West Clermont Local School District
Bylaws & Policies
 

6350 - PROHIBITION AGAINST CONTRACTING WITH A PERSON AGAINST WHOM AN UNRESOLVED FINDING FOR RECOVERY HAS BEEN ISSUED

The Board of Education shall not award a contract for goods, services or construction, which is paid in whole or in part with public funds, to a person against whom a finding for recovery has been issued by the Auditor of State on or after January 1, 2001, if the finding for recovery is unresolved.

Findings for Recovery

A finding for recovery is a determination by the Auditor of State that public money has been illegally expended, public money has been collected but not been accounted for, public money is due but has not been collected, or public property has been converted or misappropriated. A finding for recovery is unresolved unless:

 A.the money identified in the finding for recovery is paid in full to the State agency or political subdivision to whom the money was owed;

 B.the debtor has entered into a repayment plan that is approved by the Attorney General and the State agency or political subdivision to whom the money identified in the finding for recovery is owned;

 C.the Attorney General waives a repayment plan described in (B.) for good cause;

 D.the debtor and State agency or political subdivision to whom the money identified in the finding for recovery is owed have agreed to a payment plan established through an enforceable settlement agreement;

 E.the State agency or political subdivision desiring to enter into a contract with a debtor certifies, and the attorney general concurs, that all of the following are true:

  1.essential services that the State agency or political subdivision is seeking to obtain from the debtor cannot be provided by any other person besides the debtor;

  2.awarding a contract to the debtor for the essential services described above is in the best interest of the State;

  3.good faith efforts have been made to collect the money identified in the finding for recovery;

 F.the debtor has commenced an action to contest the finding for recovery and a final determination on the action has not yet been reached.

Verifying Status Regarding Findings for Recovery

Prior to the Board awarding a contract for goods, services, or construction, paid in part or in whole with public funds, the Treasurer, as the Board's designee, must verify that the person or entity to whom the contract is to be awarded does not appear in the database maintained by the Auditor of State, listing those with findings for recovery against them. The Treasurer must then print a certification page from the database, documenting that the person or entity is not subject to an unresolved finding for recovery, and keep this certification on file.

Contracts Not Applicable

This policy does not apply to contracts that meet the following criteria:

 A.the cost for the goods, services, or construction under the contract is estimated to cost less than $25,000; or

 B.the aggregate cost for the goods, services, or construction under multiple contracts entered into within the fiscal year preceding the fiscal year within which the contract is being entered into by the same parties is estimated to cost less than $50,000.

The policy may apply to a contract renewal of a contract previously entered into and renewed pursuant to that preceding contract as long as it is not exempt because of the contract amount.

The policy does not apply to contracts with bonding companies or insurance companies, unless a court has entered a final judgment against the company and the company has not yet satisfied the final judgment.

The policy does not apply to employment contracts.

http://www.auditor.state.oh.us/WhatsNew/FFR/

R.C. 9.24

© Neola 2009