ECC Board of Trustees

Executive Summary

Date: December 17, 2015

Subcommittee: Consent Agenda

Agenda Item: Contract Renewal between ECC and AAA (Automobile Association of America) Western & Central New York for Driver Education Laboratory Instruction

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

Background Information:

ECC’s Workforce Development Driving Programs partner with AAA to offer the NYS Driver Education

course. This contract renews a program that began in Winter of 2012 for the term January 1, 2016

through December 31, 2021. Each year, sections will continue to be offered in Fall, Winter, Spring and

Summer (two) at North and South Campuses depending on demand.

Reasons for Recommendation:

The renewal will expand program development and marketing with AAA and also enhance the safety of

drivers in the community. AAA will provide all curricular material including student workbooks, teacher

material, class handouts and DVD’s; Driver Education cars; instructors for the laboratory (in-car) portion

of the course; and all appropriate insurances. ECC will provide classroom space and in-class instructors.

Fiscal Implications:

Course consists of a total of 48 hours, 24 are in classroom and 24 are in-car. Per session, ECC provides

one instructor for one and one-half hours of classroom instruction and AAA provides one and one-half

hours of laboratory instruction. AAA requires 5 to 8 instructors for that same group of students given

vehicle occupancy limitations. Based on a class size of 24, ECC will be paying for 24 hours/15 percent of

instructor time and AAA for 144 hours/85 percent of instructor time. These costs do not include vehicle

and insurance liability costs. Classes are advertised online by AAA and through their member newsletter.

Consequences of Negative Action:

ECC will charge $460 per student for the course, $335 of which will be forwarded to AAA. The $460 fee is

competitive with other driver education programs in the WNY area.

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

Carrie Kahn, Executive Dean of Workforce Development, 45 Oak Street

Phone: (716) 270-5167 / Email: kahn@ecc.edu

CONTRACT FOR DRIVER EDUCATION LABORATORY INSTRUCTION

BETWEEN

AAA Western & Central New York And

Erie Community College

THIS AGREEMENT, dated the 13 day of November. 2015 by and between AAA WESTERN AND CENTRAL NEW YORK, a New York not-for-profit corporation. with offices and a principal place of business of 100 International Drive, Williamsville, New York 14221, hereinafter referred to as the .. Club." and Erie Community College, with a school and principal place of business at 4041 Southwestern Blvd •• Orchard Park, NY 14127 hereinafter referred fo as the "Sponsor."

Sponsor Promlons

• Sponsor agrees to use Club and .. How to Drive" for the purposes of novice driver education for January 1, 2016 through December 31, 2021 driver education courses.

• Club to provide .. How to Drive" student manuals to all registered students.

• Sponsor agrees hire the certified classroom Instructor.

• Sponsor agrees to submit all necessary applications in accordance with SED regulations in a timely manner.

• Sponsor agrees to pay Club a student fee of $345.00 for the period of 2016 through January 2017; rates for following years (winter session through fall session) will be negotiated by the previous December 1.

• Sponsor agrees to submit payment of 50% of student enrollment at beginning of · semester and 50% at midpoint- dates to be determined by both parties prior to the

beginning of each semester.

• Sponsor agrees to hold in-class and drive time sessions as set by the Club (with Sponsor input)

• Sponsor agrees to collect and process student registration fees, and to reissue as payment to AAA.

• All registration forms, copies of permit and any other pertinent information will be sent to the Club no later than 1 0 days prior to the start of the driver education session.

• Sponsor will issue the MV~285 certificate of completion to students successfully completing the program.

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The Club Proylslons

• Club agrees to provide the '"How to Drive" package to Sponsor for the winter 2016 through fall2021 semester.

• Club will design and supply the sponsor with any necessary registration forms, student calendars and permission prior to registration.

• Club will assign all drive times at their discretion.

• Club will provide New York State Certified Instructors for the purposes of in-car Driver Education, and liability for said instructors will be the sole responsibility of Club.

• Club will provide complete student attendance and grade rosters to sponsor at mid­point of semester and at completion.

• Club will provide list of AAA Approved certified dassroom instructors (MV-283) to Sponsor.

• Club will fiSt Sponsor as additional insured for insurance purposes.

• Club will provide, and be responsible for all vehicles, including maintenance, insurance, tolls, parking and fuel. for the duration of the sessions. No limit on mileage will be implied or expressed by The Club to Sponsor. All vehicles will be dual controlled and meet all equipment specifications outlined by the DMV.

• Club will provide behind-the-wheel training to participants, using the curriculum outlined in the "In-Car Curriculum". All drive times w111 start and end at building owned by the sponsor.

• Club will provide a detailed evaluation of skills and potential problem areas per driver upon request by Sponsor.

• Club will provide AAA basic memberships to all students at completion of the program.

Performance Standards

• The agreement be1ween the Club and Sponsor is to provide .. How to Drive" curriculum to students. Curriculum and New York State guidelines dictate the following performance standards:

• Students must successfully complete 24 hours of classroom instruction.

• Students must successfully complete 6 hours of behind the wheel training.

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• Students must successfully complete a minimum of 6 hours of observa1ion.

