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South Correctional Entity (SCORE) Housing Agreement <br />Updated: 06/23/2024 | Page 8 of 17 <br />SECTION 20. OPERATION OF SCORE FACILITY; PRISON RAPE ELIMINATION ACT. <br />SCORE shall manage, maintain, and operate the SCORE Facility in compliance with all applicable <br />federal, state, and local laws and regulations. SCORE acknowledges and complies with the terms of <br />the Prison Rape Elimination Act regarding custodial sexual misconduct as set forth in Exhibit C. <br /> <br />SECTION 21. HIPAA AND HITECH COMPLIANCE. <br />The Parties shall comply with all requirements of the Federal Health Insurance Portability and <br />Accountability Act of 1996 (HIPAA) and the Federal Health Information and Technology for Economic <br />and Clinical Health Act (HITECH Act) as applicable, which relate to the Parties’ responsibilities under <br />this Agreement, as well as state laws and regulations including chapter 70.02 RCW. <br /> <br />SECTION 22. EQUAL OPPORTUNITY. <br />Neither Party shall discriminate against any person on the grounds of race, creed, color, religion, <br />national origin, sex, age, marital status, sexual orientation, veterans and military status, political <br />affiliation or belief or the presence of any sensory, mental, or physical handicap in violation of any <br />applicable federal law, Washington State Law Against Discrimination (chapter 49.60 RCW) or the <br />Americans with Disabilities Act (42 USC 12110 et seq.). <br />SECTION 23. MISCELLANEOUS. <br />A. Real or Personal Property. It is not anticipated that any real or personal property will be <br />acquired or purchased by the Parties solely because of this Agreement. <br />B. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned, <br />or transferred in whole or in part by a Party to any other person or entity without the prior <br />written consent of the other Party. In the event that such prior written consent to an <br />assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the <br />assigning Party stated herein. <br />C. Non-Waiver. The failure of either Party to insist upon strict performance of any provision of this <br />Agreement or to exercise any right based upon a breach thereof or the acceptance of any <br />performance during such breach shall not constitute a waiver of any right under this Agreement. <br />D. Severability. If this Agreement, or any portion of this Agreement, is held invalid by a court of <br />competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. <br />E. Governing Law. This Agreement shall be governed by and construed in accordance with the <br />laws of the State of Washington. If any dispute arises between the Parties under any of the <br />provisions of this Agreement, resolution of that dispute shall be available only through the <br />jurisdiction, venue and rules of the King County Superior Court, King County, Washington. <br />F. Attorneys’ Fees. In any claim or lawsuit for damages arising from the Parties’ performance of <br />this Agreement, each Party shall be responsible for payment of its own legal costs and <br />attorney’s fees incurred in defending or bringing such claim or lawsuit; however, nothing in this <br />subsection shall limit each Parties’ right to indemnification under this Agreement. <br />G. Approval and Filing. Each Party shall approve this Agreement by resolution, ordinance, motion <br />or otherwise pursuant to the laws of the governing body of each Party. The signatures of the <br />authorized signatories below shall constitute a presumption that such approval was properly <br />obtained. A copy of this Agreement shall be filed and/or posted pursuant to chapter 39.34 RCW.