HomeMy WebLinkAboutC-5669 - Community Program Agreement for Recreational & Enrichment Classes/ProgramsC-)
CITY OF NEWPORT BEACH COMMUNITY PROGRAM AGREEMENT FOR
RECREATIONAL & ENRICHMENT CLASSESIPROGRAMS OFFERED BY
IRVINE VALLEY COLLEGE AND THE CITY OF NEWPORT BEACH
This Agreement is made and entered into as of this jjg day of kW=14 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 the 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 incorported
herein by this reference, and as approved in writing by the City.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30th day of June 2015 unless terminated earlier as provided herein.
2. CONSIDERATION
City shall provide facility site for classes and programs offered by School; School shall
facilitate the collection of all registrations & material fees.
3. DUTIES OF CITY
A. Publicity. City shall provide area in NCCC lobby on the brochure radc 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.
B. 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.
C. City shall provide facility site at no charge.
4. SCHOOL DUTIES
A. School. School hereby certifies that any or all School representatives or
employees who will be teaching the classes or assisting in teaching the
classes are qualified to do so, can provide proof of their legal right to work
in the United States and are qualified to perform the services described
above and in the course outline submitted to City.
Irvine Valley College Page 1
B. Registration. School shall register all participants. School shall only
collect materials fees and class fees that are pre -approved by the City
and published in advance in the School's Brochure. Such materials fees
should be collected by School on or before the first class meeting.
C. SuppliewEquipment. 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.
D. Anti -Discrimination Laws. School agrees and certifies that, except as
permitted by law, 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 or sexual orientation, be excluded from participation in or be
denied the benefits of the services provided pursuant to this Agreement,
and School agrees not to discriminate on said grounds in the hiring and
retention of employees and representatives, unless authorized under
Section 121140 of the California Government Code. School shall, where
applicable, conform to the requirements of the Americans with Disabilities
Act in the performance of this Agreement.
E. Class Size. School shall determine the minimum and maximum number
of participants required for each class in cooperation with City staff. The
City can determine the minimum/maximum number of participants in a
class to ensure the quality and, safety of the class. School or School's
authorized representative is required to attend the first class meeting of all
class offerings advertised in the School's Brochure unless School cancels
the class three (3) business days prior to the start 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.
G. Absences. City urges School to get a substitute, whenever possible,
instead of cancelling classes. When cancelling a class, School shall
contact all participants as soon as possible.
Irvine Valley College page 2
H. Contact Information. School is required to notify City in writing of any
name, address, telephone number, email and/or website changes within
48 hours of such change.
Other Requirements. School shall:
I. Cooperate fully with all reasonable requests from City staff.
ii. Maintain the highest degree of participant safety possible.
iii. Immediately report to City staff any injuries as a result of class
participation.
iv. Immediately report to City staff any damage to the classroom or
facility site as a result of class participation.
V. Contact participants, if/when a class is cancelled and confirm all
cancellations and/or make-up classes, in writing, with City staff.
vi. Clear all participants from the designated class area at the end of
class time.
vii. Schedule make-up classes in advance through City.
viii. Know facility rules and regulations and provide pertinent
information to participants.
ix. Abide by all City policies and procedures.
6. 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.
S. INSURANCE
General Liability Insurance. Contractor must provide and maintain at all times general
liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury, and property damage. The policy shall
carry a general liability special endorsement naming the City of Newport Beach, its
elected or appointed officers, employees, agents and volunteers as additional named
insured in the amount of one million dollars ($1,000,000) per occurrence. Evidence of
insurance certificate shall be sent to the Recreation & Senior Services Department and
must be approved by the City Risk Management or their designee prior to the first
Class/day of instruction.
Irvine Valley College page 3
The overage coverage must have the policy limits described above and be provided by
an insurance carrier with a Best's Insurance Guide Rating of A- (or higher) and Financial
Size Category Class of VII (or larger).
Contractor's insurance overage shall be primary insurance and/or primary source of
recovery as respects to City, its elected or appointed officers, agents, officials,
employees and volunteers with respect to all claims, losses or liability arising directly or
indirectly from the Contractor's operations or Service provided to the City. Any
insurance or self-insurance maintained by City, its officers, officials, employees and
volunteers shall be excess of the Contractor's insurance and shall not contribute with It.
Said policy must also provide a written thirty (30) day notice of cancellation (ten (10) day
written notice for non-payment of premium) to the City of Newport Beach Recreation &
Senior Services Department, at the following address: P.O. Box 1768/ 3300 Newport
Boulevard, Newport Beach, CA 92658.
Workers' Compensation Insurance. By executing this Agreement, Contractor certifies
that Contractor is aware of and will comply with Section 3700 of the Labor Code of the
State of California requiring every employer to be insured against liability for workers'
compensation or to undertake self-insurance before commencing any work. Contractor
shall carry the insurance or provide for self-insurance required by California law to
protect said Contractor from claims under the Workers' Compensation Act.
The insurer issuing the Workers' Compensation insurance shall amend its policy by
endorsement to waive all rights of subrogation against the City, its elected or appointed
officers, agents, officials, employees and volunteers. Contractor shall submit to City,
along with the required certificate of insurance a copy of such waiver of subrogation
endorsement.
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.
Automobile Liability Coverage. Contractor shall maintain automobile insurance covering
bodily injury and property damage for all activities of the 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 for each occurrence, or as approved by the
City's Risk Manager or his/her designee.
Please initial the statement that applies:
L� Contractor has attached a copy of the General Liability Insurance with Additional
Insured Endorsement that meets the above requirements
Irvine Valley College page 4
7. COMPLIANCE WITH ALL LAWS
School, and their employees, agents and representatives shall at all times observe and
comply with all laws, ordinances and regulations.
8. FINGERPRINTS AND CRIMINAL BACKGROUND
The School certifies that all representatives, agents or employees for 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 School 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 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 or employee from any class.
9. 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 those authorized by City All class rosters, class participant addresses
and contact information, shall be used by the School solely for administration of classes
and performing City business or unless to promote the School educational program..
School will take reasonable steps consistent with the law to prevent distribution of such
information. School's obligations under this paragraph 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.
10. USE OF NAMES AND LOGOS; ADVERTISING, PRESS RELEASES AND
PUBLICITY
School shall not include City's name, logos or insignia, or photographs of the class
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.
11. INDEMNIFICATION
General. Instructor 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
Irvine Valley College Page 5
that arises out of, or is in any way related to, the acts or omissions of Instructor, his or
her employees, representatives, officers and agents in the course of performing
services under this Agreement; however, Instructor shall not be required to indemnify
City from any claim arising from the sole negligence or willful misconduct of the
Indemnified Parties.
Intellectual Property. Instructor 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 Instructor of the legally
protected rights of any third parties, with respect to works performed, logos displayed,
or written or digital materials provided by Instructor 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 Instructor
will be providing a public performance of musical compositions or arrangements that
are subject to a license hell by a third party, it is the responsibility of Instructor 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. In the event of termination under this Section, City shall pay School on a
prorated basis for any classes or programs that were actually taught by School, if any,
up to the effective date of termination.
14. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating
to it. Any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
15. 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.
16. 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 this Agreement or any other rule of construction which might otherwise
apply.
17. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties, and all preliminary negotiations and agreements are
merged herein. No verbal agreement or implied covenant shall be held to vary the
provisions herein.
Irvine Valley College Page 6
18. 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.
19. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition contained herein, whether of the same or a
different character.
