CERRITOS COLLEGE
B OARD B OOK
OCTOBER 1, 2014
REVISED
CERRITOS COMMUNITY COLLEGE DISTRICT
AGENDA FOR THE REGULAR MEETING OF THE
BOARD OF TRUSTEES
CHERYL A. EPPLE BOARD ROOM
Wednesday, October 1, 2014 at 6:30 p.m.
CALL TO ORDER: Carmen Avalos, Board President
PLEDGE OF ALLEGIANCE: Bob Arthur
ROLL CALL: Marisa Perez, Board Secretary
Carmen Avalos, Board President
Trustee Area 2
Bob Arthur, Member
Trustee Area 1
Dr. Sandra Salazar, Board Vice President
Trustee Area 6
John Paul Drayer, Member
Trustee Area 3
Marisa Perez, Board Secretary
Trustee Area 4
Dr. Bob Hughlett, Member
Trustee Area 7
Daniel Flores Resendiz
Student Trustee
Dr. Shin Liu, Member
Trustee Area 5
Dr. Linda L. Lacy
President/Superintendent
Ruben Smith
General Legal Counsel
REASONABLE ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY
Foreign language translation, sign language interpretation, materials in alternative formats and other accommodations are
available to the public upon request. All requests for reasonable accommodations to participate in a Board meeting must be made
at least three working days (72 hours) in advance of the scheduled meeting date. For assistance, please contact:
President’s Office - 11110 Alondra Boulevard - Norwalk, California 90650
(562) 860-2451, Extension 2204 - (562) 860-1104 – FAX
Copies of the agenda materials are available in the President’s Office and are available online at
www.cerritos.edu/board
Cerritos Community College District Board of Trustees Agenda October 1, 2014 Page 2 of 11
REVISED
AGENDA ORGANIZATION
The Board of Trustees will discuss any changes in the order of agenda items. Per Board Policy 2430, the order
of business may be changed by consent of the Board of Trustees.
OPEN SESSION AGENDA
Institutional Presentation: Overview of Construction Bids for Fine Arts & CIS/Math Classroom
Buildings and Strategy Update for G.O. Bond Construction Program
Dr. David El Fattal, Vice President of Business Services, will provide an overview of construction bids for
Fine Arts & CIS/Math Classroom Buildings and a strategy update for the G.O. Bond Construction Program.
COMMENTS FROM THE AUDIENCE
(Government Code Section 54954.3)
The Board of Trustees welcomes public comment on issues within the jurisdiction of the college. Public
comment request cards must be completed and returned to the secretary prior to the start of the meeting. Late
arrivals will not be permitted to speak. Comments should be limited to five (5) minutes per speaker and twenty
(20) minutes per topic if there is more than one speaker. At the conclusion of public comment, the board may
ask staff to review a matter or may ask that a matter be put on a future agenda. Members of the board, however,
may not discuss or take legal action on matters raised during public comment unless the matters are properly
noticed for discussion and legal action. Finally, be advised that college personnel and processes are available
for further communication.
CONSENT CALENDAR ITEMS
Agenda Items 1-20 are presented as Consent Calendar Items. All items may be approved by adoption of the
Consent Calendar, individually and collectively by one (1) motion. There will be no separate discussion of
these items unless Members of the Board of Trustees, the public, or staff request that specific items be removed
from the Consent Calendar for separate discussion and action.
1. Minutes (Office of the President)
It is recommended that the Board of Trustees approve the minutes of the regular meeting of September
17, 2014.
2. Provide Compensation to Board Member Avalos for Absence from Board Meeting (Office of the
President)
It is recommended that the Board of Trustees approve Ms. Avalosabsence and that she be compensated
for the regular meeting of September 3, 2014. No general funds will be used.
Cerritos Community College District Board of Trustees Agenda October 1, 2014 Page 3 of 11
REVISED
3. Stipends for Student Success Center Initiatives Fall for 2014 (Office of Academic Affairs)
It is recommended that the Board of Trustees approve stipends for faculty to develop curriculum for a
Reading Apprenticeship extended professional development program; Directed Learning Activities
(DLAs) to help students read, understand, and utilize information from scholarly journals; Success Center
Workshops; and online academic support resources for math and writing. General funds will not be used
for these stipends. Basic Skills Initiative funds will be utilized. Upon completion of the work, the faculty
will be eligible for stipends for a total amount not to exceed $32,800.00.
4. HSI STEM (Hispanic Serving Institutions/Science, Technology, Engineering, Mathematics) Grant
Supplemental Instruction Faculty Stipends (Office of Academic Affairs)
It is recommended that the Board of Trustees approve payment of the HSI STEM grant stipends in the
amount of $4,800. The grant was Board approved on December 7, 2011. Cerritos College has received
funding from the Department of Education in the amount of $3,538,847.00 over five years from 2011 to
2016 to improve the rate of degree attainment and university transfer in STEM disciplines. The funds from
the HSI STEM grant are designated to promote academic success in the STEM disciplines and focus on
degree completion and university transfer. This will be accomplished through a variety of activities,
including expanded tutoring and supplemental instruction. General funds will not be used.
5. Stipends for Instructors for the Sterile Compounding Course for Continuing Education Units (CEU)
(Office of Academic Affairs)
It is recommended that the Board of Trustees approve payment for two Instructors, one Lab Coordinator,
and two Lab Assistants for the Sterile Compounding Course for Continuing Education Units (CEU), to be
held in November 2014. Payment of the honoraria will be paid after the course. The total amount of $5,360
will come entirely from a contract with Western University of Health Sciences College of Pharmacy; no
general funds will be used.
6. Acceptance of Gifts for the Woodworking Program (Office of Business Services)
It is recommended that the Board of Trustees ratify the acceptance of the gifts for use in the Woodworking
Program. One pallet of solid wood veneer was delivered to Cerritos College; the estimated value is $2,500.
There was no cost for delivery.
7. Purchase Orders for the Period of July 1, 2014 through August 31, 2014 (Office of Business Services)
It is recommended that the Board of Trustees ratify purchase orders for the period of July 1, 2014 through
August 31, 2014 for an amount totaling $23,704,124.74. Corresponding materials are provided online.
8. New/Amended Contracts Under $25,000 for the Period July 1, 2014 through August 31, 2014 (Office
of Business Services)
It is recommended that the Board of Trustees ratify the following new/amended contracts under $25,000
for the period July 1, 2014 through August 31, 2014 for an amount of $85,097 for new contracts and
$17,000 for amended contracts.
Cerritos Community College District Board of Trustees Agenda October 1, 2014 Page 4 of 11
REVISED
9. Sale of Surplus and Obsolete Materials/Equipment (Office of Business Services)
It is recommended that the Board of Trustees declare and approve the listed items as surplus and authorize
the Director of Purchasing to sell the listed items by means of a public auction by a contract with an auction
company. Proceeds from the sale of surplus items will be deposited into the General Fund.
10. Notice of Completion for Bid No. 1112-02, Liberal Arts/DSPS Building Category 04, Structural
Steel and Miscellaneous Metal (Office of Business Services)
It is recommended that the Board of Trustees approve the Notice of Completion for Columbia Steel, Inc.
for the Liberal Arts/DSPS Building Category 04 project at Cerritos Community College District as
presented. The total final contract amount was $2,579,688.75, paid by the G.O. Bond.
11. Notice of Completion for Bid No. 1112-02, Liberal Arts/DSPS Building Category 07, Roofing
(Office of Business Services)
It is recommended that the Board of Trustees approve the Notice of Completion for Stone Roofing
Company, Inc. for the Liberal Arts/DSPS Building Category 07 project at Cerritos Community College
District as presented. The total final contract amount was $285,298, paid by the G.O. Bond.
12. Notice of Completion for Bid No. 1112-02, Liberal Arts/DSPS Building Category 08,
Doors/Frames/Hardware (Office of Business Services)
It is recommended that the Board of Trustees approve the Notice of Completion for G & G Door Products,
Inc. for the Liberal Arts/DSPS Building – Category 08 project at Cerritos Community College District as
presented. The total final contract amount was $77,679, paid by the G.O. Bond.
13. Notice of Completion for Bid No. 1112-02, Liberal Arts/DSPS Building – Category 10, Metal
Stud/Drywall/Plaster (Office of Business Services)
It is recommended that the Board of Trustees approve the Notice of Completion for Nevell Group, Inc. for
the Liberal Arts/DSPS Building – Category 10 project at Cerritos Community College District as
presented. The total final contract amount was $1,593,924 which was paid by the G.O. Bond.
14. Notice of Completion for Bid No. 1112-02, Liberal Arts/DSPS Building Category 12, Finish
Flooring (Office of Business Services)
It is recommended that the Board of Trustees approve the Notice of Completion for Riccardi Floor
Covering, Inc. for the Liberal Arts/DSPS Building – Category 12 project at Cerritos Community College
District as presented. The total final contract amount was $185,077.01, paid by the G.O. Bond.
Cerritos Community College District Board of Trustees Agenda October 1, 2014 Page 5 of 11
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15. Notice of Completion for Bid No. 1112-02, Liberal Arts/DSPS Building Category 16, Miscellaneous
(Office of Business Services)
It is recommended that the Board of Trustees approve the Notice of Completion for Inland Building
Construction Companies, Inc. for the Liberal Arts/DSPS Building Category 16 project at Cerritos
Community College District as presented. The total final contract amount was $351,852, paid by the G.O.
Bond.
16. Notice of Completion for Bid No. 1112-02, Liberal Arts/DSPS Building Category 17, Fire
Protection (Office of Business Services)
It is recommended that the Board of Trustees approve the Notice of Completion for Link-Nilsen
Corporation for the Liberal Arts/DSPS Building Category 17 project at Cerritos Community College
District as presented. The total final contract amount was $158,406, paid by the G.O. Bond.
17. Resignation Accepted by the President/Superintendent (Office of Human Resources)
a. Michael Medina, Instructor (Welding Department), effective December 31, 2014
18. Employment of Classified, Short-Term, Substitute, Professional Expert, and/or Student Hourly
Personnel as Needed for the 2014-2015 Academic Year (Office of Human Resources)
It is recommended that the Board of Trustees approve and/or ratify the employment of classified, short-
term, substitute, professional expert, and/or student hourly personnel.
19. Consideration of Approval of Employment of Temporary and/or Substitute Hourly Faculty
Personnel, as Needed for 2014-2015 Academic Year (Office of Human Resources)
It is recommended that the Board of Trustees approve the employment of temporary and/or substitute
hourly faculty personnel as needed for the 2014-2015 academic year.
20. Consideration of Approval of Employment of Classified Manager (Office of Human Resources)
a. Shannon Kaveney, Facilities Manager, Facilities, Grade 26, Step 8 ($8,096.00/monthly), effective
October 13, 2014
INFORMATION ITEMS
Agenda Items 21-23 are presented as Information Only. No action will be taken by the Board of Trustees.
21. Information Item: College Coordinating Committee Minutes September 8, 2014 (Office of the
President)
The Board of Trustees will review the September 8, 2014 College Coordinating Committee Minutes.
Cerritos Community College District Board of Trustees Agenda October 1, 2014 Page 6 of 11
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22. Information Item: Report of Scheduled RFP and RFQ Releases Scheduled for the Quarter of July
1, 2014 through September 30, 2014 (Office of Business Services)
The Board of Trustees will receive a report of scheduled requests for proposals (RFP) and requests for
qualifications (RFQ) for the quarter of July 1, 2014 through September 30, 2014.
23. Information Item: Board Advisory Committee Activities Report
The Board of Trustees will receive a summary of Board advisory committee activities.
ADMINISTRATIVE MATTERS
Agenda Items 24-43 are presented as Administrative Matter Items. Each item will considered for individual
action by the Board of Trustees.
24. Consideration of Appointment of Members to the Community Task Force (Board of Trustees)
It is recommended that the Board of Trustees take action to appoint members to the Community
Task Force.
25. Consideration of Approval of Bid No. 13P032, Fine Arts CIS/Math Building - Category 08, Roofing
(Office of Business Services)
It is recommended that the Board of Trustees approve the award of contract for Bid No. 13P032,
Fine Arts CIS/Math Building Category 08, Roofing to Best Contracting Services, Inc. of Gardena,
California, as the lowest responsive, responsible bidder in the amount of $667,800, which equals the
Total Base Bid Amount. Funding for this project will be allocated from the GO Bond.
26. Consideration of Approval of Bid No. 13P032, Fine Arts CIS/Math Building - Category 09,
Doors/Frames/Hardware
It is recommended that the Board of Trustees approve the award of contract for Bid No. 13P032,
Fine Arts CIS/Math Building Category 09, Doors/Frames/Hardware to Abba Distributors dba
Design Hardware of Los Angeles, California, as the lowest responsive, responsible bidder in the
amount of $515,502, which equals the Total Base Bid Amount. Funding for this project will be
allocated from the GO Bond.
27. Consideration of Approval of Bid No. 13P032, Fine Arts CIS/Math Building - Category 03,
Landscaping (Office of Business Services)
It is recommended that the Board of Trustees approve the award of contract for Bid No. 13P032,
Fine Arts – CIS/Math Building – Category 03, Landscaping to Preferred Landscape, Inc. of Artesia,
California, as the lowest responsive, responsible bidder in the amount of $534,790, which equals the
Total Base Bid Amount. Funding for this project will be allocated from the GO Bond.
Cerritos Community College District Board of Trustees Agenda October 1, 2014 Page 7 of 11
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28. Consideration of Approval of Bid No. 13P032, Fine Arts CIS/Math Building - Category 02,
Demolition and Abatement/Grading/Paving (Office of Business Services)
It is recommended that the Board of Trustees approve the award of contract for Bid No. 13P032,
Fine Arts CIS/Math Building Category 02, Demolition and Abatement/Grading/Paving to Fata
Construction and Development of Riverside, California, as the lowest responsive, responsible bidder
in the amount of $943,000, which equals the Total Base Bid Amount. Funding for this project will
be allocated from the GO Bond.
29. Consideration of Approval of Bid No. 13P032, Fine Arts CIS/Math Building - Category 06,
Architectural Woodwork (Office of Business Services)
It is recommended that the Board of Trustees approve the award of contract for Bid No. 13P032,
Fine Arts – CIS/Math Building – Category 06, Architectural Woodwork to K & Z Cabinet Co., Inc.
of Ontario, California, as the lowest responsive, responsible bidder in the amount of $1,093,500,
which equals the Total Base Bid Amount. Funding for this project will be allocated from the GO
Bond.
30. Consideration of Approval of Bid No. 13P032, Fine Arts – CIS/Math Building - Category 13, Finish
Flooring (Office of Business Services)
It is recommended that the Board of Trustees approve the award of contract for Bid No. 13P032,
Fine Arts CIS/Math Building Category 13, Finish Flooring to Continental Flooring, Inc. of
Rancho Cucamonga, California, as the lowest responsive, responsible bidder in the amount of
$205,847, which equals the Total Base Bid Amount. Funding for this project will be allocated from
the GO Bond.
31. Consideration of Approval of Bid No. 13P032, Fine Arts CIS/Math Building - Category 14,
Painting (Office of Business Services)
It is recommended that the Board of Trustees approve the award of contract for Bid No. 13P032,
Fine Arts – CIS/Math Building Category 14, Painting to Fix Painting Company of Woodland Hills,
California, as the lowest responsive, responsible bidder in the amount of $997,000, which equals the
Total Base Bid Amount. Funding for this project will be allocated from the GO Bond.
32. Consideration of Approval of Bid No. 13P032, Fine Arts CIS/Math Building - Category 16, Fire
Protection (Office of Business Services)
It is recommended that the Board of Trustees approve the award of contract for Bid No. 13P032,
Fine Arts – CIS/Math Building – Category 16, Fire Protection to Kincaid Industries, Inc. of
Thousand Palms, California, as the lowest responsive, responsible bidder in the amount of $350,000,
which equals the Total Base Bid Amount. Funding for this project will be allocated from the GO
Bond.
Cerritos Community College District Board of Trustees Agenda October 1, 2014 Page 8 of 11
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33. Consideration of Approval of Bid No. 13P032, Fine Arts CIS/Math Building - Category 17, HVAC
(Office of Business Services)
It is recommended that the Board of Trustees approve the award of contract for Bid No. 13P032,
Fine Arts – CIS/Math Building Category 17, HVAC to Liberty Climate Control, Inc. of South El
Monte, California, as the lowest responsive, responsible bidder in the amount of $3,335,000, which
equals the Total Base Bid Amount. Funding for this project will be allocated from the GO Bond.
34. Consideration of Approval of Bid No. 13P032, Fine Arts CIS/Math Building - Category 18, Site
and Building Plumbing (Office of Business Services)
It is recommended that the Board of Trustees approve the award of contract for Bid No. 13P032,
Fine Arts – CIS/Math Building – Category 18, Site and Building Plumbing to Empyrean Plumbing,
Inc. of Riverside, California, as the lowest responsive, responsible bidder in the amount of
$1,920,632, which equals the Total Base Bid Amount. Funding for this project will be allocated
from the GO Bond.
35. Consideration of Approval of Bid No. 13P032, Fine Arts CIS/Math Building - Category 04,
Structural and Site Concrete (Office of Business Services)
It is recommended that the Board of Trustees authorize and approve Cerritos College to take the
following action:
1. Approve the relief of the bid submitted by Inland Building Construction Co., Inc. of San
Bernardino, California pursuant to Public Contract Code Section 5100-5110, as there was a
verified error in the bid; and
2. Approve the relief of the bid submitted by Toby B. Hayward, Inc. of Monrovia, California
pursuant to Public Contract Code Section 5100-5110, as there was a verified error in the bid; and
3. Approve the award of contract for Bid No. 13P032, Fine Arts-CIS/Math Building – Category 04
to Rocky Coast Builders, Inc. of Escondido, California as the lowest responsive, responsible
bidder in the amount of $7,187,571.00, which equals the Total Base Bid Amount.
36. Consideration of Approval of Bid No. 13P032, Fine Arts – CIS/Math Building - Category 07, Sheet
Metal and Trim (Office of Business Services)
It is recommended that the Board of Trustees authorize and approve Cerritos College to take the
following action:
1. Approve the relief of the bid submitted by Letner Roofing Company of Orange, California
pursuant to Public Contract Code Section 5100-5110, as there was a verified error in the bid: and
2. Approve the award of contract for Bid No. 13P032, Fine Arts-CIS/Math Building – Category 07
to Eberhard of Van Nuys, California as the lowest responsive, responsible bidder in the amount
of $922,637.00, which equals the Total Base Bid Amount.
Cerritos Community College District Board of Trustees Agenda October 1, 2014 Page 9 of 11
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37. Consideration of Approval of Bid No. 13P032, Fine Arts – CIS/Math Building - Category 11, Metal
Stud/Drywall and Plaster (Office of Business Services)
It is recommended that the Board of Trustees authorize and approve Cerritos College to take the
following action:
1. Approve the relief of the bid submitted by Best Interiors, Inc. of Anaheim, California pursuant
to Public Contract Code Section 5100-5110, as there was a verified error in the bid; and
2. Approve the award of contract for Bid No. 13P032, Fine Arts CIS/Math Building Category
11 to Sierra Lathing Company, Inc. of Rialto, California as the lowest responsive, responsible
bidder in the amount of $3,424,816, which equals the Total Base Bid Amount.
38. Consideration of Approval of Bid No. 13P032, Fine Arts CIS/Math Building - Category 12,
Acoustical Treatments and Ceilings (Office of Business Services)
It is recommended that the Board of Trustees authorize and approve Cerritos College to take the
following action:
1. Reject bid submitted by Excel Acoustics of Corona, California as non-responsive to the bid and
contract documents for failure to provide all required mandatory documents in the bid; and
2. Approve the award of contract for Bid No. 13P032, Fine Arts CIS/Math Building Category
12 to Southcoast Acoustical Interiors, Inc. of Fontana, California as the lowest responsive,
responsible bidder in the amount of $838,430.00, which equals the Total Base Bid Amount.
39. Consideration of Approval of Bid No. 13P032, Fine Arts CIS/Math Building - Category 19,
Electrical/Low Voltage (Office of Business Services)
It is recommended that the Board of Trustees authorize and approve Cerritos College to take the
following action:
1. Approve the relief of the bid submitted by Mel Smith Electric, Inc., of Stanton, California
pursuant to Public Contract Code Section 5100-5110, as there was a verified error in the bid; and
2. Approve the award of contract for Bid No. 13P032, Fine Arts CIS/Math Building Category
19 to RDM Electric Co., Inc. of Chino, California as the lowest responsive, responsible bidder in
the amount of $5,725,000, which equals the Total Base Bid Amount.
40. Consideration of Rejection of All Bids for Bid No. 13P032, Fine Arts CIS/Math Building - Category
05, Structural Steel and Miscellaneous Metals (Office of Business Services)
It is recommended that the Board of Trustees authorize and approve Cerritos College to reject all
bids pursuant to the bid and contract documents and per Public Contract Code due to changes in
certification standards and other reasons.
Cerritos Community College District Board of Trustees Agenda October 1, 2014 Page 10 of 11
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41. Consideration of Approval of Resolution #14-17 Authorizing the Issuance of Cerritos Community
College District (Los Angeles County, California) Election of 2012 General Obligation Bonds, Series
2014A, and Actions Related Thereto (Office of Business Services)
It is recommended that the Board of Trustees approve Resolution #14-17 A Resolution of the Board
of Trustees of the Cerritos Community College District, Los Angeles County, California,
Authorizing the Issuance of Cerritos Community College District (Los Angeles County, California)
Election of 2012 General Obligation Bonds, Series 2014A, and Actions Related Thereto. There is no
fiscal impact to the General Fund resulting from the issuance of the Bonds.
42. Consideration of Appointment of Two Community Members to Serve on the Cerritos College
President/Superintendent Search Advisory Committee (Office of Human Resources)
It is recommended that the Board of Trustees appoint two community members to serve on the
President/Superintendent Search Advisory Committee. There is no fiscal impact.
43. President/Superintendent Search Update (Office of Human Resources)
Dr. Edward Hernandez and Dr. Eva Conrad, Community College Search Services, will update the
Board of Trustees on the status of the President/Superintendent search.
REPORTS AND COMMENTS FROM DISTRICT OFFICIALS
At this time, members of the Board of Trustees will provide brief reports on meetings attended on matters
pertaining to their service as a representative of the Cerritos Community College District Board of Trustees
pursuant to Government Code 53232.3(d).
Following the Board of Trustees, reports and comments will be heard by identified staff members:
Faculty Senate President, Classified School Employees Association (CSEA) President, and Cerritos
College Faculty Federation (CCFF) President
President/Superintendent, Vice President of Business Services (report will include a budget update),
Vice President of Academic Affairs, Vice President of Student Services, Vice President of Human
Resources, and General Legal Counsel

Cerritos Community College District Board of Trustees Agenda October 1, 2014 Page 11 of 11
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CLOSED SESSION WITH ATTORNEY
44. Public Employee Discipline/Dismissal/Release (GC# 54957)
45. Conference with Labor Negotiators (GC #54957.6)
A. Agency Representatives: Dr. Mary Anne Gularte and Mr. Steven Andelson
B. Employee Organizations:
Cerritos College Faculty Federation (CCFF)
California School Employees Association (CSEA)
C. Unrepresented Employees:
Management Employees
Contract Management Employees
Confidential Employees
Child Development Center Teachers and Instructional Associates
Short-term, Temporary, and Substitute Staff
46. Reconvene
47. Adjournment
The Next Regular Meeting of the Board of Trustees is set for
Wednesday, October 15, 2014 at 6:30 p.m.
I, Dr. Linda L. Lacy, Secretary to the Board, certify that a true and correct copy of the foregoing Meeting
Agenda was posted on September 24, 2014 at 10:00 a.m., as required by law.
_________________________________________
Dr. Linda L. Lacy, President/Superintendent
CERRITOS COMMUNITY COLLEGE DISTRICT
MINUTES OF THE REGULAR MEETING OF THE
BOARD OF TRUSTEES
Wednesday, September 17, 2014 at 6:30 p.m.
CALL TO ORDER: 6:32 p.m. by Carmen Avalos
PLEDGE OF ALLEGIANCE: Dr. Shin Liu
ROLL CALL: Those present were Carmen Avalos, Dr. Sandra Salazar, Board Vice President
(Trustee Area 6 arrived at 6:44 p.m.), Marisa Perez, Board Secretary (Trustee
Area 4 arrived at 6:33 p.m.), John Paul Drayer (Trustee Area 3), Bob Arthur,
(Trustee Area 1), Dr. Bob Hughlett (Trustee Area 7), Dr. Shin Liu (Trustee
Area 5), Daniel Flores Resendiz (Student Trustee), Dr. Linda L. Lacy,
President/Superintendent, Dr. JoAnna Schilling, Vice President of Academic
Affairs, Dr. David El Fattal, Vice President of Business Services, Dr. Mary
Anne Gularte, Vice President of Human Resources, Dr. Stephen Johnson, Vice
President of Student Services, Carla Yorke, CSEA Representative, Dr.
Solomon Namala, CCFF President, Michelle Lewellen, Faculty Senate
President, and Ruben Smith, General Legal Counsel.
OPEN SESSION AGENDA
1. Institutional Presentations: Recognition of Outstanding Classified and Academic Managers
David Fabish, Instructional Dean of Liberal Arts, presented the Outstanding Academic Manager award to
Rachel Mason, Instructional Dean of Business and Humanities/Social Sciences. David C. Moore, Director of
Physical Plant and Construction Services, presented the Outstanding Classified Manager award to Dr. Adriana
Flores-Church, Director of Human Resources/Risk Management.
2. Institutional Presentation: Recognition of Employee of the Month
The Board of Trustees recognized Lucy Romero, Athletic Eligibility Specialist in the Health, Physical
Education, Dance & Athletics Division, as Classified Employee of the Month for August 2014.
3. Institutional Presentation: Presentation on Proposed Measure G Election of 2012 General Obligation
Bonds, Series A
Mr. Scott Gorzeman, Director, Wells Fargo Securities Public Finance, and Mr. Andrew Belinfanti, Vice
President, Wells Fargo Securities Public Finance, presented information regarding the upcoming proposed
first issuance of Measure G Election of 2012 General Obligation Bonds, Series A. Mr. Gorzeman and Mr.
Belinfanti represent the Cerritos College underwriting syndicate as lead underwriters for the upcoming first
transaction. They informed the Board of Trustees about key factors related to the bond issuance such as
current market summary, par amount, underwriting discount, bond size and structure, expected maturity
Back to Board Agenda
length, financing schedule, and gave a descriptive overview of the legal documents that will be presented to
the Board of Trustees at the October 1 regular board meeting.
Mr. Gorzeman stated that it is a very good time to sell bonds due to low interest rates. He also stated that the
college’s bond rating of Aa2/AA is much higher than the state of California’s bond rating. He reiterated that
the bonds will be sold at a fixed interest rate and that capital appreciation bonds (CABs) will not be issued.
Ms. Avalos thanked Mr. Gorzeman and Mr. Belinfanti for their time and informative presentation.
COMMENTS FROM THE AUDIENCE
Miles Aiello, ASCC President, spoke about Agenda Item 30 Resolution No. 14-05 Declaring Design and
Development of Facilities to be LEED Certified. He stated that the world is shifting to a culture of sustainability
and that as a community college, it is imperative that we be in the forefront of innovative technology to improve
the campus community. Mr. Aiello requested that the board approve Resolution 14-05 and consider discussing
future sustainability policies.
Miya Walker, Director of College Relations, Public Affairs & Governmental Relations, stated that she and college
representatives were invited to attend the September 16 Norwalk City Council meeting to participate in the
proclamation of Hispanic Heritage Month. Mr. Aiello and Dr. Gilbert Contreras spoke about the college’s efforts
to empower and educate Latino students as a Hispanic serving institution. She stated that the proclamation will
be included in the Norwalk Now publication.
CONSENT CALENDAR ITEMS
It was moved by Dr. Hughlett and seconded by Mr. Drayer to approve Consent Agenda Items 1 through 26. Dr.
Salazar requested that Item 27 be considered separately. The motion was approved through a roll call vote [7
ayes, 0 noes, 0 abstentions] (student advisory vote: aye):
4. The minutes of the regular meeting of September 3, 2014.
5. Conference Request for Travel Outside the United States – London, United Kingdom, as attached.
6. Stipends for Center for Teaching Excellence Workshops Taking Place Fall Semester 2014, as attached.
7. Fiscal Status Report for the Quarter Ending June 30, 2014, as attached.
8. Change Order No. 3 [Deductive Credit], (Bid No. 1112-02, Category 12), Riccardi Floor Covering, Inc.,
Liberal Arts/DSPS Building, as attached.
9. Change Order No. 5 [Deductive Credit], (Bid No. 1112-02, Category 10), Nevell Group, Inc., Liberal
Arts/DSPS Building, as attached.
10. Notice of Completion for Bid No. 1112-02, Liberal Arts/DSPS Building Category 01, Site
Work/Grading/Demolition and Abatement/Paving, as attached.
Cerritos College Board of Trustees Meeting Minutes September 17, 2014 Page 2 of 13
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11. Notice of Completion for Bid No. 1112-02, Liberal Arts/DSPS Building Category 09,
Windows/Glazing, as attached.
12. Notice of Completion for Bid No. 1112-02, Liberal Arts/DSPS Building Category 02, Landscaping, as
attached.
13. Notice of Completion for Bid No. 1112-02, Liberal Arts/DSPS Building Category 18, Site and Building
Plumbing, as attached.
14. Notice of Completion for Bid No. 1112-02, Liberal Arts/DSPS Building Category 20, Electrical, as
attached.
15. Notice of Completion for Bid No. 1112-02, Liberal Arts/DSPS Building Category 03, Structural and
Site Concrete/Drilled Piers, as attached.
16. Notice of Completion for Bid No. 1112-02, Liberal Arts/DSPS Building Category 14, Acoustical
Treatments, as attached.
17. Notice of Completion for Bid No. 1112-02, Liberal Arts/DSPS Building Category 06, Sheet Metal
Flashing and Trim, as attached.
18. Notice of Completion for Bid No. 1112-02, Liberal Arts/DSPS Building Category 19, HVAC, as
attached.
19. Notice of Completion for Bid No. 13P005, Liberal Arts/DSPS Building AV/IT, as attached.
20. Notice of Completion for Bid No. 1112-02, Liberal Arts/DSPS Building Category 13, Toilet
Accessories, as attached.
21. Notice of Completion for Bid No. 1112-02, Liberal Arts/DSPS Building Category 15, Painting, as
attached.
22. Notice of Completion for Bid No. 1112-02, Liberal Arts/DSPS Building Category 11, Ceramic Tile, as
attached.
23. Notice of Completion for Bid No. 1112-02, Liberal Arts/DSPS Building Category 21, Demountable
Partitions, as attached.
24. Notice of Completion for Bid No. 1112-02, Liberal Arts/DSPS Building Category 05, Architectural
Woodwork, as attached.
25. Employment of Classified, Short-Term, Substitute, Professional Expert, and/or Student Hourly Personnel
as Needed for the 2014-2015 Academic Year, as attached.
26. Employment of Temporary and/or Substitute Hourly Faculty Personnel as Needed for 2014-2015
Academic Year, as attached.
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27. It was moved by Dr. Hughlett and seconded by Mr. Arthur to approve Management Reclassifications in
Accordance with 2013-14 Management Team Reclassification Procedures, as follows:
a. Mark Logan: Reclassification to Director, Purchasing and Contract Administration (Purchasing
Department), Grade 32, Step 5 ($8,856.00), from Director of Purchasing, Grade 29, Step 8 ($8,640),
effective July 1, 2014
b. Graciela Vasquez: Reclassification to Associate Dean, Adult Education and Diversity Programs
(Adult Education and Diversity Programs Department), Grade 35, Step 4 ($9,456.00), from Director,
Adult Education and Diversity Programs, Grade 29, Step 8 (Y-Rated $9,128), effective July 1, 2014
Dr. Salazar asked Dr. Gularte whether other constituent groups are undergoing the reclassification process and if
so, to provide a status update. She stated that she would have preferred that all the reclassification items for all
constituent groups be presented together. She also asked if all employees who are approved for reclassification
will have a retroactive date of July 1, 2014.
Dr. Gularte stated that consultant Bill Ewing assisted the college with the reclassification process for management
and classified employees. She stated that a meeting with CSEA is scheduled for early next week and that she
hopes that after that meeting, the process will move forward and hopefully be completed in October. Dr. Gularte
confirmed that recommended classified reclassifications will have a retroactive date of July 1, 2014.
Dr. Salazar inquired whether the classified reclassification process is the only one pending, and Dr. Gularte
confirmed this was correct. Dr. Salazar asked whether the corresponding cost for classified reclassifications is
included in the adopted budget, and Dr. El Fattal confirmed that the maximum possible cost has been budgeted.
The motion was approved through a roll call vote [7 ayes, 0 noes, 0 abstentions] (student advisory vote: aye).
INFORMATION ITEMS
28. As information, the board received the August 25, 2014 College Coordinating Committee Minutes.
Ms. Perez thanked the Coordinating Committee for its continued work and noted that the Board Goals
Subcommittee has recommended revisions to Board Policy 2745 to clarify the board self-evaluation
process and to address Accreditation recommendations and deficiencies. She thanked the Coordinating
Committee for providing feedback regarding the proposed revisions and agreed that alternative methods
to solicit public feedback need to be identified to provide community members who are unable to attend
board meetings with additional avenues to give input.
Mr. Drayer added that general legal counsel did not attend the August 25 Coordinating Committee meeting
which addresses another ACCJC recommendation. Also, since board meetings are now televised, there
is a greater opportunity for the community to give feedback and learn about what is going on at the college.
29. As information, the board received the college’s 2014-2015 Strategic Plan.
Cerritos College Board of Trustees Meeting Minutes September 17, 2014 Page 4 of 13
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ADMINISTRATIVE MATTERS
30. It was moved by Mr. Drayer and seconded by Dr. Salazar to adopt Resolution No. 14-05 Declaring Design
and Development of Facilities to be LEED Certified, as attached.
Mr. Drayer stated that he is very proud of his and Ms. Perez’s work to increase awareness of sustainability
and that this will reduce utility costs, save the environment, and that brighter LED lights will reduce crime
on campus. He also stated that he was inspired when his city denied his solar panels when he tried to be
more green, and that he purchased his own hybrid vehicle after his friend Mayor Eric Garcetti began
driving a hybrid.
Ms. Perez thanked everybody for their support and especially thanked Mr. Aiello, ASCC, David C. Moore,
and Dr. El Fattal for their efforts to establish sustainability initiatives on campus. She stated that the
college plans to be an environmental champion and that this is a great step in that direction. From a student
perspective, she stated that there is a need for a better bicycle, walking, and mass transit system because
not everybody can afford vehicles but they can walk or use a bicycle.
Mr. Arthur stated that there are various levels of LEED certification and expressed his concern regarding
increased costs for new buildings with a construction cost in excess of $5 million. He clarified that he is
not opposed to the concept of LEED certification or sustainability, but he is concerned with the cost-
benefit analysis as construction projects move forward because the board has a fiduciary responsibility to
taxpayers.
Mr. Drayer stated that he wrote the college’s green sustainability goal with the intent of being cost
effective so it is implied that college staff will provide the most cost effective plan for any project. He
stated that he wrote this goal with taxpayer interests in mind.
The motion was approved through a roll call vote [7 ayes, 0 noes, 0 abstentions] (student advisory vote:
aye).
31. It was moved by Dr. Hughlett and seconded by Mr. Arthur to approve Board Goal #1 Student Success,
as follows:
1. Student Success
a. Support college initiatives to provide courses for first-time or first-year Cerritos College students
and increased student access to meet general education requirements.
b. Support initiatives to increase student completion rates from prior year.
c. Support initiatives to improve communication with students to support student success efforts.
The motion was approved through a roll call vote [7 ayes, 0 noes, 0 abstentions] (student advisory vote:
aye).
32. It was moved by Mr. Arthur and seconded by Dr. Hughlett to appoint the revised list of members to the
Community Task Force, as attached.
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Ms. Avalos stated that this item was revised to add two additional members to the task force. She stated
the application process will remain open until all positions are filled. She announced the following names
for the record:
Mazen Nabulsi, Trustee Area 1
Bob Snow, Trustee Area 3
Esther Rico Jones, Trustee Area 3
Olga Rios, Trustee Area 4
Victor C. Thompson, Trustee Area 4
Juan Serrano, Trustee Area 4
Remedios Manzanilla, Trustee Area 5
Barry Yousling, Trustee Area 6
Zurich Lewis, Trustee Area 7
Ms. Avalos asked Mr. Smith whether there is a conflict with Zurich Lewis, who is a candidate for the
upcoming election for Trustee Area 7. Mr. Smith replied that there would only be a conflict if he wins
the election and that there is no conflict at this time. Dr. Lacy stated that the task force will meet for
discussion purposes only and in an advisory capacity, and Mr. Smith agreed. Ms. Avalos lay emphasis
on the importance of being clear and responsible to the public regarding any conflicts of interest. Dr.
Salazar asked if the first meeting has been scheduled and Dr. Lacy replied that a meeting has not been
scheduled since the membership has not been approved.
The motion was approved through a roll call vote [7 ayes, 0 noes, 0 abstentions] (student advisory vote:
aye).
33. It was moved by Mr. Arthur and seconded by Dr. Hughlett to approve the 2014-15 Adopted Budget as
amended.
Dr. Lacy stated that staff received a recommendation to amend the budget to allocate $100,000 in Vintage
funds for unmet student success needs in the EOPS department. Dr. El Fattal provided an overview of the
2014-15 adoption budget. He stated it is balanced and that three campuswide budget forums were held to
provide constituents and the community with opportunities to ask questions and provide feedback.
Ms. Perez thanked Dr. El Fattal, Dr. Lacy, and Ali Delawalla for their hard work and stated that many
people do not realize how much time and effort is spent to prepare a college budget. She noted that the
campus forums seemed to be well attended and that good comments were received.
Dr. Namala stated that he has requested, on multiple occasions, that the college transfer the balance of
unrestricted general fund dollars in Fund 41.0 back to the general fund to accurately reflect the college’s
actual undesignated reserves. General funds were transferred into that fund in 2007-08 to fund capital
outlay requests and for internal borrowing when facing cash deferrals from the state. He stated that there
are no deferrals at this time and that he hopes the board will move the funds back for transparency. Dr.
El Fattal stated that Fund 41.0 is in the budget and is also clearly listed on the summary page of the general
fund. He added that although there are no cash deferrals at this time, well-known economic principles
indicate that we are overdue for another recession. He also stated that Prop 30 is scheduled to sunset in
2016, which will cost the college $2.5 million. Other items of concern include part-time employee sick
pay and unfunded STRS liabilities. The 2014-15 expenditure for STRS is $250,000; however, beginning
Cerritos College Board of Trustees Meeting Minutes September 17, 2014 Page 6 of 13
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2020-21 and every year thereafter, the annual expenditure will be approximately $4.3 million. Mr. Drayer
asked for clarification regarding whether the STRS liability will continue or end after 2020-21. Dr. El
Fattal stated that the STRS liability will be an annual, ongoing cost unless there is a change in legislation.
Ms. Perez requested that the timeframe to develop a plan to address the ongoing STRS rate increase be
agendized for a future meeting.
Dr. Namala reiterated his comments that in order for the budget to be truly transparent, the college must
transfer the balance of reserves in Fund 41.0 back to the general fund. Dr. El Fattal stated that the fund is
very transparent within the budget and that a board meeting is not the place to hold this discussion. Dr.
Namala disagreed. Ms. Avalos suggested that Dr. Namala and Dr. El Fattal schedule a meeting this week
to continue their conversation.
The motion was approved through a roll call vote [7 ayes, 0 noes, 0 abstentions] (student advisory vote:
aye).
34. It was moved by Dr. Hughlett and seconded by Mr. Drayer to approve the Foundation for California
Community Colleges (FCCC) for the Annual License Renewal for the Microsoft Campus Agreement, as
attached.
The motion was approved through a roll call vote [7 ayes, 0 noes, 0 abstentions] (student advisory vote:
aye).
35. It was moved by Mr. Drayer and seconded by Dr. Hughlett to approve the Contract with Highstreet IT
Solutions, LLC for Information Technology Consulting Services for Degree Audit Dashboards, as
attached.
The motion was approved through a roll call vote [7 ayes, 0 noes, 0 abstentions] (student advisory vote:
aye).
36. It was moved by Mr. Drayer and seconded by Mr. Arthur to award a Consulting Services Agreement with
Community College Search Services to Assist the Cerritos College Board of Trustees with the Search and
Selection Process for the President/Superintendent Position, as attached.
The motion was approved through a roll call vote [7 ayes, 0 noes, 0 abstentions] (student advisory vote:
aye).
Mr. Arthur requested to consider Items 37 through 40 as one motion. It was moved by Mr. Arthur and seconded
by Dr. Hughlett to approve Items 37 through 40, as follows:
37. Ratify Change Order No. 1 [Owner Added Scope], (Bid No. 1112-02, Category 16), Inland Building
Construction Companies, Inc., Liberal Arts/DSPS Building, as attached.
38. Ratify Change Order No. 1 [Owner Added Scope], (Bid No. 1112-02, Category 17), Link Nilsen
Corporation, Liberal Arts/DSPS Building, as attached.
39. Ratify Change Order No. 1 [Omission], (Bid No. 1112-02, Category 07), Stone Roofing Company, Inc.,
Liberal Arts/DSPS Building, as attached.
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40. Approve Change Order No. 3 [Owner Added Scope], (Bid No. 1112-02, Category 08), G & G Door
Products, Inc., Liberal Arts/DSPS Building, as attached.
The motion was approved through a roll call vote [7 ayes, 0 noes, 0 abstentions] (student advisory vote: aye).
41. It was moved by Ms. Avalos and seconded by Mr. Arthur to appoint Three Trustees and Designate a
Chairperson to serve on the President/Superintendent Search Advisory Committee.
Ms. Avalos asked if any trustees would like to volunteer to serve on the President/Superintendent Search
Advisory Committee. Mr. Arthur stated that at the September 3 regular meeting, he suggested that trustees
who have never served on a presidential search committee be appointed. Ms. Avalos asked Trustees
Drayer, Liu, Perez, and Salazar if they would like to serve. After discussion regarding job-related and
personal time commitments, and also upcoming elections, Ms. Avalos asked Dr. Hernandez to provide
anticipated meeting dates and times. Dr. Hernandez stated that it is important that all committee members
be present from the beginning to the end of the process for the committee to move forward. The first
meeting is the most important and each meeting will be scheduled for at least two hours. The first meeting
is tentatively scheduled for October 15 in the early afternoon. He reiterated that it is imperative that
committee members attend all meetings and be dedicated to the process as the selection of a
president/superintendent is the most important decision for the college.
Dr. Salazar asked for a proposed timeline of events to provide a better picture for the board. Dr. Hernandez
stated that the recruitment process cannot begin until the committee meets and discusses the job
description and announcement. Prior to that first meeting, focus group meetings must be completed so
that every constituent group and community members has an opportunity to provide input, and the
unedited feedback will be forwarded to the search committee. The committee will meet and draft a profile
to forward to the board for approval. Thereafter, the recruitment process may begin. It is anticipated that
all-day, off-site interviews will be conducted in March 2015 to ensure that the selected candidate is able
to begin in July.
After discussion, the board agreed to appoint Trustees Salazar, Perez, and Liu to the committee and
requested that efforts be made to avoid scheduling meetings during time conflicts.
Ms. Avalos suggested that Dr. Salazar be designated as the committee chairperson. Mr. Arthur
recommended that a voting member of the committee who is not a trustee be designated as the chairperson.
Ms. Avalos asked Dr. Fernandez for his recommendation. Dr. Fernandez stated that the role of the
committee chairperson is very important and the duties are time consuming. Due to potential time
conflicts, he suggested that another voting member serve as the chairperson and for the committee to select
this individual at its first meeting. He also recommended that he not serve as the chairperson so that he
can focus on facilitating the process in his role as a consultant.
After discussion, the board agreed that the committee will select a chairperson at its first meeting.
The motion was approved through a roll call vote [7 ayes, 0 noes, 0 abstentions] (student advisory vote:
aye).
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42. It was moved by Ms. Avalos and seconded by Mr. Drayer to establish Board Advisory Committees, as
amended.
Ms. Avalos stated she was unable to attend the September 3 regular meeting due to a death in her family
and apologized for being absent for the initial discussion of this item. She described how she considered
each trustee’s strengths, area of expertise, and previously stated concerns to develop the proposed advisory
committee memberships. Ms. Avalos stated that she listened to feedback regarding the proposed
membership of the advisory committees and stressed the importance of a collaborative effort to move the
college in a positive direction. She noted that the ACCJC chose to divide the board by labeling trustees
as the “majority” or “minority” and urged the board to work as a whole and as one team to serve in the
best interests of the college and work towards amending differences through open and honest
communication.
Mr. Arthur expressed his appreciation for Ms. Avalos’s eloquent and logical comments. He stated that
since the Accreditation report refers to the board majority as being responsible for deficiencies in Standard
IV, he strongly believes that the Accreditation advisory committee membership should be comprised of
the board officers. He also expressed that although it is difficult for him to make this statement, he is
concerned about possible conflicts of interest due to several trustees receiving election campaign
contributions from labor unions. He suggested that the PLA advisory committee membership be
comprised of two trustees (one pro and one con) and include Dr. Lacy and administrators who are well
versed in the development of PLAs.
Dr. Salazar stated that at the September 3 regular meeting, she respectfully declined to serve on the
Accreditation advisory committee and voiced her support of a PLA and her preference to serve on that
advisory committee. She recommended that Trustee Perez serve on the Accreditation advisory committee
in her place, and stated that she would like to prioritize her time by serving on the president/superintendent
search advisory committee and the PLA advisory committee. Taking into account Mr. Arthur’s concerns,
she stated that she is open to directing Dr. Lacy and legal counsel to develop a draft agreement and
expressed her disappointment that a draft agreement was not presented to the board as an action item for
the September 3 regular meeting. She requested a status update from staff. Dr. Lacy stated that she met
with Mr. Smith and also legal counsel from Atkinson, Andelson, Loya, Ruud & Romo, the firm that
drafted the PLA for Santa Ana College. They determined that a significant amount of time is necessary
to draft an agreement and that input from the board is needed prior to moving forward and beginning
negotiations. Mr. Smith concurred.
Ms. Perez suggested that she serve on the Accreditation advisory committee instead of Mr. Arthur, and
that he serve on the PLA advisory committee in her place. Mr. Arthur agreed. Mr. Drayer volunteered to
serve on the Accreditation advisory committee in Dr. Salazar’s place.
Ms. Avalos thanked everyone and stated that this is a good step towards moving forward as board.
The motion was approved through a roll call vote [7 ayes, 0 noes, 0 abstentions] (student advisory vote:
aye).
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REPORTS AND COMMENTS FROM DISTRICT OFFICIALS
Ms. Lewellen:
stated that Faculty Senate met last week and passed two motions; a recommendation that sabbatical leave
applicants address student success and the 7 Circles in their abstracts and applications, and a recommendation
that the list of sabbatical rankings be shared with Faculty Senate.
Dr. Namala:
stated that the first session of CCFF and district negotiations occurred two weeks ago, and that the two primary
issues are the assignment article and to move from an 18-week to 16-week semester to align with the CSU
system.
Mr. Flores Resendiz:
thanked Dr. El Fattal for acquiring a 25 percent discount from Follett to purchase textbooks for library
reserves;
stated that eyewitnesses in the library observed that textbooks highest in demand are for math and science
classes;
will serve as a liaison on the ASCC Senate, which has become a more organized and efficient body; and
stated he supports Dr. Namala’s efforts to move to a shorter, 16-week semester to align with the CSU system.
Mr. Drayer:
has been back to school for over a month, and has 28 5
th
graders in his class;
hopes that the administration and media outlet department can better explain the Accreditation process to
constituents and the community because the board has been making progress to address recommendations;
and
stated that an update should be shared with the ACCJC after the September 18 study session.
Mr. Arthur:
attended a men’s soccer game and recognized them for being ranked 2
nd
in the state;
attended the first women’s soccer game which included a moving memorial service for Jasmine Cornejo, and
acknowledged the team for being ranked 1
st
in the state;
attended a women’s volleyball tournament hosted at the college and congratulated the team for placing 4
th
out
of 12 participating teams;
attended the September 13
Cerritos vs. Orange Coast football game and expressed his appreciation to ASCC
for hosting the pre-game reception;
spoke to the Cerritos Republicans Club about the college’s achievements, excellent faculty and staff, and
Accreditation status, and also discussed pros and cons of project labor agreements, and thanked staff for
helping him with his presentation; and
stated that although it was a difficult and emotional time, he was glad to have attended the September 13
memorial service for Richard Bukowiecki where the Bukowiecki family, Campus Police staff, college staff,
and police officers and firefighters from neighboring colleges and cities honored his memory.
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Ms. Perez:
attended the September 13 Cerritos vs. Orange Coast football game;
recognized Dr. Contreras, Amna Jara, Cynthia Chavez, and students for putting together facts for Hispanic
Heritage Month;
shared information about the Community Task Force and Presidential Search with her community;
thanked Ms. Walker for giving a presentation to the City of Lakewood;
spoke at a Hawaiian Gardens City Council meeting and stated she is appreciative of outreach efforts; and
attended a Bellflower USD board meeting to share information about the Presidential Search.
Dr. Lacy:
stated that Governor Brown signed AB 1552 into law to guarantee sick pay leave for part-time employees;
stated that Jane Conoley was appointed as the new CSULB president, the first female in that role, and that
she, Sue Parsons, and Dr. Schilling will meet with Dr. Connelly on Thursday, October 16 to sign the Teacher
TRAC MOU;
stated that the memorial for Richard Bukowiecki was very moving and that his family was very appreciative
that the college hosted the service;
reminded the board that a study session to discuss Accreditation is scheduled for tomorrow and that Dr. Marie
Smith will be giving a presentation;
spoke to Dr. Jane Wright, CCLC Policy and Procedure Service consultant, to assist the board policy review
advisory committee;
stated that a student success conference is scheduled for Friday, September 19 in the Student Center and that
there will be great speakers; and
stated that the Dr. Bob Hughlett Reception Area dedication and DSPS open house were well attended and
showed strong community support.
Dr. Liu:
attended an international student orientation on September 12 where she welcomed students from South
Africa, France, Russia, South Korea, China, and other countries, and thanked them for choosing Cerritos
College as their second home.
Dr. Hughlett:
stated he was very moved by the dedication ceremony and thanked staff for coordinating the event, and also
thanked LA Supervisor Don Knabe, local city council members, and staff for attending;
acknowledged his 2-year-old grandson for entertaining the attendees;
stated he is looking forward to the September 18 study session on Accreditation as the follow-up report is due
to the ACCJC in less than six months; and
stated he will not be able to attend the October 1 regular meeting as he will be in Hawaii to celebrate his 45
th
wedding anniversary.
Dr. Schilling:
stated that the STEM open house is scheduled for Friday, September 26 from 1:00 – 6:00 p.m.;
stated that the 12
th
annual Osaka Jikei visit will begin tomorrow morning with the opening ceremony; and
attended a meeting at the Chancellor’s Office earlier in the day where Cerritos College was praised for the
number of AD-T degrees it has completed.
Dr. Gularte:
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stated she was honored to attend the Dr. Hughlett Reception Area dedication and enjoyed the slideshow of his
long history at the college and his many contributions.
Dr. Johnson:
thanked and acknowledged staff who assisted in making arrangements for Chief Bukowiecki’s memorial
service and stated that it was especially meaningful for Campus Police department staff; and
distributed copies of the latest Re-entry program newsletter.
Ms. Avalos:
attended the CARE/FKCE welcome event in the library, commended staff who put the program together, and
stated she is looking forward to the end-of-year gala and working towards developing relationships with
students in the foster care system;
congratulated Dr. Hughlett for his reception area dedication, recognized his well-deserved legacy of
supporting students in the DSPS program, and apologized for not being able to attend the event;
congratulated Dr. Hughlett for his upcoming 45
th
wedding anniversary;
extended her sincere condolences to the Bukowiecki family and college staff, and apologized for not being
able to attend the memorial service as it was scheduled on the same day as services for her family member;
requested that the board adjourn to closed session in memory of Chief Bukowiecki;
recognized October as domestic violence awareness month, especially in light of recent news regarding NFL
players and domestic violence issues;
stated that she serves on the Su Casa Board of Directors to help bring an end to the cycle of violence against
women and men, and invited all to attend the 35
th
Anniversary Gala scheduled for Sunday, October 26 to
support an association that makes a positive difference in many lives;
was honored as a Democrat of the Year for the 63
rd
Assembly District and will receive the Eleanor Roosevelt
award at the October 19 LACDP dinner; and
expressed her appreciation for the trustees’ time and effort in moving forward as a team to not only address
Accreditation recommendations and conduct a successful president/superintendent search, but also to
continue making a positive difference in the lives of students.
Ms. Avalos described the closed session agenda and asked Mr. Smith if he had anything to add. Mr. Smith
recommended that the board consider adding an emergency item to the closed session agenda per Government
Code Section 54954.2(b)2. Mr. Smith stated that the item to be added is public performance employee evaluation
of the president/superintendent and that approval by a two-thirds vote of members present is required to add this
to the closed session agenda.
Mr. Drayer asked if an alternative motion to add this item to the October 1 regular meeting agenda could be
considered. Mr. Smith stated that the item must be discussed prior to the September 18 study session.
It was moved by Ms. Avalos and seconded by Ms. Perez to add Public Performance Employee Evaluation of the
President/Superintendent to the closed session agenda.
The motion was approved through a roll call vote [6 ayes, 1 no (Hughlett), 0 abstentions] (student advisory vote:
abstain).
CLOSED SESSION
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The board adjourned to closed session in memory of Richard Bukowiecki at 9:20 p.m. to discuss the following
items as amended:
43. Public Employee Discipline/Dismissal/Release (Two Employees) (GC #54957)
44. Conference with Labor Negotiators (GC #54957.6)
A. Agency Representatives: Dr. Mary Anne Gularte and Mr. Steven Andelson
B. Employee Organizations:
Cerritos College Faculty Federation (CCFF)
California School Employees Association (CSEA)
C. Unrepresented Employees:
Management Employees
Contract Management Employees
Confidential Employees
Child Development Center Teachers and Instructional Associate
Short-term, Temporary, and Substitute Staff
Added by addendum:
45. Public Performance Employee Evaluation [GC #54957(e)]
A. President/Superintendent
46. The board reconvened at 10:49 p.m.
47. The meeting was adjourned at 10:49 p.m.
Signed:
Carmen Avalos, Board President
Marisa Perez, Board Secretary
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CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 2
FROM:
Dr. Linda L. Lacy
President/Superintendent
SUBJECT: Consideration of Approval to Provide Compensation to Board Member
Avalos for Absence from Board Meeting
ACTION
It is recommended that the Board of Trustees approve Ms. Avalos’ absence and that she be compensated
for the regular meeting of September 3, 2014.
FISCAL IMPACT
No general funds will be used.
REPORT SUMMARY
In accordance with Board Policy 2725 and Education Code 72024
, trustees may be compensated for
absences from scheduled Board meetings if the reason for absence is jury duty, school business, hardship
acceptable to the Board, or illness.
Ms. Avalos experienced personal hardship due to a death in the family that required her to miss the regular
meeting of September 3, 2014.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
None.
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CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 3
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. JoAnna Schilling
Vice President of Academic Affairs
PREPARED BY:
Dr. Francie Quaas-Berryman
Success Center and Developmental
Education Coordinator
Carl Bengston
Acting Dean of Student Success
SUBJECT: Consideration of Approval of Stipends for Student Success Center Initiatives Fall
for 2014
ACTION
It is recommended that the Board of Trustees approve stipends for faculty to develop curriculum for a
Reading Apprenticeship extended professional development program; Directed Learning Activities (DLAs)
to help students read, understand, and utilize information from scholarly journals; Success Center
Workshops; and online academic support resources for math and writing.
FISCAL IMPACT
General funds will not be used for these stipends. Basic Skills Initiative funds will be utilized. Upon
completion of the work, the following faculty will be eligible for stipends not to exceed the amounts listed:
Ben Klein $3000
Sybil DiGiovanni $1000
Jennifer O’Grady $3000
Linda Hua $3000
Merica Teng $1500
Erin Cole $1500
Carolina Espinoza $3000
Michelle Faguandes $1500
Marjan Karamati $1500
Nancy Spradlin $4500
Lori Havrilla $3000
Richard Bair $3000
Cindy Bertea $1500
Vicki Johnson $1800
Total Stipends: $32,800.00
REPORT SUMMARY
The College Committee on Developmental Education has sponsored several projects that support the Five-
year plan developed in response to the California Basic Skills Initiative.
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During the fall 2014 semester, faculty will continue work with the state basic skills professional development
organization California Community Colleges Success Network (3CSN) as they facilitate an 18 hour Reading
Apprenticeship professional development program on campus. Faculty will continue to develop Directed
Learning Activities on a variety of subjects for the Success Center, and faculty will facilitate Success Center
workshops.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
None
Back to Board AgendaBack to Board Agenda
CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 4
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. JoAnna Schilling
Vice President of Academic Affairs
PREPARED BY:
Dr. Carolyn Chambers, Dean of Science,
Engineering, and Mathematics/Project Director
of HSI STEM Grant
SUBJECT: Consideration of Approval of HSI STEM (Hispanic Serving Institutions/
Science, Technology, Engineering, Mathematics) Grant Supplemental
Instruction Faculty Stipends
ACTION
It is recommended that the Board of Trustees approve payment of the HSI STEM grant stipends in the
amount of $4,800.
The grant was Board approved on December 7, 2011.
FISCAL IMPACT
Cerritos College has received funding from the Department of Education in the amount of $3,538,847.00
over five years from 2011 to 2016 to improve the rate of degree attainment and university transfer in STEM
disciplines.
The funds from the HSI STEM grant are designated to promote academic success in the STEM disciplines
and focus on degree completion and university transfer. This will be accomplished through a variety of
activities, including expanded tutoring and supplemental instruction.
The HSI STEM grant will be used to fund the following faculty stipends. General funds will not be used.
Mojdeh Nikdel Math 112 $1,200.00
Phuong Nguyen Computer Information Science 103 $1,200.00
Gary Johnpeer Earth Science 110 $1,200.00
Lesley Surfas Geography 101 $1,200.00
REPORT SUMMARY
As a component of the network of academic support funded by the grant, stipends will be provided to
faculty to engage in weekly hours of supplemental instruction with students enrolled in a variety of science
courses, both basic and advanced. Stipends are awarded for the following activities:
Back to Board AgendaBack to Board Agenda
Develop student activities to supplement the course materials, review concepts, discuss laboratory
results, provide career information, or test mastery of course material.
Meet with students to complete student activities listed above and provide additional time to advise
students on study skills, time-management or personal challenges
Monitor student progress and complete proper documentation through student attendance log and
feedback forms.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
None
Back to Board AgendaBack to Board Agenda
CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 5
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. JoAnna Schilling
Vice President of Academic Affairs
PREPARED BY:
Sandy Marks
Instructional Dean of Health Occupations
Bellegran Gomez
Director of Community Advancement
SUBJECT: Consideration of Approval of Stipends for Instructors for the Sterile
Compounding Course for Continuing Education Units (CEU)
ACTION
It is recommended that the Board of Trustees approve payment for two Instructors, one Lab Coordinator, and
two Lab Assistants for the Sterile Compounding Course for Continuing Education Units (CEU), to be held in
November 2014.
FISCAL IMPACT
The following two Instructors are Cerritos College faculty members and will receive a $2,400 honorarium each
for providing 20 hours of instruction and 4 hours of preparation time in the Sterile Compounding Course.
Ralph P. Casas, Pharm.D., Ph.D., Pharmacy Technology Department
Nasiba Makarem, Pharm.D., Pharmacy Technology Department
The following Lab Coordinator is a Cerritos College classified staff and will receive $160 honorarium for
providing 4 hours of lab coordination in the Sterile Compounding Course.
Alice Kusumoto, Health Occupations Division
The following two Lab Assistants are approved Cerritos College adult hourly and will receive $200 honorarium
each for providing 20 hours of lab assistance in the Sterile Compounding Course.
Freada Deth, Health Occupations Division
Justin Castro, Health Occupations Division
Payment of the honoria will be paid after the course. The total amount of $5,360 will come entirely from a
contract with Western University of Health Sciences College of Pharmacy; no general funds will be used.
REPORT SUMMARY
The Cerritos College Health Occupations Division and Economic Development Department are partnering with
Western University of Health Sciences College of Pharmacy (WesternU, COP) to offer a 20-hour CEU course
in Sterile Compounding for Pharmacists and Pharmacy Technicians. Upon completion of the course,
participants will receive 20 contact hours of continuing education credit from WesternU, COP. This course is
planned to be held in November 2014 on the Cerritos College campus.
Instructors’ scope of work includes developing the curriculum, presenting the lecture, demonstrations, and lab
and practice activities. Lab Coordinator’s scope of work includes ordering training supplies and coordinating lab
Back to Board AgendaBack to Board Agenda
schedule. Lab Assistants’ scope of work includes lab preparation, assisting instructors, cleaning, and
coordinating the logistics of refreshments and meals.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
None
Back to Board AgendaBack to Board Agenda
CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 6
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. David El Fattal
Vice President of Business Services/
Assistant Superintendent
PREPARED BY:
Mark B. Logan
Director of Purchasing
SUBJECT: Consideration of Ratification of Acceptance of Gifts
ACTION
It is recommended that the Board of Trustees ratify the acceptance of the gift listed below on behalf of Cerritos
College.
FISCAL IMPACT
There is no cost to Cerritos College.
REPORT SUMMARY
The following items have been received by Cerritos College as a donation:
For use in the Woodworking Program
One pallet of solid wood veneer
Donated by: Certainly Wood
ATTN: Ms. Danielle Trunfio
13000 Route 78
East Aurora, NY 14052
The estimated value of the above item is $2,500. The item was delivered to the program on August 28,
2014.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
None.
Back to Board AgendaBack to Board Agenda
Consideration of Approval of New/Amended Contracts Under $25,000
for the Period of July 1, 2014 through August 31, 2014
NEW CONTRACTS
NUMBER
CONTRACTOR SERVICE
START DATE END DATE COST
REQUESTOR
14C0001** Community College Search Services
14C0002 Highstreet IT Solutions
Contractor to provide on-site and remote Financial Aid technical consulting support
07/01/2014 06/30/2015 24,500.00$ Financial Aid
14C0003* The Lewis Center for Educational Research
14C0004 El Camino CCD
El Camino CCD will provide professional services for the Centers for Applied Competitive
Technologies (CACT). Contractor will assist in data collection and data entry for CACT
activities in the Advanced Manufacturing sector.
09/01/2014 08/31/2015 15,000.00$ Economic Development
14C0005 Michael Duncker, DDS
Contractor to provide clinical/practicum experiences for students enrolled in the Dental Assisting
program.
06/30/2014 06/30/2019 No Cost Health Occupations
14C0006 Jeffrey McDermaid, DDS
Contractor to provide clinical/practicum experiences for students enrolled in the Dental Assisting
program.
06/30/2014 06/30/2019 No Cost Health Occupations
14C0007*
14C0008 Alicia Baillie
Contractor to serve as the ABC Unified School District Liaison for the Summer 2014 Game
Camp.
07/07/2014 07/31/2014 1,000.00$ STEM
14C0009 Avanit Hospitals LLC
Contractor to provide clinical/practicum experiences for students enrolled in the Nursing and
Pharmacy Technology programs.
08/10/2014 08/10/2016 No Cost Health Occupations
14C0010 CA Dept of Education
Cerritos College entered into an agreement to receive $2500 to be used to support and promote
interactive literacy activities for children and families enrolled in the Prekindergarten and Family
Literacy Program
07/01/2014 06/30/2015 Income Health Occupations
14C0011 Anthony Bordas, DDS
Contractor to provide clinical/practicum experiences for students enrolled in the Dental Assisting
program.
06/30/2014 06/30/2019 No Cost Health Occupations
14C0012
Gerald Roodzant, DDS
Contractor to provide clinical/practicum experiences for students enrolled in the Dental Assisting
program.
06/30/2014 06/30/2019 No Cost Health Occupations
14C0013 David Hauss, DDS
Contractor to provide clinical/practicum experiences for students enrolled in the Dental Assisting
program.
07/01/2014 07/01/2019 No Cost Health Occupations
14C0014 David Sparks, DDS
Contractor to provide clinical/practicum experiences for students enrolled in the Dental Assisting
program.
07/01/2014 07/01/2019 No Cost Health Occupations
14C0015 Arthur D. Gage, DDS
Contractor to provide clinical/practicum experiences for students enrolled in the Dental Assisting
program.
06/30/2014 06/30/2019 No Cost Health Occupations
14C0016
Bright Now Dental
Contractor to provide clinical/practicum experiences for students enrolled in the Dental Assisting
program.
07/01/2014 07/01/2019 No Cost Health Occupations
14C0017 Young H. Lee, DDS & Daniel S. Miller, DDS
Contractor to provide clinical/practicum experiences for students enrolled in the Dental Assisting
program.
07/01/2014 07/01/2019 No Cost Health Occupations
14C0018 Max Martinez, DDS
Contractor to provide clinical/practicum experiences for students enrolled in the Dental Assisting
program.
06/30/2014 06/30/2019 No Cost Health Occupations
14C0019 Theodore Tanabe, DDS
Contractor to provide clinical/practicum experiences for students enrolled in the Dental Assisting
program.
07/01/2014 07/01/2019 No Cost Health Occupations
14C0020 Robert J. Valdez, DDS
Contractor to provide clinical/practicum experiences for students enrolled in the Dental Assisting
program.
07/01/2014 07/01/2019 No Cost Health Occupations
14C0021 Charles Brodsky, DDS
Contractor to provide clinical/practicum experiences for students enrolled in the Dental Assisting
program.
06/30/2014 06/30/2019 No Cost Health Occupations
14C0022* El Camino CCD
14C0023 CA Dept of Education
Cerritos College entered into an agreement to provide preschool education services to children
under the age of 3. Cerritos College will receive $34.38 per child per day of full-time enrollment
and a maximum reimbursable amount of $53,377.00. Minimum number of child days of
enrollment are 1553, minimum days of operation are 243.
07/01/2014 06/30/2015 Income Health Occupations
14C0024 Ken Shelton
Contractor to serve as the keynote speaker and presenter/facilitator for the Fall Institute
workshop on September 19, 2014
09/19/2014 09/19/2014 3,500.00$ iFalcon
14C0025 Norwalk-La Mirada Unified School District
Provide finger printing for Federal Work Study students working at Norwalk-La Mirada Unified
School District.
07/01/2014 06/30/2015 2,500.00$ Financial Aid
Back to Board AgendaBack to Board Agenda
Consideration of Approval of New/Amended Contracts Under $25,000
for the Period of July 1, 2014 through August 31, 2014
14C0026* CA Dept of Education (CSPP)
14C0027* Venea Meyer-Everhart
14C0028* Randal Morales
14C0029 Films Media Group
Digital Rights License Agreement
14C0030 Norwalk-La Mirada Unified School District
Memorandum of understanding between The Lewis Center for Educational Research, Cerritos
College, and Norwalk La Mirada USD for the K-16 Bridge program
07/01/2014 06/30/2016 Income Academic Affairs
14C0031 Downey Unified School District
Memorandum of understanding between The Lewis Center for Educational Research, Cerritos
College, and Downey USD for the K-16 Bridge program
07/01/2014 06/30/2016 Income Academic Affairs
14C0032 Charles Nechtem Associates, division of HelpNet
Contractor to provide services as set forth in the Employee Assistance Program for Cerritos
College
06/01/2013 05/31/2015 19,872.00$ Human Resources
14C0033 Walden University, LLC
Cerritos College to provide a Nursing faculty member to serve as a mentor/preceptor to Walden
University Master of Science degree nursing students.
08/08/2014 08/08/2015 No Cost Health Occupations
14C0034 The Law Office of Janis Peterson-Lord
To provide legal services for the Non-Immigrant Petition under section H1B1 of the Immigration
and Naturalization Act.
08/01/2014 12/31/2014 3,325.00$ Business Services
14C0035* Asahi Net International (ANI)
14C0036*** FCCC
14C0037 Kogi Food Truck
Contractor to provide food for STEM open house event.
09/26/2014 09/26/2014 400.00$ STEM
14C0038*** Highstreet IT Solutions
14C0039 Jonathan Throckmorton
Contractor to attend the NATEF Accreditation seminar course and complete self-evaluation and
submit to NATEF.
06/01/2014 12/10/2014 1,000.00$ Center for Adv Trans Tech
14C0040 Cerritos College Automotive Program
As Deputy Sector Navigator for Advanced Transportation And Renewable Energy, The Cerritos
College ATTE Center will fund a portion of the Accelerated Certificate Program (ACP) to assist
the Cerritos College Automotive program in launching this new pilot program. Funds will
support outreach to employers, coordination of student groups, and assistance with student
placement.
08/01/2014 12/30/2014 7,000.00$ Center for Adv Trans Tech
14C0041 Rio Hondo Community College District - CTE
Cerritos AT&R DSN will support Rio Hondo CTE Division with the running of their summer
program that is designed for students transitioning from 7th to 8th grade.
07/01/2014 10/01/2014 7,000.00$ Center for Adv Trans Tech
85,097.00$
AMENDED CONTRACTS
NUMBER
CONTRACTOR SERVICE
START DATE END DATE COST
REQUESTOR
C02-1171 Christine Stahl-Steinkamp
Amendment No. 7 - To increase the contract amount to reflect 50% of total class registration
fees collected if 1-5 student enroll; 30% if 6 or more students enroll.
09/18/2014 10/30/2015 17,000.00$ Community Education
17,000.00$
* Contract was submitted as a separate board item due to dollar amount and has already been approved
** No contract was issued under this contract number
*** Pending
Back to Board AgendaBack to Board Agenda
CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 9
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. David El Fattal
Vice President of Business Services/
Assistant Superintendent
PREPARED BY:
Mark B. Logan
Director of Purchasing
SUBJECT: Consideration of Approval of Sale of Surplus and Obsolete
Materials/Equipment
ACTION
It is recommended that the Board of Trustees declare and approve the listed items as surplus and authorize
the Director of Purchasing to sell the listed items by means of a public auction by a contract with an auction
company.
FISCAL IMPACT
Proceeds from the sale of surplus items will be deposited into the General Fund.
REPORT SUMMARY
The attached listed items have exceeded their useful life and are no longer suitable for Cerritos College and
may be disposed of through public auction sales. In order to do so, pursuant to California Education Code
81452, the governing board by a unanimous vote of those members present must find that the property,
whether one or more items, does not exceed in value the sum of Five Thousand Dollars ($5,000). The
property may then be sold at private sale without advertising by Cerritos College. Cerritos College
Administration has determined that the items are obsolete and of no further use to the college. The
Administration has estimated that the aggregate market value of the listed items is less than $5,000.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
Exhibit A: Electronic Equipment and Miscellaneous Material
Back to Board AgendaBack to Board Agenda
DISPOSAL OF DISTRICT PROPERTY:
ELECTRONIC EQUIPMENT AND MISCELLANEOUS MATERIAL
BOARD MEETING DATE: OCTOBER 1, 2014
Quantity
Description
CC #s
Serial #s
1 Pallet
Misc. Computer Accessories
(keyboards, speakers, cables, etc.)
2 Each
2-Door Storage Cabinets
2 Each
Tables
82 Each
Computer Monitors
1 Each
Lecture Podium
1 Each
Dessert Refrigerator
1 Each
Stainless Steel Refrigerator
1 Each
Hobart Mixer Model H600-1
35304
11198393
1 Each
Vulcan Broiler
39977
1 Each
Hussman Griddle
35301
365118071
1 Each
Star Max 2-Burner Range
50255637
Back to Board AgendaBack to Board Agenda
CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 10
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. David El Fattal
Vice President of Business Services/
Assistant Superintendent
PREPARED BY:
Mark B. Logan
Director of Purchasing
SUBJECT: Consideration of Approval of Notice of Completion for Bid No. 1112-02,
Liberal Arts/DSPS Building Category 04, Structural Steel and
Miscellaneous Metal
ACTION
It is recommended that the Board of Trustees approve the Notice of Completion for Columbia Steel, Inc. for
the Liberal Arts/DSPS BuildingCategory 04 project at Cerritos Community College District as presented.
FISCAL IMPACT
The total final contract amount was $2,579,688.75 which was paid by the G.O. Bond.
REPORT SUMMARY
Cerritos College issued a contract to Columbia Steel, Inc. on April 4, 2012. As required by Public Contract
Code, Cerritos College must file a Notice of Completion when a project is completed and all requirements of
the contractual agreements are addressed.
This project was substantially complete on June 2, 2014. A Notice of Completion needs to be approved by
the Board of Trustees and filed with the County Recorder.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
Notice of Completion Recording Columbia Steel, Inc.
Back to Board AgendaBack to Board Agenda
RECORDING REQUEST BY
WHEN RECORDED MAIL TO:
CERRITOS COMMUNITY COLLEGE
DISTRICT, ATTENTION: MARK B. LOGAN
11110 ALONDRA BOULEVARD
NORWALK, CALIFORNIA 90650
SPACE ABOVE THIS LINE RESERVED
FOR RECORDER’S USE
TITLE(S)
NOTICE OF COMPLETION
CERRITOS COMMUNITY COLLEGE DISTRICT
NOTICE IS HEREBY GIVEN, pursuant to the provisions of Section §9200 §9208 of the Civil
code of the State of California, that the CERRITOS COMMUNITY COLLEGE DISTRICT, of
Los Angeles County, as owner of the property known as Cerritos Community College,
located at 11110 Alondra Boulevard, Norwalk, California, caused improvements to be made
to the property to wit: Liberal Arts/DSPS Building Category 04, Bid No. 1112-02 contract
for the doing of which was heretofore entered into on the 4
th
of April, 2012 which contract was
made with Columbia Steel, Inc., contract number C11-1137, as contractor; that said
improvements were completed on the 2
nd
of June, 2014, and accepted by formal action of the
governing board of said DISTRICT on the 1
st
of October, 2014; that title to said property is
vested in the CERRITOS COMMUNITY COLLEGE DISTRICT of Los Angeles County,
California; that the surety for the above named contractor is Hartford Fire Insurance
Company.
I certify or declare under penalty of perjury that the foregoing is true and correct.
CERRITOS COMMUNITY COLLEGE DISTRICT OF LOS
ANGELES COUNTY, CALIFORNIA
By:
Dr. David El Fattal
Vice President of Business Services
Date: ______________________________________
Place of Execution: Norwalk, California
Back to Board AgendaBack to Board Agenda
CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 11
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. David El Fattal
Vice President of Business Services/
Assistant Superintendent
PREPARED BY:
Mark B. Logan
Director of Purchasing
SUBJECT: Consideration of Approval of Notice of Completion for Bid No. 1112-02,
Liberal Arts/DSPS Building Category 07, Roofing
ACTION
It is recommended that the Board of Trustees approve the Notice of Completion for Stone Roofing Company,
Inc. for the Liberal Arts/DSPS Building Category 07 project at Cerritos Community College District as
presented.
FISCAL IMPACT
The total final contract amount was $285,298 which was paid by the G.O. Bond.
REPORT SUMMARY
Cerritos College issued a contract to Stone Roofing Company, Inc. on April 4, 2012. As required by Public
Contract Code, Cerritos College must file a Notice of Completion when a project is completed and all
requirements of the contractual agreements are addressed.
This project was substantially complete on June 2, 2014. A Notice of Completion needs to be approved by
the Board of Trustees and filed with the County Recorder.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
Notice of Completion Recording Stone Roofing Company, Inc.
Back to Board AgendaBack to Board Agenda
RECORDING REQUEST BY
WHEN RECORDED MAIL TO:
CERRITOS COMMUNITY COLLEGE
DISTRICT, ATTENTION: MARK B. LOGAN
11110 ALONDRA BOULEVARD
NORWALK, CALIFORNIA 90650
SPACE ABOVE THIS LINE RESERVED
FOR RECORDER’S USE
TITLE(S)
NOTICE OF COMPLETION
CERRITOS COMMUNITY COLLEGE DISTRICT
NOTICE IS HEREBY GIVEN, pursuant to the provisions of Section §9200 §9208 of the Civil
code of the State of California, that the CERRITOS COMMUNITY COLLEGE DISTRICT, of
Los Angeles County, as owner of the property known as Cerritos Community College,
located at 11110 Alondra Boulevard, Norwalk, California, caused improvements to be made
to the property to wit: Liberal Arts/DSPS Building Category 07, Bid No. 1112-02 contract
for the doing of which was heretofore entered into on the 4
th
of April, 2012 which contract was
made with Stone Roofing Company, Inc., contract number C11-1140, as contractor; that
said improvements were completed on the 2
nd
of June, 2014, and accepted by formal action
of the governing board of said DISTRICT on the 1
st
of October, 2014; that title to said
property is vested in the CERRITOS COMMUNITY COLLEGE DISTRICT of Los Angeles
County, California; that the surety for the above named contractor is Old Republic Surety
Company.
I certify or declare under penalty of perjury that the foregoing is true and correct.
CERRITOS COMMUNITY COLLEGE DISTRICT OF LOS
ANGELES COUNTY, CALIFORNIA
By:
Dr. David El Fattal
Vice President of Business Services
Date: ______________________________________
Place of Execution: Norwalk, California
Back to Board AgendaBack to Board Agenda
CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 12
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. David El Fattal
Vice President of Business Services/
Assistant Superintendent
PREPARED BY:
Mark B. Logan
Director of Purchasing
SUBJECT: Consideration of Approval of Notice of Completion for Bid No. 1112-02,
Liberal Arts/DSPS Building Category 08, Doors/Frames/Hardware
ACTION
It is recommended that the Board of Trustees approve the Notice of Completion for G & G Door Products,
Inc. for the Liberal Arts/DSPS Building Category 08 project at Cerritos Community College District as
presented.
FISCAL IMPACT
The total final contract amount was $77,679 which was paid by the G.O. Bond.
REPORT SUMMARY
Cerritos College issued a contract to G & G Door Products, Inc. on April 4, 2012. As required by Public
Contract Code, Cerritos College must file a Notice of Completion when a project is completed and all
requirements of the contractual agreements are addressed.
This project was substantially complete on June 2, 2014. A Notice of Completion needs to be approved by
the Board of Trustees and filed with the County Recorder.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
Notice of Completion Recording G & G Door Products, Inc.
Back to Board AgendaBack to Board Agenda
RECORDING REQUEST BY
WHEN RECORDED MAIL TO:
CERRITOS COMMUNITY COLLEGE
DISTRICT, ATTENTION: MARK B. LOGAN
11110 ALONDRA BOULEVARD
NORWALK, CALIFORNIA 90650
SPACE ABOVE THIS LINE RESERVED
FOR RECORDER’S USE
TITLE(S)
NOTICE OF COMPLETION
CERRITOS COMMUNITY COLLEGE DISTRICT
NOTICE IS HEREBY GIVEN, pursuant to the provisions of Section §9200 §9208 of the Civil
code of the State of California, that the CERRITOS COMMUNITY COLLEGE DISTRICT, of
Los Angeles County, as owner of the property known as Cerritos Community College,
located at 11110 Alondra Boulevard, Norwalk, California, caused improvements to be made
to the property to wit: Liberal Arts/DSPS Building Category 08, Bid No. 1112-02 contract
for the doing of which was heretofore entered into on the 4
th
of April, 2012 which contract was
made with G & G Door Products, Inc., contract number C11-1141, as contractor; that said
improvements were completed on the 2
nd
of June, 2014, and accepted by formal action of the
governing board of said DISTRICT on the 1
st
of October, 2014; that title to said property is
vested in the CERRITOS COMMUNITY COLLEGE DISTRICT of Los Angeles County,
California; that the surety for the above named contractor is First National Insurance
Company of America.
I certify or declare under penalty of perjury that the foregoing is true and correct.
CERRITOS COMMUNITY COLLEGE DISTRICT OF LOS
ANGELES COUNTY, CALIFORNIA
By:
Dr. David El Fattal
Vice President of Business Services
Date: ______________________________________
Place of Execution: Norwalk, California
Back to Board AgendaBack to Board Agenda
CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 13
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. David El Fattal
Vice President of Business Services/
Assistant Superintendent
PREPARED BY:
Mark B. Logan
Director of Purchasing
SUBJECT: Consideration of Approval of Notice of Completion for Bid No. 1112-02,
Liberal Arts/DSPS Building Category 10, Metal Stud/Drywall/Plaster
ACTION
It is recommended that the Board of Trustees approve the Notice of Completion for Nevell Group, Inc. for the
Liberal Arts/DSPS BuildingCategory 10 project at Cerritos Community College District as presented.
FISCAL IMPACT
The total final contract amount was $1,593,924 which was paid by the G.O. Bond.
REPORT SUMMARY
Cerritos College issued a contract to Nevell Group, Inc. on April 4, 2012. As required by Public Contract
Code, Cerritos College must file a Notice of Completion when a project is completed and all requirements of
the contractual agreements are addressed.
This project was substantially complete on June 2, 2014. A Notice of Completion needs to be approved by
the Board of Trustees and filed with the County Recorder.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
Notice of Completion Recording Nevell Group, Inc.
Back to Board AgendaBack to Board Agenda
RECORDING REQUEST BY
WHEN RECORDED MAIL TO:
CERRITOS COMMUNITY COLLEGE
DISTRICT, ATTENTION: MARK B. LOGAN
11110 ALONDRA BOULEVARD
NORWALK, CALIFORNIA 90650
SPACE ABOVE THIS LINE RESERVED
FOR RECORDER’S USE
TITLE(S)
NOTICE OF COMPLETION
CERRITOS COMMUNITY COLLEGE DISTRICT
NOTICE IS HEREBY GIVEN, pursuant to the provisions of Section §9200 §9208 of the Civil
code of the State of California, that the CERRITOS COMMUNITY COLLEGE DISTRICT, of
Los Angeles County, as owner of the property known as Cerritos Community College,
located at 11110 Alondra Boulevard, Norwalk, California, caused improvements to be made
to the property to wit: Liberal Arts/DSPS Building Category 10, Bid No. 1112-02 contract
for the doing of which was heretofore entered into on the 4
th
of April, 2012 which contract was
made with Nevell Group, Inc., contract number C11-1143, as contractor; that said
improvements were completed on the 2
nd
of June, 2014, and accepted by formal action of the
governing board of said DISTRICT on the 1
st
of October, 2014; that title to said property is
vested in the CERRITOS COMMUNITY COLLEGE DISTRICT of Los Angeles County,
California; that the surety for the above named contractor is Federal Insurance Company.
I certify or declare under penalty of perjury that the foregoing is true and correct.
CERRITOS COMMUNITY COLLEGE DISTRICT OF LOS
ANGELES COUNTY, CALIFORNIA
By:
Dr. David El Fattal
Vice President of Business Services
Date: ______________________________________
Place of Execution: Norwalk, California
Back to Board AgendaBack to Board Agenda
CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 14
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. David El Fattal
Vice President of Business Services/
Assistant Superintendent
PREPARED BY:
Mark B. Logan
Director of Purchasing
SUBJECT: Consideration of Approval of Notice of Completion for Bid No. 1112-02,
Liberal Arts/DSPS Building Category 12, Finish Flooring
ACTION
It is recommended that the Board of Trustees approve the Notice of Completion for Riccardi Floor Covering,
Inc. for the Liberal Arts/DSPS Building Category 12 project at Cerritos Community College District as
presented.
FISCAL IMPACT
The total final contract amount was $185,077.01 which was paid by the G.O. Bond.
REPORT SUMMARY
Cerritos College issued a contract to Riccardi Floor Covering, Inc. on April 4, 2012. As required by Public
Contract Code, Cerritos College must file a Notice of Completion when a project is completed and all
requirements of the contractual agreements are addressed.
This project was substantially complete on June 2, 2014. A Notice of Completion needs to be approved by
the Board of Trustees and filed with the County Recorder.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
Notice of Completion Recording Riccardi Floor Covering, Inc.
Back to Board AgendaBack to Board Agenda
RECORDING REQUEST BY
WHEN RECORDED MAIL TO:
CERRITOS COMMUNITY COLLEGE
DISTRICT, ATTENTION: MARK B. LOGAN
11110 ALONDRA BOULEVARD
NORWALK, CALIFORNIA 90650
SPACE ABOVE THIS LINE RESERVED
FOR RECORDER’S USE
TITLE(S)
NOTICE OF COMPLETION
CERRITOS COMMUNITY COLLEGE DISTRICT
NOTICE IS HEREBY GIVEN, pursuant to the provisions of Section §9200 §9208 of the Civil
code of the State of California, that the CERRITOS COMMUNITY COLLEGE DISTRICT, of
Los Angeles County, as owner of the property known as Cerritos Community College,
located at 11110 Alondra Boulevard, Norwalk, California, caused improvements to be made
to the property to wit: Liberal Arts/DSPS Building Category 12, Bid No. 1112-02 contract
for the doing of which was heretofore entered into on the 4
th
of April, 2012 which contract was
made with Riccardi Floor Covering, Inc., contract number C11-1145, as contractor; that said
improvements were completed on the 2
nd
of June, 2014, and accepted by formal action of the
governing board of said DISTRICT on the 1
st
of October, 2014; that title to said property is
vested in the CERRITOS COMMUNITY COLLEGE DISTRICT of Los Angeles County,
California; that the surety for the above named contractor is First National Insurance
Company of America.
I certify or declare under penalty of perjury that the foregoing is true and correct.
CERRITOS COMMUNITY COLLEGE DISTRICT OF LOS
ANGELES COUNTY, CALIFORNIA
By:
Dr. David El Fattal
Vice President of Business Services
Date: ______________________________________
Place of Execution: Norwalk, California
Back to Board AgendaBack to Board Agenda
CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 15
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. David El Fattal
Vice President of Business Services/
Assistant Superintendent
PREPARED BY:
Mark B. Logan
Director of Purchasing
SUBJECT: Consideration of Approval of Notice of Completion for Bid No. 1112-02,
Liberal Arts/DSPS Building Category 16, Miscellaneous
ACTION
It is recommended that the Board of Trustees approve the Notice of Completion for Inland Building
Construction Companies, Inc. for the Liberal Arts/DSPS Building Category 16 project at Cerritos
Community College District as presented.
FISCAL IMPACT
The total final contract amount was $351,852 which was paid by the G.O. Bond.
REPORT SUMMARY
Cerritos College issued a contract to Inland Building Construction Companies, Inc. on April 4, 2012. As
required by Public Contract Code, Cerritos College must file a Notice of Completion when a project is
completed and all requirements of the contractual agreements are addressed.
This project was substantially complete on June 2, 2014. A Notice of Completion needs to be approved by
the Board of Trustees and filed with the County Recorder.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
Notice of Completion Recording Inland Building Construction Companies, Inc.
Back to Board AgendaBack to Board Agenda
RECORDING REQUEST BY
WHEN RECORDED MAIL TO:
CERRITOS COMMUNITY COLLEGE
DISTRICT, ATTENTION: MARK B. LOGAN
11110 ALONDRA BOULEVARD
NORWALK, CALIFORNIA 90650
SPACE ABOVE THIS LINE RESERVED
FOR RECORDER’S USE
TITLE(S)
NOTICE OF COMPLETION
CERRITOS COMMUNITY COLLEGE DISTRICT
NOTICE IS HEREBY GIVEN, pursuant to the provisions of Section §9200 §9208 of the Civil
code of the State of California, that the CERRITOS COMMUNITY COLLEGE DISTRICT, of
Los Angeles County, as owner of the property known as Cerritos Community College,
located at 11110 Alondra Boulevard, Norwalk, California, caused improvements to be made
to the property to wit: Liberal Arts/DSPS Building Category 16, Bid No. 1112-02 contract
for the doing of which was heretofore entered into on the 4
th
of April, 2012 which contract was
made with Inland Building Construction Companies, Inc., contract number C11-1149, as
contractor; that said improvements were completed on the 2
nd
of June, 2014, and accepted
by formal action of the governing board of said DISTRICT on the 1
st
of October, 2014; that
title to said property is vested in the CERRITOS COMMUNITY COLLEGE DISTRICT of Los
Angeles County, California; that the surety for the above named contractor is International
Fidelity Insurance Company.
I certify or declare under penalty of perjury that the foregoing is true and correct.
