CITY COMMISSION AGENDA July 28, 2020
The Honorable City Commission The City of Springfield, Ohio
The City Commission will hold a special VIRTUAL legislative meeting at 2:00 PM on Tuesday, July 28, 2020 in place of its regular evening session via the ZOOM Meeting application and can be viewed live on YouTube.com/GATVSpringfield5.
CALL TO ORDER
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
FIRST READING – ORDINANCE
The following legislation is being presented for the first time and requires presentation at a second meeting before vote on passage. The City Manager recommends passage at the next scheduled City Commission meeting:
152-20 Authorizing the City Manager to enter into a contract with Chemical Services, Inc. for the purchase of Liquid Ferric Sulfate 60% for a period of one (1) year with an option to renew for two (2) additional one-year periods, for an amount not to exceed $144,450.00.
SECOND READINGS – ORDINANCES
The City Manager recommends passage of the following legislation, presented for a second time:
123-20 Authorizing the City Manager to enter into a Memorandum of Understanding (“MOU”) with the Board of Clark County Commissioners (“County”) for Communication and Dispatch Services.
259-15 Amending Ordinance No. 15-313, granting a franchise to First Transit, Inc. by amending Section 2 and Subsections 13(E)(1), 13(F)(1), 13(F)(2) and 13(F)(3) to extend the franchise for up to an additional one (1) year; establishing maximum City financial participation for the one-year extension; and establishing the management fees for the one- year extension period.
138-20 Authorizing the Finance Director to purchase 2,750 tons of rock salt for the 2020-2021 winter season from Cargill Inc. Deicing Technology for an amount not to exceed $190,190.00, through the Ohio Department of Transportation Cooperative Purchasing Program in accordance with the provisions of Section 5513.01(B) of the Ohio Revised Code. July 28, 2020 Page 2
139-20 Authorizing the City Manager to enter into a Cooperation Agreement with The Springfield City School District Board of Education to assist the City and the Board of Education in creating and maintaining safe and orderly schools; and confirming and approving services provided up to the passage of this ordinance.
EMERGENCY ORDINANCES
The following emergency legislation is being presented for the first time. The City Manager recommends passage upon approval:
014-20 Providing for Supplemental Appropriations within various funds.
004-17 Amending Ordinance No. 19-238 authorizing the City Manager to submit an Application For Financial Assistance and accept a grant from the State of Ohio, Ohio Public Works Commission, to obtain funding in an amount up to $801,409.00 for the CLA McCreight Avenue Project, PID No. 104831.
170-15 Authorizing the City Manager to enter into Amendment No. 3 to the Temporary Indefeasible Right of Use Metropolitan Dark Fiber Agreement with Miami Valley Educational Computer Association Regional Council of Governments (“MVECA”) to extend the term of the agreement to June 30, 2023 and to increase the monthly rate; confirming and approving services provided from June 22, 2020 to the passage of this Ordinance.
153-20 Authorizing the City Manager and the Chief of Police to submit a grant application for the 2020 Byrne Justice Assistance Grant (JAG) Program Award, to provide funding in the amount of $32,399.00 to purchase various safety/technology equipment; authorizing the City Manager to enter into an Interlocal Agreement between the City and The Board of County Commissioners of Clark County, Ohio for an amount not to exceed $16,199.00 in connection with the 2020 Byrne Justice Assistance Grant.
154-20 Authorizing the rewind repair of a 3750 KVA three phase substation transformer at the Water Treatment Plant, from Triec Electrical Services, Inc., for an amount not to exceed $176,170.00, through the Ohio Department of Administrative Services, pursuant to Ohio's Cooperative Purchasing Act in accordance with the provisions of Section 125.04 of the Ohio Revised Code.
129-19 Authorizing the City Manager to enter into Amendment No. 2 to the Agreement for Consulting Engineering Services [Eastern Pressure District Water Upgrades - Phase 2 Preliminary and Detailed Design] with Burgess & Niple, Inc. to shift funds among project tasks.
225-18 Authorizing the City Manager to enter into a Consulting Agreement with Urban Fast Forward, Ltd. for the Springfield Engaged Neighborhood Planning Process Development (Phase II) for an amount not to exceed $100,000.00.
July 28, 2020 Page 3
155-20 Authorizing the City Manager to enter into an Engineering Agreement with Korda/Nemeth Engineering, Inc. for the Mount Joy Water Line Replacement Project for an amount not to exceed $68,194.48.
NEW ITEMS ON THE AGENDA
REMARKS FROM THE AUDIENCE
Respectfully submitted,
Bryan Heck City Manager Request for Commission Action City of Springfield, Ohio
Item Number:___152-20___
Agenda Date: 07/28/2020 Today's Date: 07/21/2020
Subject: Purchase of Ferric Sulfate for Water Treatment Plant
Submitted By: Mark Beckdahl, Finance Director
Department: Service Department/WTP Contact: Allen Jones, Plant Superintendent
14-Day Ordinance Emergency Ordinance (provide justification below)
Resolution (1 Reading) 14-Day Resolution (2 Readings) Emergency Resolution
Motion Contract Prior Date of Prior Ordinance/Resolution: Ordinance/Resolution: Summary:
It is respectfully requested that the City Commission authorize the City Manager to enter into a contract with Chemical Services, Inc., 2600 Thunderhawk Crt., Dayton, OH 45414 for the purchase of liquid ferric sulfate 60% for use at the Water Treatment Plant. The total cost for the 1 year contract shall not exceed $144,450.00. This purchase also has the option for two (2) additional one-year renewals. This recommendation is based on the lowest and best of one bid received.
Justification for Emergency Action: (use reverse side if needed)
Department/Division_____Fund Description______Account Number______Actual Cost___ WTP 620 230201-4313 $144,450.00
Total Cost: $144,450.00 AN ORDINANCE NO.______
Authorizing the City Manager to enter into a contract with Chemical Services, Inc. for the purchase of Liquid Ferric Sulfate 60% for a period of one (1) year with an option to renew for two (2) additional one-year periods, for an amount not to exceed $144,450.00.
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WHEREAS, the City's Purchasing Division has advertised for and received a bid for the purchase of Liquid Ferric Sulfate 60% for use at the Water Treatment Plant; and
WHEREAS, after receiving and reviewing the only bid submitted, the City's Purchasing Division has recommended an award of contract to Chemical Services, Inc. for the purchase of Liquid Ferric Sulfate 60% for an amount not to exceed $144,450.00: NOW, THEREFORE:
BE IT ORDAINED by the City Commission of The City of Springfield, Ohio:
Section 1. That the City Manager is hereby authorized to enter into a contract with Chemical Services, Inc. for the purchase of Liquid Ferric Sulfate 60% for a period of one (1) year with an option to renew for two (2) additional one-year periods, for an amount not to exceed $144,450.00.
Section 2. That the contract entered into by the City shall incorporate the specifications prepared by the Purchasing Division, which are hereby approved, and made available to providers submitting bids to the City, and shall conform to the recommendations of the City's Purchasing Division as made to this Commission.
Section 3. That this Ordinance shall take effect and be in force from and after fourteen (14) days from the date of its passage.
PASSED this ______day of ______, A.D., 2020.
______PRESIDENT OF THE CITY COMMISSION
______CLERK OF THE CITY COMMISSION Request for Commission Action City of Springfield, Ohio
Item Number:___123-20___
Agenda Date: 6/16/2020 Today's Date: 6/9/2020
Subject: Memorandum of Understanding “MOU” between the City of Springfield and Board of Clark County Commissioners for Communication and Dispatch Services.
Submitted By: Bryan Heck, City Manager
Department: City Manager’s Office Contact: Bryan Heck, x7300
14-Day Ordinance Emergency Ordinance (provide justification below)
Resolution (1 Reading) 14-Day Resolution (2 Readings) Emergency Resolution
Motion Contract Prior Date of Prior Ordinance/Resolution: Ordinance/Resolution:
Summary: Respectfully request City Commission authorize City Manager to enter into an MOU between the City of Springfield and Board of Clark County Commissioners for communication and dispatch services. This MOU identifies the terms, conditions, intention, and responsibility of each party regarding the possible future agreement of shared dispatch and communication services that Clark County would provide to the City of Springfield. This MOU would allow the County Sheriff to begin negotiations with their Dispatch unit in an effort to address the addition of City dispatch employees to the combined center.
Justification for Emergency Action: (use reverse side if needed)
Department/Division_____Fund Description______Account Number______Actual Cost___
Total Cost: AN ORDINANCE NO.______
Authorizing the City Manager to enter into a Memorandum of Understanding (“MOU”) with the Board of Clark County Commissioners (“County”) for Communication and Dispatch Services.
...oooOOOooo...
WHEREAS, the City and the County desire to cooperate in good faith for dispatch and communication services for the benefit of the community at large in both Clark County and the City of Springfield, Ohio; and
WHEREAS, the City and the County both acknowledge the potential cost savings, improvement in operational efficiency, service effectiveness, community safety, and regional cooperation through consolidated dispatch and communication services; NOW, THEREFORE:
BE IT ORDAINED by the City Commission of The City of Springfield, Ohio:
Section 1. That this Commission hereby adopts the findings set forth in the recitals to this Ordinance and makes them a part hereof.
Section 2. That the City Manager is hereby authorized to enter into a Memorandum of Understanding, a copy of which is attached hereto and is hereby approved, with the Board of Clark County Commissioners for Communication and Dispatch Services.
Section 3. That this Ordinance shall take effect and be in force from and after fourteen (14) days from the date of its passage.
PASSED this ______day of ______, A.D., 2020.
______PRESIDENT OF THE CITY COMMISSION
______CLERK OF THE CITY COMMISSION MEMORANDUM OF UNDERSTANDING FOR COMMUNICATION AND DISPATCH SERVICES BETWEEN THE CITY OF SPRINGFIELD, OHIO, THE BOARD OF CLARK COUNTY COMMISSIONERS
This Memorandum of Understanding (MOU) between the City of Springfield, Ohio (the “City”), whose mailing address is 76 E. High St., Springfield, Ohio 45502 and the Board of Clark County Commissioners (the “County”), whose mailing address is 50 E. Columbia St., #543, Springfield, Ohio 45502, shall be effective on the latest date of signature below, and identifies the terms, conditions, intention, and responsibility of each party regarding the possible future agreement of shared dispatch and communication services/that Clark County provide dispatch and communication services to the City of Springfield, Ohio for police, fire, and emergency medical services.
I. Purpose.
A. The City and the County (the “Parties”) desire to cooperate in good faith for dispatch and communication services for the benefit of the community at large in both Clark County and the city of Springfield. As such, both parties agree that there will be cost savings and improvement in operational efficiency, service effectiveness, community safety, and regional cooperation through consolidated dispatch services to be operated by the Clark County Sheriff’s Office (“CCSO”) at the Clark County Sheriff’s Office Communication Center (“Communication Center”).
B. This MOU is intended to reflect the Parties’ future intention to enter into an agreement for the provision of dispatch services pursuant to Ohio Revised Code 307.15. Accordingly, this MOU shall define the scope of cooperation and therein detail the roles and responsibilities of the Parties.
II. Responsibilities of the Parties.
A. Intent. It is the will and intent of the parties to this MOU that the new dispatch organization have a workforce, in which wages and conditions of employment, to include seniority, will be recognized as best as possible. The parties desire for work experience at a PSAP, dispatch center, or department providing 911 services in Clark County to be recognized equally regardless of the governmental organization for which such work was performed.
III. City’s Responsibilities.
A. As part of entering into this MOU, it is the City’s goal to ensure that City dispatchers and supervisors are recognized equally for wages and benefits when transferring to the CC. B. The conditions requested below for City dispatchers and supervisors who have previous experience with the City of Springfield’s 911 Center that opt to transfer to the Sheriff’s Communications Center shall not create precedent for any future employees hired
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under the Sheriff’s Communications Center. These items only reflect the one-time transfer of City dispatchers and supervisors from the Springfield 911 Center to the Sheriff’s Communications Center.
C. The City will agree to only move forward with a formalized, contractual agreement under Ohio Revised Code 307.15 when the following conditions are agreed to by the County/CCSO and the FOP Dispatchers Union:
1. Pay must be equal to or greater than the current rate of pay than current City dispatchers and supervisors receive.
2. City dispatchers and supervisors must be granted an accrual rate for vacation leave based on their total combined years of service for both the City and the CCSO.
3. City dispatchers/supervisors will be permitted to participate in the shift selection process for Calendar Year 2021
4. City dispatchers and supervisors with 9 or more years of service/experience with the City of Springfield 911 Center shall not be disciplined or discharged except for just cause and have rights to grieve such action through the FOP.
5. City dispatchers and supervisors with 3 or more years of service/experience with the City of Springfield 911 Center will be eligible for vacation upon transfer to the Sheriff’s Communication’s Center.
