December 2014 Sug Legal Cabrillo New Revised Update Delete LR LA SUG Unique AP/BP # Title AP 3516 Registered Sex Offender Information BP 3550 Drug Free environment AP 6150 Designation of Authorized Signatures X AP 6340 AP 6345 Bids and Contracts Bids and Contracts - UPCCAA AP 3515 Reporting of Crimes BP 3820 Gifts AP 3820 Gifts X Administrator X Lewis X Lewis X Lewis X X X Lewis Lewis X X Lewis X Jones X X X X Jones Cabinet CPC 10/21/2014 12/3/2014 10/21/2014 12/3/2014 10/21/2014 12/3/2014 10/21/2014 12/3/2014 10/21/2014 12/3/2014 11/4/2014 12/3/2014 11/18/2014 12/3/2014 11/18/2014 12/3/2014 Chapter Three: General Institution AP 3516 REGISTERED SEX OFFENDER INFORMATION Note: This procedure is legally required. Local practice may be inserted. The following is an illustrative example. The District shall include in its Annual Security Report a statement advising the campus community where information pertaining to registered sex offenders may be obtained. Sex offenders are required to register with the police inlaw enforcement agency of the jurisdiction in which they reside and at institutions of higher learning if they are students there or if they work there as employees, contractors, or volunteers. A sex offender who is an employee or volunteer in the District must disclose his/her status as a registrant upon his/her application or acceptance of the position if he/she: 1) would be working directly and in an unaccompanied setting with minor children on more than an incidental and occasional basis or have supervision or disciplinary power over minor children or 2) would be working directly and in an accompanied setting with minor children and his/her work would require touching minor children on more than an incidental basis. A sex offender who must register for committing a crime against a minor victim under the age of 16 is prohibited from serving as an employer, employee, contractor, or volunteer in any capacity in which the sex offender would be working directly and in an unaccompanied setting with minor children on more than an incidental and occasional basis or involving having supervision or disciplinary power over minor children. Sex offenders who may be required to register at Cabrillo College should do so at: [contact information for campus police, if any, and/or contact information for local police agency.]the Santa Cruz County Sheriff’s Office: Cabrillo Division office located in Parking Lot S, Room 1185. Appointments are needed. Information concerning registered sex offenders can be obtained from [contact information for campus police, if any, and/or contact information for local police agency.]the agency of jurisdiction. Note: The following language only applies to districts with a police department. [District] Police Department shall not release information regarding a sex offender, unless the person seeking the information has signed a statement, on a form provided by the Department of Justice, stating that he/she is not a registered sex offender, that he/she understands the purpose of the release of information is to allow members of the campus community to protect themselves and their children from sex offenders, and that he/she understands it is unlawful to use the information received to commit a crime against any registered sex offender or to engage in illegal discrimination or harassment of a registered sex offender. The department will maintain the signed statement in its records for a period of five years. AP 3516 Registered Sex Offender Information Page 1 of 2 The [District ] Police Department will release the following information regarding a registered sex offender: 1) full name; 2) known aliases; 3) gender; 4) race; 5) physical description; 6) photograph; 7) date of birth; 8) crimes resulting in registration; and 9) The date of last registration or re-registration. New 2/03, Revised 2/04, 2/07 References: Penal Code Sections 290, 290.01, and 290.95; 34 Code of Federal Regulations Part 668; 42 U.S. Code Section 14071j; 20 U.S. Code Sections 1092(f)(1)(I) and 1232g(b)(7)(A) (Campus Sex Crimes Prevention Act) ASM Council: 9/11/14 VPAS: Cabinet: PPTF: CPC Approved: AP 3516 Registered Sex Offender Information Page 2 of 2 campus community to protect themselves and their children from sex offenders, and that he/she understands it is unlawful to use the information received to commit a crime against any registered sex offender or to engage in illegal discrimination or harassment of a registered sex offender. The department will maintain the signed statement in its records for a period of five years. The [District ] Police Department will release the following information regarding a registered sex offender: 1) full name; 2) known aliases; 3) gender; 4) race; 5) physical description; 6) photograph; 7) date of birth; 8) crimes resulting in registration; and 9) The date of last registration or re-registration. New 2/03, Revised 2/04, 2/07 Chapter Six Three: Student Services and Operations General Institution BP 3550 DRUG FREE ENVIRONMENT AND DRUG PREVENTION PROGRAM BP 6130 Drug-Free Campus BP 5200 Drug Free Campus Cabrillo College shall be maintain a campus free from all drugs and from the unlawful possession, use or distribution of illicit drugs and alcohol by students and employees. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in all facilities under the control and use of the District. Any student or employee who violates this policy will be subject to disciplinary action (consistent with local, state or federal law), which may include referral to an appropriate rehabilitation program, suspension, demotion, expulsion or dismissal. The Superintendent/President shall asensure that the District distributes annually to each student and employee the information required by the Drug-Free Schools and Communities Act Amendments of 1989 and complies with other requirements of the Act. See Administrative Procedure 3550. Legal References: Drug Free Schools and Communities Act, 20 U.S. Code Section 1145g; 34 Code of Federal Regulations Sections 86.1 et seq.; Drug Free Workplace Act of 1988, 41 U.S. Code Section 702 Cabrillo current BP 6130 Drug Free Campus It is the policy of the Cabrillo Community College District to maintain a campus free of the unlawful manufacture, distribution, dispensing, possession or use of controlled substances as listed in Section 22 of the Drug Free Schools and Communities Act Amendment of 1989 (Public Law 101-226), which includes, but is not limited to, substances such as marijuana, heroin, cocaine, amphetamines, and alcohol. For the purpose of this policy, “campus” shall mean those places where a student is involved in an authorized college activity. The campus includes, but is not limited to property owned or leased by the District; any place used by the District for student participation in a field trip; field study; athletic competition; study travel program; and in District or private vehicles being used for official District business. In furtherance of this policy, all students shall be made aware of the danger of drug abuse and the college and community resources available for counseling and rehabilitation of those with drugrelated problems. All students shall also be informed of the consequences of drug abuse violations. These consequences shall include, but not be limited to student disciplinary action pursuant to Education Code and District