Documents › Board of Education, 2026-06-11

agreement 18 pages

Also attached to this agenda item: 2026-27 ETL-LAN WAN Support Services-Croton-Harmon... Edu-Tek Consultant Agreements for Remote Data Support...

RRRRSERVICE AGREEMENT For Remote Data Support Services July 1, 2026-June 30, 2027 Between the Croton-Harmon UFSD (the District) and Edu Tek Ltd. (the Technology Service Provider) Educational Technology Consultants for Voice, Video & Data 2 PROJECT DESCRIPTION Working with the Croton-Harmon UFSD (District), Edu Tek Limited (Edu Tek) will provide comprehensive Remote Data Support for the District. TERM The term of this Agreement shall commence on July 1, 2026 regardless of the date approved by the Board of Education and conclude on June 30, 2027, unless terminated sooner in accordance with the provisions of this Agreement. SCOPE OF SERVICES The scope of services contained in this agreement includes but is not limited to the following: General Data Services Data Management ● Handle the extraction of district data from various platforms, including Student Information System (SIS), Special Education, Human Resources (HR), and others. ● Import and upload data to Level 0, ensuring error resolution in this phase. ● Transfer cleansed data from Level 0 to Level 1 and subsequently to Level 2, ensuring that reports and verifications at each level meet the required standards. ● Maintain and access data from the Level 0 Historical archive as needed. ● Utilize the NYSED Business Portal for relevant data management activities. ● Ensure accuracy and completion of the 3 Year BEDS data submissions, which include APPR- related data. ● Address Near Match Student Resolution issues to guarantee accurate student data. ● Obtain Data Certifications as and when required by NYSED or other relevant authorities. ● Ensure student data remains current and accurate, especially in preparation for the printing of answer sheets for State Testing. ● Review Tested/Not Tested reports to verify accuracy and completeness. Communication and Collaboration ● Collaborate with the Regional Information Center (RIC) to ensure a seamless transition when their current data services are discontinued. ● Effectively communicate timelines, upload-errors, and resolutions with relevant departments. ● Extract and share Level 2 reports, including those relevant to APPR, with department heads for data validation. ● Facilitate inter-departmental communication within the district regarding state data collection and reporting activities. Educational Technology Consultants for Voice, Video & Data 3 ● Regularly update the administrative point of contact on activity statuses, including data analysis and reasonableness checks. ● Obtain the superintendent’s signed statement of certification before NYSED- determined deadlines. Training ● Identify training needs for district and building administrators, support staff, and others responsible for data handling. ● Collaborate with the district to provide assistance and guidance on the verification and cleansing of state accountability data, ensuring accuracy and compliance. Additionally, offer report sets to address reporting errors and guide future data handling and training needs. ● Provide coaching and training to staff, ensuring they understand data errors and corrections, with the aim of minimizing errors in the future. Regulatory Adherence ● Stay updated with NYSED reporting requirements, which might change periodically. ● Attend informational sessions for District Data Coordinators by MHRIC to stay informed on data collection and verification requirements. ● Adhere to NYSED’s “legitimate educational interest” clause concerning data access and confidentiality. ● Implement measures aligned with NYSED guidelines to guarantee data accuracy and compliance. ● Ensure compliance with the Civil Rights Data Collection (CRDC) requirements and other state testing standards. Edu Tek represents that it has the requisite knowledge and skills to provide all the above-described services. Edu Tek recognizes that this Agreement does not grant it the exclusive right to perform the above-described services for the District. Educational Technology Consultants for Voice, Video & Data 4 Independent Contractor Edu Tek shall not be considered as having employee status and enters into this Agreement and will remain throughout the term hereof an Independent Contractor of the District. Edu Tek and its officers, directors, employees and/or agents are retained by the District only for the purposes and to the extent set forth in this Agreement. Edu Tek, its officers, directors, employees and/or agents shall not be entitled to any rights or benefits afforded to the District’s employees, including, without limitation, disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, retirement or any other employment benefit. Edu Tek is responsible for providing, at Edu Tek’s sole expense, disability, unemployment, workers’ compensation and all other forms of insurance, training, permits and licenses for Edu Tek and its officers, directors, employees and/or agents. Edu Tek, its officers, directors, employees and/or agents shall not assert any claim for additional benefits of any nature, including, but not limited to, unemployment compensation benefits, by reason of the services to be performed pursuant to this Agreement. Edu Tek, its officers, directors, employees and/or agents shall not be entitled to assert any claim to entitlements pursuant to any collective bargaining agreement now