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Home My WebLink AboutAgreements/Contracts - Prosecuting AttorneyK21-040 4 APPOINTMENT AND OATH OF OFFICE OF SPECIAL DEPUTY PROSECUTING ATTORNEY GARTH DANO, the duly elected Prosecuting Attorney for Grant County, Washington, by authority of RCW 36.27.040, hereby appoints Brian Ferrasci-O'Malley 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 Attorney's Office (PAO). Specifically, the S.D. shall be primarily responsible for, but not limited to, the following acts: 1. Prepare all legal documents for the proper conduct of proceedings pertaining to litigation, enforcement actions and/or administrative hearings, as directed by the PAO; 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 PAO; 4. Advise the COUNTY 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; 5. Perforin and render legal assistance and advice on other matters/proceedings as directed by the PAO; and 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. APPOINTMENT OF SPECIAL DEPUTY PROSECUTING ATTORNEY - FERRASCI-O'MALLEY Page 1 of 4 57858368.v2 1445213 03!11/2021 11:52 AM OATHD Page 2 of 5 R 0.00 Grant Co, WA PROSECUTING ATTORNEY 11111111111 EIII IIII Illlli IIII 1111111 111111 IIII IIII IIIII IIIII 1111111 III IIIII IIIII IIIII IIII IN 1445213 03/11/2021 11:52 AM OATHD Page I of 5 R 0.00 Grant Co, WA PROSECUTING ATTORNEY 1111111III � II 11111111 1111111111111 II II VIII VIII1111111 � ILII VIII VIII I II Return To: Kaye Burns, Administrative Assistant Grant County Prosecutors Office PO Box 37 Ephrata WA 98823 Document Title: Special Deputy Prosecuting Attorney Grantor(s): Garth Dano, Prosecuting Attorney for Grant County Grantee(s): Brian Ferrasci-O'Malley of Nossaman, LLP I Legal Description: N/A Assessor's Property Parcel No.: N/A Section 2: COMPENSATION AND STATUS 1. S.D. will bill time at the hourly rate of Three Hundred Seventy Five No/100 Dollars ($375.00). Services are based on a one-tenth 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 Two Hundred Fifty and No/100 Dollars ($250,00). 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 COUNTY in 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 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 Grant County Civil Deputy Prosecutor Kevin McCrae apprised of all matters concerning this case, as if the, S.D. were in-house counsel for COUNTY. Section 3: TERMINATION/DURATION 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, 2021, unless otherwise terminated or extended by the parties. APPOINTMENT OF SPECIAL DEPUTY PROSECUTING ATTORNEY - FERRASCI-O'MALLEY Page 2 of 4 57858368.v2 1445213 03/11/2021 11:52 AM OATHD Pae 3 of 5 R PROSECUTING ATTORNEY O@ Grant Co, WA 111111111111111111111111111111111111111111IN 41111111 HIM III VIII 11111111111111 IN Dated this lst day of March, 2021. �Ijt5c I --- Garth Dano, SBA #11226 Grant Co t Prosecuting Attorney Noted this � day ofV4 A Attest: GRANT COUNTY BOARD OF COUNTY COMMISSIONERS JJA .(I0 Cin&Y/ Carter, hair n Danny . Stone, Vice Chair G Rob Jori er APPOINTMENT OF SPECIAL DEPUTY PROSECUTING ATTORNEY - FERRASCI-O'MALLEY Page 3 of 4 57R_5R3h9.v2 1445213 03/11/2021 11:52 AM ORTHD Page 4 of 5 R 0.00 Grant Co, WR PROSECUTING ATTORNEY 11111111111111111111111111111111111111111111 II II VIII VIII1111111III VIII VIII VIII I II STATE OF WASHINGTON )SS. Cotmty of King L Bri-an, Ferrasci,G'Malley, -do-, solemnly swear that Iw1*11 support- and defend: the Con-stitutio.,n and Laws of the'United States and the Constitution and Laws -of the State of :Washington; and that I will faithfully and impartially perform and discharge the dubes of :a Special DeP utv . ProsQcutina Atto* me,'y for Grant County Washington to the best of my ability, Arian t�6scl'O`Mattey, — W84A #46721 Special Deputy Prosecuting Attorney Subscribed and sworn to beforeI e,74- 'me this day of k&v"CM � Za�� '4�11bl: 4 �►��Y PtahinCteof Wasgton 'got K BECKY SANtIESTEBAN Notary c in and for the State, ofWashington, COM.MI:SSION#:205964 I Ig My COMMISSION EXPIRES Res"d'nat ... January P, 2023 MZ.0 y -appointment expires: APPOINTMENT OF, SPECIAL DEPUTY PROSECUTING ATTORNEY - FERRAscl-O'MALLEY Page 4 of 4 57858368.v2 aag45513f 5 03/1R /2021 11G52nt AMCo, WA OATHD PROSECUTING ATTORNEY 11111111111111111111111111111111111111111111 II II VIII VIII �IIIII VIII VIII VIII I II