Description of Services Admin: Content-filtering and alerting -GoGuardian Beacon: Suicide and self-harm alert and notification tool -GoGuardian DNS: Network-level filtering -GoGuardian Fleet: Device management -GoGuardian Teacher: Classroom management Pear Deck, Inc. provides two software products governed by the same TOS and Privacy Policy. Pear Deck augments slideshow presentations to allow teachers to engage all their students. Pear Deck Vocabulary is an in-class game in which students work together to build flashcards. Pear Deck does not include attendance, grades, or assignments and collects minimal student information. Students must log in via Google or Office 365 and therefore do not maintain a separate Pear Deck account. Optionally, teachers can toggle an anonymous login in which case Pear Deck does not collect any personally identifiable student information. In normal use, students log into Pear Deck and participate in an in-class presentation by answering questions prompted by their classroom teacher. Their responses are stored by Pear Deck. We do not build marketing profiles around students. Online assessment platform Edulastic Certified item bank For teachers with Premium Subscriptions: Premium features (read aloud, test security features) In-depth reporting For schools with Enterprise Version: Schoolwide data and in-depth reporting for admins student- ats in e of n Teacher) Category of Data Elements Check if Used by Your System Application Technology Meta Data IP Addresses of users, Use of cookies, etc. X Other application technology meta data-Please specify: Application Use Statistics Meta data on user interaction with application X Assessment Standardized test scores Observation data Other assessment data-Please specify: Attendance Student school (daily) attendance data Student class attendance data X Communications Online communications captured (emails, blog entries) (including, X teacher ch chat featur Conduct Conduct or behavioral data GoGuardia Demographics Date of Birth Place of Birth Gender Ethnicity or race Language information (native, or primary language spoken by student) Category of Data Elements Check if Used by Your System Other demographic information-Please specify: Enrollment Student school enrollment X Student grade level X Homeroom Guidance counselor Specific curriculum programs Year of graduation Other enrollment information-Please specify: Parent/Guardian Contact Information Address Email X Phone X Parent/Guardian ID Parent ID number (created to link parents to students) X Parent/Guardian Name First and/or Last X Schedule Student scheduled courses X Teacher names X Special Indicator English language learner information Low income status Medical alerts/ health data Category of Data Elements Check if Used by Your System Student disability information Specialized education services (IEP or 504) Living situations (homeless/▇▇▇▇▇▇ care) Other indicator information-Please specify: Student Contact Information Address Email X Phone Student Identifiers Local (School district) ID number State ID number Provider/App assigned student ID number X Student app username Student app passwords Student Name First and/or Last X Student In App Performance Program/application performance (typing program- student types 60 wpm, reading program-student reads below grade level) Student Program Membership Academic or extracurricular activities a student may belong to or participate in Student Survey Responses Student responses to surveys or questionnaires Student work Student generated content; writing, pictures, etc. Category of Data Elements Check if Used by Your System Other student work data -Please specify: Transcript Student course grades Student course data Student course grades/ performance scores Other transcript data - Please specify: Transportation Student bus assignment Student pick up and/or drop off location Student bus card ID number Other transportation data – Please specify: Other Please list each additional data element used, stored, or collected by your application: GoGuardian's then- current Product Privacy Policy (▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇/policies/product-privacy) describes the Student Data and other information collected. X None No Student Data collected at this time. Provider will immediately notify LEA if this designation is no longer applicable. Application Technology Meta Data IP Addresses of users, Use of cookies, etc. X Other application technology meta data-Please specify: Application Use Statistics Meta data on user interaction with application X Assessment Standardized test scores Observation data Other assessment data-Please specify: Ungraded formative assessments X Attendance Student school (daily) attendance data Student class attendance data Communications Online communications captured (emails, blog entries) Conduct Conduct or behavioral data Demographics Date of Birth Place of Birth Gender Ethnicity or race Language information (native, or primary language spoken by student) Category of Data Elements Check if Used by Your System Other demographic information-Please specify: Enrollment Student school enrollment Student grade level Homeroom