or hereafter in effect between the District and any of its employees. Edu Tek acknowledges that it will not hold itself, its officers, directors, employees and/or agents out as employees of the District. The District shall not be responsible to pay Edu Tek for any expenses paid or incurred for the services provided under the awarded contract, except as set forth in the “Compensation” section herein. The District will not make deductions from payments to Edu Tek for income taxes, social security, unemployment insurance, workers’ compensation or other employment/payroll taxes. The District will issue a 1099 form at the end of each taxable period for monies paid to each proposer awarded a contract. Edu Tek shall be responsible for complying with income reporting and other requirements by federal, state and/or local taxes, and for paying, when due, all income or other taxes incurred as a result of the compensation paid by the District to Edu Tek for services under this Agreement. Edu Tek will indemnify the District for any tax liability, interest, and/or penalties imposed upon the District by any taxing authority based upon the District’s failure to withhold any amount from the payments for tax purposes. Confidentiality and Data Security and Privacy Standards: Edu Tek understands that in performing this Agreement it may have access to confidential information in possession of the District or others, including, but not limited to names, facts or information about individuals, businesses and families. Edu Tek may also have access to confidential information, potentially including student directory information; personnel information and records; information regarding sensitive, confidential or internal District matters and other protected information. It is agreed that the definition of confidential information includes all documentary, electronic or oral information made known to Edu Tek through any activity related to this Agreement. Edu Tek agrees it, its officers, directors, employees and/or agents shall not reveal, publish, discuss, disclose or communicate the content of such confidential information, directly or indirectly to any third-party, except as explicitly provided for in this Agreement. Edu Tek understands that any unauthorized disclosure, publication and/or communication of such confidential information shall be considered a breach of this Agreement. Edu Tek agrees that if it receives a subpoena for divulgence of confidential information, it shall notify the District prior to divulging the same. The parties further agree that the terms and conditions set forth in this Confidentiality section and all of its subparts shall survive the expiration and/or termination of this Agreement. Without limiting any of the foregoing statements in this paragraph: Educational Technology Consultants for Voice, Video & Data 5 a. Edu Tek agrees, on behalf of itself and its employees, and/or agents that, in the course of performing services, it may have access to information that is deemed confidential information under New York Education Law Section 2-d, for example, teacher or principal data and student data. Edu Tek, its employees, and/or agents shall not use, publish, discuss, disclose or communicate the contents of such information, directly or indirectly with third parties, except as provided for in this Agreement. Edu Tek further agrees that any information received by Edu Tek, its employees, and/or agents during the course of the services provided pursuant to this Agreement which concerns the personal, financial, or other affairs of District, its employees, agents, clients, and/or students will be treated by Edu Tek, its employees, and/or agents in full confidence and will not be revealed to any other persons, firms, or organizations. b. Edu Tek acknowledges that it may receive and/or come into contact with personally identifiable information, as defined by New York Education Law Section 2-d, from records maintained by District that directly relate to a student(s) (hereinafter referred to as “education record”). Edu Tek shall maintain reasonable administrative, technical and physical safeguards to protect the security, confidentiality and integrity of personally identifiable student information in its custody in accordance with applicable laws and regulations, and understands and agrees that it is responsible for complying with state data security and privacy standards for all personally identifiable information from education records, as and to the extent applicable to Edu Tek. c. It is anticipated that education records will be stored only in District systems (and not in Edu Tek’s custody), unless required for performance of services or as requested by the District. To the extent education records are in Edu Tek’s custody, it shall: i. limit internal access to education records to those individuals that are determined to have legitimate educational interests; ii. not use the education records for any purposes other than those explicitly authorized in this Agreement; iii. maintain reasonable administrative, technical and physical safeguards to protect the security, confidentiality and integrity of education records in its custody; and iv. 