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(ii) Execute contracts for the provision of services and operation of <br />the ASO, including leases for rental ofreal and personal property; <br />(iii) Take necessary and appropriate steps on behalf of the Executive <br />Committee to ensure the ASO's compliance with all statutory <br />and funding requirements; and <br />(iv) Take other actions as directed by the Executive Committee or <br />the County Authorities by their respective resolution or consent. <br />5.3.6 Spend the capital and revenues of the ASO in the furtherance of the <br />business of the ASO and the services it provides; <br />5 .3. 7 Acquire, improve, manage, lease, operate, sell, transfer, exchange, <br />encumber, pledge and dispose ofany real or personal property of the ASO; <br />5.3.8 Purchase such liability, casualty, property and other insurance as the <br />Executive Committee, in its sole discretion, deems advisable to protect the ASO's assets against <br />loss or claims of any nature as required, and in such amounts as are contractually required; but, <br />the general liability and malpractice insurance coverage shall be not less than $5 million dollars <br />in the aggregate; provided, however, the ASO shall not be liable to the County Authorities, if <br />such coverage should prove inadequate. The ASO shall name each member county as an additional <br />insured and this coverage shall be the primary coverage in order to shield the governmental interests <br />of the County Authorities . The ASO shall assure the coverage applies to claims after termination of <br />the Agreement that relate to services provided under this Operating Agreement and any other <br />agreements of the ASO in accordance with the applicable laws of the County Authorities. The ASO <br />shall be solely responsible for any deductible amounts required under such policies; however, said <br />costs are normal business expenses to be paid out of available ASO funds without any offset to the <br />funds provided to the County Authority(ies). Evidence of such insurance shall be promptly provided <br />to the County Authority(ies) upon its written request. The ASO shall not permit such policy(ies) to <br />lapse without first providing the County Authority(ies) at least thirty (30) calendar days' written <br />notice of its intention to allow the policy(ies) to lapse; <br />5. 3. 9 Enter into management agreements, service agreements, provider <br />agreements, consultants and professional agreement, maintenance or other service agreements, <br />short-term or long-term rental agreements, together with any other agreements; <br />5 .3 .10 As provided for in RCW 71.24.350, as amended, provide for and establish <br />a separately funded behavioral health ombuds' office that is: <br />(i) Independent of the ASO and of the Managed Care Organizations for the <br />ASO service area; and <br />(ii) That maximizes the use of consumer advocates. <br />5 .3 .11 Establish risk reserve funds as prudent and as required by its contracts. <br />FIRST AMENDED ASO OPERA TING AGREEMENT <br />Page 9 of33