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HomeMy WebLinkAbout5196STArE O� 04 b v 18 9 w a — x 0 STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS P.O. Box 41100.Olympia, Washington 98504-1100 July 5, 2017 City of Bremerton 345 6th Street, Suite 600 Bremerton, WA USA 98337 Re: DOC Contract No: K10142 Dear Contract Vendor: Enclosed is a notice of the budget passage. RECEIVED JUL 1.0 2017 CITY CLERK If you have any questions, please contact John Nispel, DOC Contracts Administrator, via email at jmispelgdocl.wa.gov or via phone at (360) 725-8365. Sincerely, W" „ . , Carly Madison, Contracts Assistant Contracts and Legal Affairs Enclosure(s) ” " Working Together for SAFE Communities" %* recycled paper STATE O� O 1889 � Y STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS P.O. Box 41100.Olympia, Washington 98504-1100 July 5, 2017 City of Bremerton 345 6th Street, Suite 600 Bremerton, WA USA 98337 Re: DOC Contract No: K10142 Dear Contract Vendor: RECEIVED JUL 10 2017 CITY CLERK On Friday, June 30th, Governor Inslee signed into law the 2017-19 biennial operating budget. Given that, the notice to suspend your contract with the Department of Corrections (DOC), which you received in June 2017, is hereby rescinded. There is no additional action required on your part. Thank you for your patience during this difficult time, and we apologize for the inconvenience. If you have any questions, please contact John Nispel, DOC Contracts Administrator, via email at jmispelndocl.wa.gov or via phone at (360) 725-8365. Sincerely, Carly Madison, Contracts Assistant Contracts and Legal Affairs " Working Together for SAFE Communities" 41 recycled paper STATg O� y s oz �y'1 1889 �QY STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS P.O. Box 41100.Olympia, Washington 98504-1100 May 26, 2017 Bremerton, City Of 345 Sixth Street, Suite 600 Bremerton, WA 98337 Subject: Agreement No. K.10142 Dear Contractor: &Ncf 519 -RECEIVED MAY 3 0 2017 CITY CLERK Although we expect that the 2017-19 operating and capital budgets will be enacted prior to June 30, 2017, the Washington State Legislature has not yet passed these budgets for the next fiscal biennium that begins on July 1, 2017. As a general rule, the Washington State Constitution (Article 8, Section 4) and state law (RCW 43.88.130 and RCW 43.88.290) prohibit expenditures or commitments of state funds in the absence of appropriations of such funds by the Legislature. Without a budget appropriation, agencies cannot expend funds nor incur liabilities after June 30, 2017. With this letter, the Department of Corrections is asking that you permit us to suspend your contract, in the event the budget(s) is not enacted into law by the deadline of midnight on June 30, 2017. Once the Legislature subsequently passes the budgets and they are signed into law, your contract would automatically be active and all of the terms within would remain in full force and effect. If you are unwilling to allow the Washington State Department of Corrections to suspend your contract, this letter will serve as notification that we are exercising our right, pursuant to Section 6to terminate Agreement No. K10142 at midnight on June 30, 2017, if the budgets listed above have not been enacted into law. Should you be willing to suspend your contract, you need to suspend delivery of goods or the performance of services until after the budget that funds this contract has been enacted. Any goods delivered and services performed during the agreed suspension are solely at your risk. If you are unwilling to allow us to suspend the contract and instead desire us to terminate your contract for convenience, please contact me as soon as possible so your wishes can be respected. The termination will be effective at midnight on June 30, 2017, unless cancelled in the event that budgets are enacted prior to that date and time. If we terminate your contract and the termination notice is not cancelled, once the budgets are passed and signed into law, we must re -procure pursuant to laws and policies currently in place which may result in a contract award for these same goods/services with another vendor. " Working Together for SAFE Communities" recycled paper K10142 May 26, 2017 Page 2 If you have any questions, please contact John Nispel, DOC Contracts Administrator, via email at jrnispel(i�docl.wa.gov or via phone at (360) 725-8365. Sincerely, John . Nispel DOC Contracts Administrator cc: Sarian Scott, DOC Chief Financial Officer Shannon Corin From: Shannon Corin Sent: Monday, June 05, 2017 1:09 PM To: 'Sarian.Scott@doc.wa.gov' Cc: Tom Wolfe; Mike Davis; Elena Rinonos Subject: Agreement No. K10142/5196 Dear Ms. Scott, Thank you for taking the time to speak with me today about the above agreement between Washington State Department of Corrections and the City of Bremerton regarding use of the city's Firing Range for Firearms Training. The City acknowledges