Lewis and Clark Community College District No. 536
Board of Trustees Regular Meeting
May 19, 2020
Agenda
TABLE OF CONTENTS May 19, 2020 Page No. Agenda for May 19, 2020 Regular Meeting ………………………………………
1–2
………………………………
3–9
Minutes of Regular Meeting for April 14, 2020
Minutes for May 4, 2020 (Special Closed Meeting) ………………………………
10
Minutes for May 6, 2020 (Special Closed Meeting) ………………………………
11
Minutes for May 8, 2020 (Special Closed Meeting) ………………………………
12
Financial Highlights ………………………………………………………………
13
Bills
………………………………………………………………………………
Treasurer’s Report
14 – 34
………………………………………………………………
35 – 38
Balance Sheet ………………………………………………………………………
39 – 40
………………………………………
41 – 45
Statement of Revenue and Expenditures Bid Information
……………………………………………………………….
46
Contracts Requiring Board Approval
………………………………………
47 – 88
Purchases Requiring Board Approval
………………………………………
89 – 112
Contract Change Orders/Insurance Renewals/Asset Disposal Personnel Report
………………
………………………………………………………………
Awarded Grants and Sponsored Contracts
………………………………………
113 114 – 116 117 – 120b
Acknowledgement of Grants and Sponsored Contract Agreements ………………
121 – 131
……………………………………....
132 – 134
Pending Grants and Sponsored Contracts
Acknowledgement of Contracts $5,000 and less
……………………………… i
135
………………………………………………………………
136
Construction Projects Status Report ………………………………………………
137
Announcements
………………
138 - 139
………………………
140 – 151
Inland Rivers, Ports, and Terminals Intergovernmental Agreement ………………
152 – 165
………………………………………
166 – 174
Memorandum of Understanding with University of Illinois: Illinois Sustainable Technology Center Haskell Hall Space Renewal ………………………………
175 – 189
………………………………………
190 – 193
TRiO Educational Opportunity Center (TRiO EOC) Lease ……………………….
194 – 208
……………………….
209 – 216
FabLab contribution to LC district hospitals and first responders Approval of Grant or Sponsored Contract Opportunities
Lease Agreement with Illinois Humanities
Mobile Unit Storage Lease Agreement
Renewal of Pride, Inc./LCCC Office Lease Agreement
Renewal of Riverbend Growth Association (RBGA)/LCCC Office Lease Agreement
217 – 224
New AAS degrees – Medical Laboratory Technician and Surgical Technician
.
225
Rank and Promotion Committee Recommendations ……………………………….
226
……………………………….
227
……………….
228
RESOLUTION 20-10, Working Cash Transfer, Operations & Maintenance Fund .
220
……………………….
230
RESOLUTION 20-8, Annual Inter-fund Transfer
RESOLUTION 20-9, Working Cash Transfer Education Fund
CARES Act Funding Distribution Plan for L&C Students
……………………………………………….
231 – 232
Approval of 51 one-year administrative contracts effective July 1, 2020. Contracts are posted on the website of the college. ………………………………..
233 – 237
Approval of Resolution 20-11 authorizing Reduction in Force and Honorable Dismissal of Part-Time Staff ……………………………………………………….
238 – 242
Employee Group Insurance Plans
ii
Page 1 COMMUNITY COLLEGE DISTRICT NO. 536 LEWIS AND CLARK COMMUNITY COLLEGE AMENDED AGENDA MEETING-BOARD OF TRUSTEES May 19, 2020 7:00 pm To be held online in a virtual format, with all meeting content and public comments, via phone or otherwise, being recorded. Access to the Board of Trustees meeting is provided via teleconference online via ZOOM
https://lewisclark.zoom.us/j/96880649345?pwd=WEJwblh0MFpaaGEvR3BSd1g1dThkQT09
or by phone at 312-626-6799 with Meeting ID 968 8064 9435 and Password 463136. Community members wishing to make public comment may submit their comments to skeener@lc.edu before 4 pm on May 19, 2020. I.
CALL TO ORDER AND ROLL CALL: David, Heyen, Chair Julie Johnson, Vice Chair Kevin Rust, Secretary Charles Hanfelder, Assistant Secretary
Robert Watson, Member Brenda Walker McCain, Member Dwight Werts, Member April Tulgetske, Student Member
II.
BOARD ACTION REGARDING SEATING OF STUDENT BOARD MEMBER— Ashtyn Britt
III.
PLEDGE OF ALLEGIANCE
IV.
PUBLIC COMMENT
V.
OMNIBUS AGENDA (The following items will be approved in one motion unless any Board member wishes to have an item pulled prior to the vote.) A. B. C. D. E. F. G. H. I. J.
Approval of Minutes for April 14, 2020 (Regular Meeting) (p. 3 - 9) Approval of Minutes for May 4, 2020 (Special Closed Meeting) (p. 10) Approval of Minutes for May 6, 2020 (Special Closed Meeting) (p. 11) Approval of Minutes for May 8, 2020 (Special Closed Meeting) (p. 12) Financial Highlights (p. 13) Bills (p. 14 - 34) Treasurer’s Report (p. 35 - 38) Balance Sheet (p. 39 - 40) Statement of Revenue and Expenditures (p 41 - 45) Bid Information (p. 46)
Page 2--Amended K. L. M. N. VI.
INFORMATIONAL ITEMS: O. P. Q. R. S.
VII.
Construction Projects Status Report (p. 137) FabLab contribution to LC district hospitals and first responders (p. 138 – 139)
ACTION ITEMS: V. W. X. Y. Z. AA. AB. AC. AD. AE. AF. AG. AH. AI. AJ. AK. AL.
IX.
Awarded Grants and Sponsored Contracts (p. 117 - 120) Acknowledgement of Grants and Sponsored Contract Agreements (p. 121 - 131) Pending Grants and Sponsored Contracts (p. 132 - 134) Acknowledgement of Contracts $5,000 and less (p. 135) Announcements (p. 136)
DISCUSSION ITEMS: T. U.
VIII.
Contracts Requiring Board Approval (p. 47 - 88) Purchases Requiring Board Approval (p. 89 - 112) Contract Change Orders/Insurance Renewals/Asset Disposal (p. 113) Personnel (p. 114 - 116)
Approval of Grant or Sponsored Contract Opportunities (p. 140 - 151) Inland Rivers, Ports, and Terminals Intergovernmental Agreement (p. 152 - 165) Lease Agreement with Illinois Humanities (p. 166 - 174) Memorandum of Understanding with University of Illinois: Illinois Sustainable Technology Center Haskell Hall Space Renewal (p. 175 - 189) Mobile Unit Storage Lease Agreement (p. 190 - 193) TRiO Educational Opportunity Center (TRiO EOC) Lease (p. 194 - 208) Renewal of Pride, Inc./LCCC Office Lease Agreement (p. 209 – 216) Renewal of Riverbend Growth Association (RBGA)/LCCC Office Lease Agreement (p. 217 - 224) New AAS degrees – Medical Laboratory Technician and Surgical Technician (p. 225) Rank and Promotion Committee Recommendations (p. 226) RESOLUTION 20-8, Annual Inter-fund Transfer (p. 227) RESOLUTION 20-9, Working Cash Transfer Education Fund (p. 228) RESOLUTION 20-10, Working Cash Transfer, Operations & Maintenance Fund (p. 229) CARES Act Funding Distribution Plan for L&C Students (p. 230) Employee Group Insurance Plans (p. 231 – 232) Approval of 51 one-year administrative contracts effective July 1, 2020. Contracts are posted on the website of the college. (p. 233 - 237) Approval of Resolution 20-11 authorizing Reduction in Force and Honorable Dismissal of Part-Time Staff (p. 238 - 242)
ADJOURNMENT
Page 3 COMMUNITY COLLEGE DISTRICT NO. 536 BOARD OF TRUSTEES April 14, 2020 The Regular Meeting of the Board of Trustees of Lewis and Clark Community College, District No. 536, April 14, 2020 was held online in a virtual format by teleconference via ZOOM https://lewisclark.zoom.us/j/242459774 or by phone at 312-626-6799 with Meeting ID 242 459 774. The meeting was called to order at 5:15 p.m., Tuesday, April 14, 2020.
ROLL CALL
Present David Heyen, Chair Julie Johnson, Vice Chair Kevin Rust, Secretary Charles Hanfelder, Assistant Secretary, arrived after roll call Robert Watson, Member Brenda Walker McCain, Member Dwight Werts, Member April Tulgetske, Student Member Absent--None
Also present were Lori Artis, Brett Reinert, Linda Chapman, Kent Scheffel, Sean Hill, Mary Schulte, Nancy Kaiser, Jill Lane, Sue Czerwinski, Debby Witsken, Jeff Watson, Ted Kratschmer, Val Harris, Laura Inlow, Nate Keener, Travis Jumper, Miles Corcoran, Brad Raish, John Keller, Dylan Suttles, Dennis Weedman, Sue Keener and other faculty, staff, and community members. PUBLIC COMMENT Due to the virtual format of the meeting, community members wishing to make public comment were instructed to submit their comments to skeener@lc.edu before 4:00 pm on April 14, 2020. No comments were submitted.
APPROVAL ITEMS Following the recommendation Mr. Rust MOVED and Mr. Werts SECONDED that an omnibus motion be made for the following approval items: Approval of the Minutes for the Regular Meeting on March 10, 2020 as presented; Approval of the Bills as presented in (Attachment 1 of these Minutes);
Minutes April 14, 2020
Page 4
Approval of the Treasurer’s Report as presented in (Attachment 2 of these Minutes); Approval of the Balance Sheet as presented in (Attachment 3 of these Minutes); Approval of the Statement of Revenue and Expenditures as presented in (Attachment 4 of these Minutes); Approval of the Auxiliary Report as presented in (Attachment 5 of these minutes); Approval of the Restricted Report as presented in (Attachment 6 of these minutes); Approval of the Bid Information as presented in (Attachment 7 of these Minutes); Approval of Contracts Requiring Board Approval (Attachment 8 of these Minutes) Approval of Purchases Requiring Board Approval (Attachment 9 of these Minutes) Approval of the Contract Change Orders/Insurance Renewals/Asset Disposal as presented in (Attachment 10 of these Minutes); Approval of the Personnel Report for the Separation of: Full-Time Rhanor, Allison – Environmental Educator, NGRREC, effective April 3, 2020. Part-Time—N/A and approve employment of; Full-Time Fisher, Sarah – Director, Environmental Education, effective April 16, 2020. Haake, Danelle – RiverWatch Director/Stream Ecologist, effective April 16, 2020 [Revised hire date]. Part-Time—N/A Part-Time, Short Term Allen, Alexis - Catering Assistant, Dining Services, effective March 5, 2020. Baalman, Kadiah - Lifeguard, Community Education, effective March 23, 2020. Bornes, Katie - Educational Aide, Student Development and Counseling, effective March 16, 2020. Franke, Robert - CWT Trainer, Workforce Ed, Solutions & Safety Training, effective March 16, 2020. Kuntzman, Skyler - Lifeguard, Community Education, effective March 23, 2020. Long, Emma - Lifeguard, Community Education, effective March 23, 2020. Mitchell, William - Catering Assistant, Dining Services, effective March 5, 2020.
Minutes April 14, 2020
Page 5
Part-Time/Overload(For period of 2-16-2020 to 3-15-2020) Baahlmann, Katelyn S Barnett, Melissa K Brown, Roberta E Campbell, Steven P
Cavanaugh, Melissa S
Chappee, Candida L
Cranmer, Eric D Fosha, Christina M Goetz, Tara M Hopkins, Sharon Z
Hurn, Gwendolyn S Jett, Louise M Kamp, Nathan D Karateew, Daniel N
Jobs Clinical Practice Clinical Practice Dental Office Management Graphic Design I Graphic Design I Graphic Design III Graphic Design III Advanced Adobe Photoshop Computer Graphics Cooperative Web Animation Teaching & Learning Assessment Preventive Dentistry Preventive Dentistry Preventive Dentistry Preventive Dentistry Dental Hygiene Practice II Dental Hygiene Practice II Preventive Dentistry Preventive Dentistry Preventive Dentistry Preventive Dentistry Hazardous Materials Awareness Dental Hygiene Practice II Adobe Illustrator Math Art Self Advocacy Healthy Snacking Drama Sewing Popular Culture English As a Second Language II English As a Second Language II Using Social Media Trinity Tower -Adult CPR Trinity Tower -Confined Space Dental Hygiene Practice II
Minutes April 14, 2020 Kosydor, Tiffany J Kuebrich, Paul M
Lemoine, Edward C Marsh, Kelley F McClellan, Doyle V Moody, Kathy S Noble, Penny K Robeen, Gene L Silva, Lori D Splaingard, Kent J Sweetman, Jake L Teepe, Lesa M Vaughn, Sheila M Wellhausen, Kevin M
Page 6
Community Oral Health Community Oral Health Eastman: Written Assessment Eastman: Hands-On Assessment Eastman: Written Assessment Eastman: Hands-On Assessment Pre-GED Instruction Pre-Apprentice-Tools Computer Network & System Internship Pre-GED Instruction Pre-GED Instruction Prealgebra I Web Animation Pre-GED Instruction Dental Hygiene Practice II AFD-Fire Apparatus Engineer(FAE) Horseback Riding Horseback Riding Pre-GED Instruction Basic Nurse Assistant Training
and approve promotion/transfer—N/A and approve the Leaves of Absences—N/A Upon a roll call vote the Trustees voted as follows:
MOTION CARRIED
Tulgetske (advisory vote)
Yea
Rust Werts Heyen Johnson Hanfelder Watson McCain
Yea Yea Yea Yea Absent Yea Yea
Minutes April 14, 2020
Page 7
INFORMATIONAL ITEMS Interim President Lori Artis provided an update to the Board on the current situation of the college in response to the pandemic. Artis restated that instruction has been moved into an online environment, with anyone who can work from home doing so. Programs and courses requiring hands-on instruction and face-to-face learning have been postponed until a time when it is safe to return to campus. Our focus remains on providing quality academic instruction to our students during this time. We recognize online learning is not what most of our students signed up to do, and not all students can be successful in an online environment, so we are working with support staff and faculty to do everything we can to support student learning. We have moved all of our student support services online as well and are communicating with students how they can access those services remotely. Artis commended faculty for quickly moving their materials and efforts online, and IT and Blackboard staff for their ongoing support in that process. She also thanked Campus Safety and Security and others for their necessary daily presence on campus, while following CDC guidelines and utilizing social distancing to ensure essential operations continue, and that our campus facilities remain safe and secure during this stay-at-home order. “We have been challenged to think creatively about how to serve students, and we want to thank the Board for their support of our needs in order to move into this remote environment,” she said. “These are definitely unprecedented times. No one could have predicted the challenges we are encountering daily, but I have to commend the administration for their daily leadership to help us find solutions to the issues our campus community is encountering.” Artis said administration remains in communication with the college’s accrediting agencies and receives regular guidance and updates from the Illinois Community College Board. Administrators are also reviewing the summer schedule. The guidance we are receiving at this time has us strongly considering the need to move our summer learning into an online format as well. We are working through the logistics of that at this time. We are also working with guidance from the state that will provide us some unique grading options for our students for the spring semester. The college will receive more than $2 million in funding from the CARES Act. Half will be made available to students in the form of emergency assistance. Leadership is preparing a method for distribution of those funds. Artis also announced that after surveying students, who largely preferred to push the ceremony back, the decision has been made to officially reschedule the college’s 49th Annual Commencement to Sunday, December 20, with the traditional ceremony beginning at 2 p.m. “This date allows our transfer students the chance to return home for this celebration as well,” Artis said.
Minutes April 14, 2020
Page 8
Following the recommendation Mr. Werts MOVED and Ms. Johnson SECONDED that the Board adjourn to closed session for the purpose of the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body. Upon a roll call vote the Trustees voted as follows: Tulgetske (advisory vote)
Yea
Werts Johnson Rust Hanfelder Watson McCain Heyen
Yea Yea Yea Absent Yea Yea Yea
MOTION CARRIED Chairman Heyen informed the public the specific purpose of the closed session was for The Pauley Group to provide an update on the presidential search process and to prepare the Board for upcoming interviews. Further, following the closed session, the Board will return to open session but there will be no action taken. The open meeting was adjourned at 5:27 pm. The closed session began at 5:31 pm and was attended by April Tulgetske, Robert Watson, Brenda McCain, Dwight Werts, David Heyen, Julie Johnson, Kevin Rust, Charles Hanfelder, Lori Artis, Brett Reinert, Dennis Weedman, Angela Provart, and Sue Keener. Following vote by voice, the closed session adjourned at 6:14 pm. The open meeting resumed at 6:18 pm. ROLL CALL
Present David Heyen, Chair Julie Johnson, Vice Chair Kevin Rust, Secretary Charles Hanfelder, Assistant Secretary Robert Watson, Member Brenda Walker McCain, Member Dwight Werts, Member April Tulgetske, Student Member Absent—None
Minutes April 14, 2020
Page 9
ANNOUNCEMENTS
The next Regular Meeting of the Board of Trustees will be held on Tuesday, May 19, 2020, at 7:00 p.m., in the Ahlemeyer Atrium of the Trimpe Advanced Technology Center, Lewis and Clark Community College.
ADJOURNMENT There being no further business Mr. Werts MOVED and Ms. McCain SECONDED that the meeting be adjourned. Following vote by voice, the Chair Declared the MEETING ADJOURNED at 6:18 p.m.
Kevin Rust, Secretary
DATED:
David Heyen, Chair
Page 10 COMMUNITY COLLEGE DISTRICT NO. 536 BOARD OF TRUSTEES May 4, 2020 SPECIAL BOARD MEETING MINUTES The Open Session of the Special Closed Meeting of the Board of Trustees of Lewis and Clark Community College, District No. 536, for “the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body” was called to order at 5:30 p.m., Monday, May 4, 2020, online in a virtual format by teleconference via ZOOM https://lewisclark.zoom.us/j/97095379628?pwd=OGxBaW16L05WZEhWMkU0UE5WSkdRUT09
or by phone at 312-626-6799 with Meeting ID 970 9537 9628 and Password 391873. ROLL CALL Open Session
Present David Heyen, Chair Julie Johnson, Vice Chair Kevin Rust, Secretary Charles Hanfelder, Assistant Secretary Robert Watson, Member Brenda Walker McCain, Member Dwight Werts, Member Ashtyn Britt, Student Member Absent--None
Also present were Brett Reinert, Gabe Springer, Dennis Weedman, Angela Provart, and Sue Keener. No public comments were submitted. Mr. Watson MOVED and Ms. Johnson SECOND the meeting be adjourned to closed session. Following vote by voice, the group dismissed to closed session at 5:32 pm. Following vote by voice, the closed session adjourned at 8:01 pm. At 8:02 pm, the open session resumed with the following in attendance: Chairman Heyen, Trustee Johnson, Trustee Rust, Trustee Hanfelder, Brett Reinert, Gabe Springer, and Sue Keener. There being no further business, Mr. Rust MOVED and Ms. Johnson SECOND the meeting be adjourned. Following vote by voice the Chair declared the meeting adjourned at 8:03 pm.
Kevin Rust, Secretary DATED:
David Heyen, Chair
Page 11 COMMUNITY COLLEGE DISTRICT NO. 536 BOARD OF TRUSTEES May 6, 2020 SPECIAL BOARD MEETING MINUTES The Open Session of the Special Closed Meeting of the Board of Trustees of Lewis and Clark Community College, District No. 536, for “the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body” was called to order at 5:30 p.m., Wednesday, May 6, 2020, online in a virtual format by teleconference via ZOOM https://lewisclark.zoom.us/j/97296223408?pwd=M0lrMzQ3MUVBVFRaeW9BKy9IWENlZz09
or by phone at 312 626 6799 with meeting ID 972 9622 3408 and password 780484. ROLL CALL Open Session
Present David Heyen, Chair Julie Johnson, Vice Chair Kevin Rust, Secretary Charles Hanfelder, Assistant Secretary Robert Watson, Member Brenda Walker McCain, Member Dwight Werts, Member Ashtyn Britt, Student Member Absent--None
Also present were Brett Reinert, Gabe Springer, Dennis Weedman, Angela Provart, Rassoul Dastmozd, and Sue Keener. No public comments were submitted. Mr. Werts MOVED and Mr. Rust SECOND the meeting be adjourned to closed session. Following vote by voice, the group dismissed to closed session at 5:32 pm. Following vote by voice, the closed session adjourned at 7:29 pm. At 7:30 pm, the open session resumed with the following in attendance: Chairman Heyen, Trustee Johnson, Trustee Rust, Trustee Hanfelder, Robert Watson, Dwight Werts, Ashtyn Britt, Brett Reinert, Gabe Springer, and Sue Keener. There being no further business, Mr. Werts MOVED and Mr. Hanfelder SECOND the meeting be adjourned. Following vote by voice the Chair declared the meeting adjourned at 7:31 pm.
Kevin Rust, Secretary DATED:
David Heyen, Chair
Page 12 COMMUNITY COLLEGE DISTRICT NO. 536 BOARD OF TRUSTEES May 8, 2020 SPECIAL BOARD MEETING MINUTES The Open Session of the Special Closed Meeting of the Board of Trustees of Lewis and Clark Community College, District No. 536, for “the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body” was called to order at 5:32 p.m., Friday, May 8, 2020, online in a virtual format by teleconference via ZOOM https://lewisclark.zoom.us/j/96830975761?pwd=aWwzTVVXb3o3MmhCSzc4ZnF5VW5jdz09
or by phone at 312-626-6799 with Meeting ID 968 3097 5761 and Password 147766.
ROLL CALL Open Session
Present David Heyen, Chair Julie Johnson, Vice Chair Kevin Rust, Secretary Charles Hanfelder, Assistant Secretary Robert Watson, Member Brenda Walker McCain, Member Dwight Werts, Member Ashtyn Britt, Student Member Absent--None
Also present were Brett Reinert, Gabe Springer, Dennis Weedman, Angela Provart, Dr. Ken Trzaska, and Sue Keener. No public comments were submitted. Mr. Hanfelder MOVED and Mr. Rust SECOND the meeting be adjourned to closed session. Following vote by voice, the group dismissed to closed session at 5:33 pm. Following vote by voice, the closed session adjourned at 7:22 pm. At 7:23 pm, the open session resumed with the following in attendance: Chairman Heyen, Trustee Johnson, Trustee Rust, Trustee Hanfelder, Trustee Watson, Trustee Werts, Student Trustee Ashtyn Britt, Brett Reinert, Gabe Springer, and Sue Keener. There being no further business, Mr. Werts MOVED and Mr. Rust SECOND the meeting be adjourned. Following vote by voice the Chair declared the meeting adjourned at 7:23 pm.
Kevin Rust, Secretary DATED:
David Heyen, Chair
Page 46
BID INFORMATION May 19, 2020
BID RESULTS: DESCRIPTION Bid #12-90 Security Services Security
VENDOR *Allied Universal Security Services Security Officer 2020 Salary $18.00/Hr - Unarmed 2020 Salary $20.00/Hr - Armed Major/Site Supervisor 2020 Salary $56,000.00 - Armed Lieutenant 2020 Salary $22.00/Hr - Unarmed 2020 Salary $24.00/Hr - Armed Sergeant 2020 Salary $20.00/Hr - Unarmed 2020 Salary $22.00/Hr - Armed G4S Secure Solutions (USA) Inc.
LOCATION St. Louis, Missouri Hourly Bill Rate
QUOTATION Overtime Bill Rate
$25.68 $28.28
$38.52 $42.42
$36.35
N/A
$30.87 $33.47
$46.31 $50.21
$28.28 $30.87
$42.42 $46.31
St. Louis, Missouri Hourly Bill Rate
Overtime Bill Rate
$25.79 $28.58
$36.11 $40.01
$41.13
$57.58
$31.03 $33.84
$43.44 $47.38
$28.42 $31.20
$39.79 $43.68
St. Louis, Missouri Hourly Bill Rate
Overtime Bill Rate
Security Officer 2020 Salary $18.00Hr - Unarmed 2020 Salary $20.00/Hr - Armed Major/Site Supervisor 2020 Salary $56,000.00 - Armed Lieutenant 2020 Salary $22.00/Hr - Unarmed 2020 Salary $24.00/Hr - Armed Sergeant 2020 Salary $20.00/Hr - Unarmed 2020 Salary $22.00/Hr - Armed GardaWorld Security Services
Security Officer $27.24 2020 Salary $18.00/Hr - Unarmed $30.74 2020 Salary $20.00/Hr - Armed Major/Site Supervisor 2020 Salary $56,000.00 - Armed $39.77 Lieutenant 2020 Salary $22.00/Hr - Unarmed $32.72 $36.37 2020 Salary $24.00/Hr - Armed Sergeant 2020 Salary $20.00/Hr - Unarmed $29.98 2020 Salary $22.00/Hr - Armed $33.56 Securitas Security Services USA, Inc Fairview Heights, Illinois Hourly Bill Rate Security Officer $25.75 2020 Salary $18.00/Hr - Unarmed $28.60 2020 Salary $20.00/Hr - Armed Major/Site Supervisor 2020 Salary $56,000.00 - Armed $38.47 Lieutenant 2020 Salary $22.00/Hr - Unarmed $31.45 $34.30 2020 Salary $24.00/Hr - Armed Sergeant 2020 Salary $20.00/Hr - Unarmed $28.60 2020 Salary $22.00/Hr - Armed $31.45 *We are recommending for approval: Allied Universal Security Services
$40.86 $46.11 $59.66 $49.08 $54.56 $44.97 $50.34 Overtime Bill Rate $38.63 $42.90 $57.70 $47.18 $51.45 $42.90 $47.18
PURCHASE COST
Page 113
Contract Change Orders 19-May-20
PROJECT
CHANGE ORDER #
CONTRACTOR
DESCRIPTION
NONE
TOTAL $0.00
INSURANCE
VENDOR
CARRIER
INSURANCE PERIOD
TYPE OF INSURANCE
USI USI USI USI USI USI USI USI
United Educators Insurance United Educators Insurance United Educators Insurance Traveler's Casualty & Surety Co. Ironshore Indemnity, Inc. Continental Insurance Co. Landmark American Insurance Co. Traveler's Indemnity Co.
5/1/2020 - 5/1/2021 5/1/2020 - 5/1/2021 5/1/2020 - 5/1/2021 5/1/2020 - 5/1/2021 5/1/2020 - 5/1/2021 5/1/2020 - 5/1/2021 5/1/2020 - 5/1/2021 5/1/2020 - 5/1/2021
Renewal - Primary Liability Renewal - Leaders and Educators Liability Renewal - Commercial General Liability Renewal - Crime Protection Renewal - Fine Arts Renewal - Vessel Equipment Renewal - Professional Liability-Dental, MHU,NP,FHC Renewal - Business Automobile
Policy Limits PREMIUM AMOUNT $1M/$3M $20M $20M $1M $4.39M $1M $1M/$3M $1M
$93,498 $78,432 $64,748 $5,070 $6,819 $34,680 $17,652 $91,464
ASSET DISPOSAL ASSET(S) None
BOOK VALUE
CURRENT MARKET VALUE
REASON
Page 114 1. SEPARATIONS A.
Full-Time 1. Chapman, Linda – Vice President, Academic Affairs, effective June 30, 2020; 2. Walker, Sharon – Mobile Health Unit/Maintenance Worker III, Health Services, effective April 28, 2020.
B.
Part-Time N/A
2. EMPLOYMENT A.
Full-Time 1. Stouffer, Meghan – Associate Professor, Science Department, Chemistry, effective August 17, 2020. 2. Hutcherson, Luther – Instructor, Science Department, Chemistry, effective August 17, 2020.
B.
Part-Time 1. N/A
C.
Part-Time, Short Term 1. Kimble, Bradley – English Teacher, Upward Bound, effective June 8, 2020; 2. King, Elam – Science/Social Science Teacher, Upward Bound, effective June 8, 2020; 3. Leflore-Porter, Latasha – Language Arts/Foreign Teacher, Upward Bound, effective June 8,2020; 4. Loveless, Jurre – Tutor/Counselor, Upward Bound, effective June 8, 2020; 5. Westfall-Herron, Staci – Math Teacher, Upward Bound, effective June 8, 2020.
D.
