HomeMy WebLinkAboutC-7077-1 - City of Newport Beach Community Program Agreement for Recreational & Enrichment Classes/Programsr.
CITY OF NEWPORT BEACH COMMUNITY PROGRAM AGREEMENT FOR
r RECREATIONAL & ENRICHMENT CLASSES/PROGRAMS OFFERED BY
1 IRVINE VALLEY COLLEGE AND THE CITY OF NEWPORT BEACH
This Community Program Agreement ("Agreement") is made and entered into as
of this 15r day of September, 2015 ("Effective Date") by and between the City of
Newport Beach, a California municipal corporation and charter city ("City"), and South
Orange County Community District, Board of Trustees for the Irvine Valley Campus
("School") to provide classes or programs in recreation & enrichment for adults age fifty
(50) years and older at the Newport Coast Community Center ("NCCC") located at 6401
San Joaquin Hills Rd., Newport Coast, CA 92657, hereby agreed upon, as scheduled
and described in the Irvine Valley College Emeritus Institute and Extended Education
quarterly brochure ("Brochure"), which is incorporated herein by this reference, and as
approved in writing by City.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 24, 2016, unless terminated earlier as provided herein.
2. CONSIDERATION
City shall provide a facility site for classes and programs offered by School at
NBCC; School shall facilitate the collection of all registrations and material fees.
3. DUTIES OF CITY
3.1 Publicity. City shall provide an area in the NCCC lobby, on the brochure
rack, to display School's Brochure. City shall have the sole discretion to decide what
information will be included in the School's Brochure about the classes offered.
3.2 Room Setup. City shall provide classroom setup and takedown for
School. School will provide a room set-up diagram to City three (3) business days
before the class starts.
3.3 Class Facility. City shall provide a location for the class without charging
School any rental fees, unless otherwise agreed by the parties. School will request
dates and times for the classes and City will inform School if the facility is available. It
is School's sole responsibility to request these dates/times; City will not schedule
School's classes without receiving date/time requests from School. City facilities shall
only be used for classes authorized by the City under this Agreement.
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4. SCHOOL DUTIES
4.1 Registration. School shall register all participants. School shall only
collect materials fees and class fees and published in advance in the School's
Brochure. Such materials fees should be collected by School on or before the first class
meeting.
4.2 School. School hereby certifies that it, or any subcontractor,
representative and/or employee (collectively "Representative" or "Representatives") who
will be teaching the class or assisting in teaching the class are qualified to do so, and
qualified to perform the services above and in the Program outline submitted to City.
School is responsible for all class curriculum development. School is responsible for
training, supervising, evaluating, scheduling, and any other requirements by law for all
Representatives. School warrants that it will continuously furnish the necessary
personnel to provide the Program or classes as contemplated by this Agreement.
4.3 Representatives. School shall provide City with the names(s),
address(es) and phone numbers) of all Representatives who will be providing any
services pursuant to this Agreement. All Representatives must comply with the
Fingerprint and Criminal Background Check policy in this Agreement. All
Representatives must be able to provide proof of legal right to work in the United States.
4.4 Subcontracting. School shall not subcontract or assign any portion of the
rights, obligations or duties required under this Agreement, without first obtaining prior
written approval from City. Subcontracts, if any, shall contain a provision making them
subject to all provisions of this Agreement.
4.5 Supplies/Equipment. School shall be responsible for providing all
supplies, equipment, personnel, materials, and any additional publicity desired for the
class, at School's sole expense, unless otherwise agreed to in writing by City. School
shall also be responsible for repairing and maintaining all equipment and supplies in
good working condition.
4.6 Anti -Discrimination Laws. School agrees and certifies that no person
shall, on the grounds of race, religious creed, color, national origin, ancestry, age,
physical disability, mental disability, medical condition, including the medical condition
of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto,
marital status, sex, sexual orientation or any other impermissible bias under the law, be
excluded from participation in, or be denied the benefits of the services provided
pursuant to this Agreement except as otherwise permitted by law. School shall, where
applicable, conform to the requirements of the Americans with Disabilities Act in the
performance of this Agreement.
