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2025-013
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Last modified
9/30/2025 2:56:18 PM
Creation date
9/30/2025 2:55:56 PM
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Ordinances
Ordinance Number
2025-013
Adopted Date
09/23/2025
Agenda Item Number
11.A.1.
Ordinance Type
Purchasing and Procurement
State Filed Date
09\30\2025
Entity Name
Indian River County
Subject
Repeal Chapter 105 (Purchasing) and replace with new purchasing code and procurement manual
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Section 105.07. Waiver of sovereign immunity in contracts. <br />Notwithstanding any specific contractual language to the contrary, in any contract <br />executed by the chairman of the board of county commissioners on behalf of the <br />county, the county shall be bound only by the express written terms of the contract as <br />originally written or as expressly modified by a written document executed by the <br />chairman. No action or demand for arbitration shall be commenced against the county <br />based on an implied covenant within the express written terms of the contract or upon a <br />provision implied by law. Failure of a party to comply with the express written terms of <br />the contract shall act as a bar to any action or arbitration by said party against the <br />county. This represents the limits of waiver of sovereign immunity by the county with <br />regard to county contracts. <br />Section 105.8. Environmentally preferred procurement policy. <br />The county is committed to the procurement of products and services that minimize <br />negative environmental and social impacts and emphasize long-term values. <br />Preference shall be given to products and services that have a lesser or reduced effect <br />on human health and the environment when compared to other products and services <br />that serve the same purpose. This comparison may consider raw materials acquisition, <br />production, manufacturing, packaging, distribution, reuse, operation, maintenance, or <br />disposal of the product or service. <br />SECTION 3. It is the intention of the Board of County Commissioners that the provision <br />of this ordinance shall become and be made part of the Indian River County Code, and <br />that the sections of this ordinance may be renumbered or re -lettered and the word <br />ordinance may be changed to section, article or such other appropriate word or phrase in <br />order to accomplish such intention. <br />SECTION 4. If any part of this ordinance is held to be invalid or unconstitutional by a <br />court of competent jurisdiction, the remainder of this ordinance shall not be affected by <br />such holding and shall remain in full force and effect. <br />SECTION 5. All ordinances or parts of ordinances in conflict herewith are hereby <br />repealed. <br />SECTION 6. This ordinance shall become effective upon adoption by the Board of <br />County Commissioners and filing with the Department of State. <br />This ordinance was advertised in the Indian River Press Journal on the 12th day <br />of -ep r 2025, for a public hearing to be held on the 23rd day of _epta4t-xer , <br />2025, at which time it was moved for adoptionb Commissioner <br />Lama Noss , seconded by Commissioner'' <br />and adopted by the following vote: <br />2 <br />
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