IV. County’s Responsibilities.
A. Employment.
1. City dispatchers and supervisors. City dispatchers and supervisors shall be offered a position as a dispatcher at the CC.
a. The County intends to enter negotiations with the CCSO’s Communications Center Bargaining Unit (“CC Bargaining Unit”) by no later than December 31, 2020. However, upon execution of this MOU, the County/CCSO’s will file its Intent to Negotiate and commence negotiations with CC Bargaining Unit no later than September 1, 2020.
b. The County/CCSO’s intends to negotiate the pay rate for all Communications Center employees to be equal to or greater than the current rate of pay that the presently employed City dispatchers and supervisors receive.
c. Seniority shall be granted to City Dispatch and Supervisor employees at a minimum of a three-year to one-year basis, contingent upon approval of the current CC Bargaining Unit as stated above in paragraph 1.a.
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d. Sick leave and vacation leave benefits and their respective accruals shall depend upon the employee’s years of service with the CCSO and shall be offered in accordance with the current contract in place between the County and the CC Bargaining Unit, as specified above in IV. A.1. a.
i. The County/CCSO’s intends to negotiate that City Dispatch employees, transferring from the City, will accrue vacation time based on their combined total years of service with the City of Springfield and the Communication Center.
e. It is the goal of the CCSO to operate the CC with two (2) twelve-hour shifts beginning January 1, 2021. This is contingent upon approval of the current CC Bargaining Unit as stated above in paragraph 1.a.
V. Structure.
A. The CC shall follow the organizational structure as set forth in the attached document labeled and incorporated herein by reference as “Exhibit 1”.
B. The County will provide the current City Supervisors with the first opportunity to interview for the remaining vacant Supervisor positions prior to January 1, 2021.
VI. Operations Advisory Committee.
A. The Parties agree to the creation of an Operations Advisory Committee (“the Committee”).
B. The Committee shall be comprised of the following members:
1. Communication Center Director of Operations – Sheriff Designee, who shall serve as the Committee Chair.
2. Communications Center Administrative Supervisor – Sheriff Designee.
3. Sheriff Law Enforcement Representative – Sheriff Designee.
4. Springfield City Police Department Representative – City Designee.
5. Springfield City Fire Department Representative – City Designee.
6. City of Springfield City Manager or Designee – City Designee.
7. County Fire Chief’s Association Representative.
8. County Police Chief’s Association Representative.
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9. Director of Clark County EMA or Designee.
C. In the event that one or both the Communication Center Director of Operations and/or the Administrative Supervisor, becomes vacant after an original hire is made, the Sheriff will provide the Operations Advisory Committee the opportunity to be involved in the interview process to fill the vacancies.
1. After the interview process is complete and all information is reviewed, the Sheriff maintains the final determination and selection of a Communication Center Director of Operations and/or a Communication Center Administrative Supervisor.
D. Committee Responsibilities and Functions.
1. The Committee will review all Standard Operating Procedures and Policies (“SOP’s”), as promulgated and set forth by the Director of Operations for the Communications Center before they are presented to the Sheriff for approval. This may include any updates and changes to the SOP’s.
2. The Committee members will have the opportunity, but not be required, to be involved in the hiring process for any supervisory position of the CC.
a. All final determinations on hiring for supervisory positions will be the decision of the Sheriff and/or the Director of Operations.
3. The Committee shall suggest recommendations regarding training and other dispatch protocols to be implemented in the CC, including but not limited to all continuing education requirements.
4. Dispute resolution will be outlined in the official contract between the City & County and will provide the ability for the City to withhold payment.
VII. Payment for Services, Fees and Fee Structure.
A. Annual Fee and Fee Structure.
1. The City will pay the County an annual fee which shall be fixed for the first three years of the contractual agreement.
2. The annual fee shall be calculated based upon the previous year’s call volume using a tiered price per call model. This tiered price schedule is attached more fully and incorporated herein as if fully rewritten as “Exhibit 2”.
3. All agencies who contract with the CCSO for dispatch services will pay an annual fee based upon that agency previous year’s call volume using the same tiered price per call mode, as set forth in Exhibit 2.
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4. Any annual fee increases after year three (3) will not exceed the Consumer Price Index rate of inflation.
B. Change in Annual Fee. If the total calls for service change by more than fifteen (15) percent and the costs outpace the rate of inflation, then the City and County may mutually agree to an increase that exceeds the cost of inflation.
C. No Capital Recovery Fee.
1. The Parties agree that the City will not be charged a capital recovery connection fee and instead will provide the following equipment at a total value of $864,400.00 for use at the CC:
a. 6 Motorola radio consoles,
b. 7 Emergency Callworks 911 phones,
c. 6 back-up radio consolettes,
d. 3 portable 800 MHz radios,
e. 4 wireless headset bases.
VIII. Notices.
A. Any notice, demand or request pursuant to this MOU shall be in writing and shall be considered properly given when delivered in person, sent by either registered or certified mail, acknowledged by an email with a deliver and/or read receipt attached, to the other Party’s mailing address set forth above in this MOU.
IX. Term.
A. The Parties agree that they intend to later enter a contractual agreement for services for a minimum of ten (10) years.
X. Termination Procedures and Disposition of Equipment.
A. If the contractual agreement between the Parties is terminated at any time and the City elects to establish its own, separate dispatch communication center equipment will be distributed as follows:
1. The County agrees to provide the City with the same, original equipment that was provided to the County in accordance with the contractual agreement.
2. The County agrees to offer first to the City, at no cost, any equipment that will no longer be used in the CC and/or is out of date before the County can disposes of it.
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XI. Insurance.
A. Each Party, at its sole cost and expense, shall carry insurance, or self-insure, for its activities in connection with this MOU, and obtain, keep in force, and maintain, insurance or self-insurance, for general liability, workers compensation, and business automobile liability adequate to cover its potential liabilities hereunder. Each Party shall provide property insurance coverage for any equipment that it provides.
XII. Dispute Resolution.
A. The Parties intend for a dispute resolution mechanism to be outlined in the contractual agreement between the City and County, which will include the City’s ability to make payments into an escrow fund held by the City Treasurer until an agreed upon resolution is reached. There will be no interruption of Dispatch services provided to the City during dispute mediation.
XIII. Limitation of Liability.
A. Each party to this agreement shall be responsible for any liability arising from its own conduct. Neither party agrees to insure, defend or indemnify the other
XIV. General Provisions.
A. Effective Date and Term of the MOU – the effective date of this MOU is the date on which the last participating Party executes the MOU.
B. Independent Entities. The parties are independent entities and each party’s employees, officers, and volunteers are not to be considered agents or employees of the other.
C. Entire Agreement. This MOU represents the entire and integrated agreement and understanding between the parties and supersedes all prior negotiations, statements, representations and agreements, whether written or oral.
D. Amendments. This MOU shall be modified only by a written agreement, duly executed by all parties hereto.
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MEMORANDUM OF UNDERSTANDING FOR COMMUNICATION AND DISPATCH SERVICES BETWEEN THE CITY OF SPRINGFIELD, OHIO, THE BOARD OF CLARK COUNTY COMMISSIONERS
Signature Page
Approved as to Form and Correctness: The City of Springfield, Ohio
Jill N. Allen, Law Director Bryan Heck, City Manager Date: ______Date: ______
Approved as to Form and Correctness: Clark County Commission
Assistant Prosecuting Attorney Jennifer Hutchinson, County Administer Date: ______Date: ______
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OFFICE OF THE SHERIFF EXHIBIT 1 SHERIFF DEBORAH K. BURCHETT www.clarkcountysheriff.com
OFFICE: 937.521.2056 120 NORTH FOUNTAIN AVE. FAX: 937.328.2515 SPRINGFIELD, OHIO 45502
Clark County Communications Center Organization Chart
Clark County Sheriff
Operations Communications Center Advisory Director of Operations Committee 9-1-1 Coordinator
See Attached Explanation Administrative Supervisor
Working Supervisors - 2 Working Supervisors - 2 Working Supervisors - 2
Telecommunicator- 13 Telecommunicator-13 Telecommunicator-13 1st Shift 2nd Shift 3rd Shift
***In the event the 12-hour shifts are agreed up between the County and the Bargaining unit, the three shifts will be divided in to two shifts of 19 employees. Providing for 38 Telecommunicators. ***
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EXHIBIT 2
Proposed 911 Tiered Pricing Model
Fee will be calculated based upon the most recent year’s call volume available using the formula detailed below.
Number of Calls Price per Call ($) First 2,000 $22.00 Next 2,000 $21.00 Next 2,000 $20.00 Next 2,000 $19.00 Next 2,000 $18.00 Next 40,000 $16.00 Any remaining calls $10.00
For example, 79,330 calls would equate to an annual fee of $1,133,300.
Number of Calls Price per Call ($) Fee First 2,000 $22.00 $44,000 Next 2,000 $21.00 $42,000 Next 2,000 $20.00 $40,000 Next 2,000 $19.00 $38,000 Next 2,000 $18.00 $36,000 Next 40,000 $16.00 $640,000 29,330 $10.00 $293,300 79,330 $1,133,300
**Minimum annual fee is $10,000**
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Request for Commission Action City of Springfield, Ohio
Item Number:___259-15___
Agenda Date: 7/14/2020 Today's Date: 7/6/2020
Subject: Bus Franchise Services Contract Extension
Submitted By: Mark Beckdahl, Finance Director
Department: Springfield City Area Transit (SCAT) Contact: Tiffany Ross, Asst. Fin. Dir.
14-Day Ordinance Emergency Ordinance (provide justification below)
Resolution (1 Reading) 14-Day Resolution (2 Readings) Emergency Resolution
Motion Contract Prior Date of Prior Ordinance/Resolution: Ordinance/Resolution: Summary: Requesting City Commission authorization of a one year extension of the bus franchise agreement with First Transit, Inc. for the period of January 1, 2021 through December 31, 2021.
Justification for Emergency Action: (use reverse side if needed)
Department/Division_____Fund Description______Account Number______Actual Cost___
Total Cost: ORDINANCE NO. ______
Amending Ordinance No. 15-313, granting a franchise to First Transit, Inc. by amending Section 2 and Subsections 13(E)(1), 13(F)(1), 13(F)(2) and 13(F)(3) to extend the franchise for up to an additional one (1) year; establishing maximum City financial participation for the one-year extension; and establishing the management fees for the one-year extension period.
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WHEREAS, in Ordinance No. 15-313, as amended by Ordinance No. 16-81, the City granted a franchise to First Transit, Inc. granting the authority, right and privilege to establish, maintain and operate a motor bus transportation system in The City of Springfield, Ohio, for the transportation for hire of passengers only, and fixing the terms and conditions of such grant, and providing for the City's participation in the cost of such operation; and
WHEREAS, the City requires additional time to complete a new proposal solicitation process intended to result in a final grant of a new franchise due to unforeseen delays caused by the COVID-19 pandemic; and
WHEREAS, the City wishes to temporarily extend the existing franchise for an additional period not to exceed one (1) year, such extension being made with the concurrence of the Federal Transit Administration; and
WHEREAS, it is necessary to establish the maximum City financial participation in cost of operation of the First Transit, Inc. for the extension period, as well as establishing the management fee for the extension period: NOW, THEREFORE:
BE IT ORDAINED by the City Commission of The City of Springfield, Ohio:
Section 1. That Section 2 of Ordinance No. 15-313 is hereby amended to read as follows:
SECTION 2. NATURE OF GRANT. The authority, right and privilege is hereby granted to the Company, for and in consideration of and subject to the terms and conditions of this Ordinance, to maintain and operate over and upon the streets of the City and annexed territory as hereinafter stated, beginning on December 31, 2015 and continuing through December 31, 2020 (60) months thereafter, plus an additional period of twelve (12) months continuing through December 31, 2021, a motor bus public transportation service for the transportation for hire of passengers only. At the City’s option, the City may extend this franchise for up to two (2) additional terms of five (5) years each by passing legislation exercising these options.
Section 2. That Subsection 13(E)(1) of Ordinance No. 15-313 is hereby amended to read as follows:
SECTION 13. CITY'S PARTICIPATION IN COST OF OPERATION OF COMPANY.
E. The Company shall, within ten (10) days after the last day of each month during the term of this franchise ordinance, deliver to the City Manager an itemized accounting of the gross receipts (stating the amount and source of such receipts) from the operation of the franchise granted pursuant to this Ordinance during such preceding month together with the eligible operating expenses of such operation during such month in such form and manner as prescribed by the Director of Finance. The Company's eligible operating expenses may include any and all reasonable interest charges incurred by the Company and approved in writing by the City Manager as a result of the Company having to borrow money to defray eligible operating expenses incurred by the Company pursuant to this section pending the payment of same by the City; however, such eligible operating expenses shall not include a management fee. In determining the amounts of eligible expenses and eligible losses, all discounts, rebates, refunds and the value of returned assets shall be deducted. Payment for management costs shall be determined and made pursuant to this section and subsection 13(F), below. Such account of gross receipts and eligible operating expenses shall be the basis for determining the Company's eligible losses, if any, for said month.
