City Council

City of Middleburg Heights, Ohio Council Agenda September 12,2023 7:00 P.M.REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Minutes ofthe Special Meeting of July 26,2023 COMMUNICATIONS AUDIENCE PARTICIPATION APPOINTMENTS AND CONFIRMATIONS ORDINANCES.RESOLUTIONS AND MOTIONS 1. City Parks, Recreation & Services Committee- Mr. Ali, Chairman 2. Finance, Taxation & Assessments Committee - Mr. Bortolotto, Chairman 3. Legislation & Rules Committee- Mr. Ference, Chairman 4. Public Health, Safety & Relief Committee- Mr. McGregor, Chairman 5. Public Improvements Committee - Mr. Sage, Chairman 6. Streets, Utilities & Railroad Committee - Mr. Meany, Chairman 7. Zoning & Building Code Committee - Mr. Grech, Chairman MAYOR’S REPORT 1. Law Director 2. Finance Director 3. Recreation Director 4. Economic Development Director 5. Service Director 6. Executive Assistant ADJOURNMENT  City of Middleburg Heights, Ohio Council Agenda SEPTEMBER 12, 2023 PAGE 2 2023 PENDING LEGISLATION UN-NUMBERED LEGISLATION INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO A Resolution authorizing the finance director to request tax advancements before settlement dates and declaring an emergency. INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO A Resolution accepting the amounts and rates as determined by the Budget Commission and authorizing the necessary tax levies and certifying them to the County Fiscal Officer INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO An Ordinance authorizing declarations of official intent under U.S. Treasury regulations with respect to reimbursements from note and bond proceeds of temporary advances made for payments prior to issuance, and related matters, and declaring an emergency. INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO A Resolution authorizing the mayor and finance director to renew the contract with the Cuyahoga County General Health District for public health services. INTRODUCED BY COUNCILMAN McGREGOR An Ordinance amending Section 642.12 "Criminal Trespass” of the Middleburg Heights Codified Ordinances. INTRODUCED BY MAYOR CASTELLI An Ordinance establishing a Sanitary Sewer Backup Reduction Grant Program for residential dwellings in the City of Middleburg Heights.  City of Middleburg Resolution No. 2023- Introduced by: Mr. Bortolotto, Mr. Meany,and Mr. Grech A RESOLUTION AUTHORIZING THE FINANCE DIRECTOR TO REQUEST TAX ADVANCEMENTS BEFORE SETTLEMENT DATES AND DECLARING AN EMERGENCY Whereas, it has been determined that it is advantageous to the city to receive advancements of property taxes before settlement dates, NOW THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS,CUYAHOGA COUNTY,STATE OF OHIO: Section 1. That the Finance Director be authorized to request the Cuyahoga County Fiscal Officer to issue an order on the Treasurer of said county to pay the City of Middleburg Heights such funds from the proceeds of the 2023 tax year collection, including, without limitation, revenues from real property taxes and all special assessments including M565046, M915046 and M925048. Section 2. That 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 codified ordinances and Section 121.22 of the Ohio Revised Code. Section 3. That this resolution is declared to be an emergency measure for the preservation of the public peace, health, and safety of the citizens of the City of Middleburg Heights, Ohio; the immediate emergency being the necessity of collecting these taxes and special assessments as soon as possible. Therefore this resolution shall be in full force and effect and be in force immediately upon its passage and signature by the Mayor. PASSED PRESIDENT OF COUNCIL ATTEST APPROVED ON PRESENTED TO MAYOR MAYOR ROLL CALL YEAS NAYS BORTOLOTTO ALI SAGE MEANY MCGREGOR FERENCE GRECH  City of Middleburg Heights Resolution No. 2023- delivered SEP 0 7 2023 Introduced by: Mr. Bortolotto, Mr. Meany, Mr. Grech RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY FISCAL OFFICER (CITY COUNCIL) Revised Code, Secs. 5705.34-5705.35 The Council of the Cityo;[ Middleburg Heights Cuyahoga County, Ohio, met in session on the day of (Regular Or Special) 2023 , at the office of with the following members present: Mr./Mrs. moved the adoption of the following Resolution: WHEREAS, This Council in accordance with the provisions of law has previously adopted a Tax Budget for the next succeeding fiscal year commencing January 1st, 2023 ; and WHEREAS,The Budget Commission of Cuyahoga County, Ohio, has certified its action thereon to