Agenda - Tuesday, August 11, 2020

CITY OF INDEPENDENCE

REGULAR COUNCIL MEETING

AUGUST 11, 2020 7:00 PM

COUNCIL CHAMBERS

AGENDA

CAUCUS WILL BEGIN VIA ZOOM AT 5:30 P.M. FIND THE LINK TO CONNECT AT

WWW.INDEPENDENCEOHIO.ORG (QUESTIONS/COMMENTS CAN BE

SENT IN ADVANCE OF MEETING TO [email protected]

PLEASE REFER TO AGENDA ITEM IN YOUR E-MAIL) REV. 3

ROLL CALL

ADJOURNMENT

ROLL CALL

PRAYER BY FATHER JOHN MULLEE OF ST. MICHAEL'S CHURCH

APPROVAL OF MINUTES

MINUTES OF REGULAR COUNCIL MEETING OF JULY 14, 2020,

MINUTES OF FINANCE COMMITTEE MEETING OF JULY 28,

2020

OFFICIALS' REPORTS

Engineer

Finance Director

Service Director

Technical Service Director

Community Services Director

Recreation Director

Building Official

Fire Chief

Police Chief

STANDING COMMITTEE REPORTS

MAYOR'S REPORT

LEGISLATION

SECOND READING

ORDINANCE NO. 2020-65

AN ORDINANCE TO PROVIDE FOR THE ISSUANCE OF

NOTES OF THE CITY OF INDEPENDENCE, OHIO IN

THE PRINCIPAL AMOUNT NOT TO EXCEED $17,375,000

IN ANTICIPATION OF THE ISSUANCE OF BONDS FOR

VARIOUS PURPOSES AND DECLARING AN

Regular Council Meeting – August 11, 2020 2

APPROVAL OF CONSENT AGENDA ITEMS LISTED UNDER

CONSENT AGENDA AND IDENTIFIED BY AN * ARE CONSIDERED

ROUTINE. EACH ITEM WILL BE READ INDIVIDUALLY INTO THE

RECORD, AND THE CONSENT AGENDA WILL THEN BE VOTED ON

AS A WHOLE BY ONE MOTION AND ROLL CALL. THERE WILL BE

NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION BY

COUNCIL IS DESIRED ON ANY CONSENT AGENDA ITEM, THE ITEM

WILL BE REMOVED FROM THE CONSENT AGENDA AND

CONSIDERED IN ITS NORMAL SEQUENCE UNDER THE REGULAR

ORDER OF BUSINESS.

FIRST READING

EMERGENCY (REV.3) (I: VICE MAYOR GRENDEL,

COUNCILPERSON VEVERKA)


AN ORDINANCE TO PROVIDE FOR THE ISSUANCE

AND SALE OF GENERAL OBLIGATION BONDS OF THE

CITY OF INDEPENDENCE, OHIO IN THE PRINCIPAL

AMOUNT NOT TO EXCEED $17,375,000 TO RETIRE AT

MATURITY CERTAIN NOTES ISSUED IN

ANTICIPATION OF BONDS FOR VARIOUS PURPOSES

AND DECLARING AN EMERGENCY (REV.3) (I: VICE

MAYOR GRENDEL, COUNCILPERSON VEVERKA)


AN ORDINANCE CONTINUING THE APPOINTMENT OF

GREGORY J. O’BRIEN AS THE CITY’S LAW DIRECTOR

AND TAFT STETTINIUS & HOLLISTER LLP AS THE

CITY’S LAW DEPARTMENT* (I: MAYOR KURTZ,

VICE MAYOR GRENDEL, COUNCILPERSON

KAPUSTA, COUNCILPERSON NARDUZZI,

COUNCILPERSON SYNEK, COUNCILPERSON

TRAKAS, COUNCILPERSON VEVERKA,

COUNCILPERSON WALCHANOWICZ)


AN ORDINANCE AMENDING ORDINANCE 2020-5 TO

EXTEND THE DURATION OF VANCUREN SERVICES,

INC. CONTRACT FOR GENERAL CITY TREE

TRIMMING, REMOVAL, DISPOSAL AND RELATED

LABOR AND EQUIPMENT FOR CITY PROPERTY* (I:

COUNCILPERSON WALCHANOWICZ,

COUNCILPERSON TRAKAS, COUNCILPERSON

NARDUZZI)

ORDINANCE NO. 2020-84 AN ORDINANCE AUTHORIZING AN INCREASE IN THE

AMOUNT OF FUNDS ALLOCATED TO THE


RETENTION OF MAZANEC, RASKIN & RYDER CO.,

LPA FOR PROFESSIONAL LEGAL SERVICES* (I:

COUNCILPERSON SYNEK, VICE MAYOR GRENDEL,


KAPUSTA, COUNCILPERSON VEVERKA) (Authorizing

an increase in the amount of funds allocated to the retention of

Attorney John T. McLandrich and the law firm of Mazanec,

Raskin & Ryder Co., LPA to represent Anthony Togliatti in his

former official and individual capacity, in an amount not to

exceed $20,000.00, and for a total amount not to exceed

$45,000.00)


AN ORDINANCE AUTHORIZING THE MAYOR TO

ENTER INTO A PURCHASE AGREEMENT WITH KIN

PROPERTIES, INC. FOR THE PURCHASE OF REAL

PROPERTY LOCATED WITHIN THE CITY* (I: MAYOR

KURTZ) (Authorizing the Mayor to enter into a Purchase

Agreement with Kin Properties, Inc., for the purchase and sale

of the Kin Property in an amount not to exceed $1,175,000.00,

and expend up to $20,000.00 in closing costs, for a total

amount not to exceed $1,195,000.00)


AN ORDINANCE AUTHORIZING FUNDING FOR ROAD

AND RIGHT-OF-WAY REPAIRS NECESSITATED BY

NUMEROUS WATER MAIN BREAKS, LEAKS, AND/OR

WATER VALVE AND/OR HYDRANT REPAIRS 2020* (I:

COUNCILPERSON VEVERKA, VICE MAYOR

GRENDEL, COUNCILPERSON NARDUZZI) (Authorizing the Mayor and Finance Director to sign the

documents necessary to fund the ongoing and likely future

road and right-of-way repair work necessitated by numerous

water main breaks, leaks and/or water valve and/or hydrant

repairs in an amount not to exceed $100,000.00)


AN ORDINANCE AUTHORIZING THE MAYOR TO

EXECUTE AN AGREEMENT WITH KIMBLE

COMPANIES INC. FOR RECYCLING PROCESSING

SERVICES* (I: COUNCILPERSON KAPUSTA,


WALCHANOWICZ) (Authorizing the Mayor to execute and

deliver to Kimble Companies, Inc., an Agreement for Recycling

Processing Services, for a period of two years, beginning

September 1, 2020 and ending August 31, 2022, in an

estimated amount not to exceed $55,200.00)

ORDINANCE NO. 2020-88 AN ORDINANCE AUTHORIZING THE

RETENTION OF TRAVELERS PROPERTY CASUALTY


COMPANY OF AMERICA FOR INSURANCE

UNDERWRITING SERVICES FOR THE PURCHASE OF

PROPERTY, AUTOMOBILE, INLAND

MARINE/EQUIPMENT, AND CRIME/CYBER

INSURANCE 2020 – 2021* (I: VICE MAYOR GRENDEL,

COUNCILPERSON VEVERKA, COUNCILPERSON

SYNEK) (Authorizing the Mayor to enter into an agreement

with Travelers Property Casualty Company of America, 9601

McAllister Freeway, Suite 7700, San Antonio, Texas 78216 for

insurance underwriting services, for the purchase of property,

automobile, inland marine/equipment and crime/cyber

insurance for the period beginning August 20, 2020 and

ending August 19, 2021 in an amount not to exceed

$112,644.00)


AN ORDINANCE AUTHORIZING THE RETENTION OF

DIMIT ARCHITECTS, LLC FOR PROFESSIONAL

ARCHITECTURAL AND PLANNING DESIGN SERVICES

IN CONNECTION WITH CENTRAL DOWNTOWN

PARCELS LOCATED ON THE EAST AND WEST SIDE

OF BRECKSVILLE ROAD OWNED BY THE CITY AND

ST. MICHAEL’S CHURCH* (I: COUNCILPERSON

WALCHANOWICZ, COUNCILPERSON NARDUZZI,

COUNCILPERSON TRAKAS) (Authorizing the Mayor and

Finance Director to enter into an agreement with Dimit

Architects, LLC, 14414 Detroit Ave., Suite 306, Cleveland,

Ohio 44107, to provide professional architectural and

planning design services in connection with Downtown

Planning for central downtown parcels located on both the

east and west side of Brecksville Road owned by the City and

St. Michael's Church, in an amount not to exceed $30,000.00)


AN ORDINANCE GRANTING A U-3 SPECIAL

CONDITIONAL USE PERMIT TO FORTUNA FUNERAL

HOME, INC. AND GRANTING AN EASEMENT FOR

PROPERTY LOCATED AT 7064 BRECKSVILLE ROAD*

(I: VICE MAYOR GRENDEL, MAYOR KURTZ)


2020 ANNUAL APPROPRIATIONS ORDINANCE* (I:

MAYOR KURTZ, COUNCILPERSON VEVERKA, VICE

MAYOR GRENDEL, COUNCILPERSON SYNEK)


AN ORDINANCE ACCEPTING THE PROPOSAL OF

EUTHENICS, INC. FOR PROFESSIONAL SERVICES IN

CONNECTION WITH THE HILLSIDE ROAD SIDEWALK

IMPROVEMENTS PROJECT (HAWTHORN TRACE TO S.

GREAT OAKS PARKWAY)* (I: COUNCILPERSON


MISCELLANEOUS BUSINESS

EXECUTIVE SESSION (IF NECESSARY)

ADJOURNMENT

VEVERKA, VICE MAYOR GRENDEL,

COUNCILPERSON NARDUZZI) (Authorizing the Mayor

and Finance Director to enter into an Agreement with

Euthenics, Inc., 8235 Mohawk Drive, Strongsville, Ohio

44136, for professional engineering services to complete the

engineering to develop detailed plans and bid documents for

the Project in a total amount not to exceed $84,154.00)

ORDINANCE NO.: 2020-65 INTRODUCED BY: VICE MAYOR GRENDEL, COUNCILPERSON VEVERKA

AN ORDINANCE TO PROVIDE FOR THE ISSUANCE OF NOTES OF THE CITY OF INDEPENDENCE, OHIO IN THE PRINCIPAL AMOUNT NOT TO EXCEED

$17,375,000 IN ANTICIPATION OF THE ISSUANCE OF BONDS FOR VARIOUS PURPOSES AND DECLARING AN EMERGENCY (REV.3)

FISCAL OFFICER’S CERTIFICATE

$3,350,000 ROCKSIDE WOODS BOULEVARD NORTH EXTENSION

BOND ANTICIPATION NOTES - SERIES 2020

Independence, Ohio

__________, 2020

TO THE COUNCIL OF THE CITY OF INDEPENDENCE, OHIO:

The undersigned, as fiscal officer of the City of Independence, Ohio, as defined

in Section 133.01 of the Ohio Revised Code, certifies as follows in connection with your

proposed issue of bonds, and notes in anticipation of the issuance of bonds, to pay

costs of extending Rockside Woods Boulevard North to Brecksville Road and creating a

new intersection, including but not limited to adding public and private utilities and

infrastructure, decorative street lighting, sidewalks, walls, storm water quality treatment

basin and additional underground conduits for future needs, together with the necessary

appurtenances thereto:

1. The estimated life or period of usefulness of the improvement is certified

to be at least five years.

2. The maximum maturity of the bonds in anticipation of which the notes are

proposed to be issued, calculated in accordance with the provisions of

Section 133.20 of the Ohio Revised Code, is 20 years; provided that if

notes in anticipation of the bonds are outstanding later than the last day of

December of the fifth year following the year of issuance of the original

issue of notes, the period in excess of those five years shall be deducted

from the maximum maturity of the bonds.

3. The maximum maturity of the notes now proposed to be issued in

anticipation of the issuance of the bonds is 20 years from the date of

issuance of the original notes issued for such purpose, which is December

4, 2038.

Respectfully submitted,

_____________________________

Director of Finance

City of Independence, Ohio


$1,300,000 WEST CREEK ROAD IMPROVEMENTS


Independence, Ohio

__________, 2020




proposed issue of bonds, and notes in anticipation of the issuance of bonds, to pay

costs of replacing and repairing concrete pavement and extending and constructing

sidewalks on West Creek Road, together with the necessary appurtenances thereto:





Section 133.20 of the Ohio Revised Code, is 20 years; provided that if

notes in anticipation of the bonds are outstanding later than the last day of

December of the fifth year following the year of issuance of the original

issue of notes, the period in excess of those five years shall be deducted

from the maximum maturity of the bonds.




4, 2038.


_____________________________

Director of Finance



$1,000,000 BRECKSVILLE ROAD IMPROVEMENTS


Independence, Ohio

__________, 2020




proposed issue of bonds, and notes in anticipation of the issuance of bonds, to pay the

costs of preliminary expenditures including, but not limited to the engineering design

relating to the following improvements to Brecksville Road: (i) replacing the 12-foot

water main; (ii) repairing and adding to current sanitary and storm sewers including but

not limited to a storm water quality pollution treatment device; (iii) creating a new

signalized intersection and replacing existing signals at Longano Drive and Kleber

Court; and (iv) adding sidewalks, lighting and landscaping, together with the necessary

appurtenances thereto:





Section 133.20 of the Ohio Revised Code, is 25 years, since by my

estimate if and to the extent that a portion of the proceeds of the bonds

may be determined to be allocated to a class or classes of improvements

having a maximum maturity of less than 25 years but in excess of five

years, then the maximum maturity of the bonds would still be at least 25

years by virtue of the fact that a sufficient portion of the proceeds of the

bonds are allocated to a class or classes having a maximum maturity in

excess of 25 years; provided that insofar as notes in anticipation of the

bonds are outstanding later than the last day of December of the fifth year

following the year of issuance of the original issue of notes, the period in

excess of those five years shall be deducted from the maximum maturity

of the bonds.




4, 2038.


_____________________________

Director of Finance


ORDINANCE NO. 2020-65 INTRODUCED BY:

AN ORDINANCE TO PROVIDE FOR THE ISSUANCE OF

NOTES OF THE CITY OF INDEPENDENCE, OHIO IN THE PRINCIPAL AMOUNT NOT TO EXCEED $17,375,000

IN ANTICIPATION OF THE ISSUANCE OF BONDS FOR VARIOUS PURPOSES AND DECLARING AN EMERGENCY

WHEREAS, on November 15, 2016, the Council (“Council”) of the City of

Independence, Ohio (the “City”) authorized the issuance of and the City issued its

Various Purpose General Obligation Bond Anticipation Notes, Series 2016-2 in the

principal amount of $6,500,000 (the “2016-2 Notes”) in anticipation of bonds for the

purposes of paying: (a) the property owner’s portion, in anticipation of the levy and

collection of special assessments of, and the City’s portion of, the costs of expanding

and improving the sanitary sewerage system within the City including, but not limited to

the construction and installation of the Rockside Woods North Sanitary Sewer Project

($4,000,000); (b) costs relative to the Rockside Road/I-77 Southbound Entrance Ramp

Road Improvement Project including, but not limited to: (i) widening, expanding, and

paving the Rockside Road/I-77 southbound turning lane and entrance ramp, (ii)

relocating utility services and street lighting on the south side of Rockside Road

between Summit Park Drive and the I-77 southbound entrance ramp, (iii) installing and

improving storm sewer and catch basin and water and fire lines on Rockside Road and

East Liberty Way, (iv) acquiring any necessary real estate or interests in real estate, and

(v) any necessary demolition and/or removal of buildings, canopies, pavements or

concrete slabs, together with the necessary appurtenances thereto ($2,500,000); and

(c) financing costs associated therewith, which 2016-2 Notes matured on December 6,

2017; and

WHEREAS, on March 14, 2017, this Council authorized the issuance of and the

City issued its Various Purpose General Obligation Bond Anticipation Notes, Series

2017 in the principal amount of $5,700,000 (the “2017 Notes”) in anticipation of bonds

for the purposes of paying the costs for: (a) improving and widening the intersection of

Selig Drive and Brecksville Road (State Route 21), installing street lighting and repairing

any necessary curbs, all together with the necessary appurtenance thereto

($2,100,000); (b) grinding and replacing Pleasant Valley Road from Brecksville Road

(State Route 21) to the Seven Hills corporate limit, including sub-base, catch basin and

curbing replacements, as needed, along with widening the intersection of Pleasant

Valley Road and Brecksville Road (State Route 21), including new traffic signalization,

curb ramps and sidewalks, all together with the necessary appurtenance thereto

($900,000); (c) grinding and replacing Hillside Road from terminus to terminus, including

sub-base, catch basin and curbing replacements, as needed, along with widening the

intersection of Hillside Road and Brecksville Road (State Route 21), including new

traffic signalization, curb ramps and sidewalks, all together with the necessary

appurtenances thereto ($600,000); (d) relocating utility services relative to the Rockside

Road/I-77 Southbound Entrance Ramp road improvement project, together with the

necessary appurtenances thereto ($350,000); (e) constructing pavement on Oak Tree

Boulevard South, together with the necessary appurtenances thereto; (f) replacing

approximately 380 feet of sewer pipe on Oak Tree Boulevard North, together with the

necessary appurtenances thereto ($450,000); and (g) financing costs associated

therewith, which 2017 Notes matured on December 6, 2017; and

WHEREAS, on November 14, 2017, this Council authorized the issuance of and

the City issued its Various Purpose General Obligation Bond Anticipation Notes, Series

2017-2 in the principal amount of $12,150,000 (the “2017-2 Notes”) in anticipation of

bonds for the purposes of retiring the 2016-2 Notes and the 2017 Notes with the

proceeds of the 2017-2 Notes and for the purposes listed above for the 2016-2 Notes

and the 2017 Notes, which 2017-2 Notes matured on December 6, 2018; and

WHEREAS, on July 10, 2018, this Council authorized the issuance of and the

City issued its Rockside Woods North Sanitary Sewer Project General Obligation

Bonds, Series 2018 in the principal amount of $4,000,000 for the purposes of retiring a

portion of the 2017-2 Notes issued to pay the property owner’s portion, in anticipation of

the levy and collection of a special assessment, of the costs of expanding and

improving the sanitary sewerage system within the City, including, but not limited to the

construction and installation of the Rockside Woods North Sanitary Sewer Project, and

all necessary appurtenances thereto, and pay the financing costs associated therewith;

and

WHEREAS, on November 13, 2018, this Council authorized the issuance of and

the City issued its Various Purpose General Obligation Bond Anticipation Notes, Series

2018 in the aggregate principal amount of $12,300,000 (the “2018 Notes”) in

anticipation of bonds for the purposes of retiring the balance of the 2017-2 Notes with

the proceeds of the 2018 Notes. The 2018 Notes were issued for the purposes listed

above in addition to paying the costs of: (a) extending Rockside Woods Boulevard North

to Brecksville Road and creating a new intersection, including but not limited to adding

public and private utilities and infrastructure, decorative street lighting, sidewalks, walls,

storm water quality treatment basin and additional underground conduits for future

needs, together with the necessary appurtenances thereto ($3,350,000); (b) replacing

and repairing concrete pavement and extending and constructing sidewalks on West

Creek Road, together with the necessary appurtenances thereto ($1,300,000); (c)

preliminary expenditures including, but not limited to the engineering design relating to

the following improvements to Brecksville Road: (i) replacing the 12-foot water main; (ii)

repairing and adding to current sanitary and storm sewers including but not limited to a

storm water quality pollution treatment device; (iii) creating a new signalized intersection

and replacing existing signals at Longano Drive and Kleber Court; and (d) adding

sidewalks, lighting and landscaping, together with the necessary appurtenances thereto

($1,000,000); and

WHEREAS, on August 13, 2019, this Council authorized the issuance of and the

City issued its Various Purpose General Obligation Bond Anticipation Notes, Series

2019 in the aggregate principal amount of $17,375,000 (the “Outstanding Notes”) in

anticipation of bonds for the purposes of (a) retiring the balance of the 2018 Notes with

the proceeds of the Outstanding Notes; (b) creating a new signalized intersection with

full pedestrian crossing signals at Route 21 and Rockside Woods Boulevard North,

together with the necessary appurtenances thereto ($3,250,000); and (c) extending

Rockside Woods Boulevard North to Brecksville Road and creating a new intersection,

including but not limited to adding public and private utilities and infrastructure,

decorative street lighting, sidewalks, walls, storm water quality treatment basin and

additional underground conduits for future needs, together with the necessary

appurtenances thereto ($3,650,000); and

WHEREAS, this Council finds and determines that the City should retire, together

with other money of the City available for the purpose, all or a portion of the Outstanding

Notes with the proceeds of the notes described below in Section 3; and

WHEREAS, the Director of Finance, as fiscal officer of the City, has certified to

this Council that the estimated life or period of usefulness of the improvements with

respect to each of the purposes hereinafter described is at least five years and has

further certified the maximum maturity of the bonds described in Section 2 and issued

for each of the purposes described therein, and has further certified the maximum

maturity of notes issued in anticipation of bonds for each of those purposes;

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of

Independence, Cuyahoga County, Ohio, that:

Section 1. It is declared to be necessary to issue bonds of the City in the

aggregate principal amount not to exceed $17,375,000 (the “Bonds”) to pay all or a

portion of the costs of: (i) improving and widening the intersection of Selig Drive and

Brecksville Road (State Route 21), installing street lighting and repairing any necessary

curbs, all together with the necessary appurtenance thereto ($1,525,000); (ii)

constructing pavement on Oak Tree Boulevard South, together with the necessary

appurtenances thereto ($800,000); (iii) the Rockside Road/I-77 Southbound Entrance

Ramp Road Improvement Project including, but not limited to: (a) widening, expanding,

and paving the Rockside Road/I-77 southbound turning lane and entrance ramp; (b)

relocating utility services and street lighting on the south side of Rockside Road

between Summit Park Drive and the I-77 southbound entrance ramp; (c) installing and

improving storm sewer and catch basin and water and fire lines on Rockside Road and

East Liberty Way; (d) acquiring any necessary real estate or interests in real estate; and

(e) any necessary demolition and/or removal of buildings, canopies, pavements or

concrete slabs, together with the necessary appurtenances thereto ($2,500,000); (iv)

extending Rockside Woods Boulevard North to Brecksville Road and creating a new

intersection, including but not limited to adding public and private utilities and

infrastructure, decorative street lighting, sidewalks, walls, storm water quality treatment

basin and additional underground conduits for future needs, together with the necessary

appurtenances thereto ($3,350,000); (v) replacing and repairing concrete pavement and

extending and constructing sidewalks on West Creek Road, together with the necessary

appurtenances thereto ($1,300,000); (vi) preliminary expenditures including, but not

limited to the engineering design relating to the following improvements to Brecksville

Road: (a) replacing the 12-foot water main; (b) repairing and adding to current sanitary

and storm sewers including but not limited to a storm water quality pollution treatment

device; (c) creating a new signalized intersection and replacing existing signals at

Longano Drive and Kleber Court; and (d) adding sidewalks, lighting and landscaping,

together with the necessary appurtenances thereto ($1,000,000); (vii) creating a new

signalized intersection with full pedestrian crossing signals at Route 21 and Rockside

Woods Boulevard North, together with the necessary appurtenances thereto

($3,250,000); and (viii) extending Rockside Woods Boulevard North to Brecksville Road

and creating a new intersection, including but not limited to adding public and private

utilities and infrastructure, decorative street lighting, sidewalks, walls, storm water

quality treatment basin and additional underground conduits for future needs, together

with the necessary appurtenances thereto ($3,650,000).

