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xt. <br />retakes its inmates in the same manner and at the same rates as if this agreement had not been <br />terminated. Upon termination of this agreement, the City would be responsible for making its <br />own iurangements for the booking of all City misdemeanors, gross misdemeanors, and court <br />committed prisoners. The City would be responsible for all transportation, housing, medical <br />and supervision costs for such prisoners. <br />ResponsibiliW for Offender's Custodv <br />It shall be the responsibility of the County to confine the inmate or inmates; to provide <br />treatment, including the fumishing of subsistence and all necessary medical and hospital services <br />and supplies; to provide for the prisoners' physical needs; to make available to them programs <br />and/or treatment consistent with the individual needs; to retain them in said custody; to supervise <br />them; to maintain proper discipline and control; to make certain that they receive no special <br />privileges and that the sentence and orders of the committing court in the State are faithfully <br />executed; provided that nothing herein contained shall be construed to require the County, or any <br />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. Nothing 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. Rieht 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 Jail or the reasonable operationil <br />capacity limits will be reached or exceeded. <br />XIII. Indemnification <br />A. The County shall defend, indemniff, 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 harrnless the County, its agents, employees and <br />officers frorn 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 indemnifu, 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, its agents, officers, ernployees or sub-consultants. <br />lnterlocal Agreement for Housing of Inmates <br />Page 7 of l0