this Council together with an estimate by the County Fiscal Officer of the rate of each tax necessary to be levied by this Council, and what part thereof is without, and what part within the ten mill tax limitation; therefore, be it RESOLVED, By the Council of the City of Middleburg Height s , Cuyahoga County, Ohio, that the amounts and rates, as determined by the Budget Commission in its certification, be and the same are hereby accepted; and be it further RESOLVED, That there be and is hereby levied on the tax duplicate of said City the rate of each tax necessary to be levied within and without the ten mill limitation as follows:  SCHEDULE A I SUMMARY OF AMOUNTS REQUIRED FROM GENERAL PROPERTY TAX APPROVED BY BUDGET COMMISSION AND COUNTY FISCAL OFFICER'S ESTIMATED TAX RATES Amount County Fiscal Officer's 1 Amount to Be Approved by Estimate of Tax FUND Derived from Budget Com Rate to be Levied Levies Outside mission Inside Inside Outside 10 M. Limitation 10 M, Limitation 10 M. Limit 10 M. Limit Column II Column IV V VI General Fund 3.75 0.00 General Bond Retirement Fund 0.10 0.00 Police Pension 0.30 Park Fund 0 00 Recreation Fund Fire Pension Fund 0.30 Southwest Hospital Fund '.00 Fund TOTAL $0 $0 4.45 1.00  SCHEDULE B ( LEVIES OUTSIDE 10 MILL LIMITATION, EXCLUSIVE OF DEBT LEVIES Maximum Ratal Co.Fiscal Officer’s Authorized Est.of Yield of Levy FUND to Be Levied (Carry to Schedule A, Column II) GENERAL FUND: Current Expense Levy authorized by voters on ,20 for not to exceed years. Current Expense Levy authorized by voters on ,20 for not to exceed years. Total General Fund outside 10m. Limitation. Park Fund: Levy authorized by voters on ,20 for not to exceed years. Recreation Fund: Levy authorized by voters on ,20 for not to exceed years. Fund: Levy authorized by voters on for not to exceed years. Fund: Levy authorized by voters on ,20 for not to exceed years. Fund: Levy authorized by voters on ,20 for not to exceed years, Fund: Levy authorized by voters on ,20 for not to exceed years. and be it further RESOLVED,That the Clerk of this Council be and he is hereby directed to certify a copy of this Resolution to the Fiscal Officer of said County. Mr./Mrs. seconded the Resoiution and the roll being called upon its adoption the vote resulted as follows: Mr./Mrs. Mr./Mrs. Mr./Mrs, Adopted the day of ,20 Attest: President of Council Clerk of Council Mayor  CERTIFICATE OF COPY -1 ORIGINAL ON FILE The State of Ohio, County, ss. I, , Clerk of the Council of the City of within and for said County, and in whose custody the Files and Records of said Council are required by the Laws of the State of Ohio to be kept, do hereby certify that the foregoing is taken and copied from the original now on file, that the foregoing has been compared by me with said original document. and that the same is a true and correct copy thereof. WITNESS my signature, this day of .20. Clerk of Council No. COUNCIL OF THE CITY OF County, Ohio. RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY FISCAL OFFICER (City Council) Adopted ,20 Clerk of Council Filed ,20 County Fiscal Officer By Deputy  delivered SEP 0 7 2023 CITY OF MIDDLEBURG HEIGHTS,OHIO Ordinance No. 2023- Introduced by; Mr. Bortolotto, Mr. Meany, and Mr. Grech AN ORDINANCE AUTHORIZING DECLARATIONS OF OFFICIAL INTENT UNDER U.S. TREASURY REGULATIONS WITH RESPECT TO REIMBURSEMENTS FROM NOTE AND BOND PROCEEDS OF TEMPORARY ADVANCES MADE FOR PAYMENTS PRIOR TO ISSUANCE, AND RELATED MATTERS,AND DECLARING AN EMERGENCY. WHEREAS, United States Treasury Regulations §1.150-2 (the “Reimbursement Regulations”) prescribe conditions under which proceeds of bonds, notes or other obligations (“Bonds”) used to reimburse advances made for capital and certain other expenditures (“Original Expenditures”) paid before the issuance of such Bonds will be deemed to be expended (or properly allocated to expenditures) for purposes of Sections 103 and 141-150 of the Internal Revenue Code of 1986, as amended (the “Code”), upon such reimbursement so that the proceeds so used will no longer be subject to requirements or restrictions under those sections ofthe Code; and WHEREAS,certain provisions ofthe Reimbursement Regulations require that there be a Declaration of Official Intent not later than 60 days following payment of the Original Expenditures expected to be reimbursed from proceeds of Bonds, and that the reimbursement occur within certain prescribed time periods after an Original Expenditure is paid or after the property resulting from that Original Expenditure