City Council

City of Middleburg Heights, Ohio Council Agenda November 23,2021 7:00 P.M.REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Minutes ofthe Regular Meeting ofNovember 9,2021 COMMUNICATIONS Memorandum from planning commission dated November 11, 2021 recommending approval of Ordinance No. 2021-69,Dakdouk rezoning. Request from MVAH Holding LLC to rezone property on Pearl Road for a senior independent living development. 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  ClT5f OF MIDDLEBURG HEIGHTS, OHIO Council Agenda NOVEMBER 23,2021 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) RESOLUTION NO.2021-90 - INTRODUCED BY COUNCILMAN GRECH An Ordinance rezoning permanent parcel numbers 371-08-012, 371-08-008, 371-08-009, 371- 08-010, 371-08-013, 371-08-014 and 371-08-015 from their present zoning classification OB (Office Building District) and 371-08-011 from its present zoning classification Rl-A (One- Family A Residential District) to SR/LC (Senior Residence/Life Care District). (Omni Senior Living) (First reading and referred to Planning Commission 11/9/21) UN-NUMBERED LEGISLATION INTRODUCED BY COUNCILMAN MEANY An Ordinance authorizing the mayor to enter into an agreement with The Cuyahoga County Board of Health for 2022-2023 Phase II Stormwater Services related to Minimum Control Measure(MCM)#3: Illicit Discharge Detection and Elimination(IDDE). INTRODUCED BY MAYOR CASTELLI A Resolution amending Resolution No. 2021-41 and the agreement with The Albert M. Higley Company to provide construction manager at risk services for the Middleburg Heights Police Station Project, accepting the Guaranteed Maximum Price, and authorizing the mayor to enter into the amended agreement. INTRODUCED BY MAYOR CASTELLI 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 An Ordinance enacting Administrative Code Section 123.XX entitled Assistant Director of Public Service and establishing the full-time position of Assistant Director ofPublic Service.  City of Middleburg Heights, Ohio Council Agenda NOVEMBER 23,2021 PAGES 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. 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 & 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. 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  Boards and Commissions City of Middleburg Heights 15700 Bagley Road • Middleburg Heights, Ohio 44130 • 440-239-6252• Fax 440-234-9092 kearley@middleburgheights.com Kim Earley Norman H. Herwerden Secretary Building Commissioner MEMORANDUM TO; MARY ANN MEOLA,CLERK OF COUNCIL FROM: KIM EARLEY,PLANNING COMMISSION SECRETARY DATE: NOVEMBER 11, 2021 SUBJECT: RESOLUTION 2021-69 At the regularly scheduled Planning Commission meeting on November 10, 2021 members voted to recommend approval of Resolution 2021-69 rezoning Permanent Parcel Number 371- 17-016 from the Motorist Service Zoning District to the General Business Zoning District for Camille Dakdouk, 17791 Sheldon Road. Planning Commission • Board of Zoning and Building Appeals  CITY OF MIDDLEBURG HEIGHTS APPLICATION FOR ZONING CHANGE DATE: 1. NAME OF APPLICANT MVAH Holding LLC ADDRESS OF APPLICANT Centr© PointG Driv6, Suite 210, West Chester, OH 45069 (In the event applicant is not an individual or a corporation traded on any major 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 OWNER MCGINNIS-Bl6iS, LLC ADDRESS OF PROPERTY.OWNER 4233 WILMINGTON RD CLEVELAND, OH 44121 3. PERMANENT PARCEL NUMBER 373-18-015 SUB-LOT NUMBER ADDRESS OF PERMANENT PARCEL NUMBER 7834 Pearl Road, Middleburg Heights,OH 44130 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'-lOO'. Please submit all drawings and maps to be no larger than 8 14" 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 ofthe present and proposed use ofthe 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 (it) lhall be responsible for any representations made in connection with the application for zoning change. Signature of 4pphcant 9100 Centre Pointe Drive, Suite 210, West Chester, OH 45069 Address of Applicant (513)259-7657 Telephone Number of Applicant pete.s@mvahpartners.com Email Address 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 OWNERtSl MUST BE NOTARIZED i 4233 WILMINGTON RD CLEVELAND, OH 44121, SIGNATURE OF PROPER OWNER ADDRESS OF PROPERTY OWNER/PHONE # NAME OF PROPERTY OWNER(PRrN5^”'J‘g!j' fpSLci; SUBSCRIBED AND SWORN TO DAY OF . 2(PA ,BY '{li . (SEAL) ta I i THE s NOTARYPUBLI COMMISSION EXPIRES f IQ I M /^ IDDLEof ♦ ■J EVERYTHING! t 15700 Bagley Ro.