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JUL i4 199? <br />Attorney O'Brien advised that we have a policy in our <br />Purchasing Manual that requires all parties involved in the <br />negotiation, development, performance, or administration of County <br />contracts to act in good faith, and since Mr. Schopke has not acted <br />in good faith, the County Attorney's Office is recommending that <br />the Board disqualify Schopke Construction Company as an acceptable <br />bidder on County construction projects. <br />Bruce W. Jacobus, attorney representing Mr. Neil Schopke, <br />pointed out that Mr. Schopke's company has enjoyed an excellent <br />reputation with the County for many years. He has done projects <br />before Phase II of the Jail and has done projects subsequent to the <br />construction of Phase II of the Jail. The Jail has a problem with <br />the electronics, which is known by all of us. On behalf of the <br />County, Attorney O'Brien filed a suit in 1990 against Mr. Schopke <br />for the repair that was made by the County. The County's contract <br />is with Mr.,Schopke. In the contract, Mr. Schopke sued Norman R. <br />Dean, Dean's bonding company, Electronic Control Security, Inc <br />(ECSI), and architect William Frizzell, because Dean's defense is <br />that the design was wrong and that they built it the way Mr. <br />Frizzell said and it wouldn't work. The fact of the matter is that <br />Mr. Schopke's firm is in the middle. Schopke is obligated to the <br />County, but they also have contracts with the other people who are <br />going to have to pay them (Schopke). <br />Attorney Jacobus explained that Assistant County Attorney <br />O'Brien wants Schopke to admit liability in this matter, but he has <br />advised his client to resist admitting liability. There are two <br />parts to liability -- responsibility and how much has to be paid. <br />Attorney O'Brien wants Schopke to admit the first part, which is <br />the liability. In a meeting with Attorney O'Brien and Attorney <br />Vitunac, we said that by admitting liability we may prejudice our <br />claims against the other defendants. If we say by Stipulation that <br />Schopke is at fault, the other defendants may fight and say that it <br />is W. R. Frizzell's fault. Attorney Jacobus advised that they did <br />62 <br />L <br />