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Section 4.2 Personnel. The Contractor agrees to retain sufficient personnel to deliver 24-hour <br />care and supervision to Department offenders, consistent with Contractor's policies and the <br />governing laws, as well as administrative and support service personnel for the overall <br />operation of the Facility. The Contractor agrees to subject all applicants to a thorough <br />background check prior to their employment at the Facility. <br />Section 4.3 Training. Each Party agrees to train its employees in accordance with its own <br />policies and the law. Each Party also agrees to be responsible for all claims, damages, liability <br />and court awards (including costs, expenses and attorney fees) incurred against itself as a result <br />of any action or ornission of its own employees, agents, subcontractors or assignees incurred in <br />connection with the training. <br />Article V <br />PREA COMPLIANCE <br />Section 5.1 Compliance. The Contractor agrees to maintain zero tolerance toward all forms of <br />sexual abuse and sexual harassment and to ensure that all of the Contractor's employees, <br />vendors and volunteers who have contact with Department offenders comply with all federal <br />and state laws regarding sexual misconduct, including but not limited to; <br />Section 5.1.1 The Prison Rape Elimination Act of 2003 (PREA); <br />Section 5.1.2 The standards for adult prisons and jails or community confinement facilities, <br />whichever is applicable, as promulgated by the United States Attorney, <br />Section 5.1.3 RCW 72.09.225 or RCW 13.40.570, regarding sexual misconduct by state <br />employees, contractors; <br />Section 5.1.4 RCW 9A.44.010, regarding definitions, <br />Section 5.1.5 RCW 9A.44.160, regarding custodial sexual misconduct in the first degree; and, <br />Section 5.1.6 RCW 9A.44.170, regarding custodial sexual misconduct in the second degree. <br />Section 5.2 Monitoring. The Contractor agrees to provide to the Departinent documented <br />compliance with the federal PREA standards, and to allow the Department to monitor the <br />Facility's compliance. <br />Section 5.2.1 Monitoring may include, but is not limited to: site visits, access to facility data, and <br />review of applicable documentation. <br />Section 5.2.2 The Department may terminate this Contract should the Contractor fail to provide <br />documentation that demonstrates that the Contractor is actively and effectively working toward <br />and is making substantive progress toward achieving compliance or should the Contractor fail <br />to maintain PREA compliance between auditing periods, after being given a reasonable <br />opportunity to cure. <br />Section 5.3 Termination. The Department may terminate this Contract should Contractor elect <br />to discontinue pursuit of PREA compliance ar should the Contractor be found in <br />noncompliance through a PREA audit and fail to cure such noncompliance within the identified <br />time -frames or should the Contractor be found to be in egregious violation of PREA. <br />State of Washington K9561 (4) Page 15 of 25 <br />Department of Corrections 158362 <br />