policy. As a condition of continued enrollment, students shall abide by the terms of this policy. Individuals on campus who are not Cabrillo college students are required to comply with this policy. Such individuals who unlawfully manufacture, distribute, dispense, possess or use controlled substances may barred from Cabrillo College campuses. Legal References: Section 22 of the Drug-Free Schools and Communities Act of 1989 (Public Law 101-226) Adopted: September 10, 1990 Cabrillo current BP 5200 Drug Free Campus The use of alcohol and/or other drugs by students, faculty or staff affects Cabrillo College’s ability to provide an environment of excellence in teaching and learning. As members of the Cabrillo College community, we all share in the responsibility for creating and maintaining a drug and alcohol free workplace and learning environment. With this responsibility comes the obligation to be involved in preventing problems caused by the abuse of alcohol, tobacco and other drugs. Cabrillo’s comprehensive approach to addressing substance abuse emphasizes: • Taking effective steps to create and maintain a drug-free workplace and educational environment for students, faculty and staff. • Providing prevention, education and counseling services along with referrals to off-campus treatment facilities as appropriate. • Encouraging individuals who are experiencing problems associated with alcohol and other drugs or chemical dependency to seek assessment, counseling and/or treatment voluntarily with the understanding that this assistance is confidential and will not be used against them. • Assessing district sanctions for the manufacture, distribution, use or possession of illegal drugs or the unlawful use or possession of alcohol which may include prosecution under applicable state and federal laws. Such sanctions may include educational intervention, mandated counseling or rehabilitation, community service, suspension, expulsion, termination of employment, and/or barring from further work for Cabrillo. For the purpose of this policy, the Cabrillo College campus shall mean any place, whether on or off District premises, where an employee performs work for or functions as a student of the Cabrillo Community College District, and any event, field trip, study abroad, athletic competition, or study travel program sponsored or affiliated with Cabrillo College, as well as in District or private vehicles being used for official District business. This policy shall apply to all Cabrillo employees, students, and those who are not Cabrillo employees but perform work in benefit of Cabrillo (i.e. independent contractors, volunteers, and so forth). Such individuals who unlawfully manufacture, distribute, dispense, possess or use controlled substances in a Cabrillo workplace may be barred from further work for and at Cabrillo College. District employees shall abide by this policy as a condition of employment. Students shall abide by the student Code of Conduct as described in the Student Rights and Responsibilities as a condition of enrollment at Cabrillo. Revised 11/05 Reviewed: May 6, 2013 Chapter Six: Business and Fiscal Affairs AP 6150 DESIGNATION OF AUTHORIZED SIGNATURES Note: A procedure to designate authorized signatures is legally required. Local practice may be inserted. The following is typical and complies with requirements. The Chief Business Officer or other position] is hereby designated as the District officer authorized to sign warrants on behalf of the District. Proper documentation regarding signing District warrants shall be filed with the county superintendent of schools. (Note: “Proper documentation” may vary from district to district according to Education Code Sections 85233 and 85266) The [Chief Business Officer or other position] will withhold approval of District warrants when: • • Disbursement of the funds will result in the total amounts expended in any major account classification to exceed the amount budgeted. Established procedures have not been followed to permit verification of authenticity of the expenditure. Authority to sign orders and other transactions on behalf of the Governing Board is delegated to the Superintendent/President and other officers appointed by the Superintendent/President. References: Education Code Sections 85232 and 85233. ASM Council: 9/11/14 VPAS: Cabinet: PPTF: CPC: Approved: AP 6150 Designation of Authorized Signatures Page 1 of 1 Chapter Four Six: Business and Fiscal Affairs Services and Operations AP 6340 AR 4150 BIDS AND CONTRACTS AR 4140 Soliciting Prices Limits Bids or quotations shall be secured as may be necessary to obtain the lowest possible prices as follows: • Purchase of goods or services up to the limits set out in the Public Contracts Code will require documented quotes. • Purchase of goods or services in excess of the limits set out in the Public Contracts Code will require formal advertised bids. Contracts involving expenditures that require competitive bidding require approval by the Governing Board of Trustees prior to award. Bid Specifications Bid specifications shall include a definite, complete statement of what is required and, insofar as practical, shall include pertinent details of size, composition, construction, and/or texture of what is specified, and minimum standards of efficiency, durability, and/or utility required of what is specified. Notice Calling for Formal Advertised Bids The District shall publish at least once a week for two weeks in a newspaper of general circulation circulated within the District or if there is no such paper, then in some newspaper of general circulation, circulated in the county, and may post on District’s web site or through an electronic portal, a notice calling for bids or proposals, stating the materials or supplies to be furnished and the time and place when bids will be opened. District may accept a bid that was submitted either electronically or on paper. Bid and contract forms shall be prepared and maintained by the Chief Business Officer or designee. All applicable statutory provisions and Board policies shall be observed in preparation of the forms. The Chief Business Officer or designee shall be responsible for insuring that the bid specifications are sufficiently broad to encourage and promote open competitive bidding. All bid notices for work to be done shall contain an affirmative statement requiring compliance with California Labor Code Sections 1775 and 1776 governing payment of prevailing wages and California Labor Code Section 1777.5 governing employment of apprentices. All bid submissions shall contain all documents necessary to assure compliance with these California Labor Code Sections. Failure to provide such documentation shall cause any such bid to be deemed incomplete. AP 6340 Bids and Contracts Page 1 of 4 When required or determined to be appropriate, bids shall be accompanied by a certified or cashier’s check, or bid bond, in the amount specified in the bid form, as a guarantee that the bidder will enter into contract and furnish the required contract bonds. When no longer required for the protection of the District, any certified or cashier’s check received shall be returned to the respective bidder. (Designated office or position) shall make available to the prospective bidders bid forms with sets of specifications and drawings and shall provide a convenient place