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 United States Department of Health and Human Services in guidance issued under Section 13402(H)(2) of Public Law 111-5 and the National Institute of Standards and Technology Cyber Security Framework Version 1.1. d. Edu Tek further understands and agrees that it is responsible for submitting a data security and privacy plan to District prior to the start of the term of this Agreement. Such plan shall outline how all state, federal and local data security and privacy contract requirements will be implemented over the life of the contract consistent with the District’s policy on data security and privacy, as adopted. Further, such plan shall include a signed copy of District Parents’ Bill of Rights and the training requirement established by Edu Tek for all employees who will receive personally Educational Technology Consultants for Voice, Video & Data 6 identifiable information from student records (“student data,” as defined by New York Education Law Section 2-d). e. Edu Tek understands that as part of the District’s obligations under New York Education Law Section 2-d, Edu Tek as a third-party contractor is responsible for providing the District with supplemental information to be included in the District’s Parents’ Bill of Rights. Such supplemental information shall be provided to the District within ten (10) days of execution of this Agreement and shall include: i. the exclusive purposes for which the student data will be used; ii. how Edu Tek will ensure that subcontractors, persons or entities to whom Edu Tek will disclose the student data share the student data with, if any, will abide by data protection and security requirements; iii. that student data in Edu Tek’s possession will be returned or destroyed upon expiration of the Agreement; iv. if and how a parent, student, or eligible student may challenge the accuracy of the student data that is collected; and v. where the student 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 and privacy risks mitigated. f. In the event of a breach of the within confidentiality and data security and privacy standards provision and unauthorized release of student data, Edu Tek shall immediately notify the District and advise it as to the nature of the breach and steps Edu Tek has taken to minimize said breach. Said notification must be made within seven (7) days of the breach. In the case notification to a parent or eligible student is required by applicable law, Edu Tek shall promptly reimburse the District for the cost of such notification. g. In the event that Edu Tek fails to notify the District of a breach, said failure shall be punishable by a civil penalty of the greater of $5,000 or up to $10 per student, teacher and principal whose data was released, provided that the maximum penalty imposed shall not exceed the maximum penalty imposed under General Business Law, section 899- aa(6)(a). h. Except as set forth in paragraph (g) above, in the event Edu Tek breaches its obligations under this Confidentiality and Data Security and Privacy Standards provision and such breach leads to a violation of Education Law 2-d, said violation shall be punishable by a civil penalty of up to $1,000. A second violation involving the same data shall be punishable by a civil penalty of up to $5,000. Any subsequent violation involving the same data shall be punishable by a civil penalty of up to $10,000. Each violation shall be considered a separate violation for purposes of civil penalties and the total penalty shall not exceed the maximum penalty imposed under General Business Law section 899- aa(6)(a). i. Edu Tek shall indemnify and hold the District harmless from any third party claims arising from its breach of the within confidentiality and data security and privacy standards provision. j. Upon termination of this Agreement, Edu Tek shall return or destroy all confidential Educational Technology Consultants for Voice, Video & Data 7 information in its possession obtained in connection with the services provided herein and/or student data. Destruction of the confidential information and/or student data shall be accomplished utilizing an approved method of confidential destruction, including, shredding, burning or certified/witnessed destruction of physical materials and verified erasure of magnetic media using approved methods of electronic file destruction. The parties further agree that the terms and conditions set forth herein shall survive the expiration and/or termination of this Agreement. Confidentiality Training Edu Tek acknowledges that federal and state laws protect the confidentiality of personally identifiable information of the District’s students as well as its teachers and principals. Edu Tek represents and warrants that any officers, directors, employees or agents of Edu Tek, who will have access to student, teacher and/or principal data of the District, have received or will receive training on the federal and state laws governing confidentiality of such data prior to obtaining access to such data. Compliance with Law/Fingerprinting Edu Tek shall comply, at its own cost and expense, with all applicable Federal, State and local statutes, rules, regulations and ordinances including, but not limited to, the New York State Safe Schools Against Violence in Education (SAVE) legislation, the Federal Family Educational Rights and Privacy Act (“FERPA”) and Section 2-d of the New York State Education Law (which concerns privacy and security of student, teacher and principal data). Edu Tek shall adhere to all requirements and protocols as established by the District and the New York State Education Department applicable to the services to be provided under this Agreement. Edu Tek also acknowledges and agrees that its officers, directors and employees