§ 2-26-63. Contract claims.

(a)

Notice of contract claims. All claims or disputes by a contractor against the county relating to an executed or executory contract, except bid protests, including, without limitation, breach of contract, mistake, misrepresentation, or other such claims or disputes shall be submitted in writing to the purchasing official for initial informal review and determination.

(b)

Filing of a formal contract claim.

(1)

How and when to file. Contract claims not able to be informally resolved by the purchasing official shall be made in writing to the board of county commissioners, in duplicate, within the earlier of sixty (60) calendar days after the last date on which the contractor provided any goods or services required by the contract or after the date on which the contractor knew or should have known such claim existed.

(2)

Subject of claim. Contractors who have standing to file a claim after exhausting the express remedies of the executed contract between the contractor and the county may detail specific claims, each with supporting documentation.

(3)

Form. To facilitate handling of contract claims, the envelope shall be labeled "Contract Claim." The written contract claim shall include at a minimum the following:

a.

The name and address of the contractor filing the contract claim and name and address of any legal counsel if such exists;

b.

Appropriate identification of each specific item of contract claim with written proof of completion of the review of the subject or subjects of the claim as specified in the executed contract between the contractor and the county;

c.

Reasonable identification of the provision(s) of the contract between Manatee County and the contractor, this chapter or other applicable law, which may be applied to the specific items of this contract claim;

d.

Supporting exhibits, evidence, or documents to substantiate any subject or item of this contract claim.

(c)

Requested information. During the initial review stage provided for in subsection (a) above, the contractor filing the contract claim shall supply any additional information requested by the purchasing official within the time period set forth in the request. Failure of any party to comply may result in resolution of the claim without consideration of any information which is untimely filed pursuant to such request.

(d)

Authority of the purchasing official to resolve formal contract claims. The purchasing official is authorized to resolve any claim arising out of the performance of a county contract at any time during the contract claim process. Where otherwise required, such resolution shall be conditioned on board approval.

(e)

Notice to the contractor of the purchasing official's decision. The written decision of the purchasing official shall be sent to the contractor by hand delivery or certified mail, return receipt requested, or by such other means as agreed by the parties, to the contractor at the notice address listed on the contract claim.

(f)

Adverse decision. If an adverse decision has been rendered by the purchasing official, the notice of decision shall inform the contractor of the right to request an administrative hearing before a Manatee County Hearing Officer in accordance with section 2-26-64.

(g)

Finality of purchasing official's decision; contractor's right to request a hearing. The purchasing official's decision shall be final and conclusive unless, within ten (10) calendar days from the date of receipt of the decision, the contractor files a written request for a formal administrative hearing pursuant to section 2-26-64.

(h)

Compliance with other laws required. Compliance with the requirements of this section are in addition to any requirements, rights, remedies, procedures, deadlines or limitations governing contracts which may exist in court rules or law, or the specific terms of the contract in question. The county expressly does not waive these by also requiring compliance with this section. The administrative claims process set forth in this section and section 2-26-64 constitutes the exclusive remedy for contract claims or damages arising under these sections.

(Ord. No. 08-43, § 1, 8-26-08; Ord. No. 09-52, § 16, 7-28-09; Ord. No. 14-15, § 1, 4-8-14)