SH16-001 Health Service Agreement

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officers, employees, volunteers, or other agents except such injury or damage as shall have been occasioned by the sole negligence or willful misconduct of the Provider, its agents or employees. Kittitas County has insurance to cover the Provider during such times as the P -ARNP or qualified substitute is treating inmates of the Kittitas County Corrections Center pursuant to this agreement. Such insurance shall not cover patients who were not Kittitas County Corrections Center inmates and that were treated by the Provider outside of the Corrections facility. Provider shall defend, indemnify and hold harmless Kittitas County, the Sheriffs office, its appointed and elective officers, agents and employees, from and against all loss or expense, including but not limited to judgments, settlements, reasonable attorney's fees and costs by reason of any and all claims and demands upon the County, the Sheriffs Office, its elected or appointed officials, agents or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Provider, its subcontractors, its elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of Kittitas County, the Sheriffs Office, appointed or elected officials, agents or employees. It is further provided that no liability shall attach to Kittitas County by reason of entering into this contract, except as expressly provided herein. 10. The Sheriff's Office, through the Kittitas County Corrections Center, shall maintain basic medical supplies and items, which shall be used in the treatment of inmates of the facility. Such supplies shall include prescription forms, over the counter medications, first aid supplies, topical agents and such other supplies as deemed appropriate by the Provider. The Provider may delegate its role in this process to the P -ARNP. 11. The Practitioner shall be subject to a Background Investigation as determined by the Sheriff; this may include a polygraph test (see RCW 49.44.120). This will be conducted by whomever the Sheriffs Office deems qualified to complete. This can be done prior and anytime after the contract is signed by the Provider. The P -ARNP or qualified substitute may be subject to such background investigation or any part thereof more than once. 12. In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the Superior Court of the State of Washington in and for the County of Kittitas. This Agreement shall be governed by the law of the State of Washington. 13. All services pursuant to this Agreement shall be furnished by the Provider as an independent contractor and nothing herein contained shall be construed to create a relationship of employer- employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Provider as an independent contractor. The Provider acknowledges that the entire compensation for this Agreement is specified in Sections 7 and 8, and that neither the Provider nor Practitioner is entitled to any Kittitas County benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to Kittitas County employees. _.....:...........:.... Page 3 ..,::..