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City of Lino Lakes, Minnesota <br />Management Report <br />Capital Project Funds <br />As the connection charge liability reached significant levels, internal City correspondence <br />indicates that the City's internal control system identified the need to comply with the terms of <br />the agreement. Identification of contract compliance issues is an important first step in an <br />effective contract compliance control structure. <br />The second step after identification is to follow through with required compliance. The <br />City's internal control failed this important second step. In the minutes of a project management <br />meeting on January 20, 1993, as provided to our office, the connection charge liability was <br />discussed as follows: <br />III. C. Sewer/water payments - Shoreview - It was determined that payments would be <br />submitted upon receipt of proper billing. <br />The above position did not acknowledge that payment was a prerequisite to connection to <br />the Shoreview system. The compliance sequence as outlined in the agreement was as follows: <br />Proposed connections <br />subject to Shoreview <br />Engineer calculation of <br />charges <br />Payment of obligation <br />to Shoreview <br />Connection to system <br />The above illustration is based on the defined terms of the agreement as follows: <br />"Prior to the connection of the buildings to the Shoreview watermain [sanitary sewer <br />facilities] or to extensions of such watermain the total of the following connection charges, <br />as computed by the Shoreview engineer, shall be paid to Shoreview by Lino Lakes:" <br />The above terms clearly prohibit connection to the system prior to payment of connection <br />charges. The City's position to wait for "receipt of proper billing" before making payment to the <br />City of Shoreview should have been more closely analyzed. The agreement apparently <br />anticipated the importance of Lino Lakes voluntary compliance with the terms of the agreement. <br />The remedies section (F) of the agreement defined damages of $75 per day "If Lino Lakes <br />violates any of the terms of this agreement." <br />Page 40 <br />