(1) The City shall pay to the Company a base management fee each month as set forth below:
2016 2017 2018 2019 2020 2021 $3000/mo. $3100/mo. $3200/mo. $3300/mo. $3400/mo. $3500/mo.
along with the payment described in Section 13(D) above; however, the management fees shall not under any circumstances exceed the following maximum annual management fee limits:
2016 2017 2018 2019 2020 2021 $56,000.00 $58,200.00 $60,400.00 $62,600.00 $64,800.00 $67,000.00
Section 3. That Subsections 13(F)(1), 13(F)(2) and 13(F)(3) of Ordinance No. 15-313 are hereby amended to read as follows:
SECTION 13. CITY'S PARTICIPATION IN COST OF OPERATION OF COMPANY. 2
F. DETERMINATION OF PERFORMANCE-BASED MANAGEMENT FEE
(1) The Category 1 component of the performance-based management fee. The Category 1 Approved Budget Amounts (1-ABA) are as described below, with future 1-ABA's, if any, to be determined by the City based on the estimated Annual Budget
Year 1-ABA 2016 $200,000.00 2017 $202,000.00 2018 $204,000.00 2019 $206,000.00 2020 $208,000.00 2021 $210,000.00
The Category 1 Performance-based Management Fee is $500.00 for each $2,000.00 the Passenger and Miscellaneous Revenue Amount is greater than the 1-ABA.
(2) The Category 2 component of the performance-based management fee. The Category 2 Approved Budget Amounts (2-ABA) are as described below, with future 2-ABA's, if any, to be determined by the City based on the estimated Annual Budget
Year 2-ABA 2016 $1,755,000.00 2017 $1,790,100.00 2018 $1,825,900.00 2019 $1,862,400.00 2020 $1,899,600.00 2021 $2,059,895.00 The Category 2 Performance-based Management Fee is $500.00 for each $2,000.00 the Adjusted Operating Expense Amount is less than the 2-ABA.
(3) The Category 3 component of the performance-based management fee. The Category 3 Approved Budget Amounts (3-ABA) are as described below, with future 3-ABA's, if any, to be determined by the City based on the estimated Annual Budget
3
Year 2-ABA 2016 $15,000.00 2017 $17,000.00 2018 $19,000.00 2019 $21,000.00 2020 $23,000.00 2021 $25,000.00
The Category 3 Performance-based Management Fee is $500.00 for each $1,000.00 the Advertising Revenue Amount is greater the 3-ABA.
Section 4. That existing Section 2 and Subsections 13(E)(1), 13(F)(1), 13(F)(2) and 13(F)(3) of Ordinance No. 15-313 are hereby repealed.
Section 5. That new Section 13(J) is hereby added to Ordinance No. 15-313:
SECTION 13. CITY'S PARTICIPATION IN COST OF OPERATION OF COMPANY.
J. PROMPT PAYMENT. Company agrees to pay each subcontractor for satisfactory performance of its contractual duties no later than 30 days from the receipt of each payment the Company receives from the City. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of City or its designated agent. The Company agrees to return retainage payments to each subcontractor within 10 days after the subcontractors’ work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of City or its designated agent.
Section 6. This ordinance shall take effect and be in force from and after fourteen (14) days from the date of its passage.
PASSED this ______day of ______, A.D., 2020.
______4
PRESIDENT OF THE CITY COMMISSION
______CLERK OF THE CITY COMMISSION
ACKNOWLEDGMENT OF ACCEPTANCE AND AGREEMENT TO BE BOUND
First Transit, Inc., Inc., hereby unconditionally accepts and fully agrees to be bound by each and every term and condition contained in the above franchise ordinance.
IN WITNESS WHEREOF, First Transit, Inc., Inc., has executed this Acknowledgment of Acceptance and Agreement to be Bound by ______, CEO, its duly authorized representative this ______day of ______, 2020.
BY ______, CEO
STATE OF OHIO ) COUNTY OF CLARK ) SS:
Before me, a Notary Public in and for the State of Ohio, personally appeared the above named ______, CEO of First Transit, Inc., Inc., who acknowledged that he did sign the foregoing instrument and that the same is his free act and deed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal at Springfield, Ohio, this ___ day of ______, 20__.
______Notary Public
5
Request for Commission Action City of Springfield, Ohio
Item Number:___138-20___
Agenda Date: 7/14/20 Today's Date: 7/6/20
Subject: Purchase of rock salt from Cargill Inc. Deicing Technology for 2020-2021 winter season
Submitted By: Chris Moore, Service Director
Department: Service Contact: Chris Moore, 324-7741
14-Day Ordinance Emergency Ordinance (provide justification below)
Resolution (1 Reading) 14-Day Resolution (2 Readings) Emergency Resolution
Motion Contract Prior Date of Prior Ordinance/Resolution: 20-95 Ordinance/Resolution: 3/24/20 Summary: It is respectfully requested that the City Commission authorize the City Manager to purchase rock salt from Cargill Inc. Deicing Technology in the amount of 2750 tons at $69.16 per ton for the 2020-2021 winter season through the Ohio Department of Transportation Cooperative Purchasing Program for the amount of $190,190.00.
Justification for Emergency Action: (use reverse side if needed)
Department/Division_____Fund Description______Account Number______Actual Cost___ Service/Street Maintenance 250 910919-4312 $190,190.00
Total Cost: $ 190,190.00 AN ORDINANCE NO.______
Authorizing the Finance Director to purchase 2,750 tons of rock salt for the 2020- 2021 winter season from Cargill Inc. Deicing Technology for an amount not to exceed $190,190.00, through the Ohio Department of Transportation Cooperative Purchasing Program in accordance with the provisions of Section 5513.01(B) of the Ohio Revised Code.
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WHEREAS, pursuant to Resolution No. 5352 and Ordinance No. 20-95, the City has opted to secure to itself the benefits of the Ohio Department of Transportation Cooperative Purchasing Program pursuant to Section 5513.01(B) of the Ohio Revised Code; and
WHEREAS, the City wishes to purchase 2,750 tons of rock salt for the 2020- 2021 winter season through the Ohio Department of Transportation Cooperative Purchasing Program; NOW, THEREFORE:
BE IT ORDAINED by the City Commission of The City of Springfield, Ohio:
Section 1. That the Finance Director is hereby authorized to purchase 2,750 tons of rock salt at $69.16 per ton for the 2020-2021 winter season from Cargill Inc. Deicing Technology for an amount not to exceed $190,190.00, through the Ohio Department of Transportation Cooperative Purchasing Program in accordance with the provisions of Section 5513.01(B) of the Ohio Revised Code.
Section 2. That this Ordinance shall take effect and be in force from and after fourteen (14) days from the date of its passage.
PASSED this ______day of ______, A.D., 2020.
______PRESIDENT OF THE CITY COMMISSION
______CLERK OF THE CITY COMMISSION Request for Commission Action City of Springfield, Ohio
Item Number:___139-20___
Agenda Date: 07/14/2020 Today's Date: 06/25/2020
Subject: Authorizing an agreement with the Springfield City School District, Board of Education for School Resource Officers
Submitted By: Lee E. Graf, Chief of Police
Department: Police Contact: 937-324-7720
14-Day Ordinance Emergency Ordinance (provide justification below)
Resolution (1 Reading) 14-Day Resolution (2 Readings) Emergency Resolution
Motion Contract Prior Date of Prior Ordinance/Resolution: Ordinance/Resolution: Summary: It is respectfully requested that the City Commission authorize the City Manager authority to enter into an agreement with the Springfield City School District Board of Education, for the purpose of providing supplemental police services to Springfield City Schools, for the 2020-2021 school year; and to perform all acts and execute all documents necessary to fulfill the City's obligation under said agreement and to comply with all relevant local and state requirements.
Justification for Emergency Action: (use reverse side if needed)
Department/Division_____Fund Description______Account Number______Actual Cost___
Total Cost: AN ORDINANCE NO.______
Authorizing the City Manager to enter into a Cooperation Agreement with The Springfield City School District Board of Education to assist the City and the Board of Education in creating and maintaining safe and orderly schools; and confirming and approving services provided up to the passage of this ordinance.
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BE IT ORDAINED by the City Commission of The City of Springfield, Ohio:
Section 1. That the City Manager is hereby authorized to enter into a Cooperation Agreement with The Springfield City School District Board of Education to assist the City and the Board of Education in creating and maintaining safe and orderly schools, a copy of which is attached hereto and is hereby approved.
Section 2. That services provided up to the passage of this ordinance are hereby confirmed and approved.
Section 3. That this Ordinance shall take effect and be in force from and after fourteen (14) days from the date of its passage.
PASSED this ______day of ______, A.D., 2020.
______PRESIDENT OF THE CITY COMMISSION
______CLERK OF THE CITY COMMISSION DocuSign Envelope ID: 6C473A85-6858-4AC2-AF71-1B56642621F1
COOPERATION AGREEMENT
This agreement is effective as of the 24th day of June, 2020, by and between The City of Springfield, Ohio (“City”), whose mailing address is 76 East High Street, Springfield, Ohio 45502, and the Springfield City School District Board of Education (“Board”), whose mailing address is 1500 West Jefferson, Springfield, Ohio 45506. The parties hereto agree as follows:
I. PURPOSE: This Agreement is made to assist the City and the Board in the achievement of their mutual objectives of creating and maintaining safe and orderly schools, reduce violent incidents within the schools and to improve the safety of students on the way to and from school.
II. CITY OBLIGATIONS: The City will:
A. Assign four (4) Police Patrol Officers employed by the City as School Resource Officers (SRO) in accordance with the following: 1. The four individual officers assigned will be selected by the Springfield Chief of Police. 2. Each SRO will receive full and adequate training prior to being assigned. 3. Except when required for a critical emergency response to assure public safety related to an incident off school grounds, the SROs will work within school buildings and on school grounds throughout days when school is in session, subject to occasional periodic absences (i.e. sick days or personal days). 4. In the event that an assigned SRO leaves City employment or is absent from duty for an extended period of time, the Springfield Chief of Police will select a replacement SRO and notify the Board of the replacement.
B. Compensate and provide fringe benefits for the SROs in the same amounts and manner as its other patrol officers.
C. Provide uniforms, equipment and police professional liability insurance for the SROs in the same amounts and manner as its other patrol officers.
D. In addition to the SROs described above, the City will assign additional police patrol officers and/or sergeants in the event of an emergency response necessitating a greater police presence. DocuSign Envelope ID: 6C473A85-6858-4AC2-AF71-1B56642621F1
III. BOARD OBLIGATIONS: The Board will:
A. Cooperate with the City, the Springfield Chief of Police, his subordinates and the employees assigned under this Agreement in the fulfillment of the mutual goals stated herein.
B. Pay to the City the sum One Hundred and Forty-Nine Thousand, Nine- Hundred and Ninety Dollars ($149,990) by September 30, 2020; for the 2020/2021 school year.
C. Pay to the City the sum One Hundred and Forty-Nine Thousand, Nine- Hundred and Ninety Dollars ($149,990) by September 30, 2021; for the 2021/2022 school year.
E. Recognize the fact that the reduced rate for the two school years exists because the officers were not in the schools at the end of the year, 2019/2020 school year.
F. Understand that the rate for the 2022/2023 school year will grow to meet 50% of the costs associated with providing the four (4) officers to the school; currently projected to be at least $184,905 during the 2022/2023 school year.
IV. AGREEMENT PERIOD
This agreement covers services provided by the City to the Board for the period beginning July 1, 2020 and ending June 30, 2022.
IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives in the premises, have hereunto set their hands to duplicate originals as of date first above written.
APPROVED AS TO FORM THE CITY OF SPRINGFIELD, OHIO AND CORRECTNESS:
______BY:______Law Director Bryan L. Heck, City Manager
SPRINGFIELD CITY SCHOOL DISTRICT BOARD OF EDUCATION
BY ______6/24/2020_____ Its Superintendent
6/24/2020 BY ______Its Treasurer
6/24/2020 BY ______Its Board President
Request for Commission Action City of Springfield, Ohio
Item Number:___014-20___
Agenda Date: 7/28/2020 Today's Date: 7/21/2020
Subject: 2020 Supplemental Appropriations
Submitted By: Mark Beckdahl
Department: Finance / Accounting Contact: Tiffany Ross
14-Day Ordinance Emergency Ordinance (provide justification below)
Resolution (1 Reading) 14-Day Resolution (2 Readings) Emergency Resolution
Motion Contract Prior Date of Prior Ordinance/Resolution: Ordinance/Resolution: Summary: I hereby respectfully request legislation approving 2020 supplemental appropriations per the attached listing.
Justification for Emergency Action: (use reverse side if needed) An emergency ordinance has been requested for inclusion on the City Commission legislative agenda to approve a supplemental appropriation ordinance for various funds. This sets all appropriations at the levels discussed during budget hearings and appropriates additional carryover projects.
