Agenda

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ARF- 2865

Regular Agenda Item 2. K.

Regular BOS Meeting

Meeting Date:	11/18/2014
Submitted For:	Bryan Chambers
Submitted By:	Bryan Chambers, Deputy County Attorney/Civil Bureau Chief, County Attorney
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

Consideration of the claim of Carson Construction Inc. regarding the Pine Creek Canyon Road Construction Project against Gila County. Pursuant to A.R.S. § 38-431.03(A)(3) and 38-431.03(A)(4), the Board may vote to go into executive session 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 avoid or resolve litigation.

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 $155,019.00.

Evaluation

Gila County needs to respond to the claim.

Conclusion

Because Gila County has received this claim, the Board of Supervisors should direct its attorney as to how to respond to the claim on behalf of Gila County.

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 avoid or resolve litigation.

Suggested Motion

Move to 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 a Notice of Claim from Carson Construction regarding the Pine Creek Canyon Road Construction Project 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 avoid or resolve litigation. Then, after executive session has concluded move to direct the County Attorney's Office to proceed as directed in executive session.
(Bryan Chambers)

Attachments
Claim Part I
Claim Part 2
Letter of 10 27 14