Part-Time/Overload (For period of 3-16-2020 to 4-15-2020) Adney, Thomas N Banks, Randolph E Batchelor, Melissa A Bolin, Alicia M
Botterbush, Kevin J Conlee, Kathryn M Cook, Benjamin D
Instrumentation II Percussion Introduction to Child Development Dental Hygiene Practice II Dental Hygiene Practice II Dental Hygiene Practice II Real Estate Transactions Water Safety Instructor Automatic Transmissions & Transaxle
Page 115 Darr, Raymond C Dollins, Leonard B Dorris, Barbara A Dyer, Kevin C Ellis, Kathleen L Fuchs, Diana M Gockel, Rebecca S Greer, Victoria N Hughes, Pamela S Jackson, Juliet R Jumper, Travis Lancaster, Brenda F Lanigan, Kevin L Lee, Robert E Lemoine, Edward C Marsh, Kelley F McHugh, Barbara J Michael, Louis P Moody, Kathy S Raynor, Blake E
Renth, Clayton V Reynolds, Christopher E Richardson, Derrick D Silva, Lori D Slusser, Thomas E Smith, Jannette G Stanard, Susan P Steinmann, Thomas D Stevenson, Megan R Swiezynski, Catherine H Vaughn, Sheila M
Contemporary Moral Problems (Ethics) Pre-GED Instruction Pre-GED Instruction Process Technology Equipment II Job Seeking Skills Pre-GED Instruction Wills, Trusts, and Estate Planning Pre-GED Instruction Dental Hygiene Practice II Voice Voice Shielded Metal Arc Welding III Voice Advanced Pipe Welding Advanced Pipe Welding Pre-GED Instruction Pre-Apprentice-Tools Pre-Apprentice-Carpentry Piano Piano Piano GED Test Preparation Pre-GED Instruction Pharmacology for Medical Assistants Pharmacology for Medical Assistants Clinical Medical Assisting Skills II Clinical Medical Assisting Skills II Medical Assisting Exam Review Auto. Heating/Cooling & Air Cond. Indep. Study in Automotive Tech Fire Instructor I GED Test Preparation Pre-GED Instruction Basic Nurse Assistant Training Basic Nurse Assistant Training Voice Technical Math for Allied Health Pre-GED Instruction Violin Violin Pre-GED Instruction
Page 116 Watson, Mary L Williams, Pamela D Witt, Jimmie L Zumwalt, John J
Implementing Blackboard Learn Pre-GED Instruction AC: Fundamentals in Electricity Process Instrumentation Control II Advanced Pipe Welding Advanced Flux Cored Welding
3. PROMOTIONS/TRANSFER 1. N/A 4. LEAVE OF ABSENCES 1. Sandidge, Leah – Enrollment Assistant, Enrollment Services, on leave effective March 30, 2020; returned from leave effective April 8, 2020; 2. Wilson, Ann – Academic Advisor, Enrollment Services, on leave effective March 30, 2020; returned from leave effective April 27, 2020; 3. Woodward, Spencer – Land Conservation Specialist, NGRREC, on leave effective May 11, 2020. 5. CONTRACTS FOR NON-RENEWAL 1. Genovese, Tonya – Compliance Officer, effective with contract ending June 30, 2020. 6. NEW POSITIONS FOR POSTING 1. N/A
Page 117 Page 108 Awarded Grants and Sponsored Contracts 5/19/2020 Aw ard Acknow ledged by Board
Opportunity ID
Opportunity Approved by Board
Funding Agency
New Grant or Continuation
US Dept of Labor
continuation
2017
P044A1600221 9
Title YouthBuild: Building Futures Educational Talent Search
US Dept. of Education
continuation
2016
P047A17058719
Upward Bound
US Dept. of Education
continuation
total for 5 years 2016 2021 = $1,552,518 total for 5 years 2017 2017 2022 = $1,632,405
continuation
2018
Identifier YB-31072-1760-A17
N/A
1125
LEAD53619
761562-01-001
19SL179001
YouthBuild USA--IT Pathways
YouthBuild USA-JP Morgan Chase Foundation IL Council on Developmental Disabilities
Southern IL Transition ICCB-Dual Credit CNA to RN Career Patheway ICCB
SIUE/NSF Noyce Agreement Renewable Energy Project--IGEN
6/11/2019
6/11/2019
IBTP-53619
6/11/2019
6/11/2019
201CWS20
Innovative Bridge and Transitions Program IL Cooperative Work Study Grant
New
2018
New
2018
SIUE
continuation
Secretary of State
New
ICCB
New
Amt Submitted Requested
Grant extended by Grantor
5/1/2019
$100,000
IL Bd of Higher Education New Madison County Employment and Training Dept. continuation
6/11/2019 4/30/2019
$15,760
6/11/2019
6/11/2019
2019-24-09
Vocational Training Agreement
7/9/2019
6/11/2019
FAM-19-924
Family Literacy
IL Secretary of State
continuation
6/11/2019 6/17/2019
8/13/2019
6/11/2019
AVL-19-914
Adult Volunteer Literacy Highway Construction Careers Training Program Lewis and Clark Radio Information Services
IL Secretary of State
continuation
6/11/2019 6/17/2019
Illinois Department of Transportation
Continuing Intergovernmental Agreement
IL State Library
Continuation
WIOA Youth Program
Madison County Employment continuation and Training 6/11/2019 4/11/2019
$69,457
Carl Perkins Grant
ICCB
$319,574
8/13/2019 7.9.19-3
7.9.19-3
8/13/2019
6/11/2019
8/13/2019
6/11/2019
20-2010-RIS 2019-YEEP003
8/13/2019
6/11/2019
CTE51720
Continuation
6/11/2019 N/A
7/9/2019 6/11/2019 4/30/2019
6/11/2019
Term 9/1/17 $1,100,000 12/31/20 9/1/19 $312,420 8/31/20 9/1/19 $320,484 8/31/20
8/1/18 $21,710 7/31/20 7/1/18 $2,000,000 6/30/20 7/1/19 5/31/20 $100,000 6/30/20 7/1/19 $8,728.05 8/31/20 7/1/19 6/30/20 6/15/19 $50,000 6/30/20 6/15/19 $63,300 6/30/20
Cost Reimbursement
N/A $50,000 $63,300
$354,400 $17,438
Matching Requirement
7/1/19 $354,400 6/30/20 7/1/19 $17,438 6/30/20 $59,040 7/1/19 - 6/30/20 7/1/19 $319,574 6/30/20
Program and Contact
$275,000 L. Chapman/V. Harris S. Hill/C. Robinson S. Hill/C. Robinson
1/1/18 $90,000 12/31/20 10/15/18 $272,859 10/14/2021 1/1/19 $46,838 6/30/20
5 year grant 8/1/14 - 7/31/20 = $108,550, extension approved by Grantor 2018--Extension approved by Grantor
6/11/2019
Amt Awarded
L. Chapman/V. Harris
$54,572 L. Chapman/J. Lorbach L Chapman/S Czerwinski
L. Chapman/J. Lane D Chapman/R. Hilgenbrink
$0 V. Harris $4,000 in kind
T. Lane
$0 T. Lane $0 Dr. Valorie Harris $0 Dr. Valorie Harris
$0 Val Harris $0 M. Lemons $0 Val Harris $0 L Chapman/J Lane
Page 118 Page 109 Awarded Grants and Sponsored Contracts 5/19/2020 Aw ard Acknow ledged by Board
Opportunity ID
Identifier
Title
Funding Agency
New Grant or Continuation
Opportunity Approved by Board
Amt Submitted Requested
Amt Awarded
Term 8/15/19 $99,400 8/14/20 5/1/19 3/31/20 $600,000 6/30/20 7/1/19 $550,875 6/30/20
Matching Requirement
Program and Contact
9/10/2019
6/11/2019
19NDHMA0030 032
YouthBuild Americorps
YouthBuild USA
Continuation
6/11/2019 12/4/2018
$99,400
10/8/2019
6/11/2019
ESLHEC 53619
East STL Higher Ed Center
ICCB
Continuation
6/11/2019 4/30/2019
$600,000
10/8/2019
6/11/2019 5360120
Adult Ed and Literacy
ICCB
Continuation
6/11/2019
$550,615
Educational Talent Search
US Dept. of Education
continuation
2016
total for 5 years 2016 2021 = $1,552,518
9/1/19 $340,354 8/31/20
S. Hill/C. Robinson pg
US Dept. of Education
continuation
total for 5 years 2017 2017 2022 = $1,632,405
9/1/19 $357,868 8/31/20
S. Hill/C. Robinson pg
YouthBuild USA
New--received invitation 7/10/19
10/8/2019
P044A16002219
10/8/2019
P047A17058719
10/8/2019 8.13.19-4 11/7/2019 and 12/10/19
11/7/2019
12/10/2019 12/10/2019
12/10/2019
Upward Bound YouthBuild USA CSET 3.0 Career Pathways 8.13.19-4 Initiative
93489017G-2 Contract for $102,000 approved 10/8/19 Additional $25,000 aw arded 12/10/19
IL Green Economy Network (IGEN) Contract Approved 6/11/2019 10/8/19 Solar Workforce Grant Early School leaver 6/11/2019 S-ESLTP-53620 Transition Program Truant's Alternative and Optional Education 6/11/2019 20-3695-18 Program
2/11/2020 2.11.20-1
TIME-53620
2/11/2020 11.7.19-2
04101073T
2/11/2020 9.10.19-2
2020-CSB G-003
2/11/2020
Dental Sealant Grant
Transitional Instructional Math and English Illinois YouthBuild Coalition
Vocational Training Renewable Energy 6/11/2019 REF20800 Project--IGEN
8/13/2019
$5,000 8/1/19 - 6/24/20
$0 Val Harris
$2,000
10/1/19 $2,000 9/30/20
$0 T. Kosydor/S. Czerwinski
Continuation
6/11/2019
IL Secretary of State
New
6/11/2019 4/15/2019
Dept. of Energy IGEN
New
6/11/2019
ICCB
New
6/11/2019
$75,000
IL State Bd of Ed
Continuation
6/11/2019
$50,626
7/1/19 $50,626 6/30/20
ICCB Illinois YouthBuild Coalition, Inc.
New
2/11/20--Grant awarded to all Illinois Community Colleges
7/1/19 $15,000 6/30/20
Madison County CSBG
Continuation
IL EPA
New
New
$0 L. Chapman $127,654 V. Harris
$5,000
IDPH
7/5/2018
$99,400 V. Harris
$161,000
$60,000
11/7/2019 11/1/2019 up to $250,000 Scholarship s and stipends for Fall 2019 individual 9/10/2019 for 2020 students January, 6/11/2019 2019 $2,000,000
3/20/19 $127,000 6/30/20
$104,689 2020 - 2022 7/1/19 $60,000 6/30/20
$244,504 1/1/20 - 8/31/20
1/1/20 $5,750 12/31/20 7/1/19 $2,000,000 6/30/20
No match required
N. Keener
$0 N. Keener $15,000 V. Harris
$0 V. Harris
$0 Linda Chapman $0 Val Harris
$0 Val Harris R Hilgenbrink/Nate $0 Keener
Page 119 Page 110 Awarded NGRREC℠ Grants and Sponsored Contracts 5/19/2020 Aw ard Acknow ledged by Board
Opportunity ID
Identifier 68-5A12-18001 Amendment 1
8/13/2019
19-032H
12/10/2019
T-112-R-1
17-444
3/10/2020 17-444
17-444
1838346
7/9/2019
G19AC00028
7/9/2019
6041782
8/13/2019
8/13/2019
8/13/2019
8/13/2019 10/8/2019
10/8/2019
10/8/2019 11/7/2019
6/11/2019
12/10/2019 and 3/10/20 7.9.19-2
68-5A12-18001
7.9.19-2
Opportunity Approved by Board
Amt Submitted Requested
Funding Agency
continuation
2019
Herpetological Species Land and Water Conservation Practices
IDNR
New
2016--No cost extension
McKnight Foundation
continuation
McKnight Foundation National Science Foundation
continuation
USDA Natural Resource Conservation Svc Dept of Natural NGRREC℠ Strike Team Resources
Land and Water Conservation Practices NSF-Rol:FELS:EAGER: Metabolic Asymmetry
CESU: Floodplain Forest USGS National Grants Canopy Gap Dynamics Branch HLC Wood River/Piasa Creek Watershed Heartlands Conservancy
Living with Wildlife Conservation Planning and Easement 6/11/2019 Management NGRREC℠ Habitat Strike Team at Natural 8.13.19-6 20RC113485 Heritage Sites CESU: Forest W912HZ-17-2- Resources Inventory and 6/11/2019 0021 Analysis Reforesting UMRS 6/11/2019 G19AC00361 Canopy Openings Improving Detection of Cryptic Forested Wetlands with Lidar 6/11/2019 12869735 Derivatives Population demography of Bird-voiced treefrogs in 6/11/2019 T-129-R-1 southern Illinois Great Lakes to Gulf 6/11/2019 90104 Virtual Observatory R20W147T12
New Grant or Continuation
Title NRCS-Technical Assistance - CRP & WRE
IL DNR
New
2017--Grantor Increased Funding by $382,836 2019
New
2018
New
2019
New
2018
Continuation
USDA NRCS CESU
Continuation
IDNR
New
6/11/2019
$801,840 $283,632
2017--Grantor extended term to 3/15/20
3/10/2020
Amt Awarded
$81,360 $100,000
Term 12/12/17 10/31/20 5/22/19 5/21/21 10/1/16 12/31/20 3/1/18 3/15/20
McKnight initiated award additional extending term to 12/31/21 $100,000
3/16/18 12/31/21 8/15/18 $297,582 7/31/20
4/1/2019
6/11/2019 6/24/2019
2019
$70,000
$70,000 7/1/19 - 6/30/21
5/7/2019
$114,771
6/11/2019 4/11/2019
$50,126
US EPA US Fish & Wildlife Services flow through IDNR Walton Family Foundation
New
6/11/2019
$135,886
1/1/20 $134,324 12/31/22
7/9/2019
Dick Warner/Gary Rolfe D Chapman/S Czerwinski/A Dell
$0 J. Shew/L. Guyon
6/11/2019
Lower Mississippi Water Lower Mississippi River Quality Data Inventory Conservation Committee New
none
$382,836
New
6/11/2019
$43,813 D Chapman/S Czerwinski D Cha+M91pman/B Kruidenier
$108,333 D. Chapman/R. Warner
Continuation
7/11/2019 5/14/2019
$370,442 D Chapman/R Warner
10/1/19 $382,836 10/31/20
USGS; CESU
Continuation
D Chapman/L Guyon/J Shew
$325,000
7/30/19 $114,771 7/30/20 8/19/19 $50,126 8/18/22
New
Program and Contact
1/1/19 $34,452 12/31/20 12/6/18 $24,999 12/31/20 7/1/19 $325,000 6/30/20
USACE Research Development CESU
6/3/2019
Matching Requirement
$179,460 $700,000
$25,000
10/1/19 $179,460 12/31/22 9/1/19 $700,000 4/30/21
1/1/20 $18,066 7/31/20
D Chapman/L Guyon D Chapman/S Czerwinski/J Sloan
$0 J. Shew
$0 L. Guyon $0 L.Guyon
$46,666 J. Crawford
$96,632 John Crawford $0 D. Chapman/D. Warner $10,000 in kind salary covered by other grants Ted Kratschmer
Page 120 Page 111 Awarded NGRREC℠ Grants and Sponsored Contracts 5/19/2020 Aw ard Acknow ledged by Board
1/14/2020
Opportunity ID
6/11/2019
2/11/2020 2.11.20-6
4/14/2020 2.11.20-5
5/19/2020 1.14.20-2
Identifier
Title NGRREC℠ IL Clean Water
From the Ground Up: Increasing Water Security through Public Awareness, Knowledge, and Professional 761640-002 Development Big Data Hubs and Spokes Collaborative: An Integrated Big Data Framework for Water Quality Issues in the Upper Mississippi River 09-2425-17800 Basin Web-based guidance for habitat improvements ORCPIAS2020 related to construction
Funding Agency
New Grant or Continuation
IL EPA
New
EPA, sub award through SIUE
New
National Science Foundation
Continuation
IL Department of Natural Resources
New
Opportunity Approved by Board
Amt Submitted Requested Amt Awarded January, 6/11/2019 2019 $2,000,000 $2,000,000 Submitted 4/19/18, and received notice of award 2/11/2020 1/20. $5,000.00 $5,000
1/14/2020
Term 7/1/19 6/30/20
1/1/20 8/31/21
Matching Requirement
Program and Contact
$0 Gary Rolfe
$0 Allison Rhanor
$111,416
$111,416 4/1/20 - 7/31/21
$0 Dick Warner
$58,000
$58,000 3/1/20 - 2/28/21
$0 Dick Warner
Page 121 Page 112
Aw ard Acknow ledged Opportunity by Board Identifier
Identifier
10/8/2019 6/11/2019 ESLHEC 53619 10/8/2019 6/11/2019 5360120
Aw ard Acknow ledged Opportunity by Board Identifier
5/19/2020 1.14.20-2
Identifier
ORCPIAS2020
Title East STL Higher Ed Center Adult Ed and Literacy
Funding Agency
Acknowledgement of Grants and Sponsored Contracts 5/19/2020 Opportunity New Grant or Approved by Amt Continuation Board Submitted Requested Amt Awarded
ICCB ICCB
Continuation Continuation
Title Funding Agency Web-based guidance for habitat improvements IL Department of Natural related to construction Resources
6/11/2019 6/11/2019
4/30/2019
$600,000 $550,615
Term 5/1/19 - 3/31/20 $600,000 6/30/20 $550,875 7/1/19 - 6/30/20
Acknowledgement of NGRRECâ„ Grants and Sponsored Contracts 5/19/2020 Opportunity New Grant or Approved by Amt Continuation Board Submitted Requested Amt Awarded Term
New
1/14/2020
$58,000
$58,000 3/1/20 - 2/28/21
Matching Requirement
Program and Contact
$0 L. Chapman $127,654 V. Harris
Matching Requirement
Program and Contact
$0 Dick Warner
Page 122
Page 123 *****
Page 124
Page 125
Page 126
Page 127
Page 128
Page 129
Page 130
Page 131
Page 132 Page 123
Opp Identifier
Title
6/11/2019 IGEN Solar Workforce 6/11/2019 Solar Workforce Grant Capital Projects--Main Complex, Daycare, 6/11/2019 Greenhouse, Etc.
Funding Agency
New Grant or Continuation
US Dept of Energy New Dept. of Energy IGEN New
State of IL US Dept of 6/11/2019 Student Support Services Education
6/11/2019
7/5/2018
6/11/2019
7/5/2018
New
6/11/2019 July, 2018
New
6/11/2019 est. 2/2020
9.10.19-7 Diesel Technology
Madison County CSBG Continuation National Endowment for the Humanities New National Science Foundation: Advance Technological Education New
1.14.20-5 Vocational Training Penny Severns Family 2.11.20-3 Literacy Adult Volunteer Literacy 2.11.20-4 (Project READ)
IL Valley Economic Development Corp CSBG continuation IL Secretary of State Continuation IL Secretary of State Continuation
9.10.19-3 GED Testing Fees CODES: CommunityOriented Digitally 9.10.19-4 Engaged Scholars
Pending Grants and Sponsored Contracts 5/19/2020 Opportunity Approved by Amt Board Submitted Requested
Fall 2019 for 9/10/2019 2020 September, 9/10/2019 2019
9/10/2019
1/14/2020
10/3/2019
Term
Matching Requirement
$1,250,000 3 years $60,000 2020 - 2022
$41,925,000 7/1/19 - 6/30/20 $300,000/year for 5 years 9/1/20 - 8/31/25 Scholarships and stipends for individual students 1/1/20 - 12/31/20
$100,000 6/1/20 - 5/31/23
$300,000 11/1/19 - 11/1/22 Scholarships and stipends for individual students 1/1/20 - 12/31/20
Program and Contact D Chapman/R $0 Hilgenbrink $0 N. Keener
$0 D Chapman $10,000 est
S. Hill
$0 Val Harris
$0 Jill Lane
$0 Sue Czerwinski
$0 Val Harris
2/11/2020
$50,000 7/1/20 - 6/30/21
$0 Val Harris
2/11/2020
$63,500 7/1/20 - 6/30/21
$0 Val Harris
Page 133 Page 124
Opp Identifier
Title Population and 6/11/2019 Community Ecology Swarovski Waterschool 6/11/2019 USA: Phase II
Status Assessment of 8.13.19-1 odonates in IL NGRREC℠ Supporting IDNR Research into Mammalian Species of 8.13.19-7 Concern Web based educational and technical assistance for wildlife species of 9.10.19-1 concern Transforming public science programs to be more accessible to 10.8.19-1 underrepresented groups Detection of Cryptic Wetlands with Lidar 12.10.19-1 Derivatives Identifying Best Management Watershed Practices to Reduce 12.10.19-2 Harmful Algal Blooms
Funding Agency National Science Foundation
Pending NGRREC℠ Grants and Sponsored Contracts 5/19/2020 Opportunity New Grant or Approved by Amt Continuation Board Submitted Requested Term New
Swarovski Continuation IL Dept. Natural Resources and US Fish and Wildlife New New noncompetitive IDNR - Division of grant Wildlife agreement
6/11/2019 January, 2020 6/11/2019
$1,000,700 1/1/20 - 12/31/22 $250,000 (over 3 years) 1/1/20 - 12/31/22
8/13/2019
$300,000 1/1/20 - 12/31/22
8/13/2019 TBD
IL Dept of Natural Resources
New Grant or Continuation
9/10/2019
NSF
New
10/8/2019
United States fish & Wildlife Service
USEPA via subaward from University of IL National Science Foundation via subaward from 12.10.19-3 Critical Zone Network University of IL NGRREC Habitat Strike Team Supporting the Illinois Department of Illinois Recreation Natural Resources (IDNR) Access Program 12.10.19-4 – IRAP (IRAP)
Matching Requirement
$0 A. Dell $0 Sue Czerwinski $161,500 (35% in kind match)
up to three years $171,425 from grant award
$16,000 plus indirect costs
Program and Contact
John Crawford
$0 J. Shew/D. Warner
3/1/20 - 4/30/21
$0 Dick Warner
New
11/6/2019 $3 million 3 years full proposal invited, due 10/1/2020 12/10/2019 3/30/20 $120,000 12/31/2023
New
12/10/2019
$400,000 3 years
NGRREC℠ - Dick Warner and Ted $0 Kratschmer
New
12/10/2019
5 years $375,000 ($75,000/year)
NGRREC℠ - Dick Warner and Ted $0 Kratschmer
New
12/10/2019
$200,000 7/1/20 - 6/30/23
none
Charlie Blake
25% in kind match NGRREC℠ - John ($40,000) Crawford
$0
Dr. Justin Shew (NGRREC Conservation Program Manager)/ Dr. Dick Warner (NGRREC Senior Scientist)
Page 134 Page 125
Opp Identifier
Title Population and 6/11/2019 Community Ecology
Swarovski Waterschool 6/11/2019 USA: Phase II Status Assessment of 8.13.19-1 odonates in IL NGRREC℠ Supporting IDNR Research into Mammalian Species of 8.13.19-7 Concern Web based educational and technical assistance for wildlife species of 9.10.19-1 concern Transforming public science programs to be more accessible to 10.8.19-1 underrepresented groups Detection of Cryptic Wetlands with Lidar 12.10.19-1 Derivatives Identifying Best Management Watershed Practices to Reduce 12.10.19-2 Harmful Algal Blooms
Funding Agency National Science Foundation
Pending NGRREC℠ Grants and Sponsored Contracts 5/19/2020 Opportunity New Grant or Approved by Amt Continuation Board Submitted Requested Term New
Swarovski Continuation IL Dept. Natural Resources and US Fish and Wildlife New New noncompetitive IDNR - Division of grant Wildlife agreement
6/11/2019 January, 2020
6/11/2019
8/13/2019
8/13/2019 TBD
IL Dept of Natural Resources
New Grant or Continuation
9/10/2019
NSF
New
10/8/2019
United States fish & Wildlife Service
USEPA via subaward from University of IL National Science Foundation via subaward from 12.10.19-3 Critical Zone Network University of IL NGRREC Habitat Strike Team Supporting the Illinois Department of Illinois Recreation Natural Resources (IDNR) Access Program 12.10.19-4 – IRAP (IRAP)
Matching Requirement
$1,000,700 1/1/20 - 12/31/22
$0 A. Dell
$250,000 (over 3 years) 1/1/20 - 12/31/22
$300,000 1/1/20 - 12/31/22
$0 Sue Czerwinski $161,500 (35% in kind match)
up to three years $171,425 from grant award
$16,000 plus indirect costs
Program and Contact
John Crawford
$0 J. Shew/D. Warner
3/1/20 - 4/30/21
$0 Dick Warner
New
11/6/2019 $3 million 3 years full proposal invited, due 10/1/2020 12/10/2019 3/30/20 $120,000 12/31/2023
New
12/10/2019
$400,000 3 years
NGRREC℠ - Dick Warner and Ted $0 Kratschmer
New
12/10/2019
5 years $375,000 ($75,000/year)
NGRREC℠ - Dick Warner and Ted $0 Kratschmer
New
12/10/2019
$200,000 7/1/20 - 6/30/23
none
Charlie Blake
25% in kind match NGRREC℠ - John ($40,000) Crawford
$0
Dr. Justin Shew (NGRREC Conservation Program Manager)/ Dr. Dick Warner (NGRREC Senior Scientist)
Page 135
Acknowledgement of Contracts $5,000 and Less 5/19/20 Contract/Vendor John A. Logan College John A. Logan Lewis and Clark Community College Lewis and Clark Community College Moraine Valley Community College Carl Sandburg College City Colleges of Chicago Danville Area Community College John Wood Community College Joliet Junior College Kaskaskia College Moraine Valley Community College Morton College Parkland College Triton College Waubonsee Community College
Purpose Change in scope of work Additional subaward Change in budget allocation and liaison Change in budget allocation Change in budget allocation IEPA Subaward
Amount N/A
Funding Source IGEN Grant
$585 N/A
IGEN Grant IGEN Grant
N/A
IGEN Grant
N/A
IGEN Grant
$5,000
IGEN Grant
IEPA Subaward
$5,000
IGEN Grant
IEPA Subaward
$5,000
IGEN Grant
IEPA Subaward
$5,000
IGEN Grant
IEPA Subaward IEPA Subaward IEPA Subaward
$5,000 $5,000 $5,000
IGEN Grant IGEN Grant IGEN Grant
IEPA Subaward IEPA Subaward IEPA Subaward IEPA Subaward
$5,000 $5,000 $5,000 $5,000
IGEN Grant IGEN Grant IGEN Grant IGEN Grant
Page 136
ANNOUNCEMENTS
June 9, 2020 …………………………………………….
