City Council

City of Middleburg Heights, Ohio Council Agenda October 12, 2021 7:00 P.M. REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Minutes of the Regular Meeting of September 28, 2021 COMMUNICATIONS AUDIENCE PARTICIPATION APPOINTMENTS AND CONFIRMATIONS ORDINANCES.RESOLUTIONS AND MOTIONS 1. City Parks, Recreation & Services Committee - Mr. Ali, Chairman 2. Finance, Taxation & Assessments Committee - Mr. Bortolotto, Chairman 3. Legislation & Rules Committee - Mr. Ference, Chairman 4. Public Health, Safety & Relief Committee - Mr. McGregor, Chairman 5. Public Improvements Committee - Mr. Sage, Chairman 6. Streets, Utilities & Railroad Committee - Mr. Meany, Chairman 7. Zoning & Building Code Committee - Mr. Grech, Chairman MAYOR’S REPORT 1. Law Director 2. Finance Director 3. Recreation Director 4. Economic Development Director 5. Service Director 6. Executive Assistant ADJOURNMENT  City of Middleburg Heights, Ohio Council Agenda OCTOBER 12, 2021 PAGE 2 2021 PENDING LEGISLATION RESOLUTION NO.2021-69 - INTRODUCED BY COUNCILMAN GRECH A Resolution rezoning permanent parcel number 371-17-016 from its present zoning classification MS (Motorist Service District) to GB (General Business District) use district classification.(Dakdouk Rezoning, 17791 Sheldon Road) (First reading and referred to Planning Commission 9/28/21) UN-NUMBERED LEGISLATION INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO An Ordinance to make supplemental appropriations for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2021 and declaring an emergency. INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO A Resolution authorizing the mayor and finance director to enter into a contract with Travelers Insurance Company and The Fedeli Group for the city’s insurance coverages, and declaring an emergency. INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO A Resolution authorizing the mayor and finance director to renew the contract with the Cuyahoga County General Health District for public health services. INTRODUCED BY COUNCILMAN MEANY An Ordinance to make supplemental appropriations for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2021 and declaring an emergency. INTRODUCED BY MAYOR CASTELLI A Resolution authorizing the mayor to sign a First Amendment to Agreement for Public Safety Dispatch Services between the City of Strongsville, OH and the City of Middleburg Heights, OH.  City of Middleburg Heights, Ohio Council Agenda OCTOBER 12, 2021 PAGES ZONING & BUILDING CODE COMMITTEE - Mr. Grech. Chaiiman 9-24-19 Discussion regarding ordinance regulating fences 8-10-21 Rezoning application received from Camille Dakdouk to rezone property located at 17791 Sheldon Road FINANCE. TAXATION & ASSESSMENTS COMMITTEE - Mr. Bortolotto, Chairman CITY PARKS. RECREATION & SERVICES COMMITTEE - Mr. Ali. Chairman 2-13-18 Dog Park 11-13-18 Ordinance No. 2018-92, Dedicated space for seniors in community center 2-26-19 Proposed Charter Amendments - mayor term limits/firing of directors LEGISLATION cS: RULES COMMITTEE - Mr. Ference. Chairman 2-26-13 Vote Abstention Rule 9-10-19 Term Limits PUBLIC HEALTH. SAFETY & RELIEF COMMITTEE - Mr. McGregor. Chaimian 9-22-20 Hotel/Motel Security Legislation PUBLIC IMPROVEMENTS COMMITTEE - Mr. Dan Sage. Chairman 6-26-12 Police Department Expansion Project or new facility STREETS. UTILITIES & RAILROAD COMMITTEE - Mr. Meanv. Chairman 1-22-19 Letter from Diane Bickett, Executive Director, dated January 7, 2019 regarding ratification of the Cuyahoga County Solid Waste Management Plan update AD-HOC COMMITTEE 12-22-09 Preservation of the Little Red School House  : i^EUVERED on 0 7 City of Middleburg Heights, Ohio Ordinance No. 2021- Introduced by: Mr. Bortolotto, Mr. Meany,and Mr. Grech AN ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR CURRENT EXPENDITURES AND EXPENSES FOR THE CITY OF MIDDLEBURG HEIGHTS FOR THE CALENDAR YEAR 2021 AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, CUYAHOGA COUNTY,STATE OF OHIO: Section 1. That in order to provide for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2021, the following sums be appropriated from the General Fund: Increase Description (Decrease) Gen. Govt. - Other - Additional Donation to Middleburg Heights Food Pantry $ 500.00 Gen. Govt. - Other - Additional Donation to SCAN Hunger Center $ 500.00 Total Increase to the General Fund $ 1,000.00 Section 2. That in order to provide for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2021, the following sums be appropriated from the PACE Spec. Assessment Fund; Increase Description (Decrease) Econ. Dev. - Other - SA Fees (properly account for fees collected by County) $ 3,153.72 Total Increase to the PACE Spec. Assessment Fund $ 3,153.72 Section 3. That in order to provide for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2021, the following sums be appropriated from the Bond Retirement Fund: Increase Description (Decrease) Debt Service - Prof Srvcs.