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.

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.

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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.

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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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4 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.

(a) The Consultant hereby agrees to defend and indemnify the District against any and all claims, suits and liability which the District may incur in consequence of the intentional wrongful act or negligent act or omission of the Consultant. If a claim or suit is brought against the District for which the Consultant may be responsible, in whole or in part, then the Consultant shall be notified and shall handle or participate in the handling of the defense of such matter.

(b) If the Request for Proposals or bid documents required general liability or other insurance, the Consultant shall provide a Certificate of Insurance and shall provide evidence in a form satisfactory to the District that the Board of Education and the Buffalo City School District are listed as additional named insureds on such policies. Failure to maintain any required insurance contract in full force and effect during the term of this Agreement, or failure to maintain the Board of Education and the District as additional named insureds on such policies shall be deemed to be a material breach of contract.

(c) The District would defend and indemnify the Consultant against any and all claims, suits and liability which the Consultant may incur in consequence of the intentional wrongful act or negligent act or omission of the District. If a claim or suit is brought against the Consultant for which the District may be responsible, in whole or in part, then the District shall be notified and shall handle or participate in the handling of the defense of such matter.

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Section 19. Audit.

The Consultant shall provide to District, during normal business hours, promptly upon District’s demand with or without prior notice, access to and copies of any books, records and papers, including computer tapes, disks, or other electronic media, pertinent to performance of the services under this agreement up to three (3) years after termination of agreement without cost to the District.

Section 20. Prohibition against Assignment.

The Consultant shall be prohibited from assigning, transferring, conveying, subcontracting or otherwise disposing of this Agreement or any of its contents, or its right, title or interest therein, or of its power to perform the services required by this Agreement to any other person or corporation without the previous consent, in writing, of the District.

Section 21. Applicable Law, Venue & Dispute Resolution.

This Agreement shall be governed by and under the laws of the State of New York without reference to its conflict of laws principles. In the event that a dispute arises between the parties, venue for the resolution of such dispute shall be a New York State court of competent jurisdiction sitting in Erie County, New York. Nothing in this section shall preclude the parties from mutually agreeing to mediation, arbitration or other alternative dispute resolution device.

Section 22. Non-Waiver.

In the event that the terms and conditions of this Agreement are not strictly enforced by the District, such non-enforcement shall not act as or be deemed to act as a waiver or modification of this Agreement, nor shall such non-enforcement prevent the District from enforcing each and every term of this Agreement thereafter.

Section 23. Severability.

If any provision of this Agreement is held invalid by a court of law, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the laws of the State of New York.

Section 24. Approval by Buffalo Fiscal Stability Authority (When Required).

If this Agreement falls within the statutory parameters requiring BFSA approval, the parties agree and understand that this contract shall not be binding and shall have no force or effect until same is submitted to and approved by the Board of the Buffalo Fiscal Stability Authority, or the Board’s authorized designee(s). (Chapter 122 of the Laws of New York 2003, as amended).

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Section 25. Execution of Contract.

This Agreement may be signed in counterparts by each party; and versions of this Agreement transmitted by fax machine or other electronic media, including signatures transmitted electronically or by fax shall be deemed to be originals for all purposes.

Section 26. Subordination of Attachments.

This Agreement represents the primary covenant and understanding of the parties and the terms and conditions of this Agreement shall bind and control the nature of relationship, obligations and responsibilities of and among the parties. Any conflict between the terms and conditions of this Agreement and any attachment hereto, whether by reference in this Agreement or otherwise, shall be resolved solely pursuant to and in favor of the terms and conditions of this Agreement.

Section 27. Extent of Agreement.

This Agreement contains the entire agreement between the parties with respect to its subject matter, and this Agreement supersedes all prior negotiations, understandings and agreements whether oral or written between the parties with respect to its subject matter. This Agreement may not be amended, terminated (except as provided above) or modified orally, or by any course of conduct or usage of trade; and can be amended only by the mutual written agreement of the parties. Any references to this Agreement shall be deemed to include all renewals.