Board of Trustees Meeting Ahlemeyer Atrium, Trimpe ATC 7 pm
Page 137 LCCC BOARD AGENDA FOR ALL DISCUSSION AND ACTION ITEMS May 19, 2020 Discussion Item Construction Status Report Main Complex Foundation Improvements On March 31, 2020, CDB temporarily suspended all construction projects until further notice in response to the COVID-19 health crisis. • Contract between CDB and AAIC, Inc. fully executed May 31, 2019 • Project #810-060-038, approved by CDB at December 11, 2018 regular meeting • Project approved by LCBOT at November 13, 2018 regular meeting with an overall estimated budget of $415,227 • Funded by statewide emergency/deferred maintenance capital appropriation and PHS savings • Tuckpointing and waterproofing to below grade foundation • Gutters and drainage system to direct rain water away from buildings Haskell Hall Fan Coil Replacement On March 31, 2020, CDB directed design work may continue if it can be done without jeopardizing the health of design professionals. • Contract between CDB and BRiC Partnership, LLC fully executed January 23, 2020 • Project #810-060-039 approved by CDB at November 12, 2019 regular meeting • Project approved by LCBOT at July 9, 2019 regular meeting with an estimated budget of $200,000 • Funded by statewide deferred maintenance capital appropriation and PHS savings • Replacement of obsolete and inefficient (60) fan coil units and (6) ceiling units in Haskell Hall Scott Bibb Center Solar Installation Preconstruction meeting to be held this month. Project completion anticipated by June 30, 2020. • Bid recommendation approved by LCBOT at the April 14, 2020 regular meeting and the contract between LC and GRP|Wegman in the amount of $61,323, was fully executed April 30, 2020. • Contract between LC and BRiC Partnership, LLC approved at the February 11, 2020 regular meeting, and was fully executed February 18, 2020 • Authorization to bid the project received by LCBOT at the January 14, 2020 regular meeting with a budget of $127,000 funded by the Secretary of State Grant - IGEN • Installation of a 10KW solar panel system (non-tracking) on the rooftop of the lower level building. Recommendation Information
Page 138 LCCC BOARD AGENDA FOR ALL DISCUSSION AND ACTION ITEMS May 19, 2020 Discussion Item FabLab contribution to LC district hospitals and first responders Background As the spread of COVID-19 Corona virus spread to our region, personal protective equipment (PPE) became scarce for healthcare workers and first responders. There were increasing examples of how some of this PPE could be produced using a 3D printer on the internet. Tom Whitten, Fab Lab manager, tried out several examples and with some of his own tweaks, he was able to come up with a good design for face shields. These consist of a printed frame that a clear report cover is attached to. With some of the material need being donated, each of these shields cost approximately 15-20 cents apiece to make. The two 3D printers were moved to Dr. Sue Czerwinski’s house and two 3D printers from the Architecture and Drafting & Design programs were moved to Tom Whitten’s home. Dr. Czerwinski and Tom Whitten produced face shields continuously. Dr. Czerwinski contacted agencies throughout the college district, delivering face shields wherever they were needed. Implications The college’s investment in state-of-the-art equipment at the FabLab and the skill of our FabLab manager, Tom Whitten, led to the ability to help the healthcare workers and first responders in the region. To date, over 360 face shields have been donated to: Southern Illinois Healthcare Foundation (Bunker Hill, Wood River, Collinsville, Bethalto, Alton Boyd Hospital (Carrollton) Carlinville Hospital Jerseyville Hospital OSF Saint Anthony’s Health Center Prairie town Fire Department Dorsey Fire Department LCCC security Godfrey Fire Department Staunton Fire Department Alton Fire Department Alton Police Department White Hall Nursing Home White Hall Police White Hall Fire Department Roodhouse Police Department
Page 139 Scott County Police Department Scott County Nursing Home Every facility was very grateful for the generosity and kindness that Lewis & Clark Community College extended to them. We have had overwhelmingly positive feedback. Recommendation Information
Page 140
Identifier
Title
Funding Agency
5360120
Adult Ed and Literacy
ICCB
Grant or Sponsored Contract Opportunities 5/19/2020 New Grant or Submission Amt Continuation Deadline Requested Term $24,200 added to the Continuation 6/11/2019 $550,875 7/1/19 - 6/30/20
IL Department of Transportation
Continuing Intergovernmen tal Agreement, not a grant N/A
IL State Board of Education
Continuation
Highway Construction Careers Training 5.19.20-1 Program (HCCTP) Truant's Alternative and Optional Education 5.19.20-2 Program
5.19.20-3 WIOA Youth Program Early School Leaver 5.19.20-4 Transition Program
TBD
Madison County Employment and Training Continuation
5/8/2020
Program and Contact
$127,654 V. Harris
$354,400 7/1/20 - 6/30/21
$0 Val Harris
$55,000 7/1/20 - 6/30/21
$0 Val Harris
$59,040 7/1/20 - 6/30/21 $60,000 or $75,000 7/1/20 - 6/30/21
ICCB
Continuation
5.19.20-5 Adult Ed and Literacy Lewis and Clark Radio 5.19.20-6 Information Service Illinois Cooperative Work 5.19.20-7 Study Grant Integrated Education and 5.19.20-8 Training Grant
ICCB
Continuation
Illinois State Library IL Board of Higher Education
Continuation
5/31/2020
$17,438 7/1/20 - 6/30/21
Continuation
5/31/2020
$15,000 7/1/20 - 6/30/21
ICCB
New
6/15/2020
$20,000 7/1/20 - 6/30/21
5.19.20-9 CTE Improvement Grant
ICCB
New
7/10/2020
$100,000 8/1/20 - 12/31/21
TBD
Matching Requirement
$550,615 6/5/2020 $600,000
7/1/20 - 6/30/21
$0 Val Harris 25% in kind expenses Val Harris 25% in kind at application, no ongoing documentation required Val Harris Mike Lemons and Jill N/A Lane $8,000 in kind
Terry Lane
$0 Val Harris Val Harris and Sue $0 Czerwinski
PLEASE NOTE--ICCB provided notice of extending all state funded grants to June 30, 2021 A consolidated grant amendment for each of your organization or institutions state grants will be sent in the coming weeks and must be signed immediately and returned to the ICCB.
Identifier
Title Tracking animals to understand Urban Food 5.19.20-10 Webs
NGRRECâ„ Grant or Sponsored Contract Opportunities 5/19/2020 New Grant or Submission Amt Funding Agency Continuation Deadline Requested Term Living Earth Collaborative (Wash U., MoBot, STL Zoo) New 5/15/2020 $30,000 2 years
Matching Requirement
Program and Contact
Dr. Tony Dell, Dr. Jason $0 Knouft
Page 141 GRANT OPPORTUNITY Date: June 6, 2019, updated on 4/24/2020
Identifier Title Funding Agency New Grant or Continuation Submission Deadline Term Amount Requested Matching Funds required Purpose Program/Contact
5360210 Adult Education & Literacy ICCB Continuation May 20, 2019 July 1, 2019 – June 30, 2020 $550, 875 +$24,200 = $575,075 $127, 654 See below Dr. Valorie K. Harris
Purpose: This continuation plan is intended to solicit applications from current providers of adult education that work to achieve the purpose of Title II of the Workforce Innovation and Opportunity Act (WIOA) of 2014, which is to create a partnership among the federal government, states, and localities to provide, on a voluntary basis, adult education and literacy services, in order to • •
• • •
Assist adults to become literate and obtain the knowledge and skills necessary for employment and self-sufficiency Assist adults who are parents or family members to obtain education and skills that o Are necessary to becoming full partners in the educational development of their children o Lead to sustainable improvements in the economic opportunities for their family Assist adults in attaining a secondary school diploma and in the transition to postsecondary education and training including through career pathways Assist immigrants and other individuals who are English language learners in improving their reading, writing, speaking, and comprehension skills in English and in improving their mathematics skills Acquiring an understanding of the American system of Government, individual freedom, and the responsibilities of citizenship.
Update explanation: Lewis and Clark Community College’s Adult Education Division took advantage of the opportunity to request additional funds from the ICCB in order to enhance our ability to provide remote learning opportunities for our students. We considered how we can use these tools in the current environment and also how to continue to use them as we transition to a new environment that includes face to face options. We were granted $24,200 total to be used to purchase technology (webcams, Go Pro cameras and laptops) and consumable workbooks, etc. for use with instructor or tutor – learner pairs as they study remotely or on the phone together for learners who do not have access to technology or for whom technology is not effective for them.
Page 142 GRANT OPPORTUNITY Date: April 27, 2020
Identifier Title Funding Agency New Grant or Continuation Submission Deadline Term Amount Matching Funds required Purpose
Program/Contact
5.19.20-1 Highway Construction Careers Training Program (HCCTP) Illinois Department of Transportation Continuing – Intergovernmental Agreement (not a grant) NA July 1, 2020 – June 30, 2021 $354,400 No In collaboration with the Federal highway Administration, IDOT initiated the Highway Construction Careers Training Program (HCCTP) in an effort to provide training and skillimprovement opportunities to assure the increased participation of minority groups, disadvantaged persons and women in all phases of the highway construction industry. HCCTP emphasizes life-long learning and provides opportunities for further education and assistance to improve employability. The HCCTP is conducted at twelve community colleges throughout the state. The Department strongly encourages the prime contractor and their approved sub-contractors to hire minority, women and disadvantaged individuals from the HCCTP to help meet workforce and trainee goals. Graduates are well-trained and ready to become productive entry-level construction workers. Dr. Valorie K. Harris
Page 143 GRANT OPPORTUNITY Date: April 23, 2020
Identifier Title Funding Agency New Grant or Continuation Submission Deadline Term Amount Requested Matching Funds required Purpose Program/Contact
5.19.20-2 Truant’s Alternative and Optional Education Program Illinois State Board of Education Continuation Unknown at this time, likely June, 2020 July 1, 2020 – June 30, 2021 $55,000 -0See below Dr. Valorie K. Harris
Purpose: The purpose of TAOEP is to enhance the experience of students through ABE/ASE instruction by adding structure and support to improve prospects of successful transitions through the program to college or work. Students attend a comprehensive orientation where they set goals and are given assessments. Based on the results, they are either placed concurrently into career development and HSE/GED preparation or into Evidence-based Reading Instruction, where they focus on getting their HSE while creating a transition plan that will lead to college and/or work.
Page 144 GRANT OPPORTUNITY Date: April 23, 2020
Identifier Title Funding Agency New Grant or Continuation Submission Deadline Term Amount Requested Matching Funds required Purpose
Program/Contact
5.19.20-3 WIOA Youth Program Madison County Employment and Training Continuation May 8, 2020 July 1, 2020 – June 30, 2021 $59,040 No This project will support 20 eligible youth, 16-24, in innovative educational offerings with a comprehensive orientation, extensive case management, student supports, transition to college and work experience. Dr. Valorie K. Harris
Page 145 GRANT OPPORTUNITY Date: 4/23/2020
Identifier Title Funding Agency New Grant or Continuation Submission Deadline Term Amount Requested Matching Funds required Purpose Program/Contact
5.19.20-4 Early School Leaver Transition Program ICCB Continuation Unknown at this time July 1, 2020 – June 30, 2021 $60,000 currently; may request up to $75,000 25% (in-kind expenses) See below Dr. Valorie K. Harris
Purpose: Designed for out-of-school youth 16 to 24, to complete their education by participating in Adult Education as well as Career and Work training activities.
Page 146 GRANT OPPORTUNITY Date: April 23, 2020 Identifier Title Funding Agency New Grant or Continuation Submission Deadline Term Amount Requested Matching Funds required Purpose Program/Contact
5.19.20-5 Adult Education & Literacy ICCB Continuation June 5, 2020 July 1, 2020 – June 30, 2021 Between $550, 615 (current amount) - $600,000 25% - in-kind at application; no ongoing documentation requirement See below Dr. Valorie K. Harris
Purpose: This continuation plan is intended to solicit applications from current providers of adult education that work to achieve the purpose of Title II of the Workforce Innovation and Opportunity Act (WIOA) of 2014, which is to create a partnership among the federal government, states, and localities to provide, on a voluntary basis, adult education and literacy services, in order to • Assist adults to become literate and obtain the knowledge and skills necessary for employment and self-sufficiency • Assist adults who are parents or family members to obtain education and skills that o Are necessary to becoming full partners in the educational development of their children o Lead to sustainable improvements in the economic opportunities for their family • Assist adults in attaining a secondary school diploma and in the transition to postsecondary education and training including through career pathways • Assist immigrants and other individuals who are English language learners in improving their reading, writing, speaking, and comprehension skills in English and in improving their mathematics skills • Acquiring an understanding of the American system of Government, individual freedom, and the responsibilities of citizenship.
Page 147
GRANT OPPORTUNITY Date: 4/29/2020 Identifier Title Funding Agency New Grant or Continuation Submission Deadline Term Amount Requested Matching Funds required Purpose
Program/Contact
5.19.20-6 Lewis & Clark Radio Information Service Illinois State Library Continuation May 31, 2020 July 1, 2020 – June 30, 2021 $17,438.00 N/A The purpose of this grant is to provide readings by student workers & volunteers of local & national publications through radio broadcasts to enable blind or print disabled people throughout 5 counties in southwestern Illinois to stay connected and self-reliant. Student worker wages, a portion of the station manager’s salary and purchases for equipment and maintenance of the radio station are funded by this grant. Mass Comm & LC Radio / Mike Lemons & Jill Lane
Page 148 GRANT OPPORTUNITY Date: April 30, 2020
Identifier Title Funding Agency New Grant or Continuation Submission Deadline Term Amount Requested Matching Funds required Purpose
Program/Contact
5.19.20-7 Illinois Cooperative Work Study Grant Illinois Board of Higher Education Continuation May 31, 2020 July 1, 2020 – June 30, 2021 $15,000 $8,000 (in kind) The purpose of this grant is to help support paid internships and cooperatives to students. The grant covers up to 50% of the wages of the students whose employers participate in the grant. Career & Veteran Services / Terry Lane
Page 149 GRANT OPPORTUNITY Date: May 5, 2020
Identifier Title Funding Agency New Grant or Continuation Submission Deadline Term Amount Requested Matching Funds required Purpose
Program/Contact
5.19.20-8 Integrated Education and Training Grant Illinois Community College Board New June 15, 2020 July 1, 2020 – June 30, 2021 $20,000 No This grant is designed to support the development, improvement, and scale of integrated education and training (IET) programs. IET is defined as a service approach that provides adult education and literacy activities concurrently and contextually with workforce preparation activities and workforce training for a specific occupation or occupational cluster for the purpose of educational and career advancement . In Illinois, this is often referred to as the Integrated Career & Academic Preparation System (ICAPS). LC is specifically looking to formalize and pilot our Instructional Technology ICAPS program. Dr. Valorie K. Harris
Page 150 GRANT OPPORTUNITY Date: May 5, 2020
Identifier
5.19.20-9
Title
CTE Improvement Grant
Funding Agency New Grant or Continuation Submission Deadline Term Amount Requested Matching Funds required Purpose
Illinois Community College Board New July 10, 2020 August 1, 2020 – December 31, 2021 $100,000 No Support the improvement and innovation of career and technical education (CTE) programming throughout the Illinois community college system. The selected focus areas align with the Illinois State Plan for CTE, statewide need, and national initiatives in CTE. Grant recipients will be able to choose from the three improvement project areas: 1) Enhancing Student Transitions; 2) Providing StudentCentered Support Services; and 3) Strengthening the CTE Educator Pipeline. These project areas are general in nature to provide for local innovation and flexibility in implementation. Each objective adheres to Section 135 of the Strengthening Career and Technical Education for the 21st Century Act (Perkins V).
Program/Contact
Dr. Valorie K. Harris and Dr. Sue Czerwinski
Page 151 GRANT OPPORTUNITY Date: 5/12/20
Identifier Title Funding Agency New Grant or Continuation Submission Deadline Term Amount Requested Matching Funds required Purpose
Program/Contact
5.19.20-10 Tracking animals to understand Urban Food Webs Living Earth Collaborative (Wash U, MoBot, STL zoo) New 5/15/20 2 year $30,000 No Match required Better understand the movement of biodiversity, both hosts and pathogens, in urban food webs and to teach students and the broader public about biodiversity in their local neighborhoods. NGRREC - Dr. Tony Dell, Dr Jason Knouft
Page 152 LCCC BOARD AGENDA FOR ALL DISCUSSION AND ACTION ITEMS May 19, 2020
Action Item Inland Rivers, Ports, and Terminals Intergovernmental Agreement
Background Inland Rivers, Ports, and Terminals (IRPT) is the trade association for the nation’s inland waterway, port and terminal professionals. Our Mission is to provide a platform for inland river port and terminal professionals to improve their businesses and to inform policy makers on the needs and economic impacts of our industry. An MOU between IRPT, L&C/NGRREC℠, as well as an initial Intergovernmental Agreement between IRPT and L&C, were executed in 2014.
Implications The system of IRPT in connection with the Mississippi, Missouri, and other main stem rivers creates a dynamic opportunity for collaboration with not only ports and terminals but also those corporations and industries that use the Mississippi River Basin for transporting goods to world markets. In addition to the current MOU that exists between IRPT, L&C/NGRREC℠, renewal of the Intergovernmental Agreement between LC and IRPT will maintain the administrative office location at NGGREC℠ and facilitate the strategic plan for river-related industries in connection with NGRREC℠ in the confluence region of the Mississippi. IRPT pays an annual fee of $3,000 for use of a furnished office with telephone and Internet access. President’s Recommendation The Board approve renewal of the Intergovernmental Agreement with the Inland Rivers, Ports, and Terminals for the period of July 1, 2020 through June 30, 2021. .
Page 153
THE BOARD OF TRUSTEES OF Lewis and Clark Community College INTERGOVERNMENTAL AGREEMENT
Agency name and address:
Inland Rivers, Ports and Terminals One Confluence Way East Alton, IL 62024
Agency point of contact:
Aimee Andres
Address of property:
Jerry F. Costello Confluence Field Station 1 Confluence Way East Alton, Illinois 62024
Use Period:
July 1, 2020, through June 30, 2021
Fee – Paid annually:
$3,000—paid in one lump sum.
Comments (project/property description):
One furnished office with telephone and Internet access
This cover sheet is for information purposes and is not a part of the following Agreement.
Page 154
INTERGOVERNMENTAL AGREEMENT The Board of Trustees of Lewis and Clark Community College (hereinafter referred to as “Community College”) enters into this agreement (“IGA”) with Inland Rivers, Ports and Terminals, a body corporate and politic of the State of Illinois, with its principal office in Granite City Illinois 62040 (hereinafter referred to as “Agency”). Whereas, Community College and the Agency wish to enter into a nonexclusive agreement for the use of the Jerry F. Costello Confluence Field Station Field Station (hereinafter referred to as the “Facility”); and Whereas, the parties agree that utilization of a portion of the Facility by Agency under the terms and conditions listed below would complement the research and education programs conducted at the Lewis and Clark National Great Rivers Field Station. Now therefore, the parties agree as follows: 1.
PREMISES: The Facility is located near the confluence of the Mississippi, Missouri, and Illinois rivers. At the Facility, Agency will have exclusive use of a furnished office with telephone and Internet access. Subject to the other applicable provisions of this IGA, Community College grants to Agency and Agency’s employees, agents, customers, and invitees the nonexclusive right, during the Term (defined in section 3), to use, subject to the rights of governmental authorities, easements, public highways and other restrictions of record, in common with others granted the use thereof, the Common Areas located within or benefiting the Facility. “Common Areas” shall mean, as they may from time to time exist, those portions of the Facility which are exclusive of other areas which are set aside as the exclusive use areas of Community College or its designees and shall include, without limitation, the lobby area, the bathrooms and parking areas, and all other areas or improvements which may be provided by Community College for the general use of other occupants of the Facility and their agents, employees, and customers whether within or without the Premises. Community College shall be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained in connection therewith shall be at the sole discretion of Community College. Community College may temporarily close parts of the Common Areas for such periods of time as may be necessary for (i) temporary use as a work area in connection with construction of buildings or other improvements within the Facility or contiguous property; (ii) repairs or alterations in or to the Common Areas or to any utility-type facilities; (iii) preventing the public from obtaining prescriptive rights in or to the Common Areas; (iv) emergency or added safety reasons; or (v) doing and performing such other acts as in the use of good business judgment Community College shall determine to be appropriate for the Facility.
Page 155 Agency agrees to keep the Common Areas free and clear of any obstructions created or permitted by Agency or resulting from Agency’s operation. If, in the opinion of Community College, unauthorized persons are using the Common Areas by reason of the presence of Agency in the Premises, Agency, upon demand of Community College, shall correct such situation by appropriate action and proceedings against all such unauthorized persons. Nothing herein shall affect the rights of Community College at any time to remove such unauthorized persons from said areas or to prevent the use of said areas by such unauthorized persons. Community College shall have and reserves the right at any time to re-designate, modify, expand, reduce and change the Common Areas and to use and permit such uses thereof as do not materially and adversely affect Agency’s use of the Premises. 2.
USE FEE. Agency shall pay Community College an annual fee (hereinafter “Fee”) of THREE THOUSAND and 00/100 dollars ($3,000) per year to be paid in one annual payment. If the term commences on a day other than the first day of a calendar month or ends on a day other than the last day of a calendar month, the portion of the fee for such fractional month shall be prorated on the basis of one-thirtieth (1/30th) of the monthly portion of the fee, for each day of such fractional month within the Term, as well as subsequent months.
3.
TERM: The term of this IGA shall be for the period beginning July 1, 2020 (“IGA Commencement Date”) and ending June 30, 2021 (“IGA Expiration Date”) (referred to herein as “Term”).
4.
TERMINATION: This IGA shall be terminated upon termination of the Lease for any reason. This IGA may be terminated under the following conditions: A. Community College, upon 90 days written notice to Agency, may terminate this IGA for any reason. B. Agency, upon 90 days written notice to Community College may terminate this IGA for any reason.
Page 156 5.
NOTICE: All notices will be sent to the following parties: Community College: Lewis & Clark Community College Vice President of Administration Erickson Hall 5800 Godfrey Road Godfrey, Illinois 62035-2466 Agency: Inland Rivers, Ports and Terminals One Confluence Way East Alton, IL 62024
Any notice will be deemed delivered no later than five (5) days after notice is mailed or, if personally delivered, when acknowledgment of receipt is signed, as provided above. Either party may change its own mailing address by written notice to the other, as provided herein. Regular correspondence will be made to Community College and Agency at the addresses above by regular U.S. Mail. 6.
USE OF FACILITIES: This IGA is considered to be on “gross rent� terms. Community College, throughout IGA Term, shall maintain and keep the parking area and common facilities in good order, condition and repair, including adequate lighting, painting, snow removal, drainage, supervision and the like, and all costs and expenses incurred in connection therewith, including, but not limited to, real estate taxes (if any), special assessments, utilities, repairs, janitorial expenses for all common facilities, garbage storage and garbage removal expenses, shall be paid by Community College. Community College shall provide an office space equipped with a desk, a desk chair, a file cabinet and a bookshelf. Agency will bring all other office equipment (computer, fax and printer) and supplies. Community College will provide Agency access to the internet, telephone service and a copy machine. Agency must follow Community College’s Technology Resources Policy (attached as Exhibit A). Notwithstanding the foregoing, Agency shall keep the Premises in good repair and condition during the term, and shall pay to Community College the reasonable cost of any repairs, replacements or maintenance required as a result of any act, failure to act, or neglect of Agency, its agents, or employees. In addition, Agency personal items will be managed and maintained by Agency personnel only.
Page 157 Agency shall not, without prior written consent of Community College, which may be withheld for any reason or no reason at all, make any alterations, decorations, installations, additions or improvements to the Premises (collectively, “Alterations”). All approved Alterations shall be done at University’s sole cost and expense. 7.
LIABILITY. It is understood and agreed that neither party to this IGA shall be legally liable for any negligent or wrongful acts either of commission or omission, chargeable to the other, unless such liability is imposed by law and this IGA shall not be construed as seeking to either enlarge or diminish any obligation or duty owed by one party against the other or against third parties. Nothing contained herein is intended nor should it be construed to release, waive or limit any defenses that either party otherwise possesses, including but not limited to defenses or limitations under the Illinois Tort Immunity Act.
8.
USE OF PREMISES: Agency agrees to use Premises for the purpose of programs related to its mission; anything beyond this scope will require special approval, in writing, from Community College. Agency acknowledges and agrees that Agency’s use of the Premises is not exclusive and may, from time to time, be used by others and Agency’s use is subject to all of the terms and conditions of this IGA and the Lease. Agency acknowledges that Community College may enter into other agreements with third parties granting, renewing, or extending similar use rights to others.
9.
INSURANCE: Agency will, at its sole cost and expense, at all times during IGA Term, maintain in full force a policy or policies of insurance, written by one or more responsible insurance carriers, which will insure Community College against liability for injury to or death of persons or loss of damage to property occurring in or about Premises. The liability under such insurance will not be less than One Million Dollars ($1,000,000) for bodily injury and/or property damage for any one occurrence. Agency will annually provide Community College, on the anniversary date of Agency’s liability insurance renewal, with a certificate of insurance naming Community College as additional insured as it respects liability Community College incurs as a result of the operations of the Agency on Premises. Agency agrees to provide 30 days advance public notice of any cancellation of coverage. Agency provides any necessary Workers’ Compensation benefits required by State Statute. Community College will, at its sole cost and expense, at all times during IGA Term, maintain in full force a policy or policies of insurance, written by one or more responsible insurance carriers, which will insure Agency against liability for injury to or death of persons or loss of damage to property occurring in or about
Page 158 the common facilities. The liability under such insurance will not be less than One Million Dollars ($1,000,000) bodily injury and/or property damage for any one occurrence. Further, Community College will, at its own expense, at all times during IGA Term maintain in full force property insurance on the Premises for the full insurable value of the Premises and its permanent improvements. Such insurance will protect against fire and other perils commonly associated with a “special-form” perils insurance policy. Community College will provide Agency a certificate of insurance evidencing said coverage at IGA commencement. Certificate will further make provisions for thirty (30) days advance written notice to Agency of any modifications, changes or cancellations. In addition, Agency is responsible for and shall commercially insure or self-insure all of its personal property, machinery, and equipment installed or brought onto the Premises by Agency. 10.
ASSIGNMENT: Agency may not assign, or sublease any of its rights under this IGA without consent in writing of Community College, which consent may be withheld in Community College’s sole discretion.
11.
CONDITION AT TERMINATION: Agency may remove any fixtures, machinery and equipment installed in Premises by Agency upon termination of this IGA, if Agency is not then in default under this IGA and if Agency repairs any damage to the Premises caused by such removal. Upon termination of this IGA, Agency will return the Premises in the same condition as when delivered to Agency, reasonable wear and tear, damage by casualty, and alterations approved by Community College excepted.
12.
TOTAL DESTRUCTION: If the Premises are totally destroyed by fire or other casualty, either Community College or Agency may terminate this IGA immediately by giving notice to the other party. In case of destruction during IGA Term, Fee will abate during the period and to the extent that the Premises are rendered unusable for Agency purposes.
13.
PARTIAL DESTRUCTION: A.
Notification by Community College. If the Premises are partially destroyed, Community College must within thirty (30) days of the destruction notify Agency, in writing, of the time period in which restoration will be complete. If such casualty will render ten percent (10%) or less of the floor space of the Premises unusable for the purposes intended, Community College will effect restoration of the Premises as quickly as is reasonably possible, but in any event within thirty (30) days after such destruction. Community College may terminate this IGA by
Page 159 written notice within thirty (30) days of the loss if such loss is not covered by any insurance described in the provisions of this IGA. Fee will abate during the period and to the extent that the Premises are rendered unusable for Agency’s purposes. B.
Notification by Agency. Agency may terminate this IGA by giving written notice within thirty (30) days after any of the following: if it is determined Community College cannot restore to substantially the same condition as before destruction; if Agency is notified that such restoration period will be more than one hundred twenty (120) days; if restoration extends beyond the time period for completion as contained in the notification to Agency unless such extension is due to a reasonable delay. Fee will abate during the period and to the extent that the Premises are rendered unusable for University’s purposes.
14.
REGULATION AND POLICY: Agency and its employees will observe and comply with all applicable regulations and policies which are required for operation of Premises, including any requirements imposed by the U.S. Department of the Army pursuant to conditions of Lease between Community College and the U.S. Department of the Army. Agency employees will be subject to, observe and comply with all applicable Community College policies and rules of conduct applicable to Community College employees, visitors and contractors, including but not limited to background investigations, if applicable.
15.
WAIVER: The waiver by Community College or Agency of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other term, covenant or condition nor shall either party’s consent to any breach of any term, covenant or condition be deemed to constitute or imply its consent to any subsequent breach of the same or other term, covenant or condition herein contained.
16.
NO AMENDMENTS: No amendment of this IGA will be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on either party hereto.
17.
TIME OF THE ESSENCE: Time is of the essence of each term and provision of this IGA.
18.
BINDING EFFECT: Subject to any Lease provision, this IGA shall bind the parties, their personal representatives, successors, and assigns.
19.
INVALIDITY: The invalidity of any provision of this IGA as determined by a court of competent jurisdiction will in no way affect the validity of any other provision hereof.
Page 160 20.
ACCEPTANCE OF PREMISES: Agency acknowledges that it has examined the Premises and accepts the same in “as is” condition, and as being entirely satisfactory. Community College has no obligation to alter the Premises, or perform any repair or maintenance unless provided for otherwise in this IGA.
21.
DEFAULT BY AGENCY: Time is of the essence hereof. Agency shall be in default if Agency fails to perform any obligation hereunder as and when due, or if Agency breaches any provision of this IGA. In the event of such a default, Community College shall have all rights and remedies allowed by law. In addition, Community College shall have the right to terminate this IGA and/or Agency’s right to use the Premises. Upon any such termination, Agency shall immediately yield up possession of the Premises and Community College may take any and all action, including changing the locks on the Premises and removing all of Agency’s possessions from the Premises.
