The URL can be used to link to this page

Home My WebLink AboutAgreements/Contracts - Prosecuting AttorneyK14-240 GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: PfOS@CUtOf'S Office REQUEST SUBMITTED BY:Janet Millard DATE: 1 0/09/24 PHONE. CONTACT PERSON ATTENDING ROUNDTABLE:Kevin MCCfB@ 811dIOf R@IJ@ICBM KByIOf CONFIDENTIAL INFORMATION: DYES BNO U UZI a millf ♦ ♦ ♦ i . - - -1-1- - - ----- DAgreement / Contract ❑AP Vouchers RAppointment / Reappointment DARPA Related E> Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled D Boards / Committees LD Budget DComputer Related OCounty Code ❑Emergency Purchase ❑Employee Rel. O Facilities Related O Financial O Funds OHearing ❑ Invoices / Purchase Orders ❑Grants — Fed/State/County 01-eases ❑MOA / MOU O Minutes OOrdinances O Out of State Travel ElPetty Cash D Policies I Proclamations DRequest for Purchase El Resolution ORecommendation ❑Professional Serv/Consultant I Support Letter OSurplus Req. []Tax Levies ❑Thank You's ❑Tax Title Property ®WSLCB ♦ . P_001 Appointment of Oath of Office of Special DPA for Nathan Smith of Kutak Rock, LLP of Spokane to represent and provide legal advice to the Grant Co Planning Dept regarding land use matters on an as assigned basis. If necessary, was this document reviewed by accounting? D YES D NO ® N/A If necessary, was this document reviewed by legal? YES El NO 8 N/A DATE�� OF ACTION. APPROVE: DENIED ABSTAIN a J D1. D2: D3: 4/23/24 DEFERRED OR CONTINUED TO: WITHDRAWN: GRANT COUNTY COf,� PHIS IOle�� .v r I, r . '.k WFB�iL'�Apmc{uepyt.• •IiMUC.nxs:F Kutak Rock LLP Cutter Tower. 510 West Riverside Avenue, Suite 800, Spokane. WA 99201-0506 office 509.747,4040 NATHAN G, SMITH 509252.2690 nathan.smfth@kutakrock,com September 30. 2)0'24 VIA ELECTRONIC MAIL Mr. Kevin J.klcRae Prosecuting Attorney Grant County Prosecuting Attorney's Office P.O. Box.37 Ephrata, WA 9881 Re.- Engagement Letter Dear Mr. %,-4cRae.- This letter confirms our representation of Grant County, �Nvashington regarding land use matters on an as assi(med basi's from your office (the -Matter"). Z1 V Kutak Rock LLP the "Firm") appreciates the opportunity to represent Grant County in this matter and by this letter confirms our engagement as outlined herein. Nkle will provide you with our recommendation as to courses of action available to vou. however. the final dec*s' issue is entirely yours. The Firm is onbs providing legal servic' i ion on any matter under this engagement. Zes in connection with the referenced Fee Arranoement. Initially, it is our un Z!derstanding that you haN--e authorized us to act on Grant County's behalf to accomplish the specific tasks contemplated in this letter, and all other tasks which vou may request of us in the future. whether or not related to the specific tasks contemplated herein. In return for providing legal services, we will impose a charge for reasonable fees. plus costs. expenses and disbursements which may be incurred in connection xvith the work to be performed. You agree to pay for our services at our hourly rates in effect he theservices are rendered. of We will charge our current hourly rates for the- primary attorneys contemplated to work on this matter and such rates may be increased from time to time in accordance with Firm policy and *K you agree to pay increased rates when put into effect after we not*16, you of such 'increase and you .i approve the same. I will be primarily responsible for this engagement and my 1014 hourly rate is S425.00. Brian Kistler will also be assisting me and his 2024 hourly rate is $400. We will also involve associates in this matter and their hourly= rate will be S-1..) ".00. In addition, when it is practical and efficient. the Firm has a practice of using other partners, associates. paralegals and zn 48733-73'80-9387 1 KUTAK Mr,, Kevin J. McCrae September 30,, MON Page 2 other legal assistants for the benefit of our clients. These services will also be billed -at the current rates for such personnel* In the event that the scope of our engagement changes substantially or extraordinary matters occur which are not currently contemplated, the Fin-n will seek an agreement with the Client as to the revised nature of our services and the charges there -for. When the Size, complexity or urgency of a matter, or the results obtined, or similar factors so dictate, the fees may incorporate an increment in excess of our customary rates,, whi ch reasonable in lia t of such factors. increment i's deemed by the Firm to be 'Please be advised that in performing legal services we account for time in one4enth hour increments: for the attorney, paralegal, clerks or other legal assistants performing the services. Further, any services pertaining to the subject, matter of this letter which were performed by us prior to your acceptance of this letter will be includedin the Firm"s fee. Fees, Costs, Expenses and Disbursements. By your acceptance (this arrangement. you agree to pay the costs, expenses and disbursements incurred by the Fin in connection with this matter. Examples of such costs, expenses and disbursements include, but are not limited to. I photocopyi'ng and outoroi.ngy facsimile charges, Iand c -er, filing omputerized legal t> 1 postageCour - research costs, all ofwhich will be billed to you tv be charged at our standard rates, whiich (in some cases y ices mz may be more than our direct out -of - I pocket cost to include costs associated with our direct and indirect overhead. 