is placed in service; and WHEREAS,this Council wishes to take steps to comply with the Reimbursement Regulations; NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, COUNTY OF CUYAHOGA,STATE OF OHIO,THAT: Section 1. Definitions. The following definitions apply to the tenns used herein: “Authorized Officer” means the Mayor or Director of Finance or any person designated for the purpose by the Mayor or Director of Finance. “Declaration of Official Intent” means a declaration of intent, in the fomi, manner and time contemplated in the Reimbursement Regulations, that the advances for expenditures referred to therein are reasonably expected to be reimbursed from the proceeds of Bonds to be issued after those expenditures are paid. “Reimbursement” or “reimburse” means the restoration to the City of money temporarily advanced from its own funds and spent for Original Expenditures before the issuance of the Bonds, evidenced in writing by an allocation on the books and records of the City that shows the use of the proceeds of the Bonds to restore the money advanced for the Original Expenditures, “Reimbursement” or “reimburse” generally does not include the refunding or retiring of Bonds previously issued and sold to, or borrowings from, unrelated entities. Section 2. Authorization and Requirement of Declarations of Official Intent. Each Authorized Officer is authorized to prepare and sign Declarations of Official Intent in substantially the fonn attached with respect to Original Expenditures to which the Reimbursement Regulations apply, to be made from money temporarily advanced and that is reasonably expected to be reimbursed (in accordance with applicable authorizations, policies and practices) from the proceeds of Bonds, to make appropriate reimbursement and timely allocations from the proceeds ofthe Bonds to reimburse such Original Expenditures, and to take any other actions as may be appropriate, all at the times and in the manner required under the Reimbursement Regulations in order for the reimbursement to be treated as an expenditure of such proceeds for purposes of Sections 103 and 141 to 150 of the Code. No advance from any fund or account or order for payment may be made for Original Expenditures (other than expenditures excepted from such requirement under the Reimbursement Regulations)that are to be reimbursed subsequently from proceeds of Bonds unless a Declaration of Official Intent with respect thereto is made within the time required by the Reimbursement Regulations. Section 3. Prior Acts Ratified and Confirmed. Any actions previously taken by City officials or agents ofthe City in furtherance ofthe matters set forth in this Ordinance are hereby approved, ratified and confinned. Section 4. Compliance with Open Meeting Requirements. This Council finds and determines that all fonnal actions ofthis Council and any ofits conunittees concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council or its committees, and that all deliberations of this Council and any of its committees tlrat resulted in those fomial actions were in meetings open to the public in compliance with the law,including Chapter 107 ofthe City’s Codified Ordinances and Section 121.22 of the Revised Code. Section 5. Captions and Headings. The captions and headings in this Ordinance are solely for convenience ofreference and in no way define, limit or describe the scope or intent ofany Sections, subsections, paragraphs, subparagraphs or clauses hereof Reference to a Section means a section of this Ordinance unless otherwise indicated. Section 6. Declaration of Emergency; Effective Date. This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the City and for the further reason that this Ordinance is required to be immediately effective so that such Original Expenditures to be reimbursed are immediately necessary for such preservation and the Reimbursement Regulations require timely Declaration of Official Intent in order to qualify such Original Expenditures for reimbursement from the proceeds of Reimbursement Bonds; wherefore, this Ordinance shall be in full force and effect immediately upon its passage and approval by the Mayor. 2 Passed: President of Council Attest: Clerk of Council Approved On: Presented to Mayor: Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Grech 3  DECLARATION OF OFFICIAL INTENT For Reimbursement of Expenditures from Bonds/Notes This is a Declaration of Official Intent under U.S. Treasuiy Regulations for purposes of Sections 103 and 141 to 150 of the Internal Revenue Code of 1986, as amended (the “Code”). 