§ 20-108. Definitions.

As used in this article, unless the context otherwise requires:

(a)

Account payable means a liability incurred by the city pursuant to a contract, evidenced in a demand upon the city and legally due and payable by the manager of finance.

(b)

Agency or department is an administrative division of the city.

(c)

Complete and responsive invoice means an invoice that:

(1)

Complies with any and all applicable requirements of the city's Charter, ordinances, regulations, executive orders or fiscal rules (including, but not limited to, the prevailing wage ordinance), or any other applicable state or federal law.

(2)

Reflects the goods and/or services provided by the contractor to the agency or department scheduled to receive them.

(3)

Reflects goods and/or services that comply with contract or project specifications and are satisfactory.

(4)

Reflects goods and/or services that have successfully met requirements for any extended testing, setup, assembly and/or acceptance period.

(5)

Clearly states an invoice date, a unique invoice number and, if applicable, any city-generated purchase order or contract number related to the transaction for which the invoice is being generated.

(6)

Reflects prices on the invoice that are reasonable or just and in accordance with the order or bid.

(7)

Is submitted by a contractor that has provided to the manager of finance an accurate taxpayer identification number and all other information necessary to identify the recipient of the city payment to the U.S. Internal Revenue Service or other taxing authority.

(8)

Is submitted in substantial compliance with the city's billing or invoicing instructions, including but not limited to instruction as to provision or delivery of the invoice to the proper city official or agency.

(9)

Reflects that, if applicable, the contractor has complied with all pertinent requirements of the Standard Specifications for Construction General Contract Conditions and/or special conditions and other terms or conditions of the contract at issue.

(10)

Is otherwise complete and free of errors.

(11)

Reflects that no unresolved disputes exist between the contractor and the city with respect to the subject matter of the invoice.

(d)

Contract shall mean a formally executed, written contract or lease, or purchase order or other lawfully incurred contractual purchase obligation, whether oral or written, prepared and undertaken in compliance with standard city procurement procedures, evidencing a lawfully incurred contractual obligation pursuant to provisions of the Denver City Charter, Code, executive orders, or regulations, to which the city is a party and incurs financial obligations to the other party or parties.

(e)

Contractor means a contractor, consultant, vendor or lessor under a city contract.

(f)

Day means calendar day, unless otherwise defined.

(g)

Discount means a contractor authorized reduction of an account payable for early payment of a demand.

(h)

Due date means the day a payment made by the city pursuant to a complete and responsive invoice is scheduled to be paid without assessment of interest. Such date may be calculated using contractor payment terms specified in the invoice or as soon thereafter as may be practicable, as set out in subsection 20-110(b) below.

(i)

Expending authority or paying agency means the official of the city agency or department having authority by ordinance to expend monies with respect to a particular invoice, or such official's designee.

(j)

Interest accrual date is the date upon which the city begins to incur an obligation to pay interest on an unpaid complete and responsive invoice previously received by the city. The interest accrual date shall be the later of thirty-six (36) days after the invoice date on a complete and responsive invoice, or the date to which the interest accrual date applicable to such invoice is adjusted as set out herein.

(k)

Invoice date is the date of issuance of the contractor's complete and responsive invoice submitted to the city, which is placed on the invoice by the contractor.

(l)

Payment means:

(1)

The manager of finance places a warrant, check or other payment into the U.S. Mail, postage prepaid;

(2)

A warrant, check or other payment is available for pick-up at the request of the contractor or the expending authority or paying agency; or

(3)

A warrant, check or other payment is transferred electronically from or on behalf of the city.

(m)

Prompt payment dispute arbiter is the individual designated to settle disputes. Such arbiter shall be appointed by the manager of finance.

(n)

Prompt payment means issuance of a warrant, check or other payment by the manager of finance in payment of an account payable on the basis described below in subsection 20-110(a).

(o)

Subcontractor means subcontractors, sub-consultants and suppliers of all tiers under contractors as defined herein.

(Ord. No. 1121-01, § 1, 12-26-01; Ord. No. 775-07, § 51, 12-26-07; Ord. No. 604-12, § 1, 11-26-12)