99-96 Ordinance
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance NOon 99-96 Passed__.n __.__.__.n ..J9n...
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AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT WITH WASHINGTON TOWNSHIP
FOR SNOW REMOVAL SERVICES
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WHEREAS, The Washington Township Board of Trustees has requested that the city of Dublin provide
snow removal service to certain Township streets, and
"'- WHEREAS, a mutual agreement/contract has been reached between the City and the Township; and
WHEREAS, said services are deemed necessary to effect the safest travel conditions possible,
NOW THEREFORE BE IT ORDAINED, BY THE COUNCIL OF THE CITY OF DUBLIN, STATE OF OHIO,
r-; OF THE ELECTED MEMBERS CONCURRING THAT:
Section 1. That, the City Manager is hereby authorized to enter into an agreement with the Washington
Township Board of Trustees for snow removal services.
Section 2 That, THIS ORDINANCE SHALL BE EFFECTIVE ON THE EARUEST DATE PERMITTED BY LAW.
JIIIIIII day of /VOj)(Jt\h~Y.1996.
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ATTEST:
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Clerk of Council
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WASHINGTON TOWNSHIP & CITY OF DUBLIN
CONTRACT FOR SNOW REMOVAL SERVICES
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THJS CONTRACT, entered into as of this -.:... day of _, 1996, by and between
Washington township (hereinafter referred to as the l'Township") and the City of Dublin
(hereinafter referred to as the "City'l
ARTICLE I - SCOPE OF SERVICES
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The City agrees to provide services as specified in Exhibit A.
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ARTICLE II - TERM OF CONTRACT
This contract shall become effective immediately and shall be in effect until May 1. 1997.
ARTICLE III - TOWNSHIP RESPONSIBILITIES
The Township shall accomplish the following:
1. Give prompt notice to the City whenever the Township observes, or otherwise
becomes aware of any fault or deficit in the service or any non-conformance with
this contract.
2. The Township shall designate a point of contact to represent the Township on a
day-to-day basis and notify the City as to who shall serve as this point of contact.
The point of contact:
a. Shall have the ability to authorize the City to begin and
terminate services.
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b. Shall coordinate services with the City.
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3. Shall monitor the contract to ensure full compliance with this contractual
agreement.
ARTICLE IV -- CITY RESPONSIBILITIES
The City shall accomplish the following in addition to Exhibit A:
1. Execute the services as defined in Article I and within the designated time frame.
2. Give prompt notice to the Township whenever the City observes. or otherwise
becomes aware of any fault or deficit in the service or any non-conformance with
this contract.
3. The City will provide the Township after each service, notification of all services
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(Snow Removal Services, City of Dublin & Washington Township Board of Trustees,
cont'd, page 2)
performed and an assessment of the need for additional services.
4. The City will provide all labor, tools, vehicles and materials required to perform the
services as identified in this contract and Exhibit A.
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ARTICLE V -- COMPENSATION AND PAYMENT
...... a. The City shall be compensated for services as follows:
1. $50.00 per hour for labor, equipment and fuel costs.
2. $37.38 per ton of salt used. (Due to not having scales, salt usage will be
approximated.)
b. The City shall invoice the Township monthly for services rendered during the
period of the contract. Said invoice shall itemize hours spent and salt used.
ARTICLE VI -- TERMINATION
The Township may, by written notice to the City, terminate this contract prior to May 1,
1997, if the City fails to perform any of its material obligations hereunder, and does not
cure such failures immediately upon notification from the Township specifying in detail
such failures. Provided such termination occurs prior to completion of the Scope of
Services herein, the Township agrees to pay the City for work actually performed in
accordance with the terms of this Contract through the cancellation date.
ARTICLE VII - This contract shall be governed by the laws of the State of Ohio.
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ARTICLE VIII - INSURANCE
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The City shall secure and maintain at its own expense insurance for protection from
claims under Worker's compensation acts for damages because of bodily injury including
personal injury, sickness or disease or death of any and all City employees or of any
person hired by the City other than such employees.
The City shall secure and maintain, at its own expense, General Liability insurance in an
amount not less than One Million Dollars ($1,000,000) per occurrence.
Th~ City shall secure and maintain, at its own expense, Automobile Insurance, including
coverage for non-owned and hired autos, with a combined single limit of not less than
Five Hundred Thousand Dollars ($500,000) per occurrence.
The City shall secure and maintain, at its own expense, Property Insurance for protection
from claims or damages because of damage to or destruction of property including loss
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(Snow Removal Services, City of Dublin & Washington Township Board of Trustees,
cont'd, page 3)
of use resulting therefrom in an amount not less than Five Hundred Thousand ($500,000).
In addition, the City shall hold the Township harmless for any damage to its
tools/equipment unless it can prove negligence on the part of the Township, its
employee(s)/agents(s) .
........ The above referenced insurance shall be maintained in full force and effect during the life
of this Agreement. Certificates showing that the City is carrying the above referenced
- insurance in at least the above specified amounts shall, upon request, be furnished to
and approved by the City prior to the start of work on the project and before the Township
is obligated to make any payment to the City for the work performed under the provisions
of this contract. The Township shall be immediately notified if any of the foregoing
insurance is cancelled, not renewed, reduced, or otherwise materially altered during the
term of this contract.
ARTICLE IX - NON-WAIVER
Nothing in this contract including without limitation, the insurance provisions herein before
provided, shall in any way serve to supersede, waive, limit and/or otherwise affect any
rights, privileges and/or immunities afforded to either party under applicable law, including
but not limited to, those contained in Chapter 2744 of the Revised Code of the State of
Ohio.
IN WITNESS THEREOF, the parties hereto have executed this Agreement in triplicate
originals.
THE CITY OF DUBLIN WASHINGTON TOWNSHIP
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By: ~:~UAAv~
.... Timothy C. Hansley Print Name::j Q.0 V\ ~l~
City Manager Trtle: ~
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I Date Date
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