Board of Trustees Meeting August 3, 2009€¦ · Trelleborg CRP, Inc. $1,750 Scholarships In/Out...

Board of Trustees Meeting

August 3, 2009

July 31, 2009

NOTICE OF MEETING BOARD OF TRUSTEES

SAN JACINTO COMMUNITY COLLEGE DISTRICT

The Finance Committee of the Board of Trustees of the San Jacinto Community College District will meet at 4 p.m., on Monday, August 3, 2009, in Room 201 of the Thomas S. Sewell District Administration Building, 4624 Fairmont Parkway, Pasadena, Texas, for a Finance Committee Meeting.

FINANCE COMMITTEE

AGENDA

I. Consideration of Revisions to the Investment Policy of the College – 2nd Reading

II. Consideration of Policy V-B – Purchasing Policy – 2nd Reading

III. Implementation of Ethics Reporting Hotline

IV. Consideration of Policy VI-DD – Ethics – 1st Reading

V. Consideration of Policy VI-EE – Fraud – 1st Reading

VI. Consideration of Policy VI-FF – Retaliation – 1st Reading

VII. 2009-2010 Budget

VIII. 2009 Preliminary Property Tax Rate

Certificate as to Posting or Giving of Notice On this day, July 31, 2009, this notice was posted on a bulletin board located at a place convenient to the public in the central administrative office of the San Jacinto College District, 4624 Fairmont Parkway, Pasadena, Texas, on all college campuses, the SJC web and was readily accessible to the public at all times. _________________________________________ Brenda Hellyer, Ed.D.

July 31, 2009



The Board of Trustees of the San Jacinto College Community District will meet at 5:00 p.m., Monday, August 3, 2009, in Room 201 of the Thomas S. Sewell District Administration Building, 4624 Fairmont Parkway, Pasadena, Texas.

BOARD WORKSHOP AGENDA

I. Budget 2009 - 2010

II. Annual Priorities 2009 - 2010

Dinner - 6:15 p.m.

III. Dissertation Request

IV. General Discussion

Certification as to Posting or Giving of Notice On this day, July 31, 2009 this notice was posted on a bulletin board located at a place convenient to the public in the central administrative office of the San Jacinto College District, 4624 Fairmont Parkway, Pasadena, Texas, on all college campuses, the SJC web and was readily accessible to the public at all times. _____________________________________________ Brenda Hellyer, Ed.D.

July 31, 2009



The Board of Trustees of the San Jacinto College Community District will meet at 7:00 p.m., Monday, August 3, 2009, in Room 104 of the Thomas S. Sewell District Administration Building, 4624 Fairmont Parkway, Pasadena, Texas.

PUBLIC BUDGET HEARING Adjourn to regular meeting

BOARD MEETING

AGENDA

I. Call the meeting to order/certify posting notice

II. Invocation and Pledge to the Flag

III. Special Announcements, Recognitions, and Presentations

Presentation of AEOP 2009 Annual Report Sherry Grey

Sandi Morgan - Artist of the Year Award Dr. Neil Matkin

Robot Extravaganza, July 13th – August 7th Dr. Neil Matkin

IV. Institutional Outcomes Report

V. Achieving the Dream Student Success Presentation

The Science Building as a Learning Environment Dr. Catherine O’Brien

VI. Communications to the Board of Trustees

VII. Hearing of such citizens or groups of citizens desiring to be heard before the Board

Informative reports to the Board A. Resource Development Report on Gifts and Grants B. Financial Statement and Current Expenditures

ACTION ITEMS

VIII. Approval of Board Committees:

Building Committee and Finance Committee

IX. Consideration of Revisions to the Investment Policy of the College – 2nd Rea

X. Considera

ding

tion of Policy V-B – Purchasing Policy – 2nd Reading st Reading

of the 2009 – 2010 Budget

s Academic Decathlon

XI. Consideration of New Policies on Ethics, Fraud, and Retaliation – 1

XII. Consideration of Policy for Filming and Photography on Campus – 1st Reading

XIII. Approval of 2009 – 2010 Annual Priorities

XIV. Approval

XV. Consideration of Budget Amendment for Texa

/Board Agenda/August 3, 2009

PURCHASING REQUESTS

XVI. Consideration of Construction Related Requests

nstruction Requests XVII. Consideration of Non-Co

CONSENT AGENDA (Any item placed on the consent agenda shall be removed and taken up as a separate matter, if so requested by any member of the Board, otherwise all items will be voted on

rsonnel Recommendations

ents

d) ms ill be considered at this time)

XVIII.

XIX.

at any time prior to adjournment, in accordance with Sections 551.001, et

with one (1) motion.) A. Approval of the Minutes for July 6, 2009 Workshop and Regular Board

Meeting

B. Approval of the Budget Transfers

C. Approval of Pe

D. Approval of the Affiliation Agreem

E. Next Regularly Scheduled Meeting

Items for Discussion/Possible Action (continue(Ite removed from the Consent Agenda, wReports from the Board Committees (when applicable)

Strategic Issues Discussion

Adjournment

The Board of Trustees may seq. of the Texas Government Code move into Closed Session under the following provision(s) of the

CT:

n 551.073 – Deliberation Regarding Prospective Gifts

es

A Section 551.071 – Consultation with Attorney Section 551.072 – Deliberation Regarding Real Property

ectioSSection 551.074 – Personnel Matters Section 551.076 – Deliberation Regarding Security DevicSection 551.086 – Economic Development Negotiations Certification as to Posting or Giving of Notice

n this day, July 31, 2009 this notice was posted on a bulletin board located at a place convenient to Othe public in the central administrative office of the San Jacinto College District, 4624 Fairmont

uses, the SJC web and was readily accessible to the

Parkway, Pasadena, Texas, on all college camppublic at all times. _____________________________________________

renda Hellyer, Ed.D.B

San Jacinto College Foundation

Statement of Financial Position

As of June 30, 2009

ASSETS

Current Assets

Checking/Savings

General Fund 1,086,972$

Other Funds -

Total Checking/Savings 1,086,972

Accounts Receivable

Scholarship Receivables 4,000

Special Events Receivables 20,125

Allowance (3,428)

Discounts (199)

Total Accounts Receivable 20,498

Other Current Assets

CGM Funds 616,455

Franklin Templeton Investments 1,649,321

ING Funds 290,379

Paydenfunds 1,524,615

Total Other Current Assets 4,080,770

Total Current Assets 5,188,240

TOTAL ASSETS 5,188,240$

LIABILITIES & EQUITY

Liabilities

Current Liabilities

Accounts Payable

Event Payable 1,500$

Grants Payable 936

Programs Payable 10,712

Scholarships Payable 301,638

Total Accounts Payable 314,786

Total Current Liabilities 314,786

Total Liabilities 314,786

Equity

Net Assets 5,035,790

Net Income (162,336)

Total Equity 4,873,454

TOTAL LIABILITIES & EQUITY 5,188,240$

San Jacinto College Foundation

Statement of Activities

For The Period July 1 to June 30

2009 2008 $ Change

Ordinary Income/Expense

Income

Contributions 1,611,231$ 2,300,801$ (689,570)$

Total Income 1,611,231 2,300,801 (689,570)

Expense

Grants Awarded 25,134 63,356 (38,222)

Innovative Initiatives 64,130 63,817 313

Programs Sponsored 54,342 19,687 34,655

Scholarships Awarded 958,846 921,072 37,774

Total Expense 1,102,452 1,067,932 34,520

Net Ordinary Income 508,779 1,232,869 (724,090)

Other Income/Expense

Other Income

Donation Income 10,552 - 10,552

Fundraising Events 106,803 192,781 (85,978)

Investment Income 119,733 231,416 (111,683)

Realized Gain (Loss) 180,000 - 180,000

Unrealized Gain (Loss) (615,979) (370,802) (245,177)

Total Other Income (198,891) 53,395 (252,286)

Other Expense

Bad Debt 3,782 - 3,782

Foundation Expenses 23,645 57,883 (34,238)

Management Expense 442,547 534,066 (91,519)

Sponsorship Expenses 2,250 6,625 (4,375)

Suspense - - -

Total Other Expense 472,224 598,574 (126,350)

Net Other Income (671,115) (545,179) (125,936)

Net Income (162,336)$ 687,690$ (850,026)$

Contributions Over $1000

Donor Amount Fund

Aramco Services Company $5,762 Scholarships In/Out

Centerpoint Energy $3,000 Energy Venture

Community Hospital Foundation $5,000 Unrestricted

Crosby ISD $1,500 Scholarships In/Out

Emerson Process Management $1,000 Central Campus Instrumentation Dept.

Enterprise Jet Center $1,025 Scholarships In/Out

Greater Houston Transportation $1,500 Scholarships In/Out

Houston Endowment Inc. $2,000 Scholarships In/Out

LaPorte ISD $9,833 Scholarships In/Out

Pasadena Masonic Lodge $2,000 Scholarships In/Out

Pasadena South Rotary Club $5,000 Scholarships In/Out

San Jacinto Day Foundation $7,500 Scholarships In/Out

Shell Oil Company $28,300 Energy Venture

Trelleborg CRP, Inc. $1,750 Scholarships In/Out

Dow Chemical Company $4,000 2009 Monopoly

Buffalo Marine Service $2,000 2009 Bill Bailey Gumbo Gala

Employee Contributions

Rusty and Brenda Hellyer $3,075 2008 Golf Tournament

Various $150 2009 Evening of Monopoly

Various $125 Bill and Jackie Lindemann Scholarship

June 1, 2009 - June 30, 2009

Action Item “VIII” Regular Board Meeting August 3, 2009

Approval of Board Committees ADMINISTRATION RECOMMENDATION/REPORT The Chancellor recommends that the Board of Trustees approve two board committees: Building Committee and Finance Committee; and accordingly, recommends the appointment of Trustees to serve on each committee. BACKGROUND While the Board of Trustees of San Jacinto College District functions as a board of the whole, standing committees have been established in the past. Such committees are utilized for ongoing major activities and provide an opportunity for full use of the board members’ time, commitment and expertise. Such committees review recommendations for approval by the entire Board, and they do not supplant the responsibility of the full Board of Trustees. IMPACT OF THIS ACTION The purpose of the Building Committee is to review facility needs and repairs and monitor construction and renovation projects. The purpose of the Finance Committee is to review and monitor financial, budgetary, and investment reports, propose fiscal policy, and review internal audit reports. Membership of each committee is as follows: Building Committee – Trustee Dan Mims, Trustee Wayne Slovacek, and Trustee Larry Wilson Finance Committee – Trustee Marie Flickinger, Trustee Ben Meador, Trustee John Moon, Jr., and Trustee Ruede Wheeler It is anticipated that each committee will meet monthly. All meetings will be posted according the Open Meetings Act which will allows Trustees to attend meetings of each committee. BUDGET INFORMATION (INCLUDING ANY STAFFING IMPLICATIONS) None MONITORING AND REPORTING TIMELINE Anticipated monthly meetings and minutes ATTACHMENTS None RESOURCE PERSONNEL Brenda Hellyer 281-998-6100 [email protected]

mailto:[email protected]

Action Item “IX“ Regular Board Meeting August 3, 2009

Consideration of Revisions to the Investment Policy of the College – 2nd Reading ADMINISTRATION RECOMMENDATION/REPORT The Chancellor recommends that the Board of Trustees approve the attached revisions to the Investment Policy of the College. BACKGROUND The Investment Policy of the College requires that the Board of Trustees, at least annually, review and approve the Investment Policy of the College required by Texas Government Code 2256. At the regular meeting of the Board on February 4, 2008 the College retained Patterson & Associates to act as investment advisors to the College. In their capacity as investment advisors, Patterson & Associates is required to review the College’s existing Investment Policy and make recommended changes for the Board’s consideration. The recommended policy revisions are the result of Patterson & Associates’ review. IMPACT OF THIS ACTION Significant changes recommended by Patterson & Associates are to:

• Add mortgage backed securities with a stated maturity of ten years or less as an authorized investment for bond, construction or bond reserve funds;

• Add negotiable certificates of deposit as an authorized investment; • Add obligations of state, agencies, counties, cities or other political subdivisions rated

A or better by a nationally recognized rating agency as an authorized investment; • Add corporate bonds, debentures or similar debt obligations with maturities of less

than 3 years as an authorized investment.

Please see the text of the policy for the exact wording of their recommendations.

Approval of the recommended changes will refine the College policy to allow Patterson & Associates to make investment recommendations to the College that, in its professional judgment, are appropriate for the College in the current economic circumstances. BUDGET INFORMATION (INCLUDING ANY STAFFING IMPLICATIONS) Adoption of the recommended policy changes does not have budget or staffing implications MONITORING AND REPORTING TIMELINE None ATTACHMENTS Attachment 1 – Investment Policy Revisions RESOURCE PERSONNEL Ken Lynn 281.998.6306 [email protected]


Attachment 1 – Investment Policy Revisions

SAN JACINTO COLLEGE DISTRICT

INVESTMENT POLICY AND STRATEGY GENERAL STATEMENT It is the policy of the San Jacinto College District (the “College”) to invest its public funds in a manner which will provide the highest reasonable investment return with the maximum security while meeting the daily cash flow requirements of the College and conforming to all state and federal statutes governing the investment of public funds. The primary state statute controlling the investment of public funds is the Public Funds Investment Act (Texas Government Code, Chapter 2256, the “Act”.) The Board of Trustees of San Jacinto College will review and adopt the College's Investment Policy and investment strategies not less than annually in accordance with the Act. SCOPE This Investment Policy applies to all assets and investment activity of the San Jacinto College District including restricted and unrestricted funds. These funds are accounted for in the College's annual financial report. OBJECTIVES The primary objectives, in priority order, of the College's investment activities shall be: SAFETY: Safety of principal is the foremost objective of the investment program. Investments of the College shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. Use of high-credit quality securities in a laddered portfolio structure will assist in minimizing credit risk. LIQUIDITY: The College's investment portfolio will remain sufficiently liquid to enable the College to meet all operating requirements which can be reasonably anticipated. Cash flow projections will be used to monitor changing needs. DIVERSIFICATION: It will be the objective of the College to create diversification in all portfolios to minimize credit and market risks. Diversification will be addressed in terms of maturity as well as security type and issuer. It will be the policy of the College to diversify its portfolios to manage market risk resulting from over concentration of assets in a specific maturity, a specific issuer or a specific class of investment instruments. YIELD: It will be the objective of the College to earn a reasonable market yield within the restrictions imposed by the Policy’s safety and liquidity requirements, investment strategies, and state and federal laws governing investment of public funds. The investment portfolio shall be designed with the objective of meeting and exceeding the yield of comparable benchmark securities chosen to be commensurate with the College's investment risk constraints and the cash flow characteristics. The College will utilize the six-month Treasury Bill and one-year Treasury Note as benchmarks for the portfolios’ performance and risk level.


STRATEGY The general investment strategy of the College is based on its objectives of (a) safety of principal, (b) liquidity, (c) diversification, and (d) reasonable yield. The strategies created for individual funds are all designed to address:

1. The suitability of the authorized investments to the financial and cash flow requirement of the College.

2. The need for preservation and safety of principal. 3. The need for a measured liquidity to meet the College’s cash flow requirements. 4. The marketability of every investment if the need arises to liquidate that investment before

maturity. 5. Diversification of the investment portfolio to limit market and credit risks. 6. The recognition of reasonable yield to be used for the needs of the College.

The College maintains four separate portfolios representing the four major fund groups of the College. Each portfolio is guided by individual investment strategy considerations addressing the unique characteristics of its fund group. A. Operating Funds and Commingled Pools Containing Operating Funds Investment strategies for operating funds and commingled pools containing operating funds have as

their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. This objective may be accomplished by purchasing high credit quality, short to medium-term securities, which form a laddered maturity structure and provide for a suitable liquidity buffer for unanticipated expenses. A maximum dollar weighted average maturity (WAM) of 365 days will be maintained in these funds and the WAM will be calculated using the stated final maturity date of each security.

B. Debt Service Funds Investment strategies for debt service funds shall have as the primary objective the assurance of

investment liquidity adequate to cover the debt service obligation on the required payment date. The next debt service date must always be funded before funding subsequent payments. .The maximum weighted average maturity (WAM) of such portfolios will not exceed six months reflecting the semi-annual debt payment schedules of the College.

C. Debt Service Reserve Funds Investment strategies for debt service reserve funds shall have as the primary objective ability to

generate a dependable revenue stream to the appropriate debt service fund from securities with a low degree of volatility. Bond documents and ordinances specific to an individual issue shall be considered in the investments. Securities should be of high credit quality with short to intermediate term maturities. Volatility shall be managed with relatively short and intermediate securities.

D. Bond Funds, Construction, Special Projects or Special Purpose Funds

Investment strategies for construction, special projects or special purpose fund portfolios will have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. These portfolios should include at least 10% in highly liquid securities to allow for flexibility and unanticipated project outlays. The College will attempt to match its issue costs of bonds (avoid negative arbitrage) without incurring major rebate payables. The stated final maturity dates of securities held should not exceed the estimated project completion date and the maximum weighted average maturity will be guided by anticipated expenditure plans.