22.
DEFAULT BY COMMUNITY COLLEGE: Time is of the essence hereof. Community College shall be in default if Community College fails to perform any obligation hereunder as and when due. In the event of such default, Agency shall have all rights and remedies allowed by law. In addition, Agency shall have the right to terminate this IGA.
23.
PROPERTY RIGHTS: Nothing contained in this IGA shall be construed as granting to Agency any property rights in the IGA, or creating any partnership or business relationship between Agency and Community College.
24.
GOVERNING LAW: This IGA shall be construed according to the laws of the State of Illinois.
25.
MISCELLANEOUS: This IGA may be executed in any number of counterparts, and all of which taken together will constitute one instrument. The parties acknowledge that copies of this IGA, including signatures to this IGA, which are reproduced or transmitted by facsimile, by attachment to electronic mail or otherwise electronically, shall be deemed to constitute and have the same legal effect as originals.
26.
SIGNATURE AUTHORIZATION: Each individual signing this IGA represents that he/she is authorized to sign on behalf of their respective entity and that the entity is bound by the terms hereof.
Page 161 IN WITNESS WHEREOF, Community College and Agency have caused these presents to be executed in the manner appropriate to each, all and as of the date and year first hereinabove set forth.
AGENCY
COMMUNITY COLLEGE: Board of Trustees, Lewis & Clark Community College, District 536
By: _______________________ Executive Director
By: _________________________ Board Chair
Date:
Date:
Page 162 Exhibit A
TECHNOLOGY RESOURCES POLICY All College students, faculty, staff or other personnel who use or have access to the College’s technology resources, including but not limited to computers (e.g. desktops and portable computers, servers, networks, printers, software and data storage media), e-mail, voicemail, facsimile machines, photocopiers and Internet access (collectively, technology resources) should be familiar with, and must comply with, the following policies. A.
CONFIDENTIALITY AND ACCESS POLICIES The College’s technology resources store confidential information of the College. Access to this confidential information is granted to users only in connection with the College’s function as an educational institution. Users may access and use the information only for proper purposes and must respect and maintain the confidentiality of that information. Users may not leak, place, post, transmit, or otherwise disclose confidential, sensitive, or proprietary College information, or any private information relating to any individual College employees, contractors, or students, to anyone outside of the College by any means, at any time, or for any reason.
B.
TYPES OF SOFTWARE USED AT COLLEGE AND SOFTWARE POLICIES THIRD PARTY SOFTWARE. All third party software used by the College is proprietary to the third party vendor, is protected by copyright and/or trade secret law, and is subject to the terms of the specific software license agreement entered into by the College with the third party vendor with respect to that software. In general, these software license agreements expressly forbid copying of the software, forbid the use of unauthorized copies of the software, may restrict the use of software to particular hardware, and may limit the computers upon which the software may be used or the number of concurrent users of such software. Violation of the provisions of software agreements and or copyright law can subject the College and individuals to substantial damage claims and possible criminal penalties. As a result, users must strictly comply with the terms of these policies, in order to be permitted to continue to use such software. COPYING OF SOFTWARE. The College prohibits any unauthorized duplication of all software owned or licensed by College. No user may, without proper authorization, duplicate the software that is loaded on his or her computer’s hard disk for use on any other PC without consulting with and obtaining written authorization from the Academic Computing/Helpdesk staff. INSTALLATION OF UNAUTHORIZED SOFTWARE. College computer users may install software on College hardware with prior written authorization from the Academic Computing/Helpdesk staff. Such approval will be granted unless there is a substantial danger of system or network conflicts, configuration changes, etc. Any maintenance required by a PC that was caused by the installation of unauthorized software will be placed at the bottom of the priority list for repair by the Academic Computing/Helpdesk Staff.
Page 163 FILE-SHARING. Users may not post, upload, download, transmit, distribute, or engage in any “file-sharing” of any data or files (including software, music, audiovisual clips, movies, etc.) unless such activity is consistent with all applicable licenses and approved in advance by College’s Academic Computing/Helpdesk Staff. C.
USE OF TECHNOLOGY RESOURCES The College’s technology resources are property of the College, or are licensed for use by the College, and are intended to be used primarily for proper educational institutional purposes. MONITORING. The College reserves the right to monitor, inspect, access, intercept, review, and when appropriate, disclose any and all information created, entered, received, stored, viewed, accessed or transmitted via College technology resources (including without limitation in databases, data file systems, data archives, Web/Internet/Intranet sites). Users should have no expectation of privacy in connection with the use of College technology resources, including the creation, entry, receipt, storage, accessing, viewing or transmission of data or communications of any kind via such resources. PASSWORDS AND SECURITY. All passwords and security used in connection with College technology resources -- including voice mail access codes -- are College property and must be made available to the College. Users must understand that their use of passwords will not preclude access, monitoring, inspection, interception, review, or disclosure by authorized College personnel. The College also may unilaterally assign and/or change passwords and personal codes. The security of the College’s technology resources is every user’s responsibility. Academic Computing Staff access each PC in the College periodically to perform system maintenance. Authorized and specifically designated College employees, agents, or representatives may also investigate and/or monitor the use of College systems to ensure that use is consistent with our Policies. They may also override all passwords or security codes when deemed necessary. LAWFUL USE. College technology resources may not be used to intentionally or unintentionally violate any local, state, federal, or national civil or criminal laws, including copyright and patent laws of any jurisdiction. Unlawful activity includes but is not limited to lotteries, raffles, betting, gambling for anything of value, and participating or facilitating in the distribution of unlawful materials. Users likewise may not upload, post, e-mail, or otherwise transmit any data that is threatening, malicious, tortuous, defamatory, libelous, obscene, or invasive of another’s privacy. Users also may not upload, download, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment. INFRINGEMENT OF PROPRIETARY RIGHTS. College computer, electronic, e-mail, and Internet resources may not be used to violate proprietary rights, including copyright, trademark, trade secret, patent, rights of publicity, or any other intellectual property rights.
Page 164 NO HARASSMENT. Users are absolutely forbidden from using College technology resources in any way that may be construed to violate the College’s harassment-free workplace policy or otherwise harass fellow students or other individuals. This prohibition includes sexually explicit or offensive images, messages, cartoons, jokes, ethnic or religious slurs, racial epithets or any other statement or image that might be construed as harassment or disparagement on the basis of race, color, religion, sex, national origin, age, disability, sexual orientation, or any other status protected by law. Users are required to take all reasonable steps to avoid and eliminate receipt of any potentially offensive material; claiming to be a passive recipient of prohibited material is unacceptable. Prohibited conduct includes sending e-mail messages to someone who has requested that the user not do so. MISREPRESENTATION OF IDENTITY. College computer, electronic, e-mail, and Internet resources may not be used to misrepresent, obscure, suppress, or replace one’s identity or the origin of data or communications. For example, “spoofing” and “phishing” (e.g, constructing electronic communications to appear to be from someone else, including to solicit personally indentiable information from recipients) is prohibited. Each user’s name, e-mail address, organizational affiliation, time and date of transmission, and related information included with electronic communications (including postings) must always reflect the true originator, time, date, and place of origination, as well as the original message’s true content. D.
INTERNET GUIDELINES In addition to the above terms of use, the following guidelines specifically apply to Internet usage. Members of the Lewis and Clark campus community must remember that access to the Internet is a privilege. All College Students, Faculty, Staff or other personnel who use or have access to the Internet through the College must use the Internet resources in an effective, ethical and lawful manner. The following guidelines must be adhered to by all persons whether using systems on-campus or dialing in from off-campus. Failure to do so may result in removal of your account. The account is to be closed if you are no longer associated with the College. Because of limited disk space, it is expected that you check e-mail daily and delete unnecessary messages immediately. Keep messages remaining in your electronic mailbox to a minimum. Subscribers to news and messaging groups/services have an additional responsibility to monitor their electronic mailbox. COMMUNICATIONS OVER THE INTERNET. Electronic communications facilities (such as e-mail, talk, network news and Internet Relay Chat) are primarily for College activities. Each individual is responsible for his/her image on the Internet as well as the image of the College. Fraudulent, harassing, or obscene messages and/or other materials must not be transmitted over the Internet or any other network on- or offcampus. Inappropriate messages include but are not limited to the following: FRAUDULENT MESSAGES. Messages sent under an assumed name or modified address or with the intent to obscure the origin of the message. HARASSING MESSAGES. Messages that harass an individual or group because of their sex, race, age, religious beliefs, national origin, physical attributes or sexual preference.
Page 165 OBSCENE MESSAGES. Messages that contain obscene or inflammatory remarks directed toward an individual or group. INAPPROPRIATE USE OF RESOURCES No one may deliberately attempt to degrade the performance of a computer system on the Internet or to deprive authorized personnel of resources or access to any computer system. NETWORK CONFIGURATION. No one may establish a TCP/IP resource on campus without the explicit consent of Academic Computing/Helpdesk. All addresses are administered by Academic Computing/Helpdesk and all users must adhere to the addressing conventions established by that department. SECURITY. No one may use loopholes in computer security systems or knowledge of a special password to damage computer systems, obtain extra resources, take resources from another user, gain access to systems or use systems for which proper authorization has not been given. SYSTEM ACCOUNTS. Accounts are assigned to individuals and no one may use another person’s account. Use of another user’s account may result in automatic suspension of the account. FINANCIAL GAIN. No one may use resources of the Internet for personal financial gain by posting messages that promote the products or services of a local business or their own product or services. REVISIONS. The College may amend, revise or supplement this policy at any time, with or without notice. This policy does not constitute, and shall not be construed as an express or implied contract of employment. Because technology is constantly changing and evolving, all users are expected to periodically review and familiarize themselves with the current versions of this policy and with any subsequent updates to this policy. TERMINATION AT SEPARATION. Upon separation from the College as a student, or member of the College’s faculty or staff, a user shall have no further right to use or have access to the College’s technology resourses and shall discontinue use, return or otherwise surrender possession to all College technology resources in his or her possession, custody or control. Upon such separation, the College shall be entitled to terminate all of the user’s access to the College’s technology resources. POLICY VIOLATIONS. Access to and use of the College’s technology resources is a privilege, not a right. Users who do not comply with this policy are subject to denial of access to the College’s technology resources, and disciplinary action up to and including discharge or other separation.
Page 166 LCCC BOARD AGENDA FOR ALL DISCUSSION AND ACTION ITEMS May 19, 2020
Action Item Lease Agreement with Illinois Humanities
Background
Lewis and Clark has a history of collaborative programming with the Illinois Humanities (IH) that culminated in Spring 2014 when Matt Meacham of the IH reached out to find out more about the Mannie Jackson Center for the Humanities. Since that initial inquiry, L&C and the IH have partnered on numerous activities including presentations and humanities offerings within the district. This established partnership on humanities-related projects and presentations, combined with a shared vision for access to humanities programming for all, resulted in leasing space by IH at the MJCH for Matt Meacham.
Implications A lease agreement renewal at the MJCH will facilitate continued programming collaborations. The Illinois Humanities will lease one furnished office from Lewis and Clark inside the MJCH for an annual fee of $1,500. Fees for copies and telecommunications will be billed to IH monthly based on actual usage.
Recommendation The Board approve the renewal of the lease agreement with Illinois Humanities for the period of July 1, 2020 through June 30, 2021.
Page 167
LEWIS AND CLARK COMMUNITY COLLEGE AND
ILLINOIS HUMANITIES MEMORANDUM OF AGREEMENT
Page 168 AGREEMENT The Board of Trustees of Lewis and Clark Community College (hereinafter referred to as "College") enters into this Agreement ("MOA") with the Illinois Humanities, a not for profit entity organized under the laws of the state of Illinois (hereinafter referred to as "IL Humanities"). Whereas the College has created the Mannie Jackson Center for the Humanities currently headquartered in the Mannie Jackson Center for the Humanities Center;
Whereas, the mission of the Mannie Jackson Center for the Humanities is to promote mutual understanding, respect, compassion and equity among people of the global community; Whereas, the IL Humanities has as its mission to strengthen society by fueling inquiry and conversation about the ideas and works that shape our culture: Whereas, there is a synergy that exists between the two entities such that both can benefit by working together on defined projects Whereas, the College currently has available space in its Mannie Jackson Center for the Humanities Center not currently being utilized by the College; Whereas, the mission of both organization can be enhanced by the sharing of physical space; Whereas, the patties agree that utilization of a portion of Center by the IL Humanities under the terms and conditions listed below would further the work, research and education programs of both the College and IL Humanities. Now therefore, the parties agree as follows:
1.
PREMISES: The Center is located at 1210 North Main, Edwardsville, Illinois. IL Humanities will have the exclusive use of an office with telephone and internet access. Subject to the other applicable provisions of this MOA, the College grants to IL Humanities and IL Humanities employees, agents, and invitees, the nonexclusive right, during the Term (defined in section 3), to use; subject to the rights of governmental authorities, easements, public highways and other restrictions of record, in common with others granted the use thereof, the Common Areas located within or benefiting the Facility. "Common Areas" shall mean, as they may from time to time exist, those portions of the Center which are exclusive of other areas which are set aside as the exclusive use areas of the College or its designees and shall include, without limitation, the lobby area, the bathrooms and parking areas, and all other areas or improvements which may be provided by
Page 169 College for the general use of other occupants of the Center and their agents, employees, and customers whether within or without the Center, subject to availability. College shall be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained in connection therewith shall be at the sole discretion of College, which shall be responsible for the scheduling of rooms and events. College may temporarily close parts of the Common Areas for such periods of time as may be necessary for (i) temporary use as a work area in connection with construction of buildings or other improvements within the Center or contiguous property; (ii) repairs or alterations in or to the Common Areas or to any utilitytype facilities; (iii) preventing the public from obtaining prescriptive rights in or to the Common Areas; (iv) emergency or added safety reasons; or (v) doing and performing such other acts as in the use of good business judgment College shall determine to be appropriate for the Center.
Nothing herein shall affect the rights of College at any time to remove unauthorized persons from said areas or to prevent the use of said areas by such unauthorized persons. College shall have and reserves the right at any time to redesignate, modify, expand, reduce and change the Common Areas and to use and permit such uses thereof.
2.
USE FEE. IL Humanities shall pay College an annual fee (hereinafter "Fee") of one thousand and five hundred dollars ($1 ,500.00) per year to be paid in equal monthly payments of one hundred and twenty-five dollars ($ 125.00), no later than the first day of every month of the MOA. If the Term commences on a day other than the first day of a calendar month or ends on a day other than the last day of a calendar month, the portion of the fee for such fractional month shall be prorated on the basis of onethirtieth (1/30th) of the monthly portion of the fee, for each day of such fractional month within the Term.
3.
COLLABORATION. In addition to the above, College and IL Humanities agree to collaborate on the following: Possible collaborations could include: Illinois Speaks, an Odyssey Project course, and ad hoc programs. Staff from Illinois Humanities and the Mannie Jackson Center could meet according to a set schedule [monthly or quarterly] to identify collaborations. Identifying other mutually agreed upon activities.
Page 170
4.
TERM: The term of this IGA shall be for the period beginning July 1, 2020 ("MOA Commencement Date") and ending June 30, 2021 ("MOA Expiration Date") (referred to herein as "Term").
5.
TERMINATION: This MOA may be terminated by either party upon providing 30 calendar days' notice to the other under the following conditions:
6.
NOTICE: All notices will be sent to the following parties: College: Lewis & Clark Community College Vice President of Administration Erickson Hall 5800 Godfrey Road Godfrey, Illinois 62035-2466
IL Humanities: Gabrielle Lyon Executive Director 125 S. Clark St., #650 Chicago, IL 60603 Any notice will be deemed delivered no later than five (5) days after notice is mailed or, if personally delivered, when acknowledgment of receipt is signed, as provided above. Either party may change its own mailing address by written notice to the other, as provided herein.
7.
OPERATING EXPENSES: This MOA is considered to be on "gross rent" terms. College, throughout the Term, shall maintain and keep the parking area and common facilities in good order, condition and repair, including adequate lighting, painting, snow removal, drainage, supervision and the like, and all costs and expenses incurred in connection therewith, including, but not limited to, real estate taxes (if any), special assessments, utilities, repairs, janitorial expenses for all common facilities, garbage storage and garbage removal expenses, shall be paid by University. College shall provide one office equipped with a desk and a desk chair. IL Humanities will bring all other office equipment (computer, fax and printer) and supplies. College will provide make available access to the internet and phone service in the office. The College will send an invoice monthly to IL Humanities for communication charges based on usage. IL Humanities must follow College's
Page 171 Technology Resources Policy. IL Humanities will also have access to conferences rooms on a shared-basis, as available. IL Humanities shall have access to a black and white photocopier at the Center. The current fee for using the copier is .04 cents for a black and white copy. IL Humanities can request color copies utilizing the College's Creative Services Department/Print Shop on the Godfrey Campus. Copy fees are subject to change as the College deems necessary. IL Humanities will determine who is authorized to receive and use the account number needed to operate the photocopier. IL Humanities will be responsible for payment of all copies charged to this account.
College's Finance Department will take monthly readings on the copier and from Creative Services and bill IL Humanities for payment.
Notwithstanding the foregoing, IL Humanities shall keep the Center in good repair and condition during the Term, and shall pay to College the reasonable cost of any repairs, replacements or maintenance required as a result of any act, failure to act, or neglect of College, its agents, or employees. IL Humanities shall not, without prior written consent of College, which may be withheld for any reason or no reason at all, make any alterations, decorations, installations, additions or improvements to the Center (collectively, "Alterations"). All approved Alterations shall be done at College's sole cost and expense.
8.
LIABILITY. It is understood and agreed that neither party to this MOA shall be legally liable for any negligent or wrongful acts either of commission or omission, chargeable to the other, unless such liability is imposed by law and this MOA shall not be construed as seeking to either enlarge or diminish any obligation or duty owed by one party against the other or against third parties. Nothing contained herein is intended nor should it be construed to release, waive or limit any defenses that either party otherwise possesses, including but not limited to defenses or limitations under the Illinois Tort Immunity Act.
9.
USE OF PREMISES: IL Humanities agrees to use the Center for the purpose of IL Humanities, training, education and research; anything beyond this scope will require special approval, in writing, from the College. IL Humanities acknowledges and agrees that IL Humanities' use of the Center is not exclusive and may, from time to time, be used by others and IL Humanities' use is subject
Page 172 to all of the terms and conditions of this MOA and the rental and use of facilities policies and procedures. IL Humanities acknowledges that College may enter into other agreements with third parties granting, renewing, or extending similar use rights to others. The Center shall be used by IL Humanities only for the purposes specified above and for no other purpose. INSURANCE: IL Humanities will, at its sole cost and expense, at all times during Term, maintain in full force a policy or policies of insurance, written by one or more responsible insurance carriers, which will insure College against liability for injury to or death of persons or loss of damage to property occurring in or about Center. The liability under such insurance will not be less than One Million Dollars ($1 for bodily injury and/or property damage for any one occurrence. IL Humanities will annually provide College, on the anniversary date of IL Humanities' liability insurance renewal, with a certificate of insurance naming College as additional insured as it respects liability IL Humanities incurs as a result of the operations of IL Humanities at the Center. IL Humanities agrees to provide 30 days advance public notice of any cancellation of coverage.
IL Humanities also agrees to provide Workers' Compensation benefits required by Illinois law.
Further, IL Humanities will, at its own expense, at all times during Term maintain in full force insurance on any property belonging to IL Humanities. Such insurance will protect against fire and other perils commonly associated with a "special-form" perils insurance policy. IL Humanities will provide College a certificate of insurance evidencing said coverage at MOA commencement. Certificate will further make provisions for thirty (30) days advance written notice to College of any modifications, changes or cancellations. 10.
ASSIGNMENT: IL Humanities may not assign, or sublease any of its rights under this MOA.
11.
CONDITION AT TERMINATION: Upon termination of this MOA, IL Humanities will retum the Center in the same condition as when delivered to IL Humanities, reasonable wear and tear excepted.
Page 173 12.
TOTAL DESTRUCTION: If the Center is totally destroyed by fire or other casualty, either College or IL Humanities may terminate this MOA immediately by giving notice to the other party. In case of destruction during MOA Term, Fee will abate during the period and to the extent that the Center is rendered unusable for IL Humanities' purposes.
13.
REGULATION AND POLICY: IL Humanities and its employees will observe and comply with all applicable regulations and policies which are required for operation of Center. IL Humanities Employees will be subject to, observe and comply with all applicable College policies and rules of conduct applicable to College employees, visitors and contractors, including but not limited to background investigations, if applicable.
14.
WAIVER: The waiver by College or IL Humanities of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other term, covenant or condition nor shall either party's consent to any breach of any term, covenant or condition be deemed to constitute or imply its consent to any subsequent breach of the same or other term, covenant or condition herein contained.
15.
NO AMENDMENTS: No amendment of this MOA will be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on either party hereto.
16.
TIME OF THE ESSENCE: Time is of the essence of each and provision of this MOA
17.
BINDING EFFECT: Subject to any provision, this MOA shall bind the parties, their representatives, successors, and assigns.
18.
INVALIDITY: The invalidity of any provision of this MOA as determined by a court of competent jurisdiction will in no way affect the validity of any other provision hereof.
19.
ACCEPTANCE OF PREMISES: IL Humanities acknowledges that it has examined the Center and accepts the same in "as is" condition, and as being entirely satisfactory. College has no obligation to alter the Center, or perform any repair or maintenance unless provided for otherwise in this MOA.
20.
DEFAULT BY IL HUMANITIES: Time is of the essence hereof. IL Humanities shall be in default if IL Humanities fails to perform any obligation hereunder as and when due, or if IL Humanities breaches any provision of this MOA. In the
Page 174 event of such a default, College shall have all rights and remedies allowed by law. In addition, the College shall have the right to terminate this MOA and/or IL Humanities' right to use the Center. Upon any such termination, IL Humanities shall immediately yield up possession of the Center. 21.
DEFAULT BY COLLEGE: Time is of the essence hereof. College shall be in default if College fails to perform any obligation hereunder as and when due. In the event of such default, IL Humanities shall have all rights and remedies allowed by law.
22.
PROPERTY RIGHTS: Nothing contained in this IGA shall be construed as granting to University any property rights in the IGA, or creating any partnership or business relationship between University and College.
23.
GOVERNING LAW: This MOA shall be construed according to the laws of the State of Illinois.
24.
MISCELLANEOUS: This MOA may be executed in any number of counterparts, and all of which taken together will constitute one instrument. The parties acknowledge that copies of this MOA, including signatures to this MOA, which are reproduced or transmitted by facsimile, by attachment to electronic mail or otherwise electronically, shall be deemed to constitute and have the same legal effect as originals.
25.
SIGNATURE AUTHORIZATION: Each individual signing this MOA represents that he/she is authorized to sign on behalf of their respective entity and that the entity is bound by the terms hereof.
IN WITNESS WHEREOF, the College and IL Humanities have caused these presents to be executed in the manner appropriate to each, all and as of the date and year first hereinabove set forth. COLLEGE: Board of Trustees of Lewis & IL Humanities: Clark Community College By:________________________________
By:____________________________
Date:______________________________
Date:__________________________
Page 175 LCCC BOARD AGENDA FOR ALL DISCUSSION AND ACTION ITEMS May 19, 2020
Action Item Memorandum of Understanding with University of Illinois: Illinois Sustainable Technology Center Haskell Hall Space Renewal
Background The Illinois Sustainable Technology Center collaborates with the Lewis and Clark Community College Office of Sustainability on a range of projects including waste and water audits, climate action plan and carbon footprint analysis. The Center’s research is beneficial to Lewis and Clark for starting up programs on campus through the Sustainability Office. The Center also provides consultation on smart grid and hydrokinetic energy technologies.
Implications In exchange for consulting and technical assistance offered, LC will provide office space in Haskell, Room 107 at the minimal cost of $1. Direct expenses such as phones and office supplies will be paid by the University of Illinois.
President’s Recommendation The Board authorize renewal of the one-year agreement for the period of July 1, 2020 through June 30, 2021.
Page 176
THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ILLINOIS INTERGOVERNMENTAL AGREEMENT University Unit using space:
Illinois Sustainable Technology Center
University funding source (CFOAPAL)
1-200250-807000-807002-A20
University Unit point of contact:
Laura Kohlmann, Prairie Research Institute
Address of property:
Haskell Hall Room 107 Lewis & Clark Community College Godfrey, Illinois 62035
Community College Name, Address:
Lewis & Clark Community College Finance Services Erickson Hall 5800 Godfrey Road Godfrey, Illinois 62035-2466
Use Period:
July 1, 2020 through June 30, 2021
Options w/cost & date of extensions:
N/A
Fee - Annually:
$1.00
Comments (project/property description):
Non-Exclusive use of classroom space
This cover sheet is for information purposes and is not a part of the following Agreement.
Page 177
INTERGOVERNMENTAL AGREEMENT The Board of Trustees of Lewis and Clark Community College District No. 536 (hereinafter referred to as “Community College”) enters into this agreement (“IGA”) with The Board of Trustees of the University of Illinois, a body corporate and politic of the State of Illinois, with its principal office in Urbana, Illinois 61801 (hereinafter referred to as “University”). Whereas, Community College and University wish to enter into a facility use agreement for the use of office space on the campus of Community College; and Whereas, the parties agree that utilization of a space by University under the terms and conditions listed below would further the research and education programs of the Illinois Sustainable Technology Center. Now therefore, the parties agree as follows: PREMISES. Community College hereby leases to University and University hereby leases from Community College, upon the terms and conditions herein set forth, that certain real property and its appurtenances, described as follows: premises known as Room 107 in Haskell Hall (the “Premises”), said Premises located in the building at 5800 Godfrey Road, Godfrey, Illinois (the “Building”). 1.
A. Non-Exclusive Use Areas. Subject to the other applicable provisions of this IGA, University will have the non-exclusive right, during the Term, to use, subject to the rights of governmental authorities, easements, public highways and other restrictions of record, in common with others granted the use thereof, the Common Areas located within or benefiting the Building. “Common Areas” shall mean, as they may from time to time exist, those portions of the Building which are exclusive of other areas which are set aside as the exclusive use areas of Community College or its designees and shall include, without limitation, the common entrances, lobbies, elevators, stairways and access ways, loading and unloading areas, visitor parking areas, ramps, drives, platforms, public restrooms, and common walkways and sidewalks necessary for access to the Premises. Community College shall be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained in connection therewith shall be at the sole discretion of Community College, and Community College may temporarily close parts of the Common Areas for such periods of time as Community College may decide in its sole discretion. University agrees to keep the Common Areas free and clear of any obstructions created or permitted by University or resulting from University’s operation. If, in the opinion of Community College, unauthorized persons are using the Common Areas by reason of the presence of University on the Premises and/or Building, University, upon demand of Community College, shall correct such situation by appropriate action and proceedings against all such
Page 178 unauthorized persons. Nothing herein shall affect the rights of Community College at any time to remove such unauthorized persons from said areas or to prevent the use of said areas by such unauthorized persons. Community College shall have and reserves the right at any time to redesignate, modify, expand, reduce and change the Common Areas and to use and permit such uses thereof as do not materially and adversely affect University’s use of the Premises. B. Parking Areas. Premises include parking space for University's nonexclusive use. 2. USE FEE. University shall pay Community College an annual facility use fee (hereinafter “Fee”) of ONE and 00/100 dollars ($1.00). Community College may change Fee with thirty (30) day written notice. Community College will bill University monthly for actual telecommunication costs. 3. TERM. The term of this IGA shall be for one year commencing on July 1, 2020 (“IGA Commencement Date”) and ending June 30, 2021 (“IGA Expiration Date”) (hereinafter referred to as “Term”). 4. TERMINATION: This IGA may be terminated under the following conditions: C. Community College, upon 90 days notice to University, may terminate this IGA for any reason. D. University may terminate this IGA without any penalty, accelerated payment, or other recoupment mechanism as provided herein for the following reasons: 1)
University may terminate and cancel in any fiscal year for which Illinois General Assembly, the Board of Trustees of the University of Illinois, or any Federal, county or local funding source fails to make an adequate appropriation, or fails to release any such appropriation, to make these payments under the terms of this IGA. Illinois Procurement Code [30 ILCS 500/40-25(c)].
