Registration Begins Monday

May 7, 2012 Group G

Online Registration Begins Saturday May 12, 2012 New /Returning matriculated students, students with Bachelor degree

or higher and all continuing students with more than 110 attempted units at Merced College prior to Spring 2012 semester. Walk-up Registration Begins Monday

May 14, 2012

Group H

Walk-up Registration begins Wednesday May 16, 2012 Special Admit Students (K-12)

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MERCED COLLEGE

Office of the President

BOARD AGENDA BACKUP

PRESENTED TO THE BOARD OF TRUSTEES OF THE MERCED COMMUNITY COLLEGE DISTRICT

AT THE APRIL 17, 2012 MEETING OF THE BOARD Item: Accreditation Update Presented by: Anne Newins X For Information For Action Background Information This update will be devoted primarily to the team follow up visit scheduled for April 12 and 13, 2012. Team members included Dr. Jackie Fisher, Sr., Dr. Phoebe Helm, and Dr. Sandra Mayo, who all were part of the March 2011 visiting The Follow Up Report was completed and mailed to the Accrediting Commission for Community and Junior Colleges by the March 15 deadline. Copies of the final report will be provided to each trustee. Information also will be shared about the Committee and Convener training that was help on March 22 and 23. Attachment Follow-Up Report of March 2012 submitted to the Accrediting Commission for Community and Junior Colleges

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