where bidders, subcontractors, and materiel personnel may examine the specifications and drawings. [Designate position or office]The Chief Business Officer or designee shall provide an electronic copy of the plans and specifications and other contract documents to a contractor plan room service at no charge upon request from that contractor plan room. When permitted, aA deposit for sets of plans and specifications may be required and may be refunded when such documents are returned. Award of Bids and Contracts Awards The awarding of bids and contracts shall be subject to the following conditions: • Any and all bids and contract proposals may be rejected by the District for good and sufficient reason. • All bids shall be opened publicly and bidder shall be given the opportunity to make record of the bids received. • Bid and contract award recommendations to the Board shall show a tabulation of the bids received in reasonable detail. • Bid and contract awards shall be made to the lowest responsible bidder substantially meeting the requirements of the specifications. The District reserves the right to make its selection of materials or services purchased based on its best judgment as to which bid substantially complies with the quality required by the specifications. • For the purposes of bid evaluation and selection when the District determines that it can expect long-term savings through the use of life-cycle cost methodology, the use of more sustainable goods and materials, and reduced administrative costs, the District may provide for the selection of the lowest responsible bidder on the basis of best value pursuant to policies and procedures adopted by the governing board in accordance with this section. • "Best value" means the most advantageous balance of price, quality, service, performance, and other elements, as defined by the Board, achieved through methods in accordance with this section and determined by objective performance criteria that may include price, features, long-term functionality, life-cycle costs, overall sustainability, and required services. Purchase without Advertising for Bids The Superintendent/PresidentChief Business Officer or designee is authorized to make purchases from firms holding county public agency contracts without calling for bids where it appears advantageous to do so. AP 6340 Bids and Contracts Page 2 of 4 The Superintendent/PresidentChief Business Officer or designee may, without advertising for bids within the same (county, city town or District), purchase or lease from other public agencies materials or services by authorization of contract or purchase order. The Superintendent/PresidentChief Business Officer or designee may make purchases through the State of California Cooperative Purchasing Program operated by the Department of General Services. The Chief Business Officer or designee is authorized to make purchases with a value between $5,000 and $250,000 from a certified small business, microbusiness, or disabled veteran business enterprise. Duration of Continuing Contracts for Services and Supplies Continuing contracts for work or services furnished to the District are not to exceed five years. Contracts for materials and supplies are not to exceed three years. Emergency Repair Contracts without Bid When emergency repairs or alterations are necessary to continue existing classes or to avoid danger of life or property, the (designee position)Chief Business Officer or designee may make a contract in on behalf of the District for labor, materials and supplies without advertising for or inviting bids, subject to ratification by the Board. Unlawful to Split Bids It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of the Public Contract Code requiring work to be done by contract after competitive bidding. Kindergarten-University Public Education Bond Act Projects For projects funded by 2002, 2004, or 2006 Bond funds, the designee of the Superintendent/President will initiate and enforce, or contract with a third party to initiate and enforce, a labor compliance program for that project under Labor Code Section 1771.7. The program will include: • Appropriate language concerning the wage requirements of Labor Code Sections 1720 et seq. in all bid invitations and public works contracts. • A pre-job conference with the contractor and subcontractors to discuss applicable federal and state labor law requirements. • Project contractors and subcontractors shall be required to maintain and, at designated times, furnish certified copies of weekly payroll containing a statement of compliance signed under penalty of perjury. • The District shall review and, if appropriate, audit the payroll records of the employees of the contractor and/or subcontractor. The review and audit shall be conducted by (designate position) or an independent third party, but not the third party with whom the District contracts to initiate and enforce a labor compliance program under Labor Code Ssection 1771.7. • If an investigation establishes that an underpayment or wages has occurred, the District shall withhold any contract payments, equal to the amount of underpayment and any applicable penalties. AP 6340 Bids and Contracts Page 3 of 4 • The designee of the Superintendent/President shall transmit a written finding that the District has initiated and enforced, or has contracted with a third party to initiate and enforce, the required labor compliance program, to the Director of the Department of Industrial Relations, or any successor agency that is responsible for the oversight of employee wage and work hour laws. Soliciting Prices AR 4140 (Bids and Quotations) (delete Cabrillo unique language) Regulations Relative to the Bidding Activity 1. Bid instructions and specifications should be clear and complete, setting forth all necessary conditions conductive to competitive bidding. 2. The college shall seek bids from those sources able to offer the best prices, consistent with quality, delivery and service. 3. After the bids have been opened and tabulated, they will be available for those interested to copy or study. They shall not, however, be removed from the Business Services Office. References: Education Code Sections 81641 et seq.; Public Contracts Code Sections 20103.7, 20112, and 20650 et seq.,, and 22000 et seq.; Labor Code Sections 1770 et seq. Adopted Approved: August 6, 2007 Revised: 9/11/14 ASM Council VPAS: Cabinet: CPC: PPTF: AP 6340 Bids and Contracts Page 4 of 4 Chapter Four: Business Services and Operations AR 4150 BIDS AND CONTRACT (League AP 6340) Limits Bids or quotations shall be secured as may be necessary to obtain the lowest possible prices as follows: Purchase of goods or services up to the limits set out in the Public Contracts Code will require documented quotes. Purchase of goods or services in excess of the limits set out in the Public Contracts Code will require formal advertised bids. Contracts involving expenditures that require competitive bidding require approval by the Governing Board prior to award. Bid Specifications Bid specifications shall include a definite, complete statement of what is required and, insofar as practical, shall include pertinent details of size, composition, construction, and/or texture of what is specified, and minimum standards of efficiency, durability, and/or utility required of what is specified. Notice Calling for Formal