City Council

9- City of Middleburg Heights,Ohio Council Agenda October 26,2021 7:00 P.M.REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Minutes ofthe Regular Meeting of October 12,2021 COMMUNICATIONS Request from Mr. Larry Apple, Omni Smart Living, to rezone property on Bagley Road to senior residence/life district. 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 26, 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, Second reading 10/12/21) UN-NUMBERED LEGISLATION INTRODUCED BY COUNCILMAN MEANY A Resolution authorizing the mayor to enter into a Member Community Infrastructure Grant Program Agreement with the Northeast Ohio Regional Sewer District. INTRODUCED BY MAYOR CASTELLI A Resolution accepting the consortium bid of Cargill, Inc. for treated sodium chloride for the 2021-2022 season (11/1/2021 - 10/31/2022) INTRODUCED BY MAYOR CASTELLI A Resolution accepting the consortium bid of Compass Minerals America, Inc. for untreated sodium chloride for the 2021-2022 season (11/1/2021 - 10/31/2022) INTRODUCED BY MAYOR CASTELLI A Resolution accepting a Lifesaving Equipment Grant from Firehouse Subs Public Safety Foundation. INTRODUCED BY MAYOR CASTELLI An Ordinance amending Chapter 127 “Police Division” of the Middleburg Heights Codified Ordinances to establish the position of part-time School Resource Officer.  City of Middleburg Heights, Ohio Council Agenda OCTOBER 26, 2021 PAGE 3 ZONING & BUILDING CODE COMMITTEE - Mr. Grech. Chairman 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, Chainnan 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 & RULES COMMITTEE - Mr. Ference. Chairman 2-26-13 Vote Abstention Rule 9-10-19 Term Limits PUBLIC HEALTH. SAFETY & RELIEF COMMITTEE - Mr. McGregor. Chainnan 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. Meany. 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\«/£ I an Omni Inspiration Mary Ann Meola Clerk of Council Middleburg Hts City Hall 15700 Bagley Rd Middleburg HTs, Ohio,44130 Re: Vitalia Active Adult Community Bagley Road Rezoning September 24,2021 Dear Ms Meola: Attached is an application for rezoning approximately 11.75 acres of land on Bagley Road to a Senior Residence/Life District (SR/LC). We are proposing to develop 19 one story villas and a building of apartments and amenities consisting of 152 apartments for independent living, assisted living and memory care for persons over 60. This will provide a much needed resource for Middleburg Hts residents with a significant economic contribution to local government and schools. Attached is a more detailed description. Included herewith is: -Written application for zoning change -Description of land and Permanent Parcel Numbers -Scale drawings of the land and its relationship to surrounding land, including uses within 500 ft. -Written description of the proposed use and request for action by Council -Preliminary site plan -Check for $ 150 We look forward to working with the city to create a new community for Middleburg Hts. Please contact me if you need additional information. Larry Apple \ ' Omni Smart Living  CITY OF MIDDLEBURG HEIGHTS APPLICATION FOR ZONING CHANGE HEIGHXS DATE; 1 NAME OF APPLICANT 0 H'Ki 4‘ •• Ll ADDRF,SS OF APPLICANT (In the event applicant is not an individual or a corporation traded in any msOor stock exchange or over-the-counter market, list herein the beneficial ownership in the event of a trust, the partners in the event of a partnership, or those shareholders holding more than 10% of the stock in the event ofa corporation.) 2, NAME OF PROPERTY OY'NL,. ADDRESS OF PROPERTY OWNER LjaiHf T 7 3. PERMANENT PARCEL NUMBER >7he->g--0(T SUB-LOT NUMBER ADDRESS OF PERMANENT PARCEL NUMBER 4. A legal description of the land involved, including the County Auditor’s permanent parcel number and any sub-lot number. 5. Enclose scale drawing(s)showing the dimensions ofthe land involved, the proposed use, proposed building(s) parking and drives with their relationship to public streets and adjacent land uses. The location and arrangement of buildings and other site features on adjacent land may be indicated on current aerial photography at a scale of I"=l00’. Please submit all drawings and maps to be no larger than 8 %" x 11".(Please submit 12 copies.) 6. In addition to a hard copy, please submit an electronic copy of the application and all drawings/maps. 7. Give a written description of the present and pn^osed use of the land and building(s) upon the land to be rezoned. 8. Give a briefrequest for the action sought of Council (current zoning classification and proposed zoning classification). 9. $150 application fee must accompany this application. 10. The undersigned ^plicant acknowledges that he (it) is familiar with the City’s zoning code and that he (it) shall be re.sponsible for any representations made in connection with the application for zoning change. Signature ofApplicai Address of Applicant yi O Telephone Number of Applicant The undersigned property owner of the land sought to be rezoned by the above application hereby requests and/or consents to the above application for rezoning. SIGNATURE OF PROPERTY OWNERfSI MUST BE NOTARIZE!? ^^oo_ njj^ L{U<D’7S^-s^^S- 'SIGNATURE OF PROPErA OWNER ADDRESS OF PROPERTY OWNER/PHONE # Uflsumfiri :T£^vf\ NAME OF PROPERTY OWNER (PRINT) SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF ,21 _,BY (SEAL) NOTARYPUBLIC COMMISSION EXPIRES % TMK IDDI-E Of MONIQUE MtCKtE EVERYTtUNG! I kfatarv Pidlfie CTXTC OC nui/V57oc Bagixy Road | Middlebuhg Heicnrs, OH r*I . '* WWU AAO-llA-SSlI I MiDDLXBUAcHtICMI ■J My CofrtmiMlon Expiras y MAR. 7. 2024 Vitalia Active Adult Community Application for Zoning Change No 7 PRESENT AND PROPSED USE Hasumati Jethva PPN 371-08-012 Bagley Rd, Middleburg Hts, Ohio Present Use: Vacant Proposed Use: Senior Living Vitalia Active Adult Community Application for Zoning Change No 8. ACTION SOUGHT BY COUNCIL Hasumati Jethva PPN: 371-08-012 The current zoning is Office Building: OB The proposed zoning is Senior Life Care Residence (SL/RC)  CITY OF MIDDLEBURG HEIGHTS APPLICATION FOR ZONING CHANGE DATE: j!i 1. NAME OF APPLICANT ADDRESS OF APPLICANT ^ \09 1 h.'iJqf flti . qx/^^ Pj\ Lfij( ^? trad& on any nlajor stock exchange or over-the-counter market, list herein (In the event applicant is not an individual or a corporation the beneficial ownership in the event of a trust, the partners in the event of a partnership, or those shareholders holding more than 10% of the stock in the event of a corporation.) LcCL 2. NAME OF PROPERTY OWNER ADDRESS OF PROPERTY OWNER 7 3-/5~ j ^uif C i *-(‘0 IfAi. OtA 3. PERMANENT PARCEL NUMBER ^'?t-OW-fcC?S< t SUB-LOT NUMBER ADDRESS OF PERMANENT PARCEL NUMBER ^ I^O j 7 I^jf ^cj 4. A legal description of the land involved, including the County Auditor’s permanent parcel number and any sub-lot number. 