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Agenda 05/10/2016 Item #11A5/10/2016 11.A. EXECUTIVE SUMMARY Recommendation to direct the County Attorney to prepare and advertise an Ordinance amending Ordinance No. 2013-69 as amended, to add a new section establishing a vendor payment dispute resolution process in accordance with the Local Government Prompt Payment Act (LGPPA). OBJECTIVE: To ensure timely payments, prompt resolution of payment disputes, and improve the efficacy of contract management with vendors and consultants for work performed and accepted by Collier County, as required by Florida statute and local ordinance. CONSIDERATIONS: At the April 12, 2016 meeting of the Board of County Commissioners (Item 10.F.), the County Manager and County Attorney were directed to create a vendor payment dispute resolution process in accordance with the Local Government Prompt Payment Act for Board review. The purpose of the Local Government Prompt Pay Act is to ensure that local governmental entities promptly pay vendors who provide goods and services to local governments. Of particular concern to the legislators who enacted the LGPPA in 1989 was the adverse economic impact and hardship on small businesses when local governments do not pay in a timely manner. Failure to meet the timelines contained in the LGPPA can cause local governmental entities to incur significant interest penalties. The LGPPA contemplates the possibility of payment disputes between vendors and local governmental entities. It also provides a framework for resolving payment disputes that cannot be resolved through other means: 218.76 Improper payment request or invoice; resolution of disputes.— (1) If an improper payment request or invoice is submitted by a vendor, the local governmental entity shall, within 10 days after the improper payment request or invoice is received, notify the vendor, in writing, that the payment request or invoice is improper and indicate what corrective action on the part of the vendor is needed to make the payment request or invoice proper. (2)(a) If a dispute arises between a vendor and a local governmental entity concerning payment of a payment request or invoice, the dispute shall be finally determined by the local governmental entity pursuant to a dispute resolution procedure established by the local governmental entity. Such procedure must provide that proceedings to resolve the dispute are commenced within 45 days after the date the payment request or p=er invoice was received by the local governmental entity and concluded by final decision of the local governmental entity within 60 days after the date the payment request orproper invoice was received by the local governmental entity. Such procedures are not subject to chapter 120 and do not constitute an administrative proceeding that prohibits a court from deciding de novo any action arising out of the dispute. If the dispute is resolved in favor of the local governmental entity, interest charges begin to accrue 15 days after the local governmental entity's final decision. If the dispute is resolved in favor of the vendor, interest begins to accrue as of the original date the payment became due. (b) If the local governmental entity does not commence the dispute resolution procedure within the time required, a contractor may give written notice to the local governmental entity of the failure to timely commence its dispute resolution procedure. If the local governmental entity fails to commence the dispute resolution procedure within 4 business days after such notice, any amounts resolved in the contractor's favor shall bear mandatory interest, as set forth in s. 218.735(9), from the date the payment request or invoice containingthe he disputed amounts was submitted to the local governmental entity. If the dispute resolution procedure is not commenced within 4 business days after the notice, the objection to the payment request or invoice shall be deemed waived. The waiver of an objection pursuant to this paragraph does not relieve a contractor of its contractual obligations. (3) In an action to recover amounts due under this part, the court shall award court costs and reasonable attorney's fees, including fees incurred through appeal, to the prevailing party. History.—s. 4, ch. 89-297; s. 6, ch. 2001-169; s. 34, ch. 2002-1; s. 3, ch. 2010-111. Packet Page -44- 5/10/201611.A. To implement an effective and fair formal payment dispute resolution process for Collier County, Staff is recommending the creation of an impartial payment dispute hearing officer with quasi-judicial powers. After taking evidence at a public hearing and rendering a final written determination, the matter will be deemed to be closed from the County's perspective; i.e., there will be no appeal to the hearing officer, the procurement director, the county manager or the BCC. However, any decision rendered by the hearing officer may be reviewed in court de novo as specified in s. 218.76(2)(a), Fla. Stat. (2015). Staff would also seek to have the hearing officer identify any contractual or procedural enhancements that would improve our internal controls, increase our efficiencies, and enhance our relationships with vendors and consultants. FISCAL IMPACT: None at this time. A cost estimate for hearing officer services will be provided when the final ordinance amendment is scheduled for Board action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. GROWTH MANAGEMENT EWPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: To direct the County Attorney to prepare and advertise an Ordinance amending Ordinance No. 2013-69 as amended, to add a new section establishing a vendor payment dispute