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In the final analysis and pursuant to the contract provisions, I feel the final payment to Great Western <br />should be based on the following calculation: <br />Unpaid Contact Items $4,857.00 <br />Added costs for Dianna Lane 1,944.94 <br />Subtotal 6,801.94 <br />Less: <br />Sewer Claim 912.05 <br />City Cost to Install Alarms 626.00 <br />Payment of August 29 °i 5,000.00 <br />TOTAL DUE $263.89 <br />With the hearing officer's award of $2,728.44 and Great Western's failure to take responsibility for the <br />sewer backup, our exposure becomes $3,640.49 or a difference of $3,376.60. The sewer claim issue also <br />creates the possible involvement of the League of Minnesota Cities Insurance Trust due to subrogation. <br />(We are currently exploring this possibility with them.) Therefore, I am not prepared to recommend <br />we pay the hearing officer's award and would like authority for the City Attorney and I to pursue this <br />matter in District Court if we feel it would be in the City's best interests. <br />Mr. Walt Boorsma of Great Western Corporation has asked to placed on Wednesday's agenda to question <br />"why the City doesn't pay its bills ?" The City Attorney may recommend we go to close session to <br />discuss this matter. <br />Page 138 <br />