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Home My WebLink AboutAgreements/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:Prosecutor REQUEST SUBMITTED BY:Victoria Smith CONTACT PERSON ATTENDING ROUNDTABLE: Rebekah Kaylor CONFIDENTIAL INFORMATION: ❑YES ONO DATE; J U Iy 1, 2024 PHONE: 509-754-2011 x3919 ff f�Agreement /Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑Bids / RFPs / Quotes Award ❑Bid Opening Scheduled ❑Boards / Committees ❑Budget ❑Computer Related ❑County Code ❑Emergency Purchase ❑Employee Rel. Facilities Related ❑ Financial ❑ Funds ❑ Hearin 9 ❑ Invoices / Purchase Orders ❑ Grants — Fed/State/County ❑ Leases ❑MOA / MOU ❑Minutes ❑Ordinances ❑Out of State Travel ❑PettY Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution ❑Recommendation ❑Professional Sery/Consultant ❑Support Letter ❑Sur lus Req. p q ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB Special Deputy Prosecuting Attorney oath of office If necessary, was this document reviewed by accounting? ❑ YES ❑ N g O ❑ N/A If necessary, was this document reviewed by legal? CYES ❑ NO ❑ N/A DATE OF ACTION: �. APPROVE: DENIED ABSTAIN D1: D2: D3: 4/23/24 DEFERRED OR CONTINUED TO: WITHDRAWN: R ECEIVECD JUL 0 9 211)'"o IAT COUNT r^�'s� ...wzv�ear�.iasmr:+a_^r•.n r ,S pP� � �� . ® tl :.•.� K24-173 - 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 Franklin D. Cordell, Attorney at Law, of Gordon, Tilden, Thomas & Cordell, 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 advice as coverage counsel for Gray v. Grant County, 23-2- 00011-19. Section 2: SERVICES The S.D. shall be responsible for advising the County regarding insurance -related issues and work with the County's defense counsel as needed. S.D. will not be responsible for the defense of the Gray v. Grant County, lawsuit. Section 3: COMPENSATION AND STATUS The S.D. shall be paid as according to the letter of engagement attached as "Attachment X1 and incorporated herein. 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 keep Grant County Civil Deputy Prosecutor Rebekah Baylor apprised of all matters concerning this case, as if the S.D. were in-house counsel for Grant County. Cordell SPECIAL DEPUTY PROSECUTING ATTORNEY Appointment Section 4: TERM This Agreement shall be in full force and from appointment through December 31, 2024, unless otherwise terminated or extended by the parties. This Agreement may be terminated at any time by either party upon written notice. Section 5: CONFLICTS OF INTEREST Neither S.D. nor any attorneys associated therewith, shall undertake any employment, or be otherwise associated with any action, litigation, etc., which is contrary to the best interests of Grant County, and/or its elected officials and/or employees, in their professional capacities. DATED thl*s,,--- ----- _day of,, ------- 5.2024. Kevin J. McC e, WSB #43087 GRANT COUNTY PROSECUTING ATTORNEY Cindy Carter, Chair - - - - - - - - - - - - - - - - - - - Dan tone, Vice -Chair R6151"ones,'Member Cordell SPECIAL DEPUTY PROSECUTING ATTORNEY Appointment STATE OF WASHINGTON) ) ss. County of KING 1, Franklin D. Cordell, 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 Gordon, Tilden, Thomas & Cordell, LLP, will faithfully and impartially perform and discharge the duties of a Special Attorney for Grant County, Washington, to the best of my ability. rte' k1o' - D. Cordell, WSBA #263 92 Special Deputy Prosecuting Attorney Subscribed and sworn to before me this day ofYV "'All, !-Y- .2024 4 Cordell SPECIAL DEPUTY PROSECUTING ATTORNEY Appointment CAL-," V7 Notary Public in and for the State of Washington Residing at My appointment expires,,, A - ATTACH-ViENT A 0 R D 0 N T I L D E N T H 0 M A S 0 0 R D E L Lrz; September 11, 2023 VIA ELECTRONIC MAIL Kevin J. McCrae Grant County Prosecuting Attorney Grant County Prosecutor's Office 35 C. Street NW Ephrata, WA 98823 Re: Engagement Agreement for Legal Representation, Fees, and Costs Dear Mr. McCrae: Franklin D. Cordell d: (20 6) 805-6610 e: fcordeil@gordontilden.com We are pleased to confirm that Gordon Tilden Thomas & Cordell LLP 4"GTTC") will represent Grant County