December Sunday Monday Tuesday Wednesday Thursday Friday Saturday 5 PLANNING COMMISSION 7:00 CAUCUS 6:45 20 BZA 7:00 CAUCUS 6:45 19 BZA 7:00

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1 December 2018 Sunday Monday Tuesday Wednesday Thursday Friday Saturday COUNCIL AND CAUCUS 7:00 5 PLANNING COMMISSION 7:00 CAUCUS 6: CIVIL SERVICE COMM 4:00 (COMMUNITY ROOM #2) COUNCIL AND CAUCUS 7:00 19 BZA 7:00 CAUCUS 6:45 20 BZA 7:00 CAUCUS 6: CHRISTMAS EVE 25 CHRISTMAS DAY NEW YEAR S EVE All meetings will be held at City Hall State Road, unless otherwise noted.

2 January 2019 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 NEW YEAR S DAY 2 COUNCIL AND CAUCUS 7:00 STORM WATER, STREETS AND UTILITIES 6:00 3 PLANNING COMMISSION 7:00 CAUCUS 6: CIVIL SERVICE COMM 4:00 (COMMUNITY ROOM #2) 15 COUNCIL AND CAUCUS 7:00 B&BC, FINANCE AND SAFETY 6: BZA 7:00 CAUCUS 6: MARTIN LUTHER KING., JR DAY RECREATION BOARD 6: All meetings will be held at City Hall State Road, unless otherwise noted.

3 NORTH ROYALTON CITY COUNCIL A G E N D A DECEMBER 18, :00 p.m. Caucus Council Meeting 7:00 p.m. REGULAR ORDER OF BUSINESS 1. Call to Order. 2. Opening Ceremony (Pledge of Allegiance). 3. Roll Call. 4. Approval of Consent Agenda: Items listed under the Consent Agenda are considered routine. Each item will be read individually into the record and the Consent Agenda will then be enacted as a whole by one motion and one roll call. There will be no separate discussion of these items. If discussion by Council is desired on any Consent Agenda item, or if discussion is requested by the public on any legislative item on the Consent Agenda, that item will be removed from the Consent Agenda and considered in its normal sequence under the Regular Order of Business. a. Approval of Minutes: December 4, 2018 b. Authorize the release of the sidewalk bond for Pinestream Subdivision Phase 6 in the amount of $19, as approved by the City Engineer. c. Legislation: Introduce, suspend rules requiring 3 readings and referral to committee, and adopt.( ) those legislative items indicated with an asterisk 5. Communications. 6. Mayor's Report. 7. Department Head Reports. 8. President of Council's Report. 9. Committee Reports: Building & Building Codes Finance Review & Oversight Safety Storm Water Streets Utilities John Nickell Larry Antoskiewicz Dan Kasaris Dan Langshaw Gary Petrusky Cheryl Hannan Paul Marnecheck 10. Report from Council Representatives to regulatory or other boards: Board of Zoning Appeals Planning Commission Recreation Board Dan Kasaris Larry Antoskiewicz Paul Marnecheck 11. Public Discussion: Five minute maximum, on current agenda legislation only. 12. LEGISLATION THIRD READING CONSIDERATION AN ORDINANCE UPDATING THE CREDIT CARD POLICY FOR THE CITY OF NORTH ROYALTON, REPEALING ORDINANCE 10-49, AND DECLARING AN EMERGENCY. First reading November 20, 2018 and referred to Finance Committee. Second reading December 4, FIRST READING CONSIDERATION * A RESOLUTION REQUESTING THE COUNTY FISCAL OFFICER TO ADVANCE ALL TAX REVENUES FROM THE PROCEEDS OF TAX LEVIES COLLECTED IN 2019 PURSUANT TO SECTION OF THE OHIO REVISED CODE, AND DECLARING AN EMERGENCY.

4 Council Agenda Page 2 December 18, 2018 * AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING BETWEEN THE CUYAHOGA SOIL AND WATER CONSERVATION DISTRICT AND THE CITY OF NORTH ROYALTON FOR NPDES STORM WATER PERMIT MINIMUM CONTROL MEASURES 4 AND 5, AND DECLARING AN EMERGENCY. * AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE CUYAHOGA COUNTY DISTRICT BOARD OF HEALTH TO PERFORM PHASE II STORMWATER ACTIVITIES WITHIN THE CITY AND PROVIDE OTHER SERVICES IN ORDER TO FACILITATE THE CITY S COMPLIANCE WITH ITS NPDES PERMIT FOR STORMWATER, AND DECLARING AN EMERGENCY AN ORDINANCE AMENDING THE ORIGINAL APPROPRIATION ORDINANCE AS AMENDED BY ORDINANCES 18-15, 18-25, 18-54, 18-73, 18-79, AND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2018 BY TRANSFERRING APPROPRIATIONS AND MAKING ADDITIONAL APPROPRIATIONS, AND DECLARING AN EMERGENCY AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A FIVE YEAR LEASE AGREEMENT WITH FIFTH THIRD BANK FOR THE PURCHASE OF MOTOROLA RADIOS AND CONSOLE UNIT FOR AN AMOUNT NOT TO EXCEED $442, FOR THE NORTH ROYALTON POLICE DEPARTMENT FROM MOTOROLA SOLUTIONS, AND DECLARING AN EMERGENCY A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO THE FINAL CONTRACT WITH THE OHIO DEPARTMENT OF TRANSPORTATION FOR THE RESURFACING OF ROYALTON ROAD (SR-82) FROM YORK ROAD TO THE EAST CORPORATION LINE LYING WITHIN THE CITY OF NORTH ROYALTON, AND DECLARING AN EMERGENCY AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP BY CHANGING THE ZONING CLASSIFICATION OF PERMANENT PARCEL NO FROM ITS PRESENT RESIDENTIAL (R1A) ZONING CLASSIFICATION TO GENERAL BUSINESS (GB) ZONING CLASSIFICATION AS REQUESTED BY APPLICANT OMNI SENIOR LIVING, AND DECLARING AN EMERGENCY AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH SENIOR TRANSPORTATION CONNECTION, AND DECLARING AN EMERGENCY. 13. Miscellaneous. 14. Adjournment.

