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Contract 2018-1022018-102A Safe Schools Department Emergency Response and Crisis Management (ERCM) Plan Usage Agreement A. Name and Address of User Agency Agency d luMon i policit PIC Authorized Point of Contact L�{,`(((, W �60f) Q'6 0 Address 0 U. l.Uv Z1 r L Phone Number Fax Number E-mail Address tJ del ado GIcCmO,144\ - OC B. Definitions • School is defined as any public and/or conversion charter school belonging to the School Board of Lake County, Florida. • User Agency is defined as the School Board of Lake County, Florida, partners and local public safety agencies of Lake County, Florida. • Emergency Response and Crisis Management (ERCM) Plan is defined as the guide by which the School Board of Lake County, Florida, public and/or conversion charter schools, district partners, and the public safety agencies of Lake County, Florida manage the mitigation, preparation, response, and recovery of man-made and natural disasters affecting the District. C. Terms of Use Agreement By using the Emergency Response and Crisis Management Plan, the authorized school or user agency agrees to the terms of the Use of Agreement Clause. D. Copyright The School Board of Lake County, Florida retains the copyright to the Emergency Response and Crisis Management Plan materials delivered to the authorized school or user agency. E. Permitted Use The Emergency Response and Crisis Management Plan was developed by the Safe Schools Department for use by the School Board of Lake County, Florida public schools, law enforcement agencies, emergency management agencies, fire departments, public health agencies and other local emergency response agencies within the local community to provide assistance with School Board of Lake County, Florida, Emergency Response and Crisis Management Plan and locally tailored school based emergency plans. The school or user agency has limited reproduction rights within its school or agency for plan development, training of staff and participation in exercises and drills. The school or user agency must not modify, change, reproduce, distribute, or otherwise alter the Emergency Response and Crisis Management Plan without the permission of School Board of Lake County, Florida. F. Prohibited Use The school or user agency is prohibited from sharing, trading, selling, or otherwise making the Emergency Response and Crisis Management Plan available, either in modified or unmodified form, to outside organizations, systems or individuals. Any individual that receives the School Board of Lake County, Florida, Emergency Response and Crisis Management Plan must not use, share, trade, sell or otherwise make available, in modified or unmodified form, to outside organizations, system or individuals should their employment end with their respective agency. None of the material may be disdosed, including images, to a third party without the explicit written permission from the School Board of Lake County, Florida. It is the responsibility of the school or user agency to ensure that the Emergency Response and Crisis Management Plan is used in accordance with the Terms of Use Agreement. G. Use of Plan The School Board of Lake County, Florida is providing the Emergency Response and Crisis Management Plan for use as a guide in the development of fully integrated local school safety plans. These protocols are designed as a starting point to assist school and qualified emergency response officials in the development of customized school safety plans that are appropriate to address local risks, resources, needs and conditions. Each school or site based administrator is asked to use due care and diligence in customizing their respective school based plan with close support and input of all local emergency response and safety organizations. H. Restrictions User agrees not to copy, modify, sublicense, distribute, market, transfer, or otherwise attempt to use the Emergency Response and Crisis Management Plan and related documentation other than as expressly authorized by this Agreement. User will not remove or conceal from view any copyright, trademark, or confidentiality notices appearing on or in the Emergency Response and Crisis Management Plan and/or documentation. User acknowledges that, as between it and the School Board of Lake County, Florida, the School Board of Lake County, Florida, retains exclusive right, title, and interest in and to the Emergency Response and Crisis Management Plan and documentation, and this Agreement shall not be construed in any manner as transferring any rights of ownership or license to the Emergency Response and Crisis Management Plan and other documentation. All rights not expressly granted are reserved to the School Board of Lake County, Florida. I. Confidentiality The Emergency Response and Crisis Management Plan, including the documentation and any feedback provided by User or others, are confidential and proprietary to the School Board of Lake County, Florida, ("Confidential Information"). User may not disclose Confidential Information to third parties without the School Board of Lake County, Florida's prior wrhten consent. J. Indemnification To the extent permitted by law and subject to the limitations of §768.29, Florida Statutes, User agrees to defend and indemnify the School Board of Lake County, Florida, its officers, directors and employees from and against any claims that arise from or relate to Users breach of this Agreement. K. Disclaimer of Warranty To the maximum extent permitted by applicable law, the School Board of Lake County, Florida, provides the Emergency Response and Crisis Management Plan, AS 15 AND WITH ALL FAULTS, and hereby disclaims all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness, and of lack of negligence or lack of workmanlike effort, all with regard to the Emergency Response and Crisis Management Plan. L. Limitation of Liability and Exclusion of Damages UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL THE SCHOOL BOARD OF LAKE COUNTY, FLORIDA, OR ITS MEMBERS, OFFICERS, OR EMPLOYEES BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF THE SCHOOL BOARD OF LAKE COUNTY, FLORIDA, SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. M. Authorized Users All School Board of Lake County, Florida, public schools, conversion charter schools, District partners, local police, fire departments, and health agencies. N. Agreement by User Agency .7 Authorized Agency Head's Signature Printed Name J Title O. School Board of Lake County Authorized Signature Principal's Printed Name Title Date