as its insurance coverage and "personal" counsel in connection with the Redwine lawsuit. We will not be responsible for the defense of that lawsuit; rather, we will advise the County regarding insurance -related issues and work with the City's defense counsel as needed. It is understood that only Grant County is our client in this representation. By subsequent mutual agreement, our services may be extended to other matters or to related business entities. The provisions of this letter will apply, unless otherwise agreed in writing, to any such expanded representation. Please do not hesitate to ask questions if any aspect of this Agreement is unclear to you. When this letter is countersigned by you and returned to us, it will serve as confirmation that you understand and agree to the terms and conditions below. Fees, Expenses, and Billing Statements. We will send you our statements for professional sorvices on a monthly basis, unless we otherwise subsequently agreein writin-g.., Charges for lawyers, paralegals, and other professionals employed by us will be in accordance with our regular hourly rates as in effect at the time the services were rendered. Currently, the hourly rates for lawyers range from $335—$675, for paralegals $200—$240, and for document clerks $50. My current hourly rate is $625. These rates may be adjusted annually on January 1, the start of our fiscal year. Our statements will also include usual and customary charges for support services incurred on your behalf. We do not mark up or surcharge any expenses. You will be charged the actual cost of outside messengers and express mail. We charge $.10 per page for photocopying and printing of documents. With respect to substantial document management or duplicating tasks, � ^t5�>is i , - kv`, t,-; in o :ve, ^i:'^ psi %'4 S" S„� sti ._ %.,. i i {• '<. .:% '%/t' 01 Kevin J. McCrae September 11, 2023 Page 2 we will use outside vendors if it is cost-efficient to do so. For computer-assisted research within the libraries for which we have contracted a flat rate, you will be charged a pro -rata charge based upon our use of such materials on your behalf. For computer-assisted research outside of our flat rate libraries, you will be charged at the vendor's standard rates to us. In circumstances where substantial or unusual third -party payments are required (e.g., co -counsel fees, expert fees, deposition transcripts, or any single charge of more than $1,000), we reserve the option either to forward the charge to you for direct payment or to obtain advanced funds from you to cover the cost. We expect never to have any disagreement with you regarding our fees. Should you ever have a question about our bill, we would appreciate your raising the issue with us directly. It is very important to us that you believe our bills are fair and that we are a good value. Late Payment. We expect our statements to be paid in full within 30 days of the date rendered. We charge interest, at the rate of eight percent per annum, on any portion of a statement that goes unpaid for 45 days or more. If we are required to take any action to collect fees or disbursements due us, the prevailing party will be entitled to recover the reasonable value of their attorney fees and costs, File Retention and Destruction. At the conclusion of this matter, we will return to you any original documents related to your case/matter that we have not previously returned to you. It is our practice to retain copies of those originals and your legal files for a period of seven (7) years after we close our file. At the expiration of the seven-year period, we will destroy those files unless you notify us in writing that you wish to take possession of them. If the foregoing accurately states the agreement and understanding between us, please signify your agreement by signing and returning a copy of this letter to us. We value your business and look forward to working with you. 0� _S J c`-e'r: Oi y o urs oo . . . . . . . . . . Franklin D. Cordell FDC/jI AGREED TO-,. GRANT COUNTY Bya*l --------------- - ...... DATE... Authorized Representative