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MONDAY, SEPTEMBER 22, 2025 COMMITTEE MEETING - 7:00 PM COUNCIL CHAMBERS (CITY HALL) MEETING CALLED TO ORDER Presentation by Fairview Park Women’s Club LOCAL GOVERNMENT & COMMUNITY SERVICES Councilwoman Wering, Chair | Councilman Simmerly, Vice Chair ORD. 25-47 Amending Chapter 143 Employment Provisions RES. 25-15 Moratorium on Smoke Shops FINANCE Councilwoman King, Chair | Councilwoman Greenfield, Vice Chair ORD. 25-48 Agreement with RE Warner for City Hall Campus Phase 2 ORD. 25-53 2026-2027 County Board of Health Contract RES. 25-16 Area Agency on Aging Contract 2026-2027 BOARDS & COMMISSIONS REPORTS ROUNDTABLE EXECUTIVE SESSION Per Charter, Article XVI - To consider the appointment of a public official or employee Ordinance 25-47 | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO.: 25-47 ORIGINATED BY: JENNIFER PAE, FINANCE DIRECTOR / HR MANAGER REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILWOMAN WERING AN ORDINANCE REPEALING SECTIONS 143.03 143.05, 143.06, 143.07,143.08, 143.09, 143.11, 143.12, 143.13, 143.15, 143.28, 143.30, 143.31, 143.32, 143.33, 143.34, 143.35, 143.36, 143.37, 143.38, 143.39, OF CHAPTER 143 ENTITLED EMPLOYMENT PROVISIONS, REPEALING ORDINANCE 19-42 AND UPDATING AND RENUMBERING EXISTING PROVISIONS OF SECTIONS IN CHAPTER 143, AND DECLARING AN EMERGENCY WHEREAS, the City’s employment provisions covering employees not members of collective bargaining units, and items silent in the contracts have not been updated since 1991; and WHEREAS, many of the ordinances were prescriptive in nature and better served as policy and procedure versus law allowing for flexibility to make changes over time as employment needs change; and WHEREAS, updated leave ordinances are designed to attract and retain qualified employees, and to allow the city to be aligned with surrounding municipalities’ employment provision. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. That Sections 143.03 143.05, 143.06, 143.07,143.08, 143.09, 143.11, 143.12, 143.13, 143.15, 143.28, 143.30, 143.31, 143.32, 143.33, 143.34, 143.35, 143.36, 143.37, 143.38, 143.39 of Chapter 143: Employment Provisions as previously adopted are hereby repealed, as well as Ordinance 19-42 (Sick Leave Donation). SECTION 2. That existing Sections 143.01, 143.02, 143.04, 143.10, 143.14, 143.16, 143.17, 143.18, 143.19, 143.20, 143.21, 143.22, 143.23, 143.24, 143.25, 143.26, 143.27, and 143.29 have been updated as show in “Exhibit A”. SECTION 3. That Chapter 143 entitled “Employment Provisions” shall now consist of the following updated provisions: 143.01 DEFINITIONS 143.02 EMPLOYEES COVERED 143.03 EMPLOYEE CLASSIFICATION PLAN 143.04 DEVELOPMENT AND MAINTENANCE OF COMPENSATION RANGES 143.05 PART-TIME EMPLOYEES 143.06 HOURS OF WORK 143.07 OVERTIME DEFINED 143.08 LONGEVITY PREMIUM Ordinance 25-47 | Page 2 143.09 UNIFORM ALLOWANCE 143.10 TRAVEL EXPENSES AND MILEAGE ALLOWANCE 143.11 HOSPITALIZATION COVERAGE 143.12 SICK LEAVE 143.13 VACATON LEAVE 143.14 HOLIDAY LEAVE 143.15 FUNERAL LEAVE 143.16 MILITARY LEAVE 143.17 JURY LEAVE 143.18 UNAUTHORIZED LEAVE SECTION 5. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that 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. SECTION 6. That this Ordinance is hereby declared to be an emergency measure, necessary for the immediate preservation of the public peace, health, safety, and welfare and for the further reason that it is necessary to expedite this ordinance for the efficient operation of the City of Fairview Park; and provided it receives the affirmative vote of a majority plus one of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor, otherwise from and after the earliest period allowed by law. PASSED: 1st reading: 09.02.25 APPROVED: 2nd reading: 09.15.25 3rd reading: _____________________________________ William F. Minek, Council President Pro Tem ____________________________________ Bill Schneider, Mayor ____________________________________ Liz L. Westbrooks, Clerk of Council CHAPTER 143 EMPLOYMENT PROVISIONS 143.01 DEFINITIONS. For purposes of this chapter: (a) "Director" is defined as the Director of the Administrative Department to which an employee is assigned, or the Mayor with respect to an employee assigned to the administrative control of the Mayor and members of boards and commissions, or the President of Council with respect to an employee of Council, including the Clerk of Council. (b) "Position" is defined as a group of currently assigned duties and responsibilities whether occupied or vacant requiring the full or part-time employment of one person. (c) "Class" is defined as a group of positions (or one position) that: (1) Has similar duties or responsibilities; (2) Requires like qualifications; and (3) Can be equitably compensated in the same salary range. (d) "Class title" is defined as the official designation or name of the class as stated in the class specification. It shall be used on personnel records and actions. Working or office titles may be used for purposes of internal administration. (e) "Employee" is defined as any incumbent of a position. (f) "Regular full-time" employee is defined as an employee who is employed on a regular and continuing basis and for whom there is a reasonable expectancy that such employment will continue in excess of six (6) months and excluding overtime is in employment two thousand eighty (2080) or more hours per calendar year or an average of forty (40) or more hours a week. The phrase "regular full-time" employee does not include elected officials, members of any board or commission, the Director of Law, attorneys in the Department of Law, and any person providing services pursuant to contract, except as otherwise provided in this chapter. (g) "Regular part-time" employee is defined as an employee who is employed on a regular and continuing basis and for whom there is a reasonable expectancy that such employment will continue in excess of six (6) months and excluding overtime is in employment less than two thousand eighty (2080) hours per calendar year and averages less than forty (40) hours per week. (h) "Temporary full-time" employee is defined as an employee who is employed on a regular and continuous basis and for whom there is no reasonable expectancy of regular and continuous employment with the City for a period in excess of six (6) months and who averages forty (40) or more hours per week excluding overtime. (i) "Temporary part-time" employee is defined as an employee for whom there is no reasonable expectancy of regular and continuous employment with the City for a period in excess of six (6) Ordinance 25-__ | Exhibit A | Page 1 of 12 months and excluding overtime is in employment less than two thousand eighty (2080) hours per calendar year and averages less than forty (40) hours per week. (j) "Active employment" is defined as the actual doing of the work which is a part of the employee's position description and shall include the time periods which the employee is on paid vacation leave, holiday leave, jury service and leave for training. Active employment shall not include any time period during which an employee is on sick leave, military leave, leave without pay, authorized leave, receiving disability pay or under suspension. (k) "Salary" is defined as the rate of compensation per year. (l) "Hourly" is defined as the rate of compensation per hour. (m) "Regular workday" is defined as the number of hours in an employee's workday as established pursuant to this chapter. (n) "Regular work week" is defined as the number of hours in an employee's work week as established pursuant to this chapter. (o) "Overtime" is defined as work in addition to the established schedule of hours of work in the regular work day or regular work week. (p) "Retirement" is defined as disability or service retirement under any State or Municipal retirement system in this State. 143.02 EMPLOYEES COVERED. The provisions of this chapter shall be applicable to all non-elected employees of the City, and who are regular full-time, regular part-time, temporary full-time or temporary part-time employees of the City as defined in Section 143.01. For employees who are members of collective bargaining agreements executed by the City, the terms of the agreement shall supersede this chapter, where applicable. 143.03 OBJECTIVES. - repealed 143.04 COMPENSATION OF CLASSIFICATION PLAN EMPLOYEE CLASSIFICATION PLAN. The employee classification plan shall include the classification schedule and a complete inventory of all positions, and accurate descriptions and specifications for each class of employment not included within collective bargaining agreements. 143.05 CLASS SPECIFICATIONS. – repealed 143.06 USE OF THE PLAN. – repealed 143.07 MAINTENANCE OF THE PLAN. – repealed Ordinance 25-__ | Exhibit A | Page 2 of 12 143.08 AMENDMENTS TO POSITION CLASSIFICATION PLAN. – repealed 143.09 ALLOCATION APPEALS. – repealed 143.10 DEVELOPMENT AND MAINTENANCE OF COMPENSATION RANGES. The compensation range for each position and creation of or adjustment to position titles not covered by collective bargaining shall be approved by City Council. The Administration shall make comparative studies of factors affecting the level of salary ranges as often as necessary and shall submit his/her recommendations to Council for its action. Approval of appointments above the minimum rate shall be based upon qualifications of the appointee or inability to employ eligible candidates at the minimum rate. Salary adjustments within an established range shall not be automatic but shall be dependent upon formal recommendation of the director of the employing administrative department to the Mayor, or in the case of an employee of Council, the Council President. 143.11 APPOINTMENT RATE. – repealed 143.12 WITHIN-RANGE INCREASE. – repealed 143.13 PAY RATES AND TRANSFER, PROMOTION OR DEMOTION. – repealed 143.14 PART-TIME EMPLOYEES. Part-time employees may be paid on an hourly or salary basis as determined by the director of the department in which the employee is hired. The hourly rate of a part-time employee shall be determined by dividing the regular number of work week hours for full-time employees in the appropriate classification into the weekly equivalent for the annual salary of such full-time position, or within the range for part-time employees listed on the annual salary ordinance. 143.15 PERMITTING OVERRUN OR UNDERRUN ON SALARIES AS REQUIRED FOR COMPUTER PAYROLL METHODS; DEDUCTIONS FROM PAY. – repealed 143.16 HOURS OF WORK. Other than the Clerk of Council whose schedule is established by the Council or its Presiding Officer, the regularly-assigned work week and the regularly assigned work-day for all employees of the City who are not members of a collective bargaining unit shall be established by the directors of the various departments and approved by the Mayor. 143.17 OVERTIME DEFINED OVERTIME PREMIUMS. (a) Any work in excess of the regular work week and the regular workday shall be compensated at the overtime premium as set forth herein. For the purpose of calculating overtime, all leave with pay granted elsewhere in this chapter, with the exception of sick leave and jury leave, shall be included as work actually physically performed. Ordinance 25-__ | Exhibit A | Page 3 of 12 b) Full-Time Hourly Employees. (1) Full-time hourly, non-Fair Labor Standards Act exempt, employees shall be compensated at the rate of time and one-half the regular rate of pay for work performed in excess of eight hours per day, and forty hours per week, and for work performed on Saturday, Sunday or any holiday as defined in Section 143.24. In the event such an employee is required to work any seven consecutive days, he or she shall be compensated at the rate of double the regular rate of pay for the seventh day. The employee will have the option to have the overtime paid in a cash payout or via compensable time. (2) Overtime paid for labor performed on a compensated holiday shall be in addition to the regular time compensation for such holiday, but holiday hours so compensated shall not again be used in any other overtime computations. When two or more types of overtime are applicable for the same hours of work, only one will be paid. In no case will overtime be duplicated or pyramided. No credit will be allowed or premium payment made for overtime labor unless it is rendered pursuant to prior order or approval by the department head or other supervisory employee customarily authorized to direct the employee rendering it, or pursuant to a regularly established or published department rule or schedule. (3) At no time shall any full-time hourly non-Fair Labor Standards Act exempt employee accrue more than one hundred twenty (120) hours of compensable time, and will receive a lump sum cash payout for any hours accumulated in excess of one hundred twenty hours (120). (4) No more than one hundred twenty (120) hours of accrued compensable time shall be converted to cash upon termination of employment. (5) Hours earned or taken of compensable time will be tracked on timesheets submitted to the Finance Department with biweekly payroll. (c) Annual Salaried Employees. (1) All annual salaried employees who are exempt from the Fair Labor Standards Act shall be entitled to compensable time off, at a rate of one hour off for each hour worked in excess of eight hours per day and forty hours per week, and for work performed on Saturday, Sunday and any holiday as defined in Section 143.24. (2) At no time shall any annual salaried employee accrue more than one hundred twenty (120) hours of compensable time, and will receive a lump sum cash payout for any hours accumulated in excess of one hundred twenty hours (120). (3) No more than one hundred twenty (120) hours of accrued compensable time shall be converted to cash upon termination of employment. Ordinance 25-__ | Exhibit A | Page 4 of 12 143.18 LONGEVITY PREMIUM. (a) All non-elected full-time employees shall receive an additional compensation for the length of full-time, continuous service with the City according to the following schedule: One hundred dollars ($100.00) for each year of consecutive full-time service with this City commencing on the employee’s fifth (5th) anniversary date of such service with the City. At that time the employee will become entitled to a sum of five hundred dollars ($500.00), which will be paid in a lump sum in the first pay period of December of that year. Employees with more than five (5) years of consecutive full-time service with the City shall be entitled to one hundred dollars ($100.00) per year of service up to a maximum of twenty-five hundred dollars ($2,500). Longevity will continue to be awarded on the employee’s successive anniversary dates of consecutive full-time service to the City according to the procedure hereinbefore provided. (b) All sums payable to any employee by virtue of this section shall be prorated in the year of separation to the date of such separation. (c) Elected officials, attorneys in the Department of Law, the City Engineer, members of any board or commission, any person providing services pursuant to contract and seasonal employees shall not be eligible for longevity compensation hereunder. (d) No individual employed by the City in more than one capacity shall be entitled to the benefits of this section other than the primary Department of such employee. (e) Except as provided in subsection (b) and subsection (f), termination of employment, for any reason, either voluntary or involuntary, shall terminate all rights and accrued benefits and eligibility under this section. Any employee who retires and is re-hired full-time by another Department of the City shall accrue benefits hereunder as if the employee were a new employee and prior service with the City shall not be counted. (f) In the event an employee leaves the employment of the City under the disability provisions of a pension program or dies while still on the active payroll of such department, then the longevity benefits payable under this section shall be prorated for such a period of time. Such prorated longevity benefits shall be payable in a lump sum within thirty (30) days after disability commences or death of such employee and shall be paid to such member or surviving wife or husband, dependent children or heirs designated in the estate of the employee, in the order hereinbefore named. 