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Agreement for Title IV-E Agencies and Providers for the Provision of Child Placement

Original Comment:

I Agree I Disagree
andrew wannemacher
09-18-2017 (11:38am)
Article XX and Article XXI are problematic if both parties to the contract are governmental agencies. Article XXI Indemnification & Hold Harmless - According to our prosecutor, governmental agencies can not enter into indemnification & hold harmless agreements. There is an Ohio Attorney General’s Opinion 2005-007, which indicates that indemnification clauses entered into by governmental agencies are void and unenforceable unless the governmental agency entering into the contract has appropriated funds matching the maximum dollar amount of the contract. Article XX(F) Additional insured provision - Our county participates in the County Risk Sharing Authority (CORSA) and we have yet to receive an answer on whether we can add additional insureds. Article I - Section 1.03 Exhibits. This provision automatically deems the scope of work an exhibit, even if one is not done.
1 Disagree with this
3 Agree with this
Kevin Goshe
09-29-2017 (4:02pm)
For the concerns about Article XXI, I recommend including a sentence like: This Article is not applicable to agreements between governmental entities.