5 RESOLUTION NO INTRODUCED BY: Antoskiewicz, Petrusky, Marnecheck A RESOLUTION REQUESTING THE COUNTY FISCAL OFFICER TO ADVANCE ALL TAX REVENUES FROM THE PROCEEDS OF TAX LEVIES COLLECTED IN 2019 PURSUANT TO SECTION OF THE OHIO REVISED CODE, AND DECLARING AN EMERGENCY WHEREAS: Section of the Ohio Revised Code provides that any money in the County Treasury to the account of the City of North Royalton and lawfully applicable to the purpose of the current fiscal year may be drawn upon request. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORTH ROYALTON, COUNTY OF CUYAHOGA AND STATE OF OHIO, THAT: Section 1. The Fiscal Officer of Cuyahoga County is hereby requested to draw his warrants and to pay to the City of North Royalton any money in the County Treasury to the account of the City of North Royalton and lawfully applicable to the purposes of the fiscal year Section 2. The Finance Director is hereby authorized to furnish a copy of this Resolution to the County Fiscal Officer. Section 3. 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 4. This Resolution is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health, safety and welfare of the city, and for the further reason that the city desires to participate in the tax advance program in THEREFORE, provided this Resolution receives the affirmative vote of two-thirds of all 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. PRESIDENT OF COUNCIL DATE PASSED: APPROVED: DATE APPROVED: MAYOR ATTEST: DIRECTOR OF LEGISLATIVE SERVICES YEAS: NAYS:

6 ORDINANCE NO INTRODUCED BY: Mayor Stefanik AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING BETWEEN THE CUYAHOGA SOIL AND WATER CONSERVATION DISTRICT AND THE CITY OF NORTH ROYALTON FOR NPDES STORM WATER PERMIT MINIMUM CONTROL MEASURES 4 AND 5, AND DECLARING AN EMERGENCY WHEREAS: WHEREAS: The City of North Royalton and the Cuyahoga Soil and Water Conservation District recognize the need for effective collaboration in carrying out Clean Water Act responsibilities, especially related to National Pollutant Discharge Elimination System (NPDES) rules; and It is therefore necessary to authorize the Mayor to enter into a Memorandum of Understanding between the Cuyahoga Soil and Water Conservation District and the City of North Royalton for NPDES Storm Water Permit Minimum Control Measures 4 and 5. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH ROYALTON, COUNTY OF CUYAHOGA AND STATE OF OHIO, THAT: Section 1. The Mayor is hereby authorized to enter into a Memorandum of Understanding between the Cuyahoga Soil and Water Conservation District and the City of North Royalton for NPDES Storm Water Permit Minimum Control Measures 4 and 5 pursuant to terms and conditions approved by the Director of Law and substantially similar to a copy of which is attached hereto as Exhibit A and incorporated as if fully rewritten. 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 is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health, safety and welfare of the city, and for the further reason that it is immediately necessary to authorize the Mayor to enter into a Memorandum of Understanding between the Cuyahoga Soil and Water Conservation District and the City of North Royalton for NPDES Storm Water Permit Minimum Control Measures 4 and 5 to provide for an effective collaboration in carrying out Clean Water Act responsibilities, especially related to National Pollutant Discharge Elimination System (NPDES) rules. THEREFORE, provided this Ordinance receives the affirmative vote of two-thirds of all 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. PRESIDENT OF COUNCIL APPROVED: MAYOR DATE PASSED: DATE APPROVED: ATTEST: DIRECTOR OF LEGISLATIVE SERVICES YEAS: NAYS:

7 MEMORANDUM OF UNDERSTANDING Between the Cuyahoga Soil and Water Conservation District and the City of North Royalton This Memorandum of Understanding ( MOU ) is made this day of, ( Effective Date ), between the Cuyahoga Soil and Water Conservation District (SWCD) and City of North Royalton ( City ), for providing assistance with technical assistance in implementing soil and water conservation measures. Purpose Implementation of a conservation program that promotes best practices for pollution prevention and corresponds with the City s Municipal Separate Storm Sewer System permit. Recognizing the need for effective collaboration in protecting soil and water resources and in carrying out its mandated responsibilities, especially related to the National Pollutant Discharge Elimination System (NPDES) Storm Water Permit, the City and the Cuyahoga SWCD accept this agreement as the document which describes the process for exchange. Cooperation between these two units of government facilitates solutions to problems encountered by the City as it plans for the development/redevelopment and conservation of its environment, as well as, water quality improvements. The Ohio Revised Code, Chapter 940 describes the Cuyahoga SWCD s authority for engaging in this Mutual Agreement. NOW, THEREFORE, the parties understanding is as follows: Project Tasks The Cuyahoga SWCD and the City have mutually agreed to the scope of technical assistance related to pollution prevention on disturbed sites, including construction sites disturbing one or more acres of total land, including the entire area disturbed in the larger common plan of development or sale (>1 acre) as required under the NPDES rules. Construction activities disturbing less than one acre and not part of a larger common plan of development or sale of total land (<1 acre), and not covered under the NPDES rules, will be reviewed by the Cuyahoga SWCD as requested by the City. The Cuyahoga SWCD will: (i) perform storm water pollution prevention plan (SWP3) reviews for proposed development, redevelopment and infrastructure renovation projects; (ii) perform abbreviated construction plan reviews, as requested by the City; (iii) perform field reviews of active construction projects; (iv) perform long-term maintenance field reviews of post-construction water quality facilities; and (vii) provide written technical advisory reports detailing plan review recommendations, site conditions, and recommendations for compliance and/or maintenance activities needed. NPDES, Minimum Control Measure 4 Stormwater Pollution Prevention/Erosion & Sediment Control 1. The Cuyahoga SWCD will provide technical assistance, related to storm water pollution prevention and stormwater quality management, as requested, including: Preliminary site planning meetings or conference calls a. Review of development, redevelopment, and infrastructure renovation plans for compliance with NPDES rules (Ohio Revised Code (B) (1) through (6)) and the current edition of Ohio s Rainwater and Land Development standard guidance manual; b. Provide rapid field assessment of soils and soil quality; and c. Provide an annual report of all activities undertaken (including copies of any other data collected). 2. The annual conservation program will include technical assistance related to NPDES covered construction activities of an estimated of : 1 Cuyahoga SWCD MOU 2019

8 a active construction sites (>1 acre); b. Initial SWP3 reviews, as received (>1 acre); c. Subsequent SWP3 review, as needed (>1 acre); d. Technical advisory inspections (field reviews) and reporting (12 per year per site) once construction begins; e. Plan reviews for abbreviated construction plans will be performed by request of the City. 3. Construction site activities $19, NPDES, Minimum Control Measure 5 Post Construction Stormwater Management 1. As required under the MS4 Permit, the Cuyahoga SWCD will also provide annual inspections of all post construction stormwater control measures (water quality and water quantity basins): a. Transition meetings will be held with SWCD staff, city personnel and site personnel to review longterm operations and maintenance needs, and reporting requirements; b water quality and 1/3 (~50) stormwater control measures, annual long-term maintenance field reviews, including rapid field assessment, of post- construction water quality facilities; c. Technical advisory inspection and reporting to the City and landowners with SCMs on their properties; d. Project file management e. Mapping of facility locations; f. Maintenance program fact sheets, individual site assessments and training, when needed 2. Post-Construction Program-$9, The Cuyahoga SWCD will also provide technical advice on planning issues, including: a. Technical assistance on local legislation if the City pursues universal application of accepted best management practices at construction sites; b. Sound storm water management; c. Protection of sensitive natural areas; d. General evaluation of sensitive areas such as creeks, floodplains, soils, slopes, wetlands, watersheds, woodlands or other unique areas that are planned for development; e. Recommendations for stream bank and wetlands restoration, slope erosion control; and f. Small drainage systems and wildlife habitat enhancements. City s Role Related to Storm Water Pollution Prevention Activities 1. The City will designate someone to serve as the City s liaison for the storm water pollution prevention program. 2. The City will recognize the environmental and economic functions of naturally-vegetated open spaces, such as wetlands, stream corridors, ravines, woodlands and fields as worthy of the City s protection as open space. 3. The City will utilize the Cuyahoga SWCD s technical assistance including plan reviews, project inventories, evaluations, and inspections of planned construction sites, water quality and water quantity basins or sensitive natural areas of concern. 4. The City will direct builders, developers and consultants to the Cuyahoga SWCD for assistance on planning and conservation early in the concept planning stage of the construction planning cycle. 2 Cuyahoga SWCD MOU 2019

