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Sabbatical Report Summary for Cary Yanagi I thank the board for this opportunity to improve the curriculum for our students. The current knowledge gained and the opportunity to research will help make me a better instructor to serve our students and the district. I had an early start with training through regional organizations throughout the country. CSTA 1 Jun-5Jul, online, App Inventor teacher training. MPICT(Mid Pacific Information and Communications, and Technologies Center training 2-6 June 13, Garden Grove , Linux training 17-21 June 13, San Francisco, Wireshark training Working Connections 7-11 July 13, Frisco, Texas, IOS programming (Mac) BATEC(Broadening Advanced Technological Education Connections) 29 Jul-2 Aug, Boston, Windows 8 programming 5-9 Aug, Boston, Cisco Networking Academy training Andevcon VI (Android Conference) 12-15 Nov, San Francisco Hyatt Airport Note: I may have overdid it a little in the early stages and had a fall on 2 Aug in Boston which affected me. It did slow me down. I did inform my dean. I continued my research with Cyber Security Competitions at the high school and college levels. I have had varying degrees of interest from Buhach Colony, Livingston, and the new high school. Their Superintendent is willing to pay for the entry fees but finding a coach continues to be the challenge. I will continue to pursue this here and at the high school level. There is a college competition available. For the high school competition, CyberPatriot, I will provide 8 training sessions as the mentor. The mobile app and the “wearables” study, which is an extension of the mobile apps definitely shows room to meet Goals 3 and 5 of the Strategic Plan which is to 3: Enhance Technology and Systems Integration. An expanded version of this report will be posted in the CPSC section of the school SharePoint in Web advisor. Page 1

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Page 1: Sabbatical Report Summary for Cary Yanagi...Sabbatical Report Summary for Cary Yanagi I thank the board for this opportunity to improve the curriculum for our students. The current

Sabbatical Report Summary for Cary Yanagi I thank the board for this opportunity to improve the curriculum for our students. The current

knowledge gained and the opportunity to research will help make me a better instructor to serve our students and the district.

I had an early start with training through regional organizations throughout the country. CSTA 1 Jun-5Jul, online, App Inventor teacher training. MPICT(Mid Pacific Information and Communications, and Technologies Center training

2-6 June 13, Garden Grove , Linux training 17-21 June 13, San Francisco, Wireshark training Working Connections 7-11 July 13, Frisco, Texas, IOS programming (Mac) BATEC(Broadening Advanced Technological Education Connections)

29 Jul-2 Aug, Boston, Windows 8 programming 5-9 Aug, Boston, Cisco Networking Academy training Andevcon VI (Android Conference) 12-15 Nov, San Francisco Hyatt Airport Note: I may have overdid it a little in the early stages and had a fall on 2 Aug in Boston which affected

me. It did slow me down. I did inform my dean. I continued my research with Cyber Security Competitions at the high school and college levels. I have had varying degrees of interest from Buhach Colony, Livingston, and the new high school. Their Superintendent is willing to pay for the entry fees but finding a coach continues to be the challenge. I will continue to pursue this here and at the high school level. There is a college competition available. For the high school competition, CyberPatriot, I

will provide 8 training sessions as the mentor. The mobile app and the “wearables” study, which is an extension of the mobile apps definitely shows room to meet Goals 3 and 5 of the Strategic Plan which is to 3: Enhance Technology and Systems Integration. An expanded version of this report will be posted in the CPSC section of the school SharePoint in Web

advisor.

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Merced college AcAdeMic SenAte

Adjunct Professors of the Year 2014

(Selected by Full-time Colleagues in Cohorts or Disciplines)

Allyssa Sepulveda – Library

Araceli Gonzalez – Counseling

Sandra Vierra – Biology

David Seymour– History

Dennis Nichols– Psychology

Gagandeep Bains – Chemistry

Spencer Supinger– Math

Don Power– Math

Ryan Toth – English

Jeanne Temple – English

Cindy Chavez –Los Baños

Mary Donovan –Los Baños

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Merced Community College District Board of Trustees meeting

held April 1, 2014

1. Public Session Call to Order The Board President (Dennis Jordan) called the meeting to order at 5:00 p.m. The meeting was held in Room A-103 on the Merced College Campus in Los Banos.

2. Hearing of the Public An opportunity was provided for members of the public to address the Board on matters of general district business. Dee Sigismond provided a copy of an Academic Senate resolution which was passed on March 27, 2014, to the Board. A Los Banos student commented on an article written by Dr. Taylor which was published in the March Campus Digest and suggested the college’s signage at Los Banos should include the tilde over the “n” in order to reflect the area’s Mexican-American heritage.

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.

a. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (Government Code Section 54957)

b. CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: Ronald C. Taylor Employee organization: CSEA Chapter 274

c. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Superintendent/President

d. CONFERENCE WITH LABOR NEGOTIATOR Agency designated representative: Board of Trustees Unrepresented employee: Superintendent/President

e. LIABILITY CLAIM Claimant: Jesus Valencia Agency claimed against: Merced Community College District

4. Resume Public Session

The public session reconvened at 6:21 p.m. in Room A-103 on the Merced College Campus in Los Banos. Members Present: Dennis Jordan, Cindy Lashbrook, Les McCabe, Gary Arzamendi, Wayne Hicks, Jean Upton, Joe Gutierrez Member Absent: Janique Johnson

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Others Present: Ronald C. Taylor, Kevin Kistler, Everett Lovelace, Joanne Schultz, Keith Law (MCFA), Ramon Avila, Jr. (CSEA), Julie Clark (Academic Senate), Charlene Reed (Classified Senate), Karyn Dower (Management), Brenda Latham, Gil Castillo, Sheila Flores, Gail Beal, Marvin Smith, Joe Allison, Stacey Hicks (Recording Secretary) Dr. Taylor led the Pledge of Allegiance. The Board voted unanimously in closed session to reject the claim listed in item 3e.

5. Hearing of the Public An opportunity was provided for members of the public to address the Board on matters of general district business. Board President Jordan clarified the process which will be followed when addressing each item on the agenda. Dr. Schultz expressed her appreciation for the Emerging Leaders Institute and stated the management team at Merced College is outstanding. Meg Withers expressed her support for the comments shared in the first hearing of the public. She also expressed her view of the Board’s lack of relationship with faculty.

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

7. Presentations a. Board Education – Los Banos Update

Dean Brenda Latham provided a presentation highlighting enrollment trends, complete degree offerings, new class offerings, student demographics, student success, new monument sign, updated technology, and faculty changes for the Los Banos center.

b. Los Banos Student Council Los Banos student Gil Castillo shared the events students have been involved in at the Los Banos center and in the community. The ASMC elections have been completed and officers will be announced at the next meeting. He expressed appreciation to the Board for their support during his time as Senator. The Board congratulated Gil on all of his hard work. A candidate for the Los Banos Senator introduced himself.

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c. Proposition 39: California Clean Energy Jobs Act Update Dr. Schultz gave some brief background information on Proposition 39.

Sheila Flores gave a presentation on Proposition 39 which provided an overview, benefits for Merced College, the road map followed, the implementation process, year one projects which were approved, funding received, status of remaining funds, and planning which has begun for year two. She also provided information on other capital planning projects which are underway.

d. Summary of SERP Results for 2014 Offering Dr. Taylor introduced Gail Beal with Keenan Financial Services.

Ms. Beal provided information on the original assumptions and final results for faculty, management, and classified employees who are eligible for the 2014 SERP offering. Dr. Taylor explained his recommendation to approve the offering and the analysis provided by administration which differs from the numbers provided by Keenan. Discussion occurred and questions from the Board were answered.

8. Consideration of Consent Agenda MSC (Hicks/McCabe) to approve the consent agenda items as summarized below.

a. Minutes for Meeting held March 4, 2014 b. Minutes for workshop held March 17, 2014 c. Contract as Summarized on Schedule 14-55 d. Warrants, Payroll Registers and Trip Requests as Summarized on

Schedule 14-56 e. Resolutions 14-62 through 14-66, Intrabudget Transfers f. Resolutions 14-67 through 14-70, Use of Unbudgeted Funds g. Personnel Schedule 14-57 h. Blanket Purchase Orders as Summarized on Schedule 14-58 i. Purchase Orders as Summarized on Schedule 14-59 j. Permission to Sell/Donate/Discard District Equipment as Listed on

Schedule 14-60 k. Curriculum Revisions as listed on Schedule 14-61

9. To the Board for Discussions and/or Action

a. Approval of Supplemental Employee Retirement Plan (SERP) – Faculty Dr. Taylor reviewed the information provided in the backup material in the Board’s packet.

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MSC (Hicks/McCabe) to approve the supplemental employee retirement plan for faculty.

b. Approval of Supplemental Employee Retirement Plan (SERP) – Classified Staff and Management Dr. Taylor reviewed the information provided in the backup material in the Board’s packet.

MSC (Upton/Hicks) to approve the supplemental employee retirement plan for classified staff and management.

c. Administrative Reorganization Redux Dr. Taylor explained this is an item returning from a prior meeting which was brought back at the request of a Trustee on the prevailing side of the previous vote. He provided background and information on the proposed administrative reorganization redux.

Discussion occurred and questions were answered.

MSC (Hicks/Upton) to approve the administrative reorganization redux. Trustee McCabe voted no.

d. CCCT Board Election 2014 Discussion occurred and questions were answered.

MSC (Hicks/Upton) to vote for Richard Watters, Brent Hastey, Pam Haynes, Jim Moreno, Donna Ziel, Laura Casas, Stephan Castellanos, and Nancy Chadwick to sit on the CCCT Board.

e. Award Bid for Proposition 39 Project Los Banos Campus: Virtual Desktop Infrastructure Equipment Dr. Schultz stated this is the only formal bid which has been conducted for Proposition 39. MSC (Hicks/Arzamendi) to award the Los Banos Campus Virtual Desktop Infrastructure Project to New Technology Solutions in the amount of $77,527.34.

f. Destruction of Class 3 Records – Disposable Records Marvin Smith explained what the records listed to be destroyed represent and method to be used in their destruction. MSC (McCabe/Gutierrez) to approve the destruction of the class 3 records as presented.

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g. Ratification of Change Order for Wayfinding Project Bid #012159 Dr. Schultz said this change order is for a reduction in cost due to no sign being developed for the BRC and the inclusion of electrical for the Los Banos sign. MSC (McCabe/Lashbrook) to ratify change order #1 for wayfinding project bid #012159.

h. Revised 2013-14 and 2014-15 Academic Calendars Dr. Kistler explained that the need for the revision to both calendars is due to the July 4th holiday being recognized on an instructional day in both of these academic years. MSC (McCabe/Upton) to approve the revised 2013-14 and 2014-15 Academic Calendars.

10. To the Board for Information a. First Reading of Board Policies and Administrative Procedures

Dr. Taylor gave a brief review of each policy and procedure. The policies will come back to the Board at the next meeting for their approval.

b. Proposition 39: California Clean Energy Jobs Act Projects Under Bid Threshold Dr. Schultz said these were informal bids and reviewed the successful bidders on the three projects.

c. Proposition 39: California Clean Energy Job Act Los Banos Lighting Project Dr. Schultz said this was an informal bid and a successful bid was received from a local vendor.

d. 2014-15 Budget Assumptions Dr. Schultz introduced Joe Allison.

Joe reviewed the preliminary budget revenue, expenditure, and other assumptions for the 2014-15 budget.

e. Bookstore Update Dr. Schultz, Joe Allison, and Robyn Piro reviewed the 5 year historical data with the estimated 2013-14 outcomes, updated projected outcome for 2013-14, strategies that will impact the projected outcome, and next steps for the Bookstore. Discussion occurred.

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12. Reports a. From Academic Senate

Julie Clark provided a status update on the associate degrees for transfer.

b. From Faculty Association Keith Law provided a resolution passed by MCFA representative council regarding their stance of disapproval of SB 850. April is part-time faculty appreciation month at Merced College and he provided buttons for individuals to wear showing their support. A presentation will be given at the May Board meeting regarding part-time faculty.

c. From Classified Senate Charlene Reed thanked the Board for holding tonight’s meeting at the Los Banos center. A save-the-date flyer was provided for the Classified Staff Development day.

d. From CSEA Ramon Avila, Jr., echoed the previous comment regarding tonight’s meeting being in Los Banos. He expressed appreciation to administration for their support of CSEA.

e. From Management Team Karyn Dower shared some information learned at last Thursday’s Emerging Leaders Institute session which was an energizing and informative day. The next training is on April 17 on Generational Diversity. Management Association processes and evening duty are focuses for development.

f. From Board Members Trustee Gutierrez named the Los Banos students who have been honored as student of the week since January 2014. He supports the comments from earlier tonight regarding including the tilde in Los Banos. He commended Meg Withers for her work. He welcomes invitations from faculty for him to meet with them.