(account for note issuance fees netted from proceeds) $ 35,800.00 Total Increase to the Bond Retirement Fund $ 35,800.00 Section 4. That in order to provide for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2021, the following sums be appropriated from the Capital Improvements Fund: Increase Description (Decrease) Capital - WRLC Baldwin Preserve (account for OPWC payments on City's behalf) $ 244,564.05 Total Increase to the Capital Improvements Fund $ 244,564.05 Section 5. That in order to provide for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2021, the following sums be appropriated from the Fat Head's Brewing TIF Fund: Increase Description (Decrease) Econ. Dev. - Other - TIF Service Payments $ 13,735.68 Total Increase to the Fat Head's Brewing TIT Fund $ 13,735.68 Section 4. That it is hereby found and determined that all formal actions of this council concerning and relating to the passage of this ordinance were adopted in an open meeting of this council, and that all deliberations of this council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements including chapter 107 of the Codified Ordinances and section 121.22 of Ohio Revised Code. Section 5. That this ordinance is hereby declared to be an emergency measure, immediately necessary for the preservation of the public peace, health and safety of the citizens of the City of Middleburg Heights, Ohio. Such emergency being the necessity of supplementing appropriations from the above listed funds and accounts in order to allow the City to pay outstanding obligations of the City for the year 2021. Therefore, this ordinance shall take effect and be in force immediately upon its passage and approval by the Mayor. PASSED PRESIDENT OF COUNCIL ATTEST: CLERK OF COUNCIL PRESENTED TO MAYOR APPROVED ON: YEAS NAYS BORTOLOTTO ALI MAYOR SAGE MEANY MCGREGOR FERENCE GRECH  ^.DELIVERED OCT 0 / 2021 City of Middleburg Heights, Ohio LiabInsRes202l Resolution Number 2021- Introduced By: Mr. Bortolotto, Mr. Meany and Mr. Grech A RESOLUTION AUTHORIZING THE MAYOR AND FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH TRAVELERS INSURANCE COMPANY AND THE FEDELI GROUP FOR THE CITY’S INSURANCE COVERAGES, AND DECLARING AN EMERGENCY WHEREAS, Sealed Bids were received and opened by the Director of Finance of the City of Middleburg Heights, Ohio on September 25, 2020 at 11;00 A.M., for the purchase of various insurance coverages for the City of Middleburg Heights for the period beginning October 30, 2020 through October 30, 2021, in accordance with specifications on file with the Clerk of Council and; WHEREAS, It is the recommendation of the City’s Risk Manager that it is in the City’s best interest to renew all of the existing insurance coverage’s with Travelers Insurance Company through The Fedeli Group for the period October 30, 2021 through October 30, 2022. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, CUYAHOGA COUNTY,STATE OF OHIO; Section 1. That the City’s existing insurance coverage’s with Travelers Insurance Company through The Fedeli Group be renewed for the period October 30, 2021 through October 30, 2022 for the following coverages in the amount of $343,694 is hereby accepted: Property package. Boiler and Machinery, Automotive and Comprehensive General Liability Insurance, Public Officials, Comprehensive Law Enforcement Liability Insurance, EMS Liability, Crime, Earth Movement & Flood Coverage, Terrorism Property Coverage, Employees Legal Liability, Employment Practice Liability, Inland Marine, and Blanket, Catastrophic Excess Liability through Travelers Insurance Company: Section 3. It is found and determined that all formal actions of this council concerning and relating to the passage of this ordinance were adopted in an open meeting of this council and that all deliberations of this council and any of its committees that resulted in such formal actions were in meetings open to the public in compliance with all legal requirements, including Section 121.22 of Ohio Revised Code.  Section 4. That this ordinance is declared to be a measure for the preservation of the public peace, health, and safety of the citizens of the City of Middleburg Heights, Ohio, the immediate emergency being the necessity of the continuation of insurance beyond October 30, 2021, therefore, this ordinance shall be in full force and effect immediately upon its passage and signature of the Mayor. PASSED PRESIDENT OF COUNCIL ATTEST PRESENTED TO MAYOR APPROVED ON YEAS NAYS BORTOLOTTO ALI MAYOR SAGE MEANY MCGREGOR FERENCE GRECH  Compensafon Analysis, Inc. P.O. Box 31014 Cfeveland, OH 44131 (216)7803605 (216)642-8830 Fax October 3, 2021 Jason Stewart Finance Director City of Middleburg Heights 15700 Bagley Road Middleburg Heights, OH 44130 Via: Electronic Mail Re: Recommendations for 2021-2022 