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CITY OF BROOKLYN, OHIO | RESOLUTION NO. 2025 — 4 INTRODUCED BY: Mayor Van Kirk, Gey |e, Colcherts Mosler, Borowski, nck, Crodok, Pree AUTHORIZING A COMMUNITY COST-SHARING AGREEMENT WITH NORTHEAST OHIO REGIONAL SEWER DISTRICT FOR A SALT DOME PROJECT Whereas, the Northeast Ohio Regional Sewer District supports the Community Cost- Share Salt Dome Project as part of a Community Cost-Share project for the City of Brooklyn; and Whereas, the Community Cost-Share funds are used for construction, operation, and maintenance of the Local Stormwater System, including administrative costs directly associated with such projects as well as costs related to repair or upgrade. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BROOKLYN, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. That the Mayor is hereby authorized to enter into a Community Cost- Share Agreement with the Northeast Ohio Regional Sewer District for the purchase of a Salt Dome, providing for reimbursable funds in the amount of $639,000 (as attached hereto). SECTION 2. That the money needed to complete aforesaid transaction shall be paid from funds that are presently appropriated or to be appropriated and available for such purpose. SECTION 3. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Resolution were adopted in an open meeting of this Council, and that all deliberations of the Brooklyn City Council and any of its committees and/or boards 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 4. That this Resolution is hereby declared to be an emergency measure dealing with the health, safety and welfare of the City, and for the further reason that it deals with the daily operation of municipal departments; and provided it receives the affirmative vote of two-thirds (2/3) of all members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law. ADOPTED: 2] 24] as ATTESTED: APPROVED: Veg Xp Borah ZAZ_eEm Te ae darth MAYOR — Approved.as to legal form « Law Director PRESIDENT OF COUNCIL dae Filed with the Mayor: | as| a> EXHIBIT A NORTHEAST OHIO REGIONAL SEWER DISTRICT RESOLUTION NO. 114-13 Authorizing the Executive Director to enter into Regional Stormwater Management Program Community Cost-Share Program Agreements with Member Communities. WHEREAS, the Code of Regulations of the Northeast Ohio Regional Sewer District, Title V — Stormwater Management Code Chapter 9 outlines the Community Cost-Share Program developed to provide funds to District Member Communities for construction, operation and maintenance activities of community-specific stormwater management projects; and WHEREAS, under the Community Cost-Share Program, 25% of the annual collected stormwater revenue from each Member Community will be held by the District in a Community Cost-Share account, whereby Communities, with review and approval by the District, through specific applications outlining the community- specific stormwater work to be performed can access reimbursement of their funds; and WHEREAS, the District is seeking authority to enter into Regional Stormwater Management Program Community Cost-Share Program Agreements with Member Communities for the purpose of detailing and memorializing responsibilities of the District and Member Communities under specific applications to the Community Cost-Share Program; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE NORTHEAST OHIO REGIONAL SEWER DISTRICT: Section 1. That this Board finds that for the reasons stated in the preamble hereof it is in the best interests of the District to enter into Regional Stormwater Management Program Cost-Share Program Agreements with Member Communities to memorialize responsibilities of the District and Member Communities under specific applications to the Community Cost-Share Program. Section 2. That this Board hereby authorizes the Executive Director to enter into Regional Stormwater Management Program Cost-Share Agreements with Member Communities to memorialize responsibilities of the District and Member Communities under specific applications to the Community Cost-Share Program under such terms and conditions that are satisfactory to the Director of Law and in the best interests of the District. Section 3. That this Board authorizes the Executive Director to execute all documents and do all things necessary to effect the terms and conditions of the Stormwater Management Program Direct Billing Agreements with Member Communities. Section 4. That this Board declares that all formal actions of the Board concerning and relating to the adoption of this resolution and that all deliberations of the Board and any of its committees that resulted in said formal action were conducted in meetings open to the public and in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code. On motion of Mayor Starr seconded by Mr. O'Malley, the foregoing resolution was unanimously adopted on May 16, 2013. Sheila J. Kelly, oo : Board of Trustees Northeast Ohio Regional Sewer District EXHIBIT B (Insert Member Community Ordinance/Resolution) EXHIBIT C NORTHEAST OHIO REGIONAL SEWER OISTRICT \V REGIONAL a STORMWATER MANAGEMENT PROGRAM Community Cost-Share Program Application Community Cost-Share Program Member Community Information Community: Primary Project Contact: (Name & Title) Mailing Address: Phone Number: Email: Project Information Project Title: Address or Location of Project: Project Start Date: Project End Date: Community Cost-Share Fund Request: Submission Date: Rev 5/2016 APPLICATION City of Brooklyn Michael E. Henry City Engineer 22999 Forbes Road, Suite B Cleveland, Ohio 44146-5667 440-439-1999 henry@cvelimited.com Salt Dome 9400 Memphis Ave, Brooklyn, OH 44144 06/01/2024 12/31/2025 $639,000 5/16/2024 NORTHEAST OHIO REGIONAL SEWER DISTRICT § " REGIONAL ; _ Ms B STORMWATER Community Cost-Share Program j MANAGEMENT | Application PROGRAM Project Narrative 1) Project Summary (1,000 word maximum) Describe the Project and include the following information, as applicable: e Describe the Project and deliverables; provide a map if applicable e Submit a deliverable worksheet listing tasks and deliverables with start dates and end dates for the significant benchmarks. e List permitting requirements necessary to initiate and complete project and how the requirements will be met. The City of Brooklyn's current salt dome located at the service garage at 9400 Memphis Avenue. The salt dome is several decades old and has no work vents, several holes in the roof that allows large amount of water from entering the salt storage area. The salt domes sits low and has poor drainage. The overland drainage flows into the structure and causes water to enter the salt area and then flow out and around the dome discharging into the adjacent grass areas. This project will improve the salt dome and service garage drainage by replacing the existing structure, and regrading the area around the dome to properly drain water away from the salt dome. The City Engineer will survey the proposed site, see attached location map as Exhibit A, to locate any storm drains to ensure that there will be no surface flow to any surrounding storm drains. The City will also locate all the property lines and any other site constraints to ensure that the Salt Dome is constructed in the best possible location. The City will advertise the project, and hire the lowest and best bid this year. The City Engineer will be responsible for construction oversight and administer the project for the City of Brooklyn . See attached map for project location as Exhibit A. Deliverables: Task Start Date End Date Responsible Party Cost Designs, survey, permitting 06/2024 07/2024 City Engineer $48,000 and bidding Select Contractor, Award 08/2024 08/2024 City Engineer $1,000 contract Construct Salt Dome & 10/2024 11/2024 Contractor $590,000 contract administrator City Engineer Submit Reimbursement 11/2024 11/2024 City Engineer $639,000 and close out project Rev 5/2016 NORTHEAST OHIO REGIONAL SEWER DISTRICT ’ REGIONAL. j - |. ae Community Cost-Share Program MANAGEMENT Application PROGRAM 2) Ability to Provide Long Term Maintenance (500 word maximum) Describe the plans for long-term maintenance, addressing the following question: e Who is responsible to provide on-going maintenance for the project and how will maintenance be ensured? e Provide documentation of scheduled maintenance and operation for completed stormwater project(s). The City and its employees will be in charge of the long term maintenance of the Salt Dome. The City will work with its staff to provide training on the long term and short term maintenance. The contractor who installs the Salt Dome will communicate any needed long term maintenance needs to the service director. Rev 5/2016 NORTHEAST OHIO REGIONAL SEWER DISTRICT | vA SORNWATER Community Cost-Share Program MANAGEMENT Application PROGRAM 3) Visibility and Public Outreach: (500 word maximum) Public outreach is required if appropriate for your project. e What audiences will be exposed to this Project (neighbors, students, community groups, general public)? The City has multiple residents and other community members coming to the Service Garage and Salt Dome several times a week, and this project will improve the drainage currently impacting the property and visitors, along with providing a larger area to hold salt for the growing City. Rev 5/2016 NORTHEAST OHIO REGIONAL SEWER DISTRICT ’ REGIONAL ; - BNO ecauwarer Community Cost-Share Program wy ' MANAGEMENT Application PROGRAM 4) Budget Summary (500 words maximum) The Budget Summary and Project Budget (see page 3) represent the Community Cost-Share Project components exclusively. Include details on the provider of all services such as design, engineering, construction management and materials including specific material cost, equipment, and hourly rate. If an engineer’s estimate is included with the application, indicate which line items are included in the Community Cost-Share Project application. The City Engineer will be in charge of managing the project from start to finish and will oversee the budget and construction aspects of this project. The site plan and salt dome will be designed by the City Engineer. The labor, materials, and equipment will be contracted to the preferred bidder. The City will require bonding by the contractor. Rev 5/2016 NORTHEAST OHIO REGIONAL SEWER DISTRICT (ay REGIONAL j : MA. STORMWATER | Community Cost-Share Program | MANAGEMENT } Application PROGRAM Vendor Registration Prior to submission, ensure that the Member Community is a registered vendor with the District. Vendor Registration can be done by accessing http://www.neorsd.org/isupplier