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This morning we plunked down $87.75 in cash (and got the receipt) for one sealed envelope which contained the results of one of our Missouri Sunshine Law requests concerning the contract between KOKO Radio (D&H Media) and the University of Central Missouri.

“Could I get a receipt?”

Our previous coverage:

Three steps behind, and to the right (January 25, 2008)

Three steps behind, and to the right, part 2 – a microcosm of our universe (September 21, 2009)

“A Gentleman’s Agreement”? (October 15, 2009) (transcript of a portion of the live radio broadcast)

It wasn’t just about a tree (October 21, 2009)

“A Gentleman’s Agreement?”: I heard it on the radio (October 21, 2009)

“A Gentleman’s Agreement?”: let’s not get cut out of the will (October 22, 2009)

Back to our request for information. The sealed envelope contained three sheets of paper.

Update below

A printed copy of the e-mail exchanges pertaining to this Sunshine law request was in the envelope:

[…]date: Tue, Oct 20, 2009 at 4:55 PM

subject: Re: Missouri Sunshine Law Request for KOKO radio contract information

[….]In accordance with Section 610.024 1.(1) “.. ..Research time required for fulfilling records requests may be charged at the actual cost of research time. Based on the scope of the request, the public governmental body shall produce the copies using employees of the body that result in the lowest amount of charges for search, research, and duplication time. Prior to producing copies of the requested records, the person requesting the records may request the public governmental body to provide an estimate of the cost to the person requesting the records.

. .”

The cost of compiling a report that responds to your request is $87.75.  The report will be made available to you once payment is remitted.

Sincerely [….]

>>>[….] 10/19/2009 7:20 AM >>>

Thank you for your response.

In reading the contract I note:

1) Under Paragraph 13 it is stated that the parties to the contract are required to meet annually to “review and reconcile the gross advertising sales information.” Is it the assertion of the University, as indicated by the response to my original request, that no further communications have taken place concerning compliance with Paragraph 13?

If the meetings(s) took place, this is a request for communication(s) concerning the scheduling, agenda, and actions of any meetings concerning compliance with paragraph 13 of the contract.

2) Under Paragraph 12 KOKO is required to make quarterly payments to the University. This is a request for the dates and amounts of those payments since the inception of the contract.

Thank you [….]

On Fri, Oct 16, 2009 at 11:46 AM [….]wrote:

>

> Pursuant to your request, I am attaching a copy of the contract between UCM

> and D&H Media, LLC.  There is no addenda to the contract, nor am I aware of

> any other communications concerning the contract.

>

> Sincerely, [….]

>

>

>>>> [….] 10/15/2009 10:30 AM >>>

> This is a request under RSMo 610 for the following information:

>

> 1. The multi-year contract between KOKO radio and the University of

> Central Missouri for coverage of intercollegiate athletics activities

> signed in 2005 (or possibly 2004).

>

> 2. Any and all addenda for said contract.

>

> 3. Any and all communications between KOKO radio and the university

> concerning compliance with that contract.

>

[….]

And a single printed sheet containing the following information (Update: The actual document):

KOKO Revenues

2009

UCM Revenues Earned

4 Quarterly payments of $3,750 – $15,000

Gorss Gross Advertising Sales – $80,451

25% Revenue Share for UCM – 20,113

Total Owed to UCM by KOKO – 35,113

Compensation Remitted to UCM

KOKO – Payments to UCM – $5,812

UCM Advertising Sales Collection – $29,000

Total UCM Compensation – $34,812

Amount Owed to UCM – $301

2008

UCM Revenues Earned

4 Quarterly payments of $3,750 – $15,000

Gorss Gross Advertising Sales – $81,756

25% Revenue Share for UCM – 20,439

Total Owed to UCM by KOKO – 35,439

Compensation Remitted to UCM

KOKO – Payments to UCM – $7,077

UCM Advertising Sales Collection – $29,380

Total UCM Compensation – $36,457

Amount Owed to UCM – ($1,018)

2007

UCM Revenues Earned

4 Quarterly payments of $3,750 – $15,000

Gorss Gross Advertising Sales – $81,566

25% Revenue Share for UCM – 20,392

Total Owed to UCM by KOKO – 35,392

Compensation Remitted to UCM

KOKO – Payments to UCM – $9,066

UCM Advertising Sales Collection – $27,100

Total UCM Compensation – $36,166

Amount Owed to UCM – ($775)

