MINUTES

Special Meeting – Board of Trustees

June 18, 2007

 

In accordance with the terms and provisions of the Texas Open Meetings Act, Chapter 551 of Texas Government Code, the Board of Trustees of the Austin Community College District convened in public session on Monday, June 18, 2007, at 6:08 p.m. in the Board Room (201) of the Highland Business Center of Austin Community College located at 5930 Middle Fiskville Road, Austin, Texas, with the following members present: Mr. John F. Hernandez, Chair/Presiding Officer; Ms. Nan McRaven, Board Vice Chair [arrived at 6:15 p.m.]; Mr. James W. McGuffee, Board Secretary; Mr. Allen H. Kaplan; Dr. Barbara P. Mink; Mr. Rafael Quintanilla; Mr. Jeffrey Richard [arrived at 6:10 p.m.]; and Ms. Veronica Rivera.  Trustee Lillian J. Davis was absent from the meeting.

 

It is further found and determined that in accordance with the policies and orders of this Board, the notice of this meeting has been posted and return thereof made pursuant to the terms and provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code, and there has been full compliance with the terms and provisions of said act, including the timely posting of the subjects of this meeting.

 

DISUSSION AND POSSIBLE ACTION

 

Agenda Item 8331

Consideration of Acquisition of an Easement

Adjacent to the Cypress Creek Campus

Chair Hernandez introduced the item and Mr. Ben Ferrell, Vice President, Business Services, provided information.  He stated that ACC recently purchased land in the vicinity of he Cypress Creek Campus for the purpose of adding additional parking for students.  A lot for a utility easement owned by the Ranch at Cypress Creek Municipal Utility District No. 1. (MUD) stands between the current campus and the new property.  The proposed Municipal Utility District No. 1 agreement was substantially agreed to by both entity’s legal counsels.  Staff and Board counsel have negotiated a proposed agreement with the MUD.  In order to proceed with the acquisition, staff sought authorization to sign the documents if there are no substantial changes to the draft document.  Costs for the easement would be approximately $25,000 and would come from bond interest.  Trustees discussed possible changes.

 

Trustees Allen Kaplan moved and Rafael Quintanilla seconded that:

MOTION:  The Board of Trustees authorize staff to sign an easement document substantially as presented.

VOTE:  The motion passed on a vote of 7-0.

FOR:  John F. Hernandez, Allen H. Kaplan, James W. McGuffee, Barbara P. Mink, Rafael Quintanilla, Jeffrey Richard, and Veronica Rivera.

AGAINST:  None.

ABSENT:  Trustee Nan McRaven was absent for the vote.  Trustee Lillian J. Davis was absent from the meeting. 

 

**********

 

PERMANENT ACCESS EASEMENT

 

 

 

THE STATE OF TEXAS                                     §

                                                                                §

COUNTY OF WILLIAMSON                            §

 

 

GRANT OF PERMANENT EASEMENT:

 

THE RANCH AT CYPRESS CREEK MUNICIPAL UTILITY DISTRICT NO. 1, (“GRANTOR”), for $________ and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby GRANT, SELL and CONVEY unto AUSTIN COMMUNITY COLLEGE DISTRICT (“GRANTEE”) an irrevocable and permanent access easement and right of way (“Easement”) upon and across the property of GRANTOR which is more particularly described as follows:

 

A 0.182 acre (7,922 sq. ft.) tract of land being situated in the Richard Duty Survey, Abstract No. 183, Williamson County, Texas, being a portion of Lot 20, Block A, of the Ranch at Cypress Creek Section 2 Final Plat, a subdivision of record in Cabinet L, Slide 65, of the Plat Records Williamson County,. Texas, as shown on the accompanying sketch and being more particularly described by metes and bounds in the attached Exhibit A (the “Easement Property”).

 

PURPOSE OF EASEMENT:

 

The Easement Property may be used by GRANTEE for the purposes of ingress and egress to and from GRANTEE’S adjoining properties; constructing a storm water line that will convey storm water from GRANTOR’S existing storm water detention pond to the adjacent road right of way (the “Storm Water Line”); constructing, maintaining, and repairing a paved parking area and related landscaping (the “Parking Improvements”); and constructing, maintaining, and repairing underground water, data, and electric utility lines and related facilities (the “Facilities”) upon, over, under and across the Easement Property; provided, however, that such uses do not interfere with GRANTOR’S use of the property and the Storm Water Line for drainage purposes.

