ECC Board of Trustees

Executive Summary

Date: May 28, 2015

Subcommittee: Academic Affairs

Agenda Item: Affiliation Agreements between the ECC Paralegal Studies AAS Degree and Human Services Certificate Programs with Erie County Department of Social Services

This item is for: For Board's Approval Backup Documentation: Attached to this document

Background Information:

The ECC Paralegal Studies AAS Degree and Human Services Certificate Programs are each recommending an Affiliation Agreement for Internships with Erie County Department of Social Services. These agreements for August 1, 2015 through July 31, 2016 will provide students with needed competencies and standards of proficiency required for program completion.

Reasons for Recommendation:

To provide students access to required experience and training directly related to the successful completion of the curricula.

Fiscal Implications:

Required courses for student graduation.

Consequences of Negative Action:

Students would not have access to required learning experiences.

Steps Following Approval:

Review and approval by the Executive Vice President of Legal Affairs.

Contact Information If Any Questions:

Richard C. Washousky, Executive Vice President of Academic Affairs, North Campus Phone: (716) 851-1500 / E-Mail: washousky@ecc.edu

""""""""""""'"""""'''"'''"_, _______________ _

'AA 3941

AFFILIATION AGREEMENT BETWEEN THE ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES AND

ERIE COMMUNITY COLLEGE

This Agreement is made by and between the County of Erie through the Erie County

Department of Social Services, with its principal office located at 95 Frank.Jin Street. Buffalo.

New York 14202 (hereinafter referred to as "the Department") and Erie Community College

with its principal office located at City Campus, 121 Ellicott Street, Buffalo, New York 14203

(hereinafter referred to as "University").

WHEREAS, the University desires to have an association with the Department for the

purpose of carrying out the said educational program in the discipline of Paralegal Studies.

NOW, THEREFORE, it is agreed that:

1. The University shall assume full responsibility for planning and executing its educational

program in the discipline of Paralegal Studies including programming, administration, curriculum

content, faculty appointments, faculty administration and the requirements for matriculation,

promotion and graduation and shall bear all costs and expenses in connection therewith.

The University further agrees to coordinate the program with a designee of the Department.

2. The University shall be responsible for assigning students to the program for practical

experience. The University shall notify the Department one {I) month in advance of the planned

schedule of student assignments to practical duties including the dates, number of students and

instructors. The schedule shall be subject to written approval by the Department.

3. The University at its sole expense and cost shall provide faculty as may be required for the

teaching and supervision of students assigned to the program for practical experience.

4. The University agrees that at all times students and faculty are subject to the supervision

of the Department administration and the University shall inform both students and faculty that they

must comply with all applicable rules and insofar as they may pertain to the activities of both while

at the Department's facility, and failure to comply shall constitute a cause for terminating such

1

AA 3941

student's assignment to or faculty member's relationship with the Department. The Department will

provide copies of all policies and procedures to the students and faculty members.

S. The students and faculty agree to safeguard the confidentiality of all information utilized

by or in the possession of the student under this agreement where such information is subject to

Federal and State confidentiality statutes and regulations. Any breach of confidentiality by the

student or faculty, their agents or representatives pursuant to said statutes or regulations shall be

cause for immediate termination of this agreement

6. The Department may terminate any student's assignment from the program if the

student's conduct disrupts the orderly operation of the program, threatens the health and safety of

individuals, or other reasons which, in the Department's reasonable judgment and to the extent

allowed by law, cause the continued presence of a student in the program not to be in the best interest

of the Department. Any such action will be reported to the University orally and in writing.

1. The Department, as it deems necessary and proper, shall make available appropriate

facilities for student experience, including the necessary equipment and supplies, consistent with

current policies in regard to availability. The Department shall also provide orientation for the

University faculty and students.

9. Any student, instructor or faculty member shall not for any purpose be deemed to be an

employee, servant or agent of the Department.

10. The University agrees to defend, at its sole expense, any and all claims, demands or

causes of action directly or indirectly arising out of this agreement and to bear all other costs and

expenses related thereto.

