CITY OF SANDUSKY COMMISSIONERS REGULAR SESSION AGENDA ... · PDF fileCITY OF SANDUSKY...

CITY OF SANDUSKY COMMISSIONERS

REGULAR SESSION AGENDA December 12, 2011 at 5 p.m.

City Hall, 222 Meigs Street

INVOCATION PLEDGE OF ALLEGIANCE CALL TO ORDER ROLL CALL D. Kaman, J. Hamilton, R. Brady, J. Farrar, D. Waddington, D. Cole & P. Brown APPROVAL OF MINUTES November 28 and December 2, 2011 AUDIENCE PARTICIPATION Agenda items listed below only (3 minute limit) PRESENTATION Auditor of State Award

Tom Speir, Greenhouse Foreman RE Emerald Ash Tree Program Update PUBLIC HEARING 1) Amendments to Zoning Map as filed by Firelands Regional Health System 2) Amendments to Zoning Map as filed by Robert Crawford COMMUNICATIONS Motion to accept all communications submitted below CURRENT BUSINESS ITEM #1 – Submitted by Amanda Meyers, Paralegal Budgetary Information: The cost associated with this purchase agreement is the total amount of the title examination, deed preparation, escrow fees and any other customary fees that may be due and payable in the ordinary course of the sale and purchase transaction. The city will recoup the cost of the expenses from the non-refundable earnest money deposit of five hundred thirty four dollars and fifty cents ($534.50) required to be paid by the purchasers. The taxing districts will begin collecting approximately one hundred fifty one dollars and forty eight cents ($151.48) per year in real estate taxes. The sale of this property will enhance surrounding property values and the taxing districts will once again begin collecting real property taxes. ORDINANCE NO. : It is requested an Ordinance be passed declaring that certain real property owned by the city as part of the land reutilization program identified as parcel #57-03343.000, located at 314 Reese Street, Sandusky, is no longer needed for any municipal purpose and authorizing the execution of a purchase agreement with respect to that real property; and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter.

ITEM #2 – Submitted by George Poulos, Program Administrator Budgetary Information: There is no impact on the city’s general fund. All projects in the program will be paid for through the CHIP grant funds. RESOLUTION NO. : It is requested a Resolution be passed authorizing and directing the city manager of the City of Sandusky, Ohio, to file an application for financial assistance from the FY 2012 Community Housing Improvement program through the Ohio Department of Development’s Office of Housing and Community Partnerships; and declaring that this resolution shall take immediate effect in accordance with Section 14 of the city charter.

ITEM #3 – Submitted by Todd J. Roth, P.E., P.S. Budgetary Information: Funds for the purchase of these items are routinely included in the operating budgets of the water and sewer plants. CONTRACT #1/ORDINANCE NO. : It is requested an Ordinance be passed authorizing and directing the city manager to purchase 6,000 gallons, more or less, of liquid sodium permanganate from Bonded Chemical of Columbus, Ohio, for use at the Big Island Water Works plant during the calendar year 2012; and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter. CONTRACT #2/ORDINANCE NO. : It is requested an Ordinance be passed authorizing and directing the city manager to purchase 18,000 gallons, more or less, of hydrofluosilicic acid from Bonded Chemical of Columbus, Ohio, for use at the Big Island Water Works plant during the calendar year 2012; and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter. CONTRACT #3/ORDINANCE NO. : It is requested an Ordinance be passed authorizing and directing the city manager to purchase 41,400 gallons, more or less, of sodium hydroxide liquid from JCI Jones Chemicals of Barberton, Ohio, for use at the Big Island Water Works plant during the calendar year 2012; and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter. CONTRACT #4/ORDINANCE NO. : It is requested an Ordinance be passed authorizing and directing the city manager to purchase 86,000 gallons, more or less, of sodium hypochlorite from JCI Jones Chemicals of Barberton, Ohio, for use at the Big Island Water Works plant during the calendar year 2012; and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter. CONTRACT #5/ORDINANCE NO. : It is requested an Ordinance be passed authorizing and directing the city manager to purchase 710 tons, more or less, of aluminum sulfate polymer blend liquid from Applied Specialties of Avon Lake, Ohio, for use at the Big Island Water Works plant during the calendar year 2012; and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter. CONTRACT #6/ORDINANCE NO. : It is requested an Ordinance be passed authorizing and directing the city manager to purchase 20 tons, more or less, of powdered activated carbon from Bonded Chemical of Columbus, Ohio, for

use at the Big Island Water Works plant during the calendar year 2012; and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter. CONTRACT #7/ORDINANCE NO. : It is requested an Ordinance be passed authorizing and directing the city manager to purchase 240,000 pounds, more or less, of ferrous chloride solution from Kemira Water Solution of Lawrence, Kansas, for use at the Waste Water Treatment plant during the calendar year 2012; and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter.

ITEM #4 – Submitted by Todd J. Roth, P.E., P.S. Budgetary Information: Funds for this licensing fee are routinely included in the Big Island Water Works operating budget each year. ORDINANCE NO. : It is requested an ordinance be passed authorizing and directing the finance director to make payment to the State of Ohio Environmental Protection Agency for the renewal of the license to operate a public water system for the CY 2012; and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter.

ITEM #5 – Submitted by Todd J. Roth, P.E., P.S. Budgetary Information: Funds for this discharge fee are routinely included in the Waste Water Treatment plant operating budget each year. ORDINANCE NO. : It is requested an Ordinance be passed authorizing and directing the finance director to make payment to the State of Ohio Environmental Protection Agency for the annual discharge fee for NPDES Permit #2PF00001 for the Waste Water Treatment plant for the CY 2011; and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter.

ITEM #6 - Submitted by: Todd J. Roth, P.E., P.S. Budgetary Information: Mr. Waggoner and Mr. Mularoni will be paid at the rate of $55 per hour for work performed up to a maximum of $5,000 each. The cost of these contracts will be paid with the building division operating budget. A portion of the plan review expense will be paid by the collection of plan review fees by the department of planning, engineering and development. ORDINANCE NO. : It is requested an Ordinance be passed authorizing and directing the city manager to enter into a consulting contract with Don C. Waggoner for CY 2012, a copy of which is attached hereto; and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter. ORDINANCE NO. : It is requested an Ordinance be passed authorizing and directing the city manager to enter into a consulting contract with Scott J. Mularoni for CY 2012, a copy of which is attached hereto; and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter.

ITEM #7 - Submitted by Todd J. Roth, P.E., P.S. Budgetary Information: The current contract with Erie Blacktop, Inc. is $190,890.76 which included a $10,000 contingency and with the addition of this change order #1 in the amount of $3,226.80, the contract amount will remain $190,890.76, however, the contingency will be reduced to $6,773. The contract with Erie Blacktop, Inc. will be paid with Community Development Block Grant funds ($150,000) and street funds ($40,890.76). ORDINANCE NO. : It is requested an Ordinance be passed authorizing and directing the city manager to approve the first change order for work performed by Erie Blacktop, Inc., of Sandusky, Ohio, for the Columbus Avenue resurfacing project in the amount of $3,226.80; and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter.

ITEM #8 – Submitted by Todd J. Roth, P.E., P.S. Budgetary Information: The cost of refuse and recycling pickup and disposal is paid through the general fund, recreation fund, water fund and sewer fund based on the usage (number of pickups per week and the container size). It is recommended that the city enter into a three-year contract for a total not to exceed $86,400. ORDINANCE NO. : It is requested an Ordinance be passed authorizing and directing the city manager to enter into a contract with F.S.I. Disposal/Fultz & Son, Inc., of Clyde, Ohio, for refuse/recycling collection on city property for the period of January 1, 2012 through December 31, 2014; and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter.

ITEM #9 – Submitted by Todd J. Roth, P.E., P.S. Budgetary Information: The City will have a minimum of 25% matching fund obligation if the grant application is approved. Past investigatory and other costs incurred at the site will constitute part of that matching payment with Capital Funds used to provide the remainder. RESOLUTION NO. : It is requested a Resolution be passed authorizing and directing the city manager to file a grant application with the State of Ohio to participate in the Clean Ohio Revitalization Fund; and declaring that this resolution shall take immediate effect in accordance with Section 14 of the city charter.

ITEM #10 – Submitted by Todd J. Roth, P.E., P.S. Budgetary Information: The total fee is $33,000.00. The $33,000.00 contractual services agreement to prepare and submit the application is to be paid from the Engineering Department’s operating budget. If funding is awarded, $10,000.00 of this cost can be used as matching funds. ORDINANCE NO. : It is requested an Ordinance be passed authorizing and directing the city manager to enter into an agreement with the Mannik and Smith Group, Inc., of Maumee, Ohio, for assistance in preparation of the Clean Ohio Revitalization Fund grant application for the former Sandusky Cabinets property redevelopment ready project; and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter.

ITEM #11 – Submitted by Thomas Schwan, Transit Administrator Budgetary Information: STS will receive $10.44 per trip from the Erie County Board of Developmental Disabilities for the length of the proposed contract. This money collected will be used to offset the capital planning and operating

expenses and go toward the Job Access and Reverse Commute programs (JARC) local match of $51,200, Project #’s JARC-4022-071-101 and JARC-0022-071-102 through the Ohio Department of Transportation and the Federal Transit Administration. ORDINANCE NO. : It is requested an Ordinance be passed authorizing and directing the city manager to enter into an agreement for transportation services between the City of Sandusky and the Erie County Board of Developmental Disabilities, substantially in the same form attached hereto; and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter.

ITEM #12 – Submitted by Thomas Schwan, Transit Administrator Budgetary Information: STS operations and administration are funded in whole by the Federal Transit Administration, State of Ohio, local contributing agencies, local contributing private entities and the daily fare box collections. No general fund monies are used in the daily operation of STS. ORDINANCE NO. : It is requested an Ordinance be passed authorizing and directing the city manager to enter into a contract for transportation services between the City of Sandusky and MV Contract Transportation Inc., substantially in the same form attached hereto; and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter.

ITEM #13 – Submitted by Carrie R. Handy, Chief Planner Budgetary Information: This action will not impact the city operating budget. Revolving Loan Fund monies are restricted in use and this loan is within the guidelines of the program. The company estimates that, when complete, the project will result in the hiring of 35 new full-time employees (20 in year 1, 10 in year 2 and 5 in year 3). The new hires will result in additional income taxes for the city. ORDINANCE NO. : It is requested an Ordinance be passed authorizing and approving an economic development loan in the amount of $150,000 to Adrienne’s Gourmet Foods, Inc. and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter.

ITEM #14 - Submitted by Carrie R. Handy, Chief Planner & Enterprise Zone Manager Budgetary Information: This administrative action will not impact the city’s operating budget. RESOLUTION NO. : It is requested a Resolution be passed accepting and approving the City of Sandusky Tax Incentive Review Council’s (T.I.R.C.) recommendations regarding current taxation agreements; and declaring that this resolution shall take immediate effect in accordance with Section 14 of the city charter.

ITEM #15 – Submitted by Carrie R. Handy, Chief Planner Budgetary Information: The City of Sandusky will award Erie-Huron Counties Community Action Agency, Inc. $100,000 to provide emergency home repairs and accessibility modifications to low- and moderate income single-family homeowners in Sandusky under the rules and regulations of the Community Development Block Grant program. The maximum assistance is $7,999 per household. Erie-Huron Counties Community Action Agency, Inc. is providing $28,510 from other local and government program funding sources. There is no impact to the city’s general fund. ORDINANCE NO. : It is requested an Ordinance be passed authorizing and directing the city manager to enter into a subrecipient agreement with the Erie-Huron Counties Community Action Commission, Inc., substantially in the same form as attached hereto, and to expend an amount not to exceed $100,000 from the FY 2011 Community Development Block Grant funds; and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter.

ITEM #16 – Submitted by Carrie R. Handy, Chief Planner Budgetary Information: The City of Sandusky will award the Erie County General Health District a total of $35,000; $10,000 to provide 2-1-1 Information and Referral Services and $25,000 to provide the community wellness outreach program. Erie County General Health District is providing the match for the 2-1-1 Information and Referral Services program from other local funding sources of $18,500 and in-kind match of $8,000. The community Wellness outreach program has an in-kind match of $7,951. There is no impact to the city’s general fund. ORDINANCE NO. : It is requested an Ordinance be passed authorizing and directing the city manager to enter into a subrecipient agreement with the Erie County General Health District, substantially in the same form as attached hereto; and to expend an amount not to exceed $35,000 from the FY 2011 community development block grant funds; and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter.

ITEM #17 – Submitted by Carrie R. Handy, Chief Planner Budgetary Information: The City of Sandusky will award the Center for Cultural Awareness $21,000 to implement the Citizens Circle program. Funds will be used for administrative management and marketing of the program to assist ex-offenders to become acclimated back into society. The Center for Cultural Awareness is providing $4,718 of an in-kind match to support the program. There is no impact to the city’s general fund. ORDINANCE NO. : It is requested an Ordinance be passed authorizing and directing the city manager to enter into a subrecipient agreement with the Center for Cultural Awareness, substantially in the same form as attached hereto; and to expend an amount not to exceed $21,000 from the FY 2011 community development block grant funds; and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter.

ITEM #18 – Submitted by Carrie R. Handy, Chief Planner Budgetary Information: The City of Sandusky will award Volunteers of America $65,000 to provide homeless prevention services including emergency rental, mortgage and utility assistance to low- and moderate income residents in Sandusky under the rules and regulations of the community development block grant. Emergency rental, mortgage and utility (gas, water and electric) assistance will be provided for maximum of three months. The maximum assistance is $3,000 per family. There is no impact to the city’s general fund. ORDINANCE NO. : It is requested an Ordinance be passed authorizing and directing the city manager to enter into a subrecipient agreement with the Volunteers of America Northwest Ohio, substantially in the same form as attached hereto; and to expend an amount not to exceed $65,000 from the FY 2011 community development block

grant funds; and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter. CITY MANAGER’S REPORT OLD BUSINESS NEW BUSINESS AUDIENCE PARTICIPATION Open discussion on any item (5 minute limit) EXECUTIVE SESSION ADJOURNMENT Buckeye CableSystem broadcast on Cable Channel 81: REPLAYS: Monday, December 12 at 8:30 p.m.

Tuesday, December 13 at 5 p.m. Monday, December 19 at 7 p.m.

CITY COMMISSIONERS DANIEL J. KAMAN, President DONALD C. ICSMAN, Law Director/Acting City Manager JOHN F. HAMILTON, Vice President KELLY L. KRESSER, Commission Clerk 222 MEIGS STREET RICHARD R. BRADY HANK S. SOLOWIEJ, C.P.A., Finance Director SANDUSKY, OH 44870 PERVIS D. BROWN, JR. Phone: 419.627.5850 DIEDRE Y. COLE Fax: 419.627.5825 JULIE A. FARRAR DAVID L. WADDINGTON www.ci.sandusky.oh.us

SANDUSKY, OHIO – HOME OF ‘AMERICA’S ROLLER COAST’®

P R E S S R E L E A S E

Contact: Kelly L. Kresser, Commission Clerk [email protected] December 6, 2011

Sandusky Receives Clean Audit Report Sandusky – A recent financial audit of the City of Sandusky by the Auditor of State Dave Yost’s office has returned a clean audit report. The City of Sandusky’s excellent recordkeeping has earned it the “Auditor of State Award”. The Auditor of State Award is presented to local governments and school districts upon completion of a financial audit. Entities that receive the award meet the following criteria of a “clean” audit report:

• Must be a GAAP (Generally Accepted Accounting Principles) entity without a CAFR (Certified Annual Financial Report) that timely files their financial reports with the Auditor of State;

• The audit report does not contain any findings for recovery, material citations, material weaknesses, significant deficiencies, single audit findings or questioned costs;

• The entity’s management letter contains no comments related to:

o Ethics referrals o Questioned costs less than $10,000 o Lack of timely report submission o Reconciliation o Failure to obtain a timely single audit o Findings for recovery less than $100 o Public meetings or public records

In addition, the City of Sandusky has submitted its 2010 CAFR to the Government Finance Officers Association of the United States and Canada (GFOA) for recognition. We believe the preparation of the 2010 CAFR meets the GFOA requirements and anticipate receiving our 20th Certificate of Achievement for Excellence in Financial Reporting, a prestigious national award recognizing conformance with the highest standards for preparation of state and local government financial reports.

mailto:[email protected]

CITY COMMISSIONERS DANIEL J. KAMAN, President DONALD C. ICSMAN, Law Director/Acting City Manager JOHN F. HAMILTON, Vice President KELLY L. KRESSER, Commission Clerk 222 MEIGS STREET RICHARD R. BRADY HANK S. SOLOWIEJ, C.P.A., Finance Director SANDUSKY, OH 44870 PERVIS D. BROWN, JR. Phone: 419.627.5850 DIEDRE Y. COLE Fax: 419.627.5825 JULIE A. FARRAR DAVID L. WADDINGTON www.ci.sandusky.oh.us

SANDUSKY, OHIO – HOME OF ‘AMERICA’S ROLLER COAST’®

P R E S S R E L E A S E

Contact: Kelly L. Kresser, City Commission Clerk [email protected] November 1, 2011

NOTICE OF PUBLIC HEARING

Sandusky - The City of Sandusky will conduct a Public Hearing during the course of its regular meeting on Monday, December 12, 2011 at 5 p.m. in City Building, first floor conference room, 222 Meigs Street, to consider the following:

1) An application for an amendment to the Zoning Map has been filed by Firelands Regional Health System for the property located at 911 Decatur Street, Parcel #58-00323.000. This is for the rezoning of this property from “R2F”/Two-Family Residential District to “PF”/Public Facilities District to allow for the housing of nursing students in the existing dwelling on the property.

2) An application for an amendment to the Zoning Map has been filed by Firelands Regional Health

System for the following properties: the northwest corner of Prospect and Tyler Streets, comprised of Parcel Numbers: #58-01864.000, #58-02019.000, #58-00277.000, #58-00916.000, #58-01735.000, #58-01736.000, #58-00331.000, #58-00752.000, #58-02495.000, #58-00989.000, #58-02865.000, #58-01649.000, #58-01884.000, 58-02548.000; for the southeast corner of Prospect and Tyler Streets, Parcel #58-02209.000 and for the parking area/helipad area bounded by Fulton and Decatur Streets and the vacated portion of Porter Street, being part of Parcel #58-69002.001.These rezonings from “R2F”/Two-Family Residential District to “PF”/Public Facilities District are requested to reflect the usage of the properties as parking areas for Firelands Regional Medical Center.

3) An application for an amendment to the Zoning Map has been filed by Robert Crawford for the

property located at 302 Fremont Avenue, Parcel #60-00470.000. This is for the rezoning of this property from “R1-75”/Single-Family Residential District to “RB”/Roadside Business District to allow for the construction of a parking lot expansion for the Margaritaville restaurant.

Further details and information with respect to the above matters may be obtained from the Division of Planning, 222 Meigs Street, Monday through Friday from 8 a.m. to 5 p.m. All persons interested in or affected by these requests will have the right and opportunity to be heard at this meeting. Kelly Kresser Clerk of the City Commission ADVERTISE NOVEMBER 7 & 28, 2011

mailto:[email protected]

TO: Don Icsman, Acting City Manager FROM: Amanda Meyers, Paralegal DATE: December 2, 2011 RE: City Commission Agenda Item ITEM FOR CONSIDERATION: The purpose of this communication is to request approval of legislation allowing the City Manager to execute a ‘Purchase Agreement’ and sale of non-productive land that the City has acquired through the City of Sandusky’s Land Reutilization Program, that is no longer needed for any municipal purpose and is identified as 314 Reese Street, Erie County Parcel No. 57-03343.000. BACKGROUND INFORMATION: Pursuant to Ordinance No. 07-026 passed June 11, 2007, the City is conducting a Land Reutilization Program in accordance with the provisions of Chapter 5722 of the Ohio Revised Code. The City acquired 314 Reese Street by gift of deed in lieu of foreclosure from the previous property owners. A request was made on behalf of the adjoining property owners, Elijah R. and Melanie R. Matthias, to acquire this property for yard expansion pursuant to the City’s “Mow to Own” Side Lot Disposition Program that was approved by the City Commission on July 11, 2011 and became effective on August 11, 2011. This parcel is an unbuildable lot and that is unmarketable for development other than as an addition to the parcel of the adjoining property owners. The adjoining property owners purchased the property located at 318 Reese Street in August of 2009. As soon as they discovered that 314 Reese Street was an abandoned vacant lot being maintained by the City, they started mowing it, saving the City the burden and cost of maintenance. Selling this nonproductive parcel to the adjoining property owners at the Auditor’s appraised value will help protect the neighborhood property values and insurance ratings. By participating in the Mow to Own Program, the property owners are given an incentive to earn ownership, thereby lightening the City’s mowing burden and are rewarded for their years of maintenance for which the City did not have the burden of mowing the lots at the tax payer’s cost. The adjoining property owners can enhance the property’s value by building a driveway for off street parking or adding an addition onto their existing structure. However, the taxing districts receive the ultimate reward because it puts this nonproductive parcel back into tax producing status.

BUDGET IMPACT: The cost associated with this purchase agreement is the total amount of the title examination, deed preparation, escrow fees and any other customary fees that may be due and payable in the ordinary course of the sale and purchase transaction. The City will recoup the cost of the expenses from the nonrefundable earnest money deposit of five hundred thirty four dollars and fifty cents ($534.50) required to be paid by the Purchasers. The taxing districts will begin collecting approximately one hundred fifty one dollars and forty eight cents ($151.48) per year in real estate taxes. The sale of this property will enhance surrounding property values and the taxing districts will once again begin collecting real property taxes. ACTION REQUESTED: It is requested legislation be adopted allowing the City Manager to enter into a purchase agreement with Elijah R. and Melanie R. Matthias, to sell the property no longer needed for any municipal purpose identified as Parcel No. 57-03343.000, located at 314 Reese Street. It is further requested that the legislation be passed under suspension of the rules and in full accordance with Section 14 of the City Charter in order to promptly execute the closing. _____________________________________ Amanda J. Meyers Paralegal I concur with this recommendation: ________________________________________ Donald C. Icsman, Acting City Manager

ORDINANCE NO.__________ AN ORDINANCE DECLARING THAT CERTAIN REAL PROPERTY OWNED BY THE CITY AS PART OF THE LAND REUTILIZATION PROGRAM IDENTIFIED AS PARCEL NO. 57-03343.000, LOCATED AT 314 REESE STREET, SANDUSKY, IS NO LONGER NEEDED FOR ANY MUNICIPAL PURPOSE AND AUTHORIZING THE EXECUTION OF PURCHASE AGREEMENT WITH RESPECT TO THAT REAL PROPERTY; AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, pursuant to Ordinance No. 07-026 passed June 11, 2007, the City is conducting a Land Reutilization Program in accordance with the provisions of Chapter 5722 of the Ohio Revised Code; and WHEREAS, this City Commission previously authorized the acquisition of the property located at 314 Reese Street, Parcel No. 57-03343.000 by Resolution No. 035-08R, passed on December 8, 2008, under said Land Reutilization Program which property is more specifically described in Exhibit “A”, which is no longer needed for any municipal purposes; and WHEREAS, a request was made by the adjoining property owners to acquire this property for yard expansion pursuant to the City's "Mow to Own" Side Lot Disposition Program that was approved by this City Commission by Resolution No. 024-11R, passed on July 11, 2011, and effective on August 11, 2011; and WHEREAS, adjoining property owners, Elijah R. & Melanie R. Matthias, desire to purchase Parcel No. 57-03343.000, which is more specifically described in Exhibit “A” (the “Property”) attached to a certain Purchase Agreement, a copy of which is marked Exhibit “1” with respect thereto (the “Purchase Agreement”); and WHEREAS, the total cost associated with this purchase and sale agreement is the cost of the title examination, deed preparation, escrow fees and any other customary fees that may be due and payable in the ordinary course of the sale and purchase transaction and the City will recoup the cost of expenses from the nonrefundable earnest money deposit required to be paid by the Purchasers; and WHEREAS, this legislation should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter in order to promptly execute the closing; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio finds that an emergency exists regarding the aforesaid, and that it is advisable that this Ordinance be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. This City Commission finds, determines and declares that the Property,

Parcel No. 57-03343.000, located at 314 Reese Street, Sandusky, more specifically

described in Exhibit "A", a copy of which is attached to this Ordinance and is specifically

incorporated as if fully rewritten herein, is no longer needed for any municipal purpose

and that the execution of the Purchase Agreement providing for the sale, pursuant to

ORDINANCE NO. __________

Section 25 of the Charter of this City, to the Purchasers of the Property at the purchase

price set forth in the Purchase Agreement, is in the economic interest of the City and in

furtherance of the City’s Land Reutilization Program referenced in those preambles in

accordance with the provisions of Chapter 5722 of the Ohio Revised Code. The City

Manager is hereby authorized and directed to execute the Purchase Agreement on behalf

of the City, substantially in the same form as attached to this Ordinance, marked Exhibit

“1”, and specifically incorporated as if fully rewritten herein, together with any revisions or

additions as are approved by the Law Director as not being substantially adverse to the

City and consistent with carrying out the City’s public purpose. Upon the exercise by the

Purchaser to purchase the Property pursuant to the Purchase Agreement, the City

Manager is also hereby authorized and directed on behalf of the City to execute quit claim

deed conveying the Property to the Purchaser, which quit claim deed shall be in a form

satisfactory to the Law Director. The City Manager, Law Director, Finance Director, and

other City officials, as appropriate, are each hereby authorized to execute and deliver

such instruments, certificates and other documents and take such actions as are

necessary and in the best interests of the City in order to carry out and consummate the

foregoing actions authorized by this Ordinance.

Section 2. If any section, phrase, sentence, or portion of this Ordinance is for

any reason held invalid or unconstitutional by any Court of competent jurisdiction, such

portion shall be deemed a separate, distinct, and independent provision, and such

holding shall not affect the validity of the remaining portions thereof.

Section 3. This City Commission finds and determines that all formal actions of

this City Commission concerning and relating to the passage of this Ordinance were

taken in an open meeting of this City Commission and that all deliberations of this City

Commission and of any of its committees that resulted in those formal actions were in

meetings open to the public in compliance with the law.

Section 4. That for the reasons set forth in the preamble hereto, this Ordinance is

hereby declared to be an emergency measure which shall take immediate effect in

accordance with Section 14 of the City Charter after its adoption and due authentication

by the President and the Clerk of the City Commission of the City of Sandusky, Ohio.


DANIEL J. KAMAN PRESIDENT OF THE CITY COMMISSION ATTEST: KELLY L. KRESSER CLERK OF THE CITY COMMISSION Passed: December 12, 2011

PURCHASE AND SALE AGREEMENT

This Agreement is made and entered into this ___ day of ________

2011, by and between the City of Sandusky, Erie County, Ohio, a

Municipal Corporation, 222 Meigs Street, Sandusky, Ohio 44870,

hereinafter referred to as the “Seller” and Elijah R. and Melanie R.

Matthias, 318 Reese Street, Sandusky, Ohio 44870, hereinafter referred to

as the “Purchasers”.

WITNESSETH:

In consideration of the premises and the mutual promises and

covenants hereinafter contained, the parties do hereby agree as follows:

1. The Seller agrees to sell to the Purchasers and the Purchasers

agree to purchase from the Seller, an unimproved parcel of real property

located at 314 Reese Street, Erie County Parcel Number 57-03343.000,

Sandusky, Ohio, and more fully described in the legal description of the

deed marked Exhibit “A”, attached hereto and hereinafter referred to as

the “Property.” The Property is adjacent to and contiguous with real

property that is owned by the Purchasers located at 318 Reese Street, Erie

County Parcel Number 57-04414.000.

2. The total purchase price for the Property is nine thousand six

hundred and twenty dollars ($9,620.00), which is not less than the fair

market value as determined by the appraised valuation of the Erie

County Auditor. Purchasers shall pay a non-refundable earnest money

deposit of five hundred thirty eight dollars and fifty cents ($534.50) in cash,

certified check or cashier’s check made payable to Seller. The remaining

balance of nine thousand eighty five dollars and fifty cents ($9,085.50)

shall be paid by in-kind service of the Purchasers by mowing and

Matthias Agreement 314 Reese St. “Mow to Own” Side Lot Disposition Program Page 2 of 5

2

maintaining the Property in a nuisance free condition for a minimum of

four (4) years according to the terms of the City of Sandusky’s “Mow to

Own” Side Lot Disposition Program, a copy of which is attached hereto,

marked as Exhibit B and specifically incorporated herein. The Purchasers

have maintained the Property for two (2) years and will be given credit for

two (2) years of previous maintenance.

3. The following deed restrictions shall be included on the deed:

a) This parcel is not a building lot and is conveyed to an

adjoining owner of a building lot pursuant to Sandusky Municipal Code

Section 1177.01(31)(A). This parcel shall not be conveyed separate and

apart from the adjoining building lot and before such conveyance, this

parcel shall be combined with the owner’s adjoining building lot in order

to form one parcel of real property.

b) Construction of additional separate dwelling units shall

be prohibited. Construction shall be limited to ancillary facilities or

building additions made to existing structures.

