Resolution 065-18RECORD OF RESOLUTIONS
BARRETT BROTHERS - DAYTON, OHIO Form 6301
Resolution No. 65-18 Passed
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A SERVICE AGREEMENT WITH WASHINGTON TOWNSHIP
FOR SNOW AND ICE REMOVAL SERVICES FOR THE AMLIN ALLEYS
WHEREAS, the Washington Township has a need for snow and ice removal services
on township roadways; and
WHEREAS, the Washington Township desires to contract with the City of Dublin
("Dublin's for snow and ice removal services for the alleyways located in Amlin; and
WHEREAS, Dublin is able to perform such snow and ice removal services; and
WHEREAS, Dublin desires to execute an agreement in a substantially similar form to
the attached Exhibit "'A."
NOW, THE EFORE, BE IT RESOLVED by the Council of the City of Dublin, State
of Ohio, of the elected members concurring, that:
Section 1. Dublin City Council authorizes the City Manager to execute an agreement
in a substantially similar form to the attached Exhibit "A" with Washington Township,
Ohio for snow and ice removal services.
Section 2. This Resolutio shall be effective immediately upon passage in
accordance with Section 4a) of the Revised Charter.
Passeiis s5AYday of 0 (i 2018
Mc*or — Presging Officer
ttest:
Clerk of Council
Office of the City Manager
la of Dublin Phone; 614.1410-44 0 *Prkway,Fax:b6114-410-44901090
Memo
To; Members of Dublin City Council
From; Dana L. McDaniel, City Mana
Date, October 30, 2018
Initiated By, Megan D. O'Callaghan, P.E., Director of Public Works
Rob A, James, P.E., Director of Street & utilities Operations
Re, Resolution 65.18 - Authorizing the City Manager to enter into a Service
Agreement with Washington Township for Snow and Ice Removal Services for
the Amlin Alleys
Background
Prior to the 2015 winter season, Washington Township ('°Township') transitioned to a contracted
services based model for services on township roadways, and entered into a three year agreement
(one year plus option for two additional years) with the City of Dublin (" Dublin's to provide snow
and Ice control at the following locations referred to as the "Amlin Alleys,"
That agreement has now expired and Dublin and Washington Township staffs have collaborated
on a new service agreement whereby Dublin will continue to perform snow and ice removal
services on these 0.5 lane miles of alleys. In accordance with the terms of the agreement, Dublin
will provide all personnel, equipment, fuel, and materials necessary to perform the appropriate
snow and ice removal services, The alleys are classified as Priority 3 streets and will be serviced at
the same time, and In the same manner, as Dublin's own Priority 3 streets. Priority 3 streets
include residential streets, court, cul-de-sacs and alleys and are serviced once Priority I and
Priority 2 street are cleared.
Dublin will invoice the cost of work performed on these roadways, including labor, equipment, and
materials. The term of the contract will be from November 15, 2018 to April 30, 2019 with an
option to extend the contract for a maximum of two years, in one-year increment.
Recommendation
Staff recommends approval of Resolution 65-18, authorizing the City Manager to enter into a
service agreement with Washington Township for snow and ice removal services for the Amlin
Alleys,
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That agreement has now expired and Dublin and Washington Township staffs have collaborated
on a new service agreement whereby Dublin will continue to perform snow and ice removal
services on these 0.5 lane miles of alleys. In accordance with the terms of the agreement, Dublin
will provide all personnel, equipment, fuel, and materials necessary to perform the appropriate
snow and ice removal services, The alleys are classified as Priority 3 streets and will be serviced at
the same time, and In the same manner, as Dublin's own Priority 3 streets. Priority 3 streets
include residential streets, court, cul-de-sacs and alleys and are serviced once Priority I and
Priority 2 street are cleared.
Dublin will invoice the cost of work performed on these roadways, including labor, equipment, and
materials. The term of the contract will be from November 15, 2018 to April 30, 2019 with an
option to extend the contract for a maximum of two years, in one-year increment.
Recommendation
Staff recommends approval of Resolution 65-18, authorizing the City Manager to enter into a
service agreement with Washington Township for snow and ice removal services for the Amlin
Alleys,
SERVICE AGREEMENT BETWEEN
WASHINGTON TOWNSHIP
AND
THE CITY OF DUBLIN
FOR SNOW AND ICE REMOVAL SERVICES
FOR THE 2018-2019 SEASON
This Agreement for snow and ice removal services, made and entered into this day of
2018, by and between Washington Township, State of Ohio, acting by and
through its Township Administrator, hereinafter designated the 'Township", and The City of Dublin,
State of Ohio, hereinafter designated the "City"; and
WITNESSETH
WHEREAS, the Township has a need for snow and ice removal services on Township roadways; and
WHEREAS, the City has the necessary experience, labor, and equipment to provide said services; and
NOW, THEREFORE, in consideration of the mutual promises as hereinafter set forth, the parties agree
as follows:
ENTIRE AGREEMENT
This Contract sets forth the entire agreement between the parties with respect to the subject matter
hereof. Except as provided herein, no alteration of any terms, conditions, delivery, price, quality, or
specifications of this Contract shall be binding on either party without the written consent of both
parties.