 

ADDITIONAL CONDITIONS:

 

This Easement is subject to the following additional terms and conditions:

 

1.             GRANTEE shall submit its construction plans and specifications for the Storm Water Line, the Parking Improvements, and the Facilities to GRANTOR for its review and approval prior to the commencement of construction on the Easement Property.  GRANTOR agrees not to unreasonably withhold, condition, or delay approval of such plans and specifications.

 

2.             GRANTOR shall have the right to inspect the construction of the Storm Water Line, the Parking Improvements, and the Facilities.  GRANTEE shall correct any construction deficiencies relative to the construction documents in the Storm Water Line, the Parking Improvements and/or the Facilities, identified by GRANTOR during its inspection.

 

3.             GRANTEE shall construct the Storm Water Line, the Parking Improvements, and the Facilities on the Easement Property and convey the Storm Water Line to GRANTOR upon inspection and acceptance by GRANTOR.  Such conveyance shall be made in accordance with the form attached hereto as Exhibit B.  Upon conveyance of the Storm Water Line to GRANTOR, GRANTEE shall be responsible for all maintenance and repair associated with the Parking Improvements and the Facilities, and GRANTOR shall be responsible for all maintenance and repair of the Storm Water Line.

 

                4.             GRANTEE shall at all times maintain the Easement Property, the Parking Improvements, and the Facilities in a clean and neat condition.

 

5.             GRANTOR is not liable for any loss, damage, or injury of any kind to any person or property arising from the installation, use, or operation of the Parking Improvements or the Facilities or the occupation, use, or condition of the Easement Property (or any part thereof), or caused by any defect in the Parking Improvements or the Facilities caused by or arising from any act or omission of GRANTEE, or any of its agents, employees, or invitees, or by or from any accident, fire, windstorm, or other casualty, or brought about by GRANTEE’S failure to maintain the Parking Improvements, the Facilities, and/or the Easement Property in a safe condition. 

 

6.             To the extent allowed by Texas law, GRANTEE shall indemnify and save harmless GRANTOR and its officers, agents, employees, successors, and assigns from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including without limiting the generality of the foregoing, all expenses of litigation, court costs, and attorney’s fees for injury or death of any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, the negligent or reckless acts or omissions or willful misconduct of GRANTEE or its officers, agents or employees, in connection with the installation, use, or operation of the Parking Improvements and/or the Facilities, the occupation, use, or condition of the Easement Property, or the execution or performance of this Easement.

 

DURATION OF EASEMENT:

 

                This Easement shall be permanent and irrevocable.

 

ENTIRE AGREEMENT:

 

This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed.  The terms of this Permanent Access Easement can be amended by the written agreement of the parties.  Any oral representations or modifications concerning this instrument will be of no force and effect.

 

BINDING EFFECT:

 

This Easement will bind and inure to the benefit of the parties hereto, and their respective successors and assigns.  GRANTOR does hereby bind itself and its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the said Easement unto GRANTEE, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof by, through or under GRANTOR. 

 

                In witness whereof, this instrument is executed after the last date of due execution by all Parties.

 

RANCH AT CYPRESS CREEK                                                                                                                                                                         

MUNICIPAL UTILITY DISTRICT NO. 1

By: ____________________________                                                                                                                                                       

Title: ___________________________                                                                                                                                                      

Date:____________________________                                                                                                                                    

 

 

AUSTIN COMMUNITY COLLEGE

By: __________________________

Title: _________________________

Date:_________________________

 

 

STATE OF TEXAS                              §

                                                                §

COUNTY OF WILLIAMSON            §

 

This instrument was acknowledged before me on the _____ day of ___________, 2007, by______________________, _______________________ of Ranch at Cypress Creek Municipal Utility District No. 1, on behalf of the said District.

 

                                                                                                                ___________________________________

                                                                                                                Notary Public, State of Texas  

                                                                                                                Printed Name:  ______________________

                                                                                                                My Commission expires:

 

STATE OF TEXAS                              §

                                                                §

COUNTY OF _____________         §

 

This instrument was acknowledged before me on the _____ day of ___________, 2007, by______________________, _______________________ of Austin Community College District, on behalf of the said College.

