(A) Decision of the purchasing agent. All claims by a contractor against the town relating to a contract, except bid protests, shall be submitted in writing to the purchasing agent for a decision. The contractor may request a conference with the purchasing agent on the claim. Claims include, without limitation, disputes arising under a contract, and those based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or recision.
(B) Notice to the contractor of the purchasing agent's decision. The decision of the purchasing agent shall be promptly issued in writing and shall be immediately mailed or otherwise furnished to the contractor. The decision shall state the reasons for the decision reached and shall inform the contractor of its appeal rights under division (C) of this section.
(C) Finality of purchasing agent's decision; contractor's right to appeal. The purchasing agent's decision shall be final and conclusive unless, within five calendar days from the date of receipt of the decision, the contractor mails or otherwise delivers a written appeal to the Town Council or commences an action in a court of competent jurisdiction.
(D) Failure to render timely decision. If the purchasing agent does not issue a written decision regarding any contract controversy within five calendar days after written request for a final decision, or within such longer period as may be agreed upon between the parties, then the aggrieved party may proceed as if an adverse decision had been received.
(Ord. passed 9-19-05)