SB 391

This bill directs expenditure of $30,000 from moneys appropriated to the

Department of Natural Resources (DNR) for the current fiscal biennium for wild

turkey population development, management, preservation, restoration, and

maintenance in payment of a claim against DNR made by Stillmunkes, Inc. The

claimant contracted to perform brush removal and forestry services at the

Yellowstone Wildlife Area in 2008. DNR issued the claimant a purchase order in the

amount of $20,800 for work to be completed by May 31, 2008. The purchase order

stated that this amount was an estimate and the actual amount to be paid to the

claimant would be based upon the actual amount of authorized services delivered.

The claimant states that it encountered unforeseen weather conditions and was

forced to remove larger brush and logs than DNR represented and that it obtained

oral approval of DNR to work beyond the completion date and to perform additional

work. DNR recommended denial of the claim. DNR states that it approved the

claimant's request to work beyond the completion date but did not approve any work

in an amount exceeding the amount estimated in the purchase order and the

claimant did not submit proof that additional work beyond the amount estimated in

the purchase order was performed. The claimant claimed $76,050, representing the

difference between the value of the amount of work it states was performed and the

amount paid by DNR ($20,800). The claims board recommended payment of this

claim in the reduced amount of $30,000 based upon equitable principles (see

Senate

Journal

, p. 325).