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Home My WebLink About4035 Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments Contract Number 4035 CORRECTIONS, DEPT OF Work/Training Release Muni Court GOV (WA State) Facility - Bed Space File Class LEG 12-1 $ 10/19/1999 12/19/2006 02/15/2008 GL $ AL $ E&O Insurance Total $ Insurance Review Date Vault 01/01/08 STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS P.O. Box 41100. Olympia, Washington 98504-1100 December 19, 2006 City of Bremerton 239 4th St. Bremerton, WA 98337 Attn: Contracts Office RE: DOC Contract#COC04854 dated August 18, 1999 Intergovernmental Agreement for the City of Bremerton to house offenders atthe Peninsula Work Release center Dear Sir or Madam: Please be advised thatthe Department of Corrections now considers this contract to "be terminated. ~~~ Denice DePaepe Abbott Contracts Specialist "Working.Together for SAFE Communities" . m .0: re~!c1ed",,~ape~ +--------------------------------------------------------------------------+ tEnter Search Criteria, Press Esc Key to Transmit t tPress Del Key to Terminate Delete Mode t t CHANGE Contract Transactions t t Contract Number 4035 t t t tVendor Name CORRECTIONS, DEPT OF (WA STATE) t tsubject WORK/TRAINING RELEASE FACILITY - BED SPACE t tDepartment ADMIN SVCS t tStatus Code GOV t t Amount t t Begin Date 10/19/1999 + t Insurance End Date t t Type Amount Review Date 06/15/2006 t t t t t t t t Insurance Total $0.00 t t Insurance Review Date t t t t Comments TERMINATION W/60 DAYS WRITTEN NOTICE t t REVIEW DATE FOR TRACKING PURPOSES ONLY t t t +--------------------------------------------------------------------------+ INTERGOVERNMENTAL AGREEMENT BETWEEN STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS AND THE CITY OFBREMERTON THIS AGREEMENT, pursuant to Title 39, Chapter 34 of the Revised Code of Washington (RCW), THE INTERLOCAL COOPERATION ACT, is made and entered into by and between the Department of Corrections, hereinafter referred to as the "DEPARTMENT", and the City of Bremerton, hereinafter referred to as "CITY". IT IS THE PURPOSE OF THIS AGREEMENT TO: Provide the conditions upon which the DEPARTMENT agrees to provide to the CITY approximately 10 beds (based on availability) in the DEPART- MENT'S owned and operated Work/Training Release facility located in Port Orchard, and the CITY agrees to pay the DEPARTMENT a fee for offenders sent to Peninsula Work Release. Therefore, the parties hereby agree: 1. The DEPARTMENT shall operate, through a separate contract with a third party, a Work/Training Release facility program in a DEPARTMENT owned facility. The DEPARTMENT shall make some beds available for the use of the CITY to refer offenders to reside at, and or participate in the Work/Training Release program. The DEPARTMENT shall provide full program services to offenders referred by the CITY. 2. The CITY shall, during the term of this AGREEMENT, pay the DEPART- MENT $57.00 per day for each offender incarcerated at Peninsula Work Release. 3. The DEPARTMENT and the CITY agree offenders may be phased in over a period of several months. Page 1 of 4 coc04854 4. Offenders are to be financially responsible for all health care expenses. 5. The DEPARTMENT reserves the right to deny acceptance to, or remove any offender from the program for violation of program rules. 6. The DEPARTMENT shall provide eligibility requirements and super- vision status in conjunction with the CITY in reference to the offenders referred by the CITY. All such referrals must meet these minimum eligibility requirements. 7. The DEPARTMENT reserves the right to terminate the Work/Training Release program anticipated by this AGREEMENT, and to close and/or otherwise dispose of the property. In such event, the DEPARTMENT shall make every reasonable attempt to provide adequate notification to the CITY. 8. The DEPARTMENT agrees to notify the CITY when an offender enters the program, and when an offender leaves the program, either through successful or unsuccessful termination. TERM OF THIS AGREEMENT - Notwithstanding any provisions of the AGREEMENT, the period of performance under this AGREEMENT shall begin on the date of signature of both parties and shall continue until terminated by either party by written notice to the other party not less than 60 calendar days prior to the effective date of such termination. DISPUTES - Except as otherwise provided in this AGREEMENT, when a bona fide dispute concerning a question of fact arises between or among the parties hereto concerned performance under this AGREEMENT, and it cannot be resolved, any said party or parties may initiate the dispute resolution procedure provided herein. Time is of the essence in resolving disputes. The initiating party or parties shall reduce the description of the dispute to writing and deliver it to the responding party or parties. The responding party or parties must respond in writing within 72 hours and provide copies of said response to all other parties hereto. Then, the parties shall have 72 hours to negotiate in good faith to resolve the dispute. If the dispute cannot be resolved after 72 hours, a panel of arbitrators shall be appointed. Page 2 of 4 Each party hereto will designate an arbitrator, and those arbitratOrs will appoint another arbitrator from outside the agencies of the parties hereto. 1. The panel will review the written descriptions of the dispute, gather additional information as needed, and render a decision on the dispute in the shortest practical time. 2. All parties hereto agree to be bound by the determination of the panel of arbitrators. Once formed, the panel of arbitrators shall remain in effect through the period of the AGREEMENT. All parties hereto agree to exercise good faith in dispute resolutions and to avoid arbitration whenever possible. This clause does not preclude the consideration of questions of law in connection with decisions provided hereinabove; PROVIDED that nothing in this AGREEMENT shall be construed as making final the decisions made by any official, representative, or board acting in an administrative capacity in connection with questions of law. The parties hereto agree that this administrative dispute resolution process shall precede any action in a judicial tribunal. MODIFICIATIONS AND AMENDMENTS - This AGREEMENT may be changed, modified, or amended only by written agreement executed by the parties hereto. WAIVER - Waiver of any breach of any term or condition of this AGREEMENT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this AGREEMENT shall be held to be waived, modified, or deleted except by an instrument in writing signed by the parties hereto. Any failure of the parties hereto to insist upon the strict performance of any provisions of this AGREEMENT or to exercise any right based upon breach thereof or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this AGREEMENT. Page 3 of 4 GOVERNING LAW AND VENUE - This AGREEMENT shall be construed and enforced in accordance with and the validity and performance hereof shall be governed by the laws of the state of Washington. Venue of any suit between the parties arising out of this AGREEMENT shall be the superior court of Kitsap County, Washington. SEVERABILITY - In the event any term or condition of this AGREEMENT or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this AGREEMENT, which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this AGREEMENT are declared severable. LIMITATION OF AUTHORITY - Only the Contracting Officers or their delegates by writing (delegation to be made prior to action) representing the agencies of the parties hereto shall have the expressed, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this AGREEMENT. Furthermore, any alteration, amendment, modification, Or waiver of any clause or condition of this AGREEMENT is not effective or binding unless made in writing and signed by all the parties hereto. THE PARTIES HERETO, having read this AGREEMENT in its entirety do agree thereto in each and every particular. IN WITNESS WHEREOF, the parties hereto have set their hands hereunto and have executed this AGREEMENT as of the date and year written below. CITY OF BREMERTON STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS City of Brsmerton SW Region Administrator Kathy McCluskey (~ ' Date '~ Date Director, Aor~nlstrator, Administrative Services Office of Contracts & Regulation Page 4 of 4