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Trustee objects; board defers Robinson Engineering master agreement to legal review
Summary
Trustee Perchinski raised multiple concerns about the proposed Master Agreement with Robinson Engineering (missing exhibits, limits on liability, ownership of documents and indemnity language). The board amended the motion to adopt the agreement pending legal review and passed the amendment 4–1; Perchinski voted no.
Trustee Perchinski pressed for additional review before the board approved a proposed Master Agreement for general professional engineering services with Robinson Engineering, Ltd. He listed several contract concerns including missing exhibits, a not-to-exceed provision, ownership of documents, a clause allowing the engineer to limit liability, and indemnity language that he said should be replaced with an immediate duty to defend.
Perchinski said he wanted time to review the full packet and be part of the legal review process: "I would like to amend the motion to look at this and put it to the next meeting if possible." Village Engineer Melanie Arnold and Administrator Joseph Wiszowaty responded that task orders ordinarily contain not-to-exceed amounts and that site-review letters and typical services are provided by Robinson under the master agreement. Given the unresolved contract language, Trustee Thurmond amended the motion to adopt Resolution No. 1212-2026 "pending legal review." The amended motion passed on a roll call vote with Trustees Hanus, Kaminski, Thurmond and Trotier voting aye and Trustee Perchinski voting no.
The board did not finalize the master agreement; they directed legal counsel to review the contract exhibits and liability provisions and to report back. Trustee Perchinski asked to be included in the review before the document is executed.
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