1. Contract Term
The term of this Contract shall be from November 15, 2018, to April 30, 2019 ("Service Periodo
with an option to extend the Contract for a maximum of two years, in one-year increments.
Said extension shall be mutually agreed upon by both parties and confirmed by letter. This
Contract shall not automatically renew.
2. Maximum Obligation
The maximum amount to be paid under the purchase order associated with this Contract shall
not exceed $10,000.00.
3. Pricing and Scope of Services
The City agrees to perform and invoice the Scope of Services as set forth ON ATTACHED
EXHIBIT A*, which are expressly incorporated herein.
*Contract is NOT valid if the Scope of Services is NOT attached.
No other costs, rates, or fees shall be payable to the City for services performed hereunder. The
terms and conditions specified in this Contract constitute the entire contract governing the
purchase of services by the Township from the City, and shall supersede any terms and
conditions which may accompany City's invoice/bid/estimate. Any and all verbal representations
are superseded by this Contract. The terms of this Contract shall prevail over any conflicting or
deficient terms or conditions listed in any attachments from City.
4. Contract Administration
Eric Richter, Township Administrator, will manage the Contract on behalf of the Township and
will be the principal point of contact for the Township concerning the City's performance under
this Contract.
Any notice or demand or other communication required or permitted to be given under this
Contract or applicable law shall only be effective if it is in writing, properly addressed, and either
delivered in person, or by a recognized courier service, or deposited with the United States
Postal Service as first-class certified mail, postage prepaid and return receipt requested, to the
parties at the following addresses:
Township
Eric Richter
Township Administrator
Washington Township
6200 Eiterman Road
Dublin, Ohio 43016
erichter@wtwp.com
ON
Megan D. O'Callaghan
Director of Public Works
City of Dublin
6555 Shier Rings Road
Dublin, Ohio 43016
MOCallaghan@dublin.oh.us
6. Applicable Law, Remedies
This Agreement shall be governed in accordance with the laws of the State of Ohio. All claims,
counterclaims, disputes, and other matters in question between the Township, its agents and
employees, and the City arising out of or relating to this Agreement or its breach will be decided
in a court of competent jurisdiction within the County of Franklin, State of Ohio.
7. Payment/Invoice Submittal
The City shall submit an invoice to the Township for services rendered, which designates the
specific applicable charges including the cost per lane mile multiplied by the net number of lane
miles (see Exhibit A for details). The Township will not be subject to any late payment charges.
The Township will process correctly documented invoices for payment and the City should
receive payment for such invoice within thirty (30) days from receipt and approval by the
Township.
The City shall invoice the Township within thirty (30) days after the Service Period for all work
performed during the Service Period.
Invoices: All invoices shall be submitted to:
Eric Richter
Township Administrator
Washington Township
6200 Eiterman Road
Dublin, Ohio 43016
erichter@wtwp.com
8. Modifications
No modification, amendment, alteration, addition or waiver of any section or condition of this
Contract shall be effective or binding unless it is in writing and signed by an authorized
representative of the Township and the City and approved by the appropriate Township
authorities.
9. Contract Term and Termination
Either party may terminate this Contract, in whole or in part by providing thirty (30) days written
notice to the other party prior to the effective date of termination. If this Contract is so
terminated, the Township is liable only for payments required by the terms of this Contract for
services received and accepted by the Township.
10. Nonexclusive Remedies
The remedies provided for in this Contract shall not be exclusive but are in addition to all other
remedies available under the law.
11. Survivorship
All services executed pursuant to the authority of this Contract shall be bound by all of the terms,
conditions, prices discounts and rates set forth herein, notwithstanding the expiration of the
initial term of this Contract, or any extension thereof. Further, the terms, conditions, and
warranties contained in this Contract that by their sense in context are intended to survive this
completion of the performance, cancellation or termination of this Contract, shall so survive.
12. Severability
If any term or condition of this Contract or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms, conditions, or
applications which can be given effect without the invalid term, condition, or application; to this
end the terms and conditions for the Contract are declared severable.
13. Assignment
This Contract may not be assigned, subcontracted, or otherwise transferred to others by the City
without the prior written consent of the Township. If this Contract is so assigned, it shall inure to
the benefit of and be binding upon any respective successors and assigns (including successive,
as well as immediate, successors and assignees) of the City.
14. Authority to Bind
The signatories to this Contract represent that they have the authority to bind themselves and
their respective organizations to this Contract.
