SANDUSKY CITY COMMISSION REGULAR SESSION AGENDA January 27, 2014 at 5 p.m. (Tour of City Hall begins at 4:15 p.m.) City Hall, 222 Meigs Street

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1 SANDUSKY CITY COMMISSION REGULAR SESSION AGENDA January 27, 2014 at 5 p.m. (Tour of City Hall begins at 4:15 p.m.) City Hall, 222 Meigs Street INVOCATION PLEDGE OF ALLEGIANCE CALL TO ORDER ROLL CALL J. Farrar, K. Grohe, D. Murray, W. Poole, J. Smith, N. Twine & Dick Brady APPROVAL OF MINUTES January 13 & January 16 AUDIENCE PARTICIPATION PRESENTATIONS COMMUNICATIONS Agenda items listed below only (3 minute limit) Derek S. Merrin, Northwest Ohio Regional Liaison, Ohio Auditor of State Dave Yost Auditor of State Award with Distinction George Poulos, Chief Building Official (4:15 p.m.) Dennis Burns, Project Manager & Regional VP Kimley Horn & Associates Motion to accept all communications submitted below CURRENT BUSINESS ITEM #1 Submitted by Anna Enderle, Assistant Planner SUBRECIPIENT AGREEMENT WITH COMMUNITY ACTION COMMISSION Budgetary Information: The City of Sandusky will award the Community Action Commission of Erie, Huron and Richland Counties, Inc. (CACEHR) $100,000 to provide emergency home repairs and accessibility modifications to low and moderate income single family homeowners in Sandusky under the rules and regulations of the Community Development Block Grant program. The maximum assistance is $7,999 per household. CACEHR is providing $31,716 from other local and government program funding sources. There is no impact to the city s general fund. ORDINANCE NO. : It is requested an ordinance be passed authorizing and directing the city manager to enter into a subrecipient agreement with the Community Action Commission of Erie, Huron and Richland Counties, Inc., and to expend an amount not to exceed $100,000 from the FY 2013 Community Development Block Grant funds; and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter. ITEM #2 Submitted by Victoria Kurt, Recreation Program Supervisor SUBMISSION OF GRANT APPLICATIONS FOR RECREATION PROGRAMS Budgetary Information: There is no budgetary impact. These grants require no matching funds from the city and will be used as partial funding for the costs of the projects. If grants are denied, the Take the Kids Fishing event and summer playground program will still occur, but will cause downsizing of activities, equipment and supplies in order to fit the Recreation Department s budget. RESOLUTION NO. : It is requested a resolution be passed approving the submission of grant applications to the Sandusky/Erie County Community Foundation and the Wightman Wieber Foundation for the Recreation Department and, if awarded, authorizing the city manager to execute any required agreements; and declaring that this resolution shall take immediate effect in accordance with Section 14 of the city charter. ITEM #3 Submitted by Victoria Kurt, Recreation Program Supervisor LEASE AGREEMENT FOR DORN COMMUNITY PARK CONCESSION AREA Budgetary Information: The agreement will not result in any additional budgetary expenses. The city will benefit from the agreed upon rental fee income of $70 per month and electric service reimbursement of $30 per month. ORDINANCE NO. : It is requested an ordinance be passed authorizing and directing the city manager to enter into a lease agreement with Connie Weyer d.b.a. Ma Da & Dewey for the Dorn Community Park concession area beginning March 15, 2014 through August 15, 2014; and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter. ITEM #4 Submitted by Aaron M. Klein, P.E. STATE ROUTE 2 PREVENTATIVE MAINTENANCE PROJECT Budgetary Information: This work will take place at no cost to the city. RESOLUTION NO. : It is requested a resolution be passed adopting the consent legislation submitted by the Director of the Ohio Department of Transportation for the preventative maintenance project on State Route 2, PID #79851, ERI SR PM; authorizing and directing the city manager to sign the consent legislation and to execute any necessary contracts with the Director of Transportation to complete the project; and declaring that this resolution shall take immediate effect in accordance with Section 14 of the city charter.

2 ITEM #5 Submitted by Aaron M. Klein, P.E. LICENSE FOR ENCROACHMENT WITH SANDUSKY RENAISSANCE PROPERTIES, LLC FOR 215 EAST WATER STREET Budgetary Information: There is no budgetary impact with this item. ORDINANCE NO. : It is requested an ordinance be passed authorizing the city manager to enter into a license agreement with Sandusky Renaissance Properties, LLC to provide for the use of a certain portion of the city s rights ofway as described in the grant of a license for encroachment, a copy of which is attached to this ordinance, marked Exhibit 1 and incorporated herein; and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter. ITEM #6 Submitted by Aaron M. Klein, P.E. SUBMERGED LANDS LEASE FOR CURRAN STREET Budgetary Information: The city will be required to pay $1 each year to the Ohio Department of Natural Resources to maintain this lease. RESOLUTION NO. : It is requested a resolution be adopted pursuant to Section of the Ohio Revised Code finding and determining that based upon the representations and application filed by the City of Sandusky, the use and development of the territory so described, a submerged lands lease may be entered into by the State s Director of Natural Resources. ITEM #7 Submitted by Aaron M. Klein, P.E. MEMORANDUM OF AGREEMENT WITH ERIE SOIL & WATER CONSERVATION DISTRICT FOR 2014 NPDES PHASE II Budgetary Information: The annual amount for continuing to participate with the Erie County National Pollutant Discharge Elimination System Phase II program is $10,000. The annual cost will be paid with sewer funds. ORDINANCE NO. : It is requested an ordinance be passed authorizing and directing the city manager to enter into a Memorandum of Agreement with the Erie Soil & Water Conservation District for participation in the Erie County National Pollutant Discharge Elimination System Phase II program; and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter. ITEM #8 Submitted by Jane E. Cullen, P.E. RESOLUTION OF NECESSITY FOR CAMP STREET UNDERPASS REHABILITATION PROJECT Budgetary Information: The engineer s estimate for the total project cost including engineering, inspection, testing, advertising and miscellaneous expenses are $1,959, ODOT will fund 80% of the eligible costs in the amount of $1,551, The city s 20% share of the eligible costs will be funded by the sewer fund in the amount of $133, and the capital fund in the amount of $254, The remaining costs are 100% the city s responsibility in the amount of $20, and will be paid with Community Development Block Grant funds. RESOLUTION NO. : It is requested a resolution be passed declaring the necessity for the city to proceed with the proposed Camp Street underpass rehabilitation project; approving the specifications and engineer s estimate of cost thereof; and directing the city manager to advertise for and receive bids in relation thereto; and declaring that this resolution shall take immediate effect in accordance with Section 14 of the city charter. ITEM #9 Submitted by Donald Rumbutis, IT Tech AGREEMENT WITH ASSUREVAULT FOR BACKUP AND DISASTER RECOVERY SOLUTION Budgetary Information: The initial cost is $8,200 and then there is a monthly cost of approximately $1,300. The monthly cost is based on 2,000 GB of user storage (or 1,300 GB of compressed storage) at the rate of $1 per compressed GB. The monthly cost will fluctuate, as it is determined by the actual amount of data used in off site storage. The cost would be allocated to the general fund (50% of cost), water fund (25% of cost) and sewer fund (25% of cost). ORDINANCE NO. : It is requested an ordinance be passed authorizing and directing the city manager to enter into a three year agreement with AssureVault of Chesterland, Ohio, for services to provide a backup and disaster recovery system; and declaring that this ordinance shall take immediate effect in accordance with Section 14 of the city charter. CITY MANAGER S REPORT OLD BUSINESS NEW BUSINESS AUDIENCE PARTICIPATION EXECUTIVE SESSION(S) ADJOURNMENT Open discussion on any item (5 minute limit) Buckeye CableSystem broadcasts on Cable Channel 81: Monday, January 27 at 8:30 p.m. Tuesday, January 28 at 5 p.m. Monday, February 3 at 7 p.m.

3 TO: FROM: Nicole Ard City Manager Anna Enderle, Assistant Planner Department of Planning, Engineering and Development DATE: January 15, 2014 SUBJECT: Commission Agenda Item U.S. Department of Housing and Urban Development: FY2013 Community Development Block Grant (CDBG) Community Action Commission of Erie, Huron, Richland Counties, Inc. Subrecipient Agreement. ITEM FOR CONSIDERATION: Legislation for the approval of the CDBG Program Subrecipient Agreement between the City of Sandusky and Community Action Commission of Erie, Huron, Richland Counties, Inc. (CACEHR) which will provide emergency home repairs and accessibility modifications to lowand moderate income single-family homeowners in Sandusky. The CDBG Funds shall be utilized only to assist Sandusky residents. BUDGETARY INFORMATION: The City of Sandusky will award CACEHR $100,000 to provide emergency home repairs and accessibility modifications to low- and moderate income single-family homeowners in Sandusky under the rules and regulations of the Community Development Block Grant Program. The maximum assistance is $7, per household. Erie-Huron Counties Community Action Agency, Inc. is providing $31,716 from other local and government program funding sources. There is no impact to the City's General Fund. ACTION REQUESTED: It is requested that this legislation be passed in accordance with Section 14 of the City Charter in order to execute the Sub-recipient Agreement to allow the Community Action Commission of Erie, Huron, Richland Counties, Inc. to begin assisting homeowners as expeditiously as possible and to expend the funds before the deadline of June 30, Anna Enderle Assistant Planner Aaron Klein Planning Engineering & Development I concur with this recommendation: Nicole Ard City Manager

4 ORDINANCE NO. AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A SUBRECIPIENT AGREEMENT WITH THE COMMUNITY ACTION COMMISSION OF ERIE, HURON & RICHLAND COUNTIES, INC., AND TO EXPEND AN AMOUNT NOT TO EXCEED $100, FROM THE FY 2013 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, pursuant to Title I of the Housing and Community Development Acts of 1974 and 1977, as amended, the City has applied for and received a Community Development Block Grant (CDBG) for certain community development activities; and WHEREAS, the City of Sandusky will award the Community Action Commission of Erie, Huron & Richland Counties, Inc. $100, to provide emergency home repairs and accessibility modifications to low and moderate income single family homeowners in Sandusky under the rules and regulations of the Community Development Block Grant; and WHEREAS, this Ordinance should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter in order to allow the Community Action Commission of Erie, Huron & Richland Counties, Inc. to begin providing assistance to homeowners in Sandusky as soon as possible and to expend the funds before the deadline of June 30, 2014; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio finds that an emergency exists regarding the aforesaid, and that it is advisable that this Ordinance be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. This City Commission hereby approves and authorizes the execution of the Subrecipient Agreement with the Community Action Commission of Erie, Huron & Richland Counties, Inc., a copy of which is marked Exhibit "A" and is attached to this Ordinance, and is specifically incorporated as if fully rewritten herein, together with such revisions or additions thereto as are approved by the Law Director as not being substantially adverse to the City and as being consistent with the purpose thereof as set forth in the preamble hereto, to provide emergency home repairs and accessibility modifications to low and moderate income singlefamily homeowners in Sandusky and authorizes the City Manager and/or Finance Director to expend funds in an amount not to exceed One Hundred Thousand and 00/100 Dollars ($100,000.00) from the FY 2013 Community Development Block Grant Funds to the Community Action Commission of Erie, Huron & Richland Counties, Inc. Section 2. If any section, phrase, sentence, or portion of this Ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the