Section 2. The Bonds are estimated to be dated December 1, 2021, shall bear

interest at the estimated rate of 4% per annum, payable semi-annually, until the

principal sum is paid, and shall mature as certified by the Director of Finance of the City

in the Director of Finance’s certificates as stated above. The first interest payment and

the first principal payment on the Bonds are currently estimated to be due June 1, 2022.

Section 3. It is necessary to issue, and this Council determines that notes in the

aggregate principal amount not to exceed $17,375,000 (the “Notes”) shall be issued in

anticipation of the Bonds for the purposes set forth in Section 1 and to pay financing

costs incurred in connection with the issuance of the Notes as defined in Section

133.01(K) of the Ohio Revised Code. The Notes may be sold at private or negotiated

sale or in a competitive bid on best bid at a purchase price and bear interest at a rate or

rates, not to exceed 3% per annum (computed on the basis of a 360-day year

consisting of twelve, 30-day months), as fixed by the Director of Finance in the

certificate awarding the Notes authorized pursuant to Section 5 (the “Certificate of

Award”) and as determined by the Director of Finance to be in the best interest of the

City. The Notes shall be dated from their date of issuance and shall mature on a date

which is between six months to one year, inclusive, after the date of issuance, all as

determined by the Director of Finance in the Certificate of Award to be in the best

interest of the City. The Notes shall not be subject to redemption by the City at any time

prior to maturity, unless the purchaser designated in the Certificate of Award (the

“Original Purchaser”) requests that the Notes provide for such redemption, in which

case provision shall be made for calling the Notes for redemption upon 10 days prior

written notice to the Original Purchaser. In addition, the Notes shall be issued in

denominations of $100,000 or any multiple of $1,000 in excess of $100,000, and in the

numbers and amounts requested by the Original Purchaser; and shall be payable as to

both principal and interest at a bank or trust company, designated by the Director of

Finance, without deduction for exchange, collection or service charge. The Notes shall

be payable in lawful money of the United States of America.

Section 4. The Notes shall be designated “Various Purpose General Obligation

Bond Anticipation Notes, Series 2020” or as otherwise designated in the Certificate of

Award. Pursuant to Section 133.30(B) of the Ohio Revised Code, the Director of

Finance may combine the Notes with other notes into a single consolidated issue of

notes for purposes of their sale as a single issue. The notes shall contain a summary

statement of purposes encompassing the purpose for which the Notes are issued; shall

state that they are issued pursuant to this Ordinance; and shall be executed by the

Mayor and the Director of Finance of the City, provided that one or both signatures may

be a facsimile. In the absence of the Mayor, the Notes shall be executed by the Vice

Mayor.

As used in this Section and in this Ordinance:

“Book-entry form” or “book-entry system” means a form or system under which (i)

the beneficial right to principal and interest may be transferred only through a book entry

and (ii) physical notes are issued only to a Depository or its nominee as owner, with the

notes “immobilized” in the custody of the Depository, and the book entry is the record

that identifies the owners of beneficial interests in that principal and interest.

“Depository” means any securities depository that is a clearing agency under

federal law operating and maintaining a book-entry system to record beneficial

ownership of the right to principal and interest, and to effect transfers of notes, in book-

entry form, and includes and means initially The Depository Trust Company (a limited

purpose trust company), New York, New York.

“Participant” means any participant contracting with a Depository under a book-

entry system and includes securities brokers and dealers, banks and trust companies,

and clearing corporations.

The Notes may also be issued to a Depository for use in a book-entry system

pursuant to the terms set forth in this Section 4. The Director of Finance is authorized

and directed to enter into any agreements determined to be necessary in connection

with the authentication, immobilization and transfer of notes, including arrangements for

the payment of principal and interest by wire transfer, after determining that the

execution thereof will not endanger the funds or securities of the City, which

determination shall be conclusively evidenced by the signing of any such agreement.

If and as long as a book-entry system is utilized, (i) the Notes shall be issued in

the form of one note in the name of the Depository or its nominee, as owner, and

immobilized in the custody of the Depository; (ii) the beneficial owners in book-entry

form shall have no right to receive notes in the form of physical securities or certificates;

(iii) ownership of beneficial interest in book-entry form shall be shown by a book entry

on the system maintained and operated by the Depository and its Participants, and

transfers of the ownership of beneficial interest shall be made only by book entry by the

Depository and its Participants; and (iv) the Notes shall not be transferable or

exchangeable, except for transfer to another Depository or to another nominee of a

Depository, without further action by the Council of the City.

If any Depository determines not to continue to act as a Depository for the Notes

for use in a book-entry system, the Director of Finance may attempt to have established

a securities depository/book-entry relationship with another qualified Depository. If the

Director of Finance does not or is unable to do so, the Director of Finance, after making

provision for notification of the beneficial owners by the then Depository and any other

arrangements deemed necessary, shall permit withdrawal of the Notes from the

Depository, and shall authenticate and deliver note certificates in registered form to the

beneficial owners of the Notes, all at the cost and expense (including any costs of

printing), if the event is not the result of action or inaction on the part of the Council of

the City, the Director of Finance or of any other official of the City, of those persons

requesting such issuance.

Section 5. The Notes shall be sold in a manner determined by the Director of

Finance and shall be awarded by the Director of Finance to the Original Purchaser at

not less than 97% of the principal amount thereof by the Director of Finance. The

Director of Finance is authorized and directed to deliver the Notes, when executed, to

the Original Purchaser thereof upon payment of the purchase price, all as provided for

in the Certificate of Award. The Director of Finance may determine to sell the Notes in a

private or negotiated sale or by a competitive bid on the best bid. If the Director of

Finance determines to sell the Notes in a competitive bid, the Director of Finance is

authorized to take the actions described in Section 133.30 of the Ohio Revised Code,

including determining the manner and times of advertisement, accepting the best bid

based on net interest cost, rejecting any or all bids received and waiving any informality,

irregularity, or defect. If requested by the Original Purchaser, the sale may be further

evidenced by the execution of a note purchase agreement (the “Note Purchase

Agreement”), setting forth the conditions under which the Notes are to be sold and

delivered to the Original Purchaser, which Note Purchase Agreement shall be in the

form, not inconsistent with the terms of this Ordinance, as the Director of Finance may

determine. The Director of Finance is authorized and directed to obtain the assistance

of Calfee, Halter & Griswold LLP, Bond Attorneys, Cleveland, Ohio.

The Director of Finance is authorized, if it is determined to be in the best interest

of the City, to retain the services of MAS Financial Advisory Services LLC, as the City’s

municipal advisor, in connection with the issuance of the Notes.

The proceeds of the sale, including any premium thereon, shall be paid into the

proper fund and used for the purposes for which the Notes are being issued under the

provisions of this Ordinance and to pay those costs set forth in Section 133.15(B) of the

Ohio Revised Code, and any costs which are future financing costs may be paid from

the same sources from which the principal of and interest on the Notes are paid.

Notwithstanding the foregoing, the financing costs (as defined in Section 133.01(K),

Ohio Revised Code) of the Notes, excluding fees and expenses of the underwriter, shall

not exceed $40,000. All financing costs of the Notes that are to be determined after the

passage of this Ordinance shall be confirmed by Council. Any premium not used as

provided in the previous sentence and accrued interest shall be credited to the Bond

Retirement Fund of the City (the “Bond Retirement Fund”) to be applied to the principal

and interest of the Notes in the manner provided by law.

Section 6. The City covenants that it will restrict the use and investment of the

proceeds of the Notes in the manner and to the extent as may be necessary, after

taking into account reasonable expectations at the time of the delivery of and payment

for the Notes, so that (a) the Notes will not (i) constitute private activity bonds, arbitrage

bonds or hedge bonds under Sections 141, 148, or 149, respectively, of the Internal

Revenue Code of 1986, as amended (the “Code”) or (ii) be treated other than as bonds

to which Section 103 of the Code applies, and (b) the interest on the Notes will not be

an item of tax preference under Section 57 of the Code. The Director of Finance or any

other officer having responsibility for issuing the Notes, shall, alone or with any other

officer or employee of or consultant to the City, give an appropriate certificate of the City

for inclusion in the transcript or proceedings for the Notes, setting forth the reasonable

expectations of the City regarding the amount and use of all the proceeds of the Notes

and the facts and estimates on which they are based, all as of the date of delivery of

and payment for the Notes.

The City covenants that it (a) will take all actions that may be required of the City

for the interest on the Notes to be and remain excluded from gross income for federal

income tax purposes, (b) will not take any actions which would adversely affect such

exclusion, under the provisions of federal tax laws that apply to the Notes, including the

provisions of the Code and applicable amendments thereto, and (c) will, among other

acts of compliance, apply the proceeds of the Notes, restrict the yield on investments of,

or on obligations acquired with, such proceeds, make timely rebate payments to the

federal government, maintain books and records, and refrain from certain uses of

proceeds, all in the manner and if and to the extent necessary for the interest on the

Notes to be and remain excluded from gross income for federal income tax purposes.

The Director of Finance, as the fiscal officer, or any other appropriate officer of the City

having responsibility for the issuance of the Notes, is authorized and directed to take

any and all such actions, make such rebate payments and make or give such reports or

certifications as may be appropriate to assure such exclusion of the interest on the

Notes.

Section 7. The Notes shall be full general obligations of the City, and the full

faith, credit and revenue of the City are pledged for the prompt payment of the same.

The par value to be received from the sale of the Bonds anticipated by the Notes and

any excess funds resulting from the issuance of the Notes shall, to the extent

necessary, be used only for the retirement of the Notes at maturity, together with

interest thereon, and is pledged for such purpose.

During the year or years in which the Notes are outstanding, there shall be levied

on all the taxable property in the City, in addition to all other taxes, a direct tax annually

in an amount not less than that which would have been levied if bonds had been issued

therefor without the prior issuance of the Notes. The tax shall be and is ordered

computed, certified, levied and extended upon the tax duplicate and collected by the

same officers, in the same manner and at the same time that taxes for general

purposes of each of the years are certified, extended and collected. The tax shall be

placed before and in preference to all items and for the full amount thereof. The funds

derived from the tax levies required by this Ordinance shall be placed in a separate and

distinct fund which, together with the interest collected on the same, shall be irrevocably

pledged for the payment of the principal of and interest on the Notes or the Bonds in

anticipation of which they are issued, when and as the same fall due; provided,

however, that in each year to the extent that revenues are available from other sources

for the payment of the Notes or Bonds and are appropriated for such purpose, the

amount of such direct tax upon all of the taxable property in the City shall be reduced by

the amount of such revenues so available and appropriated.

Section 8. While the Notes are outstanding, the City covenants to appropriate

annually, to the extent required, sufficient amounts from municipal income tax revenues

to pay principal and interest on the Notes when the same fall due, and to continue to

levy and collect the municipal income tax in an amount necessary to meet debt charges

on the Notes. On or before the maturity date of the Notes, the City covenants to deposit

into the Bond Retirement Fund, from available funds appropriated for the purpose, an

amount necessary to meet any shortfall that may exist between the amount then

available in the Bond Retirement Fund and the amount of principal and interest due at

maturity of the Notes.

Section 9. If requested by the Original Purchaser and determined by the Director

of Finance to be necessary or appropriate, the Mayor and the Director of Finance, or

either of them, are authorized to prepare, execute and deliver to the Original Purchaser

of the Notes a preliminary and final official statement or any other appropriate disclosure

document of the City in connection with the sale and delivery of the Notes. Those

officers are authorized, on behalf of the City and in their official capacities, to (i)

determine, and to certify or otherwise represent, when the official statement is “deemed

final” (except for permitted omissions) by the City as of its date or is a final official

statement for purposes of SEC Rule 15c2-12(b)(1), (3) and (4), (ii) use and distribute, or

authorize the use and distribution of, those official statements and any supplements

thereto in connection with the original issuance of the Notes, and (iii) complete and sign

those official statements as so approved together with the certificates, statements or

other documents in connection with the finality, accuracy and completeness of those

official statements.

If, in the judgment of the Director of Finance, the filing of an application for a

rating on the Notes by one or more nationally-recognized rating agencies is in the best

interest of and financially advantageous to the City, the Director of Finance is authorized

to prepare and submit those applications, to provide to each agency information as may

be required for the purpose, and to provide further for the payment of the cost of

obtaining each rating from the proceeds of the Notes to the extent available and

otherwise from any other funds lawfully available and that are appropriated or shall be

appropriated for that purpose.

Section 10. It is determined and recited that all acts, conditions and things

necessary to be done, precedent to and in the issuing of the Notes in order to make

them legal, valid and binding obligations of the City, have happened and have been

done and performed in regular and due form and as required by law; and that no

limitation of indebtedness or taxation, either statutory or constitutional, will have been

exceeded in the issuance of the Notes.

Section 11. The Clerk of this Council is directed to forward, or to otherwise

cause to be forwarded, a certified copy of this Ordinance to the County Fiscal Officer.

Section 12. The Mayor, Director of Finance, Law Director and the Clerk of

Council, as appropriate, are each authorized and directed to prepare, execute and

deliver any transcript certificates, financial statements and other documents,

agreements, representations and instruments and to take such actions as are

necessary or appropriate to consummate the issuance of the Notes as provided in this

Ordinance.

Section 13. This Council determines that all formal actions of this Council

concerning and relating to the passage of this Ordinance were passed in an open

meeting of this Council, and that all deliberations of this Council and of any of its

committees that resulted in such formal action were in meetings open to the public, in

compliance with all legal requirements including Section 121.22 of the Ohio Revised

Code.

Section 14. This Ordinance is declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the City, and for the further reason that the immediate issuance and sale of the Notes is necessary to retire the Outstanding Notes at maturity and thereby preserve the City’s credit. Wherefore, this Ordinance shall take effect immediately upon it passage by the required five members of Council and approval by the Mayor; otherwise, it shall take effect and be in force after the earliest period allowed by law.

Introduced: July 14, 2020 First Reading: July 14, 2020

Passed: _____________

Gregory P. Kurtz, Mayor

Attest: Debra J. Beal, Clerk of Council Attest:

ORDINANCE NO.: 2020-66 INTRODUCED BY: VICE MAYOR GRENDEL, COUNCILPERSON VEVERKA

AN ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION BONDS OF THE CITY OF INDEPENDENCE, OHIO IN THE PRINCIPAL

AMOUNT NOT TO EXCEED $17,375,000 TO RETIRE AT MATURITY CERTAIN NOTES ISSUED IN ANTICIPATION OF BONDS FOR VARIOUS PURPOSES AND

DECLARING AN EMERGENCY (REV.3)

FISCAL OFFICER’S CERTIFICATE $3,250,000 INTERSECTION IMPROVEMENT NORTH BONDS, SERIES 2020

Independence, Ohio

__________, 2020

TO THE COUNCIL OF THE CITY OF INDEPENDENCE, OHIO: The undersigned, as fiscal officer of the City of Independence, Ohio, as defined in Section 133.01 of the Ohio Revised Code, certifies as follows in connection with your proposed issue of bonds to pay costs of creating a new signalized intersection with full pedestrian crossing signals at Route 21 and Rockside Woods Boulevard North, together with the necessary appurtenances thereto:

1. The estimated life or period of usefulness of the improvement is certified to be at least five years.

2. The maximum maturity of the bonds, calculated in accordance with the

provisions of Section 133.20(C) of the Ohio Revised Code, is 25 years. Respectfully submitted, _____________________________ Director of Finance City of Independence, Ohio

FISCAL OFFICER’S CERTIFICATE $3,650,000 ROCKSIDE WOODS BOULEVARD NORTH

EXTENSION BONDS, SERIES 2020

Independence, Ohio __________, 2020

TO THE COUNCIL OF THE CITY OF INDEPENDENCE, OHIO: The undersigned, as fiscal officer of the City of Independence, Ohio, as defined in Section 133.01 of the Ohio Revised Code, certifies as follows in connection with your proposed issue of bonds to pay additional costs of extending Rockside Woods Boulevard North to Brecksville Road and creating a new intersection, including but not limited to adding public and private utilities and infrastructure, decorative street lighting, sidewalks, walls, storm water quality treatment basin and additional underground conduits for future needs, together with the necessary appurtenances thereto:



provisions of Section 133.20 of the Ohio Revised Code, is 20 years. Respectfully submitted, _____________________________ Director of Finance City of Independence, Ohio

FISCAL OFFICER’S CERTIFICATE $1,525,000 SELIG DRIVE IMPROVEMENT BONDS, SERIES 2020

Independence, Ohio ___________, 2020

TO THE COUNCIL OF THE CITY OF INDEPENDENCE, OHIO: The undersigned, as fiscal officer of the City of Independence, Ohio, as defined in Section 133.01 of the Ohio Revised Code, certifies as follows in connection with your proposed issue of bonds to pay costs of improving and widening the intersection of Selig Drive and Brecksville Road (State Route 21), installing street lighting and repairing any necessary curbs, all together with the necessary appurtenances thereto:


2. The maximum maturity of the bonds to retire the bond anticipation notes

originally issued for the improvement on April 27, 2010 ($575,000), calculated in accordance with the provisions of Sections 133.20 and 133.22 of the Ohio Revised Code, is 15 years (20-year maturity and subtracting the period in excess of five years in which notes in anticipation of the bonds were outstanding).

3. The maximum maturity of the bonds to retire the bond anticipation notes

originally issued for the improvement on April 20, 2012 ($950,000), calculated in accordance with the provisions of Sections 133.20 and 133.22 of the Ohio Revised Code, is 17 years (20-year maturity and subtracting the period in excess of five years in which notes in anticipation of the bonds were outstanding).

Respectfully submitted, _____________________________ Director of Finance City of Independence, Ohio

FISCAL OFFICER’S CERTIFICATE $800,000 OAK TREE BOULEVARD SOUTH ROAD IMPROVEMENT

BONDS, SERIES 2020


TO THE COUNCIL OF THE CITY OF INDEPENDENCE, OHIO: The undersigned, as fiscal officer of the City of Independence, Ohio, as defined in Section 133.01 of the Ohio Revised Code, certifies as follows in connection with your proposed issue of bonds to pay costs of constructing pavement on Oak Tree Boulevard South, together with the necessary appurtenances thereto:



provisions of Section 133.20 of the Ohio Revised Code, is 20 years, since by my estimate if and to the extent that a portion of the proceeds of the bonds may be determined to be allocated to a class or classes of improvements having a maximum maturity of less than 20 years but in excess of five years, then the maximum maturity of the bonds would still be at least 20 years by virtue of the fact that a sufficient portion of the proceeds of the bonds are allocated to a class or classes having a maximum maturity in excess of 20 years.