9 5. The City will adopt, apply and enforce Cuyahoga SWCD recommendations by not authorizing commencement and/or issuing work stoppage and other remedies. 6. The City will provide the Cuyahoga SWCD with field surveys, proposed layouts, designs or meeting notices needed for adequate technical assistance in a timely manner. 7. The City recognizes that the Cuyahoga SWCD has no regulatory authority to enforce NPDES rules. Agreed Procedures The City agrees to grant an annual conservation appropriation to the SWCD, not to exceed $28,850 per twelve month period following the Effective Date and the Cuyahoga SWCD agrees to use the grant funds to provide a conservation program for the City. The City and the SWCD will determine the most effective manner to appropriate the funds. The City will provide a resolution to the SWCD that acknowledges this working agreement and provides documentation to facilitate dispersal of funds to the SWCD on an annual basis. That the Cuyahoga SWCD is not granted regulatory authority in the Ohio Revised Code. That the Cuyahoga SWCD and the City will meet at least once a year to coordinate a work plan and exchange information. The Cuyahoga SWCD will provide the City with a written annual summary, relevant to its role, as outlined in this MOU. The NPDES rules, current edition of Ohio s Rainwater and Land Development standard guidance manual, and standards of the USDA, Natural Resources Conservation Service will be used in planning and application of conservation measures. That both parties will review quality of assistance and address concerns as they arise. All assistance provided by the Cuyahoga SWCD is offered on a non-discriminatory basis without regard to race, age, marital status, handicap or political persuasion. The City recognizes the Cuyahoga SWCD s obligation to make its reports and other written materials available to the public on request in accordance with the Ohio Public Records Act. Term, Renewal, Termination The term of this MOU shall commence on the date (the Initial Effective Date ) SWCD receives written notice from the City, in a form approved by SWCD and in accordance with Sections and of the Ohio Revised Code, as applicable, indicating that the City has agreed to provide funds, in an amount agreed to by the parties, to support SWCD s general operations for the following 12-month period (the Initial City Notice ). The parties acknowledge, understand, and agree that any such funding shall be for the purposes of the District s general operations for a period of 12 calendar months following the Initial Effective Date (the Initial MOU Term ) and that this MOU shall terminate on the 12-month anniversary of the Initial Effective Date in the event the City does not renew this MOU as set forth herein. This MOU may be renewed by City for any 12-month period following the Initial MOU Term (a Subsequent MOU Term ) provided that the SWCD receives written notice, as described above (a Subsequent City Notice ), not less than 30 days prior to expiration of the Initial MOU Term (the date the District receives a 3 Cuyahoga SWCD MOU 2019

10 Subsequent City Notice, a Subsequent Effective Date ), and shall continue to renew for any 12-month period provided that the SWCD receives a Subsequent City Notice not less than 30 days prior to expiration of any Subsequent MOU Term then in effect. This MOU may be amended or terminated at any time by mutual consent of both parties, or the agreement may be terminated by either party giving thirty (30) day s advance written notice to the other. In witness thereof, the Memorandum executed and agreed to on the latest day, month and year written below: Cuyahoga Soil & Water Conservation District City of North Royalton By: Ruth Skuly Chair Date: By: Hon. Robert Stefanik Mayor Date: 4 Cuyahoga SWCD MOU 2019

11 ORDINANCE NO INTRODUCED BY: Mayor Stefanik AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE CUYAHOGA COUNTY DISTRICT BOARD OF HEALTH TO PERFORM PHASE II STORMWATER ACTIVITIES WITHIN THE CITY AND PROVIDE OTHER SERVICES IN ORDER TO FACILITATE THE CITY S COMPLIANCE WITH ITS NPDES PERMIT FOR STORMWATER, AND DECLARING AN EMERGENCY WHEREAS: WHEREAS: The Cuyahoga County District Board of Health performs Phase II Stormwater activities within the City of North Royalton as well as providing other services in order to facilitate the city s compliance with its NPDES Permit for Stormwater; and It is therefore necessary to authorize the Mayor to enter into an agreement for these services. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH ROYALTON, COUNTY OF CUYAHOGA AND STATE OF OHIO, THAT: Section 1. The Mayor is hereby authorized to enter into an agreement with the Cuyahoga County District Board of Health to perform Phase II Stormwater activities within the City of North Royalton as well as providing other services in order to facilitate the city s compliance with its NPDES Permit for Stormwater pursuant to terms and conditions approved by the Director of Law and substantially similar to a copy of which is attached hereto as Exhibit A and incorporated as if fully rewritten. 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 is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health, safety and welfare of the city, and for the further reason that it is immediately necessary to authorize the Mayor to enter into an agreement with the Cuyahoga County District Board of Health to perform Phase II Stormwater activities within the City of North Royalton as well as providing other services in order to facilitate the city s compliance with its NPDES Permit for Stormwater. THEREFORE, provided this Ordinance receives the affirmative vote of two-thirds of all 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. PRESIDENT OF COUNCIL DATE PASSED: APPROVED: DATE APPROVED: MAYOR ATTEST: DIRECTOR OF LEGISLATIVE SERVICES YEAS: NAYS:

12 MEMORANDUM OF UNDERSTANDING CUYAHOGA COUNTY BOARD OF HEALTH AND THE CITY OF NORTH ROYALTON AUTHORITY AND CONSENT TO PROVIDE PHASE II STORMWATER SERVICES IN This Memorandum of Understanding ("MOU") is entered into by and between The Cuyahoga County Board of Health ("CCBH") and The City of North Royalton ( City ), both separate political subdivisions of the State of Ohio. 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, CCBH 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 an 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 Northeast Ohio Regional Sewer District ( The District ), pursuant to the authority of Ohio Revised Code Chapter 6119 adopted Title V - Stormwater Management Code as part of the District s Code of Regulations ( Title V ) and is authorized to provide and contract for overall Stormwater Management of the Regional Stormwater System within the jurisdiction of NEORSD; and WHEREAS: Title V requires NEORSD, on behalf of the municipalities within its jurisdiction to provide planning, financing, design, improvement, construction, inspection, monitoring, maintenance, operation, and regulation for the proper handling of stormwater runoff and the development and provision of technical support information and services to member municipalities; and WHEREAS: Section of Title V requires the District to provide Phase II stormwater regulation support services to member communities of the District with Ohio EPA s NPDES General Permit for Municipal Separate Storm Sewer Systems for Minimum Control Measures (MCMs) #1, #2, #3, and #6; and WHEREAS: Recently, the District passed resolution authorizing an agreement with the CCBH for services in support of NEORSD member communities compliance with the Ohio EPA s NPDES General Permit for Municipal Separate Storm Sewer Systems; and WHEREAS: Pursuant to the agreement between CCBH and NEORSD, the District recognizes CCBH as a service provider for 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; and 1