5 PAGE 2 ORDINANCE NO. validity of the remaining portions thereof. Section 3. This City Commission finds and determines that all formal actions of this City Commission concerning and relating to the passage of this Ordinance were taken in an open meeting of this City Commission and that all deliberations of this City Commission and of any of its committees that resulted in those formal actions were in meetings open to the public in compliance with the law. Section 4. That for the reasons set forth in the preamble hereto, this Ordinance is hereby declared to be an emergency measure which shall take immediate effect in accordance with Section 14 of the City Charter after its adoption and due authentication by the President and the Clerk of the City Commission of the City of Sandusky, Ohio. DENNIS E. MURRAY, JR. PRESIDENT OF THE CITY COMMISSION ATTEST: KELLY L. KRESSER CLERK OF THE CITY COMMISSION Passed: January 27, 2014

6 City of Sandusky Department of Engineering, Planning and Development Public Services Subrecipient Agreement This agreement entered into as of, 2014, by and between the City of Sandusky (hereinafter referred to as City ), 222 Meigs Street, Sandusky, Ohio acting through its City Manager and upon the advice of its Department of Engineering, Planning and Development, and the Community Action Commission of Erie, Huron and Richland Counties, Inc., (hereinafter referred to as Subrecipient ), located at 908 Seavers Way, Sandusky, OH WITNESSETH THAT: WHEREAS, pursuant to Title I of the Housing and Community Development Acts of 1974 and 1977, as amended, the City has applied for and received a Community Development Block Grant (CDBG) for certain community development activities; and WHEREAS, included in said application, or provided for and referred to in subsequent attachments to said application, the Subrecipient is to provide emergency home repairs and/or accessibility modifications to qualified homeowners in Sandusky; WHEREAS, it is necessary that the City and the Subrecipient enter into an AGREEMENT for the implementation of said activity; NOW, THEREFORE, the parties do hereby agree as follows; 1. Responsibility for Grant Administration The City, acting through the Department of Development, is responsible for ensuring the administration of CDBG funds in accordance with all program requirements. The use of Subrecipients or Contractors does not relieve the City of its responsibility. The City is also responsible for determining the adequacy of performance under Subrecipient Agreements and procurement contracts and for taking appropriate action when performance problems arise. 2. Other Program Requirements This AGREEMENT shall require the Subrecipient to carry out each activity in compliance with all Federal laws and regulations as further described in ATTACHMENT II Certifications and Other Regulations, which is attached hereto and made a part thereof, as if fully rewritten, except that: a. The Subrecipient does not assume the City s environmental responsibilities; and b. The Subrecipient does not assume the City s responsibility for initiating the governmental review process under Executive Order Scope of Services The Subrecipient hereby agrees to utilize funds made available under the CDBG Program for the purpose of implementing the aforementioned activity as described in ATTACHMENT I Statement of Work, which is attached hereto and made a part thereof as if fully rewritten. The Section 3 Act of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (as amended), requires that the Subrecipient certifies that the community development project provided for herein gives to the greatest extent feasible, priority to activities that benefit low-or moderate-income families or aids in the prevention or elimination of slums or blight. Page 1 of 18

7 4. Time of Performance This AGREEMENT shall take effect as of July 1, 2013 THROUGH AND INCLUDING June 30, Compensation The City shall compensate the Subrecipient for all expenditures made in accordance with the aforementioned service activities (See Attachment I). Compensation shall be provided on a reimbursement basis during the term of the AGREEMENT not to exceed award amount of one-hundred thousand dollars and no cents ($100,000.00). 6. Ineligible Use of Funds Funds are not authorized for food, beverages, entertainment and/or lobbying expenses. 7. Method of Payment Subject to receipt of funds from the United States Treasury, the City agrees to reimburse the Subrecipient for authorized expenditures for which original vouchers and other similar documentation to support payment expenses are submitted by the Subrecipient under those generally accepted accounting principles and procedures approved by Sandusky and outlined in OMB circulars A-110- and A-122. Documentation shall be submitted to the City each month by the fifteenth (15) day of the month. Final payment is based on the Closeout project Report due within forty-five (45) days of the AGREEMENT end date (See Attachment I). 8. Project Progress Reporting (a) During the term of this contract, the Subrecipient will submit a Project Progress Report to the City for each month. The Subrecipient will submit the Project Progress Report to the City within 15 days of the close of each reporting period, except for the last one which is due 45 days of the AGREEMENT end date. For each period, the report will describe the status of the project with respect to each implementation task including, at a minimum, summary overview of the project status, the percentage of the project which has been completed, costs incurred, funds remaining, anticipated completion date and required CDBG supporting documentation (See Attachment 1). The report must also describe any significant problems encountered and/or any necessary modification of the project scope or implementation schedule. (b) The City will not honor claims for payment until the required Project Progress Report has been submitted to and approved by the City. 9. Program Income All income received from CDBG funded activities shall be considered program income and subject to the requirements set forth in OMB Circular A Reversion of Assets Upon expiration of the AGREEMENT, the Subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any account receivable attributable to the use of CDBG funds. It shall also ensure that any real property under the Subrecipient s control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 is either: a. used to meet one of the three National Objectives of the CDBG Program until five (5) years after expiration of the AGREEMENT, or such longer period of time as determined appropriate by the City; or b. is disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures on non-cdbg funds for acquisition of, or improvement to, the property. Reimbursement is not required after five years. Page 2 of 18

8 11. Subcontracting None of the services covered by this AGREEMENT shall be subcontracted without the prior written approval of the City. 12. Compliance with Regulations The Subrecipient will comply with the applicable uniform administrative requirements as described in ATTACHMENT II Certifications and Other Regulations, which are attached hereto and made a part hereof as if fully rewritten. In addition, Playing by the Rules: A Handbook for CDBG Subrecipients on Administrative Systems ( is a component of supplemental program compliance regulations and are made a part hereof as if fully rewritten. 13. Faith-Based Organization Where applicable, faith-based organizations may not use CDBG funds to support inherently religious activities such as worship or religious instruction. All eligible program beneficiaries must be served without regard to religion. 14. Proof of Status The Subrecipient must submit upon signature of contract the following items: 1) Proof of 501(c)(3) status, 2) General Liability Insurance, 3) Directors and Officers Liability Insurance, 4) Current Form 990 or most recent audit, 5) annual budget and 6) DUNS number. 15. Liaison Anna Enderle, Assistant Planner for the City of Sandusky, is the City's liaison with the Subrecipient regarding all administrative and technical matters concerning this Contract. 16. Indemnification (a) The Subrecipient waives any and all claims and recourse against the City including the right of contribution, for loss or damage to persons or property arising from, growing out of, or in any way connected with or incidental to the Subrecipient's performance under this Contract. (b) Further, the Subrecipient will indemnify, hold harmless, and defend the City against any and all claims, demands, damages, costs, expenses, or liability arising out of the Subrecipient's performance of this Contract. In the event that the City is named as a codefendant in any action relating to activities to be performed by the Subrecipient under this Contract, the Subrecipient will notify the City of the action and will represent the City in the action unless the City undertakes to represent itself as a codefendant, in which case the City will bear its own litigation costs, expenses, and attorneys' fees. 17. Maintenance and Availability of Records In connection with the AGREEMENT, the Subrecipient shall maintain all accounting and client records and documents, papers, maps, photographs, other documentary materials and any evidence pertaining to costs incurred for five (5) years. Subrecipients may follow their own practices as long as they provide for retention for five (5) years and access for audit and public examination. If any litigation, claim or audit is started, the records shall be retained beyond five (5) years. Such records shall be furnished and available for inspection by the Department of Housing and Urban Development (HUD), the Comptroller General of the United States, or any authorized representative, and the City. Such records shall be available at the Subrecipient s office at all reasonable times during the contract period. If a claim, investigation or litigation is pending after what is assumed to be the final payment, that, in effect, cancels the final payment date. The retention period will not begin until final settlement of the claim, investigation or litigation, as referenced in OMB Circular A-110. Page 3 of 18

9 15. Contract Amendment (a) Changes in the contract may be requested by either the City or the Subrecipient and shall be incorporated in written amendments to the AGREEMENT. (b) However, the City will allow an amendment by the Subrecipient only if the Subrecipient clearly demonstrates that the modification is justified and will enhance the overall impact of the original project. The City will consider each request to determine whether the modification is substantial enough to necessitate reevaluating the AGREEMENT. (c) If the City determines that the proposed amendment represents a budgetary item of 30% or more and/or a change within the programmatic/service scope of the plan, the City will enact a public comment period of thirty (30) days and a public hearing convened at a location convenient and accessible to citizens for final approval. 16. Termination and Suspension The City may terminate this AGREEMENT as follows: a. Termination Due to Noncompliance with Agreement Terms. If the City determines that the Subrecipient has failed to comply with the general terms and conditions of this AGREEMENT, the project schedule, or any special conditions, and if upon notification of the defect the Subrecipient does not remedy the deficiency within a reasonable period to be specified in the notice, the City may terminate this Agreement in whole or in part at any time before the date of completion, or temporarily withholding cash payments pending correction of the deficiency; disallow all or part of the cost of the activity and/or action not in compliance; withhold further awards; and/or take other remedies that may be legally available. b. The City will promptly notify the Subrecipient in writing of the decision to terminate, the reasons for the termination, and the effective date of the termination; or c. Violates any provision of the Housing and Community Development Act of 1974 & 1977, as amended; or d. Violates any applicable regulations or terms and conditions of approval of the applications which the Secretary of HUD has issued or shall subsequently issue during the period of the AGREEMENT; or e. Termination and Modification Due to Loss of Funding. If, for any reason, the federal financial resources required by the City to fund the Subrecipient s project are withdrawn from the City, the City may unilaterally terminate or modify the terms of this Contract to reflect the loss of funding. If a termination or modification is required, the City will, to the extent permitted by available CDBG funds, compensate the Subrecipient for eligible work elements the Subrecipient has completed and for actual, necessary and eligible expenses incurred by the Subrecipient as of the revised termination date. The City will give the Subrecipient written notice of the effective date of the modification or termination of this AGREEMENT and, if a reduction in funding is required, will provide the Subrecipient with a modified project budget. f. Effect of Termination. In the event of termination due to the Subrecipient s failure to comply with the terms of this AGREEMENT, any costs incurred will be the responsibility of the Subrecipient. However, at its discretion, the City may approve requests by the Subrecipient for reimbursement of expenses incurred. The City's decision to authorize payment of these costs or to recover expended CDBG funds will be based on a consideration of the Subrecipient s extent to which the expenditure of those funds represented a good faith effort of the to comply with the terms of this Page 4 of 18

