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Item A1 BOARD OF COUNTI' COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:__.-,,~.i1~J05~_ Division: County Attorney "'* 8:30 A.M. CLOSED ATTOR"lEY-CLlENT SESSION ...... Bulk hem: Yes No _)g...,._. Depaltment: County Attornc;y AGENDA ITEM \VORDING: The Board win hold a Closed Attorney-Client Session of the BOCC on May 18,2005 at 8:30 a.m to discuss settlement negotiations Of strategy sessions related to litigation expenditures in the case of Monroe COtltll)/ "- Post, Huckley, Schuh & Jernigan. ITEM BACKGROUND: The County sued its fonner cnginl,,'ering firm fDf profcssional malpractice as a result of erroneous cost estimates that Post Buckley prepared with respect to improvements to Card Sound Road. The County had relied on those estimates in its deciSion to issue bonds to tinanee the rcpairs. The actual bids carne 111 substantially lower than the cost estimates which resulted in the bouds being issued unnecessanly. lluough this suit. the County is attempting to recoup the costs it erroneously expended as a result of Post Buckley's error. This mattcr '\-..as tried to a verdict 10 fav"Of of the Coun~' in October 200 I. That verdict was rcversed 011 appeal due to an erroneous jury instructIOn. In August of 2003. he Third DCA remandcd the case for a retrial. which is scheduled for June 6,200510 Key West. On April 4, 2005, Judge Payne denitXi Post Buckley's latest motion to dismiss. Speclallitigation counsel WaY11c Smith adVised County statT to request the special sesSIOn prior to the June 6, 2005 trial date in the event settlement discussions an: productive. The ani)' cost involved in a closed session would be the advertising costs and court reporter's appearance and transcription fee. PREVIOUS RELEVANT DaCC ACTION: The Board discussed this case at various times during its 10 year history and autborized the payment of attornC!"s fees as well as trial and appellate costs. On April 20, 2005, the Board approved the scheduling ofa Closed Attome)'.Client Session of the HaeC on May 18,2005. CONTRACT/AGREEMENT CHANGES: N/A STAF.F RECOMMENDATIONS: Approval TOTAL COST: @,$10000 BUDGETED: Yes..2ili- No COST TO COUNTY: @$IOO.OO SOURCE OF FUNDS: REVENUE PRODUCING: Yes No _~_ AMOUNT PER MONTH Year APPROVED BY: C ounly At~ OMBIPurchasing __ Risk Mana~ement __ DIVISION DIRECTOR APPROVAL: ,/]I)L.i?-&tt( (j~ d 2-9/0" ___ ~OHN R. COLLINS, C UNTY ATTORNEY DOCUMENTATION: Included Not Required XX DISPOSITION: AGENDA ITEM # Revised 2105 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY NOTICE OF ATTORNEY-CLIENT CLOSED SESSION The Board of County Commissioners of Monroe County, Florida, pursuant to Section 286.011(8), Florida Statutes will hold a Closed Attorney-Client Session during a public meeting to be held on Wednesday. Mav 18. 2005. at 8:30 A.M.. at the Key Largo Library, Tradewinds Shopping Center, 101485 Overseas Highway, Mile Marker 101, Key Largo, Florida_ Those persons attending the Closed Session will be the County Commissioners, County Administrator Thomas 1. Willi, County Attorney John R. Collins, Assistant County Attorney Bob Shillinger, litigation counsel for the County Wayne Smith, Esq., and a certified court reponer. The purpose of the Closed Session concerns pending litigation in the case of Monroe Countv I'. Post, Buckler, Schuh & Jernigal~ in which the County is presently a party. At the end of this Closed Session, the public portion of the meeting will be opened. Dated at Key West, Florida, this 20th day of April, 2005. Ot1ice of the County Attorney pJ.lbl icatiott.91l1es Reporter Keynoter Key We~t Citizen 5/6/2005 517/2005 5/8/2005 cc: Kathy Fegers Monroe County Court Reporters