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City would be responsible for making its own arrangements for the booking of all City <br />misdemeanors, gross misdemeanors, and court committed prisoners. The City would <br />be responsible for all transportation, housing, medical and supervision costs for such <br />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 <br />services and supplies; to provide for the prisoners' physical needs; to make available to <br />them programs and/or treatment consistent with the individual needs; to retain them in said <br />custody; to supervise them; to maintain proper discipline and control; to make certain that <br />they receive no special privileges and that the sentence and orders of the committing court <br />in the State are faithfully executed; provided that nothing herein contained shall be <br />construed to require the County, or any of its agents, to provide service, treatment, facilities <br />or programs for any immates confined pursuant to this Agreement, which it does not provide <br />for similar inmates not confined pursuant to this Agreement. Nothing herein shall be <br />construed as to require the County to provide services, treatment, facilities or programs to <br />the City's Prisoners above, beyond or in addition to that which is required by applicable <br />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 <br />the safety of the individual or the safe operations of the Kittitas County Jail or the <br />reasonable operational 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 <br />and officers from any and all liability arising out of the performance of this agreement, <br />whether by act or omission of the County, its agents, employees or officers. Such <br />liability shall include but not be limited to, intentional acts, negligence, and violations <br />of prisoner's constitutional rights. <br />B. The City shall defend, indemnify and hold harmless the County, its agents, employees <br />and officers from any and all liability arising out of the performance of this agreement, <br />whether by act or omission of the City, its agents, employees, or officers. Such liability <br />shall include, but is not limited to, false arrest and 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, it agents, officers, employees or sub- <br />Interlocal Agreement for Housing of nunates <br />Page 8 of 11 <br />