STANDARD OF CARE – PRUDENT PERSON STANDARD Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of capital as well as income to be derived. Investment of funds shall be governed by the following investment objectives, in order of priority: preservation and safety of principal, liquidity, diversification, and yield. This standard of prudence is to be used by all Investment Officers and shall be applied in the context of managing the overall portfolio. Investment officers acting in accordance with written procedures and this Investment Policy and exercising due diligence shall be relieved of personal liability for an individual security’s credit or market price fluctuations provided that deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. INVESTMENT TRAINING It will be the College's policy to provide training as required by the Act. The Texas Higher Education Coordinating Board will provide training for Board members to be conducted within six months of assuming office. The treasurer, the chief financial officer (if the treasurer is not the chief financial officer), and any designated Investment Officer shall attend ten hours of investment training within twelve months of assuming their duties and ten hours every subsequent two years. The investment training shall be provided by an independent source. For purposes of this Policy, an “independent source” from which investment training shall be obtained shall include a professional organization, an institute of higher learning or any other sponsor other than a business organization with whom the Board of Trustees engage in an investment purchase or sale. DELEGATION OF AUTHORITY AND RESPONSIBILTIES In accordance with the Act, the Board of Trustees delegates, by resolution, management responsibility for the investment program through the Chancellor to the Vice Chancellor of Fiscal Affairs. In the absence of the Vice Chancellor of Fiscal Affairs, with the approval and direction of the Chancellor, the Director of Accounting and Financial Services will perform daily investment transactions. Board of Trustees The Board is responsible for reviewing and adopting the Investment Policy on no less than an annual basis. The Board is responsible for designating Investment Officer(s) or an Investment Adviser responsible for the management of the portfolio(s). The Board may designate an investment committee to review reports and approve counterparties but the Board must receive and review quarterly investment reports. The Board retains ultimate fiduciary responsibility for all funds. Investment Committee The Board Budget and Audit Committee will act as the College’s Investment Committee. The Investment Committee shall meet at least quarterly to receive and review quarterly investment reports and monitor investment results. The Investment Committee shall include in its deliberation such topics as: economic outlook, portfolio diversification, maturity structure, risk levels, and performance. The Investment Committee will, on no less than an annual basis, review and adopt the list of authorized broker/dealers for the Board.


Investment Officer(s) The Investment Officer(s) shall monitor and maintain all controls and procedures of the investment process as designated by this Policy. The Officer(s) shall obtain training and shall establish written procedures and controls consistent with this Investment Policy. Such procedures shall include delegation of authority to individual employees responsible for investment transactions and documentation of investment transactions and holdings. The Investment Officer(s) shall prepare all required reports and maintain broker/dealer files as required. All Investment Officers will strictly adhere to the standard of care and conditions prescribed in this Policy. All participants in the investment process shall seek to act responsibly as custodians of the public trust. Investment Officers will avoid any transaction that might impair public confidence in the College. The investment program shall be designed and managed with a degree of professionalism which is worthy of that public trust. All Investment Officers shall be familiar with this Policy and its underlying procedures. No Investment Officer may engage in an investment transaction except as provided under the terms of this Policy and the established procedures. The Board may designate an SEC registered investment adviser to act as an Investment Officer for the College in assisting College staff with all provisions of this Policy. ETHICS AND CONFLICTS OF INTEREST College Investment Officers involved in the investment process who has personal business relationships with any entity seeking to sell an investment to the College shall file a statement disclosing the extent of that personal business interest. An Investment Officer who is related within the second degree by affinity or consanguinity (as determined by State statute) to an individual seeking to sell an investment to the College shall file a statement disclosing that relationship with the Texas Ethics Commission in accordance with the Act. AUTHORIZED INVESTMENTS This Policy applies to all investment activity of the College. The College will pursue a conservative approach to investment activity and although other investments may be authorized by law, the College may invest only in investments authorized by the Board as listed below: 1. Obligations of the US Government (Treasury Bills and Treasury Notes), its agencies and

instrumentalities not to exceed three years to stated maturity. Mortgage backed securities, with stated maturities less than ten years, are authorized only in bond, construction funds and bond reserve funds.

2. Fully insured or collateralized certificates of deposit of any bank doing business in Texas which is

collateralized in accordance with this Policy and with a stated final maturity not to exceed one year to include those bought through the CDARS network.

3. Negotiable certificates of deposit issued by a bank that has a certificate of deposit rating of at least 1 or

equivalent by a nationally recognized credit rating agency or that is associated with a holding company having a commercial paper rating of at least A1/P1 or equivalent by a nationally recognized rating agency.

4. Commercial paper rated no less than A1/P1 by two nationally recognized rating agencies with a stated

maturity less than 90 days. 5. Fully collateralized direct repurchase agreements with a defined termination date, secured in accordance

with this Policy and placed with a primary securities dealer. All repurchase agreement transactions shall


be governed by an executed Bond Market Master Repurchase Agreement. Maximum stated maturity shall be 90 days except for flex repurchase agreements.

6. Obligations of states, agencies, counties, cities and other political subdivisions of any state rated as to

investment quality by a nationally recognized investment rating firm not less than A or its equivalent, with a stated maturity of not more than three years.

7. Bond proceeds from one issue may be invested in a single flex repurchase agreement the maximum stated

maturity for which shall be matched to the expenditure plan of the bonds.

8. AAA-rated, constant-dollar, Texas local government investment pools as defined by the Act and

authorized specifically by the Board of Trustees for a particular pool. 9. A no-load money market mutual fund as authorized by the Act. 10. Corporate bonds, debentures or similar debt obligations rated in one of the two highest long-term

rating categories without regard to gradations in those categories by a nationally recognized rating agency not to exceed three years to maturity.

If additional types of securities are approved for investment by public funds by state statute, they will not be eligible for investment by the College until this Policy has been amended and the amended version adopted by the Board of Trustees. PROHIBITED INVESTMENTS The College is strictly prohibited from investing in any type of derivatives: 1. Interest Only Mortgage Backed Securities (IO). Obligations whose payment represents the coupon

payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal.

2. Principal Only Mortgage Backed Securities (PO). Obligations whose payment represents the principal

stream of cash flow from the underlying mortgage-backed security collateral and bears no interest. 3. Collateralized mortgage obligations (CMO) that have a stated final maturity date greater than ten

years. 4. Inverse Floaters. Collateralized mortgage obligations the interest rate of which is determined by an

index that adjusts opposite to the changes in a market index. DIVERSIFICATION Diversification will be used to minimize risk of loss by over-concentration in a particular market sector, maturity or security. The College will strive to structure portfolios with laddered maturities and securities in accordance with the Policy’s authorized investments and maximum maturity constraints. To assure diversification in the portfolio the following maximum limits will be imposed:


Investment Type Max. % in Portfolio US Treasury Obligations 90% US Agency and Instrumentality Obligations 85% SEC Registered Money Market Funds 60% Repurchase Agreements 75% Flex Repurchase (Bond Funds) 100% of issue Local Government Investment Pools 100%

Participation per pool 10% of pool Commercial Paper 25% Limit per issuer 5% Municipal Obligations 30% Limit per issuer or geographical region 5% Corporate Obligations 30% Limit per issuer 5%

MAXIMUM MATURITIES The College will diversify maturity dates and to the extent possible, match investments with anticipated cash flow requirements. No investment maturities will exceed three years at the time of purchase. AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS All investments transactions shall be made through a financial institution or broker/dealer authorized by the Board or its Investment Committee. The authorized list is to be reviewed at least annually. The list shall contain no less than five broker/dealers to assure a competitive process. Authorized broker/dealers and financial institutions may include:

Federally insured banks doing business in the State of Texas, Security dealers reporting designated as “primary government securities dealers” by the Federal

Reserve Bank of New York, Secondary institutional brokers/dealers registered with the State, the SEC, and the FINRA.

Financial institutions and broker/dealers who desire to transact business with the College must supply the following information/documents. The Investment Officer, or the College’s investment adviser, will maintain this information on the authorized financial institutions.

Current year audited financial statements Financial Industry Regulatory Authority (FINRA) certification and FINRA’s Central Depository

Registration (CRD) number. Proof of current Texas State Securities registration.

No investment transactions may be entered into with a brokerage subsidiary of the Authority’s depository bank in order to fulfill all delivery versus payment (DVP) requirements for trade independence. Policy Certification Each authorized financial institution and broker/dealer must be provided a copy of this Policy to assure that they are familiar with the goals and objectives of the College. The authorized representative of the firm shall sign a written certification, in a form acceptable to the College, substantially to the effect that the firm has:


Received, and thoroughly reviewed the Policy, and Acknowledges that the firm has implemented reasonable controls and procedures in an effort to

preclude investment transactions with the College that are not authorized by the College’s Policy. No investment transaction shall be executed with a firm which has not delivered this written certification. Material changes in this Policy will require re-certification by all broker/dealers. The College is under no obligation to transact business with any financial institution. COLLEGE DEPOSITORY At least every five years a College Depository shall be selected through a formal request for proposal (RFP). In selecting a depository, the services, cost of services, credit worthiness, and collateralization by the institutions shall be considered. INTERNAL CONTROL An annual independent review will be conducted to assure internal controls are in place which provide for compliance with the College's Investment Policies and procedures and the Act. COLLATERALIZATION All College time and demand deposits shall be secured above FDIC coverage by pledged collateral. In order to anticipate market changes and provide a level of security for all funds, collateral will be maintained and monitored by the depository at 102% of market value of principal and accrued interest on the deposits. The bank shall be responsible for monitoring and maintaining the collateral market value daily to assure that the margin on the pledged securities is maintained. Collateral pledged to secure deposits shall be held by an independent financial institution outside the holding company of the depository in accordance with a safekeeping agreement signed by authorized representatives of the College, the Depository, and the custodian (with the exception of the Federal Reserve for which a Circular 7 Pledgee Agreement will be executed.). All collateral shall be subject to inspection and audit by the College or its independent auditors. Authorized Collateral The College shall accept only the following as collateral for time and demand deposits: A. FDIC insurance coverage.

B. Obligations of the United States, its agencies or instrumentalities, or other evidence of indebtedness of the United States guaranteed as to principal and interest including mortgage backed securities which pass the bank test.

C. Obligations of states, agencies, counties, cities and other political subdivisions of any state rated A or its equivalent by two nationally recognized rating agencies.

Voluntary Collateral Pooling Alternative Collateral pooling alternatives authorized by state statute (TX Gov’t Code 2257) will be evaluated on a case-by-case basis for use. If any depository offers a voluntary collateral pooling alternative for the provision of collateral (instead of uniquely pledged securities to the College), the investment officers shall fully evaluate the risk factors concerned to determine the efficacy of participation. The use of collateral pooling will be analyzed using factors such as anticipated balances, fluctuations in balances, duration of deposits and current economic conditions to determine the acceptability of the collateral pool. The pool must contain only marketable securities.


SAFEKEEPING All securities owned by the College shall be held in safekeeping by the College’s depository bank or an authorized third party financial institution under an executed safekeeping agreement. DELIVERY VERSUS PAYMENT All security transactions, including collateral for repurchase agreements, entered into by the College shall be conducted on a delivery-versus-payment (DVP) basis to assure that the College has full control of its funds and assets at all times. REPORTING The Investment Officer shall submit monthly and quarterly reports to the Board of Trustees in accordance with the Act containing sufficient information to permit an informed reader to evaluate the performance and risks of the investment program. At a minimum the report shall include:

a. Description of each investment and depository position. b. Book and market values at the beginning and end of the reporting period c. Additions and changes to the market value during the period d. The book and market value of each separately invested asset e. The maturity date of each separately invested asset f. The account, fund, or pooled group fund for which each investment was acquired. g. The earnings for the period h. The overall yield for the portfolio(s) and its benchmark yield for the period

Market prices for market value calculations shall be obtained from an independent source. The report must conform to the contents of the Public Funds Investment Act and must be prepared and signed by all investment officers of the College. INTERNAL CONTROLS The Vice Chancellor of Fiscal Affairs shall establish a system of controls to regulate the activities of the investment program and staff. The controls will be reviewed annually with the independent auditor of the College. The controls shall be designed to prevent loss of funds due to fraud, employee error, misrepresentation by third parties, unanticipated market changes, or imprudent actions. Controls deemed most important would include: control of collusion, separation of duties, custody and safekeeping, delegation of authority, securities losses and remedial actions, and documentation of all transactions. Cash Flow Forecasting Cash flow forecasting is a control designed to protect and sustain cash flow requirements of the College. The Investment Officer will maintain a cash flow analysis designed to forecast cash positions for investment purposes. INVESTMENT POLICY ADOPTION The Investment Committee may suggest Policy changes to the Board of Trustees at any time. The Board of Trustees shall review and adopt, by resolution, its Investment Policy and investment strategies not less than annually and the approving resolution shall designate any changes made to the Policy. PASSED AND ADOPTED THIS THE _______ DAY OF ______ 20__

Action Item “X“ Regular Board Meeting August 3, 2009

Policy V-B: Purchasing Policy – 2nd Reading

ADMINISTRATION RECOMMENDATION/REPORT The Chancellor recommends that the Board of Trustees approve on second reading Policy V-B: Purchasing Policy. BACKGROUND Policy V-B is the overarching compliance statement of the Board with regard to how the College’s purchasing activity will be administered. It sets the tone and tenor for development of practices and guidelines developed by the administration to carry out the adopted policies of the Board. The policy revision is necessary because of an incorrect reference to 21.901 of the Texas Education Code as the basic statute promulgating purchasing law. The revised policy establishes state law as the foundation of policy and practice without the reference to a specific statute that may (will) change over time. In addition the revised policy clearly states that the District will only be liable for debts incurred through authorized methods by authorized individuals. IMPACT OF THIS ACTION Approval by the Board of Trustees will implement the proposed policy. BUDGET INFORMATION (INCLUDING ANY STAFFING IMPLICATIONS) Approval of the recommendation does not have budget or staffing implications. MONITORING AND REPORTING TIMELINE None ATTACHMENTS Attachment 1 – Policy V-B: Purchasing Policy RESOURCE PERSONNEL Ken Lynn 281.998.6306 [email protected]


Action Item “X“ Regular Board Meeting August 3, 2009

Policy V-B: Purchasing Policy – 2nd Reading

ANNOTATED VERSION

Policy V-B Purchasing Policy

Requirements for purchasing practices are governed by the laws of the State of Texas. All District purchases will comply with state statutes as well as the requirements of the San Jacinto College District Purchasing Guidelines Manual.

All purchases must be made in the name of the San Jacinto College District. The District shall assume responsibility for debts incurred in the name of the District so long as those debts are for purchases made in accordance with adopted Board policy and current administrative procedures regarding contracting and purchasing. The District shall not be responsible for debts incurred by persons or organizations not directly under District control. The District shall not be responsible for any other unauthorized purchase or debt. All vendors are charged with the responsibility to discover an individual or an organization's authority before any purchase, contract or debt is incurred. Persons making unauthorized purchases shall assume full responsibility for all such debts.

(See Guidelines and Procedures, Section 2-13) (Effective March 2, 1981. Revised May 2, 1994; Reviewed February 5, 2008; Revised August, 2009)

FINAL VERSION

Policy V-B Purchasing Policy

Requirements for purchasing practices are governed by the laws of the State of Texas. All District purchases will comply with state statutes as well as the requirements of the San Jacinto College District Purchasing Guidelines Manual.

All purchases must be made in the name of the San Jacinto College District. The District shall assume responsibility for debts incurred in the name of the District so long as those debts are for purchases made in accordance with adopted Board policy and current administrative procedures regarding contracting and purchasing. The District shall not be responsible for debts incurred by persons or organizations not directly under District control. The District shall not be responsible for any other unauthorized purchase or debt. All vendors are charged with the responsibility to discover an individual or an organization's authority before any purchase, contract or debt is incurred. Persons making unauthorized purchases shall assume full responsibility for all such debts.

(See Guidelines and Procedures, Section 2-13) (Effective March 2, 1981. Revised May 2, 1994; Reviewed February 5, 2008; Revised August, 2009)

http://www.sjcd.edu/faculty_staff_3969.html

http://www.sjcd.edu/faculty_staff_3969.html

Action Item “XI“ Regular Board Meeting August 3, 2009

Consideration of New Policies and Guidelines on Ethics, Fraud, and Retaliation – 1st Reading ADMINISTRATION RECOMMENDATION/REPORT The Chancellor recommends that the Board of Trustees approve on first reading the attached new policies and guidelines on Ethics, Fraud, and Retaliation. BACKGROUND San Jacinto College is committed to the highest ethical standards and to conducting its business with the highest level of integrity. This culture of openness, trust, and integrity requires that expectations of behaviors and actions be clarified for its employees. Accordingly, those expectations translate into actions that are clearly observed by the College’s students and the general public. The proposed policies and guidelines on Ethics, Fraud, and Retaliation clarify the standards of conduct required for San Jacinto College employees. The attached policies and guidelines have been drafted by legal counsel and will be circulated for review and comment by the employee organizations prior to the second reading and final approval by the Board of Trustees. Additionally, in the near future the College will be implementing a new on-line ethics reporting hotline that will allow employees, students or members of the general public having concerns about suspected ethics and compliance violations to express their concerns anonymously (if they so choose) and have those concerns addressed by appropriate College personnel. The hotline may be used to report suspected illicit or undesirable activities such as fraud, waste, and non-compliance with regulatory requirements. IMPACT OF THIS ACTION Adoption of these policies solidifies the College’s commitment to a work environment based on the highest levels of ethical standards. BUDGET INFORMATION (INCLUDING ANY STAFFING IMPLICATIONS) No budgetary impact. MONITORING AND REPORTING TIMELINE The policies and guidelines, as appropriately revised for comments received by the College community and pursuant to additional review by legal counsel, will be presented to the Board of Trustees for adoption on second reading September 14, 2009.


