Documents › Board of Education, 2026-06-11

agreement 22 pages

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

RRRRRRCONSULTANT AGREEMENT For Onsite Information Technology (IT) 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 Information Technology (IT) services at each school operated by the District (collectively referred to herein as the Sites). This Agreement shall start on July 1, 2026 and end on June 30, 2027, unless terminated sooner in accordance with the provisions of this Agreement. Edu Tek will support the District’s Local Area Networks (LAN’s) and Wide Area Network (WAN’s). This service includes support for all operating systems currently in use at all Sites. The IT support described will be performed by: • 1.6 On-site Support Engineer Level 2 • 1.0 On-site Network Engineer Level 2 The onsite team is supported by a Technology Services Coordinator (TSC) and/or an Operations Manager (OM) who is also a top-tier engineer. The assigned TSC will provide executive level support to the Director of Technology to ensure issues are resolved quickly and any necessary resources are assigned to service the needs of the District. The TSC is available as needed and will be provided to the extent necessary to support the Scope of Services outlined below. Educational Technology Consultants for Voice, Video & Data 3 SCOPE OF SERVICES The scope of services contained in this agreement includes but is not limited to the following to the extent of the allocated staffing and associated skills: Technology Management • Make recommendations in the development of the District technology plan. • Assist when requested in budget development by providing analysis of District’s networking needs and recommending hardware and network software to align with District needs and goals. • Develop criteria and attend to details of the annual technology deployment plan. • Meet with the District’s data consultant teams to discuss technology requirements for District participation in data warehousing. • Assist in developing, implementing and supporting solutions as per the District Technology Plan for NIST/WISP/CSOP/SAN/Disaster Recovery Systems, alternative email solutions and compliance with NYS electronic records retention policies. • Support technology needs of Board of Education meetings. (After hours support of meetings and/or events may be provided with District approval and will be invoiced in accordance with the Additional Services fees outlined later in this contract) Inventory Management The assigned Edu Tek staff will update the inventory of the District’s technology equipment during the term of the Agreement in accordance with the District’s inventory procedures. While Edu Tek’s team will make updates to and manage the inventory as set forth in this Agreement to provide assistance for asset management and the maintenance of an accurate inventory, Edu Tek will not be responsible for the use of equipment by the District’s personnel and students. System Support & Maintenance • Install and support computer equipment, including computing devices (e.g. desktops, Chromebooks, laptops) and tablets, utilized by the District’s students and employees. • Troubleshoot computer hardware issues. • Maintain current device image library for machine duplication or utilize Microsoft SCCM/InTune. • Install and configure printers and connect them to print servers and applicable print management tools. • Troubleshoot printing issues. • Install and configure ancillary computer hardware (i.e. printers, scanners, keyboards, mice, probes, and similar devices used by the District). • Provide basic software support and troubleshooting for desktop, laptop, Chromebook and tablet software applications. • Interface with vendors to address warranty issues for hardware and software. Networking Management • Administer Microsoft Active Directory. • Manage Google Apps/Microsoft Office 365 platforms. Educational Technology Consultants for Voice, Video & Data 4 • Set up and manage user accounts and passwords. • Perform annual network migration of student’s data from building to building and between grades. • Manage security policies (i.e. Student, Teacher & Administrative) including but not limited to: granting permissions to necessary applications and tools, align user with appropriate group identification (staff, student (grade-based), administrative/office, etc). • Configure and maintain all servers, backup systems, and SANs. • Configure and maintain routers and switches. • Configure and maintain wireless networking platforms. • Configure and maintain firewall(s). • Manage internet filtering requests. Physical Security Systems Management • Troubleshooting device related issues. • Maintaining network recorders and ensuring available system updates are applied in a timely fashion. • Maintaining integration with IT systems including desktop software, IP routing of camera traffic and communication with door access panels and controllers. • Replacing damaged/broken equipment using district purchased replacement hardware. (Necessary new cable runs and/or new hardware will be quoted to the district prior to commencement of work.) • Maintain inventory of equipment and systems. • Provide roadmap and recommendations for future deployments and features. VoIP System Support • Regular maintenance and assigning of extensions. • Monitoring system usage and assessing the number of required phone lines. • Arranging for adding, removing and upgrading related equipment. Cybersecurity Compliance Documentation • Configure and maintain Antivirus/EDR/XDR platforms. • Edu Tek engineers may be used to assist in the development and maintenance of the following: • Network policy and procedures manual (NIST CSF) • Data analysis and risk assessment • System inventory • Network diagrams and configurations 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 Educational Technology Consultants for Voice, Video & Data 5 above-described services for the District. Educational Technology Consultants for Voice, Video & Data 6 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. Edu Tek shall be responsible 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: 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: Educational Technology Consultants for Voice, Video & Data 7 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 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. Educational Technology Consultants for Voice, Video & Data 8 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 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 Educational Technology Consultants for Voice, Video & Data 9 has not obtained fingerprinting clearance with the New York State Education Department, the District shall have the right to immediately terminate this Agreement. Educational Technology Consultants for Voice, Video & Data 10 PROPOSAL ASSUMPTIONS • The District will provide the necessary hardware and/or software