Interlocal City of Ellensburg Kittitas County Prosecutor 2019

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4. Duration. This Agreement shall be effective from September 1, 2019, through January 31, 2020, or until such time as a new City Prosecutor commences or other time as the parties may mutually agree upon in writing. This agreement presupposes, and is contingent upon, the City maintaining its criminal code as currently adopted. Any repeal of that code will render this Agreement voidable at the discretion of the Kittitas County Prosecuting Attorney. 5. Termination. This Agreement may be terminated earlier than its agreed-upon duration by agreement of the parties, or by written notice of termination given by one party to the other party at least thirty (30) days prior to the date of termination. Charges will be pro -rated for any portion of a month that prosecution services are provided should such cancellation occur. 6. Prosecutorial immunity. The City agrees that the Prosecutor operates with prosecutorial immunity in the course of the Prosecutor's representation of the City. The City agrees to defend and hold the Prosecutor harmless from any claims arising from the Prosecutor's acts or omissions in the scope of the Prosecutor's representation of the City as set forth by this Agreement. 7. Arbitration. If a dispute arises regarding either party's obligations under this Agreement, the parties shall be required to arbitrate in an attempt to resolve the disagreement. The arbitrator shall be agreed to by the parties and shall be an attorney at law who is not practicing in Kittitas County. The cost of arbitration shall be split by the parties. Neither party shall be liable for the other party's costs or attorney fees incurred in preparation or attendance at the arbitration. The arbitration may occur during the pendency of a lawsuit filed regarding the same dispute, but must occur at least (30) days before a trial on the disputed issue(s). 8. Default and/or breach of contract. The obligations of both parties under this Agreement are bilateral and the failure of one party to perform the duties required by this Agreement will be considered a default or breach of contract. If either party fails to perform the obligations set forth in this Agreement or performs the obligations in such a manner as would be considered a material breach of this Agreement, the other party may be excused from further performance upon a ten-day written notice to the breaching party. If either party breaches this Agreement, that party shall be liable for any direct damages incurred by the non -breaching party, but shall not be liable for consequential damages. If either party is forced to enforce or defend this Agreement in a court of law, the substantially prevailing party shall be entitled to all costs and reasonable attorney fees from the other party. 9. Future support. Neither party to this Agreement makes any commitment to future support and assumes no obligation for future support of any activity contracted for herein, except as may be expressly set forth in this Agreement. Interlocal Agreement for Interim Prosecution Services - 3