40'

State of Washiinigton

415'

This Ameinidment

tiTATk

IMO

.0

Department of Corrections
Contract No. 00006376
Amendment No. 1

is made by the state of Washington, Department of Corrections,

hereinafter referred to as "Washington" or "WDOC" 'and the Corrections Corporation of America,
hereinafter referred to_as "CCA", for the purpose of amending the above-referenced Contract,
heretofore entered into between WDOC and CCA.
WHEREAS the_purpose of this contract amendment is to extend the period-of-performance and
modify other terms of the agreement.
NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and
incorporated and made a part hereof, the Department and Contractor agree as follows:
Article 1, Definitions, is amended, in part, as follows:
Indigent Offender – means an offender whose disposable income balance is less than ten dollars
on the day a request is made to utilize funds and during the 30 days previous to the request((fer
•"

" 2 •-..•

attorney fees)).

"

Section 2.01 Term, is amended as follows:
The term of this Contract shall be 1st day of July 2004 and continuing through the 30th day
of June (2005) 2007.
Section 3.03, Transfer/Delivery of Offenders, is amended as follows:
CCA shall be responsible for the expense of the initial mass transfer of offenders from
Washington to the assigned CCA facility, from placement locations other than the state of
Washington (e.g. Colorado and Nevada) to a CCA facility and between CCA facilities by
means approved by_the WDOC, and in the case of offenders being returned to WDOC at
the request of CCA, for the expense for transferring the offender from the CCA facility to
Washington. After this contract (or its successor) has been in effect for four years, CCA
shall be responsible for the expense of returning offenders to Washington provided that the
number of offenders so transferred does not exceed the average daily offender population
(ADP) over the life of the contract plus one hundred. The WDOC shall be responsible for
the expense of returning offenders in excess of the ADP plus one hundred. The method of
transportation used by CCA in such transfers must be approved by WDOC.
3.03.1 The CCA_shall_be responsible for the cost and-delivery-of-the-property of- Washington offenders transferred from-Washington to 2 CCAJacility, from other
slates other than the state of Washington to a CCA facility and-between CCA
facilities. Delivery will be completed within ten days of the offenders' arrival at the
receiving facility or the property Mil-be replaced at CCA expense.
Afterapproval by the CCA for placement ataiCCA facility, all the offender's personal
property will be shipped to the-receiving-CC-A-fa-Gilt for issuance. The CCA will be
responsible for the cost of returning those property items the offender is not
State of Wasfiington
Department of Corrections

C0006376(1)

