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This agreement may be modified and amended only in writing and signed by the parties <br />hereto. <br />XVI. Independent Contractor <br />In providing seryices under this Interlocal Agreement, Kittitas County is an independent <br />contractor and neither it nor its officers, agents or employees are employees of Whatcom <br />County for any purpose, including but not limited to, responsibility for any federal or state <br />tax, industrial insurance or Social Security liability. Neither shall the provision of services <br />under this Interlocal Agreement give rise to any claim of career service or civil service <br />rights, which may accrue to an employee of Whatcom County under any applicable law, <br />rule or regulation. <br />XVII. General Provisions: <br />A. Purpose. The purpose of this Interlocal Agreement is to permit the joint use of the <br />Kittitas County Jail for confinement of prisoners of the parties to the Interlocal <br />Agreement, thereby promoting maximum use and efficiency of the Kittitas County <br />Jail. <br />B. Administrator. Pursuant to RCW 39.34.030(4)(a), the administrator for this <br />agreement shall be the Superintendent of the Kittitas County Jail. <br />C. Pro e . Unless otherwise specifically agreed by the parties in writing, all property, <br />personal and real, utilized by the parties hereto in the execution of this Agreement <br />shall remain the property of that party initially owning it. <br />D. Venue. Venue for any lawsuit shall be determined pursuant to RCW 36.01.050. <br />E. Filing. This Agreement shall be filed with the Kittitas County Auditor's Office or, <br />alternatively, listed by subject on each or either party's web site or other electronically <br />retrievable public source pursuant to RCW 39.34.040. <br />Severability. In the event any provisions of this Agreement shall be determined to be <br />unenforceable or otherwise invalid for any reason, such provisions shall be enforced <br />and valid to the extent permitted by law. All provisions of this Agreement are <br />severable and the unenforceability or invalidity of a single provision herein shall not <br />affect the remaining provisions. <br />G. Waiver of Breach. The waiver by either party of the breach of any provision of this <br />Agreement by the other party must be in writing and shall not operate nor be construed <br />as a waiver of any subsequent breach by such other parry. <br />Interlocal Agreement for the Housing of Inmates Whatcom County and <br />Kittitas County <br />Page 10 of 13 <br />