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Resolution 050-20RECORD OF RESOLUTIONS BARRETT BROTHERS - DAYTON, OHIO Form 6301 Resolution No. 50-20 Passed A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH DUBLIN DEVELOPMENT, LLC FOR THE PURPOSE OF USING CERTAIN STRUCTURES ON MONTEREY DRIVE FOR FIRE/EMS AND POLICE TRAINING AND DEMOLITION AND REMOVAL OF SAID STRUCTURES AND WAIVING COMPETITIVE BIDDING WHEREAS, the City of Dublin Police and Washington Township Fire/EMS must continuously train to develop and enhance their members skills and abilities while also training with assigned equipment; and WHEREAS, realistic training in real structures is a unique and rare opportunity; and WHEREAS, staff has negotiated favorable terms with Dublin Development LLC, owners of certain currently abandoned structures on Monterey Drive in Dublin, to use these structures for training purposes; and WHEREAS, such training will result in damages to the structures rendering them further unusable; and WHEREAS, both the owner and the City desire to have such structures demolished; associated debris properly removed and disposed of; and necessary site restoration provided; and WHEREAS, the City of Dublin is willing to oversee the demolition and removal of these structures and provide site restoration at the City's expense; and WHEREAS, it is necessary to waive competitive bidding in order to effectively train the City and Township's first responders and competitive quotes have been received. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Dublin, .0 -1 of the elected members concurring that: Section 1. The City Manager is hereby authorized to enter into the Agreement with Dublin Development LLC attached hereto. Section 2. Competitive bidding is hereby waived. Section 3. This Resolution is effective upon passage in accordance with Section 4.04(a) of the Revised Charter. Passed this day of , 2020. Mayor -Presiding Officer Attest: Clerk of Council 7City of Dublin Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614.410.4400 • Fax: 614.410.4490 To: Members of Dublin City Council From: Dana L. McDaniel, City Manager Date: September 22, 2020 Initiated By: Dana L. McDaniel Summary Memo Re: Resolution 50-20, authorizing the City Manager to enter into an Agreement with Dublin Development, LLC. to conduct training and remove structures on Monterey Drive As a result of discussions with the property owners of the abandoned duplexes on Monterey Drive, staff has secured a unique opportunity to provide valuable training opportunities to both Washington Township Fire/EMS and Dublin Police. Fire/EMS and Police use such abandoned properties to conduct various realistic training exercises for firefighters, EMS personnel and police officers. Using such properties is a rare opportunity and adds to our ability to effectively train and develop various skills, as well as, practice with equipment. Such training may include but not necessarily be limited to fire entry, containment and firefighting techniques; evacuation of patients; controlled entry, active shooter and room clearing training. This may also provide a unique joint training opportunity between Fire/EMS and Police. The property owner has agreed to allow the City and Washington Township to conduct such training in exchange for the City being responsible for the permitting, oversight and costs associated with the demolition of the structures, removal of the structures' debris and necessary site restoration. The attached Agreement between Dublin Development, LLC, City of Dublin and Washington Township provides the terms of this arrangement. At this time, bid estimates received are right at the bid threshold limit of $75,000. Staff requests competitive bidding be waived for this project as a competitive bid process will not yield any lower cost than the competitive quotes already obtained and these costs may ultimately be at or only slightly above the bidding threshold. Training the City and Township's first responders is in direct support of the City's highest priority to protect the public safety. Additionally, neighbors and the community as a whole will likely appreciate the removal of these unsightly structures. Per the Agreement, these structures are to be removed by December 1, 2020. Recommendation Staff recommends Council pass Resolution 50-20 creating a valuable training experience for first responders while also eliminating abandoned structures. Please contact Dana McDaniel with any questions you may have. POLICE AND FIRE DEPARTMENT TRAINING AGREEMENT THIS POLICE AND FIRE DEPARTMENT TRAINING AGREEMENT (the "Agreement") is entered into as of the Effective Date, as defined in Section 10 of this Agreement, by and between Dublin Development, LLC, 112 2°d Avenue, Nashville, TN 37201 ("Dublin Development"), the City of Dublin, Ohio, 5555 Perimeter Drive, Dublin, OH 43017 ("the City") and Washington Township, 6200 Eiterman Road, Dublin, Ohio 43016 ("the Township"). Recitals WHEREAS, Dublin Development owns the real properties and buildings located at 48-87 Monterey Drive, City of Dublin, County of Franklin, State of Ohio, being Franklin County Parcel Nos. 273-000210; 273-000211; 273-000214; 273-000215; 273-000216; 273-000217 (collectively the "Property"); and WHEREAS, Dublin Development desires the buildings located on the Property to be demolished in anticipation of a future real estate development on the Property (the "Project"); and WHEREAS, prior to demolition of the buildings for the Project, Dublin Development desires to allow the Dublin Police Department and the Washington Township Fire Department to utilize the Property and the buildings for the Training Exercises defined in Section 1 of this Agreement; and WHEREAS, the Dublin Police Department and the Washington Township Fire Department desire to utilize the Property and the buildings for the Training Exercises hereinafter defined. Agreement NOW, THEREFORE, in consideration of the mutual covenants and considerations hereinafter set forth, the sufficiency of such consideration being hereby acknowledge, the Parties agree as follows: 1. Entry onto the Propertv and Buildings and Subsequent Demolition. Dublin Development hereby expressly authorizes the City's Police Department and the Township's Fire Department to enter onto the Property and the buildings for the purpose or conducting the Training Exercises, which include, but are not limited to, destructive training evolutions such as (a) breeching walls, (b) cutting open the roof and roof structures, (c) forcible entry through doors and windows, (d) cutting holes in floors, and (e) conducting training fires (collectively, the "Training Exercises"). Dublin Development further authorizes the City to remove all the buildings and the resulting debris. 2. Term of Agreement. The term of this Agreement will begin on the Effective Date, as hereinafter defined. The Training Period will commence on October 1, 2020 and end no later than November 1, 2020. The City will then ensure that all buildings are demolished and debris removed no later than December 1, 2020. The City will assume all costs for demolition of the buildings and removal of remaining materials. THE POLICE DEPARTMENT AND THE FIRE DEPARTMENT UNDERSTAND AND AGREE THAT NO TRAINING EXERCISES OR DEMOLITION OF BUILDINGS AND REMOVAL OF MATERIALS UNDER THIS AGREEMENT SHOULD BEGIN ON THE PROPERTY UNTIL ALL REQUIRED SIGNATURES ON THIS AGREEMENT HAVE BEEN OBTAINED. ANY TRAINING EXERCISES PERFORMED ON THE PROPERTY PRIOR TO SUCH TIME SHALL BE CONSIDERED AS HAVING BEEN PERFORMED IN VIOLATION OF THIS AGREEMENT AND SHALL CONSTITUTE A TRESPASS ONTO THE PROPERTY. 3. Waiver of Trespass. Subject to Section 2 of this Agreement, Dublin Development expressly waives any claim of trespass against the Township, its trustees, employees, agents, and representatives and the City, its elected officials, employees, agents and representatives, for entry onto the Property for the purposes of conducting the Training Exercises, demolishing and removing the buildings and any other related activity on the Property. 4. Waiver of Damages to the Propertv or Buildings. Subject to Section 2 of this Agreement, Dublin Development expressly waives any claim against the Township, its trustees, employees, agents, and representatives and the City, its elected officials, employees, agents and representatives, for any damages to the Property or the buildings caused or allegedly caused by the Division of Police or Fire Department in the course of performing the Training Exercises and activities related thereto. Dublin Development further expressly agrees to the City demolishing all the buildings and removing all resulting debris. 5. Liability. The Township shall be solely liable for any injury, including illness, to Fire Department personnel or to third parties or damage to Fire Department equipment or property owned by third parties related to or arising out of the Training Exercises. The City shall be solely liable for any injury, including illness, to Police Department personnel or to third parties or damage to Police equipment or property owned by third parties related to or arising out of the Training Exercises. Each of the Township and the City represent and warrant that they have effective and adequate insurance policies that will permit them to fulfill their respective obligations under this paragraph and this Agreement. 6. Demolishing of Buildings and Clean Up. The City shall be responsible for demolishing all of the buildings on the Property and removing all demolition debris and any debris related to training from the Property following the completion of the Training Exercises. Dublin Development shall have no obligation to obtain or to pay for any relevant permits which would be necessary before commencing and completing demolition of the buildings in the absence of the Training Exercises. Dublin Development certifies that all utilities servicing the buildings have been disconnected. 