receipt of the letter dated May 26, 2017 from the DOC regarding possible suspension of the contract if the State Legislature has not passed a budget by June 30, 2017. The City is willing to suspend the contract if the need arises. As of today, the contract is in full force and all arrangements for the use of the firing range are confirmed. Best Regards, City Clerk City of Bremerton 345 61 Street, Suite 600 Bremerton, WA 98337 (360) 473-5323 Contract Number- 5196 Vendor- DEPT OF CORRECTIONS Subject. Range - Firearms Training Department- Police File Class LEG 12-1 Begin Date 1/1/2013 End Date 12/31/2013 Review Date - Vault Date 2015 Comments LICENSE AGREEMENT Range — Firearms Training THIS LICENSE AGREEMENT, hereinafter referred to as "Agreement", made and entered into between the CITY OF BREMERTON, whose address is 345 Sixth Street, Suite 600, Bremerton WA 98337, hereinafter referred to as "City" and Dept. of Corrections, hereinafter referred to as "Licensee". NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein, IT IS MUTUALLY AGREED AS FOLLOWS: 1. DESCRIPTION OF PREMISES The City hereby leases to the Licensee the following described premises for up to thirty (30) days in any calendar year. FIRING RANGE- located'/4 mile north of the Gold Mountain Golf Course on the old Belfair Highway, 6581 West Old Valley Road, Bremerton, Washington 98312 Licensee acknowledges that the City and other licensees use the Premises Days of use shall be scheduled thirty days in advance and will be accommodated on a first scheduled basis. 2. TERM: This agreement shall become effective on January 1, 2013 for up to one year, and ending on December 31, 2013. This agreement shall automatically be renewed on a calendar year basis unless written notice of termination is given by either party by the preceding month of any such year 3. RATE: The Licensee shall pay the city for use of the premises at the following rate: One Hundred Dollars and No Cents ($100 00) per day, in advance. 4. EXPENSES: Licensee shall supply all weapons, ammunition, targets and other supplies used in the target exercise 5. MAINTENANCE AND REPAIR: The City shall, unless herein specified to the contrary, maintain the premises in good repair and condition during the continuance of this agreement, except in case of damage arising from the negligence of the Licensee's agents or employees For the purposes of so maintaining the premises, the City reserves the right, at reasonable times, to enter and inspect the premises and to make any necessary repairs to the building Licensee shall clean up all garbage and debris after use. b. TERMINATION: This agreement may be terminated by either party, without cause, by giving written notice of not less than thirty (3 0) days piior to the effective date of the termination. Pio-rata refunds for the remaining pre -paid rental term shall be refimded to Licensee should either party initiate termination 7. RANGE SUPERVISION: Licensee shall provide and require the presence of a qualified range officer at all times during which the Licensee's personnel are using the 1 of 2 BPD Range License Agreement Revised 10112 K IML premises To assure safe operations, the Licensee's range officer shall have full authority and responsibility to direct the activities of those using the range and shall halt any activity found to be unduly hazardous 8. HOLD HARMLESS: It is understood and agreed that this agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this agreement. Each party hereto agrees to be responsible for its own acts or omissions, or those of its officers, agents, or employees, and agrees to save, indemnify, defend, and hold the other party harmless fiom any such liability. In the case of negligence of both the City and the Licensee, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party IN WITNESS WHEREOF the parties hereto have executed this agreement the date and year indicated. Dept. of Corrections Approved: BY: City of Bremerton: BY: 6�� Patty vMayor DEPART 1vT APPROVAL: Craig Roge , Chief a olice APPROVED AS TO FORM: Date: Date- //— 227 -42 - Date: //- </O Date- III Z i Roger Lubo ich, City Attorney RECEIVED FOR FILING Sha Corm, City Clerk 2 of 2 BPD Range License Agrccment Revised 10/12 State of Washington DEPARTMENT OF CORRECTIONS Contracts and Legal Affairs PO Box 41114 Olympia. Washington 98504-1114 RECEIVED DEC 07201$ December 3, 2018 OFFICE OF THE CITY CLERK Ms. Shannon Corin, City Clerk City of Bremerton 345 6". St., Suite 600 Bremerton, WA 98337 RE: Contract No. K10142 Closed Out - Replaced By Contract K11896 Dear Ms. Corin: This letter is to inform you that the Department of Corrections Contract K10142 has been closed and replaced. Any future reference to the Department's use of the City of Bremerton's Firing Range, should be referenced under the new contract number K11896. Thank you for your assistance. Sincerely, Debra J. Eis n Contracts Administrator Cc: Contract File