Appeal from the Order of the Board of Claims in case of Dauphin County Social Services for Children and Youth v. Commonwealth of Pennsylvania, Department of Public Welfare, Docket No. 662.
Bruce G. Baron, Assistant Counsel, for petitioner.
Neil Hendershot, Solicitor, with him, C. Doran Vance, Jr., Deputy Solicitor, for respondent.
Judges Rogers and Barry, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Rogers.
[ 90 Pa. Commw. Page 296]
The Department of Public Welfare (DPW) has appealed from an order of the Board of Claims (board) awarding Dauphin County Social Services for Children and Youth (county) the sum of $27,951.00 as reimbursement of expenditures for day care services purchased by the county.
In April, 1978, DPW and the county entered into a written contract in which DPW agreed to reimburse
[ 90 Pa. Commw. Page 297]
the county for day care services provided by the county to children from low income families in the Harrisburg-Steelton area. The contract was for the term July 1, 1978 through June 30, 1979. The estimated total costs of $928,439.00 were allocated among eight accounts or budget categories, one of which was for the purchase of slots*fn1 at day care centers.
In pursuance of its obligations under the agreement, the county entered into a service purchase subcontract with Neighborhood Day Care Center, Inc. (NDCC) for the latter to provide the day care slots. NDCC submitted monthly invoices or bills for its services to the county. After verifying the accuracy of the bills, the county paid NDCC and then billed DPW.
The county's contract with DPW expired on June 30, 1979 and on August 1, 1979, the county submitted what it described as a final invoice to DPW. On August 13, 1979, a county employee discovered that due to a clerical error the county did not include in its final invoice sent to DPW the sum of $27,951.00 which the county had paid NDCC for services rendered in June, 1979. The county immediately notified DPW of its error by telephone and, by letter dated August 23, 1979, requested that it be permitted to amend or supplement its final invoice of August 1, 1979 so as to include the $27,951.00. At the time of this request, there were $43,437.73 of unexpended funds under the contract; however, only $6,618.75 of this amount remained in the day care account or budget category.
DPW refused the county's request to amend or supplement its final invoice or to pay $27,951.00 which the county had paid out on the grounds that the invoice of August 1, 1979 was sent and received as a final invoice and that the contract ...