\d I Middleburg Heights, OH 44130 440-234-8S11 I MiddleburgHeights.com , Si-fXP. 10-^ o '"(liinii"'  PARTNERS Middlebufg Heights Rezoning Application Attachments 7 & 8: Present & Proposed Use Present Use/Zoning: 7834 Pearl Road is a 5.77-acre vacant, privately o\wned lot. A small portion of the site is zoned RMF- 1 multifamily, and the rest of the site is zoned Rl-A single-family. 7834 Pearl Road is in a highly developed corridor of Middleburg Heights. It is next to Levin Furniture, the newly constructed MetroHealth urgent care, close to thousands of nearby jobs, and within 1 mile of countless restaurants and shopping. Proposed Use/Zoning: We are seeking to construct an age-restricted, 2-3 story ~45 unit senior independent living development. Although we have spoken to Mr. Norm Herwerden, we still wish to obtain further clarification on what zoning would be best. We are assuming RMF-1, RMF-2, or SR/LC senior residence/life care. We will have further conversations with Norm, the mayor, and others in city government to obtain the best zoning classification. The 40-50 unit age-restricted project would feature a mix of 1 and 2 bedrooms, with all units featuring modern/open floor plans, a living area, full-size kitchens, spacious bedrooms, and in-unit laundry connections. All units would feature senior accessibility features, such as grab bars, handicap ramps, and more to ensure maximum independence and keep seniors out of assisted living. The building would also contain a management office, a community room with a kitchenette, computer area, fitness center, a picnic shelter, and community gardens. Other amenities could be added as conceptual plans are created, such as a theater room, dog park, and much more. Security would also be a priority, with secured entry points, parking/entry lighting, fire suppression systems, door peepholes, smoke detectors, and in-unit fire extinguishers. Finally, the development would be constructed to Enterprise Green Community standards and would feature low-impact construction processes and many other sustainable development characteristics. On top of constructing a high-quality, highly energy-efficient building, we also wish to bring seniors the best quality of life possible. The goal is to keep seniors as independent for as long as possible and give them the resources necessary to ensure maximum independence and quality of life. We would work with local stakeholders to identify the optimal nonprofit partner for the development. In partnership with the nonprofit, the development would provide residents access to services such as in-home meals, light housekeeping, transportation, healthcare referrals, and scheduled activity programs. Finally, while most developers sell their projects upon completion, we do not. We retain ownership of our projects forever, and we would do the same with this development. In fact, our very first development in Lawrenceburg, Indiana, is still in our ownership after 25+ years. 7 years ago, we completed an $8,000,000 renovation to the property to assure its quality for the next 25 years. We intend to approach this project with the same goal - owning forever and maintaining to the highest degree and quality. 9100 Centre Pointe Dr., Suite 210 ■ West Chester, Ohio 45069 ■ (513)-964-l 140  CUYAHOGA COUNTY RECORDER PATRICK J.OMALLEY DEQC 021250005 03:2217 PM 200502250828 QUIT CLAIM DEED Marilyn BIoIe, an unmarried Ohio individual , whose address, care of Nicholas Blois, is 7468 Briarcliff Parkway, Cleveland, Ohio 44130, for valuable conderation paid, grants, remises, releases and forever quit-claims to McGinnis- Blois, LLC, an Ohio limited liability company, whose address is 1800 Midland Building, 101 West Prospect Avenue, Cleveland, Ohio 44115, its successors and assigns forever, all such right and title as Marilyn Blois has or ought to have in and to the following real property: See Exhibit »A* Prior Instrument Reference: / v&Uime 66414 , Page 10 . /A IN WITNESS WHEREOF, we have hereunto :t our hands this n day of S^»ten*er, 2002. Ohio individual Nick Bid; Power of Atty dated STATE OF OHIO CUYAHOGA COUNTY BEFORE ME, a(No^ry Public d for said County and State, personally appeared the abovernaiifed Nick Blois,^>(ha acknowledged that he did sign the foregoing instrumenc. on behhlf.^of Maril]^/Blois, and that the same is his free act and deed per Pow^ of Attorn IN TESTIM to set land and official seal, at ,, -AT' day of •eop^mbac^ 2002. Notary Publl!