13 WHEREAS: In order for CCBH to provide the above described services to municipalities within the NEORSD jurisdiction, CCBH must contract with those municipalities that are part of the NEORSD jurisdiction in order to obtain consent and authority to perform these services; and WHEREAS: City has authority to grant consent and authority to CCBH for the purposes of performing the services outlined herein; and WHEREAS: Both parties desire to enter this MOU agreement for the purposes outlined herein. Now therefore, in consideration of the mutual promises and conditions set forth herein, BOARD and the CITY (each, a "Party" and collectively, the "Parties") agree as follows: A. PROJECT DESCRIPTION CCBH and the City 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; B. SCOPE OF WORK 1. The Board will monitor the City s designated Municipal Separate Stormwater System (MS4) outfall locations during a dry weather period (a minimum of 72 hours with no rain event) and sample all flowing outfall locations that are within the District s RSMP area for E. coli, during the 2019, 2020, and 2021 report periods. 2. The Board will provide an annual training presentation related to Good Housekeeping/Pollution Prevention for Municipal Operations for the community s employees on various best management practices. This will be coordinated with the community during the 2019, 2020, and 2021 report periods. 3. The Board will conduct an annual site inspection of the community s municipal operation facilities in 2019, 2020, and 2021 and provide a completed report. 4. The Board will provide the City an annual summary of the work that was 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 to be included in the City s Phase II Stormwater Annual report to the Ohio EPA. 5. The City will provide aid in opening storm sewer manholes where and when deemed necessary for the purpose of sample collections. C. CONSENT STATEMENT Being in the public interest, The City of North Royalton hereby gives consent to CCBH to complete the above described project. 2

14 D. COOPERATION STATEMENT The City of North Royalton shall cooperate with CCBH in the above described project as follows: 1. Provide maps, assistance and/or direction for CCBH to obtain access and/or samples for testing purposes; 2. The City will provide aid in opening storm sewer manholes where and when needed. E. COMPENSATION. The City shall have no obligation to pay the Board for the Scope of Work or services performed identified in Section B. F. INDEPENDENT CONTRACTOR. The Board is performing its duties and obligations under this Agreement as an independent contractor and is not an agent or employee of the City. The Board shall be responsible for its negligent acts or omissions and the negligent acts or omissions of its employees, officers, or directors, to the extent allowable by law. The entire cost and expense of these services will be provided by NEORSD to CCBH. No financial participation will be required by The City of North Royalton. G. TERM AND TERMINATION The term of this Agreement shall begin on and shall end on December 31, 2021, unless extended by the parties by agreement in writing. Either party may cancel this Agreement, for cause, with sixty (60) days written notice to the other party of such intent, when either the progress or results achieved under this Agreement is unacceptable to either party. Prior to cancellation of this Agreement, a meeting will be held by the parties to discuss issues of concern and seek resolution. If this Agreement is canceled by the parties prior to completion, the Board, within twenty (20) days, shall submit a certified final progress report if a percentage of work is completed by the date of cancellation. The City will pay the Board for the work completed as certified in this statement, subject to the provisions of this Agreement. H. MISCELLANEOUS TERMS a. Waivers and Amendments. The waiver by either Party of any provision of this MOU on any occasion and upon any particular circumstance shall not operate as a waiver of such provision of this MOU on any other occasion or upon any other circumstance. This MOU may be modified or amended only via a writing signed by both Parties. b. Assignment. Neither Party shall have the right to assign this MOU to any third party. Any such attempted assignment will be null and void. c. Complete Agreement; Integration. This MOU contains the complete understanding of the Parties with respect to the subject matter hereof and supersedes all other agreements, understandings, communications and promises of any kind, whether oral or written, between the Parties with respect to such subject matter. d. Compliance with Laws. The Parties will comply with all applicable laws and regulations in performing their obligations hereunder. When taking actions (or failing to act) in any way relating to 3

15 this MOU, neither Party shall unlawfully discriminate on the basis of race, sex, pregnancy, religion, disability, age, national origin, or color. e. No Third Party Beneficiaries. This MOU does not and is not intended to confer any rights or remedies upon any party other than the City and CCBH. f. Notices. All notices required or permitted under this MOU shall be given in writing by courier or reputable overnight delivery services, or by certified mail, return receipt requested, at the Party s address first set forth above, on behalf of the City, an additional copy shall be forwarded to the District. Such notices shall be effective when received. IN WITNESS WHEREOF, authorized representatives of the parties to this CONTRACT, indicating their party s approval of the terms herein, have signed as of the dates set forth below. FOR THE BOARD: Terrence Allan Health Commissioner Date: Approved as to form. Thomas P. O Donnell CCBH General Counsel Date: FOR THE CITY OF NORTH ROYALTON: Approved as to form. Date:, Esq. Law Director Date: 4

16 ORDINANCE NO INTRODUCED BY: Mayor Stefanik AN ORDINANCE AMENDING THE ORIGINAL APPROPRIATION ORDINANCE AS AMENDED BY ORDINANCES 18-15, 18-25, 18-54, 18-73, 18-79, AND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2018 BY TRANSFERRING APPROPRIATIONS AND MAKING ADDITIONAL APPROPRIATIONS, AND DECLARING AN EMERGENCY WHEREAS: Council wishes to amend the Original Appropriation Ordinance as amended by Ordinances 18-15, 18-25, 18-54, 18-73, 18-79, and for the fiscal year ending December 31, 2018 by transferring and making additional appropriations and providing for transfers between funds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH ROYALTON, COUNTY OF CUYAHOGA AND STATE OF OHIO, THAT: Section 1. To provide for the current expenses and other expenditures for the City of North Royalton, Ohio for the fiscal year ending December 31, 2018, the following sums be and they are hereby appropriated as itemized on Exhibit A attached hereto and incorporated herein as if fully rewritten. Section 2. The attached Exhibit A includes the following inter-fund transfers: General Fund Police Facility Fund $ 490, Operating General Fund EMS Levy Fund 1,230, Operating General Fund SCMR Fund 1,100, Operating General Fund NOPEC Grant Fund 60, Operating General Fund Police Pension Fund 390,00.00 Operating General Fund Fire Pension Fund 490, Operating General Fund Debt Service 500, Debt Service YMCA Special Revenue Fund Debt Service 521, Debt Service Recreation Capital Improvement Fund General Bond Retirement Fund 183, Advance Future Capital Improvement Fund General Bond Retirement Fund 286, Operating Future Capital Improvement Fund NOPEC Grant Fund 125, Advance Storm Sewer & Drainage Fund General Bond Retirement Fund 900, Advance Storm Sewer & Drainage Fund General Bond Retirement Fund 330, Debt Service Fire Capital Improvement Fund General Bond Retirement Fund 153, Debt Service Issue 1 Sprague Road Fund General Bond Retirement Fund 17, Debt Service Section 3. A copy of this Ordinance shall be submitted by the Director of Finance to the Auditor of Cuyahoga County, Ohio and upon certification by said Auditor as required by law, the Director of Finance of this City is hereby authorized to draw her warrants upon the City Treasury for payment of any certification and vouchers therefore approved by the proper officers authorized by law to approve the same, or an Ordinance or Resolution of the Council to make such expenditures; provided, however, that no warrants shall be drawn or paid for salaries or wages except to persons employed by authority of and in accordance with the law or the Ordinances of this Council. Section 4. 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.