10 AGREEMENT and on whether any failure to comply with the terms of this AGREEMENT was the result of circumstances beyond the Subrecipient s control. 17. Audit The Subrecipient is encouraged to comply with the audit requirements set forth in OMB Circular A-133. If the audit requirements of A-133 are not followed by the Subrecipient, the audit requirements of OMB Circular A-110 must be followed. IN WITNESS WHEREOF, the City and the Subrecipient have executed this AGREEMENT as of the date first above written. City of Sandusky Subrecipient Nicole C. Ard City Manager Community Action Commission of Erie, Huron & Richland Counties, Inc. Date Date Donald Icsman, Law Director Date CITY FINANCE DIRECTOR'S CERTIFICATE I herby certify that the sum of $100, being the amount needed to meet the obligations of the foregoing agreement is in the City Treasury to the credit of an appropriate fund duly appropriated for such purpose and not otherwise encumbered or in the process of collection. ACCOUNT NUMBER: FUNDS AVAILABLE: $ Hank Solowiej, Finance Director Date Page 5 of 18

11 ATTACHMENT I STATEMENT OF WORK SCOPE OF SERVICES PROGRAM BUDGET CDBG SUPPORTING DOCUMENTATION CLOSEOUT PROCEDURES Page 6 of 18

12 ATTACHMENT I STATEMENT OF WORK SCOPE OF SERVICES The Scope of Services provides the foundation for grantee monitoring of the Subrecipient performance in accomplishing planned objectives. The Erie-Huron Counties Community Action Agency, Inc. will provide at least 11 emergency home repairs and/or accessibility modifications qualified Sandusky homeowners who meet HUD income guidelines and the City of Sandusky s program guidelines. The intended result is for homeowners to receive physical modifications to their homes to render them safer and/or more accessible. The scope of services outlined above and in the Erie-Huron Counties Community Action Agency, Inc. Proposal application has been approved. Page 7 of 18

13 Description of Work Salaries, Fringe Benefits ATTACHMENT I STATEMENT OF WORK PROGRAM BUDGET CDBG Funds Requested $7, $1, Other Funding Sources $2, CSBG $ CSBG Total Project Costs $9, $2, Office Supplies/ Equipment $ $ Advertising/Printing $ $ Travel $ $ Telephone $1, $1, Utilities/Space Costs $2, $2, Consultant Services/ Planning Fees Computer Office Furniture Client Service Fees $80, $28, HAGP $109, Other: Administrative $5, $5, Total Project Expenditures $100, $31, $131, CDBG % of Total Budget: 76% Page 8 of 18

14 ATTACHMENT I STATEMENT OF WORK CDBG SUPPORTING DOCUMENTATION FORMS CDBG supporting documentation must also be submitted with the Progress Project Reports and the Closeout Project Report in order for the Subrecipient to be reimbursed for authorized expenditures. The supporting documentation forms include, but are not limited to the following: Individual CDGB Public Services Clientele Forms (to be kept on file for five years at Subrecipient s location) To Be Submitted: Accumulated Total of the CDGB Public Services Clientele Form Itemized List of Homeowner s Name, Address, Summary/Description of Work Conducted Copies of Promotional Program Materials Copies of Advertising/Marketing Ads, if applicable Page 9 of 18

15 ATTACHMENT I CLOSEOUT PROCEDURES Closeout Procedures commence once the following have occurred: All costs to be paid with CDBG funds have been incurred, with the exception of closeout costs (e.g., audit) or contingent liability costs. The work to be financed with CDBG has been completed, including activities financed through escrow accounts, loan guarantees, or similar mechanisms. The other responsibilities of the Subrecipient under its agreement with the grantee have been met, or the grantee feels that there is no further benefit in keeping the Agreement open for the purpose of securing performance. When the City has determined that these criteria have been met, or upon the expiration or termination of the Subrecipient Agreement, the City requires the Subrecipient to provide within 45 days the final versions of all financial, performance, and other reports that were a condition of the award. The City requires the Subrecipient to liquidate all obligations incurred under the CDBG award before the submission of the final financial status report. These reports may include but are not limited to: A final performance or progress report. A financial status report (including all program income, if applicable). A final request for payment. A final inventory of property in the Subrecipient s possession that was acquired or improved with CDBG funds, if applicable. The amount of any unused CDBG funds. Other provisions appropriate to any special circumstances. Continuing Subrecipient Responsibilities As specified in 24 CFR and 85.51, the closeout of a CDBG award to a Subrecipient does not affect: The grantee s right to disallow costs and/or recover funds on the basis of a later audit or other review. The Subrecipient s obligation to return funds due to the grantee from subsequent refunds, corrections, or other transactions. The Subrecipient s responsibilities for records retention. The CDBG property management and disposition requirements. Audit requirements. Page 10 of 18

16 ATTACHMENT Il CERTIFICATIONS & OTHER REGULATIONS CONFLICT OF INTEREST EQUAL OPPORTUNITY DRUG-FREE WORKPLACE CERTIFICATION REGARDING LOBBYING ASSURANCES NON-CONSTRUCTION PROGRAMS Page 11 of 18

17 ATTACHMENT II CERTIFICATIONS & OTHER REGULATIONS CERTIFICATION CONFLICT OF INTEREST Please read the following Conflict of Interest Statements excerpted from the Code of Federal Regulations at 24 CFR and indicate your acceptance on the proceeding signature page. (a) Applicability. (1) In the procurement of supplies, equipment, construction, and services by recipients and by subrecipients, the conflict of interest provisions in 24 CFR and 24 CFR 84.42, respectively, shall apply. (2) In all cases not governed by 24 CFR and 24 CFR 84.42, the provisions of this section shall apply. Such cases include the acquisition and disposition of real property and the provision of assistance by the recipient or by its subrecipients to individuals, businesses, and other private entities under eligible activities that authorize such assistance (e.g., rehabilitation, preservation, and other improvements of private properties or facilities pursuant to ; or grants, loans, and other assistance to businesses, individuals, and other private entities pursuant to , , , or (i)). (b) Conflicts prohibited. The general rule is that no persons described in paragraph (c) of this section who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part, or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a CDBG-assisted activity, or with respect to the proceeds of the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter. (c) Persons covered. The conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the recipient, or of any designated public agencies, or of subrecipients that are receiving funds under this part. (d) Exceptions. Upon the written request of the recipient, HUD may grant an exception to the provisions of paragraph (b) of this section on a case-by-case basis when it has satisfactorily met the threshold requirement of paragraph (d)(1) of this section, taking into account the cumulative effects of paragraph (d)(2) of this section. (1) Threshold requirements. HUD will consider an exception only after the recipient has provided the following documentation: (i) A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and (ii) An opinion of the recipient's attorney that the interest for which the exception is sought would not violate State or local law. (2) Factors to be considered for exceptions. In determining whether to grant a requested exception after the recipient has satisfactorily met the requirements of paragraph (d)(1) of this section, HUD shall conclude that such an exception will serve to further the purposes of the Act and the effective and efficient administration of the recipient's program or project, taking into account the cumulative effect of the following factors, as applicable: (i) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project that would otherwise not be available; Page 12 of 18

18 (ii) Whether an opportunity was provided for open competitive bidding or negotiation; (iii) Whether the person affected is a member of a group or class of low- or moderate-income persons intended to be the beneficiaries of the assisted activity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (iv) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted activity in question; (v) Whether the interest or benefit was present before the affected person was in a position as described in paragraph (b) of this section; (vi) Whether undue hardship will result either to the recipient or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and (vii) Any other relevant considerations. I have read the attached Conflict of Interest Statements excerpted from the Code of Federal Regulations at 24 CFR , and I agree to abide by the principles embodied therein. Community Action Commission of Erie, Huron and Richland Counties, Inc. Date Page 13 of 18

19 ATTACHMENT II CERTIFICATIONS & OTHER REGULATIONS CERTIFICATION EQUAL OPPORTUNITY The provider agrees to comply with: a. Title VI of the Civil Rights Act of 1964 that no person shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal Financial Assistance by way of grant, loan, or contract and will immediately take any measures necessary to effectuate this Agreement. b. Section 109 of the Housing and Community Development Acts of 1974 and 1977, as amended, and in conformance with all requirements imposed by or pursuant to the Regulations of the Department of HUD (24CFR Part ) issued pursuant to that Section, and in accordance with Equal Opportunity obligations of that Section, no person shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds. Community Action Commission of Erie, Huron and Richland Counties, Inc. Date Page 14 of 18

20 ATTACHMENT II CERTIFICATIONS & OTHER REGULATIONS CERTIFICATION DRUG-FREE WORKPLACE The applicant certifies it will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee s workplace and specifying the actions that will be taken against employees for violation of such prohibition. b. Establishing an on-going drug-free awareness program to inform employees about: 1. the dangers of drug abuse in the workplace; 2. the grantee s policy of maintaining a drug-free workplace; 3. any available drug counseling, rehabilitation and employee assistance programs; and 4. the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph a; d. Notifying the employee in the statement required by paragraph a., as a condition of employment under the grant, the employee will; 1. abide by the terms of the statement; and 2. notify the employer of any criminal drug statute conviction for the violation occurring in the workplace no later than five (5) days after such conviction; e. Notifying HUD within ten (10) days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. f. Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is convicted; 1. taking appropriate personnel action against such an employee, up to and including termination; or 2. requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, State or local health, law enforcement or other appropriate agency; g. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a) through (f) above. Community Action Commission of Erie, Huron and Richland Counties, Inc. Date Page 15 of 18

21 ATTACHMENT II CERTIFICATIONS & OTHER REGULATIONS CERTIFICATION LOBBYING Certification for Contracts, Grants, Loans and Cooperative Agreements: The undersigned certifies to the best of his knowledge and belief that: 1. No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a members of congress, an officer or employee of congress or an employee of a member of congress in connection with awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress or an employee of a member of congress in connection with this federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub-grants and contracts under grants, loans and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. Community Action Commission of Erie, Huron and Richland Counties, Inc. Date Page 16 of 18

22 ATTACHMENT II CERTIFICATIONS & OTHER REGULATIONS CERTIFICATION ASSURANCES-NON-CONSTRUCTION PROGRAMS Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal-awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: (1) Has the legal authority to apply for Federal Assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project costs) to ensure proper planning, management and completion of the project described in this application (2) Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. (3) Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organization conflict of interest, or personal gain. (4) Will initiate and complete the work within the time frame after receipt of approval of the awarding agency. (5) Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C ) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM s Standards for Merit System of Personnel Administration (5 CFR 900 subpart F). (6) Will comply with all Federal Statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964(PL ) which prohibits discrimination on the basis of race, color or national origin: (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C and ), which prohibits discrimination on the basis of sex: c Section 504 of the Rehabilitation Act of 1973 as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicaps: (d) the Age Discrimination Act of 1975), as amended (42 U.S.C ), which prohibits discrimination on the basis of age: (e) the Drug Abuse Office and Treatment Act of 1972 (P.L ), as amended, relative to nondiscrimination on the basis of drug abuse: (f) the Comprehensive Alcohol Abuse and Alcoholism Preventing, Treatment and Rehabilitation Act of 1972 (P.L ), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism: (g) 523 and 527 of the Public Health Service Act of 1912 (42 U. S.C. 290 dd-3 and 290 ee-3) as amended, relating to confidentiality of alcohol and drug abuse patient records: (h) Title VII of the Civil Rights Act of 1968 (52 U.S.C et seq.) as amended, relating to nondiscrimination in the sale, rental or financing of housing: (I) any other nondiscrimination provisions in the specific statures under which applications for Federal assistance is being made: (j) the requirements of any other nondiscrimination statues which may apply to the application. (7) Will comply, or has already complied with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L ) which provide for a fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired to projected purposes regardless of Federal participation in purchases. (8) Will comply, as applicable with provisions of the Hatch Act (5 U.S.C and ) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Page 17 of 18