5. Enclose scale drawing(s)showing the dimensions of the land involved, the proposed use, proposed building(s) parking and drives with their relationship to public streets and adjacent land uses. The location and arrangement of buildings and other site features on adjacent land may be indicated on current aerial photography at a scale of 1"=100'. Please submit ail drawings and maps to be no larger than 8 V" x 11".(Please submit 12 copies.) 6. In addition to a hard copy, please submit an electronic copy of the application and all drawings/maps. 7. Give a written description of the present and proposed use of the land and building(s) upon the land to be rezoned. 8. Give a brief request for the action sought of Council (current zoning classification and proposed zoning classification). 9. $150 application fee must accompany this application. 10. The undersigned applicant acknowledges that he (it) is familiar with the City’s zoning code and that he fi^sshall be responsible for any representations made in connection with the application for zoning change. Signature of Applicant Addrey of Applicant ' Telephone Number of Applicant The undersigned property owner of the land sought to be rezoned by the above application hereby requests and/or consents to the above application for rezoning. SIGNATURE IPEI OWNER(S)MUST BE NOTARIZED , > ,, ,I , ^ SIGNATURE OF PROPERTY OWNER ADDRESS OF PROPERTY OWNER/PHONE # NAME OF PROPER T\tOWNER(PRINT) U ^ V P0l4>j2A. SUBSCRIBED AND SW^^j,)^0 BEFORE ME THIS DAY OF ^pbrpec31_ BV NOTARY PUBLIC sMJX DORIANNET.HALL COMMISSION EXPIRES THE Notary Public. State of Ohio * EVE My Commission Expires 15700 Ba<;L£y Road|Midouburg Heights, OH 4a}130 May 14,2026 440-^34-8811 ) MiddleburgHeights.com > O •s. Vitalia Active Adult Community Application for Zoning Change No 7 PRESENT AND PROPOSED USE Bagley Holdings LLC PPN 371-08-008 19170 Bagley Rd, Middleburg Hts, Oh 44130 Present Use: Vacant Land Proposed Use: Senior Living PPN 371-08-009 19150 Bagley Rd Present Use: Vacant Land Proposed Use: Senior Living PPN 371-08-010 19110 Bagley Rd Present Use: Vacant Land Proposed Use: Senior Living PPN 371-08-013 19048 Bagley Rd Present Use: Vacant Land Proposed Use: Senior Living PPN 371-08-014 Bagley Rd Present Use: Vacant Land Proposed Use: Senior Living' PPN 371-08-015 19000 Bagley Rd Present Use: Vacant Land Proposed Use: Senior Living Vitalia Active Adult Community Application for Zoning Change No 8 ACTION SOUGHT OF COUNCIL Bagley Holdings LLC PPN 371-08-008 371-08-009 371-08-010 371-08-013 371-08-014 371-08-015 The current zoning is Office Building: OB The proposed zoning is Senior Life Care Residence (SL/RC)  CITY OF MIDDLEBURG HEIGHTS X- APPLICATIOM FOE ZONING CHANGE HEIGHTS DATE: misiL I. NAME OF APPLICANT ^ \\Vv,, ^'3 W\t 4 Ltwiuf, Ilc^ ADDRESS OF APPLICANT 3. /.W.rV S.-> fh INf \ 7 (In the evem applicantis not an indindnal or a smpm&tm tradctlW any major ato* exci4iii^ ««■ ovBr-tiie-comier meiicel. list herein the beneficial owneKhIp in the e¥eat of a trust, the pertaers in the event ofa partaersliip, or those sliatidibtefs holding tnore than 10% of the stock its the event of a e«p®atsois.) 2. NAME OF PROPERTY OWNER /f c t—* U fc/N 1m.C ADDRESS OF PROPERTY OWNER ltSX7 VcfAU Q fJo/iTH AoyALTk7A/ Qt//33 3. PERMANENT PARCEL NUMBER %1 \ 0% C> \ \ SUB-LOT NUMBER ADDRESS OF PERMANENT PARCEL NUMBER i ^ /?c( 4. A legal dessription ofthe land involved, mcliMling the County Aaditar’s pertnanetst parcel aumber snd any stib-lot 5. Endose ^scale drawing(g) shavving the dimeasioas ofthe land involved, the proposed use, proposed buiHing(s) pacing and drives with fteir relationship to public stre^ swl adjacent tad uses. The location and EfrangemeBt oftaildings and oflier site featura« adjacent fand may be indicated on current aerial photogi^by at a scale of l'-=100'. Please submit all drawings and maps to be no larger than g Vi” x n". (Piease submit 12 copies.) 6. In addition to a hard cs^, please submit an eSectranio copy of the application and all drawings/msp®. 7. Give a written deserii«imi of the present and pts^esed use ofthe land and buiMin^s) ufjon the land to be reasned. 8. Give a briefrequest for the action sought ofCouncil (oirrent Esaing dassificatioH and proposed aming dassification). 9. $150 application fee must aceompaay this gpplicatioK. 10. The undersigned applicant scknowiedges tfeit he (it) is familiar with the City's ZOJI representations made in coimeetion with the applicatioifi for SEoning ing cod^nd that he (it)^ll be respoasibk for any Signature bfApplicant ^ ,L> i^cl> QcUci, Li ('y Address^AppWeaili f f-/ 7F j • . TclephOTc Nuiiiber ofApplicsiit The undersignea pre^ertj' owner ofthe land sought to be rezoned by the above application herein resjuests aad/or consents to te above application for lezoning. EBBL<MNPRf^lMJS]LBE.EmABIZEB^ SaoNATURE OF PROP! lER A1SMS iRTYOWNEI fE# SUBSCRIBED AND SWORN TO BEFORE MB THIS. DAY OF L ^ 2pJJ-,_BY (SEAL) ^ NbrW PUBLIC HI DDLEw.^ JVE COMMISSION EXPIRES EVEHYTHINqir^ ^v" JEANMARIE MOORE - % NOTARY PUBLIC ssTooBMawRora | Miooiwosc Hmghts. OH mijo 440-»j4-SSii I M KGH£8GI{riSJC924 I STATE OF OHIO J 5 Recorded in / Cu^eh^a Coun^ V / MyCemm. Exp. t2/16ffie23 Vitalia Active Adult Community Application for Zoning Change No 7 PRESENT AND PROPSED USE Northeast Care Center Inc PPN 371-08-011 19080 Bagley Rd. Present Use: Adult Group Home Proposed Use: Senior Living Vitalia Active Adult Community Application for Zoning Change No 8. ACTION SOUGHT BY COUNCIL Northeast Care Center PPN; 371-08-011 The current zoning is Single Family The proposed zoning is Senior Life Care Residence (SL/RC)  & ASSOCIATES C'.il Eoginet'j + Lar.d^cap2 Architects + Planner: + SjrvA/ors Legal Description Bagley Holdings, LLC Rezoning Area September 13, 2021 File No. 14537-LDOOl Page 1 of 2 Situated in the City of Middleburg Heights, County of Cuyahoga, State of Ohio and known as being part of Original Middleburg Township Section No. 14, and being further bounded and described as follows: Beginning at a 1/2” iron pin monument found at the intersection of the centerline of Eastland Road (60 Feet Wide) and the centerline of Bagley Road (80 Feet wide); Thence South 88°06’47” East, along the centerline of said Bagley Road, a distance of 1608.45 feet; Thence North 01°33’26” East, a distance of 40.00 feet to the Southeasterly comer of Parcel 3 of lands conveyed to Midwest Limited Partnerships, LLC by deed recorded in A.F.N. 201706090212 of Cuyahoga County Records and a point on the Northerly right of way of said Bagley Road and the principal place of beginning Course 1 Thence North 01°33’26” East, along the Easterly line of said Parcel 3, a distance of 390.00 feet to the Northeasterly corner of said Parcel 3 and on the Southerly line of Parcel 2 of lands conveyed to Midwest Limited Partnerships, LLC by deed recorded in A.F.N. 201706090212 of Cuyahoga County Records; Course 2 Thence South 88°06’47” East, along the Southerly line of said Parcel 2, a distance of 64.76 feet to a Southeasterly corner of said Parcel 2; Course 3 Thence North 01°25’38” East, along the Easterly line of said Parcel 2, a distance of 642.09 feet to the Northeasterly comer of said Parcel 2 and on the Northerly line of Original Middleburg Township Section No. 14; Course 4 Thence South 88°13’03” East, along the Northerly of Original Middleburg Township Section No. 14, a distance of 470.91 feet to the Northwesterly comer of a parcel of land conveyed to Middleburg Heights Land Reutilization Program by deed recorded in A.F.N. 201904170365 of Cuyahoga County Records; 6405 York Road Tel; 440.884.3100 Parma Heights, OH 44130 www.Neff-Assoc.com Fax; 440.884.3104 Legal Description Bagley Holdings, LLC Rezoning Area September 13, 2021 File No. 14537-LDOOl Page 2 of 2 Course 5 Thence South 01°25’38” West, along the Westerly line of said Middleburg Heights Land Reutilization Program parcel, a distance of 1032.97 feet to the Southwesterly comer of said parcel and on the Northerly right of way of said Bagley Road; Course 6 Thence North 88°06’47” West, along the Northerly right of way of said Bagley Road, a distance of 536.56 feet to the principal place of beginning and containing 11.7459 Acres (511,653 Square Feet) of land as surveyed by Steven J. Metcalf, Registered Surveyor No. 8622-Ohio of Neff and Associates, Dated November 13, 2020. Be the same more or less, but subject to all legal highways and easements of record. Basis of bearings for this survey is Grid North of the NAD 83 (CORS96), Ohio State Plane, North Zone (3401) as established by GPS observations and is used to denote angles only. Monuments described as “iron pin set” are 5/8” x 30” rebar capped “Neff & Assoc #8622”. h "o * STEVEN J. ■o METCALF Ks Steven J. ^etcalf S-8622 /P Registered Survey No. 8622-Ohio  REZONING - SURROUNDING AREA ZONING LEGEND EXISTINQ ZONE OFFICE BUILDING/ONE FAMILY A PROPOSED ZONE SENIOR RESIDENCE/LIFE CARE OFFICE BUILDING MIXED USE SENIOR RESIDENCE/LIFE CARE MULTI FAMILY GENERAL BUSINESS ONE FAMILY A PUBLIC FACILITIES DISTRICTS y RESTAURANT - AMUSEMENT - RECREATIONAL SERVICES 150 00 75 150 Date: 9/22/2021 Project#: 14537A OMNI SMART LIVING NEFF b ASSOCIATES aXY OF MiDDLEBURG HEIGHTS,COUNTY OF CUYAHOGA,STATE OF OHIO ~ivi: Efigtiiecis idnuscapit Arcliliocli Planners Suivuju 1 VITALIA MIDDLEBURG HEIGHTS Location: 19170 Bagley Road, approximately 12 acres, diagonally nw of Southwest General Hospital. A request is being made to rezone the property to Senior Life Care Residences. The property that now houses the group home . would be a potential phase II, with additional villas. Need: Middleburg HT has a population of 3284 over the age of 70 with only 116 existing apartments designed for this population and an indicated demand of almost 300 units Living Units: A proposed 171 unit Vitalia Smart Living community targeted at persons over 55. One story villas, and apartments for independent living, assisted living and memory care will be included. Design: The one story two and three bedroom villas will have attached garages. Each unit will contain full kitchen, eating area, two bathrooms, washer and dryer and patio. A four story building with studio, one and two bedroom apartments will front on Bagley Road. Amenities will include an indoor pool, theater, exercise room, salon, library, demonstration kitchen and a full service dining room. Attached will be a three story building of assisted living and memory care Community Partnerships: Residents can participate in the "Vitalia Scholars" Program of senior classes and lectures through local colleges. The Great Lakes Theater and Rock n Roll Hall of Fame offer additional programs for out residents. In addition, we are exploring a partnership with Baldwin Wallace University that would allow Vitalia residents to take classes and attend events at Baldwin Wallace and include internships and job opportunities for BW students. Vitalia residents would also be able to participate in the Behavioral Health and other programs of Southwest General Hospital. "Older adults who socialize, exercise, embrace wellbeing and engage with their friends, families and loved ones are happier and healthier."(White House Conference on Aging, 2015) Economic Benefit: On completion the development will have an estimated value of more than $ 30 million. And as a senior community, there will be no school children. Current valuation of the property is only about 10% of that.. This will bring a significant return to the city and schools in property taxes. Wages from the 50+ employee payroll will exceed $ 2,000,000, with income tax benefiting the city. And some residents will continue to work, contributing additional taxes locally. [RY SITE PLAN OMNI PROPERTY COMPANIES Notes: r burg Heights, OH - E. BAGLEY ROAD 08-24-2021 7 ✓, ASSISTED LIVING <B MEMORY CARE (3STORY) /1 yj •*v m M  delivered OCT 2 I 2021 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2021- Introduced By: Mr. Meany Co-Sponsors: Mr. Ali, Mr. McGregor A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A MEMBER COMMUNITY INFRASTRUCTURE GRANT PROGRAM AGREEMENT WITH THE NORTHEAST OHIO REGIONAL SEWER DISTRICT WHEREAS, the Northeast Ohio Regional Sewer District (the District) is interested in assisting member communities with water quality and quantity issues associated with sewer infrastructure that adversely impact human health and the environment; and WHEREAS, pursuant to Ohio Revised Code, the District established the Member Community Infrastructure Program (MClP) to provide water resource project funding opportunities to member communities for sewer infrastructure projects in the District’s service area; and WHEREAS, the City of Middleburg Heights applied for the MClP Grant for the Indian Creek/Gerald Sanitary Relief Sewer Project; and WHEREAS, the District has determined that the Indian Creek/Gerald Sanitary Relief Sewer Project will address water quality and quantity issues associated with sewer infrastructure. 