Loading...
Ordinance 2016-19 ORDINANCE NO. 2016- 19 AN ORDINANCE AMENDING ORDINANCE 2013-69, KNOWN AS THE COLLIER COUNTY PURCHASING ORDINANCE, BY ADDING A NEW SUB-SECTION TO SECTION SIXTEEN, PAYMENT OF INVOICES, WHICH ESTABLISHS A VENDOR PAYMENT DISPUTE RESOLUTION PROCESS IN ACCORDANCE WITH THE LOCAL GOVERNMENT PROMPT PAYMENT ACT; PROVIDING FOR CONFLICT AND SEVERABILITY, INCLUSION INTO THE CODE OF LAWS AND ORDINANCES,AND AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (the Board) desires to seek the maximum value for the County by procuring the best value in obtaining commodities and contractual services; and WHEREAS, to better effectuate this desire, on December 10th, 2013, the Board adopted Ordinance No. 2013-69, known as the Collier County Purchasing Ordinance; and WHEREAS,the Board wishes to establish a vendor payment dispute resolution process in accordance with the Local Government Prompt Payment Act; and WHEREAS, in keeping with the above, the Board of County Commissioners wishes to amend this Ordinance as follows. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: Section Sixteen of the Purchasing Ordinance, Payment of Invoices, is hereby amended as follows: A. Agencies under the purview of the Board of County Commissioners shall be in compliance with F.S. § 218.70, otherwise known as the "Local Government Prompt Payment Act." Pursuant to this,the requirements of this section shall apply to the following transactions: 1. The purchase of commodities and services; 2. The purchase or lease of personal property; 3. The lease of real property. B. The County Manager shall establish and maintain procedures that authorize minor payment variances between the purchase order and invoice where warranted. The authority to pay such variances shall not exceed 5% of the purchase order amount or$500, whichever is less. C. The County Manager shall establish and maintain a process that authorizes the payment of freight and delivery charges that are not specifically identified on the purchase order of less than$500. Words Underlined are added;Words Stfusk-Through are deleted. Page 1 of 4 D. It shall be the responsibility of the County Manager, in consultation with the Clerk's Finance Director and operating Divisions, to establish, procedures for the timely payment of all transactions as defined under subsection 16.A (subsection A of this section). Such procedures shall include, but are not limited to the following: 1. Formally defining the County's requirements for the content and submission of a proper invoice, codifying the County's payment requirements and notifying each vendor of their availability. 2. Steps required for the receipt of all invoices and the prompt return of improper invoices. 3. Steps required for the resolution of payment disputes between the County and a vendor. E. Each December,the Procurement Services Director and the Clerk of the Courts shall submit a report to the Board listing the number and total dollar amount of interest penalty payments made during the preceding fiscal year. F. Prior to payment, the Board shall approve all expenditures with a finding that such expenditures serve a valid public purpose. G. Vendor Payment Dispute Resolution Process. The purpose of this section is to establish a procedure whereby payment disputes with vendors who provide goods and services to the County are resolved in a timely manner and in keeping with the Local Government Prompt Payment Act. 1 Definitions. The definitions set forth in the Local Government Prompt Payment Act (Section 218.72, Florida Statutes 2016) are hereby incorporated by reference. 2 If an improper payment request or invoice is submitted by a vendor, the County's 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. 3 If the parties are unable to reach resolution on the payment dispute,the County Manager shall appoint a Hearing Examiner, to whom the matter will be referred to. The Hearing Examiner shall have the sole and full authority to thereafter resolve the dispute. The proceedings before the Hearing Examiner to resolve the dispute shall commence with 45 days after the date the payment request or improper invoice was received by the County and shall be concluded with final written decision by the Hearing Examiner within 60 days after the date the payment request or improper invoice was received by the County. These proceedings are not subject to Chapter 120, Florida Statutes, and do not constitute an administrative hearing. Rather, these proceedings are intended to be quasi-judicial, open to the public, with the written decision of the Hearing Examiner being final, subject only to certiorari review. If the dispute is resolved in favor of the County, interest charges shall begin to accrue 15 days after the Hearing Examiner's final Words Underlined are added;Words StFuelE-Thfeugh are deleted. Page 2 of 4 decision. If the dispute is resolved in favor of the Vendor, interest begins to accrue as of the original date the payment became due. 4 If the County does not timely commence this dispute resolution process within the time required, a contractor may give written notice to the County of the failure to timely commence this dispute resolution procedure. If the County fails to commence this dispute resolution procedure within four business days after such notice, any amounts resolved in the contractor's favor shall bear mandatory interest, as set forth in Chapter 218, Florida Statutes, from the date the payment request or invoice containing the disputed amounts was submitted to the County. 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. 5 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. 6 The conduct of the Hearing Examiner proceedings, including notice, process, and criteria, shall be set forth the Procurement Division's Policies and Procedures. SECTION TWO: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law,the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: Effective Date. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this I y day of June, 2016. Words Underlined are added;Words Struck are deleted. Page 3 of 4 ATTEST: •ti 4p, BOARD OF COUNTY COMMISSIONERS DWIGHrE:IIROCIf `Cleik COLL R COUNTY, FLORIDA 1;4_ 1. ti;. 7z ft `+l By: 9 I + h ) puty Clerk DONNA FIALA, CHAIRMAN sig tli , 1 ; .. Appr . ; r Orm . •• egality: mu. Jeffre 1• . 4 atzkow, County Attorney This ordinance filed with the Secretory of Stele's Office tt: 1544"day of Sate—,'3-9-L— and acknowledgement of that Iilira..received this day of ..1o11C o0ilt? puty C1ork Words Underlined are added;Words,` sk-Threegh are deleted. Page 4 of 4 Al —(4...*:'';' :14 dtY 4 f n90 wl t ' FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State June 15, 2016 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Teresa L. Cannon, BMR Senior Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2016-19, which was filed in this office on June 15, 2016. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us