 

                                                                                                                ___________________________________

                                                                                                                Notary Public, State of Texas  

                                                                                                                Printed Name:  ______________________

                                                                                                                My Commission expires:

 


EXHIBIT A

DESCRIPTION OF EASEMENT PROPERTY

 

 

 


EXHIBIT B

 

STORM WATER LINE CONVEYANCE AGREEMENT BETWEEN THE RANCH AT CYPRESS CREEK MUNICIPAL UTILITY DISTRICT NO. 1 AND _________________.

This Agreement is made and entered into by and between The Ranch at Cypress Creek Municipal Utility District No. 1, a municipal utility district operating pursuant to Chapter 49 and 54, Texas Water Code (herein the “District”), and Austin Community College District (herein the “Seller”).

RECITALS

1.             The District furnishes retail water and/or sewer service to and is responsible for storm water drainage on the land within its boundaries.  Seller is presently developing land within the District, and, in connection therewith, Seller has acquired or caused to be constructed certain storm water facilities.

2.             Seller wishes to convey and the District wishes to take title to such facilities so that the District can provide for adequate storm water drainage within the District.

AGREEMENT

                For and in consideration of the premises and of the mutual obligations, covenants, and benefits hereinafter set forth, the District and Seller contract and agree as

follows:

                1.             Definitions.

                                (a)           Construction Contracts: Contracts pursuant to which the Facilities (defined below) were installed by the contractor.

(b)           Facilities:  All storm water facilities constructed by Seller pursuant to that certain Permanent Access Easement between the District and Seller dated ______________.

2.             Sale and Purchase.  Seller hereby sells, conveys, transfers, and delivers to the District all of the Facilities free and clear of all liens, claims, encumbrances, options, charges, assessments, reservations, or restrictions, except for the District’s maintenance and repair obligations set out in the Permanent Access Easement.  The Facilities being conveyed hereby are more completely described in the plans and specifications described in Section 5 herein, which are incorporated herein by reference.  This Agreement is intended to provide for the conveyance by the Seller to the District of the Facilities only, and does not constitute a conveyance of any of the easement rights obtained by the Seller under the Permanent Access Easement.

3.             Assignment.  Seller hereby assigns all of its rights under the Construction Contracts to the District and agrees to make provision for the transfer of any performance and payment bonds, and guarantees and warranties executed by the contractor and all other rights of Seller pursuant to the provisions of the Construction Contracts.

                4.             Representations by Seller.  Seller represents to the District that:

(a)           Title.  All Facilities of Seller covered by this Agreement are hereby conveyed to the District, free and clear of all liens, claims, encumbrances, options, charges, assessments, reservations, and restrictions created by Seller.

(b)           Possession.  Seller is in possession of the Facilities and to the best of its knowledge,  no objection to the location or use of the Facilities or adverse claims of title to the lands, easements, rights-of-way, licenses, permits, or leases on which the Facilities are situated is presently being asserted by any person or persons.

(c)           Legal Proceedings.  There are no actions, suits, or proceedings pending or, to the knowledge of Seller, threatened or affecting the Facilities to be sold hereunder and there are no pending condemnation proceedings of which Seller is aware connected with the Facilities or other properties to be conveyed hereunder.

(d)           Known Defects.  Seller represents and warrants that to the best of its knowledge, the Facilities are free of known defects, either legal or technical, that would prohibit the District’s use of the Facilities to be conveyed hereunder.

(e)           Authorization.  This Agreement, the transactions contemplated herein, and the execution and delivery of this Agreement have been duly authorized by Seller.

(f)            No Violation of Other Contracts.  This Agreement, and the warranties, representations, and covenants contained herein, and the consummation of the transactions contemplated herein will not violate or constitute a breach of any contract or other agreement to which Seller is a party.

(g)           “Record” or “As-Built” Drawings and Engineer’s Certificate.  Contemporaneously herewith Seller has provided the District with a complete set of “record or as-built” drawings, together with a certificate by a registered professional engineer that the Facilities were constructed as indicated on the drawings.

5.             Plans and Specifications. Seller warrants and represents that to the best of its knowledge, the Facilities are constructed in accordance with the plans and specifications previously approved by the District.

6.             Expenses.  Except as specifically set forth herein, each party shall pay its own expenses incident to carrying this Agreement into effect and consummating all transactions contemplated hereby.

