HomeMy WebLinkAboutSHJ24-007 NIJO DACOTA AMENDMENT - PARTIALLY EXECUTEDFoR1
GNANI
PROPOSAL
and
TERMS &CONDITIONS
Kittitas County Sheriff's Office
October 14, 2026
CLIENT CONTACT DETAILS
Kittitas County Sheriff's Office
AGENCY/ORGANIZATION 307 W. Umptanum Road
Ellensburg, WA 98926
Jeff Barnsley
PRIMARY CONTACT Lieutenant
509-962-7619
Jeff.ba rnsley@co. kittitas.wa.us
PROJECT MANAGEMENT DETAILS
Rebecca Moltz-Sandhu
Agency Development Specialist
National Institute for Jail Operations (NIJO)
NIJO CONTACT 41 West Center Street, Ste. 3
PO Box 1115
Midway, UT 84049
(318) 422-2366 - Direct
(801) 810-JAIL (5245) - Office
rebecca@jailtraining.org
PROPOSED LEGAL -BASED SOLUTIONS
• Detention and Corrections Online Training Academy (DACOTA)
• Academy of Basic Corrections (ABC)
Proposal and Terms & Conditions
BACKGROUND
The National Institute for Jaii Operations (NIJO) provides resources for sheriffs to makejails safer,
more secure and protect against liability and adverse publicity. Services provided by NIJO include
the creation and maintenance of legal -based guidelines specific to states and circuit courts,
comprehensive staffjail training, comprehensive jail audits and inspections, professional certification,
facility accreditation, policy and procedure development, legal and technical assistance.
Agencies across the United States have openly expressed the need for affordable, legal -based
training for staff. Another need commonly expressed is the need for protection and defense against
frivolous inmate lawsuits. NIJO provides solutions for both and is fully dedicated and exclusive to
corrections.
The National Institute for Jail Operations (NfJO) offers comprehensive training services for agencies
with a variety of options based on individual needs, resources and budgets. The State of Washington
requires annual training for each staff member working in a county jail facility. To meet this
requirement through a legal -based training curriculum, NIJO has partnered with many agencies to
provide Detention & Corrections Online Training Academy (DACOTA). This proposal and terms and
conditions introduces NIJO's online training academy, defines the scope of work included and
provides a cost quote for consideration. Kittitas County Sheriffs Office (KCSO) has requested a quote
for the following NIJO-led services -
Proposal 3
Detention and Corrections Online Training Academy (DACOTA)
DACOTA offers over 75 hours of engaging and interactive legal -based online training taught by NIJO
experts. Curriculum includes critical operational and highly litigious topics broken down into 10 key
areas of focus.
13A( A
SEARCHES USE OF FORCE &RESTRAINT$
CIVIL LIABILITY &
RISK MANAGEMENT
• Introduction to Inmate Searches
• Use of Force 1: Overview
e Preparation for Civil Litigation and
• Body Cavity Searches
• Use of Force 2: Convicted inmates
Testimony
• Searches: Cells & Living Spaces
• Use of Force 3: Pre -Trial Detainees
• Writing Legal -Based Defensible Policies
& Procedures
INMATE
PERSONNEL
INMATE SAFETY,
HEALTHCARE
MANAGEMENT
SECURITY & WELFARE
• Mental Health Basics
• Code of Conduct
e Inmate Care: Providing Required Life
• Medical Screening
. Dangers of Social Media
Necessities Part 1
• Bloodborne Pathogens
• Diversity and Inclusion
• Inmate Care: Providing Required Life
• Airborne and Droplet Pathogens in
. Emotional intelligence
Necessities Part 2
Correctional Facilities
• Ethics in Corrections
• Suicide: Risk and Prevention
• Responding to Individuals Experiencing a
• Identifying Toxic Employees
• Suicide: Proactive Prevention
Mental Health Crisis
• Preventing Toxic Employees
Requirements
• Mental Health Care Part 1&2:
• Leadership: How Do I Follow
. Suicide: Exposure and Security Checks
Administration
• Leadership: How Do I Grow
. Suicide: Crime Scene, First Responders
• Managing Mentally III in Jails
• Leadership How Do I Lead
and Investigation
• Inmates With Special Needs
. Social Intelligence
. In -Custody Death Investigations
INMATE MANAGEMENT
RELIGION
ELECTIVES
• Introduction to Inmate Discipline
. Inmate Marriage
• Communications Basics
• Inmate Discipline: Overview
• Gender Identity Dysphoria
• Communications: News Media
• Inmate Discipline: Pre -Hearing Actions
• Gender Response Issues
. Correctional Stress: Managing Trauma
• Inmate Discipline: Due Process Hearings
• Managing Religious Programming
• De -Escalation Skills
• Inmate Discipline: Post -Hearing Actions
• Religion 1: Overview
• Interpersonal Communications 1
• Inmate Discipline: Imposing Punishments
• Religion 2: First Amendment
. Interpersonal Communications 2
• Intake & Release
. Religion 3: RLUIPA
. Interpersonal Communications 3
• Inmate Classification
. Corrections Officers -Knights of Today
EMERGENCY PLANNING
INMATE COMMUNICATIONS
• Inmate Grievances
• Grievance Systems
• COVID-19 and Other Communicable
• Inmate Access to Courts & Counsel
. Solitary Confinement
Diseases
. Inmate Mail Systems
• Critical Decision -Making for Supervisors
• Contingency Planning: Incident
Management
• Contingency Planning: Life & Fire Safety
• Emergency Response
Approved for all levels of NIJO Certification.