&^ This Instrument spared By; STEmSILAN% NOTARY PUBLIC STATE OFOHD M>CcmnteionEn»re» Uadi&2005 Kenneth B. Liffman, Esq. McCarthy, Debit, Crystal & Liffman Co., LPA 1800 Midland Building 101 Prospect Avenue, West Cleveland, Ohio 44115 (216) 696-1422 G>VUS\&EQn.llFD  LEGAL DESCRIPTION Situated in the Village of Middleburgh Heights, County of Cuyahoga and State of Ohio, and known as being part of Original Middleburgh Township Section No. 6, being further bounded and described as follows: Starting at the intersection of the center line of Pearl Road (the right of way width varies) willi the center line of Main Street (60 feet wide) this said intersection point is known as center line road station 336 x 03.49 on the State of Ohio Department of Highways “Location plan and Center line Survey of Cuy 42-5.18-9.88 thence North 64’ 43’ 49” West 70.55’ to an I.P., which is the principal place of beginning, lliis l.P. is also North 79’ 57’ 28” West 68.16’ from the center line of said Pearl Road, Station 335 x 84.95 and is the intersection of the Northerly right of way line of said Main Street with the Westerly right of way Easement line of said Pearl Road, recorded in Volume 7667, page 734 of Cuyahoga County Records. Thence North 6’ 51’ 38” East ^ng the said Westerly Easement line of said Pearl Road, 281.11’ to an l.P. which is North S3‘^W’ 22” West 71.00’ from the center line station 333 x 0 of said Pearl Road. Thence coft'0n’iiiqfes|4orth 6’ 51’ 38” East along the said Westerly Easement line of said Pearl Road 150.00’ to which is North 83’ 08’ 22” West 71.00 from centerline station 331 x 50.00 of/said Pearl R lence North 12' 05’ 47” East along the said Westerly Easement line of s^d TPe3rt"Ruad'86^4’To an l.P. which intersects the Northerly property line at a point North 83' 08’ 22” West 63.13’ froln^centerline Station 330 x 64.12 of said Pearl Road. Thence North 89’^,52^i”J^estjlong,.the Soufeerly line ofa parcel of land conveyed to the Cleveland ElectricVlluminating Company SeptembeKl^3, 1924, by deed recorded in Volume 3149, Page 67 of tlie Cuyahoga County Records 532^?,^ to an iron pipe which is the Nortli East comer of a partteLtTHanicQnveyed to George WTStrexlp May 24, 1955 by deed recorded in Volume 8416, page 410 of Cuyahdga.County Recoms. 'Hience South 0’ 37’ 47’ West along the Easterly line ofsaid-pargel^of land conveyed to GeofgeA^. Stickle by deed recorded in Volume 8416, Page 4l0 qf CuyahogaC^nty Rreords, and along the second parcel and first parcel of land conveyed to^^ohn Domen aiuLLu^ille Domen August 19, 1954, by deed recorded in Volume 8095, Page 300 offeuy.ajjoga County Rect^ds 512.59’ to an Iron pipe which intersects the Northerly right of way line of shidjylain ^tiW(60 feet wide) thence continuing South 0’ 37’ 41” West 30.00’^o^the-centerline of saTdT^d^Street. Thence South 89’ 54’ 13” East along the centerline of said Maiii’“Stree^533.11’ to’The...gMteptine of said Pearl Road. Thence North 64’ 42’ 49” West 70.55’ to an Iron'-pip^which is th?^pri;icipal place of beginning, to be the same more or less, bursuBjecriO'aU legal highways,^ / / / / PPN: 373-18-015 / y ! rtOuertT KLAI8EH P.E.. fi.S. Legal Oeecrlption compiles With Cuyahoga County Conyoyan' Standarda and la approved I transfer: FEB 25J005 / lenl G:\RAS\RirrER\LESAL.doc Permaf4nt Parcel #;. 373-18.015 Type Instrument: Quit Claim Deed Ex Tax District #: 3220 Date: 2/2512005 3;11:00 PM Tax List Year: 2005 Grantor: Blols Marilyn Land Use Code: sooo Grantee: MCOINNIS-BLOIS, LLC Land Value: 104,700 Balance Assumed. S 0.00 Building Value:0 Total Consideration:{o.oo Conv. Fee Paid:i 0.00 Total Value: 104,700 Transfer Fee Paid: t 0.50 Arms Length Sale: NO Rcpt A-02252005-23 Fee Paid by: CASH Inst#. 143240 Exempt Code: . Check #: CUYAHOGA COUNTY AUDITOR  1. m j L I Him tfiM-' j a mr m s*5 m A, k yA .S«^4SS; i - V \ rsg^' xmy CTlHPKa -!l liMilter m Valentins m m Group scI m. ^feSENCI CLEVE METRO PK U'EREIT REAL-'ESTATE V • ■til■i / /! X K 1EIT k ■r, in^FymiilurijanW MicJdlebiuro  50 UNITS SENIOR HOUSING 3-STORY BLDG SPRAGUE RD  DELIVERED NOV 1 8 2021 CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2021- Introduced By: Mr. Meany. Co-Sponsors: Mr. Ali, Mr. McGregor AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE CUYAHOGA COUNTY BOARD OF HEALTH FOR 2022-2023 PHASE II STORMWATER SERVICES RELATED TO MINIMUM CONTROL MEASURE (MCM)#3: ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE) NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That the Mayor is hereby authorized to enter into an agreement with the Cuyahoga County Board of Health, a copy of which is attached hereto and marked “Exhibit A”, at a cost of $500.00 for calendar year 2022 and a cost of $500.00 for calendar year 2023. 