FISCAL OFFICER’S CERTIFICATE $2,500,000

ROCKSIDE ROAD/I-77 SOUTHBOUND ENTRANCE RAMP ROAD IMPROVEMENT PROJECT BONDS, SERIES 2020


TO THE COUNCIL OF THE CITY OF INDEPENDENCE, OHIO: The undersigned, as fiscal officer of the City of Independence, Ohio, as defined in Section 133.01 of the Ohio Revised Code, certifies as follows in connection with your proposed issue of bonds to pay costs relative to the Rockside Road/I-77 Southbound Entrance Ramp Road Improvement Project (the “Project”) including, but not limited to: (i) widening, expanding, and paving the Rockside Road/I-77 southbound turning lane and entrance ramp; (ii) relocating utility services and street lighting on the south side of

Rockside Road between Summit Park Drive and the I-77 southbound entrance ramp; (iii) installing and improving storm sewer and catch basin and water and fire lines on Rockside Road and East Liberty Way; (iv) acquiring any necessary real estate or interests in real estate; and (v) any necessary demolition and/or removal of buildings, canopies, pavements or concrete slabs, together with the necessary appurtenances thereto:

1. The estimated life or period of usefulness of the Project is certified to be at least five years.



FISCAL OFFICER’S CERTIFICATE $3,350,000 ROCKSIDE WOODS BOULEVARD NORTH EXTENSION

BONDS, SERIES 2020


TO THE COUNCIL OF THE CITY OF INDEPENDENCE, OHIO: The undersigned, as fiscal officer of the City of Independence, Ohio, as defined in Section 133.01 of the Ohio Revised Code, certifies as follows in connection with your proposed issue of bonds to pay costs of extending Rockside Woods Boulevard North to Brecksville Road and creating a new intersection, including but not limited to adding public and private utilities and infrastructure, decorative street lighting, sidewalks, walls, storm water quality treatment basin and additional underground conduits for future needs, together with the necessary appurtenances thereto:



provisions of Section 133.20 of the Ohio Revised Code, is 20 years. Respectfully submitted,

_____________________________ Director of Finance City of Independence, Ohio

FISCAL OFFICER’S CERTIFICATE $1,300,000 WEST CREEK ROAD IMPROVEMENT BONDS, SERIES 2020

Independence, Ohio

__________, 2020

TO THE COUNCIL OF THE CITY OF INDEPENDENCE, OHIO: The undersigned, as fiscal officer of the City of Independence, Ohio, as defined in Section 133.01 of the Ohio Revised Code, certifies as follows in connection with your proposed issue of bonds to pay costs of replacing and repairing concrete pavement and extending and constructing sidewalks on West Creek Road, together with the necessary appurtenances thereto:




FISCAL OFFICER’S CERTIFICATE $1,000,000 BRECKSVILLE ROAD IMPROVEMENT BONDS, SERIES 2020


TO THE COUNCIL OF THE CITY OF INDEPENDENCE, OHIO: The undersigned, as fiscal officer of the City of Independence, Ohio, as defined in Section 133.01 of the Ohio Revised Code, certifies as follows in connection with your proposed issue of bonds to pay the costs of preliminary expenditures including, but not limited to the engineering design relating to the following improvements to Brecksville Road: (i) replacing the 12-foot water main; (ii) repairing and adding to current sanitary

and storm sewers including but not limited to a storm water quality pollution treatment device; (iii) creating a new signalized intersection and replacing existing signals at Longano Drive and Kleber Court; and (iv) adding sidewalks, lighting and landscaping, together with the necessary appurtenances thereto:



provisions of Section 133.20 of the Ohio Revised Code, is 25 years, since by my estimate if and to the extent that a portion of the proceeds of the bonds may be determined to be allocated to a class or classes of improvements having a maximum maturity of less than 25 years but in excess of five years, then the maximum maturity of the bonds would still be at least 25 years by virtue of the fact that a sufficient portion of the proceeds of the bonds are allocated to a class or classes having a maximum maturity in excess of 25 years.


ORDINANCE NO. 2020-66 INTRODUCED BY:

AN ORDINANCE

TO PROVIDE FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION BONDS OF THE CITY OF INDEPENDENCE, OHIO

IN THE PRINCIPAL AMOUNT NOT TO EXCEED $17,375,000 TO RETIRE AT MATURITY CERTAIN NOTES ISSUED

IN ANTICIPATION OF BONDS FOR VARIOUS PURPOSES AND DECLARING AN EMERGENCY

WHEREAS, on November 15, 2016, the Council (“Council”) of the City of Independence, Ohio (the “City”) authorized the issuance of and the City issued its Various Purpose General Obligation Bond Anticipation Notes, Series 2016-2 in the principal amount of $6,500,000 (the “2016-2 Notes”) in anticipation of bonds for the purposes of paying: (a) the property owner’s portion, in anticipation of the levy and collection of special assessments of, and the City’s portion of, the costs of expanding and improving the sanitary sewerage system within the City including, but not limited to the construction and installation of the Rockside Woods North Sanitary Sewer Project ($4,000,000); (b) costs relative to the Rockside Road/I-77 Southbound Entrance Ramp Road Improvement Project including, but not limited to: (i) widening, expanding, and paving the Rockside Road/I-77 southbound turning lane and entrance ramp, (ii) relocating utility services and street lighting on the south side of Rockside Road between Summit Park Drive and the I-77 southbound entrance ramp, (iii) installing and improving storm sewer and catch basin and water and fire lines on Rockside Road and East Liberty Way, (iv) acquiring any necessary real estate or interests in real estate, and (v) any necessary demolition and/or removal of buildings, canopies, pavements or concrete slabs, together with the necessary appurtenances thereto ($2,500,000); and (c) financing costs associated therewith, which 2016-2 Notes matured on December 6, 2017; and

WHEREAS, on March 14, 2017, this Council authorized the issuance of and the City issued its Various Purpose General Obligation Bond Anticipation Notes, Series 2017 in the principal amount of $5,700,000 (the “2017 Notes”) in anticipation of bonds for the purposes of paying the costs for: (a) improving and widening the intersection of Selig Drive and Brecksville Road (State Route 21), installing street lighting and repairing any necessary curbs, all together with the necessary appurtenance thereto ($2,100,000); (b) grinding and replacing Pleasant Valley Road from Brecksville Road (State Route 21) to the Seven Hills corporate limit, including sub-base, catch basin and curbing replacements, as needed, along with widening the intersection of Pleasant Valley Road and Brecksville Road (State Route 21), including new traffic signalization, curb ramps and sidewalks, all together with the necessary appurtenance thereto ($900,000); (c) grinding and replacing Hillside Road from terminus to terminus, including sub-base, catch basin and curbing replacements, as needed, along with widening the intersection of Hillside Road and Brecksville Road (State Route 21), including new

traffic signalization, curb ramps and sidewalks, all together with the necessary appurtenances thereto ($600,000); (d) relocating utility services relative to the Rockside Road/I-77 Southbound Entrance Ramp road improvement project, together with the necessary appurtenances thereto ($350,000); (e) constructing pavement on Oak Tree Boulevard South, together with the necessary appurtenances thereto; (f) replacing approximately 380 feet of sewer pipe on Oak Tree Boulevard North, together with the necessary appurtenances thereto ($450,000); and (g) financing costs associated therewith, which 2017 Notes matured on December 6, 2017; and

WHEREAS, on November 14, 2017, this Council authorized the issuance of and the City issued its Various Purpose General Obligation Bond Anticipation Notes, Series 2017-2 in the principal amount of $12,150,000 (the “2017-2 Notes”) in anticipation of bonds for the purposes of retiring the 2016-2 Notes and the 2017 Notes with the proceeds of the 2017-2 Notes and for the purposes listed above for the 2016-2 Notes and the 2017 Notes, which 2017-2 Notes matured on December 6, 2018; and

WHEREAS, on July 10, 2018, this Council authorized the issuance of and the City issued its Rockside Woods North Sanitary Sewer Project General Obligation Bonds, Series 2018 in the principal amount of $4,000,000 for the purposes of retiring a portion of the 2017-2 Notes paying the property owner’s portion, in anticipation of the levy and collection of a special assessment, of the costs of expanding and improving the sanitary sewerage system within the City, including, but not limited to the construction and installation of the Rockside Woods North Sanitary Sewer Project, and all necessary appurtenances thereto, and pay the financing costs associated therewith; and

WHEREAS, on November 13, 2018, this Council authorized the issuance of and the City issued its Various Purpose General Obligation Bond Anticipation Notes, Series 2018 in the aggregate principal amount of $12,300,000 (the “2018 Notes”) in anticipation of bonds for the purposes of retiring the balance of the 2017-2 Notes with the proceeds of the 2018 Notes. The 2018 Notes were issued for the purposes listed above in addition to paying the costs of: (a) extending Rockside Woods Boulevard North to Brecksville Road and creating a new intersection, including but not limited to adding public and private utilities and infrastructure, decorative street lighting, sidewalks, walls, storm water quality treatment basin and additional underground conduits for future needs, together with the necessary appurtenances thereto ($3,350,000); (b) replacing and repairing concrete pavement and extending and constructing sidewalks on West Creek Road, together with the necessary appurtenances thereto ($1,300,000); (c) preliminary expenditures including, but not limited to the engineering design relating to the following improvements to Brecksville Road: (i) replacing the 12-foot water main; (ii) repairing and adding to current sanitary and storm sewers including but not limited to a storm water quality pollution treatment device; (iii) creating a new signalized intersection and replacing existing signals at Longano Drive and Kleber Court; and (d) adding sidewalks, lighting and landscaping, together with the necessary appurtenances thereto ($1,000,000); and

WHEREAS, on August 13, 2019, this Council authorized the issuance of and the City issued its Various Purpose General Obligation Bond Anticipation Notes, Series

2019 in the aggregate principal amount of $17,375,000 (the “Outstanding Notes”) in anticipation of bonds for the purposes of retiring the balance of the 2018 Notes with the proceeds of the 2018 Notes. The Outstanding Notes were issued for the purposes listed above in addition to paying the costs of: (a) creating a new signalized intersection with full pedestrian crossing signals at Route 21 and Rockside Woods Boulevard North, together with the necessary appurtenances thereto ($3,250,000); and (b) extending Rockside Woods Boulevard North to Brecksville Road and creating a new intersection, including but not limited to adding public and private utilities and infrastructure, decorative street lighting, sidewalks, walls, storm water quality treatment basin and additional underground conduits for future needs, together with the necessary appurtenances thereto ($3,650,000); and

WHEREAS, this Council finds and determines that it should retire, together with other money of the City available for the purpose, all or a portion of the Outstanding Notes by the issuance of bonds in a principal amount not to exceed $17,375,000; and

WHEREAS, the Director of Finance, as fiscal officer of the City, has certified to the maximum maturity of the bonds proposed to be issued;

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Independence, Cuyahoga County, Ohio, that:

Section 1. It is declared necessary to issue Bonds (the “Bonds”) of the City in an aggregate principal sum not to exceed $17,375,000 for the purpose of retiring, together with other funds of the City available for such purpose, all or a portion of the Outstanding Notes, which were originally issued and incurred, respectively, for paying the costs of: (i) improving and widening the intersection of Selig Drive and Brecksville Road (State Route 21), installing street lighting and repairing any necessary curbs, all together with the necessary appurtenance thereto ($1,525,000); (ii) constructing pavement on Oak Tree Boulevard South, together with the necessary appurtenances thereto ($800,000); (iii) the Rockside Road/I-77 Southbound Entrance Ramp Road Improvement Project including, but not limited to: (a) widening, expanding, and paving the Rockside Road/I-77 southbound turning lane and entrance ramp; (b) relocating utility services and street lighting on the south side of Rockside Road between Summit Park Drive and the I-77 southbound entrance ramp; (c) installing and improving storm sewer and catch basin and water and fire lines on Rockside Road and East Liberty Way; (d) acquiring any necessary real estate or interests in real estate; and (e) any necessary demolition and/or removal of buildings, canopies, pavements or concrete slabs, together with the necessary appurtenances thereto ($2,500,000); (iv) extending Rockside Woods Boulevard North to Brecksville Road and creating a new intersection, including but not limited to adding public and private utilities and infrastructure, decorative street lighting, sidewalks, walls, storm water quality treatment basin and additional underground conduits for future needs, together with the necessary appurtenances thereto ($3,350,000); (v) replacing and repairing concrete pavement and extending and constructing sidewalks on West Creek Road, together with the necessary appurtenances thereto ($1,300,000); (vi) preliminary expenditures including, but not limited to the engineering design relating to the following improvements to Brecksville Road: (a) replacing the 12-foot water main; (b) repairing and adding to current sanitary

and storm sewers including but not limited to a storm water quality pollution treatment device; (c) creating a new signalized intersection and replacing existing signals at Longano Drive and Kleber Court; and (d) adding sidewalks, lighting and landscaping, together with the necessary appurtenances thereto ($1,000,000); (vii) creating a new signalized intersection with full pedestrian crossing signals at Route 21 and Rockside Woods Boulevard North, together with the necessary appurtenances thereto ($3,250,000); and (viii) extending Rockside Woods Boulevard North to Brecksville Road and creating a new intersection, including but not limited to adding public and private utilities and infrastructure, decorative street lighting, sidewalks, walls, storm water quality treatment basin and additional underground conduits for future needs, together with the necessary appurtenances thereto ($3,650,000).

Section 2. The Bonds shall be issued in one lot and only as fully registered Bonds. Unless otherwise determined by the Director of Finance in the Certificate of Award signed by the Director of Finance providing for the award of the Bonds (the “Certificate of Award”), the Bonds will be issued in the denomination of $5,000 or any integral multiple of $5,000, but in no case as to a particular maturity date exceeding the principal amount maturing on that date. The Bonds shall be dated as determined by the Director of Finance in the Certificate of Award.

The Bonds shall bear interest at the rate or rates of interest (calculated on a 360-day year of twelve, 30-day months) as specified in a Certificate of Award, provided that the maximum average interest rate on the Bonds shall not exceed 4% per annum. Interest on the Bonds shall be payable semiannually on the dates (the “Interest Payment Dates”) determined by the Director of Finance in the Certificate of Award, until the principal amount has been paid or provided for. The Bonds shall bear interest from the most recent date to which interest has been paid or provided for or, if no interest has been paid or provided for, from their date.

Section 3. The Bonds shall mature serially and annually on such dates and in such principal amounts as are fixed by the Director of Finance in the Certificate of Award, provided, however, that the first principal payment shall not be later than as set forth in Section 133.21 of the Ohio Revised Code, as amended, and provided further, that the Bonds stated to mature in any year may be issued as term bonds (the “Term Bonds”) payable pursuant to Mandatory Sinking Fund Redemption Requirements as defined and further described below. The Director of Finance, in fixing such year and such amounts, shall be consistent in the aggregate with the separate periodic maturities and principal payments determined in accordance with maximum maturities certified to this Council by the Director of Finance for each purpose specified in Section 1 and the requirements of Section 133.20, Ohio Revised Code. The Director of Finance shall determine in the Certificate of Award whether any of the Bonds shall be issued as Term Bonds and any dates (the “Mandatory Redemption Dates”) on which the principal amount stated above shall be payable pursuant to Mandatory Sinking Fund Redemption Requirements rather than at stated maturity (the “Mandatory Sinking Fund Redemption Requirements”). The aggregate principal of and interest on the Bonds payable in each calendar year in which principal is payable, whether at maturity or by mandatory sinking fund redemption, shall be not more than three times such principal of and interest on the Bonds payable in any other calendar year in which principal is payable.

The Bonds shall be subject to redemption prior to stated maturity as follows:

(a) Mandatory Sinking Fund Redemption. If any of the Bonds are issued as Term Bonds, the Term Bonds shall be subject to mandatory sinking fund redemption and be redeemed pursuant to Mandatory Sinking Fund Redemption Requirements, at a redemption price of 100% of the principal amount redeemed, plus interest accrued to the redemption date, on the Mandatory Redemption Dates.

The aggregate of the moneys to be deposited with the Paying Agent (as defined in Section 6) for payment of principal of and interest on any Term Bonds shall include amounts sufficient to redeem on the Mandatory Redemption Dates the principal amount of Term Bonds payable on those dates pursuant to the Mandatory Sinking Fund Redemption Requirements (less the amount of any credit as provided below).

The City shall have the option to deliver to the Registrar (as defined in Section 6) for cancellation Term Bonds in any aggregate principal amount and to receive a credit against the then current Mandatory Sinking Fund Redemption Requirement (and corresponding mandatory redemption obligation) of the City for any Term Bonds. That option shall be exercised by the City on or before the 45th day preceding the applicable Mandatory Redemption Date, by furnishing the Registrar and Paying Agent a certificate, signed by the Director of Finance, setting forth the extent of the credit to be applied with respect to the then current Mandatory Sinking Fund Redemption Requirement. If the certificate is not timely furnished to the Registrar and Paying Agent, the Mandatory Sinking Fund Redemption Requirement (and corresponding mandatory redemption obligation) shall not be reduced. A credit against the then current Mandatory Sinking Fund Redemption Requirement (and corresponding mandatory redemption obligation) also shall be received by the City for any Term Bonds which prior thereto have been redeemed (other than through the operation of the Mandatory Sinking Fund Redemption Requirements) or purchased for cancellation and canceled by the Registrar, to the extent not applied theretofore as a credit against any mandatory redemption obligation.

Each Term Bond so delivered, or previously redeemed, or purchased and canceled, shall be credited by the Paying Agent at 100% of the principal amount thereof against the then current Mandatory Sinking Fund Redemption Requirement (and corresponding mandatory redemption obligation). Any excess of that amount over the then current Mandatory Sinking Fund Redemption Requirement shall be credited against subsequent Mandatory Sinking Fund Redemption Requirements (and corresponding mandatory redemption obligations) in the order directed by the Director of Finance.

(b) Optional Redemption. The Bonds shall be subject to redemption prior to maturity by and at the option of the City, in whole or in part at any time on the dates and for the prices specified in the Certificate of Award, provided, however, that the Director of Finance may determine in the Certificate of Award that it is in the best interest of the City that the Bonds not be subject to redemption prior to maturity. If the Bonds are subject to redemption, the maximum redemption price shall be no greater that 103% of the principal amount redeemed, plus accrued interest to the redemption date.

If optional redemption at a price exceeding 100% of the principal amount to be redeemed is to take place as of any applicable Mandatory Redemption Date, the Bonds, or portions thereof, to be redeemed optionally shall be selected by lot prior to the selection by lot of the Bonds to be redeemed on the same date by operation of the Mandatory Sinking Fund Redemption Requirements of paragraph (a). The Bonds shall be redeemed pursuant to this paragraph only upon written notice from the Director of Finance to the Registrar and Paying Agent, given upon the direction of the Council of the City by passage of an ordinance. That notice shall specify the redemption date and the principal amount of each maturity of Bonds to be redeemed, and shall be given at least 45 days before the redemption date or such shorter period as shall be acceptable to the Paying Agent. In the event that notice of redemption shall have been given by the Registrar to the registered owners as hereinafter provided, there shall be deposited with the Paying Agent on or prior to the redemption date, funds which, in addition to any other moneys available therefor and held by the Registrar, will be sufficient to redeem at the redemption price thereof, plus interest accrued to the redemption date, all of the redeemable Bonds for which notice of redemption has been given.

(c) Partial Redemption. If fewer than all of the outstanding Bonds are called for redemption at one time, they may be called in any order of their maturities (or interest rate within a maturity) directed by the City, and if fewer than all Bonds of a single maturity or interest rate within a maturity are to be redeemed, the selection of Bonds to be redeemed, or portions thereof in amounts of $5,000 or any integral multiple thereof, shall be made by lot by the Registrar in any manner which the Registrar may determine. In the case of a partial redemption of Bonds by lot when Bonds of denominations greater than $5,000 are then outstanding, each $5,000 unit of principal thereof shall be treated as though it were a separate Bond of the denomination of $5,000. If it is determined that one or more, but not all of the $5,000 units of principal amount repre-sented by a Bond are to be called for redemption, then upon notice of redemption of a $5,000 unit or units, the registered owner of that Bond shall surrender the Bond to the Registrar (i) for payment of the redemption price of the $5,000 unit or units called for redemption (including, without limitation, the interest accrued to the date fixed for redemption and any premium), and (ii) for issuance, without charge to the registered owner thereof, of a new Bond or Bonds of any authorized denominations or denominations in an aggregate principal amount equal to the unmatured and unredeemed portion of, and bearing interest at the same rate and maturing on the same date as, the Bond surrendered.

(d) Notice of Redemption. The notice of the call for redemption of Bonds shall identify (i) by designation, letters, numbers or other distinguishing marks, the Bonds or portions thereof to be redeemed, (ii) the redemption price to be paid, (iii) the date fixed for redemption, and (iv) the place or places where the amounts due upon redemption are payable. The notice shall be given by the Registrar on behalf of the City by mailing a copy of the redemption notice by first class mail, postage prepaid, at least 30 days prior to the date fixed for redemption, to the registered owner of each Bond subject to redemption in whole or in part at the registered owner's address shown on the Register maintained by the Registrar at the close of business on the 15th day preceding that mailing. Failure to receive notice by mail or any defect in that notice regarding any

Bond, however, shall not affect the validity of the proceedings for the redemption of any Bonds.

