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HomeMy WebLinkAboutAgreements/Contracts - Prosecuting Attorney (003)K26-009 GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by :0 pm or. Thursday) REQUES­11"ING DEPARTMENT:Prosecutor's Office REQUEST SUBMITTED BY. Rebekah Kaylor/tkc CONFIDENTIAL INFORMATION: [3YES *NO -7 OlAgreement / Contract - Bids / RFPs 1 Quotes Award []Computer Related E]Facilities Related 0 Invoices / Purchase Orders OlMinutes D;Policies - Recommendation 0Tax Levies EIAP Vouchers L]Bid Opening Scheduled LICounty Code ElFinancial ,.,Grants — Fed/State/County [D Ord inances OProdamations 0Professionall Serv/Consultant EThank You's DATE: 01/06/2026 PHONE: 7 54 -2 011 x.3 9-1- 9 *-Appointment / Reappointment DARPA Related f OBoards 'Committees DBudget OEmergency Purchase CDEmployee Reif, DIFunds I Hearing El.eases D MOA / MOU DOut of State Travel 0 Petty Cash ORequest for Purchase El Resolution 7Support Letter Surplus Req. Tax Title Property EIWSLCB PWORDING FOR ENDAW- hatsWhen Term, cost, etc STW­ . . . . . . . . . . . . . . . . . . �SUGGE- - - ---- ---------------- -------------- Appointment of Oath of Office of Special DPA for Nathan Smith of Kutak Rock, LLP of Spokane to perform and render legal assistance and counsel to Grant County Planning Department regarding land use matters in effect through December 31. 1 2026. ($60 increase for him ------------ - - - -------- - ----- ---------------------------- from last year.) DATE OF ACTION: ( -12- )C, APPROVE: DENIED DI: 02. D3- ABSTAIN DEFERRED OR CONTINUED TO: WITHDRAWN: RECEIVED 411, lr�y 4/23/24 GRANT COUNTY COMMISSIONERS APPOINTMENT AND OATH OF OFFICE OF SPECIAL DEPUTY PROSECUTING ATTORNEY COMES NOW Brandon K. Guernsey, the Prosecuting Attorney for Grant County, Washington, and pursuant to the authority of RCW 36,27,040, hereby appoints Nathan G. Smith of Kutak, Rock LLP, of Spokane, Washington, to senses a Special Deputy Prosecuting Attomey pursuant to the terms below,, The Prosecuting Attorney appoints a SPECIAL DEPUTY PROSECUTING ATTORNEY (S-,,D) to perform and render legal assistance and counsel to the Grant County Planning Department regarding land use matters, and such other matters and proceedino as required by the Prosecuting attorney or designee, The initial Engagement Letter dated September 30,2024 and signed by Kevin McCrae October 9, 2024 is incorporated into this agreement ("Engagement Letter"). See Attachment '"A". 5gill n 2: SERVICES, The S,D.'s duties shall include, when necessary, the preparation of all legal documents for the proper conduct of proceedings pertaining to land use matters. COMPENSATION AND STATUS The S.D. Nathan G. Smith shall be paid Four Hundred Eighty -Five and no/100 Dollars ($485.00) per hour, and Three Hundred Eighty -Five and no/100 Dollars ($385.00) for Associate attorneys, For additional compensation 1'nfonnation, see the Engagement Letter. 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 s pe*f ignee apprised. ci al keep the Grant County Civil Deputy Prosecutor or des' pr"sed of all matters concemIng this case, as if the S.D. were in-house counsel -for Grant County. I Smith SPECIAL DEPUTY PROSECUTING ATTORNEY lion 4: TERM This Agreement shall be 'in full force and from appointment through December 31, 2026, unless otherwise terminated or extended by the parties. This Agreement may be terminated by either party giving written notice thereof The COUNTY may provide notice of immediate termination. The S.D. shall prov*lde thirty (30) davs' notice. W Sggli,it.11 .. 5; COIN4FLICTS OF INTEREST Neither S.D. nor any attorneys associated therewith, shall undertake any employment, or V 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 this 5� day of January, 2026. Brandon(k. Gq WSBA 453075 GR...ANT COUNTY PROSECUTING ATTORNEY Smith SPECIAL DEPUTY PROSECUTING ATTORNEY �arb ra J. V q I*A of the 4Bo- I BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINCJON Kevin Burges--7--.,..,,_hay r Date R ice -Chair Date ArN j Cindy Carte, Member Date Smith SPECIAL DEPUTY PROSECUTING ATTORNEY STATE OF WASHINGTON ) )Ss. County of SPOKANE 1, Nathan G. Smith, 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 Nvell as attorneys of Kutak Rock LLP, will faithfully and impartially perfonn and discharge the duties of a Special Attorney for Grant County, Washing .,ton,. to the best of our ability. M Subscribed and sworn to before me this- 6th —day of January, 2026. Nounpum Stab Of W801119wn TERESA M ERICKSON COMMISSION NUMBER 124011 My COMM. EXPIRES 01/011202? 4 Smith SPECIAL DEPUTY PROSECUTtNG ATTORNEY 11A #39699 ting Attorney Teresa M. Efickson Notary Public in and for the State of Washington Residing at Spokane Valley My appointment expires: 1/1/2027 Engagement KU'"rAKROCK If--% CA* P-Odc LLP Cuner Tower, 5 10 West RIN-lerfide Aver. Suite 8M. Spokane, WA 99201 -050 office- 50 747-404-0 NATHAN G, SMITH 509=5 2M September 30, 2024 VIA ELECTRONIC MAIL Mr.. Kevin J. McRae Prosecuting Attomey Grant County Prosecuting Attorney" s Office P.O. Box 37 Ephrata, WA 98823 Re: Engagement Utter W Dear Mr. McRae. This letter confirms our representation of Grant County, Washington regarding land use matters n an as assigned basis from your office (the Kutak Rock LLP (the "Finn") appreciates the opportunity to represent Grant County ire this matter and by this letter