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INTRODUCTION

Emergencies and violent incidents in school districts are critical issues that must be addressed in an expeditious and effective manner. School districts are required to develop a District-Wide School Safety Plan designed to prevent or minimize the effects of serious violent incidents and emergencies and to facilitate the coordination of the district with local and county resources in the event of such incidents or emergencies. The Florida UFSD District-Wide Safety Plan is responsive to the needs of all schools within the district and is consistent with the more detailed Emergency Management Operations Plan required at the school building level. School districts are at risk of a wide variety of acts of violence, natural, and technological disasters. To address these threats, the State of New York has enacted the Safe Schools Against Violence in Education (SAVE) law. This component of Project SAVE is a comprehensive planning effort that addresses risk reduction/prevention, response, and recovery with respect to a variety of emergencies in the school district and its schools.

The Florida UFSD supports the SAVE Legislation, and intends to engage in a planning process. The Superintendent of Schools encourages and advocates on-going district-wide cooperation and support of Project SAVE.

Section I:  General Considerations and Planning Guidelines

A.  Purpose

The District-wide School Safety Plan was developed pursuant to Commissioner’s Regulation 155.17.  At the direction of the School District Board of Education, the Superintendent of School District appointed a District-wide School Safety Team and charged it with the development and maintenance of the District-wide School Safety Plan.

B.  Identification of School Teams

The Florida Union Free School District (UFSD) has appointed a District-Wide School Safety Team consisting of, but not limited to, representatives of the School Board, students, teachers, administrators, parent organizations; school safety personnel; and, other school personnel. The District-Wide School Safety Team consists of the following positions or affiliations:

• Superintendent
• Director of Instructional Services
• School Business Official
• School Principals
• Supervisor of Pupil Personnel Services
• Supervisor of Buildings and Grounds
• Board of Education Designee
• Teachers’ Union Representative
• Support Staff Representative
• Students
• Local BOCES Representative
• PTA Representative
• PTSA Representative
• Fire Chief
• Local Police Chief
  

  C.  Concept of Operations

• The District-Wide School Safety Plan is directly linked to the individual Building-Level Emergency Management Operations Plan for each of the school buildings. Protocols reflected in the District-Wide School Safety Plan will guide the development and implementation of the individual Building-Level Emergency Management Operations Plan.
• In the event of an emergency or violent incident, the initial response to all emergencies at an individual school will be by that school’s Building Principal or Designee.
•  With authorization from the Building Principal or Designee and or the Superintendent of Schools, local emergency response personnel (fire/police/EMS) shall be notified. If deemed necessary by the Building Principal or Designee and or the Superintendent of Schools, activation of the building Emergency Response Team shall take place.
• Additional local/county/state resources could supplement the district efforts through existing protocols or emergency response actions, including post incident response, may be supplemented by county and state resources through existing protocols.

Plan Review and Public Comment

• Pursuant to Commissioner’s Regulation, Section 155.17 (e) (3), this plan was made available for public comment 30 days prior to its adoption. The District-Wide Plan was adopted by the School Board after one public hearing that provided for the participation of school personnel, parents, students, and any other interested parties. The plan was formally adopted by the Board of Education on July 19, 2001.
• Full copies of the District-Wide School Safety Plan were submitted to the New York State Education Department within 30 days of its adoption. The Building-Level Emergency Management Operations Plan was submitted to local and state police within 30 days of its adoption.
• This plan is reviewed periodically during the year and is maintained by the District-Wide Safety Team. The required annual review is completed on or before July 1 of each year. A copy of the plan is available in the Office of the District Superintendent.
• While linked to the District-Wide School Safety Plan, the Building-Level Emergency Management Operations Plan shall be confidential and shall not be subject to disclosure under Article 6 of the Public Officers law or any other provision of law in accordance with Education Law Section 2801 – a.

Section II: Risk Reduction/Prevention and Intervention

A.  Prevention / Intervention Strategies and Strategies/Program Initiatives

Note: Risk Reduction/Prevention and Intervention are comprised of activities that are taken prior to an emergency or disaster to eliminate the possibility of the occurrence, or reduce the impact of such emergency if it does occur.

Prevention/Intervention Strategies

Listed below are documents, programs and activities the Florida UFSD has developed and utilizes in support of the prevention of violence, as well as attempted early intervention to prevent escalation of deteriorating personal or group problems.

Student Rules (Code of Conduct)

The Florida UFSD has revised the student Code of Conduct, which was approved by the Board of Education on September 17, 2020. This document clearly defines the long-standing set of expectations for conduct on school property and at school functions.  These expectations are based on the principles of civility, mutual respect, citizenship, character, tolerance, honesty and integrity.  This Code of Conduct identifies possible consequences of unacceptable conduct, and ensures that discipline, when necessary, is administered promptly and fairly.

Anti-Bullying and Anti-Gang Programs

• Positive Behavioral Interventions and Practices
• Choose Love Resources

Student Harassment and Bullying Prevention Intervention

• Dignity for All Students Act (DASA) proposal
• Title IX proposal

Extended Day and/or after school activities

There  are many after school clubs that help give our students a chance to further develop their interests and develop leadership skills.  Presently, our Golden Hill Elementary after school clubs include, but are not limited to:  YMCA Club, AIS.  S.S. Seward Institute activities and clubs include, but are not limited to: Diversity, National Honor Society ,Band, Baseball , Photography Club, Basketball , School Newspaper , Chess Club, Science Research Club, Chorus, Senior Enrichment , Cooking Club, Ski Club, Cross Country,  Soccer, Debate Team,  Softball, Drama Club,  Spanish Club, Fine Arts Club, Video Club, Volleyball, Student Council , Yearbook , Library Club, Youth Ending Hunger , Literary Magazine  and Youth in Government.

