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Home My WebLink About2012-02-27 12-094 ORDERCOUNCIL ACTION _Date: 2-27-11 Item No. 12 094 Item/Subject: Order, Authorizing Memorandum of Understanding with Charles and Mrs. Civiello, 105 Forest Avenue - Placement of Snow in Chapin Park Responsible Department: Engineering Commentary: Approximately 20 years ago, the City Engineer permitted the Civiello's to plow snow from in front of their properly located at the corner of Coombs and Forest Avenues to Coombs Park. The reason for this is due to flooding issues that were created by a plugged catch basin. The arrangement provided that the Civiello's and the City could avoid significant flooding issues. In November, the City received a complaint regarding this practice. At that time, the City asked the Civiello's to discontinue the practice until such time as the City could assess the problem. After an evaluation by the City Engineer, it was determined that by moving the snow to Chapin Park, the Civiello's were mitigating a flooding issue for the City. The City Engineer also met with the neighborhood to determine if changing the direction of traffic and plowing snow into the park would alleviate the problem. Feedback given at the meeting was that the neighborhood wanted the one-way street to remain as it is and they also wanted the Civiello's to continue to plow to the Park. In order to accommodate this and not set a City wide precedence, staff is proposing that we enter into a Memorandum of Understanding with the Civiello's to continue the practice of moving snow into Chapin Park. Additionally, the Civiello's would accept responsibility for damage to the park as a result of their actions and would carry $400,000 liability insurance. The City could terminate the agreement for convenience. This item was unanimously recommended for approval by the Infrastructure Committee on February 21, 2012. Manager's Comments: Associated Information: Order, Memorandum of Understanding Budget Approval: Legal Approval: Introduced for X Passage First Reading Referral Page _of_ City Manager City Manager Finance Director City Solicitor �iAV- D� �N�O`i, � I AO��i3 0, aR4tEDff. r� Assigned to Councilor - Gallant CI`T'Y OF BANGOR 12 094 February 27, 2012 (TITLE.) Order, Authorizing Memorandum of Understanding with Charles and Mrs. Civiello, 105 Forest Avenue - Placement of Snow in Chapin Park By the City Council of ttte City of Bangor: ORDERED, THAT Catherine M. Conlow, City Manager for the City of Bangor, is hereby authorized on behalf of the City of Bangor to execute a Memorandum of Understanding with Charles and Pauline Civiello for the plowing of snow into Chapin Park. Said Memorandum of Understanding shall be in a form substantially as attached hereto and shall be in a final form as acceptable to the City Solicitor or Assistant City Solicitor. IN CITY COUNCIL # 12-094 February 27, 2012 PASSED ORDER (TITLE,) AUTHORIZING MEMORANDUM OF UNDERSTANDING _ W WITH CHARLES AND MRS. CIVIELLO, 105 FOREST AVENUE INTERIM CITY ICLERk PLACEMENT OF SNOW IN CHAPIN PARK Assigned to Councilor 12 094 MEMORANDUM OF UNDERSTANDING Agreement by and between the City of Bangor ("the City") and Charles and Pauline Civiello ("the Civiellos) of 6 Coombs Street, Bangor Maine. WHEREAS, Charles and Pauline Civiello are owners of property located at the corner of Forest Avenue and Coombs Street, Bangor, Maine; and WHEREAS, Charles Civiello has a home occupation with the street address of 105 Forest Avenue, Bangor, Maine; and WHEREAS, the City of Bangor owns a catch basin in the street in front of 105 Forest Avenue; and WHEREAS, the City of Bangor plows Coombs Street and Forest Avenue and the plowing results in the catch basin at 105 Forest Avenue being covered with snow; and WHEREAS, the City of Bangor removes snow obstructing catch basins throughout the City often requiring the removal of ice build-up on the catch basin caused by melting and the catch basin's inability to properly drain the streets after plowing; and WHEREAS, the obstruction of the catch basin at 105 Forest Avenue often results in an accumulation of ice and water until the City of Bangor is able to clear it and this creates a hazard for the clients of Charles Civiello. WHEREAS, for approximately twenty years the City of Bangor has permitted Charles Civiello to remove the snow obstructing the catch basin and put it in Chapin Park, a park owned by the City of Bangor. NOW, THEREFORE The parties wish to set forth their rights and responsibilities in this Memorandum of Understanding. SNOW REMOVAL The Civiellos, or a contractor for snow removal on their behalf, may clear any obstructions of snow and/or ice of the catch basin located at 105 Forest Avenue, Bangor, Maine and place the same in Chapin Park at the corner of Coombs Street and Forest Avenue or such other location in Chapin Park as designated by the City of Bangor City Engineer. The Civiellos shall repair any damage done to Chapin Park or any other City property caused by the snow removal. 12 094 INSURANCE The Civiellos shall provide insurance against property damage and public liability claims. The Civiellos shall obtain and provide evidence of general liability insurance coverage in a minimum amount of $400,000.00 per claim, covering all liability claims arising out of the Civiello's activity permitted herein. Such insurance obtained by the Civiellos shall be written by an insurance company licensed to do business in the State of Maine and having a regular office or agent in the area of Bangor, Maine. The Civiellos liability insurance policies shall name the City of Bangor as an additional named insured, and shall be written as primary coverage insurance for all claims arising out of the Civiello's activity permitted herein. INDEMNIFICATION The Civiellos shall defend, indemnify, and hold City, and its inhabitants, officers, employees and agents completely harmless from and against any and all liabilities, losses, suits, claims, judgments, fines or demands arising by reason of injury or death of any person or damage to any property, including all reasonable costs for investigation and defense thereof (including but not limited to attorneys' fees, court costs, and expert witness fees), of any nature whatsoever arising out of or incident to this Agreement and/or the activity permitted herein or the acts or omissions of the Civiello's, agents, employees, contractors, subcontractors, licensees, or invitees. The City shall give to the Civiellos reasonable notice of any such claims or actions. The Civiellos hereby expressly agrees that it will defend, indemnify and hold the City of Bangor, its inhabitants, officers, employees and agents completely harmless from any and all claims made or asserted by the Civiello's agents, servants or employees arising out of the Civiello's activities under this Agreement. For this purpose, the Civiellos hereby expressly waives any and all immunity it may have under the Maine Workers Compensation Act in regard to such claims made or asserted by the Civiello's agents servants or employees The indemnification provided under this paragraph shall extend to and include any and all costs incurred by the City of Bangor to answer, investigate, defend and settle all such claims, including but not limited to the City of Bangor's costs for attorneys' fees, expert and other witness fees, the cost of investigators, and payment in full of any and all judgments rendered in favor of the Civiello's agents, servants or employees against the City of Bangor in regard to claims made or asserted by such agents, servants, or employees. SUPERVISION The rights granted herein to the Civiellos shall be under the supervision of the City of Bangor's City Engineer. TERMINATION The City may terminate this Agreement at will upon ten (10) days notice to the Civiellos. 12 994 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. (By) Witness Witness Witness CITY OF BANGOR Catherine M. Conlow Its City Manager CHARLES CIVIELLO PAULINE CIVIELLO P.1 I