7.             Further Assurances.  Seller agrees that from time to time and upon the request of the District, Seller will execute and deliver such other instruments of conveyance and transfer and take such other action as may be reasonably required to more effectively convey, transfer to, and vest in the District and to put the District in possession of all of the Facilities conveyed, transferred, and delivered hereunder, and, in the case of contracts and rights, if any, which cannot be transferred effectively without the consent of other parties, to obtain such consents and take such other action as may be reasonably necessary to assure to the District the rights and benefits thereof.

8.             Representations Survive Conveyance.  The agreements and representations made by the parties to this Agreement shall survive the conveyance of the Facilities.

9.             Indemnification.  TO THE EXTENT IT IS PERMITTED TO DO SO BY APPLICABLE LAW, SELLER HEREBY INDEMNIFIES AND HOLDS HARMLESS THE DISTRICT FROM AND AGAINST ANY AND ALL LIENS, AND CLAIMS FOR PAYMENT BY CONTRACTORS, SUBCONTRACTORS AND SUPPLIERS, ARISING PRIOR TO THE CONVEYANCE OF THE FACILITIES FROM SELLER TO THE DISTRICT IN CONNECTION WITH THE CONSTRUCTION OF THE FACILITIES BY SELLER.

10.           Miscellaneous.  This Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas and can be changed or terminated only by an agreement in writing signed by the parties hereto.  This Agreement and the Permanent Access Easement embody the entire understanding between the parties as to the subject matter thereof, and there are no prior effective representations, warranties, or agreements between the parties with regard to the subject matter thereof.

                WITNESS the execution of this Agreement in multiple counterparts, each of equal dignity, as of the ____ day of __________________, 200__.

 

                                                                                                THE RANCH AT CYPRESS CREEK                                                                                                                                                                                                                                 MUNICIPAL UTILITY DISTRICT NO. 1

 

 

                                                                                                By:                                                                                         

                                                                                                      Max Moss, President

                                                                                                      Board of Directors

 

ATTEST:

 

 

___________________________________

Secretary, Board of Directors

 

[DISTRICT SEAL]


 

AUSTIN COMMUNITY COLLEGE DISTRICT              

 

                                                                                                By:  ____________________                                        

                                                                                               

                                                                                                Title:____________________

                                               

                                               

 

THE STATE OF TEXAS                     §

                                                                §

COUNTY OF WILLIAMSON            §

 

This instrument was acknowledged before me on the ____ day of ____________, 200___, by Max Moss, President of the Board of Directors of The Ranch at Cypress Creek Municipal Utility District No. 1, on behalf of said District.

 

 

                                                                                                                _______________________________                                                                                                                                        Notary Public Signature

(Seal)

 

 

 

 

THE STATE OF TEXAS                     §

                                                                §

COUNTY OF ______________       §

 

This instrument was acknowledged before me on the ____ day of ___________, 200___, by __________________, _________________ of ____________________Austin Community College District, a political subdivision of the State of Texas, on behalf of said Community College District.

 

 

                                                                                                                                                                                               

                                                                                                                _______________________________

Notary Public Signature

 

(Seal)


 

AFFIDAVIT AS TO NO LIENS

 

 

STATE OF TEXAS                                              §

                                                                                §

COUNTY OF WILLIAMSON            §

 

 

                BEFORE ME, the undersigned authority, on this day personally appeared ________________, who, being by me first duly sworn, upon his oath says:

He is the ____________________________of AUSTIN COMMUNITY COLLEGE DISTRICT, which is this day conveying to THE RANCH AT CYPRESS CREEK MUNICIPAL UTILITY DISTRICT NO. 1 all of said ___________________’s right, title, and interest in and to certain storm water facilities and improvements constructed to serve the property located within the District.

Said facilities and improvements are free and unencumbered, the contractors and subcontractors which installed same have been paid in full therefore, and there are no liens of any nature whatsoever against said facilities.

                                                                                               

                                                                                                AUSTIN COMMUNITY COLLEGE DISTRICT

 

                                                                                                               

By: _____________________________________                                                                  

 

                                                                                                                               

 

                SUBSCRIBED AND SWORN TO BEFORE ME, this ____ day of ______________, 200___.

 

________________________________________                                                                                                  

Notary Public in and for

                                                                                                The State of Texas

 

                                                                                                                                                                                               

(Seal)

 

 

**********

 

Agenda Item 8332

Proposed Approval of Revisions to Board Policy F-10,

Employee Compensation

Chair Hernandez introduced the item and Ms Gerry Tucker, Associate Vice President, Human Resources, called attention to proposed revisions to Board Policy F-10, Employee Compensation.