resolution process in accordance with the Local Government Prompt Payment Act (LGPPA): Prepared by: Jeff Klatzkow, County Attorney Leo Ochs, County Manager S Attachments: (1) Local Government Prompt Payment Act (2) Collier County Prompt Payment Policy Packet Page -45- COLLIER COUNTY Board of County Commissioners Item Number: 11.11.A. 5/10/2016 11.A. Item Summary: Recommendation to direct the County Attorney to prepare and advertise an Ordinance amending Ordinance No. 2013-69 as amended, to add a new section establishing a vendor payment dispute resolution process in accordance with the Local Government Prompt Payment Act (LGPPA). (Tim Durham, Executive Manager Corporate Business Operations) Meeting Date: 5/10/2016 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, County Managers Office 5/4/2016 9:02:55 AM Submitted by Title: Executive Secretary to County Manager, County Managers Office Name: BrockMaryJo 5/4/2016 9:02:56 AM Approved By Name: KlatzkowJeff Title: County Attorney, Date: 5/4/2016 3:32:09 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 5/4/2016 4:31:26 PM Packet Page -46- 5/10/2016 11.A. LOCAL GOVERNMENT PROMPT PAYMENT ACT 218.70 Popular name. 218.71 Purpose and policy. 218.72 Definitions. 218.73 Timely payment for nonconstruction services. 218.735 Timely payment for purchases of construction services. 218.74 Procedures for calculation of payment due dates. 218.75 Mandatory interest. 218.76 Improper payment request or invoice; resolution of disputes. 218.77 Payment by federal funds. 218.78 Report of interest. 218.79 Repeal of conflicting laws. 218.70 Popular name.—This part may be cited as the "Local Government Prompt Payment Act." History.—s. 4, ch. 89-297; s. 1, ch. 2005-230. 218.71 Purpose and policy.— (1) The purpose of this part is: (a) To provide for prompt payments by local governmental entities and their institutions and agencies. (b) To provide for interest payments on late payments made by local governmental entities and their institutions and agencies. (c) To provide for a dispute resolution process for payment of obligations. (2) It is the policy of this state that payment for all purchases by local governmental entities be made in a timely manner. History.—s. 4, ch. 89-297. 218.72 Definitions.—As used in this part, the term: (1) "Agent" means the project architect, project engineer, or other agency or person acting on behalf of the local governmental entity. The agent who is required to review invoices or payment requests must be identified in accordance with s. 218.735(1). (2) "Construction services" means all labor, services, and materials provided in connection with the construction, alteration, repair, demolition, reconstruction, or other improvements to real property. (3) "Contractor' or "provider of construction services" means the person who contracts directly with a local governmental entity to provide construction services. (4) "County" means a political subdivision of the state established pursuant to s. 1, Art. VIII of the State Constitution. (5) "Local governmental entity" means a county or municipal government, school board, school district, authority, special taxing district, other political subdivision, or any office, board, bureau, commission, department, branch, division, or institution thereof. Packet Page -47- 5/10/2016 11.A. (6) "Municipality" means a municipality created pursuant to general or special law and metropolitan and consolidated governments as provided in s. 6(e) and (f), Art. VIII of the State Constitution. (7) "Payment request" means a request for payment for construction services which conforms with all statutory requirements and all requirements specified by the local governmental entity to which the payment request is submitted. Such requirements must be included in the contract for the project for which payment is requested. (8) "Proper invoice" means an invoice that conforms with all statutory requirements and all requirements specified by the local governmental entity to which the invoice is submitted. Such requirements must be included in the contract for the project for which the invoice is submitted. (9) "Purchase" means the purchase of goods, services, or construction services; the purchase or lease of personal property; or the lease of real property by a local governmental entity. (10) "Vendor' means any person who sells goods or services, sells or leases personal property, or leases real property directly to a local governmental entity. The term includes any person who provides waste hauling services to residents or businesses located within the boundaries of a local government pursuant to a contract or local ordinance. History.—s. 4, ch. 89-297; s. 1, ch. 95-331; s. 1, ch. 2001-169; s. 2, ch. 2005-230; s.1, ch. 2010-111. 218.73 Timely payment for nonconstruction services. The time at which payment is due for a purchase other than construction services by a local governmental entity must be calculated from: (1) The date on which a proper invoice is received by the chief disbursement officer of the local governmental entity after approval by the governing body, if required; or (2) If a proper invoice is not received by the local governmental entity, the date: (a) On which delivery of personal property is accepted by the local governmental entity; (b) On which services are completed; (c) On which the rental period begins; or (d) On which the local governmental entity and vendor agree in a contract that provides dates relative to payment periods; whichever date is latest. History.—s. 4, ch. 89-297; s. 2, ch. 95-331; s. 2, ch. 2001-169. 218.735 Timely payment for purchases of construction services.