(e) Payment of Redeemed Bonds. Notice having been mailed in the manner provided in the preceding paragraph of this Ordinance, the Bonds and portions thereof called for redemption shall become due and payable on the redemption date, and, upon presentation and surrender thereof at the place or places specified in that notice, shall be paid at the redemption price, plus interest accrued to the redemption date. If moneys for the redemption of all of the Bonds and portions thereof to be redeemed, together with interest accrued thereon to the redemption date, are held by the Paying Agent on the redemption date, so as to be available therefor on that date and, if notice of redemption has been deposited in the mail as aforesaid, then from and after the redemption date those Bonds and portions thereof called for redemption shall cease to bear interest and no longer shall be considered to be outstanding. If those moneys shall not be so available on the redemption date, or that notice shall not have been deposited in the mail as aforesaid, those Bonds and portions thereof shall continue to bear interest, until they are paid, at the same rate as they would have borne had they not been called for redemption. All moneys held by the Paying Agent for the redemption of particular Bonds shall be held in trust for the account of the registered owners thereof and shall be paid to them, respectively, upon presentation and surrender of those Bonds.

Section 4. The Bonds shall be designated “Various Purpose General Obligation (Limited Tax) Bonds, Series 2020,” or as otherwise designated in the Certificate of Award. Pursuant to Section 133.30(B), Ohio Revised Code, the Director of Finance may combine the Bonds with other bonds into a single consolidate issue of bonds for purposes of their sale as a single issue. Such Bonds shall contain a summary statement of the purposes for which the Bonds are issued; shall state that they are issued pursuant to this Ordinance; shall be executed by the Mayor and by the Director of Finance, one or both of whose signatures may be a facsimile signature; shall be issued only in fully registered form; and shall be registered as to both principal and interest at the corporate trust office of the Paying Agent. In the absence of the Mayor, the Bonds may be executed by the Vice Mayor. The Bonds shall be issued in the denominations and numbers as requested by the original purchaser (the “Original Purchaser”) and approved by the Director of Finance and shall be numbered as determined by the Director of Finance. The principal on the Bonds shall be payable upon presentation and surrender to the Registrar. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name that Bond is registered (the “Holder”) on the registration books of the City maintained by the Registrar and at the address appearing thereon at the close of business of the fifteenth day of the calendar month next preceding the Interest Payment Date (the “Regular Record Date”). Any interest not timely paid (the “Defaulted Interest”) shall cease to be payable to the person who is the Holder as of the Regular Record Date and shall be payable to the person who is the Holder at the close of business on a special record date for the payment of such defaulted interest. Such Special Record Date (the “Special Record Date”) shall be fixed by the Council of the City whenever moneys become available for payment of the Defaulted Interest, and the Registrar shall cause

notice of the proposed payment of such Defaulted Interest and the Special Record Date therefor to be mailed, first class postage prepaid, not less than ten days prior thereto to each Holder at the address as it appears on the registration books of the City maintained by the Registrar. The principal and interest on the Bonds is payable in lawful money of the United States of America without deduction for the services of the Registrar or Paying Agent.

No Bond shall be valid or become obligatory for any purpose unless and until an authentication certificate appearing on the Bond shall have been duly endorsed by the Registrar.

Any Bond, upon surrender thereof at the principal corporate trust office of the Registrar, together with an assignment duly executed by the Holder or the Holder’s duly authorized attorney in such form as shall be satisfactory to the Registrar, at the option of the Holder thereof, may be exchanged for Bonds of any authorized denomination or denominations in an aggregate principal amount not exceeding the principal amount of the Bond so exchanged, and bearing interest at the same rate and maturing on the same date.

Any Bond may be transferred only upon the books kept for the registration and transfer of Bonds upon surrender thereof at the principal corporate trust office of the Registrar together with an assignment duly executed by the Holder or the Holder’s duly authorized attorney in such form as shall be satisfactory to the Registrar. Upon the transfer of any such Bond and on request of the Registrar, the City shall execute in the name of the transferee, and the Registrar shall authenticate and deliver, a new Bond, of any authorized denomination, in aggregate principal amount equal to the principal amount of such Bond, and bearing interest at the same rate and maturing on the same date.

In all cases in which Bonds shall be exchanged or transferred, the City shall execute and the Registrar shall authenticate and deliver Bonds in accordance with the provisions of this Ordinance. The City and Registrar may make a charge for every such exchange or transfer of Bonds sufficient to reimburse them for any tax or other govern-mental charge required to be paid with respect to such exchange or transfer, and the Registrar may require that such charge or charges shall be paid before any such new Bond shall be delivered.

The Bonds, pursuant to the terms set forth below, may also be issued to a Depository (as defined below) for use in a book-entry system (defined below). The Director of Finance is authorized and directed, to the extent necessary or required, to enter into any agreements determined necessary in connection with the registration, authentication, immobilization, and transfer of Bonds, including arrangements for the payment of principal and interest by wire transfer, after determining that the execution thereof will not endanger the funds or securities of the City, which determination shall be conclusively evidenced by the signing of any such agreement.

If and as long as a book-entry system is utilized, (i) the Bonds shall be issued in the form of one fully registered Bond registered in the name of the Depository or its

nominee, as registered owner, and immobilized in the custody of the Depository; (ii) the beneficial owners in book-entry form shall have no right to receive Bonds in the form of physical securities or certificates; (iii) ownership of beneficial interests in book-entry form shall be shown by a book entry on the system maintained and operated by the Depository and its Participants (as hereinafter defined), and transfers of the ownership of beneficial interests shall be made only by book entry by the Depository and its Participants; and (iv) the Bonds as such shall not be transferable or exchangeable, except for transfer to another Depository or to another nominee of a Depository, without further action by the Council of the City.

If any Depository determines not to continue to act as a Depository for the Bonds for use in a book-entry system, the Director of Finance may attempt to have established a securities depository/book-entry relationship with another qualified Depository. If the Director of Finance does not or is unable to do so, the Director of Finance, after making provision for notification of the beneficial owners by the then Depository and any other arrangements he deems necessary, shall permit withdrawal of the Bonds from the Depository, and authenticate and deliver bond certificates in bearer or registered form, as the Director of Finance determines, to the assigns of the Depository or its nominee, all at the cost and expense (including any costs of printing), if the event is not the result of Council action or inaction, of those persons requesting such issuance.

As used in this Section and this Ordinance:

“Book-entry form” or “book-entry system” means a form or system under which (i) the beneficial right to principal and interest may be transferred only through a book entry and (ii) physical bonds in registered form are issued only to a Depository or its nominee as registered owner, with the bonds “immobilized” to the custody of the Depository, and the book entry is the record that identifies the owners of beneficial interests in that principal and interest.

“Depository” means any securities depository that is a clearing agency under federal law operating and maintaining a book-entry system to record beneficial ownership of the right to principal and interest, and to effect transfers of bonds, in book-entry form, and includes and means initially The Depository Trust Company (a limited purpose trust company), New York, New York.

“Participant” means any participant contracting with a Depository under a book-entry system and includes security brokers and dealers, banks and trust companies, and clearing corporations.

Section 5. The Bonds may be sold at private or negotiated sale or in a competitive bid on best bid at a purchase price and upon terms determined by the Director of Finance to be in the best interest of the City and shall be awarded by the Director of Finance with the final purchase price, aggregate principal amount, interest rate or rates, redemption provisions, if any, and principal installments due at stated maturity or pursuant to Mandatory Sinking Fund Redemption Requirements as set forth in the Certificate of Award, in accordance with law, and the provisions of this Ordinance, provided that the purchase price shall not be less than 97% of par plus accrued interest

to their date of delivery. The Mayor and the Director of Finance, as appropriate, are each authorized and directed to sign any transcript certificates, financial statements and other documents, agreements, representations and instruments and to take such actions as are necessary or appropriate to consummate the transactions contemplated by this Ordinance. The services of Calfee, Halter & Griswold LLP, Bond Attorneys, Cleveland, Ohio, as Bond Counsel for the Bonds are retained. The Director of Finance shall cause the Bonds to be prepared, and shall have the Bonds signed and delivered, together with a true transcript of proceedings with respect to the issuance of the Bonds, to the Original Purchaser thereof upon payment of the purchase price therefore. The Director of Finance of the City is authorized and directed to deliver the Bonds, when executed, to the Original Purchaser thereof upon payment of the purchase price. The proceeds of such sale shall be paid into the proper fund and used for the purpose for which the Bonds are being issued under the provisions of this Ordinance and to pay those costs set forth in Section 133.15(B), Ohio Revised Code; and any such costs which are future financing costs may be paid from the same sources from which the principal of and interest on the Bonds are paid. Notwithstanding the foregoing, the total amount financing costs (as defined in Section 133.01(K), Ohio Revised Code) of the Bonds, excluding fees and expenses of the underwriter, shall not exceed $130,000. All financing costs of the Bonds that are to be determined after the passage of this Ordinance shall be confirmed by Council. Any premium received by the City and accrued interest shall be transferred to the City’s Bond Retirement Fund to be applied to the payment of the principal and interest of the Bonds in the manner provided by law.

The Director of Finance is authorized, if it is determined to be in the best interests of the City, to retain the services of MAS Financial Advisory Services LLC, as the City’s municipal advisor, in connection with the issuance of the Bonds.

If requested by the Original Purchaser and determined by the Director of Finance to be necessary or appropriate, a preliminary official statement of the City relating to the original issuance of the Bonds is authorized to be distributed. The Mayor and Director of Finance, and either one of them, are authorized and directed to complete and sign, on behalf of the City and in their official capacities, an official statement, with such modifications, changes and supplements from the preliminary official statement as those officers or any one of them shall approve or authorize. Those officers are authorized, on behalf of the City and in their official capacities, to (i) determine, and to certify or otherwise represent, when the official statement is “deemed final” (except for permitted omissions) by the City as of its date or is a final official statement for purposes of SEC Rule 15c2-12(b)(1), (3) and (4), (ii) use and distribute, or authorize the use and distribution of, those official statements and any supplements thereto in connection with the original issuance of the Bonds, and (iii) complete and sign those official statements as so approved together with such certificates, statements or other documents in connection with the finality, accuracy and completeness of those official statements.

If, in the judgment of the Director of Finance, the filing of an application for a rating on the Bonds by one or more nationally-recognized rating agencies is in the best interest of and financially advantageous to the City, the Director of Finance is authorized to prepare and submit those applications, to provide to each such agency such information as may be required for the purpose, and to provide further for the payment

of the cost of obtaining each such rating from the proceeds of the Bonds to the extent available and otherwise from any other funds lawfully available and that are appropriated or shall be appropriated for that purpose.

Section 6. This Council authorizes the Director of Finance to appoint a registrar or paying agent for the Bonds (the “Registrar” or “Paying Agent,” as applicable). The Registrar or Paying Agent must be a financial institution able to complete transfer and exchange functions for the Bonds in accordance with standards and conditions applicable to registered corporate securities. The City retains the services of the Registrar for the Series 2020 Bonds. The Registrar will perform the services as bond registrar, authenticating agent, paying agent, and transfer agent for the Bonds as provided in this Ordinance. The Registrar will be paid for those services in accordance with a Registrar Agreement or Paying Agent Agreement between the City and the Registrar or Paying Agent, as applicable. The Registrar or Paying Agent must be designated in the Certificate of Award.

Section 7. For the purpose of providing the necessary funds to pay the interest on the Bonds promptly when and as the same falls due, and also to provide a fund sufficient to pay the principal of the Bonds when due, there shall be and is levied on all taxable property in the City, in addition to all other taxes, a direct tax annually during the period the Bonds are to run in an amount sufficient to provide funds to pay the interest upon the Bonds as and when the same fall due, and also to provide a fund for the payment of the principal of the Bonds when due, which tax shall not be less than the interest and sinking fund tax required by Section 11 of Article XII of the Constitution of Ohio; provided, however, that in each year to the extent that revenues are available from other sources for the payment of the Bonds and are appropriated for such purpose, the amount of such direct tax upon all of the taxable property in the City shall be reduced by the amount of such revenues so available and appropriated.

Section 8. Said tax shall be and is ordered computed, certified, levied and extended upon the tax duplicate and collected by the same officers, in the same manner and at the same time that taxes for general purposes for each of the years are certified, extended and collected. The tax shall be placed before and in preference to all other items and for the full amount thereof. The funds derived from the tax levy required under this Ordinance shall be placed in a separate and distinct fund, which, together with the interest collected on the same (other than such interest as may be required to be rebated to the federal government), shall be irrevocably pledged for the payment of the principal of and interest on the Bonds when and as the same fall due; provided, however, that in each year to the extent that revenues are available from other sources for the payment of the Bonds and are appropriated for such purpose, the amount of such direct tax upon all of the taxable property in the City shall be reduced by the amount of such revenues so available and appropriated.

Section 9. While the Bonds are outstanding, the City covenants to appropriate annually, to the extent required, sufficient amounts from municipal income tax revenues to pay principal and interest on the Bonds when the same fall due, and to continue to levy and collect the municipal income tax in an amount necessary to meet debt charges on the Bonds. On or before the maturity date of the Bonds, the City covenants to

deposit into the Bond Retirement Fund, from available funds appropriated for the purpose, an amount necessary to meet any shortfall that may exist between the amount then available in the Bond Retirement Fund and the amount of principal and interest due at maturity of the Bonds.

Section 10. The City covenants that it will restrict the use of the proceeds of the Bonds in such manner and to such extent, if any, as may be necessary so that the Bonds will not constitute arbitrage bonds under Section 148 of the Internal Revenue Code of 1986, as amended (the “Code”). The Director of Finance, or any other officer of the City having responsibility for the issuance of the Bonds shall give an appropriate certificate of the City, for inclusion in the transcript of proceedings for the Bonds, setting forth the reasonable expectations of the City regarding the amount and use of all the proceeds of the Bonds, the facts, circumstances and estimates on which they are based, and other facts and circumstances relevant to the tax treatment of the interest on the Bonds.

The City further covenants that it (a) will take or cause to be taken such actions that may be required of it for the interest on the Bonds to be and remain excluded from gross income for federal income tax purposes, and (b) will not take or authorize to be taken any actions that would adversely affect that exclusion, and that it, or persons acting for it, will, among other acts of compliance, (i) apply the proceeds of the Bonds to the governmental purpose of the borrowing, (ii) restrict the yield on investment property acquired with those proceeds, (iii) make timely rebate payments to the federal government, (iv) maintain books and records and make calculations and reports, and (v) refrain from certain uses of those proceeds, all in such manner and to the extent necessary to assure such exclusion of that interest under the Code. The Director of Finance and other appropriate officers are authorized and directed to take any and all actions, make calculations and rebate payments, and make or give reports and certifications, as may be appropriate to assure such exclusion of that interest.

Section 11. The Director of Finance is authorized and directed to execute a continuing disclosure certificate (the “Disclosure Certificate”) setting forth the City’s undertaking to provide annual reports and notices of certain events dated the date of delivery of the Bonds and delivered to the Original Purchaser of the Bonds for the benefit of the holders of the Bonds (the “Bondholders”) and to assist the Original Purchaser in complying with S.E.C. Rule 15c2-12(b)(5). The City covenants and agrees that it will comply with and carry out all of the provisions of the Disclosure Certificate. Failure of the City to comply with the Disclosure Certificate shall not be considered an event of default; however, any Bondholder may take such actions as may be necessary and appropriate to cause the City to comply with its obligations under this Section.

Section 12. If, in the judgment of the Director of Finance, the filing of an application for a policy of insurance from a company or companies to better assure the payment of principal and interest on the Bonds, is in the best interest of and financially advantageous to the City, the Council authorizes and directs the Director of Finance to prepare and submit that application and to provide to that company or companies the information required for the purpose. This Council authorizes and approves the expenditure of the amounts necessary to secure such insurance and authorizes and

directs the Director of Finance to provide for the payment of those amounts from any funds lawfully available that are appropriated for that purpose and to enter into such contracts with a bond insurer as may, in the judgment of the Director of Finance, be necessary to secure such insurance on terms which are in the best interests of and financially advantageous to the City.

Section 13. It is determined that all acts, conditions and things necessary to be done precedent to and in the issuing of the Bonds, in order to make them legal, valid and binding obligations of the City, have been done or will have been done and performed in regular and due form as required by law; that the full faith and credit of the City shall be and are irrevocably pledged for the prompt payment of the principal and interest thereof at maturity; and that no limitation of indebtedness or taxation, either statutory or constitutional, will be exceeded in the issuance of the Bonds.

Section 14. The Clerk of this Council is directed to forward, or otherwise cause to be forwarded, a certified copy of this Ordinance to the County Fiscal Officer.

Section 15. The Mayor, Director of Finance, Law Director and the Clerk of Council, as appropriate, are each authorized and directed to prepare, execute and deliver any transcript certificates, financial statements and other documents, agreements, representations and instruments and to take such actions as are necessary or appropriate to consummate the issuance of the Bonds as provided in this Ordinance.

Section 16. It is found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all such deliberations of this Council and any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements, including the City’s Charter, Codified Ordinances and any applicable provisions of Section 121.22 of the Ohio Revised Code.

Section 17. This Ordinance is declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the City, and for the further reason that the immediate issuance and sale of the Bonds is necessary to retire the Outstanding Notes at maturity and thereby preserve the City’s credit. Wherefore, this Ordinance shall take effect immediately upon it passage by the required five members of Council and approval by the Mayor; otherwise, it shall take effect and be in force after the earliest period allowed by law.

Introduced: July 14, 2020 First Reading: July 14, 2020 Passed:

________________________________ Gregory P. Kurtz, Mayor Attest: ____________________________ Debra J. Beal, Clerk of Council Attest:

ORDINANCE NO.: 2020-82 INTRODUCED BY: MAYOR KURTZ, VICE MAYOR GRENDEL,

COUNCILPERSON KAPUSTA, COUNCILPERSON NARDUZZI, COUNCILPERSON SYNEK, COUNCILPERSON TRAKAS, COUNCILPERSON VEVERKA, COUNCILPERSON WALCHANOWICZ

AN ORDINANCE CONTINUING THE APPOINTMENT OF GREGORY J. O’BRIEN AS THE CITY’S LAW DIRECTOR AND TAFT STETTINIUS & HOLLISTER LLP AS THE

CITY’S LAW DEPARTMENT*

WHEREAS, through Resolution 2020-04, as amended through Resolution 2020-15, the City appointed Gregory J. O’Brien as the City’s Law Director (“Law Director”) and retained the law firm of Taft Stettinius & Hollister LLP as the City’s Law Department (“Taft”) for legal services commencing January 2, 2020 through August 31, 2020; and

WHEREAS, the City desires to continue this representation by the Law Director and Taft beyond August 31, 2020, as its primary legal service provider, so as to continue to ably serve and represent the City in accordance with Article IV, Section 3 of the City’s Charter.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Independence, State of Ohio, that:

Section 1. Council hereby authorizes the continuation of the professional services of the Law Director and Taft on and after August 31, 2020, as its primary legal service provider, in accordance with and for the duration as set forth in Article IV, Section 3 of the City Charter.

Section 2. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this legislation were adopted in an open meeting of this Council, and all deliberations of this Council, and any of its committees, that resulted in such formal action were in meetings open to the public, in compliance with all legal requirements, including Revised Code Section 121.22.

Section 3. This Ordinance shall take effect and be in force at the earliest time

allowed by law. Introduced: August 11, 2020 First Reading: August 11, 2020 Passed:



ORDINANCE NO.: 2020-83 INTRODUCED BY: COUNCILPERSON WALCHANOWICZ, COUNCILPERSON

TRAKAS, COUNCILPERSON NARDUZZI AN ORDINANCE AMENDING ORDINANCE 2020-5 TO EXTEND THE DURATION OF VANCUREN SERVICES, INC. CONTRACT FOR GENERAL CITY TREE TRIMMING,

REMOVAL, DISPOSAL AND RELATED LABOR AND EQUIPMENT FOR CITY PROPERTY*

WHEREAS, through Ordinance 2020-5, the City accepted the bid of VanCuren Services, Inc. (“VSI”), 10555 Kinsman Road, Newbury, Ohio 44065, for the providing of general City tree trimming, removal, disposal and related labor and equipment for City property, for the period beginning February 1, 2020 and ending July 31, 2020, in an amount not to exceed Fifty-Two Thousand Seven Hundred Dollars ($52,700.00); and

WHEREAS, although the City accepted the bid of VSI for a six-month period,

their original bid provided for services through January 31, 2021; and WHEREAS, VSI has proven to be very efficient, ultimately lowering the overall

cost of tree trimming services for the City; and WHEREAS, the Service Director recommends the City amend Ordinance 2020-5

to extend the length of the contract with VSI through January 31, 2021, as originally bid. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Independence, State of Ohio, that: Section 1. Ordinance 2020-5 is hereby amended to extend the duration of the contract with VSI through January 31, 2021.

Section 2. Other than extending the duration of the contract with VSI through January 31, 2021, existing Ordinance 2020-5 shall remain in full force and effect. Section 3. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this legislation were adopted in an open meeting of this Council, and all deliberations of this Council, and any of its committees, that resulted in such formal action were in meetings open to the public, in compliance with all legal requirements, including Revised Code Section 121.22.

