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k00K J 3 PAGE 1 7 <br />The Chairman opened the public hearing and asked if anyone <br />wished to be heard in this matter. <br />Attorney Gary B. Sack, representing Advanced Water <br />Engineering, Inc., in Palm Bay, notified the Board that his client <br />is qualified to do the job specified in Bid -#4100 pursuant to the <br />invitation to bid. His client submitted the lowest bid on the <br />project and the bid was in accord with all requirements. His <br />client's bid was recommended by the Purchasing Department, the <br />Utilities Director, and General Services Director Dean, but for <br />some reason was not accepted. The Board awarded the contract to <br />another bidder with a substantially higher bid. That company was <br />not fully qualified according to the conditions in the bid. Mr. <br />Sack stated that the bid should be awarded to Advanced Water <br />Engineering, Inc. at this time, if that is able to be done. His <br />client is ready to do the work for Indian River County. If that <br />cannot be done, the client would be entitled to an award of damages <br />and they will bring the matter to Court for disposition, but they <br />would prefer to receive the contract. <br />Administrator Chandler responded that bids were presented <br />August 2, 1994, and a determination was made that it served the <br />County's best interest to award the bid to a local company. The <br />project is close to being completed and there is no question that <br />All Rite Water Conditioning was qualified. <br />Commissioner Adams reminded the Board that there were two <br />parts to the bid, and General Services Director Dean further <br />explained that the bid called for a single tank or duplex tank <br />system. Advanced Water Engineering, Inc. bid a single -and a duplex <br />tank system. All Rite Water bid a duplex and a quad tank system in <br />which the duplex price of All Rite matched the single price of <br />Advanced and the quad price of All Rite matched the duplex price of <br />Advanced. The system will be in operation this week. A 4 -tank <br />system was installed to service the jail with no increase in cost <br />of operation. <br />County Attorney Charles Vitunac advised that Section 103.03 of <br />the County Code states the County Commission does not have to <br />accept any bid, nor choose the low bid. The award should go to the <br />bidder in the best overall interest of the County, and the Board is <br />required to state the reason for awarding the bid. The Board made <br />a statement regarding the use of a local bidder, which meets the <br />test of the County's code, and there is no applicable state law. <br />SEPTEMBER 27, 1994 28 <br />M M M <br />