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that won't function, or is the problem due to the fact that ECSI is not getting paid. Administrator Balczun could not say that the equipment was poorly designed and just won't function. Commission Eggert had understood that we were being asked to get a consultant because the specifications weren't adequate, but now we are hearing that there was nothing wrong with the equipment and the sub -subcontractor stonewalled because he was not being paid. Commissioner Wheeler believed that Schopke has been holding a gun to our head through this whole thing, and that there was some improper design in Phase Il. Some equipment was delivered that wouldn't fit in the control room, and they were also slow in delivering which was part of the liquidated damages. However, when we were willing to negotiate that and cut some of that cost, they did not have any problem in getting the equipment here. Commissioner Eggert asked Commissioner Wheeler if he feels the problem with specs is large enough to go out and get this other consultant, and Chairman Scurlock interjected that this consultant would not be an independent third party, but a direct employee of Frizzell Architects. Commissioner Wheeler emphasized that Bufford Goff would be a third party, as far as design and electronics for the Jail is concerned. Frizzell is our architect and should be protecting our interests. That is what we are paying them for, and we are not paying them to protect the interests of the sub -contractor. Chairman Scurlock wished to state for the record that he has some serious questions about Frizzell's ability to represent the county, because he did not think that they are the best that we can have. Discussion ensued regarding Frizzell's responsibility to the County from the very beginning for the improper design of acoustics, no drains on the second floor, no conduits to the APR 19 19 .• 12 KU 72 PAGE 93