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 accept the MClP grant and enter into an agreement with the Northeast Ohio Regional Sewer District, a copy of which is attached hereto and marked “Exhibit A”, for the Indian Creek/Gerald Sanitary Relief Sewer Project. 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  MEMBER COMMUNITY INFRASTRUCTURE GRANT PROGRAM AGREEMENT BY AND BETWEEN NORTHEAST OHIO REGIONAL SEWER DISTRICT AND CITY OF MIDDLEBURG HEIGHTS FOR INDIAN CREEK / GERALD SANITARY RELIEF SEWER THIS AGREEMENT(“Agreement”) is entered into as of the 1®*day of January, 2022 (“Effective Date”), by and between the Northeast Ohio Regional Sewer District (“District”), a regional sewer district organized and existing as a political subdivision under Chapter 6119 of the Ohio Revised Code, pursuant to the authority of Resolution No. 273-21, adopted by the District’s Board of Trustees on September 2, 2021 (Exhibit “A”), and the City of Middleburg Heights (“Member Community”), a municipality of the State of Ohio, acting pursuant to Ordinance No. , passed on , 2021 (Exhibit “B”). The District and the MemberCommunity may be collectively referred to herein as “Parties.” RECITALS: WHEREAS, the District is interested in assisting member communities with water quality and quantity issues associated with sewer infrastructure that adversely impact human health and the environment; and WHEREAS, Ohio law authorizes regional water and sewer districts to enter into grant agreements with political subdivisions for water resource projects; and WHEREAS, pursuant to Ohio Revised Code Chapter 6119, generally, and Ohio Revised Code Section 6119.06(F), the District established the Member Community Infrastructure Program (“MClP”) to provide water resource project funding opportunities to member communities for sewer infrastructure projects in the District’s service area; and WHEREAS, the District issued a Request for MClP Proposals (Exhibit “C”); and 1  WHEREAS, in response to the District’s Request for MClP Proposals, the Member Community, a District member community, submitted an application for the Indian Creek / Gerald Sanitary Relief Sewer project (the “Project” or “MClP Project”), attached hereto as Exhibit “D;” WHEREAS, the District has determined that the MClP Project will address water quality and quantity issues associated with sewer infrastructure that adversely impacts human health and the environment. NOW THEREFORE, in consideration of the foregoing, the grant to be made by the District and the mutual promises contained in this Agreement, the parties agree as follows: Article 1. The MClP Project 1.1 The MClP Project. The Member Community will manage, design, procure and construct the MClP Project, which generally consists of design and installation of a sanitary relief sewer to minimize residential basement backups, as set forth in Exhibit “D.” 1.2 Performance Goal and Verification. The performance goal for the MClP Project is set forth in Exhibit D. At the request of the District, the Member Community will provide data relevant to the project performance verification as set forth in Exhibit C. The Member Community agrees to provide the District with post-construction verification of the performance goal. Failure to do so may impact future grant awards. 1.3 Compliance with District’s Code of Regulations. The MClP Project shall be designed and constructed to ensure compliance with the District’s Code of Regulations. The goal of the MClP is to reduce water quality and quantity issues that impact human health and the environment associated with combined or separate sanitary and/or storm sewer infrastructure problems. 1.4 Permits and Approvals. The Member Community shall obtain and pay the cost of all required federal, state, and local approvals, including permits, necessary to initiate and complete the MClP Project. 1.5 Affected Property Owners. The Member Community shall obtain all easements, rights of entry, and other necessary legal agreements with affected property owners to perform construction and to bind any successor 2  in title to maintain compliance as required in this Agreement. The costs of obtaining such legal agreements are eligible for MClP fund reimbursement, if they are part of the proposal and approved by the District. 1.6 MClP Project Modifications. The Member Community shall submit requests to modify the budget, deadlines, deliverables, or other components of the Project to the District Representative for approval at least fifteen (15) business days prior to the execution of the modification. Any modification to the MClP Project must be approved by the District Representative inwriting. 1.7 Photographs of MClP Project. The District shall have the right to observe, monitor, inspect, and photograph the MClP Project at any and all stages of design and construction, as well as post-construction. Article 2. Design and Construction of the MClP Project 2.1 District Review of Design Work. The Parties agree that the District shall have the right to review and comment on the final MClP Project design plans prior to construction. The Member Community shall submit the final MClP Project design plans to William Fussner, Project Manager, at fussnerw@neorsd.org, in a timely manner that provides the District with at least fifteen (15) business days to review. Any modification to the MClP Project must be submitted to the District Representative in writing. 2.2 MClP Project Meetings. The District shall have the right to attend all MClP Project progress meetings and shall receive at least five (5) business days advance notice of all such meetings. 2.3 Member Community to Bid and Construct MClP Project. After the District’s review of the MClP Project design in accordance with Article 2.1 above, the Member Community shall bid and complete the construction work pursuant to the final MClP Project plans and specifications and in accordance with all applicable laws and regulations. The Member Community shall be responsible for construction procurement, supervision, and inspection in accordance with the terms of this Agreement. The Member Community shall provide the District Representative a copy of the awarded bid. 2.4 Construction Schedule. The District shall have the right to review and provide written comments to the proposed MClP Project construction schedule, prior to the selected contractor beginning field activities. 