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I am one member of a five person board. The opinions I express on this forum are mine only, and do not necessarily reflect the views or opinions of the Escambia County Staff, Administrators, Employees, or anyone else associated with Escambia County Florida. I am interested in establishing this blog as a means of additional transparency to the public, outreach to the community, and information dissemination to all who choose to look. Feedback is welcome, but because public participation is equally encouraged, appropriate language and decorum is mandatory. Although this is not my campaign site for re-election--sometimes campaign related information will be discussed, therefore in an abundance of caution I add the following : Political Advertisement Paid for and Approved by Jeff Bergosh, Republican, for Escambia County Commissioner District 1








Thursday, November 2, 2023

News Journal Spin-Job over Jail Settlement Ignores Important Aspects of the Settlement

A Settlement was reached to ensure timely resolution to the multiple latent defects that have plagued the Escambia County Jail since it's opening two years ago.

The salacious headline in this morning's Pensacola News Journal is misleading at best.  And that is me being polite.

It's actually just another garden-variety hatchet-piece that is designed to discredit the county.  There was a settlement, they know this apparently through a records request they made. 

But how about telling both sides?  To read this tripe is to believe we, the county, are 100% at fault and LOST in court -----which is NOT TRUE.

Here's the truth.

There was legitimate disagreement between the contractor and the county on completion days, project days, and project delays due to the Pandemic and the disrupted supply chain and what monies from these factors were owed the contractor, and this was a part of what was settled, this is true.

But the main reason this settlement was negotiated was to memorialize the BCC's intent to finally get all the multiple latent defects at the jail addressed, once and for all.  We have had a series of problems with the jail ever since we occupied it, and an inspection conducted and documented at the county's behest was reduced to a phone book thick binder of such problems that need to be fixed and the settlement comes with a stipulation and mechanism to do this expeditiously with terms that are not to be disclosed.  The PNJ gives one bullet-point to this critically important FACT out of their entire  "National Enquirer" style headline and gotcha piece.

Par for the course with them--they'll never resist taking a shot at this BCC--whom they hate.

Also, not reported in the piece is that the lion's share of the money that was paid September 8th was money from the construction contract that we were holding all along--money that was always  to be paid to the contractor upon successful completion of the project.  The retainage.  PNJ ought to figure out what that is and what it means.  Instead they mislead the reader with the idea this is all new money, over the top, which it is not.

They also intimate the county is responsible for payment of the prime contractor's subcontracts on the project---which is flat-out untrue.  That responsibility is, was, and always has been the sole responsibility of the prime contractor.  

The balance of the money paid in this deal will come from other non-taxpayer funds, as the county continues to pursue restitution and a jury trial to accomplish this against other parties is scheduled to commence December 4-8 of 2023.  

So the headline and story indicates we LOST a lawsuit and we stiffed local subs----which is all untrue.  

This is and was a mediatied settlement that BCC has worked on crafting for two years between us and our prime contractor and the jail project.  

The objective is and was to get the jail completed and operating functionally.  

And with this agreement we are on the way to doing this.  

Finally.

Tell the WHOLE truth, PNJ.

12 comments:

Anonymous said...

If true, the County having to pay 2 million in legal fees seems like a loss to me.

Anonymous said...

It’s a Loss to anyone, except for the district one commissioner it seems to favor, fuzzy math

Tom Jardine said...

Jeff, your claims have merit. And the $2 million in legal fees is a tiny fraction of the $142 million project.

What I want to know is:

Did the citizens of Escambia County get our money’s worth?

Did we get a top-quality, modern jail that will last for decades without any major problems?

Did you five commissioners each tour that facility regularly throughout the construction process?

Did you commissioners provide “hands-on” professional representation to the citizens of Escambia County?

Mel Pino said...

As usual, Rick Outzen is mopping up on the Mollye Barrows's inaccuracies, falsehoods, and shoddy/shady sources. They sure did grab up a willing ringer when they brought her on board to unleash as a political weapon.

"Daily News: PNJ story modified"

https://ricksblog.biz/daily-news-pnj-story-modified/

Eric Sharplin said...

It called the FUD factor fear uncertainty doubt. I noticed at the BOCC after public forum she was listening very close as the Lady Attorney who lives on Baublits Dr. talked about the parking on the street was a concern . I did point out that the one person allows the contractors to park in front of they house. The person responded and said thats no excuse. I think have a meeting where all sides can voice their opinion . I can only hope it does not turn into a shouting match.

Anonymous said...

“Long legal battle settled -Lawsuit over jail payment ends with Escambia paying millions”

There is nothing misleading about that headline nor nothing within the story was misleading. It’s clear there was a disagreement concerning the number of days over it took for substantial completion. It’s perfectly clear the $3.4 million is money withheld and is not additional money. With the county withholding that money and a looming legal battle WGI-C had the right not to address items on the punch list which I’m sure was long. Nothing in the article implies the county was responsible for paying the subcontractors. WGI-C only stated the money withheld was to pay those subcontractors. In my opinion WGI-C should have made those payments and then recouped it from the county.

What I haven’t seen is the agreed number of days over it took to get to substantial completion. If the county is paying the full amount withheld plus legal fees, and that’s how I read it, then the county was wrong.

Anonymous said...

As the lapdog for the BOCC MP please share all her inaccuracies in Mollye’s article. The check total(s) are accurate in her story and not you BFF Outzen’s

Tom Jardine said...

Rick Outzen, once again, has demonstrated that his propaganda is a colossal waste of time.

I made the mistake of visiting Rick’s “news” site. Once there, I was immediately confronted with an offensive press photo of Steven Barry smiling as he accepted the chairmanship.

As usual, Steven Barry is constantly embroiled in scandal as he shamelessly seeks a fourth term, ostensibly, to further enrich himself to the detriment of the great citizens of Escambia County who he is supposed to serve.

The truth is that Steven Barry orchestrated another coup in order to wrestle the chairmanship away from newcomer, Mike Kohler. Apparently, Mr. Barry wanted an additional opportunity to serve as speaker; so he cut the line in front of the great citizens of district two who have not held the Chair since 2017.

Then, Mr. Barry, who happily engages in text messaging with the privileged class DURING Commission votes; limited the citizens’ right to address their elected representatives at Public Forum to two measly minutes. Absolutely shameless.

Of course, Rick Outzen failed to challenge Mr. Barry. Good ol’ Rick used his irrelevant blog to congratulate Steven Barry on his coup.

Rick continues to do his utmost to drive our news media down to a never-before-achieved nadir.

A trustworthy free Press is supposed to serve as the foundation of our great democracy. Rick shames that concept.

Anonymous said...

Still a little Loni revenge it seems.

Eric Sharplin said...

Tom Jardine it amazes me how you attack the commissioners on this blog site. I noticed when you spoke at Public forum you never said Im curious what are you afraid of. I know its easier to hide behind your keyboard. Baublits Dr parking I can see a safety hazard letting the contractor park in front of they house Im sorry it does not make it right. The majority have said they want the no parking enforced. Im sorry in Country the Majority rules. The minority has the right to gripe. We must follow the law thats on the books 2 commissioners already its not going to be changed.

Anonymous said...

Eric S, what?

Anonymous said...

How many Escambia county attorneys does it take to seek outside council? 1 to never say no, and 5 more on payroll. And $2million growing on a pear tree.

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