NIAGARA FALLS CITY SCHOOL DISTRICT



NIAGARA FALLS CITY SCHOOL DISTRICT

Niagara Falls New York

Special Board Meeting

May 17, 2006

APPROVAL OF AGREEMENT BETWEEN THE SCHOOL DISTRICT OF THE CITY OF NIAGARA FALLS, NEW YORK AND NIAGARA LIBERTY CONSORTIUM

BACKGROUND INFORMATION:

A consortium consisting of Niagara County Community College (NCCC), Niagara University and the Niagara Falls School District wishes to undertake a program of intervention in services for students identified as being at-risk of dropping out of middle and high school. The program, at no cost to the District, would provide tutoring, mentoring, special enrichment classes and case management services among others. A contract is being prepared by the NCCC for submission to the State Education Department Workforce Development. The application is due May 22, 2006.

The Board should take action at this time so that the NCCC may submit its application to the State Education Department.

Mrs. Cynthia Bianco, Deputy Superintendent, and Mr. Nicholas Marcheloos, Administrator for Support Services, prepared this action item and Mr. Angelo Massaro, School District Attorney, reviewed the proposed resolution.

Mrs. Bianco will answer questions pertaining to this action item.

RECOMMENDATION:

A motion is recommended for the approval of the following resolution: Approval of Agreement Between the School District of the City of Niagara Falls, New York and Niagara Liberty Consortium

WHEREAS, A consortium consisting of Niagara County Community College, Niagara University and the Niagara Falls School District wishes to undertake a program of intervention for students at-risk of dropping out at the middle and high schools; and

WHEREAS, The Niagara County Community College is to submit an application for said program to the State Education Department Workforce Development; therefore be it

RESOLVED, That the School District of the City of Niagara Falls enter into an agreement with Niagara County Community College and Niagara University, a.k.a. Niagara Liberty Consortium, at no cost to the District in accordance with the terms and conditions of the attached agreement; and further be it

RESOLVED, That the resolution is subject to the terms and conditions of the School District Attorney; and further be it

RESOLVED, That the President of the Board be authorized and directed to execute such Agreement; and further be it

RESOLVED, That the District Clerk be directed to obtain the signature of the President of the Board.

AGREEMENT

BETWEEN

NIAGARA LIBERTY CONSORTIUM

AND

SCHOOL DISTRICT OF THE CITY OF NIAGARA FALLS, N.Y.

This Agreement, made this day of May, 2006, between the

NIAGARA LIBERTY CONSORTIUM and SCHOOL DISTRICT OF THE CITY OF NIAGARA FALLS, N.Y.

WHEREAS, the Niagara County Community College, Niagara University, and the School District of the City of Niagara Falls, N.Y. (“District”) have committed to entering into a cooperative agreement to be known as the “Niagara Liberty Consortium” (“Consortium”) for planning and implementing supportive and enrichment services for students who have been identified as being at-risk of dropping out of school; and

WHEAREAS, the purpose of the Consortium is to provide at-risk students with a broad range of services designed to increase their motivation and ability to complete secondary education and seek entry into post-secondary education, meaningful employment or both; and

WHEREAS, the Consortium desires to continue its programs and provide its services from an office located in the Niagara Falls High School; and

WHEREAS, The District desires to participate in the Consortium and to provide space to it to conduct its programs and services in the Niagara Falls High School;

NOW, THEREFORE, in consideration of the mutual promises and covenants herein the parties agree as follows:

1. The District agrees to:

a. Provide the Consortium space at Niagara Falls High School to conduct its programs and perform its services

b. Provide the Consortium with furniture and telephones provided, however, nothing herein shall obligate the District to furnish such items if not available or to replace such items, nor shall the District be obligated to furnish telephone service to the Consortium, the cost of which will be incurred by the Consortium.

c. Permit the Consortium to use of the areas during all times the Facility is opened according to a schedule determined solely by the District.

d. Provide the Consortium with information, training, and resources needed to be an integral part of the comprehensive education plan and incorporated into the Academic Intervention Services of the district and school buildings.

e. Work cooperatively with the Consortium in the overall planning, conduct, and evaluation of the program.

f. Give to the designated staff of the Consortium information, training and planning opportunities and any other resources to ensure the Consortium will support and enhance local strategies.

g. Participate in Consortium and Advisory committee meetings to support school based activities.

h. Work with the Consortium and staff as needed to implement the program.

i. Inform school district personnel and students about the purpose and goals of the Niagara Liberty Consortium.

j. Authorize and facilitate the participation of school personnel in Consortium activities.

k. Provide authorized Consortium staff access to student transcripts, report cards, interim progress reports, examination results, attendance and disciplinary files, and any other records necessary to meet student needs and complete required reports, provided such access is in accordance with all laws and regulations including to and not limited to such laws and regulations pertaining to the confidentiality of personal information.

l. Identify and recommend eligible students for enrollment into the Consortium.

