CITY OF NORTH OLMSTED
ORDINANCE NO.2026 -13
BY: Mayor Jones
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A
CULTURAL PROJECT COOPERATIVE USE AGREEMENT WITH THE
OHIO FACILITIES CONSTRUCTION COMMISSION FOR THE PURPOSE
OF QUALIFYING CULTURAL PROJECTS FOR FINANCIAL INCENTIVES
OFFERED BY THE STATE OF OHIO.
WHEREAS, The City of North Olmsted, described as the Project Sponsor, has been invited
to enter into a Cultural Project Cooperative Agreement with the State of Ohio, by and through the
Ohio Facilities Construction Commission ("Commission"), a copy of which is attached as Exhibit
A; and
WHEREAS, it is the desire of this Council to authorize the Mayor to enter into the Cultural
Project Cooperative Agreement with the Commission for the purpose of providing for financial
incentives to induce Cultural Projects in the City; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
NORTHOLMSTED, CUYAHOGA COUNTY, OHIO, THAT.•
SECTION 1: The Mayor, for and in the name of this City, is hereby authorized to execute
and deliver the Cultural Project Cooperative Agreement, attached as Exhibit A, with the State of
Ohio, by and through the Ohio Facilities Construction Commission, and any amendments thereto
that are not substantially adverse to the City and do not increase the percentage or number of years
of the tax abatement, provided further that the approval of changes, completions or amendments
thereto by that official, and their character as not being substantially adverse to the City, shall be
evidenced conclusively by the Mayor's execution thereof. This Council further hereby authorizes
the Mayor, the Director of Economic and Community Development, the Finance Director and the
Law Director, and other appropriate officers of the City, to sign those instruments and make those
arrangements as are necessary to carry out the purposes of this ordinance.
SECTION 3: This Council finds and determines that all formal actions of this Council
and any of its committees concerning and relating to the passage of this ordinance were taken in
an open meeting of this Council or any of its committees, and that all deliberations of this Council
and any of its committees that resulted in those formal actions were in meetings open to the public,
all in compliance with the law including ORC 121.22.
SECTION 4: That this Resolution shall take effect and be in force from and after the earliest
date provided for by law.
PASSED: `%� `7 o2� a First Reading: 02 -17-o249
7— Second Reading: �3 -3 -� 1,o
Third Reading
_ —
Committee:
ATTEST.-
—616t{/'t,---
BEATRICE TAYLOR L
Clerk of Council _ 11
APPROVED:
NICOLE DAILEY JON.
Mayor
s 727
LO J. BRossAR'b
President of Council
APPROVED AS TO LEGAL FORM.-
Is/Michael R. Gareau, Jr.
MICHAEL R. GAREA U, JR.
Director of Law
Yea:
Noy:
Absent:
EXHIBITA
CULTURAL PROJECT COOPERATIVE USE AGREEMENT
NORTH OLMSTED OLD TOWN HALL
This Cooperative Use Agreement (Agreement) is entered into by and between the City
of North Olmsted], as the Project Sponsor (Project Sponsor), and the State of Ohio
(State), acting by and through the Ohio Facilities Construction Commission
(Commission), a state agency organized and operating under Ohio Revised Code
(ORC) Chapter 123 (the Commission and the Project Sponsor, collectively, the
Parties). This Agreement becomes effective upon the date it is signed by all of the
Parties (Effective Date).
RECITALS
Pursuant to ORC Chapter 154, Article VIII Section 2i of the Ohio Constitution, and
pursuant to a General Bond Order issued by the Ohio Treasurer of State
(Treasurer) on August 31, 2005, bonds (Facility Bonds) were issued for the purpose
of providing grant moneys to pay the costs of acquiring, constructing,
reconstructing, rehabilitating, renovating, enlarging and otherwise improving,
equipping and furnishing capital facilities, which are Ohio cultural facilities, as
defined in ORC Section 123.28(J).
2. The Ohio Public Facilities Commission (OPFC) entered into the OPFC Lease
pursuant to which the Commission will make lease rental payments, which will be
assigned by OPFC to the Treasurer, in connection with Ohio cultural facilities.
