December 18, 1991
COMPTROLLER'S MEMORANDUM NO. 11 (1991-92)
SUBJECT: CONTRACTUAL SERVICES - CONTRACTS
SIGNED AFTER SERVICES ARE RENDERED
Section 287.058 (2), Florida Statutes,
requires that, except in the case of a valid emergency as certified
by the agency head, for contracts for contractual services costing
in excess of the threshold of Category One, a written agreement
shall be signed by both parties prior to the rendering of the
services. It further provides that if this requirement is not
met, the agency head shall, within 30 days after the contractor
begins rendering the services, certify the conditions and circumstances
which caused the noncompliance and describe the corrective action
taken to prevent a recurrence of the noncompliance.
We have reviewed this matter and concluded
that when services are rendered prior to the execution of the
contract by both parties and the agency head has not within 30
days after the contractor began rendering services, 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 for the services is a
settlement agreement. In such cases it will be necessary for
the agency and the contractor to enter into a settlement agreement,
which must be approved by this office in accordance with instructions
provided in Comptroller's Memorandum No. 4 (1987-88), in order to process payment for services
rendered.
Please contact the Bureau of Auditing
at 488-4094, SUNCOM 278-4094 if you have questions.
