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1 <br /> the argument involving which pump the bid offer included ( Sulzer or Hydroflo) , and the <br /> consideration of using Vocelle and Berg to represent the County in a lawsuit if settlement is not <br /> reached . Attorney Polackwich conveyed that GCNA ' s settlement offer of $ 35 , 000 only <br /> represents about 35 % of the potential recovery ; therefore , recommending the Board reject the bid <br /> offer, make a counter offer of 50% of the bid bond amount, and if the counter offer is rejected , <br /> execute the Contingent Fee Agreement with Vocelle and Berg on a contingent basis . <br /> Questions and discussion ensued regarding the risk/reward factor, and staff' s direction <br /> should H&D file bankruptcy . <br /> MOTION WAS MADE by Commissioner Davis , <br /> SECONDED by Commissioner Flescher, to approve <br /> staff' s recommendation . <br /> Vice Chairman Wheeler believed that the $ 35 , 000 settlement offer was being put at risk <br /> to get an additional $ 25 , 000 . <br /> The Chairman CALLED THE QUESTION and the <br /> Motion carried, by a vote of 4 - 1 (Vice Chairman Wheeler <br /> opposed) . The Board approved staff' s recommendation to <br /> reject the bid offer, make a counter offer of 50 % of the bid <br /> bond amount ($ 50 , 513 ) , and should the counter offer not <br /> be accepted, the Chairman will execute the Contingent Fee <br /> Agreement with Vocelle and Berg, all as recommended in <br /> the memorandum dated March 29 , 2011 . <br /> AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD <br /> April 5 , 2011 18 <br />