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MINUTES OF THE REGULAR ORONO COUNCIL MEETING — SEPTEMBER 23, 1991 <br />( #19) POLICE SERVICE CONTRACT WITH LONG LAKE <br />Moorse explained that after the last meeting, he wrote a <br />letter to Long Lake requesting payment for past due contract <br />police service fees. He noted that he did get a response from <br />their City Attorney and had received payment for the third <br />quarter service that very day. He explained that this payment <br />did not include the 1989 disputed amount. Moorse explained that <br />we did not get the full amount for 1991 services as Long Lake <br />failed to budget the full amount of the contract. They have <br />asked Orono to change the schedule to make up for the difference. <br />He noted they have a credit from 1990 that offsets-most of the <br />difference, and at the end of the year, will produce.a zero balance. <br />Jabbour asked the City Attorney to clarify how often Orono <br />is allowed to review the contract. <br />Barrett advised that both cities can mutually agree to <br />change the terms of the contract, but unilaterally it can only be <br />changed once a year. <br />Jabbour noted that if the City of Long Lake chose not to pay <br />for the next year, it would put the City in a negative cash flow. <br />Barrett noted that Orono could consider Long Lake's <br />inability to pay as breach of contract and discontinue service <br />because of that breach. <br />Butler noted that the language of the contract needs to be <br />revised to reflect late payments. She felt that a deadline must <br />be set, and if payment has not been received by that date, <br />service would be discontinued. She felt a provision that set an <br />escalating late fee might help the situation. <br />Jabbour stated that staff should bill for the next quarter <br />immediately, and if payment is not received on time, the contract <br />should be cancelled. <br />Goetten felt that this is a very disturbing situation, but <br />noted that the Council has no choice but to cancel due to lack of <br />payment. <br />It was moved by Jabbour, seconded by Butler, to cancel the <br />police protection service contract with Long Lake if the fourth <br />quarter payment is not in —house by October 10, 1991. If payment <br />is received by that date, staff should proceed with 1992 budget <br />negotiations. <br />Butler remarked that she had checked into past payments and <br />found the following: <br />Due Billed Paid <br />January 1, 1991 End of January Late April <br />April 1, 1991 Late -in March June 21, 1991 <br />July 1, 1991 July 11, 1991 September 23, 1991 <br />13 <br />