2)
University, upon 90 days notice to Community College, may terminate if University is no longer in need of space in the Building.
3)
University, upon 10 days notice to Community College, may terminate if such notice is delivered within 20 days after any change Fee or notice of change Fee in accordance with Paragraph 2.
Page 179 5.
NOTICE: All notices will be sent to the following parties: Community College: Lewis & Clark Community College Finance Services Erickson Hall 5800 Godfrey Road Godfrey, Illinois 62035-2466 University: Laura Kohlmann Accounting Associate Prairie Research Institute (ISTC) University of Illinois 615 Peabody Drive Champaign, Illinois 61820 Copy To: Director of Real Estate Services Office of Capital Programs and Real Estate Services Suite 208, MC-321 506 S. Wright Street Urbana, Illinois 61801
Any notice will be deemed delivered no later than five (5) days after notice is mailed or, if personally delivered, when acknowledgment of receipt is signed, as provided above. Either party may change its own mailing address by written notice to the other, as provided herein. Fee payments and regular correspondence will be made to Community College and University at the addresses above by regular U.S. Mail. 6. OPERATING EXPENSES: This IGA is considered to be on “gross rent� terms. Community College, throughout IGA Term, shall maintain and keep the parking area and common facilities in good order, condition and repair, including adequate lighting, painting, snow removal, drainage, supervision and the like, and all costs and expenses incurred in connection therewith, including, but not limited to, real estate taxes (if any), special assessments, utilities, repairs, janitorial expenses for all common facilities, garbage storage and garbage removal expenses, shall be paid by Community College. Notwithstanding the foregoing, University shall keep the Premises in good repair and condition during the Term, and shall pay to Community College the
Page 180 reasonable cost of any repairs, replacements or maintenance required as a result of any act, failure to act, or neglect of University, its agents, or employees. University shall not, without prior written consent of Community College, which may be withheld for any reason or no reason at all, make any alterations, decorations, installations, additions, or improvements to Premises (collectively, “Alterations”). All approved Alterations shall be done at University’s sole cost and expense. University shall have access to Community College photocopiers. University will be billed monthly for fax and telephone usage. The current fee for the copier is $0.04 per black and white copy and $0.10 per color copy and is subject to change with 10-day written notice. University will determine who is authorized to receive and use the account number needed to operate the photocopiers. University will be responsible for payment of all copies charged to this account. Community College’s Finance Department will take monthly readings on the copier and bill University for payment. 7. LIABILITY. It is understood and agreed that neither party to this IGA shall be legally liable for any negligent or wrongful acts either of commission or omission, chargeable to the other, unless such liability is imposed by law, and this IGA shall not be construed as seeking to either enlarge or diminish any obligation or duty owed by one party against the other or against third parties. Nothing contained herein is intended nor should it be construed to release, waive, or limit any defenses that either party otherwise possesses, including but not limited to defenses or limitations under the Illinois Tort Immunity Act. USE OF PREMISES: University agrees to use Premises for the purpose of conducting research and service programs related to water resources and related applications; anything beyond this scope will require special approval, in writing, from Community College. University on-site employees must comply with Community College’s Technology Resource Policy as shown in Exhibit A These programs will provide training and research opportunities for Community College and University graduate and undergraduate students. University acknowledges and agrees that University’s use of the Premises is not exclusive and may, from time to time, be used by others and that University’s use is subject to all of the terms and conditions of this IGA. University acknowledges that Community College may enter into other agreements with third parties granting, renewing, or extending similar use rights to others. 8.
The Premises shall be used only for the purposes specified above and for no other purpose. University shall not (a) do or permit anything to be done, nor bring or keep anything in or around the Premises, that will increase the risk of fire or other loss (including by way of example, bring explosives into the Premises), (b) do or
Page 181 permit anything to be done which may be a nuisance to Community College or others using the Premises nor (c) commit or suffer any waste upon or about the Premises. University shall not, and shall not direct, suffer or permit any of its agents, contractors, employees, faculty, students, licensees or invitees to at any time handle, use, manufacture, store or dispose of in or about the Building, the Common Areas of the Building, or the surrounding areas of the Building any, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, or any substance subject to regulation by or under any federal, state and local laws, regulations and ordinances relating to the protection of the environment or the keeping, use or disposition of environmentally hazardous materials, substances, or wastes (collectively "Hazardous Materials”), except in compliance with environmental laws. University shall indemnify and hold Community College harmless from and against any and all loss, claims, liability or costs incurred by reason of the failure of University to comply with applicable environmental laws, or the presence, handling, use or disposition in or from the Premises of any Hazardous Materials, or by reason of actual failure of University to keep, observe, or perform any provision of this paragraph. 9. INSURANCE: University will, at its sole cost and expense, at all times during IGA Term, maintain in full force a policy or policies of insurance, written by one or more responsible insurance carriers, which will insure Community College against liability for injury to or death of persons or loss of damage to property occurring in or about Premises and arising out of the University’s sole negligence. The liability under such insurance will not be less than One Million Dollars ($1,000,000) combined single limit for bodily injury, or for damage or destruction of property for any one occurrence. University will annually provide Community College, on the anniversary date of University's liability insurance renewal, with a certificate of insurance naming Community College as additional insured as it respects liability Community College incurs as a result of the operations of the University on Premises. University agrees to provide 30-day written notice if the above insurance is cancelled. University, as a State Institution, provides any necessary Workers’ Compensation benefits required by State Statute. Community College will, at its sole cost and expense, at all times during IGA Term, maintain in full force a policy or policies of insurance, written by one or more responsible insurance carriers, which will insure University against liability for injury to or death of persons or loss of damage to property occurring in or about the common facilities and arising out of Community College’s sole negligence. The liability under such insurance will not be less than One Million Dollars ($1,000,000) combined single limit for bodily injury, or for damage or destruction of property for any one occurrence.
Page 182 Further, Community College will, at its own expense, at all times during IGA Term maintain in full force property insurance on the Building for the full insurable value of the Building and its permanent improvements. Such insurance will protect against fire and other perils commonly associated with a “broad-form” perils insurance policy. Community College will provide University a certificate of insurance evidencing said coverage at Lease commencement. Community College agrees to provide 30-day public written notice if the above insurance is cancelled. 10. ASSIGNMENT: Neither party may assign, or sublease, any of its rights under this IGA without consent in writing of the other party. 11. CONDITION AT TERMINATION: University may remove any fixtures, machinery and equipment installed in Premises by University upon termination of this IGA, if University is not then in default under this IGA and if University repairs any damage to the Premises caused by such removal. Upon termination of this IGA, University will return the Premises in the same condition as when delivered to University, reasonable wear and tear, damage by casualty, and alterations approved by Community College excepted. 12. TOTAL DESTRUCTION: If the Premises are totally destroyed by fire or other casualty, either Community College or University may terminate this IGA immediately by giving notice to the other party. In case of destruction during IGA Term, Fee will abate during the period and to the extent that the Premises are rendered unusable for University's purposes. 13.
PARTIAL DESTRUCTION: A. Notification by Community College. If the Premises are partially destroyed, Community College must within thirty (30) days of the destruction notify University, in writing, of the time period in which restoration will be complete. If such casualty will render ten percent (10%) or less of the floor space of the Premises unusable for the purposes intended, Community College will effect restoration of the Premises as quickly as is reasonably possible, but in any event within thirty (30) days after such destruction. Community College may terminate this IGA by written notice within thirty (30) days of the loss if such loss is not covered by any insurance described in the provisions of this IGA. Rent will abate during the period and to the extent that the Premises are rendered unusable for University’s purposes. B. Notification by University. University may terminate this IGA by giving written notice within thirty (30) days after any of the following: if it is determined Community College cannot restore to substantially the same condition as before destruction; if University is notified that such
Page 183 restoration period will be more than one hundred twenty (120) days; if restoration extends beyond the time period for completion as contained in the notification to University unless such extension is due to a reasonable delay. Fee will abate during the period and to the extent that the Premises are rendered unusable for University’s purposes. 14. REGULATION AND POLICY: University and its employees will observe and comply with all regulations and policies which are required for operation of Premises. University employees will be subject to, observe and comply with all Community College policies and rules of conduct applicable to Community College employees, visitors, and contractors, including but not limited to background investigations, if applicable. 15. WAIVER: The waiver by Community College or University of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other term, covenant or condition nor shall either party’s consent to any breach of any term, covenant or condition be deemed to constitute or imply its consent to any subsequent breach of the same or other term, covenant or condition herein contained. 16. NO AMENDMENTS: No amendment of this IGA will be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on either party hereto. 17. TIME OF THE ESSENCE: Time is of the essence of each term and provision of this IGA. 18. BINDING EFFECT: Subject to any Lease provision, this IGA shall bind the parties, their personal representatives, successors, and assigns. 19. INVALIDITY: The invalidity of any provision of this IGA as determined by a court of competent jurisdiction will in no way affect the validity of any other provision hereof. 20. ACCEPTANCE OF PREMISES: University acknowledges that it has examined the Premises and accepts the same in “as is” condition and as being entirely satisfactory. Community College has no obligation to alter the Premises, or perform any repair or maintenance unless provided for otherwise in this IGA. 21. DEFAULT BY UNIVERSITY: Time is of the essence hereof. University shall be in default if University fails to perform any obligation hereunder as and when due, or if University materially breaches any provision of this IGA. In the event of such a default, Community College shall have all rights and remedies allowed by law. In addition, Community College shall have the right to terminate this IGA and/or University’s right to use the Premises. Upon
Page 184 any such termination, University shall immediately yield up possession of the Premises and Community College may take any and all action, including changing the locks on the Premises and removing all of University’s possessions from the Premises. 22. PROPERTY RIGHTS: Nothing contained in this IGA shall be construed as granting to University any property rights in the IGA, or creating any partnership or business relationship between the University and Community College. 23. GOVERNING LAW: This IGA shall be construed according to the laws of the State of Illinois. 24. MISCELLANEOUS: This IGA may be executed in any number of counterparts, and all of which taken together will constitute one instrument. The parties acknowledge that copies of this IGA, including signatures to this IGA, which are reproduced or transmitted by facsimile, by attachment to electronic mail or otherwise electronically, shall be deemed to constitute and have the same legal effect as originals. 25. SIGNATURE AUTHORIZATION: Each individual signing this IGA represents that he/she is authorized to sign on behalf of their respective entity and that the entity is bound by the terms hereof.
(SIGNATURE PAGE FOLLOWS)
Page 185 IN WITNESS WHEREOF, Community College and University have caused these presents to be executed in the manner appropriate to each, all as and of the date and year first hereinabove set forth.
UNIVERSITY: Board of Trustees of the University of Illinois
COMMUNITY COLLEGE: Board of Trustees of Lewis & Clark Community College
By: _______________________ Avijit Ghosh, Comptroller
By:__________________________ President
Date:
Date:
Page 186 Exhibit A
TECHNOLOGY RESOURCES POLICY All College students, faculty, staff or other personnel who use or have access to the College’s technology resources, including but not limited to computers (e.g. desktops and portable computers, servers, networks, printers, software and data storage media), e-mail, voicemail, facsimile machines, photocopiers and Internet access (collectively, technology resources) should be familiar with, and must comply with, the following policies. A.
CONFIDENTIALITY AND ACCESS POLICIES The College’s technology resources store confidential information of the college. Access to this confidential information is granted to users only in connection with the College’s function as an educational institution. Users may access and use the information only for proper purposes and must respect and maintain the confidentiality of that information. Users may not leak, place, post, transmit, or otherwise disclose confidential, sensitive, or proprietary College information, or any private information relating to any individual College employees, contractors, or students, to anyone outside of the College by any means, at any time, or for any reason.
B.
TYPES OF SOFTWARE USED AT COLLEGE AND SOFTWARE POLICIES THIRD PARTY SOFTWARE. All third party software used by the College is proprietary to the third party vendor, is protected by copyright and/or trade secret law, and is subject to the terms of the specific software license agreement entered into by the College with the third party vendor with respect to that software. In general, these software license agreements expressly forbid copying of the software, forbid the use of unauthorized copies of the software, may restrict the use of software to particular hardware, and may limit the computers upon which the software may be used or the number of concurrent users of such software. Violation of the provisions of software agreements and or copyright law can subject the College and individuals to substantial damage claims and possible criminal penalties. As a result, users must strictly comply with the terms of these policies, in order to be permitted to continue to use such software. COPYING OF SOFTWARE. The College prohibits any unauthorized duplication of all software owned or licensed by College. No user may, without proper authorization, duplicate the software that is loaded on his or her computer’s hard disk for use on any other PC without consulting with and obtaining written authorization from the Academic Computing/Helpdesk staff. INSTALLATION OF UNAUTHORIZED SOFTWARE. College computer users may install software on College hardware with prior written authorization from the Academic Computing/Helpdesk staff. Such approval will be granted unless there is a substantial danger of system or network conflicts, configuration changes, etc. Any maintenance required by a PC that was caused by the installation of unauthorized software will be placed at the bottom of the priority list for repair by the Academic Computing/Helpdesk Staff. FILE-SHARING. Users may not post, upload, download, transmit, distribute, or engage in any “file-sharing” of any data or files (including software, music,
Page 187 audiovisual clips, movies, etc.) unless such activity is consistent with all applicable licenses and approved in advance by College’s Academic Computing/Helpdesk Staff. C.
USE OF TECHNOLOGY RESOURCES The College’s technology resources are property of the College, or are licensed for use by the College, and are intended to be used primarily for proper educational institutional purposes. MONITORING. The College reserves the right to monitor, inspect, access, intercept, review, and when appropriate, disclose any and all information created, entered, received, stored, viewed, accessed or transmitted via College technology resources (including without limitation in databases, data file systems, data archives, Web/Internet/Intranet sites). Users should have no expectation of privacy in connection with the use of College technology resources, including the creation, entry, receipt, storage, accessing, viewing or transmission of data, or communications of any kind via such resources. PASSWORDS AND SECURITY. All passwords and security used in connection with College technology resources -- including voice mail access codes -- are College property and must be made available to the College. Users must understand that their use of passwords will not preclude access, monitoring, inspection, interception, review, or disclosure by authorized College personnel. The College also may unilaterally assign and/or change passwords and personal codes. The security of the College’s technology resources is every user’s responsibility. Academic Computing Staff access each PC in the College periodically to perform system maintenance. Authorized and specifically designated College employees, agents, or representatives may also investigate and/or monitor the use of College systems to ensure that use is consistent with our Policies. They may also override all passwords or security codes when deemed necessary. LAWFUL USE. College technology resources may not be used to intentionally or unintentionally violate any local, state, federal, or national civil or criminal laws, including copyright and patent laws of any jurisdiction. Unlawful activity includes but is not limited to lotteries, raffles, betting, gambling for anything of value, and participating or facilitating in the distribution of unlawful materials. Users likewise may not upload, post, e-mail, or otherwise transmit any data that is threatening, malicious, tortuous, defamatory, libelous, obscene, or invasive of another’s privacy. Users also may not upload, download, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment. INFRINGEMENT OF PROPRIETARY RIGHTS. College computer, electronic, e-mail, and Internet resources may not be used to violate proprietary rights, including copyright, trademark, trade secret, patent, rights of publicity, or any other intellectual property rights. NO HARASSMENT. Users are absolutely forbidden from using College technology resources in any way that may be construed to violate the College’s harassment-free workplace policy or otherwise harass fellow students or other
Page 188 individuals. This prohibition includes sexually explicit or offensive images, messages, cartoons, jokes, ethnic or religious slurs, racial epithets or any other statement or image that might be construed as harassment or disparagement on the basis of race, color, religion, sex, national origin, age, disability, sexual orientation, or any other status protected by law. Users are required to take all reasonable steps to avoid and eliminate receipt of any potentially offensive material; claiming to be a passive recipient of prohibited material is unacceptable. Prohibited conduct includes sending e-mail messages to someone who has requested that the user not do so. MISREPRESENTATION OF IDENTITY. College computer, electronic, e-mail, and Internet resources may not be used to misrepresent, obscure, suppress, or replace one’s identity or the origin of data or communications. For example, “spoofing” and “phishing” (e.g, constructing electronic communications to appear to be from someone else, including to solicit personally indentiable information from recipients) is prohibited. Each user’s name, e-mail address, organizational affiliation, time and date of transmission, and related information included with electronic communications (including postings) must always reflect the true originator, time, date, and place of origination, as well as the original message’s true content. D.
INTERNET GUIDELINES In addition to the above terms of use, the following guidelines specifically apply to Internet usage. Members of the Lewis and Clark campus community must remember that access to the Internet is a privilege. All College Students, Faculty, Staff or other personnel who use or have access to the Internet through the College must use the Internet resources in an effective, ethical and lawful manner. The following guidelines must be adhered to by all persons whether using systems on-campus or dialing in from off-campus. Failure to do so may result in removal of your account. The account is to be closed if you are no longer associated with the College. Because of limited disk space, it is expected that you check e-mail daily and delete unnecessary messages immediately. Keep messages remaining in your electronic mailbox to a minimum. Subscribers to news and messaging groups/services have an additional responsibility to monitor their electronic mailbox. COMMUNICATIONS OVER THE INTERNET. Electronic communications facilities (such as e-mail, talk, network news and Internet Relay Chat) are primarily for College activities. Each individual is responsible for his/her image on the Internet as well as the image of the College. Fraudulent, harassing, or obscene messages and/or other materials must not be transmitted over the Internet or any other network on- or offcampus. Inappropriate messages include but are not limited to the following: FRAUDULENT MESSAGES. Messages sent under an assumed name or modified address or with the intent to obscure the origin of the message. HARASSING MESSAGES. Messages that harass an individual or group because of their sex, race, age, religious beliefs, national origin, physical attributes or sexual preference. OBSCENE MESSAGES. Messages that contain obscene or inflammatory remarks directed toward an individual or group.
Page 189 INAPPROPRIATE USE OF RESOURCES No one may deliberately attempt to degrade the performance of a computer system on the Internet or to deprive authorized personnel of resources or access to any computer system. NETWORK CONFIGURATION. No one may establish a TCP/IP resource on campus without the explicit consent of Academic Computing/Helpdesk. All addresses are administered by Academic Computing/Helpdesk and all users must adhere to the addressing conventions established by that department. SECURITY. No one may use loopholes in computer security systems or knowledge of a special password to damage computer systems, obtain extra resources, take resources from another user, gain access to systems or use systems for which proper authorization has not been given. SYSTEM ACCOUNTS. Accounts are assigned to individuals and no one may use another person’s account. Use of another user’s account may result in automatic suspension of the account. FINANCIAL GAIN. No one may use resources of the Internet for personal financial gain by posting messages that promote the products or services of a local business or their own product or services. REVISIONS. The College may amend, revise or supplement this policy at any time, with or without notice. This policy does not constitute, and shall not be construed as an express or implied contract of employment. Because technology is constantly changing and evolving, all users are expected to periodically review and familiarize themselves with the current versions of this policy and with any subsequent updates to this policy. TERMINATION AT SEPARATION. Upon separation from the College as a student, or member of the College’s faculty or staff, a user shall have no further right to use or have access to the College’s technology resourses and shall discontinue use, return or otherwise surrender possession to all College technology resources in his or her possession, custody or control. Upon such separation, the College shall be entitled to terminate all of the user’s access to the College’s technology resources. POLICY VIOLATIONS. Access to and use of the College’s technology resources is a privilege, not a right. Users who do not comply with this policy are subject to denial of access to the College’s technology resources, and disciplinary action up to and including discharge or other separation.
Page 190 LCCC BOARD AGENDA FOR ALL DISCUSSION AND ACTION ITEMS May 19, 2020
Action Item Mobile Unit Storage Lease Agreement
Background The college’s mobile health unit provides medical and dental services throughout the district on a contractual basis with public health departments, local school districts, and other area health and human service agencies. The mobile health unit travels nearly 3,800 miles and provides direct services to 2,600 residents throughout the college’s district every year in conjunction with the college’s health and dental clinic faculty, staff, and students.
Implications The proposed agreement for the mobile unit provides the college with a 12-month lease beginning in July at a rate of $1,020 per month plus utilities. The storage unit provides 1,242 square feet of climate-controlled space that is required for the mobile health unit. Given the close proximity of the facility, it would be beneficial for the college to enter into an agreement with Nathan & Meghan Schrumpf, the owners of the storage facility located at 6001-D Godfrey Road, Godfrey, IL.
Recommendation The Board approve a one-year lease agreement for the period of July 1, 2020 through June 30, 2021.
Page 191 LEASE AGREEMENT This document constitutes an agreement made on date of execution between the following parties: Nathan & Meghan Schrumpf owner of 6001 Godfrey Road, Godfrey IL. 62035 as OWNER and Scott Hovey d/b/a/ Progroup Instrument Corporation, of 26582 Lochaven Hill, Godfrey, IL. 62035, as Tenant and Lewis and Clark Community College as sub Tenant. The parties recite their general understanding and record the details of their agreements, as follows: 1. Recitals- Owner presently owns and holds for rent a parcel of real estate (the property) in the Village of Godfrey, County of Madison, State of Illinois, which Tenant and sub Tenant desires to lease (see Monticello plat of Godfrey – Parcel ID# 24-2-01-23-03-303-001). 2. Property- For the consideration of the rents, covenants and agreements contained and described in this lease, Owner rents and leases to Tenant and Sub Tenant, the portion of the building commonly known as 6001D Godfrey Rd, Godfrey, Illinois, on the terms and conditions set forth in this lease. The Sub lease area is comprised of 1242sq ft of garage space closest to the rear alley (23ft x 54ft) this is a pull thru garage door 20ft wide and 14ft tall on the front and rear of the building. 3. Term and options- The term of this lease shall extend for the periods, as follows A, Initial term- This lease shall extend for an initial term of 12 month commencing on 7-1-20 and terminating on 7-1-21. Upon the expiration or termination of this lease, or any renewal of the lease, Tenant and Sub Tenant agrees to deliver up quiet and peaceable possession of the demised premises, without further notice. B, Option(s) for renew- In consideration of the mutual covenants and agreements of this lease and subject to the limitations provided in this part of the lease, owner grants the Tenant and sub Tenant the right, during the lease agreement, to renew the lease on a month to month basis. 4. Possession- Possession to the Tenant and sub Tenant shall be granted to the Tenant and sub Tenant on the lease inception date in its present condition, which was approved and deemed acceptable by Tenant and sub Tenant. Possession shall be yielded to the owner on the termination date in original condition as existed on the lease inception date, normal wear and tear expected. 4. Hold over by Tenant or sub Tenant- If the Tenant or sub Tenant, without the owner's consent, retains possession of the premises or any part of it after the termination date, the tenant and sub tenant shall pay rent at double the monthly rate for the term immediately preceding the holding over for the time the Tenant or sub Tenant remains in possession and, in addition, shall pay the owner for all damages, consequential as well as direct, sustained by reason of the Tenant or sub Tenant retention of possession. Tenant and sub Tenant shall pay the full monthly rent for any Tenant or sub Tenant remain in possession of the premises, or any part of it, after the termination date, such holding over shall constitute a month to month renewal of the lease. These hold over provisions do not exclude the owner's right to re-entry or any other right provided by law.
Page 192 5. Rents and security deposits- Sub Tenant agrees to pay owner, for the initial term of the lease, rent in the amount one thousand twenty dollars ($1,020.00) per month, payable monthly in advance commencing on the lease inception date, and thereafter on the same day of each successive month. In addition, the Sub Tenant shall pay on the lease inception date a security deposit of two thousand forty dollars ($2,040.00) to ensure sub Tenants performance of the lease covenants and to be applied by the owner to any damages suffered as a result of any default by sub Tenant, with the balance promptly refunded to the sub Tenant following lease termination. All rent and deposits required hereunder shall be paid to owner at the address 506 Bethany Ln. Godfrey IL. 62035. (Security deposit was made on the inception date of initial contract 7/1/18). 6. Utilities- The electric and the natural gas charges for the entire 6001 rental space shall be paid for by the sub leaser. The dumpster in the rear of the building is paid for by the owner and is a common dumpster to be used by all renters. This dumpster is to only be used for trash directly related to the operation of the mobile health unit that is being stored in the rental space. It is further agreed upon the original Tenant will use the natural gas and electric to operate their business and the bill shall be paid by the sub tenant, it if further agreed upon that the tenant shall use electric and natural gas to operate their business. If the sub tenant terminates their lease for any reason the tenant is responsible for the natural gas and electric charges going forward. 7. Maintenance- Owner agrees to maintain the exterior of the building on the said property, including the structure and the roof. Otherwise, Tenant and sub Tenants understands premises are rented "as is" and agrees to maintain the property except for the roof and exterior of the building. Tenant and sub Tenant shall maintain the inside of the rental premises, including any repairs of broken glass, plumbing, electrical or other repairs. Tenant or sub Tenant shall not make any alterations or improvements without the written consent of the owner. 8. Observance of Laws; Care of Premises- Tenant and sub Tenant- Tenant and sub Tenant shall comply with all laws, rules, and regulations pertaining to the premises, expressly including all environmental laws and premises. 9. Use and Inspection- Tenant and sub Tenant agrees to use the premises only for warehouse/office space services. Tenant and sub Tenant shall strictly comply with and shall see that any visitors observe and comply with federal, state and local laws. Parking by Tenant and sub Tenant is on a first come first serve basis. Other businesses operate from this location and all the leases the parking is listed and first come first serve. 10. Succession and Assignment- This lease shall bind Owner and Tenant and sub Tenant and their respective heirs, personal representatives, successors and assigns. Tenant has the owner's consent to sub lease the property to Lewis and Clark college to house their mobile health unit. 11. Fire and Extended coverage- Owner shall obtain and pay for fire and other casualty insurance on the premises and the improvements for their insurable value, with the policy being payable to owner. Tenant and sub Tenant shall obtain and pay for like insurance on their equipment and contents, inventory and property, and shall carry liability
Page 193 insurance in the minimum amount of 1,000,000 written in the names of owner and tenant and owner and sub tenant, to protect all parties from any claim or demand for damages or injury to the person or property of any persons in or about the property arising out of the conduct of business by tenant or sub tenant, by any of tenants or sub tenants equipment, vehicles or personal property, or by any invite of tenant or sub tenant, tenant and sub tenant shall furnish owner with a certificate of coverage, with owner designated and remaining a named insured under these policies at all times. 12. Waiver of Damage- Tenant and sub Tenant expressly release owner from any and all liability for loss of or damage to tenant or sub tenant, or to any property of tenant or sub tenant, caused by water leakage, breaking of pipes, theft, vandalism, natural disaster, garage doors not working properly, or any other cause. 13. Hold Harmless- Tenant and sub Tenant shall indemnify and hold owner free and harmless from any and all liability, claims, loss, damage or expenses, including attorney's fees and costs, arising by reason of any death, injury or property damage sustained by any person, including Tenant and sub Tenant or any anent or employee of tenant or sub tenant where such death, injury or property damage is caused or allegedly caused by any negligent or intentional act of tenant or sub tenant or any guest, licensee, or invitee of tenant or sub tenant, or by tenants or sub tenants failure to perform any covenant, term, condition or act required by this agreement. 14. Destruction- If fire damage or other casualty loss renders the property untenantable, tenant and sub tenant shall owe no rent until restoration or the premises to a tenantable condition. In the event destruction covers fifty percent or more of the building either party may elect to terminate the lease by giving notice of the election to the other parties within ten days after the date of such fire or casualty. In the event destruction covers less than fifty percent of the building; owner may elect to terminate this lease and sub lease by giving written notice to the tenant and sub tenant. 15. Cost of Legal Fees- In the event of any default by the Tenant or sub Tenant, the owner may recover from the Tenant all costs and expenses, including reasonable attorney fees paid or incurred by the owner in order to enforce any of the covenants of this lease, and any court may tax the costs and expenses as cost of litigation. Effective date of agreement 7-1-2020 Nathan Schrumpf, Meghan Schrumpf (owners) Scott Hovey d/b/a/ Progroup Instrument Group _____________________ on behalf of Lewis and Clark Community College
Page 194 LCCC BOARD AGENDA FOR ALL DISCUSSION AND ACTION ITEMS May 19, 2020
Action Item TRiO Educational Opportunity Center (TRiO EOC) Lease
Background TRiO Educational Opportunity is a higher education consortium with its principal office in St. Louis, MO. The consortium is funded through the U.S. Department of Education. Their primary purpose is to provide information and services to individuals who desire to pursue a program of postsecondary education. Services are provided primarily to individuals who are low-income, first-generation college-ready and at least nineteen (19) years old. Services that TRiO EOC provides include: • Career Exploration • Interest Inventory Testing • College or Voc-Tech School Selection • Résumé Assistance • One-on-One Educational Counseling • Assistance in Completing Financial Aid Applications • Assistance in Completing Admission Applications • Choosing a Right Course of Study • Help in Building Self-Confidence • Providing Information on Student Default Remedies
Implications Many of the clients served by TRiO EOC enroll at Lewis and Clark Community College and need to interact with our Financial Aid Office. In November of 2011, TRiO EOC moved to the main campus which has proved to be mutually beneficial. The College will provide them office space and access to a photocopier, telephone line and Internet. TRiO EOC will be charged for the usage of the photocopier on a price per copy basis as well as their telephone usage. Recommendation The Board approve the renewal of the lease agreement with TRiO EOC for the period of July 1, 2020 through June 30, 2021.
