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incidental to the performance or non-performance of the County's services, duties, and
<br /> obligations under this Agreement.
<br /> The City shall hold harmless, defend, and indemnify the County, its elected officials, officers,
<br /> employees, and agents from and against any and all suits, actions, claims, liability, damages,
<br /> judgments, costs and expenses (including reasonable attorney's fees) (also including but not
<br /> limited to claims related to false arrest or detention, alleged mistreatment, injury, or death of
<br /> any City Inmate, or loss or damage to City Inmate property while in County custody) that result
<br /> from or arise out of the acts or omissions of the City, its elected officials, officers, employees,
<br /> and agents in connection with or incidental to the performance or non-performance of the City's
<br /> services, duties, and obligations under this Agreement.
<br /> In the event the acts or omissions of the officials, officers, agents, and/or employees of both
<br /> the City and the County in connection with or incidental to the performance or non-performance
<br /> of the City's and or County's services, duties, and obligations under this Agreement are the
<br /> subject of any liability claims by a third party, the City and County shall each be liable for its
<br /> proportionate share of fault in any resulting suits, actions, claims, liability, damages, judgments,
<br /> costs and expenses and for their own attorney's fees.
<br /> Nothing contained in this Section or this Agreement shall be construed to create a right in any
<br /> third party to indemnification or defense.
<br /> The County and City hereby waive, as to each other only, their immunity from suit under
<br /> industrial insurance, Title 51 RCW. This waiver of immunity was mutually negotiated by the
<br /> parties hereto.
<br /> The provisions of this section shall survive any termination or expiration of this Agreement.
<br /> 29. Insurance. The County and City shall provide each other with evidence of insurance
<br /> coverage, in the form of a certificate or other competent evidence from an insurance provider,
<br /> insurance pool, or of self-insurance sufficient to satisfy the obligations set forth in this
<br /> Agreement.
<br /> The County and City shall each maintain throughout the term of this Agreement coverage in
<br /> minimum liability limits of one million dollars ($1,000,000) per occurrence and two million
<br /> dollars ($2,000,000) in the aggregate for its liability exposures, including comprehensive general
<br /> liability, errors and omissions, auto liability and police professional liability. The insurance policy
<br /> shall provide coverage on an occurrence basis.
<br /> 30. Termination.
<br /> A. Mutual Agreement: This Agreement may be terminated by mutual written consent
<br /> between the County and City with ninety (90) days written notice to the other party and to the
<br /> State Office of Financial Management as required by RCW 70.48.090 stating the grounds for
<br /> said termination and specifying plans for accommodating the affected City Inmates.
<br /> B. Imperiling Conditions: The City shall have the right to terminate this Agreement where:
<br /> 1) conditions and/or circumstances at Yakima's facilities present an imminent risk of serious
<br /> injury or death to the City's Inmates [Imperiling Conditions]; 2) the City has sent County written
<br /> notice by certified mail, return receipt requested describing with reasonable specificity the
<br /> Imperiling Conditions; and 3) the County has failed to cure the Imperiling Conditions within a
<br /> reasonable period of time, which, unless the parties agree in writing to a longer period, shall be
<br /> no more than 30 days after the County receives the City's notice. Termination under this
<br /> Agreement for Inmate Housing -- 2018
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