Other Program Initiatives

• National Incident Management System (NIMS) training for emergency response team members
• New York State School Safety Guide (2007)
• School Safety Plan Guidance (SAVE -2010)
• Collaboration with the Florida Police
• Florida UFSD support services (i.e. school psychologists, school social worker, school counselors) which can assist students with issues concerning: mental health (including suicide prevention), substance abuse, peer mediation, and/ or conflict resolution.
• Instruction in and support for social emotional learning, in order to promote competencies in our students’ self-awareness, self-management, social awareness, relationship skills, and decision-making.

Florida Union Free School District encourages students to report school violence and any symptoms of potentially violent behavior to counselors, principals, student coordinators, psychologists, and teachers or any other mentor without fear of retaliation by communicating this to all students at the beginning of the school year and periodically throughout the school year as appropriate.

B.  Training Requirements and Exercises

All district personnel (faculty, custodial staff, office staff and administrators) will receive an orientation to the districts multi-hazards emergency plans on an annual basis.  The orientation will focus on the district’s policies and procedures for fire evacuations and emergency response procedures, emergency communications and the district’s incident command system.  (Substitute Teachers and Teacher Aides will receive a fact sheet on the district’s policies and procedures upon initial assignment).  Building Administrators will be responsible for compliance.

1.  Emergency response procedures will be practiced on an annual basis as follows:

(Please note we will utilize the New York State Guide to School Emergency Response Planning; February 2015 language/protocol)

a.    Lock-Down
b.    Lock-Out
c.    Hold-In-Place
d.    Shelter-In-Place
e.    Evacuate

2.    Building evacuation procedures will be practiced a minimum of 12 times per school year.

These procedures will normally be tested and evaluated during the facilities fire evacuation drills.  Building Level Safety Committee’s will ensure that all rooms have evacuation routes posted, this not only includes classrooms but also all other rooms utilized by staff or student personnel.

3.    The district will conduct one early go-home drill to test its alerting and warning procedures, communications procedures, resources, staff procedures, transportation procedures, public information procedures, and evacuation procedures on an annual basis.

These drills have historically been attached to an evaluation of our emergency contact system through Orange-Ulster BOCES.

4.    The emergency plan for sheltering in the event of a severe weather threat such as a tornado or thunderstorm will be practiced on an annual basis to test alerting and warning procedures.

These include communications procedures, staff procedures and the movement of students to designated areas within the school building. The drills will be conducted by individual schools and evaluated by members of the Building Level Safety Committee.  The drill will be documented within their Safety Committee Meeting Minutes.

5.    The district will conduct one drill and/or table-top exercise with local law enforcement agencies and other emergency response agencies to practice and review its emergency procedures for a “violent incident” on an annual basis.

Following a program orientation, drill and/or exercise, participants are encouraged to forward their observations to their Volunteer Building Level Safety Committee/Team representative for further review and/or discussion.  If immediate action is needed, the Building’s Principal will be notified in order to take corrective action.  The Volunteer  Building Level Safety Committee/Team will review after-action reports and forward their findings, recommendations and suggestions, in writing, to the Volunteer District-Wide Safety Committee, via the Supervisor of Buildings and Grounds.

C.  School Security

The Florida UFSD is committed to providing a safe working and learning environment at each of its schools. To help ensure the personal safety of staff and students the following has been adopted.

1. Screening of potential new employees which includes:

• Providing a resume
• Providing three references
• Submit to a criminal history background check that includes fingerprinting (for all new employees hired after July 1, 2001)

2. Training of all current and new staff regarding violence prevention and intervention using the National Incident Management System (NIMS) training for Schools program or other similar programs that meet the stipulated guidelines and requirements.

Implementation of School Security

1. Every door will be accessible as an exit.
2. Only one main door is used for visitors to access the school building and is locked during school hours.
3. No visitor will be allowed access to the school building without having a practical reason.
4. All staff have been assigned Picture IDs.
5. Cameras have been installed at main entrance and other strategic locations to monitor various buildings.
6. A district-wide monitoring policy routinely utilizes existing staff to maintain a presence in hallways during passing times and maintain a presence in school parking lots at the beginning and end of school days.
7. The District has entered into Intermunicipal agreements with the Village of Florida Police Department and the Town of Warwick Police Department.  (See  memorandums of understanding )

(Additional security information is located in the Building-Level Emergency Management Operations Plan)

D.  School Resource Information (Vital Education Agency Information)

Each Building-Level Emergency Management Operations Plan will include the following information:

1. School population
2. Number of staff
3. Transportation needs
4. Business and home telephone numbers of key officials of each educational agency

The Building-Level School Safety Teams will insure that this information is updated routinely and is accurate.

E.  Early Detection of Potentially Violent Behaviors

The Florida UFSD will:

• Facilitate training for staff and students on specific policies regarding reporting of threats and conflicts, weapons, appropriate clothing and the clearly defined roles and responsibilities of all persons involved in the school setting.
• Announce and post the school’s safety policies against violence in visible areas of the school.