Trustees discussed the proposed revisions and Ms. Tucker responded to questions from Trustees.

 

Trustees Rafael Quintanilla moved and Jeffrey Richard seconded:

MOTION:  That the Board of Trustees approve the proposed revisions to Board Policy F-10, Employee Compensation.

VOTE:  The motion passed on a vote of 8-0.

FOR:  John F. Hernandez, Allen H. Kaplan, James W. McGuffee, Nan McRaven, Barbara P. Mink, Rafael Quintanilla, Jeffrey Richard, and Veronica Rivera.

AGAINST:  None.

ABSENT:  Trustee Lillian J. Davis.

 

**********

F-10. EMPLOYEE COMPENSATION                                                                         

Value Statements:

·         Market competitive compensation for all employees is critical in attracting and retaining a quality workforce.

 

·         Compensation market surveys will be used by the College to ensure competitive salaries and internal  equity.

Principles:

ACC intends to (1) attract and retain a workforce with sustained high effectiveness in meeting student needs, (2) act as an ethical and responsible employer, (3) [develop and maintain a fair and competitive salary] structure and (4) make efficient use of student and public funds for compensation administration.

A compensation administration plan will be developed as a means of managing payroll costs and salary expenditures and shall be included in the annual proposed operating budget developed by the College administration.   The President shall accordingly, consistent with fiscal constraints and meeting the College's multiple needs, develop plans and proposals to meet the following goals:

[1] Ensure an adequate staffing level to meet the mission and goals of the College by employing regular staff and minimizing reliance on part-time, temporary or hourly employees.

[2] Maintain a compensation program of competitive salaries and benefits that ensures fair pay for the employees’ contributions to the College mission, with no employee paid less than the community-accepted level of a "living wage".

[3] All compensation survey data will be shared with the appropriate employee group.  The administration will seek to reach consensus with the employee group on the compensation plan that is included in the proposed operating budget.

[4] For employee categories, compensation shall, on the average, be market competitive:

·         For non-faculty employees (classified, professional-technical and administrators), the relevant competitive market shall be the non-faculty classifications of Texas metropolitan community colleges and similar positions in the local area.

Each year the pay ranges will be compared to current market rates.  The administration will establish priorities for salary range and/or salary adjustments as needed for salary alignment within the pay grades.  Any proposed range or salary adjustments will be included in the proposed budget submitted to the Board.

 

The administration will obtain non-faculty survey information from the College and University Personnel Association (CUPA), the Austin Area Pay and Benefits Survey and other relevant surveys to be included in the market survey results.

 

The non-faculty employees’ compensation survey shall be conducted every two years.  In the alternate years, non-faculty employees’ pay scale shall be adjusted to reflect at least the cost-of-living adjustment as approved by the Board.  The adjustments shall be included in the proposed operating budget.

 

·         For full-time faculty positions, the relevant market shall be full-time faculty with equivalent experience and education at the Texas metropolitan community colleges.

 

The Texas Community College Teachers Association Full-Time Faculty Survey shall be used to determine market salaries. The methodology to determine market competitive salaries shall be the comparison of each college’s average salaries of actual salaries paid to full-time faculty assuming a nine-month contract.  The lowest and highest actual salaries for bachelor’s, master’s, MA+24, MA+48 and Ph.D. levels shall be compared for each level.   Based upon analysis of the survey data, the compensation of full-time faculty shall be established in the top three of the Texas metropolitan community colleges.

 

The administration will obtain actual faculty salaries from the Texas metropolitan community colleges.  The administration will also obtain the faculty surveys of the American Association of University Professors (AAUP) and the College and University Personnel Association (CUPA) to validate the Texas Community College Teachers Association Full-Time Faculty Survey data.

 

·         For adjunct faculty the relevant comparison markets shall be the part-time faculty at the Austin metropolitan area institutions of higher education.

 

The methodology shall be to compare the college’s average salary of actual salaries paid to part-time faculty teaching the lower-division classroom sections.  The average ACC compensation shall be the average of the middle half of the distribution. The administration may make reasonable estimates where needed to supplement the published data.

 

The adjunct faculty compensation survey shall be conducted every two years.  In the alternative years, the adjunct faculty pay scale shall be adjusted to reflect at least the cost-of-living adjustment or adjustment as approved by the Board.  The adjustments shall be included in the proposed operating budget.

