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DISCUSSION: <br />It has been necessary for PW to act on contracts in the past without the benefit of legal <br />review, when said contract review has not been timely. PW contracting is generally time <br />sensitive owing to state public works contracting requirements. There are prescribed <br />timelines from bid opening to notice of award and construction timelines are generally <br />impacted by "work in water" windows as stipulated in state and federal regulations. <br />Proving the Auditor and PA are unwilling to amend the policy, it may be prudent to <br />lobby for a performance criteria requirement on PA review time. The alternative is <br />affirming the Board of County Commissioners willingness to request the PA defend the <br />Director — a service currently available to all Director's facing lawsuits outside of the <br />county. <br />PW anticipates adverse impacts to our public works contracts resulting from the policy in <br />the absence of mandatory performance from the PA. Few Directors are expected to be <br />willing to risk contract authorization in the absence of PA review even at the expense of <br />program and construction delays. <br />FISCAL IMPACTS: <br />Undetermined at this time. <br />ATTACHMENTS: <br />None. <br />Page 2 of 2 <br />Public Works "Work Session Staff Report"_ 2023 <br />