CERRITOS COMMUNITY COLLEGE DISTRICT OF LOS
ANGELES COUNTY, CALIFORNIA
By:
Dr. David El Fattal
Vice President of Business Services
Date: ______________________________________
Place of Execution: Norwalk, California
Back to Board AgendaBack to Board Agenda
CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 16
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. David El Fattal
Vice President of Business Services/
Assistant Superintendent
PREPARED BY:
Mark B. Logan
Director of Purchasing
SUBJECT: Consideration of Approval of Notice of Completion for Bid No. 1112-02,
Liberal Arts/DSPS Building Category 17, Fire Protection
ACTION
It is recommended that the Board of Trustees approve the Notice of Completion for Link-Nilsen Corporation
for the Liberal Arts/DSPS Building Category 17 project at Cerritos Community College District as presented.
FISCAL IMPACT
The total final contract amount was $158,406 which was paid by the G.O. Bond.
REPORT SUMMARY
Cerritos College issued a contract to Link-Nilsen Corporation on April 4, 2012. As required by Public Contract
Code, Cerritos College must file a Notice of Completion when a project is completed and all requirements of
the contractual agreements are addressed.
This project was substantially complete on June 2, 2014. A Notice of Completion needs to be approved by
the Board of Trustees and filed with the County Recorder.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
Notice of Completion Recording Link-Nilsen Corporation
Back to Board AgendaBack to Board Agenda
RECORDING REQUEST BY
WHEN RECORDED MAIL TO:
CERRITOS COMMUNITY COLLEGE
DISTRICT, ATTENTION: MARK B. LOGAN
11110 ALONDRA BOULEVARD
NORWALK, CALIFORNIA 90650
SPACE ABOVE THIS LINE RESERVED
FOR RECORDER’S USE
TITLE(S)
NOTICE OF COMPLETION
CERRITOS COMMUNITY COLLEGE DISTRICT
NOTICE IS HEREBY GIVEN, pursuant to the provisions of Section §9200 §9208 of the Civil
code of the State of California, that the CERRITOS COMMUNITY COLLEGE DISTRICT, of
Los Angeles County, as owner of the property known as Cerritos Community College,
located at 11110 Alondra Boulevard, Norwalk, California, caused improvements to be made
to the property to wit: Liberal Arts/DSPS Building Category 17, Bid No. 1112-02 contract
for the doing of which was heretofore entered into on the 4
th
of April, 2012 which contract was
made with Link-Nilsen Corporation, contract number C11-1150, as contractor; that said
improvements were completed on the 2
nd
of June, 2014, and accepted by formal action of the
governing board of said DISTRICT on the 1
st
of October, 2014; that title to said property is
vested in the CERRITOS COMMUNITY COLLEGE DISTRICT of Los Angeles County,
California; that the surety for the above named contractor is Fidelity and Deposit Company
of Maryland.
I certify or declare under penalty of perjury that the foregoing is true and correct.
CERRITOS COMMUNITY COLLEGE DISTRICT OF LOS
ANGELES COUNTY, CALIFORNIA
By:
Dr. David El Fattal
Vice President of Business Services
Date: ______________________________________
Place of Execution: Norwalk, California
Back to Board AgendaBack to Board Agenda
CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 17
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. Mary Anne Gularte
Vice President of Human
Resources/Assistant Superintendent
PREPARED BY:
Dr. Adriana Flores-Church
Director, Human Resources/Risk
Management
SUBJECT: Consideration of Ratification of Resignation Accepted by the President
Mr. Michael Medina, Instructor (Welding Department)
ACTION
It is recommended that the Board of Trustees ratify the President’s acceptance of Mr. Michael Medina’s
resignation from employment effective December 31, 2014.
FISCAL IMPACT
No financial impact.
REPORT SUMMARY
Mr. Michael Medina, Instructor (Welding Department) has submitted a resignation from employment. Mr.
Medina provided notice of his resignation effective December 31, 2014. Human Resources received the
resignation on September 17, 2014 and notified the President’s Office. The President has provided Mr.
Medina written notification of acceptance of his resignation from employment.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
None.
Back to Board AgendaBack to Board Agenda
CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 18
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. Mary Anne Gularte
Vice President of Human
Resources/Assistant Superintendent
PREPARED BY:
Dr. Adriana Flores-Church
Director, Human Resources/Risk
Management
SUBJECT: Consideration of Approval and/or Ratification of Employment of Classified,
Short-Term, Substitute, Professional Expert, and/or Student Hourly
ACTION
It is recommended that the Board of Trustees approve and/or ratify the employment of classified, short-term,
substitute, professional expert, and/or student hourly personnel as presented on the attached list.
FISCAL IMPACT
No additional financial effect. This is budgeted in the General Fund. Some positions are Categorically or
Specially funded as indicated.
REPORT SUMMARY
The attached list of classified, short-term, substitute, professional expert, and/or student hourly personnel is
submitted for approval and/or ratification of employment.
The Office of Human Resources has received and completed the processing of Employment Request forms
for the employment of classified, short-term, substitute, professional expert, and/or student hourly personnel
as indicated on the attached list.
All requirements for employment processing have been completed and the Office of Human Resources has
cleared the individuals for employment.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
Employment of Classified, Short-Term, Substitute, Professional Expert, and/or Student Hourly Personnel
Back to Board AgendaBack to Board Agenda
EMPLOYMENT OF CLASSIFIED, SHORT-TERM, SUBSTITUTE, PROFESSIONAL EXPERT,
AND/OR STUDENT HOURLY PERSONNEL
I. Short-term hourly employment (as needed), variable hours per day not to exceed 25 hours a week, for a period not to exceed June
30, 2015, or 175 total workdays, whichever occurs first
Name
Unit
Classification
Rate
Start Date
Avila, Ruben A.
HPEDA
Laborer (Aides-General)
$9.00/hr
08/18/14
Bui, Donald *
STEM
Instructional Aide II
$13.30/hr (1)
10/02/14
Carrillo, Johanna P. *
Financial Aid
Instructional Aide I
$9.93/hr
10/02/14
Cervantes Ceja, Alex *
Financial Aid
Intermediate Clerk
$9.93/hr
10/02/14
Cervantes, Luis M.
Technology/Woodworking
Instructional Aide II
$13.30/hr
10/02/14
Chong De La Cruz, Isis
Bus/Hum/Soc Sci
Instructional Aide I
$9.93/hr
09/17/14
Chong De La Cruz, Isis
Success Center
Instructional Aide II
$13.30/hr (1)
10/02/14
Crecelius, Danae *
Health Occupations/CDC
Instructional Aide I
$9.93/hr (1)
10/02/14
Davis, Julien M. *
Financial Aid
Clerk
$9.00/hr
10/02/14
Davis, Tadashia T. *
Financial Aid
Instructional Aide I
$9.93/hr
10/02/14
Edwards, Selena B.
Library
Instructional Aide I
$9.93/hr (1)
10/02/14
Esqueda, Genesis
Success Center
Instructional Aide II
$13.30/hr (1)
10/02/14
Hermosillo Enriquez, Carlos
Technology
Instructional Aide II
$13.30/hr (1)
10/02/14
Huang, Fuze *
Adult Education
Community Ed. Specialist
$30.17/hr
08/26/14
Im, Malieng *
DSPS
Special Education (Aides-Special)
$9.00/hr
09/17/14
Katuwal, Bishes *
DSPS
Special Education (Aides-Special)
$9.00/hr
08/25/14
Kennedy, Christina
HPEDA
Theater Production Manager
$16.62/hr
08/18/14
Ku, Sharon
HPEDA
Instructional Aide II
$13.97/hr (2)
08/18/14
Laird, Tiffanie
Human Resources
ASL Interpreter Certified (Aides-Special)
$42.58/hr
10/10/14
1
* Categorically Funded
** Specially Funded
Presented to the Board of Trustees: October 1, 2014
Back to Board AgendaBack to Board Agenda
Name
Unit
Classification
Rate
Start Date
Lopez, Alejandro **
Adult Education
Community Ed. Specialist
$30.17/hr
08/18/14
Martinez Alba, Oscar I.
HPEDA
Laborer (Aides-General)
$9.00/hr
08/18/14
McCoy, Justin
Technology/Woodworking
Instructional Aide II
$13.30/hr
10/02/14
Morcos, Tharwat F. *
Adult Education
Community Ed. Specialist
$30.17/hr
08/26/14
Nieto, Wendy V. *
Financial Aid
Intermediate Clerk
$9.93/hr
10/02/14
Perez, Priscilla *
Financial Aid
Instructional Aide I
$9.93/hr
10/02/14
Peters Mejia, Matthew
Information Technology
Clerk
$9.00/hr
10/02/14
Rodriguez, Natalie
Success Center
Instructional Aide I
$9.93/hr (1)
10/02/14
Sanchez, Margarita *
Financial Aid
Intermediate Clerk
$9.56/hr
10/02/14
Shim, Jung Jin *
Financial Aid
Instructional Aide I
$9.93/hr
10/02/14
Silveyra, Diana E.
SEM
Tutor
$9.00/hr
10/02/14
Walczak, Elizabeth B.
Student Activities
Student Activities Clerk
$9.93/hr
08/18/14
William, Marena E.
Library
Instructional Aide I
$9.93/hr (1)
08/18/14
Williams, Harry C. **
Community Ed.
Program Facilitator
$14.32/hr
10/02/14
Zhang, Jie
Success Center
Instructional Aide II
$13.97/hr (2)
10/02/14
Zhou, Mo
Success Center
Instructional Aide II
$13.97/hr (2)
10/02/14
2
* Categorically Funded
** Specially Funded
Presented to the Board of Trustees: October 1, 2014
Back to Board AgendaBack to Board Agenda
CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 19
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. Mary Anne Gularte
Vice President of Human
Resources/Assistant Superintendent
PREPARED BY:
Dr. Adriana Flores-Church
Director of Human Resources/Risk
Management
SUBJECT: Consideration of Approval of Employment of Temporary and/or Substitute
Hourly Faculty Personnel, as needed for 2014-2015 Academic Year
ACTION
It is recommended that the Board of Trustees approve the employment of temporary and/or substitute
hourly faculty personnel as needed for the 2014-2015 academic year and as presented on the attached list.
FISCAL IMPACT
No additional financial effect. This is budgeted in the General Fund.
REPORT SUMMARY
The attached list of Temporary and/or Substitute Hourly Faculty Personnel is submitted for approval of
employment.
The Office of Human Resources has received and completed the processing of employment request forms
for the employment of temporary and/or substitute hourly faculty personnel as indicated on the attached
list.
All requirements for employment processing have been completed and the Office of Human Resources
cleared the individuals for employment.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
Employment of Faculty, Temporary Part-Time 2014-2015 Academic Year
Back to Board AgendaBack to Board Agenda
*NH=New Hire, RE=Reemployed
Presented to the Board: October 1, 2014
1
I. COMMUNITY EDUCATION AND ADULT EDUCATION
Part-Time Instructors Salary
Name Status* Discipline Placement** Rate
Huang, Fuze Mike RE Preparatory Mathematics 6BD 69.85
II. FINE ARTS/COMMUNICATIONS
Part-Time Instructors Salary
Name Status* Discipline Placement** Rate
Bunn, Anita RE Photography 1BM 53.29
III. HEALTH OCCUPATIONS
Part-Time Instructors Salary
Name Status*
Discipline Placement** Rate
Schmidt, Clifford RE Medical Assisting 6BB 65.20
Rosenkrantz, Sarah NH Culinary Arts 1AB 51.49
IV. LIBERAL ARTS
Part-Time Instructors Salary
Name Status*
Discipline Placement** Rate
Navarro, David NH Reading 1AM 53.29
V. TECHNOLOGY
Part-Time Instructors Salary
Name Status*
Discipline Placement**
Rate
Narusuwa, Gary NH Automotive Mechanical 1AB 51.49
Roehrs, Kurt RE Automotive Collision Repaid 1AB 51.49
FACULTY: TEMPORARY PART-TIME
2014-2015 ACADEMIC YEAR
Back to Board AgendaBack to Board Agenda
*NH=New Hire, RE=Reemployed
Presented to the Board: October 1, 2014
2
Salary Placement Explanation
**
Instructors:
1AB=1st Semester-Bachelors, 1AM=1st Semester-Masters, 1AD=1st Semester-Doctorate
1BB=2nd Semester-Bacherlors, 1BM=2nd Semester-Masters, 1BD=2nd Semester-Doctorate
2AB=3rd Semester-Bachelors, 2AM=3rd Semester-Masters, 2AD=3rd Semester-Doctorate
2BB=4th Semester-Bachelors, 2BM=4th Semester-Masters, 2BD=4th SemesterDoctorate
3AB=5th Semester-Bachelors, 3AM=5th Semester-Masters, 3AD=5th Semester-Doctorate
3BB=6th Semester-Bachelors, 3BM=6th Semester-Masters, 3BD=6th Semester-Doctorate
4AB=7th Semester-Bachelors, 4AM=7th Semester-Masters, 4AD=7th Semester-Doctorate
4BB=8th Semester-Bachelors, 4BM=8th Semester-Masters, 4BD=8th Semester-Doctorate
5AB=9th Semester-Bachelors, 5AM=9th Semester-Masters, 5AD=9th Semester-Doctorate
5BB=10th Semester-Bachelors, 5BM=10th Semester-Masters, 5BD=10th Semester-Doctorate
6AB=11th Semester-Bachelors, 6AM=1th Semester-Masters, 6AD=11th Semester-Doctorate
6BB=>12 Semesters-Bachelors, 6BM=>12 Semesters-Masters, 6BD=>12 Semesters-Doctorate
Counselors and Librarians:
1CM=1st Semester-Masters, 1CD=1st Semester-Doctorate
1DM=2nd Semester-Masters, 1DD=2nd Semester-Doctorate
2CM=3rd Semester-Masters, 2CD=3rd Semester-Doctorate
2DM=4th Semester-Masters, 2DD=4th Semester-Doctorate
3CM=5th Semester-Masters, 3CD=5th Semester-Doctorate
3DM=6th Semester-Masters, 3DD=6th Semester-Doctorate
4CM=7th Semester-Masters, 4CD=7th Semester-Doctorate
4DM=>8 Semesters-Masters, 4DD=>8 Semesters-Doctorate
Back to Board AgendaBack to Board Agenda
APPROVED
1
CERRITOS COLLEGE
COORDINATING COMMITTEE MINUTES
September 8, 2014
PRESENT:
Dr. David El Fattal
ABSENT:
Dr. Linda Lacy
Dr. JoAnna Schilling
Dr. Mary Anne Gularte
Dr. Stephen Johnson
Lynn Laughon
David Fabish
Carla Yorke
Michelle Lewellen
Dr. Solomon Namala
Armando Soto
Scott O’Neil
David Ward
Miles Aiello
Julie Mun
GUEST(s):
Mark Fronke
I. MEETING CALLED TO ORDER
Dr. El Fattal called the meeting to order at 1:04 p.m.
II. PUBLIC COMMENTS None
III. INTRODUCTION OF NEW EMPLOYEES & ANNOUNCEMENT OF
EMPLOYMENT OPPORTUNITIES
Employment Opportunity
Closing Date
Budget Technician
10/1/14
Information regarding all employment opportunities is posted on the Human Resources
webpage.
IV. APPROVAL OF MINUTES August 25, 2014
It was moved by Mr. Fabish and seconded by Mr. Soto to approve the August 25 minutes.
The vote for approval was 7-0-2: Mr. O’Neil and Mr. Ward abstained; Dr. Schilling and Dr.
Namala were not present for the vote.
V. BOARD AGENDA September 17, 2014
Dr. El Fattal distributed the draft September 17 Board Agenda. He stated that a board study
session to discuss Accreditation is scheduled for September 18 to begin at 6:30 p.m.
Dr. Namala requested information regarding the basis for management reclassifications for
two management employees. Dr. El Fattal stated that management completed the same
process as classified staff; applications were reviewed by a reclassification committee and
consultant, recommendations were forwarded to the Executive Council, and the approved
requests are now being presented to the board for consideration of approval.
There were no further questions about the agenda.
Back to Board AgendaBack to Board Agenda
APPROVED
2
VI. ITEMS FROM INSTITUTIONAL COMMITTEES
Planning and Budget
Dr. Schilling distributed the attached June 19 meeting minutes. She stated that the
committee reviewed the draft 2014-2015 Strategic Plan and provided feedback. The draft
plan was then presented to the Board of Trustees as a discussion item and feedback from the
board was discussed at the September 4 committee meeting. The committee reviewed
survey results for the May 9 Strategic Planning Retreat and also reviewed Program Review
Plus, the software program that will eventually replace Planning Plus. Dr. Schilling stated
that a Faculty Ranking Task Force will be appointed to review criteria for the faculty ranking
process and develop recommendations for improvement.
Dr. El Fattal stated that three campus budget forums were scheduled to provide constituents
and the community with opportunities to ask questions and provide feedback regarding the
2014-2015 adoption budget. He stated that this is a good budget year and that the college is
fiscally sound. However, an item of concern for future years is the unfunded STRS liability
which is shared by three sources that currently fund STRS; the state, employers, and
employees. The rate for employers and employees will be increasing annually and it has
been legislated that in 2020-2021, the employer rate will increase from the present 8.5% to
19.10% for an approximate increase of $4.3 million annually. In comparison, the 2014-2015
employer rate increased to 9.5% for an approximate increase of $250,000. The annual rate
increases will be additional ongoing costs for the college’s budget.
Ms. Lewellen questioned whether COLA funds are used to fund the STRS liability and that
faculty will have to pay for increases in employee rates out of their own pockets. Dr. El
Fattal stated that COLA funding is far less than the increasing costs and that although both
employers and employees will be facing STRS rate increases, the employer rate increases are
far more substantial.
VII. ITEMS FROM FACULTY SENATE STANDING COMMITTEES
Instructional Program Review
Mr. Fronke distributed the attached January 21, February 4, February 18, April 1, April 25,
and May 6 meeting minutes. He stated that in 2013-14, the ESL, pharmacy technology,
library instruction and resources, physical therapist assistant, philosophy, woodworking
manufacturing technology, women’s studies, and anthropology departments completed the
instructional program review process. The programs scheduled for review this year include
economics, theatre/film, business accounting, art and design, child development, physical
education, psychology, earth sciences, and cosmetology. Mr. Fronke has met with each
department chair, and the business accounting and psychology programs have already
submitted their draft reports. He also stated that the real estate program began the program
review process in 2011-2012, but has yet to complete its self-study.
Mr. Fronke stated that at its September 2 meeting, the committee reviewed its goals as they
relate to college strategic goals and activities and also reviewed Program Review Plus, the
software program that will eventually replace Planning Plus. Mr. Fronke has been meeting
with the programmer during the development of this new computerized program and he
stated that the meetings were very productive, and the goal is to have a working prototype in
place by the end of this semester so that it can be rolled out to faculty in spring 2015 to
begin planning activities for academic year 2015-2016. The committee also discussed the
Back to Board AgendaBack to Board Agenda
APPROVED
3
importance of SLOs and program outcomes, and Dr. Frank Mixson will begin attending
future meetings to provide assistance in this area.
Mr. Soto questioned whether there will be consequences for the real estate program. Mr.
Fronke stated that program review is directly linked to planning, which is linked to resource
allocation, and that without program review this connection is broken. The committee has
developed recommendations for sanctions for non-compliant departments that include
denial of requests for resource allocation (i.e. human resources, Perkins grant funds). He
stated that the committee will continue to work with the program to complete its self-study.
VIII. STATUS OF SHARED GOVERNANCE
Proposed New Board Policy 2800 Student Success Funds From Vintage Cerritos
Community College District
Dr. El Fattal stated that at its August 25 meeting, the committee requested that the language
be clarified to state that the funds cannot be used for ongoing personnel costs but may be
used for stipends for teaching improvement workshops or activities, and that language be
revised to be less restrictive so that in emergency situations, the board may authorize
utilizing the funds for purposes outside the scope outlined in the proposed new policy.
The committee reached consensus to forward proposed new BP 2800 to the Board of
Trustees. Mr. Aiello was not present for the discussion.
Consideration of Approval of 2014-2015 Strategic Plan
Dr. Schilling stated that goals and activities were developed at the annual strategic planning
retreat on May 9, 2014. A total of 87 employees and board members (3 board, 33 managers,
33 faculty, 18 classified/confidential) reviewed the 2013-2014 college strategic goals to
develop goals and activities for 2014-2015.
The draft plan was reviewed and discussed by the board at its July 16 regular meeting.
Thereafter, the draft plan, along with feedback from the board, was presented to and
reviewed by the Planning and Budget Committee at its September 4 meeting. The plan is
now being presented to the Coordinating Committee for approval.
Mr. Soto questioned whether Instructional Programs Goal 3 is related to success rates and
outcomes for non-credit assessment preparation courses AED 49.01 Preparatory Math
(formerly Math 20) and AED 48.05 College English Skills (formerly English 15), and
whether those classes will eventually revert to credit courses. Dr. Schilling stated that this
topic is not related to the goal and that she will provide counselors with requested data. Dr.
Namala stated that he and Mr. Soto discussed the significance of moving these courses to
AED, and expressed his concern that students may face difficulties in maintaining
Satisfactory Academic Progress (SAP) Standards for financial aid by taking a non-credit
class. Dr. Johnson stated that federal regulations have changed significantly during the past
few years due to lifetime eligibility used (LEU) limitations. The overarching concern is that
students may be ineligible for financial aid when transferring because they have already
received the maximum LEU by taking basic skills and developmental education classes. Dr.
Schilling stated that community colleges face multiple layers of problems in providing
support for basic skills students. Mr. Soto stated that this is an ongoing discussion topic for
the Developmental Education Committee and that many students are taking an extra class to
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APPROVED
4
receive the most financial aid possible and that they have no incentive to take a non-credit
course.
It was moved by Mr. O’Neil and seconded by Mr. Soto to approve the attached 2014-2015
Strategic Plan. The vote for approval was unanimous. Mr. Aiello was not present for the
vote.
IX. REPORTS FROM COORDINATING COMMITTEE MEMBERS
Mr. Aiello stated that ASCC Senate elections are scheduled for Wednesday and Thursday of
this week. He requested that faculty reach out to students to encourage them to get involved
in ASCC and reap the benefits of learning about leadership. He stated that during summer,
he and ASCC Vice President Charles Caguioa developed a draft mission/vision statement
and core values to serve as a foundation for the restructuring of ASCC. The statements will
be presented to the ASCC Senate for consideration of adoption. Mr. Aiello also stated that
in the past, the Student Veterans Club organized activities for Veterans Day; however, with
the goal of increasing faculty and student participation as well as increasing recognition for
veterans, ASCC and additional student clubs have worked collaboratively to schedule an
event for Monday, November 10 to begin at 11:00 a.m. in the Falcon Square. Mr. Aiello also
announced that a Go Green Committee meeting is scheduled for Wednesday, September 17.
Ms. Lewellen stated that Julie Bathke, Sabbatical Leave Committee chair, is scheduled to
attend the September 9 Faculty Senate meeting to discuss and recommend that the senate
approve revised directions for sabbatical leave abstracts to reflect that at least one sentence
must relate to student success. She stated that this will address concerns expressed by the
board.
Dr. Johnson stated that the Veterans Resource Center will be moving into the old ISC
building on September 15 and that an open house announcement will follow.
Mr. O’Neil stated that the STEM open house is scheduled for September 26.
X. PRESIDENT’S REPORT None
XI. ADJOURNMENT
Meeting adjourned at 1:52 p.m.
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Approved 09/04/14
CERRITOS COLLEGE
COLLEGE COMMITTEE ON PLANNING AND BUDGET
MEETING MINUTES
JUNE 19, 2014
Present:
David El Fattal
Sandy Marks (for Dr. Dan Smith)
Dr. JoAnna Schilling
Danylle Williams-Manser (for Lynn Laughon)
Dr. Mary Anne Gularte
Etta Walton
Dr. Lucinda Aborn
Carla Yorke
Dr. Carolyn Chambers
Linda Kaufman
Lee Krichmar
Tim Nguyen
Absent:
Dr. Stephen Johnson
Dr. Solomon Namala
Dr. Stephen Clifford
Deb Moore
Dr. Dan Smith
Bill Sparks
Mark Fronke
Lynn Laughon
Adelle Krayer
Alejandra Lopez
Michelle Lewellen
1. CALL TO ORDER
Mr. El Fattal called the meeting to order at 2:06 p.m.
2. APPROVAL OF MINUTESMay 15, 2014
It was moved by Dr. Schilling and seconded by Dr. Aborn to approve the May 15
minutes. Dr. Chambers, Ms. Marks, Ms. Manser-Williams and Ms. Walton abstained.
The minutes were approved as presented.
3. 2014-15 STRATEGIC GOALS
Dr. Schilling provided an overview of the 2014-15 Draft Strategic Plan. She noted that
the activities for Goal 1 Student Engagement will be refined and a survey will be
created to assess participation of iFALCON. Dr. Schilling asked the committee to
review the draft and provide any input by June 30. The 2014-15 strategic plan will be
brought back to this committee in September. Ms. Krichmar suggested that each
activity have only one owner.
4. 2014-15 TENTATIVE BUDGET REVIEW
Mr. El Fattal provided an overview of the 2014-15 Tentative Budget. He highlighted
the following:
2014-15 Budget Timeline
Key Elements of 2014-15 Tentative Budget
State Budget Approved by Legislature
Total Expenditures Budget by Fund
Key Revenue Assumptions
Key Expenditure Assumptions
Budgets by Fund
1
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Approved 09/04/14
Revenue information:
COLA is .85%. Estimated funding for Cerritos: $624,360
Enrollment Growth estimated for Cerritos: $1,979,640
Student Success & Support Program: This augmentation requires 2:1 match for
these funds. Estimated funding for Cerritos: $1,352,938
Reduced funding amount for “Close achievement gaps in access and
achievement in underrepresented student groups. The estimated funding for
Cerritos: $947,056
Reduced funding amount for scheduled maintenance. The estimated funding
for Cerritos: $2,086,800
DSPS estimated funding: $427,182 (restricted fund).
2015-16 Proposed revenue increase: $146,197 for the CDCP Funding rate
increase (career development and college preparation)
Expenditure Information:
A change in the STRS rate will add an additional general fund expense of
$250,740 for 2014-15, with additional increases in subsequent years
Special Revenue Funds (Fund 39.x): Sub funds are now in place for improved
transparency
Total Vacant Positions Budgeted: 49.17 (27 Bargaining Unit Employees,
excludes classified managers); Unrestricted General Fund: 34.37; Other
restricted fund: 14.80. All these positions are either in the process of being
filled or will be filled in the future. Mr. Delawalla stated that the vacant
positions were comprised of approximately 13.77 faculty; 27.19 classified
bargaining unit employees; 7 managers (1 already filled, total 8)
It was noted that the 2015/16 Projected Budget for Capital Outlay, the number
should be 1,243,988. The deficit shown for 2015-16 (902,579) and 2016-17 of
(3,529,866) is primarily from the STRS rate increase
Transfers Out: 69.1 Retiree Health Benefit Fund = $500,000
Transfers Out: 69.2 SRP Fund = $1,000,000. This fully funds the liability for
the two SRPs. There is no further need to transfer additional monies for the
SRPs. Three years of payments remain for the total liability of the SRPs.
The sales tax portion of Prop. 30 is scheduled to sunset in December, 2016.
Mr. El Fattal stated that STRS rate is increasing for both employers and employees in
California. He noted that in 2013-14 the employer rate is 8.25%. In 2014-15 the rate
goes to 8.88% with an additional projected ongoing cost by fiscal year for Cerritos
College of $250,740. Each year the percentage increases. It is estimated that by
2020-21 the employer rate will be 19.10% with the additional projected ongoing cost
to be $4,318,300 each fiscal year for Cerritos College. This is an institutional cost and
the college will have to budget this item each year.
Resource Allocation:
Mr. El Fattal reviewed the 2014-15 resource allocation sheet. He noted that this list
went through the resource allocation process. The college has received new monies
for scheduled maintenance and instructional equipment. The dollar figures and
2
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Approved 09/04/14
possible funding sources shown on the resource allocation sheet may change as the
budget becomes final in September. Once the student equity plan is approved, the
Board has requested flexibility of the student equity funds so there is money available
to fund items. Dr. Aborn inquired how that relates to the student success dollars. Mr.
El Fattal replied that student success has $1.3 million in new money and there is
$605,000 that has been identified in resource allocation. The money will be spent.
Dr. Schilling further explained that there was already $900,000 in 3SP funds that were
allocated and the college is receiving an additional $1.3 million. There is a need to
look at the overall budget for 3SP. The allocated money shown on the resource
allocation sheet is just for the current identified items. This does not affect categorical
money. Dr. Aborn noted that when reviewing the new positions that were authorized
in the budget, could the additional monies in those two funds pay for the new
personnel? Mr. El Fattal replied yes. Mr. Delawalla added that that the exact budget
numbers will not be known until the end of July. Dr. Gularte commented that the
college has received funding to make an effect on the long list of resource allocation
requests. Dr. Schilling added that the Faculty Obligation Number (FON) for next year
is 240. The college exceeded its anticipated FON of 259 and presently stands at 266.
She noted that she does not know what effect this will have on hiring for next year.
5. ITEMS FROM THE FLOOR
Dr. Aborn inquired what the next steps for the student equity plan are, and what is
the role of the Planning and Budget Committee? Dr. Schilling replied that the activities
that each group discussed at the retreat are being compared to the activities that are
already in the strategic plan. The student equity plan will then come back to the
Planning and Budget Committee for review. Dr. Johnson is writing the report and
hopes to submit the report at the end of September. Dr. Aborn noted that the five
initiatives were discussed in separate work groups, and we need to ensure that the
constituent groups have an opportunity for input.
Dr. Aborn asked how the college is planning to address any recommendations that
come from the accreditation process and how is the college going to incorporate those
recommendations into the strategic plan. Dr. Schilling replied that there is a
bookmark in the accreditation for the strategic plan. Also, the Accreditation
Committee is meeting in July to address the first stage of what the college is going to
do. The Accreditation Committee will be the action committee to disseminate
information and ensure staff are working on things. The planning and budget
committee will be reviewing the information as part of the strategic plan.
6. NEXT MEETING
The next meeting is scheduled for September 4, 2014.
7. ADJOURNMENT
The meeting was adjourned at 3:06 p.m.
3
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CERRITOS COLLEGE
PROGRAM REVIEW
TO: Members of the Program Review Advisory Committee
FROM: Miriam Tolson, Program Assistant
DATE: January 22, 2014
SUBJECT: January 21 Minutes of IPR Meeting
In attendance at the meeting were:
Mark Fronke, Chair
Carl Bengston
Lisa Boutin
Angela Conley
Jan Connal
Kathy Hogue
Amy Jennings (for Tim Nguyen)
Ernest Lew
Terry Price
Dr. Patricia Robbins Smith
Stephanie Rosenblatt
Absent
Daniel Gomez
Doug Haynes
Dr. Cynthia Lavariere
Rachel Mason
Tim Nguyen (Non-Voting)
Guests
Julie Bathke
Valeria Christensen
Sandy Marks
1. Physical Therapist Assistant - The Presentation was presented by department
Chair, Julie Bathke and Faculty Member Valeria Christensen. The division Dean
Sandy Marks was also present. A summary of the presentation is listed at the end of
the minutes. A Motion was made by Angela Conley and Seconded by Carl
Bengston to approve the review. The committee unanimously approved the review
as presented. The committee will follow-up with submitting the approval and
feedback forms to the department.
2. Approval of Minutes 12-03-13 A Motion was made by Stephanie Rosenblatt
and Seconded by Angela Conley to approve the minutes of 12-03-13. The
committee unanimously approved the minutes as presented. There was one
abstention.
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3. Updates on Programs 2013-14 Mark Fronke has received the draft report from
Carl Stammerjohn in the Woodworking department and has submitted it to Patricia
Robbins Smith and Rachel Mason for feedback pending responses. There is no
additional update on the Philosophy department. The department is scheduled for
their review 2-4-14. Mark Fronke heard from Amy Holzgang regarding the Women’s
Studies department draft which is scheduled to be submitted February 1. There
was no additional update on the Anthropology department. The liaison
assignments were updated and Carl Bengston will replace Maggie Cordero’s liaison
assignments. Maggie Cordero accepted a position at Santiago Canyon College.
4. Program Review Workbook Workshop The Committee reviewed the Workbook
and discussed the proposed changes and were encouraged to give their input. The
edits discussed will be compiled and submitted back to the committee for review.
Pertinent timeframes were revised as discussed, and the changes were clarified
during discussion. The appendices were revised as needed. Mark will submit the
changes to Miriam to finalize and submit the updates to the committee. Mark also
updated the Phase II timelines and deletions were made as needed.
5. Items From the Floor Mark Fronke updated the committee on his term ending the
end of the school year and made the committee aware if anyone is interested in
being the committee Chair. Mark also updated the committee on the announcement
that was made at the last Planning and Budget meeting indicating that Unit Planning
will no longer use the previous SWOT analysis and will instead use the information
that Program Review has developed since the information is driven by the Program
Review committee. The committee was given a homework assignment to make sure
that the departments are all covered in their divisions under the “Six Year Cycle”.
Angela Conley made a comment regarding her vision to eliminate paper grades.
There will be a survey submitted. The Math department is striving towards an eco-
friendly plan to eliminate the excess paperwork.
6. Adjournment The meeting was adjourned at 4:30 P.M.
Next Meeting Scheduled for
Tuesday, February 4, 2013
3:00 P.M.
BE 119
Physical Therapist Assistant Presentation
The Physical Therapist department discussed the career path and job market for the
Physical Therapist Assistants. The department noted the attraction to the field and the
rapid turnover. The program is very strong and the field is very competitive. There are
over 350 applicants for only 52 spots. The pool is growing and has tripled with
applicants. The student applicants are very qualified, have high grade point averages,
as well as a fair amount of college work and sometime numerous degrees. The
department is challenged with numerous applicants and only two instructors to review
the forms which becomes cumbersome and time consuming. There are currently three
degree levels and some even hold doctoral degrees. Not only does the field include
certifications, but there are state licensing and board exams. Beginning this year there
is direct access in California to see a Physical Therapist without the referral to a doctor.
The department discussed their SWOT analysis which incorporated the department
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goals. There was mention that the competing proprietary programs do allow
certifications without Associate degrees and are gaining accreditation; however if not
accredited can’t sit for the licensing exam. Cerritos College is the only public PTA
program in the Los Angeles area between our area, Visalia and San Diego. The
internships are a total of 3-6 weeks. The internships have unpaid as well as unpaid
supervisors. Professional development offsets some of the competition. There must be
a Physical Therapist on site to back the PTA. The PTA’s are becoming more and more
independent. The department concluded that the job field is promising. The majority of
the PTA’s already have a job lined up before they complete the program.
The presentation concluded with questions and comments from the committee. The
department’s goals and final review will be available for review on the Program Review
Committee’s website.
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CERRITOS COLLEGE
PROGRAM REVIEW
TO: Members of the Program Review Advisory Committee
FROM: Miriam Tolson, Program Assistant
DATE: February 12, 2014
SUBJECT: February 4 Minutes of IPR Meeting
In attendance at the meeting were:
Mark Fronke, Chair
Carl Bengston
Lisa Boutin
Angela Conley
Doug Haynes
Kathy Hogue
Dr. Cynthia Lavariere
Rachel Mason
Tim Nguyen
Michael Pierini
Terry Price
Stephanie Rosenblatt
Absent
Jan Connal
Daniel Gomez
Dr. Patricia Robbins Smith
Guests
Ana Torres-Bower
1. Philosophy Presentation - The Presentation was presented by department Chair
Ana Torres-Bower. A Motion was made by Angela Conley and Seconded by
Stephanie Rosenblatt to approve the review. The committee unanimously approved
the review as presented. The committee commended the department on the best
goals that have been presented, and on an excellent report. The committee will
follow-up with submitting the approval and feedback forms to the department.
2. Approval of Minutes 01-21-14A Motion was made by Kathy Hogue and
Seconded by Carl Bengston to approve the minutes. The committee unanimously
approved the minutes as presented. There were three abstentions.
3. Updates on Programs 2013-14 Mark Fronke has received the final draft report
from Carl Stammerjohn in the Woodworking department and has forwarded it to the
liaison team. Mark Fronke heard from Amy Holzgang regarding the Women’s
Studies department draft and Rachel Mason confirmed that the final is close to the
two week completion date. Terry Price met with Amy also. Mark continues to have
a challenge reaching Mark Abbruzzese in the Anthropology department. Rachel
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Mason confirmed that she has met with the instsructor and he has a fairly good draft.
She is attempting to connect with him again since their prior meeting. Cynthia
Lavariere will also send out an email to him as a follow-up.
4. Finalize IPR Workbook for 2014-15 The committee discussed the additional edits
to the workbook and there were recommendations to have a process for the
departments while writing their reports, which would provide guidelines. The
committee discussed having the SWOT analysis as a priority and then listing the
goals. The committee agreed that since the document would be updated annually
then the SWOT analysis would be the meat of the report. Mark Fronke reminded the
committee of JoAnna Schillings statement at the Planning and Budget meeting to do
away with the Unit Planning and leaving the SWOT analysis in Program Review. .
Mark Fronke polled the committee members regarding their availability to attend a
working session to discuss and establish the Self-Study process. The sub-
committee will meet on Tuesday, 2-11-14 at 3:00 P.M. Miriam will confirm the room
availability and follow-up with the committee members that were absent to see who
will attend on Tuesday, 2-11-14 at 3:00 P.M. The sub-committee will report to the
committee on the results of the meeting.
5. Review of Programs Scheduled for 2014-15 - The committee reviewed the Six-
year cycle and discussed the programs that will be upcoming for the next school
year. The departments in question will be followed-up by Mark Fronke, Angela
Conley, Michael Pierini for their divisions. Some of the programs in question were
Technical Math, EMT, and New Product Development. Once the programs are
confirmed, Mark Fronke will send out a notice to the department scheduled for the
upcoming school year as a notification. Miriam will provide the meeting schedule for
2014-15 at the next meeting so the programs can be scheduled into the meeting
timeframe. The departments that rescheduled their reviews from this year will be
included in the schedule.
6. Items From the Floor There were no items to discuss.
7. Adjournment The meeting was adjourned at 4:30 P.M.
Next Meeting Scheduled for
Tuesday, February 18, 2013
3:00 P.M.
BE 119
Philosophy Presentation
The Philosophy department Chair, Ana Torres-Bower was very enthusiastic about the
programs the department offers as well as the career opportunities. The department
informed the committee that many people are unaware of famous people that hold
Philosophy degrees. It was noted that the degree covers the legal field including
attorneys, FBI Agents, and a wide range of lucrative careers. The department’s goals
were itemized thoroughly and discussed. The department noted that they have one of
the highest retention rates in the United States. The department has a working tool in
their monthly meetings to track the progress of their SLO’s. The department is
proficient with the SLO Assessment and their process was highly commended by Mark
Fronke. Ana Torres-Bower noted that it is advantageous to her with being on the SLO
committee and that the faculty are all in high gear with following the processes and
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timelines. The department was commended on having the best developed goal forms
the committee has seen. The committee congratulated the department on their efforts
with the tremendous amount of time that was invested in the program review beginning
well in advance of any of the deadline dates as well as the numerous meetings they
have held with the liaison team and the division dean on a regular basis in preparation
for the review. The committee members were impressed with the review and informed
the department that all of their efforts have very well paid off.
The program review concluded with a distribution from Ana Torres-Bower with
numerous brochures, flyers, and department information for each committee member.
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CERRITOS COLLEGE
PROGRAM REVIEW
TO: Members of the Program Review Advisory Committee
FROM: Miriam Tolson, Program Assistant
DATE: February 19, 2014
SUBJECT: February 18 Minutes of IPR Meeting
In attendance at the meeting were:
Mark Fronke, Chair
Carl Bengston
Angela Conley
Jan Connal
Doug Haynes
Kathy Hogue
Ernest Lew
Tim Nguyen
Terry Price
Stephanie Rosenblatt
Dr. Patricia Robbins Smith
Graciela Vasquez
Absent
Lisa Boutin
Daniel Gomez
Dr. Cynthia Lavariere
Rachel Mason
Guests
Carl Stammerjohn
Anthony Fortner
Nick Real
1. IntroductionsThe Woodworking department and committee members introduced
themselves and Mark Fronke welcomed new committee member Graciela Vasquez.
2. Woodworking Presentation - Department chair Carl Stammerjohn and faculty
member Anthony Fortner presented the review. A Motion was made by Mark Fronke
and seconded by Terry Price to approve the review. The committee unanimously
approved the review as presented. Miriam will follow-up with submitting the approval
and feedback forms to the department.
3. Approval of Minutes 02-04-14A Motion was made by Doug Haynes and
Seconded by Carl Bengston to approve the minutes. The committee unanimously
approved the minutes as presented.
4. Updates on Programs 2013-14 Mark Fronke has been in touch with Amy
Holzgang regarding the Women’s Studies. The department’s review will be
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presented at the upcoming meeting. Miriam informed Mark Fronke that she saw
Mark Abbruzzese with the Anthropology department at an earlier meeting and he
confirmed that he would be submitting his draft to Mark Fronke.
5. Finalize IPR Workbook for 2014-15 The committee had a thorough discussion
regarding the final changes, and came to an agreement on the wording and
emphasis needed to bring clarity to the departments in preparation of their reviews.
6. Review of Programs Scheduled for 2014-15 Mark prepared a list with the
programs scheduled for 2014-15. The following departments will be reviewed next
year in sequential order: Accounting, Child Development, Psychology, Medical
Assistant, Cosmetology, Earth Sciences, P.E., Economics, Art and Design,
Machine Tool Technology, and Theater Arts. The committee established the
review dates for each department. The liaison list will be developed at a future
meeting. Mark Fronke will prepare the corresponding dates to include the draft due
date, final report due date so each department is aware of all three deadlines. Mark
will send a notification memo to all of the participants on the 2014-15 schedule.
7. Items From the Floor There were no items to discuss.
8. Adjournment The meeting was adjourned at 4:25 P.M.
Next Meeting Scheduled for
Tuesday, April 1, 2014
(March 4, Meeting cancelled)
3:00 P.M.
BE 119
Woodworking Presentation
The Woodworking department Chair, Carl Stammerjohn and instructor Anthony Fortner
gave a thorough description of their goals. Since there are numerous amount of goals,
the committee recommended further prioritization. The department mentioned the
range of opportunities in the workforce being very broad starting with the entry level
positions and ranging to the high end positions. The demand continues to be in mostly
limited to those two ranges. The field also offers many options for small business
ownership. One of the biggest challenges the department faces is the fact that many of
the students are considered lifelong learners and fall into the category where the core
indicators do not apply. Many of the students who are considered lifelong learners have
already earned a degree.
Safety concerns with equipment use, and shortage of hourly staff due to budget cuts is
of great concern. The hourly staff assist students when using the equipment, and
especially new students where the new tools and equipment are being introduced. The
hiring preference is for part-time employees versus hourly due to commitment, reliability
and stability. The program continues to increase in student placements, so there is a
great impact on the effects of the 40/% budget decrease impact. The committee
recommended that the department request funds through the College Foundation as an
option; however due the nature of the academic program, grants and funding
requirements are not met.
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The college program continues to be vital, especially since neighboring colleges are no
longer offering the program. Trade Technical College who previously offered the
program has now limited their offerings to carpentry, and their cabinetry program was
closed, also Long Beach College has closed their department entirely.
The rare logistics involved with the department do not impact other academic
departments. An example would include hauling and transporting equipment and
college parking challenges due to this.
The committee made recommendations to the department with solutions to address
some of the department’s unique challenges and suggested tangible ways that the
department could justify their concerns. Displaying evidence on YouTube by presenting
some of the processes of concern, and documenting facts was advised.
The review concluded with a brief question and answer session.
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CERRITOS COLLEGE
PROGRAM REVIEW
TO: Members of the Program Review Advisory Committee
FROM: Miriam Tolson, Program Assistant
DATE: April 9, 2014
SUBJECT: April 1 Minutes of IPR Meeting
In attendance at the meeting were:
Mark Fronke, Chair
Lisa Boutin
Doug Haynes
Dr. Cynthia Lavariere
Rachel Mason
Michael Pierini
Terry Price
Stephanie Rosenblatt
Dr. Patricia Robbins Smith
Graciela Vasquez
Absent
Carl Bengston
Angela Conley
Jan Connal
Daniel Gomez
Kathy Hogue
Tim Nguyen
Guests
Amy Holzgang
Julie Davis
Julie Trager
1. IntroductionsThe Women’s Studies department and committee members
formally introduced themselves.
2. Women’s Studies Presentation - Department chair Amy Holzgang presented the
review along with instructors Julie Davis and Julie Trager. A Motion was made by
Terry Price and Seconded by Doug Haynes to approve the review. The committee
had a brief discussion regarding edits on the goals. The committee unanimously
approved the review pending the agreed updates. The department will make the
changes and submit the updates to the liaison team and committee chair.
3. Approval of Minutes 02-18-14A Motion was made by Doug Haynes and
Seconded Stephanie Rosenblatt by to approve the minutes. The committee
unanimously approved the minutes as presented.
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4. Anthropology Final Draft Mark Fronke reminded the committee that the
Anthropology review final had been received, and the department is scheduled for
their review at our next meeting in two weeks on 4-15-14. As Mark recommended,
the liaisons agreed to submit their comments to Mark Abbruzzese, department chair
on the final review as soon as possible to allow time for final edits.
5. Machine Tool TechnologyDue to the resignation of the department chair, Nick
Real, Dean of Technology requested to have the review postponed for one year.
The committee agreed by consensus to postpone the review as requested due to the
circumstances.
6. Review of Programs Scheduled for 2014-15 Mark updated the committee on the
status of the Planning Forms that he has received for the departments scheduled for
reviews next year. Several of the departments are still pending their submittal of the
forms. Mark submitted an email reminder to those departments this morning.
7. Liaison Assignments 2014-15The committee members in attendance
volunteered for the departments. Mark will update the grid and distribute it to the
committee at a future date.
8. Items From the Floor Mark informed the committee that he just received a final
draft of the Real Estate department’s review which was not finalized from 2011-12.
The review draft needs to be reviewed and any necessary comments need to be
submitted to the department chair, Mary Ellen Brady. Stephanie Rosenblatt will take
the lead liaison assignment with Dr. Cynthia Lavariere who was involved on the
initial liaison team. The team will copy Mark Fronke on any correspondence. A two
week timeframe was established.
Mark Fronke reminded the committee of his ending term as committee chair as it
was discussed during the previous meeting. The committee had a brief discussion
regarding a future committee chair. There was a consensus for Mark Fronke’s
renewal as the Program Review Committee Chair beginning 2014-15.
The committee had a discussion regarding the college updates on the Unit Planning
and Program Review integration. Since it has been determined that the Unit
Planning process will no longer be necessary, there was discussion regarding the
necessity of the six (6) year cycle review. Further details and components that are
needed in this process will be discussed at a future meeting.
9. Adjournment The meeting was adjourned at 4:05 P.M.
Next Meeting Scheduled for
Tuesday, April 15, 2014
3:00 P.M.
BE 119
Women’s Studies Presentation
The Women’s Studies department chair Amy Holzgang gave the presentation of the
department along with instructors Julie Davis and Julie Trager. The department
reviewed their goals with the committee and provided vital information regarding the
department and the issues with cross listing. Although there are non FTE’s connected
to the home department the committee has a lot of challenges listing Women’s Studies
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courses. Students have expressed challenges in several areas related to the course
listings. An example is: depending on how the student registers for the course
determines how the course will be listed on the official transcript. Courses although
related to Women’s History, may end up being coded as a History course or a GE
requirement. It was noted that the departments of Economics and Women’s Studies
were split. The department has interaction on one course with numerous departments.
Which could be P.E., Fine Arts.
The department is interested in changing the name of the department to be in
conjunction with the UC’s and the Cal State colleges, since they are updating changing
their names to Gender Studies. Cerritos College prefers the department name as
Women and Gender Studies.
The review concluded with questions and recommendations from the committee
regarding the goal alignment and action items.
The committee was commended on a good review.
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CERRITOS COLLEGE
PROGRAM REVIEW
TO: Members of the Program Review Advisory Committee
FROM: Miriam Tolson, Program Assistant
DATE: April 25, 2014
SUBJECT: April 15 Minutes of IPR Meeting
In attendance at the meeting were:
Mark Fronke, Chair
Lisa Boutin
Carl Bengston
Angela Conley
Jan Connal
Daniel Gomez
Doug Haynes
Kathy Hogue
Dr. Cynthia Lavariere
Ernest Lew
Rachel Mason
Terry Price
Stephanie Rosenblatt
Absent
Tim Nguyen
Dr. Patricia Robbins Smith
Graciela Vasquez
Guests
Mark Abbruzzese
Monica Bellas
1. IntroductionsThe Anthropology department and committee members formally
introduced themselves.
2. Anthropology Presentation - Department chair Mark Abbruzzese and instructor
Monica Bellas presented the review. A Motion was made by Dr. Cynthia Lavariere
and Seconded by Daniel Gomez to approve the review. The committee had a brief
discussion regarding the department providing specific information on the faculty
assigned towards the goals. The committee unanimously approved the review.
3. Business Real Estate Final DraftStephanie Rosenblatt and Dr. Cynthia
Lavariere reported on the updates on the Real Estate department’s review. The
liaisons discussed the final draft of the report with Mary Ellen Brady, Department
Chair, and encouraged additional edits to be made on the lengthy appendix. The
department will give their presentation at the next meeting. The presentation is a
Back to Board AgendaBack to Board Agenda
follow-up of the original review which was not approved in 2011-12 and was
incomplete.
4. Approval of Minutes 04-01-14A Motion was made by Doug Haynes and
Seconded by Lisa Boutin to approve the minutes. There was one abstention. The
committee unanimously approved the minutes as presented.
5. Review of Programs Scheduled for 2014-15
6. Liaison Assignments 2014-15The committee members volunteered for the
review programs scheduled for 2014-15. An updated grid will be submitted. Any
additional committee slots will be assigned when the membership information is
updated.
7. Archives The committee will provide their archival documents at the next meeting.
8. Items From the Floor Mark distributed the Strategic Planning Retreat Worksheet
to the committee and requested input regarding the committee’s objectives and
activities. The committee will submit their questions and comments by email prior to
the next meeting.
Mark Fronke informed the committee that he has been meeting regarding Unit
Planning process with Vice President Joanna Schilling and Rachel Mason. The
group has been campaigning on the website design to combine the Program Review
process with the Unit Planning process. There was some discussion and
suggestions regarding making sure through the process that there is a need to make
sure the data goes to validation on goals were accomplished. The programmer
designing the website is using the Program Review handbook as a guide. There is
still additional data needs to be populated and further details were discussed on the
SWOT analysis, goals, and activities that will be formatted.
Mark invited the committee to attend the End of the Year Celebration at El Torito’s
for Taco Tuesday on Tuesday, May 13, 2014. Further details will be forthcoming.
9. Adjournment The meeting was adjourned at 4:16 P.M.
Next Meeting Scheduled for
Tuesday, May 6, 2014
3:00 P.M.
BE 119
Anthropology Presentation
Mark Abbruzzese, department chair and Monica Bellas, faculty member represented the
Anthropology department. There was a thorough presentation on all of the goals and
the SLO process. There was discussion regarding Premier Literacy to assist students
with reading online. The department discussed their statistics with the online dropout
rate, study skills workshop, tutoring for Anthropology majors, surveys and the drop rate
in certain courses. The committee recommended that the department provide
information for their use on specific persons to each assignment to make them
accountable as a custodian of that particular goal.
The review concluded with suggestions and comments from the committee.
Back to Board AgendaBack to Board Agenda
CERRITOS COLLEGE
PROGRAM REVIEW
TO: Members of the Program Review Advisory Committee
FROM: Miriam Tolson, Program Assistant
DATE: May 7, 2014
SUBJECT: May 6, Minutes of IPR Meeting
In attendance at the meeting were:
Mark Fronke, Chair
Lisa Boutin
Carl Bengston
Angela Conley
Jan Connal
Daniel Gomez
Doug Haynes
Kathy Hogue
Dr. Cynthia Lavariere
Rachel Mason
Michael Pierini
Terry Price
Dr. Patricia Robbins Smith
Stephanie Rosenblatt
Graciela Vasquez
Absent
Tim Nguyen
Guests
Mary Ellen Brady
Bob Livingston
Cindy Moriarty
1. IntroductionsThe Business Real Estate department and committee members
formally introduced themselves.
2. Business Real Estate Presentation - Department chair Mary Ellen Brady and
instructors Bob Livingston and Cindy Moriarty presented the review. The committee
had a lengthy discussion regarding the departments goals, edits, and required. Due
to the status of the report, the committee could not vote to approve. The department
was given another opportunity to bring the report status into compliance with the
review program. An additional deadline of one week, May 13 was given to the
department to submit the changes that were discussed. The committee will review
the updates and vote by email on the completion and approval of the program. The
committee requested feedback from Ms. Brady regarding the future of the program
and statistical data and information regarding what is viable for the program.
Back to Board AgendaBack to Board Agenda
3. Approval of Minutes 04-15-14 A Motion was made by Doug Haynes and
Seconded by Angie Conley to approve the minutes. The committee unanimously
approved the minutes as presented.
4. Strategic Planning Goals Mark distributed the Strategic Planning Retreat
Worksheet to the committee and requested input regarding the committee’s
objectives and activities. The committee will submit their questions and comments
by email prior to the next meeting.
5. Year End Memo Reportthe Year End Memo Report that was presented to Faculty
Senate in the morning was distributed and reviewed.
6. Review of Programs Scheduled for 2014-15
Mark Fronke informed the committee that he has been meeting regarding Unit
Planning process with Vice President Joanna Schilling and Rachel Mason. The
group has been campaigning on the website design to combine the Program Review
process with the Unit Planning process. There was some discussion and
suggestions regarding making sure through the process that there is a need to make
sure the data goes to validation on goals were accomplished. The programmer
designing the website is using the Program Review handbook as a guide. There is
still additional data needs to be populated and further details were discussed on the
SWOT analysis, goals, and activities that will be formatted.
7. Liaison Assignments 2014-15Mark Fronke will update the list of assignments as
discussed with the committee
8. Items From the FloorThere were no items to report.
9. Adjournment The meeting was adjourned at 4:20 P.M.
Next Meeting Scheduled for
Tuesday, September 2, 2014
3:00 P.M.
SS 140
Business Real Estate Presentation
The Real Estate department continued with the presentation of their goals from the
2010-11 review that was not finalized. There was a thorough discussion on the future
status of the program and the committee made detailed suggestions and
recommendations on the department’s goals and the continuation of the program.
There was discussion regarding marketing the program to future students, online
options, and the next program review cycle as well as projecting future goal timelines.
The committee discussed the fact that new goals should reflect goals for the next review
2018-19.
Back to Board AgendaBack to Board Agenda
20142015StrategicPlan
StudentEngagement 1 *PrimaryOwner
StudentEngagement
Understandingthatlearningisacollaborativeeffort,CerritosCollegewillproviderelevantservices,
activities,andprogramsthatinspirestudentengagementbothinandoutoftheclassroominorderto
promotestudentinvestmentintheireducation.
Goal1:Engage100%ofthecollegecommunityiniFALCON/HabitsofMindby2020,throughanannual
increaseof15%ofimplementation,awareness,andapplication.
Activity Due Owner(s)
1.1 Developsurveytoolstocollectdataregarding
HabitsofMindactivitiessuchasworkshops,exit
interviews,onlineorientationtools,andfocus
groups
Createbaseline
20142015;
Spring2020with
annual
assessments
StudentServices*,Academic
Affairs*
Goal2:Expandandaddnewstudentinreachand/oroutreachtechniques.
Activity Due Owner(s)
2.1 ContinueAcademicOutreachatthehighschools
(K12alignment,K16Bridgekickoffandtraining)
Spring2015 AcademicAffairs
2.2 Developandimplementmoreeffectiveoutreach
atthehighschoolsleadingtocollegeandcareer
readiness
Spring2015 StudentServices
2.3 Developmentoringandpeeroutreachandin
reachopportunities,andprograms
Spring2015 StudentServices*,Support
Services,AcademicAffairs
2.4 CompletePhaseIIofdegreeaudit Spring2015 AdmissionsandRecords*,
IT,Academic Affairs
2.5 Developprogressreportsandnotificationsof
studentacademic progresstowardeducational
goals
Spring2015 StudentServices*,
Counseling,Researchand
Planning,IT,Admissions and
Records,Academic Affairs
2.6 Engagestudentsinearlycompletionofbasic skills
coursesandentryintoprogramofstudy, and
ensureexistingearlyalertsinterventionsare
utilizedandlinkedwithnewalertstobe
developed
Spring2015 StudentServices*,
AcademicAffairs*,
Counseling,Researchand
Planning,IT,Admissions and
Records,ASCC
2.7 Developclearcommunicationprocessesfor
supportservicesthatsupportstudentnavigational
andcompletionopportunities(scholarships,OER,
completionpriorities)
Spring2015 StudentServices*,
AcademicAffairs*,
Counseling,Researchand
Planning,IT,Admissions and
Records,ASCC,PublicAffairs

Back to Board AgendaBack to Board Agenda
20142015StrategicPlan
StudentEngagement 2 *PrimaryOwner
Goal3:Extendstudentsuccesscampaigntocommunicatecollegecultureofnurtu ring,acceptance and
achievementfromthebeginningofthecollegecareer,andmaintain97%student satisfaction.
Activity Due Owner(s)
3.1 DevelopnewiFALCONsuccessinitiatives,
particularlyanewLinkUpcampaigntoengage
studentswithfacultyandcampusresourcesthat
willimprovethe2013StudentEngagementSurvey
LinkUpscoresby10%
Spring2015 Student SuccessDivision*,
ASCC
3.2 Createandimplementfaculty/student
conversationsessions
Spring2015 CTX*,ASCC,Student
Services,President’sOffice,
FacultySenate
3.3 DevelopstrategiesforcommunicatingInreach
opportunitiestoengagestudentsinwellness
resources
Spring2015 StudentServices*,Student
HealthServices
3.4 Developandexpandparentorientationforfirst
generationandothercollegestudents
Spring2015 StudentServices*,Success
Division*
Goal4:Developpromotionalplanforcreatingparticipationinallstudentrecognitionevents.
Activity Due Owner(s)
4.1 CollaboratewithDailyFalcon,Campus
Connection,TalonNet,andPublicRelationsto
createandinitiatepressreleases
Spring2015 AcademicAffairs
Committee*,PublicAffairs
4.2 Increaseonlinecommunicationtofacultyandstaff Spring2015 AcademicAffairs
Committee*,PublicAffairs
4.3 Revisewebsitetoincludecalendarforall
recognitionawardees
Spring2015 AcademicAffairs
Committee*,PublicAffairs
4.4 Utilizecampusmarquee,newsetofstrategically
locatedcampusbulletinboards,posters,student
government,campuscalendar,iFALCON
leadershiptopromoteevents
Spring2015 AcademicAffairs
Committee*,PublicAffairs,
ASCC
Back to Board AgendaBack to Board Agenda
20142015StrategicPlan
TeachingPractices 3 *PrimaryOwner
TeachingPractices
CerritosCollegepromoteseffectiveteachingpracticesinformedbypedagogicalexpertise,collaboration,
reflectiveselfassessment,andintegrationofclassroomandonline technologytofacilitatestudent
engagementandachievementofeducationalgoals .
Goal1:Improvecollaborativeteachingenvironmentoncampusbyincreasingopportunitiesforfaculty
interaction.
Activity Due Owner(s)
1.1 Developstrategiesforfacultymentoring and
sharingteachingsuccessstrategies
Fall2014 CTX*,HumanResource s
1.2 Implementfacultyshadowingpracticewithinthe
mentoringprogram
Fall2014 CTX
1.3 Extendcollaborativeteachingenvironment with
LearningCommunitiesProgramsandCampus
WideThemesto encouragefacultyengagement
Spring2015 AcademicAffairs*,CTX,
AdmissionsandRecords,
LearningCommunities
1.4 Supportandpromotelearningcommunitiesand
otherinterdisciplinaryareas
Spring2015 CTX*,HumanResources
Goal2:Provideprofessionaldevelopm entopportunitiesforfacultyinrelationtoteachingpractices.
Activity Due Owner(s)
2.1 Conductanorientationforfacultysabbaticalleave
applicantsthatclarifiesthelinkagebetween
sabbaticalleaveprojectsandteaching
practices/studentlearning
Fall2014 SabbaticalLeaveCommittee
2.2 Presentcurrenttechnologytrainingforfaculty,
e.g.,TalonNet,Turnitin,etc.
Spring2015 CTX*,HumanResources,
EmployeeDevelopment
Committee
2.3 Offerworkshopsforclassroomandonline
instructionpractices,andevaluatefeedback
Spring2015 CTX*,HumanResources,
EmployeeDevelopment
Committee
2.4 Developworkshopsonpracticestoengagediverse
studentpopulations
Spring2015 CTX*,HumanResources,
EmployeeDevelopment
Committee
2.5 Assess20142015NewFacultyOrienta tion
Programanddevelopimprovementplan
Spring2015 CTX*,HumanResources
Goal3:Initiatediscussionthatwillleadtopracticesformaintainingacademicintegrity.
Activity Due Owner(s)
3.1 Haveacollaborativediscussiontoidentify
problemsandsolutionsthatonlineinstructors
facethataredifferentfromtraditionalsettings
Fall2014 FacultySenate*,Academic
Affairs*,CampusFaculty
3.2 Researchotherinstitutions’methodsof
maintainingacademicintegrity
Spring2015 FacultySenate*,Academic
Affairs*
3.3 Developmethodsformaintainingacademic
integrityinallcoursesandprograms
Spring2015 FacultySenate*,Academic
Affairs*
Back to Board AgendaBack to Board Agenda
20142015StrategicPlan
AcademicInfrastructure 4 *PrimaryOwner
AcademicInfrastructure
CerritosCollegewillprovideanacademicinfrastructurethatsupportsaneffectiveteachingand
learningenvironment.
Goal1:Providetechnologicaland/orfacilitysupportforinstructionalandnoninstructionalcampusspacesin
supportofstudentlearning.
Activity Due Owner(s)
1.1 Developanarchitecturalplanforshadeand
outdoorareas
Fall2014 FiscalServices*,Facilities
1.2 Identifyandreplacecomputerandnetwork
infrastructureasneeded,andassessprogress
Spring2015 FiscalServices*,Facilities
1.3 Expandoutdoorstudentstudyareasby adding
wirelessaccessandmoreseatstoLRCoutdoor
roofspace
Spring2015 FiscalServices*,Facilities
Goal2:Integratesmartclassroomstandardsacrosscampusthatincludetechnology,equipment,furniture,
andmedia.
Activity Due Owner(s)
2.1 Identifythenumberofclassroomsthatdonot
meetthe“smartclassroom”standardsand
establishaplantoachieve100%ofallclassrooms
tobe“smart”
Fall2014 ITStandardsCommittee
2.2 Providewebbaseddocumentationdefiningitems
andcoststhatcompriseastandardsmart
classroom
Spring2015 ITStandardsCommittee
2.3 Providewebbaseddocumentationdetailingeach
existingsmartclassroomlocationandthemajor
componentswithintheclassroom
Spring2015 ITStandardsCommittee
2.4 Replaceoldequipmentandwiringwithinolder
smartclassroomsandmigratetothewidescreen
format
Spring2015 IT
2.5 Completeupgradeofgeneralclassroomstosmart
classrooms
Spring2015 IT*,MediaServices,
Facilities
Goal3:RewritePlanningPlus.
Activity Due Owner(s)
3.1 RewritePlanningPlusforusewithPC’sandtablets Spring2015 IT*,PlanningTaskForce
3.2 RewritePlanningPlustoensureintegrated
resourceandassessmentplanning
Fall2015 IT*,PlanningTaskForce
Back to Board AgendaBack to Board Agenda
20142015StrategicPlan
InstructionalPrograms 5 *PrimaryOwner
InstructionalPrograms
CerritosCollegeoffersinnovativeinstructionalprogramsprovidingefficienteducationalpathwaysthat
deliverexcellent,leadingedge,relevanttransferoptions,careerandtechnicaleducation,andbasic
skillsdevelopmentthatleadtostudentsuccess.
Goal1:CreatecleareducationalpathwaysforallcompletedAssociate DegreesforTransfer(ADTs)and50%
CareerTechnicalEducationPrograms(CTEs)andcommunicatethepathwaystothestudent
community.
Activity Due Owner(s)
1.1 Create“pullsheets”foreachoftheselected
pathways,degrees,andcertificates
Fall2014 Counseling*,Academic
Affairs
1.2 Link“pullsheets”toMyAcad emicPlanner Spring2015 AdmissionsandRec ords*,IT,
Counseling
1.3 IdentifyCTEprogramsforinclusioninthe50%
selectionincludingatleastonefromeachdivision
Spring2015 AcademicDeansforCTE
Divisions
1.4 Designatemplateforcompletionintegrating
studentsupportservicesandacademicprograms
Spring2015 EnrollmentManagement
Committee
1.5 Identifypathwayrolesforeacharea(IT,
AcademicAffairs,StudentsServices,Web,SSC,
etc.)andhoweachwillbeimpacted
Spring2015 EnrollmentManagement
Committee
1.6 Createcleareducationalplansbydisciplinefor
everystudent
Fall2015 AcademicAffairs*, Student
Services*,IT
1.7 Developprogrammingtoensureclassschedules
thatreflect educationalpathwaysandensure
classesfor students
Fall2015 AcademicAffairs
1.8 Createclearinterventionpointsateach academic
transition
Fall2015 AcademicAffairs*, Student
Services*
Goal2:Increaseoveralltransferpreparedrateby2%.
Activity Due Owner(s)
2.1 Improveidentificationandnotification processes
forstudentswhoarereadytotransfer
Spring2015 StudentServices*, Research
andPlanning, Academic
Affairs
2.2 Developadatagatheringprocessthatidentifies
Englishandmathprogressandtimelycourse
takingpatterns
Spring2015 ResearchandPlanning
Goal3:CreateastrategytoincreasesuccessfulcompletionofbasicskillssequencesforMath,Reading,
EnglishandESLanddeterm ineabaselineforfuturemeasurement.
Activity Due Owner(s)
3.1 Createincentivesforstudentsthathavemet
benchmarksatacademictransitionpoints
Fall2015 AcademicAffairs*,
CompletionCommittee*
3.2 Developandimplementstrategyforrequiring
studentstocompletebasicskillsearlierintheir
academiccareers
Fall2015 AcademicAffairs*,
CompletionCommittee*
3.3 Implementsolutionstofacilitatefastercompletion
ofthebottleneckcourses
Fall2015 AcademicAffairs*,IT,
StudentServices
Back to Board AgendaBack to Board Agenda
20142015StrategicPlan
InstructionalPrograms 6 *PrimaryOwner
Goal4:Implementaprocessforfacultyparticipationintheinputtingandanalysisofstudentlearning
outcomes.
Activity Due Owner(s)
4.1 Designandconductworkshopsforfacultyonhow
toinputassessmentresultsandimprovement
plansintoeLumen
Fall2014 SLOCommittee*,CTX
4.2 TraindivisionrepresentativesoftheSLO
Committeeonhowtoinputdataand
improvementplansintoeLumen
Fall2014 SLOCommittee*,Research
andPlanning
4.3 TraindivisionrepresentativestotheSLO
CommitteeinhowtomapcourselevelSLOsto
degreeand/orcertificateSLOs,sotheycanhelp
theirrespectivedivisionfaculty
Fall2014 SLOCommittee*,Research
andPlanning
4.4 Designandconductworkshopsonhowtowrite
degreeandcertificateSLOs
Spring2015 SLOCommittee*,CTX
4.5 Designandconductworkshopsonhowtomap
courselevelSLOstodegreeandcertifi cateSLOs
Spring2015 SLOCommittee*,CTX
Goal5:IntegratetheInstructionalProgramReviewProcessintotheannualplanningcycleanddevelopan
automatedsystemtofacilitateindividualinstructionalprograms’SWOTanalysisandgoal
development.
Activity Due Owner(s)
5.1 Includebasicskillsinformationintotheannual
programreviewprocess
Fall2014 ResearchandPlanning
5.2 Definetherequirementsofanautomatedprocess
forinstructionalprogramreview
Fall2014 InstructionalProgram
ReviewCommittee*,IT
5.3 Designandtesttheautomatedsystemsfor
facilitatingtheinstructionalprogramreview
process
Fall2014 InstructionalProgram
ReviewCommittee,IT
5.4 Providetrainingtofacilitatetheinstructional
programreviewprocessincludingastrategic
timetableforimplementationoftheautomated
system
Spring2015 InstructionalProgram
ReviewCommittee*,IT
5.5 GatherfeedbackfromFacultywhohave
participatedintheautomatedi nstructional
programreviewprocesstoidentifyimprovements
and/orenhancements
Fall2015 InstructionalProgram
ReviewCommittee*,IT

Back to Board AgendaBack to Board Agenda
20142015StrategicPlan
InstructionalPrograms 7 *PrimaryOwner
Goal6:AutomatetheintegrationofStudentLearningOutcomesdataintotheInstructionalProgramReview
process.
Activity Due Owner(s)
6.1 RefinethecapacityofTalonNettocapture
studentlevelSLOassessmentdataderivedfrom
embeddedcourseassignments
Fall2014 InstructionalProgram
ReviewCommittee*,IT
6.2 DeveloppromptsandtextboxesintheOnline
Reportforbetterreporting
Fall2014 InstructionalProgram
ReviewCommittee*,SLO
Committee
6.3 DevelopinterfacethatpopulateseLumenwith
SLOassessmentdatafromTalonNetandPlanning
Plus
Summer2015 InstructionalProgram
ReviewCommittee*,IT
6.4 DevelopOnlineProgramReviewReportformthat
canpopulatePlanningPlus
Summer2015 InstructionalProgram
ReviewCommittee*,IT
Goal7:Reviseandcommunicatetheprocessforreviewingfacultyequivalencyapplicationsinlightof
regulatoryguidelinesandstatewidebestpractices.
Activity Due Owner(s)
7.1 Communicateclearlywithcampusconstituents
regardingpolicyandpracticerelatedtoensuring
thatfacultymeetorexceedstateminimum
standardsofeducation,training,andexperience
Fall2014 HiringStandards
Committee*,Human
Resources
7.2 Revisecommitteeandinstitutionalpracticesusing
state,federal,andlocalguidelines
Fall2014 HiringStandards
Committee*,Human
Resources
Goal8:Developandimplementstrategiesforreduci ng textbookcostsforstudents
Activity Due Owner(s)
8.1 Expanddigitalandbookreservesavailableto
students
Fall2014 ASCC*,Library
8.2 Createscholarshipbookfundingforstudents Fall2014 Foundation*,Academic
Affairs,StudentServices
8.3 PilotIncludEDprogram Spring2015 AcademicAffairs*,selected
faculty
8.4 ExpandOERcourses oncampus Fall2015 AcademicAffairs/Divisions*,
selectedfaculty
Back to Board AgendaBack to Board Agenda
20142015StrategicPlan
SupportServices 8 *PrimaryOwner
SupportServices
CerritosCollegewillprovideholistic,comprehensive,wellorganized,innovativesupportservicesand
programsleadingtostudentsuccess.
Goal1:Centralizeandconsolidatecommunicationaboutallsupportservicesandpathwaysavailableto
students.
Activity Due Owner(s)
1.1 Developmarketingcampaignandcalendarto
promoteservicestostudentsandcampus
community(e.g.,divisionmeetingvisits,social
mediaefforts,email,etc.)
Fall2014 StudentServices*,
AcademicAffairs*,Public
Affairs*
1.2 Createandpublishasinglegrid document(online
andinprint)thatspecifiescritical regulations(e.g.,
academicstanding,probation,enrollment)
Fall2014 StudentServices
1.3 DeveloponlineandPDFlistofstudentsupport
servicesdefiningtheirkey services,locations,
contactinformation,andweblinks
Spring2015 StudentServices*,
AcademicAffairs
1.4 Identifyotherarea,divisionanddepartment
webpagesforimprovednavigationpointsand
launchlinks
Spring2015 AcademicAffairs*,
DepartmentChairs,
ManagersandWeb
Authors
1.5 Createataglanceposters,handouts,and
webpagesthatincludebriefdescriptionsof
services,wheretheyarelocated,andhowto
accessthem
Spring2015 StudentServices*,
AcademicAffairs*,Public
Affairs*
1.6 Implementmarketingcampaignandcalendarto
promoteservicestostudentsandcampus
community
Spring2015 PublicAffairs*,Student
Services,AcademicAffairs
Goal2:Increaseuseofuniversallyaccessibletechnolo gytoenhanceavailabilityofservices/resources.
Activity Due Owner(s)
2.1 Evaluatestudentuseofonlinetut oringpilotand
makerecommendationoncontinueduse
Fall2014 AcademicAffairs*,
ResearchandPlanning,
SuccessCenter
2.2 Identifyadditionalonlinesupportservices
workshops
Spring2015 StudentServices*,
AcademicAffairs
2.3 Researchandevaluateproduct/systemallowing
forcounselingappointmentsviarealtime,web
basedsystems
Spring2015 Counseling Services*,IT
Goal3:UpdateEmergencyInformationonCampus
Activity Due Owner(s)
3.1 UpdateEmergencyPosters Summer2015 DistrictCommitteeon
Safety
3.2 DevelopEmergencyInformationFlipchartto
accompanyposter
Summer2015 DistrictCommitteeon
Safety

Back to Board AgendaBack to Board Agenda
20142015StrategicPlan
SupportServices 9 *PrimaryOwner
Goal4:ImplementStudentSuccessandSupportProgramPlan.
Activity Due Owner(s)
4.1 LaunchnewPeopleSoftStudentEdPlanproduct Fall2014 CounselingDivision*,IT
4.2 CompleteloadingofPeopleSoftCatalogcontent Spring2015 AcademicAffairs*,
AdmissionsandRecords*
4.3 Developonlinepresentations(Cynosure)tobring
deliveryofgroupcounselingcontenttoscale
Spring2015 EnrollmentManagement
Committee
4.4 Deployonlinenewstudentorientation(Cynosure) Spring2015 CounselingDivision*,IT
4.5 Deployonlineassessmentpreparationworkshop
(Cynosure)
Spring2015 CounselingDivision*,IT
4.6 Deployonlineprobationworkshop(Cynosure) Spring2015 CounselingDivision*,IT
4.7 Deploycareerexplorationworkshop(Cynosure) Spring2015 CounselingDivision*,IT
4.8 DevelopandimplementnewMISrequireddata
elements
Spring2015 IT*,CounselingDivision
Goal5:Developormodifyatleasttwo(2)innovativestudentsupportserviceinitiativestoensure
continuedqualityimprovement.
Activity Due Owner(s)
5.1 ReorganizeResearchandPlanningwebsite,and
includearepositoryofallsurveyinstruments
Fall2014 ResearchandPlanning
5.2 Establishstandardizedcrit eriatoevaluatestudent
supportservicesinordertoidentifyservicegaps
Fall2014 StudentServices*,
AcademicAffairs,Research
andPlanning
5.3 Utilizeexistingdatatoanalyzeutilizationand
awarenessofservices
Spring2015 AcademicAffairs*,
ResearchandPlanning,
StudentServices
5.4 Makerecommendationsandimprovement
initiativesbasedondataanalysis
Spring2015 StudentServices*,
AcademicAffairs*
Goal6:Ensureuniversalaccessforallinformationprovidedtostudents,faculty,staff,andthecommuni ty
consistentwith508accessibilityrequirementsandapplicableCaliforniacode.
(CrosslistedwithCampusLeadershipGoal6andResourceManagementGoal5)
Activity Due Owner(s)
6.1 DevelopandproposenewBoardPolicyand
AdministrativeProcedure
Fall2014 VicePresidents*,508
ComplianceTaskForce
6.2 Educatecampuscommunityonuniversalaccess Fall2014 VicePresidents*,Public
Affairs
6.3 Developandimplementtransitionplan Fall2014 VicePresidents*,508
ComplianceTaskForce,
PublicAffairs
Back to Board AgendaBack to Board Agenda
20142015StrategicPlan
SupportServices 10 *PrimaryOwner
Goal7:BeginImplementationofStudentEquityPlan(duetoChancellor’sOfficeNovember2014).
Activitytobebasedonstatewideplanindicators: Due Owner(s)
7.1 StudentEquitySuccessIndicator:
Access
Thepercentageofeachpopulationgroupthatis
enrolledcomparedtothatgroup’srepresentation
intheadultpopulationwithinthecommunity
served.Thispercentageisfrequentlycalculatedas
aparticipationrate.
Spring2015 Tobespecifiedintheplan
7.2 StudentEquitySuccessIndicator:
CourseCompletion(RetentionandSuccess)
Theratioofthenumberofcreditcoursesthat
students,bypopulationgroup,completecompared
tothenumberofcoursesinwhichstudentsinthat
groupareenrolledonthecensusdayoftheterm.
Spring2015 Tobespecifiedintheplan
7.3 StudentEquitySuccessIndicator:
ESLandBasicSkillsCompletion
Theratioofthenumberofstudentsbypopulation
groupwhocompleteadegreeapplicablecourse
afterhavingcompletedthefinalESLorbasicskills
coursecomparedtothenumberofthosestudents
whocompletesuchafinalESLorbasics
killscourse.
Spring2015 Tobespecifiedintheplan
7.4 StudentEquitySuccessIndicator:
DegreeandCertificateCompletion(andTransfer)
Theratioofthenumberofstudentsbypopulation
groupwhoreceiveadegreeorcertificatetothe
numberofstudentsinthatgroupwiththesame
informedmatriculationgoalasdocumentedinthe
studenteducationalplandevelopedwitha
counselor/advisor.
Spring2015 Tobespecifi
edintheplan
7.5 StudentEquitySuccessIndicator:
Transfer
Theratioofthenumberofstudentsbypopulation
groupwhocompleteaminimumof12unitsand
haveattemptedatransferlevelcoursein
mathematicsorEnglish,tothenumberofstudents
inthatgroupwhoactuallytransferafteroneor
more(uptosi
x)years.
Spring2015 Tobespecifiedintheplan
Back to Board AgendaBack to Board Agenda
20142015StrategicPlan
ResourceManagement 11 *PrimaryOwner
ResourceManagement
CerritosCollegewillimplementandmaintaineffectiveandefficientresourcemanagementpractices,
withinputfromallconstituencies,toensurefinancialstability,appropriatestaffingandfacilitieslevels,
andnecessaryservicesdrivenbyitsmissionofstudentsuccess.
Goal1:Increasecampusaccessandawarenessofbudgetaryplanninganddevelopment.
Activity Due Owner(s)
1.1 Utilizeandassessresultsofannual
communicationssurveytoimproveawareness of
budgetdevelopmentprocess
Fall2014 FiscalServices*,
President’s Office,
Researchand Planning
1.2 DevelopandpresentBudget101workshops,
includeinprofessionaldevelopmentworkshop
seriesforentirecampuscommunity
Fall2014Spring
2015;(Ongoing
workshops)
FiscalServices*,Human
Resources
1.3 Provideenhancednarrativeonannualbudget September 2014 FiscalServices
1.4 EnhancebudgetwebpageincludingaFAQand“ask
aquestionbox”
Fall2014;Ongoing FiscalServices*,Public
Affairs
Goal2:StreamlineandassessPlanningPlus.
Activity Due Owner(s)
2.1 WorkwithandprovideinputtoPlanningPlusTask
force
Fall2014 PlanningandBudget
Committee
2.2 SupportTaskforcerecommendations Fall2014 PlanningandBudget
Committee
2.3 AssessPlanningPluspilotprocesspriortofull
implementation
Fall2014 PlanningandBudget
Committee
2.4 Developplanforcommunicatingchangesand
providetrainingtoentirecampuscommunity
Spring2015 PlanningandBudget
Committee
Goal3:Participateinthe2014Accreditationprocessandensureallrecommendationsareaddressed.
Activity Due Owner(s)
3.1 Reviewrecommendationsanddevelopplanto
addresseachrecommenda tion
Fall2014 PlanningandBudget
Committee
3.2 IdentifysubcommitteeofPlanningandBudgetto
workwithcampuswideAccreditationCommittee
toensurerecommendationsareaddressed
Fall2015 PlanningandBudget
Committee
3.3 Integraterecommendationsintoplanningprocess
asappropriate
Fall2015 PlanningandBudget
Committee

Back to Board AgendaBack to Board Agenda
20142015StrategicPlan
ResourceManagement 12 *PrimaryOwner
Goal4:Fostercontinueddevelopmentofaninclusivecollegeenvironmentandincreaseawarenessof
diversityissues.
Activity Due Owner(s)
4.1 Conductcollegewidesurveytoassessandmonitor
statusasaninclusiveenvironment
Fall2014 HumanResources*,
EEOAC
4.2 AssesscommunityperspectiveaboutCerritos
CollegeviafeedbacksurveyinInsight
Fall2014 PublicAffairs
4.3 Implementcomprehensivediversityawareness
programforemployees
Fall2014 HumanResources*,
EEOAC,Employee
DevelopmentCommittee
4.4 Implementdiversityplan Fall2014 HumanResources*,
EEOAC
4.5 Conductnew,improvednondiscriminationand
harassmentpreventionworkshopsrequiredofall
employeesandpresentatdivisionlevelmeetings
Spring2015 HumanResources*,
EEOAC
Goal5:Ensureuniversalaccessforallinformationprovidedtostudents,faculty,staff,andthecommuni ty
consistentwith508accessibilityrequirementsandapplicableCaliforniacode.
(CrosslistedwithSupportServicesGoal6andCampusLeadershipGoal6)
Activity Due Owner(s)
5.1 Disseminateinformationaboutuniversalaccess
requirementstoallemployees
Fall2014 508ComplianceTask
Force*(DSPS,Academic
Affairs,HumanResources,
IT,Purchasing)
5.2 Provideassistancetoensurefullimplementation Fall2014 Purchasing,DSPS,IT,
AcademicAffairs
Goal6:Ongoingevaluationoforganizationalneedsforworkforceplanning.
Activity Due Owner(s)
6.1 Assessdivision/department/unitstaffingpriorto
refillingvacanciestoensureflexibilityand
responsivenesstocurrentandfutureneeds
Spring2015 HumanResources
Back to Board AgendaBack to Board Agenda
20142015StrategicPlan
CampusLeadership 13 *PrimaryOwner
CampusLeadership
CerritosCollegewillcontinuouslyimprovethequalityofleadershipthrougheducation,assessment,
andcollaborationthatwillempoweremployeestofosterstudentsuccess.
Goal1:Expandleadershipdevelopmentopportunitiesforallconstituentgroups.
Activity Due Owner(s)
1.1 Communicatetomanagersthattheyareto
encourageandprovideopportunitiesforstaffto
participateinprofessionaldevelopmentactivities
Fall2014 ExecutiveCouncil
1.2 Conductabiannualneedsassessmentofall
employeestoidentifyleadershipandprofessional
developmentworkshoptopics/plans/strategies
Summer2015 HumanResources*,
EmployeeDevelopment
Committee*
1.3 Createanannualemployeedevelopmentplan
basedontheneedsassessmentsurveyresults
Summer2015 HumanResources
Goal2:Improveparticipationinsharedgovernanceandstudentengagementactivitiesby10%.
Activity Due Owner(s)
2.1 Conductparticipatorygovernanceworkshop
involvingallgovernancegroups
Fall2014 HumanResources*,
AcademicAffairs,Faculty
Senate,CTX
2.2 Assessandtargetbarrierstoparticipationin
sharedgovernanceactivities
Summer2015 President’sOffice*,
ResearchandPlanning*
2.3 Createaninventoryofsharedgovernanceand
serviceopportunities
Summer2015 President’sOffice*,
ResearchandPlanning*
Goal3:Identify,promote,andcelebratebestpracticesindiversityprograms.
Activity Due Owner(s)
3.1 Identifystrategiesforaddressingdiversitygaps
andopportunitiesbasedongapanalysis
Spring2015 HumanResources*,EEOAC,
PublicAffairs,Executive
Council
3.2 Basedontheabovestrategies,promotediversity
programsandactivitiestoallcampusconstituents
Fall2015 PublicAffairs*,Human
Resources*,Executive
Council

Back to Board AgendaBack to Board Agenda
20142015StrategicPlan
CampusLeadership 14 *PrimaryOwner
Goal4:Improvecommunicationmethodstoallcampusconstituents.
Activity Due Owner(s)
4.1 Reviewandapprisethecampuscommunityof
newStandardsasdevelopedbytheACCJC
Fall2014 AccreditationCommittee*,
ALO*
4.2 Ensurecontinuouscampuscommunicationand
involvementoftheprogressmadetoward
addressingAccreditationRecommendations
Fall2014 AccreditationCommittee*,
ALO*
4.3 Assessthereliabilityandvalidityofthe
communicationsurveyquestions
Spring2015 ResearchandPlanning
4.4 Identifyleadershipcommunicationgaps Fall2015 President’sOffice*,
ResearchandPlanning
4.5 Analyzethecausesofthecommunicationgaps Fall2015 ResearchandPlanning
4.6 Createasystemforimproving
employee/program/studentrecognition
Fall2015 PublicAffairs*,Human
Resources*
Goal5:Improvetheeffectivenessofthecollege’ssharedgovernancecommitteesandgroups.
Activity Due Owner(s)
5.1 DevelopanannualEvaluationToolforallshared
governancecommitteesandgroups
February2015 FacultySenate*,CSEA*,
ACCME*,ASCC*,
CoordinatingCommittee*
Goal6:Ensureuniversalaccessforallinformationprovidedtostudents,faculty,staff,andthecommuni ty
consistentwith508accessibilityrequirementsandapplicableCaliforniacode.
(CrosslistedwithSupportServicesGoal6andResourceManagementGoal5)
Activity Due Owner(s)
6.1 Communicateandfacilitateunderstandingof508
accessibilityrequirements
Fall2014 President’sOffice*,Public
Affairs*
6.2 Identifyandallocateresourcestosupport508
accessibilityrequirementscompliance
Fall2014 President’sOffice
Back to Board AgendaBack to Board Agenda
CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 22
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. David El Fattal
Vice President of Business Services/
Assistant Superintendent
PREPARED BY:
Mark B. Logan
Director of Purchasing
SUBJECT: Information Item: Report of RFP and RFQ Releases Scheduled for the
Quarter of July 1, 2014 Through September 30, 2014
ACTION
This item is presented for informational purposes only.
FISCAL IMPACT
Funding sources vary and are dependent upon the type of solicitation.
REPORT SUMMARY
This report of scheduled request for proposals (RFP) and request for qualifications (RFQ) for the quarter of
July 1, 2014 through September 30, 2014 is provided for review. The report provides the RFP/RFQ number,
title, release date or anticipated release date, brief description or scope of work, and the name of the
requesting department.
In accordance with applicable California public procurement law and Cerritos College’s procedure, a public
notice advertising the solicitation and inviting proposals will be published in the College’s adjudicated
newspaper of general circulation. Additionally, other appropriate outreach efforts will be employed including,
but not limited to, notifying vendors that are on the College’s vendor list and posting the solicitation on the
Purchasing’s Department’s website.
Proposals received in response to RFPs and RFQs will be evaluated by diverse panels of technically qualified
individuals familiar with the subject matter of the project or equipment, and may include outside public sector
expertise or consultants.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
Report of Scheduled RFP and RFQ Releases for the Quarter of July 1, 2014 through September 30, 2014
Back to Board AgendaBack to Board Agenda
Cerritos Community College District
Board Meeting: October 1, 2014
Monthly Report of Scheduled RFP and RFQ Releases for the
Quarter of July 1, 2014 Through September 30, 2014
______________________________________________________________________
RFP/RFQ
Number
Title of
RFP/RFQ
Release
Date*
Description/
Scope of Work
Requestor/
Department
14P002
Geotechnical
Engineering Services,
Material Testing, and
Special Inspection
Services
July 15, 2014
Geotechnical Engineering
Services -- recommendation
of foundation type,
allowable loading and other
technical data relating to
soil conditions, preparation
of Geologic Hazard report as
required, conduct field and
laboratory work, obtain any
required drilling permits,
etc.
Material Testing and Special
Inspection Services -- tests
and inspections as required
of construction documents
and Title 24, including but
not limited to the following
materials: concrete, wood,
soils, masonry, rebar,
roofing, fireproofing,
welding, and steel.