Trustee Arzamendi thanked Dean Latham for hosting tonight’s meeting and for her update. He commended the Los Banos student representatives for their work. Trustee Upton attended the national ACCT conference last month in Salt Lake City, UT. She thanked Los Banos for hosting tonight’s meeting. Trustee Hicks thanked the students who attended tonight’s meeting. He thanked Dean Andersen for the e-mail providing results of the judging teams who went to Colorado. He enjoyed the national ACCT conference last month and found it to be informative. He thanked everyone who worked on the Mid-term Accreditation report.

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Trustee McCabe said it was nice to be at Los Banos tonight. Trustee Lashbrook stated she enjoys being in Los Banos twice per year. She attended a conference at Gavilan College on Excellence in Trusteeship. She mentioned a couple of upcoming community events. Trustee Jordan said the national ACCT conference was outstanding. He expressed appreciation for the enthusiasm shown by the students tonight. He thanked all the staff for their hard work which goes above and beyond. He thanked Los Banos for hosting tonight’s meeting.

g. Superintendent’s Report Dr. Taylor recognized the commitment of staff to make these meetings successful and for their participation. April is National Poetry Month. He acknowledged the hard work of the Student Services area on the development of processes for SSSP. Dr. Taylor certified the annual accreditation report yesterday. He drew attention to the upcoming events listing. The meeting schedule of the Board will be discussed with the Board President to determine if it needs to be a future meeting item. He explained the importance of a facilities bond in November and what it would mean to Merced College if it gets on the ballot and passes.

13. Future Discussion Items from Board Members Trustee Gutierrez requested discussion on including the tilde in Los Banos on signage and all college materials and the historical meaning of Los Banos.

14. Second Closed Session

There was no action taken in the second closed session.

15. Adjournment The meeting was adjourned at 10:18 p.m.

Approved

Secretary to the Board of Trustees

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Merced College Office of Administrative Services

Contract Summary Report May 6, 2014 Board Meeting

Schedule 14-62 Contract Number

Contract Description

MC2426 K.Kistler

Resource/Cost Sharing Agreement with Merced County Department of Workforce Investment (DWI) (10/1/13-9/30/14) to provide universal access to employment and training services for residents of Merced County through the Merced County One Stop. Agreement does not create a partnership rather establishes the relationship between the District and the County. Each year the District agrees to this partnership, however, this year, the agreement was not sent until 3/21/14, resulting in late request. No cost to District.

MC2427 K.Kistler (categorical)

WpLRC/Contract Education Agreement with Castle Family Health Centers (4/10/14-4/30/14) to provide (1) 1.5 hour Sexual Harassment Awareness presentation (fee-based/not-for-credit). Income to District $810.

MC2428 K.Kistler (categorical)

WpLRC/Contract Education Agreement with Joseph Gallo Farms (4/1/14-12/31/14) to provide (8) 8-hour Emerging Leaders Institute classes (fee-based/for-credit). Income to District $13,475.

MC2292A K.Kistler

Amendment Affiliation Agreement with Mercy Medical Center (3/25/13-3/25/15) for student clinical experience. Changes include updated language regarding insurance requirements, verification of OIG list and extend contract date. No cost to District.

MC2354A K.Kistler (categorical)

Extension of Date/Grant Agreement #13-157-007 with California Community Colleges Chancellor’s Office (7/1/13-12/31/14) Global Trade & Logistics (RFA 13-157). In-kind match $200,000. Income to the District $300,000.

MC2429 J.Schultz (categorical)

Equipment and Installation Agreement with Knorr Systems, Inc. (4/11/14-6/30/14) as part of the Prop 39 Energy Clean Jobs Act funding. The company will replace the older pool pumps with more energy efficient equipment with an estimated energy savings of $16,353.94 per year. Cost to District $32,976. (Proposed agreement approved at 4-1-14 board meeting)

MC2430 J.Schultz (categorical)

Equipment Agreement with California Hydronics Corporation (4/2/14-6/30/14) as part of the Prop 39 Energy Clean Jobs Act funding. The new more efficient heater will replace the older water heater with an estimated 234 therms per year of energy savings. Cost to District $11,450. (Proposed agreement approved at 4-1-14 board meeting)

MC2431 J.Schultz (categorical)

Materials and Installation Agreement with Pristine Window Solutions (4/11/14-6/30/14) as part of the Prop 39 Energy Clean Jobs act funding. The project is to have window film installed at the Los Banos Campus to prevent heat escaping in the winter and blocking heat in the summer. With an estimated energy savings of $13,667 per year. Cost to District $7,499. (Proposed agreement approved at 4-1-14 board meeting)

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MC2431 J.Schultz (categorical)

Equipment Agreement with New Tech Solutions, Inc. (4/2/14-6/30/14) as part of the Prop 39 Energy Clean Jobs Act funding. The project is for the Los Banos Campus Virtual Desktops. They will replace older traditional desktop computers with an estimated energy savings of $2,221.71 per year. Cost to District $77,527.34. (Proposed agreement approved at 4-1-14 board meeting)

MC2433 J.Schultz (categorical)

Construction Agreement with Bestco Electric, Inc. (4/11/14-6/30/14) as part of the Prop 39 Energy Clean Jobs Act funding. The project is to replace old lighting fixtures with more energy efficient fixtures with an estimated energy savings of $13,667 per year. Cost to District $141,439. (Proposed agreement approved at 4-1-14 board meeting)

MC2434 K.Kistler (categorical)

WpLRC/Contract Education with UC Merced Human Resources #15-003 (8/1/14-11/30/14) to provide (3) 4-hour workshop offerings for Generational Diversity, Team Building and Trust & Integrity (fee-based/not-for-credit). Income to District $2,400.

MC2435 K.Kistler (categorical)

WpLRC/RHTLE/Contract Education Agreement with State Center Community College District (2/15/14-6/30/14) to provide support for the RHT Skills Standard Level 2 (Customer Services for Supervisors) (fee-based/not-for-credit). Income to District $19,000.

MC2436 K.Kistler (categorical)

WpLRC/Contract Education Agreement CE#14-033 with UC Merced Business and Finance Department (5/1/14-6/30/14) to provide (2) 4-hour workshop offerings Team Building and Trust & Integrity (fee-based/not-for-credit). Income to District $1,600.

MC2384A K.Kistler (categorical)

Addendum #1 Independent Contractor Grant Agreement WSU C#21208 with Washington State University (2/15/14-6/30/14) with WpLRC/RHTLE/Contract Ed for Skills Standard for Retail Hospitality and Tourism 2014 to increase scope of service. Grant required activity. Additional Cost to District $19,000.

MC2024C K.Kistler

Amendment to Instructional Service Agreement with Merced City Fire Department (7/1/14-6/30/15) extending contract date to provide fire technology courses for instructional services. Cost to District $7,600 which District receives credit FTES.

MC2025C K.Kistler

Amendment to Instructional Service Agreement with Merced County Fire Department (7/1/14-6/30/15) extending contract date and change to increase of .25 per contract hour/student. To provide fire technology courses for instructional services. Cost to District up to $24,250 which District receives credit FTES.

MC2401A K.Kistler (categorical)

Amendment to WpLRC/Contract Education Agreement with Ingomar Packing Company (1/21/14-6/30/14) additional (1) 8-hour workshop for Team Building (fee-based/not-for-credit). Additional Income to District $1,696.

MC2437 J.Schultz

Master Agreement with AT&T Corporation (5/6/14-5/5/19) to change from Optemon data network platform to ASE platform. The new technology will provide equal or better service and less cost. The contract start is 30 days after AT&T receives the contract and starts the design and implement. District should start receiving the savings effective July 1, 2014 at approximately $1,730 per month.

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MC2439 K.Kistler

Affiliation Agreement with Los Banos Unified School District (4/14/14-5/30/17) for Merced College Nutritional Services Program for student nutritional work experience. No Cost to District.

MC2440 R.Taylor

Advertising Agreement with Midas (7/1/14-6/30/15) for scoreboard advertising located in Don Odishoo/Stadium 76. Income to Foundation Athletics Division $2,400.

MC2441 K.Kistler (categorical)

Subcontract Grant Agreement #SC360190-14-04 for Professional Services with California State University, Fresno Foundation (10/1/13-9/30/14) with Merced College’s Business Resource Center for the Economic Development Administration’s Innovative Manufacturing Collaborative Partnership (IMCP) Grant. Income to District $20,000.

MC2442 K.Kistler (categorical)

WpLRC/Contract Education Agreement with Merced County Office of Education to provide (2) 8-hour trainings Employee Engagement and Creating a Successful Team (fee-based/not-for-credit). Income to District $4,000.

MC2310B K.Kistler

Second Amendment to Affiliation Agreement extending date of agreement with Emanuel Medical Center (will be Doctors Medical Center upon buyout) (3/1/13-3/3/15) for the Diagnostic Technology Radiologic Technology Program for student clinical experience. No Cost to District.

MC2256B K.Kistler

Second Amendment to Affiliation Agreement extending date of agreement with Emanuel Medical Center (will be Doctors Medical Center upon buyout) for the Ultrasound Technician Program for student clinical experience. No Cost to District.

MC2443 E.Lovelace

Service Agreement with Campus Candids Graduation Foto (CCCGF) for exclusive rights to photograph each graduate as they receive their diploma during the commencement ceremonies applicable with the agreement (5/23/14). No Cost to District.

MC2444 E.Lovelace

Service Agreement with The Sound Man (5/23/14) to provide all sound services, including equipment and D.J. for Merced College Graduation. Cost to District $1,000.

MC2262A J.Schultz

Amendment to Lease Agreement with Kenneth Sadler (5/6/14-12/31/14) lease reduction for year 2014 due to the California drought conditions and the water allocations are insufficient for the normal needed production. In the case of Federal or State crop subsidies due to drought then the District will be made whole. For 2014, Administration is recommending a reduction of lease reduction from $200 per acre to $100 per acre. The decrease will reduce in income to the District $9,000.

MC2119A J.Schultz

Amendment to Lease Agreement with Seth Rossow (1/17/14-1/17/17) lease reduction for year 2014 due to the California drought conditions and the water allocations are insufficient for the normal needed production. In the case of Federal or State crop subsidies due to drought then the District will be made whole. For 2014, Administration is recommending a lease reduction from $281.02 to $140.51 per acre. The decrease will reduce the MC Farm income by $14,895.06

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MC2414A J.Schultz

Amendment to Consultant Agreement with Marvin Smith to extend until June 30, 2014 (5/1/14-6/30/14) to assist with Maintenance, Operations and Grounds department due to the current Director departure on April 30, 2014 (vacation) and subsequent retirement on June 30, 2014. Director oversees staff of 45 to include Grounds, Transportation, Maintenance and Custodians. Cost to District not to exceed $14,000.

MC2445 J.Schultz

Renewal of the Maintenance Agreement with Ellucian (7/1/14-6/30/19) to provide Ellucian Maintenance Advantage Plus Program Supported Software Agreement, including Core, Student, Finance, Human Resources, Per User Licenses, Application Development Environment, Reporting Custom Software M31 Maintenance, Maintenance Advantage, Mobile Platform and Intelligent learning Platform Maintenance. Cost to District $382,338 annually.

MC2446 K.Kistler

Agreement with The Westin St. Francis San Francisco on Union Square (12/5/14) for Community Services Annual San Francisco shopping bus trip scheduled for December 5th, 2014 for meeting room rentals and rest area (fee based). Cost to District $1,200.

MC2447 K.Kistler

License Agreement with ARTstor Inc. (5/7/14-5/6/17) to provide over 1.6 million digital images in the arts, architecture, humanities and sciences with an accessible suite of software tools for teaching and research. Cost to District $992.