1. The undersigned, on behalf of City of Middleburg Heights, Ohio (the “Borrower”), declares that the Borrower reasonably expects that the capital expenditures described in paragraph 2(the “Projecf’) will be reimbursed with the proceeds of“bonds”(as defined in Section 150 of the Code). The maximum principal amount of bonds expected to be issued for the Project is $ . 2. Description of capital expenditures to be reimbursed. [Complete either thefirst option or the second option but do not use the second option unless thefunctional purpose ofthefund or account is generally descriptive ofthe purpose ofthe expenditures.] Expenditures for (insert a general functional description of property, project, program or purpose): [OR] Expenditures initially made from and to be reimbursed to the fund or account entitled , the general functional purpose of which fund or account is The undersigned has been authorized by the Borrower to make and sign tlris Declaration on behalf of the Borrower. Date of Declaration: CITY OF MIDDLEBURG HEIGHTS,OHIO ,, 202. By: (Signature) Title: (Type or print Title) Caution: This Declaration of Official Intent will not be effective unless the bonds providing moneys for the reimbursement are issued and tl^ reimbursement for the Project described above is made (by an allocation on the books and records identifying the expenditures as in paragraph 2 above) within the applicable period prescribed in the Treasury Regulations - generally, 18 months after the later of the date of the expenditure or the date the Project is placed in service, but in no event later than three years after the date of the expenditure. 4  BEUVEREo SEP CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2023- Introduced By: Mr. Bortolotto, Mr. Meany, Mr. Grech A RESOLUTION AUTHORIZING THE MAYOR AND FINANCE DIRECTOR TO RENEW THE CONTRACT WITH THE CUYAHOGA COUNTY GENERAL HEALTH DISTRICT FOR PUBLIC HEALTH SERVICES WHEREAS, Chapter 3709 of the Ohio Revised Code stipulates that each city in the State of Ohio must provide health services either through a city health district or by a valid contract with the county health district; and WHEREAS, the City has continued to have a valid contract with the Cuyahoga County General Health District as required by Ohio law; and WHEREAS, the City’s contract with the Cuyahoga County General Health District for Public Health Services will expire on December 31, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS; Section 1: That the Mayor and Finance Director are hereby authorized to enter into a contract with the Cuyahoga County General Health District for providing public health services from January 1, 2024, through December 31, 2025, in the amount of $116,029.00 for calendar year 2024 and $128,032.00 for calendar year 2025, a copy of which is attached hereto and marked “Exhibit A”. Section 2: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Passed: President of Council Presented to Mayor: Mayor Attest: Approved On; Clerk of Council Yea Nay Bortolotto Ali Sage Meany McGregor Ference Grech  PUBLIC HEALTH SERVICES AGREEMENT (City with a General Health District - Authority-Sec. 3709.08 O.R.C.) This Agreement is entered into on the 1®' day of January, 2024 (“Effective Date”) by and between the Cuyahoga County Board of Health (the "Board"), a separate political subdivision ofthe State of Ohio organized under the Constitution and Laws ofthe State of Ohio,and the City of Middleburg Heights, a political subdivision, with its principal office located at 15700 E. Bagley Road, Middleburg Heights, Ohio 44130 (the “City”), for and in consideration of the promises, covenants, and conditions hereinafter set forth. WHEREAS,Cuyahoga County General Health District is a general health district as defined under Ohio Revised Code(ORC)Section 3709.01 and is endowed with all of the statutory and other authority granted to it by reason ofthe Ohio Statutes as amended from time to time by the State Legislature; and WHEREAS,the City has continued to have a city public health district as required by Ohio law; and WHEREAS,pursuant to ORC Section 3709.01, each city in the State constitutes a health district and each county is a "general health district," and as provided for in ORC Sections 3709.051, 3709.07, and 3709.10, there may be a union of a general health district and a city health district; and WHEREAS, ORC Section 3709.08 authorizes cities and villages in Cuyahoga County to enter into an Agreement with