09-220 Public Defender Services Relicensing Program INTERLOCAL AGREEMENT
PUBLIC DEFENDER SERVICES — RELICENSING PROGRAM
THIS AGREEMENT is entered into between the City of Spokane, a municipal
corporation of the State of Washington, having offices for the transaction of business at
808 West Spokane Falls Boulevard, Spokane, Washington 99201 , hereinafter referred
to as "City of Spokane", and the City of Spokane Valley, a code city of the State of
Washington, having offices for the transaction of business at 11707 East Sprague
Avenue, Spokane Valley, Washington 99206, hereinafter referred to as "City of
Spokane Valley"; and jointly hereinafter referred to as the "Parties."
WITNESSETH:
WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties
and cities to contract with each other to perform certain functions which each may legally
perform; and
WHEREAS, the City of Spokane, by Katherine S. Knox, Public Defender, and the
City of Spokane Valley, by Cary P. Driskell, Deputy City Attorney, made application to
the State Office of Public Defense (OPD) for funds to be used for public defense and
specifically for the joint City / County Community Relicensing Program for 2008. That
application was approved and funds in the amount of $75,000 were awarded to be
shared equally by the City of Spokane Valley and the City of Spokane. The cities jointly
made a request for continuing grant funds for these purposes for 2009, and were
awarded $6,500 each; and
WHEREAS, the City of Spokane Valley contracts with Spokane County for public
defense services for Spokane Valley misdemeanor and gross misdemeanor cases,
many of which are the charge of driving while license suspended in the third degree;
and
WHEREAS, the City of Spokane and Spokane County have jointly provided
financial and / or personnel resources to reestablish the joint City/County Community
Relicensing Program;
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WHEREAS, the City of Spokane, City of Spokane Valley and Spokane County
entered into an agreement for use of the grant funds; and Spokane County had unused
funds which it returned to the City of Spokane Valley. The total remaining, unused grant
funds for the City of Spokane Valley is $30,854.79; and
WHEREAS, the parties received additional monies for the 2009 year; -- Now,
Therefore,
The Parties agree as follows:
SECTION NO. 1: PURPOSE
The purpose of this Agreement is to set forth the Parties' understanding of the terms
and conditions under which the Parties will utilize the remaining and new grant funds
received from the State Office of Public Defense for public defense and specifically for
the joint City / County Community Relicensing Program.
SECTION NO. 2: DURATION
This Agreement shall be effective on December 16, 2009 and run through December
31, 2010. Either party may terminate this Agreement for breach of any provision by the
other party. Provided, however, prior to such termination, the terminating party must
give at least thirty (30) days written notice to the breaching party of the basis of the
termination. If the breaching party cures the breach to the satisfaction of the terminating
party, the 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
The City of Spokane Public Defender's Office will use the remaining and new monies
from Spokane Valley for data entry for the Relicensing Program and other defender
costs, such as investigator expenses.
SECTION NO. 4: COMPENSATION
The City of Spokane shall receive a maximum of THIRTY SEVEN THOUSAND THREE
HUNDRED FIFTY FOUR AND 79/100 DOLLARS ($37,354.79) for its services provided
under the grant. The City of Spokane Valley's financial obligation is limited to these
excess and new grant funds.
SECTION NO. 5: PAYMENT
The City of Spokane Valley shall, no later than twenty (20) days after full execution of
this Agreement, remit to the City of Spokane, the full amount of this Agreement.
SECTION NO. 6: AUDIT / RECORDS
Each Party shall maintain for a minimum of three (3) years following final payment all
records related to its performance of the Agreement. Each Party shall provide access
to authorized representatives of the other Party, at reasonable times and in a
reasonable manner to inspect and copy any such record. In the event of conflict
between this provision and related auditing provisions required under federal law
applicable to the Agreement, the federal law shall prevail.
SECTION NO. 7: NOTICES
All notices or other communications given hereunder shall be deemed given on: (i) the day
such notices or other communications are received when sent by personal delivery; or (ii)
the third day following the day on which the same have been mailed by certified mail
delivery, receipt requested and postage prepaid addressed to the Parties at the address
set forth below, or at such other address as the Parties shall from time-to-time designate
by notice in writing to the other Parties:
CITY OF SPOKANE: City Public Defender
City of Spokane
824 North Monroe Street
Spokane, Washington 99201
CITY OF SPOKANE VALLEY: Office of the City Attorney
11707 East Sprague Avenue, Suite 103
Spokane Valley, Washington 99206
SECTION NO. 8: ASSIGNMENT
This Agreement shall be binding upon the Parties, their successors and assigns. No Party
may assign, in whole or in part, its interest in this Agreement without the approval of the
other Parties.