to make repairs to computer equipment. • The District will provide Edu Tek with all necessary rights/passwords to administer the entire District’s network. • The District will maintain warrantees with manufacturers where possible. • The District will provide sufficient stock of replacement hardware to prevent excessive downtime. • 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. • The District designates the Superintendent of Schools as its representative, who is authorized to act on the District’s behalf with respect to this Agreement. • 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 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. • 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 five (5) 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. • The District may request a change of staffing or removal of staffing at any time and Edu Tek will provide replacement staff as soon as possible. In the event that the District requests that one of the current Edu Tek Engineers be removed immediately for conduct including but not limited to theft, inappropriate contact with a student or staff member, dereliction of duties, said Edu Tek Engineer will be removed immediately and Edu Tek agrees to provide back-up support while it seeks a replacement. The District reserves the right to pro rate Edu Tek’s compensation for any period of time, other than the agreed to Educational Technology Consultants for Voice, Video & Data 11 Discretionary Time, when the District is not provided with the staffing levels specified in this contract. • The District will make the worksite available during normal working hours to Edu Tek’s onsite staff all weekdays unless on a holiday. This includes school vacation periods when custodial staff is already scheduled to work. Any other requests for the worksite to be available need the express permission of the Assistant Superintendent of Business as custodial staff need to be arranged to have the building open for the Edu Tek team. Educational Technology Consultants for Voice, Video & Data 12 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. The policy naming District as an additional insured shall: i. be an insurance policy from an A.M. Best rated "Secure" insurer, licensed in New York State. ii. state that Edu Tek’s coverage shall be primary and non-contributory coverage for District, its Board, employees and volunteers. c. District shall be listed as an additional insured by using endorsement CG 2026 or equivalent. 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. Required 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. Educational Technology Consultants for Voice, Video & Data 13 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. 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 defend, indemnify and hold harmless the Croton-Harmon UFSD District and its Board, employees and volunteers from and against any and all liability, loss, damage, claim or action (including reasonable costs and attorneys’ fees) including but not limited to bodily injury and property damage, to the extent permissible by law, arising out of operations performed or services provided by Edu Tek under this Agreement. Educational Technology Consultants for Voice, Video & Data 14 SERVICES NOT INCLUDED The following services are not included in the proposed basic services. These services can be provided as an additional service when authorized, in writing, by the District. The services of a licensed electrical contractor are not included in our services. The District will continue to obtain the following services from a third-party provider and thus they would not be a part of Edu Tek’s base service: Internet Service General Software Training Educational Technology Consultants for Voice, Video & Data 15 SCHEDULE Project Commencement This Agreement shall start on 7/1/2026 and end on 6/30/2027, unless terminated sooner in accordance with the provisions of this Agreement. Daily & Weekly Edu Tek will provide: • 1.6 On-site Support Engineer Level 2 • 1.0 On-site Network Engineer Level 2 The Engineers’ schedule will be from 8:00 am until 4:30 pm and they will receive ½ hour for lunch unless another mutually agreeable schedule is determined. Educational Technology Consultants for Voice, Video & Data 16 Discretionary Time For each full-time Edu Tek staff position held in the District, Edu Tek will receive twelve (12) days of discretionary time in addition to the holidays listed below. This time will be used to fill employee vacation and sickness requests. The time may also be used to provide training to onsite staff or to perform tasks not related to the District. Notice regarding the use of discretionary time in excess of two (2) days in duration will be discussed with the District at least two-weeks prior to commencement. Edu Tek will be responsible for providing additional staff if more than one third of their assigned staff members are absent on the same day for more than a one-day period. In the event that Edu Tek is required to provide services on the following holidays, Edu Tek will be compensated for such work as an additional service in accordance with the hourly rate schedule set forth below: • Labor Day • Thanksgiving Day and Friday after • Christmas Day • New Year’s Day • Memorial Day • Independence Day Emergency Closures Site closures due to emergencies including snow do not count against allotted discretionary time. If the District Office is open on such days, Edu Tek employees are expected to be present at work. If remote access is available staff will perform any possible duties during their normal hours. If the District Office is closed, Edu Tek must be available remotely to the District’s administrative and building level administrative staff. In the event of an IT emergency every effort will be made to provide staff onsite to address outages requiring physical interaction with the on-premise equipment. Edu Tek will coordinate with the District’s facilities representatives to ensure access to the site is possible. Educational Technology Consultants for Voice, Video & Data 17 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: Ms. Denise Cohen Assistant Superintendent for Business 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 Educational Technology Consultants for Voice, Video & Data 18 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 19 COMPENSATION Based on the SCOPE OF SERVICES and PROPOSAL ASSUMPTIONS described above, the parties agree to the following fee: Item Proposed Fee On Site for 12-months $ 30,600.00 Total/Month $ 367,200.00 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, other than the agreed to Discretionary 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 20 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 21 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 22 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: _______________________________