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032-87 Ordinance RECORD OF ORDINANCES ...>- f National Graphics Corp., Cols., O. ~ Form No. 2806.A Ordinance No. __n=EtL Passed__m_ --- - - -- _._---- __m__19_.. AN ORDINANCE AUTHORIZING AN AGREEMENT TO PROVIDE FIRE HYDRANT MAINTENANCE SERVICES. WHEREAS, the Village of Dublin has previously contracted with the Washington Township Trustees for the care and cleaning of the Village's fire hydrant system; and WHEREAS, the Washington Township Trustees have proposed a new contract which extends said services to include painting said fire hydrants; NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Dublin, State of Ohio, 5 of the elected members concurring: Section 1. That the agreement attached hereto as Exhibit A is hereby accepted. Section 2. That the Acting Village Manager be, and hereby is, authorized to enter into a contract with the Washington Township Trustees to provide services as proposed in Exhibit A. Section 3. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed this 4th day of May , 1987. ~ Mayor - Presiding Officer Attest: /) ~ ~ ~~co cY: Sponsor: Acting Village Manager I hereby certify that copies of this Ordinance/Resoluti~n were posted in the Village of [II", i:1 accordance With Section 731.25 of the Ohio R::.;~"~ ..ode. tfhUP-<J~' 7{-A~A ~ C eri of Council '.. AGREErvlENT This contract 1S made and entered into by and between the Board of Township Trus tees (the "Board"), of \.Jashing ton Township, Franklin County, Ohio (the "Township"), and the Village of Dublin, Ohio (the "Village"). Whereas, the Village desires to enter into a contract with the Board for the care and cleaning of the Village's fire hydrant water system, it is THEREFORE AGREED by and between the parties hereto, as follows: 1. The Village shall provide the Township Fire Department (the "Fire Department") with a list of fire hydrants included in this Agreement. This list shall be provided to the Board, through the Fire Chief of the Fire Department, no later than the first day of January of each year, or within ninety (90) days of the signing of the Agreement. Additions; deletions or other reVlSlons to this list shall be made by notifying the Board, through the Fire Chief, in writing of the change. Only hydrants on the list shall be counted for payment and/or receive care and attention by the Fire Department. The count and billing shall be adjusted quarterly. 2. The Board, through the Fire Department, shall care for the said fire hydrants in accordance with the following schedule: A. Spring: Flushing of each and every hydrant. B. Summer: Clearing of debris and plant growth. c. Fall: Pump each and every hydrant. D. ~.Jinter: Inspect for leaks. E. Paint hydrants, as needed basis. The Village releases the Township, its officers and employees from, agrees that neither the Township nor its officers or employees shall be liable for, and agrees to indemnify and hold the Township, its officers and employees harmless against, all liabilities, claims, costs and expenses imposed upon or asserted against them on account of this Agreement, except that any dmaage done as a result of performing "A", lfBI! I "C', ana IfD'! such as washing out road ways or private lawns, opening or closing 1 t od t 0 fl ., tl h l' b . va ves a a rapl ra e cauSlng water-nammc~ sa 1 e the responsibility of the Board and, further, except that the Township, its officers and employees shall not be indemnified for any loss or damage to property or lnJury to or death of any person caused by the Township, its , ., , officers or employees to the extent the Township, its officers or employees would have any liability therefor under the laws of the State of Ohio. Further, lists shall be provided on a timely basis indicating dates that functions "A", "B", "C", and "0" were done. Any defective hydrants or hydrant needing even mlnor repair work shall be reported to the City Manager of the Village no later than two (2) days following the inspection. Problems of this nature found during winter inspection shall be reported within twenty-four (24) hours. 3. The Board, by and through the Fire Department, shall immediately bring to the attention of the Village any defective, leaking, or inoperative hydrants, valves, mains, and equipment ancillary to the operation of the water supply fire fighting equipmen t. It lS agreed that snow and lce removal lS shared responsibility, and lS not included as a sole duty of the Fire Department. 4. The Village agrees that either it, and/or any developer or contractor installing new fire hydrants must first submit plans and specifications showing the location of all hydrants and watch valves and Slze of mains to the fire department for review and comments prlor to installation. In the event such aforementioned equipment has previously been installed, the Village will provide a cor;,plete, current water atlas to the Fire Department. 5. For the above enumerated serVlces, the Board shall receive from the Village, thirty-five ($35.00) per hydrant per year. 6. No prOVlSlons of this co n t r ac t shall take effect until properly executed by the Board and properly executed by the City Manager in contract form, and in keeping with the laws of Ohio controlling such governmental units. 7 . This contract lS of one year duration beginning at the date of this contract and its final acceptance by both the Board and the Village and ending one year later. The contract shall automatically renew continually for additional one year terms without modification, unless either of the parties glves written notice by January first that they wish to rescind or modify this contract. This contract may be terminated with a ninety day written notice. s. Dublin Maintenance Department will be responsible for providing the paint and reflective beads to be used by the the Fire Department during hydrant painting. -2- . , , < 9. All portions of this contract are severable; should one portion be found unenforceable, void, voidabl.e, or unlavJful, it shall not void the entire contract. Accepted and agreed to this {)/ 5', day of ::JV(\/ L , 19 If? BOARD OF TOWNSHIP TRUSTEES, WASHINGTON TOWNSHIP, FRANKLIN ~O~IJ~ C alrman VILLAGE OF DUBLIN, OHIO ~\ ~ BY'dr~I:C \AH~ en t1anage !'\"-4~ ---~ APPROVED AS TO FORM: Legal Counsel, Board of Township Trustees, Washington Township, Franklin County, Ohio Legal Counsel, Village of Dublin, Ohio ~et,~ ~~P.A:~ ') -.J" MEMORANDUM TO: All Council Members FROM: Nan Prushing, Acting Village Manager SUBJECT: Fire Hydrant Maintenance DATE: March 6, 1987 A proposal has been received from Washington Township to add painting hydrants to our contract for an additional cost of $5.00. (We provide the paint.) A proposal has also been received from another company to provide the same services at a lesser cost. I personally feel more comfortable contracting with the fire department as opposed to a private business. I believe when the Township first approached us, their concern was arriving on a call only to find a hydrant broken. The feeling was that they would have better control if they were performing the servicing themselves. I also think they expressed some concern over liabilities incurred due to improperly maintained hydrants. NJP:fmu