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(NOTE: Certification application fees are separate and are not included in the cost of DACOTA).
41 Proposal and Terms & Conditions
Academy of Basic Corrections
The Academy of Basic Corrections provides new and existing line level staff with 35-hours of legal -
based basic training. Individuals are given 90 days to complete the module which is avaiiable online
through NUO's online training platform.
ACADEMY OF BASIC CORRECTIONS
Correctional Laws
and inmate Rights
• inmate Rights
• 1st Amendment
• 4th Amendment
• 6th Amendment
• 5th & 14th Amendment
• 8th Amendment
• Qualified Immunity/Personal
Liability
• Deliberate Indifference
• Duty to Protect
. Code of Ethics
• American with Disabilities Act
+ Medical and Mental Health
Inmate Management
• Inmate Grievances and PLRA
• Basic Classification
• Inmate Discipline, Rules and
Regulations
• Suicide Awareness and
Prevention
• PREA
• Special Needs Inmates
• Booking and Intake
• Contraband and Identification &
Control
• Key and Tool Control
• Escape Awareness and
Detection
• Crime Scene Preservation
• Gang Awareness
Inmate Services
• Inmate Communication
• Food Services & Commissary
• Religion
• Workers
• Transportation
Personnel
• Blood-borne/Airborne
Pathogen Precaution
• Cultural Diversity Awareness
• Unconscious Bias
• Fire Life Safety
• Stress Awareness
• Sexual Harassment
"[R]eliance on ... correctional standards issued by various groups is misplaced ...
And while the recommendations of these various groups may be instructive
in certain cases, they simply do not establish the constitutional minima; rather,
they establish goals recommended by the organization in question!
-- Bell v. Wolfish, 447 U.S. 520, 543 n.27 (7979)
r.i7
I T. IProposal 5
NUO RESPONSIBILITIES
• Appoint key contact for communication between NIJO and KCSO.
• Schedule annual review of DACOTA use with KCSO.
• Assist KCSO with training and support of DACOTA.
• Monitor progress of certification efforts and update KCSO on completion statuses.
• Identify any needed additional services to fulfill agreement related to DACOTA.
• Maintain the web -based management platform to ensure user access and functionality.
AGENCY RESPONSIBILTIES
• Appoint key contact for all communication between NIJO and KCSO.
• Participate in annual review of DACOTA use and manage any deficiencies in training hour
requirements.
• Assign/monitor training for new hires and ongoing staff for annual requirements.
• Assist NIJO in obtaining staff/users information as necessary to operate the web -based
management platform.
Proposal and Terms & Conditions
Costs and Financial Considerations
This section provides a baseline price and set basic parameters for the terms and conditions herein. It
is written in accordance with the above initial parameters as provided by KCSO. This proposal is valid
for 60 days. Without a contractual agreement, NIJO reserves the right to make modifications or
changes to the proposal without notice.
As part of the Terms and Conditions, the duration of this agreement is three (3) years. Unlimited
auto -renewals will be included thereafter until modified by either NIJO or KCSO. A thirty (30) day
termination notice is required contractually.
Kittitas County Sheriffs Office
COST
DACOTA/ABC — One Time Implementation Setup Cost
PAID
DACOTA Annual Cost Per User ($150 x 5 Users)
$750
ABC- $125/User- 90 Days To Complete
Invoiced When New User Set Up IsRequested
NOTE:
• An active user is defined as one with authorized DACOTA access and has utilized the DACOTA library by
beginning or completing a course within the last year.
• Agency pricing is based on volume of annual users and is reassessed annually or as needed by NIJO. Rates are
subject to change accordingly.
• Any additional consulting charges excluding Organization Service will be billed monthly at the hourly rate of
$125 per hour. Any failure to make the required annual payments may result in NIJO terminating service
without any additional notice.
Carl Proposal
Additional Legal -Based Solutions Available:
• Customized Live Training programs
• Policy and Procedure Development
• NIJO National Accreditation for facilities
• Professional Certification — NIJO Professional Certification is a professional designation —
earned not issued — forjail and detention officers, supervisors, administrators, and sheriffs
who have demonstrated to possess the requisite understanding, knowledge, skills, experience
and abilities to function to a specific level. NIJO provides three distinct levels of professional
certification for individuals seeking for career development and advancement in their field.
➢ National Certified Corrections Officer (NCCO) - $145/person
➢ National Certified Corrections Supervisor (NCCS) - $285/person
➢ National Certified Corrections Executive (NCCE) - $395/person
• ELITE Academy — Exclusive command staff level training with administrative and leadership
focus.
• JAILCON Regional Conferences Annual 3-day corrections training conference for all staff
offering 20 hours of legal -based training in three locations:
o JAILCON West— Chandler, AZ (June 10-12, 2024)
o JAILCON South — Mobile, AL (August 26-29, 2024)
o JAILCON Central —French Lick, IN (October 8-10, 2024)
Proposal and Terms & Conditions
DACOTA/ABC TERMS & CONDITIONS
The terms and conditions set forth, unless modified in writing by the National Institute for Jail Operations or its
affiliates or parents ("NIJO" and/or "Seller"), shall govern all transactions between NIJO and Kittitas County
Sheriff's Office (KCSO), identified below as "Organization', notwithstanding any conflicting term or condition of
Organization's purchase, acknowledgement or any other document or communication to the contrary.
1. Term. These Terms and Conditions between the parties of this agreement is (3) three years, beginning April
30, 2027. At the expiration of three (3) years, the agreement will automatically renew services unless the
Organization notifies NIJO within thirty (30) days of the expiration. Unlimited auto -renewals will be included
thereafter until modified by either NIJO or Organization.
2. Services. NIJO currently provides users with access to a variety of onlinejail training resources, including
the Detention and Corrections Online Training Academy (DACOTA), various hosted online training
communications tools, systems, productivity and tracking software, personalized content and branded
programming through its network of properties (the "Service"). NIJO shall render Services to Organization
as set forth in Exhibits, Work Orders or such other documents outlining the scope of services to be
provided. All Work Orders or purchase orders submitted by Organization are subject to acceptance by
NIJO in its sole discretion. All Work Order or purchase orders submitted are not accepted until NIJO
confirms such acceptance in writing. Nothing contained in any Work Order or purchase order or other
correspondence shall in any way modify these terms and conditions or add any additional terms or
conditions, all of which are hereby expressly objected to and rejected by Seller. Organization agrees not to
reproduce, duplicate, copy, sell, resell or exploit for any commercial gain, any portion of the Service and its
contents, use of the Service, or access to the Service and its contents other than utilizing the data provided
by the Service. (See Agreed Services To Organization/Exhibit A). Organization should also rely on its own
legal counsel to determine policies and procedures. Content and resources provided as part of these
services by NIJO are to be used solely for training purposes and shall not be construed as legal advice.
Users of these services and materials should consult legal counsel to determine how the laws of their
individual jurisdiction affect the application of these services and materials to their individual circumstances.
3. Links, The Service may provide, or third parties may provide, links to other World Wide Web sites or
resources. Because NIJO has no control over such sites and resources, Organization acknowledges and
agrees that NIJO is not responsible for the availability of such external sites or resources and does not
endorse and is not responsible or liable for any content, advertising, products, or other materials on or
available from such sites or resources. Organization further acknowledges and agrees that NIJO shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or services available on or through any such
site or resource.
Proposal 9
4, Organization Cooperation. Organization shall cooperate and make its facilities, information, data and
equipment available to NIJO in a timely manner for completion of Services. If Organization requires any
security or authorization procedures for NIJO employees or contractors to access its facilities, systems
and/or equipment, then Organization shall perform such procedures and provide necessary passes or
otherwise for NIJO access. Organization is solely responsible for securing its property, systems, equipment,
facilities, personnel and guests.