143.19 UNIFORM ALLOWANCE. Ordinance 25-__ | Exhibit A | Page 5 of 12 (a) For those employees required to wear special uniforms in carrying out their duties, the City will pay an annual allowance, as and for a uniform purchase, maintenance and repair allowance according to the following schedule: (1) To the Chief of the Fire Department, the same sum as paid to other employees of the Fire Department. (2) To the Chief of the Police Department, the same sum as paid to other employees of the Police Department. (b) The aforesaid allowances shall be paid on a semi-annual basis. Any uniform required to be worn by any of the aforementioned employees, or any portion thereof, which may be damaged or destroyed in the line of duty, ordinary wear and tear excepted, shall be replaced by the City. (c) The aforesaid mentioned uniform allowances shall be prorated to the date of resignation or retirement of such employee. If such uniform allowance account is overdrawn, the overdrawn amount shall be prorated and deducted from the final salary payment of such employee. If an employee is due a uniform allowance payment at the time of termination of employment, the amount so due shall be paid on a prorated basis based upon the applicable annual allowance and shall be added to the final payment. In departments with seasonal, part-time employees or full-time employees not members of a collective bargaining unit, the City will provide uniforms and equipment, not in the form of an allowance. 143.20 TRAVEL EXPENSES AND MILEAGE ALLOWANCE. (a) The travel expenses of any City official or employee attending meetings, conferences or conventions relating to municipal affairs outside the City or while engaged in any official business, including travel, lodging, meals, fees, tips and gratuities, and other business related expenses shall be paid by the City or such person shall be properly reimbursed for the expense so incurred if the travel is first authorized by the Mayor and the director of the department to which the employee is assigned or in the case of a member of Council by the President of Council and if the Director of Finance certifies that funds are appropriated and available for such purposes. (b) The maximum reimbursement for lodging, meals and incidentals shall be based on travel location rates determined by the most recent U.S. General Services Administration (GSA) per diem rates for Federal Employees. Taxes and gratuity are included in the meal totals. Gratuity given in the excess of the GSA amount shall be the responsibility of the employee and will not be reimbursed. No alcohol or personal items not related to city business will be permitted to be reimbursed while traveling on behalf of the City. (c) Mileage, tolls and parking using personal vehicles for conducting city business will be reimbursed. Mileage will be reimbursed at the current rate permitted by the Internal Revenue Service. Ordinance 25-__ | Exhibit A | Page 6 of 12 143.21 INSURANCE PREMIUM PAYMENTS. HOSPITALIZATION COVERAGE a) The City will provide hospitalization for full-time employees not covered by collective bargaining units that should mirror the negotiated coverages allowed. b) The Mayor is hereby authorized to enter into any contract necessary to carry out the terms of this subsection. c) The Director of Finance is hereby authorized to pay the premiums as the same become due for the service. 143.22 SICK LEAVE. All regular full-time employees of the City shall receive sick leave according to the following terms and conditions: (a) Sick leave may be utilized on account of illness or injury incapacitating the employee from work and for visits to a physician or dentist, or the birth / adoption of a child without loss of regular time pay, vacation, seniority or other rights or privileges. In addition, sick leave may be utilized to care for a spouse, parent or child on account of the spouse, parent's or child's illness. (b) All employees shall earn sick leave at the rate of four and six-tenths (4.6) hours per bi-weekly pay period during which the employee actually worked or was absent by reason of leave granted elsewhere in this chapter with the exception of leave without pay. (c) Full-time employees not covered by a collective bargaining agreement may begin to accumulate sick leave pay upon the first day of hire. (d) Full-time employees not covered by a collective bargaining agreement may accumulate 26 weeks (1040 hours) of unused sick leave and they shall be allowed to convert thirty-three percent (33%) of such sick leave into a lump sum cash payment up to a maximum of 347 hours of pay upon retirement, resignation or death. (e) Full-time employees not covered by a collective bargaining agreement who have accumulated more than 26 weeks (1040 hours) of sick leave may convert on a three-to-one basis all days accumulated over 26 weeks (1040 hours) into a lump sum cash payment at the end of each calendar year. (f) For employees hired prior to January 1, 2026, they may elect to forgo sections (d) and (e) and elect to accumulate sick leave to an unlimited amount. Upon the retirement or death of any such employee who has ten years or more of continuous employment with the City and has applied for retirement benefits from a State of Ohio Public Employee Retirement System, such employee shall be entitled to receive a cash payment equal to the employee’s hourly rate of pay at the time of retirement multiplied by one-half the total number of accumulated but unused sick hours Ordinance 25-__ | Exhibit A | Page 7 of 12 earned by such employee, provided, however, that such resulting number of sick hours to be paid shall not exceed 1307 hours. (g) An employee from the State or any of its political subdivisions to the City shall be credited with the unused balance of accumulated sick leave up to the maximum permitted in this section provided proof of such sick leave credit is furnished in writing by the employee's former employer. (h) Employees who are discharged for cause forfeit all rights to payment under this subsection. (i) Sick leave may be used for retirement purposes, such as, for example, an early retirement. (j) The Administration is permitted to create a sick leave donation policy and procedure (Repeal Ordinance 19-42) (k) The President of Council with the approval of Council as to an employee of Council, including the Clerk of Council, and the Mayor as to a non-collective bargaining unit employee may grant a leave of absence on account of sickness or disability without pay once an employee has exhausted all leave banks. An employee on a leave of absence without pay shall not be entitled to earn credits toward sick time, vacation time and/or holidays. An employee on a leave of absence shall reimburse the City for all medical coverage premiums paid for by the City during the leave of absence period permitted. 143.23 VACATION LEAVE. (a) Full-time employees not covered by a collective bargaining agreement will begin accumulating vacation leave upon the first day of hire at the following rates: Years of Service Hours of Vacation Per Year Working Days Hours Per Pay (26 pays) Start to 4 years 80 10 3.077 5 to 9 years 120 15 4.615 10 years to 14 years 160 20 6.154 15 to 22 years 200 25 7.692 23 years + 240 30 9.231 (b) No employee may accumulate in excess of ten weeks (50 working days or 400 hours) of vacation time, excluding all vacation time earned in the year in which the accumulated vacation is taken. Employees will receive a lump sum cash payment for any accumulated vacation time over 50 working days (400 hours) at year end. Ordinance 25-__ | Exhibit A | Page 8 of 12 (c ) The Mayor may permit full-time employees not covered by a collective bargaining to have starting vacation leave amounts commensurate with levels of vacation earned with prior employers. New employees must provide a letter from their prior employer with dates of employment, vacation earned at the time of termination, and any vacation balance not cashed out at termination. This will help determine starting vacation balance, and the amount of vacation earned each pay period going forward. (d) The Director of each Department shall designate the time when each employee may take vacation leave. (e) Upon termination of employment, full-time employees not covered by a collective bargaining will receive a lump sum cash payout of the hours in the vacation bank upon the date of termination. (f) In the case of the death of a City employee, the unused vacation leave to the credit of any such employee, shall be paid in accordance with Ohio R.C. 2113.04, or to his or her estate. (g) In the event of 27th pay period, there will not be an accumulation of vacation time for that pay. (h) Any employee who transfers from part-time to full-time employment status, without interruption in employment with the City, shall have his/her part-time service, pro-rated to equivalent full-time service, included in the service time for purposes of accruing vacation time. 143.24 HOLIDAY LEAVE. (a) Each regular full-time employee who is not a member of a collective bargaining unit shall receive holiday pay at regular compensation on the following holidays: 1 New Years Day 2 Martin Luther King Day 3 Presidents Day 4 Memorial Day 5 Juneteenth 6 Independence Day 7 Labor Day 8 Thanksgiving Day 9 Day After Thanksgiving 10 Christmas Day 11 Personal Day 12 Personal Day 13 Personal Day 14 Personal Day Ordinance 25-__ | Exhibit A | Page 9 of 12 (b) Personal Days must be taken within the current calendar year and not carried over if not used, and unused Personal Days will be paid out upon termination during the current calendar year. (c) Should holiday leave granted herein occur on a Sunday, the following Monday shall be observed as the holiday. Should holiday leave granted herein occur on a Saturday, the preceding Friday shall be the holiday. (d) Should an employee be regularly scheduled for work on a day defined hereinbefore as holiday leave, such employee shall be entitled to take such holiday leave at another time as may be approved by the director of the employing department. (e) With the exception of Personal Days, the City Hall Administrative Offices will be closed on the ten (10) listed holidays. The Senior Center and the Gemini Recreation Center may elect to be open on any of those ten (10) days, and full-time employees not covered by a collective bargaining unit in those departments will be granted a Personal Day for any of the ten (10) holidays worked 143.25 FUNERAL LEAVE. (a) If death occurs among members of the employee's family, such employee shall be granted paid funeral leave in accordance with the following schedule: (1) Spouse, son, daughter, stepchild, mother, father, stepparent; Up to 10 workdays (2) Brother, sister, grandparent, grandparent-in-law, grandchild, mother-in-law, father-in-law, brother-in-law, sister-in- law, daughter-in-law, son-in-law; Up to 5 workdays (3) Aunt, uncle, niece, nephew; or loco parentis 1 workday (b) If a death in the immediate family as hereinbefore occurs while the employee is on duty, the employee shall be excused for the remainder of the workday, and such time shall not be charged to leave of any kind. 143.26 MILITARY LEAVE. (a) All full-time, permanent, hourly employees and all annual, salaried employees shall be granted leaves of absence from their respective positions without loss of pay for the time they are performing service in the uniformed services, for periods of up to one month, for each year in which they are performing service in the uniformed services. (b) Any full-time, permanent, hourly employee or annual, salaried employee who is entitled to the leave provided under subsection (a) of this section, and who is called or ordered to the uniformed services for longer than a month, for each federal fiscal year in which the employee performed service in the uniformed services, because of an executive order issued by the president of the United States, because of an act of congress, or because of an order to perform duty issued by the governor pursuant to section 5919.29 of the Revised Code is entitled, during Ordinance 25-__ | Exhibit A | Page 10 of 12 the period designated in the order or act, to a leave of absence and to be paid, during each biweekly pay period of that leave of absence, the difference between the employee's gross biweekly wage or salary as an employee and the sum of the employee's gross uniformed pay and allowances received in that pay period. (c) No employee shall receive payments under subsection (b) hereof, if the sum of the employee's gross uniformed pay and allowances received in a pay period exceed the employee's gross wage or salary for that period or if the employee is receiving pay under subsection (a) hereof. (d) Each employee who is entitled to leave provided under subsection (b) hereof shall submit to the employee's appointing authority the published order authorizing the call or order to the uniformed services or a written statement from the appropriate military commander authorizing that service, prior to being credited with that leave. (e) The City shall maintain or reactivate all medical, dental and prescription benefits of an employee who is entitled to leave provided under subsection (b) hereof at the request of the employee, the employee's spouse or the employee's dependent. The employee, spouse or dependent and the City shall continue to be liable for payment of the cost of said benefits as if the employee were not on a leave of absence. 