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AGENDA ITEM REVIEW FORM
11.B.
Regular City Council Meeting
Meeting Date:
08/22/2018
Department Head:
Kay Macuil
Submitted By:
Kay Macuil, City Attorney, Attorney's Office
Action Requested:
Motion

ITEM:

Discussion and possible action on any and all matters regarding legal services for Well Site #7 issues on the manganese filtration system.  (Kay Marion Macuil, City Attorney and Eulogio Vera, Director of Public Works)

SUMMARY:

As explained in the prior agenda item, there are disputes on the manganese filtration system at Well Site #7.  Staff has retained Attorney Michael Woodlock of the Law Firm of Gust Rosenfeld who works in the field construction litigation.  He is a former Chair of the Executive Council of the State Bar of Arizona Construction Law Section.  He has the highest rating an attorney can achieve (AV) by Matrindale-Hubbell.   Mr. Woodlock has been working diligently on this issue since November of 2017 and will soon reach the $15,000.00 cap on staff authorization.

Under City Code-Purchasing Section 36.08, professional services in excess of $15,000.00 must be approved by City Council.  Staff requests authorization to use up to $30,000.00 towards legal services on resolving this issue.

RECOMMENDATION / SUGGESTED MOTION:

I MOVE TO APPROVE $30,000.00 FOR LEGAL SERVICES ON THE MANGANESE FILTRATION SYSTEM AT WELL SITE 7.

Fiscal Impact

IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
Yes
CITY/STATE/FEDERAL FUNDS:
City
TOTAL:
$30,000.00
BUDGETED AMOUNT:
Yes
AVAILABLE AMOUNT TO TRANSFER:
N/A
ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
Contractual Services GL# 300-302-80000

FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):

This is budgeted in Public Works.