4. At closing, Seller shall execute and deliver to Purchasers a quit

claim deed conveying marketable record title to the Property to

Purchasers free and clear of all liens, delinquent real estate taxes and

special assessments. Purchasers shall pay all of the taxes and assessments

due and payable after the date of closing.

5. Seller shall not furnish a title insurance policy.

6. The closing date of this transaction shall be no later than

January 31, 2014 or at such other time as may be mutually agreed upon,

in writing, by the parties.

7. The Seller and the Purchasers represent that no real estate

broker or agent was involved in this transaction and that no brokerage


3

fees, commissions, or other compensation is due any real estate broker or

agent because of this transaction.

8. On the closing date, the Purchasers shall file for record the

deed, and other instruments, if any, required to be recorded pursuant to

this Agreement.

9. Purchasers shall be entitled to possession of the Property upon

the closing of this transaction.

10. The Purchasers has examined the Property, has had the

opportunity to fully inspect and ask questions about conditions of the

same, and acknowledges that they are accepting the Property “AS IS”

subject to no warranties as of the date of the execution of this Purchase

Agreement and that there have been no representations by the Seller as

to the condition of the Property.

11. In the event that the Purchasers breaches this Agreement by

not closing this transaction on or before January 31, 2014, Seller may sell

the Property to another adjoining property owner or may retain the

Property for devotion to public use.

12. This Agreement sets forth the entire understanding between

the parties with respect to the subject matter hereof, and no agreements

or understandings nor any representations concerning the same shall be

binding upon the parties unless specifically set forth herein.

13. This Agreement shall be binding upon and inure to the benefit

of Seller and Purchasers and their respective heirs, legal representatives,

and assigns.

14. This Agreement may be executed in multiple counterparts,

each of which shall be deemed an original, but all of which together shall

constitute one and the same instruments.

SIGNATURE PAGES TO FOLLOW


4

IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. PURCHASERS: ________________________ ___________________________ Elijah R. Matthias Melanie R. Matthias State of Ohio ) ) ss: County of Erie ) On this _______ day of ________________, 2011, before me, a Notary Public in and for said County and State, personally appeared Elijah R. Matthias and Melanie R. Matthias and acknowledged their execution of the foregoing instrument and that the same is their voluntary act and deed. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year aforesaid.

___________________________________ NOTARY PUBLIC


5

SELLER: CITY OF SANDUSKY __________________________ Donald C. Icsman Acting City Manager

State of Ohio ) ) ss: County of Erie ) On this _______ day of ________________, 2011, before me, a Notary Public in and for said County and State, personally appeared Donald C. Icsman, Acting City Manager of the City of Sandusky, Ohio, and acknowledged his execution of the foregoing instrument as said officer of said City on behalf of said City and by its authority and that the same is his voluntary act and deed as said officer on behalf of said City and the voluntary act and deed of said City.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year aforesaid.

____________________________________ NOTARY PUBLIC

Approved as to Form: ______________________________________ Donald C. Icsman Ohio Supreme Court #0021435 Law Director City of Sandusky

TO: Donald C. Icsman, Acting City Manager FROM: George Poulos, Program Administrator DATE: November 30, 2011 SUBJECT: City Commission Agenda Item Community Housing Improvement Program ITEM FOR CONSIDERATION: A Resolution approving the filing of an application for financial assistance for FY 2012 Community Housing Improvement Program with the Ohio Department of Developments Office of Housing and Community Partnerships and if awarded for the City Manager to execute the grant and all agreements and to authorize program expenditures. This City Commission was informed at their regularly scheduled meeting on September 12, 2011, that Ohio Regional Development Corporation (ORDC) has successfully brought into compliance the 2004, 2005 and 2006 CHIP programs and has extended an offer to apply for the 2012 CHIP funding at no cost to the City. At this time, the City Commission voted to allow ORDC to prepare the application on the City's behalf. BACKGROUND INFORMATION: The Community Housing Improvement Program (CHIP) provides grants to eligible communities interested in undertaking housing-related activities, including necessary infrastructure improvements. The grants are awarded competitively and encourage a flexible, community-wide approach to the improvement and provision of affordable housing for low- and moderate-income persons, and help to develop local administrative capacity. BUDGET IMPACT: There is no impact on the City's General Fund. All projects in the program will be paid for through the CHIP grant funds. ACTION REQUESTED: A Resolution approving the filing of an application for financial assistance FY 2012 Community Housing Improvement Program with the Ohio Department of Developments Office of Housing and Community Partnerships and if awarded for the City Manager to execute the grant and all agreements and to authorize program expenditures. It is further requested that this legislation take immediate effect in full accordance with Section 14 of the City Charter in order to begin preparation of the application process and allow the application to be submitted by the April 1, 2012, deadline. I concur with this recommendation: Donald C. Icsman, Acting City Manager cc: Kelly Kresser, Commission Clerk Hank Solowiej, Finance Director

RESOLUTION NO. __________ A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF SANDUSKY, OHIO, TO FILE AN APPLICATION FOR FINANCIAL ASSISTANCE FROM THE FY 2012 COMMUNITY HOUSING IMPROVEMENT PROGRAM THROUGH THE OHIO DEPARTMENT OF DEVELOPMENT'S OFFICE OF HOUSING AND COMMUNITY PARTNERSHIPS; AND DECLARING THAT THIS RESOLUTION SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, the Community Housing Improvement Program (CHIP) provides grants to eligible communities interested in undertaking housing-related activities, including necessary infrastructure improvements and grants are awarded competitively and encourage a flexible, community-wide approach to the improvement and provision of affordable housing for low- and moderate-income persons, and help develop local administrative capacity; and WHEREAS, this legislation should be passed as an emergency measure in accordance with Section 14 of the City Charter in order to begin preparation of the application process and allow the application to be submitted by the April 1, 2012, deadline for the 2012 Community Housing Improvement Program; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments, including the Department of Development of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio, finds that an emergency exists regarding the aforesaid, and that it is advisable that this Resolution be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter; and NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. The City Manager is authorized and directed, on behalf of the City of

Sandusky, Ohio, and the citizens of the City of Sandusky to file an application for financial

assistance in the form of a Community Housing Improvement Program with the Ohio

Department of Developments Office of Housing and Community Partnerships for Fiscal

Year 2012 and to administer program expenditures and to execute any contracts or

agreements on behalf of the City should the grant be awarded.

Section 2. The City Manager is authorized on behalf of the City Commission and

the citizens of the City of Sandusky to provide the assurances and certifications as

required by Title I of the Housing and Community Development act of 1974, as

amended, and the Omnibus Budget Reconciliation Act of 1981.

Section 3. If any section, phrase, sentence, or portion of this Resolution is for




RESOLUTION NO.__________


this City Commission concerning and relating to the passage of this Resolution were




Section 5. That for the reasons set forth in the preamble hereto, this Resolution

is hereby declared to be an emergency measure which shall take immediate effect in



______________________________________ DANIEL J. KAMAN PRESIDENT OF THE CITY COMMISSION ATTEST: _____________________________________

KELLY L. KRESSER CLERK OF THE CITY COMMISSION Passed: December 12, 2011

To: Donald C. Icsman, Acting City Manager From: Todd J Roth, P.E., P.S., Director Date: November 30, 2011 Subject: Commission Agenda Item Item for Consideration: Legislation to purchase chemicals for use at the Big Island Water Works and Water Pollution Control Plants for the calendar year 2012. On November 17, 2011 bids were opened for the above stated purchase. A total of nine different companies bid on the various chemicals for 2012. Contract One – Liquid Sodium Permanganate (BIWW) 6,000 Gallons, more or less.

Bonded Chemical Bid: $43,500.00 ($7.25 per gallon) Columbus, OH Surety: 100% Bid Bond

Applied Specialties Bid: $52,860.00 Avon Lake, OH Surety: 100% Bid Bond

Contract Two – Hydrofluosilicic Acid (BIWW) 18,000 Gallons, more or less.

Bonded Chemical Bid: $54,360.00 ($3.02 per gallon) Columbus OH Surety: 100% Bid Bond

SAL Chemical Bid: $56,547.00 Weirton, WV Surety: 100% Bid Bond

Contract Three – Sodium Hydroxide Liquid (BIWW) 41,400 Gallons, more or less.

JCI Jones Chemicals Bid: $39,744.00 ($0.96 per gallon) Barberton, OH Surety: 100% Bid Bond Bonded Chemical Bid: $43,470.00 Columbus, OH Surety: 100% Bid Bond

DEPARTMENT OF PLANNING, ENGINEERING & DEVELOPMENT

TODD J ROTH, P.E., P.S. 222 Meigs Street Sandusky, Ohio 44870 Phone 419/627-5829 Fax 419/627-5933

[email protected]

Contract 4 – Sodium Hypochlorite (BIWW) 86,000 Gallons, more or less.

JCI Jones Bid: $61,060.00 ($0.71 per gallon) Barberton, OH Surety: 100% Bid Bond SAL Chemical Bid: $70,262.00 Weirton, WV Surety: 100% Bid Bond

Bonded Chemical Bid: $67,080.00 Columbus, OH Surety: 100% Bid Bond

Contract 5 – Aluminum Sulfate Polymer Blend – Liquid (BIWW) 710 Tons, more or less.

Applied Specialties Bid: $319,500.00 ($0.225 per pound) Avon Lake, OH Surety: 100% Bid Bond

General Chemicals Bid: $369,200.00 Parsippany, NJ Surety: 100% Bid Bond

Contract 6 – Powdered Activated Carbon (BIWW) 20 Tons, more or less. Bonded Chemical Bid: $26,000.00 ($1,300.00 per ton) Columbus, OH Surety: 100% Bid Bond

SAL Chemical Bid: $35,800.00 Weirton, WV Surety: 100% Bid Bond

Contract 7 – Ferrous Chloride Solution (WWTP) 240,000 Pounds, more or less.

Kemira Water Solution Bid: $51,360.00 ($0.214 per pound) Lawrence, KS Surety: 100% Bid Bond

International Steel Services Bid: $54,480.00

Pittsburgh, PA Surety: 10% Cashier’s Check PVS Technologies Bid: $68,160.00 Detroit, MI Surety: 100% Bid Bond

The City routinely includes Erie County’s chemicals for their wastewater treatment plants in our annual chemical bids just as the City participates in Erie County’s Road Salt bid annually. The City of Huron also participates in the process with seven chemicals for their water treatment plant. Each entity is responsible for entering into their own contracts with the chemical companies.

Budgetary Information: Funds for the purchase of these items are routinely included in the operating budgets of the Water and Sewer Plants.

Action Requested: It is requested that the proper legislation be prepared to purchase chemicals for the calendar year 2012 for use at the Big Island Water Works and Waste Water Treatment Plant as follows:

It is further requested that these pieces of legislation take immediate effect in full accordance with Section 14 of the City Charter to allow for delivery of the product as needed by January 1, 2012. I concur with this recommendation: _______________________ Donald C. Icsman Acting City Manager cc: Kelly Kresser, Commission Clerk

Hank Solowiej, Finance Director

Description Company Quantity Unit Unit Price Total

Contract #1 Liquid Sodium Permanganate Bonded Chemicals 6,000 Gal $7.25 $43,500.00

Contract #2 Hydrofluosilicic Acid Bonded Chemicals 18,000 Gal $3.02 $54,360.00 Contract #3 Sodium Hydroxide Liquid JCI Jones 41,400 Gal $0.96 $39,744.00 Contract #4 Sodium Hypochlorite JCI Jones 86,000 Gal $0.71 $61,060.00

Contract #5 Aluminum Sulfate Polymer Blend – Liquid Applied Specialties 710 Ton $0.225/lb $319,500.00

Contract #6 Powdered Activated Carbon Bonded Chemicals 20 Ton $1,300.00 $26,000.00 Contract #7 Ferrous Chloride Solution Kemira Water Solution 240,000 Lbs $0.214 $51,360.00

ORDINANCE NO.__________ AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO PURCHASE 6,000 GALLONS, MORE OR LESS, OF LIQUID SODIUM PERMANGANATE FROM BONDED CHEMICAL OF COLUMBUS, OHIO, FOR USE AT THE BIG ISLAND WATER WORKS PLANT DURING THE CALENDAR YEAR 2012; AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, upon public competitive bidding as required by law for the purchase of Six Thousand (6,000) gallons, more or less, of Liquid Sodium Permanganate for use at the Big island Water Works Plant, two (2) appropriate bids were received and the bid of Bonded Chemical of Columbus, Ohio, was determined to be the lowest and best bid; and WHEREAS, funds for this purchase are routinely included in the Big Island Water Works Plant's operating budget; and WHEREAS, this legislation should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter in order to allow delivery of this product as needed by January 1, 2012; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments, including the Department of Engineering of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio finds that an emergency exists regarding the aforesaid, and that it is advisable that this Ordinance be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. The City Manager be and hereby is authorized and directed to

purchase Six Thousand (6,000) gallons, more or less, of Liquid Sodium Permanganate

from Bonded Chemical of Columbus, Ohio, for use at the Big island Water Works Plant

for $7.25 per gallon at an amount not to exceed Forty Three Thousand Five Hundred

and 00/100 Dollars ($43,500.00). Said Liquid Sodium Permanganate shall be provided

in accordance with the proposal of the said Bonded Chemical of Columbus, Ohio, on

file in the office of the Director of Planning, Engineering and Development.





Section 3. This Commission finds and determines that all formal actions of this

City Commission concerning and relating to the passage of this Ordinance were taken

in an open meeting of this City Commission and that all deliberations of this City




Section 4. That for reasons set forth in the preamble hereto, this Ordinance is


accordance with Section 14 of the City Charter upon its passage, and its due

authentication by the President, and the Clerk of the City Commission of the City of

Sandusky, Ohio.


ORDINANCE NO.__________ AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO PURCHASE 18,000 GALLONS, MORE OR LESS, OF HYDROFLUOSILICIC ACID FROM BONDED CHEMICAL OF COLUMBUS, OHIO, FOR USE AT THE BIG ISLAND WATER WORKS PLANT DURING THE CALENDAR YEAR 2012; AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, upon public competitive bidding as required by law for the purchase of Eighteen Thousand (18,000) gallons, more or less, of Hydrofluosilicic Acid for use at the Big Island Water Works Plant, two (2) appropriate bids were received and the bid of Bonded Chemical of Columbus, Ohio, was determined to be the lowest and best bid; and WHEREAS, funds for this purchase are routinely included in the Big Island Water Works Plant's operating budget; and WHEREAS, this legislation should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter in order to allow delivery of this product as needed by January 1, 2012; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments, including the Department of Engineering of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio finds that an emergency exists regarding the aforesaid, and that it is advisable that this Ordinance be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. The City Manager be and hereby is authorized and directed to

purchase Eighteen Thousand (18,000) gallons, more or less, of Hydrofluosilicic Acid

from Bonded Chemical of Columbus, Ohio, for use at the Big Island Water Works Plant

for $3.02 per gallon at an amount not to exceed Fifty Four Thousand Three Hundred

Sixty and 00/100 Dollars ($54,360.00). Said Hydrofluosilicic Acid shall be provided in

accordance with the proposal of the said Bonded Chemical of Columbus, Ohio, on file

in the office of the Director of Planning, Engineering and Development.















Sandusky, Ohio.


ORDINANCE NO.__________ AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO PURCHASE 41,400 GALLONS, MORE OR LESS, OF SODIUM HYDROXIDE LIQUID FROM JCI JONES CHEMICALS OF BARBERTON, OHIO, FOR USE AT THE BIG ISLAND WATER WORKS PLANT DURING THE CALENDAR YEAR 2012; AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, upon public competitive bidding as required by law for the purchase of Forty One Thousand Four Hundred (41,400) gallons, more or less, of Sodium Hydroxide Liquid, for use at the Big Island Water Works Plant, two (2) appropriate bids were received and the bid of JCI Jones Chemicals of Barberton, Ohio, was determined to be the lowest and best bid; and WHEREAS, funds for this purchase are routinely included in the Big Island Water Works Plant's operating budget; and WHEREAS, this legislation should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter in order to allow delivery of this product as needed by January 1, 2012; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments, including the Department of Engineering of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio finds that an emergency exists regarding the aforesaid, and that it is advisable that this Ordinance be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. The City Manager be and hereby is authorized and directed to

purchase Forty One Thousand Four Hundred (41,400) gallons, more or less, of Sodium

Hydroxide Liquid from JCI Jones Chemicals of Barberton, Ohio, for use at the Big

Island Water Works Plant for $0.96 per gallon at an amount not to exceed Thirty Nine

Thousand Seven Hundred Forty Four and 00/100 Dollars ($39,744.00). Said Sodium

Hydroxide Liquid shall be provided in accordance with the proposal of the said JCI

Jones Chemicals of Barberton, Ohio, on file in the office of the Director of Planning,

Engineering and Development.















Sandusky, Ohio.


ORDINANCE NO.__________ AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO PURCHASE 86,000 GALLONS, MORE OR LESS, OF SODIUM HYPOCHLORITE FROM JCI JONES CHEMICALS OF BARBERTON, OHIO, FOR USE AT THE BIG ISLAND WATER WORKS PLANT DURING THE CALENDAR YEAR 2012; AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, upon public competitive bidding as required by law for the purchase of Eighty Six Thousand (86,000) gallons, more or less, of Sodium Hypochlorite for use at the Big Island Water Works Plant, three (3) appropriate bids were received and the bid of JCI Jones Chemicals of Barberton, Ohio, was determined to be the lowest and best bid; and WHEREAS, funds for this purchase are routinely included in the Big Island Water Works Plant's operating budget; and WHEREAS, this legislation should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter in order to allow delivery of this product as needed by January 1, 2012; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments, including the Department of Engineering of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio finds that an emergency exists regarding the aforesaid, and that it is advisable that this Ordinance be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. The City Manager be and hereby is authorized and directed to

purchase Eighty Six Thousand (86,000) gallons, more or less, of Sodium Hypochlorite

from JCI Jones Chemicals of Barberton, Ohio, for use at the Big Island Water Works

Plant for $0.71 per gallon at an amount not to exceed Sixty One Thousand Sixty and

00/100 Dollars ($61,060.00). Said Sodium Hypochlorite shall be provided in

accordance with the proposal of the said JCI Jones Chemicals of Barberton, Ohio, on

file in the office of the Director of Planning, Engineering and Development.















Sandusky, Ohio.


ORDINANCE NO.__________ AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO PURCHASE 710 TONS, MORE OR LESS, OF ALUMINUM SULFATE POLYMER BLEND LIQUID FROM APPLIED SPECIALTIES OF AVON LAKE, OHIO, FOR USE AT THE BIG ISLAND WATER WORKS PLANT DURING THE CALENDAR YEAR 2012; AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, upon public competitive bidding as required by law for the purchase of Seven Hundred Ten (710) tons, more or less, of Aluminum Sulfate Polymer Blend Liquid for use at the Big Island Water Works Plant, two (2) appropriate bids were received and the bid of Applied Specialties of Avon Lake, Ohio, was determined to be the lowest and best bid; and WHEREAS, funds for this purchase are routinely included in the Big Island Water Works Plant's operating budget; and WHEREAS, this legislation should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter in order to allow delivery of this product as needed by January 1, 2012; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments, including the Department of Engineering of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio finds that an emergency exists regarding the aforesaid, and that it is advisable that this Ordinance be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. The City Manager be and hereby is authorized and directed to

purchase Seven Hundred Ten (710) tons, more or less, of Aluminum Sulfate Polymer

Blend Liquid from Applied Specialties of Avon Lake, Ohio, for use at the Big Island

Water Works Plant for $0.225 per pound at an amount not to exceed Three Hundred

Nineteen Thousand Five Hundred and 00/100 Dollars ($319,500.00). Said Aluminum

Sulfate Polymer Blend Liquid shall be provided in accordance with the proposal of the

said Applied Specialties of Avon Lake, Ohio, on file in the office of the Director of

Planning, Engineering and Development.















Sandusky, Ohio.


ORDINANCE NO.__________ AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO PURCHASE 20 TONS, MORE OR LESS, OF POWDERED ACTIVATED CARBON FROM BONDED CHEMICAL OF COLUMBUS, OHIO, FOR USE AT THE BIG ISLAND WATER WORKS PLANT DURING THE CALENDAR YEAR 2012; AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, upon public competitive bidding as required by law for the purchase of Twenty (20) tons, more or less, of Powdered Activated Carbon for use at the Big Island Water Works Plant, two (2) appropriate bids were received and the bid of Bonded Chemical of Columbus, Ohio, was determined to be the lowest and best bid; and WHEREAS, funds for this purchase are routinely included in the Big Island Water Works Plant's operating budget; and WHEREAS, this legislation should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter in order to allow delivery of this product as needed by January 1, 2012; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments, including the Department of Engineering of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio finds that an emergency exists regarding the aforesaid, and that it is advisable that this Ordinance be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. The City Manager be and hereby is authorized and directed to

purchase Twenty (20) tons, more or less, of Powdered Activated Carbon from Bonded

Chemical of Columbus, Ohio, for use at the Big Island Water Works Plant for $1,300.00

per ton at an amount not to exceed Twenty Six Thousand and 00/100 Dollars

($26,000.00). Said Powdered Activated Carbon shall be provided in accordance with

the proposal of the said Bonded Chemical of Columbus, Ohio, on file in the office of the

Director of Planning, Engineering and Development.















Sandusky, Ohio.


ORDINANCE NO.__________ AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO PURCHASE 240,000 POUNDS, MORE OR LESS, OF FERROUS CHLORIDE SOLUTION FROM KEMIRA WATER SOLUTION OF LAWRENCE, KANSAS, FOR USE AT THE WASTEWATER TREATMENT PLANT DURING THE CALENDAR YEAR 2012; AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, upon public competitive bidding as required by law for the purchase of Two Hundred Forty Thousand (240,000) pounds, more or less, of Ferrous Chloride Solution for use at the Wastewater Treatment Plant, three (3) appropriate bids were received and the bid of Kemira Water Solution of Lawrence, Kansas, was determined to be the lowest and best bid; and WHEREAS, funds for this purchase are routinely included in the Wastewater Treatment Plant's operating budget; and WHEREAS, this legislation should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter in order to allow delivery of this product as needed by January 1, 2012; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments, including the Department of Engineering of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio finds that an emergency exists regarding the aforesaid, and that it is advisable that this Ordinance be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. The City Manager be and hereby is authorized and directed to

purchase Two Hundred Forty Thousand (240,000) pounds, more or less, of Ferrous

Chloride Solution from Kemira Water Solution of Lawrence, Kansas, for use at the

Wastewater Treatment Plant for $0.214 per pound at an amount not to exceed Fifty

One Thousand Three Hundred Sixty and 00/100 Dollars ($51,360.00). Said Ferrous

Chloride Solution shall be provided in accordance with the proposal of the said Kemira

Water Solution of Lawrence, Kansas, on file in the office of the Director of Planning,

Engineering and Development.















Sandusky, Ohio.


To: Donald C. Icsman, Acting City Manager From: Todd J Roth, Director Date: November 30, 2011 Subject: Commission Agenda Item Item for Consideration: Legislation authorizing the Finance Director to make payment to the Ohio Environmental Protection Agency through the Treasurer of the State of Ohio for the annual licensing fee to operate a public water system for the year 2012. Annually, the City of Sandusky pays a licensing fee to operate a public water system. The charge to the City of Sandusky for 2012 is $12,180.00. We are in receipt of the invoice for this license, and payment is due by December 31, 2011. Budgetary Information: Funds for this licensing fee are routinely included in the Big Island Water Works operating budget each year. Action Requested: It is requested that the proper legislation be prepared authorizing the Finance Director to pay the Treasurer of the State of Ohio $12,180.00 for the license to operate a public water system for the year 2012. Further, it is requested that this legislation take immediate effect in full accordance with Section 14 of the City Charter to allow for payment of the invoice in the City’s possession prior to December 31, 2011. I concur with this recommendation:

_______________________________ Donald C. Icsman, Acting City Manager

cc: Hank Solowiej, Finance Director Kelly Kresser, Clerk of City Commission



[email protected]

ORDINANCE NO.__________

AN ORDINANCE AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO MAKE PAYMENT TO THE STATE OF OHIO ENVIRONMENTAL PROTECTION AGENCY FOR THE RENEWAL OF THE LICENSE TO OPERATE A PUBLIC WATER SYSTEM FOR THE CY 2012; AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, the City of Sandusky as an operator of a public water system is required to pay a licensing fee on an annual basis to the Ohio EPA pursuant to Ohio Revised Code §6109.21; and WHEREAS, funds for this licensing fee are routinely included in the Big Island Water Works Plant's operating budget; and WHEREAS, this legislation should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter to allow payment to be made to the Ohio EPA prior to the due date of December 31, 2011; and

WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments, including the Department of Engineering of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio finds that an emergency exists regarding the aforesaid, and that it is advisable that this Ordinance be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. This City Commission hereby authorizes and directs the Finance

Director to make payment to the Treasurer of the State of Ohio as required by the Ohio

EPA in an amount not to exceed Twelve Thousand One Hundred Eighty and 00/100

Dollars ($12,180.00) for the renewal of the license to operate a public water system for

the CY 2012.












To: Donald C. Icsman, Acting City Manager From: Todd J Roth, Director Date: November 29, 2011 Subject: Commission Agenda Item Item for Consideration: Legislation authorizing the Finance Director to make payment to the Treasurer of the State of Ohio, on behalf of the Ohio EPA, for the annual discharge fee for the year 2011, for NPDES Permit Number 2PF00001 for the City’s Wastewater Treatment Plant. Annually, the City of Sandusky pays a discharge fee for the operation of the Wastewater Treatment Plant. The charge to the City of Sandusky for 2011 is $15,550.00. We are in receipt of the invoice for this fee, and payment is due by January 31, 2012. Budgetary Information: Funds for this discharge fee are routinely included in the Wastewater Treatment Plant operating budget each year. Action Requested: It is requested that the proper legislation be prepared authorizing the Finance Director to pay the annual discharge fee of $15,550.00, as stipulated by the Ohio EPA for the City’s Wastewater Treatment Plant. It is further requested that this legislation take immediate effect in full accordance with Section 14 of the City Charter to allow for payment of the invoice received by the City in a timely manner and prior to the January 31, 2012, due date. I concur with this recommendation:

_______________________________ Donald C. Icsman, Acting City Manager cc: Hank Solowiej, Finance Director Kelly Kresser, Clerk of the City Commission



[email protected]


AN ORDINANCE AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO MAKE PAYMENT TO THE STATE OF OHIO ENVIRONMENTAL PROTECTION AGENCY FOR THE ANNUAL DISCHARGE FEE FOR NPDES PERMIT NUMBER 2PF00001 FOR THE WASTEWATER TREATMENT PLANT FOR THE CY 2011; AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, the Ohio Revised Code Section 3745.11(L) requires that an NPDES permit holder that is a public discharger pay a fee as specified in the statute based upon the average daily flow and the City's flow and the corresponding fee is delineated on the invoice received from the Ohio EPA; and WHEREAS, funds for this discharge fee are routinely included in the Wastewater Treatment Plant's operating budget; and WHEREAS, this legislation should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter to allow payment to be made to the Ohio EPA in a timely manner and prior to the due date of January 31, 2012; and

WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments, including the Department of Engineering of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio finds that an emergency exists regarding the aforesaid, and that it is advisable that this Ordinance be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. This City Commission hereby authorizes and directs the Finance

Director to make payment to the Treasurer of the State of Ohio as required by the Ohio

EPA in an amount not to exceed Fifteen Thousand Five Hundred Fifty and 00/100

Dollars ($15,550.00) for the annual discharge fee for NPDES Permit Number 2PF00001

for the Wastewater Treatment Plant for the CY 2011.