City Insurance Program Dear Jason; This letter is a follow-up to our recent conversations regarding the City’s upcoming insurance renewal. We have been in contact with our agent the Fedeli Group and they in turn have been working with the Travelers Insurance Company on renewal issues. Our negotiations with the Travelers and the Fedeli Group have resulted in the Travelers quoting a net premium increase of 4.0% (see attached Exhibit 1) Last year’s premium was $329,869 and the premium quote for the upcoming policy year is $343,694. The actual rate decreased by 1.1% with the increase being the result of insurable exposure increases. These high premiums are the result of the historic high-end losses we had within the last five years. These losses are working their way out of our rate calculations and I believe next year we will see premium relief. I am recommending that the City accept this renewal pricing. I believe it to be in the best interest of the City to continue the stability of the current relationship with the Travelers Insurance Company. Given all the issues involved in the insurance program I would recommend that the City accept a renewal with the Travelers and the Fedeli Group. Let me know if you have any questions. Very truly yours. 1 DanimV rien President i t t * Public Entity Insurance Consulting Services Risk Management % 1 J Workers’Compensation Unemployment Compensation I  THE FEDELI GROUP CITY OF MIDDLEBURG HTS. 2021/22 PREMIUM COMPARISON 2020/21 2021/22 Flat Rate %of Coverage Rating Basis Exposure Rate Premium Exposure Rate Premium Renewal Change Property TIV^ $ 62,220,402 $_ 0.089 $55,590 $ 67,096,895 $ 0.088 $58,898 $59,94^ -1.7% Crime # of Locs 7 '$508 7 77.57 $508 _ $508 0.0% i lnland Marine TIV $ 2,834,120 $" b’614'1 $17,400 $ 2,719,832 $ 0.614" $16,700 $16,698 0.0% Equipment-Replacement Cost |tiV $ 1,331,000 $ 0.400 $5,324 $ 1,331,000 $ 0.428 $5,697 $5,324 7.0% General Liability Revenue $ 33,594,134 $ 0.870 $29,225 $ 33,400,918 $ 0.808 $26,992 $29,057 ■7.1% Employee Benefits Liability No.'of EE's 367 .$ $381 359 $ 1.061 $381 $373 2.2% Ohio Stop Gap Ohio_Payroj| $ 14,000,000 $'" "oTbiy $2,386 $ 12,727,196 $ "0.016 $2,045 $2;i^ ■5J% Law Enforcement Liability No. of Officers 28 $ 1,446 $40,495" 34 $ 1,553 $52,815 $49,173 7.4% Management Liability Revenue $ 33,594,134 $ 1.103 $37y03"9" $ 33,400,918 $ 1.019 $34,024 $36l26 ■7.6% Employment Practices Liability No. of EE's 367 $ 133.84 $49,118 359 $ 133.65 $47,981 $48,047 ■0.1% Auto Liability No. of Units 85 $ 273.01 87 $ 268.98 $23,401 ^3^06 $23,7J2 -1.5% Auto Physical Damage Cost New $ 5,645,904 $ 0.416 $23,485 $ 6,932,004 $ 0.343 $23,773 $28'l35 17.6% Umbrella U/L Premium $181,850 $ 0.206 $37,487 $187,639 $ 0.220 $41,369 $38,680 7.0% Cyber Liability Revenue $ 33,594,134 $ 0.245 $8,225 $ 33,400,918 $ 0.273 $9.110 $8.178 11.4% PROGRAM TOTAL $329,869 p47^566 ^ -1.1% Overall Premium +4% Overall Rate -1.1% *Property TIV includes blanket building, business personal property, busines income and traffic inventory **lnland Marine TIV includes Contractors Equipment and Scheduled Property Date Prepared: 10/01/2021 Page 1 of 1  delivered OCT 0 7 ?0?J CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2021- Introduced By: Mr. Bortolotto Co-Sponsors: Mr. Meany, Mr. Grech A RESOLUTION AUTHORIZING THE MAYOR AND FINANCE DIRECTOR TO RENEW THE CONTRACT WITH THE CUYAHOGA COUNTY GENERAL HEALTH DISTRICT FOR PUBLIC HEALTH SERVICES WHEREAS, Chapter 3709 of the Ohio Revised Code stipulates that each city in the State of Ohio must provide health services either through a city health district or by a valid contract with the county health district; and WHEREAS, the City has continued to have a valid contract with the Cuyahoga County General Health District as required by Ohio law; and WHEREAS, the City’s contract with the Cuyahoga County General Health District for Public Health Services will expire on December 31, 2021. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That the Mayor and Finance Director are hereby authorized to enter into a contract with the Cuyahoga County General Health District for providing public health services from January 1, 2022, through December 31, 2023, in the amount of $96,024.00 for calendar year 2022 and $105,626.00 for calendar year 2023, a copy of which is attached hereto and marked “Exhibit A”. Section 2; It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Passed: President of Council Presented to Mayor: Mayor Attest: Approved On: Clerk of Council Yea Nay Bortolotto Ali Sage Meany McGregor Ference Grech  PUBLIC HEALTH SERVICES AGREEMENT (City with a General Health District - Authority-Sec. 3709.08 O.R.C.) This Agreement is entered into on the 1*‘ day of January, 2022 (“Effective Date”) by and between the Cuyahoga County Board of Health (the "Board"), a separate political subdivision ofthe State ofOhio organized under the