17 Ordinance No Page 2 THEREFORE, provided this Ordinance receives the affirmative vote of a majority of all members elected to Council, it shall take effect and be in force from and after the earliest period allowed by law. PRESIDENT OF COUNCIL DATE PASSED: APPROVED: DATE APPROVED: MAYOR ATTEST: DIRECTOR OF LEGISLATIVE SERVICES YEAS: NAYS:

18 Ordinance No Exhibit A CITY OF NORTH ROYALTON 2018 AMENDING BUDGET ORDINANCE Appropriations Prior Amendments Total per Amendments this 2018 Ord Subtotal (7) Ordinance Appropriations GENERAL FUND POLICE DEPARTMENT Personal Service 3,306, , , A 3,501, Contractual Services 301, , A 356, Supply & Materials 162, , Capital Outlay 51, (25,000.00) (20,000.00) A 6, Total Police Department 3,821, , , ,026, ANIMAL CONTROL Personal Service 128, , Contractual Services 5, , Supply & Materials 7, , Capital Outlay Total Animal Control Department 142, , FIRE DEPARTMENT Personal Service 415, , (19,500.00) B 413, Contractual Services 293, , Supply & Materials 91, , , B 122, Capital Outlay Total Fire Department 800, , , POLICE AND FIRE COMMUNICATIONS Personal Service 212, , A 217, Contractual Services 722, , , A 772, Capital Outlay 2, (2,500.00) A - Total Police & Fire Comm 937, , , , STREET LIGHTING 145, , Total Street Lighting 145, , SAFETY DIRECTOR Personal Service 125, , Contractual Services 6, , Operating Supplies 6, , Capital Outlay 1, , Total Police & Fire Comm 139, , CEMETERY DEPARTMENT Contractual Services 22, , , Supply & Materials 155, , , Capital Outlay - 120, (50,000.00) C 70, Total Cemetery Department 178, , (50,000.00) 264, PARKS & RECREATION DEPARTMENT Personal Service 391, , , Contractual Services 77, , D 86, Supply & Materials 143, (9,000.00) D 134, Capital Outlay 35, , Total Parks & Recreation Department 647, , , PLANNING COMMISION Personal Service 7, , Contractual Services 5, E 5, Supply & Materials (250.00) E Capital Outlay Total Planning Commission 13, , BOARD OF ZONING Personal Service 12, , Contractual Services 2, , Supply & Materials Total Board of Zoning 15, , BUILDING DEPARTMENT Personal Service 593, , E 596, Contractual Services 69, (3,000.00) E 66, Supply & Materials 17, , of 8

19 Ordinance No Exhibit A CITY OF NORTH ROYALTON 2018 AMENDING BUDGET ORDINANCE Appropriations Prior Amendments Total per Amendments this 2018 Ord Subtotal (7) Ordinance Appropriations Capital Outlay - 31, , E 46, Total Building Department 680, , , , COMMUNITY DEVELOPMENT Personal Service 150, , Contractual Services 20, , Supply & Materials 2, , Capital Outlay Total Community Development 173, , RUBBISH COLLECTION Contractual Services 1,400, , F 1,465, Total Rubbish Collection 1,400, , ,465, SERVICE BUILDING AND GROUNDS Personal Service - - Contractual Services 100, (25,000.00) F 75, Supply & Materials 20, , Capital Outlay - 15, , Total Service Bldg. & Grounds 121, , (25,000.00) 111, MAYOR'S OFFICE Personal Service 316, , Contractual Services 34, , , Supply & Materials 2, , Total Mayor's Office 353, , , FINANCE DEPARTMENT Personal Service 420, (120,000.00) F 300, Contractual Services 125, , F 130, Supply & Materials 2, , Capital Outlay 2, , Total Finance Department 551, (115,000.00) 436, LEGAL ADMINISTRATION Personal Service 358, , F 363, Contractual Services 157, (15,000.00) (5,000.00) F 137, Supply & Materials 10, , Capital Outlay 1, , Total Legal Administration 527, (15,000.00) - 512, ENGINEERING DEPARTMENT Personal Service 160, , Contractual Services 155, , Supply & Materials 1, , Capital Outlay Total Engineering 317, , LEGISLATIVE Personal Service 317, , Contractual Services 53, , , Supply & Materials 13, , Capital Outlay 6, , Total Legislative Activity 390, , , MAYOR'S COURT Personal Service 135, , , Contractual Services 66, , Supply & Materials 1, , Total Mayor's Court 204, , , CIVIL SERVICE Personal Service 4, , Contractual Services 34, , Supply & Materials Total Civil Service 39, , CITY HALL BUILDING 3 of 8

20 Ordinance No Exhibit A CITY OF NORTH ROYALTON 2018 AMENDING BUDGET ORDINANCE Appropriations Prior Amendments Total per Amendments this 2018 Ord Subtotal (7) Ordinance Appropriations Personal Service 106, , F 109, Contractual Services 224, (4,000.00) 220, Supply & Materials 40, (14,500.00) F 26, Capital Outlay - - 4, Total City Hall Building 371, (4,000.00) (11,500.00) 360, OTHER GENERAL GOVERNMENT Personal Services 20, (5,000.00) F 15, Supply & Materials 250, (40,000.00) (20,000.00) F 190, Transfers-Out 3,500, , ,260, Total - Other General Government 3,770, , (25,000.00) 4,465, TOTAL - GENERAL FUND 15,741, ,217, (64,000.00) 16,898, ENFORCEMENT AND EDUCATIONAL FUND #205 Personal Service - 15, , Supply & Materials 20, (15,000.00) 5, Total - Enforcement & Education 20, , DRUG LAW ENFORCEMENT FUND #206 Supply & Materials Total - Drug Law Enforcement POLICE FACILITY OPERATING FUND #207 Personal Service 887, , Contractual Services 21, , Supply & Materials 65, , Capital Outlay 2, , Total - Police Facility Operating 977, , LAW ENFORCEMENT TRUST FUND #208 Contractual Service , , Supply & Materials 5, (150.00) 5, G 10, Capital Outlay 9, , G 19, Total - Law Enforcement Trust 15, , , , EMERGENCY MEDICAL SERVICE LEVY FUND #209 Personal Service 2,806, ,806, Contractual Services 49, , , H 98, Supply & Materials 37, , (5,500.00) H 42, Total EMS Levy Fund 2,894, , , ,947, MOTOR VEHICLE LICENSE FUND #210 Street Repair 225, , (5,000.00) I 260, Total Motor Vehicle License Fund 225, , (5,000.00) 260, STREET CONSTRUCTION, MAINTENANCE, & REPAIR FUND #211 Signals & Signs Contractual Services 65, (5,000.00) I 60, Supply & Materials 20, , I 25, , , Street Reconstruction Contractual Service - 85, , Capital Outlay 1,000, , , I 2,036, ,000, , , ,121, Street Construction, Maintenance & Repair Personal Service 2,049, (82,000.00) (250,000.00) I 1,717, Contractual Services 156, , Supply & Materials 410, (60,000.00) 350, Capital Outlay ,616, (142,000.00) (250,000.00) 2,224, Snow Removal Personal Service 116, , Contractual Services 15, , Supply & Materials 399, , Capital Outlay 150, (100,000.00) 50, , (100,000.00) - 580, of 8