To: Donald C. Icsman, Acting City Manager From: Todd J Roth, Director Date: November 30, 2011 Subject: Commission Agenda Item Items for Consideration: A consulting contract with Mr. Don C. Waggoner to carry out the activities of Alternate Building Official and Alternate Plan Reviewer for the City of Sandusky. Mr. Waggoner has performed these activities for the City for a number of years and is currently certified to do so. Also, a consulting contract with Mr. Scott J. Mularoni to carry out the activities of Alternate Plan Reviewer and Alternate Building Official for the City of Sandusky. Mr. Mularoni has performed the activity of plan reviewer for a number of years and is currently certified to do so. Mr. Mularoni is certified as a Building Official and can provide backup services for the City as well. These contracts will allow the City of Sandusky to meet the State of Ohio Board of Building Standards Certified Building Department requirements. Under state regulations, a certified building department may contract out the activities of alternate building official and plan reviewer to state certified professionals. Budgetary Information: Mr. Waggoner and Mr. Mularoni will be paid at the rate of $55.00 per hour for work performed up to a maximum of $5,000.00 each. The cost of these contracts will be paid with the Building Division operating budget. A portion of the plan review expense will be paid by the collection of plan review fees by the Department of Planning, Engineering, and Development. Action Requested: It is requested that the proper legislation be prepared to enter into contracts with Mr. Waggoner and Mr. Mularoni and that this legislation take immediate effect in full accordance with Section 14 of the City Charter, since the current contracts will expire on December 31, 2011. I concur with this recommendation: ____________________________ Donald C. Icsman Acting City Manager cc: Kelly Kresser, Clerk of the City Commission George Poulos, Chief Building Official Hank Solowiej, Finance Director



[email protected]


AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONSULTING CONTRACT WITH DON C. WAGGONER FOR CY 2012, A COPY OF WHICH IS ATTACHED HERETO; AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, the Department of Planning, Engineering and Development wants to use the services of Don C. Waggoner to carry out the activities of Alternate Building Official and Alternative Plan Reviewer for the City of Sandusky; and WHEREAS, this contract will allow the City of Sandusky to meet the State of Ohio Board of Building Standards Certified Building Department requirements; and WHEREAS, under state regulations, a certified building department, such as the City’s, may contract out the activities of Building Official and Plan Reviewer to state certified professionals; and WHEREAS, Don C. Waggoner has performed these activities for the City for a number of years and is currently certified to do so; and WHEREAS, the funds to cover this contract are included in the Building Division's operating budget, with a portion of the cost for plan review to be paid by the collection of plan review fees by the Department of Planning, Engineering and Development; and WHEREAS, this legislation should be passed under suspension of the rules as an emergency measure in accordance with Section 14 of the City Charter in order to continue this necessary service without interruption to the City of Sandusky as the current contract expires on December 31, 2011; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments, including the Department of Planning, Engineering and Development of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio finds that an emergency exists regarding the aforesaid, and that it is advisable that this Ordinance be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. The City Manager is hereby authorized and directed to enter into a

Consulting Contract, a copy of which is attached to this Ordinance and marked Exhibit "A"

and the original being on file with the Department of Planning, Engineering &

Development, with Don C. Waggoner for services as an Alternate Building Official and

Alternative Plan Reviewer for CY 2012. This Contract is necessary to meet the State of

Ohio Board of Building Standards Certified Building Department requirements.













accordance with Section 14 of the City Charter after its adoption and due authentication by

the President and the Clerk of the City Commission of the City of Sandusky, Ohio.

DANIEL J. KAMAN PRESIDENT OF THE CITY COMMISSION ATTEST: KELLY KRESSER CLERK OF THE CITY COMMISSION Passed: December 12, 2011

AGREEMENT FOR SERVICES OF CONSULTANT

This Agreement made on and entered into on this ___ day of ______________,

2011, between the City of Sandusky, Ohio, a Municipal Corporation of the State of Ohio,

located in the County of Erie, herein referred to as “City,” and Don C. Waggoner herein

referred to as “Consultant.”

In consideration of the mutual promises herein set out, the parties agree as

follows:

I. RECITALS

The City desires to contract with the Consultant to provide technical assistance and

professional expertise as an Alternate Plan Reviewer (examining and judging building

plans required to be submitted to the building department for approval) and an Alternate

Building Official (performing the necessary inspections of new and existing buildings

and structures for compliance with applicable legal requirements), in order to assist the

City’s Building Department and the City’s Chief Building Official.

The Consultant acknowledges that he currently has the necessary education and

experience to provide the services required by this agreement and will continue to

maintain all certifications and professional licenses and attend required continuing

education seminars, in order to provide the City with the consulting services required by

this agreement.

II. SCOPE OF SERVICES / NON-ASSIGNMENT

The Consultant agrees to personally furnish professional and technical

assistance at the request of the City’s Chief Building Official or the Director of Planning,

Engineering and Development, which includes but is not limited to the following:

a. Alternate Plan Reviewer:

Agreement for Services of Consultant - Don C. Waggoner - 2012

Consultant shall review and examine, with authority to approve, building plans

submitted for approval in order to obtain appropriate building permits, thereby ensuring

the continued certification of the City of Sandusky’s Building Department;

b. Alternate Building Official:

Consultant shall inspect new and existing buildings and structures to ensure

compliance with all applicable laws, regulations, and standards, which shall include the

authority of condemnation of property and all appropriate nuisance abatement up to and

including demolition of unsafe structures.

Consultant shall perform the duties under this agreement personally and shall not

assign or delegate the performance of those duties to any other person.

III. INDEPENDENT CONTRACTOR

Consultant acknowledges that he is an independent contractor while performing

the services required in this agreement. The City is contracting with Consultant for the

services described within the body of this agreement and Consultant reserves the right

to determine the method and manner by which the services will be performed subject to

any timelines of certain services which is or may be required by the Governing Laws

and Procedures. The City acknowledges that Consultant has other clients and offers

services to the general public and that the order or sequence in which Consultant

performs the services to the City is under the Consultant’s control subject to the time

devoted by Consultant necessary to comply with any applicable time requirements.

IV. INSURANCE

Consultant agrees to maintain a business liability insurance policy.

V. CONFIDENTIALITY

Consultant agrees that any information communicated in any manner to the

Agreement for Services of Consultant - Don C. Waggoner - 2012 Consultant during the performance of the services required by this agreement, which

concerns confidential personal, financial or other affairs of the City or the public shall be

treated by the Consultant as confidential and shall not be revealed or discussed unless

specifically authorized in writing by the City to do so.

VI. COMPENSATION

Consultant shall be paid at the rate of Fifty-Five and 00/100 Dollars ($55.00) per

hour for work performed in accordance with this agreement up to a maximum of $5,000

per year.

Consultant agrees to timely submit monthly invoices to the Department of

Engineering of the City representing services rendered for the previous 30 day period.

The City agrees to make timely payment to Consultant within 30 days after receipt of

the monthly invoice from Consultant.

VII. TERM AND TERMINATION

This agreement will begin January 1, 2012, and will terminate December 31,

2012. Either party may terminate this agreement by giving 30 days written notice to the

other party by certified mail, return receipt requested, to Consultant at 810 Tyler Street,

Port Clinton, Ohio 43452 and to the City at 222 Meigs Street, Sandusky, Ohio 44870,

Attention: City Manager.

The notice of termination is deemed to be effective upon receipt by the other

party. Upon termination of this agreement, Consultant shall have no further obligation

to provide services to the City and the City shall have no further obligation to pay

compensation beyond that for services rendered before the notice of termination is

received or December 31, 2012, whichever occurs first.

Agreement for Services of Consultant - Don C. Waggoner - 2012 VIII. PARTIES BOUND

This Agreement shall be governed by and construed in accordance with the laws

of the State of Ohio.

IX. ENTIRE AGREEMENT

This Agreement sets forth the entire Agreement between the parties with regard

to the subject matter of this Agreement. No other agreements, representations or

warranties have been made by either party to the other with respect to the subject

matter of this Agreement.

X. SEVERABILITY

If any of the provisions of this Agreement are found or deemed by a Court of

competent jurisdiction to be invalid or unenforceable, they shall be considered

severable from the remainder of this Agreement and shall not cause the remainder to

be invalid or unenforceable.

XI. AMENDMENTS

This Agreement may be amended by the parties only by a written agreement

signed by both parties.


SIGNATURE PAGE TO FOLLOW

WITNESSES: CITY OF SANDUSKY: _______________________________ ___________________________________

Donald C. Icsman Acting City Manager

_______________________________ WITNESSES: CONSULTANT: _______________________________ ___________________________________

Don C. Waggoner

_______________________________ Approved as to Form: Donald C. Icsman Ohio Supreme Court #0021435 Law Director City of Sandusky


CERTIFICATE OF DIRECTOR OF FINANCE

The undersigned, fiscal officer of the City of Sandusky, hereby certifies that the

moneys required to meet the obligations of the City during the year 2012 under the

Agreement have been lawfully appropriated by the Commission of the City for such

purposes and are in the treasury of the City or in the process of collection to the credit

of an appropriate fund, free from any previous encumbrances. This Certificate is given

in compliance with Sections 5705.41 and 5705.44, Ohio Revised Code.

_________________________________ ______________________________ Date Hank Solowiej Director of Finance _________________________________ Account Number


AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONSULTING CONTRACT WITH SCOTT J. MULARONI FOR CY 2012, A COPY OF WHICH IS ATTACHED HERETO; AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, the Department of Planning, Engineering and Development wants to use the services of Scott J. Mularoni to carry out the activities of Alternate Building Official and Alternate Plan Reviewer for the City of Sandusky; and WHEREAS, this contract will allow the City of Sandusky to meet the State of Ohio Board of Building Standards Certified Building Department requirements; and WHEREAS, under state regulations, a certified building department, such as the City’s, may contract out the activities of Building Official and Plan Reviewer to state certified professionals; and WHEREAS, Scott J. Mularoni has performed the activity of Plan Reviewer for the City for a number of years and is currently certified to do so and is also certified as a Building Official; and WHEREAS, the funds to cover this contract are included in the Building Division's operating budget, with a portion of the cost for plan review to be paid by the collection of plan review fees by the Department of Planning, Engineering and Development; and WHEREAS, this legislation should be passed under suspension of the rules as an emergency measure in accordance with Section 14 of the City Charter in order to continue this necessary service without interruption to the City of Sandusky as the current contract expires on December 31, 2011; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments, including the Department of Planning, Engineering and Development of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio finds that an emergency exists regarding the aforesaid, and that it is advisable that this Ordinance be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. The City Manager is hereby authorized and directed to enter into a

Consulting Contract, a copy of which is attached to this Ordinance and marked Exhibit

"A" and the original being on file with the Department of Planning, Engineering &

Development, with Scott J. Mularoni for services as an Alternative Building Official and

Alternate Plan Reviewer for CY 2012. This Contract is necessary to meet the State of

Ohio Board of Building Standards Certified Building Department requirements.



AGREEMENT FOR SERVICES OF CONSULTANT

This Agreement made on and entered into on this day of 2011,

between the City of Sandusky, Ohio, a Municipal Corporation of the State of Ohio,

located in the County of Erie, herein referred to as “City,” and Scott J. Mularoni herein

referred to as “Consultant.”

In consideration of the mutual promises herein set out, the parties agree as

follows:

I. RECITALS

The City desires to contract with the Consultant to provide technical assistance and

professional expertise as an Alternate Plan Reviewer (examining and judging building

plans required to be submitted to the building department for approval), and an

Alternate Building Official (performing the necessary inspections of new and existing

buildings and structures for compliance with applicable legal requirements), in order to

assist the City’s Building Department and the City’s Chief Building Official.

The Consultant acknowledges that he currently has the necessary education and

experience to provide the services required by this agreement and will continue to

maintain all certifications and professional licenses and attend required continuing

education seminars, in order to provide the City with the consulting services required by

this agreement.

II. SCOPE OF SERVICES / NON-ASSIGNMENT

The Consultant agrees to personally furnish professional and technical

assistance at the request of the City’s Chief Building Official or the Director of Planning,

Engineering and Development, which includes but is not limited to the following:

a. Alternate Plan Reviewer:

Agreement for Services of Consultant - Scott J. Mularoni - 2012

Consultant shall review and examine, with authority to approve, building plans

submitted for approval in order to obtain appropriate building permits, thereby ensuring

the continued certification of the City of Sandusky’s Building Department;

b. Alternate Building Official:

Consultant shall inspect new and existing buildings and structures to ensure

compliance with all applicable laws, regulations, and standards, which shall include the

authority of condemnation of property and all appropriate nuisance abatement up to and

including demolition of unsafe structures.

Consultant shall perform the duties under this agreement personally and shall not

assign or delegate the performance of those duties to any other person.

III. INDEPENDENT CONTRACTOR

Consultant acknowledges that he is an independent contractor while performing

the services required in this agreement. The City is contracting with Consultant for the

services described within the body of this agreement and Consultant reserves the right

to determine the method and manner by which the services will be performed subject to

any timelines of certain services which is or may be required by the Governing Laws

and Procedures. The City acknowledges that Consultant has other clients and offers

services to the general public and that the order or sequence in which Consultant

performs the services to the City is under the Consultant’s control subject to the time

devoted by Consultant necessary to comply with any applicable time requirements.

IV. INSURANCE

Consultant agrees to maintain a business liability insurance policy.

Agreement for Services of Consultant - Scott J. Mularoni - 2012 V. CONFIDENTIALITY

Consultant agrees that any information communicated in any manner to the

Consultant during the performance of the services required by this agreement, which

concerns confidential personal, financial or other affairs of the City or the public shall be

treated by the Consultant as confidential and shall not be revealed or discussed unless

specifically authorized in writing by the City to do so.

VI. COMPENSATION

Consultant shall be paid at the rate of Fifty-Five and 00/100 Dollars ($55.00) per

hour for work performed in accordance with this agreement up to a maximum of $5,000

per year.

Consultant agrees to timely submit monthly invoices to the Department of

Engineering of the City representing services rendered for the previous 30 day period.

The City agrees to make timely payment to Consultant within 30 days after receipt of

the monthly invoice from Consultant.

VII. TERM AND TERMINATION

This agreement will begin January 1, 2012, and will terminate December 31,

2012. Either party may terminate this agreement by giving 30 days written notice to the

other party by certified mail, return receipt requested, to Consultant at 1416 East Bogart

Road, Sandusky, Ohio 44870 and to the City at 222 Meigs Street, Sandusky, Ohio

44870, Attention: City Manager.

The notice of termination is deemed to be effective upon receipt by the other

party. Upon termination of this agreement, Consultant shall have no further obligation

to provide services to the City and the City shall have no further obligation to pay

Agreement for Services of Consultant - Scott J. Mularoni - 2012 compensation beyond that for services rendered before the notice of termination is

received or December 31, 2012, whichever occurs first.

VIII. PARTIES BOUND

This Agreement shall be governed by and construed in accordance with the laws

of the State of Ohio.

IX. ENTIRE AGREEMENT

This Agreement sets forth the entire Agreement between the parties with regard

to the subject matter of this Agreement. No other agreements, representations or

warranties have been made by either party to the other with respect to the subject

matter of this Agreement.

X. SEVERABILITY

If any of the provisions of this Agreement are found or deemed by a Court of

competent jurisdiction to be invalid or unenforceable, they shall be considered

severable from the remainder of this Agreement and shall not cause the remainder to

be invalid or unenforceable.

XI. AMENDMENTS

This Agreement may be amended by the parties only by a written agreement

signed by both parties.

SIGNATURE PAGE TO FOLLOW

Agreement for Services of Consultant - Scott J. Mularoni - 2012 WITNESSES: CITY OF SANDUSKY:

_______________________________ ___________________________________ Donald C. Icsman Acting City Manager

_______________________________

WITNESSES: CONSULTANT:

_______________________________ ___________________________________ Scott J. Mularoni

_______________________________ Approved as to Form: Donald C. Icsman Ohio Supreme Court #0021435 Law Director City of Sandusky

Agreement for Services of Consultant - Scott J. Mularoni - 2012

CERTIFICATE OF DIRECTOR OF FINANCE The undersigned, fiscal officer of the City of Sandusky, hereby certifies that the

moneys required to meet the obligations of the City during the year 2012 under the

Agreement have been lawfully appropriated by the Commission of the City for such

purposes and are in the treasury of the City or in the process of collection to the credit

of an appropriate fund, free from any previous encumbrances. This Certificate is given

in compliance with Sections 5705.41 and 5705.44, Ohio Revised Code.

_________________________________ ______________________________ Date Hank Solowiej Director of Finance _________________________________ Account Number

To: Donald C. Icsman, Acting City Manager From: Todd J Roth, Director Date: November 30, 2011 Subject: Commission Agenda Item ITEM FOR CONSIDERATION: Change Order No. 1 for the Columbus Avenue Resurfacing Project. The added work will be performed by Erie Blacktop, Inc. of Sandusky, Ohio. This Change Order includes two (2) items.

Item 1 – Temporary Pavement Markings $3,226.80 Item 2 – change in time of completion $0.00 from 11/11/11 to 5/31/12

The contractor is requesting an extension of the contract completion date until May 31, 2012. Due to the recent inclement weather, Erie Blacktop has been substantially delayed in their paving schedule. The Columbus Avenue Resurfacing Project has specified ODOT 644 thermoplastic pavement markings which is temperature dependent. Per ODOT specifications, for pavement less than six months old, both the pavement and the ambient air temperature at the time of application are to be not less than 50°F. Additionally, the subcontractor, Trafftech, Inc. has advised Erie Blacktop to perform the work next year in order to assure the City of Sandusky a quality job. In order to maintain traffic over the winter, temporary striping had to be put in place. Construction barrels would not have worked due to snow plowing that is required during winter weather. BUDGETARY INFORMATION: The current contract with Erie Blacktop, Inc. is $190,890.76 which included a $10,000.00 contingency and with the addition of this Change Order No. 1 in the amount of $3,226.80, the contract amount will remain $190,890.76, however the contingency will be reduced to $6,773.00. The contract with Erie Blacktop, Inc. will be paid with Community Development Block Grant Funds ($150,000.00) and Street Funds ($40,890.76). ACTION REQUESTED: It is requested that the Columbus Avenue Resurfacing Project Change Order No. 1, for the two (2) items, be approved in full accordance with Section 14 of the City Charter in order to allow the contractor to be paid for work that was required to be performed and to grant their time extension. I concur with this recommendation: Donald C. Icsman, Acting City Manager cc: Kelly Kresser, Clerk of City Commission Hank Solowiej, Finance Director



[email protected]


AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO APPROVE THE FIRST CHANGE ORDER FOR WORK PERFORMED BY ERIE BLACKTOP, INC., OF SANDUSKY, OHIO, FOR THE COLUMBUS AVENUE RESURFACING PROJECT IN THE AMOUNT OF $3,226.80; AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, this City Commission declared the necessity to proceed with the proposed Columbus Avenue Resurfacing Project by Resolution No. 028-11R, passed on July 25, 2011; and

WHEREAS, this City Commission authorized the awarding of a contract with Erie

Blacktop, Inc., of Sandusky, Ohio, for the Columbus Avenue Resurfacing Project by Ordinance No. 11-082, passed on September 12, 2011; and WHEREAS, the Columbus Avenue Resurfacing Project provides for the milling and paving of Columbus Avenue with new asphalt, adjustment of castings and the installation of pavement markings as needed from Perkins Avenue to Homestead Street; and WHEREAS, this First Change Order provides for the extension of the contract completion date due to inclement weather preventing temperature sensitive permanent pavement markings to be placed this year and requiring that temporary pavement markings be placed and these two (2) items are listed as follows; and

1. Temporary Pavement Markings $3,226.80 2. Change in Time of Completion from

November 11, 2011 to May 31, 2012 $0.00

TOTAL $3,226.80 WHEREAS, the original contract with Erie Blacktop, Inc. is $190,890.76, which included a $10,000.00 contingency amount, and with the addition of this First Change Order will remain $190,890.76, however, the contingency will be reduced to $6,773.20, and $150,000.00 will be paid with Community Development Block Grant (CDBG) Funds and the remaining balance of $40,890.76 will be paid with Street Funds; and WHEREAS, this Ordinance should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter in order for the contractor to be paid for work required to be performed and completed; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments, including the Department of Engineering of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio finds that an emergency exists regarding the aforesaid, and that it is advisable that this Ordinance be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT:

Section 1. The City Manager is hereby authorized and directed to approve this

First Change Order for work performed by Erie Blacktop, Inc., of Sandusky, Ohio, for

the Columbus Avenue Resurfacing Project in an amount not to exceed Three

Thousand Two Hundred Twenty Six and 80/100 Dollars ($3,226.80) and to extend the

contract completion date from November 11, 2011, to May 31, 2012.

To: Donald C. Icsman, Acting City Manager From: Todd J Roth, Director Date: November 30, 2011 Subject: Commission Agenda Item ITEM FOR CONSIDERATION: Legislation awarding a contract to F.S.I. Disposal/Fultz and Son, Inc. of Clyde, Ohio, for the Refuse/Recycling Collection on City Property for a three year period beginning January 1, 2012 and ending December 31, 2014. On November 9th and November 16th, notices were placed in the Sandusky Register requesting bids for a 3 year contract for the refuse/recycling collection on City property. The proposed contract involves the pickup of 21 dumpsters and 136 toters spread over five (5) zones in the City. See the attached spreadsheet for detailed information. Bids were due November 30, 2011. Two bids were received as follows: Fultz & Sons, Inc./FSI Disposal $86,400.00 Republic Services of Sandusky $268,812.00 FSI Disposal was determined to be the lowest and best bid. The City currently has a contract with FSI Disposal for Refuse and Recycling pickup and disposal for $2,325.00 per month. This contract ends December 31, 2011. The new monthly fee is $2400.00. Periodically the city will need additional waste collection due to a special event. Special event prices may be negotiated with the contractor. BUDGETARY INFORMATION: The cost of refuse and recycling pickup and disposal is paid through the General Fund, Recreation Fund, Water Fund and Sewer Fund based on the usage (number of pickups per week and the container size). It is recommended that the City enter into a three year contract for a total not to exceed $86,400.00. ACTION REQUESTED: It is recommended that a three year contract with F.S.I. Disposal/Fultz and Son, Inc., be approved for the Refuse/Recycling Collection on City Property for the period of January 1, 2012 through December 31, 2014. It is also recommended that the necessary legislation be passed under suspension of the rules in full accordance with Section 14 of the City Charter in order to utilize F.S.I’s services under the new contract beginning January 1, 2012 and to prevent any break in service. I concur with this recommendation: ______________________________ Donald C. Icsman Acting City Manager cc: Hank Solowiej, Finance Director Kelly Kresser, City Commission Clerk



[email protected]

May 1st - October 31st

No. of No. of

No. Size Toters No. Size Toters

Fire House No. 1 1 4 Cubic Yards 1 X 1 4 Cubic Yards 1 X



Jackson Street Pier 1 4 Cubic Yards 6 X X X X X X 6 X X

Peddler's Alley 1 X X X X X X 1 X X

Downtown Business District 16 X X X X X X 16 X X

Washington Parks 12 X X X X X X 12 X X

Veterans Park 1 X X X X X X 1 X X

Wade Dauch Park 2 X X X X X X 2 X X

Facer Park 1 X X X X X X 1 X X

Shoreline Park 1 2 Cubic Yards 18 X X 18 X X

Paper District Marina 1 4 Cubic Yards X X

Dorn Park 1 4 Cubic Yards 10 X X

Venice Park 2 X X 2 X

Service Complex 2 6 Cubic Yards 1 X 2 6 Cubic Yards 1 X

Lions Park 1 2 Cubic Yards 7 X X 5 X

Wilbert St. Park 1 X 1 X

Churchwell Park 2 X 1 X

Golf Course 1 2 Cubic Yards 2 X X 1 2 Cubic Yards 2 X

Amvets League 1 2 Cubic Yards 2 X X 0

Sprau Park 6 X X 1 X

City Boat Ramp 1 4 Cubic Yards 6 X 6 X

Central Park 3 X 3 X

Greenhouse 1 2 Cubic Yards 0 X 1 2 Cubic Yards 0 X

Monroe Parking Lot 1 X 1 X

Huron Play Park 3 X 0

Splash Pad 2 X 0

Schirg Park 1 X 0

City Hall 1 4 Cubic Yards 2 X 1 4 Cubic Yards 2 X

*City Hall/ Recycle 1 4 Cubic Yards X 1 4 Cubic Yards X

Skateboard Park 2 X X 2 X

Washington Street Pier 2 X X 2 X

Schaeffer Park 2 X X 2 X

Wightman-Wieber Park 1 2 Cubic Yards 3 X 3 X

Jaycee Park South 6 X 1 X

Oakland Cemetery 1 4 Cubic Yards X 1 4 Cubic Yards X

Big Island Water Works 1 4 Cubic Yards 1 X 1 4 Cubic Yards 1 X

Water Distrubition 1 4 Cubic Yards 1 X 1 4 Cubic Yards 1 X

Kiwanis Softball 1 2 Cubic Yards 1 X

Farwell Park 4 X 4 X

Orlando Pace Park 1 X 1 X

Foxborough Park 3 X 3 X

Totals 21 136 12 105

Revised 11/21/11

November 1st - April 30th

Dumpster

TU

E

WE

D

TH

UR

WE

D

TH

UR

FR

I

SA

T

Zone 3 Pick-up

Zone 4 Pick-up

Zone 1 Pick-up

Daily Pick-up

Zone 2 Pick-up

DESCRIPTION

MO

N

TU

E

FR

I

SA

T

MO

NDumpster

Zone 5 Pick-up

* Provide (one) 4 cubic yard recycling dumpster at City Building location (222 Meigs St.) with the same weekly pick-up schedule as refuse.

CITY OF SANDUSKY

REFUSE COLLECTION ON CITY PROPERTY

PICK-UP SCHEDULE FOR CONTAINERS

ORDINANCE NO.__________ AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH F.S.I. DISPOSAL / FULTZ & SON, INC., OF CLYDE, OHIO, FOR REFUSE / RECYCLING COLLECTION ON CITY PROPERTY FOR THE PERIOD OF JANUARY 1, 2012, THROUGH DECEMBER 31, 2014; AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, upon public competitive bidding as required by law two (2) appropriate bids were received, and the bid of F.S.I. Disposal / Fultz & Son, Inc., of Clyde, Ohio, was determined to be the lowest and best bid; and WHEREAS, the City's current contract with F.S.I. Disposal / Fultz & Son, Inc. for refuse and recycling pickup and disposal is $2,325.00 per month and expires on December 31, 2011, and with this new contract the monthly fee will be $2,400.00; and WHEREAS, this proposed contract involves the pickup of 21 dumpsters and 136 toters spread over five (5) zones in the City for the period of January 1, 2012, through December 31, 2014; and WHEREAS, periodically the City will need additional refuse collection due to special events and pricing may be negotiated with the contractor; and WHEREAS, this legislation should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter in order to utilize the services of F.S.I. Disposal / Fultz & Son, Inc. under the new contract which begins on January 1, 2012, and to prevent any break in service; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments, including the Department of Engineering of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio finds that an emergency exists regarding the aforesaid, and that it is advisable that this Ordinance be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. The City Manager is authorized and directed to enter into a contract

with F.S.I. Disposal / Fultz & Son, Inc., of Clyde, Ohio, for refuse and recycling pickup and

disposal services for the period of January 1, 2012 through December 31, 2014, in an

amount not to exceed Eighty Six Thousand Four Hundred and 00/100 Dollars

($86,400.00) consistent with the bid submitted by F.S.I. Disposal / Fultz & Son, Inc., of

Clyde, Ohio, currently on file in the office of the Director of Planning, Engineering and

Development











Section 4. That for the reasons set forth in the preamble hereto, this Ordinance






To: Donald C. Icsman, Acting City Manager From: Todd J Roth, Director Date: November 30, 2011 Subject: Commission Agenda Item ITEM FOR CONSIDERATION: A resolution approving the submission of an application by the City of Sandusky to the State of Ohio, to participate in the Clean Ohio Revitalization Fund for the Former Sandusky Cabinets Property Redevelopment Ready Project. The State of Ohio, Department of Development, provides financial assistance to local governments for the purpose of addressing local needs in creating redevelopment ready projects from brownfield sites. The vicinity of the former Sandusky Cabinets property, which is located at 513 East Washington Street, is a brownfield site with significant potential for cleanup and redevelopment using Clean Ohio Revitalization Funds. The former Sandusky Cabinets site has a greater than 100 year history of use as a lumber yard, wooden barrel manufacturing, and manufacturing of wood metal cabinetry products (including household and office filing cabinets and desks) and includes the former Sandusky Cabinets main manufacturing building, which is currently vacant and unused. Processes that took place in the main manufacturing building included steel cabinet fabrication, painting, and storage. If funding is awarded, the City will administer the grant and have a matching fund obligation. This grant application cannot exceed two million dollars for redevelopment ready projects and it is currently anticipated the City will apply for approximately $1 million in grant funding. BUDGETARY INFORMATION: The City will have a minimum of 25% matching fund obligation if the grant application is approved. Past investigatory and other costs incurred at the site will constitute part of that matching payment with Capital Funds used to provide the remainder. ACTION REQUESTED: It is recommended that a resolution approving the submission of a grant application to the State of Ohio to participate in the Clean Ohio Revitalization Fund for the Former Sandusky Cabinets Property Redevelopment Ready Project be approved in full accordance with Section 14 of the City Charter in order to meet the application deadline of January 20, 2012. I concur with this recommendation: Donald C. Icsman, Acting City Manager cc: Kelly Kresser, Clerk of City Commission Hank Solowiej, Finance Director



[email protected]

RESOLUTION NO.__________ A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO FILE A GRANT APPLICATION WITH THE STATE OF OHIO TO PARTICIPATE IN THE CLEAN OHIO REVITALIZATION FUND (CORF); AND DECLARING THAT THIS RESOLUTION SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, the State of Ohio, Department of Development, provides financial assistance to local governments for the purpose of addressing local needs in creating redevelopment ready projects from brownfield sites and the vicinity of the former Sandusky Cabinets property, which is located at 513 East Washington Street, is a brownfield site with significant potential for cleanup and redevelopment using Clean Ohio Revitalization Funds; and WHEREAS, the City of Sandusky desires to participate in the Program to receive assistance for the Former Sandusky Cabinets Property Redevelopment Ready Project (Project) under the Clean Ohio Revitalization Fund (CORF); and WHEREAS, the City of Sandusky has the authority to apply for financial assistance and to administer any amount received from the State of Ohio, Clean Ohio Council, Clean Ohio Revitalization Fund; and WHEREAS, it is necessary that this City Commission authorize and direct the City Manager and/or Director of Planning, Engineering and Development to act in connection with the grant application and to provide such additional information as may be required by the State of Ohio; and WHEREAS, there is a minimum matching fund obligation of 25% of the Project total, which will be satisfied with investigatory and other costs incurred and to be incurred in support of the Project and with Capital Funds; and WHEREAS, this Project location is considered a high-priority revitalization area to address blight in the City, as indicated in the 5-Year Consolidated Plan for Housing and Urban Development (HUD) / Community Development Block Grant (CDBG) which was adopted in 2008; and WHEREAS, the City will require the use of building materials and methods that promote environmental quality, economic vitality, and social benefit through the design, construction and/or renovation at the Project property and that the City will require that any new construction at the Project property follow Leadership in Energy and Environmental Design (LEED) guidelines; and WHEREAS, this Resolution should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter in order for the grant application to be submitted by the January 20, 2012, deadline; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments, including the Department of Engineering of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio, finds that an emergency exists regarding the aforesaid, and that it is advisable that this Resolution be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter; and NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT:

Section 1. This City Commission hereby approves the filing of an application for

financial assistance under the State of Ohio, Clean Ohio Council, and Clean Ohio

RESOLUTION NO. __________

Revitalization Fund.