Constitution and Laws ofthe State of Ohio,and the City of Middleburg Heights,a political subdivision, with its principal office located at 15700 E. Bagley Road, Middleburg Heights, Ohio 44130 (the “City”), for and in consideration of the promises, covenants, and conditions hereinafter set forth. WHEREAS, Cuyahoga County General Health District is a general health district as defined under Ohio Revised Code(ORC)Section 3709.01 and is endowed with all ofthe statutory and other authority granted to it by reason ofthe Ohio Statutes as amended from time to time by the State Legislature; and WHEREAS,the City has continued to have a city public health district as required by Ohio law; and WHEREAS,pursuant to ORC Section 3709.01, each city in the State constitutes a health district and each county is a "general health district," and as provided for in ORC Sections 3709.051, 3709.07, and 3709.10, there may be a union of a general health district and a city health district; and WHEREAS, ORC Section 3709.08 authorizes cities and villages in Cuyahoga County to enter into an Agreement with the Cuyahoga County General Health District on certain terms and conditions; and WHEREAS,the District Advisory Council of the Cuyahoga County General Health District, created by ORC 3709.03, after giving due notice by publication as required by law, held a public meeting on March 9, 2021 at which by a majority vote of members representing the townships and villages of said county, did vote affirmatively on the question of providing public health services to the cities in Cuyahoga County, and did authorize the Chairman of the District Advisory Council to enter into an Agreement with the Mayor of the City for providing public health services therein; and WHEREAS,the Board is engaged in the governance of providing public health services as described in this Agreement, has the knowledge, skill, and resources to provide such services, and desires to perform such services for or on behalf of the Board for City; and WHEREAS, the City is willing to enter into an Agreement with the Board to provide such services in accordance with the terms and conditions of Ohio law and this Agreement. NOW,THEREFORE, it is mutually agreed by and between the parties hereto as follows: 1. EFFECTIVE DATE,TERM AND TERMINATION. (a) Effective Date, Term. This Agreement shall commence on the Effective Date first stated above and shall continue through December 31, 2023, unless earlier terminated pursuant to Section 1(b). (b) Termination. This Agreement may be terminated upon the occurrence of one of the following events: (i) Failure for any reason of the either party to fulfill its obligations under this Agreement, after written notice is provided by the non-breaching party of such failure providing at least ninety (90) days for the breaching party to correct any such failure, and if such failure is not corrected within said period, the non-breaching party may give written notice of immediate termination; Page 1 of 7  (ii) Upon nine (9) months written notice, or on or before April 1 of the year prior to termination by either party for any reason. 2. THE SERVICES. (a) Scope of Services. Subject to the terms and conditions contained in this Agreement and its exhibits, the Board will provide to the City and, as applicable, to all persons receiving the direct services provided for herein, the Services that are set forth and described in the Scope of Work(SOW)attached as Exhibit A, which Exhibit is incorporated herein. (b) Unless otherwise agreed by the Parties in writing, all transactions for Services through Board will be provided in accordance with the provisions of Ohio law and/or this Agreement, including any revisions of the same, as both Parties may from time to time execute to document the addition, revision, or enhancement of Services. (c) Standard of Performance of Services. The Board will devote such time and will use its best efforts as necessary to perform the Services in a professional manner that: (i) is consistent with the standards of its industry and in a good and workmanlike maimer, and (ii) utilizes the care, skill, and diligence normally applied by other similar boards of health in the performance of services similar to the Services. (d) The City shall provide suitable space for the Board employees who make regular visits to the City on a daily or weekly basis. 