GO Bond
*Future dates are subject to change. See http://cms.cerritos.edu/purchasing/rfq-rfp-rfi.htm
for up-to-date
information about RFP and RFQ releases.
Back to Board AgendaBack to Board Agenda
CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 24
FROM:
Dr. Linda L. Lacy
President/Superintendent
SUBJECT: Consideration of Appointment of Members to the Community Task Force
ACTION
It is recommended that the Board of Trustees take action to appoint members to the Community Task Force.
FISCAL IMPACT
No fiscal impact.
REPORT SUMMARY
At the July 16, 2014 regular board meeting, the Board of Trustees established a Community Task Force to
give District residents an outlet to provide feedback directly to campus leadership. Each board member will
recommend up to three Community Task Force members who reside in their respective trustee area. The
student trustee will recommend up to three students to serve on the task force.
To date, the college has received the following applications:
Pedro Santillan, Works in Trustee Area 2
The board has received applications from the individuals above and will continue to receive applications as
they are submitted. Additional appointments may be considered throughout the year so long as each board
member appoints no more than three members to the Community Task Force.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
Community Task Force Overview
Back to Board AgendaBack to Board Agenda
Community Task Force
The Community Task Force is a group made up of community members within the
Cerritos College District. Members will be presented with information on various
educational and economic/workforce development programs, given an opportunity for
comments and questions, as well as serve as college ambassadors to the community
at-large. (These topics are more like forums. For example, budget forums, the
accreditation report, programs and services, application procedures (including AOC and
Ed Plans), transfer requirements, etc.)
Each board member will solicit nominations from community organizations or high
school principals, and appoint three individuals from his or her trustee area. The
student trustee will appoint three students. The Board of Trustees will approve
members in September of each year. Members will serve one-year terms and can be
renominated. The goal is to have a minimum of 24 members of the community and
students participate in the Community Conversations each year.
The Community Task Force will take place three times per year and are open to the
public.
The calendar and the agenda for the Community Task Force will be developed by a
planning committee consisting of:
Community Task Force Chairperson or Vice Chairperson
College President (or designee)
ACCME President (or designee)
Faculty Senate President (or designee)
CCFF President (or designee)
CSEA President (or designee)
ASCC President (or designee)
Board President (or designee)
The Community Task Force Chairperson will be the elected by the Task Force. The
Chairperson will be responsible for organizing the agenda and leading the meeting.
Prior to the first meeting, an orientation will be conducted so that members are
knowledgeable enough about college matters to effectively serve as “college
ambassadors” who will then share information with other members of the community in
an informal manner.
Approved by the Board of Trustees July 16, 2014
Back to Board AgendaBack to Board Agenda
CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 25
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. David El Fattal
Vice President of Business Services/
Assistant Superintendent
PREPARED BY:
Mark B. Logan
Director of Purchasing
SUBJECT: Consideration of Approval of Bid No. 13P032, Fine Arts CIS/Math
Building - Category 08, Roofing
ACTION
It is recommended that the Board of Trustees approve the award of contract for Bid No. 13P032, Fine Arts
CIS/Math Building Category 08, Roofing to Best Contracting Services, Inc. of Gardena, California, as the
lowest responsive, responsible bidder in the amount of $667,800, which equals the Total Base Bid Amount.
Board approval is contingent upon resolution of any bid protests during the applicable protest time period.
Board approval is also contingent upon the contractor awarded the project providing acceptable insurance
and bonding as required in the Bid and Contract Documents. Furthermore, this project has been determined
to be substantially complex pursuant to Resolution No. 12-04.
FISCAL IMPACT
The amount of the lowest responsive, responsible bid for the Total Base Bid Amount is $667,800. Funding
for this project will be allocated from the GO Bond.
REPORT SUMMARY
On July 1, 2014 and July 8, 2014, Cerritos College advertised the release of Bid No. 13P032 for the Fine
Arts CIS/Math Building project. In addition to advertisement in a local area publication, all prequalified
contractors with applicable licenses specific to each bid category on Cerritos College’s prequalification list
were invited to provide a bid for the project. A total of fifty prequalified contractors were contacted for this bid
category alone. The project includes, but is not limited to, construction of the proposed Fine Arts and
CIS/Math Buildings, demolition of the existing utilities at the existing Technology Building and Child
Development Center, demolition of the existing Fine Arts Building, and various site work and improvements.
This particular bid category scope of work pertains to the roofing portion of the project work. Pursuant to
Resolution No. 12-04 as approved by the Board of Trustees on February 15, 2012, this project was
determined to be substantially complex, therefore subject to retention in the amount of ten percent of the
total contract price.
The bid category had a bid due date of August 4, 2014. The project was bid as a multi-prime project, whereby
Cerritos College bid eighteen categories for various elements of the Project work. For Category 08 (Roofing),
a Class B, or Class C-39 license was required. The construction cost estimate for the project was
approximately $796,800.
Back to Board AgendaBack to Board Agenda
Attendance was mandatory at either one of the two pre-bid conference meeting and job walks scheduled on
July 8, 2014 and July 11, 2014. A combined attendance total of one hundred twenty-three contractors
attended one of the two mandatory pre-bid conference and job walk meetings on July 8, 2014 and July 11,
2014.
Previous to the bid due date, reminders were sent to the eligible contractors, as well as several rounds of
phone calls to identify interest and confirm level of bid commitment from the potential bidders. Five
contractors submitted bids for this category of the multi-prime bid.
Recommendation of award of contract was predicated on the lowest responsive, responsible bidder for the
Total Base Bid Amount as stipulated in the Bid and Contract Documents. A summary of the Bid Opening
Results are attached hereto detailing the responsive bid received.
Upon completion of Cerritos College’s due diligence review, Best Contracting Services, Inc. is the lowest
responsive and responsible bidder for this project work, and acceptance of the bid is in the best interest of
the District. A summary of the contractor’s designated subcontractors that was submitted with their bid, as
required by Public Contract Code Section 4100 et seq., is attached.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
Bid Results for Bid No. 13P032, Fine Arts-CIS/Math BuildingCategory 08, Roofing
Draft Contract Agreement for Bid No. 13P032Category 08 – Best Contracting Services, Inc.
Designated Subcontractors Summary Best Contracting Services, Inc.
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Page 1 of 1
Cerritos Community College District
Bid No. 13P032, Fine Arts - CIS/Math Building, Category 08 (Roofing)
Bid Opening Results
Bid Due Date: August 4, 2014; 2:00 pm
Best Contracting Services, Inc.
Gardena, CA
Troyer Contracting Co., Inc.
Santa Fe Springs, CA
Letner Roofing Co.
Orange, CA
Eberhard
Van Nuys, CA
Tecta America So. Cal., Inc.
Santa Ana, CA
Base Bid Amount
667,800.00$ 670,133.00$ 803,927.00$ 886,050.00$ 954,900.00$
Allowance Amount
TOTAL BASE BID AMOUNT
667,800.00$ 670,133.00$ 803,927.00$ 886,050.00$ 954,900.00$
Delta from Lowest Bid
2,333.00$ 136,127.00$ 218,250.00$ 287,100.00$
Back to Board AgendaBack to Board Agenda
PROJECT: Fine Arts-CIS/Math Building / BID NO.: 13P032
DATE OF CONTRACT: October 2, 2014 / CONTRACT NO.: 13P032-08, Roofing
DOLLAR VALUE: $667,800.00
LIQUIDATED DAMAGES: $2,500.00 per day
CONTRACTOR: Best Contracting Services, Inc.
TERM: 738 Calendar Days
TIME FOR COMPLETION:
_____________________
Best Contracting Services, Inc.
Address: 19027 So. Hamilton Avenue, Gardena, CA 90248
Phone: 310-328-6969
Fax: 310-328-9176
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 08, Fine Arts & CIS/Math DOCUMENT 00 52 13-1
Back to Board AgendaBack to Board Agenda
AGREEMENT
This Agreement is made and entered into this 2
nd
day of October, 2014, by and between
the Cerritos Community College District (“District”) and Best Contracting Services,
Inc. (“Contractor”) (“Agreement”).
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by
these presents do covenant and agree with each other, as follows:
1. The Work: Contractor agrees to furnish all tools, equipment, apparatus, facilities,
labor, and material necessary to perform and complete in a good and workmanlike
manner, the work of the following project:
PROJECT:
13P032, Fine Arts-CIS/Math Building
Category 08, Roofing
(“Project”)
It is understood and agreed that the Work shall be performed and completed as
required in the Contract Documents including, without limitation, the Drawings and
Specifications, under the direction and supervision of, and subject to, the approval of
the District or its authorized representative.
2. The Contract Documents: The complete Agreement consists of all Contract
Documents as defined in the General Conditions and incorporated herein by this
reference. Any and all obligations of the District and Contractor are fully set forth
and described in the Contract Documents. All Contract Documents are intended to
cooperate so that any Work called for in one and not mentioned in the other or vice
versa is to be executed the same as if mentioned in all Contract Documents.
3. Interpretation of Contract Documents: Should any question arise concerning
the intent or meaning of Contract Documents, including the Drawings or
Specifications, the question shall be submitted to the District for interpretation. If a
conflict exists in the Contract Documents, modifications, beginning with the most
recent, shall control over this Agreement (if any), which shall control over the
Special Conditions, which shall control over any Supplemental Conditions, which shall
control over the General Conditions, which shall control over the remaining Division 0
documents, which shall control over Division 1 Documents which shall control over
Division 2 through Division 33 documents, which shall control over figured
dimensions, which shall control over large-scale drawings, which shall control over
small-scale drawings. In no case shall a document calling for lower quality and/or
quantity material or workmanship control. The decision of the District in the matter
shall be final.
4. Time for Completion: It is hereby understood and agreed that the Work under this
Project shall be completed within SEVEN HUNDRED THIRTY-EIGHT (738
)
consecutive calendar days (“Contract Time”) from the date specified in the
District's Notice to Proceed.
5. Coordination of Work: Should the Contractor fail to complete this Project, and the
Work provided herein, within the time fixed for completion, due allowance being
made for the contingencies provided for herein, the Contractor shall become liable to
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 08, Fine Arts & CIS/Math DOCUMENT 00 52 13-2
Back to Board AgendaBack to Board Agenda
the District for all loss and damage that the District may suffer on account thereof.
The Contractor shall coordinate its Work with the work of all other contractors. The
District shall not be liable for delays resulting from Contractor's failure to coordinate
its Work with other contractors in a manner that will allow timely completion of
Contractor's Work. Contractor shall be liable for delays to other contractors caused
by Contractor's failure to coordinate its Work with the work of other contractors.
6. Liquidated Damages: Time is of the essence for all Work under this Agreement.
It is hereby understood and agreed that it is and will be difficult and/or impossible to
ascertain and determine the actual damage that the District will sustain in the event
of and by reason of Contractor's delay; therefore, Contractor agrees that it shall pay
to the District the sum of TWO THOUSAND FIVE HUNDRED AND 00/100
DOLLARS ($2,500.00) per day as liquidated damages for each and every day's
delay beyond the time herein prescribed in finishing the Work. It is hereby
understood and agreed that this amount is not a penalty.
In the event any portion of the liquidated damages are not paid to the District, the
District may deduct that amount from any money due or that may become due the
Contractor under this Agreement. The District's right to assess liquidated damages
is as indicated herein and in the General Conditions.
The time during which the Contract is delayed for cause as hereinafter specified may
extend the time of completion for a reasonable time as the District may grant. This
provision does not exclude the recovery of damages for delay by either party under
other provisions in the Contract Documents.
7. Loss Or Damage: The District and its authorized representatives shall not in any
way or manner be answerable or suffer loss, damage, expense, or liability for any
loss or damage that may happen to the Work, or any part thereof, or in or about the
same during its construction and before acceptance, and the Contractor shall assume
all liabilities of every kind or nature arising from the Work, either by accident,
negligence, theft, vandalism, or any cause whatever; and shall hold the District and
its authorized representatives harmless from all liability of every kind and nature
arising from accident, negligence, or any cause whatever.
8. Insurance and Bonds: Contractor shall provide all required certificates of
insurance, and payment and performance bonds as evidence thereof.
9. Execution of Work: If the Contractor should neglect to execute the Work properly
or fail to perform any provisions of this Agreement, the District, may, pursuant to
the General Conditions and without prejudice to any other remedy it may have,
make good such deficiencies and may deduct the cost thereof from the payment
then or thereafter due the Contractor.
10. District Representatives: Contractor hereby acknowledges that the Architect(s),
District’s Agent, the Project Inspector(s), and the Division of the State Architect have
authority to approve and/or stop
work if the Contractor’s Work does not comply with
the requirements of the Contract Documents, Title 24 of the California Code of
Regulations, and all applicable laws. The Contractor shall be liable for any delay
caused by its non-compliant Work.
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 08, Fine Arts & CIS/Math DOCUMENT 00 52 13-3
Back to Board AgendaBack to Board Agenda
11. Assignment of Contract: Neither the Contract, nor any part thereof, nor any
moneys due or to become due thereunder, may be assigned by the Contractor
without the written approval of the District, nor without the written consent of the
Surety on the Contractor's Performance Bond (the “Surety”), unless the Surety has
waived in writing its right to notice of assignment.
12. Classification of Contractor’s License: Contractor hereby acknowledges that it
currently holds valid Type C-39 Contractor's license(s) issued by the State of
California, Contractor's State Licensing Board, in accordance with division 3, chapter
9, of the Business and Professions Code and in the classification called for in the
Contract Documents.
13. Payment of Prevailing Wages: The Contractor and all Subcontractors under the
Contractor shall pay all workers on all Work performed pursuant to
this Agreement
not less than the general prevailing rate of per diem wages and the general
prevailing rate for holiday and overtime work as determined by the Director of the
Department of Industrial Relations, State of California, for the type of work
performed and the locality in which the work is to be performed within the
boundaries of the District, pursuant to sections 1770 et seq. of the California Labor
Code.
14. [Labor Compliance: If the District has adopted a labor compliance program which
is applicable to the Project or if the Project is subject to State labor compliance
monitored and enforced by the Compliance Monitoring Unit of the Department of
Industrial Relations, Contractor specifically acknowledges and understands that it
shall perform the Work of this Agreement while complying with all the applicable
provisions of the District’s labor compliance program or State labor compliance, if
applicable, including, without limitation, the requirement that the Contractor and all
of its Subcontractors shall timely submit complete and accurate certified payroll
records as required by the Contract Documents, or the District cannot issue
payment.]
15. Contract Price: In consideration of the foregoing covenants, promises, and
agreements on the part of the Contractor, and the strict and literal fulfillment of each
and every covenant, promise, and agreement, and as compensation agreed upon for
the Work and construction, erection, and completion as aforesaid, the District
covenants, promises, and agrees that it will well and truly pay and cause to be paid
to the Contractor in full, and as the full Contract Price and compensation for
construction, erection, and completion of the Work hereinabove agreed to be
performed by the Contractor, the following price:
Six Hundred Sixty-Seven Thousand Eight Hundred and 00/100 Dollars
($667,800.00)
,
in lawful money of the United States, which sum is to be paid according to the
schedule provided by the Contractor and accepted by the District and subject to
additions and deductions as provided in the Contract. This amount supersedes any
previously stated and/or agreed to amount(s).
16. Severability: If any term, covenant, condition, or provision in any of the Contract
Documents is held by a court of competent jurisdiction to be invalid, void or
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 08, Fine Arts & CIS/Math DOCUMENT 00 52 13-4
Back to Board AgendaBack to Board Agenda
unenforceable, the remainder of the provisions in the Contract Documents shall
remain in full force and effect and shall in no way be affected, impaired, or
invalidated thereby.
IN WITNESS WHEREOF, accepted and agreed on the date indicated above:
CONTRACTOR DISTRICT
BEST CONTRACTING SERVICES, INC. CERRITOS COMMUNITY COLLEGE
DISTRICT
By: By:
Title: President Title: Vice President of Business Services
Print Name: Moji Tabazadeh Print Name: Dr. David El Fattal
NOTE: If the party executing
this Agreement is a corporation, a certified copy of the by-
laws, or of the resolution of the Board of Directors, authorizing the officers of said
corporation to execute the Contract and the bonds required thereby must be
attached hereto.
END OF DOCUMENT
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 08, Fine Arts & CIS/Math DOCUMENT 00 52 13-5
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Page 1 of 1
Cerritos Community College District
Bid No. 13P032 - Category 08 (Roofing)
Project: Fine Arts - CIS/Math Building
Designated Subcontractors Summary
Subcontractor Name
Street Address City State ZIP Portion of Work Bid Amount
The prime contractor will not be using any subcontractors
Best Contracting Services, Inc.
Gardena, CA
Back to Board AgendaBack to Board Agenda
CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 26
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. David El Fattal
Vice President of Business Services/
Assistant Superintendent
PREPARED BY:
Mark B. Logan
Director of Purchasing
SUBJECT: Consideration of Approval of Bid No. 13P032, Fine Arts CIS/Math
Building - Category 09, Doors/Frames/Hardware
ACTION
It is recommended that the Board of Trustees approve the award of contract for Bid No. 13P032, Fine Arts
CIS/Math Building Category 09, Doors/Frames/Hardware to Abba Distributors dba Design Hardware of Los
Angeles, California, as the lowest responsive, responsible bidder in the amount of $515,502, which equals
the Total Base Bid Amount.
Board approval is contingent upon resolution of any bid protests during the applicable protest time period.
Board approval is also contingent upon the contractor awarded the project providing acceptable insurance
and bonding as required in the Bid and Contract Documents. Furthermore, this project has been determined
to be substantially complex pursuant to Resolution No. 12-04.
FISCAL IMPACT
The amount of the lowest responsive, responsible bid for the Total Base Bid Amount is $515,502. Funding
for this project will be allocated from the GO Bond.
REPORT SUMMARY
On July 1, 2014 and July 8, 2014, Cerritos College advertised the release of Bid No. 13P032 for the Fine
Arts CIS/Math Building project. In addition to advertisement in a local area publication, all prequalified
contractors with applicable licenses specific to each bid category on Cerritos College’s prequalification list
were invited to provide a bid for the project. A total of fifty-eight prequalified contractors were contacted for
this bid category alone. The project includes, but is not limited to, construction of the proposed Fine Arts and
CIS/Math Buildings, demolition of the existing utilities at the existing Technology Building and Child
Development Center, demolition of the existing Fine Arts Building, and various site work and improvements.
This particular bid category scope of work pertains to the doors/frames/hardware portion of the project work.
Pursuant to Resolution No. 12-04 as approved by the Board of Trustees on February 15, 2012, this project
was determined to be substantially complex, therefore subject to retention in the amount of ten percent of
the total contract price.
The bid category had a bid due date of August 4, 2014. The project was bid as a multi-prime project, whereby
Cerritos College bid eighteen categories for various elements of the Project work. For Category 09
Back to Board AgendaBack to Board Agenda
(Doors/Frames/Hardware), a Class B, Class C-28, Class D-16, or Class D-28 license was required. The
construction cost estimate for the project was approximately $472,200.
Attendance was mandatory at either one of the two pre-bid conference meeting and job walks scheduled on
July 8, 2014 and July 11, 2014. A combined attendance total of one hundred twenty-three contractors
attended one of the two mandatory pre-bid conference and job walk meetings on July 8, 2014 and July 11,
2014.
Previous to the bid due date, reminders were sent to the eligible contractors, as well as several rounds of
phone calls to identify interest and confirm level of bid commitment from the potential bidders. Three
contractors submitted bids for this category of the multi-prime bid.
Recommendation of award of contract was predicated on the lowest responsive, responsible bidder for the
Total Base Bid Amount as stipulated in the Bid and Contract Documents. A summary of the Bid Opening
Results are attached hereto detailing the responsive bid received.
Upon completion of Cerritos College’s due diligence review, Design Hardware is the lowest responsive and
responsible bidder for this project work, and acceptance of the bid is in the best interest of the District. A
summary of the contractor’s designated subcontractors that was submitted with their bid, as required by
Public Contract Code Section 4100 et seq., is attached.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
Bid Results for Bid No. 13P032, Fine Arts-CIS/Math BuildingCategory 09, Doors/Frames/Hardware
Draft Contract Agreement for Bid No. 13P032Category 09 – Design Hardware
Designated Subcontractors Summary Design Hardware
Back to Board AgendaBack to Board Agenda
Page 1 of 1
Cerritos Community College District
Bid No. 13P032, Fine Arts - CIS/Math Building, Category 09 (Doors/Frames/Hardware)
Bid Opening Results
Bid Due Date: August 4, 2014; 2:00 pm
Abba Distributors dba
Design Hardware
Los Angeles, CA
Montgomery Hardware Co.
Rancho Cucamonga, CA
Inland Building Construction
Companies, Inc.
San Bernardino, CA
Base Bid Amount
495,502.00$ 498,880.00$ 531,700.00$
Allowance Amount
20,000.00$ 20,000.00$ 20,000.00$
TOTAL BASE BID AMOUNT
515,502.00$ 518,880.00$ 551,700.00$
Delta from Lowest Bid
3,378.00$ 36,198.00$
Back to Board AgendaBack to Board Agenda
PROJECT: Fine Arts-CIS/Math Building / BID NO.: 13P032
DATE OF CONTRACT: October 2, 2014 / CONTRACT NO.: 13P032-09,
Doors/Frames/Hardware
DOLLAR VALUE: $515,502.00
LIQUIDATED DAMAGES: $2,500.00 per day
CONTRACTOR: Abba Distributors dba Design Hardware
TERM: 738 Calendar Days
TIME FOR COMPLETION:
_____________________
Abba Distributors dba Design Hardware
Address: 6053 West Third Street, Los Angeles, CA 90036
Phone: 323-930-1330
Fax: 323-930-0459
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 09, Fine Arts & CIS/Math DOCUMENT 00 52 13-1
Back to Board AgendaBack to Board Agenda
AGREEMENT
This Agreement is made and entered into this 2
nd
day of October, 2014, by and between
the Cerritos Community College District (“District”) and Abba Distributors dba
Design Hardware (“Contractor”) (“Agreement”).
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by
these presents do covenant and agree with each other, as follows:
1. The Work: Contractor agrees to furnish all tools, equipment, apparatus, facilities,
labor, and material necessary to perform and complete in a good and workmanlike
manner, the work of the following project:
PROJECT:
13P032, Fine Arts-CIS/Math Building
Category 09, Doors/Frames/Hardware
(“Project”)
It is understood and agreed that the Work shall be performed and completed as
required in the Contract Documents including, without limitation, the Drawings and
Specifications, under the direction and supervision of, and subject to, the approval of
the District or its authorized representative.
2. The Contract Documents: The complete Agreement consists of all Contract
Documents as defined in the General Conditions and incorporated herein by this
reference. Any and all obligations of the District and Contractor are fully set forth
and described in the Contract Documents. All Contract Documents are intended to
cooperate so that any Work called for in one and not mentioned in the other or vice
versa is to be executed the same as if mentioned in all Contract Documents.
3. Interpretation of Contract Documents: Should any question arise concerning
the intent or meaning of Contract Documents, including the Drawings or
Specifications, the question shall be submitted to the District for interpretation. If a
conflict exists in the Contract Documents, modifications, beginning with the most
recent, shall control over this Agreement (if any), which shall control over the
Special Conditions, which shall control over any Supplemental Conditions, which shall
control over the General Conditions, which shall control over the remaining Division 0
documents, which shall control over Division 1 Documents which shall control over
Division 2 through Division 33 documents, which shall control over figured
dimensions, which shall control over large-scale drawings, which shall control over
small-scale drawings. In no case shall a document calling for lower quality and/or
quantity material or workmanship control. The decision of the District in the matter
shall be final.
4. Time for Completion: It is hereby understood and agreed that the Work under this
Project shall be completed within SEVEN HUNDRED THIRTY-EIGHT (738)
consecutive calendar days (“Contract Time”) from the date specified in the
District's Notice to Proceed.
5. Coordination of Work: Should the Contractor fail to complete this Project, and the
Work provided herein, within the time fixed for completion, due allowance being
made for the contingencies provided for herein, the Contractor shall become liable to
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 09, Fine Arts & CIS/Math DOCUMENT 00 52 13-2
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the District for all loss and damage that the District may suffer on account thereof.
The Contractor shall coordinate its Work with the work of all other contractors. The
District shall not be liable for delays resulting from Contractor's failure to coordinate
its Work with other contractors in a manner that will allow timely completion of
Contractor's Work. Contractor shall be liable for delays to other contractors caused
by Contractor's failure to coordinate its Work with the work of other contractors.
6. Liquidated Damages: Time is of the essence for all Work under this Agreement.
It is hereby understood and agreed that it is and will be difficult and/or impossible to
ascertain and determine the actual damage that the District will sustain in the event
of and by reason of Contractor's delay; therefore, Contractor agrees that it shall pay
to the District the sum of TWO THOUSAND FIVE HUNDRED AND 00/100
DOLLARS ($2,500.00) per day as liquidated damages for each and every day's
delay beyond the time herein prescribed in finishing the Work. It is hereby
understood and agreed that this amount is not a penalty.
In the event any portion of the liquidated damages are not paid to the District, the
District may deduct that amount from any money due or that may become due the
Contractor under this Agreement. The District's right to assess liquidated damages
is as indicated herein and in the General Conditions.
The time during which the Contract is delayed for cause as hereinafter specified may
extend the time of completion for a reasonable time as the District may grant. This
provision does not exclude the recovery of damages for delay by either party under
other provisions in the Contract Documents.
7. Loss Or Damage: The District and its authorized representatives shall not in any
way or manner be answerable or suffer loss, damage, expense, or liability for any
loss or damage that may happen to the Work, or any part thereof, or in or about the
same during its construction and before acceptance, and the Contractor shall assume
all liabilities of every kind or nature arising from the Work, either by accident,
negligence, theft, vandalism, or any cause whatever; and shall hold the District and
its authorized representatives harmless from all liability of every kind and nature
arising from accident, negligence, or any cause whatever.
8. Insurance and Bonds: Contractor shall provide all required certificates of
insurance, and payment and performance bonds as evidence thereof.
9. Execution of Work: If the Contractor should neglect to execute the Work properly
or fail to perform any provisions of this Agreement, the District, may, pursuant to
the General Conditions and without prejudice to any other remedy it may have,
make good such deficiencies and may deduct the cost thereof from the payment
then or thereafter due the Contractor.
10. District Representatives: Contractor hereby acknowledges that the Architect(s),
District’s Agent, the Project Inspector(s), and the Division of the State Architect have
authority to approve and/or stop
work if the Contractor’s Work does not comply with
the requirements of the Contract Documents, Title 24 of the California Code of
Regulations, and all applicable laws. The Contractor shall be liable for any delay
caused by its non-compliant Work.
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 09, Fine Arts & CIS/Math DOCUMENT 00 52 13-3
Back to Board AgendaBack to Board Agenda
11. Assignment of Contract: Neither the Contract, nor any part thereof, nor any
moneys due or to become due thereunder, may be assigned by the Contractor
without the written approval of the District, nor without the written consent of the
Surety on the Contractor's Performance Bond (the “Surety”), unless the Surety has
waived in writing its right to notice of assignment.
12. Classification of Contractor’s License: Contractor hereby acknowledges that it
currently holds valid Type C-6, C-28 Contractor's license(s) issued by the State of
California, Contractor's State Licensing Board, in accordance with division 3, chapter
9, of the Business and Professions Code and in the classification called for in the
Contract Documents.
13. Payment of Prevailing Wages: The Contractor and all Subcontractors under the
Contractor shall pay all workers on all Work performed pursuant to
this Agreement
not less than the general prevailing rate of per diem wages and the general
prevailing rate for holiday and overtime work as determined by the Director of the
Department of Industrial Relations, State of California, for the type of work
performed and the locality in which the work is to be performed within the
boundaries of the District, pursuant to sections 1770 et seq. of the California Labor
Code.
14. [Labor Compliance: If the District has adopted a labor compliance program which
is applicable to the Project or if the Project is subject to State labor compliance
monitored and enforced by the Compliance Monitoring Unit of the Department of
Industrial Relations, Contractor specifically acknowledges and understands that it
shall perform the Work of this Agreement while complying with all the applicable
provisions of the District’s labor compliance program or State labor compliance, if
applicable, including, without limitation, the requirement that the Contractor and all
of its Subcontractors shall timely submit complete and accurate certified payroll
records as required by the Contract Documents, or the District cannot issue
payment.]
15. Contract Price: In consideration of the foregoing covenants, promises, and
agreements on the part of the Contractor, and the strict and literal fulfillment of each
and every covenant, promise, and agreement, and as compensation agreed upon for
the Work and construction, erection, and completion as aforesaid, the District
covenants, promises, and agrees that it will well and truly pay and cause to be paid
to the Contractor in full, and as the full Contract Price and compensation for
construction, erection, and completion of the Work hereinabove agreed to be
performed by the Contractor, the following price:
Five Hundred Fifteen Thousand Five Hundred Two and 00/100 Dollars
($515,502.00)
,
in lawful money of the United States, which sum is to be paid according to the
schedule provided by the Contractor and accepted by the District and subject to
additions and deductions as provided in the Contract. This amount supersedes any
previously stated and/or agreed to amount(s).
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 09, Fine Arts & CIS/Math DOCUMENT 00 52 13-4
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16. Severability: If any term, covenant, condition, or provision in any of the Contract
Documents is held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remainder of the provisions in the Contract Documents shall
remain in full force and effect and shall in no way be affected, impaired, or
invalidated thereby.
IN WITNESS WHEREOF, accepted and agreed on the date indicated above:
CONTRACTOR DISTRICT
ABBA DISTRIBUTORS DBA CERRITOS COMMUNITY COLLEGE
DESIGN HARDWARE DISTRICT
By: By:
Title: President Title: Vice President of Business Services
Print Name: Nathaniel Abramson Print Name: Dr. David El Fattal
NOTE: If the party executing
this Agreement is a corporation, a certified copy of the by-
laws, or of the resolution of the Board of Directors, authorizing the officers of said
corporation to execute the Contract and the bonds required thereby must be
attached hereto.
END OF DOCUMENT
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 09, Fine Arts & CIS/Math DOCUMENT 00 52 13-5
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Page 1 of 1
Cerritos Community College District
Bid No. 13P032 - Category 09 (Doors/Frames/Hardware)
Project: Fine Arts - CIS/Math Building
Designated Subcontractors Summary
Subcontractor Name
Street Address City State ZIP Portion of Work Bid Amount
The prime contractor will not be using any subcontractors
Abba Distributors dba Design Hardware
Los Angeles, CA
Back to Board AgendaBack to Board Agenda
CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 27
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. David El Fattal
Vice President of Business Services/
Assistant Superintendent
PREPARED BY:
Mark B. Logan
Director of Purchasing
SUBJECT: Consideration of Approval of Bid No. 13P032, Fine Arts CIS/Math
Building - Category 03, Landscaping
ACTION
It is recommended that the Board of Trustees approve the award of contract for Bid No. 13P032, Fine Arts
CIS/Math Building Category 03, Landscaping to Preferred Landscape, Inc. of Artesia, California, as the
lowest responsive, responsible bidder in the amount of $534,790, which equals the Total Base Bid Amount.
Board approval is contingent upon resolution of any bid protests during the applicable protest time period.
Board approval is also contingent upon the contractor awarded the project providing acceptable insurance
and bonding as required in the Bid and Contract Documents. Furthermore, this project has been determined
to be substantially complex pursuant to Resolution No. 12-04.
FISCAL IMPACT
The amount of the lowest responsive, responsible bid for the Total Base Bid Amount is $534,790. Funding
for this project will be allocated from the GO Bond.
REPORT SUMMARY
On July 1, 2014 and July 8, 2014, Cerritos College advertised the release of Bid No. 13P032 for the Fine
Arts CIS/Math Building project. In addition to advertisement in a local area publication, all prequalified
contractors with applicable licenses specific to each bid category on Cerritos College’s prequalification list
were invited to provide a bid for the project. A total of forty-six prequalified contractors were contacted for
this bid category alone. The project includes, but is not limited to, construction of the proposed Fine Arts and
CIS/Math Buildings, demolition of the existing utilities at the existing Technology Building and Child
Development Center, demolition of the existing Fine Arts Building, and various site work and improvements.
This particular bid category scope of work pertains to the landscaping portion of the project work. Pursuant
to Resolution No. 12-04 as approved by the Board of Trustees on February 15, 2012, this project was
determined to be substantially complex, therefore subject to retention in the amount of ten percent of the
total contract price.
The bid category had a bid due date of August 4, 2014. The project was bid as a multi-prime project, whereby
Cerritos College bid eighteen categories for various elements of the Project work. For Category 03
(Landscaping), a Class B, or Class C-27 license was required. The construction cost estimate for the project
was $736,100.00.
Back to Board AgendaBack to Board Agenda
Attendance was mandatory at either one of the two pre-bid conference meeting and job walks scheduled on
July 8, 2014 and July 11, 2014. A combined attendance total of one hundred twenty-three contractors
attended one of the two mandatory pre-bid conference and job walk meetings on July 8, 2014 and July 11,
2014.
Previous to the bid due date, reminders were sent to the eligible contractors, as well as several rounds of
phone calls to identify interest and confirm level of bid commitment from the potential bidders. Two
contractors submitted bids for this category of the multi-prime bid.
Recommendation of award of contract was predicated on the lowest responsive, responsible bidder for the
Total Base Bid Amount as stipulated in the Bid and Contract Documents. A summary of the Bid Opening
Results are attached hereto detailing the responsive bid received.
Upon completion of Cerritos College’s due diligence review, Preferred Landscape, Inc. is the lowest
responsive and responsible bidder for this project work, and acceptance of the bid is in the best interest of
the District. A summary of the contractor’s designated subcontractors that was submitted with their bid, as
required by Public Contract Code Section 4100 et seq., is attached.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
Bid Results for Bid No. 13P032, Fine Arts-CIS/Math BuildingCategory 03, Landscaping
Draft Contract Agreement for Bid No. 13P032Category 03 – Preferred Landscape, Inc.
Designated Subcontractors Summary Preferred Landscape, Inc.
Back to Board AgendaBack to Board Agenda
Page 1 of 1
Cerritos Community College District
Bid No. 13P032, Fine Arts - CIS/Math Building, Category 03 (Landscaping)
Bid Opening Results
Bid Due Date: August 4, 2014; 2:00 pm
Preferred Landscape, Inc.
Artesia, CA
Pierre Landscape, Inc.
Monrovia, CA
Base Bid Amount
484,790.00$ 491,036.00$
Allowance Amount
50,000.00$ 50,000.00$
TOTAL BASE BID AMOUNT
534,790.00$ 541,036.00$
Delta from Lowest Bid
6,246.00$
Back to Board AgendaBack to Board Agenda
PROJECT: Fine Arts-CIS/Math Building / BID NO.: 13P032
DATE OF CONTRACT: October 2, 2014 / CONTRACT NO.: 13P032-03,
Landscaping
DOLLAR VALUE: $534,790.00
LIQUIDATED DAMAGES: $2,500 per day
CONTRACTOR: Preferred Landscape, Inc.
TERM: 738 Calendar Days
TIME FOR COMPLETION:
_____________________
Preferred Landscape, Inc.
Address: 17032 Roseton Avenue, Artesia, CA 90707
Phone: 562-860-5020
Fax: 562-809-4916
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 03, Fine Arts & CIS/Math DOCUMENT 00 52 13-1
Back to Board AgendaBack to Board Agenda
AGREEMENT
This Agreement is made and entered into this 2
nd
day of October, 2014, by and between
the Cerritos Community College District (“District”) and Preferred Landscape, Inc.
(“Contractor”) (“Agreement”).
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by
these presents do covenant and agree with each other, as follows:
1. The Work: Contractor agrees to furnish all tools, equipment, apparatus, facilities,
labor, and material necessary to perform and complete in a good and workmanlike
manner, the work of the following project:
PROJECT:
13P032, Fine Arts-CIS/Math Building
Category 03, Landscaping
(“Project”)
It is understood and agreed that the Work shall be performed and completed as
required in the Contract Documents including, without limitation, the Drawings and
Specifications, under the direction and supervision of, and subject to, the approval of
the District or its authorized representative.
2. The Contract Documents: The complete Agreement consists of all Contract
Documents as defined in the General Conditions and incorporated herein by this
reference. Any and all obligations of the District and Contractor are fully set forth
and described in the Contract Documents. All Contract Documents are intended to
cooperate so that any Work called for in one and not mentioned in the other or vice
versa is to be executed the same as if mentioned in all Contract Documents.
3. Interpretation of Contract Documents: Should any question arise concerning
the intent or meaning of Contract Documents, including the Drawings or
Specifications, the question shall be submitted to the District for interpretation. If a
conflict exists in the Contract Documents, modifications, beginning with the most
recent, shall control over this Agreement (if any), which shall control over the
Special Conditions, which shall control over any Supplemental Conditions, which shall
control over the General Conditions, which shall control over the remaining Division 0
documents, which shall control over Division 1 Documents which shall control over
Division 2 through Division 33 documents, which shall control over figured
dimensions, which shall control over large-scale drawings, which shall control over
small-scale drawings. In no case shall a document calling for lower quality and/or
quantity material or workmanship control. The decision of the District in the matter
shall be final.
4. Time for Completion: It is hereby understood and agreed that the Work under this
Project shall be completed within SEVEN HUNDRED THIRTY-EIGHT (738)
consecutive calendar days (“Contract Time”) from the date specified in the
District's Notice to Proceed.
5. Coordination of Work: Should the Contractor fail to complete this Project, and the
Work provided herein, within the time fixed for completion, due allowance being
made for the contingencies provided for herein, the Contractor shall become liable to
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 03, Fine Arts & CIS/Math DOCUMENT 00 52 13-2
Back to Board AgendaBack to Board Agenda
the District for all loss and damage that the District may suffer on account thereof.
The Contractor shall coordinate its Work with the work of all other contractors. The
District shall not be liable for delays resulting from Contractor's failure to coordinate
its Work with other contractors in a manner that will allow timely completion of
Contractor's Work. Contractor shall be liable for delays to other contractors caused
by Contractor's failure to coordinate its Work with the work of other contractors.
6. Liquidated Damages: Time is of the essence for all Work under this Agreement.
It is hereby understood and agreed that it is and will be difficult and/or impossible to
ascertain and determine the actual damage that the District will sustain in the event
of and by reason of Contractor's delay; therefore, Contractor agrees that it shall pay
to the District the sum of TWO THOUSAND FIVE HUNDRED AND 00/100
DOLLARS ($2,500.00) per day as liquidated damages for each and every day's
delay beyond the time herein prescribed in finishing the Work. It is hereby
understood and agreed that this amount is not a penalty.
In the event any portion of the liquidated damages are not paid to the District, the
District may deduct that amount from any money due or that may become due the
Contractor under this Agreement. The District's right to assess liquidated damages
is as indicated herein and in the General Conditions.
The time during which the Contract is delayed for cause as hereinafter specified may
extend the time of completion for a reasonable time as the District may grant. This
provision does not exclude the recovery of damages for delay by either party under
other provisions in the Contract Documents.
7. Loss Or Damage: The District and its authorized representatives shall not in any
way or manner be answerable or suffer loss, damage, expense, or liability for any
loss or damage that may happen to the Work, or any part thereof, or in or about the
same during its construction and before acceptance, and the Contractor shall assume
all liabilities of every kind or nature arising from the Work, either by accident,
negligence, theft, vandalism, or any cause whatever; and shall hold the District and
its authorized representatives harmless from all liability of every kind and nature
arising from accident, negligence, or any cause whatever.
8. Insurance and Bonds: Contractor shall provide all required certificates of
insurance, and payment and performance bonds as evidence thereof.
9. Execution of Work: If the Contractor should neglect to execute the Work properly
or fail to perform any provisions of this Agreement, the District, may, pursuant to
the General Conditions and without prejudice to any other remedy it may have,
make good such deficiencies and may deduct the cost thereof from the payment
then or thereafter due the Contractor.
10. District Representatives: Contractor hereby acknowledges that the Architect(s),
District’s Agent, the Project Inspector(s), and the Division of the State Architect have
authority to approve and/or stop
work if the Contractor’s Work does not comply with
the requirements of the Contract Documents, Title 24 of the California Code of
Regulations, and all applicable laws. The Contractor shall be liable for any delay
caused by its non-compliant Work.
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 03, Fine Arts & CIS/Math DOCUMENT 00 52 13-3
Back to Board AgendaBack to Board Agenda
11. Assignment of Contract: Neither the Contract, nor any part thereof, nor any
moneys due or to become due thereunder, may be assigned by the Contractor
without the written approval of the District, nor without the written consent of the
Surety on the Contractor's Performance Bond (the “Surety”), unless the Surety has
waived in writing its right to notice of assignment.
12. Classification of Contractor’s License: Contractor hereby acknowledges that it
currently holds valid Type C-27 Contractor's license(s) issued by the State of
California, Contractor's State Licensing Board, in accordance with division 3, chapter
9, of the Business and Professions Code and in the classification called for in the
Contract Documents.
13. Payment of Prevailing Wages: The Contractor and all Subcontractors under the
Contractor shall pay all workers on all Work performed pursuant to
this Agreement
not less than the general prevailing rate of per diem wages and the general
prevailing rate for holiday and overtime work as determined by the Director of the
Department of Industrial Relations, State of California, for the type of work
performed and the locality in which the work is to be performed within the
boundaries of the District, pursuant to sections 1770 et seq. of the California Labor
Code.
14. [Labor Compliance: If the District has adopted a labor compliance program which
is applicable to the Project or if the Project is subject to State labor compliance
monitored and enforced by the Compliance Monitoring Unit of the Department of
Industrial Relations, Contractor specifically acknowledges and understands that it
shall perform the Work of this Agreement while complying with all the applicable
provisions of the District’s labor compliance program or State labor compliance, if
applicable, including, without limitation, the requirement that the Contractor and all
of its Subcontractors shall timely submit complete and accurate certified payroll
records as required by the Contract Documents, or the District cannot issue
payment.]
15. Contract Price: In consideration of the foregoing covenants, promises, and
agreements on the part of the Contractor, and the strict and literal fulfillment of each
and every covenant, promise, and agreement, and as compensation agreed upon for
the Work and construction, erection, and completion as aforesaid, the District
covenants, promises, and agrees that it will well and truly pay and cause to be paid
to the Contractor in full, and as the full Contract Price and compensation for
construction, erection, and completion of the Work hereinabove agreed to be
performed by the Contractor, the following price:
Five Hundred Thirty-Four Thousand Seven Hundred Ninety and
00/100 Dollars
($534,790.00)
,
in lawful money of the United States, which sum is to be paid according to the
schedule provided by the Contractor and accepted by the District and subject to
additions and deductions as provided in the Contract. This amount supersedes any
previously stated and/or agreed to amount(s).
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 03, Fine Arts & CIS/Math DOCUMENT 00 52 13-4
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16. Severability: If any term, covenant, condition, or provision in any of the Contract
Documents is held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remainder of the provisions in the Contract Documents shall
remain in full force and effect and shall in no way be affected, impaired, or
invalidated thereby.
IN WITNESS WHEREOF, accepted and agreed on the date indicated above:
CONTRACTOR DISTRICT
PREFERRED LANDSCAPE, INC. CERRITOS COMMUNITY COLLEGE
DISTRICT
By: By:
Title: President Title: Vice President of Business Services
Print Name: Mark Rose Print Name: Dr. David El Fattal
NOTE: If the party executing
this Agreement is a corporation, a certified copy of the by-
laws, or of the resolution of the Board of Directors, authorizing the officers of said
corporation to execute the Contract and the bonds required thereby must be
attached hereto.
END OF DOCUMENT
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 03, Fine Arts & CIS/Math DOCUMENT 00 52 13-5
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Page 1 of 1
Cerritos Community College District
Bid No. 13P032 - Category 03 (Landscaping)
Project: Fine Arts - CIS/Math Building
Designated Subcontractors Summary
Subcontractor Name
Street Address City State ZIP Portion of Work Bid Amount
The prime contractor will not be using any subcontractors
Preferred Landscape, Inc.
Artesia, CA
Back to Board AgendaBack to Board Agenda
CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 28
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. David El Fattal
Vice President of Business Services/
Assistant Superintendent
PREPARED BY:
Mark B. Logan
Director of Purchasing
SUBJECT: Consideration of Approval of Bid No. 13P032, Fine Arts CIS/Math
Building - Category 02, Demolition and Abatement/Grading/Paving
ACTION
It is recommended that the Board of Trustees approve the award of contract for Bid No. 13P032, Fine Arts
CIS/Math Building Category 02, Demolition and Abatement/Grading/Paving to Fata Construction and
Development of Riverside, California, as the lowest responsive, responsible bidder in the amount of
$943,000, which equals the Total Base Bid Amount.
Board approval is contingent upon resolution of any bid protests during the applicable protest time period.
Board approval is also contingent upon the contractor awarded the project providing acceptable insurance
and bonding as required in the Bid and Contract Documents. Furthermore, this project has been determined
to be substantially complex pursuant to Resolution No. 12-04.
FISCAL IMPACT
The amount of the lowest responsive, responsible bid for the Total Base Bid Amount is $943,000. Funding
for this project will be allocated from the GO Bond.
REPORT SUMMARY
On July 1, 2014 and July 8, 2014, Cerritos College advertised the release of Bid No. 13P032 for the Fine
Arts CIS/Math Building project. In addition to advertisement in a local area publication, all prequalified
contractors with applicable licenses specific to each bid category on Cerritos College’s prequalification list
were invited to provide a bid for the project. A total of fifty-five prequalified contractors were contacted for this
bid category alone. The project includes, but is not limited to, construction of the proposed Fine Arts and
CIS/Math Buildings, demolition of the existing utilities at the existing Technology Building and Child
Development Center, demolition of the existing Fine Arts Building, and various site work and improvements.
This particular bid category scope of work pertains to the demolition and abatement, grading, and paving
portion of the project work. Pursuant to Resolution No. 12-04 as approved by the Board of Trustees on
February 15, 2012, this project was determined to be substantially complex, therefore subject to retention in
the amount of ten percent of the total contract price.
The bid category had a bid due date of August 4, 2014. The project was bid as a multi-prime project, whereby
Cerritos College bid eighteen categories for various elements of the Project work. For Category 02
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(Demolition and Abatement/Grading/Paving), a Class A, Class B, Class C-12, or Class C-21 license was
required. The construction cost estimate for this portion of the project work was approximately $1,054,000.
Attendance was mandatory at either one of the two pre-bid conference meeting and job walks scheduled on
July 8, 2014 and July 11, 2014. A combined attendance total of one hundred twenty-three contractors
attended one of the two mandatory pre-bid conference and job walk meetings on July 8, 2014 and July 11,
2014.
Previous to the bid due date, reminders were sent to the eligible contractors, as well as several rounds of
phone calls to identify interest and confirm level of bid commitment from the potential bidders. Three
contractors submitted bids for this category of the multi-prime bid.
Recommendation of award of contract was predicated on the lowest responsive, responsible bidder for the
Total Base Bid Amount as stipulated in the Bid and Contract Documents. A summary of the Bid Opening
Results are attached hereto detailing the responsive bid received.
Upon completion of Cerritos College’s due diligence review, Fata Construction and Development is the
lowest responsive and responsible bidder for this project work, and acceptance of the bid is in the best
interest of the District. A summary of the contractor’s designated subcontractors that was submitted with their
bid, as required by Public Contract Code Section 4100 et seq., is attached.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
Bid Results for Bid No. 13P032, Fine Arts-CIS/Math BuildingCategory 02, Demolition &
Abatement/Grading/Paving
Draft Contract Agreement for Bid No. 13P032Category 02 – Fata Construction and Development
Designated Subcontractors Summary Fata Construction and Development
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Page 1 of 1
Cerritos Community College District
Bid No. 13P032, Fine Arts - CIS/Math Building, Category 02 (Demolition & Abatement/Grading/Paving)
Bid Opening Results
Bid Due Date: August 4, 2014; 2:00 pm
Fata Construction & Development
Riverside, CA
Crew, Inc.
Rancho Dominguez, CA
NorthStar Demolition &
Remediation, LP
Brea, CA
Base Bid Amount
893,000.00$ 1,246,860.00$ 1,427,800.00$
Allowance Amount
50,000.00$ 50,000.00$ 50,000.00$
TOTAL BASE BID AMOUNT
943,000.00$ 1,296,860.00$ 1,477,800.00$
Delta from Lowest Bid 353,860.00$ 534,800.00$
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PROJECT: Fine Arts-CIS/Math Building / BID NO.: 13P032
DATE OF CONTRACT: October 2, 2014 / CONTRACT NO.: 13P032-02, Demolition
& Abatement/Grading/Paving
DOLLAR VALUE: $943,000.00
LIQUIDATED DAMAGES: $2,500.00 per day
CONTRACTOR: Fata Construction and Development
TERM: 738 Calendar Days
TIME FOR COMPLETION:
_____________________
Fata Construction & Development
Address: 20647 Brana Road, Riverside, CA 92508
Phone: 951-786-8126
Fax: 951-780-8071
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 02, Fine Arts & CIS/Math DOCUMENT 00 52 13-1
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AGREEMENT
This Agreement is made and entered into this 2
nd
day of October, 2014, by and between
the Cerritos Community College District (“District”) and Fata Construction and
Development (“Contractor”) (“Agreement”).
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by
these presents do covenant and agree with each other, as follows:
1. The Work: Contractor agrees to furnish all tools, equipment, apparatus, facilities,
labor, and material necessary to perform and complete in a good and workmanlike
manner, the work of the following project:
PROJECT:
13P032, Fine Arts-CIS/Math Building
Category 02, Demolition & Abatement/Grading/Paving
(“Project)
It is understood and agreed that the Work shall be performed and completed as
required in the Contract Documents including, without limitation, the Drawings and
Specifications, under the direction and supervision of, and subject to, the approval of
the District or its authorized representative.
2. The Contract Documents: The complete Agreement consists of all Contract
Documents as defined in the General Conditions and incorporated herein by this
reference. Any and all obligations of the District and Contractor are fully set forth
and described in the Contract Documents. All Contract Documents are intended to
cooperate so that any Work called for in one and not mentioned in the other or vice
versa is to be executed the same as if mentioned in all Contract Documents.
3. Interpretation of Contract Documents: Should any question arise concerning
the intent or meaning of Contract Documents, including the Drawings or
Specifications, the question shall be submitted to the District for interpretation. If a
conflict exists in the Contract Documents, modifications, beginning with the most
recent, shall control over this Agreement (if any), which shall control over the
Special Conditions, which shall control over any Supplemental Conditions, which shall
control over the General Conditions, which shall control over the remaining Division 0
documents, which shall control over Division 1 Documents which shall control over
Division 2 through Division 33 documents, which shall control over figured
dimensions, which shall control over large-scale drawings, which shall control over
small-scale drawings. In no case shall a document calling for lower quality and/or
quantity material or workmanship control. The decision of the District in the matter
shall be final.
4. Time for Completion: It is hereby understood and agreed that the Work under this
Project shall be completed within SEVEN HUNDRED THIRTY-EIGHT (738)
consecutive calendar days (“Contract Time”) from the date specified in the
District's Notice to Proceed.
5. Coordination of Work: Should the Contractor fail to complete this Project, and the
Work provided herein, within the time fixed for completion, due allowance being
made for the contingencies provided for herein, the Contractor shall become liable to
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 02, Fine Arts & CIS/Math DOCUMENT 00 52 13-2
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the District for all loss and damage that the District may suffer on account thereof.
The Contractor shall coordinate its Work with the work of all other contractors. The
District shall not be liable for delays resulting from Contractor's failure to coordinate
its Work with other contractors in a manner that will allow timely completion of
Contractor's Work. Contractor shall be liable for delays to other contractors caused
by Contractor's failure to coordinate its Work with the work of other contractors.
6. Liquidated Damages: Time is of the essence for all Work under this Agreement.
It is hereby understood and agreed that it is and will be difficult and/or impossible to
ascertain and determine the actual damage that the District will sustain in the event
of and by reason of Contractor's delay; therefore, Contractor agrees that it shall pay
to the District the sum of TWO THOUSAND FIVE HUNDRED AND 00/100
DOLLARS ($2,500.00)
per day as liquidated damages for each and every day's
delay beyond the time herein prescribed in finishing the Work. It is hereby
understood and agreed that this amount is not a penalty.
In the event any portion of the liquidated damages are not paid to the District, the
District may deduct that amount from any money due or that may become due the
Contractor under this Agreement. The District's right to assess liquidated damages
is as indicated herein and in the General Conditions.
The time during which the Contract is delayed for cause as hereinafter specified may
extend the time of completion for a reasonable time as the District may grant. This
provision does not exclude the recovery of damages for delay by either party under
other provisions in the Contract Documents.
7. Loss Or Damage: The District and its authorized representatives shall not in any
way or manner be answerable or suffer loss, damage, expense, or liability for any
loss or damage that may happen to the Work, or any part thereof, or in or about the
same during its construction and before acceptance, and the Contractor shall assume
all liabilities of every kind or nature arising from the Work, either by accident,
negligence, theft, vandalism, or any cause whatever; and shall hold the District and
its authorized representatives harmless from all liability of every kind and nature
arising from accident, negligence, or any cause whatever.
8. Insurance and Bonds: Contractor shall provide all required certificates of
insurance, and payment and performance bonds as evidence thereof.
9. Execution of Work: If the Contractor should neglect to execute the Work properly
or fail to perform any provisions of this Agreement, the District, may, pursuant to
the General Conditions and without prejudice to any other remedy it may have,
make good such deficiencies and may deduct the cost thereof from the payment
then or thereafter due the Contractor.
10. District Representatives: Contractor hereby acknowledges that the Architect(s),
District’s Agent, the Project Inspector(s), and the Division of the State Architect have
authority to approve and/or stop work if the Contractor’s Work does not comply with
the requirements of the Contract Documents, Title 24 of the California Code of
Regulations, and all applicable laws. The Contractor shall be liable for any delay
caused by its non-compliant Work.
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 02, Fine Arts & CIS/Math DOCUMENT 00 52 13-3
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11. Assignment of Contract: Neither the Contract, nor any part thereof, nor any
moneys due or to become due thereunder, may be assigned by the Contractor
without the written approval of the District, nor without the written consent of the
Surety on the Contractor's Performance Bond (the “Surety”), unless the Surety has
waived in writing its right to notice of assignment.
12. Classification of Contractor’s License: Contractor hereby acknowledges that it
currently holds valid Type A Contractor's license(s) issued by the State of California,
Contractor's State Licensing Board, in accordance with division 3, chapter 9, of the
Business and Professions Code and in the classification called for in the Contract
Documents.
13. Payment of Prevailing Wages: The Contractor and all Subcontractors under the
Contractor shall pay all workers on all Work performed pursuant to
this Agreement
not less than the general prevailing rate of per diem wages and the general
prevailing rate for holiday and overtime work as determined by the Director of the
Department of Industrial Relations, State of California, for the type of work
performed and the locality in which the work is to be performed within the
boundaries of the District, pursuant to sections 1770 et seq. of the California Labor
Code.
14. Labor Compliance: If the District has adopted a labor compliance program which is
applicable to the Project or if the Project is subject to State labor compliance
monitored and enforced by the Compliance Monitoring Unit of the Department of
Industrial Relations, Contractor specifically acknowledges and understands that it
shall perform the Work of this Agreement while complying with all the applicable
provisions of the District’s labor compliance program or State labor compliance, if
applicable, including, without limitation, the requirement that the Contractor and all
of its Subcontractors shall timely submit complete and accurate certified payroll
records as required by the Contract Documents, or the District cannot issue
payment.
15. Contract Price: In consideration of the foregoing covenants, promises, and
agreements on the part of the Contractor, and the strict and literal fulfillment of each
and every covenant, promise, and agreement, and as compensation agreed upon for
the Work and construction, erection, and completion as aforesaid, the District
covenants, promises, and agrees that it will well and truly pay and cause to be paid
to the Contractor in full, and as the full Contract Price and compensation for
construction, erection, and completion of the Work hereinabove agreed to be
performed by the Contractor, the following price:
Nine Hundred Forty-Three Thousand and 00/100 Dollars
($943,000.00)
,
in lawful money of the United States, which sum is to be paid according to the
schedule provided by the Contractor and accepted by the District and subject to
additions and deductions as provided in the Contract. This amount supersedes any
previously stated and/or agreed to amount(s).
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 02, Fine Arts & CIS/Math DOCUMENT 00 52 13-4
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16. Severability: If any term, covenant, condition, or provision in any of the Contract
Documents is held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remainder of the provisions in the Contract Documents shall
remain in full force and effect and shall in no way be affected, impaired, or
invalidated thereby.
IN WITNESS WHEREOF, accepted and agreed on the date indicated above:
CONTRACTOR DISTRICT
FATA CONSTRUCTION AND DEVELOPMENT CERRITOS COMMUNITY COLLEGE
DISTRICT
By: By:
Title: Title: Vice President of Business Services
Print Name:______________ Print Name: Dr. David El Fattal
NOTE: If the party executing
this Agreement is a corporation, a certified copy of the by-
laws, or of the resolution of the Board of Directors, authorizing the officers of said
corporation to execute the Contract and the bonds required thereby must be
attached hereto.
END OF DOCUMENT
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 02, Fine Arts & CIS/Math DOCUMENT 00 52 13-5
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Page 1 of 1
Cerritos Community College District
Bid No. 13P032 - Category 02 (Demolition and Abatement/Grading/Paving)
Project: Fine Arts - CIS/Math Building
Designated Subcontractors Summary
Subcontractor Name
Street Address City
State
ZIP Portion of Work Bid Amount
Naya Services, Inc. 1490 S. Vineyard Ave Ontario CA 91761 Abatement 100,000.00$
Fata Construction and Development
Riverside, CA
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CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 29
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. David El Fattal
Vice President of Business Services/
Assistant Superintendent
PREPARED BY:
Mark B. Logan
Director of Purchasing
SUBJECT: Consideration of Approval of Bid No. 13P032, Fine Arts CIS/Math
Building - Category 06, Architectural Woodwork
ACTION
It is recommended that the Board of Trustees approve the award of contract for Bid No. 13P032, Fine Arts
CIS/Math Building Category 06, Architectural Woodwork to K & Z Cabinet Co., Inc. of Ontario, California,
as the lowest responsive, responsible bidder in the amount of $1,093,500, which equals the Total Base Bid
Amount.
Board approval is contingent upon resolution of any bid protests during the applicable protest time period.
Board approval is also contingent upon the contractor awarded the project providing acceptable insurance
and bonding as required in the Bid and Contract Documents. Furthermore, this project has been determined
to be substantially complex pursuant to Resolution No. 12-04.
FISCAL IMPACT
The amount of the lowest responsive, responsible bid for the Total Base Bid Amount is $1,093,500. Funding
for this project will be allocated from the GO Bond.
REPORT SUMMARY
On July 1, 2014 and July 8, 2014, Cerritos College advertised the release of Bid No. 13P032 for the Fine
Arts CIS/Math Building project. In addition to advertisement in a local area publication, all prequalified
contractors with applicable licenses specific to each bid category on Cerritos College’s prequalification list
were invited to provide a bid for the project. A total of forty-six prequalified contractors were contacted for
this bid category alone. The project includes, but is not limited to, construction of the proposed Fine Arts and
CIS/Math Buildings, demolition of the existing utilities at the existing Technology Building and Child
Development Center, demolition of the existing Fine Arts Building, and various site work and improvements.
This particular bid category scope of work pertains to the architectural woodwork portion of the project work.
Pursuant to Resolution No. 12-04 as approved by the Board of Trustees on February 15, 2012, this project
was determined to be substantially complex, therefore subject to retention in the amount of ten percent of
the total contract price.
The bid category had a bid due date of August 4, 2014. The project was bid as a multi-prime project, whereby
Cerritos College bid eighteen categories for various elements of the Project work. For Category 06
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(Architectural Woodwork), a Class B, or Class C-6 license was required. The construction cost estimate for
the project was approximately $1,149,900.
Attendance was mandatory at either one of the two pre-bid conference meeting and job walks scheduled on
July 8, 2014 and July 11, 2014. A combined attendance total of one hundred twenty-three contractors
attended one of the two mandatory pre-bid conference and job walk meetings on July 8, 2014 and July 11,
2014.
Previous to the bid due date, reminders were sent to the eligible contractors, as well as several rounds of
phone calls to identify interest and confirm level of bid commitment from the potential bidders. Two
contractors submitted bids for this category of the multi-prime bid.
Recommendation of award of contract was predicated on the lowest responsive, responsible bidder for the
Total Base Bid Amount as stipulated in the Bid and Contract Documents. A summary of the Bid Opening
Results are attached hereto detailing the responsive bid received.
Upon completion of Cerritos College’s due diligence review, K & Z Cabinet Co., Inc. is the lowest responsive
and responsible bidder for this project work, and acceptance of the bid is in the best interest of the District.
A summary of the contractor’s designated subcontractors that was submitted with their bid, as required by
Public Contract Code Section 4100 et seq., is attached.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
Bid Results for Bid No. 13P032, Fine Arts-CIS/Math Building Category 06, Architectural Woodwork
Draft Contract Agreement for Bid No. 13P032 Category 06 – K & Z Cabinet Co., Inc.
Designated Subcontractors Summary K & Z Cabinet Co., Inc.
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Page 1 of 1
Cerritos Community College District
Bid No. 13P032, Fine Arts - CIS/Math Building, Category 06 (Architectural Woodwork)
Bid Opening Results
Bid Due Date: August 4, 2014; 2:00 pm
K & Z Cabinet Co., Inc.
Ontario, CA
Dow Diversified, Inc.
Costa Mesa, CA
Base Bid Amount
1,093,500.00$ 1,431,473.00$
Allowance Amount
TOTAL BASE BID AMOUNT
1,093,500.00$ 1,431,473.00$
Delta from Lowest Bid
337,973.00$
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PROJECT: Fine Arts-CIS/Math Building / BID NO.: 13P032
DATE OF CONTRACT: October 2, 2014 / CONTRACT NO.: 13P032-06,
Architectural Woodwork
DOLLAR VALUE: $1,093,500.00
LIQUIDATED DAMAGES: $2,500.00 per day
CONTRACTOR: K & Z Cabinet Co., Inc.
TERM: 738 Calendar Days
TIME FOR COMPLETION:
_____________________
K & Z Cabinet Co., Inc.
Address: 1450 So. Grove Avenue, Ontario, CA 91761
Phone: 909-947-3567
Fax: 909-947-3264
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 06, Fine Arts & CIS/Math DOCUMENT 00 52 13-1
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AGREEMENT
This Agreement is made and entered into this 2
nd
day of October, 2014, by and between
the Cerritos Community College District (“District”) and K & Z Cabinet Co., Inc.
(“Contractor”) (“Agreement”).
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by
these presents do covenant and agree with each other, as follows:
1. The Work: Contractor agrees to furnish all tools, equipment, apparatus, facilities,
labor, and material necessary to perform and complete in a good and workmanlike
manner, the work of the following project:
PROJECT:
13P032, Fine Arts-CIS/Math Building
Category 06, Architectural Woodwork
(“Project”)
It is understood and agreed that the Work shall be performed and completed as
required in the Contract Documents including, without limitation, the Drawings and
Specifications, under the direction and supervision of, and subject to, the approval of
the District or its authorized representative.
2. The Contract Documents: The complete Agreement consists of all Contract
Documents as defined in the General Conditions and incorporated herein by this
reference. Any and all obligations of the District and Contractor are fully set forth
and described in the Contract Documents. All Contract Documents are intended to
cooperate so that any Work called for in one and not mentioned in the other or vice
versa is to be executed the same as if mentioned in all Contract Documents.
3. Interpretation of Contract Documents: Should any question arise concerning
the intent or meaning of Contract Documents, including the Drawings or
Specifications, the question shall be submitted to the District for interpretation. If a
conflict exists in the Contract Documents, modifications, beginning with the most
recent, shall control over this Agreement (if any), which shall control over the
Special Conditions, which shall control over any Supplemental Conditions, which shall
control over the General Conditions, which shall control over the remaining Division 0
documents, which shall control over Division 1 Documents which shall control over
Division 2 through Division 33 documents, which shall control over figured
dimensions, which shall control over large-scale drawings, which shall control over
small-scale drawings. In no case shall a document calling for lower quality and/or
quantity material or workmanship control. The decision of the District in the matter
shall be final.
4. Time for Completion: It is hereby understood and agreed that the Work under this
Project shall be completed within SEVEN HUNDRED THIRTY-EIGHT (738)
consecutive calendar days (“Contract Time”) from the date specified in the
District's Notice to Proceed.
5. Coordination of Work: Should the Contractor fail to complete this Project, and the
Work provided herein, within the time fixed for completion, due allowance being
made for the contingencies provided for herein, the Contractor shall become liable to
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 06, Fine Arts & CIS/Math DOCUMENT 00 52 13-2
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the District for all loss and damage that the District may suffer on account thereof.
The Contractor shall coordinate its Work with the work of all other contractors. The
District shall not be liable for delays resulting from Contractor's failure to coordinate
its Work with other contractors in a manner that will allow timely completion of
Contractor's Work. Contractor shall be liable for delays to other contractors caused
by Contractor's failure to coordinate its Work with the work of other contractors.
6. Liquidated Damages: Time is of the essence for all Work under this Agreement.
It is hereby understood and agreed that it is and will be difficult and/or impossible to
ascertain and determine the actual damage that the District will sustain in the event
of and by reason of Contractor's delay; therefore, Contractor agrees that it shall pay
to the District the sum of TWO THOUSAND FIVE HUNDRED AND 00/100
DOLLARS ($2,500.00) per day as liquidated damages for each and every day's
delay beyond the time herein prescribed in finishing the Work. It is hereby
understood and agreed that this amount is not a penalty.
In the event any portion of the liquidated damages are not paid to the District, the
District may deduct that amount from any money due or that may become due the
Contractor under this Agreement. The District's right to assess liquidated damages
is as indicated herein and in the General Conditions.
The time during which the Contract is delayed for cause as hereinafter specified may
extend the time of completion for a reasonable time as the District may grant. This
provision does not exclude the recovery of damages for delay by either party under
other provisions in the Contract Documents.
7. Loss Or Damage: The District and its authorized representatives shall not in any
way or manner be answerable or suffer loss, damage, expense, or liability for any
loss or damage that may happen to the Work, or any part thereof, or in or about the
same during its construction and before acceptance, and the Contractor shall assume
all liabilities of every kind or nature arising from the Work, either by accident,
negligence, theft, vandalism, or any cause whatever; and shall hold the District and
its authorized representatives harmless from all liability of every kind and nature
arising from accident, negligence, or any cause whatever.
8. Insurance and Bonds: Contractor shall provide all required certificates of
insurance, and payment and performance bonds as evidence thereof.
9. Execution of Work: If the Contractor should neglect to execute the Work properly
or fail to perform any provisions of this Agreement, the District, may, pursuant to
the General Conditions and without prejudice to any other remedy it may have,
make good such deficiencies and may deduct the cost thereof from the payment
then or thereafter due the Contractor.
10. District Representatives: Contractor hereby acknowledges that the Architect(s),
District’s Agent, the Project Inspector(s), and the Division of the State Architect have
authority to approve and/or stop
work if the Contractor’s Work does not comply with
the requirements of the Contract Documents, Title 24 of the California Code of
Regulations, and all applicable laws. The Contractor shall be liable for any delay
caused by its non-compliant Work.
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 06, Fine Arts & CIS/Math DOCUMENT 00 52 13-3
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11. Assignment of Contract: Neither the Contract, nor any part thereof, nor any
moneys due or to become due thereunder, may be assigned by the Contractor
without the written approval of the District, nor without the written consent of the
Surety on the Contractor's Performance Bond (the “Surety”), unless the Surety has
waived in writing its right to notice of assignment.
12. Classification of Contractor’s License: Contractor hereby acknowledges that it
currently holds valid Type C-6 Contractor's license(s) issued by the State of
California, Contractor's State Licensing Board, in accordance with division 3, chapter
9, of the Business and Professions Code and in the classification called for in the
Contract Documents.
13. Payment of Prevailing Wages: The Contractor and all Subcontractors under the
Contractor shall pay all workers on all Work performed pursuant to
this Agreement
not less than the general prevailing rate of per diem wages and the general
prevailing rate for holiday and overtime work as determined by the Director of the
Department of Industrial Relations, State of California, for the type of work
performed and the locality in which the work is to be performed within the
boundaries of the District, pursuant to sections 1770 et seq. of the California Labor
Code.
14. [Labor Compliance: If the District has adopted a labor compliance program which
is applicable to the Project or if the Project is subject to State labor compliance
monitored and enforced by the Compliance Monitoring Unit of the Department of
Industrial Relations, Contractor specifically acknowledges and understands that it
shall perform the Work of this Agreement while complying with all the applicable
provisions of the District’s labor compliance program or State labor compliance, if
applicable, including, without limitation, the requirement that the Contractor and all
of its Subcontractors shall timely submit complete and accurate certified payroll
records as required by the Contract Documents, or the District cannot issue
payment.]
15. Contract Price: In consideration of the foregoing covenants, promises, and
agreements on the part of the Contractor, and the strict and literal fulfillment of each
and every covenant, promise, and agreement, and as compensation agreed upon for
the Work and construction, erection, and completion as aforesaid, the District
covenants, promises, and agrees that it will well and truly pay and cause to be paid
to the Contractor in full, and as the full Contract Price and compensation for
construction, erection, and completion of the Work hereinabove agreed to be
performed by the Contractor, the following price:
One Million Ninety-Three Thousand Five Hundred and 00/100 Dollars
($1,093,500.00)
,
in lawful money of the United States, which sum is to be paid according to the
schedule provided by the Contractor and accepted by the District and subject to
additions and deductions as provided in the Contract. This amount supersedes any
previously stated and/or agreed to amount(s).
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 06, Fine Arts & CIS/Math DOCUMENT 00 52 13-4
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16. Severability: If any term, covenant, condition, or provision in any of the Contract
Documents is held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remainder of the provisions in the Contract Documents shall
remain in full force and effect and shall in no way be affected, impaired, or
invalidated thereby.
IN WITNESS WHEREOF, accepted and agreed on the date indicated above:
CONTRACTOR DISTRICT
K & Z CABINET CO., INC. CERRITOS COMMUNITY COLLEGE
DISTRICT
By: By:
Title: President Title: Vice President of Business Services
Print Name: Dennis Chan Print Name: Dr. David El Fattal
NOTE: If the party executing
this Agreement is a corporation, a certified copy of the by-
laws, or of the resolution of the Board of Directors, authorizing the officers of said
corporation to execute the Contract and the bonds required thereby must be
attached hereto.
END OF DOCUMENT
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 06, Fine Arts & CIS/Math DOCUMENT 00 52 13-5
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Page 1 of 1
Cerritos Community College District
Bid No. 13P032 - Category 06 (Architectural Woodwork)
Project: Fine Arts - CIS/Math Building
Designated Subcontractors Summary
Subcontractor Name
Street Address City State ZIP Portion of Work Bid Amount
REF Industries, Inc. 7915 Center Ave. Rancho Cucamonga CA 91730 Stainless Steel Tops & Cabinets 187,899.00$
RB Olson Construction , Inc. 1323 Farview Ln. Redlands CA 92374 Exterior Trespa Paneling 56,350.00$
K & Z Cabinet Co., Inc.
Ontario, CA
Back to Board AgendaBack to Board Agenda
CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 30
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. David El Fattal
Vice President of Business Services/
Assistant Superintendent
PREPARED BY:
Mark B. Logan
Director of Purchasing
SUBJECT: Consideration of Approval of Bid No. 13P032, Fine Arts CIS/Math
Building - Category 13, Finish Flooring
ACTION
It is recommended that the Board of Trustees approve the award of contract for Bid No. 13P032, Fine Arts
CIS/Math Building Category 13, Finish Flooring to Continental Flooring, Inc. of Rancho Cucamonga,
California, as the lowest responsive, responsible bidder in the amount of $205,847, which equals the Total
Base Bid Amount.
Board approval is contingent upon resolution of any bid protests during the applicable protest time period.
Board approval is also contingent upon the contractor awarded the project providing acceptable insurance
and bonding as required in the Bid and Contract Documents. Furthermore, this project has been determined
to be substantially complex pursuant to Resolution No. 12-04.
FISCAL IMPACT
The amount of the lowest responsive, responsible bid for the Total Base Bid Amount is $205,847. Funding
for this project will be allocated from the GO Bond.
REPORT SUMMARY
On July 1, 2014 and July 8, 2014, Cerritos College advertised the release of Bid No. 13P032 for the Fine
Arts CIS/Math Building project. In addition to advertisement in a local area publication, all prequalified
contractors with applicable licenses specific to each bid category on Cerritos College’s prequalification list
were invited to provide a bid for the project. A total of fifty-five prequalified contractors were contacted for this
bid category alone. The project includes, but is not limited to, construction of the proposed Fine Arts and
CIS/Math Buildings, demolition of the existing utilities at the existing Technology Building and Child
Development Center, demolition of the existing Fine Arts Building, and various site work and improvements.
This particular bid category scope of work pertains to the finish flooring portion of the project work. Pursuant
to Resolution No. 12-04 as approved by the Board of Trustees on February 15, 2012, this project was
determined to be substantially complex, therefore subject to retention in the amount of ten percent of the
total contract price.
The bid category had a bid due date of August 4, 2014. The project was bid as a multi-prime project, whereby
Cerritos College bid eighteen categories for various elements of the Project work. For Category 13 (Finish
Back to Board AgendaBack to Board Agenda
Flooring), a Class B, or Class C-15 license was required. The construction cost estimate for the project was
approximately $423,700.
Attendance was mandatory at either one of the two pre-bid conference meeting and job walks scheduled on
July 8, 2014 and July 11, 2014. A combined attendance total of one hundred twenty-three contractors
attended one of the two mandatory pre-bid conference and job walk meetings on July 8, 2014 and July 11,
2014.
Previous to the bid due date, reminders were sent to the eligible contractors, as well as several rounds of
phone calls to identify interest and confirm level of bid commitment from the potential bidders. Two
contractors submitted bids for this category of the multi-prime bid.
Recommendation of award of contract was predicated on the lowest responsive, responsible bidder for the
Total Base Bid Amount as stipulated in the Bid and Contract Documents. A summary of the Bid Opening
Results are attached hereto detailing the responsive bid received.
Upon completion of Cerritos College’s due diligence review, Continental Flooring, Inc. is the lowest
responsive and responsible bidder for this project work, and acceptance of the bid is in the best interest of
the District. A summary of the contractor’s designated subcontractors that was submitted with their bid, as
required by Public Contract Code Section 4100 et seq., is attached.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
Bid Results for Bid No. 13P032, Fine Arts-CIS/Math BuildingCategory 13, Finish Flooring
Draft Contract Agreement for Bid No. 13P032Category 13 – Continental Flooring, Inc.
Designated Subcontractors Summary Continental Flooring, Inc.
Back to Board AgendaBack to Board Agenda
Page 1 of 1
Cerritos Community College District
Bid No. 13P032, Fine Arts - CIS/Math Building, Category 13 (Finish Flooring)
Bid Opening Results
Bid Due Date: August 4, 2014; 2:00 pm
Continental Flooring, Inc.
Rancho Cucamonga, CA
Donald M. Hoover Company
Fontana, CA
Base Bid Amount
180,847.00$ 190,580.00$
Allowance Amount
25,000.00$ 25,000.00$
TOTAL BASE BID AMOUNT
205,847.00$ 215,580.00$
Delta from Lowest Bid
9,733.00$
Back to Board AgendaBack to Board Agenda
PROJECT: Fine Arts-CIS/Math Building / BID NO.: 13P032
DATE OF CONTRACT: October 2, 2014 / CONTRACT NO.: 13P032-13, Finish
Flooring
DOLLAR VALUE: $205,847.00
LIQUIDATED DAMAGES: $2,500.00 per day
CONTRACTOR: Continental Flooring, Inc.
TERM: 738 Calendar Days
TIME FOR COMPLETION:
_____________________
Continental Flooring, Inc.
Address: 10763 Bell Court, Rancho Cucamonga, CA 91730
Phone: 909-941-8305
Fax: 909-941-7669
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 13, Fine Arts & CIS/Math DOCUMENT 00 52 13-1
Back to Board AgendaBack to Board Agenda
AGREEMENT
This Agreement is made and entered into this 2
nd
day of October, 2014, by and between
the Cerritos Community College District (“District”) and Continental Flooring, Inc.
(“Contractor”) (“Agreement”).
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by
these presents do covenant and agree with each other, as follows:
1. The Work: Contractor agrees to furnish all tools, equipment, apparatus, facilities,
labor, and material necessary to perform and complete in a good and workmanlike
manner, the work of the following project:
PROJECT:
13P032, Fine Arts-CIS/Math Building
Category 13, Finish Flooring
(“Project”)
It is understood and agreed that the Work shall be performed and completed as
required in the Contract Documents including, without limitation, the Drawings and
Specifications, under the direction and supervision of, and subject to, the approval of
the District or its authorized representative.
2. The Contract Documents: The complete Agreement consists of all Contract
Documents as defined in the General Conditions and incorporated herein by this
reference. Any and all obligations of the District and Contractor are fully set forth
and described in the Contract Documents. All Contract Documents are intended to
cooperate so that any Work called for in one and not mentioned in the other or vice
versa is to be executed the same as if mentioned in all Contract Documents.
3. Interpretation of Contract Documents: Should any question arise concerning
the intent or meaning of Contract Documents, including the Drawings or
Specifications, the question shall be submitted to the District for interpretation. If a
conflict exists in the Contract Documents, modifications, beginning with the most
recent, shall control over this Agreement (if any), which shall control over the
Special Conditions, which shall control over any Supplemental Conditions, which shall
control over the General Conditions, which shall control over the remaining Division 0
documents, which shall control over Division 1 Documents which shall control over
Division 2 through Division 33 documents, which shall control over figured
dimensions, which shall control over large-scale drawings, which shall control over
small-scale drawings. In no case shall a document calling for lower quality and/or
quantity material or workmanship control. The decision of the District in the matter
shall be final.
4. Time for Completion: It is hereby understood and agreed that the Work under this
Project shall be completed within SEVEN HUNDRED THIRTY-EIGHT (738)
consecutive calendar days (“Contract Time”) from the date specified in the
District's Notice to Proceed.
5. Coordination of Work: Should the Contractor fail to complete this Project, and the
Work provided herein, within the time fixed for completion, due allowance being
made for the contingencies provided for herein, the Contractor shall become liable to
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 13, Fine Arts & CIS/Math DOCUMENT 00 52 13-2
Back to Board AgendaBack to Board Agenda
the District for all loss and damage that the District may suffer on account thereof.
The Contractor shall coordinate its Work with the work of all other contractors. The
District shall not be liable for delays resulting from Contractor's failure to coordinate
its Work with other contractors in a manner that will allow timely completion of
Contractor's Work. Contractor shall be liable for delays to other contractors caused
by Contractor's failure to coordinate its Work with the work of other contractors.
6. Liquidated Damages: Time is of the essence for all Work under this Agreement.
It is hereby understood and agreed that it is and will be difficult and/or impossible to
ascertain and determine the actual damage that the District will sustain in the event
of and by reason of Contractor's delay; therefore, Contractor agrees that it shall pay
to the District the sum of TWO THOUSAND FIVE HUNDRED AND 00/100
DOLLARS ($2,500.00) per day as liquidated damages for each and every day's
delay beyond the time herein prescribed in finishing the Work. It is hereby
understood and agreed that this amount is not a penalty.
In the event any portion of the liquidated damages are not paid to the District, the
District may deduct that amount from any money due or that may become due the
Contractor under this Agreement. The District's right to assess liquidated damages
is as indicated herein and in the General Conditions.
The time during which the Contract is delayed for cause as hereinafter specified may
extend the time of completion for a reasonable time as the District may grant. This
provision does not exclude the recovery of damages for delay by either party under
other provisions in the Contract Documents.
7. Loss Or Damage: The District and its authorized representatives shall not in any
way or manner be answerable or suffer loss, damage, expense, or liability for any
loss or damage that may happen to the Work, or any part thereof, or in or about the
same during its construction and before acceptance, and the Contractor shall assume
all liabilities of every kind or nature arising from the Work, either by accident,
negligence, theft, vandalism, or any cause whatever; and shall hold the District and
its authorized representatives harmless from all liability of every kind and nature
arising from accident, negligence, or any cause whatever.
8. Insurance and Bonds: Contractor shall provide all required certificates of
insurance, and payment and performance bonds as evidence thereof.
9. Execution of Work: If the Contractor should neglect to execute the Work properly
or fail to perform any provisions of this Agreement, the District, may, pursuant to
the General Conditions and without prejudice to any other remedy it may have,
make good such deficiencies and may deduct the cost thereof from the payment
then or thereafter due the Contractor.
10. District Representatives: Contractor hereby acknowledges that the Architect(s),
District’s Agent, the Project Inspector(s), and the Division of the State Architect have
authority to approve and/or stop
work if the Contractor’s Work does not comply with
the requirements of the Contract Documents, Title 24 of the California Code of
Regulations, and all applicable laws. The Contractor shall be liable for any delay
caused by its non-compliant Work.
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 13, Fine Arts & CIS/Math DOCUMENT 00 52 13-3
Back to Board AgendaBack to Board Agenda
11. Assignment of Contract: Neither the Contract, nor any part thereof, nor any
moneys due or to become due thereunder, may be assigned by the Contractor
without the written approval of the District, nor without the written consent of the
Surety on the Contractor's Performance Bond (the “Surety”), unless the Surety has
waived in writing its right to notice of assignment.
12. Classification of Contractor’s License: Contractor hereby acknowledges that it
currently holds valid Type C-15 Contractor's license(s) issued by the State of
California, Contractor's State Licensing Board, in accordance with division 3, chapter
9, of the Business and Professions Code and in the classification called for in the
Contract Documents.
13. Payment of Prevailing Wages: The Contractor and all Subcontractors under the
Contractor shall pay all workers on all Work performed pursuant to
this Agreement
not less than the general prevailing rate of per diem wages and the general
prevailing rate for holiday and overtime work as determined by the Director of the
Department of Industrial Relations, State of California, for the type of work
performed and the locality in which the work is to be performed within the
boundaries of the District, pursuant to sections 1770 et seq. of the California Labor
Code.
14. [Labor Compliance: If the District has adopted a labor compliance program which
is applicable to the Project or if the Project is subject to State labor compliance
monitored and enforced by the Compliance Monitoring Unit of the Department of
Industrial Relations, Contractor specifically acknowledges and understands that it
shall perform the Work of this Agreement while complying with all the applicable
provisions of the District’s labor compliance program or State labor compliance, if
applicable, including, without limitation, the requirement that the Contractor and all
of its Subcontractors shall timely submit complete and accurate certified payroll
records as required by the Contract Documents, or the District cannot issue
payment.]
15. Contract Price: In consideration of the foregoing covenants, promises, and
agreements on the part of the Contractor, and the strict and literal fulfillment of each
and every covenant, promise, and agreement, and as compensation agreed upon for
the Work and construction, erection, and completion as aforesaid, the District
covenants, promises, and agrees that it will well and truly pay and cause to be paid
to the Contractor in full, and as the full Contract Price and compensation for
construction, erection, and completion of the Work hereinabove agreed to be
performed by the Contractor, the following price:
Two Hundred Five Thousand Eight Hundred Forty-Seven and 00/100
Dollars
($205,847.00)
,
in lawful money of the United States, which sum is to be paid according to the
schedule provided by the Contractor and accepted by the District and subject to
additions and deductions as provided in the Contract. This amount supersedes any
previously stated and/or agreed to amount(s).
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 13, Fine Arts & CIS/Math DOCUMENT 00 52 13-4
Back to Board AgendaBack to Board Agenda
16. Severability: If any term, covenant, condition, or provision in any of the Contract
Documents is held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remainder of the provisions in the Contract Documents shall
remain in full force and effect and shall in no way be affected, impaired, or
invalidated thereby.
IN WITNESS WHEREOF, accepted and agreed on the date indicated above:
CONTRACTOR DISTRICT
CONTINENTAL FLOORING, Inc. CERRITOS COMMUNITY COLLEGE
DISTRICT
By: By:
Title: President Title: Vice President of Business Services
Print Name: Todd Distelrath Print Name: Dr. David El Fattal
NOTE: If the party executing
this Agreement is a corporation, a certified copy of the by-
laws, or of the resolution of the Board of Directors, authorizing the officers of said
corporation to execute the Contract and the bonds required thereby must be
attached hereto.
END OF DOCUMENT
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 13, Fine Arts & CIS/Math DOCUMENT 00 52 13-5
Back to Board AgendaBack to Board Agenda
Page 1 of 1
Cerritos Community College District
Bid No. 13P032 - Category 13 (Finish Flooring)
Project: Fine Arts - CIS/Math Building
Designated Subcontractors Summary
Subcontractor Name
Street Address City State ZIP Portion of Work Bid Amount
The prime contractor will not be using any subcontractors
Continental Flooring, Inc.
Rancho Cucamonga, CA
Back to Board AgendaBack to Board Agenda
CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 31
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. David El Fattal
Vice President of Business Services/
Assistant Superintendent
PREPARED BY:
Mark B. Logan
Director of Purchasing
SUBJECT: Consideration of Approval of Bid No. 13P032, Fine Arts CIS/Math
Building - Category 14, Painting
ACTION
It is recommended that the Board of Trustees approve the award of contract for Bid No. 13P032, Fine Arts
CIS/Math Building Category 14, Painting to Fix Painting Company of Woodland Hills, California, as the
lowest responsive, responsible bidder in the amount of $997,000, which equals the Total Base Bid Amount.
Board approval is contingent upon resolution of any bid protests during the applicable protest time period.
Board approval is also contingent upon the contractor awarded the project providing acceptable insurance
and bonding as required in the Bid and Contract Documents. Furthermore, this project has been determined
to be substantially complex pursuant to Resolution No. 12-04.
FISCAL IMPACT
The amount of the lowest responsive, responsible bid for the Total Base Bid Amount is $997,000. Funding
for this project will be allocated from the GO Bond.
REPORT SUMMARY
On July 1, 2014 and July 8, 2014, Cerritos College advertised the release of Bid No. 13P032 for the Fine
Arts CIS/Math Building project. In addition to advertisement in a local area publication, all prequalified
contractors with applicable licenses specific to each bid category on Cerritos College’s prequalification list
were invited to provide a bid for the project. A total of forty-seven prequalified contractors were contacted for
this bid category alone. The project includes, but is not limited to, construction of the proposed Fine Arts and
CIS/Math Buildings, demolition of the existing utilities at the existing Technology Building and Child
Development Center, demolition of the existing Fine Arts Building, and various site work and improvements.
This particular bid category scope of work pertains to the painting portion of the project work. Pursuant to
Resolution No. 12-04 as approved by the Board of Trustees on February 15, 2012, this project was
determined to be substantially complex, therefore subject to retention in the amount of ten percent of the
total contract price.
The bid category had a bid due date of August 4, 2014. The project was bid as a multi-prime project, whereby
Cerritos College bid eighteen categories for various elements of the Project work. For Category 14 (Painting),
a Class B, or Class C-33 license was required. The construction cost estimate for the project was
approximately $612,500.
Back to Board AgendaBack to Board Agenda
Attendance was mandatory at either one of the two pre-bid conference meeting and job walks scheduled on
July 8, 2014 and July 11, 2014. A combined attendance total of one hundred twenty-three contractors
attended one of the two mandatory pre-bid conference and job walk meetings on July 8, 2014 and July 11,
2014.
Previous to the bid due date, reminders were sent to the eligible contractors, as well as several rounds of
phone calls to identify interest and confirm level of bid commitment from the potential bidders. One contractor
submitted a bid for this category of the multi-prime bid.
Recommendation of award of contract was predicated on the lowest responsive, responsible bidder for the
Total Base Bid Amount as stipulated in the Bid and Contract Documents. A summary of the Bid Opening
Results are attached hereto detailing the responsive bid received.
Upon completion of Cerritos College’s due diligence review, Fix Painting Company is the lowest responsive
and responsible bidder for this project work, and acceptance of the bid is in the best interest of the District.