Section 2. This City Commission authorizes and directs the City Manager and/or

Director of Planning, Engineering and Development, as the official representative of the

City of Sandusky, to file an application to participate in the State of Ohio, Department of

Development, and to provide all information and documentation that may be required in

the application for the State of Ohio, Clean Ohio Council, Clean Ohio Revitalization

Fund submission and authorizes and directs the City Manager to execute any grant

agreements and lawfully expend funds should they be awarded.

Section 3. This City Commission acknowledges and agrees to commit to provide

the match funding as described in the application should the Clean Ohio Revitalization

Fund grant be awarded.

Section 4. This City Commission understands and agrees that participation in

the Program will require compliance with Program guidelines and assurances.










Section 7. That for the reasons set forth in the preamble hereto, this Resolution

is hereby declared to be an emergency measure, which shall take immediate effect in


by the President and the Clerk of this Commission of the City of Sandusky, Ohio.

DANIEL J. KAMAN PRESIDENT OF THE CITY COMMISSION

RESOLUTION NO. __________

ATTEST: _____________________________________ KELLY L. KRESSER CLERK OF THE CITY COMMISSION Passed: December 12, 2011

To: Donald C. Icsman, Acting City Manager From: Todd J Roth, Director Date: November 30, 2011 Subject: Commission Agenda Item ITEM FOR CONSIDERATION: Legislation authorizing the City Manager to enter into an agreement for certified professional services with The Mannik and Smith Group, Inc. of Maumee, Ohio to provide services in preparing an application for the City of Sandusky to the State of Ohio, to participate in the Clean Ohio Revitalization Fund (CORF) for the Former Sandusky Cabinets Property Redevelopment Ready Project. The services will include conducting an Ohio Voluntary Action Program Phase I Assessment, a Remedial Action Plan, and a Project Assumption and Cost Estimate to be used in the submission of the grant application. The application will be to the State of Ohio, Department of Development, which provides financial assistance to local governments for the purpose of addressing local needs in creating redevelopment ready projects from brownfield sites. The vicinity of the former Sandusky Cabinets property, which is located at 513 East Washington Street, is a brownfield site with significant potential for cleanup and redevelopment using Clean Ohio Revitalization Funds. The Mannik and Smith Group, Inc. has the required VAP certified professionals and developed the necessary knowledge, professional expertise and technical ability necessary to complete the services required. Their resumes and past job experience show their capabilities and assurance that they can perform the necessary tasks and have experience in the CORF grant application process. We have had past experience with The Mannik and Smith Group and are confident that they are qualified to assist the City in moving forward with this application and providing the necessary qualified professional services. BUDGETARY INFORMATION: The total fee is $33,000.00. The $33,000.00 contractual services agreement to prepare and submit the application is to be paid from the Engineering Department’s operating budget. If funding is awarded, $10,000.00 of this cost can be used as matching funds. ACTION REQUESTED: It is recommended that the proper legislation to authorize the City Manager to enter into an agreement be approved and that the necessary legislation be passed under suspension of the rules and in accordance with Section 14 of the City to allow The Mannik and Smith Group to begin the work necessary to file the application by the deadline of January 20, 2012. I concur with this recommendation: _____________________________ Donald C. Icsman, Acting City Manager cc: Kelly Kresser, Clerk of City Commission Hank Solowiej, Finance Director



[email protected]


AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE MANNIK AND SMITH GROUP, INC., OF MAUMEE, OHIO, FOR ASSISTANCE IN PREPARATION OF THE CLEAN OHIO REVITALIZATION FUND (CORF) GRANT APPLICATION FOR THE FORMER SANDUSKY CABINETS PROPERTY REDEVELOPMENT READY PROJECT; AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, the State of Ohio, Department of Development, provides financial assistance to local governments for the purpose of addressing local needs in creating redevelopment ready projects from brownfield sites and the vicinity of the former Sandusky Cabinets property, which is located at 513 East Washington Street, is a brownfield site with significant potential for cleanup and redevelopment using Clean Ohio Revitalization Funds; and WHEREAS, The Mannik and Smith Group, Inc., of Maumee, Ohio, will be providing services in preparing the application to submit to the State of Ohio, to participate in the Clean Ohio Revitalization Fund (CORF) for the Former Sandusky Cabinets Redevelopment Property Ready Project and services will include conducting an Ohio Voluntary Action Program Phase I Assessment, a Remedial Action Plan and a Project Assumption and Cost Estimate to be used in the submission of the grant application; and

WHEREAS, the certified professional services to be provided by The Mannik and Smith Group, Inc., of Maumee, Ohio, are exempt from the requirement of competitive bidding as The Mannik and Smith Group have the required VAP certified professionals and developed the necessary knowledge, professional expertise and technical ability necessary to complete the required tasks through their experience in the CORF grant application process and past experience with the City, resulting in a knowledge and understanding of the tasks providing an additional benefit to the City; and WHEREAS, the total cost for the certified professional services to prepare and submit the CORF application is $33,000.00 and will be paid from the Engineering Department's operating budget and if any grant funds are awarded, $10,000.00 of this cost can be used as matching funds; and WHEREAS, this Ordinance should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter to allow The Mannik and Smith Group to begin the work necessary to file the application by the deadline of January 20, 2012; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of Municipal Departments, including the Department of Engineering of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio, finds that an emergency exists regarding the aforesaid, and that it is advisable that this Ordinance be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT:

Section 1. The City Manager is authorized and directed to enter into an

agreement with The Mannik and Smith Group, Inc., of Maumee, Ohio, for assistance in

preparation of the Clean Ohio Revitalization Fund (CORF) grant application for the

Former Sandusky Cabinets Property Redevelopment Ready Project, consistent with the


proposal submitted, a copy of which is marked Exhibit "1" and attached to this Ordinance

at an amount not to exceed Thirty Three Thousand and 00/100 Dollars ($33,000.00).

Section 2. If any section, phrase, sentence, or portion of this Ordinance is for any

reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion

shall be deemed a separate, distinct, and independent provision, and such holding shall

not affect the validity of the remaining portions thereof.











Civil Engineering, Surveying and Environmental Consulting

VIA E:MAIL December 2, 2011 Mr. Todd Roth, Director of Engineering Services The City of Sandusky 222 Meigs Street Sandusky, Ohio 44870 Re: Clean Ohio Revitalization Fund (CORF) Redevelopment Ready Grant Application for the Former

Sandusky Cabinets Property Dear Mr. Roth: The Mannik & Smith Group, Inc. (MSG) is pleased to provide this proposal to the City of Sandusky to prepare a Clean Ohio Revitalization Fund (CORF) Redevelopment-Ready Grant application to help fund some of the cleanup and demolition, activities associated with the transformation of this site into a location ready for redevelopment in the City of Sandusky, Ohio. PROJECT UNDERSTANDING The CORF is administered by the Ohio Department of Development (ODOD) and has a biannual application process for grants that currently includes the Redevelopment Ready grant program. This project’s scope of work includes preparation of an application for a CORF Redevelopment-Ready Grant to create an attractive and safe redevelopment site in a strategic location in the City of Sandusky. We understand that a VAP-compliant Phase I and a VAP-compliant Phase II of the property have been completed. As an initial step in the CORF grant process, MSG will update the 2006 Phase I Assessment. The Phase II, completed in August 2011, will be used in conjunction with the updated Phase I to prepare a Remedial Action Plan (RAP) as well as a Project Assumptions and Cost Estimate (PACE) document and table for inclusion in the grant application. As another necessary early step, the property will need to be identified on the Ohio Environmental Protection Agency’s (EPA’s) Brownfield Inventory. ODOD has prepared an overview of the CORF process as depicted on the attached flow chart. As part of the process, the ODOD requires a property visit and meeting by representatives of ODOD and Ohio EPA. This Project Resources and Advisory Meeting, or PRAM, offers an important opportunity to meet with ODOD and Ohio EPA decision-makers to inform them of this project and to gain their input regarding any particular project challenges and opportunities. The PRAM provides a vehicle for applicants to receive technical assistance on a project, including financial, environmental, and strategic advice. It also provides for a forum to allow the applicant to prepare a more complete and competitive application. In short, the PRAM provides a unique opportunity to build in as much success as possible in the grant

1800 Indian Wood Circle ▪ Maumee, OH 43537 ▪ Tel 419 891 2222 ▪ Fax 419 891 1595 www.manniksmithgroup.com

THE MANNIK & SMITH GROUP, INC. 2 OP111485_SAND.PRO.acr

application or to identify any fatal flaws in the grant application approach for this project1. In addition to placement on the Ohio EPA’s Brownfield Inventory and completion of the VAP-compliant assessment activities, RAP, and PRAM, the CORF Redevelopment Ready grant application requires a variety of tasks to be completed and included as attachments in the grant application. The attached Table 1 identifies the allocation of tasks as we currently understand them. Once this project is underway it will be important for the City of Sandusky to identify the key point of contact for completing this project. Given the very aggressive timeframe for project completion – completed CORF grants are due to the public repository by January 20, 2012 – we recommend that this contact person be someone who can be readily reached and prepared to supply the necessary information from the City in a timely fashion. SCOPE OF WORK Task 1: VAP – Compliant Phase I Environmental Property Assessment Update , Remedial Action Plan and Project Assumptions and Cost Estimate (PACE) A VAP-compliant Phase I Environmental Property Assessment was completed by Malcolm Pirnie on February 28, 2006. MSG will complete a VAP-Compliant Update to this document as well as prepare a Remedial Action Plan (RAP) based upon the findings and conclusions of the updated Phase I and the Phase II assessment that was completed by Malcolm Pirnie in 2011. Additionally, we will prepare a PACE document and tables that reflect the pertinent information from the assessments and RAP. These documents will provide the foundation upon which the grant will be written. Once complete, we will incorporate and submit the necessary documentation to place the property on Ohio’s Brownfield Inventory. Task 2: Project Resources and Advisory Meeting (PRAM) and Completion of Application Attachments At ODOD’s request and your approval, we have already agreed to a site tour on December 6, 2011 as part of the PRAM. A conference call will be scheduled with the project team, including the City, ODOD, Ohio EPA, and MSG to complete the PRAM. We will prepare the appropriate documentation for the conference call portion of the PRAM and will lead the PRAM discussion as appropriate. In addition, MSG will work with the City of Sandusky to complete the required tasks/attachments as described in Table 1. SCHEDULE Upon your authorization, MSG is prepared to immediately initiate the arrangements to conduct the Phase I Update and RAP and begin preparation of the CORF Redevelopment Ready grant application. Once the VAP-compliant assessment activities are complete, MSG will work closely with the City of Sandusky to complete the application attachments. We anticipate that a complete application will be required to be placed in the public repository by January 20, 2012. Table 2 outlines a project schedule, based on an anticipated March deadline for submitting the completed grant application. MSG will provide the City of Sandusky with updates of progress and advise if any task appears to be particularly time-sensitive. In general, once a completed application is submitted to the public repository, approximately four months are required until an agreement of award can be signed between the applicant and the State Controlling Board. This period allows for the public participation process and ODOD’s and Ohio EPA’s reviews of the application, and preparation and submittal of the applicant’s responses to occur. Once an agreement is signed with the State Controlling Board, the cleanup, demolition, and infrastructure activities can begin. COST ESTIMATE MSG is pleased to offer a discounted fee to complete the scope of work described above because we value our relationship with the project partners and we believe strongly in the important role this brownfields revitalization project could play in your community. Our discounted lump sum fee to complete this project is $33,000. The tasks will be invoiced separately to allow the VAP-related activities to be included on the match-portion of the CORF application, and as such, the invoicing for Task 1 will be submitted separately, as shown below. 1 If, following the PRAM, ODOD and Ohio EPA advise that this is not a CORF-eligible project, the City may cancel this project and be invoiced the lump sum amount of $1,800 to cover the cost of the Brownfield Inventory and PRAM preparations.

THE MANNIK & SMITH GROUP, INC. 3 OP111485_SAND.PRO.acr

Task 1: $10,000 (match eligible) Task 2: $23,000 Total: $33,000

Task 1 will be invoiced in the first 4 week billing cycle. Task 2 will be invoiced upon submission of the grant application in January 2012. While we cannot guarantee you funding from ODOD for this project, and we do anticipate an extremely competitive round of CORF funding in the coming Round 12, we do proudly offer our history of success with grant programs and our familiarity with what the reviewers value in a successful application. AGREEMENT Assuming this proposal meets with your approval, you may signify acceptance by signing and dating the designated locations on the attached and returning one signed copy to the undersigned. A signed facsimile or email copy is acceptable. Alternately, you may issue a purchase order referencing the date and scope of this proposal. The costs provided in this proposal are confirmed for a period not to exceed sixty (60) days from this proposal date. Should you require any additional information pertaining to the specifics of this proposal, please contact the undersigned at your earliest convenience. Thank you for the opportunity to provide this proposal. Please feel free to call me at 419.215.5435 or 419.891.2222 x177 if you have any questions. Sincerely, Sally L. Gladwell, CEM, CEI Senior Project Manager Attachments: MSG Agreement for Services MSG Terms & Conditions ODOD CORF Process Flowchart Tables 1 (Tasks) and 2 (Schedule)

AGREEMENT FOR SERVICES By execution of this Agreement, the Client authorizes The Mannik & Smith Group, Inc. to provide the services described within the proposal designated below according to the attached Terms and Conditions. In the event client directs The Mannik & Smith Group to proceed with the work, even if not signed below, the Terms and Conditions are considered accepted by the Client. No terms or conditions other than those stated within the attached, and no agreement or understanding oral or written, in any way purporting to modify these terms and conditions whether contained in Client's purchase order or elsewhere, shall be binding on MSG and its subcontractors unless hereafter made in writing and signed by an authorized representative of MSG. All proposals, negotiations, and representations, if any, made prior to, and referenced hereto, are merged herein.

APPROVAL AND ACCEPTANCE The Mannik & Smith Group, Inc is hereby directed and authorized to proceed with the services for the designated project in accordance with the provisions of this Agreement. Proposal Date: December 2, 2011 Proposal Number: OP111485 THE CITY OF SANDUSKY THE MANNIK & SMITH GROUP, INC. Signature Signature Sally L. Gladwell, CP, CEM, CEI Name (Printed) Name (Printed) Senior Project Manager Title Title December 2, 2011 Date Date

I

The Mannik & Smith Group, Inc. Standard Terms & Conditions

Services The Mannik & Smith Group, Inc. (MSG) will perform services for the Project as set forth in the MSG proposal and in accordance with these Terms & Conditions. MSG has developed the Project scope of service, schedule, and compensation based on available information and various assumptions. The Client acknowledges that adjustments to the schedule and compensation may be necessary based on the actual circumstances encountered by MSG in performing their services. Additional Services The Client and MSG acknowledge that additional services may be necessary for the Project to address issues that may not be know at Project initiation or that may be required to address circumstances that were not foreseen. In that event, MSG shall notify the Client of the need for additional services and the Client shall pay for such additional services in an amount and manner as the parties may subsequently agree. Project Requirements The Client shall confirm the objectives, requirements, constraints, and criteria for the Project at its inception. If the Client has established design standards, they shall be furnished to MSG at Project inception. MSG will review the Client design standards and may recommend alternate standards considering the standard of care provision. Period of Service MSG shall perform the services for the Project in a timely manner consistent with sound professional practice. MSG will strive to perform its services according to the Project schedule set forth in the MSG proposal. The services of each task shall be considered complete when deliverables for the task have been presented to the Client. MSG shall be entitled to an extension of time and compensation adjustment for any delay beyond MSG control. Compensation In consideration of the services performed by MSG, the Client shall pay MSG in the manner set forth in the MSG proposal. The parties acknowledge that terms of compensation are based on an orderly and continuous progress of the Project. Compensation shall be equitably adjusted for delays or extensions of time beyond the control of MSG. Where total project compensation has been separately identified for various Tasks/Work Orders, MSG may adjust the amounts allocated between Tasks or Work Orders as the work progresses so long as the total compensation amount for the project is not exceeded. Payment Definitions The following definitions shall apply to methods of payment:

Cost Plus is defined as the individual’s base salary plus actual overhead plus professional fee. Overhead shall include customary and statutory benefits, administrative expense, and non-project operating costs. Lump Sum is defined as a fixed price amount for the scope of services described.

Standard Rates is defined as individual time multiplied by standard billing rates for that individual.

Subcontracted Services are defined as Project related services provided by other parties to MSG. Reimbursable Expenses are defined as actual expenses incurred in connection with the Project.

Payment Terms MSG shall submit monthly invoices for services performed and Client shall pay the full invoice amount within 30 calendar days of the invoice date. Invoices will be considered correct if not questioned in writing within 10 calendar days of the invoice date. In the event of a disputed or contested billing, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. No interest will accrue on any contested portion of the billing until mutually resolved. Client will exercise reasonableness in contesting any billing or portion thereof. MSG shall be entitled to a 1.5% per month administrative charge in the event of payment delay. Client payment to MSG is not contingent on arrangement of project financing. Invoice payment delayed beyond 60 calendar days shall give MSG the right to suspend services until payments are current. Non-payment beyond 70 calendar days shall be just cause for termination by MSG. Assignment Neither party shall assign its rights, interests or obligations under the Project without the express written consent of the other party. Authorized Representatives The officer assigned to the Project by MSG is the only authorized representative to make decisions or commitments on behalf of MSG. The Client shall designate a representative with similar authority. Buried Utilities Where applicable to the Project, MSG will conduct research and prepare a plan indicating the locations of underground improvements intended for subsurface penetration with respect to assumed locations of underground improvements. Such services by MSG will be performed in manner consistent with ordinary standard of care. Client recognizes that the research may not identify all underground improvements and that the information of which MSG relies may contain errors or may not be complete. The Client agrees to waive all claims and causes of action against MSG for damages to underground improvements resulting from subsurface penetration locations established by MSG, except for damages caused by the sole negligence or willful misconduct of MSG. Compliance with Laws MSG shall perform its services consistent with sound professional practice and endeavor to incorporate laws, regulations, codes, and standards applicable at the time the work is performed. In the event that standards of practice change during the Project, MSG shall be entitled to additional compensation where additional services are needed to conform to the standard of practice. Confidentiality MSG will hold in confidence any information about

II

the Client’s operations which would normally be considered confidential. Such obligation shall not hold with respect to:

a. Information which is in the public domain or which enters public domain in the future through no fault of MSG.

b. Information known to MSG prior to disclosure by the Client or information disclosed to MSG at any time by a third party.

c. Information which is released from its confidential status by the Client.

d. Where disclosure is required by court order or governmental directive, provided that prior written notice is given the other party.

e. Where disclosure is required to comply with a professional code of conduct or ethics.

The Client agrees that the technical methods, techniques and pricing information contained in any proposal submitted by MSG pertaining to this project or agreement or any addendum thereto, are to be considered confidential and proprietary, and shall not be released or otherwise made available to any third party without the express written consent of MSG. Consequential Damages Neither the Client nor MSG shall be liable to the other for any consequential damages regardless of the nature or fault. Cost Estimates or Opinions MSG may prepare cost estimates or opinions for the Project based on historical information that represents the judgment of a qualified professional. The Client and MSG acknowledge that actual costs may vary from the cost estimates or opinions prepared and that MSG offers no guarantee related to the Project cost. Defects in Service The Client shall promptly report to MSG any defects or suspected defects in service. The Client further agrees to impose a similar notification requirement on all contractors in its Client/Contractor agreement and shall require all subcontracts at any level to contain a like provision. Failure by the Client and Client’s contractors and subcontractors to notify MSG shall relieve MSG of the costs of remedying the defects above the sum such remedy would have cost had prompt notification been given when such defects were first discovered. Dispute Resolution In the event of a dispute between MSG and Client arising out of or related to this Agreement, the aggrieved party shall notify the other party of the dispute within a reasonable time after such dispute arises. If the parties cannot thereafter resolve the dispute, each party shall nominate a senior officer of its management to meet to resolve the dispute by direct negotiation or mediation. Should such negotiation or mediation fail to resolve the dispute, either party may pursue resolution by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association; provided, however, in the event the parties are unable to reach agreement to arbitrate under terms reasonably acceptable to both parties, either party may pursue resolution in any court having jurisdiction.

During the pendency of any dispute, the parties shall continue diligently to fulfill their respective obligations hereunder. Environmental Matters The Client warrants they have disclosed all potential hazardous materials that may be encountered on the Project. In the event unknown hazardous materials are encountered, MSG shall be entitle to additional compensation for appropriate actions to protect the health and safety of its personnel, and for additional services required to comply with applicable laws. The Client shall indemnify MSG from any claim related to hazardous materials encountered on the Project except for those events caused by negligent acts of MSG. Governing Law The terms of agreement shall be governed by the laws of the state where the services are performed provided that nothing contained herein shall be interpreted in such a manner as to render it unenforceable under the laws of the state in which the Project resides. Indemnification MSG agrees, to the fullest extent permitted by law, to indemnify and hold the Client harmless from any damage, liability or cost to the extent caused by MSG’s negligent acts, errors or omissions in the performance of professional services under this Agreement and those of his or her subconsultants or anyone for whom MSG is legally liable. The Client agrees, to the fullest extent permitted by law, to indemnify and hold MSG harmless from any damage, liability or cost to the extent caused by the Client’s negligent acts, errors or omissions and those of his or her contractors, subcontractors or consultants or anyone for whom the Client is legally liable, and arising from the project that is the subject of this Agreement. Neither party is obligated to indemnify the other in any manner whatsoever for the other’s own negligence. Independent Consultant MSG shall serve as an independent consultant for services provided under this agreement. MSG shall retain control over the means and methods used in performing their services and may retain subconsultants to perform certain services as determined by MSG. Information from Other Parties The Client and MSG acknowledge that MSG will rely on information furnished by other parties in performing its services under the Project. MSG shall not be liable for any damages that may be incurred by the Client in the use of third party information. Insurance MSG will maintain the following insurance and coverage limits during the period of service if such coverage is reasonably available at commercially affordable premium. Upon request, the Client will be named as an additional insured on the Commercial General Liability and Automobile Liability policies.

- Worker’s Compensation

As required by applicable state statue

III

- Commercial General Liability

$1,000,000 per occurrence (bodily injury including death & property damage) $2,000,000 aggregate

- Automobile Liability

$2,000,000 combined single limit for bodily injury and property damage

- Professional Liability

$2,000,000 each claim and in the aggregate

The Client shall make arrangements for Builder’s Risk, Protective Liability, Pollution Prevention, and other specific insurance coverage warranted for the Project in amounts appropriate to the Project value and risks. MSG shall be a named insured on those policies where MSG may be at risk. The Client shall obtain the counsel of others in setting insurance limits for construction contracts. Lien Rights MSG may file a lien against the Client’s property in the event that the Client does not make payment within the time prescribed in this agreement. The Client agrees that services by MSG are considered property improvements and the Client waives the right to any legal defense to the contrary. Limitation of Liability In recognition of the relative risks and benefits of the project to both the Client and MSG, the Client agrees to the fullest extent permitted by law, to limit the liability of MSG for any and all damages or claim expenses arising out of this agreement, from any and all causes, to $50,000 or the fee realized by MSG for the Project, whichever is greater. Ownership of Documents Documents prepared by MSG for the Project are instruments of services and shall remain the property of MSG. Record documents of service shall be based on the printed copy. If specified in the MSG proposal, MSG will furnish documents electronically; however, the client releases MSG from any liability that may result from documents used in this form. MSG shall be defended and indemnified for reuse of documents for any purpose other than those intended under the Project. Permits and Approvals MSG will assist the Client in preparing applications and supporting documents for the Client to secure permits and approvals from agencies having jurisdiction over the Project. The Client agrees to pay all application and review fees. Safety MSG shall be responsible solely for the safety precautions or programs of its employees and no other party. In no event will MSG be responsible for construction methods, means, techniques or sequences of construction, which are solely the responsibility of the Contractor.

Site Access The Client shall obtain all necessary approvals for MSG to access the Project site(s). Severability Any provision of these terms later held to violate any law shall be deemed void and all remaining provisions shall continue in force. In such event, the Client and MSG will work in good faith to replace an invalid provision with one that is valid with as close to the original meaning as possible. Standard of Care Services provided by MSG will be performed with the care and skill ordinarily exercised by members of the same profession practicing under similar circumstances. The standard of care shall exclusively be judged as of the time the services are rendered and not according to later standards. Survival All provisions of these terms that allocate responsibility or liability between the Client and MSG shall survive the completion or termination of services for the Project. Suspension of Work The Client may suspend services performed by MSG with cause upon fourteen (14) calendar days written notice. MSG shall submit an invoice for services performed up to the effective date of the work suspension and the Client shall pay MSG all outstanding invoices within fourteen (14) calendar days. MSG shall be entitled to renegotiate the Project schedule and the compensation terms for the Project. Termination The Client or MSG may terminate services on the Project upon seven (7) calendar days written notice in the event of substantial failure by the other party to fulfill its obligations of the terms hereunder. MSG shall submit an invoice for services performed up to the effective date of termination and the Client shall pay MSG all outstanding invoices within fourteen (14) calendar days. Third Party Claims The Client will compensate MSG for services performed in defense of any third party claim unless the claim resulted from the negligent act, error or omission of MSG. Waiver of Rights The failure of either party to enforce any provision of these terms and conditions shall not constitute a waiver of such provision nor diminish the right of either party to the remedies of such provision. Revised January 2011

Clean Ohio Revitalization Fund

Application Process

Application

Review and

Scoring

45 Day Public

Notice Period

Application

Submission

Pre-Application

Submission

Approval

Process

Visit the Clean Ohio Website for more information: http://clean.ohio.gov/BrownfieldRevitalization/Default.htm

Download application forms online and choose a funding track

Meet with Ohio Dept

of Development and Ohio EPA staff to review the project; Project Resource and Advisory Meeting (PRAM): Meeting Request Form

Submit an

application for the Ohio Brownfield Inventory: Application Form

Submit a completed

application to the

public library

Place 4x4 sign on

project property

Place notice in local

newspaper with

library location and

date of public

meeting

Upload application

summary documents

to applicant’s

website

Hold a public

meeting at the end

of the 45 day period

Within 3 business

days of application

submittal to the

public library send

one copy of the

application to the

Ohio Dept of

Development and

Ohio EPA

Following the Public

Notice Period submit

the original signature

application

documents to the

local Ohio Public

Works District

Integrating

Committee Liaison:

IC Liaisons

Integrating

Committees will

prioritize each

application adding

points to the

application base

score

The Ohio Dept of

Development and

Ohio EPA will review

all application

submittals and verify

application base

scores

Applicants will have

an opportunity to

respond to

comments from the

review

The Clean Ohio

Council will meet at

the end of the

process to make

funding decisions

Once the Council

awards are made all

approved projects

must go to the state

Controlling Board for

final approval

A grant agreement

will be sent to

awardees following

Controlling Board

approval

http://clean.ohio.gov/BrownfieldRevitalization/Default.htm

http://clean.ohio.gov/BrownfieldRevitalization/RevitalizationFundApplication.htm

http://clean.ohio.gov/BrownfieldRevitalization/RevitalizationFundApplication.htm

http://clean.ohio.gov/BrownfieldRevitalization/SiteVisits.htm

http://clean.ohio.gov/BrownfieldRevitalization/SiteVisits.htm

http://www.derr.epa.ohio.gov/Home.aspx

http://www.pwc.state.oh.us/chair.txt.htm

DRAFT

Task No. Task Description/CommentsMSG*** Community/Development Partner

1 Brownfield Inventory Form prepare and submit application with permission forms to Ohio EPA X2 Project Resources and Advisory Meeting (PRAM) schedule with ODOD to meet with ODOD and Ohio EPA XPart A: Application Summary, Eligibility Criteria, and Required Environmental Information

A-Authorization Applicant Authorization and Certification Applicant signature required XA-Information Applicant Information three-page form with applicant and project information XA-1 Application Summary Document Four-page project overview XA-2 Authorization Resolution or Ordinance approving project from the Applicant. X

A-3Supporting Resolution or Ordinance from legislative authority(ies) of the community in which the property is located supporting the application submittal.. X

A-4 Copy of legal description and plat map or survey map. maps should be to scale with property highlighted in color on each, on aerial photograph X

A-5Copy of title(s) and access agreement(s), if applicable, for the entire project property.