SECTION NO. 9: LIABILITY
The City of Spokane shall indemnify, defend and hold harmless the City of Spokane
Valley, its officers and employees from all claims, demands, or suits in law or equity
arising from the City of Spokane's intentional or negligent acts or breach of its
obligations under the Agreement. The City of Spokane's duty to indemnify shall not
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apply to loss or liability caused by the intentional or negligent acts of the City of
Spokane Valley, its officers and employees.
The City of Spokane Valley shall indemnify, defend and hold harmless the City of
Spokane, its officers and employees from all claims, demands, or suits in law or equity
arising from the City of Spokane Valley's intentional or negligent acts or breach of its
obligations under the Agreement. The City of Spokane Valley's duty to indemnify shall
not apply to loss or liability caused by the intentional or negligent acts of the City of
Spokane, its officers and employees.
If the comparative negligence of the Parties and their officers and employees is a cause
of such damage or injury, the liability, loss, cost, or expense shall be shared between
the Parties in proportion to their relative degree of negligence and the right of indemnity
shall apply to such proportion.
Where an officer or employee of a Party is acting under the direction and control of the
other Party, the Party directing and controlling the officer or employee in the activity
and/or omission giving rise to liability shall accept all liability for the other Party's officer
or employee's negligence.
Each Party's duty to indemnify shall survive the termination or expiration of the
Agreement.
Each Party waives, with respect to the other Parties only, its immunity under RCW Title
51, Industrial Insurance. The Parties have specifically negotiated this provision.
SECTION NO. 10: INSURANCE
During the term of the Agreement, the each Party shall maintain in force at its own
expense, each insurance noted below:
a. Worker's Compensation Insurance in compliance with RCW 51.12.020,
which requires subject employers to provide workers' compensation
coverage for all their subject workers and Employer's Liability or Stop Gap
Insurance in the amount of$1,000,000;
b. General Liability Insurance on an occurrence basis, with a combined single
limit of not less than $1,000,000 each occurrence for bodily injury and
property damage. It shall include contractual liability coverage for the
indemnity provided under this Agreement;
c. Automobile Liability Insurance with a combined single limit, or the equivalent
of not less than $1,000,000 each accident for bodily injury and property
damage, including coverage for owned, hired and non-owned vehicles.
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d. Professional Liability Insurance with a combined single limit of not less than
$1,000,000 each claim, incident or occurrence. This is to cover damages
caused by the error, omission, or negligent acts related to the professional
services to be provided under this Agreement. The coverage must remain in
effect for two years after the Agreement is completed.
There shall be no cancellation, material change, reduction of limits or intent not to renew
the insurance coverage(s) without thirty (30) days written notice from the insuring Party or
its insurer(s) to the other Party.
As evidence of the insurance coverages required by this Agreement, the City of Spokane
shall furnish acceptable insurance certificates to the City of Spokane Valley at the time it
returns the signed Agreement. The certificate shall specify all of the parties who are
additional insured; and include applicable policy endorsements, the thirty (30)-day
cancellation clause, and the deduction or retention level.
SECTION NO. 11: ANTI-KICKBACK
No officer or employee of the a Party, having the power or duty to perform an official act or
action related to this Agreement shall have or acquire any interest in the Agreement, or
have solicited, accepted or granted a present or future gift, favor, service or other thing of
value from or to any person involved in the Agreement.
SECTION NO. 12: VENUE STIPULATION
This Agreement has been and shall be construed as having been made and delivered
within the State of Washington and it is mutually understood and agreed by each party
that this Agreement shall be governed by the laws of the State of Washington both as to
interpretation and performance. Any action at law, suit in equity or judicial proceeding for
the enforcement of this Agreement, or any provision hereto, shall be instituted only in
courts of competent jurisdiction within Spokane County, Washington.
SECTION NO. 13: COMPLIANCE WITH LAWS
The Parties shall observe all federal, state and local laws, ordinances and regulations, to
the extent that they may be applicable to the terms of this Agreement.