Section 4. This Ordinance provides for the usual and ordinary operation of the Service Department. Wherefore, this Ordinance shall take effect and be in force at the earliest time allowed by law.

Introduced: August 11, 2020 First Reading: August 11, 2020 Passed: ___________________________________ Gregory P. Kurtz, Mayor Attest: _______________________________ Debra J. Beal, Clerk of Council Attest:

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ORDINANCE NO.: 2020-84 INTRODUCED BY: COUNCILPERSON SYNEK, VICE MAYOR GRENDEL,

COUNCILPERSON TRAKAS, COUNCILPERSON KAPUSTA, COUNCILPERSON VEVERKA

AN ORDINANCE AUTHORIZING AN INCREASE IN THE AMOUNT OF FUNDS ALLOCATED TO THE RETENTION OF MAZANEC, RASKIN & RYDER CO., LPA FOR

PROFESSIONAL LEGAL SERVICES* WHEREAS, through Ordinance 2020-62, the City retained attorney John T. McLandrich (“McLandrich”) and the law firm of Mazanec, Raskin & Ryder Co., LPA, to represent Anthony Togliatti, in his former official and individual capacity, in accordance with their proposal, relative to the action styled Leonard Mazzola v. Anthony Togliatti, et al., Case No. 19-cv-02519, in the United States District Court, Northern Division (the “Lawsuit”), in an amount not to exceed Twenty-Five Thousand Dollars ($25,000.00); and WHEREAS, the City has received a request from attorney John T. McLandrich that additional funds towards the representation of Anthony Togliatti, in his former official and individual capacity, are necessary to fully and completely provide legal services relative to the Lawsuit; and WHEREAS, pursuant to Ohio Revised Code Section 5705.41, the Finance Director certifies that both at the time the Agreement was made and at the current time, sufficient funds were available to the credit of a proper fund to pay for any legal professional services performed by attorney John T. McLandrich and the law firm of Mazanec, Raskin & Ryder Co., LPA. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Independence, State of Ohio, that: Section 1. The Council hereby authorizes an increase in the amount of funds allocated to the retention of attorney John T. McLandrich and the law firm of Mazanec, Raskin & Ryder Co., LPA, to represent Anthony Togliatti, in his former official and individual capacity, in accordance with their proposal, relative to the Lawsuit, in an amount not to exceed Twenty Thousand Dollars ($20,000.00), and for a total amount not to exceed Forty-Five Thousand Dollars ($45,000.00). Section 2. It is found and determined that all formal actions of this Council

concerning and relating to the adoption of this legislation were adopted in an open meeting of this Council, and all deliberations of this Council, and any of its committees, that resulted in such formal action were in meetings open to the public, in compliance with all legal requirements, including Revised Code Section 121.22.

Section 3. Wherefore, this Ordinance shall take effect and be in force at the

earliest time allowed by law. Introduced: August 11, 2020 First Reading: August 11, 2020 Passed: Gregory P. Kurtz, Mayor Attest: Debra J. Beal, Clerk of Council Attest:

ORDINANCE NO.: 2020-85 INTRODUCED BY: MAYOR KURTZ

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A PURCHASE AGREEMENT WITH KIN PROPERTIES, INC. FOR THE PURCHASE OF REAL

PROPERTY LOCATED WITHIN THE CITY*

WHEREAS, Kin Properties, Inc. desires to sell real property located at 6571-6595 Brecksville Road, Independence Ohio, PPNs 562-08-026 and 562-08-048 (the “Kin Property”), as more fully described in Exhibit A attached hereto and incorporated herein by reference, to the City, in an amount not to exceed One Million One Hundred Seventy-Five Thousand Dollars ($1,175,000.00), plus closing costs; and

WHEREAS, Kin Properties, Inc. has agreed to enter into a Purchase Agreement with the City, subject to form as approved of the Law Director, for the sale of the Kin Property, in an amount not to exceed One Million One Hundred Seventy-Five Thousand Dollars ($1,175,000.00), plus closing costs.

NOW THEREFORE, BE IT ORDAINED by the Council of the City of Independence, State of Ohio, that:

Section 1. The Mayor is hereby authorized to enter into a Purchase Agreement with Kin Properties, Inc., subject to form as approved by the Law Director, for the purchase and sale of the Kin Property, in an amount not to exceed One Million One Hundred Seventy-Five Thousand Dollars ($1,175,000.00), and expend up to Twenty Thousand Dollars ($20,000.00) in closing costs, for a total amount not to exceed One Million One Hundred Eighty Thousand Dollars ($1,195,000.00).


Section 3. This Ordinance provides for the usual and ordinary operation of the Economic Development Department. Wherefore, this Ordinance shall take effect and be in force at the earliest time allowed by law. Introduced: August 11, 2020 First Reading: August 11, 2020 Passed: _____________



ORDINANCE NO.: 2020-86 INTRODUCED BY: COUNCILPERSON VEVERKA, VICE MAYOR GRENDEL,

COUNCILPERSON NARDUZZI

AN ORDINANCE AUTHORIZING FUNDING FOR ROAD AND RIGHT-OF-WAY REPAIRS NECESSITATED BY NUMEROUS WATER MAIN BREAKS, LEAKS,

AND/OR WATER VALVE AND/OR HYDRANT REPAIRS 2020* WHEREAS, funding is needed for ongoing and likely future road and right-of-way repair work necessitated by numerous water main breaks, leaks and/or water valve and/or hydrant repairs in the City; and WHEREAS, the City has utilized approximately 53% of 2019 funds to make repairs to date, however, future water main breaks and right-of-way repairs will deplete 2019 funds, as set forth in the Memorandum from the City Engineer dated July 23, 2020, attached hereto; and

WHEREAS, the City Engineer requests the allocation of funding for ongoing and likely future road and right-of-way repair work necessitated by numerous water main breaks, leaks and/or water valve and/or hydrant repairs, through one Purchase Order, in a total amount not to exceed One Hundred Thousand Dollars ($100,000.00), as set forth in the Memorandum from the City Engineer, dated July 23, 2020, attached hereto; and

WHEREAS, pursuant to Ohio Revised Code Section 5705.41, the Finance Director certifies that both at the time the contract or order for these services was made and at the current time, sufficient funds are available to the credit of a proper fund to authorize payment of these services; and WHEREAS, the services provided already, and to be provided, are required due to the emergency created by the water main breaks. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Independence, State of Ohio, that: Section 1. The Council hereby authorizes funding for ongoing and likely future road and right-of-way repair work necessitated by numerous water main breaks, leaks and/or water valve and/or hydrant repairs, through one Purchase Order, in a total amount not to exceed One Hundred Thousand Dollars ($100,000.00), as set forth in the Memorandum from the City Engineer, dated July 23, 2020, attached hereto.

Section 2. The Mayor and Finance Director are hereby authorized to sign the documents necessary, subject to the Law Director’s approval as to form, to fund the

ongoing and likely future road and right-of-way repair work necessitated by numerous water main breaks, leaks and/or water valve and/or hydrant repairs, through one Purchase Order, in a total amount not to exceed One Hundred Thousand Dollars ($100,000.00), as set forth in the Memorandum from the City Engineer, dated July 23, 2020, attached hereto. Section 3. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this legislation were adopted in an open meeting of this Council, and all deliberations of this Council, and any of its committees, that resulted in such formal action were in meetings open to the public, in compliance with all legal requirements, including Revised Code Section 121.22.

Section 4. This Ordinance provides for the usual and ordinary operation of the Engineering and Service Departments. Wherefore, this Ordinance shall take effect and be in force at the earliest time allowed by law. Introduced: August 11, 2020 First Reading: August 11, 2020 Passed: Gregory P. Kurtz, Mayor Attest: Debra J. Beal, Clerk of Council Attest:

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ORDINANCE NO.: 2020-87 INTRODUCED BY: COUNCILPERSON KAPUSTA, COUNCILPERSON

TRAKAS, COUNCILPERSON WALCHANOWICZ AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH

KIMBLE COMPANIES INC. FOR RECYCLING PROCESSING SERVICES*

WHEREAS, pursuant to Resolution No. 2015-49, the City participated in the Consortium, organized by the Cuyahoga County Solid Waste District, comprising the communities of Beachwood, Cleveland Heights, Highland Hills, Independence, Lyndhurst, Moreland Hills, Pepper Pike, Shaker Heights, Solon, University Heights, Warrensville Heights and Woodmere to request proposals for the processing of recyclables collected within the participating communities; and

WHEREAS, on behalf of the participants in the Consortium, the Cuyahoga County Solid Waste District published in the Plain Dealer, on May 31, 2020 and June 3, 2020, a request for proposals for the recycling processing services; and

WHEREAS, proposals were received from various companies in response to the request for proposals; and

WHEREAS, staff from the communities participating in the Consortium met to review the proposals and unanimously voted to recommend that the Consortium award the contract for recycling processing services to Kimble Companies Inc. who best demonstrated the capacity to perform all services requested within the RFP and offered the best revenue sharing formula to the cities, for a period of two years, beginning September 1, 2020 and ending August 31, 2022, in an estimated amount not to exceed Fifty-Five Thousand Two Hundred Dollars ($55,200.00), as set forth in the letter from the Service Director dated July 2, 2020.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Independence, State of Ohio, that:

Section 1. Council hereby approves the recommendation of the consortium to select Kimble Companies Inc., 3596 State Route 39 NW, Dover, Ohio 44622 as a successful contractor to provide recycling processing services for the City, for a period of two years, beginning September 1, 2020 and ending August 31, 2022, in an estimated amount not to exceed Fifty-Five Thousand Two Hundred Dollars ($55,200.00), as set forth in the letter from the Service Director dated July 2, 2020.

Section 2. Council hereby authorizes the Mayor to execute and deliver to Kimble Companies Inc. an Agreement for Recycling Processing Services, for a period of two years, beginning September 1, 2020 and ending August 31, 2022, in an estimated amount not to exceed Fifty-Five Thousand Two Hundred Dollars ($55,200.00), to be

signed and returned to the City consistent with the Kimble Companies Inc. proposal, as set forth in the letter from Service Director dated July 1, 2020.


Section 4. This Ordinance provides for the usual and ordinary operation of the Service Department. Wherefore, this Ordinance shall take effect and be in force at the earliest time allowed by law.

Introduced: August 11, 2020 First Reading: August 11, 2020 Passed:

_______________________________ Gregory P. Kurtz, Mayor

Attest: _______________________________ Debra J. Beal, Clerk of Council Attest:

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ORDINANCE NO.: 2020-88 INTRODUCED BY: VICE MAYOR GRENDEL, COUNCILPERSON VEVERKA,

COUNCILPERSON SYNEK AN ORDINANCE AUTHORIZING THE RETENTION OF TRAVELERS PROPERTY

CASUALTY COMPANY OF AMERICA FOR INSURANCE UNDERWRITING SERVICES FOR THE PURCHASE OF PROPERTY, AUTOMOBILE, INLAND

MARINE/EQUIPMENT, AND CRIME/CYBER INSURANCE 2020 – 2021*

WHEREAS, through Ordinance 2020-75, the City entered into an Agreement with CBIZ Insurance Services, Inc., 6050 Oak Tree Boulevard, 5th Floor, Independence, Ohio 44131, for professional insurance broker services, for the purchase of property, automobile, inland marine/equipment, and crime/cyber insurance for the City, for the period beginning August 20, 2020 and ending August 19, 2021; and

WHEREAS, for the past several years, and at the recommendation of CBIZ, the

City has retained Travelers Property Casualty Company of America, 9601 McAllister Freeway, Suite 7700, San Antonio, Texas 78216, for insurance underwriting services, for the purchase of property, automobile, inland marine/equipment, and crime/cyber insurance; and

WHEREAS, Travelers continues to demonstrate outstanding customer service,

responsiveness to the City’s needs and prompt payment; and WHEREAS, CBIZ is again recommending Travelers for the City’s Insurance

Underwriting Services; and WHEREAS, the Procurement Coordinator recommends the City retain Travelers

Property Casualty Company of America, 9601 McAllister Freeway, Suite 7700, San Antonio, Texas 78216, for insurance underwriting services, for the purchase of property, automobile, inland marine/equipment, and crime/cyber insurance, for the period beginning August 20, 2020 and ending August 19, 2021, in an amount not to exceed One Hundred Twelve Thousand Six Hundred Forty-Four Dollars ($112,644.00), as set forth in the letter from the Procurement Coordinator dated August 8, 2020, attached hereto; and

WHEREAS, the services to be provided by Travelers Property Casualty

Company of America are a specialized professional unique service; and thus, pursuant to Article IV, Section 2 (c) (5) of the City Charter, no bidding is required;


Independence, State of Ohio, that:

Section 1. The Council hereby authorizes the retention of Travelers Property Casualty Company of America, 9601 McAllister Freeway, Suite 7700, San Antonio, Texas 78216, for insurance underwriting services, for the purchase of property, automobile, inland marine/equipment, and crime/cyber insurance, for the period beginning August 20, 2020 and ending August 19, 2021, in an amount not to exceed One Hundred Twelve Thousand Six Hundred Forty-Four Dollars ($112,644.00), as set forth in the letter from the Procurement Coordinator dated August 8, 2020, attached hereto.

Section 2. The Mayor is hereby authorized to enter into an agreement, subject to the Law Director’s approval as to form, with Travelers Property Casualty Company of America, 9601 McAllister Freeway, Suite 7700, San Antonio, Texas 78216, for insurance underwriting services, for the purchase of property, automobile, inland marine/equipment, and crime/cyber insurance, for the period beginning August 20, 2020 and ending August 19, 2021, in an amount not to exceed One Hundred Twelve Thousand Six Hundred Forty-Four Dollars ($112,644.00), as set forth in the letter from the Procurement Coordinator dated August 8, 2020, attached hereto.


Section 4. This Ordinance provides for the usual and ordinary operation of the Finance Department. Wherefore, this Ordinance shall take effect and be in force at the earliest time allowed by law. Introduced: August 11, 2020 First Reading: August 11, 2020 Passed: Gregory P. Kurtz, Mayor Attest: Debra J. Beal, Clerk of Council Attest:

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Presented to:

City Of Independence

6800 Brecksville Road

Independence, OH 44131

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NYSE: CBZ

Offices in most major markets

100+ offices

4,000+ professionals

90,000+ clients

#1 Largest U.S. Benefits Specialist 1

10th

18th

A Top 100

Largest Accounting Provider Nationally 2,3

Largest Broker of U.S. Business4

Retirement Plan Adviser 5

56 Workplace

Awards Since 2012

Financial & Accounting

• Accounting & Tax

• Government Health Care Consulting

• Financial Advisory

• Valuation

• Litigation Support

• Risk & Advisory Services

• Real Estate Advisory Services

Benefits & Insurance

• Employee Benefits

• Payroll/HRIS

• Property & Casualty

• Retirement Plan Services

• Human Capital Services

Commitment to Community

including

4 Million+ Lbs. of Food

Connect with us! www.cbiz.com

CBIZ CBZ CBIZServices CBIZSolutions

Donated Since 2009

1 Business Insurance magazine – September 2015 2 All audit and assurance ser vices are provided by Mayer Hoffman McCann P.C., an independent CPA Firm 3 Accounting Today – March 2016 4 Business Insurance magazine – July 20, 2015 5 PLANADVISER – February 29, 2016

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3 City Of Independence

CBIZ SERVICE TEAM

INDIVIDUAL / TITLE FUNCTIONAL POSITION

VICE PRESIDENT

Michael Perry

Direct Line 216-520-6628

Cell 216-470-4500

E-mail: [email protected]

Your account representative responsible for

overall delivery of excellent service.

SENIOR ACCOUNT MANAGER

Erika Schabo (Lahti)


Fax 216-447-9007


Responsible for day-to-day service activities,

correspondence, account file maintenance,

certificates, invoicing, financial accounting, etc.

ACCOUNT MANAGER

Courtney Lovelace


Fax 216-447-9007





ACCOUNT MANAGER

Jennifer Lukat


Fax 216-447-9007





This is a summary of your insurance coverages. It is designed for your convenience. It does not alter

or extend coverage in any way. Please consult your insurance contract for specific policy terms,

conditions, or exclusions.

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mailto:[email protected]


TABLE OF CONTENTS

Section 2

Named Insured

Locations

Section 3

Property

Section 4

Automobile

Section 5

Inland Marine

Section 6

Crime

Section 7

Cyber

Section 8

Premium Summary

Pay Plan

Section 9

Items to Discuss

General Information

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FIRST NAMED INSURED

Named Insured

City of Independence

LOCATION SCHEDULE

Loc

# Bldg # Address City State

Zip

Code

1 1-24 6800 Brecksville Rd Independence OH 44131

2 25 6305 Selig Blvd, Independence Independence OH 44131

3 26 6335 Selig Blvd Independence OH 44131


5 28-38 6200 Elmwood Ave Independence OH 44131

6 39 6359 Selig Blvd, Independence OH 44131

7 40-45 6350 Selig Blvd Independence OH 44131

8 46 6350 Brecksville Rd Independence OH 44131


10 48-51 7423 Old Rockside Rd Independence OH 44131



13 58-59 7121 Valley View Dr. Independence OH 44131

14 60-61 6354 Selig Dr. Independence OH 44131




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PROPERTY

Company: Travelers Property Casualty Co of America

A.M. Best Rating A++; XV

Policy Period: August 20, 2020 – August 20, 2021

Location: Blanket

Blanket Coverage 2019/2020 Limits 2020/2021 Limits Deductible

Blanket Building &

Business Personal Property $53,325,744 $53,325,744 $10,000

Business Income/Extra

Expense $750,000 $750,000 72 Hours

Location #10 Building #51: 7423 Old Rockside Rd, Independence, OH 44131 –

Maintenance Building

Coverage 2019/2020 Limits 2020/2021 Limits Deductible

Building $190,457 $190,457 $10,000

Location #15 Building #62: 6685 Brecksville Rd, Independence, OH 44131 – Two Family

Home


Building $362,649 $362,649 $10,000

Location #15 Building #63: 6685 Brecksville Rd, Independence, OH 44131 - Garage


Building $22,167 $22,167 $10,000

Location #16 Building #64: 6584 Brecksville Rd, Independence, OH 44131 – Barber

Shop


Building $525,713 $525,713 $10,000

Business Personal Property $38,850 $38,850 $10,000

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PROPERTY, CONTINUED

Location #17 Building #65: 7489 Brecksville Rd, Independence, OH 44131 – Historical

Society


Building $484,545 $484,545 $10,000

Valuation:

Subject of Insurance Valuation Coinsurance

Building Replacement Cost 90%

Business Personal Property Replacement Cost 90%

Perils Insured:

Direct Physical Loss subject to policy exclusions

Equipment Breakdown Included

Additional Covered Property

Personal Property at Undescribed Premises

o At any “exhibition” premises: $50,000

o At any other not owned, leased or regularly operated premises: $50,000

Personal Property in Transit: $50,000

Only apply to Loc #1-10

o Building Coverage: bridges, roadways, walks, patios or other paved surfaces $42,600


o Building Coverage: bridges, roadways, walks, patios or other paved surfaces

$134,500


o Building Coverage: Fences outside of building $168,100

Unintentional E&O Failure to Report Locations $100,000

Deluxe Property Coverage

Accounts Receivable:

o At all described premises: $250,000

o In transit or at all undescribed premises: $250,000

Appurtenant Buildings and Structures: $100,000

Claim Data Expense: $25,000

Covered Leasehold Interest – Undamaged Improvements & Betterments

o Lesser of Your Business Personal Property limit or: $100,000

Debris Removal (additional amount): $250,000

Deferred Payments: $25,000

Duplicate Electronic Data Processing Data and Media: $50,000

Electronic Data Processing Data and Media

o At all described premises $50,000; Deductible $2,500

Employee Tools

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PROPERTY, CONTINUED

o In any one occurrence: $25,000

o Any one item: $2,500

Expediting Expenses: $25,000

Extra Expense: $25,000

Fine Arts

o At all described premises: $50,000

o In transit: $25,000

Fire Department Service Charge: Included*

Fire Protective Equipment Discharge: Included*

Green Building Alternatives – Increased Cost

o Percentage 1%

o Maximum amount – each building: $100,000

Green Building Reengineering and Recertification Expense: $25,000

Limited Coverage for Fungus, Wet Rot or Dry Rot – Annual Aggregate: $25,000

Loss of Master Key: $25,000

Newly Constructed or Acquired Property:

o Buildings - each $2,000,000

o Personal Property at each premises: $1,000,000

Non-Owned Detached Trailers: $25,000

Ordinance or Law Coverage: $250,000

Outdoor Property $100,000

o Any one tree, shrub or plant limit: $5,000

Outside Signs

o At all described premises $100,000

o At all undescribed premises $5,000

Personal Effects $50,000

Personal Property At Premises Outside of the Coverage Territory: $50,000

Personal Property In Transit Outside of the Coverage Territory $50,000

Pollutant Cleanup and Removal – Annual Aggregate: $100,000

Preservation of Property

o Expenses to move and temporarily store property: $250,000

o Direct loss or damage to moved property: Included*

Reward Coverage

o 25% of covered loss up to a maximum of: $25,000

Stored Water: $25,000

Theft Damage to Rented Property: Included*

Undamaged Parts of Stock in Process: $50,000

Valuable Papers and Records – Cost of Research

o At all described premises $250,000

o In transit or at all undescribed premises $250,000

Water or Other Substance Loss – Tear Out and Replacement Expense: Included*

*Included means included in applicable Covered Property Limit of Insurance

Deluxe Business Income

Business Income from Dependent Property

o At Premises Within the Coverage Territory $250,000

o At Premises Outside of the Coverage Territory $100,000

Civil Authority

o Coverage Period: 30 days

o Coverage Radius: 100 miles

Claim Data Expense: $25,000

Contract Penalties: $25,000

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PROPERTY, CONTINUED

Extended Business Income


Fungus, Wet Rot or Dry Rot – Amended Period of Restoration


Green Building Alternatives – Increased Period of Restoration


Ingress or Egress: $25,000

o Coverage Radius: 1 mile

Newly Acquired Locations: $500,000

Ordinance or Law - Increased Period of Restoration: $250,000

Pollutant Cleanup and Removal – Annual Aggregate: $25,000

Transit Business Income: $25,000

Undescribed Premises: $25,000

Cause of Loss:

Earthquake: Aggregate Limit: $5,000,000; Deductible: $50,000

Broad Form Flood: Aggregate Limit: $5,000,000; Deductible: $50,000

Equipment Breakdown:

o Spoilage $250,000

o Ammonia Contamination $250,000

o Hazardous Substance $250,000

Utility services:

Direct Damage - in any one occurrence: $50,000

Public Sector Services Additional Coverage Endorsements

Sewer or Drain Backup Amendment: $50,000

Public Entity Property Extensions:

o Confiscated Property $100,000

o Street Lights – each item $25,000

o Street Lights – maximum per occurrence $100,000

o Street Signs – each item $25,000

o Street Signs – maximum per occurrence $100,000

o Traffic Signs and Lights – each item $25,000

o Traffic Signs and Lights – maximum per occurrence $100,000

o Stadium Lights – each item $25,000

o Stadium Lights – maximum per occurrence $100,000

Amendments:

Causes Of Loss-Equipment Breakdown DX T3 19

Additional Covered Property DX T3 62

Electronic Vandalism Limitation Endt DX T3 98

Excl. Of Loss Due To Virus Or Bacteria IL T3 82

Amndt Common Policy Cond-Prohibited Covg IL T4 12

Cap On Losses Certified Act Of Terrorism IL T4 14

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AUTOMOBILE

Company: The Charter Oak Fire Insurance Company



Coverage Symbol Limits

Bodily Injury & Property Damage -

Combined Single Limit 1 $1,000,000

Medical Payments – Each Person 2 $5,000

Uninsured Motorist – Limit Per Accident 2 $1,000,000 BI Only

Underinsured Motorist – Limit Per

Accident 2 Included

Physical Damage - Comprehensive 2 $2,500

Physical Damage – Collision 2 $2,500

Symbol Description Of Covered Auto Designation Symbols 1 Any "Auto"

2 Owned "Autos" Only

Only those "autos" you own (and for Covered Autos Liability Coverage any "trailers" you don't own while

attached to power units you own). This includes those "autos" you acquire ownership of after the policy

begins.

3

Owned Private

Passenger

"Autos" Only

Only the private passenger "autos" you own. This includes those private passenger "autos" you acquire

ownership of after the policy begins.

4

Owned

"Autos" Other Than

Private Passenger

"Autos" Only

Only those "autos" you own that are not of the private passenger type (and for Covered Autos Liability

Coverage any "trailers" you don't own while attached to power units you own). This includes those

"autos" not of the private passenger type you acquire ownership of after the policy begins.

5

Owned "Autos" Subject

To

No-fault

Only those "autos" you own that are required to have no-fault benefits in the state where they are

licensed or principally garaged. This includes those "autos" you acquire ownership of after the policy

begins provided they are required to have no-fault benefits in the state where they are licensed or

principally garaged.

6

Owned "Autos" Subject

To A Compulsory

Uninsured

Motorists Law

Only those "autos" you own that because of the law in the state where they are licensed or principally

garaged are required to have and cannot reject Uninsured Motorists Coverage. This includes those

"autos" you acquire ownership of after the policy begins provided they are subject to the same state

uninsured motorist’s requirement.

7

Specifically

Described

"Autos"

Only those "autos" described in Item Three of the Declarations for which a premium charge is shown

(and for Covered Autos Liability Coverage any "trailers" you don't own while attached to any power unit

described in Item Three).

8 Hired "Autos" Only

Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent

or borrow from any of your "employees", partners (if you are a partnership), members (if you are a

limited liability company) or members of their households.

9 Non-owned

"Autos" Only

Only those "autos" you do not own, lease, hire, rent or borrow that are used in connection with your

business. This includes "autos" owned by your "employees", partners (if you are a partnership),

members (if you are a limited liability company) or members of their households but only while used in

your business or your personal affairs.

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AUTOMOBILE, CONTINUED

Amendments:

Amendment Of Bodily Injury Definition

Public Entity Auto Extension

Professional Services Not Covered

Emergency Vehicles - Volunteer Firefighters' & Workers' Injuries Excluded

Amendment Of Employee Definition

Amendment Of Common Policy Conditions - Prohibited Coverage – Unlicensed Insurance And

Trade Or Economic Sanctions

Policy Extensions:

Hired Auto Physical Damage:

o Comprehensive/Collision - Deductible $1,000

Number Of Autos, Excluding Trailers: 123

Number Of Trailers: 14

Composite Rating Applies

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INLAND MARINE

Company: Travelers Property Casualty Co of America



Coverage Limit Deductible

Contractor’s Equipment Unlisted Items $250,000;

Not To Exceed $250,000 Per Item $10,000

Leased or Rented Items $100,000 $10,000

Newly Acquired Contractors Equipment $250,000 $10,000

Replacement Items - Rental Cost $5,000 $10,000

Replacement Items - Loss to any one

Replacement Item $100,000 $10,000

Maximum Amount of Payment $350,000 $10,000

Windstorm - $1,000

Valuation:

Subject of Insurance Valuation Coinsurance

Equipment Actual Cash Value N/A

Perils Insured:

Direct Physical Loss subject to policy exclusions

Amendments:

Excl. Of loss due to virus or bacteria IL T3 82

Amndt Common Policy Cond-Prohibited Covg IL T4 12

Cap On Losses Certified Act Of Terrorism IL T4 14

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CRIME

Company: Travelers Casualty and Surety Company of America



Coverage Form: Discovery

Coverage Recommended Limits Deductible

Employee Theft See Endorsement -

Forgery or Alteration $250,000 $5,000

On Premises $250,000 $5,000

In Transit $250,000 $5,000

Money Orders and Counterfeit Money $250,000 $5,000

Computer Fraud $250,000 $5,000

Computer Program and Electronic Data

Restoration Expense $250,000 $5,000

Funds Transfer Fraud $250,000 $5,000

Claim Expense $5,000 $0

Insured's Premises Covered: Worldwide

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CYBER

Company: Travelers Casualty and Surety Company of America



Coverage Form: Discovery

Coverage Limits Deductible

Aggregate Limit $1,000,000 -

Liability

Privacy and Security $1,000,000 $10,000

Payment Card Costs $1,000,000

Subject to Privacy

and Security

Retention

Media $1,000,000 $10,000

Regulatory Proceedings $1,000,000 $10,000

Breach Response

Privacy Breach Notification $1,000,000 $10,000

Computer and Legal Experts $1,000,000 $10,000

Cyber Extortion $1,000,000 $10,000

Data Restoration $1,000,000 $10,000

Public Relations $1,000,000 $10,000

Cyber Crime

Social Engineering Fraud $100,000 $5,000

Telecom Fraud $250,000 $5,000

Business Loss

Business Interruption $1,000,000 N/A

Dependent Business Interruption $100,000 N/A

Dependent Business Interruption –

System Failure $100,000 N/A

Reputation Harm $250,000 $5,000

System Failure $1,000,000 N/A

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CYBER, CONTINUED

Policy Extensions:

Period Of Restoration: 180 days

Period Of Indemnity: 30 days

Wait Period: 10 hours

Knowledge Date: August 20, 2018

P&P Date: August 20, 2018

Extended Reporting Period for Cyber Coverage:

o Additional Premium Percentage: 75%

o Additional Months: 12

Forms:

ACF-2001-0119 Modular Declarations Page

AFE-16001-0119 General Conditions

CRI-3001-0109 Crime Policy Form

CYB-16001-0119 CyberRisk Coverage ACF-7006-0511 Removal of Short-Rate Cancellation Endorsement

ACF-7007-0811 Cross-Coverage Notice Endorsement

AFE-17020-0119 Ohio Changes Endorsement

AFE-19029-0719 Cap On Losses From Certified Acts Of Terrorism Endorsement

AFE-19030-0719 Federal Terrorism Risk Insurance Act Disclosure Endorsement

CRI-19072-0315 Global Coverage Compliance Endorsement – Adding Financial Interest

Coverage and

Sanctions Condition and Amending Territory Condition

CRI-19085-0919 Social Engineering Fraud Insuring Agreement Endorsement

CRI-19097-0517 Replace Exclusion BB. Endorsement

CRI-19101-1117 Amendatory Endorsement for Certain ERISA Considerations

CRI-19115-0519 Telecommunication Fraud Insuring Agreement Endorsement

CRI-5036-0613 Ohio Cancellation or Termination Endorsement

CRI-7026-0713 Amend Cancellation As To Any Employee Endorsement

CRI-7027-0109 Amend Extended Period to Discover Loss Endorsement

CRI-7059-0109 Amend Definition of Employee Endorsement

CRI-7129-0109 Government Entity Crime Endorsement Including Coverage for Treasurers and

Tax Collectors

CYB-19102-0119 Dependent Business Interruption - System Failure Endorsement

CYB-19119-0119 Amend Privacy And Security Act To Include Violation Of The General Data

Protection Regulation Endorsement

CYB-19122-0519 Vendor Or Client Payment Fraud Endorsement

CYB-19123-0519 Bricked Equipment Endorsement

LIA-5034-1107 Ohio Cancellation and Nonrenewal Endorsement

Claims Made Notice:

Except to such extent as may otherwise be provided herein, the coverage of this policy is

generally limited to liability for only those claims that are first made against the insureds during

the policy period and reported in writing to the insurer pursuant to the terms herein.

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PREMIUM SUMMARY

Coverage

2019/2020

Annualized

Premium

2020/2021

Estimated

Premium Current Dates Section #

Property $36,092 $37,072 08/20/20 – 08/20/21 3

Automobile $56,542 $64,569 08/20/20 – 08/20/21 4

Inland

Marine/Equipment $1,588 $1,838 08/20/20 – 08/20/21 5

Crime $7,170 $9,165 08/20/20 – 08/20/21 6

Cyber Included Included 08/20/20 – 08/20/21 7

Total Premium $101,392 $112,644

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PAYMENT PLANS & TERMS

Payment of Premiums:

If your policies are billed by CBIZ and not directly from the carrier, payment is due the later of the effective

date or 30 days after the invoice date.

For certain policies, normal credit terms are not available and payment must be received before the

insurance carrier will issue your policy. Your Service Team will inform you of such exceptions.

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CLAIMS-MADE POLICIES

OCCURRENCE VERSUS CLAIMS MADE COVERAGE.

Insurance written on an occurrence form provides coverage for events or wrongful acts solely

occurring during the policy period. The claim from the wrongful act can be brought in the future after

the policy expires and still have coverage respond. For example, if you buy an auto policy that is valid

for one year, then it will cover an accident that happens during that one-year period, even if a lawsuit

isn’t filed until after the policy has already expired. On the other hand, coverage is triggered for a

claims-made insurance policy only when a claim is first reported during the policy period, even if the

injury actually occurred prior to the inception date of the insurance policy. Conversely, if the injury

occurs during the policy period and a claim isn’t reported until after the policy has expired, then the

policy will not provide coverage. Management liability and professional liability policies are typically on

claims-made forms. The common exceptions are media liability and health care professional liability,

which tend to be on occurrence forms.

WHAT IS A “RETROACTIVE DATE”?

Claims-made policies also often contain a retroactive date that specifies the earliest point in time for

which the insurance will provide coverage. The coverage applies to actual or alleged wrongful acts

from the retroactive date forward. Only injuries or wrongful acts occurring after the retroactive date

will be covered by a claims-made policy.

WHAT IS A “CONTINUITY DATE”?

This is synonymously called the “prior and pending litigation date.” Similar to a retroactive date, this

feature sets a date in time for prior or active litigation but not wrongful acts. This clause will state that

any litigation of any type that initiated prior to the continuity date will not be covered, even if the

allegations were not part of a potentially covered claim. Many claims can evolve from one type to

another. For example, a pollution event could harm the value of a corporation and evolve into a

Directors & Officers Liability claim, or a Privacy Litigation claim could evolve into a Directors and

Officers Liability claim. This date is typically set as the date the named insured first bought a type of

insurance policy. When moving coverage from one insurer to another, it is critical to maintain your

continuity date.

WHAT IS A “CLAIM”?

Often a claims-made policy will define the term “claim” quite broadly to include much more than just a

lawsuit. Many policies define “claim” to include written demands for damages as well as proceedings

such as arbitration, administrative (such as those brought by the SEC or EEOC), regulatory, mediation

and civil proceedings. The language of each particular policy will govern what constitutes a claim. If

you receive a demand or threat of any kind, however, and are unsure what to do, then contact your

insurance agent or your insurance company promptly.

DOES THE INSURANCE HAVE A CLAIM REPORTING REQUIREMENT?

Claims-made policies require that claims must be reported to the insurance company before the

insurer will respond to the claim. Obviously the insurer’s participation in the claim process often

cannot begin until the claim is reported. Claims should be reported promptly to preserve your rights

under the policy. The insurer will often reserve their rights to cover any defense expenses incurred

prior to their receipt of the claim. They will need to consent to any expenses if you wish to have those

expenses insured. Different policies set different time periods for reporting claims. For example,

claims normally must be reported as soon as practicable within the policy period. Other policies offer a

limited grace period after the policy expiration for up to 30 or 60 days. In some instances this grace

period is only provided if coverage is discontinued. If coverage is continuous – the policy was renewed

with the same insurer or a new insurer – the claim will be made on the next policy assuming you have

backdated both the retroactive date and the continuity date to match the preceding policy. You should

consult the specific language of your policy to verify your reporting requirements. Your insurance

broker should also be able to offer assistance.

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CLAIMS-MADE POLICIES, CONTINUED

Failure to report a claim within the period set by the policy can seriously prejudice your rights under

the policy, including an outright coverage denial by the insurer.

DO YOU HAVE THE RIGHT TO REPORT A CIRCUMSTANCE THAT IS NOT YET A “CLAIM”?

Many policies now provide you with the ability to report a circumstance that could give rise to a claim

prior to receiving an actual claim. This provision enables you to report potential claims or

circumstances under the policy for protection in the event such circumstances eventually evolve into

claims.

We recommend reporting known circumstances anytime you are considering changing insurers so you

are less likely to have complications with a new insurer. It is also recommended to send notice of

potential circumstances prior to your policy expiration so you can preserve the limits of your next policy

for new and unknown claims.

WHAT IS A DUTY TO DEFEND POLICY?

A duty to defend policy allows the insured to tender the defense of a claim to the insurance company.

The insurance company will select counsel and control the defense of the claim. Typically a duty to

defend policy form obligates the insurance company to provide a defense if coverage is applicable to

any of the allegations in the claim.

A NON-DUTY TO DEFEND

A policy that allows the insured to select its own counsel and defense costs may be advanced or

reimbursed by the insurance company. If there are matters that the insurer deems uninsurable under

the terms of the policy, they will have the ability to allocate their reimbursement based upon covered

and uncovered loss on an ongoing basis.

WHAT IS A HAMMER CLAUSE?

The “hammer clause” is also called the consent to settle clause. Many insurers have a provision that

says that if the plaintiff offers to settle for a certain amount, the maximum the insurer will pay is that

offered amount plus expenses paid up to the date of the settlement offer. It is their way to encourage

the named insured to make a business decision to resolve the claim and move on to other business.

The insured can continue to fight the claim for whatever reason, but not with the insurer’s money.

Many carriers now offer “softened” consent to settlement provisions of 50/50, 75/25 or 80/20. Such

softened clauses allow the carrier to contribute to settlements and/or defense costs at the specified

percentage (i.e. 50/50 = 50% allocated to carrier, 50% at insured’s expense). Some carriers will

consider deleting the provision in its entirety.

SUMMARY

For a claims-made policy to cover an otherwise covered claim (per the definitions and exclusions in

your policy), the following conditions will apply:

1) The injury, damage or alleged wrongful act must occur after the retroactive date;

2) The claim for that injury, damage or wrongful act must be made against the insured during

the policy period; and

3) The claim must be reported to the insurer within the time specified.

It is advisable to report all claims and potential claims during the policy period to reduce coverage

limitations based upon missing the claims reporting deadline. The most common reason for denial of

coverage is late or improper reporting.

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COMPENSATION DISCLOSURE

The purpose of this disclosure is to explain to you how we are compensated for our work.

Compensation Disclosure – Commission Only Basis

For the placement and service of your insurance program, CBIZ will receive commission-based

compensation from selected insurance companies and/or wholesale intermediaries.

CBIZ Insurance Services has been and will continue to be committed to acting in our client’s best

interest by providing services and products that meet our clients’ needs as communicated to CBIZ.

From time to time, CBIZ may participate in agreements with one or more insurance companies or third

party vendors, in connection with the insurance related transactions, to receive additional

compensation or consideration. These compensation arrangements are provided to CBIZ as a result of

the performance and expertise by which products and services are provided to the client and may

result in enhancing CBIZ’s ability to access certain markets and services on behalf of CBIZ clients.

More information regarding these agreements and the consideration received pursuant to these

agreements is available upon written request.

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A.M. BEST COMPANY RATING INFORMATION

Each year the A.M. Best Company reviews the financial status of thousands of insurers, culminating

the assignment of Best’s ratings. These ratings reflect their current opinion of the relative financial

strength and operating performance of an insurance company in comparison to the norms of the

property/casualty insurance industry. Ratings are assigned after extensive analysis measuring the

performance of each company is such vital areas as: Competency of Underwriting, Control of

Expenses, Adequacy of Reserves, Soundness of Investments, and Capital Sufficiency.

Rating Guide:

A++, A+ (Superior) A & A- (Excellent) B++, B+ (Good)

B, B- (Fair) C++, C+ (Marginal) C, C- (Weak)

D (Poor) E (Under Regulatory Supervision) F (In Liquidation)

Financial Size Category: (In $000 of Reported Policyholders’ Surplus Conditional Reserve Funds)

I Less than 1,000 VIII 100,000 to 250,000

II 1,000 to 2,000 IX 250,000 to 500,000

III 2,000 to 5,000 X 500,000 to 750,000

IV 5,000 to 10,000 XI 750,000 to 1,000,000

V 10,000 to 25,000 XII 1,000,000 to 1,250,000

VI 25,000 to 50,000 XIII 1,250,000 to 1,500,000

VII 50,000 to 100,000 XIV 1,500,000 to 2,000,000

XV 2,000,000 or greater

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TERRORISM NOTICE

On January 12, 2015, the President signed into law the Terrorism Risk Insurance Program

Reauthorization Act of 2015.

This Act amends the Terrorism Risk Insurance Act of 2002 (TRIA) to extend the Terrorism Insurance

Program through December 31, 2020, with modifications.

Modifications include: a. A change in the federal share of payments beginning on January 1, 2016, for acts of

terrorism, to be reduced annually to 80% of insured losses.

b. Specifies the aggregate industry insured losses resulting from certified acts of terror will,

beginning calendar years 2015-2019, trigger the federal share of compensation under the

Program as: (1) $100 million for 2015; (2) $120 million for 2016; (3) $140 million for 2017;

(4) $160 million for 2018, (5) $180 million for 2019; and (6) $200 million for 2020 and

thereafter.

c. Revises requirements for mandatory recoupment from insurers and the formula used to

determine the insurance marketplace aggregate retention amount.

d. Redefines "an act of terrorism" as one that is certified as such by the Secretary of the

Treasury in consultation with the Secretary of Homeland Security (previously, in concurrence

with the Secretary of State).

We encourage you to visit GovTrack.us for a detailed summary of the reauthorization act.

https://www.govtrack.us/congress/bills/114/hr26#summary/libraryofcongress

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https://www.govtrack.us/congress/bills/114/hr26#summary/libraryofcongress


IMPORTANT ISSUES – PLEASE READ

The property and liability limits that we illustrate in this proposal are options only. We can provide

additional alternative limit options if you request. The selection of limits is solely your decision.

Our relationship with you is based on trust and we do our best to make no representation that would

mislead anyone about any aspect of the products or services we offer. We value your trust. Therefore, we

will continue to do all that we can to fully represent you in the insurance market place.

Loss Control

Loss control is a daily responsibility of your management. Our visits are not a substitute for your own loss

control program. Recommendations are developed from conditions observed at the time of our visit.