There are early warning signs in most cases of violence to self and others. Certain emotional and behavioral signs that, when viewed in context, can signal a troubled student. Teachers should be given a checklist of these signs that can be used to signal a student that may need help. The more signs a student exhibits, the more likely he/she may need intervention. Such early warning signs may include but are not limited to the following:

• Social withdrawal
• Excessive feelings of isolation
• Excessive feelings of rejection
• Being the victim of violence
•  Feeling of being picked on
• Low school interest and poor academic performance
• Expression of violence in writing and drawings
• Uncontrolled anger
• Patterns of impulsive, chronic hitting and bullying
• History of discipline problems
• History of violent and aggressive behavior
• Intolerance for differences and prejudicial attitudes
• Alcohol and drug usage
• Affiliation with gangs
• Inappropriate access / use of firearms
• Serious threats of violence

The above comes from the United States Department of Education’s “Early Warning, Timely Response” document. This information will be available for all staff relating to early identification of potentially violent behaviors.

1. Information will also be made available to parents / guardians on how to identify potentially violent behavior.
2. If a teacher or administrator feels help for a student is warranted, it will be discussed with the appropriate school personnel to determine the next step.
3. Interpersonal violence prevention education package will be taught as appropriate.
4. The District Superintendent will set specific time for the building principal(s) in conjunction with the Florida UFSD Professional Development Plan to organize activities of particular concern.

F.  Hazard Identification of Sites of Potential Emergencies

Potential hazards in the neighborhood and community are considered, such as facilities containing toxic, chemically reactive, and/or radioactive materials; high voltage power lines; transportation routes of vehicles including trucks and trains carrying hazardous materials; underground gas and oil pipelines; underground utility vaults and above-ground transformers; multi-story buildings vulnerable to damage or collapse; water towers and tanks; and other potentially hazardous sites in the community. The Florida UFSD has consulted with local emergency managers on the hazard analysis for the area in which the school district is located. The Florida UFSD has identified sites of potential internal and external emergencies and has included procedures within our Building Level plans for appropriate response actions.

Section III:  Response

A.  Notification and Activation (Internal and External Communications)

• Upon being notified of an emergency, the Building Principal or Designee will contact law or emergency personnel in accordance with stated response protocol and request the closes response agency to ensure that the response to the incident is as rapid as possible.
• In the event of an emergency, the Building Principal or Designee will notify all building occupants to take the appropriate protective action. Follow established procedures as listed in Building-Level Emergency Management Operations Plan.
• The following systems may be utilized as forms of communications:

Telephone
District Radio Systems
Intercom
Emergency Alert System
Fax / E-mail
NOAA Weather Radio
Local Media
School Messenger
School Web site

• Should parental and / or media notification be required. The school district will contact appropriate parents, guardians or persons in parental relation to the students/staff via media release, telephone contact, or others appropriate means in the event of a violent incident or early dismissal following the protocol listed in the Building-Level Emergency Management Operations Plan.

B.  Situational Responses

Multi – Hazard Responses

The district’s multi-hazard response plans for taking actions in the following emergencies are included in the Building-Level Emergency Management Operations Plan. They are as follows:

Criminal Offenses

Bomb Threat
Written Threats
Telephone / Verbal Threats
Suspicious Packages
Outside Facility
Evacuation for Bomb Threat
Shelter in Place for Bomb Threat
Bomb Threat Response Form
Civil Disturbance / Prison Break
Hostage Taking / Kidnapping
Intrusion
Suspected Student with a Weapon on Campus
School Shooting
Suicide Threat

Natural Hazards

Severe Thunderstorm / Tornado
Winter Storm / Ice Storm
Hurricane / Tropical Storm
Flood
Reservoir / Canal / Dam Failure
Earthquake

Technological Hazards

Mail Handling Protocol
Anthrax / Biological Threat On-Site
Biological Threat Off-Site
Air Pollution
Aircraft Crash
Gas Leak
Hazardous Material Incident – On Site
Hazardous Material lncident – Off Site
Radiological Incident
Water Emergency

Explosion and Fire

Explosion / Fire Emergency

Systems Failure

Building Structure Failure
Cyber Failure / Computer Loss
Electrical System Failure
Energy Supply Loss / Utility Restrictions
Heating System Failure
Sewage System Failure
Transportation Fleet Loss

Medical Emergencies

School Bus Accident (Off-Site)
Epidemic / Human Disease

C.  Responses to Acts of Violence / Implied or Direct Threats

The school district has adopted policies and procedures dealing with acts of violence and responses to acts of violence. These policies and procedures deal with the safety of the school community as well as the range of discipline of those making the threat or committing the acts of violence. The normal procedures to respond to implied or direct threats of violence will be:

• Use of staff trained in de-escalation or other strategies to diffuse the situation
• Inform building principal of implied or direct threat
• Determine level of threat with District Superintendent / Designee
• Contact appropriate law enforcement agency if necessary
• Monitor situation, adjust response as appropriate, include the possible use of the Emergency Response Team

D.  Responses to Acts of Violence

The Florida UFSD recognizes that appropriate response to acts of violence by students, teachers, other school personnel and visitors varies greatly depending upon the actual threat or act as well as the magnitude of such emergency. The Building-Level Emergency Management Operations Plan and Code of Conduct details the appropriate response to such emergencies utilizing the following procedure:

• The threat level will be determined
• If the situation warrants, the immediate area will be isolated and evacuated.
• Administration will be notified
• If necessary, lockdown procedures will be initiated and appropriate law enforcement officials will be notified
• The situation will be monitored and the appropriate response will be adjusted accordingly. If necessary, early dismissal, sheltering or evacuation procedures may be initiated.