confims our engagement as outfined herein. We will provide you with our recommendation as to courses of action available to you, however, the final decision on any I e I Ing legal services in connect*on with the referenced Issue is entirely yours, The Firm is only prov'd' 10'r matter under thi's engagement, Fee Arrangement,. Initially, it is our understanding that you have authorized us to act on Grant County"s behalf to accomplish the sp, n plated *n his letter, and all other tasks co tem I t tasks which you 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 dishursemems which may be incurred in connection with the work to be performed. You agree to pay for our services at our hourly rates in effect when the services are rendered - 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 ify you of suc'iand you you agree to pay increased rates when put 'Into effect after we not h ncrease approve the same. I will be primarily responsible for this engagement and my 202..4 hourly rate Is 2 t 4 $42.5.00. Brian Kistler will also be assisting me ano nis 2024 hourly rate is $400. We will also r * i "t * involve associates 'in this matter and their hourly rate will be $33,00, In addit on, when 1 is I* practical and eerieI associates, paralegals and the Firm has a practice or using other partners 4.973-7380-93971 <R Mr. Kevin J. McCrae September 30, 2022.4 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 Firm will seek an agreement with the Client as to the revised nature of our services and the charges therefor. men the size, complexity or urgency of a matter, or the results obtained, or similar factors so dictate, the. fees may incorporate an increment in cxcess of our customary rates, which "increment is deemed by the Firm to be reasonablein light of such factors, Plem- be advised that in performing legal services we account for time 'in one -tenth our 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 included in tie Hrm's f Fees, Costs, Expenses and Disbursements. By your acceptance of this arrangement, you agree to pay the costs, expenses and disbursements incurred by the aim in connection with this matter. Examples of such costs, expenses and disbursements include, but are not Hmited to, photocopying and outgoing facsimile charges, postage, courier, filing and computerized legal research costs, all of which w'111 be billed to you and which services may be charged at our standard rat -of-pocket cost to include costs ,es, which On some cases) may be more than our direct out il. 'It be billed I sery ecs wl associated with our direct and indirect, overhead. Normally, third -party directly to you. In the event however, that the Firm makes an advance for such services on your behalf, our policies require prompt reimburseMent for all expenses so paid. We may request that I I I I —ed sizable disbursements, such as riling fees, be pa*d directly by you or be irrnmediately r6mburs to us, Billing and Payment. The Firm will submit to you eternized monthly bills for services rendered wd costs, expenses and disbursements incurred during the previous month. All such bills are due and payable within 20 days of the billing date, unless otherwise 'indicated on the billing statement, Discharge and Withdrawal. You may terminate this letter by notifying the Firm in writing, Converstly, the Firm may withdraw as your counsel and terminate this letter by notiFying 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 terminating our services. In either event, you will be required to pay the Firm its 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 terminate upon our sending you our final bill for services rendered. If you request, we will return your original papers and property to 4973-73W9397 I Mr. Kevin J. McCrea September- 30,,2024 Page 3 you promptly consistent Nvith our need to ensure payment orany outstanding bills. We may retain 4 . t i copies of the documents. We will keep our own files, including attorney work product perta n ng to our representation of you. For various reasons, including the minimization of unnecessary storage expenses, we may destroy or othemAlse clispose of documents and materials a reasonable time after termination of the engagement. Entire Agreement; Amendment., This lever contains the entire., agreement between the Client and the Firm regarding the professional legal representation described herein, This letter 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 of this leer shall cmati: any rights in any, other person. There are no third -party he ericiaries to this letter. , V� iove-med by the laws of Applicable Law. This letter shall be construe '. d it and g the State of Washington w4hout regard to the principles of conflicts of law, If you have any questions or 'if anything 'is unclear, please advise me promptly so that we can discuss the issue and reach a full understanding. Please indicate your acceptance by signing t i . letter Ns at the space provided below and returning a copy to me. We thank you for your engagement of the Firm and look- forward to work-ing with you. Very truly yours.. of KUTAK ROCK LI.Or 0,& a-t I Na th r, G. ' idth 4971-7390-9397 1 KUTAKROCK�. Mr. Kevin J. McCrae September 30, 2024 Page 4 Agreed to and accepted by, GRANT COUNTY PROSECUTING ATTORNEY )Aj By: Kevin J. McCrae Prosecuting Attomey 4873-7390-9387 1