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ECC Board of Trustees ECC Board of Trustees Executive Summary Date: December 13, 2018 Subcommittee: Consent Agenda Agenda Item: Agreement for Consultant Services requested between SUNY Erie and the Buffalo Public Schools for the New York State Pathways in Technology-3 (P-Tech-3) BESOLAR grant program to align with the college’s Computer and Electronics Technology A.A.S. degree program This item is: For Board's Approval Backup Documentation: Attached to this document Background Information: The Buffalo Public School system was awarded funding through the New York State Education Department’s P-Tech BESOLAR grant program. From Fall 2016 through Fall 2021, each year a new freshman cohort at South Park High School begins in the grant. Starting in grade 10, each cohort begins taking SUNY Erie Advanced Studies courses at South Park. The P-Tech grant covers the cost of student tuition outside of the contract. This contract will cover costs associated with tours and student visits to SUNY Erie, curriculum development and SUNY Erie faculty and staff partner visits for the period August 1, 2018 through June 30, 2019. Reasons for Recommendation: Students will have the opportunity to earn SUNY Erie credits through taking course work aligned with the Computer and Electronics Technology A.A.S. degree program. This will facilitate a pipeline of students to matriculate into this degree program at the college. P-Tech grants are awarded throughout New York State through the Department of Education. Fiscal Implications: As the consultant, SUNY Erie will receive up to $9,950. Consequences of Negative Action: Inability to meet grant outcomes. Steps Following Approval: Review and approval by SUNY Erie Legal Counsel Leslie Ortiz Fogg, Assistant County Attorney, Erie County. Contact Information If Any Questions: Richard C. Washousky, Provost and Vice President, North Campus Phone: (716) 851-1500/email: [email protected] AGREEMENT FOR CONSULTANT SERVICES BY AN INDIVIDUAL OR BUSINESS ENTITY THIS IS AN AGREEMENT, effective on the date last executed by the parties hereto (“Effective Date”) by and between the BUFFALO CITY SCHOOL DISTRICT, having its principal office at 801 City Hall, 65 Niagara Square, Buffalo, New York 14202, hereinafter referred to as the “District”, and SUNY ERIE having its principal office at 6205 Main Street, Williamsville, NY 14221, hereinafter referred to as the “Consultant”. THE CONSULTANT IS NOT AUTHORIZED TO PROVIDE ANY SERVICES, OR INCUR ANY EXPENSES, UNTIL THIS AGREEMENT HAS BEEN FULLY EXECUTED. Section 1. Term. The Consultant shall commence performance of the services required under this Agreement on the later of August 1, 2018 or the Effective Date and complete the services no later than June 30, 2019. Section 2. Scope of Services & Contract Documents. (a) The Consultant shall perform the following services in a manner satisfactory to the District’s Authorized Agent: PTech-3 BESOLAR Grant/Program • College staff from the Computer and Electronics AAS degree program will consult on curriculum (hourly) • College staff will attend partner meetings and PTech events and participate in classroom visits in each grade level of the program (hourly) • BESOLAR students at each grade level will be provided with college visits at the SUNY Erie campus in the Fall &/or Spring • Summer Bridge Camps will be held on the college campus (9th grade two days, 10th grade five days, 11th grade five days) (b) In order to enable the Consultant to perform these services, the District shall provide the Consultant the following data, information or facilities: The consultant will be provided with space for guest speakers, advisory meetings and curriculum meetings at South Park High School. Consultant will also be provided with the grades for the college courses that the 10th and 11th grade students will take. (c) Monitoring of services provided. The District will monitor the Consultants services by: X 1. conducting onsite visits , a CTE teacher, Work-Based Learning Coordinator or CTE administrator will be present for all activities Consultant Contract Board Approval Required Form December 8, 2017 Do Not Use Prior Versions 1 ____2. conducting surveys of participants to rate the service, X 3. collecting sign in sheets, X 4. collecting copies of materials disseminated while services are being provided and/or X 5. Other; Sign-In sheets for adults at any Partner or Curriculum meetings will be collected. (d) The Contract Documents are incorporated by reference herein, and shall be deemed to be: (i) the District’s Request for Proposals or bid documents and any exhibits or communication related thereto; (ii) the Contractor’s proposal, including attachments, dated 7/26/2018; (iii) the Board of Education resolution authorizing the Agreement; (iv) this Agreement and (v) ___________________. In any instance in which this Agreement is silent, or less inclusive than the Consultant’s proposal, the provisions of the proposal, and then the Request for Proposal shall be controlling and given full force and effect. Section 3. Authorized Agents & Notice of Claims. A. The District