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the breach is not cured within the thirty (30) days, the non-breaching party shall have <br />the right to terminate this agreement by providing ninety (90) days prior written <br />notice to the other party and to Washington State Office of Financial Management, as <br />provided in RCW 70.48.090. The ninety-day notice shall state the grounds for <br />termination and the specific plan for accommodating the affected jail population. <br />B. Termination by Mutual Agreement. This Agreement may be terminated by written <br />notice from either party to the other party and to Washington State Office of Financial <br />Management, as provided in RCW 70.48.090, stating the grounds for said termination <br />and specifying plans for accommodating the affected inmates. The notice must be <br />delivered by regular mail to the contact persons identified in Section IV herein. <br />Termination shall become effective ninety (90) working days after receipt of such <br />notice. <br />C. Removal of Inmates Following Notice of Termination. Within the ninety (90) day <br />notice period set forth in subsection A or B above, or within such other period of time <br />as may be agreed upon in writing by the parties, Whatcom County agrees to remove <br />its inmate(s) from Kittitas County Corrections Center. In the event of termination of <br />this agreement, Whatcom County shall compensate the County for prisoners housed <br />by KCCC after notice of such termination until Whatcom County retakes its inmates <br />in the same manner and at the same rates as if this agreement had not been <br />terminated. <br />XI. Responsibility for Off ender s Custodv <br />It shall be the responsibility of the County to confine the inmate or inmates; to provide <br />treatment, including the furnishing of subsistence and all necessary medical and hospital <br />services and supplies; to provide for the prisoners' physical needs; to make available to <br />them programs and/or treatment consistent with the individual needs; to retain them in <br />said custody; to supervise them; to maintain proper discipline and control; to make <br />certain that they receive no special privileges and that the sentence and orders of the <br />committing court in the State are faithfully executed; provided that nothing herein <br />contained shall be construed to require the County, or any of its agents, to provide <br />service, treatment, facilities or programs for any inmates confined pursuant to this <br />Agreement, which it does not provide for similar inmates not confined pursuant to this <br />Agreement. Nothing herein shall be construed as to require the County to provide <br />services, treatment, facilities or programs to Whatcom Prisoners above, beyond or in <br />addition to 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 Whatcom County <br />who, in the judgment of the County, has a current health condition which may <br />adversely affect the safety of the individual or the safe operations of the Kittitas <br />Interlocal Agreement for the Housing oflnmates Whatcom County and <br />Kittitas County <br />Page 8 of13