143.27 JURY LEAVE. (a) All City employees shall receive their regular wages for time lost from their work with the City while serving as a member of a Municipal, Common Pleas or Federal Court jury panel, without deduction for any amount as they may receive from the court for such service. (b) No time spent in such service shall be counted or used for purposes of determining eligibility for overtime pay or compensatory time off. 143.28 PERSONAL LEAVE OF ABSENCE.- repealed 143.29 UNAUTHORIZED LEAVE. Employees absent from work without authorization shall be considered unauthorized leave. An unauthorized leave for a period of three (3) or more assigned working days shall be considered as an automatic resignation from service with the City. 143.30 PAYMENT UPON SEPARATION.- repealed 143.31 TRAINING. - repealed 143.32 PHYSICAL EXAMINATION. - repealed 143.33 TRANSFER OF BENEFITS. - repealed Ordinance 25-__ | Exhibit A | Page 11 of 12 143.34 SURETY BONDS. - repealed 143.35 BI-WEEKLY COMPENSATION PAYMENT. - repealed 143.36 VOLUNTARY DEFERRED COMPENSATION PLAN. - repealed 143.37 INCENTIVE COMPENSATION. – repealed 143.38 PICK-UP OF EMPLOYEE CONTRIBUTIONS TO PERS BY SALARIED EMPLOYEES AND ADMINISTRATORS. - repealed 143.39 PICK-UP OF EMPLOYEE CONTRIBUTIONS TO PERS AND PFDPF BY SERVICE EMPLOYEES, POLICEMEN AND FIREMEN. - repealed Ordinance 25-__ | Exhibit A | Page 12 of 12 20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor _________________________________________________________________________________________________ 440-333-2200 (City Hall) www.fairviewpark.org MEMORANDUM TO: Council President Kilbane and Members of City Council FROM: Jennifer Pae, Finance Director / HR Manager RE: Updates and Revision of Section 143: Employment Provisions DATE: September 2, 2025 The Administration of the City of Fairview Park requests the passage of the following Ordinance with three readings with emergency enactment: AN ORDINANCE REPEALING SECTIONS 143.03 143.05, 143.06, 143.07,143.08, 143.09, 143.11, 143.12, 143.13, 143.15, 143.28, 143.30, 143.31, 143.32, 143.33, 143.34, 143.35, 143.36, 143.37, 143.38, 143.39, OF CHAPTER 143 ENTITLED EMPLOYMENT PROVISIONS, REPEALING ORDINANCE 19-42 AND UPDATING AND RENUMBERING EXISTING PROVISIONS OF SECTION 143, AND DECLARING AN EMERGENCY The majority of the codified ordinances that cover city employment provisions have not been updated since 1991. These ordinances are the provisions for employees not members of collective bargaining units, or for employment issues not addressed in the contracts. Updates to this section will assist with the creation of an updated employee manual, as well as creating a starting point for the upcoming labor union negotiations. Upon review of Section 143, there are many items that are being asked to be repealed since they are more policy in nature than in ordinance form which are law. This section was compared with several other Cleveland-area municipalities’ codified ordinances pertaining to employment provisions, and the majority do not have this level of ordinances that would function better as policy. And many sections that remain are being updated to modernize the City’s leave ordinances which will help to attract and retain employees especially: • Holidays • Vacation • Sick It is recommended that the City should have set holidays, rather than “floating” holidays. 20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor _________________________________________________________________________________________________ 440-333-2200 (City Hall) www.fairviewpark.org The current vacation provisions make it difficult to attract new employees, and it causes confusion for when employees leave service with the City. Rather than waiting a year to begin to be able to take two weeks’ vacation, the updates allow full-time employees to begin earning vacation time upon hire at a rate commensurate with what they earned at a prior position. And when employees leave the City, there is no longer a confusing calculation of actual vacation time accrued for payouts. Finally, vacation should not be “use it or lose it” within a calendar year, and there are now caps on the amount an employee can earn. It is recommended that the City have sick leave caps and payouts, and that non-union full-time employees have the ability to earn comp time like employees in collective bargaining unit employees. The Administration looks forward to discussing the proposed changes in committee and thanks Council for their consideration of the much-needed updates to Section 143: Employment Provisions. cc: Mayor Bill Schneider A. Steven Dever, Director of Law Liz Westbrooks, Clerk of Council Resolution 25-15 | Page 1 CITY OF FAIRVIEW PARK RESOLUTION NO.: 25-15 ORIGINATED BY: A. STEVEN DEVER, LAW DIRECTOR REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILWOMAN WERING A RESOLUTION IMPOSING AN IMMEDIATE MORATORIUM ON THE ISSUANCE AND PROCESSING OF ANY PERMITS FOR SMOKE SHOPS WITHIN THE CITY OF FAIRVIEW PARK, OHIO AND DECLARING AN EMERGENCY WHEREAS, this Council and Administration wishes to issue a moratorium for a temporary period of time while it undertakes a review of information on the effect of vaping and e-cigarettes and a review and/or study of the Codified Ordinances of the City of Fairview Park, including zoning and business regulations; and WHEREAS, it is the opinion of Council and the Administration that the current provision of the Zoning Code may not sufficiently address both the actual and potential impacts of vape and/ or smoke establishes or shops uses in terms of, but not limited to, access, building quality and aesthetics, lights and noise control, available and appropriate locations, use, saturation, and environment; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power to enact planning and zoning laws that are for the health, safety, and welfare, comfort and peace of the citizens of the municipality, including restricting areas used for businesses and trade. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: Section 1. A moratorium is hereby placed on issuance or processing of permits for Smoke Shops in the City of Fairview Park for the purpose of allowing the Administration and Council an opportunity to review zoning regulations as they relate to Smoke Shops. Section 2. For purposes of this Resolution "Smoke Shop" is defined as any retail establishment at which twenty percent (20%) or more of floor, shelf, and/or display area(s), individually or in the aggregate, is used for the sale of Smoke Shop Products. No state-licensed medical or adult-use marijuana operator, cultivator, processor, dispensary, laboratory, or entity as shall constitute a Smoke Shop for the purposes of this section. Section 3. For purposes of this Resolution " Smoke Shop Product( s)" mean: Resolution 25-15 | Page 2 A. Any product containing, made of, derived from, or containing any form of CBD, kratom, and/ or hemp -derived or synthetic cannabinoid, including but not limited to delta-8 THC, that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, dissolved, inhaled, absorbed, or ingested by any other means; B. Any product containing, made of, or derived from tobacco or containing any form of nicotine that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, dissolved, inhaled, absorbed, or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus; C. Any Electronic Smoking Device as defined in this section and any substances intended to be aerosolized or vaporized during the use of the device, whether the substance contains any form of tobacco, nicotine, CBD, kratom, and/or hemp-derived or synthetic cannabinoids; or D. Any component, part, or accessory of (A), ( B), or ( C) above, whether any of these contain tobacco, nicotine, CBD, kratom, and/ or hemp-derived or synthetic cannabinoids, including, but not limited to, filters, rolling papers, blunt or hemp wraps, or pipes. Section 4. Smoke Shop Product does not include any product that is a drug, device, or combination product authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act. Section 5. The moratorium shall be in effect for a period beginning from the effective date of this Resolution through the earlier of June 1, 2026, until changes are enacted to amend the Codified Ordinance of the City of Fairview Park to address these issues, or until Council approves legislation explicitly revoking this moratorium, whichever occurs first. Section 6. It is found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution 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. Section 7. That this Resolution is hereby declared to be an emergency measure necessary for the preservation of the public peace, health, safety, and welfare; and for further reason the Resolution will allow for a review of reasonable Smoke Shop regulations, and provided it receives the affirmative vote of a majority plus one of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor, otherwise from and after the earliest period allowed by law. Resolution 25-15 | Page 3 PASSED: 1st reading: 09.15.25 APPROVED: 2nd reading: 3rd reading: ______________________________________ William F. Minek, Council President Pro Tem ______________________________________ Bill Schneider, Mayor ______________________________________ Liz L. Westbrooks, Clerk of Council 20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor 440-333-2200 (City Hall) www.fairviewpark.org MEMORANDUM TO: Council President Kilbane and Members of City Council FROM: Mayor Bill Schneider RE: Moratorium on Smoke Shops DATE: September 15, 2025 The Administration of the City of Fairview Park requests passage of the following Resolution to be passed after three readings with emergency enactment: A RESOLUTION IMPOSING AN IMMEDIATE MORATORIUM ON THE ISSUANCE AND PROCESSING OF ANY PERMITS FOR SMOKE SHOPS WITHIN THE CITY OF FAIRVIEW PARK, OHIO AND DECLARING AN EMERGENCY The Administration is requesting a moratorium be placed on issuance or processing of permits for Smoke Shops in the City of Fairview Park for the purpose of allowing the Administration and Council an opportunity to review zoning regulations as they relate to Smoke Shops. The current provision of the Zoning Code may not sufficiently address both the actual and potential impacts of vape and/ or smoke establishes or shops uses in terms of, but not limited to, access, building quality and aesthetics, lights and noise control, available and appropriate locations, use, saturation, and environment. Thank you. Cc: A. Steven Dever, Law Director Walter Maynard, Building Commissioner Liz Westbrooks, Clerk of Council Ordinance 25-48 | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO.: 25-48 ORIGINATED BY: MEGAN OTTER, ASSISTANT DEVELOPMENT DIRECTOR REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILWOMAN KING and COUNCILMAN MINEK AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AGREEMENT WITH R.E. WARNER FOR THE CITY HALL CAMPUS PROJECT PHASE 2 AND DECLARING AN EMERGENCY WHEREAS, Council passed Ordinance 25-15 on April 7, 2025 authorizing the Mayor to enter into an agreement with R.E. Warner to evaluate the existing City Hall Administration Building, Police and Fire Stations for the City of Fairview Park (“City”) and to develop a new design for the City Hall Administration Building, Police and Fire Stations (“City Hall Campus Project”) based on assessment and programming; and WHEREAS, R.E. Warner will be doing a comprehensive municipal campus improvement that will include a new service garage, City Hall Administration Building, Police and Fire Stations and site improvements to the parking lot; and WHEREAS, R.E. Warner has completed Phase 1 of the City Hall Campus Project which was the development and design, based on assessment and programming, to upgrade the City Hall Administration Building, Police and Fire Stations which include full redesigned layout, addition of a new vestibule for City Hall, and a new addition for the Police Department; and WHEREAS, the R.E. Warner proposal for Phase 2 of the City Hall Campus Project will provide design and drawings for the following disciplines: Survey, Landscape, Demolition, Architectural, Civil, Structural, HVAC, Plumbing, Fire Protection and Electrical (Exhibit A); and WHEREAS, Phase 2 of the City Hall Campus Project will prepare the City for construction. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. That the Mayor is hereby authorized to enter into an agreement with R.E. Warner at a cost of eight hundred thirty-nine thousand dollars ($839,000.00) which is to be paid from the Capital Projects Fund (Fund 811). SECTION 2. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that 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. Ordinance 25-48 | Page 2 SECTION 3. That this Ordinance is hereby declared to be an emergency measure, necessary for the immediate preservation of the public peace, health, safety and welfare; and for the further reason that R.E. Warner can get started on design and drawings for the City Hall Campus Project and provided it receives the affirmative vote of a majority plus one of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor, otherwise from and after the earliest period allowed by law. PASSED: 1st reading: 09.02.25 APPROVED: 2nd reading: 09.15.25 3rd reading: _____________________________________ William F. Minek, Council President Pro Tem ____________________________________ Bill Schneider, Mayor ____________________________________ Liz L. Westbrooks, Clerk of Council REW Exhibit A RE. WARNER ENGINEERS | ARCHITECTS | SURVEYORS VIA--E-MAIL megan.otter@fairviewparkohio.gov August 27, 2025 Megan Otter City of Fairview Park 20777 Lorain Road Fairview Park, OH 44126 Reference: City of Fairview Park (City of Fairview Park) Fairview Park City Hall Campus Updates Professional Services Proposal No. P33125-R2 Dear Ms. Otter: Thank you for the opportunity to submit our proposal for the Fairview Park City Hall Campus Updates. R.E. Warner is dedicated to your operational success. Our team members have decades of experience developing facilities and infrastructure that are home to the essential products and services of the modern world, and we understand the critical nature of our clients’ operations. With that in mind, we provide an extensive range of services across engineering, architecture and surveying, and we are committed to working alongside your team to achieve your objectives. The team members reserved for your project offer invaluable experience, knowledge, and dedication to quality and service. We pride ourselves on being easy to work with and have been repeatedly told that our friendly, responsive, and collaborative nature sets us apart. Based on previous work and communication with our design team. Our understanding of the scope of this project is detailed below. 