Randle board weighs contracts and liability for snow removal, attorney urges caution

The Town of Randle Board discussed strengthening contracts for lawn care, cleaning and snow removal and flagged liability concerns about continuing to rely on an individual resident to operate heavy equipment for winter maintenance.

President Caitlyn Ruth said she had sent the three service contracts to the town attorney, Adam, and asked him to review and propose stronger language. The board noted the current contracts are short and lack detailed insurance or indemnification provisions; members agreed the town attorney should add liability and waiver language that stops short of onerous indemnification but protects the town.

Adam, the town attorney, cautioned about risk when an unlicensed individual operates heavy equipment. He said a homeowner or council member operating a tractor can create exposure if the operator is not licensed or insured: "John is not a licensed bonded insured heavy equipment operator and lacks certain licenses," he said, adding that hiring a professional contractor transfers many of those risks to the contractor and their insurer.

Board members discussed options: require contractors to carry insurance, include waivers or release language for smaller services, increase compensation so operators can obtain personal coverage, or contract with a professional (Sean Smith was identified by a member as one available contractor). Members also discussed the town’s past practice of informal arrangements and the trade-off between cost and formal protection.

The board asked Adam to review and revise the contracts sent by the acting treasurer, and to propose model waiver language the board could use as an interim measure while evaluating contractor options.