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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 subject above. 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PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE,ANO RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA REM 1AR POSTAL SERVICE. 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