Title
Treasurer-Tax Collector recommending the Board order the return of a erroneous deposit to Wittman Enterprises, LLC in the amount of $28,730.61; and recommending Auditor-Controller be authorized to issue a check for same.
RECOMMENDED ACTION: Approve.
Body
BUDGET SUMMARY:
Total Estimated Cost $28,730.61
Funding
Budgeted $
New Funding $
Savings $
Other $28,730.61
Total Funding Available $28,730.61
Change To Net County Cost $0.00
Fiscal Impact/Change to Net County Cost: None
Background: Wittman Enterprises LLC is retained by the County Public Health Department to process the payments to the County from recipients of ambulance services including the depositing of those payments into an account for the benefit of the County. Wittman provides similar services to other clients. On January 31, 2007, Wittman inadvertently deposited checks totaling $28,730.61 into the County’s bank account. The checks were for the benefit of a different client of Wittman and should have been deposited into that client’s account. (Attached as Exhibit A is a correct copy of Wittman’s letter dated February 8, 2007). Wittman, upon discovering the error requested that the amounts be returned. Wittman has executed a Release of All Claims, Hold Harmless and Indemnity Agreement whereby Wittman will defend and indemnify the County against and from and all claims, demands, actions, penalties, fees or other charges arising from the erroneous deposit or the return of the funds. (Attached as Exhibit B is a copy of the Release of All Claims, Hold Harmless and Indemnity Agreement).
Reason for Recommendation: Government Code section 26906 provides that “Any money other than taxes erroneously paid into the county treasury may be returned to the person paying it in upon a warrant drawn by the auditor on the order of the board of supervisors based upon such voucher as shows proper evidence of the facts.” Wittman...
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