MOMMEMEMEMSEME
Irvine Valley College Page 7
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM:
OFFICE O -G(TY ATTORNEY
By: (—
Aaron
C. Harp
City Attorney
ATTEST:
By:_ Q4b 4 1
Leilani Brown, City Clerk
SCHOOL: I RVI VALLEY COLLEGE
Signature
Signature
CITY OF NEWPORT BEACH,
A Municipal Corporation
ura Detweile ti
Re
reation & Senior Services Director
tlO/-)� C (l -1A
Dates! Print'Name
�"1--7— Debra L. Fitzsimons
Date Print Name
JUL 0 120114
Attached: 1. Minutes from the Board of Trustees Meeting
2. Ratification Memo
3. Insurance
Dean of Online I*
,Extended Education
TITLE
Vice Chancellor,
Business Services
TITLE
Irvine Valley College Page 8
Aq C)L&mtnt I
Page 1 of 8
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
September 29, 2014
PRESENT
Members of the Board of Trustees:
T.J. Prendergast, President
Nancy M. Padberg, Vice President
Marcia Milchiker, Clerk
Timothy Jemal, Member
David B. Lang, Member
James R. Wright, Member
Keefe Carrillo, Student Member
Administrative Officers:
Gary Poertner, Chancellor
Robert Bramucci, Vice Chancellor, Technology and Learning Services
David Bugay, Vice Chancellor, Human Resources
Tod Burnett, President Saddleback College
Debra Fitzsimons, Vice Chancellor, Business Services
Randy Peebles, Associate Vice Chancellor, Economic Development
Glenn Roquemore, President Irvine Valley College
ABSENT
Bill Jay, Member
CALL TO ORDER: 5:00 P.M.
1.0 PROCEDURAL MATTERS
1.1 Call to Order
1.2 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.
Exhibit A
Page 2 of 8
RECESS TO CLOSED SESSION FOR DISCUSSION OF THE FOLLOWING:
1.3 Public Employee Appointment, Employment, Evaluation of Performance,
Discipline, Dismissal, Release (GC Section 54957(b) (2 matters)
A. Public Employee Discipline, Dismissal, Release (GC Section 54957(b).)
(2 matters)
1.4 Conference with Labor Negotiators (GC Section 54957.6)
A. SOCCCD Faculty Association
Agency Designated Negotiator: David Bugay, Ph.D.
1.5 Conference with Legal Counsel (GC Section 54956.9)
A. Anticipated Litigation (GC Section 54956.9(d)(2) and (e)(1)(1 case)
RECONVENE OPEN SESSION: 5:30 P.M.
It is the Board's intent to reconvene in public session at the time specified herein. If closed
session business has not been completed by the time public session is scheduled to be
reconvened, the Board may eitherremain in closed session longer, or reconvene in public
and again recess to a closed session after completion of the public agenda. After the
completion of any subsequent closed session, the Board shall again reconvene in public,
and make any necessary reports of action taken before adjourning the meeting.
2.0 PROCEDURAL MATTERS
2.1 Actions Taken in Closed Session
On a 6-0 vote with Trustee Jay absent, the board voted to accept a faculty
member's decision to change his termination to a resignation.
2.2 Invocation
Led by Trustee James Wright
2.3 Pledge of Allegiance
Led by Trustee Bill Jay
In Trustee Jay's absence, Trustee Prendergast led the pledge of allegiance.
2.4 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
2
Exhibit A
Page 3 of 8
ixecuiive Assistant. These forms are available outside the board room.
Speakers are limited to up to two minutes each.
There were seven public comments. One public comment was regarding
an Invitation to a public reading, five public comments related to CSEA
contract issues and one public comment was about part-time faculty
compensation.
2.5 Recognitions: Speakers are limited to two minutes each.
A. Resolutions:
1. None
B. Commendations:
1. Saddleback College President Tod Bumett honored student
Iman Moujtahed for receiving a national award for her
artwork on the WALL cover of Saddleback's Literary Journal.
2. Chancellor Gary Poertner introduced the Irvine Valley
College Life Sciences Building designed by Dougherty &
Dougherty, LLP as a Grand Design winner for Best
Education Project in its annual competition which honors
architectural design and planning excellence.
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 &0)
D. Associated Student Government Reports
E. Board Request(s) for Reports
4.0 DISCUSSION ITEMS
5.0
4.1 None
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.
3
Exhibit A
Page 4 of 8
Trustee Prendergast requested to pull item 5.9 from the consent calendar
for discussion/action.
The board was provided with a replacement page for item 5.18.
On a motion made by Trustee Wright and seconded by Trustee Jemal, the
balance of the consent calendar was approved on a 6-0 vote.
5.1 SOCCCD: Board of Trustees Meeting Minutes
Approve minutes of a Regular Meeting held on August 25, 2014.
5.2 Saddleback College: 2014-2015 Additional Faculty Hiring Request
Approve the announcement of the position and recruitment of a full-time
Journalism faculty replacement position contingent upon funding, at
Saddleback College for the 2014-2015 academic year.
5.3 Saddleback College: Student Out of State Travel, Forensic Team,
Cleveland, Ohio and Chicago, IL
Approve the participation of the Saddleback College Forensics Team and their
coaches in the Phi Rho Pi National Tournament in Cleveland, OH and the Hell
Froze Over Tournament in Chicago, IL at a cost not to exceed $40,844.
5.4 Saddleback College: Student Out of State Travel — Seattle, WA
Approve the out-of-state travel request for up to six students and a Saddleback
College staff member to attend the October 23-25, 2014, National Student
Electronic Media Convention in Seattle, WA at a cost not to exceed $10,541.
5.5 SOCCCD: Saddleback College, Photo/Radio/Television Renovation
Project, Architectural Agreement, Amendment No. 2, gkkworks
Approve Amendment for additional architectural services in the amount of
$29,505 for a total contract value of $119,005.
5.6 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.
5.7 SOCCCD: Irvine Valley College, A400 Design -Build Project, Criteria and
Programming Architectural Services Agreement, Amendment No. 1,
Llonakis
Approve Amendment No. 1 to reassign $46,700 of the contract balance for use
on the A400 Design -build project and decrease the total contract amount by
$30,688 for a revised total contract amount of $342,172.
5.8 SOCCCD: Trustees' Requests for Attending Conferences
Approve/Ratify Trustees' requests for attending conferences.
For the record, President Prendergast requested a re -vote of item 5.8 in order
to abstain from the vote.
4
Exhibit A
Page 5 of 8
On a motion made by Trustee Lang and seconded by Trustee Wright, this item
was approved on a 5-0 vote with Trustee Prendergast abstaining.
5.9 SOCCCD: Conflict of Interest
Approve the amended Conflict of Interest Code, subject to the review and
approval by the Orange County Board of Supervisors.
On a motion made by Trustee Lang and seconded by Trustee Wright, this item
was approved on a 6-0 vote.
5.10 SOCCCD: Budget Amendment: Adopt Resolution No.14-31 to Amend
FY 2014-2015 Adopted Budget
Adopt resolution to amend the FY 2014-2015 Adopted Budget.
5.11 SOCCCD: Gifts to the District and Foundations
Accept donations.
5.12 SOCCCD: Purchase Order/Confirming Requisitions
Approve the purchase orders/confirming requisitions numbered P15-01297
through P15-01807 amounting to $3,887,349.30.
5.13 SOCCCD: Transfer of Budget Appropriations
Ratify transfer of budget appropriations as listed.
5.14 SOCCCD: Payment of Bills
Approve the payment of bills as listed.
