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'l'his agreement may be rnodified and amended only in rvriting ancl signed by the parties <br />hereto. <br />XW. Independent 9pntractor <br />XVII. Generll Provisions: <br />A. Purpose. 'l'he purposc of this Interk:cal Agrcenrent is to penuit the joipt use ol the <br />Kittitas County Jail for contjnemeut of prisoners of the parties to the Interlocal <br />Agreement, thereby promoting maxinrum use and efficiency of the Kittitas County <br />Jail. <br />B. Adrnj.nistratoq. Pumuanr to RCW 39.34.030(4)(a), the administrator fbr this <br />agreement shall be the Superinrendent of rhe Kittitas County Jail. <br />c. Ploperty, unless otheru,ise specifically agreed by the parties in writing, all property, <br />personal and real, utilized by the pafties hereto in the Execution of this Agreirnent <br />slrall rernain the property of that parry inirially owning it. <br />D, Venue. Venue for any lawsuit shall be detennined 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 sourcc pursuant to RCW 39.34,040. <br />ScveJability. In the event any provisions of this Agreement shall bc dctcrminecl to bc <br />unenforceable or otherwise invalid for any reasou, such provisions shall be enforced <br />and valid to the extent permitted by law. All provisions of this Agreement are <br />sevetable nnd the unenforceability or invalidity of a single provision herein shall not <br />affect the remaining provisions. <br />ln providing seruices under this Interlocal Agreement, Kinitas County is an indepenclent <br />contractor and neither it nor its officers, agents or employccs arc cnployees of Whatcom <br />Coutrty for any purpose, including brrt not lirnited to, responsibility lor any federal or state <br />tax, industriul insurance or SocinlSecurity liability. Neither shallthe provision of services <br />under this Interlocal Agreement give rise to any claim of carcer service or civil sewice <br />rights, which may accrue to an etnployee of Whatconr County under any applicable larv, <br />rule or legirlation, <br />F <br />C. Waiver of Bt'eac11. The waiver by either party of the breach of any provision of this <br />Agreenrent by the other party must be in writing and shall not operate nor he construed <br />as a waiver ofany subsequent breach by such otlrer pnfty, <br />lntellocal Agreenrent lor the Housing of tnnrates lVhatconr County and <br />Kitritas County <br />Page l0 of 13