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23 <br /> 1 John Roberts said it is an agreement between two entities, and the filing of some <br /> 2 paperwork. He said it is a simple process, and the architects were surprised that the bid came <br /> 3 in without the filing already in process. <br /> 4 Commissioner Marcoplos asked if there is a reason, from a financial standpoint, why a <br /> 5 business would hold off on the filing until there is a certain need for that relationship. <br /> 6 John Roberts said he is not certain, but the County would not want to award a bid <br /> 7 without the certification, because it would not be a firm, binding bid. <br /> 8 Commissioner Marcoplos asked if the County can accept a bid, with a contingency of <br /> 9 completion of the business relationship, before the work is done. <br /> 10 John Roberts said he has never done it, and is not certain if it can be done legally. <br /> 11 Commissioner Marcoplos said Resolute is a local company with a strong track record, <br /> 12 and, while he understand what happened, he is having a hard time understanding why there is <br /> 13 no flexibility with this question. <br /> 14 Commissioner Dorosin asked if there is a reason why the County could not just rebid the <br /> 15 project, as Resolute would probably get it due to the cost. <br /> 16 John Roberts said one path forward would be to reject all of the bids, and authorize a <br /> 17 rebid for the project. <br /> 18 Commissioner Marcoplos asked if this process has any impact on bidder rights. <br /> 19 John Roberts said the County has the absolute authority, under state law, to reject all <br /> 20 bids, so there is no infringement on the bidder's rights. <br /> 21 Commissioner Marcoplos asked if there are any drawbacks to rejecting all bids. <br /> 22 John Roberts said he is not certain. <br /> 23 Commissioner McKee said it is clear that the BOCC can reject all bids, and call for a re- <br /> 24 bid. He said it is quite clear that the process or requirements were not met, so he sees no <br /> 25 reason not to reject all bids and to put it back out for a bid. <br /> 26 Commissioner Price asked if the BOCC is required to consider the second lowest bid, if <br /> 27 the lowest was rejected due incomplete qualifications. <br /> 28 John Roberts said usually, yes, the next low bidder would be negotiating for the contract. <br /> 29 He said the BOCC has not yet rejected the lowest bidder, so there are no rights to consider. He <br /> 30 said it is within the Board's authority to reject all bids. He reminded the BOCC that anyone can <br /> 31 sue for anything, at any time. <br /> 32 Commissioner Dorosin said the options are to reject all bids and rebid, and Resolute <br /> 33 could rebid while meeting all of the qualifications; or the Board could reject Resolute's bid and <br /> 34 take next highest bid, which is not appealing to anyone because of the significant difference in <br /> 35 cost. He recommended rejecting all bids, and put it back out to allow Resolute to meet the <br /> 36 qualifications, and later accept the lowest bid, which would probably be Resolute. <br /> 37 <br /> 38 A motion was made by Commissioner Dorosin, seconded by Commissioner McKee to <br /> 39 reject all bids and put the project out again for bid. <br /> 40 <br /> 41 Commissioner Marcoplos asked if there is a timeline for this process. <br /> 42 John Roberts said it took 2-3 weeks last time. <br /> 43 Commissioner Price asked if the other applicants would be notified. <br /> 44 John Roberts said yes. <br /> 45 <br /> 46 VOTE: UNANIMOUS <br /> 47 <br /> 48 a. Minutes <br /> 49 The Board will consider correcting and/or approving the minutes from October 1 and 3, 2019 as <br /> 50 submitted by the Clerk to the Board. <br /> 51 <br />