5.15 SOCCCD: August and September 2014 Contracts
Ratify contracts as listed.
5.16 SOCCCD: Approve Network Access Control Hardware, Software,
Installation, and Support Purchase, Altaware
Approve the use of the listed CMAS contract for equipment and services
purchases with Altaware. Total costs for the project will not exceed $320,000.
5.17 SOCCCD: Agreement for Information Technology Services, JB
Technology Consulting, LLC
Approve the agreement for an amount not to exceed $117,844, for the
term of October 1, 2014 through June 30, 2015.
5.18 SOCCCD: Annual Renewal of Microsoft Campus Agreements for
District wide Microsoft Software Use
Approve staff executing an agreement with the vendor that provides the lowest
costs for FY 2014-15 Microsoft software licensing. The total purchase price will
not to exceed $171,715.00.
A replacement page of item 5.18 was provided to the board members.
Exhibit A
Page 6 of 8
6.0 GENERAL ACTION ITEMS
6.1 SOCCCD: Irvine Valley College, ATEP IVC First Building Project,
Design -Build Criteria and Programming Architectural Services, LPA,
Inc.
Approve the agreement for the criteria architect in the amount of $644,300.
On a motion made by Trustee Lang and seconded by Trustee Wright, this
item was approved on a.6-0 vote.
6.2 SOCCCD: Authorization of Payment to Trustee Absent from
Board Meeting
Authorize payment to Trustee Padberg who was absent from the August
25, 2014 board meeting.
On a motion made by Trustee Lang and seconded by Trustee Wright, this
item was approved on a 5-0 vote with Trustee Padberg abstaining.
6.3 SOCCCD: Computer Equipment and Related Devices, Extension of
Term, Hewlett Packard Co.
Approve extended use of the Master Price Agreement No. B27164 through
the extended date of December 31, 2014. Annual expenditures for the term
under this agreement will not exceed $2,500,000.
On a motion made by Trustee Jemal and seconded by Trustee Lang, this
item was approved on a 6-0 vote.
6.4 SOCCCD: ATEP Land Exchange Demolition, Award of Bid No. 16,
AMPCO Contracting, Inc.
Award Bid No. 16, and approve the Agreement with AMPCO Contracting,
Inc. of Anaheim, CA the amount of $2,425,000.
On a motion made by Trustee Lang and seconded by Trustee Jemal, this
Rem was approved on a 6-0 vote.
6.5 SOCCCD: Academic Personnel Actions— Regular Items
Approve New Personnel Appointments, Reorganization, Additional
Compensation: General Fund, Additional Compensation: Categorical/Non-
General Fund.
On a motion made by Trustee Milchiker and seconded by Trustee Jemal,
this item was approved on a 6-0 vote.
6.6 SOCCCD: Classified Personnel Actions —Regular Items
Approve New Personnel Appointments, Authorization to Eliminate Classified
Position and/or Position Numbers, Authorization to Establish and Announce
R
Exhibit A
Page 7 of 8
A Classified Position, Reorganization, Authorization to Change Classified
Positions, Change of Status, Classified Bilingual Stipend, Additional
Compensation, Out of Class Assignments, Temporary Increase in Hours,
General Leave, Resignation/Retirement/Conclusion of Employment,
Volunteers.
On a motion made by Trustee Jemal and seconded by Trustee Milchiker,
this item was approved on a 6-0 vote.
6.7 SOCCCD: Adopt Resolution 14-32 Classified Employee Layoffs
Adopt Resolution No. 14-32 to approve the reductions and/or
discontinuance of classified service, two positions.
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 Saddleback College and Irvine Valley College: Annual Accreditation
Reports
Annual Accreditation Reports for the ACCJC prepared by Saddleback
College and Irvine Valley College.
7.2 Irvine Valley College: Staff response to public comments from June
23, 2014 board meeting
Review the background and status of the 2014-2015 ASIVC student
elections held on April 20, 2014 and follow up to Ms. Amira Brown's
statements to the Board of Trustees on June 23, 2014.
7.3 Irvine Valley College and Saddleback College: Student Equity Plan
Report
Vice Presidents for Student Services, Dr. Linda Fontanilla and Dr. Juan
Avalos provided a brief overview of the requirements for the Student Equity
Plan.
A re -vote of an item previously voted on was taken. See Item 5.8
7.4 Saddleback College and Irvine Valley College: Speakers
Listing of speakers for events and/or Gasses at Saddleback College and
Irvine Valley College.
7.5 SOCCCD: Basic Aid Report
Report on projected receipts and approved projects.
7.6 SOCCCD: Facilities Plan Status Report
Status of current construction projects.
7.7 SOCCCD: Monthly Financial Status Report
Exhibit A
Page 8 of 8
Review of current revenues and expenditures for FY 2014-2015.
7.8 SOCCCD: Retires (OPEB) Trust Fund
Report is for period ending August 31, 2014.
8.0 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. Associate Vice Chancellor, Economic Development
E. Vice Chancellor, Technology and Learning Services
F. Vice Chancellor, Human Resources
G. Vice Chancellor, Business Services
H. Irvine Valley College Classified Senate
I. California School Employees Association
J. Saddleback College Classified Senate
K. Police Officers Association
9.0 ADDITIONAL ITEMS
ADJOURNMENT (or continuation of closed session if required): 9:00 P.M.
Meeting adjourned at 7:34 p.m.
0I '�-
I i //
SOUTH
SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT
TO: Board of Trustees
FROM: Gary L. Poertner, Chancellor
RE: SOCCCD: August/September 2014 Contracts
ACTION: Ratification
A+A-D.chm end -2-
ITEM: 5.15
DATE: 9129114
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 $83,400 for equipment, supplies and
maintenance projects. During August/September 2014, 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
AlliedBarton Security Services
$87,000.00
Independent Contractor Agreement — To provide unarmed
security services to patrol the ATEP campus FY 2014-2015.
Irvine Valley College
Haitbrink Asphalt Paving. Inc.
$82,406.00
Agreement — To build temporary parking lots campus wide with a
start date of July 25, 2014.
Saddleback College
South Coast Striping, Inc.
$81,700.00
Agreement — For restriping of parking lots campus wide during
the months of August through the end of October 2014.
Saddleback College
Amy Supinger
$64,800.00
Independent Contractor Agreement — To -provide information and
assistance related to statewide legislative and budgetary matters
through 2018.
District Services
Item Submitted By: Dr. Debra L. Fitzsimons, Vice Chancellor, Business Services
Page 19 of 19
Knott's Berry Farm
$0.00
Agreement - To provide promo code to allow students to
purchase tickets at a discount FY 2014-2015.
Saddleback College ASG
White Mechanical
$0.00
Change Order - To extend completion date to replace boiler and
venting in BSTIC from June 15, 2014 to July 31, 2014.
Irvine Valley College
t
$0.00
FwftUw -To alMw wool roorrra at Ow Noopod,
tent motion E
FY 2044-2015.
Irvine V
American Red Cross
$0.00
Independent Contractor Agreement - For mobile blood drive FY
2014-2015.
Irvine Valley College
gkkworks
$0.00
Amendment - To extend the term of the original agreement for
the Photo/Radio/Television project to December 31, 2014 with no
increase in the total contract amount of $89,500.
Saddleback College
Irvine Unified School District
$0.00
Training Agreement - For internships through Career Cafe.
Irvine Valley College
Irvine Unified School District (Northwood High School)
$0.00
Memorandum of Understanding - To implement the IVC
CONNECT Partnership program.