21 Ordinance No Exhibit A CITY OF NORTH ROYALTON 2018 AMENDING BUDGET ORDINANCE Appropriations Prior Amendments Total per Amendments this 2018 Ord Subtotal (7) Ordinance Appropriations Total SCMR Fund 4,381, , (89,000.00) 5,010, STATE HIGHWAY FUND #212 Traffic Signals & Marking Contractual Services 25, , Street Maintenance & Repair Operating Supplies 32, , Snow & Ice Removal Supply & Materials 70, , Total State Highway Fund 127, , CITY INCOME TAX FUND #213 Contractual Services 475, , J 500, Total City Income Tax Fund 475, , , POLICE LEVY FUND #215 Personal Services 1,100, (175,000.00) 925, Capital Outlay 5, , , Total - Police Levy Fund 1,105, , ,432, FIRE LEVY FUND #216 Personal Service 1,000, ,000, Total Fire Levy Fund 1,000, ,000, RECYCLING GRANT FUND #217 Contractual Services 5, , Total Recycling Grant 5, , OFFICE ON AGING FUND #219 Personal Services 88, , K 108, Contractual Services 42, (650.00) 42, Supply & Materials 13, , Capital Outlay Total Office on Aging Fund 144, , , NOPEC GRANT FUND #221 Contractual Services - 185, , Operating Supplies Total Court Computer Fund - 185, , COURT COMPUTER FUND #236 Contractual Services 10, , Operating Supplies 5, , Total Court Computer Fund 15, , COMMUNITY DIVERSION PROGRAM FUND #237 Personal Services 15, , Contractual Services 1, , Operating Supplies 1, , Total Community Diversion 17, , CEMETERY IMPROVEMENT & MAINTENANCE FUND #238 Contractual Services Operating Supplies Capital Outlay Total Court Computer Fund ENTERPTISE ZONE FUND #239 Contractual Services , , Total Enterprise Zone Fund , , YMCA SPECIAL REVENUE FUND #249 Transfers-Out 521, , Total Enterprise Zone Fund 521, , ACCRUED BALANCES FUND #260 5 of 8

22 Ordinance No Exhibit A CITY OF NORTH ROYALTON 2018 AMENDING BUDGET ORDINANCE Appropriations Prior Amendments Total per Amendments this 2018 Ord Subtotal (7) Ordinance Appropriations Personal Service 84, , , Total AB Fund 84, , , POLICE PENSION FUND #261 Personal Service 605, , Total Police Pension Fund 605, , FIRE PENSION FUND #262 Personal Service 682, , L 732, Total Police Pension Fund 682, , , GENERAL BOND RETIREMENT FUND #321 Supply & Materials 10, , Debt Service - Interest 409, , M 644, Debt Service - Principal 1,445, ,445, Total General Bond Retirement 1,864, , ,099, SPECIAL ASSESSMENT FUND #341 Other 29, , M 42, Debt Service 183, , M 193, Total Special Assessment Fund 213, , , SERVICE CAPITAL FUND #430 Capital Outlay 67, , Total Rec Capital Improvement 67, , RECREATION CAPITAL IMPROVEMENT FUND #431 Recreation Capital Improvement Contractual Services 20, (18,500.00) N 1, Capital Outlay - 150, (132,000.00) N 18, Advance-Out - 183, Total Rec Capital Improvement 20, , (150,500.00) 203, FUTURE CAPITAL IMPROVEMENT FUND #432 Contractual Services Capital Outlay Debt Service Transfers-Out 286, , N 456, Total Future Capital Improvement Fund 286, , , STORM AND SEWER DRAINAGE FUND #433 Contractual Services 75, (73,000.00) O 2, Capital Outlay Advance-Out , Transfers-Out 330, , Total Storm & Sewer Drainage 405, (73,000.00) 1,232, FIRE CAPITAL IMPROVEMENT FUND #434 Contractual Service - 34, , Operating Supplies - 1, , Capital Outlay 547, , Debt Service 107, , Transfer Out 153, P 153, Total Fire Capital Improvement Fund 808, , , YMCA CAPITAL RESERVE FUND #437 Contractual Services - 20, , P 30, Total YMCA Capital Imp Fund - 20, , , WATER MAIN FUND #445 Contractual Services - 2, , Operating Supplies Capital Outlay 500, (500,000.00) - Total Water Main Fund 500, (497,800.00) - 2, YORK ROAD RECONSTRUCTION #448 Contractual Services 10, (10,000.00) - 6 of 8

23 Ordinance No Exhibit A CITY OF NORTH ROYALTON 2018 AMENDING BUDGET ORDINANCE Appropriations Prior Amendments Total per Amendments this 2018 Ord Subtotal (7) Ordinance Appropriations Capital Outlay 235, (235,000.00) - Total Wallings Road Fund 245, (245,000.00) - - YMCA CAPITAL IMPROVEMENT FUND #449 Contractual Services 20, (20,000.00) - - Total YMCA Capital Imp Fund 20, (20,000.00) - - ISSUE 1 - SPRAGUE ROAD FUND #451 Transfer Out 17, , Total YMCA Capital Imp Fund 17, , WASTEWATER TREATMENT FUND #551 Sanitary Sewer Treatment Personal Services 1,122, , , O 1,289, Contractual Services 818, ,753, ,571, Supply & Materials 281, , , Capital Outlay 110, , , ,332, ,429, , ,781, Compost Facility Contractual Services 28, , , Supply & Materials , , , Total Wastewater Treatment Fund 2,361, ,444, , ,825, WASTEWATER MAINTENANCE FUND #552 Storm Sewer & Drainage Maintenance Personal Service 587, (100,000.00) O 487, Contractual Services 28, , , O 143, Supply & Materials 108, , , , (55,000.00) 739, Wastewater Maintenance Personal Service 825, , Contractual Services 170, , Supply & Materials 179, , Capital Outlay 150, , Debt Service 45, , ,370, ,370, Total WW Maintenance Fund 2,095, , (55,000.00) 2,110, WASTEWATER DEBT SERVICE FUND #553 Debt Service 315, , Total WW Debt Service Fund 315, , WASTEWATER REPAIR AND REPLACEMENT FUND #555 Professional Service - 622, Capital Outlay 760, (491,785.00) 268, Transfers-Out Total WW Repair & Replacem't 760, (491,785.00) - 890, IMPROVEMENT HOLDING FUND #763 Refunds 50, (15,000.00) P 35, Total Improvement Holding Fund 50, (15,000.00) 35, OHIO BOARD OF BUILDING STANDARDS FUND #764 Other 3, , P 18, Total OBBS Fund 3, , , BUILDING CONSTRUCTION BOND FUND #766 Other 75, (15,000.00) P 60, Total Bldg. Construction Bond 75, (15,000.00) 60, OFFICE ON AGING DEPOSITS FUND #768 Other 3, , Total Office on Aging Deposits 3, , of 8

