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14.D. 2. LETTER OF INTENT <br />Commissioner O'Bryan expressed confidence that the Sector 3 Beach Renourishment <br />Project would be constructed this year, and felt that the upland sand suppliers would now have to <br />spend significant amounts of money to begin processing and stockpiling the required sand, so the <br />project can commence right after the County receives its permit from the Florida Department of <br />Environmental Protection (FDEP). Since Ranger Construction Industries, Inc. (the contractor <br />approved by the Board for the project), has no formal written commitment from the <br />Commission, he wondered if the Board could issue some type of Letter of Intent to Ranger that <br />codifies the Contract Award in writing, contingent upon approval of the permit modification to <br />use the upland sand source. Commissioner O'Bryan noted that Ranger Construction could take <br />the proposed Letter of Intent to their bank or lender. <br />Attorney Collins saw no problem with issuing a Letter of Intent, provided the language <br />parallels that already in the bid documents, that the County would enter into a contract within <br />five (5) days after the FDEP issues the permit. <br />Bob Schafer, Vice President of Ranger Construction, affirmed that the bid documents <br />were written such that had the offshore contractor been chosen, the County would have already <br />had to write them a contract, even though the permit was not yet in hand. He asked Attorney <br />Collins to review the language in the bid documents to see if a contract, pending permit approval, <br />could be written to Ranger at this point. <br />Administrator Baird suggested that Attorney Collins research this matter, and bring it <br />back before the Board at the November 10, 2009 County Commission meeting. <br />A brief discussion ensued during which staff and Commissioners considered whether to <br />have Attorney Collins draft the Letter of Intent now, or to bring it back for Board approval next <br />week. <br />46 <br />November 3, 2009 <br />