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xII. <br />xry <br />include but not be limited to, intentional acts, negligence, and violations of prisoner,s <br />constitutional rlghts. <br />B. Thc City shall defend, i4:tnnity and hold harmless the Counry, its agents, employees andofficers from any and all liability arising out of the performancl of thii agreement,'whether <br />by act or omission of the City, its agents, employees, or officers. Such liability shali include, <br />but is not limited to, false arrest and false imprisonment. <br />C' Th: Parties' obligations to indemnifi, 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 ofthe other Party, its agents, officers, enrployees or sub-consultants. <br />D. The Parties' obligations to indemni&, defend and hold harmless for injuries, sickness, death <br />or damage caused,by or resulting from the concunent negligence or willful misconduct of theParties or of the Parties and a third party othcr than ai ifii."r, agent or employee of the <br />Parties, shall apply only to the extent of the negligence or willful mis-conduct of each larty. <br />E. This indemnification provision shall survive the termination of this agreement. <br />Entire Contract <br />This agreement represents the entire understanding of the parties and supersedes any oralrepresentations that are inconsistent with or modiff iti terms and conditions. <br />Modilication <br />This agreement may be modified and amended only in writing and signed by the parties hercto. <br />Indenendent Contragtor <br />In providing services under this Interlocal Agreement, Kinitas County is an independent <br />contractor and neither it nor its offrcers, agents or employees are employels of trre -ity?o. .nypurposc' including but not liryi!{ to, responsibility for any fedeial or state tax, industriat <br />insurance or Social Security liability. Neithei shall thi provision of services under rhis lnterlocalAgreement give rise to any claim of career service or civil seruice rights, whigh *ry u".*, to an <br />gap_loye_e of the City under any applicable law, rule or regulation.XIV. GeneralProvisions: <br />A' Eutpose. The purpose of this Interlocal Agreement is to permit the joint use of the Kittitas <br />County Jail for confinement,of prisoners of tne parties to the krterloial Agreement, therebypromoting maximum use and efficiency of the Kiititas county Jail. <br />B, 4dlnjnislratlr, Pursuant to RCW 39.34.030(4)(a), the administrator for this agreement shall <br />be the Superintendent of the Kittitas County Jaii.' <br />xv <br />Interlocal Agreement for Housing of Inmates <br />Page I of l0