11. The University agrees to procure and to maintain in force, for the duration of this

agreement, such insurance naming the County of Erie as an additional insured, as is determined

appropriate by the department for the purpose of this agreement Such coverage must be identified

and entered upon the County Standard Insurance Certificate or its acceptable substitute and signed by

the University's insurance company, agent or broker, which shall be subject to approval by the

County Department of Law and upon approval shall be attached and become a part of. The students

and faculty agree that they will not hold themselves out as, or claim to be, officers or employees of

2

AA 3941

the department, agency or unit thereof, and that they will not by reason thereof, make any claim,

demand or application to or for any right or privilege applicable to an officer or employee of the

department, including but not limited to Worker's Compensation coverage or retirement membership

or credits.

12. The University, faculty and student shall indemnify and hold harmless the Department,

their officers, employees and agents from and against any and all liability, damage, claims, demands,

costs, judgments, fees, attorney's fees or loss arising directly or indirectly out of the performance or

failure to perform hereunder and to provide defense for part of this agreement.

13. The term of this Agreement shall commence on Au101st 1. 2015 and shall terminate on July 31.2016, unless terminated earlier by either party giving at least thirty {30) days written notice to the other.

14. For purposes of written notification:

Revised 4/IS

To the University: ~Executive Vice President of Legal Affairs

Erie Community College - South Campus

4041 Southwestern Boulevard

Orchard Park, NY 14127

To the Department:

Robert Frank. Director HRD

43 Court Street. 3nt Floor

Buffalo. New York 14202

Executive Vice President of Academic Affairs

Erie Community College - North Campus

6205 Main Street

Williamsville, NY 14221

3

AA 3941

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth

below:

APPROVED AS TO CONTENT

ECDSS Program Area

DATE: ______ _

APPROVED AS TO FORM ECDSS Office of Counsel

BY: _______ _

DATE: _______ _

FOR THE CONTRACTOR: ________________________ __

STATE OF NEW YORK) s.s. COUNTY OF ERIE )

T"LE:~----------------DATE:+::.;... _____ _

.lt On this day of 201 , before me personally came _______ _,to me known, who, being duly swom, did depose and say that (s)he resides In

----------~---~~; that (s)he Ia an (the) ~---~~~~-~·of the corporation described In and which executed the foregoing !:::t. .. ..:m:r.t; t."".:t (a)ha knaw tha &iiiil of &aid eor.,oratloni that the iieai affixed to aaia instrument was such corporate seal; that It was affixed by order of the Board of Directors of said corporation; and that (s)he signed (her) his name thereto by like order.

-fNOTARY PUBLIC

My Commission expires~----·

FOR THE DEPARTMENT: COMMISSIONER

DATE: _____ _

FOR THE COUNTY OF ERIE: MARK POLONCARZ/ County Executive/Deputy County Executive

DATE: _____ _

4

IN WITNESS WHEREOF, the parties have caused the agreement on the preceding pages to be executed by their duly authorized representatives as of the date first above written.

A ffi I i ate: Erie County Department of Social Services Affiliation 3941 for Paralegal Studies

Signature

Printed Name

Title

Date

A~}Hoved as tp Content:

/t~-.A {~ . .,/~ s , Executive Vice President for Academic Affairs, Erie Community College

Date

Jack Quinn, President, Erie Community College

Date

STATE OF NEW YORK COUNTY OF ERIE On the day of before me personally came Jack Quinn, to me known to be the individual described in, and who, executed, the foregoing instrument and acknowledge that he executed the same.

Notary Public

Approved as to Form:

Kristin Klein Wheaton, Executive Vice President for Legal Affairs, Erie Community College

Date Document No. ________________________ __

AA 3942

AFFILIATION AGREEMENT BETWEEN THE ERlE COUNTY DEPARTMENT OF SOCIAL SERVICES AND

ERlE COMMUNITY COLLEGE

This Agreement is made by and between the County of Erie through the Erie County

Department of Social Services, with its principal office located at 95 Franklin Street. Buffalo,

New York 14202 (hereinafter referred to as "the Department") and Erie Community College

with its principal office located at North Office, Room K-109, 6205 Main Street,

Williamsville, New York 14221 (hereinafter referred to as "University").

WHEREAS, the University desires to have an association with the Department for the

purpose of carrying out the said educational program in the discipline of Human Services.