24 Ordinance No Exhibit A CITY OF NORTH ROYALTON 2018 AMENDING BUDGET ORDINANCE Appropriations Prior Amendments Total per Amendments this 2018 Ord Subtotal (7) Ordinance Appropriations UNCLAIMED FUNDS #769 Other 3, , Total Unclaimed Funds 3, , FUND TOTALS 39,153, ,205, , ,188, of 8

25 ORDINANCE NO INTRODUCED BY: Langshaw, Hannan, Petrusky AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A FIVE YEAR LEASE AGREEMENT WITH FIFTH THIRD BANK FOR THE PURCHASE OF MOTOROLA RADIOS AND CONSOLE UNIT FOR AN AMOUNT NOT TO EXCEED $442, FOR THE NORTH ROYALTON POLICE DEPARTMENT FROM MOTOROLA SOLUTIONS, AND DECLARING AN EMERGENCY WHEREAS: WHEREAS: WHEREAS: Council has authorized the purchase of radios and console unit for the North Royalton Police Department; and The city is purchasing this equipment through Motorola Solutions and said purchase meets or exceeds the specifications of the Ohio Cooperative Purchasing Program of the Department of Administrative Services, as required by House Bill 204; and It is necessary to provide for the funding of said purchase. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH ROYALTON, COUNTY OF CUYAHOGA AND STATE OF OHIO, THAT: Section 1. Council hereby authorizes the Mayor to enter into a five year lease agreement with Fifth Third Bank for the purchase of Motorola Radios and Console Unit for an amount not to exceed $442, for the North Royalton Police Department from Motorola Solutions, 500 W. Monroe Street, Chicago, IL as further described in Exhibit A attached hereto and incorporated as if fully rewritten and pursuant to terms and conditions approved by the Director of Law. Section 2. This purchase meets or exceeds the specifications of the Ohio Cooperative Purchasing Program of the Department of Administrative Services, as required by House Bill 204. Section 3. The Police Department is hereby authorized and directed to forward a certified copy of this Ordinance to Motorola Solutions. Section 4. 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 5. This Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health, safety and welfare of the city, and for the further reason that it is immediately necessary to provide for the purchase of this equipment for the North Royalton Police Department for the proper and immediate performance of departmental duties. THEREFORE, provided this Ordinance receives the affirmative vote of two-thirds of all 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. PRESIDENT OF COUNCIL APPROVED: MAYOR DATE PASSED: DATE APPROVED: ATTEST: DIRECTOR OF LEGISLATIVE SERVICES YEAS: NAYS:

26 LEASE TERM SHEET PREPARED FOR City of North Royalton, Ohio IS PRESENTED ON THIS DATE November 15, 2018 BY FIFTH THIRD BANK, NORTHEAST OHIO 600 Superior Avenue, East Cleveland, Ohio, Contacts Patrick Myers Vice President Phone: Dan Gilkey Vice President Phone: Classification: Internal Use City of North Royalton 1 of 6

27 November 15, 2018 The City of North Royalton Mr. Eric Dean Finance Director Dear Eric, Fifth Third Bank, its participants, or assigns ( Fifth Third Bank or Lessor ) presents the following lease Term Sheet for the lease of Equipment, specified at locations in the United States, to City of North Royalton ( Lessee ) in an amount up to $470, ( Equipment Cost ). This Term Sheet is subject to the terms and conditions described in this letter and the attached Exhibit A ( Lease Facility or Lease ). In today s complex business environment, the demand for a strong financial partner is tremendous. Fifth Third Equipment Finance ranks among the top Equipment Finance Companies in the United States. With a full service bank in excess of $140 Billion in assets behind us, and over $7 Billion in leased assets, our team can assess your needs and provide a comprehensive financial package - something few independent leasing companies can provide! Our Pledge of Service : guarantee our clients prompt, professional service and reliability, allowing you to take care of business. Our list of Products and their benefits are many. Products Benefits o o Municipal leases o Bank Qualified o Syndicated - Non-Bank Qualified QTE True leases o o o Tax exempt leases for non-profits Escrow Feature Land and Building Financing Available o o o o Reduces Issuance cost Conserves capital Fixed and Variable payments Firm Term & Non- Appropriation o o o o Longer and more flexible terms 100% financing Expands capital budgets Creates liquidity Finding solutions to your equipment finance needs is what Fifth Third Equipment Finance does best. Whether its computers, transportation, production equipment or office furniture, let the professionals at the Fifth Third Bank Equipment Finance Company be your partner, and we ll work hard to be The only bank you ll ever need for Equipment Financing! This letter is not a commitment to undertake this financing. The appropriate officers of Lessor can issue a commitment only after full credit and economic review and subsequent approval. Lessor reserves the right to decline the issuance of a commitment for any reason whatsoever. If Lessor issues a commitment, it may modify the terms of this Term Sheet and may add such additional requirements (including, but not limited to, financial covenants, requirements of guaranties or other credit support, and/or special equipment maintenance and return conditions), as Lessor may deem advisable. A commitment shall not be binding on Lessor unless it is in writing and signed by Lessor. Lessor will have the sole right to assign this Term Sheet or any lease between Lessee and Lessor. The terms and conditions outlined herein are not all inclusive. Any approval of the Lease Facility described herein is subject to no material adverse change in the Lessee s financial or business condition. If this Term Sheet letter is satisfactory to Lessee, please sign this Term Sheet and initial the Exhibit(s). Classification: Internal Use City of North Royalton 2 of 6

28 Your acceptance of this Term Sheet represents your intent to exclusively move forward with Lessor in order to expedite this transaction. Please feel free to contact Patrick Myers or Lorrie Harper if you have any questions, or would like to discuss this Term Sheet in greater detail. Upon notification of acceptance, we will promptly begin the approval process so that we may be in a position to finalize this transaction with you. Thank you for allowing us the opportunity to submit this Term Sheet to you. Yours very truly, FIFTH THIRD BANK Patrick Myers, Vice President Classification: Internal Use City of North Royalton 3 of 6