4.7 Class Size. School shall determine the minimum and maximum number
of participants required for each class in cooperation with City staff to ensure the quality
and safety of the class participants. School or School's authorized representative is
required to attend the first class meeting of all class offerings advertised in the School's
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Brochure unless School cancels the class at least three (3) City business days prior to
the first class date, with the prior written approval of City. In the event of such approved
cancellation, School shall be responsible for informing all registered participants. In the
event that the minimum number of participants is not met by the first class meeting, the
class will be cancelled and the School shall not be compensated for attending the first
meeting or for any cancelled class. School shall not be obligated to provide any
additional services in regards to the cancelled class.
If class(es) are cancelled for two (2) consecutive quarters due to lack of
enrollment, the class will not be scheduled again until City determines that public
demand has increased to a level where the class may be offered.
4.8 Absences. School shall obtain permission from City one (1) week prior to
any planned absence from the class. In the event of illness, School is required to notify
City and participants at least twelve (12) hours prior to any class cancellation.
4.8.1 City urges School to get a substitute Representative whenever
possible instead of canceling classes. School shall obtain City's prior written approval
of any substitute Representative. Any substitute Representative must have completed
fingerprinting and a criminal background check pursuant to this Agreement prior to
teaching any Programs or classes.
4.9 Contact Information. School is required to notify City in writing of any
name, address, telephone number, email and/or website changes within forty-eight (48)
hours of such change.
4.10 Other Requirements. School shall:
4.10.1 Cooperate fully with all reasonable requests from City staff;
4.10.2 Maintain the highest degree of participant safety possible;
4.10.3 Injuries or Damages. Immediately report to City's staff by
phone or email any injuries as a result of class participation, damages to the classroom
or Program facility that could cause potential injury to a class participant, and/or other
needed maintenance repairs;
of class time;
4.10.4 Clear all participants from the designated class area at the end
4.10.5 Schedule make-up classes in advance through City;
4.10.6 Know facility rules and regulations and provide pertinent
information to participants; and
4.10.7 Abide by all City policies and procedures.
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5. PROJECT ADMINISTRATOR
This Agreement will be administered by the Recreation & Senior Services
Department. The Newport Coast Community Center Recreation Supervisor shall be the
Project Administrator and shall have the authority to act for City under this Agreement.
The Project Administrator shall represent City in all matters pertaining to the Services to
be rendered pursuant to this Agreement.
6. NOTICES
Unless otherwise indicated, all notices, demands, requests or approvals,
including change of address notices, to be given under the terms of this Agreement
shall be given in writing, and conclusively shall be deemed served when delivered
personally, or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first-class mail, addressed as hereinafter provided.
6.1 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attn.: Recreation Supervisor
Recreation & Senior Services Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92660
6.2 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at the contact information provided on the signature page to
this Agreement.
7. INDEPENDENT CONTRACTOR
The parties intend and agree that at all times during the performance of services
under this Agreement; School and School's agents, employees and Representatives
shall act as an Independent Contractor and shall not be considered an agent or
employee of City. As such, School shall have the sole legal responsibility to remit all
federal and state income and social security taxes and to provide for his/her own
workers compensation and unemployment insurance and that of his/her employees or
representative. School also agrees to provide liability insurance as required by City and
described more fully below. City shall not be liable for any payment or compensation in
any form to School other than as provided herein. City reserves the right to employ
other independent contractors and Schools who teach the same or similar classes.
8. COMPLIANCE WITH ALL LAWS
School, and their employees, agents and representatives shall at all times
observe and comply with all laws, ordinances and regulations.
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9. FINGERPRINTS AND CRIMINAL BACKGROUND
The School certifies that all representatives, agents and/or employees of the
School submitted to and passed a criminal background investigation and provided a
complete set of fingerprints on file with the Department of Justice. School further
certifies that representatives, agents and/or employees shall provide to City a copy to
confirm this requirement has been met. School shall not permit any representative,
agent and/or employee to participate in a class if this requirement has not been met.
At any time during the term of this Agreement, if any representative, agent
and/or employee is arrested for, or convicted of, a felony crime, the School must report
this to the City within one (1) business day of receiving such information. School must
immediately remove said representative, agent and/or employee from any class.
10. CONFIDENTIALITY; OWNERSHIP OF DOCUMENTS
All class rosters, participant addresses and contact information, and any other
such information or documents compiled by City and provided to School, shall remain
the property of City. School shall not release such information to others without the
prior written authorization by City. School shall not use such information for any other
purpose than that authorized by City. All class rosters, class participant addresses and
contact information shall be used by School solely for administration of classes and
performing City business. School shall take reasonable steps consistent with the law to
prevent distribution of such information. School's obligations under this Section shall
survive the termination of this Agreement.