Irvine Valley College
California Early Childhood Mentor Program
$0.00
Memorandum Agreement - To coordinate and offer an adult
supervision course and seminars for mentors and directors.
Saddleback College
Item Submitted By: Dr. Debra L. Fitzsimons, Vice Chancellor, Business Services
Keenan & Associates
901 Calle Amanecer, #200
San Clemente, CA 92673
City of Newport Beach
Attn: Recreation Department
3300 Newport Blvd.
Newport Beach CA 92658
Hrr ckLrime)-fi
MAIL DOCUMENT
Certificate of Insurance Delivery by ecertsonlineT-
Sender: Atzimba Morales
Phone: 949-940-1760
Subject:
Date: 6/30/2014
No. of Pages: 4
URL: www.keenan.com
This document was created by eCertsONLINE.
The attached document(s) contain certification of insurance coverage for the insured named in the
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O 2002 Certificate of Insurance Delivered by ecertsonlinel- Insurance Visions, Inc. All rights reserved.
Statewide Association of Community College
OF COVERAGE
Issue
Issue Date
Protected Insurance Program for Schools
6/30/2014
ADMINISTRATOR: LICENSE k 0451271
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
Keenan & Associates
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
901 Calle Amanecer, #200
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
San Clemente, CA 92673
AFFORDED BY THE COVERAGE DOCUMENTS BELOW.
ENTITIES AFFORDING COVERAGE:
949-940-1760
www.keenan.com
ENTITY A. Statewide Association of Community Colleges
ENTITY B. Protected Insurance Program for Schools
COVERED PARTY:
South Orange County Community College Dist
28000 Marguerite Parkway
ENTITY C.
Mission Viejo CA 92692
ENTITY D:
ENTITY E'.
THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED PARTY NAMED ABOVE FOR THE PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO PMICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE COVERAGE
AFFORDED HEREIN IS SUBJECT TO ALL THE TERMS AND CONDITIONS OF SUCH COVERAGE DOCUMENTS.
MEMBER
ENT
TYPEOF COVERAGE
COVERAGE
EFFECTIVE!
RETAINED LIMIT
LIMITS
LTR
DOCUMENTS
EXPIRATION DATE
/ DEDUCTIBLE
A
GENERAL LIABILITY
COMBINED SINGLE LIMIT EACH OCCURRENCE
[�'(} GENERAL LIABILITY
CLAIMS MADE
SWC 00107-28
7/1/2014
$ 50,000
s 1,000,000
(VIOCCURRENCE
[ CODES
7/1/2015
_,1•'Al[(.GOVERNMENT
( ERRORS & OMISSIONS
A
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT EACH OCCURRENCE
ANY AUTO
SWC 00107-28
7/1/2014
$ 50,000
$ 1,000,000
I HIREDAUTO
I NON-OWNEDAUTO
7/1/2015
I GARAGE LIABILITY
-
( AUTO PHYSICAL DAMAGE
A
PROPERTY
SWC 00107-28
7/1/2014
IS 5,000
s 250,000,000
[ ALL RISK
7/1/2015
EACH OCCURRENCE
I EXCLUDES EARTHQUAKE& FLOOD
I BUILDER'S RISK
A
STUDENT PROFESSIONAL LIABILITY
SWC00107-287/1/2014
s 5,000
s Included
7/1/2015
EACH OCCURRENCE
B
WORKERS COMPENSATION
[�] WC STATUTORY LIMITS IVJJ OTHER
[,,EMPLOYERSLIABILITY
PIPS11711
7/1/2014
s
7/1/2015
s 1,000,000
E.L. EACH ACCIDENT
S 1,000,000
EXCESS WORKERS COMPENSATION
I J EMPLOYERS' LIABILITY
E
E.L. DISEASE -EACH EMPLOYEE
s 1,000,000
E.L. DISEASE - POLICY LIMITS
OTHER
E
E
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIRESTRICTIONSISPECIAL PROVISIONS:
As respects to the use of facilities for Emeriuts Classes and Activities.
CERTIFICATE HOLDER:
CANCELLATION ...... SHOULD ANY OF THE ABOVE DESCRIBED COVERAGES BE
CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING ENTITY/JPA
City of Newport Beach
Y P
WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE
Attn: Recreation Department
HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL
KIND UPON
3300 Newport Blvd.
IMPOSE NO OBLIGATION OR LIABILITY OF ANY THE ENTITY/JPA, ITS
AGENTS OR REPRESENTATIVES.
Newport Beach CA 92658
John Stephens AUTHORIZED REPRESENTATIVE
,,,'I,,I:,I,I � � I:,�wn,
1E17 NO.: 20133014 CLIENT CO2?: SO TTJ7H 1. ACzl—d MOvaIes 6/34/2014 10:49:95 NN (PDTI Fag. 1 0"
DISCLAIMER
The Certificate of Coverage on the reverse side of this form does not constitute a contract between the issuing
entity(ies), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively
amend, extend or alter the coverage afforded by the coverage documents listed thereon.
CERT NO.: 20731019 CLIENT MDE: SOV`F:ORA ACiim a %OraleS 6/30/2014 10:96:35 ,1 (rOT) llg= 2 Ot 3
COVERED PARTY
South Orange County Community
ENDORSEMENT
ADDITIONAL COVERED PARTY
COVERAGE DOCUMENT
MNC 00107-28
ADMINISTRATOR
Keenan & Associates
Subject to all its terms, conditions, exclusions, and endorsements, such additional
covered party as is afforded by the coverage document shall also apply to the following
entity but only as respects to liability arising directly from the actions and activities of the
covered party described under "as respects" below.
Additional Covpred Party -
City of Newport Beach
Attn: Recreation Department
3300 New Blvd.
Newport Beach CA 92658
As respects to the use of facilities for Emeriuts Classes and Activities.
City of Newport Beach, its elected or appointed officers, employees, agents and volunteers are named as
Additional Covered Parties.
This coverage shall be primary to the certificate holders coverage as respects the actions and activities of the
Covered Party due to their sole negligence.
Authorized Representative
Issue Date: 6/30/2014
CECT NO.: 20031018 CLIENT CODE: SOOTHOFA A[zim a Mcsales 6/30/2014 10:98:35 IM (PDT) Page 3 of 3
l CITY OF NEWPORT BEACH COMMUNITY PROGRAM AGREEMENT FOR
RECREATIONAL & ENRICHMENT CLASSESIPROGRAMS OFFERED BY
IRVINE VALLEY COLLEGE AND THE CITY OF NEWPORT BEACH
This Agreement is made and entered into as of this 1" day of October 2013 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 the 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 incorported
herein by this reference, and as approved in writing by the City.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
F'
The term of this Agreement shall commence on the above written date, and shall
terminate on the 20`x' day of June 2014 unless terminated earlier as provided herein.
2. CONSIDERATION
City shall provide facility site for classes and programs offered by School; School shall
facilitate the collection of all registrations & material fees.
3. DUTIES OF CITY
A. Publicity. City shall provide area in 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.
B. 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.
C. City shall provide facility site at no charge.
4. SCHOOL DUTIES
A. School. School hereby certifies that any or all School representatives or
employees who will be teaching the classes or assisting in teaching the
classes are qualified to do so, can provide proof of their legal right to work
in the United States and are qualified to perform the services described
above and in the course outline submitted to City.
Irvine Valley College Page 1
B. Registration, School shall register all participants. School shall only
collect materials fees and class fees that are pre -approved by the City
and published in advance in the School's Brochure. Such materials fees
should be collected by School on or before the first class meeting.