MC2448 J.Schultz

Inspection Services Agreement with United Inspections Inc. (5/7/14-7/31/14) for the Wayfinding Project, which will include examining the work in progress for compliance with applicable building codes, regulations and ordinances; and keep accurate records for the work completed. Cost to District not to exceed $4,355.

MC2449 J.Schultz

Energy Efficiency Agreement with Merced Irrigation District “MID” (1/8/14-6/30/14) under their “Energy Efficiency Commercial & Industrial Rebate Program” to provide $8,177 in energy savings rebates for Merced College’s Prop 39 Pool Pump Project.

MC2450 J.Schultz

Energy Efficiency Agreement with Pacific Gas & Electric Company “PG&E” (3/18/14-6/30/14) under their CCC Partnership Program to provide $21,523 in energy reduction incentives for the Los Banos retrofit projects that include the Campus Lighting Project, Desktop Virtualization, Window Film, and Domestic Hot Water Heater.

MC2451 K.Kistler (categorical)

Professional Technical Services Agreement with National Institute for Social Media “NISM” (7/1/14-12/31/14) to provide (2) NISM Offerings in national standards of social media modules (fee-based/not-for-credit); Cost to District $450 per trainee (or less) based on enrollment. MCCD to receive 75% of revenue.

MC2452 R.Taylor (categorical)

Agreement with Sonoma County Junior College District (2/27/14-7/31/14) and Merced College Office of Grants and Institutional Research for survey research services. To gather information on employment outcomes for students that participated in CTE programs. Net Cost to District $6,500.

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MC2453 J.Schultz

Service Agreement with Thomas Gilbert Accountancy and AALRR (4/28/14-until completed) to conduct a fraud audit. Test the internal controls, investigate all unusual transactions, review past bond audits and other tests deemed necessary to determine the extent of inappropriate transactions have been determined. Cost to District $300 per hour.

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MERCED COLLEGE OFFICE OF BUSINESS SERVICES

WARRANT REGISTERSchedule 14-63

May 6, 2014

A. Warrant RegisterWARRANT #

FUND DATE BEGINNING ENDING AMOUNT

General 3/3/2014 4117629 4117699 128,830.07 General 3/10/2014 4121339 4121393 1,232,265.19 General 3/18/2013 4124962 4125024 100,181.51 General 3/24/2014 4127697 4127757 38,069.44 General 3/31/2014 4133954 4134019 82,425.30

Board Designated 3/24/2014 4127758 4127758 15,941.00 Board Designated 3/31/2014 4134020 4134021 19,220.99

Categorical 1 3/3/2014 4117700 4117708 6,792.41 Categorical 1 3/10/2014 4121394 4121406 33,068.93 Categorical 1 3/18/2013 4125025 4125038 156,586.43 Categorical 1 3/24/2014 4127759 4127763 4,158.97 Categorical 1 3/31/2014 4134022 4134027 676.63

Categorical 2 3/3/2014 4117709 4117718 20,469.52 Categorical 2 3/10/2014 4121407 4121419 27,281.08 Categorical 2 3/18/2013 4125039 4125056 45,236.17 Categorical 2 3/24/2014 4127764 4127771 19,769.29 Categorical 2 3/31/2014 4134028 4134040 15,736.17

Child Development 3/3/2014 4117719 4117721 2,938.34 Child Development 3/10/2014 4121420 4121423 3,973.17 Child Development 3/18/2013 4125057 4125059 408.25 Child Development 3/24/2014 4127772 4127775 4,972.50

MC Farm 3/3/2014 4117722 4117727 2,709.92 MC Farm 3/10/2014 4121424 4121426 1,026.79 MC Farm 3/18/2013 4125060 4125067 10,289.15 MC Farm 3/24/2014 4127776 4127781 2,268.13 MC Farm 3/31/2014 4134041 4134051 1,472.86

Capital Projects 3/3/2014 4117728 4117731 103,977.06 Capital Projects 3/10/2014 4121427 4121429 24,234.33 Capital Projects 3/18/2013 4125068 4125068 180.00 Capital Projects 3/24/2014 4127782 4127784 23,149.69 Capital Projects 3/31/2014 4134052 4134053 5,561.42

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MERCED COLLEGE OFFICE OF BUSINESS SERVICES

WARRANT REGISTERSchedule 14-63

May 6, 2014A. Warrant Register (Continued)

WARRANT #FUND DATE BEGINNING ENDING AMOUNT

Bond Construction SFID1B 3/3/2014 4117732 4117732 1,035.25

ASMC 3/3/2014 4117733 4117733 78.17 ASMC 3/10/2014 4121430 4121430 30.00 ASMC 3/18/2013 4125069 4125069 50.00 ASMC 3/31/2014 4134054 4134055 50.00

2,135,114.13

B. Payroll Registers:General 03/10/14 507,958.95 Work Study 03/10/14 117,786.32 General 03/31/14 2,376,566.38

Total: 3,002,311.65

Annual totalsJul-13 1,777,324.98Aug-13 2,675,423.84Sep-13 2,926,371.11Oct-13 2,972,841.41Nov-13 3,012,301.47Dec-13 2,985,923.59Jan-14 2,385,634.30Feb-14 2,915,033.07Mar-14 3,002,311.65Apr-14May-14Jun-14

Total: 24,653,165.42

C. Trip Requests:General Fund 6,988.00 Categorical I Fund 6,855.00 Categorical II Fund 8,319.00 Child Development Fund 715.00 MC Farm Fund - ASMC Fund - Total: 22,877.00

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MERCED COMMUNITY COLLEGE DISTRICT 3600 M Street

Merced, CA 95348-2898

REQUEST FOR INTRABUDGET TRANSFER Resolution 14-71

April 28, 2014 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 6th day of May, 2014, by the Governing Board of MERCED COMMUNITY COLLEGE DISTRICT by the following vote:

AYES_______NOES________ABSENT_________

Signed________________________ Secretary of the Board

Date__________________________

4000 10,846 5000 1,021 6000 2,056

TOTAL 13,923

1000 1,000 2000 12,923

TOTAL 13,923

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MERCED COMMUNITY COLLEGE DISTRICT 3600 M Street

Merced, CA 95348-2898

REQUEST FOR INTRABUDGET TRANSFER Resolution 14-72

April 28, 2014 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 6th day of May, 2014, by the Governing Board of MERCED COMMUNITY COLLEGE DISTRICT by the following vote: AYES________NOES________ABSENT________ Signed_________________________ Secretary of the Board Date___________________________

6000 12,545 7000 4,860

TOTAL 17,405

1000 47 2000 3,904 3000 623 4000 475 5000 12,356

TOTAL 17,405

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MERCED COMMUNITY COLLEGE DISTRICT 3600 M Street

Merced, CA 95348-2898

REQUEST FOR INTRABUDGET TRANSFER Resolution 14-73

April 28, 2014 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 6th day of May, 2014, by the Governing Board of MERCED COMMUNITY COLLEGE DISTRICT by the following vote:

AYES________NOES________ABSENT_________ Signed__________________________

Secretary of the Board Date____________________________

2000 8,327 3000 2,979 4000 16,519 5000 12,444

TOTAL 40,269

1000 1,370 6000 38,899

TOTAL 40,269

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MERCED COMMUNITY COLLEGE DISTRICT 3600 M Street

Merced, CA 95348-2898

REQUEST FOR INTRABUDGET TRANSFER Resolution 14-74

April 28, 2014 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 CAPITAL PROJECT FUND. To: Appropriation Amount From: Appropriation Amount

PASSED AND ADOPTED, this 6th day of May, 2014, by the Governing Board of MERCED COMMUNITY COLLEGE DISTRICT by the following vote: AYES________NOES________ABSENT_________ Signed__________________________ Secretary of the Board Date____________________________

7000 18,712

TOTAL 18,712

6000 18,712

TOTAL 18,712

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MERCED COMMUNITY COLLEGE DISTRICT 3600 M Street

Merced, CA 95348-2898

RESOLUTION 14-75 FOR USE OF UNBUDGETED FUNDS

April 28, 2014 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 $18,712 listed below.

8980 Inter Fund Transfer 18,712 + To provide for annual energy efficiency review (Taylor)

PASSED AND ADOPTED, this 6th day of May, 2014, by the Governing Board of MERCED COMMUNITY COLLEGE DISTRICT by the following vote:

AYES_____NOES______ABSENT_______ Signed___________________

Secretary of the Board Date____________________

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MERCED COMMUNITY COLLEGE DISTRICT 3600 M Street

Merced, CA 95348-2898

RESOLUTION 14-76 FOR USE OF UNBUDGETED FUNDS April 28, 2014 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 $281,156 as listed below.

a) 8650 Categorical – Merced Consortium Adult Ed 259,693 + b) 8899 Other Local Revenue – Dole Packaged Foods 19,659 + c) 8990 Intra Fund – Contract Education 1,804 +

a) To allocate new award (Kistler) b) To augment for contracted education fees (Kistler) c) To augment for contracted education fees (Kistler)

PASSED AND ADOPTED, this 6th day of May, 2014, by the Governing Board of MERCED COMMUNITY COLLEGE DISTRICT by the following vote:

AYES_______NOES________ABSENT_________

Signed_____________________

Secretary of the Board Date_______________________

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MERCED COMMUNITY COLLEGE DISTRICT 3600 M Street

Merced, CA 95348-2898

RESOLUTION 14-77 FOR USE OF UNBUDGETED FUNDS

April 28, 2014 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 decreased by $6,939 as listed below.

a) 8120 Categorical - NSF CREATE 8,939 – b) 8991 Intra Fund – Guardian Scholars 2,000 + a) To provide for reduction in grant award (Kistler) b) To provide for district share (Lovelace)

PASSED AND ADOPTED, this 6th day of May, 2014, by the Governing Board of MERCED COMMUNITY COLLEGE DISTRICT by the following vote: AYES________NOES________ABSENT_________

Signed_____________________

Secretary of the Board Date________________________

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Page 24: Sabbatical Report Summary for Cary Yanagi...Sabbatical Report Summary for Cary Yanagi I thank the board for this opportunity to improve the curriculum for our students. The current

MERCED COMMUNITY COLLEGE DISTRICT 3600 M Street

Merced, CA 95348-2898

RESOLUTION 14-78 FOR USE OF UNBUDGETED FUNDS

April 28, 2014 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 $183 listed below.

8895 Club Revenue 183 + To augment from club activities (Lovelace)

PASSED AND ADOPTED, this 6th day of May, 2014, by the Governing Board of MERCED COMMUNITY COLLEGE DISTRICT by the following vote:

AYES_____NOES______ABSENT_______ Signed___________________

Secretary of the Board Date____________________

Page 24

Page 25: Sabbatical Report Summary for Cary Yanagi...Sabbatical Report Summary for Cary Yanagi I thank the board for this opportunity to improve the curriculum for our students. The current

MERCED COMMUNITY COLLEGE DISTRICT 3600 M Street

Merced, CA 95348-2898

RESOLUTION 14-79 FOR USE OF UNBUDGETED FUNDS

April 28, 2014 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 CAPITAL PROJECTS FUND be increased by $279,143 listed below.