Advertised Bids The District shall publish at least once a week for two weeks in a newspaper of general circulation circulated within the District or if there is no such paper, then in some newspaper of general circulation, circulated in the county, and may post on District’s web site or through an electronic portal, a notice calling for bids or proposals, stating the materials or supplies to be furnished and the time and place when bids will be opened. District may accept a bid that was submitted either electronically or on paper. Bid and contract forms shall be prepared and maintained by (insert designated office or position). All applicable statutory provisions and Board policies shall be observed in preparation of the forms. The (insert designated position) shall be responsible for insuring that the bid specifications are sufficiently broad to encourage and promote open competitive bidding. All bid notices for work to be done shall contain an affirmative statement requiring compliance with California Labor Code Sections 1775 and 1776 governing payment of prevailing wages and California Labor Code Section 1777.5 governing employment of apprentices. All bid submissions shall contain all documents necessary to assure compliance with these California Labor Code Sections. Failure to provide such documentation shall cause any such bid to be deemed incomplete. AR 4150 Bids and Contracts or Bids and Contracts –UPCCAA Page 1 of 3 When required or determined to be appropriate, bids shall be accompanied by a certified or cashier’s check, or bid bond, in the amount specified in the bid form, as a guarantee that the bidder will enter into contract and furnish the required contract bonds. When no longer required for the protection of the District, any certified or cashier’s check received shall be returned to the respective bidder. (Designated office or position) shall make available to the prospective bidders bid forms with sets of specifications and drawings and shall provide a convenient place where bidders, subcontractors, and materiel personnel may examine the specifications and drawings. A deposit for sets of plans and specifications may be required and may be refunded when such documents are returned. Award of Bids and Contracts Awards The awarding of bids and contracts shall be subject to the following conditions: Any and all bids and contract proposals may be rejected by the District for good and sufficient reason. All bids shall be opened publicly and bidder shall be given the opportunity to make record of the bids received. Bid and contract award recommendations to the Board shall show a tabulation of the bids received in reasonable detail. Bid and contract awards shall be made to the lowest responsible bidder substantially meeting the requirements of the specifications. The District reserves the right to make its selection of materials or services purchased based on its best judgment as to which bid substantially complies with the quality required by the specifications. Purchase without Advertising for Bids The Superintendent/President or designee is authorized to make purchases from firms holding county contracts without calling for bids where it appears advantageous to do so. The Superintendent/President or designee may, without advertising for bids within the same (county, city town or District) purchase or lease from other public agencies materials or services by authorization of contract or purchase order. The Superintendent/President or designee may make purchases through the State of California Cooperative Purchasing Program operated by the Department of General Services. Duration of Continuing Contracts for Services and Supplies Continuing contracts for work or services furnished to the District are not to exceed five years. Contracts for materials and supplies are not to exceed three years. Emergency Repair Contracts without Bid When emergency repairs or alterations are necessary to continue existing classes or to avoid danger of life or property, the (designee position) may make a contract in behalf of the District for labor, materials and supplies without advertising for or inviting bids, subject to ratification by the Board. Unlawful to Split Bids AR 4150 Bids and Contracts or Bids and Contracts –UPCCAA Page 2 of 3 It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of the Public Contract Code requiring work to be done by contract after competitive bidding. Kindergarten-University Public Education Bond Act Projects For projects funded by 2002, 2004 or 2006 Bond funds, the designee of the Superintendent/President will initiate and enforce, or contract with a third party to initiate and enforce, a labor compliance program for that project under Labor Code 1771.7. The program will include: Appropriate language concerning the wage requirements of Labor Code 1720 et seq. in all bid invitations and public works contracts. A pre-job conference with the contractor and subcontractors to discuss applicable federal and state labor law requirements. Project contractors and subcontractors shall be required to maintain and, at designated times, furnish certified copies of weekly payroll containing a statement of compliance signed under penalty of perjury. The District shall review and, if appropriate, audit the payroll records of the employees of the contractor and/or subcontractor. The review and audit shall be conducted by (designate position) or an independent third party, but not the third party with whom the District contracts to initiate and enforce a labor compliance program under Labor Code section 1771.7. If an investigation establishes that an underpayment or wages has occurred, the District shall withhold any contract payments, equal to the amount of underpayment and any applicable penalties. The designee of the Superintendent/President shall transmit a written finding that the District has initiated and enforced, or has contracted with a third party to initiate and enforce, the required labor compliance program, to the Director of the Department of Industrial Relations, or any successor agency that is responsible for the oversight of employee wage and work hour laws. Reference Education Code Section 81641 et seq.; Public Contracts Code Sections 20112 and 20650 et seq., 22000 et seq.; Labor Code 1770 et seq. Adopted August 6, 2007 AR 4150 Bids and Contracts or Bids and Contracts –UPCCAA Page 3 of 3 Chapter Four: Business Services and Operations BP 4150 CONTRACTS (League BP 6340) All District procurements and contracts for goods and services shall be conducted in accordance with applicable laws, rules, regulations and policies of the District. Delegation of Authority to Contract on Behalf of the District Pursuant to Education Code Section 81655, the Board delegates to the Superintendent/President or designee the authority to enter into contracts on behalf of the District and to establish administrative procedures for award of contracts on behalf of the District without prior Governing Board actions, subject to the following: Contracts entered into on behalf of the District by the Superintendent/President or designee(s) are not enforceable obligations until they are approved or ratified by the Board, with the following exceptions: Contracts for work to be done, services to be performed, or for goods, equipment or supplies to be furnished or sold to the District that are in conformance