5. Payment. Unless otherwise agreed in writing between NIJO and Organization, terms of payment for
services rendered by NIJO are net thirty (30) days from date of invoice. NIJO may require a completed
credit application at its option. Seller shall not be required to make any shipment or render any services
unless payment is made consistent with any terms NiJO has required for this order or any other orders from
Organization. Unless otherwise agreed to by NIJO, all payments hereunder shall be in U.S. dollars. Any
amounts owing hereunder and not paid when due shall bear interest at a rate of 1 112% per month, which is
an annual percentage rate of 12% per annum, applied to the adjusted previous balance from and after the
due date thereof. Failure to pay any amount owing in full on the terms specified herein shall void all
discounts given. Organization shall pay all of NIJO's costs and expenses (including attorneys' fees, court
costs and other collections costs) incurred to collect any amounts owing Seller. Seller reserves the right to
apply interest charges retroactively, whether or not they are shown on individual statements or invoices.
6. Taxes. Each party shall be responsible for its own taxes, duties or fees levied by any government authority
as a result of the Products or Services hereunder.
7. Relationship. NIJO's relationship with Organization shall be that of an independent contractor and nothing
in these Terms and Conditions can or should be construed to create a partnership, joint venture, agency or
employer --employee relationship.
8. Confidentiality. Neither party shall disclose or use for any purpose except as outlined hereunder including
without limitation (i) the financial terms between the parties; (ii) the technology, ideas, formulae, know how,
documentation, procedures, algorithms and trade secrets embodied in the Services, technical
documentation, solution methodology (e.g. forecasting and optimization techniques), user manuals and
other deliverables, (iii) Organization business or marketing data; and/or (iv) any other information, whether
in written or magnetic media, that is identified as confidential; except such information that (a) is known to
either party prior to its first receipt of such information, (b) is generally known to the public prior to its
receipt by Organization, (c) becomes available to the public other than as a result of a disclosure by either
party; (d) is required to be disclosed pursuant to an applicable law or by order of any court or
governmental agency; or (e) is independently developed by either party without reference to confidential
information.
9. Intellectual Property. NIJO and its licensors retain and reserve exclusive ownership of all worldwide
copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, property rights and all other
industrial rights in the Services, including any derivative works, modifications, customizations, updates, or
10 1 Proposal and Terms & Conditions
enhancements and NIJO grants Organization a limited non-exclusive license to use such rights for the
purposes hereunder.
10. Termination. Prior to the conclusion of the third (3) year, either party may terminate the agreement by
providing the other party thirty (30) day written notice. If termination has been requested by the
Organization, it is agreed the Organization will pay in full any outstanding invoices. Organization agrees
that any termination of access to the Service under any provision of this agreement may be effected sixty
(60) days after receipt of written notice, and acknowledge and agree that NIJO may immediately deactivate
or delete their accounts and/or bar any further access to such files or the Service. It is agreed NIJO will
maintain and manage administrative access rights once notice is served for termination by either party.
Upon a scheduled termination of this contract, Organization's data within the system is provided to
Organization via the system's standard reports in csv format. Users can extract core audit information using
the standard reports at any time. If requested, custom data extraction is provided at a labor rate of $125 per
hour plus media and or line charges for data transfer as requested by individual counties. If NIJO
terminates the contract, custom data extraction is will be provided at a labor rate of $85 for up to 120 days
of the termination notice date.
11. Force Majeure. Either party shall be excused from performing hereunder to the extent that it is prevented
from performing as a result of any act or event which occurs and is beyond its reasonable control,
including, without limitation, acts of God, war, weather, utility, network, or telecommunications outages,
unrest or riot, strikes any action of a governmental entity; terrorist events, etc. provided that the party
experiencing the force majeure provides the other with prompt written notice thereof and uses reasonable
efforts to remedy effects of such matter.
12. Services warranty. NIJO shall perform Services at or above industry standards and Services shall
substantially conform to such standards. NIJO's services and equipment are provided "as is" without any
warranty whatsoever. Organization recognizes that the as is clause of this agreement is an important part of
the basis of this agreement, without which NIJO would not have agreed to enter this agreement. NIJO
disclaims all other warranties, express, implied, or statutory, including but not limited to any warranties of
merchantability, fitness for a particular purpose, title, and noninfringement, with regard to the services and
equipment. No representation or other affirmation of fact regarding the services or equipment shall be
deemed a warranty for any purpose or give rise to any liability of NIJO whatsoever. Organization
acknowledges that it has relied on no warranties other than the express warranty in this agreement.
13. Limitation of liability. Under no circumstances shall either party's aggregate cumulative liability to the other
party hereunder, whether in contract, tort, or otherwise, exceed the total amount of fees actually paid to
NIJO under this agreement. Organization acknowledges that the fees paid by it reflect the allocation of risk
set forth in this agreement and that NIJO would not enter into this agreement without these limitations on
its liability.