the Cuyahoga County General Health District on certain terms and conditions; and WHEREAS,the District Advisory Council of the Cuyahoga County General Health District, created by ORC 3709.03, after giving due notice by publication as required by law, held a public meeting on March 30,2023 at which by a majority vote of members representing the townships and villages of said county, did vote affirmatively on the question of providing public health services to the cities in Cuyahoga County, and did authorize the Chairman of the District Advisory Council to enter into an Agreement with the Mayor of the City for providing public health services therein; and WHEREAS,the Board is engaged in the governance of providing public health services as described in this Agreement, has the knowledge, skill, and resources to provide such services, and desires to perform such services for or on behalf of the Board for the City; and WHEREAS,the City is willing to enter into an Agreement with the Board to provide such services in accordance with the terms and conditions of Ohio law and this Agreement. NOW,THEREFORE,it is mutually agreed by and between the parties hereto as follows: 1. EFFECTIVE DATE,TERM AND TERMINATION. (a) Effective Date,Term. This Agreement shall commence on the Effective Date first stated above and shall continue through December 31, 2025, unless earlier terminated pursuant to Section 1(b). (b) Termination. This Agreement may be terminated upon the occurrence of one of the following events; (i) Failure for any reason of the either party to fulfill its obligations under this Agreement, after written notice is provided by the non-breaching party of such failure providing at least ninety (90) days for the breaching party to correct any such failure, and if such failure is not corrected within said period, the non-breaching party may give written notice ofimmediate termination; Page 1 of7  (ii) Upon nine (9) months written notice, or on or before April 1 of the year prior to termination by either party for any reason. 2. THE SERVICES. (a) Scope of Services. Subject to the terms and conditions contained in this Agreement and its exhibits, the Board will provide to the City and, as applicable, to all persons receiving the direct services provided for herein, the Services that are set forth and described in the Scope of Work(SOW)attached as Exhibit A, which Exhibit is incorporated herein. (b) Unless otherwise agreed by the Parties in writing, all transactions for Services through Board will be provided in accordance wiA the provisions of Ohio law and/or this Agreement, including any revisions of the same, as both Parties may from time to time execute to document the addition, revision, or enhancement of Services. (c) Standard of Performance of Services. The Board will devote such time and will use its best efforts as necessary to perform the Services in a professional manner that: (i) is consistent with the standards of its industry and in a good and workmanlike manner, and (ii) utilizes the care, skill, and diligence normally applied by other similar boards of health in the performance of services similar to the Services. (d) The City shall provide suitable space for the Board employees who make regular visits to the City on a daily or weekly basis. 3. PAYMENT. (a) Compensation. Compensation is based on the ten (10) year census population estimate for the City and a per capita rate established by the Board. The per capita rate is the same rate applied to all Villages, Townships in the general health district as well as for all cities that enter into a Public Health Services Agreement with the Board. The most recent ten (10) year census for population in the City dated September 2021, is 16,004 residents. The current per capita rate established by the Board is $7.25 per capita for calendar year 2024 and $8.00 per capita for calendar year 2025. The total amount due based on the per capita rate will be One Hundred Sixteen Thousand Twenty Nine Dollars and No Cents ($116,029.00) for calendar year 2024 and be One Hundred Twenty Eight Thousand Thirty Two Dollars and No Cents ($128,032.00)for calendar year 2025. The Board reserves the right to change its per capita rate, as considered on an annual basis, based on current economic conditions and public health needs. In the event that the Board votes to make a change in the per capita rate, said change shall be limited to annual rates effective on January 1 for the following calendar year. The Board shall provide notice ofthe