2020INTERLOCAL AGREEMENT CITY OF ELLENSBURG AND KCPAO COVERAGE

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services defined by this Agreement. The County Prosecutor will invoice the City on a monthly basis if applicable. C. Conflict and Appellate Services. For any case assigned by either party to the other due to a conflict (as provided in Section 3 above), the assigning party shall pay the assigned Prosecutor One Hundred Twenty -Five dollars ($125.00) per hour (plus costs) as compensation for any work performed under this Agreement, including appeals taken to the Superior Court, Court of Appeals and State Supreme Court. The assigned Prosecutor will invoice the other party on a monthly basis for any such work. D. Taxes. The assigned Prosecutor shall be responsible for all federal, state and local taxes associated with the assigning party's compensation to the assigned Prosecutor and any tax liability resulting from the assigned Prosecutor's employment of staff to assist with the representation of the assigning party. 5. Duration. This Agreement shall be effective from March 1, 2020 and continue until terminated as provided in Section 6. 6. Termination. This Agreement may be terminated 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. 7. Prosecutorial immunity. Each party agrees that the other party's Prosecutor operates with prosecutorial immunity in the course of the Prosecutor's representation of the City or County. Each party agrees to defend and hold the other party's Prosecutor harmless from any claims arising from the Prosecutor's acts or omissions in the scope of the Prosecutor's representation of the City or County as set forth by this Agreement. 8. 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). 9. 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 Interlocal Agreement for Docket Coverage and Conflicts Assignment - 3