Item G2
* CLOSED SESSION 2:20 P.M. *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMJ\.IARY
Meeting Date:
1/28/2009 - KW
Division:
County Attorney
Bulk Item: Yes
No~
Staff Contact Person: Bob Shillinger #3470
AGENDA ITEM WORDING:
An Attorney-Client Closed Session of the Board of County Commissioners in the matter of Monroe
County v. Bender & Associates, CA K 03-915.
ITEM BACKGROUND:
This case involves the defective windows which were originally installed in the Gato Building during the
rehabilitation project that converted that building to an administration building. Because the original
windows leaked and did not pass hurricane impact tests, the County was forced to replace the windows
or face a loss of grant funding. After replacing the defective windows, the County sued the Architect,
the General Contractor and several subs and suppliers to recover additional costs.
Legal staff desires direction from the Board. Pursuant to 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, the 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:
12/17/08 BOCC approved Closed Session for 1/28/09 at 2:20 p.m. in Key West, FL
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: $200
INDIRECT COST:
BUDGETED: Yes X No
COST TO COUNTY:
$200
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
AMOUNT PER MONTH_ Year
No xx
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included
Not Required X
DISPOSITION:
Revised 2/05
AGENDA ITEM #