7/14/1992 - Laserfiche WebLink

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r "The Defendant Schopke would affirmatively assert that the Plaintiff entered into a contract directly with Norman K. Dean & Associates, Inc., or ESCI or both, for substantial modification to the electronics control system, and that the alleges problems are associated with the modification and the Plaintiff should look directly to Norman K. Dean & Associates, Inc., for relief." "The Defendant Schopke would affirmatively assert that the Plaintiff did not properly notify Schopke of the alleged defects and problems with the electronics control system and did not permit Schopke an opportunity to adequately provide repairs to it in a timely manner . " "The Defendant Schopke would affirmatively assert that the design of the control system was made by the Plaintiff's agent, W. R. Frizzell Architects, Inc., and that any alleged problems are due to a defective design by the Plaintiff's agent, and are not a result of any faulty workmanship in installation." - Schopke files third -party action against Norman K. Dean, Integon, ECSI and Frizzell Architects. - Third -party defendants seek dismissal, the court denies their motion. The 4th DCA affirms. - December 5, 1991 - I write and request a stipulation as to liability only, damages being a separate matter. - January 22, 1992 - Bruce Jacobus, Attorney for Schopke, informs me by telephone that he cannot agree to stipulate. The attitude exhibited by Schopke in this matter is totally contrary to the County's requirement of good faith which reads as follows from Purchasing Manual. 1.1.04 REQUIREMENT OF GOOD FAITH These Policies require all parties involved in the negotiation, development, performance, or administration of County contracts to act in good faith. For Schopke to , assert that the County "did not properly notify Schopke of the alleged .defects and problems... and did not permit Schopke and opportunity to adequately provide repairs to it in a timely manner" is blatantly. contrary to what transpired before this Board. It is a total lack of good faith. In view of the foregoing, it is recommended that Schopke Construction and Engineering, Inc., and Neil Schopke, President, be disqualified forever from being a bidder, contractor, or subcontractor on any Indian River County Projects. This disqualification to also apply to any bids currently under consideration. A letter notice of disqualification is attached for approval. TPO/sb 61 lndim Fhva Ca Approved Date Admin 2- 1.34,7 Legal PC - If- 92 Budgel -(a_ Dept Z-�i- sz Risk Mgr.