— (1) The due date for payment for the purchase of construction services by a local governmental entity is determined as follows: (a) If an agent must approve the payment request or invoice before the payment request or invoice is submitted to the local governmental entity, payment is due 25 business days after the date on which the payment request or invoice is stamped as received as provided in s. 218.74(1). The contractor may send the local government an overdue notice. If the payment request or invoice is not rejected within 4 business days after delivery of the overdue notice, the payment request or invoice shall be deemed accepted, except for any portion of the payment request or invoice that is fraudulent or misleading. (b) If an agent need not approve the payment request or invoice submitted by the contractor, payment is due 20 business days after the date on which the payment request or invoice is stamped as received as provided in s. 218.74(1). A local governmental entity shall identify the agent or employee of the local governmental entity, or the facility or office, to which the contractor may submit its payment request or invoice. This requirement Packet Page -48- 5/10/2016 11.A. shall be included in the contract between the local governmental entity and contractor, or shall be provided by the local governmental entity through a separate written notice, as required under the contract, no later than 10 days after the contract award or notice to proceed. A contractor's submission of a payment request or invoice to the identified agent, employee, facility, or office of the local governmental entity shall be stamped as received as provided in s. 218.74(1) and shall commence the time periods for payment or rejection of a payment request or invoice as provided in this subsection and subsection (2). (2) If a payment request or invoice does not meet the contract requirements, the local governmental entity must reject the payment request or invoice within 20 business days after the date on which the payment request or invoice is stamped as received as provided in s. 218.74(1). The rejection must be written and must specify the deficiency and the action necessary to make the payment request or invoice proper. (3) If a payment request or an invoice is rejected under subsection (2) and the contractor submits a payment request or invoice that corrects the deficiency, the corrected payment request or invoice must be paid or rejected on the later of: (a) Ten business days after the date the corrected payment request or invoice is stamped as received as provided in s. 218.74(1); or (b) If the local governmental entity is required by ordinance, charter, or other law to approve or reject the corrected payment request or invoice, the first business day after the next regularly scheduled meeting of the local governmental entity held after the corrected payment request or invoice is stamped as received as provided in s. 218.74(1). (4) If a dispute between the local governmental entity and the contractor cannot be resolved by the procedure in subsection (3), the dispute must be resolved in accordance with the dispute resolution procedure prescribed in the construction contract or in any applicable ordinance, which shall be referenced in the contract. In the absence of a prescribed procedure, the dispute must be resolved by the procedure specified in s. 218.76(2). (5) If a local governmental entity disputes a portion of a payment request or an invoice, the undisputed portion shall be paid timely, in accordance with subsection (1). (6) If a contractor receives payment from a local governmental entity for labor, services, or materials furnished by subcontractors and suppliers hired by the contractor, the contractor must remit payment due to those subcontractors and suppliers within 10 days after the contractor's receipt of payment. If a subcontractor receives payment from a contractor for labor, services, or materials furnished by subcontractors and suppliers hired by the subcontractor, the subcontractor must remit payment due to those subcontractors and suppliers within 7 days after the subcontractor's receipt of payment. This subsection does not prohibit a contractor or subcontractor from disputing, pursuant to the terms of the relevant contract, all or any portion of a payment alleged to be due to another party if the contractor or subcontractor notifies the party whose payment is disputed, in writing, of the amount in dispute and the actions required to cure the dispute. The contractor or subcontractor must pay all undisputed amounts due within the time limits imposed by this section. (7) Each contract for construction services between a local governmental entity and a contractor must provide for the development of a single list of items required to render complete, satisfactory, and acceptable the construction services purchased by the local governmental entity. (a) The contract must specify the process for developing the list, including the responsibilities of the local governmental entity and the contractor in developing and reviewing the list and a reasonable time ^ for developing the list: Packet Page -49- 5/10/2016 11.A. 1. For construction projects having an estimated cost of Less than $10 million, within 30 calendar days after reaching substantial completion of the construction services purchased as defined in the contract, or, if not defined in the contract, upon reaching beneficial occupancy or use; or 2. For construction projects having an estimated cost of $10 million or more, within 30 calendar days, or, if extended by contract, up to 60 calendar days after reaching substantial completion of the construction services purchased as defined in the contract, or, if not