They do not include every possible loss potential, code violation, or exception to good practice.

Our inspections, reports and recommendations are provided to assist in your efforts to establish and

maintain a safe workplace and do not warrant workplace safety or compliance with applicable laws,

regulations or standards. Our observations and suggestions are not a substitute for legal advice. You are

encouraged to seek appropriate legal counsel when implementing a program or process to maintain a

comprehensive workplace safety program.

FEMA Flood Zone

If Flood coverage is included in this proposal it is based on information regarding the FEMA Flood zone

determination for your property that is currently available to the proposed insurance carrier. Such

determinations are subject to change at any time and CBIZ cannot be held responsible for any changes in

the flood zone determination reflected herein subsequent to the date of this proposal.

Consider buying flood and earthquake coverage. Neither flood loss nor earthquake loss are covered

under standard property policies. All of us have exposure to floods, sewer backup and earthquakes.

State Assessments and Surcharges

Your policy may be subject to state assessments and surcharges that may alter your base premium.

Although we routinely try to gather this information in the quotation process, it is not always available.

Claim Reporting Requirements

Changing market conditions have had an adverse effect on many carriers’ claim reporting terms and

conditions. Many policy forms now include verbiage that severely restricts or negates coverage should a

carrier not be immediately notified of a claim or potential claim. Refer to your policies for a more complete

explanation of your carrier’s reporting requirements.

Confidentiality

We will treat information you provide us in the course of our professional relationship as confidential and

will use it only in performing services for you. We may share this information with third parties as may be

required to provide services. We may also disclose this information to the extent required to comply with

applicable laws or regulations or the order of any court or tribunal. Records you provide us will remain

your property and will be returned to you upon request. You will treat any information we provide to you,

including data, recommendations, proposals or reports as confidential, and you will not disclose it to any

third parties. You may disclose this information to the extent required to comply with applicable laws or

regulations or the order of any court or tribunal. We retain the sole rights to all of our propriety computer

programs, systems, methods and procedures and to all files developed by us.

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IMPORTANT ISSUES, CONTINUED

Payment of Premiums

If your policies are billed by CBIZ and not directly from the insurance carrier, payment is due the later of

the effective date or 30 days after the invoice date.

Premium Financing

You may choose to use a premium finance company in connection with the insurance coverages we place

for you or the services we provide to you. Premium finance options are not always available. Where

permitted by law, we may receive a fee for the administrative services we provide those companies.

These services include processing the premium finance applications and marketing and sales support

they do not have.

Vacancy Restrictions

Most property insurance policies restrict coverage on buildings that have been vacant beyond a

specified period of time (usually 30 or 60 days). For example, a standard commercial property policy

does not cover losses arising from vandalism, sprinkler leakage (unless the system has been

protected from freezing), building glass breakage, theft, or attempted theft if the building where the

loss occurs has been vacant for more than 60 consecutive days before the loss. Recovery for other

insured losses is reduced by 15 percent under the same circumstances. It is also important to be

aware of the policy's definition of "vacancy." Under a standard commercial property policy, if the

insured is a building owner or general lessee, a building is considered vacant unless at least 31

percent of its total square footage is used by the building owner, a lessee, or a sub lessee to conduct

their customary operations. If the insured is a tenant, the vacancy provision applies only to the space

leased to the insured, and this space is considered vacant when it does not have enough contents for

the insured to carry on normal business operations.

Exposure Changes In evaluating your exposures to loss, we are dependent upon information provided by you. You

ultimately choose the values elected. If there are any areas that need to be evaluated prior to binding

coverage, or should any of your exposures change after coverage is bound, such as the beginning of

new operations, hiring employees in new states, buying additional property, autos, equipment, etc.,

please let us know so coverage can be discussed. While we will strive to place your insurance with

reputable, highly rated companies, we cannot guarantee the financial stability of an insurance

company.

In order to ensure that your important changes are properly communicated, the binding or altering of

coverage must be confirmed in writing by agency personnel.

The changes in exposure that have an impact on your insurance program include, but are not limited

to, those listed below: 1. Changes to any operation such as expansion to other state, new products, etc.

2. Mergers and/or acquisitions of new companies

3. Any assumed contractual liability, granting of indemnities, or hold harmless agreements

4. Circumstances which may require an increase in liability insurance limits

5. Any changes to fire or theft protection, such as installation or disconnection of sprinkler system,

burglar alarms, etc. This includes alterations to same.

6. Any changes to scheduled equipment such as contractors’ equipment, computer equipment, etc.

7. Property, of yours that is in transit, unless we have previously arranged for this insurance.

8. Any changes in existing premises including vacancy, whether temporary or permanent, alterations,

demolition, etc. Also, any new premises purchased, constructed, or occupied.

9. Any new exposures or plans for foreign travel or operations

Please notify us throughout the year of changes to your business that may affect your exposure to risk.

Failure to do so may result in uncovered losses.

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ORDER TO BIND

Please bind the coverage

As set forth in the quotes recommended by CBIZ Insurance Services, Inc.

Or

As follows:

(Insert complete instructions for binding including carrier, limits, options, etc)

City Of Independence

Signature:

Name:

Title:

Date:

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City of Independence Ohio

INSURANCE REVIEW - OPTIONS

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2

PROPERTY, AUTOMOBILE, CYBER & CRIME

AUGUST 20, 2020 - RENEWAL

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PREMIUM SUMMARYExpiringTravelers

Renewal Travelers

ProposedSelective

ProposedHudson

Property 36,092. 37,072. 44,620. 58,210.

Automobile 56,542. 64,569. 78,518. 105,363.

117 Autos 123 Autos

Cyber/Crime 7,170. 9,165. 11,834. 10,573.

Equipment 1,588. 1,838. 2,045. 2,500.

Totals 101,392. 112,644. 137,017. 176,646.

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ORDINANCE NO.: 2020-89 INTRODUCED BY: COUNCILPERSON WALCHANOWICZ, COUNCILPERSON

NARDUZZI, COUNCILPERSON TRAKAS

AN ORDINANCE AUTHORIZING THE RETENTION OF DIMIT ARCHITECTS, LLC FOR PROFESSIONAL ARCHITECTURAL AND PLANNING DESIGN SERVICES IN

CONNECTION WITH CENTRAL DOWNTOWN PARCELS LOCATED ON THE EAST AND WEST SIDE OF BRECKSVILLE ROAD OWNED BY THE CITY AND ST.

MICHAEL’S CHURCH* WHEREAS, in 2014 Dimit Architects, LLC was previously retained by the City for the planning and design work focused on the Square and Downtown areas of the City, including comprehensive upgrades to the northwest and southwest quadrants of the Brecksville Road/Selig Drive intersection, the development of a conceptual site plan for the City’s Downtown property on the west side of Brecksville Road and physical improvements to the Square; and

WHEREAS, the City would like to retain Dimit Architects, LLC to provide

additional professional design services, including design studies and master planning for central downtown parcels located on both the east and west side of Brecksville Road owned by the City and St. Michael’s Church; and

WHEREAS, architectural planning for this project includes multiple conceptual

layouts for higher and better use of the commercial plaza, Brecksville Road frontage areas, and adjacent park areas, as well as better circulation for St. Michael’s school, a potential gathering hall café for the church, more attractive street uses and landscaping, better circulation and parking options; exploring downtown housing and mixed-use options and prototypes to create a better walkable neighborhood at the center of the City (“Downtown Planning”); and

WHEREAS, Dimit Architects, LLC has assisted the City very well in the past and

is familiar with the City’s preferred design elements; and

WHEREAS, the Economic Development Director has requested and received a proposal from Dimit Architects, LLC, 14414 Detroit Avenue, Suite 306, Cleveland, Ohio 44107, to provide professional architectural and planning design services in connection with Downtown Planning for central downtown parcels located on both the east and west side of Brecksville Road owned by the City and St. Michael’s Church, in an amount not to exceed Thirty Thousand Dollars ($30,000.00), as set forth in the proposal from Dimit Architects, LLC, attached hereto; and

WHEREAS, the Economic Development Director recommends the City retain

Dimit Architects, LLC, 14414 Detroit Avenue, Suite 306, Cleveland, Ohio 44107, to

provide professional architectural and planning design services in connection with Downtown Planning for central downtown parcels located on both the east and west side of Brecksville Road owned by the City and St. Michael’s Church, in an amount not to exceed Thirty Thousand Dollars ($30,000.00), as set forth in the proposal from Dimit Architects, LLC, attached hereto; and

WHEREAS, the services to be provided by the foregoing company constitute a

specialized professional service; and thus, pursuant to Article IV, Section 2(c)(5) of the City Charter, no bidding is required. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Independence, State of Ohio, that: Section 1. The Council hereby approves the retention of Dimit Architects, LLC, 14414 Detroit Avenue, Suite 306, Cleveland, Ohio 44107, for professional architectural and planning design services in connection with Downtown Planning for central downtown parcels located on both the east and west side of Brecksville Road owned by the City and St. Michael’s Church, in an amount not to exceed Thirty Thousand Dollars ($30,000.00), as set forth in the proposal from Dimit Architects, LLC, attached hereto.

Section 2. The Mayor and Finance Director are hereby authorized to enter into an agreement, subject to the Law Director’s approval as to form, with Dimit Architects, 14414 Detroit Avenue, Suite 306, Cleveland, Ohio 44107, for professional architectural and planning design services in connection with Downtown Planning for central downtown parcels located on both the east and west side of Brecksville Road owned by the City and St. Michael’s Church, in an amount not to exceed Thirty Thousand Dollars ($30,000.00), as set forth in the proposal from Dimit Architects, LLC, attached hereto.


Section 4. This Ordinance provides for the usual and ordinary operation of the Economic Development Department. Wherefore, this Ordinance shall take effect and be in force at the earliest time allowed by law. Introduced: August 11, 2020 First Reading: August 11, 2020 Passed:

Gregory P. Kurtz, Mayor Attest: Debra J. Beal, Clerk of Council Attest:

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Accepted by: Proposed by:

________________________________ ________________________________ Mayor Gregory Kurtz Scott Dimit, Managing Principal Jessica Hyser, Economic Development Director Dimit Architects, LLC. City of Independence ________________________________ _________________________________ date date

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http://www.dimitarchitects.com/

ORDINANCE NO.: 2020-90 INTRODUCED BY: VICE MAYOR GRENDEL, MAYOR KURTZ

AN ORDINANCE GRANTING A U-3 SPECIAL CONDITIONAL USE PERMIT TO FORTUNA FUNERAL HOME, INC. AND GRANTING AN EASEMENT FOR

PROPERTY LOCATED AT 7064 BRECKSVILLE ROAD* WHEREAS, the Planning Commission received an application by Fortuna Funeral Home, Inc. (“Fortuna”) for a U-3 Special Conditional Use Permit for property located at 7064 Brecksville Road (PPN 563-06-012) (hereinafter the “Premises”); and WHEREAS, Fortuna desires to use the Premises for home offices and a burial arrangement display room; and WHEREAS, the City would like to grant an Easement to Fortuna for a private drive across City owned property, designated as “Florian Boulevard” but not publicly improved; and WHEREAS, after public hearing, the Planning Commission, based upon testimony and discussions during the meeting which shall constitute the Findings of Fact, recommends to Council that a U-3 Special Conditional Use Permit be granted to Fortuna to use the Premises for home offices and a burial arrangement display room, subject to:

(1) the City granting and executing a revocable Easement across Florian Boulevard for a private drive;

(2) approval by the City Architect of renovation to the structures on the Premises including, but not limited to, the (a) design and installation of a fence along the western boundary; (b) public access to the offices/display room from the west or south side of the building; and (c) the design and installation of accent lighting so as not to interfere with the surrounding residential properties; and

(3) approval by the City Planner of landscaping design for the Premises; and

WHEREAS, Council has reviewed the Findings of Fact and adopts them herein. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Independence, State of Ohio, that: Section 1. In consideration of the Findings of Fact, the Council hereby consents and grants a U-3 Special Conditional Use Permit (Special Use/Public Building)

to Fortuna, for the Premises, to use the Premises for home offices and a burial arrangement display room, subject to:

(1) the City granting and executing a revocable Easement across Florian Boulevard for a private drive;

(2) approval by the City Architect of renovation to the structures on the Premises including, but not limited to, the (a) design and installation of a fence along the western boundary; (b) public access to the offices/display room from the west or south side of the building; and (c) the design and installation of accent lighting so as not to interfere with the surrounding residential properties; and

(3) approval by the City Planner of landscaping design for the Premises;

This U-3 Special Conditional Use Permit (Special Use/Public Building) is non-transferable or assignable.

Section 2. The Mayor is hereby authorized to enter into a revocable Easement Agreement, subject to the Law Director’s approval as to form, with Fortuna over City property designated as “Florian Boulevard” for the specific purpose of allowing Fortuna to install a private driveway.


Section 4. Wherefore, this Ordinance provides for the usual and ordinary operation of the Economic Development Department. Wherefore, this Ordinance shall take and be in force at the earliest time allowed by law.

Introduced: August 11, 2020 First Reading: August 11, 2020 Passed: ________________ ________________________________ Gregory P. Kurtz, Mayor Attest:

Debra J. Beal, Clerk of Council Attest:

ORDINANCE NO.: 2020-91 INTRODUCED BY: MAYOR KURTZ, COUNCILPERSON VEVERKA, VICE

MAYOR GRENDEL, COUNCILPERSON SYNEK

2020 ANNUAL APPROPRIATIONS ORDINANCE*

WHEREAS, the Council hereby determines that certain sums are necessary for the current expenses and expenditures of the City during the time period from January 1, 2020, to and including December 31, 2020; and

WHEREAS, pursuant to Ohio Revised Code Section 5705.41, the Finance

Director certifies that both at the time the expenses and expenditures were made, and at the current time, sufficient funds were available to the credit of a proper fund to authorize payment of the expenses and expenditures;


Independence, State of Ohio, that: Section 1. The sums identified in the attached 2020 Appropriations Schedule,

attached hereto as Exhibit A, are hereby appropriated. Section 2. The Finance Director is hereby authorized to draw warrants for

payment from any of the foregoing appropriations upon receiving proper certificates and vouchers therefore approved by the Board of Officers authorized by law to approve the same, or any Ordinance or Resolution of Council to make the expenditures, provided that no warrants shall be drawn or paid for salaries or wages, except to persons employed by authority and in accordance with law or Ordinance. All actions taken by the Finance Director prior to the enactment of this Ordinance are hereby ratified.

Section 3. This Ordinance Provides for the usual and ordinary operation of the

Finance Department. Wherefore, this Ordinance shall take effect and be in force at the earliest time allowed by law. Introduced: August 11, 2020 First Reading: August 11, 2020 Passed: ______________ ________________________________ Gregory P. Kurtz, Mayor

Attest: ____________________________________ Debra J. Beal, Clerk of Council Attest:

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ORDINANCE NO.: 2020-92 INTRODUCED BY: COUNCILPERSON VEVERKA, VICE MAYOR GRENDEL,

COUNCILPERSON NARDUZZI

AN ORDINANCE ACCEPTING THE PROPOSAL OF EUTHENICS, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE HILLSIDE ROAD

SIDEWALK IMPROVEMENTS PROJECT (HAWTHORN TRACE TO S. GREAT OAKS PARKWAY)*

WHEREAS, earlier this year, surveying and base-mapping services were performed in connection with the Hillside Road Sidewalks Improvements Project (the “Project”); and

WHEREAS, in continuation with the Project, the City accepted the proposal of

Euthenics, Inc., 8235 Mohawk Drive, Strongsville, Ohio 44136, for professional engineering services, to (i) determine if the proposed sidewalks can fit along the north side of the right-of-way, (ii) locate a proposed corridor for the new 12-inch water main, and (iii) ensure the new water main will not conflict with, or have an impact on, the proposed sidewalks and storm drainage improvements to be constructed this year; and

WHEREAS, based on the findings of Euthenics, Inc., it was determined that the

sidewalk and storm sewer improvements can proceed along the north side of Hillside Road; and

WHEREAS, the proposed new water main replacement project (planned for the

near future) will be installed along the south side of Hillside Road; and WHEREAS, final professional engineering services are needed to complete the

engineering to develop detailed plans and bid documents for the Project; and WHEREAS, the City Engineer has requested and received a proposal from

Euthenics, Inc., 8235 Mohawk Drive, Strongsville, Ohio 44136, for professional engineering services, to complete the engineering to develop detailed plans and bid documents for the Project, in a total amount not to exceed Eighty-Four Thousand One Hundred Fifty-Four Dollars ($84,154.00), as set forth in the Memorandum from the City Engineer dated August 6, 2020, attached hereto; and

WHEREAS, the City Engineer has reviewed the proposal and recommends the City accept the proposal of Euthenics, Inc., 8235 Mohawk Drive, Strongsville, Ohio 44136, for professional engineering services, to complete the engineering to develop detailed plans and bid documents for the Project, in a total amount not to exceed Eighty-Four Thousand One Hundred Fifty-Four Dollars ($84,154.00), as set forth in the Memorandum from the City Engineer dated August 6, 2020, attached hereto; and

WHEREAS, the services to be provided by the foregoing company constitute a specialized professional service; and thus, pursuant to Article IV, Section 2(c)(5) of the City Charter, no bidding is required.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Independence, State of Ohio, that: Section 1. The Council hereby accepts the proposal of Euthenics, Inc., 8235 Mohawk Drive, Strongsville, Ohio 44136, for professional engineering services, to complete the engineering to develop detailed plans and bid documents for the Project, in a total amount not to exceed Eighty-Four Thousand One Hundred Fifty-Four Dollars ($84,154.00), as set forth in the Memorandum from the City Engineer dated August 6, 2020, attached hereto. Section 2. The Mayor and Finance Director, subject to the Law Director’s approval as to form, are hereby authorized to enter into an agreement with Euthenics, Inc., 8235 Mohawk Drive, Strongsville, Ohio 44136, for professional engineering services, to complete the engineering to develop detailed plans and bid documents for the Project, in a total amount not to exceed Eighty-Four Thousand One Hundred Fifty-Four Dollars ($84,154.00), as set forth in the Memorandum from the City Engineer dated August 6, 2020, attached hereto.

Section 3. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this legislation were adopted in an open meeting of this Council, and all deliberations of this Council, and any of its committees, that resulted in such formal action were in meetings open to the public, in compliance with all legal requirements, including Revised Code Section 121.22. Section 4. This Ordinance provides for the usual and ordinary operation of the Engineering Department. Wherefore, this Ordinance shall take effect and be in force at the earliest time allowed by law. Introduced: August 11, 2020 First Reading: August 11, 2020 Passed: ________________________________ Gregory P. Kurtz, Mayor Attest:

____________________________ Debra J. Beal, Clerk of Council Attest:

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1.

A. Construction Plans (Estimate 1500' of Proposed 6' Walk along the north side of Hillside Road)

1. Title Sheet 1 Sheet @ 12 MH = 12 MH

2. General Notes

(Roadway, Erosion Control, Drainage and Pavement)2 Sheets @ 12 MH = 24 MH

3.

1 Sheet @ 12 MH = 12 MH

4.

4 Sheets @ 24 MH = 96 MH

5. 31 Sections @ 3 MH = 93 MH

Update foreslopes from 4:1 to 5:1 31 Sections @ 0.1 MH = 4 MH

6.

1 Sheet @ 12 MH = 12 MH

1 Phase @ 32 MH = 32 MH

7.1 Sheet @ 8 MH = 8 MH

8. Drainage Calculations = 8 MH

= 8 MH

= 2 MH

9.

2 Sheets @ 12 MH = 24 MH

10. BMP Calculations & Water Quality Structure Notes = 24 MH

11.

11 Drives @ 4 MH = 44 MH

11 Drives @ 1 MH = 11 MH

12.

= 4 MH

1 Sheet @ 24 MH = 24 MH

Plan Specifications = 6 MH

Estimated Quantities = 4 MH

Cost Estimate (Preliminary & Final) = 4 MH

Coordination with resident for future drive location to set wall limits.

Plotting drive.= 4 MH

13.

= 14 MH

1 Sheet @ 32 MH = 32 MH

Reinforcing List = 10 MH

Estimated Quantities = 8 MH

Cost Estimate = 4 MH

14. Miscellaneous Details 2 Sheets @ 8 MH = 16 MH

15. Quantity Calculations = 16 MH

Redi-Rock Wall Design

Plan Detail Sheet

Drainage Details & Profiles

(Due to the changing of terrain we can envision trapping water behind the walk in certain

locations. Conveying water through a ditch to a yard drain may be needed. Also we will

need to reconfigure the 36" storm sewer outfall and ditch )

Drive Details & Profiles for 11 Drives Due

to the change in terrain we are going to be chasing some of the drives down and up the hill

to maintain an adequate drive slope.

Redi-Rock Retaining Wall

City of IndependenceHillside Road Sidewalk Improvement

UPDATED PROPOSAL NO. 2: COMPLETE CONSTRUCTION PLANS AND SPEC BOOK

DETAILED ESTIMATED MANHOUR BREAKDOWN - HILLSIDE ROAD SIDEWALK IMPROVEMENT

Update storm sewers at Sta. 27+41 per City's request.