with, and below the bid threshold amounts specified in, Public Contract Code Section 20651, shall be deemed under this policy as approved and ratified by the Board. Contracts awarded pursuant to the informal bidding procedures of the California Uniform Public Construction Cost Accounting Commission, adopted in the District’s Resolutions Nos. 050-05 and 051-05, shall be deemed under this policy as approved and ratified by the Board. When bids are required pursuant to Public Contract Code Sections 20650 and 20651, the contracts resulting from such bids shall be awarded to the responsible bidder who submits the lowest priced responsive Bid Proposal. The Superintendent/President or designee shall have the authority to reject all bids. EXCEPTIONS: Pre-Qualification of Bidders If the Superintendent/President or designee concludes that the best interests of the District will be served by pre-qualification of bidders in accordance with Public Contract Code Section 20651.5, pre-qualification may be conducted in accordance with procedures that provide for a uniform system of rating on the basis of a questionnaire and financial statements. “Piggyback” Purchases If the best interests of the District will be served by a contract, lease, requisition or purchase order for materials, supplies, equipment, automotive vehicles, and other personal property, through any other public corporation or agency in accordance with Public Contracts Code Section 20652, the Superintendent/President or designee or his/her designee is authorized to proceed with such a contract, lease, requisition or purchase order. BP 4150 Contracts Page 1 of 3 Uniform Construction Cost Accounting Alternative Bidding Procedures; Informal Bidding Procedures Contracts for a “public project” or “maintenance work” (as those terms are defined in Public Contract Code Section 22002) may be bid and awarded under the Alternative Bidding Procedures set forth in Public Contract Code Section 22030 et seq. and in accordance with the procedures set forth in the District’s Resolution No. 050-05 which adopted the Uniform Construction Cost Accounting Procedures and established the District’s Informal Bidding procedures under the Uniform Construction Cost Accounting Procedures. Specialty Projects and Goods Where authorized by applicable law, rule or regulation, the Superintendent/President or designee may contract for specialty projects and goods without engaging in a proposal or bidding process. The foregoing shall include, without limitation: (i) contracts for energy management systems taking into account “net costs or savings” (Government Code Section 4217 et seq.); (ii) energy conservation contracts (Government Code Section 4217 et seq.) and (iii) contracts for supplementary textbooks, library books, and educational films, audio-visual materials, test materials, workbooks, instructional software packages, or periodicals may be awarded without taking estimates or advertising for bids (California Education Code Section 81645). In addition, where authorized by applicable law, rule or regulation, the Superintendent/President or designee, may contract for acquisition, procurement or maintenance of electronic data processing systems and equipment, electronic telecommunications equipment, supporting software, and related materials, goods and services to tone of the bidders submitting one of the three lowest priced responsive Bid Proposals (California Education Code Section 81645). Contracts Without Competitive Bidding/Proposal Process When authorized by applicable law, rule or regulation, the Superintendent/President or designee may contract for goods or services without engaging in a proposal or bidding process. Except where the nature of the goods or services are unique or where impractical, prior to the award of a contract for goods or services without engaging in a competitive proposal or bidding process, every effort should be made to obtain two or more quotes from qualified vendor(s)/contractor(s). Award of such a contract shall be based upon the best interests of the District, taking into account as appropriate the price(s) proposed by qualified vendor(s)/contractor(s) and other factors. Professional Services Pursuant to Government Code Section 53060, the Superintendent/President or designee is authorized to enter into contracts for special or professional services on behalf of the District without engaging in a competitive bidding or proposal process. The award of such contracts shall be based upon the qualifications and capacity of the vendor/contractor and the completion of necessary services at a fair and reasonable price to the District. Professional services subject to the foregoing shall include without limitation the following professional BP 4150 Contracts Page 2 of 3 services: accounting, architectural/engineering, legal, real estate brokerage, project/construction management, and consulting. Emergencies If the Governing Board by unanimous vote determines pursuant to Public Contract Code Section 20654 that emergency circumstances exist, subject to approval of the Superintendent of the Santa Cruz County Office of Education, the Superintendent/President or designee is authorized to enter into contract(s) on behalf of the District for the performance of labor or the furnishing of goods and materials without advertising or engaging in a competitive bidding or proposal process. Alternatively, the Superintendent/President or designee is authorized under Public Contract Code Section 22050 to take any directly related and immediate action required by the emergency and to procure necessary equipment, services or supplies for those purposes without advertising or engaging in a competitive bidding/proposal process. If action is taken pursuant to the preceding sentence, the Governing Board shall review the actions of the Superintendent/President or designee as required by Public Contract Code Section 22050. “ ‘Emergency,’ . . . means a sudden unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health property or essential public service.” (Public Contract Code Section 1102.) Legal References: Education Code Sections 81641, et seq. Public Contract Code Section 1102 Public Contract Code Sections 20650, et seq. Public Contract Code Sections 22000 et seq. and 22030 et seq. Government Code Section 53060 Government Code Section 42173.10 et seq. Adopted: Revised: Revised: BP 4150 Contracts May 2, 1988 December 3, 2007 September 9, 2013 Page 3 of 3 Chapter Six: Business and Fiscal Affairs AP 6345 BIDS AND CONTRACTS-Uniform Public Construction Cost Accounting Act (UPCCAA) NOTE: Procedures on bids and contracting are legally required. Local practice may be inserted. Districts which, by proper resolution and notification to the Controller, have elected to adopt the Uniform Public Construction Cost Accounting Act (UPCCAA), are subject procedures, described in detail in Public Contract Code Sections 22000 et seq. The following template is only for use by districts that have adopted such a resolution. Informal and Formal Bidding Procedures under the Uniform Public Construction Cost Accounting Act, adopted by resolution by the Board of Trustees Public Projects are defined in Public Contract Code (PCC) Section 22002(c) as construction, reconstruction, erection, alteration, renovation, improvement, demolition, repair work, or painting or repainting of or involving any