A summary of the contractor’s designated subcontractors that was submitted with their bid, as required by
Public Contract Code Section 4100 et seq., is attached.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
Bid Results for Bid No. 13P032, Fine Arts-CIS/Math BuildingCategory 14, Painting
Draft Contract Agreement for Bid No. 13P032Category 14 – Fix Painting Company
Designated Subcontractors Summary Fix Painting Company
Back to Board AgendaBack to Board Agenda
Page 1 of 1
Cerritos Community College District
Bid No. 13P032, Fine Arts - CIS/Math Building, Category 14 (Painting)
Bid Opening Results
Bid Due Date: August 4, 2014; 2:00 pm
Fix Painting Company
Woodland Hills, CA
Base Bid Amount
972,000.00$
Allowance Amount
25,000.00$
TOTAL BASE BID AMOUNT
997,000.00$
Delta from Lowest Bid
Back to Board AgendaBack to Board Agenda
PROJECT: Fine Arts-CIS/Math Building / BID NO.: 13P032
DATE OF CONTRACT: October 2, 2014 / CONTRACT NO.: 13P032-14, Painting
DOLLAR VALUE: $997,000.00
LIQUIDATED DAMAGES: $2,500.00 per day
CONTRACTOR: Fix Painting Company
TERM: 738 Calendar Days
TIME FOR COMPLETION:
_____________________
Fix Painting Company
Address: 23003 Ventura Blvd., Woodland Hills, CA 91364
Phone: 818-225-0633
Fax: 818-225-0284
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 14, Fine Arts & CIS/Math DOCUMENT 00 52 13-1
Back to Board AgendaBack to Board Agenda
AGREEMENT
This Agreement is made and entered into this 2
nd
day of October, 2014, by and between
the Cerritos Community College District (“District”) and Fix Painting Company
(“Contractor”) (“Agreement”).
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by
these presents do covenant and agree with each other, as follows:
1. The Work: Contractor agrees to furnish all tools, equipment, apparatus, facilities,
labor, and material necessary to perform and complete in a good and workmanlike
manner, the work of the following project:
PROJECT:
13P032, Fine Arts-CIS/Math Building
Category 14, Painting
(“Project”)
It is understood and agreed that the Work shall be performed and completed as
required in the Contract Documents including, without limitation, the Drawings and
Specifications, under the direction and supervision of, and subject to, the approval of
the District or its authorized representative.
2. The Contract Documents: The complete Agreement consists of all Contract
Documents as defined in the General Conditions and incorporated herein by this
reference. Any and all obligations of the District and Contractor are fully set forth
and described in the Contract Documents. All Contract Documents are intended to
cooperate so that any Work called for in one and not mentioned in the other or vice
versa is to be executed the same as if mentioned in all Contract Documents.
3. Interpretation of Contract Documents: Should any question arise concerning
the intent or meaning of Contract Documents, including the Drawings or
Specifications, the question shall be submitted to the District for interpretation. If a
conflict exists in the Contract Documents, modifications, beginning with the most
recent, shall control over this Agreement (if any), which shall control over the
Special Conditions, which shall control over any Supplemental Conditions, which shall
control over the General Conditions, which shall control over the remaining Division 0
documents, which shall control over Division 1 Documents which shall control over
Division 2 through Division 33 documents, which shall control over figured
dimensions, which shall control over large-scale drawings, which shall control over
small-scale drawings. In no case shall a document calling for lower quality and/or
quantity material or workmanship control. The decision of the District in the matter
shall be final.
4. Time for Completion: It is hereby understood and agreed that the Work under this
Project shall be completed within SEVEN HUNDRED THIRTY-EIGHT (738)
consecutive calendar days (“Contract Time”) from the date specified in the
District's Notice to Proceed.
5. Coordination of Work: Should the Contractor fail to complete this Project, and the
Work provided herein, within the time fixed for completion, due allowance being
made for the contingencies provided for herein, the Contractor shall become liable to
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 14, Fine Arts & CIS/Math DOCUMENT 00 52 13-2
Back to Board AgendaBack to Board Agenda
the District for all loss and damage that the District may suffer on account thereof.
The Contractor shall coordinate its Work with the work of all other contractors. The
District shall not be liable for delays resulting from Contractor's failure to coordinate
its Work with other contractors in a manner that will allow timely completion of
Contractor's Work. Contractor shall be liable for delays to other contractors caused
by Contractor's failure to coordinate its Work with the work of other contractors.
6. Liquidated Damages: Time is of the essence for all Work under this Agreement.
It is hereby understood and agreed that it is and will be difficult and/or impossible to
ascertain and determine the actual damage that the District will sustain in the event
of and by reason of Contractor's delay; therefore, Contractor agrees that it shall pay
to the District the sum of TWO THOUSAND FIVE HUNDRED AND 00/100
DOLLARS ($2,500.00) per day as liquidated damages for each and every day's
delay beyond the time herein prescribed in finishing the Work. It is hereby
understood and agreed that this amount is not a penalty.
In the event any portion of the liquidated damages are not paid to the District, the
District may deduct that amount from any money due or that may become due the
Contractor under this Agreement. The District's right to assess liquidated damages
is as indicated herein and in the General Conditions.
The time during which the Contract is delayed for cause as hereinafter specified may
extend the time of completion for a reasonable time as the District may grant. This
provision does not exclude the recovery of damages for delay by either party under
other provisions in the Contract Documents.
7. Loss Or Damage: The District and its authorized representatives shall not in any
way or manner be answerable or suffer loss, damage, expense, or liability for any
loss or damage that may happen to the Work, or any part thereof, or in or about the
same during its construction and before acceptance, and the Contractor shall assume
all liabilities of every kind or nature arising from the Work, either by accident,
negligence, theft, vandalism, or any cause whatever; and shall hold the District and
its authorized representatives harmless from all liability of every kind and nature
arising from accident, negligence, or any cause whatever.
8. Insurance and Bonds: Contractor shall provide all required certificates of
insurance, and payment and performance bonds as evidence thereof.
9. Execution of Work: If the Contractor should neglect to execute the Work properly
or fail to perform any provisions of this Agreement, the District, may, pursuant to
the General Conditions and without prejudice to any other remedy it may have,
make good such deficiencies and may deduct the cost thereof from the payment
then or thereafter due the Contractor.
10. District Representatives: Contractor hereby acknowledges that the Architect(s),
District’s Agent, the Project Inspector(s), and the Division of the State Architect have
authority to approve and/or stop
work if the Contractor’s Work does not comply with
the requirements of the Contract Documents, Title 24 of the California Code of
Regulations, and all applicable laws. The Contractor shall be liable for any delay
caused by its non-compliant Work.
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 14, Fine Arts & CIS/Math DOCUMENT 00 52 13-3
Back to Board AgendaBack to Board Agenda
11. Assignment of Contract: Neither the Contract, nor any part thereof, nor any
moneys due or to become due thereunder, may be assigned by the Contractor
without the written approval of the District, nor without the written consent of the
Surety on the Contractor's Performance Bond (the “Surety”), unless the Surety has
waived in writing its right to notice of assignment.
12. Classification of Contractor’s License: Contractor hereby acknowledges that it
currently holds valid Type C-33 Contractor's license(s) issued by the State of
California, Contractor's State Licensing Board, in accordance with division 3, chapter
9, of the Business and Professions Code and in the classification called for in the
Contract Documents.
13. Payment of Prevailing Wages: The Contractor and all Subcontractors under the
Contractor shall pay all workers on all Work performed pursuant to
this Agreement
not less than the general prevailing rate of per diem wages and the general
prevailing rate for holiday and overtime work as determined by the Director of the
Department of Industrial Relations, State of California, for the type of work
performed and the locality in which the work is to be performed within the
boundaries of the District, pursuant to sections 1770 et seq. of the California Labor
Code.
14. [Labor Compliance: If the District has adopted a labor compliance program which
is applicable to the Project or if the Project is subject to State labor compliance
monitored and enforced by the Compliance Monitoring Unit of the Department of
Industrial Relations, Contractor specifically acknowledges and understands that it
shall perform the Work of this Agreement while complying with all the applicable
provisions of the District’s labor compliance program or State labor compliance, if
applicable, including, without limitation, the requirement that the Contractor and all
of its Subcontractors shall timely submit complete and accurate certified payroll
records as required by the Contract Documents, or the District cannot issue
payment.]
15. Contract Price: In consideration of the foregoing covenants, promises, and
agreements on the part of the Contractor, and the strict and literal fulfillment of each
and every covenant, promise, and agreement, and as compensation agreed upon for
the Work and construction, erection, and completion as aforesaid, the District
covenants, promises, and agrees that it will well and truly pay and cause to be paid
to the Contractor in full, and as the full Contract Price and compensation for
construction, erection, and completion of the Work hereinabove agreed to be
performed by the Contractor, the following price:
Nine Hundred Ninety-Seven Thousand and 00/100 Dollars
($997,000.00)
,
in lawful money of the United States, which sum is to be paid according to the
schedule provided by the Contractor and accepted by the District and subject to
additions and deductions as provided in the Contract. This amount supersedes any
previously stated and/or agreed to amount(s).
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 14, Fine Arts & CIS/Math DOCUMENT 00 52 13-4
Back to Board AgendaBack to Board Agenda
16. Severability: If any term, covenant, condition, or provision in any of the Contract
Documents is held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remainder of the provisions in the Contract Documents shall
remain in full force and effect and shall in no way be affected, impaired, or
invalidated thereby.
IN WITNESS WHEREOF, accepted and agreed on the date indicated above:
CONTRACTOR DISTRICT
FIX PAINTING COMPANY CERRITOS COMMUNITY COLLEGE
DISTRICT
By: By:
Title: Owner Title: Vice President of Business Services
Print Name: Andreas Loizu Print Name: Dr. David El Fattal
NOTE: If the party executing
this Agreement is a corporation, a certified copy of the by-
laws, or of the resolution of the Board of Directors, authorizing the officers of said
corporation to execute the Contract and the bonds required thereby must be
attached hereto.
END OF DOCUMENT
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 14, Fine Arts & CIS/Math DOCUMENT 00 52 13-5
Back to Board AgendaBack to Board Agenda
Page 1 of 1
Cerritos Community College District
Bid No. 13P032 - Category 14 (Painting)
Project: Fine Arts - CIS/Math Building
Designated Subcontractors Summary
Subcontractor Name
Street Address City State ZIP Portion of Work Bid Amount
The prime contractor will not be using any subcontractors
Fix Painting Company
Woodland Hills, CA
Back to Board AgendaBack to Board Agenda
CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 32
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. David El Fattal
Vice President of Business Services/
Assistant Superintendent
PREPARED BY:
Mark B. Logan
Director of Purchasing
SUBJECT: Consideration of Approval of Bid No. 13P032, Fine Arts CIS/Math
Building - Category 16, Fire Protection
ACTION
It is recommended that the Board of Trustees approve the award of contract for Bid No. 13P032, Fine Arts
CIS/Math Building Category 16, Fire Protection to Kincaid Industries, Inc. of Thousand Palms, California,
as the lowest responsive, responsible bidder in the amount of $350,000, which equals the Total Base Bid
Amount.
Board approval is contingent upon resolution of any bid protests during the applicable protest time period.
Board approval is also contingent upon the contractor awarded the project providing acceptable insurance
and bonding as required in the Bid and Contract Documents. Furthermore, this project has been determined
to be substantially complex pursuant to Resolution No. 12-04.
FISCAL IMPACT
The amount of the lowest responsive, responsible bid for the Total Base Bid Amount is $350,000. Funding
for this project will be allocated from the GO Bond.
REPORT SUMMARY
On July 1, 2014 and July 8, 2014, Cerritos College advertised the release of Bid No. 13P032 for the Fine
Arts CIS/Math Building project. In addition to advertisement in a local area publication, all prequalified
contractors with applicable licenses specific to each bid category on Cerritos College’s prequalification list
were invited to provide a bid for the project. A total of forty-seven prequalified contractors were contacted for
this bid category alone. The project includes, but is not limited to, construction of the proposed Fine Arts and
CIS/Math Buildings, demolition of the existing utilities at the existing Technology Building and Child
Development Center, demolition of the existing Fine Arts Building, and various site work and improvements.
This particular bid category scope of work pertains to the fire protection portion of the project work. Pursuant
to Resolution No. 12-04 as approved by the Board of Trustees on February 15, 2012, this project was
determined to be substantially complex, therefore subject to retention in the amount of ten percent of the
total contract price.
The bid category had a bid due date of August 4, 2014. The project was bid as a multi-prime project, whereby
Cerritos College bid eighteen categories for various elements of the Project work. For Category 16 (Fire
Back to Board AgendaBack to Board Agenda
Protection), a Class B, or Class C-16 license was required. The construction cost estimate for the project
was approximately $615,800.
Attendance was mandatory at either one of the two pre-bid conference meeting and job walks scheduled on
July 8, 2014 and July 11, 2014. A combined attendance total of one hundred twenty-three contractors
attended one of the two mandatory pre-bid conference and job walk meetings on July 8, 2014 and July 11,
2014.
Previous to the bid due date, reminders were sent to the eligible contractors, as well as several rounds of
phone calls to identify interest and confirm level of bid commitment from the potential bidders. Five
contractors submitted bids for this category of the multi-prime bid.
Recommendation of award of contract was predicated on the lowest responsive, responsible bidder for the
Total Base Bid Amount as stipulated in the Bid and Contract Documents. A summary of the Bid Opening
Results are attached hereto detailing the responsive bid received.
Upon completion of Cerritos College’s due diligence review, Kincaid Industries, Inc. is the lowest responsive
and responsible bidder for this project work, and acceptance of the bid is in the best interest of the District.
A summary of the contractor’s designated subcontractors that was submitted with their bid, as required by
Public Contract Code Section 4100 et seq., is attached.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
Bid Results for Bid No. 13P032, Fine Arts-CIS/Math BuildingCategory 16, Fire Protection
Draft Contract Agreement for Bid No. 13P032Category 16 – Kincaid Industries, Inc.
Designated Subcontractors Summary Kincaid Industries, Inc.
Back to Board AgendaBack to Board Agenda
Page 1 of 1
Cerritos Community College District
Bid No. 13P032, Fine Arts - CIS/Math Building, Category 16 (Fire Protection)
Bid Opening Results
Bid Due Date: August 4, 2014; 2:00 pm
Kincaid Industries, Inc.
Thousand Palms, CA
JPI Development Group, Inc.
Murrieta, CA
Daart Engineering Company, Inc.
San Bernardino, CA
Cosco Fire Protection, Inc.
Brea, CA
Link-Nilsen Corporation
Arcadia, CA
Base Bid Amount
325,000.00$ 344,000.00$ 421,850.00$ 567,200.00$ 576,705.00$
Allowance Amount
25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$
TOTAL BASE BID AMOUNT
350,000.00$ 369,000.00$ 446,850.00$ 592,200.00$ 601,705.00$
Delta from Lowest Bid
19,000.00$ 96,850.00$ 242,200.00$ 251,705.00$
Back to Board AgendaBack to Board Agenda
PROJECT: Fine Arts-CIS/Math Building / BID NO.: 13P032
DATE OF CONTRACT: October 2, 2014 / CONTRACT NO.: 13P032-16, Fire
Protection
DOLLAR VALUE: $350,000.00
LIQUIDATED DAMAGES: $2,500.00 per day
CONTRACTOR: Kincaid Industries, Inc.
TERM: 738 Calendar Days
TIME FOR COMPLETION:
_____________________
Kincaid Industries, Inc.
Address: 31-065 Plantation Drive, Thousand Palms, CA 92276
Phone: 760-343-5457
Fax: 760-343-5446
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 16, Fine Arts & CIS/Math DOCUMENT 00 52 13-1
Back to Board AgendaBack to Board Agenda
AGREEMENT
This Agreement is made and entered into this 2
nd
day of October, 2014, by and between
the Cerritos Community College District (“District”) and Kincaid Industries, Inc.
(“Contractor”) (“Agreement”).
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by
these presents do covenant and agree with each other, as follows:
1. The Work: Contractor agrees to furnish all tools, equipment, apparatus, facilities,
labor, and material necessary to perform and complete in a good and workmanlike
manner, the work of the following project:
PROJECT:
13P032, Fine Arts-CIS/Math Building
Category 16, Fire Protection
(“Project”)
It is understood and agreed that the Work shall be performed and completed as
required in the Contract Documents including, without limitation, the Drawings and
Specifications, under the direction and supervision of, and subject to, the approval of
the District or its authorized representative.
2. The Contract Documents: The complete Agreement consists of all Contract
Documents as defined in the General Conditions and incorporated herein by this
reference. Any and all obligations of the District and Contractor are fully set forth
and described in the Contract Documents. All Contract Documents are intended to
cooperate so that any Work called for in one and not mentioned in the other or vice
versa is to be executed the same as if mentioned in all Contract Documents.
3. Interpretation of Contract Documents: Should any question arise concerning
the intent or meaning of Contract Documents, including the Drawings or
Specifications, the question shall be submitted to the District for interpretation. If a
conflict exists in the Contract Documents, modifications, beginning with the most
recent, shall control over this Agreement (if any), which shall control over the
Special Conditions, which shall control over any Supplemental Conditions, which shall
control over the General Conditions, which shall control over the remaining Division 0
documents, which shall control over Division 1 Documents which shall control over
Division 2 through Division 33 documents, which shall control over figured
dimensions, which shall control over large-scale drawings, which shall control over
small-scale drawings. In no case shall a document calling for lower quality and/or
quantity material or workmanship control. The decision of the District in the matter
shall be final.
4. Time for Completion: It is hereby understood and agreed that the Work under this
Project shall be completed within SEVEN HUNDRED THIRTY-EIGHT (738)
consecutive calendar days (“Contract Time”) from the date specified in the
District's Notice to Proceed.
5. Coordination of Work: Should the Contractor fail to complete this Project, and the
Work provided herein, within the time fixed for completion, due allowance being
made for the contingencies provided for herein, the Contractor shall become liable to
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 16, Fine Arts & CIS/Math DOCUMENT 00 52 13-2
Back to Board AgendaBack to Board Agenda
the District for all loss and damage that the District may suffer on account thereof.
The Contractor shall coordinate its Work with the work of all other contractors. The
District shall not be liable for delays resulting from Contractor's failure to coordinate
its Work with other contractors in a manner that will allow timely completion of
Contractor's Work. Contractor shall be liable for delays to other contractors caused
by Contractor's failure to coordinate its Work with the work of other contractors.
6. Liquidated Damages: Time is of the essence for all Work under this Agreement.
It is hereby understood and agreed that it is and will be difficult and/or impossible to
ascertain and determine the actual damage that the District will sustain in the event
of and by reason of Contractor's delay; therefore, Contractor agrees that it shall pay
to the District the sum of TWO THOUSAND FIVE HUNDRED AND 00/100
DOLLARS ($2,500.00) per day as liquidated damages for each and every day's
delay beyond the time herein prescribed in finishing the Work. It is hereby
understood and agreed that this amount is not a penalty.
In the event any portion of the liquidated damages are not paid to the District, the
District may deduct that amount from any money due or that may become due the
Contractor under this Agreement. The District's right to assess liquidated damages
is as indicated herein and in the General Conditions.
The time during which the Contract is delayed for cause as hereinafter specified may
extend the time of completion for a reasonable time as the District may grant. This
provision does not exclude the recovery of damages for delay by either party under
other provisions in the Contract Documents.
7. Loss Or Damage: The District and its authorized representatives shall not in any
way or manner be answerable or suffer loss, damage, expense, or liability for any
loss or damage that may happen to the Work, or any part thereof, or in or about the
same during its construction and before acceptance, and the Contractor shall assume
all liabilities of every kind or nature arising from the Work, either by accident,
negligence, theft, vandalism, or any cause whatever; and shall hold the District and
its authorized representatives harmless from all liability of every kind and nature
arising from accident, negligence, or any cause whatever.
8. Insurance and Bonds: Contractor shall provide all required certificates of
insurance, and payment and performance bonds as evidence thereof.
9. Execution of Work: If the Contractor should neglect to execute the Work properly
or fail to perform any provisions of this Agreement, the District, may, pursuant to
the General Conditions and without prejudice to any other remedy it may have,
make good such deficiencies and may deduct the cost thereof from the payment
then or thereafter due the Contractor.
10. District Representatives: Contractor hereby acknowledges that the Architect(s),
District’s Agent, the Project Inspector(s), and the Division of the State Architect have
authority to approve and/or stop
work if the Contractor’s Work does not comply with
the requirements of the Contract Documents, Title 24 of the California Code of
Regulations, and all applicable laws. The Contractor shall be liable for any delay
caused by its non-compliant Work.
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 16, Fine Arts & CIS/Math DOCUMENT 00 52 13-3
Back to Board AgendaBack to Board Agenda
11. Assignment of Contract: Neither the Contract, nor any part thereof, nor any
moneys due or to become due thereunder, may be assigned by the Contractor
without the written approval of the District, nor without the written consent of the
Surety on the Contractor's Performance Bond (the “Surety”), unless the Surety has
waived in writing its right to notice of assignment.
12. Classification of Contractor’s License: Contractor hereby acknowledges that it
currently holds valid Type C-16 Contractor's license(s) issued by the State of
California, Contractor's State Licensing Board, in accordance with division 3, chapter
9, of the Business and Professions Code and in the classification called for in the
Contract Documents.
13. Payment of Prevailing Wages: The Contractor and all Subcontractors under the
Contractor shall pay all workers on all Work performed pursuant to
this Agreement
not less than the general prevailing rate of per diem wages and the general
prevailing rate for holiday and overtime work as determined by the Director of the
Department of Industrial Relations, State of California, for the type of work
performed and the locality in which the work is to be performed within the
boundaries of the District, pursuant to sections 1770 et seq. of the California Labor
Code.
14. [Labor Compliance: If the District has adopted a labor compliance program which
is applicable to the Project or if the Project is subject to State labor compliance
monitored and enforced by the Compliance Monitoring Unit of the Department of
Industrial Relations, Contractor specifically acknowledges and understands that it
shall perform the Work of this Agreement while complying with all the applicable
provisions of the District’s labor compliance program or State labor compliance, if
applicable, including, without limitation, the requirement that the Contractor and all
of its Subcontractors shall timely submit complete and accurate certified payroll
records as required by the Contract Documents, or the District cannot issue
payment.]
15. Contract Price: In consideration of the foregoing covenants, promises, and
agreements on the part of the Contractor, and the strict and literal fulfillment of each
and every covenant, promise, and agreement, and as compensation agreed upon for
the Work and construction, erection, and completion as aforesaid, the District
covenants, promises, and agrees that it will well and truly pay and cause to be paid
to the Contractor in full, and as the full Contract Price and compensation for
construction, erection, and completion of the Work hereinabove agreed to be
performed by the Contractor, the following price:
Three Hundred Fifty Thousand and 00/100 Dollars
($350,000.00)
,
in lawful money of the United States, which sum is to be paid according to the
schedule provided by the Contractor and accepted by the District and subject to
additions and deductions as provided in the Contract. This amount supersedes any
previously stated and/or agreed to amount(s).
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 16, Fine Arts & CIS/Math DOCUMENT 00 52 13-4
Back to Board AgendaBack to Board Agenda
16. Severability: If any term, covenant, condition, or provision in any of the Contract
Documents is held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remainder of the provisions in the Contract Documents shall
remain in full force and effect and shall in no way be affected, impaired, or
invalidated thereby.
IN WITNESS WHEREOF, accepted and agreed on the date indicated above:
CONTRACTOR DISTRICT
KINCAID INDUSTRIES, INC. CERRITOS COMMUNITY COLLEGE
DISTRICT
By: By:
Title: President Title: Vice President of Business Services
Print Name: R. Scott Kincaid Print Name: Dr. David El Fattal
NOTE: If the party executing
this Agreement is a corporation, a certified copy of the by-
laws, or of the resolution of the Board of Directors, authorizing the officers of said
corporation to execute the Contract and the bonds required thereby must be
attached hereto.
END OF DOCUMENT
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 16, Fine Arts & CIS/Math DOCUMENT 00 52 13-5
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Page 1 of 1
Cerritos Community College District
Bid No. 13P032 - Category 16 (Fire Protection)
Project: Fine Arts - CIS/Math Building
Designated Subcontractors Summary
Subcontractor Name
Street Address City State ZIP Portion of Work Bid Amount
The prime contractor will not be using any subcontractors
Kincaid Industries, Inc.
Thousand Palms, CA
Back to Board AgendaBack to Board Agenda
CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 33
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. David El Fattal
Vice President of Business Services/
Assistant Superintendent
PREPARED BY:
Mark B. Logan
Director of Purchasing
SUBJECT: Consideration of Approval of Bid No. 13P032, Fine Arts CIS/Math
Building - Category 17, HVAC
ACTION
It is recommended that the Board of Trustees approve the award of contract for Bid No. 13P032, Fine Arts
CIS/Math Building Category 17, HVAC to Liberty Climate Control, Inc. of South El Monte, California, as the
lowest responsive, responsible bidder in the amount of $3,335,000, which equals the Total Base Bid Amount.
Board approval is contingent upon resolution of any bid protests during the applicable protest time period.
Board approval is also contingent upon the contractor awarded the project providing acceptable insurance
and bonding as required in the Bid and Contract Documents. Furthermore, this project has been determined
to be substantially complex pursuant to Resolution No. 12-04.
FISCAL IMPACT
The amount of the lowest responsive, responsible bid for the Total Base Bid Amount is $3,335,000. Funding
for this project will be allocated from the GO Bond.
REPORT SUMMARY
On July 1, 2014 and July 8, 2014, Cerritos College advertised the release of Bid No. 13P032 for the Fine
Arts CIS/Math Building project. In addition to advertisement in a local area publication, all prequalified
contractors with applicable licenses specific to each bid category on Cerritos College’s prequalification list
were invited to provide a bid for the project. A total of fifty-six prequalified contractors were contacted for this
bid category alone. The project includes, but is not limited to, construction of the proposed Fine Arts and
CIS/Math Buildings, demolition of the existing utilities at the existing Technology Building and Child
Development Center, demolition of the existing Fine Arts Building, and various site work and improvements.
This particular bid category scope of work pertains to the HVAC portion of the project work. Pursuant to
Resolution No. 12-04 as approved by the Board of Trustees on February 15, 2012, this project was
determined to be substantially complex, therefore subject to retention in the amount of ten percent of the
total contract price.
The bid category had a bid due date of August 4, 2014. The project was bid as a multi-prime project, whereby
Cerritos College bid eighteen categories for various elements of the Project work. For Category 17 (HVAC),
a Class B, or Class C-20 license was required. The construction cost estimate for the project was
approximately $4,193,700.
Back to Board AgendaBack to Board Agenda
Attendance was mandatory at either one of the two pre-bid conference meeting and job walks scheduled on
July 8, 2014 and July 11, 2014. A combined attendance total of one hundred twenty-three contractors
attended one of the two mandatory pre-bid conference and job walk meetings on July 8, 2014 and July 11,
2014.
Previous to the bid due date, reminders were sent to the eligible contractors, as well as several rounds of
phone calls to identify interest and confirm level of bid commitment from the potential bidders. Four
contractors submitted bids for this category of the multi-prime bid.
Recommendation of award of contract was predicated on the lowest responsive, responsible bidder for the
Total Base Bid Amount as stipulated in the Bid and Contract Documents. A summary of the Bid Opening
Results are attached hereto detailing the responsive bid received.
Upon completion of Cerritos College’s due diligence review, Liberty Climate Control, Inc. is the lowest
responsive and responsible bidder for this project work, and acceptance of the bid is in the best interest of
the District. A summary of the contractor’s designated subcontractors that was submitted with their bid, as
required by Public Contract Code Section 4100 et seq., is attached.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
Bid Results for Bid No. 13P032, Fine Arts-CIS/Math BuildingCategory 17, HVAC
Draft Contract Agreement for Bid No. 13P032Category 17 – Liberty Climate Control, Inc.
Designated Subcontractors Summary Liberty Climate Control, Inc.
Back to Board AgendaBack to Board Agenda
Page 1 of 1
Cerritos Community College District
Bid No. 13P032, Fine Arts - CIS/Math Building, Category 17 (HVAC)
Bid Opening Results
Bid Due Date: August 4, 2014; 2:00 pm
Liberty Climate Control, Inc.
South El Monte, CA
West-Tech Mechanical, Inc.
Montclair, CA
AP Construction Group, Inc.
Van Nuys, CA
Sheldon Mechanical Corp.
Valencia, CA
Base Bid Amount
3,260,000.00$ 3,301,850.00$ 3,680,000.00$ 3,752,000.00$
Allowance Amount
75,000.00$ 75,000.00$ 75,000.00$ 75,000.00$
TOTAL BASE BID AMOUNT
3,335,000.00$ 3,376,850.00$ 3,755,000.00$ 3,827,000.00$
Delta from Lowest Bid 41,850.00$ 420,000.00$ 492,000.00$
Back to Board AgendaBack to Board Agenda
PROJECT: Fine Arts-CIS/Math Building / BID NO.: 13P032
DATE OF CONTRACT: October 2, 2014 / CONTRACT NO.: 13P032-17, HVAC
DOLLAR VALUE: $3,335,000.00
LIQUIDATED DAMAGES: $2,500.00 per day
CONTRACTOR: Liberty Climate Control, Inc.
TERM: 738 Calendar Days
TIME FOR COMPLETION:
_____________________
Liberty Climate Control, Inc.
Address: 2447 No. Chico Avenue, South El Monte, CA 91733
Phone: 626-575-3131
Fax: 626-575-4936
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 17, Fine Arts & CIS/Math DOCUMENT 00 52 13-1
Back to Board AgendaBack to Board Agenda
AGREEMENT
This Agreement is made and entered into this 2
nd
day of October, 2014, by and between
the Cerritos Community College District (“District”) and Liberty Climate Control, Inc.
(“Contractor”) (“Agreement”).
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by
these presents do covenant and agree with each other, as follows:
1. The Work: Contractor agrees to furnish all tools, equipment, apparatus, facilities,
labor, and material necessary to perform and complete in a good and workmanlike
manner, the work of the following project:
PROJECT:
13P032, Fine Arts-CIS/Math Building
Category 17, HVAC
(“Project”)
It is understood and agreed that the Work shall be performed and completed as
required in the Contract Documents including, without limitation, the Drawings and
Specifications, under the direction and supervision of, and subject to, the approval of
the District or its authorized representative.
2. The Contract Documents: The complete Agreement consists of all Contract
Documents as defined in the General Conditions and incorporated herein by this
reference. Any and all obligations of the District and Contractor are fully set forth
and described in the Contract Documents. All Contract Documents are intended to
cooperate so that any Work called for in one and not mentioned in the other or vice
versa is to be executed the same as if mentioned in all Contract Documents.
3. Interpretation of Contract Documents: Should any question arise concerning
the intent or meaning of Contract Documents, including the Drawings or
Specifications, the question shall be submitted to the District for interpretation. If a
conflict exists in the Contract Documents, modifications, beginning with the most
recent, shall control over this Agreement (if any), which shall control over the
Special Conditions, which shall control over any Supplemental Conditions, which shall
control over the General Conditions, which shall control over the remaining Division 0
documents, which shall control over Division 1 Documents which shall control over
Division 2 through Division 33 documents, which shall control over figured
dimensions, which shall control over large-scale drawings, which shall control over
small-scale drawings. In no case shall a document calling for lower quality and/or
quantity material or workmanship control. The decision of the District in the matter
shall be final.
4. Time for Completion: It is hereby understood and agreed that the Work under this
Project shall be completed within SEVEN HUNDRED THIRTY-EIGHT (738)
consecutive calendar days (“Contract Time”) from the date specified in the
District's Notice to Proceed.
5. Coordination of Work: Should the Contractor fail to complete this Project, and the
Work provided herein, within the time fixed for completion, due allowance being
made for the contingencies provided for herein, the Contractor shall become liable to
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 17, Fine Arts & CIS/Math DOCUMENT 00 52 13-2
Back to Board AgendaBack to Board Agenda
the District for all loss and damage that the District may suffer on account thereof.
The Contractor shall coordinate its Work with the work of all other contractors. The
District shall not be liable for delays resulting from Contractor's failure to coordinate
its Work with other contractors in a manner that will allow timely completion of
Contractor's Work. Contractor shall be liable for delays to other contractors caused
by Contractor's failure to coordinate its Work with the work of other contractors.
6. Liquidated Damages: Time is of the essence for all Work under this Agreement.
It is hereby understood and agreed that it is and will be difficult and/or impossible to
ascertain and determine the actual damage that the District will sustain in the event
of and by reason of Contractor's delay; therefore, Contractor agrees that it shall pay
to the District the sum of TWO THOUSAND FIVE HUNDRED AND 00/100
DOLLARS ($2,500.00) per day as liquidated damages for each and every day's
delay beyond the time herein prescribed in finishing the Work. It is hereby
understood and agreed that this amount is not a penalty.
In the event any portion of the liquidated damages are not paid to the District, the
District may deduct that amount from any money due or that may become due the
Contractor under this Agreement. The District's right to assess liquidated damages
is as indicated herein and in the General Conditions.
The time during which the Contract is delayed for cause as hereinafter specified may
extend the time of completion for a reasonable time as the District may grant. This
provision does not exclude the recovery of damages for delay by either party under
other provisions in the Contract Documents.
7. Loss Or Damage: The District and its authorized representatives shall not in any
way or manner be answerable or suffer loss, damage, expense, or liability for any
loss or damage that may happen to the Work, or any part thereof, or in or about the
same during its construction and before acceptance, and the Contractor shall assume
all liabilities of every kind or nature arising from the Work, either by accident,
negligence, theft, vandalism, or any cause whatever; and shall hold the District and
its authorized representatives harmless from all liability of every kind and nature
arising from accident, negligence, or any cause whatever.
8. Insurance and Bonds: Contractor shall provide all required certificates of
insurance, and payment and performance bonds as evidence thereof.
9. Execution of Work: If the Contractor should neglect to execute the Work properly
or fail to perform any provisions of this Agreement, the District, may, pursuant to
the General Conditions and without prejudice to any other remedy it may have,
make good such deficiencies and may deduct the cost thereof from the payment
then or thereafter due the Contractor.
10. District Representatives: Contractor hereby acknowledges that the Architect(s),
District’s Agent, the Project Inspector(s), and the Division of the State Architect have
authority to approve and/or stop
work if the Contractor’s Work does not comply with
the requirements of the Contract Documents, Title 24 of the California Code of
Regulations, and all applicable laws. The Contractor shall be liable for any delay
caused by its non-compliant Work.
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 17, Fine Arts & CIS/Math DOCUMENT 00 52 13-3
Back to Board AgendaBack to Board Agenda
11. Assignment of Contract: Neither the Contract, nor any part thereof, nor any
moneys due or to become due thereunder, may be assigned by the Contractor
without the written approval of the District, nor without the written consent of the
Surety on the Contractor's Performance Bond (the “Surety”), unless the Surety has
waived in writing its right to notice of assignment.
12. Classification of Contractor’s License: Contractor hereby acknowledges that it
currently holds valid Type C-20 Contractor's license(s) issued by the State of
California, Contractor's State Licensing Board, in accordance with division 3, chapter
9, of the Business and Professions Code and in the classification called for in the
Contract Documents.
13. Payment of Prevailing Wages: The Contractor and all Subcontractors under the
Contractor shall pay all workers on all Work performed pursuant to
this Agreement
not less than the general prevailing rate of per diem wages and the general
prevailing rate for holiday and overtime work as determined by the Director of the
Department of Industrial Relations, State of California, for the type of work
performed and the locality in which the work is to be performed within the
boundaries of the District, pursuant to sections 1770 et seq. of the California Labor
Code.
14. [Labor Compliance: If the District has adopted a labor compliance program which
is applicable to the Project or if the Project is subject to State labor compliance
monitored and enforced by the Compliance Monitoring Unit of the Department of
Industrial Relations, Contractor specifically acknowledges and understands that it
shall perform the Work of this Agreement while complying with all the applicable
provisions of the District’s labor compliance program or State labor compliance, if
applicable, including, without limitation, the requirement that the Contractor and all
of its Subcontractors shall timely submit complete and accurate certified payroll
records as required by the Contract Documents, or the District cannot issue
payment.]
15. Contract Price: In consideration of the foregoing covenants, promises, and
agreements on the part of the Contractor, and the strict and literal fulfillment of each
and every covenant, promise, and agreement, and as compensation agreed upon for
the Work and construction, erection, and completion as aforesaid, the District
covenants, promises, and agrees that it will well and truly pay and cause to be paid
to the Contractor in full, and as the full Contract Price and compensation for
construction, erection, and completion of the Work hereinabove agreed to be
performed by the Contractor, the following price:
Three Million Three Hundred Thirty-Five Thousand and 00/100 Dollars
($3,335,000.00)
,
in lawful money of the United States, which sum is to be paid according to the
schedule provided by the Contractor and accepted by the District and subject to
additions and deductions as provided in the Contract. This amount supersedes any
previously stated and/or agreed to amount(s).
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 17, Fine Arts & CIS/Math DOCUMENT 00 52 13-4
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16. Severability: If any term, covenant, condition, or provision in any of the Contract
Documents is held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remainder of the provisions in the Contract Documents shall
remain in full force and effect and shall in no way be affected, impaired, or
invalidated thereby.
IN WITNESS WHEREOF, accepted and agreed on the date indicated above:
CONTRACTOR DISTRICT
LIBERTY CLIMATE CONTROL, INC. CERRITOS COMMUNITY COLLEGE
DISTRICT
By: By:
Title: President Title: Vice President of Business Services
Print Name: Louis Monroy Print Name: Dr. David El Fattal
NOTE: If the party executing
this Agreement is a corporation, a certified copy of the by-
laws, or of the resolution of the Board of Directors, authorizing the officers of said
corporation to execute the Contract and the bonds required thereby must be
attached hereto.
END OF DOCUMENT
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 17, Fine Arts & CIS/Math DOCUMENT 00 52 13-5
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Page 1 of 1
Cerritos Community College District
Bid No. 13P032 - Category 17 (HVAC)
Project: Fine Arts - CIS/Math Building
Designated Subcontractors Summary
Subcontractor Name
Street Address City State ZIP Portion of Work Bid Amount
Penn Air Control, Inc. 5941 Lakeshore Drive Cypress CA 90630 Test, Adjust, Balance 50,000.00$
G.G. General 3051 Verdugo Rd. Los Angeles CA 90065 General Construction 15,000.00$
Control Technologies 4165 E. La Palma Ave. Anaheim CA 92807 Controls 325,000.00$
Triangle Demo and Grading P. O. Box 11386 Burbank CA 91510 Trench & Backfill 80,000.00$
Preferred Insulation 1691 Jenks Dr. Corona CA 92880 Insulation 65,000.00$
Liberty Climate Control, Inc.
South El Monte, CA
Back to Board AgendaBack to Board Agenda
CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 34
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. David El Fattal
Vice President of Business Services/
Assistant Superintendent
PREPARED BY:
Mark B. Logan
Director of Purchasing
SUBJECT: Consideration of Approval of Bid No. 13P032, Fine Arts CIS/Math
Building - Category 18, Site and Building Plumbing
ACTION
It is recommended that the Board of Trustees approve the award of contract for Bid No. 13P032, Fine Arts
CIS/Math Building Category 18, Site and Building Plumbing to Empyrean Plumbing, Inc. of Riverside,
California, as the lowest responsive, responsible bidder in the amount of $1,920,632, which equals the Total
Base Bid Amount.
Board approval is contingent upon resolution of any bid protests during the applicable protest time period.
Board approval is also contingent upon the contractor awarded the project providing acceptable insurance
and bonding as required in the Bid and Contract Documents. Furthermore, this project has been determined
to be substantially complex pursuant to Resolution No. 12-04.
FISCAL IMPACT
The amount of the lowest responsive, responsible bid for the Total Base Bid Amount is $1,920,632. Funding
for this project will be allocated from the GO Bond.
REPORT SUMMARY
On July 1, 2014 and July 8, 2014, Cerritos College advertised the release of Bid No. 13P032 for the Fine
Arts CIS/Math Building project. In addition to advertisement in a local area publication, all prequalified
contractors with applicable licenses specific to each bid category on Cerritos College’s prequalification list
were invited to provide a bid for the project. A total of fifty-seven prequalified contractors were contacted for
this bid category alone. The project includes, but is not limited to, construction of the proposed Fine Arts and
CIS/Math Buildings, demolition of the existing utilities at the existing Technology Building and Child
Development Center, demolition of the existing Fine Arts Building, and various site work and improvements.
This particular bid category scope of work pertains to the site and building plumbing portion of the project
work. Pursuant to Resolution No. 12-04 as approved by the Board of Trustees on February 15, 2012, this
project was determined to be substantially complex, therefore subject to retention in the amount of ten
percent of the total contract price.
The bid category had a bid due date of August 4, 2014. The project was bid as a multi-prime project, whereby
Cerritos College bid eighteen categories for various elements of the Project work. For Category 18 (Site and
Back to Board AgendaBack to Board Agenda
Building Plumbing), a Class B, or Class C-36 license was required. The construction cost estimate for this
portion the project work was approximately $2,051,200.
Attendance was mandatory at either one of the two pre-bid conference meeting and job walks scheduled on
July 8, 2014 and July 11, 2014. A combined attendance total of one hundred twenty-three contractors
attended one of the two mandatory pre-bid conference and job walk meetings on July 8, 2014 and July 11,
2014.
Previous to the bid due date, reminders were sent to the eligible contractors, as well as several rounds of
phone calls to identify interest and confirm level of bid commitment from the potential bidders. Seven
contractors submitted bids for this category of the multi-prime bid.
Recommendation of award of contract was predicated on the lowest responsive, responsible bidder for the
Total Base Bid Amount as stipulated in the Bid and Contract Documents. A summary of the Bid Opening
Results are attached hereto detailing the responsive bid received.
Upon completion of Cerritos College’s due diligence review, Empyrean Plumbing, Inc. is the lowest
responsive and responsible bidder for this project work, and acceptance of the bid is in the best interest of
the District. A summary of the contractor’s designated subcontractors that was submitted with their bid, as
required by Public Contract Code Section 4100 et seq., is attached.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
Bid Results for Bid No. 13P032, Fine Arts-CIS/Math BuildingCategory 18, Site and Building Plumbing
Draft Contract Agreement for Bid No. 13P032Category 18Empyrean Plumbing, Inc.
Designated Subcontractors Summary Empyrean Plumbing, Inc.
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Page 1 of 1
Cerritos Community College District
Bid No. 13P032, Fine Arts - CIS/Math Building, Category 18 (Site Building and Plumbing)
Bid Opening Results
Bid Due Date: August 4, 2014; 2:00 pm
Empyrean Plumbing, Inc.
Riverside, CA
Kincaid Industries, Inc.
Thousand Palms, CA
J.M. Farnan Co., Inc.
La Verne, CA
JPI Development Group, Inc.
Murrieta, CA
Verne's Plumbing, Inc.
Buena Park, CA
Interpipe Contracting, Inc.
Santee, CA
ABBCO Services, Inc.
Redlands, CA
Base Bid Amount
1,845,632.00$ 1,965,000.00$ 2,062,500.00$ 2,180,800.00$ 2,316,900.00$ 2,422,000.00$ 2,597,819.00$
Allowance Amount
75,000.00$ 75,000.00$ 75,000.00$ 75,000.00$ 75,000.00$ 75,000.00$ 75,000.00$
TOTAL BASE BID AMOUNT
1,920,632.00$ 2,040,000.00$ 2,137,500.00$ 2,255,800.00$ 2,391,900.00$ 2,497,000.00$ 2,672,819.00$
Delta from Lowest Bid 119,368.00$ 216,868.00$ 335,168.00$ 471,268.00$ 576,368.00$ 752,187.00$
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PROJECT: Fine Arts-CIS/Math Building / BID NO.: 13P032
DATE OF CONTRACT: October 2, 2014 / CONTRACT NO.: 13P032-18, Site and
Building Plumbing
DOLLAR VALUE: $1,920,632.00
LIQUIDATED DAMAGES: $2,500.00 per day
CONTRACTOR: Empyrean Plumbing, Inc.
TERM: 738 Calendar Days
TIME FOR COMPLETION:
_____________________
Empyrean Plumbing, Inc.
Address: 1370 Dodson Way, Riverside, CA 92507 (Physical)
Address: PO Box 5680, Riverside, CA 92517 (Mailing)
Phone: 951-776-4616
Fax: 951-346-5675
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 18, Fine Arts & CIS/Math DOCUMENT 00 52 13-1
Back to Board AgendaBack to Board Agenda
AGREEMENT
This Agreement is made and entered into this 2
nd
day of October, 2014, by and between
the Cerritos Community College District (“District”) and Empyrean Plumbing, Inc.
(“Contractor”) (“Agreement”).
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by
these presents do covenant and agree with each other, as follows:
1. The Work: Contractor agrees to furnish all tools, equipment, apparatus, facilities,
labor, and material necessary to perform and complete in a good and workmanlike
manner, the work of the following project:
PROJECT:
13P032, Fine Arts-CIS/Math Building
Category 18, Site and Building Plumbing
(“Project)
It is understood and agreed that the Work shall be performed and completed as
required in the Contract Documents including, without limitation, the Drawings and
Specifications, under the direction and supervision of, and subject to, the approval of
the District or its authorized representative.
2. The Contract Documents: The complete Agreement consists of all Contract
Documents as defined in the General Conditions and incorporated herein by this
reference. Any and all obligations of the District and Contractor are fully set forth
and described in the Contract Documents. All Contract Documents are intended to
cooperate so that any Work called for in one and not mentioned in the other or vice
versa is to be executed the same as if mentioned in all Contract Documents.
3. Interpretation of Contract Documents: Should any question arise concerning
the intent or meaning of Contract Documents, including the Drawings or
Specifications, the question shall be submitted to the District for interpretation. If a
conflict exists in the Contract Documents, modifications, beginning with the most
recent, shall control over this Agreement (if any), which shall control over the
Special Conditions, which shall control over any Supplemental Conditions, which shall
control over the General Conditions, which shall control over the remaining Division 0
documents, which shall control over Division 1 Documents which shall control over
Division 2 through Division 33 documents, which shall control over figured
dimensions, which shall control over large-scale drawings, which shall control over
small-scale drawings. In no case shall a document calling for lower quality and/or
quantity material or workmanship control. The decision of the District in the matter
shall be final.
4. Time for Completion: It is hereby understood and agreed that the Work under this
Project shall be completed within SEVEN HUNDRED THIRTY-EIGHT (738)
consecutive calendar days (“Contract Time”) from the date specified in the
District's Notice to Proceed.
5. Coordination of Work: Should the Contractor fail to complete this Project, and the
Work provided herein, within the time fixed for completion, due allowance being
made for the contingencies provided for herein, the Contractor shall become liable to
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 18, Fine Arts & CIS/Math DOCUMENT 00 52 13-2
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the District for all loss and damage that the District may suffer on account thereof.
The Contractor shall coordinate its Work with the work of all other contractors. The
District shall not be liable for delays resulting from Contractor's failure to coordinate
its Work with other contractors in a manner that will allow timely completion of
Contractor's Work. Contractor shall be liable for delays to other contractors caused
by Contractor's failure to coordinate its Work with the work of other contractors.
6. Liquidated Damages: Time is of the essence for all Work under this Agreement.
It is hereby understood and agreed that it is and will be difficult and/or impossible to
ascertain and determine the actual damage that the District will sustain in the event
of and by reason of Contractor's delay; therefore, Contractor agrees that it shall pay
to the District the sum of TWO THOUSAND FIVE HUNDRED AND 00/100
DOLLARS ($2,500.00)
per day as liquidated damages for each and every day's
delay beyond the time herein prescribed in finishing the Work. It is hereby
understood and agreed that this amount is not a penalty.
In the event any portion of the liquidated damages are not paid to the District, the
District may deduct that amount from any money due or that may become due the
Contractor under this Agreement. The District's right to assess liquidated damages
is as indicated herein and in the General Conditions.
The time during which the Contract is delayed for cause as hereinafter specified may
extend the time of completion for a reasonable time as the District may grant. This
provision does not exclude the recovery of damages for delay by either party under
other provisions in the Contract Documents.
7. Loss Or Damage: The District and its authorized representatives shall not in any
way or manner be answerable or suffer loss, damage, expense, or liability for any
loss or damage that may happen to the Work, or any part thereof, or in or about the
same during its construction and before acceptance, and the Contractor shall assume
all liabilities of every kind or nature arising from the Work, either by accident,
negligence, theft, vandalism, or any cause whatever; and shall hold the District and
its authorized representatives harmless from all liability of every kind and nature
arising from accident, negligence, or any cause whatever.
8. Insurance and Bonds: Contractor shall provide all required certificates of
insurance, and payment and performance bonds as evidence thereof.
9. Execution of Work: If the Contractor should neglect to execute the Work properly
or fail to perform any provisions of this Agreement, the District, may, pursuant to
the General Conditions and without prejudice to any other remedy it may have,
make good such deficiencies and may deduct the cost thereof from the payment
then or thereafter due the Contractor.
10. District Representatives: Contractor hereby acknowledges that the Architect(s),
District’s Agent, the Project Inspector(s), and the Division of the State Architect have
authority to approve and/or stop
work if the Contractor’s Work does not comply with
the requirements of the Contract Documents, Title 24 of the California Code of
Regulations, and all applicable laws. The Contractor shall be liable for any delay
caused by its non-compliant Work.
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 18, Fine Arts & CIS/Math DOCUMENT 00 52 13-3
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11. Assignment of Contract: Neither the Contract, nor any part thereof, nor any
moneys due or to become due thereunder, may be assigned by the Contractor
without the written approval of the District, nor without the written consent of the
Surety on the Contractor's Performance Bond (the “Surety”), unless the Surety has
waived in writing its right to notice of assignment.
12. Classification of Contractor’s License: Contractor hereby acknowledges that it
currently holds valid Type C-36 Contractor's license(s) issued by the State of
California, Contractor's State Licensing Board, in accordance with division 3, chapter
9, of the Business and Professions Code and in the classification called for in the
Contract Documents.
13. Payment of Prevailing Wages: The Contractor and all Subcontractors under the
Contractor shall pay all workers on all Work performed pursuant to
this Agreement
not less than the general prevailing rate of per diem wages and the general
prevailing rate for holiday and overtime work as determined by the Director of the
Department of Industrial Relations, State of California, for the type of work
performed and the locality in which the work is to be performed within the
boundaries of the District, pursuant to sections 1770 et seq. of the California Labor
Code.
14. Labor Compliance: If the District has adopted a labor compliance program which is
applicable to the Project or if the Project is subject to State labor compliance
monitored and enforced by the Compliance Monitoring Unit of the Department of
Industrial Relations, Contractor specifically acknowledges and understands that it
shall perform the Work of this Agreement while complying with all the applicable
provisions of the District’s labor compliance program or State labor compliance, if
applicable, including, without limitation, the requirement that the Contractor and all
of its Subcontractors shall timely submit complete and accurate certified payroll
records as required by the Contract Documents, or the District cannot issue
payment.
15. Contract Price: In consideration of the foregoing covenants, promises, and
agreements on the part of the Contractor, and the strict and literal fulfillment of each
and every covenant, promise, and agreement, and as compensation agreed upon for
the Work and construction, erection, and completion as aforesaid, the District
covenants, promises, and agrees that it will well and truly pay and cause to be paid
to the Contractor in full, and as the full Contract Price and compensation for
construction, erection, and completion of the Work hereinabove agreed to be
performed by the Contractor, the following price:
One Million Nine Hundred Twenty Thousand Six Hundred Thirty-Two
and 00/100 Dollars
($1,920,632.00)
,
in lawful money of the United States, which sum is to be paid according to the
schedule provided by the Contractor and accepted by the District and subject to
additions and deductions as provided in the Contract. This amount supersedes any
previously stated and/or agreed to amount(s).
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 18, Fine Arts & CIS/Math DOCUMENT 00 52 13-4
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16. Severability: If any term, covenant, condition, or provision in any of the Contract
Documents is held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remainder of the provisions in the Contract Documents shall
remain in full force and effect and shall in no way be affected, impaired, or
invalidated thereby.
IN WITNESS WHEREOF, accepted and agreed on the date indicated above:
CONTRACTOR DISTRICT
EMPYREAN PLUMBING, INC. CERRITOS COMMUNITY COLLEGE
DISTRICT
By: By:
Title: President Title: Vice President of Business Services
Print Name: David Koralewski Print Name: Dr. David El Fattal
NOTE: If the party executing
this Agreement is a corporation, a certified copy of the by-
laws, or of the resolution of the Board of Directors, authorizing the officers of said
corporation to execute the Contract and the bonds required thereby must be
attached hereto.
END OF DOCUMENT
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 18, Fine Arts & CIS/Math DOCUMENT 00 52 13-5
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Page 1 of 1
Cerritos Community College District
Bid No. 13P032 - Category 18 (Site and Building Plumbing)
Project: Fine Arts - CIS/Math Building
Designated Subcontractors Summary
Subcontractor Name
Street Address City State ZIP Portion of Work Bid Amount
Kana Pipeline 1639 E. Miraloma Ave. Placentia CA 92870 Utilities 400,000.00$
Kerco 14824 Marquardt Ave. Santa Fe Springs CA 90670 Insulation/Fire Caulking 50,000.00$
Holm Excavation 140625 Maple Ave. Hesperia CA 92345 Excavation 28,000.00$
Empyrean Plumbing, Inc.
Riverside, CA
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CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 35
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. David El Fattal
Vice President of Business Services/
Assistant Superintendent
PREPARED BY:
Mark B. Logan
Director of Purchasing
SUBJECT: Consideration of Approval of Bid No. 13P032, Fine Arts CIS/Math
Building - Category 04, Structural and Site Concrete
ACTION
It is recommended that the Board of Trustees authorize and approve Cerritos College to take the following
action:
1. Approve the relief of the bid submitted by Inland Building Construction Co., Inc. of San Bernardino,
California pursuant to Public Contract Code Section 5100-5110, as there was a verified error in the
bid;
and
2. Approve the relief of the bid submitted by Toby B. Hayward, Inc. of Monrovia, California pursuant to
Public Contract Code Section 5100-5110, as there was a verified error in the bid;
and
3. Approve the award of contract for Bid No. 13P032, Fine Arts-CIS/Math Building Category 04 to
Rocky Coast Builders, Inc. of Escondido, California as the lowest responsive, responsible bidder in
the amount of $7,187,571.00, which equals the Total Base Bid Amount.
Staff recommends the approval of bid and award of contract to Rocky Coast Builders, Inc. of Escondido,
California as the lowest responsive, responsible bidder. Board approval of the award of contract, if any,
would be contingent upon resolution of any bid protests during the applicable protest time period. Board
approval of award of contract would also be contingent upon the contractor awarded the project providing
acceptable insurance and bonding as required in the Bid and Contract Documents. Furthermore, this project
has been determined to be substantially complex pursuant to Resolution No. 12-04.
FISCAL IMPACT
The amount of the lowest responsive, responsible bid for the Total Base Bid Amount is $7,187,571.00.
Funding for this project, if award of contract is approved by the Board, will be allocated from the GO Bond.
If rejection of the bid is approved by the Board, funding for the initial advertising of this project and the rebid,
will be allocated from the GO Bond.
REPORT SUMMARY
On July 1, 2014 and July 8, 2014, Cerritos College advertised the release of Bid No. 13P032 for the Fine
Arts CIS/Math Building project. In addition to advertisement in a local area publication, all prequalified
Back to Board AgendaBack to Board Agenda
contractors with applicable licenses specific to each bid category on Cerritos College’s prequalification list
were invited to provide a bid for the project. A total of fifty-seven prequalified contractors were contacted for
this bid category alone. The project includes, but is not limited to, construction of the proposed Fine Arts
and CIS/Math Buildings, demolition of the existing utilities at the existing Technology Building and Child
Development Center, demolition of the existing Fine Arts Building, and various site work and
improvements. This particular bid category scope of work pertains to the structural and site concrete
portion of the project work. Pursuant to Resolution No. 12-04 as approved by the Board of Trustees on
February 15, 2012, this project was determined to be substantially complex, therefore subject to retention
in the amount of ten percent of the total contract price.
The bid category had a bid due date of August 4, 2014. The project was bid as a multi-prime project,
whereby Cerritos College bid eighteen categories for various elements of the Project work. For Category
04 (Structural and Site Concrete), a Class B, or Class C-8 license was required. The construction cost
estimate for the project was approximately $4,734,100.00.
Attendance at either one of the two pre-bid conference meeting and job walks scheduled on July 8, 2014
and July 11, 2014 was mandatory. A combined attendance total of one hundred twenty-three contractors
attended one of the two mandatory pre-bid conference and job walk meetings on July 8, 2014 and July 11,
2014.
Previous to the bid due date, reminders were sent to the eligible contractors, as well as several rounds of
phone calls to identify interest and confirm level of bid commitment from the potential bidders. Five
contractors submitted bids for this category of the multi-prime bid. The bids submitted by Inland Building
Construction Co., Inc. of San Bernardino, California and Toby B. Hayward, Inc. of Monrovia, California
were rescinded by the contractor pursuant to Public Contract Code (PCC) Section 5100-5110, as there
were verified errors in the bids. In accordance with PCC 5103, the bid withdrawals are considered valid.
Recommendation of award of contract is based on the lowest responsive, responsible bidder for the Total
Base Bid Amount as stipulated in the Bid and Contract Documents. A summary of the Bid Opening
Results are attached hereto detailing the responsive bid received.
Upon completion of Cerritos College’s due diligence review, Rocky Coast Builders, Inc. is the lowest
responsive, responsible bidder for this project work, and acceptance of the bid is in the best interest of
Cerritos College. A summary of the contractor’s designated subcontractors that was submitted with their
bid, as required by Public Contract Code Section 4100 et seq., is attached.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
Bid Results for Bid No. 13P032, Fine Arts-CIS/Math BuildingCategory 04, Structural and Site Concrete
Draft Contract Agreement for Bid No. 13P032 Category 04 Rocky Coast Builders, Inc.
Designated Subcontractors Summary Rocky Coast Builders, Inc.
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Page 1 of 1
Cerritos Community College District
Bid No. 13P032, Fine Arts - CIS/Math Building, Category 04 (Structural and Site Concrete)
Bid Opening Results
Bid Due Date: August 4, 2014; 2:00 pm
Inland Building Construction Co., Inc.*
San Bernardino, CA
Toby B. Hayward, Inc.*
Monrovia, CA
Rocky Coast Builders, Inc.
Escondido, CA
K.A.R. Construction, Inc.
Ontario, CA
T.B. Penick & Sons, Inc.
San Diego, CA
Base Bid Amount
5,971,000.00$ 6,179,400.00$ 7,107,571.00$ 7,240,000.00$ 7,901,200.00$
Allowance Amount
80,000.00$ 80,000.00$ 80,000.00$ 80,000.00$ 80,000.00$
TOTAL BASE BID AMOUNT
6,051,000.00$ 6,259,400.00$ 7,187,571.00$ 7,320,000.00$ 7,981,200.00$
Delta from Lowest Bid 208,400.00$ 1,136,571.00$ 1,269,000.00$ 1,930,200.00$
* Bid rescinded pursuant to PCC 5100 et. seq.
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PROJECT: Fine Arts-CIS/Math Building / BID NO.: 13P032
DATE OF CONTRACT: October 2, 2014 /CONTRACT NO.: 13P032-04, Structural
and Site Concrete
DOLLAR VALUE: $7,187,571
LIQUIDATED DAMAGES: $2,500.00 per day
CONTRACTOR: Rocky Coast Builders, Inc.
TERM: 738 Calendar Days
TIME FOR COMPLETION:
_____________________
Rocky Coast Builders, Inc.
Address: 135 South Market Place, Escondido, CA 92029
Phone: 760-489-7770
Fax: 760-489-7771
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 04, Fine Arts & CIS/Math DOCUMENT 00 52 13-1
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AGREEMENT
This Agreement is made and entered into this 2
nd
day of October, 2014, by and between
the Cerritos Community College District (“District”) and Rocky Coast Builders, Inc.
(“Contractor”) (“Agreement”).
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by
these presents do covenant and agree with each other, as follows:
1. The Work: Contractor agrees to furnish all tools, equipment, apparatus, facilities,
labor, and material necessary to perform and complete in a good and workmanlike
manner, the work of the following project:
PROJECT:
13P032, Fine Arts-CIS/Math Building
Category 04, Structural and Site Concrete
(“Project)
It is understood and agreed that the Work shall be performed and completed as
required in the Contract Documents including, without limitation, the Drawings and
Specifications, under the direction and supervision of, and subject to, the approval of
the District or its authorized representative.
2. The Contract Documents: The complete Agreement consists of all Contract
Documents as defined in the General Conditions and incorporated herein by this
reference. Any and all obligations of the District and Contractor are fully set forth
and described in the Contract Documents. All Contract Documents are intended to
cooperate so that any Work called for in one and not mentioned in the other or vice
versa is to be executed the same as if mentioned in all Contract Documents.
3. Interpretation of Contract Documents: Should any question arise concerning
the intent or meaning of Contract Documents, including the Drawings or
Specifications, the question shall be submitted to the District for interpretation. If a
conflict exists in the Contract Documents, modifications, beginning with the most
recent, shall control over this Agreement (if any), which shall control over the
Special Conditions, which shall control over any Supplemental Conditions, which shall
control over the General Conditions, which shall control over the remaining Division 0
documents, which shall control over Division 1 Documents which shall control over
Division 2 through Division 33 documents, which shall control over figured
dimensions, which shall control over large-scale drawings, which shall control over
small-scale drawings. In no case shall a document calling for lower quality and/or
quantity material or workmanship control. The decision of the District in the matter
shall be final.
4. Time for Completion: It is hereby understood and agreed that the Work under this
Project shall be completed within SEVEN HUNDRED THIRTY-EIGHT
(738)
consecutive calendar days (“Contract Time”) from the date specified in the
District's Notice to Proceed.
5. Coordination of Work: Should the Contractor fail to complete this Project, and the
Work provided herein, within the time fixed for completion, due allowance being
made for the contingencies provided for herein, the Contractor shall become liable to
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 04, Fine Arts & CIS/Math DOCUMENT 00 52 13-2
Back to Board AgendaBack to Board Agenda
the District for all loss and damage that the District may suffer on account thereof.
The Contractor shall coordinate its Work with the work of all other contractors. The
District shall not be liable for delays resulting from Contractor's failure to coordinate
its Work with other contractors in a manner that will allow timely completion of
Contractor's Work. Contractor shall be liable for delays to other contractors caused
by Contractor's failure to coordinate its Work with the work of other contractors.
6. Liquidated Damages: Time is of the essence for all Work under this Agreement.
It is hereby understood and agreed that it is and will be difficult and/or impossible to
ascertain and determine the actual damage that the District will sustain in the event
of and by reason of Contractor's delay; therefore, Contractor agrees that it shall pay
to the District the sum of TWO THOUSAND FIVE HUNDRED AND 00/100
DOLLARS ($2,500.00) per day as liquidated damages for each and every day's
delay beyond the time herein prescribed in finishing the Work. It is hereby
understood and agreed that this amount is not a penalty.
In the event any portion of the liquidated damages are not paid to the District, the
District may deduct that amount from any money due or that may become due the
Contractor under this Agreement. The District's right to assess liquidated damages
is as indicated herein and in the General Conditions.
The time during which the Contract is delayed for cause as hereinafter specified may
extend the time of completion for a reasonable time as the District may grant. This
provision does not exclude the recovery of damages for delay by either party under
other provisions in the Contract Documents.
7. Loss Or Damage: The District and its authorized representatives shall not in any
way or manner be answerable or suffer loss, damage, expense, or liability for any
loss or damage that may happen to the Work, or any part thereof, or in or about the
same during its construction and before acceptance, and the Contractor shall assume
all liabilities of every kind or nature arising from the Work, either by accident,
negligence, theft, vandalism, or any cause whatever; and shall hold the District and
its authorized representatives harmless from all liability of every kind and nature
arising from accident, negligence, or any cause whatever.
8. Insurance and Bonds: Contractor shall provide all required certificates of
insurance, and payment and performance bonds as evidence thereof.
9. Execution of Work: If the Contractor should neglect to execute the Work properly
or fail to perform any provisions of this Agreement, the District, may, pursuant to
the General Conditions and without prejudice to any other remedy it may have,
make good such deficiencies and may deduct the cost thereof from the payment
then or thereafter due the Contractor.
10. District Representatives: Contractor hereby acknowledges that the Architect(s),
District’s Agent, the Project Inspector(s), and the Division of the State Architect have
authority to approve and/or stop
work if the Contractor’s Work does not comply with
the requirements of the Contract Documents, Title 24 of the California Code of
Regulations, and all applicable laws. The Contractor shall be liable for any delay
caused by its non-compliant Work.
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 04, Fine Arts & CIS/Math DOCUMENT 00 52 13-3
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11. Assignment of Contract: Neither the Contract, nor any part thereof, nor any
moneys due or to become due thereunder, may be assigned by the Contractor
without the written approval of the District, nor without the written consent of the
Surety on the Contractor's Performance Bond (the “Surety”), unless the Surety has
waived in writing its right to notice of assignment.
12. Classification of Contractor’s License: Contractor hereby acknowledges that it
currently holds valid Type C-8 Contractor's license(s) issued by the State of
California, Contractor's State Licensing Board, in accordance with division 3, chapter
9, of the Business and Professions Code and in the classification called for in the
Contract Documents.
13. Payment of Prevailing Wages: The Contractor and all Subcontractors under the
Contractor shall pay all workers on all Work performed pursuant to
this Agreement
not less than the general prevailing rate of per diem wages and the general
prevailing rate for holiday and overtime work as determined by the Director of the
Department of Industrial Relations, State of California, for the type of work
performed and the locality in which the work is to be performed within the
boundaries of the District, pursuant to sections 1770 et seq. of the California Labor
Code.
14. [Labor Compliance: If the District has adopted a labor compliance program which
is applicable to the Project or if the Project is subject to State labor compliance
monitored and enforced by the Compliance Monitoring Unit of the Department of
Industrial Relations, Contractor specifically acknowledges and understands that it
shall perform the Work of this Agreement while complying with all the applicable
provisions of the District’s labor compliance program or State labor compliance, if
applicable, including, without limitation, the requirement that the Contractor and all
of its Subcontractors shall timely submit complete and accurate certified payroll
records as required by the Contract Documents, or the District cannot issue
payment.]
15. Contract Price: In consideration of the foregoing covenants, promises, and
agreements on the part of the Contractor, and the strict and literal fulfillment of each
and every covenant, promise, and agreement, and as compensation agreed upon for
the Work and construction, erection, and completion as aforesaid, the District
covenants, promises, and agrees that it will well and truly pay and cause to be paid
to the Contractor in full, and as the full Contract Price and compensation for
construction, erection, and completion of the Work hereinabove agreed to be
performed by the Contractor, the following price:
Seven Million One Hundred Eighty-Seven Thousand Five Hundred
Seventy-One and 00/100 Dollars
($7,187,571.00)
,
in lawful money of the United States, which sum is to be paid according to the
schedule provided by the Contractor and accepted by the District and subject to
additions and deductions as provided in the Contract. This amount supersedes any
previously stated and/or agreed to amount(s).
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 04, Fine Arts & CIS/Math DOCUMENT 00 52 13-4
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16. Severability: If any term, covenant, condition, or provision in any of the Contract
Documents is held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remainder of the provisions in the Contract Documents shall
remain in full force and effect and shall in no way be affected, impaired, or
invalidated thereby.
IN WITNESS WHEREOF, accepted and agreed on the date indicated above:
CONTRACTOR DISTRICT
ROCKY COAST BUILDERS, INC. CERRITOS COMMUNITY COLLEGE
DISTRICT
By: By:
Title: President Title: Vice President of Business Services
Print Name: Doug Ladderbush Print Name: Dr. David El Fattal
NOTE: If the party executing
this Agreement is a corporation, a certified copy of the by-
laws, or of the resolution of the Board of Directors, authorizing the officers of said
corporation to execute the Contract and the bonds required thereby must be
attached hereto.
END OF DOCUMENT
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 04, Fine Arts & CIS/Math DOCUMENT 00 52 13-5
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Page 1 of 1
Cerritos Community College District
Bid No. 13P032 - Category 04 (Structural and Site Concrete)
Project: Fine Arts - CIS/Math Building
Designated Subcontractors Summary
Subcontractor Name
Street Address City State ZIP Portion of Work Bid Amount
Drill Tech Drilling & Shoring, Inc. 355 Sheridan Street, Suite 117 Corona CA 92880 Drilled Piers 1,100,000.00$
Upland Contracting, Inc. 1037 S. Sultana Ave. Ontario CA 91761 Rebar 1,000,000.00$
Surfacing Solutions, Inc. 42095 Zevo Dr. Temecula CA 92590 Polished Concrete 190,000.00$
Troyer Contracting 10122 Freeman Ave. Santa Fe Springs CA 90670 Pedestal Pavers 100,000.00$
Rocky Coast Builders, Inc.
Escondido, CA
Back to Board AgendaBack to Board Agenda
CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 36
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. David El Fattal
Vice President of Business Services/
Assistant Superintendent
PREPARED BY:
Mark B. Logan
Director of Purchasing
SUBJECT: Consideration of Approval of Bid No. 13P032, Fine Arts CIS/Math
Building - Category 07, Sheet Metal and Trim
ACTION
It is recommended that the Board of Trustees authorize and approve Cerritos College to take the following
action:
1. Approve the relief of the bid submitted by Letner Roofing Company of Orange, California pursuant to
Public Contract Code Section 5100-5110, as there was a verified error in the bid:
and
2. Approve the award of contract for Bid No. 13P032, Fine Arts-CIS/Math Building Category 07 to
Eberhard of Van Nuys, California as the lowest responsive, responsible bidder in the amount of
$922,637.00, which equals the Total Base Bid Amount.
Staff recommends the approval of bid and award of contract to Eberhard of Van Nuys, California as the
lowest responsive, responsible bidder. Board approval of the award of contract, if any, would be contingent
upon resolution of any bid protests during the applicable protest period. Board approval of award of contract
would also be contingent upon the contractor awarded the project providing acceptable insurance and
bonding as required in the Bid and Contract Documents. Furthermore, this project has been determined to
be substantially complex pursuant to Resolution No. 12-04.
FISCAL IMPACT
The amount of the lowest responsive, responsible bid for the Total Base Bid Amount is $922,637. Funding
for this project, if award of contract is approved by the Board, will be allocated from the GO Bond. If rejection
of the bid is approved by the Board, funding for the initial advertising of this project and the rebid, will be
allocated from the GO Bond.
REPORT SUMMARY
On July 1, 2014 and July 8, 2014, Cerritos College advertised the release of Bid No. 13P032 for the Fine
Arts CIS/Math Building project. In addition to advertisement in a local area publication, all prequalified
contractors with applicable licenses specific to each bid category on Cerritos College’s prequalification list
were invited to provide a bid for the project. A total of fifty prequalified contractors were contacted for this bid
category alone. The project includes, but is not limited to, construction of the proposed Fine Arts and
CIS/Math Buildings, demolition of the existing utilities at the existing Technology Building and Child
Back to Board AgendaBack to Board Agenda
Development Center, demolition of the existing Fine Arts Building, and various site work and improvements.
This particular bid category scope of work pertains to the sheet metal and trim portion of the project work.
Pursuant to Resolution No. 12-04 as approved by the Board of Trustees on February 15, 2012, this project
was determined to be substantially complex, therefore subject to retention in the amount of ten percent of
the total contract price.
The bid category had a bid due date of August 4, 2014. The project was bid as a multi-prime project, whereby
Cerritos College bid eighteen categories for various elements of the Project work. For Category 07 (Sheet
Metal and Trim), a Class B, or Class C-43 license was required. The construction cost estimate for the project
was approximately $1,580,300.
Attendance was mandatory at either one of the two pre-bid conference meeting and job walks scheduled on
July 8, 2014 and July 11, 2014. A combined attendance total of one hundred twenty-three contractors
attended one of the two mandatory pre-bid conference and job walk meetings on July 8, 2014 and July 11,
2014.
Previous to the bid due date, reminders were sent to the eligible contractors, as well as several rounds of
phone calls to identify interest and confirm level of bid commitment from the potential bidders. Three
contractors submitted bids for this category of the multi-prime bid. The bid submitted by Letner Roofing
Company of Orange, California was rescinded by the contractor pursuant to Public Contract Code (PCC)
Section 5100-5110, as there was a verified error in the bid. In accordance with PCC 5103, the bid withdrawal
is considered valid
Recommendation of award of contract is based upon the lowest responsive, responsible bidder for the Total
Base Bid Amount as stipulated in the Bid and Contract Documents. A summary of the Bid Opening Results
are attached hereto detailing the responsive bid received.
Upon completion of Cerritos College’s due diligence review, Eberhard is the lowest responsive and
responsible bidder for this project work, and acceptance of the bid is in the best interest of Cerritos College.
A summary of the contractor’s designated subcontractors that was submitted with their bid, as required by
Public Contract Code 4100 et seq., is attached.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
Bid Results for Bid No. 13P032, Fine Arts-CIS/Math BuildingCategory 07, Sheet Metal and Trim
Draft Contract Agreement for Bid No. 13P032 Category 07 Eberhard
Designated Subcontractors Summary Eberhard
Back to Board AgendaBack to Board Agenda
Page 1 of 1
Cerritos Community College District
Bid No. 13P032, Fine Arts - CIS/Math Building, Category 07 (Sheet Metal and Trim)
Bid Opening Results
Bid Due Date: August 4, 2014; 2:00 pm
Letner Roofing Company*
Orange, CA
Eberhard
Van Nuys, CA
Best Contracting Services, Inc.
Gardena, CA
Base Bid Amount
727,000.00$ 902,637.00$ 934,000.00$
Allowance Amount
20,000.00$ 20,000.00$ 20,000.00$
TOTAL BASE BID AMOUNT
747,000.00$ 922,637.00$ 954,000.00$
Delta from Lowest Bid 175,637.00$ 207,000.00$
* Bid rescinded pursuant to PCC 5100 et. seq.
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PROJECT: Fine Arts-CIS/Math Building / BID NO.: 13P032
DATE OF CONTRACT: October 2, 2014 / CONTRACT NO.: 13P032-07, Sheet Metal
and Trim
DOLLAR VALUE: $922,637.00
LIQUIDATED DAMAGES: $2,500.00 per day
CONTRACTOR: Eberhard
TERM: 738 Calendar Days
TIME FOR COMPLETION:
_____________________
Eberhard
Address: 15220 Raymer Street, Van Nuys, CA 91405
Phone: 818-782-4604
Fax: 818-782-5099
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 07, Fine Arts & CIS/Math DOCUMENT 00 52 13-1
Back to Board AgendaBack to Board Agenda
AGREEMENT
This Agreement is made and entered into this 2
nd
day of October, 2014, by and between
the Cerritos Community College District (“District”) and Eberhard (“Contractor”)
(“Agreement”).
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by
these presents do covenant and agree with each other, as follows:
1. The Work: Contractor agrees to furnish all tools, equipment, apparatus, facilities,
labor, and material necessary to perform and complete in a good and workmanlike
manner, the work of the following project:
PROJECT:
13P032, Fine Arts-CIS/Math Building
Category 07, Sheet Metal and Trim
(“Project”)
It is understood and agreed that the Work shall be performed and completed as
required in the Contract Documents including, without limitation, the Drawings and
Specifications, under the direction and supervision of, and subject to, the approval of
the District or its authorized representative.
2. The Contract Documents: The complete Agreement consists of all Contract
Documents as defined in the General Conditions and incorporated herein by this
reference. Any and all obligations of the District and Contractor are fully set forth
and described in the Contract Documents. All Contract Documents are intended to
cooperate so that any Work called for in one and not mentioned in the other or vice
versa is to be executed the same as if mentioned in all Contract Documents.
3. Interpretation of Contract Documents: Should any question arise concerning
the intent or meaning of Contract Documents, including the Drawings or
Specifications, the question shall be submitted to the District for interpretation. If a
conflict exists in the Contract Documents, modifications, beginning with the most
recent, shall control over this Agreement (if any), which shall control over the
Special Conditions, which shall control over any Supplemental Conditions, which shall
control over the General Conditions, which shall control over the remaining Division 0
documents, which shall control over Division 1 Documents which shall control over
Division 2 through Division 33 documents, which shall control over figured
dimensions, which shall control over large-scale drawings, which shall control over
small-scale drawings. In no case shall a document calling for lower quality and/or
quantity material or workmanship control. The decision of the District in the matter
shall be final.
4. Time for Completion: It is hereby understood and agreed that the Work under this
Project shall be completed within SEVEN HUNDRED THIRTY-EIGHT (738
)
consecutive calendar days (“Contract Time”) from the date specified in the
District's Notice to Proceed.
5. Coordination of Work: Should the Contractor fail to complete this Project, and the
Work provided herein, within the time fixed for completion, due allowance being
made for the contingencies provided for herein, the Contractor shall become liable to
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 07, Fine Arts & CIS/Math DOCUMENT 00 52 13-2
Back to Board AgendaBack to Board Agenda
the District for all loss and damage that the District may suffer on account thereof.
The Contractor shall coordinate its Work with the work of all other contractors. The
District shall not be liable for delays resulting from Contractor's failure to coordinate
its Work with other contractors in a manner that will allow timely completion of
Contractor's Work. Contractor shall be liable for delays to other contractors caused
by Contractor's failure to coordinate its Work with the work of other contractors.
6. Liquidated Damages: Time is of the essence for all Work under this Agreement.
It is hereby understood and agreed that it is and will be difficult and/or impossible to
ascertain and determine the actual damage that the District will sustain in the event
of and by reason of Contractor's delay; therefore, Contractor agrees that it shall pay
to the District the sum of TWO THOUSAND FIVE HUNDRED AND 00/100
DOLLARS ($2,500.00) per day as liquidated damages for each and every day's
delay beyond the time herein prescribed in finishing the Work. It is hereby
understood and agreed that this amount is not a penalty.
In the event any portion of the liquidated damages are not paid to the District, the
District may deduct that amount from any money due or that may become due the
Contractor under this Agreement. The District's right to assess liquidated damages
is as indicated herein and in the General Conditions.
The time during which the Contract is delayed for cause as hereinafter specified may
extend the time of completion for a reasonable time as the District may grant. This
provision does not exclude the recovery of damages for delay by either party under
other provisions in the Contract Documents.
7. Loss Or Damage: The District and its authorized representatives shall not in any
way or manner be answerable or suffer loss, damage, expense, or liability for any
loss or damage that may happen to the Work, or any part thereof, or in or about the
same during its construction and before acceptance, and the Contractor shall assume
all liabilities of every kind or nature arising from the Work, either by accident,
negligence, theft, vandalism, or any cause whatever; and shall hold the District and
its authorized representatives harmless from all liability of every kind and nature
arising from accident, negligence, or any cause whatever.
8. Insurance and Bonds: Contractor shall provide all required certificates of
insurance, and payment and performance bonds as evidence thereof.
9. Execution of Work: If the Contractor should neglect to execute the Work properly
or fail to perform any provisions of this Agreement, the District, may, pursuant to
the General Conditions and without prejudice to any other remedy it may have,
make good such deficiencies and may deduct the cost thereof from the payment
then or thereafter due the Contractor.
10. District Representatives: Contractor hereby acknowledges that the Architect(s),
District’s Agent, the Project Inspector(s), and the Division of the State Architect have
authority to approve and/or stop
work if the Contractor’s Work does not comply with
the requirements of the Contract Documents, Title 24 of the California Code of
Regulations, and all applicable laws. The Contractor shall be liable for any delay
caused by its non-compliant Work.
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 07, Fine Arts & CIS/Math DOCUMENT 00 52 13-3
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11. Assignment of Contract: Neither the Contract, nor any part thereof, nor any
moneys due or to become due thereunder, may be assigned by the Contractor
without the written approval of the District, nor without the written consent of the
Surety on the Contractor's Performance Bond (the “Surety”), unless the Surety has
waived in writing its right to notice of assignment.
12. Classification of Contractor’s License: Contractor hereby acknowledges that it
currently holds valid Type C-43 Contractor's license(s) issued by the State of
California, Contractor's State Licensing Board, in accordance with division 3, chapter
9, of the Business and Professions Code and in the classification called for in the
Contract Documents.
13. Payment of Prevailing Wages: The Contractor and all Subcontractors under the
Contractor shall pay all workers on all Work performed pursuant to
this Agreement
not less than the general prevailing rate of per diem wages and the general
prevailing rate for holiday and overtime work as determined by the Director of the
Department of Industrial Relations, State of California, for the type of work
performed and the locality in which the work is to be performed within the
boundaries of the District, pursuant to sections 1770 et seq. of the California Labor
Code.
14. [Labor Compliance: If the District has adopted a labor compliance program which
is applicable to the Project or if the Project is subject to State labor compliance
monitored and enforced by the Compliance Monitoring Unit of the Department of
Industrial Relations, Contractor specifically acknowledges and understands that it
shall perform the Work of this Agreement while complying with all the applicable
provisions of the District’s labor compliance program or State labor compliance, if
applicable, including, without limitation, the requirement that the Contractor and all
of its Subcontractors shall timely submit complete and accurate certified payroll
records as required by the Contract Documents, or the District cannot issue
payment.]
15. Contract Price: In consideration of the foregoing covenants, promises, and
agreements on the part of the Contractor, and the strict and literal fulfillment of each
and every covenant, promise, and agreement, and as compensation agreed upon for
the Work and construction, erection, and completion as aforesaid, the District
covenants, promises, and agrees that it will well and truly pay and cause to be paid
to the Contractor in full, and as the full Contract Price and compensation for
construction, erection, and completion of the Work hereinabove agreed to be
performed by the Contractor, the following price:
Nine Hundred Twenty-Two Six Hundred Thirty-Seven and 00/100
Dollars
($922,637.00)
,
in lawful money of the United States, which sum is to be paid according to the
schedule provided by the Contractor and accepted by the District and subject to
additions and deductions as provided in the Contract. This amount supersedes any
previously stated and/or agreed to amount(s).
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 07, Fine Arts & CIS/Math DOCUMENT 00 52 13-4
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16. Severability: If any term, covenant, condition, or provision in any of the Contract
Documents is held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remainder of the provisions in the Contract Documents shall
remain in full force and effect and shall in no way be affected, impaired, or
invalidated thereby.
IN WITNESS WHEREOF, accepted and agreed on the date indicated above:
CONTRACTOR DISTRICT
EBERHARD CERRITOS COMMUNITY COLLEGE
DISTRICT
By: By:
Title: President Title: Vice President of Business Services
Print Name: Brian Mowatt Print Name: Dr. David El Fattal
NOTE: If the party executing
this Agreement is a corporation, a certified copy of the by-
laws, or of the resolution of the Board of Directors, authorizing the officers of said
corporation to execute the Contract and the bonds required thereby must be
attached hereto.
END OF DOCUMENT
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 07, Fine Arts & CIS/Math DOCUMENT 00 52 13-5
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Page 1 of 1
Cerritos Community College District
Bid No. 13P032 - Category 07 (Sheet Metal and Trim)
Project: Fine Arts - CIS/Math Building
Designated Subcontractors Summary
Subcontractor Name
Street Address City State ZIP Portion of Work Bid Amount
The prime contractor will not be using any subcontractors
Eberhard
Van Nuys, CA
Back to Board AgendaBack to Board Agenda
CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 37
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. David El Fattal
Vice President of Business Services/
Assistant Superintendent
PREPARED BY:
Mark B. Logan
Director of Purchasing
SUBJECT: Consideration of Approval of Bid No. 13P032, Fine Arts CIS/Math
Building - Category 11, Metal Stud/Drywall and Plaster
ACTION
It is recommended that the Board of Trustees authorize and approve Cerritos College to take the following
action:
1. Approve the relief of the bid submitted by Best Interiors, Inc. of Anaheim, California pursuant to Public
Contract Code Section 5100-5110, as there was a verified error in the bid;
and
2. Approve the award of contract for Bid No. 13P032, Fine Arts CIS/Math Building Category 11 to
Sierra Lathing Company, Inc. of Rialto, California as the lowest responsive, responsible bidder in the
amount of $3,424,816, which equals the Total Base Bid Amount.
Staff recommends the approval of bid and award of contract to Sierra Lathing Company, Inc. of Rialto,
California as the lowest responsive, responsible bidder. Board approval of the award of contract, if any,
would be contingent upon resolution of any bid protests during the applicable protest time period. Board
approval of award of contract would also be contingent upon the contractor awarded the project providing
acceptable insurance and bonding as required in the Bid and Contract Documents. Furthermore, this project
has been determined to be substantially complex pursuant to Resolution No. 12-04.
FISCAL IMPACT
The amount of the lowest responsive, responsible bid for the Total Base Bid Amount is $3,424,816. Funding
for this project, if award of contract is approved by the Board, will be allocated from the GO Bond. If rejection
of the bid is approved by the Board, funding for the initial advertising of this project and the rebid, will be
allocated from the GO Bond.
REPORT SUMMARY
On July 1, 2014 and July 8, 2014, Cerritos College advertised the release of Bid No. 13P032 for the Fine
Arts CIS/Math Building project. In addition to advertisement in a local area publication, all prequalified
contractors with applicable licenses specific to each bid category on Cerritos College’s prequalification list
were invited to provide a bid for the project. A total of forty-eight prequalified contractors were contacted for
this bid category alone. The project includes, but is not limited to, construction of the proposed Fine Arts and
CIS/Math Buildings, demolition of the existing utilities at the existing Technology Building and Child
Back to Board AgendaBack to Board Agenda
Development Center, demolition of the existing Fine Arts Building, and various site work and improvements.
This particular bid category scope of work pertains to the metal stud/drywall and plaster portion of the project
work. Pursuant to Resolution No. 12-04 as approved by the Board of Trustees on February 15, 2012, this
project was determined to be substantially complex, therefore subject to retention in the amount of ten
percent of the total contract price.
The bid category had a bid due date of August 4, 2014. The project was bid as a multi-prime project, whereby
Cerritos College bid eighteen categories for various elements of the Project work. For Category 11 (Metal
Stud/Drywall and Plaster), a Class B, Class C-9, or Class C-35 license was required. The construction cost
estimate for the project was approximately $2,343,600.
Attendance was mandatory at either one of the two pre-bid conference meeting and job walks scheduled on
July 8, 2014 and July 11, 2014. A combined attendance total of one hundred twenty three contractors
attended one of the two mandatory pre-bid conference and job walk meetings on July 8, 2014 and July 11,
2014.
Previous to the bid due date, reminders were sent to the eligible contractors, as well as several rounds of
phone calls to identify interest and confirm level of bid commitment from the potential bidders. Five
contractors submitted bids for this category of the multi-prime bid. The bid submitted by Best Interiors, Inc.
of Anaheim, California was rescinded by the contractor pursuant to Public Contract Code (PCC) Section
5100-5110, as there was a verified error in the bid. In accordance with PCC 5103, the bid withdrawal is
considered valid
Recommendation of award of contract is based on the lowest responsive, responsible bidder for the Total
Base Bid Amount as stipulated in the Bid and Contract Documents. A summary of the Bid Opening Results
are attached hereto detailing the responsive bid received.
Upon completion of Cerritos College’s due diligence review, Sierra Lathing Company, Inc. is the lowest
responsive, responsible bidder for this project work, and acceptance of the bid is in the best interest of
Cerritos College. A summary of the contractor’s designated subcontractors that was submitted with their bid,
as required by Public Contract Code Section 4100 et seq., is attached.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
Bid Results for Bid No. 13P032, Fine Arts-CIS/Math BuildingCategory 11, Metal Stud/Drywall and
Plaster
Draft Contract Agreement for Bid No. 13P032 Category 11 Sierra Lathing Company, Inc.
Designated Subcontractors Summary Sierra Lathing Company, Inc.
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Page 1 of 1
Cerritos Community College District
Bid No. 13P032, Fine Arts - CIS/Math Building, Category 11 (Metal Stud/Drywall and Plaster)
Bid Opening Results
Bid Due Date: August 4, 2014; 2:00 pm
Best Interiors, Inc.*
Anaheim, CA
Sierra Lathing Company, Inc.
Rialto, CA
Brady Company/Los Angeles
Anaheim, CA
Standard Drywall, Inc.
Corona, Ca
Caston, Inc.
San Bernardino, CA
Base Bid Amount
2,498,400.00$
3,349,816.00$ 3,509,960.00$ 3,513,000.00$ 3,623,985.00$
Allowance Amount
75,000.00$
75,000.00$ 75,000.00$ 75,000.00$ 75,000.00$
TOTAL BASE BID AMOUNT
2,573,400.00$ 3,424,816.00$ 3,584,960.00$ 3,588,000.00$ 3,698,985.00$
Delta from Lowest Bid
851,416.00$ 1,011,560.00$ 1,014,600.00$ 1,125,585.00$
* Bid rescinded pursuant to PCC 5100 et. seq.
