Memorandum of Understanding For the Purpose of SHARING TRAIL MAINTENANCE EQUIPMENT HOUSATONIC RAILROAD TRAIL

Transcription

1 Memorandum of Understanding For the Purpose of SHARING TRAIL MAINTENANCE EQUIPMENT HOUSATONIC RAILROAD TRAIL This Memorandum of Understanding (MOU) is entered into by the signatories hereto for the establishment of guidelines for the sharing of equipment to maintain and patrol the Housatonic Railroad Trail (Housatonic Railway/Pequonnock Valley Greenway), henceforth referred to as the HRT, within the city of Bridgeport, town of Monroe and town of Trumbull. In consideration of the mutual covenants and agreements hereinafter set forth, the parties hereby agree to share equipment amongst the public works and recreation departments to maintain and patrol the HRT: ARTICLE I: ARTICLE II: Oversight: Inter-town collaboration, as specified in this agreement, shall be overseen by a Governing Committee comprised of the Public Works Director of each participating community or his/her designee. The Governing Committee shall be responsible for ensuring compliance with all of the agreements, roles, responsibilities and activities included in this agreement and addressing any concerns, issues and problems that may arise from the execution of this agreement and performance of any duties by authorized personnel contained herein, as well as any issues which are not explicitly defined in the inter-town agreement. Applicability: This agreement applies to the following: Municipalities: City of Bridgeport, Town of Monroe and Town of Trumbull Trail: Housatonic Railroad Trail, also known as the Housatonic Railway Trail, Pequonnock Valley Greenway and the Berkshire Spur Trail, and subsequent sections built during the tenure of this agreement. The HRT is defined as an approximate 16-mile multi-use trail corridor from downtown Bridgeport to the Monroe-Newtown town line. It consists of a combination of off-road multiuse trail sections and designated on-road bicycle routes with adjacent pedestrian walkways. About nine (9) miles of the trail have been completed and open to the public with remaining seven miles aligned along an interim and temporary route. HRT Trail Maintenance MOU Page 1

2 Equipment: [Agreed to list of equipment; may be modified] (1) Bobcat Toolcat 5600 S/N (TBD) Attachments: (1) 68 Angle Broom S/N (TBD) (1) 8B Chipper High Flow S/N (TBD) (1) 68 Brushcat Rotary Cutter S/N (TBD) (1) 80 Gallon Sprayer S/N (TBD) (1) Tilt-Tatch S/N (TBD) (1) SG Stump Grinder S/N (TBD) (1) Landscape Rake 5B S/N (TBD) (2) Stihl BR 600 Backpack Blower S/N (TBD) (2) Stihl MS 361 C-Q Chainsaw S/N (TBD) (2) Stihl HT 130 Pole Pruner S/N (TBD) (2) Stihl FS 250 Trimmer/Brush cutter S/N (TBD) (2) Segway X2 Adventure S/N (TBD) (1) Enclosed Cargo Trailer 8 x 20 S/N (TBD) Ownership: The town of Trumbull has agreed to be the custodial owner of the equipment listed above by agreeing to accept title and responsibility for said equipment, subject to the terms and conditions set forth and outlined in this agreement. Restrictions: The equipment listed above is intended for the sole use and purposes of maintaining the HRT, including both completed sections and designated interim/temporary routes, in a state of good repair and for the periodic patrol to assess conditions, identify repair and maintenance needs, remove litter and debris, note and fix acts of vandalism and damage caused by natural and manmade occurrences, and ensure there are no hazards to public safety. The equipment can also be used to respond to medical, criminal and other incidents that may occur along the trail and to immediately address hazards and unsafe conditions in an expeditious manner. Use of said equipment shall be limited and restricted to activities explicitly included in this agreement and shall not be used for any other purposes or in other areas of the participating communities, unless deemed appropriate as trail-related maintenance and patrol functions by the Governing Committee. ARTICLE III: Housing and Storage: The equipment listed in ARTICLE II shall be housed and stored in a secured location determined by the town of Trumbull and shall be made accessible to the participating communities based on a schedule and guidelines developed by the Governing Committee. Notwithstanding this requirement, the equipment shall be available on a 24 hour, seven day week basis, as needed. The procedures for accessing the equipment outside times specified by the HRT Trail Maintenance MOU Page 2