defined in the contract, upon reaching beneficial occupancy or use. The contract must also specify a date for the delivery of the list of items, not to exceed 5 days after the list of items has been developed and reviewed in accordance with the time periods set forth in subparagraphs 1. and 2. (b) If the contract between the local governmental entity and the contractor relates to the purchase of construction services on more than one building or structure, or involves a multiphased project, the contract must provide for the development of a list of items required to render complete, satisfactory, and acceptable all the construction services purchased pursuant to the contract for each building, structure, or phase of the project within the time limitations provided in paragraph (a). (c) The final contract completion date must be at least 30 days after the delivery of the list of items. If the list is not provided to the contractor by the agreed upon date for delivery of the list, the contract time for completion must be extended by the number of days the local governmental entity exceeded the delivery date. Damages may not be assessed against a contractor for failing to complete a project within the time required by the contract, unless the contractor failed to complete the project within the contract period as extended under this paragraph. (d) The failure to include any corrective work or pending items not yet completed on the list does not alter the responsibility of the contractor to complete all the construction services purchased pursuant to the contract. (e) Upon completion of all items on the list, the contractor may submit a payment request for all remaining retainage withheld by the local governmental entity pursuant to this section. If a good faith dispute exists as to whether one or more items identified on the list have been completed pursuant to the contract, the local governmental entity may continue to withhold up to 150 percent of the total costs to complete such items. (f) All items that require correction under the contract and that are identified after the preparation and delivery of the list remain the obligation of the contractor as defined by the contract. (g) Warranty items or items not included in the list of items required under paragraph (a) may not affect the final payment of retainage as provided in this section or as provided in the contract between the contractor and its subcontractors and suppliers. (h) Retainage may not be held by a local governmental entity or a contractor to secure payment of insurance premiums under a consolidated insurance program or series of insurance policies issued to a local governmental entity or a contractor for a project or group of projects, and the final payment of retainage as provided in this section may not be delayed pending a final audit by the local governmental entity's or contractor's insurance provider. (i) If a local governmental entity fails to comply with its responsibilities to develop the list required under paragraph (a) or paragraph (b) within the time limitations provided in paragraph (a), the contractor may submit a payment request for all remaining retainage withheld by the local governmental entity pursuant to this section; and payment of any remaining undisputed contract amount, less any amount withheld pursuant to the contract for incomplete or uncorrected work, must be paid within 20 business days after receipt of a proper invoice or payment request. If the local governmental entity has provided written notice to the contractor specifying the failure of the Packet Page -50- 5/10/2016 11.A. contractor to meet contract requirements in the development of the list of items to be completed, the local governmental entity need not pay or process any payment request for retainage if the contractor has, in whole or in part, failed to cooperate with the local governmental entity in the development of ^ the list or to perform its contractual responsibilities, if any, with regard to the development of the list or if paragraph (8)(f) applies. (8)(a) With regard to any contract for construction services, a local governmental entity may withhold from each progress payment made to the contractor an amount not exceeding 10 percent of the payment as retainage until 50 -percent completion of such services. (b) After 50 -percent completion of the construction services purchased pursuant to the contract, the local governmental entity must reduce to 5 percent the amount of retainage withheld from each subsequent progress payment made to the contractor. For purposes of this subsection, the term "50 - percent completion" has the meaning set forth in the contract between the local governmental entity and the contractor or, if not defined in the contract, the point at which the local governmental entity has expended 50 percent of the total cost of the construction services purchased as identified in the contract together with all costs associated with existing change orders and other additions or modifications to the construction services provided for in the contract. However, notwithstanding this subsection, a municipality having a population of 25,000 or fewer, or a county having a population of 100,000 or fewer, may withhold retainage in an amount not exceeding 10 percent of each progress payment made to the contractor until final completion and acceptance of the project by the local governmental entity. (c) After 50 -percent completion of the construction services purchased pursuant to the contract, the contractor may elect to withhold retainage from payments to its subcontractors at a rate higher than 5 percent. The specific amount to be withheld must be determined on a case-by-case basis and must be based on the contractor's assessment of the subcontractor's past performance, the likelihood that such .