NOW, THEREFORE, it is agreed that:

1. The University shall assume full responsibility for planning and executing its educational

program in the discipline of Human Services including programming, administration, curriculum

content, faculty appointments, faculty administration and the requirements for matriculation,

promotion and graduation and shall bear all costs and expenses in connection therewith.

The University further agrees to coordinate the program with a designee of the Department.

2. The University shall be responsible for assigning students to the program for practical

experience. The University shall notify the Department one (1) month in advance of the planned

schedule of student assignments to practical duties including the dates, number of students and

instructors. The schedule shall be subject to written approval by the Department.

3. The University at its sole expense and cost shall provide faculty as may be required for the

teaching and supervision of students assigned to the program for practical experience.

4. The University agrees that at all times students and faculty are subject to the supervision

of the Department administration and the University shall inform both students and faculty that they

must comply with all applicable rules and insofar as they may pertain to the activities of both while

at the Department's facility, and failure to comply shall constitute a cause for terminating such

1

AA 3942

student's assignment to or faculty member's relationship with the Department. The Department will

provide copies of all policies and procedures to the students and faculty members.

5. The students and faculty agree to safeguard the confidentiality of all information utilized

by or in the possession of the student under this agreement where such information is subject to

Federal and State confidentiality statutes and regulations. Any breach of confidentiality by the

student or faculty, their agents or representatives pursuant to said statutes or regulations shail be

cause for immediate termination of this agreement.

6. The Department may terminate any student's assignment from the program if the

student's conduct disrupts the orderly operation of the program, threatens the health and safety of

individuals, or other reasons which, in the Department's reasonable judgment and to the extent

allowed by law, cause the continued presence of a student in the program not to be in the best interest

of the Department. Any such action will be reported to the University orally and in writing.

7. The Department, as it deems necessary and proper, shall make available appropriate

facilities for student experience, including the necessary equipment and supplies, consistent with

current policies in regard to availability. The Department shall also provide orientation for the

University faculty and students.

8. The Department shall have no responsibility for the transportation of faculty and students.

9. Any student, instructor or faculty member shall not for any purpose be deemed to be an

employee, servant or agent of the Department.

10. The University agrees to defend, at its sole expense, any and all claims, demands or

causes of action directly or indirectly arising out of this agreement and to bear all other costs and

expenses related thereto.

11. The University agrees to procure and to maintain in force, for the duration of this

agreement, such insurance naming the County of Erie as an additional insured, as is determined

appropriate by the department for the purpose of this agreement. Such coverage must be identified

and entered upon the County Standard Insurance Certificate or its acceptable substitute and signed by

the University's insurance company, agent or broker, which shall be subject to approval by the

County Department of Law and upon approval shall be attached and become a part of. The students

and faculty agree that they will not hold themselves out as, or claim to be, officers or employees of

2

AA 3942

the department, agency or unit thereof, and that they will not by reason thereof, make any claim,

demand or application to or for any right or privilege applicable to an officer or employee of the

department, including but not limited to Worker's Compensation coverage or retirement membership

or credits ..

12. The University, faculty and student shall indemnify and hold harmless the Department,

their officers, employees and agents from and against any and all liability, damage, claims, demands,

costs, judgments, fees, attorney's fees or loss arising directly or indirectly out of the performance or

failure to perform hereunder and to provide defense for part of this agreement.

13. The term of this Agreement shall commence on August 1. 2015 and shall terminate on July 31, 2016, unless terminated earlier by either party giving at least thirty (30) days written notice to the other.

14. For purposes of written notification:

Revised 4/15

To the University:

'-/-Executive Vice President of Legal Affairs

Erie Community College - South

4041 Southwestern Boulevard

Orchard Park, NY 14127

To the Department:

Robert Frank. Director HRD

43 Court Street. 3rd Floor

Buffalo, New York 14202

Executive Vice President of Academic Affairs

Erie Community College- North

6205 Main Street

Williamsville, NY 14221

3

AA 3942

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth

below:

APPROVED AS TO CONTENT

ECDSS Program Area

DATE:. ________ _

APPROVED AS TO FORM ECDSS Office of Counsel

BY: ------------------DATE:. _______ _

FOR THE CONTRACTOR:~~------------------------

STATE OF NEW YORK) s.s. COUNTY OF ERIE )

TITLE;.:.-.:le----------

OAT~----------

-" On this ---------- day of 201 , before me personally came _________ _,to me known, who, being duly sworn, did depose and say that (s)he resides In

-----------------'; that (s)he Is an (the) ~---------~~--.-·of the corporation described in and which executed the foregoing Instrument; that {s}he knew the sea! cf :aid ccrpo;atlon; that th& &&&I affixed to said inatrumeni was such corporate seal; that It was affixed by order of the Board of Directors of said corporation; and that (s)he signed (her) his name thereto by like order.