E.  Response Protocols

The district recognizes that appropriate response to emergencies, such as bomb threats, intrusions, hostage takings and kidnappings, varies greatly depending on the situation. The Building-Level Emergency Management Operations Plan details the appropriate response to such emergencies utilizing the following protocols:

• Identification of the decision makers
• Determination of threat level
• Plans to safeguard students and staff
• Procedures to provide transportation, if necessary
• Procedures to notify parents
• Procedures to notify media
• Debriefing procedures

F.  Arrangements for Obtaining Emergency Assistance from Local Government

During emergencies, local government agencies, including emergency services, can be obtained by contacting the county Emergency Management Coordinator. The Incident Commander will authorize the request for assistance from these agencies:

• Florida Police Department:    (845) 651-7800
• Orange County:   911 or (845) 615-0400

G.  Procedures for Obtaining Advice and Assistance from Local Government Officials

If the nature of the emergency necessitates advice and/or assistance from local governmental officials, the Incident Commander will notify the county Emergency Management Coordinator at:

Orange County:  911 or (845) 615-0400

and/or the highest ranking local governmental official for obtaining the advice and assistance. The district resources, which may be available during an emergency, include the following but no limited to:

Red Cross
Fire Department
Police
Private Industry
Private Individuals
Religious Organizations
NYS Dept. of Environmental Conservation
NYS Dept. of Transportation
NYS Dept. of Health
Village /Town Officials
State Emergency Management Office (SEMO)
Other

Specific resources are identified in the Building-Level Emergency Management Operations Plan.

H.  District Resources Available for Use in an Emergency

The district has committed the full inventory of its resources to be available for use during an emergency. These resources will be utilized in line with the Building-Level Emergency Management Operations Plan as deemed appropriate by the Incident Commander. Specific resources are identified in the Building-Level Emergency Management Operations Plan.

I.  Procedures to Coordinate the Use of School District Resources and Manpower during Emergencies

The district uses the Incident Command system model for emergency actions. For district-wide emergencies the incident commander will be the Superintendent or designee. In building-level emergencies, the administrator in charge or designee will act as the Incident Commander. The Incident Commander is authorized to activate such resources and personnel as are appropriate to the incident. The Incident Commander is empowered to render such decisions as may be necessary in keeping with the response actions as identified in the Building-Level Emergency Management Operations Plan.

J.  Protective Action Options

Depending on the emergency, response actions may include:

• School cancellation
• Early dismissal
• Evacuation
• Sheltering sites

Refer to detailed response action guidelines in the Building-Level Emergency Management Operations Plan.

Section IV:  Recovery

A.  District Support for Buildings

After a critical incident has occurred, the District is committed to a thorough and comprehensive recovery for students, staff, and families. To achieve this goal, the Post Incident Response Team should consider the following steps:

Step 1:     Consult with administrators and others to:

• Determine advisability of team involvement
• Determine nature of team involvement
• If team is needed, acquire release from currently assigned responsibility
• Inform Superintendent of nature of incident

Step 2:    Acquire facts and circumstances as to the nature of the trauma/loss

Step 3:    Determine those groups and/or individuals most affected by the trauma/loss (target population)

Step 4:    Assist building administrator in the following:

• Arrange for staff meeting
• Formulate staff meeting agenda
• Dissemination of information to staff, parents, students, media, etc. (e.g., letters, etc.)
• Determine logistical needs (e.g., work space, crisis center, counseling rooms, class schedules, etc.)

Step 5:    Assignment of team members and other staff to individual tasks

Step 6:    Provide Crisis Team Services

• Conduct faculty meeting with all building staff
• Provide educational information to teachers to be used in class
• Conduct classroom meetings with Team member and teacher in seriously affected classes
• Assess needs and arrange for follow-up meetings with individuals and small groups
• End of day staff meeting to update staff and administrator and plan for next day
• Crisis Team “debriefing” at the end of day
• Provide substitutes and aides as back-up staff for teachers
• Offer a separate room for parent contact, if necessary
• Crisis workers in offices to aid office staff to deal with parents’ telephone calls and questions

              Remind staff about “Teachable Moments”

• Death and grief education
• Personal safety
• Sorting rumor from fact
• Anatomy of the injury (e.g., what type, extent, what it means)

Step 7:    Assist in creating a committee that can coordinate and plan for memorial contributions, expressions of sympathy, scholarship funds, etc., should be composed of staff students, and parents

Step 8:    Follow-up plans for ending Crisis Team involvement

• Staff meeting
• Alert staff to individual staff questions and needs
• Respond to individual staff questions and needs
• Provide feedback to teachers regarding individual student needs referral of literature
• Refer students and others to appropriate building personnel or other helping resources in the community
• Arrange for meeting with Crisis Response Team to determine effectiveness of the Crisis Response Plan in addressing the needs in this particular incident.

B.  Disaster Mental Health Services

The District will work closely with local mental health services to:

• Provide services to children and families that are appropriate for the type emergency/disaster
• Assess condition and immediate needs of children and family including food, shelter, clothing, medical treatment
• Follow-up on referrals
• Decrease the internal and external stressors which affect the children and family
• Provide opportunities for children and families to verbalize their feelings and provide emotional support to aid recovery
• Guide the family through the emergency/disaster and provide tools and techniques for the family to help themselves to recover

CHAIN OF COMMAND

The Florida Union Free School District Superintendent will be responsible for designation of response actions necessary to cope with an emergency.