Page 1 of 10

authorized to possess at the receiving CCA facilit y to a designated facility in the
state of Washington.
Section 3.05, Offender Work/Program Assignment Payment, is amended as follows:
- The CCA shall maintain a((1-offender-pay)) fund for WDOC Offenders for offender pay and
transitional stipend. From the Per Diem Rate received, the CCA shall pay $1.00 per day per
WDOC Offender into the established fund. WDOC Offenders shall be paid $2.00 per calendar
day from the established fund when in ((weFkipr-egran►)) work assignment of six or more hours
per day less deduction for mandatory payments required by RCW 72.09.470. When monies
available in the established fund is insufficient to pay WDOC Offenders' pay or transition
stipend, the CCA shall, by separate billing, invoice the WDOC for the difference between
established fund total and amount owing WDOC Offenders.
3.05.1 After each permanent move from one Out of State facility to another, offenders may
receive a transitional stipend W$1.00/day for up
irst 30 working days only. In no case
will the total amount of transitional funds paid to an offender for the first 30 working days after
arrival at the receivin facilit exceed 30.00. To be eli ible for the transitional sti•e d the
offender must be:
• Participating in the receiving facility's orientation program, or
• On an a. 'roved facilit wait list for a work assi nment. If the offender is on an a.. roved
working day time period
wait list he mayreceive$1.00/day for each da y during that first 30 working
at the receiving facility.
Section 3.06, Return of Offenders to the WDOC, is amended, in part, as follows:
d) When a WDOC Offender returns to WDOC or transfers to another CCA facility, the CCA
shall provide, within ten (10) business days of the WDOC Offender's return or transfer,
e •• 2 ))a check payable to Washington in the amount due the
((
- g
:
WDOC Offender, for credit to the WDOC Offender's account((, ••
e) When a WDOC offender is required to be transferred to testify renarding an incident at a
CCA facility, the transport will be at CCA expense.
Section 4.01, General Duties, is amended as follows:
The management of WDOC offenders in the Facility shall be consistent with the management
of other offenders at the Facility and in accordance with the Operating Requirements. The
CCA shall maintain staffing levels at the Facility in sufficient numbers and rank to maintain the
safety of the public, staff and inmates and to adequately carry out the provisions of this
Contract. Staffing guidelines for each CCA facility where offenders are placed will be provided
to the Washington Contract Monitor. A copy of
staffing pattern for a s pecific facility
be
provided to the WDOC on site manager at that facility. ((••
PI • • .
•
.•.))
The CCA will exercise
authority to ensure that the daily operation of the Facility is in compliance with the provisions of
this Contract_Subjectto the provisions of this Contract-Abe CCA shalrpr-ovide-WDOC
Offenders-care and treatment, including the fumis4ing -of-subsisfehcaand _routine and
emergency medical care, provide for their physical needs, make available work, training and
treatment programs, retain them in safe, supervised custody, maintain proper discipline and
control, make certain that sentences and orders of the committing court are faithfully executed,
provide reasonable access to the courts, and otherwise comply with applicable law. The CCA
will provide reports to the WDOC Contaat-Monitoron:the adjustment of WDOC Offenders
consistent with WDOC reviews. The case management of WDOC Offenders in the Facility
shall be consistent with the case management of other offenders in the Facility unless
otherwise specified in this contract or its amendments.
State of Washington
Department of Corrections

C0006376(1)

Page 2 of 10

Section 4.02, Contract Monitors and On Site Managers, is amended, in part, as follows:
4.02 In administering this Contract, the WDOC shall designate a person, herein referred to as
the WDOC Contract Monitor, to act as liaison with the CCA's Contract Monitor, and to
monitor the CCA's performance under this Contract. CCA agrees to pay the reasonable
cost of travel and housing for the contract monitor to inspect each CCA facility housing
WDOC offenders. Such travel shall include a three-day inspection of each facility
housing WDOC offenders every six weeks. Travel expenses shall not exceed those
allowable for state employees by the Washington Office of Financial Management. Until
further notice is received, the WDOC Contract Monitor shall be James Thatcher,
((Co act-Monitor))Superintendent, Out of State and Jail Facilities, Department of
Corrections, Office of Correctional Operations, PO Box ((44,428)) 41149, Olympia,
-Washington ((08504 1128)) 98504-1149. Notifications will also be provided to the WDOC
on-site Manager. ..."
4.02.4 Unless otherwise provided, the CCA shall permit the WDOC and any other duly
authorized agent or governmental agency, to monitor all activities conducted by the
CCA pursuant to the terms of this Contract. As the monitoring agency may in its sole
discretion deem necessary or appropriate, such monitoring may consist of internal
procedure((s)) evaluation, examination of program data, special analysis, on-site
checking, formal audit examinations or any other reasonable procedures. All such
monitoring shall be performed in a manner that shall not unduly interfere with
Contract work. ..."
4.02.5 The WDOC ma y assign an on-site manager for the day-to-da y operational issues
related to ensuring contract com pliance. The on-site manager will submit periodic
reports to the Contract Monitor addressing contract compliance, audits, and reports,
which are required b the contract. The CCA shall •rovide for the reasonable cost
of round trip travel (transportation and p er diem while in travel status) for the on-site
manager and WDOC assigned counseling staff to and from the state of Washington,
twice annually.
Section 4.03, Medical/Mental Health/Dental, is amended, in part, as follows:
"Initial/Preliminary Screening- All screening will be conducted by health trained or
qualified health care personnel on all offenders within 48 hours of the offender's arrival
at the Facility. Offenders arrivingat the facilitywill be
appliances e.o., pillows boots, and upon arrival, pending the
outcome of the initial medical screening and the determination regardin g whether the
appliance is still required. Initial/preliminary screening ((SereeRi►:igs)) will include, but
not be limited to:
• an inquiry into the offender's health care history, including status of current
modalities, appliances and medications;..."
Section 4.05, Offender Work and Programs, is amended, in part, as follows:
Pr! r n opportunities in all areas of-the facility-wiUT e ofteredpr ortionaliv for offenders
ifig7eti
t• •ublished •r• tram criteria base-nfiFt
i ercei -s- o e o a facilit •o•ulation
represented by the number of Washington offenders.
4,05.2 All eligible offenders will be productively-occupied for at least 30 hours per week in work,
education, vocational, and/or major habilitation programs. Offenders-shall not be paid for
participation in any program for which-an offen&Tialthe state of Washington would not be
paid.
4.05.3 Programs shall include: Educational programs (basic literacy, adult basic education,
general educational development, ESL (English as a second language); recreational
State of Washington
C0006376(1)
Page 3 of 10
Department of Corrections

