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treated by the Provider outside of the facility
<br />Provider shall defend, indemnify and hold harmless Kittitas County, the Sheriff's Office, its
<br />appointed and elective officers, agents and employees, from and against all loss or expense,
<br />including but not limited to judgments, settlements, reasonable attorney's fees and costs by reason
<br />of any and all claims and demands upon the County, the Sheriffs Office, its elected or appointed
<br />officials, agents or employees for damages because of personal or bodily injury, including death at
<br />any time resulting therefrom, sustained by any person or persons and on account of damage to
<br />property including loss of use thereof, whether such injury to persons or damage to property is due
<br />to the negligence of the Provider, its subcontractors, its elected officers, employees or their agents,
<br />except only such injury or damage as shall have been occasioned by the sole negligence of Kittitas
<br />County, the Sheriffs Office, appointed or elected officials, agents or employees. lt is further
<br />provided that no liability shall attach to Kittitas County by reason of entering into this contract,
<br />except as expressly provided herein.
<br />10. The Sheriffs Office, through the Kittitas County lail, shall maintain basic medical supplies and
<br />items, which shall be used in the treatment of inmates of the facility, Such supplies shall include
<br />prescription forms, over the counter medications, first aid supplies, topical agents and such
<br />other supplies as deemed appropriate by the Provider. The Provider may delegate its role in this
<br />process to the P-ARNP.
<br />11. The Practitioner shall be subject to a Background lnvestigation as determined by the Sheriff; this
<br />may include a polygraph test (see RCW 49.44.120). This will be conducted by whomever the
<br />Sheriff's Office deems qualified to complete. This can be done prior and anytime after the
<br />contract is signed by the Provider. The P-ARNP or qualified substitute may be subject to such
<br />background investigation or any part thereof more than once.
<br />12. ln the event that any litigation should arise concerning the construction or interpretation of any of
<br />the terms of this Agreement, the venue of such action of litigation shall be in the Superior Court of
<br />the State of Washington in and for the County of Kittitas. This Agreement shall be governed by the
<br />law of the State of Washington.
<br />13. All services pursuant to this Agreement shall be furnished by the Provider as an independent
<br />contractor and nothing herein contained shall be construed to create a relationship of employer-
<br />employee or master-servant, but all payments made hereunder and all services performed shall be
<br />made and performed pursuant to this Agreement by the Provider as an independent contractor.
<br />The Provider acknowledges that the entire compensation for this Agreement is specified in Sections
<br />7 and 8, and that neither the Provider nor Practitioner is entitled to any Kittitas County benefits
<br />including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other
<br />insurance benefits, or any other rights or privileges afforded to Kittitas County employees.
<br />Provider will defend, indemnify and hold harmless Kittitas County, the Kittitas County Sheriffs
<br />Office, their officers, agents or employees from any loss or expense, including but not limited to
<br />settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands
<br />because of breach of the provisions of this paragraph.
<br />14. Either party may request changes in the Agreement. Any and all agreed modifications shall be in
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