[5] Adjust pay scales annually to reflect cost-of-living changes (including inflation), with cost-of-living adjustments usually applied on the same basis to all pay scales.

[6]  As part of the annual operating budget process, the proposed budget shall reflect the pay scales that reflect the above principles and include projections for cost-of-living adjustments, market adjustments, changes in staffing levels and identify any major changes in compensation administration that impact the budget.  Board approval of pay scales and rules shall be based primarily on the extent to which the President's recommendation is consistent with the provisions of Board policy and planning directives.

[7] Compensation rates and proposed changes in them are to be publicly announced and shall normally be implemented as part of the budget process. Compensation changes at other times shall be made only in cases of documented urgent need approved by the President, after informing the employee associations and considering their comments. Changes require specific Board approval if the action increases a person's compensation rate by 10% or more or if the cumulative unapproved changes to the budget during the year would exceed $10,000/month.

[8] When a budget falls short of meeting the goals of this policy, the budget shall allocate between 4% and 6% of projected annual revenues for market level adjustments, cost of living increases, experience adjustments, stipends, and awards.

[9]An appropriate relationship shall be maintained between the compensation packages of executives and senior administrators and the compensation for other classes of employees. Any compensation increase in excess of the average percentage increase for other employees for an employee serving as a College administrative officer requires specific Board approval.

[10] Under extraordinary circumstances, the President may propose a budget which falls short of meeting the goals of this policy.  While revenues and expenditures may fluctuate annually, the President shall strive to allocate sufficient funds for market-level adjustments and cost-of-living increases.

 

**********

 

Since data was not available for the adjunct faculty, Trustees expressed support for the adjunct faculty portion of this policy (only lines 84-96 on pages 18-19 of the agenda item) to be reviewed in June 2008. 

Agenda Item 8333

Renewal of Lockhart ISD Interlocal Agreement – Career and Technical Education Program

Chair Hernandez introduced the item and Dr. Mary Hensley, Vice President, College Support System and ISD Relations.  Dr. Hensley stated the proposed renewal of this Interlocal Agreement would be the third renewal.  She provided information regarding the renewal and stated that the only change was in the dates. 

Trustees Jeffrey Richard moved and Nan McRaven seconded that:

MOTION:  That the Board of Trustees approve the Renewal of an Interlocal Agreement between Austin Community College District (ACC) and the Lockhart Independent School District (LISD) to continue operation of the school district’s Career and Technical Education Program for FY08.

VOTE:  The motion passed on a vote of 8-0.

FOR:  John Hernandez, Allen H. Kaplan, James W. McGuffee, Nan McRaven, Barbara Mink, Rafael Quintanilla, Jeffrey Richard, and Veronica Rivera.

AGAINST:  None.

 

***********

 

 

INTERLOCAL AGREEMENT

FOR

MANAGEMENT OF CAREER AND TECHNICAL EDUCATION PROGRAMS

 

September 1, 2007 – August 31, 2008

 

                This Agreement (“Agreement”) is an interlocal agreement entered into pursuant to the Texas Interlocal Cooperation Act, Texas Government Code, Chapter 791, and is entered into to be effective September 1, 2007, between the Austin Community College District (“ACC”) and the Lockhart Independent School District (“LISD”).

 

RECITALS

 

WHEREAS:

 

(1)      Texas Education Code § 130.086 permits the board of trustees of a junior college district to establish and operate branch campuses, centers, or extension facilities within the service area and to enter cooperative agreements with independent school districts to offer programs; and

(2)      Texas Education Code §11.151 grants public school trustees with general authority to govern and oversee the management of the public schools of the district; and to implement appropriate educational programs for students in the school district;

(3)      Texas Government Code, § 791.011 permits local governments to enter contracts to provide a governmental function or service that each party to the contract is authorized to perform individually and

(4)      Pursuant to such authorities and duties, the Parties desire ACC to organize and manage the Career and Technical Education Programs delivered by LISD to LISD students;

 

NOW THEREFORE, by this Agreement it is mutually understood and agreed by the parties as follows:

 

SECTION ONE: 

 

ACC shall organize and manage the Career and Technical Education Programs delivered by LISD to LISD students.  ACC shall provide such support, consultation and/or training as shall be necessary for LISD to offer effectively Career and Technical Education as further set out in Attachment B.  LISD agrees to provide office space and staff as further set out in Attachment B.