C. 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.
D. Anti -Discrimination Laws. School agrees and certifies that, except as
permitted by law, 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 or sexual orientation, be excluded from participation in or be
denied the benefits of the services provided pursuant to this Agreement,
and School agrees not to discriminate on said grounds in the hiring and
retention of employees and representatives, unless authorized under
Section 12940 of the California Government Code. School shall, where
applicable, conform to the requirements of the Americans with Disabilities
Act in the performance of this Agreement.
E. Class Size. School shall determine the minimum and maximum number
of participants required for each class in cooperation with City staff. The
City can determine the minimum/maximum number of participants in a
class to ensure the quality and, safety of the class. School or School's
authorized representative is required to attend the first class meeting of all
class offerings advertised in the School's Brochure unless School cancels
the class three (3) business days prior to the start 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.
G. Absences. City urges School to get a substitute, whenever possible,
instead of cancelling classes. When cancelling a class, School shall
contact all participants as soon as possible.
Irvine Valley College Page 2
H. Contact Information. School is required to notify City in writing of any
name, address, telephone number, email and/or website changes within
48 hours of such change.
Other Requirements. School shall:
i. Cooperate fully with all reasonable requests from City staff.
ii. Maintain the highest degree of participant safety possible.
iii. Immediately report to City staff any injuries as a result of class
participation.
iv, Immediately report to City staff any damage to the classroom or
facility site as a result of class participation.
V, Contact participants, if/when a class is cancelled and confirm all
cancellations and/or make-up classes, in writing, with City staff.
vi. Clear all participants from the designated class area at the end of
class time.
vii. Schedule make-up classes in advance through City.
viii. Know facility rules and regulations and provide pertinent
information to participants.
ix. Abide by all City policies and procedures.
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 hisiher 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.
6, INSURANCE
General Liability Insurance. Contractor must provide and maintain at all times general
liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury, and property damage. The policy shall
carry a general liability special endorsement naming the City of Newport Beach, its
elected or appointed officers, employees, agents and volunteers as additional named
insured in the amount of one million dollars ($1,000,000) per occurrence. Evidence of
insurance certificate shall be sent to the Recreation & Senior Services Department and
must be approved by the City Risk Management or their designee prior to the first
Class/day of instruction.
Irvine Valley College Page 3
The coverage coverage must have the policy limits described above and be provided by
an insurance carrier with a Best's Insurance Guide Rating of A- (or higher) and Financial
Size Category Class of VII (or larger).
Contractor's insurance coverage shall be primary insurance and/or primary source of
recovery as respects to City, its elected or appointed officers, agents, officials,
employees and volunteers with respect to all claims, losses or liability arising directly or
indirectly from the Contractor's operations or Service provided to the City. Any
insurance or self-insurance maintained by City, its officers, officials, employees and
volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
Said policy must also provide a written thirty (30) day notice of cancellation (ten (10) day
written notice for non-payment of premium) to the City of Newport Beach Recreation &
Senior Services Department, at the following address: P.O. Box 1768/ 3300 Newport
Boulevard, Newport Beach, CA 92658.
Workers' Compensation Insurance. By executing this Agreement, Contractor certifies
that Contractor is aware of and will comply with Section 3700 of the tabor Code of the
State of California requiring every employer to be insured against liability for workers'
compensation or to undertake self-insurance before commencing any work. Contractor
shall carry the insurance or provide for self-insurance required by California law to
protect said Contractor from claims under the Workers' Compensation Act.
The insurer issuing the Workers' Compensation insurance shall amend its policy by
endorsement to waive all rights of subrogation against the City, its elected or appointed
officers, agents, officials, employees and volunteers. Contractor shall submit to City,
along with the required certificate of insurance a copy of such waiver of subrogation
endorsement.
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.
Automobile Liability Coverage. Contractor shall maintain automobile insurance covering
bodily injury and property damage for all activities of the 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 for each occurrence, or as approved by the
City's Risk Manager or his/her designee.
Please initial the statement that applies:
❑ Contractor is providing a copy of the General Liability Insurance with Additional
Insured Endorsement that meets the above requirements
Irvine Valley College Page 4
7. COMPLIANCE WITH ALL LAWS
School, and their employees, agents and representatives shall at all times observe and
comply with all laws, ordinances and regulations.
8. FINGERPRINTS AND CRIMINAL BACKGROUND
The School certifies that all representatives, agents or employees for 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 School 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 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 or employee from any class.
9. 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 those authorized by City All class rosters, class participant addresses
and contact information, shall be used by the School solely for administration of classes
and performing City business or unless to promote the School educational program..
School will take reasonable steps consistent with the law to prevent distribution of such
information. School's obligations under this paragraph 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.
10. USE OF NAMES AND LOGOS; ADVERTISING, PRESS RELEASES AND
PUBLICITY
School shall not include City's name, logos or insignia, or photographs of the class
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.
11. INDEMNIFICATION
General. Instructor 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
Irvine Valley College Page 5
that arises out of, or is in any way related to, the acts or omissions of Instructor, his or
her employees, representatives, officers and agents in the course of performing
services under this Agreement; however, Instructor shall not be required to indemnify
City from any claim arising from the sole negligence or willful misconduct of the
Indemnified Parties.
Intellectual Property. Instructor 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 Instructor of the legally
protected rights of any third parties, with respect to works performed, logos displayed,
or written or digital materials provided by Instructor 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 Instructor
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 Instructor 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. In the event of termination under this Section, City shall pay School on a
prorated basis for any classes or programs that were actually taught by School, if any,
up to the effective date of termination.
14. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating
to it. Any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
15. 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.
16, 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 this Agreement or any other rule of construction which might otherwise
apply.
17. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties, and all preliminary negotiations and agreements are
merged herein. No verbal agreement or implied covenant shall be held to vary the
provisions herein.
Ervine Valley College Page 6
18. 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.
19. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition contained herein, whether of the same or a
different character.
Irvine Valley College Page 7
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:
By:_._ _�,�
Aaron C. arp
City Attorney 1 7�
ATTEST:
Date: /
me mvl�ffislml
City Clerk
CONTRACTOR: IRVINE VALLEY COLLEGE
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: It -119 . ( 1)
:
%W#_, �Wy �Q 1 j �J Sharon Louie --
Signature Date Print Name
G 1 3 2013 Debra L. Fitzsimo
Signature Date Print Name
Business Mailing Address, City, State Zip
Cell Phone Business Phone Home Phone
mail Address Alternate E-mail
Home Address (if different from business mailing address)
Interim Director
of Extended
Education
Vice Chacellor,
Business -Services
SOCCCD
Tax ID/ SSN
Alternate Phone
Business Website
Irvine Valley College Page 8
SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT
RONALD REAGAN BOARD OF TRUSTEES ROOM -RM 145
HEALTH SCIENCES/DISTRICT OFFICES BLDG., SADDLEBACK COLLEGE
MINUTES OFIHCJIQRD�USTEES' MEETING
PRESENT
Members of the Board of Trustees:
Nancy M. Padberg, President
T.J. Prendergast, Vice President
Marcia Milchiker, Clerk
Bili Jay, Member
Timothy Jemal, Member
David B. Lang, Member
James R. Wright, Member
David Robinson, Student Member
Administrative Officers:
Gary Poertner, Chancellor
Robert Bramucci, Vice Chancellor, Technology and Learning Services
David Bugay, Vice Chancellor, Human Resources
Tod Burnett, President Saddleback College
Debra Fitzsimons, Vice Chancellor, Business Services
Glenn Roquemore, President Irvine Valley College
ABSENT
Randy Peebles, Associate Vice Chancellor, Economic Development
Ki q Is 0• it
1.0 PROCEDURAL MATTERS
1.1 Call to Order
1.2 Public Comments
Members of the public may address the Board on items listed to be
discussed In closed session. Speakers are limited to two minutes
each.
