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Back-up not in agenda book - Seminole County Schools

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To the fullest extent permitted by law, UCPCF shall defend, <strong>in</strong>demnify andhold harmless the SCSB and OCSB, for any expense, cost, loss, damage,claim, judgment or claims bill <strong>in</strong>curred or rendered aga<strong>in</strong>st the SCSB orOCSB, <strong>in</strong>clud<strong>in</strong>g attorneys' fees and <strong>in</strong>vestigation expenses (pre-suit, suit,trial, appeal, and post appeal proceed<strong>in</strong>gs) on account of any <strong>in</strong>tentional ornegligent acts or omissions of any officer, director, employee, agent, orservant of UCPCF on account of this Agreement or any obligationsundertaken hereunder on the part of UCPCF. Further, this provision shallsurvive the term<strong>in</strong>ation of this Agreement for any reason until such time asany claim or claims, known or unknown, shall be barred by any statute oflimitation or repose.No student placed at UCPCF under this Agreement shall receive educationalor related services <strong>not</strong> identified on the student's IEP.UCPCF shall <strong>not</strong> hold itself out as an agent or representative of SCSB orOCSB. No employee of UCPEO shall be considered an employee of eitherOCSB or SCSB for any purpose, <strong>in</strong>clud<strong>in</strong>g, but <strong>not</strong> limited to compensation,benefits, liability for negligent or <strong>in</strong>tentional misconduct, or workers'compensation.No employee of UCPCF shall be subject to selection or s<strong>up</strong>ervision by anyemployee of SCSB, however, SCSB may recommend to UCPCF that anyemployee is <strong>not</strong> professionally or otherwise qualified to render servicesunder this Agreement to SCSB students. All ultimate employment decisionsregard<strong>in</strong>g employees of UCPCF shall, however, be made by UCPCF.19. UCPCF represents and warrants to SCSB that UCPCF has f<strong>in</strong>gerpr<strong>in</strong>ted and obta<strong>in</strong>edcrim<strong>in</strong>al background <strong>in</strong>vestigations required by Florida Statute Sections 1012.32 and1012.465, as amended by the Jessica Lunsford Act, on all personnel who are permittedaccess on school grounds when students are present, who have direct contact withstudents or who have access to or control of school funds. UCPCF hereby agrees <strong>not</strong> topermit its personnel access on school grounds when students are present, to have directcontact with students or have access to or control of school funds, if that personnel hasbeen found guilty of, regardless of adjudication, or entered a plea of nolo contendere orguilty to any crime outl<strong>in</strong>ed <strong>in</strong> Florida Statute Section 435.04 (2), or any comparablestatute of a<strong>not</strong>her state or of the federal government, <strong>in</strong>clud<strong>in</strong>g, but <strong>not</strong> limited to, crimes<strong>in</strong>volv<strong>in</strong>g moral turpitude or crimes aga<strong>in</strong>st children. UCPCF shall provide the SCSB withproof of such <strong>in</strong>vestigations <strong>up</strong>on request. UCPCF agrees that <strong>in</strong> the event any employeewho UCPCF has certified as successfully complet<strong>in</strong>g a background <strong>in</strong>vestigation islater found guilty of, regardless of adjudication, or entered a plea of nolo contendere orguilty to any crime outl<strong>in</strong>ed <strong>in</strong> Florida Statute Section 435.04 (2), or any comparablestatute of a<strong>not</strong>her state or of the federal government, <strong>in</strong>clud<strong>in</strong>g, but <strong>not</strong> limited to, crimes<strong>in</strong>volv<strong>in</strong>g moral turpitude or crimes aga<strong>in</strong>st children, UCPCF shall <strong>not</strong>ify the SCSB as soon as4Page 525

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