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South Correctional Entity (SCORE) Housing Agreement
<br />Updated: 06/23/2024 | Page 7 of 17
<br />judgments, costs and expenses (including reasonable attorney’s fees) (also including but not limited
<br />to claims related to false arrest or detention, alleged mistreatment, alleged violatio n of civil rights
<br />(unless the Contract Agency has affirmatively notified SCORE in writing that a probable cause
<br />determination has been made within 48 hours of the arrest of the person bringing the claim), injury,
<br />or death of any Contract Agency Inmate, or loss or damage to Contract Agency Inmate property
<br />while in SCORE custody) that result from or arise out of the acts or omissions of the Contract Agency,
<br />its elected officials, officers, employees, and agents in connection with or incidental to the
<br />performance or non-performance of the Contract Agency’s services, duties, and obligations under
<br />this Agreement.
<br />In the event the acts or omissions of the officials, officers, agents, and/or employees of both the
<br />Contract Agency and SCORE in connection with or incidental to the performance or non-
<br />performance of the Contract Agency’s and or SCORE’s services, duties, and obligations under this
<br />Agreement are the subject of any liability claims by a third party, the Contract Agency and SCORE
<br />shall each be liable for its proportionate concurrent negligence in any resulting suits, actions, claims,
<br />liability, damages, judgments, 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 third
<br />party to indemnification or defense.
<br />SCORE and the Contract Agency 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 Parties
<br />hereto.
<br />The provisions of this section shall survive any termination or expiration of this Agreement.
<br />SECTION 17. INSURANCE.
<br />SCORE and the Contract Agency shall provide each other with evidence of insurance coverage, in the
<br />form of a certificate or other competent evidence from an insurance provider, insurance pool, or of
<br />self-insurance sufficient to satisfy the obligations set forth in this Agreement.
<br />SCORE and the Contract Agency shall each maintain throughout the term of this Agreement
<br />coverage in minimum liability limits of one million dollars ($1,000,000) per occurrence and two
<br />million dollars ($2,000,000) in the aggregate for its liability exposures, including comprehensive
<br />general liability, errors and omissions, auto liability and police professional liability. The insurance
<br />policies shall provide coverage on an occurrence basis.
<br />Each Party shall provide to the other Party at least 30 days advance notice of any cancellation,
<br />suspension, or material change in coverage.
<br />SECTION 18. TERMINATION.
<br />Either Party may terminate this Agreement, with or without cause, by providing the other Party with
<br />90 days written notice of termination as provided in RCW 70.48.090.
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<br />SECTION 19. RECORDS.
<br />The Parties hereto shall maintain all records, reports, and documents created, held or maintained
<br />under this Agreement and the services to be provided hereunder in accordance with chapter 42.56
<br />RCW (the Washington Public Records Act), chapter 40.14 RCW (Preservation and Destruction of
<br />Public Records) and all other applicable federal, state and local laws and regulations.
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