Item Q08
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 7/15/09 - KW Division: County Attorney
Bulk Item: Yes - No X Staff Contact Person: Bob Shillinger. #3470
AGENDA ITEM WORDING:
Approval to schedule an Attorney-Client Closed Session of the Board of County Commissioners in the
matter of Tropex Construction Service, Inc. vs. Monroe County, CA P 06-44 to be held at the regularly
scheduled meeting in Key Largo on August 19, 2009.
ITEM BACKGROUND: This suit was filed by the original general contractor for the Tavernier Fire
Station which walked off the job prior to the commencement of construction. The County has filed a
counterclaim alleging breach of contract and included the General Contractor's surety as an additional
defendant. In addition to the case between the County and Tropex, Tropex is in litigation with its
surety. As part of a continued effort to settle both cases, a mediation session is scheduled for August
17,2009. The mediation will also encompass issues in dispute between Tropex and its surety. If that
mediation session produces a proposed settlement agreement and the Board desires to discuss that
proposal in a closed session, that closed session would held during the August 19, 2009 BOCC meeting.
Legal staff desires direction from the Board. Per F. S. 286.011(8), the subject matter of the meeting
shall be confined to settlement negotiations or strategy sessions related to litigation expenditures.
Present at the meeting will be the Commissioners, County Administrator Roman Gastesi, County
Attorney Suzanne Hutton, Chief Assistant County Attorney Bob Shillinger, special litigation counsel Ira
Libanoff, Esq. and a certified Court Reporter.
PREVIOUS RELEVANT BOCC ACTION: n/a
CONTRACTIAGREEMENTCHANGES: NIA
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: Est. $200 INDffiECT COST: BUDGETED: Yes--X- -
No
-
COST TO COUNTY: Est. $200 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes - No X AMOUNT PER MONTH - Year
-
APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management _
DOCUMENTATION: Included - Not Required X
DISPOSITION: .. AGENDA ITEM #
Revised 2/05