The Board of Governors of the California Community Colleges

Transcription

1 The Board of Governors of the California Community Colleges LEAVE BLANK PRESENTED TO THE BOARD OF GOVERNORS DATE: January 14, 2019 SUBJECT: Approval of Contracts and Grants Item Number: 2.1 Attachment: No CATEGORY: Executive TYPE OF BOARD CONSIDERATION: Recommended By: Consent/Routine Dr. Daisy Gonzales, Deputy Chancellor First Reading Approved for Consideration: Eloy Ortiz Oakley, Chancellor Action Information X ISSUE: This item presents contracts and grants to the Board of Governors for approval. BACKGROUND: The Procedures and Standing Orders of the Board of Governors (Sections 318 and 319) require the chancellor to receive board approval before entering into contract or grants (or amendments of contracts or grants) which are: in excess of $100,000; or over three years in duration; or with respect to consulting services, in excess of $50,000. For each board meeting, staff prepares a summary of all currently proposed contracts and grants that exceed any of the established thresholds. If there are no proposed contracts or grants that exceed the established thresholds, the board will be so informed at its meeting. RECOMMENDATION: It is recommended that the Board of Governors approve entering into the contracts and grants described in the January 2019 agenda.

2 ANALYSIS: This item provides summaries of contracts and grants recommended for board approval. In addition, Standing Order Numbers 318 and 319, which govern board action on contracts and grants are included for reference. Below is an overview of the contracts and grants contained in this item: Item 1 is a new contract, awarded through a competitive process, to support the work of the Student Centered Funding Formula Oversight Committee. Education Code , as amended by Assembly Bill 1840 (2017), requires the Chancellor s Office to enter into a contract to establish staffing support for the work of the Oversight Committee. Item 2 is a purchase order to replace the Chancellor s Office core networking equipment with modern technology, including appropriate vendor support services. Items 3 and 4 are new interagency agreements with the California Department of Education to support agency local assistance and administration and the objectives of the Carl D. Perkins Career Technical Education Act. Item 5 is a renewal contract, non-competitive, under the Carl D. Perkins Career and Technical Education Act to set aside funds to serve individuals in state institutions. Item 6 is a renewal grant, non-competitive, per the Carl D. Perkins Career and Technical Education Act to set-aside funds, to serve individuals seeking employment in non-traditional careers. Item 7 is an inter jurisdictional exchange (IJE) contract with Long Beach Community College District for the hiring of a Vice Chancellor, Workforce and Economic Development.

3 (1) College Finance and Facilities Planning Division Contractor or Grantee: Contract or Grant Number: Term: Total Project Length: Project Year: Bid Process: RFP Specification Number: RFP Specification Title: Number of Proposals Received: Number that Met Minimum Score: Readers: Contract (Student Centered Funding Formula Oversight Committee/Outgoing funds) West Ed C January 16, 2019 December 31, 2021 Three Years Year One of Three Up to $635,625 Competitive Student Centered Funding Formula Oversight Committee Two Two Three Purpose: Reason for BOG Approval: The purpose of this contract is to support the work of the Student Centered Funding Formula Oversight Committee. Education Code , amended by Assembly Bill 1840 (2017), required the Chancellor s Office to issue a request for applications to provide staffing support to the Oversight Committee. The committee, comprised of representatives of the Assembly, Senate, and Department of Finance, selected West Ed to perform the staffing services. This contract is required to fund West Ed s services to the committee. Standing Order 319 states that the Board of Governors must approve contracts that exceed the amount of $100,000. Not applicable. This is a new contract. The goals for the proposed term is to provide project management services, technical advice, and administrative support to the Student Centered Funding Formula Oversight Committee. The committee is charged with reviewing and making recommendations to the Legislature and the Department of Finance, by January 1, 2020, regarding inclusion of measures (as part of the calculation of the supplemental allocation) related to a student s status as a first-generation college student, a student s financial need given consideration of a student s region, and a student s entering academic proficiency (based on high school performance). The committee is also expected to review, by June 30, 2021, funding for noncredit instruction and

4 instruction delivered pursuant to instructional service agreements, and the methods by which district allocations could be adjusted in a recession. (2) Digital Innovation and Infrastructure Division FI$Cal Funding Information Contractor or Grantee: Contract or Grant Number: Term: Total Project Length: Project Year: Bid Process: Number of Proposals Received: Number that Met Minimum Score: Purchase Order General Fund AMS.NET PO N/A N/A FY Up to $160, Request for Quote (RFQ) Solicitation Three Three Purpose: Reason for BOG Approval: The Digital Innovation and Infrastructure (DII) division is undertaking a project to replace the Chancellor s Office core networking infrastructure. The current infrastructure was procured and installed in 2010 and is no longer supported by the vendor. This leaves the agency infrastructure vulnerable in the event of system failure. The infrastructure must be upgraded to ensure stability of the agency s information technology assets. Standing Order 318 states that the Board of Governors must approve contracts that exceed the amount of $100,000. Not applicable. Replace the Chancellor s Office core networking equipment with modern technology, including appropriate vendor support services. (3) Workforce and Economic Development Division Contractor: Contract Number: Term: Total Project Length: Contract (Interagency Agreement/Incoming funds) California Department of Education 19-REC-01 July 1, 2019 June 30, 2020 One Year