Superintendent of Schools
Office:  (845) 651-3095, Ext. 40010

In the event the District Superintendent is not available, the response action designation responsibility shall be delegated as follows:

Director of Instructional Services
Dana Castine
Office:  (845) 651-3095, Ext. 30006

Director of Facilities
Robert Grassi
Office:  (845) 651-3095, Ext. 30002

School Business Official
Laurie Catal
Office:  (845) 651-3095, Ext. 40035

Supervisor of Pupil Personnel Services
Jeanne-Marie Pavlik
Office:  (845) 651-3095, Ext. 40020

BUILDING ADMINISTRATION

Samuel S. Seward Institute/High School Principal
Michael Maesano
Office:  (845) 651-3095, Ext. 30132

Samuel S. Seward Institute/Assistant School Principal
Amanda Collins
Office:  (845) 651-3095, Ext. 30132

Golden Hill Elementary School/Principal
Deborah Lisack
Office:  (845) 651-3095, Ext. 20055

ALL EMERGENCIES

FOR FIRE, POLICE & AMBULANCE
DIAL 911 or Non-emergency 845-651-7800

 

MUNICIPAL COOPERATIVE AGREEMENT BETWEEN COUNTY OF ORANGE AND FLORIDA UNION FREE SCHOOL DISTRICT FOR THE PROVISION OF DEPUTY SHERIFFS

 

THIS MUNICIPAL COOPERATIVE AGREEMENT (“Agreement”) dated as of July 1, 2022 is entered into by the COUNTY OF ORANGE, a municipal corporation organized and existing under the laws of the State of New York, with offices at 110 Wells Farm Road, Goshen, New York, 10924 (“County“), by and through its Orange County Sheriffs Office (“OCSO” and OCSO may be included in references to County), and the FLORIDA UNION FREE SCHOOL DISTRICT, a municipal corporation organized and existing under the laws of the State of New York, with offices located 51 North Main Street, Florida, NY 10921 (“School District“). The County and School District are hereinafter individually referred to as a “Party” and collectively, the “Parties.”

WHEREAS, School District is desirous of obtaining the services of Deputy Sheriffs employed by the County on a part-time basis to promote the goals and objectives set forth in this Agreement (“School Safety Program“); and

WHEREAS, the County is willing to provide such services on the terms and conditions set forth in this Agreement; and

NOW THEREFORE, in consideration of the mutual provisions and covenants recited herein, it is hereby agreed by and between the County and the School District as follows:

1. INCORPORATION OF RECITALS. The Recitals set forth above are true and correct and are hereby incorporated into this Agreement as if set forth at length herein.
2. GOALS AND OBJECTIVES. School District and County, in conjunction with the OCSO, establish the following goals and objectives for the School Safety Program:
   a. To assist in maintaining a safe campus environment that will be conducive to learning at the School District campus(es).
   b. To create unity between law enforcement and School District officials.
   c. To improve relationships between law enforcement, school, community and the students of the School District.
   d. To serve as consultants to the School District’s staff, parents, and students on safety matters, and any other matters that will provide a better environment for the students and the teachers to pursue their respective tasks; and
   e. For law enforcement to serve as role models for students.
3. PROVISION OF SHERIFFS.
   1. PROVISION OF DEPUTY SHERIFFS. on the terms and conditions set forth in this Agreement, the County, through OCSO, will provide a sufficient number of part-time Deputy Sheriffs (each of which will work no more than forty (40) hours bi-weekly) necessary to provide coverage at the following School District campus(es) during the September through June school year annually (“School Year“) and/or the extended school year of July through August (“Extended School Year“):

CAMPUS NAME	ADDRESS	SCHOOL YEAR (check if applicable)	EXTENDED SCHOOL YEAR (check if applicable)
Golden Hill Elementa School	478 Round Hill Rd. Florida, New York	X
S.S. Seward Institute	53 North Main St. Florida, New York	X

b. NON-EXCLUSIVITY. The Deputy Sheriffs participating in the School Safety Program may perform other duties for the County and/or OCSO when not participating in the School Safety Program.

c. OUALIFICATIONS. Those Deputy Sheriffs participating in the School Safety Program shall be sworn Deputy Sheriffs, and possess the requisite knowledge, experience, training, education, appearance, attitude, communications skills, and demeanor.

d. SELECTION. The Deputy Sheriffs participating in the School Safety Program will be chosen by the Orange County Sheriff (or his/her designee) and subject to removal for cause on mutual agreement of the School District and the OCSO in accordance with the terms and conditions of this Section 3(d). If the Superintendent of the School District (or his/her designee) is dissatisfied with the performance of a Deputy Sheriff’s duties and/or responsibilities hereunder, the Superintendent of the School District shall notify the Orange County Sheriff (or his/her designee) and request a meeting to discuss the basis of the dissatisfaction. If the issue(s) raised by the School District Superintendent are not satisfactorily resolved during this meeting, the Superintendent of the School District (or his/her designee) may request that the Deputy Sheriff be reassigned and request that another individual be assigned to serve in that position, which request will be accommodated if the OCSO’s staffing can accommodate such reassignment; otherwise School District may terminate this Agreement for convenience in the manner provided for in Section 15(b) hereof.

e. EMPLOYMENT STATUS• DEPUTY SHERIFF DISCIPLNE• CHAIN OF COMMAND OF DEPUTY SHERIFFS. The Deputy Sheriffs participating in the School safety Program are employees of the County and remain responsive to the OCSO chain of command. Deputy Sheriffs participating in the School Safety Program are governed by Office Rules and Regulations relating to Orange County Deputy Sheriffs. The Orange County Sheriff (or his/her designee) will oversee all issues of discipline and hear all complaints regarding the individuals serving as a Deputy Sheriff in the School Safety Program. The County and OCSO possess all authority with respect to the Deputy Sheriffs’ employment status, civil service laws and the governing collective bargaining agreement(s).

f. EMERGENCY REASSIGNMENTS. In the event of an emergency, in the sole and absolute opinion of the Orange County Sheriff (or his/her designee), the Deputy Sheriffs participating in the School Safety Program may be temporarily reassigned by the OCSO.

g. SCHOOL DISCIPLINE. Under no circumstances shall a Deputy Sheriff be a school disciplinarian. The Deputy Sheriffs participating in the School Safety Program will not be involved in the enforcement of disciplinary infractions that do not constitute violations of law. The role of school discipline is expressly delegated and reserved to appropriate School District administration who shall administer school discipline in accordance with the School District’s districtwide safety plan and the School District’s code of conduct. The Deputy Sheriffs shall read and be familiar with the School District’s code of conduct, however the Deputy Sheriffs participating in the School Safety Program shall not serve as a school disciplinarian, as an enforcer of School District rules, or in place of the School District’s school-based mental health providers.