2.5 Pre-Construction and Construction Meetings. The District shall have the right 3  to attend all pre-construction and construction meetings with the MClP Project contractor. The Member Community shall notify the District Representative, in writing or via e-mail, of such meetings at least five (5) business days prior to the meeting date. 2.6 Daily Construction Supervision. The District is not required to and will not provide any daily construction supervision, or inspection and testing services for the MClP Project. 2.7 As-Built Drawings. At the District’s request, the Member Community shall provide the District Representative with “as-built” drawings for the MClP Project. 2.8 Record Drawings. The Member Community shall provide to the District Representative record drawings, approved by the Member Community’s Engineer, at the closure of the MClP Project. 2.9 District Request for Construction Progress Meetings. The Member Community agrees to meet with the District to review the MClP construction project status and progress, as may be requested by the District. 2.10 Payment of Prevailing Wage. The Member Community shall be responsible for determining whether the payment of prevailing wages, as set forth in Chapter 4115 of the Ohio Revised Code, are required for labor used in constructing the MClP Project, and shall ensure compliance with any prevailing wage requirements in such Chapter. Article 3 Ownership, Operation, and Maintenance 3.1 Member Community Operation and Maintenance Responsibilities. During construction and after construction, the Member Community shall own, operate, and maintain the MClP Project. The Member Community shall reimburse the District in an amount equal to one hundred percent(100%)of the District Funds provided by the District under this Agreement if this provision is violated. In the event that the District determines a violation of this section has occurred, the District shall notify the Member Community in writing. The Parties agree to resolve any dispute relating to such alleged violation in accordance with the procedure set forth in Article 9 of this Agreement. 3.2 Post-Construction Operation and Maintenance Plan. The Member 4  Community shall provide the District with a letter referencing the post construction operation and maintenance plan for the MClP Project. Operation and maintenance plans shall be updated by the Member Community, as may be necessary, and as may be requested by the District. 3.3 Maintenance Inspection Records. The Member Community shall maintain a record of the Member Community’s maintenance inspections and overall performance of the MClP Project for at least three (3) years and shall submit a copy to the District upon reasonable request. Article 4 Project Costs and Funding 4.1 District Funds. The District agrees to pay the Member Community an amount not to exceed One Million Eight Hundred Forty-Six Thousand Five Hundred Dollars ($1,846,500.00)(the “District Funds”) on a reimbursement basis, in accordance with the terms of this Article and Article 6. The anticipated reimbursement amount for calendar year 2022 is $923,250.00 and for 2023 is $923,250.00. Yearly anticipated reimbursement amounts may only be altered in writing at the discretion of the District’s Director of Watershed Programs. The District shall withhold five percent(5%) or $92,325.00 of the District Funds until the District receives: a)final record drawings for the MClP Project, b)final report of audit prepared in connection with and specific to the Project, c) a letter referencing the post-construction operation and maintenance plan. 4.2 Member Community Funds. The Member Community agrees to pay all MClP Project costs that exceed the amount of the District Funds (“Member Community Funds”). Under no circumstance, shall the District be responsible for payment of any costs that, in aggregate, exceed the amount of the District Funds, including, but not limited to, differing site conditions or other unforeseen situations. Prior to the Member Community issuing a notice-to-proceed for any MClP Project related work or service, the Member Community shall provide the District a copy of the certification by the Member Community’s Finance Director that the Member Community Funds have been lawfully appropriated by the Member Community for the Project. This certification is attached hereto as Exhibit “E.” 4.3 Use of District Funds - Reimbursement Requests and Quarterly Progress Reports. The District Funds must be used for activities and expenses 5  approved by the District that are related to the MClP Project accrued on or after January 1, 2022 and in accordance with the project schedule requirements set forth in Article 6. In accordance with the provisions of this Agreement, the District shall reimburse the Member Community for eligible MClP Project expenses based upon paid invoices, prepared and submitted by the Member Community to the District, in the form prescribed by the District, and including all supporting documentation as required by this Agreement and the MClP Policy, Process, and Procedures, attached hereto as Exhibit “F.” The Member Community will provide a copy of the award bid with the first reimbursement request. Quarterly progress reports shall be submitted to the District in accordance with the following: First Request: Due April 30, 2022 for work completed January 1,2022- March 31,2022; Second Request: Due July 31, 2022 for work completed April 1,2022-June 30, 2022; Third Request: Due October 31,2022 for work completed July 1,2022 - September 30, 2022; Fourth Request: Due January 31,2023 for work completed October 1,2022 - December 31,2022; Fifth Request: Due April 30, 2023 for work completed January 1,2023-March 31,2023; Sixth Request: Due July 31, 2023 for work completed April 1, 2023-June 30, 2023; Seventh Request: Due October 31, 2023 for work completed July 1,2023- September 30, 2023; and Eighth Request: Due January 31,2024 for work completed October 1,2023 - December 31,2023. Failure to submit the quarterly progress report in accordance with these deadlines may result in the revocation of the Agreement by the District. The Member Community agrees to meet with District staff, as requested, to review MClP Project progress and to use the reimbursement request and progress report form provided by the District available at: http://www.neorsd.orq/mcip.php. 4.4 Third Party Payments. The Member Community shall bear the risk and 6  remain solely responsible for any payments made by the Member Community to third parties for work not approved for reimbursement by the District. 