23 (9) Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) the Copeland Act (40 U.S.C. 276c and 18 U.S.C. 374), and the Contract Work Hours and Safety Standards Act (40 U.S.C ). Regarding labor standards for federally assisted construction subagreements. (10) Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L ) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition if $10,000 or more (11) Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy 11424: (b) notification of violating facilities pursuant to EO 11738: c protection of wetlands pursuant to EO 11990: (d) evaluation of flood hazards in flood plains in accordance with EO 11988: (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (15 U.S.C et seq.): (f) conformity of Federal actions to State (Clear Air0 implementation Plans under Section 176c of the Clear Air Act of 1955, as amended (41 U.S.C et seq.): (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L ): and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L ). (12) Will comply with the Wild and Scenic Rivers Act of 1964 (16 U.S.C et seq.) related to protecting components or potential components of the nation wild and scenic rivers system. (13) Will assist the awarding agency is assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) EQ (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). (14) Will comply with P.L regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. (15) Will comply with the Laboratory Animal Welfare Act of 1966 (P.L , as amended and 7 U.S.C et seq.), pertaining to the care, handling and treatment of warm blooded animals held for research, teaching or other activities supported by this award of assistance. (16) Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. (17) Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984 or OMB Circular No. A-133. Audits of Institutions of Higher Learning and other Nonprofit institutions. (18) Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. Community Action Commission of Erie, Huron and Richland Counties, Inc. Date Page 18 of 18

24 To: From: Nicole Ard, City Manager Victoria Kurt, Recreation Program Supervisor Date: January 15, 2014 Subject: Commission Agenda Item ITEMS FOR CONSIDERATION: Requesting legislation approving the submission of a grant application to the Sandusky / Erie County Community Foundation and the Wightman-Wieber Foundation for the Recreation Department. BACKGROUND INFORMATION: Sandusky / Erie County Community Foundation Deadline of February 1, 2014 for $1,600 for the purchase of 80 fishing pole/tackle box combos for the Take the Kids Fishing Fun Day in memory of Chuck Hanck that will be held Saturday, May 10 th, 2014 at Shoreline Park. In 2012, Sandusky Recreation was awarded $1, from the SECCF for the purchase of 75 fishing pole/tackle box combos for the Take the Kids Fishing Fun Day. The event hosted 74 kids and we were able to supply each child with fishing equipment to use throughout the spring/summer. Sandusky Recreation collaborates with Erie MetroParks and Western Basin Sportfishing Association (WBSA) to make this event successful and possible for the community. In 2013, Sandusky Recreation did not submit a grant application for the Take the Kids Fishing Fun Day, but we were able to hold the event with the generosity of donations from area businesses and sponsors. Wightman-Wieber Foundation Deadline of March 1, 2014 for $3,000 for the Summer Playground Program to assist with the cost of supplies for the Arts and Crafts portion of the summer program. We hold a 1-hour session of arts and crafts projects each day on a rotating basis at each location (4 locations). The Summer Playground Program will run Monday thru Friday, June 16-August 1, from 9:00 a.m.-1:00 p.m. BUDGETARY INFORMATION: There is no budgetary impact. These grants require no matching funds from the City and will be used as partial funding for the costs of the projects. If grants are denied, the Take the Kids Fishing event and Summer Playground Program will still occur, but will cause downsizing of activities, equipment and supplies in order to fit the Recreation Departments budget. ACTION REQUESTED: It is requested that the proper legislation be prepared to allow for the approval to submit grant applications to the Sandusky/Erie County Community Foundation and the Wightman-Wieber Foundation and if awarded for the City Manager to execute any required agreements and expend funds consistent with the agreements. It is further requested that this be

25 passed to take immediate effect in accordance with Section 14 of the City Charter in order to submit the grant applications before the required deadlines of 2/1/14 and 3/1/14 and execute any grant agreements and lawfully expend funds, if awarded, at the earliest opportunity. Victoria Kurt Recreation Program Supervisor Approved: Nicole Ard City Manager

26 RESOLUTION NO. A RESOLUTION APPROVING THE SUBMISSION OF GRANT APPLICATIONS TO THE SANDUSKY / ERIE COUNTY COMMUNITY FOUNDATION AND THE WIGHTMAN WIEBER FOUNDATION FOR THE RECREATION DEPARTMENT AND, IF AWARDED, AUTHORIZING THE CITY MANAGER TO EXECUTE ANY REQUIRED AGREEMENTS; AND DECLARING THAT THIS RESOLUTION SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, the Sandusky Recreation Department requests approval to submit applications for grant funding to assist with costs associated with the Fishing Fun Day and the Summer Playground Program as listed below: Sandusky / Erie County Community Foundation requesting $1, for the purchase of 80 fishing pole/tackle box combos for the Take the Kids Fishing Fun Day to be held Saturday, May 10, 2014, at Shoreline Park deadline is February 1, 2014; Wightman Wieber Foundation requesting $3, to assist with the costs of supplies for the Arts and Crafts portion of the Summer Playground Program deadline is March 1, 2014; WHEREAS, this Resolution should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter in order to submit the grant applications to the Sandusky / Erie County Community Foundation and the Wightman Wieber Foundation before the deadlines of February 1, 2014 and March 1, 2014, and if awarded, to accept and expend funds at the earliest opportunity; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments, including the Department of Recreation of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio, finds that an emergency exists regarding the aforesaid, and that it is advisable that this Resolution be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter; and NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. This City Commission hereby approves and authorizes the submission of grant applications to the Sandusky / Erie County Community Foundation and the Wightman Wieber Foundation for the Recreation Department and authorizes and directs the City Manager and/or Finance Director to execute any grant agreements and to lawfully expend funds consistent with the applications should they be awarded. Section 2. If any section, phrase, sentence, or portion of this Resolution is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 3. This City Commission finds and determines that all formal actions of this City Commission concerning and relating to the passage of this Resolution were taken in an open meeting of this City Commission and that all deliberations of this City Commission and of any of its committees that resulted in those formal actions were in meetings open to the public in

27 PAGE 2 RESOLUTION NO. compliance with the law. Section 4. That for the reasons set forth in the preamble hereto, this Resolution is hereby declared to be an emergency measure which shall take immediate effect in accordance with Section 14 of the City Charter after its adoption and due authentication by the President and the Clerk of the City Commission of the City of Sandusky, Ohio. DENNIS E. MURRAY, JR. PRESIDENT OF THE CITY COMMISSION ATTEST: KELLY L. KRESSER CLERK OF THE CITY COMMISSION Passed: January 27, 2014

28 TO: FROM: Nicole Ard, City Manager Victoria Kurt, Recreation Program Supervisor DATE: January 14, 2014 RE: Commission Agenda Item: Dorn Community Park Concession Agreement 2014 ITEMS FOR CONSIDERATION: Legislation to enter into an Agreement with Connie Weyer, dba Ma Da & Dewey, of Vickery, Ohio, for the lease of the Dorn Community Park Concession Stand (March 15 through August 15) beginning March 15, BACKGROUND INFORMATION: The City of Sandusky leased the Dorn Community Park Concession Stand to Connie Weyer, dba Ma Da & Dewey, of Vickery, Ohio, for the 2013 ball league season. Ma, Da & Dewey was selected to lease the concession stand via a Request for Proposal that was sent out in March of last year. The concession stand was open for all scheduled games and tournaments. With the success of this past season, the lessee would like to lease the concession stand for the 2014 season. The Recreation Board approved leasing the Dorn Park Concession Stand to Ma, Da & Dewey for the 2014 season at their December 10, 2013 meeting. BUDGET IMPACT: The agreement will not result in any additional budgetary expenses. The City will benefit from the agreed upon rental fee income of $70.00 per month and electric service reimbursement of $30.00 per month. ACTION REQUESTED: It is requested that legislation be approved authorizing the City Manager to enter into an Agreement with Connie Weyer dba Ma Da & Dewey for the lease of the Dorn Community Park Concession Stand. It is further requested that this be passed to take immediate effect in accordance with Section 14 of the City Charter in order to execute the agreement before the start of the 2014 operating season, which begins on March 15, Approved: I concur with this recommendation: Victoria Kurt, Recreation Supervisor Nicole Ard, City Manager

29 ORDINANCE NO. AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH CONNIE WEYER D.B.A. MA DA & DEWEY FOR THE DORN COMMUNITY PARK CONCESSION AREA BEGINNING MARCH 15, 2014, THROUGH AUGUST 15, 2014; AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, as a result of a Request for Proposals (RFP) issued in March of 2013, the City of Sandusky entered into a lease agreement with Connie Weyer dba Ma Da & Dewey for the premises known as the Dorn Community Park Concession Area located in the City of Sandusky for the operation of selling food and beverages during baseball games being played at the park during the 2013 operating season and with the success of the past season, the lessee would like to lease the concession stand for the 2014 season; and WHEREAS, the Recreation Board approved leasing the Dorn Park Concession Stand to Ma, Da & Dewey for the 2014 operating season at their December 10, 2013, meeting; and WHEREAS, this agreement will not result in any additional budgetary expenses and the City will benefit from the agreed upon rental fee income and electric service reimbursement; and WHEREAS, this Ordinance should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter in order to execute the agreement before the start of the 2014 operating season beginning on March 15, 2014; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments, including the Department of Recreation of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio finds that an emergency exists regarding the aforesaid, and that it is advisable that this Ordinance be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. The City Manager is authorized and directed to enter into a Lease Agreement with Connie Weyer d.b.a. Ma Da & Dewey for the Dorn Community Park Concession Area located in the City of Sandusky for the 2014 operating season beginning March 15, 2014, and concluding on August 15, 2014, substantially in the same form as Exhibit "1", a copy of which is attached to this Ordinance and is specifically incorporated as if fully rewritten herein, together with such revisions or additions as are approved by the Law Director as not being adverse to the City and as being consistent with carrying out the terms of this Ordinance. Section 2. If any section, phrase, sentence, or portion of this Ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion

30 PAGE 2 ORDINANCE NO. shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 3. This City Commission finds and determines that all formal actions of this City Commission concerning and relating to the passage of this Ordinance were taken in an open meeting of this City Commission and that all deliberations of this City Commission and of any of its committees that resulted in those formal actions were in meetings open to the public in compliance with the law. Section 4. That for the reasons set forth in the preamble hereto, this Ordinance is hereby declared to be an emergency measure which shall take immediate effect in accordance with Section 14 of the City Charter after its adoption and due authentication by the President and the Clerk of the City Commission of the City of Sandusky, Ohio. DENNIS E. MURRAY, JR. PRESIDENT OF THE CITY COMMISSION ATTEST: KELLY L. KRESSER CLERK OF THE CITY COMMISSION Passed: January 27, 2014

