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RESOLUTION NO. 26-28 INTRODUCED BY: Mrs. Fenderbosch A RESOLUTION AUTHORIZING THE CITY OF AVON LAKE TO PARTICIPATE IN THE OHIO DEPARTMENT OF TRANSPORATION ROAD SALT CONTRACT TO BE AWARDED IN 2026 AND DECLARING AN EMERGENCY. WHEREAS, the City of Avon Lake (hereinafter referred to as the “Political Subdivision”) hereby submits this written agreement to participate in the Ohio Department of Transportation’s (ODOT) annual road salt bid in accordance with Ohio Revised Code 5513.01(B) and hereby agrees to all the following terms and conditions in its participation of the ODOT road salt contract: a. The Political Subdivision hereby agrees to be bound by all terms and conditions established by ODOT in the road salt contract and acknowledges that upon the award of the contract by the Director of ODOT, it shall be bound by all such terms and conditions included in the contract; and b. The Political Subdivision hereby acknowledges that upon the Director of ODOT’s signing of the road salt contract, it shall effectively form a contract between the awarded salt supplier and the Political Subdivision; and c. The Political Subdivision agrees to be solely responsible for resolving all claims or disputes arising out of its participation in the ODOT road salt contract and agrees that each party hereto shall be responsible for liability associated with that party’s own errors, actions, and failures to act; and d. The Political Subdivision’s electronic order for Sodium Chloride (Road Salt) will be in the amount the Political Subdivision agrees to purchase from its awarded salt supplier at the delivered bid price per ton awarded by the Director of ODOT; and e. The Political Subdivision hereby agrees to purchase a minimum of 85% of its electronically submitted salt quantities from its awarded salt supplier during the contract’s effective period; and f. The Political Subdivision hereby agrees to place orders with and directly pay the awarded salt supplier on a net 30 basis for all road salt it receives pursuant to the ODOT salt contract; and g. The Political Subdivision acknowledges that should it wish to rescind this participation agreement it will do so by written, emailed request by no later than Friday, May 1, 2025, by 5 p.m. The written, emailed request to rescind this participation agreement, must be received by the ODOT Office of Contract Sales, Purchasing Section email: Contracts.Purchasing@dot.ohio.gov by the RESOLUTION NO. 26-28 Page | 2 deadline. The Department, upon receipt, will respond that it has received the request and that it has effectively removed the Political Subdivision’s participation request. Furthermore, it is the sole responsibility of the Political Subdivision to ensure that ODOT has received this participation agreement as well as the receipt of any request to rescind this participation agreement. The Department shall not be held responsible or liable for failure to receive a Political Subdivision’s participation agreement and/or a Political Subdivision’s request to rescind its participation agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF AVON LAKE, STATE OF OHIO: Section No. 1: That the Political Subdivision authorizes the Mayor to enter into a participation agreement for the Ohio Department of Transportation (ODOT) road salt contract. Section No. 2: That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Resolution were taken in an open meeting of this Council, and that all deliberations of this Council and any of its committees, which resulted in such formal actions, were in meetings open to the public in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code. Section No. 3: That this Resolution is hereby declared to be an emergency, the emergency being the need for the public peace, health, and safety of the City. Therefore, this Resolution shall be in full force and effect from and after its passage and approval by the Mayor. ADOPTED: 03/09/2026 ____________________________ President of Council POSTED: 03/13/2026 Approved: 03/10/2026 ATTEST: _________________________ ____________________________ Clerk of Council Mayor