5 Project Year: Bid Process: Year One of One Depending Upon Federal Action Exempt for Interagency Agreements Purpose: The purpose of the interagency agreement with the California Department of Education is to support local assistance through the Career Technical Education program. These funds will allow the field to provide professional development opportunities to faculty, to create advisory councils, to develop regional collaboratives, and to design and share strategies that support the objectives of the Carl D. Perkins Career Technical Education Act of Reason for BOG Approval: Interagency Agreement exceeds the amount of $100,000. Not applicable. This contract addresses all 6 areas of the Vision For Success. The requirements for Uses of Perkins IV, Title I, Part C Section 132 Funds are: 1. Strengthen academic and career technical skills of students thru integration; 2. Link CTE secondary and postsecondary programs (at least 1 program of study); 3. Provide students with strong experience and understanding in all aspects of an industry Work-Based Learning (WBL); 4. Develop, improve or expand use of technology 5. Professional development; 6. Evaluate programs with emphasis on special populations 7. Initiate, improve, expand and modernize quality programs; 8. Provide activities, services and be of sufficient, size, scope and quality; and 9. Prepare special populations for high skill, high wage, or high demand, occupations. (4) Workforce and Economic Development Division Contractor: Contract Number: Contract (Interagency Agreement/Incoming Funds) California Department of Education 19-REC-02

6 Term: Total Project Length: Project Year: Bid Process: July 1, 2019 June 30, 2020 One Year Year One of One Depending Upon Federal Action Exempt for Interagency Agreements Purpose: The purpose of the interagency agreement with the California Department of Education is to support agency administration of the Carl D. Perkins Career Technical Education Act. These funds will be utilized internally to support the objectives of the Carl D. Perkins Career Technical Education Act of Reason for BOG Approval: Interagency Agreement exceeds the amount of $100,000. Not applicable. This contract addresses all 6 areas of the Vision For Success. Perkins Title I-B State Leadership funds will support statewide subject matter and industry sector advisory committees. In order to have a process for direct linkages between faculty and administrators with representatives from business, industry, and labor on a statewide basis, the Chancellor s Office has established a state-level career and technical education advisory committee structure. All committees are concerned with the improvement of career and technical education for students, and the competencies required by employers. (5) Workforce and Economic Development Division Contractor: Contract Number: Term: Total Project Length: Project Year: Bid Process: Contract (Interagency Agreement/Outgoing Funds) California Department of Rehabilitation and Corrections R July 1, 2019 June 30, 2020 One Year Year One of One Depending Upon Federal Action Exempt for Interagency Agreements/Non-Competitive Purpose: The Carl D. Perkins Career Technical Education Act of 2006 requires a state mandated set-aside to serve individuals in state institutions, including state correctional institutions and other state institutions that serve individuals with disabilities. The amount must be equal to, and not to

7 exceed, one percent of Carl D. Perkins funds received by the Chancellor s Office. The Chancellor s Office annually transfers Carl D. Perkins to the California Department of Corrections and Rehabilitation. Reason for BOG Approval: Standing Order 318 states that the Board of Governors must approve contracts that exceed the amount of $100,000. Not applicable. This contract addresses all 6 areas of the Vision For Success. Specifically, Goal 5 reduces equity gaps across all the Vision for Success measures through faster improvements among traditionally underrepresented student groups, with the goal of cutting achievement gaps by 40 percent within 5 years and fully closing those achievement gaps within 10 years. California Community Colleges Chancellor s Office (CCCCO) have entered into an Interagency Agreement for inmate education to expand access to community college courses that lead to degrees or certificates with an emphasis in Career Education (CTE) skills or transfer to a four-year university. (6) Workforce and Economic Development Division Grantee: Grant Number: Term: Total Project Length: Project Year: Grant (WEDD/Carl D. Perkins Title IB/Outgoing Funds) Grossmont-Cuyamaca CCD July 1, 2019 June 30, 2020 One Year Year One of One $150,000 Purpose: The Carl D. Perkins Career Technical Education Act of 2006 requires a state-mandated set-aside fund to serve individuals seeking employment in non-traditional careers. The California Joint Special Populations Advisory Committee (JSPAC) is committed to empowering educators with equity and access resources to address barriers to opportunities for Career Technical Education students related to special populations. These funds will be provided to JSPAC to provide professional development opportunities to faculty and staff with the tools and strategies to better recruit and serve students seeking employment in non-traditional careers.