RECESS TO CLOSED SESSION FOR DISCUSSION OF THE FOLLOWING:
A. Public Employee Appointment, Employment, Evaluation of Performance,
Discipline, Dismissal, Release (GC Section 54957) (4)
1. Public Employee Discipline/Dismissal/Release (4)
B. Conference with Labor Negotiators (GC Section 54957.6)
1. SOCCCD Faculty Association
a. Agency Designated Negotiator: David Bugay, Ph.D.
RMNVENE OPEN SESSION: 5:30 P.M.
it is the Boards intent to reconvene in public session at the time specified herein. if closed
session business has not been completed by the time public session is scheduled to be
reconvened, the Board may either remain in closed session longer, or reconvene in public
and again recess to a closed session after completion of the public agenda. After the
completion of any subsequent closed session, the Board shall again reconvene in public,
and make any necessary reports of action taken before adjouming the meeting.
2.0 PROCEDURAL MATTERS
2.1 Actions Taken in Closed Session
On a 6-0 vote with Trustee Prendergast absent from this vote, the board
approved an MOU providing for a four-day unpaid suspension of a
classified employee.
2.2 Invocation
Led by Trustee Nancy Padberg
2.3 Pledge of Allegiance
Led by Trustee Marcia Milchiker
2.4 Resolutions/Commendations
A. Resolutions
None
B. Commendations
Recognition of Dr. Gatewood, Dr. Kate Alder and Rachel Manders from
IVC and Cyndi Staggs from District Accounting Office for the "Most
Innovative Workforce Application" award received at a 2013
Geographic Solutions Workforce Technology Conference.
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. Speakers are limited to up to two minutes each.
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 B.0)
D. Board Request(s) for Reports
4.0SCI USSIO ITEMS
4.1 SOCCCD: State Legislative Advocacy Update
Representatives from McCallum Group will provide an overview of
their state legislative advocacy work on behalf of the district.
Patrick McCallum and Mark MacDonald from McCallum Group
provided a brief overview of the upcoming initiatives and ongoing
state advocacy work.
4.2 SOCCCD: District -wide Strategic Plan 2011-2014 - Annual
Progress Report 2012-2013
District Director of Research, Planning and Data Management will
present to the Board a summary of the District -wide Strategic Plan
Annual Progress Report.
Denice inciong, District Director of Research, provided an overview
of the annual progress report for year two of the District -wide
Strategic Plan 2011-2014.
4.3 Saddleback College and Irvine Valley College: Accreditation
Midterm Reports
Review of the final drafts of the accreditation midterm reports
prepared by Saddleback College and Irvine Valley College for the
ACCJC.
Both college midterm reports were submitted to the board for review.
The reports reflect the progress to date in addressing ACCJC"s
recommendations.
3
5.0 CONSENT CALENDAR ITEMS
All matters on the consent calendar are routine items and are to be
approved in one motion unless a Hoard member requests separate action
on a specific Item, and states the compelling reason for separate action.
Trustee Wright requested to pull item 5.2 from the consent calendar.
On a motion made by Trustee Jay and seconded by Trustee Prendergast,
the balance of the consent calendar was approved on a 7-0 vote.
5.1 SOCCCD: Board of Trustees Meeting Minutes
Approve minutes of a Regular Meeting held on August 23, 2013.
5.2 Saddleback College. Technology & Applied Sciences Building Swing
Space Architectural Services — Amendment No.1 for increased Services
Approve agreement amendment with R2A Architecture increasing the amount
by $46,000. The total revised contract amount is $531,000.
On a motion made by Trustee Lang and seconded by Trustee Wright, this
item was approved on a 7-0 vote.
5.3 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.
5.4 Irvine Valley College: Community Education, Fall 2013 — Additional
Course Offerings
Approve the additional course offerings for the Fall 2013 Community
Education courses, presenters, and compensation to better serve the
community and student population.
5.5 Irvine Valley College: Employment Training Panel Agreement
Approve the agreement with ETP in the amount of $139,150.
5.6 Irvine Valley College: Grant Acceptance, Deputy Sector Navigator
Energy Efficiency & Utilities
Approve the award from California Community Colleges Chancellor's Office in
the amount of $300,000.
5.7 Irvine Valley College: Sub -Award Grant Acceptance from the University
of Central Florida
Approve the sub -award from University of Central Florida in the amount of
$20,000.
4
5.8 Irvine Valley College: Life Sciences Building Architectural Services:
Amendment No.6 for increased Services
Approve agreement amendment with Dougherty and Dougherty Architects,
LLC Increasing the agreement amount by $47,003. The total revised
agreement amount is $1,364,611.
5.9 Irvine Valley College: Life Sciences Building: Computer Equipment and
Related Devices
Approve contracts for computer related purchases at a cost not to exceed
$400,000.
5.10 ATEP: Site Foundation and Infrastructure Demolition, Change Order
No. i
Approve change order with U.S. Demolition, Inc. increasing the contract
amount by $115,364. The total revised contract amount is $1,465,370.
5.11 SOCCCD: Annual Renewal of Microsoft Campus Agreements for
District -wide Microsoft Software Use
Approve agreements with Computerland of Silicon Valley at a Cost not to
exceed $135,000.
5.12 SOCCCD: Resolution No. 13-31 to Close County Treasury Fund 72 for
the Retiree (OPER) Trust
Adopt resolution to close the Retiree (OPER) Trust Fund 72 at the County
Treasury,
5.13 SOCCCD: Transfer of Budget Appropriations
Approve the transfer of budget appropriations for the period ending August 31,
2013.
5.14 SOCCCD: Gifts to the District and Foundations
Accept donations.
5.15 SOCCCD: Purchase Order/Confirming Requisitions
Approve purchase orders processed in accordance with the general priorities
of the adopted budget and numbered P14-01131 through P14-01518
amounting to $8,219,669.05. Approve confirming requisitions dated August 7,
2013 through September 3, 2013 totaling $2,411,657.54.
5.16 SOCCCD: Payment of Bills
Approve check no. 172210 through 172867 processed through the Orange
County Department of Education, totaling $9,575,193.24; and check no.
010754 through 010791, processed through Saddleback College Community
Education, totaling $100,486.02; and check no. 009160 through 009165,
processed through Irvine Valley College Community Education, totaling
$19,416.45.
5
5. 17 SOCCCD:
6.0 GENERAL ACTION ITEMS
6.1 Saddleback College: Cogeneration & Central Plant Operation,
Maintenance Equipment Refresh & Environmental Compliance
Services, Bid No. 2009
Approve the agreement with Veolia Energy Solution, LLC in the amount of
$2,788,000.
A replacement page was submitted to the board. An amendment was made
to Exhibit A, page 1 of 1. A new column was added with the proposed bid
amounts.
On a motion made by Trustee Jemal and seconded by Trustee Milchiker,
this item was approved on a 7-0 vote.
6.2 SOCCCD: Authorization of Payment to Trustee Absent from
Board Meeting
Adopt resolution authorizing payment to Trustee Jay for being absent from
the August board meeting.
On a motion made by Trustee Milchiker and seconded by Trustee Lang,
this item was approved on a 6-0 vote with Trustee Jay abstaining.