8658 Prop 39 Project 279,143 + To provide for Los Banos lighting, Window, Water Heater, Pool Pumps,

& Virtual Desktop (Schultz)

PASSED AND ADOPTED, this 6th day of May, 2014, by the Governing Board of MERCED COMMUNITY COLLEGE DISTRICT by the following vote:

AYES_____NOES______ABSENT_______ Signed___________________

Secretary of the Board Date____________________

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MERCED COMMUNITY COLLEGE DISTRICT 3600 M Street

Merced, CA 95348-2898

RESOLUTION 14-80 FOR USE OF CONTINGENCY FUNDS

April 28, 2014 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 two-thirds vote of its membership, make transfers from the reserve for contingencies to any expenditure classification at any time during the fiscal year: NOW THEREFORE BE IT RESOLVED, that the SFID#2 LOS BANOS be decreased by $5,500 listed below.

a) 7900 Reserve for Contingency 5,500 –

a) To provide for ADA Transition Plan (Schultz)

PASSED AND ADOPTED, this 6th day of May, 2014, by the governing Board of MERCED COMMUNITY COLLEGE DISTRICT by the following vote:

AYES_____NOES______ABSENT_______ Signed___________________

Secretary of the Board Date____________________

Page 26

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PERSONNEL SCHEDULE 14-64 May 6, 2014

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

A. Regular

Employee Assignment Salary Dates Brown, Sharon Professor of Nursing $68,746.00 8/7/14 Chavez, Cindy Professor of English $68,746.00 8/7/14 Lang, Karen Diagnostic Radiologic Tech

Prog Director/Professor $68,746.00 4/28/14

Johnson, Mark Admin of Justice/Crim Justice Professor

$64,065.00 8/7/14

Lucey, Vicki Professor of Psychology $64,065.00 8/7/14 Nelson, Kevin Professor of English $66,361.00 8/7/14 Russell, Chad Professor of Welding $57,191.00 8/7/14 Serpa, Caitlin Professor of Economics $50,339.00 8/7/14

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

Employee Assignment Salary Hire Date Addington, Vernal Math 80 48.92 Spring 14 Blais, Robert Fire63b 47.06 Spring 14 * Bonstein, James Study Central Workshop 50 stip Spring 14 R Brown, Jennifer Math c, 80 47.95 Spring 14 Calzadillas, Andrew CTE Outreach:Nutrition Prog. 200 stip Spring 14 * Cambridge, Isabel General Counseling 56.20 Spring 14 Caudle, Nancy CTE Outreach:Nutrition Prog. 200 stip Spring 14 Cronk, La Von CTE Outreach:Nutrition Prog. 200 stip Spring 14 R

Davies, Robert

Phsc 01,01L, Geol 01,02, Astr 01

49.81

Spring 14

R Dawson, Denisha Chem 04b, 02a 54.34 Spring 14 * Donaher, Kimberly CTE Outreach/Ag Field Day 520 stip Spring 14 *

Fritz, Karen

CTE Outreach:CEO Bus. Entrep. 100 stip Spring 14

Fuentes, Christina General Counseling LB 53.41 Spring 14 *

Gargova, Svetla

C6 Common Assess. Pilot Project

125 stip

Spring 14

Gilardi, Michelle General Counseling LB 53.45 Spring 14

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Employee Assignment Salary Hire Date Gonzales, Gloria Study Central Workshop 50 stip Spring 14 *

Haugen, Annette

CTE Outreach:CEO Bus. Entrep.

800 stip

Spring 14

* Haugen, Annette CTE Outreach:Nutrition Prog. 200 stip Spring 14 Hausmann, Gregory Crim 42c, Allh 50 50.74 Spring 14 Huerta, Irma Socl 760 46.13 Spring 14 * Huntington, Pamela Math/English rev. workshops 1200 stip Spring 14 Jensen, Doug Crim 42d 47.99 Spring 14 R Jordan, Lana Phys 04a, 04b, 04c 56.20 Spring 14 Kalember, Samuel Skls 210 47.95 Spring 14 R Keller, Susan Biol 16 54.38 Spring 14

Kelly, Patrick

W & M Basketball stats & scorebook

75 stip

Spring 14

I Khoubiar, Tatiana General Counseling 49.77 Spring 14

Kingsley, James

CTE Outreach CEO Bus Entrep

100 stip

Spring 14

Lawrence, Andrea Edu 112c 49.85 Spring 14 R Macias, Mireya Biol 02 56.20 Spring 14 Malekzadeh, Behrouz Math c 55.31 Spring 14 Mast, Michael Socl 760 46.13 Spring 14 Mattos, Kimberly Edu 112c 47.06 Spring 14 * McDonald, Travis Edu 112b, Math 81 54.34 Spring 14 * Meidinger, Mai Math/English workshops 1200 stip Spring 14 * Meidinger, Stephan Math/English workshops 1200 stip Spring 14 R Meidinger, Stephan Edu 112b, Math c 56.20 Spring 14 Mulvaney-Trask, Vickie Study Central Workshop 50 stip Spring 14 Nagano, Jeffrey Indt 41 48.92 Spring 14 * Nelson, Curtis Arts 512 55.27 Spring 14 Newins, Jack Study Central workshops (2) 50 stip

50 stip Spring 14

Ortega, Karina General Counseling 49.77 Spring 14 * Ortiz, Keri Math/English rev. workshops 1200 stip Spring 14 *

Ortiz, Keri

Study Central Workshops (2)

50 stip 50 stip

Spring 14

* Pecchenino, Michelle CTE Outreach:Nutrition Prog. 200 stip Spring 14 Piland, Kurt General Counseling 53.41 Spring 14 *

Pirtle, Toni

Workshop-Social Media Planning

400 stip

Spring 14

Pistoresi, Patty MID Contract MC2409 (2) 350 stip

450 stip Spring 14 Spring 14

Pistoresi, Patty MID Contract MC2409 (2) 350 stip

450 stip Spring 14 Spring 14

Pistoresi, Patty MID Contract MC2409 (2) 350 stip

450 stip Spring 14 Spring 14

Pistoresi, Patty Customer Service Stipend 225 stip Spring 14

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Employee Assignment Salary Hire Date Pistoresi, Patty Conflict Resolution 450 stip Spring 14 R

Provencio, Gloria

Regn 35, 37, Edu 112c, Regn 02

56.20

Spring 14

R Samra, Malkiat Allh 51 48.92 Spring 14 * Smith, Daniel Regn 24 56.20 Spring 14 R Severo, Salvador Phed 10d 50.74 Spring 14 * Stanford, Michelle General Counseling LB 52.52 Spring 14 *

Tassey, Bryan

CTE Outreach:Nutrition Program

200 stip

Spring 14

R Tenn, Brandon Chem 02a 54.34 Spring 14 * Thornburgh, James Study Central Workshop 50 stip Spring 14 * Vangay, Jonas CTE Outreach:Nutrition Prog. 200 stip Spring 14

I InitialHire R Revised * Full-time faculty e equivalency C. Separations Employee Assignment Action Dates Arguelles, Marcus Professor Retirement 6/30/14 Barry, Ora Jean Counselor Retirement 6/30/14 Bennett, Charlie Counselor Retirement 6/4/14 Caine, Eric Professor Retirement 5/31/14 Enriquez, Michael Professor Retirement 6/30/14 Falkowski, David Professor Retirement 6/30/14 Hoornaert, Don Professor Retirement 5/24/14 Lacey, Valarie Counselor Retirement 6/30/14 Lenz, Robert Counselor Retirement 6/30/14 Nicoll-Johnson, Mark Professor Retirement 6/1/14 Tanioka, Eileen Learn Dis Specialist Retirement 5/24/14 D. Miscellaneous

Employee Assignment Action Dates

Johl, Amerjit

Professor

Reduction in workload to 60%

Fall 14 – Spring 15

Classified/Management Employment

A. Regular

Employee Assignment Salary Hire Date

Barriga, Julie Sign Language $1445.00/mo. 5/7/14

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Employee Assignment Salary Hire Date Interpreter I

Crutcher, Justin Courier $842.00/mo. 5/7/14 Hergenraeder, Charles Purchasing Manager $62,096 4/21/14

B. Hourly/Short-term

Employee Assignment Salary Hire Date Adams, Matt Security $12.46/hr 3/1/14-3/1/14 Andersen, Colton PC Technician $18.44/hr 3/5/14-6/30/14 Barron, Kandi Acct Tech II $14.45/hr 4/21/14-6/30/14 Betady, Edwin Security $12.46/hr 3/1/14-3/2/14

Bigelow, Teresa

CS Instr Fused Glass Windchime

$60.00 stip

3/11/14-3/25/14

Canepa, Thomas Ed Tech Spec $18.44/hr 6/1/14-6/26/14 Chambers, Brian Security $12.46/hr 3/1/14-3/2/14 Chambers, Brian Security $12.46/hr 3/1/14 Franco, Dalia Security $12.46/hr 3/1/14-3/2/14

Gardia, Autumn

Dir Spec Proj & Grants

$211.04 per diem

5/7/14-6/17/14

Gilmont, Jordan Outreach Worker $12.46/hr 4/21/14-6/30/14 Gossett, William CS Instr Ceramics $510.00 stip 1/13/14-3/17/14 Lingenfelter, Krista Lifeguard $9.73/hr 1/15/14-6/1/14 Meeks, Markiesha Outreach Worker $12.46/hr 3/27/14-6/30/14 Partida, Christina Security $12.46/hr 3/1/14-3/2/14 Sabbah, Dalia CS Lifeguard II $10.22/hr 5/27/14-6/30/14 Sabbah, Dalia CS Lifeguard II $10.22/hr 7/1/11-8/8/14 Soto, Maria CFK Pool Cashier $11.31/hr 7/7/14-7/17/14 Soto, Maria CFK Pool Cashier $11.31/hr 7/21/14-7/31/14 Soto Maria, CFK Pool Cashier $11.31/hr 6/16/14-6/26/14

Velasquez, Christine

Student Fees Supervisor

$172.35 per diem

4/14/14-6/1/14

Walton, Tracy CS Instr Yoga $458.00 stip 1/21/14-3/6/14 I InitialHire R Revised

C. Separations Employee Assignment Action Dates Bounlangsy, Vivath Electronics Tech Retirement 6/30/14 Chastain, John Ship/Rec Clerk Bkstore Retirement 6/30/14 Francisco, Anne Matriculation Tech Retirement 6/30/14 Levey, Marianne Student Fees Supervisor Retirement 6/02/14 Matthews, Kevin Theater/Prod Manager Retirement 6/12/14

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Employee Assignment Action Dates Nguyen, Cao Instructional Supp Tech II Retirement 6/30/14 Peterson, Donald ITS Director Retirement 6/30/14 Smith, Michael Information Tech Svcs Retirement 6/30/14

Souhrada, Rick

Dir Maint, Transp & Facilities Construction

Retirement

6/03/14

Torres-Peters, Christina Human Resources Dir Resignation 4/11/14

D. Miscellaneous

Employee Assignment Action Dates Allen, Lisa Clerk Typist, Sr. $11.89/hr Extend to 6/30/14 Chambers, Brian Security $12.46/hr 4/19/14 Chambers, Brian Security $12.46/hr 4/25/14-4/27/14 Davis, Norman Graduation Volunteer 3/13/14-5/23/14

Gragg, Shannon

Program Assist

Increase from 11.5 to 12 months

6/16/14-6/30/14

Harden, Debra

CFK Crazy for Cupcakes

Volunteer

6/16/14-7/17/14

Her, Yeng HR Contracts Tech Temp Reclass Extend to 6/18/14 Isozaki, Nicole CSD Event Wkshop Volunteer 4/24/14 Macias, Julissa Buyer II Temp Reclass 4/9/14-6/30/14 Moran, Jessica Accountant Promotion 5/7/14 Pierce, Stuart Theater/Prod Mgr Temp Reclass Extend to 6/30/14 Sanjurjo, Gabriel CSD Event Wkshop Volunteer 4/24/14

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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 MAY 6, 2014, MEETING OF THE BOARD

Schedule 14-65

Item: Blanket Purchase Order Review Presented By: Joanne Schultz For: Information Action X Background Information Purchase orders in accounts and funds indicated were issued during this reporting period. Fund BPO’s Dollar Amount General Fund (110) 13

$24,620.00

Board Designated Fund (121) 1

$1,276.00

Categorical Fund I (123) 1

$500.00

Categorical Fund II (124) 3

$6,355.00

Child Development Fund (330) 0

0.00

Merced College Farm Fund (340) 4

$1,450.00

Capital Projects Fund (410) 3

$181,914.00

Merced Bond Construction Fund (420) 0

$0.00

Los Banos Bond Construction Fund (421) 0

$0.00

Total 25

$216,115.00

Note: All vouchers, including payments for the above Blanket Purchase Orders, are reflected on the Accounts Payable Warrant Report. Blanket Purchase Orders dated March 20, 2014, through April 23, 2014, are reflected above. For this period a total of 31 Blanket Purchase Orders were processed. Recommendation/Requested Action It is recommended that the Board approve all active Blanket Purchase Orders listed above.