If Applicant is not the current owner, an access agreement must be provided. The agreement must cover the date the application enters the library through NFA approval. X

A-6 Affidavit by Certified Professional (CP) for CORF application X

A-7 Schedule for RedevelopmentTime schedule for project completion in Gantt format with key project milestones X

A-8 Sources and Uses Fund worksheet Complete appropriate worksheet for the application scoring track chosen. X

A-9 Supporting Documentation for MatchProvide documentation for all match dollars identified on the Sources and Uses of Funds Worksheet X

A-10 Development Partners authorization and certification form (if applicable) X

A-11Signed Partnership Agreement between the Applicant and the Development Partner. MSG can provide example agreement language X

A-12 Clean Hands Affidavit signed by Applicant and Development Partner XA-13 Tax Information and Disclosure Information Form completed by Development Partner only X

A-14 Financial Liability formExplain any outstanding financial liabilities you (Applicant or Development Partner) have with state or local governments in Ohio. X

A-15 Public Notice Requirements

Copy of library receipt of application; Proof and copy of newspaper publication of notice; Photograph of property sign; date posted and website address; comments received during public notice period; minutes of public hearing; responsiveness summary; copies of letters of support X X

A-16 Copies of public commentscopies of public comments received during the 45-day comment period and minutes of public meeting X

A-17 List of changes made to application as a result of public participation procedures X

A-18 Remedial Action PlanPlan should describe all cleanup activities to be performed on the project property, including contaminated building materials and asbestos removal. X

A-19 Project Assumptions and Cost Estimate (PACE)

Must include: 1) overall costs, 2) major tasks, 3) estimates for soil, groundwater, and other environmental media, 4) backfill estimates, 5) demolition and debris disposal estimates, 6) general waste estimates, and 7) detailed costs. X

A-20 VAP Phase I Report VAP-compliant Phase I and/or Cleanup/Closure Plan X XA-21 Portions of VAP-compliant Phase II Report XPart B: Selection Methodology for Redevelopment Ready Track

B1 Map showing location of infrastructure relative to property

Property must be currently serviced by water and sewer lines. Accepted types of infrastructure include that which may be improved as well as bus lines and adjacent commuter/passenger rail. X

B2 Map showing location and distance of commerce from project property

Scoring is based on the property's relative distance from a sources of commerce, such as airports, rail stations, navigable waterways, major roadways, major employer for the county. X

B3 Market Study / Feasibility Study

If study is specific to the property, attach the executive summary. If study is for a local area, include executive summary and the portions that apply to the subject property. X

B4 Exposure Potential

Map to scale showing identified areas, sample locations, and sampling data; summary table decribing how many times over acceptable standardsl and map and sampling data for RACM, if applicable

B5 Description of each potentially complete pathway on or adjacent to the property

Projects are differentiated based on the extent of contamination as measured by complete exposure pathways - more complete pathways equate to a higher score X

B6Environmental Cleanup Costs (for Previous Owner / Responsible Party Contribution to Cleanup Costs Scenario)

Summary of the responsible party contributions and environmental cleanup costs. X

B7 Property transfer documentationPoints can be awarded if the responsible party donated the project propertyto the current owner. X

B8 Copy of effective "cost cap" or "pollution legal liability" insurance policyPoints are awarded to projects that have either a "cost cap" or "pollution legal liability" insurance policy in-place at the time of application. X X

B9 Relevant portions of Development Plan

A development plan is a strategic plan, market study, or other document that guides the future economic development or land use of the community in which the project property is located. X

B10Resolution or Ordinance from Applicant or local government entity regarding LEED standards

Points are awarded if the applicant or local government entity has passed a Resolution or Ordinance that ensures any renovation or new building construction follows LEED standards. X

B11 Demolition / Historic RehabilitationHistoric documentation that applies to the building or the acknowledgement form that the designation process has started. X

B12 DeconstructionProvide itemized list of eligible materials which will be reused or recycled, including item decription and estimated weight. X

B13 Documentation of previous award from other Clean Ohio Programs

Points are awarded for project properties that incorporate a project funded by the Clean Ohio Green Space Conservation Program and/or the Clean Ohio Trails Program on or adjacent to the project property. X X

B14 Blight ImpactCondemnation documentation or fire department documentation showing response to call at site within the last three months. X

B15

Map showing proximity to qualifying institution or location within a designated Ohio Hub and an Anchor Institution and letter from qualifying institution or Anchor Institution describing connection between core assets/strengths and proposed end use of the project property.

Bonus points are awarded for project properties located within a one-mile radius of one of the following qualifying institutions that are not currently owned by the institution: 1) an existing university, 2) a public hospital, or 3) a non-profit research institution OR the project property is located within a designated O.H.I.O. Hub with an Anchor Institution. X

*Tasks are based on the CORF General Application Instructions and Style Guide published in November 2011.

***Input from the Applicant and/or the Development Partner will be needed to complete these tasks.**This competitive grant program provides funds to physically change former commercial and industrial property through demolition and environmental cleanup activities.

Responsibility

Table 1.BAnticipated Allocation of Tasks*

Clean Ohio Revitalization Fund (CORF) Grant**Redevelopment Ready Track

SGladwell:Prepare and post sign; post website notices (with language provided by MSG); and obtain letters of support (MSG to provide template language).

THE MANNIK & SMITH GROUP, INC. 11/28/2011

Task/Milestone Target Completion Date

Submit Brownfield Inventory Form December-11Hold Project Resources and Advisory Meeting (PRAM) December-11Prepare application December and January

Submit application in public libraryJanuary 2012 (must be at least 45 days prior to

public meeting)

Place legal ad in local newspaperJanuary 2012 (must be at least 45 days prior to

public meeting)

Place sign on propertyJanuary 2012 (must be at least 45 days prior to

public meeting)

Place application information on community websiteJanuary 2012 (must be at least 45 days prior to

public meeting)

Library receipt signed by librarianJanuary 2012 (must be at least 45 days prior to

public meeting)Submit two copies of pdf version of application to ODOD and fax or email copies of newspaper public notice, picture of sign, and librarian receipt to ODOD

January 2012 (must be at least 42 days prior to public meeting)

Hold public meetingMarch 2012 (at least 45 days following the submittal of application in public repository)

Submit original application to ODOD March 2012 (following public meeting)

Agency review of applicationMarch/April 2012 (10 business days following

submittal of complete application)Prepare response to agency comments *April 2012ODOD and Ohio EPA prepare approval documents for ODOD Director April/May 2012ODOD Director approves request April/May 2012Sign agreement with State Controlling Board May/June 2012

Table 2

Clean Ohio Revitalization FundAnticipated Schedule

TO: Donald Icsman, Acting City Manager FROM: Thomas Schwan, Sandusky Transit Administrator DATE: November 28, 2011 RE: City Commission Agenda Item ITEM FOR CONSIDERATION: Legislation requesting approval for the City Manager to enter into a contract for transportation services between the City of Sandusky / Sandusky Transit System and Erie County Board of Developmental Disabilities. BACKGROUND INFORMATION: The Sandusky Transit System (STS) provides transportation services for clients of Erie County Board of Developmental Disabilities (ECBDD). These clients are transported on a daily schedule coordinated between STS and ECBDD. The ECBDD is under the direction of Superintendent Lisa Guliano. The current contract term is from March 14, 2011 until December 31, 2011. This contract will be in effect from January 1, 2012 to December 31, 2012 at a negotiated rate of $10.44 per trip. The rate is determined by the 2010 fully allocated trip rate calculations from the Ohio Dept. of Transportation Office of Transit, Public Transportation Index 2010. STS will provide ECBDD with reports, training and information that were agreed upon in said proposed contract. ECBDD will be invoiced and billed on a monthly basis and be expected to pay in a timely manner. The money received from this contract will help meet the local match of $51.200.00 for the JARC Grant. The JARC Program was established to address the unique transportation challenges faced by welfare and low-income persons seeking to obtain and maintain employment. These funds help operate our SPARC 1 route that operates in The City of Sandusky and throughout Perkins Township. BUDGET IMPACT: STS will receive $10.44 per trip from ECBDD for the length of the proposed contract. This money collected will be used to offset the capital planning and operating expenses and go towards the Job Access and Reverse Commute Programs (JARC) local match of $51,200.00, Project #’s JARC-4022-071-101 and JARC-0022-071-102 through the Ohio Department of Transportation (ODOT) and the Federal Transit Administration (FTA). ACTION REQUESTED: It is requested legislation be adopted allowing the City Manager to enter into a contract for transportation services with the Erie County Board of Developmental Disabilities. It is further requested that this legislation take immediate effect in full accordance with Section 14 of the City Charter to allow the agreement to be executed as soon as possible as the commencement date is January 1, 2012. ______________________________ Thomas Schwan, Sandusky Transit Administrator Todd Roth, Director of PED I concur with this recommendation: ______________________________________ Donald Icsman, Acting City Manager


AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR TRANSPORTATION SERVICES BETWEEN THE CITY OF SANDUSKY AND THE ERIE COUNTY BOARD OF DEVELOPMENTAL DISABILITIES, SUBSTANTIALLY IN THE SAME FORM ATTACHED HERETO; AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, the Erie County Board of Developmental Disabilities (ECBDD) is required by the Ohio Revised Code to ensure that transportation services are provided to and from day services in accordance with the individual service plans approved by the Erie County Board of Developmental Disabilities (ECBDD) and the administrative rules established by the State of Ohio; and WHEREAS, the Sandusky Transit System has provided transportation services to and from day services for Erie County Board of Developmental Disabilities (ECBDD) eligible individuals within the service area on a daily basis and desires to enter into an transportation services agreement with ECBDD for these services for the period of January 1, 2012 through December 31, 2012; and WHEREAS, the Sandusky Transit System will receive $10.44 per trip from ECDBB pursuant to the proposed agreement and these funds received will be used to offset the capital planning and operating expenses and go towards the local match of $51,200.00 for the Job Access and Reverse Commute Program (JARC) grant funded through the Ohio Department of Transportation and the Federal Transit Administration; and WHEREAS, this Ordinance should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter in order to execute the agreement as soon as possible as the commencement date is January 1, 2012; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments, including the Sandusky Transit System of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio finds that an emergency exists regarding the aforesaid, and that it is advisable that this Ordinance be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT:

Section 1. The City Manager be and hereby is authorized to execute the

Agreement with the Erie County Board of Developmental Disabilities for transportation

services for the period from January 1, 2012, to December 31, 2012, substantially in the

same form as reflected in Exhibit "1" which is attached to this Ordinance and specifically

incorporated as if fully rewritten herein together with such revisions or additions as are

approved by the Law Director as not being substantially adverse to the City and being

consistent with the objectives and requirements of this Ordinance and with carrying out

the City's public purposes.














by the President and the Clerk of the City Commission of the City of Sandusky, Ohio. DANIEL J. KAMAN PRESIDENT OF THE CITY COMMISSION ATTEST: KELLY L. KRESSER CLERK OF THE CITY COMMISSION Passed: December 12, 2011

Agreement: Transportation Services Erie County Board of Developmental Disabilities

And the City of Sandusky

This Agreement is made and entered into this __ day of , 2011 by and between the City of Sandusky / Sandusky Transit System, 222 Meigs Street, Sandusky, Erie County, Ohio 44870, [City] and the Erie County Board of Developmental Disabilities, Erie County, Ohio 44839, [ECBDD], under the conditions agreed upon as enumerated below, for the provision of transportation for ECBDD Eligible Individuals: WHEREAS, ECBDD is required by the Ohio Revised Code to ensure that transportation services are provided to and from day services in accordance with the individual service plans approved by ECBDD and the administrative rules established by the State of Ohio, and; WHEREAS, ECBDD, acting through its members, duly authorized in the minutes of its meeting held on _____________, 2012, has elected to contract with the City for provision of transportation services for the enrollees and applicants authorized by ECBDD, and; WHEREAS, the City through its public transit system, agrees to provide transportation to and from day services for ECBDD Eligible Individuals within the service area on a daily basis, except for those days and times on which Services are not provided, as enumerated below. NOW, THEREFORE, the parties agree as follows: A. The City responsibilities:

(a) The City shall operate and maintain the number of vehicles required to safely and conveniently transport seventy five (75) eligible individuals to Day Habilitation Providers on a daily basis as set forth in this Agreement. Any individual added after the commencement of this Agreement shall be subject to the approval of availability of the City.

(b) The City shall stress safety, respect for consumers, service quality, on-time performance, comfort and convenience for all trips carried by the City/ public transit system.

(c) The City shall provide rides for ECBDD Eligible Individuals to and from Day Habilitation Providers as listed in Exhibit “A” during its regular public transit service hours or 6:00 AM to 6:00 PM Monday thru Friday, excluding Martin Luther King Day, Presidents’ Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas Day, and New Year’s Day.

2012 Agreement for Transportation Services Erie County Board of DD and City of Sandusky Transit System Page 2 of 13 Dated upon execution by all parties

(d) The City shall notify ECBDD Eligible Individuals that they may be picked up thirty (30) minutes prior to the scheduled pick up time when scheduling rides to a Day Habilitation Provider. In no event shall Eligible Individuals be picked up after the scheduled pick up time or earlier than thirty (30) minutes prior to the scheduled pick up time. ECBDD Eligible Individuals that have scheduled rides departing from Day Habilitation Providers shall not be picked up before the scheduled pick up time.

(e) The City shall provide assistance to and from seats and up and down the steps of the vehicle to passengers deemed eligible for assistance by ECBDD. In the event that home staff or Day Habilitation Providers elect to provide assistance, drivers shall verify that seatbelts are secured before transport.

(f) The City shall make every feasible effort to accommodate new riders determined eligible by ECBDD along with any schedule changes that may be requested for individuals already determined eligible and receiving services from the City. Any request for service will be responded to within one (1) business day. ECBDD shall submit requests for new riders and/or changes to existing riders’ schedules at least three (3) business days in advance. The City shall use reasonable efforts to accommodate emergency and/or last minute trip requests.

(g) Once established, all regularly scheduled routes to and from day services shall not require prior notification.

(h) The City shall be responsible for determining the most economical method of transporting ECBDD consumers to pre-determined locations as approved by the ECBDD. In the event scheduling and/or adjustments need to be made to existing routes, the City shall give at least five (5) days written notice to ECBDD and any individuals that may be affected by a schedule or route change.

(i) The City shall submit to ECBDD on a daily basis, copies of driver’s daily attendance sheets for each individual that is transported to and from a day habilitation provider. The attendance sheets are attached as Exhibit “B”.

(j) The City shall, on monthly basis, invoice ECBDD for the premium service charge as listed in Exhibit “C”. Invoices will include an alphabetical listing of each individual and the total number of trips used for the month and the cost for each individual’s trips for the month. Invoices received by ECBDD will be due within thirty (30) days upon receipt of the invoice.


(k) The City shall meet the transportation reporting and audit needs of ECBDD, and shall ensure that all Federal and State transportation laws and regulations relating to the transportation of Eligible Individuals are followed.

(l) The City shall provide data as reasonably requested by ECBDD. (m) The City Transit Administrator shall act as the liaison with the

ECBDD and will attend scheduled meetings regarding behavior incidents, safety training and other topics as deemed appropriate by the ECBDD Superintendent or designee.

(n) The City Transit Administrator shall advise the ECBDD Transportation Supervisor and/or Superintendent on matters pertaining to the transportation of Eligible Individuals.

(o) The City shall operate as usual during inclement weather unless, the day service provider chooses to delay or close for the day and/or the County and/or the City Buildings are closed due to level 2 or 3 snow emergencies. The City’s Transit Administrator and ECBDD Transportation Supervisor shall work together to determine road conditions and the need for closings.

(p) The City shall develop a Code of Conduct for all Eligible Riders to follow while riding Sandusky Transit System vehicles. The Code of Conduct shall reference unacceptable behavior while on the City’s vehicles and the consequences of the unacceptable behaviors. The City shall make updates yearly to the Code of Conduct and inform ECBDD as to when the updates are complete and ready to be sent out to riders. The current Code of Conduct is attached as Exhibit “D”.

(q) The City shall report incidents that involve the health and safety of one or more eligible individuals within twenty-four (24) hours of occurrence to ECBDD.

(r) The City shall coordinate training with ECBDD staff on Major Unusual Incidents (MUI’s) and the reporting of MUI’s.

B. ECBDD Responsibilities:

(a) ECBDD shall supply the City with up to date Day Habilitation providers as listed in Exhibit “A”.

(b) ECBDD shall give notification to Eligible Riders in the event the City makes changes to routes. The City will give at least 5 business days notice should changes need to be made.

(c) Upon notification from the City, ECBDD shall send out notification to Eligible Riders regarding the Code of Conduct.

(d) ECBDD shall provide training to the City’s Transit System drivers at least once a year on Major Unusual Incidents (MUI). Training


shall be coordinated to meet the scheduling needs of both parties.

(e) ECBDD shall pay invoices within thirty (30) days of receipt of the invoice.

(f) The ECBDD Transportation Supervisor shall be the liaison with the City.

C. Miscellaneous Provisions:

(a) ECBDD shall be named as an additional insured through the service provider for the City’s Transit System, provided no additional charge is incurred by the service provider for such coverage. If the service provider incurs an additional charge to name ECBDD as an additional insurer, the Parties agree to negotiate a mutually acceptable resolution.

(b) Coverage carried shall be at a minimum of $5,000,000 per occurrence general liability, $3,000,000 per occurrence automobile liability, and $3,000,000 per occurrence excess liability coverage. A current certificate of insurance will be provided to ECBDD and maintained throughout the duration of this Agreement.

(c) ECBDD shall provide the City Transit Driver’s and all eligible riders with Emergency Evacuation Procedures on an annual basis as required by the Ohio Department of Developmental Disabilities. The City shall ensure that City Transit Driver’s review the Emergency Evacuation Procedures with eligible riders and document it on an annual training sheet provided by ECBDD.

(d) Public fare riders for whom tickets are purchased by ECBDD are subject to all policies and procedures of the City’s service, including advanced reservation, no-shows, late cancel and ride suspension policies. Public fare rates may change as necessary to maintain financial viability of the City’s Transit Service; however any fare increases require a public notice of increase of 120 days.

(e) The City and ECBDD shall work together to facilitate positive and open communication and trust between the Parties. It is acknowledged and agreed by the Parties that not all events and incidents can be anticipated or procedurally accounted for in this document. Issues shall be resolved on an individual basis via written communication between the City and ECBDD until mutual agreement is reached.

(f) The Agreement has been drafted and shall be interpreted in a manner consistent with the overall By-Laws and/or operational


procedures of both ECBDD and the ordinances of the City of Sandusky, as well as Ohio law.

(g) This may be supplemented or amended by the ECBDD and the City at any time to address specific areas and aspects of service. However, any modification must be in writing and signed by both parties.

D. The Americans with Disabilities Act does not require an entity to

provide services to an individual who engages in violent, seriously disruptive, or illegal conduct. However, an entity shall not refuse to provide service to an individual with disabilities solely because the individual’s disability results in appearance or involuntary behavior that may offend, annoy, or inconvenience employees, the entity or other persons. If both Parties do not agree on a course of action regarding an incident, then the Parties shall seek the services of an impartial third party to intervene.

E. Individuals shall be afforded the opportunity of a hearing within thirty

(30) days of any permanent or temporary suspension to show cause why the suspension should not be imposed. The individual shall be afforded a notice of the show cause hearing, including the type of suspension to be imposed and the events leading to such a suspension.

F. Term. This Agreement shall be in effect from January 1, 2012 to

December 31, 2012. G. Termination. Any modification of this Agreement shall be binding only

if evidenced in writing, signed by the authorized representative of each party and this Agreement may be terminated by either party by giving 30 days written notice of termination to the other party's authorized representative:

For the City: For ECBDD: City of Sandusky Erie Co. Board of Developmental Disabilities c/o City Manager c/o Superintendent 222 Meigs Street 4405 Galloway Road Sandusky, OH 44870 Sandusky, OH 44870

H. Force Majeure. In the event the City is unable to provide

transportation services or Day Habilitation Providers are closed


because of acts of God, any acts of war, terrorism, unavoidable accident, labor strike or other labor dispute, fire, riot or civil commotion, government action or decree, and/or any other cause beyond the reasonable control of the party whose performance is affected, shall not be deemed a breech of this Agreement.

I. Arbitration. Any disagreement regarding stated provisions or required

negotiations, or other provisions not specifically covered by this Agreement, and for which no mutual agreement can be reached, shall be settled by arbitration as follows:

(a) The City shall select and appoint one (1) arbitrator and ECBDD

shall select and appoint one (1) arbitrator. (b) The two (2) appointed arbitrators shall select and appoint a

third. (c) All three (3) arbitrators shall be residents of Erie County, Ohio. (d) The City and ECBDD shall agree to the settlement of differences

as reached by a majority of the appointed arbitrators.

J. Neither party hereto is agent, employee or servant of the other, and this Agreement does not in any manner create a partnership between the parties hereto.

K. Entire Agreement. This Agreement supersedes all other oral and

written agreements between the parties with respect to the services that are the subject of this Agreement and contains all of the covenants and agreements between the parties.

L. Governing Law. This Agreement shall be governed by and construed

in accordance with the laws of the State of Ohio. M. This Agreement shall be passed as a resolution by both Parties and

such resolution or action of the respective Commission of the City of Sandusky and the Erie County Board of Developmental Disabilities shall be herein attached and incorporated by reference as Exhibits E and F.

Signature Pages to Follow

2012 Agreement for Transportation Services Erie County Board of DD and City of Sandusky Transit System Page 7 of 13 Dated upon execution by all parties Erie County Board of Developmental Disabilities (ECBDD) ______________________________________ _______________________ Lisa M. Guliano, Superintendent Date 4405 Galloway Road Sandusky, Ohio 44870 Approved as to Form: _______________________________________ Kevin J. Baxter, Erie County Prosecutor By: Sandy Rubino, A.P.A. The City of Sandusky Transit System (the City) ________________________________________ ________________________ Donald C. Icsman, Acting City Manager Date City of Sandusky 222 Meigs Street Sandusky, Ohio 44870 Approved as to form: ________________________________________ Donald C. Icsman, Law Director Ohio Supreme Court #0021435 Law Director City of Sandusky


EXHIBIT “A”

Day Habilitation Provider Locations

1. Double S Industries 4405 Galloway Road Sandusky, Ohio 44870 2. Goodwill Industries

419 W. Market Street Sandusky, Ohio 44870 3. Goodwill Industries

924 E. Perkins Avenue Sandusky, Ohio 44870

4. Partner’s In Community (PIC) 116 W. Madison Street Sandusky, Ohio 44870


EXHIBIT “B “

DAILY ATTENDANCE SHEETS


EXHIBIT “C”

PREMIUM SERVICE CHARGE

In exchange for the services stated in this Agreement, ECBDD will be billed on a monthly basis a premium service charge for each ride provided in the previous month. The premium charge will be $11.92 per ride. The exact count of rides will be determined by drivers’ daily attendance sheets, which shall be reconciled by both ECBDD and The City. This will included rides only to and/or from Day Habilitation Providers as listed in Exhibit “A”.


EXHIBIT “D”

Code of Conduct with Consequences of Infringement

Riding privileges may be permanently suspended for the following actions:

1. Physically harming a passenger, driver or City Employee. 2. Threatening passengers or staff with bodily harm on a Transit

System vehicle or on the telephone. 3. Intentionally damaging a transit vehicle or transit property in any

manner. 4. Engaging in any violent, seriously disruptive or illegal conduct.

Riding privileges may be suspended for a thirty (30) day period for the following actions:

1. Smoking on a transit vehicle. 2. Actively eating or drinking on a transit vehicle more than one time. 3. Refusing to wear a seatbelt on a transit vehicle more than one time. 4. Excessively using profanity or language, which is upsetting and

disruptive to other passengers or staff. 5. Packages are limited to whatever can be comfortably carried on

the consumer’s lap.


EXHIBIT “E”

RESOLUTION TO BE ATTACHED BY ECBDD


EXHIBIT “F”

RESOLUTION TO BE ATTACHED BY CITY OF SANDUSKY

TO: Donald C. Icsman, Acting City Manager FROM: Thomas Schwan, Transit Administrator DATE: November 29, 2011 RE: Ordinance to enter into a 3-year contract with the option to renew for two (2)

consecutive one (1) year terms with MV Transportation, Inc. to operate and manage the Sandusky Transit System public transportation service.

ITEM FOR CONSIDERATION: Legislation for approval to award and enter into a 3-year services contract with the option to renew for two (2) consecutive one (1) year terms with MV Transportation, Inc. for the daily operation and management of the Sandusky Transit System (STS) public transportation service. This contract is to begin January 1st, 2012 through December 31, 2014. The City will have the option to renew the contract for two (2) consecutive one (1) years terms beginning January 1, 2015, through December 31, 2016. BACKGROUND INFORMATION: The City of Sandusky is the designated recipient of Federal Transportation Administration (FTA) funding dollars under Chapter 49, Section 5307 of the Code of Federal Regulations. As per the regulations, the daily operation and management of STS is to be bid to the general public for a designated period of time to be determined by the City. The City chose to request proposals for a three year with an option for two additional one year renewal time period. The City sought a third-party, turnkey service provider who could provide vehicles, vehicle maintenance, management, personnel, and dispatch for STS. A Request for Proposal (RFP) was issued on October 21, 2011, for qualified passenger transportation entities for the demand responsive, point deviation, curb-to-curb, small urban public transit system within the designated service area of the current STS operation. The RFP requested the respondents to separately submit both a technical proposal and a service cost proposal. The technical proposal was to address in detail the respondent’s qualifications and experience in operating similar transit systems, and also to contain their proposed service plan of operation of STS. MV Transportation, Inc. was the only service provider to respond to the RFP and submitted a technical and service cost proposal. To determine if the service cost proposal was the “best value” for the City, the Sandusky Transit Administrator performed a Transit Market Analysis. Through this Transit Market Analysis it was determined that MV Transportation, Inc. was the lowest and best proposal, competitive with its service cost and has proved through the past contract that they have provided excellent services to the residents of Sandusky and meet the needs of the City. BUDGET IMPACT: STS operations and administration are funded in whole by the Federal Transit Administration, State of Ohio, local contributing agencies, local contributing private entities, and the daily farebox collections. No General Fund monies are used in the daily operation of STS. ACTION REQUESTED: It is therefore requested that legislation be adopted allowing the City Manager to enter into a 3-year services contract with the option to renew for two (2) consecutive one (1) year terms with MV Transportation, Inc. to operate and manage the Sandusky Transit System. It is further requested that this legislation take immediate effect in full accordance with Section 14 of the City Charter to execute the contract with MV Transportation, Inc. and allow for continued transportation services under the new contract which begins on January 1, 2012. _______________________________ Thomas Schwan, Transit Administrator I concur with this recommendation: _____________________________ _______________________ Donald C. Icsman, Acting City Manager Todd J Roth, P.E., P.S.

ORDINANCE NO.__________ AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR TRANSPORTATION SERVICES BETWEEN THE CITY OF SANDUSKY AND MV CONTRACT TRANSPORTATION, INC., SUBSTANTIALLY IN THE SAME FORM ATTACHED HERETO; AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, the City of Sandusky is the designated recipient of Federal Transportation Administration (FTA) funding under Chapter 49, Section 5307 of the Code of Federal Regulations and the Sandusky Transit System serves the residents within the City of Sandusky, Perkins Township and the City of Huron service areas; and WHEREAS, as a result of a Request for Proposals issued October 21, 2011, MV Contract Transportation, Inc., was the only respondent to submit a proposal and subsequent to a Transit Market Analysis, was selected as the lowest and best proposal which provides the City with competitive service costs and the best value for the continued operation of the Sandusky Transit System; and WHEREAS, the proposed contract provides for a three (3) year contract beginning on January 1, 2012, through December 31, 2014, with the City having the option to renew the contract upon the same terms and conditions for two (2) consecutive one (1) year terms beginning January 1, 2015, through December 31, 2016; and WHEREAS, this Ordinance should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter to execute the contract with MV Contract Transportation, Inc., and allow for continued transportation services under the new contract which begins on January 1, 2012; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments, including the Sandusky Transit System of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio finds that an emergency exists regarding the aforesaid, and that it is advisable that this Ordinance be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. This Commission hereby approves the Contract for Transportation

Services, a copy of which is attached to this Ordinance marked Exhibit "A" and

specifically incorporated as if fully rewritten herein, together with the RFP submitted by

MV Contract Transportation, Inc., which is on file in the office of the City Manager, and

the City Manager is authorized and directed to execute the Contract for Transportation

Services on behalf of the City in substantially the as form of the Contract attached to

this Ordinance together with such revisions or additions as are approved by the Law

Director as being consistent with the requirements of this Ordinance.