SECTION NO. 14: NON-DISCRIMINATION
No individual shall be excluded from participation in, denied the benefit of, subjected to
discrimination under, or denied employment in the administration of or in connection
with this Agreement because of age, sex, race, color, religion, creed, marital status,
familial status, sexual orientation, national origin, honorably discharged veteran or
military status, the presence of any sensory, mental or physical disability, or use of a
service animal by a person with disabilities.
SECTION NO. 15: MISCELLANEOUS
A. NON-WAIVER: No waiver by any party of any of the terms of this Agreement
shall be construed as a waiver of the same or other rights of that party in the
future.
B. ENTIRE AGREEMENT: This Agreement contains terms and conditions agreed
upon by the Parties. The Parties agree that there are no other understandings, oral
or otherwise, regarding the subject matter of this Agreement. No changes or
additions to this Agreement shall be valid or binding upon the Parties unless such
change or addition is in writing, executed by the Parties.
C. MODIFICATION: No modification or amendment to this Agreement shall be valid
until put in writing and signed with the same formalities as this Agreement.
D. HEADINGS: The section headings appearing in this Agreement have been
inserted solely for the purpose of convenience and ready reference. In no way do
they purport to, and shall not be deemed to define, limit or extend the scope or
intent of the sections to which they pertain.
E. COUNTERPARTS: This Agreement may be executed in any number of
counterparts, each of which, when so executed and delivered, shall be an
original, but such counterparts shall together constitute but one and the same.
F. SEVERABILITY: If any parts, terms or provisions of this Agreement are held by
the courts to be illegal, the validity of the remaining portions or provisions shall
not be affected and the rights and obligations of the Parties shall not be affected
in regard to the remainder of the Agreement. If it should appear that any part,
term or provision of this Agreement is in conflict with any statutory provision of
the State of Washington, then the part, term or provision thereof that may be in
conflict shall be deemed inoperative and null and void insofar as it may be in
conflict therewith and this Agreement shall be deemed to modify to conform to
such statutory provision.
G. RELATIONSHIP OF THE PARTIES: The Parties intend that an independent
contractor relationship will be created by this Agreement. No agent, employee,
servant or representative of the City of Spokane shall be deemed to be an
employee, agent, servant or representative of the City of Spokane Valley for any
purpose. Likewise, no agent, employee, servant or representative of the City of
Spokane Valley shall be deemed to be an employee, agent, servant or
representative of the City of Spokane for any purpose.
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SECTION NO. 16: RCW 39.34 REQUIRED CLAUSES
A. PURPOSE: See Section No. 1 above.
B. DURATION: See Section No. 2 above.
C. ORGANIZATION OF SEPARATE ENTITY AND ITS POWERS: No new or
separate legal or administrative entity is created to administer the provisions of this
Agreement. The City of Spokane's contract administrator is Katherine Knox, City
Public Defender. The City of Spokane Valley's contract administrator is Cary P.
Driskell, Deputy City Attorney.
D. RESPONSIBILITIES OF THE PARTIES: See provisions above.
E. AGREEMENT TO BE FILED: The City of Spokane and the City of Spokane Valley
shall file this Agreement with their City Clerks. The City of Spokane shall file this
Agreement with its County Auditor or place it on its web site or other electronically
retrievable public source.
F. FINANCING: Each party shall be responsible for the financing of its contractual
obligations under its normal budgetary process.
G. TERMINATION: See Section No. 2 above.
H. PROPERTY UPON TERMINATION: Title to all property acquired by any party in
the performance of this Agreement shall remain with the acquiring party upon
termination of the Agreement. Jointly acquired property shall be divided in
proportion to the percentage share of each party contributing to its acquisition.
DATED: Ic-// 7/d7 CITY OF SPOKANE
By:
Title: Thomas nanek,jr,
City Administrator
Attest: Approved as to form: City of Spokane
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City Clerk Assistant City Attorney
Approved:
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Kathy Knox, City P •lic Defender �l�',�s�
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DATED: /v1/ 9/Y CITY OF SPOKANE VALLEY
Title: City Manager/Deputy City Manager
Attest: Approved as to form:
r'-.$1.ti i ,
ity Clerk Office of the ity Attorney
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