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BPO_NO PREFERRED_NAME BPO_DATE BPO_TOTAL_AMTB0013549 Marvin Smith 3/27/2014 0:00 14,000B0013550 HOME DEPOT / GECF 4/2/2014 0:00 300B0013551 Holt of California 4/10/2014 0:00 150B0013552 Melo's Gas & Gear, Inc. 4/10/2014 0:00 2,000B0013553 Lowe's 4/10/2014 0:00 200B0013554 T B A Auto Parts 4/10/2014 0:00 400B0013555 J.M. Equipment Co. Inc. 4/10/2014 0:00 150B0013556 Pristine Window Solutions 4/11/2014 0:00 7,499B0013557 Bestco Electricýdba: Best Electric 4/11/2014 0:00 141,439B0013558 Linden Research Inc.ýAttn: Christy Linden 4/14/2014 0:00 1,770B0013559 San Joaquin Imperial 4/14/2014 0:00 1,276B0013560 Knorr Systems, Inc. 4/15/2014 0:00 32,976B0013561 Baker Distributing Co Modesto #610 4/16/2014 0:00 1,200B0013562 D & L Pump ServiceýAttn: Derek Nance 4/16/2014 0:00 1,000B0013563 Bobs Auto Paint & Equipment 4/16/2014 0:00 315B0013564 Costco 4/16/2014 0:00 125B0013565 Lowe's 4/16/2014 0:00 125B0013566 Veterinary Service, Inc 4/16/2014 0:00 400B0013567 Costco 4/22/2014 0:00 500B0013568 Facts on File, Inc., Infobase Learning 4/23/2014 0:00 3,330B0013569 PBS Distribution, LLC 4/23/2014 0:00 2,710B0013570 Mid Valley Ag Services 4/23/2014 0:00 500B0013571 Mid Valley Ag Services 4/23/2014 0:00 400B0013572 Valley Iron, Inc 4/23/2014 0:00 2,200B0013573 Epic Environmental Compliance Systems, Inc.ýChampion Precision Testing Inc.ýATTN: Chuck Hill 4/23/2014 0:00 1,150

TOTAL 216,115

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Page 34: Sabbatical Report Summary for Cary Yanagi...Sabbatical Report Summary for Cary Yanagi I thank the board for this opportunity to improve the curriculum for our students. The current

MERCED COLLEGE Office of the President

BOARD AGENDA BACKUP

PRESENTED TO THE BOARD OF TRUSTEES OF THE

MERCED COMMUNITY COLLEGE DISTRICT AT MAY 6, 2014, MEETING OF THE BOARD

Schedule 14-66

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

Fund Purchase

Orders Dollar Amount General Fund (110) 94

$260,636.35

Board Designated Fund (121) 2

$65,384.50

Categorical Fund I (123) 25

$57,908.08

Categorical Fund II (124) 26

$123,646.87

Child Development Fund (330) 0

$0.00

Merced College Farm Fund (340) 4

$1,970.00

Capital Projects Fund (410) 8

$109,247.66

Merced Bond Construction Fund (420) 0

$0.00

Los Banos Bond Construction Fund (421) 0

$0.00

Total 159

$618,794.06

Note: All vouchers, including payments for the above Purchase Orders, are reflected on the Accounts Payable Warrant Report. Purchase Orders dated February 28, 2014, through March 23, 2014, are reflected above. For this period a total of 159 Purchase Orders were processed. Recommendation/Requested Action It is recommended that the Board approve all active Purchase Orders listed above.

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PO_NO PREFERRED_NAME PO_DATE PO_GL_AMTP0036767 Columbia College 3/20/2014 0:00 820.80P0036768 Fisher Science EducationýFisher Scientific 3/24/2014 0:00 426.56P0036769 American Red CrossýMerced-Maroposa County Chapter 3/24/2014 0:00 700.00P0036770 Carolina Biological Supply 3/24/2014 0:00 80.53P0036771 Laguna Clay Company 3/24/2014 0:00 478.19P0036772 Roc Software Systems, Inc 3/24/2014 0:00 680.00P0036773 Casey Printing 3/24/2014 0:00 1,039.00P0036774 Nasco West 3/24/2014 0:00 140.23P0036775 Consolidated Machine Corp.ýdba: Consolidated Sterilizer Systems 3/25/2014 0:00 37,776.84P0036776 Office Depot 3/26/2014 0:00 266.91P0036777 DATA2, Inc. 3/26/2014 0:00 228.98P0036778 Computerland of Silicon Valley 3/27/2014 0:00 8,687.00P0036779 Pro Tech Security & Electronics 3/27/2014 0:00 688.00P0036780 CDW GOVERNMENT INCýAttn: Paul Cardamone 3/27/2014 0:00 978.95P0036781 Keller Group 3/27/2014 0:00 4,125.85P0036782 Blick Art Materials 3/27/2014 0:00 154.29P0036783 Carolina Biological Supply 3/27/2014 0:00 256.43P0036784 Pacific Bulletproof Co. 4/2/2014 0:00 3,792.59P0036785 Palo Alto Software, Inc. 2/28/2014 0:00 12,636.25P0036786 CDW GOVERNMENT INCýAttn: Paul Cardamone 2/28/2014 0:00 9,520.12P0036787 Omega Industrial Supply Inc 4/2/2014 0:00 491.51P0036788 Troxell Communications Inc 4/2/2014 0:00 3,702.47P0036789 CDW GOVERNMENT INCýAttn: Paul Cardamone 4/2/2014 0:00 1,276.72P0036790 Rich's Auto Body Inc 4/3/2014 0:00 747.42P0036791 Fisher Science EducationýFisher Scientific 4/3/2014 0:00 56.75P0036792 Fisher Science EducationýFisher Scientific 4/3/2014 0:00 59.94P0036793 Belkorp Ag, LLC 4/4/2014 0:00 20,053.60P0036794 Image Masters 4/4/2014 0:00 593.46P0036795 Fisher Science EducationýFisher Scientific 4/4/2014 0:00 1,673.66P0036796 IDville 4/4/2014 0:00 34.42P0036797 Pro MediaýATTN: KATE SERB 2/28/2014 0:00 2,960.00P0036798 Flinn Scientific Inc 4/4/2014 0:00 766.12P0036799 NCS Pearson Inc 4/4/2014 0:00 450.00P0036800 Precision Concrete Cutting 4/9/2014 0:00 9,147.47P0036801 Ranch Fence 4/9/2014 0:00 680.00P0036802 Clay Mix 4/10/2014 0:00 520.60P0036803 Scantron Corp 4/10/2014 0:00 92.66P0036804 Edmund Scientific 4/10/2014 0:00 42.30P0036805 California Hotel & Lodging Association (CH&LA)ýand CA Association of Bed & Breakfast Inns (CABBI) 4/10/2014 0:00 525.00P0036806 California Hydronics Corp. 4/10/2014 0:00 11,450.00P0036807 Amazon/GE Money Bank 4/10/2014 0:00 41.79P0036808 Pitney Bowes Inc 4/10/2014 0:00 197.34P0036809 New Tech Solutions 4/14/2014 0:00 80,963.02P0036810 VIA Trailways 4/14/2014 0:00 792.74P0036811 Melo's Gas & Gear, Inc. 4/14/2014 0:00 97.89P0036812 Full Compass Systems, Ltd 4/14/2014 0:00 212.88P0036813 City Directories, Inc. 4/14/2014 0:00 290.80P0036815 Jim Martin & SonsýStriping & Sealing 4/14/2014 0:00 950.00P0036814 Atlex.ComýAttn: Matt Shoemaker 4/14/2014 0:00 954.83P0036817 American Medical Association 4/14/2014 0:00 642.47P0036816 Jim Martin & SonsýStriping & Sealing 4/14/2014 0:00 450.00P0036818 Forestry Suppliers Inc 4/14/2014 0:00 348.02P0036819 CDW GOVERNMENT INCýAttn: Paul Cardamone 4/14/2014 0:00 2,391.55P0036820 Nasco West 4/14/2014 0:00 213.17P0036821 Zetta, Inc.ýATTN: Joel Maki 4/14/2014 0:00 1,023.30P0036822 Zetta, Inc.ýATTN: Joel Maki 4/14/2014 0:00 1,566.00P0036823 Cotwarehouse 4/14/2014 0:00 3,423.80P0036825 Sirsi Dynix 4/14/2014 0:00 4,530.00P0036824 Robert Makayýdba: InaBind Systems, Inc. 4/14/2014 0:00 2,038.50P0036826 Gaylord Bros 4/14/2014 0:00 45.03P0036827 Carolina Biological Supply 4/14/2014 0:00 140.12

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P0036828 Freestyle Photographic Supply 4/14/2014 0:00 428.77P0036829 B & H Photo Video 4/14/2014 0:00 99.67P0036830 Office Depot 4/14/2014 0:00 210.82P0036831 San Francisco Giants 4/14/2014 0:00 2,203.50P0036832 Flinn Scientific Inc 4/14/2014 0:00 60.90P0036833 Amazon/GE Money Bank 4/15/2014 0:00 422.76P0036834 Amazon/GE Money Bank 4/15/2014 0:00 96.94P0036835 Valley Iron, Inc 4/15/2014 0:00 655.24P0036836 Lego Education 4/15/2014 0:00 246.96P0036837 Mouser Electronics 4/15/2014 0:00 108.93P0036838 Baudville 4/15/2014 0:00 205.58P0036839 Thermo Fisher Scientific (Asheville) LLCýATTN: JOTI DHILLON 4/15/2014 0:00 915.57P0036840 Dataflow Business Systems, Inc. 4/15/2014 0:00 7,382.20P0036841 Sang's Auto Upholstery 4/15/2014 0:00 205.20P0036842 Image Sales, Inc. 4/15/2014 0:00 7,603.24P0036843 The Paton Group 4/15/2014 0:00 810.00P0036844 Atlex.ComýAttn: Matt Shoemaker 4/15/2014 0:00 1,938.60P0036845 Amazon/GE Money Bank 4/15/2014 0:00 164.07P0036846 Achievement Products 4/15/2014 0:00 112.38P0036847 Golden Valley Door and Millwork 4/15/2014 0:00 347.75P0036848 Moore Medical, LLC 4/15/2014 0:00 150.28P0036849 Amazon/GE Money Bank 4/15/2014 0:00 61.24P0036850 Pocket Nurse Enterprises 4/15/2014 0:00 1,039.70P0036851 Moore Medical, LLC 4/15/2014 0:00 501.32P0036852 Facts on File, Inc., Infobase Learning 4/15/2014 0:00 326.18P0036853 CDW GOVERNMENT INCýAttn: Paul Cardamone 4/15/2014 0:00 49,980.90P0036854 Tomark Sports Inc 4/16/2014 0:00 581.24P0036855 Life Fitness 4/16/2014 0:00 280.91P0036856 National Restaurant Association 4/16/2014 0:00 906.16P0036857 At Battery Co, Inc. 4/16/2014 0:00 670.63P0036858 Platt Electrical Supply Inc. 4/16/2014 0:00 736.90P0036859 Northwest Research Obsidian Studies Laboratory 4/16/2014 0:00 270.00P0036861 Willamette Analytics, Llc 4/16/2014 0:00 162.00P0036860 American Mobile Shredding, Inc. 4/16/2014 0:00 807.00P0036862 Scantron Corp 4/16/2014 0:00 258.98P0036863 CDW GOVERNMENT INCýAttn: Paul Cardamone 4/16/2014 0:00 133.49P0036864 Taher, Campus Dining 4/16/2014 0:00 265.95P0036865 Delta Wireless, Inc. 4/16/2014 0:00 63,346.00P0036866 Taher, Campus Dining 4/16/2014 0:00 847.48P0036867 Scantron Corp 4/16/2014 0:00 181.11P0036868 VIA Trailways 4/16/2014 0:00 790.74P0036869 CDW GOVERNMENT INCýAttn: Paul Cardamone 4/16/2014 0:00 248.44P0036870 Projectors, Etc. 4/16/2014 0:00 5,945.68P0036871 International Plant Nutrition Institute, Inc. 4/16/2014 0:00 151.20P0036872 Bella Luna Bakery Cafe 4/16/2014 0:00 727.98P0036873 Bertuccio Hay Service 4/16/2014 0:00 550.00P0036874 Gregory Furtado 4/16/2014 0:00 550.00P0036875 Gregory Furtado 4/16/2014 0:00 270.00P0036876 Merced Hesston 4/16/2014 0:00 600.00P0036877 Amazon/GE Money Bank 4/16/2014 0:00 76.64P0036878 Galls, An Aramark Co 4/16/2014 0:00 1,262.63P0036879 McNamara Sports Inc 4/16/2014 0:00 356.14P0036880 Team Wear Athletic 4/16/2014 0:00 745.46P0036881 Nasco West 4/17/2014 0:00 153.82P0036882 McNamara Sports Inc 4/17/2014 0:00 1,058.18P0036883 Cooksey's Roofing 4/17/2014 0:00 9,300.00P0036884 BSN Sports 4/17/2014 0:00 676.87P0036885 Jim Martin & SonsýStriping & Sealing 4/17/2014 0:00 1,200.00P0036886 Sport & Cycle Team Athletics-Fortuna Branch 4/17/2014 0:00 891.13P0036887 Keller Group 4/17/2014 0:00 439.82P0036888 Valley Aquatic Supply 4/17/2014 0:00 510.15P0036889 CDW GOVERNMENT INCýAttn: Paul Cardamone 4/17/2014 0:00 407.04

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P0036890 S & R Sports 4/17/2014 0:00 1,002.44P0036891 CDW GOVERNMENT INCýAttn: Paul Cardamone 4/17/2014 0:00 1,179.32P0036892 Pro Tech Security & Electronics 4/21/2014 0:00 5,277.00P0036893 Ingraham Trophies 4/22/2014 0:00 48.06P0036894 Office Depot 4/22/2014 0:00 863.98P0036895 Omega Industrial Supply Inc 4/23/2014 0:00 1,030.13P0036896 Baudville 4/23/2014 0:00 365.41P0036897 Hewlett-Packard CoýATTN: HP DEMO 4/23/2014 0:00 207.30P0036898 McGraw Hill Inc 4/23/2014 0:00 3,942.00P0036899 Studica 4/23/2014 0:00 173.52P0036900 The Paton Group 4/23/2014 0:00 1,520.00P0036901 Gottschalk Music Center 4/23/2014 0:00 1,573.52P0036902 Provantage Corp 4/23/2014 0:00 363.60P0036903 Shannon Pump Co 4/23/2014 0:00 772.89P0036904 Sierra School Equipment Co 4/23/2014 0:00 457.00P0036905 Impact Marketing 4/23/2014 0:00 8,868.00P0036906 Computerland of Silicon Valley 4/23/2014 0:00 102,421.07P0036907 CDW GOVERNMENT INCýAttn: Paul Cardamone 4/23/2014 0:00 5,608.98P0036908 Carolina Biological Supply 4/23/2014 0:00 263.98P0036909 Office Depot 4/23/2014 0:00 64.94P0036910 Flinn Scientific Inc 4/23/2014 0:00 45.68P0036911 Fisher Science EducationýFisher Scientific 4/23/2014 0:00 517.28P0036912 Wards Natural Science 4/23/2014 0:00 64.11P0036913 Bulbtronics 4/23/2014 0:00 158.76P0036914 Fisher Science EducationýFisher Scientific 4/23/2014 0:00 449.92P0036915 Fisher Science EducationýFisher Scientific 4/23/2014 0:00 1,109.02P0036916 Valley Aquatic Supply 4/23/2014 0:00 148.02P0036917 L N Curtis & Sons 4/23/2014 0:00 1,140.48P0036918 Center for Phlebotomy Education 4/23/2014 0:00 48.79P0036919 Computerland of Silicon Valley 4/23/2014 0:00 49,689.43P0036920 Taher, Campus Dining 4/23/2014 0:00 305.10P0036921 The Hanover Research Council, Llc 4/23/2014 0:00 15,000.00P0036922 Gaylord Bros 4/23/2014 0:00 585.36P0036923 Costco 4/23/2014 0:00 215.99P0036924 CDW GOVERNMENT INCýAttn: Paul Cardamone 4/23/2014 0:00 248.44P0036925 Temple Associates Inc 4/23/2014 0:00 311.20

Total 618,794.06

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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 MAY 6, 2014, MEETING OF THE BOARD

Schedule 14-67 Item: Authorization To Declare Unusable Furniture and Equipment

Surplus Property Presented By: Joanne Schultz For: Information Action X

Background Information

The District Warehouse is storing miscellaneous equipment, listed below, that has been deemed by varous departments as in unusable condition or no longer useful for District purposes. No usuable items will be recommended to be declared as surplus property until other departments have had an opportunity to review and transfer any needed itsems to their departments. Each of these items listed below are no longer needed by the District and has a total estimated value of less than $2,500.

Quantity Unit Description Department 1 Ea Casting Kit Business Div. 1 Ea Obstetrical Manikan Business Div. 1 Ea Finger Print Kit Business Div. 1 Ea Air Soft Gun Business Div 2 Ea Soil Heater Plant Science 55 Ea CPUs ITS 3 Ea Laptops ITS 2 Ea Sony Monitor IT 3 Ea PTK Computer IT 1 Ea Sony LIB IT 4 Ea Laser Jet Printer IT 1 Ea Cynoics Laser IT 1 Ea Cynoics Laser Power Supply IT 1 Ea Digital Indicators IT 3 Ea PWR Supplies IT 1 Ea Optical Table Isolater IT 1 Ea AT&T Accuink IT 1 Ea Flat Screen Monitor IT 1 Ea Adtran IT 6 Ea TEKTRONIX o-scope IT

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1 Ea Compaq Computer IT 1 Ea Cisco Firewall525 IT 1 Ea Net Switch IT 1 Ea Tape Set IT 1 Ea CTX Monitor IT 1 Ea Computer IT 1 Ea Sun Graphics Acceleator IT 1 Ea XEROX Docuprint IT 2 Ea Student Demo Print IT 4 Ea Computer Towers IT 1 Ea CD disc Player IT 1 Ea High Volt DC Supply IT 1 Ea Test Signal Gen IT 1 Ea Cisco AS2500 IT 1 Ea GE FANCU IT 1 Ea DTK Computer IT 2 Ea HP Desktops IT 1 Ea Leibert UPS Station IT 1 Ea Garret Pwr Supply IT 3 Ea Tektronics IT 1 Ea Hitachi O-scope IT 1 Ea Heath O-scope IT 1 Ea Detection Laser Meter IT 1 Ea Global Synthesizor Generator IT 1 Ea Oscilliscope IT 13 Ea HP Monitors IT 1 Ea Paradyne IT 4 Ea IBM Monitor IT 1 Ea EPM 2000 IT 1 Ea Addtran ISU IT 1 Ea Cysco PWR Supply IT 5 Ea Heath Kit IT 1 Ea Over Head Projector IT 1 Ea Score Keeper IT 3 Ea APC PWR Supply IT 4 Ea Empty Comptuer Towers IT 4 Ea Dismantled Comuter Towers IT 1 Ea Router IT 1 Ea Alloy FT-60 IT 1 Ea Visual Up Time IT 1 Ea Livingston Server IT 1 Ea EPM 2000 IT 1 Ea Culter Haminer IT 1 Ea Epson Printer IT 2 Ea Soldering Iron Stand IT 1 Ea AMDEK Laser drive IT

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1 Ea Genco PWR supply IT 1 Ea AB PLC-4 microtrol IT 3 Ea GE Fanuc Program Control IT 1 Ea Texas Inst. Central Process Unit IT 1 Ea Smith Electric Typewriter IT 1 Ea Brother Transceiver IT 1 Ea PC Viewer In Focus Systems IT 1 Ea Summa Sketch Plus IT 3 Ea Regulated PWR supply IT 3 Ea Smart UPS 600 XL IT 15 Ea 12” X 12” Solar Panel Trainers IT 1 Ea Model 435 CPU IT 1 Ea Allen Bradley Electronic Controller IT 1 Ea IBM Power Supply IT 4 Ea JVC Cassette Recorder IT 1 Ea Sony Video Recorder IT 3 Ea HP Desk Jet692C IT 1 Ea EHUB1202 IT 1 Ea Sharp CD Player IT 3 Ea IBM PC IT 1 Ea Compaq Desktop IT 1 Ea Black Case W/ Circuit Boards IT 1 Ea Keyboard Drawer IT 1 Ea Microsoft trouble shoot IT 1 Ea Lexmark printer IT

The Board of Trustees has 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.

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CURRICULUM REVISIONS FROM April 3, 2014 (Changes effective Summer 2015 unless stated otherwise)

Schedule 14-68 DISTANCE EDUCATION PERMANENCY GUID-45 Pathways to Transfer COURSE CHANGES/TITLE 5 CONTENT REVIEW/SLO UPDATES GUID-45 Pathways to Transfer NUTR-43 Children and Weight Concerns NEW PROGRAMS A.A.-T. Elementary Teacher Education A.A.-T. Music COURSE INACTIVATION AGBS-31 Agricultural Ambassadors MGMT-51B Motivation and Morale MGMT-52E Employee Recruiting, Interviewing, and Hiring

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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 May 5, 2014 MEETING OF THE BOARD

Item: Second Reading - Board Policy & Administrative Procedure 2470/3300 –

Access to Public Records Presented by: Ron Taylor For Information X For Action Background Information This policy and procedure has been vetted throughout the various constituents on campus and their feedback has been incorporated. The College Council has reviewed it and forwards them to the Board. This policy and procedure came before the Board for a first reading at the March 4, 2014, meeting. Recommendation/Requested Action It is recommended the Board approve the proposed policy and procedure. Attachment BP/AP 2470/3300 – Access to Public Records

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Board Policy 2470 3300 References: Government Code Sections 6250 et seq. POLICY ACCESS TO PUBLIC RECORDS It shall be the policy of the Merced Community College District to ensure that the provisions of the California Public Records Act are observed as they relate to the public's right to inspect public records. The District will adopt administrative procedures for the purpose of implementing this policy. The President/Superintendent or his/her designee shall establish procedures for records management, including access by the public, that comply with the requirements of the California Public Records Act. See Administrative Procedure 3300 Adopted 7/17/84 Revised 10/3/95

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ADMINISTRATIVE PROCEDURE 2470 3300 References: Government Code Sections 6250 et. Seq. ACCESS TO PUBLIC RECORDS In keeping with this policy, the Merced Community College Board of Trustees does hereby adopt the following procedures regulations: 1. Access: District public records are open to inspection during the normal office

hours of the appropriate office. 2. Exemptions from Disclosure: Those records exempted by Government Code

6254 and 6275 (personnel files, legal claims or pending litigation, medical files, test questions or examination for public employment, etc.), shall not be available for public inspection. other provisions of the California Public Records Act, or other provisions of law shall not be available for public inspection.

3. Provision of Records: Public records shall be provided in accordance with

the requirements and timelines set forth in the California Public Records Act. (Government Code sections 6250 et seq.) The District shall, within ten (10) days from receipt of a request, determine whether the request, in whole or in part seeks copies of disclosable public records in the possession of the District and promptly notify the person making the request determination. Extensions of time shall be made in accordance with the requirements of Government Code section 6253. The District shall justify the withholding of any records as required by Government Code section 6255.

4. Copies and Assistance: Any person may receive a copy of any identifiable public

record not otherwise exempt from disclosure. The person making a request to view or receive a copy of such a record must provide enough information to make the record 'identifiable' as no random viewing of a complete records file is allowable. The District will assist the member of the public to identify records and information that are responsive to the request as required by Government Code 6253.1.

5. Fees: As authorized by the California Public Records Act, the District shall recover

the actual cost of providing the copy direct cost of duplication. At the present time, a charge of $.32 per machine copy shall be made where search and copying by a staff member is necessary. The costs for reproduction of other media (micro-film, computer printouts, etc.) shall be as determined by the manager of the office of record. The Vice President, District Administrative Services, is charged with the responsibility of reviewing the fees established by this policy. These fees

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shall be adjusted upward or downward as future trends in costs may require. 6. Electronic Records: (A) Unless otherwise prohibited by law, the District shall provide a copy of

an electronic records in the format requested if the requested format is one that has been used by the agency to create copies for its own use or for provision to other agencies and is available. The requester shall bear the direct cost of duplication.

(B) The District shall make the information available in any electronic format in which it holds the information.

(C) If programming or additional computer services are required to produce the record, the requester shall bear the cost of producing a copy of the electronic record, including the cost to construct the record, and the cost programming and computer services necessary to produce an electronic copy of the record when either of the following applies:

the record is that produced only at otherwise regularly scheduled intervals; or

the request would require data compilation, extraction, or programming to produce the record.

(D) The District shall not be required to reconstruct a record in an electronic format if the agency no longer has the record available in an electronic format.

(E) Information shall not be related in electronic format if the release would jeopardize or compromise the security or integrity of the original record or of any propriety software in which it is maintained. (Government Codes 6253.9.)

