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Contract Duration. This Contract is effective July 1,2009, and terminates on December 31, 2014, 9 <br /> unless earlier terminated in accordance with the provisions of this Contract. <br /> 3. The following is added as Section 4(H) of the Contract: <br /> H. Compensation Renegotiation. <br /> 1. Renegotiation Events. Each of the following two events is defined as a"Renegotiation Event" <br /> for the purposes of this Contract: <br /> a. The Supreme Court of Washington imposes caseload standards that directly affect the <br /> Agency by requiring the Agency to hire additional staff or refuse appointments based on <br /> caseload standards. <br /> b. The City prosecutes significantly fewer Indigent Defendants for Driving While License <br /> Suspended in the Third Degree. <br /> 2. Renegotiation Procedure. After the occurrence of a Renegotiation Event, either party may <br /> deliver written notice to the other party that it desires to renegotiate the compensation provisions <br /> of this Contract(the"Renegotiation Notice"). Upon delivery of Renegotiation Notice,the <br /> parties will in good faith renegotiate the compensation provisions,with the purpose of preparing <br /> an amendment to this Contract that revises the compensation provisions fairly and equitably in <br /> light of the Renegotiation Event. If the parties have not fully executed such an amendment <br /> within ninety (90) days after delivery of the Renegotiation Notice,then either party may <br /> terminate this Contract effective six(6) months after delivery of a written notice of termination <br /> to the other party. In the event of such termination,neither the City nor the Agency has any <br /> liability to the other for the termination, except that,as in the case of Contract termination under <br /> Section 5 of the Contract,the City shall pay Monthly Base Compensation accrued up to the <br /> effective date of termination(which,if the effective date of termination is mid-month,will be a pro- <br /> rated amount based on the number of days in that month) and shall pay any amounts due under <br /> Section 5(E)(3). <br /> 4. All provisions of the Contract remain in full force and effect, except as expressly modified by this <br /> Amendment. Capitalized teims not defined in this Amendment have the meaning given to them in the <br /> Contract. <br /> IN WITNESS WHEREOF, the City and the Agency have executed this Amendment as of the date first • <br /> above written. <br /> CITY: CITY OF EVERETT <br /> WASHINGTON <br /> By: <br /> Ray Stephanson, Mayor <br /> Date <br /> 43 <br />