Back to Board AgendaBack to Board Agenda
PROJECT: Fine Arts-CIS/Math Building / BID NO.: 13P032
DATE OF CONTRACT: October 2, 2014 / CONTRACT NO.: 13P032-11, Metal
Stud/Drywall/Plaster
DOLLAR VALUE: $3,424,816.00
LIQUIDATED DAMAGES: $2,500.00 per day
CONTRACTOR: Sierra Lathing Company, Inc.
TERM: 738 Calendar Days
TIME FOR COMPLETION:
_____________________
Sierra Lathing Company, Inc.
Address: 1189 West Leiske Drive, Rialto, Ca 92376
Phone: 909-421-0211
Fax: 909-421-0346
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 11, Fine Arts & CIS/Math DOCUMENT 00 52 13-1
Back to Board AgendaBack to Board Agenda
AGREEMENT
This Agreement is made and entered into this 2
nd
day of October, 2014, by and between
the Cerritos Community College District (“District”) and Sierra Lathing Company, Inc.
(“Contractor”) (“Agreement”).
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by
these presents do covenant and agree with each other, as follows:
1. The Work: Contractor agrees to furnish all tools, equipment, apparatus, facilities,
labor, and material necessary to perform and complete in a good and workmanlike
manner, the work of the following project:
PROJECT:
13P032, Fine Arts-CIS/Math Building
Category 11, Metal Stud/Drywall/Plaster
(“Project”)
It is understood and agreed that the Work shall be performed and completed as
required in the Contract Documents including, without limitation, the Drawings and
Specifications, under the direction and supervision of, and subject to, the approval of
the District or its authorized representative.
2. The Contract Documents: The complete Agreement consists of all Contract
Documents as defined in the General Conditions and incorporated herein by this
reference. Any and all obligations of the District and Contractor are fully set forth
and described in the Contract Documents. All Contract Documents are intended to
cooperate so that any Work called for in one and not mentioned in the other or vice
versa is to be executed the same as if mentioned in all Contract Documents.
3. Interpretation of Contract Documents: Should any question arise concerning
the intent or meaning of Contract Documents, including the Drawings or
Specifications, the question shall be submitted to the District for interpretation. If a
conflict exists in the Contract Documents, modifications, beginning with the most
recent, shall control over this Agreement (if any), which shall control over the
Special Conditions, which shall control over any Supplemental Conditions, which shall
control over the General Conditions, which shall control over the remaining Division 0
documents, which shall control over Division 1 Documents which shall control over
Division 2 through Division 33 documents, which shall control over figured
dimensions, which shall control over large-scale drawings, which shall control over
small-scale drawings. In no case shall a document calling for lower quality and/or
quantity material or workmanship control. The decision of the District in the matter
shall be final.
4. Time for Completion: It is hereby understood and agreed that the Work under this
Project shall be completed within SEVEN HUNDRED THIRTY-EIGHT (738)
consecutive calendar days (“Contract Time”) from the date specified in the
District's Notice to Proceed.
5. Coordination of Work: Should the Contractor fail to complete this Project, and the
Work provided herein, within the time fixed for completion, due allowance being
made for the contingencies provided for herein, the Contractor shall become liable to
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 11, Fine Arts & CIS/Math DOCUMENT 00 52 13-2
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the District for all loss and damage that the District may suffer on account thereof.
The Contractor shall coordinate its Work with the work of all other contractors. The
District shall not be liable for delays resulting from Contractor's failure to coordinate
its Work with other contractors in a manner that will allow timely completion of
Contractor's Work. Contractor shall be liable for delays to other contractors caused
by Contractor's failure to coordinate its Work with the work of other contractors.
6. Liquidated Damages: Time is of the essence for all Work under this Agreement.
It is hereby understood and agreed that it is and will be difficult and/or impossible to
ascertain and determine the actual damage that the District will sustain in the event
of and by reason of Contractor's delay; therefore, Contractor agrees that it shall pay
to the District the sum of TWO THOUSAND FIVE HUNDRED AND 00/100
DOLLARS ($2,500.00) per day as liquidated damages for each and every day's
delay beyond the time herein prescribed in finishing the Work. It is hereby
understood and agreed that this amount is not a penalty.
In the event any portion of the liquidated damages are not paid to the District, the
District may deduct that amount from any money due or that may become due the
Contractor under this Agreement. The District's right to assess liquidated damages
is as indicated herein and in the General Conditions.
The time during which the Contract is delayed for cause as hereinafter specified may
extend the time of completion for a reasonable time as the District may grant. This
provision does not exclude the recovery of damages for delay by either party under
other provisions in the Contract Documents.
7. Loss Or Damage: The District and its authorized representatives shall not in any
way or manner be answerable or suffer loss, damage, expense, or liability for any
loss or damage that may happen to the Work, or any part thereof, or in or about the
same during its construction and before acceptance, and the Contractor shall assume
all liabilities of every kind or nature arising from the Work, either by accident,
negligence, theft, vandalism, or any cause whatever; and shall hold the District and
its authorized representatives harmless from all liability of every kind and nature
arising from accident, negligence, or any cause whatever.
8. Insurance and Bonds: Contractor shall provide all required certificates of
insurance, and payment and performance bonds as evidence thereof.
9. Execution of Work: If the Contractor should neglect to execute the Work properly
or fail to perform any provisions of this Agreement, the District, may, pursuant to
the General Conditions and without prejudice to any other remedy it may have,
make good such deficiencies and may deduct the cost thereof from the payment
then or thereafter due the Contractor.
10. District Representatives: Contractor hereby acknowledges that the Architect(s),
District’s Agent, the Project Inspector(s), and the Division of the State Architect have
authority to approve and/or stop
work if the Contractor’s Work does not comply with
the requirements of the Contract Documents, Title 24 of the California Code of
Regulations, and all applicable laws. The Contractor shall be liable for any delay
caused by its non-compliant Work.
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 11, Fine Arts & CIS/Math DOCUMENT 00 52 13-3
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11. Assignment of Contract: Neither the Contract, nor any part thereof, nor any
moneys due or to become due thereunder, may be assigned by the Contractor
without the written approval of the District, nor without the written consent of the
Surety on the Contractor's Performance Bond (the “Surety”), unless the Surety has
waived in writing its right to notice of assignment.
12. Classification of Contractor’s License: Contractor hereby acknowledges that it
currently holds valid Type C-9, C-35 Contractor's license(s) issued by the State of
California, Contractor's State Licensing Board, in accordance with division 3, chapter
9, of the Business and Professions Code and in the classification called for in the
Contract Documents.
13. Payment of Prevailing Wages: The Contractor and all Subcontractors under the
Contractor shall pay all workers on all Work performed pursuant to
this Agreement
not less than the general prevailing rate of per diem wages and the general
prevailing rate for holiday and overtime work as determined by the Director of the
Department of Industrial Relations, State of California, for the type of work
performed and the locality in which the work is to be performed within the
boundaries of the District, pursuant to sections 1770 et seq. of the California Labor
Code.
14. [Labor Compliance: If the District has adopted a labor compliance program which
is applicable to the Project or if the Project is subject to State labor compliance
monitored and enforced by the Compliance Monitoring Unit of the Department of
Industrial Relations, Contractor specifically acknowledges and understands that it
shall perform the Work of this Agreement while complying with all the applicable
provisions of the District’s labor compliance program or State labor compliance, if
applicable, including, without limitation, the requirement that the Contractor and all
of its Subcontractors shall timely submit complete and accurate certified payroll
records as required by the Contract Documents, or the District cannot issue
payment.]
15. Contract Price: In consideration of the foregoing covenants, promises, and
agreements on the part of the Contractor, and the strict and literal fulfillment of each
and every covenant, promise, and agreement, and as compensation agreed upon for
the Work and construction, erection, and completion as aforesaid, the District
covenants, promises, and agrees that it will well and truly pay and cause to be paid
to the Contractor in full, and as the full Contract Price and compensation for
construction, erection, and completion of the Work hereinabove agreed to be
performed by the Contractor, the following price:
Three Million Four Hundred Twenty-Four Thousand Eight Hundred
Sixteen and 00/100 Dollars
($3,424,816.00)
,
in lawful money of the United States, which sum is to be paid according to the
schedule provided by the Contractor and accepted by the District and subject to
additions and deductions as provided in the Contract. This amount supersedes any
previously stated and/or agreed to amount(s).
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 11, Fine Arts & CIS/Math DOCUMENT 00 52 13-4
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16. Severability: If any term, covenant, condition, or provision in any of the Contract
Documents is held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remainder of the provisions in the Contract Documents shall
remain in full force and effect and shall in no way be affected, impaired, or
invalidated thereby.
IN WITNESS WHEREOF, accepted and agreed on the date indicated above:
CONTRACTOR DISTRICT
SIERRA LATHING COMPANY, INC. CERRITOS COMMUNITY COLLEGE
DISTRICT
By: By:
Title: President Title: Vice President of Business Services
Print Name: Gary Waldron, Sr. Print Name: Dr. David El Fattal
NOTE: If the party executing
this Agreement is a corporation, a certified copy of the by-
laws, or of the resolution of the Board of Directors, authorizing the officers of said
corporation to execute the Contract and the bonds required thereby must be
attached hereto.
END OF DOCUMENT
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 11, Fine Arts & CIS/Math DOCUMENT 00 52 13-5
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Page 1 of 1
Cerritos Community College District
Bid No. 13P032 - Category 11 (Metal Stud/Drywall and Plaster)
Project: Fine Arts - CIS/Math Building
Designated Subcontractors Summary
Subcontractor Name
Street Address City State ZIP Portion of Work Bid Amount
A. Lopez & Sons, Inc. 10126 Central Avenue #D Montclair CA 91763 Plaster 450,996.00$
Alert Insulation Co., Inc. 15913 Old Valley Blvd. La Puente CA 91744 Insulation 101,056.00$
Sierra Lathing Company, Inc.
Rialto, CA
Back to Board AgendaBack to Board Agenda
CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 38
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. David El Fattal
Vice President of Business Services/
Assistant Superintendent
PREPARED BY:
Mark B. Logan
Director of Purchasing
SUBJECT: Consideration of Approval of Bid No. 13P032, Fine Arts CIS/Math
Building - Category 12, Acoustical Treatments and Ceilings
ACTION
It is recommended that the Board of Trustees authorize and approve Cerritos College to take the following
action:
1. Reject bid submitted by Excel Acoustics of Corona, California as non-responsive to the bid and
contract documents for failure to provide all required mandatory documents in the bid;
and
2. Approve the award of contract for Bid No. 13P032, Fine Arts CIS/Math Building Category 12 to
Southcoast Acoustical Interiors, Inc. of Fontana, California as the lowest responsive, responsible
bidder in the amount of $838,430.00, which equals the Total Base Bid Amount.
Staff recommends the approval of bid and award of contract to Southcoast Acoustical Interiors, Inc. of
Fontana, California as the lowest responsive, responsible bidder. Board approval of the award of contract,
if any, would be contingent upon resolution of any bid protests during the applicable protest time period.
Board approval of award of contract would also be contingent upon the contractor awarded the project
providing acceptable insurance and bonding as required in the Bid and Contract Documents. Furthermore,
this project has been determined to be substantially complex pursuant to Resolution No. 12-04.
FISCAL IMPACT
The amount of the lowest responsive, responsible bid for the Total Base Bid Amount is $838,430. Funding
for this project, if award of contract is approved by the Board, will be allocated from the GO Bond. If rejection
of the bid is approved by the Board, funding for the initial advertising of this project and the rebid, will be
allocated from the GO Bond.
REPORT SUMMARY
On July 1, 2014 and July 8, 2014, Cerritos College advertised the release of Bid No. 13P032 for the Fine
Arts CIS/Math Building project. In addition to advertisement in a local area publication, all prequalified
contractors with applicable licenses specific to each bid category on Cerritos College’s prequalification list
were invited to provide a bid for the project. A total of fifty-six prequalified contractors were contacted for this
bid category alone. The project includes, but is not limited to, construction of the proposed Fine Arts and
CIS/Math Buildings, demolition of the existing utilities at the existing Technology Building and Child
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Development Center, demolition of the existing Fine Arts Building, and various site work and improvements.
This particular bid category scope of work pertains to the acoustical treatments and ceilings portion of the
project work. Pursuant to Resolution No. 12-04 as approved by the Board of Trustees on February 15, 2012,
this project was determined to be substantially complex, therefore subject to retention in the amount of ten
percent of the total contract price.
The bid category had a bid due date of August 4, 2014. The project was bid as a multi-prime project, whereby
Cerritos College bid eighteen categories for various elements of the Project work. For Category 12
(Acoustical Treatments and Ceilings), a Class B, Class C-2, or Class D-50 license was required. The
construction cost estimate for the project was approximately $497,900.
Attendance was mandatory at either one of the two pre-bid conference meeting and job walks scheduled on
July 8, 2014 and July 11, 2014. A combined attendance total of one hundred twenty-three contractors
attended one of the two mandatory pre-bid conference and job walk meetings on July 8, 2014 and July 11,
2014.
Previous to the bid due date, reminders were sent to the eligible contractors, as well as several rounds of
phone calls to identify interest and confirm level of bid commitment from the potential bidders. Two
contractors submitted bids for this category of the multi-prime bid. The bid submitted by Excel Acoustics of
Corona, California was determined to be non-responsive to the bid and contract documents for failure to
provide all required documents with the bid, including, but not limited to, satisfactory bid security and other
mandatory bid documents.
Upon completion of Cerritos College’s due diligence review, Southcoast Acoustical Interiors, Inc. is the lowest
responsive, responsible bidder for this project work, and acceptance of the bid is in the best interest of
Cerritos College. A summary of the contractor’s designated subcontractors that was submitted with their bid,
as required by Public Contract Code Section 4100 et seq., is attached.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
Bid Results for Bid No. 13P032, Fine Arts-CIS/Math BuildingCategory 12, Acoustical Treatments and
Ceilings
Draft Contract Agreement for Bid No. 13P032 Category 12 Southcoast Acoustical Interiors, Inc.
Designated Subcontractors Summary Southcoast Acoustical Interiors, Inc.
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Page 1 of 1
Cerritos Community College District
Bid No. 13P032, Fine Arts - CIS/Math Building, Category 12 (Acoustical Treatments and Ceilings)
Bid Opening Results
Bid Due Date: August 4, 2014; 2:00 pm
Excel Acoustics*
Corona, CA
Southcoast Acoustical Interiors,
Inc.
Fontana, CA
Base Bid Amount
739,786.00$ 818,430.00$
Allowance Amount
20,000.00$
TOTAL BASE BID AMOUNT
739,786.00$
838,430.00$
Delta from Lowest Bid
98,644.00$
* Bid determined to be non-responsive
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PROJECT: Fine Arts-CIS/Math Building / BID NO.: 13P032
DATE OF CONTRACT: October 2, 2014 / CONTRACT NO.: 13P032-12, Acoustical
Treatments and Ceilings
DOLLAR VALUE: $838,430.00
LIQUIDATED DAMAGES: $2,500.00 per day
CONTRACTOR: Southcoast Acoustical Interiors, Inc.
TERM: 738 Calendar Days
TIME FOR COMPLETION:
_____________________
Southcoast Acoustical Interiors, Inc.
Address: 14980 Hilton Drive, Fontana, CA 92336
Phone: 909-428-2600
Fax: 909-428-2602
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 12, Fine Arts & CIS/Math DOCUMENT 00 52 13-1
Back to Board AgendaBack to Board Agenda
AGREEMENT
This Agreement is made and entered into this 2
nd
day of October, 2014, by and between
the Cerritos Community College District (“District”) and Southcoast Acoustical
Interiors, Inc. (“Contractor”) (“Agreement”).
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by
these presents do covenant and agree with each other, as follows:
1. The Work: Contractor agrees to furnish all tools, equipment, apparatus, facilities,
labor, and material necessary to perform and complete in a good and workmanlike
manner, the work of the following project:
PROJECT:
13P032, Fine Arts-CIS/Math Building
Category 12, Acoustical Treatments and Ceilings
(“Project”)
It is understood and agreed that the Work shall be performed and completed as
required in the Contract Documents including, without limitation, the Drawings and
Specifications, under the direction and supervision of, and subject to, the approval of
the District or its authorized representative.
2. The Contract Documents: The complete Agreement consists of all Contract
Documents as defined in the General Conditions and incorporated herein by this
reference. Any and all obligations of the District and Contractor are fully set forth
and described in the Contract Documents. All Contract Documents are intended to
cooperate so that any Work called for in one and not mentioned in the other or vice
versa is to be executed the same as if mentioned in all Contract Documents.
3. Interpretation of Contract Documents: Should any question arise concerning
the intent or meaning of Contract Documents, including the Drawings or
Specifications, the question shall be submitted to the District for interpretation. If a
conflict exists in the Contract Documents, modifications, beginning with the most
recent, shall control over this Agreement (if any), which shall control over the
Special Conditions, which shall control over any Supplemental Conditions, which shall
control over the General Conditions, which shall control over the remaining Division 0
documents, which shall control over Division 1 Documents which shall control over
Division 2 through Division 33 documents, which shall control over figured
dimensions, which shall control over large-scale drawings, which shall control over
small-scale drawings. In no case shall a document calling for lower quality and/or
quantity material or workmanship control. The decision of the District in the matter
shall be final.
4. Time for Completion: It is hereby understood and agreed that the Work under this
Project shall be completed within SEVEN HUNDRED THIRTY-EIGHT (738)
consecutive calendar days (“Contract Time”) from the date specified in the
District's Notice to Proceed.
5. Coordination of Work: Should the Contractor fail to complete this Project, and the
Work provided herein, within the time fixed for completion, due allowance being
made for the contingencies provided for herein, the Contractor shall become liable to
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 12, Fine Arts & CIS/Math DOCUMENT 00 52 13-2
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the District for all loss and damage that the District may suffer on account thereof.
The Contractor shall coordinate its Work with the work of all other contractors. The
District shall not be liable for delays resulting from Contractor's failure to coordinate
its Work with other contractors in a manner that will allow timely completion of
Contractor's Work. Contractor shall be liable for delays to other contractors caused
by Contractor's failure to coordinate its Work with the work of other contractors.
6. Liquidated Damages: Time is of the essence for all Work under this Agreement.
It is hereby understood and agreed that it is and will be difficult and/or impossible to
ascertain and determine the actual damage that the District will sustain in the event
of and by reason of Contractor's delay; therefore, Contractor agrees that it shall pay
to the District the sum of TWO THOUSAND FIVE HUNDRED AND 00/100
DOLLARS ($2,500.00) per day as liquidated damages for each and every day's
delay beyond the time herein prescribed in finishing the Work. It is hereby
understood and agreed that this amount is not a penalty.
In the event any portion of the liquidated damages are not paid to the District, the
District may deduct that amount from any money due or that may become due the
Contractor under this Agreement. The District's right to assess liquidated damages
is as indicated herein and in the General Conditions.
The time during which the Contract is delayed for cause as hereinafter specified may
extend the time of completion for a reasonable time as the District may grant. This
provision does not exclude the recovery of damages for delay by either party under
other provisions in the Contract Documents.
7. Loss Or Damage: The District and its authorized representatives shall not in any
way or manner be answerable or suffer loss, damage, expense, or liability for any
loss or damage that may happen to the Work, or any part thereof, or in or about the
same during its construction and before acceptance, and the Contractor shall assume
all liabilities of every kind or nature arising from the Work, either by accident,
negligence, theft, vandalism, or any cause whatever; and shall hold the District and
its authorized representatives harmless from all liability of every kind and nature
arising from accident, negligence, or any cause whatever.
8. Insurance and Bonds: Contractor shall provide all required certificates of
insurance, and payment and performance bonds as evidence thereof.
9. Execution of Work: If the Contractor should neglect to execute the Work properly
or fail to perform any provisions of this Agreement, the District, may, pursuant to
the General Conditions and without prejudice to any other remedy it may have,
make good such deficiencies and may deduct the cost thereof from the payment
then or thereafter due the Contractor.
10. District Representatives: Contractor hereby acknowledges that the Architect(s),
District’s Agent, the Project Inspector(s), and the Division of the State Architect have
authority to approve and/or stop
work if the Contractor’s Work does not comply with
the requirements of the Contract Documents, Title 24 of the California Code of
Regulations, and all applicable laws. The Contractor shall be liable for any delay
caused by its non-compliant Work.
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 12, Fine Arts & CIS/Math DOCUMENT 00 52 13-3
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11. Assignment of Contract: Neither the Contract, nor any part thereof, nor any
moneys due or to become due thereunder, may be assigned by the Contractor
without the written approval of the District, nor without the written consent of the
Surety on the Contractor's Performance Bond (the “Surety”), unless the Surety has
waived in writing its right to notice of assignment.
12. Classification of Contractor’s License: Contractor hereby acknowledges that it
currently holds valid Type C-2, D-50 Contractor's license(s) issued by the State of
California, Contractor's State Licensing Board, in accordance with division 3, chapter
9, of the Business and Professions Code and in the classification called for in the
Contract Documents.
13. Payment of Prevailing Wages: The Contractor and all Subcontractors under the
Contractor shall pay all workers on all Work performed pursuant to
this Agreement
not less than the general prevailing rate of per diem wages and the general
prevailing rate for holiday and overtime work as determined by the Director of the
Department of Industrial Relations, State of California, for the type of work
performed and the locality in which the work is to be performed within the
boundaries of the District, pursuant to sections 1770 et seq. of the California Labor
Code.
14. [Labor Compliance: If the District has adopted a labor compliance program which
is applicable to the Project or if the Project is subject to State labor compliance
monitored and enforced by the Compliance Monitoring Unit of the Department of
Industrial Relations, Contractor specifically acknowledges and understands that it
shall perform the Work of this Agreement while complying with all the applicable
provisions of the District’s labor compliance program or State labor compliance, if
applicable, including, without limitation, the requirement that the Contractor and all
of its Subcontractors shall timely submit complete and accurate certified payroll
records as required by the Contract Documents, or the District cannot issue
payment.]
15. Contract Price: In consideration of the foregoing covenants, promises, and
agreements on the part of the Contractor, and the strict and literal fulfillment of each
and every covenant, promise, and agreement, and as compensation agreed upon for
the Work and construction, erection, and completion as aforesaid, the District
covenants, promises, and agrees that it will well and truly pay and cause to be paid
to the Contractor in full, and as the full Contract Price and compensation for
construction, erection, and completion of the Work hereinabove agreed to be
performed by the Contractor, the following price:
Eight Hundred Thirty-Eight Thousand Four Hundred Thirty and
00/100 Dollars
($838,430.00)
,
in lawful money of the United States, which sum is to be paid according to the
schedule provided by the Contractor and accepted by the District and subject to
additions and deductions as provided in the Contract. This amount supersedes any
previously stated and/or agreed to amount(s).
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 12, Fine Arts & CIS/Math DOCUMENT 00 52 13-4
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16. Severability: If any term, covenant, condition, or provision in any of the Contract
Documents is held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remainder of the provisions in the Contract Documents shall
remain in full force and effect and shall in no way be affected, impaired, or
invalidated thereby.
IN WITNESS WHEREOF, accepted and agreed on the date indicated above:
CONTRACTOR DISTRICT
SOUTHCOAST ACOUSTICAL INTERIORS, INC. CERRITOS COMMUNITY COLLEGE
DISTRICT
By: By:
Title: President Title: Vice President of Business Services
Print Name: Arthur Ortega Print Name: Dr. David El Fattal
NOTE: If the party executing
this Agreement is a corporation, a certified copy of the by-
laws, or of the resolution of the Board of Directors, authorizing the officers of said
corporation to execute the Contract and the bonds required thereby must be
attached hereto.
END OF DOCUMENT
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 12, Fine Arts & CIS/Math DOCUMENT 00 52 13-5
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Page 1 of 1
Cerritos Community College District
Bid No. 13P032 - Category 12 (Acoustical Treatments and Ceilings)
Project: Fine Arts - CIS/Math Building
Designated Subcontractors Summary
Subcontractor Name
Street Address City State ZIP Portion of Work Bid Amount
The prime contractor will not be using any subcontractors
Southcoast Acoustical Interiors, Inc.
Fontana, CA
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CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 39
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. David El Fattal
Vice President of Business Services/
Assistant Superintendent
PREPARED BY:
Mark B. Logan
Director of Purchasing
SUBJECT: Consideration of Approval of Bid No. 13P032, Fine Arts CIS/Math
Building - Category 19, Electrical/Low Voltage
ACTION
It is recommended that the Board of Trustees authorize and approve Cerritos College to take the following
action:
1. Approve the relief of the bid submitted by Mel Smith Electric, Inc., of Stanton, California pursuant to
Public Contract Code Section 5100-5110, as there was a verified error in the bid;
and
2. Approve the award of contract for Bid No. 13P032, Fine Arts CIS/Math Building Category 19 to
RDM Electric Co., Inc. of Chino, California as the lowest responsive, responsible bidder in the amount
of $5,725,000, which equals the Total Base Bid Amount.
Staff recommends the approval of bid and award of contract to RDM Electric Co., Inc. of Chino, California as
the lowest responsive, responsible bidder. Board approval of the award of contract, if any, would be
contingent upon resolution of any bid protests during the applicable protest time period. Board approval of
award of contract would also be contingent upon the contractor awarded the project providing acceptable
insurance and bonding as required in the Bid and Contract Documents. Furthermore, this project has been
determined to be substantially complex pursuant to Resolution No. 12-04.
FISCAL IMPACT
The amount of the lowest responsive, responsible bid for the Total Base Bid Amount is $5,725,000. Funding
for this project, if award of contract is approved by the Board, will be allocated from the GO Bond. If rejection
of the bid is approved by the Board, funding for the initial advertising of this project and the rebid, will be
allocated from the GO Bond.
REPORT SUMMARY
On July 1, 2014 and July 8, 2014, Cerritos College advertised the release of Bid No. 13P032 for the Fine
Arts CIS/Math Building project. In addition to advertisement in a local area publication, all prequalified
contractors with applicable licenses specific to each bid category on Cerritos College’s prequalification list
were invited to provide a bid for the project. A total of fifty-seven prequalified contractors were contacted for
this bid category alone. The project includes, but is not limited to, construction of the proposed Fine Arts and
CIS/Math Buildings, demolition of the existing utilities at the existing Technology Building and Child
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Development Center, demolition of the existing Fine Arts Building, and various site work and improvements.
This particular bid category scope of work pertains to the electrical/low voltage portion of the project work.
Pursuant to Resolution No. 12-04 as approved by the Board of Trustees on February 15, 2012, this project
was determined to be substantially complex, therefore subject to retention in the amount of ten percent of
the total contract price.
The bid category had a bid due date of August 4, 2014. The project was bid as a multi-prime project, whereby
Cerritos College bid eighteen categories for various elements of the Project work. For Category 19
(Electrical/Low Voltage), a Class B, or Class C-10 license was required. The construction cost estimate for
the project was approximately $5,358,900.
Attendance was mandatory at either one of the two pre-bid conference meeting and job walks scheduled on
July 8, 2014 and July 11, 2014. A combined attendance total of one hundred twenty-three contractors
attended one of the two mandatory pre-bid conference and job walk meetings on July 8, 2014 and July 11,
2014.
Previous to the bid due date, reminders were sent to the eligible contractors, as well as several rounds of
phone calls to identify interest and confirm level of bid commitment from the potential bidders. Three
contractors submitted bids for this category of the multi-prime bid. The bid submitted Mel Smith Electric, Inc.,
of Stanton, California was rescinded by the contractor pursuant to Public Contract Code (PCC) Section 5100-
5110, as there was a verified error in the bid. In accordance with PCC 5103, the bid withdrawal is considered
valid
Recommendation of award of contract is based on the lowest responsive, responsible bidder for the Total
Base Bid Amount as stipulated in the Bid and Contract Documents. A summary of the Bid Opening Results
are attached hereto detailing the responsive bid received.
Upon completion of Cerritos College’s due diligence review, RDM Electric Co., Inc. is the lowest responsive,
responsible bidder for this project work, and acceptance of the bid is in the best interest of Cerritos College.
A summary of the contractor’s designated subcontractors that was submitted with their bid, as required by
Public Contract Code 4100 et seq., is attached.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
Bid Results for Bid No. 13P032, Fine Arts-CIS/Math BuildingCategory 19, Electrical/Low Voltage
Draft Contract Agreement for Bid No. 13P032 Category 19 RDM Electric Co., Inc.
Designated Subcontractors Summary RDM Electric Co., Inc.
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Page 1 of 1
Cerritos Community College District
Bid No. 13P032, Fine Arts - CIS/Math Building, Category 19 (Electrical/Low Voltage)
Bid Opening Results
Bid Due Date: August 4, 2014; 2:00 pm
Mel Smith Electric, Inc.*
Stanton, CA
RDM Electric Co., Inc.
Chino, CA
Neal Electric Corp.
Poway, CA
Base Bid Amount
4,510,000.00$ 5,625,000.00$ 6,236,000.00$
Allowance Amount
100,000.00$ 100,000.00$ 100,000.00$
TOTAL BASE BID AMOUNT
4,610,000.00$ 5,725,000.00$ 6,336,000.00$
Delta from Lowest Bid
1,115,000.00$ 1,726,000.00$
* Bid rescinded pursuant to PCC 5100 et. seq.
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PROJECT: Fine Arts-CIS/Math Building / BID NO.: 13P032
DATE OF CONTRACT: October 2, 2014 / CONTRACT NO.: 13P032-19,
Electrical/Low Voltage
DOLLAR VALUE: $5,725,000.00
LIQUIDATED DAMAGES: $2,500.00 per day
CONTRACTOR: RDM Electric Co., Inc.
TERM: 738 Calendar Days
TIME FOR COMPLETION:
_____________________
RDM Electric Co., Inc.
Address: 13867 Redwood Avenue, Chino, Ca 91710
Phone: 909-591-0990
Fax: 909-591-1599
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 19, Fine Arts & CIS/Math DOCUMENT 00 52 13-1
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AGREEMENT
This Agreement is made and entered into this 2
nd
day of October, 2014, by and between
the Cerritos Community College District (“District”) and RDM Electric Co., Inc.
(“Contractor”) (“Agreement”).
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by
these presents do covenant and agree with each other, as follows:
1. The Work: Contractor agrees to furnish all tools, equipment, apparatus, facilities,
labor, and material necessary to perform and complete in a good and workmanlike
manner, the work of the following project:
PROJECT:
13P032, Fine Arts-CIS/Math Building
Category 19, Electrical/Low Voltage
(“Project)
It is understood and agreed that the Work shall be performed and completed as
required in the Contract Documents including, without limitation, the Drawings and
Specifications, under the direction and supervision of, and subject to, the approval of
the District or its authorized representative.
2. The Contract Documents: The complete Agreement consists of all Contract
Documents as defined in the General Conditions and incorporated herein by this
reference. Any and all obligations of the District and Contractor are fully set forth
and described in the Contract Documents. All Contract Documents are intended to
cooperate so that any Work called for in one and not mentioned in the other or vice
versa is to be executed the same as if mentioned in all Contract Documents.
3. Interpretation of Contract Documents: Should any question arise concerning
the intent or meaning of Contract Documents, including the Drawings or
Specifications, the question shall be submitted to the District for interpretation. If a
conflict exists in the Contract Documents, modifications, beginning with the most
recent, shall control over this Agreement (if any), which shall control over the
Special Conditions, which shall control over any Supplemental Conditions, which shall
control over the General Conditions, which shall control over the remaining Division 0
documents, which shall control over Division 1 Documents which shall control over
Division 2 through Division 33 documents, which shall control over figured
dimensions, which shall control over large-scale drawings, which shall control over
small-scale drawings. In no case shall a document calling for lower quality and/or
quantity material or workmanship control. The decision of the District in the matter
shall be final.
4. Time for Completion: It is hereby understood and agreed that the Work under this
Project shall be completed within SEVEN HUNDRED THIRTY-EIGHT (738)
consecutive calendar days (“Contract Time”) from the date specified in the
District's Notice to Proceed.
5. Coordination of Work: Should the Contractor fail to complete this Project, and the
Work provided herein, within the time fixed for completion, due allowance being
made for the contingencies provided for herein, the Contractor shall become liable to
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 19, Fine Arts & CIS/Math DOCUMENT 00 52 13-2
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the District for all loss and damage that the District may suffer on account thereof.
The Contractor shall coordinate its Work with the work of all other contractors. The
District shall not be liable for delays resulting from Contractor's failure to coordinate
its Work with other contractors in a manner that will allow timely completion of
Contractor's Work. Contractor shall be liable for delays to other contractors caused
by Contractor's failure to coordinate its Work with the work of other contractors.
6. Liquidated Damages: Time is of the essence for all Work under this Agreement.
It is hereby understood and agreed that it is and will be difficult and/or impossible to
ascertain and determine the actual damage that the District will sustain in the event
of and by reason of Contractor's delay; therefore, Contractor agrees that it shall pay
to the District the sum of TWO THOUSAND FIVE HUNDRED AND 00/100
DOLLARS ($2,500.00) per day as liquidated damages for each and every day's
delay beyond the time herein prescribed in finishing the Work. It is hereby
understood and agreed that this amount is not a penalty.
In the event any portion of the liquidated damages are not paid to the District, the
District may deduct that amount from any money due or that may become due the
Contractor under this Agreement. The District's right to assess liquidated damages
is as indicated herein and in the General Conditions.
The time during which the Contract is delayed for cause as hereinafter specified may
extend the time of completion for a reasonable time as the District may grant. This
provision does not exclude the recovery of damages for delay by either party under
other provisions in the Contract Documents.
7. Loss Or Damage: The District and its authorized representatives shall not in any
way or manner be answerable or suffer loss, damage, expense, or liability for any
loss or damage that may happen to the Work, or any part thereof, or in or about the
same during its construction and before acceptance, and the Contractor shall assume
all liabilities of every kind or nature arising from the Work, either by accident,
negligence, theft, vandalism, or any cause whatever; and shall hold the District and
its authorized representatives harmless from all liability of every kind and nature
arising from accident, negligence, or any cause whatever.
8. Insurance and Bonds: Contractor shall provide all required certificates of
insurance, and payment and performance bonds as evidence thereof.
9. Execution of Work: If the Contractor should neglect to execute the Work properly
or fail to perform any provisions of this Agreement, the District, may, pursuant to
the General Conditions and without prejudice to any other remedy it may have,
make good such deficiencies and may deduct the cost thereof from the payment
then or thereafter due the Contractor.
10. District Representatives: Contractor hereby acknowledges that the Architect(s),
District’s Agent, the Project Inspector(s), and the Division of the State Architect have
authority to approve and/or stop
work if the Contractor’s Work does not comply with
the requirements of the Contract Documents, Title 24 of the California Code of
Regulations, and all applicable laws. The Contractor shall be liable for any delay
caused by its non-compliant Work.
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 19, Fine Arts & CIS/Math DOCUMENT 00 52 13-3
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11. Assignment of Contract: Neither the Contract, nor any part thereof, nor any
moneys due or to become due thereunder, may be assigned by the Contractor
without the written approval of the District, nor without the written consent of the
Surety on the Contractor's Performance Bond (the “Surety”), unless the Surety has
waived in writing its right to notice of assignment.
12. Classification of Contractor’s License: Contractor hereby acknowledges that it
currently holds valid Type C-10 Contractor's license(s) issued by the State of
California, Contractor's State Licensing Board, in accordance with division 3, chapter
9, of the Business and Professions Code and in the classification called for in the
Contract Documents.
13. Payment of Prevailing Wages: The Contractor and all Subcontractors under the
Contractor shall pay all workers on all Work performed pursuant to
this Agreement
not less than the general prevailing rate of per diem wages and the general
prevailing rate for holiday and overtime work as determined by the Director of the
Department of Industrial Relations, State of California, for the type of work
performed and the locality in which the work is to be performed within the
boundaries of the District, pursuant to sections 1770 et seq. of the California Labor
Code.
14. [Labor Compliance: If the District has adopted a labor compliance program which
is applicable to the Project or if the Project is subject to State labor compliance
monitored and enforced by the Compliance Monitoring Unit of the Department of
Industrial Relations, Contractor specifically acknowledges and understands that it
shall perform the Work of this Agreement while complying with all the applicable
provisions of the District’s labor compliance program or State labor compliance, if
applicable, including, without limitation, the requirement that the Contractor and all
of its Subcontractors shall timely submit complete and accurate certified payroll
records as required by the Contract Documents, or the District cannot issue
payment.]
15. Contract Price: In consideration of the foregoing covenants, promises, and
agreements on the part of the Contractor, and the strict and literal fulfillment of each
and every covenant, promise, and agreement, and as compensation agreed upon for
the Work and construction, erection, and completion as aforesaid, the District
covenants, promises, and agrees that it will well and truly pay and cause to be paid
to the Contractor in full, and as the full Contract Price and compensation for
construction, erection, and completion of the Work hereinabove agreed to be
performed by the Contractor, the following price:
Five Million Seven Hundred Twenty-Five Thousand and 00/100
Dollars
($5,725,000.00)
,
in lawful money of the United States, which sum is to be paid according to the
schedule provided by the Contractor and accepted by the District and subject to
additions and deductions as provided in the Contract. This amount supersedes any
previously stated and/or agreed to amount(s).
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 19, Fine Arts & CIS/Math DOCUMENT 00 52 13-4
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16. Severability: If any term, covenant, condition, or provision in any of the Contract
Documents is held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remainder of the provisions in the Contract Documents shall
remain in full force and effect and shall in no way be affected, impaired, or
invalidated thereby.
IN WITNESS WHEREOF, accepted and agreed on the date indicated above:
CONTRACTOR DISTRICT
RDM ELECTRIC CO., INC. CERRITOS COMMUNITY COLLEGE
DISTRICT
By: By:
Title: President Title: Vice President of Business Services
Print Name: Robert McDonnell Print Name: Dr. David El Fattal
NOTE: If the party executing
this Agreement is a corporation, a certified copy of the by-
laws, or of the resolution of the Board of Directors, authorizing the officers of said
corporation to execute the Contract and the bonds required thereby must be
attached hereto.
END OF DOCUMENT
CERRITOS COMMUNITY COLLEGE DISTRICT AGREEMENT
Bid # 13P032, Cat. 19, Fine Arts & CIS/Math DOCUMENT 00 52 13-5
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Page 1 of 1
Cerritos Community College District
Bid No. 13P032 - Category 19 (Electrical/Low Voltage)
Project: Fine Arts - CIS/Math Building
Designated Subcontractors Summary
Subcontractor Name
Street Address City State ZIP Portion of Work Bid Amount
Simplex-Grinnell LP 12728 Shoemaker Ave Santa Fe Springs CA 90670 Fire Alarm/Mass Notification 440,235.00$
AVDB Group CA, Inc. 11155 Knott Ave Cypress CA 90630 Screens, Prejection Mounts, ASD 217,067.32$
RDM Electric Co., Inc.
Chino, CA
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CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 40
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. David El Fattal
Vice President of Business Services/
Assistant Superintendent
PREPARED BY:
Mark B. Logan
Director of Purchasing
SUBJECT: Consideration of Rejection of All Bids for Bid No. 13P032, Fine Arts
CIS/Math Building - Category 05, Structural Steel and Miscellaneous
Metals
ACTION
It is recommended that the Board of Trustees authorize and approve Cerritos College to reject all bids
pursuant to the bid and contract documents and per Public Contract Code due to changes in certification
standards and other reasons as noted below.
FISCAL IMPACT
Funding for the initial advertising of this project, and the rebid, will be allocated from the GO Bond.
REPORT SUMMARY
On July 1, 2014 and July 8, 2014, Cerritos College advertised the release of Bid No. 13P032 for the Fine
Arts CIS/Math Building project. In addition to advertisement in a local area publication, all prequalified
contractors with applicable licenses specific to each bid category on Cerritos College’s prequalification list
were invited to provide a bid for the project. A total of forty-six prequalified contractors were contacted for
this bid category alone. The project includes, but is not limited to, construction of the proposed Fine Arts and
CIS/Math Buildings, demolition of the existing utilities at the existing Technology Building and Child
Development Center, demolition of the existing Fine Arts Building, and various site work and improvements.
This particular bid category scope of work pertains to the structural steel and miscellaneous metals portion
of the project work.
The bid category had a bid due date of August 4, 2014. The project was bid as a multi-prime project, whereby
Cerritos College bid eighteen categories for various elements of the Project work. For Category 05 (Structural
Steel and Miscellaneous Metals), a Class B, or Class C-51 license was required. The construction cost
estimate for the project was approximately $3,934,200.00.
Attendance at either one of the two pre-bid conference meeting and job walks scheduled on July 8, 2014
and July 11, 2014 was mandatory. A combined attendance total of one hundred twenty-three contractors
attended one of the two mandatory pre-bid conference and job walk meetings on July 8, 2014 and July 11,
2014.
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Previous to the bid due date, reminders were sent to the eligible contractors, as well as several rounds of
phone calls to identify interest and confirm level of bid commitment from the potential bidders. Three
contractors submitted bids for this category of the multi-prime bid.
Upon completion of Cerritos College’s due diligence review of the bids received, it was determined that two
bids received did not meet the American Institute for Steel Construction (AISC) certification specifications as
required in the bid and contract documents; these certifications include the Advanced Certified Steel Erector
(ACSE) Certification and the STD Shop Certification. Additionally, there were potential bid irregularities in
the other bid received. Furthermore, staff later found that the AISC certifications required for this project work
changed as of August 1, 2014. Staff recommends that all bids be rejected pursuant to the bid and contract
documents with the intent to evaluate the required specifications, incorporate and adopt any newly changed
certifications if appropriate, and re-bid Category 05 of the Fine Arts-CIS/Math Building project.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
Bid Results for Bid No. 13P032, Fine Arts-CIS/Math Building Category 05, Structural Steel and
Miscellaneous Metals
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Cerritos Community College District
Bid No. 13P032, Fine Arts - CIS/Math Building
Category 05 (Structural Steel and Miscellaneous Metals)
Bid Opening Results
Bid Due Date: August 4, 2014; 2:00 pm
Anderson Charnesky
Structural Steel, Inc.*
Beaumont, CA
Junior Steel Co.**
Gardena, CA
Columbia Steel, Inc.*
Rialto, CA
Base Bid Amount
4,869,000.00$ 5,276,835.00$ 5,290,000.00$
Allowance Amount
80,000.00$ 80,000.00$ 80,000.00$
TOTAL BASE BID AMOUNT 4,949,000.00$ 5,356,835.00$ 5,370,000.00$
Delta from Lowest Bid 407,835.00$ 421,000.00$
BID ALTERNATES (Recommended)
Alternate A1 -- Deductive Cost to Omit Providing All AESS Requirements (6,000.00)$ (63,000.00)$ (13,000.00)$
TOTAL BASE BID AMOUNT LESS DEDUCTIVE ALTERNATES 4,943,000.00$ 5,293,835.00$ 5,357,000.00$
* Bid determined to be non-responsive.
** Potential bid irregularities
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CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 41
FROM:
Dr. Linda L. Lacy
President/Superintendent
REVIEWED BY:
Dr. David El Fattal
Vice President of Business Services/
Assistant Superintendent
SUBJECT: Consideration of Approval of Resolution #14-17 Authorizing the Issuance
of Cerritos Community College District (Los Angeles County, California)
Election of 2012 General Obligation Bonds, Series 2014A, and Actions
Related Thereto
ACTION
It is recommended that the Board of Trustees approve Resolution #14-17 Authorizing the Issuance of Cerritos
Community College District (Los Angeles County, California) Election of 2012 General Obligation Bonds,
Series 2014A, and Actions Related Thereto.
FISCAL IMPACT
There is no fiscal impact to the General Fund resulting from the issuance of the Bonds.
REPORT SUMMARY
An election was held in the Cerritos Community College District on November 6, 2012 for the issuance and
sale of general obligation bonds (“Bonds”) of the District for various purposes in the maximum amount of
$350,000,000 (the “Measure G”). The District now desires to issue its first series of Bonds under Measure
G in an amount not-to-exceed $100,000,000.
(a) Bond Resolution
. This Resolution authorizes the issuance of Bonds, specifies the basic terms,
parameters and forms of the Bonds, and approves the form of Purchase Contract, Preliminary Official
Statement, and Continuing Disclosure Certificate described below. In particular, Section 1 of the Resolution
establishes the maximum aggregate principal amount of the Bonds to be issued ($100,000,000). Section 4
of the Resolution states the maximum underwriting discount (0.4%) with respect to the Bonds, the maximum
legal interest rate on the Bonds, and authorizes the Bonds to be sold at a negotiated sale to Wells Fargo
Bank, N.A., J.P. Morgan Securities Inc., and RBC Capital Markets LLC (collectively, the “Underwriters”). The
resolution only approves the issuance of the Bonds as Current Interest Bonds. Capital Appreciation Bonds
are not authorized.
(b) Form of Purchase Contract. Pursuant to the Purchase Contract, the Underwriters will agree to buy
the Bonds from the District. All the conditions of closing the transaction are set forth in this document,
including the documentation to be provided at the closing by various parties. Upon the pricing of the Bonds,
the final execution copy of the Purchase Contract will be prepared following this form.
(c) Form of Preliminary Official Statement. The Preliminary Official Statement (“POS”) is the offering
document describing the Bonds which may be distributed to prospective purchasers of the Bonds. The POS
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discloses information with respect to among other things (i) the proposed uses of proceeds of the Bonds, (ii)
the terms of the Bonds (interest rate, redemption terms, etc.), (iii) the bond insurance policy for the Bonds, if
any, (iv) the security for repayment of the Bonds (the ad valorem property tax levy), (v) information with
respect to the District’s tax base (upon which such ad valorem property taxes may be levied), (vi) District
financial and operating data, (vii) continuing disclosure with respect to the Bonds and the District, and (viii)
absence of litigation and other miscellaneous matters expected to be of interest to prospective purchasers
of the Bonds. Following the pricing of the Bonds, an Official Statement for the Bonds will be prepared,
substantially in the form of the POS.
(d) Form of the Continuing Disclosure Certificate
. The form of the Continuing Disclosure Certificate can
be found in APPENDIX C to the POS. Effective July 3, 1995, all underwriters of municipal bonds are
obligated to procure from a bond issuer a covenant that such public agency will annually file “material
financial information and operating data with respect to the District” through the web-based Electronic
Municipal Market Access (“EMMA”) system maintained by the Municipal Securities Rulemaking Board (which
is the federal agency that regulates “broker-dealers,” including investment bank firms that underwrite
municipal obligation issuances). This requirement is expected to be satisfied by the filing of the District’s
audited financial statements and other operating information about the District, in the same manner the
District has filed in connection with prior bond issuances. The purpose of the law is to provide investors in
the Bonds with current information regarding the District.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
Resolution #14-17 A Resolution of the Board of Trustees of the Cerritos Community College District, Los
Angeles County, California, Authorizing the Issuance of Cerritos Community College District (Los Angeles
County, California) Election of 2012 General Obligation Bonds, Series 2014A, and Actions Related Thereto
Purchase Contract
Preliminary Official Statement
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RESOLUTION NO. 14-17
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE CERRITOS
COMMUNITY COLLEGE DISTRICT, LOS ANGELES COUNTY,
CALIFORNIA, AUTHORIZING THE ISSUANCE OF CERRITOS
COMMUNITY COLLEGE DISTRICT (LOS ANGELES COUNTY,
CALIFORNIA) ELECTION OF 2012 GENERAL OBLIGATION BONDS,
SERIES 2014A, AND ACTIONS RELATED THERETO
WHEREAS, a duly called election was held in the Cerritos Community College District (the
“District”), Los Angeles County (the “County”), State of California, on November 6, 2012 (the
“Election”) and thereafter canvassed pursuant to law;
WHEREAS, at the Election there was submitted to and approved by the requisite fifty-five
percent or more vote of the qualified electors of the District a question as to the issuance and sale of
general obligation bonds of the District for the various purposes set forth in the ballot submitted to the
voters, in the maximum amount not-to-exceed $350,000,000, payable from the levy of an ad valorem
property tax against the taxable property in the District (the “Authorization”);
WHEREAS, at this time this Board of Trustees (the “Board”) has determined that it is
necessary and desirable to issue the first series of bonds under the Authorization in an aggregate
principal amount not-to-exceed $100,000,000, and to be styled as “Cerritos Community College
District (Los Angeles County, California) Election of 2012 General Obligation Bonds, Series 2014A
(the “Bonds”);
WHEREAS, pursuant to Article 4.5 of Chapter 3 of Part 1 of Division 2 of Title 5 of the
Government Code of the State of California (the “Government Code”), the Bonds are authorized to be
issued by the District for purposes set forth in the ballot submitted to the voters at the Election;
WHEREAS, this Board desires to authorize the issuance of the Bonds in one or more Series of
Taxable or Tax-Exempt Current Interest Bonds (as such terms are defined herein);
WHEREAS, this Board desires to appoint certain professionals to provide services related to
the issuance of the Bonds;
WHEREAS, all acts, conditions and things required by law to be done or performed have been
done and performed in strict conformity with the laws authorizing the issuance of general obligation
bonds of the District, and the indebtedness of the District, including this proposed issue of Bonds, is
within all limits prescribed by law; and
NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED BY THE
BOARD OF TRUSTEES OF THE CERRITOS COMMUNITY COLLEGE DISTRICT, LOS
ANGELES COUNTY, CALIFORNIA, AS FOLLOWS:
SECTION 1. Authorization for Issuance of the Bonds. To raise money for the purposes
authorized by the voters of the District at the Election, and to pay all necessary legal, financial,
engineering and contingent costs in connection therewith, the Board hereby authorizes the issuance of
the Bonds pursuant to Article 4.5 of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government
1
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Code in one or more Series of Taxable or Tax-Exempt Bonds Current Interest Bonds, with appropriate
series designation if more than one Series is issued, all as more fully set forth in the executed Purchase
Contract (as defined herein). The Board further orders such Bonds sold such that the Bonds shall be
dated as of a date to be determined by an Authorized Officer (defined herein), shall be payable upon
such terms and provisions as shall be set forth in the Bonds, and shall be in an aggregate principal
amount not-to-exceed $100,000,000.
SECTION 2. Paying Agent. This Board hereby appoints the Paying Agent, as defined
herein, to serve as the paying agent, bond registrar, transfer agent and authentication agent for the
Bonds on behalf of the District. This Board hereby approves the payment of the reasonable fees and
expenses of the Paying Agent as they shall become due and payable. The fees and expenses of the
Paying Agent which are not paid as a cost of issuance of the Bonds may be paid in each year from ad
valorem property taxes levied and collected for the payment thereof, insofar as permitted by law,
including specifically by Section 15232 of the Education Code.
SECTION 3. Terms and Conditions of Sale. The Bonds shall be sold upon the direction
of the President/Superintendent or the Assistant Superintendent/Vice President of Business Services of
the District, or such other officers or employees of the District as the President/Superintendent or the
Assistant Superintendent/Vice President of Business Services may designate (collectively, the
“Authorized Officers”), and pursuant to such terms and conditions set forth in the Purchase Contract
(defined herein). The Board hereby authorizes the sale of the Bonds at a negotiated sale, which is
determined to provide more flexibility in the timing of the sale, an ability to implement the sale in a
shorter time period, an increased ability to structure the Bonds to fit the needs of particular purchasers,
and a greater opportunity for the Underwriters (as defined herein) to pre-market the Bonds to potential
purchasers prior to the sale, all of which will contribute to the District’s goal of achieving the lowest
overall cost of funds.
SECTION 4. Approval of Purchase Contract. The form of a contract for the purchase
and sale of the Bonds (the “Purchase Contract”) by and between the District and the Underwriters,
substantially in the form on file with the Secretary to the Board, is hereby approved and the Authorized
Officers, each alone, are hereby authorized and requested to execute such Purchase Contract; provided,
however, (i) that the interest rates on the Bonds shall not exceed the maximum rate permitted by law;
and (ii) the underwriting discount on the Bonds, excluding original issue discount, shall not exceed
0.4% of the aggregate principal amount of Bonds actually issued. The Authorized Officers, each alone,
are further authorized to determine the principal amount of the Bonds to be specified in the Purchase
Contract for sale by the District up to $100,000,000 and to enter into and execute the Purchase Contract
with the Underwriters, if the conditions set forth in this Resolution are satisfied. The Board estimates
that the costs associated with the issuance of the Bonds, including compensation to the Underwriters,
will equal approximately 1.0% of the principal amount of the Bonds.
SECTION 5. Certain Definitions. As used in this Resolution, the terms set forth below
shall have the meanings ascribed to them (unless otherwise set forth in the Purchase Contract):
(a) “Beneficial Owner” means, when used with reference to book-entry Bonds
registered pursuant to Section 6 hereof, the person who is considered the beneficial owner of
such Bonds pursuant to the arrangements for book entry determination of ownership applicable
to the Depository.
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(b) “Bond Insurer” means any insurance company which issues a municipal bond
insurance policy insuring the payment of Principal of and interest on the Bonds.
(c) “Bond Payment Date” means, unless otherwise provided by the Purchase
Contract, February 1 and August 1 of each year commencing on February 1, 2015 with respect
to interest on the Bonds, and the stated maturity dates of Bonds with respect to payments of
Principal of the Bonds.
(d) “Bond Register” means the registration books which the Paying Agent shall
keep or cause to be kept on which the registered ownership, transfer and exchange of Bonds
shall be recorded.
(e) “Code” means the Internal Revenue Code of 1986, as amended. Reference to
any particular section of the Code shall be deemed to be a reference to any successor to any
such section.
(f) Continuing Disclosure Certificate” means that certain contractual
undertaking of the District pursuant to paragraph (b)(5) of Rule 15c2-12 adopted by the
Securities and Exchange Commission under the Securities Exchange Act of 1934, and relating
to the Bonds, dated as of the date of issuance thereof, as amended from time to time in
accordance with the provisions thereof.
(g) “Current Interest Bonds” means bonds, the interest on which is payable
semiannually on each Bond Payment Date specified for each such Bond as designated and
maturing in the years and in the amounts set forth in the Purchase Contract.
(h) “Dated Date” means the date of initial issuance and delivery of the Bonds, or
such other date as shall appear in the Purchase Contract or Official Statement.
(i) “Depository” means the entity acting as securities depository for the Bonds
pursuant to Section 6(c) hereof.
(j) “DTC” means The Depository Trust Company, 55 Water Street, New York,
New York, 10041, a limited purpose trust company organized under the laws of the State of
New York, in its capacity as the initial Depository for the Bonds.
(k) “Fair Market Value” means the price at which a willing buyer would
purchase the investment from a willing seller in a bona fide, arm's length transaction
(determined as of the date the contract to purchase or sell the investment becomes binding) if
the investment is traded on an established securities market (within the meaning of section
1273 of the Code) and, otherwise, the term “Fair Market Value” means the acquisition price in
a bona fide arm's length transaction (as referenced above) if (i) the investment is a certificate of
deposit that is acquired in accordance with applicable regulations under the Code, (ii) the
investment is an agreement with specifically negotiated withdrawal or reinvestment provisions
and a specifically negotiated interest rate (for example, a guaranteed investment contract, a
forward supply contract or other investment agreement) that is acquired in accordance with
applicable regulations under the Code, (iii) the investment is a United States Treasury
SecurityState and Local Government Series that is acquired in accordance with applicable
regulations of the United States Bureau of Public Debt, or (iv) any commingled investment
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fund in which the District and related parties do not own more than a ten percent (10%)
beneficial interest therein if the return paid by the fund is without regard to the source of the
investment
.
(l) “Holder” or “Owner” means the registered owner of a Bond as set forth on
the Bond Register maintained by the Paying Agent pursuant to Section 6 hereof.
(m) “Information Services” means Financial Information, Inc.’s Financial Daily
Called Bond Service; Mergent, Inc.’s Called Bond Department; or Standard & Poor’s J.J.
Kenny Information Services’ Called Bond Service.
(n) Long Current Interest Bonds” means Current Interest Bonds with maturities
greater than 30 years, but not greater than 40 years.
(o) “Moody’s” means Moody’s Investors Service, a corporation organized and
existing under the laws of the State of Delaware, its successors and assigns, or, if such
corporation shall be dissolved or liquidated or shall no longer perform the functions of a
securities rating agency, such other nationally recognized securities rating agency designated
by the District.
(p) “Nominee” means the nominee of the Depository, which may be the
Depository, as determined from time to time pursuant to Section 6(c) hereof.
(q) “Non-AMT Bonds” means obligations the interest on which is excludable
from gross income for federal income tax purposes under Section 103(a) of the Code and not
treated as an item of tax preference under Section 57(a)(5)(C) of the Code, that are legal
investments pursuant to Section 53601 of the Government Code of the State of California.
(r) “Official Statement” means the Official Statement for the Bonds, as described
in Section 17 hereof.
(s) “Outstanding” means, when used with reference to the Bonds, as of any date,
Bonds theretofore issued or thereupon being issued under this Resolution except:
(i) Bonds canceled at or prior to such date;
(ii) Bonds in lieu of or in substitution for which other Bonds shall have
been delivered pursuant to Section 8 hereof; or
(iii) Bonds for the payment or redemption of which funds or Government
Obligations in the necessary amount shall have been set aside (whether on or prior to
the maturity or redemption date of such Bonds), in accordance with Section 19 of this
Resolution.
(t) “Participants” means those broker-dealers, banks and other financial
institutions from time to time for which the Depository holds book-entry certificates as
securities depository.
(u) “Paying Agent” means initially the Treasurer, or such other Paying Agent as
shall be named in the Purchase Contract or Official Statement, and afterwards any successor
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financial institution. The Treasurer is authorized to contract with a third party to perform the
services of Paying Agent, hereunder.
(v) “Permitted Investments” means (i) any lawful investments permitted by
Section 16429.1 and Section 53601 of the Government Code, including Non-AMT Bonds and
Qualified Non-AMT Mutual Funds, (ii) shares in a California common law trust established
pursuant to Title 1, Division 7, Chapter 5 of the Government Code which invests exclusively in
investments permitted by Section 53635 of the Government Code, but without regard to any
limitations in such Section concerning the percentage of moneys available for investment being
invested in a particular type of security, (iii) a guaranteed investment contract with a provider
having a rating meeting the minimum rating requirements of the County investment pool
maintained by the Treasurer, (iv) the Local Agency Investments Fund of the California State
Treasurer, (v) the County investment pool described above, and (vi) State and Local
Government Series Securities.
(w) “Principal” or “Principal Amount” means, with respect to any Bond, the
initial principal amount thereof.
(x) “Qualified Non-AMT Mutual Fund” means stock in a regulated investment
company to the extent that at least 95% of the income of such regulated investment company is
interest that is excludable from gross income under Section 103 of the Code and not an item of
tax preference under Section 57(a)(5)(C) of the Code.
(y) Qualified Permitted Investments” means (i) Non-AMT Bonds, (ii)
Qualified Non-AMT Mutual Funds, (iii) other Permitted Investments authorized by an opinion
of Bond Counsel to the effect that such investment would not adversely affect the tax-exempt
status of the Bonds, and (iv) Permitted Investments of proceeds of the Bonds, and interest
earned on such proceeds, held not more than thirty days pending reinvestment or Bond
redemption. A guaranteed investment contract or similar investment agreement (e.g. a forward
supply contract, GIC, repo, etc.) does not constitute a Qualified Permitted Investment.
(z) “Record Date” means the close of business on the 15th day of the month
preceding each Bond Payment Date.
(aa) “Series” means any Bonds executed, authenticated and delivered pursuant to
the provisions hereof identified as a separate series of Bonds.
(bb) “S&P” means Standard & Poor’s Ratings Services, a Standard & Poor’s
Financial Services LLC business, its successors and assigns, or, if such corporation shall be
dissolved or liquidated or shall no longer perform the functions of a securities rating agency,
such other nationally recognized securities rating agency designated by the District.
(cc) “Taxable Bonds” means any Bonds not issued as Tax-Exempt Bonds.
(dd) “Tax-Exempt Bonds” means any Bonds the interest on which is excludable
from gross income for federal income tax purposes and is not treated as an item of tax
preference for purposes of calculating the federal alternative minimum tax, as further described
in an opinion of Bond Counsel supplied to the original purchasers of such Bonds.
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(ee) “Term Bonds” means those Bonds for which mandatory redemption dates
have been established in the Purchase Contract.
(ff) “Transfer Amount” means, with respect to any Outstanding Bond, the
Principal Amount.
(gg) “Treasurer” means the Treasurer and Tax Collector of the County, or other
comparable officer of the County.
(hh) “Underwriters means, collectively, Wells Fargo Bank, N.A., J.P. Morgan
Securities LLC, and RBC Capital Markets LLC as underwriters of the Bonds.
SECTION 6. Terms of the Bonds.
(a) Denomination, Interest, Dated Dates and Terms. The Bonds shall be issued as fully
registered Current Interest Bonds registered as to both Principal and interest, in denominations of
$5,000 Principal Amount or any integral multiple thereof. The Bonds will initially be registered in the
name of “Cede & Co.,” the Nominee of the Depository Trust Company, New York, New York.
Each Bond shall be dated as of the Dated Date, and shall bear interest at the rates set forth in
the Purchase Contract, from the Bond Payment Date next preceding the date of authentication thereof
unless it is authenticated during the period from the 16
th
day of the month next preceding any Bond
Payment Date to that Bond Payment Date, inclusive, in which event it shall bear interest from such
Bond Payment Date, or unless it is authenticated on or before the first Record Date, in which event it
shall bear interest from its Dated Date. Interest shall be payable on the respective Bond Payment Dates
and shall be calculated on the basis of a 360-day year of 12, 30-day months.
Notwithstanding any other provision herein, the ratio of total debt service to Principal for each
Series of Bonds shall not exceed four-to-one.
(b) Redemption
.
(i) Terms of Redemption. The Bonds shall be subject to optional or mandatory
sinking fund redemption prior to maturity as provided in the Purchase Contract or the Official
Statement.
(ii) Selection of Bonds for Redemption. Whenever provision is made in this
Resolution for the optional redemption of Bonds and less than all Outstanding Bonds are to be
redeemed, the Paying Agent, upon written instruction from the District, shall select Bonds for
redemption as so directed and if not directed, in inverse order of maturity. Within a maturity, the
Paying Agent shall select Bonds for redemption by lot. Redemption by lot shall be in such manner as
the Paying Agent shall determine;
provided, however, that the portion of any Bond to be redeemed in
part shall be in the Principal Amount of $5,000 or any integral multiple thereof.
The Purchase Contract may provide that (i) in the event that any portion of Term Bonds
are optionally redeemed prior to maturity, the remaining mandatory sinking fund payments with respect
to such Term Bonds shall be reduced proportionately, in integral multiples of $5,000 principal amount,
in respect of the portion of such Term Bonds optionally redeemed, and (ii) within a maturity, Bonds
shall be selected for redemption on a “Pro Rata Pass-Through Distribution of Principal” basis in
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accordance with DTC procedures, provided further that, such redemption is made in accordance with
the operational arrangements of DTC then in effect.
(iii) Redemption Notice
. When redemption is authorized or required pursuant to
Section 6(b) hereof, the Paying Agent, upon written instruction from the District, shall give notice (a
“Redemption Notice”) of the redemption of the Bonds. Such Redemption Notice shall specify: the
Bonds or designated portions thereof (in the case of redemption of the Bonds in part but not in whole)
which are to be redeemed, the date of redemption, the place or places where the redemption will be
made, including the name and address of the Paying Agent, the redemption price, the CUSIP numbers
(if any) assigned to the Bonds to be redeemed, the Bond numbers of the Bonds to be redeemed in
whole or in part and, in the case of any Bond to be redeemed in part only, the portion of the Principal
Amount of such Bond to be redeemed, and the original issue date, interest rate or Accretion Rate and
stated maturity date of each Bond to be redeemed in whole or in part. Such Redemption Notice shall
further state that on the specified date there shall become due and payable upon each Bond or portion
thereof being redeemed at the redemption price thereof, together with the interest accrued to the
redemption date, and that from and after such date, interest thereon shall cease to accrue.
The Paying Agent shall take the following actions with respect to each such Redemption
Notice:
(a) At least 20 but not more than 45 days prior to the redemption date, such
Redemption Notice shall be given to the respective Owners of Bonds designated for
redemption by registered or certified mail, postage prepaid, at their addresses appearing on the
Bond Register.
(b) At least 20 but not more than 45 days prior to the redemption date, such
Redemption Notice shall be given by (i) registered or certified mail, postage prepaid, (ii)
telephonically confirmed facsimile transmission, or (iii) overnight delivery service, to the
Securities Depository.
(c) At least 20 but not more than 45 days prior to the redemption date, such
Redemption Notice shall be given by (i) registered or certified mail, postage prepaid, or (ii)
overnight delivery service, to one of the Information Services.
(d) To such other persons as may be required pursuant to the Continuing
Disclosure Certificate.
A certificate of the Paying Agent or the District that a Redemption Notice has been given as
provided herein shall be conclusive as against all parties. Neither failure to receive any Redemption
Notice nor any defect in any such Redemption Notice so given shall affect the sufficiency of the
proceedings for the redemption of the affected Bonds. Each check issued or other transfer of funds
made by the Paying Agent for the purpose of redeeming Bonds shall bear or include the CUSIP number
identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other
transfer. The Redemption Notice may state that no representation is made as to the accuracy or
correctness of CUSIP numbers printed thereon.
With respect to any notice of optional redemption of Bonds (or portions thereof) pursuant to
Section 6(b)(i) hereof, unless upon the giving of such notice such Bonds or portions thereof shall be
deemed to have been defeased pursuant to Section 19 hereof, such notice shall state that such
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redemption shall be conditional upon the receipt by an independent escrow agent selected by the
District on or prior to the date fixed for such redemption of the moneys necessary and sufficient to pay
the Principal of, and premium, if any, and interest on, such Bonds (or portions thereof) to be redeemed,
and that if such moneys shall not have been so received said notice shall be of no force and effect, no
portion of the Bonds shall be subject to redemption on such date and such Bonds shall not be required
to be redeemed on such date. In the event that such Redemption Notice contains such a condition and
such moneys are not so received, the redemption shall not be made and the Paying Agent shall within a
reasonable time thereafter (but in no event later than the date originally set for redemption) give notice
to the persons to whom and in the manner in which the Redemption Notice was given that such moneys
were not so received. In addition, the District shall have the right to rescind any Redemption Notice,
by written notice to the Paying Agent, on or prior to the date fixed for such redemption. The Paying
Agent shall distribute a notice of the rescission of such notice in the same manner as such notice was
originally provided.
(iv) Partial Redemption of Bonds
. Upon the surrender of any Bond redeemed in
part only, the Paying Agent shall execute and deliver to the Owner thereof a new Bond or Bonds of like
tenor and maturity and of authorized denominations equal in Transfer Amounts to the unredeemed
portion of the Bond surrendered. Such partial redemption shall be valid upon payment of the amount
required to be paid to such Owner, and the District shall be released and discharged thereupon from all
liability to the extent of such payment.
(v) Effect of Redemption Notice. Notice having been given as aforesaid, and the
moneys for the redemption (including the interest to the applicable date of redemption) having been set
aside as provided in Section 19 hereof, the Bonds to be redeemed shall become due and payable on
such date of redemption.
If on such redemption date, money for the redemption of all the Bonds to be redeemed as
provided in Section 6(b) hereof, together with interest accrued to such redemption date, shall be held in
trust as provided in Section 19 hereof, as to be available therefor on such redemption date, and if a
Redemption Notice thereof shall have been given as aforesaid, then from and after such redemption
date, interest with respect to the Bonds to be redeemed shall cease to accrue and become payable. All
money held for the redemption of Bonds shall be held in trust for the account of the Owners of the
Bonds to be so redeemed.
(vi) Bonds No Longer Outstanding
. When any Bonds (or portions thereof), which
have been duly called for redemption prior to maturity under the provisions of this Resolution, or with
respect to which instructions to call for redemption prior to maturity at the earliest redemption date
have been given to the Paying Agent, in form satisfactory to it, and sufficient moneys shall be held
irrevocably in trust for the payment of the redemption price of such Bonds or portions thereof, and
accrued interest with respect thereto to the date fixed for redemption, all as provided in this Resolution,
then such Bonds shall no longer be deemed Outstanding and shall be surrendered to the Paying Agent
for cancellation.
All Bonds paid at maturity or redeemed prior to maturity pursuant to the provisions of
this Section 6 shall be cancelled upon surrender thereof and be delivered to or upon the order of the
District. All or any portion of a Bond purchased by the District shall be cancelled by the Paying Agent.
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(c) Book-Entry System.
(i) Election of Book-Entry System. The Bonds shall initially be delivered in the
form of a separate single fully-registered bond (which may be typewritten) for each maturity date of
such Bonds in an authorized denomination. The ownership of each such Bond shall be registered in the
Bond Register in the name of the Nominee, as nominee of the Depository and ownership of the Bonds,
or any portion thereof may not thereafter be transferred except as provided in Section 6(c)(i)(4).
With respect to book-entry Bonds, the District and the Paying Agent shall have no
responsibility or obligation to any Participant or to any person on behalf of which such a Participant
holds an interest in such book-entry Bonds. Without limiting the immediately preceding sentence, the
District and the Paying Agent shall have no responsibility or obligation with respect to (i) the accuracy
of the records of the Depository, the Nominee, or any Participant with respect to any ownership interest
in book-entry Bonds, (ii) the delivery to any Participant or any other person, other than an Owner as
shown in the Bond Register, of any notice with respect to book-entry Bonds, including any Redemption
Notice, (iii) the selection by the Depository and its Participants of the beneficial interests in book-entry
Bonds to be prepaid in the event the District redeems the Bonds in part, or (iv) the payment by the
Depository or any Participant or any other person, of any amount with respect to Principal of, and
premium, if any, or interest on the book-entry Bonds. The District and the Paying Agent may treat and
consider the person in whose name each book-entry Bond is registered in the Bond Register as the
absolute Owner of such book-entry Bond for the purpose of payment of Principal of and premium and
interest on and to such Bond, for the purpose of giving notices of redemption and other matters with
respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all
other purposes whatsoever. The Paying Agent shall pay all Principal of and premium, if any, and
interest on the Bonds only to or upon the order of the respective Owner, as shown in the Bond Register,
or his respective attorney duly authorized in writing, and all such payments shall be valid and effective
to fully satisfy and discharge the District’s obligations with respect to payment of Principal of, and
premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. No person other
than an Owner, as shown in the Bond Register, shall receive a certificate evidencing the obligation to
make payments of Principal of, and premium, if any, and interest on the Bonds. Upon delivery by the
Depository to the Owner and the Paying Agent, of written notice to the effect that the Depository has
determined to substitute a new nominee in place of the Nominee, and subject to the provisions herein
with respect to the Record Date, the word Nominee in this Resolution shall refer to such nominee of the
Depository.
1. Delivery of Letter of Representations
. In order to qualify the book-entry Bonds
for the Depository’s book-entry system, the District and the Paying Agent shall execute and
deliver to the Depository a Letter of Representations. The execution and delivery of a Letter of
Representations shall not in any way impose upon the District or the Paying Agent any
obligation whatsoever with respect to persons having interests in such book-entry Bonds other
than the Owners, as shown on the Bond Register. By executing a Letter of Representations, the
Paying Agent shall agree to take all action necessary at all times so that the District will be in
compliance with all representations of the District in such Letter of Representations. In
addition to the execution and delivery of a Letter of Representations, the District and the
Paying Agent shall take such other actions, not inconsistent with this Resolution, as are
reasonably necessary to qualify book-entry Bonds for the Depository’s book-entry program.
2. Selection of Depository. In the event (i) the Depository determines not to
continue to act as securities depository for book-entry Bonds, or (ii) the District determines that
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continuation of the book-entry system is not in the best interest of the Beneficial Owners of the
Bonds or the District, then the District will discontinue the book-entry system with the
Depository. If the District determines to replace the Depository with another qualified
securities depository, the District shall prepare or direct the preparation of a new single,
separate, fully registered bond for each maturity date of such Outstanding book-entry Bond,
registered in the name of such successor or substitute qualified securities depository or its
Nominee as provided in subsection (4) hereof. If the District fails to identify another qualified
securities depository to replace the Depository, then the Bonds shall no longer be restricted to
being registered in such Bond Register in the name of the Nominee, but shall be registered in
whatever name or names the Owners transferring or exchanging such Bonds shall designate, in
accordance with the provisions of this Section 6(c).
3. Payments and Notices to Depository
. Notwithstanding any other provision of
this Resolution to the contrary, so long as all Outstanding Bonds are held in book entry form
and registered in the name of the Nominee, all payments by the District or the Paying Agent
with respect to Principal of and premium, if any, or interest on the Bonds and all notices with
respect to such Bonds, including notices of redemption, shall be made and given, respectively
to the Nominee, as provided in the Letter of Representations or as otherwise required or
instructed by the Depository and agreed to by the Paying Agent notwithstanding any
inconsistent provisions herein.
4. Transfer of Bonds to Substitute Depository.
(A) The Bonds shall be initially issued as described in the Official Statement
described herein. Registered ownership of such Bonds, or any portions thereof, may not
thereafter be transferred except:
(1) to any successor of DTC or its nominee, or of any substitute
depository designated pursuant to Section 6(c)(i)(4)(A)(2) (“Substitute Depository);
provided that any successor of DTC or Substitute Depository shall be qualified under
any applicable laws to provide the service proposed to be provided by it;
(2) to any Substitute Depository, upon (1) the resignation of DTC
or its successor (or any Substitute Depository or its successor) from its functions as
depository, or (2) a determination by the District that DTC (or its successor) is no
longer able to carry out its functions as depository; provided that any such Substitute
Depository shall be qualified under any applicable laws to provide the services
proposed to be provided by it; or
(3) to any person as provided below, upon (1) the resignation of
DTC or its successor (or any Substitute Depository or its successor) from its functions
as depository, or (2) a determination by the District that DTC or its successor (or
Substitute Depository or its successor) is no longer able to carry out its functions as
depository.
(B) In the case of any transfer pursuant to Section 6(c)(i)(4)(A)(1) or (2), upon
receipt of all Outstanding Bonds by the Paying Agent, together with a written request of the
District to the Paying Agent designating the Substitute Depository, a single new Bond, which
the District shall prepare or cause to be prepared, shall be executed and delivered for each
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maturity of Bonds then Outstanding, registered in the name of such successor or such
Substitute Depository or their Nominees, as the case may be, all as specified in such written
request of the District. In the case of any transfer pursuant to Section 6(c)(i)(4)(A)(3), upon
receipt of all Outstanding Bonds by the Paying Agent, together with a written request of the
District to the Paying Agent, new Bonds, which the District shall prepare or cause to be
prepared, shall be executed and delivered in such denominations and registered in the names of
such persons as are requested in such written request of the District, provided that the Paying
Agent shall not be required to deliver such new Bonds within a period of less than sixty (60)
days from the date of receipt of such written request from the District.
(C) In the case of a partial redemption or an advance refunding of any Bonds
evidencing a portion of the Principal maturing in a particular year, DTC or its successor (or any
Substitute Depository or its successor) shall make an appropriate notation on such Bonds
indicating the date and amounts of such reduction in Principal, in form acceptable to the Paying
Agent, all in accordance with the Letter of Representations. The Paying Agent shall not be
liable for such Depository’s failure to make such notations or errors in making such notations.
(D) The District and the Paying Agent shall be entitled to treat the person in whose
name any Bond is registered as the Owner thereof for all purposes of this Resolution and any
applicable laws, notwithstanding any notice to the contrary received by the Paying Agent or the
District; and the District and the Paying Agent shall not have responsibility for transmitting
payments to, communicating with, notifying, or otherwise dealing with any Beneficial Owners
of the Bonds. Neither the District nor the Paying Agent shall have any responsibility or
obligation, legal or otherwise, to any such Beneficial Owners or to any other party, including
DTC or its successor (or Substitute Depository or its successor), except to the Owner of any
Bonds, and the Paying Agent may rely conclusively on its records as to the identity of the
Owners of the Bonds.
SECTION 7. Execution of the Bonds. The Bonds shall be signed by the President of the
Board, or other member of the Board authorized to sign on behalf of the President, by their manual or
facsimile signature and countersigned by the manual or facsimile signature of the Secretary to the
Board, or the designee thereof, all in their official capacities. No Bond shall be valid or obligatory for
any purpose or shall be entitled to any security or benefit under this Resolution unless and until the
certificate of authentication printed on the Bond is signed by the Paying Agent as authenticating agent.
Authentication by the Paying Agent shall be conclusive evidence that the Bond so authenticated has
been duly issued, signed and delivered under this Resolution and is entitled to the security and benefit
of this Resolution.
SECTION 8. Paying Agent; Transfer and Exchange. So long as any of the Bonds
remain Outstanding, the District will cause the Paying Agent to maintain and keep at its principal office
all books and records necessary for the registration, exchange and transfer of the Bonds as provided in
this Section. Subject to the provisions of Section 9 below, the person in whose name a Bond is
registered on the Bond Register shall be regarded as the absolute Owner of that Bond for all purposes
of this Resolution. Payment of or on account of the Principal of and premium, if any, and interest on
any Bond shall be made only to or upon the order of such Owner; neither the District nor the Paying
Agent shall be affected by any notice to the contrary, but the registration may be changed as provided
in this Section. All such payments shall be valid and effectual to satisfy and discharge the District’s
liability upon the Bonds, including interest, to the extent of the amount or amounts so paid.
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Any Bond may be exchanged for Bonds of like Series, tenor, maturity and Transfer Amount
upon presentation and surrender at the principal office of the Paying Agent, together with a request for
exchange signed by the Owner or by a person legally empowered to do so in a form satisfactory to the
Paying Agent. A Bond may be transferred on the Bond Register only upon presentation and surrender
of the Bond at the principal office of the Paying Agent together with an assignment executed by the
Owner or by a person legally empowered to do so in a form satisfactory to the Paying Agent. Upon
exchange or transfer, the Paying Agent shall complete, authenticate and deliver a new bond or bonds of
like tenor and of any authorized denomination or denominations requested by the Owner equal to the
Transfer Amount of the Bond surrendered and bearing or accruing interest at the same rate and
maturing on the same date.
If any Bond shall become mutilated, the District, at the expense of the Owner of said Bond,
shall execute, and the Paying Agent shall thereupon authenticate and deliver, a new Bond of like Series,
tenor, maturity and Transfer Amount in exchange and substitution for the Bond so mutilated, but only
upon surrender to the Paying Agent of the Bond so mutilated. If any Bond issued hereunder shall be
lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Paying
Agent and, if such evidence be satisfactory to the Paying Agent and indemnity for the Paying Agent
and the District satisfactory to the Paying Agent shall be given by the Owner, the District, at the
expense of the Owner, shall execute, and the Paying Agent shall thereupon authenticate and deliver, a
new Bond of like Series, tenor, maturity and Transfer Amount in lieu of and in substitution for the
Bond so lost, destroyed or stolen (or if any such Bond shall have matured or shall have been called for
redemption, instead of issuing a substitute Bond the Paying Agent may pay the same without surrender
thereof upon receipt of indemnity satisfactory to the Paying Agent and the District). The Paying Agent
may require payment of a reasonable fee for each new Bond issued under this paragraph and of the
expenses which may be incurred by the District and the Paying Agent.
If signatures on behalf of the District are required in connection with an exchange or transfer,
the Paying Agent shall undertake the exchange or transfer of Bonds only after the new Bonds are
signed by the authorized officers of the District. In all cases of exchanged or transferred Bonds, the
District shall sign and the Paying Agent shall authenticate and deliver Bonds in accordance with the
provisions of this Resolution. All fees and costs of transfer shall be paid by the requesting party.
Those charges may be required to be paid before the procedure is begun for the exchange or transfer.
All Bonds issued upon any exchange or transfer shall be valid obligations of the District, evidencing
the same debt, and entitled to the same security and benefit under this Resolution as the Bonds
surrendered upon that exchange or transfer.
Any Bond surrendered to the Paying Agent for payment, retirement, exchange, replacement or
transfer shall be cancelled by the Paying Agent. The District may at any time deliver to the Paying
Agent for cancellation any previously authenticated and delivered Bonds that the District may have
acquired in any manner whatsoever, and those Bonds shall be promptly cancelled by the Paying Agent.
Written reports of the surrender and cancellation of Bonds shall be made to the District by the Paying
Agent as requested by the District. The cancelled Bonds shall be retained for three years, then returned
to the District or destroyed by the Paying Agent as directed by the District.
Neither the District nor the Paying Agent will be required (a) to issue or transfer any Bonds
during a period beginning with the opening of business on the 16th business day next preceding either
any Bond Payment Date or any date of selection of Bonds to be redeemed and ending with the close of
business on the Bond Payment Date or any day on which the applicable Redemption Notice is given or
(b) to transfer any Bonds which have been selected or called for redemption in whole or in part.
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SECTION 9. Payment. Payment of interest on any Bond shall be made on any Bond
Payment Date to the person appearing on the registration books of the Paying Agent as the Owner
thereof as of the Record Date immediately preceding such Bond Payment Date, such interest to be paid
by wire transfer or check mailed to such Owner on the Bond Payment Date at his or her address as it
appears on such registration books or at such other address as he or she may have filed with the Paying
Agent for that purpose on or before the Record Date. The Owner in an aggregate Principal Amount of
One Million Dollars ($1,000,000) or more may request in writing to the Paying Agent that such Owner
be paid interest by wire transfer to the bank and account number on file with the Paying Agent as of the
Record Date. The Principal, and redemption premiums, if any, payable on the Bonds shall be payable
upon maturity or redemption upon surrender at the principal office of the Paying Agent. The Principal
of, and premiums, if any, and interest on, the Bonds shall be payable in lawful money of the United
States of America. The Paying Agent is hereby authorized to pay the Bonds when duly presented for
payment at maturity, and to cancel all Bonds upon payment thereof. The Bonds are obligations of the
District payable solely from the levy of ad valorem property taxes upon all property with the District
subject to taxation, which taxes shall be unlimited as to rate or amount. The Bonds do not constitute an
obligation of the County and no part of any fund of the County is pledged or obligated to the payment
of the Bonds.
SECTION 10. Forms of Bonds. The Bonds shall be in substantially the form as set forth in
Exhibit A hereto, allowing those officials executing the Bonds to make the insertions and deletions
necessary to conform the Bonds to this Resolution and the Purchase Contract.
SECTION 11. Delivery of Bonds. The proper officials of the District shall cause the Bonds
to be prepared and, following their sale, shall have the Bonds signed and delivered, together with a true
transcript of proceedings with reference to the issuance of the Bonds, to the Underwriters upon
payment of the purchase price therefor.
SECTION 12. Deposit of Proceeds of Bonds. (a) The purchase price received from the
Underwriters pursuant to the Purchase Contract, to the extent of the Principal Amount thereof, shall be
paid to the County to the credit of the fund hereby authorized to be created to be known as the Cerritos
Community College District Election of 2012 General Obligation Bonds, Series 2014A Building Fund”
(the “Building Fund”) of the District, shall be kept separate and distinct from all other District and
County funds, and those proceeds shall be used solely for the purpose for which the Bonds are being
issued and provided further that such proceeds shall be applied solely to the purposes authorized by the
voters of the District at the Election. The County shall have no responsibility for assuring the proper
use of the Bond proceeds by the District. The Building Fund may contain subaccounts if the Bonds are
issued in more than one Series. The purchase price received from the Underwriters pursuant to the
Purchase Contract, to the extent of any accrued interest and any net original issue premium, shall be
paid to the County to the credit of the fund hereby authorized to be created to be known as theCerritos
Community College District Election of 2012 General Obligation Bonds, Series 2014A Debt Service
Fund” (the “Debt Service Fund”) for the Bonds and used for payment of Principal of and interest on the
Bonds, and for no other purpose. The Debt Service Fund may contain subaccounts if the Bonds are
issued in more than one Series. Interest earnings on monies held in the Building Fund shall be retained
in the Building Fund. Interest earnings on monies held in the Debt Service Fund shall be retained in the
Debt Service Fund. Any excess proceeds of the Bonds not needed for the authorized purposes set forth
herein for which the Bonds are being issued upon written notice from the District shall be transferred to
the Debt Service Fund and applied to the payment of Principal of and interest on the Bonds. If, after
payment in full of the Bonds, there remain excess proceeds, any such excess amounts shall be
transferred to the general fund of the District.
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The costs of issuance of the Bonds are hereby authorized to be paid either from premium
withheld by the Underwriters upon the sale of the Bonds, or from the Principal Amount of the Bonds
received from the Underwriters. To the extent costs of issuance are paid from such Principal Amount,
the District may direct that a portion thereof, in an amount not-to-exceed 2.0% of such Principal
Amount, in lieu of being deposited into the Building Fund, be deposited in a costs of issuance account
to be held by a fiscal agent of the District appointed for such purpose.
(b) Moneys in the Debt Service Fund and the Building Fund shall be invested, after
consultation with the County, in Permitted Investments. If at the time of issuance the District
determines to issue the Bonds as Tax-Exempt Bonds without regard to the Internal Revenue Code
“temporary period” restrictions, all investment of Bond proceeds shall be subject to paragraph (1)
below; and the District, in consultation with the County, may provide for an agent to assist the County
in investing funds pursuant to paragraph (1) below. If the District fails to direct the County or its agent,
as the case may be, the County or its agent shall invest or cause the funds in the Building Fund to be
invested in Qualified Permitted Investments, subject to the provisions of paragraph (1) below, until
such time as the District provides written direction to invest such funds otherwise. Neither the County
nor its officers and agents, as the case may be, shall have any responsibility or obligation to determine
the tax consequences of any investment. The interest earned on the moneys deposited to the Building
Fund shall be applied as set forth in subparagraph (1)(C) below:
(1) Covenant Regarding Investment of Proceeds
.
(A) Permitted Investments. Beginning on the delivery date, and at all times
until expenditure for authorized purposes, not less than 95% of the proceeds of the
Bonds deposited in the Building Fund, including investment earnings thereon, will be
invested in Qualified Permitted Investments. Notwithstanding the preceding provisions
of this Section, for purposes of this paragraph, amounts derived from the disposition or
redemption of Qualified Permitted Investments and held pending reinvestment or
redemption for a period of not more than 30 days may be invested in Permitted
Investments. The District hereby authorizes investments made pursuant to this
Resolution with maturities exceeding five years.
(B) Recordkeeping and Monitoring Relating to Building Fund.
i. Information Regarding Permitted Investments. The District
hereby covenants that it will record or cause to be recorded with respect to each
Permitted Investment in the Building Fund the following information: purchase date;
purchase price; information establishing the Fair Market Value of such Permitted
Investment; face amount; coupon rate; periodicity of interest payments; disposition
price; disposition date; and any accrued interest received upon disposition.
ii. Information in Qualified Non-AMT Mutual Funds. The
District hereby covenants that, with respect to each investment of proceeds of the
Bonds in a Qualified Non-AMT Mutual Fund pursuant to paragraph (1)(A) above, in
addition to recording, or causing to be recorded, the information set forth in paragraph
(1)(B)(i) above, it will retain a copy of each IRS information reporting form and
account statement provided by such Qualified Non-AMT Mutual Fund.
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iii. Monthly Investment Fund Statements. The District covenants
that it will obtain, at the beginning of each month following the delivery date, a
statement of the investments in the Building Fund detailing the nature, amount and
value of each investment as of such statement date.
iv. Retention of Records. The District hereby covenants that it
will retain the records referred to in paragraph (1)(B)(i) and each IRS information
reporting form referred to in paragraph (1)(B)(ii) with its books and records with
respect to the Bonds until three years following the last date that any obligation
comprising the Bonds is retired.
(C) Interest Earned on Permitted Investments. The interest earned on the
moneys deposited in the Building Fund shall be deposited in the Building Fund and
used for the purposes of that fund.
Except as required to satisfy the requirements of Section 148(f) of the Code, interest earned on
the investment of moneys held in the Debt Service Fund shall be retained in the Debt Service Fund and
used by the County to pay the Principal of and interest on the Bonds when due.
SECTION 13. Rebate Fund. The following provisions shall apply to any Bonds issued as
Tax-Exempt Bonds.
(a) The District shall create and establish a special fund designated the “Cerritos
Community College District Election of 2012 General Obligation Bonds, Series 2014A Rebate Fund”
(the “Rebate Fund”). All amounts at any time on deposit in the Rebate Fund shall be held in trust, to
the extent required to satisfy the requirement to make rebate payments to the United States (the “Rebate
Requirement”) pursuant to Section 148 of the Code, and the Treasury Regulations promulgated
thereunder (the “Treasury Regulations”). Such amounts shall be free and clear of any lien hereunder
and shall be governed by this Section and by the Tax Certificate to be executed by the District in
connection with the Tax-Exempt Bonds (the “Tax Certificate”).