8 Reason for BOG Approval: Standing Order 319 states that the Board of Governors must approve grants that exceed the amount of $100,000. Not applicable. The California Perkins Joint Special Populations Advisory Committee (JSPAC) is a committee comprised of educators from the K-12, adult education, and community colleges as well as business, industry, and the trades. They are committed to enhancing the Career and Technical Education field as well as encouraging girls and women to explore and enter into training programs and careers that are nontraditional by gender as well as high-wage and highdemand. The mission of the CA Perkins JSPAC is to promote equity, access and success in CTE for students from special populations by providing educators research based professional development, instructional strategies and resources. This grant supports our ongoing efforts to: 1. Identify and disseminate specialized curriculum materials and resources to support services to Special Populations. 2. Expand linkages with other programs for which equity and access to Special Populations is mandated by funding sources and for which that service is critical to program success; share information on best practices; coordinate and leverage resources to maximize the number of students who can be served; and incorporate the expertise, resources, and support those having a stake in assuring all students succeed in school and the workforce, including business and labor, and community-based organizations. 3. Continue to expand the strong relationship between the CCCCO and CDE in service to students who are members of special populations and involve other Special Populations staffing in all Perkins VTEA planning and implementation. 4. Create linkages with other state and federal agencies serving the identified Special Populations and offer jointly developed professional development and technical assistance opportunities. (7) Workforce and Economic Development Division Contractor: Inter-Jurisdictional Exchange Long Beach Community College District

9 Position Number: Term: Total Contract Length: Contract Year: February 4, 2019 January 30, 2021 Two Years Year One of Two $195,360 annually Purpose: Reason for BOG Approval: This contract would authorize the Chancellor s Office to hire a new Vice Chancellor of Workforce and Economic Development within the Workforce and Economic Development Division. Standing Order 318 states that the Board of Governors must approve contracts that exceed the amount of $100,000. Not applicable. The position will be responsible for the development, implementation and management of the Workforce and Economic Development Division, a role that includes policy advancement and strategic planning related to the state s economic and workforce development mission, and advising the Chancellor on related issues.

10 STANDING ORDERS NOS. 318 AND 319 OF THE BOARD OF GOVERNORS 318. Contracts. (a) Except as provided in subsection (b), whenever the power to contract is invested in the Board, or when, in the judgment of the Chancellor, such contracts are expressly or impliedly authorized to fulfill responsibilities or authorities vested in the Office of the Chancellor, the Chancellor is authorized in the name of the Board of Governors to enter into such contracts. (b) The Chancellor shall secure Board approval before entering into any contract: (1) In excess of $100,000; or (2) Over three years in duration; or (3) With respect to consulting services, in excess of $50,000. The requirement for Board approval shall apply to any amendment of a contract which results in the original contract exceeding the specified limits, as well as the amendment of a contract where the amendment itself exceeds the specified limits. Under circumstances when the need to contract was not foreseeable, and when delaying approval of the contract until the next Board meeting would jeopardize the contract or frustrate its purpose, the Chancellor shall have the authority to enter into contracts in excess of the limits specified in this subsection. Before entering into such contracts, however, the Chancellor shall consult with the President of the Board. (c) In securing the approval of contracts by the Board pursuant to subsection (b), the Chancellor shall apply the following procedures: (1) In determining the nature, extent and need for any such contract, the Chancellor shall provide a summary of the Request for Proposal (RFP), Invitation for Bid (IFB), or other summary of the purpose and need for a contract to the Board of Governors prior to publicly releasing any such RFP or IFB, or prior to making any informal commitment to contract. The Chancellor may proceed with the release of the RFP, IFB, or other contract negotiations, unless the Board President, with or without the advice of any appropriate Board Committee designated by the President, directs the Chancellor to withhold action within a 10 day period from the date the summary is provided. (2) In developing language for such contracts, the Chancellor shall include a provision which allows any aggrieved bidder on an RFP or IFB to protest the awarding of a contract to the Chancellor. The Chancellor shall inform the Board of any such protests, including the results of such protests. This remedy shall be in addition to the bidder s right to protest the matter to the Department of General Services. (3) The Chancellor shall ensure that each panel of evaluators who score proposals is made up of staff from more than one division in the Chancellor s Office, including outside evaluators as appropriate; and the Chancellor shall take such other steps as necessary to ensure that evaluations and scoring are objective and fair. (4) In requesting approval of said contracts, the Chancellor shall, at the time of distributing each regular meeting agenda to the Board of Governors, include a summary of contracts for Board approval. The summary for each contract shall indicate: the purpose of the contract; the amount of the contract; the time for performance of the contract, including whether it was advertised as a multi-year contract; the number of proposals received or whether the contract is a sole source contract; the number of proposals which met the minimum score for cost opening; and the party awarded the contract. The provisions of subparagraphs (1) through (3) above shall not apply to interagency agreements with other state agencies, and other agreements necessary for the agency to receive public funds.