publicly owned, leased or operated facility. Public projects estimated to cost up to $175,000 1 shall be let to contract by procedures described below. It is unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of the this Procedure requiring work to be done by contract after competitive bidding. All bid notices for work to be done shall contain an affirmative statement requiring compliance with Labor Code Sections 1775 and 1776 governing payment of prevailing wages and Labor Code Section 1777.5 governing employment of apprentices. All bid submissions must contain all documents necessary to assure compliance with these Labor Code sections. Failure to provide such documentation shall cause any such bid to be deemed incomplete. Public Projects funded by the Kindergarten-University Public Education Bond Acts of 2002 and 2004 and any future State Bond funds require that the District initiate and enforce a labor compliance program pursuant to Labor Code Section 1771.5. Procedures Not Covered by this Administrative Procedure When this procedure does not establish a process for bidding Public Projects, the procedures described in AP 6340 titled Bids and Contracts shall govern. Contractors List 1 The California Uniform Construction Cost Accounting Commission (Commission) may recommend that the State Controller amend these amounts. Public Contract Code section 22032 authorizes public projects of $45,000 or less to be performed by District employees by force account, by negotiated contract, or by purchase order. Public projects up to $175,000 may be let to contract by informal procedures. Public projects in excess of $175,000, with limited exceptions, shall be let to contract by formal bidding procedure. PCC 22032. Lists of contractors shall be developed and maintained. Award to Low Bidder; No Bids All contracts must be awarded to the lowest responsible bidders. If two or more bids are the same and lowest, the District may accept the one it chooses. When no bids are received, the District may perform Public Projects with District employees or through a negotiated contract without further complying with this procedure. Notice Inviting Informal Bids When a Public Project anticipated to cost less than $175,000 is to be performed, the District shall prepare a notice of the opportunity to bid. The notice must describe the project in general terms, state the time and place for the submission of bids and describe how to obtain more detailed information about the Project. The District shall mail the notice to all contractors for the category of work to be bid, as shown on the Contractors List. The District may also mail the notice to all construction trade journals. Other contractors and/or construction trade journals may also be notified at the discretion of the department soliciting bids. Mailing shall be completed at least ten days before bids are due. Award of Informally-Bid Contracts The Superintendent/President or designee for the District, is authorized to award informal contracts (defined as contracts for less than $175,000.00), except those contracts described below. Bids Exceed Informal Bidding Limit If all informal bids received exceed $175,000, and the District determines that the cost estimate was reasonable, the District may award the contract at up to $187,500 to the lowest responsible bidder. The contract must be approved by Resolution receiving a fourfifths (4/5) vote of the Board of Trustees. Bid Documents for Formal Bids The Superintendent/President or designee, will see that plans, specifications and working details for all Public Projects estimated to cost more than $175,000 are adopted. Notice Inviting Formal Bids When a Public Project, which is anticipated to cost in excess of $175,000 is to be performed, the District shall publish a notice inviting formal bids in a newspaper of general circulation. The notice shall be published at least 14 calendar days before the date of bid opening. The notice shall also be sent electronically, if available, by facsimile or electronic mail and mailed to all construction trade journals. The notice to construction trade journals shall be sent at least 15 calendar days before the date of bid opening. Other contractors and/or construction trade journals may also be notified, at the discretion of the department soliciting bids. Mailing shall be completed at least 30 days before the date of bid opening. When Contractors List Has Not Been Prepared: Proprietary Product or Service Notwithstanding the above: • • If the District has not prepared a list of contractors for the particular category of work to be performed, the notice inviting bids shall be sent to each of the construction trade journals. If the product or service is proprietary in nature, such that it can be legally obtained only from a certain contractor(s) pursuant to Public Contract Code Section 3400, the notice inviting informal bids may be sent exclusively to such contractors. Contracts for Maintenance Work Contracts for Maintenance Work may be bid pursuant to the Informal Bidding Procedures described above. Maintenance Work is routine, recurring work done for the preservation or protection of a public facility; minor repainting; landscape maintenance including mowing, watering, trimming, pruning, planting or replacement of plants, and servicing of irrigation systems; work performed to keep, operate, or maintain publicly owned water, power, or waste disposal systems. Rejection of Bids; Re-solicitation; Use of District Employees If the District intends to reject all bids, it must mail the apparent low bidder a written notice of the District’s intent to reject the bid at least two business days prior to the hearing at which the bids will be considered. After rejecting all bids, the District may: • abandon the project; • re-advertise the project; or • perform the work with District employees, after passing a resolution by a four-fifths (4/5) majority of the Board of Trustees declaring that the project can be performed more economically by District employees. Emergency Procedures When an emergency necessitates repair or replacement, contracts shall be awarded pursuant to the procedures described in AP 6340 titled Bids and Contracts. References: Education Code Sections 81641 et seq.; Labor Code Sections 1770 et seq.; Public Contract Code Sections 20110 et seq., 20650 et seq., 22000 et seq. (Uniform Public Construction Cost Accounting Act (Act)) ASM Council: 9/11/14 VPAS: Cabinet: CPC: PPTF: Chapter Three: General Institution AP 3515 REPORTING OF CRIMES NOTE: This procedure is legally required. Local practice may be inserted, but should include the following requirements. Members of Cabrillo College who are witnesses or victims of a crime should immediately report the crime to Santa Cruz County Sheriff’s Office, Cabrillo College Division. In the event an employee is assaulted, attacked or menaced by a student, the employee shall notify his/her supervisor as soon as practical after the incident. The supervisor of any employee who is attacked, assaulted or menaced shall assist the employee to promptly report the attack or assault to the Santa Cruz County Sheriff’s Office, Cabrillo College Division. The supervisor himself/herself shall make the report if the employee is unable or unwilling to do so. Reporting a complaint to local law enforcement will not relieve the District of its obligation to investigate