Interlocal City of Ellensburg Kittitas County Prosecutor 2019

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prosecutorial discretion shall not be considered a breach of the Prosecutor's duties under this Agreement. The Prosecutor shall meet periodically with the City Attorney and Chief of Police to review the status of case prosecutions, outstanding legal issues, and to address such other matters as may be necessary to the effective provision of prosecution services. The Prosecutor will represent the City in appeals from City cases to Superior Court and the appellate courts, which services shall be compensated under section 3(B) of this Agreement. The Prosecutor shall not represent the City on infraction cases. All costs associated with the prosecution of criminal cases, such as witness fees (expert or factual), records checks, and court costs shall be paid for or provided by the City. Any costs or fees not contemplated by this Agreement which may arise during the term of the contract shall be brought to the City Attorney's attention by the Prosecutor. The parties shall review this Agreement as a whole and make an attempt to determine whether the uncontemplated cost should be paid by the City or the Prosecutor. If the parties cannot agree, then they shall consider the ordinary course of business between an attorney and client, including whether the cost is usually paid by the client or the attorney. If the parties still cannot reach an agreement, they shall arbitrate the matter as provided below. 3. Compensation. (A) General prosecution services. Beginning September 1, 2019, the City shall pay the Prosecutor Six Thousand Four Hundred dollars ($6,400.00) per month as compensation for the Prosecutor's services defined by this Agreement. The Prosecutor shall invoice the City monthly and payment will be made within thirty (30) days of the invoice date. Payment for any portion of a month that prosecution services are rendered will be paid on a pro -rata basis. (B) Appellate services (Superior Court, Court of Appeals and State Supreme Court). The City shall pay the Prosecutor One Hundred Twenty-five dollars ($125.00) per hour (plus costs) as compensation for any appellate worked performed under this Agreement. The Prosecutor will invoice the City on a monthly basis for any such appellate work. The Prosecutor shall obtain the approval of the City Attorney prior to working more than five (5) hours on any particular appellate case. (C) Taxes. The Prosecutor shall be responsible for all federal, state and local taxes associated with the City's compensation to the Prosecutor and any tax liability resulting from the Prosecutor's employment of staff to assist with the representation of the City. Interlocal Agreement for Interim Prosecution Services - 2