15. Worker's Compensation
The City shall comply with all Workers' Compensation laws of the State of Ohio, if applicable.
16. Independent Contractor Status
16.1 The City and the individuals, who the City chooses to perform services under this
Agreement, shall work as independent contractors, not as employees or agents of the
Township. Nothing contained in this Agreement creates, or will be construed to create,
the relationship of employer and employee, principal and agent, partnership or joint
venture, or any other fiduciary relationship.
16.2 The City and the individuals, who the City chooses to perform services under this
Agreement, shall not be entitled to worker's compensation, retirement, insurance or other
benefits afforded to employees of the Township.
16.3 While performing under this Agreement, the City shall supply all the necessary equipment,
fuel, materials, tools, and labor. The City shall be responsible for maintaining the
equipment used to perform under this Agreement. The City also shall have complete
and sole control over when work is performed and who performs it.
17. The City's Warrants
17.1 The City's employees performing services under this Agreement will have (a) sufficient
expertise, training, and experience to accomplish the Services and (b) its personnel shall
be compensated, taxes withheld, and other benefits made available as required by
applicable law and regulations.
17.2 The City will maintain adequate general liability insurance, automobile insurance, and
workers compensation for all the equipment, materials, and labor used to perform the
services under this Agreement.
18. Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed
an original and all of which, when taken together, shall constitute one and the same Agreement.
Attachments
A. Exhibit A — Scope of Services
(Remainder of Page Intentionally Left Blank]
IN WITNESS WHEREOF, the parties have executed this Contract as of the day and year written
below.
Washington Township
Eric Richter, Township Administrator
Date
City of Dublin, Ohio
I-YA
M
M3
Megan D. O'Callaghan, Director of Public Works
Date
Angel Mumma, Director of Finance
Date
Dana L. McDaniel, City Manager
Date
Approved as to Form:
Jennifer Readler, Law Director
Date
CERTIFICATE OF AVAILABILITY OF FUNDS
It is hereby certified that the amount required to meet the obligations of this Agreement in the
fiscal year in which the agreement has been made has been lawfully appropriated for the purposes of
the contract and is in the treasury or in the process of collection to the credit of an appropriate fund
free from any previous encumbrances, obligations, or certificates now outstanding.
Joyce Robinson, Fiscal Officer
EXHIBIT A — SCOPE OF SERVICES
SECTION 1: CONTACTS
City of Dublin Contact person: Megan O'Callaghan
Public Works Department Work phone: 614.410-4751
6555 Shier Rings Road Cell: 614.704.7471
Dublin, Ohio 43016 Email: MOCallaahan(a)dublin.oh.us
City of Dublin Contact person: Robert A. James
Street & Utilities Operations Work phone: (614) 410.4708
6555 Shier Rings Road Cell: (614) 400.9431
Dublin, Ohio 43016 Email: RJames(a)dublin.oh.us
SECTION 2: SCOPE
2.1 RESPONSIBILITIES
The City shall provide all personnel, insurance, equipment, fuel, and materials necessary to
perform the appropriate snow and ice control services. These services shall be equal in quality
and frequency to those services provided on streets classified as Priority 3 within the
municipality's own areas of responsibility, and will be provided at the same time as and in the
same manner as the City's own Priority 3 streets. Priority 3 streets include residential streets,
courts, cul-de-sacs and alleys and will be serviced once Priority 1 and Priority 2 streets are
cleared. Both parties agree to maintain an open line of communication between each of the
parties, particularly in reference to the commencement and completion of snow and ice control
services. It is agreed that each party shall do its best to provide prompt, efficient, and courteous
service to Washington Township residents.
2.2 LIMITS
The City shall remove snow and treat ice at the following locations referred to as the "Amlin
Alleys' for a total of 0.5 lane miles.
A lane mile' is equal to the number of miles from one point to the other, multiplied by the
number of lanes.
It is understood that the City is not responsible for incidental damages including, but not
limited to, from plowing or deicing materials to ground cover, shrubbery, landscape lighting,
parking curbs, paver bricks, hardscapes, blacktop surfaces, concrete, movement of gravel,
light poles, mailboxes, signs, and snow piling around parked vehicles and driveway aprons.
2.3 COST
The City shall invoice the actual Cost of Work for work performed during the term of the contract.
The City shall track the Cost of Work for all snow plow and ice treatment activity performed by
the City to arrive at a Total Cost of Work for snow/ice removal for the season.
The Total Cost of Work shall include: labor, equipment, and materials. The Total Cost of Work
shall be divided by total number of lane miles serviced by the City to arrive at a Cost per Lane
Mile. The Cost per Lane Mile shall be multiplied by the number of lane miles serviced by the
City for the Township.
With the invoice, the City shall include a summary of work performed during the snow and ice
season, inclusive of: labor, regular and overtime hours worked, cost of materials and vehicles
used, and total number of lane miles serviced.
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