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County for prisoners housed by the County after notice of such termination until the Town <br />retakes its inmates in the same manner and at the same rates as if this agreement had not been <br />terminated. Upon termination of this Agreement, the Town would be responsible for making <br />its own arrangements for the booking of all Town misdemeanors, gross misdemeanors, and <br />court committed prisoners. The Town 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 Town Prisoner(s); to provide treatment, <br />including the furnishing of subsistence and all necessary medical and hospital services and <br />supplies; to provide for the Town Prisoner(s)' 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 Town Prisoner(s) <br />confined pursuant to this Agreement, which it does not provide for similar offenders not confined <br />pursuant to this Agreement. Nothing herein shall be construed as to require the County to provide <br />services, treatment, facilities or programs to the Town's Prisoner(s) above, beyond or in addition <br />to 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 Town who, in the <br />judgment of the County, has a current medical condition which may adversely affect the safety of <br />the individual or the safe operations of the Kittitas County Jail; or when 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 Town, 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 include <br />but not be limited to, intentional acts, negligence, and violations of the Town Prisoner's <br />constitutional rights. <br />B. The Town shall defend, indemnify and hold harmless the County, 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 Town, its agents, employees, or officers. Such liability shall include, <br />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 injuries, <br />sickness, death or damage caused by or resulting from the sole willful misconduct or <br />negligence of the other Party, its agents, officers, employees or sub -consultants. <br />Interlocal Agreement for Housing of Inmates <br />Page 7 of 10 <br />