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  EXHIBIT A PHASE n STORMWATER SERVICES AGREEMENT 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 of the State of Ohio organized under the Constitution and Laws of the State of Ohio, and the City of Middleburg Heights, a political subdivision of the State of Ohio organized under the Constitution and Laws of the State of Ohio (“Community”), for and in consideration of the promises, covenants, and conditions hereinafter set forth. WHEREAS: The Cuyahoga Coimty Board of Health is committed to improving the water quality in Cuyahoga County and protecting the health ofthe residents within its jurisdiction; and WHEREAS: In response to the implementation ofthe US EPA’s Phase II Stormwater Regulations on March 10, 2003, the Board has developed its Stormwater Management Program to assist municipalities in Cuyahoga County and Northeast Ohio in creating their stormwater management plans and meeting their required stormwater management goals; and WHEREAS: Each municipality within Northeast Ohio has been issued a Municipal Separate Storm Sewer Systems(MS4)permit by the Ohio EPA which requires each municipality to perform specific functions related to inspecting and monitoring stormwater within the municipality; and WHEREAS: The Board will continue to provide communities Phase II Stormwater services in support of the community’s compliance with the Ohio EPA NPDES General Permit for Municipal Separate Storm Sewer Systems(MS4); and WHEREAS: The Board will continue to provide Phase II Stormwater services to communities whose service areas are located partially or completely outside of the Northeast Ohio Regional Sewer District’s (“District”) Regional Stormwater Management Program area in support of Ohio EPA’s General Permit for Municipal Separate Storm Sewer Systems for Minimum Control Measure(MCM)#3: Illicit Discharge Detection and Elimination (IDDE)programming and MCM #6: Pollution Prevention/Good Housekeeping for Municipal Operations; and WHEREAS: Community has the authority to grant consent and authorizes the Board to perform the services outlined herein; and WHEREAS: Both parties desire to enter this Agreement for the purposes outlined herein. 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). Page 1 of6 (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 failiue is not corrected within said period, the non-breaching party may give written notice of immediate termination; (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 Community 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. 3. CONSENT STATEMENT Being in the public interest, The Community hereby grants consent and authority to the Board to complete the services and work described herein. 4. COOPERATION STATEMENT The Commimity shall cooperate with the Board in the above described project as follows: (a) Provide the Board any maps, assistance, and/or direction to aid in obtaining access and/or collecting samples for testing purposes; (b) Provide the Board aid in accessing and opening storm sewer manholes where and when needed. 5. PAYMENT. (a) Compensation. In consideration for the Phase II Stormwater services described in Exhibit A, which will be provided by the Board to and within the Community,the Community shall pay to the Board the total annual sum of five hundred dollars and no cents ($500.00)for calendar year 2022 and the total amiual sum of five hrmdred dollars and no cents ($500.00)for calendar year 2023 for a total compensation of$1,000.00. The Board shall submit an invoice to the Community for the payment due hereimder. 6. RECORDS. Page 2 of6  (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 ofthis Agreement shall be made available to the Community upon request subject to exceptions listed below. (b) Any non-private health information in confidential records or information in the records created by the Board or that come into the possession ofthe Board under this Agreement shall, ifprovided to the Community, be kept confidential by the Community. (c) The Board is prohibited by State and Federal law fi-om sharing protected health information and said records will not be shared with the Commrmity unless there is compliance with the proper method for release of said information. 