all complaints of harassment. [For Districts with Police Departments] The District will instruct members of the District Police Department to notify students and employees complaining of sexual violence of their right to file a sex discrimination complaint with the District in addition to filing a criminal complaint, and to report incidents of sexual violence to [designate position] if the complainant consents. The District shall publish warnings to the campus community about the following crimes: Criminal homicide – murder and non-negligent manslaughter; Criminal homicide – negligent manslaughter; Sex offenses – forcible and non-forcible sex offenses; Domestic violence, dating violence and stalking; Robbery; Aggravated assault; Burglary; Motor vehicle theft; Arson; Arrests for liquor law violations, drug law violations, and illegal weapons possession; Persons who were not arrested for liquor law violations, drug law violations, and illegal weapons possession, but who were referred for campus disciplinary action for same; Crimes that manifest evidence that the victim was intentionally selected because of the victim’s actual or perceived race, gender, religion, sexual orientation, ethnicity, or disability and involve larceny-theft, simple assault, intimidation, destruction/damage/vandalism of property, or any other crime involving bodily injury; Those reported to Santa Cruz County Sheriff’s Office, Cabrillo College Division; and AP 3515 Reporting of Crimes Page 1 of 4 Those that are considered to represent a continuing threat to other students and employees. In the event that a situation arises, either on or off campus, that, in the judgment of the Incident Commander, constitutes an ongoing or continuing threat, a campus wide “timely warning” will be issued. The warning will be issued through the college e-mail system to students, faculty, staff and the campus’ student newspaper. The information shall be disseminated by Incident Commander in a manner that aids the prevention of similar crimes. Depending on the particular circumstances of the crime, especially in all situations that could pose an immediate threat to the community and individuals, the Incident Commander may also post a notice on the campus-wide electronic bulletin board on the web site at: [insert website address]www.cabrillo.edu, providing the community with more immediate notification. The electronic bulletin board is immediately accessible via computer by all faculty, staff and students. Anyone with information warranting a timely warning should report the circumstances to the Santa Cruz County Sheriff’s Office, Cabrillo College Division, by phone 831-212-8464 or in person at [location]. The District shall not be required to provide a timely warning with respect to crimes reported to a pastoral or professional counselor. If there is an immediate threat to the health or safety of students or employees occurring on campus, the District shall follow its emergency notification procedures. The District shall annually collect and distribute statistics concerns crimes on campus. All college staff with significant responsibility for student and campus activities shall report crimes about which they receive information. The District shall publish an Annual Security Report every year by October 1 that contains statistics regarding crimes committed on campus and at affiliated locations for the previous three years. The Annual Security Report shall also include policies pertaining to campus security, alcohol and drug use, crime prevention, the reporting of crimes, sexual assault, victims’ assistance program, student discipline, campus resources and other matters. The District shall make the report available to all current students and employees. The District will also provide perspective students and employees with a copy of the Annual Security Report upon request. A copy of the Annual Security Report can be obtained by contacting Santa Cruz County Sheriff’s Office, Cabrillo College [name and address of office] or at the Website address published in www.cabrillo.edu[list publications that list the address]. To Report a Crime: Contact Santa Cruz County Sheriff’s Office, Cabrillo College Division at [(831) 212-8464 (non-emergencies)] and dial 9-1-1 (emergencies only). Any suspicious activity or person seen in the parking lots or loitering around vehicles or inside buildings should be reported to the police department. In addition you may report a crime to the following areas: Chief Student Services Officer (831) 479-6317 Chief Counseling Officer (831) 479-6274 AP 3515 Reporting of Crimes Page 2 of 4 Chief Student Health Officer (831) 479-6435 Chief Human Resources Officer (831) 479-6217 [NOTE: Either Alternative 1 or Alternative 2 must be selected. One of the Alternatives is legally required.] [Alternative 1] If you are the victim of a crime and do not want to pursue action within the District’s System or the criminal justice system, you may still want to consider making a confidential report. With your permission, the [insert designated office] can file a report on the details of the incident without revealing your identity. The purpose of a confidential report is to comply with your wish to keep the matter confidential, while taking steps to ensure the future safety of yourself and others. With such information, the District can keep an accurate record of the number of incidents involving students, determine where there is a pattern of crime with regard to a particular location, method, or assailant, and alert the campus community to potential danger. Reports filed in this manner are counted and disclosed in the annual crimes statistics for the institution. The [designated office or campus police] encourage anyone who is the victim or witness to any crime to promptly report the incident to the police. Because police reports are public records under state law, the [campus police department] police cannot hold reports of crime in confidence. Confidential reports for purposes of inclusion in the annual disclosure of crime statistics can generally be made to other campus security authorities as identified below. Confidential reports of crime may also be made to [insert designated officer] at [XXX-XXXX]. [Alternative 2] The District does not allow victims or witnesses to report crimes on a voluntary, confidential basis for inclusion in the annual disclosure of crime statistics. NOTE: The following procedure is not legally required but authorized pursuant to 34 Code of Federal Regulations Part 99.31(a)(13),(14). It is suggested as good practice. The District may disclose the final results of disciplinary proceeding to a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, regardless of the outcome. The District may also disclose to anyone, the final results of a disciplinary proceeding in which it concludes that a student violated District policy with respect to a crime of violence or nonforcible sex offense. The offenses that apply to this permissible disclosure are: Arson; Assault offenses; Burglary; Criminal homicide – manslaughter by negligence; Criminal homicide – murder and non-negligent manslaughter; Destruction, damage, or vandalism of property; Kidnapping or abduction; AP 3515 Reporting of Crimes Page 3 of 4 Robbery; Forcible sex offenses. The disclosure may only include the final result of the disciplinary proceeding with respect to