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Home My WebLink AboutAgreements/Contracts - Prosecuting AttorneyK19-129 �3 APPOINTMENT AND OATH OF OFFICE OF SPECIAL DEPUTY PROSECUTING ATTORNEY COMES NOW Garth Dano, the duly elected Prosecuting Attorney for Grant County, . y ty, Washington, and pursuant to the authority of RCW 36.27.040, hereby appoints oints Sean P. Boutz , Attorney at Law, of Evans, Craven and Lackie, P. S ., of Spokane, Washington, to serve as a Special Deputy Prosecuting Attorney pursuant to the terms below: Section 1: PURPOSE The Prosecuting Attorney appoints a SPECIAL DEPUTY PROSECUTING ATTORNEY (S.D.) to perform and render legal assistance and advice regarding the matter of HS Data Centers - Quincy, LLC v. Grant County, Douglas County Superior Court Cause No. 19-2-00229-09. Section 2: SERVICES The S.D. shall be primarily responsible for the preparation of legal documents; attendance at litigation events; conducting and engaging in discovery as necessary; making court appearances; �' g providing legal guidance and assistance, supervision and consultation concerning strategy and response to issues and events involving and/or related to the above referenced matter. Section 2: COMPENSATION AND STATUS The S.D. shall be paid as follows: a. Two Hundred Seventy dollars ($270.00) per hour is the current rate charged for services performed for this type of work. b. The rates charged for additional personnel (partner attorney, legal secretaries, paralegal and word processors) range from One Hundred Fifty dollars ($150.00) to Three Hundred Seventy -Five dollars ($375.00) per hour. C. The S.D. will not charge for "soft costs" such as faxing, de minimus internal photocopying, standard postage or on-line legal database research costs. PROVIDED: Grant County shall cover costs concerning and/or related to significant discovery projects or activities, and/or preparation for litigation events including, but not g limited to, trial. The S.D. shall also be reimbursed for certain direct out-of-pocket expenses, including g non- standard postage, courier costs, document preparation, externalhotoco ies depositions, p p transcriptions, travel expenses ($0.58 per mile for automobile travel), and other expenses reasonably related to services provided by the S.D. in performance of its duties hereunder. Payments will be made on appropriately documented billings as received from the S.D., but not more frequently than once a month. �. Y Monthly bills and a case status update shall be submitted to the Civil Deputy Prosecuting Attorney for tracking and payment by Grant County. Furthermore, the S.D. shall specifically k p Yee p Grant County Civil Deputy Prosecutor Kevin J. McCrae apprised of all matters concerning this case as if the S.D. were in-house counsel for Grant County. Section 3: CONFLICTS Neither S.D. nor any attorney's associated therewith, shall undertake any employment or be otherwise associated with any action, litigation, etc., which is contra to the best interests of . . contrary Grant County, and/or its elected officials, officers and/or employees, in theirrofessional capacities. p Section 4: TERM This appointment shall commence on August 9, 2019 and shall continue until the conclusion of services described above. If the services described above have not been concluded, I may revoke the appointment Y pp at Dated this day of August, 2019. � Garth runty WSBA #11226 Gr Prosecuting Attorney SPECIAL DEPUTY PROSECUTING ATTORNEY Appointment Sean P. Boutz Page 2 of 3 Noted this day of August, 2019. Attest: Barbara J. Vasquez Cjerk of the Board// STATE OF WASHINGTON ) )SS. County of Spokane ) GRANT COUNTY BOARD OF COUNTY COMMISSIONERS -ver— r7in Tom Taylor, Chair r Cindy Carter, ice Chair eC/ z Richard Stevens, Member I, Sean P. Boutz, do solemnly swear that I will support and defend the Constitution and Laws of the United States and the Constitution and Laws of the State of Washington; and that g I w111 faithfully and impartially perform and discharge the duties of a Special Deputy Prosecuting Attorney for Grant County, Washington, to the best of my ability. Sean P. Boutz, WSBA #: 34164 Special Deputy Prosecuting Attorney Subscribed and sworn to before me this