The following text accompanies the You Tube video regarding the Breach of Contract by Missoula International School and Missoula County Public Schools in the painting by MCPS maintenance staff of the Prescott School gym in 2011.
MIS/MCPS Breach of Contract /Painting of the Prescott Gym by MCPS employees In 2004, Prescott School was closed along with Rattlesnake Middle School, both located in the Rattlesnake Valley along with Mt. Jumbo School in East Missoula. The Trustees voting for the closures on March 25th, 2004 at 1:00 in the morning were: Rosemary Harrison, Jenda Hemphill, David Merrill, and Naomi Kimbell. The district was forced to repeat the decision in July due to an Open Meeting Lawsuit. The Trustees that voted for the closures were: Rosemary Harrison, Jenda Cummings (later Hemphill), Naomi Kimbell, Toni Rehbein, Scott Bixler, and Joe Toth. All three schools were closed in a 48 day process!
Subsequently, the lease of Prescott School to Missoula International School was approved by the MCPS Board of Trustees in June of 2004. (This was only a 48 day process as well!) Under # 15 of the 2004 lease it states, "District will be responsible for major structural repairs such as roof repair or replacement and boiler repair and replacement. Lessee will be responsible for any other maintenance and repairs resulting from use of the Premises." Additionally, it states, "If there is evidence of Lessee abuse or neglect involving maintenance or repair, District will have the right to perform maintenance and repairs and to charge Lessee for the direct cost of the maintenance and repairs."
In other words, according to the lease, Missoula International School was and is responsible for the painting and the repairs to the Prescott School gym. By repairing the ceiling, doing electrical work, and painting the gym of Prescott in May of 2009, both MIS and MCPS were in Breach of Contract. At least $1,000 was spent by the district for painter's wages. (2 painters/$20 per hour/5-8 hour days) The painter said MIS paid for the paint. Add to that the labor for the electrician and his assistant and for the carpenters in addition to all repair materials, such as fender washers and shellac of which I was told were used on the ceiling tiles.
Again, the #15 clause of the lease it states that the district will charge Lessee for the direct cost of the maintenance and repairs (see above). Therefore, MIS owes the district the funds that were allocated for this gym ceiling repair in addition to the painting labor costs. IMPORTANT: The painter also told me that he had never seen so much damage to a district 1 school ceiling in his 15 years of working for the district. How tragic and disgraceful to hear about the lack of care to one of our most valuable school assets!!! This reveals the utter mismanagement of our facilities by district officials.
Please contact the school district and let them know that you are troubled by the lack of care of the Prescott gym roof and that you are in favor of terminating the MIS/Prescott School lease due to both lack of care to the school building and to malfeasance in abiding by the 2004 lease by both entities.
MIS/MCPS Breach of Contract /Painting of the Prescott Gym by MCPS employees In 2004, Prescott School was closed along with Rattlesnake Middle School, both located in the Rattlesnake Valley along with Mt. Jumbo School in East Missoula. The Trustees voting for the closures on March 25th, 2004 at 1:00 in the morning were: Rosemary Harrison, Jenda Hemphill, David Merrill, and Naomi Kimbell. The district was forced to repeat the decision in July due to an Open Meeting Lawsuit. The Trustees that voted for the closures were: Rosemary Harrison, Jenda Cummings (later Hemphill), Naomi Kimbell, Toni Rehbein, Scott Bixler, and Joe Toth. All three schools were closed in a 48 day process!
Subsequently, the lease of Prescott School to Missoula International School was approved by the MCPS Board of Trustees in June of 2004. (This was only a 48 day process as well!) Under # 15 of the 2004 lease it states, "District will be responsible for major structural repairs such as roof repair or replacement and boiler repair and replacement. Lessee will be responsible for any other maintenance and repairs resulting from use of the Premises." Additionally, it states, "If there is evidence of Lessee abuse or neglect involving maintenance or repair, District will have the right to perform maintenance and repairs and to charge Lessee for the direct cost of the maintenance and repairs."
In other words, according to the lease, Missoula International School was and is responsible for the painting and the repairs to the Prescott School gym. By repairing the ceiling, doing electrical work, and painting the gym of Prescott in May of 2009, both MIS and MCPS were in Breach of Contract. At least $1,000 was spent by the district for painter's wages. (2 painters/$20 per hour/5-8 hour days) The painter said MIS paid for the paint. Add to that the labor for the electrician and his assistant and for the carpenters in addition to all repair materials, such as fender washers and shellac of which I was told were used on the ceiling tiles.
Again, the #15 clause of the lease it states that the district will charge Lessee for the direct cost of the maintenance and repairs (see above). Therefore, MIS owes the district the funds that were allocated for this gym ceiling repair in addition to the painting labor costs. IMPORTANT: The painter also told me that he had never seen so much damage to a district 1 school ceiling in his 15 years of working for the district. How tragic and disgraceful to hear about the lack of care to one of our most valuable school assets!!! This reveals the utter mismanagement of our facilities by district officials.
Please contact the school district and let them know that you are troubled by the lack of care of the Prescott gym roof and that you are in favor of terminating the MIS/Prescott School lease due to both lack of care to the school building and to malfeasance in abiding by the 2004 lease by both entities.
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