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ARF- 3017

Regular Agenda Item 4. F.

Regular BOS Meeting

Meeting Date:	03/03/2015
Submitted For:	Bryan Chambers
Submitted By:	Marian Sheppard, Clerk of the Board, Clerk of the Board of Supervisors
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 lawsuit Carson Construction Inc. v. Gila County, CV 201500006 regarding the Pine Creek Canyon Road Construction Project. 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.

On November 18, 2014, the Board of Supervisors met in Executive Session regarding this issue. After reconvening into the BOS Regular Meeting, the Board voted to continue this issue to the December 2, 2014, Regular Meeting, and at that time it will consider voting to go into Executive Session to discuss this issue.

On December 2, 2014, the Board voted to deny Carson's claim.

On January 15, 2014, Carson filed an action in Gila County Superior Court making the same allegations that it previously made in its Claim.

Evaluation

Gila County needs to file an Answer to the Complaint.

Conclusion

Because Gila County has been served this Complaint, the Board of Supervisors should direct its attorney as to how to Answer the Complaint 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 Complaint from Carson Construction (CV 201500006) 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
Denial Letter
Complaint