-

programs; cognitive behavioral programs; self-help programs (ANNA); and
vocational/technical programs, as available.
4.05.3.1 The CCA shall .rovide notification 14 da s in advance whenever•ossible to t e onsite WDOC manager when programs are terminated. The notification shall provide the
reason for the cancellation and the projected start date if the program is expected to
resume in the future.
4.05.3.2 Should a program be cancelled for any reason, the CCA shall notify the on-site WDOC
manager immediately.

WDOC on-site staff may ((also)) order an offender to work or attend school or vocational
program. In the event an offender refuses, he/she may be charged with a violation of WDOC
serious infraction #557 under WAC 137-28-260. CCA will administer the WDOC disciplinary
proceedings for a violation of this infraction.
4.05.5 The CCA may dispose of or consume all products produced by any offender participating in
work or vocational programs. The CCA will bear all costs and retain all proceeds therefrom.
For WDOC offenders involved in work programs the product of which is sold to other
agencies or organizations, CCA shall provide a ((per-4iem)) pay gratuity of $2.00 per day or
the ((prevailing)) standard wage for that job assignment, whichever is higher. This gratuity
shall not be paid from the $1.00 per day fund established in section 3.05.Payment for more
than 23 days per month requires approval by CCA and the WDOC. ((lf the price of tho

4.05.6 Washington offenders participating in a Prisons Industry EnhancementplE) or other than a

Class 3 institution support work assignment will not xnthe
beii-afr(Lpper

clay fund. PIE or other than Class 3 institution sue •ort work assi•nments will be aid from
funds provided from those industries.
4.05.7 ((4,05,6))in the case of craft pro g rams, the crafts may be sold and proceeds of any sale
retained by the offender in accordance with the rules of the Facility.
Section 4.06, Religious Opportunity is amended as follows:
4.06.1 The CCA will ensure that religious diets are in compliance with constitutional and
American Correctional Association requirements.
Section 4.08, Telephone, is amended as follows:
Access to telephone service shall be provided to WDOC offenders comparable to access
provided to other offenders by the CCA. Upon arrival at a CCA facility, CCA shall provide a
brief (five minute) phone call to offenders who have been transferred from Washington or
another CCA facility, to inform family of their safe arrival.
atim 4.09, Clothing, is amended, aS-follow.c:
The CCA will be responsible for laundry((;)) and repair((.-and)) or replacement of offender
clothing including deck shoes and work assignment shoes during th-e-WDOC Offender's
incarceration at the Facility to ensure clean_clothes and bedding on a weekly basis.
4.09.1