(b) Within 45 days of the end of each fifth Bond Year (as such term is defined in the Tax
Certificate), (1) the District shall calculate or cause to be calculated with respect to the Bonds the
amount that would be considered the “rebate amount” within the meaning of Section 1.148-3 of the
Treasury Regulations, using as the “computation date” for this purpose the end of such Bond Year, and
(2) the District shall deposit to the Rebate Fund from amounts on deposit in the other funds established
hereunder or from other District funds, if and to the extent required, amounts sufficient to cause the
balance in the Rebate Fund to be equal to the “rebate amount” so calculated. The District shall not be
required to deposit any amount to the Rebate Fund in accordance with the preceding sentence, if the
amount on deposit in the Rebate Fund prior to the deposit required to be made under this subsection (b)
equals or exceeds the “rebate amount” calculated in accordance with the preceding sentence. Such
excess may be withdrawn from the Rebate Fund to the extent permitted under subsection (g) of this
Section. The District shall not be required to calculate the “rebate amount” and shall not be required to
deposit any amount to the Rebate Fund in accordance with this subsection (b), with respect to all or a
portion of the proceeds of the Bonds (including amounts treated as proceeds of the Bonds) (1) to the
extent such proceeds satisfy the expenditure requirements of Section 148(f)(4)(B) or
Section 148(f)(4)(C) of the Code or Section 1.148-7(d) of the Treasury Regulations, whichever is
applicable, and otherwise qualify for the exception to the Rebate Requirement pursuant to whichever of
said sections is applicable, (2) to the extent such proceeds are subject to an election by the District
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under Section 148(f)(4)(C)(vii) of the Code to pay a one and one-half percent (1½%) penalty in lieu of
arbitrage rebate in the event any of the percentage expenditure requirements of Section 148(f)(4)(C) are
not satisfied, or (3) to the extent such proceeds qualify for the exception to arbitrage rebate under
Section 148(f)(4)(A)(ii) of the Code for amounts in a “bona fide debt service fund.” In such event, and
with respect to such amounts, the District shall not be required to deposit any amount to the Rebate
Fund in accordance with this subsection (b).
(c) Any funds remaining in the Rebate Fund after redemption of all the Bonds and any
amounts described in paragraph (2) of subsection (d) of this Section, or provision made therefor
satisfactory to the District, including accrued interest, shall be remitted to the District.
(d) Subject to the exceptions contained in subsection (b) of this Section to the requirement
to calculate the “rebate amount” and make deposits to the Rebate Fund, the District shall pay to the
United States, from amounts on deposit in the Rebate Fund,
(1) not later than 60 days after the end of (i) the fifth Bond Year, and (ii) each fifth
Bond Year thereafter, an amount that, together with all previous rebate payments, is equal to at
least 90% of the “rebate amount” calculated as of the end of such Bond Year in accordance
with Section 1.148-3 of the Treasury Regulations; and
(2) not later than 60 days after the payment of all Bonds, an amount equal to 100%
of the “rebate amount” calculated as of the date of such payment (and any income attributable
to the “rebate amount” determined to be due and payable) in accordance with Section 1.148-3
of the Treasury Regulations.
(e) In the event that, prior to the time any payment is required to be made from the Rebate
Fund, the amount in the Rebate Fund is not sufficient to make such payment when such payment is
due, the District shall calculate (or have calculated) the amount of such deficiency and deposit an
amount equal to such deficiency into the Rebate Fund prior to the time such payment is due.
(f) Each payment required to be made pursuant to subsection (d) of this Section shall be
made to the Internal Revenue Service, on or before the date on which such payment is due, and shall be
accompanied by Internal Revenue Service Form 8038-T, such form to be prepared or caused to be
prepared by the District.
(g) In the event that immediately following the calculation required by subsection (b) of
this Section, but prior to any deposit made under said subsection, the amount on deposit in the Rebate
Fund exceeds the “rebate amount” calculated in accordance with said subsection, the District may
withdraw the excess from the Rebate Fund and credit such excess to the Debt Service Fund.
(h) The District shall retain records of all determinations made hereunder until three years
after the complete retirement of the Bonds.
(i) Notwithstanding anything in this Resolution to the contrary, the Rebate Requirement
shall survive the payment in full or defeasance of the Bonds.
SECTION 14. Security for the Bonds. There shall be levied on all the taxable property in
the District, in addition to all other taxes, a continuing direct ad valorem property tax annually during
the period the Bonds are Outstanding in an amount sufficient to pay the Principal of and interest on the
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Bonds when due, which moneys when collected will be placed in the Debt Service Fund of the District,
which fund is hereby pledged to the payment of the Principal of and interest on the Bonds when and as
the same fall due, and for no other purpose.
The moneys in the Debt Service Fund, to the extent necessary to pay the Principal of and
interest on the Bonds as the same become due and payable, shall be transferred by the Treasurer to the
Paying Agent which, in turn, shall pay such moneys to DTC to pay such Principal and interest. DTC
will thereupon make payments of Principal of and interest on the Bonds to the DTC Participants who
will thereupon make payments of such Principal and interest to the Beneficial Owners of the Bonds.
Any moneys remaining in the Debt Service Fund after the Bonds and the interest thereon have been
paid in full, or provision for such payment has been made, shall be transferred to the general fund of the
District, pursuant to the Education Code Section 15234.
SECTION 15. Arbitrage Covenant. The District covenants that it will restrict the use of
the proceeds of the Bonds in such manner and to such extent, if any, as may be necessary, so that the
Bonds will not constitute arbitrage bonds under Section 148 of the Code and the applicable regulations
prescribed thereunder or any predecessor section. Calculations for determining arbitrage requirements
are the sole responsibility of the District.
SECTION 16. Conditions Precedent. The Board determines that all acts and conditions
necessary to be performed by the Board or to have been met precedent to and in the issuing of the
Bonds in order to make them legal, valid and binding general obligations of the District have been
performed and have been met, or will at the time of delivery of the Bonds have been performed and
have been met, in regular and due form as required by law; and that no statutory or constitutional
limitation of indebtedness or taxation will have been exceeded in the issuance of the Bonds.
SECTION 17. Official Statement. The Preliminary Official Statement relating to the
Bonds, substantially in the form on file with the Secretary to the Board is hereby approved and the
Authorized Officers, each alone, are hereby authorized and directed, for and in the name and on behalf
of the District, to deliver such Preliminary Official Statement to the Underwriters to be used in
connection with the offering and sale of the Bonds. The Authorized Officers, each alone, are hereby
authorized and directed, for and in the name and on behalf of the District, to deem the Preliminary
Official Statement “final” pursuant to 15c2-12 of the Securities Exchange Act of 1934, prior to its
distribution and to execute and deliver to the Underwriters a final Official Statement, substantially in
the form of the Preliminary Official Statement, with such changes therein, deletions therefrom and
modifications thereto as the Authorized Officer executing the same shall approve. The Underwriters
are hereby authorized to distribute copies of the Preliminary Official Statement to persons who may be
interested in the purchase of the Bonds, and such Underwriters are directed to deliver copies of any
final Official Statement to the purchasers of the Bonds. Execution of the Official Statement shall
conclusively evidence the District’s approval of the Official Statement.
SECTION 18. Insurance. In the event the District purchases bond insurance for the Bonds,
and to the extent that the Bond Insurer makes payment of the Principal of interest on the Bonds, it shall
become the Owner of such Bonds with the right to payment of such Principal or interest, and shall be
fully subrogated to all of the Owners’ rights, including the Owners’ rights to payment thereof. To
evidence such subrogation (i) in the case of subrogation as to claims that were past due interest the
Paying Agent shall note the Bond Insurer’s rights as subrogee on the registration books for the Bonds
maintained by the Paying Agent upon receipt of a copy of the cancelled check issued by the Bond
Insurer for the payment of such interest to the Owners of the Bonds, and (ii) in the case of subrogation
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as to claims for past due Principal, the Paying Agent shall note the Bond Insurer as subrogee on the
registration books for the Bonds maintained by the Paying Agent upon surrender of the Bonds by the
Owners thereof to the Bond Insurer or the insurance trustee for the Bond Insurer.
SECTION 19. Defeasance. All or any portion of the Outstanding maturities of the Bonds
may be defeased prior to maturity in the following ways:
(a) Cash: by irrevocably depositing with an independent escrow agent selected by
the District an amount of cash which, together with any amounts transferred from the Debt
Service Fund, is sufficient to pay all Bonds Outstanding and designated for defeasance
(including all Principal thereof, accrued interest thereon and redemption premiums, if any) at or
before their maturity date; or
(b) Government Obligations: by irrevocably depositing with an independent
escrow agent selected by the District noncallable Government Obligations together with any
amounts transferred from the Debt Service Fund and any other cash, if required, in such
amount as will, together with interest to accrue thereon, in the opinion of an independent
certified public accountant, be fully sufficient to pay and discharge all Bonds Outstanding and
designated for defeasance (including all Principal thereof, accrued interest thereon and
redemption premiums, if any) at or before their maturity date;
then, notwithstanding that any of such Bonds shall not have been surrendered for payment, all
obligations of the District with respect to all such designated Outstanding Bonds shall cease and
terminate, except only the obligation of the independent escrow agent selected by the District to pay or
cause to be paid from funds deposited pursuant to paragraphs (a) or (b) of this Section, to the Owners of
such designated Bonds not so surrendered and paid all sums due with respect thereto.
For purposes of this Section, Government Obligations shall mean:
Direct and general obligations of the United States of America, or obligations that are
unconditionally guaranteed as to principal and interest by the United States of America (which
may consist of obligations of the Resolution Funding Corporation that constitute interest strips),
or “prerefunded” municipal obligations rated in the highest rating category by Moody’s or
S&P. In the case of direct and general obligations of the United States of America,
Government Obligations shall include evidences of direct ownership of proportionate interests
in future interest or principal payments of such obligations. Investments in such proportionate
interests must be limited to circumstances where (i) a bank or trust company acts as custodian
and holds the underlying United States obligations; (ii) the owner of the investment is the real
party in interest and has the right to proceed directly and individually against the obligor of the
underlying United States obligations; and (iii) the underlying United States obligations are held
in a special account, segregated from the custodian’s general assets, and are not available to
satisfy any claim of the custodian, any person claiming through the custodian, or any person to
whom the custodian may be obligated; provided that such obligations are rated or assessed at
least as high as direct and general obligations of the United States of America by either
Moody’s or S&P.
SECTION 20. Nonliability of County. Notwithstanding anything to the contrary contained
herein, in the Bonds or in any other document mentioned herein, neither the County, nor its officials,
officers, employees or agents shall have any liability hereunder or by reason hereof or in connection
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with the transactions contemplated hereby, the Bonds are not a debt of the County or a pledge of the
County’s full faith and credit, and the Bonds and any liability in connection therewith shall be paid
solely from ad valorem property taxes lawfully levied to pay the Principal of or interest on the Bonds,
which taxes shall be unlimited as to rate or amount.
SECTION 21. Indemnification of County. The District shall defend, indemnify and hold
harmless the County, its officials, officers, agents and employees (“Indemnified Parties”) against any
and all losses, claims, damages or liabilities, joint or several, to which such Indemnified Parties may
become subject based in whole or in part upon any acts or omission related to the Bonds, except with
regard to the County’s responsibilities under Section 23 hereof. The District shall also reimburse the
Indemnified Parties for any legal or other costs and expenses incurred in connection with investigating
or defending any such claims or liabilities, except with regard to the County’s responsibilities under
Section 23 hereof.
SECTION 22. Reimbursement of County Costs. The District shall reimburse the County
for all costs and expenses incurred by the County, its officials, officers, agents and employees in
issuing or otherwise in connection with the issuance of the Bonds.
SECTION 23. Request to County to Levy Tax. The Board of Supervisors and officers of
the County are obligated by statute to provide for the levy and collection of ad valorem property taxes
in each year sufficient to pay all Principal of and interest coming due on the Bonds in such year, and to
pay from such taxes all amounts due on the Bonds. The District hereby requests the Board of
Supervisors to annually levy a tax upon all taxable property in the District sufficient to pay all such
Principal and interest coming due on the Bonds in such year, and to pay from such taxes all amounts
due on the Bonds.
SECTION 24. Other Actions. (a) Officers of the Board and District officials and staff are
hereby authorized and directed, jointly and severally, to do any and all things and to execute and
deliver any and all documents which they may deem necessary or advisable in order to proceed with
the issuance of the Bonds and otherwise carry out, give effect to and comply with the terms and intent
of this Resolution. Such actions heretofore taken by such officers, officials and staff are hereby
ratified, confirmed and approved.
(b) The Board hereby appoints Wells Fargo Bank, N.A., J.P. Morgan Securities LLC, and
RBC Capital Markets LLC as the Underwriters, and Stradling Yocca Carlson & Rauth, a Professional
Corporation, as Bond Counsel and Disclosure Counsel, all with respect to the issuance of the Bonds.
(c) The provisions of this Resolution as they relate to the Bonds may be amended by the
Purchase Contract or the Official Statement.
(d) To the extent the issuance of Bonds includes Long Current Interest Bonds (as defined
herein), the useful life of any facility financed with such Long Current Interest Bonds will equal or
exceed the maturity of such Long Current Interest Bonds, as shall be further evidenced by a certificate
of the District substantially in the form attached as Exhibit B hereto.
SECTION 25. Resolution to County Treasurer-Tax Collector. The Secretary to this
Board is hereby directed to provide a certified copy of this Resolution to the Treasurer immediately
following its adoption.
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SECTION 26. Continuing Disclosure. The District hereby covenants and agrees that it
will comply with and carry out all of the provisions of that certain Continuing Disclosure Certificate
executed by the District and dated as of the Dated Date, as originally executed and as it may be
amended from time to time in accordance with the terms thereof. The Board hereby approves the form
of Continuing Disclosure Certificate appended to the Preliminary Official Statement on file with the
Secretary to the Board, and the Authorized Officers, each alone, are hereby authorized to execute the
Continuing Disclosure Certificate with such changes thereto as the Authorized Officers executing the
same shall approve, such approval to be conclusively evidenced by such execution and delivery. Any
Bond Holder may take such actions as may be necessary and appropriate, including seeking mandate or
specific performance by court order, to cause the District to comply with its obligations under this
Section. Noncompliance with this Section shall not result in acceleration of the Bonds.
SECTION 27. Effective Date. This Resolution shall take effect immediately upon its
passage.
SECTION 28. Further Actions Authorized. It is hereby covenanted that the District, and
its appropriate officials, have duly taken all actions necessary to be taken by them, and will take any
additional actions necessary to be taken by them, for carrying out the provisions of this Resolution.
[REMAINDER OF PAGE LEFT BLANK]
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SECTION 29. Recitals. All the recitals in this Resolution above are true and correct and
this Board so finds, determines and represents.
PASSED, ADOPTED AND APPROVED this 1
st
day of October 2014, by the following vote:
AYES: MEMBERS
NOES: MEMBERS
ABSTAIN: MEMBERS
ABSENT: MEMBERS
President of the Board of Trustees
ATTEST:
____________________________
Secretary to the Board of Trustees
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SECRETARY’S CERTIFICATE
I, Dr. Linda L. Lacy, President/Superintendent and Secretary to the Board of Trustees of the
Cerritos Community College District, Los Angeles County, California, hereby certify as follows:
The foregoing is a full, true and correct copy of a Resolution duly adopted at a regular meeting
of the Board of Trustees of said District duly and regularly and legally held at the regular meeting place
thereof on October 1 2014, of which meeting all of the members of the Board of said District had due
notice and at which a quorum was present.
I have carefully compared the same with the original minutes of said meeting on file and of
record in my office and the foregoing is a full, true and correct copy of the original Resolution adopted
at said meeting and entered in said minutes.
Said Resolution has not been amended, modified or rescinded since the date of its adoption,
and the same is now in full force and effect.
Dated: October ___, 2014
President/Superintendent and Secretary to the Board of
Trustees of the Cerritos Community College District
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EXHIBIT A
FORM OF BONDS
REGISTERED REGISTERED
NO. $
CERRITOS COMMUNITY COLLEGE DISTRICT
(LOS ANGELES COUNTY, CALIFORNIA)
ELECTION OF 2012 GENERAL OBLIGATION BONDS, SERIES 2014A
INTEREST RATE:
MATURITY DATE:
DATED AS OF:
CUSIP
______% per annum
August 1, ______
______, 20__
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
The Cerritos Community College District (the “District”) in Los Angeles County, California
(the “County”), for value received, promises to pay to the Registered Owner named above, or
registered assigns, the Principal Amount on the Maturity Date, each as stated above, and interest
thereon until the Principal Amount is paid or provided for at the Interest Rate stated above, on
February 1 and August 1 of each year (the “Bond Payment Dates”), commencing on February 1, 2015.
This bond will bear interest from the Bond Payment Date next preceding the date of authentication
hereof unless it is authenticated as of a day during the period from the 16th day of the month next
preceding any Bond Payment Date to the Bond Payment Date, inclusive, in which event it shall bear
interest from such Bond Payment Date, or unless it is authenticated on or before July 15, 2014, in
which event it shall bear interest from the Dated Date. Interest shall be computed on the basis of a 360-
day year of 12, 30-day months. Principal and interest are payable in lawful money of the United States
of America, without deduction for the paying agent services, to the person in whose name this bond (or,
if applicable, one or more predecessor bonds) is registered, such owner being the Registered Owner, on
the Register maintained by the Paying Agent, initially U.S. Bank National Association as agent of the
Treasurer and Tax Collector of Los Angeles County. Principal is payable upon presentation and
surrender of this bond at the principal office of the Paying Agent. Interest is payable by check or draft
mailed by the Paying Agent on each Bond Payment Date to the Registered Owner of this bond (or one
or more predecessor bonds) as shown and at the address appearing on the Register at the close of
business on the 15th day of the calendar month next preceding that Bond Payment Date (the “Record
Date”). The Owner of Bonds in the aggregate principal amount of $1,000,000 or more may request in
writing to the Paying Agent that the Owner be paid interest by wire transfer to the bank and account
number on file with the Paying Agent as of the Record Date.
This bond is one of an authorization of bonds approved to raise money for the purposes
authorized by voters of the District at the Election (defined herein) and to pay all necessary legal,
financial, engineering and contingent costs in connection therewith under authority of and pursuant to
the laws of the State of California, and the requisite vote of the electors of the District cast at a general
election held on November 6, 2012 (the “Election”), upon the question of issuing bonds in the amount
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of $350,000,000 and the resolution of the Board of Trustees of the District adopted on October 1, 2014
(the “Bond Resolution”). This bond is being issued under the provisions of Article 4.5 of Chapter 3 of
Part 1 of Division 2 of Title 5 of the California Government Code. This bond and the issue of which
this bond is one are payable as to both principal and interest solely from the proceeds of the levy of ad
valorem taxes on all property subject to such taxes in the District, which taxes are unlimited as to rate
or amount in accordance with California Education Code Sections 15250 and 15252.
The bonds of this issue comprise $______ principal amount of current interest bonds, of which
this bond is a part (collectively, the “Bonds”).
This bond is exchangeable and transferable for Bonds of like series, tenor, maturity and
Transfer Amount (as defined in the Bond Resolution) and in authorized denominations at the
designated office of the Paying Agent in Los Angeles, California, by the Registered Owner or by a
person legally empowered to do so, in a form satisfactory to the Paying Agent, all subject to the terms,
limitations and conditions provided in the Bond Resolution. All fees and costs of transfer shall be paid
by the transferor. The District and the Paying Agent may deem and treat the Registered Owner as the
absolute owner of this bond for the purpose of receiving payment of or on account of principal or
interest and for all other purposes, and neither the District nor the Paying Agent shall be affected by any
notice to the contrary.
Neither the District nor the Paying Agent will be required (a) to issue or transfer any Bond
during a period beginning with the opening of business on the 16th business day next preceding either
any Bond Payment Date or any date of selection of Bonds to be redeemed and ending with the close of
business on the Bond Payment Date or day on which the applicable notice of redemption is given or (b)
to transfer any Bond which has been selected or called for redemption in whole or in part.
The Bonds maturing on or before August 1, 20__ are not subject to redemption prior to their
fixed maturity dates. The Bonds maturing on or after August 1, 20__ are subject to redemption at the
option of the District, as a whole or in part, on any date on or after August 1, 20__ at a redemption
price equal to the principal amount of the Bonds to be redeemed, plus interest thereon to the date fixed
for redemption, without premium.
The Bonds maturing on August 1, 20__, are subject to redemption prior to maturity from
mandatory sinking fund payments on August 1 of each year, on and after August 1, 20__, at a
redemption price equal to the principal amount thereof, together with accrued interest to the date fixed
for redemption, without premium. The principal amount represented by such Bonds to be so redeemed
and the dates therefor and the final principal payment date are as indicated in the following table:
Redemption Dates
Principal Amounts
TOTAL
If less than all of the Bonds of any one maturity shall be called for redemption, the particular
Bonds or portions of Bonds of such maturity to be redeemed shall be selected by lot by the Paying
Agent in such manner as the Paying Agent may determine; provided, however, that the portion of any
Bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof. If less than
all of the Bonds stated to mature on different dates shall be called for redemption, the particular Bonds
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or portions thereof to be redeemed shall be called by the Paying Agent in any order directed by the
District and, if not so directed, in the inverse order of maturity.
Reference is made to the Bond Resolution for a more complete description of certain defined
terms used herein, as well as the provisions, among others, with respect to the nature and extent of the
security for the Bonds of this series, the rights, duties and obligations of the District, the Paying Agent
and the Registered Owners, and the terms and conditions upon which the Bonds are issued and secured.
The Registered Owner of this bond assents, by acceptance hereof, to all of the provisions of the Bond
Resolution.
It is certified and recited that all acts and conditions required by the Constitution and laws of
the State of California to exist, to occur and to be performed or to have been met precedent to and in the
issuing of the Bonds in order to make them legal, valid and binding general obligations of the District,
have been performed and have been met in regular and due form as required by law; that no statutory or
constitutional limitation on indebtedness or taxation has been exceeded in issuing the Bonds; and that
due provision has been made for levying and collecting ad valorem property taxes on all of the taxable
property within the District in an amount sufficient to pay principal and interest when due.
This bond shall not be valid or obligatory for any purpose and shall not be entitled to any
security or benefit under the Bond Resolution until the Certificate of Authentication below has been
signed.
[REMAINDER OF PAGE LEFT BLANK]
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IN WITNESS WHEREOF, the Cerritos Community College District, Los Angeles County,
California, has caused this bond to be executed on behalf of the District and in their official capacities
by the manual or facsimile signature of the President of the Board of Trustees of the District, and to be
countersigned by the manual or facsimile signature of the Secretary to the Board of Trustees of the
District, all as of the date stated above.
CERRITOS COMMUNITY COLLEGE DISTRICT
By:
(Facsimile Signature)
President of the Board of Trustees
COUNTERSIGNED:
(Facsimile Signature)
Secretary to the Board of Trustees
CERTIFICATE OF AUTHENTICATION
This bond is one of the Bonds described in the Bond Resolution referred to herein which has
been authenticated and registered on ______, 20__.
By: U.S. BANK NATIONAL ASSOCIATION as agent of
the TREASURER AND TAX COLLECTOR OF LOS
ANGELES COUNTY, AS PAYING AGENT
______________________________________________
Authorized Officer
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ASSIGNMENT
For value received, the undersigned sells, assigns and transfers to (print or typewrite name,
address and zip code of Transferee): ___________________________________________________
this bond and irrevocably constitutes and appoints attorney to transfer this bond on the books for
registration thereof, with full power of substitution in the premises.
Dated: ________________________
_____________________________
Signature Guaranteed:
_____________________________
Notice: The assignor’s signature to this assignment must correspond with the name as it
appears upon the within bond in every particular, without alteration or any change
whatever, and the signature(s) must be guaranteed by an eligible guarantor institution.
Social Security Number, Taxpayer Identification Number or other identifying number
of Assignee: ______
Unless this certificate is presented by an authorized representative of The Depository Trust
Company to the issuer or its agent for registration of transfer, exchange or payment, and any certificate
issued is registered in the name of Cede & Co. or such other name as requested by an authorized
representative of The Depository Trust Company and any payment is made to Cede & Co., ANY
TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO
ANY PERSON IS WRONGFUL since the registered owner hereof, Cede & Co., has an interest herein.
LEGAL OPINION
The following is a true copy of the opinion rendered by Stradling Yocca Carlson & Rauth, a
Professional Corporation in connection with the issuance of, and dated as of the date of the original
delivery of, the bonds. A signed copy is on file in my office.
(Facsimile Signature)
Secretary to the Board of Trustees
A-5
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EXHIBIT B
$_____________
CERRITOS COMMUNITY COLLEGE DISTRICT
(Los Angeles County, California)
Election of 2012 General Obligation Bonds, Series 2014B
CERTIFICATE PURSUANT TO GOVERNMENT CODE SECTION 53508.6
I, [Name of Authorized Officer], as [Title of Authorized Officer] of the Cerritos Community
College District (the “District”), do hereby certify on behalf of the District in accordance with
Section 53508.6 of the Government Code of the State of California (the “Code”), in connection with
the issuance of the above-captioned Bonds (the “Bonds”), authorized to be issued pursuant a
resolution of the Board of Trustees adopted on October 1, 2014 (the “Resolution”), and pursuant to
Article 4.5 of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code,
commencing with Section 53506 et seq., as amended:
1. I have reviewed the schedule of maturities of the Bonds provided by the Underwriters
of the Bonds in connection with the issuance thereof, and such issuance includes Long Current
Interest Bonds (as such term is defined in the Resolution).
2. I am familiar with the construction, reconstruction, rehabilitation and/or replacement
of District school facilities (collectively, the “Project”) expected to be financed with proceeds of the
Long Current Interest Bonds.
3. As of the date hereof, I hereby find that the useful life of the Project expected to be
financed with such Long Current Interest Bonds equals or exceeds the maturity date of such Long
Current Interest Bonds.
Dated: ________________ CERRITOS COMMUNITY COLLEGE
DISTRICT
By:
[Name of Authorized Officer]
[Title of Authorized Officer]
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PRELIMINARY OFFICIAL STATEMENT DATED ___________, 2014
This Preliminary Official Statement and the information contained herein are subject to completion or amendment. These securities may not be sold, nor may offers to buy them be accepted, prior to
the time the Official Statement is delivered in final form. Under no circumstances shall t
his Preliminary Official Statement constitute an offer to sell or the solicitation of an offer to buy, nor shall there
be any sale of, these securities in any jurisdiction in which such offer, solicitation or sale would be unlawful.
NEW ISSUEFULL BOOK-ENTRY RATINGS: Moody’s: “___”; S&P: “__
See “MISCELLANEOUS Ratings.”
In the opinion of Stradling Yocca Carlson & Rauth, a Professional Corporation, San Francisco, California (“Bond
Counsel”), under existing statutes, regulations, rulings and judicial decisions, and assuming the accuracy of certain
representations and compliance with certain covenants and requirements described herein, interest (and original issue
discount) on the Bonds is excluded from gross income for federal income tax purposes and is not an item of tax preference for
purposes of calculating the federal alternative minimum tax imposed on individuals and corporations. In the further opinion
of Bond Counsel, interest (and original issue discount) on the Bonds is exempt from State of California personal income tax.
See “TAX MATTERS” herein with respect to tax consequences relating to the Bonds.
$100,000,000
*
CERRITOS COMMUNITY COLLEGE DISTRICT
(Los Angeles County, California)
Election of 2012 General Obligation Bonds, Series 2014A
Dated: Date of Delivery Due: August 1, as shown on inside cover page
This cover page contains certain information for quick reference only. It is not a summary of this issue. Investors must
read the entire Official Statement to obtain information essential to the making of an informed investment decision.
Capitalized terms used on this cover page not otherwise defined shall have the meanings set forth herein.
The Cerritos Community College District (Los Angeles County, California) Election of 2012 General Obligation Bonds,
Series 2014A (the “Bonds”) were authorized at an election of the registered voters of the Cerritos Community College District
(the “District”) held on November 6, 2012 at which the requisite 55% or more of the persons voting on the proposition voted to
authorize the issuance and sale of $350,000,000 principal amount of general obligation bonds of the District. The Bonds are
being issued to finance the acquisition, construction, modernization and equipping of District sites and facilities, and to pay the
costs of issuance associated with the Bonds.
The Bonds are general obligations of the District, payable solely from the proceeds of ad valorem property taxes. The
Board of Supervisors of Los Angeles County is empowered and obligated to levy such ad valorem taxes, without limitation as
to rate or amount, upon all property within the District subject to taxation thereby (except certain personal property which is
taxable at limited rates), for the payment of principal of and interest on the Bonds when due.
The Bonds will be issued in book-entry form only, and will be initially issued and registered in the name of Cede & Co. as
nominee of The Depository Trust Company, New York, New York (collectively, “DTC”). Purchasers of the Bonds (the
“Beneficial Owners”) will not receive physical certificates representing their interest in the Bonds. The Bonds are issuable as
fully registered bonds in denominations of $5,000 or any integral multiple thereof.
The Bonds will be issued as current interest bonds such that interest thereon will accrue from the Date of Delivery of the
Bonds, and be payable semiannually on February 1 and August 1 of each year, commencing February 1, 2015 (each, a “Bond
Payment Date”). Payments of principal of and interest on the Bonds will be made by the designated paying agent, bond
registrar, authentication agent and transfer agent (collectively, the “Paying Agent”), to DTC for subsequent disbursement to
DTC Participants (defined herein) who will remit such payments to the Beneficial Owners of the Bonds. See “APPENDIX E
BOOK-ENTRY ONLY SYSTEM.” U.S. Bank National Association, Los Angeles, California, has been appointed as agent of
the Treasurer and Tax Collector of Los Angeles County to act as Paying Agent for the Bonds
The Bonds are subject to optional redemption and mandatory sinking fund redemption prior to their stated
maturity dates as further described herein.
*
MATURITY SCHEDULE*
(see inside front cover)
The Bonds will be offered when, as and if issued and received by the Underwriters, subject to the approval of legality by
Stradling Yocca Carlson & Rauth, a Professional Corporation, San Francisco, California, Bond Counsel and Disclosure
Counsel. Certain matters will be passed upon for the Underwriters by ___________________. The Bonds, in book-entry
form, will be available for delivery through the facilities of DTC in New York, New York on or about ________, 2014.
Wells Fargo Securities
J. P. Morgan
RBC Capital Markets
Dated: _______________, 2014
________________________
*
Preliminary, subject to change.
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MATURITY SCHEDULE
*
$___________
CERRITOS COMMUNITY COLLEGE DISTRICT
(Los Angeles County, California)
Election of 2004 General Obligation Bonds, Series 2014A
Base CUSIP
:156792
$_________ Serial Bonds
Maturity
(August 1)
Principal
Amount
Interest
Rate
Yield
CUSIP
$__________ _____% Term Bonds due August 1, 20__Yield _____% - CUSIP
___
*
Preliminary, subject to change.
CUSIP data herein is provided by CUSIP Global Services, managed by Standard & Poor’s Financial Services LLC on behalf of
the American Bankers Association. Neither the District nor the Underwriters are responsible for the selection or correctness of
the CUSIP numbers set forth herein.
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This Official Statement does not constitute an offering of any security other than the original offering of the
Bonds of the District. No dealer, broker, salesperson or other person has been authorized by the District to give any
information or to make any representations other than as contained in this Official Statement, and if given or made,
such other information or representation not so authorized should not be relied upon as having been given or
authorized by the District.
The issuance and sale of the Bonds have not been registered under the Securities Act of 1933 or the
Securities Exchange Act of 1934, both as amended, in reliance upon exemptions provided thereunder by Sections
3(a)2 and 3(a)12, respectively, for the issuance and sale of municipal securities. This Official Statement does not
constitute an offer to sell or a solicitation of an offer to buy in any state in which such offer or solicitation is not
authorized or in which the person making such offer or solicitation is not qualified to do so or to any person to
whom it is unlawful to make such offer or solicitation.
Certain information set forth herein has been obtained from sources outside the District which are believed
to be reliable, but such information is not guaranteed as to accuracy or completeness, and is not to be construed as a
representation by the District. The information and expressions of opinions herein are subject to change without
notice and neither delivery of this Official Statement nor any sale made hereunder shall, under any circumstances,
create any implication that there has been no change in the affairs of the District since the date hereof. This Official
Statement is submitted in connection with the sale of the Bonds referred to herein and may not be reproduced or
used, in whole or in part, for any other purpose.
When used in this Official Statement and in any continuing disclosure by the District in any press release
and in any oral statement made with the approval of an authorized officer of the District or any other entity
described or referenced in this Official Statement, the words or phrases “will likely result,” “are expected to,” “will
continue,” “is anticipated,” “estimate,” “project,” “forecast,” “expect,” “intend” and similar expressions identify
“forward looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Such
statements are subject to risks and uncertainties that could cause actual results to differ materially from those
contemplated in such forward-looking statements. Any forecast is subject to such uncertainties. Inevitably, some
assumptions used to develop the forecasts will not be realized and unanticipated events and circumstances may
occur. Therefore, there are likely to be differences between forecasts and actual results, and those differences may
be material.
The Underwriters have provided the following sentence for inclusion in this Official Statement.
“The Underwriters have reviewed the information in this Official Statement pursuant to
their responsibilities to investors under the federal securities laws, but the Underwriters
do not guarantee the accuracy or completeness of such information.”
IN CONNECTION WITH THIS OFFERING, THE UNDERWRITERS MAY OVERALLOT OR EFFECT
TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE MARKET PRICE OF THE BONDS AT A LEVEL
ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF
COMMENCED, MAY BE DISCONTINUED AT ANY TIME. THE UNDERWRITERS MAY OFFER AND
SELL THE BONDS TO CERTAIN DEALERS AND DEALER BANKS AND BANKS ACTING AS AGENT AT
PRICES LOWER THAN THE PUBLIC OFFERING PRICES STATED ON THE INSIDE COVER PAGE
HEREOF AND SAID PUBLIC OFFERING PRICES MAY BE CHANGED FROM TIME TO TIME BY THE
UNDERWRITERS.
The District maintains a website. However, the information presented on such website is not part of this
Official Statement, is not incorporated herein by any reference, and should not be relied upon in
making an
investment decision with respect to the Bonds.
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CERRITOS COMMUNITY COLLEGE DISTRICT
Board of Trustees
Carmen Avalos, President, Trustee Area 2
Dr. Sandra Salazar, Vice President, Trustee Area 6
Marisa Perez, Secretary, Trustee Area 4
Bob Arthur, Member, Trustee Area 1
John Paul Drayer, Member, Trustee Area 3
Dr. Shin Liu, Member, Trustee Area 5
Dr. Bob Hughlett, Member, Trustee Area 7
District Administration
Dr. Linda L. Lacy, President/Superintendent
David El Fattal, Vice President, Business Services/Assistant Superintendent
PROFESSIONAL SERVICES
Bond Counsel and Disclosure Counsel
Stradling Yocca Carlson & Rauth,
a Professional Corporation
San Francisco, California
Paying Agent, Registrar and Transfer Agent
U.S. Bank National Association,
as agent of the Los Angeles County Treasurer and Tax Collector
Los Angeles, California
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TABLE OF CONTENTS
Page
INTRODUCTION ....................................................................................................................................................... 1
THE DISTRICT ............................................................................................................................................................ 1
PURPOSE OF THE BONDS ............................................................................................................................................ 1
AUTHORITY FOR ISSUANCE OF THE BONDS ................................................................................................................ 2
SECURITY AND SOURCES OF PAYMENT FOR THE BONDS ............................................................................................ 2
DESCRIPTION OF THE BONDS ...................................................................................................................................... 2
TAX MATTERS ........................................................................................................................................................... 3
OFFERING AND DELIVERY OF THE BONDS .................................................................................................................. 3
BONDOWNERS RISKS ................................................................................................................................................ 3
CONTINUING DISCLOSURE ......................................................................................................................................... 3
FORWARD-LOOKING STATEMENTS ............................................................................................................................ 3
PROFESSIONALS INVOLVED IN THE OFFERING ............................................................................................................ 4
OTHER INFORMATION ................................................................................................................................................ 4
THE BONDS ................................................................................................................................................................ 5
AUTHORITY FOR ISSUANCE ........................................................................................................................................ 5
SECURITY AND SOURCES OF PAYMENT ...................................................................................................................... 5
GENERAL PROVISIONS ............................................................................................................................................... 6
APPLICATION AND INVESTMENT OF BOND PROCEEDS ................................................................................................ 6
ANNUAL DEBT SERVICE ............................................................................................................................................. 7
REDEMPTION .............................................................................................................................................................. 7
ESTIMATED SOURCES AND USES OF FUNDS ................................................................................................ 11
TAX BASE FOR REPAYMENT OF BONDS ........................................................................................................ 11
AD VALOREM PROPERTY TAXATION ......................................................................................................................... 11
ASSESSED VALUATIONS ........................................................................................................................................... 13
ASSESSED VALUATION AND PARCELS BY LAND USE ............................................................................................... 14
ALTERNATIVE METHOD OF TAX APPORTIONMENT - “TEETER PLAN...................................................................... 16
SECURED TAX CHARGED AND DELINQUENCIES ....................................................................................................... 17
PRINCIPAL TAXPAYERS ............................................................................................................................................ 17
TAX RATES .............................................................................................................................................................. 18
STATEMENT OF DIRECT AND OVERLAPPING DEBT ................................................................................................... 18
CONSTITUTIONAL AND STATUTORY PROVISIONS AFFECTING DISTRICT REVENUES AND
APPROPRIATIONS ................................................................................................................................................. 20
ARTICLE XIIIA OF THE CALIFORNIA CONSTITUTION ............................................................................................... 20
LEGISLATION IMPLEMENTING ARTICLE XIIIA ......................................................................................................... 21
UNITARY PROPERTY ................................................................................................................................................ 21
ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION ............................................................................................... 22
ARTICLE XIIIC AND ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION............................................................... 22
PROPOSITION 26 ....................................................................................................................................................... 23
PROPOSITION 98 ....................................................................................................................................................... 23
PROPOSITION 111 ..................................................................................................................................................... 24
PROPOSITION 39 ....................................................................................................................................................... 25
PROPOSITION 1A AND PROPOSITION 22 .................................................................................................................... 27
FUTURE INITIATIVES ................................................................................................................................................ 27
FUNDING OF COMMUNITY COLLEGE DISTRICTS IN CALIFORNIA ...................................................... 28
MAJOR REVENUES ................................................................................................................................................... 28
TAX SHIFTS AND TRIPLE FLIP .................................................................................................................................. 29
BUDGET PROCEDURES ............................................................................................................................................. 29
MINIMUM FUNDING GUARANTEES FOR CALIFORNIA COMMUNITY COLLEGE DISTRICTS UNDER PROPOSITIONS 98
AND
111 ........................................................................................................................................................... 32
STATE ASSISTANCE .................................................................................................................................................. 34
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TABLE OF CONTENTS (cont’d)
Page
ACCOUNTING PRACTICES ......................................................................................................................................... 37
COMPARATIVE FINANCIAL STATEMENTS ................................................................................................................. 37
CERRITOS COMMUNITY COLLEGE DISTRICT ............................................................................................ 39
GENERAL INFORMATION .......................................................................................................................................... 39
ADMINISTRATION ..................................................................................................................................................... 39
LABOR RELATIONS .................................................................................................................................................. 40
STATE RETIREMENT PROGRAMS .............................................................................................................................. 40
SUPPLEMENTAL EARLY RETIREMENT PROGRAM. .................................................................................................... 44
OTHER POST-EMPLOYMENT BENEFITS..................................................................................................................... 45
RISK MANAGEMENT ................................................................................................................................................ 46
DISTRICT DEBT STRUCTURE .................................................................................................................................... 46
TAX MATTERS ........................................................................................................................................................ 49
LEGAL MATTERS .................................................................................................................................................. 50
LEGALITY FOR INVESTMENT IN CALIFORNIA ........................................................................................................... 50
CONTINUING DISCLOSURE ....................................................................................................................................... 51
NO LITIGATION ........................................................................................................................................................ 51
INFORMATION REPORTING REQUIREMENTS ............................................................................................................. 51
LEGAL OPINION ....................................................................................................................................................... 51
MISCELLANEOUS .................................................................................................................................................. 51
RATINGS .................................................................................................................................................................. 51
FINANCIAL STATEMENTS ......................................................................................................................................... 52
UNDERWRITING ....................................................................................................................................................... 52
ADDITIONAL INFORMATION ..................................................................................................................................... 53
APPENDIX A: FORM OF OPINION OF BOND COUNSEL .................................................................................... A-1
APPENDIX B: E
XCERPTS FROM THE 2012-13 AUDITED FINANCIAL STATEMENTS OF THE DISTRICT ............. B-1
APPENDIX C: F
ORM OF CONTINUING DISCLOSURE CERTIFICATE ................................................................. C-1
APPENDIX D: E
CONOMIC AND DEMOGRAPHIC PROFILE OF THE CITIES OF CERRITOS AND
NORWALK, AND LOS ANGELES COUNTY ................................................................................ D-1
APPENDIX E: B
OOK-ENTRY ONLY SYSTEM .................................................................................................. E-1
APPENDIX F: L
OS ANGELES COUNTY INVESTMENT POOL ............................................................................ F-1
ii
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$100,000,000
CERRITOS COMMUNITY COLLEGE DISTRICT
(Los Angeles County, California)
Election of 2004 General Obligation Bonds, Series 2014A
INTRODUCTION
This Official Statement, which includes the cover page, inside cover page and appendices hereto,
provides information in connection with the sale of the Cerritos Community College District (Los Angeles
County, California) Election of 2004 General Obligation Bonds, Series 2014A (the “Bonds”).
This Introduction is not a summary of this Official Statement. It is only a brief description of and
guide to, and is qualified by, more complete and detailed information contained in the entire Official
Statement, including the cover page, inside cover page and appendices hereto, and the documents
summarized or described herein. A full review should be made of the entire Official Statement. The
offering of the Bonds to potential investors is made only by means of the entire Official Statement.
The District
The Cerritos Community College District (the “District”), founded in 1955, serves an area of 52
square miles of southeastern Los Angeles County (the “County”), and includes within its service area the
Cities of Artesia, Bellflower, Cerritos, Downey, Hawaiian Gardens, La Mirada, Norwalk, and portions of
Bell Gardens, Lakewood, Long Beach, Santa Fe Springs, and South Gate. The District currently operates
Cerritos College, which provides collegiate level instruction, degrees, and certificates in 87 areas of study in
grades 13 and 14. Cerritos College is fully accredited by the Accrediting Commission for Community and
Junior Colleges (the “ACCJC”). For fiscal year 2014-15, the District has a projected full-time equivalent
student (“FTES”) count of __________, and taxable property within the District has an assessed valuation
of $_________________.
The District is governed by a seven-member Board of Trustees (the “Board of Trustees”), each
member of which is elected to a four-year term. Elections for positions to the Board of Trustees are held
every two years, alternating between three and four available positions. The management and policies of
the District are administered by a President/Superintendent appointed by the Board of Trustees who is
responsible for day-to-day District operations as well as the supervision of the District’s other key
personnel. Dr. Linda L. Lacy currently serves as the President/Superintendent of the District and Mr. David
El Fattal currently serves as the Vice President, Business Services/Assistant Superintendent.
See “TAX BASE FOR REPAYMENT OF BONDS” for more information regarding the District’s
tax base, and “FUNDING OF COMMUNITY COLLEGE DISTRICTS IN CALIFORNIA” and
“CERRITOS COMMUNITY COLLEGE DISTRICT for more information regarding the District
generally.
Purpose of the Bonds
The proceeds from the sale of the Bonds will be used by the District to finance the acquisition,
construction, modernization and equipping of District sites and facilities, and to pay the costs of issuance
associated with the Bonds.
Preliminary, subject to change.
1
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Authority for Issuance of the Bonds
The Bonds are issued pursuant to certain provisions of the State of California Government Code
and pursuant to a resolution adopted by the Board of Trustees of the District. See “THE BONDS
Authority for Issuance.”
Security and Sources of Payment for the Bonds
The Bonds are general obligations of the District, payable solely from the proceeds of ad valorem
property taxes. The Board of Supervisors of the County is empowered and obligated to annually levy such
ad valorem taxes upon all property subject to taxation by the District, without limitation as to rate or
amount, for the payment of principal of and interest on the Bonds when due (except certain personal
property which is taxable at limited rates). SeeTHE BONDS Security and Sources of Payment” and
TAX BASE FOR REPAYMENT OF BONDS.
Description of the Bonds
Form and Registration. The Bonds will be issued in fully registered form only (without coupons),
initially registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York,
New York (“DTC”), and will be available to actual purchasers of the Bonds (the “Beneficial Owners”) in
the denominations set forth on the inside cover, under the book-entry only system maintained by DTC, only
through brokers and dealers who are or act through DTC Participants as described herein. Beneficial
Owners will not be entitled to receive physical delivery of the Bonds. See APPENDIX E
BOOK-
ENTRY ONLY SYSTEM.” In event that the book-entry only system described below is no longer used
with respect to the Bonds, the Bonds will be registered in accordance with the Resolution described herein.
See “THE BONDS
Transfer and Exchange of Bonds.
So long as Cede & Co. is the registered owner of the Bonds, as nominee of DTC, references
herein to the “Owners” or “Holders” of the Bonds (other than under the caption “INTRODUCTION
Tax Matters” and “TAX MATTERS,as well as in Appendix B) will mean Cede & Co. and will not
mean the Beneficial Owners of the Bonds.
Denominations. Individual purchases of interests in the Bonds will be available to purchasers of
the Bonds in the denominations of $5,000 principal amount, or any integral multiple thereof.
Redemption.
The Bonds maturing on or after August 1, 20__ are subject to redemption prior to
their respective stated maturity dates, at the option of the District, from any source of funds, on August 1,
20__, or on any date thereafter as a whole, or in part. The Bonds are also subject to mandatory sinking fund
redemption prior to maturity as further described herein. See “THE BONDS – Redemption.”
Payments. The Bonds will be issued as current interest bonds, such that interest thereon will accrue
from the initial date of delivery of the Bonds (the “Date of Delivery”), and is payable semiannually on each
February 1 and August 1, commencing February 1, 2015 (each, a “Bond Payment Date”). Principal of the
Bonds is payable on August 1 in the year, and amounts set forth on the inside cover page hereof. Payments
of the principal of and interest on the Bonds will be made by the designated paying agent, bond registrar,
authentication agent and transfer agent (the “Paying Agent”), to DTC for subsequent disbursement through
DTC Participants (defined herein) to the Beneficial Owners of the Bonds. U.S. Bank National Association
has been appointed as agent of the Treasurer and Tax Collector of the County (the “Treasurer”) to act as
Paying Agent for the Bonds.
Preliminary, subject to change.
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Tax Matters
In the opinion of Stradling Yocca Carlson & Rauth, a Professional Corporation, San Francisco,
California, Bond Counsel, based on existing statutes, regulations, rulings and judicial decisions and
assuming the accuracy of certain representations and compliance with certain covenants and requirements
described herein, interest on the Bonds is excluded from gross income for federal income tax purposes and
is not an item of tax preference for purposes of calculating the federal alternative minimum tax imposed on
individuals and corporations. In the further opinion of Bond Counsel, interest on the Bonds is exempt from
State of California personal income tax. In addition, the difference between the issue price of a Bond (the
first price at which a substantial amount of the Bonds of a maturity is to be sold to the public) and the stated
redemption price at maturity with respect to the Bond constitutes original issue discount, and the amount of
original issue discount that accrues to the owner of the Bond is excluded from gross income of such owner
for federal income tax purposes, is not an item of tax preference for purposes of the federal alternative
minimum tax imposed on individuals and corporations, and is exempt from State of California personal
income tax. See “TAX MATTERS.”
Offering and Delivery of the Bonds
The Bonds are offered when, as and if issued, subject to approval as to their legality by Bond
Counsel. It is anticipated that the Bonds in book-entry form will be available for delivery through the
facilities of DTC in New York, New York on or about _______________, 2014.
Bondowner’s Risks
The Bonds are general obligations of the District payable solely from the proceeds of ad valorem
taxes which may be levied without limitation as to rate or amount (except with respect to certain personal
property which is taxable at limited rates) on all taxable property in the District. For more complete
information regarding the District’s financial condition and taxation of property within the District, see
TAX BASE FOR REPAYMENT OF BONDS.”
Continuing Disclosure
The District will covenant for the benefit of the Owners and Beneficial Owners of the Bonds that it
will comply with and carry out all of the provisions of that certain Continuing Disclosure Certificate
relating to the disclosure of annual financial information and notices of certain events executed by the
District as of the date of issuance and delivery of the Bonds, as it may be amended from time to time in
accordance with the terms thereof. See “LEGAL MATTERS
Continuing Disclosure” andAPPENDIX C
FORM OF CONTINUING DISCLOSURE CERTIFICATE.”
Forward-Looking Statements
Certain statements included or incorporated by reference in this Official Statement constitute
“forward-looking statements” within the meaning of the United States Private Securities Litigation Reform
Act of 1995, Section 21E of the United States Securities Exchange Act of 1934, as amended, and Section
27A of the United States Securities Act of 1933, as amended. Such statements are generally identifiable by
the terminology used such as “plan,” “expect,” “estimate,” “project,” “intend,” “budget” or other similar
words. Such forward-looking statements include, but are not limited to, certain statements contained in the
information regarding the District herein.
THE ACHIEVEMENT OF CERTAIN RESULTS OR OTHER EXPECTATIONS CONTAINED
IN SUCH FORWARD-LOOKING STATEMENTS INVOLVE KNOWN AND UNKNOWN RISKS,
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UNCERTAINTIES AND OTHER FACTORS WHICH MAY CAUSE ACTUAL RESULTS,
PERFORMANCE OR ACHIEVEMENTS DESCRIBED TO BE MATERIALLY DIFFERENT FROM
ANY FUTURE RESULTS, PERFORMANCE OR ACHIEVEMENTS EXPRESSED OR IMPLIED BY
SUCH FORWARD-LOOKING STATEMENTS. THE DISTRICT DOES NOT PLAN TO ISSUE ANY
UPDATES OR REVISIONS TO THE FORWARD-LOOKING STATEMENTS SET FORTH IN THIS
OFFICIAL STATEMENT.
Professionals Involved in the Offering
Stradling Yocca Carlson & Rauth, a Professional Corporation, San Francisco, California, is acting
as Bond Counsel and Disclosure Counsel to the District with respect to the Bonds. Stradling Yocca
Carlson & Rauth will receive compensation from the District contingent upon the sale and delivery of the
Bonds. Certain matters will be passed on for the Underwriters (defined herein) by ______________.
Other Information
This Official Statement speaks only as of its date, and the information contained herein is subject to
change.
Copies of documents referred to herein and information concerning the Bonds are available from
Cerritos Community College District, 1110 Alondra Boulevard, Norwalk, California 90650, telephone:
(562) 860-2451. The District may impose a charge for copying, mailing and handling.
No dealer, broker, salesperson or other person has been authorized by the District to give any
information or to make any representations other than as contained herein and, if given or made, such other
information or representations must not be relied upon as having been authorized by the District. This
Official Statement does not constitute an offer to sell or the solicitation of an offer to buy nor shall there be
any sale of the Bonds by a person in any jurisdiction in which it is unlawful for such person to make such
an offer, solicitation or sale.
This Official Statement is not to be construed as a contract with the purchasers of the Bonds.
Statements contained in this Official Statement which involve estimates, forecasts or matters of opinion,
whether or not expressly so described herein, are intended solely as such and are not to be construed as
representations of fact. The summaries and references to documents, statutes and constitutional provisions
referred to herein do not purport to be comprehensive or definitive, and are qualified in their entireties by
reference to each such documents, statutes and constitutional provisions.
Certain information set forth herein, other than that provided by the District, has been obtained
from official sources which are believed to be reliable but it is not guaranteed as to accuracy or
completeness, and is not to be construed as a representation by the District. The information and
expressions of opinions herein are subject to change without notice and neither delivery of this Official
Statement nor any sale made hereunder shall, under any circumstances, create any implication that there has
been no change in the affairs of the District since the date hereof. This Official Statement is submitted in
connection with the sale of the Bonds referred to herein and may not be reproduced or used, in whole or in
part, for any other purpose.
Capitalized terms used but not otherwise defined herein shall have the meanings assigned to such
terms in the Resolution.
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THE
BONDS
Authority for Issuance
The Bonds are issued pursuant to the provisions of Article 4.5 of Chapter 3 of Part 1 of Division 2
of Title 5 of the Government Code of the State of California (the “Act”), Article XIIIA of the California
Constitution and pursuant to a resolution adopted by the Board of Trustees of the District on October 1,
2014 (the “Resolution”).
The District received authorization at an election held on November 6, 2012 by the requisite 55% or
more of the votes cast by eligible voters within the District to issue $350,000,000 of general obligation
bonds (the “2012 Authorization”). The Bonds represent the first series of bonds within the 2012
Authorization and, following the issuance thereof, $250,000,000
of bonds authorized by the 2012
Authorization will remain unissued.
Security and Sources of Payment
The Bonds are general obligations of the District, payable solely from the proceeds of ad valorem
property taxes. The Board of Supervisors of the County is empowered and obligated to annually levy such
ad valorem taxes, without limitation as to rate or amount, for the payment of the principal of and interest on
the Bonds when due, upon all property subject to taxation by the District (except certain personal property
which is taxable at limited rates). The levy may include an allowance for an annual reserve, established for
the purpose of avoiding fluctuating tax levies. While the County has historically levied ad valorem property
taxes to establish such a reserve for other bonds of the District, the County is not obligated to establish or
maintain such a reserve, and the District can make no representations that the County will do so in future
years. Ad valorem taxes, when collected, will be placed by the County in fund designated as the “Cerritos
Community College District, Election of 2012 General Obligation Bonds, Series 2014A Debt Service Fund
(the “Debt Service Fund”), which fund is segregated and maintained by the County and which is pledged to
the payment of the Bonds and interest thereon when due, and for no other purpose. Although the County is
obligated to levy an ad valorem property tax for the payment of the Bonds, and will maintain the Debt
Service Fund, the Bonds are not a debt of the County. See “TAX BASE FOR REPAYMENT OF BONDS
for information on the District’s tax base.
The moneys in the Debt Service Fund, to the extent necessary to pay the principal of and interest on
the Bonds as the same becomes due and payable, shall be transferred by the County to the Paying Agent,
who will in turn remit the funds to DTC for eventual disbursement to the Beneficial Owners of the Bonds.
The rate of the annual ad valorem property taxes levied by the County to repay the Bonds will be
determined by the relationship between the assessed valuation of taxable property in the District and the
amount of debt service due on the Bonds in any year. Fluctuations in the annual debt service on the Bonds
and the assessed value of taxable property in the District may cause the annual tax rates to fluctuate.
Economic and other factors beyond the District’s control, such as general market decline in land values,
disruption in financial markets that may reduce the availability of financings for purchases of property,
reclassification of property to a class exempt from taxation, whether by ownership or use (such as
exemptions for property owned by the State and local agencies and property used for qualified education,
hospital, charitable or religious purposes), or the complete or partial destruction of the taxable property
caused by a natural or manmade disaster, such as earthquake, flood or toxic contamination, could cause a
reduction in the assessed value of taxable property within the District and necessitate a corresponding
increase in the respective annual tax rates. For further information regarding the District’s assessed
Preliminary, subject to change.
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valuation, tax rates, overlapping debt, and other matters concerning taxation, see “CONSTITUTIONAL
AND STATUTORY PROVISIONS AFFECTING DISTRICT REVENUES AND APPROPRIATIONS
Article XIIIA of the California Constitution” and “TAX BASE FOR REPAYMENT OF BONDS
Assessed Valuations.”
General Provisions
The Bonds will be issued in book-entry form only and will be initially issued and registered in the
name of Cede & Co., as nominee of DTC. Beneficial Owners will not receive certificates representing their
interests in the Bonds.
The Bonds will be issued as current interest bonds, such that interest thereon will accrue from the
Date of Delivery, and be payable semiannually on each Bond Payment Date, commencing February 1,
2015. Interest on the Bonds will be computed on the basis of a 360-day year of twelve 30-day months.
Each Bond shall bear interest from the Bond Payment Date next preceding the date of authentication thereof
unless it is authenticated as of a day during the period from the 16th day of the month immediately
preceding any Bond Payment Date to and including such Bond Payment Date, in which event it shall bear
interest from such Bond Payment Date, or unless it is authenticated on or before January 15, 2015, in which
event it shall bear interest from its date. The Bonds are issuable in denominations of $5,000 principal
amount or any integral multiple thereof. The Bonds mature on August 1, in the years and amounts set forth
on the inside cover page hereof.
The principal of the Bonds will be payable in lawful money of the United States of America to the
registered Owner thereof, upon the surrender thereof at the principal office of the Paying Agent. The
interest on the Bonds will be payable in lawful money to the person whose name appears on the bond
registration books of the Paying Agent as the registered Owner thereof as of the close of business on the
15th day of the month preceding any Bond Payment Date (a “Record Date”), whether or not such day is a
business day, such interest to be paid by check mailed on such Bond Payment Date to such registered
Owner at such registered Owner’s address as it appears on such registration books or at such address as the
registered Owner may have filed with the Paying Agent for that purpose on or before such Record Date.
The interest payments on the Bonds will be made in immediately available funds (e.g., by wire transfer) to
any registered Owner of at least $1,000,000 of such outstanding Bonds who shall have requested in writing
such method of payment of interest on such Bonds prior to the close of business on the Record Date
immediately preceding any Bond Payment Date.
Application and Investment of Bond Proceeds
The proceeds from the sale of the Bonds will be used by the District to finance the acquisition,
construction, modernization and equipping of District sites and facilities, and to pay the costs of issuance of
the Bonds.
The net proceeds of the sale of the Bonds shall be deposited in the fund held by the County and
known as the “Cerritos Community College District, Election of 2012 General Obligation Bonds, Series
2014A Building Fund” (the “Building Fund”) and shall be applied only for the purposes for which the
Bonds are issued. Any interest earnings on moneys held in the Building Fund shall be retained therein. The
ad valorem property taxes levied by the County for the payment of the Bonds, when collected, will be
deposited into the Debt Service Fund. Any accrued interest or premium received by the County on the sale
of the Bonds shall be deposited in the Debt Service Fund. Any interest earnings on moneys held in the Debt
Service Fund shall be retained therein. If, after all of the Bonds have been redeemed or paid and otherwise
cancelled, there are moneys remaining in the Debt Service Fund or otherwise held in trust for the payment
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of the redemption price of the Bonds, said moneys shall be transferred to the general fund of the District as
provided and permitted by law.
Moneys in the Debt Service Fund and the Building Fund are expected to be invested through the
County’s pooled investment fund. SeeAPPENDIX F
LOS ANGELES COUNTY INVESTMENT
POOL.”
Annual Debt Service
The following table summarizes the debt service requirements of the District for the Bonds
(assuming no optional redemptions):
Year
Ending
(August 1)
Annual
Principal
Payment
Annual
Interest
Payment
(1)
Total Annual
Debt Service
Payment
__________________________
(1)
Interest payments on the Bonds will be made semiannually on February 1 and August 1 of each year,
commencing February 1, 2015.
See “CERRITOS COMMUNITY COLLEGE DISTRICT District Debt Structure General
Obligation Bonds” for a schedule of the total annual debt service requirements for all of the District’s
outstanding general obligation bonds.
Redemption
Optional Redemption.
The Bonds maturing on or before August 1, 20__ are not subject to
redemption prior to their respective stated maturity dates. The Bonds maturing on or after August 1, 20__
are subject to redemption prior to their stated maturity dates, at the option of the District, from any source of
available funds, in whole or in part on any date on or after August 1, 20__, at a redemption price equal to
the principal amount of the Bonds called for redemption, without premium, together with interest accrued
thereon to the date of redemption.
Mandatory Sinking Fund Redemption.
*
The Term Bonds maturing on August 1, 20__ are subject
to redemption prior to maturity from mandatory sinking fund payments on August 1 of each year, on and
after August 1, 20__, at a redemption price equal to the principal amount thereof, plus interest accrued to
the date set forth for redemption, without premium. The principal amount of such Term Bonds to be so
Preliminary, subject to change.
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redeemed and the redemption dates therefor, and the final principal payment date is as indicated in the
following table:
Redemption Date
(August 1)
Principal Amount
to be Redeemed
_______________________________
(1)
Maturity.
In the event that portions of the Term Bonds shown above are optionally redeemed prior to their
respective maturity dates, the remaining mandatory sinking fund payments with respect thereto shall be
reduced proportionately, in integral multiples of $5,000 principal amount, in respect of the portion of such
Term Bonds optionally redeemed.
Selection of Bonds for Redemption. Whenever provision is made for the redemption of Bonds and
less than all Bonds are to be redeemed, the Paying Agent, upon written instruction from the District, shall
select Bonds for redemption as so directed and if not directed, in inverse order of maturity. Within a
maturity, the Paying Agent shall select Bonds for redemption by lot. Redemption by lot shall be in such
manner as the Paying Agent shall determine; provided, however
, that the portion of any Bond to be
redeemed in part shall be in a principal amount of $5,000, or any integral multiple thereof.
Redemption Notice. When redemption is authorized or required pursuant to the Resolution, the
Paying Agent, upon written instruction from the District, will give notice (a “Redemption Notice”) of the
redemption of the Bonds. Each Redemption Notice will specify (a) the Bonds or designated portions
thereof (in the case of redemption of the Bonds in part but not in whole) which are to be redeemed, (b) the
date of redemption, (c) the place or places where the redemption will be made, including the name and
address of the Paying Agent, (d) the redemption price, (e) the CUSIP numbers (if any) assigned to the
Bonds to be redeemed, (f) the Bond numbers of the Bonds to be redeemed in whole or in part and, in the
case of any Bond to be redeemed in part only, the principal amount of such Bond to be redeemed, and (g)
the original issue date, interest rate and stated maturity date of each Bond to be redeemed in whole or in
part.
The Paying Agent will take the following actions with respect to each such Redemption Notice: (a)
at least 20 but not more than 45 days prior to the redemption date, such Redemption Notice will be given to
the respective Owners of Bonds designated for redemption by registered or certified mail, postage prepaid,
at their addresses appearing on the bond register; (b) at least 20 but not more than 45 days prior to the
redemption date, such Redemption Notice will be given by registered or certified mail, postage prepaid,
telephonically confirmed facsimile transmission, or overnight delivery service, to the Securities Depository;
(c) at least 20 but not more than 45 days prior to the redemption date, such Redemption Notice will be given
by registered or certified mail, postage prepaid, or overnight delivery service, to one of the Information
Services; and (d) to such other persons as may be required pursuant to the Continuing Disclosure
Certificate.
“Information Services” means Financial Information, Inc.’s “Daily Called Bond Service,” 1
Cragwood Road, 2nd Floor, South Plainfield, New Jersey 07080, Attention: Editor; Mergent Inc., 585
Kingsley Park Drive, Fort Mill, South Carolina 29715, Attention: Called Bond Department; and Standard
and Poor’s J.J. Kenny Information Services’ “Called Bond Record,” 55 Water Street, 45th Floor, New
York, New York 10041.
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“Securities Depository” shall mean The Depository Trust Company, 55 Water Street, New York,
New York 10041, Fax (212) 855-1000 or Fax (212) 855-7320.
A certificate of the Paying Agent or the District that a Redemption Notice has been given as
provided in the Resolution will be conclusive as against all parties. Neither failure to receive any
Redemption Notice nor any defect in any such Redemption Notice so given will affect the sufficiency of the
proceedings for the redemption of the affected Bonds. Each check issued or other transfer of funds made by
the Paying Agent for the purpose of redeeming Bonds will bear or include the CUSIP number identifying,
by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer.
Payment of Redeemed Bonds. When a Redemption Notice has been given substantially as
described above, and, when the amount necessary for the redemption of the Bonds called for redemption
(principal, interest, and premium, if any) is irrevocably set aside in trust for that purpose, as described in
“—Defeasance,” the Bonds designated for redemption in such notice will become due and payable on the
date fixed for redemption thereof and upon presentation and surrender of said Bonds at the place specified
in the Redemption Notice, said Bonds will be redeemed and paid at the redemption price out of such funds.
All unpaid interest payable at or prior to the redemption date will continue to be payable to the respective
Owners, but without interest thereon.
Partial Redemption of Bonds. Upon the surrender of any Bond redeemed in part only, the Paying
Agent will execute and deliver to the Owner thereof a new Bond or Bonds of like tenor and maturity and of
authorized denominations equal in principal amounts to the unredeemed portion of the Bond surrendered.
Such partial redemption is valid upon payment of the amount required to be paid to such Owner, and the
County and the District will be released and discharged thereupon from all liability to the extent of such
payment.
Effect of Redemption Notice. If on the applicable designated redemption date, money for the
redemption of the Bonds to be redeemed, together with interest to such redemption date, is held by an
independent escrow agent selected by the District so as to be available therefor on such redemption date as
described in “Defeasance,” and if a Redemption Notice thereof will have been given substantially as
described above, then from and after such redemption date, interest on the Bonds to be redeemed shall cease
to accrue and become payable.
Rescission of Redemption Notice. With respect to any Redemption Notice in connection with the
optional redemption of Bonds (or portions thereof) as described above, unless upon the giving of such
notice such Bonds or portions thereof shall be deemed to have been defeased as described in
Defeasance,” such Redemption Notice will state that such redemption will be conditional upon the receipt
by an independent escrow agent selected by the District, on or prior to the date fixed for such redemption,
of the moneys necessary and sufficient to pay the principal, and premium, if any, and interest on, such
Bonds (or portions thereof) to be redeemed, and that if such moneys shall not have been so received said
Redemption Notice will be of no force and effect, no portion of the Bonds will be subject to redemption on
such date and such Bonds will not be required to be redeemed on such date. In the event that such
Redemption Notice contains such a condition and such moneys are not so received, the redemption will not
be made and the Paying Agent will within a reasonable time thereafter (but in no event later than the date
originally set for redemption) give notice to the persons to whom and in the manner in which the
Redemption Notice was given that such moneys were not so received. In addition, the District will have the
right to rescind any Redemption Notice, by written notice to the Paying Agent, on or prior to the date fixed
for such redemption. The Paying Agent will distribute a notice of the rescission of such Redemption Notice
in the same manner as such notice was originally provided.
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Bonds No Longer Outstanding. When any Bonds (or portions thereof), which have been duly
called for redemption prior to maturity, or with respect to which irrevocable instructions to call for
redemption prior to maturity at the earliest redemption date have been given to the Paying Agent, in form
satisfactory to it, and sufficient moneys shall be held irrevocably in trust for the payment of the redemption
price of such Bonds or portions thereof, and, accrued interest thereon to the date fixed for redemption, then
such Bonds will no longer be deemed outstanding and shall be surrendered to the Paying Agent for
cancellation.
Transfer and Exchange of Bonds
Any Bond may be exchanged for Bonds of like tenor, maturity and principal amount, upon
presentation and surrender at the principal office of the Paying Agent, together with a request for exchange
signed by the registered Owner or by a person legally empowered to do so in a form satisfactory to the
Paying Agent. A Bond may be transferred only on the Bond Register by the person in whose name it is
registered, in person or by his duly authorized attorney, upon surrender of such Bond for cancellation at the
office of the Paying Agent, accompanied by delivery of a written instrument of transfer in a form approved
by the Paying Agent, duly executed. Upon exchange or transfer, the Paying Agent shall register,
authenticate and deliver a new Bond or Bonds of like tenor and of any authorized denomination or
denominations requested by the Owner equal to the principal amount of the Bond surrendered and bearing
interest at the same rate and maturing on the same date.
Neither the District nor the Paying Agent will be required (a) to issue or transfer any Bonds during
a period beginning with the opening of business on the 16th business day next preceding any Bond Payment
Date, the stated maturity of any of the Bonds or any date of selection of Bonds to be redeemed and ending
with the close of business on the applicable Bond Payment Date, the close of business on the applicable
stated maturity date or any day on which the applicable notice of redemption is given or (b) to transfer any
Bonds which have been selected or called for redemption in whole or in part.
Defeasance
All or any portion of the outstanding maturities of the Bonds may be defeased prior to maturity in
the following ways:
(a) Cash
: by irrevocably depositing with an independent escrow agent selected by the
District an amount of cash which, together with any amounts transferred from the Debt Service
Fund, is sufficient to pay and discharge all Bonds outstanding and designated for defeasance
(including all principal thereof, interest thereon and redemption premiums, if any), at or before their
maturity date; or
(b) Government Obligations: by irrevocably depositing with an independent escrow
agent selected by the District noncallable Government Obligations, together with cash and any
amounts transferred from the Debt Service Fund, in such amount as will, together with interest to
accrue thereon, in the opinion of an independent certified public accountant, be fully sufficient to
pay and discharge all Bonds outstanding and designated for defeasance (including all principal
thereof, interest thereon and redemption premiums, if any) at or before their maturity date;
then, notwithstanding that any such Bonds shall not have been surrendered for payment, all obligations of
the District with respect to all outstanding Bonds shall cease and terminate, except only the obligation of
such escrow agent to pay or cause to be paid from funds deposited pursuant to paragraphs (a) or (b) above,
to the Owners of such Bonds not so surrendered and paid all sums due with respect thereto.
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“Government Obligations” means direct and general obligations of the United States of America, or
obligations that are unconditionally guaranteed as to principal and interest by the United States of America
(which may consist of obligations of the Resolution Funding Corporation that constitute interest strips), or
“prerefunded” municipal obligations rated in the highest rating category by Moody’s Investors Service
(“Moody’s”) or Standard & Poor’s Ratings Service, a Standard & Poor’s Financial Services, LLC business
(“S&P”). In the case of direct and general obligations of the United States of America, Government
Obligations shall include evidences of direct ownership of proportionate interests in future interest or
principal payments of such obligations. Investments in such proportionate interests must be limited to
circumstances where (a) a bank or trust company acts as custodian and holds the underlying United States
obligations; (b) the owner of the investment is the real party in interest and has the right to proceed directly
and individually against the obligor of the underlying United States obligations; and (c) the underlying
United States obligations are held in a special account, segregated from the custodian’s general assets, and
are not available to satisfy any claim of the custodian, any person claiming through the custodian, or any
person to whom the custodian may be obligated; provided that such obligations are rated or assessed at least
as high as direct and general obligations of the United States of America by S&P and Moody’s.
ESTIMATED
SOURCES AND USES OF FUNDS
The proceeds of the Bonds are expected to be applied as follows:
Sources of Funds
Principal Amount of Bonds
Net Premium
Total Sources
Uses of Funds
Building Fund
Debt Service Fund
Costs of Issuance
(1)
Total Uses
(1)
Reflects all initial costs of issuance, including but not limited to, the Underwriting discount, legal fees, printing expenses,
demographics, filing fees and the costs and fees of the Paying Agent.
TAX BASE FOR REPAYMENT OF BONDS
The information in this section describes ad valorem property taxation, assessed valuation, and
other measures of the tax base of the District. The Bonds are payable solely from ad valorem property
taxes levied and collected by the County on taxable property in the District. The District’s general fund is
not a source for the repayment of the Bonds.
Ad Valorem Property Taxation
District property taxes are assessed and collected by the County at the same time and on the same
rolls as special district property taxes. Assessed valuations are the same for both District and County taxing
purposes.
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Taxes are levied for each fiscal year on taxable real and personal property which is located in the
District as of the preceding January 1. For assessment and collection purposes, property is classified either
as “secured” or “unsecured” and is listed accordingly on separate parts of the assessment roll. The “secured
roll” is that part of the assessment roll containing State assessed public utilities property and real property
having a tax lien which is sufficient, in the opinion of the assessor, to secure payment of the taxes. Other
property is assessed on the “unsecured roll.” A supplemental roll is developed when property changes
hands or new construction is completed. The County levies and collects all property taxes for property
falling within the County’s taxing boundaries.
The valuation of secured property is established as of January 1 and is subsequently equalized in
August. Property taxes on the secured roll are due in two installments, November 1 and February 1 of the
calendar year. If unpaid, such taxes become delinquent after December 10 and April 10, respectively, and a
10% penalty attaches to any delinquent installment plus a $10 cost on the second installment, plus any
additional amount determined by the Treasurer. Property on the secured roll with delinquent taxes is
declared tax-defaulted on or about June 30 of the calendar year. Such property may thereafter be redeemed
by payment of the delinquent taxes and the delinquency penalty, plus a $15 redemption fee and a
redemption penalty of 1.5% per month to the time of redemption. If taxes are unpaid for a period of five
years or more, the property is subject to sale by the Treasurer.
Property taxes on the unsecured roll are due as of the January 1 lien date and become delinquent if
they are not paid by August 31. In the case of unsecured property taxes, a 10% penalty attaches to
delinquent taxes on property on the unsecured roll, and an additional penalty of 1.5% per month begins to
accrue beginning November 1 of the fiscal year, and a lien may be recorded against the assessee. The
taxing authority has four ways of collecting unsecured personal property taxes: (1) a civil action against the
assessee; (2) filing a certificate in the office of the County Clerk specifying certain facts in order to obtain a
judgment lien on specific property of the assessee; (3) filing a certificate of delinquency for record in the
County Recorder’s office in order to obtain a lien on specified property of the assessee; and (4) seizure and
sale of personal property, improvements or possessory interests belonging or assessed to the assessee. See
also “Secured Tax Charges and Delinquencies.”
State law exempts from taxation $7,000 of the full cash value of an owner-occupied dwelling, but
this exemption does not result in any loss of revenue to local agencies, since the State reimburses local
agencies for the value of the exemptions.
All property is assessed using full cash value as defined by Article XIIIA of the State Constitution.
State law provides exemptions from ad valorem property taxation for certain classes of property such as
churches, colleges, non-profit hospitals, and charitable institutions.
Assessed valuation growth allowed under Article XIIIA (new construction, certain changes of
ownership, 2% inflation) is allocated on the basis of “situs” among the jurisdictions that serve the tax rate
area within which the growth occurs. Local agencies, including community college districts, share the
growth of “base” revenues from the tax rate area. Each year’s growth allocation becomes part of each
agency’s allocation in the following year.
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Assessed Valuations
The following represents the 10-year history of assessed valuations in the District.
ASSESSED VALUATIONS
Fiscal Years 2005-06 through 2014-15
Cerritos Community College District
Local Secured Utility Unsecured Total
% Change
2005-06
$27,852,368,237
$12,153,385
$1,317,817,133
$29,182,438,755
--
2006-07
30,688,234,331
10,680,836
1,374,224,839
32,073,140,006
9.91%
2007-08
33,298,404,621
7,085,881
1,382,779,376
34,688,269,878
8.15
2008-09
34,982,773,138
7,473,604
1,510,125,110
36,500,371,852
5.22
2009-10
33,656,319,921
7,131,220
2,144,626,941
35,808,078,082
(1.90)
2010-11
33,445,340,169
7,130,890
1,474,919,116
34,927,390,175
(2.46)
2011-12
34,085,647,852
6,570,158
1,477,728,807
35,569,946,817
1.84
2012-13
2013-14
2014-15
Source: California Municipal Statistics, Inc.
Economic and other factors beyond the District’s control, such as general market decline in
property values, disruption in financial markets that may reduce availability of financing for purchasers of
property, reclassification of property to a class exempt from taxation, whether by ownership or use (such as
exemptions for property owned by the State and local agencies and property used for qualified education,
hospital, charitable or religious purposes), or the complete or partial destruction of the taxable property
caused by a natural or manmade disaster, such as earthquake, flood or toxic contamination, could cause a
reduction in the assessed value of taxable property within the District. Any such reduction would result in a
corresponding increase in the annual tax rate levied by the County to pay the debt service with respect to the
Bonds. See “THE BONDSSecurity and Sources of Payment.”
Appeals and Adjustments of Assessed Valuations. Under California law, property owners may
apply for a reduction of their property tax assessment by filing a written application, in form prescribed by
the State Board of Equalization (“SBE”), with the appropriate county board of equalization or assessment
appeals board. County assessors may independently reduce assessed values as well based upon the above
factors or reductions in the fair market value of the taxable property. In most cases, an appeal is filed
because the applicant believes that present market conditions (such as residential home prices) cause the
property to be worth less than its current assessed value. Any reduction in the assessment ultimately
granted as a result of such appeal applies to the year for which application is made and during which the
written application was filed. Such reductions are subject to yearly reappraisals and may be adjusted back
to their original values when market conditions improve. Once the property has regained its prior value,
adjusted for inflation, it once again is subject to the annual inflationary factor growth rate allowed under
Article XIIIA. See “CONSTITUTIONAL AND STATUTORY PROVISIONS AFFECTING DISTRICT
REVENUES AND APPROPRIATIONS Article XIIIA of the California Constitution.”
A second type of assessment appeal involves a challenge to the base year value of an assessed
property. Appeals for reduction in the base year value of an assessment, if successful, reduce the
assessment for the year in which the appeal is taken and prospectively thereafter. The base year is
determined by the completion date of new construction or the date of change of ownership. Any base year
appeal must be made within four years of the change of ownership or new construction date.
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The District does not have information regarding pending appeals of assessed valuation of property
within the District. No assurance can be given that property tax appeals currently pending or in the future
will not significantly reduce the assessed valuation of property within the District.
Assessed Valuation and Parcels by Land Use
The following is an analysis of the District’s assessed valuation (excluding utility and unsecured
property) by land use.
ASSESSED VALUATION AND PARCELS BY LAND USE
Fiscal Year 2014-15
Cerritos Community College District
_________________________________
(1)
Local secured assessed valuation; excluding tax-exempt property.
Source: California Municipal Statistics, Inc.
Assessed Valuation by Jurisdiction
The following table shows the assessed valuation by jurisdiction in fiscal year 2014-15 in the
District.
ASSESSED VALUATION BY JURISDICTION
(1)
Fiscal Year 2014-15
Cerritos Community College District
(1)
Before deduction of redevelopment incremental valuation.
Source: California Municipal Statistics, Inc.
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Assessed Valuation of Single Family Homes
The following table is a per parcel analysis of the assessed valuation of single-family homes within
the District, in terms of their fiscal year 2014-15 assessed valuation.
ASSESSED VALUATION OF SINGLE FAMILY HOMES
Fiscal Year 2014-15
Cerritos Community College District
No. of 2014-15 Average Median
Parcels Assessed Valuation Assessed Valuation
Assessed Valuation
Single Family Residential
2014-15 No. of % of Cumulative Total % of Cumulative
Assessed Valuation Parcels
(1)
Total % of Total Valuation Total % of Total
(1)
Improved single family residential parcels. Excludes condominiums and parcels with multiple family units.
Source: California Municipal Statistics, Inc.
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Assessed Valuation and Parcels by Land Use
The following show a per-parcel analysis of the distribution of taxable property within the District
by principal use, and the fiscal year 2014-15 assessed valuation of such parcels.
ASSESSED VALUATION AND PARCELS BY LAND USE
Fiscal Year 2014-15
Cerritos Community College District
(1)
Local secured assessed valuation, excluding tax-exempt property.
Source: California Municipal Statistics, Inc.
Alternative Method of Tax Apportionment - “Teeter Plan”
Certain counties in the State of California operate under a statutory program entitled Alternate
Method of Distribution of Tax Levies and Collections and of Tax Sale Proceeds (the “Teeter Plan”). Under
the Teeter Plan local taxing entities receive 100% of their tax levies net of delinquencies, but do not receive
interest or penalties on delinquent taxes collected by the county. The County has not
adopted the Teeter
Plan, and consequently the Teeter Plan is not available to local taxing entities within the County, such
as the District. The District’s receipt of property taxes is therefore subject to delinquencies.
The District participates in the California Statewide Delinquent Tax Finance Authority
(“CSDTFA”). CSDTFA is a joint exercise of powers agency formed for the purpose of purchasing
delinquent ad valorem property taxes of its members in accordance with Section 6516.6 of the Government
Code of the State of California. The District anticipates that CSDTFA will from time to time purchase
delinquent ad valorem property tax receivables from the District at a purchase price equal to 108.5% of
such receivable. Any penalty charges collected with respect to such delinquencies will be retained by
CSDTFA. CSDTFA does not ensure that the District will receive the timely payment of ad valorem
property taxes levied to secure the Bonds. Also, the District can make no assurance that it will continue to
participate in CSDTFA in the future. See also “—Ad Valorem Property Taxation.”
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Secured Tax Charged and Delinquencies
The annual secured tax levies and delinquencies for fiscal years 2007-08 through 2013-14 are
shown below.
SECURED TAX CHARGES AND DELINQUENCIES
Fiscal Year 2007-08 through 2013-14
Cerritos Community College District
Secured
Tax Charge
(1)
Amt. Del.
June 30
% Del.
June 30
2007-08
$8,495,812.55
$423,998.38
4.99%
2008-09
8,911,113.22
416,940.68
4.68
2009-10
8,727,805.05
299,101.08
3.43
2010-11
8,552,167.50
204,941.60
2.40
2011-12
2012-13
2013-14
Secured
Tax Charge
(2)
Amt. Del.
June 30
% Del.
June 30
2007-08
$3,541,457.85
$215,739.61
6.09%
2008-09
3,423,227.03
162,700.38
4.75
2009-10
6,155,721.68
192,477.15
3.13
2010-11
8,829,149.06
179,392.22
2.03
2011-12
2012-13
2013-14
(1)
1% General Fund apportionment. Excludes Successor Agency (defined herein) impounds. Reflects county-wide delinquency
rate.
(2)
Bond debt service levy only
Source: California Municipal Statistics, Inc.
Principal Taxpayers
The following table lists the major taxpayers in the District in terms of their 2014-15 secured
assessed valuations.
LARGEST 2014-15 LOCAL SECURED TAXPAYERS
Cerritos Community College District
(1)
2014-15 Local Secured Assessed Valuation: $______________.
Source: California Municipal Statistics, Inc.
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Tax Rates
The table below demonstrates the total ad valorem tax rates levied by all taxing entities, as a
percentage of assessed valuation, in typical tax rate area (“TRA”) of the District during the five-year period
from 2010-11 through 2014-15.
TYPICAL TAX RATES - TRA 3304
Fiscal Year 2010-11 through 2014-15
Cerritos Community College District
2010-11
2011-12
2012-13
2013-14
2014-15
General
1.000000%
1.000000%
Los Angeles County
--
--
Cerritos Community College District
.026773
.067254
Downey Unified School District
.070182
.017822
Los Angeles County Flood Control District
--
--
Metropolitan Water District
.003700
.003700
Total
1.100655%
1.088776%
(1)
2014-15 assessed valuation of TRA 3304 is $____________, which represents ____% of the District’s total assessed valuation.
Source: California Municipal Statistics, Inc.
Statement of Direct and Overlapping Debt
Set forth on the following page is a direct and overlapping debt report (the “Debt Report”) prepared
by California Municipal Statistics, Inc. effective as of __________, 2014, for debt issued as of __________,
2014. The Debt Report is included for general information purposes only. The District has not reviewed
the Debt Report for completeness or accuracy and makes no representation in connection therewith.
The Debt Report generally includes long-term obligations sold in the public credit markets by
public agencies whose boundaries overlap the boundaries of the District in whole or in part. Such long-
term obligations generally are not payable from revenues of the District (except as indicated) nor are they
necessarily obligations secured by land within the District. In many cases, long-term obligations issued by
a public agency are payable only from the general fund or other revenues of such public agency.
The table shows the percentage of each overlapping entity’s assessed value located within the
boundaries of the District. The table also shows the corresponding portion of the overlapping entity’s
existing debt payable from property taxes levied within the District. The total amount of debt for each
overlapping entity is not given in the table.
The first column in the table names each public agency which has outstanding debt as of the date of
the report and whose territory overlaps the District in whole or in part. The second column shows the
percentage of each overlapping agency’s assessed value located within the boundaries of the District. This
percentage, multiplied by the total outstanding debt of each overlapping agency (which is not shown in the
table) produces the amount shown in the third column, which is the apportionment of each overlapping
agency’s outstanding debt to taxable property in the District.
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STATEMENT OF DIRECT AND OVERLAPPING BONDED DEBT
Cerritos Community College District
_______________________
Source: California Municipal Statistics, Inc.
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CONSTITUTIONAL
AND STATUTORY PROVISIONS AFFECTING DISTRICT
REVENUES
AND APPROPRIATIONS
The principal of and interest on the Bonds are payable from the proceeds of an ad valorem property
tax levied by the County for the payment thereof. See “THE BONDS Security and Sources of Payment”
Articles XIIIA, XIIIB, XIIIC and XIIID of the Constitution, Propositions 98 and 111, and certain other
provisions of law discussed below, are included in this section to describe the potential effect of these
Constitutional and statutory measures on the ability of the County to levy taxes on behalf of the District and
the District spend tax proceeds for operating and other purposes, and it should not be inferred from the
inclusion of such materials that these laws impose any limitation on the ability of the County to levy taxes
for payment of the Bonds. The tax levied by the County for payment of the Bonds was approved by the
District’s voters in compliance with Article XIIIA, Article XIIIC, and all applicable laws.
Article XIIIA of the California Constitution
Article XIIIA (“Article XIIIA”) of the State Constitution limits the amount of ad valorem property
taxes on real property to 1% of “full cash value” as determined by the county assessor. Article XIIIA
defines “full cash value” to mean “the county assessor’s valuation of real property as shown on the 1975-76
bill under ‘full cash value,’ or thereafter, the appraised value of real property when purchased, newly
constructed or a change in ownership has occurred after the 1975 assessment,” subject to exemptions in
certain circumstances of property transfer or reconstruction. Determined in this manner, the full cash value
is also referred to as the “base year value.” The full cash value is subject to annual adjustment to reflect
increases, not to exceed 2% for any year, or decreases in the consumer price index or comparable local data,
or to reflect reductions in property value caused by damage, destruction or other factors.
Article XIIIA has been amended to allow for temporary reductions of assessed value in instances
where the fair market value of real property falls below the adjusted base year value described above.
Proposition 8approved by the voters in November of 1978provides for the enrollment of the lesser of
the base year value or the market value of real property, taking into account reductions in value due to
damage, destruction, depreciation, obsolescence, removal of property, or other factors causing a similar
decline. In these instances, the market value is required to be reviewed annually until the market value
exceeds the base year value. Reductions in assessed value could result in a corresponding increase in the
annual tax rate levied by the County to pay debt service on the Bonds. See “THE BONDS Security and
Sources of Paymentand “TAX BASE FOR REPAYMENT OF BONDS.”
Article XIIIA requires a vote of two-thirds of the qualified electorate of a city, county, special
district or other public agency to impose special taxes, while totally precluding the imposition of any
additional ad valorem, sales or transaction tax on real property. Article XIIIA exempts from the 1% tax
limitation any taxes above that level required to pay debt service (i) on any indebtedness approved by the
voters prior to July 1, 1978, or (ii) as the result of an amendment approved by State voters on July 3, 1986,
on any bonded indebtedness approved by two-thirds of the votes cast by the voters for the acquisition or
improvement of real property on or after July 1, 1978, or (iii) bonded indebtedness incurred by a school
district or community college district for the construction, reconstruction, rehabilitation or replacement of
school facilities or the acquisition or lease of real property for school facilities, approved by 55% or more of
the votes cast on the proposition, but only if certain accountability measures are included in the proposition.
In addition, Article XIIIA requires the approval of two-thirds of all members of the state legislature to
change any state taxes for the purpose of increasing tax revenues.
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Legislation Implementing Article XIIIA
Legislation has been enacted and amended a number of times since 1978 to implement
Article XIIIA. Under current law, local agencies are no longer permitted to levy directly any property tax
(except to pay voter-approved indebtedness). The 1% property tax is automatically levied by the counties
and distributed according to a formula among taxing agencies. The formula apportions the tax roughly in
proportion to the relative shares of taxes levied prior to 1979.
That portion of annual property tax revenues generated by increases in assessed valuations within
each tax rate area within a county, subject to claims, if any, on tax increment and subject to changes in
organizations, if any, of affected jurisdictions, is allocated to each jurisdiction within the tax rate area in the
same proportion that the total property tax revenue from the tax rate area for the prior year was allocated to
such jurisdictions.
