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- M <br />The three individuals' agreement to settle the case has no bearing <br />on Indian River County whatsoever. The only question was whether <br />or not Mr. Prince in resolving this case could obtain a statement <br />from Indian River County relative to his company being qualified <br />for this particular job. That's all. There is no other <br />contingency associated with the settlement. We are not paying a <br />dime; we are sending an acknowledgment letter of what we have been <br />saying all along, and that's it. <br />Commissioner Wheeler understood that the County has incurred <br />$35,000 in legal fees so far and that we have no avenue to recoup <br />those legal fees. <br />Attorney Reynolds stated that is correct, but every time <br />Indian River County is sued, whether it's an auto accident, a slip <br />and fall, or a conflict of interest, they pay attorney's fees. <br />That's a fact, and those fees cannot be recouped from the suing <br />party. The reason Indian River County has incurred $35,000 in <br />attorney's fees is that Prince Contracting chose to sue Indian <br />River County, and the fees and costs involved are a part of doing <br />business as a government entity. The fact that there might be a <br />derivative claim means you might have a chance at attorney's fees; <br />it is a possibility, but not a probability. Indian River County <br />was sued and had to defend themselves. Attorney Reynolds recalled <br />that it was the defense of this case that brought Guettler in. As <br />the County's counsel, he filed a motion to dismiss the original <br />suit by Prince against Indian River County because they failed to <br />bring in Guettler, who he believed is an indispensable party to <br />this action because they are the ones who were awarded the <br />contract. Basically, for the $35,000 in attorney's fees incurred, <br />the County has an offset by the defense having brought in the <br />indispensable party, Guettler, through defensive motions, to pay <br />whatever is necessary to make this go away. At the present time, <br />you have a wash or are ahead of where you started when Prince <br />brought their original suit, and your defense in this case has <br />15 <br />JUN 2 91992 <br />