CONTRACT FOR PROFESSIONAL CONSULTANT SERVICES



NIAGARA FALLS CITY SCHOOL DISTRICT

Niagara Falls, New York

Regular Board Meeting

October 28, 2004

(17) APPROVAL OF CONTRACT FOR TELEPHONE MONITORING SERVICES BETWEEN NIAGARA COUNTY DEPARTMENT OF MENTAL HEALTH AND SCHOOL DISTRICT OF THE CITY OF NIAGARA FALLS, NEW YORK — 7/1/04-6/30/05.

BACKGROUND INFORMATION:

The District is the recipient of a Safe Schools/Healthy Students Grant to promote school safety, and to begin intervention/prevention of drugs, alcohol and violence programs. To achieve these goals, a contract with Security Voice, Inc. of Columbus Ohio was approved to provide telephone monitoring servies to the District for period January 23, 2004, through June 30, 2004. A Contract is proposed for with the Niagara County Department of Mental Health to provide the telephone monitoring services for period July 1, 2004, through June 30, 2005,

This action item was prepared by Mr. Robert L. Bradley, Jr., Project Director and the proposed resolution was reviewed by Mr. Angelo Massaro, School District Attorney.

Mr. Bradley will answer questions pertaining to this action item.

RECOMMENDATION:

A motion is recommended for the approval of the following resolution: Approval of Contract for Telephone Monitoring Services Between Niagara County Department of Mental Health the School District of the City of Niagara Falls, New York — 7/1/04-6/30/05.

WHEREAS, The District is the recipient of a Safe Schools/Healthy Students Grant; and

WHEREAS, A contract for services with Niagara County Department of Mental Health is recommended for providing and maintaining a telephone monitoring service referred to as the Safe School Helpline; and

WHEREAS, The Contract will be for a term commencing July 1, 2004 and terminating June 30, 2005, for an amount not to exceed $20,070.72 for services to be performed; therefore be it

RESOLVED, That the Board of Education hereby approves a contract with Niagara County Department of Mental Health, a copy of which is hereto attached which provides among other things for a term commencing January 23, 2004 and terminating June 30, 2005 for an amount not to exceed $20,070.72 for service rendered ; and further

RESOLVED, That the resolution and contract is subject to any further terms and conditions as may be required by the School District Attorney; and further

RESOLVED, That the President of the Board be and he is hereby authorized and directed to execute such Contract; and further

RESOLVED, That the District Clerk be and she is hereby directed to obtain the signature of the President of the Board.

CONTRACT FOR PROFESSIONAL CONSULTANT SERVICES BY AN INDEPENDENT CONTRACTOR

SCHOOL SERVICES AGREEMENT

This agreement is made this 1st day of July 2004, by and between the Niagara County Department of Mental Health, a local government unit its principal office in Lockport, New York (The “Company”) and School District of City of Niagara Falls New York (The “School District”) located in Niagara Falls, New York.

Whereas, The School District desires to engage the services of The Company and The Company desires to perform services for The School District, on the terms and conditions set forth in this agreement.

Now, therefore, in consideration of the mutual promises contained herein and other good and valuable consideration, the parties agree as follows:

COMPANY SERVICES

1. The Company will provide and maintain a toll free telephone monitoring service, referred to as the Safe School Helpline for the receipt of information from The District’s, students, employees and/or others who have suspicions and/or information of wrongdoing, illegal or unethical acts or other forms of loss relating to The School District’s operations, properties or employees.

2. The Company will provide the Safe School Helpline telephone monitoring access twenty-four (24) hours per day, 365 days per year.

3. The Company will provide qualified personnel to accept, document and report incoming telephone calls.

4. The Company will use its best efforts to maintain anonymity of the students, employees and/or others who participate in this program, unless requested otherwise by Caller, to the extent permitted under applicable law. It is agreed that The School District will not attempt to learn the name(s) or identity (ies) of students, employees and/or others who participate in this program. Except as required by applicable law, The Company will not divulge to third parties the information contained in the calls it receives on The School District’s behalf or the contents of the reports it prepares.