3. PAYMENT. (a) Compensation. Compensation is based on the ten(10) year census population estimate for the City and a per capita rate established by the Board. The per capita rate is the same rate applied to all Villages, Townships in the general health district as well as for all cities that enter into a Public Health Services Agreement with the Board. The most recent ten (10) year census for population in the City dated September, 2021 is 16,004 residents. The current per capita rate established by the Board is $6.00 per capita for calendar year 2022 and $6.60 per capita for calendar year 2023. The total amount due based on the per capita rate will be Ninety Six Thousand Twenty Four Dollars and No Cents ($96,024.00) for calendar year 2022 and be One Hundred Five Thousand Six Hundred Twenty Six Dollars and No Cents ($105,626.00) for calendar year 2023. The Board reserves the right to change its per capita rate, as considered on an annual basis, based on current economic conditions and public health needs. In the event that the Board votes to make a change in the per capita rate, said change shall be limited to annual rates effective on January 1 for the following calendar year. The Board shall provide notice of the change in the per capita rate for the coming calendar year on or before October 31st of the current calendar year. (b) In consideration for the health services described in Exhibit A, which will be provided by the Board to and within the City, the City shall pay to the Board the total annual sum of Ninety Six Thousand Twenty Four Dollars and No Cents($96,024.00)for calendar year 2022 and the total annual sum of One Hundred Five Thousand Six Hundred Twenty Six Dollars and No Cents($105,626.00)for calendar year 2023. The City hereby directs the Fiscal Officer of Cuyahoga County to place to the credit of the Board and the Fiscal Office of Cuyahoga County is hereby authorized and directed to deduct the sum stated above in equal,semi-annual installments ofForty Eight Thousand Twelve Dollars and No Cents($48,012.00)from the regular property tax settlement to be made for said City for calendar year 2022 and Fifty Two Thousand Eight Hundred Thirteen Dollars and No Cents ($52,813.00) from the regular property tax settlement to be made for said City for calendar year 2023. Page 2 of 7 4. RECORDS. (a) The Board shall maintain copies of all records created or received by the Board in the performance of the work under this Agreement as required by Ohio’s public records law. Any records created or received as a part of this Agreement shall be made available to the City upon request subject to exceptions listed below. (b) Any non-private health information in confidential records or mformation in the records created by the Board or that come into the possession of the Board under this Agreement shall, if provided to the City, be kept confidential by the City. (c) The Board is prohibited by State and Federal law from sharing protected health information and said records will not be shared with the City unless there is compliance with the proper method for release of said information. 5. REPORTS. The Board shall provide semi-annual written reports to the City regarding the work conducted and services provided on behalfofthe City under this Agreement. Such Reports shall be in a form as is provided to all political subdivisions for which the Board provides Agreement services. 6. NO ASSIGNMENT,TRANSFER,OR SUBAGREEMENT. In performing the services specified under the terms of this Agreement, the Board shall not assign, transfer, or delegate any ofthe work or services, nor subcontract the work out to any other entity, nor shall any subcontractor commence performance ofany part ofthe work or services included in this Agreement, unless such subcontracting is specified in this Agreement or its Exhibits, or unless prior written consent is provided by the City. 7. INDEPENDENT AGREEMENTOR. (a) The Board hereby acknowledges that it is an independent contractor and neither it nor its employees or agents are employees of the City. The Board shall be responsible for the payment or withholding of any federal, state or local taxes, including, but not limited to, income, unemployment, and workers’ compensation for its employees, and the City will not provide, or contribute to any plan which provides for benefits, including but not limited to unemployment insurance, workers’ compensation, retirement benefits, liability insurance or health insurance. All individuals employed by the Board provide personal services to the City are not public employees of the City under Ohio state law. (b) No agency, employment, joint venture or partnership has been or will be created between the parties pursuant to the terms and conditions ofthis Agreement. Inasmuch as the City is interested in the Board’s end product, the City does not control the manner in which the Board performs this Agreement. 