Interlocal City of Ellensburg Kittitas County Prosecutor 2019

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INTERLOCAL AGREEMENT BETWEEN THE CITY OF ELLENSBURG AND KITTITAS COUNTY FOR INTERIM PROSECUTION SERVICES This Agreement is made and entered into this 1" day of September, 2019, by and between the City of Ellensburg, a municipal corporation (the "City"), and Kittitas County, a political subdivision of the State of Washington (the "County"). WHEREAS, the City of Ellensburg's City Prosecutor has given notice of termination for prosecuting City cases effective August 31, 2019, and at that time will cease serving as City Prosecutor, and WHEREAS, the City will therefore be in need of interim city prosecution services until such time as regular prosecution services may be retained through an appropriate selection process, and WHEREAS, the County, through the Kittitas County Prosecutor's Office (the "Prosecutor"), is willing to provide interim city prosecution services to the City upon terms mutually agreeable to both parties, and WHEREAS, this Agreement for cooperative services is authorized by the provisions of Chapter 39.34 RCW, the Interlocal Cooperation Act, NOW, THEREFORE, it is hereby agreed as follows: 1. Purpose. The purpose of this Agreement is to set forth the respective responsibilities of the City of Ellensburg and Kittitas County regarding the provision of interim prosecution services by the Prosecutor for the City's criminal cases filed in Lower Kittitas District Court. 2. Scope of Services. The Prosecutor will provide misdemeanor and gross misdemeanor prosecution services for the City's criminal cases filed in Lower Kittitas District Court. The Prosecutor will attend and represent the City at all pre-trial hearings, probation violations and review hearings, all bench and jury trials, but need not attend first appearances or arraignments. The Prosecutor shall provide and be responsible for any and all office expenses related to the representation of the City, as defined above, including office supplies and equipment and the compensation of any necessary staff. The Prosecutor shall screen cases for legal sufficiency and will utilize independent judgment following the Prosecutorial Standards set forth at RCW 9.94A.401-.480 and the Rules for Professional Conduct Rule 3.8 in determining whether to file or pursue prosecution of a criminal charge. The Ellensburg City Attorney shall have final authority on the disposition and sentencing of all cases in which the Prosecutor represents the City. The exercise of Interlocal Agreement for Interim Prosecution Services - 1