HomeMy WebLinkAboutJoint Defense Agreement - 10/2/2006 � Quo
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JOINT DEFENSE AGREEMENT
1. This Joint Defense Agreement is entered into by two or more of the Cities of
Sioux City, Waterloo, Bettendorf or Davenport and may also include any of the Cities of
Dubuque, Des Moines and Cedar Rapids. Cities entering into this Agreement are represented by
their own attorneys and by Ahlers & Cooney, P.C. Any City which authorizes execution of this
Agreement shall be bound by the terms hereof.
2. This Agreement covers and concerns the defense of actions brought against the
above-named Cities challenging the legality of franchise fees collected by the named Cities in
which the Plaintiffs are represented by the law firm of Lane & Waterman, LLP.
3. The Cities which execute this Agreement have concluded they have common
interests and expect to assert common claims or defenses in these cases. The Cities have
concluded that it is in their mutual interest to share factual and legal research, including attorney
work product and the opinions of consultants and experts with reference to claims and defenses
including matters of attorney/client, work product and other privileges. It is the intent and
purpose of this Agreement to preserve such privileges.
4. Each City affirms that the joint defense effort undertaken by the Cities in this
case, by virtue of its purpose, operation and use, is attorney work product and may require the
exchange of information, documents or materials subject to the attorney/client, work product,
joint defense, or other privileges.
5. All information, documents, reports, correspondence or other materials, past and
future, whether-written or oral, which a City receives, or has received, from another City with
reference to Plaintiffs' claims against Defendants, and any and all information directly or
indirectly derived therefrom or containing any part thereof(hereinafter referred to collectively as
"Confidential Materials"), shall be subject to the terms of this Agreement.
6. To ensure the protection of the mental impressions, conclusions, opinions, legal
theories and other work product of counsel, as well as privileged or confidential technical
business and financial information, each City agrees that Confidential Materials shall not be
given, shown, made available or communicated in any way to anyone other than (a) appropriate
management personnel of each City; (b) the attorneys of the Cities that are signatories to this
Agreement, and their associated attorneys and paralegals working on such litigation; (c)
independent consultants or experts retained by a City or by the Cities to this Agreement working
on such litigation.
7. No Confidential Material shall be given, shown, made available, or
communicated in any way to the persons to whom such disclosure is authorized by § 6 of this
Agreement until such person shall have read a copy of this Agreement and shall have signed the
acknowledgment thereof. This Agreement shall inure to the benefit of each City and each City
shall take prompt and sufficient steps to enforce this Agreement should the need to do so arise.
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8. The terms of any and all protective orders issued in this case shall apply to all
aspects of the Cities' joint defense effort, but the provisions of this Agreement shall not be
superseded by any protective order requiring lesser obligations of confidentiality.
9. Each City affirms that all Confidential Materials have been or will be exchanged
among the Cities and counsel in confidence pursuant to the joint defense effort, and that all such
Confidential Materials are subject to attorney/client, work product, joint defense, and other
privileges, which privileges may not be waived by any City to this Agreement without the prior
written consent of the City or Cities which produced such Confidential Materials,
10. Nothing herein shall prevent any defendant from settling with Plaintiffs for those
claims brought against it by Plaintiffs and otherwise pursuing rights of indemnity and/or
contribution against any City to this Agreement.
11, Each City agrees that Confidential Material received from the other Cities to this
Agreement shall be used only in connection with the defense of Plaintiffs' claims against
Defendants and shall not be used for any other purpose.
12. Nothing herein is intended to be, or shall be deemed to be, an admission of any
liability on the part of any City or of the existence of facts upon which liability could be based.
13. This Agreement shall take effect upon its execution by any two of the named
Cities, additional named Cities may become a Party to this Agreement by executing the original
of this instrument, or a counterpart thereof. The execution of a counterpart shall be considered
the same as the execution of an original.
14. Nothing herein shall require or obligate any City hereto to divulge or disclose to
or share or exchange with any other City hereto any information. The disclosure contemplated
herein shall at all times be voluntary.
15. Any City may withdraw from this Agreement at any time, but this Agreement
shall remain binding upon remaining Cities and remain binding as to any actions taken while the
Agreement was in effect between executing Cities.
IN WITNESS WHEREOF, the Cities have executed this Agreement on the dates
opposite their respective signatures.
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City of Bettendorf Date
as authorized by the City Council
City of Davenport Date
as authorized by the City Council
City of Sioux City Date
as aut rized by the City Counci
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of V kt loo Date
as authorized by th ity Council
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