Page 195
LEWIS AND CLARK COMMUNITY COLLEGE FACILITY USE AGREEMENT
Consortium using space:
TRiO Educational Opportunity Centers
Consortium contact person:
Marlana Hairston
Address of property:
Lewis & Clark Community College Benjamin’s – 204 Or other designated space on campus 6722 Godfrey Road Godfrey, Illinois 62035
College Name, Address:
Lewis & Clark Community College Finance Services Erickson Hall 5800 Godfrey Road Godfrey, Illinois 62035-2466
Use Period:
July 1, 2020 thru June 30, 2021
Options w/cost & date of extensions:
N/A
Comments (project/property description): One office or other space designated by the college.
This cover sheet is for information purposes and is not a part of the following Agreement.
Page 196
LEWIS AND CLARK COMMUNITY COLLEGE FACILITY USE AGREEMENT The Board of Trustees of Lewis and Clark Community College District No. 536 (hereinafter referred to as “College”) enters into this agreement (“Agreement”) with the TRiO Educational Opportunity Centers, a Higher Education Consortium with its principal office in St. Louis Missouri (hereinafter referred to as “Consortium”). Whereas, College and Consortium wish to enter into a facility use agreement for the use of office space on the campus of College; and Whereas, the parties agree that utilization of a space by Consortium under the terms and conditions listed below would further the education programs of Consortium. Now therefore, the parties agree as follows: 1. PREMISES. College hereby leases to Consortium and Consortium hereby leases from College, upon the terms and conditions herein set forth, that certain real property and its appurtenances, described as follows: one office at Benjamin’s or other space identified by College (the “Premises”), said Premises located in the building at 6722 Godfrey Road, Godfrey, Illinois (the “Building”). A. Non-Exclusive Use Areas. Subject to the other applicable provisions of this Agreement, Consortium will have the non-exclusive right, during the Term, to use, subject to the rights of governmental authorities, easements, public highways and other restrictions of record, in common with others granted the use thereof, the Common Areas located within or benefiting the Building. “Common Areas” shall mean, as they may from time to time exist, those portions of the Building which are exclusive of other areas which are set aside as the exclusive use areas of College or its designees and shall include, without limitation, the common entrances, lobbies, elevators, stairways and access ways, loading and unloading areas, visitor parking areas, ramps, drives, platforms, public restrooms, and common walkways and sidewalks necessary for access to the Building or the Premises. College shall be responsible for the operation, management, and maintenance of the Common Areas. The manner in which the Common Areas shall be maintained in connection therewith shall be at the sole discretion of College, and College may temporarily close parts of the Common Areas for such periods of time as College may decide in its sole discretion. Consortium agrees to keep the Common Areas free and clear of any obstructions created or permitted by Consortium or resulting from Consortium’s operation. If, in the opinion of College, unauthorized persons are using the Common Areas by reason of the presence of Consortium on the Premises and/or Building, Consortium, upon demand of College, shall correct such situation by appropriate action and proceedings against all such unauthorized persons. Nothing herein shall affect the rights of College at any time to remove such unauthorized persons
Page 197 from said areas or to prevent the use of said areas by such unauthorized persons. College shall have and reserves the right at any time to redesignate, modify, expand, reduce and change the Common Areas and to use and permit such uses thereof as do not materially and adversely affect Consortium’s use of the Premises. B. Parking Areas. Premises include parking space for Consortium's non-exclusive use. 2. USE FEE. Consortium shall pay College an annual facility use fee (hereinafter “Fee”) of ONE and 00/100 dollar ($1.00 ). College may change Fee with thirty (30) day written notice. 3. TERM. The term of this Agreement shall be for 12 months commencing on July 1, 2020 (“Agreement Commencement Date”) and ending June 30, 2021 (“Agreement Expiration Date”) (hereinafter referred to as the “Agreement Term”). 4. TERMINATION. This Agreement may be terminated before the end of the Agreement Term under the following conditions: A. College, upon 30 days’ notice to Consortium, may terminate this Agreement for any reason. B. Consortium, upon 30 days’ notice to College, may terminate if Consortium is no longer in need of space in the Building. 5.
NOTICE. All notices will be sent to the following parties: College: Lewis & Clark Community College Office of Capital Projects and Campus Operations Erickson Hall 5800 Godfrey Road Godfrey, Illinois 62035-2466
Consortium: Marlana Hairston EOC Director EOP Administrative Offices 4236 Lindell Blvd., Suite 105 St. Louis, MO 63108
Page 198 Any notice will be deemed delivered no later than five (5) days after notice is mailed or, if personally delivered, when acknowledgment of receipt is signed, as provided above. Either party may change its own mailing address by written notice to the other, as provided herein. Fee payments and regular correspondence will be made to College and Consortium at the addresses above by regular U.S. Mail. 6. OPERATING EXPENSES: This Agreement is considered to be on “gross rent” terms. College, throughout the Agreement Term, shall maintain and keep the parking area and common facilities in good order, condition and repair, including adequate lighting, painting, snow removal, drainage, supervision and the like, and all costs and expenses incurred in connection therewith, including, but not limited to, real estate taxes (if any), special assessments, utilities, janitorial expenses for all common facilities, garbage storage and garbage removal expenses, shall be paid by College. Notwithstanding the foregoing, Consortium shall keep the Premises in good repair and condition during the Term, and shall pay to College the reasonable cost of any repairs, replacements or maintenance required as a result of any act, failure to act, or neglect of Consortium, its agents, or employees. Consortium shall not, without prior written consent of College, which may be withheld for any reason or no reason at all, make any alterations, decorations, installations, additions, or improvements to Premises (collectively, “Alterations”). All approved Alterations shall be done at Consortium’s sole cost and expense. College shall provide office spaces. Consortium will furnish the offices. 7. MISCELLANEOUS COSTS: Consortium shall have access to College photocopiers. The current fee for the copier is $0.04 per black and white copy and $0.10 per color copy and is subject to change with 10-day written notice. Consortium will determine who is authorized to receive and use the account number needed to operate the photocopiers. Consortium will be responsible for payment of all copies charged to this account. College’s Finance Department will take monthly readings on the copier and bill Consortium for payment. Consortium will be billed monthly for long distance telephone usage. College will provide Consortium access to the internet, free of charge. Consortium, its employees and any persons using, visiting, or occupying the Premises at the request or invitation of Consortium must comply with College’s Technology Resource Policy as shown in Exhibit A. 8. LIABILITY. It is understood and agreed that neither party to this Agreement shall be legally liable for any negligent or wrongful acts either of commission or omission, chargeable to the other, unless such liability is imposed
Page 199 by law, and this Agreement shall not be construed as seeking to either enlarge or diminish any obligation or duty owed by one party against the other or against third parties. Nothing contained herein is intended nor should it be construed to release, waive, or limit any defenses that either party otherwise possesses, including but not limited to defenses or limitations under the Illinois Tort Immunity Act. 9. USE OF PREMISES: Consortium agrees to use Premises for the purpose of conducting functions related to facilitating clients to enroll at the College. Anything beyond this scope will require special written approval from College. Consortium shall not (a) do or permit anything to be done, nor bring or keep anything in or around the Premises, that will increase the risk of fire or other loss (including by way of example, bring explosives into the Premises), (b) do or permit anything to be done which may be a nuisance to College or others using the Building nor (c) commit or suffer any waste upon or about the Premises, or elsewhere in the Building. Consortium shall not, and shall not direct, suffer or permit any of its agents, contractors, employees, faculty, students, licensees or invitees to at any time handle, use, manufacture, store or dispose of in or about the Premises, the Common Areas of the Building, or the surrounding areas of the Building any, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, or any substance subject to regulation by or under any federal, state and local laws, regulations and ordinances relating to the protection of the environment or the keeping, use or disposition of environmentally hazardous materials, substances, or wastes (collectively "Hazardous Materials), , except in compliance with environmental laws. Consortium shall indemnify and hold College harmless from and against loss, claims, liability or costs incurred by reason of actual failure of Consortium to comply with applicable environmental laws, or the presence, handling, use or disposition in or from the Premises of any Hazardous Materials, or by reason of actual failure of Consortium to keep, observe, or perform any provision of this paragraph. 10. INSURANCE: Consortium will, at its sole cost and expense, at all times during the Agreement Term, maintain in full force a policy or policies of insurance, written by one or more responsible insurance carriers, which will insure College against liability for injury to or death of persons or loss of damage to property occurring in or about Premises. The liability under such insurance will not be less than One Million Dollars ($1,000,000) combined single limit for personal injury, sickness or death, or for damage or destruction of property for any one occurrence. Consortium will annually provide College, on the anniversary date of Consortium's liability insurance renewal, with a certificate of insurance naming College as additional insured as it respects liability College incurs as a result of the operations of the Consortium on Premises. Certificate
Page 200 will further make provisions for thirty (30) days advance written notice to College of any modifications, changes or cancellations. Consortium provides any necessary Workers’ Compensation benefits required by state statute. College will, at its sole cost and expense, at all times during the Agreement Term, maintain in full force a policy or policies of insurance, written by one or more responsible insurance carriers, which will insure Consortium against liability for injury to or death of persons or loss of damage to property occurring in or about the common facilities. The liability under such insurance will not be less than One Million Dollars ($1,000,000) combined single limit for personal injury, sickness or death, or for damage or destruction of property for any one occurrence. Further, College will, at its own expense, at all times during the Agreement Term maintain in full force property insurance on the Building for the full insurable value of the Building and its permanent improvements. Such insurance will protect against fire and other perils commonly associated with a “broad-form” perils insurance policy. College will provide Consortium a certificate of insurance evidencing said coverage at the Agreement Commencement Date. Certificate will further make provisions for thirty (30) days advance written notice to Consortium of any modifications, changes or cancellations. In addition, Consortium shall insure all of its personal property, machinery, and equipment installed or brought onto the Premises by Consortium. 11. ASSIGNMENT: Consortium may not assign, or sublease, any of its rights under this Agreement without consent in writing of College, which consent may be withheld in College’s sole discretion. 12. CONDITION AT TERMINATION: Consortium may remove any furnishings, fixtures, machinery and equipment installed in Premises by Consortium upon termination of this Agreement, if Consortium is not then in default under this Agreement and if Consortium repairs any damage to the Premises caused by such removal. Upon termination of this Agreement, Consortium will return the Premises in the same condition as when delivered to Consortium, reasonable wear and tear, damage by casualty, and alterations approved by College excepted. 13. TOTAL DESTRUCTION: If the Premises are totally destroyed by fire or other casualty, either College or Consortium may terminate this Agreement immediately by giving notice to the other party. In case of destruction during the Agreement Term, Fee will abate during the period and to the extent that the Premises are rendered unusable for Consortium’s purposes.
Page 201 14.
PARTIAL DESTRUCTION: A. Notification by College. If the Premises are partially destroyed, College must within thirty (30) days of the destruction notify Consortium, in writing, of the time period in which it is anticipated that restoration will be complete. College may terminate this Agreement by written notice within thirty (30) days of the loss if such loss is not covered by any insurance described in the provisions of this Agreement. Rent will abate during the period and to the extent that the Premises are rendered unusable for Consortium’s purposes. B. Notification by Consortium. Consortium may terminate this Agreement by giving written notice within thirty (30) days after any of the following: if it is determined College cannot restore to substantially the same condition as before destruction; if Consortium is notified that such restoration period will be more than one hundred twenty (120) days; if restoration extends beyond the anticipated time period for completion as contained in the notification to Consortium unless such extension is due to a reasonable delay. Fee will abate during the period and to the extent that the Premises are rendered unusable for Consortium’s purposes.
15. REGULATION AND POLICY: Consortium, its employees, and any persons using, visiting or occupying the Premises at the request or invitation of Consortium will observe and comply with all regulations and policies which are required for operation of Premises, and will be subject to, observe and comply with all College policies and rules of conduct applicable to College employees, visitors, and contractors, including but not limited to background investigations, if applicable. 16. WAIVER: The waiver by College or Consortium of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other term, covenant or condition nor shall either party’s consent to any breach of any term, covenant or condition be deemed to constitute or imply its consent to any subsequent breach of the same or other term, covenant or condition herein contained. 17. NO AMENDMENTS: No amendment of this Agreement will be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on either party hereto. 18. TIME OF THE ESSENCE: Time is of the essence of each term and provision of this Agreement. 19. BINDING EFFECT: This Agreement shall bind the parties, their personal representatives, successors, and assigns.
Page 202 20. INVALIDITY: The invalidity of any provision of this Agreement as determined by a court of competent jurisdiction will in no way affect the validity of any other provision hereof. 21. ACCEPTANCE OF PREMISES: Consortium acknowledges that it has examined the Premises and accepts the same in “as is” condition and as being entirely satisfactory. College has no obligation to alter the Premises, or perform any repair or maintenance unless provided for otherwise in this Agreement. 22. DEFAULT BY CONSORTIUM: Time is of the essence hereof. Consortium shall be in default if Consortium fails to perform any obligation hereunder as and when due, or if Consortium breaches any provision of this Agreement. In the event of such a default, College shall have all rights and remedies allowed by law. In addition, College shall have the right to terminate this Agreement and/or Consortium’s right to use the Premises. Upon any such termination, Consortium shall immediately yield up possession of the Premises and College may take any and all action, including changing the locks on the Premises and removing all of Consortium’s possessions from the Premises. 23. PROPERTY RIGHTS: Nothing contained in this Agreement shall be construed as granting to Consortium any property rights in the Agreement, or creating any partnership or business relationship between Consortium and College. 24. GOVERNING LAW: This Agreement shall be construed according to the laws of the State of Illinois. 25. MISCELLANEOUS: This Agreement may be executed in any number of counterparts, and all of which taken together will constitute one instrument. The parties acknowledge that copies of this Agreement, including signatures to this Agreement, which are reproduced or transmitted by facsimile, by attachment to electronic mail or otherwise electronically, shall be deemed to constitute and have the same legal effect as originals. 26. SIGNATURE AUTHORIZATION: Each individual signing this Agreement represents that he/she is authorized to sign on behalf of their respective entity and that the entity is bound by the terms hereof. SIGNATURE PAGE FOLLOWS
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IN WITNESS WHEREOF, College and Consortium have caused these presents to be executed in the manner appropriate to each, all as and of the date and year first hereinabove set forth.
CONSORTIUM: TRiO Educational Opportunities Centers
COLLEGE: Lewis &Clark Community College
By: _________________________ EOC Director
By:___________________________
Attest:
Attest:
Date:
Date:
Page 204 Exhibit A TECHNOLOGY RESOURCES POLICY All College students, faculty, staff or other personnel who use or have access to the College’s technology resources, including but not limited to computers (e.g. desktops and portable computers, servers, networks, printers, software and data storage media), telephone, e-mail, voicemail, facsimile machines, photocopiers and Internet access (collectively, technology resources) should be familiar with, and must comply with, the following policies. A.
CONFIDENTIALITY AND ACCESS POLICIES The College’s technology resources store confidential information of the College. Access to this confidential information is granted to users only in connection with the College’s function as an educational institution. Users may access and use the information only for proper purposes and must respect and maintain the confidentiality of that information. Users may not leak, place, post, transmit, or otherwise disclose confidential, sensitive, or proprietary College information, or any private information relating to any individual College employees, contractors, or students, to anyone outside of the College by any means, at any time, or for any reason.
B.
TYPES OF SOFTWARE USED AT COLLEGE AND SOFTWARE POLICIES THIRD PARTY SOFTWARE. All third party software used by the College is proprietary to the third party vendor, is protected by copyright and/or trade secret law, and is subject to the terms of the specific software license agreement entered into by the College with the third party vendor with respect to that software. In general, these software license agreements expressly forbid copying of the software, forbid the use of unauthorized copies of the software, may restrict the use of software to particular hardware, and may limit the computers upon which the software may be used or the number of concurrent users of such software. Violation of the provisions of software agreements and or copyright law can subject the College and individuals to substantial damage claims and possible criminal penalties. As a result, users must strictly comply with the terms of these policies, in order to be permitted to continue to use such software. COPYING OF SOFTWARE. The College prohibits any unauthorized duplication of all software owned or licensed by College. No user may, without proper authorization, duplicate the software that is loaded on his
Page 205 or her computer’s hard disk for use on any other PC without consulting with and obtaining written authorization from the Academic Computing/Helpdesk staff. INSTALLATION OF UNAUTHORIZED SOFTWARE. College computer users may install software on College hardware with prior written authorization from the Academic Computing/Helpdesk staff. Such approval will be granted unless there is a substantial danger of system or network conflicts, configuration changes, etc. Any maintenance required by a PC that was caused by the installation of unauthorized software will be placed at the bottom of the priority list for repair by the Academic Computing/Helpdesk Staff. FILE-SHARING. Users may not post, upload, download, transmit, distribute, or engage in any “file-sharing” of any data or files (including software, music, audiovisual clips, movies, etc.) unless such activity is consistent with all applicable licenses and approved in advance by College’s Academic Computing/Helpdesk Staff. C.
USE OF TECHNOLOGY RESOURCES The College’s technology resources are property of the College, or are licensed for use by the College, and are intended to be used primarily for proper educational institutional purposes. MONITORING. The College reserves the right to monitor, inspect, access, intercept, review, and when appropriate, disclose any and all information created, entered, received, stored, viewed, accessed or transmitted via College technology resources (including without limitation in databases, data file systems, data archives, Web/Internet/Intranet sites). Users should have no expectation of privacy in connection with the use of College technology resources, including the creation, entry, receipt, storage, accessing, viewing or transmission of data, or communications of any kind via such resources. PASSWORDS AND SECURITY. All passwords and security used in connection with College technology resources -- including voice mail access codes -- are College property and must be made available to the College. Users must understand that their use of passwords will not preclude access, monitoring, inspection, interception, review, or disclosure by authorized College personnel. The College also may unilaterally assign and/or change passwords and personal codes. The security of the College’s technology resources is every user’s responsibility.
Page 206 Academic Computing Staff access each PC in the College periodically to perform system maintenance. Authorized and specifically designated College employees, agents, or representatives may also investigate and/or monitor the use of College systems to ensure that use is consistent with our Policies. They may also override all passwords or security codes when deemed necessary. LAWFUL USE. College technology resources may not be used to intentionally or unintentionally violate any local, state, federal, or national civil or criminal laws, including copyright and patent laws of any jurisdiction. Unlawful activity includes but is not limited to lotteries, raffles, betting, gambling for anything of value, and participating or facilitating in the distribution of unlawful materials. Users likewise may not upload, post, e-mail, or otherwise transmit any data that is threatening, malicious, tortuous, defamatory, libelous, obscene, or invasive of another’s privacy. Users also may not upload, download, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment. INFRINGEMENT OF PROPRIETARY RIGHTS. College computer, electronic, e-mail, and Internet resources may not be used to violate proprietary rights, including copyright, trademark, trade secret, patent, rights of publicity, or any other intellectual property rights. NO HARASSMENT. Users are absolutely forbidden from using College technology resources in any way that may be construed to violate the College’s harassment-free workplace policy or otherwise harass fellow students or other individuals. This prohibition includes sexually explicit or offensive images, messages, cartoons, jokes, ethnic or religious slurs, racial epithets or any other statement or image that might be construed as harassment or disparagement on the basis of race, color, religion, sex, national origin, age, disability, sexual orientation, or any other status protected by law. Users are required to take all reasonable steps to avoid and eliminate receipt of any potentially offensive material; claiming to be a passive recipient of prohibited material is unacceptable. Prohibited conduct includes sending e-mail messages to someone who has requested that the user not do so. MISREPRESENTATION OF IDENTITY. College computer, electronic, e-mail, and Internet resources may not be used to misrepresent, obscure, suppress, or replace one’s identity or the origin of data or communications. For example, “spoofing” and “phishing” (e.g, constructing electronic communications to appear to be from someone else, including to solicit personally indentiable information from recipients) is prohibited. Each user’s name, e-mail address, organizational
Page 207 affiliation, time and date of transmission, and related information included with electronic communications (including postings) must always reflect the true originator, time, date, and place of origination, as well as the original message’s true content. D.
INTERNET GUIDELINES In addition to the above terms of use, the following guidelines specifically apply to Internet usage. Members of the Lewis and Clark campus community must remember that access to the Internet is a privilege. All College Students, Faculty, Staff or other personnel who use or have access to the Internet through the College must use the Internet resources in an effective, ethical and lawful manner. The following guidelines must be adhered to by all persons whether using systems on-campus or dialing in from off-campus. Failure to do so may result in removal of your account. The account is to be closed if you are no longer associated with the College. Because of limited disk space, it is expected that you check email daily and delete unnecessary messages immediately. Keep messages remaining in your electronic mailbox to a minimum. Subscribers to news and messaging groups/services have an additional responsibility to monitor their electronic mailbox. COMMUNICATIONS OVER THE INTERNET. Electronic communications facilities (such as e-mail, talk, network news and Internet Relay Chat) are primarily for College activities. Each individual is responsible for his/her image on the Internet as well as the image of the College. Fraudulent, harassing, or obscene messages and/or other materials must not be transmitted over the Internet or any other network on- or off-campus. Inappropriate messages include but are not limited to the following: FRAUDULENT MESSAGES. Messages sent under an assumed name or modified address or with the intent to obscure the origin of the message. HARASSING MESSAGES. Messages that harass an individual or group because of their sex, race, age, religious beliefs, national origin, physical attributes or sexual preference. OBSCENE MESSAGES. Messages that contain obscene or inflammatory remarks directed toward an individual or group. INAPPROPRIATE USE OF RESOURCES No one may deliberately attempt to degrade the performance of a computer system on the Internet or to deprive authorized personnel of resources or access to any computer system.
Page 208 NETWORK CONFIGURATION. No one may establish resource on campus without the explicit consent of Computing/Helpdesk. All addresses are administered by Computing/Helpdesk and all users must adhere to the conventions established by that department.
a TCP/IP Academic Academic addressing
SECURITY. No one may use loopholes in computer security systems or knowledge of a special password to damage computer systems, obtain extra resources, take resources from another user, gain access to systems or use systems for which proper authorization has not been given. SYSTEM ACCOUNTS. Accounts are assigned to individuals and no one may use another person’s account. Use of another user’s account may result in automatic suspension of the account. FINANCIAL GAIN. No one may use resources of the Internet for personal financial gain by posting messages that promote the products or services of a local business or their own product or services. REVISIONS. The College may amend, revise or supplement this policy at any time, with or without notice. This policy does not constitute, and shall not be construed as an express or implied contract of employment. Because technology is constantly changing and evolving, all users are expected to periodically review and familiarize themselves with the current versions of this policy and with any subsequent updates to this policy. TERMINATION AT SEPARATION. Upon separation from the College as a student, or member of the College’s faculty or staff, a user shall have no further right to use or have access to the College’s technology resourses and shall discontinue use, return or otherwise surrender possession to all College technology resources in his or her possession, custody or control. Upon such separation, the College shall be entitled to terminate all of the user’s access to the College’s technology resources. POLICY VIOLATIONS. Access to and use of the College’s technology resources is a privilege, not a right. Users who do not comply with this policy are subject to denial of access to the College’s technology resources, and disciplinary action up to and including discharge or other separation.
Page 209 LCCC BOARD AGENDA FOR ALL DISCUSSION AND ACTION ITEMS May 19, 2020
Action Item Renewal of Pride, Inc./LCCC Office Lease Agreement
Background Pride, Inc. located their offices on the campus of Lewis and Clark Community College campus on October 1, 1995. For the last twenty-plus years, the College has had lease agreements with Pride, Inc. to occupy designated square footage on the main campus of Lewis and Clark. The agreements have assisted the College in its efforts in promoting campus/community beautification awareness and environmental education for area residents. In addition, the organization has participated in raising funds to support the campus gardens.
Implications By continuing a lease agreement with Pride, Inc., the College will benefit from the positive media and public exposure. Pride, Inc. furnishes the office space with its own furniture and business equipment.
Recommendation The Board approve the renewal of the lease agreement with Pride, Inc. for the period of July 1, 2020 through June 30, 2021.
LEWIS AND CLARK COMMUNITY COLLEGE
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OFFICE LEASE Date of Lease: Term of Lease: Beginning: Ending:
______July 1, 2020 July 1, 2020 June 30, 2021
Monthly Rent:
-0-
Security Deposit: Location of Premises: Purpose:
$10.00
(10/1/95)
Offices 201 and 202 at Benjamin’s, 6722 Godfrey Road, Godfrey, IL or office identified by College
Provide office space to promote campus/community beautification awareness and environmental education
TENANT Pride, Inc. College Lewis and Clark Community College 6722 Godfrey Road, Godfrey, IL 62035
COLLEGE Lewis and Clark Community _
5800 Godfrey Road Godfrey,IL 62035-2466
---------------------------------------------------------------------------In consideration of the mutual covenants herein stated, College hereby leases to Tenant and Tenant hereby leases from College solely for the above purpose the premises designated above (the "Premises") for the above Term. 1. Rent. Tenant shall pay College as rent for the Premises the sum stated above, monthly in advance, until termination of this Lease, at College's address stated above. If the Term commences on a day other than the first day of a calendar month or ends on a day other than the last day of a calendar month, rent for such fractional month shall be prorated on the basis of one-thirtieth (1/30th) of the Monthly Rent, for each day of such fractional month within the Term. 2. Alterations. Tenant shall not, without the prior written consent of College, make any alterations, decoration, installations, improvements of additions to the Premises (collectively, "Alterations). In the event Tenant desires to make any Alterations, Tenant shall first submit to College plans and specifications therefor, and obtain College's written approval thereof prior to commencing Alterations. All Alterations shall be done at Tenant's sole cost and expense, and in such manner as College may from time to time designate. College shall be furnished evidence of Tenant's ability to pay for all Alterations and with waivers of lien as may be deemed appropriate by
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College. All Alterations, whether temporary or permanent in character, made by College or Tenant in or upon the Premises, shall become College's property and shall remain upon the Premises at the termination of this Lease by lapse of time or otherwise without compensation to Tenant; provided, however, the College shall have the right to require Tenant to remove such Alterations at Tenant’s cost upon the termination of this Lease. 3. Covenant Against Liens. Nothing contained in this Lease shall authorize Tenant to do any act which shall in any way encumber College's title to the Premises, nor in any way subject College's title to any claims by way of lien or encumbrance whether claimed by operation of law or by virtue of any expressed or implied contract of Tenant, and any claim to a lien upon the Premises arising from any act or omission of Tenant shall attach only to Tenant's interest and shall in all respects be subordinate to College's title to the Premises. If Tenant has not removed any such lien, encumbrance or claim therefor, within ten (10) days after Tenant has notice of such lien, memorandum or claim, College may pay the amount necessary to remove such lien, encumbrance or claim, without being responsible for making any investigation as to the validity thereof, and the amount so paid shall be deemed additional rent reserved under this Lease and shall be due and payable forthwith. Any amount so paid by College shall bear interest at the lower of (i) the rate of eighteen percent (18%) per annum or (ii) the highest rate permitted by applicable law from the date paid. 4. Insurance. Tenant, at its sole cost and expense, but for the mutual benefit of College, agrees to purchase and keep in force and effect during the entire Term hereof, insurance under policies issued by insurers of recognized responsibility (rated A or better by Best's Review) approved by College on Tenant's additions, installations, fixtures and improvements, and on its merchandise, inventory, contents, furniture, equipment and all other personal property located on the premises, protecting College and Tenant from damage or other loss caused by fire or other casualty, in amounts not less than the full insurable replacement value of such property. In addition, Tenant shall, at Tenants' sole cost and expense, maintain during the entire Term hereof, comprehensive public liability insurance and property damage insurance under policies issued by insurers of recognized responsibility (rated A or better by Best's Review) approved by College, with a combined single limit or not less than One Million Dollars ($1,000,000) for personal injury, bodily injury, sickness, disease or death or for damage or injury to or destruction of property (including the loss of use thereof) for any one occurrence. Tenant's policies under this paragraph shall provide that the insurer is required to provide College at least thirty (30) days notice prior to any cancellation or termination of such insurance. Tenant shall provide College evidence of the issuance of the policies required by this paragraph at least ten (10) days prior to the commencement of the Term. 5. Use. Tenant shall not use or permit upon the Premises anything that will invalidate any policy of insurance now or hereafter carried or that will increase the rate of insurance on the Premises. Tenant shall not do anything or permit anything to be done upon the Premises that in any way may tend to create a nuisance or disturb any other tenants. Tenant shall comply with all governmental health and safety requirements and regulations respecting the Premises and shall not conduct or permit to be conducted on the Premises any business which is in violation of any applicable law or, in the sole judgment of College, is immoral or dangerous.