Revised 10/3/95 Revised

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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 May 5, 2014 MEETING OF THE BOARD Item: Establishment of the Board’s Summer Meeting Schedule Presented by: Ronald C. Taylor

For Information X For Action Background Information As in past years, a request is made that the Board consider modifying its meeting schedule during the summer months. The following schedule would accommodate the handling of the District’s business items, as well as provide staff with opportunities to schedule vacations during the summer. · In June, it is recommended the Board meet on the third Tuesday of the month,

June 17. · A meeting would not be held during the month of July. · In August, the Board would return to its regular meeting schedule with a meeting

on the first Tuesday of the month, August 5. Recommended Action It is recommended the Board meeting schedule as recommended above be approved for the summer of 2014.

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RESOLUTION NO. 14-82

BOARD OF TRUSTEES OF THE MERCED COMMUNITY COLLEGE DISTRICT

RESOLUTION DECLARING INTENTION TO LICENSE PROPERTY

WHEREAS, the Merced Community College District (“District”) is the owner of approximately 10 acres of certain excess real property located within the District at Community College Drive North and Community College Drive East (“Property”) and as more particularly described in Exhibit “A,” attached hereto.

WHEREAS, the District has no academic use for the Property in the current calendar year;

WHEREAS, the District anticipates it will have academic need for the Property in coming years and does not desire to enter into any long term agreement related to the Property;

WHEREAS, the District desires to seek a method of securing revenue from the Property as well as some academic benefit within this calendar year; and,

WHEREAS, the District anticipates that licensing the use of the Property for animal husbandry with a requirement for access to the Property and livestock and operations thereon for academic purposes, according to terms and conditions acceptable to and in the best interests of the District, limited to this calendar year.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the Governing Board of the Merced Community College District as follows:

Section 1. That the above recitals are true and correct.

Section 2. That the Board hereby declares the Property surplus for this calendar year, and hereby declares the Board’s intention to license use of the Property.

Section 3. That the District will use its best efforts to ensure the Property is licensed at its highest and best use pursuant to the best interests of the District.

Section 4. That the Board does hereby announce its intention to receive and consider bid proposals for the license of use of the Property.

Section 5. The Board delegates authority to and appoints the President or his designee to conduct a public bid auction for the licensing of use of the Property. Any action taken at said public auction will be presented to the Governing Board for ratification at the regularly scheduled District Board meeting that same day.

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ADOPTED, SIGNED AND APPROVED this 6th day of May, 2014.

____________________________________ President of the Governing Board of the Merced Community College District

I, Gary Arzamendi, Clerk of the Governing Board of the Merced Community College District, do hereby certify that the foregoing Resolution was adopted by the Governing Board of said District at a meeting of the Board held on the 6th day of May, 2014, and it was so adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

________________________________Clerk of the Governing Board of the Merced Community College District

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Exhibit “A” Map/Legal Description of Property

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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 MAY 6, 2014 MEETING OF THE BOARD

Item: Ratification of No-Cost Change Order

Proposition 39-Energy Project

Los Banos Campus Lighting Retrofit

Presented By: Joanne Schultz

For: Information Action X Background Information On April 1, 2014, the Board of Trustees awarded the Proposition 39, Lighting Project to Bestco Electric Inc. Change Order No. 1, Los Banos Campus Lighting Retrofit Bid #021814 with Bestco Electric Inc.: The parking lot lights, walkway lights, ballasts, and can lights specified by Newcomb, Anderson, McCormick (NAM) have a six to eight week lead time which will push the project completion past the Proposition 39 project deadline. Bestco Electric has submitted an “equal or better” product that meets the energy requirements and will provide the same energy savings calculated from the specified fixtures. Failure to meet the deadline would jeopardize our ability to retain the Proposition 39 Funds for this project. Recommended/Requested Action It is recommended the Board of Trustees ratify this no-cost change order to meet the project schedule deadline. Attachments None.

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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 MAY 6, 2014, MEETING OF THE BOARD

Item: Request to Issue TRAN for 2014-15 Presented By: Joanne Schultz For: Information______ Action__X__ Background Information This will be the seventeenth 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 recent years, the State of California has continued to defer apportionment payments to community colleges, resulting in a greater need for short-term borrowing solutions. The attached resolution authorizes the issuance of TRANs by the Merced Community College District in the amount not to exceed $10,000,000. The 2014-15 TRAN will be dated July 1, 2014, 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. 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,

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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 2014-15 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 14-81

RESOLUTION AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 2014-2015; THE ISSUANCE AND SALE OF A 2014-2015 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, 2015 (“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 of Notes, 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 (the “County Board”) of the county, the county superintendent of which has jurisdiction over the school district (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 County Board 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 taxes, income, revenue (including, but not limited to, revenue from the state and federal governments), cash receipts and other

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moneys of the District, and available for the payment of the principal of the Note and the interest thereon;

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 California community college district (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 Wilmington Trust, National Association, as trustee (the “Trustee”);

WHEREAS, the Trust Agreement provides, among other things, that for the benefit of registered owners of Note Participations (collectively the “Owners” or individually an “Owner”), 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

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secured either by an irrevocable letter (or letters) of credit or policy (or policies) of insurance or 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 and 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, as applicable, 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:

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

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 “2014-2015 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

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the United States of America, but only upon surrender thereof, at the Designated Office of the Trustee (as defined in the Trust Agreement), initially in Costa Mesa, California.

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 County Board 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, 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

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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 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 by the Special Counsel identified in Section 21 hereof 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 and Special Counsel 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 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

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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 Participations, for and in the name and on behalf of the District, to deem the Preliminary Official Statement final for purposes of the Rule and 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.

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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 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 allocable proceeds shall constitute the District’s Proceeds Subaccount.

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As an alternative to depositing proceeds of the Note in a Proceeds Subaccount, the District may cause such proceeds to be directly deposited in the general fund thereof, or such other fund as shall be held by the County on behalf or for the District, or in a Permitted Investment (as defined in the Trust Agreement).

(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 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, 2014 through June 30, 2015, but which, due to the deferral of such apportionments by the State will not be received until after June 30, 2015 (“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 (so pledged, 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 “2014-15 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

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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.

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.

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

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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 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

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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.

Section 9. Execution of Note; Registration and Transfer. Any one of the treasurer-tax collector of the County or comparable officer (the “Treasurer”), or his or her duly appointed designee, the Chairperson of the County Board, or such other member of the County Board authorized to sign on behalf of such Chairperson pursuant to the procedures 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. In the event the County Board 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 to 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 Designated 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.

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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 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 the Designated Office thereof, 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

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of its obligations thereunder, and the District has full legal right, power and authority to cause the issuance and delivery of the Note.

(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, and 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) Reserved.

(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 2014-2015 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 “2014-2015 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 Local Agency 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 not be subject to repeal. 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.

Except as described above, 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, a reduction of the principal amount thereof, an extension of the time of any payment thereon, a reduction of the rate of interest thereon, a change in the date or amounts of the pledge set forth in this Resolution or an amendment to this paragraph, 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 to or Clerk of the Legislative Body to the Treasurer of the County and to the County Board. 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, 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 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, San Francisco, California, 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.

The underwriter identified in the Purchase Agreement is hereby appointed as lead Underwriter for the Program. The Purchase Agreement may appoint such other co-managers as may be identified therein.

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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 ___ day of ______, 2014, 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

2014-2015 TAX AND REVENUE ANTICIPATION NOTE, SERIES __*/

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 Wilmington Trust, National Association in Costa Mesa, 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 to 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/Clerk], 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:

WILMINGTON TRUST, 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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MERCED COLLEGE Office of the President

BOARD AGENDA BACKUP

PRESENTED TO THE BOARD OF TRUSTEES OF THE

MERCED COMMUNITY COLLEGE DISTRICT AT THE May 5, 2014, MEETING OF THE BOARD

Item: First Reading - Board Policy and Administrative Procedures Presented by: Administration X For Information For Action Background Information The policies and administrative procedures have been vetted throughout the various constituents on campus and their feedback has been incorporated. The College Council has reviewed them all and forwards them to the Board for review. Recommendation/Requested Action The Board Policies/Administrative Procedures are presented for first reading. They will be presented for action at the next regular meeting of the Board of Trustees. Attachments BP/AP 2710 – Conflict of Interest AP 2712 – Conflict of Interest Code

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BOARD POLICY 2710 CONFLICT OF INTEREST Reference: Government Code Sections 1090, et seq.; 1126; 87200, et seq.; Title 2, Sections 18730 et seq. Administrative Procedure 2712

Board members shall not be financially interested in any contract made by the Board or in any contract they make in their capacity as board members. Board members shall avoid conflicts of interest, or its appearance, between their obligations to the District and private business or personal commitments and relationships. A board member shall not be considered to be financially interested in a contract if his or her interest is limited to those interests defined as remote under Government Code Section 1091 or is limited to interests defined by Government Code Section 1091.5. A board member who has a remote interest in any contract considered by the Board shall disclose his or her interest during a board meeting and have the disclosure noted in the official board minutes. The board member shall not vote or debate on the matter or attempt to influence any other board member to enter into the contract. A board member shall not engage in any employment or activity that is inconsistent with, incompatible with, in conflict with or inimical to his or her duties as an officer of the district. A board member shall not simultaneously hold two public offices that are incompatible. Upon leaving the board, former members shall not, for a period of one year act as an attorney, agent or otherwise represent for compensation others appearing before the board. In compliance with law and regulation, the Superintendent/President shall establish administrative procedures to provide for disclosure of assets of income of board members who may be affected by their official actions, and prevent members from making or participating in the making of board decisions which may foreseeably have a material effect on their financial interest. Board members and all designated employees identified by Administrative Procedure 2712 shall file statements of economic interest with the filing officer identified by the administrative procedures. Board members are encouraged to seek counsel from the District’s legal advisor in every case where any question arises. Adopted 1/8/08 Reviewed 5/25/10

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ADMINISTRATIVE PROCEDURE 2710 Conflict of Interest References:

Government Code Sections 87105 and 87200-87210; Title 2 Sections 18700 et seq.; and as listed below

Incompatible Activities (Government Code Sections 1126 and 1099) Board members and employees shall not engage in any employment or activity that is inconsistent with, incompatible with, in conflict with or inimical to the Board member’s duties as an officer of the District. A Board member shall not simultaneously hold two public offices that are incompatible. When two offices are incompatible, a Board member shall be deemed to have forfeited the first office upon acceding to the second. Financial Interest (Government Code Sections 1090 et seq.) Board members and employees shall not be financially interested in any contract made by the Board or in any contract they make in their capacity as members of the Board or as employees. A Board member shall not be considered to be financially interested in a contract if his/her interest meets the definitions contained in applicable law (Government Code Section 1091.5). A Board member shall not be deemed to be financially interested in a contract if he/she has only a remote interest in the contract and if the remote interest is disclosed during a Board meeting and noted in the official board minutes. The affected Board member shall not vote or debate on the matter or attempt to influence any other member of the Board to enter into the contract. Remote interests are specified in Government Code Section 1091(b); they include, but are not limited to, the interest of a parent in the earnings of his or her minor child. No Employment Allowed (Education Code Section 72103(b)) An employee of the District may not be sworn in as an elected or appointed member of the Governing Board unless and until he/she resigns as an employee. If the employee does not resign, the employment will automatically terminate upon being sworn into office. This provision does not apply to an individual who is usually employed in an occupation other than teaching and who also is, at the time of election to the Board, employed part time by the District to teach no more than one course per semester or quarter in the subject matter of that individual’s occupation (Education Code Section 72103(b)). Financial Interest in a Decision (Government Code Sections 87100 et seq.) If a Board member or employee determines that he/she has a financial interest in a decision, as described in Government Code Section 87103, this determination shall be disclosed and made part of the Board’s official minutes. In the case of an employee, this announcement shall be made in writing and submitted to the Board. A Board member, upon identifying a conflict of interest, or a potential conflict of interest, shall do all of the following prior to consideration of the matter.

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• Publicly identify the financial interest in detail sufficient to be understood by the public;

• Recuse himself or herself from discussing and voting on the matter; • Leave the room until after the discussion, vote, and any other disposition

of the matter is concluded unless the matter is placed on the agenda reserved for uncontested matters. A Board member may, however, discuss the issue during the time the general public speaks on the issue.

