Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - April 8, 2014
REVISED April 8, 2014 - Regular Meeting
Agenda Item #34

Ordinance No. 14-15 Revisions to Purchasing Code

Briefing Provided Upon Request

Contact and/or Presenter Information
James A. Minix, Chief Assistant County Attorney
Jo Ann C. Grace, Legal Assistant, Ext. 3750

Action Requested
Motion to adopt proposed Ordinance No. 14-15 relating to revisions to Manatee County's Purchasing Code regarding contract claims and disputes.

Enabling/Regulating Authority
Ch. 125.01, Florida Statutes and Chapter 2-26, Manatee County Code.

Background Discussion

   On February 25, 2014, the Board of County Commissioners approved publication of proposed Ordinance No. 14-15 that revises the Manatee County Purchasing Code, Sections 2-26-63 and 2-26-64, to afford certain rights and remedies to the parties involved in contract claims or disputes that have advanced to the stage of a claim or an administrative hearing. These sections of the code set forth the procedures for contract claims to be resolved by staff and for those claims that require an administrative hearing before an independent hearing officer. It also clarifies the appeal remedies to the Circuit Court.

   The major changes to the existing Code are:

  • Clarification of the authority of the purchasing official to resolve initial claims informally;
  • States that if the contractor is not satisfied with the purchasing official's decision, he may file a written request to the purchasing official to convene an administrative hearing;
  • Authorizes the County, as well as the contractor, to take an appeal to the Board of County Commissioners if that party is not satisfied with the recommended decision of the hearing officer;
  • Clarifies that the Board may modify the hearing officer's recommended decision in addition to accepting or rejecting that decision;
  • Clarifies that judicial review of a final order of the County shall be via a Petition for Certiorari to the Circuit Court.

   The County Attorney's Office recommends that the Board adopt this amendment to the Purchasing Code.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
See attached proposed Ordinance No. 14-15.

Reviewing Attorney

Instructions to Board Records
Please return a fully approved copy of this agenda item with its attachments to: joann.grace@mymanatee.org.
Thank you.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Purchasing Ord 2014 Strikethroughs.pdf
Attachment:  Purchasing Ord 2014 Final for adoption.pdf
Attachment:  Proof of Publication - Ordinance 14-15.pdf