Commissioners ratify 60-day subcontractor arrangement after dispute over senior lawn-mowing contract

Trumbull County commissioners on the record Monday ratified a 60-day third-party subcontract so a landscaping firm can continue providing lawn and snow services for the county's senior program while the county verifies invoices.

The action came after public comment from a subcontractor and the primary contractor about unpaid bills and alleged failures to perform. Mike Tonkovich, who said he is a subcontractor for Comfort Keepers, told the board he had documentation showing his crews completed scheduled work and that allegations to the contrary were false.

"Nothing could be further from the truth," Tonkovich said, adding that his company keeps individual service sheets and logs. Dave Merkin, who identified himself as representing Merkin & Associates/Comfort Keepers, said the contractor submits an invoice plus attached reports and individual service sheets and that county staff had those records.

Diane Jakovic, the senior levy administrator, said she was requesting copies of the subcontractor's invoices to confirm the numbers billed to the contractor matched what the subcontractor billed. "My contract or our contract is with Merkin and Associates. In their accounts payable file, they should have an invoice from that subcontractor," she said.

The board heard competing claims about whether providing subcontractor invoices would violate privacy or HIPAA rules. One participant said he had spoken with Joe Rossi of Direction Home (the area Department of Aging) who told him the referral process could implicate privacy rules; another county official emphasized that administrators must follow contract and audit rules.

Bill Danso of the prosecutor's office told the board that vendor disputes are typically resolved between department heads and vendors and that this matter did not clearly fit an executive-session exception because litigation was not yet imminent. "There is no executive session that I felt fit this situation for doing this in private," Danso said.

Faced with Merkin's announced 60-day termination of the county contract, the board moved to ratify a third-party agreement authorizing Motown Landscaping to perform services for the remainder of the 60-day notice period on the condition that all invoicing under the contract would be paid upon receipt of proper documentation and records by Trumbull County. Commissioner Malloy made the motion, which was seconded and approved by the board.

As part of the implementation, commissioners discussed a verification process for snowplowing: Motown will submit daily lists of services and the county will have three days to confirm or deny individual claims so that disputes are resolved promptly.

The board also directed that once the subcontractor provides the requested documentation, county staff and the prosecutor's office should review the records to determine whether the invoices meet contractual requirements and can be paid.

The ratification is intended to maintain services for senior residents while the county completes its audit and procurement review. Commissioners noted the county plans to issue an RFQ for lawn and snow services to line up vendors for the future.

What happens next: The subcontractor was given 60 days to provide documentation; county staff will review records with legal counsel and pay invoices that satisfy contractual documentation requirements. If documentation is not provided, the county indicated it will treat unpaid amounts as a debt matter and pursue appropriate follow-up.

Votes at a glance: The motion to ratify the third-party agreement carried on a recorded voice vote with all commissioners voting in favor.

(Reporting note: Quotes and attributions are taken from the meeting transcript and public comment.)