4. DESIGNATION OF SINGLE POINTS OF CONTACT
   1. SCHOOL DISTRICT SINGLE POINT OF CONTACT. School District hereby designates the following individual as the School District’s administrative single point of contact (“School District SPOC“) for recordkeeping communications under this Agreement as contemplated in Section 7 hereof:
      1. School District SPOC:
         1. Name:
         2. Title: Superintendent of Schools
         3. Email:
         4. Phone: (845) 651-3095
      2. OCSO SNGLE POINT OF CONTACT. The OCSO hereby designates the following individual as the OCSO’s administrative single point of contact (“OCSO SPOC“) for recordkeeping communications under this Agreement as contemplated in Section 7 of this Agreement:
         1. OCSO SPOC:
            1. Name: Alicia Albertson
            2. Title: Secretary/Administrative Assistant
            3. Email: aalbertson@orangecountygov.com
            4. Phone: 845-615-3904

5. COMPENSATION OF DEPUTY SHERIFFS BY COUNTY The County shall pay the Deputy Sheriffs who participate in the School Safety Program all wages and/or fringe benefits earned by them as evidenced by records maintained in accordance with Section 7 of this Agreement together with all taxes and other government mandated charges related to those wages and fringe benefits, if any. At all times during the Term (as defined in Section 14 hereof), the County shall be the sole employer of the Deputy Sheriffs. As the employer, the County will: (i) maintain all necessary personnel and payroll records for the Deputy Sheriffs; (ii) calculate their wages and withhold taxes and other government mandated charges, if any; (iii) remit such taxes and charges to the appropriate government entity; (iv) pay net wages and fringe benefits, if any, directly to the Deputy Sheriffs; and (v) provide workers’ compensation, disability insurance, unemployment insurance and other insurance coverage to the extent and in such amounts as required by law or contract.
6. SCHOOL DISTRICT REIMBURSEMENT OF COMPENSATION PAID BY COUNTY AND PAYMENT TERMS. School District will reimburse the County for all costs paid to, or on behalf of, the Deputy Sheriffs that participate in the School Safety Program that are assigned to the School District’s campus(es), including all wages, fringe benefits, taxes and other government mandated charges related to those wages and fringe benefits. School District shall pay the County on any invoices it receives pursuant to Section 7(c)(iii) net thirty (30) calendar days from receipt of invoice from the County
7. RECORDKEEPING AND INVOICING.
   1. SCHOOL DISTRICT CALENDAR. No later than July 1^st annually during the Term of this Agreement (or upon full execution of this Agreement should full execution occur after July 1^st of the year in which this Agreement is fully executed), the School District SPOC shall email to the OCSO SPOC the School District’s calendar for the upcoming school year.
   2. CHANGES TO SCHOOL DISTRICT CALENDAR AND CLOSNGS. As soon as reasonably practicable, but no later than two (2) business days following a change in the School District calendar provided to the OCSO SPOC in accordance with Section 7(a) above, the School District SPOC shall notify the OCSO SPOC of changes in the School District calendar. Changes in the School District calendar include, but are not limited to closings, delays, and/or early dismissals for weather in addition to added or deleted dates of attendance on the School District calendar. School District acknowledges and agrees that the Deputy Sheriffs participating in the School Safety Program assigned to the School District’s campus(es) will work an eight (8) hour day unless the School District SPOC provides written notice to the OCSO SPOC by email of a change in the calendar as contemplated above. Further, if an event or incident requires the Deputy Sheriffs to remain on campus more than eight (8) hours in a day, the School District SPOC will report such activity in an email to the OCSO SPOC within two (2) business days of the day on which the Deputy Sheriff worked the additional hours.
   3. TIMEKEEPNG RECORDS.
      1. School District Timekeeping. The School District shall maintain for its records a timekeeping system, whether it is electronic or manual timesheets, that tracks each Deputy Sheriffs time worked at the School District’s campus(es).
      2. Deputy Sheriff Reporting. The OCSO will require the Deputy Sheriffs participating in the School Safety Program to track their hours worked at the School District using Excel in a sheet approved by the OCSO, which Excel sheet will be emailed by each such Deputy Sheriff to their immediate supervisor, the OCSO SPOC and the School District SPOC on a biweekly basis consistent with the County’s payroll periods.
      3. OCSO Invoicing of School District. The OCSO SPOC will invoice the School District quarterly in arrears for all costs of the Deputy Sheriffs that participate in the School Safety Program and are assigned to the School District, including all wages and fringe benefits paid to said Deputy Sheriffs and all taxes and other government mandated charges related to those wages and fringe benefits, if any as contemplated by Section 5 hereof. Such invoices will be emailed by the OCSO SPOC to the School District SPOC.