change in the per capita rate for the coming calendar year on or before October 31 st ofthe current calendar year. (b) In consideration for the health services described in Exhibit A, which will be provided by the Board to and within the City,the City shall pay to the Board the total annual sum ofOne Hundred Sixteen Thousand Twenty Nine Dollars and No Cents($116,029.00)for calendar year 2024 and the total annual sum of One Hundred Twenty Eight Thousand Thirty Two Dollars and No Cents($128,032.00)for calendar year 2025. The City hereby directs the Fiscal Officer of Cuyahoga County to place to the credit ofthe Board and the Fiscal Office of Cuyahoga County is hereby authorized and directed to deduct the sum stated above in equal, semi-annual installments of Fifty Eight Thousand Fourteen Dollars and Fifty Cents ($58,014.50) from the regular property tax settlement to be made for said City for calendar year 2024 and Sixty Four Thousand Sixteen Dollars and No Cents ($64,016.00)from the regular property tax settlement to be made for said City for calendar year 2025. Page 2 of7 4. RECORDS. (a) The Board shall maintain copies of all reeords created or received by the Board in the performance of the work under this Agreement as required by Ohio’s public records law. Any records created or received as a part of this Agreement shall be made available to the City upon request subject to exceptions listed below. (b) Any non-private health information in confidential records or information in the records created by the Board or that come into the possession of the Board under this Agreement shall, if provided to the City, be kept confidential by the City. (c) The Board is prohibited by State and Federal law from sharing protected health information and said records will not be shared with the City unless there is compliance with the proper method for release of said information. 5. REPORTS. The Board shah provide semi-annual written reports to the City regarding the work conducted and services provided on behalf ofthe City under this Agreement. Such Reports shall be in a form as is provided to all political subdivisions for which the Board provides Agreement services. 6. NO ASSIGNMENT,TRANSFER,OR SUBAGREEMENT. In perfonning the services specified under the terms of this Agreement, the Board shall not assign, transfer, or delegate any of the work or services, nor subcontract the work out to any other entity, nor shall any subcontractor commence performance of any part ofthe work or services included in this Agreement, unless such subcontracting is specified in this Agreement or its Exhibits, or unless prior written consent is provided by the City. 7. INDEPENDENT AGREEMENTOR. (a) The Board hereby acknowledges that it is an independent contractor and neither it nor its employees or agents are employees of the City. The Board shall be responsible for the payment or withholding of any federal, state or local taxes, including, but not limited to, income, unemployment, and workers’ compensation for its employees, and the City will not provide, or contribute to any plan which provides for benefits, including but not limited to unemployment insurance, workers’ compensation, rethement benefits, liability insurance or health insurance. All individuals employed by the Board provide personal services to the City are not public employees of the City under Ohio state law. (b) No agency, employment, joint venture or partnership has been or will be created between the parties pursuant to the terms and conditions of this Agreement. Inasmuch as the City is interested in the Board’s end product, the City does not control the manner in which the Board performs this Agreement. 8. NOTICES. All notices, invoices and correspondence which may be necessary or proper for either party shall be addressed as follows; TO THE BOARD: Cuyahoga County Board of Health Attention: Roderick Harris, Health Commissioner 5550 Venture Drive Parma, Ohio 44130 Page 3 of 7  TO THE CITY: City of Middleburg Heights Attention: Mayor Matthew J. Castelli 15700 E. Bagley Road Middleburg Heights, Ohio 44130 And City of Middleburg Heights Attention: Director of Law 15700 E. Bagley Road Middleburg Heights, Ohio 44130 9. EFFECT OF ELECTRONIC SIGNATURE By entering into this Agreement, the parties agree that this transaction may be conducted by electronic means, including, without limitation, that all documents requiring signatures by the parties may be executed by electronic means, and that the electronic signatures affixed by the authorized representatives of the parties shall have the same legal effect as if the signatures were manually affixed to a paper version of the documents. The parties also agree to be bound by the provisions of Chapter 1306 of the Ohio Revised Code as it pertains to electronic transactions. 