25000 Country Club Blvd., Ste. 340, North Olmsted, Ohio 44070 | P: 440.835.9400 | F: 440.835.9474 | rewarner.com = | RE WARNER PROJECT OVERVIEW The City of Fairview Park is moving forward with a comprehensive municipal campus improvement project. This includes the construction of a new service garage to support city service operations and maintenance. A full interior renovation of the existing City Hall, featuring a redesigned layout and the addition of a new vestibule. Additionally, a new addition will integrate the Police functions, the overall project will enhance operational efficiency and public safety services SCOPE OF WORK To fulfill the scope of services for this project R.E. Warner will provide design and drawings for the following disciplines: Survey Landscape Demolition Architectural Civil Structural HVAC Plumbing penr naw WY Fire Protection 10. Electrical In addition to the design services, R.E. Warner will provide project management for the design team and attend meetings as noted below. Survey Scope: 1. Boundary retracement survey of Cuyahoga County Parcels #322-02-013, #322-03-001, and #322- 03-002. a. Location of found property pins or witness monuments as applicable. b. Set pins in corners where necessary. Boundary survey drawing including bearings & distances of the parcel boundary and monuments called out, with a tie-in line commencing from a centerline public right of way monument. Landscape Scope: 1. Provide an overall site masterplan with concept alternatives. 2. Landscape and hardscape design for the city hall addition, renovation, and service garage. 3. Schematic Design: Initial concepts, lighting, planting ideas. 4 Design Development: Detailed plans, grading, irrigation, materials. pr pit iit iit ticipate tnncinnetesnemeesanenimanetnietinentdtinsian Professional Services Proposal | August 27, 2025 For City of Fairview Park | Fairview Park City Hall Campus Updates Page 2 of 16 | P33125_R2.docx EW |= RE WARNER Construction Documentation: Technical drawings and specifications. Bidding Support: Pre-bid meeting, RFI responses, bid evaluations. Construction Observation: Site visits, submittal reviews, field sketches. Grading and drainage for pedestrian and planting areas. po onan Pavements for pedestrians, bikes, and vehicles. 10. Landscape walls, steps, railings. 11. Fences, trellises, shade structures, decks, seating. 12. Site furnishings (benches, tables, trash bins, bike racks, fountains). 13. Site lighting fixture selection. 14. Planting and soil management. 15. Irrigation systems (if requested). 16. Assistance with submittals to building departments. 17. One round of revisions per agency comment. Demolition Scope: 1. Provide the following drawings to show demolition of existing structures and utilities: a. City hall Interior Demolition plans (architectural, mechanical, electrical, and plumbing). b. Demolition of any site structures, including buildings, pavements, site elements and equipment. Architectural Scope: 1. Provide the following drawings for AHJ plan review, reviews, bidding and permit and construction: a. Project title sheet. b. Code compliance, life safety and egress. 2. Provide design, plans, sections, details and schedules for AHJ plan review, reviews, bidding and permit and construction, for all new facilities/renovations. 3. Work with mechanical and electrical disciplines during the creation of an energy code compliance check. 4. Incorporate city of Fairview Park’s standards into building materials and finishes if available. Provide materials boards and interior/exterior renderings. We have included a total of 1 material board and 1 rendering in this proposal for an anticipated architectural review board. (Garage and Addition only) Civil Scope: 1. Provide design, plans, sections, and details for AHJ plan review and construction associated with the following: a. Demolition of existing roadways (drives, islands, and aprons), structures, buildings, fences, or appurtenances in the way of the construction. Professional Services Proposal | August 27, 2025 For City of Fairview Park | Fairview Park City Hall Campus Updates Page 3 of 16 | P33125_R2.docx m WAG | RE WARNER =WV b. Proposed building pads, roadways, parking, structures, fences, and signage. c. Underground utility relocation and design. d. Erosion and sediment control. e. Grading and drainage design within the site limits. 2. Conduct interviews with the City of Fairview Park to understand the site operations and required pedestrian and traffic flows. 3. Provide a proposed site layout identifying where the improvements can be located based on the information obtained from the zoning and code review, site surveys and City of Fairview Park interviews. 4. Investigate stormwater management requirements with local authorities having jurisdiction. Structural Scope: (Service Garage & City Hall Addition) 1. Provide design, plans, sections, details, and elevations for AHJ plan review, reviews, bidding and permit and construction of the following structures: a. Service Garage: i. Building foundations and slab on grade for a metal building system. ii. Trench drains and pits. iii. Framing and stairs for an interior mezzanine. b. New City Hall Vestibule i. Provide foundations and roofing design. ii. Complete wind and snow load calculations 2. Develop a statement of Special Inspections. Structural Scope: (City Hall Renovation) 1. Provide design, plans, sections, details, and elevations for AHJ plan review and construction of the following structures: a. New mezzanine and stairs at fire department apparatus bay. i. The mezzanine will tie into existing columns. b. Third-floor reframing j. Convert sloped concrete slab into flat usable floor. ii. Floor will be light gauge metal framing or wood joists with plywood. iii. Fire blocking may be required in the floor cavity. c. Front vestibule addition i. Small (approx. 22 ft x 31 ft) glass storefront addition with flat roof. ii. Wall footings for perimeter walls. iii. Structural steel or light-gage framing for curtain wall. Professional Services Proposal | August 27, 2025 For City of Fairview Park | Fairview Park City Hall Campus Updates Page 4 of 16 | P33125_R2.docx =\Vf | RE WARNER 2. Evaluate the existing structure for interior renovation. a. Evaluate existing roof for added MEP loads. b. Evaluate existing floors for relocated interior walls. c. Evaluate which walls are load bearing and must remain. 3. Provide structural repair details per prior assessments for the following: a. Roof & envelope repairs i. Roof decking replacement in-kind with plywood. (Roof framing is assumed to be adequate.) ii. Roof patch for cupola removal. iii. Carport roof deck replacement. iv. Cleaning and repainting of existing steel carport frames. v. Low-slope elevator roof deck replacement b. Masonry lintel replacement i. Repointing of deteriorated mortar joints at exterior and interior masonry walls. ii. Replacement of spalled or cracked block units. iii. Replace deteriorated steel lintels supporting masonry veneer, particularly above west basement garage door. iv. Masonry walls are assumed to be otherwise stable and do not require wholesale replacement. c. Basement wall repairs i. Addressing water infiltration at Northeast basement storage room (wall deterioration, corroded beam end) and east corridor wall near kitchen (significant water entry). ii. Patching spalled concrete wall surfaces. ii. Cleaning and recoating corroded steel beam ends embedded in walls. Vv. Replacing interior steel lintel. v. Waterproofing the interior side of the basement wall. (Exterior excavation may be recommended.) vi. Wallis assumed to be structurally sound. d. Trench drain & floor repairs j. Replacement of trench drain in Fire Department garage with corrected slope and elevation. ii. Replacement of surrounding slab sections. iii. Assumes existing subgrades are suitable for re-pour; no foundation work anticipated. e. Basement concrete & steel repairs i. Repair of spalled/deteriorated concrete walls and ceilings in basement areas. ii. Patching at exposed reinforcing steel. Professional Services Proposal | August 27, 2025 For City of Fairview Park | Fairview Park City Hall Campus Updates Page 5 of 16 | P33125_R2.docx 3=W | RE. WARNER iii. Recoating of corroded steel framing and embedded elements in basement. 4. Develop a statement of Special Inspections. HVAC Scope: 1. Provide design drawings including plans, sections, notes, schedules, diagrams and details for AHJ plan review and construction of the following systems: Space heating and cooling systems. b. Ventilation systems including the dedicated outside air systems, general exhaust and dedicated exhaust systems. c. Condenser water systems. d. Heating hot water systems. 2. Prepare control diagrams and sequence of operations. Prepare construction specifications. 4. Work with architectural and electrical disciplines during the creation of an energy code compliance check. Plumbing Scope: 1. Provide design, plans, sections, details and specifications for AHJ plan review for demolition and new construction of the following plumbing systems: a. Natural gas. b. Domestic water. c. Sanitary Sewer. d. Compressed air. Oil waste. @ f. Storm Sewer. g. Fluid conveyance in service garage basis of design. Fire Protection Scope: 1. R.E. Warner to provide performance specification for fire suppression system for the service garage and additions for contractor and vendor coordination. 2. Forthe renovation, it shall be the responsibility of the contractor and respective vendor to modify existing system (if any) and reconfigure to the new layout provided by R.E. Warner. Electrical Scope: 1. Provide design, plans, sections, and details for AHJ plan review and construction of the following electrical systems: a. Interior lighting. ae it niente neater anette tee Professional Services Proposal | August 27, 2025 For City of Fairview Park | Fairview Park City Hall Campus Updates Page 6 of 16 | P33125_R2.docx =\Wf | RE WARNER b. Exterior/site lighting in the vicinity of the building. c. Facility power inclusive of convenience and weld outlets. d. Emergency lighting including exit signs. e. Building grounding grid. f. Communication systems showing physical locations of data outlets. 2. Work with mechanical discipline during the creation of an energy code compliance check. Opinion of Probable Cost Scope: 1. 2. Develop the following items: a. Cost and construction schedule to the accuracy feasible early in the project. b. Cost and construction schedule based on final construction documents. Provide a high-level cost estimate to the accuracy feasible early in the project. General Scope: 1. Attend the following meetings: Du pw Project kickoff meeting at City of Fairview Park. b. Bi-weekly design review meetings with the City of Fairview Park. This proposal assumes that design meetings will occur for roughly 6 months. This proposal also includes specialty design review meetings for security, access control, technology etc. c. Contractor pre-bid meeting. Provide the following onsite construction support: a. Construction site visits during construction. b. Complete construction walkthrough and create punch list. Review RFI’s during the bidding period. Review RFI’s and submittals during construction. Provide as-recorded drawings based on contractor red-line markups. Perform review of clash detection and coordination with engineering teams. Project Management Scope: > wn on a Provide a single point of contact for project communication with City of Fairview Park. Organize and lead design project meetings. Provide design meeting minutes for meetings. Create and maintain an action items list to track information transfer between City of Fairview Park and R.E. Warner. Manage project design schedule. Manage design budgets. Track design changes and coordinate approval from City of Fairview Park prior to implementation. Verify deliverables are consistent with project contract. Professional Services Proposal | August 27, 2025 For City of Fairview Park | Fairview Park City Hall Campus Updates Page 7 of 16 | P33125_R2.docx =\Vf | RE WARNER 9. Prepare permit submittals for City of Fairview Park to submit to the agency having jurisdiction for each individual bid package. 10. Submit documents as required by authority having jurisdiction for planning, architectural review board, zoning, plan review and building permit procurement. DELIVERABLES 1. Prepare digital copies of civil, landscape, structural, architectural, mechanical, electrical, and plumbing drawings for review, bid, and construction issues. Prepare digital copies of construction specifications. Paper copies requested by the client will be invoiced in accordance with our current rate sheet. Prepare scope of work portion of construction specifications. Prepare equipment cost estimates. Prepare record status drawing revisions based on marked prints furnished by the contractor. Original drawings will be delivered to City of Fairview Park upon completion of the project. oN AMR wWhH Document files in AutoCAD format(.dwg) will be delivered to City of Fairview Park upon completion of the project. These files are for your use and reference only. Because of potential data degradation and for record purposes, we will maintain an electronic copy of each document in portable document format (Adobe PDF) as the copy of record. Modification of the electronic media without our written permission is at the sole risk of the user. RESPONSIBILITIES OF CITY OF FAIRVIEW PARK AND/OR OTHERS 1. Designate a representative with the authority to receive information and transmit instructions. It is understood that in performing professional services, R.E. Warner is not authorized to act as City of Fairview Park’s agent in regard to contractual matters with others who may be involved in the project. 2. Provide requirements for the project including objectives, constraints, design and construction standards and reference drawings. Arrange for safe, unrestricted access to the project site as required. 4. Inform R.E. Warner of all known or suspected hazardous substances, materials or constituents that may be present at the job site. Obtain any and all consents, approvals, licenses and permits necessary for the project. Provide construction and equipment contract inquires and awards. Provide construction supervision and safety compliance. Provide detail shop drawings and submittals of structural steel, rebars, miscellaneous steel, and on Wo finishes, etc. 9. Provide record information to allow preparation of record status drawings by R.E. Warner. 10. Provide existing drawings of any facility to remain immediately after proposal acceptance. Professional Services Proposal | August 27, 2025 For City of Fairview Park | Fairview Park City Hall Campus Updates Page 8 of 16 | P33125_R2.docx R=W RE WARNER CLARIFICATIONS AND EXCEPTIONS (C&E} General C&E: 1. This proposal assumes all project standards will be based on R.E. Warner design and drawings standards. These standards include but are not limited to drawing standards, title blocks and preferred material specifications. If required, incorporation of client standards can be completed at an additional cost to this proposal. 