Consideration of New Policies and Guidelines on Ethics, Fraud, and Retaliation – 1st Reading ATTACHMENTS Attachments: VI-DD – Ethics VI-EE – Fraud VI-FF – Retaliation RESOURCE PERSONNEL Brenda Hellyer 281.998.6150 [email protected] Ken Lynn 281.998.6306 [email protected]




Consideration of New Policies and Guidelines on Ethics, Fraud, and Retaliation – 1st Reading Draft Policy and Guidelines Policy VI – DD: Ethical Conduct and Conflicts of Interest

I. Overview Ethical conduct is more than bare compliance with the minimum requirements of the law. Ethical conduct means honesty, transparency, personal accountability, and an appreciation that as public employees and officers we are stewards of the public trust. The purpose of this policy to set forth the general ethical principles and standards that will apply to all employees of the College regardless of their rank or position. In the event of a conflict between this policy and any existing policy or procedure, this policy will control. II. Principles of Ethical Conduct 1. College employees shall not use their positions for private gain or for the private gain of family members or friends. 2. College employees shall not hold financial interests that are in conflict with the conscientious performance of their official responsibilities. 3. College employees shall not make personal investments in any enterprise that could reasonably be expected to create a substantial conflict between the private interests of the employee and the public interests of the College. 4. College employees shall not use nonpublic information to advance any private interest. 5. College employees shall act impartially and not give preferential treatment or special privileges to any student, colleague, vendor, individual, or organization. 6. College employees shall protect and preserve public property and equipment and shall not use it for an unauthorized purpose. 7. College employees shall disclose waste, fraud, and corruption in accordance with College policy. 8. College employees shall not engage in outside employment or activities that conflict with official duties and responsibilities. 9. College employees shall adhere to all laws and policies that provide equal opportunity for all persons regardless of their race, color, religion, sex, national origin, age, disability, or veteran’s status. 10. College employees shall not intentionally or knowingly misuse any thing of value belonging to the College for the purpose of obtaining a benefit or for the purpose of harming or defrauding another. 11. College employees shall not use College funds or property for the purpose of influencing an election. 12. College employees shall be truthful when called upon by supervisors to provide information regarding their work activities and shall not fail to disclose information that a reasonable employee would view as relevant to the supervisor’s inquiry.


Consideration of New Policies and Guidelines on Ethics, Fraud, and Retaliation – 1st Reading III. Conflicts of Interest A conflict of interest exists when an employee owes a professional obligation to the College that is or might be compromised by the pursuit of outside interests. Outside interests, such as professional activities, personal financial interests, or the acceptance of gifts from third parties, can create conflicts between the interests of the College and the employee’s private interests and may prevent the employee from making decisions that are in the best interest of the College. Even when outside interests do not actually impair the employee’s ability to act in the best interest of the College, the appearance of a conflict may suggest that the employee’s independence of judgment has been affected, or it may erode public confidence in the employee. Gifts: There are two standards under Texas law governing gifts – (1) a general standard of conduct that applies to all employees and (2) a criminal standard that applies only to those persons who make recommendations or decisions about contracts and other financial transactions. Under the general standard, an employee should not accept or solicit any gift, favor, or service that might reasonably tend to influence the employee in the discharge of official duties or that the employee knows or should know is being offered with the intent to influence official conduct. This standard applies even though the donor is not asking the employee to do something in exchange for the gift. Criminal penalties may apply to persons who make recommendations or decisions about the College’s financial transactions. Such employees may not accept a gift from an individual or entity that is interested in or likely to become interested in that transaction, with limited exceptions. Under those exceptions, it is not a criminal offense to accept the following type of gift if the gift is not given in exchange for official action (it is never lawful to accept a gift in exchange for official action):

• Non-cash items worth less than $50. • A gift from a person such as a relative, friend, or business associate

with whom the employee has a relationship independent of the employee’s official status, if the gift is given on account of that relationship rather than the employee’s official status.

• Food, lodging, transportation, or entertainment in any amount if the employee accepts them as a “guest,” which means the donor must be present.

Please note, even though an employee lawfully may accept a gift described above without committing a crime, acceptance of a gift may still violate the general standards of conduct and may constitute grounds for discipline. Acceptance of a gift of even nominal value is improper if the purpose of the gift is to influence the employee’s actions.


Consideration of New Policies and Guidelines on Ethics, Fraud, and Retaliation – 1st Reading Outside Employment or Compensation: An employee should not accept other employment or compensation that could reasonably be expected to impair the employee’s independence of judgment in performing his or her official duties. The employee’s primary responsibility is the accomplishment of the duties and responsibilities assigned to the employee’s position at the College. External consulting or outside employment that interferes with those duties and responsibilities should not be accepted. Any outside employment, including self-employment, must first be approved by the employee’s supervisor or department head. Additionally, an employee should not accept other employment or engage in a business or professional activity that one might reasonably expect would require or induce the employee to disclose confidential information acquired through the employee’s official position. Additional information regarding outside employment is addressed in the College’s Guidelines & Procedures § 3-1. Honoraria: An employee may not accept an honorarium for services that the employee would not have been asked to provide but for his or her official status. For example, an employee may not accept a gift or payment for giving a speech if the employee would not have been asked to provide the speech but for his or her official position. However, an employee may accept meals, transportation, and lodging in connection with his or her services as long as the services are more than merely perfunctory or superficial. Personal Investments: Employees should not make personal investments that could reasonably be expected to create a substantial conflict between the employee’s private interest and the public interest. This means that the employee should not have a direct or indirect financial interest in a business that conflicts with the college’s interests or that might influence how the employee does his or her job. Some financial interests may be so indirect or so minimal that they do not create conflicts of interest, such as ownership of a minimal amount of stock in a company or an investment in a publicly traded mutual fund in which the employee does not exercise discretion regarding the investment of the assets of the fund. If an employee has an interest in a business that might constitute a conflict of interest, the employee should disclose that interest to his or her supervisor. In some cases, the employee may be able to resolve the conflict by not participating in any decision concerning that business. However, if the conflict is significant, the employee may be required to divest himself or herself of the interest that causes the conflict. Self-dealing/Transactions with Employees: An employee may not transact any business in an official capacity with any business entity in which the employee is an officer, agent, or member, or in which the employee owns a substantial interest. Additionally, before the College may purchase any supplies, materials, services, equipment, or property from a business entity in which an employee is an officer, agent, or member, or in which an employee owns a substantial interest, the Chancellor must approve the purchase, and the purchase may be made only if the cost is less than from any other known source.


Consideration of New Policies and Guidelines on Ethics, Fraud, and Retaliation – 1st Reading Benefits for Performing Official Duties: An employee should not intentionally or knowingly solicit, accept, or agree to accept any benefit for having exercised his or her official powers or for having performed his or her official duties in favor of another. If the benefit was given in exchange for an official act, it could constitute the criminal offense of bribery. Confidential Information: Although the College is a public institution and is subject to the Texas Public Information Act, the College maintains data and documents that are confidential by law. Employees with access to confidential information shall not disclose such information to unauthorized persons and shall not use the information for his or her personal benefit. IV. Filing a Complaint

A. The College shall annually notify all employees that it encourages employees to report specific instances of suspected ethics violations and that retaliation is prohibited against employees who report suspected ethics violations. B. Employees may report suspected ethics violations to their supervisors, to an individual with authority over the employee’s supervisor, to the College’s ethics hotline, to a campus president, to the College’s Internal Auditor, or to the Vice Chancellor of Fiscal Affairs. Under no circumstances shall an employee be required to make an ethics violation report to a person suspected of the ethics violation. C. Each person who receives an ethics violation report shall treat the information confidentially and shall share the information only with others in the administration or law enforcement who have a legitimate need to know. Confidentiality is necessary to prevent the destruction, removal, or alteration of evidence; to protect witnesses who have come forward from retaliation; and to minimize the risk of premature disclosure of information that may adversely impact individuals who may be erroneously accused of wrongdoing. D. If the Internal Auditor or Vice Chancellor of Fiscal Affairs receives an allegation of a suspected ethics violation regarding the Chancellor or a Board member, the report shall be promptly shared with the Chairman of the Board of Trustees. If the Chairman of the Board of Trustees is the individual accused of the suspected ethics violation, then the report shall be shared with the Vice Chairman of the Board of Trustees. The board or its designee shall take appropriate action to investigate the complaint. The board may employ an outside investigator or auditor in its discretion.


Consideration of New Policies and Guidelines on Ethics, Fraud, and Retaliation – 1st Reading Draft Policy and Guidelines Policy VI - EE: Prevention of Fraud and Fraudulent Actions I. Overview All College employees have a responsibility to ensure that College resources are used for their intended purposes. Misuse of resources may take many forms and often will involve deception or misrepresentation and intent to misuse College property for personal gain. Not all instances, however, will involve deception and personal gain. In some instances, College property or resources may be lost or destroyed through gross negligence and subsequent recordkeeping intended to conceal that negligence. The purpose of this policy is to increase the awareness of all employees regarding the prevention of fraud; to establish responsibility for the detection, reporting, and examination of suspected fraud; to establish guidelines for processing allegations of fraud in a fair and consistent manner; and to ensure that the Chancellor and the Board of Trustees receive proper notification of substantiated cases of fraud occurring within the College. II. Scope of Policy The focus of this policy is theft; fraud; embezzlement; bribery and kickbacks; misappropriation, misapplication, destruction, removal, or concealment of property; and conflicts of interest. These practices or acts shall be referred to collectively as “fraud” or “fraudulent acts” within this policy. The word “suspected” as used in this policy indicates the presence of reasonable suspicion, based upon factual observations that such practices or acts are occurring or have occurred. Examples of conduct subject to this policy include, but are not limited to, the following:

o Falsification of records and contracts o Falsification of payroll records or requests for reimbursement o Scholarship/financial aid misconduct o Healthcare/insurance fraud o Theft or removal of College property o Use of College vehicles and other property for personal use o Misapplying a thing of value to obtain a benefit or to harm another person o Self-dealing (e.g., an employee transacts business with an entity in which the

employee is an officer or agent) o Misuse of College purchasing card o Non-compliance with restrictions placed on certain accounts, funds, or grants o Unauthorized purchases o Requiring subordinates to perform personal tasks for the supervisor while on

the College payroll o Intentionally failing to follow College purchasing guidelines and restrictions

to benefit a friend or family member


Consideration of New Policies and Guidelines on Ethics, Fraud, and Retaliation – 1st Reading

III. Reporting Fraud A. The College shall annually notify all employees that it encourages employees to report specific instances of suspected fraud and that retaliation is prohibited against employees who report suspected fraud. B. Employees may report suspected fraud to their supervisors, to an individual with authority over the employee’s supervisor, to the College’s ethics hotline, to a campus president, to the College’s Internal Auditor, or to the Vice Chancellor of Fiscal Affairs. Under no circumstances shall an employee be required to make a fraud report to a person suspected of the fraud. C. Each person who receives a fraud report shall treat the information confidentially and shall share the information only with others in the administration or law enforcement who have a legitimate need to know. Confidentiality is necessary to prevent the destruction, removal, or alteration of evidence; to protect witnesses who have come forward from retaliation; and to minimize the risk of premature disclosure of information that may adversely impact individuals who may be erroneously accused of wrongdoing. D. If the Internal Auditor or Vice Chancellor of Fiscal Affairs receives an allegation of suspected fraud regarding the Chancellor or a Board member, the report shall be promptly shared with the Chairman of the Board of Trustees. If the Chairman of the Board of Trustees is the individual accused of suspected fraud, then the report shall be shared with the Vice Chairman of the Board of Trustees. The board or its designee shall take appropriate action to investigate the complaint. The board may employ an outside investigator or auditor in its discretion. IV. Examination and Investigation All fraud reports shall be transmitted to the Internal Auditor through appropriate administrative channels unless the Internal Auditor is the subject of the report in which case the report shall be transmitted to the Vice Chancellor Fiscal Affairs. The Internal Auditor in consultation with the Vice Chancellor of Fiscal Affairs shall review the report of suspected fraud and determine whether the incident shall be handled internally and administratively or whether an outside auditor, investigator, or other consultant shall be engaged to conduct the review. Audits shall be conducted in accordance with the Standards for the Professional Practice of Internal Auditing and the Institute of Internal Auditors Code of Ethics. The investigator, whether internal or external, shall promptly investigate each complaint, demonstrating appropriate urgency. Prompt investigation means that the investigation is commenced and completed as expeditiously as possible given the nature and complexity of the allegations. The Internal Auditor and/or Vice Chancellor of Fiscal Affairs shall be permitted to engage experts in any field or area and to receive legal counsel as necessary to develop accurate and reliable evidence regarding the claim. If the Internal Auditor and Vice Chancellor of Fiscal Affairs determine that temporary suspension or removal of an accused employee from a work site is necessary to preserve


Consideration of New Policies and Guidelines on Ethics, Fraud, and Retaliation – 1st Reading evidence, to protect witnesses, or to otherwise ensure the integrity of the investigation, then they shall consult with the Vice Chancellor of Human Resources. The Internal Auditor (or other designated investigator) shall prepare a written report following completion of the examination. A written report shall be prepared regardless of whether the claim of fraud is substantiated or not. If a claim of fraud is substantiated, the Internal Auditor (or other designated investigator) will prepare a report for the Vice Chancellor of Fiscal Affairs, Chancellor and Chairman of the Board of Trustees describing the amount and type of loss, the means or method used to perpetrate the fraud, and recommendations to reduce or prevent additional losses. The Vice Chancellor of Fiscal Affairs will report the suspected fraud to local law enforcement as necessary or appropriate. The Internal Auditor will prepare a summary of all examinations for review by the Board. V. General Considerations Regarding Financial Transactions and the Management

of Resources Each budget manager, along with his or his supervisor, is responsible for financial resource management in compliance with state or federal law, College policy and procedures, sound business practices, and funding restrictions. The budget manager and supervisor must ensure that adequate separation of duties exists so that no single employee has sole authority over all facets of a transaction. Checks and balances are necessary to ensure proper oversight at each stage of a transaction or action involving payment or use of funds. All revenue and expenditures must be timely and properly recorded and accounted for. All College employees who manage financial resources or are involved in financial transactions must be familiar with the policies and procedures regarding those transactions. Various employees within the College will have authority and responsibility for spending College funds. All employees with such authority must take responsibility for understanding the policies and procedures applicable to purchasing, contracts, and vendor relations. Unauthorized transactions and purchases shall be the personal financial responsibility of the individual committing the funds. A College employee who exercises discretion in connection with contracts, purchases, payments, claims, or other pecuniary transactions of government commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows is interested in or likely to become interested in any contract, purchase, payment, claim, or transaction involving the exercise of his discretion. College employees may not accept from any current or prospective vendor or contractor any cash or negotiable instrument or any gift or benefit having a value greater than $50. However, items valued at less than $50 must not be accepted where there is the actual or perceived appearance of preferential treatment or conflict of interest. When in doubt about the permissibility of accepting a nominal gift, or when a concern exists that a vendor or contractor is offering improper gifts, employees may contact the Vice Chancellor of Fiscal Affairs.


Consideration of New Policies and Guidelines on Ethics, Fraud, and Retaliation – 1st Reading Draft Policy and Guidelines Policy VI – FF: Protection from Retaliation for Reporting Suspected Wrongdoing I. Overview The San Jacinto College is committed to providing a work environment in which employees may express their concerns about suspected wrongdoing without fear of retaliation. The purpose of this policy is to provide guidance and support to Policy VI – DD and Policy VI - EE (i) encourage employees to report, or to cause to be reported, incidents and concerns relating to suspected wrongdoing, violations of law or regulations, and misuse of College resources and (ii) prohibit unlawful retaliation against employees who in good faith report suspected wrongdoing or who participate in an investigation pertaining to allegations of wrongdoing. II. Scope of Policy Retaliation is workplace conduct or employment decisions that a reasonable employee would view as materially adverse and whose purpose or effect is to discourage employees from exercising their rights under this policy or under the law. These rights include, but are not limited to, filing a complaint under this policy; reporting a violation of law to an appropriate law enforcement agency; assisting another employee in the filing of a complaint; and providing information during an investigation or testifying in a legal proceeding. Retaliation against employees who engage in protected conduct is expressly prohibited. The protection against retaliation applies to all good-faith complaints, even if the complaints ultimately are not sustained. III. Procedure for Submitting a Retaliation Complaint Informal resolution: Any employee may seek advice or information on matters related to this policy without having to lodge a formal complaint. Employees may seek informal guidance by contacting the Vice Chancellor of Human Resources or the Vice Chancellor of Fiscal Affairs. The administrator responding to the informal complaint shall maintain a written record of the terms and conditions of any informal resolution. Formal Complaints: Formal complaints may be submitted to any of the following: the Vice Chancellor of Human Resources, the Vice Chancellor of Fiscal Affairs, or the Chancellor. Use of the informal resolution process is not a prerequisite to filing a formal complaint. Employees who are subjected to conduct in violation of this policy are encouraged to report the conduct at the earliest possible stage, before the conduct becomes severe or pervasive, so that the College may take appropriate action to investigate and remedy the improper conduct. A delay in reporting may impair the College’s ability to investigate or to take meaningful corrective action. Formal complaints shall be in writing and shall contain the following information: (1) Complainant’s name and contact information; (2) Name and work location of the person(s) accused of retaliation; (3) Date(s) of the alleged retaliation;



(4) A description of the alleged retaliation, including specific details regarding the conduct that is alleged to be retaliatory;

(5) A description of any other relevant information tending to show a retaliatory motive for the conduct;

(5) Copies of pertinent documents and physical evidence, when applicable; (6) Names of material witnesses; (7) Remedy requested by the complainant; (8) Complaint’s signature and date of submission. The following communications do not constitute a retaliation complaint for purposes of this policy: oral allegations; anonymous complaints; courtesy copies of correspondence filed with other agencies; and informal inquiries seeking advice or information only. IV. Investigation of Formal Complaints A. All formal complaints shall be transmitted to the Vice Chancellor of Human Resources for evaluation and processing, unless the Vice Chancellor of Human Resources is the subject of the complaint. If the Vice Chancellor of Human Resources is the subject of the formal complaint, then the complaint shall be transmitted to the Vice Chancellor of Fiscal Affairs for evaluation and processing. Each person who receives a retaliation report shall treat the information confidentially and shall share the information only with others in the administration who have a legitimate need to know. Confidentiality is necessary to prevent the destruction, removal, or alteration of evidence; to protect witnesses who have come forward from retaliation; and to minimize the risk of premature disclosure of information that may adversely impact individuals who may be erroneously accused. B. Within five working days of receipt of the complaint, the Vice Chancellor of Human Resources shall determine (i) whether the allegations in the complaint are subject to this policy and (ii) whether the complaint shall be handled internally and administratively or whether an outside auditor, investigator, or other consultant shall be engaged to conduct the review. If the Vice Chancellor of Human Resources determines that the complaint is subject to this policy, the Vice Chancellor of Human Resources shall inform the complainant and shall identify the individual(s) who will conduct the investigation. If the Vice Chancellor of Human Resources determines that the complaint does not fall within the policy or does not comply with the requirements of this policy, the Vice Chancellor of Human Resources shall notify the complainant and state the reason for that determination. In the event that the complainant submits a deficient complaint that lacks the information required by this policy, the Vice Chancellor of Human Resources shall provide the complainant a reasonable opportunity to submit a corrected complaint. C. The Vice Chancellor of Human Resources shall inform the individual accused of retaliation (the “respondent”) of the nature of the allegations and the status of the complaint at the point and to the extent that the Vice Chancellor of Human Resources determines that notification will not compromise the integrity of the investigation. The respondent shall be informed in writing that contacting the complainant about the complaint is prohibited and that retaliation of any kind may result in discipline, including termination. In some instances, temporary suspension or removal of the respondent from the work site may be implemented during the pendency of the investigation.