homepage.php and completing the New Vendor Registration. If unsure of the Member Community vendor status, by initiating the New Vendor Registration a message of active registration will appear if currently registered as a vendor. Project Budget Community Cost- Project Expenses Share Expense Line Item Description $49,000 City Engineer, design, survey, project management Professional Services Personnel (Member Community staff only) a Construction of salt dome, lighting, removal, grading oo Subcontract Equipment Materials Other $ 639,000 Rev 5/2016 COMMUNITY COST-SHARE AGREEMENT BY AND BETWEEN THE NORTHEAST OHIO REGIONAL SEWER DISTRICT AND CITY OF BROOKLYN This Agreement is made and entered into this day of __, 2025, by and between the Northeast Ohio Regional Sewer District (District) acting pursuant to Resolution No. 114-13, adopted by the Board of Trustees of the District on May 16, 2013 (Exhibit “A”), and City of Brooklyn (City) acting pursuant to Ordinance/Resolution No. 2°75 -y ; adoptedon fe), ay, 20 ZS (Exhibit “B”). Recitals WHEREAS, the District, as a component of implementing a regional stormwater management program, manages a financial account termed the “Community Cost-Share Account” that is for the aggregation and dissemination of funds derived from revenues collected from the Stormwater Fee; and WHEREAS, the purpose of the Community Cost-Share Account is to provide funding to assist the City with District-approved projects through the Community Cost-Share Program; and WHEREAS, the Community Cost-Share Program funds are used for construction, operation, and maintenance of the Local Stormwater System or Regional Stormwater System, including administrative costs directly associated with such projects as well as costs related to repair or upgrade; and WHEREAS, the District supports the Community Cost-Share Salt Dome project (the “Project”) as a Community Cost-Share project proposed by the City; and NOW THEREFORE, in consideration of the foregoing, the payment and the mutual promises contained in this Agreement, the parties agree as follows: Article 1.0 City Obligations 1.1 The City agrees to perform as follows: 1.1.1 Complete work as detailed in the District approved Community Cost-Share application. (Exhibit “C”) 1.1.2 Complete and submit Progress Reports when submitting Request for Payment as needed, or within 30 days of close of the Project, in accordance with the Community Cost-Share Program Policy. 1.1.3. Notify the City’s Watershed Team Leader at least 7 business days prior to the start of the Project. 1 1.2 1.1.10 1.1.11 Meet with District staff when requested to review the Project status. Obtain all necessary legal agreements with affected property owners to perform the Project and to bind any successor in title to maintain compliance as specified in this Agreement between the District and City for the Project. Comply with all applicable local, state and federal requirements. This may include, but is not limited to, U.S. Army Corp of Engineers Section 404, Ohio EPA Section 401 water quality certification, and Ohio Department of Natural Resources Dam Safety Laws. If the City fails to maintain the Project in accordance with this Agreement, the City shall be liable for the full amount of any Community Cost-Share Program funds paid for the Project. Such amount shall be offset against the City Community Cost- Share Account. Submit requests for approval to modify the budget, deadline, deliverables, or other components of the Project to the City’s Watershed Team Leader at least 30 business days prior to the desired date of execution of the modification. Acknowledge the District on any public advertisement or outreach efforts including all publications and signage related to the Project which shall include the following disclaimer: This project was funded in part or totally through the Northeast Ohio Regional Sewer District (NEORSD) Community Cost-Share Program in coordination with City, under the provisions of the NEORSD Regional Stormwater Management Program. The contents and views, including any opinions, findings, or conclusions or recommendations, contained in this publication are those of the authors and have not been subject to NEORSD review and may not necessarily reflect the views of NEORSD, and no official endorsement should be inferred. Provide the District the opportunity to have design approval for any signage or public education and outreach efforts related to the Project. Permit the District to photograph the Project and to incorporate the Project into the District’s overall public education and outreach efforts for stormwater management. Failure to meet any of the requirements listed in Article 1.1 may result in termination of this Agreement and reimbursement of disbursed funds to the District. Article 2.0 District’s Obligations 2.1 The District agrees to perform as follows: 2.1.1 Allocate $639,000.00 to the City for the Project from the City’s Community Cost- Share Account. 2.1.2 Provide reimbursement of funds up to $639,000.00 to the City within 60 days of receipt of a complete Request for Payment from the City, detailing costs related to the Project. 2.1.3 Timely review and approval or disapproval of requests to modify the budget, deadline, deliverables, or other components of the Project. 