CONTRACT FOR

TRANSPORTATION SERVICES

This contract executed this ___day of ___________, 2011 by and between the City of Sandusky, Ohio (hereinafter referred to as “the City”) and MV Contract Transportation, Inc. (hereinafter referred to as the “Service Provider”).

WITNESSETH:

WHEREAS, the City operates the STS as a Small Urban Transit System under the guidelines of 49 USC 53. The City of Sandusky is the designated recipient of the Section 5307 funds for the operation of the system.

WHEREAS, the City has agreed by resolution to contract with the Service Provider to carry out the provisions of the Project.

NOW, THEREFORE, in consideration of the mutual covenants, promises, representations, and warranties set forth herein the parties agree as follows:

SECTION 1. PURPOSE OF CONTRACT. The purpose of this Contract is to provide for the undertaking of transportation services to the general public in the City of Sandusky, as described in the application, incorporated herewith and made a part hereof by reference, (hereinafter referred to as the Project) by the Service Provider and to state the terms, conditions and mutual understandings of the parties as to the manner in which the Project will be undertaken and completed.

SECTION 2. TYPE OF CONTRACT. This contract shall be a unit price contract based on a vehicle hour of service rate, and compensation thereunder shall be in accordance with Section 6, COMPENSATION.

SECTION 3. PROJECT IMPLEMENTATION. The Service Provider agrees to undertake and complete the Project either directly or indirectly under the supervision of the City in accordance with the terms and conditions of this Contract and as described in the Request for Proposals dated October 21, 2011 and the Service Providers Proposal dated

Sandusky Transit System MV Service Contract 2012

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November 16, 2011 which documents shall be incorporated herein and made a part hereof by reference.

SECTION 4. PROJECT DURATION. The Service Provider shall commence and carry on the Project beginning January 1, 2012, and ending December 31, 2014. The City shall have the option to renew this contract upon the same terms and conditions specified herein for two (2) consecutive one (1) year terms beginning January 1, 2015 and ending December 31, 2016. The City shall exercise the first option to renew by providing written notice to Service Provider at least ninety (90) days prior to December 31, 2014. The City shall exercise the second option to renew by providing written notice to Service Provider at least ninety (90) days prior to December 31, 2015. SECTION 5. LEVEL OF FUNDING. It is understood that funding provided to the Service Provider by the City is contingent upon a sufficient level of funding being available to the City through the FTA and ODOT. Should, at any time, sufficient Federal and/or State funds not be available to the City for the operations of rural public transportation services, the City may suspend or terminate the Project and cancel this contract as stipulated in SECTION 27. TERMINATION. In the event the Contract is terminated by City, Service Provider shall be paid for services provided through the date of termination plus its reasonable termination costs. Service Provider shall not be required to provide service if no funding is available.

Projected Service Hours: The service shall be capped at 6300 hours per quarter. The quarterly cap will be strictly enforced in order to ensure the sustainability of the service. Any hours in excess of the cap, may be paid in subsequent quarters, providing the quarterly cap is not exceeded. This will allow for the optimization of the service, and account for varying service days throughout the quarter as some months may have 20 service days while others may have 23, etc.

SECTION 6. COMPENSATION. The Service Provider shall submit properly documented invoices, not more than twice per month for vehicles hours of service. The vehicle hourly rate shall be $33.391 from January 1, 2012 through December 31, 2012; $33.819 from January 1, 2013 through December 31, 2013; $34.772 from January 1, 2014 through December 31, 2014. The vehicle hourly rate for the two (2) one (1) year renewal options, if exercised by the City, shall be $35.605 from January 1, 2015 through December 31, 2015 and $36.575 from January 1, 2016 through December 31, 2016.


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A “Vehicle Hour” is defined as the period of time from when a vehicle departs the City’s operating facility each day until the time the vehicle returns to the City’s operating facility each day, less the amount of time equal to unpaid driver lunch.

SECTION 7. PAYMENT. PAYMENT TERMS. City shall pay Service Provider within 30 days of receipt of Services Provider’s invoices. Service Provider may cease to provide services under this Contract should City fail to compensate Service Provider for services rendered within the time period specified herein.

DISPUTED INVOICES. In the event City disputes any portion of Service Provider’s invoice, City shall notify Service Provider in writing within fourteen (14) days of receipt of Service Provider’s invoice. City shall pay the undisputed portion of the invoice within thirty (30) days of receipt of Service Provider’s invoice.

DISPUTE RESOLUTION. Service Provider and City shall meet within fourteen (14) days of Service Provider’s receipt of City’s notice of a disputed invoice to negotiate a resolution to the dispute. In the event Service Provider and City cannot resolve the dispute through negotiation, the dispute will be resolved in accordance with Section 31(below).

SECTION 8. TRANSIT REVENUE. The revenue generated from Sandusky Transit System shall be considered the property of the City. Service Provider shall collect fares as directed by the City and shall credit the City on its monthly invoice for the amount of fares collected. SECTION 9. ACCOUNTING RECORDS. The Service Provider shall establish and maintain in accordance with requirements and established by the City, ODOT, and FTA, separate accounts for the Project either independently or within its existing accounting system to be known as the Project Account. All cost charged to the Project, including any approved services contributed by the Service Provider, or others, shall be supported by properly executed payroll, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges in accordance with the rules and regulations of the City, ODOT and FTA.


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All checks, invoices, vouchers, orders or other accounting documents in whole or in part to the extent feasible, shall be kept separate and apart from all other such documents. All accounting records shall be retained for three (3) years following payment of the final payment or completion of audit whichever is later. SECTION 10. FINANCIAL STATEMENT. The Service Provider shall submit to the City as such times as it may require, such financial statements, records, and other fiscal documents as may be deemed necessary by the City, ODOT or FTA. SECTION 11. AUDIT AND INSPECTION. The Service Provider shall permit the City, ODOT, and FTA or their agents to inspect all vehicles, facilities and equipment purchased by the City, including those obtained through the Project, all transportation services rendered by the Service Provider by the use of such vehicles, facilities and equipment, and all relevant Project data and records. The Service Provider shall also permit the City, ODOT, and FTA or their agents to audit the books, records, and accounts of the Service Provider pertaining to the Project. An annual audit shall be conducted. The Service Provider agrees the City shall be permitted to inspect all work, materials, payrolls and other data and records with regard to the Project, and to audit the books, records, and accounts with regard to the Project. The Service Provider further agrees to allow the City to participate in the management of the Project, including but not limited to the hiring and appointment of Project personnel. SECTION 12. USE OF CITY'S EQUIPMENT AND FACLITIES. Equipment or facilities owned by the City will be used by the Service Provider only for the implementation of the Project and will be maintained at a high level of safety, cleanliness and mechanical soundness. SECTION 13. REQUIRED INSURANCE COVERAGE. The Service Provider shall purchase and maintain throughout the Project a comprehensive policy of general liability insurance upon the Project at a minimum of $5,000,000 coverage, which will protect the Service Provider, City, ODOT and FTA from claims for damages to property and bodily injury including


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death, which may arise from or in connection with operation of the Project by the Service Provider. The Service Provider agrees to protect, defend, indemnify and hold harmless City of Sandusky, its officers, employees and agents against any and all charges, professional fees or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character in connection with or arising directly or indirectly out of this contract and/or performance hereof and resulting from the negligence or intentional misconduct of Service Provider, except to the extent that such charges, professional fees or other expenses or liabilities are the result of the negligence of the City or its employees, subcontractors or agents. The Service Provider further agrees to investigate, handle, respond to, and defend any and all such claims and to absorb all associated costs, even if such claims are groundless, false or fraudulent. The Service Provider shall maintain automobile liability insurance coverage on all vehicles in the amount of $5,000,000 combined limit. Any deductible on such policies will be paid by the Service Provider. The City of Sandusky, ODOT, and FTA shall be named as additionally insured on all liability policies. All accidents must be reported within twenty-four (24) hours of Service Provider’s knowledge of occurrence. The Service Provider shall provide proof of insurance coverage prior to commencing service. SECTION 14. ENVIRONMENTAL VIOLATIONS. The Service Provider agrees to comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 18579h), Section 508 of the Clean Water Act (33 USC1368), Executive Order 11738 and Environmental Protection Agency regulations (40 CFR Part 15) which prohibits the use under nonexempt Federal contracts, grants, loans of facilities included on the EPA list for Violating Facilities. The Service Provider shall report violations to the City, ODOT, FTA and the US EPA Assistant Administrator for enforcement. SECTION 15. ENERGY CONSERVATION. The Service Provider shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation plan


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issued in compliance with the Energy Policy and Conservation Act (42 USC 6321 et seq.) SECTION 16. CONSULTANT CONTRACTS. Subcontracts must be submitted by the Service Provider to the City for review and prior approval. SECTION 17. ASSIGNABILITY. The Service Provider shall not assign, transfer, convey or subcontract in whole or in part, sublet or otherwise dispose of the Contract without the expressed prior written consent of the City and such written consent shall not release the Service Provider from any obligations of this Contract. SECTION 18. FORCE MAJEURE. Either party shall be excused from performing its obligations under this Contract during the time and to the extent that it is prevented from performing by a cause beyond its control, including, but not limited to: any incident of fire, flood, or strike; acts of God; acts of Government; war or civil disorder; violence or the threat thereof; severe weather; commandeering of material, products, plants, or facilities by the federal, state or local government; national fuel shortage; or a rational act or omission by the other party, when satisfactory evidence of such cause is presented to the other party, and provided further that such nonperformance is beyond the reasonable control of, and is not due to the fault or negligence of, the party not performing. SECTION 19. PROJECT MONITORING AND EVALUATION DATA. The Service Provider shall provide all data required for monitoring and evaluation of the Project requested by the City, ODOT, and FTA. The Service Provider shall provide operating data, including but not limited to, ridership, vehicle hours of service, operation costs and revenues to the City for submission to ODOT as periodically required. SECTION 20. CHANGES IN PROJECT SCOPE OR RATES. Changes to this Contract shall be effective only upon written agreement between the parties. The City and Service Provider shall renegotiate the rates contained in Section 6 of this Contract in the event of any of the following events: (1) An increase or decrease of 10% or more of the projected number of


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vehicle hours as detailed in the City’s Request for Proposal; (2) an increase in the mandatory minimum wages of benefits to be paid to Service Providers employees as the result of an act of any governmental entity with jurisdiction of the Service Provider; or (3) changes to the costs of the Service Provider as the result of changes to any law, rule or regulation subsequent to the execution of this Contract. SECTION 21. LABOR PROTECTION. During the performance of this Contract, the Service provider agrees to comply with the following: Labor Provisions 1) Overtime Requirements: No Service Provider shall require or permit any

laborer or mechanic to work in excess of eight hours in any calendar day or in excess of forty hours in any work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his or her rate of pay for all hours worked in excess-of eight hours in any calendar day or in excess of forty hours in such work weeks.

2) Violation: Liability for Unpaid Wages, Liquidated Damages: In the event of

any violation of the clause set forth in subparagraph (b) (I) of 29 CFR Section 5.5, the Service Provider responsible therefore shall be liable for the unpaid wages. In addition, the Service Provider shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchman and guards, employed in violation of the clause set forth in subparagraph (b) (1) of 29 CFR Section 5.5 in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard work week of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (b) (I) of 29 CFR Section 5.5.

3) Withholding for unpaid wages and Liquidated Damages: US DOT or ODOT

shall upon its own action or upon written request of an authorized representative of the Department of Labor withheld or cause to be withheld, from any monies payable on account of work performed by the Service Provider under this Contract or any other Federal contract with the same Service Provider, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Service Provider, such` sums as may be determined to be necessary to satisfy any liabilities of such Service Provider for unpaid wages and liquidated damages


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as provided in the clause set forth in subparagraph (b) (2) of 29 CFR Section 5.5.

4) Non-construction Grants: The Service Provider shall maintain payrolls and

basic payroll records during the course of the work and shall preserve for a period of three years from the completion of this Contract for all laborers and mechanics, including guards and watchman, working on the Project. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made and actual wages paid. Further, the Service Provider shall insert in any subcontract a clause providing the records to be maintained under this paragraph shall be made available by the subcontractor for inspection, copying, or transcript by authorized representatives of US DOT and the Department of Labor. The Service Provider shall permit such representatives to interview employees during working hours.

5) Subcontracts: The Service Provider shall insert in any subcontracts the clauses

set forth in subparagraphs (1) through (5) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Service Provider shall be responsible for compliance by any lower tier subcontractor with the clauses set forth in subparagraphs (1) through 5) of this section.

SECTION 22. EQUAL EMPLOYMENT OPPORTUNITY. In connection with the execution of this contract, the Service Provider shall not discriminate against any employee or applicant for employment or use of the transportation service provided because of race, religion, color, sex, age, or national origin. The Service Provider shall take affirmative action to ensure the applicants are employed and that employees are treated during their employment, without regard to their race, religion, color, sex, age, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment, or advertising, layoff or termination, and selection for training including apprenticeship. The Service Provider shall document such affirmative action efforts by providing the City with data relating to the sex, race, age, and classification of each employee of the Service Provider's organization. SECTION 23. COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT. The Provider must comply with the Americans with Disabilities Act. The Service Provider agrees that as a condition to this Contract that no otherwise qualified


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disabled person shall, solely by reason of his/her disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under this program or activity that receives or benefits from Federal financial assistance administered by the City through funding by ODOT and FTA Service Provider shall not be responsible for any violations of the complimentary paratransit provision of the Americans with Disabilities Act or its regulations for service denials in the event City does not authorize the number of vehicle hours required to meet all the trip demand. Service Provider shall not be required to provide service without compensation. City shall be solely responsible for adopting operating policies which are in compliance with the ADA. SECTION 24. MINORITY AND DISADVANTAGED BUSINESS ENTERPRISES: (1) Policy. It is the policy of US DOT that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the DEE requirements of 49 CFR Part 23 apply to this contract. (2) DBE Obligation. The City and its Service Providers agree to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under this contract. In this regard the City and Service Providers shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 and the DBE Policy as established by the City of Sandusky to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. The Service Provider shall not exclude DBEs from participation in business opportunities by entering into long-term, exclusive agreements with non-DBEs for operation of major transportation related activities or for the provision of goods and services for the Project. SECTION 25. CIVIL RIGHTS ACT OF 1964 (TITLE VI). The Service Provider will comply with all requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Stat. 252), The Regulation of DOT issued thereunder (CFR Title 49, Subtitle A, Part 21), and the requirements as identified in the attached Appendix A.


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SECTION 26. DRUG FREE WORKPLACE ACT. The Service Provider will be required to implement a drug and alcohol testing program for all safety-sensitive personnel, per 49 CFR Part 655 and Part 40, by January 1, 2002. The Service Provider will also be required to comply with the Drug-Free Workplace Act of 1988 as amended. SECTION 27. TERMINATION. The City may, by written notice to the Service Provider, terminate the Project and cancel this contract for any of the following reasons: 1) ODOT notifies the City of the termination of this Project without cause. City

shall reimburse Service Provider reasonable closeout costs should City terminate the Project prior to the end of the term or any extension term if the reason for termination is other than breach or default of Service Provider.

2) The Service Provider discontinues providing rural public transportation services as described in the Application approved by ODOT and FTA or in approved modifications, thereto.

3) The Service Provider takes any action pertaining to this Contract without the

approval of the City and which under the procedures of this contract would have required the approval of the City.

4) The commencement, prosecution or timely completion of the Project by the

Service Provider if for any reason, rendered improbable, impossible, or illegal. 5) The Service Provider shall be in default under any provision of this contract

which default remains uncured following thirty (30) days written notice of default (See Section 33, below).

6) Sufficient Federal and/or State funding is not made available to the City for

the operation of rural public transportation services. In the event the Contract is terminated by City, except for default of Service Provider, Service Provider shall be paid for services provided through the date of termination plus its actual and reasonable termination costs SECTION 28. CONTRACT CHANGES. Any proposed change in this contract shall be agreed upon by the City and Service Provider and must not alter the agreement between the City and


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ODOT. Any change that would alter the City's contract with ODOT must receive approval from ODOT prior to approving said change SECTION 29. SEVERABILITY. In the event any provision of the contract is declared to be unlawful, invalid or unconstitutional, such declaration shall not affect, in any manner, the legality of the remaining provision of the contract and each provision of the contract will be and is deemed to be separate and severable from each other provision. SECTION 30. DISPUTE. Any dispute concerning a question of fact in connection with the work not disposed of by agreement between the City and the Service Provider shall be referred to the Director of ODOT whose decision shall be final, unless the City or Service Provider thereafter seeks resolution in a Court of Law. The Service Provider is responsible for maintaining the Project facilities, equipment, and vehicles and will abide by the standard federal and state assurances as agreed to by the City in its contract with ODOT and incorporated herein by reference. SECTION 31. DEFAULT. Neglect or failure of the Service Provider or the City to comply with any of the terms, provisions or conditions of this contract shall be an event of default. Service Provider or the City shall correct its default or make substantial progress, as determined by the non-defaulting party, to correct the default within 30 days of receipt of written notice of default. In the event the defaulting party fails to cure the default within 30 days, then the non-defaulting party may terminate this Contract. SECTION 32. FEDERAL REQUIREMENTS. The Service Provider shall be required to comply with all of the Federal requirements listed in Appendix B. The Service Provider shall also comply with any and all additional regulations, requirements, etc. that may be required as part of the Rural Transit Program.


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SECTION 33. WAIVER. Failure of either party to assert any right, which it has under this Contract, or to assess penalties as provided, shall not act as a waiver as to that party's right to enforce the provisions of said Contract, or assess penalties in the future. SECTION 34. ORDER OF PRECEDENCE. The order of precedence for the documents which make up the entire agreement between the parties are as follows: Amendments to this CONTRACT, this CONTRACT, the Request for Proposals, the Proposal. SECTION 35. NOTICES. All notices required in this Contract shall be in writing and sent via certified mail to the other party. Notice to the City shall be sent to: City of Sandusky, c/o City Manager, 222 Meigs Street, Sandusky, Ohio 44870 and Donald C. lcsman, Law Director, City of Sandusky, 222 Meigs Street, Sandusky, Ohio 44870. Notice to Service Provider shall be sent to _____________________, Chief Executive Officer, MV Contract Transportation, Inc., 360 Campus Lane Suite 201, Fairfield, California 94534 and Theresa Bihn, General Manager, 1230 N. Depot Street, Sandusky, Ohio 44870. Notice shall be deemed effective on the date of delivery.

SIGNATURE PAGES FOLLOW


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IN WITNESS WHEREOF, this Contract is effective upon execution provided

that the City of Sandusky, Ohio and the Service Provider sign below. WITNESSES: MV TRANSPORTATION, INC.:

____________________________ ______________________________________ Brad Cornelsen, Chief Financial Officer

____________________________

STATE OF CALIFORNIA ) ) ss: SOLANO COUNTY )

On this _____ day of ________________, 2011, before me, a Notary Public in and for said County and State, personally appeared Susan C. Daugherty, Director, Serving Our Seniors and acknowledged their execution of the foregoing instrument as said officer of said Serving Our Seniors on behalf of said Serving Our Seniors and by its authority and that the same is their voluntary act and deed as said officer on behalf of said Serving Our Seniors and the voluntary act and deed of said Serving Our Seniors.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed

my official seal on the day and year aforesaid.

___________________________________________ NOTARY PUBLIC


Page 14 of 14

WITNESSES: CITY OF SANDUSKY:

____________________________ ______________________________ Donald C. Icsman Acting City Manager

______________________________

STATE OF OHIO ) ) ss: ERIE COUNTY )

On this _______ day of ________________, 2011, before me, a Notary Public in and for said County and State, personally appeared Donald C. Icsman, Acting City Manager of the City of Sandusky, Ohio, and acknowledged his execution of the foregoing instrument as said officer of said City on behalf of said City and by its authority and that the same is his voluntary act and deed as said officer on behalf of said City and the voluntary act and deed of said City.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed

my official seal on the day and year aforesaid.

____________________________________ NOTARY PUBLIC

Approved as to Form:

________________________________________ Donald C. Icsman Ohio Supreme Court #0021435 Law Director City of Sandusky

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TO: Donald C. Icsman, Acting City Manager FROM: Carrie R. Handy, Chief Planner DATE: December 7, 2011 RE: Commission Agenda Item Adrienne’s Gourmet Foods Revolving Loan Fund Project ITEM FOR CONSIDERATION: An Ordinance approving a $150,000 loan from the City’s Revolving Loan Fund (RLF) for Adrienne’s Gourmet Foods, Inc. The RLF Committee met on November 21, 2011 and unanimously voted to recommend a 7 year loan for $150,000 at 3% interest. The company is purchasing new equipment for an expansion which would create 35 new jobs over the next three years. A list of the equipment which will be purchased is attached to this communication. This loan is part of a $300,000 financing package for the equipment purchase. The City will have a purchase money security interest in the equipment being purchased and a general security agreement filed with the Secretary of State. BACKGROUND INFORMATION: BUSINESS HISTORY Named for John O’Donnell’s wife Adrienne. the company started in 1986 in an 800 square foot shop with one oven in Santa Barbara California baking Hawaiian style crackers that the owner was not able to find in California. John O’Donnell had business experience as a commodities trader in California but no experience as a manufacturer when the business started. The company built the brand, Lavosh Hawaii and increased business by specializing in organic crackers. They expanding their sales and geographic reach by selling through trade shows to hotels and country clubs but also worked weekends handing out samples at grocery stores. As all of this was going on Adrienne O’Donnell earned an MBA from the University of California-Los Angeles. The Lavosh Hawaii brand expanded to six varieties of cracker with the addition of Courtney’s brand organic crackers and other brands such as Darcia’s Crostini Tuscan dipping crackers. By 1990 the company expanded into a new 12,000 square foot facility with 130 employees and began contract baking for other brands and as a provider of house brand cookies and crackers for grocery stores. Today you can find a wide variety of their products ranging from the small packages of cookies at your gas station to upscale organic house branded crackers at Safeway. CURRENT SITUATION

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In early 2011, the company bought the building at 1034 Hancock Street and began operations. The company currently employs 68 full-time employees at the Sandusky facility and is transferring some of its operations to Sandusky. This building is ideal for the company’s use having last been occupied by Consolidated Biscuit. The building maintains its FDA certification and came with a significant number of ovens and other processing equipment including a still-functioning ammonia refrigeration system that provides cooling and freezing capacity throughout the plant. Erie County records show that the company paid $900,000 for the plant (now in the name of John and Adrienne O’Donnell, LLC) on April 4, 2011 with Key Bank holding a mortgage for $600,000. The company is currently producing a wide variety of cookies and crackers at the plant but is requesting a loan from the Revolving Loan Fund to provide partial funding for completion of a 700 foot production line. The total cost for the project, including equipment and leasehold improvements, is estimated at $300,000. BUDGETARY INFORMATION: This action will not impact the City operating budget. RLF funds are restricted in use and this loan is within the guidelines of the program. The company estimates that, when complete, the project will result in the hiring of 35 new full-time employees (20 in year 1, 10 in year 2 and 5 in year 3). The new hires will result in additional income taxes for the City. ACTION REQUESTED: It is requested that the City Commission authorize a $150,000 loan from the City’s Revolving Loan Fund (RLF) to Adrienne’s Gourmet Foods, Inc. It is further requested that this legislation be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter. The company wishes to proceed as quickly as possible with their expansion project. ________________________________ Carrie R. Handy, Chief Planner I concur with this recommendation: Donald C. Icsman, Acting City Manager

ORDINANCE NO. __________ AN ORDINANCE AUTHORIZING AND APPROVING AN ECONOMIC DEVELOPMENT LOAN IN THE AMOUNT OF $150,000.00 TO ADRIENNE'S GOURMET FOODS, INC. AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, Adrienne's Gourmet Foods, Inc, of Sandusky, Ohio, submitted an application to the City of Sandusky's Revolving Loan Fund Committee for partial funding to purchase new equipment for an expansion project; and WHEREAS, the company started in 1986 in Santa Barbara, California, baking Hawaiian style crackers and increased business by specializing in organic crackers and by 1990 expanded to begin contract baking for other brands providing house brand cookies and crackers for grocery stores; and WHEREAS, in early 2011, the company brought the building located at 1034 Hancock Street to begin operations and currently employs 68 full-time employees in Sandusky and is transferring some of its operations from California to the Sandusky facility; and WHEREAS, the RLF Committee met on November 21, 2011, and unanimously voted to recommend a seven (7) year loan for $150,000.00 at 3% interest to Adrienne's Gourmet Foods, Inc., with the City having a purchase money security interest in the equipment being purchased and a general security agreement filed with the Secretary of State; and WHEREAS, Adrienne's Gourmet Foods, Inc, will be purchasing equipment for an expansion project which will create 35 new jobs over the next three (3) years and will result in additional income taxes for the City; and WHEREAS, this loan will not impact the City’s operating budget, the loan is restricted in use and is within the RLF guidelines and shall be monitored on an annual basis by the Department of Planning; and WHEREAS, this legislation should be passed under suspension of the rules as an emergency measure in accordance with Section 14 of the City Charter in order to approve the loan to Adrienne's Gourmet Foods, Inc. and allow the company to proceed with their expansion project as soon as possible; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio finds that an emergency exists regarding the aforesaid, and that it is advisable that this Ordinance be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. The Finance Director is authorized and directed to deliver to

Adrienne's Gourmet Foods, Inc., a draft in the sum of One Hundred Fifty Thousand and

00/100 Dollars ($150,000.00) from the Revolving Loan Fund of the City of Sandusky

pursuant to and in accordance with the terms of the Promissory Note and Security

ORDINANCE NO __________

Agreement, with Adrienne's Gourmet Foods, Inc., of Sandusky, Ohio, as are approved

by the Law Director as being consistent with the requirements of this Ordinance.




holding shall not affect the validity of the remaining portions thereof;



taken in an open meeting of this City Commission and that all deliberations of this City's

Commission and any of its committees that resulted in those formal actions were in

meetings open to the public, in compliance with all legal requirements;







DATE: November 30, 2011 TO: Sandusky City Commission FROM: Carrie Handy, Chief Planner & Enterprise Zone Manager SUBJECT: Commission Agenda Item – Recommendations of the Sandusky Tax

Incentive Review Council ITEM FOR CONSIDERATION: The City of Sandusky’s Tax Incentive Review Council (TIRC) met on March 23, 2011 to review the City’s active tax abatement agreements, community reinvestment area abatements and tax increment financing projects. The report from Erie County Auditor Richard Jeffrey contains the recommendations approved by the TIRC. Mr. Jeffrey, by law, serves as the Chairman of each TIRC in Erie County. By law, the TIRC must make recommendations to the Sandusky City Commission who must consider the recommendations and pass appropriate legislation within sixty days of receiving the recommendations. The Commission may vote to accept, reject or modify all or any portion of the recommendations. BUDGETARY INFORMATION: This administrative action will not impact the City’s operating budget. ACTION REQUESTED: It is requested that the City Commission accept the TIRC’s recommendations and enact legislation concerning the recommendations under Section 14 of the City Charter. By law, the City Commission must act within sixty (60) days of receiving the TIRC’s recommendations. _________________________________ __________________________________ Carrie R. Handy Todd Roth Chief Planner/Enterprise Zone Manager Director of Planning, Engineering & Development I concur with this recommendation: ___________________________ Donald C. Icsman, Acting City Manager

RESOLUTION NO.__________ A RESOLUTION ACCEPTING AND APPROVING THE CITY OF SANDUSKY TAX INCENTIVE REVIEW COUNCIL’S (T.I.R.C.) RECOMMENDATIONS REGARDING CURRENT TAXATION AGREEMENTS; AND DECLARING THAT THIS RESOLUTION SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, the City of Sandusky’s Tax Incentive Review Council met on March 23, 2011, to review the City's tax increment financing agreements, enterprise zone agreements and community reinvestment area abatements and the Chairman of the T.I.R.C., the County Auditor, has submitted the T.I.R.C.'s recommendations to this City Commission on November 23, 2011, a copy of which is marked Exhibit "A" attached to this Resolution and specifically incorporated as if fully rewritten herein; and WHEREAS, pursuant to O.R.C. Section 5709.85(E), this City Commission is required to hold a meeting within sixty (60) days of receipt of the T.I.R.C.’s recommendations and vote to accept, reject, or modify all or any portion of the T.I.R.C.’s recommendations and to forward a copy of this Resolution together with the Commission's recommendations to the Erie County Auditor's Office; and WHEREAS, this Resolution should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter to ensure compliance with the statutory timeline in the O.R.C. Section 5709.85(E); and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of Municipal Departments of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio, finds that an emergency exists regarding the aforesaid, and that it is advisable that this Resolution be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT:

Section 1. This City Commission accepts and approves the City of Sandusky

Tax Incentive Review Council's recommendations as set forth in Exhibit "A" which is

attached to this Resolution and is specifically incorporated as if fully rewritten herein.

Section 2. The Clerk of the City Commission be and is hereby directed to certify a

copy of this Resolution together with any modifications, if any, to the Erie County Auditor.









