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Section 4.2 Personnel. The Contractor agrees to retain sufficient personnel to deliver 24-hour care and supervision to Department offenders, consistent with Contractor1s policies and the governing laws, as well as administrative and support service personnel for the overall operation of the Facility. The Contractor agrees to subject all applicants to a thorough background check prior to their employment at the Facility. Section 4.3 Training. Each Party agrees to train its employees in accordance with its own policies and the law. Each Party also agrees to be responsible for all claims, damages, liability and court awards (including costs, expenses and attorney fees) incurred against itself as a result of any action or omission of its own employees, agents, subcontractors or assignees incurred in connection with the training. Article V PREA COMPLIANCE Section 5.1 Compliance. The Contractor agrees to maintain zero tolerance toward all forms of sexual abuse and sexual harassment and to ensure that all of the Contractor's employees, vendors and volunteers who have contact with Department offenders comply with all federal and state laws regarding sexual misconduct, including but not limited to: Section 5.1.1 The Prison Rape Elimination Act of 2003 (PREA); Section 5.1.2 The standards for adult prisons and jails or community confinement facilities, whichever is applicable, as promulgated by the United States Attorney, Section 5.1.3 RCW 72.09.225 or RCW 13.40.570, regarding sexual misconduct by state employees, contractors; Section 5.1.4 RCW 9A.44.010, regarding definitions, Section 5.1.5 RCW 9A.44.160, regarding custodial sexual misconduct in the first degree; and, Section 5.1.6 RCW 9A.44.170, regarding custodial sexual misconduct in the second degree. Section 5.2 Monitoring. The Contractor agrees to provide to the Department documented compliance with the federal PREA standards, and to allow the Department to monitor the Facility's compliance. Section 5.2.1 Monitoring may include, but is not limited to: site visits, access to facility data, and review of applicable documentation. Section 5.2.2 The Department may terminate this Contract should the Contractor fail to provide documentation that demonstrates that the Contractor is actively and effectively working toward and is making substantive progress toward achieving compliance or should the Contractor fail to maintain PREA compliance between auditing periods, after being given a reasonable opportunity to cure. Section 5.3 Tenninatio.n. T he Department may terminate this Contract should Contractor elect to discontinue pursuit of PREA compliance Q!. should the Contractor be found in noncompliance through a PREA audit and fail to cure such noncompliance within the identified time-frames or should the Contractor be found to be in egregious violation of PREA. State of Washington Department of Corrections K9561 (4) Page 15 of 25 158362