2. Demolition of existing service structure is to be the responsibility of the contractor. This will only be shown as an outline and general notes for reference on REW’s drawings. This proposal includes modeling in Revit to LOD 300 or AutoCAD Plant 3D (“Plant 3D”) to LOD 200. 4. It has been assumed the required geotechnical recommendations are available. If additional information is not available, R.E. Warner can provide a bid specification for procurement of geotechnical services at an additional cost to this proposal. 5. It has been assumed the required site survey data is available. If additional information is not available, R.E. Warner to provide only boundary survey 6. This proposal assumes all environmental engineering will be by others. EPA permits, permits submission and modeling/drawings for permitting will only be completed as noted in the project scope. 7. This proposal assumes existing architectural, utility, equipment, mechanical, electrical, civil and structural drawings for city hall will be provided in AutoCAD, Revit, and/or Plant 3D (as applicable) format suitable for our use. Field work to determine existing conditions has not been included in this proposal. If additional fieldwork outside of what is included in this proposal is required, these services can be provided at an additional cost to this proposal. 8. This proposal assumes drawings submitted for review will be fully reviewed by City of Fairview Park to confirm direction is consistent with expectations. Design decisions on progress reviews should be identified at this time and adjustments to direction should be made through review comments and meetings. 9. It has been assumed that all meetings and communication can be completed via the meetings noted in the project scope. If additional weekly call-in meetings or travel for meetings is required, these services will be billed for travel and working time based on R.E. Warner’s standard rate sheet for the year the services were completed. 10. We will provide assistance with building permit applications, however, building permit fees and submittals to city, county and state agencies will be by City of Fairview Park. 11. Book specifications will be provided 12. The proposal assumes all underground utility locations will be provided by City of Fairview Park. The use of ground penetrating radar and/or pot holing has not been included in the cost of this proposal. 13. Property research and title work have not been included in the cost of this proposal. Professional Services Proposal | August 27, 2025 For City of Fairview Park | Fairview Park City Hall Campus Updates Page 9 of 16 | P33125_R2.docx 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. —=Wf |= RE WARNER This proposal includes 1 presentation rendering. Because R.E. Warner has no control over the cost of labor, materials, or equipment, over contractors’ methods of determining prices, or over competitive bidding or market conditions, R.E. Warner's opinions of probable construction cost are made on the basis of R.E. Warner professional judgement and experience. R.E. Warner makes no warranty, express or implied, that the bids or negotiated cost of the work will not vary from R.E. Warner’s opinion of probable cost. This proposal assumes supply chain mitigation will not be required during construction. This proposal includes iterations of design. In order to define scope and estimate time iterations of floor plans and elevations has been limited to 2. Asbestos Containing Material (ACM) and Lead-Based Paint (LBP) assessments and reports are not included in this scope. Client review comments are expected within 5 business days of submittal. Delays in review or late-stage design changes may impact schedule and budget. This proposal does not include services related to unforeseen site conditions, such as unknown utilities, buried structures, or hazardous materials. If encountered, additional services will be proposed. While we always design sustainably this project does not include any green building certifications such as WELL or LEED certifications. Any excluded items listed above can be included as an amendment to this proposal. Contract administration is not included in this proposal (per meeting on 08/27/2025) Civil C&E: This proposal includes analysis of the stormwater system and investigating local AHJ requirements but does not include any stormwater management design, including but not limited to water quality & quantity reductions. It has been assumed that all stormwater management requirements have been met and will be maintained in the future condition. If stormwater management design is required, this service can be provided at an additional cost. This proposal only includes existing utility and storm reconnections. If new services are required, this work will be performed at R.E. Warner standard T&M rate. A traffic flow study has not been included in this proposal. If deemed necessary, a traffic flow study can be performed at R.E. Warner standard T&M rate. This proposal excludes the visitor parking expansion north of the existing City Hall building. Design of this area will be provided at an additional cost. Design of off-site improvements, including roadway modifications, utility extensions beyond property limits, or traffic signal coordination, is excluded unless specifically noted. Professional Services Proposal | August 27, 2025 For City of Fairview Park | Fairview Park City Hall Campus Updates Page 10 of 16 | P33125_R2.docx _ | =\Vf | RE WARNER Structural C&E: (Service Garage) 1. This proposal does not include any effort for design, coordination, or specification of any crane systems for the service garage. These services can be provided at an additional cost to this proposal. 2. This proposal assumes that shallow spread footers will be adequate to support the metal building columns. If deep foundations, such as caissons or piles, or soil stabilization, such as rammed aggregate piers, are required for this site, additional design and specifications will be required at additional cost to this proposal. 3. This proposal does not include any design effort for excavation or shoring design during construction. 4. R.E. Warner will not provide a final pre-engineered metal building 3D model or show final metal building steel on drawings. Any steel shown in the model or on drawings is only for reference and is estimated shapes, sizes, and layout. It is assumed a 3D model from the metal building supplier will be used for clash detection during the construction phase. w It is assumed the metal building columns will have pinned column baseplates. D This proposal assumes one iteration for design of the metal building foundations. If foundations need to be submitted prior to receiving final reactions, redesigned more than once, value engineered after final foundation design has been submitted, or if final building reactions are revised, the additional design required for this can be provided at additional cost to this proposal. 7. For metal buildings reactions, crane loads must be reported separately. If crane loads are combined with other reactions, it will be assumed that they are provided as live loads, and the building foundations will be sizes accordingly, likely larger than what would have been required otherwise. Structural C&E: (City Hall Addition) 1. This proposal assumes that the city hall addition will be a metal building system (also known as a pre-engineered metal building). No design effort has been included for any building envelope framing or shear walls. 2. This proposal assumes that the new building will not impart any additional snow drift loads on the adjacent building. This assumption will be verified during design. If it is determined that the existing structures will receive additional snow drift loading, analysis of the existing structures can be provided at an additional cost to the project. 3. The proposal assumes that no new fire wall or fire separation design is needed. 4. This proposal assumes that the building addition will be structurally isolated from the existing building and structure. See ee STS ili inner ea erm tntenanemreetenee Professional Services Proposal | August 27, 2025 For City of Fairview Park | Fairview Park City Hall Campus Updates Page 11 of 16 | P33125_R2.docx =\Vf | R.E. WARNER 5. This proposal does not include any effort for design, coordination, or specification of any crane systems for the city hall addition. These services can be provided at an additional cost to this proposal. 6. This proposal assumes that shallow spread footers will be adequate to support the metal building columns. If deep foundations, such as caissons or piles, or soil stabilization, such as rammed aggregate piers, are required for this site, additional design and specifications will be required at additional cost to this proposal. 7. This proposal assumes that new foundations will be independent and not tie into or rely on existing foundations for support. 8. This proposal does not include any design effort for excavation or shoring design during construction. 9. R.E. Warner will not provide a final pre-engineered metal building 3D model or show final metal building steel on drawings. Any steel shown in the model or on drawings is only for reference and is estimated shapes, sizes, and layout. It is assumed a 3D model from the metal building supplier will be used for clash detection during the construction phase. 10. It is assumed the metal building columns will have pinned column baseplates. 11. This proposal assumes one iteration for design of the metal building foundations. If foundations need to be submitted prior to receiving final reactions, redesigned more than once, value engineered after final foundation design has been submitted, or if final building reactions are revised, the additional design required for this can be provided at additional cost to this proposal. 12. For metal buildings reactions, crane loads must be reported separately. If crane loads are combined with other reactions, it will be assumed that they are provided as live loads, and the building foundations will be sizes accordingly, likely larger than what would have been required otherwise. Structural C&E: (City Hall Renovation) 1. This proposal assumes the existing structure will be adequate for additional loads resulting from the expansion/modification. Structures with loads added will be evaluated to verify this assumption. If it is determined that reinforcing is required, design can be provided at an additional cost to this proposal. 2. The scope of the work does not include design of connections or evaluation of existing connections (weld sizes, lengths, and gusset plates, etc.). 3. This proposal assumes that existing drawings of all structural steel and foundations are available and up to date, including any modifications since original construction. Limited fieldwork has been included to verify this assumption. If it is found that the existing structure varies substantially from the existing drawings, additional effort may be required beyond this proposal to capture the true existing conditions. Professional Services Proposal | August 27, 2025 For City of Fairview Park | Fairview Park City Hall Campus Updates Page 12 of 16 | P33125_R2.docx =\Wf = sR E WARNER | 4. Detailed field measurements of existing member sizes, locations, welds, connections and physical condition are excluded from this proposal. 5. This proposal does not include any structural observation or inspection of existing structure conditions for the renovations. 6. This proposal assumes that the structural importance factor will not change due to the new process or equipment being installed. 7. The proposal assumes that no new fire wall or fire separation design is needed. This proposal assumes that the walls being demolished in the interior spaces are not structural walls. Time is included to confirm this assumption, however no structural demolition drawings or design for this demolition is included in this scope. Electrical C&E: 1. Backup and emergency generation has been excluded from the scope of this proposal. If a backup/emergency generator is required, this can be designed at an additional cost to this proposal. 2. Communication, security and technology design is limited to backbone wiring between communication equipment. Equipment specification and selection is by others. It is assumed that the City has their already established vendors that these systems will need to tie into. Should these services be needed they can be added as an amendment to this proposal. An arc flash study is not included in this proposal. 4. Fire alarm design has been excluded from this proposal. The site fire alarm supplier should be contracted to extend their system into the new building. 5. Lightning protection has been excluded from this proposal. 6. It is assumed that equipment vendors will be supplying wiring diagrams for their designed equipment. Wiring diagrams not provided by equipment vendor can be performed at an additional cost to this proposal. Electrical C&E: (City Hall Renovation) 1. It is assumed that the existing electrical service has capacity and space for the addition of the new building loads. A new utility service has not been included. R.E. Warner will need loading of the existing service to determine if the new loads can be added. If the owner cannot provide this loading then metering of the service over time will be required. This metering has not been included in this proposal. nem nepal i iii tina Professional Services Proposal | August 27, 2025 For City of Fairview Park | Fairview Park City Hall Campus Updates Page 13 of 16 | P33125_R2.docx =\Vf | RE. WARNER Plumbing C&E: 1. The proposal assumes existing utilities are adequate for the additional demand. Analysis of the natural gas, sanitary sewer and domestic water systems will be completed from the tie in location. If additional study or modification of any existing utility systems is required, these services can be provided at an additional cost to this proposal. 