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Home My WebLink AboutAgreements/Contracts - Prosecuting AttorneyK25-234 GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00prn on Thursday) REQUESTING DEPARTMENT: PAO Rebekah I��ylor REQUEST SUBMITTED BY.. CONTACT PERSON ATTENDING ROUNDTABLE. - CONFIDENTIAL INFORMATIOW OYES *NO DATE: 11!1412025 PHONE: 754-2011 x3919 tTYPE(S) 0"CICUMENTS SUBMITTED: HECK ALL THAT APP��__, glAgreement I Contract EIAP Vouchers ElAppointment / Reappointment `,.DARPA Related E3 Bids / RFPs / Quotes Award L,-Bld Opening Scheduled El Boards / Committees Budget ElComputer Related 07 County Code DErnergency Purchase []Employee Rel. ElFacilities Related � Financial :Fonds E]Heairing 0invoices I Purchase Orders Grants - Fed/State/County OLeases OMO A / IOU Minutes OOrdinances E30ut of State Travel El Petty Cash [0Policies ElProclamations EIRequest, for Purchase 11 Resolution ORecornmendation 01 Professional Serv/Consultant I Support Letter :10Surplus Req. OTax Levies ElThank You*s OTax Title Property 1_WSLCB L .- (Who, What When, Why, Term, cost, etc.1 Appointment and Oath of Office of Special Deputy Prosecuting Attorney - Leslie C. Nellermoe of Nossaman LLP for Remedial Actions relative to environmental, Superfund Site and Landfill matters. The term of the agreement is from appointment through December 31, 2026. --- - ------------- - - ----------- I ------- ------ ------------- -- --- ----- --- ----------------- -- If necessary, was this document reviewed by accounting? , YES NO 0 NIA If necessary, was this document reviewed by legal? * YES El NO 171 NIA DATE OF ACTION: 1, L It DEFERRED OR CONTINUED TO: APPROVE: DENIED ABSTAIN D1: D2: D3: WITHDRAWN - RECEIVED 4/23/24 GRANT COUNTY COMMISSIONERS COMES NOW Brandon K. Guernsey, the Prosecuting Attorney for Grant County, Washington, and pursuant to the authority of RCW 36.27.040, hereby appoints Leslie- C. Nellen-noe of Nossarnan, LLP, of Seattle, Washington,, to serve as a Special Deputy Prosecuting Attorney pursuant to the terms below: 51 Section PURPOSE The Prosecuting Ott omev appoints a SPECIAL DEPUTY PROSECUTING ATTORNEY 4-;7 (S.D.) to perform and render legal assistance and advice relative to environmental. Superfund Site and Landfill matters,, and other matters and proceed inks as directed by the Grant County Prosecutina Attorney's Office (PAO . Specifically, the S.D. shall be primarily responsible for., but not limited to, the following acts: C) 1. Prepare all legal documents for the proper conduct of proceed ings pertaining to lifleration, enforcement actions and/or administrative hear incrs,, as directed by the PAO� 2. Provide such guidance and assistance, supervision and consultati. n, includin 1 10 1 4.; 1 9 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 PAO 3. Provide such legal guidance and assistance, supervision and consultation,, including advice., with respect to the Grant County Public Works and environmental and Superfund Site matters, and provide legal opinions regarding same matters as may be appropriate,, to the COUNTY, as directed by the PAO; I 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. appropri I as nate; 5. Advise the COUNTY on State and Federal law *issues relating to resolution of Super fund Site issues and matters related there -to, as appropn'ate; 6. Monitor and *interpret proposed legislation likely to affect and/or impact the COUNTY's Landfill and operations related thereto, when appropriate,, mcluding development M* case lmor, as requested by the PAO. Section 2 COMPENSATION AND STATUS L S.D. Will bill time at the hourly rate of Five Hundred and No/100 Dollars ($500.00). Services are based on a or (I /I 01h) hour minimum. 2. S.D. will send invoices for payment of services to United States F"I'delity & Guaranty me Company CUSF&G") by and through its representative, Paula Rose w* h cop* s to it le the COUNTY. USF&G will pay M*voi*c-es for fees incurred at the hourly rate of Three Hundred Eighty and No/100 Dollars ($380.00).The COUNTY. will pay S.D. the difference between the amount invoiced and the amount paid by USF&G. Should U'SF&G fail, for any reason, to pay S.D.'s ffivoices, the COUNTY will pay the invoices, and may seek reirnburs-ement from either the carrier or other potentially liable parties. PROVIDED, S.D. will provide all necessary materials and information to the COUNTY i 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 Iona 0 distance calls, postage, couner costs, document preparation, photocopies, deposit* ions;, transcriptions, resource materials, computer on-lm*e services, cellular telephone and fax expenses, and other expenses reasonably related to services provided by S.D., but not more than once a month. Monthly bills and a case status update shall- be submitted to the Civil Deputy Prosecutink Attomey for tracking and payment by COUNTY. Furthermore,, the S.D. s . hall specifically keep the Grant County Civil Deputy Prosecutor Attorney apprised of all matters concern*lng this case, as if the S.D. were in-house counsel for COUNTY., 2 Nellermoe SPECIAL DEPUTY PROSECUTING ATTORNEY Appointment Section 3* TE- RM This Agreement may be terminate by either party giving written notice thereof. The COUNTY may provide notice of immediate termination. S.D. shall provide thirty (�O) days n0ice lt This Agreement shall be in full force and effect from November 14, 2025 through - d the part ies. December 31, 2026, unless otherwise terminated or exten - e , by Section 4** CONFLICTS OF INTEREST N twithstand Mg any-thm*g to the contrary contained herein, S.D. -shall not and shall have no obligat" n to provide le I services under th* Agreement, 10 ga is , where to do so, would or could reasonably be construed to n*se to a conflict of interest under the Washington Rules of Professional Conduct (R.PC),. In any instance 'in which &DA's prohibited fiom providing legal services- under this- Agreement by mran of an actual or potential conuict. of interest, S.D. shall have no duty or obligatton to provide the Prosecuting Attorney for Grant County, Washington., Grant County, or any other party or third -party with conflict counsel. DATED this 14111 day of November, 2025. ------ ------- WSBA #53075 4SECU rING ATTOR 3 Nellennoe SPECIAL DEPUTY PROSECUTMG ATTORNEY Appoinunent A Tf I'S T : ----------------- I J ------ 8b� aV- z- Date Clerk- of the Board BOARD OF COURNITY COMMISSIONERS GRANT CWN., . WASHINGTON 01 nes, Chair Date v CA ndI iy Carter,, Vice -Chair Date Kevin Burgess, 1(1�cmber Date Nellermoe SPECIAL DEPUTY PROSECUTING ATTORNEY Appointment STATE OF WASHINGTON) County of KING 1, Leslie Nellermoe, do solemunly swear that I will support and defend the Constitution and Laws of the United States and the consdwtion and Laws of the State of Washmigton and that 1, as well as attorneys of Nossaman, LLP., will faidlMly and ' artially perform and discharge MP the dudes of a Special Attomey for Grant County, Washm*gton, to the best of my ability. Lestie Nellexmoe WSBA #8758 Special Deputy ProsecufmgAttorney Subscribed and swom to before me this 13th _ day of .,November 2025. L Nod Public m and for the State f Washington Residing at Kent, WA My appointment expires: 01-23-29 Nellermoe SPECIAL DEPUTY PROSECUTING ATTORNEY Appomitment