Upon admission, a minimum of three-(3) sets of clean CCA uniforms and four
(4) sets of undergarments (including t-shi-rts and underpants) and socks, clean
bedding (to include sheets, blanket(s) pillow and pillow case and mattress),
climate appropriate outer wear (jackets, etc.), and deck shoes or other

State of Washington
Department of Corrections

C0006376(1)

Page 4 of 10

appropriate footwear shall be provided WDOC Offenders. At the Florence
facility only three t-shirts are issued. T-shirts may need to be replaced more
frequently for offenders engaged in certain work activities, e.g. kitchen,
maintenance or painting crews. ((In addition, offenders shall receive footwear
appropriate to their work assignment.)) The CCA shall ensure tennis ((Tennis))
shoes are available for offender purchase in the commissary. ((in-addition, th

4.09.2 WADOC offenders shall be llowed to •osses one •air of shower shoes one
pair of personal tennis shoes purchased by the offender, and one pair of deck
shoes or other appro priate footwear that may be required for performing their
work assignment.
4.09.3

When a WDOC offender is given a work assignment that requires the issue and
use of other than deck shoes, the deck shoes issued by the facility will be
turned in, unless the offender has no personal tennis shoes.

4.09.4

The offender may have two pair of personal tennis shoes provided the shoes
meet the requirements for issue by the CCA. The offender will be required to
turn in any footwear issued for his work assignment in order to use his personal
footwear on his work assignment. In addition, the offender must sign a release
indicating that he releases WADOC and CCA of all responsibilit y for damage or
wear and tear of the personal property that may occur from use as work
footwear.

4.09.5

The facility shall provide a washer and dryer and laundry supplies as approved
by the WDOC in each living unit occupied by WDOC offenders at no charge.

4.09.6

At CCA facilities during seasons when the temperature normally drops below 0°
Fahrenheit Washington offenders will be issued one additional blanket when
the offender submits a written request for one. The CCA will make thermal
underwear available through issue or for purchase and use by the offenders.

Section 4i0, Commissary and Mail, is amended as follows:

4,10Mailjingienfified
on the outside of the envelope as
lanai mail, as defined b WADOC policy shall be inspected onl in the presence of the
y
y
offender. Le g al mail shall not be read without a search warrant but may be scanned in
the presence of the offender to verify legal mail status and that the mail is free of
contraband.

Section 4.12, Grievance Procedure, is amended as follows:
4.12.1 The CCA ((witi-lianGile)) will process and respond, within reasonable
timeframes, to all WDOC Offender grievances consistent with the CCA
grievance procedures. WDOC Offenders shall be required to use the CCA
grievance procedures for all complaints related to -CCA staff, access to CCA
--facilities and programs; living conditions, and-institutional operations. WDOC
issues directly related to
Offenders may use WDOC grievance procedure
—`s
WDOC staff and non-transference ofprgperty or funds from WDOC. ((A
• • :+la be pry
* -••
-•--•""-• e e
"e' •
:It •

I."'

e et

•• • -

astiene,))
4.12.2 CCA shall provide the WDOC Contract Manager a monthly summary of
grievances by volume and t ype. Any grievance type rating 25% of the total
State of Washington
Department of Corrections

C0006376(1)

Page 5 of 10

volume or higher shall result in a documented investigation and analysis to
determine appropriate corrective action, with an estimated timeframe for
completion of the identified corrective action. ((Offender4ncitlifies-slaeuld-be
te.

• — _ A :

2

.e.