Update drive profiles to account for 6' wide walk

Hillside Road Sidewalk Improvement

Full Height Headwall Design (36" Storm Sewer Outfall)

Headwall Wall Design

Plan Detail Sheet and Sections

Inlet Spacing Calculation for Non-Standard Inlet Grate (Initial Estimate based on utilizing

CDSS and/or nomographs)

Plan Development

Typical Sections

(Sidewalk Improvements with Curb and Pavement Work and Utility Section with Proposed

Watermain Corridor)

Plan and Profile (1"=20') For Sidewalk Improvements The

addition of roadway curb and walk along the north side of the pavement is going to create

impacts to trees, mailboxes, drives and roadway pavement. Storm and sanitary manholes

and cleanouts will need to be adjusted to grade. Water service boxes will need to be

adjusted to grade. Existing catch basins will need to be removed and replaced with curbed

inlets. The existing 36" storm outlet at Sta. 25+50, Lt. will need to be reconfigured and the

outlet ditch will need to be regraded.

Cross Sections (1"=5') @ 50' Interval for Earthwork and to show proposed grading

Maintenance of Traffic (MOT)

General Notes - Impacts to roadway and residential drives

MOT Plan Sheet ( 1"=50') -

Waterwork Notes & Details

(Adjust Water Service Boxes to Grade)

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City of IndependenceHillside Road Sidewalk Improvement

UPDATED PROPOSAL NO. 2: COMPLETE CONSTRUCTION PLANS AND SPEC BOOK

DETAILED ESTIMATED MANHOUR BREAKDOWN - HILLSIDE ROAD SIDEWALK IMPROVEMENT

Hillside Road Sidewalk Improvement

16. Prepare Exhibit for Public Meeting = 8 MH

17. Plan Distribution to Utility Companies = 6 MH

18. Work Agreement Exhibits and Easement Descriptions & Exhibits

Field Locate Property Pins (For the 3 properties with proposed easements) 1 Day @ 10 CH = 10 CH

Establish Ex. Property and Proposed Easement Lines in Right of Way Basemap 5 P/L's @ 1 MH = 5 MH

Develop Work Agreement Exhibits 11 Exhibits @ 4 MH = 44 MH

Write Proposed Retaining Wall & Drainage Easements Legal Descriptions 3 Descrip. @ 4 MH = 12 MH

Develop Proposed Retaining Wall & Drainage Easement Exhibits 3 Exhibits @ 4 MH = 12 MH

657 MH

2.

A. = 12 MH

12 MH

3.

A. = 40 MH

4.

A. = 16 MH

B. = 2 MH

C. = 12 MH

30 MH

739 MH

182 MH @ =

124 MH @ =

160 MH @ =

Junior Engineer 204 MH @ =

Junior Technician 6 MH @ =

Professional Surveyor 45 MH @ =

Survey Crew 10 MH @ =

8 MH @ =

65.00$ 390.00$

75.00$ 15,300.00$

Senior Technician 96.00$ 15,360.00$

Manhour Costs (Including Overhead and Profit)

Project Manager 135.00$ 24,570.00$

Senior Engineer

Clerical and Printing 55.00$ 440.00$

106.00$

120.00$

4,770.00$

1,200.00$

126.00$ 15,624.00$

Subtotal Item 1

DERIVATION OF PROPOSED FEE

Estimator Cost Estimate (Preliminary & Final)

Subtotal Item 2

Bid Book Including Detailed Specifications

Prepare Bid Book and Specifications

Supervision/Coordination/Printing

Supervision/Coordination

Meeting with the City (1 Person)

QA/QC Review

Subtotal Item 4

TOTAL: DETAILED ESTIMATED MANHOUR BREAKDOWN

TOTAL LUMP SUM FEE 84,154.00$

Prepare Cost Estimate

GEOTECHNNICAL ENGINEERING FEE (SEE SME FEE PROPOSAL IN EXHIBIT A) 6,500.00$

Subtotal: Manhour Costs (Including Overhead and Profit) 77,654.00$

FEE SUBTOTAL 77,654.00$

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EXHIBIT A

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SME Special Conditions for Drilling and Excavation (03/15) 1

SPECIAL CONDITIONS FOR DRILLING AND EXCAVATION

1. RIGHT TO SUBCONTRACT: SME reserves the right to subcontract for drilling, excavation of test pits, clearing and grubbing for site access, traffic control, and other instrumentation or services necessary to perform the services required by the Agreement.

2. RIGHTS OF ENTRY: CLIENT shall provide any necessary rights of entry for SME, including its agents, staff, contractors or

subcontractors, to access the site to perform all acts, studies, and research, including tests and evaluation, pursuant to the agreed services. CLIENT shall inform SME of any special requirements as a condition upon such rights of entry.

3. PERMITS AND LICENSES: CLIENT shall secure all required permits, except specific permits identified in Agreement as being

secured by SME. SME shall hold and maintain all necessary business and professional licenses, registrations, and accreditations necessary to perform its services.

4. UNDERGROUND UTILITIES AND STRUCTURES: SME will take reasonable precautions to avoid damage to subterranean

structures or utilities, including contacting the appropriate One-Call system for utility clearance. Unless otherwise identified in the Agreement, CLIENT is responsible for identifying all subterranean structures or utilities in the area of evaluation and sharing that information with SME prior to commencement of the field exploration. CLIENT agrees to furnish SME with all information identifying the type and location of utility lines and other man-made structures located beneath the surface of the site in the proposed work area. CLIENT will also locate all known private underground utilities at the site prior to SME performing the field exploration. CLIENT agrees to defend, indemnify and hold SME harmless from all claims, liability, and expense associated with alleged damage to subterranean utilities or structures, except if such damage was caused by SME’s sole negligence.

5. SITE PLANS AND SURVEYS: CLIENT will provide available project site plans and surveys, preferably in digital format (AutoCAD

compatible format), and provide topographical information, if available. The accuracy and proximity of survey control provided by CLIENT will affect the accuracy of test locations and elevation determinations. Unless otherwise noted, the accuracy of test locations and elevations will be commensurate only with pacing and approximate measurements or estimates.

6. TEST LOCATIONS: If unanticipated site conditions or site conditions not made known to SME prevent access to locations specified in

the Agreement, then SME may deviate a reasonable distance from proposed test locations. If CLIENT objects, then SME shall have the right to reasonable adjustment of its fees and time for performance.

7. FIELD SERVICES SCHEDULE: Field services will be performed Monday through Friday, except on holidays, and during normal business hours unless noted otherwise in the Agreement. Additional fees may be required for field services provided on weekends and holidays, or at times other than normal business hours.

8. RESTORATION: CLIENT recognizes that some damage to the site may occur in the normal course of our services. SME will exercise

reasonable care to mitigate damage from drilling or excavation equipment to lawn, landscape, pavement, or soft ground. Unless otherwise stated in the Agreement, our fee does not include time or expenses associated with the repair of wheel ruts, track marks, or other damage such as crop damage. Due to the potential applicability of environmental and transportation regulations, excess soil cuttings generated from drilling activities will not be removed from the site by SME. Unless otherwise noted in the Agreement, the boreholes will be backfilled with auger cuttings and/or bentonite, and excavations will be backfilled with excavated material. Asphalt coldpatch or quick-setting concrete will normally be used to repair existing pavement areas flush to the existing grade. Core holes in concrete floors and bridge decks will be filled with quick-setting concrete flush to the existing floor surface. Excess soil will be left on-site at the locations of the boreholes or excavations, placed in nearby greenway areas, or containerized as appropriate for site and environmental conditions.

9. VARIATIONS IN SUBSURFACE CONDITIONS AND INTERPRETATION OF SME DATA: CLIENT recognizes that subsurface conditions on the site may vary from those encountered at the locations where borings, surveys, or explorations are made by SME and that the data, interpretations and recommendations of SME are based solely on the information available to SME. SME will not be responsible for the data generated by others or interpretations and recommendations by others based upon the data and information developed or provided by SME.

10. SURFACE MATERIALS: Unless otherwise noted in the Agreement, SME will obtain approximate thickness measurements of surficial

materials, such as pavements, aggregate base, and topsoil, at the time of the exploration. These measurements are considered approximate since some mixing of surficial materials and the underlying subgrade can occur. Additional evaluation methods and additional fees would be required to obtain more precise measurement of surface materials.

11. TRAFFIC CONTROL: Unless otherwise noted in the Agreement, SME will be responsible for supplying such signs, barricades and

traffic control personnel as may be needed for safe drilling or excavation operations.

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SME Special Conditions for Drilling and Excavation (03/15) 2

12. SAMPLE DISPOSAL:

a. Unless otherwise requested in writing by CLIENT, SME will dispose of soil samples submitted to SME's laboratories 60 days after the samples are obtained. Unless otherwise requested in writing by CLIENT, samples submitted to subcontract laboratories will be disposed by those laboratories in accordance with their sample retention policies. CLIENT agrees that it will not hold SME responsible or liable for any loss of test specimens or samples, and CLIENT agrees to pay costs associated with the storage of samples beyond the normal storage times described herein.

b. In the event residual sampled materials in SME’s possession are determined to be RCRA hazardous wastes, contain PCBs above Type II

landfill disposal limits, or are otherwise subject to state or federal disposal restrictions, we will, after completion of testing and at CLIENT's expense, and using a manifest signed by CLIENT as generator, have such samples transported to a location selected by CLIENT for final disposal (see Disposal of Hazardous and Other Regulated Wastes). CLIENT agrees to pay all costs associated with the storage, transport, and disposal of such samples. CLIENT recognizes and agrees that we are acting as a bailee and at no time assume title to said waste.

13. ENVIRONMENTAL RISKS:

a. CLIENT shall inform SME of any known environmental site conditions that could affect the health and safety of our field personnel or that could affect SME’s performance of its services. For projects other than environmental assessments, SME will report only for informational purposes, unusual odors and/or colorations of the soil observed during field activities.

b. Unanticipated hazardous substances, subsurface contaminants, and/or biological pollutants (HAZMAT) or levels of HAZMAT may exist at

the project site. The discovery of unanticipated HAZMAT may constitute a changed condition mandating renegotiation of the scope and fees and make it necessary for SME to take immediate measures to protect human health and safety, and/or the environment. SME agrees to notify CLIENT as soon as practicable if unanticipated HAZMAT is encountered. CLIENT authorizes SME to take measures that, in SME's sole professional opinion, are justified to preserve and protect the health and safety of SME's personnel and the public, and/or environment, and CLIENT agrees to compensate SME for the additional cost of such work. SME does not assume control of or responsibility for reporting to any federal, state, or local public agencies, any conditions at the site that may present a potential danger to health, safety, or the environment.

c. There is a risk that drilling and sampling may result in contamination of certain subsurface areas, such as when a boring device moves

through a contaminated area and connects it to an aquifer not previously contaminated. SME will exercise reasonable care and caution to prevent such occurrences; however, because such drilling and sampling is a necessary aspect of the services that SME will provide for CLIENT’s benefit, CLIENT agrees that SME shall not be held liable for exacerbation of HAZMAT caused in this manner.

d. CLIENT recognizes that discovery of HAZMAT on the site may result in a significant reduction of the property's value, and SME cannot be

held responsible for such devaluation. e. It is possible this assessment may fail to reveal the presence of contaminants, hazardous materials, or other types of environmental

contamination collectively referred to as “contaminants” at sites where contaminants are assumed, expected, or subsequently determined to exist. CLIENT understands that SME's failure to discover contaminants does not guarantee that contaminants do not exist at the site. Similarly, a site which in fact is unaffected by contaminants at the time of SME's study, may later, due to natural phenomena or human intervention, become contaminated. CLIENT agrees that it would be unfair to hold SME liable for failing to discover contaminants whose exact location is impossible to foretell, or for failing to discover contaminants, which, in fact, did not exist at specific sampling locations at the time such samples were taken. Accordingly, CLIENT waives any claim against SME, and agrees to defend, indemnify and save SME harmless from any claims or liability for injury or loss arising from SME's failure to detect the presence of contaminants through techniques commonly employed for the purpose.

f. CLIENT agrees to defend, hold harmless and indemnify SME from and against any and all claims and liabilities resulting from

encountering unexpected HAZMAT, including compensation for any time spent and expenses incurred by SME.

14. DISPOSAL OF HAZARDOUS AND OTHER REGULATED WASTES: CLIENT agrees to select treatment/disposal facilities, pay for transportation and disposal, and sign, or have OWNER sign all waste profile forms, land disposal certifications, transportation manifests, and any other documentation required for transportation and disposal of hazardous wastes, PCB wastes, or other regulated wastes. Under no circumstance will SME select a disposal /treatment facility, arrange for transportation or disposal of regulated wastes, or otherwise act as agent for the generator of the wastes. CLIENT agrees to the maximum extent permitted by law to defend, hold harmless and indemnify SME from and against any and all claims and liabilities resulting from violation of any federal, state or local statute, regulation or ordinance relating to the disposal of hazardous wastes, substances or constituents or allegations that SME generated, transported, stored, treated or disposed of wastes or other contaminated materials, or arranged for the transportation, treatment, storage, or disposal of wastes or other contaminated materials, subject to federal, state, or local regulation or law.

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© 2015 SMESME General Conditions – Commercial (03/15)1

SME GENERAL CONDITIONS

1. DEFINITIONS: In this Agreement, the party agreeing to have the services performed is the “CLIENT.” The CLIENT’s CLIENT shall be referred

to as the “OWNER.” Unless expressly stated otherwise, SME, its employees, agents, subconsultants and subcontractors, are collectively referred toas “SME.” The “services” to be provided under this Agreement are defined in SME’s Proposal and subsequent written amendments, change orders,or otherwise-authorized additional services.

2. INVOICING AND PAYMENT: SME will submit invoices to CLIENT monthly and a final bill upon completion of services. Payment is due

upon presentation of invoice to the CLIENT and is past due 30 days from date of the invoice. CLIENT agrees to pay a service charge of 1-1/2% permonth, or the maximum rate allowed by law, whichever is greater, on past due accounts.

3. INSTRUMENTS OF SERVICE: All reports, field data, field notes, laboratory test data, calculations, estimates, and other documents

prepared by SME in connection with this Project shall be considered instruments of service, and shall remain the property of SME. SME grantsCLIENT and OWNER a limited license to use such instruments of service for the purpose of designing, constructing, maintaining or repairing workthat is part of this Project. Any reuse of SME’s instruments of service for any purpose other than the limited license granted herein is prohibited andSME shall have no responsibility to CLIENT, OWNER or third parties for unauthorized use of its instruments of services.

4. RECORDS RETENTION: SME will retain pertinent records relating to the services performed for CLIENT for a period of time consistent with

SME’s File Management Plan, a copy of which will be provided to CLIENT upon request. During that period, the records will be made available to theCLIENT at reasonable times. At the end of the retention period indicated in SME’s File Management Plan, SME may, in its sole discretion, disposeof all such records.

5. SME MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH REGARDS TO ITS SERVICES.

6. TERMINATION: Either party may terminate this Agreement upon at least 7 days written notice in the event of substantial failure by the other

party to perform in accordance with the terms hereof. Such termination will not be effective if that substantial failure is remedied before expiration ofthe period specified in the written notice. This Agreement shall also be automatically terminated upon a suspension of the Project for more than 3months. In the event of termination, CLIENT will pay SME for services performed to the termination notice date plus reasonable terminationexpenses. In the event of termination, or suspension, prior to completion of all reports contemplated by this Agreement, SME may complete suchanalyses and records as are necessary to complete the files and may also complete a report on the services performed to the date of notice oftermination or suspension. The expenses of termination or suspension include all direct costs of completing such analyses, records, and reports.

7. DISPUTES: If any dispute arising out of or relating to this Agreement, or its breach, is not settled through direct discussions, the parties agree

that as a condition precedent to litigation or arbitration, they will endeavor for 30 days following written notice by one party to the other of a dispute orbreach, to settle the dispute by mediation with the assistance of a neutral mediator. In any litigation or arbitration, if applicable, the parties agree thatthe prevailing party is entitled to recover all reasonable costs incurred in defense or prosecution of the claim, including its staff time, court costs,attorney’s fees, and other claim-related expenses. Notwithstanding, SME has no obligation to mediate with CLIENT prior to litigation when collectingfees owed by CLIENT.

8. AUTHORIZATION: By signing these General Conditions, CLIENT agrees to accept the proposal, including these General Conditions and any

Special Conditions, as the Agreement governing SME’s services and the relationship between the parties. If CLIENT gives SME other-than-writtenauthorization to proceed with services after receiving SME’s written proposal, CLIENT accepts the proposal, these General Conditions, and anySpecial Conditions, as the Agreement governing SME’s services, and the Agreement is effective, except for those provisions that CLIENT objects toin writing within 7 days following the other-than-written authorization.

9. SAFETY: SME will be responsible only for the safety of SME employees. Unless otherwise explicitly described in our scope of services, the

scope of services does not include job or site safety for, or supervision or direction of, the work of others. The presence of SME on the job siteshould not be construed to in any way relieve the CLIENT, other contractors, or other parties on the site of the obligation and responsibilities for theirpersonal safety and the safety of their employees, consultants, and subcontractors.

10. INSURANCE: SME and its staff are protected by worker’s compensation insurance and SME has coverage under General Liability and

Professional Liability insurance policies. SME will provide CLIENT with evidence of such policies upon written request. SME is not responsible forany loss, damage or liability arising from acts of CLIENT, its agents, staff, and other consultants employed by CLIENT.

11. INDEMNIFICATION: To the fullest extent permitted by law, CLIENT shall hold harmless, defend, and indemnify SME from and against all

claims, damages, losses and expense, including reasonable attorney fees, arising out of the performance of SME’s services or the materials ofothers in connection with the Project regardless of whether or not such claim, damage, loss or expense is caused in part by SME; provided however,that this obligation shall not apply to claims, damage, loss or expense caused solely by negligence of SME.

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© 2015 SMESME General Conditions – Commercial (03/15)2

12. GOVERNING LAW: The parties agree that this Agreement shall be governed in all respects by the laws of the State of Michigan.

13. LIMITATION OF LIABILITY: In consideration for SME’s undertaking to perform services at the rates set forth on the Fee Schedule

attached to SME’s proposal or the lump sum fee provided, CLIENT agrees to limit all potential liability of SME to CLIENT, its employees, agents,successors and assigns, for any and all claims, losses, breaches, damages or expenses arising from, or relating to SME’s performance of serviceson this Project, such that SME’s total aggregate liability to CLIENT, its employees, agents, successors and assigns shall not exceed $50,000 orSME’s total fee for the services rendered on the Project, whichever is greater. The CLIENT understands that it may negotiate a higher limit of liabilityin exchange for an appropriate increase in SME’s fee.

a) CLIENT further agrees that it will require all of its contractors and consultants on this project and their respective subcontractors andsubconsultants, be bound by an identical limitation of SME’s aggregate liability in their agreements for work on this Project.

b) CLIENT further agrees that it will require all of its contractors and subcontractors defend and indemnify CLIENT and SME from any and all lossor damage, including bodily injury or death, arising from contractor or subcontractors performance of work on this Project, regardless of whetheror not such claim, damage, loss or expense is caused in part by SME provided however, that this obligation shall not apply to claims, damage,loss or expense caused by the sole negligence or fault of SME.

14. PERIOD OF LIMITATION: Notwithstanding any period of limitations that might otherwise apply, the parties agree that no action, claim or

proceeding of any kind, whether in tort, contract or equity arising out of SME’s services may be brought against SME more than two years after thefirst to occur of the following events: (i) the date of CLIENT’s acceptance, use or occupancy of the Project that is the subject of this engagement, or(ii) the date of SME’s last service in connection with this Project.

15. ADDITIONAL SERVICES: If SME provides services at the request of CLIENT, in addition to those described in the scope of work contained

in SME’s proposal, CLIENT agrees that these general conditions including any Special Conditions shall apply to all such additional services.

16. AGREEMENT: This Agreement includes SME’s Proposal, these General Conditions, and any other Special Conditions, Fee Schedules, or other

documents provided with SME’s Proposal. This Agreement constitutes the entire contractual relationship between the parties and cannot be changedexcept by a written instrument signed by both parties. All preprinted Terms and Conditions on CLIENT’s Purchase Order(s) or acknowledgementforms are inapplicable to this Agreement. In the event any provision of this Agreement is held invalid or unenforceable, the other provisions willremain in full force and effect, and binding upon the parties. All the terms of this Agreement, including provisions relating to limitation and allocationof liability, shall survive the completion and/or termination of this Agreement. This Agreement cannot be assigned by either party without the writtenconsent of the other party.

Please complete and return the signed General Conditions to SME to indicate acceptance of this proposal and to initiate work on the referenced project.The CLIENT’s signature or direction to proceed also indicates that he/she has read or has had the opportunity to read the General Conditions and agreesto be bound by such General Conditions.

SME PROPOSAL

Proposal No.:

Project Name:

Project Location:

CLIENT PROPOSAL AND AGREEMENT ACCEPTANCE(Please Print or Type)

CLIENT Signature: Date:

Printed Name:

Title:

CLIENT (Company) Name:

Address:

Telephone No.: Email:

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Documents

Agenda - Tuesday, August 11, 2020