4.5 Records Retention. The Member Community shall keep all records and documents relevant to the MClP Project, including but not limited to, an accurate, current, and complete accounting of all financial transactions for the MClP Project. Such records and documents shall be available at reasonable times and places for inspection and copying by the District or any authorized representative thereof and shall be submitted to the District upon request along with any other compliance information which may be reasonably required. 4.6 District Funds Not Used. Any District Funds that are not used to complete the MClP Project shall be retained by the District. 4.7 Final Project Costs. If final project costs decrease from the project proposal estimate, then the amount of the District’s final contribution shall be adjusted to maintain the same District contribution percentage of the final project cost. (Exhibit C). Article 5. Public Participation and Outreach 5.1 Educational Signage and Public Outreach. The Member Community shall coordinate any educational signage and any public outreach with the District. The Member Community shall acknowledge the District on MClP Project related outreach communications and in public meetings that discuss the MClP Project. 5.2 District Right to Reject. The District reserves the right to reject any signage, related to the MClP Project. Article 6. Project Schedule and Warranty Period- 6.1 Project Schedule. The MClP Project schedule shall be as set forth in the Project Schedule and Budget Section of Exhibit “D.” Any change to the Project schedule must be approved in writing by the District Representative. 6.2 MClP Project Warranty. The Member Community’s construction agreement shall require the contractor to provide a minimum of a one (1) year warranty period that commences upon final completion of the MClP Project construction (“Warranty Period”). Prior to the conclusion of the Warranty Period the Member Community shall perform a CCTV inspection of the 7  installed Project, if applicable, and provide a report to the District. Article 7 Term. 7.1 Term. This Agreement shall begin on the date first above \A/ritten and expire upon successful completion of the obligations contained herein. Article 8 Insurance- 8.1 Insurance. The Member Community shall require MClP Project consultants and contractors to name the Northeast Ohio Regional Sewer District as an Additional Insured for general liability, automobile liability, and property liability insurance coverages. Article 9. Dispute Resolution. 9.1 Continuation of Obligations. The Parties shall continue the performance of their obligations under this Agreement notwithstanding the existence of a dispute. The District reserves the right to deposit District Funds in an escrow account until the dispute is resolved. 9.2 Designated Representatives. The Parties shall first try to resolve the dispute at the level of the designated representatives as follows: District Representatives Member Community Representatives Director of Watershed Programs Director of Public Service If the Parties are unable to resolve the dispute at that level within ten (10) working days, the Parties shall escalate the dispute to the following level to resolve the dispute: District Representatives Member Community Representatives District Chief Legal Officer or CLO’s Mayor designee 9.3 Mediation. If the Parties remain unable to resolve the dispute within an 8  additional ten (10) working days, the Parties shall proceed to mediation upon request by either party. The Parties shall mutually select a mediator who is experienced in public utility infrastructure engagements. The mediator shall review all documents and written statements, in order to accurately and effectively resolve the dispute. The mediator shall call a meeting between the Parties within ten (10) working days after the mediator appointment, which meeting shall be attended by at least the respective representatives in Article 9.2 above. The Parties shall attempt in good faith to resolve the dispute. The Parties agree to follow the Uniform Mediation Act, Chapter 2710 of the Ohio Revised Code. The Parties shall share the cost of the mediator equally. 9.4 Mediation Resolution. Such mediation shall be non-binding between the Parties and, to the extent permitted by law, shall be kept confidential. If the dispute is resolved and settled through the mediation process, the decision will be implemented by a written agreement signed by both Parties. If the dispute is unable to be resolved through mediation, the Parties agree to submit the dispute to the appropriate jurisdiction as per Article 10, Remedies, below. Article 10 Remedies. 10.1 Remedies and Ohio Law. The Parties agree that, after exhausting the dispute resolution process outlined above, all claims, counterclaims, disputes and other matters in question between the Parties arising out of or relating to this Agreement, or the breach thereof, will be decided at law. This Agreement shall be governed by and interpreted according to the law of the State of Ohio. A party may file a lawsuit in a court of competent jurisdiction in Cuyahoga County, Ohio. Article 11. Notifications 11.1 Points of Contact. The Parties hereby designate the following individuals to serve as the primary points of contact under this Agreement: District Representative Member Community Representative Grant Programs Administrator Director of Public Service 9 Article 12. Release of Liability.- 12.1 Release of All Liability. The Parties understand and agree that the District has no responsibilities or interest in the MClP Project with respect to ownership, operation and maintenance and is acting solely as a funding source. The Member Community hereby releases the District from all liability related to the grant funding provided by the District hereunder. The Member Community further releases the District from all liability for: (i) the design, construction, implementation, operation, maintenance, and inspection of the Member Community’s MClP Project; (ii) any damages to third parties caused by the design, construction, implementation, operation, maintenance, inspection and every other aspect of the Member Community’s MClP Project; (iii) any defective performance of the Member Community’s MClP Project by the Member Community and/or its agents; and (iv) any damages caused by malfeasance or misfeasance of the grant funds by the Member Community. Article 13. Miscellaneous., 13.1 Limit of Commitment. This grant is made with the understanding that the District has no obligation to provide other or additional support, including maintenance of the Member Community’s MClP Project. This grant does not represent any commitment to, or expectation of, future support, including maintenance of the Member Community’s MClP project from the District. 