31 AGREEMENT This Agreement made on and entered into this day of, 2014, between the City of Sandusky, Ohio, a Chartered Municipal Corporation of the State of Ohio, herein referred to as Lessor, and Connie Weyer (d.b.a. Ma Da & Dewey), 1216 Wilson Avenue, Vickery, Ohio, 43464, herein referred to as Lessee. In consideration of the mutual covenants herein set out, the parties agree as follows: 1. Description of Premises In consideration of the rents, charges, and payments, hereinafter reserved and of the covenants and agreements herein expressed on the part of the Lessee, to be kept, performed and fulfilled, Lessor hereby leases to Lessee the premises known as the Dorn Community Park Concession Area located in the City of Sandusky. The premises is more specifically described in Exhibit A which is attached and incorporated herein by reference. 2. Term The term of this Lease shall be for the period of the operating season for the Calendar Year 2014, which is defined as March 15, 2014, and concluding on August 15, 2014, and shall include the rights, privileges,

32 2014 Lease Agreement / Connie Weyer dba Ma Da & Dewey Dorn Community Park Concession Area Page 2 of 12 licenses, and appurtenances attached hereto, subject to the rights reserved herein on the part of the Lessor. 3. Concession Lessee shall have the right to operate the Dorn Community Park Concession Area to sell food and beverages during baseball games being played at the park. Such menu is described in Exhibit "B" attached hereto and may be amended by Lessee from time to time. The concession area shall comply with all Erie County Health Department regulations and shall be licensed and inspected by said Health Department. Lessee shall, at their own expense, apply for and obtain a license pursuant to Chapter 735 of the Codified Ordinances of the City of Sandusky. Lessee shall register with the City of Sandusky s Income Tax Department and provide Lessor with a certificate of registration. Lessee shall be required to provide to Lessor upon request a copy of the Health Department License, the Public Vendor s License and any other license or permit required to lawfully conduct business. 4. Use of Equipment Lessee shall have the right of use of all workable food service equipment located in the Dorn Community Park Concession Area. Lessor makes neither warranty of the condition of the equipment presently in

33 2014 Lease Agreement / Connie Weyer dba Ma Da & Dewey Dorn Community Park Concession Area Page 3 of 12 the concession area, nor responsibility for its repair or replacement in the event of breakdown. Lessee shall provide additional, suitable equipment to enable the functionality of the concession Area as may be needed. Lessee agrees to keep and maintain the Lessor's equipment in a good, clean and safe manner throughout the term of this lease. 5. Obligations of Lessee Lessee shall comply at all times with all applicable federal, state, and local statutes, ordinances, regulation, policies and executive orders pertaining to all aspects of its operations. Lessee shall operate the Dorn Community Park Concession Area and perform the duties and responsibilities as required by the Lessor including but not limited to the following: a. Lessee, their agents, employees, representatives, or volunteers shall be present at the Dorn Community Park Concession Area from 4:00 p.m. to 8:30 p.m. Monday through Friday when games are being played, and on Saturdays and Sundays for rainout or make-up games as may be necessary throughout the operating season as defined in paragraph 2 above. b. Unless otherwise directed by the Lessor, Lessee further agrees to be present at the Dorn Community Park Concession Area for any tournaments that may be scheduled by the leagues using the baseball fields at the park. c. Lessee further agrees to pay in advance a rental fee for the leased premises in the amount of Seventy Dollars ($70.00) per month or part thereof during the operating season. In

34 2014 Lease Agreement / Connie Weyer dba Ma Da & Dewey Dorn Community Park Concession Area Page 4 of 12 addition, Lessee agrees to pay in advance Thirty Dollars ($30.00) per month or part thereof for electric service. d. Lessee shall conserve the use of electricity in the Dorn Community Park Concession Area by assuring that all appliances not in use are turned off, that the exhaust fan is turned off at the end of each operation day, and through any other efficiency method or methods that may be available to Lessee to minimize the utility costs. e. Lessee further agrees to keep and maintain the Dorn Community Park Concession Area in a good, safe and clean manner and shall obey and comply with all lawful requirements, regulations, orders, rules, laws and Ordinances of all public authorities that in any way affect the facilities at the Dorn Community Park or the use of those facilities and improvements. f. Lessee shall maintain the Dorn Community Park Concession Area and all improvements and appurtenances to this Facility in good repair and in at least as good condition as when delivered, ordinary wear and tear excepted. Lessor shall bear no cost or expense for any maintenance to the lease Premises. Lessee shall not commit any waste or cause damage to the Dorn Community Park Concession Area or facility. g. Lessee shall not be responsible for snow removal, rubbish removal, restroom facility cleanliness, lawn care or repairs to the building or its necessary appurtenances at the Dorn Community Park, Lessor shall be responsible therefore. 6. Liability and Insurance 6.1 Public Liability Insurance. Lessee shall procure and maintain public liability insurance for the Premises with single limits of at least One Million Dollars ($1,000,000.00) for personal injury or death to one or more persons arising out of any one accident or occurrence and property

35 2014 Lease Agreement / Connie Weyer dba Ma Da & Dewey Dorn Community Park Concession Area Page 5 of 12 damage. Lessor and all City Departments, Boards, Commissions, Officials, and employees shall be named as additional insureds under this policy. The policy shall contain an agreement by the insurer that it will not cancel or make material change to the policy except after fifteen (15) days' prior written notice to Lessor and Lessee and that any loss otherwise payable shall be payable notwithstanding any act or negligence of Lessor or Lessee that might, absent such agreement, result in a forfeiture of all or a part of the insurance payment. 6.2 Fire and Casualty Insurance. Lessor shall keep the Building and all other improvements located on the Property, insured against loss by fire and all of the risks and perils insured against in an extended coverage insurance policy, in an amount equal to the full replacement cost of the building, including vandalism and malicious mischief endorsements. Lessee shall be responsible for insuring all other property including Lessee s personal property, improvements, betterments, vehicles, and any employee s personal property. 6.3 Certificates. At the commencement of the term of this Lease, Lessee shall deliver to Lessor a certificate of the insurance required to be maintained under Section 6.1, this shall include evidence of no cross liability restrictions and a copy of the insurance policy coverage terms, conditions

36 2014 Lease Agreement / Connie Weyer dba Ma Da & Dewey Dorn Community Park Concession Area Page 6 of 12 and exclusions all acceptable to the Lessor - City of Sandusky. Lessee shall also deliver to Lessor at least ten (10) days prior to the expiration date of such policy or of any renewal policy, certificates for the renewal of this insurance and shall provide a notice of any material change thereto. 6.4 Waiver of Liability. Lessor and Lessee on behalf of themselves and all others claiming under them, including any insurer, waive all claims against each other, including all rights of subrogation, for loss or damage to their respective property. Such release is also conditioned upon the inclusion in the policy or policies of a provision whereby any such release does not adversely affect such policies nor prejudice the releasor's rights to recover under them. 6.5 Indemnification. Except to the extent liability has been waived under Section 6.4, Lessee shall indemnify and hold Lessor and all City Departments, Boards, Commissions, operating units, Officials, and employees harmless against any and all claims, liabilities, damages or losses, and any attorney's fees and other incidental expenses, resulting from injury or death of any person or damage to property occurring on or about the Premises, as a result of any tortious or negligent act of the Lessee or of its employees, agents or contractors, or arising in conjunction with the use and occupancy of the Premises by Lessee or others claiming under Lessee, unless the death,

37 2014 Lease Agreement / Connie Weyer dba Ma Da & Dewey Dorn Community Park Concession Area Page 7 of 12 injury or damage was sustained as a result of any tortious or negligent act of Lessor or its employees, agents, or contractors, or by reason of the breach of any of Lessor s obligations under this Lease Agreement. Lessee shall not be responsible to the Lessor for any loss of use of the building. Lessee shall provide Lessor with a copy of the Certificate of Insurance verifying compliance with this section. 7. Public Access Lessee acknowledge that it is the express intent of the Lessor to allow lawful public access to all permitted areas of the Dorn Community Park and Lessee agrees to operate and maintain the Dorn Community Park Concession Area without unduly interfering with the lawful access of the public. The public has no right of access to the inside of the concession building nor to any area that the Lessor may indicate to Lessee is necessary to be restricted so as not to unduly endanger the public. 8. Non-Assignment The Lessee shall not assign this Lease, nor sublet said premises nor any part thereof without the written consent of Lessor. 9. Termination If Lessee breaches any of terms of this Lease and/or fails to comply with the Lessee s covenants contained herein or if said payment or any

38 2014 Lease Agreement / Connie Weyer dba Ma Da & Dewey Dorn Community Park Concession Area Page 8 of 12 part of it shall at any time be in arrears and unpaid for thirty (30) days after the same ought to have been paid, or if the Lessee shall at any time fail or neglect to perform and observe any of the covenants, conditions, or agreements herein contained and on their part to be performed and observed, or shall be adjudged bankrupt or insolvent, then and in such case, Lessor may give Lessee written notice of such default and if Lessee does not cure any default within thirty (30) days, after giving of such notice then Lessor may immediately terminate this Lease. On the date specified in the notice the term of this Lease shall terminate and Lessee shall then quit and surrender the premises to Lessor, but Lessee shall remain liable for their payments until vacating the premises. If this lease shall have been so terminated by Lessor, Lessor may immediately thereafter resume possession of the premises by any lawful means and remove Lessee and their personal property. 10. Loss Due to Catastrophe In case of damage to the Dorn Community Park Concession Area by an act of God or other casualty beyond the Lessor s control, the Lessor shall have the option to terminate this Lease or to repair the facility.

39 2014 Lease Agreement / Connie Weyer dba Ma Da & Dewey Dorn Community Park Concession Area Page 9 of Non-Discrimination The Lessee shall not discriminate against any employee or applicant for employment, because of race, color, religion, national origin, ancestry, age, handicap, disability, or sex. All pertinent Federal laws prohibiting any such discrimination will be adhered to. The Lessee shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, ancestry, handicap, disability, or sex. Such action shall include, but is not limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. The Lessee agrees to post in conspicuous places, available to employees and applicants for employment, notices as may be provided by the Lessor, setting forth the provisions of this nondiscrimination clause. 12. Severability of Clauses No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement shall be taken to constitute a waiver of any subsequent breach of such covenant or condition nor to

40 2014 Lease Agreement / Connie Weyer dba Ma Da & Dewey Dorn Community Park Concession Area Page 10 of 12 justify or authorize the non-observance or any other occasion of the same in any other covenant or condition hereof. 13. Notice Whenever in this Lease there shall be required or permitted that notice or demand be given in or served by either party to this Agreement, to or on the other, such notice or demand shall be given or served in writing by certified mail, return receipt requested addressed as follows: Lessor Lessee City of Sandusky Ma Da & Dewey c/o City Manager c/o Connie Weyer, Owner 222 Meigs Street 1216 Wilson Avenue Sandusky, OH Vickery, OH Entire Agreement No amendment, change, modification or addition to this Lease shall be binding upon the parties unless it is in writing and signed by both Lessor and Lessee. 15. Binding Effect This Lease, and all the terms and provisions hereof, shall inure to the benefit of and be binding upon the parties hereto, their respective heirs, administrative, executors, successors and assigns. SIGNATURE PAGES TO FOLLOW