• Student must compete another 12 hours of driving or observaflon in the car.

• Students must attend every session. Students will be required to make up any missed road sessions prior to completion of the course. Makeup sessions ae at the discretion of the Club. The Club will aUow 1 makeup per student to be scheduled at the Club's discretion' free of charge: any subsequent required makeups would be offered at a rate of $45.00 per student per makeup with the limit of two makeup's total.

• Students must successfully pass the mid-term and final exams and in-car with a minimum grade of 65%.

I agree to the terms of the agreement:

Signed: Erie Community College

BY=-~~--------­Jaclt Quinn. President

Date: __________ _

Aooroved as to form:

By:~~~-----------­ICristln Klein Wheaton. EVA Legal A.ffar

Signed: AAA Western and Central New York

~uJ~ KOn: Assist. Manager Oi 7 er Programs

Date: __________ _

Date: --L.:"T-}~c,~~:....S)-___ _ I/

Date: __ I:.../_6..;...U--=J..;...-__ _

Pap3of3

ACORd CERTIFICATE OF LIABILITY INSURANCE J DA TC (MMIDDIYYYY)

~ 6/17/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, tha pollcy(les) must be endoraed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollclaa may require an endorsement. A statement on thla certificate dou not confer rights to the certificate holder In lieu of such endoraement(s). '

PRODUCER I ~l:C~"1 Christie Geiger First Niagara Risk Management, Inc ~H~N:ft~rll• (716) 819-5500 I f~_ Nalt (7Ul au-sua 726 Exchange Street ~o~~~s,christie.geigerefnrm.com Suite 900 INSURERISl AFFORDING COVERAGE NAICI

Buffalo NY 14210 INSURER A :Zurich American Insurance 16535 INSURED INSURER B :Philadelphia Indemmni ty Ins Co 0.8058 AAA western and Central New York, Inc. INSURERC:

INSURERD:

100 International Drive INSURER!:

Buffalo NY 14221 INSURERF:

COVERAGES CERTIFICATENUMBER·lS-16 SAM REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOffiONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

lYPE OF INSURANCE

GENERAL UABIUTY I-

IINCD Wlln POUCY NUNISEI'

X ~MERCIAL GENERAL LIABILITY

A :::f.-J CLAIM~DE [i] OCCUR X X GLO 0380702 00

rll xcu Included

Jt Blkt Contractual

~L AGGR~ UMIT AP~S PER:

I POUCY I X I ~rg: I I LOC

AUTOMOBILE LIABIUTY --X ANYAUTO A X ALL 0'1\tlED - SCHEDULED X X ~AP 0380703 00

"'=" AUTOS '"::- AUTOS

--

X HIRED AUTOS X NQN.OYVNED f-,- AUTOS

X $500 CoR Dad X $250 Camp Dad

UMBREULAUAB HOCCUR

- EXCESS UAB CLAIMS-MACE

OED I I RETENTIONs B WORKERS COMPENSA nON

AND EMPLOYERS' UABIUTY y 1 N ANY PROPRIETOR/PARTNER/EXECUTIVE fN'1

A ~::.~=~~~~ EXCLUDED? t.:.:J N I A

g~~~~r= '8~-&PERATIONS b.-

C Sexual/Physical Abuse or Molestation Vicarious Lia

"'c: 0380701 00

~HPIU334B24

POUCl' I'I'F P Ln.;" ~p UMITS

EACH OCCURRENCE I

7/1/2015 /1/2016 MED EXP (Any one penon) S

PERSONAL & ADV INJURY S

GENERALAGGREGATE S

PRODUCTS • COMP/OP AGG S

BODILY INJURY (Per porson) S

~/1/2015 ~/1/2016 BOOILYINJURY(Peracddenl) S

1 rP~<t=.ii'~~~AI.:it: •

EACH OCCURRENCE s AGGREGATE

~/1/2015 ~/1/2016 E.L. EACH ACCIDENT I

E.L. DISEASE • EA EMPLOYEE I

E.L. DISEASE· POUCY UMIT S

~ /1/2 015 ~ /1/2 016 Each occurrence

General Aggregate

2,000,000 1,000,000

10,000 1,000,000 2,000,000 2,000,000

1 000 000

1,000 000 1,000 000 1 000 000

$1,000,000 $2,000,000

DESCRIPnON OF OPERATIONS I LOCATIONS/ VEHICLES (A !tach ACORD 101, AddiUonal Remarlca Schedule, II more apace It required) RB1 Driver Training Certificate Bolder is an Additional Insured on a primary and non-contributory basis in regard to the above Liability policies when required by executed written contract. A Waiver of Subrogation is included when required by executed written contract.

CERTIFICATE HOLDER

County of Erie and Erie 4041 Southwestern Blvd Orchard Park,

ACORD 25 (201 0/05) INS025 r'n1nM1 n1

NY 14127

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELivERED IN

Community College ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPREIEHTA TIVE

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@ 1988-2010ACORD CORPORATION. All rights reserved. Th• Ar.n~n n:om• :ontt lnnn "'"' '""'"."'"" m:orlt• nf Ar.n~n