3. The Commission is a body corporate and politic, an agency of state government
and an instrumentality of the State, performing essential governmental functions of
the State, duly created, existing and operating under and by virtue of ORC Chapter
123.
4. In accordance with ORC Section 123.21, the Commission may make and enter into
all contracts, commitments and agreements, and execute all instruments,
necessary or incidental to the performance of its duties.
5. The Commission has determined that the Cultural Project defined herein meets all
requirements of the ORC and, subject to the fulfillment of certain conditions, has
approved the expenditure for the project.
6. The Commission, by action of the executive director, authorized the execution of
this Agreement and determined that the cooperative use of the Facility, as provided
in this Agreement, contributes to the development, performance, and presentation
of culture, or making the same available, to the public of this State.
Page 1 of 15
In consideration of the mutual promises and covenants set forth herein, the Parties
agree as follows:
1. Identification
1,1 Project Sponsor Information
City of North Olmsted
5200 Dover Center Road
North Olmsted, OH 44070
Stephen Holowicki
Economic Community Development Coordinator
holowickis@north-olmsted.com
216-689-6015
The Project Sponsor identified above represents and warrants that it is and will continue
to be a governmental agency as defined in ORC Section 123.28(F).
1.2 Notices for Official Correspondence
All communications required or permitted to be given pursuant to the terms of this
Agreement shall be in writing and shall be deemed to have been properly given if hand
delivered or sent by U.S. registered or certified mail, postage prepaid.
(a) with respect to the Commission:
Ohio Facilities Construction Commission
30 West Spring Street, 4 th Floor
Columbus, Ohio 43215
Attention, Executive Director
(b) with respect to the Project Sponsor:
City of North Olmsted
5200 Dover Center Road
North Olmsted, OH 44070
Attention: Mayor
The parties designated above shall each have the right from time to time to specify as
their respective address for purposes of this Agreement any other address upon the
giving of fifteen (15) days' prior written notice thereof, as provided herein, to the other
parties listed above.
2. Project Information
2.1 Proiect Location
North Olmsted Old Town Hall, 5186 Dover Center Road, North Olmsted, OH 44070 (the
Facility)
Page 2 of 15
2.2 Proiect Description
The Project Sponsor plans to use the grant for HVAC and plumbing replacement at the
facility. The construction project will be known herein as the Cultural Project for the
purposes of this agreement. This project supports culture though the presentation of the
visual and other arts.
3. Financial Considerations
3.1 Grant Amount
The 135t' General Assembly of the State of Ohio (General Assembly) in H.B. 2
designated $100,000 of the funds appropriated in ALI C230FM North Olmsted Old
Town Hall to the Commission to finance all or a portion of the capital facilities costs
associated with the Cultural Project. The Commission agrees to provide a grant of
$100,000 (Grant Amount) to the Project Sponsor.
3.2 Appropriation Intent
The funds under this Agreement shall be used by the Project Sponsor for capital
improvements that meet the intent and purpose of the appropriation and the limitations
on use set forth in the bill appropriating the funds. To the extent such costs exceed the
funds appropriated, the Project Sponsor will be required to pay the difference.
Additionally, the funds shall be used only for construction, as defined in ORC Section
123.28(K).
3.3 Fiscal Management of Proiect
The Project Sponsor is responsible for the financial management of the Cultural Project.
The Project Sponsor will comply with, or cause compliance with, all appropriate
accounting and budgeting procedures in accordance with generally accepted
accounting principles, consistently applied.
3.4 Proiect Budget
The total cost of the project described above is estimated to be $227,500 (Project
Budget), including but not limited to design, construction, land acquisition,
environmental assessment and remediation, exhibits, furniture, fixtures, equipment,
construction management and other professional service fees, legal fees, marketing,
start-up operations, operating endowments, utilities and other start-up costs, insurance,
performance or payment bonds, taxes, and permits.
3.5 Local Match
In accordance with ORC Section 123.281 (13)(2), the Project Sponsor shall have local
contributions amounting to not less than fifty (50) percent of the Grant Amount for the
Cultural Project (Local Match).
3.6 Local Share
The Local Share shall be an amount equal to the total costs of the Project Budget less
the Grant Amount.
