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HomeMy WebLinkAbout01-222 A~ENDA BILL BRE~m,TON CITY COUNCIL 1. SUBJECT: Contract for Legal FOR AGENDA OF: October 10, 200~/ Services - McGavick Graves, P.S. ORIGINATING DEPT: Admin. Service~ regarding Burlington tax case ORIGINATOR: Paula Johnston~ DATE SUBMITTED: ~ ~, 2~V 2. CLEARANCES: (comment on back 3. EXHIBITS: if necessary) Admin. Services ~ ~ - Contract Interim City Attorne~~~ Fiscal & Budget - ' ~ Operations ~.~--~Z~/ MAYOR ~ ~ ~ -- COUNCIL PRESIDENT' ~- - --~/~/~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City of Bremerton has been in litigation with Burlington Environmental, Inc. regarding a Business/Occupation Tax dispute for utility taxes owed from 1996 through 2000. Burlington was prime contractor at PSNS for hazardous waste collection during this time frame, generating about $6 million over the last four years. We were successful in having this case remanded back to the City for proper administrative review. Our attorney, Steve Reich, has withdrawn from this case. Paul Alvasted of McGavick Graves is a skilled tax attorney who would be head litigator on this case. Staff recommends retaining McGavick Graves, P.S. as counsel to bring this tax case to a successful conclusion. 8. RECOMMENDATION: Move to approve professional services agreement with McGavick Graves, P.S. as retained counsel representing the City in Burlington Environmental Inc. v. City of Bremerton and authorize the Mayor to Execute same. 9. RESPONSIBLE OFFICIAL: Admin. Services ENFORCEMENT OFFICIAL: Admin. Services EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED / DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: City will lack expert legal representation in material tax litigation. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES Contract not to exceed $100,000 and 15% of realized tax assessment. 7. RESEARCH SOURCES