~ ~N~O~TA~R~Y~P~U~B~L~IC~---------------

My Commission expires. __________ .

FOR THE DEPARTMENT: COMMISSIONER

DATE: _____ _

FOR THE COUNTY OF ERIE: MARK POLONCARZ/ County Executive/Deputy County Executive

DATE: _____ _

4

---4----U.----------------------------------·--------------------------------------------------~~~~--~~

LAW-1-INS (Rev. 12/12)

County of Erie Standard Insurance Certificate

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 ORAL TER 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 cenlftcate holder Is an ADDITIONAL INSURED, the policy(les) must 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

PRODUCER

INSURED

COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO lHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01WITHSTANDING 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 lHE 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 TYPE OF INSURANCI LTit IN8F IWVD POLICY EFF ':fJ;If~) LIMITS POUCY NUMBER (MIIIDDIYVVV)

laENERAL UABIUTY EACH OCCURRENCE I

,__ COMMERCIAL GENERAL LIABILITY ~:.':.:S~ ~~~.r:.~:~ I

;:::~CLAIMS-MADE D OCCUR MED EXP (IVry ono P"'""") I

PeRSONAL & ADV INJURY I

GENERAL AGGREGATE I

GEN"L AGGREGATE LIMIT AFPLIES PER: PRODUCTS COMPIOP AGG I

h POLICYn .I~~~ n LOC I

AUTOIIOaUA LIABILITY COMBINED SINGLE LIMIT r- {Ea •ocklent) I

ANY AUTO BODILY INJURY (Por pOIOon) $ r- ALL OWNED AUTOS BODILY INJURY (P..- ooc:ident) I r-r- SCHEDULED AUTOS PROPERTY DAMAGE

! r- H!!=!!!OAU'!'O!: (F ... accici.nt)

r- NON-OWNED AUTOS I

I

UMBRELLA LIAB H OCCUR EACH OCCURRENCE I r-

EXCESS LIAB CLAIMS.MADE AGGREGATE I

DEDUCTIBLE I

RETENTIONS I

WORKERS COIIPENSAnON 100 NOT USE FOR S COMl • I ~':'"::~1 I~ .. - I AND EMPLOYERS' LIABILITY YIN ANY PROPRIEYORIPARTNERIEXECUTIVE D FORM C-105.2, 0 26.3, SI-12 E.L. EACH ACCIDENT I OFFICE/MEMBER EXCLUDED? N/A (lloncllltcny in NH) ' ELL. DISEASE • EA EMPLOYEE I

~l~=~r~ ~~~ERATIONS belrNI OR CE-200 REQOI~~ED E.L.DISEASE • POLICY LIMIT I

DESCRIPllON Of' OPERATIONS I LOCAllONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more ~ace i8 required)

CERTIFICATE HOLDER CANCELLATION

County of Erie SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

Franklin THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

95 St ACCORDANCE WITH THE POLICY PROVISIONS.

Buffalo NY, 14202 AUTHORIZED REPRESENTATNE

X. FOR COUNTY USE ONLY: Name of County Dept. Requesting Certificate RETURN TO: ECDSS SHARON SULLIVAN

Purchase Order or Contact Number 95 Franklin St. ROOM 746

Vendor Insurance Classification Buffalo, NY 14202

INSTRUCTIONS FOR COUNTY OF ERIE STANDARD INSURANCE CERTIFICATE

I. Insurance shall be procured and certificates delivered before commencement of work or delivery or merchandise or equipment.

II. CERTIFICATES OF INSURANCE

A. Shall be made to the "County of Erie, 95 Franklin St, Buffalo NY, 14202." B. Coverage must comply with all specifications of the contract.