Page 3 of 15
3.7 Full Funding
The Project Sponsor acknowledges that full funding occurs when it can demonstrate, to
the satisfaction of the Commission, that funds have been raised to cover the Project
Budget set forth in Section 3.4 of this Agreement (Full Funding).
3.8 Disbursement of Grant Funds
The funds to be disbursed under this Agreement shall not exceed the lesser of (A) the
amount of the State appropriations or (B) the amount of funds (i) approved by the
Commission and (ii) which comply with the conditions set forth in this Agreement. If
further appropriations are made by the General Assembly and the expenditure of all or a
portion of such funds is approved by the Commission, this Agreement may be amended
to reflect any such additional amounts.
Notwithstanding anything set forth above, the state appropriation disbursed under this
Agreement shall not exceed the lesser of (i) the aggregate appropriations by the
General Assembly for the Cultural Project or (ii) twice the Local Match.
The Project Sponsor expressly acknowledges that no payment of state appropriation
funds shall be made until such funds are released by the Director of Budget
Management.
The Project Sponsor shall submit invoices to the Commission in compliance with Exhibit
A, attached hereto and made a part hereof.
3.9 Tax Obliqations
The Project Sponsor shall be solely responsible for and shall pay all applicable federal,
state, and local tax obligations.
The Project Sponsor affirms that it will take, or cause to be taken, all actions that may
be required of the Project Sponsor for the interest on the Facility Bonds to be and
remain excluded from gross income for federal income tax purposes and from
treatment as an item of tax preference for purposes of the alternative minimum tax
imposed on individuals and corporations under the Internal Revenue Code, and will
not take, or permit to be taken, any actions which would adversely affect such
exclusion and such treatment.
Page 4 of 15
4. Real Estate and Construction
4.1 Commencement
The Project Sponsor shall provide all construction services for the Cultural Project. The
Project Sponsor shall be responsible for the construction administration of the Cultural
Project. By April 1, 2026, the Project Sponsor shall commence or cause
commencement of construction of the Cultural Project.
4.2 Contracts and Permits
The Project Sponsor shall have the full authority to contract with appropriate persons for
the design and construction of the Cultural Project, The Project Sponsor shall secure all
necessary permits and/or licenses related to the Cultural Project.
4.3 Completion
The Project Sponsor represents and warrants that it will cause the Cultural Project to be
constructed with reasonable speed and dispatch and reasonably adhere to the
submitted construction schedule. The expected completion date of the Project is
August 31, 2026 (Completion Date).
4.4 Restrictions of Record
The Project Sponsor hereby represents and warrants that there are not now, and there
will not be, any restrictions of record with respect to the Facility or the Cultural Project,
including without limitation, any encumbrances, liens or other matters, which would
interfere with or otherwise impair the use of the Facility as an Ohio cultural facility or the
rights and obligations granted hereunder by the Project Sponsor to the Commission.
The Project Sponsor represents that it is the fee simple owner of the premises on which
the Facility is located, as described in Section 2.1 of this Agreement.
5. Operations and Maintenance
5.1 Operations and Maintenance
The Project Sponsor shall be solely responsible for and shall pay all operating and
maintenance costs of the Facility over the term of the Facility Bonds.
The Project Sponsor shall maintain and keep the Facility in good order and repair, shall
use the Facility for the intended purpose, and shall take all actions reasonably
necessary to ensure that the Facility is available for the presentation of culture to the
public over the term of the Facility Bonds.
5.2 Schedule of Operation/Control of Content
During the term of this Agreement, the Project Sponsor shall have the exclusive
authority to schedule events and functions at the Facility.
Page 5 of 15
5.3 Ownership
Any part of the Cultural Project paid for with proceeds of the Facility Bonds shall be
owned by the Project Sponsor.
5.4 Convevance of Right to Use and Occupy
As security for the performance of the Project Sponsor's obligations under this
Agreement, the Project Sponsor hereby conveys to the Commission the right to use and
occupy the Facility upon an Event of Default, as described in Section 9.1 of this
Agreement. The Project Sponsor acknowledges and consents to the conveyance by
the Commission to the OPFC of such right hereby conveyed to the Commission and
acknowledges that the OPFC will lease the Facility to the Commission pursuant to the
OPFC Lease. The Commission acknowledges that, absent an Event of Default, it has
no right to use or occupy the Facility.
