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C. Any costs or fees not contemplated by this Agreement which may arise during the <br />term of the agreement shall be brought to the City Attorney's attention by the County <br />Prosecutor. The parties shall review this Agreement as a whole and make an attempt to <br />determine whether the uncontemplated cost should be paid by the City or the County <br />Prosecutor. If the parties cannot agree, they shall arbitrate the matter as provided below. <br />3. Assignment of Conflicts Matters by Citlz or County. <br />A. Either party may, due to a conflict of interest as defined in the Washington Rules <br />of Professional Conduct, request assignment of prosecution to the other party of misdemeanor <br />and gross misdemeanor criminal cases in Kittitas County Lower District Court ("assigned <br />Prosecutor"). The assigned Prosecutor will attend and represent the other party (City or County) <br />at all pre{rial hearings, probation violations and review hearings, all bench and jury trials, but <br />need not attend first appearances or arraignments. <br />B. The assigned Prosecutor shall provide and be responsible for any and all office <br />expenses related to the representation of the other party, as defined above, including office <br />supplies and equipment and the compensation of any necessary staff. <br />C. The assigned Prosecutor shall screen cases for legal sufficiency and will utilize <br />independent judgment following the Prosecutorial Standards set forth at RCW 9.94A.401-.480 <br />and the Rules for Professional Conduct Rule 3.8 in determining whether to file or pursue <br />prosecution of a criminal charge. <br />D. The Ellensburg City Attorney or Kittitas County Prosecuting Attomey shall each <br />have final authority on the disposition and sentencing for their respective cases in which an <br />assigned Prosecutor represents the City or County. The exercise of prosecutorial discretion shall <br />not be considered a breach of the Prosecutor's duties under this Agreement. <br />E. The assigned Prosecutor will represent the other party in appeals from their <br />assigned cases to Superior Court and the appellate courts, which services shall be compensated <br />under section 4(C) of this Agreement. <br />F. All costs associated with the prosecution of criminal cases, such as witness fees <br />(expert or factual), records checks, and court costs shall be paid for or provided by the party <br />making the assignment of prosecution to the other party. <br />4. Compensation. <br />A. Pretrial dockets. For each City pretrial docket, the City shall pay the County <br />Prosecutor One Hundred and twenty-five dollars ($125.00) per hour as compensation for the <br />County Prosecutor's seryices defined by this Agreement. The County Prosecutor will invoice the <br />City on a monthly basis if applicable. <br />B. Probation dockets. For each City probation docket, the City shall pay the County <br />Prosecutor Seventy-Five Dollars ($75.00) per hour as compensation for the County Prosecutor's <br />Interlocal Agreement for Docket coverage and conflicts Assignment - 2