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HomeMy WebLinkAbout61-02 Ordinance AMENDED RECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 61-02 ~Amendedl Passed . 2~ AN ORDINANCE AUTHORIZING THE PROVISION OF TRANSPORTATION SERVICES FOR PURPOSES OF CONTINUING THE EXPANSION BY A COMPANY OF ITS OPERATIONS WITHIN THE CITY AND AUTHORIZING THE EXECUTION OF A RELATED SHUTTLE SERVICE AGREEMENT, APPROPRIATING FUNDS THEREFOR, AND DECLARING AN EMERGENCY. WHEREAS, consistent with its Economic Development Strategy approved by Resolution No. 07-94 adopted on June 20, 1994 and pursuant to Ordinance No. 83-00 passed June 19, 2000, the City entered into that certain Economic Development Agreement dated June 20, 2000 (the "Economic Development Agreement") between the City and Nationwide Mutual Insurance Company ("NMIC" and, together with its affiliates and subsidiaries "Nationwide") to induce Nationwide to expand its operations within the City and thereby create jobs and employment opportunities and to improve the economic welfare of the people of the State of Ohio and the City, all as authorized in Article VIII, Section 13 of the Ohio Constitution; and WHEREAS, subsequent to the execution of the Economic Development Agreement, Nationwide has proceeded to expand its operations and create jobs and employment opportunities within the City; and WHEREAS, the City agreed in the Economic Development Agreement to provide certain additional incentives, including among others, the provision of a public transportation shuttle service (the "Shuttle Service") for Nationwide and its employees between the Nationwide Facilities (as defined in the Economic Development Agreement) and various points of interest within the City, including but not limited to the City's Community Recreation Center, the Tuttle Crossing Shopping Mall and the Historic Dublin District; and WHEREAS, the City does not presently own or operate such a public transportation shuttle service; and WHEREAS, NMIC has an existing contract with Royal Livery Service, Ltd. ("Royal") to provide a shuttle service for Nationwide employees and has offered to expand that shuttle service to include the Shuttle Service contemplated in the Economic Development Agreement provided that the City will reimburse NMIC for that Shuttle Service; and WHEREAS, this Council has determined to provide for the execution and delivery of a Shuttle Service Agreement with NMIC (the "Shuttle Service Agreement") that provides for the reimbursement of NMIC in respect of the Shuttle Service and for an evaluation, prior to the expiration of the Shuttle Service Agreement, of the continued economic feasibility of providing the Shuttle Service under the terms of the Shuttle Service Agreement; and WHEREAS, it is necessary to amend the annual appropriations ordinance to provide funding for the Shuttle Service; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, Franklin, Union and Delaware Counties, Ohio, that: Section 1. The City hereby finds and determines that it is necessary and appropriate and in the best interests of the City to provide for the Shuttle Service to facilitate Nationwide's continued expansion of its operations and creation of jobs and employment opportunities and to improve the economic welfare of the people of the State of Ohio and the City as authorized in Article VIII, Section 13 of the Ohio Constitution. RECORD OF ORDINANCES Da on Le al Blank Co. Form No. 30043 Ordinance No........6~-02_ amended Passed .....................................................Pa~e.,l Section 2. The Shuttle Service Agreement by and between the City and NMIC, in the form presently on file with the Clerk of Council, providing for, among other things, the reimbursement of NMIC in respect of the Shuttle Service, is hereby approved and authorized with changes therein not inconsistent with this Ordinance and not substantially adverse to this City and which shall be approved by the Interim City Manager. The Interim City Manager, for and in the name of this City, is hereby authorized to execute that Shuttle Service Agreement, provided further that the approval of changes thereto by that official, and their character as not being substantially adverse to the City, shall be evidenced conclusively by her execution thereof. Section 3. There be appropriated from the unappropriated balance in the General Fund the amount of $11,050 to account 101-0120-710-2822 for the purpose of providing the Shuttle Service in accordance with the attached Shuttle Service Agreement. Section 4. This Council further hereby authorizes and directs the City Manager (Interim or otherwise), the Clerk of Council, the Director of Law, the Director of Finance, or other appropriate officers of the City to prepare and sign all agreements and instruments and to take any other actions as maybe appropriate to implement this Ordinance. Section 5. This Council finds and determines that all formal actions of this Council concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council and that all deliberations of this Council that resulted in those formal actions were in meetings open to the public incompliance with the