HomeMy WebLinkAboutAgreements/Contracts - Prosecuting AttorneyGRANT COUNTY
COMMISSIONERS AGENDA MEETING REQUEST FORM
(Must be submitted to the Clerk of the Board by 12:00pm on Thursday)
REQUESTING DEPARTMENT:Prosecuting Attorney
REQUEST SUBMITTED BY:Kevin McCrae
CONTACT PERSON ATTENDING ROUNDTABLE:Kevin McCrae
CONFIDENTIAL INFORMATION: DYES ® NO
DATE: 3/27/2024
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Of Nossaman, LLP. The term of the agreement is from appointment through December 31, 2024.
DATE OF ACTION: I'/!'
APPROVE: DENIED ABSTAIN
D1:
D2:
D3:
DEFERRED OR CONTINUED TO:
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Of Nossaman, LLP. The term of the agreement is from appointment through December 31, 2024.
DATE OF ACTION: I'/!'
APPROVE: DENIED ABSTAIN
D1:
D2:
D3:
DEFERRED OR CONTINUED TO:
K24-101
APPOINTMENT AND OATH OF OFFICE OF
SPECIAL DEPUTY PROSECUTING ATTORNEY
COMES NOW Kevin J. McCrae, the Prosecuting Attorney for Grant County,
Washington, and pursuant to the authority of RCW 36.27.040, hereby appoints Leslie C.
Nellermoe of Nossaman, LLP, of Seattle, 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 relative to environmental, Superffind
Site and Landfill matters, and other matters and proceedings as directed by the Grant County
Prosecuting Attorney's Office (PAG). Specifically, the S.D. shall be primarily responsible for,
but not limited to, the following acts:
1. Prepare all legal documents for the proper conduct of proceedings pertaining to
litigation, enforcement actions and/or administrative hearings, as directed by the
PAO;
2. Provide such legal guidance and assistance, supervision and consultation, including
advice, with respect to the Grant County Public Works Department and
environmental and landfill matters, and provide to COUNTY legal opinions regarding
these matters as may be appropriate, and as directed by the PAC);
3. Provide such legal guidance and assistance., supervision and consultation, including
advice, with respect to the Grant County Planning Department and environmental and
Superfund Site matters, and provide legal opinions regarding same matters as may be
appropriate, to the COUNTY, as directed by the PACT;
Nellermoe SPECIAL DEPUTY PROSECUTING ATTORNEY Appointment
4. Advise the COUNTY on State and Federal law issues relating to operating a landfill
operation and matters related thereto, as appropriate;
5. Advise the COUNTY on State and Federal law issues relating to resolution of
Superfund Site issues and matters related thereto, as appropriate;
6. Monitor and interpret proposed legislation likely to affect and/or impact the
COUNTY's Landfill and operations related thereto, when appropriate, including
development in case law, as requested by the PAO.
Section 2:, COMPENSATION AND STATUS
I. S.D. Will bill time at the hourly rate of Five Hundred and No/100 Dollars ($500.00),.
Services are based on a one-tenth (I /101h) hour minimum.
2. S.D. will send invoices for payment of services to United States Fidelity & Guaranty
Company ("USF&G") by and through its representative, Paula Rose, with copies to
the COUNTY. USF&G will pay invoices for fees incurred at the hourly rate of Three
Hundred Eighty and No/I 00 Dollars ($3 80.00). The COUNTY willpay S.D. the
difference between the amount invoiced and the amount paid by USF&G. Should
USF&G fail, for any reason, to pay S.D.'s invoices, the COUNTY will pay the
invoices, and may seek reimbursement from either the carrier or other potentially
liable parties. PROVIDED, S.D. will provide all necessary materials and information
to the COUNTY in the event the COUNTY should seek reimbursement from either
the carrier or other potentially liable parties.
3. S.D. will send invoices for insurance coverage matters to the COUNTY which will
pay the invoices directly.
4. S.D. will also be reimbursed for direct out-of-pocket expenses, including long
distance calls, postage, courier costs, document preparation, photocopies, depositions,
transcriptions, resource materials, computer on-line services, cellular telephone and
fax expenses, and other expenses reasonably related to services provided by S.D., but
not more than once a month.
5. Monthly bills and a case status update shall be submitted to the Civil Deputy
Prosecuting Attorney for tracking and payment by COUNTY. Furthermore, the S.D.
shall specifically keep the Grant County Civil Deputy Prosecutor Attorney apprised
of all matters concerning this case, as if the S.D. were in-house counsel for
COUNTY.
Nellermoe SPECIAL DEPUTY PROSECUTING ATTORNEY Appointment
Section 3: TERM
This Agreement may be terminated by either party giving written notice thereof. The
COUNTY may provide notice of immediate termination. S.D. shall provide thirty (30) days'
notice.
This Agreement shall be in full force and effect from appointment through December 31,
2024,
unless otherwise terminated or extended by the parties.
Section 4: CONFLICTS OF INTEREST
Notwithstanding anything to the contrary contained herein, S.D. shall not and shall have
no obligation to provide legal services under this Agreement, where to do so, would or could
reasonably be construed to rise to a conflict of interest under the Washington Rules of
Professional Conduct (RPC). In any instance in which S.D. is prohibited fromproviding legal
services under this Agreement by reason of an actual or potential conflict of interest, S.D. shall
have no duty or obligation to provide the Prosecuting Attorney for Grant County, Washington,
Grant County, or any other party or third -party with conflict counsel.
DATED this �0 f 4 — day of 2024.
Kevin J. McCrae,, WSBA #43087
GRANT COUNTY PROSECUTING ATTORNEY
Nellermoe SPECIAL DEPUTY PROSECUTING ATTORNEY Appointment
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
Cindy Carter, Chair
Danny Stone, Vice -Chair
ATTEST:
Rob Jones, ember
Barba a J. Vasque
Cl—erk of the Board
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Nellermoe SPECIAL DEPUTY PROSECUTING ATTORNEY Appointment
STATE OF WASHINGTON)
) ss.
County of KING
1, Leslie Nellermoe, 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
1, as well as attorneys of Nossaman, LLP, will faithfully and impartially perform and discharge
the duties of a Special Attorney for Grant County, Washington, to the best of my ability.
.................................
Leslie Nellermoe WSBA #8758
Special Deputy Prosecuting Attorney
Subscribed and sworn to before me this
day of
2024,.
W AV%
AS--,
Notary Pubtfe
Washington
Residing at
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My appointme
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Nellermoe SPECIAL DEPUTY PROSECUTING ATTORNEY Appointment