The rosters may not be used to market or advertise for the School's program
offerings that are jointly between City and School.
11. USE OF NAMES AND LOGOS; ADVERTISING, PRESS RELEASES AND
PUBLICITY
School and School's agents, employees and Representatives shall not include
City's name, seal, logos or insignia, or photographs of the class site or participants, in
any publicity pertaining to School's services or class in any magazine, trade paper,
newspaper, radio or television production, Internet, or other printed or electronic
medium without the prior written consent of City and participants.
12. INDEMNIFICATION
General. School shall defend, indemnify, and hold harmless City, its elected and
appointed officers, employees, agents, representatives, the City Council, boards and
commissions ("Indemnified Parties") with respect to any loss, liability, injury or damage
that arises out of, or is in any way related to, the acts or omissions of the School, its
employees, representatives, officers and agents in the course of performing services
under this Agreement; however, School shall not be required to indemnify City from any
claim arising from the sole negligence or willful misconduct of the Indemnified Parties.
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Intellectual Property. School shall defend, indemnify, and hold harmless the
Indemnified Parties from any claim of infringement or other proceedings brought
against City for any intentional or unintentional violation by the School, its employees,
representatives, officers and agents of the legally protected rights of any third parties,
with respect to works performed, logos displayed, or written or digital materials provided
by School and used during the performance of this Agreement. Such legally protected
rights of third parties include but are not limited to trade secrets, moral rights,
proprietary acts, U.S. patents, trademarks, service marks and copyrights vested or
issued as of the Effective Date of this Agreement. If School will be providing a public
performance of musical compositions or arrangements that are subject to a license held
by a third party, it is the responsibility of School to obtain the appropriate license to
perform the material prior to the public performance.
13. TERMINATION
City or School has the right, at its sole discretion and with or without cause, to
terminate this Agreement at any time by giving thirty (30) calendar days' prior written
notice the other party.
14. STANDARD PROVISONS
14.1 Compliance with all Laws. School shall, at its own cost and expense,
comply with all statutes, lordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or
hereinafter enacted.
14.2 Waiver. A waiver by City or School of any term, covenant, or condition in
the Agreement shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition.
14.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and Agreements of whatsoever kind or nature are merged
herein. No verbal contract or implied covenant shall be held to vary the provisions
herein.
14.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Exhibits attached hereto, the terms of
this Agreement shall govern.
14.5 Amendments. This Agreement may be modified or amended only by a
written document executed by both School and City and approved as to form by the
City Attorney.
14.6 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
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this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
14.7 Equal Opportunity Employment. School represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
14.8 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
14.9 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
14.10 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
14.11 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: A
By:
Aaron C. Harp >k \�
City Attorney
ATTEST:
By: V4V/VVnM - L-VUFVIl----
Leilani Brown
City Clerk
SCHOOL: IRVINE VALLEY COLLEGE
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: '4 •21 -7 olkc
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LI
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PoRrA%'--
Dean of Online &
Extended Education
Signat re ate Print Name TITLE
Dr. Debra L. Fitzsimons Vice Chancellor,
Vice Chancellor Business SerVH*& Business Services
ckva /A'Y� 4 ,
i ature TV 11 Print Name TITLE
[END OF SIGNATURES]
Attachments: Exhibit A - Minutes from the Board of Trustees Meeting
Exhibit B - Ratification Memo
Exhibit C - Insurance Requirements
'.o, r :or
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EXHIBIT A
MINUTES FROM THE BOARD OF TRUSTEES MEETING
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SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT
RONALD REAGAN BOARD OF TRUSTEES ROOM - RM 145
HEALTH SCIENCESIDISTRICT OFFICES BLDG., SADDLEBACK COLLEGE
MINUTES OF THE BOARD OF TRUSTEES' MEETING
August 24, 2015
PRESENT
Members of the Board of Trustees:
T.J. Prendergast, III, President
James R. Wright, Clerk
Barbara J. Jay, Member
David B. Lang, Member
Marcia Milchiker, Member
Terri Whitt, Member
Lemar Momand, Student Member
Administrative Officers:
Gary Poertner, Chancellor
David Bugay, Vice Chancellor, Human Resources
Tod Burnett, President Saddleback College
Robert Bramucci, Vice Chancellor, Technology and Learning Services
Debra Fitzsimons, Vice Chancellor, Business Services
Glenn Roquemore; President Irvine Valley College
ABSENT
Timothy Jemal, Vice President
CALL TO ORDER: 5:00 P.M.
