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Agenda Package - 04-16-07
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Agenda Package - 04-16-07
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3/26/2009 9:33:10 AM
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Admin-Clerk
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Agenda
Committee
Board of Commissioners
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ARTICLE VIII: LIABILITY AND RISK MANAGEMENT. in <br />8.1 Insurance. At all tirnes during this Agreement, SHP shall maintain <br />professional liability insurance covering SHP for its work at County, its employees and <br />its officers in the minimum amount of at least one million dollars ($1,000,000) per <br />occurrence and three million dollars ($3,000,000) in the aggregate. In the event that <br />the coverage changes, SHP will notify County in writing. SHP will also notify County, in <br />writing, of any reduction in policy amounts or cancellation of insurance coverage if the <br />new limits fall below the limits agreed to with the County. SHP shall provide a <br />Certificate of Insurance evidencing the above policy levels and shall name County and <br />Sheriff as additional insured. <br />8.2 Lawsuits Against County- In the event that any lawsuit (whether frivolous <br />or otherwise) is filed against County, its elected officials, employees and agents based <br />on or containing any allegations concerning SHP's medical care of inmates and the <br />performance of SHP's employees, agents, subcontractors or assignees, the parties <br />agree that SHP, its employees, agents, subcontractors, assignees or independent <br />contractors, as the case may be, may be joined as parties defendant in any such <br />lawsuit and shall be responsible for their own defense and any judgments rendered <br />against them in a court of law. <br />Nothing herein shall prohibit any of the parties to this Agreement from joining the <br />remaining parties hereto as defendants in lawsuits filed by third parties. <br />8.3 Hold Harmless. SHP agrees to indemnify and hold harmless the County, <br />its agents, servants and employees from any and all claims, actions, lawsuits, <br />damages, judgments or liabilities of any kind whatsoever arising out of the operation <br />and maintenance of the aforesaid program of health care services conducted by SHP, it <br />being the express understanding of the parties hereto that SHP shall provide the actual <br />health care services. The Sheriff shall promptly notify SHP of any incident, claim or <br />lawsuit of which the Sheriff becomes aware and shall fully cooperate in the defense of <br />such claim, but SHP shall retain sole control of the defense while the action is pending, <br />to the extent allowed by law. <br />County does hereby agree to indemnify and hold harmless SHP, its agents, <br />servants, employees and medical staff from any and all injuries, claims, actions, <br />lawsuits, damages, judgments or liabilities of any kind arising out of the negligence of <br />the Sheriff, the County or their employees, to the extent authorized and permitted by <br />law. <br />ARTICLE IX: MISCELLANEOUS <br />9.1 Independent Contractor Status The parties acknowledge that SHP is an <br />independent contractor engaged to provide medical care to inmates at the Jail under <br />
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