6. Risk Management
6.1 Liability and Indemnification
The Project Sponsor shall either:
(a) Require that private entities that enter into contracts with the Project Sponsor for
the operation or management of the Facility hold harmless and indemnify the Commission,
the OPFC, the Treasurer, and the State from any and all damages, costs, fees, penalties,
and expenses, of any nature whatsoever, incurred by the Commission, the OPFC, the
Treasurer, or the State from any claim of any third party claim arising out of or related to
the operation or management of the Project, including, but not limited to, the costs of
defense of any related action, suit or proceeding; or
(b) Purchase and maintain insurance in an amount determined by a qualified risk
assessor to insure the OPFC, the Commission, the Treasurer and the State against
liabilities, claims, costs, losses, and expenses, joint or several, imposed upon or asserted
against the OPFC, the Commission, the Treasurer, and the State resulting from any claim
of any third party arising out of or related to the Project and shall name the OPFC, the
Commission, the Treasurer, and the State as additional insureds under such policy; or
(c) Name the OPFC, the Commission, the Treasurer and the State as additional
insureds under a self-insurance program or joint self-insurance pool created under Section
2744.08 or Section 2744.081, respectively, of the ORC, and operated by or on behalf of
the Project Sponsor.
6.2 Property and Liability Insurance
Unless otherwise stated, the Project Sponsor shall maintain, or cause to be maintained,
at no cost to the Commission, commercial general liability insurance and property
insurance to insure the OPFC, the Commission, the Treasurer and the State in an
amount and type determined by a qualified risk assessor to be sufficient to cover the full
replacement costs of improvements funded, in whole or in part, by the State, and the
bodily injury, property damage, personal injury, advertising injury and employer's liability
Page 6 of 15
exposures of the Project Sponsor. Unless otherwise stated, such insurance shall remain
in force at all times from the date hereof through the term of this Agreement.
6.3 Self -Insurance
Instead of providing the general liability and property insurance above, the Project
Sponsor may name the OPFC, the Commission, the Treasurer and the State as
additional insured and/or loss payees, as the coverage requires, under a self-insurance
program or joint self-insurance pool created under ORC Sections 2744.08 or 2744.081,
respectively, and operated by or on behalf of the Project Sponsor, in order to meet the
insurance requirements set forth herein.
(a) If the Project Sponsor has a self-insurance program created under ORC Section
2744.08, by signing this Agreement, the Project Sponsor hereby insures the
OPFC, the Commission, the Treasurer and the State as additional insureds
under its self-insurance program to cover the full replacement costs of
improvements funded, in whole or in part, by the State, and the bodily injury,
property damage, personal injury, advertising injury and employer's liability
exposure of the Project Sponsor related to the Cultural Project or the operation of
the Facility.
(b) If the Project Sponsor is part of a joint self-insurance pool created under ORC
Section 2744.081, the Project Sponsor shall provide certification from the pool's
qualified risk assessor that such self-insurance program will insure the OPFC,
the Commission, the Treasurer of State and the State as additional insured
and/or loss payees in an amount sufficient to cover the full replacement costs of
improvements funded, in whole or in part, by the State and the bodily injury,
property damage, personal injury, advertising injury and employer's liability
exposures of the Project Sponsor.
(c) The Project Sponsor certifies that its self-insurance program or joint self-
insurance pool complies with ORC Sections 2744.08 and 2744.081.
7. Term
7.1 Term
This Agreement commences on the Effective Date and, unless otherwise terminated as
provided in this Agreement, expires on the later of (a) ten (10) years from the
Completion Date, or (b) the date upon which all Facility Bonds issued to finance or
refinance the grant to the Project Sponsor described in Section 3.1 of this Agreement,
and all obligations of the Treasurer or other issuing authority to financial institutions
related to the Facility Bonds have been paid in full (the Term).
8. Legal Compliance
8.1 General
This Agreement or any actions taken under it are not subject to Chapters 123 or 153 of
the ORC, except for sections 123.20, 123.201, 123.21, 123.28, 123.281, and 153.011
Page 7 of 15
of the ORC.
