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AGENDA ITEM REVIEW FORM |
7.E.
Special City Council Meeting
- Meeting Date:
- 11/21/2023
- 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 authorizing outside counsel to initiate litigation regarding a solid waste truck that the city purchased but has not been in working order. (Kay Marion Macuil, City Attorney)
SUMMARY:
On November 1, 2022, the City of San Luis (“City”) purchased a new 2021 Dennis Eagle Proview, Serial Number 1D92EJGBXMG791056 by Spartan Truck Company, Inc. (“Spartan”) from RWC International, Ltd. (“RWC”) for a total purchase price of $409,331.87. The City was only able to operate the vehicle for about 9 hours. The vehicle never ran well enough to complete one daily route. Spartan Truck picked up the vehicle for repairs on January 9, 2023. We engaged the services of outside counsel, William Richardson. Mr. Richardson advises to file a lawsuit. This item authorizes litigation.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO AUTHORIZE WILLIAM RICHARDSON, UNDER THE TERMS OF HIS ENGAGEMENT LETTER, TO REPRESENT AND DEFEND THE CITY OF SAN LUIS, ITS OFFICIALS, AND EMPLOYEES AND PROSECUTE ANY AND ALL CLAIMS, COUNTERCLAIMS, OR THIRD-PARTY COMPLAINTS AGAINST ANY PERSON OR ENTITY THAT OWE EITHER A DUTY OR DAMAGES TO THE CITY OF SAN LUIS ARISING OUT OF THE PURCHASE OR REPAIRS TO THE 2021 DENNIS EAGLE PROVIEW SOLID WASTE TRUCK DESCRIBED IN THIS AGENDA ITEM.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- Yes
- CITY/STATE/FEDERAL FUNDS:
- City
- TOTAL:
- TBD
- BUDGETED AMOUNT:
- Not Budgeted
- AVAILABLE AMOUNT TO TRANSFER:
- N/A
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- N/A
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
Legal Services is not part of the budget for the Solid Waste Department, the fees for this case will be processed in the City Attorney Department Legal Services account at 100-117-80003 during the fiscal year. The cost incurred in the case during the fiscal year will be allocated to the Solid Waste Department at the end of the fiscal year.