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KCJ does not have the capability to house and care for inmates with serious medical or <br />mental health diagnoses. Such inmates 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 known to The City of Mill Creek shall be provided <br />to 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. If such an inmate is inadvertently <br />transferred or accepted, the Parties agree that the inmate shall be retrieved from KCJ as <br />rapidly possible after discovery of their ineligibility for incarceration in the KCJ. <br />XIII. Indemnification <br />A. Kittitas County shall defend, indemnify, and hold harmless The City of Mill Creek, <br />its agents, employees, and officers from any and all liability arising out of the <br />performance of this agreement, whether by act or omission of Kittitas County, its <br />agents, employees or officers. Such liability shall include but not be limited to <br />intentional acts, negligence, and violations of prisoner's constitutional rights. <br />B. The City of Mill Creek 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 The City of Mill Creek, 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 indemniff, 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 />XIV. Entire Contract <br />Interlocal Agreement for the Housing of Inmates the City of Mill Creek <br />and Kittitas County <br />Page 9 of13