2006

UCM Revenues Earned

4 Quarterly payments of $3,750 – $15,000

Gorss Gross Advertising Sales – $78,356

25% Revenue Share for UCM – 19,589

Total Owed to UCM by KOKO – 34,589

Compensation Remitted to UCM

KOKO – Payments to UCM – $9,101

UCM Advertising Sales Collection – $24,300

Total UCM Compensation – $33,401

Amount Owed to UCM – $1,188

2005

UCM Revenues Earned

4 Quarterly payments of $3,750 – $15,000

Gorss Gross Advertising Sales – $67,081

25% Revenue Share for UCM – 16,770

Total Owed to UCM by KOKO – 31,770

Compensation Remitted to UCM

KOKO – Payments to UCM – $11,000

UCM Advertising Sales Collection – $23,100

Total UCM Compensation – $34,100

Amount Owed to UCM – ($2,330)

“…Under Paragraph 12 KOKO is required to make quarterly payments to the University. This is a request for the dates and amounts of those payments since the inception of the contract…”

Uh, we didn’t get the dates of those payments. We’re gonna ask again.

We’re not accountants, but to paraphrase Senator Al Franken who has done some research, neither are most Americans. When we balance our checkbooks it doesn’t quite look like this.

And we figure that since we already had the information contained in the two sheets of paper documenting our exchanges of e-mail, we were really only paying for the remaining sheet of paper.

Update:

We received an additional response to one of our Sunshine Law requests.

[….]

date: Fri, Oct 23, 2009 at 1:47 PM

subject: Re: Request for information RSMo 610

[….]Pursuant to your request of October 23, 2009, attached is a copy BOG Policy 4.1.010 – Bids and Contracts Approval Policy approved by the Board of Governors on April 18, 2001.

>>>[…] 10/23/2009 8:37 AM >>>

This a request for information under RSMo 610.

The Board of Governors policy on bids and contracts dated April 18, 2001.[…]

This is the Board of Governors policy at the time the contract was signed:

Bids and Contracts Approval Policy 4.1.010

Approved by the Board of Governors on April 18, 2001

I. Purpose

Central Missouri State Un
iversity follows a competitive bid process to ensure impartiality in awarding contracts and to ensure the best possible use of University funds.

II. Policy

The Board of Governors of Central Missouri State University:

A. Authorizes the University President or designated officials to sign off on routine items bid under $50,000.

B. Requires University officials to report items bid between $50,000 and $100,000.

C. Must approve items bid over $100,000.

Uh, that ten year contract was worth over $100,000.

The current policy has even more detail:

Approval of Contracts, Real Estate and Capital Projects Policy

Board of Governors Policy 4.1.010

Revised and Approved by the Board of Governors on September 17, 2008

I. Purpose

This policy ensures that the best possible use is made of funds available to the university.

II. Policy

A. Delegation of Authority

The Board of Governors of the University of Central Missouri:

  1. Authorizes the university president to delegate contract and decision-making authority to direct reports within limits set out in position descriptions or by written delegation and to approve short-term (not longer than one calendar year) grants of leasehold interests in university real property.

  2. Directs the university president to adopt university procedures to ensure efficiency and accountability governing bids, contracts, agreements and all commitments of university resources. The University of Central Missouri follows a competitive procurement process to ensure integrity and the best possible use of funds available.

B. Retention of Authority

The Board of Governors of the University of Central Missouri:

  1. Retains authority to purchase, regardless of the source of funding, or sell university real property for the use of the university.

  2. Retains authority to lease real property for use by the university if the lease term exceeds one year and payment exceeds Two Hundred Thousand and no/100 Dollars ($200,000), regardless of the source of funding.

  3. Retains authority to approve any agreement to purchase property or services over multiple budget years when at completion of the agreement the total commitment exceeds Two Hundred Thousand and no/100 Dollars ($200,000), regardless of the source of funding.

  4. Retains authority to approve demolition or construction of university buildings, regardless of the source of funding.

  5. Retains authority to approve capital projects, major renovations, or significant alterations that were not included in the fiscal year budget approved by the Board of Governors….

Approved by the Board of Regents on May 20, 1987

Approved by the Board of Governors on April 18, 2001

Approved by the Board of Governors on February 21, 2007

Formatting updated August 1, 2007

Approved by the Board of Governors on September 17, 2008

[emphasis added]

“Retains authority” in this policy update probably means that they claimed that same authority in 2005 when the radio contract was signed, don’t you think?