7. Inspection and Remediation. No later than five (5) days after execution of this Agreement, Dublin Development shall provide the City, the Fire Department and any of their representatives access to the buildings for inspection to determine if any safety issues exist and to determine estimated costs for demolition. Dublin Development shall designate a local representative to coordinate the inspection and any work conducted on the Property pursuant to this Agreement. The local representative's name is Jay DeVore, email address is iayndev.partners and mobile phone number is (614) 314-7318. Dublin Development's local representative will work with the City to coordinate all work on the Property in an expeditious manner. If any of the buildings 2 contain asbestos or other harmful materials, Dublin Development expressly consents to the City's remediation priorto commencing demolition and agrees to any extension necessitated by the removal of asbestos or any other harmful materials. The City may terminate the Agreement if hazardous materials are identified in the buildings and the City does not desire to move forward with remediation. Dublin Development makes no representations or warranties to the Township or the City with respect to the condition of the Property or the buildings located thereon, or with respect to the fitness of the Property or such buildings for use in conjunction with the Training Exercises. 8. Communication to Residents. The City agrees to pro -actively communicate with all homeowners in the immediate area, to include the leadership of both the Waterford Homeowner Association and Franklin Street Homeowner Association, that training will be conducted on these properties; that the buildings will be removed after the completion of training; and that this was made possible with the support and partnership of the owners of the buildings/Dublin Development, LLC. 9. Representations and Warranties. a. Dublin Development represents and warrants that it possesses sole and exclusive authority to permit the Training Exercises at the Property and buildings in question and the subsequent removal of the buildings. Dublin Development further represents and warrants that the Property and related buildings are free and clear of all liens, mortgages, issuance claims and claims of any kind that would prevent the destruction of the buildings or prejudice the rights of any person. b. Dublin Development agrees to provide the Police Department and the Fire Department any inspection reports identifying all locations within the buildings on the Property that contain asbestos or other harmful materials within 10 days of execution of this Agreement. c. Dublin Development agrees to permit access to the Property for inspection purposes prior to the Training Period by the City, the Fire Department and their representatives. 10. Effective Date. The Effective Date of this Agreement shall mean (i) the date on which all parties execute this Agreement, if the parties execute this Agreement on the same date, or (ii) if the parties do not execute this Agreement on the same date, the date on which the last party executes this Agreement. 11. 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 arising out of or relating to this Agreement or its breach will be decided in a court of competent jurisdiction within Franklin County, Ohio. 12. 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 if hand -delivered or sent by recognized, overnight delivery service or by certified mail, postage prepaid and 3 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 send 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: a. If to the City: Dana McDaniel, City Manager 5555 Perimeter Drive Dublin, Ohio 43017 b. If to the Township: Eric Richter, Township Administrator 6200 Eiterman Road Dublin, OH 43016 c. If to Dublin Development: Brad Daniel 1122 nd Avenue Nashville, TN 37201 13. General Provisions. a. This Agreement contains all terms and conditions agreed to by the Parties hereto. Statements or representations which may have been made by any Party in the negotiation stages of this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value to any Party. Only the written terms of this Agreement will bind the Parties. b. Any failure of any Party to enforce any of the terms, covenants and conditions in this Agreement does not infer or permit a further waiver of that or any other right or benefit under this Agreement. A waiver by one Party of any right or benefit provided in this Agreement does not infer or permit a further waiver of that right or benefit, nor does it infer or permit a waiver of any other right or benefit provided in this Agreement. c. This Agreement will pass to the benefit of and be binding upon the Parties' respective successors and permitted assigns. d. The clauses, paragraphs, and subparagraphs contained in this Agreement are intended to be read and construed independently of each other. If any part of this Agreement is held to be invalid, such invalidity will not affect the operation of any other part of this Agreement. e. All of the rights, remedies and benefits provided in this Agreement will be cumulative and will not be exclusive of any other such rights, remedies and benefits allowed by law or equity that the Parties may have now or may acquire in the future. 4 f. This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original and all of which together will be deemed to be one and the same instrument. g. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the dates set forth below. Dublin Development LLC Washington Township, Ohio Name: Its: City of Dublin, Ohio Dana McDaniel Its: City Manager Date: Eric Richter Its: Township Administrator Date: