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AGENDA ITEM REVIEW FORM |
10.
Special City Council Meeting
- Meeting Date:
- 06/25/2019
- Department Head:
- Kay Macuil
- Submitted By:
- Kay Macuil, City Attorney, Attorney's Office
Action Requested:
Motion
ITEM:
DISCUSSION AND POSSIBLE ACTION ITEM:
Discussion and possible action on any and all matters regarding the approval and ratification to engage outside counsel to litigate Yuma County Superior Court Civil Case No. S1400 CV 2019 00321. (City Council and Kay Marion Macuil, City Attorney)
Discussion and possible action on any and all matters regarding the approval and ratification to engage outside counsel to litigate Yuma County Superior Court Civil Case No. S1400 CV 2019 00321. (City Council and Kay Marion Macuil, City Attorney)
SUMMARY:
On May 22, 2019, IWS served the City of San Luis with a civil lawsuit regarding the manganese filtration project for Wellsite No. 7. This item is to ratify the answer and counterclaim filed by Outside Counsel Mike Woodlock (who has been working the case since November of 2017) and to authorize future representation on the city's behalf.
RECOMMENDATION / SUGGESTED MOTION:
I move to ratify and approve the engagement of Gust Rosenfeld Law Firm under the terms of the November 28, 2017 engagement letter, to represent and defend the City of San Luis and its officials and employees in any and all matters in the civil action Case No. S1400 CV 2019 00321, and to ratify the filing of the city's answer and counter-claim filed June 13, 2019 and the City's third-party complaint filed June 24, 2019, to represent and prosecute any and all counterclaims, and 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 manganese filtration project for Wellsite No. 7, including but not limited to actions against:
Integrated Water Systems;
Tres Rios Consulting Engineers;
Engineered With Layton;
Darcor and Associates;
Jeff Bower;
any community of marriage of any named individual;
The Guarantee Company of North Amercia, USA Surety;
Constructors Bonding, Inc. and or
any individual associated with the forgoing entities who bears legal responsibility.
Integrated Water Systems;
Tres Rios Consulting Engineers;
Engineered With Layton;
Darcor and Associates;
Jeff Bower;
any community of marriage of any named individual;
The Guarantee Company of North Amercia, USA Surety;
Constructors Bonding, Inc. and or
any individual associated with the forgoing entities who bears legal responsibility.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- Yes
- CITY/STATE/FEDERAL FUNDS:
- City
- TOTAL:
- $19,330.75
- BUDGETED AMOUNT:
- $19,330.75 FY 2020 Budget
- AVAILABLE AMOUNT TO TRANSFER:
- N/A
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- 100-117-80003 Legal Services $19,330.75FY 2020
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
On August 22, 2018, City Council approved a budget of $30,000 for this issue. There is $19,330.75 remaining in the budget to carry over into the 2020 fiscal year.