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Attachment A

Parent’s Bill of Rights for Data Privacy and Security

Pursuant to Education Law section 2-d, Buffalo City School District (the “District”) is now required to publish, on their websites, a parents bill of rights for data privacy and security and to include such information with every contract a school district enters into with a third party contractor where the third party contractor receives student data or teacher or principal data. The following is the District’s bill of rights for data privacy and security:

1. A student’s personally identifiable information cannot be sold or released for any commercial purposes;

2. Parents have the right to inspect and review the complete contents of their child's education record including any student data stored or maintained by the District/BOCES. This right of inspection is consistent with the requirements of the Family Educational Rights and Privacy Act (FERPA). In addition to the right of inspection of the educational record, Education Law §2-d provides a specific right for parents to inspect or receive copies of any data in the student’s educational record. The New York State Department of Education (NYSED) will develop policies and procedures pertaining to this right;

3. State and federal laws protect the confidentiality of personally identifiable information, and safeguards associated with industry standards and best practices, including, but not limited to, encryption, firewalls, and password protection, must be in place when data is stored or transferred;

4. A complete list of all student data elements collected by the State is available for public review at http://www.p12.nysed.gov/irs/sirs/documentation/NYSEDstudentData.xlsx, or you may obtain a copy of this list by writing to the Office of Information & Reporting Services, New York State Education Department, Room 863 EBA, 89 Washington Avenue, Albany, NY 12234; and

5. Parents have the right to file complaints with the District/BOCES about possible privacy breaches of student data by the District’s/BOCES’ third party contractors or their employees, officers, or assignees, or with NYSED. More information about where to address those complaints will be provided at a later date. At this interim time, you may contact Nathaniel J. Kuzma, General Counsel at [email protected] or by mail at 65 Niagara Square, City Hall Room 717, Buffalo, NY 14202. Complaints to NYSED should be directed in writing to the Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany NY 12234, email to [email protected]. The complaint process is under development and will be established through regulations to be proposed by NYSED’s Chief Privacy Officer, who has not yet been appointed.

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For purposes of further ensuring confidentiality and security of student data, as an appendix to the Parents’ Bill of Rights each contract an educational agency enters into with a third party contractor shall include the following supplemental information:

1. The exclusive purposes for which the student data, or teacher or principal data, will be used;

2. How the third party contractor will ensure that the subcontractors, persons or entities that the third party contractor will share the student data or teacher or principal data with, if any, will abide by data protection and security requirements;

3. When the agreement with the third party contractor expires and what happens to the student data or teacher or principal data upon expiration of the agreement;

4. If and how a parent, student, eligible student, teacher or principal may challenge the accuracy of the student data or teacher or principal data that is collected; and

5. Where the student data or teacher or principal data will be stored (described in such a manner as to protect data security), and the security protections taken to ensure such data will be protected, including whether such data will be encrypted.

In addition, the Chief Privacy Officer (when appointed), with input from parents and other education and expert stakeholders, is required to develop additional elements of the Parents’ Bill of Rights to be prescribed in the Regulations of the Commissioner. Accordingly, this Bill of Rights will be revised from time to time in accordance with further guidance received from the Chief Privacy Officer, the Commissioner of Education and NYSED.

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Attachment A1

Supplemental Information for Third-Party Contracts

STUDENT PRIVACY

The Buffalo City School District (the “District”) is an educational agency within the meaning of Section 2-d of the New York State Education Law ("Section 2-d”), and The Consultant of Central Upstate New York (the “Consultant”) is a third party contractor within the meaning of Section 2-d. Pursuant to the Agreement for Professional Services, the Consultant receives access to student data, which is regulated by Section 2-d, from the District.

As used in this Attachment, the term "student data" means personally identifiable information from student records that the Consultant receives from the District.

The provisions of this Attachment are intended to comply with Section 2-d in all respects.

Education Law Section 2-d(5)(d)

The Consultant agrees that the confidentiality of student data shall be maintained in accordance with state and federal laws and the educational agency’s policies on data security and privacy that protect the confidentiality of personally identifiable information.

Education Law Section 2-d(5)(e)

The Consultant agrees that any of its officers or employees, and any officers or employees of any its assignees, who have access to personally identifiable information will receive training on the federal and state law governing confidentiality of such data prior to receiving access to that data.

Education Law Section 2-d(3)(b)(1) and (c)(1)

The exclusive purpose for which the Consultant is being provided access to personally identifiable information is to enable the District to make use of the Services defined within the underlying Agreement for Professional Services. Student data received by the Consultant, or by any of its assignees, from the District shall not be sold or used for marketing purposes.

Education Law Section 2-d(3)(c)(2)

The Consultant shall insure that to the extent that it comes into possession of personally identifiable information, it will only share that personally identifiable information with additional third parties if those third parties are contractually bound to adhere to the data protection and security requirements set forth in this agreement.

Education Law Section 2-d(3)(c)(3)

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Upon expiration of this agreement without a successor agreement in place, the Consultant shall assist the District in exporting all student data previously received from the District, and, at the request of the District, the Consultant shall thereafter securely delete any copy of the data remaining in its possession. If data is to be maintained by the Consultant for federal and/or state reporting, such data shall remain in an encrypted format and stored in a secure facility.