1.0 PROCEDURAL MATTERS
1.1 Call to Order
1.2 Swearing In: Board Member Terri Whitt
1.3 Public Comments
Members of the public may address the Board on items listed to be
discussed in closed session. If you wish to address the board on a closed
session item, please complete a yellow form entitled, "Request to Speak'
and submit it to the board's Executive Assistant. These forms are available
outside the board room. Speakers are limited to two minutes each.
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RECESS TO CLOSED SESSION FOR DISCUSSION OF THE FOLLOWING:
1.3 Student Discipline (EC 72122) (1 matter)
1.4 Public Employee Appointment, Employment, Evaluation of Performance,
Discipline, Dismissal, Release (GC Section 54957(b).)
A. Public Employee Discipline, Dismissal, Release (GC Section 54957(b).)
(1 matter)
1.5 Conference with Labor Negotiators (GC Section 54957.6)
A. SOCCCD Faculty Association
Agency Designated Negotiator. David P. Bugay, Ph.D.
B. California School Employees Association (CSEA)
Agency Designated Negotiator: David P. Bugay, Ph.D.
C. Police Officers Association (POA)
Agency Designated Negotiator. David P. Bugay, Ph.D.
1.6 Conference with Real Property Negotiators (GC Section 54956.8)
(2 matters)
A. Price and terms of payment for the purchase of Property by District.•
Portion of Saddleback College gross acre land parcel at the southeast
comer of Marguerite Parkway and College Drive (the "Parcel").
Regarding Price and terms of payment for the purchase of Property by
District.
Agency Designated Negotiator. Debra Fitzsimons, Ph. D.
1.7 Conference with Legal Counsel (GC Section 54956.9) (3 cases)
A. Pending Litigation (GC Section 54956.9(d)(1)) (1 case)
Successor Agency to the Tustin Community Redevelopment Agency
etc., et. al. v. Michael Cohen, an individual sued as the Director of
Finance of the State of California, etc. et. al.; and real party in interest,
the South Orange County Community College District etc. et. al. (GC
Section 54956.9(d)(1)
B. Anticipated Litigation (GC Section 54956.9(d)(2) and (e)(1).) (2 cases)
RECONVENE OPEN SESSION: 6:30 P.M.
2.0 PROCEDURAL MATTERS
2.1 Actions Taken in Closed Session
2.2 Invocation
Trustee Jim Wright led the invocation in Trustee Jemal's absence.
2.3 Pledge of Allegiance
Led by Trustee David Lang
2.4 Recognitions: Speakers are limited to two minutes each.
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A. Resolutions:
1. None
B. Commendations:
1. None
2.5 Public Comments
Members of the public may address the Board on any item on the agenda
at this time or during consideration of the item. Items not on the agenda
that are within the subject matter jurisdiction of the Board may also be
addressed at this time. If you wish to address the board, please complete a
yellow form entitled, Request to Speak" and submit it to the board's
Executive Assistant. These forms are available outside the board room.
Speakers are limited to up to two minutes each.
Three public comments regarding faculty negotiations and one public
comment reminding public about a special event at IVC.
3.0 REPORTS
3.1 Oral Reports: Speakers are limited to up to two minutes each.
A. Board Reports
B. Chancellor's Report
C. College Presidents' Reports (Written Reports included in Section 8.0)
D. Associated Student Government Reports
E. Board Request(s) for Reports
4.0 DISCUSSION ITEMS
4.1 None
5.0 CONSENT CALENDAR ITEMS
All matters on the consent calendar are routine items and are to be
approved in one motion unless a Board member requests separate action
on a specific item, and states the compelling reason for separate action.
Trustee Wright requested to pull items 5.7, 5.10 and 5.12.
On a motion by Trustee Lang and seconded by Trustee Wright, the
balance of the consent calendar was approved on a 6-0 vote with Trustee
Jemal absent.
5.1 SOCCCD: Board of Trustees Meeting Minutes
Approve minutes of a Regular Meeting held on July 20, 2015.