4.12.3 Generally CCA will attempt to respond to grievances within three to five
business days unless investigation or other matters require additional time.
Section 4.13, Access to Courts, is amended as follows:
The CCA will provide opportunity for meaningful access-to-federal and Washington State
----TegalTriaterials at the Facility in accordance with security and operating needs.
4.13.1 Every attempt should be made by the CCA to provide WDOC Offenders in
segregation and protective custody access to the law library collection established
pursuant to this section providing their participation is consistent with the safety and
security of the Facility. If direct access cannot be provided WDOC Offenders in
segregation or protective custody, a process shall be established allowing WDOC
Offenders in segregation or protective custody to request reasonable numbers of
materials from a law library.
4.13.2 The WDOC shall provide Washington State legal materials required to meet
constitutional standards via computer and appropriate software. The CCA shall
provide on site technical service based on available expertise to ensure that the
Washington Law library computer(s) are maintained and the software programs and
updates are properl y installed. The CCA shall provide a secure and monitored
location to house said computer and associated peripherals.
4.13.3 The CCA shall ((provide)) make available federal law material; typewriters, including
ribbons, and typing paper; notary services; copying services, including copy paper;
legal size envelopes; sufficient to meet constitutional standards. Items such as
paper supplies and ((typew4tece)) co pying shall be provided and shall be available
free of charge to indigent WDOC Offenders. ((For-the-p ur-poses-ef this -provision,
'
.-04-GiF4ess for
'
the entire previous-eseRth, )) WDOC Offenders need not be afforded access to copy
machines; however, the CCA shall provide a copy of specific information, such as a
page from a law book, upon request by a WDOC Offender. A common copy/print
fee shall be set by the CCA.
4.13.4CCA shall provide access to law material when staff has scheduled absences, due
to vacations, extended leave or training.
Section 4.23 is amended, in part, as follows:
4.23.3 The WDOC shall reimburse CCA for expenses related to on site WDOC staff mailing
of-work-related materials._CCA may separatefy lily-VW/MCC for such expenses
--- monthly or quarterly.
423.((3))4
The CCA will complete a minimum of three (3) documented internal audits
per month, two (2) from the-mandatory list and one (1) from the essential list,
itemized in Appendix E. Unless -a specific-audit demonstrates compliance
deficiencies or there are mejor-chares in applicable law, rule, standard, and/or
policy, for purposes of complying with this section, no individual audit will be
repeated more frequently than annually. Audit reports will be submitted to the
WDOC Contract Monitor; and where there are demonstrated deficiencies, it will be
State of Washington
Department of Corrections

C0006376(1)

Page 6 of 10

accompanied by an action plan for correcting the deficiencies. CCA may use its
monitoring instruments provided that they address all the issues identified in
Appendix E.
4.23.((4)) 5 Unless required more frequently by law, rule, standard and/or corporate/local
policy, the CCA ..."
Section 4.27 Policy and/or Procedure Changes, is amended as follows:
The CCA shall provide a fourteen (14) day written notice to ((all)) WDOC Offenders and the
on-site WDOC manager before policy and/or procedure changes related to Sections 4.05;
4.06; 4.07; 4.08; 4.09; 4.10; 4.11; 4.12; 4.13; 4.21; 422; and 4.23,(( 7)) Fourteen days notice
is not required when ((uaiess)) the policy or procedure change is necessary to address
immediate security or ((dealer-ad-eh)) emergency conditions as declared ((pr-evisier1)) by the
Warden with the concurrence of the WDOC Monitor.
Section 4.28 Administrative Segregation, is added to the agreement.
Section 4.28 Administrative Segregation Placement: Due Process and Conditions of
Confinement. The CCA shall provide appropriate due process and conditions of
confinement consistent with the requirements in this contract.
4.28.1 The followin•minimum due rocess is re • uired when a WDOC offender is •laced in
administrative segregation:
♦ The offender shall be provided written notification of the specific reason for
administrative segregation placement within 24 hours of the placement.
♦ The offender shall be provided an initial review of the segregation placement within 72
hours of the segregation placement, and
• Shall be provided 24 hours notice of the initial review, and:
• Have the opportunity to attend the review to provide a formal response to the
reason(s) for placement. (The offender may waive his appearance at the meeting),
and:
•

Have the right to request witness statements, and

•

Have the right
pfathisorffunableOseakgmcluDderstand
to an interpreter
English or is deemed by the review committee to be incapable due to mental or
physical impairment to present his response to the reason(s) for placement, and
Have the ri ght to review non confidential information resulting in their current
placement, and