RESOLUTION NO.__________


Section 5. That for the reasons set forth in the preamble hereto, this Resolution is





TO: Donald C. Icsman

Acting City Manager FROM: Carrie R. Handy, Chief Planner Department of Planning, Engineering and Development DATE: November 29, 2011 SUBJECT: Commission Agenda Item – U.S. Department of Housing and Urban

Development: FY2011 Community Development Block Grant (CDBG) – Erie-Huron Counties Community Action Commission, Inc. Sub-recipient Agreement.

ITEM FOR CONSIDERATION: Legislation for the approval of the CDBG Program Sub-recipient Agreement between the City of Sandusky and Erie-Huron Counties Community Action Commission, Inc. which will provide emergency home repairs and accessibility modifications to low- and moderate income single-family homeowners in Sandusky. The CDGB Funds shall be utilized only to assist Sandusky residents. BUDGETARY INFORMATION: The City of Sandusky will award Erie-Huron Counties Community Action Agency, Inc. $100,000 to provide emergency home repairs and accessibility modifications to low- and moderate income single-family homeowners in Sandusky under the rules and regulations of the Community Development Block Grant Program. The maximum assistance is $7,999.00 per household. Erie-Huron Counties Community Action Agency, Inc. is providing $28,510 from other local and government program funding sources. There is no impact to the City's General Fund. ACTION REQUESTED: It is requested that this legislation be passed in accordance with Section 14 of the City Charter in order to execute the Sub-recipient Agreement to allow the Erie-Huron Counties Community Action Agency, Inc. to begin assisting homeowners as expeditiously as possible and to expend the funds before the deadline of June 30, 2013. ___________________________ ___________________________ Carrie Handy Todd Roth, Director Chief Planner Planning, Engineering & Development I concur with this recommendation: _________________________________ Donald C. Icsman Acting City Manager

ORDINANCE NO. __________ AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A SUBRECIPIENT AGREEMENT WITH THE ERIE-HURON COUNTIES COMMUNITY ACTION COMMISSION, INC., SUBSTANTIALLY IN THE SAME FORM AS ATTACHED HERETO, AND TO EXPEND AN AMOUNT NOT TO EXCEED $100,000.00 FROM THE FY 2011 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, pursuant to Title I of the Housing and Community Development Acts of 1974 and 1977, as amended, the City has applied for and received a Community Development Block Grant (CDBG) for certain community development activities; and WHEREAS, under this Agreement, the City of Sandusky will award the Erie-Huron Counties Community Action Commission, Inc. $100,000.00 to provide emergency home repairs and accessibility modifications to low and moderate income single-family homeowners in Sandusky under the rules and regulations of the Community Development Block Grant; and WHEREAS, this Ordinance should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter in order to allow the Erie-Huron Counties Community Action Commission, Inc. to begin providing assistance to homeowners in Sandusky as soon as possible and to expend the funds before the deadline of June 30, 2013; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio finds that an emergency exists regarding the aforesaid, and that it is advisable that this Ordinance be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. This City Commission hereby approves and authorizes the execution of

the Subrecipient Agreement with the Erie-Huron Counties Community Action

Commission, Inc., a copy of which is marked Exhibit "A" and is attached to this

Ordinance, and is specifically incorporated as if fully rewritten herein, together with such

revisions or additions thereto as are approved by the Law Director as not being

substantially adverse to the City and as being consistent with the purpose thereof as set

forth in the preamble hereto, to provide emergency home repairs and accessibility

modifications to low and moderate income single-family homeowners in Sandusky and

authorizes the City Manager and/or Finance Director to expend funds in an amount not to

exceed One Hundred Thousand and 00/100 Dollars ($100,000.00) from the FY 2011

Community Development Block Grant Funds to the Erie-Huron Counties Community

Action Commission, Inc..


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City of Sandusky Department of Engineering, Planning and Development

Public Services Subrecipient Agreement

This agreement entered into as of __________________, 2011, by and between the City of Sandusky (hereinafter referred to as “City”), 222 Meigs Street, Sandusky, Ohio acting through its City Manager and upon the advice of its Department of Engineering, Planning and Development, and the Erie-Huron Counties Community Action Commission, Inc., (hereinafter referred to as “Subrecipient”), located at 908 Seavers Way, Sandusky, OH 44870. WITNESSETH THAT: WHEREAS, pursuant to Title I of the Housing and Community Development Acts of 1974 and 1977, as amended, the City has applied for and received a Community Development Block Grant (CDBG) for certain community development activities; and WHEREAS, included in said application, or provided for and referred to in subsequent attachments to said application, the Subrecipient is to provide emergency home repairs and/or accessibility modifications to qualified homeowners in Sandusky; WHEREAS, it is necessary that the City and the Subrecipient enter into an AGREEMENT for the implementation of said activity; NOW, THEREFORE, the parties do hereby agree as follows;

1. Responsibility for Grant Administration The City, acting through the Department of Development, is responsible for ensuring the administration of CDBG funds in accordance with all program requirements. The use of Subrecipients or Contractors does not relieve the City of its responsibility. The City is also responsible for determining the adequacy of performance under Subrecipient Agreements and procurement contracts and for taking appropriate action when performance problems arise.

2. Other Program Requirements This AGREEMENT shall require the Subrecipient to carry out each activity in compliance with all Federal laws and regulations as further described in ATTACHMENT II – Certifications and Other Regulations, which is attached hereto and made a part thereof, as if fully rewritten, except that:

a. The Subrecipient does not assume the City’s environmental responsibilities; and b. The Subrecipient does not assume the City’s responsibility for initiating the

governmental review process under Executive Order 12372. 3. Scope of Services

The Subrecipient hereby agrees to utilize funds made available under the CDBG Program for the purpose of implementing the aforementioned activity as described in ATTACHMENT I Statement of Work, which is attached hereto and made a part thereof as if fully rewritten. The Section 3 Act of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (as amended), requires that the Subrecipient certifies that the community development project provided for herein gives to the greatest extent feasible, priority to activities that benefit low-or moderate-income families or aids in the prevention or elimination of slums or blight.

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4. Time of Performance

This AGREEMENT shall take effect as of __________________, 2011 THROUGH AND INCLUDING June 30, 2013.

5. Compensation The City shall compensate the Subrecipient for all expenditures made in accordance with the aforementioned service activities (See Attachment I). Compensation shall be provided on a reimbursement basis during the term of the AGREEMENT not to exceed award amount of one-hundred thousand dollars and no cents ($100,000.00).

6. Ineligible Use of Funds

Funds are not authorized for food, beverages, entertainment and/or lobbying expenses.

7. Method of Payment Subject to receipt of funds from the United States Treasury, the City agrees to reimburse the Subrecipient for authorized expenditures for which original vouchers and other similar documentation to support payment expenses are submitted by the Subrecipient under those generally accepted accounting principles and procedures approved by Sandusky and outlined in OMB circulars A-110- and A-122. Documentation shall be submitted to the City each month by the fifteenth (15) day of the month. Final payment is based on the Closeout project Report due within forty-five (45) days of the AGREEMENT end date (See Attachment I).

8. Project Progress Reporting (a) During the term of this contract, the Subrecipient will submit a Project Progress Report to

the City for each month. The Subrecipient will submit the Project Progress Report to the City within 15 days of the close of each reporting period, except for the last one which is due 45 days of the AGREEMENT end date. For each period, the report will describe the status of the project with respect to each implementation task including, at a minimum, summary overview of the project status, the percentage of the project which has been completed, costs incurred, funds remaining, anticipated completion date and required CDBG supporting documentation (See Attachment 1). The report must also describe any significant problems encountered and/or any necessary modification of the project scope or implementation schedule.

(b) The City will not honor claims for payment until the required Project Progress

Report has been submitted to and approved by the City.

9. Program Income All income received from CDBG funded activities shall be considered program income and subject to the requirements set forth in OMB Circular A-110.

10. Reversion of Assets

Upon expiration of the AGREEMENT, the Subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any account receivable attributable to the use of CDBG funds. It shall also ensure that any real property under the Subrecipient’s control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 is either:

a. used to meet one of the three National Objectives of the CDBG Program until five (5) years after expiration of the AGREEMENT, or such longer period of time as determined appropriate by the City; or

b. is disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures on non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after five years.

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11. Subcontracting None of the services covered by this AGREEMENT shall be subcontracted without the prior written approval of the City.

12. Compliance with Regulations

The Subrecipient will comply with the applicable uniform administrative requirements as described in ATTACHMENT II – Certifications and Other Regulations, which are attached hereto and made a part hereof as if fully rewritten. In addition, Playing by the Rules: A Handbook for CDBG Subrecipients on Administrative Systems (www.Hud.gov) is a component of supplemental program compliance regulations and are made a part hereof as if fully rewritten.

13. Faith-Based Organization

Where applicable, faith-based organizations may not use CDBG funds to support inherently religious activities such as worship or religious instruction. All eligible program beneficiaries must be served without regard to religion.

14. Proof of Status The Subrecipient must submit upon signature of contract the following items: 1) Proof of 501(c)(3) status, 2) General Liability Insurance, 3) Directors and Officers Liability Insurance, 4) Current Form 990 or most recent audit, 5) annual budget and 6) DUNS number.

15. Liaison Carrie Handy, Chief Planner for the City of Sandusky, is the City's liaison with the Subrecipient regarding all administrative and technical matters concerning this Contract.

16. Indemnification

(a) The Subrecipient waives any and all claims and recourse against the City including the right of contribution, for loss or damage to persons or property arising from, growing out of, or in any way connected with or incidental to the Subrecipient's performance under this Contract.

(b) Further, the Subrecipient will indemnify, hold harmless, and defend the City against any

and all claims, demands, damages, costs, expenses, or liability arising out of the Subrecipient's performance of this Contract. In the event that the City is named as a codefendant in any action relating to activities to be performed by the Subrecipient under this Contract, the Subrecipient will notify the City of the action and will represent the City in the action unless the City undertakes to represent itself as a codefendant, in which case the City will bear its own litigation costs, expenses, and attorneys' fees.

17. Maintenance and Availability of Records

In connection with the AGREEMENT, the Subrecipient shall maintain all accounting and client records and documents, papers, maps, photographs, other documentary materials and any evidence pertaining to costs incurred for five (5) years. Subrecipients may follow their own practices as long as they provide for retention for five (5) years and access for audit and public examination. If any litigation, claim or audit is started, the records shall be retained beyond five (5) years. Such records shall be furnished and available for inspection by the Department of Housing and Urban Development (HUD), the Comptroller General of the United States, or any authorized representative, and the City. Such records shall be available at the Subrecipient’s office at all reasonable times during the contract period. If a claim, investigation or litigation is pending after what is assumed to be the final payment, that, in effect, cancels the final payment date. The retention period will not begin until final settlement of the claim, investigation or litigation, as referenced in OMB Circular A-110.

http://www.hud.gov/

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15. Contract Amendment

(a) Changes in the contract may be requested by either the City or the Subrecipient and shall be incorporated in written amendments to the AGREEMENT.

(b) However, the City will allow an amendment by the Subrecipient only if the Subrecipient clearly demonstrates that the modification is justified and will enhance the overall impact of the original project. The City will consider each request to determine whether the modification is substantial enough to necessitate reevaluating the AGREEMENT.

(c) If the City determines that the proposed amendment represents a budgetary item of 30%

or more and/or a change within the programmatic/service scope of the plan, the City will enact a public comment period of thirty (30) days and a public hearing convened at a location convenient and accessible to citizens for final approval.

16. Termination and Suspension

The City may terminate this AGREEMENT as follows:

a. Termination Due to Noncompliance with Agreement Terms. If the City determines that the Subrecipient has failed to comply with the general terms and conditions of this AGREEMENT, the project schedule, or any special conditions, and if upon notification of the defect the Subrecipient does not remedy the deficiency within a reasonable period to be specified in the notice, the City may terminate this Agreement in whole or in part at any time before the date of completion, or temporarily withholding cash payments pending correction of the deficiency; disallow all or part of the cost of the activity and/or action not in compliance; withhold further awards; and/or take other remedies that may be legally available.

b. The City will promptly notify the Subrecipient in writing of the decision to terminate, the reasons for the termination, and the effective date of the termination; or

c. Violates any provision of the Housing and Community Development Act of 1974 &

1977, as amended; or

d. Violates any applicable regulations or terms and conditions of approval of the applications which the Secretary of HUD has issued or shall subsequently issue during the period of the AGREEMENT; or

e. Termination and Modification Due to Loss of Funding. If, for any reason, the federal

financial resources required by the City to fund the Subrecipient’s project are withdrawn from the City, the City may unilaterally terminate or modify the terms of this Contract to reflect the loss of funding. If a termination or modification is required, the City will, to the extent permitted by available CDBG funds, compensate the Subrecipient for eligible work elements the Subrecipient has completed and for actual, necessary and eligible expenses incurred by the Subrecipient as of the revised termination date. The City will give the Subrecipient written notice of the effective date of the modification or termination of this AGREEMENT and, if a reduction in funding is required, will provide the Subrecipient with a modified project budget.

f. Effect of Termination. In the event of termination due to the Subrecipient’s failure to

comply with the terms of this AGREEMENT, any costs incurred will be the responsibility of the Subrecipient. However, at its discretion, the City may approve requests by the Subrecipient for reimbursement of expenses incurred. The City's decision to authorize payment of these costs or to recover expended CDBG funds will be based on a consideration of the Subrecipient’s extent to which the expenditure of those funds represented a good faith effort of the to comply with the terms of this

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AGREEMENT and on whether any failure to comply with the terms of this AGREEMENT was the result of circumstances beyond the Subrecipient’s control.

17. Audit

The Subrecipient is encouraged to comply with the audit requirements set forth in OMB Circular A-133. If the audit requirements of A-133 are not followed by the Subrecipient, the audit requirements of OMB Circular A-110 must be followed.

IN WITNESS WHEREOF, the City and the Subrecipient have executed this AGREEMENT as of the date first above written. City of Sandusky Subrecipient Donald Icsman Erie-Huron Counties Community Acting City Manager Action Commission, Inc. Date Date Donald Icsman, Law Director Date CITY FINANCE DIRECTOR'S CERTIFICATE I herby certify that the sum of $100,000.00 being the amount needed to meet the obligations of the foregoing agreement is in the City Treasury to the credit of an appropriate fund duly appropriated for such purpose and not otherwise encumbered or in the process of collection. ACCOUNT NUMBER: _________________ FUNDS AVAILABLE: $________________ Hank Solowiej, Finance Director Date

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ATTACHMENT I

STATEMENT OF WORK

SCOPE OF SERVICES PROGRAM BUDGET

CDBG SUPPORTING DOCUMENTATION CLOSEOUT PROCEDURES

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ATTACHMENT I STATEMENT OF WORK

SCOPE OF SERVICES

The Scope of Services provides the foundation for grantee monitoring of the Subrecipient performance in accomplishing planned objectives. The Erie-Huron Counties Community Action Agency, Inc. will provide at least 11 emergency home repairs and/or accessibility modifications qualified Sandusky homeowners who meet HUD income guidelines and the City of Sandusky’s program guidelines. The intended result is for homeowners to receive physical modifications to their homes to render them safer and/or more accessible. The scope of services outlined above and in the Erie-Huron Counties Community Action Agency, Inc. Proposal application has been approved.

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PROGRAM BUDGET

Description of Work CDBG Funds

Requested Other Funding

Sources In-Kind

Contributions Total Project

Costs Salaries, $7,375.00 $2,200.00 $9,575.00 Fringe Benefits $1,650.00 $700.00 $2,350.00 Office Supplies/ Equipment $900.00 $900.00

Advertising/Printing $550.00 $550.00 Travel $250.00 $250.00 Telephone/Utilities $1,080.00 $1,080.00 Utilities/Space Costs $2,420.00 $2,420.00 Consultant Services/ Planning Fees

Computer Office Furniture Client Service Fees $80,775.00 $25,610.00

HAGP $106,385.00

Other: Administrative $5,000.00 $5,000.00 Total Project Expenditures

$100,000.00 $28,510.00 $128,510.00

CDBG % of Total Budget: 78%

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CDBG SUPPORTING DOCUMENTATION FORMS CDBG supporting documentation must also be submitted with the Progress Project Reports and the Closeout Project Report in order for the Subrecipient to be reimbursed for authorized expenditures. The supporting documentation forms include, but are not limited to the following: Individual CDGB Public Services Clientele Forms (to be kept on file for five years at Subrecipient’s location) To Be Submitted: Accumulated Total of the CDGB Public Services Clientele Form Itemized List of Homeowner’s Name, Address, Summary/Description of Work Conducted Copies of Promotional Program Materials Copies of Advertising/Marketing Ads, if applicable

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ATTACHMENT I CLOSEOUT PROCEDURES

Closeout Procedures commence once the following have occurred: • All costs to be paid with CDBG funds have been incurred, with the exception of closeout costs (e.g., audit) or contingent liability costs.

• The work to be financed with CDBG has been completed, including activities financed through escrow accounts, loan guarantees, or similar mechanisms.

• The other responsibilities of the Subrecipient under its agreement with the grantee have been met, or the grantee feels that there is no further benefit in keeping the Agreement open for the purpose of securing performance. When the City has determined that these criteria have been met, or upon the expiration or termination of the Subrecipient Agreement, the City requires the Subrecipient to provide within 45 days the final versions of all financial, performance, and other reports that were a condition of the award. The City requires the Subrecipient to liquidate all obligations incurred under the CDBG award before the submission of the final financial status report. These reports may include but are not limited to:

• A final performance or progress report. • A financial status report (including all program income, if applicable). • A final request for payment. • A final inventory of property in the Subrecipient’s possession that was acquired or

improved with CDBG funds, if applicable. • The amount of any unused CDBG funds. • Other provisions appropriate to any special circumstances.

Continuing Subrecipient Responsibilities As specified in 24 CFR 84.72 and 85.51, the closeout of a CDBG award to a Subrecipient does not affect:

• The grantee’s right to disallow costs and/or recover funds on the basis of a later audit or other review.

• The Subrecipient’s obligation to return funds due to the grantee from subsequent

refunds, corrections, or other transactions. • The Subrecipient’s responsibilities for records retention. • The CDBG property management and disposition requirements. • Audit requirements.

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ATTACHMENT Il CERTIFICATIONS & OTHER REGULATIONS

CONFLICT OF INTEREST EQUAL OPPORTUNITY

DRUG-FREE WORKPLACE CERTIFICATION REGARDING LOBBYING

ASSURANCES – NON-CONSTRUCTION PROGRAMS

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ATTACHMENT II CERTIFICATIONS & OTHER REGULATIONS

CERTIFICATION

CONFLICT OF INTEREST

Please read the following Conflict of Interest Statements excerpted from the Code of Federal Regulations at 24 CFR 570.611 and indicate your acceptance on the proceeding signature page.

(a) Applicability.

(1) In the procurement of supplies, equipment, construction, and services by recipients and by subrecipients, the conflict of interest provisions in 24 CFR 85.36 and 24 CFR 84.42, respectively, shall apply. (2) In all cases not governed by 24 CFR 85.36 and 24 CFR 84.42, the provisions of this section shall apply. Such cases include the acquisition and disposition of real property and the provision of assistance by the recipient or by its subrecipients to individuals, businesses, and other private entities under eligible activities that authorize such assistance (e.g., rehabilitation, preservation, and other improvements of private properties or facilities pursuant to § 570.202; or grants, loans, and other assistance to businesses, individuals, and other private entities pursuant to §§ 570.203, 570.204, 570.455, or 570.703(i)).

(b) Conflicts prohibited. The general rule is that no persons described in paragraph (c) of this section

who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part, or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a CDBG-assisted activity, or with respect to the proceeds of the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter.

(c) Persons covered. The conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the recipient, or of any designated public agencies, or of subrecipients that are receiving funds under this part.

(d) Exceptions. Upon the written request of the recipient, HUD may grant an exception to the provisions

of paragraph (b) of this section on a case-by-case basis when it has satisfactorily met the threshold requirement of paragraph (d)(1) of this section, taking into account the cumulative effects of paragraph (d)(2) of this section. (1) Threshold requirements. HUD will consider an exception only after the recipient has provided the following documentation: (i) A disclosure of the nature of the conflict, accompanied by an assurance that there has been

public disclosure of the conflict and a description of how the public disclosure was made; and (ii) An opinion of the recipient's attorney that the interest for which the exception is sought would

not violate State or local law. (2) Factors to be considered for exceptions. In determining whether to grant a requested exception

after the recipient has satisfactorily met the requirements of paragraph (d)(1) of this section, HUD shall conclude that such an exception will serve to further the purposes of the Act and the effective and efficient administration of the recipient's program or project, taking into account the cumulative effect of the following factors, as applicable:

(i) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project that would otherwise not be available;

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(ii) Whether an opportunity was provided for open competitive bidding or negotiation; (iii) Whether the person affected is a member of a group or class of low- or moderate-income persons intended to be the beneficiaries of the assisted activity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class;

(iv) Whether the affected person has withdrawn from his or her functions or responsibilities, or

the decision making process with respect to the specific assisted activity in question; (v) Whether the interest or benefit was present before the affected person was in a position as

described in paragraph (b) of this section; (vi) Whether undue hardship will result either to the recipient or the person affected when

weighed against the public interest served by avoiding the prohibited conflict; and (vii) Any other relevant considerations.

I have read the attached Conflict of Interest Statements excerpted from the Code of Federal Regulations at 24 CFR 570.611, and I agree to abide by the principles embodied therein. _____________________ Erie-Huron Counties Community Date Action Commission, Inc.

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CERTIFICATION

EQUAL OPPORTUNITY

The provider agrees to comply with:

a. Title VI of the Civil Rights Act of 1964 that no person shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal Financial Assistance by way of grant, loan, or contract and will immediately take any measures necessary to effectuate this Agreement.

b. Section 109 of the Housing and Community Development Acts of 1974 and 1977, as

amended, and in conformance with all requirements imposed by or pursuant to the Regulations of the Department of HUD (24CFR Part 570.601) issued pursuant to that Section, and in accordance with Equal Opportunity obligations of that Section, no person shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds.

Erie-Huron Counties Community Date Action Commission, Inc.

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CERTIFICATION

DRUG-FREE WORKPLACE The applicant certifies it will provide a drug-free workplace by:

a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee’s workplace and specifying the actions that will be taken against employees for violation of such prohibition.

b. Establishing an on-going drug-free awareness program to inform employees about:

1. the dangers of drug abuse in the workplace; 2. the grantee’s policy of maintaining a drug-free workplace; 3. any available drug counseling, rehabilitation and employee assistance programs; and 4. the penalties that may be imposed upon employees for drug abuse violations

occurring in the workplace;

c. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph a;

d. Notifying the employee in the statement required by paragraph a., as a condition of

employment under the grant, the employee will;

1. abide by the terms of the statement; and 2. notify the employer of any criminal drug statute conviction for the violation occurring

in the workplace no later than five (5) days after such conviction;

e. Notifying HUD within ten (10) days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction.

f. Taking one of the following actions, within 30 days of receiving notice under subparagraph

(d)(2), with respect to any employee who is convicted;

1. taking appropriate personnel action against such an employee, up to and including termination; or

2. requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, State or local health, law enforcement or other appropriate agency;

g. Making a good faith effort to continue to maintain a drug-free workplace through

implementation of paragraphs (a) through (f) above.


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CERTIFICATION

LOBBYING Certification for Contracts, Grants, Loans and Cooperative Agreements: The undersigned certifies to the best of his knowledge and belief that:

1. No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a members of congress, an officer or employee of congress or an employee of a member of congress in connection with awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid or will be paid to any

person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress or an employee of a member of congress in connection with this federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the

award documents for all sub-awards at all tiers (including sub-contracts, sub-grants and contracts under grants, loans and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. Erie-Huron Counties Community Date Action Commission, Inc.

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ATTACHMENT II

CERTIFICATIONS & OTHER REGULATIONS

CERTIFICATION ASSURANCES-NON-CONSTRUCTION PROGRAMS

Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal-awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: (1) Has the legal authority to apply for Federal Assistance and the institutional, managerial and financial

capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of the project described in this application

(2) Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the

State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives.

(3) Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes

or presents the appearance of personal or organization conflict of interest, or personal gain. (4) Will initiate and complete the work within the time frame after receipt of approval of the awarding

agency. (5) Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. 48-4763) relating to

prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM’s Standards for Merit System of Personnel Administration (5 CFR 900 subpart F).

(6) Will comply with all Federal Statutes relating to nondiscrimination. These include but are not limited to:

(a) Title VI of the Civil Rights Act of 1964(PL 88-352) which prohibits discrimination on the basis of race, color or national origin: (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686), which prohibits discrimination on the basis of sex: c Section 504 of the Rehabilitation Act of 1973 as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicaps: (d) the Age Discrimination Act of 1975), as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age: (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relative to nondiscrimination on the basis of drug abuse: (f) the Comprehensive Alcohol Abuse and Alcoholism Preventing, Treatment and Rehabilitation Act of 1972 (P.L. 091-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism: (g) 523 and 527 of the Public Health Service Act of 1912 (42 U. S.C. 290 dd-3 and 290 ee-3) as amended, relating to confidentiality of alcohol and drug abuse patient records: (h) Title VII of the Civil Rights Act of 1968 (52 U.S.C. 3601 et seq.) as amended, relating to nondiscrimination in the sale, rental or financing of housing: (I) any other nondiscrimination provisions in the specific statures under which applications for Federal assistance is being made: (j) the requirements of any other nondiscrimination statues which may apply to the application.

(7) Will comply, or has already complied with the requirements of Titles II and III of the Uniform Relocation

Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for a fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired to projected purposes regardless of Federal participation in purchases.

(8) Will comply, as applicable with provisions of the Hatch Act (5 U.S.C. 1501-1508 and 7324-7328) which

limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

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(9) Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) the Copeland Act (40 U.S.C. 276c and 18 U.S.C. 374), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333). Regarding labor standards for federally assisted construction sub-agreements.

(10) Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood

Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition if $10,000 or more

(11) Will comply with environmental standards which may be prescribed pursuant to the following: (a)

institution of environmental quality control measures under the National Environmental Policy 11424: (b) notification of violating facilities pursuant to EO 11738: c protection of wetlands pursuant to EO 11990: (d) evaluation of flood hazards in flood plains in accordance with EO 11988: (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (15 U.S.C. 1451 et seq.): (f) conformity of Federal actions to State (Clear Air0 implementation Plans under Section 176c of the Clear Air Act of 1955, as amended (41 U.S.C. 7401 et seq.): (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523): and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205).

(12) Will comply with the Wild and Scenic Rivers Act of 1964 (16 U.S.C. 1271 et seq.) related to protecting

components or potential components of the nation wild and scenic rivers system.

(13) Will assist the awarding agency is assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) EQ 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).

(14) Will comply with P.L. 93-348 regarding the protection of human subjects involved in research,

development, and related activities supported by this award of assistance. (15) Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended and 7 U.S.C.

2131 et seq.), pertaining to the care, handling and treatment of warm blooded animals held for research, teaching or other activities supported by this award of assistance.

(16) Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) which

prohibits the use of lead based paint in construction or rehabilitation of residence structures. (17) Will cause to be performed the required financial and compliance audits in accordance with the Single

Audit Act of 1984 or OMB Circular No. A-133. Audits of Institutions of Higher Learning and other Non-profit institutions.

(18) Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and

policies governing this program.



Acting City Manager FROM: Carrie Handy Chief Planner DATE: November 29, 2011 SUBJECT: Commission Agenda Item – U.S. Department of Housing and Urban Development:

FY2011Community Development Block Grant – Erie County General Health District Subrecipient Agreement.

ITEM FOR CONSIDERATION:

Legislation for the approval of the City of Sandusky, Department of Development Public Services Subrecipient Agreement between the City of Sandusky and Erie County General Health District for the provision of 2-1-1 Information and Referral Services and Community Wellness Outreach Prevention programs to the residents of Sandusky. CDGB Funds shall be utilized to support the dissemination of community resource information and to educate and offer Sandusky residents preventative care/wellness information and activities.

BUDGETARY INFORMATION:

The City of Sandusky will award the Erie County General Health District a total of $35,000; - $10,000 to provide 2-1-1 Information and Referral Services and $25,000 to provide the Community Wellness Outreach Program. Erie County General Health District is providing match for the 2-1-1 Information and Referral Services program from other local funding sources of $18,500 and in-kind match of $8,000. The Community Wellness Outreach Program has an in-kind match of $7,951. There is no impact to the City's General Fund.

ACTION REQUESTED:

It is requested that the proper legislation be prepared to allow for the approval of the Agreement. It is further requested that this legislation be passed in accordance with Section 14 of the City Charter in order to execute the Subrecipient Agreement to allow the Erie County General Health District to implement the program and to expend the funds before the deadline of December 31, 2012.

