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Mr. Davis drew attention to the e-mail from Leslie Church (St. Johns River Water <br />Management District), dated Friday, September 18, 2009 at 5:15 p.m. (copy on file) regarding <br />the larger hydraulic dredge pump, justified that his company has enough allocation to run the <br />pump from now through April 12th°and emphasized that there was no issue to modify the permit. <br />Attorney Thalwitzer provided his closing remarks and the reasons why he believed SUI <br />to be the lowest, most responsible, and responsive bidder. He asked the Board to reconsider their <br />decision and award the bid to SUI. <br />Mr. Rowan provided the specifics and rate of the hydraulic dredge pump. He also spoke <br />about the dredging process, the stockpile of fill, and sand grain sizes. <br />Vice Chairman Flescher closed the floor to public comments. <br />Attorney Collins summarized the general statutory rule on competitive bidding. He did <br />not believe the Courts would hold the Board to a literal lowest dollar bidder requirement, that <br />they would allow the Board to consider other factors which include the facilities for carrying out <br />the contract, the previous conduct under other contracts, and the quality of their previous work. <br />He said the rule allows the Board the discretion to not take the low bidder when there are reasons <br />not to, and he told the Board that they have the discretion to approve the appeal and award to the <br />low bidder, or reject the appeal. His advice was to avoid any appearance of arbitrarily rejecting <br />the low bidder, or to reject the appeal. <br />Commissioner O'Bryan reiterated that SUI was not staff's recommended low bidder for <br />the project, and that staff also recommended that if timing was a priority, to award the bid to the <br />.O <br />September 22, 2009 <br />