 

SECTION TWO:  TERM AND TERMINATION

 

The initial term of this Agreement shall be one (1) year from September 1, 2007 through August 31, 2008.  This Agreement may be extended for additional terms of one year upon the mutual consent of the Parties evidence by an extension agreement entered into not later than thirty (30) days prior to the termination of this Agreement. At the end of a term, either Party may initiate a review process of this Agreement to renegotiate any of the provisions.

 

Any provision of the preceding paragraph notwithstanding, either party may terminate this Agreement prior to the expiration of the term hereof for good cause, or by written mutual agreement of the Parties. 

 

SECTION THREE: PAYMENT

 

The total amount of this Agreement shall not exceed $24,500.00 (Twenty-four thousand, five hundred dollars).

 

Payment for services performed shall be billed in one lump sum.                   

 

Payment received by ACC shall be credited to its current appropriation item(s) or account(s) from which the expenditures of that character were originally made.

 

SECTION FOUR: CERTIFICATIONS

 

The undersigned Contracting Parties do hereby certify that each is authorized to perform the services required by this Agreement and that such services further a governmental function of Receiving Agency. 

 

SECTION FIVE: MISCELLANEOUS

 

Throughout the term of this Agreement, ACC agrees to establish and maintain detailed records regarding the administration and operation of the Career and Technical Education Programs.

 

Except where oral notice is specifically allowed or required under this Agreement, any notice provided hereunder by any party to the other shall be in writing and may be either (1) delivered by hand to the party or the party’s designated agent; (2) deposited in the United States mail, postage paid; (3) transmitted by telecopy; or (4) delivered by a reputable courier service, to the following address or telecopy number:

 

Austin Community College District                                  Lockhart Independent School District

Dr. Stephen B. Kinslow, President                                    Dr. John Hall, Superintendent

Highland Business Center                                                  Administration Building

5930 Middle Fiskville Road                                                105 S. Colorado Street

Austin, TX 78752                                                                 Lockhart, TX 78644

512-223-7598                                                                         512-398-0024

512-223-7158                                                                         512-398-0048 (fax)

                                                               

Any Party may designate a different agent or address for notice purposes by giving the other Party ten (10) days written notice in the manner provided above.

 

This Agreement may by supplemented or amended under terms and conditions mutually agreeable to the Parties, provided that all such changes, amendments, supplements or modification shall be in writing.

 

This Agreement contains the entire agreement of the Parties hereto with respect to the matters covered by its terms and it may not be modified in any manner without the express written consent of the Parties. 

 

If any term(s) or provision(s) of this Agreement are held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect and shall in no way be effected, impaired or invalidated, unless such holding causes the obligations of the Parties hereto to be impossible to perform or shall render the terms of this Agreement to be inconsistent with the intent of the Parties hereto.

 

No assignment of this Agreement or of any duty or obligation of performance hereunder shall be made in whole or in part by any Party hereto without the prior written consent of the other Party hereto.

 

No waiver of a breach of any provision of this Agreement shall be construed to be a waiver of any breach of any other provision.  No delay in acting with regard to any breach of any provision shall be construed to be a waiver of such breach.

 

No party to this Agreement waives or relinquishes any immunity or defense on behalf of themselves, their trustees, officers, employees and agents as a result of its execution of this Agreement and performance of the functions and obligations described herein.

 

The Parties to this Agreement expressly acknowledge and agree that all monies paid pursuant to this Agreement shall be paid from budgeted available funds for the then current fiscal year of LISD.

 

The meetings at which this Agreement was approved by the Parties’ governing boards were posted and held in accordance with the Texas Open Meeting Act, Texas Government Code §551.001, et seq.

 

IN WITNESS THEREOF, the undersigned Parties acting under the authority of their respective governing boards have caused this Agreement to be duly executed in multiple counterparts, each of which shall constitute an original.

 

 

 

APPROVED:

 

 

______________________________

John Hernandez, President, Board of Trustees

Austin Community College

Date:  __________________________

 

 

APPROVED:

 

 

______________________________

Gary Allen, President, Board of Trustees

Lockhart Independent School District

Date:  __________________________

 

**********

 

Executive Session

There was no Executive Session.

 

Announcements

There were no announcements.

 

Adjournment

Having no motion before the Board, the June 18, 2007, Special Meeting of the Austin Community College District Board of Trustees was adjourned at 6:30 p.m.

 

Approved By          

Dr. James W. McGuffee, Board Secretary