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HomeMy WebLinkAboutAgreements/Contracts - Prosecuting Attorney1467743 03/04/2022 10:34 AM CERTAPPT Page 1 of 5 R 0.00 Grant Co, WA GRANT COUNTY PROSECUTING ATTORNEY 11111111111111111111111111111111111111111111 IIII 1111 11 1 1 1 11111 III I I II 111 1 1 1 11 11111 1 111 1111 Return To: Grant County Prosecuting Attorney P.O. Box 37 Ephrata, WA 98823 Document Title: Appointment and Oath of Office of Special Deputy Prosecuting Attorney Reference No.: N/A Grantor: Kevin McCrae Grantee: Leslie C. Nellermoe Legal Description: N/A Assessor's Property Parcel No.: N/A K22-048 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, Superfund Site and Landfill matters, and other matters and proceedings as directed by the Grant County Prosecuting Attomey's Office (PAG). Specifically, the S.D. Shall be primarily responsible for, but not limited to, the following acts: Prepare all legal documents for the proper conduct of proceedings pertaining to litigation, enforcement actions and/or administrative hearings, as directed by the PAG; 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 the 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 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 PAA; 4, Advise the COLTNTY 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; Nellermoe SPECIAL DEPUTY PROSECUTING ATTORNEY Appointment Page 1 of 4 1467743 03/04/2022 10:34 nM CERTAPPT We 2 of 5 R 0.00 Grant Co, WA GR NT COUNTY PROSECUTING ATTORNEY 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 1. 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 (1 /1 oth ) 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/ 100 Dollars ($380.00). The COUNTY will pay 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 COLJNTY in the event the COUNTY should seek reimbursement from either the carrier or other potentially liable parties. I 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. 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 2022, unless otherwise terminated or extended by the parties. Nellermoe SPECIAL DEPUTY PROSECUTING ATTORNEY Appointment Page 2 of 4 1467743 03/04/2022 10:34 AM CERTAPPT Page 3 of 5 R 0.00 Grant Co, WA GRANT COUNTY PROSECUTING ATTORNEY 11111111111111111111111111111111111111111111 IN 111111111111111111111111111111111111111111 DATED this )./, f � day of January 2022. Kevin J. McCrae, WSBA # 43087 GRANT COUNTY PROSECUTING ATTORNEY Noted this day of4effum:y 2022. Attest: Bbara J. Vasq/u�z/ Jerk of the Bo4d GRANT COUNTY BOARD OF COUNTY COMMISSIONERS Danny E.one, Chair Rob J s, Vice Chair Al 4 Cindy Ca Myer, Membe Nellermoe SPECIAL DEPUTY PROSECUTING ATTORNEY Appointment Pag6e a4or 50a/0R/0 eel 10G a4 AM o WA CERTFlPPT GRANT COUNTY PROSECUTING ATTORNEY 11111111111 UE 11111111111111111111111111 III 1111111 VIII 11111111111111111111 I II STATE OF WASHINGTON) ) ss. County of KING I, Leslie Nellermoe, do solemnly swear that I will support and defend the Constitution and Laws of 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. Le to Nellermoe WSBA 4 8758 Special Deputy Prosecuting Attorney Subscribed and sworn to before me this Q04 v&(0avq day of�� 2022. 0% IL Not Public in, and for t6e State of Washington Residing at r My appointment expires. L b Cn, 0�3 Nellermoe SPECIAL DEPUTY PROSECUTING ATTORNEY Appointment Page 4 of 4 1465774o03/0R/m 22 1: 34 AM CERTAPPT Page 5 f 5.00 Grant Co, WA GRANT COUNTY PROSECUTING ATTORNEY � 1111 III I III IIII VIII II� I IIID IIIIII IIII IIII VIII VIII U11 III VIII VIII IIII IIII