6.3 SOCCCD: Board Policy Revision: BP -3410: Nondiscrimination, BP -
4012: Academic Administrators and Classified Managers Personnel
Files
Accept for review and study,
On a motion made by Trustee Lang and seconded by Trustee Prendergast,
this item was approved on a 7-0 vote.
6.4 SOCCCD: Board Policy Revision: BP -3104: Fiscally Accountable
Approve/discussion.
On a motion made by Trustee Lang and seconded by Trustee Jemai, this
item was approved on a 7-0 vote.
6.5 SOCCCD: Academic Personnel Actions — Regular items
Approve New Personnel Appointments, Additional Compensation: General
Fund, Additional Compensation: Categorical/Non-General Fund, Academic
Administrator Title/Position Change, Workload Banking, Workload Banking
G1
Rescinded, Resignation/Retirement/Conclusion of Employment.
On a motion made by Trustee Lang and seconded by Trustee Wright, this
item was approved on a 7-0 vote.
6.6 SOCCCD: Classified Personnel Actions — Regular Items
Approve New Personnel Appointments, Authorization to Eliminate
Classified Positions and/or Position Numbers, Authorization to Establish
and Announce Classified Positions, Authorization to Eliminate and Create
Classified Positions, Reorganization, Temporary Increase in Hours, Out of
Class Assignments, Leave of Absence, Resignation/Retirement/Conclusion
of Employment, Volunteers.
A revision was made to Exhibit A, item J.1. At the request of the employee,
the effective date for resignation was changed to December 30 with
retirement effective December 31, 2013.
On a motion made by Trustee Jay and seconded by Trustee Lang, this item
was approved on a 7-0 vote.
7.0 REPORTS
7.1 SOCCCD: 2014 Teacher of the Year Recognition Ceremony
Information on OC Teachers of the Year Program. The nominee
being honored from SOCCCD is Scott Fier, Chemistry Instructor
from Saddleback College.
7.2 Saddleback College and Irvine Valley College: Speakers
A listing of speakers for events and/or classes at Saddleback
College and Irvine Valley College.
7.3 SOCCCD: Basic Aid Report
Report on projected receipts and approved projects.
7.4 SOCCCD: Facilities Plan Status Report
Status of current construction projects.
7.5 SOCCCD: Retiree (OPEB) Trust Fund
The report is for period ending August 31, 2013.
7.6 SOCGCD: Monthly Financial Status Report
This report displays the adopted budget, revised budget and transactions
through July 31, 2013 and August 31, 2013.
8.0 REPORTS FROM A�?MINISTRATION AND GOMN�ANCE 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. Associate Vice Chancellor, Economic Development
E. Vice Chancellor, Technology and Learning Services
F. Vice Chancellor, Human Resources
G. Vice Chancellor, Business Services
H. Irvine Valley College Classified Senate
I. California School Employees Association
J. Saddleback College Classified Senate
K. Associated Student Government of SC
L. Associated Student Government of IVC
M. Police Officers Association
9.0 ADDITIONAL ITEMS
ADJOURNMENT (or continuation of closed session if required):
The meeting was adjourned at 7:25 p.m.
9:00 P.M.
SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT ITEM: 5.17
DATE: 9123/13
TO: Board of Trustees
FROM: Gary L. Poertner, Chancellor
RE: SOCCCD: August/September 2013 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: Sub -award agreements, for contracts involving bid limits the
Chancellor/designee shall be limited to less than $15,000 for public works projects
and $81,000 for equipment, supplies and maintenance projects. During
August/September 2013, 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
Adobe Systems Inc. / Creative Cloud Enterprise
$73,590.00
Term License Agreement — For a three year Adobe site
license.
Irvine Valley College
VaultLogix. LLC
$60,000.00
Agreement — To provide one year of offsite storage and
back-up for IT.
District Services
Enovity Inc.
$59,492.00
Agreement — To provide commissioning services for the
TAS Building Renovation Project at Saddleback College.
District Services
Enovity Inc.
$59,065.00
Agreement — To provide commissioning services for the
A400 Project at Irvine Valley College.
District Services
Kelly Bennett
$45,500.00
Independent Contractor Agreement — To provide services
which will increase visibility and community awareness of
the Fine Arts and Technology division programs, effective
9/3/3 — 2/28/14.
Saddleback College
Item Submitted By: Dr. Debra L. Fitzsimons, Vice Chancellor, Business Services
Page 2 of 8
Strata Information Group
$38,400.00
Professional Services Agreement — To provide consulting
services relating to Business Process Analysis and the
HR/Finance Systems Replacement Project, effective 9/1/13
—8/31/16.
District Services
P2S Engineering, Inc.
$28,500.00
Agreement — To provide lighting retrofit and engineering
services campus wide.
Irvine Valley College
Shelia Forsberg
$25,000.00
Independent Contractor Agreement — To provide
professional services related to Human Resources issues,
effective 7/1/13 — 6/30/14.
District Services
CollegeSource
$24,500.00
Agreement — To license CollegeSource's u.achieve Degree
Audit which will be deployed, integrated with its homegrown
Student Information System and its educational planning
application, My Academic Pian (MAP).
District Services
Ametch Reliable Elevator Co.
$21,294.37
Independent Contractor Agreement — To provide elevator
and maintenance services, effective 7/1/13 —6/30/14.
Saddleback College
Proair
$19,850.00
Agreement — To clean roof top unit and ductwork at the
Business / General Studies Building due to fire clean-up.
Saddleback College
Facilities Services Partners, Inc.
$16,000.00
Agreement — To provide operation and maintenance of
Cogeneration at the Central Plant for the month of
September 2013.
Saddleback College
$15,000.00
Community Program Agreement — To provide community
(Revenue)
education classes for adults 50 years and older at the
Newport Coast Community Center.
Irvine Valley College
New Vision Construction
$14,881.10
Agreement — To install new sound wall for Veteran's
Support Services.
Saddleback College
Item Submitted By: Dr. Debra L. Fitzsimons, Vice Chancellor, Business Services
Paxe 3 of 8
Hardy & Harper, Inc.
$14,193.00
Agreement — To replace asphalt around the Transportation
Bldg.
Saddleback College
Bob Parrett Construction
$13,766.00
Agreement — To repair ceiling and walls at the Business /
General Studies Bldg. on the 2nd floor due to fire clean-up.
Saddleback College
Lee Armstrong Company, Inc.
$12,885.00
Agreement — To replace flooring in the Science & Math
Bldg. Rooms 348 & 349.
Saddleback College
Haitbrink Asphalt Paving, Inc.
$11,780.00
Agreement — To extend ADA parking areas in Lot 10 & 13.
Saddleback College
Barber & Gonzales Consulting Group
$11,500.00
Independent Contractor/Consulting Agreement — To
facilitate the Leadership Team regarding design and
implementation of the August 2013 Management Retreat
held August 8-9, 2013 at the Hyatt Regency Suites located
in Palm Springs, CA.
Saddleback College
Tustin Unified School District
$11,000.00
Consulting Agreement — IVC will provide counseling
(Revenue)
support to Early College students at Beckman High School
during the 2013-2014 academic years.
Irvine Valley College
Marlys Grodt
$10,000.00
Independent Contractor Agreement — To provide
professional services related to Human Resources issues,
effective 7/11/13 — 6/30/14.
District Services
gkkworks
$9,050.00
Amendment No. 1 — To add supplemental dry utility survey
services to the existing contract for the ATEP Land
Exchange Demolition Project. Total revised contract
amount is $56,550.00.