7. REPORTS. The Board shall provide reports as specified in the Scope of Work, Exhibit A. 8. 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 of any part of the 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 Community. 9. INDEPENDENT CONTRACTOR. (a) The Board hereby acknowledges that it is an independent contractor and neither it nor its employees or agents are employees of the Community. The Board shall be responsible for the payment or withholding ofany federal, state or local taxes, including, but not limited to, income, unemployment, and workers’ compensation for its employees, and the Community 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 Community are not public employees ofthe Community 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 of this Agreement. Inasmuch as the Community is interested in the Board’s end product, the Community does not control the manner in which the Board performs this Agreement. 10. NOTICES. All notices, invoices and correspondence which may be necessary or proper for either party shall be addressed as follows: TO THE BOARD: Page 3 of6  Cuyahoga County District Board of Health Attention: Terry Allan, Health Commissioner 5550 Venture Drive Parma Ohio 44130 TO THE COMMUNITY: Community of Middleburg Heights Attention: Mayor Matthew Castelli 15700 Bagley Road Middleburg Heights, Ohio 44130 And Community of Middleburg Heights Attention; Director of Law 15700 Bagley Road Middleburg Heights, Ohio 44130 11. 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 executed by electronic means, and that the electronic signatures affixed by the authorized representatives ofthe parties shall have the same legal effect as ifthe signatures were manually affixed to a paper version ofthe 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. 12. 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 contractual 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 oflaws or the legal theory upon which such matter is asserted. 13. SEVERABILITY. If any provision hereof shall be determined to be invalid or unenforceable, such determination shall not affect the validity of the other provisions of this Agreement. Moreover, any provisions that should survive the expiration or termination will survive the expiration or termination ofthis Agreement. 14. AMENDMENT This Agreement shall not be modified except by the express written consent by both parties hereto. 15. WAIVER. Page 4 of6  Waiver by either party or the failxffe by either party to claim a breach of any provision of this Agreement shall not be deemed to constitute a waiver or estoppel with respect to any subsequent breach of any provision hereof 16. 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. 17. COUNTERPARTS 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. 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement ofthe 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 ofthe Effective Date as specified in Section 1 ofthis Agreement. FOR THE BOARD: Approved as to form. Cuyahoga County Board of Health Office of General Counsel Terry Allan By: Health Commissioner Date: Date: FOR THE COMMUNITY: Approved as to form. By: Mayor Director ofLaw Date: Date: Page 5 of6  EXHIBIT A SCOPE OF WORK 1. PROJECT DESCRIPTION The Board and the Community have identified the need for the following described project: • The implementation of Minimum Control Measure(MCM)#3: Illicit Discharge Detection and Elimination(IDDE)programming; 2. BOARD SERVICES 1. The Board will need to verify the Community’s previously identified Municipal Separate Stormwater System outfall locations and update any outfall information that has changed, during the 2022 and 2023 report periods. 2. The Board will monitor the Commimity’s designated Municipal Separate Stormwater System outfall locations during a dry weather period (a minimum of72 hours with no rain event) and sample all of the flowing outfall locations that are outside ofthe Northeast Ohio Regional Sewer District’s Regional Stormwater Management Program area during the 2022 and 2023 report periods. The samples collected will be analyzed for the presence ofE. coli bacteria. 