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- M <br />indemnification. In terms of attorney's fees, it is the usual <br />practice and procedure when you settle a case that each party bear <br />their own attorney's fees and costs. Therefore, with Guettler <br />paying his own attorney's fees and paying whatever, if any, <br />consideration towards the monetary settlement of this case when the <br />Commission has a claim pending against it for compensation from <br />Prince for attorney's fees and bid preparation cost, then that <br />obligation has been met by Guettler such that he would recommend, <br />as a part of the settlement, - and it is the requirement obviously <br />of Guettler - that the claim for indemnity against them be dropped. <br />He felt that would be eminently reasonable. We also have filed a <br />cross-claim against Mr. Scurlock individually for indemnification <br />and attorney's fees. Florida Statute Sec. 111.07 would be relevant <br />to our defense of Commissioner Scurlock in his official capacity if <br />he were found to have done something wrong in his individual <br />capacity. For purposes of today, Attorney Reynolds understood <br />there was no agreement reached at mediation relative to <br />Commissioner Scurlock, because Commissioner Scurlock, essentially, <br />under that same Statute has a claim for attorney's fees that he has <br />utilized in his defense of this case. <br />Chairman Eggert asked if that is Commissioner Scurlock <br />individually, and Attorney Reynolds responded that it is <br />individually. He understood that for the time being the <br />indemnification claim against Commissioner Scurlock would remain <br />and we can discuss the liability of dropping that, pursuing that or <br />settling that at another time. His recommendation to the Board is <br />that we pay nothing in settlement; we acknowledge that the <br />individual parties have simply resolved their dispute and issue Mr. <br />Prince the letter as requested by his counsel. Attorney Reynolds <br />felt that accurately reflects the Commission's and Indian River <br />County's position throughout the vote and the defense of this case, <br />and that we should drop the cross-claim for indemnity against <br />Guettler. <br />7 <br />9 1992 86, 1ADE <br />