C. Must be exeruted by an insurance company, agency or broker, which is licensed by the Insurance Department of the

State of New York. If executed by a broker, notarized copy of authorization to bind or certify coverage must be attached.

Ill. Forward the completed certificate to: County of Erie, (Department or Division) responsible for entering into the agreement for construction, purchase, lease or service.

IV. Minimum coverage with limits are as follows:

A B c 0 E F

Vendor Construction Purchase or Leaee Professional Proparty Leased Concession- Livery

Classification and of Merchandise or Services To Others Or Use Aires Services

Maintenance Equipment Of Facilities Services Or Grounds

Commercial Gen. Uab. $1,000.000 per occ. $1,000,000 CSL $1,000,000 CSL $1,000,000 $1,000,000 CSL $1,000,000

General~ $2,000,000

Products Comp. Ops. $2,000,000

Blanket Broad Form INCLUDE INCLUDE INCLUDE INCLUDE

ContracluaiiJabilty Not Excluded or Umlted

Broad Form P.O.

x.c.u.

Liquor Law INCLUDE

AutoUab. $1 ,000,000 CSL $1,000,000 CSL $1,000,000 CSL $1,000,000 CSL $1,000,000 CSL

Owned INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE

Hired INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE

Non-Owned INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE

Excees/Umbnllla Llllb. $5,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $5,000,000

1/\tlrke~• Compensation STATUTORY STATUTORY STATUTORY STATUTORY STATUTORY STATUTORY

& Employer's Liability

Dlaablllty Banellla STATUTORY STATUTORY STATUTORY STATUTORY STATUTORY STATUTORY

Profetslonal Uabllty $5,000,000

Broad Fonn Erie County To Be Gen. Llllb., Au1o Vendors May Gen. Usb., Au1o Gen. Llllb., Au1o Gen. Llab., Au1o Gen. Llab., Au1o Named Add'llnld. Llab.,&Exceaa Be Required Uab., & Excess Uab., & Exceaa Llab.,&EICCBU Uab., & Excall . . V. Construction contracts requ1re exceaa Umbrella Liability hm1ts of $5,000,000 .

VI Coverage must be provided on a primary-non contributory basel.

VII. Designated Construction Project General Aggregate Limit Par Location Endorsement CG 25 03 is Required.

G All Purposes

Public Entity Contracts

$1,000,000 CSL

INCLUDE

$1,000,000 CSL

INCLUDE

INCLUDE

INCLUDE

$1,000,000

STATUTORY

STATUTORY

Gsn. Llab., Au1o Llab., & Excess

VIII. In the event the concessionaire is required to have a N.Y.S. license to dispense alcoholic beverages an endorsement for liquor liability Is required.

IX. Transportation of people in buses, vans or station wagona requires $5,000,000 excess liability.

X Workers Compensation: State Workers' Compensation Board form DB-155 is required for proof of compliance with the New York State Disability Benefits Law.

Locations of operation shall be "All locations In Erie County, New York."

For those entities who request permits, licenses, or contracts are required to provide either an Affidavit of Exemption (BP-1) or Certificate of Insurance 105.2, Certificate of Self Insurance Sl-12, DB-155, or a Certificate of Attestation CE-200 to evidence exemption of coverage by statute. It will be necessary to require alternate coverage and limits which will be defined in the bid specifications, contract, lease or agreement.

The alternative specifications should be evidenced on the certificate in lieu of the standards printed above.

XI. The "ACORD" form certificate may be used in place of the County of Erie Standard Insurance Certificate, provided that all of the above referenced requirements are incorporated into the "ACORD" form certificate.

IN WITNESS WHEREOF, the parties have caused the agreement on the preceding pages to be executed by their duly authorized representatives as of the date first above written.

Affiliate: Erie County Department of Social Services Affiliation 3942 for Human Services

Signature

Printed Name

Title

Date

s , Executive Vice President for Academic Affairs, Erie Community College

Date

Jack Quinn, President, Erie Community College

Date

STATE OF NEW YORK COUNTY OF ERIE On the day of before me personally came Jack Quinn, to me known to be the individual described in, and who, executed, the foregoing instrument and acknowledge that he executed the same.

Notary Public

Approved as to Form:

Kristin Klein Wheaton, Executive Vice President for Legal Affairs, Erie Community College

Date Document No. ________________________ __