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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: Backup Documentation:

For Board's Approval
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

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____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): (Title):
Kathy Heinle 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): (Title): (Address):
Rob Leteste Assistant Project Director 6205 Main Street_ Williamsville, NY 14221

Penny Howard

(Name): (Title): (Address):
Richard C. Washousky Provost and Executive Vice President 6205 Main Street

Executive Vice President of Administration and Finance 121 Ellicott Street

Williamsville, NY 14221

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.

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  • 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.

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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.

  • Section 6.
  • Work Product.

All materials produced by the Consultant and delivered to the District shall become and remain the property of the District for all purposes (including copyright). The District shall have the right to modify any work product of the Consultant other than factual or statistical information or analyses, or opinions or recommendations. With respect to any work product of the Consultant that is creative (which term shall be interpreted liberally), the Consultant represents and warrants that it is original, has not been previously published, is not in the public domain, does not violate any right of privacy, and is not libelous, obscene or unlawful; the Consultant shall be given credit for any creative work product in a manner the District deems appropriate.

  • Section 7.
  • Parent Bill of Rights.

As part of the Common Core Implementation Reform Act, Education Law §2-d

requires that the District include a “Parents’ Bill of Rights for Data Privacy and Security” (“Parents’ Bill”) with every contract it enters into with a “third party contractor” (as defined in the Act) where

the third party contractor receives student data, or certain protected teacher/principal data related to Annual Professional Performance Reviews that is designated as confidential pursuant to Education Law §3012-d (“APPR data”). The Parents' Bill can be found on the District website at http://www.buffaloschools.org/LegalCounsel.cfm and a copy is attached to this agreement and made a part thereof (Attachment A). The Consultant acknowledges and agrees to adhere to certain obligations with respect to confidential student data as prescribed in Attachment A1.

  • Section 8.
  • Records.

In the course of performance of Agreements with the District, Consultants may have need and eligibility for access to certain restricted records of the District, such as student records; or

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may come into contact with such records by error or inadvertence. It is understood and agreed that Buffalo Board of Education, Buffalo Public Schools and non-public schools’ student, health and employment records shall be maintained by and remain the property of Buffalo Board of Education. Access to student records shall be governed by Family Educational Rights and Privacy Act (FERPA); and access to all District records is subject to all other applicable state and federal laws. The Consultant, its officers, employees and agents shall be responsible for maintaining privacy protocols meeting or exceeding all applicable State or federal laws and regulations, including but not limited to

the Individuals with Disabilities Education Act (“IDEA”), New York State Education Law, the Health Insurance Portability and Accountability Act (“HIPAA”) and FERPA, with reference to the

performance of their duties and the preparation, maintenance and control of records created or used in the performance of the contract; and shall immediately report any inadvertent access to the District and return any such record and all copies thereof to the District. The Consultant further agrees to maintain the confidentiality of all such information, and not to disclose any such information, at any time, to any individual or party not bound by the Agreement,

  • Section 9.
  • Fingerprinting.

If applicable, the Consultant, its employees/subcontractors providing services under this Agreement, who will have direct student contact, whether alone or with employees of the District, shall obtain fingerprinting clearance, as required by the New York State Department of Education (SED), and submit a list of all employees/subcontractors who will be providing services to the District under this Agreement, and proof to the District of such fingerprinting clearance, prior to the commencement of services. The Consultant shall not permit any individual who has not satisfied these requirements to provide any services under this Agreement. The District may, in its sole discretion, terminate this Agreement where the Consultant has failed to meet the requirements of this Paragraph. The Consultant shall make no demand for, nor be entitled to receive, any additional compensation of any kind for any and all fees and costs for fingerprinting clearance procedures. The Consultant shall immediately notify the District in a manner consistent with this Agreement if any individual subject to fingerprinting clearance has been arrested and/or charged with a felony or misdemeanor in any jurisdiction.

Section 10. Equipment, Materials and Supplies.

Unless specified elsewhere in this Agreement, all equipment, materials and supplies necessary to perform the services required by this Agreement shall be furnished by the Consultant at its own expense.

Section 11. Termination of Contract.

Either party may terminate this Agreement on thirty (30) days written notice at the addresses listed in Section 3.

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Section 12. Right To Cure

In the event Consultant defaults in the performance of this Agreement in whole, or in part, the District may take over the work to be performed and complete the same by contract or otherwise, and the Consultant shall be liable to the District for any excess cost occasioned thereby. The total fee payable to the Consultant under this Agreement, upon such termination, shall be such proportionate part of the total fee as the value of the work satisfactorily completed and delivered to the District bears to the value of the work contemplated by this Agreement.

Section 13. Status as Independent Contractor.

The Consultant represents and warrants that it is an independent contractor and shall neither hold itself out as, nor claim to be, an officer or employee of the District, and further shall not make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the District.

Section 14. Tax.

As the District is exempt from paying excise or sales taxes of any jurisdiction, the
District will not accept or pay any invoices or vouchers for such taxes.

Section 15. Equal Employment Opportunity.

The Consultant agrees that it will not discriminate against its employees (if any) with respect to terms and conditions of employment because of race, color, religion, gender, age, disability, national origin, sexual orientation, or marital or veteran status, in violation of any federal or state Civil Rights Acts or the Americans with Disabilities Act. The Consultant also agrees to make a good faith effort to employ minority group persons and females in the hiring of employees for performance of services under this Agreement.

Section 16. Workers’ Compensation.

The Consultant shall secure compensation for the benefit of, and keep insured during the life of this Agreement, any and all employees as are required to be insured under the provisions

of the Workers’ Compensation Law of the State of New York or the State of the Consultant’s

residence, whichever may apply. The Consultant shall provide proof acceptable to the District, duly

subscribed by an insurance carrier, that such Workers’ Compensation coverage has been secured.

The above-stated requirement shall not apply if the Consultant has no employees, or if Consultant’s

employees are not required to be covered by Workers’ Compensation. In such case, a brief letter, on

the Consultant’s letterhead, stating which of the above circumstances is applicable, shall be attached to, and be made a part of, this Agreement.

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  • Section 17.
  • Compliance with All Laws.

(a) The Consultant agrees that, during the performance of the services required pursuant to this Agreement, it and all employees (if any) working under its direction shall strictly comply with all local, state or federal laws, ordinances, rules or regulations controlling or limiting in any way its actions during such performance of the services required by this Agreement. Furthermore, each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though it were included herein. Failure of the Consultant to comply with applicable laws may, at the discretion of the District, be deemed to constitute a material breach of the Agreement.

(b) If the performance of this Agreement requires the Consultant or his/her/its employees or agents to be in contact with students of the Buffalo Public Schools or to perform services on school campuses, the Consultant will comply with all State and federal rules and regulations relating to child protection in effect during the term of the Agreement, which may include submitting to fingerprinting and criminal record clearance. If during the term of this Agreement the Consultant learns that the Consultant or any employee, volunteer or agent of the Consultant has been convicted

of a child abuse crime, the Consultant shall immediately notify the District’s Office of Legal Counsel.

The District reserves the right to deny access by the convicted individual(s) to district students. Failure of the Consultant to comply with applicable laws may, at the discretion of the District, be deemed to constitute a material breach of the Agreement.

  • Section 18.
  • Consultant’s Liability: Defense, Indemnification & Insurance.

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