performing on-site services for the District under this Agreement are subject to fingerprinting and a criminal history record check as required by the SAVE legislation and other sections of the Education Law of the State of New York. Appropriate written proof of such clearance shall be provided to the District prior to such individuals providing services to the District. Edu Tek agrees to cooperate with the District and to complete any and all necessary forms or procedures to obtain required fingerprinting and criminal history checks, all at no additional cost or expense to the District. In the event that Edu Tek utilizes an individual who is required to and who has not obtained fingerprinting clearance with the New York State Education Department, the District shall have the right to immediately terminate this Agreement. a. Contractor shall obtain and maintain any necessary permits, licenses, registration and/or approvals of governmental authorities that are applicable to the services to be provided pursuant to this Agreement; those required by the New York State Department of Education, the Board of Education and/or the School District. b. In addition, Contractor shall comply with any of the School District’s written safety policies, codes or regulations that are generally applicable to visitors and contractors entering School District grounds. c. Contractor shall adhere to all requirements, protocols, policies and regulations of the School District or the New York State Education Department (including but not limited to the Commissioner of Education) applicable to the services to be provided hereunder. Educational Technology Consultants for Voice, Video & Data 8 ADDITIONAL REQUIREMENTS • The District will provide the necessary hardware and/or software to access the necessary systems in a safe and secure manner in accord with the District’s existing cybersecurity program. • The District will provide Edu Tek with all necessary rights/passwords to administer the entire systems necessary. • The District will maintain warrantees and support contracts with manufacturers and software vendors when deemed by the District in its best interests to do so. • The District will not be responsible for any employee benefits for Edu Tek employees. • Edu Tek will not have responsibility for the purchase of IT equipment or software on behalf the District. • Should this Agreement be terminated, the District agrees that it is precluded from employing individuals, who the District knows to be current or former Edu Tek employees directly or through competing firms for the duration of the project or within twenty-four (24) months of the date of termination of this Agreement, whichever is longer. • If a project requires either weekend and/or after-hours attention services shall not be rendered unless additional compensation is agreed upon in writing by both parties (i.e. a fixed fee or agreement on the applicable hourly service rates) for the service. Edu Tek will be reimbursed for all approved overtime expenses that are mutually acceptable and agreed to in writing, either monetarily or by credit for time on site upon submission of detailed invoices and prior written approval by the District. • This Agreement may be terminated by District or Edu Tek for convenience upon thirty (30) days’ written notice to the other party. In the event of such termination, the parties will adjust the accounts due and payable to Edu Tek for services rendered through the effective date of termination. Edu Tek will not be required to perform any Services or incur any additional expenses after the date of termination. Upon receipt of notification that Edu Tek’s services have been terminated, the parties shall endeavor in an orderly manner to wind down activities hereunder. • Impacts to Edu Tek’s services resulting from changes to the District’s IT environment, including quality, complexity, schedule, volume/demand, staffing, or budget, will be discussed by the Parties. • Using certain categories, the Director of Technology will rate the quality of the services performed by Edu Tek under this agreement. • The categories of significance to be considered are: a. Daily contact with the Director of Technology and Innovation or his/her designee. b. Timeliness and attendance. c. Cooperation in scheduling and performing services d. Proposer’s ability to work with staff to complete data submissions on time. e. Appropriate professional appearance and demeanor. Educational Technology Consultants for Voice, Video & Data 9 f. Cooperation and coordination in timing the services and with the District’s educational schedules. g. Promptness and completeness of submission of invoice in accordance with specifications. h. Adequacy of staff, skills and certifications i. Technology and integration competency j. Additional costs incurred by the District k. Overall service experience • Any inadequacies in these areas will be brought to the attention of Edu Tek. If, in the opinion of the Board of Education, Edu Tek fails to correct inadequate service within ten (10) days of being notified of inadequate service, the awarded contract may be terminated. • This Agreement may be terminated for cause by the District in the event of a breach of this Agreement by Edu Tek, not less than ten (10) business days’ prior written notice from the District to Edu Tek, unless a shorter period of time is specifically provided for elsewhere in this Agreement. Edu Tek shall continue to honor its obligations under this Agreement until the effective date(s) of termination and the District shall pay Edu Tek for services rendered in compliance with the contract until the effective date of termination. • Upon any termination, the parties shall endeavor in an orderly manner to wind down activities under this Agreement and Edu Tek shall not be entitled to any additional payments, whether on account of lost profits or otherwise. • The District will make remote access to necessary systems available during normal working hours to Edu Tek’s staff all weekdays unless on a holiday. This includes school vacation periods. INSURANCE AND INDEMNIFICATION a. Notwithstanding any terms, conditions or provisions, in any other writing between the parties, Edu Tek hereby agrees to effectuate the naming of District as an additional insured on Edu Tek’s commercial general liability and excess liability insurance policies. If the policy is written on a claims-made basis, the retroactive date must precede the date of the contract. b. Each policy naming District as an additional insured shall: i. be an insurance policy from an A.M. Best rated "A" insurer, licensed in New York State to issue the kind of insurance issued to Edu Tek and authorized to conduct business in New York State. The decision to accept specific insurers lies exclusively with the District ii. state that Edu Tek’s coverage shall be primary and non-contributory coverage for District, its Board of Education, officers, employees and volunteers. Educational Technology Consultants for Voice, Video & Data 10 c. District shall be listed as an additional insured by using endorsement CG 20 10 11 85 or equivalent. Examples of equivalent ISO additional insured endorsements include using both CG 20 33 10 01 and CG 20 37 10 01 together. The decision to accept an alternative endorsement rests solely with District. A completed copy of the endorsement must be attached to the certificate of insurance. d. The certificate of insurance must describe the specific services provided by Edu Tek that are covered by the liability policies. e. At District request, Edu Tek shall provide a copy of the declaration page of the liability and umbrella policies with a list of endorsements and forms. If so requested, Edu Tek will provide a copy of the policy endorsements and forms. f. Edu Tek agrees to indemnify District for any applicable deductibles and self-insured retentions. g. Edu Tek, at its sole cost and expense, shall maintain without interruption the following insurance throughout the term of the awarded contract, including any annual extension of the contract, the following types and amounts of insurance: i. Commercial General Liability Insurance: $1,000,000 per occurrence/ $2,000,000 aggregate with coverage for sexual misconduct. ii. Automobile Liability: $1,000,000 combined single limit for owned, hired, borrowed and non- owned motor vehicles. iii. Workers' Compensation, Employers’ Liability/N.Y.S. Disability/N.Y.S. Paid Family Leave: Statutory Workers' Compensation, Employers' Liability and N.Y.S. Disability Benefits/N.Y.S. Paid Family Leave Insurance for all employees. Proof of coverage must be on the approved specific form, as required by the New York State Workers’ Compensation Board. ACORD certificates are not acceptable. A self-employed person and certain partners and corporate officers are excluded from the definition of “employee” pursuant to Workers’ Compensation Law Section 2 (4). As such, individuals in such capacity are excluded from Workers’ Compensation Law coverage requirements. A person seeking an exemption must file a CE-200 form with the state. The form can be completed and submitted directly to the WC Board online. Educational Technology Consultants for Voice, Video & Data 11 iv. Professional Errors and Omissions Insurance: $2,000,000 per occurrence/ $2,000,000 aggregate for the professional acts of Edu Tek performed under the contract for District. If written on a “claims-made” basis, the retroactive date must pre-date the inception of the contract or agreement. Coverage shall remain in effect for two years following the completion of work. v. Umbrella/Excess Insurance: $3,000,000 each occurrence and aggregate. Umbrella/Excess coverage shall be on a follow-form basis over the required General Liability and Professional Liability coverage. h. Edu Tek acknowledges that failure to obtain such insurance on behalf of District constitutes a material breach of contract. Edu Tek is to provide District with a certificate of insurance, evidencing the above requirements have been met, prior to the commencement of work or use of facilities. The failure of District to object to the contents of the certificate or the absence of same shall not be deemed a waiver of any and all rights held by District. i. District is a member/owner of the NY Schools Insurance Reciprocal (NYSIR). Edu Tek further acknowledges that the procurement of such insurance as required herein is intended to benefit not only District but also NYSIR, as District’s insurer. j. Edu Tek will be responsible for any applicable deductibles and self-insured retentions required by Edu Tek’s insurance policies. k. Edu Tek hereby agrees to the maximum extent permitted by law, to indemnify, hold harmless and protect the District and the District's Board of Education, officers, employees, students and volunteers against any and all claims, loss, liability, damage, costs and expenses, including reasonable attorney's fees, which the District or the District's Board of