The Project Sponsor affirmatively represents and warrants that it shall comply with this
Agreement and with all applicable federal, state, and local laws and regulations,
including, but not limited to:
(a) ORC Chapter 4115 (prevailing wage)
(b) Worker's Compensation laws
(c) Equal Opportunity laws
(d) ORC Section 153.011 (domestic steel)
(e) Americans with Disabilities Act
(f) Environmental laws and regulations
(g) Historical preservation laws and regulations
(h) Drug -free Workplace
(i) ORC Section 9.24 (findings for recovery)
Executive Order 2019-12D, Governing the Expenditure of Public Funds for
Offshore Services
(k) Executive Order 2022-02D, State of Ohio's Response to Russia's Unjust
War on the County of Ukraine
8.2 Negative Pledge: Prohibition Aqainst Disposition
The Project Sponsor shall not assign, transfer, pledge or otherwise encumber all or any
part of the Facility, including the Cultural Project, with any mortgage, security interest, or
lien, nor shall the Project Sponsor dispose of any part of the Facility, including the
Cultural Project, without replacement or substitution with improvements substantially
similar to those of the Cultural Project provided for herein, without the prior written
consent of the Commission, which consent shall not be unreasonably withheld.
8.3 Reports and Records
The Project Sponsor shall keep and make all reports and records associated with the
Cultural Project and the Facility available to the Commission upon request for a period
of not less than thirteen (13) years after the Completion Date. These reports and
records shall include a description of the Cultural Project, a detailed overview of the
scope of work, and disbursement detail (including amount, date, nature/object of
expenditure, and vendor information),
8.4 Reviews and Inspections
The Commission may conduct reviews or inspections of the Facility to determine
whether the uses made thereof are consistent with the Commission's purposes,
including the presentation of culture to the public.
8.5 OBM Certification
In accordance with ORC Section 126.07, obligations of the Commission under this
agreement shall not be valid and enforceable unless the Director of the Office of Budget
and Management first certifies that there is a balance in the appropriation not already
obligated to pay existing obligations. If the Ohio General Assembly fails to continue to
Page 8 of 15
appropriate funding for expenditures hereunder, the Commission shall have no further
obligation to make any payments after the funding expires.
9. Default and Termination
9.1 Events of Default
Each of the following is considered an Event of Default and the Commission may, upon
ten (10) days' prior written notice to the Project Sponsor, terminate this Agreement:
(a) if the Project Sponsor fails to maintain its status as a governmental agency as
defined in ORC Section 123.28(F)-,
(b) if the Project Sponsor fails to complete the Cultural Project, abandons the
Cultural Project or the Facility, or does not provide culture as defined in ORC
123.28;
(c) if the Project Sponsor shall become insolvent, make a general assignment for
the benefit of creditors, be generally unable to pay its debts when they are due,
or be a debtor in any receivership proceeding or any other proceeding brought
under the federal bankruptcy laws and not cause such proceeding to be
terminated within thirty (30) days following the commencement thereof;
(d) if the Project Sponsor is found to be in default under any other agreement or
commitment secured by an interest in the real or personal property comprising
the Cultural Project or the Facility and fails to cure such default within any cure
period provided for in such agreement or commitment;
(e) if there is any change in use of the Facility that significantly reduces or
eliminates the public purpose;
(f) if any act of the Project Sponsor adversely affects the federal tax exemption of
the Facility Bonds; or
(g) if the Project Sponsor fails to remedy any covenant, condition or term in this
Agreement, except as provided in subsections (a) — (f), within a period of thirty
(30) days after receipt of written notice that the Project Sponsor is not in
compliance.
9.2 Remedies Upon Default
Whenever an Event of Default has occurred, the Commission may:
(a) terminate this Agreement upon no less than ten (10) days' prior written notice;
or
(b) take whatever action at law or in equity may appear necessary or desirable to
enforce performance and observance of any obligation, agreement, or
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covenant of the Project Sponsor.
