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upon sixty (60) days written notice to the other party. Not later than 60 days after the receipt or <br />delivery of a termination notice, the Department agrees to take physical custody of Department <br />offenders confined at the Facility pursuant to this Contract. <br />However, if the Department offender is held pursuant to RCW 9.94A.631, the Contractor may <br />not require the Department to move the Department offender. Additionally, if this contract is <br />terminated and Department offenders remain detained pursuant to RCW 9.94A.631, then the <br />Department's per diem will revert to the OFM established rate. <br />The Contractor and the Department agree to waive the written notice requirement if either <br />party in its sole discretion, determines there is an immediate threat to public safety, health, or <br />welfare that requires contract termination. In such cases, both parties agree to provide verbal <br />and written notice of the termination as soon as possible. <br />Section 2.3 Termination Due to Non-Appropriation of Funds. The terms of this Contract <br />are contingent upon sufficient appropriations by the Washington State Legislature to the <br />Department to pay sums pursuant to this Contract. If the Legislature does not allocate <br />sufficient appropriations, this Contract shall terminate immediately without penalty and <br />without the sixty (60) day notice period. The Department is responsible for the services <br />provided to Department offenders prior to termination and removal of Department offenders, <br />as prescribed by law . <br />Section 2.4 Per Diem Billing. The per diem rate is $63.65 per Department offender. The <br />Contractor agrees to only bill the Department monthly for the actual bed days used by <br />Department offenders in the preceding month. The Contractor also agrees that it will not bill <br />the Department for any bed day that is the financial responsibility of any other jurisdiction, and <br />that it will submit monthly itemized bills to the Department in an electronic spreadsheet format <br />that includes the offender's name, DOC number, date of birth, and dates the offender was held <br />by the Contractor under the Department's authority. If applicable, the Contractor agrees to <br />identify in the monthly bill, any beds that are being counted toward the day-for-day exchange <br />for any Contractor boarder being held by the Department in a Department institution. <br />Section 2.4.1 The Contractor agrees to run all sanctions imposed by the Department <br />consecutively to all other sanctions and/or sentences imposed by any other jurisdiction, unless a <br />court order requires them to run concurrently. <br />Section 2.4.2 The Department's financial responsibilities under this Contract terminate when <br />the Department takes custody of the Department offender, when the Department's sanction has <br />been served, or when the Department's hold or detainer is no longer valid, whichever is earlier. <br />State of Washington <br />Department of Corrections <br />K9561 (4) Page 4 of 25 <br />158362