Consideration of New Policies and Guidelines on Ethics, Fraud, and Retaliation – 1st Reading D. The designated investigator, whether internal or external, shall promptly investigate each complaint, demonstrating appropriate urgency. Prompt investigation means that the investigation is commenced and completed as expeditiously as possible given the nature and complexity of the allegations. The designated investigator shall interview the complainant, the respondent, and other persons whom the investigator determines may possess pertinent factual information. The complainant and respondent shall cooperate in the scheduling of an interview and shall promptly respond to the investigator’s requests for information. E. To maintain the integrity of an on-going investigation, all individuals who are involved in the investigation, including the complainant and the respondent, shall exercise good judgment and refrain from discussing the matter with third parties and other employees or students who do not have a legitimate, business-related need to know. Persons who violate the confidentiality rights of other individuals or who engage in conduct that reasonably may be perceived as witness intimidation or retaliation may be subject to discipline. F. The College’s objective is to complete the investigation within 35 calendar days of receipt of the complaint. If the investigator determines that additional time is needed, he or she shall promptly notify the complainant, the respondent, and the administrator facilitating the investigation. G. Retaliation complaints against the Chancellor or a Board member shall be submitted directly to the Chairman of the Board of Trustees. If the Chairman of the Board of Trustees is the individual accused of retaliation, then the report shall be submitted to the Vice Chairman of the Board of Trustees. The board shall take appropriate action to investigate the complaint. V. Report of Findings The designated investigator shall submit a proposed statement of findings and copies of relevant documents to the Vice Chancellor of Human Resources and the Vice Chancellor of Fiscal Affairs. The investigator, the Vice Chancellor of Human Resources and the Vice Chancellor of Fiscal Affairs shall meet to determine whether further investigation is needed. Once the investigation is determined to be concluded, the investigator shall provide a summary of the fact-finding report to the Vice Chancellor of Human Resources and the Vice Chancellor of Fiscal Affairs. In collaboration with the Vice Chancellor of Fiscal Affairs, The Vice Chancellor of Human Resources shall determine whether there is evidence of a policy violation and whether corrective action or other remedy is warranted. The Vice Chancellor of Human Resources shall communicate his or her recommendations in writing to the Chancellor. In the event of a complaint against the Chancellor or a Trustee, the Board shall make these determinations. The Vice Chancellor of Human Resources shall notify the complainant, respondent, and supervisor of the respondent of the findings and the administration’s response to the findings. If the complainant or respondent is dissatisfied with the administration’s response to the findings, the affected employee may appeal in writing to the Chancellor or his or her


Consideration of New Policies and Guidelines on Ethics, Fraud, and Retaliation – 1st Reading designee. The grievant must file his or her appeal within five business days of receipt of the administration’s response. The appeal must be received by the Chancellor prior to the deadline. The Chancellor or designee shall schedule a meeting with the employee within five business days of receipt of the appeal. The Chancellor or designee shall reply in writing within five business days after the meeting. The meeting with the Chancellor shall be based on the investigation. No new information will be received by the Chancellor unless the grievant establishes good cause for not having submitted the information during the investigation. The deadlines in this paragraph may be extended by mutual consent. If the decision of the Chancellor or his or her designee is not satisfactory to the employee, the employee may present the grievance to the Board at the next regular meeting in accordance with the policy for hearing of citizens. VI. Deadlines Applicable to Texas Whistleblower Act Complaints The Texas Whistleblower Act prohibits retaliation against public employees who in good faith report violations of law to an appropriate law enforcement agency. (Section 554.002 of the Texas Government Code.) A public employee may file suit for damages and/or reinstatement, lost wages, court costs, and legal fees. An appropriate law enforcement authority is one that the employee believes in good faith is authorized to regulate or enforce the law alleged to be violated or to investigate or prosecute a violation of criminal law. Before filing suit relating to a suspension, termination, or other adverse personnel action, a public employee first must file a complaint using the employer’s complaint procedure. The employee must invoke the complaint procedure “not later than the 90th day after the date the alleged violation [of the Whistleblower Act] occurred or was discovered using reasonable diligence.” If the College does not render a final decision on the complaint before the 61st day after the complaint procedure was invoked, the employee may elect to:

1. Exhaust the College’s complaint procedure, in which case the employee must sue not later than 30th day after those procedures are exhausted (i.e., completed all steps of the College complaint process); or

2. Terminate the College complaint procedure, in which event the employee may

sue within the time remaining (i.e., file suit not later than the 90th day on which the alleged violation occurred or was discovered by the employee through reasonable diligence).

Additional information regarding the Texas Whistleblower Act is available on the web page of the Office of the Texas Attorney General.



VII. Prevention of Retaliation All supervisors and administrators shall annually notify their direct reports that retaliation is prohibited against employees who report suspected wrongdoing. Each supervisor and administrator shall document compliance with this annual notification requirement by completing the Annual Notification of Employee Rights form1 and transmitting the completed form to the Vice Chancellor of Human Resources. Additionally, the College shall publish on its web page information that informs employees how to file a complaint. Hard copies of this information also will be made available in the Department of Human Resources and in each president’s office.

Action Item “XII” Regular Board Meeting August 3, 2009

Consideration of Policy for Filming and Photography – 1st Reading

ADMINISTRATION RECOMMENDATION/REPORT The Chancellor recommends that the Board of Trustees approve the first reading of the policy for filming and photography on campuses. BACKGROUND Multiple requests come into the College each year to request use of our campus facilities for filming and photography purposes. The College does not currently have a policy to give guidance for these requests and insurance requirements from the requestor to protect the College. As part of this policy, College personnel worked with legal counsel to produce a Right of Entry and Use Agreement to be signed by the College and the requestor before gaining access to college facilities. In addition, guidance is given for students as to where they can and cannot film on campus. IMPACT OF THIS ACTION Adoption of this policy on first reading will afford the college community an opportunity for review, reflection, and comment before adoption at the September Board meeting. BUDGET INFORMATION (INCLUDING ANY STAFFING IMPLICATIONS) Approval of the recommendation does not have budget or staffing implications. MONITORING AND REPORTING TIMELINE This policy allows for a point of contact in the marketing department to coordinate requests from outside individuals or companies. ATTACHMENTS Attachment 1 – Filming and Photography Policy Attachment 2 – Right of Entry and Use Agreement (Sample of completed form) RESOURCE PERSONNEL Teri Fowle 281.998.6151 [email protected] James Fowler 281.998.6115 [email protected]



Draft Policy Filming and Photography on Campuses

Filming and Photography as defined in this policy will be permitted on San Jacinto College campuses or property leased by the College in accordance with this Policy, provided that such activity does not interfere with the educational or regular program functions or previously scheduled events of the College and does not pose a security or safety risk. DEFINITIONS Campus Image: a still or moving image of San Jacinto College property that can be readily identified by the public as college property by architecture, landmarks, signage, the presence of prominent individuals, the inclusion of logo clothing or athletic uniforms, or any other means. College Name and Graphic marks: any use of the college name or any form of the college including the campuses or district office. Graphic marks include the college logo, tagline, advertising campaign, seal, and mascots. Filming: the capturing of moving or still images of San Jacinto College property by any means on any media now known or that may be invented in the future including, but not limited to, film, videotape, digital disk or any electronic transmission to another medium or to the Internet. Photography: the capturing of still images onto any compatible medium, or posting to the Internet, by any means or devices now known or that may be invented in the future including, but not limited to, film cameras, digital cameras, electronic devices such as personal computers (PC), mobile phones, personal digital assistants (PDA), etc. GUIDELINES A. External Use Filming or Photography For purposes of this Policy, "External Use" refers to Filming or Photography on campus for non-newsgathering purposes and for which San Jacinto College will not own the copyright to the work created. No Campus Images may be used without prior written authorization from the Marketing Department. Examples of External Use Filming or Photography include, but are not limited to:

1. Theatrical release, broadcast or print media; 2. Industrial use (e.g., trade show or intra-company, intra-industry use); 3. Editorial use; 4. Public service announcements; 5. Non-San Jacinto College student filming; 6. Documentary.

B. Internal Use Filming or Photography For purposes of this Policy, "Internal Use" refers to Filming and/or Photography on any campus for the benefit of the College by a College representative, student, or contractor. The College ordinarily will exercise artistic or creative control over the work, and the College ordinarily will own the copyright to the work. Examples of Internal Use include, but are not limited to:

1. Broadcast or print media primarily for San Jacinto College use; 2. San Jacinto College student filming; 3. San Jacinto College academic or departmental broadcast or Webcast (e.g., Intercollegiate Athletics).

Departments or units that engage the services of non-College staff (e.g., a commercial photographer or film company) for any Internal Use Filming or Photography must ensure that terms governing the use and re-use of any Campus Images are clearly defined out in the written agreement with each contractor. Departments shall pursue all ownership rights and interests in the work created on behalf of the College and paid for with College funds. Before committing College funds, the department or campus shall submit the proposed written agreement to the Marketing Department for review and approval. All activities requiring College resources, such as police, grounds restoration, traffic control, parking, and any other College services rendered shall be charged to the department or unit requiring those services. C. News Reporting and Gathering The College operates on the principle that news gathering provides an important public service for College constituents and the public at large However, neither the public nor the media have a right to indiscriminate access to grounds, buildings, activities or restricted areas. Respect for the privacy interests of students, faculty, and staff requires that the College set reasonable rules regarding access for purposes of Filming and Photography.

For purposes of this Policy, "News Reporting" is live Filming or Photography and transmission (with or without audio recording) as “active” or “breaking” news, by a bona fide news reporting service. Reporters and news photographers generally do not need permission to film building exteriors in common public areas, such as parking lots and sporting venues, but permission is required to enter classrooms, offices, laboratories, and other buildings. Because electronic equipment and cameras can interfere with traffic and College activities and impinge on student or employee privacy, entry to classrooms, private offices, libraries, and similar facilities for purposes of filming must be cleared in advance through the Marketing Department. The Marketing Department may impose reasonable time, place, and manner restrictions to minimize disruption and inconvenience and to protect the privacy interests of students and employees.

No advance permission is needed to record the proceedings at a publicly held meeting of the Board of Regents. Additionally, events to which the College has extended an invitation or announcement to the public and to the news media do not require special approvals, although arrangements for camera locations, microphones, and lighting may require assistance from the Marketing Department. These events include news conferences, athletic events, and public lectures.

Television film crews must obey campus parking and other regulations unless prior arrangements have been made with through the Marketing Department.

Video and sound crews usually will be accompanied by a member of the Marketing Department.

Access to buildings, areas and events may be denied during an emergency or crisis.

D. Non-commercial Filming or Photography by Staff and Students Faculty and staff may engage in Filming or Photography for non-commercial purposes that serve an educational, administrative, or legitimate college purpose. Faculty and staff do not need special permission to engage in such Filming and Photography so long as the activity can be performed in a non-disruptive manner and so long as special campus services are not needed (i.e., campus security, campus maintenance, etc.).

Employees, students, and visitors may engage in Filming or Photography in public areas of the campus so long as the Filming or Photography is incidental, non-disruptive, and non-commercial. As used in this policy, "public areas" refers to common areas that are freely open to public traffic, such as outdoor patios, parking lots, cafeterias, sporting event arenas and fields, and open lobby areas. Photography or filming in non-public areas, including classrooms and private offices, is not permitted without the consent of the individuals being filmed or photographed.

Employees, students, and visitors are prohibited from using recording devices in restrooms, locker rooms, dressing rooms, and other locations where people have a reasonable expectation of personal privacy. To prevent any misunderstanding or confusion, employees, students, and visitors are encouraged to store such devices in purses, backpacks, briefcases, or pockets while visiting these locations.

No employee, student, or visitor shall use a camera phone or other visual recording device, even in a public area, to take a photo of a person's body, without that person's knowledge, from an angle that is intimate, revealing, or sexual or that constitutes an invasion of personal privacy.

Employees, students, and visitors are prohibited from using recording devices to duplicate confidential information, including student records, personnel records, and medical records.

To prevent disruption and academic dishonesty, instructors are permitted to impose reasonable restrictions on student use of recording devices in classrooms, laboratories, or other locations where instruction or testing occurs. Instructors shall notify students in writing of any restrictions on the use of recording devices. The following language may be used: "Use of recording devices, including camera phones and other devices that record moving or still images, is prohibited in classrooms, laboratories, faculty offices, and other locations where instruction, tutoring, or testing occurs. Students with disabilities who need to use a recording device as a reasonable accommodation should contact the Office for Students with Disabilities for information regarding reasonable accommodations."

E. San Jacinto College Identification and Appropriate Use of Campus Images No identification of San Jacinto College as the location of External Use Filming or Photography will be permitted, except that which has been approved in advance by the Marketing Department. Marketing will refer questions of the suitability of proposals or requests that propose the identification of San Jacinto College to the College's legal counsel and/or to the Vice Chancellor of Administration or his or her designee. The request may be approved when the proposed identification is deemed to be in the College’s interests. Such requests for San Jacinto College identification should clearly specify how the identification will be made and in what subject matter context. No trademarked icons, images, logos, or widely recognizable landmarks or highly sensitive locations of the College shall be filmed, photographed, or otherwise reproduced for any commercial purposes. EMPLOYEE RESPONSIBILITIES The Marketing Department is responsible for reviewing all requests for Filming and Photography on Campus. All proposals for Filming or Photography on campus will be evaluated for potential logistics problems and if approved, determine the appropriate facility and services usage.

RIGHT OF ENTRY AND USE AGREEMENT This Right of Entry and Use Agreement (the “Agreement”) is entered into by and among San Jacinto Community College District, a public community college established under the laws of the State of Texas (“College”), on the one part, and ______, an individual (“____”), ________, an individual (“_____”), and _______, a _________ [type of organization] (“______”) (collectively, ____, _____, and ______ shall be referred to herein as “Company”), with an effective date of April 24, 2009 ("Effective Date"). Individually, any of the parties shall be referred to as “Party” and collectively, all parties shall be referred to as “Parties”. The Parties agree as follows: 1. The College owns certain property located at _________ (“Property”) and certain facilities located at the Property. Under the terms and conditions of this Agreement, the College hereby grants permission to the Company to enter the Property and to enter the library located on the Property (“Library”) for the limited purpose of rehearsing, photographing, filming, and recording (“Purpose”) in and around the exterior of the Property and inside the Library at the times and locations set forth in Exhibit “A” (“Usage Time”). Without prior written consent, the Company may not enter and use the Property for its Purpose any time other than the Usage Time. Notwithstanding anything contained herein, the Company shall not perform any act or enter any part of the Property if and when such entry and use would cause a disruption of College business, classes, student instruction, or other activity. The Company shall not commit or permit any unlawful or hazardous purpose or any act constituting a public or private nuisance; or do or engage in any act or thing that may disturb the quiet enjoyment of any other person at or near the vicinity of the Property; or keep any substance or carry on any operation that might emit significantly offensive odors into other portions of the Premises, the Property, or the adjacent properties; or do anything that would increase the insurance rate of the Premises or the Property or its contents. The Company shall not bring nor permit any other person to bring onto the Property any weapons, alcoholic or intoxicating beverages, any illegal drugs, or any controlled substance, except as such controlled substance is prescribed by a physician; or any firearms, knives, or any other item that could be construed as a weapon. During the Company’s use of the Property, the College and its agents, employees, and student shall have access to the Property and the Library for any and all purposes necessary or advisable for the College. The Company shall not interfere with the College’s right of access. 2. The Company shall follow all applicable laws and regulations and ordinances and comply with all College policies and procedures while on, in, or around the Property, the Library, the parking lot, or any other portion or party of the Property. 3. The Company shall be solely responsible for setting up and taking down of any equipment or materials (collectively referred to as “Company Property”) used in or about the Property and shall be solely responsible for the safety and security of the Company Property. The Company shall remove any Company Property by the end of its Usage Time on each day. The College shall not be responsible or liable for the security of or any damage to or loss of any Company Property.

