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Akron, Ohio 443.16 — 0001. <br />SENT VIA FEDEX AND EMAIL <br />Indian River County <br />March 16.2018 <br />MAR 2 0 2018 <br />Indian River County Administration Office <br />Attn: Jason E. Brown - County Administrator Office of the <br />1801 27th Street County Administrator <br />Vero Beach, FL. 32960-3365 <br />Phone: 772-567=8000 <br />Email: jbrowm@ircgov.com <br />Dear Mr. Brown: <br />I am writing on behalf of Goodyear Auto, Service Centers, a division of The Goodyear <br />Tire & Rubber Company ("Goodyear") pursuant to Section 100.06 Indian River County Code of <br />Ordinances (the "Applicable Code"), in response to a letter from Mr. John Ding, Director, <br />Department of Emergency Services (the "Dispute Letter"), disputing certain invoices referred to <br />therein as improper, and refusing payment for reasons specified in the Dispute Letter. The <br />Dispute Letter is attached for your reference. <br />Per the Applicable Code, Goodyear has a right to appeal a decision from a department <br />head by delivering to the person or body responsible for hearing the appeal a written statement <br />with facts and details showing why the decision should be reversed or modified. with a copy to <br />the person or body from which the appeal is being taken. This letter satisfies that requirement <br />and Goodyear hereby exercises its right under the Applicable Code to appeal the Dispute Letter. <br />Furthermore, Goodyear expressly reserves all rights it may have in contractual, tort. statutory or <br />equitable remedies under applicable law. <br />The invoices provided to Indian River County are substantially similar to the invoices <br />that were provided to Indian River County throughout 2017 and. each of such 2017 invoices. <br />totaling $ 170,769.93, in the aggregate, were submitted And paid without objection. No 2017 <br />invoices provided to. Indian River County included the FSA contract number or purchase <br />number, yet each was accepted, without dispute, and processed for payment. Thus, the parties <br />own course of conduct supports that this information was not required for the payment of <br />invoices. However, Goodyear would be happy to revise the disputed invoices and resubmit them <br />for payment. Goodyear can also agree to change the parties' current practice and include this <br />information on invoices to Indian River County going forward. But in any case, a technical <br />billing issue would not give Indian River County grounds to indefinitely and definitively refuse <br />payment of amounts due and payable to Goodyear for products delivered to an agent of Indian <br />River County. <br />250 <br />