Education, officers, employees, students and volunteers may directly or indirectly incur, suffer or be required to pay by reason of or in consequence of the negligence, fault, actions or omissions of Edu Tek, its agents, consultants, employees or representatives, in whole or in part. This Section shall survive termination or expiration of the awarded contract. SERVICES NOT INCLUDED The following services are not included in proposed basic services, except as authorized in writing by the District as an additional service at rates agreed upon in advance. ● General LAN/WAN support services ● Troubleshooting connectivity issues ● Software development Educational Technology Consultants for Voice, Video & Data 12 SCHEDULE Project Commencement Services under this Agreement shall commence on July 1, 2026. Daily & Weekly Engineers’ will be available from 8:00 am until 4:30 pm and they will receive one-half (½) hour for lunch unless another mutually agreeable schedule is approved in writing. Services under this Agreement shall not exceed forty (40) hours per week, except as approved in writing at the rates set forth herein in the Additional Services Matrix. Service Closures Edu Tek services will not be available on the following days: • Labor Day • Columbus Day • Veteran’s Day • Thanksgiving Day and the Friday after Thanksgiving Day • December 24 • Christmas Day • December 31 • New Year’s Day • Martin Luther King Day • President’s Day • Good Friday • Memorial Day • Independence Day • Juneteenth Educational Technology Consultants for Voice, Video & Data 13 MISCELLANEOUS TERMS AND CONDITIONS No Assignment Edu Tek may not assign, transfer or convey any of its respective rights or obligations under this Agreement or subcontract any portion of the services set forth herein, without the prior written consent of the District, which consent may be withheld for any reason whatsoever or for no reason. Cooperation in the Event of Litigation In the event that any claim, demand, suit or other legal proceeding arising out of any matter relating to this Agreement is made or instituted by any person against the District, , Edu Tek shall, at its own cost and expense, provide the District with all reasonable information and assistance in the defense or other disposition thereof. Notices Any and all notices, demands or other communications required or desired to be given hereunder by either party shall be in writing and shall be validly given or made to the other party if personally served or if deposited in the United States mail, certified or registered, postage prepaid, return receipt requested and addressed to the party, as set forth above. Notice may be given by a party or a party’s officers, directors, attorneys or agents. If such notice, demand or other communication is served personally, it shall be effective immediately. If such notice, demand or other communication is given by mail, the same shall be effective when received, but in any event, it shall be effective no later than five (5) days after deposit in the United States mail addressed to the party to whom such notice, demand or other communication is to be given, at the address set forth below. Either party hereto may change its address for purposes of this paragraph by written notice given in the manner provided above. Notice to Edu Tek: Edu Tek Ltd. Attn: Matthew Orifici President 99 Fulton Street White Plains, NY 10606 Notice to the District: Croton-Harmon UFSD Attn: Educational Technology Consultants for Voice, Video & Data 14 No Waiver of Default No failure by either party to insist upon the strict performance of any term, covenant, agreement or provision of this Agreement or to exercise any right or remedy upon a breach thereof, and no acceptance by the District of any services during the continuance of any such breach, shall constitute a waiver of any such breach or of any such term, covenant, agreement or provision. Modification or Amendment No amendment, change or modification of this Agreement shall be valid unless in writing, signed by both parties hereto. Entire Understanding This Agreement constitutes the entire understanding and agreement between the parties and any and all prior agreements, commitments, understandings and representations are merged herein and are of no further force and effect. Governing Law This Agreement shall be governed by, and interpreted and enforced in accordance with, the laws of the State of New York without regard to conflicts or choice of law provisions that would defer to the substantive laws of another jurisdiction. Each of the parties hereto consents to the jurisdiction of any state court located within the County of Westchester, State of New York, or federal court located in the County of Westchester, State of New York, and irrevocably agrees that all actions or proceedings relating to this Agreement must be litigated in such courts, and each of the parties waives any objection which it may have based on improper venue or forum non conveniens to the conduct of and proceeding in any such court. Construction This Agreement has been arrived at mutually and is not to be construed against any party hereto as being the drafter hereof or causing the same to be drafted. Educational Technology Consultants for Voice, Video & Data 15 COMPENSATION Based on the SCOPE OF SERVICES and PROPOSAL ASSUMPTIONS described above, the parties agree to the following fee: Item Proposed Fee Remote Data Services available up to 40 hrs/week $ 9,753.75 Total/Month $ 117,045.00 Total/Year (annualized) Hourly