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09-023 Public Defender Relicensing Program 1 THIS CONTRACT AMENDMENT is between the CITY OF SPOKANE, a Washington State municipal corporation, whose address is 808 West Spokane Falls Boulevard, Spokane, Washington 99201, as "CITY," SPOKANE COUNTY, a political subdivision of the State of Washington, whose address is 1116 West Broadway Avenue, Spokane, Washington 99260, as "COUNTY", SPOKANE COUNTY PUBLIC DEFENDER, whose address is 1033 West Gardner, Gardner Court building, Spokane, Washington 99260, as "COUNTY PUBLIC DEFENDER," and the CIIY OF SPOKANE VALLEY, a code city of the State of Washington, whose address is 11707 East Sprague Avenue, , Spokane Valley, Washington 99206, as "CITY OF SPOKANE VALLEY"; and jointly hereinafter referred to as the "PARTIES." WHEREAS, the PARTIES entered into an interlocal agreement wherein the PARTIES would utilize the grant funds received from the State Office of the Public Defense for public defense in the joint City/County Community Relicensing Program; and WHEREAS, the PARTIES would like to roll any funds not expended under the 2008 grant into the 2009 budget for use in 2009; NOW, THEREFORE, the PARTIES agree as follows: 1. DOCUMENTS. The original interlocal agreement dated May 7, 2008, May 20, 2008, and July 30, 2008, is incorporated by reference into this document as though written in full and sha11 remain in full force and effect except as provided herein. 2. EFFECTIVE DATE. This interlocal agreement amendment shall become effective January 1, 2009 3. AMENDMENT. Section 2 and 3 of the interlocal agreement documents are amended to read as follows: C09-023 l SECTION NO. 2: DURATION ~ This agreement shall be effective on April 14, 2008 and run through ((n°nomhor 3i, 2998)) June 30, 2009. Any Party may terminate this Agreement for breach of any provision by any other party. Provided, however, prior to such termination, the terminating party must give at least thirty (30) days written notice to the breaching party and all other parties of the basis for the termination. !f the breaching party cures the breach to the safisfaction of the terminating party those matters set forth in the termination notice, said notice shall be null and void. Provided, further, this Agreement shall automatically terminate in the event the Grant which is the basis of the funding is terminated, unless the parties agree in writing otherwise. SECTION NO. 3: SERVICES A. COUNTY PUBLIC DEFENDER: The County Public Defender's Office currently provides defender services on driving while license suspended cases for the CITY OF SPOKANE VALLEY through a separate interlocal agreement. The Spokane County Public Defender's Office will use the monies under this agreement to hire additional office assistant 2 help, who will assist in determining eligibility for the relicensing program for CITY OF SP4KANE VALLEY cases and for persons who live in Spokane Valley, or have cases pending based on a citation from the City of Spokane Valley Police ~ Department, and for other duties as assigned relating to those cases. B. CITY OF SPOKANE: The City of Spokane Public Defender's Office will use the monies to hire a temp. seasonal or project employee clerk who will assist in determining eligibility for the relicensing program on cases to which the City of Spokane Public Defender's Office has ;een assigned by the Municipal Court or Probation Department, and Aher duties as assigned relating to driving while license suspended C, ases. C. SPOKANE COUNTY: Spokane County will take appropriate action to appropriate into the Spokane County Public Defender's budget all moneys received from the CITY OF SPOKANE VALLEY under the terms of this Agreement. Anv funds not expended under the 2008 prant allocation shali be ro(led into the 2009 budqet for use in 2009. 2 1 . ' ~ ) Dated: CITY OF SPOKANE By: Title: Attest: Approved as to form: City Clerk Assistant City Attorney Dated: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON TODD MIELKE, Chair ATTEST: ~ MARK RICHARD, Vice Chair Daniela Erickson, Clerk of the Board BONNIE MAGER, Commissioner Approved as to form: Approved: Civil Deputy Prosecuting Attorney Spokane County Public Defender Dated: CITY OF SPOKANE VALLEY By: itle: / Approved as to form: By: . D Title: