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Item U9 AUG-13-03 16,52 FROH,HONROE COUNTY ATTY OFFICE lD'305~S23516 I-'AlOr. J / J BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY ADD ON Meeting Dale: Kl20/03 Division: County Attornev Bulk Item: Yes JS.L.. No Department: CO\llltv Attorney AGENDA ITEM WORDING: Authorization to seek anomey's fees from any and all sources as a result of dismissal of 0 &: J lndustri~s, Inc. v. Monroe County, CA P 03-543. ITEM BACKGROUND: Judge Garcia's order dismissing D & J Industries' suit against the County became effective on August 7, 2003. Under the Rules ofCiyil Procedure, the County, as the p~yailiag pany, has 30 days from dismissal to move for attorney's fees. The suit WIlS brought in )999 in protest of the County's award oCa roofing contract at the MlU'lIlhon Government AlUlex to another bidder. 0 &. J has sougllt cen. review in Circuit Court. Judge Garcill dismissed the swt due lack of pro$ecution by D & J. Either the PlaintiffD &: J IndustriL1s or ils attorney Gus Crowell, or both, may be liable to the County for attorney's fees of an. as yet, undetermined amOWlt. This item has been added on bec:ause of the 30~day deadline to act, which expires prior to the September meeting. PREVIOUS RELEVANT BOCe ACTION: None CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approwat TOTAL COST: BUDGETED: Yes _ No_ COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: YL!S xx No AMOUNT PER MONTH_ Yair APPROVED BY: COWtty Any _ OMB/Purdwing _ Risk Management_ DmSION DIREC1'OR APPROVAL, ~ !)8)/i!>JD ') J. R. Collins f DOCUMENTATION: Included _ To Follow_ Not Required_ AGENDAITEM#~ DISPOSITION: Revised 1/03