•
•

Have the right to have their input available to the decision making authority at the
time their case is reviewed by the decision making authority

+ The offender shall be advised of the recommendation of the review committee and
• Shall be advised that he may appeal the recommendation within 48 hours to the facility
warden, and
to the reason(s) for placement
♦ The facility warden will consider_thefffe-nder's
and appeal of the review committee's recommendations-(if there is one) when making
the final decision re•ardin• the offender's continued•acement or release from
segregation
•—The Warden/designee's decision regarding continued plate lent or release from
see re•ation will berovided4o-tife-offeneler in writin•within 72 hours of the decision-.
4.28.2 The CCA shall ensure that the conditions of confinement for WDOC offenders
placed in seg regation include:
State of Washington
Department of Corrections

C0006376(1)

Page 7 of 10

• The ability of the offender to write and mail two non-legal letters per week, at CCA
expense. Postage not to exceed the cost of a first class stamp on each letter.
• The ability to participate in programs while on an administrative segregation status
lon ger than 60 days
Section 4.29, Food Service, is added to the agreement:
4.29 Food Service. Where CCA offers multiple levels of food service/selection the highest
level offered at the facilit y will be provided DOC Offenders as part of the a greed per diem.
Section 5.02, Personnel is amended as follows:
Personnel shall be retained to deliver twenty-four (24) hour care and supervision to
incarcerated individuals, as well as administrative and support service personnel for
the overall operation of the Facility, in accordance with the Operating Requirements.
Prior to employment at the Facility, applicants shall be subjected to a thorough
background check. The CCA will provide sufficient coverage for sick leave, annual
leave, training, meals, breaks, and other events that take officers away from their
duties consistent with the CCA staffing management plan.
5.02.1 CCA caseworkers dedicated to WDOC offenders shall be provided at the ratio
of one caseworker per one hundred and twenty-five offenders. Facilities
housing more than 125 WDOC offenders but less than 250 WDOC offenders
shall have two CCA assigned caseworkers. An additional CCA caseworker
shall be assigned at every 125 offender (or portion thereof) increment. At
facilities housing fewer than one hundred and twenty-five WDOC offenders, a
portion of the facility caseworkers time shall be dedicated to WDOC offenders
in accordance with the above 1/125 ratio. The CCA caseworker will have
primary responsibility for meeting the CCA contract obligations with regard to
the day to day operational issues, questions, and concerns of the WDOC
offenders assigned to their caseload. (I.e. responding to inquiries (kites)
addressing pay and property questions, etc.)

5.02,2h-westia at on/ flea e nce eat Group (STG services will g
provided by the CCA. The CCA l&I and STG services snail include but not be
limited to monitoring telephone calls and mail, conducting investi gations related
to WDOC offender activities/behavior, addressing STG related issues such as
ovidino information when available to the on-site WDOC mane• er to u date
the WDOC STG database: documenting_and sharing information related to new
t ttoos and or recruitment activities etc. Such services shall be •rovided at a
level proportional to the facility population
5.02.3 The CCA shall provide clerical support of .5 staff up to support the WDOC onsite staff at the facility.
Section 6.02,.- Payments, is amended in partas_follow-si
—The-WDOC shall pay directly to the CCA, as follows:
6.02.1 Fifty six dollars and eighty-five cents ($56.85) per Offender Day per WDOC Offender
housed under this Contract-(Per Diem)for the first two-hundred offenders and fifty-four
dollars and eighty-five cents ($54.8b) dollars per day for each offender over two hundred
but fewer than four hundred-nd one. The per diem rate for offenders in excess of four hundred shall be fifty-two dollars and eighty-five cents ($52.85). The Per Diem rate shall
be fixed through the initial term of this agreement.
State of Washington
Department of Corrections

C0006376(1)