Department/Division_____Fund Description______Account Number______Actual Cost___
Total Cost: AN ORDINANCE NO.______
Providing for Supplemental Appropriations within various funds, and declaring an emergency therein.
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WHEREAS, the Finance Director has advised the City Commission that supplemental appropriations are necessary to make funding available to carry on the operations of the various municipal departments, thereby avoiding inadvertently creating a technical Ohio Revised Code violation by committing funds twice for different purposes, which creates an emergency to preserve the public peace, property, health and safety, necessitating the immediate effectiveness of this Ordinance: NOW, THEREFORE:
BE IT ORDAINED by the City Commission of The City of Springfield, Ohio, at least four of its members concurring:
Section 1. That the sums listed on the attached Exhibit A are hereby appropriated from the unappropriated balances of the funds indicated.
Section 2. That by reason of the emergency set forth and defined in the preamble hereto, this Ordinance shall take effect and be in force immediately.
PASSED this ______day of ______, A.D., 2020.
______PRESIDENT OF THE CITY COMMISSION
______CLERK OF THE CITY COMMISSION Exhibit A
SUPPLEMENTAL APPROPRIATIONS 2020 Appropriations July 28, 2020
100 GENERAL FUND
Finance / Revenue Collections Other Services 10,000.00
259 ECONOMIC DEVELOPMENT INCENTIVE FUND
City Manager / Economic Development Office Other Services 300,000.00
630 SEWER REVENUE FUND
Utilities / Administration Other Services 122,000.00
Page 1 of 1 Request for Commission Action City of Springfield, Ohio
Item Number:___004-17___
Agenda Date: 7/28/2020 Today's Date: 7/16/2020
Subject: Amending Ordinance No. 19-238 to correct project name
Submitted By: Leo Shanayda
Department: Service Contact: Leo Shanayda
14-Day Ordinance Emergency Ordinance (provide justification below)
Resolution (1 Reading) 14-Day Resolution (2 Readings) Emergency Resolution
Motion Contract Prior Date of Prior Ordinance/Resolution: 19-238 Ordinance/Resolution: 9/10/2019 Summary: This Commission passed Ordinance No. 19-238 authorizing the City Manager to apply for and accept an OPWC grant for the CLA McCreight Avenue Reconstruction, PID No. 104831 project. It is respectfully requested that City Commission amend Ordinance No. 19-238 to correct an incorrect project name referenced in Section 1.
Justification for Emergency Action: (use reverse side if needed) Emergency action is requested in order to accept the grant at the earliest possible time in order to keep the project moving forward.
Department/Division_____Fund Description______Account Number______Actual Cost___
Total Cost: AN ORDINANCE NO. ______
Amending Ordinance No. 19-238 authorizing the City Manager to submit an Application For Financial Assistance and accept a grant from the State of Ohio, Ohio Public Works Commission, to obtain funding in an amount up to $801,409.00 for the CLA McCreight Avenue Project, PID No. 104831; and declaring an emergency therein.
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WHEREAS, this Commission passed Ordinance No. 19-238 on September 10, 2019 authorizing the City Manager to submit an Application For Financial Assistance and accept a grant from the State of Ohio, Ohio Public Works Commission, to obtain funding in an amount up to $801,409.00 for the CLA McCreight Avenue Project, PID No. 104831; and
WHEREAS, Section 1 of Ordinance No. 19-238 listed an incorrect project name; and
WHEREAS, it is necessary that this Ordinance become effective immediately in order to accept the grant at the earliest possible time, which creates an emergency to preserve the public peace, health, safety and property necessitating the immediate effectiveness of this Ordinance; NOW, THEREFORE:
BE IT ORDAINED by the City Commission of The City of Springfield, Ohio, at least four of its members concurring:
Section A. That Section 1 of Ordinance No. 19-238 is hereby amended to read as follows:
Section 1. That the City Manager is hereby authorized to submit an Application For Financial Assistance and accept a grant with the State of Ohio, Ohio Public Works Commission, to obtain funding in an amount up to $801,409.00 for the CLA McCreight Avenue Project, PID No. 104831.
Section B. That by reason of the emergency set forth and defined in the preamble hereto, this Ordinance shall take effect and be in force immediately.
PASSED this ______day of ______, A.D., 2020.
______PRESIDENT OF THE CITY COMMISSION CLERK OF THE CITY COMMISSION Request for Commission Action City of Springfield, Ohio
Item Number:___170-15___
Agenda Date: 07/28/2020 Today's Date: 07/17/2020
Subject: Amendment #3 to Temporary Indefeasible Right of Use Metropolitan Dark Fiber Agreement with Miami Valley Educational Computer Association Regional Council of Governments (MVECA)
Submitted By: Tom Franzen, Assistant City Manager & Director of Economic Development
Department: City Manager’s Office Contact: Tom Franzen, x7300
14-Day Ordinance Emergency Ordinance (provide justification below)
Resolution (1 Reading) 14-Day Resolution (2 Readings) Emergency Resolution
Motion Contract Prior Date of Prior Ordinance/Resolution: 15-179 Ordinance/Resolution: 6/23/2015 16-233 8/16/2016 17-185 8/01/2017 Summary: Respectfully request the City Commission confirm and approve Amendment #3 to the Temporary Indefeasible Right of Use Metropolitan Dark Fiber Agreement with Miami Valley Educational Computer Association Regional Council of Governments (MVECA) which provides fiber cable access to meet the needs of local education boards. The amendment extends the agreement with a 3-year renewal option containing yearly increases at each renewal.
Justification for Emergency Action: (use reverse side if needed) Emergency action is requested in order to continue providing MVECA access to said cable services.
Department/Division_____Fund Description______Account Number______Actual Cost___
Total Cost: AN ORDINANCE NO. ______
Authorizing the City Manager to enter into Amendment No. 3 to the Temporary Indefeasible Right of Use Metropolitan Dark Fiber Agreement with Miami Valley Educational Computer Association Regional Council of Governments (“MVECA”) to extend the term of the agreement to June 30, 2023 and to increase the monthly rate; confirming and approving services provided from June 22, 2020 to the passage of this Ordinance; and declaring an emergency therein.
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WHEREAS, the City and MVECA entered into a Temporary Indefeasible Right of Use Metropolitan Dark Fiber Agreement pursuant to Ordinance No. 15-179 and wish to amend the agreement to their mutual benefit; and
WHEREAS, it is necessary that this Ordinance become effective immediately in order to avoid an interruption in services to MVECA, which creates an emergency to preserve the public peace, health, safety and property necessitating the immediate effectiveness of this Ordinance; NOW, THEREFORE:
BE IT ORDAINED by the City Commission of The City of Springfield, Ohio, at least four of its members concurring:
Section 1. That the City Manager is hereby authorized to enter into Amendment No. 3 to the Temporary Indefeasible Right of Use Metropolitan Dark Fiber Agreement with MVECA, a copy of which is attached hereto and is hereby approved, to extend the term of the agreement to June 30, 2023 and to increase the monthly rate.
Section 2. That services provided from June 22, 2020 to the passage of this Ordinance are hereby confirmed and approved.
Section 3. That by reason of the emergency set forth and defined in the preamble hereto, this Ordinance shall take effect and be in force immediately.
PASSED this ______day of ______, A.D., 2020.
______PRESIDENT OF THE CITY COMMISSION
______CLERK OF THE CITY COMMISSION
Temporary Indefeasible Right Of Use Metropolitan Dark Fiber Agreement
by and between
The City of Springfield, Ohio
and
Miami Valley Educational Computer Association Regional Council of Governments
[June 23, 2015 Agreement -- Amendment #3]
The INDEFEASIBLE RIGHT OF USE METROPOLITAN DARK FIBER AGREEMENT ("Agreement") entered into as of the 23 day of June, 2015, by and between THE CITY OF SPRINGFIELD, OHIO (“C-o-S”), an Ohio municipal corporation, and MIAMI VALLEY EDUCATIONAL COMPUTER ASSOCIATION REGIONAL COUNCIL OF GOVERNMENTS, (“Customer”) an Ohio Council of Governments organized under ORC Chapter 167, (either C-o-S or Customer being referred to in this Agreement as a "Party," and collectively as the "Parties") is hereby amended effective June 22, 2020.
Section D. Article II, Section 2.2 of the Agreement be and hereby is amended to read as follows:
2.2 TERM OF IRU. Unless sooner terminated in accordance with this Agreement, the temporary Indefeasible Right of Use granted to Customer of the Customer Fibers shall be for a term commencing on the Effective Date and extending through June 30, 2023 (the "Term").
Section E. Article III, Section 3.1 of the Agreement be and hereby is amended to read as follows:
3.1 IRU PAYMENT. 3.1.1 In consideration of the grant of the temporary IRU hereunder, for the period June 23, 2015 through June 22, 2016 Customer shall pay C-o-S an IRU fee (the “IRU Fee”) of Six Hundred Dollars ($600) per calendar month, or any portion thereof, payable in advance on the first day of each calendar month. There shall be no proration of the $600/month fee for any portion of a calendar month not used by Customer. The first IRU fee of $600 shall be paid to C-o-S on the Effective Date. 3.1.2 In consideration of the grant of the temporary IRU hereunder, for the period June 23, 2016 through June 30, 2017 Customer shall pay C-o-S an IRU fee (the “IRU Fee”) of Seven Hundred Dollars ($700) per calendar month, or any portion thereof, payable in advance on the first day of each calendar month. There shall be no proration of the $700/month fee for any portion of a calendar month not used by Customer. The first IRU fee of $700 shall be paid to C-o-S on the Effective Date.
3.1.3 In consideration of the grant of the temporary IRU hereunder, for the period July 1, 2017 through June 30, 2018 Customer shall pay C-o-S an IRU fee (the “IRU Fee”) of Seven Hundred Twenty Five Dollars ($725) per calendar month, or any portion thereof, payable in advance on the first day of each calendar month. There shall be no proration of the $725/month fee for any portion of a calendar month not used by Customer.
3.1.4 In consideration of the grant of the temporary IRU hereunder, for the period July 1, 2018 through June 30, 2019 Customer shall pay C-o-S an IRU fee (the “IRU Fee”) of Seven Hundred Fifty Dollars ($750) per calendar month, or any portion thereof, payable in advance on the first day of each calendar month. There shall be no proration of the $750/month fee for any portion of a calendar month not used by Customer.
3.1.5 In consideration of the grant of the temporary IRU hereunder, for the period July 1, 2019 through June 30, 2020 Customer shall pay C-o-S an IRU fee (the “IRU Fee”) of Seven Hundred Seventy Five Dollars ($775) per calendar month, or any portion thereof, payable in advance on the first day of each calendar month. There shall be no proration of the $775/month fee for any portion of a calendar month not used by Customer.
3.1.6 In consideration of the grant of the temporary IRU hereunder, for the period July 1, 2020 through June 30, 2021 Customer shall pay C-o-S an IRU fee (the “IRU Fee”) of Nine Hundred Dollars ($900) per calendar month, or any portion thereof, payable in advance on the first day of each calendar month. There shall be no proration of the $900/month fee for any portion of a calendar month not used by Customer.
3.1.7 In consideration of the grant of the temporary IRU hereunder, for the period July 1, 2021 through June 30, 2022 Customer shall pay C-o-S an IRU fee (the “IRU Fee”) of Nine Hundred Twenty Five Dollars ($925) per calendar month, or any portion thereof, payable in advance on the first day of each calendar month. There shall be no proration of the $925/month fee for any portion of a calendar month not used by Customer.
3.1.8 In consideration of the grant of the temporary IRU hereunder, for the period July 1, 2022 through June 30, 2023 Customer shall pay C-o-S an IRU fee (the “IRU Fee”) of Nine Hundred Seventy Five Dollars ($975) per calendar month, or any portion thereof, payable in advance on the first day of each calendar month. There shall be no proration of the $975/month fee for any portion of a calendar month not used by Customer.
Section F. In all other respects the Agreement shall continue in full force and effect.
(Signatures to follow)
2 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.
APPROVED AS TO FORM THE CITY OF SPRINGFIELD, OHIO AND CORRECTNESS:
______BY:______Assistant Law Director Bryan Heck, City Manager
MIAMI VALLEY EDUCATIONAL COMPUTER ASSOCIATION REGIONAL COUNCIL OF GOVERNMENTS
BY:______Thor Sage, Executive Director
3 Request for Commission Action City of Springfield, Ohio
Item Number:___153-20___
Agenda Date: 7/28/20 Today's Date: 7/14/20
Subject: 2020 Justice Assistance Grant/Interlocal Agreement Confirm and Approve
Submitted By: Lee E. Graf, Chief of Police
Department: Police Contact: 937-324-7720
14-Day Ordinance Emergency Ordinance (provide justification below)
Resolution (1 Reading) 14-Day Resolution (2 Readings) Emergency Resolution
Motion Contract Prior Date of Prior Ordinance/Resolution: Ordinance/Resolution: Summary: It is respectfully requested that the City Commission authorize the Chief of Police and the City Manager authority to submit a grant application for the 2020 Justice Assistance Grant in the amount of $32,399. Also to request authorization to enter into an interlocal agreement with the Board of County Commissioners of Clark County, Ohio, in conjunction with the 2020 Justice Assistance Grant. The Agreement authorizes the split of JAG Funds, $32,399 between the City and the County. The City's portion of grant funds ($16,200.00) will be used to purchase various safety/technology equipment for the City of Springfield Police Division. Also to authorize the City Manager, Finance Director and Chief of Police to perform all acts and execute all documents they consider necessary to fulfill the City's obligations under said grant and to comply with all relevant local and state requirements.