4. The Company assumes full responsibility for the conduct of any person, director, officer, employee, representative, agent, guest, or invitee entering the Property. The Company warrants that it shall not permit and shall restrain any Company employee, volunteer, representative, or agent of Company who has been convicted of a felony or crime of moral turpitude from coming in contact with any College student and/or from providing continuing services at the the Property. Upon the request of the College, the Company shall provide documentary evidence of such background checks, subject to any confidentiality requirements imposed by applicable law. 5. This Agreement shall commence on the Effective Date and expire on _________ (“Term”). 6. Either party to this Agreement shall have the right to terminate this Agreement, with or without cause, upon written notice to the other party at least five (5) days prior to the effective date of such termination. Termination shall be without any penalties and without further obligations upon the part of either party, other than those stipulated. 7. The Company shall not make any additions or alterations to the Premises or the improvements, fixtures, furnishings, and equipment owned by the College therein. At the end of each Usage Time, the Company shall return the Property to the same condition as it was prior to such Usage Time. 8. The College reserves the right through its representatives to eject any person or persons who act in violation of the terms of this Agreement from the Property or any part of the Property and upon the exercise of this authority, THE COMPANY WAIVES ITS RIGHT AND CLAIM FOR RELIEF AND/OR DAMAGES AGAINST THE COLLEGE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS AND THE COMPANY SHALL INDEMNIFY, DEFEND, AND HOLD THE COLLEGE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY CLAIM, LOSS, OR ACTION ASSERTED AGAINST THE COLLEGE BY ANY SUCH PERSON SO EJECTED. 9. DISCLAIMER OF LIABILITY. NEITHER THE COLLEGE NOR ANY OF ITS RESPECTIVE REGENTS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS (collectively and any one of them shall be referred to herein as "COLLEGE INDEMNITEES") SHALL BE LIABLE OR RESPONSIBLE FOR ANY CLAIMS, LOSSES, DEMANDS, SUITS, COSTS, AND EXPENSES, AND OTHER FORMS OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND LITIGATION EXPENSES (EACH A “CLAIM”) OR ANY INJURY TO ANY PERSON OR TO ANY PROPERTY (EACH A “LOSS”) OF THE COMPANY, ITS DIRECTORS, EMPLOYEES, AGENTS, MEMBERS, GUESTS, INVITEES, OR ANY THIRD PARTY, IN OR UPON THE PROPERTY OR PREMISES, RESULTING FROM ANY CAUSE WHATSOEVER INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, THEFT, OR VANDALISM. 10. COMPANY INDEMNIFICATION. THE COMPANY AGREES TO AND SHALL INDEMNIFY, DEFEND AND HOLD THE COLLEGE INDEMNITEES AND THE CHURCH INDEMNITEES HARMLESS FROM AND AGAINST ANY CLAIM OR LOSS

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THAT MAY ARISE OUT OF, RELATED TO, OR BY REASON OF, ANY (A) CONTRAVENTION OR BREACH OF ANY PROVISION OF THIS AGREEMENT OR OF ANY REPRESENTATION OR COVENANT MADE OR TO BE PERFORMED BY THE COMPANY UNDER THIS AGREEMENT; (B) NONCOMPLIANCE BY THE COMPANY IN CONNECTION WITH ITS USE OF THE PROPERTY OR PREMISES; (C) NONCOMPLIANCE OR VIOLATION BY THE COMPANY OR BY ANY OF ITS EMPLOYEES, OFFICERS, DIRECTORS, TRUSTEES, MEMBERS, GUESTS, INVITEES, SUBCONTRACTORS, OR AGENTS OF ANY APPLICABLE LAWS, RULES, REGULATIONS, OR ORDER OF ANY GOVERNMENTAL AGENCY HAVING APPROPRIATE JURISDICTION OVER THE PROPERTY OR THE COMPANY; (D) ACT OR OMISSION OF OR THE NEGLIGENCE (WHETHER ORDINARY OR GROSS) OF THE COMPANY OR OF ANY OF ITS EMPLOYEES, OFFICERS, DIRECTORS, TRUSTEES, MEMBERS, GUESTS, INVITEES, SUBCONTRACTORS, OR AGENTS IN CONNECTION WITH THE USE OR OCCUPANCY OF THE PROPERTY OR PREMISES; EXCEPT TO THE EXTENT SUCH CLAIM WAS SOLELY CAUSED BY OR RESULTS FROM THE FAULT OF ANY COLLEGE INDEMNITEE; AND (E) THE VIOLATION OF ANY RIGHTS OF THIRD PARTIES. NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THIS AGREEMENT SHALL OPERATE TO OR BE DEEMED OR CONSTRUED TO ABROGATE OR WAIVE ANY IMMUNITY TO WHICH THE COLLEGE IS ENTITLED. 11, Survival of the College Disclaimer and the Company Indemnification. THE COLLEGE’s DISCLAIMER OF LIABILITY and THE COMPANY’s INDEMNIFICATION REQUIREMENTS AS SET FORTH IN THIS AGREEMENT SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 12. This Agreement provides the Company only with the right and privilege to enter and use the Property during the Usage Time for the Purpose and in the manner set forth in this Agreement. Nothing herein is intended to grant to the Company the exclusive right to occupy or use the Property. 13. Absent prior written authorization, the Company may not use or reference the College’s name or logo on the Company's promotional materials, in advertising to the general public other than a general reference for a description of the physical location of the Property. 14. This Agreement represents the entire agreement and understanding between the parties as to the subject matter herein and supersedes all previous agreements or understandings between the parties, whether verbal or written. This Agreement may not be altered or amended except by written agreement signed by both parties. 15. This Agreement shall be governed interpreted by, and construed in accordance with the laws of the State of Texas without regard to its choice of law provisions. Exclusive venue for any dispute relating to this Agreement or the subject matter hereof shall be in a court of competent jurisdiction located in Harris County, Texas.

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16. This Agreement shall not be assignable by the Company in whole or in part without the prior written consent of the College. 17. Any provisions of this Agreement that shall prove invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provision shall remain in full force and effect. 18. The College and the Company each represent that it has the authority to execute this Agreement and to perform its obligations under this Agreement. By signing below, the person executing this Agreement warrants and represents that he or she has the authority to do so and agrees to assume individual liability if not so authorized. 19. The College makes no representations that the Property is safe or suitable for the intended use. The College assumes no responsibility for improving, altering, or maintaining the Property to meet Company’s requirements. This Agreement is executed below on _______________ and entered into as of the Effective Date.


By:_______________________ Name: Title:

“______________” _______________________

_______________________ By:_______________________

Name: Title:

“______________” _______________________

Action Item “XIII” Regular Board Meeting August 3, 2009

Approval of 2009 – 2010 Annual Priorities ADMINISTRATION RECOMMENDATION/REPORT The Chancellor recommends that the Board of Trustees approve the Annual Priorities for 2009-2010. BACKGROUND The annual priorities were developed by the Strategic Leadership Team over the past two months. Input for the priorities was obtained from the Board of Trustees during workshops held in June and July 2009. The priorities reflect a commitment to academic excellence and student success. The annual priorities are categorized in ten major areas with focused actions under each. Additionally, accountable leaders, secondary support teams, and quantitative and qualitative measures have been identified for each action. IMPACT OF THIS ACTION The College’s annual priorities set the direction and align the activities for 2009 – 2010. Following the approval of the annual priorities, individual performance plans will be developed for all full-time leaders, faculty, and staff. BUDGET INFORMATION (INCLUDING ANY STAFFING IMPLICATIONS) Funding for the priorities has been included in the 2009 – 2010 budget recommendation. MONITORING AND REPORTING TIMELINE Regular monitoring will be presented to the Board of Trustees. ATTACHMENTS Attachment 1 – Annual Priorities 2009 - 2010 RESOURCE PERSONNEL Brenda Hellyer 281-998-6100 [email protected]


San Jacinto College District Annual Priorities 2009 – 2010

I. College Vision, Mission, and Strategic Planning: Clarify and develop the five-year plan for the College.

A. Develop a detailed college strategy for 2010-2015 which includes a vision statement, a new an updated mission statement, cross impact study, and new strategic plan.

II. Student Success & Enhanced Learning: Provide programs and services to students

that increase the opportunity for success. A. Implement and assess effectiveness of mandatory orientation for all first time in college students. B. Implement prerequisite tracking. C. Develop comprehensive plan to increase student retention, persistence, and certificate and degree attainment, based on best practice research. D. Develop plans for the assessment of library resource needs and for renovations to transform library facilities into learning resource centers. E. Expand and assess results of the Quality Enhancement Plan. F. Integrate Success Centers into campus operations.

III. Organizational Alignment and Development: Building organizational capacity and

capability. A. Improve the alignment of leadership and communication structures 1. Define participatory governance and accountability structures

along with functional communications within the one college operation.

2. Align the planning and implementation processes for efficient and effective operation of the College.

B. Improve Financial Control 1. Refine college-wide resource allocation and budget methodology

and timeline. 2. Define the vision, philosophy and procedures to create a strategic

approach to professional development, travel, and institutional representation at professional organizations.

3. Develop strategy and structure for organization and association memberships and participation within the guidelines established by legal counsel.

C. Improve the performance of human capital. 1. Assess the organizational wellness of the College. 2. Implement faculty performance management and refine processes for non-

faculty performance management. 3. Redefine the role of human resources in the organization. D. Improve the processes that support the operations of the College. 1. Create a culture of evidence that ensures faculty and staff are data

informed. 2. Define a new structure/framework for managing policies, guidelines, and

procedures of the college.

3. Review Banner business processes effectiveness and establish accountability matrix.

4. Define a college-wide strategy for Green initiatives. 5. Modernize aging communication infrastructure to enhance institutional

effectiveness and expand educational opportunities.

IV. Celebrate the differences: Improve our understanding of diversity and inclusivity at San Jacinto College. A. 1. Assess the strengths, talents, concerns, and aspirations of all San Jacinto

community members. 2. Recommend a college-wide diversity and inclusivity plan.

V. Outreach & Recruitment: Strengthen access and enrollment A. Develop and implement college-wide recruiting strategies. B. Assess current pre-collegiate outreach programs, and determine future strategies. C. Increase financial aid awards and dollars. D. Formalize new program processes and develop one new program per campus.

VI. Workforce and Economic Development: Provide innovative solutions that strengthen and expand our region's workforce competitiveness. A. Complete a multi-year master plan for workforce and economic development that addresses the projected labor needs of the region, the resources and strategies required for San Jacinto College to meet those needs, and proposed solutions and timelines required to address any gaps in services. B. Identify and enhance processes, lines of communication, and cooperation between

Continuing Professional Development directors, administrators, and technical deans. Develop a plan for improvement with clear objectives.

C. Increase the availability of contract and workforce training to businesses and employers in the district (i.e., allied health, IT, etc.) to meet projected labor needs.

D. Develop validation metrics to measure the success of San Jacinto College Continuing and Professional Development offerings against labor projections.

E. Review lifelong learning offerings from prior years, determine which successful programs remain viable, and develop strategies, accountability structures, and implementation plans to address regional needs for "leisure learning" on all three campuses.

VII. Modes for Alternative Delivery of Learning: Promote technologically enhanced

learning environments to foster student success. A. Implement complete online degree programs by Fall 2010. B. Implement a pilot for Quality Matters to ensure excellence in online course

design. C. Develop an online orientation for distance learners. D. Develop a plan for a comprehensive set of student service support systems for

distance learning students. E. Expand opportunities for courses, degrees, certifications, and workforce training

through online offerings. F. Create a technology innovations center for experimentation with new

technologies and best practice research for alternative delivery modes. G. Implement ACAdemic Learning Technologies training program for faculty

focused on online pedagogy.

VIII. Facilities, Maintenance, & Grounds: Develop, construct, and maintain capital projects and facilities that enhance the learning centered environment, improve physical facilities and grounds, and ensure physical safety. A. Develop and implement a plan to integrate the Associate Vice Chancellor of Facilities and Construction into the College operations. B. Ensure that the bond construction program is responsive to user needs, on time, and within budget. C. Analyze needs and develop agreed upon service levels for custodial, maintenance, and landscape services. Analyze costs for implementing agreed upon service levels and develop implementation plans with custodial service changes implemented by December 31, 2009.

IX. Resource Development: Expand and implement systems for increasing financial resources to enhance student access and promote excellence in teaching and learning. A. Increase resource development and procurement efforts and implement measures to strengthen interactions with campus constituencies generating in increased grant ideas, applications, and awards that support the college mission and priorities. B. Develop strategy and determine submittal timeline for a collaborative college-wide grant submittals including Title V and Title III grants.

X. Foundation: Develop strategic focus and plan for private fundraising. A. Develop and implement strategies to target private fundraising for student scholarships. B. Develop, along with the community board members, a long-term strategic plan for the San Jacinto College Foundation. C. Define the leadership team’s role in private fundraising.

Action Item “XIV“ Regular Board Meeting August 3, 2009

Consideration of Approval of Proposed Budget for 2009-2010

ADMINISTRATION RECOMMENDATION/REPORT The Chancellor recommends that the Board of Trustees approve the proposed 2009-2010 budget for the San Jacinto Community College District. BACKGROUND The proposed budget provides operating funds for 2009-2010. Conservative projections have been utilized for revenues and are therefore considered reasonably attainable. Revenue from the state to support instruction increased by $1.7 million over last year. No increase in rates for tuition and fees is proposed, however, the College has budgeted for a 4% increase in enrollment. No increase in the maintenance and operations (M&O) portion of the property tax rate is proposed. The M&O tax rate is expected to remain at $0.115927 per $100 of valuation, the same rate that has been adopted since 2005-2006. The interest and sinking portion of the property tax rate is expected to increase approximately $0.01 per $100 of valuation from $0.047484 to an estimated $0.057484 (subject to receipt of the certified tax roll and tax rate calculations) due to the sale of the 2009 General Obligation bonds on July 30, 2009. The increase of $0.01 is in line with expectations and the rate estimate provided by the College during the bond campaign. Property tax revenue is estimated based on a preliminary 2.5% valuation decrease, a reduction in the anticipated collection rate from 97% to 96%, and a $2,000,000 non-payment reserve. Highlights of the proposed budget include:

• Tuition and Fee revenue assumes a 4% increase in semester credit hours, • Interest Income is budgeted at $1.8 million reflecting continued low interest rates, • Completion of the Human Resources reorganization, • Funding to replace a portion of the Title V grant from the U.S. Department of

Education that is expiring, • Funding for a full-time shared counselor at Channelview High School, • Increasing the percentage of full time faculty, • Increased investment in alternative delivery, • Renovations at Central and South campuses to house the franchise food court, • Reorganization of maintenance, grounds and custodial operations, • Implement of phase 1 of a district-wide copier lease program, • Purchase of a fuel management system, • Implementation of a district-wide recycling program, • An allocation of $580,000 for employee compensation adjustments. *

* In the prior year, the Board of Trustees committed to a cost of living adjustment for the transitional year to a performance based compensation system. Even though the current consumer price index (Houston, Galveston and Brazoria Counties, all consumers, all products) is negative, a recommendation is included to provide for some adjustment to cover increased health insurance costs to employees.

Action Item “XIV“ Regular Board Meeting August 3, 2009

Consideration of Approval of Proposed Budget for 2009-2010

The budget is prepared in accordance with generally accepted accounting principles. The expenditure totals include a non-expense cash outlay for bond principal payments of $12,455,000 and a non-cash expense of $7,705,700 for depreciation. While the proposed budget reflects the College’s commitments to teaching and learning and serving the citizens throughout the Greater Houston Area, additional initiatives and requests were not funded or were not fully funded due to limited resources. The College continues to focus on enhancing Student Success initiatives, repurposing dollars for strategic priorities, and evaluating operational effectiveness. IMPACT OF THIS ACTION Approval of the proposed budget will establish the 2009-2010 budget for the College and comply with section 51.0051 of the Texas Education Code that requires that the governing board of each institution shall approve a budget on or before September 1 of each year. RESOURCE PERSONNEL Ken Lynn 281.998.6306 [email protected]


Action Item “XV” Regular Board Meeting August 3, 2009

Consideration of Budget Amendment for Texas Academic Decathlon

ADMINISTRATION RECOMMENDATION/REPORT The Chancellor recommends that the Board of Trustees approve an amendment to the 2008-2009 budget for unrestricted revenue and expenses relating to the Texas Academic Decathlon. BACKGROUND In the spring of 2008, North Campus was requested to host the Texas Academic Decathlon (TAD) – Large School State Competition. The state competition was held at the J.W. Marriott in the Galleria area, North Shore High School Gymnasium and San Jacinto College North Campus. Competition dates were February 27 – March 1, 2009. IMPACT OF THIS ACTION Hosting this statewide event put San Jacinto College in the forefront of many student minds, as they consider various colleges. Hosting this event was utilized as a marketing tool for the North Campus and the College. High schools, such as Deer Park, Pasadena, Pearland, Klein, as well as five Katy ISD high schools, participated and were exposed to the programs offered at the College. BUDGET INFORMATION (INCLUDING ANY STAFFING IMPLICATIONS) In its December and March meetings, the Board of Trustees approved a $25,000 amendment for event revenue and expenses. Subsequently, monies totaling $9,934 were collected from participating teams to cover meals and t-shirts. The College received a total of $34,934. Unrestricted revenues and expenses will each be increased by an additional $9,934. The net impact on the District budget is zero. MONITORING AND REPORTING TIMELINE The North Campus Academic Dean will provide continuous monitoring of all TAD revenues and expenses. ATTACHMENTS Attachment 1 – Budget Amendment RESOURCE PERSONNEL Ken Lynn 281.998.6306 [email protected] Mini Izaguirre 281.998.6347 [email protected] Sarah Janes 281.459.7623 [email protected]




SAN JACINTO COLLEGE DISTRICTTexas Academic Decathlon Amendment

August 3, 2009

Amended AmendedBudget Budget

Texas Academic Decathlon Fund Org Account Prog March 2, 2009 August 3, 2009

REVENUESales & Service Sale & Srvc Edu - Academic Decathlon 332002 52237 516189 110000 (25,000) (34,934) Sales & Service Total: (25,000) (34,934)

TOTAL REVENUE: (25,000) (34,934)

EXPENSESSupplies: Computer Supplies - Consumable 332002 52237 711310 920100 800 - Operating Supplies - Consumable 332002 52237 711410 920100 9,250 9,008 Supplies Total: 10,050 9,008

Travel: Non-Conference Travel - Mileage 332002 52237 721110 920100 100 - Local Travel - Meeting 332002 52237 721120 920100 1,050 - Conference Travel - Lodging 332002 52237 721210 920100 1,000 572 Travel - Vehicle Rental 332002 52237 721420 920100 200 5,679 Travel Total: 2,350 6,251

Contractual Services: Contractual Svcs - Consultants 332002 52237 731260 920100 1,250 2,330 Contractual Svcs - Catering 332002 52237 731270 920100 5,600 13,698 Contractual Svcs - Printing 332002 52237 731330 920100 3,500 3,606 Contractual Svcs - Mailing 332002 52237 731340 920100 1,000 42 Contractual Svcs - Cleaning 332002 52237 731360 920100 1,250 - Contractual Services Total: 12,600 19,675

TOTAL EXPENSES: 25,000 34,934

NET INCREASE (DECREASE) - -

I.