5. The Company will document calls containing information, which can be evaluated. This information will then be assigned a case number. Telephonic reporting by The Company to the designated School District Coordinator will be made in those cases which merit emergency response or unless otherwise agreed to between the parties. In all cases when an allegation of concern is reported, a written report will be submitted. The Company will maintain a copy of all transcribed messages for one year; schools will be responsible for maintaining their copy as long as necessary.

ENGAGEMENT

The School District hereby engages The Company to perform the telephone monitoring and reporting services specifically listed and prices as follows:

Number of Students (middle school and high school 4, 646 @ ($.36) per student per month x 12 months for a TOTAL: $20,070.72 which includes:

Telephone Monitoring (24 Hrs. per day 365 Days per year)

Response Center Reports

On-site crisis response

Participation in school counselor and teacher training

Participation in case conferencing when appropriate

Payment shall be made quarterly commencing September 1, 2004 upon appropriate invoices being submitted to the School District.

The price to be paid for the services to be performed by the Company during any of the renewed term or terms shall be calculated on the number of students in Gaskill, Niagara and LaSalle middle schools and Niagara Falls, High School for renewed term @ thirty-six cents ($.36) per student.

The Company shall perform these services at the office of The Company The School District further agrees not to add to the service additional schools within the District without notification to The Company.

TERM OF THE AGREEMENT

This Agreement shall commence on the 1st day of July 2004 and terminate on the 30th day of June 2005. Thereafter, this Agreement shall automatically renew for two (2) additional terms each for 1-year to commence on the 1st day of July of each year and terminate on the 30th day of June of the following year. Either party may, at any given time, during the original term or any renewed term, terminate this Agreement in all respects for any reason by giving the other thirty (30) days advance written notice of its election to terminate the same.

NO WARRANTY

The Company has agreed to provide The School District certain information received anonymously from undisclosed sources, which allegedly may concern possible causes of crimes or other forms of loss relating to employees and/or property of The School District. It is agreed and understood by The School District that The Company neither warrants, vouches or authenticates the accuracy of the allegations contained in the anonymous information. The School District agrees that it shall have the sole responsibility to evaluate the information and to comply with all Local, State and Federal laws pertaining to the investigation and protection of such information, as well as the protection of all rights of any person or persons accused of any wrongdoing.

The Company and the School District shall comply with all Federal, State and Local codes, rules, regulations, acts, and laws that are applicable to their professional credentials regarding their conduct and performance prohibit discrimination based on race, creed, color, national origin, sex, blindness or any other handicap and State and Federal confidentiality laws including but not limited to such laws regarding the dissemination of information regarding persons in need of care.

INDEMNIFICATION AND INSURANCE

The Company shall to the fullest extent permitted by law, indemnify and hold harmless the School District, its agents, servants and/or employees from and against any and all costs, losses and damages as a result of any negligence of The Company arising out of the services performed pursuant to this agreement.

LIMITATION OF LIABILITY

The Company assumes no responsibility for temporary telephone disruptions by electrical outage, mechanical failure or telephone company line or equipment failures. The Company is not liable for delays in service delivery and/or non-delivery in the event of Acts of God, action taken by any governmental or quasi-governmental entity, fire, flood, explosion, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, or any condition beyond the control of the Company affecting telephone communication in any manner.

The Company and School District irrevocably submit to the venue of the City of Niagara Falls, Niagara County, and the State of New York for the exclusive personal jurisdiction of the courts of proper subject matter for any suit or proceeding to enforce any provision of this Agreement.

In witness thereof, the parties have signed this agreement as of the day and year first about written.

Niagara County Department of Mental Health.

(The “Company”)

BY: _______________________________

Antoinette Lech, M.A., M.B.A.

TITLE: Director

Approved:

BY: __________________________________

J. Michael Fitzgerald

Assistant County Attorney

School District Of City Of Niagara Falls, New York (The “School District”)

BY: __________________________________

President

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