2. Design assumes existing utility capacity is sufficient. If upgrades are required, additional design services will be proposed. KEY PERSONNEL Mr. Ted Beltavski, PE will be the project officer. Mr. Jose Rivera will serve as project manager. SCHEDULE (REVISED 08/27/25) Work will begin upon receipt of signed contract or PO issuance. The following list anticipates the duration for each project milestone based on the understanding of the project and scope at the time of this proposal issuance. If the timeline for the project is affected by items outside of R.E. Warner’s control, R.E. Warner will contact the client to discuss changes. Please note that a 5-day owner review time period is included. Service Garage: with an anticipate date of October 13, 2025 e 30% Submission: 4 weeks > Due: November 10, 2025 e 60% Submission: 4 weeks > Due: December 8, 2025 e 90% Submission: 4 weeks > Due: January 5, 2026 e Permit Submission: 2 weeks > Due: January 22, 2026 City hall Addition & Renovation can run concurrently to avoid delays and allow simultaneous construction. City Hall Addition: e 30% Submission: November 17, 2025 e 60% Submission: December 22, 2025 e 90% Submission: January 26, 2026 e Permit Submission: February 9, 2026 City Hall Renovations: e 30% Submission: December 1, 2025 e 60% Submission: January 5, 2026 e 90% Submission: February 9, 2026 e Permit Submission: February 23, 2026 Professional Services Proposal | August 27, 2025 For City of Fairview Park | Fairview Park City Hall Campus Updates Page 14 of 16 | P33125_R2.docx = | RE. WARNER ENGINEERING COST (REVISED 08/27/2025) e Ourservices covered herein will be provided for a lump sum amount of $839,000.00. Below is the breakdown of design services per scope: Site Work: $139,000 New Service Garage: $282,000 Renovation of city hall: $251,000 New Addition to city hall: $167,000 e Owner's representative fee is not included in the fee above. METHOD OF PAYMENT Payment for our services will be monthly. Our invoices will be based upon our estimate of the proportion of the total services actually completed at the time of billing. TERMS AND CONDITIONS All services will be performed in accordance with the attached Professional Service Contract Standard Terms and Conditions dated April 7, 2025. Authorization by the Client to proceed, whether oral, email or written, constitutes acceptance of the terms and conditions of this Agreement, without modification, addition or deletion. No waiver or modification of the terms and conditions set forth herein will be binding upon R.E. Warner unless made in writing and signed by the firm’s authorized representative. VALIDITY This proposal is valid for 90 calendar days. Acceptance at a later date will require confirmation or modification of schedule and costs. work new scope that triggers a change order after December 31, 2025 is subject to 5% increase annually. CONFIDENTIALITY This proposal reflects our knowledge of your requirements and our unique approach to addressing those requirements. Since we do not receive a fee for this proposal, this document should be considered proprietary property of R.E. Warner and should not be disclosed in any way to other parties without the written consent of R.E. Warner. Professional Services Proposal | August 27, 2025 For City of Fairview Park | Fairview Park City Hall Campus Updates Page 15 of 16 | P33125_R2.docx == | RE WARNER ACCEPTANCE If you find the proposal acceptable, please sign and return one copy of this agreement. This will serve as our formal authorization and agreement to provide these services. If you prefer to issue a purchase order, please send to ARReceipts@REWarner.com reference Proposal No. P33125-R2. We have created this proposal to meet the unique needs of you and your project. If you have any questions or would like to discuss any aspects of this proposal in further detail, please call Jose anytime at 440-547-6339 (cell). Sincerely, R.E. WARNER & ASSOCIATES, INC. Se Rivera ay my Kalin, RA, LEED AP Senior Project Manager Market Director — Commercial/Government JR/jis Enclosures: Professional Service Contract Standard Terms and Conditions dated April 7, 2025 R.E. WARNER & ASSOCIATES, INC. CITY OF FAIRVIEW PARK By By Theodore A. Beltavski, PE Title President & Chief Executive Title Officer Date August 27, 2025 Date Professional Services Proposal | August 27, 2025 For City of Fairview Park | Fairview Park City Hall Campus Updates Page 16 of 16 | P33125_R2.docx 1.2. 1.3. 2.2. 2.3, EW Agreement. These Professional Services Contract Standard Terms and Conditions (the “Terms and Conditions”) are attached to and supplement the Proposal for Engineering Services (the “Proposal”) between R. E. Warner & Associates, Inc. (“R.E. Warner”) and the Client (as defined in the Proposal) for the services on the Project (as defined in the Proposal). Together, these Terms and Conditions and the Proposal shall form the agreement between the parties (“Agreement”). To the extent that these Terms and Conditions conflict with the Proposal, the Proposal shall control. In the event of a conflict between the terms of this Agreement and the terms of any other agreement entered into by the parties in connection with the Project, whether written or oral, the terms of this Agreement shall control. The Proposal and the Terms and Conditions embody the entire agreement between R.E. Warner and Client in connection with the project. Payment. R.E. Warner shall submit invoices for services rendered and reimbursable expenses incurred as described in the Proposal. Invoices are due upon receipt and shall be considered past due if not paid within 30 calendar days of the due date. A service charge of one-and-one-half (1.5) percent of the past due amount per month, may be applied to past due invoices, calculated from the invoice due date. R.E. Warner may, after giving seven (7) days' written notice to Client, terminate this Agreement or suspend services until it has been paid in full all amounts due to it. R.E. Warner will assume no liability to Client for any costs or damages as a result of any termination or suspension due to non-payment under paragraph 2.2 above. The Client agrees to pay all costs of collection, including reasonable attorney’s fees, resulting from Client’s failure to make payment in accordance with this Agreement. Standard of Care. In providing services under this agreement, R.E. Warner shall perform in a manner consistent with that degree of care and skill ordinarily exercised under similar circumstances by members of its profession at the same time and in the same or similar locality (the “Standard of Care”). Regardless of any other term or condition of this Agreement, nothing in this Agreement shall require R.E. Warner to perform professional services to a standard that exceeds the Standard of Care and R.E. Warner makes no warranty, express or implied, as to its professional services rendered under this Agreement. Accordingly, Client should prepare and plan for clarifications and modifications, which may impact both the cost and schedule of the Project. Timeliness of Performance. Client and R.E. Warner are aware that many factors outside R.E. Warner's control may affect R.E. Warners ability to complete the services to be provided under this Agreement. R.E. Warner will perform these services with reasonable diligence and expediency consistent with the Standard of Care but is not responsible for delays outside its control. Reuse of Documents: Ownership. R.E. Warner retains ownership of all documents prepared by R.E. Warner, whether or not incorporated into any final work product, as instruments of service. Consultant grants the Client a nonexclusive license to 6.2. 7. 8.2. 8.3. R. E. Warner & Associates, Inc. Professional Services Contract Standard Terms and Conditions | 4.07.2025 PROFESSIONAL SERVICES CONTRACT STANDARD TERMS AND CONDITIONS use documents produced by the Consultant for the sole and exclusive purpose of constructing, using, maintaining, altering, and adding to the Project, provided the Client substantially performs its obligations under this Agreement including payment of all sums when due. If this Agreement is terminated, the license granted in this section shall terminate. Any use or reuse of Consultant’s documents absent the Consultant's participation shall be at the sole risk of the Client, who, to the fullest extent permitted by law, shall release, indemnify, defend and hold harmless the Consultant from any and all claims or damages arising from such use. Termination. Client or R.E. Warner may terminate this Agreement for any reason upon giving the other party twenty (20) calendar days’ written notice. In the event the Agreement terminates for any reason, Client shall pay R.E. Warner for all services rendered and all reimbursable costs up to the effective date of termination. In addition, where Client terminates for convenience, Client shall pay R.E. Warner for all expenses reasonably incurred by R.E. Warner in connection with the orderly termination of this Agreement, including but not limited to associated overhead costs and all other expenses directly resulting from the termination. Defects in Service. Client shall promptly report to R.E Warner any defects or suspected defects in R.E. Warner's services. Client further agrees to impose a similar notification requirement on all contractors in its Client/Contractor contract and shall require all subcontracts at any level to contain a like agreement. Failure by Client and Client’s contractors or subcontractors to notify R.E. Warner shall relieve R.E. Warner of the costs of remedying the defects above the sum such remedy would have cost had prompt notification been given when such defects were first discovered. Indemnification. R.E. Warner shall, to the fullest extent permitted by law, indemnify and hold Client and its officers, directors, and employees harmless from and against damages or losses, but only to the extent caused by negligent performance of professional services under this Agreement by R.E. Warner or anyone for whom R.E. Warner is legally liable. Notwithstanding the foregoing agreement to indemnify and hold harmless, the parties expressly agree that R.E. Warner has no duty to defend the Client from and against any claims, causes of action, or proceedings of any kind. Client shall, to the fullest extent permitted by law, indemnify and hold harmless R.E. Warner, its officers, directors, employees, and subconsultants against all damages or liabilities, to the extent caused by Client’s negligent acts, errors, or omissions in connection with the Project, as well as the acts, errors, or omissions of anyone for whom Client is legally liable. Neither the Client nor R.E. Warner shall be obligated to indemnify the other party in any manner whatsoever for the other party’s own negligence, or that of any other party for whom the indemnifying party is not legally liable. Controlling Law; Jurisdiction; Venue. Client and R.E. Warner agree that this Agreement and any legal actions concerning its Page 1 of 2 10. 10.1. 10.2. 11. 12. 13. 14. 15. 16. R. E. Warner & Associates, Inc. Professional Services Contract Standard Terms and Conditions | 4.07.2025 validity, interpretation, and performance shall be governed by the laws of Ohio without regard to any conflict of laws provisions, which may apply to the laws of other jurisdictions. It is further agreed that any legal action between the Client and the R.E. Warner arising out of this Agreement or the performance of the services shall be brought solely in a court of competent jurisdiction in Ohio. Assignment. Neither party to this Agreement shall transfer, sublet, or assign any rights or duties under or interest in this Agreement without the prior written consent of the other party. Subcontracting to subconsultants, normally contemplated by R.E. Warner as a generally accepted business practice, shall not be considered an assignment for purposes of this Agreement. Nothing in the Agreement shall be construed to give any rights or benefits to anyone other than parties hereto. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same instrument. Severability. If any provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions of this Agreement shall remain valid and binding. Waiver. The failure or delay of either party to insist upon a strict performance of any right hereunder shall not be deemed a waiver of any rights or remedies that either party may have nor a waiver of any subsequent breach or default in any of such agreements, terms, covenants, or conditions. Limitation of Liability. To the maximum extent permitted by law, Client agrees to limit R.E. Warner's liability for Client’s damages to the sum of $50,000, or ten percent of the final total of this Agreement, whichever is greater (the “Limitation Amount”), and further, in no event shall the Limitation Amount exceed the amount of insurance proceeds actually available to R.E. Warner for the claim at issue at the time of settlement or final judgment. This limitation shall apply regardless of the cause of action or legal theory pled, claimed, or asserted. Consequential Damages. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither Client nor R.E. Warner, their respective officers, directors, partners, employees, contractors or subconsultants, shall be liable to the other or make any claim for any incidental, indirect or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation, and any other consequential damages that either party may have incurred from any cause of action including without limitation negligence, strict liability, breach of contract, and breach of strict or implied warranty. Both the Client and R.E. Warner shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in the Project. Third-Party Beneficiaries. R.E. Warner's services under this Agreement are being performed solely for the Client’s benefit, and no other party or entity shall have any claim against the R.E. Warner because of this Agreement or the performance or nonperformance of services hereunder. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either Client or R.E. Warner. Client and R.E. Warner agree to require a similar provision in all contracts with other entities involved in this 17. 18. 19. 20. 21. 22. Project to carry out the intent of this provision. Betterment. If a required item or component of the Project is omitted from R.E. Warner's deliverables, R.E. Warner shall not be responsible for the cost required to add or correct such item or component to the extent the cost would have been incurred had the item, component, or service been included in the original deliverables. In no event will R.E. Warner be responsible for any cost or expense that provides betterment or upgrades or enhances the value of the Project. Hazardous Materials. R. £. Warner shall have no responsibility for the discovery, presence, handling, removal, disposal or exposure of persons to hazardous materials of any form. Client agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless R. E. Warner and its officers, directors, employees, agents and subconsultants from and against any and all claims arising out of or in any way connected with any hazardous materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability, regulatory or any other cause of action, except for the sole negligence or willful misconduct of R. E. Warner. Force Majeure. Any delays in or failure of performance by either party under this Agreement, or any other agreement executed in connection therein, shall not constitute default hereunder or give rise to any claims for damages against said party if and to the extent caused by occurrences beyond the control of the party affected. Insurance. During the term of this Agreement, R. E. Warner agrees to provide evidence of insurance coverages as listed on the attached Certificate of Liability Insurance. Certification, Guarantees, Warranties. R. E. Warner shall not be required to execute any document that would result in R. E. Warner certifying, guaranteeing or warranting the existence of any conditions. R. E. Warner makes no warranty either express or implied as to R. E. Warner’s findings, recommendations, plans, specifications, drawings, or professional advice. The Client recognized and accepts that R. E. Warner owes no fiduciary responsibility to the Client. Dispute Resolution. Claims, disputes, and other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be submitted to nonbinding mediation as a condition precedent to formal binding dispute resolution. Unless the parties mutually agree otherwise, mediation shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. Costs of mediation shall be equally borne by R.E. Warner and Client. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. If such matter relates to or is the subject of a lien arising out of R.E. Warner’s services, R.E. Warner may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Any action unresolved through mediation shall be subject to litigation in accordance with Paragraph 9 above. This provision shall survive and continue after execution and delivery of this Agreement. Page 2 of 2 @ DATE (MMIDD/YYYY' ACORD CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER BEAST Amanda Klemm The James B. Oswald Company Ey: 216-777-6140 Fax Noy: 216-839-2815 1100 Superior Avenue, Suite 1500 AiG Ni Cleveland OH 44114 AppREss: aklemm@oswaldcompanies.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Hartford Underwriters Ins. Co. 30104 INSURED WARNE-2] isuRER B : Nutmeg Insurance Company oe Srenet © fssce ets, Inc. INSURER C : XL Specialty Insurance Co. |__ 37885 25777 Detroit Road Suite 200 Westlake OH 44145-9400 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1606133124 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. i TYPE OF INSURANCE POLICY NUMBER MIMIDDIYYYY. MMDDIVYYY LIMITS COMMERCIAL GENERAL LIABILITY 45 SBW AT5D5T 8/22/2024 8/22/2025 | EACH OCCURRENCE $ 1,000,000 xX DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ 1,000,000 Al Primary & MED EXP (Any one person) $ 10,000 Non-Contributory PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: | GENERAL AGGREGATE $ 2,000,000 pouicy | X | FB | X | Loc PRODUCTS - COMP/OP AGG | $ 2,000,000 OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY 45 UEG GC9775 DD 8/22/2024 | 8/22/2025 | fa‘accident) $ 1,000,000 X | ANY AUTO BODILY INJURY (Per person) SCHEDULED SeneD BODILY INJURY (Per accident) OWNED AUTOS ONLY X | HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY | (Per accident) X Al Primai X | UMBRELLA LIAB 45 SBW AT5D5T 8/22/2024 8/22/2025 EACH OCCURRENCE $ 10,000,000 EXCESS LIAB AGGREGATE $ 10,000,000 Excludes Professional $ WORKERS COMPENSATION 45 SBWATSDST 8/22/2024 | 8/22/2025 PER x : ; AND EMPLOYERS' LIABILITY YIN STATUTE Ohio Stop Gap ANYPROPRIETOR/PARTNERVEXECUTIVE [7y E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE| $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT | $ 1,000,000 Professional Liability DPR5032881 8/22/2024 8/22/2025 | Each Claim $5,000,000 Claims Made Aggregate $7,000,000 Retro Date: 01/01/1951 Pollution & Envir. Liability Incuded DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional Insured and Waiver of Subrogation as designated above is provided when required of the Named Insured by written contract or agreement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. R.E. Warner & Associates, Inc. 25777 Detroit Road AUTHORIZED REPRESENTATIVE Westlake, OH 44145-9400 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor 440-333-2200 (City Hall) www.fairviewpark.org MEMORANDUM TO: Council President Kilbane and Members of City Council FROM: Mayor Bill Schneider ORGINATED BY: Megan Otter, Assistant Development Director RE: R.E. Warner Agreement – Phase 2 DATE: September 2, 2025 The Administration of the City of Fairview Park (“City”) requests the following Ordinance to be passed after three readings with emergency enactment: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AGREEMENT WITH R.E. WARNER FOR THE CITY HALL CAMPUS PROJECT PHASE 2 AND DECLARING AN EMERGENCY City Council passed Ordinance 25-15 on April 7, 2025, authorizing the Mayor to enter into an agreement with R.E. Warner to do Phase 1 of the City Hall Administration Building, Police and Fire Stations which included: • Full redesigned layout • Addition of a new vestibule for City Hall, • Addition for the Police Station During Phase 1, R.E. Warner communicated with personnel to identify needs and operational hurdles that faced each department. Phase 1 is now completed and the City will be moving on to Phase 2. The scope of work for Phase 2 of the Project includes the following and is also in the agreement (Exhibit A). R.E. Warner will provide design and drawings for the following disciplines: 1. Survey 2. Landscape 3. Demolition 4. Architectural 5. Civil 6. Structural 7. HVAC 8. Plumbing 9. Fire Protection 10. Electrical The estimated fee for costs is eight hundred thirty-nine thousand dollars ($839,000.00) to be paid from the Capital Projects Fund (Fund 811). Phase 1 of the City Hall Project is completed, and R.E. Warner will be presenting preliminary designs and site plan to City Council at the Committee Meeting on September 8, 2025. The City Administration respectfully requests passage of the proposed legislation as an emergency to allow for sufficient time for R.E. Warner to do the scope of work in a timely manner. 20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor 440-333-2200 (City Hall) www.fairviewpark.org cc: A. Steven Dever, Law Director Jennifer Pae, Finance Director/HR Manager Liz Westbrooks, Clerk of Council Bryan Hitch, Service Director Ordinance 25-53 | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO.: 25-53 REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILWOMAN KING AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE CUYAHOGA COUNTY BOARD OF HEALTH FOR HEALTH SERVICES FOR THE YEARS 2026 AND 2027 WHEREAS, Chapter 3709 of the Ohio Revised Code mandates that all Ohio municipalities must provide health services either through a city health district or by a valid contract with the county health district; and WHEREAS, in the past, the City of Fairview Park has contracted for such services with Cuyahoga County Board of Health; and WHEREAS, the District Advisory Council of the Cuyahoga County General Health District authorized the Chairman of the District Advisory Council to enter into a contract with the City of Fairview Park to provide such services for the years 2026 and 2027. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. The Mayor is hereby authorized to enter into a contract with the Cuyahoga County Board of Health for public health services for the calendar years 2026 and 2027 (attached as Exhibit A). The cost for calendar year 2026 will not exceed one hundred fifty-four thousand nine hundred twenty-seven dollars ($154,927.00) and for calendar year 2027 will not exceed one hundred seventy-three thousand six hundred two dollars ($173,602.00) to be deducted from the City's taxes by the County Fiscal Officer, and will be charged to the General Fund, County Health line item (100.7770.5243l 00). The City shall pay the sum stated herein in equal, semi-annual installments of seventy-seven thousand four hundred sixty-three dollars and fifty cents ($77,463.50) in calendar year 2026 and eighty-six thousand eight hundred one dollars ($86,801.00) for calendar year 2027 from the regular property tax settlement to be made for the City for calendar years 2026 and 2027. SECTION 2. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that 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. SECTION 3. This Ordinance shall take effect and be in force from and after the earliest period allowed by law. Ordinance 25-53 | Page 2 PASSED: 1st reading: 09.15.25 APPROVED: 2nd reading: 3rd reading: ______________________________________ William F. Minek, Council President Pro Tem ______________________________________ Bill Schneider, Mayor ______________________________________ Liz L. Westbrooks, Clerk of Council Exhibit A PUBLIC HEALTH SERVICES AGREEMENT (City with a General Health District - Authority--Sec. 3709.08 O.R.C.) This Agreement is entered into on the 1* day of January, 2026 (“Effective Date”) by and between the Cuyahoga County Board of Health (the "Board"), a separate political subdivision of the State of Ohio organized under the Constitution and Laws of the State of Ohio, and the City of Fairview Park, a political subdivision, with its principal office located at 20777 Lorain Rd Fairview Park, Ohio 44126 (the “City”), for and in consideration of the promises, covenants, and conditions hereinafter set forth. WHEREAS, Cuyahoga County Board of Health is a general health district as defined under Ohio Revised Code (ORC) Section 3709.01 and is endowed with all of the statutory and other authority granted to it by reason of the Ohio Statutes as amended from time to time by the State Legislature; and WHEREAS, the City has continued to have a city public health district as required by Ohio law, and WHEREAS, pursuant to ORC Section 3709.01, each city in the State constitutes a health district and each county is a "general health district," and as provided for in ORC Sections 3709.051, 3709.07, and 3709.10, there may be a union of a general health district and a city health district; and WHEREAS, ORC Section 3709.08 authorizes cities and villages in Cuyahoga County to enter into an Agreement with the Cuyahoga County General Health District on certain terms and conditions; and WHEREAS, the District Advisory Council of the Cuyahoga County General Health District, created by ORC 3709.03, after giving due notice by publication as required by law, held a public meeting on March 20, 2025 at which by a majority vote of members representing the townships and villages of said county, did vote affirmatively on the question of providing public health services to the cities in Cuyahoga County, and did authorize the Chairman of the District Advisory Council to enter into an Agreement with the Mayor of the City for providing public health services therein, and WHEREAS, the Board is engaged in the governance of providing public health services as described in this Agreement, has the knowledge, skill, and resources to provide such services, and desires to perform such services for or on behalf of the Board for the City; and WHEREAS, the City is willing to enter into an Agreement with the Board to provide such services in accordance with the terms and conditions of Ohio law and this Agreement. NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: 1. EFFECTIVE DATE, TERM AND TERMINATION. (a) Effective Date, Term. This Agreement shall commence on the Effective Date first stated above and shall continue through December 31, 2027, unless earlier terminated pursuant to Section 1(b). (b) Termination. This Agreement may be terminated upon the occurrence of one of the following events: (i) Failure for any reason of the either party to fulfill its obligations under this Agreement, after written notice is provided by the non-breaching party of such failure providing at least ninety (90) days for the breaching party to correct any such failure, and if such failure is not corrected within said period, the non-breaching party may give written notice of immediate termination; Page 1 of 7 (a) (b) (c) (d) (a) (b) (ii) Upon nine (9) months written notice, or on or before April 1 of the year prior to termination by either party for any reason. THE SERVICES. Scope of Services. Subject to the terms and conditions contained in this Agreement and its exhibits, the Board will provide to the City and, as applicable, to all persons receiving the direct services provided for herein, the Services that are set forth and described in the Scope of Work (SOW) attached as Exhibit A, which Exhibit is incorporated herein. Unless otherwise agreed by the Parties in writing, all transactions for Services through Board will be provided in accordance with the provisions of Ohio law and/or this Agreement, including any revisions of the same, as both Parties may from time to time execute to document the addition, revision, or enhancement of Services. Standard of Performance of Services. The Board will devote such time and will use its best efforts as necessary to perform the Services in a professional manner that: (i) is consistent with the standards of its industry and in a good and workmanlike manner, and (ii) utilizes the care, skill, and diligence normally applied by other similar boards of health in the performance of services similar to the Services. The City shall provide suitable space for the Board employees who make regular visits to the City on a daily or weekly basis. PAYMENT. Compensation. Compensation is based on the ten (10) year census population estimate for the City and a per capita rate established by the Board. The per capita rate is the same rate applied to all Villages, Townships in the general health district as well as for all cities that enter into a Public Health Services Agreement with the Board. The most recent ten (10) year census for population in the City dated September 2021, is 17,291 residents. The current per capita rate established by the Board is $8.96 per capita for calendar year 2026 and $10.04 per capita for calendar year 2027. The total amount due based on the per capita rate will be One hundred and fifty-four thousand nine hundred and twenty-seven dollars ($154,927.00) for calendar year 2026 and be One hundred and seventy-three thousand, six hundred and two dollars ($173,602.00) for calendar year 2027. The Board reserves the right to change its per capita rate, as considered on an annual basis, based on current economic conditions and public health needs. In the event that the Board votes to make a change in the per capita rate, said change shall be limited to annual rates effective on January 1 for the following calendar year. The Board shall provide notice of the change in the per capita rate for the coming calendar year on or before October 31st of the current calendar year. In consideration for the health services described in Exhibit A, which will be provided by the Board to and within the City, the City shall pay to the Board the total annual sum One hundred and fifty-four thousand nine hundred and twenty-seven dollars ($154,927.00) for calendar year 2026 and the total annual sum of One hundred and seventy-three thousand, six hundred and two dollars ($173,602.00) for calendar year 2027. The City hereby directs the Fiscal Officer of Cuyahoga County to place to the credit of the Board and the Fiscal Office of Cuyahoga County is hereby authorized and directed to deduct the sum stated above in equal, semi-annual installments of Seventy-seven thousand, four hundred and sixty- three dollars and fifty cents ($77,463.50) from the regular property tax settlement to be made for said City for calendar year 2026 and Eighty-six thousand, eight hundred and one dollars ($86,801.00) from the regular property tax settlement to be made for said City for calendar year 2027. Page 2 of 7 4, RECORDS. (a) (b) (c) The Board shall maintain copies of all records created or received by the Board in the performance of the work under this Agreement as required by Ohio’s public records law. Any records created or received as a part of this Agreement shall be made available to the City upon request subject to exceptions listed below. Any non-private health information in confidential records or information in the records created by the Board or that come into the possession of the Board under this Agreement shall, if provided to the City, be kept confidential by the City. The Board is prohibited by State and Federal law from sharing protected health information and said records will not be shared with the City unless there is compliance with the proper method for release of said information. 