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Item U02 BOARD OF COUNTY COMMISSIONERS Agenda Item Summary Meeting Date May 21, 2003 Division County Attorney AGENDA ITEM WORDING Request for authority to institute legal action at a time to be determined by the County Attorney relative to the manufacture and installation of the windows at the Gato Building which do not meet the wind load and water proofing standards of the specifications. In addition to the County not getting what it paid for, the DCA funds that are available to partially reimburse the County for the Gato Building renovation will not be paid until the window deficiencies are corrected. ITEM BACKGROUND In the fall of 2001 the staff became aware that the windows did not meet the specifications. Since that time there have been negotiations among all parties as to how to get the County the windows it paid for but to no avail. Given the unfortunate failure to negotiate a settlement, it appears that litigation will be necessary to assure the County gets what it paid for and to allow DCA to partially reimburse the County for the Gato Building's renovation costs. The money being held by DCA for the project are in excess of $600,000. PREVIOUS RELEVANT BOCC ACTION CONTRACT/AGREEMENTCHANGES N/A STAFF RECOMMENDATIONS Approval. TOTAL COST COST TO COUNlY BUDGETED Yes No SOURCE OF FUNDS APPROVED BY: County Attorney - OMB/Purchasing 0 Risk Management 0 DIVISION DIRECTORAPPROV~ ~ ! J. R.COLUNS DOCUMENTATION: Included 0 To Follow 0 Not Required 0 AGENDA ITEM # ?/d-