HomeMy WebLinkAbout030413_ca03Consent Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: ~ Philip Morley, County Administrator ~ ~ r~i -.--'
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DATE: March 4, 2013
SUBJECT: AGREEMENT re: Legal Services; in the amounts of 5205 per hour
(Partner), $155 per hour (Associate), and $85 per hour (paralegal services};
Law, Lyman, Daniel, Kamerrer &Bogdanovich, P.S.
STATEMENT OF ISSUE:
AGREEMENT re: Legal Services for Belenski vs. Jefferson County Case #12-2-01065-2; $205 per hour
(Lawyer); $155 per hour (Associate); and $85 per hour (Paralegal Services); Jefferson County Prosecuting
Attorney; Law Lyman, Daniel, Kamerrer &Bogdanovich.
DISCUSSION:
The Jefferson County Prosecuting Attorney wishes to receive legal advice and representation in litigation
concerning Belenski vs. Jefferson County (12-2-01065-2) including any appeal to any higher court.
FISCAL IMPACT: $205 per hour (Lawyer); $155 per hour (Associate); and $85 per hour (Paralegal
Services) from Non-Departmental.
RECOMMENDATION:
Approve AGREEMENT re: Legal Services for Belenski vs. Jefferson County Case #12-2-01065-2; $205 per
hour (Lawyer); $155 per hour (Associate); and $85 per hour (Paralegal Services); Jefferson County
Prosecuting Attorney; Law Lyman, Daniel, Kamerrer &Bogdanovich.
REVIEW BY:
~i7 3
Philip Morley, Con dministrator Date
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AGREEMENT FOR LEGAL SERVICES
WHEREAS JEFFERSON COUNTY, by and through its elected Prosecuting
Attorney, wishes to receive legal advice and representation in litigation concerning
Public Records Act (Ch. 42.56 RCW) requests and related matters from LAW, LYMAN,
DANIEL, KAMERRER & BOGDANOVICH, P.S. (hereafter "LLDKB");
NOW THEREFORE, it is hereby agreed by the parties as follows:
t. LLDKB shall be available to provide legal advice and consultation to JEFFERSON
COUNTY on an hourly fee basis for specific matters referred to LLDKB by the
Prosecuting Attorney. Consistent with the Rules of Professional Conduct, LLDKB
shall work in coordination with the Prosecuting Attorney, and shall appear to
represent the County in Beienski v. Jefferson County, Clallam County Superior.
Court No. i2-2-oio65-2, (including any appeal to any higher court) and such
other matters as maybe or are specified by the Prosecuting Attorney of Jefferson
County
2. Specific matters and requests for representation shall be referred to LLDKB by
the Prosecuting Attorney. The contact person for LLDIZB will be Jeffrey S. Myers,
although matters maybe referred to other attorneys depending on their
individual expertise. Pursuant to RCW 36.2y.o4o, Mr. Myers will serve as a
special deputy prosecuting attorney to represent the County in the matter of
Belenski u. Jefferson County (including appeals) and other matters assigned in
writing by the Prosecuting Attorney. Billing shall be directed to the Prosecuting
Attorney and will be paid within 3o days.
3. LLDKB reserves the right to review all requests for representation under this
Agreement for conflicts and to decline such requests. If a matter is declined,
LLDKB will attempt to refer the County to alternate legal counsel.
4. Matters will be billed monthly to Jefferson County, c/o Jefferson County
Prosecuting Attorney's Office on an hourly basis. Billing rates for partners at
LLDIZB will be $205 per hour and $155 per hour for associates. Paralegal services
may be utilized and will be billed at $85 per hour. There will be no=charge for
clerical or administrative services. Reimbursable costs incurred for this
representation, such as copying, postage, filing fees, expert witness fees, etc. will
also be billed at the actual cost incurred.
5. This agreement shall be effective upon signature of the parties below and shall
run until all matters referred by the City have been concluded or are transferred
to the Prosecuting Attorney. LLDKB agrees to cooperate and coordinate any
continuing representation of the County with the Prosecuting Attorney. This
Agreement may otherwise be terminated by written notice of either party.
6. LLDKB maintains professional liability insurance in the following minimum
amounts: occurrence limit of no less than $i,ooo,ooo per claim and $i,ooo,ooo
policy aggregate limit.
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AGREED TO this ~ day of February, 2oi3.
By: wi
colt W. Rosekrans,
Jefferson County Prosecuting Attorney
LAW, LYMAN, DANIEL, KAMERRER &
BOGDANOVICH P.S.
' ffre3 S. ,Partner
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APPOINTMENT AND OATH OF
SPECIAL DEPUTY PROSECUTING ATTORNEY
I, SCOTT W. ROSEKRANS, Prosecuting Attorney for Jefferson County, State of
Washington, pursuant to RCW 36.27.040, do hereby appoint JEFFREY S. MYER5, effective
February 19, 2013, for the purpose of representing Jefferson County in Michael Belenski v.
Jet3'erson County, Clallam County Superior Court Cause No. 12-2-01065-2, and further for
representing Jefferson County in any further legal actions resulting from such representation.
This appointment shall be deemed commenced on Febniary 19, 2013 and shall continue
until all matters relating to this matter are complete. I firrther give Jeffrey S. Myers, the said
special deputy prosecuting attorney, full power and authority to do and act in my name the same
as I would is law be empowered to do if personally present for the express purpose of fulfilling
the obligations under this appointment.
DATED AND SIGNED this 13s' day y~February, 2013.
Prosecuting Attorney
Jefferson County
I, JEFFREY S. MYEKS, do solemnly swear that I will support the Constitution 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 my duties as a special deputy prosecuting
attorney for Jefferson County, Washington, to the best of my ability.
J S. ERS, WSB 16390
Special Deputy rosecuting Attorney
AND SWORN to before me this ~~day of February, 2013.
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TARP PUBLIC in and for the State of Washington.
My appointment expires: ~y/ 2G~/!o
APPOINTMENT OF SPECIAL DEPUTY
PROSECUTING ATTORNEY - Jefl:rey S. Myers
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