10. APPLICABLE LAW AND VENUE Any and all matters of dispute between the Parties to this Agreement whether arising from the Agreement itself or arising from alleged extra 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, constraed, and enforced in accordance with the Laws of the State of Ohio, without regard to the conflict of laws or the legal theory upon which such matter is asserted. 11. SEVERABILITY. If any provision hereof shall be determined to be invalid or unenforceable, such determination shall not affect the validity ofthe other provisions of this Agreement. Moreover, any provisions that should survive the expiration or termination will survive the expiration or termination of this Agreement. 12. AMENDMENT This Agreement shall not be modified except by the express written consent by both parties hereto. 13. WAIVER. Waiver by either party or the failure by either party to claim a breach of any provision of this Agreement shall not be deemed to constitute a waiver or estoppel with respect to any subsequent breach of any provision hereof. 14. FORCE MAJEURE. Neither party shall be liable for any delay or failure to perform any duty or obligation it may have pursuant to this Agreement where such delay or failure has been occasioned by any act of God, fire, strike, inevitable accident, war or any cause outside the party's reasonable control. 15. COUNTERPARTS Page 4 of? This Agreement may be executed in several counterparts, each of which shall be deemed to be an original copy, and all of which together shall constitute one Agreement binding on all parties hereto, notwithstanding that all the parties shall not have signed the same counterpart. 16, ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties with respect to its subject matter, and supersedes all prior and contemporaneous agreements, representations or understandings, whether written or oral, as to the same. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representative to be effective as of the Effective Date as specified in Section 1 ofthis Agreement. FOR THE BOARD: Approved as to form. Cuyahoga County Board of Health Office of General Counsel Mayor David Smith, President District By: Advisory Council Date: Date: FOR THE CITY: Approved as to form. By: Mayor Matthew J. Castelli Director of Law Date: Date: Pages of?  EXHIBIT A SCOPE OF WORK The General Health District of Cuyahoga County, Ohio, hereby agrees to provide health services for the City of «CITY» for the calendar years 2024 and 2025 as set forth below (“Services”). The Board shall have full authority to be and act as the public health authority for the City. >j The Services described in the schedule listed below in this Exhibit will be provided by the District Board of Health of Cuyahoga County(“Board”) to the City. The Services will include all necessary medical, nursing, sanitary, laboratory and such other health services as are required by the Statutes ofthe State of Ohio. Air pollution enforcement services, as described in Chapter 3704 of the Ohio Revised Code (“ORC”), will be conducted through the designated agent, the Cleveland Division of Air Pollution Control, not by the Board. This authorization is contingent upon renewal of the Agreement between the Ohio EPA and the City of Cleveland and satisfactory performance of the Agreement terms and conditions regarding air pollution control in Cuyahoga County. The Board of Health reserves the right to alter, modify or amend this Agreement provision with notice to the City. .• The following specific services shall be a part of the Services provided under this Agreement: List of Functions, Programs and Services Animal Control and Shelter: Rabies Surveillance - Animal bite follow up Environmental Health - State Programs: Food Service Operation Licensing/ Inspection/Education Retail Food Establishment Licensing & Inspection. Sc^Lool Facilities Inspection Smoke Free Workplace Enforcement Public Swimming Pool & Spa Licensing & Inspection Tattoo & Body Piercing Enforcement Temporary Park Camp Licensing/Inspection/Enforcement Clean Indoor Air Regulation - complaint based response Home Day Care Inspections - USDA Inspections Only/Fee for Service Nuisance & Vector Control Residential Housing/Commercial