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MEMORANDUM OF UNDERSTANDING <br /> THE TOWN OF MASBETWEEN <br /> H EE BY ADND MASHPEE PUBLIC SCHOOLS <br /> RELATIVE TO MAINTENANCE AND REPAIR OF <br /> MASHPEE SCHOOL BUILDINGS AND GROUNDS <br /> This Memorandum of Understanding is entered into on this <br /> day of <br /> October, 2008 by and between Joyce M. <br /> Mashpee School ComMason, Town Manager of the Town of Mashpee <br /> (hereinafter, "the Town") acting on behalf of the Town, on the one hand, and the <br /> "the District" or" mittee, acting on behalf of Mashpee Public Schools (hereinafter, <br /> Mashpee Public Schools"), on the other hand. <br /> WHEREAS, in May 2004, the Town of Mashpee, b <br /> y action Of its <br /> voters, adopted Mashpee Home Rule Charter(hereinafter"the Charter") Town MeetingPursuant to <br /> Provisions of the Home Rule Amendment to the Massachusetts Constitution and the <br /> Provision of G.L. c.4313; <br /> WHEREAS, Section 5-8 of the Charter provides that the responsibility for the <br /> maintenance and repair of all Town owned buildings and grounds shall be consolidated in <br /> the Department of Public Works (hereinafter, "the Consolidation"), under the supervision <br /> of the Town Manager and, <br /> WHEREAS, Section 5-8 further provides that the Town Manager, after <br /> consultation with the Superintendent of Schools (hereinafter"the Superintendent" or <br /> "Superintendent of Schools,,), shall determine the manner in which the responsibility for <br /> District buildings and grounds maintenance and repair shall be assumed and the services <br /> delivered by the Town; and <br /> WHEREAS, Section 5-8 further provides that nothing contained in Section 5-8 <br /> shall interfere in any way with <br /> maintenance personnel in Distri the appointment by Mashpee Public Schools of the <br /> maintenance, with standards of ct buildings who perform so-called ordinary custodial <br /> work for such personnel,to be established jointly by <br /> Mashpee Public Schools and the Town Manager; and, <br /> WHEREAS, it is the intent of the parties hereto to memorialize the terns and <br /> conditions by which District buildings and grounds maintenance and repair activities are <br /> to be coordinated and undertaken in accordance with applicable provisions of the Charter, <br /> any Administrative Code adopted thereunder, and State laws. Further, consistent with the <br /> limits inherent in and imposed by the annual Town budget approval <br /> intention and objective of the Town and the District thatt all Dprocss <br /> tri tbuildingstandthe <br /> grounds be maintained in good order in accordance with relevant provisions of G.L. c.71 <br /> and other applicable laws and regulations; that there be no interruption to the quality and <br /> level of services currently provided to Mashpee Public Schools by its custodial, <br /> maintenance, buildings and grounds employees; and, that the educational operations of <br /> 1 <br />