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67-98 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 ri.. Ordinance No_________________________ Passed 67-98 ----------------- -- -- -19- --- AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH WASHINGTON TOWNSHIP FOR THE PURPOSE OF PROVIDING MOSQUITO CONTROL SERVICES AND DECLARING AN EMERGENCY WHEREAS, The Washington Township Board of Trustees has requested that the city of Dublin provide mosquito control services to the Township, and WHEREAS, a mutual agreement/contract has been reached between the City and the Township; and WHEREAS, said services are deemed necessary to insure the public welfare, health and safety, NOW THEREFORE BE IT ORDAINED, by the Council of the City of Dublin, State of Ohio, _~ of the elected members concurring that: Section 1. The City Manager is hereby authorized to enter into an agreement with the Washington Township Board of Trustees for mosquito control services. Section 2 This Ordinance is hereby declared to be an emergency measure for the immediate preservation of the public welfare, health and safety. Passed this / ~f'~ day of 1998. ~1 ~~~ ink Officer ATTEST: Clerk of Council . , e t.~ r~,, ,.n { ,. !.,fie ~-yr-ac i~ }:. ,.; `, u v',,w ~~./tf'~a4creM~t~1? ~1!^`( ~'Qr.i ~.! "? {`?f r ~: 1 , :,:L ;~ L ,.. ~ 1, `~ ::D ~~ CITY OF DUBLIN Department of Service 6351 Shier-Rings Road • Dublin, Ohio 43016-1243 Phone: 614-761-6570 Fax: 614-761-6512 To: All Members Dublin City Council From: Timothy C. Hansley, City Manager Initiated by: Dana L. McDaniel, Director of Sena ~Oj~ Date: May 27, 1998 Re: Ordinance 67-98 Memo Staff recommends Council pass Ordinance 67-98 authorizing the City Manager to enter into an agreement with Washington Township for the purpose of providing mosquito control services. Washington Township approached the City requesting the City to provide these services in 1998 in the same fashion we have since 1995. This contract is significantly the same as used previously. The only difference is that the City and Township may annually renew upon mutual consent. Star believes that it is also in the best interest of the City to provide this service since there exist "islands" of township within the City and obviously township areas immediately adjacent to Dublin neighborhoods. By also treating- these areas, the mosquito population can be further reduced. Due to the public health and safety issues related to mosquito control, staff recommends this Ordinance be passed as an emergency. The City has sprayed portions of Washington Township already this year, absent an agreement, because we began spraying earlier than normal. Please address any questions to Dana McDaniel at work: 761-6570 or home: 717-0861. Thank you. TCH/tb AVv10SQU1TO.WPD WASHINGTON TOWNSHIP & CTTY OF DUBLIN CONTRACT FOR MOSQUTTO CONTROL SERVICES THIS CONTRACT, entered into as of this day of , 1998, by and between Washington Township (hereinafter referred to as the "Township") and the City of Dublin (hereinafter referred to as the "City"). ARTICLE I -SCOPE OF SERVICES The City agrees to provide services as specified in Exhibit A. ARTICLE II -TERM OF CONTRACT This contract shall become effective immediately and shall be in effect until December 31, 1998. The City and Township may choose to extend this contract annually via letter. Such extension must be mutually agreed upon in said letter and said letter must be signed by both the City and the Township. 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 pint of contact. The point of contact: a. Shall have the ability to authorize the City to begin and terminate services. b. Shall coordinate services with the City. 3. Full compliance with this contractual agreement. ARTICLE TV -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 weekly service, notification of all services 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. 5. Provide services to all areas within the unincorporated portions of the Township. ARTICLE V -COMPENSATION AND PAYMENT The Township shall compensate the City $619.00 per week for each week of service provided. The City shall invoice the ,,~, Township upon completion of service. The Township shall pay all invoices within 45 days upon receipt of invoice. ARTICLE VI -TERMINATION The Township may, by written notice to the City, terniinate this contract prior to December 31, 1998, if the City fails to perform any of its material obligations hereunder, and does not cure such failures within fifteen (15) days after receipt of written notice 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. rwwr ARTICLE VII -This Contract shall be governed by the laws of the State of Ohio. ARTICLE VIII -INSURANCE 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 it sown expense, General Liability insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence. The 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 of use resulting therefrom in an amount not less than Five Hundred Thousand Dollars ($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 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 provision of this contract. The Township shall be immediately notified in any of the foregoing insurance is canceled, 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 provision hereinbefore 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 CTTY OF DUBLIN WASHINGTON TOWNSHIP By: Timothy C. Hansley City Manager Date: By: Printed Name: Title: Date: ,, CERTIFICATION OF FUNDS I hereby certify that the funds required to meet the City's obligation, payment or expenditure under this Contract have been lawfully appropriated or authorized for such purpose and are in the fund and are free from any obligation now outstanding. Director of Finance Date CERTIFICATION OF FUNDS I hereby certify that the funds required to meet the Township's obligation, payment or expenditure under this Contract have been lawfully appropriated or authorized for such purpose and are in the fund and are free from any obligation now outstanding. Washington Township bate APPROVAL OF DEPARTMENT/DIVISION HEAD MANAGING CONSULTANT/SERVICE Division Head Department Head EXHIBTT A SCOPE OF SERVICES The City shall perform the following services for Washington Township in its unincorporated areas: Surveillance and monitoring of the mosquito population of both pest and disease carrying mosquitoes. Monitoring shall be provided by the City with assistance from the franklin County Board of Health, as requested by the City. When the City and/or County Board of Health detects the need for nuisance abatement of adult mosquitoes or mosquito larva, they will recommend to the Township's designated point of contact to initiate or ternunate services. 2. Aggressive adulticide activities (fogging). The City shall provide mosquito fogging services as a means to attempt to mitigate potential cases of Encephalitis and reduce the level of nuisance caused by adult mosquitoes, enabling residents' to enjoy the outdoors. The City shall provide certified/licensed personnel, using a U.L.V. Nonthermal Aerosol (Cold Fog) Application method, materials and appropriate equipment to safely conduct mosquito fogging services. The City anticipates and plans to provide seven (7) weeks of service between the second week of June and the second week of September. However, services shall not be restricted or limited to this time frame. The City shall commence weekly fogging services upon approval from the Township's point of contact and will continue on a week by week basis until services are ternunated by the Township's point of contact. 3. Larvicide contro4 Control of mosquito larva may be used as a method to control the mosquito population. This service shall be provided by the Franklin County Board of Health in coordination with City efforts and with the City's oversighbassistance. The Franklin County Board of Health has committed to continue to provide such services at no charge for 1998. Larvicide control will be provided on an as needed basis. 4. The City will be responsible for informing the public about mosquito spraying via local newspapers (Dublin Villager and Dublin News).