5.2 Saddleback College: New and Revised Programs for the 2015-16
Academic Year
3
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Approve the new and revised programs.
5.3 Saddleback College: Oxford Semester Abroad in Oxford, England —
Spring Semester 2016, Agreement with American Institute of Foreign
Study
Approve the Spring 2016 Saddleback College study abroad program: Oxford
Semester Abroad in Oxford, England, and authorizes execution of the
Educational Tour/Field Study Travel Contractor Agreement with the American
Institute for Foreign Study for coordinating all travel agreements.
5.4 SOCCCD: Saddleback College, Irvine Valley College and Advanced
Technology and Education Park, Extension of Charter Bussing Services
Agreement, Amendment No. 1, Pacific Coachways Charter Services, Inc.
Approve Amendment No. 1 with Pacific Coachways Charter Services, Inc. for
the first of two one-year extensions, beginning August 25, 2015 and ending
June 30, 2016, and approve a 4% increase in annual fees.
5.5 SOCCCD: Saddleback College Fine Arts HVAC Upgrades and Interior
Renovation Project, Commissioning Services Agreement, Amendment
No. 1, Facility Dynamics Engineering
Approve Amendment No. 1 with Facility Dynamics Engineering to extend the
term of service by 6 months with a new duration of 28 months, for
commissioning services for the Saddleback College Fine Arts HVAC Upgrades
and Interior Renovation project, for no additional fees and a contract total
remaining at $70,624.
5.6 Irvine Valley College: Model United Nations, Student Out -of -State
Conference Travel, Washington, DC from October 29, 2015 — November
1, 2015
Approve the IVC Model United Nations program for student out-of-state
conference travel to the National Model United Nations — Washington, DC
Conference from October 29 to November 1, 2015.
5.7 SOCCCD: Irvine Valley College A400 Design -Build (Liberal Arts Building)
Project, DSA Inspection Services Agreement, Amendment No. 1, TYR,
Inc.
Approve Amendment No. with TYR, Inc., for additional DSA Inspection
services, for the Irvine Valley College A400 Design -build (Liberal Arts Building)
project, in the amount of $60,000, for a revised total contract amount of
$243,000 and a new completion date of December 31, 2015.
On a motion made by Trustee Lang and seconded by Trustee Wright, this item
was approved on a 6-0 vote.
5.8 Irvine Valley College: Community Education Programs, Fail 2015 Addition
Approve the Community Education courses, presenters and compensation for Fall
2015.
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5.9 Irvine Valley College: 2016 International Debate Tour, People's Republic
of China (PRC) from May 25 — June 11, 2016
Approve the 2016 International Debate Tour to the People's Republic of China
from May 25 to June 11, 2016 at a total estimated maximum budget not to
exceed $81,324.00 with $16,600.00 from the general fund.
5.10 SOCCCD: ATEP IVC First Building Project, Commissioning Services
Agreement, 3QC, Inc.
Approve the commissioning services agreement with 3QC, Inc. for the ATEP
IVC First Building project for a not to exceed amount of $116,600.
On a motion made by Trustee Lang and seconded by Trustee Milchiker, this
item was approved on a 6-0 vote.
5.11 Saddleback College and Irvine Valley College: Speakers
Approve general fund honoraria for speakers for events and/or classes at
Saddleback College and Irvine Valley College.
5.12 SOCCCD: Trustees' Requests for Attending Conferences
Approve/Rattfy Trustees' requests for attending conferenoe(s)
On a motion made by Trustee Lang and seconded by Trustee Whitt, this item
was approved on a 5-0 vote with Trustee Wright abstaining.
5.13 SOCCCD: Prequalification Questionnaire for the Design -Bid -Build
Delivery Method and the Design -Bid Delivery Method for Capital
Improvement Projects
Approve the Prequalification Questionnaire for the design -bid -build
delivery method and the design -build delivery method as the basis for
developing Prequalification Questionnaires and delegates the authority
to the Vice Chancellor of Business Services or designee to make
project specific changes.
5.14 SOCCCD: DistricVwide Workday Implementation Training Space,
Chawanakee Unified School District (CUSD) Cooperative Purchase
Agreement, Class Leasing, Inc.
Approve the use of Class Leasing, Inc., Bid No. 2011-01, for the
lease/purchase of relocatable buildings. This approval applies to use within the
term of the contract and is contingent upon verification of the availability of
funds for each purchase. Total cost for this use will not exceed $275,000.
