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ARF- 3591

Executive Session Item 7. F.

Regular BOS Meeting

Meeting Date:	02/02/2016
Submitted For:	Jefferson Dalton	Submitted By:	Athena Gooding, Legal Secretary, Lead
Department:	County Attorney
Fiscal Year:	2015	Budgeted?:	No
Contract Dates Begin & End:	January 2012-January 2013	Grant?:	No
Matching Requirement?:	No	Fund?:	Renewal

Information

Request/Subject

Proposed Settlement Agreement for Carson Construction Inc. v. Gila County, CV 201500006, regarding the Pine Creek Canyon Road Construction Project.

Background Information

Carson Construction Inc. received the contract to complete the Pine Creek Canyon Road Construction Project in 2012. Carson claims that it was delayed in the project because of issues involving utility easements which caused it to idle equipment and incur financial losses in the amount of $155,019.

On November 18, 2014, the Board of Supervisors met in executive session regarding a Notice of Claim filed upon the County by Carson Construction Inc. After reconvening into the Board of Supervisors' Regular Meeting, the Board voted to continue to discuss this issue at the December 2, 2014, Regular Meeting, and at that time it would consider voting to go into executive session.

On December 2, 2014, the Board met again in executive session regarding this issue and after reconvening the Regular Meeting, the Board directed the County Attorney's Office to proceed as directed in the executive session.

On March 3, 2015, the Board met again in executive session regarding this issue and after reconvening the Regular Meeting, the Board directed the County Attorney's Office to proceed as directed in the executive session.

On January 5, 2016, the Board met again in executive session regarding this issue and after reconvening the Regular Meeting, the Board directed the County Attorney's Office to proceed as directed in the executive session.

Evaluation

Gila County needs to formally approve a Settlement Agreement.

Conclusion

Because Gila County has received this claim and have agreed to a settlement, the Board of Supervisors should formally approve the Settlement Agreement.

Recommendation

The Board of Supervisors should go into executive session pursuant to A.R.S. § 38-431.03(A)(3) and 38-431.03(A)(4) in order to receive legal advice from its attorney regarding this item and to discuss or consult with the attorney of the public body in order to consider its position and instruct its attorney regarding the public body's position in order to settle this case.

Suggested Motion

Information/Discussion/Action to vote to go into executive session pursuant to A.R.S. § 38-431.03(A)(3) and 38-431.03(A)(4) regarding a proposed Settlement Agreement for Carson Construction Inc. v. Gila County, CV 201500006, regarding the Pine Creek Canyon Road Construction Project. After the Regular Meeting has been reconvened, move to direct the County Attorney's Office to proceed as directed in the executive session regarding this agenda item. (Jeff Dalton)

Attachments
No file(s) attached.