law. Section 6. This Ordinance is declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety or welfare of this City and for the further reason that this Ordinance is required to be immediately effective to allow the City to timely comply with its commitment under the Economic Development Agreement to provide the Shuttle Service; thereby providing for the creation of jobs and employment opportunities and improving the economic welfare of the people of the City; wherefore, this Ordinance shall be in full force and effect immediately upon its passage. Signed: ' Mayor -Presiding Officer Attest: Clerk of Council Passed: , 2002 Effective: a ~ ~ 2002 I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. rk of Council, Dublin, Ohio EXHIBIT C PUBLIC IMPROVEMENTS The Public Improvements include the construction o£ • Perimeter Loop Road westerly from its existing western terminus to its existing southern terminus, • improvements to the existing Avery Road -Perimeter Loop Drive intersection, and • improvements to the existing Avery Road -Perimeter Drive intersection, by constructing and installing curbs and gutters, public utilities which include water mains, sanitary sewer, and storm sewer, street lighting, sidewalks, bikeways, and landscaping, traffic signalization, and including design and other related costs, any right-of--way acquisition, erosion and sediment control measures, grading and other related work, survey work, soil engineering and construction staking, and in each case, all other costs and improvements necessary and appurtenant thereto. -10- Office of the City Manager 5200 Emerald Parkway -Dublin, Ohio 43017-1006 CITY OF DUBLIN Phone: 614-410-4400 -Fax: 614-410-4490 M e m o To: Dublin City Council From: Marsha I. Grigsby, Interim City Manager Date: April 18, 2002 Re: Ordinance No. 61-02 ~ Initiated by: Michael H. Stevens, Director of Economic Development W` Ordinance No. 61-02, which was tabled at the April 8, 2002 City Council meeting, has been amended to reflect the cost of a mid-day shuttle service. After the last City Council meeting, COTA agreed to provide an additional stop along its #58 Express Route to serve the 5100 Rings Road building in the morning and afternoon within the next two weeks. The City and Nationwide have agreed to run a shuttle service from 11:00 a.m. to 2:00 p.m. on a three-month trial basis. The mid-day shuttle is more in line with the original intent of the 2000 Economic Development Agreement with Nationwide. The shuttle service would be provided to businesses in the Tuttle Area, with a proposed route including stops at Historic Dublin, The Dublin Community Recreation Center, Perimeter Center, and the Tuttle Mall. The total cost for the three-month trial period is $11,050. Staff believes that entering into the shuttle agreement with Nationwide is necessary to meet the City's obligation set forth in the 2000 Economic Development Agreement. The proposed shuttle service is the first step in improving the transit options for all of Dublin residents. SHUTTLE SERVICE AGREEMENT THIS S UTTLE SERVICE AGREEMENT (this "Agreement") is made and entered into this day of 2002 by and between the CITY OF DUBLIN, OHIO (the "City"), a municipal corporation ly organized and validly existing under the Constitution and the laws of the State of Ohio (the "State") and its Charter, and NATIONWIDE MUTUAL INSURANCE COMPANY, an Ohio mutual insurance company having its principal office in Columbus, Ohio ("NMIC" and, together with its affiliates and subsidiaries "Nationwide"), under the circumstances summarized in the following recitals. RECITALS: WHEREAS, consistent with its Economic Development Strategy approved by Resolution No. 07-94 adopted on June 20, 1994 and pursuant to Ordinance No. 83-00 passed June 19, 2000 (the "Ordinance"), the City entered into that certain Economic Development Agreement dated June 20, 2000 (the "Economic Development Agreement") between the City and NMIC to induce Nationwide to expand its operations within the City and thereby create jobs and employment opportunities and to improve the economic welfare of the people of the State of Ohio and the City, all as authorized in Article VIII, Section 13 of the Ohio Constitution; and WHEREAS, subsequent to the execution of the Economic Development Agreement, Nationwide has proceeded to expand its operations and create jobs and employment opportunities within the City; and WHEREAS, the City agreed in the Economic Development Agreement to provide certain additional incentives, including among others, the provision of a public transportation shuttle service (the "Shuttle Service") for Nationwide and its employees between the Nationwide Facilities (as defined in the Economic Development Agreement) and various points of interest within the City, including but not limited to the City's Community Recreation Center, the Tuttle Crossing Shopping Mall and the Historic Dublin District; and WHEREAS, the City does not presently own or operate such a public transportation shuttle service; and WHEREAS, NMIC has an existing contract with Royal Livery Service, Ltd. ("Royal") to provide a shuttle service for Nationwide employees and