3 schedule and transporting the equipment to and from the storage location and the HRT shall be determined by the Governing Committee. ARTICLE IV: ARTICLE V: Operation and Use of Equipment: The equipment covered by this agreement shall be operated and used in accordance with generally accepted safe use practices and per manufacturer recommendations and guidelines. The participating municipalities shall be responsible for ensuring that personnel authorized and assigned to use and operate said equipment in their respective municipalities are properly trained and competent to use said equipment. Furthermore, each municipality shall be responsible for addressing staff performance issues should the equipment be misused or damaged by an operator in that community. The costs of operating the equipment shall be borne by the municipality that is using the equipment and covered under the respective community s annual operating budgets and not reimbursed under the Regional Performance Incentive Grant. Each municipality is required to return the equipment after use in good working order, clean of dirt, debris and material that may have accumulated during use, and with all fluids filled to their capacity. Equipment Maintenance: The equipment covered by this agreement shall be maintained in a state of good repair and each participating municipality shall ensure the equipment is in good working order at the time of use. The municipality in possession of the equipment shall be responsible for performing routine maintenance before and at the time of use. This is defined as topping off liquids (oil and gasoline, as appropriate), lubrication, cleaning, and ensuring the equipment is free of damage and defects. Maintenance, operation and use of equipment shall adhere to service manuals and each participating municipality shall be responsible for complying with this requirement at the time of use. The Governing Committee shall assign personnel under their supervision to perform periodic maintenance and repairs as is required. The cost of maintenance and repairs activities shall be borne by the participating municipalities in accordance with a cost sharing arrangement developed by and under the direction of the Governing Committee. A log shall accompany each piece of equipment and all maintenance actions and repairs shall be duly noted by the authorized personnel at the time the work is performed. Each participating municipality agrees that the purchase of replacement parts that may from time-to-time be required to maintain the equipment in a stateof-good working order shall be the responsibility of the participating communities and any and all costs associated with necessary purchases shall be covered under the annual operating and maintenance budgets of the participating municipalities. Approval of such purchases shall be the responsibility of the Governing Committee. HRT Trail Maintenance MOU Page 3

4 A Non-Smoking Policy shall be in effect and enforced for all of the equipment covered by this agreement. ARTICLE VI: Insurance: Insurance for the equipment listed in ARTICLE II shall be covered under the insurance policies of the custodial owner. Under the terms of this agreement, the participating municipalities agree to share the equipment covered by this agreement, but authorized personnel shall limit use and operation of said equipment to activities along the HRT located in their communities. Therefore, personal injury, liability and workmen s compensation insurance provided by the participating municipalities shall cover their employees assigned to trail maintenance and patrol functions. ARTICLE VII: Scheduling Use: The Governing Committee shall be responsible for developing and setting a master schedule for use of the equipment for the calendar year and shall meet in December of each year to establish the master schedule for the calendar year beginning in January. Additional meetings shall be held, as necessary, to adjust and refine the master calendar and address any other scheduling issues and problems that may arise. The master calendar shall provide for regular patrol of the trail and reflect recurring and typical maintenance needs. The frequency of patrol shall be determined by the Governing Committee. The schedule shall also establish a timeframe for completing non-routine trail maintenance and repairs, such as, leaf pick-up or blowing, vegetation control, tree trimming, cleaning of drainage channels and culverts, painting or staining of structures and repairing trail surface. The equipment shall also be made available at other, nonscheduled times, as maybe necessary, to address immediate maintenance needs, clean-up storm-related damage and debris, and repair acts of vandalism. The Greater Bridgeport Regional Planning Agency shall maintain the master calendar on its website. ARTICLE VIII: Length of Agreement/Termination: This agreement shall become effective at the date of the last signing and shall remain in effect for three (3) years from such signing. The performance and effectiveness of the shared-use of equipment shall be evaluated by the Governing Committee at the end of each calendar year covered by this agreement. Adjustments shall be made accordingly to improve effectiveness. This agreement shall automatically renew at the end of the three-year period, unless one or more communities object and request modification of the terms of the agreement. Notice of Termination of this agreement by any entity must be submitted in writing to: HRT Trail Maintenance MOU Page 4

5 Greater Bridgeport Regional Planning Agency 525 Water Street, Suite 1 Bridgeport, Connecticut The Notice must be transmitted to the GBRPA 60 days prior to the termination date. ARTICLE IX: Resolution of Conflicts: Any conflicts, problems or issues related to the execution of this agreement and performance of duties specified herein shall be brought to the attention of the Governing Committee for resolution, as expeditiously as practical. A special meeting of the Governing Committee shall be convened within a reasonable amount of time from the receipt of the conflict notice to discuss and resolve the stated problems. The decision of the Governing Committee shall be final. The undersigned hereby agree to the terms of this agreement. Approval of this agreement must be consummated by the chief elected official of each participating municipality. City of Bridgeport Town of Monroe Town of Trumbull William Finch, Mayor Tom Buzi, First Selectman Raymond Baldwin, Jr., First Selectman HRT Trail Maintenance MOU Page 5