-. performance will continue, and the contractor's ability to rely on other safeguards. The contractor shall notify the subcontractor, in writing, of its determination to withhold more than 5 percent of the progress payment and the reasons for making that determination, and the contractor may not request the release of such retained funds from the local governmental entity. (d) After 50 -percent completion of the construction services purchased pursuant to the contract, the contractor may present to the local governmental entity a payment request for up to one-half of the retainage held by the local governmental entity. The local governmental entity shall promptly make payment to the contractor, unless the local governmental entity has grounds, pursuant to paragraph (f), for withholding the payment of retainage. If the local governmental entity makes payment of retainage to the contractor under this paragraph which is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the contractor shall timely remit payment of such retainage to those subcontractors and suppliers. (e) This section does not prohibit a local governmental entity from withholding retainage at a rate less than 10 percent of each progress payment, from incrementally reducing the rate of retainage pursuant to a schedule provided for in the contract, or from releasing at any point all or a portion of any retainage withheld by the local governmental entity which is attributable to the labor, services, or materials supplied by the contractor or by one or more subcontractors or suppliers. If a local governmental entity makes any payment of retainage to the contractor which is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the contractor shall timely remit payment of such retainage to those subcontractors and suppliers. (f) This section does not require the local governmental entity to pay or release any amounts that are the subject of a good faith dispute, the subject of a claim brought pursuant to s. 255.05, or otherwise the subject of a claim or demand by the local governmental entity or contractor. Packet Page -51- 5/10/2016 11.A. (g) The time limitations set forth in this section for payment of payment requests apply to any payment request for retainage made pursuant to this section. (h) Paragraphs (a) -(d) do not apply to construction services purchased by a local governmental entity which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. (i) This subsection does not apply to any construction services purchased by a local governmental entity if the total cost of the construction services purchased as identified in the contract is $200,000 or less. (9) All payments due under this section and not made within the time periods specified by this section shall bear interest at the rate of 1 percent per month, or the rate specified by contract, whichever is greater. History.—s. 3, ch. 95-331; s. 3, ch. 2001-169; s. 3, ch. 2005-230; s. 2, ch. 2010-111. 218.74 Procedures for calculation of payment due dates.— (1) Each local governmental entity shall establish procedures whereby each payment request or invoice received by the local governmental entity is marked as received on the date on which it is delivered to an agent or employee of the local governmental entity or of a facility or office of the local governmental entity. (2) The payment due date for a local governmental entity for the purchase of goods or services other than construction services is 45 days after the date specified in s. 218.73. The payment due date for the purchase of construction services is specified in s. 218.735. (3) If the terms under which a purchase is made allow for partial deliveries and a payment request or proper invoice is submitted for a partial delivery, the time for payment for the partial delivery must be calculated from the time of the partial delivery and the submission of the payment request or invoice in the same manner as provided in s. 218.73 or s. 218.735. (4) All payments, other than payments for construction services, due from a local governmental entity and not made within the time specified by this section bear interest from 30 days after the due date at the rate of 1 percent per month on the unpaid balance. The vendor must invoice the local governmental entity for any interest accrued in order to receive the interest payment. Any overdue period of less than 1 month is considered as 1 month in computing interest. Unpaid interest is compounded monthly. For the purposes of this section, the term "l month" means a period beginning on any day of one month and ending on the same day of the following month. History.—s. 4, ch. 89-297; s. 4, ch. 95-331; s. 4, ch. 2001-169. 218.75 Mandatory interest.—No contract between a local governmental entity and a vendor or a provider of construction services shall prohibit the collection of late payment interest charges allowable under this part. History.—s. 4, ch. 89-297; s. 5, ch. 2001-169. 218.76 Improper payment request or invoice; resolution of disputes.