District Services
Scantron
$8,412.00
Renewal Agreement — To provide technology support and
software maintenance of Class Climate and ParScore used
throughout the campus for evaluations, surveys, etc.
Saddleback College
Item Submitted By: Dr. Debra L. Fitzsimons, Vice Chancellor, Business Services
Page 4 of 8
Paton Group
$7,925.28
Maintenance Agreement - Renewal of annual maintenance
contracts to include recertification of UPrint.
Saddleback College
Southland Instruments, Inc.
$7,752.00
Independent Contractor/Consultant Agreement — To repair
and recondition microscopes, effective 7/1/13-6!30/14.
Irvine Valley College
Employment Development Dept. of CA (EDD)
$7,320.00
Trade Act Educational Agreement — To provide training for
(Revenue)
EDD client to complete a Certificate of Achievement in Real
Estate for the period of 8/19/13 —12/19/14.
Irvine Valley College
New Vision Construction
$7,068.00
Agreement — To install an automatic door opener on the 3r°
floor of the Learning Resource Center.
Saddleback College
3M Library Systems Contracts
$6,336.00
Service Agreement — Annual service agreement for library
security gates and software, effective 7/1/13 — 6/30/14.
Irvine Valley College
Bob Parrett Construction, Inc.
$6,287.00
Agreement — To repair and replace ceiling tiles and T -bars
in the Science and Math Bldg. Rooms 348 & 349.
Saddleback College
Marist College
$6,200.00
Independent Contractor Agreement — To perform business
analysis activities in support of the Predictive Analytics
project.
District Services
Lake Forest Sun & Sail Club
$6,000.00
Independent Instructors Agreement — To provide
(Revenue)
community education classes for adults 50 years and older
at the Sun & Sail Club.
Irvine Valley College
ATI American Technologies, Inc.
$5,850.00
Agreement — For environmental remediation services at the
Business / General Studies Bldg. Room 359.
Saddleback College
Item Submitted By: Dr. Debra L. Fitzsimons, Vice Chancellor, Business Services
Page 5 of 8
Donovan Bros. Golf, Inc.
$5,000.00
Amendment No. 3 — To extend the golf driving range
(Estimated Revenue)
management agreement from July 1, 2013 to December 31,
2013 with a right to terminate without cause at any time with
a thirty day prior notice in writing.
Saddleback College
Quick Caption
$5,000.00
Independent Contractor / Consultant Agreement — To
provide captioning services for hearing impaired students.
Irvine Valley College
CollegeSource
$5,000.00
Agreement - To establish a Tomcat web server
environment for deploying the web -based components of
u.achieve.
District Services
Goodwill Industries of Orange County
$5,000.00
Independent Contractor Agreement — To provide
interpreting services for hearing impaired students.
Irvine Valley College
CoilegeSource
$4,900.00
Agreement — To provide ongoing support for the MAP
integration after the initial implementation.
District Services
Authorized Repair Specialists
$3,370.00
Preventative Maintenance Agreement — To provide
preventative maintenance on 2 sterilizers.
Saddleback College
H2 Environmental Consulting Services, Inc.
$3,350.00
Amendment No. 1 — To increase number of air samples for
the Hazardous Materials Project Monitoring Services
Agreement at the Business / General Studies Building at
Saddleback College for fire clean-up. Total revised contract
amount is $59,755.00.
District Services
Scott McCloud
$3,000.00
Independent Contractor Agreement — For speaking
engagement on 918/13 to staff and faculty, as part of the
Distinguished Academic Lecture Series (DALS).
Irvine Valley College
Julius Ibanez
$3,000.00
Independent Contractor/Consultant Agreement — To serve
as discipline expert to the Paramedic Program for their re-
accreditation process, effective 7/1/13 — 6/30/14.
Saddleback College
Item Submitted By: Dr. Debra L. Fitzsimons, Vice Chancellor, Business Services
Page 6 of 8
Employment Development Dept. of CA (EDD)
$2,778.00
Trade Act Educational Agreement — To provide training for
(Revenue)
EDD client to complete a Certificate of Achievement in
Accounting for the period of 8/19/13 — 6/30114.
Irvine Valley College
Mark IV Communications, Inc.
$2,500.00
Independent Contractor Agreement — To install new cables
throughout the Emergency Operations Center Conference
Room.
Irvine Valley College
Orange County Business Journal
$2,030.00
Advertising Space Agreement — To provide advertisement
in the OC Business Journal on 9-16-13.
Irvine Valley College
Fred Mills Training Solutions
$2,000.00
Independent Contractor Agreement — To provide ARMS
Computer Aided Dispatch and Records Management
System training to the IVC Police Department, effective
6/25/13 —6/30/14.
Irvine Valley College
VenTek International
$1,900.00
Independent Contractor Agreement — To host server and
process transactions for the IVC Police Dept, effective
7/1/13 — 6/30/14.
Irvine Valley College
Quinn
$1,305.32
Rental Quote Agreement — To rent a boom lift on 8-12-13.
Saddleback College
Fontis Solutions
$1,200.00
Independent Contractor Agreement — For printing of
administrative citation books.
Irvine Valley College
Freedom Communications
$1,100.00
Advertising Agreement — For advertisement in the
September OC Register magazine.
Irvine Valley College
Carl Jones
$1,000.00
Independent Contractor Agreement — To provide P.O.S.T.
Training and Perishable Skills Training: tactical
communications course and arrest & control tactics for the
police department.
Irvine Valley College
Item Submitted By: Dr. Debra L. Fitzsimons, Vice Chancellor, Business Services
Page 7 of _9
Bruce Bishop
$800.00
Independent Contractor / Consultant Agreement — To
facilitate the parliamentary procedures at the Brown Act
Workshop at the ASIVC Retreat on Friday, August 16,
2013.
Irvine Valley College
Le Paige Band
$400.00
Independent Contractor Agreement — To provide music for
(ASG Funds)
Welcome Week on Tuesday, August 20, 2013.
Irvine Valley College
Funflicks
$352.39
Agreement - To provide a 18 -ft backyard movie screen and
(ASG Funds)
host on 9-5-13 from 7:00 p.m, —10:00 p.m.
Saddleback College
Funflicks
$352.39
Agreement - To provide a 16 -ft backyard movie screen and
(ASG Funds)
host on 10-1-13 from 7:00 p.m. —10:00 p.m.
Saddleback College
Funflicks
$352.39
Agreement - To provide a 16 -ft backyard movie screen and
(ASG Funds)
host on 11-5-13 from 7:00 p.m. —10:00 p.m.
Saddleback College
Kevin Miso
$300.00
Independent Contractor Agreement — To provide music for
(ASG Funds)
Welcome Week on Monday, August 19, 2013.
Irvine Valley College
Cerise Montooth
$300.00
Independent Contractor 1 Consultant Agreement — To
facilitate the True Colors Workshop on 8/16/13.
Irvine Valley College
Ryan Lerman
$250.00
Independent Contractor Agreement — Guest artist for the
Saddleback College Music Program on 8-29-13.
Saddleback College
Orange County Rescue Mission
$0.00
Memorandum of Understanding — For the temporary use of
a portion of a parking lot at ATEP.
ATEP
Phoenix Group Information Systems
$0.00
Addendum No. 1 Agreement — To add an Administration
Citation Processing Program to existing contract, with all
other terms and conditions remaining the same.
Irvine Valley College
Item Submitted By: Dr. Debra L. Fitzsimons, Vice Chancellor, Business Services