3. The Board will provide the Community an annual summary ofthe work performed as it relates to Minimum Control Measure(MCM)#3: Illicit Discharge Detection and Elimination, which can then be included in the Community’s Phase II Stormwater Annual Report to the Ohio EPA. 4. The Board may request the Community to provide assistance in gaining access to and opening storm sewer manholes where and when deemed necessary for the purpose ofsample collections. Page 6 of6  delivered NOV 1 s ?0?l CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2021- Introduced By: Mayor Matthew Castelli, Mr. Bortolotto, Mr. All, Mr. Sage, Mr. Meany, Mr. McGregor, Mr. Ference, Mr. Grech A RESOLUTION AMENDING RESOLUTION NO. 2021-41 AND THE AGREEMENT WITH THE ALBERT M. HIGLEY COMPANY TO PROVIDE CONSTRUCTION MANAGER AT RISK SERVICES FOR THE MIDDLEBURG HEIGHTS POLICE STATION PROJECT, ACCEPTING THE GUARANTEED MAXIMUM PRICE, AND AUTHORIZING THE MAYOR TO ENTER INTO THE AMENDED AGREEMENT WHEREAS, the City is in need of construction manager at risk services with regard to the design and construction of the Middleburg Heights Police Station Project, and WHEREAS, pursuant to Resolution 2021-41, adopted May 25, 2021, the Mayor and Council determined The Albert M. Higley Company to have submitted the highest ranked proposal for said services, and thus authorized the Mayor to enter into a construction management agreement with The Albert M. Higley Company to provide the required services; and WHEREAS, the City has now negotiated the Guaranteed Maximum Price, in accordance with the agreement, and it is necessary to amend such Agreement to set out the Guaranteed Maximum Price and accept same. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: This Council determines that the Middleburg Heights Police Station Project is a necessary and proper public improvement in that said Project will enhance the provision of health, welfare, and safety services within the City. Section 2; By the adoption of Resolution No. 2021-41 on May 25, 2021, The Albert M. Higley Company was declared to be qualified and the best candidate to provide construction manager at risk services in connection with the Middleburg Heights Police Station Project, and the Mayor was authorized to enter into and negotiate an agreement for construction manager at risk services with The Albert M. Higley Company. Section 3: The agreement was negotiated and executed between the parties, and it is now necessary to amend said agreement to set out and accept the Guaranteed Maximum Price of $5,048,525.00 and the Mayor is authorized to execute said amended agreement. Section 4: That there is hereby appropriated from the Capital Improvements Fund $555,805 and the Finance Director is hereby authorized to advance the same amount from the General Fund to the Capital Improvements Fund to implement this Resolution. Section 5: 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  Delivered novj 8 ?Q?I City of Middleburg Heights, Ohio Ordinance No. 2021- Introduced by: Mayor Matthew Castelli 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 Capital Improvements Fund: Increase Description (Decrease) Capital - Fire - Polaris Ranger XP 1000 (Firehouse Subs Grant) $ 19,165.04 Total Increase to the Capital Improvements Fund $ 19,165.04 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 ofthis 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 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  piRfrHousj^ Firehouse Subs Public Safety Foundation,Inc. 12735 Gran Flay F>k\\y., Suite 150, Jacksonville, I'loiida 32258 MKMO OF UNDERSTANDING- FUNDING AGREEMENT November 4, 2021 Failure to adhere to the requirements ofthis Funding Agreement will jeopardize your grant award. Allpurchaser wiist match the qiicmtitm and etjiiipmeiit approved in the original grant request and approved quote. Firehouse Subs Public Safety Foundation Responsibilities • Firehouse Subs Public Safety Foundation will award funding to City of Mlddleburg Heights, Middleburg Heights, OH for $19,165.04 to be used toward the direct purchase of a Polaris Ranger XP 1000 with Emergency Light Kit. City of Middleburg Heights Responsibilities 1. An ACM transfer will be remitted to the organization name as stated in this memo of understanding and must match the EIN number submitted on the grant request and bank account information listed on the ACH Authorization. Ifthere is a change in either information, you must submit a W-9. 