Proposal
14. Miscellaneous. This Agreement and any dispute arising hereunder shall be construed in accordance with
the laws of the State of Washington without regard to principles of conflict of laws. For the purpose of this
Agreement, both parties consent to the personal jurisdiction of the state and federal counts located in the
State of Washington. If any provision of Terms and Conditions is prohibited by law or held to be
unenforceable, the remaining provisions hereof shall not be affected, and these Terms and Conditions shall
continue in full force and effect as if such unenforceable provision had never constituted a part hereof, and
the unenforceable provision shall be automatically amended to so as to best accomplish the objectives of
such unenforceable provision within the limits of applicable law. Any waiver of a provision of these Terms
and Conditions must be in writing and signed by the party to be charged. A valid waiver hereunder shall
not be interpreted to be a waiver of that obligation in the future or any other obligation under these Terms
and Conditions. These Terms and Conditions constitute the entire agreement between the parties related to
the subject matter thereof, supersedes any prior or contemporaneous agreement between the parties
relating to the performance of work under a Work Order.
12 1 Proposal and Terms & Conditions
ACKNOWLEDGEMENT AND AGREEMENT BY ORGANIZATION
Representative Acceptance of Proposal and Terms and Conditions
Printed Name Title
CA,4 y M yG 2 S' �SHERI FF,
Signature Date
,�J,7 //- 3 —k�
NIJO/AARMS Representative
Printed Name Title
Signature Date
Kittitas County Sheriff's Office
Services In
this
Agreement
Implementation
Cost
Annual Cost
DACOTA Annual Training Per Officer/Active User
License ($150 x 5 Licenses)
Y
PAID
$750
ABC @ $12VUser
y
$ 0
$0
Legal Based Jail Guidelines
N
$0
$0
Policy and Procedure Development
N
$0
$0
Customized Live On -site Training
N
$0
$0
NIJO Professionai Certification
N
$0
$0
NIJO Accreditation
N
$0
$0
Proposal 1 13
(A) Agreed Services to Organization
DETENTION AND CORRECTIONS ONLINE TRAINING ACADEMY (DACOTA)
DACOTA"s curriculum is based on applicable case law to ensure course content is defensible and
current to what the courts will require of those who operate detention facilities. DACOTA incorporates
videos, choice -based scenarios and other interactions that require the involvement and
comprehension verification of those using the system. Subjects are selectively taught by recognized
and established detention and correctional experts in the US. Most courses are one hour in length
unless otherwise noted. After each course, testing is provided as documented proof of completion
and individual verification of content comprehension. Certificates can be printed and administrators
have the ability to access and print reports for individuals and entire agencies. Seventy courses are
currently available with over 75 hours of training included. New courses are added continuously.
NIJO's DACOTA training platform solves obstacles a facility faces in maintaining annual training
requirements for officers. The online format allows officers access to training at a time and pace that
makes operational sense. Because the courses are available 24/7/365, officer time away from their
post is minimized, saving agencies overtime coverage and costs. Additionally, a vast amount of
training funds typically budgeted towards travel and overnight accommodations for live training is
eliminated.
Should Kittitas County Detention Officers choose to pursue NIJO Professional Certification, these
courses are all approved for National Certified Corrections Officer (NCCO), National Certified
Corrections Supervisor (NCCS), and National Certified Corrections Executive (NCCL) certification.
DACOTA provides the following agency benefits:
➢ Legal -Based Principles. Training content is centered on what the courts of the land require,
not generic "best practices" that are not defensible in court. References to the NIJO tegal-
Based Jail Guidelines are included to material as appropriate so that agencies using them are
unified with policies, procedures and training efforts.
➢ Accessibility. DACOTA online training can be accessed anytime, anywhere to address
immediate needs and issues or as an ongoing in-service training library.
14 Proposal and Terms & Conditions
➢ Less Workflow Disruption. Officers and staff can receive targeted, quality training regardless
of shift time and location.
➢ Training Documentation. Individuals and agencies can manage and track the completion of
each course for proof of completion. Testing is available for all courses. Certificates can be
printed by individual user upon successful completion.
➢ Maximize Time. Self -directed online training typically reduces instructional time by 45%.
Courses are general broken into one (1) hour sessions to be effectively used as in-service and
other agency required training.
➢ Affordable Cost Savings. The cost of live training, including travel and lodging expenses,
staffing issues while out of office, and other labor concerns can be greatly reduced by using
online training.
NationaI Institute fug J-i-: Oppi itiom (NIJO). Cc, 1), nghr,-0_`4. All Right, Reserva.1. Proposal 1 15