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AcoOsS6 CORRECTIONAL SERVICES CONTRACT This AGREEMENT is made between the State of North Dakota, by the Department of Corrections and Rehabilitation, 3100 East Railroad Avenue, PO Box 1898, Bismarck, ND 58502, (referred to as the "DOCR"), and the Southwest Multi-County Correction Center, 66 Museum Drive, Dickinson, ND 58601 (referred to as "SWMCCC’), WHEREAS, the 65th Legislative Assembly of the State of North Dakota has enacted legislation and appropriated funds for the DOCR to contract to provide correctional services for women offenders sentenced to the custody of the DOCR; and WHEREAS, the SWMCCC is a regional corrections center with Billings, Hettinger. Bowman, Dunn, Stark, and Slope County as participating counties and has a regional corrections facility in Dickinson, North Dakota, and a correctional facility in New England, North Dakota; and WHEREAS, the SWMCCC is able to provide correctional services in its New England correctional facility for adult women offenders who have been sentenced to the custody of the DOCR, NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE DOCR AND THE SWMCCC THAT THE SWMCCC PROVIDE CORRECTIONAL SERVICES FOR INMATES IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. 4. DEFINITIONS a. CORRECTIONAL SERVICES: Includes administrative services; security and contraband control; transportation; criminal history and sentencing reports; orientation, victim information and services; visitation, mail, and telephone; clothing; inmate financial accounts and property; grievance procedures; disciplinary procedures; offender employment; meals and dietary services, health care services including physician and nursing services, physical therapy, pharmacy, eye care, and dental care; mental health, psychiatric and psychological services; disability services; interpreter and language assistance services; assessment, evaluation, and treatment services; drug and alcohol detoxification; religious practices; case planning and classification services; education and vocational rehabilitation services; library and access to courts; recreation; and records retention. b. DWCRC: Means either the facility located in New England, North Dakota known as the Dakota Women's Correction and Rehabilitation Center and includes the staff of the Dakota Women's Correction and Rehabilitation Center acting as agents for the Southwest Multi-County Correction Center (‘SWMCCC’), in providing correctional services to inmates, as such usage may be appropriate in its context AcoOss6 c. FACILITY: Means a building, or set of buildings, or area, used for the lawful physical custody of inmates d, HICFA FORM: Means the universal health care claim form for payment in accordance with Medicaid rules and fee schedules. e. INMATE: Means a woman offender whom a North Dakota District Court has sentenced to the legal and physical custody of the DOCR and whom the DOCR has housed at the DWCRC under this Agreement f, MAY: Means that a certain feature, component or action is authorized, but is not mandatory. g. MUST: Means that a certain feature, component or action is a mandatory condition or requirement. h. N.D.C.C.: Means the North Dakota Century Code, the laws enacted by the North Dakota Legislature i. ADULT SERVICES DIVISION: Means a division of the DOCR and includes the North Dakota State Penitentiary, Bismarck, North Dakota, and its affiliated facilities, the Missouri River Correctional Center, Bismarck, North Dakota, and the James River Correctional Center, Jamestown, North Dakota. j. SHALL: Has the meaning as the word "must", k, SHOULD: Means that a certain feature, component, or action is recommended but is not mandatory. |, SWMCCC: Means the legal entity known as the Southwest Multi-County Correction Center 2. GOVERNING LAWS This Agreement shall be construed according to the laws of the state of North Dakota, 3. SUBCONTRACTING SWMCC may not assign or sub-contract its correctional services obligations without the written authorization of the DOCR. Nothing contained within this contract document may be construed to create any contractual relationships between any subcontractor of the SWMCCC and the DOCR, 4, GENERAL CONTRACT PROVISIONS, a, The SWMCCC shall comply with all applicable federal and state constitutional ‘ACO0SSE requirements and laws, with all standards and codes identified in this Agreement, with applicable court orders, and with the DOCR policies and procedures, as the same may be applicable to the care and custody of the inmates in the DOCR's Adult Services Division facilities. The DOCR and the SWMCCC acknowledge that certain DOCR policies, procedures and standards may not be applicable to the SWMCCC due, in part, to the differences in the SWMCCC facilities compared to Adult Services Division facilities. Notwithstanding anything in this Agreement to the contrary, the SWMCCC shall implement and enforce DOCR policies, as required in this, Agreement, to the full extent reasonably possible taking into consideration the differences of the SWMCCC and Adult Services Division Facilities. Exceptions or variances are to be submitted to the DOCR for review and approval prior to implementation. DWCRC policies must be approved by DOCR. b. It is the intent of this Agreement to provide programs and services to the inmates housed under this Agreement in parity to the extent required by law, with those programs and services provided to the male inmates housed by the DOCR in its Adult Services Division facilities. In construing this Agreement, the DOCR and the SWMCCC shall work together in good faith to attain such parity, but this Agreement shall not be construed to require the SWMCCC to provide programs and services in excess of those necessary to attain such parity. cc. When the context of the Agreement requires it, SWMCCC includes the DWCRC and the DWCRC includes the SWIMCCC. 5. COMPENSATION AND BILLING The DOCR shall pay for correctional services provided by the SWMCCC, by direct deposit on a monthly basis within five (5) days of written payment request therefore from the SWMCCC, the amount of $10,761,960.00 with a monthly payment of $448,415.00 in the biennium of (2017-2019) encompassed by this agreement, If the DOCR finds that any part of the correctional services for which payment is requested is not acceptable, it may withhold payment for those services only if it shall, within five (5) days of written payment request from the SWMCCC provide to the SWMCCC a written explanation of the DOCR's objection and a recitation of all remedial action to be taken. The DOCR recognizes that it is in the best interests of the state of North Dakota, the DOCR, the counties that participate in the SWMCCC, and the inmates housed al the DWCRC that the DWCRC not operate with a deficit or become insolvent and that the DWCRC be able to timely meet its financial obligations. If the costs for the operation of the DWCRC are projected to exceed revenue under this Agreement, the DOCR agrees to provide the emergency commission or budget committee of the North Dakota Legislature financial information and to take any necessary action that may