has offered to expand that shuttle service to include the Shuttle Service contemplated in the Economic Development Agreement provided that the City will reimburse NMIC for that Shuttle Service; and WHEREAS, the City and NMIC have determined to enter into this Agreement for a limited period to provide the Shuttle Service and to further evaluate to economic feasibility of providing that Shuttle Service; WHEREAS, the City will use its best efforts to assure the success of this Shuttle Service, with best efforts, including but not limited to, the provision of notification to area businesses of the availability of the Shuttle Service to their employees. NOW THEREFORE, the City and NMIC covenant, agree and obligate themselves as follows: Section 1. Expansion of Existing NMIC Contract. In consideration of the City's agreement herein to reimburse NMIC for its payments to Royal in respect of the Shuttle Service, NMIC agrees to expand its existing contract with Royal to expand the existing shuttle service operated by Royal to include the Shuttle Service. Section 2. Reimbursement of NMIC. (a) City to Reimburse NMIC. In consideration of NMIC's agreement to expand its existing contract with Royal to include the operation of the Shuttle Service and subject to subsection 2(d) hereof, the City agrees to reimburse NMIC for the Shuttle Service in the amounts described herein. (b) Payments to NMIC. Payments by the City under this Agreement shall be due and payable to NMIC thirty (30) days following the City's receipt from NMIC o£ (i) an invoice from Royal in respect of its operation of the Shuttle Service during the term of this Agreement or any portion thereof and (ii) evidence from NMIC satisfactory to the City of NMIC's payment of the amount set forth in that invoice. The payments provided for in this subsection 2(b) shall be made by the City to NMIC in such manner as is mutually agreed to by the City and NMIC. (c) Maximum Aggre~;ate Reimbursement. In no event shall the aggregate amount payable by the City under this Agreement exceed an amount equal to the product of $170 times the number of days during the term of this Agreement that the Nationwide Facilities are open for business. (d) City's Obligation to Make Payments Not Debt; Payments Limited to Nontax Revenues. Notwithstanding anything in this Agreement to the contrary, the obligations of the City pursuant to this Agreement shall not be a general obligation debt or bonded indebtedness, or a pledge of the general credit or taxes levied by the City, and NMIC shall have no right to have excises or taxes levied by the City, the State or any other political subdivision of the State for the performance of any obligations of the City herein. Consistent with Section 13 of Article VIII, Ohio Constitution, any payments required to be made by the City pursuant to this Section 2 shall be payable solely from the City's nontax revenues. Section 3. Term of Agrreement; Renewal. The term of this Agreement shall commence on the date hereof and terminate on July 5, 2002. Prior to the termination of this Agreement, NMIC and the City agree to evaluate the continued economic feasibility of this Agreement. For the purposes of that evaluation, each of NMIC and the City acknowledge that an average cost per rider of $2.25 or less during the term of this Agreement shall be deemed to be a criterion favoring 2 renewal hereof. NMIC agrees to use its best efforts to obtain from Royal the information necessary to make the cost per rider calculation referred to in the immediately preceding sentence. This agreement shall not supersede the Economic Development Agreement. Section 4. Indemnification. NMIC shall pay and will protect, indemnify and save the City, each trustee, member, officer, employee, representative, agent and counsel of the City harmless from and against any and all liabilities, losses, fines, penalties, damages, costs and expenses (including reasonable attorneys' fees and the allocated costs and expenses of in-house counsel), suits, causes of action, claims, demands and judgments of whatsoever kind and nature in any manner directly or indirectly arising or resulting from, out of or in connection with any injury to, or death of, any person or any damage to property resulting from the use or operation of the Shuttle Service. The provisions of this Section 4 shall survive the termination of this Agreement and the payment in full of all amounts payable by the City hereunder. Section 5. Miscellaneous. (a) Notices. Except as otherwise specifically set forth in this Agreement, all notices, demands, requests, consents or approvals given, required or permitted to be given hereunder shall be in writing and shall be deemed sufficiently given if actually received or ifhand-delivered or sent by recognized, overnight delivery service or by certified mail, postage prepaid and return receipt requested, addressed to the other party at the address set forth in this Agreement or any addendum to or counterpart of this Agreement, or to such other address as the recipient shall have previously notified the sender of in writing, and shall be deemed received upon actual receipt, unless