Guidance counselor Specific curriculum programs Year of graduation Other enrollment information-Please specify: Parent/Guardian Contact Information Address Email Phone Parent/Guardian ID Parent ID number (created to link parents to students) Parent/Guardian Name First and/or Last Schedule Student scheduled courses X Teacher names Special Indicator English language learner information Low income status Medical alerts/ health data Category of Data Elements Check if Used by Your System Student disability information Specialized education services (IEP or 504) Living situations (homeless/▇▇▇▇▇▇ care) Other indicator information-Please specify: Student Contact Information Address Email X Phone Student Identifiers Local (School district) ID number State ID number Provider/App assigned student ID number X Student app username Student app passwords X Student Name First and/or Last X Student In App Performance Program/application performance (typing program- student types 60 wpm, reading program-student reads below grade level) Student Program Membership Academic or extracurricular activities a student may belong to or participate in Student Survey Responses Student responses to surveys or questionnaires X Student work Student generated content; writing, pictures, etc. X Category of Data Elements Check if Used by Your System Other student work data -Please specify: Transcript Student course grades Student course data Student course grades/ performance scores Other transcript data - Please specify: Transportation Student bus assignment Student pick up and/or drop off location Student bus card ID number Other transportation data – Please specify: Other Please list each additional data element used, stored, or collected by your application: Pear Deck's then- current Privacy Policy (available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/ privacy-policy) describes the Student Data and other information collected. X None No Student Data collected at this time. Provider will immediately notify LEA if this designation is no longer applicable. Application Technology Meta Data IP Addresses of users, Use of cookies, etc. X Other application technology meta data-Please specify: Application Use Statistics Meta data on user interaction with application X Assessment Standardized test scores Observation data Other assessment data-Please specify: Any shared by the District X Attendance Student school (daily) attendance data Student class attendance data Communications Online communications captured (emails, blog entries) Conduct Conduct or behavioral data Demographics Date of Birth Place of Birth Gender Ethnicity or race Language information (native, or primary language spoken by student) Category of Data Elements Check if Used by Your System Other demographic information-Please specify: Enrollment Student school enrollment X Student grade level X Homeroom Guidance counselor Specific curriculum programs Year of graduation Other enrollment information-Please specify: Parent/Guardian Contact Information Address Email Phone Parent/Guardian ID Parent ID number (created to link parents to students) Parent/Guardian Name First and/or Last Schedule Student scheduled courses X Teacher names X Special Indicator English language learner information X Low income status Medical alerts/ health data Category of Data Elements Check if Used by Your System Student disability information Specialized education services (IEP or 504) Living situations (homeless/▇▇▇▇▇▇ care) Other indicator information-Please specify: Please refer to Edulastic's then-current Privacy Policy (https:// ▇▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇-▇▇▇▇▇▇/) for more information. Note that data collected in this category is not required. X Student Contact Information Address Email X Phone Student Identifiers Local (School district) ID number State ID number Provider/App assigned student ID number X Student app username X Student app passwords X Student Name First and/or Last Student In App Performance Program/application performance (typing program- student types 60 wpm, reading program-student reads below grade level) Student Program Membership Academic or extracurricular activities a student may belong to or participate in Student Survey Responses Student responses to surveys or questionnaires Student work Student generated content; writing, pictures, etc. X Category of Data Elements Check if Used by Your System Other student work data -Please specify: Edulastic assessment responses and scores X Transcript Student course grades Student course data Student course grades/ performance scores Other transcript data - Please specify: Transportation Student bus assignment Student pick up and/or drop off location Student bus card ID number Other transportation data – Please specify: Other Please list each additional data element used, stored, or collected by your application: Edulastic's then-current Privacy Policy (▇▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇/ privacy-policy/ describes the Student Data and other information collected. X None No Student Data collected at this time. Provider will immediately notify LEA if this designation is no longer applicable.
