§ 1-51.6. Prompt payment policy


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  • (a) Generally:

    (1) The "Florida Prompt Payment Act" (Ch. 89-297, § 4, Laws of Fla.) and as it may in the future be amended, is hereby incorporated into and is made a part of this section.

    (2) There is hereby established a prompt payment policy and standard of the board of county commissioners. This self-imposed payment standard shall be more exacting than the standard established by the Florida Prompt Payment Act. The policy and its standard shall be as follows: Where Broward County government purchases goods, services, or personal property, or leases personal or real property, the time at which payment shall be due from Broward County government to the vendor shall be thirty (30) calendar days from dates specified in the Florida Prompt Payment Act.

    (3) There is hereby established a procedure and process for deciding promptness of payment disputes between vendors and Broward County government. The dispute resolution procedure shall be in furtherance of and in accordance with the Florida Prompt Payment Act.

    (4) The administration of Broward County government shall be responsible for execution of the prompt payment policy. The administration shall adopt procedures for the execution of the prompt payment policy. As required by the Florida Prompt Payment Act, the administration also shall establish procedures whereby all invoices received by Broward County government shall be marked as having been received on the date on which they are first delivered into the hands of a county employee or agent, or on the date they are first delivered to a county office or facility.

    (5) The administration of Broward County government shall provide an annual report to the board of county commissioners. The report shall be submitted in December of every year. The report shall set forth the number of interest payments and the total dollar amount of interest payments that were paid during the preceding fiscal year to vendors because of the Florida Prompt Act and this.

    (b) Hearing Officer:

    (1) There shall be, and there is hereby created, a prompt payment hearing officer. The board of county commissioners by this section 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 Broward 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 Broward 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 Broward County government regularly compensated officer or employee shall be eligible for selection as a hearing officer. However, concurrent or former appointment to a Broward 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 Broward County Governmental Center.

    (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 Florida Prompt Payment Act or this section. The hearing officer's written rules shall be published in the Broward County Administrative Code; however, the absence of the adoption or publication of rules shall not preclude the hearing officer from holding proceedings and rendering decisions.

    (7) The finance and administrative services department 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.

    (c) Hearing Procedures:

    (1) The general pattern of the process to resolve disputes between Broward County government and vendors will be generally as follows: A dispute may arise between Broward County government and a vendor because of the vendor's assertion that the county has failed to pay the vendor's invoice within thirty (30) calendar days after the due date established in the Florida Prompt Payment Act. The controversy will center typically on the following issue: What is the correctly calculated date that payment was due from Broward County government to a vendor, and whether Broward County government effected payment to the vendor. The prompt payment hearing officer shall decide the issues. The decision shall be either in favor of the vendor or in favor of Broward 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 Florida 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 final order shall be prepared and signed before the conclusion of a proceeding. The hearing officer shall not adjourn to an additional day or time for the purpose of preparing a final order. The text of the final order shall find facts and make conclusions, which conclusions shall be deducible from the facts as found by the hearing officer. The hearing officer shall find and iterate the facts specially and thereafter state separately a conclusion. The findings of fact shall be stated in nonargumentative 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 Florida 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 Florida 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; however, in addition, no invoice submitted by a vendor shall be considered a proper invoice unless the invoice is an original invoice, is delivered to the county in accordance with the purchase order, and sets forth the following and additional information:

    (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

    (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 the vendor's federal identification number; and

    (6) The invoice shall set forth a description of the goods or services or property provided to the county; and

    (7) The invoice shall set forth the county's part or item number for each item or part delivered; and

    (8) The invoice shall set forth the delivery terms set forth within the county purchase order; and

    (9) The invoice shall set forth the location and date of delivery of the goods or services or property to the county; and

    (10) The invoice shall set forth the quantity of the goods or services or property provided to the county; and

    (11) The invoice shall set forth the unit price of the goods or services or property provided to the county; and

    (12) The invoice shall set forth the extended total price of the goods or services or property provided to the county; and

    (13) The invoice shall set forth applicable discounts.

(Ord. No. 89-49, §§ 1—4, 12-12-89)

refeditor

Ord. No. 89-49, adopted Dec. 12, 1989, effective Jan. 1, 1990, amended this Code by adding provisions designated by the editor as § 1-51.6.

refstatelaw

Florida Prompt Payment Act, § 218.70, F.S. et seq.