____________________________ ___________________________ Carrie Handy Todd Roth, Director Chief Planner Planning, Engineering & Development I concur with this recommendation: _________________________________ Donald C. Icsman Acting City Manager

ORDINANCE NO. __________ AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A SUBRECIPIENT AGREEMENT WITH THE ERIE COUNTY GENERAL HEALTH DISTRICT, SUBSTANTIALLY IN THE SAME FORM AS ATTACHED HERETO, AND TO EXPEND AN AMOUNT NOT TO EXCEED $35,000.00 FROM THE FY 2011 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, pursuant to Title I of the Housing and Community Development Acts of 1974 and 1977, as amended, the City has applied for and received a Community Development Block Grant (CDBG) for certain community development activities; and WHEREAS, under this Agreement, the City of Sandusky will award the Erie County General Health District $10,000.00 for 2-1-1 Information and Referral Services and $25,000.00 for a Community Wellness Outreach Program, for a total of $35,000.00 and the funds will be utilized to assist callers by describing local agency services and programs that can fulfill basic needs and to provide wellness and illness prevention programs under the rules and regulations of the Community Development Block Grant; and WHEREAS, this Ordinance should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter in order to execute the Subrecipient Agreement as soon as possible and allow the Erie County General Health District to implement these programs and to expend the funds before the deadline of December 31, 2012; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio finds that an emergency exists regarding the aforesaid, and that it is advisable that this Ordinance be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. This City Commission hereby approves and authorizes the execution

of the Subrecipient Agreement with the Erie County General Health District, a copy of

which is marked Exhibit "A" and is attached to this Ordinance, and is specifically

incorporated as if fully rewritten herein, together with such revisions or additions thereto

as are approved by the Law Director as not being substantially adverse to the City and

as being consistent with the purpose thereof as set forth in the preamble hereto, to

provide 2-1-1 Information and Referral Services and a Community Wellness Outreach

Program in Sandusky and authorizes the City Manager and/or Finance Director to

expend funds in an amount not to exceed Thirty Five Thousand and 00/100 Dollars

($35,000.00) from the FY 2011 Community Development Block Grant Funds to the Erie

County General Health District.


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This agreement entered into as of __________________, 2011, by and between the City of Sandusky (hereinafter referred to “City”), 222 Meigs Street, Sandusky, Ohio acting through its City Manager and upon the advice of its Department of Planning, Engineering and Development, and the Erie County General Health District, (hereinafter referred to as “Subrecipient”), located at 420 Superior Street, Sandusky, Ohio 44870. WITNESSETH THAT: WHEREAS, pursuant to Title I of the Housing and Community Development Acts of 1974 and 1977, as amended, the City has applied for and received a Community Development Block Grant (CDBG) for certain community development activities; and WHEREAS, included in said application, or provided for and referred to in subsequent attachments to said application, the Subrecipient is to provide 2-1-1 Information and Referral Services and Community Wellness Outreach Prevention programs to the residents of Sandusky; WHEREAS, it is necessary that the City and the Subrecipient enter into an AGREEMENT for the implementation of said activity; NOW, THEREFORE, the parties do hereby agree as follows:

1. Responsibility for Grant Administration The City, acting through the Department of Planning, Engineering and Development, is responsible for ensuring the administration of CDBG funds in accordance with all program requirements. The use of Subrecipients or Contractors does not relieve the City of its responsibility. The City is also responsible for determining the adequacy of performance under Subrecipient Agreements and procurement contracts and for taking appropriate action when performance problems arise.





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This AGREEMENT shall take effect as of __________________, 2011 THROUGH AND INCLUDING December 31, 2012.

5. Compensation The City shall compensate the Subrecipient for all expenditures made in accordance with the aforementioned service activities (See Attachment I). Compensation shall be provided on a reimbursement basis during the term of the AGREEMENT not to exceed award amount of thirty-five thousand dollars and no cents ($35,000.00).













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16. Indemnification






http://www.hud.gov/

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(a) Changes in the contract may be requested by either the City or the Subrecipient and shall be incorporated in written amendments to the AGREEMENT.














comply with the terms of this AGREEMENT, any costs incurred will be the responsibility of the Subrecipient. However, at its discretion, the City may approve requests by the Subrecipient for reimbursement of expenses incurred. The City's decision to authorize payment of these costs or to recover expended CDBG funds will be based on a consideration of the Subrecipient’s extent to which the expenditure of those funds represented a good faith effort of the to comply with the terms of this

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AGREEMENT and on whether any failure to comply with the terms of this AGREEMENT was the result of circumstances beyond the Subrecipient’s control.

18. Anti-Terrorism Clause

The Grantee agrees that it will use the grant funds in compliance with all applicable anti-terrorist financing and asset control laws, regulations, rules and executive orders, including but not limited to, the USA Patriot Act of 2001 and Executive Order 13224.

19. Audit The Subrecipient is encouraged to comply with the audit requirements set forth in OMB Circular A-133. If the audit requirements of A-133 are not followed by the Subrecipient, the audit requirements of OMB Circular A-110 must be followed.

IN WITNESS WHEREOF, the City and the Subrecipient have executed this AGREEMENT as of the date first above written. City of Sandusky Subrecipient Donald Icsman Erie County General Health District Acting City Manager Date Date Donald Icsman, Law Director Date CITY FINANCE DIRECTOR'S CERTIFICATE I herby certify that the sum of $35,000.00, being the amount needed to meet the obligations of the foregoing agreement is in the City Treasury to the credit of an appropriate fund duly appropriated for such purpose and not otherwise encumbered or in the process of collection. ACCOUNT NUMBER: ___________________ FUNDS AVAILABLE: $___________________ Hank Solowiej, Finance Director Date

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ATTACHMENT I

STATEMENT OF WORK



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SCOPE OF SERVICES

The Scope of Services provides the foundation for grantee monitoring of the Subrecipient performance in accomplishing planned objectives. The Erie County General Health District will provide to 2-1-1 Information and Referral to Sandusky residents through telephone and web-access. The information referral specialists will assist the caller by describing local agency services and programs that can fulfill basic needs such as food, housing, transportation, physical and mental health care services, etc. 2-1-1 is a 24-hour, seven days a week operation. The goal is to maintain a simple, convenient, and cost-free telephone information and referral service to assist at least 160 local residents on a monthly basis find vital programs and services that can assist with personal needs. As a separate program, the Erie County General Health District will institute the Community Wellness Outreach Program. The program will provide wellness and illness prevention programs in targeted low to moderate income neighborhoods within the City of Sandusky, specifically the Kilbourne Plat and Southside Neighborhood. This program will be designed for all age levels and be formatted based on the results of the 2008 Community Health Assessment. Three main programs will be presented throughout the year through the Community Wellness Outreach Program: training workshops for an after-school program (CATCH Kids Club) for maintaining good health in K-5 children; an exercise and education program for residents of two senior housing apartment buildings; and a nutrition education program for local children. The goal is to reach 250 residents within the program year. The scope of services outlined above and in the Erie County General Health District Proposal applications have been approved.

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PROGRAM BUDGET

2-1-1 Information and Referral Services

Description of Work CDBG Funds Requested

Other Funding Sources

In-Kind Contributions

Total Project Costs

Salaries $1,000.00 $8,000.00 $9,000.00 Fringe Benefits Office Supplies/Equipment

Advertising/Printing $500.00 $500.00 Travel Consultant Services/Planning Fees

Computer Office Furniture Client Service Fees Other (Contract Fee) $8,500.00 $19,500.00 $28,000.00

Total Project Expenditures

$10,000.00 $19,500.00 $8,000.00 $37,500.00


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PROGRAM BUDGET Community Wellness Outreach Program




Total Project Costs

Salaries $17,995.00 $1,362.00 $19,357.00 Fringe Benefits $5,489.00 $5,489.00 Office Supplies/Equipment

$100.00 $100.00 $200.00

Advertising/Printing $80.00 $80.00 Travel $850.00 $850.00 Consultant Services/Planning Fees

Computer Office Furniture Client Service Fees Other (Program supplies, incentives and training)

$5,975.00 $1,000.00 $6,975.00


$25,000.00 $7,951.00 $32,951.00


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CDBG SUPPORTING DOCUMENTATION FORMS CDBG supporting documentation must also be submitted with the Progress Project Reports and the Closeout Project Report in order for the Subrecipient to be reimbursed for authorized expenditures. The supporting documentation forms include, but are not limited to the following: Individual CDGB Public Services Clientele Forms (to be kept on file for five years at Subrecipient’s location) To Be Submitted for 2-1-1 Program: Incoming Phone Call Reports – Detailing Number of Calls and Services Requested Documentation that all CDBG programs have been included in the 2-1-1 I & R system To Be Submitted for Community Wellness Outreach Program: Copies of Sign-In Sheets Copies of Agendas from trainings, meetings, etc. Copies of Promotional Materials Copies of Advertising/Marketing Ads Program Handbook

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CERTIFICATION



(a) Applicability.










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I have read the attached Conflict of Interest Statements excerpted from the Code of Federal Regulations at 24 CFR 570.611, and I agree to abide by the principles embodied therein. _____________________ Erie County General Health District Date

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CERTIFICATION

EQUAL OPPORTUNITY





Erie County General Health District Date

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CERTIFICATION



















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CERTIFICATION







This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. Erie County General Health District Date

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ATTACHMENT II

















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Development: FY2011 Community Development Block Grant (CDBG) – Center For Cultural Awareness Subrecipient Agreement.

ITEM FOR CONSIDERATION: Legislation for the approval of CDBG Program Subrecipient Agreement between the City of Sandusky and Center For Cultural Awareness to implement the Citizens Circle program. The program will assist ex-offenders by providing them the resources and mentoring they need to become a sustainable and productive member in Sandusky. The CDGB Funds shall be utilized only to assist ex-offenders who are residing or intend to reside in the City of Sandusky. The intent of this proposed project is to reduce the recidivism rate of amongst ex-offenders. BUDGETARY INFORMATION: The City of Sandusky will award the Center For Cultural Awareness $21,000 to implement the Citizens Circle Program. Funds will be used for administrative management and marketing of the program to assist ex-offenders to become acclimated back into society. The Center For Cultural Awareness is providing $4,718 of an in-kind match to support the program. There is no impact to the City's General Fund. ACTION REQUESTED: It is requested that the proper legislation be prepared to allow for the approval of the Agreement. It is further requested that this legislation be passed in accordance with Section 14 of the City Charter in order to execute the Subrecipient Agreement to allow the Center For Cultural Awareness to implement the program and to expend the funds before the deadline of June 30, 2012. ___________________________ ___________________________ Carrie Handy Todd Roth, Director Chief Planner Planning, Engineering & Development I concur with this recommendation: _________________________________ Donald C. Icsman Acting City Manager

ORDINANCE NO. __________ AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A SUBRECIPIENT AGREEMENT WITH THE CENTER FOR CULTURAL AWARENESS, SUBSTANTIALLY IN THE SAME FORM AS ATTACHED HERETO, AND TO EXPEND AN AMOUNT NOT TO EXCEED $21,000.00 FROM THE FY 2011 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, pursuant to Title I of the Housing and Community Development Acts of 1974 and 1977, as amended, the City has applied for and received a Community Development Block Grant (CDBG) for certain community development activities; and WHEREAS, under this Agreement, the City of Sandusky will award the Center for Cultural Awareness $21,000.00 to implement the Citizen Circle program to assist ex-offenders residing or intending to reside in the City of Sandusky by providing resources and mentoring needed to become sustainable and productive members in Sandusky and reduce the recidivism rate amongst ex-offenders under the rules and regulations of the Community Development Block Grant; and WHEREAS, this Ordinance should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter in order to execute the agreement and allow the Center for Cultural Awareness to implement the Citizen Circle program and to expend the funds before the deadline of June 30, 2012; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio finds that an emergency exists regarding the aforesaid, and that it is advisable that this Ordinance be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. This City Commission hereby approves and authorizes the execution of

the Subrecipient Agreement with the Center for Cultural Awareness, a copy of which is

marked Exhibit "A" and is attached to this Ordinance, and is specifically incorporated as if

fully rewritten herein, together with such revisions or additions thereto as are approved by

the Law Director as not being substantially adverse to the City and as being consistent

with the purpose thereof as set forth in the preamble hereto, to implement a Citizen Circle

program to assist ex-offenders residing or intending to reside in the City of Sandusky and


exceed Twenty One Thousand and 00/100 Dollars ($21,000.00) from the FY 2011

Community Development Block Grant Funds to the Center for Cultural Awareness.



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This agreement entered into as of __________________, 2011, by and between the City of Sandusky (hereinafter referred to “City”), 222 Meigs Street, Sandusky, Ohio acting through its City Manager and upon the advice of its Department of Engineering, Planning and Development, and the Center for Cultural Awareness, (hereinafter referred to as “Subrecipient”), located at 416 Columbus Avenue, Sandusky, Ohio 44870. WITNESSETH THAT: WHEREAS, pursuant to Title I of the Housing and Community Development Acts of 1974 and 1977, as amended, the City has applied for and received a Community Development Block Grant (CDBG) for certain community development activities; and WHEREAS, included in said application, or provided for and referred to in subsequent attachments to said application, the Subrecipient is to assist ex-offenders by providing them the resources and mentoring they need to become a sustainable and productive member in Sandusky; WHEREAS, it is necessary that the City and the Subrecipient enter into an AGREEMENT for the implementation of said activity; NOW, THEREFORE, the parties do hereby agree as follows;

1. Responsibility for Grant Administration The City, acting through the Department of Development, is responsible for ensuring the administration of CDBG funds in accordance with all program requirements. The use of Subrecipients or Contractors does not relieve the City of its responsibility. The City is also responsible for determining the adequacy of performance under Subrecipient Agreements and procurement contracts and for taking appropriate action when performance problems arise.




The Subrecipient hereby agrees to utilize funds made available under the CDBG Program for the purpose of implementing the aforementioned activity as described in ATTACHMENT I Statement of Work, which is attached hereto and made a part thereof as if fully rewritten. The Section 3 Act of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (as amended), requires that the Subrecipient certifies that the community development project provided for herein gives to the greatest extent feasible, priority

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to activities that benefit low-or moderate-income families or aids in the prevention or elimination of slums or blight.

4. Time of Performance This AGREEMENT shall take effect as of July 1 , 2011 THROUGH AND INCLUDING June 30, 2012.

5. Compensation The City shall compensate the Subrecipient for all expenditures made in accordance with the aforementioned service activities (See Attachment I). Compensation shall be provided on a reimbursement basis during the term of the AGREEMENT not to exceed award amount of twenty-one thousand dollars and no cents ($21,000.00).












b. is disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable

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to expenditures on non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after five years.

11. Subcontracting

None of the services covered by this AGREEMENT shall be subcontracted without the prior written approval of the City.







16. Indemnification





In connection with the AGREEMENT, the Subrecipient shall maintain all accounting and client records and documents, papers, maps, photographs, other documentary materials and any evidence pertaining to costs incurred for five (5) years. Subrecipients may follow their own practices as long as they provide for retention for five (5) years and access for audit and public examination. If any litigation, claim or audit is started, the records shall be retained beyond five (5) years. Such records shall be furnished and available for inspection by the Department of Housing and Urban Development (HUD), the Comptroller General of the United States, or any authorized representative, and the City. Such records shall be available at the Subrecipient’s office at all reasonable times during the contract period. If a claim, investigation or litigation is pending after what is assumed to be the final payment, that, in effect, cancels the final

http://www.hud.gov/

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payment date. The retention period will not begin until final settlement of the claim, investigation or litigation, as referenced in OMB Circular A-110.


(a) Changes in the contract may be requested by either the City or the Subrecipient and shall

be incorporated in written amendments to the AGREEMENT.














comply with the terms of this AGREEMENT, any costs incurred will be the responsibility of the Subrecipient. However, at its discretion, the City may approve requests by the Subrecipient for reimbursement of expenses incurred. The City's

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decision to authorize payment of these costs or to recover expended CDBG funds will be based on a consideration of the Subrecipient’s extent to which the expenditure of those funds represented a good faith effort of the to comply with the terms of this AGREEMENT and on whether any failure to comply with the terms of this AGREEMENT was the result of circumstances beyond the Subrecipient’s control.

17. Audit

The Subrecipient is encouraged to comply with the audit requirements set forth in OMB Circular A-133. If the audit requirements of A-133 are not followed by the Subrecipient, the audit requirements of OMB Circular A-110 must be followed.

IN WITNESS WHEREOF, the City and the Subrecipient have executed this AGREEMENT as of the date first above written. City of Sandusky Subrecipient Donald Icsman Center For Cultural Awareness Acting City Manager Date Date Donald Icsman, Law Director Date CITY FINANCE DIRECTOR'S CERTIFICATE I herby certify that the sum of $21,000.00, being the amount needed to meet the obligations of the foregoing agreement is in the City Treasury to the credit of an appropriate fund duly appropriated for such purpose and not otherwise encumbered or in the process of collection. ACCOUNT NUMBER: ___________________ FUNDS AVAILABLE: $___________________ Hank Solowiej, Finance Director Date

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ATTACHMENT I

STATEMENT OF WORK



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SCOPE OF SERVICES

The Scope of Services provides the foundation for grantee monitoring of the Subrecipient performance in accomplishing planned objectives. The Center for Cultural Awareness will implement a Citizen Circle program. It is a program that will assist at least 50 ex-offenders age 18 and older by providing them the resources and mentoring they need to become a sustainable and productive member in Sandusky. The CDGB Funds shall be utilized only to assist ex-offenders who are residing or intend to reside in the City of Sandusky. The intent of this proposed project is to reduce the recidivism rate of amongst ex-offenders. The scope of services outlined above and in the Center For Cultural Awareness Proposal application has been approved.

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PROGRAM BUDGET

Description of Work CDBG Funds

Requested



TOTAL PROJECT

COSTS Salaries $19,781.00 $3,700.00 $17,481.00 Fringe Benefits Office Supplies $473.00 $18.00 $491.00 Advertising/Printing $296.00 $296.00 Travel Equipment (e.g. computer, phone, etc.)

Consultant Services/Planning Fees

Computer $700.00 $700.00 Office Furniture $300.00 $300.00 Client Service Fees

Other $6,000.00

Administrative Fee $450.00 $450.00

Total Project Costs $21,000.00 $4,718.00 $25,718.00


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CDBG SUPPORTING DOCUMENTATION FORMS CDBG supporting documentation must also be submitted with the Progress Project Reports and the Closeout Project Report in order for the Subrecipient to be reimbursed for authorized expenditures. The supporting documentation forms include, but are not limited to the following: Individual CDGB Public Services Clientele Forms (to be kept on file for five years at Subrecipient’s location) To Be Submitted: Accumulated Total of the CDGB Public Services Clientele Form Copies of Sign-In Sheets Copies of Agendas for trainings, meetings, etc. Copies of Promotional Materials Copies of Advertising/Marketing Ads List of Volunteers Involved in Mentoring Program Handbook

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CERTIFICATION



(a) Applicability.










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I have read the attached Conflict of Interest Statements excerpted from the Code of Federal Regulations at 24 CFR 570.611, and I agree to abide by the principles embodied therein. _____________________ Center For Cultural Awareness Date

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CERTIFICATION

EQUAL OPPORTUNITY





Center For Cultural Awareness Date

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CERTIFICATION



















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CERTIFICATION







This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. Center For Cultural Awareness Date

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ATTACHMENT II















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(8) Will comply, as applicable with provisions of the Hatch Act (5 U.S.C. 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

(9) Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) the

Copeland Act (40 U.S.C. 276c and 18 U.S.C. 374), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333). Regarding labor standards for federally assisted construction sub-agreements.



















Development: FY2011 Community Development Block Grant (CDBG) – Volunteers of America Northwest Ohio Sub-recipient Agreement.

ITEM FOR CONSIDERATION: Legislation for the approval of the City of Sandusky, Department of Planning, Engineering and Development Subrecipient Agreement between the City of Sandusky and Volunteers of America Northwest Ohio to provide homeless prevention services including emergency rental, mortgage and utility assistance to low- and moderate income residents in Sandusky. The CDBG funds shall be utilized only to sustain current residents of the City of Sandusky. The intent of this proposed project is to prevent homelessness by assisting those of the Sandusky community to keep their current housing. BUDGETARY INFORMATION: The City of Sandusky will award Volunteers of America $65,000 to provide homeless prevention services including emergency rental, mortgage and utility assistance to low- and moderate income residents in Sandusky under the rules and regulations of the Community Development Block Grant. Emergency rental, mortgage and utility (gas, water and electric) assistance will be provided for maximum of three months. The maximum assistance is $3,000 per family. There is no impact to the City’s General Fund. ACTION REQUESTED: It is requested that the legislation be passed to allow for the approval of the Agreement. It is further requested that this legislation be passed in accordance with Section 14 of the City Charter in order to execute the Subrecipient Agreement as soon as possible to allow the Volunteers of America Northwest Ohio to expend the funds before the deadline of December 31, 2012 and to distribute funds to those families waiting to receive assistance. ___________________________ ___________________________ Carrie Handy Todd Roth, Director Chief Planner Planning, Engineering & Development I concur with this recommendation: _________________________________ Donald C. Icsman Acting City Manager

ORDINANCE NO. __________ AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO SUBRECIPIENT AGREEMENT WITH THE VOLUNTEERS OF AMERICA NORTHWEST OHIO, SUBSTANTIALLY IN THE SAME FORM AS ATTACHED HERETO, AND TO EXPEND AN AMOUNT NOT TO EXCEED $65,000.00 FROM THE FY 2011 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, pursuant to Title I of the Housing and Community Development Acts of 1974 and 1977, as amended, the City has applied for and received a Community Development Block Grant (CDBG) for certain community development activities; and WHEREAS, under this Agreement, the City of Sandusky will award the Volunteers of America Northwest Ohio $65,000.00 to provide homeless prevention services including emergency rental, mortgage and utility assistance to low and moderate income residents in Sandusky under the rules and regulations of the Community Development Block Grant; and WHEREAS, this Ordinance should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter in order to execute the agreement and allow the Volunteers of America Northwest Ohio to distribute funds to families waiting to receive assistance and to expend the funds before the deadline of December 31, 2012; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio finds that an emergency exists regarding the aforesaid, and that it is advisable that this Ordinance be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. This City Commission hereby approves and authorizes the execution of

the Subrecipient Agreement with the Volunteers of America Northwest Ohio, a copy of

which is marked Exhibit "A" and is attached to this Ordinance, and is specifically

incorporated as if fully rewritten herein, together with such revisions or additions thereto

as are approved by the Law Director as not being substantially adverse to the City and as

being consistent with the purpose thereof as set forth in the preamble hereto, to provide

homeless prevention services to low and moderate income residents in Sandusky and


exceed Sixty Five Thousand and 00/100 Dollars ($65,000.00) from the FY 2011

Community Development Block Grant Funds to the Volunteers of America Northwest

Ohio.



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This agreement entered into as of __________________, 2011, by and between the City of Sandusky (hereinafter referred to “City”), 222 Meigs Street, Sandusky, Ohio acting through its City Manager and upon the advice of its Department of Planning, Engineering and Development, and the Volunteers of America Northwest Ohio, (hereinafter referred to as “Subrecipient”), located at 1843 Superior Street, Sandusky, Ohio 44870. WITNESSETH THAT: WHEREAS, pursuant to Title I of the Housing and Community Development Acts of 1974 and 1977, as amended, the City has applied for and received a Community Development Block Grant (CDBG) for certain community development activities; and WHEREAS, included in said application, or provided for and referred to in subsequent attachments to said application, the Subrecipient is to provide Homeless Prevention Services including emergency rental, mortgage and utility assistance; WHEREAS, it is necessary that the City and the Subrecipient enter into an AGREEMENT for the implementation of said activity; NOW, THEREFORE, the parties do hereby agree as follows:

1. Responsibility for Grant Administration The City, acting through the Department of Planning, Engineering and Development, is responsible for ensuring the administration of CDBG funds in accordance with all program requirements. The use of Subrecipients or Contractors does not relieve the City of its responsibility. The City is also responsible for determining the adequacy of performance under Subrecipient Agreements and procurement contracts and for taking appropriate action when performance problems arise.





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This AGREEMENT shall take effect as of __________________, 2011 THROUGH AND INCLUDING December 31, 2012.

5. Compensation The City shall compensate the Subrecipient for all expenditures made in accordance with the aforementioned service activities (See Attachment I). Compensation shall be provided on a reimbursement basis during the term of the AGREEMENT not to exceed award amount of sixty-five thousand dollars and no cents ($65,000.00).













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16. Indemnification







http://www.hud.gov/

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(a) Changes in the contract may be requested by either the City or the Subrecipient and shall

be incorporated in written amendments to the AGREEMENT.














comply with the terms of this AGREEMENT, any costs incurred will be the responsibility of the Subrecipient. However, at its discretion, the City may approve requests by the Subrecipient for reimbursement of expenses incurred. The City's decision to authorize payment of these costs or to recover expended CDBG funds will be based on a consideration of the Subrecipient’s extent to which the expenditure of those funds represented a good faith effort of the to comply with the terms of this AGREEMENT and on whether any failure to comply with the terms of this AGREEMENT was the result of circumstances beyond the Subrecipient’s control.

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18. Anti-Terrorism Clause

The Grantee agrees that it will use the grant funds in compliance with all applicable anti-terrorist financing and asset control laws, regulations, rules and executive orders, including but not limited to, the USA Patriot Act of 2001 and Executive Order 13224.

19. Audit The Subrecipient is encouraged to comply with the audit requirements set forth in OMB Circular A-133. If the audit requirements of A-133 are not followed by the Subrecipient, the audit requirements of OMB Circular A-110 must be followed.

IN WITNESS WHEREOF, the City and the Subrecipient have executed this AGREEMENT as of the date first above written. City of Sandusky Subrecipient Donald Icsman Volunteers of America Northwest Ohio Acting City Manager Date Date Donald Icsman, Law Director Date CITY FINANCE DIRECTOR'S CERTIFICATE I herby certify that the sum of $65,000.00, being the amount needed to meet the obligations of the foregoing agreement is in the City Treasury to the credit of an appropriate fund duly appropriated for such purpose and not otherwise encumbered or in the process of collection. ACCOUNT NUMBER: ___________________ FUNDS AVAILABLE: $___________________ Hank Solowiej, Finance Director Date

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ATTACHMENT I

STATEMENT OF WORK



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SCOPE OF SERVICES

The Scope of Services provides the foundation for grantee monitoring of the Subrecipient performance in accomplishing planned objectives. Volunteers of America Northwest Ohio is to provide Homeless Prevention Services assisting participants in achieving needed residential stability and will provide mortgage, rental assistance, utility assistance and supportive services direction related to the prevention of homelessness to eligible individuals and families who are in danger of eviction, foreclosure or homelessness. The program is designed to stabilize individuals and families in their existing homes. The household must document a temporary economic crisis beyond its control and must be able to demonstrate an ability to meet the prospective rental/utility obligations after the assistance has been granted based on current or anticipated income. By working together through this grant thirty to fifty-five families will maintain permanent housing by receiving assistance from this program. Proposed project activities:

• Assistance to families and individuals to prevent eviction or foreclosure • Short term (max 3 month, plus arrearages) rental assistance to prevent eviction • Mortgage payments (max 3 month, plus arrearages) • Utility payments (max 3 month, plus arrearages) • Maximum assistance of $3,000 per family • Must show sustainability for assistance

o Must have documentable income to receive assistance o Sustainability candidates must prove ability to meet housing costs

This will ensure candidate can afford housing after 3 months maximum assistance is exhausted

Supportive services to prevent homelessness include: • Money management, outreach, follow-up and housing

inspections as needed

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PROGRAM BUDGET




Total Project Costs

Salaries, Wages & Benefits

$6,525.00 $6,525.00

Office Supplies/ Equipment

Printing $45.00 $45.00 Utilities $275.00 $275.00 Postage $123.00 $123.00 Advertising $135.00 $135.00 Training and Travel Consultant Services/ Planning

$372.00 $372.00

Other Operating Expenses

Computer Office Furniture Other Capital Expenses Client Services

Rent deposits and assistance $24,000.00 $24,000.00 Mortgage $14,000.00 $14,000.00

Utility payments $19,525.00 $19,525.00


$65,000.00 $65,000.00


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CDBG SUPPORTING DOCUMENTATION FORMS CDBG supporting documentation must also be submitted with the Progress Project Reports and the Closeout Project Report in order for the Subrecipient to be reimbursed for authorized expenditures. The supporting documentation forms include, but are not limited to the following: Individual CDGB Public Services Clientele Forms (to be kept on file for five years at Subrecipient’s location) To Be Submitted: Accumulated Total of the CDGB Public Services Clientele Form Copies of Sign-In Sheets Copies of Agendas for trainings, meetings, etc. Copies of Promotional Materials Copies of Advertising/Marketing Ads

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CERTIFICATION



(a) Applicability.










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I have read the attached Conflict of Interest Statements excerpted from the Code of Federal Regulations at 24 CFR 570.611, and I agree to abide by the principles embodied therein. _____________________ Volunteers of America Northwest Ohio Date

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CERTIFICATION

EQUAL OPPORTUNITY





Volunteers of America Northwest Ohio Date

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CERTIFICATION



















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CERTIFICATION







This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. Volunteers of America Northwest Ohio Date

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ATTACHMENT II

















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CITY OF SANDUSKY COMMISSIONERS REGULAR SESSION AGENDA ... · PDF fileCITY OF SANDUSKY...

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