§ 119.109. Dispute resolution procedure.

The JEA Managing Director or Director of Water and Waste Water or his designee shall insert the following dispute resolution procedure in the contract specifications for all projects under State Revolving Fund Loans:

(a)

In the event a dispute develops between any party and the City with respect to any part of a project (including but not limited to planning, design, construction or operation) subject to a State Revolving Fund loan, the party shall initiate a dispute under the following procedure:

(1)

Within five days of the development of a dispute, the party shall file a formal written protest with the project engineer or design professional. The written protest shall state, with particularity, all reasons and other justifications for the protest. The party is encouraged to attach as much written documentation, as he has available, to the written protest as exhibits.

(2)

Within five days after receiving the formal written protest and its exhibits, the project engineer or design professional, as the case may be, shall consider the protest and serve a written decision on the party by certified mail, return receipt requested. For purposes of this Section, the response must be served, but not actually received within the allotted five days.

(b)

If there has been no satisfactory resolution of the dispute under paragraph (a) of this Section, the party may request the following review procedure:

(1)

Within five workdays of the receipt of the project engineer's or the design professional's decision, the party shall file a request for review with the JEA Managing Director or Director of Water and Waste Water or his designee. The request for review shall be in writing and shall state, with particularity, all reasons for review of the decision. A copy shall be served upon the project engineer or design professional and such service shall be certified.

(2)

Within five workdays after the filing of the request for review, the City and the project engineer or design professional shall file, with the JEA Managing Director or Director of Water and Waste Water or his designee, a reply to the request for review. Such reply shall, to the extent possible, answer each and every reason for review stated by the party. Copies shall be served upon the party and service shall be certified.

(3)

Within five workdays of receiving the City's reply, the JEA Managing Director or Director of Water and Waste Water, or his designee, shall arrange for the appointment, by the General Counsel, of an impartial hearing officer, from the pool of environmental hearing officers, to consider the review process.

(4)

Within ten days of the appointment of the hearing officer a hearing on the review shall be held. The party shall open the hearing and shall present evidence and argument relative to his position. The City shall then present evidence and/or argument in support of its position. The party may then present rebuttal evidence and argument. If a permanent record of the proceedings is desired, the party must arrange for the presence of a court reporter.

(5)

Within ten days after the close of the hearing, the hearing officer shall enter and serve a decision on the merits of the dispute. The decision shall contain findings of facts and conclusions of law and shall be limited to materials presented at the hearing.

(6)

All costs of the review procedure including, but not limited to, hearing officer fees and the services of court reporters shall be borne by the nonprevailing party.

(c)

If there is no satisfactory resolution of the dispute under paragraph (b) of this Section then, and in such event, the party may seek his remedy at law or equity in a court of competent jurisdiction.

(Ord. 89-547-234, § 1; Ord. 2008-513-E, § 1)