Increases of assessed valuation resulting from reappraisals of property due to new construction,
change in ownership or from the annual adjustment not to exceed 2% are allocated among the various
jurisdictions in the “taxing area” based upon their respective “situs.” Any such allocation made to a local
agency continues as part of its allocation in future years.
Beginning in fiscal year 1981-82, assessors in California no longer record property values on tax
rolls at the assessed value of 25% of market value which was expressed as $4 per $100 of assessed value.
All taxable property is now shown at 100% of assessed value on the tax rolls. Consequently, the tax rate is
expressed as $1 per $100 of taxable value. All taxable property value included in this Official Statement is
shown at 100% of taxable value (unless noted differently) and all tax rates reflect the $1 per $100 of taxable
value.
Both the United States Supreme Court and the California State Supreme Court have upheld the
general validity of Article XIIIA.
Unitary Property
Some amount of property tax revenue of the District is derived from utility property which is
considered part of a utility system with components located in many taxing jurisdictions (“unitary
property”). Under the State Constitution, such property is assessed by the SBE as part of a “going concern”
rather than as individual pieces of real or personal property. State-assessed unitary and certain other
property is allocated to the counties by SBE, taxed at special county-wide rates, and the tax revenues
distributed to taxing jurisdictions (including the District) according to statutory formulae generally based on
the distribution of taxes in the prior year.
The California electric utility industry has been undergoing significant changes in its structure and
in the way in which components of the industry are regulated and owned. Sale of electric generation assets
to largely unregulated, nonutility companies may affect how those assets are assessed, and which local
agencies are to receive the property taxes. The District is unable to predict the impact of these changes on
its utility property tax revenues, or whether legislation may be proposed or adopted in response to industry
restructuring, or whether any future litigation may affect ownership of utility assets or the State’s methods
of assessing utility property and the allocation of assessed value to local taxing agencies, including the
District. So long as the District is not a Basic Aid district (as defined herein), taxes lost through any
reduction in utility assessed valuation will be compensated by the State as equalization aid under the State
education financing formula. See “FUNDING OF COMMUNITY COLLEGE DISTRICTS IN
CALIFORNIA – Major Revenues.”
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Article XIIIB of the California Constitution
Article XIIIB of the State Constitution (“Article XIIIB”), as subsequently amended by Propositions
98 and 111, respectively, limits the annual appropriations of the State and of any city, county, school
district, community college district, authority or other political subdivision of the State to the level of
appropriations of the particular governmental entity for the prior fiscal year, as adjusted for changes in the
cost of living and in population and for transfers in the financial responsibility for providing services and
for certain declared emergencies. As amended, Article XIIIB defines
(a) “change in the cost of living” with respect to school districts and community college
districts to mean the percentage change in California per capita income from the preceding year, and
(b) “change in population” with respect to a school district and community college district to
mean the percentage change in the average daily attendance of the school district or community college
district from the preceding fiscal year.
For fiscal years beginning on or after July 1, 1990, the appropriations limit of each entity of
government shall be the appropriations limit for the 1986-87 fiscal year adjusted for the changes made from
that fiscal year pursuant to the provisions of Article XIIIB, as amended.
The appropriations of an entity of local government subject to Article XIIIB limitations include the
proceeds of taxes levied by or for that entity and the proceeds of certain state subventions to that entity.
“Proceeds of taxes” include, but are not limited to, all tax revenues and the proceeds to the entity from (a)
regulatory licenses, user charges and user fees (but only to the extent that these proceeds exceed the
reasonable costs in providing the regulation, product or service), and (b) the investment of tax revenues.
Appropriations subject to limitation do not include (a) refunds of taxes, (b) appropriations for
bonded debt service such as the Bonds, (c) appropriations required to comply with certain mandates of the
courts or the federal government, (d) appropriations of certain special districts, (e) appropriations for all
qualified capital outlay projects as defined by the legislature, (f) appropriations derived from certain fuel
and vehicle taxes and (g) appropriations derived from certain taxes on tobacco products.
Article XIIIB includes a requirement that all revenues received by an entity of government other
than the State in a fiscal year and in the fiscal year immediately following it in excess of the amount
permitted to be appropriated during that fiscal year and the fiscal year immediately following it shall be
returned by a revision of tax rates or fee schedules within the next two subsequent fiscal years.
Article XIIIB also includes a requirement that fifty percent of all revenues received by the State in a
fiscal year and in the fiscal year immediately following it in excess of the amount permitted to be
appropriated during that fiscal year and the fiscal year immediately following it shall be transferred and
allocated to the State School Fund pursuant to Section 8.5 of Article XVI of the State Constitution. See
“Proposition 98” and “Proposition 111” below.
Article XIIIC and Article XIIID of the California Constitution
On November 5, 1996, the voters of the State of California approved Proposition 218, popularly
known as the “Right to Vote on Taxes Act.” Proposition 218 added to the California Constitution Articles
XIIIC and XIIID (respectively, “Article XIIIC” and “Article XIIID”), which contain a number of provisions
affecting the ability of local agencies, including school districts and community college districts, to levy and
collect both existing and future taxes, assessments, fees and charges.
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According to the “Title and Summary” of Proposition 218 prepared by the California Attorney
General, Proposition 218 limits “the authority of local governments to impose taxes and property-related
assessments, fees and charges.” Among other things, Article XIIIC establishes that every tax is either a
“general tax” (imposed for general governmental purposes) or a “special tax” (imposed for specific
purposes), prohibits special purpose government agencies such as community college districts from levying
general taxes, and prohibits any local agency from imposing, extending or increasing any special tax
beyond its maximum authorized rate without a two-thirds vote; and also provides that the initiative power
will not be limited in matters of reducing or repealing local taxes, assessments, fees and charges. Article
XIIIC further provides that no tax may be assessed on property other than ad valorem property taxes
imposed in accordance with Articles XIII and XIIIA of the California Constitution and special taxes
approved by a two-thirds vote under Article XIIIA, Section 4. Article XIIID deals with assessments and
property-related fees and charges, and explicitly provides that nothing in Article XIIIC or XIIID will be
construed to affect existing laws relating to the imposition of fees or charges as a condition of property
development.
The District does not impose any taxes, assessments, or property-related fees or charges which are
subject to the provisions of Proposition 218. It does, however, receive a portion of the basic one percent ad
valorem property tax levied and collected by the County pursuant to Article XIIIA of the California
Constitution. The provisions of Proposition 218 may have an indirect effect on the District, such as by
limiting or reducing the revenues otherwise available to other local governments whose boundaries
encompass property located within the District thereby causing such local governments to reduce service
levels and possibly adversely affecting the value of property within the District.
Proposition 26
On November 2, 2010, voters in the State approved Proposition 26. Proposition 26 amends
Article XIIIC of the State Constitution to expand the definition of “tax” to include “any levy, charge, or
exaction of any kind imposed by a local government” except the following: (1) a charge imposed for a
specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged,
and which does not exceed the reasonable costs to the local government of conferring the benefit or
granting the privilege; (2) a charge imposed for a specific government service or product provided directly
to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the
local government of providing the service or product; (3) a charge imposed for the reasonable regulatory
costs to a local government for issuing licenses and permits, performing investigations, inspections, and
audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication
thereof; (4) a charge imposed for entrance to or use of local government property, or the purchase, rental, or
lease of local government property; (5) a fine, penalty, or other monetary charge imposed by the judicial
branch of government or a local government, as a result of a violation of law; (6) a charge imposed as a
condition of property development; and (7) assessments and property-related fees imposed in accordance
with the provisions of Article XIIID. Proposition 26 provides that the local government bears the burden of
proving by a preponderance of the evidence that a levy, charge, or other exaction is not a tax, that the
amount is no more than necessary to cover the reasonable costs of the governmental activity, and that the
manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the payor’s
burdens on, or benefits received from, the governmental activity.
Proposition 98
On November 8, 1988, California voters approved Proposition 98, a combined initiative
constitutional amendment and statute called the “Classroom Instructional Improvement and Accountability
Act” (the “Accountability Act”). Certain provisions of the Accountability Act, have, however, been
modified by Proposition 111, discussed below, the provisions of which became effective on July 1, 1990.
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The Accountability Act changes State funding of public education below the university level and the
operation of the State’s appropriations limit. The Accountability Act guarantees State funding for K-12
school districts and community college districts (hereinafter referred to collectively as “K-14 school
districts”) at a level equal to the greater of (a) the same percentage of General Fund revenues as the
percentage appropriated to such districts in 1986-87 fiscal year, or (b) the amount actually appropriated to
such districts from the State general fund in the previous fiscal year, adjusted for increases in enrollment
and changes in the cost of living. The Accountability Act permits the Legislature to suspend this formula
for a one-year period. The current level of guaranteed funding pursuant to Proposition 98 is 34.55% of the
State general fund.
The Accountability Act also changes how tax revenues in excess of the State appropriations limit
are distributed. Any excess State tax revenues up to a specified amount would, instead of being returned to
taxpayers, be transferred to K-14 school districts. Any such transfer to K-14 school districts would be
excluded from the appropriations limit for K-14 school districts and the K-14 school district appropriations
limit for the next year would automatically be increased by the amount of such transfer. These additional
moneys would enter the base funding calculation for K-14 school districts for subsequent years, creating
further pressure on other portions of the State budget, particularly if revenues decline in a year following an
Article XIIIB surplus. The maximum amount of excess tax revenues which could be transferred to K-14
school districts is 4% of the minimum State spending for education mandated by the Accountability Act.
Since the Accountability Act is unclear in some details, there can be no assurances that the
Legislature or a court might not interpret the Accountability Act to require a different percentage of State
general fund revenues to be allocated to K-14 school districts, or to apply the relevant percentage to the
State’s budgets in a different way than is proposed in the Governor’s Budget.
Proposition 111
On June 5, 1990, the voters of California approved the “Traffic Congestion Relief and Spending
Limitation Act of 1990 (“Proposition 111”), which modified the State Constitution to alter the Article XIIIB
spending limit and the education funding provisions of Proposition 98. Proposition 111 took effect on July
1, 1990.
The most significant provisions of Proposition 111 are summarized as follows:
a. Annual Adjustments to Spending Limit
. The annual adjustments to the Article XIIIB
spending limit were liberalized to be more closely linked to the rate of economic growth.
Instead of being tied to the Consumer Price Index, the “change in the cost of living” is now
measured by the change in California per capita personal income. The definition of
“change in population” specifies that a portion of the State’s spending limit is to be
adjusted to reflect changes in school attendance.
b. Treatment of Excess Tax Revenues. “Excess” tax revenues with respect to Article XIIIB
are now determined based on a two-year cycle, so that the State can avoid having to return
to taxpayers excess tax revenues in one year if its appropriations in the next fiscal year are
under its limit. In addition, the Proposition 98 provision regarding excess tax revenues was
modified. After any two-year period, if there are excess State tax revenues, 50% of the
excess is transferred to K-14 school districts with the balance returned to taxpayers; under
prior law, 100% of excess State tax revenues went to K-14 school districts, but only up to a
maximum of 4% of such district’s minimum funding level. Also, reversing prior law, any
excess State tax revenues transferred to K-14 school districts are not built into the school
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districts’ base expenditures for calculating their entitlement for State aid in the next year,
and the State’s appropriations limit is not to be increased by this amount.
c. Exclusions from Spending Limit
. Two exceptions were added to the calculation of
appropriations which are subject to the Article XIIIB spending limit. First, excluded are all
appropriations for “qualified capital outlay projects” as defined by the Legislature. Second,
excluded are any increases in gasoline taxes above the then-current nine cents per gallon
level, sales and use taxes on such increment in gasoline taxes, and increases in receipts
from vehicle weight fees above the levels in effect on January 1, 1990. These latter
provisions were necessary to make effective the transportation funding package approved
by the Legislature and the Government, which was expected to raise over $15 billion in
additional taxes from 1990 through 2000 to fund transportation programs.
d. Recalculation of Appropriations Limit. The Article XIIIB appropriations limit for each unit
of government, including the State, is to be recalculated beginning in fiscal year 1990-91.
It is based on the actual limit for fiscal year 1986-87, adjusted forward to 1990-91 as if
Proposition 111 had been in effect.
e. School Funding Guarantee. There is a complex adjustment in the formula enacted in
Proposition 98 which guarantees K-14 school districts a certain amount of State general
fund revenues. Under prior law, K-14 school districts were guaranteed the greater of (1) a
certain 40.9% of State general fund revenues (“Test 1”) or (2) the amount appropriated in
the prior year adjusted for changes in the cost of living (measured as in Article XIIIB by
reference to per capita personal income) and enrollment (“Test 2”). Under Proposition 111,
K-14 school districts will receive the greater of (1) the Test 1, (2) the Test 2, or (3) a third
test (“Test 3”), which replaces the Test 2 in any year when growth in per capita State
general fund revenues from the prior year is less than the annual growth in California per
capita personal income. Under the Test 3, K-14 school districts receive the amount
appropriated in the prior year adjusted for change in enrollment and per capita State general
fund revenues, plus an additional small adjustment factor. If the Test 3 is used in any year,
the difference between the Test 3 and the Test 2 will become a “credit” (also referred to as
a “maintenance factor”) to K-14 school districts which will be paid in future years when
State general fund revenue growth exceeds personal income growth.
Proposition 39
On November 7, 2000, California voters approved an amendment (commonly known as Proposition
39) to the California Constitution. This amendment (1) allows school facilities bond measures to be
approved by 55% (rather than two-thirds) of the voters in local elections and permits property taxes to
exceed the current 1% limit in order to repay the bonds and (2) changes existing statutory law regarding
charter school facilities. As adopted, the constitutional amendments may be changed only with another
Statewide vote of the people. The statutory provisions could be changed by a majority vote of both houses
of the Legislature and approval by the Governor, but only to further the purposes of the proposition. The
local school jurisdictions affected by this proposition are K-12 school districts, community college districts,
including the District, and county offices of education. As noted above, the California Constitution
previously limited property taxes to 1% of the value of property. Previously, property taxes could exceed
this limit to pay for (1) any local government debts approved by the voters prior to July 1, 1978 or (2) bonds
to buy or improve real property that receive two-thirds voter approval after July 1, 1978.
The 55% vote requirement applies only if the local bond measure presented to the voters includes:
(1) a requirement that the bond funds can be used only for construction, rehabilitation, equipping of school
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facilities, or the acquisition or lease of real property for school facilities; (2) a specific list of school projects
to be funded and certification that the governing board has evaluated safety, class size reduction, and
information technology needs in developing the list; and (3) a requirement that the governing board conduct
annual, independent financial and performance audits until all bond funds have been spent to ensure that the
bond funds have been used only for the projects listed in the measure. Legislation approved in June 2000
places certain limitations on local school district and community college district bonds to be approved by
55% of the voters. These provisions require that the tax rate levied as the result of any single election be no
more than $60 (for a unified school district), $30 (for an elementary school district or high school district),
or $25 (for a community college district), per $100,000 of taxable property value. These requirements are
not part of this proposition and can be changed with a majority vote of both houses of the Legislature and
approval by the Governor.
Jarvis v. Connell
On May 29, 2002, the California Court of Appeal for the Second District decided the case of
Howard Jarvis Taxpayers Association, et al. v. Kathleen Connell (as Controller of the State of California).
The Court of Appeal held that either a final budget bill, an emergency appropriation, a self-executing
authorization pursuant to state statutes (such as continuing appropriations) or the California Constitution or
a federal mandate is necessary for the State Controller to disburse funds. The foregoing requirement could
apply to amounts budgeted by the District as being received from the State. To the extent the holding in
such case would apply to State payments reflected in the District’s budget, the requirement that there be
either a final budget bill or an emergency appropriation may result in the delay of such payments to the
District if such required legislative action is delayed, unless the payments are self-executing authorizations
or are subject to a federal mandate. On May 1, 2003, the California Supreme Court upheld the holding of
the Court of Appeal, stating that the Controller is not authorized under State law to disburse funds prior to
the enactment of a budget or other proper appropriation, but under federal law, the Controller is required,
notwithstanding a budget impasse and the limitations imposed by State law, to timely pay those State
employees who are subject to the minimum wage and overtime compensation provisions of the federal Fair
Labor Standards Act.
Proposition 30
On November 6, 2012, voters of the State approved the Temporary Taxes to Fund Education,
Guaranteed Local Public Safety Funding, Initiative Constitutional Amendment (also known as “Proposition
30”), which temporarily increases the State Sales and Use Tax and personal income tax rates on higher
incomes. Proposition 30 temporarily imposes an additional tax on all retailers, at the rate of 0.25% of gross
receipts from the sale of all tangible personal property sold in the State from January 1, 2013 to
December 31, 2016. Proposition 30 also imposes an additional excise tax on the storage, use, or other
consumption in the State of tangible personal property purchased from a retailer on and after
January 1, 2013 and before January 1, 2017, for storage, use, or other consumption in the State. This excise
tax will be levied at a rate of 0.25% of the sales price of the property so purchased. For personal income
taxes imposed beginning in the taxable year commencing on January 1, 2012 and ending in the taxable year
commencing on December 31, 2018, Proposition 30 increases the marginal personal income tax rate by: (i)
1% for taxable income over $250,000 but less than $300,000 for single filers (over $340,000 but less than
$408,000 for joint filers), (ii) 2% for taxable income over $300,000 but less than $500,000 for single filers
(over $408,000 but less than $608,000 for joint filers), and (iii) 3% for taxable income over $500,000 for
single filers (over $608,000 for joint filers).
The revenues generated from the temporary tax increases will be included in the calculation of the
Proposition 98 minimum funding guarantee for school districts and community college districts. See
“CONSTITUTIONAL AND STATUTORY PROVISIONS AFFECTING DISTRICT REVENUES AND
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APPROPRIATIONS Propositions 98 and 111” herein. From an accounting perspective, the revenues
generated from the temporary tax increases will be deposited into the State account created pursuant to
Proposition 30 called the Education Protection Account (the “EPA”). Pursuant to Proposition 30, funds in
the EPA will be allocated quarterly, with 89% of such funds provided to schools districts and 11% provided
to community college districts. The funds will be distributed to school districts and community college
districts in the same manner as existing unrestricted per-student funding, except that no school district will
receive less than $200 per unit of ADA and no community college district will receive less than $100 per
full time equivalent student. The governing board of each school district and community college district is
granted sole authority to determine how the moneys received from the EPA are spent, provided that the
appropriate governing board is required to make these spending determinations in open session at a public
meeting and such local governing boards are prohibited from using any funds from the EPA for salaries or
benefits of administrators or any other administrative costs.
Proposition 1A and Proposition 22
On November 2, 2004, California voters approved Proposition 1A, which amends the State
constitution to significantly reduce the State’s authority over major local government revenue sources.
Under Proposition 1A, the State cannot (i) reduce local sales tax rates or alter the method of allocating the
revenue generated by such taxes, (ii) shift property taxes from local governments to K-14 school districts,
(iii) change how property tax revenues are shared among local governments without two-third approval of
both houses of the State Legislature or (iv) decrease Vehicle License Fee revenues without providing local
governments with equal replacement funding. Proposition 1A allows the State to approve voluntary
exchanges of local sales tax and property tax revenues among local governments within a county.
Proposition 1A also amends the State Constitution to require the State to suspend certain State laws creating
mandates in any year that the State does not fully reimburse local governments for their costs to comply
with the mandates. This provision does not apply to mandates relating to schools or community colleges or
to those mandates relating to employee rights.
Proposition 22, The Local Taxpayer, Public Safety, and Transportation Protection Act, approved by
the voters of the State on November 2, 2010, prohibits the State from enacting new laws that require
redevelopment agencies to shift funds to K-14 school districts or other agencies and eliminates the State’s
authority to shift property taxes temporarily during a severe financial hardship of the State. In addition,
Proposition 22 restricts the State’s authority to use State fuel tax revenues to pay debt service on state
transportation bonds, to borrow or change the distribution of state fuel tax revenues, and to use vehicle
license fee revenues to reimburse local governments for state mandated costs. Proposition 22 impacts
resources in the State’s General Fund and transportation funds, the State’s main funding source for school
districts and community college districts, as well as universities, prisons and health and social services
programs. According to an analysis of Proposition 22 submitted by the State Legislative Analysts Office
(the “LAO”) on July 15, 2010, the expected reduction in resources available for the State to spend on these
other programs as a consequence of the passage of Proposition 22 was to be approximately $1 billion in
fiscal year 2010-11, with an estimated immediate fiscal effect equal to approximately 1% of the State’s total
General Fund spending. The longer-term effect of Proposition 22, according to the LAO analysis, will be
an increase in the State’s General Fund costs by approximately $1 billion annually for several decades. See
also “FUNDING OF COMMUNITY COLLEGE DISTRICTS IN CALIFORNIA State Dissolution of
Redevelopment Agencies.”
Future Initiatives
Article XIIIA, Article XIIIB, Article XIIIC and Article XIIID of the California Constitution and
Propositions 98, 39, 22, 26 and 30 were each adopted as measures that qualified for the ballot pursuant to
the State’s initiative process. From time to time other initiative measures could be adopted further affecting
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District revenues or the District’s ability to expend revenues. The nature and impact of these measures
cannot be anticipated by the District.
FUNDING
OF COMMUNITY COLLEGE DISTRICTS IN CALIFORNIA
Major Revenues
California community college districts (other than Basic Aid Districts, as described below) receive
a majority of their funding from the State, and the balance from local and federal sources. State funds
include general apportionment, categorical funds, capital construction, the lottery (which generally is less
than 3 percent), and other minor sources. Local funds include property taxes, student fees, and
miscellaneous sources.
A bill passed the State’s legislature (“SB 361”), and signed by the Governor on September 29,
2006, established the present system of funding for community college districts. This system includes
allocation of state general apportionment revenues to community college districts based on criteria
developed by the Board of Governors of the California Community Colleges (the “Board of Governors”) in
accordance with prescribed statewide minimum requirements. In establishing these minimum requirements,
the Board of Governors was required to acknowledge community college districts’ need to receive an
annual allocation based on the number of colleges and comprehensive centers in each respective district,
plus funding received based on the number of credit and noncredit FTES in each district.
SB 361 also specified that, commencing with the 2006-07 fiscal year, the minimum funding per
FTES would be: (a) not less than $4,367 per credit FTES; (b) at a uniform rate of $2,626 per noncredit
FTES; and (c) set at $3,092 per FTES for a new instructional category of “career development and college
preparation” (“CDCP”) enhanced non-credit rate. Each such minimum funding rate is subject to cost of
living adjustments (each, a “COLA”), if any, funded through the State budgeting legislation in each fiscal
year. Pursuant to SB 361, the State Chancellor (the “Chancellor”) developed criteria for one-time grants for
districts that would have received more funding under the prior system or a then-proposed rural college
access grant, than under the new system.
The table on the following page shows the District’s FTES figures for the last five fiscal years,
along with projected FTES for the current fiscal year.
FULL TIME EQUIVALENT STUDENTS
(1)
Fiscal Years 2009-10 through 2014-15
Cerritos Community College District
Fiscal Year
Funded FTES
Unfunded FTES
(2)
Total FTES
2009-10
18,076
2010-11
17,387
2011-12
2012-13
2013-14
2014-15
(3)
(1)
One FTES is equivalent to 525 student contact hours, which is determined based on a State formula of one student multiplied by 15 weekly
contact hours multiplied by 35 weeks. Accordingly, the number of FTES in the District may not equal the number of students enrolled in the
District. Reflects resident FTES counts only. Non-resident FTES are generally excluded from State funding formula calculations.
(2)
In each fiscal year, the State budget will establish an enrollment cap on the maximum number of FTES, known as the “funded” FTES, for
which a community college district will receive a revenue allocation, as determined by the program-based model. A district’s enrollment cap
is based on the previous fiscal year’s reported FTES, plus the growth allowance provide for by the State budget, if any. All student hours in
excess of the enrollment cap are considered “unfunded” FTES.
(3)
Projected.
Source: Cerritos Community College District.
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Local revenues are first used to satisfy District expenditures. The major local revenue source is
local property taxes that are collected from within District boundaries. Student enrollment fees from the
local community college district generally account for the remainder of local revenues for the District.
Property taxes and student enrollment fees are applied towards fulfilling the District’s financial need. Once
these sources are exhausted, State funds are used. State aid is subject to the appropriation of funds in the
State’s annual budget. Decreases in State revenues may affect appropriations made by the legislature to the
District. The sum of the property taxes, student enrollment fees, and State aid generally comprise the
District’s total funding allocation.
“Basic Aid” community college districts are those districts whose local property tax and student
enrollment fee collections, including EPA funds, exceed the revenue allocation determined by the program-
based model. The current law in California allows these districts to keep the excess funds without penalty.
Basic Aid districts do not receive any general apportionment funding from the State, though they are
currently entitled to the minimum amount of Proposition 30 tax proceeds. See “CONSTITUTIONAL AND
STATUTORY LIMITATIONS ON TAXES AND APPROPRIATIONS – Proposition 30.” The implication
for Basic Aid districts is that the legislatively determined annual cost of living adjustment and other
politically determined factors are less significant in determining such districts’ primary funding sources.
Rather, property tax growth and the local economy become the determinant factors. The District is not a
Basic Aid district.
A small part of a community college district’s budget is from local sources other than property
taxes and student enrollment fees, such as interest income, donations and sales of property. Every
community college district receives the same amount of lottery funds per pupil from the State, however,
these are not categorical funds as they are not for particular programs or students. The initiative authorizing
the lottery does require the funds to be used for instructional purposes, and prohibits their use for capital
purposes.
Tax Shifts and Triple Flip
Assembly Bill No. 1755 (“AB 1755”), introduced March 10, 2003 and substantially amended June
23, 2003, requires the shifting of property taxes between redevelopment agencies and K-14 school districts.
On July 29, 2003, the Assembly amended Senate Bill No. 1045 to incorporate all of the provisions of AB
1755, except that the Assembly reduced the amount of the required Education Revenue Augmentation Fund
(“ERAF”) shift to $135 million. Legislation commonly referred to as the “Triple Flip” was approved by the
voters on March 2, 2004, as part of a bond initiative formally known as the “California Economic Recovery
Act.” This act authorized the issuance of $15 billion in bonds to finance the 2002-03 and 2003-04 State
budget deficits, which are payable from a fund established by the redirection of tax revenues through the
“Triple Flip.” Under the “Triple Flip,” one-quarter of local governments’ 1% share of the sales tax imposed
on taxable transactions within their jurisdiction is redirected to the State. In an effort to eliminate the
adverse impact of the sales tax revenue redirection on local government, the legislation redirects property
taxes in the ERAF to local government. Because the ERAF monies were previously earmarked for K-14
school districts, the legislation provides such districts to receive other State general fund revenues.
Budget Procedures
On or before September 15, the Board of Trustees of a community college district is required under
Section 58305 of the California Code of Regulations, Title V, to adopt a balanced budget. Each September,
every State agency, including the Chancellor’s Office of the California Community Colleges, submits to the
Department of Finance (“DOF”) proposals for changes in the State budget. These proposals are submitted
in the form of Budget Change Proposals (“BCPs”), involving analyses of needs, proposed solutions and
expected outcomes. Thereafter, the DOF makes recommendations to the governor, and by January 10 a
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proposed State budget is presented by the governor to the legislature. The Governor’s Budget is then
analyzed and discussed in committees and hearings begin in the State Assembly and Senate. In May, based
on the debate, analysis and changes in the economic forecasts, the governor issues a revised budget with
changes he or she can support. The law requires the legislature to submit its approved budget by June 15,
and by June 30 the governor should announce his or her line item reductions and sign the State budget. In
response to growing concern for accountability and with enabling legislation (AB 2910, Chapter 1486,
Statutes of 1986), the statewide governing board of the California community colleges (the “Board of
Governors”) and the Chancellor’s Office have established expectations for sound district fiscal management
and a process for monitoring and evaluating the financial condition to ensure the financial health of
California’s community college districts. In accordance with statutory and regulatory provisions, the
Chancellor has been given the responsibility to identify districts at risk and, when necessary, the authority
to intervene to bring about improvement in their financial condition. To stabilize a district’s financial
condition, the Chancellor may, as a last resort, seek an appropriation for an emergency apportionment.
The monitoring and evaluation process is designed to provide early detection and amelioration that
will stabilize the financial condition of a district before an emergency apportionment is necessary. This is
accomplished by (1) assessing the financial condition of districts through the use of various information
sources and (2) taking appropriate and timely follow-up action to bring about improvement in a district’s
financial condition, as needed. A variety of instruments and sources of information are used to provide a
composite of each district’s financial condition, including quarterly financial status reports, annual financial
and budget reports, attendance reports, annual district audit reports, district input and other financial
records. In assessing each district’s financial condition, the Chancellor will pay special attention to each
district’s general fund balance, spending pattern, and full-time equivalent student patterns. Those districts
with greater financial difficulty will receive follow-up visits from the Chancellor’s Office where financial
solutions to the district’s problems will be addressed and implemented.
The table on the following page shows the District’s general fund budgets for fiscal years 2011-12
through 2014-15, the District’s ending results for fiscal years 2011-12 through 2013-14. See also
“APPENDIX A EXCERPTS FROM THE 2012-13 AUDITED FINANCIAL STATEMENTS OF THE
DISTRICT.
[REMAINDER OF PAGE LEFT BLANK]
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COMPARISON OF GENERAL FUND BUDGETS
Fiscal Years 2011-12 through 2014-15
Cerritos Community College District
Fiscal Year 2011-12
Fiscal Year 2012-13
Fiscal Year 2013-14
Fiscal Year 2014-15
REVENUES:
Budgeted
(1)
Ending
(1)
Budgeted
(1)
Ending
(1)
Budgeted
(1)
Ending
Budgeted
Federal
$2,472,236
$3,552,670
$3,986,594
$3,821,453
$4,296,161
State
70,287,294
70,903,556
66,397,194
56,376,380
73,100,291
Local
17,289,612
15,621,414
15,403,052
31,296,964
18,349,753
TOTAL REVENUES
90,049,142
90,077,640
85,786,840
91,494,797
95,746,205
EXPENDITURES:
Academic Salaries
39,796,261
39,047,409
39,446,286
39,596,704
41,154,502
Classified Salaries
21,429,670
19,914,516
20,541,870
20,274,467
20,587,073
Employee Benefits
19,357,793
19,166,571
19,112,917
18,442,820
18,477,374
Books and Supplies
8,287,429
2,121,449
8,514,865
2,037,743
4,011,186
Services and Other Operating Expenditures
8,000,917
7,275,474
7,510,342
7,140,347
7,717,564
Capital Outlay
1,608,045
1,466,718
1,454,427
1,421,027
1,625,496
TOTAL EXPENDITURES
98,480,115
88,992,137
96,580,707
88,913,108
93,573,195
EXCESS (DEFICIENCY) OF REVENUE OVER
EXPENDITURES
(8,430,973)
1,085,503
(10,793,867)
2,581,689
2,173,010
OTHER FINANCING SOURCES/USES
--
--
--
191,248
--
OTHER OUTGO
606,103
881,430
652,487
1,691,430
1,335,728
NET CHANGE IN FUND BALANCE
(9,037,076)
204,073
(11,446,354)
1,081,507
837,282
BEGINNING FUND BALANCE
13,761,283
13,761,283
13,965,356
13,965,356
15,046,863
ENDING FUND BALANCE
$4,724,207
$13,965,356
$4,724,207
$15,046,863
$15,884,145
(1)
Budgeted figures for fiscal years 2011-12 through 2013-14, and ending figures for fiscal years 2011-12 and 2012-13, are drawn from the District’s CCFS-311 Reports filed with the Chancellor’s
Office. For audited statements of revenues, expenditures and changes in fund balances for the District’s governmental funds for fiscal years 2010-11 through 2012-13, see “CERRITOS
COMMUNITY COLLEGE DISTRICT Comparative Financial Statements.”
Source: Cerritos Community College District.
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Minimum Funding Guarantees for California Community College Districts Under Propositions 98
and 111
General. In 1988, California voters approved Proposition 98, an initiative that amended Article
XVI of the State Constitution and provided specific procedures to determine a minimum guarantee for
annual K-14 funding. The constitutional provision links the K-14 funding formulas to growth factors that
are also used to compute the State appropriations limit. Proposition 111 (Senate Constitutional
Amendment 1), adopted in June 1990, among other things, changed some earlier school funding provisions
of Proposition 98 relating to the treatment of revenues in excess of the State spending limit and added
Test 3 to calculate the annual funding guarantee. This third calculation is operative in years in which
general fund tax revenue growth is weak. The amendment also specified that under Test 2 (see below), the
annual COLA for the minimum guarantee for annual K-14 funding would be the change in California’s per-
capita personal income, which is the same COLA used to make annual adjustments to the State
appropriations limit (Article XIIIB).
Calculating Minimum Funding Guarantee. There are currently three tests which determine the
minimum level of K-14 funding. Under implementing legislation for Proposition 98 (AB 198 and SB 98 of
1989), each segment of public education (K-12 districts, community college districts, and direct elementary
and secondary level instructional services provided by the State) has separately calculated amounts under
the Proposition 98 tests. The base year for the separate calculations is the 1989-90 fiscal year. Each year,
each segment is entitled to the greater of the amounts separately computed for each under Test 1 or 2.
Should the calculated amount under Proposition 98 guarantee (K-14 aggregated) be less than the sum of the
separate calculations, then the Proposition 98 guarantee amount shall be prorated to the three segments in
proportion to the amount calculated for each. This statutory split has been suspended in every year
beginning with 1992-93. In those years, community colleges received less than was required from the
statutory split.
Test 1 guarantees that K-14 education will receive at least the same funding share of the State
general fund budget it received in 1986-87. Initially, that share was just over 40%. Because of the major
shifts of property tax from local government to community colleges and K-12 which began in 1992-93 and
increased in 1993-94, the percentage dropped to 33.0%.
Test 2 provides that K-14 education will receive as a minimum, its prior-year total funding
(including State general fund and local revenues) adjusted for enrollment growth and per-capita personal
income COLA.
Test 3, established pursuant to Proposition 111, provides an alternative calculation of the funding
base in years in which State per-capita General Fund revenues grow more slowly than per-capita personal
income. When this condition exists, K-14 minimum funding is determined based on the prior-year funding
level, adjusted for changes in enrollment and COLA where the COLA is measured by the annual increase in
per-capita general fund revenues, instead of the higher per-capita personal income factor. The total
allocation, however, is increased by an amount equal to one-half of one percent of the prior-year funding
level as a funding supplement.
In order to make up for the lower funding level under Test 3, in subsequent years K-14 education
receives a maintenance allowance equal to the difference between what should have been provided if the
revenue conditions had not been weak and what was actually received under the Test 3 formula. This
maintenance allowance is paid in subsequent years when the growth in per-capita State tax revenue
outpaces the growth in per-capita personal income.
The enabling legislation to Proposition 111, Chapter 60, Statutes of 1990 (SB 98, Garamendi),
further provides that K-14 education shall receive a supplemental appropriation in a Test 3 year if the
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annual growth rate in non-Proposition 98 per-capita appropriations exceeds the annual growth rate in per-
pupil total spending.
State Dissolution of Redevelopment Agencies
On December 30, 2011, the California Supreme Court issued its decision in the case of California
Redevelopment Association v. Matosantos (“Matosantos”), finding ABx1 26, a trailer bill to the 2011-12
State budget, to be constitutional. As a result, all Redevelopment Agencies in California ceased to exist as a
matter of law on February 1, 2012. The Court in Matosantos also found that ABx1 27, a companion bill to
ABx1 26, violated the California Constitution, as amended by Proposition 22. See “CONSTITUTIONAL
AND STATUTORY PROVISIONS AFFECTING DISTRICT REVENUES AND APPROPRIATIONS
Proposition 1A and Proposition 22.” ABx1 27 would have permitted redevelopment agencies to continue
operations provided their establishing cities or counties agreed to make specified payments to K-14 school
districts and county offices of education, totaling $1.7 billion statewide.
ABx1 26 was modified by Assembly Bill No. 1484 (Chapter 26, Statutes of 2011-12) (“AB 1484”),
which, together with ABx1 26, is referred to herein as the “Dissolution Act.” The Dissolution Act provides
that all rights, powers, duties and obligations of a redevelopment agency under the California Community
Redevelopment Law that have not been repealed, restricted or revised pursuant to ABx1 26 will be vested
in a successor agency, generally the county or city that authorized the creation of the redevelopment agency
(each, a “Successor Agency”). All property tax revenues that would have been allocated to a
redevelopment agency, less the corresponding county auditor-controller’s cost to administer the allocation
of property tax revenues, are now allocated to a corresponding Redevelopment Property Tax Trust Fund
(“Trust Fund”), to be used for the payment of pass-through payments to local taxing entities, and thereafter
to bonds of the former redevelopment agency and any “enforceable obligations” of the Successor Agency,
as well as to pay certain administrative costs. The Dissolution Act defines “enforceable obligations” to
include bonds, loans, legally required payments, judgments or settlements, legal binding and enforceable
obligations, and certain other obligations.
Among the various types of enforceable obligations, the first priority for payment is tax allocation
bonds issued by the former redevelopment agency; second is revenue bonds, which may have been issued
by the host city, but only where the tax increment revenues were pledged for repayment and only where
other pledged revenues are insufficient to make scheduled debt service payments; third is administrative
costs of the Successor Agency, equal to at least $250,000 in any year, unless the oversight board reduces
such amount for any fiscal year or a lesser amount is agreed to by the Successor Agency; then, fourth tax
revenues in the Trust Fund in excess of such amounts, if any, will be allocated as residual distributions to
local taxing entities in the same proportions as other tax revenues. Moreover, all unencumbered cash and
other assets of former redevelopment agencies will also be allocated to local taxing entities in the same
proportions as tax revenues. Notwithstanding the foregoing portion of this paragraph, the order of payment
is subject to modification in the event a Successor Agency timely reports to the Controller and the
Department of Finance that application of the foregoing will leave the Successor Agency with amounts
insufficient to make scheduled payments on enforceable obligations. If the county auditor-controller
verifies that the Successor Agency will have insufficient amounts to make scheduled payments on
enforceable obligations, it shall report its findings to the Controller. If the Controller agrees there are
insufficient funds to pay scheduled payments on enforceable obligations, the amount of such deficiency
shall be deducted from the amount remaining to be distributed to taxing agencies, as described as the fourth
distribution above, then from amounts available to the Successor Agency to defray administrative costs. In
addition, if a taxing agency entered into an agreement pursuant to Health and Safety Code Section 33401
for payments from a redevelopment agency under which the payments were to be subordinated to certain
obligations of the redevelopment agency, such subordination provisions shall continue to be given effect.
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As noted above, the Dissolution Act expressly provides for continuation of pass-through payments
to local taxing entities. Per statute, 100% of contractual and statutory two percent pass-throughs, and
56.7% of statutory pass-throughs authorized under the Community Redevelopment Law Reform Act of
1993 (AB 1290, Chapter 942, Statutes of 1993) (“AB 1290”), are restricted to educational facilities without
offset against revenue limit apportionments by the State. Only 43.3% of AB 1290 pass-throughs are offset
against State aid so long as the affected local taxing entity uses the moneys received for land acquisition,
facility construction, reconstruction, or remodeling, or deferred maintenance as provided under Education
Code Section 42238(h).
ABX1 26 states that in the future, pass-throughs shall be made in the amount “which would have
been received . . . had the redevelopment agency existed at that time,” and that the county auditor-controller
shall “determine the amount of property taxes that would have been allocated to each redevelopment agency
had the redevelopment agency not been dissolved pursuant to the operation of ABX1 26 using current
assessed values . . . and pursuant to statutory formulas and contractual agreements with other taxing
agencies.”
Successor Agencies continue to operate until all enforceable obligations have been satisfied and all
remaining assets of the Successor Agency have been disposed of. AB 1484 provides that once the debt of
the Successor Agency is paid off and remaining assets have been disposed of, the Successor Agency shall
terminate its existence and all pass-through payment obligations shall cease.
The District can make no representations as to the extent to which its base apportionments from the
State may be offset by the future receipt of residual distributions or from unencumbered cash and assets of
former redevelopment agencies or any other surplus property tax revenues pursuant to the Dissolution Act.
State Assistance
California community college districts’ principal funding formulas and revenue sources are derived
from the budget of the State of California. The following information concerning the State of California’s
budgets has been obtained from publicly available information which the District believes to be reliable;
however, neither the District nor the Underwriters take any responsibility as to the accuracy or
completeness of such publicly available information and has not independently verified such information.
2014-15 Budget. On June 20, 2014, the Governor signed into law the State budget for fiscal year
2014-15 (the “2014-15 Budget”). The following information is drawn from the State Department of
Finance’s summary of the 2014-15 Budget and the LAO report entitled “The 2014-15 Budget: California
Spending Plan,” and certain other sources relating to Proposition 44 (defined herein).
The 2014-15 Budget is based on revenue projections previously included in the Governor’s May
revision to the proposed budget for fiscal year 2014-15. For fiscal year 2013-14, the 2014-15 Budget
projects total State general fund revenues of $102.2 billion, and total State general fund expenditures of
$100.7 billion. The 2014-15 Budget projects that the State will end the 2013-14 fiscal year with a $2.9
billion general fund surplus. For fiscal year 2014-15, the 2014-15 Budget projects total State general fund
revenues of $109.4 billion and total State general fund expenditures of $108 billion, leaving the State with a
projected general fund surplus for fiscal year 2014-15 of approximately $2.1 billion. This projected reserve
is a combination of $449 million in the State’s general fund traditional reserve, and an authorized deposit of
$1.6 billion into the Budget Stabilization Account (the “BSA”) established by the California Balanced
Budget Act of 2004 (also known as Proposition 58).
As part of implementing certain provisions of the 2014-15, a legislatively-referred constitutional
amendment (Proposition 44), has been placed on the November 4, 2014 statewide ballot which, if approved
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by the requisite vote of the electors, would (i) require an annual deposit into the BSA of 1.5% of annual
general fund revenues and an additional amount each year whenever capital gains revenues rise to more
than 8% of general fund tax revenues; (ii) set the maximum size of the BSA at 10% of State general fund
revenues; (iii) require half of each year’s deposit into the BSA for the next 15 years be used for
supplemental payments to pay fiscal obligations, such as budgetary loans and unfunded state-level pensions
plans; (iv) allow the withdrawal of funds from the BSA only for a disaster or if spending remains at or
below the highest level of spending from the past three years and limit the amount that could be withdrawn
from the BSA in the first year of a recession to half of the BSA fund balance; (v) require the State to
provide a multi-year budget forecast to help better manage the State’s longer term finances; and (vi) create a
Proposition 98 reserve, whereby spikes in funding would be deposited thereto to smooth school spending.
This reserve would make no changes to the Proposition 98 calculations, and it would not begin to operate
until the existing maintenance factor is fully paid off.
The 2014-15 Budget sets the Proposition 98 minimum funding guarantee for fiscal year 2014-15 at
$60.9 billion, including $44.5 billion of support from the State’s general fund. The total Proposition 98
minimum funding guarantee in the 2014-15 Budget represents an increase of $5.6 billion over the amount
included in the fiscal year 2013-14 State budget. When combined with increases of $4.4 billion in fiscal
years 2012-13 and 2013-14, the 2014-15 Budget provides a $10 billion increased funding for K-14
education. The State makes a $5.2 billion maintenance factor payment in 2012-13, which reduces the
State’s outstanding maintenance factor obligation from $11 billion to $5.8 billion. Since Test 3 is operative
in fiscal year 2013-14, $458 million in new maintenance factor is created. See “CONSTITUTIONAL AND
STATUTORY PROVISIONS AFFECTING DISTRICT REVENUES AND APPROPRIATIONS
Proposition 111.” In fiscal year 2014-15, the State is expected to make another maintenance factor payment
of $2.6 billion, which would reduce the outstanding maintenance factor to $4 billion by the end of fiscal
year 2014-15.
Significant features of the 2014-15 Budget related to the funding of community college districts
include the following:
The 2014-15 Budget includes a plan to reduce the $74.4 billion unfunded STRS liability in
approximately 30 years by increasing contribution rates among the State, K-14 school districts,
and participating employees. For fiscal year 2014-15, these increases are expected to result in
$276 million of additional contributions from all three entities. The plan also provides the
STRS Board (as defined herein) with limited authority to (i) increase State, school district and
community college district contributions based on changing conditions, and (ii) reduce school
district and community college district contributions if they are no longer necessary. For
additional information, see “CERRITOS COMMUNITY COLLEGE DISTRICT State
Retirement Programs.”
Implementing Statewide Performance Strategies $1.1 million of non-Proposition 98 funding
to add nine positions for the State Chancellor’s Office to develop leading indicators of student
success and to monitor community college districts’ performance. The 2014-15 Budget also
provides $2.5 million of Proposition 98 funding to provide local technical assistance to support
the implementation of effective practices across all community college districts, with a focus on
underperforming districts.
Investing in Student Success $170 million in Proposition 98 funding to improve and expand
student success programs and to strengthen efforts to assist underrepresented students. This
amount is allocated as follows: (i) $100 million to increase orientation, assessment, placement,
counseling and other education planning services for all matriculated students, and (ii) $70
million to close gaps in access and achievement in underrepresented student groups, as
identified in local Student Equity Plans.
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Apportionments An increase of $140.4 million in Proposition 98 funding for growth in
general-purpose apportionments, which represents a 2.75% increase in enrollment, and which,
according to the LAO, equates to an additional 30,000 full-time equivalent students. The 2014-
15 Budget directs the State Board of Governors to adopt a growth formula beginning in fiscal
year 2015-16 that gives first priority to the community college districts identified as having the
greatest unmet need in adequately serving their community’s higher educational needs. The
2014-15 Budget also provides $47.3 million of Proposition 98 funding for a 0.85% COLA.
Career Technical Education A one-time increase of $50 million in Proposition 98 funding to
improve career technical education. The $50 million will support the Economic and Workforce
Development program at the Chancellor’s Office. Additionally, beginning in fiscal year 2015-
16, the State Budget increases the funding rate for career development and college preparation
noncredit courses to equal the funding rate for credit courses.
Technology Infrastructure A $1.4 million one-time increase in Proposition 98 funding and a
$4.6 million ongoing increase in Proposition 98 funding to upgrade bandwidth and replace
technology equipment at community college districts.
Disabled Student Programs and Services $30 million in Proposition 98 funding to provide
support services to students with disabilities.
Eliminating Apportionment Deferrals $498 million in Proposition 98 funding to buy down
deferrals. The 2014-15 Budget also includes a trigger mechanism that will allow any additional
funding resources attributable to fiscal years 2013-14 or 2014-15 subsequent to the enactment
of the 2014-15 Budget to be appropriated for the purpose of retiring the remaining $94 million
deferral balance.
Mandates $49.5 million in one-time Proposition 98 funding to reimburse community college
districts for the cost of State-mandated programs to be distributed on a per-student basis. For
community colleges, the 2014-15 Budget repeals one mandate related to certain information
included in infrastructure plans and adds to the block grant one mandate related to public
contracts. The LAO notes that, the 2014-15 Budget does not increase funding for the block
grant as the added costs are expected to be minimal.
Financial Stability for Apportionments An increase of $40.5 million in fiscal year 2013-14
and $37.8 million in fiscal year 2014-15 in Proposition 98 funding by shifting a portion of the
revenues from former redevelopment agencies that are scheduled to be received in the final
months of the fiscal year to the following fiscal year. Proposition 98 funding will backfill the
difference between estimated total fiscal year redevelopment agency revenues and the amount
the community college districts receive through April 15.
Investing in Deferred Maintenance and Instructional Equipment A one-time increase of $148
million in Proposition 98 funding for deferred maintenance or instructional equipment
purchases. This program funds facility maintenance projects as well as replacement of
instructional equipment and library materials.
Proposition 39. Passed by voters in November 2012, Proposition 39 increases State corporate
tax revenues and requires a five-year period, starting in fiscal year 2013-14, that a portion of
these revenues be used to improve energy efficiency and expand the use of alternative energy in
public buildings. The 2014-15 Budget provides $38 million in Proposition 98 funding for
community college grants and $28 million of Proposition 98 funding for a revolving loan
program for K-14 School Districts.
Chapter 751 Obligation. The 2014-15 Budget makes a final $410 million payment to retire the
State’s obligation set forth in Chapter 751, Statutes of 2006 (“Chapter 751”), which required
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the State to provide additional annual school and community college payments until a total of
$2.8 billion had been provided.
Pay Down of Remainder of Economic Recovery Bonds. The 2014-15 Budget transfers 3% of
general fund revenues or $3.2 billion- to the BSA. Under Proposition 98, one-half of those
revenues must be used to accelerate the repayment of the State’s Economic Recovery Bonds.
The $1.6 billion payment is expected to pay off the remaining principal amount of the
Economic Recovery Bonds during fiscal year 2014-15. See “ Tax Shifts and Triple Flip”
above.
Capital Outlay. The 2014-15 Budget appropriates a total of $21 million in general obligation
bond funding for one continuing community college project and seven new projects. The LAO
notes that future State costs for these projects are expected to total an additional $102 million.
For additional information regarding the State’s 2014-15 Budget, see the State Department of
Finance website at www.dof.ca.gov and the LAO’s website at www.lao.ca.gov
. However, the information
presented on such websites is not incorporated herein by reference.
Future Budgets and Actions. The District cannot predict what actions will be taken in the future
by the State Legislature and the Governor to address changing State revenues and expenditures or the
impact such actions will have on State revenues available in the current or future years for education. The
State budget will be affected by national and State economic conditions and other factors over which the
District will have no control. Certain actions could result in a significant shortfall of revenue and cash, and
could impair the State’s ability to fund education. State budget shortfalls in future fiscal years could have
an adverse financial impact on the State general fund budget. However, the obligation to pay ad valorem
property taxes upon all taxable property within the District for the payment of principal of and interest on
the Bonds would not be impaired.
Accounting Practices
The accounting policies of the District conform to generally accepted accounting principles in
accordance with policies and procedures of the California Community College Budget and Accounting
Manual. This manual, according to Section 84030 of the California Education Code, is to be followed by
all California community college districts. The Governmental Accounting Standards Board (“GASB”) has
released (i) Statement No. 34, which is effective for the District and makes changes in the annual financial
statements for all governmental agencies in the United States, especially in recording of fixed assets and
their depreciation, and in the way the report itself is formatted, and (ii) Statement No. 35, which is effective
for the District and makes changes in the required content and format of annual financial statements for
public colleges and universities. These requirements become effective for the District in May 15, 2002.
Revenues are recognized in the period in which they become both measurable and available to finance
expenditures of the current fiscal period. Expenditures are recognized in the period in which the liability is
incurred.
Comparative Financial Statements
Pursuant to applicable guidance from GASB, the District’s financial statements present a
comprehensive, entity-wide perspective of the District’s assets, liabilities, and cash flows rather than the
fund-group perspective previously required. The table on the following page displays the District’s
revenues, expenses and changes in net assets for its primary government funds during fiscal years 2008-09
through 2012-13.
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AUDITED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN NET ASSETS
PRIMARY GOVERNMENT
Fiscal Years 2008-09 through 2012-13
Cerritos Community College District
OPERATING REVENUES
Fiscal
Year
2008-09
Fiscal
Year
2009-10
Fiscal
Year
2010-11
Fiscal
Year
2011-12
Fiscal
Year
2012-13
Enrollment, tuition and other fees (gross)
$12,567,115
$13,411,195
$13,138,126
$16,748,987
$15,919,463
Less: Scholarship discounts and allowances
(5,270,234)
(7,151,185)
(7,839,033)
(11,771,360)
(9,065,155)
Net enrollment, tuition and other fees
7,296,881
6,260,010
5,299,093
4,977,627
6,854,308
Grant and contracts, non-capital:
Federal
--
--
--
--
3,883,261
State
--
--
--
--
7,185,265
Local
--
--
--
--
6,579,049
Other operating revenues
--
148,087
45,410
--
--
TOTAL OPERATING REVENUES
7,296,881
6,408,097
5,344,503
4,977,627
24,501,883
OPERATING EXPENSES
Salaries
68,570,152
64,710,335
64,384,525
60,941,456
61,925,082
Employee benefits
18,983,838
18,554,3700
24,810,845
21,689,406
21,004,426
Supplies, materials and other operating expenses and services
19,311,953
18,508,370
19,009,180
17,302,962
10,868,852
Equipment, maintenance, and repairs
2,261,874
1,830,049
2,250,137
2,463,791
--
Financial aid
19,193,355
30,656,491
41,559,476
42,208,791
41,016,916
Utilities
--
--
--
--
--
Program expenses
--
--
--
--
--
Depreciation
2,341,155
2,881,742
3,074,853
3,101,883
3,334,315
TOTAL OPERATING EXPENSES
130,662,327
137,141,017
155,089,016
147,707,956
138,149,591
OPERATING INCOME (LOSS)
(123,365,446)
(130,732,920)
(149,744,513)
(142,730,329)
(113,647,708)
NON-OPERATING REVENUES (EXPENSES)
State apportionments, non-capital
71,974,652
67,934,249
68,790,685
62,452,363
35,309,242
Local property taxes
14,391,247
14,633,461
9,065,934
16,176,487
23,862,692
State taxes and other revenues
2,051,143
2,043,186
9,108,871
2,351,186
15,932,174
Federal Grants
20,451,406
32,520,473
42,603,710
43,811,738
39,176,358
State Grants
12,027,708
7,891,991
8,112,539
8,121,075
--
Other non-operating revenues
4,031,065
7,010,029
2,235,711
6,704,214
116,702
Investment income, net
1,301,374
1,232,210
895,188
761,033
951,172
Contributions, gifts and grants, non-capital
--
--
6,512,486
--
--
Loss on sale of capital assets
--
--
(167,749)
--
--
Interest income on capital asset-related debt, net
116,165
102,110
109,313
92,031
--
Interest expense
(3,190,111)
(5,944,889)
(6,112,341)
(5,858,091)
(8,527,699)
TOTAL NON-OPERATING REVENUES (EXPENSES)
123,154,649
127,422,820
141,154,347
134,612,036
106,820,640
INCOME (LOSS) BEFORE OTHER REVENUES,
EXPENSES, GAINS OR (LOSSES)
(210,797)
(3,310,100)
(8,590,166)
(8,118,293)
(6,827,067)
OTHER REVENUES, EXPENSES, GAINS OR (LOSSES)
State apportionments, capital
877,620
169,688
3,347,683
4,157,140
2,089,038
Local revenues, capital
649,988
500,000
51,450
--
1,004,694
Loss on disposal of equipment
--
--
--
--
9,550,826
TOTAL OTHER REVENUES, EXPENSES, GAINS OR
(LOSSES)
1,527,608
669,688
3,399,133
4,157,140
12,644,558
INCREASE IN NET ASSETS
1,316,811
(2,640,412)
(5,191,033)
(3,961,153)
5,817,491
NET ASSETS, BEGINNING OF YEAR
77,491,980
78,808,791
76,168,379
70,977,346
67,016,193
ADJUSTMENT FOR RESTATEMENT
--
--
--
--
13,181,902
(1)
NET ASSETS, AS RESTATED
--
--
--
--
80,198,095
NET ASSETS, END OF YEAR
$78,808,791
$76,168,379
$70,977,346
$67,016,193
$86,015,586
___________
(1)
Restatement to the net beginning position for fiscal year 2012-13 results from the implementation of GASB Statement No. 62, which requires the
capitalization of interest expense on bonded debt that previously had been expensed.
Source: Cerritos Community College District.
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CERRITOS COMMUNITY COLLEGE DISTRICT
The information in this section concerning the operations of the District and the District’s
finances is provided as supplementary information only, and it should not be inferred from the inclusion
of this information in this Official Statement that the principal of and interest on the Bonds is payable
from the General Fund of the District. The Bonds are payable solely from the revenues generated by an
ad valorem property tax required to be levied by the County in an amount sufficient for the payment
thereof. See “THE BONDS Security and Sources of Payment.”
General Information
The District, founded in 1955, serves an area of 52 square miles of southeastern portion of the
County, and includes within its service the area the Cities of Artesia, Bellflower, Cerritos, Downey,
Hawaiian Gardens, La Mirada, Norwalk, and portions of Bell Gardens, Lakewood, Long Beach, Santa Fe
Springs, and South Gate. The District currently operates Cerritos College, which provides collegiate level
instruction, degrees, and certificates in 87 areas of study in grades 13 and 14. Cerritos College is fully
accredited by the ACCJC. For fiscal year 2014-15, the District has a projected FTES count of
__________, and taxable property within the District has an assessed valuation of $_________________.
Administration
The District is governed by a seven-member Board of Trustees, each member of which is elected
to a four-year term. Elections for positions to the Board are held every two years. Current members of
the Board, together with their offices and the dates their terms expire, are listed below:
BOARD OF TRUSTEES
Cerritos Community College District
Name
Office
Term Expires
Carmen Avalos
President
November 30, 20__
Dr. Sandra Salazar
Vice President
November 30, 20__
Marisa Perez
Secretary
November 30, 20__
Bob Arthur
Member
November 30, 2016
John Paul Drayer
Member
November 30, 20__
Dr. Shin Liu
Member
November 30, 2014
Dr. Bob Hughlett
Member
November 30, 2014
The management and policies of the District are administered by an President/Superintendent
appointed by the Board of Trustees who is responsible for day-to-day District operations as well as the
supervision of the District’s other key personnel. Dr. Linda L. Lacy is the President/Superintendent of the
District and David El Fattal is the Vice President, Business Services/Assistant Superintendent. Brief
biographies of the President/Superintendent and the Vice President, Business Services/Assistant
Superintendent follow:
Dr. Linda L. Lacy, President/Superintendent. Dr. Linda Lacy began her tenure as
President/Superintendent of the District in September 2009. She received her Ed.D. in Higher Education
Administration from Oklahoma State University, her M.S. from Central State University and her B.S.
from Oklahoma State University. Prior to coming to Cerritos College, she served as Vice Chancellor of
Student Services and Operations of the Riverside Community College District and Interim President of
Riverside City College. Dr. Lacy served the Riverside Community College District in multiple capacities
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beginning in 1986 as an instructor and coach. Before her career at Riverside, she served as an instructor
and Assistant Principal for a K-12 school system in Oklahoma for 12 years.
David El Fattal, Vice President, Business Services/Assistant Superintendent. Mr. El Fattal
began his tenure as Vice President of Business Services of the District on March 1, 2010. He holds an
M.B.A. from Pepperdine University, a B.S. in Business Administration from University of Redlands and
an A.A. from Azusa Pacific University. Prior to serving the District, Mr. El Fattal served for 7 years as
Assistant Superintendent of Business Services for Culver City Unified School District. His career in
education began in 2002 and includes service at the Alameda County Office of Education as well as
assignments with the Conejo Valley Unified School District and Las Virgenes Unified School District.
Mr. El Fattal’s private sector career includes more than 15 years of service in senior level administrative
positions.
Labor Relations
As of ___________, 2014, the District employed ___ full-time certificated professionals and ___
full-time classified employees and managers. As of such date, the District also employed ____ part-time
faculty and staff. District employees, except management and some part-time employees, are represented
by five bargaining units as noted below:
LABOR RELATIONS ORGANIZATIONS
Cerritos Community College District
Labor Organization
Number of Employees
In Organization
Contract
Expiration Date
California School Employees Association
American Federation of Teachers
Source: Cerritos Community College District.
State Retirement Programs
The information set forth below regarding the STRS and PERS programs, other than the
information provided by the District regarding its annual contributions thereto, has been obtained from
publicly available sources which are believed to be reliable but are not guaranteed as to accuracy or
completeness, and should not to be construed as a representation by either the District or the
Underwriter.
STRS. All full-time certificated employees, as well as certain classified employees, are members
of the State Teachers’ Retirement System (“STRS”). STRS provides retirement, disability and survivor
benefits to plan members and beneficiaries under a defined benefit program (the “STRS Defined Benefit
Program”). The STRS Defined Benefit Program is funded through a combination of investment earnings
and statutorily set contributions from three sources: employees, employers, and the State. Benefit
provisions and contribution amounts are established by State statutes, as legislatively amended from time
to time.
Prior to fiscal year 2014-15, and unlike typical defined benefit programs, neither the employee,
employer or State contribution rate to the STRS Defined Benefit Program varied annually to make up
funding shortfalls or assess credits for actuarial surpluses. In recent years, the combined employer,
employee and State contributions to the STRS Defined Benefit Program have not been sufficient to pay
actuarially required amounts. As a result, and due to significant investment losses, the unfunded actuarial
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liability of the STRS Defined Benefit Program has increased significantly in recent fiscal years. In
September 2013, STRS projected that the STRS Defined Benefit Program would be depleted in 31 years
assuming existing contribution rates continued, and other significant actuarial assumptions were realized.
In an effort to reduce the unfunded actuarial liability of the STRS Defined Benefit Program, the State
recently passed legislation described below to increase contribution rates.
Prior to July 1, 2014, K-14 school districts were required by such statutes to contribute 8.25% of
eligible salary expenditures, while participants contributed 8% of their respective salaries. On June 24,
2014, the Governor signed A.B. 1469 (“A.B. 1469”) in to law as a part of the 2014-15 State Budget. A.B.
1469 seeks to fully fund the unfunded actuarial obligation with respect to service credited to members of
the STRS Defined Benefit Program before July 1, 2014 (the “2014 Liability”), within 32 years, by
increasing member, K-14 school district and State contributions to STRS. Commencing on July 1, 2014,
the employee contribution rates will increase over a three year phase in period in accordance with the
following schedule:
MEMBER CONTRIBUTION RATES
STRS (Defined Benefit Program)
Effective Date
STRS Members Hired Prior to
January 1, 2013
STRS Members Hired
After January 1, 2013
July 1, 2014
8.150%
8.150%
July 1, 2015
9.200
8.560
July 1, 2016
10.250
9.205
____________________
Source: A.B. 1469.
Pursuant to A.B. 1469, K-14 school districts’ contribution rate will increase over a seven year
phase in period in accordance with the following schedule:
K-14 SCHOOL DISTRICT CONTRIBUTION RATES
STRS (Defined Benefit Program)
Effective Date
K-14 school districts
July 1, 2014
8.88%
July 1, 2015
10.73
July 1, 2016
12.58
July 1, 2017
14.43
July 1, 2018
16.28
July 1, 2019
18.13
July 1, 2020
19.10
____________________
Source: A.B. 1469.
Based upon the recommendation from its actuary, for fiscal year 2021-22 and each fiscal year
thereafter, the STRS Teachers’ Retirement Board (the “STRS Board”) is required to increase or decrease
the K-14 school districts’ contribution rate to reflect the contribution required to eliminate the remaining
2014 Liability by June 30, 2046; provided that the rate cannot change in any fiscal year by more than 1%
of creditable compensation upon which members’ contributions to the STRS Defined Benefit Program are
based; and provided further that such contribution rate cannot exceed a maximum of 20.25%. In addition
to the increased contribution rates discussed above, A.B. 1469 also requires the STRS Board to report to
the State legislature every five years (commencing with a report due on or before July 1, 2019) on the
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fiscal health of the STRS Defined Benefit Program and the unfunded actuarial obligation with respect to
service credited to members of that program before July 1, 2014. The reports are also required to identify
adjustments required in contribution rates for K-14 school districts and the State in order to eliminate the
2014 Liability.
The District’s contributions to STRS for the fiscal years 2011-12, 2012-13 and 2013-14 were
$2,926,353, $2,939,939, and $_________ respectively. The District has projected its STRS contribution
for fiscal year 2014-15 to be $_________.
The State also contributes to STRS, currently in an amount equal to 3.454% of teacher payroll for
fiscal year 2014-15. The State’s contribution reflects a base contribution rate of 2.017%, and a
supplemental contribution rate that will vary from year to year based on statutory criteria. Pursuant to
A.B. 1469, the State contribution rate will increase over the next three years to a total of 6.328% in fiscal
year 2016-17. Based upon the recommendation from its actuary, for fiscal year 2017-18 and each fiscal
year thereafter, the STRS Board is required, with certain limitations, to increase or decrease the State’s
contribution rates to reflect the contribution required to eliminate the unfunded actuarial accrued liability
attributed to benefits in effect before July 1, 1990. In addition, the State is currently required to make an
annual general fund contribution up to 2.5% of the fiscal year covered STRS member payroll to the
Supplemental Benefit Protection Account (the “SBPA”), which was established by statute to provide
supplemental payments to beneficiaries whose purchasing power has fallen below 85% of the purchasing
power of their initial allowance.
PERS. Classified employees working four or more hours per day are members of the Public
Employees’ Retirement System (“PERS”). PERS provides retirement and disability benefits, annual cost-
of-living adjustments, and death benefits to plan members and beneficiaries. Benefit provisions are
established by the State statutes, as legislatively amended from time to time. PERS operates a number of
retirement plans including the Public Employees Retirement Fund (“PERF”). PERF is a multiple-
employer defined benefit retirement plan. In addition to the State, employer participants at June 30, 2013
included 1,580 public agencies and schools (representing more than 2,500 entities). PERS acts as the
common investment and administrative agent for the member agencies. The State and school districts
(for “classified employees,” which generally consist of school employees other than teachers) are required
by law to participate in PERF. Employees participating in PERF generally become fully vested in their
retirement benefits earned to date after five years of credited service. One of the plans operated by PERS
is for school districts throughout the State (the “Schools Pool”).
Contributions by employers to the PERS Schools Pool are based upon an actuarial rate
determined annually and contributions by plan members vary based upon their date of hire. The District
is currently required to contribute to PERS at an actuarially determined rate, which is 11.771% of eligible
salary expenditures for fiscal year 2014-15. Participants enrolled in PERS prior to January 1, 2013
contribute 7% of their respective salaries, while participants enrolled after January 1, 2013 contribute at
an actuarially determined rate, which is 6% of their respective salaries for fiscal year 2013-14. See “
California Public Employees’ Pension Reform Act of 2013” herein.
The District’s contributions to PERS for fiscal years 2011-12, 2012-13 and 2013-14 were
$2,099,132, $2,298,831, and $____________, respectively. The District has projected its PERS
contribution for fiscal year 2014-15 to be $_________.
State Pension Trusts. Each of STRS and PERS issues a separate comprehensive financial report
that includes financial statements and required supplemental information. Copies of such financial
reports may be obtained from each of STRS and PERS as follows: (i) STRS, P.O. Box 15275,
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Sacramento, California 95851-0275; (ii) PERS, P.O. Box 942703, Sacramento, California 94229-2703.
Moreover, each of STRS and PERS maintains a website, as follows: (i) STRS: www.calstrs.com
; (ii)
PERS: www.calpers.ca.gov. However, the information presented in such financial reports or on such
websites is not incorporated into this Official Statement by any reference.
Both STRS and PERS have substantial statewide unfunded liabilities. The amount of these
unfunded liabilities will vary depending on actuarial assumptions, returns on investments, salary scales
and participant contributions. The following table summarizes information regarding the actuarially-
determined accrued liability for both STRS and PERS. Actuarial assessments are “forward-looking
information that reflect the judgment of the fiduciaries of the pension plans, and are based upon a variety
of assumptions, one or more of which may not materialize or be changed in the future. Actuarial
assessments will change with the future experience of the pension plans.
The following table sets forth information regarding the actuarially-determined accrued liabilities
of both STRS and PERS.
FUNDED STATUS
STRS (Defined Benefit Program) and PERS
(Dollar Amounts in Millions)
(1)
Fiscal Years 2010-11 through 2012-13
STRS
PERS
Fiscal
Year
Accrued
Liability
Value of
Trust
Assets
(MVA)
(2)
Unfunded
Liability
(MVA)
(2)(3)
Unfunded
Liability
(AVA)
(4)
Accrued
Liability
Value of
Trust
Assets
(MVA)
(2)
Unfunded
Liability
(MVA)
(2)
Unfunded
Liability
(AVA)
(4)
2010-11
$208,405
$147,140
$68,365
$64,475
$58,358
$45,901
$12,457
$6,811
2011-12
215,189
143,118
80,354
70,957
59,439
44,854
14,585
5,648
2012-13
222,281
157,176
74,374
73,667
--
(5)
--
(5)
--
(5)
--
(5)
____________________
(1)
Amounts may not add due to rounding.
(2)
Reflects market value of assets.
(3)
Excludes SBPA reserve.
(4)
Reflects actuarial value of assets.
(5)
Actuarial valuation for fiscal year June 30, 2013 is not yet available. On April 16, 2014, the PERS Board (as defined herein)
released certain actuarial information to be incorporated into the June 30, 2013 actuarial valuation to be released in late
summer 2014. Based upon this information, as of June 30, 2013, the Schools Pool portion of the Public Employees
Retirement Fund had an unfunded accrued actuarial liability of $12.0 billion with a funded ratio of 80.5% based on market
value of assets.
Source: PERS State & Schools Actuarial Valuation; STRS Defined Benefit Program Actuarial Valuation.
Over the past two years, the PERS Board of Administration (the “PERS Board”) has taken
several steps, as described below, intended to reduce the amount of the unfunded accrued actuarial
liability of its plans, including the Schools Pool.
On March 14, 2012, the PERS Board voted to lower the PERS’ rate of expected price inflation
and its investment rate of return (net of administrative expenses) (the “PERS Discount Rate”) from 7.75%
to 7.5%. As one consequence of such decrease, the annual contribution amounts paid by PERS member
public agencies, including the District, have been increased by 1 to 2% for miscellaneous plans and by 2
to 3% for safety plans beginning in fiscal year 2013-14. On February 18, 2014, the PERS Board voted to
keep the PERS Discount Rate unchanged at 7.5%.
On April 17, 2013, the PERS Board approved new actuarial policies aimed at returning PERS to
fully-funded status within 30 years. The policies include a rate smoothing method with a 30-year
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amortization period for gains and losses, a five-year increase of public agency contribution rates,
including the contribution rate at the onset of such amortization period, and a five year reduction of public
agency contribution rates at the end of such amortization period. The PERS Board has delayed the
implementation of the new actuarial policies until fiscal year 2015-16 for the State, K-14 school districts
and all other public agencies.
Also, on February 20, 2014, the PERS Board approved new demographic assumptions reflecting
(i) expected longer life spans of public agency employees and related increases in costs for the PERS
system and (ii) trends of higher rates of retirement for certain public agency employee classes, including
police officers and firefighters. The cost of the revised assumptions shall be amortized over a 20-year
period and related increases in public agency contribution rates shall be affected over a three year period,
beginning in fiscal year 2014-15. The new demographic assumptions affect each of: the State, K-14
school districts and all other public agencies.
The District can make no representations regarding the future program liabilities of STRS, or
whether the District will be required to make additional contributions to STRS in the future above those
amounts required under A.B. 1469. The District can also provide no assurances that the District’s
required contributions to PERS will not increase in the future.
California Public Employees’ Pension Reform Act of 2013. On September 12, 2012, the
Governor signed into law the California Public Employee’s Pension Reform Act of 2013 (the “Reform
Act”), which makes changes to both STRS and PERS, most substantially affecting new employees hired
after January 1, 2013 (the “Implementation Date”). For STRS participants hired after the Implementation
Date, the Reform Act changes the normal retirement age by increasing the eligibility for the 2% age factor
(the age factor is the percent of final compensation to which an employee is entitled to for each year of
service) from age 60 to 62 and increasing the eligibility of the maximum age factor of 2.4% from age 63
to 65. Similarly, for non-safety PERS participants hired after the Implementation Date, the Reform Act
changes the normal retirement age by increasing the eligibility for the 2% age factor from age 55 to 62
and increases the eligibility requirement for the maximum age factor of 2.5% to age 67. Among the other
changes to PERS and STRS, the Reform Act also: (i) requires all new participants enrolled in PERS and
STRS after the Implementation Date to contribute at least 50% of the total annual normal cost of their
pension benefit each year as determined by an actuary, (ii) requires STRS and PERS to determine the
final compensation amount for employees based upon the highest annual compensation earnable averaged
over a consecutive 36-month period as the basis for calculating retirement benefits for new participants
enrolled after the Implementation Date (previously 12 months for STRS members who retire with 25
years of service), and (iii) caps “pensionable compensation” for new participants enrolled after the
Implementation Date at 100% of the federal Social Security contribution (to be adjusted annually based
on changes to the Consumer Price Index for all Urban Consumers) and benefit base for members
participating in Social Security or 120% for members not participating in social security (to be adjusted
annually based on changes to the Consumer Price Index for all Urban Consumers), while excluding
previously allowed forms of compensation under the formula such as payments for unused vacation,
annual leave, personal leave, sick leave, or compensatory time off.
Supplemental Early Retirement Program.
The District has established a supplemental early retirement program (the “SERP”) administered
by the Public Agency Retirement Services. The SERP provides eligible employees 80% of their final pay
as an incentive to resign from District employment. Faculty and certificated management employees are
eligible once they have reached the age of 55, with five years of service to the District, or alternatively the
age of 50 with 30 years of service. Classified non-management, confidential management and classified
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management employees are eligible once they have reached the age of 50 with five years of service to the
District. All employees to be eligible must have been concurrently eligible to retire with the PERS or
STRS programs as of June 30, 2011. The SERP provides several options for the payout of the benefit.
As of June 30, 2013, the District had a long-term obligation with respect to the SERP of $3,340,269. See
also “APPENDIX B EXCERPTS FROM THE FISCAL YEAR 2012-13 AUDITED FINANCIAL
STATEMENTS OF THE DISTRICT – Note 7.”
Other Post-Employment Benefits
Benefit Plan. The District operated a defined benefit healthcare plan that provides medical,
dental and vision insurance benefits (the “Post-Employment Benefits”) to eligible retirees of the District
and their spouses. As of June 30, 2014, there were ___ retirees currently receiving benefits, and ___
active plan members.
Funding Policy. The District recognizes expenditures for Post-Employment Benefits on a pay-
as-you-go-basis to cover the cost of benefits for current retirees, together with an additional amount to
prefund the District’s outstanding accrued liability for Post-Employment Benefits (as discussed herein).
During fiscal year 2013-14, the District realized total expenditures of $____________ for Post-
Employment Benefits for retired employees, net of a $____________ deposit to a retiree benefits fund.
The District has projected $____________ for such expenditures in fiscal year 2014-15, net of a projected
deposit to such fund of $____________.
The District has established a retiree benefits fund to begin funding the accrued liability
(discussed below) represented by the Post-Employment Benefits. The balance in this fund, as of June 30,
2014, was $____________. The retiree benefits fund, however, has not been irrevocably pledged to the
payment of Post-Employment Benefits, and may be accessed upon Board action for other purposes.
Accrued Liability. The District has implemented Governmental Accounting Standards Board
Statement #45, Accounting and Financial Reporting by Employers for Postemployment Benefit Plans
Other Than Pension Plans (“GASB 45”), pursuant to which the District has commissioned and received
several actuarial studies of its accrued liability with respect to the Post-Employment Benefits. The most
recent of these studies concluded that the District’s actuarial accrued liability (“AAL”) in respect of the
Post-Employment Benefits, as of the March 1, 2012 valuation date, was $14,283,221, and that the annual
required contribution (the “ARC”) was $1,058,655 beginning in fiscal year 2013-14. The ARC is the
amount that would be necessary to fund the value of future benefits earned by current employees during
each fiscal year (the “Normal Cost”) and the amount necessary to amortize the UAAL, in accordance with
the Governmental Accounting Standards Board Statements Nos. 43 and 45.
As of June 30, 2013, the District recognized a net long-term obligation of $2,171,068 based upon
its contributions towards the actuarially-determined ARC. See “—District Debt Structure” and
“APPENDIX B EXCERPTS FROM THE FISCAL YEAR 2012-13 AUDITED FINANCIAL
STATEMENTS OF THE DISTRICT —Note 9.”
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Risk Management
The District participates in several joint powers authorities (the “JPAs”) for insurance coverage
purposes. Specifically, the District participates in the Statewide Association of Community Colleges
(“SWACC”) and the Schools Association for Excess Risk (“SAFER”) for property and liability insurance
coverage, as well the Southern California Community College District Joint Powers Agency (“SCCCD”)
and the Protected Insurance Program for Schools and Community Colleges (“PIPS”) for workers
compensation insurance coverage. Coverage limits are as follows: (i) $249,750,000 of property coverage
and $24,000,000 of liability coverage through SAFER, (ii) $250,000 of property coverage and $1,000,000
of liability coverage through SWACC, and (iii) $1,000,000 of workers compensation through PIPS.
SCCD operates as an insurance purchasing pool, pursuant to which the District achieves a reduced
premium for workers compensation coverage.
The District pays annual premiums to each of SWACC, SAFER, and SCCCD for its property and
liability, and workers’ compensation insurance coverage. In addition, SCCCD holds a reserve fund for
the payment of post-employment benefit obligations. The relationship between the District and the JPAs
is such that none of the JPAs are a component unit of the District for financial reporting purposes.
District Debt Structure
Long-Term Debt. A schedule of the District’s general long-term debt as of June 30, 2013, is
shown below:
Balance
Beginning
of Year
Additions
Deductions
Balance
End of Year
General Obligation Bonds
$191,615,201
$2,020,306
$1,705,001
$191,930,506
Premium on issuance of bonds
5,595,889
--
450,030
5,143,859
SERP
4,453,692
--
1,113,423
3,340,269
Compensated absences
2,151,091
--
84,365
2,066,726
OPEB Obligation
1,788,021
383,047
--
2,171,068
Totals
$205,603,894
$2,403,353
$3,352,819
$204,654,428
______________________
Source: Cerritos Community College District.
Operating Leases. The District has entered various operating leases for building and equipment
with terms in excess of one year. None of the agreements contain purchase options. Future minimum
lease payments, as of June 30, 2013, were as follows:
Year Ending June 30
Lease Payment
2014
$130,263
2015
7,264
Total
$157,527
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General Obligation Bonds. At an election held on March 2, 2004, the voters of the District
approved the issuance of not-to-exceed $210,000,000 of general obligation bonds of the District (the
“2004 Authorization”). The District has issued the entirety of bonds authorized by the 2004
Authorization. Pursuant to the 2012 Authorization, the voters have approved the issuance of
$350,000,000 of bonds. The District has also issued one series of general obligation refunding bonds to
refinance then-outstanding portions of the bonds issued pursuant to the 2004 Authorization. The
following table summarizes the outstanding prior bond issuances of the District, not including the Bonds.
SUMMARY OF OUTSTANDING BONDED DEBT
Cerritos Community College District
Issuance
Initial
Principal Amount
Principal Currently
Outstanding
(1)
Date of Delivery
Election of 2004, Series 2004A
$37,325,000.00
July 14, 2004
Election of 2004, Series 2006B
34,845,000.00
September 6, 2006
Election of 2004, Series 2009C
55,000,000.00
March 9, 2009
Election of 2004, Series 2012D
82,825,515.05
April 4, 2012
2005 Refunding Bonds
27,135,993.50
June 16, 2005
The table on the following page summarizes the total debt service requirements for the District’s
outstanding general obligation bonded debt following the issuance of the Bonds (and assuming no
optional redemptions).
[REMAINDER OF PAGE LEFT BLANK]
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GENERAL OBLIGATION BONDS CONSOLIDATED DEBT SERVICE SCHEDULE
Cerritos Community College District
Year Ending
(August 1)
Election of 2004
Series 2004A
Bonds
2005 Refunding
Bonds
Election of 2004
Series 2006B
Bonds
Election of 2004
Series 2009C
Bonds
Election of 2004
Series 2012D
Bonds
The Bonds
Total Annual
Debt Service
2015
$141,712.50
$2,578,250.00
$1,502,087.50
$3,177,325.00
$2,625,718.76
2016
149,650.00
2,683,250.00
1,502,087.50
3,468,525.00
2,600,718.76
2017
156,650.00
2,788,500.00
1,502,087.50
3,572,125.00
2,785,718.76
2018
163,500.00
2,899,250.00
1,502,087.50
3,680,125.00
2,965,718.76
2019
169,500.00
3,019,750.00
1,502,087.50
3,792,125.00
3,155,718.76
2020
175,000.00
3,139,000.00
1,502,087.50
3,902,725.00
3,365,718.76
2021
185,000.00
3,261,500.00
1,502,087.50
4,017,662.50
3,580,718.76
2022
194,250.00
3,391,500.00
1,502,087.50
4,142,362.50
3,795,718.76
2023
202,750.00
3,528,000.00
1,502,087.50
4,265,775.00
4,030,718.76
2024
215,500.00
--
4,072,087.50
4,392,375.00
5,115,718.76
2025
222,250.00
--
4,235,012.50
4,526,375.00
5,500,718.76
2026
233,250.00
--
4,399,400.00
4,661,725.00
5,750,718.76
2027
243,250.00
--
4,579,537.50
4,797,637.50
6,010,718.76
2028
257,250.00
--
4,754,000.00
4,943,325.00
6,290,718.76
2029
--
--
5,212,750.00
5,092,475.00
6,535,718.76
2030
--
--
5,424,000.00
5,249,037.50
6,835,718.76
2031
--
--
5,638,500.00
5,406,700.00
7,145,718.76
2032
--
--
--
5,564,412.50
13,020,718.76
2033
--
--
--
5,736,125.00
13,825,718.76
2034
--
--
--
--
17,135,718.76
2035
--
--
--
--
17,135,718.76
2036
--
--
--
--
17,133,950.00
2037
--
--
--
--
17,086,175.00
2038
--
--
--
--
17,089,625.00
Total
$2,709,512.50
$27,289,000.00
$51,834,075.00
$84,388,937.50
$190,519,843.96
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TAX
MATTERS
In the opinion of Stradling Yocca Carlson & Rauth, a Professional Corporation, San Francisco,
California (“Bond Counsel”), under existing statutes, regulations, rulings and judicial decisions, and
assuming the accuracy of certain representations and compliance with certain covenants and requirements
described herein, interest on the Bonds is excluded from gross income for federal income tax purposes
and is not an item of tax preference for purposes of calculating the federal alternative minimum tax
imposed on individuals and corporations. Bond Counsel notes that, with respect to corporations, interest
on the Bonds may be included as an adjustment in the calculation of alternative minimum taxable income
which may affect the alternative minimum tax liability of corporations. In the further opinion of Bond
Counsel, interest on the Bonds is exempt from State of California personal income tax.
The difference between the issue price of a Bond (the first price at which a substantial amount of
the Bonds of the same series and maturity is to be sold to the public) and the stated redemption price at
maturity with respect to such Bond constitutes original issue discount. Original issue discount accrues
under a constant yield method, and original issue discount will accrue to a Bond Owner before receipt of
cash attributable to such excludable income. The amount of original issue discount deemed received by
the Bond Owner will increase the Bond Owner’s basis in the Bond. In the opinion of Bond Counsel, the
amount of original issue discount that accrues to the owner of the Bond is excluded from the gross income
of such owner for federal income tax purposes, is not an item of tax preference for purposes of the federal
alternative minimum tax imposed on individuals and corporations, and is exempt from State of California
personal income tax.
Bond Counsel’s opinion as to the exclusion from gross income of interest (and original issue
discount) on the Bonds is based upon certain representations of fact and certifications made by the
District and others and is subject to the condition that the District complies with all requirements of the
Internal Revenue Code of 1986, as amended (the “Code”), that must be satisfied subsequent to the
issuance of the Bonds to assure that interest (and original issue discount) on the Bonds will not become
includable in gross income for federal income tax purposes. Failure to comply with such requirements of
the Code might cause the interest (and original issue discount) on the Bonds to be included in gross
income for federal income tax purposes retroactive to the date of issuance of the Bonds. The District has
covenanted to comply with all such requirements.
The amount by which a Bond Owner’s original basis for determining loss on sale or exchange in
the applicable Bond (generally, the purchase price) exceeds the amount payable on maturity (or on an
earlier call date) constitutes amortizable Bond premium, which must be amortized under Section 171 of
the Code; such amortizable Bond premium reduces the Bond Owner’s basis in the applicable Bond (and
the amount of tax-exempt interest received), and is not deductible for federal income tax purposes. The
basis reduction as a result of the amortization of Bond premium may result in a Bond Owner realizing a
taxable gain when a Bond is sold by the Owner for an amount equal to or less (under certain
circumstances) than the original cost of the Bond to the Owner. Purchasers of the Bonds should consult
their own tax advisors as to the treatment, computation and collateral consequences of amortizable Bond
premium.
The Internal Revenue Service (the “IRS”) has initiated an expanded program for the auditing of
tax-exempt bond issues, including both random and targeted audits. It is possible that the Bonds will be
selected for audit by the IRS. It is also possible that the market value of the Bonds might be affected as a
result of such an audit of the Bonds (or by an audit of similar bonds). No assurance can be given that in
the course of an audit, as a result of an audit, or otherwise, Congress or the IRS might not change the
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Code (or interpretation thereof) subsequent to the issuance of the Bonds to the extent that it adversely
affects the exclusion from gross income of interest on the Bonds or their market value.
SUBSEQUENT TO THE ISSUANCE OF THE BONDS, THERE MIGHT BE FEDERAL,
STATE OR LOCAL STATUTORY CHANGES (OR JUDICIAL OR REGULATORY
INTERPRETATIONS OF FEDERAL, STATE OR LOCAL LAW) THAT AFFECT THE FEDERAL,
STATE OR LOCAL TAX TREATMENT OF THE INTEREST ON THE BONDS OR THE MARKET
VALUE OF THE BONDS. LEGISLATIVE CHANGES HAVE BEEN PROPOSED IN CONGRESS,
WHICH, IF ENACTED, WOULD RESULT IN ADDITIONAL FEDERAL INCOME TAX BEING
IMPOSED ON CERTAIN OWNERS OF TAX-EXEMPT STATE OR LOCAL OBLIGATIONS, SUCH
AS THE BONDS. THE INTRODUCTION OR ENACTMENT OF ANY OF SUCH CHANGES
COULD ADVERSELY AFFECT THE MARKET VALUE OR LIQUIDITY OF THE BONDS. NO
ASSURANCE CAN BE GIVEN THAT, SUBSEQUENT TO THE ISSUANCE OF THE BONDS,
SUCH CHANGES (OR OTHER CHANGES) WILL NOT BE INTRODUCED OR ENACTED OR
INTERPRETATIONS WILL NOT OCCUR. BEFORE PURCHASING ANY OF THE BONDS, ALL
POTENTIAL PURCHASERS SHOULD CONSULT THEIR TAX ADVISORS REGARDING
POSSIBLE STATUTORY CHANGES OR JUDICIAL OR REGULATORY CHANGES OR
INTERPRETATIONS, AND THEIR COLLATERAL TAX CONSEQUENCES RELATING TO THE
BONDS.
Bond Counsel’s opinions may be affected by actions taken (or not taken) or events occurring (or
not occurring) after the date hereof. Bond Counsel has not undertaken to determine, or to inform any
person, whether any such actions or events are taken or do occur. The Resolution and the Tax Certificate
relating to the Bonds permit certain actions to be taken or to be omitted if a favorable opinion of bond
counsel is provided with respect thereto. Bond Counsel expresses no opinion as to the effect on the
exclusion from gross income of interest (and original issue discount) on the Bonds for federal income tax
purposes with respect to any Bond if any such action is taken or omitted based upon the advice of counsel
other than Stradling Yocca Carlson & Rauth.
Although Bond Counsel has rendered an opinion that interest (and original issue discount) on the
Bonds is excluded from gross income for federal income tax purposes provided that the District continues
to comply with certain requirements of the Code, the ownership of the Bonds and the accrual or receipt of
interest (and original issue discount) on the Bonds may otherwise affect the tax liability of certain
persons. Bond Counsel expresses no opinion regarding any such tax consequences. Accordingly, before
purchasing any of the Bonds, all potential purchasers should consult their tax advisors with respect to
collateral tax consequences relating to the Bonds.
A copy of the proposed form of opinion of Bond Counsel is attached hereto as Appendix A.
LEGAL
MATTERS
Legality for Investment in California
Under provisions of the California Financial Code, the Bonds are legal investments for
commercial banks in California to the extent that the Bonds, in the informed opinion of the bank, are
prudent for the investment of funds of depositors, and, under provisions of the Government Code of the
State, are eligible security for deposits of public moneys in the State.
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Continuing Disclosure
In connection with the issuance of the Bonds, the District has covenanted for the benefit of
bondholders (including Beneficial Owners of the Bonds) to provide certain financial information and
operating data relating to the District (the “Annual Reports”) by not later than nine months following the
end of the District’s fiscal year (which currently ends June 30), commencing with the report for the
2013-14 fiscal year, and to provide notices of the occurrence of certain enumerated events. The Annual
Reports and notices of material events will be filed by the District in accordance with the requirements of
S.E.C. Rule 15c2-12(b)(5) (the “Rule”). The specific nature of the information to be contained in the
Annual Reports or the notices of material events is included in “APPENDIX C FORM OF
CONTINUING DISCLOSURE CERTIFICATE” attached hereto. These covenants have been made in
order to assist the Underwriters in complying with the Rule.