Central:

CSP #09-34 Reroofing of Health Science Building and

Frels Science Buildings (pgs 3-5) $728,292

North:

CSP #09-36 Reroofing of Health and Physical Education

Building (pgs 6-8) 384,500

Central and North:

CSP #09-34 and CSP #09-36 (pg 9) 200,000

TOTAL OF ALL BIDS $1,312,792

II.

Construction Request #1 - 2008 Bond Program

Architectural and Engineering Services (pg 10) 13,050,000

TOTAL OF CONSTRUCTION REQUESTS 13,050,000

GRAND TOTAL: $14,362,792

COOPERATIVES AND CONTRACT RENEWALS


CONSTRUCTION RECAP

August 3, 2009

CONSTRUCTION REQUEST PROJECTS

2

Competitive Sealed Proposal #09-34

Regular Board Meeting August 3, 2009

Consideration of Approval for Central Campus Re-Roofing

ADMINISTRATION RECOMMENDATION/REPORT

The Chancellor recommends that the Board of Trustees approve a contract with RSI, Inc. for re-

roofing and related work of the Health Science Building and the Wilburn C. Frels Science Building at

Central Campus.

BACKGROUND

In March of 2009, Building Exterior Solutions began working to produce a design for Project #s 1903

and 1904 - Re-Roofing at Central Campus. The Board approved the competitive sealed proposal

method of procurement at their regular meeting on March 2, 2009 and a request for competitive

sealed proposals was issued on June 27, 2009. A pre-proposal meeting for interested contractors was

conducted on June 30, 2009 and proposals were received and opened on July 8, 2009. Five

contractors responded to the solicitation.

The proposals were evaluated and ranked based on the evaluation criteria published in the solicitation.

The scores were tabulated and it was determined that RSI, Inc. submitted the proposal that offered the

best value to District. The scoring and ranking results are attached. After negotiations with the

contractor, it is recommended that SJCCD enter into a contract with RSI, Inc. to perform the work at

Central Campus per the specifications that were incorporated into the solicitation documents.

IMPACT OF THIS ACTION

The scope of work this contractor will perform includes the removal of the buildings’ original roofing

systems and replace them with a new insulation system covered by three plies of Type 6 felt overlaid

with a white cap sheet. The Frels Science Building will also receive new overflow drains and piping.

BUDGET INFORMATION (INCLUDING ANY STAFFING IMPLICATIONS)

The total estimated expenditure for this project is $728,292. There is no impact on the operating

budget as this is a capital project.

MONITORING AND REPORTING TIMELINE

All work is scheduled to be completed ninety-four (94) calendar days from the Notice to Proceed.

ATTACHMENTS

Attachment 1 – Proposal Tabulation

Attachment 2 – Final Ranking

RESOURCE PERSONNEL

Dr. Ronald Rucker 281.998-6105 [email protected]

Bill Mattei 281.998.6122 [email protected]

3



Attachment No. 1Project Name Central Campus Re-RoofingCompetitive Sealed Proposal CSP #09-34Project Number 1903 & 1904

Number of Evaluators 5

Stated Criteria Criteria ExplanationWeighted

Percentage

Proposed amount of the base bid

Proposed construction contract amount base proposal. Lower amount equates to a higher score.

30 25.10 13.00 20.40 14.50 26.20

Proposed Length of Construction

Proposed contract construction time expressed in calendar days. Lesser duration equates to a higher score.

15 13.18 12.00 11.40 8.20 12.00

Reputation of the Contractor

References from project owners and architect/engineers on projects of similar size, scope, and value. Positive comments equate to a higher score.

11 10.40 7.00 7.00 6.80 7.40

Contractor's Experience and quality of performance on previous projects

Contractor's relevant and recent successful experience with projects of similar size, scope, complexity and value. Positive experiences equate to a higher score.

11 10.60 6.40 6.60 6.00 7.00

Subcontractor's experience and quality of performance on previous projects

Sub‐Contractor's relevant and recent successful experience with projects of similar size, scope, complexity and value. Positive experiences equate to a higher score.

10 8.80 6.40 7.00 6.20 6.20

Quality of Contractors written Safety and Drug/Alcohol Policy. Contractors current

k C i difiR

SI

Rel

iabl

e

Eas

ley

Con

stru

ctio

n John

A.

Wal

ker

Gul

f Sta

r

Safety record

Workmens Compensation Modifier. Number of Lost Time Incidents during the past five years and the associated total number of lost days. Number of Occupational Safety and Health Administration citations received during the past five years. Positive policies, lower modifier, lower number of incidents and lost days, and lower number of incidents and lost days, and lower number of citations equate to a higher score.

5 4.60 3.40 3.60 3.20 3.40

Project Personnel

Qualifications of the proposed project personnel to be assigned to the project. Greater qualifications and level of commitment equate to a higher score.

7 6.20 4.20 4.80 4.20 4.20

The likelihood that the proposer will perform competently without delay or interference

Quality and clarity of the Contractors Work Plan. Organization, staffing, and management of construction team personnel. Contractor's Current Work Load. Demonstration of Contractor's sensitivity to ongoing college operations and ability to accomodate the campus schedule. Demonstrated quality and clarity equate to a higher score.

6 4.80 3.80 3.80 3.40 3.40

Financial stability and bonding capacity

Number of years in business, and last three years audited financial statements. Single project limit, aggregate projects limit, and remaining bonding capacity prior to award of this project. Greater financial stability and greater bonding capacity equate to a higher score.

5 4.80 3.00 3.80 2.40 3.20

4

John A Walker 54 90 841 000

Final Ranking

Attachment No. 2

Project Name Central Campus Re-RoofingCompetitive Sealed Proposal #09-34Project Number 1903 & 1904

Vendor Name Total S

core

Price P

roposa

l

RSI 88.48 728,292

Gulf Star 73.00 701,700

Easley Construction 68.40 743,799

Reliable 59.20 859,000

John A Walker . 54 90. 841 000,

5

Competitive Sealed Proposal #09-36


Consideration of Approval for North Campus Re-Roofing


The Chancellor recommends that the Board of Trustees approve a contract with Gulf Star Roofing for

re-roofing and related work of the John W. Nichols, M.D., Health and Physical Education Facility at

the North Campus.

BACKGROUND

In March of 2009, Building Exterior Solutions began working to produce a design for Project #2902 -

Re-Roofing at North Campus. The Board approved the competitive sealed proposal method of

procurement at their regular meeting on March 2, 2009 and a request for competitive sealed proposals

was issued on was issued on June 27, 2009. A pre-proposal meeting for interested contractors was

conducted on June 30, 2009 and proposals were received and opened on July 8, 2009. Seven

contractors responded to the solicitation.

The proposals were evaluated and ranked based on the evaluation criteria published in the solicitation.

The scores were tabulated and it was determined that Gulf Star Roofing submitted the proposal that

offered the best value to District. The scoring and ranking results are attached. After negotiations

with the contractor, it is recommended that SJCCD enter into a contract with Gulf Star Roofing to

perform the work at North Campus per the specifications that were incorporated into the solicitation

documents.


The scope of work this contractor will perform includes the removal of the building’s original roofing

system and replace it with a new insulation system covered by three plies of Type 6 felt overlaid with

a white cap sheet. Nine deteriorated exhaust fans original to the building will also be replaced.


The total estimated expenditure for this project is $384,500. There is no impact on the operating

budget as this is a capital project.


All work is scheduled to be completed sixty (60) calendar days from the Notice to Proceed.

ATTACHMENTS

Attachment 1 – Proposal Tabulation

Attachment 2 – Final Ranking

RESOURCE PERSONNEL

Dr. Ronald Rucker 281.998-6105 [email protected]

Bill Mattei 281.998.6122 [email protected]

6



Attachment No. 1Project Name North Campus Re-RoofingCompetitive Sealed Proposal #09-36Project Number 2902Number of Evaluators 5

Stated Criteria Criteria ExplanationWeighted

Percentage

Proposed amount of the base bid

Proposed construction contract amount base proposal. Lower amount equates to a higher score.

30 15.80 20.80 16.40 18.20 22.80 21.80 26.60

Proposed Length of Construction

Proposed contract construction time expressed in calendar days. Lesser duration equates to a higher score.

15 5.40 15.00 7.60 4.20 7.60 8.60 15.00

Reputation of the Contractor

References from project owners and architect/engineers on projects of similar size, scope, and value. Positive comments equate to a higher score.

11 10.40 8.60 5.00 5.00 2.00 3.60 7.40

Contractor's Experience and quality of performance on previous projects

Contractor's relevant and recent successful experience with projects of similar size, scope, complexity and value. Positive experiences equate to a higher score.

11 10.40 7.80 5.60 5.20 2.40 3.40 7.60

Subcontractor's experience and quality of performance on previous projects

Sub‐Contractor's relevant and recent successful experience with projects of similar size, scope, complexity and value. Positive experiences equate to a higher score.

10 8.80 7.20 7.80 6.00 6.20 7.60 8.80

Quality of Contractors written Safety and Drug/Alcohol Policy. Contractors current Workmens Compensation Modifier. Number of Lost Time Incidents during the

SLM

C

onst

ruct

ion

Am

eric

an

Con

trac

ting

Gul

f Sta

r

Eas

ley

Con

stru

ctio

n

Sea

Bre

eze

RSI

John

A.

Wal

ker

Safety record

Number of Lost Time Incidents during the past five years and the associated total number of lost days. Number of Occupational Safety and Health Administration citations received during the past five years. Positive policies, lower modifier, lower number of incidents and lost days, and lower number of incidents and lost days, and lower number of citations equate to a higher score.

5 4.25 3.80 4.00 3.80 2.00 3.60 3.80

Project Personnel

Qualifications of the proposed project personnel to be assigned to the project. Greater qualifications and level of commitment equate to a higher score.

7 5.80 4.80 4.80 4.80 4.40 4.80 5.40

The likelihood that the proposer will perform competently without delay or interference

Quality and clarity of the Contractors Work Plan. Organization, staffing, and management of construction team personnel. Contractor's Current Work Load. Demonstration of Contractor's sensitivity to ongoing college operations and ability to accomodate the campus schedule. Demonstrated quality and clarity equate to a higher score.

6 2.80 3.00 3.00 3.00 2.60 3.00 3.40

Financial stability and bonding capacity

Number of years in business, and last three years audited financial statements. Single project limit, aggregate projects limit, and remaining bonding capacity prior to award of this project. Greater financial stability and greater bonding capacity equate to a higher score.

5 4.80 4.00 4.20 3.80 2.80 3.80 4.40

68.45 75.00 58.40 54.00 52.80 60.20 82.40 Total Weighted Scores

7

Easely Construction 58 40 $492 553

Final Ranking

Attachment No. 2

Project Name North Campus Re-RoofingCompetitive Sealed Proposal #09-36Project Number 2902

Vendor Name Total S

core

Price P

roposa

l

Gulf Star 82.40 $384,500

Sea Breeze 75.00 $437,000

RSI 68.45 $473,337

American Contracting 60.20 $411,460

Easely Construction 58 40. $492 553,

John A. Walker 58.40 $465,000

SLM Construction 54.00 $376,338

8

CSP #09-34 and CSP #09-36


Consideration of Approval for Childcare Contingency


The Chancellor recommends that the Board of Trustees approve a contingency amount of

$100,000 for each contract for the construction of the Central and North Campus Childcare

Lab Schools.

BACKGROUND

Morris Architects inadvertently omitted from the Designer’s construction specifications.


An amount of $100,000 will be added to each contract as contingency funding with

Construction Master’s of Houston for the construction of the Central Childcare Lab School

and the contract with Teal Contractors for the construction of the North Campus Childcare

Lab School respectively.


The expenditure of contingency funds, if any, will be from the 1999 Bond Program.


None

ATTACHMENTS

None

RESOURCE PERSONNEL

Ron Rucker 281-998-6105 [email protected]

Larry Logsdon 281-998-6120 [email protected]

9



Construction Request #1


Consideration of Approval to Purchase Architectural/Engineering Services


The Chancellor recommends that the Board of Trustees approve the following vendors to provide

architectural, engineering and consulting services associated with the 2008 Bond Program: ACR

Engineering, Bay Architects, Morris Architects/ DMA, Brooks & Sparks Engineering, Facilities

Programming, HTS Inc. Consultants and JDG Enterprises.

BACKGROUND

This request is for professional architectural, engineering and consulting services for the District. These

services will be utilized to assist in current and anticipated constructions projects that require project

planning, design, management, budget projections, construction documents and proposal selection.


These companies provide professional architectural, engineering and consulting services and are

therefore exempt from the state of Texas bidding laws per Section 44.031 (f) of the Texas Education

Code. Approval of the construction request will allow the College to access professional services for the

duration of the construction program or until termination of the program by the College.


The estimated expenditure for each firm is:

ACR Engineering $850,000

Bay Architects 6,200,000

Morris Architects / DMA 3,300,000

Brooks & Sparks Engineering 1,650,000

Facilities Programming 500,000

HTS Inc. Consultants 350,000

JDG Enterprises 200,000

$13,050,000


These expenditures will be funded by the 2008 Bond Construction Program. The expenditure of funds

will be monitored on an ongoing basis by the construction accountant and budget control as projects

progress. In addition, the construction program management consulting firm will monitor and update

provisional cost models for all phases of each bond-funded construction project and will provide cash

flow projection as well as contractor payment reports on a monthly basis for the duration of the Bond

Program.

ATTACHMENTS

None

RESOURCE PERSONNEL

Larry Logsdon 281-998-6120 [email protected]

Terrie Beasley 281-998-6349 [email protected]



I.

CENTRAL:

RFP # 09-41 - Golf Course Maintenance (pgs 3 - 4) $252,000

TOTAL OF ALL BIDS $252,000

II.

DISTRICT:

Purchase Request #1 - Annual Renewals (pgs 5 - 11) 18,560,608

Purchase Request #2 - Purchasing Co-ops (pgs 12 - 13)

Purchase Request #3 - Flood Insurance Renewal (pgs 14 - 17) 135,538

EDUCATIONAL TECHNOLOGY:

Purchase Request #4 - Consulting and Development Services (pg 18) 39,843

MAINTENANCE:

Purchase Request #5 - Painting Services (pg 19) 25,000

ITS:

Purchase Request #6 - Desktop Sofware & License (pg 20) 265,215

Purchase Request #7 - Additional Funds - Website Design & Consultation 476,000

(pgs 21 - 22)

TOTAL OF PURCHASE REQUESTS $19,502,204

GRAND TOTAL: $19,754,204

PURCHASE REQUESTS,

SOLE SOURCE VENDORS,

COOPERATIVES, AND CONTRACT RENEWALS


PURCHASE RECAP

August 3, 2009

EQUIPMENT, SUPPLIES & SERVICES BIDS

2

RFP #09-41


Consideration of Approval to Purchase Golf Course Maintenance Services


The Chancellor recommends that the Board of Trustees approve a contract with Long Green Turf to

provide golf course maintenance services to the Central Campus Golf Course.

BACKGROUND

A request for proposal, project number 09-41, was issued to procure golf course maintenance

services. One response was received and evaluated and the proposal of Long Green Turf was

determined to provide value to the District.


Approval of this contract will allow Long Green Turf to continue providing maintenance service to

the nine-hole golf course on Central Campus.


The estimated annual expenditure for this request is $252,000. This expenditure will be funded by

the Maintenance department’s operating budget for 2009-2010 and subsequent year budgets subject

to approval by the Board.


The initial contract term will be for one (1) year beginning September 1, 2009 with the option to

renew for four (4) additional one-year periods.

ATTACHMENTS

Attachment 1 - Proposal Tabulation

RESOURCE PERSONNEL

Don Netherton 281.478.2792 [email protected]

Randi Blinka 281.998.6106 [email protected]

3



Project Name Golf Course Maintenance

Project Number RFP 09-41

Number of Evaluators 3

Stated Criteria Criteria Explanation

Total

Points

Available Lon

g G

reen

Turf

, Inc.

Project Understanding

Technical approach to the

scope of services, breadth and

depth of the Plan Detail 30 28

Qualifications &

Experience of Firm

Firm’s references, experience,

and reputation 60 57

Qualificiations &

Experience of Personnel

Professional experience and

qualifications of the individuals

assigned to the account75 75

Business QuestionnaireFirm's ability to provide

necessary service 30 30

Price ProposalFirm's pricing respresentative

of the scope of services105 105

300 295

Total Points

Received

Final Ranking

Vendor Name Tot

al S

core

Vendor Name

295Long Green Turf, Inc.

4

Purchase Request # 1


Consideration for Annual Renewals

The following purchase requests encompass annual renewals for existing contracted vendors with the

District.

Fiscal Affairs $1,468,322

Bank of America to provide credit card merchant services, procured through RFP #06-18-946. This is the

fourth year of a four year contract. The estimated annual expenditure is $335,000.

JPMorgan Chase Bank to provide bank depository services, procured through RFP #06-18-946. This is

the fourth year of a four year contract. The estimated annual expenditure is $28,000.

Mir-Fox & Rodriguez, PC to provide annual audit services, procured through RFP #05-15-946. This is

the fifth year of a five year contract. The estimated annual expenditure is $50,000.

Patterson and Associates to provide investment services, procured through RFP #08-04. This is the

second year of a possible five year contract. The estimated annual expenditure is $33,000.

Texas Association of Community College (TACC) annual membership dues. Sole source number 1116.

The estimated annual expenditure is $55,000.

Mcliff Vending & Office Coffee Service to provide snack vending services, procured through RFP #09-

25. This is the second year of a possible five year contract. The estimated annual expenditure is $66,500.

TASB Risk Management Fund to provide Workers’ Compensation Insurance, procured through RFP #05-

18-953 and purchased through an Interlocal Agreement. Renewal rates will remain the same as the

previous year. The administrative fee, based on projected payroll, will be $125,822 with a claims liability

limit of $516,205, and we will receive $10,000 Membership Experience Renewal Reward (MERR) from

TASB.

