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RES 2023-082
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05. May
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2023-05-16 10:00 AM - Commissioners' Agenda
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RES 2023-082
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Last modified
5/24/2023 9:41:42 AM
Creation date
5/24/2023 9:41:27 AM
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Meeting
Date
5/16/2023
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Item
Request to Approve a Resolution Amending the Professional Services Agreement between Comprehensive Healthcare and Kittitas County to Add a Mental Health Case Manager.
Order
18
Placement
Consent Agenda
Row ID
103113
Type
Resolution
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A) To maintain an open line of communication between KCJ staffand COMPREHENSIVE <br />staff for sharing pertinent information about inmates' behavior. <br />B) To have a schedule that is flexible and consistent with KCJ operations, and maintain their <br />credentialed status as described in Exhibit C. <br />C) COMPREHENSIVE and KCJ shall comply with their established regulations regarding <br />confidentiality including federal HIPAA regulations. The parties shill sign and incorporate <br />the "Business Associate Agreement" pertaining to HIPAA compliance aJan integral portion <br />of renewalof this agreement and before engaging in performance of this agreement.D) To acknowledge that inmates may refuse COMPREAENSIVE services exiept to any extent <br />mandated by law including court order. <br />E) That lhe COMPREHENSM MHC's activities will not go beyond those duties as approved <br />by KCJ and GoMPREHENSIVE except as otherwise provided by law.F) COMPREHENSIVE agrees to removeany MHC ptouid"d to KiJ immediately upon written <br />request by KCJ. <br />G) COMPREHENSIVE will bill KCJ on a quarterly basis for the services. <br />FI) Not to recruit for employment nor initiate contracts with employees of the other party during <br />the period of this contract.I) Specific services may be cancelled or rescheduled for good cause by either party withoutincurring any cost under this agreement. "Good cause'iincludes security or rufri concerns, <br />including unforesetn staffing shortages, that may impact the safe op"."tion, of the KCJ in <br />the judgement of the authorized KCJ personnel. <br />V[I. Hold Harmless and Indemnification: <br />COMPREHENSIVE agrees to hold harmless, indemnifu and defend Kittitas County, its officers, <br />agents, and employees, from and against any and all claims, losses, or liability, for injuries, <br />sickness or death of person, or damage to property, arising out of any willful misconduct ornegligent act, error, or omission of COMPREHENSIVE, its officers, agents, or employees, in <br />connection with the services required by the Agreement, provided, howeuer, that: <br />(1) COMPREHENSIVE's obligations to indemni$, defend and hold harmless shall not extend <br />to injuries' sickness, death or damage caused by or resulting from the sole willful misconductor negligence of Kittitas County, its officers, agents o. "*ploy.es or sub-consultants; and(2) COMPREHENSM's obligations to indemni$r, defend and hold harmless for injuries, <br />sickness, death or lamage caused by or resulting from the concurrent negligence or willful <br />misconduct of CoMPREHENSIVE and Kittitas County or of COMpnsI{pl{SlvE and athird party other than an officer, agent or employee f CbMPREHENSIVE, shall apply only <br />to the extent of the negligence or willful misconduct of GOMpREHENSIVE. <br />C) 1n9 parties agree to cooperate to the greatest extent possible in the defense of any and all <br />claims that may implicate this Section. <br />IX. Interpretation <br />This Agreement has been submitted to the scrutiny of all parties and their counsel, if desired, andit shall be given a fair and reasonable interpretation in accordance with its words, without <br />consideration or weight given to its being drafted by any pafiy or its counsel. Ali words used inthe singular shall include the plural; the present tense shall intlude the future tense; and the <br />masculine gender shall include the feminine gender. <br />3
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