Gifts (Government Code Section 89503) Board members and any employees who manage public investments shall not accept from any single source in any calendar year any gifts in excess of the prevailing gift limitation specified in law. Designated employees shall not accept from any single source in any calendar year any gifts in excess of the prevailing gift limitation specified in law if the employee would be required to report the receipt of income or gifts from that source on his/her statement of economic interests. The above limitations on gifts do not apply to wedding gifts and gifts exchanged between individuals on birthdays, holidays and other similar occasions, provided that the gifts exchanged are not substantially disproportionate in value. Gifts of travel and related lodging and subsistence shall be subject to the above limitations except as described in Government Code Section 89506. A gift of travel does not include travel provided by the District for Board members and designated employees. Board members and any employees who manage public investments shall not accept any honorarium, which is defined as any payment made in consideration for any speech given, article published, or attendance at any public or private gathering (Government Code Sections 89501 and 89502). Designated employees shall not accept any honorarium that is defined as any payment made in consideration for any speech given, article published, or attendance at any public or private gathering, if the employee would be required to report the receipt of income or gifts from that source on his/her statement of economic interests. The term “honorarium” does not include:

• Earned income for personal services customarily provided in connection with a bona fide business, trade, or profession unless the sole or predominant activity of the business, trade or profession is making speeches.

• Any honorarium that is not used and, within 30 days after receipt, is either returned to the donor or delivered to the District for donation into the general fund without being claimed as a deduction from income tax purposes.

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Representation (Government Code Section 87406.3) Elected officials and the [CEO] shall not, for a period of one-year after leaving their position, act as an agent or attorney for, or otherwise represent for compensation, any person appearing before that local government agency.

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ADMINISTRATIVE PROCEDURE 2712 Conflict of Interest Code Reference: Title 2, Section 18730; Government Code Sections 87103(e), 87300-

87302, 89501, 89502 and 89503; Title 2 Section 18730 Pursuant to Section 18730 of Title 2 of the California Code of Regulations, incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Section 13 Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Government Code section 87300 or the amendment of a conflict of interest code within the meaning of Government Code section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Government Code sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Government Code section 87100, and to other state or local laws pertaining to conflicts of interest. Section 1. Definitions The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. Regulations sections 18100, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. Section 2. Designated Employees The persons holding positions listed in the Appendix Section 13 are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on financial economic interests. Section 3. Disclosure Categories This code does not establish any disclosure obligation for those designated employees who are also specified in Government Code section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial economics interests pursuant to article 2 of chapter 7 of the Political Reform Act, Government Code sections 87200, et seq. In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply: (A) The geographical jurisdiction of this agency is the same as or is wholly included

within the jurisdiction of the other agency;

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(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Government Code section 87200; and

(C) The filing officer is the same for both agencies.1 Such persons are covered by

this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix Section 13 specify which kinds of financial economic interests are reportable. Such a designated employee shall disclose in his/ or her statement of economic interests those financial economic interests he or she has which are of the kind described in the disclosure categories to which he/ or she is assigned in the Appendix Section 13. It has been determined that the financial interests set forth in a designated employee's disclosure categories are the kinds of financial economic interests which he or she forseeably foreseeably can affect materially through the conduct of his or her office.

Section 4. Statements of Economic Interests Place of Filing: The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 Section 5. Statements of Economic Interests Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the

effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment.

(B) Assuming Office Statements. All persons assuming designated positions after

the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after

1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government Code section 81004. 2 See Government Code section 81010 and 2 Cal. Code of Regs. section 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer.

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being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than

April 1. (D) Leaving Office Statements. All persons who leave designated positions shall file

statements within 30 days after leaving office. Section 5.5. Statements for Persons Who Resign Prior to Assuming Office Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: (1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under

penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position.

Section 6. Contents of and Period Covered by Statements of Economic Interests: (A) Contents of Initial Statements. Initial statements shall disclose any reportable

investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.

(B) Contents of Assuming Office Statements. Assuming office statements shall

disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.

(C) Contents of Annual Statements. Annual statements shall disclose any reportable

investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period

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covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later.

(D) Contents of Leaving Office Statements. Leaving office statements shall disclose

reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.

Section 7. Manner of Reporting Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investments and Real Property Disclosure. When an investment or an interest in

real property3 is required to be reported,4 the statement shall contain the following:

1. A statement of the nature of the investment or interest; 2. The name of the business entity in which each investment is held,

and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property; 4. A statement whether the fair market value of the investment or

interest in real property exceeds two thousand dollars ($2,000), exceeds ten thousand dollars ($10,000), exceeds one hundred thousand dollars ($100,000), or exceeds one million dollars ($1,000,000).

(B) Personal Income Disclosure. When personal income is required to be reported,5

3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. 4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. 5 A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency.

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the statement shall contain: 1. The name and address of each source of income aggregating five

hundred dollars ($500) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source;

2. A statement whether the aggregate value of income from each

source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand dollars ($1,000), greater than ten thousand dollars ($10,000), or greater than one hundred thousand dollars ($100,000);

3. A description of the consideration, if any, for which the income was

received; 4. In the case of a gift, the name, address and business activity of the

donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;

5. In the case of a loan, the annual interest rate and the security, if

any, given for the loan and the term of the loan. (C) Business Entity Income Disclosure. When income of a business entity, including

income of a sole proprietorship, is required to be reported,6 the statement shall contain:

1. The name, address, and a general description of the business

activity of the business entity; 2. The name of every person from whom the business entity received

payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000).

6 . Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

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(D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity.

(E) Acquisition or Disposal during Reporting Period. In the case of an annual or

leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.

Section 8. Prohibition on Receipt of Honoraria (A) No member of a state board or commission, and no designated employee of a

state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (a), (b), and (c) of Government Code section 89501 shall apply to the prohibitions in this section.

This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Government Code section 89506. Section 8.1 Prohibition on Receipt of Gifts in Excess of $360420 (A) No member of a state board or commission, and no designated employee of a

state or local government agency, shall accept gifts with a total value of more than $360420 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official.

Subdivisions (e), (f), and (g) of Government Code section 89503 shall apply to the prohibitions in this section. Section 8.2. Loans to Public Officials (A) No elected officer of a state or local government agency shall, from the date of

his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.

(B) No public official who is exempt from the state civil service system pursuant to

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subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual.

(C) No elected officer of a state or local government agency shall, from the date of

his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status.

(D) No public official who is exempt from the state civil service system pursuant to

subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual.

(E) This section shall not apply to the following: 1. Loans made to the campaign committee of an elected officer or

candidate for elective office. 2. Loans made by a public official's spouse, child, parent,

grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans from a person which, in the aggregate, do not exceed five

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hundred dollars ($500) at any given time. 4. Loans made, or offered in writing, before January 1, 1998. Section 8.3. Loan Terms (A) Except as set forth in subdivision (B), no elected officer of a state or local

government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of five hundred dollars ($500) or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan.

(B) This section shall not apply to the following types of loans: 1. Loans made to the campaign committee of the elected officer. 2. Loans made to the elected officer by his or her spouse, child,

parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title

9 of the Government Code. Section 8.4. Personal Loans (A) Except as set forth in subdivision (B), a personal loan received by any

designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:

1. If the loan has a defined date or dates for repayment, when the

statute of limitations for filing an action for default has expired. 2. If the loan has no defined date or dates for repayment, when one

year has elapsed from the later of the following:

a. The date the loan was made. b. The date the last payment of one hundred dollars

($100) or more was made on the loan. c. The date upon which the debtor has made payments

on the loan aggregating to less than two hundred fifty dollars ($250) during the previous 12 months.

(B) This section shall not apply to the following types of loans:

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1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title. 3. A loan that would otherwise be a gift as set forth under subdivision

(A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision

(A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.

(C) Nothing in this section shall exempt any person from any other provisions of Title

9 of the Government Code. Section 9. Disqualification No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on: (A) Any business entity in which the designated employee has a direct or indirect

investment worth two thousand dollars ($2,000) or more; (B) Any real property in which the designated employee has a direct or indirect

interest worth two thousand dollars ($2,000) or more; (C) Any source of income, other than gifts and other than loans by a commercial

lending institution in the regular course of business on terms available to the public without regard to official status, aggregating five hundred dollars ($500) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made;

(D) Any business entity in which the designated employee is a director, officer,

partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts

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aggregating $360 or more provided to; received by, or promised to the designated employee within 12 months prior to the time when the decision is made.

Section 9.3. Legally Required Participation No designated employee shall be prevented from making or participating in the making of any decision to the extent his/ or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. Section 9.5. Disqualification of State Officers and Employees In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or transactions on terms not available to

members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to

members of the public regarding the rendering of goods or services totaling in value one thousand dollars ($1,000) or more.

Section 10. Disclosure of Disqualifying Interest When a designated employee determines that he/ or she should not make a governmental decision because he/ or she has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. Section 11. Assistance of the Commission and Counsel Any designated employee who is unsure of his/ or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Government Code section 83114 or from the attorney for his/ or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. Section 12. Violations This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code sections 81000 - 91015. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Government Code section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code section 91003.

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Note: The following designated positions are intended to be representative only. The job titles of the individual institution should be used. Section 13. Designated Positions and Disclosure Requirements 1. The persons occupying following positions manage public investments. They

shall file a full statement of economic interests pursuant to Government Code Sections 87200 et seq.:

$ Governing Board Members $ Superintendent/President Chief Executive Officer $ Vice President, Administrative Services Chief Business Officer 2. Disclosure Categories: The disclosure categories listed below identify the types

of investments, business entities, sources of income, or real property which the designated employees must disclosure for each disclosure category to which he or she is assigned.

Category 1: All investments and business positions and sources of income from, business entities that do business with the District or own real property within the boundaries of the District, plan to do business or own real property within in the boundaries of the District within the next year, or have done business with or owned real property within the boundaries of the District within the past two (2) years.

Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the boundaries of the District.

Category 3: All investments and business positions in, and sources of income from, business entities that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the District, plan to engage in such activities within the jurisdiction of the District within the next year, or have engaged in such activities within the jurisdiction of the District within the past two (2) years.

Category 4: All investments and business positions in, and sources of income from, business entities that are banking, savings and loan, or other financial institutions.

Category 5: All investments and business positions in, and sources of income from, business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the District.

Category 6. All investments and business positions in, and sources of income

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from, business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the Designated Employee’s Department.

Designated Positions, and the Disclosure Categories assigned to them, are as follows: Accountant

Categories 4,5 Assistant Deans

Category 6 Assistant Directors

Category 6 Chief Human Resources Officer

Category 6 Chief Instructional Officer

Categories 5,6 Chief Student Services Officer

Categories 5,6 Deans

Category 6 Director of Bookstore

Category 6 Director of Budget

Categories 4,5 Director of Food Services

Category 6 Director of Purchasing

Categories 1,4,5 Director of Facilities

Categories 1,2,3,4 Director of Maintenance & Operations

Category 2,3,6 General Counsel

Categories 1,2 Personnel Director (Merit Systems)

Category 6 Personnel Commission Members

Categories 1,2 Police Chief

Categories 5,6

POSITION CATEGORY

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Board of Trustees Superintendent/President Vice President, Administrative Services All other Vice Presidents Director, Human Resources Deans Director Purchasing Director, Maintenance, Transportation & Facilities Director, Business and Fiscal Services Director Institutional Advancement Payroll Supervisor Senior Accountant, Budget Analyst Director Information Technology Services Director Grants, Development & Institutional Research Director Financial Aid Athletic Director Director of Learning Resources Center Bookstore Manager Chief of Police Student Fees Supervisor Consultants/New Positions

1,2,3,4,5,6 1,2,3,4,5,6 1,2,3,4,5,6

2 2 3

1,2 2

2 2 3 2 3 3

3 3 3 3 2 3 *

1 As required under California Government Code Section 87302. *Consultants/New Positions shall be included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code.

Consultants must be included in the list of designated employees and must disclose pursuant to the broadest disclosure category in this Code subject to the following limitation: The Superintendent/President or his/her designee may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that are limited in scope and thus is not required to comply fully with the disclosure requirements described in this Section. Such written determination shall include a description of the consultant’s duties and, based on that description, a statement of the extent of disclosure requirements. The superintendent/president’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. Adopted 1/8/08 Reviewed 5/25/10

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