Education Law Section 2-d(3)(c)(4)

Parents have the right to file complaints with the District about possible privacy breaches of student data by the District's third party contractors or their employees, officers, or assignees, or with NYSED. More information about where to address those complaints will be provided at a later date. At this interim time, you may contact Nathaniel J. Kuzma, General Counsel at [email protected] or by mail at 65 Niagara Square, City Hall, Room 717, Buffalo, NY 14202. Complaints to NYSED should be directed in writing to the Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany NY 12234, email to [email protected]. The complaint process is under development and will be established through regulations to be proposed by NYSED's Chief Privacy Officer, who has not yet been appointed.

Education Law Section 2-d(3)(c)(5) and (5)(e) and (5)(f)(4) and (5)(f)(5)

Student data transferred to the Consultant by the District will be stored in electronic format on systems maintained by the Consultant in a secure data center facility in the United States. The measures that the Consultant will take to protect the privacy and security of student data while it is stored in that manner are associated with industry best practices including, but not necessarily limited to disk encryption, file encryption, firewalls, and password protection.

Education Law Section 2-d(5)(f) and (6)

The Consultant acknowledges that it has the following obligations with respect to any student data received from the District, and any failure to fulfill these statutory obligations shall be a breach of the underlying Agreement for Professional Services:

 Limit internal access to education records to those individuals that are determined to have legitimate educational reasons within the meaning of Section 2-d and FERPA including technical support;

 Not use education records for any purpose other than those explicitly authorized in this Agreement;

 Not disclose any personally identifiable information to any other party who is not an authorized representative of the Consultant using the information to carry out the Consultant’s obligations under this Agreement, unless (i) that other party has the prior written consent of the parent or eligible student, or (ii) the disclosure is required by statute or court order, and notice of the disclosure is provided to the source of the information no later than the time of disclosure, unless such notice is expressly prohibited by the statute or court order;

 Maintain reasonable administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of personally identifiable information in its custody;

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 Use encryption technology to protect data while in motion or in its custody from unauthorized disclosure using a technology or methodology specified by the secretary of the U.S. Department of Health and Human Services in guidance issued under P.L.111-5, Section 13402(H)(2);

 Notify the educational agency from which student data is received of any breach of security resulting in an unauthorized release of student data by the Consultant or its assignees in violation of state or federal law, the parents bill of rights for student data and security, the data privacy and security policies of the educational agency, and/or of contractual obligations relating to data privacy and security in the most expedient way possible and without unreasonable delay.

It is understood that a Contract Addendum may be necessary to ensure compliance with Section 2-d, after certain regulations have been promulgated by the New York State Education Department, and the parties agree to take such additional steps as may be necessary at that time.

Consultant Contract Board Approval Required Form December 8, 2017 Do Not Use Prior Versions

ERIECOM-01 JNOWAK ACORD. DATE (MM/DD/YYYY) ~ CERTIFICATE OF LIABILITY INSURANCE I 11/27/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). License # BR-1009544 CONTACT PRODUCER NAME: Lawley Agency, LLC PHONE 1 (716) 849-8618 FAX 1 (716) 849-8291 361 Delaware Avenue (A/C, No, Ext): I (A/C, No): E-MAIL Buffalo, NY 14202 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Ace American Insurance Co 22667 INSURED INSURER B : Allmerica Fin Ben Ins 41840 Erie Community College INSURER C : 4041 Southwestern Blvd INSURER D : Orchard Park, NY 14127 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTRTYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 6,000,000 ~ CLAIMS-MADEX OCCUR DAMAGE TO RENTED D D X XPEG28155529003 08/25/2018 08/25/2019 PREMISES (Ea occurrence) $ MED EXP (Any one person) $ ~ X Contractual Liab PERSONAL & ADV INJURY $ ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 7,000,000 PRO- POLICYD JECT D LOC PRODUCTS - COMP/OP AGG $ EBL AGGREGATE 7,000,000 Fl OTHER: $ COMBINED SINGLE LIMIT 1,000,000 B AUTOMOBILE LIABILITY (Ea accident) $ ~ X ANY AUTO AWSD021734 08/25/2018 08/25/2019 BODILY INJURY (Per person) $ ~ OWNED- SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ ~ XXHIRED- NON-OWNED PROPERTY DAMAGE (Per accident) $ ~ AUTOS ONLY~ AUTOS ONLY $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ ~ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DEDI I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY I STATUTE I I ER Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) D E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Buffalo City School District ACCORDANCE WITH THE POLICY PROVISIONS. 801 City Hall 65 Niagara Square Buffalo, NY 14202 AUTHORIZED REPRESENTATIVE