— (1) If an improper payment request or invoice is submitted by a vendor, the local governmental entity shall, within 10 days after the improper payment request or invoice is received, notify the vendor, in writing, that the payment request or invoice is improper and indicate what corrective action on the part of the vendor is needed to make the payment request or invoice proper. (2)(a) If a dispute arises between a vendor and a local governmental entity concerning payment of a payment request or invoice, the dispute shall be finally determined by the local governmental entity Packet Page -52- 5/10/2016 11.A. pursuant to a dispute resolution procedure established by the local governmental entity. Such procedure must provide that proceedings to resolve the dispute are commenced within 45 days after the date the payment request or proper invoice was received by the local governmental entity and concluded by final decision of the local governmental entity within 60 days after the date the payment request or proper invoice was received by the local governmental entity. Such procedures are not subject to chapter 120 and do not constitute an administrative proceeding that prohibits a court from deciding de novo any action arising out of the dispute. If the dispute is resolved in favor of the local governmental entity, interest charges begin to accrue 15 days after the local governmental entity's final decision. If the dispute is resolved in favor of the vendor, interest begins to accrue as of the original date the payment became due. (b) If the local governmental entity does not commence the dispute resolution procedure within the time required, a contractor may give written notice to the local governmental entity of the failure to timely commence its dispute resolution procedure. If the local governmental entity fails to commence the dispute resolution procedure within 4 business days after such notice, any amounts resolved in the contractor's favor shall bear mandatory interest, as set forth in s. 218.735(9), from the date the payment request or invoice containing the disputed amounts was submitted to the local governmental entity. If the dispute resolution procedure is not commenced within 4 business days after the notice, the objection to the payment request or invoice shall be deemed waived. The waiver of an objection pursuant to this paragraph does not relieve a contractor of its contractual obligations. (3) In an action to recover amounts due under this part, the court shall award court costs and reasonable attorney's fees, including fees incurred through appeal, to the prevailing party. History.—s. 4, ch. 89-297; s. 6, ch. 2001-169; s. 34, ch. 2002-1; s. 3, ch. 2010-111. 218.77 Payment by federal funds.—A local governmental entity which intends to pay for a purchase with federal funds shall not make such purchase without reasonable assurance that federal funds to cover the cost thereof will be received. Where payment or the time of payment is contingent on receipt of federal funds or federal approval, any contract and any solicitation to bid shall clearly state such contingency. History.—s. 4, ch. 89-297. 218.78 Report of interest.—If the total amount of interest paid during the preceding fiscal year exceeds $250, each local governmental entity shall, during December of each year, report to the board of county commissioners or the municipal governing body the number of interest payments made by it during the preceding fiscal year and the total amount of such payments made under this part. History.—s. 4, ch. 89-297; s. 5, ch. 95-331. 218.79 Repeal of conflicting laws.—All laws and parts of laws in conflict with this part are repealed. History.—s. 4, ch. 89-297. Packet Page -53- 5/10/2016 11.A. Collier County Prompt Payment Policy (a) Generally: (1) The "Local Government Prompt Payment Act" (§ 218.70 et seq., Fla. Stat.) and as it may in the future be amended, is hereby incorporated into and is made a part of this policy. (2) There is hereby established a prompt payment policy and a process for resolving payment disputes between vendors and Collier County government. The dispute resolution procedure shall be in furtherance of and in accordance with the Local Government Prompt Payment Act. (3) The Collier County Manager shall be responsible for execution of this prompt payment policy. (b) Hearing Officer.• (1) There shall be a prompt payment hearing officer. The board of county commissioners establishes the authority and responsibility of the hearing officer. The responsibility and purpose of the hearing officer is to render decisions, either in favor of Collier County government or in favor of vendors. Hearing officer decisions shall be rendered exclusively for and limited to disputes that directly relate to the promptness of payment by Collier County government to vendors. The nature of the hearing officer's proceedings shall be quasi- judicial, and not advisory. (2) The name of the position created by this section shall be the prompt payment hearing officer. (3) No current or former Collier County government regularly compensated officer or employee shall be eligible for selection as a hearing officer. However, concurrent or former appointment to a Collier County government advisory or quasi-judicial board shall not of itself preclude a person from being selected as hearing officer. (4) The prompt payment hearing officer shall hold proceedings, all of which shall be held at the Collier County Governmental Center in the Commission board room. (5) The hearing officer shall preside at all proceedings of the prompt payment hearing officer. (6) The prompt payment hearing officer may adopt such written rules and procedures as the hearing officer deems appropriate for the exercise of responsibility to render decisions, so long as such written rules and procedures are approved by the board of county commissioners and are not inconsistent with the Local Government Prompt Payment Act or this section. The hearing officer's written rules shall be published in the Collier County Purchasing Manual; however, the absence of the adoption or publication of rules shall not preclude the hearing officer from holding proceedings and rendering decisions. (7) The