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B. Termination by Mutual Agreement. This Agreement may be terminated by written notice <br />from either party to the other party and to Washington State Office of Financial <br />Management, as provided in RCW 70.48.090, stating the grounds for said termination and <br />specifying plans for accommodating the affected inmates. The notice must be delivered by <br />regular mail to the contact persons identified in Section IV herein. Termination shall become <br />effective ninety (90) working days after receipt of such notice. <br />C. Removal of Inmates Following Notice of Termination. Within the ninety (90) day notice <br />period set forth in subsection A or B above, or within such other period of time as may be <br />agreed upon in writing by the parties, the City agrees to remove its inmate(s) from Kittitas <br />County Jail. In the event of termination of this Agreement, the City shall compensate the <br />County for prisoners housed by the County after notice of such termination until the City <br />retakes its inmates in the same manner and at the same rates as if this Agreement had not <br />been terminated. Upon termination of this Agreement, the City would be responsible for <br />making its own arrangements for the booking of all City misdemeanors, gross misdemeanors, <br />and court committed prisoners. The City would be responsible for all transportation, housing, <br />medical and supervision costs for such prisoners. <br />XI. Responsibility for Offender's Custody <br />It shall be the responsibility of the County to confine the inmate or inmates; to provide <br />treatment, including the furnishing of subsistence and all necessary medical and hospital services <br />and supplies; to provide for the prisoners' physical needs; to make available to them programs <br />and/or treatment consistent with the individual needs; to retain them in said custody; to supervise <br />them; to maintain proper discipline and control; to make certain that they receive no special <br />privileges and that the sentence and orders of the committing court in the State are faithfully <br />executed; provided that nothing herein contained shall be construed to require the County, or any <br />of its agents, to provide service, treatment, facilities or programs for any inmates confined <br />pursuant to this Agreement, which it does not provide for similar inmates not confined pursuant <br />to this Agreement. Nothing herein shall be construed as to require the County to provide <br />services, treatment, facilities or programs to the City Prisoners above, beyond or in addition to <br />that which is required by applicable law. <br />XII. Right of Refusal <br />The County shall have the right to refuse to accept any prisoner from the City who, in the <br />judgment of the County, has a current medical condition which may adversely affect the safety <br />of the individual or the safe operations of the Kittitas County Jail or the reasonable operational <br />capacity limits will be reached or exceeded. <br />XIII. Indemnification <br />A. The County shall defend, indemnify, and hold harmless the City, its agents, employees and <br />officers from any and all liability arising out of the performance of this Agreement, whether <br />by act or omission of the County, its agents, employees or officers. Such liability shall <br />Interlocal Agreement for Housing of Inmates <br />Page 7 of 10 <br />