the alleged criminal offense. The District shall not disclose the name of any other student, including a victim or witness, unless the victim or witness has waived his/her right to confidentiality. Revised 2/03, 7/11, 3/12, 6/13 References: Education Code Sections 212 and 87014; Penal Code Section 245; Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998; 20 United States Code Section 1232g; 34 Code of Federal Regulations Parts 99.31(a)(13), (14) and 668.46; Campus Security Act of 1990 ASM: 8/14/14, 9/11/14 VPAS: Cabinet: PPTF: CPC/Approved: AP 3515 Reporting of Crimes Page 4 of 4 Chapter Three: General Institution BP 3820 GIFTS The Board shall consider all gifts, donations, and bequests made to the District. The Board reserves the right to refuse to accept any gift which does not contribute toward the goals of the District, or the ownership of which would have the potential to deplete resources of the District. The District shall assume no responsibility for appraising the value of gifts made to the District. Acceptance of a gift shall not be considered endorsement by the District of a product, enterprise, or entity. In no event shall the District accept a donation from any donor who engages in practices or policies which discriminate against any person on the basis of nationality, religion, age, gender, gender identity, gender expression, race or ethnicity, medical condition, genetic information, ancestry, sexual orientation, marital status, or physical or mental disability; or when the stated purposes of the donation are to facilitate such discrimination in providing educational opportunity. Private gifts, donations and bequests on behalf of Cabrillo College is authorized by the Cabrillo College Foundation. Legal Reference: Education Code Section 72122 Adopted: February 1, 1988 Revised: November 7, 2011 Revised: December XX, 2014 _____________________________________________________________________________________________ BP 3820 Page 1 of 1 Gifts Chapter One: Bylaws of the Governing Board BP 1280 Gifts (League BP 3820) The Board shall consider all gifts, donations and bequests made to the District. The Board reserves the right to refuse to accept any gift which does not contribute toward the goals of the college, or the ownership of which would have the potential to deplete resources of Cabrillo College. The District shall assume no responsibility for appraising the value of gifts made to the District. Acceptance of a gift shall not be considered endorsement by the District of a product, enterprise or entity. In no event shall the District accept a donation from any donor who engages in practices or policies which discriminate against any person on the basis of race, sex (i.e., gender), color, religion, national origin, age, disability, or sexual preference; or when the stated purposes of the donation are to facilitate such discrimination in providing educational opportunity. The Superintendent/President shall be designated to receive any gifts, donations, bequests, and devises offered to the District, student organizations, or any other affiliate organization of the District. The Superintendent/President shall deliver to the donor an acknowledgment of acceptance from the Governing Board. Legal Reference: Education Code Section 72122. Adopted: February 1, 1988 Revised: November 7 2011 _____________________________________________________________________________________________ BP 1280 Page 1 of 1 Gifts Chapter One: Bylaws of the Governing Board BP 1500 PRIVATE GIFT FUND DEVELOPMENT POLICY Role of the Cabrillo College Foundation in Private Gift Fund Development The Cabrillo College Foundation's mission is to operate for the support and benefit of Cabrillo College: to solicit and raise private gift funds for scholarships, facilities, equipment, research, and projects. The Cabrillo College Foundation has college-wide responsibility to conduct and coordinate all private gift solicitations from individuals, corporations, foundations, and community organizations. The Cabrillo College Foundation has authorization to establish procedures and protocol to be followed by members of the college community for the identification, cultivation, and solicitation of prospective donors. The Cabrillo College Foundation accepts all private gifts, donations and bequests on behalf of Cabrillo College. The Board shall consider all gifts, donations and bequests made to the District. The Board reserves the right to refuse to accept any gift which does not contribute toward the goals of the District, or the ownership of which would have the potential to deplete resources of the District. The District shall assume no responsibility for appraising the value of gifts made to the District. Acceptance of a gift shall not be considered endorsement by the District of a product, enterprise or entity. In no event shall the District accept a donation from any donor who engages in practices or policies which discriminate against any person on the basis of nationality, religion, age, gender, gender identity, gender expression, race or ethnicity, medical condition, genetic information, ancestry, sexual orientation, marital status, or physical or mental disability; or when the stated purposes of the donation are to facilitate such discrimination in providing educational opportunity. All private gift fund development activities are coordinated with the Cabrillo College Foundation in order to achieve an overall set of activities that are non-duplicative and appropriately conducted. Private gifts are from individuals, foundations, companies, and community organizations. Such coordination will also facilitate assistance from the foundation to those activities. Specifically, the foundation's duties are to: 1. 2. 3. 4. 5. 6. Facilitate implementation of fund development policies. Conduct a comprehensive, ongoing fundraising program. Develop and administer a comprehensive donor recognition program. Provide fundraising counsel to college staff and faculty. Provide financial accountability to the college, the donors, and the public. Develop and administer a financial investment program to maximize investment income commensurate with prudent management. Reference: Education Code Section 72122 BP 1500 Foundation Private Gift Fund Development Policy Page 1 of 2 Adopted: May 6, 2002 Revised: June 10, 2013 BP 1500 Foundation Private Gift Fund Development Policy Page 2 of 2 Chapter Three: General Institution AP 3820 GIFTS The Superintendent/President shall forward to the donor as soon as possible a notice of acceptance by the Board. The notice shall be in substantially the following form: I am pleased to notify you that the Board of Trustees of the Cabrillo Community College District, pursuant to Section 72241 of the California Education Code and Board Policy 1280 accepts the (list gift or gifts) which you made on or about (date) to Cabrillo College. On behalf of the Board and Cabrillo College, we express our gratitude to you for this gift (these gifts). A copy of the notice shall be kept on file by the Superintendent/President. If the gift is an item of equipment (as classified in the Community College Accounting Manual), an asset number shall be affixed to and reported on the copy. The Superintendent/President shall submit a report of all gifts accepted by the Board at the close of the fiscal year. Reference: None AP 3820 Gifts Page 1 of 1