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January 2, 2003

COMPTROLLER'S MEMORANDUM NO. 07 (2002-03)

SUBJECT: CONTRACTUAL SERVICES – CONTRACTS SIGNED AFTER SERVICES ARE RENDERED

This Comptroller's Memorandum (CM) replaces and clarifies CM No. 01 (2002-03).

Section 287.058 (2), Florida Statutes, requires that both parties shall sign a written agreement or contract prior to the rendering of the services for contractual service agreements costing in excess of Category Two, except in the case of a valid emergency as certified by the agency head. The certification of an emergency shall be prepared within 30 days after the contractor begins rendering the service. It must state the particular facts and circumstances that precluded the execution of the written agreement prior to the rendering of the service. If an emergency does not exist, the agency head shall certify the specific conditions and circumstances which caused the noncompliance and describe the corrective action taken to prevent a recurrence of the noncompliance. This certification must also be prepared within 30 days after the contractor begins rendering the service. A copy of the certification shall be furnished to this office with the voucher authorizing payment.

If the agency head has not, within 30 days after the contractor began rendering the service, certified a valid emergency or, in the absence of a valid emergency, certified the conditions and circumstances which caused the noncompliance, the only legal basis for making payment is a settlement agreement. In such cases, the agency and contractor must enter into a settlement agreement that requires approval of this office, in accordance with CM No. 4 (1987-88), in order to process payment for services rendered.

If you have any questions, please call Sandra Chapman at 850-410-9301, SUNCOM 210-9301 or Sharon Schrader at 850-410-9323, SUNCOM 210-9323.