Page 212 6. Compliance with Laws. Tenant shall operate its business and the Premises in compliance with all and any applicable federal, state and municipal laws, ordinances and regulations and shall not directly or indirectly make any use of the Premises which is prohibited by any such laws, ordinances or regulations. Without limiting the generality of the foregoing, Tenant shall not bring upon or use upon the Premises any "Hazardous Materials" as hereafter defined. The term "Hazardous Materials" as used herein shall mean and include any "hazardous" or "toxic" waste, material, or substance, as those terms are defined under any federal, state or local law, statute, ordinance, rule, regulation, order or decree, now or hereafter in effect. To the fullest extent permitted by law, Tenant hereby agrees to indemnify, defend and hold harmless College and its agents, servants and employees, from any against any and all claims, damages, loss, liability and expense, including, but not limited to, attorneys' fees, court costs and consultants' fees, arising out of or resulting from the presence of Hazardous Materials upon the Premises. 7. Utilities. The College agrees to pay all water, gas, electric and other utility bills taxed, levied or charged on the Premises. 8. Additional Services. College may, in its sole discretion, provide such extra or additional services as it is reasonably possible for College to provide, and as Tenant may from time to time request, within a reasonable period after the time such extra or additional services are required. Tenant shall, for such extra or additional services, pay College for such additional services at rates as reasonable determined by College. Failure by Tenant to promptly pay College's charges for any services shall give College the right to discontinue furnishing such services, and no such discontinuance shall be deemed as eviction or disturbance of Tenant's use of the Premises or render College liable for damages or relieve Tenant from performance of Tenant's obligations under the Lease. Tenant agrees that College shall not be liable in damages, by abatement of rent or otherwise, for failure to furnish or delay in furnishing any service, and any such failure or delay shall never relieve Tenant from paying Monthly Rent or performing any of its obligations under this Lease. All amounts due from Tenant to College under this paragraph shall be deemed additional rent reserved under this Lease and shall be due and payable forthwith. Any amount so paid by College shall bear interest at the lower of (i) the rate of eighteen percent (18%) per annum or (ii) the highest rate permitted by applicable law from the date paid. 9. Maintenance and Repairs. Tenant shall, at its sole cost and expense keep the Premises in good repair and condition during the Term, and shall repair any and all damage to the Premises caused by the act or neglect of Tenant, its agents, servants, employees, guests, licensees or invitees. If Tenant does not act promptly as aforesaid, College may, but shall not be required to, enter the Premises at all reasonable times to make any repairs,
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alterations, improvements or additions, including those which College shall desire or deem necessary for the safety, preservation or improvement of the Premises, or as College may be required to do by any governmental authority or by the order or decree of any court or by any other proper authority. Any amount paid by College for maintenance repairs or replacements which are the obligation of Tenant shall be deemed additional rent reserved under this Lease and shall be due and payable forthwith. Any amount so paid by College shall bear interest at the lower of (i) the rate of eighteen percent (18%) per annum or (ii) the highest rate permitted by applicable law from the date paid. 10. Surrender of Premises. Tenant shall quit and surrender the Premises at the end of the term in as good condition as at the beginning of the Term, with all keys thereto. 11. Condition of Premises. Tenant accepts the Premises in an "AS IS" and "WHERE IS" condition, and Tenant acknowledges that no representations or warranties have been made by College with respect to the condition of the Premises. 12. Rules and Regulations. Tenant agrees to comply with all rules and regulations which the College may from time to time promulgate. 13. Default and College Remedies. If default be made in the payment of Monthly Rent or additional rent, or any part thereof, or in any of the covenants herein contained to be kept by Tenant, College may at any time thereafter declare said Term ended and re-enter the Premises or may pert thereof, with or (to the extent permitted by law) without notice or process of law, and remove Tenant or any persons occupying the same, without prejudice to any remedies which might otherwise by used. No remedy herein or otherwise conferred upon or reserved to College shall be considered to exclude or suspend any other remedy but the same shall be cumulative and shall be in addition to every other remedy given hereunder, or not or hereafter existing at law or in equity or by statute, and every power and remedy given by this Lease to College may be exercised at any time and from time to time and so often as occasion may arise or as may be deemed expedient. 14. Holding Over. Tenant shall pay to College double the Monthly Rent for each month or portion thereof Tenant shall retain possession of the Premises or any part thereof after the termination of this Lease, whether by lapse of time or otherwise, and also shall pay all damages including legal costs and attorneys' fees sustained by College on account thereof. 15. Assignment, Subletting. Tenant shall neither sublet the Premises or any part thereof, nor assign this Lease, nor permit by any act or default any transfer of Tenant's interest by operation of law, nor offer the Premises or any part thereof for lease or sublease, nor permit the use thereof for any purpose other than as above mentioned, without in each case the written consent of College. 16. Option to Terminate. In the event that College, its successors or assigns shall desire to regain possession of the Premises, for any reason, College shall have the option of so doing upon giving Tenant thirty (30) days notice of College's election to exercise such option.
Page 214 17. Security Deposit Upon execution of this Lease, Tenant shall deliver the Security Deposit to College as security to guarantee performance of the terms of this Lease with respect to the payment of Monthly Rent and additional rent, and also for the faithful performance of all covenants and conditions and rules and regulations set forth in this Lease to be performed and observed by Tenant. Provided Tenant shall not have been in default or of any of the terms and provisions of this Lease, the Security Deposit shall be returned to Tenant not more than thirty (30) days after the end of the Term. In the Monthly Rent, additional rent or any other sum payable by Tenant to College shall be overdue and unpaid, or if Tenant shall fail to perform any of the terms of this Lease, then College may, without prejudice to any remedy which College may have on account thereof, appropriate and apply the Security Deposit, or so much thereof as may be necessary to compensate College toward the payment of the overdue and unpaid amounts, and to such other loss, damage, or expense sustained by College due to such breach on the part of Tenant. If College so appropriates or applies the Security Deposit or any portion thereof, Tenant shall forthwith restore the Security Deposit to the original sum. 18. Indemnity and Waiver of Claims. To the fullest extent permitted by law, Tenant agrees to indemnify and hold harmless College, its trustees, officers, agents, servants, employees, successors and assigns (collectively, the "indemnitees"), against any and all liabilities, losses damages and expense (including attorneys' fees), arising from Tenant's occupancy of the Premises or from any breach or default on the part of Tenant in the performance of any agreement of Tenant to be performed pursuant to the terms hereof, or from any negligent act or omission of Tenant, its employees, servants or agents on or about the Premises. In case any charge, allegation or proceeding is made or brought against the indemnitees, Tenant covenants to fully defend such charge, allegation or proceeding at its sole cost and expense by legal counsel selected by College, if requested by College. To the fullest extent permitted by law, Tenant hereby releases and waives all claims against the indemnities for injury or damage to persons, property or business sustained in or about the Premises by Tenant, its agents, employees, servants, invitees or customers, which injury or damage results from any act, neglect, occurrence or condition in or about the Premises. 19. Right to Relet. In case Tenant shall vacate the Premises during the Term, College may, at its option, without terminating this Lease, enter into said Premises and relet the same for the account of Tenant for such rent and upon such terms as College shall approve. If a sufficient sum shall not be thus realized monthly (after paying the expenses of such reletting and of collecting the rent accruing from such reletting) to satisfy the Monthly Rent and any additional sums due under the Lease, to be paid by Tenant, then Tenant shall satisfy and pay such deficiency upon demand monthly. 20. Payment of fees. Tenant shall pay all attorneys' fees and expenses of College incurred in enforcing any of the obligations of Tenant under this Lease, or in any litigation or negotiation in which College shall, without its fault, become involved through or on account of this Lease. 21. Eminent Domain If the Premises or any portion thereof shall be taken or condemned by any competent authority for public use or purpose, the Term of this Lease shall end upon the date when possession of the part so
Page 215
taken shall be required for such use or purpose, without apportionment of the award. 22. Fire and Casualty. If, during the Term of this Lease, the Premises shall be so injured by fire or other casualty as to be untenantable, then unless such injury be repaired within sixty (60) days thereafter, either party hereto may cancel this Lease, in which case Monthly Rent shall be apportioned and paid to the day of such fire or other casualty. 23. Binding Effect. This Lease shall be binding upon and inure to the benefit of the successors and assigns of College and shall be binding upon and inure to the benefit of Tenant, its successors and, to the extent assignment may be approved by College hereunder. Tenant's assigns. 24. Governing Law. This Lease shall be construed according to the laws of the State of Illinois. 25. Headings. College and Tenant mutually agree that the headings and captions contained in this Lease are inserted for convenience of reference only, and are not to be deemed part of or to be used in construing this Lease. 26. Severability. Wherever possible each provision of this Lease shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Lease shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Lease. 27. Consents and Waivers. No consent or waiver by College, expressed or implied, to or of any breach of any covenant, condition or duty of Tenant, shall be construed as a consent or waiver to or of any other breach of the same or any other covenant, condition or duty. 28. Notices. All notices, approvals and demands herein required shall be in writing, mailed or delivered to the other party at its address as set forth at the beginning of the Lease. The mailing of a notice by postage prepaid, registered or certified mail, return receipt requested, shall be deemed sufficient service thereof as of the second business day following such mailing. Service other than by mail as aforesaid shall be effective upon delivery on business days to the address as set forth at the beginning of the Lease. 29. Brokerage. Tenant warrants that it has had no dealings with any real estate broker or agent in connection with this Lease, and agrees to fully defend, hold harmless and indemnify College from and against any and all cost, expense or liability for any compensation, commissions and charges claimed by any broker or other agent with respect to this Lease or the negotiation thereof. 30. Time. Time is of the essence of this Lease and the performance of all covenants, agreements and conditions hereof. 31. No Rent Deduction or Setoff. Lessee's covenant to pay Monthly Rent shall be independent of each and every other covenant of this Lease.
Page 216 Lessee agrees that any claim by Lessee against College shall not be deducting from Monthly Rent nor set off against any claim for Monthly Rent in any action. 32. Subordination. This Lease is subordinate to all mortgages which may not or hereafter affect the Premises. 33. Access to Premises. Lessee will allow College free access to the Premises for the purpose of examining, exhibiting, repairing or altering same. 34. Submission of Lease. The submission of this document does not constitute an offer to lease, or a reservation of, or option for the Premises, and this document becomes effective and binding only upon the execution and delivery by the College and Tenant. 35. Entire Agreement. This Lease constitutes the entire agreement of the College and Tenant, and no other representation shall have any effect unless set forth in writing and signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written. LANDLORD:
TENANT:
LEWIS AND CLARK COMMUNITY COLLEGE
PRIDE, INC.
By:
By:_______________________________
________________________________
Title:
_____________________________
Title:____________________________
Page 217 LCCC BOARD AGENDA FOR ALL DISCUSSION AND ACTION ITEMS May 19, 2020
Action Item Renewal of RiverBend Growth Association (RBGA) /LCCC Office Lease Agreement
Background RBGA in a formal action on November 20, 1992, voted to relocate to the campus of Lewis and Clark Community College effective July 15, 1993. Since 1993, the College and RGBA has had consecutive office lease agreements to occupy designated square footage on the campus of Lewis and Clark.
Implications Agreements with RBGA have assisted the College in its efforts in stimulating economic development and training opportunities for area residents while at the same time providing office space for the Growth Association and positive media and public exposure for the College. RBGA furnishes the office space with its own furniture and business equipment.
Recommendation The Board approve the office lease agreement with the RiverBend Growth Association for the period of July 1, 2020 through June 30, 2021.
Page 218 LEWIS AND CLARK COMMUNITY COLLEGE OFFICE LEASE Date of Lease:
______July 1 2020
Term of Lease: Beginning: Ending:
June 30, 2021
Monthly Rent:
-0-
Security Deposit: Location of Premises: Purpose:
July 1, 2020
$10.00
(7/13/93)
Benjamin’s 1st Floor, 6722 Godfrey Road, Godfrey, IL or offices identified by College
A working relationship to assist the College in its effort to stimulate economic development and training opportunities for area residents. TENANT
RiverBend Growth Association Lewis and Clark Community College 6722 Godfrey Road, Godfrey, IL 62035-2466 _
_ COLLEGE
Lewis & Clark Community College 5800 Godfrey Road Godfrey,IL 62035-2466
---------------------------------------------------------------------------In consideration of the mutual covenants herein stated, College hereby leases to Tenant and Tenant hereby leases from College solely for the above purpose the premises designated above (the "Premises") for the above Term. 1. Rent. Tenant shall pay College as rent for the Premises the sum stated above, monthly in advance, until termination of this Lease, at College's address stated above. If the Term commences on a day other than the first day of a calendar month or ends on a day other than the last day of a calendar month, rent for such fractional month shall be prorated on the basis of one-thirtieth (1/30th) of the Monthly Rent, for each day of such fractional month within the Term. 2. Alterations. Tenant shall not, without the prior written consent of College, make any alterations, decoration, installations, and improvements of additions to the Premises (collectively, "Alterations). In the event Tenant desires to make any Alterations, Tenant shall first submit to College plans and specifications therefor, and obtain College's written approval thereof prior to commencing Alterations. All Alterations shall be done at Tenant's sole cost and expense, and in such manner as College may from time to time designate. College shall be furnished evidence of Tenant's ability
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to pay for all Alterations and with waivers of lien as may be deemed appropriate by College. All Alterations, whether temporary or permanent in character, made by College or Tenant in or upon the Premises, shall become College's property and shall remain upon the Premises at the termination of this Lease by lapse of time or otherwise without compensation to Tenant; provided, however, the College shall have the right to require Tenant to remove such Alterations at Tenant’s cost upon the termination of this Lease. 3. Covenant Against Liens. Nothing contained in this Lease shall authorize Tenant to do any act which shall in any way encumber College's title to the Premises, nor in any way subject College's title to any claims by way of lien or encumbrance whether claimed by operation of law or by virtue of any expressed or implied contract of Tenant, and any claim to a lien upon the Premises arising from any act or omission of Tenant shall attach only to Tenant's interest and shall in all respects be subordinate to College's title to the Premises. If Tenant has not removed any such lien, encumbrance or claim therefor, within ten (10) days after Tenant has notice of such lien, memorandum or claim, College may pay the amount necessary to remove such lien, encumbrance or claim, without being responsible for making any investigation as to the validity thereof, and the amount so paid shall be deemed additional rent reserved under this Lease and shall be due and payable forthwith. Any amount so paid by College shall bear interest at the lower of (i) the rate of eighteen percent (18%) per annum or (ii) the highest rate permitted by applicable law from the date paid. 4. Insurance. Tenant, at its sole cost and expense, but for the mutual benefit of College, agrees to purchase and keep in force and effect during the entire Term hereof, insurance under policies issued by insurers of recognized responsibility (rated A or better by Best's Review) approved by College on Tenant's additions, installations, fixtures and improvements, and on its merchandise, inventory, contents, furniture, equipment and all other personal property located on the premises, protecting College and Tenant from damage or other loss caused by fire or other casualty, in amounts not less than the full insurable replacement value of such property. In addition, Tenant shall, at Tenants' sole cost and expense, maintain during the entire Term hereof, comprehensive public liability insurance and property damage insurance under policies issued by insurers of recognized responsibility (rated A or better by Best's Review) approved by College, with a combined single limit or not less than One Million Dollars ($1,000,000) for personal injury, bodily injury, sickness, disease or death or for damage or injury to or destruction of property (including the loss of use thereof) for any one occurrence. Tenant's policies under this paragraph shall provide that the insurer is required to provide College at least thirty (30) days notice prior to any cancellation or termination of such insurance. Tenant shall annually provide College, on the anniversary date of Tenant's liability insurance renewal, with a certificate of insurance naming College as additional insured as it respects liability College incurs as a result of the operations of the Tenant on Premises. 5. Use. Tenant shall not use or permit upon the Premises anything that will invalidate any policy of insurance now or hereafter carried or that will increase the rate of insurance on the Premises. Tenant shall not do anything or permit anything to be done upon the Premises that in any way may tend to create a nuisance or disturb any other tenants. Tenant shall comply with all governmental health and safety requirements and regulations
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respecting the Premises and shall not conduct or permit to be conducted on the Premises any business which is in violation of any applicable law or, in the sole judgment of College, is immoral or dangerous. 6. Compliance with Laws. Tenant shall operate its business and the Premises in compliance with all and any applicable federal, state and municipal laws, ordinances and regulations and shall not directly or indirectly make any use of the Premises which is prohibited by any such laws, ordinances or regulations. Without limiting the generality of the foregoing, Tenant shall not bring upon or use upon the Premises any "Hazardous Materials" as hereafter defined. The term "Hazardous Materials" as used herein shall mean and include any "hazardous" or "toxic" waste, material, or substance, as those terms are defined under any federal, state or local law, statute, ordinance, rule, regulation, order or decree, now or hereafter in effect. To the fullest extent permitted by law, Tenant hereby agrees to indemnify, defend and hold harmless College and its agents, servants and employees, from any against any and all claims, damages, loss, liability and expense, including, but not limited to, attorneys' fees, court costs and consultants' fees, arising out of or resulting from the presence of Hazardous Materials upon the Premises. 7. Utilities. The College agrees to pay all water, gas, electric and other utility bills taxed, levied or charged on the Premises. 8. Additional Services. College may, in its sole discretion, provide such extra or additional services as it is reasonably possible for College to provide, and as Tenant may from time to time request, within a reasonable period after the time such extra or additional services are required. Tenant shall, for such extra or additional services, pay College for such additional services at rates as reasonable determined by College. Failure by Tenant to promptly pay College's charges for any services shall give College the right to discontinue furnishing such services, and no such discontinuance shall be deemed as eviction or disturbance of Tenant's use of the Premises or render College liable for damages or relieve Tenant from performance of Tenant's obligations under the Lease. Tenant agrees that College shall not be liable in damages, by abatement of rent or otherwise, for failure to furnish or delay in furnishing any service, and any such failure or delay shall never relieve Tenant from paying Monthly Rent or performing any of its obligations under this Lease. All amounts due from Tenant to College under this paragraph shall be deemed additional rent reserved under this Lease and shall be due and payable forthwith. Any amount so paid by College shall bear interest at the lower of (i) the rate of eighteen percent (18%) per annum or (ii) the highest rate permitted by applicable law from the date paid. 9. Maintenance and Repairs. Tenant shall, at its sole cost and expense keep the Premises in good repair and condition during the Term, and shall repair any and all damage to the Premises caused by the act or neglect
Page 221
of Tenant, its agents, servants, employees, guests, licensees or invitees. If Tenant does not act promptly as aforesaid, College may, but shall not be required to, enter the Premises at all reasonable times to make any repairs, alterations, improvements or additions, including those which College shall desire or deem necessary for the safety, preservation or improvement of the Premises, or as College may be required to do by any governmental authority or by the order or decree of any court or by any other proper authority. Any amount paid by College for maintenance repairs or replacements which are the obligation of Tenant shall be deemed additional rent reserved under this Lease and shall be due and payable forthwith. Any amount so paid by College shall bear interest at the lower of (i) the rate of eighteen percent (18%) per annum or (ii) the highest rate permitted by applicable law from the date paid. 10. Surrender of Premises. Tenant shall quit and surrender the Premises at the end of the term in as good condition as at the beginning of the Term, with all keys thereto. 11. Condition of Premises. Tenant accepts the Premises in an "AS IS" and "WHERE IS" condition, and Tenant acknowledges that no representations or warranties have been made by College with respect to the condition of the Premises. 12. Rules and Regulations. Tenant agrees to comply with all rules and regulations which the College may from time to time promulgate. 13. Default and College Remedies. If default be made in the payment of Monthly Rent or additional rent, or any part thereof, or in any of the covenants herein contained to be kept by Tenant, College may at any time thereafter declare said Term ended and re-enter the Premises or may pert thereof, with or (to the extent permitted by law) without notice or process of law, and remove Tenant or any persons occupying the same, without prejudice to any remedies which might otherwise by used. No remedy herein or otherwise conferred upon or reserved to College shall be considered to exclude or suspend any other remedy but the same shall be cumulative and shall be in addition to every other remedy given hereunder, or not or hereafter existing at law or in equity or by statute, and every power and remedy given by this Lease to College may be exercised at any time and from time to time and so often as occasion may arise or as may be deemed expedient. 14. Holding Over. Tenant shall pay to College double the Monthly Rent for each month or portion thereof Tenant shall retain possession of the Premises or any part thereof after the termination of this Lease, whether by lapse of time or otherwise, and also shall pay all damages including legal costs and attorneys' fees sustained by College on account thereof. 15. Assignment, Subletting. Tenant shall neither sublet the Premises or any part thereof, nor assign this Lease, nor permit by any act or default any transfer of Tenant's interest by operation of law, nor offer the Premises or any part thereof for lease or sublease, nor permit the use thereof for any purpose other than as above mentioned, without in each case the written consent of College.
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16. Option to Terminate. In the event that College, its successors or assigns shall desire to regain possession of the Premises, for any reason, College shall have the option of so doing upon giving Tenant thirty (30) days notice of College's election to exercise such option. 17. Security Deposit Upon execution of this Lease, Tenant shall deliver the Security Deposit to College as security to guarantee performance of the terms of this Lease with respect to the payment of Monthly Rent and additional rent, and also for the faithful performance of all covenants and conditions and rules and regulations set forth in this Lease to be performed and observed by Tenant. Provided Tenant shall not have been in default or of any of the terms and provisions of this Lease, the Security Deposit shall be returned to Tenant not more than thirty (30) days after the end of the Term. In the Monthly Rent, additional rent or any other sum payable by Tenant to College shall be overdue and unpaid, or if Tenant shall fail to perform any of the terms of this Lease, then College may, without prejudice to any remedy which College may have on account thereof, appropriate and apply the Security Deposit, or so much thereof as may be necessary to compensate College toward the payment of the overdue and unpaid amounts, and to such other loss, damage, or expense sustained by College due to such breach on the part of Tenant. If College so appropriates or applies the Security Deposit or any portion thereof, Tenant shall forthwith restore the Security Deposit to the original sum. 18. Indemnity and Waiver of Claims. To the fullest extent permitted by law, Tenant agrees to indemnify and hold harmless College, its trustees, officers, agents, servants, employees, successors and assigns (collectively, the "indemnitees"), against any and all liabilities, losses damages and expense (including attorneys' fees), arising from Tenant's occupancy of the Premises or from any breach or default on the part of Tenant in the performance of any agreement of Tenant to be performed pursuant to the terms hereof, or from any negligent act or omission of Tenant, its employees, servants or agents on or about the Premises. In case any charge, allegation or proceeding is made or brought against the indemnitees, Tenant covenants to fully defend such charge, allegation or proceeding at its sole cost and expense by legal counsel selected by College, if requested by College. To the fullest extent permitted by law, Tenant hereby releases and waives all claims against the indemnities for injury or damage to persons, property or business sustained in or about the Premises by Tenant, its agents, employees, servants, invitees or customers, which injury or damage results from any act, neglect, occurrence or condition in or about the Premises. 19. Right to Relet. In case Tenant shall vacate the Premises during the Term, College may, at its option, without terminating this Lease, enter into said Premises and relet the same for the account of Tenant for such rent and upon such terms as College shall approve. If a sufficient sum shall not be thus realized monthly (after paying the expenses of such reletting and of collecting the rent accruing from such reletting) to satisfy the Monthly Rent and any additional sums due under the Lease, to be paid by Tenant, then Tenant shall satisfy and pay such deficiency upon demand monthly. 20. Payment of fees. Tenant shall pay all attorneys' fees and expenses of College incurred in enforcing any of the obligations of Tenant under this Lease, or in any litigation or negotiation in which College shall, without its fault, become involved through or on account of this Lease.
Page 223 21. Eminent Domain If the Premises or any portion thereof shall be taken or condemned by any competent authority for public use or purpose, the Term of this Lease shall end upon the date when possession of the part so taken shall be required for such use or purpose, without apportionment of the award. 22. Fire and Casualty. If, during the Term of this Lease, the Premises shall be so injured by fire or other casualty as to be untenantable, then unless such injury be repaired within sixty (60) days thereafter, either party hereto may cancel this Lease, in which case Monthly Rent shall be apportioned and paid to the day of such fire or other casualty. 23. Binding Effect. This Lease shall be binding upon and inure to the benefit of the successors and assigns of College and shall be binding upon and inure to the benefit of Tenant, its successors and, to the extent assignment may be approved by College hereunder. Tenant's assigns. 24. Governing Law. This Lease shall be construed according to the laws of the State of Illinois. 25. Headings. College and Tenant mutually agree that the headings and captions contained in this Lease are inserted for convenience of reference only, and are not to be deemed part of or to be used in construing this Lease. 26. Severability. Wherever possible each provision of this Lease shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Lease shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Lease. 27. Consents and Waivers. No consent or waiver by College, expressed or implied, to or of any breach of any covenant, condition or duty of Tenant, shall be construed as a consent or waiver to or of any other breach of the same or any other covenant, condition or duty. 28. Notices. All notices, approvals and demands herein required shall be in writing, mailed or delivered to the other party at its address as set forth at the beginning of the Lease. The mailing of a notice by postage prepaid, registered or certified mail, return receipt requested, shall be deemed sufficient service thereof as of the second business day following such mailing. Service other than by mail as aforesaid shall be effective upon delivery on business days to the address as set forth at the beginning of the Lease. 29. Brokerage. Tenant warrants that it has had no dealings with any real estate broker or agent in connection with this Lease, and agrees to fully defend, hold harmless and indemnify College from and against any and all cost, expense or liability for any compensation, commissions and charges claimed by any broker or other agent with respect to this Lease or the negotiation thereof.