Fee for Additional Services (Per Hour) See Pricing Matrix The District reserves the right to pro rate the above-compensation for any period of time, when Edu Tek does not provide the District with the services outlined in this contract. The above compensation is inclusive of any and all of the expenses incurred by Edu Tek in performing the above-described services for the District, including, without limitation, for such things as travel, copying expenses, postage, facsimile and telephone charges, mobile/cellular telephone service charges. The above compensation also is inclusive of any fees, fines, licenses, certificates, certifications, bonds or taxes required of or imposed against Edu Tek or its officers, directors or employees or agents in connection with the performance of the above-described services. • Edu Tek will invoice the District monthly for the portion of the fee due and any agreed to reimbursable expenses incurred in the preceding month. Edu Tek will include supporting data as may be required by the District. The District shall give Edu Tek notice of any invoice dispute within twenty (20) days of its receipt of the invoice and reserves the right to reasonably withhold payment of disputed sums pending the resolution of this dispute. The District will work with Edu Tek to resolve any disputed sums within a reasonable period of time. Failure to dispute any invoice shall not be deemed as an acceptance and does not act as a waiver of the District’s rights or prevent the District from availing itself of any remedy or course of action it has at law or in equity at a later date. Payment will be made within thirty (30) days of receipt of the invoice by the District. • The District shall have the right to examine any and all accounting records of Edu Tek, its officers, directors, employees and/or agents as they pertain to the services provided pursuant to this Agreement. • Edu Tek’s acceptance of the final payment shall constitute a full and complete satisfaction of this Agreement and release the District from any and all claims, demands, and causes of action whatsoever, which Edu Tek, its successor have or may have against the District under this Agreement. Educational Technology Consultants for Voice, Video & Data 16 Additional Services Edu Tek shall be compensated for additional services, weekend, or holiday support, by the District at the hourly rates set forth below for the following: List Price Matrices(Reflects price before 5% Tips Discount): On-Site Support Positions On-Site Staff Role Hourly Hourly (Special) Full Time/Yr Support Engineer Level 1 $125.00 $187.50 $135,201.08 Support Engineer Level 2 $137.06 $205.59 $148,246.80 Support Engineer Level 3 $144.74 $217.11 $156,548.62 Network Engineer Level 1 - - $177,896.16 Network Engineer Level 2 - - $195,685.78 Network Engineer Level 3 - - $219,405.26 Data Engineer Level 1 - - $136,387.06 Data Engineer Level 2 - - $160,106.54 Technology Services Coordinator - - $195,685.78 Sr. Technology Services Coordinator - - $249,054.62 Event Coverage Solutions Team Services Service Onsite First Hour Onsite Additional Hours Remote Support Per Half Hour Weekdays Afterhours & Saturday Sundays & Holidays Solutions Engineer (IT) IT systems support & troubleshooting $385.00 $190.00 $85.00 Regular Rate x 1.5 Regular Rate x 2 Solutions Engineer (SEC) IT systems support & troubleshooting $370.00 $180.00 $80.00 Regular Rate x 1.5 Regular Rate x 2 Solutions Engineer (AV) Audio Video, Security, & Platform Integration support & troubleshooting $400.00 $200.00 $90.00 Regular Rate x 1.5 Regular Rate x 2 Solutions Installer Lead Physical cabling, mounting and installation of equipment $325.00 $150.00 - Regular Rate x 1.5 Regular Rate x 2 Solutions Installer Assistant1 Physical cabling, mounting and installation of equipment $135.00 $135.00 - Regular Rate x 1.5 Regular Rate x 2 Technology Services Coordinator Project management, budgeting and road mapping services $360.00 $225.00 $90.00 Regular Rate x 1.5 Regular Rate x 2 1 Must accompany a Solutions Installer Lead Unit Based Services Description Unit Cost Event Coverage An Edutek technician can provide on-site coverage outside of regular working hours, including board meetings, SAT weekend sessions, community events, and more. This service is available in 4-hour blocks per technician. $369.00 Educational Technology Consultants for Voice, Video & Data 17 Remote Data Services Weekly Hours Annual Rate 40.00h $161,789.47 24.00h $139,473.68 16.00h $96,236.84 8.00h $69,736.84 Educational Technology Consultants for Voice, Video & Data 18 AGREEMENT The undersigned representative of Edu Tek hereby represents and warrants that the undersigned is the owner or an officer, director, or agent of Edu Tek with full legal rights, power and authority to enter into this Agreement on behalf of Edu Tek and to bind Edu Tek with respect to the obligations enforceable against Edu Tek in accordance with its terms. If this proposal is acceptable, please sign one copy and return it to us for our files. It will serve as a contract between us for the above-described services. Thank you for considering Edu Tek Limited for the above-described services. We look forward to continuing our productive relationship with Croton-Harmon UFSD as we work together to support your educational technology. Sincerely, Matthew J. Orifici President Edu Tek Ltd. ACCEPTED: Croton-Harmon UFSD BY: _______________________________ TITLE: _______________________________ DATE: _______________________________