2. Confirm Receipt of ACH Transfer by emailing procurementfoiindation@rirchousesubs.com 1. Purchase the equipment on Approved Quote QUO-23451-J5W5P9 Revision 11: 6 from Polaris 2. Verify Purchase by providing Firehouse Subs Public Safety Foundation with one of the following: o Copies of paid invoices, verifying your organization’s name as the customer and matching the vendor ciuotc(s) OR o A copy ofthe cleared check(s), verifying the payee and payment amount matches the vendor quote(s) 3. Confirm Receipt of Equipment by providing Firehouse Subs Public Safety Foundation with ALL SIGNED and DATED packing slips 4. In the event that the purchased equipment costs less than the dollar amount awarded, all excess hinds must be returned to Firehouse Subs Public Safety Foundation o Email prociircmenlfoundalion@rirehousesubs.coin with notification ofexcess funds within .30 days of purchase o Return Excess Funds within 90 days of purchase to Firehouse Subs Public Safety Foundation, Attention: Gina Brown, 12735 Gran Bay Parkway, Suite 150, Jacksonville, FL 32258 5. If purchases exceed funding, City of Middlebuii; Heights is responsible for the additional amount VERY IMPORTANT^eadllac for f submitted documentation is Marcli 1,2022. 11/8/2021 Firehouse Subs Public Safely Foundation , Date Z,\/0'^ n-u-xi City of Middleburg HeigJits Representative fSiguamre) Date f^C\y City of Middleburg Heights Representative Name(Print) 0^ Date  Polaris Sales Inc., Medina, MN 55340 gov.info@polaris.com Phone: 866-468-7783 Fax: 763-847-8288 www.polaris.com/gov QUOIL Contact Information Name: GALGAS BRIAN! Quote Number: QUO-23451-J5W5P9 Email: bgalgas@middleburgheights.com Revision #: 6 Phone: 4402431313 Date: 11/3/2021 3:28 PM Fax: APPROVED Quote Expires: 12/3/2021 Bill To: Middleburg Heights Fire Department Contract Name: Polaris Direct 15800 BagleyRd. Contract #: Expiration Date: Middleburg Heights, OH 44130 Cage: 3FP69 Ship To: Middleburg Heights Fire Department 15800 BagleyRd. Duns#: 123399383 Tax ID#: 41-1921490 Middleburg Heights, OH 44130 Customer#: Delivery Payment Payment Freight Terms Terms Methods Visa FOB Destination-CONUS 240 Days Net 30 Mastercard US Continental(CONUS)Only Wire Check Item # QTY Description MSRP Discount Price Extended R21RRE99AC 1 RANGER XP 1000 - Ghost White - 49 $17,399.00 $15,150.94 $15,150.94 State 2883978 1 Action - XP lOOO's / Pro XD Standard $4,999.99 $4,014.10 $4,014.10 Emergency Light Kit Comments: Polaris POC - SUBTOTAL $19,165.04 Adam Navarro - Government Sales INSTALL* $0.00 2100 Highway 55, Medina, MN 55340 FREIGHT $0.00 763-101-3686 adam.navarro2(gpolaris.com TAX $0.00 *Installation Pricing is Open Market TOTAL $19,165.04 Acceptance and Pavnieiit Information E •. Quote: Page 1 of 2  Polaris Sales Inc., Medina, MN 55340 gov.info@polaris.com Phone: 866-468-7783 Fax: 763-847-8288 www.polaris.com/gov O OI E To accept the above quotation, please provide a purchase order via email tgov.info@polaris.com1 and include the follow^ing: Bill to Address Billing Phone Number Ship to Address Point of Contact for Delivery Point of Contact F-Mail Point of Contact Phone Quote Number Alternate Point of Contact if applicable If you would like to submit payment via credit card, please call (866)468-7783 to process payment during our hours of operation from 8:30 AM to 4:30 PM CST Monday through Friday. We accept Visa, Mastercard & American Express. Quote: Page 2 of2  delivered NOV 1 0 2021 City of Middleburg Heights, Ohio Ordinance No. 2021- Introduced by: Mayor Matthew Castelli AN ORDINANCE ENACTING ADMINISTRATIVE CODE SECTION 123.XX ENTITLED ASSISTANT BIJUECrOJl OFPUBLICSERVICE AND ESTABLISHING THE FULL-TIME POSITION OF ASSISTANT DIRECTOR OF PUBLIC SERVICE NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS,CUYAHOGA COUNTY,STATE OF OHIO: Section 1, That the Administrative Code Section 123.XX is hereby enacted and shall read as follows: 123.XX FULL-TIME ASSISTANT DIRECTOR OF PUBLIC SERVICE (a) There is hereby established the full-time position of Assistant Director of Public Service. Such employee shall be appointed by the Director of Public Service and shall serve at his or her pleasure. The duties of the Assistant Director of Public Service shall be to assist the Service Director in the operation of the Service Department as determined by the Service Director. (b) Salary Grade: 35 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. PASSED PRESIDENT OF COUNCIL ATTEST: CLERK OF COUNCIL PRESENTED TO MAYOR APPROVED ON; YEAS NAYS BORTOLOTTO ALI MAYOR SAGE MEANY MCGREGOR TERENCE GRECH