8. TACTICAL WEAPONS.
   1. ISSUANCE OF WEAPONS. OCSO may issue the Deputy Sheriffs tactical weapons for use while participating in the School Safety Program. Such weapons will be maintained consistent with the OCSO Office’s Rules and Regulations. County will maintain insurance coverage for the tactical weapons. Upon School District’s written request, the County will provide School District with a certificate of insurance evidencing the insurance coverage for the tactical weapons.
   2. DOCUMENTATION RELATED TO TACTICAL WEAPONS. School District may requestdocumentation regarding the tactical weapons, which documentation shall not be unreasonably withheld. Loading and unloading of the tactical weapons will be done only in designated areas by the Deputy Sheriff(s). The tactical weapons will be examined and cleaned at least once a month. If any problems with any of the tactical weapons are discovered during that examination, it will be immediately reported to the OCSO and School District. A full inspection of each tactical weapon will be conducted annually by a designee of the OCSO to determine its condition, safety, and reliability. Any tactical weapon found to be broken, worn or missing parts will be removed from service until repaired or replaced. Documentary proof of said monthly examinations and inspection shall be provided to School District upon its written request.
9. TRAINING OF DEPUTY SHERIFFS. OCSO shall provide in-service training to the Deputy Sheriffs participating in the School Safety Program to enable the Deputy Sheriffs assigned to the School District’s campus(es) to function efficiently. School District shall train the Deputy Sheriffs on school policies, Family Educational Rights and Privacy Act (“FERPA“), Section 2-d Education Law data privacy and security and applicable regulations and procedures all as may be amended during the Term of this Agreement and may provide training in other matters relating to students and their safety.
10. COUNTY VEHICLES REIMBURSEMENT. If School District requests a County vehicle for use by the Deputy Sheriffs participating in the School Safety Program at the School District campus(es), School District shall be responsible for all costs for the use and operation of such vehicle, which includes, but is not limited to, all costs associated with use, maintenance, fuel, and repairs (“Vehicle Operational Costs.”) All requests for a vehicle for use by the Deputy Sheriffs shall be made by School District in writing by email to the OCSO SPOC and are subject to the approval of the Orange County Sheriff (or his/her designee). School District agrees to reimburse the County for all Vehicle Operational Costs. Reimbursement for such Vehicle Operational Costs shall be made by School District to the County net thirty (30) calendar days from receipt of invoice from the OCSO SPOC.
11. MATERIALS AND FACILITIES PROVIDED BY SCHOOL DISTRICT. School District shall provide the Deputy Sheriffs participating in the School Safety Program with the following materials and facilities during the Term (as defined in Section 14 of this Agreement):
    a. Access to a properly lit private office equipped with a desk with drawers, chair, filing cabinet, office supplies, and a computer with Internet service and email, which office as equipped shall only be used only when performing duties in furtherance of this Agreement; and
    b. A location where files and records may be stored, which location can be locked and secured.
12. INSURANCE. The School District and the County each agree to maintain during the Term of this Agreement, at their respective sole cost and expense, a general comprehensive liability insurance policy covering personal injury and property damage in the amount of FIVE MILLION ($5,000,000.00) DOLLARS. Upon the written request of a Party, the other Party will provide certificates of insurance evidencing such coverage.
13. INDEMNIFICATION.
    a. BY THE COUNTY. To the fullest extent permitted by law, the County shall protect, indemnify and hold harmless School District, its employees and agents, from and against any and all liabilities, losses, claims, damages, judgments, penalties, causes of action, costs and expenses (including, without limitation, attorneys’ fees and expenses) imposed upon, or incurred by, or asserted against School District, resulting from, arising out of, or relating to the County’s performance of this Agreement, except when such liabilities, losses, claims, damages, judgments, penalties, causes of action, costs and expenses arise solely out of the conduct or omission of School District, its employees and agents.
    b. BY SCHOOL DISTRICT. To the fullest extent permitted by law, School District shall protect, indemnify and hold harmless the County, its employees and agents, from and against any and all liabilities, losses, claims, damages, judgments, penalties, causes of action, costs and expenses (including, without limitation, attorneys’ fees and expenses) imposed upon, or incurred by, or asserted against the County, resulting from, arising out of, or relating to the School District’s performance of this Agreement, except when such liabilities, losses, claims, damages, judgments, penalties, causes of action, costs and expenses arise solely out of the conduct or omission of the County, its employees and agents.
    c. SURVIVAL. The obligations under this Section 13 shall survive any expiration or termination of this Agreement and shall not be limited by any remuneration herein or insurance coverage.
14. TERM. Subject to Section 15 hereof, this Agreement shall be effective September l, 2022 and end June 30, 2024 (“Term”).
15. TERMINATION
    a. TERMINATION FOR DEFAULT.
    1. Default: Opportunity to Cure. If either Party fails to perform, keep or observe any material term, provision, condition, covenant or agreement of this Agreement, the other Party may consider that Party to be in default (unless a Force Majeure causes the failure as contemplated by Section 17(c) of this Agreement) and may assert a default claim by giving the defaulting Party a written and detailed notice of default delivered in the manner provided for in Section 17(a) hereof. Except for a default by School District for failing to timely pay any amount when due under this Agreement, which the School District shall have ten (10) calendar days after delivery of the written notice of default for non-payment to cure, the defaulting Party will have thirty (30) calendar days after delivery of the notice of default in accordance with Section 17(a) hereof to cure said default. If the default is not curable within thirty (30) calendar days after delivery of the notice of default, the defaulting Party must provide the other Party with a written and detailed cure plan, which plan shall be delivered in the manner provided in Section 17(a) hereof. The defaulting Party will begin implementing the cure plan immediately after delivery of written notice (with delivery being determined in accordance with Section 17(a) hereof) by the nondefaulting Party that it approves the plan. In the event the Parties cannot agree upon a cure plan despite good faith efforts, the non-defaulting Party may deliver in the manner provided for in Section 17(a) hereof a written notice of termination effective ten (10) calendar days from the date of delivery (with delivery being determined in accordance with Section 17(a) hereof).
    2. Failure to Cure._ Termination for Default. If the defaulting Party fails to cure the default as provided in Section 15(a)(i) above, unless otherwise agreed to in writing signed by both Parties, the non-defaulting Party may immediately terminate this Agreement
       
       b. FOR CONVENIENCE. In addition to termination for default as provided in Section 15(a), either Party may, on ninety (90) calendar days prior written notice to the other Party delivered in the manner provided for in Section 17(a) hereof terminate this Agreement at any time for its convenience. In the event School District terminates this Agreement under this Section 15(b), School District will pay the County all amounts due and owing for the use of Deputy Sheriffs in the School Safety Program through the date of such termination.