5.15 SOCCCD: District -wide Air Blown Fiber, Board Change Order No.
4, T and D Communications, Inc.
Approve Board Change Order No. 4 for the District -wide Air Blown Fiber
project and authorize staff to execute the corresponding change order
with the contractor resulting in a $7,933 increase in the total project cost
and add an additional 120 days to the project schedule, for a revised
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contract completion date of October 28, 2015 and a revised contract
amount of $709,159.
5.16 SOCCCD: Budget Amendment: Adopt Resolution No. 15-36 to Amend
FY 2014-2015 Adopted Budget
Adopt Resolution No. 15-36 to amend the FY 2014-2015 Adopted Budget.
5.17 SOCCCD: Contract for Quality Assurance Services, eNamix
Approve the agreement with eNamix, for an amount not to exceed $171,360,
for the term of September 1, 2015 to August 31, 2016.
5.18 SOCCCD: Contract for Software Development, Neudesic LLC
Approve the work order with Neudesic LLC for an amount not to exceed
$267,000 for the term of September 1, 2015 through December 30, 2015.
5.19 SOCCCD: Contract for Project Management and Database Design
Services, Nimble Consulting
Approve the agreement with Nimble Consulting for an amount not to exceed
$270,144.
5.20 SOCCCD: Contract for Software Development Services, Redisq
Technologies
Approve the agreement with Redisq Technologies for a total amount not to
exceed $124,992.
5.21 SOCCCD: Contract for Software Development Services, Synergy
Software Solutions
Approve the agreement with Synergy Software Solutions for a total amount not
to exceed $211,680.
5.22 SOCCCD: Contract for BPA Facilitation Services, Strata Information
Group
Approve the agreement with Strata Information Group for an amount not to
exceed $146,800.
5.23 SOCCCD: Purchase Orders and Checks
Ratify the purchase orders and checks as listed.
5.24 SOCCCD: Transfer of Budget Appropriations
Ratify the Transfer of Budget Appropriations.
5.25 SOCCCD: Gifts to the District and Foundations
Accept donations.
5.26 SOCCCD: July 2015 Contracts
Ratify contracts as listed.
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6.0 GENERAL ACTION ITEMS
6.1 SOCCCD: Adopted Budget for Fiscal Year 2015-2016
Approve the FY 2015-2016 Adopted Budget.
A correction to the narrative on page 5 of the PowerPoint presentation was
noted.
On a motion made by Trustee Lang and seconded by Trustee Milchiker,
this item was approved on a 6-0 vote.
6.2 Saddleback College and Irvine Valley College: FY 2015-2016 Adopted
Student Government Budgets
Approve the FY 2015-2016 adopted student government budgets.
On a motion made by Trustee Milchiker and seconded by Trustee Wright,
this item was approved on a 6-0 vote.
6.3 SOCCCD: Saddleback College Technology and Applied Science Swing
Space, Enter into Agreement with San Diego Gas and Electric
(SDG&E) for Easement on Lower Campus Drive, Public Hearing
Open a public hearing.
A Public Hearing was held to allow the District to enter into a contract with
SDG&E for easement on lower campus drive pursuant to the requirements
of California Government Code 4217.
6.4 SOCCCD: Saddleback College Advanced Technology and Applied
Science (ATAS) Swing Space, Adopt Resolution 15-35 and Enter into
Agreement for Easement on Lower Campus Drive, San Diego Gas and
Electric (SDG&E)
Adopt Resolution No. 15-35 to authorize entering into an agreement with
San Diego Gas and Electric to dedicate an easement on Saddleback
College property for utility purposes.
On a motion made by Trustee Milchiker and seconded by Trustee Wright,
this item was approved on a 6-0 vote.
6.5 SOCCCD: Board Policy Revision: BP -4011.1 Full-time Faculty Hiring,
AR -4011.1 Recruitment: Full-time Faculty, BP -4309 Duties and
Responsibilities of the Faculty
Accept for review and study.
On a motion made by Trustee Lang and seconded by Trustee Wright, this
Rem was approved on a 6-0 vote.
6.6 SOCCCD: Academic Personnel Actions — Regular Items
Approve New Personnel Appointments, Additional Compensation: General
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Fund, Additional Compensation: Categorical/Non-General Fund,
Resignation/Retirement/Conclusion of Employment.