5. NO ASSIGNMENT, TRANSFER, OR SUBAGREEMENT. In performing the services specified under the terms of this Agreement, the Board shall not assign, transfer, or delegate any of the work or services, nor subcontract the work out to any other entity, nor shall any subcontractor commence performance of any part of the work or services included in this Agreement, unless such subcontracting is specified in this Agreement or its Exhibits, or unless prior written consent is provided by the City. 6. INDEPENDENT AGREEMENT. (a) (b) The Board hereby acknowledges that it is an independent contractor and neither it nor its employees or agents are employees of the City. The Board shall be responsible for the payment or withholding of any federal, state or local taxes, including, but not limited to, income, unemployment, and workers’ compensation for its employees, and the City will not provide, or contribute to any plan which provides for benefits, including but not limited to unemployment insurance, workers’ compensation, retirement benefits, liability insurance or health insurance. All individuals employed by the Board provide personal services to the City are not public employees of the City under Ohio state law. No agency, employment, joint venture or partnership has been or will be created between the parties pursuant to the terms and conditions of this Agreement. Inasmuch as the City is interested in the Board’s end product, the City does not control the manner in which the Board performs this Agreement. 7. NOTICES. All notices, invoices and correspondence which may be necessary or proper for either party shall be addressed as follows: TO THE BOARD: Cuyahoga County Board of Health Attention: Roderick Harris, Health Commissioner 5550 Venture Drive Parma, Ohio 44130 TO THE CITY: City of Fairview Park Attention: Mayor Bill Schneider 20777 Lorain Rd Fairview Park, Ohio 44126 Page 3 of 7 And City of Fairview Park Attention: Director of Law 20777 Lorain Rd Fairview Park, Ohio 44126 5, EFFECT OF ELECTRONIC SIGNATURE By entering into this Agreement, the parties agree that this transaction may be conducted by electronic means, including, without limitation, that all documents requiring signatures by the parties may be executed by electronic means, and that the electronic signatures affixed by the authorized representatives of the parties shall have the same legal effect as if the signatures were manually affixed to a paper version of the documents. The parties also agree to be bound by the provisions of Chapter 1306 of the Ohio Revised Code as it pertains to electronic transactions. 6. APPLICABLE LAW AND VENUE Any and all matters of dispute between the Parties to this Agreement whether arising from the Agreement itself or arising from alleged extra contractual facts prior to, during, or subsequent to the Agreement, including without limitation, fraud, misrepresentation, negligence, or any other alleged tort or violation of the Agreement, will be governed by, construed, and enforced in accordance with the Laws of the State of Ohio, without regard to the conflict of laws or the legal theory upon which such matter is asserted. 7. SEVERABILITY. If any provision hereof shall be determined to be invalid or unenforceable, such determination shall not affect the validity of the other provisions of this Agreement. Moreover, any provisions that should survive the expiration or termination will survive the expiration or termination of this Agreement. 8. AMENDMENT This Agreement shall not be modified except by the express written consent by both parties hereto. 9. WAIVER. Waiver by either party or the failure by either party to claim a breach of any provision of this Agreement shall not be deemed to constitute a waiver or estoppel with respect to any subsequent breach of any provision hereof. 10. FORCE MAJEURE. Neither party shall be liable for any delay or failure to perform any duty or obligation it may have pursuant to this Agreement where such delay or failure has been occasioned by any act of God, fire, strike, inevitable accident, war or any cause outside the party's reasonable control. 11. COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall be deemed to be an original copy, and all of which together shall constitute one Agreement binding on all parties hereto, notwithstanding that all the parties shall not have signed the same counterpart. Page 4 of 7 5. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties with respect to its subject matter, and supersedes all prior and contemporaneous agreements, representations or understandings, whether written or oral, as to the same. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representative to be effective as of the Effective Date as specified in Section 1 of this Agreement. FOR THE BOARD: Mayor David Smith President District Advisory Council Date: FOR THE CITY: Mayor Bill Schneider Date: Approved as to form. Cuyahoga County Board of Health Office of General Counsel By: Date: Approved as to form. By: Director of Law Date: Page 5 of 7 EXHIBIT A SCOPE OF WORK The General Health District of Cuyahoga County, Ohio, hereby agrees to provide health services for the City of Fairview Park for the calendar years 2026 and 2027 as set forth below (“Services”). e The Board shall have full authority to be and act as the public health authority for the City. * The Services described in the schedule listed below in this Exhibit will be provided by the District Board of Health of Cuyahoga County (“Board”) to the City. e The Services will include all necessary medical, nursing, sanitary, laboratory and such other health services as are required by the Statutes of the State of Ohio. ¢ Air pollution enforcement services, as described in Chapter 3704 of the Ohio Revised Code (“ORC”), will be conducted through the designated agent, the Cleveland Division of Air Pollution Control, not by the Board. This authorization is contingent upon renewal of the Agreement between the Ohio EPA and the City of Cleveland and satisfactory performance of the Agreement terms and conditions regarding air pollution control in Cuyahoga County. The Board of Health reserves the right to alter, modify or amend this Agreement provision with notice to the City. e The following specific services shall be a part of the Services provided under this Agreement: List of Functions, Programs and Services Animal Control and Shelter: Rabies Surveillance — Animal bite follow up Environmental Health - State Programs: Food Service Operation Licensing/ Inspection/Education Retail Food Establishment Licensing & Inspection. School Facilities Inspection Smoke Free Workplace Enforcement Public Swimming Pool & Spa Licensing & Inspection Tattoo & Body Piercing Enforcement Temporary Park Camp Licensing/Inspection/Enforcement Clean Indoor Air Regulation - complaint based response Home Day Care Inspections - USDA Inspections Only/Fee for Service Nuisance & Vector Control Solid Waste Enforcement Page 6 of 7 Development of Local Emergency Response Plan - participation Community Outreach and Education Northeast Ohio Regional Public Health Partnership - participation Epidemiology, Surveillance, Investigation Services: Reportable Infectious Disease investigation and follow-up (excluding HIV/AIDS; STD; TB) Disease Outbreak Management Regional Infection Control Committee — participation NEO Regional. Epidemiology Response Team — participation Health Promotion: (As Appropriate) Immunization Program: Childhood and Adult Vaccine Administration Services - Fee for Service. Most insurance accepted, by appointment. Charges may be waived for inability to pay. Seasonal Influenza vaccine clinics - Fee for Service, most insurance accepted. Immunize Ohio- participation Jail Inmate Health Services: Jail Inspection - provided once annually Lead Poisoning Prevention: Pediatric blood lead testing - Fee for Service. Charges may be waived for inability to pay Case management Environmental Assessment - Limited fee for service Community Education and Outreach Greater Cleveland Healthy Homes Advisory Council Occupational Health: Immunizations and Tuberculosis screenings - Fee for Service Bureau for Children with Medical Handicaps (BCMH) Public Health Nursing Services Administrative Services: Administration Grant Writing & Management Budget Records Management Accounts Payable, Accounts Receivable Data Entry & Program Management Reports - Financial & Statistical oe! oF Soo oO 6} © & wg Ba 2 eg pole = 8 mi & Chee a 5 A b ~~ ~ =] a o ° tony a ~ o = > = =I oy o a = ba 9 ° oa Le 3 Ss 3 nh S * le] s S| oe s ef 4] > = my ° 7 = ° = Co ol -> = Le) eo) ) = =I at = = o THE BOARD RESERVES THE RIGHT TO AMEND THIS EXHIBIT AT ANYTIME. Page 7 of 7 20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor 440-333-2200 (City Hall) www.fairviewpark.org MEMORANDUM TO: Council President Kilbane and Members of City Council FROM: Mayor Bill Schneider RE: Cuyahoga County Board of Health Contract for 2026 and 2027 DATE: September 15, 2025 The Administration of the City of Fairview Park requests passage of the following Ordinance to be passed after three readings with emergency enactment: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE CUYAHOGA COUNTY BOARD OF HEALTH FOR HEALTH SERVICES FOR THE YEARS 2026 AND 2027 Chapter 3709 of the Ohio Revised Code mandates that all Ohio municipalities must provide health services either through a city health district or by a valid contract with the county health district. The City of Fairview Park has contracted for health services with Cuyahoga County Board of Health in the past and would like to continue contracting with the Cuyahoga County Board of Health for such services for calendar years 2026 and 2027. The contract for 2026 and 2027 is attached to the legislation as Exhibit A. Cc: A. Steven Dever, Law Director Jennifer Pae, Finance Director/HR Manager Liz Westbrooks, Clerk of Council Resolution 25-16 | Page 1 CITY OF FAIRVIEW PARK RESOLUTION NO.: 25-16 REQUESTED BY: LAURA BRONDOS, SENIOR LIFE DIRECTOR SPONSORED BY: COUNCILWOMAN KING CO-SPONSORED BY: COUNCILMAN MINEK A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE WESTERN RESERVE AREA AGENCY ON AGING TO ACCEPT GRANT FUNDS FROM SAID AGENCY FOR THE CITY'S PROGRAMS UNDER THE TITLE III OF THE OLDER AMERICANS ACT OF 1965 (42 USC 35) WHICH PROVIDES FUNDING FOR TRANSPORTATION, NUTRITION AND SUPPORT SERVICES AND PARTIAL FUNDING FOR SUPPLEMENTAL PROGRAMS THEREUNDER FOR THE YEARS 2026 AND 2027 AND DECLARING AN EMERGENCY WHEREAS, the Western Reserve Area Agency on Aging administers a program of grants from the Federal Government under Title III of the 1965 Older Americans Act (42 USC 35) whereby the City may obtain funds to provide programs for persons 60 years of age or older. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND ST ATE OF OHIO: SECTION 1. That the Mayor is hereby authorized to enter into a contract with the Western Reserve Area Agency on Aging which contract will provide partial funding in an amount not to exceed eighteen thousand four hundred fifty-nine dollars ($18,459.00), with said funds to be deposited into the Special Hold Fund (611) for the City's Programs under Title III of the 1965 Older Americans Act (42 USC 35) to include transportation, nutrition and suppo1t services for the years 2026 and 2027. SECTION 2. 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 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. SECTION 3. That this Resolution is hereby declared to be an emergency measure necessary for the preservation of the public peace, health, safety and welfare and to timely meet the filing deadline for signing the contract and receiving funds, and provided it receives the affirmative vote of a majority plus one of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise from and after the earliest period allowed by law. Resolution 25-16 | Page 2 PASSED: 1st reading: 09.15.25 APPROVED: 2nd reading: 3rd reading: ______________________________________ William F. Minek, Council President Pro Tem ______________________________________ Bill Schneider, Mayor ______________________________________ Liz L. Westbrooks, Clerk of Council 20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor 440-333-2200 (City Hall) www.fairviewpark.org MEMORANDUM TO: Council President Kilbane and Members of City Council FROM: Senior Life Director Laura Brondos RE: 2026-2027 Western Reserve Area Agency on Aging Grant DATE: September 15, 2025 The Administration of the City of Fairview Park requests passage of the following Resolution to be passed after three readings with emergency enactment: A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE WESTERN RESERVE AREA AGENCY ON AGING TO ACCEPT GRANT FUNDS FROM SAID AGENCY FOR THE CITY'S PROGRAMS UNDER THE TITLE III OF THE OLDER AMERICANS ACT OF 1965 (42 USC 35) WHICH PROVIDES FUNDING FOR TRANSPORTATION, NUTRITION AND SUPPORT SERVICES AND PARTIAL FUNDING FOR SUPPLEMENTAL PROGRAMS THEREUNDER FOR THE YEARS 2026 AND 2027 AND DECLARING AN EMERGENCY The Senior Life Department is requesting a continuation of their grant contract with the Western Reserve Area Agency on Aging (“WRAAA”) in the amount of eighteen thousand four hundred fifty-nine dollars ($18,459.00) for the years 2026 and 2027. The Senior Life Department has received grant award from the WRAAA for 25 years and these funds are used to provide nutrition services (3 meals a week) to any senior citizen aged 60 or older. This grant is made possible through WRAAA which contract will provide partial funding in an amount not to exceed eighteen thousand four hundred fifty-nine dollars ($18,459.00), with said funds to be deposited into the Special Hold Fund (611) for the City's Programs under Title III of the 1965 Older Americans Act (42 USC 35) to include nutrition and support services for the years 2026 and 2027. Cc: Mayor Bill Schneider A. Steven Dever, Law Director Jennifer Pae, Finance Director/HR Manager