Item E3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: AUGUST 17, 2000
Division: TDC
Bulk Item: Yes XXX No
Department:
N/A
AGENDA ITEM WORDING:
Consideration of payment in an amount not to exceed $11,953.32 for
invoices submitted for WomenFest '98.
ITEM BACKGROUND:
See Attached.
PREVIOUS RELEVANT BOCC ACTION:
BOCC at their meeting of June 15, 2000 requested that the TDC return to
the BOCC with a report of an examination of actual invoices, their
recommendation on payment and suggested wording of policies
concerning late payment.
STAFF RECOMMENDATION:
APPROVAL NOT RECOMMENDED BY TDC
TOTAL COST:$11 ,953.32
BUDGETED: NO
COST TO COUNTY: $11 ,953.32/TOURIST PAY
APPROVED BY: County Attorney OMB/Purchasing_ Risk Management
DIVISION APPROVAL:
Lynda M. Stuart
(Type/print name)
DOCUMENTATION: Included: X To Follow: Not Required
Agenda Item #~-3
BOARD OF COUNTY CONfNITSSIONERS
AGENDA ITEM Sillv11v1ARY
JUNE 15,2000
Division: TDC
Bulk Item:
. No
Department:
N/A
AGENDA ITEM WORDING:
Consideration of payment in an amount not to exceed $11,953.32 for invoices submitted for WomenFest '98.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:.
BOCC entered into an agreement with Starfrre Unlimited, Inc. on November 12, 1997 to produce Women Fest
Key West on September 7 - 13, 1998 in the amount of $25,000 (budget year FY 1998)..Event coordinator
submitted a total of $13,046.68 in expenses prior to FY 98 year end. Event coordinator recently submitted
invoices to the Finance Dept. against this agreement. Due to the length of time and the fact there is no
allocation in the FY 2000 budget, Mr. Danny Kolhage requested that the TDC and BOCC approve the
allocation of the remaining funds. Within the agreement it states "Monroe County's performance and
obligation to pay under this agreement is contingent upon an annual appropriation by the BOCC". Assistant
County Attorney Hutton advised the TDC that although the County could reply on this language in denying
payment, there is considerable case law governing equitable principles requiring payment for services rendered
even if there is language such as this in a contract. Thus payment is due to the contractor providing appropriate
. backup required by the Finance Dept. was provided. However, the TDC noted that the fact that the contractor
Nas aware of the budget year end and the allocation was not brought forward to the FY 2000 budget and due to
the length of time that has past, the TDC declined to recommend payment.
STAFF RECONfMENDATION:
APPROV AL NOT RECONfMENDED BY THE TDC
TOTAL COST: $11,953.32
BUDGETED: NO
COST TO COUNTY: $ 11,953.32
/TOURIST PAY
APPROVED BY: County Attorney
ONIB/PurchasinL Risk Management
DIVISION APPROVAL:
Lynda M. Stuart
(Type/print name)
DOCUMENTATION: Included: /To Follow: _Not Required
Agenda Item #
THE FLORIDA KEYS & KEY WEST
Come as you are T"
P.O. Box 866, Key West, Florida 33041 U.S.A. (305) 296-1552 fax: (305) 296-0788
MEMORANDUM
DATE:
July 20, 2000
TO:
Monroe County Board of County Commissioners
FROM:
Captain Bill Wickers
RE:
WOMEN FEST '98
At the request of the Monroe County Board of County Commissioners TOC staff examiAed the actual
submission by the event sponsor of backup for Womenfest 1998. Of the approximate $12,497.27 of items
submitted. staff was able to reconstruct $6,870 of reimbursement and/or direct payment subject to verification
by the County Finance Department. Attached please find a summary report and memo dated July 7, 2000
provided to the TOC.
However, a motion to allocate the funding within the FY 2000 budget failed.
The TOC will address su~gested wording of policies conceming late payment at their regularly scheduled
meeting of September 6 ,2000.
Attachments (2)
P.O. Box. 866, Key west, Florida 33041 U.S.A. (305) 296-1552 fax: (305) 296-0788
htto://www.fla-keus.com KeysSaleS@ZoLcom
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
MEMORADUM
DA TE:
July 7,2000
TO:
Monroe County Tourist Development Council
FROM:
Harold Wheeler
RE:
WOMENFEST '98
Historical Review
WomenFest '98 (September, 1998 event) was funded in Fiscal Year 1998 and the balance not
expended was brought forward into FY '99. In that no further reimbursements were received in
fiscal year 1999, no allocation was brought forward within the FY 2000 budget.
Danny Kolhage declined to accept a late reimbursement package from the above event
sponsor due to no FY 2000 allocation and further requested of the TDC a 'finding of fact' in this
regard. The TDC at their May 3, 2000 meeting addressed the request of the event coordinator
to pay bills remaining from the September, 1998 Womenfest event. After Womenfest '98 was
completed and reimbursement requests would have normally been submitted, the event
sponsor (Starfire Unlimited) experienced a loss of records due to Hurricane Georges. At that
time, the sponsor was advised to go to her vendors to obtain duplication documentation. The
sponsor has now requested compensation under this contract. As stated above, no allocation
was brought forward to the FY 2000 budget.
Within the agreement it states "Monroe County's performance and obligation to pay under this
agreement is contingent upon an annual appropriation by the BOCC. Assistant County
Attorney Hutton advised the TDC that although the County could rely on this language in
denying payment, there is considerable case law governing equitable principles requiring
payment for services rendered even if there is language such as this in a contract. Thus
payment is due to the contractor providing appropriate backup required by the Finance Dept.
was provided. Exhibit A However, the TDC noted that the fact the contractor was aware of the
budget year end and the allocation was not brought forward to the FY 2000 budget and due to
the length of time that has past, the TDC declined to recommend payment.
The BOCC at their meeting of June 15, 2000, remanded this item back to the TDC with a
request that they return to the BOCC with a report of an examination of the actual invoices,
their recommendation on payment and with suggested wording of policies concerning late
payment. Exhibit B
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When Ms. Harrington attempted to deliver the package of reimbursements to the TDC
Administrative Office and due to the length of time involved and the fact there was no
allocation in the FY 2000 budget, the reimbursement package was not accepted by our office.
Ms. Harrington called Assistant County Attorney Hutton from our office and arranged for Ms.
Hutton to accept the package. Ms. Harrington met with Ms. Hutton and provided her with the
reimbursement package. Subsequently, Ms. Hutton provided the package to the Finance
Dept. but staff did not review same. Consequently, the package was not altered in any way.
At the Request of the BOCC
1. Examination of actual invoices: The package was returned to the Administrative Office
and staff has reviewed the contents. Exhibit C Although it has been noted on a cover
letter from Ms. Harrington that the only original documents that she was unable to produce
were the contact sheets, negatives and original photographs (destroyed during Hurricane
Georges), our review indicated a number of items lacking proper backup over and above
that mentioned. The submission is confusing and difficult to ascertain the intent of the
request.
2. Recommendation on payment: The TDC declined to recommend payment at their May 3,
2000 meeting.
3. Suggested wording of policies concerning late payment: Ms. Hutton has provided
suggested wording to be inserted as part of the scope of services within contracts that the
courts might accept as a reasonable argument that the contractors waived their rights
under the statute of limitation through a clause which restricts reimbursement to one
calendar year after the date of payment. Exhibit 0