Page 8 of 10

6.02.2 Fifty

seven dollars and forty-one cents ($57.41'lper Offender Day per WDOC Offender

housed under this Contract (Per Diem) for the first two-hundred offenders and fifty-five
dollars and thirty-nine cents ($55.39) dollars p er day for each offender over two hundred
but fewer than four hundred and one. The:per diem rate for offenders in excess of four
hundred shall befifty-three dollars and thirty-seven cents ($53.37). This Per Diem rate

shall be fixed through the term beginning July 1, 2005 and continuing throu gh June 30.
2007._

6.02.3 Reimbursable Expenses as set forth in Sections 4.03.1 and 4.03.2 of this Contract.
Section 6.03, Billings, is amended as follows:
The CCA shall send ((a)) the ori g inal statement to the WDOC on the tenth day of each
month for the number of Offender Days incurred during the preceding month and for
Reimbursable Expenses. The statement shall provide such information and use such
forms as the WDOC may specify. All amounts payable under the Contract shall be due
within thirty (30) days from receipt of the bill by the WDOC. A copy of the statement
shall be provided to the on-site mana g er within one business da y of generating the
invoice.
Section 8.04, Notice of Breach, is amended, in part, as follows:
8.04
If any material breach of this Contract by either party remains uncured more than
thirty (30) days after written notice thereof by the party asserting this breach, this shall be an
Event of Default, provided, however, if within thirty (30) days after such notice, a substantial
good faith effort to cure said breach shall not be an Event of Default if it is cured within a
reasonable time thereafter.
If the breach cannot be cured within thirty (30) days after notice, but can be cured through an
ongoing effort on the part of the breaching party, the breaching party may, within the thirty (30)
day period following the notice of the breach, submit a plan for curing the breach within a
reasonable period of time not to exceed six (6) months unless extended by the other party. If
the plan is approved by the other party, it shall not pursue remedies hereunder as long as the
breaching party timely undertakes to cure the breach in accordance with the approved plan.
Said approval shall not be unreasonably withheld. If CCA does not cure the breach within the
specified time frame, the WDOC may choose from the following remedies:
1.

Terminate the contract pursuant to Article II.

2.
Cure the breach and withhold all reasonably ex pended costs from CCA's
compensation.
Withhold from the Per Diem payment the amount of the value of the service not being
3.
rendered for each day beyond the cure period until the breach is cured or the contract
terminates. Value shall be based on the cost of providing the service. CCA shall have the
obligation to provide documentation of such costs. Prior to the withholdin g , the WDOC shall

provide at least ten days notice to CCA to_provide an opportunityta submit_cost documentation.
CCA fails to provide such docurnentationrAbe_WDOC-may-exercise reasonable discretion to
determine the costs. Remedies 2-and 3 may not be exercised. simultaneously.
For •ursoses of this Article "notice" shall refer to w(tten notice sent certified mail re• istered
return recei•to Lucibeth Ma ber at 10 Burton Hills Boulevard Nashville TN 37211 and to
the-Warden at the Facility.

Additions to the text of this Contract are shown by underline and deletions by ((strikeout)). Ali other
terms and conditions remain in full force and effect.
The effective date of this amendment is July 1, 2005.
State of Washington
Department of Corrections

C0006376(1)

Page 9 of 10

This Amendment to Contract No. C0006376, consisting of ten (10) pages is executed by the persons
signing below who warrant that they have the authority to execute ,the amendment.
CORRECTIONS CORPORATION
OF AMERICA

DEPAR ENT OF CORRECTIONS

(Signatur

( gnature)

AW-176,,iy gekriDe 	

(Printed Name) /

Harold W. Clarke
(Printed Name)

tkiL--PArs,Dr, Srxrc asraka Pamids Secretary
(Title)

(Date)

to — ;

(Title)

1 —hg

(Date)

‘— sZ

7— otirs

Approved as to Form:

This contract amendment format was approved
as to form by Tom Young, AAG, of the Office of
the Attorney General, on April 14, 1998.
Approval on file.

State of Washington
Department of Corrections

CO G0637-6(1)

Page 10 of 10