Common use of Vaccines Clause in Contracts

Vaccines. A. Administration of Vaccines to Detainees: 1. Subject to section V.A.2 below regarding the supply of vaccines, and so long as consistent with CDC guidance and the PRR, Defendants shall offer a COVID-19 vaccine to all unvaccinated or not fully vaccinated detainees at the Facility, in line with the medical exceptions noted below at Section V.C, and shall administer a COVID-19 vaccine to every detainee who consents to receive one. Federal Defendants will screen for current vaccination status prior to administering a vaccine. This agreement specifies timelines for providing vaccines below in section V.B. 2. The Federal Defendants shall be the primary provider of COVID-19 vaccinations to detainees. They shall make reasonable efforts to secure and maintain a supply of COVID-19 vaccines at the Facility sufficient to carry out this agreement. i. In the event that the Federal Defendants no longer have a sufficient supply of COVID-19 vaccines, Federal Defendants shall immediately make reasonable efforts to obtain an alternative provider of such vaccines, such as a local health authority. ii. As soon as the Federal Defendants know that they are unable to procure a supply of COVID-19 vaccines that allows them to satisfy the terms of this agreement, Federal Defendants shall inform Plaintiffs’ counsel and the Court within one business day. iii. Federal Defendants will further inform Plaintiffs’ counsel of what efforts have been made to find an alternative provider of vaccines as required in section V.A.2.i. iv. Federal Defendants may fail to comply with the terms of this section that require a vaccine supply only if they have strictly complied with the provisions of the preceding two paragraphs. In this event, Plaintiffs may seek further relief from the Court to mitigate the potential harm to Class Members due to the lack of vaccine supply. 3. In implementing this section, the Federal Defendants shall administer a COVID-19 vaccine that has been given emergency use authorization by the Food & Drug Administration (FDA) or a COVID-19 vaccine that has received full approval from the FDA. 4. Consistent with CDC guidance and the PRR, Federal Defendants shall offer and administer COVID-19 vaccine booster shots to consenting detainees as recommended by the CDC and subject to section V.A.2 above concerning the supply of vaccines. “Booster shots” refers to COVID-19 vaccines that are not part of an initial one- or two-dose vaccination regimen. B. Timeline for Administering ▇▇▇▇▇▇▇▇ to Detainees: 1. Pursuant to section V.A.1 above, and subject to section V.A.2 above concerning the supply of tests, so long as consistent with CDC guidance and the PRR, Federal Defendants shall provide a polymerase chain reaction (PCR) test upon intake (an “intake PCR test”) to every detainee transferred to the Facility who consents to be tested. As soon as practicable after, but at most within 48 hours of receiving a negative test result for an intake PCR test, Federal Defendants shall offer, and if a detainee consents, administer a COVID-19 vaccine or the initial dose of a two-dose COVID-19 vaccine to that detainee subject to section V.A.2 above concerning the supply of vaccines, and subject to the medical exceptions noted below at section V.C. 2. Federal Defendants will inform detainees that declining to receive a PCR test will delay the ability to receive a vaccine. In the event that a detainee still declines to receive a PCR intake test and the detainee remains asymptomatic, Federal Defendants shall offer, and if the detainee consents, administer a vaccine near the end of a detainee’s time in the New Intake Monitoring unit and prior to transfer to the general population.

Vaccines. A. Administration of Vaccines to Detainees: 1. Subject to section Section V.A.2 below regarding the supply of vaccines, vaccines and so long as consistent with CDC guidance and the PRRPPECGP, Defendants shall offer a COVID-19 vaccine to all unvaccinated or not fully vaccinated detainees at the Facility, in line with the medical exceptions noted below at Section V.C, and shall administer a COVID-19 vaccine to every detainee who consents to receive one. Federal Defendants will screen for current vaccination status prior to administering a vaccine. This agreement Agreement specifies timelines for providing vaccines below in section Section V.B. 2. The Federal Defendants shall be the primary provider of COVID-19 vaccinations to detainees. They shall make reasonable efforts to secure and maintain a supply of COVID-19 vaccines at the Facility sufficient to carry out this agreementAgreement. i. In the event that the Federal Defendants no longer have a sufficient supply of COVID-19 vaccines, Federal Defendants shall immediately make reasonable efforts to obtain an alternative provider of such vaccines, such as a local health authority. ii. As soon as the Federal Defendants know that they are unable to procure a supply of COVID-19 vaccines that allows them to satisfy the terms of this agreementAgreement, Federal Defendants shall inform Plaintiffs’ counsel and the Court within one business day. iii. Federal Defendants will further inform Plaintiffs’ counsel of what efforts have been made to find an alternative provider of vaccines as required in section Section V.A.2.i. iv. Federal Defendants may fail to comply with the terms of this section that require a vaccine supply only if they have strictly complied with the provisions of the preceding two paragraphs. In this event, Plaintiffs may seek further relief from the Court to mitigate the potential harm to Class Members due to the lack of vaccine supply. 3. In implementing this section, the Federal Defendants shall administer a COVID-19 COVID- 19 vaccine that has been given emergency use authorization by the Food & Drug Administration (FDA) or a COVID-19 vaccine that has received full approval from the FDA. 4. Consistent with CDC guidance and the PRR, Federal Defendants shall offer and administer COVID-19 vaccine booster shots to consenting detainees as recommended by the CDC and subject to section V.A.2 above concerning the supply of vaccines. “Booster shots” refers to COVID-19 vaccines that are not part of an initial one- or two-dose vaccination regimen. B. Timeline for Administering ▇▇▇▇▇▇▇▇ to Detainees: 1. Pursuant to section V.A.1 above, and subject to section V.A.2 above concerning the supply of tests, so long as consistent with CDC guidance and the PRR, Federal Defendants shall provide a polymerase chain reaction (PCR) test upon intake (an “intake PCR test”) to every detainee transferred to the Facility who consents to be tested. As soon as practicable after, but at most within 48 hours of receiving a negative test result for an intake PCR test, Federal Defendants shall offer, and if a detainee consents, administer a COVID-19 vaccine or the initial dose of a two-dose COVID-19 vaccine to that detainee subject to section V.A.2 above concerning the supply of vaccines, and subject to the medical exceptions noted below at section V.C. 2. Federal Defendants will inform detainees that declining to receive a PCR test will delay the ability to receive a vaccine. In the event that a detainee still declines to receive a PCR intake test and the detainee remains asymptomatic, Federal Defendants shall offer, and if the detainee consents, administer a vaccine near the end of a detainee’s time in the New Intake Monitoring unit and prior to transfer to the general population.