41 2014 Lease Agreement / Connie Weyer dba Ma Da & Dewey Dorn Community Park Concession Area Page 11 of 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed in their respective names, all as of the date hereinbefore written. WITNESSES: LESSOR: CITY OF SANDUSKY Nicole C. Ard City Manager STATE OF OHIO ) ) ss: ERIE COUNTY ) On this day of, 2014, before me, a Notary Public in and for said County and State, personally appeared Nicole C. Ard, City Manager of the City of Sandusky, Ohio, and acknowledged her execution of the foregoing instrument as said officer of said City on behalf of said City and by its authority and that the same is her voluntary act and deed. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed by official seal on the day and year aforesaid. Notary Public My Commission Expires:

42 2014 Lease Agreement / Connie Weyer dba Ma Da & Dewey Dorn Community Park Concession Area Page 12 of 12 WITNESSES: LESSEE: MA DA & DEWEY Connie Weyer, Owner STATE OF OHIO ) ) ss: ERIE COUNTY ) On this day of, 2014, before me, a Notary Public in and for said County and State, personally appeared Connie Weyer, Owner of Ma Da & Dewey, and acknowledged their execution of the foregoing instrument as said Lessees on behalf of themselves and that the same is their voluntary act and deed. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed by official seal on the day and year aforesaid. Approved as to Form: Notary Public My Commission Expires: Donald C. Icsman Ohio Supreme Court # Law Director, City of Sandusky

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49 DEPARTMENT OF PLANNING, ENGINEERING & DEVELOPMENT AARON M. KLEIN, P.E. 222 Meigs Street Sandusky, Ohio Phone 419/ Fax 419/ To: From: Nicole C. Ard, City Manager Aaron M. Klein, P.E., City Engineer Date: January 14, 2014 Subject: Commission Agenda Item Item for Consideration: Legislation giving consent to the Director of the Ohio Department of Transportation to perform preventative maintenance microsurfacing on State Route 2 from the Edison Bridge to US 6 (Rye Beach Road) in Erie County miles of this project are located within the City of Sandusky. The legislation outlines the cooperation between the City and the Director of Transportation regarding the project. The City gives consent for the above improvement. No funds are required from the City unless the City requests work to be performed on the project that is not necessary for the improvement as determined by the State and the Federal Highway Administration. Budgetary Information: This work will take place at no cost to the City. Action Requested: It is requested that legislation allowing the City to consent to the Director of Transportation completing the Preventative Maintenance Project involving microsurfacing on State Route 2 be approved in accordance with Section 14 of the City Charter in order to return the legislation to the Ohio Department of Transportation by the requested date of February 19, I concur with this recommendation: Nicole C. Ard City Manager cc: Kelly Kresser, Commission Clerk Hank Solowiej, Finance Director

50 RESOLUTION NO. A RESOLUTION ADOPTING THE CONSENT LEGISLATION SUBMITTED BY THE DIRECTOR OF THE OHIO DEPARTMENT OF TRANSPORTATION FOR THE PREVENTATIVE MAINTENANCE PROJECT ON STATE ROUTE 2, PID NO , ERI SR PM; AUTHORIZING AND DIRECTING THE CITY MANAGER TO SIGN THE CONSENT LEGISLATION AND TO EXECUTE ANY NECESSARY CONTRACTS WITH THE DIRECTOR OF TRANSPORTATION TO COMPLETE THE PROJECT; AND DECLARING THAT THIS RESOLUTION SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, the consent legislation, a copy of which is attached to this Resolution and marked Exhibit A, is necessary for the Director of the Ohio Department of Transportation to complete the preventative maintenance microsurfacing on State Route 2 from the Edison Bridge to U.S. 6 (Rye Beach Road) in Erie County, including approximately 1.05 miles within the City of Sandusky; and WHEREAS, the consent legislation, Exhibit A attached to this Resolution, provides the terms of the agreement and cooperation between the City of Sandusky and the Director of Transportation regarding the completion of the project; and WHEREAS, this Resolution should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter in order to return the consent legislation to the Ohio Department of Transportation by the requested date of February 19, 2014; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments, including the Department of Engineering, of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio, finds that an emergency exists regarding the aforesaid, and that it is advisable that this Resolution be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. The consent legislation submitted by the Director of the Ohio Department of Transportation, a copy of which is attached to this Resolution and marked Exhibit A, for the Preventative Maintenance Project on State Route 2, PID No , ERI SR PM, consenting to the Director of Transportation to complete preventative maintenance microsurfacing on State Route 2 from the Edison Bridge to U.S. 6 (Rye Beach Road), is adopted by this City Commission and the President of this City Commission is authorized to sign the consent legislation. Section 2. The City Manager is hereby authorized and directed to sign the consent legislation and to execute any necessary contracts with the Director of Transportation to complete the Preventative Maintenance Project on State Route 2, PID No , ERI SR PM. Section 3. If any section, phrase, sentence, or portion of this Resolution is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be

51 PAGE 2 RESOLUTION NO. deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 4. This City Commission finds and determines that all formal actions of this City Commission concerning and relating to the passage of this Resolution were taken in an open meeting of this City Commission and that all deliberations of this City Commission and of any of its committees that resulted in those formal actions were in meetings open to the public in compliance with the law. Section 5. That for the reasons set forth in the preamble hereto, this Resolution is hereby declared to be an emergency measure which shall take immediate effect in accordance with Section 14 of the City Charter after its adoption and due authentication by the President and the Clerk of the City Commission of the City of Sandusky, Ohio. DENNIS E. MURRAY, JR. PRESIDENT OF THE CITY COMMISSION Passed: January 27, 2014 ATTEST: KELLY L. KRESSER CLERK OF THE CITY COMMISSION

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55 DEPARTMENT OF PLANNING, ENGINEERING & DEVELOPMENT AARON M. KLEIN, P.E. 222 Meigs Street Sandusky, Ohio Phone 419/ Fax 419/ To: From: Nicole C. Ard, City Manager Aaron M. Klein, P.E. Date: January 14, 2014 Subject: Commission Agenda Item ITEM FOR CONSIDERATION: Encroachment License for property located at 215 E. Water Street for the installation of a step and landing by Sandusky Renaissance Properties LLC. This property will house the new Hearth Restaurant. The encroachment onto City property is 16 square feet total. This license will grant the property owner of 215 E. Water Street permission to have a step and landing within the City right-of-way for so long as the licensee complies with all requirements of this agreement and licensee acknowledges that this Grant of a License is terminable at the will of the City. BUDGETARY INFORMATION: There is no budgetary impact with this item. ACTION REQUESTED: It is recommended that the Grant of a License for Encroachment on the north side of Water Street be approved and that the necessary legislation be passed under suspension of the rules and in full accordance with Section 14 of the City Charter in order to allow the business located within that property to open. I concur with this recommendation: Nicole C. Ard, City Manager cc: Hank Solowiej, Finance Director Kelly Kresser, Clerk of the City

56 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A LICENSE AGREEMENT WITH SANDUSKY RENAISSANCE PROPERTIES, LLC TO PROVIDE FOR THE USE OF A CERTAIN PORTION OF THE CITY S RIGHTS OF WAY AS DESCRIBED IN THE GRANT OF A LICENSE FOR ENCROACHMENT, A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE, MARKED EXHIBIT "1" AND INCORPORATED HEREIN; AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, certain property of the City is currently platted as City right of way including the property identified and more fully described in Exhibit "A"; and WHEREAS, this proposed License for Encroachment will allow the property owner, Sandusky Renaissance Properties, LLC, located at 215 E. Water Street to construct and maintain a step and landing within the City s right of way located on the north side of Water Street; and WHEREAS, this City Commission, under powers of Local self government granted to the City by Article XVIII of the Ohio Constitution and Section 3 and Section 25 of the Charter of the City of Sandusky, has the power to change the use of City property to a use that would be of greater benefit and use to the public; and WHEREAS, this Ordinance should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter in order to execute the Grant of a License for Encroachment and allow the property owner to open a business within the property; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments, including the Department of Engineering of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio finds that an emergency exists regarding the aforesaid, and that it is advisable that this Ordinance be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. The City Manager is authorized and directed to enter into the Grant of a License for Encroachment Agreement with Sandusky Renaissance Properties, LLC, substantially in the same form as contained in Exhibit "1", which is attached to this Ordinance and is specifically incorporated as if fully rewritten herein together with such revisions or additions as are approved by the Law Director as not being adverse to the City and as being consistent with carrying out the City's public purpose as set forth in the preamble hereto. Section 2. If any section, phrase, sentence, or portion of this Ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 3. This City Commission finds and determines that all formal actions of this City

57 PAGE 2 ORDINANCE NO. Commission concerning and relating to the passage of this Ordinance were taken in an open meeting of this City Commission and that all deliberations of this City Commission and of any of its committees that resulted in those formal actions were in meetings open to the public in compliance with the law. Section 4. That for the reasons set forth in the preamble hereto, this Ordinance is hereby declared to be an emergency measure which shall take immediate effect in accordance with Section 14 of the City Charter after its adoption and due authentication by the President and the Clerk of the City Commission of the City of Sandusky, Ohio. DENNIS E. MURRAY, JR. PRESIDENT OF THE CITY COMMISSION ATTEST: KELLY L. KRESSER CLERK OF THE CITY COMMISSION Passed: January 27, 2014

58 GRANT OF A LICENSE FOR ENCROACHMENT ON THE NORTH SIDE OF WATER STREET RIGHT-OF-WAY This License Agreement is made this day of, 2014, between the City of Sandusky, Ohio ("City") whose tax mailing address is 222 Meigs Street, Sandusky, Erie County, Ohio, 44870, and Sandusky Renaissance Properties, LLC ("Licensee") whose tax mailing address is P.O. Box 1070, Sandusky, Erie County, Ohio, 44870, under the following conditions and circumstances: A. The City of Sandusky, Erie County, Ohio, is the Owner and Trustee for the general public of the rights-of-way as defined in the Ohio Revised Code, Section (uu), including Water Street and is more fully described in Exhibit "A" which is attached to this License Agreement and is specifically incorporated as if fully rewritten herein. B. Licensee is the owner in fee simple of the real estate adjoining the north side of the Water Street right-of-way located at 215 E. Water Street C. Licensee desires to construct and maintain a step and landing for use by the general public in conjunction with the Licensee's restaurant located at 215 E. Water Street, Sandusky, Ohio, and as more fully described in Exhibits "A" and "B" which are attached to this License Agreement and are specifically incorporated as if fully rewritten herein. D. The City is willing to grant to Licensee a temporary license to allow construction of a step and landing entry to the restaurant and maintenance of the encroachment for so long as Licensee remains the owner of the property to the north side of the Water Street right-of-way and provided the encroachment is not substantially altered. NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION PAID, THE PARTIES AGREE AS FOLLOWS:

