Common use of Substantive Terms Clause in Contracts

Substantive Terms. Caveat: Below, this Agreement sets forth the substantive protocols and procedures the parties have agreed the Sheriff will continue to implement and comply with upon the effective date of this Agreement. It is the Sheriff’s desire that this Agreement also specifically identify the protocols and procedures the Sheriff was performing prior to the litigation and prior to any settlement negotiation. Plaintiffs agree to allow the Sheriff to make that identification via “Sheriff’s statements,” below; however, Plaintiffs have not verified the Sheriff’s statements via discovery or other means. Plaintiffs therefore do not intend the inclusion of the Sheriff’s statements as any form of admission or acknowledgment by the Plaintiffs that the Sheriff’s statements are factually accurate. The parties agree that the inclusion of the Sheriff’s statements shall not be construed as Plaintiffs’ admission to, acknowledgement of, or agreement with the Sheriff’s statements. 30. Defendant shall continue to implement and comply with the following: 31. Conduct temperature and COVID-19 symptom checks consistent with CDC guidance at intake/booking. 32. Maintain social distancing of at least six feet in intake holding cells and other areas where newly admitted persons are held before their transfer to Jail facilities where possible. Defendant shall document all instances where prisoners were not kept at least six feet apart, providing the reason for why they were not kept at a distance of six feet, and timely report to Plaintiffs on these instances. Newly admitted prisoners shall be provided face coverings before entering the booking area. No one shall spend more than six (6) hours in the booking area. Staff shall wear face coverings and gloves in the booking area while within six feet of prisoners. The term “face coverings” as used in this Agreement shall mean a covering made of cloth covering the nose and mouth that is capable of being sanitized on a regular basis; and, surgical, KN95, and N95 masks that are utilized and replaced on a regular basis and per manufacturers’ instructions. 33. Prominently display in all prisoner housing units, the booking area, and other common areas in an accessible format information on COVID-19 infection (including symptoms, transmission), measures to prevent infection (e.g., frequent hand washing with soap and water or use of hand sanitizer, avoid touching face/eyes, coughing into elbow, wearing face coverings, and social distancing), importance of reporting symptoms, purpose and methods for quarantine and medical isolation.