8. NOTICES. All notices, invoices and correspondence which may be necessary or proper for either party shall be addressed as follows: TO THE BOARD: Cuyahoga County Board of Health Attention: Terry Allan, Health Commissioner 5550 Venture Drive Parma Ohio 44130 Page 3 of 7  TO THE CITY: City of Middleburg Heights Attention: Mayor Matthew J. Castelli 15700 E. Bagley Road Middleburg Heights, Ohio 44130 And City of Middleburg Heights Attention: Director of Law 15700 E. Bagley Road Middleburg Heights, Ohio 44130 9. EFFECT OF ELECTRONIC SIGNATURE By entering into this Agreement, the parties agree that this transaction may be conducted by electronic means, including, without limitation, that all documents requiring signatures by the parties may be exeeuted by electronic means, and that the electronic signatures affixed by the authorized representatives of the parties shall have the same legal effect as if the signatures were manually affixed to a paper version of the documents. The parties also agree to be bound by the provisions of Chapter 1306 of the Ohio Revised Code as it pertains to electronic transactions. 10. APPLICABLE LAW AND VENUE Any and all matters of dispute between the Parties to this Agreement whether arising from the Agreement itself or arising from alleged extra contraetual facts prior to, during, or subsequent to the Agreement, including without limitation, fraud, misrepresentation, negligence, or any other alleged tort or violation of the Agreement, will be governed by, construed, and enforced in accordance with the Laws of the State of Ohio, without regard to the conflict of laws or the legal theory upon which such matter is asserted. 11. SEVERABILITY. If any provision hereof shall be determined to be invalid or unenforceable, such determination shall not affect the validity of the other provisions ofthis Agreement. Moreover, any provisions that should survive the expiration or termination will survive the expiration or termination of this Agreement. 12. AMENDMENT This Agreement shall not be modified except by the express written consent by both parties hereto. 13. WAIVER. Waiver by either party or the failure by either party to claim a breach of any provision ofthis Agreement shall not be deemed to constitute a waiver or estoppel with respect to any subsequent breach of any provision hereof 14. FORCE MAJEURE. Neither party shall be liable for any delay or failure to perform any duty or obligation it may have pursuant to this Agreement where such delay or failure has been occasioned by any act of God, fire, strike, inevitable accident, war or any cause outside the party's reasonable control. 15. COUNTERPARTS Page 4 of 7 This Agreement may be executed in several counterparts, each of which shall be deemed to be an original copy, and all of which together shall constitute one Agreement binding on all parties hereto, notwithstanding that all the parties shall not have signed the same counterpart. 16. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties with respect to its subject matter, and supersedes all prior and contemporaneous agreements, representations or understandings, whether written or oral, as to the same. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representative to be effective as of the Effective Date as specified in Section 1 of this Agreement. FOR THE BOARD: Approved as to form. Cuyahoga County Board of Health Office of General Counsel Mayor David Smith, President District By: Advisory Council Date: Date: FOR THE CITY: Approved as to form. By: Mayor Matthew Castelli Director of Law Date: 9- Date: Page 5 of 7  EXHIBIT A SCOPE OF WORK The General Health District of Cuyahoga County, Ohio, hereby agrees to provide health services for the City of Middleburg Heights for the calendar years 2022 and 2023 as set forth below (“Services”). The Board shall have full authority to be and act as the public health authority for the City. The Services described in the schedule listed below in this Exhibit will be provided by the District Board of Health of Cuyahoga County(“Board”)to the City. The Services will include all necessary medical, nursing, sanitary, laboratory and such other health services as are required by the Statutes of the State of Ohio. Air pollution enforcement services, as described in Chapter 3704 of the Ohio Revised Code (“ORC”), will be conducted through the designated agent, the Cleveland Division of Air Pollution Control, not by the Board. This authorization is contingent upon renewal of the Agreement between the Ohio EPA and the City of Cleveland and satisfactory performance of the Agreement terms and conditions regarding air pollution control in Cuyahoga County. The Board of Health reserves the right to alter, modify or amend this Agreement provision with notice to the City. The following specific services shall be a part of the Services provided under this Agreement: List of Functions, Programs and Services Animal Control and Shelter: Rabies Surveillance - Animal bite follow up Environmental Health - State Programs: Food Service Operation Licensing/ Inspection/Education Retail Food Establishment Licensing & Inspection. School Facilities Inspection Smoke Free Workplace Enforcement Public Swimming Pool & Spa Licensing & Inspection Tattoo & Body Piercing Enforcement Temporary Park Camp