Correction to Exhibit A, D.1, page 12 — from 18 to 15 banked LHE.
On a motion made by Trustee Milchiker and seconded by Trustee Lang,
this item was approved on a 6-0 vote.
6.7 SOCCCD: Classified Personnel Actions — Regular Items
Approve New Personnel Appointments, Authorization to Establish and
Announce a Classified Position, Reclassification, Authorization to Change
Classified Positions, Change of Status, Out of Class Assignments, Out of
Class Assignment End/Return to Permanent Assignment, Leave of Absence,
Resignation/Retirement/Conclusion of Employment, Volunteers.
Correction to Exhibit A, A. 1.b, page 1 — change in location from IVC to SC.
On a motion made by Trustee Lang and seconded by Trustee Milchiker, this
item was approved on a 6-0 vote.
6.8 SOCCCD: Initial Proposal from SOCCCD Police Officer Association
Acceptance of SOCCCD Police Officer Association for review and study,
and set a public hearing on the proposal for the September 2015 Board
meeting.
On a motion made by Trustee Lang and seconded by Trustee Wright, this
item was approved on a 6-0 vote.
7.0 REPORTS
7.1 SOCCCD: Pilot Program BP -4011.3 Hiring Policy for Classified Staff
Information will be presented on exceptions to BP -4011.3 to establish a
pilot program to streamline and expedite the classified staff hiring policy.
7.2 SOCCCD: Basic Aid Report
Report on projected receipts and approved projects.
7.3 SOCCCD: Monthly Financial Status Report
The reports display the adopted budget, revised budget and transactions
through June 30, 2015.
7.4 SOCCCD: Quarterly Financial Status Report
Report as of June 30, 2015 for FY 2014-2015.
7.5 SOCCCD: Quarterly Investment Report
Report for quarter ending on June 30, 2015.
7.6 SOCCCD: Facilities Plan Status Report
91
Page 9 of 9
Status of current construction projects.
7.7 SOCCCD: Retiree (OPER) Trust Fund
Report for the periods ending June and July 2015.
G
W REPORTS FROM ADMINISTRATION AND GOVERNANCE GROUPS
Reports by the following individuals and groups may be written and
submitted through the docket process prior to distribution of the Board
agenda packet. Speakers are limited to two minutes each.
A. Saddleback College Academic Senate
B. Faculty Association
C. Irvine Valley College Academic Senate
D. Vice Chancellor, Technology and Learning Services
E. Vice Chancellor, Human Resources
F. Vice Chancellor, Business Services
G. Irvine Valley College Classified Senate
H. California School Employees Association
I. Saddleback College Classified Senate
J. Police Officers Association
9.0 ADDITIONAL. ITEMS
ADJOURNMENT (or continuation of closed session if required): 9:00 P.M.
Meeting adjourned at 8:06 p.m.
1l
Gary L. Poertner, Secretary
9
EXHIBIT B
RATIFICATION MEMO
Irvine Valley College Page B-1
SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT ITEM: 5.26
DATE: 8/24/15
TO: Board of Trustees
FROM: Gary L. Poertner, Chancellor
RE: SOCCCD: July 2015 Contracts
ACTION: Ratification
BACKGROUND
On January 16, 2007, the board authorized the Chancellor/designee to approve
individual business contracts up to a maximum limit of $100,000, with the following
exceptions: contracts involving bid limits, the Chancellor/designee shall be limited to
less than $15,000 for public works projects and $86,000 for equipment, supplies and
maintenance projects. During July 2015, the following contracts were reviewed and
approved by the Vice Chancellor of Business Services, following review by legal
counsel, when appropriate.
CONTRACTOR NAME
CONTRACT AMOUNT
Quick Caption
$96,384.00
Amendment No 2 — For additional captioning services
amendment of $21,348 for new total of $96,384.
Saddleback College
BKF Enaineers
$81,400.00
Consultant Agreement - For land surveyor services for ATEP
building project.
Irvine Valley College
Nuventive
$69,797.00
Software License Addendum — For TracDat license
subscriptions amended for $13,797 for a new total of $69,797
for Saddleback College and District Services.
District Services
dmoorecreative
$49,900.00
Independent Contractor Agreement — For online orientation
videos.
Irvine Valley College
dmoorecreative
$49,900.00
Independent Contractor Agreement — For online orientation
videos.