11 (d) The authorization contained in subsection (a) includes agreements, leases, contracts, and other documents, including but not limited to: service agreements, insurance agreements, fiscal, budgetary, and personnel documents, travel requests, contracts for the purchase of apparatus, furniture, equipment, supplies and books, as well as contracts entered into as necessary to receive federal funds allocated to the California Community Colleges, all within the limits of fiscal ability and sound budgetary controls and subject to such policies as may be established by the Board. (EC 70901(b)(5).) 319. Grants. (a) Except as provided in subsection (b), whenever the power to enter into a grant is invested in the Board, or when, in the judgment of the Chancellor, a grant is expressly or impliedly authorized to fulfill responsibilities or authorities vested in the Office of the Chancellor, the Chancellor shall have the authority to enter into such grants. (b) The Chancellor shall secure Board approval before entering into any grant: (1) In excess of $100,000; or (2) Over three years in duration; or The requirement for Board approval shall apply to any amendment of a grant which results in the original grant exceeding the specified limits, as well as the amendment of a grant where the amendment itself exceeds the specified limits Under circumstances when the need to enter into a grant was not foreseeable, and when delaying approval of the grant until the next Board meeting would jeopardize the grant or frustrate its purpose, the Chancellor shall have the authority to enter into grants in excess of the limits specified in this subsection. Before entering into such grants, however, the Chancellor shall consult with the President of the Board. (c) Prior to submitting grants to the Board for approval pursuant to subsection (b), the Chancellor shall either: (1) present to the Board for its review and approval an expenditure plan outlining the nature, extent and need for any such grants; or (2) provide a summary of the Request for Application (RFA) or other summary of the purpose and need for a grant to the Board of Governors prior to publicly releasing any such RFA or prior to making any informal commitment to award a grant. The Chancellor may proceed with the release of the RFA unless the Board President, with or without the advice of any appropriate Board Committee designated by the President, directs the Chancellor to withhold action within a 10 day period from the date the summary is provided. (d) All grants awarded by the Board of Governors or the Chancellor on or after January 1, 1996, shall be awarded through competitive processes or through allocation formulas reviewed and approved by the Board of Governors, except that: (1) Grants may be awarded competitively within regions. (2) Grants for regional or statewide coordination activities for the Extended Opportunity Programs and Services (EOPS), Disabled Students Programs and Services (DSPS), Matriculation, and Economic Development programs need not be competitively bid. (3) Where there are conditions beyond the control of the Chancellor which limit competition, such as matching fund requirements or other agencies being required to select grantees, the Chancellor, in consultation with the President of the Board and the Chairperson of the appropriate committee, shall have authority to award grants without competition. (e) Panels evaluating or scoring grant proposals will include or be comprised of outside readers as appropriate and will be comprised so as to assure objectivity and prevent conflicts of interest. In the event that outside readers are not used, the evaluation panel shall be comprised of

12 staff from more than one division in the Chancellor s Office. The Chancellor shall ensure that readers are appropriately trained with respect to the process for review of grant applications. (f) Grants for the performance of functions which are ongoing in nature will be awarded in cycles of between one and five years in length. In advertising a grant for an ongoing function, district personnel will be apprised of the length of the cycle and the funding anticipated to be available for the duration of the project; provided however, that nothing in this Section shall be construed to preclude subsequent adjustment of actual funding levels to reflect unforeseen circumstances. Districts shall be further informed that continuance of the grant will depend on year-to-year funding, and continued satisfactory performance. The Chancellor shall have the authority to exempt grants described in Subsection (d)(2) or those awarded under the Mathematics, Engineering, and Science Achievement (MESA) program, the Middle College High School program, or the Puente project from the duration limitations imposed by this paragraph. (g) A district which, prior to January 1, 1996, has been awarded a grant on a non-competitive basis for the performance of an ongoing function may continue to be awarded that grant, at the discretion of the Chancellor, for a period of up to three additional fiscal years. Retention of the grant shall depend on continued availability of funds and satisfactory performance. At the conclusion of the term, the grant for the ongoing function shall be awarded on a competitive basis. (h) To the extent that a grantee contracts with a private or public entity to perform certain parts of the grant, the grantee shall be required to disclose the intended purpose and amount of such subcontracting, shall agree to follow locally applicable competitive bidding processes in doing such subcontracting, and shall agree to name the subcontractors chosen. (i) The procedures specified above shall not apply to grants which are distributed on an allocation formula basis which has been reviewed and approved by the Board of Governors.