Licensing/Inspection/Enforcement Clean Indoor Air Regulation - complaint based response Home Day Care Inspections - USDA Inspections Only/Fee for Service Nuisance & Vector Control Residential Housing/Commercial Building Inspection - complaint based response Solid Waste Enforcement West Nile Virus Prevention/Mosquito Control Animal Venue Licensing/Inspection/Enforcement Emergency Preparedness: Public Health Emergency Preparedness(PHEP) Planning and Cities' Readiness Initiative activities Emergency Management Committee - participation Page 6 of 7 > *■ Development of Local Emergency Response Plan - participation Community Outreach and Education Northeast Ohio Regional Public Health Partnership - participation Epidemiology, Surveillance, Investigation Services: Reportable Infectious Disease investigation and follow-up (excluding HIV/AIDS; STD; TB) Disease Outbreak Management Regional Infection Control Committee - participation NEO Regional. Epidemiology Response Team - participation Nursing Services: Health Promotion: First Aid/Communicable disease classes - fee for service Cleveland Safe Kids Coalition - participation Immunization Program: Childhood and Adult Vaccine Administration Services - Fee for Service. Most insurance accepted, by appointment. Charges may be waived for inability to pay. Seasonal Influenza vaccine clinics - Fee for Service, most insurance accepted. Immunize Ohio- participation Jail Inmate Health Services: Jail Inspection - provided once annually Lead Poisoning Prevention: Pediatric blood lead testing - Fee for Service. Charges may be waived for inability to pay Case management Environmental Assessment - Limited fee for service Community Education and Outreach Greater Cleveland Healthy Homes Advisory Council Occupational Health: Immunizations and Tuberculosis screenings - Fee for Service Bureau for Children with Medical Handicaps (BCMH) Public Health Nursing Services Administrative Services: Administration Grant Writing & Management Budget Records Management Accounts Payable, Accounts Receivable Data Entry & Program Management Reports - Financial & Statistical Payroll The Board maintains a range of grant funded programs for citizens throughout the County who are income qualified. THE BOARD RESERVES THE RIGHT TO AMEND THIS EXHIBIT AT ANYTIME PRIOR TO AUTHORIZATION OF THE CITY COUNCIL AND THE BOARD OF HEALTH ANNUALLY. Page? of?  ..delivered OCT 0 ; m\ City of Middleburg Heights, Ohio Ordinance No. 2021- Introduced by: Mr. Meanv and Mr. Grech AN ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR CURRENT EXPENDITURES AND EXPENSES FOR THE CITY OF MIDDLEBURG HEIGHTS FOR THE CALENDAR YEAR 2021 AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, CUYAHOGA COUNTY,STATE OF OHIO: Section 1. That in order to provide for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2021, the following sums be appropriated from the Southwest General Hospital Fund: Increase Description (Decrease) Gen. Gov't - Other - Refunds & Reimb.(Adjust to actual) $ 1,397.09 Total Increase to the SW General Hospital Fund $ 1,397.09 Section 2. That it is hereby found and determined that all formal actions of this council concerning and relating to the passage of this ordinance were adopted in an open meeting of this council, and that all deliberations of this council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements including chapter 107 of the Codified Ordinances and section 121.22 of Ohio Revised Code. Section 3. That this ordinance is hereby declared to be an emergency measure, immediately necessary for the preservation of the public peace, health and safety of the citizens ofthe City of Middleburg Heights, Ohio. Such emergency being the necessity of supplementing appropriations from the above listed funds and accounts in order to allow the City to pay outstanding obligations of the City for the year 2021. Therefore, this ordinance shall take effect and be in force immediately upon its passage and approval by the Mayor. PASSED PRESIDENT OF COUNCIL ATTEST: CLERK OF COUNCIL PRESENTED TO MAYOR APPROVED ON: YEAS NAYS BORTOLOTTO ALI MAYOR SAGE MEANY MCGREGOR FERENCE GRECH  delivered OCT 0 1 2021 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2021- Introduced By: Mayor Matthew Castelli A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A FIRST AMENDMENT TO A GREEMENT FOR PUBLIC SAFETY DISPA TCH SERVICES BETWEEN THE CITY OFSTRONGSVILLE, OH AND THE CITY OF MIDDLEBURG HEIGHTS, OH WHEREAS, through adoption of Resolution 2021-40 on May 27, 2021, the Cities of Strongsville and Middleburg Heights entered into an agreement for Public Safety Dispatch Services; and WHEREAS, at that time, Middleburg Heights agreed to certain terms and conditions in connection with payment to Strongsville for Strongsville’s provision of such Dispatch Services; and WHEREAS, based upon one-half year of operations in 2021 and in accordance with provisions of said Agreement, it is now necessary to amend the provision relating to payment for dispatch Services. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That the Mayor is hereby authorized to sign the “First Amendment to Agreement for Public Safety Dispatch Services between the City of Strongsville, OH and the City of Middleburg Heights, OH”, a copy of which is attached hereto and marked “Exhibit A”. Section 2: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Passed: President of Council  i > Presented to Mayor: Mayor Attest: Approved On: Clerk of Council Yea Nay Bortolotto All Sage Meany McGregor Ference Grech % FIRST AMENDMENT TO AGREEMENT FOR PUBLIC SAFETY DISPATCH SERVICES BETWEEN THE CITY OF STRONGSVILLE,OHIO AND MIDDLEBURG HEIGHTS,OHIO THIS FIRST AMENDMENT TO AGREEMENT made at Strongsville, Ohio, this day of , , by and between the CITY OF STRONGSVILLE, Ohio, hereinafter designated as “Strongsville”, and MIDDLEBURG HEIGHTS, Ohio, hereinafter designated as “Middleburg”. WITNESSETH: WHEREAS, through adoption of Ordinance No. 2021-084 on June 7, 2021, the Strongsville City Council authorized an Agreement with the City of Middleburg Heights for public safety services; and WHEREAS, through adoption of Resolution No. 2021-40 on May 27, 2021, the Middleburg Heights City Council likewise authorized an Agreement with Strongsville for such public safety services; and WHEREAS,on June 7, 2021, Strongsville and Middleburg entered into an Agreementfor Public Safety Dispatch Services, in which Strongsville agreed to dispatch Middleburg Police Department and Fire Department calls, on a twenty-four (24) hour basis, to authorized personnel of the Middleburg Police Department and the Middleburg Fire Department and other public safety resources generally with regard to emergency and non-emergency incidents, and with communication support and services/systems directly related to the dispatch function, and subject to other specific terms and conditions contained therein; and WHEREAS, at that time, Middleburg agreed to certain terms and conditions in connection with payment to Strongsville for Strongsville’s provision of such Dispatch Services; and WHEREAS, based upon one-half year of operations in 2021 and in accordance with provisions of said Agreement, it is now necessary to amend the provision relating to payment for Dispatch Services. NOW, THEREFORE, in consideration of the premises and the mutual covenants set forth in the Agreement and herein, it is agreed as follows: 1. Article 1(E) of the Agreement be and is hereby amended to read in part as follows: E. Payment for Dispatch Services: Middleburg, in consideration of the provision of the Dispatch Services outlined herein, agrees to pay Strongsville the amount of Thirty-Seven Thousand Five Hundred and 00/100 Dollars ($37,500.00) for the  month of June, 2021 and each month thereafter until December 31, 2021, by the fifteenth (15‘'^) of each month for Dispatch Services provided m that month. For the period of operation from January 1, 2022 through December 31, 2022, Middleburg will pay Strongsville at an increased rate of pay of Thirty-Eight Thousand Three Hundred Thirty-Four and 00/100 Dollars ($38,334.00) per month by the fifteenth (15***) of each month for Dispatch Services provided in that month, for a total of Four Hundred Sixty Thousand Eight and 00/100 Dollars 99 ($460,008.00). 2. This First Amendment to Agreement amends, modifies and supplements the Agreement effective January 1, 2022 only as specifically set forth herein. All rights and obligations of Strongsville and Middleburg under the Agreement and all other provisions not specifically amended herein remain unmodified and in ftill force and effect. 3. This First Amendment to Agreement shall be binding upon Strongsville and Middleburg and their respective successors and assigns. IN WITNESS WFIEREOF, the parties hereto have executed this Amendment to Agreement the day and year first above written. Signed in the presence of: CITY OF MIDDLEBURG HEIGHTS (“Middleburg”) By:. Matthew J. Castelli, Mayor CITY OF STRONGSVILLE (“Strongsville”) By:. Thomas P. Perciak, Mayor CERTIFICATE OF FINANCE DIRECTOR I hereby certify that the amount of money required to meet the expenditures called for by this Amendment to Agreement is in the treasury, to the credit of the fund for which it is to be drawn, or in the process of collection, and not appropriated for any other purpose. Date Finance Director, City of Middleburg Heights 2 % CERTIFICATE OF LAW DIRECTOR FOR MIDDLEBURG HEIGHTS I have hereby reviewed and approved the fonn of the foregoing Amendment to Agreement this day of Santo T. Incorvaia, Law Director CERTIFICATE OF LAW DIRECTOR FOR THE CITY OF STRONGSVILLE I have hereby reviewed and approved the form of the foregoing Amendment to Agreement this day of Neal M. Jamison, Law Director 3