Saddleback College
DSE Architecture
$43,339.00
Amendment No 2 — For additional services to obtain permits,
amendment of $5,000 for new total of $43,339.
Saddleback College
Item Submitted By: Dr. Debra L. Fitzsimons, Vice Chancellor, Business Services
Page 1.0 of 1.1
Educause
$40.00
Software Agreement — For renewal of ivc.edu domain name.
Irvine Valley College
City of Newport Beach
$0.00
Facility Use Agreement — Correction to ratification item,
correction from SC to IVC.
Irvine Valley College
ThreeForks
$0.00
Amendment No 1 — To provide additional technology support
for business processes to the Financial Aid dept. at a no -cost
extension until June 30, 2016.
Irvine Valley College
Padhraic Smyth
$0.00
Amendment No 1 — To provide additional consulting services
for collection of data at a no -cost extension until June 30, 2016.
Irvine Valley College
California State University of Fullerton
$0.00
Clinical Services Agreement — To provide nursing program
students with clinical training.
Saddleback College
City of Mission Viejo
$0.00
Rental Contract — For Emeritus quilting classes.
Saddleback College
City of Mission Vieio
$0.00
Rental Contract — For Emeritus aerobic classes.
Saddleback College
City of Mission Viejo
$0.00
Rental Contract — For Emeritus art history classes.
Saddleback College
City of Mission Viejo
$0.00
Rental Contract — For Emeritus Spanish classes.
Saddleback College
City of Mission Viejo
$0.00
Rental Contract — For Emeritus physical fitness classes.
Saddleback College
City of Mission Viejo
$0.00
Rental Contract — For Emeritus creative writing classes.
Saddleback College
City of Mission Vieio
$0.00
Rental Contract — For Emeritus literature classes.
Saddleback College
Item Submitted By: Dr. Debra L. Fitzsimons, Vice Chancellor, .Business Services
EXHIBIT C
INSURANCE REQUIREMENTS
A. Provision of Insurance. Without limiting Contractors indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the tenn of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
B. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City Risk Manager.
C. Coverage Requirements.
Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
(a) Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
(b) In the event Contractor has no employees requiring Contractor to
provide Workers' Compensation insurance, Contractor shall so
certify to City in writing prior to City's execution of this Agreement.
General Liability Insurance. Contractor shall maintain commercial general
liability insurance, with coverage at least as broad as provided by
Insurance Services Office form CG 00 01, in an amount not less than one
million dollars ($1,000,000) per occurrence. The policy shall cover liability
arising from premises, operations, personal and advertising injury, and
liability assumed under an insured contract (including the tort liability of
another assumed in a business contract) with no endorsement or
modification limiting the scope of coverage for liability assumed under a
contract.
3. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
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covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subcontractors.
2. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, but not including
professional liability, shall provide or be endorsed to provide that City and
its officers, officials, employees, agents, and volunteers shall be included
as insureds under such policies.
3. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
4. Notice of Cancellation. All policies shall provide City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10) days
notice is required) or nonrenewal of coverage for each required coverage.
5. Subcontractors. Contractor shall require and verify that all subcontractors
maintain insurance meeting all the requirements stated herein, and
Contractor shall ensure that City is an additional insured on insurance
required from subcontractors. For CGL coverage subcontractors shall
provide coverage with a format at least as broad as CG 20 38 04 13.
E. Additional Agreements Between the Parties. The parties hereby agree to the
following:
Evidence of Insurance. Contractor shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by the City Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
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City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
2. City's Right to Revise Requirements. The City reserves the right at any
time during the term of the contract to change the amounts and types of
insurance required by giving Contractor sixty (60) days advance written
notice of such change. If such change results in substantial additional
cost to Contractor, City and Contractor may renegotiate Contractor's
compensation.
3. Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
4. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
contractor maintains higher limits than the minimums shown above, City
requires and shall be entitled to coverage for higher limits maintained by
Contractor. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to City.
5. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
6. City Remedies for Non Compliance. If Contractor or any subcontractor
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this agreement, or to suspend Contractor's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Contractor or
reimbursed by Contractor upon demand.
7. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Agreement, and that involve or may
involve coverage under any of the required liability policies.
8. Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
Irvine Valley College Page C-4
judgment may be necessary for its proper protection and prosecution of
the Work.
Irvine Valley College Page C-4