'Normally, third -party ervic s s i w*II be billed . e directly to you. In the event, however,, that the Firm makes an advance for such services on your bf. lk ehal our policies require prompt reimbursement for all expenses so: paid. We may request that sizable disbursements, such as filing fees. be paid directly by you or be 'Immediately reimbursed to us. Hung and Payment. The Firm. will submit to you itemized monthly bills -for services I * rendered and costs,, expenses and disbursements incurrea auring the previous month. All such bills are due and payable within 20 days of the billing date, unless otherwise indicated on the billing statement. Dt"Scharge and Withdrawal. You may terminate this letter by notifying the Firm in writing. Conversely, the Finn may i w thdraw as your counsel and terminate this letter by notiling you in writing to the extent consistent with our professional and ethical commitment to our representation and the Firm will follow the requirements of Washington Rules of Professional Conduct and any applicable court rule before terminatina our services. In either event, you will be required Firm to pay the Fiits fees for services rendered and expenses incurred to the date of termination. Such fees and expenses shall be due and payable on the date of termination, with late charges, if any. Unless previously terminated. our representation will term* sendin vou our I I inate upon our 9. final bill for services rendered. If you request, we will return your original papers and property to W, 4873-7380-9387.1 KUTAKRCDI.. Mr. Kevin J. McCrae September 30,, 2024 Page 3 you promptly consistent with our need -to ensure payment of any outstanding bi Hs. Wetern vr a k *1 n, copies of the documents. We will keep our own files, including attorney work product, pertaining to our representation of vou. For various reasons., inciuding the minimization of unnecessary storage expenses. we may destroy or otherwise dispose of documents and materials a reasonable time after tenninatin of the engagement. Entire Agreement-, Amendment. This letter contains the entire agreement between the Client and the Finm recrardincr the professional le I representation described herein. This letter tga may be amended only, in writing signed by both parties. No Third -Party Beneficiaries. This letter is between the Client and the Firm., and neither this letter nor the performance o(this letter shall create any rights in any other person. There. are no third -party beneficiaries to this letter. Applicable Law. This letter shall be construed, interpreted and govemed by the laws of the State of Washington withregard to the principles of conflicts of law. 4, If you have any questions or if anything, is unclear, please, ad .0 is me promptly so that we can discuss the issue and reach a full understanding,, Please indicate your acceptance by signing this letter at the space provided below and retuning ng a copy to me. We thank you for your engagement of the Firm and look forward toworking with you. Very truly yours, KUTAK ROCK. U'" Nath'r.ri U. -'sifilth 4873-7380-9387,1 KUTAKFZOCK Mr. Kevin J. McCrae September.30, 20A'24 Pa 4 Agreed to and accepted by: Z:� GRAW COUNTY PROSECUTING ATTORNEY By -. A Kevin J. McCrae Prosecuting Attome\ Dated: lu t q/ �q 4 1504215 10/02/2024 09:49 AM Page0. 00 Grant co, UA OATHD PROSECUTING ATTORNEY 19�!�I�If ��9�I4�I��;h�l��III��I�IU�I1111I3Ii11111111114hIill 11IO1101111 APPOENTMEN'T AND OATH OF OFFICE OF SPECIAL DEPUTY PROSECUTING ATTMNEY 1, Kevl*n McCrae, Prosecuting Attorney for Grant Counry, Washington, pursuant to authority of RCW 36-27.040 hereby appoint Kutak Rock LLP to same as a Special Deputy Prosecutor pursuant to s aid i statute, to represent and provide legal advice to the Grant Count-, Planning Department regarding land use matters on an as assigned basis. The Grant County Prosecutor's Office A&q*ll assist the Special Depuq,, Prosecutor with any and all matters not in conflict and not inconsistent With the representation of Gr?,-,nt County and its Departments. Dated this day of October 2024. Kevin M crae — WSBA #43087 Grant County Prosecuting Attorney STATE OF WAS14INGTON ss County of Qv= Spokane Nathan G. Smith (Kutak Rock, LLP), do sol.emnJy swear that I Will support the Constitution and La%i of the LTn*lted States and the Constitution and Laws of the She of )Vashingtow and that I will faithfully and impartially perfonn and discharge the duties- of a Special Deputy Prosecuting Attorney for ��nt—(h* gton, tothe bestof myability. i n ty Prosecuting Attomey Subscribed and sworn, to before me this I st day of October 2024. ---- &-ZA Notary Pubes staft of Washington Notary Public in and fdr the State of Washinn gto Residing at kane Valley TERESA M ERICKSON COMMISSION NUMBER 124011 My appointment expires: 112027-_-- MYC,0MM EXPOES 01101=2? Smith, Special Deputy Prosecuting Attorney Appointment/Oath of Office. Date: 10- ( 5.2q ATTEST: arbara J. Vasquez Clerk of the Board BOARD OF INGTON Danny E Stone, Vice -Chair Rob Jone< Wember