Justification for Emergency Action: (use reverse side if needed) I respectfully request approval for an Emergency Ordinance for the July 28th, 2020 agenda to enter into an interlocal agreement with the Board of County Commisioners of Clark County, Ohio and to confirm and approve our portion of the 2020 Justice Assistance Grant. Emergency action is requested to meet the submittal deadline of August 19, 2020.
Department/Division_____Fund Description______Account Number______Actual Cost___
Total Cost: AN ORDINANCE NO. ______
Authorizing the City Manager and the Chief of Police to submit a grant application for the 2020 Byrne Justice Assistance Grant (JAG) Program Award, to provide funding in the amount of $32,399.00 to purchase various safety/technology equipment; authorizing the City Manager to enter into an Interlocal Agreement between the City and The Board of County Commissioners of Clark County, Ohio for an amount not to exceed $16,199.00 in connection with the 2020 Byrne Justice Assistance Grant; and declaring an emergency therein.
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WHEREAS, it is necessary that this Ordinance become effective immediately in order to comply with grant submittal requirements, which this Commission finds creates an emergency to preserve the public peace, property, health and safety, necessitating the immediate effectiveness of this Ordinance: NOW, THEREFORE:
BE IT ORDAINED by the City Commission of The City of Springfield, Ohio, at least four of its members concurring:
Section 1. That the City Manager and the Chief of Police are hereby authorized to submit a grant application for the 2020 Byrne Justice Assistance Grant (JAG) Program Award, to provide funding in the amount of $32,399.00 to purchase various safety/technology equipment.
Section 2. That the City Manager is authorized to enter into an Interlocal Agreement, a copy of which is attached hereto, between the City and The Board of County Commissioners of Clark County, Ohio for an amount not to exceed $16,199.00 in connection with the 2020 Byrne Justice Assistance Grant.
Section 3. That by reason of the emergency set forth and defined in the preamble hereto, this Ordinance shall take effect and be in force immediately.
PASSED this ______day of ______, A.D., 2020.
______PRESIDENT OF THE CITY COMMISSION
______CLERK OF THE CITY COMMISSION GMS APPLICATION NUMBER: 2020-H7500-OH-DJ CITY SECRETARY CONTRACT NO. ______THE STATE OF OHIO KNOW ALL BY THESE PRESENT COUNTY OF CLARK
INTERLOCAL AGREEMENT BETWEEN THE CITY OF Springfield, Ohio AND COUNTY OF Clark, Ohio
2020 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD
This Agreement is made and entered into this____day of______, 2020, by and between The COUNTY of Clark, acting by and through its governing body, the Board of County Commissioners, hereinafter referred to as COUNTY, and the CITY of Springfield, acting by and through its governing body, the City Commission, hereinafter referred to as CITY, both of Clark County, State of Ohio, WITNESSETH:
WHEREAS, this Agreement is made under the authority of Sections 9.26, 5705.42 of the Ohio Revised Code: and
WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and
WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement: and
WHEREAS, the CITY agrees to provide the COUNTY $16,199.00 from the JAG award for the Technology and Equipment Upgrade Program: and
WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds.
NOW THEREFORE, the COUNTY and CITY agree as follows:
Section 1.
CITY agrees to pay COUNTY a total of $16,199.00 of JAG funds.
Section 2.
COUNTY agrees to use $16,199.00 for the Technology and Equipment Upgrade Program until September 30, 2023.
Section 3.
Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Federal Tort Claims Act.
Page 1 of 2 Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Federal Tort Claims Act.
Section 5.
Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party.
Section 6.
The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement.
Section 7.
By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.
THE CITY OF SPRINGFIELD, OHIO THE BOARD OFCOUNTY COMMISSIONERS, CLARK COUNTY, OHIO
______Bryan Heck, City Manager Jennifer Hutchinson, County Administrator
APPROVED AS TO FORM APPROVED AS TO FORM AND CORRECTNESS: AND CORRECTNESS:
______Jill Allen, Law Director Daniel Driscoll, Prosecuting Attorney
*By law, the District Attorney’s Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contracts or legal document on behalf of other parties. Our view of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their own respective attorney(s).
Page 2 of 2 Request for Commission Action City of Springfield, Ohio
Item Number:___154-20___
Agenda Date: 07/28/2020 Today's Date: 07/20/2020
Subject: WTP Rewind Repair of a 3750 KVA Three Phase Substation Transformer
Submitted By: Mark Beckdahl, Finance Director
Department: Finance Contact: Emily Adamson, Buyer
14-Day Ordinance Emergency Ordinance (provide justification below)
Resolution (1 Reading) 14-Day Resolution (2 Readings) Emergency Resolution
Motion Contract Prior Date of Prior Ordinance/Resolution: Ordinance/Resolution: Summary: It is respectfully requested that City Commission enter into an agreement with Triec Electrical Services, 1630 Progress Drive, Springfield, Ohio 45505 for an amount not to exceed $176,170.00 for the rewind repair of a 3750 KVA three phase substation transformer at the Water Treatment Plant. This expenditure is being made through The State of Ohio Department of Administrative Services (ODAS) Contract #MMA7592.
Justification for Emergency Action: (use reverse side if needed) Emergency legislation is requested in order to secure the pricing of the quote that we received dated for July 6, 2020. The quote is only valid for (30) days.
Department/Division_____Fund Description______Account Number______Actual Cost___ WTP WTP Transformer Rebuild Repair 221127-6050 PR 6248 $176,170.00
Total Cost: $176,170.00 AN ORDINANCE NO. ______
Authorizing the rewind repair of a 3750 KVA three phase substation transformer at the Water Treatment Plant, from Triec Electrical Services, Inc., for an amount not to exceed $176,170.00, through the Ohio Department of Administrative Services, pursuant to Ohio's Cooperative Purchasing Act in accordance with the provisions of Section 125.04 of the Ohio Revised Code; and declaring an emergency therein.
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WHEREAS, pursuant to Resolution No. 4443, the City has opted to secure to itself the benefits of the Ohio Cooperative Purchasing Act pursuant to Section 125.04 of the Ohio Revised Code to enable purchases through the Ohio Department of Administrative Services (ODAS); and
WHEREAS, the City wishes to rewind repair a 3750 KVA three phase substation transformer at the Water Treatment Plant, pursuant to the Ohio Cooperative Purchasing Act; and
WHEREAS, it is necessary that this Ordinance become effective immediately in order to secure pricing, which creates an emergency to preserve the public peace, health, safety and property necessitating the immediate effectiveness of this Ordinance; NOW, THEREFORE:
BE IT ORDAINED by the City Commission of The City of Springfield, Ohio, at least four of its members concurring:
Section 1. That the rewind repair of a 3750 KVA three phase substation transformer at the Water Treatment Plant from Triec Electrical Services, Inc., 1630 Progress Drive, Springfield, Ohio 45505, for an amount not to exceed $176,170.00, through the Ohio Department of Administrative Services, pursuant to Ohio's Cooperative Purchasing Act in accordance with the provisions of Section 125.04 of the Ohio Revised Code is hereby authorized.
Section 2. That by reason of the emergency set forth and defined in the preamble hereto, this Ordinance shall take effect and be in force immediately.
PASSED this ______day of ______, A.D., 2020.
______PRESIDENT OF THE CITY COMMISSION CLERK OF THE CITY COMMISSION Request for Commission Action City of Springfield, Ohio
Item Number:___129-19___
Agenda Date: 7/28/2020 Today's Date: 7/20/2020
Subject: Amendment No. 2 with Burgess & Niple, Inc., for the Eastern Pressure District Waterline Upgrades, Phase 2 Preliminary and Detailed Design Submitted By: Leo Shanayda, City Engineer
Department: Service Contact: Chris Moore, Service Director
14-Day Ordinance Emergency Ordinance (provide justification below)
Resolution (1 Reading) 14-Day Resolution (2 Readings) Emergency Resolution
Motion Contract Prior Date of Prior Ordinance/Resolution: 19-32 Ordinance/Resolution: 5/07/19 20-80 3/10/20
Summary: An amendment is needed with Burgess & Niple to revise the scope of the project. The revision consists of removing tasks number 5.1 (Cultural Resource Review - Waterlines) in the amount of $3,815 and 5.2 (Cultural Resource Review – Pump Station) in the amount of $1,420.
Task number 5.10 (Fiber Optic Easement) will be added in the amount of $5,235. The total awarded amount will not change.
Due to a change in the scope of the project an amendment must be issued.
Justification for Emergency Action: (use reverse side if needed) This authorization should be granted as an emergency in order to keep the project on schedule and the ability to start the acquisition process as soon as possible.
Department/Division_____Fund Description______Account Number______Actual Cost___
Total Cost: AN ORDINANCE NO.______
Authorizing the City Manager to enter into Amendment No. 2 to the Agreement for Consulting Engineering Services [Eastern Pressure District Water Upgrades - Phase 2 Preliminary and Detailed Design] with Burgess & Niple, Inc. to shift funds among project tasks; and declaring an emergency therein.
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WHEREAS, the City and Burgess & Niple, Inc. entered into an Agreement for Consulting Engineering Services [Eastern Pressure District Water Upgrades - Phase 2 Preliminary and Detailed Design] on May 9, 2019 and amended on March 11, 2020, and now wish to amend said agreement to modify the scope of services for the project; and
WHEREAS, it is necessary that this Ordinance become effective immediately in order to avoid delay with the project, which creates an emergency to preserve the public peace, health, safety and property necessitating the immediate effectiveness of this Ordinance; NOW, THEREFORE:
BE IT ORDAINED by the City Commission of The City of Springfield, Ohio, at least four of its members concurring:
Section 1. That the City Manager is hereby authorized to enter into Amendment No. 2 to the Agreement for Consulting Engineering Services [Eastern Pressure District Water Upgrades - Phase 2 Preliminary and Detailed Design] with Burgess & Niple, Inc., a copy of which is attached hereto and is hereby approved, to shift funds among project tasks.
Section 2. That by reason of the emergency set forth and defined in the preamble hereto, this Ordinance shall take effect and be in force immediately.
PASSED this ______day of ______, A.D., 2020.
______PRESIDENT OF THE CITY COMMISSION
______CLERK OF THE CITY COMMISSION
AGREEMENT FOR CONSULTING ENGINEERING SERVICES [Eastern Pressure District Water Upgrades – Phase 2 Preliminary and Detailed Design] Amendment #2
THIS AMENDING AGREEMENT is made and entered into this ____day of ______2020 by and between THE CITY OF SPRINGFIELD, OHIO (hereinafter referred to as the "OWNER"), whose mailing address is 76 E. High St., Springfield, OH 45502, and BURGESS & NIPLE, INC. (hereinafter referred to as "ENGINEER"), an Ohio corporation whose mailing address is 5085 Reed Rd., Columbus, OH 43220-4141: WITNESSETH: WHEREAS, OWNER and ENGINEER have entered into an Agreement For Consulting Engineering Services to provide OWNER with assistance to plan an expansion with proper water supply infrastructure to the OWNER’S water distribution system to the east side of Springfield serving the Eastern Pressure District and wish to modify certain provisions of the Subject Agreement to provide for Phase 2 Preliminary and Detailed Design Services.
NOW, THEREFORE, in reliance upon the representations of the ENGINEER the parties agree as follows, note, the compensation provided under this agreement has not changed:
Section A. Article IV of the Subject Agreement be and hereby is amended as follows:
“4.1 The OWNER shall pay ENGINEER a sum not to exceed the amount of Nine Hundred Seventy Eight Thousand Six Hundred Eighty-Four Dollars ($978,685) in consideration for Phase 2 services properly performed under Article I for Tasks 1, 2, 3, and 4.
4.1.1 “If-authorized” tasks will be completed by ENGINEER at the direction of the OWNER. ENGINEER will invoice OWNER for “if-authorized” tasks upon completion. Payments for Tasks 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7A through C, 5.8A and B, and 5.9A and B, and 5.10 noted shall not exceed the maximum sum of Sixty-Two Thousand, Four Hundred Eighteen Dollars ($62,418).
