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In view of ECSI's financial position, they will need 90 days to make <br />their contribution. If they fail to make their contribution within the <br />time specified then the settlement is null and void with respect to all <br />parties and the case will continue. The reason Schopke's contribution <br />is only $20,000, even though he is the reason ECSI was on the job, is <br />that Schopke is fully protected and indemnified and would in all <br />likelihood never have to pay any money. <br />In view of the foregoing, it is my recommendation that the BCC accept <br />the $155,000 as full settlement under the conditions set forth herein. <br />Attorney Vitunac additionally reported the following: <br />TO: Charles P. Vitunac, County Attorney <br />FROM: Terrence P. O'Brien, Assistant County Attorney <br />DATE: October 26, 1992 <br />RE: INDIAN RIVER COUNTY V. SCHOPKE <br />Cost to County for Detention Electronics: <br />Blevins contract repair and install $343,000 <br />Dean's contract with SCSI + 95,000 <br />TOTAL $438,000 <br />This $438,000 represents the total amount the County has in the <br />Detention Electronics not counting ancillary costs such as staff time <br />and any additional fees paid to the architect. <br />The SCSI bid of $95,000 was extremely low and resulted in substandard <br />work using inferior and used equipment. The estimated true value of the <br />currently installed system is between $240,000 to $300,000. (The <br />Blevins price of $343,000 included removal of the existing system so <br />that figure is higher than the true value of the system.) <br />LOW ESTIMATE <br />County Cost $438,000 <br />Estimated Value of Installation - 240,000 <br />County Damages $198,000 <br />Settlement 155,000 <br />Net County Loss - $ 43,000 <br />HIGH ESTIMATE <br />$438,000 <br />- 300,000 <br />$138,000 <br />155,000 <br />+ $ 17,000 <br />ON MOTION by Commissioner Scurlock, SECONDED by <br />Commissioner Bowman, the Board unanimously (4-0, <br />Commissioner Bird being absent) agreed to accept <br />$155,000.00 in settlement of the lawsuit against <br />Schopke Construction, as recommended by staff. <br />SETTLEMENT AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD <br />37 <br />OCT <br />71992 "DW, 8 7r� � <br />