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

Original Comment:

I Agree I Disagree
Jonathon Hart
09-25-2017 (2:51pm)
1. Article I. Section 1.03 Exhibits - please add space and reference to additional exhibits, addendums, and schedules as we would like the ability to add additional provisions outside of the master contract that are more specific. Additionally, you reference addendums and a "schedule A" later in the agreement (see Article V and Article VIII) without any early reference incorporating them. We are asking for the option to add as many exhibits as desired for flexibility. 2. Article V. Provider Responsibilities Section C. - it would be preferable that all placement changes (even in an emergency) occur only with the approval of the PCSA, and this should be possible as all PCSAs should be available 24/7. 3. Article XXI. Indemnification and Hold Harmless - please add language stating that the PCSA retains all rights regarding decisions in representation, defense, strategy, and possible resolution of any and all claims. 4. Article XXXII. Applicable Law and Venue - this draft includes Cuyahoga. Will this automatically change based on the location of the PCSA? How will that work? We will not contract with an entity unless the jurisdiction is limited to Summit County (for us). 5. Article III. Order of Precedence - there may be occasion where we would like to override the master agreement with an exhibit - we propose adding the language "unless explicitly set forth in the Exhibit that it takes precedence over this Agreement, then if any provision of this Agreement irreconcilably conflicts...the Agreement takes precedence..."
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