§ 2.06.080. Complaint and investigation.

A.

Any claims made pursuant to Sections 2.06.040 and 2.06.050 above are subject to investigation end notice of violation and demand for payment and interest penalties by the Liaison. A Local Prime Contractor, Subcontractor or grant recipient who alleges violation of any provision of this chapter may report such acts to the Liaison.

B.

Complaints shall be handled as follows:

1.

The claimant shall submit a completed complaint form and copies of invoices or billing documents that have been submitted to the city, to a city purchase contractor or grant recipient or to a Manager/Operator. To expedite investigation, the claimant shall also submit any documents in their possession showing that his/her goods and/or services or other deliverables have: been rendered to and inspected or reviewed and accepted by the city or grant recipient or Manager/Operator in connection with the claim.

2.

The Liaison shall collect a security deposit in the form of cash, certified check, or bond in an amount sufficient to cover the claim from the Manager/Operator or contractor or grant recipient that has disputed the invoice. If a Manager/Operator or contracter or grant recipient that is required to post security fails or refuses to do so, the Liaison may withhold funds from the next progress payment sufficient to cover the claim, except that in the case of grant recipients such withholding shall be done only if it is not in conflict with requirements of the grant recipient's grant funding source. Upon the Liaison's determination that the invoice is valid the cash, certified check or bond shall be released to the claimant. If the Liaison finds in favor of the contractor the cash, certified check or bond shall be returned to the contractor or grant recipient.

3.

The Liaison shall contact the city agency, department, Manager/Operator or contractor or grant recipient responsible for payment within five (5) business days of receipt of the complaint form to investigate the claim. The Liaison's determination of whether an invoice is valid shall be based on the following:

(i)

Whether the invoice conformed to requirements defined in Section 2.06.020 of this chapter, at the time of submission to the contractor,

(ii)

Whether there is a discrepancy between the invoice or claimed amount and the provisions of the purchase contract,

(iii)

Whether there is a discrepancy between the invoice or claimed amount and either the contractor's actual delivery of goods and/or services to the city or the community at largo, or the city's acceptance of such goods and/or services,

(iv)

Whether the city agency, prime contractors, subcontractors or grant recipient responsible for payment provided timely notice of the disputed invoice as required under 2.06.050 (A),

(v)

Whether additional evidence supporting the validity of the invoice or claimed amount must be provided by the claimant, and

(vi)

Whether the expenditures or other claims set forth in the invoice submitted by the grant recipient complies with the requirements of the grant funding source.

4.

There shall be no appeal of the Liaison's determination in favor of the complainant. If, however, the Liaison determines that the complainant's invoice provides insufficient evidence for payment, the complainant shall be advised of the additional information required for payment and given an opportunity to provide the same.

5.

When the Liaison determines that a violation of this chapter has occurred, the Liaison shall assess interest penalties at the rate provided in Section 2.06.060 of this chapter and issue a demand to the city employee responsible for administering the related purchase contract or grant agreement, the Manager/Operator, the prime contractor, the subcontractor or grant recipient responsible for the late payment. The city shall issue a check for the amount of the undisputed claim and interest penalties assessed by the Liaison to the Local Prime Contractor or grant recipient within (5) five business days of the date of the Liaison determination. The city may seek review by the City Administrator of Liaison determinations for claims submitted by Local Prime Contractors or grant recipients.

(Ord. No. 13269, § 1, 11-18-2014; Ord. 12857 § 1 (part), 2008)