2. The Consortium agrees to:

a. Provide comprehensive pre-collegiate and school dropout prevention services to 200 students enrolled in the District.

b. Provide tutoring, mentoring, special enrichment classes and case management services based upon needs identified by recommendations from the school and information from testing, transcripts, and attendance history. Parent request will also be considered.

c. Work with the business community to develop career exploration opportunities and mentor relationships for enrolled students.

d. Consult and inform the District school administration and personnel assigned to work with the Consortium of the overall planning and implementation of the program.

e. Consult on a regular basis with appropriate school personnel about the progress of each Niagara Liberty Consortium student.

f. Work with parents to encourage positive reinforcement of students’ efforts to stay in school.

g. Focus program activities on preparing students for successful transition into postsecondary education and /or entry-level careers upon graduation from high school with additional goal of having exemplary completion rates among Consortium alumni pursuing postsecondary education.

h. Provide an advisor to plan and implement the program.

3. Consortium shall hold the District harmless from any and all legal actions, damages, losses, liability and expense for bodily or personal injury, loss of life and/or property damage arising out of the Consortium’s uses and occupancy of the area and/or program activities and services occasioned wholly or in part by any act or omission of the Consortium, its agents, servants, employees, patrons, members, volunteers, contractors, or others claiming and using the premises through the Consortium and/or participating in the Consortium’s programs and services

4. During the term of this Agreement and any extension hereof, maintain in effect and pay the premium for public liability and casualty insurance naming the District, 4455 Porter Road, Inc., City of Niagara Falls, New York and the New York Power Authority as additional parties insured in such amounts acceptable to the District. The insurance shall be written by a company acceptable to the District.

The Consortium shall furnish the District with certificates of such insurance,

which certificates shall provide among other things that the insurance shall not be canceled except upon thirty (30) days prior written notice to the District.

5. The District shall have the right to enter in and upon said area at all hours of the day during any term of this Agreement for any purpose whatsoever, but shall make reasonable effort not to disturb the area or disrupt the operations of the Consortium. .

6. At the expiration of this Agreement, the Consortium will quit and surrender the area in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted.

7. Consortium shall comply with all laws and regulations including but not limited to such laws and regulations relating to clearance of individuals for service in public schools of New York State.

8. The initial term of this Agreement shall be May 18, 2006 through June 30, 2007.

Notwithstanding the foregoing, either party may terminate this Agreement at any time and for good reason upon giving the other party ninety (90) days written notice of its intent to so terminate, and this Agreement shall terminate ninety (90) days from the date of said notice.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above set forth.

School District of the Niagara Liberty Consortium

City of Niagara Falls, New York

By: ______ By: President President, Niagara Community

College

By : __________________________

President, Niagara University

STATE OF NEW YORK)

):ss

COUNTY OF NIAGARA)

On this       day of May, 2006, before me personally came Russell Petrozzi, to me personally known, who, being by me duly sworn, did depose and say that he resides at 2557 Parkview Drive, Niagara Falls, NY 14301, that he is the President of the Board of Education of SCHOOL DISTRICT OF THE CITY OF NIAGARA FALLS, NEW YORK, described in and which executed this AGREEMENT, and that he signed his name to this Agreement by order of the Board of Education of said district.

Notary Public

STATE OF NEW YORK)

):ss

COUNTY OF NIAGARA)

On this       day of May, 2006, before me personally came to me personally known, who, being by me duly sworn, did depose and say that (s)he resides at       , that (s)he is the President of NIAGARA COMMUNITY COLLEGE described in and which executed the foregoing instrument, and that (s)he signed his/her name thereto by order of its board.

Notary Public

STATE OF NEW YORK)

):ss

COUNTY OF NIAGARA)

On this       day of May, 2006, before me personally came to me personally known, who, being by me duly sworn, did depose and say that (s)he resides at       , that (s)he is the President of NIAGARA UNIVERSITY described in and which executed the foregoing instrument, and that (s)he signed his/her name thereto by order of its board.

Notary Public

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