59 Encroachment License - Sandusky Renaissance Properties, LLC North Side of Water Street Page 2 of 4 1. The City grants to Licensee the license and permission to maintain the encroachment as more fully described in Exhibits "A" and "B" which are attached to this License Agreement and are specifically incorporated as if fully rewritten herein, for so long as Licensee remains the owner of real property located at 215 E. Water Street, Sandusky, Ohio, and provided that the encroachment is not substantially altered and Licensee complies with all legal requirements and Licensee acknowledges that this grant of a license is terminable at the will of the City; 2. Licensee agrees that, except for the license granted pursuant to this Agreement, Licensee makes no claim of right and has no interest or title in any part of the property and Licensee further agrees that the maintenance of the encroachment shall not, at any time, be deemed or construed to be an adverse possession of any part of the City's right-of-way; 3. Licensee agrees to maintain the encroachment for use by the general public in conjunction with Licensee's facilities located at 215 E. Water Street, Sandusky, Ohio, and further agrees to indemnify and hold harmless the City of Sandusky (it's officials, employees, boards, commissions and agents) from any and all loss, damage, expense, or liability arising from the maintenance of the encroachment; 4. This Agreement shall not be construed to run with the land and is only a temporary license, terminable at the will of the Owner. SIGNATURE PAGES TO FOLLOW

60 Encroachment License - Sandusky Renaissance Properties, LLC North Side of Water Street Page 3 of 4 IN WITNESS WHEREOF, the parties have hereunto set their hands on the dates indicated below: SIGNED AND ACKNOWLEDGED IN THE PRESENCE OF: CITY: CITY OF SANDUSKY Nicole C. Ard, City Manager State of Ohio ) ) ss: County of Erie ) Before me a Notary Public for the State of Ohio, appeared the above named, Nicole C. Ard, City Manager of the City of Sandusky, who acknowledged that he signed the foregoing instrument and that the signing was a free act. IN TESTIMONY WHEREOF, I have hereto subscribed my name and affixed my seal this day of, Notary Public My Commission Expires:

61 Encroachment License - Sandusky Renaissance Properties, LLC North Side of Water Street Page 4 of 4 SIGNED AND ACKNOWLEDGED IN THE PRESENCE OF: LICENSEE: Sandusky Renaissance Properties, LLC. State of Ohio ) ) ss: County of Erie ) Before me a Notary Public for the State of Ohio, appeared the above named, who acknowledged that he signed the foregoing instrument and that the signing was a free act. IN TESTIMONY WHEREOF, I have hereto subscribed my name and affixed my seal this day of, Notary Public My Commission Expires: Instrument prepared by: Donald C. Icsman Ohio Supreme Court # Law Director City of Sandusky

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64 DEPARTMENT OF PLANNING, ENGINEERING & DEVELOPMENT AARON KLEIN, P.E. 222 Meigs Street DIRECTOR Sandusky, Ohio Phone 419/ Fax 419/ To: From: Nicole Ard, City Manager Aaron Klein, City Engineer Date: January 14, 2014 Subject: Commission Agenda Item ITEM FOR CONSIDERATION: Resolution authorizing and consenting to a submerged land lease (lease) to be issued by the State of Ohio for Curran Street. The lease area will be approximately 690 linear feet from the current channel all within City of Sandusky right of way, totaling acres. This would allow ODNR and Army Corps of Engineers to complete their review of the design documents and issue the required permits, including a Shore Structure Permit for the outfall, for the proposed Curran Street Pavement & Drainage Improvements project which began over 3 years ago. The project includes resurfacing of the roadway, installation of a storm sewer with drainage structures and reinforcement of the slope at the outfall. BUDGETARY INFORMATION: The City will be required to pay $1.00 each year to Ohio Department of Natural Resources to maintain this lease. ACTION REQUESTED: It is requested that a resolution be approved authorizing and consenting to a submerged land lease from the State of Ohio to the City of Sandusky for the Curran Street right of way. I concur with this recommendation: Nicole Ard, City Manager cc: Kelly Kresser, Clerk of City Commission Hank Solowiej, Finance Director

65 RESOLUTION NO. A RESOLUTION ADOPTED PURSUANT TO SECTION OF THE OHIO REVISED CODE FINDING AND DETERMINING THAT BASED UPON THE REPRESENTATIONS AND APPLICATION FILED BY THE CITY OF SANDUSKY, THE USE AND DEVELOPMENT OF THE TERRITORY SO DESCRIBED, A SUBMERGED LANDS LEASE MAY BE ENTERED INTO BY THE STATE S DIRECTOR OF NATURAL RESOURCES. WHEREAS, the City of Sandusky is the upland property owner and trustee for the general public of the rights of way as defined in the Ohio Revised Code, Section (uu), including Curran Street; and WHEREAS, the City Commission declared the necessity for the City to proceed with the proposed Curran Street Pavement & Drainage Improvements Project by Resolution No R passed on August 27, 2012, which involves resurfacing of the roadway, installation of a storm sewer with drainage structures and reinforcement of the slope at the outfall; and WHEREAS, the lease area is approximately 690 linear feet from the current channel totaling acres, all within the City of Sandusky right of way, and would allow the Ohio Department of Natural Resources and Army Corps of Engineers to complete their review of the design documents and issue the required permits, including a Shore Structure Permit for the outfall, for the proposed Curran Street Pavement & Drainage Improvements Project; and WHEREAS, the City of Sandusky has made certain representations and filed an original application and site plan consistent therewith, with the State Director of Natural Resources, a copy of which is attached marked Exhibit A and is specifically incorporated as if fully rewritten herein, indicating a desire to use and develop a part of the territory as specified in their application and site plan without impairment of the public s right of navigation, water commerce and fishery; and WHEREAS, this City Commission determines that based upon the City's representations, the territory as described in their application and site plan filed by the City of Sandusky is not necessary or required for the construction, maintenance, or operation, by the City of Sandusky, of breakwaters, piers, docks, wharves, bulkheads, connecting ways, water terminal facilities, and improvements and marginal highways, in aid of navigation and water commerce; and WHEREAS, this City Commission determines that based upon the City's representations the land uses specified in the City's application and site plan filed with the State s Director of Natural Resources comply with the regulations of permissible land use under the City s Port Development Plan, Strategic Plan, Comprehensive Land Use Plan and the Sandusky Bay Pathway Master Plan; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of Municipal Departments of the City of Sandusky, Ohio and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. This City Commission finds and determines that based upon the City's representations as contained in attached Exhibit "A the territory as described in their application and site plan is not necessary or required for the construction, maintenance, or operation, by the City of Sandusky of breakwaters, piers, docks, wharves, bulkheads, connecting ways, water terminal facilities, and improvements and marginal highways, in aid of navigation and water commerce.

66 PAGE 2 RESOLUTION NO. Section 2. This City Commission finds and determines that based upon the City's representations contained in attached Exhibit "A the land uses specified in the application and site plan filed with the State s Director of Natural Resources comply with the regulations of permissible land use under the City s Port Development Plan, Strategic Plan, Comprehensive Land Use Plan and the Sandusky Bay Pathway Master Plan. Section 3. If any section, phrase, sentence, or portion of this Resolution is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 4. This City Commission finds and determines that all formal actions of this City Commission concerning and relating to the passage of this Resolution were taken in an open meeting of this City Commission and that all deliberations of this City Commission and of any of its committees that resulted in those formal actions were in meetings open to the public in compliance with the law. Section 5. That for the reasons set forth in the preamble hereto, this Resolution shall take effect at the earliest time allowed by Law. DENNIS E. MURRAY, JR. PRESIDENT OF THE CITY COMMISSION Passed: January 27, 2014 ATTEST: KELLY L. KRESSER CLERK OF THE CITY COMMISSION

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73 DEPARTMENT OF PLANNING, ENGINEERING & SERVICES AARON KLEIN, P.E. 222 Meigs Street DIRECTOR Sandusky, Ohio Phone 419/ Fax 419/ TO: FROM: Nicole C. Ard Aaron Klein DATE: January 15, 2014 RE: Commission Agenda Item ITEM FOR CONSIDERATION: Authorization for the City Manager to enter into the Memorandum of Agreement, between the Erie Soil and Water Conservation District and City of Sandusky and to authorize payment for the annual cost sharing fee. The City has participated in this program since 2011 and has received many benefits from ESWCD. The Memorandum of Agreement provides funding for the Soil and Water District to have a Storm Water Program Coordinator, Crystal Dymond, to provide guidance and assistance in meeting the requirements of the Environmental Protection Agency s (EPA) National Pollutant Discharge Elimination System (NPDES) Phase II storm water program for the co-permittees jurisdictions. The current co-permitees covered under the OEPA small Municipal Separate Storm Sewer Sytems (MS4) permit are: City of Sandusky, Erie County Engineer, City of Vermilion, Perkins Township, Margaretta Township, and Village of Bay View. The permitting cycle is for five (5) years. One change to the previous MOA is that the term is for one (1) year with four (4) automatic renewals instead of for the full duration of the new permitting cycle. The city can terminate the agreement with 30 days written notice. The NPDES Storm Water Program Phase II is a national program that is intended to improve the nation s waterways by reducing the quantity of pollutants that storm water picks up and carries into sewers systems during storm events. The program is comprised of six items to reduce pollutants discharged into receiving waterbodies. The six elements are: 1. public education and outreach, 2. public participation/involvement, 3. illicit discharge detection and elimination, 4. construction site runoff control, 5. post-construction runoff control and 6. pollution prevention/good housekeeping. Crystal Dymond has been very instrumental in helping the city fulfill these requirements. Ms. Dymond also completes the required annual report to Ohio EPA to meet compliance under the Small MS4 permit. Some of the proposed assistance that the storm water coordinator will be providing in the next year are as follows: training for city staff on good housekeeping practices (item 6), illicit discharge detection (item 3), completion of the annual storm water report to the Ohio EPA, and updates to the existing city ordinances that cover storm water management (chapter 935), erosion and sediment control (chapter 927) and illicit discharge (chapter 941).