Procurement Services Division shall provide administrative and organizational support to the prompt payment hearing officer. This support shall extend to secretarial assistance, document control, records management, and all physical and logistical support necessary for the hearing officer to render decisions. The Clerk's Finance Department is encouraged to participate and support the prompt payment hearing officer. (8) The prompt payment hearing officer shall provide an annual report to the board of county commissioners. The report shall be submitted no later than December 31St of each year. The report shall include a summary of the activity and trends from the prior calendar year, and shall include any recommendations to improve compliance with the Local Government Prompt Payment Act. Page 1 Packet Page -54- 5/10/2016 11.A. (c) Hearing Procedures. (1) The process to resolve disputes between Collier County government and vendors will be generally as follows: A dispute may arise between Collier County government and a vendor because of the vendor's assertion that the county has failed to pay the vendor's invoice within the time required by the Local Government Prompt Payment Act. The controversy will center typically on the following issue: What is the correctly calculated date that payment was due from Collier County government to a vendor, and whether Collier County government effected payment to the vendor. The prompt payment hearing officer shall decide these issues. The decision shall be either in favor of the vendor or in favor of Collier County government. The hearing officer is expressly prohibited from deciding issues as to whether performance of a contract has taken place or whether the county is obligated to make payment for a purchase. The scope of the hearing officer's jurisdiction is limited exclusively to issues of when the county was required to pay and whether the county has paid. The hearing officer shall not make determinations as to underlying, fundamental grounds for nonpayment. (2) Proceedings shall take place within the timeliness guidelines set forth in the Local Government Prompt Payment Act. However, such guidelines are directory in nature and are not mandatory so as to divest the hearing officer of jurisdiction. (3) The hearing officer shall announce a decision by virtue of a written final order. The hearing officer shall make all reasonable efforts to render a decision on the hearing date and not adjourn to an additional day or time. The text of the final order shall find facts and make conclusions, which conclusions shall be deductible from the facts as found by the hearing officer. The hearing officer shall find and iterate the facts specifically and thereafter state separately a conclusion. The findings of fact shall be stated in non -argumentative and neutral terms and be divided into short, separately numbered, declarative paragraphs or sentences each of which contains only one (1) feature or point. Proposed findings of fact and conclusions may be submitted by the county and the vendor during the proceeding, but not before or after the proceeding. The hearing officer shall not simply adopt verbatim the proposals of either party because the hearing officer shall have a duty to review the evidence in order that the hearing officer is certain that each finding and conclusion accords with the evidence. The hearing officer shall not announce a decision either in favor of the county or in favor of the vendor before the hearing officer finds facts and makes a conclusion. The final order shall be considered rendered and final upon its execution by the hearing officer. There shall be no appeal from a decision of the hearing officer to the hearing officer, to the county administrator, or to the board of county commissioners. The hearing officer's decision may be subject to review by a court; however, pursuant to the Local Government Prompt Payment Act, the decision shall not be considered as an administrative proceeding that prohibits a court from deciding de novo a cause of action arising out of the dispute. (d) Proper Invoice Requirements: The Local Government Prompt Payment Act provides that the county may set forth the requirements for an invoice to be a proper invoice. The requirements of a proper invoice shall be as set forth in the agreement or contract governing the purchase. In addition, a proper invoice includes the following: (1) The invoice shall set forth the county purchase order number, and the invoice shall correlate to the County purchase order number under which the purchase was made; and (2) The invoice shall set forth the name of the business organization that is recited in the county purchase order, and Page 2 Packet Page -55- 5/10/2016 11.A. (3) The invoice shall set forth the date of its preparation; and (4) The invoice shall set forth an identifying number to facilitate identification of the invoice; and (5) The invoice shall set forth a description of the goods or services or property provided to the county; and (6) The invoice shall set forth the county's part or item number for each item or part delivered; and (7) The invoice shall set forth the location and date of delivery of the goods or services or property to the county, and (8) The invoice shall set forth the quantity of the goods or services or property provided to the county, if applicable; and (9) The invoice shall set forth the unit price of the goods or services or property provided to the county, if applicable; and (10) The invoice shall set forth the extended total price of the goods or services or property provided to the county; and (11) The invoice shall set forth applicable discounts. Page 3 Packet Page -56-