Upon termination of this Agreement after completion of the Cultural Project, for any
reason other than at the stated expiration of its term, the Project Sponsor shall repay
the Commission the percentage of the Grant Amount described in Section 3.1 of this
Agreement equal to the ratio of (x) the number of months from the event triggering the
reimbursement to the final scheduled maturity date of the Facility Bonds used to finance
the grant to the Project Sponsor over (y) the total number of months that such Facility
Bonds are scheduled to be outstanding. Such repayment amount shall be calculated by
the OPFC.
Notwithstanding the foregoing, if this Agreement is terminated prior to the Completion
Date of the Cultural Project, the Project Sponsor shall immediately repay to the
Commission the amount of State funds used to pay costs of the Cultural Project.
The requirements to make payment to the Commission as provided in this Section 9.2
shall survive the termination of this Agreement.
10. Interpretative Provisions
10.1 Bindinq Effect
All of the covenants, conditions and obligations contained in this Agreement shall be
binding upon and inure to the benefit of the respective permitted successors and
assigns of the Commission and the Project Sponsor to the same extent as if each such
successor and assign were named as a party to this Agreement. This Agreement may
not be changed or discharged except by written agreement signed by the Parties
hereto. Amendments to the Agreement shall require the approval of the Commission.
10.2 Governinq Law
This Agreement shall be governed by and interpreted under the laws of the State, and
any action or proceeding arising from this Agreement shall be commenced in a court of
competent jurisdiction located in Franklin County, Ohio.
10.3 Severabilitv
Each provision hereof shall be separate and independent and the breach of any
provision by either party hereto shall not discharge or relieve the other party from its
obligations to perform each and every covenant to be performed by it hereunder. If any
provisions hereof shall be deemed invalid or unenforceable by any court of competent
jurisdiction, the remaining provisions of this Agreement shall not be affected, and said
provisions shall be valid and enforceable to the fullest extent permitted by law.
10.4 Waiver
The waiver by any party of, or the failure of such party to take action with respect to, any
breach of any term, covenant or condition herein contained shall not be deemed to be a
waiver of any other term, covenant or condition herein contained, or subsequent breach
of the same, or any other term, covenant or condition herein contained.
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10.5 Time is of the Essence
Time is of the essence in this Agreement and all provisions herein relating thereto shall
be strictly construed.
10.6 Inconsistent Provisions
The Commission and the Project Sponsor each acknowledge that, if any prior
agreements exist between the Project Sponsor and the Commission ("Prior
Agreements") for so long as the Prior Agreements remain in effect, the provisions of
those Prior Agreements shall control and prevail over any inconsistent provisions in this
Agreement. Notwithstanding the foregoing, nothing in the Prior Agreements shall be
deemed to affect the provisions of the Term of this Agreement.
11. Signatures
The Commission and the Project Sponsor have caused this Agreement to be executed
by their duly authorized representatives as of the Effective Date.
CITY OF NORTH OLMSTED: STATE OF OHIO, ACTING BY AND
THROUGH THE OHIO FACILITIES
CONSTRUCTION COMMISSION:
Signature Signature
Nicole Dailev Jones Jov Bledsoe
Printed Name Printed Name
Mavor Executive Director
Title Title
Date Date
Pagel 1 of 15
EXHIBIT A
ADDITIONAL REQUIREMENTS FOR REIMBURSEMENT OF COSTS
RELATED TO THE NORTH OLMSTED OLD TOWN HALL CULTURAL
PROJECT
The Project Sponsor shall submit invoices to the Commission no less frequently than
quarterly. The invoices shall identify the total amount then due and payable, the State's
share of the total amount due and payable, the Application and Certificate for Payment
(AIA Document G702) or similar Commission approved form, and any appropriate back-
up documentation requested by the Commission staff.
Upon receipt of invoices and all appropriate supporting information in the form
acceptable to the Commission, the Commission shall use its best efforts to pay the
Project Sponsor within thirty (30) days. If the invoice(s) submitted by the Project
Sponsor fail to meet all of the requirements set forth in this exhibit, then the Commission
shall have the right to withhold disbursement of funds for such invoice(s) until Project
Sponsor has complied with all such requirements.
State Appropriations to the credit of the Cultural Project shall be held in the
Commission's Cultural and Sports Facilities Building Fund and shall accrue interest in
accordance with State law. Interest in the Cultural and Sports Facilities Building Fund
shall accrue to the credit of the Commission.
