(A) Right to dispute. All claims by a contractor against the county relating to an existing contract, except bid protests (see § 33.096), shall be submitted in writing to the Purchasing Agent. The contractor may request a conference with the Purchasing Agent on the claim. Claims include, but are not limited to, disputes arising from such issues as breach of contract, mistake, misrepresentation, or other cause for contract modification and revision.
(B) Authority. The Purchasing Agent is authorized to attempt to settle any dispute. If the dispute or claim is not resolved by mutual agreement, the Purchasing Agent shall promptly issue a decision in writing and it shall be immediately transmitted electronically and/or sent via U.S. mail to the disputing party.
(C) Purchasing agent’s decision final; right to appeal. The Purchasing Agent’s decision shall be final and conclusive unless, within ten calendar days from the date of the written decision (or such other date to which the parties mutually agree), the Chairman of the appropriate standing committee of the County Board, receives a written appeal from the disputing contractor.
(D) Appeal; settlement of monetary claim. The disputing contractor’s appeal will be heard at the next scheduled meeting of the Financial and Administrative Committee at which the disputing contractor will be given a reasonable opportunity to present his or her position. The Purchasing Agent, after consulting with the State’s Attorney and the Director of Finance and Administrative Services, is authorized to make recommendations on the settlement of any monetary claim to the Financial and Administrative Committee.
(E) Decision. Any and all decisions made by either the standing committee and/or Financial and Administrative Committee shall be issued promptly and be final and conclusive.
(1977 Code, § 1:4-1) (Ord., § 9-105, passed 12-8-2009; Ord. passed 2-12-2013; Ord. 21-0923, passed 10-12-2021)