CITY OF NORTH OLMSTED
RESOLUTION NO.2026 - 002
BY: Mayor Jones
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A
CONTRACT WITH THE CUYAHOGA COUNTY BOARD OF HEALTH TO
PROVIDE SERVICES FOR COMPLYING WITH STORMWATER
MANAGEMENT PLANREQUIREMENTS.
WHEREAS, the Cuyahoga County Board of Health ("Board") is committed to improving
the water quality in Cuyahoga County and protecting the health of the residents within its
jurisdiction; and
WHEREAS, in response to the implementation of the US EPA's Phase II Stormwater
Regulations on March 10, 2003, the Board has developed its Stormwater Management Program
to assist municipalities in Cuyahoga County and Northeast Ohio in creating their stormwater
management plans and meeting their required stormwater management goals; and
WHEREAS, each municipality within Northeast Ohio has been issued a Municipal
Separate Storm Sewer Systems (MS4) permit by the Ohio EPA which requires each municipality
to perform specific functions related to inspecting and monitoring stormwater within the
municipality; and
WHEREAS, the Board will continue to provide communities Phase II Stormwater
services in support of the community's compliance with the Ohio EPA NPDES General Permit
for Municipal Separate Storm Sewer Systems (MS4); and
WHEREAS, the Board will continue to provide Phase II Stormwater services to
communities whose service areas are located partially or completely outside of the Northeast
Ohio Regional Sewer District's ("District") Regional Stormwater Management Program area in
support of Ohio EPA's General Permit for Municipal Separate Storm Sewer Systems for
Minimum Control Measure (MCM) #3: Illicit Discharge Detection and Elimination (IDDE)
programming and MCM #6: Pollution Prevention/Good Housekeeping for Municipal
Operations; and
WHEREAS, North Olmsted has the authority to grant consent and authorizes the Board to
perform the services outlined therein; and
WHEREAS, it is the desire of this Council to authorize the Mayor to enter into an
Agreement with the Board to provide the services required by law, as set forth in said agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
NORTH OLMSTED, COUNTY OF CUYAHOGA, AND STATE OF OHIO:
SECTION 1: That the Mayor be and is hereby authorized to enter into the Phase II
Stormwater Services Agreement with the Cuuahoga County Board of Health, a copy of which is
attached hereto as Exhibit "A" and incorporated herein by reference, which is in all respects
hereby approved.
SECTION 2: That this Resolution shall take effect and be in force from and after the
earliest date provided for by law.
PASSED: �� First Reading: /- 6 026
Second Reading:
Third Reading:
Committee: & i'+!� 64-4
ATTEST.
BEATRICE TAYL
Clerk of Council
APPROVED:
MAYOR NICOLE DAI ,TONES
2
�'-v
CHPISTOPHLK F. SCARL
President Pro Tempore
APPROVED AS TO LEGAL FORM. -
Is/ Michael R. Gareau, Jr.
MICHAEL R. GAREA U, JR.
Director of Law
EXHIBIT A
PHASE II STORMWATER SERVICES AGREEMENT
This Agreement is entered into on the 11t 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 North
Olmsted, a political subdivision of the State of Ohio organized under the Constitution and Laws of the
State of Ohio ("Community"), for and in consideration of the promises, covenants, and conditions
hereinafter set forth.
WHEREAS: The Cuyahoga County Board of Health is committed to improving the water quality in
Cuyahoga County and protecting the health of the residents within its jurisdiction; and
WHEREAS: In response to the implementation of the US EPA's Phase II Stormwater Regulations on
March 10, 2003, the Board has developed its Stormwater Management Program to
assist municipalities in Cuyahoga County and Northeast Ohio in creating their
stormwater management plans and meeting their required stormwater management
goals; and
WHEREAS: Each municipality within Northeast Ohio has been issued a Municipal Separate Storm
Sewer Systems (MS4) permit by the Ohio EPA which requires each municipality to
perform specific functions related to inspecting and monitoring stormwater within the
municipality; and
WHEREAS: The Board will continue to provide communities Phase II Stormwater services in
support of the community's compliance with the Ohio EPA NPDES General Permit for
Municipal Separate Storm Sewer Systems (MS4); and
WHEREAS: The Board will continue to provide Phase II Stormwater services to communities whose
service areas are located partially or completely outside of the Northeast Ohio Regional
Sewer District's ("District") Regional Stormwater Management Program area in
support of Ohio EPA's General Permit for Municipal Separate Storm Sewer Systems
for Minimum Control Measure (MCM) #3: Illicit Discharge Detection and Elimination
(IDDE) programming and MCM #6: Pollution Prevention/Good Housekeeping for
Municipal Operations; and
WHEREAS: Community has the authority to grant consent and authorizes the Board to perform the
services outlined herein; and
WHEREAS: Both parties desire to enter this Agreement for the purposes outlined herein.
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).