13.2 Disclaimer of Joint Venture. This Agreement is not intended to create a joint venture, partnership or agency relationship between the Parties, and such joint venture, partnership, or agency relationship is specifically hereby disclaimed. 13.3 Authority to Execute. Each person executing this Agreement represents and warrants that it is duly authorized to execute this Agreement by the party on whose behalf it is so executing. 13.4 Counterpart Signatures. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but which counterparts when taken together shall constitute one Agreement. 13.5 Modification of Agreement. This Agreement may only be modified by written instrument executed by each party. 13.6 Merger Clause. This Agreement, along with any exhibits attached hereto. 10  encompasses the entire agreement of the parties, and supersedes all previous understandings and agreements between the parties, whether oral or written. 13.7 Binding on Successors. This Agreement is binding upon, and inures to the benefit of, the parties and their respective permitted successors and assigns. 13.8 Prohibition on Assignment and Subcontracting. The Member Community may not assign or subcontract its rights or duties under this Agreement, in whole in part, whether by operation of law or otherwise, without the prior consent of the District. Consent may be withheld for any reason or no reason. Any assignment or subcontract made in contravention of the foregoing shall be void and of no effect. 13.9 Severability. If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid, in whole or in part for any reason, such provision shall be stricken from this Agreement and such provision shall not affect the validity of the remainder of this Agreement. 13.10 Headings. The headings in this Agreement are included for convenience only and shall neither affect the construction nor the interpretation of any provision in this Agreement. 13.11 Relationship of Agreement to Exhibits. The exhibits to this Agreement are attached for reference purposes only. Nothing in this Agreement shall be construed to modify, alter, clarify, or give effect to the terms and conditions of the various exhibits attached to this Agreement. Article 14. Exhibits. It is mutually understood and agreed that all Exhibits attached hereto are made a part hereof as if fully written herein. In the case of any conflict or variance between the terms of this Agreement and the terms of referenced documents, the terms of this Agreement shall govern. The following Exhibits attached hereto are hereby incorporated with and made a part of this Agreement: Exhibit “A” - District Resolution Exhibit “B” - Member Community’s Authorizing Ordinance Exhibit “C” - Request for MClP Proposals Exhibit “D” - Member Community’s MClP Application Exhibit “E” - Member Community’s Certification of Funds 11  Exhibit “F’ MClP Policy, Process, and Procedures The parties hereto have executed and delivered this Agreement as of the date first above written. NORTHEAST OHIO REGIONAL SEWER DISTRICT By: Kyle Dreyfuss-Wells Chief Executive Officer and; Darnell Brown, President Board of Trustees CITY OF MIDDLEBURG HEIGHTS By; Title; The legal form and correctness of this instrument is approved. By:, Assistant/Director of Law CITY OF MIDDLEBURG HEIGHTS Date: 2021 This Instrument Prepared By: Katarina Waag Assistant General Counsel Northeast Ohio Regional Sewer District Each party agrees that this Agreement may be executed and distributed for signatures via email, and that the emailed signatures affixed by both parties to this Agreement shall have the same legal effect as if such signatures were in their originally written format. 12 [FOR DISTRICT USE ONLY] AGREEMENT NO. NORTHEAST OHIO REGIONAL SEWER DISTRICT CERTIFICATION WITH CITY OF MIDDLEBURG HEIGHTS FOR 2022 MEMBER COMMUNITY It is hereby certified that the amount INFRASTRUCTURE PROGRAM PROJECT; required to meet the contract, agreement, INDIAN CREEK / GERALD SANITARY obligation, payment or expenditure,for the RELIEF SEWER above, has been lawfully appropriated or authorized or directed for such purpose and Total Approximate Cost: $1,846,500.00 is in the Treasury or in process of collection to the credit of the fund free from any obligation or certification now outstanding. The legal form and correctness of the within instrument are hereby approved. KENNETH J. DUPLAY ERICJ. LUCKAGE CHIEF FINANCIAL OFFICER CHIEF LEGAL OFFICER Date Date 13 y delivered ocr 2 1 2021 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2021- Introduced By: Mayor Matthew Castelli A RESOLUTION ACCEPTING THE CONSORTIUM BID OF CARGILL, INC. FOR TREATED SODIUM CHLORIDE FOR THE 2021-2022 SEASON (11/1/2021 - 10/31/2022) WHEREAS, through Resolution 2015-29, the City entered into an agreement with various surrounding municipalities for the purpose of forming a Joint Municipal Improvement Consortium; and WHEREAS, the City may purchase road salt through its membership in the Joint Municipal Improvement Consortium (JMIC) at a lower rate than if purchased on the open market; and WHEREAS, the Consortium has received a bid from Cargill, Inc. - Salt, Road Safety, 24950 Country Club Blvd., Suite 450, North Olmsted, OH 44070 for the purchase and delivery of Treated Sodium Chloride in the amount of $62.28 per ton, dump delivery and $72.28 per ton, piler delivery for the period November 1, 2021, through October 31, 2022, as set forth in Exhibit A attached hereto, determined to be the lowest and best bid submitted. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1; That the bid of Cargill, Inc.-Salt, Road Safety, through the Joint Municipal Improvement Consortium, for the supplying of Treated Sodium Chloride in the amount of $62.28 per ton, dump delivery and $72.28 per ton, piler delivery for the period November 1, 2021, through October 31, 2022, as set forth in Exhibit A attached hereto, is hereby accepted as the lowest and best bid submitted. Section 2: That the Mayor and Finance Director are hereby authorized to enter into a contract with Cargill, Inc.-Salt, Road Safety, 24950 Country Club Blvd., Suite 450, North Olmsted, OH 44070, in accordance with Section 1 of this Resolution. Section 3: That there is hereby appropriated from the Street M&R Fund sufficient money to implement this Resolution.  \ Section 4: 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  ARGILL. IMC salt,, RQAD SAFE; II To supply in accordance with specifications, for a one-year period, the sum of: Cost for Fdirst Ymr(11/1/21 - W/31/22), Untreated Sodium CMoride: $54.15 Per Ton, Dump Delivery $64.15 Per Ton, Filer Delivery Cos!f for First Year(11/1/21- M/31/22), Treated Sodium Chloride: $62.28 Per Ton, Dump Delivery $72.28 Per Ton, Filer Delivery Prodlmclts Bad): Sodium Chloride for Ice Control & Enhanced Clearlane Deicer S©% C®[nSraicltaijal UWaxamym: Yes S®c©f3dl aaid) TMfo Year Optaomal Extenstoins: Yes Guaraa^teed) BeSwerf Wfthm 24-72 Homits? Yes IMmimiiam Orcter? Yes 200 Tons/Piler Quantity: 22 Tons/Dump Exceptions: Cargill, Inc.-Salt, Road Safety may subsequently agree to supply additional tons of product on mutually agreeable terms, on a request-by-request basis. Under no circumstances shall Cargill. Inc. be obligated to pay damages or penalties for failing to supply product in excess of the maximum quantity. sVJame & Address of Bidder: Cargill, Inc.- Salt, Road Safety 24950 Country Club Blvd., Suite 450 IMorth Olmsted, OH 44070 Phone: 800-600-7258 Fax: 888-739-8705 Comtact: Rob Wilder, Customer Care Representative Salt_CustomerCareRoadSafety@Cargill.com Page 2 of 5 City of Brecksville 5/21/2021  delivered ocr 2 1 2021 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2021- Introduced By: Mayor Matthew Castelli A RESOLUTION ACCEPTING THE CONSORTIUM BID OF COMPASS MINERALS AMERICA, INC. FOR UNTREATED SODIUM CHLORIDE FOR THE 2021-2022 SEASON (11/1/2021 - 10/31/2022) WHEREAS, through Resolution 2015-29, the City entered into an agreement with various surrounding municipalities for the purpose of forming a Joint Municipal Improvement Consortium; and WHEREAS, the City may purchase road salt through its membership in the Joint Municipal Improvement Consortium (JMIC) at a lower rate than if purchased on the open market; and WHEREAS, the Consortium has received a bid from Compass Minerals America, Inc., 9900 West 109'*^ Street, Overland Park, KS 66210 for the purchase and delivery of Untreated Sodium Chloride in the amount of $45.97 per ton, dump delivery and $52.97 per ton, piler delivery for the period November 1, 2021, through October 31, 2022, as set forth in Exhibit A attached hereto, determined to be lowest and best bid submitted. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That the bid of Compass Minerals America, Inc., through the Joint Municipal Improvement Consortium, for the supplying of Untreated Sodium Chloride in the amount of $45.97 per ton, dump delivery and $52.97 per ton, piler delivery for the period November 1, 2021, through October 31, 2022, as set forth in Exhibit A attached hereto, is hereby accepted as the lowest and best bid submitted. Section 2: That the Mayor and Finance Director are hereby authorized to enter into a contract with Compass Minerals Americas, Inc., 9900 West 109’^ Street Overland Park, KS 66210, in accordance with Section 1 of this Resolution. Section 3: That there is hereby appropriated from the Street M&R Fund sufficient money to implement this Resolution. Section 4: 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  To supply in accordance with specifications, for a one-year period, the sum of: Cosi ifm Farsi Ymr(11/1/21 - 10/21/22% Untreated Sodium CMorade: $45.97 Per Ton, Dump Delivery $52.97 Per Ton, Filer Delivery Cost lor Farsi Year(11/1/21 - 10/31/22% Treated Sodium Chloride: No Bid No Bid Unfreatedi Sodium Chloride 8®% C©im4rac4iu)a9 ^jini»muiro/'i4®% SMaxsmism: Yes Second) aiJMd Third Year Opaioiraai Extensions: No Gyaranfteed Delivery WUlhm 24-72 Hours? Yes l^lnlmism Order? Yes Quantity: 25 Tons/Dump 400 Tons /Filer Exceptions: Will begin delivery within 24 hours. SsSame & Address of Bidder: Compass Minerals America, Inc. 9900 West 109^^ Street Overland Park, KS 66210 Phone: 800-323-1641 Fax: 913-338-7945 Conteeli: Joel Gerdes, Director of U.S. Highway Sales tiLq.nwavqroup@compassminerals.com - Correspondence iHgj1wavorders@cGmDassminerals..com - Orders Page 3 of 5 City of Brecksville 5/21/2021 •^'1  delivered OCT 2 | 2021 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2021- Introduced By: Mayor Matthew Castell A RESOLUTION ACCEPTING A LIFESAVING EQUIPMENT GRANT FROM FIREHOUSE SUBS PUBLIC SAFETY FOUNDATION WHEREAS, the past year and a half have been difficult for many, impacting first responders and communities across the country. As we continue to battle health crises and natural disasters, front-line heroes constantly expose themselves to dangerous situations, creating a need for updated lifesaving equipment; and WHEREAS, recognizing this need. Firehouse Subs Public Safety Foundation continues to be a valuable resource for first responders across the nation and recently provided up to $20,330.29 grant award to the Middleburg Heights Fire Department: and WHEREAS, this funding will be applied toward the purchase of a Polaris Ranger XP 1000 with Emergency Light Kit, which will be used to ensure greater lifesaving capabilities for first responders in the community. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That the Firehouse Subs Public Safety Foundation grant in an amount up to $20,330.29 is hereby accepted. 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 All Sage Meany McGregor Ference Grech  delivered OCT 2 1 2021 CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2021- Introduced By; Mayor Castelli AN ORDINANCE AMENDING CHAPTER 127 “POLICE DIVISION” OF THE MIDDLEBURG HEIGHTS CODIFIED ORDINANCES TO ESTABLISH THE POSITION OF PART-TIME SCHOOL RESOURCE OFFICER NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS. STATE OF OHIO, AS FOLLOWS: Section 1: That a new section of Chapter 127 shall be enacted to establish the position of Part-Time School Resource Officer under the Police Division and shall read as follows: 127.XX PART-TIME SCHOOL RESOURCE OFFICER The position of part-time School Resource Officer is hereby established to provide a physical secure presence for students, faculty, staff, and visitors to schools located in the City of Middleburg Heights within the Berea City School District, (a) Such employee shall be appointed by the Chief of Police to serve at his or her pleasure. Such employee shall work a flexible schedule up to 29 hours per week during school hours, (b) Salary Grade: 27 (c) The part-time School Resource Officer shall not be entitled to any fringe benefits such as paid holidays, paid vacations, paid sick leave, longevity, hospitalization, or the like, (d) Such employee must have a current Ohio Peace Officers Training Certification and a valid Ohio Driver’s License. Section 2: 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 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