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who, in the judgment of the County, has a current health condition which may adversely <br />affect the safety of the individual or the safe operations of the Kittitas County Jail or will <br />cause the reasonable operational capacity limits of KCJ to be reached or exceeded. <br />KCJ does not have the capability to house and care for inmates with serious medical or <br />mental health diagnoses. Such irmiates are not eligible to be incarcerated in KCJ. To ensure <br />that such inmates are not presented to KCJ, all relevant records or other information of <br />whatever nature in the possession of or Icnown to Walla Walla County shall be provided to <br />KCJ in advance. That information may be exchanged via phone call. KCJ shall secure <br />such records in a manner consistent with applicable State and Federal law and destroy them <br />promptly upon the decision to not accept such an inmate. <br />XIIL Indemnification <br />A. Kittitas County shall defend, indemnify, and hold harmless Walla Walla County, its <br />agents, employees, and officers from any and all liability arising out of the performance <br />of this agreement, whether by act or omission of Kittitas County, its agents, employees <br />or officers. Such liability shall include but not be limited to, intentional acts, <br />negligence, and violations of prisoner's constitutional rights. <br />B. Walla Walla County shall defend, indemnify and hold harmless Kittitas County, its <br />agents, employees and officers from any and all liability arising out of the performance <br />of this agreement, whether by act or omission of Walla Walla County, its agents, <br />employees, or officers. Such liability shall include, but is not limited to, false arrest and <br />false imprisonment. <br />C. The Parties' obligations to indemnify, defend and hold harmless shall not extend to <br />injuries, sickness, death or damage caused by or resulting from the sole willful <br />misconduct or negligence of the other Party, its agents, officers, employees or sub - <br />consultants. <br />D. The Parties' obligations to indemnify, defend and hold harmless for injuries, sickness, <br />death, or damage caused by or resulting from the concurrent negligence or willful <br />misconduct of the Parties or of the Parties and a third party other than an officer, agent <br />or employee of the Parties, shall apply only to the extent of the negligence or willful <br />misconduct of each Party. <br />E. The parties agree to cooperate in defense of any and all claims made, of whatever <br />nature, to the extent possible. <br />Interlocal Agreement for the Housing of Inmates Walla Walla County and <br />Kittitas County <br />Page 9 of 13 <br />