Payment will be made to ENGINEER for work properly performed and invoiced, subject to the following parameters: Project Stage Completed Compensation not to Exceed Task 1 - Preliminary Design $427,167 Task 2 - Detailed Design $491,413 Task 3 – Bidding Assistance $28,575 Task 4 – Project Management $31,530 Task 5 - If Authorized Items Task 5.1 – Cultural Resource Review - Waterlines $3,815 Task 5.2 – Cultural Resource Review – Pump Station $1,420 Task 5.3 – Additional SUE (Up to 16) $17,660
Task 5.4 – Radio Study $7,628 Task 5.5 – Review Bids $5,070 Task 5.6 – 401/404 Permitting $9,750 Task 5.7A – 42 ODOT Report (Qty 4) $2,800 Task 5.7B – Abbrev Report (Qty 7) $3,500 Task 5.7C – GPD Coord Review (Qty 7) $875 Task 5.8A – WD Take (Qty 1) $1,600 Task 5.8B – Permanent Easements (Qty 1) $1,100 Task 5.9A – Legal Descriptions (Qty 9) $4,050 Task 5.9B – Temporary Exhibits (Qty 9) $3,150 Task 5.10 – Fiber Optic Easement $5,235
“4.4 It is agreed that the compensation described in this Article shall constitute the entire consideration to ENGINEER for all services (i.e. task work, including any subcontracted services and all expenses incurred) performed by ENGINEER pursuant to this Agreement. In no event shall the total compensation paid to ENGINEER for services rendered (regardless of the amount of overtime work ENGINEER deems necessary for ENGINEER'S timely performance of ENGINEER'S obligations under this Agreement), for all Tasks including “If-Authorized” items, subcontracted services and expenses exceed the maximum sum of One Million, Forty-Six Thousand, Three Hundred and Thirty Eight Dollars ($1,046,338.00).”
Section B. In all other respects the Subject Agreement shall continue in full force and effect.
IN WITNESS WHEREOF, the parties hereto affixed their signatures by themselves, or by their officers or agents duly authorized in the premises on the day and year first above written.
APPROVED AS TO FORM THE CITY OF SPRINGFIELD, OHIO AND CORRECTNESS:
______Assistant Law Director Bryan Heck, City Manager
Date ______BURGESS & NIPLE, INC. I hereby certify that the money required for payment of the above obligation in the sum of $5,235.00 at the time of the making of this contract or order, was lawfully appropriated for such purpose ______and was in the treasury or in process of collection to the credit of the proper item of appropriation free from any previous encumbrance.
______Finance Director
Request for Commission Action City of Springfield, Ohio
Item Number:___225-18___
Agenda Date: 7/28/2020 Today's Date: 7/20/2020
Subject: Urban Fast Forward Amendment for Phase II Engaged Neighborhood Planning
Submitted By: Shannon Meadows, Community Development Director
Department: Community Development Contact: Shannon Meadows
14-Day Ordinance Emergency Ordinance (provide justification below)
Resolution (1 Reading) 14-Day Resolution (2 Readings) Emergency Resolution
Motion Contract Prior Date of Prior Ordinance/Resolution: Ordinance/Resolution: Summary: The City of Springfield entered into a contract with Urban Fast Forward to carryout engagement and planning services for the near Southwest neighborhood, commonly referred to as the Engaged Neighborhood. Phase I contract work included areas between South Limestone Street, Center Street, Pleasant Street and Perrin Avenue.
Community Development staff respectfully requests Commission consider Emergency Action to authorize the second phase of this planning and engagement contract. The second phase will include in depth planning and engagement activities between Center Street and Yellow Spring Street. Action and implementation activities will be done throughout the phase I and phase II areas – thus expanding the total study area from Limestone Street to Yellow Springs Street.
The engagement and planning work carried forth by the neighbors of the Engaged Neighborhood, as well as Urban Fast Forward planning partners has been well received. Neighbors are looking for the expanded study area to include Yellow Springs Street. Staff is ready to move forward with work engaging the youth of the greater Engaged Neighborhood, implementation of place making activities and continued planning engagement for revitalization and reinvestment in this near Southwest neighborhood. Justification for Emergency Action: (use reverse side if needed) Emergency action is requested so that the contract may be in place by the end of July 2020. Staff, along with neighborhood partners, are currently working with youth in the neighborhood to present the first phase of the Engaged Neighborhood plan from the eyes of young neighbors. Additionally, staff and partners, alongside the youth and Urban Fast Forward will design a street mural for the intersection of Center Street and Clark Street to be applied later this summer. COVID-19 has interrupted much of the planning process in 2020, and has delayed the official presentation of the first phase of the plan to the community; however, committed partners are ready to move forward with the works presented in the phase I plan and ready to support the youth who are taking the lead in presenting the phase I plan to the community. In order to not delay this important work any further, staff requests commission consider emergency action so as to continue the important work in this greater neighborhood. Department/Division_____Fund Description______Account Number______Actual Cost___ Community Development CDBG $100,000.00
Total Cost: $100,000.00 AN ORDINANCE NO.______
Authorizing the City Manager to enter into a Consulting Agreement with Urban Fast Forward, Ltd. for the Springfield Engaged Neighborhood Planning Process Development (Phase II) for an amount not to exceed $100,000.00; and declaring an emergency therein.
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WHEREAS, this City Commission established as one of its Goals and Objectives of 2019-2020 a need to develop strategies that lead to the strengthening and growth of the residential neighborhoods; and
WHEREAS, this Commission authorized a neighborhood planning study in Ordinance No. 18-261 which was conducted by Urban Fast Forward, Ltd.; and
WHEREAS, Urban Fast Forward, Ltd., holds itself out as a firm experienced and qualified in the development and implementation of neighborhood planning and engagement that will meet the City’s needs and conform to HUD standards; and
WHEREAS, it is necessary that this Ordinance become effective immediately in order to avoid delay with the project, which creates an emergency to preserve the public peace, health, safety and property necessitating the immediate effectiveness of this Ordinance; NOW, THEREFORE:
BE IT ORDAINED by the City Commission of The City of Springfield, Ohio, at least four of its members concurring:
Section 1. The City Manager is authorized to enter into a Consulting Agreement, a copy of which is attached hereto and is hereby approved, with Urban Fast Forward, Ltd. for the Springfield Engaged Neighborhood Planning Process Development (Phase II) for an amount not to exceed $100,000.00.
Section 2. The City Manager and the Community Development Director are hereby authorized to perform all acts and execute all documents they consider necessary to complete the neighborhood plan described above and to comply with all relevant local, state and federal legal requirements.
Section 3. That by reason of the emergency set forth and defined in the preamble hereto, this Ordinance shall take effect and be in force immediately.
PASSED this ______day of ______, A.D., 2020.
______PRESIDENT OF THE CITY COMMISSION CLERK OF THE CITY COMMISSION SPRINGFIELD ENGAGED NEIGHBORHOOD PLANNING PROCESS DEVELOPMENT (PHASE II) CONSULTING AGREEMENT
THIS AGREEMENT entered into this ______day of ______, 2020 by and between THE CITY OF SPRINGFIELD, OHIO (the “City”) whose mailing address is 76 East High Street, Springfield, OH 45502 and URBAN FAST FORWARD, LTD (“Consultant”), a consulting firm whose mailing address is 1306 Main Street, Cincinnati, OH 45202.
WHEREAS, the City requires assistance with the development and implementation of an Engaged Neighborhood Planning Process for the Near Southwest Neighborhood, and including Center Street to South Yellow Springs Street, from West Johnny Lytle Avenue to West Pleasant Street (Phase II area) as well as implementation efforts resulting from the Engaged Neighborhood Plan Phase I, in an effort to increase development and economic revitalization in the neighborhood (the “Project”); and
WHEREAS, Consultant holds itself out as a firm experienced and qualified in the development and implementation of neighborhood planning and engagement that will meet the City’s needs and conform to HUD standards.
NOW, THEREFORE, the parties hereto agree as follows:
ARTICLE I – Scope of Services
Section 1. Consultant shall perform all work necessary to perform the six-page scope of work attached hereto as “Exhibit A” and incorporated herein by reference, to properly complete the Project.
Section 2. The Project Area is described in “Exhibit B”, attached hereto and incorporated herein by reference.
Section 3. Consultant shall conduct three public workshops in Springfield to meet with stakeholder group representatives and shall also hold meetings to meet with City representatives. Consultant will gather and analyze all data necessary to formulate a successful Engaged Neighborhood Plan Phase II.
Section 4. Consultant shall prepare and deliver to the City a written draft report (in PDF format) containing Consultant's findings and recommendations.
Section 5. After the City and Consultant have reviewed the draft report together at a meeting to be arranged in Springfield, OH, the Consultant shall make necessary revisions to its report and shall prepare and deliver to the City a written final report (in PDF format) containing Consultant's findings and recommendations.
Section 6. After delivery of Consultant’s final report, Consultant shall provide qualified personnel to attend, participate and deliver a PowerPoint description and explanation of the proposed Engaged Neighborhood Plan Phase II in one public meeting in Springfield, OH (to be arranged by the City) to brief Springfield leaders and stakeholders to obtain local support for the conclusions proposed by the City and Consultant as described in Consultant’s final report.
Section 7. Consultant shall provide qualified personnel to attend, participate and deliver a PowerPoint description and explanation of the proposed Engaged Neighborhood Plan Phase II in additional public meetings (i.e. in addition to the one described in Section 6, above) in Springfield, OH (to be arranged by the City) for the cost per additional meeting as specified in Article III, Section 3, below.
Section 8. The Consultant shall provide advisory services to assist in the implementation of initiatives from Phase One of the Springfield Engaged Neighborhood Plan. The Consultant shall also coordinate with City Staff on various planning projects outside the scope of the Engaged Neighborhood Plan, including but not limited to services regarding food security and retail services in the wake of retail closures along South Limestone Street.
Section 9. The Consultant shall provide advisory services and will help perform certain key initiatives identified in the Engaged Neighborhood Plan Phase I. Consultant will provide these services for a duration of one year. Services will include two (2) conference calls per month and four (4) meetings in Springfield, OH. Consultants will be dedicated one hundred (100) hours over the course of the year. Additional hours will be billed at an hourly rate over the cost of the contract.
ARTICLE II -- Performance
Section 1. The services described in Article I above shall be completed by Consultant so that the following schedule can be complied with: 1. Complete data collection and the initial public workshop on or before December 31, 2020. 2. Deliver written draft report on or before April 15, 2021. 3. Deliver written final report within fourteen days after receiving the City’s complete comments on the draft report.
Section 2. All work performed by Consultant pursuant to this Agreement shall be performed to the complete satisfaction of City's City Manager.
ARTICLE III -- Compensation
Section 1. The City agrees to compensate Consultant for services performed under Article I, Sections 1-9 for a total lump sum of $92,000. The City shall not
2 compensate Consultant in excess of the following amounts unless City expressly authorizes those additional services offered by Consultant in Exhibit A:
Milestone Milestone Payments Completion of public workshop #1 $23,000.00 Completion of public workshop #2 $23,000.00 Completion of public workshop #3 $23,000.00 Delivery of the final report and completion of $23,000.00 Article I, Section 5 services
Consultant shall invoice City for each of the above payments in order for the payment to become due.
Section 2. Consultant may proportionally invoice the City on a monthly basis for progress made toward the completion of those service milestones pursuant to Section 1 above. At no point in time shall Consultant bill for an amount larger than those amounts set forth in Section 1. All invoices presented shall be in a form acceptable to City's Finance Director and shall specify the work for which the City is being invoiced. Payment will be made to Consultant no later than thirty (30) days after City receives a proper invoice for payment. Final payment to which Consultant is entitled, shall be made no later than thirty (30) days after the work described in this Agreement has been satisfactorily completed and a proper final invoice has been delivered to the City.
Section 3. The cost per hour for additional meetings as described in Article I, Section 7 is $135.00.
Section 4. If the City determines it is necessary to utilize an on-line engagement platform option, as set forth in Exhibit A, it shall notify Consultant in writing. Consultant shall in turn charge the City a one-time management fee of Four Thousand Five Hundred Dollars ($4,500.00), pursuant to page six of Exhibit A.
Section 5. It is agreed that the compensation described in this Article for services described in this Agreement shall constitute the entire consideration to Consultant for all services (including any subcontracted services and expenses incurred) performed by Consultant pursuant to this Agreement. In no event shall the total consideration paid to Consultant for services or additionally authorized elected services rendered exceed the maximum sum of One Hundred Thousand Dollars and No Cents ($100,000.00) with any increase being approved and authorized by City’s City Commission in advance.
ARTICLE IV – General Provisions
Section 1. The City may, at any time prior to the completion of full performance by Consultant of the consulting services under this Agreement, terminate this Agreement by giving written notice not less than ten (10) calendar days prior to the effective date of termination. If the termination is for the City's convenience, payment to Consultant will be
3 made promptly for the amount of fees earned and all reimbursable expenses then due to the effective date of termination, less any payments previously made. Consultant shall make no claim for any additional compensation or lost profits, or damages of any kind against the City by reason of such termination, and the amount herein provided for will be the total compensation to which Consultant will be entitled in the event of such termination
Section 2. All reviews and approvals to be done on behalf of the City under this Agreement shall be performed by the City's City Manager.