day of , 2019. Notary Public in and for the State of Washington, Residing at My appointment expires: SPECIAL DEPUTY PROSECUTING ATTORNEY Appointment Sean P. Boutz Page 3 of 3 Spokane Office 818 W. Riverside Avenue Suite 250, Lin -coin Plaza Spokane, VVasbingto.n 9Q201-0.910 (�Qg) 455--:5200 FAX (509} 455-3632 Garth Dano Grant County Prosecutor PO Box 37 Ephrata, WA 98823 JF Lawyers Goeur d'Alene Office 1424 E. Sherman Avenue Eastlake—Profess Professional Suites, #300 Coeur d'Alene, Idaho 83814 (208) 667-8276 Respond to: Spokane July 22, 2019 Re -*i H5 Data Centers-Oulonc- VY LLC v. Grant County Do uWas County Superior' Court No. 19-2-00229-09 Dear Mr. Dano.: Gregory M.: Kane - Michael EA' McFarland, Jr.* Jon D.. Floyd* James F... Topliff" He'zt'h er'C, Yt' lely* Jarn'es P,Xing C h -r islopher j.,. -Kerley", Robert F..Sestero, Jr.* Sean P-: Boute M2rkus W. Lou\fier* Samuel C-..--Thiio*. Sean E, Harkin's Sean M, King James S,,qr2ven of counsel Hugh. O.'i, i Evans 94 4 1720161. H Terren.ce LacRie (1946-2617) also admitted in .Idaho also admitted in lda*ha and Oregon We are pleased to be retained by Qrant: County to provide legal services regarding the p above -referenced litigation matter. Upon ope'riffig a new file, it is our policy to corifir-M our agreement. In order for you to plan the expenditures relative to this work., we will bill you on a monthly basis. Our computer statement Will be mailed to you an or about the first of each month andwi41 t ' reflect fees aaccrued:and ccosts advanced- through our billing cutoff *date, which is generlly around the 23rd day of each month. Payment_ is due -upon receipt of the billing statement. Costs Which are advanced but which .= have not bn posted, such as long :distance ted ephu� ch -ge ..s, PNTPpopy appear f charges and postage, if any, will ar on a subse'que` bill. A late chari ' fh 'r charge o per moT1 maximum allowed by law, if less) is 'made on accounts which are thirty- days past die. We reserve the right to discontinue our engagement in the event our fees and co- 'don a ti, costs are. not paid mely basis, and in the event we are forced to refer collection of'your. account to a collection agene' y or attorney,, by your signature below you agree to pay all reasonable fees and costs for such efforts - Our services will be performed -on an hourly basis-, based upon the time spent by each attorney and support staff person. The current hourly rate charged by our attorneys for this type of work is $270.00 per hour. The rates charged for additional personnel (partner attomey, legal secretaries, paralegal and word p * rocessors) range from $150.00 to $375.00 per hour. We charge on the one-tenth hour basis including telephone -calls and emails. We will assign attomey and staf*f personnel to your case as we deem appropriate In: your best interest. Our rates are reviewed at July 22, 2019 Page 2 least annually and are subject to revision from time to time. Further, the ultimat6 fee may increase depending on time limitations imposed by you, the novelty and difficulty of the issues involved, the level of skill and expertise required to perform legal services properly or the results obtained. Except for original documents signed or provided by you, the files generated or accumulated pursuant to our engagement belong to this office. However, at any time you may request copies of your files from our office subject to your responsibility to pay our normal -charges 41 for copying the files. For various reasons � including minimization zation of unnecessary storage expenses, we reserve the right to destroy or otherwise dispose of any items retained by us with - in a reasonable time -after the termination of our engagement. Of course, it is our customary practice during the course of our engagement to provide you with original documents and/or copies thereof as various projects are completed. If you have any questions about our fee arrangements, or the scope of the work which we will undertake, please give me a call. We are pleased to be of service to you. Very truly A.F., SEAN P. BOUTZ SPB: srt The undersigned has read and agrees to the contents of this letter Dated this day of July, 2019, GRANT CO Garth -']W, Grant County Prosecutor