designates: (Name): Kathy Heinle (Title): CTE Director (Address): 333 Clinton Street Buffalo, New York 14204 All invoices, along with required back up documentation, must be submitted in PDF format to the following email address - [email protected]. B. The Consultant designates: (Name): Rob Leteste (Title): Assistant Project Director (Address): 6205 Main Street_ Williamsville, NY 14221 (Name): Richard C. Washousky Penny Howard (Title): Provost and Executive Vice President Executive Vice President of (Address): 6205 Main Street Administration and Finance Williamsville, NY 14221 121 Ellicott Street Buffalo, NY 14203 as the Authorized Agent of the District or the Consultant for exchange of all communications pursuant to this Agreement. In the event that the Consultant seeks to terminate the Agreement, or to pursue a claim based upon the Agreement, written notice shall also be provided to: Office of Legal Counsel, Buffalo City School District, 713 City Hall, 65 Niagara Square, Buffalo, New York 14202. Any claim shall be subject to the notice and time requirements of New York Education Law § 3813. Consultant Contract Board Approval Required Form December 8, 2017 Do Not Use Prior Versions 2 Section 4. Fee & Terms of Payment. (a) The funding source for this Agreement shall be Budget Account: PTech 3 F0005Z21 440 VM19. Specify the Resolution or Item Number and date that an Agreement was authorized by the Board of Education: Item Number/Resolution Number: 11k adopted on August 15, 2018. (b) The District shall pay the Consultant a fee for full performance not to exceed the total amount of nine thousand nine hundred and fifty dollars ($9,950.00), payable in installments as work is completed. Final payment shall be made upon completion of all services contemplated under this Agreement. (c) Invoice Requirements - Invoices must be appropriately detailed to allow District personnel to verify that specific goods and/or services have been received/completed per the Contract’s Scope of Services and Purchase Order specifications and provide a clear, consistent and accurate document trail required by the District’s Audit department. All invoices, along with required back up documentation, must be submitted in PDF format to the following email address - [email protected]. In situations where backup material is required (i.e. required reports, attendance sheets or receipts for reimbursements) these documents must be sent with the invoice. Do not send an invoice without the required back up. These documents should be referred to in the description of goods or services section of the invoice. All invoices must contain a valid Buffalo Schools Purchase Order # (PO#). Vendors should not commence work without a PO#. Contact the District Designee in Section 3 with any problems obtaining a PO#. Invoices not containing a valid PO# cannot be processed for payment. All Invoices must contain the following standard information; your organizations name and contact information, Invoice Date, Invoice #, Terms – for early payment discounts, a Buffalo City School District PO# and a current Remit Address. The description of goods or services section of the invoice must be consistent with both the Contract’s Scope of Services and the Purchase Order and include what service was performed, where it was performed, when it was performed and the cost for these services. Documentation required to support any charges based on staff time or reimbursements (e.g. attendance data, invoice receipts) must be submitted with the invoice (e.g. time sheets, subcontractor invoices, receipts). For contracts that have a multi-line Purchase Order, the invoice must indicate which Purchase Order line number the invoice charges are to be applied against. A separate invoice is required for each PO#. Do not include charges against more than one PO# on any one invoice. Do not include sales tax on any invoice. As a governmental entity, the District is tax exempt. Invoices should not be submitted prior to completion of services or receipt of goods. Consultant Contract Board Approval Required Form December 8, 2017 Do Not Use Prior Versions 3 Travel and all other expenses shall be the Consultant’s sole responsibility. Section 5. New York State Retirement System Approval/Contract Deemed Executory. If the contract is subject to New York State Retirement System Approval, Consultant, or any individual working for the Consultant under this Agreement, is a retiree of the District, this Agreement shall be contingent upon approval by the New York State Retirement System. This Agreement shall be deemed executory only to the extent of funds appropriated by the Board of Education, and available by the District for the purpose of this agreement, and no liability on account thereof shall be incurred by the District beyond the amount of such funds. It is understood and agreed that neither this agreement, nor any representation by any public officer or employee creates any legal, moral or equitable obligation on the part of the District to request, appropriate or make additional funds available for the purpose of this Agreement.
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