Section 3. It is agreed that Consultant shall have the status of an independent contractor under this Agreement. Consultant shall pay and make all required filings in connection with state, city and federal payroll taxes, social security contributions and workers' compensation and unemployment insurance premiums or any other required payments or filings in connection with the engagement of any persons or firms Consultant may use in performing its responsibilities under this Agreement.
Section 4. Consultant agrees that all operations conducted by it pursuant to this Agreement shall be in complete compliance with all applicable federal, state and local constitutions, charters, statutes, ordinances, rules and regulations of whatever nature. Warning: It is unlawful for officials and employees of City to receive gratuities. Discrimination by Consultant on grounds of race, religion, color, ancestry, nature origin, sex or sexual orientation is unlawful and shall subject Consultant to forfeiture.
Section 5. Consultant agrees that it shall comply with the City's minority business enterprise requirements as stated in Chapter 153 of the City's Codified Ordinances.
Section 6. Consultant agrees to indemnify the City from any liability and to save the City harmless from any damage which the City may suffer as a result of negligent acts or omissions of Consultant or any employee or agent of Consultant. Notwithstanding any language to the contrary contained in this Agreement, neither party shall be liable to the other for lost profits, consequential, special, or indirect damages in any way arising out of this Agreement.
Section 7. Failure of City to complain of any act or omission on the part of Consultant no matter how long the same may continue, shall not be deemed to be a waiver by City of any of its rights hereunder. No waiver by City at any time, express or implied, of any breach of any provision of this Agreement shall be deemed a waiver of a breach of any other provision of this Agreement or consent to a subsequent breach of the same or any other provision.
Section 8. This Agreement constitutes the entire understanding of the parties and shall not be altered, changed, modified, or amended except by similar instruments in writing, executed by the parties hereto.
Section 9. It is agreed that none of the parties shall have the right at any time
4 to assign its interest in and to this Agreement without the written consent of the other party.
Section 10. The applicable laws of the City of Springfield, Ohio and the State of Ohio shall govern this Agreement, including but not limited to matters of validity, construction, effect, and performance.
Section 11. This Contract shall be executed in identical counterparts; each of which, when so executed and delivered, shall be deemed an original and all signatures delivered by facsimile and/or electronically shall be as effective as original signatures.
Section 12. By affixing the signature below the same represents that he/she is a duly authorized officer with authority to act on behalf of and bind Contractor to this contractual agreement.
Section 13. This Agreement is binding upon and inures to the benefit of the parties hereto, their respective legal representatives, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have set their hands as of the date first above written.
APPROVED AS TO FORM THE CITY OF SPRINGFIELD, OHIO AND CORRECTNESS:
______BY: Law Director ______Bryan L. Heck, Its City Manager
Date ______URBAN FAST FORWARD, LTD I hereby certify that the money required for payment of the above obligation in the sum of $ ______at the time of the making of this contract or order, was lawfully appropriated for such purpose and was in the treasury or in process of collection to the credit of the proper item of appropriation free from any previous encumbrance. BY: ______
______Finance Director
5 Exhibit A
Springfield Engaged Neighborhood Plan Phase Two: A Plan for South Center Street to South Yellow Springs Street Phase One: Implementation
Phase Two: A Plan for South Center Street to South Yellow Springs Street, from West Johnny Lytle Avenue to West Pleasant Street
Goals: To enable neighborhood residents to build civic capacity from within by growing and/or establishing long-term, sustainable neighborhood based entities which can facilitate neighbors connecting with each other through vision, goals, amenities, services, and events.
To provide a road map of actions which lead to a resurgent neighborhood.
To create a plan for changes to the built environment which will enrich the lives of current and future: residents, businesses, and cultural and educational institutions.
To provide a common set of goals and initiatives generated by stakeholders including residents, businesses, cultural & educational institutions, service providers, and governments.
Work Plan Outline (Center to Yellow Springs): o Consultant’s Walks and Data Collection o Stakeholder Meetings Preparation • [Workshop #1] Stakeholder Brainstorm Meetings o Development of Ideas • [Workshop #2] Ideas Workshop o Planning and Follow up • [Workshop #3] Honing the Vision Workshop o Plan Completion o Plan Approvals
It is assumed that an Advisory Group will be established to continually work with and advise the Consultants for the duration of these services.
In response to limitations posed by the COVID-19 outbreak, we have adjusted all three public engagement sessions to incorporate physical distancing. We have also created an option for employing an on-line engagement platform (e.g. Mind Mixer, Bang The Table).
Consultants’ Walks & Data Collection Urban Fast Forward and CUDA Studio (the Consultants) will walk the neighborhood reviewing the overall status of the physical environment. This field survey will be general in nature and will consist of a cursory review of: • Lot vacancy
6 • Building vacancy and general condition • Street and sidewalk general condition • Land / building use
UFF will collect necessary data regarding demographics, retail market demand, and other salient points. CUDA Studio will use site drawings from Phase I planning and will revise as necessary. Consultants will create maps and graphic elements for the Doorknob Survey and Brainstorming Workshop.
Stakeholder Meetings Preparation Consultants will prepare for the Stakeholder Brainstorm Meetings by creating the following exhibits: • Existing conditions exhibits • Imagery of potential physical improvements • Activation ideas
[Workshop #1] Stakeholder Brainstorm Meetings: Digital Meetings: Consultants will have a series of web-based (Zoom) meetings, within a single day, with the following stakeholder group: • Key business owners along South Yellow Springs Street and side streets • Church and non-profit organization leaders from within and around the study area • Key residents from within and around the study area (maybe) • Potential development partners (real estate developers, CDC, equity / finance partners, etc.)
Corner Lot Coffee Booth: Consultants will also host a “Corner Lot Coffee Booth” on a Saturday (8:00am to 2:00pm). Consultants will set up a small booth near a key intersection or in a vacant lot in the neighborhood. Consultants will have gathered data (maps, photos, and other documents which reveal information about the neighborhood) to generate discussion from residents who stop by. o The booth will be advertised with door hangers and posters displayed at institutions (churches, Rocking Horse, The Dome) and local businesses along South Yellow Springs. o Consultants will create the door hanger and poster. o City of Springfield will print an distribute the door hangers and posters, will provide the coffee and the booth and table.
On-Line Engagement Platform OPTION: The consultants and City will establish an on-line engagement platform (e.g. Mind Mixer, Bang The Table). The Exhibits will be posted on the platform with survey questions and inteactive fields for website visitors to offer “brainstorm ideas” through narrative comments, drawings, photos, and map-pinning. The Consultant will manage the website to maintain editorial control.
7 The purpose of the web-based (Zoom) meetings and the Corner Lot Coffee Booth will be to assess the needs and desires of participants and brainstorm ideas which may include: • establishment and growth of organizations • physical improvements to the public realm • amenities and services • commercial and retail opportunities • one-time or ongoing programs and events • housing demand
Development of Ideas Consultant will develop ideas for physical, organizational, and economic improvements for the neighborhood. Consultant will show ideas through brief narratives, photos, and graphics. Consultant will prepare the ideas documents for both web-based (PDF, JPEG) and physical (large format printed sheets) presentation.
[Workshop #2] Ideas Workshop Consultants will present a few preliminary ideas for improvements which participants will review and provide feedback. Participants will also share additional new ideas on different topics and issues.
Digital Meetings: Consultants will lead four digital (Zoom) meetings which will provide a forum to have frank discussions about existing conditions and ideas for improvements. The meetings will be limited in size to 20 people maximum to facilitate open, productive discussions. The groups will be determined either by re-engaging the stakeholder groups from Workshop #1 or according to initiative topic areas or some other manner developed at a later time.
Corner Lot Coffee Booth: Consultants will host a second “Corner Lot Coffee Booth” on a Saturday (8:00am to 2:00pm). Consultants will set up a small booth near a key intersection or in a vacant lot in the neighborhood. Consultants will have the preliminary ideas (shown in graphics and text printed large format) and will gather feedback from residents who stop by. o The booth will be advertised with door hangers and posters displayed at institutions (churches, Rocking Horse, The Dome) and local businesses along South Yellow Springs. o Consultants will create the door hanger and poster. o City of Springfield will print an distribute the door hangers and posters, will provide the coffee and the booth and table.
On-Line Engagement Platform OPTION: The consultants will load the preliminary ideas for improvements into the on-line engagement platform (e.g. Mind Mixer, Bang The Table). Website visitors will offer feedback on the ideas presented by answering questions, generating comments, and possibly voting. The Consultant will manage the website to maintain editorial control.
8 Planning and Follow Up The Consultants will compile the information generated at the Ideas Workshop.
The Advisory Group will discuss community ideas and examine potential initiatives with the Consultants.
The Consultants will create a first draft of the plan and will prepare both dig.
[Workshop #3] Honing the Vision Workshop Consultants will present highlights of the draft plan and receive feedback from participants in an open house session. Consultant will prepare the draft plan intitiatives for both web-based (PDF, JPEG) and physical (large format printed sheets / boards) presentation.
Open House: Since this workshop will probably take place in late fall or winter, an indoor location will be needed. The location will need to be large enough so that people can view the boards at different stations while maintaining six foot physical distances (Fulton School, Clark County Library, etc.). Consultants will attend the open house to answer questions and discuss the initiatives. Participants will provide feedback verbally and through written comment cards.
The consultants can leave the initiative boards in the venue with comment cards and a submission box if the venue allows this and provides a secure location.
On-Line Engagement Platform OPTION: The consultants will load the highlights of the draft plan into the on-line engagement platform (e.g. Mind Mixer, Bang The Table). Website visitors will offer feedback on the ideas presented by answering questions, generating comments, and possibly voting. The Consultant will manage the website to maintain editorial control.
Finalizing the Plan The Consultants will finalize the plan. The plan will include text and graphics, and will provide the City and stakeholders with an implementation matrix linked to the plan.
The final deliverable will be an 11x17 PDF document.
At an additional cost, the Consultants can create an external plan-specific website.
Plan Approvals The Consultants will present the plan to the Springfield City Commission for their approval.
9 Phase One: Implementation of the Initiatives for First Phase Engaged Study Area
The Consultants will provide advisory services to assist in the implementation of initiatives from Phase One of the Springfield Engaged Neighborhood Plan. The Consultants will also provide advisory services regarding retail food service in the wake of the Kroger Corporation’s decision to close its South Limestone Street location. These services will be provided in meetings and telephone / video conference.
Implementation Responsibilities and Strategies The Consultants will meet with residents, city officials, county officials, cultural institutions, development partners, the Engaged Neighborhood Plan Advisory Committee, and other stakeholders to help defining what people and entities will be responsible for completion of the initiatives. The Consultants will also meet with these stakeholders to advise on strategies for completing the Phase 1 initiatives.
Advocacy The Consultants can meet with others to help them understand the thinking behind certain initiatives and to advocate for why initiatives are wise to achieve. These people and entities could include: • Banks / lenders • City, county and state officials (elected and staff) • Parks / recreation • Cultural institutions • Business leaders
Doing The Consultants will help perform certain key initiatives. These can include: • Painting Streets and other tactical initiatives (graphic preparation, preparation / layout of graphics at site, etc.) as determined by client and consultant. • Provide policy framework, examples, and advice to city staff on the following issues pertaining to the First Phase of the Engaged Neighborhood: o Code Enforcement o Zoning o Landmarks Commission and historic guidelines o Street design and other public infrastructure • Advise and provide branding framework and examples • Advise and facilitate discussion regarding Community Development Corporations
Quantity of Advisory Services The Consultant will provide these advisory services for a duration period of one year upon acceptance of this Agreement as follows:
Two (2) conference calls per month Four (4) meetings in Springfield
10 Consultants will dedicate 100 hours over the course of the year. Hours exceeding this amount will be billed at a rate of $135 an hour over the cost of the contract.
Kroger Site Real Estate Urban Fast Forward is uniquely positioned to serve as the real estate advisor in a transaction of this type. Such services if required will be compensated under a separate agreement.
FEES Planning services for Phase 2, and advisory services for Phase 1 shall be a lump sum fee of: $92,000
On-Line Engagement Platform OPTION: The consultants can manage the on-line platform for an additional fee of: $4500. Please note, this fee includes just editorial management of the on-line platform and not the cost of the on-line platform itself.
The cost of on-line platforms are subscription based and therefore depend on the duration and capacity desired by the City. On-line platforms are usually procured directly by the city who retains control of the platform for the duration of the subscription. Springfield would be able to use the on-line platform for purposes in addition to the Engaged Neighborhood Plan Phase 2.
