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who, in flre judgment of the County, has a cuuent health condition which may adversely <br />affect the safety of tlre individual or the safe operations of the Ifittitas 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 rnedical or <br />mental health diagnoses. Such inmates are not eligible to be incarcerated in I(CJ. To ensure <br />that suoh inmates zue not presented to KCJ, all relevant records or other information of <br />whatever nature in the possession of or known to Walla Walla County shall be provided to <br />I(C.T in advance. That information may be exchauged via phone call. KCJ shall secure <br />such records in a manner consistent with applicable State and Federal law and destroy them <br />promptty upon the deoision to not accep such an fuunate. <br />)ilIl. Indemnification <br />A. Kittitas County shall defend, indernffi, and hold harmless Waila Walla County, its <br />agents, employees, and officem from any and all liability arising out ofthe performance <br />of this agreement, whethel by act or omission of Iftttitas County, its agents, employees <br />or officers, Such liability shall include but not be limited to, intentionai acts, <br />negligence, and violations of prisoner' s constitutional rights. <br />B. Walla Walla County shall defend, indemnify and hold harmless Ifittitas County, its <br />agents, ernployees and officers from any anil all liability arising out ofthe perfirrmance <br />of this agreement, whether by act of omission of Walla Walla County, its agents, <br />employees, or officem. Such liability shall include, but is not limited to, false arrest and <br />false imprisonrnent. <br />C. The Parties' obligations to indemnify, defend and hold harmless shall not extend to <br />injuries, sicicress, death or darnage caused by or resulting fi'om the sole willful <br />misconduct or negligence of the other Partyn 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 &om 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 enrployee of the Parlies, shall apply only to the extent of the negligence or willful <br />rnisconduct of each ?arty. <br />E. The parties agree to cooperate in defense of any and all claiuu 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 ofl3