74 BUDGETARY INFORMATION: The annual amount for continuing to participate with the Erie County NPDES Phase II Program is $10, The annual cost will be paid with Sewer Funds. ACTION REQUESTED: It is recommended that the necessary legislation be approved and that it take immediate effect in accordance with Section 14 of the City Charter in order to provide Erie Soil and Water Conservation District with a commitment to continue to participate in the program and make payment for the annual fee due in the first quarter of each year pursuant to the Memorandum of Agreement. I concur with this recommendation: Nicole C. Ard City Manager Cc: Kelly Kresser, Clerk of City Commission Hank Solowiej, Finance Director

75 ORDINANCE NO. AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE ERIE SOIL & WATER CONSERVATION DISTRICT FOR PARTICIPATION IN THE ERIE COUNTY NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PHASE II PROGRAM; AND DECLARING THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT IN ACCORDANCE WITH SECTION 14 OF THE CITY CHARTER. WHEREAS, mandated by Congress under the Clean Water Act, the National Pollutant Discharge Elimination System (NPDES) Storm Water Program is a comprehensive two phased national program for addressing the non agricultural sources of storm water discharges that adversely affect the quality of our nation's water and the program uses the NPDES permitting mechanism to require the implementation of controls designed to prevent harmful pollutants from being washed by storm water runoff into local water bodies and the Phase II Final Rule, published in the Federal Register on December 8, 1999, requires NPDES permit coverage for storm water discharges from certain regulated small municipal separate storm sewer systems (MS4s) and construction activity disturbing 1 acre of land and above; and WHEREAS, the City has identified the Erie Soil & Water Conservation District as the lead agency for the Erie County NPDES Phase II Program and recognizes the need for a close working relationship in carrying out the responsibilities of the Phase II Program for which each Co Permitee is charged; and WHEREAS, the City of Sandusky has participated in this program since 2011 and has received many benefits from Erie Soil & Water Conservation District and this proposed Memorandum of Agreement provides funding for the Soil and Water District to maintain a Storm Water Program Coordinator to provide guidance and assistance in meeting the requirements of the Environmental Protection Agency s (EPA) NPDES Phase II Storm Water Program for the co permittees jurisdictions; and WHEREAS, the permitting cycle is for five (5) years and the term of this agreement is for one (1) year with four (4) automatic renewals; and WHEREAS, the City's annual cost to continue to participate in the Erie County NPDES Phase II Program is $10, and will be paid with Sewer Funds; and WHEREAS, this Ordinance should be passed as an emergency measure under suspension of the rules in accordance with Section 14 of the City Charter in order to continue to participate in the program and make payment to the Erie Soil & Water Conservation District in the first quarter of each calendar year pursuant to the Memorandum of Agreement; and WHEREAS, in that it is deemed necessary in order to provide for the immediate preservation of the public peace, property, health, and safety of the City of Sandusky, Ohio, and its citizens, and to provide for the efficient daily operation of the Municipal Departments, including the Department of Engineering of the City of Sandusky, Ohio, the City Commission of the City of Sandusky, Ohio, finds that an emergency exists regarding the aforesaid, and that it is advisable that this Ordinance be declared an emergency measure which will take immediate effect in accordance with Section 14 of the City Charter upon its adoption; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SANDUSKY, OHIO, THAT: Section 1. The City Manager is authorized and directed to enter into a Memorandum of Agreement with the Erie Soil & Water Conservation District for participation In the Erie County National Pollutant Discharge Elimination System (NPDES) Phase II Program, substantially in

76 PAGE 2 ORDINANCE NO. the same form as Exhibit "A", a copy of which is attached to this Ordinance and is specifically incorporated as if fully rewritten herein, together with such revisions or additions as are approved by the Law Director as not being adverse to the City and as being consistent with carrying out the terms of this Ordinance and authorizes the City Manager and/or Finance Director to expend funds in an amount not to exceed Ten Thousand and 00/100 Dollars ($10,000.00) to the Erie Soil & Water Conservation District annually as required pursuant to the agreement. Section 2. If any section, phrase, sentence, or portion of this Ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 3. This City Commission finds and determines that all formal actions of this City Commission concerning and relating to the passage of this Ordinance were taken in an open meeting of this City Commission and that all deliberations of this City Commission and of any of its committees that resulted in those formal actions were in meetings open to the public in compliance with the law. Section 4. That for the reasons set forth in the preamble hereto, this Ordinance is hereby declared to be an emergency measure which shall take immediate effect in accordance with Section 14 of the City Charter after its adoption and due authentication by the President and the Clerk of the City Commission of the City of Sandusky, Ohio. DENNIS E. MURRAY, JR. PRESIDENT OF THE CITY COMMISSION ATTEST: KELLY L. KRESSER CLERK OF THE CITY COMMISSION Passed: January 27, 2014

77 Memorandum of Agreement between The Erie Soil & Water Conservation District and City of Sandusky Upon this day of, 2014 this Memorandum of Agreement (Agreement) was entered into by and between the Erie Soil & Water Conservation District (District), and the City of Sandusky (City). Mandated by Congress under the Clean Water Act, the National Pollutant Discharge Elimination System (NPDES) Storm Water Program is a comprehensive two-phased national program for addressing the non-agricultural sources of storm water discharges that adversely affect the quality of our nation's waters. The Program uses the NPDES permitting mechanism to require the implementation of controls designed to prevent harmful pollutants from being washed by storm water runoff into local water bodies. The Phase II Final Rule, published in the Federal Register on December 8, 1999, requires NPDES permit coverage for storm water discharges from certain regulated small municipal separate storm sewer systems (MS4s) and construction activity disturbing 1 acre of land and above. The City has identified the District as the lead agency for the Erie County NPDES Phase II Program. Other county municipalities and townships have joined the Erie County NPDES Phase II program as co-permittees. Recognizing the need for a close working relationship in carrying out the responsibilities of the Phase II program for which each is charged, the City and the District enter into this Memorandum of Agreement as the foundation for an enduring cooperative relationship. Such cooperation allows for joint effort in the solution of problems relating to storm water management, land use planning, and the development of the soil and water resources within the urbanized areas of Erie County. The District agrees to: 1. Employ a program coordinator qualified to guide the City in implementation of the NPDES Phase II Storm Water Rule, including assistance to select and implement minimum control measures to insure compliance with applicable requirements 2. Update and submit the revised Storm Water Management Plan (SWMP) and the NPDES Phase II permit application for the City to the Ohio Environmental Protection Agency (EPA) in compliance with EPA regulations and deadlines 3. Provide payment to EPA for the NPDES Phase II permit fees and annual discharge fees (Fees shall be paid from the yearly appropriation to District) 4. Collect data and reports from the City on the progress of the Phase II storm water management program, compile this information, and write and submit the NPDES Phase II Annual Report to the EPA in compliance with applicable regulations and deadlines 5. Develop and implement a storm water and non-point source pollution education program for the residents of and the local schools systems serving the urbanized areas

78 of Erie County that satisfies the Phase II minimum control measure for Public Education and Outreach in compliance with the SWMP 6. Provide resources and assistance for development and implementation of public meetings and events to inform citizens of the program and to create volunteer opportunities to gain public support that satisfies the Phase II minimum control measure for Public Participation and Involvement and SWMP 7. Provide informational resources and technical assistance as requested to assist in satisfying the Phase II storm water management plan requirements and to guide proper land use decisions 8. Keep City informed of updates to NPDES Phase II rules and regulations The City agrees to: 1. Appoint one (1) representative and one (1) alternate to serve on the Clean Water Coalition, which will guide the development of the SWMP 2. Cooperate with the District to develop and implement programs that satisfy the Phase II minimum control measures for Illicit Discharge Detection & Elimination, Post Construction Runoff Control, and Good Housekeeping in accordance with the SWMP 3. Follow up on construction site Storm Water Pollution Prevention Plan (SWPPP) compliance issues within 30 days of original notice of violation from the District and take the necessary actions to bring the site into compliance, i.e. stop work orders and/or the issuance of fines 4. Provide the District with data, reports and other collected information to be used in the NPDES Phase II Annual Progress Report 5. Provide an appropriation in the amount of $10,000, payable in the first quarter of each calendar year, to the Erie SWCD for the agreed term with an annual review for any adjustments that need to be made due to planned program objectives which shall be approved by the City and the District prior to implementation adjustments 6. Utilize best efforts to observe the principles of sound soil and water conservation, giving considerations to the need for storm water quantity and quality, erosion and sediment control measures, and natural resource protection, and compliance with NPDES permit requirements It is mutually agreed: 1. The District and the City shall meet yearly to review and, where possible, coordinate their individual progress and activities for maximum mutual benefit and update this document as necessary 2. The Erie County Commissioners will be the holder of the NPDES Phase II permit, but the City will be responsible for meeting the requirements of the NPDES Phase II Permit as it pertains to its operation 3. The District and the USDA Natural Resources Conservation Service (NRCS) prohibit discrimination in programs on the basis of race, color, national origin, sex, religion, age, disability, political beliefs, and marital or familial status

79 4. This agreement is effective for the period of one (1) year beginning on the effective date above with an automatic one year renewal each year for four (4) additional years unless one or both parties terminate by written notice as outlined below 5. This agreement may be terminated upon 30 days written notice by either party 6. The Clean Water Coalition shall meet quarterly or more often if deemed necessary by the majority of committee members In witness whereof, this Agreement is executed and agreed to on the day, month, and year written above. Erie Soil & Water Conservation District City of Sandusky By: Name: Title: By: Name: Title:

80 Erie Soil & Water Conservation District Additional Services Addendum Municipalities and Villages: The Erie Soil & Water Conservation District can provide the following services to each community under separate agreement for technical services to assist communities with the Phase II minimum control measure for Construction Site Runoff Control. Townships: Townships are currently covered under a Memorandum of Agreement with the Erie County Engineer s Office for Plan Review and Construction Site Runoff Control. Additional Services: 1. Review plans for all commercial, residential and industrial developments, greater than one acre, and provide written comments regarding soil limitations, wetlands, riparian areas, and other natural resource considerations pertinent to the site 2. Review and approve Storm Water Pollution Prevention Plans (SWPPPs) for all commercial, industrial and residential developments, greater than one acre, in the political jurisdiction to ensure adequate plans for erosion and sediment control, natural resource protection, and water quality enhancement 3. Meet on site with the developer prior to the beginning of earth-moving activities to discuss implementation of proposed and project 4. Provide inspections of all aforementioned development sites and keep the jurisdiction informed of construction site SWPPP compliance All services can be tailored based on the needs of the local community.

81 DEPARTMENT OF PLANNING, ENGINEERING & DEVELOPMENT 222 Meigs Street Sandusky, Ohio Phone 419/ Fax 419/ To: From: Nicole C. Ard, City Manager Jane E. Cullen, P.E. Date: January 15, 2014 Subject: Commission Agenda Item Item for Consideration: Resolution of Necessity for the Camp Street Underpass Rehabilitation Project. This project involves the replacement of concrete sidewalks and handrails and the repair and painting of the abutment and upper retaining walls on both sides of the road from North Depot Street to Filmore Street. The project also involves installing new handrail and relocating a sewer force main, which is currently located above the sidewalk, to under the sidewalk and the repair of the sewer pump station for the underpass. This project was approved for funding through the Erie County Metropolitan Planning Organization (MPO) and the City of Sandusky has an LPA Federal Project Agreement with the Ohio Department of Transportation (ODOT). The National Transportation Act has made Federal funds available for use by Local Public Authorities through the Federal Highway Administration which has designated ODOT as the agency to administer FHWA s Federal Funding Programs. The Ohio Revised Code allows ODOT the opportunity to enter into contracts with public authorities like the City of Sandusky to administer the design, qualification of bidders, competitive bid letting, construction, inspection and acceptance of any projects administered by ODOT provided the administration is performed in accordance with Federal and State laws and regulations. Budgetary Information: The engineer s estimate for the total project cost including engineering, inspection, testing, advertising and miscellaneous expenses are $1,959, ODOT will fund 80% of the eligible costs in the amount of $1,551, The City s 20% share of the eligible costs will be funded by the Sewer Fund in the amount of $133, and the Capital Fund in the amount of $254, The remaining costs are 100% the City s responsibility in the amount of $20, and will be paid with Community Development Block Grant (CDBG) Funds. Action requested: It is requested that the necessary legislation be approved in full accordance with Section 14 of the City Charter in order for the new agreement to be executed to replace the void 2008 agreement. In order to bid and award the project by the ODOT deadline of March 28, I concur with this recommendation: Nicole C. Ard City Manager Aaron Klein, P.E. Director of Engineering cc: Kelly Kresser, Clerk of City Commission Hank Solowiej, Finance Director