Laserfiche WebLink
of its agents, to provide service, treatment, facilities or programs for any inmates confined <br />pursuant to this Agreement, which it does not provide for similar inmates not confined pursuant <br />to this Agreement. Frothing herein shall be construed as to require the County to provide <br />services, treatment, facilities or programs to the City's Prisoners above, beyond or in addition to <br />that which is required by applicable law. <br />XII. Right of Refusal <br />The County shall have the right to refuse to accept any prisoner from the City who, in the <br />judgment of the County, has a current medical condition which may adversely affect the safety <br />of the individual or the safe operations of the Kittitas County Corrections Center; or when the <br />reasonable operational capacity limits will be reached or exceeded. <br />XIII. Indemnification <br />A. The County shall defend, indemnify, and hold harmless the City, its agents, employees and <br />officers from any and all liability arising out of the performance of this agreement, whether <br />by act or omission of the County, its agents, employees or officers. Such liability shall <br />include but not be limited to, intentional acts, negligence, and violations of prisoner's <br />constitutional rights. <br />B. The City shall defend, indemnify and hold harmless the County, its agents, employees and <br />officers from any and all liability arising out of the performance of this agreement, whether <br />by act or omission of the City, its agents, employees, or officers. Such liability shall include, <br />but is not limited to, false arrest and false imprisonment. <br />C. The Parties' obligations to indemnify, defend and hold harmless shall not extend to injuries, <br />sickness, death or damage caused by or resulting from the sole willful misconduct or <br />negligence of the other Party, it agents, officers, employees or sub -consultants. <br />D. The Parties' obligations to indemnify, defend and hold harmless for injuries, sickness, death <br />or damage caused by or resulting from the concurrent negligence or willful misconduct of the <br />Parties or of the Parties and a third party other than an officer, agent or employee of the <br />Parties, shall apply only to the extent of the negligence or willful misconduct of each Party. <br />XII. Entire Contract <br />This agreement represents the entire understanding of the parties and supersedes any oral <br />representations that are inconsistent with or modify its terms and conditions. <br />XIV. Modification <br />This agreement may be modified and amended only in writing and signed by the parties hereto. <br />Interlocal Agreement for Housing of Inmates <br />Page 7 of 9 <br />