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NIN -,,i<e� pfrZa � ,V ,",� e.c wJtit2•1 -;:',.:4 ,,.t • <br /> "v;•4 _ - t <br /> - <br /> s;-$i� :i^ ws�;,4 � • l tva as,' <br /> yRg } yA tIgfj� 2a¢i E ,e. ,,'1-7'1;„,Y,' tiw a* ' t.v. <br /> ati s4s:-.:' .4YtilfAgSN.. r^.41 .-i- _ r-F. ; . q nci4Ak- f ; TrtC; :1f•,,.'`3; ,.. , • . <br /> 63 <br /> PROJECT TITLE: <br /> Joint Defense Agreement with Consent COUNCIL BILL# <br /> Ogden Murphy Wallace, PLLC X Action Originating Department Legal <br /> regarding a B&O Utility Tax First Reading Contact Person Jim Iles <br /> refund in the form substantially Second Reading Phone Number Ext. 8739 <br /> provided Third Reading FOR AGENDA OF Mar. 3,2010 <br /> Public Hearing <br /> Initialed by: <br /> Department Head <br /> CAA <br /> Council President <br /> Location Preceding Action Attachments Department(s)Approval <br /> Joint Defense Agreement Legal <br /> Amount Budgeted -0- <br /> Expenditure Required $2,000 Account Number(s): 003 510 0000 410 <br /> Budget Remaining -0- <br /> Additional Required -0- <br /> DETAILED SUMMARY STATEMENT: <br /> Verizon Northwest Inc.has requested a refund of utility tax paid on its sale of digital subscriber line within <br /> the City. The refund request covers periods between January 1, 2005,and June-30,2008. Verizon has made <br /> substantially similar requests to similarly situated cities in both Snohomish County and around the State. <br /> Because the underlying issues are similar for all cities involved,Ogden Murphy Wallace has proposed a joint <br /> defense agreement allowing the joining cities to defray costs and share privileged information in generating a <br /> preliminary analysis of Verizon's request. <br /> At this time, approximately eight cities have signed on to the joint defense agreement and additional cities <br /> are anticipated to enter the agreement as well.Because of the number of cities involved,the City of Everett's <br /> costs will be capped at no more than$2,000. Additionally,entering into the joint defense agreement does not <br /> obligate the City to further actions beyond the preliminary analysis,but will place the City with a better <br /> position to determine the course of action to be pursued.By entering into the joint defense agreement,the <br /> City will also be signing a conflict of interest waiver. <br /> RECOMMENDATION: <br /> Authorize the Mayor to sign a Joint Defense Agreement with Ogden Murphy Wallace,PLLC regarding a <br /> B&O Utility Tax refund in the form substantially provided. <br /> 15 <br />