03-28-2011 Council Minutes - Laserfiche WebLink

Home Browse Search

MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28, 2011 7:00 o'clock p.m. 17. MAINTENANCE AGREEMENT Continued Mattick indicated the school is proposing a five year period. Franchot noted the one page contract does not have anything about notice to cancel but that basically the one -page contract does what he was expecting them to do. Mattick stated in the City's maintenance agreement under Item 3b he had outlined the specific responsibilities of each party and that the School District's agreement only lists their standard operating procedure. Mattick pointed out their standard operating procedure is a self - adopted policy and can be changed in the future. Mattick indicated he would like it clarified that it is this standard operating procedure that is outlined that would be applicable and not something that is later amended. Mattick stated if the City Council prefers not to go forward with the maintenance agreement, he would need to be informed of that. s Franchot commented that in his view the City should continue to go forward with the agreement and it may or may not be necessary once the bids come in. McMillan stated she would like a period of time that the School District is responsible for maintaining the landscaping. McMillan noted the agreement spells out a period of five years. Bremer indicated she did speak with the School District about this at the work session and that they seemed agreeable with a time period and the evergreen clause. Bremer suggested the term of the maintenance agreement be seven years, which would get them past any establishment period for the landscaping and get the City to a point where all the plants are very well established. Bremer commented the agreement would allow either party to get out of the agreement at some point in the future and that the City would still have the ability to sue the School District for breach of contract if that became necessary. Mattick noted he did include a mediation provision in the original draft but suggested that be left out since the City would still retain the ability to sue at some point in the future if problems arose. Bremer stated she would still like an indemnification and a waiver provision as well as a severability provision. Franchot indicated he would be happy with five or seven years. Bremer noted it would actually be eight years since there is a year notification required. Mattick indicated he will revise the agreement in accordance with tonight's discussion. The City Council took no formal action on this item. *18. LICENSES & PERMITS None • Page 23 of 24