Building Inspection - complaint based response Solid Waste Enforcement West Nile Virus Prevention/Mosquito Control Animal Venue Licensing/Inspection/Enforcement Emergency Preparedness: Public Health Emergency Preparedness(PHEP) Planning and Cities' Readiness Initiative activities Emergency Management Committee - participation Page 6 of7  Development of Local Emergency Response Plan - participation Community Outreach and Education ■ Northeast Ohio Regional Public Health Partnership - participation Epidemiology, Surveillance, Investigation Services: Reportable Infectious Disease investigation and follow-up (excluding HIV/AIDS; STD; TB) Disease Outbreak Management Regional Infection Control Committee - participation NEO Regional. Epidemiology Response Team - participation Nursing Services: Health Promotion: First Aid/Communicable disease classes - fee for service Cleveland Safe Kids Coalition - participation Immunization Program: Childhood and Adult Vaccine Administration Services - Fee for Service. Most insurance accepted, by appointment. Charges may be waived for inability to pay. Seasonal Influenza vaccine clinics - Fee for Service, most insurance accepted. Immunize Ohio- participation Jail Inmate Health Services: Jail Inspection - provided once annually Lead Poisoning Prevention: Pediatric blood lead testing - Fee for Service. Charges may be waived for inability to pay ■Case management Environmental Assessment - Limited fee for service Community Education and Outreach Greater Cleveland Healthy Homes Advisory Council Occupational Health: Immunizations and Tuberculosis screenings - Fee for Service Bureau for Children with Medical Handicaps (BCMH) Public Health Nursing Services Administrative Services: Administration Grant Writing & Management Budget Records Management Accounts Payable, Accounts Receivable Data Entry & Program Management Reports - Financial & Statistical Payroll The Board maintains a range of grant funded programs for citizens throughout the County who are income qualified. THE BOARD RESERVES THE RIGHT TO AMEND THIS EXHIBIT AT ANYTIME PRIOR TO AUTHORIZATION OF THE CITY COUNCIL AND THE BOARD OF HEALTH ANNUALLY. Page 7 of 7  delivered SEP 0 ] 2023 CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2023- Introduced By: Mr. McGregor Co-Sponsors: Mr. Sage, Mr. Bortolotto AN ORDINANCE AMENDING SECTION 642.12 “CRIMINAL TRESPASS” OF THE MIDDLEBURG HEIGHTS CODIFIED ORDINANCES NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That Section 642.12(a) “Criminal Trespass” shall be amended to add a new subsection to read as follows: (6) Enter, loiter, or remain in the building or upon the grounds of any school, in violation of the rules and regulations of the Board of Education of the Berea City School District. 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 Attest: Clerk of Council Approved On: Presented to Mayor: Yea Nay Mayor Bortolotto All Sage Meany McGregor Ference Grech  delivered SEP J 7 2023 CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2023- Introduced By: Mayor Matthew Castelli AN ORDINANCE ESTABLISHING A SANITARY SEWER BACKUP REDUCTION GRANT PROGRAM FOR RESIDENTIAL DWELLINGS IN THE CITY OF MIDDLEBURG HEIGHTS WHEREAS, the City of Middleburg Heights is committed to helping residents reduce the chances of flooding; and WHEREAS, the City has developed a plan to diagnose sewer-related problems our residents are facing and to assist residents who desire to protect their home from sewer backup during a heavy rain event; and WHEREAS, the program’s intent is to offset a portion of the expense that a homeowner will incur to modify the residential plumbing systems to provide sewer backup protection by installing sewer backflow preventers, lining of sanitary sewer laterals, replacement of sanitary sewer laterals, cross connections elimination or other similar sewer backup protection measures approved by the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That there is hereby established a Sanitary Sewer Backup Reduction Grant Program to provide financial assistance to owners of residential dwellings in the City of Middleburg Heights in their efforts to protect their homes from sewer backup. Section 2: That there is hereby appropriated $100,000 (One hundred thousand dollars) from the Street/Infrastructure Improvement Fund to implement this Ordinance. Section 3: 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 Attest: Clerk of Council Approved On: Presented to Mayor: Mayor Yea Nay Bortolotto AN Sage Meany McGregor Ference Grech