Page 224 30. Time. Time is of the essence of this Lease and the performance of all covenants, agreements and conditions hereof. 31. No Rent Deduction or Setoff. Lessee's covenant to pay Monthly Rent shall be independent of each and every other covenant of this Lease. Lessee agrees that any claim by Lessee against College shall not be deducting from Monthly Rent nor set off against any claim for Monthly Rent in any action. 32. Subordination. This Lease is subordinate to all mortgages which may not or hereafter affect the Premises. 33. Access to Premises. Lessee will allow College free access to the Premises for the purpose of examining, exhibiting, repairing or altering same. 34. Submission of Lease. The submission of this document does not constitute an offer to lease, or a reservation of, or option for the Premises, and this document becomes effective and binding only upon the execution and delivery by the College and Tenant. 35. Entire Agreement. This Lease constitutes the entire agreement of the College and Tenant, and no other representation shall have any effect unless set forth in writing and signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written. LANDLORD:
TENANT:
LEWIS AND CLARK COMMUNITY COLLEGE
RIVERBEND GROWTH ASSOCIATION
By:
________________________________
__________________________________
Its:
_______________________________
__________________________________
Page 225 LCCC BOARD AGENDA FOR ALL DISCUSSION AND ACTION ITEMS May 19, 2020 Action Item New AAS degrees – Medical Laboratory Technician and Surgical Technician Background In response to employer need and a way to increase enrollment, we would like to develop two new AAS degrees: Medical Laboratory Technician and Surgical Technician. As a part of the Illinois Community College Board approval process for a new vocational degree, the Board of Trustees must officially approve the development of the curriculum for a Medical Laboratory Technician AAS degree and a Surgical Technician AAS degree at Lewis and Clark Community College. This approval is needed as a part of the ICCB’s Form 20 Application. This application requires a feasibility analysis and a curriculum quality and cost analysis. These analyses include a review of curriculum development, labor market need, education and skills requirements, facilities, equipment, faculty qualifications, academic control and cost data. Implications The Medical Laboratory Technician program will prepare individuals for employment as Lab technicians in hospitals. Medical Lab technicians provides information for patient diagnosis and treatment by performing laboratory tests in toxicology, chemistry, hematology, immunology, and microbiology. They also are involved in receiving, typing, testing, and recording blood bank inventories. These technicians require skills in critical thinking, mathematics, chemistry, biology, computer software, reading and writing. The Surgical Technician program will prepare individuals for employment as Surgical technicians in hospitals. Surgical technologists (also known as operating room technicians and scrub techs) work alongside surgeons and nurses in the operating room. During an operation, the surgical tech passes tools to the surgeon and senior assistants as needed. Other main duties include preparing the operating room before surgery, assembling and disinfecting equipment for the surgical team, and handling specimens for analysis. They may also be involved in pre- and post-operative care by transporting patients to and from the operating room, disinfecting and bandaging incision areas, and positioning patients on the operating table. Board approval of these curricula is needed to submit the Form 20 required for final consideration by the ICCB. Approval of the Form 20 by ICCB will enable the establishment of these AAS degrees at Lewis and Clark Community College. This process can take from 12-24 months to complete. Recommendation Approval of these new AAS degrees.
Page 226 LCCC BOARD AGENDA FOR ALL DISCUSSION AND ACTION ITEMS May 19, 2020 Action Item Rank and Promotion Committee Recommendations Background The elected members of the Rank and Promotion Committee annually review the applications of those faculty eligible to apply for promotion within the professional ranking system for full-time faculty members. Successful candidates for promotion receive additional salary benefits in addition to the new rank title. Implications The 2019-2020 Rank and Promotion Committee is chaired by Jessica Noble and includes Brandon Huff, Beth Johnson, Gene Robeen, Sarah Rankin, Shelle Ridings and Denise Caldwell. These committee members were elected by a vote of their peers in each of their respective academic divisions. The Committee reviewed the applications for promotion among the four possible ranks of Instructor, Assistant Professor, Associate Professor and Professor. The criteria for the various ranks are established in the collective bargaining agreement between the Lewis and Clark Faculty Association and the Board of Trustees. Six candidates applied for promotion and one candidate completed the education requirement for automatic promotion. The six who applied were recommended for promotion, assuming that all educational credentials are documented by the end of the spring 2020 semester. Name 1. 2. 3. 4. 5. 6. 7.
Travis Jumper Paula Kelso Nicole Munden Carol Patterson Clayton Renth Jeffrey Vaughn Paul Kuebrich
Application For Associate Professor Professor Professor Associate Professor Assistant Professor Professor Instructor
Recommendation The Board approve the recommendations of the Rank and Promotion Committee with appropriate changes in salary benefits for those promoted to be reflected in the contractual period that begins in August 2020.
Page 227 RESOLUTION 20-8
ANNUAL INTER-FUND TRANSFER
WHEREAS, the College routinely, at the end of the fiscal year, makes adjustment in the current operating Budget to bring the various funds in line with actual revenue and expenditures; THE BOARD HEREBY RESOLVES AND APPROVES, the President or their designee, to make such adjustments within the limitations imposed by the Illinois Public Community College Act, Board of Trustees Policies, and auditing practices, recommended by the Illinois Community College Board. PASSED AND APPROVED this 19th day of May, 2020.
Chairman, Board of Trustees LEWIS AND CLARK COMMUNITY COLLEGE
Secretary, Board of Trustees LEWIS AND CLARK COMMUNITY COLLEGE
Page 228 RESOLUTION 20-9
WORKING CASH TRANSFER, EDUCATION FUND
WHEREAS, there are not sufficient funds in the Education Fund of Community College District No. 536, Counties of Madison, Macoupin, Jersey, Calhoun, Greene, Morgan, Scott, and State of Illinois to meet and defray the immediate contractual obligations of said Community College District; and, WHEREAS, the said Community College District has levied a tax for Education purposes for the fiscal year 2020, upon all of the taxable property within said district; and, WHEREAS, the said Community College District is authorized by Section 103-33.5 and 103-33.6 of the Illinois Revised Statutes, to transfer from the Working Cash Fund in anticipation of the collection of such taxes so levied and the aggregate total revenues. NOW THEREFORE, BE IT RESOLVED by the Board of Trustees of Community College District No. 536 Counties of Madison, Macoupin, Jersey, Calhoun, Greene, Morgan, Scott and State of Illinois, as follows: Section 1. That in order to provide a fund to meet and defray the immediate and necessary contractual obligations of this Community College District, working cash transfer be made against the revenues for Education purposes heretofore budgeted and not yet collected in the aggregate sum of Six Million Dollars ($6,000,000), which said sum does not exceed ninety percent (90%) of the aggregate total revenues, as stated in Section 103-33.6, for Education purposes and against which said transfer is made. PASSED AND APPROVED this 19th day of May, 2020.
__________________________________________ Chairman, Board of Trustees LEWIS AND CLARK COMMUNITY COLLEGE
Secretary, Board of Trustees LEWIS AND CLARK COMMUNITY COLLEGE
Page 229 RESOLUTION 20-10
WORKING CASH TRANSFER, OPERATIONS AND MAINTENANCE FUND
WHEREAS, there are not sufficient funds in the Operations and Maintenance Fund of Community College District No. 536, Counties of Madison, Macoupin, Jersey, Calhoun, Greene, Morgan, Scott, and State of Illinois to meet and defray the immediate contractual obligations of said Community College District; and, WHEREAS, the said Community College District has levied a tax for Operations and Maintenance purposes for the fiscal year 2020, upon all of the taxable property within said district; and, WHEREAS, the said Community College District is authorized by Section 103-33.5 and 103-33.6 of the Illinois Revised Statutes, to transfer from the Working Cash Fund in anticipation of the collection of such taxes so levied and the aggregate total revenues. NOW THEREFORE, BE IT RESOLVED by the Board of Trustees of Community College District No. 536 Counties of Madison, Macoupin, Jersey, Calhoun, Greene, Morgan, Scott and State of Illinois, as follows: Section 1. That in order to provide a fund to meet and defray the immediate and necessary contractual obligations of this Community College District, working cash transfer be made against the revenues for Operations and Maintenance purposes heretofore budgeted and not yet collected in the aggregate sum of Four Million Dollars ($4,000,000), which said sum does not exceed ninety percent (90%) of the aggregate total revenues, as stated in Section 103-33.6, for Operations and Maintenance purposes and against which said transfer is made. PASSED AND APPROVED this 19th day of May, 2020.
Chairman, Board of Trustees LEWIS AND CLARK COMMUNITY COLLEGE
LCCC BOARD AGENDA FOR ALL DISCUSSION AND ACTION ITEMS May 19, 2020
Page 230
Action Item CARES Act Funding Distribution Plan for L&C Students Background The Federal Government has awarded Lewis and Clark Community College just over $1 million in funds that must be provided directly to students whose education was impacted by the COVID 19 pandemic this spring. According to the Department of Education (DOE), students receiving funds must meet the following eligibility requirements: 1. Students must have completed a FAFSA. 2. Students must have earned a GED or HS diploma. 3. Students must have been enrolled in at least one face-to-face course. 4. Student must have a SSN on file with the institution. 5. Male students between 18-25 must have registered for the Selective Service. 6. Student must be a U.S. citizen. 7. Student must be in good standing with the Department of Education. 8. Student must meet normal financial aid requirements as stated by the DOE. Upon review, the college realized more than 700 students did not complete a FAFSA for the spring semester, so we are reaching out to all students to encourage them to work with our Financial Aid department to complete all eligibility requirements by May 10. Implications As a requirement of receiving these funds, the college must create a plan to distribute the funds to all eligible students and share that plan with the Department of Education within 30 days of certification. A team at the college including the Interim President, Assistant Interim President, Chief Financial Officer, and the Director of Financial Aid are working to determine the total number of eligible students. Once that final number of eligible students is known, the college’s plan is to distribute a set amount to all students based on their full time or part time status. Fulltime students will receive an amount equal to 2/3 and part-time students will receive an amount equal to 1/3. Our goal is to distribute every dollar to students who were impacted and who meet the requirements established by the Department of Education. Although not all Lewis and Clark students will be eligible for the CARES Act funding, our Foundation and College staff are working toward raising funds that will assist those who might not meet the DOE’s eligibility requirements, but may also be demonstrating need during this time. Recommendation The Board authorize the interim president and the CFO to distribute the CARES Act funding to Lewis and Clark students as proposed.
Page 231 LCCC BOARD AGENDA FOR ALL DISCUSSION AND ACTION ITEMS May 19, 2020 Action Item Employee Group Insurance Plans Background The renewal date for the College’s employee group health, dental, and vision insurance is July 1, 2020. The College solicited quotes from numerous carriers in an effort to provide maximum insurance coverage at a minimum cost. The college will again be offering multiple health plan options this year through the utilization of a PPO and HSA plan. Upon approval from the Board, the college’s HR department will schedule virtual information sessions to communicate plan offerings to all employee groups. The goal again this year is to provide employees proper time to review all available plan offerings before selecting and enrolling in their desired plan for the upcoming plan year. Implications Each year the college’s goal is to offer employee insurance plans that provide the highest level of coverage at a price that is affordable to our employees and sustainable for the College. A committee including HR, Administration, the Faculty Association and Finance worked together again this year with our insurance broker, USI to solicit the market and negotiate the best rates. The College continues to experience higher health claims ratios over the past few years due to the rising number of large claims as well as high utilization of the plan. The initial estimated claims cost to renew the current self-insured health insurance plan represented a 16.5% increase over the current year. Multiple carriers, beyond the current carrier (Cigna), were marketed for administration of plan benefits and stop loss insurance should the College have chosen to continue on a self-insured basis. None showed significant benefit over the current carrier. During the marketing process, USI was able to secure a fully-insured quote from Blue Cross Blue Shield (BCBS) of Illinois which represented a significant costs savings over all other plans quoted. Converting to the BCBS plan represents an 18.7% costs savings (estimated $767,000) for the College when compared to the College’s current costs for health insurance. With the BCBS plan, the college will continue to offer a PPO and an HSA offering with minimal changes to the current plan. With the cost savings incurred, the College is able to reduce the total cost of premiums borne by employees by 10% under last year’s rates (Employee Only, Employee +1, and Employee + Family). The College will aim to utilize remaining savings associated with converting to the BCBS fully-insured plan conservatively with the expectation that renewal costs next year could be significant.
Page 232 More detailed information on both plans will be provided during multiple open enrollment sessions to explain these two plan options and provide employees with the information they will need to make informed decisions about their healthcare plans. There are no changes in this year’s dental rates, though a change in carrier to Sun Life is recommended. The College’s dental plan has historically performed well and under expected claims on a self-funded basis. The decision to move from Cigna to Sun Life is the result of a marketing that showed a small decrease in overall administration costs and an expanded network. With the renewal, dental rates will remain flat with the current year. Vision insurance, provided through VSP, will enter the second year of a two-year rate guarantee effective July 1, 2020. Vision insurance is offered as an employee-paid benefit. The College negotiated a decrease in its employee Life & AD&D rates through and alongside a statewide consortium last year and will continue to enjoy a rate freeze through June 30, 2022. The College will seek to renew its supplemental long-term disability coverage (effective July 1) and present a recommendation to the Board at its June meeting. Notices will be sent out soon to all employees to provide more information on virtual open enrollment sessions and plan choice details. President’s Recommendation The Board authorizes the President to accept the selected employee group insurance plans effective July 1, 2020.
Page 233 LCCC BOARD AGENDA FOR ALL DISCUSSION AND ACTION ITEMS May 19, 2020
Action Item Approval of 51 one-year administrative contracts effective July 1, 2020.
Background Historically, the College has issued annual contracts to the managers and directors of the College. Issuing new one-year contracts to managers and directors creates consistency and stability for the college within its current administrative structure.
Implications There are 51 proposed contracts that will be effective July 1, 2020. The contracts are posted on the website of the college. President’s Recommendation The Board approve the administrative contracts to be effective July 1, 2020 through June 30, 2021 and authorize the Board Chair to execute the contracts for implementation.
Name
Short Title
Banovic, Sheri
Director, Nursing
Bell, Timothy Braasch, Ethan Burns, Elisabeth
Manager, N.O. Nelson Campus Horticulture Manager Assistant Director, Instructional Services Director, Instrucction Curriculum Assistant Director, East St. Louis Community College Assistant. Diretor, Reference Services Director, Academic Operations and Planning Director, Enterprise Application Services Terrestrial Wildlife Ecologist Director, Pathway Resource Dev. MacRoinvertebrate Ecologist Director, Enrollment & Advising Director of Development Learning Assistant Specialist, Nursing Construction Program Manager Manager, Creative Services Director, Environmental Education Manager, Carl Perkins Senior Research Scientist, Terrestrial RiverWatchDirector/Stream Ecologist Catering Manager Director, East St. Louis Community College Assistant Director/Coach Assistant Director, Accounting Services Manager, Media Services
Campbell, Jeffrey Carter, Joseph Cash, Gregory Coles, Jeffrey Copple, Sean Crawford, John Davis, Sabrina Dell, Anthony Dornes, Delfina Edelman, Deborah Egelhoff, Dawna Elledge, Jeremy Fisher, Korin Fisher, Sarah Fleming, Jane Guyon, Lyle Haake, Danelle Harmon, Stacey Herrion, Dobbie Hodge, Ryan Hughes, Donna Inlow, Laura
Page 234 Contract 19-20 Salary Type One-Year $116,593.00 Tenure One-Year $97,976.00 One-Year $44,669.00 One-Year $73,367.00 One-Year One-Year
$61,404.00 $61,800.00
One-Year
$61,220.00
One-Year
$99,710.00
One-Year
$104,419.00
One-Year One-Year One-Year One-Year One-Year One-Year Tenure One-Year One-Year One-Year One-Year One-Year
$104,419.00 $54,891.00 $119,337.00 $66,490.00 $79,431.00 $82,827.00
One-Year
$67,912.00
One-Year One-Year
$47,079.00 $82,400.00
One-Year One-Year
$58,916.00 $72,944.00
One-Year
$50,020.00
$58,980.00 $47,079.00 $51,500.00 $77,980.00 $104,419.00
Page 235 Name
Short Title
Contract Type
19-20 Salary
Keener, Nathaniel Kessler, Catherine Koenig, Donna
Director of Sustainability Assistant Director, Academic Advising Family Nurse Practitioner
One-Year One-Year One-Year
$59,989.00 $44,332.00 $104,824.00
Kratschmer, Edward
Field Station Manager/Special Projects
One-Year
$55,702.00
Krieb, Dennis Lane, Terry
Director, InstitutionalResearch & Library Services Director, Career & Veteran Services
One-Year One-Year
$113,995.00 $93,555.00
Lorsbach, Jill
Director, Student Development & Counseling
One-Year
$55,863.00
McCoy, Cindy McLaughlin, Caitlin
Assistant Director, Accounting Services Assistant Director, Financial Aid
One-Year One-Year
$73,289.00 $41,195.00
McLemore, Yvette
Director, High School Partnership & Community Education
One-Year
$66,147.00
Paulda, Christina Plunkett, Heidi Randall, Michael Reany, William Russell, Christina Schrage, Brian
Director, Capital Projects/Campus Operations Registrar Manager, Facilities Program/Project Manger IGEN Manager, Auxiliary Operations Director, Audio Visual Systems
One-Year One-Year One-Year One-Year One-Year One-Year
$79,427.00 $48,508.00 $95,426.00 $47,711.00 $78,025.00 $91,493.00
Shew, Justin Sloan, John
Agricultural Conservation Program Field Manager Watershed Scientist
One-Year One-Year
$55,799.00 $115,050.00
Stotler, Douglas Wall, Ronald Watson, Mary Lou Weaver, Angela Weaver, Timothy Whitten, Thomas
Director of Athletics/Coach Men's Basketball Manager, Networks & Systems Director, Tech Enhanced Learning Director, Financial Aid Chef Fab Lab Manager
One-Year One-Year One-Year One-Year One-Year One-Year
$94,276.00 $84,706.00 $68,569.00 $90,163.00 $61,964.00 $71,143.00
Willis, Kathy
Director, Workforce Education, Solutions & Safety Training
One-Year
$89,814.00
Page 236
EMPLOYMENT AGREEMENT FOR DEFINITE TERM TO:
DATE: May 19, 2020
The Board of Trustees of Lewis and Clark Community College (hereinafter referred to as the “Board”) hereby offers to employ you for a definite period of time during the 2020-2021 Fiscal Year, subject to the terms and conditions set forth in this Agreement, and you agree to provide services for this term. You will be employed as _________ and your employment by the Board will be for the following definite period of time: July 1, 2020 through June 30, 2021. Your annual salary effective July 1, 2020 shall be established by the Board of Trustees at a later date, but shall be no less than your salary for the 2019-2020 fiscal year. You shall generally be paid in twenty-four (24) equal semimonthly installments. While employed by the Board, you will perform such duties and responsibilities as may be assigned by the Board and you will be subject to reassignment to other positions, consistent with College policies. You agree to faithfully perform and discharge all of your assigned duties and responsibilities to the satisfaction of the Board and to abide by all rules, regulations, policies and procedures of the Board, as the same may be adopted, changed, eliminated or amended by the Board from time to time. This Employment Agreement is subject to termination by the Board during its term if you fail to perform your assigned duties and responsibilities to the satisfaction of the Board, consistent with College policies, or if you fail to abide by the rules, regulations, policies and procedures of the Board. In the event of such a termination, your salary will be paid, pro rata, for work performed up to the date of termination. Furthermore, your position for the 2020-2021 fiscal year and this agreement shall be subject to adequate local, state and federal funding, including grant funding if applicable, and shall be subject to Personnel Policy 503 – Layoff and Recall at all times. You agree that this Employment Agreement supersedes, terminates, revokes and replaces all prior practices, policies and employment agreements, whether written or oral, and that all prior and existing agreements are null and void and no longer in effect and this Agreement constitutes the complete and entire employment agreement between the parties. Upon the expiration of this Agreement, all benefits and obligations hereunder shall be terminated, unless specifically extended by mutual written agreement. There shall be no presumption of a right of subsequent employment or appointment. This Agreement shall terminate on June 30, 2021. It is further understood that this Agreement, when returned with your signature, is a binding contract. Retain the original for your files and return the signed facsimile to the Human Resources Office.* LEWIS AND CLARK COMMUNITY COLLEGE DISTRICT 536 BOARD OF TRUSTEES
____________________________________ Chairman, Board of Trustees Attest: __________________________ Secretary, Board of Trustees I ACCEPT THIS APPOINTMENT, HEREBY VOLUNTARILY AGREE TO THE CONTRACT TERMS SPECIFIED ABOVE .
_______________________________ Signature
______________________________ Date
*The above agreement is void if not returned to the Human Resources Office by 4:30 p.m. on June 24, 2020.
Page 237
EMPLOYMENT AGREEMENT FOR DEFINITE TERM
TO:
DATE: May 19, 2020
The Board of Trustees of Lewis and Clark Community College (hereinafter referred to as the “Board”) hereby offers to employ you for a definite period of time during the 2020-2021 Fiscal Year, subject to the terms and conditions set forth in this Agreement, and you agree to provide services for this term. You will be employed as _________ and your employment by the Board will be for the following definite period of time: July 1, 2020 through June 30, 2021. Your annual salary effective July 1, 2020 shall be established by the Board of Trustees at a later date, but shall be no less than your salary for the 2019-2020 fiscal year. You shall generally be paid in twenty-four (24) equal semimonthly installments. While employed by the Board, you will perform such duties and responsibilities as may be assigned by the Board and you will be subject to reassignment to other positions, consistent with College policies. You agree to faithfully perform and discharge all of your assigned duties and responsibilities to the satisfaction of the Board and to abide by all rules, regulations, policies and procedures of the Board, as the same may be adopted, changed, eliminated or amended by the Board from time to time. This Employment Agreement is subject to termination by the Board during its term if you fail to perform your assigned duties and responsibilities to the satisfaction of the Board, consistent with College policies, or if you fail to abide by the rules, regulations, policies and procedures of the Board. In the event of such a termination, your salary will be paid, pro rata, for work performed up to the date of termination. Furthermore, your position for the 2020-2021 fiscal year and this agreement shall be subject to adequate local, state and federal funding, including grant funding if applicable, and shall be subject to Personnel Policy 503 – Layoff and Recall at all times. The parties agree that for the duration of the Employment Agreement for Definite Term 2020-2021 Fiscal Year, the employee may return to tenured faculty status as __________. You agree that this Employment Agreement supersedes, terminates, revokes and replaces all prior practices, policies and employment agreements, whether written or oral, and that all prior and existing agreements are null and void and no longer in effect and this Agreement constitutes the complete and entire employment agreement between the parties. Upon the expiration of this Agreement, all benefits and obligations hereunder shall be terminated, unless specifically extended by mutual written agreement. There shall be no presumption of a right of subsequent employment or appointment. This Agreement shall terminate on June 30, 2021. It is further understood that this Agreement, when returned with your signature, is a binding contract. Retain the original for your files and return the signed facsimile to the Human Resources Office.* LEWIS AND CLARK COMMUNITY COLLEGE DISTRICT 536 BOARD OF TRUSTEES
________________________________ Chairman, Board of Trustees Attest: __________________________ Secretary, Board of Trustees I ACCEPT THIS APPOINTMENT, HEREBY VOLUNTARILY AGREE TO THE CONTRACT TERMS SPECIFIED ABOVE .
_______________________________ Signature
______________________________ Date
*The above agreement is void if not returned to the Human Resources Office by 4:30 p.m. on June __, 2020.
Page 238 RESOLUTION 20-11 AUTHORIZING REDUCTION IN FORCE AND HONORABLE DISMISSAL OF PART-TIME STAFF WHEREAS, the Board of Trustees, Lewis and Clark Community College District No. 536, Counties of Madison, Macoupin, Jersey, Calhoun, Green, Scott, and Morgan (the “Board”) has decided to decrease the total number of staff employed by the Board through a reduction in force; WHEREAS, Lewis & Clark Community College has made a good faith effort to continue pay for all employees, regardless of employee classification or status and regardless of employees’ ability to complete work remotely, since the campus closed in late March, 2021; WHEREAS, due to the ongoing financial crisis caused by the COVID-19 pandemic and the uncertainty of continued State, local and federal funding, it has become necessary and imperative that the Board reduce the total number of staff employed by the Board in order to preserve its limited resources and to maintain the core mission of the College; WHEREAS, the Board will also be taking additional substantial cost cutting measures beyond employee reductions in order to address the impact of COVID-19 and the resultant financial crisis; WHEREAS, Board Policy 503 – Layoff and Recall – sets-forth the procedures for conducting a reduction in force of non-bargaining unit employees; and WHEREAS, the Board has decided that the staff hereinafter set forth shall be honorably dismissed as a result of the fact that these employees noted below are unable to complete the responsibilities of their positions in a remote work environment and consequently of the decision by the Board to decrease the total number of staff members employed by the Board through a reduction in force.
Page 239 NOW, THEREFORE, Be it Resolved by the Board of Trustees, Lewis and Clark Community Community College District No. 536, as follows: Section 1:
That based on the recommendation by the Administration, the part-time
non-bargaining unit staff listed below shall be honorably dismissed effective June 1, 2020 for the reasons stated above. Employee Name Allen, Alexis K Baalman, Kadiah Baker, Aliyha G Bornes, Katie Buttry, Jan M Busler, Nicole E Cheatham, Trina C Conlee, Kathryn M Conlee, MacKenzie N Conlee, MacKenzie N Day, Shailey M Dettmers, Lilian S Evans, Melinda Golike, Marci L Harris, Steven M Harris, Maredith J Herman, Matthew R Herman, Matthew R House, Elizabeth P Hyten, William K Hyten, William K Jefferson, Kelly B Kane, Chloe A Kellum, Desiree J King, Jenny R Kuntzman, Skyler Liles, Alexis L Liles, Alexis L Linenfelser, Charles A
Position Catering Assistant Swim Instructor Catering Assistant Educational Aide Food Service Assistant Tutor Dental Clinic Asst Swim Instructor Swim Instructor Stud Act Lifeguard Catering Assistant Catering Assistant Swim Instructor Swim Instructor Campus Events Facilitator Swim Instructor Campus Ev Lifeguard Stud Act Lifeguard Catering Assistant CECK Lifeguard Stud Act Lifeguard Bartender CECK Lifeguard Catering Assistant Catering Assistant Lifeguard CECK Lifeguard Stud Act Lifeguard Bartender
Page 240
Long, Emma Lowe, Nicole H Lucas, Michaela M Lucas, Michaela M Lucas, Michaela M Lucas, Michaela M McBride, Claire M McCarveey, Lakenya Mitchell, William S Monroe, Ralph J Nance, Rochelle L Paslay, Traci A Rezex, Aristides R Ruyle, Lora G Ruyle, Lora G Schmittling-Nolan, Marlene C Simon, Katherine E Smith, Alyssa M Smith, I'Esha Stahling, Courtney L Stevenson, Kelvin H Stevenson, Kelvin H Stobbs, Grace C Studnicki, Joshua E Studnicki, Joshua E Studnicki, Joshua E Tharp, Donna B Theisen-Liparoto, Jennifer Underwood, Jessica A Wagner, Diamond L Walker, Anita O Walsh-Sickmeier, Courtney M Webb, Dorian M Welch, Victoria M Winchester, Kelly A
CECK Lifeguard Campus Ev Lifeguard CECK Lifeguard Swim Instructor Campus Ev Lifeguard Stud Act Lifeguard Swim Instructor Campus Events Facilitator Catering Assistant Accompanist Catering Assistant Watershed Lab Asst Post Office Asst Swim Instructor Stud Act Lifeguard Chem Lab Asst Stud Act Lifeguard Swim Instructor Catering Assistant Catering Assistant Catering Assistant Food Service Assistant Swim Instructor CECK Lifeguard Campus Ev Lifeguard Stud Act Lifeguard Swim Instructor Campus Events Facilitator Catering Assistant Catering Assistant Food Service Assistant Campus Events Facilitator Biol Lab Asst Catering Assistant Bartender
Section 2: That the College’s administration is authorized and directed to notify the staff subject to the reduction in force, they are being honorably dismissed at least five (5) calendar
Page 241
days prior to the effective date of such honorable dismissal in accordance with Board Policy 503, and that said notice shall be in conformance with Exhibit A attached hereto. Section 3:
That this Resolution shall be in full force and effect forthwith upon its
passage. ADOPTED this 19th day of May, 2020 by the following vote: AYES:
NAYS:
ABSENT:
_____________________________________ Chairperson, Board of Trustees
ATTEST:
____________________________________ Secretary, Board of Trustees
Page 242 EXHIBIT A NOTICE OF REDUCTION IN FORCE AND HONORABLE DISMISSAL OF PART-TIME STAFF Certified Mail, Return Receipt Requested
[Date] [Insert Staff Member Name] [Insert Last Known Address] Dear [Staff Member Name]: The Board of Trustees, Lewis and Clark Community College District No. 536 (the “Board”) has voted to decrease the total number of staff employed by the Board through a reduction in force and honorable dismissal. The ongoing financial crisis caused by the COVID-19 pandemic and the uncertainty of continued State, local and federal funding have made it imperative that the Board reduce the total number of staff in order to preserve its resources and to maintain the core mission of the College. While the Board is considering additional cost cutting measures beyond employee reductions in order to address the impact of the COVID-19 crisis, you are hereby notified that the Board has decided that your services to the College shall terminate on June 1, 2020. Per Board Policy 503, your layoff may be permanent or until further notice of recall to employment. If you have any questions regarding this Notice of Reduction in Force and Honorable Dismissal, please contact Gabe Springer, HR Director at (618) 468-3700. Respectfully, BOARD OF TRUSTEES,LEWIS AND CLARK COMMUNITY COLLEGE DISTRICT NO. 536
BY: _________________________________ President ATTEST:
BY: __________________________________ Secretary