16. SEXUAL HARASSMENT CERTIFICATION. Pursuant to the New York State Finance Law §139-1, by execution of this Agreement, the School District and the individual signing this Agreement on behalf of the School District certifies, under penalty of perjury, that the School District has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of Section 201 -g of the New York State Labor Law. A model policy and training has been created by the New York State Department of Labor and can be found on its website at:

https://www.ny.gov/programs/combating-sexual-harassment-work lace

The County’s policy against sexual harassment and other unlawful discrimination and harassment in the workplace can be found on the County’s website at:

https ://www.orangecountygov.com/1137/Human-Resources

17 .  GENERAL PROVISIONS .

a. NOTICE PROVISION. Except for those recordkeeping communications exchanged between the School District SPOC and the OCSO SPOC as contemplated by Sections 7 and 10 of this Agreement, all notices, consents, demands, requests, approvals, or any other communications required or permitted to be given under this Agreement by one Party to the other Party shall be made in writing, and shall be deemed to have been given on the date of delivery or refusal if personally served on the Party to whom notice is to be given; or on the next business day, if sent prepaid to the Party to whom notice is to be given, by overnight mail from a nationally recognized private courier providing evidence of receipt and properly addressed; or on the third business day after mailing, if mailed to the Party to whom notice shall be given by First Class, Certified Mail, postage prepaid and properly addressed to the following:

If to School District:

Florida Union Free School District
51 North Main Street – P.O. Box 757
Florida, NY 10921
Attn: Superintendent of School

If to County:

COUNTY OF ORANGE
Orange County Sheriffs Office
110 Wells Farm Road
Goshen, New York 10924 Attn: Undersheriff Weed

With a copy to:

COUNTY OF ORANGE
255 Main Street
Goshen, New York 10924
Attn: County Attorney

and/or to such other addresses and/or addressees as may be designated by notice given in accordance with the provision of this Section 1 7(a).

b. COMPLIANCE WITH LAWS.

1. 1. Applicable Laws. In connection with the performance of this Agreement, the County and School District will comply with all applicable laws, regulations, and orders, including, but not limited to, equal employment opportunity laws and regulations, the Fair Labor Standards Act, Education Law, and Labor Law of the State of New York, all as may be amended during the Term.
   2. Confidentiality Laws. In connection with the performance of this Agreement, the County and School District will comply with all applicable federal and state confidentiality statutes, including, but not limited to, FERPA to the same extent that FERPA must be complied with by School District and Section 2-d, New York State Education Law. The obligation to preserve the confidentiality of student information shall survive the expiration or termination of this Agreement.

c. FORCE MAJEURE. A Party shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.

d. NO ASSIGNMENT. Neither Party shall assign, transfer, subcontract, or convey any of its rights, obligations, or interests under this Agreement without the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed. Copies of all documentation pertaining to any assignment, transfer, subcontract, or conveyance of this Agreement shall be provided to the other Party. Any assignment, transfer, subcontract, conveyance, or other disposition without such prior written consent shall be void.

e. WAIVER . The failure of cither Party to insist in any one or more instance upon the strict performance of any one or more of the obligations under this Agreement, or to exercise any election herein contained, shall not be construed as a waiver or relinquishment for the future of the performance of such one or more obligations of this Agreement or of the right to exercise such election, but the same shall continue and remain in full force and effect with respect to any subsequent breach or omission.

f. SEVERABILITY. In the event any provision of this Agreement shall be or become invalid under any provision of federal, state, or local law, such invalidity shall not affect the validity or enforceability of any other provision hereof.

g. HEADINGS FOR REFERENCE ONLY. Headings and subheadings in this Agreement are included for convenient of reference only and shall not to be considered in construing the corresponding text of this Agreement.

h. AMENDMENTS. This Agreement may only be modified by mutual consent of the County and School District, and any such modification shall be in writing.

i. GOVERNNG LAW: VENUE. This Agreement shall be governed by the laws of the State of New York. Any and all disputes involving this Agreement, including the breach or alleged breach thereof, may not be submitted to arbitration unless specifically agreed thereto in writing by the Parties, but must instead only be heard in the Supreme Court of the State of New York, with venue in Orange County or if appropriate, in the Federal District Court with venue in the Southern District of New York, White Plains division.

j. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the Parties concerning the subject matter hereof and all previous communications between the Parties, whether written or oral, with reference to the matter of this Agreement, are hereby superseded.

IN WITNESS THEREOF, the Parties hereto have executed this Agreement effective as of the date set forth below.

 

COUNTY OF ORANGE

 BY:                                                                

Stefan (“Steven”) M. Neuhaus
County Executive

 

 FLORIDA UNION FREE SCHOOL DISTRICT

 BY:

Superintendent

 

Public Health Emergency Pandemic Planning Appendix

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