Bill Beatty Insurance Agency (Chicago Insurance Co.) to provide Student Professional Liability

Insurance. Sole source number 1152. The estimated annual premium is $50,000.

Thompson & Horton LLP to provide legal services. The estimated annual expenditure is $150,000.

Martin Disiere, Jefferson, and Wisdom LLP to provide legal services. The estimated annual expenditure

is $50,000.

Daniel J. Snooks to provide legal services. The estimated annual expenditure is $75,000.

General Operations $2,145,000

ACT Inc. to provide placement entrance exams for the campus testing centers. Sole source number 1062.

Estimated annual expenditure is $110,000.

Office Max for general office supplies and paper, procured under the Purchasing Solutions Alliance

(PSA) cooperative purchasing contract # 08-100. The estimated annual expenditure is $636,000.

5




United States Postal Services for the campus post offices and mailing services. Sole source number 1106.


Popular Embroidery Designs to provide promotional materials and products, procured through RFP #08-

22. This is the second year of a possible four year contract. The estimated annual expenditure is

$155,000.

Lee Wayne Corporation to provide apparel/promotional products, procured through RFP #08-22. This is

the second year of a possible four year contract. The estimated annual expenditure is $60,000.

Elsevier Review and Testing to provide assessment testing and nursing apparel, procured through RFP

#08-08. This is the second year of a possible four year contract. The estimated annual expenditure is

$34,000.

Awards of Distinction, Klas Products Inc. and Newton Manufacturing to provide awards, trophies and

plaques, procured through RFP #09-10. This is the second year of a possible four year contract. The

estimated annual expenditure is $25,000.

Verizon Wireless to provide wireless phone service for approximately 250 phone lines, procured through

the GSA Federal Supply Schedule purchasing cooperative, contract #GS-35F-0119P. The current GSA

contract expires October 3, 2009. The estimated annual expenditure is $105,000.

B & H Photo and Video to provide photo supplies and equipment, procured through a cooperative

contract. The estimated annual expenditure is $75,000.

CDW-G to provide computer supplies and equipment, procured through a cooperative contract. The


M & A Technology to provide computer supplies and equipment, procured through a cooperative


MCP Connect to provide computer supplies and equipment, procured through a cooperative contract.


Southern Computer Warehouse (SCW) to provide computer supplies and equipment, procured through a

cooperative contract. The estimated annual expenditure is $100,000.

Troxell Communications to provide computer supplies and equipment, procured through a cooperative


Konika Minolta to provided leased copiers, procured through the DIR cooperative contract number DIR-

SDD 512. Estimated annual expenditure is $200,000.

Construction - $1,675,000

6




Professional architectural, engineering and consulting services for construction projects funded by

Construction, CIP, Grants and Campus funds. These services are procured as professional services.

ACR $200,000

Bay Architects $200,000

Building Exterior Solutions LLC $250,000

Brooks & Sparks $250,000

CRX $ 50,000

Clark-Tech Environmental Systems $150,000

Facilities Programming $ 50,000

HTS Inc. Consulting $ 75,000

JK Inc. $ 75,000

Morris/DMA Architects $200,000

Robert Hansen & Associates $ 75,000

JDG Enterprises $ 50.000

Ridgway’s Ltd for the Plan Well Document Management Suite. Sole source number 1246. The


Facilities $50,000

Siemens Building Technologies, Inc. to provide fire alarm and life safety systems. Sole source number

1235. The estimated annual expenditure is $50,000.

Maintenance $1,328,500

ADA Resources, Apache oil Company, O’Rouke Petroleum and Suncoast Resources Inc. to provide

gasoline and diesel fuel. Fuel purchases are exempt from competitive sourcing per the Texas Education

Code. The estimated annual expenditure is $203,000.

Houston Grotech Services to provide landscape maintenance services, procured through RFP #07-10.

This is the third year of a three year contract. The estimated annual expenditure is $220,000.

Waste Management to provide waste disposal services, procured through BID #09-16. This is the second

year of a possible four year contract. The estimated annual expenditure is $83,500.

BWI Companies to provide golf course maintenance supplies, procured through the BuyBoard purchasing

cooperative, contract number 292-08. The estimated annual expenditure is $30,000.

Grainger to provide maintenance repair supplies, procured through the Texas Multiple Award Schedule

(TXMAS) purchasing cooperative, contract number 2-539030. The estimated annual expenditure is

$35,000.

Matera Paper Company to provide janitorial supplies, procured through the BuyBoard purchasing


7




Pollock Paper Distributors to provide janitorial supplies, procured through the BuyBoard purchasing


Nalco Company to purchase water treatment services, procured through the Texas Procurement and

Support Services (TPASS) purchasing cooperative, contract number 885-96-7018. The estimated annual

expenditure is $100,000.

The Sherwin Williams Company to provide paint supplies, procured through the Texas multiple award

schedule (TXMAS) purchasing cooperative, contract number 5-51V010. The estimated annual


Voss Lighting to provide lighting supplies, procured through the Region 5 Educational Service Center

(ESC) purchasing cooperative. The estimated annual expenditure is $60,000.

Siemens Building Technologies, Inc. to provide maintenance and energy management systems products

and services. Sole source number 1189. The estimated annual expenditure is $50,000.

ABM Janitorial Services to provide janitorial personnel services procured through RFP # 04-98-910. The

contract has been extended through December 31, 2009. The estimated annual expenditure is $335,000.

Amtech Elevator Services to provide elevator maintenance and repair services procured through the

Horizon purchasing cooperative. This is the second year of a possible five year contract. The estimated

annual expenditure is $120,000.

Human Resources $29,000

AIG Retirement, AXA Equitable, ING and Security Benefit to provide employee retirement programs,

procured through RFP #08-17 and #09-04. This is the second year of a possible five year contract. All

investments sponsored by these firms are funded by voluntary salary reduction agreements by faculty and

staff into their individual Texas Optional Retirement Programs.

C.A. Short to provide merchandise for the service awards program, procured through RFP # 07-12. This

is the third year of a possible three year contract. The estimated annual expenditure is $29,000.

Lease Agreements $254,786

MSC/Plano Vista – District Annex Building. The combined annual lease rate is $132,446. The term of

the lease is 2/1/09 -1/31/12 for suites 201 and 211 and 8/1/09- 7/31/13 for suite 200.

CCI-711 Bay Area LTD for CPD training facilities. The annual lease rate is $71,400. The term of the

lease is 6/1/09 – 3/14/14.

Pearland Chamber of Commerce-Small Business Development Office. The annual lease rate is $50,940.

The term of the lease is 6/1/09 – 5/31/12.

8




Marketing $1,582,000

Academic Marketing Services to provide the College access to CareerFocus, a marketing publication.

Sole source number 1236. The estimated annual expenditure is $150,000.

Rick Johnson & Company to provide media advertising and planning consultant services procured

through RFP #07-32. This is the third year of a possible year three year contract. The estimated annual

expenditure is $1,000,000.

The Houston Chronicle and Hearst Newspaper Partnership -Houston Community Newspapers for

newspaper and online advertising. The estimated annual expenditure is $80,000.

International Mailing Systems, Inc. to provide direct mailing services procured through RFP #08-29.

This is the second year of a possible year four year contract. The estimated annual expenditure is

$97,000.

Classic Printers to provide printing services of advertising and marketing materials procured through Bid

# 08-31. This is the second year of a possible four year contract. The estimated annual expenditure is

$225,000.

Marfield Corporate Stationery to provide printing services for stationery products, procured through Bid

#08-32. This is the second year of a possible four year contract. The estimated annual expenditure is

$30,000.

ITS $3,816,000

Lan Walton to provide information technology consultation services. The estimated annual expenditure is

$350,000.

Ford AV to provide 5 classroom refit and installation services, procured through RFP # 05-26-880. This

is the fifth year of a possible five year contract. The estimated annual expenditure is $315,000.

Course Eval to provide the annual site license for Course Eval™, a web based course assessment system.

Sole Source number 1256. The estimated annual expenditure is $50,000.

SHI-Gov to provide the FrontRange software license and maintenance support agreement for the

College’s Heat ticket services, procured through the Texas Department of Information Resources contract

number DIR-SDD 294. The estimated annual expenditure is $50,000.

SHI-Gov to provide Adobe License agreements for all Adobe software products, procured through the

Texas Community College Teachers Association cooperative contract. The estimated annual expenditure

is $95,000.

Crystal Communications to provide cabling services procured through the Texas Department of

Information Resources contracts DIR-SDD-273 and DIR-SDD-679. The estimated annual expenditure is

$295,000.

9




Mythics. Inc. to provide the Oracle annual software license, procured through the Texas Department of

Information Resources, contract DIR-VPC-03-018. The estimated annual expenditure is $110,000.

PeopleAdmin to provide annual software licenses and maintenance for the PeopleAdmin Enterprise

software suite. Sole source number 1198. The renewal term is February 2, 2010 through February 1,


Touchnet to provide the annual software license and maintenance for the college’s Touchnet Payment and

Bill-Pay Suites. Sole source number 1214. The estimated annual expenditure is $140,000

Dell Financial Services LLC to provide computer leasing, procured through the Texas Department of

Information Resources, contract DIR-SDD-890. The estimated annual expenditure for the lease

schedules is $2,000,000.

TSI Incorporated to provide the annual site license and maintenance for AutoDesk and AutoCad software.

Sole Source number 1145. The renewal term is January 4, 2010 through January 3, 2011. The estimated


CDW-G to provide the annual license and maintenance for VM software, procured through the TCPN

cooperative contract. The estimated annual expenditure is $40,000.

Time Warner to provide internet access, procured through the DIR Texas 2000 contract. This is in the

second year of a three year contract. The estimated annual expenditure is $60,000.

AT&T to provide internet connection access, procured through the DIR Texas 2000 contract. This is in

the second year of a five year contract. The estimated annual expenditure is $90,000.

Information Builders to provide software maintenance for the Webfocus programs. Sole source number


Software Services of Delaware to provide the software license and maintenance for the Axiom web-based

application processing services in Banner. Sole source number 1093 The estimated annual expenditure

is $31,000.

Educational Technology $630,000

Blackboard to provide the annual software license and maintenance for the Blackboard online class

delivery and web support services. Sole source number 1225. The estimated annual expenditure is

$500,000.

Smarthinking to provide the annual software license and maintenance for Smarthinking online tutoring

services. Sole source number 1224. The estimated annual expenditure is $130,000.

Banner Project Management $445,000

10




Sungard to provide Banner training and consultation services. Sole source number is 1232. The estimated


SungardHE to provide the annual software license and maintenance for the Banner software system,

procured through the Texas A&M-Corpus Christi utilizing Texas Connection Consortium inter-local


Library Services $430,000

Oxford University Press, Amigos, Bowker, CollegeSource Inc., EBSCO, Infobase Publishing, Newsbank,

and Gale to provide access to digital library databases. Library purchases are exempt from competitive

sourcing as stated in Section 2155.139 of the Texas Government Code The estimated annual

expenditures for the databases are $230,000.

Innovative Interfaces Inc. to provide the annual software licenses and maintenance the Millennium

Integrated library system, procured through RFP # 08-11. The estimated annual expenditure is $45,000.

Baker & Taylor to provide library equipment and supplies. Library purchases are exempt from

competitive sourcing as stated in Section 2155.139 of the Texas Government Code. The estimated annual


Continuing and Professional Development $457,000

Professional training and consulting services for the Continuing and Professional Development Program.

LZ Technology $100,000

ePro LLC $100,000

Debby Treuil $ 30,000

Roberta Wright $ 45,000

DDI $ 50,000

Pearland Chamber of Commerce $ 52,000

GE Rhythum CRx Flex $ 80,000

Auxiliary Services $4,250,000

Barnes and Noble to provide bookstore operation services procured through RFP #07-21. This is the third

year of a possible ten year contract. The estimated annual expenditure is $4,250,000.

11

Purchase Request #2


Consideration of Approval of Purchasing Cooperatives


The Chancellor recommends that the Board of Trustees approve purchases on an as-need basis from

the list of purchasing cooperatives for the fiscal year 2009-2010.

BACKGROUND

The College participates in various purchasing cooperatives, group purchasing organizations,

government purchasing alliances, interagency agreements, bids and contracts both in and out of the

State of Texas. The purpose of the cooperatives is to provide lower prices and better quality products

for educational institutions belonging to the cooperatives and allows the District to take advantage of

leveraged buying available through these various agreements. The contracts provided through these

cooperatives are competitively bid and comply with the State of Texas competitive bidding

requirements. Single purchases of $25,000 and above still require Board approval.


The purchase of products and services through competitively bid purchasing cooperatives help San

Jacinto College leverage its buying power allowing it to procure goods and services at the best value

for the District. Buying through the cooperatives meets the requirements of the State Bidding Laws

and SJCCD Purchasing Policies.


Goods and or services purchased through the cooperatives will be budgeted by the campus or

departmental budgets.


None

ATTACHMENTS

Attachment 1 - List of Purchasing Cooperatives

RESOURCE PERSONNEL

Ken Lynn 281.998.6303 [email protected]

Ann Kokx-Templet 281.998.6103 [email protected]

12



Purchase Request #2


Consideration of Approval of Purchasing Cooperatives

Attachment #1 – List of Purchasing Cooperatives

BuyBoard - Texas Association of School Boards

Educational & Institutional Cooperative Purchasing (E&I)

Direct Medical

Harris County Department Education (HCDE)

Horizon Resource Group

Houston-Galveston Area Council (H-GAC)

Provista

Purchasing Solutions Alliance (PSA)

Region 2 Education Service Center (ESC)

Region 5 Education Service Center (ESC)

Tarrant County Cooperative Purchasing Program

Texas Community College Teachers Association (TCCTA)

Texas Department of Information Resources (DIR)

Texas Interlocal Purchasing System (TIPS)

Texas Multiple Sward Schedule (TXMAS)

Texas Procurement and Support Services (TPASS)

Texas State Management Travel Program (TSTMP)

The Cooperative Purchasing Network (TCPN) Region IV

U.S. Communities Government Purchasing Alliance

13



Consideration of Approval to Renew Flood Insurance Policy


The Chancellor recommends that the Board of Trustees approve a contract renewal of flood insurance

coverage provided by Rick Tinker Insurance for the 2009-2010 fiscal year.

BACKGROUND

Since Hurricane Katrina caused extensive damage in New Orleans in 2005, and more recently with

Hurricane Ike, insurance coverage in the Gulf Coast region has undergone major changes. The

College previously purchased insurance for an annual term of September 1st to August 31

st. This

policy term coincided with the College fiscal year. While convenient for budgeting purposes, such a

policy year isn’t desirable for insurance coverage and pricing reasons.

At the regular Board meeting on June 1, 2009 The Board approved the extension of the existing

property casualty insurance coverage to extend through April 30, 2010. Due to the time required to

process and bind coverage for flood insurance, the agent did not have the lead time required to

process short policy year policies to begin September 1st

so the flood insurance policy was not

extended with the other property and casualty insurance at that time.


Approval of this request will renew flood insurance coverage for the College District on a September

1 to August 31 policy year, but will be cancelled on April 30, 2010 and reissued for a May 1, 2010 to

April 30, 2011 period which will have the flood insurance and property casualty insurance policies

run concurrently for the new policy year. Flood insurance is written through the National Flood

Insurance Program (NFIP) and the Rick Tinker Insurance agency. Because the major claims related to

Hurricane Ike were windstorm related, the flood insurance premiums remains unchanged from the

previous fiscal year.


The total estimated expenditure for this request is $135,538. The premiums will be funded from the

2009-2010 District Non-Departmental accounts.