Limitations on Services (a) Each Service furnished pursuant to this Agreement shall be in all material respects equivalent to and limited to the same type, quality, quantity and timeliness of such service that the Provider provides to its own organization and personnel, and to those of the other members of the Provider's Group. Each party acknowledges that the other may make changes from time to time in the manner of performing the Services if such Provider is making similar changes for itself, any member of its Group, or its respective business. Each party further acknowledges that such Services will be performed by those employees of such Provider who perform similar services for such Provider in the normal course of their employment. Accordingly, except as otherwise agreed upon by the parties, neither party shall be obligated to make available any incremental Services to the extent that doing so would unreasonably interfere with the performance of any employee of such party in connection with his or her responsibilities to the other, require additional staff or otherwise cause an unreasonable burden to the other, any member of the its Group, or their respective business. Each party acknowledges and agrees that duly authorized agents of the other shall have the right to enter their premises to the extent reasonably necessary or convenient to provide the Services.
(b) If a Provider ceases to provide any of the Services to its own business units or if the level of such Services is reduced for any reason, such Provider may also cease to provide or reduce the level of such Services provided to the Recipient under this Agreement. Each party agrees to provide the other as promptly as practicable notice of any substantial change in the level of such Services provided under this Agreement, but in no event shall such Provider provide less than ninety (90) days advance notice of such date of any Service discontinuance.
(c) Neither party shall be required to provide any Service to the extent the performance of such Service becomes "impracticable" as a result of a cause or causes outside the reasonable control of such party, including unfeasible technological requirements, or to the extent the performance of such Services would require such party to violate any applicable laws, rules or regulations or would result in the breach of any license, lease or other applicable contract.
General Description of Services The A-E will be contacted by County Project Management staff on an “as-needed” basis as projects arise to provide A-E for professional services. Requirements will be discussed by both Parties and A-E shall prepare a written Scope Statement that will include the specific work to be performed, including the costs and time required to complete the project/task. Orange County Project Management staff will then review the A-E’s Scope Statement, proceed with negotiation of task costs and when satisfied, issue a Contract Task Order (“CTO”) against this Contract. The A-E shall serve as lead of a design team that may include other construction design professionals working together to ensure that the original design is carried through to the finished product, with no alterations in materials or design that would lead to safety issues or compromise the quality of the building or building component. Other team members who may be retained by the lead to support a project as a consultant may include but are not limited to landscape architects, lighting designers, data consultants, security consultants, controls engineers, commissioning consultants, traffic engineers, surveyors, estimators, special inspection, etc. The A-E shall be responsible for the preparation of comprehensive building assessments, designs, drawings, specifications, cost estimates, and reports within the scope of the CTO. In the preparation of construction drawings and specification, the A-E shall also responsible for:
A. Obtaining data by reviewing record drawings, visiting the site of the construction and by conferences with the User/Client and facility maintenance staff or by other actions as necessary to develop the design;
B. Checking of shop drawings, submittals, materials and other data submitted by the Construction Contractor for approval;
C. Furnishing consultation and advice to County to clarify the intent of the drawings and specifications and on questions that may arise during the construction of the project;
D. Space planning, programming and code compliance review and upgrades;
E. The meeting of submittal dates included in the Scope Statement of the Contract Task Order, including the work of consultants;
F. Coordination with various agencies having authority of jurisdiction for planning services, entitlement, fire life safety, CEQA, ADA, etc.;
G. Construction administration services, testing and commissioning;
H. Close out services, as-built plans, material lists, project acceptance, etc.
I. The coordination of the various elements of the design to assure compatibility of architectural, structural, electrical, mechanical/plumbing, and other design features;
J. Other services as specifically included in the Contract Task Order related to project Initiation, Planning/Design, Bid/Award, Construction and Closeout. The A-E shall restrict themselves to the Scope Statement of the Contract Task Order. Any changes in the Scope Statement shall require prior written authorization by County.