2.1.4 Acknowledge the City in presentations or publications related to the Project. 2.2 The District is not liable for any and all claims, damages, losses, liens, causes of action, suits, judgments and expenses of any nature, kind or description, that result from and to the extents caused by the acts or omissions of the City, the design professional, and the contractor, including all of their officers, owners, principals, subcontractors, employees, and agents. The District is not responsible for the accuracy, correctness and reliability of the plans as it is not reviewing or approving any plans as to suitability of the design/fitness for a particular purpose. Article 3.0 Dispute Resolution 3.1 The Parties shall continue the performance of their obligations under this Agreement notwithstanding the existence of a dispute. 3.2 The Parties shall first try to resolve the dispute at the level of the designated representatives as follows: District Representative City Representative Watershed Team Leader Service Director If the Parties are unable to resolve the dispute at that level within ten (10) working days, the Parties shall escalate the dispute to the following level to resolve the dispute: District Representative | City Representative Director of Watershed Programs Mayor 3.3. Ifthe Parties remain unable to resolve the dispute within an additional ten (10) working days, the Parties shall proceed to mediation upon request by either party. The mediator 3 shall review all documents and written statements, in order to accurately and effectively resolve the dispute. The mediator shall call a meeting between the Parties within ten (10) working days after mediator appointment, which meeting shall be attended by at least the respective representatives listed in paragraph 3.02 above. The Parties shall attempt in good faith to resolve the dispute. The Parties agree to follow the Uniform Mediation Act, Chapter 2710 of the Ohio Revised Code. The Parties shall share the cost of the mediator equally. 3.4 Such mediation shall be non-binding between the Parties and, to the extent permitted by law, shall be kept confidential. If the dispute is resolved and settled through the mediation process, the decision will be implemented by a written agreement signed by both Parties. If the dispute is unable to be resolved through mediation, the Parties agree to submit the dispute to the appropriate jurisdiction as per Article 4, Remedies, below. Article 4 Remedies 4.1 The Parties agree that, after exhausting the dispute resolution process outlined above, all claims, counter-claims, disputes and other matters in question between the Parties arising out of or relating to this Agreement, or the breach thereof, will be decided at law. This Agreement shall be governed by and interpreted according to the laws of the State of Ohio. Article 5 Counterpart Signatures 5.1 This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but which counterparts when taken together shall constitute one Agreement. Article 6 Governing Law 6.1 The terms and provisions of this Agreement shall be construed under and governed by the laws of Ohio (to which all Parties hereto consent to venue and jurisdiction). Article 7 Disclaimer of Joint Venture 7.1 This Agreement is not intended to create a joint venture, partnership or agency relationship between the Parties, and such joint venture, partnership, or agency relationship is specifically hereby disclaimed. Article 8 Authority to Execute 8.1 Each person executing this Agreement represents and warrants that it is duly authorized to execute this Agreement by the party on whose behalf it is so executing. Article 9 Exhibits The following exhibits are attached hereto and incorporated herein: Exhibit “A” — District Resolution Exhibit “B” — City Ordinance/Resolution Exhibit “C” — District-Approved Community Cost Share Application [signatures on the following page] The parties have executed this Agreement on the day and year first above written. NORTHEAST OHIO REGIONAL SEWER DISTRICT BY: Kyle Dreyfuss- Wells Chief Executive Officer AND BY: Darnell Brown, President Board of Trustees CITY OF BROOKLYN By: Za Le Title: Man aR The Legal Form and Correctness of this Instrument is hereby Approved: CITY OF BROOKLYN Borate —$ Assistant/Director of Law This Instrument Prepared By: Anka M. Davis Assistant General Counsel Northeast Ohio Regional Sewer District Each party agrees that this Agreement may be executed and distributed for signatures via email. and that the emailed signatures affixed by both parties to this Agreement shall have the same legal effect as if such signatures were in their originally written format. [FOR NEORSD USE] AGREEMENT NO. NORTHEAST OHIO REGIONAL SEWER DISTRICT WITH CITY OF BROOKLYN FOR COMMUNITY COST-SHARE PROJECT: SALT DOME PROJECT Total Approximate Cost: $639,000.00 The legal form and correctness of the within instrument are hereby approved. ERIC J. LUCKAGE CHIEF LEGAL OFFICER Date CERTIFICATION It is hereby certified that the amount required to meet the contract, agreement, obligation, payment or expenditure, for the above, has been lawfully appropriated or authorized or directed for such purpose and is in the Treasury or in process of collection to the credit of the fund free from any obligation or certification now outstanding. KENNETH J. DUPLAY CHIEF FINANCIAL OFFICER Date