sent by certified mail, in which event such notice shall be deemed to have been received when the return receipt is signed or refused. For purposes of this Agreement, notices shall be addressed to: (i) the City at: City of Dublin, Ohio 5800 Shier Rings Road Dublin, Ohio 43016-7295 Attention: Economic Development Director (ii) NMIC at: Nationwide Mutual Insurance Company One Nationwide Plaza Columbus, Ohio 43215 Attention: With a copy to: Nationwide Mutual Insurance Company One Nationwide Plaza, 34`h Floor 3 Columbus, Ohio 43215 Attention: Office of General Counsel The parties, by notice given hereunder, may designate any further or different addresses to which subsequent notices, certificates, requests or other communications shall be sent. (b) Extent of Provisions; No Personal Liability. All rights, remedies, representations, warranties, covenants, agreements and obligations of the City under this Agreement shall be effective to the extent authorized and permitted by applicable law. No representation, warranty, covenant, agreement, obligation or stipulation contained in this Agreement shall be deemed to constitute a representation, warranty, covenant, agreement, obligation or stipulation of any present or future trustee, member, officer, agent or employee of the City or NMIC in other than his or her official capacity. No official executing or approving the City's or NMIC's participation in this Agreement shall be liable personally under this Agreement or be subject to any personal liability or accountability by reason of the issuance thereof. (c) Successors. This Agreement shall be binding upon and inure to the benefit of NMIC and its successors and assigns. (d) Recitals. Each of the City and NMIC acknowledges and agrees that the facts and circumstances as described in the Recitals hereto are an integral part of this Agreement and as such are incorporated herein by reference. (e) Amendments. This Agreement may only be amended by written instrument executed by the City and NMIC. (f) Executed Counterparts. This Agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same agreement. It shall not be necessary in proving this Agreement to produce or account for more than one of those counterparts. ~ (g) Severability. In case any section or provision of this Agreement, or any covenant, agreement, obligation or action, or part thereof, made, assumed, entered into or taken, or any application thereof, is held to be illegal or invalid for any reason: (i} that illegality or invalidity shall not affect the remainder hereof or thereof, any other section or provision hereof, or any other covenant, agreement, obligation or action, or part thereof, made, assumed, entered into or taken, all of which shall be construed and enforced as if the illegal or invalid portion were not contained herein or therein, (ii) the illegality or invalidity of any application hereof or thereof shall not affect any legal and valid application hereof or thereof, and 4 (iii) each section, provision, covenant, agreement, obligation or action, or part thereof, shall be deemed to be effective, operative, made, assumed, entered into or taken in the manner and to the full extent permitted by law. (h) Captions. The captions and headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement. (i) Governing Law and Choice of Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio or applicable federal law. All claims, counterclaims, disputes and other matters in question between the City, its agents and employees, and NMIC, its employees and agents, arising out of or relating to this Agreement or its breach will be decided in a court of competent jurisdiction within Franklin County, Ohio. (j) Survival of Representations and Warranties. All representations and warranties of NMIC and the City in this Agreement shall survive the execution and delivery of this Agreement. (k) Authori .Both Nationwide and the City hereby represent each to the other that it has due authority to enter into this Agreement, and that the person executing this Agreement for such party is duly authorized to so sign and bind such party. (This space intentionally left blank) 5 IN WITNESS WHEREOF, the City and NMIC have caused this Agreement to be executed in their respective names by their duly authorized representatives, all as of the date first written above. CITY OF DUBLIN, OHIO By: Printed: Marsha I. Gri sg_by Title: Interim City Manager Approved as to Form: 0 gy. d s,... csl. Printed: Stephen J. Smith Title: Director of Law NATIONWIDE MUTUAL INSURANCE COMPANY By: Printed: ~ ~ Title: ~1-. '~~s 6 FISCAL OFFICER'S CERTIFICATE The undersigned, Director of Finance of the City under the foregoing Agreement, certifies hereby that the moneys required to meet the obligations of the City during the year 2002 under the foregoing Agreement have been appropriated lawfully for that purpose, and are in the Treasury of the City or in the process of collection to the credit of an appropriate fund, free from any previous encumbrances. This Certificate is given in compliance with Section 5705.41, Ohio Revised Code. S ` ~:~1~ Datcd. , 2002 Director of Finance City of Dublin, Ohio 7