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Item P03AGENDA ITEM SUMMARY Meeting Date: 12/17/2008 - MAR Division: County Attorney Bulk Item: Yes No xx 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 Monroe County v. Bender & Associates, CA K 03-915 for the regularly scheduled BOCC meeting to be held January 28, 2009. 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, the County Administrator, the County Attorney Suzanne Hutton, Chief Assistant County Attorney Bob Shilhnger, special litigation counsel Ira Libanoff, Esq., and a certified court reporter. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: $200 BUDGETED: Yes X No COST TO COUNTY: $200 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No xx AMOUNT PER MONTH Year APPROVED BY: County Atty — DOCUMENTATION: Included DISPOSITION: Revised 2/05 OMB/Purchasing Risk Management Not Required X AGENDA ITEM #