Continuity of Services A. The Contractor recognizes that the service(s) to be performed under this Contract are vital to the State and must be continued without interruption and that, upon Contract expiration, a successor, either the State or another contractor, may continue them. The Contractor agrees to: Furnish phase-in training; and Exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.
B. The Contractor shall, upon the State's written notice: Furnish phase-in, phase-out services for up to sixty (60) days after this Contract expires; and Negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the State's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this Contract are maintained at the required level of proficiency.
C. The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this Contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor.
D. The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations).
Statement of Services Service Attachments The services to be delivered by Provider (the “Services”) and the fees for those Services, and the specific terms applicable to those Services are described in the Order or in one or more Service Attachments referencing this Agreement. Except for Supplemental Services or Project Services (described below), and unless otherwise agreed in writing, the services Provider will deliver to Client are limited to those Services specifically identified in the Order and described in the Service Attachments or Schedule of Services. In the event of any conflict between the terms of a Service Attachment or Schedule of Services and this Agreement, the terms in the Service Attachment or Schedule of Services control. In the event of any conflict between the terms of this Agreement and of an Order and any Service Attachment or Schedule of Services, the terms of the Order control. Provider may decline to perform any services requested by Client that are in violation of any applicable law or that are not typically associated with the Services provided by Provider. Supplemental Services “Supplemental Services” include additional services and equipment Client may need on a “one- off” or emergency basis that are not included within the scope of the Services described in an Order or the applicable Service Attachments. You will incur additional Service Fees for Supplemental Services. We will notify Client of any such additional Service Fees and will obtain Client’s approval prior to providing them. However, Provider has no obligation to determine the need for or to provide any Supplemental Services. All Supplemental Services are provided on an “as-is” basis and include no warranties of any kind, whether express or implied. In addition, if Provider determines that any additional services Client requests would be inappropriate for treatment as Supplemental Services under this paragraph, Provider may deliver to Client a proposed Service Attachment for Project Services or a Proposal prior to providing Supplemental Services. Project Services In some cases, Client may ask Provider to deliver services outside the scope of any Order or Service Attachment and inappropriate for treatment as Supplemental Services. Examples of such services include major system upgrades, new computer, machine or device setup, network changes, datacenter moves or setups, or installations. In those cases, Provider will prepare a separate Service Attachment for Project Services describing the proposed scope of those services and Provider’s fee to deliver them. Installation dates are estimates only. Client shall be responsible for preparation and maintenance of the site for such Project Services or installations, including, but not limited to, providing necessary electrical power and communication lines and proper air conditioning and humidity control. FEES FOR SERVICES | PAYMENT TERMS Service Fees Fees for Services are set forth in Order or Statement of Work. Unless otherwise indicated in writing, all Services will be performed on a time-and-materials basis at Provider’s then-current rates. Adjustments to Service Fees Except as may be specified in an Order, Provider may adjust the Service Fees charged under this Agreement as follows: • End-User or Network Growth. During the term of an Order, if the number of users or devices in Client’s environment or the Service or Equipment types or quantities to be covered within the scope of the Order exceeds the numbers, types or quantities previously ordered, Provider may apply a pro rata adjustment to the total Service Fees. You shall pay all Service Fees owed as they become due following any such adjustment. Similarly, during the term of an Order, if the number of users or devices in Client’s environment or the Service or Equipment types or quantities to be covered within the scope of the Order is less than the numbers, types or quantities previously ordered, upon request, Provider will apply a pro rata adjustment to the total Service Fees. You shall pay all Service Fees owed as they become due following any such adjustment. However, under no circumstances may any such adjustments result in a number of users or devices in Client’s environment or in any Service or Equipment types or quantities to be covered within the scope of the Order that is less than the numbers, types or quantities ordered at the time Client signed that Order.