Payment by the Commission to the Project Sponsor shall be on a pro rata basis (in
amount equal to a fraction of the invoice, with the numerator being the Grant
Amount and the denominator being the Project Budget) over the length of the
construction of the Cultural Project unless otherwise approved by the Commission
staff.
2. Invoices containing charges for work that is more than one (1) year old at the time
the invoice is received by the Commission will not be accepted or approved, unless
otherwise approved by the Commission staff.
3. Invoices will be organized in the following manner:
(a) A summary sheet, in the form of Exhibit B, shall be included with each invoice
submittal. The summary sheet will include the following information for each
contract: the contractor name, the type of work or bid package, the initial
contract amount, the total change orders, the total contract amount, the total
work completed to date, and the amount to be paid on the invoice.
(b) Supporting documents will accompany all invoices. These documents include:
(i) copies of complete contractor pay requests including:
cost breakdown including unit/unit cost, amount per unit and total cost;
Page 12 of 15
approval by the Project Sponsor or Project Sponsor's representative for
payment;
c) approval by the architect or construction manager, if applicable;
• current date;
• invoice number; and
• date of service.
(ii) copies of all approved change orders. Field work orders, construction
change directives, or similar charges, shall not be paid until change orders
are finalized and approved.
(c) When construction is complete, the following documentation shall be submitted
along with the summary sheet and supporting documentation:
(i) A cover letter signed and dated by an appropriate representative of the
Project Sponsor with his or her name and title printed thereon, containing
the following language:
"By signing below, I certify that the charges being invoiced are for actual
work completed on the North Olmsted Old Town Hall Project, and the
charges are true, accurate and appropriate, and that no liens have been
filed on the Cultural Project or the Facility. I further certify that all work has
been done in compliance with all applicable laws, including but not limited
to prevailing wage law."
(ii) A copy of the Certificate of Occupancy (if available) and/or photographs of
the completed project.
4. In accordance with the current capital bill, appropriations made for buildings and
structures, including remodeling and renovations, are limited to the following:
(a) acquisition of real property or interest in real property;
(b) buildings and structures, which includes construction, demolition, complete
heating and cooling, lighting, and lighting fixtures, and all necessary utilities,
ventilating, plumbing, sprinkling, water and sewer systems, when such systems
are authorized or necessary-,
(c) architectural, engineering, and professional services expenses directly related
to the project;
(d) machinery that is a part of the structures at the time of initial acquisition or
construction;
(e) acquisition, development, and deployment of new computer systems, including
the redevelopment or integration of existing and new computer systems, but
excluding regular or ongoing maintenance or support agreements; and
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(f) equipment that meets all the following criteria:
(i) the equipment is essential in bringing the facility up to its intended
use;
(i i) the unit cost of the equipment, and not the individual parts of a unit, is
about $100 or more;
(iii) the equipment has a useful life of five (5) years or more; and
(iv) the equipment is necessary for the functioning of the particular facility or
project.
No equipment shall be paid for from these appropriations that is not an integral part
of or directly related to the basic purpose or function of a facility or project for which
moneys are appropriated. This does not apply to line items appropriated
specifically for equipment.
An inventory list shall be kept of all fixtures, furniture and equipment where the cost
was reimbursed by the Commission. Items listed on the inventory shall be kept,
and shall remain in good repair, for the Term of this Agreement. If an item cannot
be repaired, it shall be replaced in kind.
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Project Sponsor:
Date:
Work
Category
General
General
Conditions
Demolition
Site Work
Structural
Steel
Roofing
Masonry
Misc.
Metals
Glass
Plaster/
Drywall
Plumbing
HVAC
Electrical
Fire
Protection
TOTAL
Contractor
Name
EXHIBIT B: SUMMARY SHEET (EXAMPLE ONLY)
Drawdown Number:
Initial Total Total Work
Contract Change Contract Completed
Amount Orders Amount to Date
Total Invoice Amount
Total Construction Cost
Total State Appropriation
Percent of Invoice to be Reimbursed = Total State Ap prop riatio n/Tota I Construction Cost
Total Amount to be Reimbursed
Amount Paid
This Month