Page 1 of 6
(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;
(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.
2. THE SERVICES.
(a) Scope of Services. Subject to the terms and conditions contained in this Agreement and its
exhibits, the Board will provide to the Community 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.
(b) 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.
3. CONSENT STATEMENT
Being in the public interest, The Community hereby grants consent and authority to the Board
to complete the services and work described herein.
4. COOPERATION STATEMENT
The Community shall cooperate with the Board in the above described project as follows:
(a) Provide the Board any maps, assistance, and/or direction to aid in obtaining access and/or
collecting samples for testing purposes;
(b) Provide the Board aid in accessing and opening storm sewer manholes where and when needed.
5. PAYMENT.
(a) Compensation. In consideration for the Phase II Stormwater services described in Exhibit A,
which will be provided by the Board to and within the Community, the Community shall pay to
the Board the total annual sum of five thousand two hundred eighty dollars and no cents
($5,280.00) for calendar year 2026 and the total annual sum of five thousand two hundred
eighty dollars and no cents ($5,280.00) for calendar year 2027 for a total compensation of
$10,560.00. The Board shall submit an invoice to the Community for the payment due
hereunder.
Page 2 of 6
6. RECORDS.
(a) 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 Community
upon request subject to exceptions listed below.
(b) 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 Community, be kept confidential by the Community.
(c) The Board is prohibited by State and Federal law from sharing protected health information and
said records will not be shared with the Community unless there is compliance with the proper
method for release of said information.
7. REPORTS.
The Board shall provide reports as specified in the Scope of Work, Exhibit A.
8. 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 Community.
9. INDEPENDENT CONTRACTOR.
(a) The Board hereby acknowledges that it is an independent contractor and neither it nor its
employees or agents are employees of the Community. 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 Community 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
Community are not public employees of the Community under Ohio state law.
(b) 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 Community is
interested in the Board's end product, the Community does not control the manner in which the
Board performs this Agreement.
10. NOTICES.
All notices, invoices and correspondence which maybe necessary or proper for either party shall
be addressed as follows:
Page 3 of 6
TO THE BOARD:
Cuyahoga County District Board of Health
Attention: Roderick Harris, Health Commissioner
5550 Venture Drive
Parma Ohio 44130
TO THE COMMUNITY:
Community of North Olmsted
Attention: Mayor Nicole Dailey Jones
5200 Dover Center Road
North Olmsted, Ohio 44070
And
Community of North Olmsted
Attention: Director of Law
5200 Dover Center Road
North Olmsted, Ohio 44070
11. 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.
12. 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.
13. 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.
14. AMENDMENT
This Agreement shall not be modified except by the express written consent by both parties
hereto.
Page 4 of 6
15. 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.
16. 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.
17. 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.
18. 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: Approved as to form.
Cuyahoga County Board of Health
Office of General Counsel
Roderick Harris, DrPH By:
Health Commissioner
Date:
FOR THE COMMUNITY:
Mayor
Date:
Approved as to form.
M.
Director of Law
Date: Date:
Page 5 of 6
EXHIBIT A
SCOPE OF WORK
1. PROJECT DESCRIPTION
The Board and the Community have identified the need for the following described project:
• The implementation of Minimum Control Measure (MCM) #3: Illicit Discharge Detection and
Elimination (IDDE) programming and MCM #6: Pollution Prevention/Good Housekeeping for
Municipal Operations;
2. BOARD SERVICES
1. The Board will need to verify the Community's previously identified Municipal Separate
Stormwater System outfall locations and update any outfall information that has changed,
during the 2026 and 2027 report periods.
2. The Board will monitor the Community's designated Municipal Separate Stormwater System
outfall locations during a dry weather period (a minimum of 72 hours with no rain event) and
sample up to 25 of the flowing outfall locations that are outside of the Northeast Ohio Regional
Sewer District's Regional Stormwater Management Program area during the 2026 and 2027
report periods. The samples collected will be analyzed for the presence of E. coli bacteria.
3. The Board will source track outfalls with high E. coli results for possible sources of an illicit
discharge. This activity would be coordinated between the community and the Board of Health
in relation to previous inspections.
4. The Board will provide an annual training presentation on Good Housekeeping/Pollution
Prevention for Municipal Operations and related best management practices, as well as illicit
discharges, for the Community's employees. This training will be coordinated with the
Community during the 2026 and 2027 report periods.
5. The Board will provide the Community an annual summary of the work performed as it relates
to Minimum Control Measure (MCM) #3: Illicit Discharge Detection and Elimination and
MCM #6: Good Housekeeping/Pollution Prevention for Municipal Operations which can then
be included in the Community's Phase II Stonmwater Annual Report to the Ohio EPA.
6. The Board may request the Community to provide assistance in gaining access to and opening
storm sewer manholes where and when deemed necessary for the purpose of sample
collections.
Page 6 of 6