END
11 Phase I Area
Exhibit B Phase II Area
12 Request for Commission Action City of Springfield, Ohio
Item Number:___155-20___
Agenda Date: 07/28/2020 Today's Date: 07/21/2020
Subject: Design and Engineering Services – Mount Joy Water Line Replacement
Submitted By: Mark Beckdahl
Department: Engineering Contact: Leo Shanayda, City Engineer
14-Day Ordinance Emergency Ordinance (provide justification below)
Resolution (1 Reading) 14-Day Resolution (2 Readings) Emergency Resolution
Motion Contract Prior Date of Prior Ordinance/Resolution: Ordinance/Resolution: Summary: It is respectfully requested that the City Commission authorize the City Manager to enter into a Contract for Design and Engineering Services for Mount Joy Water Line Replacement with Korda/Nemeth Engineering Inc., 1650 Watermark Dr., Suite 200 Columbus, OH 43215. The Contract shall not-to-exceed $68,194.48.
Justification for Emergency Action: (use reverse side if needed) It is requested that the City Commission authorize an emergency ordinance in order to expedite the start of this work and to fit the scheduling needs of the surveyors on the project.
Department/Division_____Fund Description______Account Number______Actual Cost___ Service/Engineering 620 221127-4030 PR6236 $68,194.48
Total Cost: $68,194.48 AN ORDINANCE NO.______
Authorizing the City Manager to enter into an Engineering Agreement with Korda/Nemeth Engineering, Inc. for the Mount Joy Water Line Replacement Project for an amount not to exceed $68,194.48, and declaring an emergency therein.
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WHEREAS, the City's Purchasing Division has advertised for and received proposals for professional engineering and design services for the Mount Joy Water Line Replacement Project; and
WHEREAS, after receiving and reviewing the proposals submitted, the City's Purchasing Division has recommended award of contract to Korda/Nemeth Engineering, Inc. for the Mount Joy Water Line Replacement Project for an amount not to exceed $68,194.48; and
WHEREAS, it is necessary that this Ordinance become effective immediately in order to expedite the start of design of this project, which this City Commission finds creates an emergency to preserve the public peace, health, safety, welfare and property, necessitating the immediate effectiveness of this Ordinance: NOW, THEREFORE:
BE IT ORDAINED by the City Commission of The City of Springfield, Ohio, at least four of its members concurring:
Section 1. That the City Manager is hereby authorized to enter into an Engineering Agreement with Korda/Nemeth Engineering, Inc. for the Mount Joy Water Line Replacement Project for an amount not to exceed $68,194.48.
Section 2. That the contract with Korda/Nemeth Engineering, Inc. for the Mount Joy Water Line Replacement Project, a copy of which is attached hereto, is hereby approved.
Section 3. That by reason of the emergency set forth and defined in the preamble hereto, this Ordinance shall take effect and be in force immediately.
PASSED this ______day of ______, A.D., 2020.
______PRESIDENT OF THE CITY COMMISSION CLERK OF THE CITY COMMISSION
ENGINEERING AGREEMENT
MOUNT JOY WATERLINE REPLACEMENT
This Agreement is entered into on ______, 2020 by THE CITY OF SPRINGFIELD, OHIO, a municipal corporation ("Owner") whose mailing address is 76 East High Street, Springfield, Ohio 45502 and KORDA/NEMETH ENGINEERING, INC. ("Korda") whose mailing address is 1650 Watermark Drive, Suite 200, Columbus, Ohio 43215- 7010:
1. Recitals.
a. The Owner wishes to obtain professional engineering services to design the Mount Joy waterline replacement (the "Project"); and b. The Project is for replacement of 3850 L.F. of aging 6” waterline with a new 8” main from Morton Street to East High Street; and c. The Project will be designed in accordance with current City of Springfield and professional organization standards; and d. Korda is an engineering firm experienced in designing and replacing water and sewer infrastructure; and e. The Owner and Korda have negotiated a mutually acceptable Agreement to accomplish studies and design work for the Project.
The Parties agree as follows:
2. Services.
a. Kick Off -- Upon receiving Authorization to Proceed from Owner, Korda shall schedule a kick-off meeting with Owner to confirm project requirements and identify specific design constraints. b. Permits, Regulatory Compliance, and Documentation -- Korda shall: i. Contact the appropriate utility companies early in the design process to discuss relocation options and coordinate all utility relocations and connections. ii. Obtain existing utility plans and tap cards. iii. Obtain utility maps from affected utility companies. iv. Consult with state and local government agencies concerning the project and the requirements covering items in which they have regulatory interest. v. Prepare and submit all necessary documents and gain approval from all regulatory agencies having jurisdiction over the Project. c. Field Survey -- Korda shall: i. Complete the necessary topographic surveys required to prepare detailed construction drawings for the Project. The topographic survey will include at a minimum: pavement, curb, fence, culvert pipes, storm sewers, sanitary sewers, water lines, gas lines, other public or private utility lines, manholes, vaults, utility poles, trees, landscaping amenities, right-of-way line, pavement striping, and signals. Provide written notification to all property owners within the area abutting the Project prior to commencing survey work. ii. Obtain plans of other improvements in the Project area and obtain right-of- way maps. iii. Prepare a survey locating all utilities affected by the Project. A. Plot utility locations from maps on City mapping; B. Perform field reconnaissance of site to verify possible conflicts. iv. Complete all necessary geotechnical exploration in accordance with ODOT requirements, including soil borings, laboratory testing or other tests which are necessary to complete the design work as described below, including pavement design, and provide Owner with a written summary discussing the findings of the geotechnical exploration and provide recommendations pertaining to reconstructing the proposed roadway subgrade. v. If applicable, set Project bench marks tied to Clark County or City monuments (at least two permanent bench marks will be provided). vi. Set baseline points for survey control and construction layout (baseline will show 100' stations, and 50' half stations). vii. Determine horizontal and vertical location of all existing utilities within the Project limits.
2 viii. Prepare and deliver to Owner a base map showing the above-mentioned information collected by Korda. Mapping shall also show right-of-way lines (by recovering existing monumentation) and street addresses.
3. Owners Responsibilities.
a. It is mutually understood and agreed that the Owner will furnish, as required for the Project work and not at the expense of Korda, the following items: i. All maps, drawings, records, and other data that are available in the files of the Owner and which may be useful in the work involved under this Agreement. ii. Access to public and private property, as necessary, when required in conduct of field investigations. iii. Charges for review of drawings and specifications by government agencies and permit fees
4. Performance.
a. Korda shall perform all services described above so as to meet the schedule attached hereto as “EXHIBIT A” and incorporated into this Agreement by this reference. b. All work performed by Korda and by any subcontractors of Korda shall be performed to the satisfaction of Owner’s City Engineer. c. At the Owner’s request, Korda shall meet with Owner’s City Engineer, or his designee, at 2100 Lagonda Avenue, Springfield, Ohio to review the progress being made on the Project.
5. Compensation.
a. The Owner shall pay Korda in accordance with the Section 2 for actual, documented costs to Korda of subcontracted services and Korda services billed at Korda usual and customary rates. Compensation which may be paid to Korda is limited as described in EXHIBIT B – Cost Analysis.
3 b. Sums to be paid, in every case, are subject to receipt of a monthly invoice for payment specifying the work performed. The monthly invoice shall be in a form acceptable to Owner’s Finance Director. Payment will be made to Korda no later than thirty (30) days after Owner receives the invoice for payment. Final payment shall be made to Korda within thirty (30) days after submission of a final invoice and the Owner’s City Engineer certifies that all work required of Korda under this Agreement has been satisfactorily completed and the construction of the Project has been completed and accepted. c. It is agreed that the compensation described in this Section 5 shall constitute the entire consideration to Korda for all services (including expenses incurred and subcontracting costs) performed by Korda pursuant to this contracts “Scope of Services”. In no event shall the consideration paid to Korda for services exceed the maximum sum of Sixty-Eight Thousand One Hundred Ninety-Four Dollars and Forty-Eight Cents ($68,194.48) unless additional compensation is approved in advance by an ordinance adopted by Owner’s City Commission.
6. Termination.
a. The Owner may, at any time prior to the completion of full performance by Korda of the engineering services under this Agreement, terminate this Agreement by giving written notice not less than ten (10) calendar days prior to the effective date of termination. b. If the termination is for the Owner’s convenience, payment to Korda will be made promptly for the amount of fees earned and all reimbursable expenses then due to the effective date of termination, less any payments previously made. c. Korda shall make no claim for any additional compensation or lost profits, or damages of any kind against the Owner by reason of such termination, in the amount herein provided for will be the total compensation to which Korda will be entitled in the event of such termination.
4
7. Additional Requirements.
a. All reviews and approvals to be done on behalf of the Owner under this Agreement shall be performed by the Owner’s City Engineer. b. It is agreed that Owner shall have the right, title and interest in the copyright for all materials prepared by Korda for the Owner in performing its responsibilities under this Agreement. All documents, including drawings, computer files and diskettes prepared by Korda, pursuant to this Agreement, are instruments of service and respect to the Project. All reports, designs, plans, specifications, estimates, and field notes, after approval and acceptance, shall become the property of Owner. Said documents are not intended or represented by Korda to be suitable for reuse or alteration by Owner or others on the Project, or extensions thereof, or on any other project. c. Any such reuse or alteration, including alteration during construction, without the express written verification of adaptation of Korda, shall be a risk and without liability or legal exposure to Korda. Any such verification of the adaptation relative to said reuse or alteration shall entitle Korda to further compensation as mutually determined by the Owner and Korda. In the event of discrepancies between the disk files and the sealed mylar original drawings, the sealed mylar original drawings shall govern. d. It is agreed that Korda shall have the status of an independent contractor under this Agreement. Korda shall pay and make all required filings in connection with state, city and federal payroll taxes, social security contributions and workers' compensation and unemployment insurance premiums or any other required payments or filings in connection with the engagement of any persons or firms Korda may use in performing its responsibilities under this Agreement. e. Korda agrees that all operations conducted by or pursuant to this Agreement shall be in complete compliance with all federal, state and local constitutions, charters, statutes, ordinances, rules and regulations of whatever nature. WARNING: It is unlawful for officials and employees of Owner to receive gratuities.
5 Discrimination by Korda on grounds of race, religion, color, ancestry, nature origin, or sex is unlawful and shall subject Korda to forfeiture. f. Korda shall maintain in effect throughout the term of this Agreement professional errors and omissions insurance with a liability limit of no less than $1,000,000. Upon execution of this document Korda shall deliver to Owner a certificate certifying to Owner that such insurance is in effect and that it will not be cancelled without at least fifteen (15) days advance notice to Owner. g. Any controversy or claim arising out of, or relating to, this Agreement or the breach thereof, shall be settled by arbitration in accordance with the rules then obtaining of the American Arbitration Association, and judgment upon the award rendered may be entered in any court having jurisdiction thereof. It is agreed that any and all proceedings conducted in arbitrating any dispute under this Agreement shall be held in Springfield, Ohio. h. Except as otherwise provided herein, Korda agrees to indemnify the Owner from any liability and to save the Owner harmless from any damage which the Owner may suffer as a result from the acts or omissions of Korda or any employee or agent of Korda. Korda shall maintain in effect throughout the term of this Agreement commercial general liability insurance, including contractual coverage, with a liability limit of no less than $500,000 combined single limit coverage. Upon execution of this document Korda shall deliver to Owner a certificate certifying to Owner that such insurance is in effect and that it will not be cancelled without at least fifteen (15) days advance notice to Owner. i. Failure of Owner to complain of any act or omission on the part of Korda no matter how long the same may continue, shall not be deemed to be a waiver by Owner of any of its rights hereunder. No waiver by Owner at any time, express or implied, of any breach of any provision of this Agreement shall be deemed a waiver of a breach of any other provision of this Agreement or consent to a subsequent breach of the same or any other provision.
6 j. This Agreement, including the recitals hereto and exhibits, constitutes the entire understanding of the parties and shall not be altered, changed, modified, or amended except by similar instruments in writing, executed by the parties hereto. k. It is agreed that none of the parties shall have the right at any time to assign its interest in and to this Agreement without the written consent of the other party. l. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original agreement and both of which shall constitute one and the same agreement. The counterparts of this agreement may be executed and delivered by facsimile or other electronic signature (including portable document format) by either of the parties and the receiving party may rely on the receipt of such document so executed and delivered electronically or by facsimile as if the original had been received. m. This Agreement is binding upon and inures to the benefit of the parties hereto, their respective legal representatives, successors and assigns.
8. Signatures
Owner and Korda have executed this agreement by their duly authorized representatives on the date first above written.
APPROVED AS TO FORM THE CITY OF SPRINGFIELD, OHIO AND CORRECTNESS:
______BY:______Assistant Law Director Bryan Heck, City Manager
Date ______KORDA/NEMETH ENGINEERING, INC. I hereby certify that the money required for payment of the above obligation in the sum of $______at the time of the making of this contract or order, was lawfully appropriated for such purpose and was in the treasury or in process of collection to the BY:______credit of the proper item of appropriation free from any previous encumbrance. ______Finance Director
7 EXHIBIT A
Exhibit B