[TO COME].
No Litigation
No litigation is pending or threatened concerning the validity of the Bonds, and a certificate to
that effect will be furnished to purchasers at the time of the original delivery of the Bonds. There is no
litigation pending, and the District is not aware of any litigation threatened, questioning the political
existence of the District or contesting the District’s ability to receive ad valorem taxes or to collect other
revenues or contesting the District’s ability to issue and retire the Bonds.
Information Reporting Requirements
On May 17, 2006, the President signed the Tax Increase Prevention and Reconciliation Act of
2005 (“TIPRA”). Under Section 6049 of the Internal Revenue Code of 1986, as amended by TIPRA,
interest paid on tax-exempt obligations is subject to information reporting in a manner similar to interest
paid on taxable obligations. The effective date of this provision is for interest paid after December 31,
2005, regardless of when the tax-exempt obligations were issued. The purpose of this change was to
assist in relevant information gathering for the IRS relating to other applicable tax provisions. TIPRA
provides that backup withholding may apply to such interest payments made after March 31, 2007 to any
bondholder who fails to file an accurate Form W-9 or who meets certain other criteria. The information
reporting and backup withholding requirements of TIPRA do not affect the excludability of such interest
from gross income for federal income tax purposes.
Legal Opinion
The legal opinion of Bond Counsel, approving the validity of the Bonds, will be supplied to the
original purchasers of the Bonds without cost. A copy of the proposed form of such legal opinion is
attached to this Official Statement as Appendix A.
MISCELLANEOUS
Ratings
The Bonds have been assigned ratings of “__” and “___by S&P and Moody’s, respectively.
The ratings reflect only the view of the rating agencies, and any explanation of the significance of such
ratings should be obtained from the rating agencies at the following address: Standard & Poor’s, a
Standard & Poor’s Financial Services LLC business, 55 Water Street, 45th Floor, New York, NY 10041,
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and Moody’s Investors Service, 7 World Trade Center at 250 Greenwich Street, New York, NY 10007.
There is no assurance that the ratings will be retained for any given period of time or that the same will
not be revised downward or withdrawn entirely by the rating agencies if, in the judgment of the rating
agencies, circumstances so warrant. The District undertakes no responsibility to oppose any such revision
or withdrawal. Any such downward revision or withdrawal of the ratings obtained may have an adverse
effect on the market price of the Bonds.
Financial Statements
Portions of the financial statements with supplemental information for the year ended June 30,
2013, the independent auditor’s report of the District, and the related statements of activities and of cash
flows for the year then ended, and the report dated December 20, 2013 of Christy White Associates, a
Professional Accountancy Corporation (the “Auditor”), are included in this Official Statement as
Appendix B. In connection with the inclusion of portions of the financial statements and the report of the
Auditor thereon in Appendix B to this Official Statement, the District did not request the Auditor to, and
the Auditor has not undertaken to, update its report or to take any action intended or likely to elicit
information concerning the accuracy, completeness or fairness of the statements made in this Official
Statement, and no opinion is expressed by the Auditor with respect to any event subsequent to the date of
its report.
Underwriting
Wells Fargo Bank, N.A., on behalf of itself J.P. Morgan Securities Inc. and RBC Capital Markets
LLC (collectively, the “Underwriters”) has agreed, pursuant to a contract of purchase by and between the
District and the Underwriters, to purchase all of the Bonds for a purchase price of $_____________
(equal to the principal amount of the Bonds of $_____________, plus original issue premium of
$_____________, and less an underwriting discount of $_____________).
The purchase contract related to the Bonds provides that the Underwriters will purchase all of the
Bonds if any are purchased, the obligation to make such purchase being subject to certain terms and
conditions set forth in the purchase contract, the approval of certain legal matters by Bond Counsel and
certain other conditions. The initial offering prices stated on the cover of this Official Statement may be
changed from time to time by the Underwriters. The Underwriters may offer and sell Bonds to certain
dealers and others at prices lower than such initial offering prices.
[RETAIL DISTRIBUTION LANGUAGE TO COME].
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Additional Information
This Official Statement supplies information to prospective buyers of the Bonds. Quotations
from and summaries and explanations of the Bonds, the Resolution providing for issuance of the Bonds,
and the constitutional provisions, statutes and other documents referenced herein, do not purport to be
complete, and reference is made to said documents, constitutional provisions and statutes for full and
complete statements of their provisions.
All data contained herein about the District has been taken or constructed from District records.
Appropriate District officials, acting in their official capacities, have reviewed this Official Statement and
have determined that, as of the date hereof, the information contained herein is, to the best of their
knowledge and belief, true and correct in all material respects and does not contain an untrue statement of
a material fact or omit to state a material fact necessary in order to make the statements made herein, in
light of the circumstances under which they were made, not misleading. This Official Statement has been
approved by the District.
Any statements in this Official Statement involving matters of opinion, whether or not expressly
so stated, are intended only as such and not as representations of fact. This Official Statement is not to be
construed as a contract or agreement between the District and the purchasers or Owners, beneficial or
otherwise, of any of the Bonds.
This Official Statement and the delivery thereof have been duly approved and authorized by the
District.
CERRITOS COMMUNITY COLLEGE DISTRICT
By:
David El Fattal
Vice President, Business Services/
Assistant Superintendent
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APPENDIX A
FORM OF OPINION OF BOND COUNSEL
Upon issuance of the Bonds, Stradling Yocca Carlson & Rauth, a Professional Corporation,
Bond Counsel, proposes to render its final approving opinion with respect to the Bonds in substantially
the following form.
______________, 2014
Board of Trustees
Cerritos Community College District
Members of the Board of Trustees:
We have examined a certified copy of the record of the proceedings relative to the issuance and
sale of $_____________ Cerritos Community College District (Los Angeles County, California) Election
of 2012 General Obligation Bonds, Series 2014A (the “Bonds”). As to questions of fact material to our
opinion, we have relied upon the certified proceedings and other certifications of public officials
furnished to us without undertaking to verify the same by independent investigation.
Based on our examination as bond counsel of existing law, certified copies of such legal
proceedings and such other proofs as we deem necessary to render this opinion, we are of the opinion, as
of the date hereof and under existing law, that:
1. Such proceedings and proofs show lawful authority for the issuance and sale of
the Bonds pursuant to Article 4.5 of Chapter 3 of Part 1 of Division 2 of Title 5 of the
Government Code of the State of California, a greater than fifty-five percent vote of the qualified
electors of the Cerritos Community College District (the “District”) voting at an election held on
November 6, 2012, and a resolution adopted by the Board of Trustees of the District (the
“Resolution”).
2. The Bonds constitute valid and binding general obligations of the District,
payable as to both principal and interest from the proceeds of a levy of ad valorem property taxes
on all property subject to such taxes in the District, which taxes are unlimited as to rate or
amount.
3. Under existing statutes, regulations, rulings and judicial decisions, interest on the
Bonds is excluded from gross income for federal income tax purposes and is not an item of tax
preference for purposes of calculating the federal alternative minimum tax imposed on
individuals and corporations; however, it should be noted that, with respect to corporations, such
interest may be included as an adjustment in the calculation of alternative minimum taxable
income, which may affect the alternative minimum tax liability of corporations.
4. Interest on the Bonds is exempt from State of California personal income tax.
5. The difference between the issue price of a Bond (the first price at which a
substantial amount of the Bonds of a maturity is to be sold to the public) and the stated
redemption price at maturity with respect to such Bonds constitutes original issue discount.
Original issue discount accrues under a constant yield method, and original issue discount will
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accrue to a Bondowner before receipt of cash attributable to such excludable income. The
amount of original issue discount deemed received by a Bondowner will increase the
Bondowner’s basis in the applicable Bond. Original issue discount that accrues to the
Bondowner is excluded from the gross income of such owner for federal income tax purposes, is
not an item of tax preference for purposes of the federal alternative minimum tax imposed on
individuals and corporations, and is exempt from State of California personal income tax.
6. The amount by which a Bondowner’s original basis for determining loss on sale
or exchange in the applicable Bond (generally, the purchase price) exceeds the amount payable
on maturity (or on an earlier call date) constitutes amortizable Bond premium, which must be
amortized under Section 171 of the Internal Revenue Code of 1986, as amended (the “Code”);
such amortizable Bond premium reduces the Bondowner’s basis in the applicable Bond (and the
amount of tax-exempt interest received), and is not deductible for federal income tax purposes.
The basis reduction as a result of the amortization of Bond premium may result in a Bondowner
realizing a taxable gain when a Bond is sold by the Bondowner for an amount equal to or less
(under certain circumstances) than the original cost of the Bond to the Bondowner. Purchasers of
the Bonds should consult their own tax advisors as to the treatment, computation and collateral
consequences of amortizable Bond premium.
The opinions expressed herein may be affected by actions taken (or not taken) or events occurring
(or not occurring) after the date hereof. We have not undertaken to determine, or to inform any person,
whether any such actions or events are taken or do occur. The Resolution and the Tax Certificate relating
to the Bonds permit certain actions to be taken or to be omitted if a favorable opinion of Bond Counsel is
provided with respect thereto. No opinion is expressed herein as to the effect on the exclusion from gross
income of interest (and original issue discount) for federal income tax purposes with respect to any Bond
if any such action is taken or omitted based upon the advice of counsel other than ourselves. Other than
expressly stated herein, we express no opinion regarding tax consequences with respect to the Bonds.
The opinions expressed herein as to the exclusion from gross income of interest (and original
issue discount) on the Bonds are based upon certain representations of fact and certifications made by the
District and others and are subject to the condition that the District complies with all requirements of the
Code, that must be satisfied subsequent to the issuance of the Bonds to assure that such interest (and
original issue discount) will not become includable in gross income for federal income tax purposes.
Failure to comply with such requirements of the Code might cause interest (and original issue discount)
on the Bonds to be included in gross income for federal income tax purposes retroactive to the date of
issuance of the Bonds. The District has covenanted to comply with all such requirements.
It is possible that subsequent to the issuance of the Bonds there might be federal, state, or local
statutory changes (or judicial or regulatory interpretations of federal, state, or local law) that affect the
federal, state, or local tax treatment of the Bonds or the market value of the Bonds. No assurance can be
given that subsequent to the issuance of the Bonds such changes or interpretations will not occur.
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The rights of the owners of the Bonds and the enforceability thereof may be subject to
bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors’ rights
heretofore or hereafter enacted to the extent constitutionally applicable and their enforcement may also be
subject to the exercise of judicial discretion in appropriate cases and by the limitations on legal remedies
against public agencies in the State of California.
Respectfully submitted,
Stradling Yocca Carlson & Rauth
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APPENDIX B
EXCERPTS FROM THE FISCAL YEAR 2012-13
AUDITED FINANCIAL STATEMENTS OF THE DISTRICT
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APPENDIX C
FORM OF CONTINUING DISCLOSURE CERTIFICATE
This Continuing Disclosure Certificate (the “Disclosure Certificate”) is executed and delivered by
the Cerritos Community College District (the “District”) in connection with the issuance of
$_____________ Cerritos Community College District (Los Angeles County, California) Election of
2012 General Obligation Bonds, Series 2014A (the “Bonds”). The Bonds are being issued pursuant to a
resolution of the Board of Trustees of the District adopted on October 1, 2014 (the “Resolution”). The
District covenants and agrees as follows:
SECTION 1. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed
and delivered by the District for the benefit of the Holders and Beneficial Owners of the Bonds and in
order to assist the Participating Underwriter in complying with S.E.C. Rule 15c2-12(b)(5).
SECTION 2. Definitions. In addition to the definitions set forth in the Resolution, which apply
to any capitalized term used in this Disclosure Certificate unless otherwise defined in this Section, the
following capitalized terms shall have the following meanings:
“Annual Report” shall mean any Annual Report provided by the District pursuant to, and as
described in, Sections 3 and 4 of this Disclosure Certificate.
“Beneficial Owner” shall mean any person which (a) has the power, directly or indirectly, to vote
or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds
through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for
federal income tax purposes.
“Dissemination Agent” shall mean initially the District, or any successor Dissemination Agent
designated in writing by the District (which may be the District) and which has filed with the District a
written acceptance of such designation.
“Holders” shall mean registered owners of the Bonds.
“Listed Events” shall mean any of the events listed in Section 5(a) and 5(b) of this Disclosure
Certificate.
“Official Statement” shall mean that certain Official Statement relating to the Bonds, dated as of
__________, 2014.
“Participating Underwriter” shall mean each of the original underwriters of the Bonds required to
comply with the Rule in connection with offering of the Bonds.
“Repository” shall mean, the Municipal Securities Rulemaking Board, which can be found at
http://emma.msrb.org/, or any other repository of disclosure information that may be designated by the
Securities and Exchange Commission as such for purposes of the Rule in the future.
“Rule” shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission
under the Securities Exchange Act of 1934, as the same may be amended from time to time.
“State” shall mean the State of California.
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SECTION 3. Provision of Annual Reports.
(a) The District shall, or shall cause the Dissemination Agent to, not later than nine months
after the end of the District’s fiscal year (presently ending June 30), commencing with the report for the
2013-14 Fiscal Year, provide to the Repository an Annual Report which is consistent with the
requirements of Section 4 of this Disclosure Certificate, with a copy to the Participating Underwriter. The
Annual Report may be submitted as a single document or as separate documents comprising a package,
and may cross-reference other information as provided in Section 4 of this Disclosure Certificate;
provided that the audited financial statements of the District may be submitted separately from the
balance of the Annual Report and later than the date required above for the filing of the Annual Report if
they are not available by that date. If the District’s fiscal year changes, it shall give notice of such change
in the same manner as for a Listed Event under Section 5(b).
(b) Not later than 30 days (nor more than 60 days) prior to said date the Dissemination Agent
shall give notice to the District that the Annual Report shall be required to be filed in accordance with the
terms of this Disclosure Certificate. Not later than 15 Business Days prior to said date, the District shall
provide the Annual Report in a format suitable for reporting to the Repository to the Dissemination Agent
(if other than the District). If the District is unable to provide to the Repository an Annual Report by the
date required in subsection (a), the District shall send a notice to the Repository in substantially the form
attached as Exhibit A with a copy to the Dissemination Agent. The Dissemination Agent shall not be
required to file a Notice to Repository of Failure to File an Annual Report.
(c) The Dissemination Agent shall file a report with the District stating it has filed the
Annual Report in accordance with its obligations hereunder, stating the date it was provided to the
Repository.
SECTION 4. Content and Form of Annual Reports. (a) The District’s Annual Report shall
contain or include by reference the following:
1. The audited financial statements of the District for the prior fiscal year, prepared
in accordance with generally accepted accounting principles as promulgated to apply to
governmental entities from time to time by the Governmental Accounting Standards Board. If
the District’s audited financial statements are not available by the time the Annual Report is
required to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financial
statements in a format similar to the financial statements contained in the final Official Statement,
and the audited financial statements shall be filed in the same manner as the Annual Report when
they become available.
2. Material financial information and operating data with respect to the District of
the type included in the Official Statement in the following categories (to the extent not included
in the District’s audited financial statements):
(A) State funding received by the District for the last completed fiscal year;
(B) Full time equivalent student counts of the District for the last completed fiscal
year;
(C) Outstanding District indebtedness;
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(D) Summary financial information on revenues, expenditures and fund balances for
the District’s general fund reflecting adopted budget for the then-current fiscal
year;
(E) Current assessed valuation of taxable property within the District; and
(F) Data regarding secured ad valorem tax charges and delinquencies for property
within the District, except to the extent the County of Los Angeles adopts the
Teeter Plan for tax levies for District bonded indebtedness.
Any or all of the items listed above may be included by specific reference to other documents, including
official statements of debt issues of the District or related public entities, which have been submitted to
the Repository or the Securities and Exchange Commission. If the document included by reference is a
final official statement, it must be available from the Municipal Securities Rulemaking Board. The
District shall clearly identify each such other document so included by reference.
(b) The Annual Report will be filed in an electronic format accompanied by such identifying
information as shall be prescribed by the Municipal Securities Rulemaking Board.
SECTION 5. Reporting of Significant Events.
(a) Pursuant to the provisions of this Section 5(a), the District shall give, or cause to be
given, notice of the occurrence of any of the following events with respect to the Bonds in a timely
manner not in excess of 10 business days after the occurrence of the event:
1. principal and interest payment delinquencies.
2. tender offers.
3. defeasances.
4. rating changes.
5. adverse tax opinions, the issuance by the Internal Revenue Service of proposed
or final determinations of taxability, or Notices of Proposed Issue (IRS Form 5701-TEB).
6. unscheduled draws on the debt service reserves reflecting financial difficulties.
7. unscheduled draws on credit enhancement reflecting financial difficulties.
8. substitution of the credit or liquidity providers or their failure to perform.
9. bankruptcy, insolvency, receivership or similar event of the District. For the
purposes of the event identified in this Section 5(a)(9), the event is considered to occur when any
of the following occur: the appointment of a receiver, fiscal agent or similar officer for the
District in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or
federal law in which a court or governmental authority has assumed jurisdiction over
substantially all of the assets or business of the District, or if such jurisdiction has been assumed
by leaving the existing governmental body and officials or officers in possession but subject to
the supervision and orders of a court or governmental authority, or the entry of an order
confirming a plan of reorganization, arrangement or liquidation by a court or governmental
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authority having supervision or jurisdiction over substantially all of the assets or business of the
District.
(b) Pursuant to the provisions of this Section 5(b), the District shall give, or cause to
be given, notice of the occurrence of any of the following events with respect to the Bonds, if
material:
1. non-payment related defaults.
2. modifications to rights of Holders.
3. optional, contingent or unscheduled bond calls.
4. unless described under Section 5(a)(5) above, material notices or determinations
with respect to the tax status of the Bonds, or other material events affecting the tax status of the
Bonds.
5. release, substitution or sale of property securing repayment of the Bonds.
6. the consummation of a merger, consolidation, or acquisition involving the
District or the sale of all or substantially all of the assets of the District, other than in the ordinary
course of business, the entry into a definitive agreement to undertake such an action or the
termination of a definitive agreement relating to any such actions, other than pursuant to its terms.
7. Appointment of a successor or additional trustee or paying agent with respect to
the Bonds or the change of name of such a trustee or paying agent.
(c) Whenever the District obtains knowledge of the occurrence of a Listed Event under
Section 5(b) hereof, the District shall as soon as possible determine if such event would be material under
applicable federal securities laws.
(d) If the District determines that knowledge of the occurrence of a Listed Event under
Section 5(b) hereof would be material under applicable federal securities laws, the District shall (i) file a
notice of such occurrence with the Repository in a timely manner not in excess of 10 business days after
the occurrence of the event or (ii) provide notice of such reportable event to the Dissemination Agent in
format suitable for filing with the Repository in a timely manner not in excess of 10 business days after
the occurrence of the event. The Dissemination Agent shall have no duty to independently prepare or file
any report of Listed Events. The Dissemination Agent may conclusively rely on the District’s
determination of materiality pursuant to Section 5(c).
SECTION 6. Termination of Reporting Obligation. The District’s obligations under this
Disclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment in full of all
of the Bonds. If such termination occurs prior to the final maturity of the Bonds, the District shall give
notice of such termination in the same manner as for a Listed Event under Section 5(a) or 5(b), as
applicable.
SECTION 7. Dissemination Agent. The District may, from time to time, appoint or engage a
Dissemination Agent (or substitute Dissemination Agent) to assist it in carrying out its obligations under
this Disclosure Certificate, and may discharge any such Agent, with or without appointing a successor
Dissemination Agent. The Dissemination Agent may resign upon 15 days written notice to the District.
Upon such resignation, the District shall act as its own Dissemination Agent until it appoints a successor.
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The Dissemination Agent shall not be responsible in any manner for the content of any notice or report
prepared by the District pursuant to this Disclosure Certificate and shall not be responsible to verify the
accuracy, completeness or materiality of any continuing disclosure information provided by the District.
The District shall compensate the Dissemination Agent for its fees and expenses hereunder as agreed by
the parties. Any entity succeeding to all or substantially all of the Dissemination Agent’s corporate trust
business shall be the successor Dissemination Agent without the execution or filing of any paper or
further act.
SECTION 8. Amendment; Waiver. Notwithstanding any other provision of this Disclosure
Certificate, the District may amend this Disclosure Certificate, and any provision of this Disclosure
Certificate may be waived, provided that the following conditions are satisfied:
(a) If the amendment or waiver relates to the provisions of Sections 3(a), 4, 5(a) or
5(b), it may only be made in connection with a change in circumstances that arises from a change
in legal requirements, change in law, or change in the identity, nature or status of an obligated
person with respect to the Bonds, or the type of business conducted;
(b) The undertaking, as amended or taking into account such waiver, would, in the
opinion of nationally recognized bond counsel, have complied with the requirements of the Rule
at the time of the original issuance of the Bonds, after taking into account any amendments or
interpretations of the Rule, as well as any change in circumstances;
(c) The amendment or waiver does not, in the opinion of nationally recognized bond
counsel, materially impair the interests of the Holders or Beneficial Owners of the Bonds; and
(d) No duties of the Dissemination Agent hereunder shall be amended without its
written consent thereto.
In the event of any amendment or waiver of a provision of this Disclosure Certificate, the District shall
describe such amendment in the next Annual Report, and shall include, as applicable, a narrative
explanation of the reason for the amendment or waiver and its impact on the type (or in the case of a
change of accounting principles, on the presentation) of financial information or operating data being
presented by the District. In addition, if the amendment relates to the accounting principles to be followed
in preparing financial statements, (i) notice of such change shall be given in the same manner as for a
Listed Event under Section 5(b), and (ii) the Annual Report for the year in which the change is made
should present a comparison (in narrative form and also, if feasible, in quantitative form) between the
financial statements as prepared on the basis of the new accounting principles and those prepared on the
basis of the former accounting principles.
SECTION 9. Additional Information. Nothing in this Disclosure Certificate shall be deemed to
prevent the District from disseminating any other information, using the means of dissemination set forth
in this Disclosure Certificate or any other means of communication, or including any other information in
any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this
Disclosure Certificate. If the District chooses to include any information in any Annual Report or notice
of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure
Certificate, the District shall have no obligation under this Certificate to update such information or
include it in any future Annual Report or notice of occurrence of a Listed Event.
SECTION 10. Default. In the event of a failure of the District to comply with any provision of
this Disclosure Certificate any Holder or Beneficial Owner of the Bonds may take such actions as may be
necessary and appropriate, including seeking mandate or specific performance by court order, to cause the
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District to comply with its obligations under this Disclosure Certificate. A default under this Disclosure
Certificate shall not be deemed an event of default under the Resolution, and the sole remedy under this
Disclosure Certificate in the event of any failure of the District to comply with this Disclosure Certificate
shall be an action to compel performance.
SECTION 11. Duties, Immunities and Liabilities of Dissemination Agent. The Dissemination
Agent shall have only such duties as are specifically set forth in this Disclosure Certificate. The
Dissemination Agent acts hereunder solely for the benefit of the District; this Disclosure Certificate shall
confer no duties on the Dissemination Agent to the Participating Underwriter, the Holders and the
Beneficial Owners. The District agrees to indemnify and save the Dissemination Agent, its officers,
directors, employees and agents, harmless against any loss, expense and liabilities which it may incur
arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and
expenses (including attorneys fees) of defending against any claim of liability, but excluding liabilities
due to the Dissemination Agent’s negligence or willful misconduct. The obligations of the District under
this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds.
The Dissemination Agent shall have no liability for the failure to report any event or any financial
information as to which the District has not provided an information report in format suitable for filing
with the Repositories. The Dissemination Agent shall not be required to monitor or enforce the District’s
duty to comply with its continuing disclosure requirements hereunder.
SECTION 12. Notices. Any notices or communications to or among any of the parties to this
Disclosure Certificate may be given as follows:
To the District: Cerritos Community College District
1110 Alondra Boulevard
Norwalk, California 90650
To the Dissemination Agent: Cerritos Community College District
1110 Alondra Boulevard
Norwalk, California 90650
SECTION 13. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the
District, the Dissemination Agent, the Participating Underwriter and Holders and Beneficial Owners from
time to time of the Bonds, and shall create no rights in any other person or entity.
SECTION 12. Signature. This Disclosure Certificate has been executed by the undersigned on
the date hereof, and such signature binds the District to the undertaking herein provided.
Date: ________________, 2014
CERRITOS COMMUNITY COLLEGE DISTRICT
By
Vice President, Business Services/
Assistant Superintendent
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EXHIBIT A
NOTICE TO REPOSITORIES OF FAILURE TO FILE ANNUAL REPORT
Name of District: CERRITOS COMMUNITY COLLEGE DISTRICT
Name of Bond Issue: Election of 2012 General Obligation Bonds, Series 2014A
Date of Issuance: _________________, 2014
NOTICE IS HEREBY GIVEN that the District has not provided an Annual Report with respect to the
above-named Bonds as required by the Continuing Disclosure Certificate relating to the Bonds. The
District anticipates that the Annual Report will be filed by _____________.
Dated:_______________________
CERRITOS COMMUNITY COLLEGE DISTRICT
By [form only; no signature required]
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APPENDIX D
ECONOMIC AND DEMOGRAPHIC PROFILE OF
THE CITIES OF CERRITOS AND NORWALK AND LOS ANGELES COUNTY
Approximately ___% of the District lies within the Cities of Cerritos (“Cerritos”) and Norwalk
(“Norwalk,” and together with Cerritos, the “Cities”). The following information concerning the Cities
and Los Angeles County (the “County”) is included only for the purpose of supplying general information
regarding the community. The Bonds are not a debt or obligation of either the Cities or the County.
General
Norwalk is located 17 miles (27 km) southeast of downtown City of Los Angeles, and has a total
area of approximately 9 square miles. Four freeways run directly through or immediately past Norwalk
and neighboring Cerritos. The Santa Ana Freeway (I-5) bisects Norwalk. The San Gabriel River
Freeway (I-605) intersects with I-5 in northern Norwalk, and passes through western Cerritos. The
Century Freeway (I-105) begins in Norwalk and runs west towards Los Angeles International Airport,
and the Artesia Freeway (SR 91) runs south of Norwalk and through Cerritos. The Green Line light rail
also starts in Norwalk, and connects Norwalk with the Cities of Los Angeles, South Gate, Lynwood,
Hawthorne, El Segundo and Manhattan Beach. Norwalk also hosts the heavily-used Norwalk/Santa Fe
Springs Metrolink Station.
Cerritos is located in the southeast portion of the County, on the border with Orange County. It
borders the Cities of Norwalk, Santa Fe Springs, Lakewood, Bellflower and Artesia on the County side of
the border, and La Palma and Buena Park on the Orange County side. Cerritos has a total area of
approximately 9 square miles. It is home of the Cerritos Auto Square, the largest and most financially
successfully automobile dealership mall in the world, providing Cerritos with nearly half of its taxable
sales per year.
The County encompasses an area of approximately 4,081 miles in southwestern California (the
“State”). The 88 cities within the County encompass about 35% of the County, while more than 65% of
the County remains unincorporated. The County has the largest population of any county in the nation
with approximately 10 million inhabitants as of 2014. The County is bordered on the east and the south
by Orange and San Bernardino Counties, on the north by Kern County, and on the west by Ventura
County and the Pacific Ocean.
Cities of Cerritos and Norwalk Government and Administration
Cerritos (then known as Dairy Valley) was founded in 1888 and incorporated in 1956, becoming
a charter city in 1958. In 1967, Dairy Valley changed its name to Cerritos. Cerritos is governed by a
five-member council-manager government, each elected at large (i.e. not by district) to four-year
overlapping terms. Each year the five members vote one of themselves to be the Mayor and Mayor Pro
Tem. The City Council appoints the City Manager, the City Attorney and the City Clerk/Treasurer.
Norwalk was founded in 1888 and incorporated in 1897. Norwalk is a full-service charter city
and is governed by nine City Council members who are elected by district, and a Mayor who is elected at
large. The City Attorney, City Auditor, and City Prosecutor are also elected positions.
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Population
The following table shows the population estimates of Cerritos, Norwalk, the County and the
State of California for the past ten years.
POPULATION ESTIMATES
City of Cerritos, City of Norwalk, Los Angeles County and State of California
2005-2014
City of Cerritos
City of Norwalk
Los Angeles County
State of California
Year
(1)
Population
% Change
Population
% Change
Population
% Change
Population
% Change
2005
51,674
--
106,921
--
9,816,153
--
35,869,173
--
2006
51,013
(1.3)%
106,317
(0.6)%
9,798,609
(0.2)%
36,116,202
0.7%
2007
50,393
(1.2)
105,785
(0.5)
9,780,808
(0.2)
36,399,676
0.8
2008
49,930
(0.9)
105,404
(0.4)
9,785,474
0.0
36,704,375
0.8
2009
49,479
(0.9)
105,330
0.1
9,801,096
0.2
36,966,713
0.7
2010
(2)
49,047
(0.9)
105,549
0.2
9,818,605
0.2
37,253,956
0.8
2011
49,135
0.2
105,684
0.1
9,847,712
0.3
37,427,946
0.5
2012
49,255
0.2
105,768
0.1
9,889,467
0.4
37,668,804
0.6
2013
49,506
0.5
106,155
0.4
9,963,811
0.8
37,984,138
0.8
2014
49,741
0.5
106,630
0.4
10,041,797
0.8
38,340,074
0.9
(1)
As of January 1.
(2)
As of April 1.
Source: 2010: U.S. Department of Commerce, Bureau of the Census, for April 1.
2005-09, 2011-14 (2000 and 2010 DRU Benchmark): California Department of Finance for January 1.
Personal Income
The following table shows of per capita personal income for the County, State of California and
the United States from 2003 through 2012.
PER CAPITAL PERSONAL INCOME
(1)
Los Angeles County, State of California, and United States
2003-2012
Year
Los Angeles
County
%.
Change California
%
Change United States
%
Change
2003
$33,101
--
$35,298
--
$32,676
--
2004
34,584
4.5%
37,150
5.2%
34,300
5.0%
2005
36,513
5.6
38,969
4.9
35,888
4.6
2006
39,471
8.1
41,627
6.8
38,127
6.2
2007
41,016
3.9
43,157
3.7
39,804
4.4
2008
42,114
2.7
43,609
1.0
40,873
2.7
2009
40,351
(4.2)
41,569
(4.7)
39,357
(3.7)
2010
41,113
1.9
42,297
1.8
40,163
2.0
2011
42,953
4.5
44,666
5.6
42,298
5.3
2012
44,474
3.5
46,477
4.1
43,735
3.4
(1)
Per capita personal income is the total personal income divided by the total mid-year population estimates of the U.S.
Bureau of the Census. All dollar estimates are in current dollars (not adjusted for inflation).
Source: U.S. Department of Commerce, Bureau of Economic Analysis.
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Employment
The following table summarizes the labor force, employment and unemployment figures for
Cerritos, Norwalk, the County and the State from 2008 through 2013.
CIVILIAN LABOR FORCE, EMPLOYMENT AND UNEMPLOYMENT RATE
City of Cerritos, City of Norwalk, Los Angeles County and State of California
2008-2013
(1)
Year Area Labor Force Employment Unemployment
Unemployment
Rate (%)
2008
City of Cerritos
29,500
28,300
1,200
4.0%
City of Norwalk
49,500
45,500
3,900
7.9
Los Angeles County
4,934,800
4,565,500
369,300
7.5
State of California
18,203,100
16,890,000
1,313,100
7.2
2009
City of Cerritos
28,700
26,900
1,800
6.3%
City of Norwalk
49,300
43,300
6,000
12.2
Los Angeles County
4,907,600
4,339,300
568,300
11.6
State of California
18,220,100
16,155,000
2,065,100
11.3
2010
City of Cerritos
28,600
26,700
2,000
6.9%
City of Norwalk
49,400
42,900
6,600
13.3
Los Angeles County
4,916,300
4,298,500
617,900
12.6
State of California
18,336,300
16,068,400
2,267,900
12.4
2011
City of Cerritos
28,800
26,900
1,900
6.7%
City of Norwalk
49,600
43,200
6,400
12.9
Los Angeles County
4,936,400
4,331,500
604,900
12.3
State of California
18,417,900
16,249,600
2,168,300
11.8
2012
City of Cerritos
28,800
27,100
1,700
6.0%
City of Norwalk
49,200
43,500
5,700
11.5
Los Angeles County
4,901,300
4,365,800
535,500
10.9
State of California
18,519,000
16,589,700
1,929,300
10.4
2013
City of Cerritos
29,300
27,700
1,600
5.0%
City of Norwalk
49,800
44,600
5,200
10.4
Los Angeles County
4,960,300
4,470,700
489,600
9.9
State of California
18,596,800
16,933,300
1,663,500
8.9
(1)
Data is based on annual averages, unless otherwise specified, and is not seasonally adjusted.
Source: U.S. Department of Labor Bureau of Labor Statistics, California Employment Development Department. March 2014
Benchmark.
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Industry
Cerritos and Norwalk are included in the Los Angeles-Long Beach-Glendale Metropolitan
Statistical Area (the “MSA”). The distribution of employment in the MSA is presented in the following
table for the calendar years 2009 through 2013. These figures are countywide statistics and may not
necessarily accurately reflect employment trends in Cerritos and Norwalk.
INDUSTRY EMPLOYMENT & LABOR FORCE ANNUAL AVERAGES
Los Angeles-Long Beach-Glendale Metropolitan Division
2009-2013
2009
2010
2011
2012
2013
Farm
6,200
6,200
5,600
5,400
5,500
Mining and Logging
4,100
4,100
4,000
4,300
4,600
Construction
117,300
104,500
105,000
109,100
116,500
Manufacturing
389,200
373,200
366,800
367,200
366,500
Wholesale Trade
204,500
203,000
205,200
211,300
217,800
Retail Trade
387,000
386,400
392,900
400,900
405,900
Transportation, Warehousing and Utilities
151,200
150,500
151,800
154,400
156,900
Information
191,200
191,500
191,900
191,400
197,300
Financial Activities
216,000
209,500
208,400
210,700
211,800
Professional and Business Services
529,800
527,500
542,900
570,000
590,300
Education and Health Services
639,900
637,200
643,100
674,100
713,400
Leisure and Hospitality
385,500
384,800
394,600
415,300
436,700
Other Services
137,900
136,700
136,900
141,600
145,500
Government
595,900
579,600
565,500
556,800
549,200
Total All Industries
3,955,600
3,894,600
3,914,600
4,012,300
4,118,000
Source: California Employment Development Department, Labor Market Information Division. March 2013 Benchmark.
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Largest Employers
The following tables show the largest employers located in the County for calendar year 2013.
LARGEST PRIVATE-SECTOR EMPLOYERS
Los Angeles County
2013
Rank
Company
Employees
Description
1.
Kaiser Permanente
36,495
Non-profit health plan
2.
Northrop Grumman Corp.
16,100
Defense contractor
3.
Target Corp.
15,000
Retail
4.
University of Southern California
14,525
Private university
5.
Bank of America Corp.
13,746
Banking and financial services
6.
Ralphs/Food 4 Less (Kroger Co. division)
13,500
(1)
Retail grocer
7..
Providence Health & Services So. Calif.
10,983
Health care
8.
Cedars-Sinai Medical Center
10,663
Medical center
9.
Home Depot
10,630
Home improvement specialty retailer
10.
Walt Disney Co.
10,500
(1)
Entertainment
11.
Boeing Co.
10,463
Aerospace and defense
12.
Wells Fargo
10,100
Diversified financial services
13.
AT&T Inc.
8,900
Telecommunications
14.
UPS
8,845
Transportation and freight
15.
California Institute of Technology
8,649
Private university, operator of Jet Propulsion Laboratory
(1)
Estimate.
Source: Los Angeles Business Journal, The Lists 2014.
LARGEST PUBLIC-SECTOR EMPLOYERS
Los Angeles County
2013
Rank
Company
Employees
People Served
1.
Los Angeles County
101,610
10 million residents
2.
Los Angeles United School District
59,811
911,413 students
3.
U.S. Government Federal Reserve Board
48,000
United States residents
4.
City of Los Angeles
31,817
3.86 million residents
5.
University of California, Los Angeles
31,457
40,675 students
6.
State of California
30,700
State of California
7.
Los Angeles County MTA
9,011
10 million residents
8.
Los Angeles Department of Water & Power
8,600
Los Angeles residents
9.
Long Beach Unified School District
6,511
82,553 students
10.
Los Angeles Community Collect District
6,336
Nine community colleges; 151,473 students
11.
City of Long Beach
5,155
468,000 residents
12.
California State University, Long Beach
4,597
36,279 students
13.
Los Angeles World Airports
3,552
Los Angeles International, Van Nuys, Ontario airports
14.
California State University, Northridge
3,429
36,164 students
15.
City of Santa Monica
2,169
89,736 residents
Source: Los Angeles Business Journal, The Lists 2014.
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The following tables rank the largest employers in Cerritos as of June 30, 2013.
LARGEST EMPLOYERS
City of Cerritos
As of June 30, 2013
Rank
Company
Employees
% of
Employment
Description
1.
United Parcel Service
6,000
20.48%
Transportation and freight
2.
ABC Unified School District
3,500
11.95
K-12 public education
3.
Cingular Wireless
1,200
4.10
Telecommunications
4.
Southern Wine & Spirits of So.
California
1,100
3.75
Beverages
5.
City of Cerritos
650
2.22
Municipal government
6.
Crown Bolt, Inc.
400
1.37
Hardware tool manufacturer
7.
Isuzu of Cerritos
400
1.37
Automobile retailer
9.
College Hospital, Inc.
400
1.37
Psychiatric hospital
10.
PMI
350
1.19
Pet food manufacturer
11.
Norm Reeves Honda of Cerritos
350
1.19
Automobile retailer
Source: City of Cerritos ‘Comprehensive Annual Financial Report’ for Fiscal Year Ended June 30, 2013.
The table below lists the largest employers in Norwalk as of June 30, 2013.
LARGEST EMPLOYERS
City of Norwalk
As of June 30, 2013
Rank
Company
Employees
% of
Employment
Description
1.
Norwalk-La Mirada Unified School
2,057
8.16%
K-12 public education
2.
Cerritos College
(1)
1,570
6.22
Community college
3.
Los Angeles County
1,564
6.20
County government
4.
Metropolitan State Hospital
1,466
5.81
Hospital and healthcare
5.
Target
442
1.75
Retail
6.
City of Norwalk
409
1.62
Local government
7.
Costco Wholesale
317
1.26
Wholesale retail
8.
Doty Brother’s Construction
300
1.19
Industrial Construction
9.
Coast Plaza Doctors Hospital
295
1.17
Hospital and healthcare
10.
Norwalk Community Hospital
250
0.99
Hospital and healthcare
(1)
For updated, District-wide employee counts, see “CERRITOS COMMUNITY COLLEGE DISTRICT Labor Relations” in
the front part of this Official Statement.
Source: City of Norwalk ‘Comprehensive Annual Financial Report’ for Fiscal Year Ended June 30, 2013.
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Commercial Activity
Summaries of annual taxable sale date for Cerritos, Norwalk and the County for years 2004
through 2012 are shown in the following tables.
TAXABLE SALES
City of Cerritos
2004-2012
(Dollars in Thousands)
Year
Retail
Permits
Retail Stores
Taxable
Transactions
Total
Permits
Total Outlets
Taxable
Transactions
2004
783
$2,064,868
1,794
$2,418,278
2005
797
2,124,961
1,747
2,461,071
2006
799
2,057,118
1,388
2,395,383
2007
776
1,962,539
1,723
2,307,146
2008
775
1,667,821
1,701
2,046,160
2009
928
1,380,546
1,605
1,679,146
2010
917
1,482,807
1,538
1,785,751
2011
916
1,671,342
1,515
2,010,811
2012
904
1,875,232
1,523
2,260,601
Note: In 2009, retail permits expanded to include permits for food services.
Source: “Taxable Sales in California (Sales & Use Tax),” California Board of Equalization.
TAXABLE SALES
City of Norwalk
2004-2012
(Dollars in Thousands)
Year
Retail
Permits
Retail Stores
Taxable
Transactions
Total
Permits
Total Outlets
Taxable
Transactions
2004
808
$732,259
1,557
$828,693
2005
832
764,281
1,635
868,104
2006
870
769,828
1,691
878,679
2007
804
767,426
1,648
885,054
2008
820
710,895
1,618
819,087
2009
1,057
616,240
1,509
712,778
2010
1,060
644,923
1,501
733,920
2011
719
657,794
1,113
796,054
2012
1,014
738,367
1,460
827,283
Note: In 2009, retail permits expanded to include permits for food services.
Source: “Taxable Sales in California (Sales & Use Tax),” California Board of Equalization.
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TAXABLE SALES
Los Angeles County
2004-2012
(Dollars in Thousands)
Year
Retail
Permits
Retail Stores
Taxable
Transactions
Total
Permits
Total Outlets
Taxable
Transactions
2004
134,717
$86,496,685
295,398
$122,533,104
2005
139,641
92,271,155
298,083
130,722,373
2006
142,512
95,554,193
295,701
136,162,552
2007
142,380
96,095,711
290,344
137,820,418
2008
146,999
89,810,309
289,802
131,881,744
2009
175,461
78,444,115
264,928
112,744,727
2010
182,491
82,175,416
271,293
116,942,334
2011
179,872
89,251,447
266,868
126,440,737
2012
180,359
95,318,603
266,414
135,295,582
Note: In 2009, retail permits expanded to include permits for food services.
Source: “Taxable Sales in California (Sales & Use Tax),” California Board of Equalization.
Building Activity
In addition to annual building permit valuations, the numbers of permits for new dwelling units
issued each year from 2009 through 2013 in the County, Cerritos and Norwalk are shown in the following
tables.
BUILDING PERMITS AND VALUATIONS
Los Angeles County
(Dollars in Thousands)
2009-2013
2009
2010
2011
2012
2013
Valuation ($000’s)
Residential
$2,393,257
$2,824,463
$3,415,434
$3,089,228
$4,743,955
Non-Residential
2,673,544
2,699,913
3,126,956
1,836,109
4,326,366
Total
$5,066,801
$5,494,375
$6,542,390
$4,925,337
$9,070,321
Units
Single Family
2,131
2,417
2,370
2,508
3,607
Multiple Family
3,522
5,056
8,098
7,244
13,243
Total
5,653
7,473
10,468
9,752
16,850
Note: Totals may not add to sum because of rounding.
Source: Construction Industry Research Board.
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BUILDING PERMITS AND VALUATIONS
City of Cerritos
(Dollars in Thousands)
2009-2013
2009
2010
2011
2012
2013
Valuation ($000’s)
Residential
$15,396
$18,327
$11,128
$14,004
$38,575
Non-Residential
61,536
35,396
22,641
6,929
82,703
Total
$72,723
$53,723
$33,770
$20,933
$121,278
Units
Single Family
2
2
0
6
6
Multiple Family
0
0
0
0
198
Total
2
2
0
0
204
Note: Totals may not add to sum because of rounding.
Source: Construction Industry Research Board.
BUILDING PERMITS AND VALUATIONS
City of Norwalk
(Dollars in Thousands)
2009-2013
2009
2010
2011
2012
2013
Valuation ($000’s)
Residential
$11,802
$11,291
$10,497
$13,458
$13,322
Non-Residential
13,240
9,124
6,700
6,929
14,377
Total
$25,042
20,415
17,197
$20,387
$27,699
Units
Single Family
3
--
3
2
9
Multiple Family
4
--
--
0
0
Total
7
--
3
2
9
Note: Totals may not add to sum because of rounding.
Source: Construction Industry Research Board.
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APPENDIX E
BOOK-ENTRY ONLY SYSTEM
The information in this section concerning DTC and DTC’s book-entry system has been obtained
from sources that the District believes to be reliable, but the District takes no responsibility for the
accuracy or completeness thereof. The District cannot and does not give any assurances that DTC, DTC
Participants or Indirect Participants will distribute to the Beneficial Owners (a) payments of interest,
principal or premium, if any, with respect to the Bonds, (b) certificates representing ownership interest in
or other confirmation or ownership interest in the Bonds, or (c) redemption or other notices sent to DTC
or Cede & Co., its nominee, as the registered owner of the Bonds, or that they will so do on a timely basis
or that DTC, DTC Participants or DTC Indirect Participants will act in the manner described in this
Official Statement. The current “Rules” applicable to DTC are on file with the Securities and Exchange
Commission and the current “Procedures” of DTC to be followed in dealing with DTC Participants are
on file with DTC.
General
The Depository Trust Company (“DTC”), New York, NY, will act as securities depository for the
Bonds. The Bonds will be issued as fully-registered securities registered in the name of Cede & Co.
(DTC’s partnership nominee) or such other name as may be requested by an authorized representative of
DTC. One fully-registered Bond certificate will be issued for each maturity of the Bonds, in the aggregate
principal amount of such maturity, and will be deposited with DTC.
DTC, the world’s largest securities depository, is a limited-purpose trust company organized
under the New York Banking Law, a “banking organization” within the meaning of the New York
Banking Law, a member of the Federal Reserve System, a “clearing corporation” within the meaning of
the New York Uniform Commercial Code, and a “clearing agency” registered pursuant to the provisions
of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over
3.5 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money
market instruments (from over 100 countries) that DTC’s participants (“Direct Participants”) deposit with
DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other
securities transactions in deposited securities, through electronic computerized book-entry transfers and
pledges between Direct Participants’ accounts. This eliminates the need for physical movement of
securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers,
banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned
subsidiary of The Depository Trust & Clearing Corporation (“DTCC”). DTCC is the holding company
for DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which
are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the
DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers,
banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship
with a Direct Participant, either directly or indirectly (“Indirect Participants”). DTC is rated “AA+” by
Standard & Poor’s. The DTC Rules applicable to its Participants are on file with the Securities and
Exchange Commission. More information about DTC can be found at www.dtcc.com.
Purchases of Bonds under the DTC system must be made by or through Direct Participants,
which will receive a credit for the Bonds on DTC’s records. The ownership interest of each actual
purchaser of each Bond (“Beneficial Owner”) is in turn to be recorded on the Direct and Indirect
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Participants’ records. Beneficial Owners will not receive written confirmation from DTC of their
purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of
the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant
through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the
Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on
behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership
interests in Bonds, except in the event that use of the book-entry system for the Bonds is discontinued.
To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC are
registered in the name of DTC’s partnership nominee, Cede & Co., or such other name as may be
requested by an authorized representative of DTC. The deposit of Bonds with DTC and their registration
in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership.
DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC’s records reflect only the
identity of the Direct Participants to whose accounts such Bonds are credited, which may or may not be
the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account
of their holdings on behalf of their customers.
Conveyance of notices and other communications by DTC to Direct Participants, by Direct
Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial
Owners will be governed by arrangements among them, subject to any statutory or regulatory
requirements as may be in effect from time to time.
Redemption notices shall be sent to DTC. If less than all of the Bonds within an issue are being
redeemed, DTC’s practice is to determine by lot the amount of the interest of each Direct Participant in
such issue to be redeemed.
Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to
Bonds unless authorized by a Direct Participant in accordance with DTC’s Procedures. Under its usual
procedures, DTC mails an Omnibus Proxy to the District as soon as possible after the record date. The
Omnibus Proxy assigns Cede & Co.’s consenting or voting rights to those Direct Participants to whose
accounts Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy).
Redemption proceeds, distributions, and dividend payments on the Bonds will be made to Cede &
Co., or such other nominee as may be requested by an authorized representative of DTC. DTC’s practice
is to credit Direct Participants’ accounts upon DTC’s receipt of funds and corresponding detail
information from the District or Paying Agent, on payable date in accordance with their respective
holdings shown on DTC’s records. Payments by Participants to Beneficial Owners will be governed by
standing instructions and customary practices, as is the case with securities held for the accounts of
customers in bearer form or registered in “street name,” and will be the responsibility of such Participant
and not of DTC nor its nominee, Paying Agent, or the District, subject to any statutory or regulatory
requirements as may be in effect from time to time. Payment of redemption proceeds, distributions, and
dividend payments to Cede & Co. (or such other nominee as may be requested by an authorized
representative of DTC) is the responsibility of the District or Paying Agent, disbursement of such
payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to
the Beneficial Owners will be the responsibility of Direct and Indirect Participants.
A Beneficial Owner shall give notice to elect to have its Bonds purchased or tendered, through its
Participant, to the Paying Agent, and shall effect delivery of such Bonds by causing the Direct Participant
to transfer the Participant’s interest in the Bonds, on DTC’s records, to the Paying Agent. The
requirement for physical delivery of Bonds in connection with an optional tender or a mandatory purchase
will be deemed satisfied when the ownership rights in the Bonds are transferred by Direct Participants on
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DTC’s records and followed by a book-entry credit of tendered Bonds to the Paying Agent’s DTC
account.
DTC may discontinue providing its services as depository with respect to the Bonds at any time
by giving reasonable notice to the District or Paying Agent. Under such circumstances, in the event that a
successor depository is not obtained, Bond certificates are required to be printed and delivered.
The District may decide to discontinue use of the system of book-entry transfers through DTC (or
a successor securities depository). In that event, Bond certificates will be printed and delivered.
The information in this section concerning DTC and DTC’s book-entry system has been obtained
from sources that the District believes to be reliable, but the District takes no responsibility for the
accuracy thereof.
Discontinuation of Book-Entry Only System; Payment to Beneficial Owners
In the event that the book-entry system described above is no longer used with respect to the
Bonds, the following provisions will govern the payment, transfer and exchange of the Bonds.
The principal of the Bonds and any premium and interest upon the redemption thereof prior to the
maturity will be payable in lawful money of the United States of America upon presentation and
surrender of the Bonds at the office of the Paying Agent. Interest on the Bonds will be paid by the Paying
Agent by check or draft mailed to the person whose name appears on the registration books of the Paying
Agent as the registered owner, and to that person’s address appearing on the registration books as of the
close of business on the Record Date. At the written request of any registered owner of at least
$1,000,000 in aggregate principal amount, payments shall be wired to a bank and account number on file
with the Paying Agent as of the Record Date.
Any Bond may be exchanged for Bonds of any authorized denomination upon presentation and
surrender at the office of the Paying Agent together with a request for exchange signed by the registered
owner or by a person legally empowered to do so in a form satisfactory to the Paying Agent. A Bond
may be transferred only on the Bond registration books upon presentation and surrender of the Bond at
such office of the Paying Agent together with an assignment executed by the registered owner or by a
person legally empowered to do so in a form satisfactory to the Paying Agent. Upon exchange or
transfer, the Paying Agent shall complete, authenticate and deliver a new Bond or Bonds of any
authorized denomination or denominations requested by the owner equal in the aggregate to the
unmatured principal amount of the Bond surrendered and bearing interest at the same rate and maturing
on the same date.
Neither the District, the County nor the Paying Agent will be required (a) to issue or transfer any
Bonds during a period beginning with the opening of business on the 15th business day next preceding
any Bond Payment Date, the stated maturity of any of the Bonds or any date of selection of Bonds to be
redeemed and ending with the close of business on the applicable Bond Payment Date, the close of
business on the applicable stated maturity date or any day on which the applicable notice of redemption is
given or (b) to transfer any Bonds which have been selected or called for redemption in whole or in part.
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APPENDIX F
LOS ANGELES COUNTY INVESTMENT POOL
The following information concerning the Los Angeles County Treasury Pool (the “Treasury
Pool”) has been provided by the Treasurer, and has not been confirmed or verified by the District or the
Underwriter. The District and the Underwriters have not made an independent investigation of the
investments in the Treasury Pool and have made no assessment of the current County investment policy.
The value of the various investments in the Treasury Pool will fluctuate on a daily basis as a result of a
multitude of factors, including generally prevailing interest rates and other economic conditions.
Additionally, the Treasurer, with the consent of the County Board of Supervisors may change the County
investment policy at any time. Therefore, there can be no assurance that the values of the various
investments in the Treasury Pool will not vary significantly from the values described herein. Finally,
neither the District nor the Underwriters make any representation as to the accuracy or adequacy of such
information or as to the absence of material adverse changes in such information subsequent to the date
hereof, or that the information contained or incorporated hereby by reference is correct as of any time
subsequent to its date. Additional information regarding the Treasury Pool may be obtained from the
Treasurer at www.ttc.lacounty.gov
; however, the information presented on such website is not
incorporated herein by any reference.
[REMAINDER OF PAGE LEFT BLANK]
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$_____________
CERRITOS COMMUNITY COLLEGE DISTRICT
(Los Angeles County, California)
Election of 2012 General Obligation Bonds, Series 2014A
PURCHASE CONTRACT
____________, 2014
Board of Trustees
Cerritos Community College District
1110 Alondra Boulevard
Norwalk, California 90650
Ladies and Gentlemen:
Wells Fargo Bank, N.A. (the “Representative”), on behalf of itself, J.P. Morgan Securities,
Inc. and RBC Capital Markets LLC (collectively, the “Underwriters”) offers to enter into this
Purchase Contract (the “Purchase Contract”) with the Cerritos Community College District (the
“District”), which, upon the acceptance hereof thereby, will be binding upon the District and the
Underwriters. This offer is made subject to the written acceptance of this Purchase Contract by the
District and delivery of such acceptance to us at or prior to 11:59 P.M., California Time, on the date
hereof. Capitalized terms used and not otherwise defined herein shall have the meanings given to
such terms in the Resolution (defined below).
The District acknowledges and agrees that (i) the purchase and sale of the Bonds (as defined
herein) pursuant to this Purchase Contract is an arm’s-length commercial transaction between the
District and the Underwriters, (ii) in connection with such transaction, the Underwriters are acting
solely as principals and not as an agents or fiduciaries of the District, (iii) the Underwriters have not
assumed (individually or collectively) a fiduciary responsibility in favor of the District with respect
to (x) the offering of the Bonds or the process leading thereto (whether or not the Underwriters have
advised or are currently advising the District on other matters) or (y) any other obligation to the
District except the obligations expressly set forth in this Purchase Contract (iv) and the District has
consulted with its own legal and other professional advisors to the extent they deemed appropriate in
connection with the offering of the Bonds. The District acknowledges that it has previously provided
the Underwriters with an acknowledgement of receipt of the required disclosure under Rule G-17 of
the Municipal Securities Rulemaking Board (the “MSRB”).
1. Purchase and Sale of the Bonds. Upon the terms and conditions and in reliance
upon the representations, warranties and agreements herein set forth, the Underwriters hereby agree
to purchase from the District for reoffering to the public, and the District hereby agrees to sell to the
Underwriters for such purpose, all (but not less than all) of $_____________ aggregate initial
principal amount of the District’s Election of 2012 General Obligation Bonds, Series 2014A (the
“Bonds”). The Bonds shall be dated the date of delivery thereof and shall be payable as to interest on
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each February 1 and August 1, commencing February 1, 2015, and shall be paid at maturity as shown
in Exhibit A hereto. The final maturity dates, interest rates, yields (or yields to redemption, as
applicable) and redemption provisions of the Bonds are shown in Exhibit A hereto, which exhibit is
incorporated by reference herein.
The Underwriters shall purchase the Bonds at a price of $_____________ (which is equal to
the principal amount of the Bonds of $_____________, plus net original issue premium of
$_____________, and less an underwriting discount of $_____________.
2. The Bonds. The Bonds shall otherwise be as described in the Official Statement
(defined herein), and shall be issued and secured pursuant to the provisions of the Resolution of the
District adopted on October 1, 2014 (the “Resolution”), this Purchase Contract and Section 53506 et
seq. of the California Government Code (the “Act”). Capitalized terms used and not otherwise
defined herein shall have the meanings ascribed to such terms in the Official Statement (defined
below) or, if not defined in the Official Statement, in the Resolution.
The Bonds shall be executed and delivered under and in accordance with the provisions of
this Purchase Contract and the Resolution. The Bonds shall bear CUSIP numbers, and shall be in
fully registered book-entry form, registered in the name of Cede & Co., as nominee of The
Depository Trust Company, New York, New York; the Bonds shall initially be in authorized
denominations of Five Thousand Dollars ($5,000) Principal Amount, or any integral multiple thereof.
3. Use of Documents. The District hereby authorizes the Underwriters to use, in
connection with the offer and sale of the Bonds, the Continuing Disclosure Certificate (as defined
herein), this Purchase Contract, the Official Statement, the Resolution and all information contained
herein and therein and all of the documents, certificates or statements furnished by the District to the
Underwriters in connection with the transactions contemplated by this Purchase Contract.
4. Public Offering of the Bonds. The Underwriters agree to make a bona fide public
offering of all the Bonds at the initial public offering prices or yields to be set forth on the inside
cover page of the Official Statement. Subsequent to such initial public offering, the Underwriters
reserve the right to change such initial public offering prices or yields as it deems necessary in
connection with the marketing of the Bonds.
5. Review of Official Statement. The Underwriters hereby represent that they have
received and reviewed the Preliminary Official Statement with respect to the Bonds, dated
___________, 2014 (thePreliminary Official Statement”), which has been duly authorized and
prepared by the District for use by the Underwriters in connection with the sale of the Bonds. The
District represents that it deems the Preliminary Official Statement to be final, except for either
revision or addition of the offering price(s), interest rate(s), yield(s), selling compensation, aggregate
principal amount, principal amount per maturity, delivery date, rating(s) and other terms of the Bonds
which depend upon the foregoing as provided in and pursuant to Rule l5c2-12 adopted by the
Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may
be amended from time to time (the “Rule”).
The Underwriters agree that prior to the time the final Official Statement (as defined herein)
relating to the Bonds is available, the Underwriters will send to any potential purchaser of the Bonds,
upon the request of such potential purchaser, a copy of the most recent Preliminary Official
Statement. Such Preliminary Official Statement shall be sent by first class mail or electronic
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distribution (or other equally prompt means) not later than the first business day following the date
upon which each such request is received.
The Underwriters agree to file the Official Statement with the MSRB through its Electronic
Municipal Market Access system within one business day after receipt thereof from the District, but
in no event later than the Closing (as defined below).
6. Closing. At 9:00 A.M., California Time, on ________, 2014 or at such other time or
on such other date as shall have been mutually agreed upon by the District and the Underwriters (the
“Closing”), the District will deliver to the Underwriters, through the facilities of The Depository
Trust Company (“DTC”) in New York, New York, or at such other place as we may mutually agree
upon, the Bonds in fully registered book-entry form, duly executed and registered in the name of
Cede & Co., as nominee of DTC, and at the offices of Stradling Yocca Carlson & Rauth, a
Professional Corporation (“Bond Counsel”), in San Francisco, California, the other documents
hereinafter mentioned; and the Underwriters will accept such delivery and pay the purchase price set
forth in Section 1 hereof in immediately available funds by wire transfer to the account or accounts
designated by the District.
7. Representations, Warranties and Agreements of the District. The District hereby
represents, warrants and agrees with the Underwriters that:
(a) Due Organization
. The District is a community college district duly
organized and validly existing under the laws of the State of California, with the power to
issue the Bonds pursuant to the Act.
(b) Due Authorization. (i) At or prior to the Closing, the District will have taken
all action required to be taken by it to authorize the issuance and delivery of the Bonds;
(ii) the District has full legal right, power and authority to enter into this Purchase Contract,
and the Continuing Disclosure Certificate , to adopt the Resolution, to perform its obligations
under each such document or instrument, and to carry out and effectuate the transactions
contemplated by this Purchase Contract and the Resolution; (iii) the execution and delivery
or adoption of, and the performance by the District of the obligations contained in the Bonds,
the Resolution, the Continuing Disclosure Certificate and this Purchase Contract have been
duly authorized and such authorization shall be in full force and effect at the time of the
Closing; (iv) this Purchase Contract constitutes a valid and legally binding obligation of the
District; and (v) the District has duly authorized the consummation by it of all transactions
contemplated by this Purchase Contract.
(c) Consents. No consent, approval, authorization, order, filing, registration,
qualification, election or referendum, of or by any court or governmental agency or public
body whatsoever is required in connection with the issuance, delivery or sale of the Bonds or
the consummation of the other transactions effected or contemplated herein or hereby,
excepting herefrom such actions as may be necessary to qualify the Bonds for offer and sale
under the Blue Sky or other securities laws and regulations of such states and jurisdictions of
the United States as the Underwriters may reasonably request, or which have not been taken
or obtained,
provided, however, that the District shall not be required to subject itself to
service of process in any jurisdiction in which it is not so subject as of the date hereof.
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(d) Internal Revenue Code. The District has complied with the requirements of
the Internal Revenue Code of 1986, as amended, with respect to the Bonds.
(e) No Conflicts. To the best knowledge of the District, the issuance of the
Bonds, and the execution, delivery and performance of this Purchase Contract, the Resolution
and the Bonds, and the compliance with the provisions hereof do not conflict with or
constitute on the part of the District a violation of or default under, the Constitution of the
State of California or any existing law, charter, ordinance, regulation, decree, order or
resolution and do not conflict with or result in a violation or breach of, or constitute a default
under, any agreement, indenture, mortgage, lease or other instrument to which the District is
a party or by which it is bound or to which it is subject.
(f) Litigation. As of the time of acceptance hereof, no action, suit, proceeding,
hearing or investigation is pending or, to the best knowledge of the District, threatened
against the District: (i) in any way affecting the existence of the District or in any way
challenging the respective powers of the several offices or of the titles of the officials of the
District to such offices; or (ii) seeking to restrain or enjoin the sale, issuance or delivery of
any of the Bonds, the application of the proceeds of the sale of the Bonds, or the collection or
levy of ad valorem taxes contemplated by the Resolution available to pay the principal of and
interest on the Bonds, or in any way contesting or affecting the validity or enforceability of
the Bonds, this Purchase Contract, the Continuing Disclosure Certificate or the Resolution or
contesting the powers of the District or its authority with respect to the Bonds, the
Resolution, the Continuing Disclosure Certificate, or this Purchase Contract; or (iii) in which
a final adverse decision could (a) materially adversely affect the operations or financial
condition of the District or the consummation of the transactions contemplated by this
Purchase Contract or the Resolution, (b) declare this Purchase Contract to be invalid or
unenforceable in whole or in material part, or (c) adversely affect the exclusion of the interest
paid on the Bonds from gross income for federal income tax purposes and the exemption of
such interest from California personal income taxation.
(g) No Other Debt. Between the date hereof and the Closing, without the prior
written consent of the Underwriters, the District will not have issued, and no other person
will have issued in the name and on behalf of the District, any bonds, notes or other
obligations for borrowed money except for such borrowings as may be described in or
contemplated by the Official Statement or otherwise consented to in writing by the
Underwriters.
(h) Certificates. Any certificates signed by any officer of the District and
delivered to the Underwriters shall be deemed a representation and warranty by the District to
the Underwriters, but not by the person signing the same, as to the statements made therein.
(i) Continuing Disclosure. In accordance with the requirements of the Rule and
pursuant to the Resolution, at or prior to the Closing, the District shall have duly authorized,
executed and delivered a Continuing Disclosure Certificate (the “Continuing Disclosure
Certificate”) on behalf of each obligated person for which financial and/or operating data is
presented in the Official Statement. The Continuing Disclosure Certificate shall be
substantially in the form attached to the Official Statement in Appendix C. Except as
disclosed in the Official Statement, the District has not, within the past five years, fail to
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comply in a material respect with any of its previous undertakings pursuant to the Rule to
provide annual reports or notice of material events.
(j) Official Statement Accurate and Complete
. The Preliminary Official
Statement, at the date thereof, did not contain any untrue statement of a material fact or omit
to state any material fact required to be stated therein or necessary to make the statements
therein, in the light of the circumstances under which they were made, not misleading. At the
date hereof and on the Closing Date, the Final Official Statement did not and will not contain
any untrue statement of a material fact or omit to state any material fact required to be stated
therein necessary to make the statements therein, in the light of the circumstances under
which they were made, not misleading. The District makes no representation or warranty as
to the information contained in or omitted from the Preliminary Official Statement or the
Final Official Statement in reliance upon and in conformity with information furnished in
writing to the District by or on behalf of the Underwriters through a representative of the
Underwriters specifically for inclusion therein.
(k) Levy of Tax. The District hereby agrees to take any and all actions as may be
required by the County of Los Angeles (the “County”) or otherwise necessary in order to
arrange for the levy and collection of taxes, payment of the Bonds, and the deposit and
investment of Bond proceeds. In particular, the District hereby agrees to provide to the
County Auditor and the County Treasurer and Tax Collector a copy of the District
Resolution, a copy of Appendix A hereto, and the full debt service schedule for the Bonds, in
accordance with Education Code Section 15140(c) and policies and procedures of the
County.
(l) No Material Adverse Change. The financial statements of, and other
financial information regarding the District, in the Official Statement fairly present the
financial position and results of the District as of the dates and for the periods therein set
forth. Prior to the Closing, there will be no adverse change of a material nature in such
financial position, results of operations or condition, financial or otherwise, of the District.
8. Representations and Agreements of the Underwriters. The Underwriters
represents to and agrees with the District that, as of the date hereof and as of the date of the Closing:
(a) The Representative is duly authorized to execute this Purchase Contract and
the Underwriters are duly authorized to take any action under the Purchase Contract required
to be taken by them.
(b) The Underwriters are in compliance with MSRB Rule G-37 with respect to
the District, and are not prohibited thereby from acting as underwriter with respect to
securities of the District.
(c) The Underwriters have, and have had, no financial advisory relationship, as
that term is defined in California Government Code section 53590(c) or MSRB Rule G-23,
with the District with respect to the Bonds, and no investment firm controlling, controlled by
or under common control with the Underwriters has or has had any such financial advisory
relationship.
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9. Covenants of the District. The District covenants and agrees with the Underwriters
that:
(a) Securities Laws
. The District will furnish such information, execute such
instruments, and take such other action in cooperation with the Underwriters if and as the
Underwriters may reasonably request in order to qualify the Bonds for offer and sale under
the Blue Sky or other securities laws and regulations or such states and jurisdictions,
provided, however, that the District shall not be required to consent to service of process in
any jurisdiction in which they are not so subject as of the date hereof;
(b) Application of Proceeds. The District will apply the proceeds from the sale
of the Bonds for the purposes specified in the Resolution;
(c) Official Statement. The District hereby agrees to deliver or cause to be
delivered to the Underwriters, not later than the seventh (7th) business day following the date
this Purchase Contract is signed, copies of a final Official Statement substantially in the form
of the Preliminary Official Statement, with only such changes therein as shall have been
accepted by the Underwriters and the District (such Official Statement with such changes, if
any, and including the cover page and all appendices, exhibits, maps, reports and statements
included therein or attached thereto being herein called the “Official Statement”) in such
quantities as may be requested by the Underwriters not later than five (5) business days
following the date this Purchase Contract is signed, in order to permit the Underwriters to
comply with paragraph (b)(4) of the Rule and with the rules of the MSRB. The District
hereby authorizes the Underwriters to use and distribute the Official Statement in connection
with the offering and sale of the Bonds;
(d) Subsequent Events. The District hereby agrees to notify the Underwriters of
any event or occurrence that may affect the accuracy or completeness of any information set
forth in the Official Statement relating to the District, respectively, until the date which is
ninety (90) days following the Closing;
(e) References. References herein to the Preliminary Official Statement and the
final Official Statement include the cover page and all appendices, exhibits, maps, reports
and statements included therein or attached thereto; and
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(f) Amendments to Official Statement. During the period ending on the 25th day
after the End of the Underwriting Period (or such other period as may be agreed to by the
District and the Underwriters), the District (i) shall not supplement or amend the Official
Statement or cause the Official Statement to be supplemented or amended without the prior
written consent of the Underwriters and (ii) shall notify the Underwriters promptly if any
event shall occur, or information comes to the attention of the District, that is reasonably
likely to cause the Official Statement (whether or not previously supplemented or amended)
to contain any untrue statement of a material fact or to omit to state a material fact required to
be stated therein or necessary to make the statements therein, in the light of the circumstances
under which they were made, not misleading. If, in the opinion of the Underwriters, such
event requires the preparation and distribution of a supplement or amendment to the Official
Statement, the District shall prepare and furnish to the Underwriters, at the District’s expense,
such number of copies of the supplement or amendment to the Official Statement, in form
and substance mutually agreed upon by the District and the Underwriters, as the Underwriters
may reasonably request. If such notification shall be given subsequent to the Closing, the
District also shall furnish, or cause to be furnished, at its own expense, such additional legal
opinions, certificates, instruments and other documents as the Underwriters may reasonably
deem necessary to evidence the truth and accuracy of any such supplement or amendment to
the Official Statement.
(1) For purposes of this Purchase Contract, the “End of the Underwriting
Period” is used as defined in Rule 15c2-12 and shall occur on the later of (A) the date
of Closing or (B) when the Underwriters no longer retain an unsold balance of the
Bonds; unless otherwise advised in writing by the Underwriters on or prior to the
Closing Date, or otherwise agreed to by the District and the Underwriters, the District
may assume that the End of the Underwriting Period is the Closing Date.
10. Conditions to Closing. The Underwriters have entered into this Purchase Contract
in reliance upon the representations and warranties of the District contained herein and the
performance by the District of its obligations hereunder, both as of the date hereof and as of the date
of Closing. The Underwritersobligations under this Purchase Contract are, and shall be subject at
the option of the Underwriters, to the following further conditions at the Closing:
(a) Representations True
. The representations and warranties of the District
contained herein shall be true, complete and correct in all material respects at the date hereof
and at and as of the Closing, as if made at and as of the Closing, and the statements made in
all certificates and other documents delivered to the Underwriters at the Closing pursuant
hereto shall be true, complete and correct in all material respects on the date of the Closing;
and the District shall be in compliance with each of the agreements made by it in this
Purchase Contract;
(b) Obligations Performed. At the time of the Closing, (i) the Official Statement,
this Purchase Contract, the Continuing Disclosure Certificate, and the Resolution shall be in
full force and effect and shall not have been amended, modified or supplemented except as
may have been agreed to in writing by us; (ii) all actions under the Act which, in the opinion
of Bond Counsel, shall be necessary in connection with the transactions contemplated hereby,
shall have been duly taken and shall be in full force and effect; and (iii) the District shall
perform or have performed all of their obligations required under or specified in the
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Resolution, this Purchase Contract or the Official Statement to be performed at or prior to the
Closing;
(c) Adverse Rulings
. No decision, ruling or finding shall have been entered by
any court or governmental authority since the date of this Purchase Contract (and not
reversed on appeal or otherwise set aside), or to the best knowledge of the District, pending
or threatened which has any of the effects described in Section 7(f) hereof or contesting in
any way the completeness or accuracy of the Official Statement;
(d) Marketability. The Underwriters shall have the right to cancel their
obligation to purchase the Bonds if, between the date of this Purchase Contract and the
Closing, customer orders have been canceled (evidenced by canceled trade tickets provided
to the District) due to the market price or marketability of the Bonds being materially
adversely affected, in the reasonable judgment of the Representative, by the occurrence of
any of the following:
(1) legislation enacted or introduced in the Congress or recommended for
passage by the President of the United States, or a decision rendered by a court
established under Article III of the Constitution of the United States or by the United
States Tax Court, or an order, ruling, regulation (final, temporary or proposed) or
official statement issued or made by or on behalf of the Securities and Exchange
Commission, or any other governmental agency having jurisdiction over the subject
matter thereof, to the effect that the Bonds, or obligations of the general character of
the Bonds, including any and all underlying arrangements, are not exempt from
registration under the Securities Act of 1933, as amended;
(2) legislation enacted by the legislature of the State of California (the
“State) or a decision rendered by a Court of the State, or a ruling, order, or regulation
(final or temporary) made by State authority, which would have the effect of
changing, directly or indirectly, the State tax consequences of interest on obligations
of the general character of the Bonds in the hands of the holders thereof;
(3) the formal declaration of war by Congress or a new major
engagement in or escalation of military hostilities by order of the President of the
United States, or the occurrence of any other declared national or international
emergency, calamity or crisis that interrupts or causes discord to the operation of the
financial markets or otherwise in the United States or elsewhere;
(4) the declaration of a general banking moratorium by federal, New
York or California authorities, or the general suspension of trading on any national
securities exchange;
(5) the imposition by the New York Stock Exchange, other national
securities exchange, or any governmental authority, of any material restrictions not
now in force with respect to the Bonds, or obligations of the general character of the
Bonds, or securities generally, or the material increase of any such restrictions now in
force, including those relating to the extension of credit by, or the charge to the net
capital requirements of, the Underwriters;
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(6) an order, decree or injunction of any court of competent jurisdiction,
or order, filing, regulation or official statement by the Securities and Exchange
Commission, or any other governmental agency having jurisdiction over the subject
matter thereof, issued or made to the effect that the issuance, offering or sale of
obligations of the general character of the Bonds, or the issuance, offering or sale of
the Bonds, as contemplated hereby or by the Official Statement, is or would be in
violation of the federal securities laws, as amended and then in effect;
(7) there shall have occurred or any notice shall have been given of any
intended review, downgrading, suspension, withdrawal, or negative change in credit
watch status to any rating of the District’s outstanding indebtedness by a national
rating agency;
(8) any event occurring, or information becoming known which, in the
reasonable judgment of the Representative, makes untrue in any material adverse
respect any statement or information contained in the Official Statement, or has the
effect that the Official Statement contains any untrue statement of a material fact or
omits to state a material fact required to be stated therein or necessary to make the
statements made therein, in light of the circumstances under which they were made,
not misleading;
(9) any fact or event shall exist or have existed that, in the
Representative’s judgment, requires or has required an amendment of or supplement
to the Official Statement; or
(10) there shall have occurred any materially adverse change in the affairs
or financial condition of the District.
(e) Delivery of Documents
. At or prior to the date of the Closing, the
Underwriters shall receive sufficient copies of the following documents in each case dated as
of the Closing Date and satisfactory in form and substance to the Underwriters:
(1) Opinions.
(i) The approving opinion of Bond Counsel, as to the validity and
tax-exempt status of the Bonds, dated the date of the Closing, addressed to the
District, in substantially the form set forth in the Preliminary Official Statement and
the Official Statement.
(ii) A supplemental opinion of Bond Counsel in form and
substance satisfactory to the Underwriters, dated the Closing Date and addressed to
the District and the Underwriters, substantially to the effect that:
(A) the description of the Bonds and statements in the
Official Statement on the cover page thereof and under the captions
“INTRODUCTION,” “THE BONDS”, “LEGAL MATTERS Continuing
Disclosure” and “TAX MATTERS,” to the extent they purport to summarize certain
provisions of the Resolution, the Continuing Disclosure Certificate, and Bond
Counsel’s opinion regarding the treatment of interest on the Bonds under California
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or federal law, fairly and accurately summarize the matters purported to be
summarized therein; provided that Bond Counsel need not express any opinion with
respect to any financial or statistical data or forecasts, numbers, charts, estimates,
projections, assumptions or expressions of opinion, information concerning the
Depository Trust Company or related to its book-entry only system, or with respect to
Appendices B, D, or E of the Official Statement;
(B) the Continuing Disclosure Certificate and this
Purchase Contract have each been duly authorized, executed and delivered by the
District and, assuming due authorization, execution and delivery by the other parties
thereto, constitute legal, valid and binding agreements of the District, enforceable in
accordance with their respective terms, except as enforcement thereof may be limited
by bankruptcy, insolvency, reorganization, moratorium or other laws relating to or
affecting generally the enforcement of creditors’ rights and except as their
enforcement may be subject to the application of equitable principles and the exercise
of judicial discretion in appropriate cases if equitable remedies are sought and by the
limitations on legal remedies against public agencies in the state of California; and
(C) the Bonds are exempt from registration pursuant to the
Securities Act of 1933, as amended, and the Resolution is exempt from qualification
as an indenture pursuant to the Trust Indenture Act of 1939, as amended.
(iii) Disclosure Counsel Letter
. A letter from Stradling Yocca
Carlson & Rauth, dated the Closing Date and addressed to the District, substantially
to the effect that based on such counsel’s participation in conferences with
representatives of the Underwriters, the District, and others, during which
conferences the contents of the Official Statement and related matters were discussed,
and in reliance thereon and on the records, documents, certificates and opinions
described therein, such counsel advises the District, as a matter of fact and not
opinion, that during the course of its engagement as Disclosure Counsel no
information came to the attention of such counsel’s attorneys rendering legal services
in connection with such representation which caused such counsel to believe that the
Official Statement as of its date (except for any financial or statistical data or
forecasts, numbers, charts, estimates, projections, assumptions or expressions of
opinion, Appendices B, D or E thereto, or DTC or its book-entry only system
included therein, as to which such counsel need express no opinion or view)
contained any untrue statement of a material fact or omitted to state any material fact
necessary to make the statements therein, in light of the circumstances under which
they were made, not misleading;
(2) Reliance Letter. A reliance letter from Bond Counsel to the effect
that the Underwriters can rely upon the approving opinion described in (10)(e)(1)(i)
above;
(3) Certificates. A certificate signed by appropriate officials of the
District to the effect that (i) such officials are authorized to execute this Purchase
Contract, (ii) the representations, agreements and warranties of the District herein
are true and correct in all material respects as of the date of Closing, (iii) the District
has complied with all the terms of the Resolution, and this Purchase Contract to be
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complied with by the District prior to or concurrently with the Closing, and, as to the
District, such documents are in full force and effect, (iv) such District officials have
reviewed the Official Statement and on such basis certify that the Official Statement
does not contain any untrue statement of a material fact or omit to state a material
fact required to be stated therein or necessary to make the statements therein, in light
of the circumstances in which they were made, not misleading, (v) the Bonds being
delivered on the date of the Closing to the Underwriters under this Purchase
Contract substantially conform to the descriptions thereof contained in the
Resolution, (vi) no event concerning the District has occurred since the date of the
Official Statement which has not been disclosed therein or in any supplement
thereto, but should be disclosed in order to make the statements in the Official
Statement in light of the circumstances in which they were made not misleading, and
(vii) there is no action, suit, proceeding, inquiry or investigation, at law or in equity,
before or by any court or public body, pending or, to the best knowledge of such
officials, threatened against the District, contesting in any way the completeness or
accuracy of the Official Statement, the issuance of the Bonds by the District on
behalf of the District or the due adoption of the Resolution;
(4) Arbitrage
. A nonarbitrage and tax certificate of the District in form
satisfactory to Bond Counsel;
(5) Ratings. Evidence satisfactory to the Underwriters that (i) the Bonds
shall have been rated “___and “___by Moody’s Investors Service (“Moody’s”)
and Standard & Poor’s (“S&P”) (or such other equivalent rating as such rating
agencies may give), and (ii) that any such ratings have not been revoked or
downgraded;
(6) District Resolution. A certificate, together with fully executed copies
of the Resolution, of the Secretary to the District Board of Trustees to the effect that:
(i) such copies are true and correct copies of the Resolution; and
(ii) that the Resolution was duly adopted and has not been
modified, amended, rescinded or revoked and is in full force and effect on the
date of the Closing.
(7) Official Statement
. A certificate of the appropriate official of the
District evidencing his or her determinations respecting the Preliminary Official
Statement in accordance with the Rule;
(8) Continuing Disclosure Certificate. An executed copy of the
Continuing Disclosure Certificate, substantially in the form presented in the Official
Statement as Appendix C thereto, along with evidence satisfactory to Disclosure
Counsel and the Underwriters that the District is in compliance with its disclosure
obligations under the Rule;
(9) Underwriter Counsel Opinion. An opinion of _________________,
counsel to the Underwriters (“Underwriter’s Counsel”), dated as of the Closing, and
in a form and substance satisfactory to the Underwriters; and
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(10) Certificate of the Paying Agent. A certificate of the Paying Agent,
signed by a duly authorized officer thereof, and in form and substance satisfactory to
the Underwriters, substantially to the effect that, to the best of such officer’s
knowledge, no litigation is pending or threatened (either in state or federal courts) (i)
seeking to restrain or enjoin the delivery by the Paying Agent of any of the Bonds, or
(ii) in any way contesting or affecting any authority of the Paying Agent for the
delivery of the Bonds or the validity or enforceability of the Bonds or any agreement
with the Paying Agent;
(11) Other Documents. Such additional legal opinions, certificates,
proceedings, instruments and other documents as the Underwriters may reasonably
request to evidence compliance (i) by the District with legal requirements, (ii) the
truth and accuracy, as of the time of Closing, of the representations of the District
herein contained and of the Official Statement, and (iii) the due performance or
satisfaction by the District at or prior to such time of all agreements then to be
performed and all conditions then to be satisfied by the District.
(f) Termination. Notwithstanding anything to the contrary herein contained, if
for any reason whatsoever the Bonds shall not have been delivered by the District to the
Underwriters as provided in Section 6 hereof, then the obligation to purchase Bonds
hereunder shall terminate and be of no further force or effect except with respect to the
obligations of the District and the Underwriters under Section 12 hereof.
If the District shall be unable to satisfy the conditions to the Underwriters’ obligations
contained in this Purchase Contract or if the Underwritersobligations shall be terminated for any
reason permitted by this Purchase Contract, this Purchase Contract may be cancelled by the
Underwriters at, or at any time prior to, the time of Closing. Notice of such cancellation shall be
given to the District in writing, or by telephone or telegraph, confirmed in writing. Notwithstanding
any provision herein to the contrary, the performance of any and all obligations of the District
hereunder and the performance of any and all conditions contained herein for the benefit of the
Underwriters may be waived by the Underwriters in writing in their sole discretion.
11. Conditions to Obligations of the District. The performance by the District of its
obligations is conditioned upon (i) the performance by the Underwriters of their obligations
hereunder; and (ii) receipt by the District and the Underwriters of opinions and certificates being
delivered at the Closing by persons and entities other than the District.
12. Expenses. (a) The District shall pay, and the Underwriters shall be under no
obligation to pay, the costs of issuance with respect to the Bonds, including but not limited to the
following: (i) the fees and disbursements of the District’s Bond Counsel and Disclosure Counsel; (ii)
the cost of the preparation, printing and delivery of the Bonds; (iii) the fees, if any, for Bond ratings,
including all necessary travel expenses; (iv) the cost of the printing and distribution of the
Preliminary Official Statement and Official Statement; (v) the initial fees of the Paying Agent and
Fiscal Agent; (vii) expenses for travel, lodging, and subsistence related to rating agency visits and
other meetings connected to the authorization, sale, issuance and distribution of the Bonds; and (viii)
all other fees and expenses incident to the issuance and sale of the Bonds. The District hereby
authorizes the Underwriters to wire an portion of the purchase price for the Bonds equal to
$______________ to U.S. Bank National Association, as costs of issuance agent for the District, for
the payment of such costs.
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(b) Notwithstanding any of the foregoing, the Underwriters shall pay all out-of-
pocket expenses of the Underwriters, including the California Debt and Investment Advisory
Commission fee, the fees of counsel to the Underwriters, and other expenses (except those expressly
provided above) without limitation, except travel and related expenses in connection with the bond
ratings.
(c) Notwithstanding Section 10(f) hereof, the District hereby agrees, in the event
the purchase and sale of the Bonds does not occur as contemplated hereunder, to reimburse the
Underwriters for any costs described in Subsection 12(a)(viii) above that are attributable to District
personnel.
13. Notices. Any notice or other communication to be given under this Purchase
Contract (other than the acceptance hereof as specified in the first paragraph hereof) may be given by
delivering the same in writing, if to the District, to Cerritos Community College District, 1110
Alondra Boulevard, Norwalk, California 90650, attention: David El Fattal, Vice President, Business
Services/Assistant Superintendent, or if to the Underwriters, c/o Wells Fargo Bank, N.A., 333 South
Grand Avenue, Los Angeles, California, 90071, attention: Scott Gorzeman.
14. Parties in Interest; Survival of Representations and Warranties. This Purchase
Contract when accepted by the District in writing as heretofore specified shall constitute the entire
agreement between the District and the Underwriters. This Purchase Contract is made solely for the
benefit of the District and the Underwriters (including the successors or assigns of the Underwriters).
No person shall acquire or have any rights hereunder or by virtue hereof. All representations,
warranties and agreements of the District in this Purchase Contract shall survive regardless of (a) any
investigation or any statement in respect thereof made by or on behalf of the Underwriters,
(b) delivery of and payment by the Underwriters for the Bonds hereunder, and (c) any termination of
this Purchase Contract.
15. Execution in Counterparts. This Purchase Contract may be executed in several
counterparts each of which shall be regarded as an original and all of which shall constitute but one
and the same document.
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16. Applicable Law. This Purchase Contract shall be interpreted, governed and enforced
in accordance with the laws of the State of California applicable to contracts made and performed in
such State.
Very truly yours,
WELLS FARGO BANK, N.A., on behalf of Itself,
J.P. MORAN SECURITIES, INC. and RBC
CAPITAL MARKETS, LLC, as Underwriters
By:
Director
The foregoing is hereby agreed to and
accepted at ____ p.m., California Time, as of
the date first above written:
CERRITOS COMMUNITY COLLEGE DISTRICT
By:
David El Fattal
Vice President, Business Services/Assistant
Superintendent
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APPENDIX A
INITIAL PRINCIPAL AMOUNTS, INTEREST RATES,
YIELDS, MATURITIES, AND REDEMPTION PROVISIONS
$_____________
CERRITOS COMMUNITY COLLEGE DISTRICT
(Los Angeles County, California)
Election of 2012 General Obligation Bonds, Series 2014A
$____________ Serial Bonds
Maturity
(August 1)
Principal
Amount
Interest
Rate
Yield
$____________________% Term Bonds due August 1, 20__ - Yield: _____%
_________________
(1)
Yield to call at par on August 1, 20__.
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Redemption
Optional Redemption. The Bonds maturing on and before August 1, 20__ are not subject to
optional redemption. The Bonds maturing on August 1, 20__ are subject to redemption prior to the
stated maturity date, at the option of the District, from any source of available funds, in whole or in
part, on any date on or after August 1, 20__, at a redemption price equal to the Principal Amount of
such Bonds as of the date fixed for redemption, plus interest accrued to the date fixed for such
redemption, without premium.
Mandatory Sinking Fund Redemption. The Bonds maturing on August 1, 20__ are subject
to redemption prior to maturity from mandatory sinking fund payments on August 1 of each year, on
and after August 1, 20__, at a redemption price equal to the principal amount thereof as of the date
fixed for redemption, together with interest accrued to the date set for such redemption, without
premium. The principal amount represented by such Term Bonds to be so redeemed and the
redemption dates therefor, and the final payment date is as indicated in the following table:
Redemption Date
(August 1)
Principal Amount
_______________________
(1)
Maturity.
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CERRITOS COLLEGE Meeting Date: October 1, 2014
Regular Meeting of the Board of Trustees Agenda Item No. 42
FROM:
Dr. Linda L. Lacy
President/Superintendent
PREPARED BY:
Dr. Mary Anne Gularte
Vice President of Human
Resources/Assistant Superintendent
SUBJECT: Consideration of Appointment of Two Community Members to Serve on the
Cerritos College President/Superintendent Search Advisory Committee
ACTION
It is recommended that the Board of Trustees appoint two community members to serve on the
President/Superintendent Search Advisory Committee.
FISCAL IMPACT
There is no fiscal impact.
REPORT SUMMARY
At the September 3, 2014, Board meeting, the Board of Trustees determined that two community members
would be included in the membership of the President/Superintendent Search Advisory Committee.
Applications were solicited from the community to serve on this committee. Interested applicants were invited
to submit a resume and bio, contact information, and a response to the following five questions:
1. Why do you want to serve on the Presidential Screening Advisory Committee?
2. Describe your involvement with Cerritos College or another community college.
3. Do you have any experience hiring/searching for a CEO or other executive in the non-profit, public,
or private sector? If yes, please describe your experience. Experience is not a requirement to
participate on the Presidential Screening Advisory Committee.
4. Do you live in the Cerritos College District? The following cities are within the District: Artesia,
Bellflower, Cerritos, Downey, Hawaiian Gardens, La Mirada, Norwalk, portions of Bell Gardens,
Lakewood, Long Beach, Santa Fe Springs and South Gate.
5. Are you able to commit 80 - 100 hours to interview first-level candidates as part of the Presidential
Screening Advisory Committee, including up to three weekdays, from 8 a.m. - 5 p.m. in January or
February 2015?
The deadline for applications was September 29, 2014. The applications received by the deadline were
forwarded to trustees electronically that evening for their review and consideration.
NOTICING REQUIREMENTS
None is required beyond posting of this item on the agenda.
ATTACHMENT(S)
None
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