None

ATTACHMENTS

Attachment 1 – Flood Coverage Proposal

RESOURCE PERSONNEL

Kenneth Lynn 281.998.6306 [email protected]

Ann Kokx-Templet 281.998 .6103 [email protected]

Nancy McShane 281.998.6303 [email protected]

14




--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- - -------

- - ----

FLOOD INSURANCE INVOICE FOR SAN JACINTO COLLEGE DISTRICT Payable to: FARMERS INSURANCE C/O 2009-2010 Rick Tinker Insurance and Financial Services TOTAL AMOUNT DUE $135,538.00

============================================================================================================ FLOOD FLOOD POLICY/

BLD BUILDING BUILDING CONTENTS CONTENTS FLOOD QUOTE # BUILDING LIMIT DEDUCTIBLE LIMIT DEDUCTIBLE PREMIUM NUMBER

-DISTRICT OFFICE - 4624 FAIRMONT PARKWAY: 1A THOMAS SEWELL DIST. ADMIN 500,000.00 500.00 500,000.00 500.00 $2,530.00 87-02819844

SUBTOTAL DISTRICT 500,000.00 500.00 500,000.00 500.00 $2,530.00

---- -- - -- ---_. CENTRAL CAMPUS - 8060 SPENCER HIGHWAY:

MCCOLLUM COMPLEX 2A McCollum Administration 2A 500,000.00 500.00 500,000.00 500.00 $2,530.00 87-02819849 :=2A 1+ McCollum West Wing 2A 1 + Common 500,000.00 500.00 500,000.00 500.00 $2,530.00 87-02819850 2A2+ McCollum East Wing 2A2 + Common 500,000.00 500.00 500,000.00 500.00 $2,530.00 87-02819854 2A3+ McCollum North Wing 2A3 + Common 500,000.00 500.00 500,000.00 500.00 $2,530.00 87-02819856 2B SLOCUM FINE ARTS AUD. 500,000.00 500.00 500,000.00 500.00 $4,235.00 87-02819859 2C NEWTON STUDENT CENTER 500,000.00 500.00 500,000.00 500.00 $2,530.00 87-02819862 20 LEE DAVIS LIBRARY 500,000.00 500.00 500,000.00 500.00 $2,530.00 87-02819864

BALL TECHNICAL COMPLEX 2E+ Ball Technical 2E +Common 500,000.00 500.00 500,000.00 500.00 $2,530.00 87-02819866 2E1+ Anderson Technical2E1 + Common 500,000.00 500.00 500,000.00 500.00 $2,530.00 87-02819868 2E2+ Davison Technical 2E2 500,000.00 500.00 500,000.00 500.00 $2,530.00 87-02819871 2F ANDERS GYM COMPLEX 2F 500,000.00 500.00 500,000.00 500.00 $2,530.00 87-02819873

CENTRAL SCIENCE COMPLEX 2G Frels Science Building 2G 500,000.00 500.00 500,000.00 500.00 $2,530.00 87-02819877 2G1+ Henrich Science Building 2G1 + Cammal 500,000.00 500.00 500,000.00 500.00 $2,530.00 87-02819880 2H SCIENCE LECTURE BUILDING 500,000.00 500.00 200,000.00 500.00 $1,900.00 87-04286360 21 MAINTENANCE SHOP 450,000.00 500.00 50,000.00 500.00 $1,429.00 87-04286361 2J VOCATIONAL BLDG #1 500,000.00 500.00 500,000.00 500.00 $2,530.00 87-02819886 2K VOCATIONAL BLDG #2 500,000.00 500.00 500,000.00 500.00 $2,530.00 87-02819887 2L VOCATIONAL BLDG #3 500,000.00 500.00 500,000.00 500.00 $2,530.00 87-02819889 2M MECHANICAL BUILDING 500,000.00 500.00 50,000.00 500.00 $1,504.00 87-04286363

15

--- -----

--

- ----

2N HEALTH SCIENCE BUILDING 500,000.00 500.00 500,000.00 500.00 $2,530.00 87-02819907

Maintenance Annex 0.00 0.00 0.00 0.00 $0.00 Golf Maintenance 0.00 0.00 0.00 0.00 $0.00

2P GOLF PRO SHOP 350,000.00 500.00 50,000.00 500.00 $1,297.00 87-04286365 2Q MAINTENANCE BUILDING #2 150,000.00 500.00 50,000.00 500.00 $885.00 87-04286366 2S MUSIC BLDG 500,000.00 500.00 500,000.00 500.00 $2,530.0087-02819917 2T INTERACTIVE LEARNING CTR 500,000.00 500.00 500,000.00 500.00 $4,235.00 87-02819919

SUBTOTAL CENTRAL 11,450,000.00 12,000.00 9,900,000.00 12,000.00 $58,495.00

-NORTH CAMPUS - 5800 UVALDE:

SPENCER COMPLEX 3A Spencer Administration Building 500,000.00 500.00 500,000.00 500.00 $4,235.00 87-02819925 3A 1+ Brightwell Technical Bldg 3A 1 + Commor 500,000.00 500.00 500,000.00 500.00 $2,530.00

3A3 Wheeler OcclTech Bldg 500,000.00 500.00 500,000.00 500.00 $2,530.00 87-02819932

87-02819928 3A2+ Burleson Classroom Bldg 3A2 + Commol 500,000.00 500.00 500,000.00 500.00 $2,530.00 87-02819929

-- "

3B SLOVACEK L.RC BUILDING 500,000.00 500.00 500,000.00 500.00 $4,235.00 87-02819933 3C MECH. MAINTENANCE BLDG 500,000.00 500.00 100,000.00 500.00 $2,571.00 87-04286367 3D NICHOLS PHYS EDUC BLDG 500,000.00 500.00 450,000.00 500.00 $2,440.00 87-04286369 3E EDWIN E. LEHR LIBRARY 500,000.00 500.00 500,000.00 500.00 $4,235.00 87-02819941 3F OGDEN CHILD CARE OFFICE 400,000.00 500.00 150,000.00 500.00 $1,699.00 87-04286371 3H VOCATIONAL BLDG 500,000.00 500.00 500,000.00 500.00 $2,530.00 87-02819947 31 MAINTENANCE OFFICE 350,000.00 500.00 50,000.00 500.00 $1,297.00 87-04286373 3J COMMERCIAL WELDING 500,000.00 500.00 500,000.00 500.00 $2,530.00 87-02819951 3K CONSTRUCTION TECHNOLOGY 500,000.00 500.00 150,000.00 500.00 $1,774.00 87-04286375 3L VEHICLE STORAGE 150,000.00 500.00 50,000.00 500.00 $885.00 87-04286376 3M FINE ARTS - MUSIC 500,000.00 500.00 500,000.00 500.00 $2,530.00 87-02819958 3N INTERACTIVE LEARNING CTR 500,000.00 500.00 500,000.00 500.00 $4,235.00 87-02819959

SUBTOTAL NORTH 7,400,000.00 8,000.00 5,950,000.00 8,000.00 $42,786.00

SOUTH CAMPUS - 13735 BEAMER ROAD: --

LONGENECKER COMPLEX " 4A Longenecker Administration Building 500,000.00 500.00 500,000.00 500.00 $2,530.00 87-02819977

4A 1+ Longenecker North Wing + Common 500,000.00 500.00 500,000.00 500.00 $2,530.00 87-02819978 4A2+ Longenecker South Wing + Common 500,000.00 500.00 500,000.00 500.00 $2,530.00 87-02819981 4B SMALLWOOD HEALTH AND PE 500,000.00 500.00 400,000.00 500.00 $2,344.00 87-04286434

16

40 JONES VOCATIONALITECH BLDG 500,000.00 500.00 500,000.00 500.00 $2,530.00 87-0281989 4E MAINTENANCE BUILDING 500,000.00 500.00 50,000.00 500.00 $1,504.00 87-04286380 4F AUTO BODY & PAINT SHOP 500,000.00 500.00 200,000.00 500.00 $1,900.00 87-04286379 4G BRUCE STUDENT UNION BLDG 500,000.00 500.00 500,000.00 500.00 $2,530.00 87-02819997 4H PARKER WILLIAMS LIBRARY 500,000.00 500.00 500,000.00 500.00 $2,530.00 87-02820002 41 FINE ARTS - MUSIC 500,000.00 500.00 500,000.00 500.00 $2,530.00 87-02820005 4J INTERACTIVE LEARNING CTR 500,000.00 500.00 500,000.00 500.00 $4,235.00 87-02820008 4L NEW MECHANICAL BLDG 500,000.00 500.00 50,000.00 500.00 $1,504.00 87-04286378

SUBTOTAL SOUTH 6,000,000.00 6,000.00 4,700,000.00 6,000.00 $29,197.00

ADDITIONAL STRUCTURES ATHLETIC FACILITIES BLDG 500,000.00 500.00 500,000.00 500.00 $2,530.00 87-02851588

SUBTOTAL ADDITIONAL STRUCTURE 500,000.00 500.00 500,000.00 500.00 $2,530.00

GRAND TOTAL 25,850,000.00 27,000.00 21,550,000.00 27,000.00 $135,538.00

17



Consideration of Approval for Consulting and Development Services


The Chancellor recommends that the Board of Trustees approve the purchase of virtual world

consulting and development services from the New Media Consortium.

BACKGROUND

The San Jacinto College instructional project will establish an initial College presence in the virtual

world Second Life which will enable faculty innovation to enhance learner engagement and success.

The first phase of the project includes developing an institutional space with a general learning venue,

an information kiosk and orientation materials and resources for faculty and learners. Space will be

available for faculty developed projects and initiating collaboration within the college and the

surrounding educational community.


This purchase is for the design and construction services and ongoing consultation necessary to

support the completion of the first phase and facilitate continued development of the instructional

space. This project will support the College’s goals by enhancing student learning through excellence

in teaching. Second Life provides the opportunity for innovative instructional delivery and

technology in instructional activities and enhances instructional and student services available

through distance learning and off-campus instructional delivery systems. The instructional project

will also increase the visibility of the College in the communities that the College serves by building

and expanding existing partnerships through learning opportunities.


The turnkey cost of these consulting and development services, a captive purchase with the NMC

subsequent to the original lease agreement, is $12,000. This expenditure is funded from the

Educational Technology Services 2008-2009 budget. This is in addition to previous expenditures

with NMC this academic year of $27,843 for the leasing of virtual “real estate” on the Second Life

mainframe and completion of the separate, competitively bid Texana project. The total expenditure

for services provided by NMC related to this project is $39,843.


None

ATTACHMENTS

None

RESOURCE PERSONNEL

Niki Whiteside 281.929.4618 [email protected]

Chris Duke 281.459.7659 [email protected]

Jerry Ward 281.998.6328 [email protected]

18





Consideration of Approval to Purchase Painting Services


The Chancellor recommends that the Board of Trustees approve the purchase of painting services

from Kellogg, Brown and Root Services (KBR).

BACKGROUND

The maintenance department receives a high volume of repair requests in order to maintain all the

College facilities. This number increases dramatically during the summer months in an effort to

prepare facilities for the upcoming fall semester. Due to staffing limitations, the existing painting

staff is unable to address all of the requests received throughout the fiscal year in the timeframe

required. This purchase will be procured through The Cooperative Purchasing Network (TCPN)

cooperative contracts program. TCPN contracts have been executed from solicitations that were

competitively bid and awarded. The TCPN contract number for KBR is R4895. This purchase is

complies with the competitive bid requirement per Section 791.001 (g) and 44.031 of the Texas

Education Code.


If approved, the maintenance department would utilize an outside contractor, KBR, on an as-needed

basis to supplement the existing staff in order to adequately respond to requests for painting services

throughout the District in order to clear the backlog of requests received during the very busy

Summer months. Scheduling of projects is dependent upon the utilization of the building and

coordinating the time that work can be accomplished is limited due to consideration of student,

faculty and staff’s presence in each facility.


The estimated expenditure for this request is $25,000 and is funded by the Maintenance department’s

2008-2009 operating budget.


None

ATTACHMENTS

None

RESOURCE PERSONNEL

Don Netherton 281.478.2792 [email protected] Randi Blinka 281.998.6106 [email protected]

19





Consideration of Approval to Purchase Virtual Desktop Software


The Chancellor recommends that the Board of Trustees approve a purchase from Dell Computers for

software and installation services to provide a virtual desktop system.

BACKGROUND

The development of a virtual desktop system is being planned in order to provide a portal interface which

will allow students, faculty and staff remote access to existing San Jacinto College computer systems.

This interface will provide the ability to log in to any of the San Jacinto College computer systems

features from any remote computer or mobile device. It affords the capability to provide assistance from a

remote location in order to troubleshoot problems and is configurable to exhibit the information in a

variety of display modes. The virtual desktop will enable all registered users access to all of the San

Jacinto College programs such as Banner, SOS, BlackBoard and email through a single access point. The

increased storage capacity will also provide expanded email storage. There are several components that

make up the package which are itemized below:

Stoneware WebNetworks = $92,600

Stoneware 1 year support = $2,205

Stoneware Training = $4,410

Servers and storage for Dell desktop streaming and Stoneware = $145,000

Installation services = $21,000

This purchase will be made utilizing the State of Texas Department of Information Resources (DIR)

cooperative contracts program. The contract number is DIR-SDD-890 and is exempt from competitive

sourcing per Section 44.031 of the Texas Education code.


Approval of this request will allow all students, faculty and staff access to all San Jacinto College

applications, services, documents and data from anywhere using any computer and mobile device. The

system will support the delivery of technologically enhanced learning and distance learning.

BUDGET INFORMATION

The total expenditure for this request is $265,215. This expenditure is funded through the ITS

department’s 2009-2010 operating budget.


None

ATTACHMENTS

None

RESOURCE PERSONNEL

Will Sydnor 281-998-6137 [email protected]

Jerry Ward 281-998-6328 [email protected]

20




Regular Board Meeting; August 3, 2009

Consideration To Approve Website Consultation


The Chancellor recommends that the Board of Trustees approve a request for additional funds to Lan

Walton for the College’s web design and website consultation.

BACKGROUND

The College originally entered into a contract with Lan Walton in July 2006 to provide professional and

consulting management services for the ITS department. The agreement was most recently renewed and

approved by the Board in April 2009. This request is outside of the scope of services stated above and

will encompass technical and consulting services in addition to what has previously been approved by the

board. The provisions of consulting services for College’s provided by Lan Walton with regard to the

website project are listed below:

customization of open source content management system to replace licensed system

development of page content, migration and creation of departmental web pages

creation of CPD registration assistant and quick registration integration with Banner

creation of sites for the College’s Athletic teams and performing and visual arts programs

modification to layout of Blackboard for design consistency

creation of internal departmental page templates and assistance in the creation of district

department pages

creation of a mobile version of the College’s website

development of Facebook connect application for instructors and academic departments

Lan Walton is a professional program management firm which provides professional management

services and is exempt from the state of Texas bidding laws as provided for in Section 44.031 (f) of the

Texas Education Code.


Approval of this purchase will accelerate the delivery of a comprehensive online presence that will:

eliminate recurring license fees for content management system realizing a $60,000 savings

annually

improve the registration process for CPD registration and reduce manual effort

provide the community and staff with access to district and campus services departmental

information

integrate Blackboard to a uniform style and layout that improves visual presence and student’s

experience with the product

allow the community to access the College’s website in a mobile friendly format

improve online presence for the College, the athletic teams and arts programs

allow academic departments and faculty to utilize Facebook for instructional purposes in a

standard format that safely integrates with Blackboard and College systems

improve prospective students’ understanding of programs through online video introductions

explaining areas of study

21


Regular Board Meeting; August 3, 2009

Consideration To Approve Website Consultation

BUDGET INFORMATION

The estimated annual expenditure to provide web design and website consultation for the 2009-2010

fiscal year is $476,000. This expenditure is funded through the ITS department’s 2009-2010 budget.


None

ATTACHMENTS

None

RESOURCE PERSONNEL

Kenneth Lynn 281.998.6306 [email protected]

Ann Kokx-Templet 281.998.6103 [email protected]

22



Item “B” Regular Board Meeting August 3, 2009

Consideration of Budget Transfers

ADMINISTRATION RECOMMENDATION/REPORT The Chancellor recommends the Board of Trustees approval of budget transfers for 2008-2009 which have been made in accordance with State accounting procedures. BACKGROUND Adoption of the budget by the Board of Trustees in August of each year serves as the authorization to expend funds for the next fiscal year. The budget is adopted by functional classification (or cost elements: Instruction, Academic Support, Student Services, Institutional Support, and Operation and Maintenance of Plant) as defined by the National Association of College and University Business Officers (NACUBO). Realizing that the budget reflects the evolving needs of the District in terms of meeting goals and objectives, occasional movement of budgeted funds between cost elements is desirable and warranted. The budget transfers under consideration represent previously authorized expenditures that are requested to be reclassified from one cost element to another cost element. IMPACT OF THIS ACTION Approval of the budget transfers will allow the District to more effectively utilize existing resources in fulfilling its instructional objectives. BUDGET INFORMATION (INCLUDING ANY STAFFING IMPLICATIONS) None – reclassification of existing authorizations. MONITORING AND REPORTING TIMELINE None ATTACHMENTS Attachment 1 – Budget Transfers RESOURCE PERSONNEL Ken Lynn 281.998.6306 [email protected] Mini Izaguirre 281.998.6347 [email protected]



AUXILIARY

SAN JACINTO COLLEGE DISTRICTBudget Transfers For The August 3, 2009 Board Meeting

Fiscal Year 2008/2009

ELEMENT OF COST DEBIT CREDITDISTRICT

INSTRUCTION -$ -$ PUBLIC SERVICE - - ACADEMIC SUPPORT 750 STUDENT SERVICES - 3,900 INSTITUTIONAL SUPPORT 750 29,069 PHYSICAL PLANT - - AUXILIARY ENTERPRISES - -

CENTRALINSTRUCTION 7,183 1,700 PUBLIC SERVICE - - ACADEMIC SUPPORT 50 432 STUDENT SERVICES 16,456 250 INSTITUTIONAL SUPPORT 3,900 50 PHYSICAL PLANT 750 - AUXILIARY ENTERPRISES - -

NORTHINSTRUCTION 2,109 - PUBLIC SERVICE - - ACADEMIC SUPPORT - - STUDENT SERVICES - 500 INSTITUTIONAL SUPPORT - - PHYSICAL PLANT - - AUXILIARY ENTERPRISES ENTERPRISES - -

SOUTHINSTRUCTION 143,296 15,528 PUBLIC SERVICE - - ACADEMIC SUPPORT - 19,709 STUDENT SERVICES 30,306 - INSTITUTIONAL SUPPORT - 130,912 PHYSICAL PLANT - 2,000 AUXILIARY ENTERPRISES - -

204,800$ 204,800$

These transfers reflect adjustments of budgetary allocations betweencampuses and departments.

CENTRAL13,207$ SPECIAL POPULATIONS - SIGN SHARE13,207$

SOUTH10,738$ STUDENT DEVELOPMENT - REUPHOLSTER CHAIRS AND SOFAS15,000 STUDENT DEVELOPMENT - PART-TIME STAFF31,359 ADN MOBILITY - VIRTUAL IV ARM15,025 COSMETOLOGY - STORAGE STATIONS, PHONES, MOUNTS, CABINETS23,190 ART - ADOBE CS427,938 BIOLOGY - MICROSCOPE, HOT PLATES, DIGITAL SPECTROPHOTOMETER

123,250$

Attachment 1 – Budget Transfers

Action Item “D” Regular Board Meeting August 3, 2009 Approval of the Affiliation Agreements

RECOMMENDATION Recommend Board approval of the following Affiliation Agreements:

1. Affiliation Agreement between San Jacinto College North Campus Health Science Department and Swedish Medical Center;

2. Affiliation Agreement between San Jacinto College Central Campus Associate Degree Nursing Department and Memorial Hermann Texas Institute of Rehabilitation and Research.

RATIONALE The Affiliation Agreements were reviewed by the College Attorney. FISCAL IMPLICATIONS TO THE COLLEGE None CONTACT PERSONNEL Daniel J. Snooks, Attorney for San Jacinto College District

Action Item “E” Regular Board Meeting August 3, 2009

Approval of the Next Regularly Scheduled Meeting

RECOMMENDATION The next regularly scheduled meeting of the Board of Trustees will be September 14, 2009.

Board of Trustees Meeting August 3, 2009€¦ · Trelleborg CRP, Inc. $1,750 Scholarships In/Out...

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