29 Exhibit A Lease Structure: Lessor: Lessee: Equipment: Equipment Cost: Delivery And Acceptance Date: Base Term Commencement Date: Base Term: Bank Qualified Municipal Lease Fifth Third Bank or Fifth Third Equipment Finance Company, its affiliates or assigns City of North Royalton, Ohio Motorola Radios and Console Unit Not to exceed $470, (assumed for Term Sheet purposes) To be determined. To be determined. Option 1: 3 years Option 2: 5 years Base Term Rent: Option 1: Lessee shall make three (3) equal annual payments in arrears of % of Equipment Cost ($169,203.12). Interest Rate: Option 1: 3.95% Option 2: Lessee shall make five (5) equal annual payments in arrears of % of Equipment Cost ($105,752.76). Option 2: 4.06% City of North Royalton End Of Term: Rate Adjustment: The lease is considered to be fully-amortizing, in that, the Lessee will retain ownership of the equipment upon full performance of the terms and conditions of the lease. The rates and/or payments referenced in this Term Sheet are based on the stated Base Term, Commencement Date, Equipment Cost, and current money market conditions. In addition, the payment illustrated on each amortization schedule may be adjusted for every basis point increase/decrease corresponding to the appropriate Bloomberg SWAP Rate report, which is based on the US dollar, a 30/360 day year, with a Semi-Annual Settlement (USD SWAP SEMI 30/360), and a term approximating the weighted average life (W.A.L.) of the transaction. As of November 14, 2018, the appropriate weighted average life was 2.03 and 3.10 years, and the applicable rate for this SWAP was 3.08% and 3.12% respectively for Option 1 and Option 2, which is based on a straight-line interpolation, proportional to the closest whole year SWAP rates. The final lease rate factor or loan Classification: Internal Use 4 of 6

30 interest rate shall be fixed at funding using the SWAP rate for the most recent previous day close and shall remain constant throughout the term (adjusted for tax-exempt treatment, assuming Lessor s Federal Tax Rate is 21%). The payment and all aspects of this Term Sheet may be adjusted prior to funding at the sole discretion of Lessor/Lender due to, but not limited to the following: changes in your credit worthiness, economic events, changes in the market pricing of risk or the general availability of liquidity/capital. Rate Lock: Type Of Lease: Tax Benefits: Documentation: Non-Appropriation: Cost And Expenses: Processing Fee: Insurance: The quoted rates will adjust as noted in the Rate Adjustment section of this Term Sheet until commencement of the Lease. Rate locks for up to 180 days are available upon request. The Lease will be net, with all Lease payment obligations absolute, unconditional, and all payments from Lessee will not be subject to any right of set-off. The Lessee will be responsible for (i) any and all costs, fees, charges and expenses in connection with the Equipment, including those related to acquisition, use, possession, operation, insuring, maintenance, repair and return of the Equipment, and (ii) all taxes, duties, charges and other levies of any type. During the term of the Lease, Lessor agrees that it shall not claim depreciation benefits or other benefits of being owner of the Equipment under the Internal Revenue Code of 1986 or any state income tax laws. It is anticipated that the required Lease documentation will include but not be limited to an Equipment Lease Agreement, Delivery and Acceptance Certificate, Board Resolutions, Incumbency Certificates, Legal Opinions, and other documents as required by Lessor. The Lease documentation will contain terms and conditions as are customary for transactions of this type and under the structure reviewed in this letter. In the event that funds are not appropriated for each fiscal year, the Lease is subject to termination by the Lessee. The Lessee agrees to pay all costs and expenses incurred in connection with the due diligence review, documentation, and closing of this Lease including, but not limited to, counsel fees, appraisal(s), lien searches, filing fees, and all other out-of-pocket expense relating to the Lease. Lessor shall charge a Processing Fee of $ per schedule, and will be invoiced at each Lease commencement. The Lessee will provide a certificate of insurance as evidence of all required physical damage, business interruption, and liability insurance coverage in an amount and by an insurance carrier satisfactory to the Lessor. The Lessor must be listed on the policy as sole loss payee and additional insured on the certificate of insurance, which is to be provided to the Lessor prior to closing. Classification: Internal Use City of North Royalton 5 of 6

31 Acceptance Of Term Sheet: Reporting: Lessee is asked to acknowledge its acceptance of this Lease Term Sheet by December 1, To be determined. Classification: Internal Use City of North Royalton 6 of 6

32 DATE: Nov. 13, 2018 DATE: Nov. 13, 2018 QUOTE #: NORTH ROYALTON QUOTE #: NORTH ROYALTON SW COG PROMOTION SW COG PROMOTION Equipment Proposal Address: Plaza Dr. Parma, OH Prepared By: MATT MARINO Phone: PREPARED FOR : BRUCE CAMPBELL BILL TO: COMPANY : CITY OF NORTH ROYALTON ADDRESS: SHIP TO: PHONE: ADDRESS: bcampbell@northroyalton.org APX 6500 MODEL (REMOTE MOUNT) W/ 05 CONTROL HEAD STS PRICING CURRENT AGREEMENT CURRENT AGREEMENT PROMOTIONAL PROMOTIONAL QTY ITEM NUMBER DESCRIPTION UNIT LIST PRICE UNIT LIST PRICE EXTENDED STS PRICING EXTENDED PRICING EXTENDED PRICING UNIT PRICING PRICING EXTENDED 26 M25URS9PW1 N APX6500 7/800 MHZ MID POWER MOBILE $ 2, $ 63, $ 1, $ 46, $ 1, $ 41, $ 1, $ 32, G51 ENH: SMARTZONE OPERATION APX6500 $ 1, $ 31, $ $ 22, $ $ 20, $ $ 16, G806 ADD: ASTRO DIGITAL CAI OPERATION $ $ 13, $ $ 9, $ $ 8, $ $ 6, G361 ADD: P25 TRUNKING SOFTWARE $ $ 7, $ $ 5, $ $ 5, $ $ 4, QA01648 ADD: ADVANCED SYSTEM KEY - HARDWARE KEY $ 5.00 $ $ 3.65 $ $ 3.25 $ $ 2.60 $ GA09008 ADD: GROUP SERVICES $ $ 3, $ $ 2, $ $ 2, $ $ 2, G996 ADD: PROGRAMMING OVER P25 (OTAP) $ $ 2, $ $ 1, $ $ 1, $ $ 1, G442 ADD: O5 CONTROL HEAD $ $ 11, $ $ 8, $ $ 7, $ $ 5, G444 ADD: APX CONTROL HEAD SOFTWARE $ - $ - $ - $ - $ - $ - $ - $ - 26 G67 ADD: REMOTE MOUNT MID POWER $ $ 7, $ $ 5, $ $ 5, $ $ 4, G335 ADD: ANT 1/4 WAVE MHZ $ $ $ $ $ 9.10 $ $ 7.28 $ W22 ADD: STD PALM MICROPHONE APEX $ $ 1, $ $ 1, $ $ 1, $ $ G142 ADD: NO SPEAKER NEEDED $ - $ - $ - $ - $ - $ - $ - $ - 26 G298 ENH: ASTRO 25 OTAR W/ MULTIKEY $ $ 19, $ $ 14, $ $ 12, $ $ 10, G851 ADD: AES/DES-XL/DES-OFB ENCRYPTION $ $ 20, $ $ 15, $ $ 13, $ $ 10, INSTALLATION AND PROGRAMMING SVC03SVC0105 LABOR, INSTALLATION, PROGRAMMING $ $ 13, $ $ 13, $ $ 13, $ $ 13, Subtotal $ 7, $ 196, $ 5, $ 147, $ 5, $ 132, $ 4, $ 108, APX 6000 MODEL 2.5: INCLUDES: Li-ON 2550mAh IMPRES 2 BATTERY STS PRICING CURRENT AGREEMENT CURRENT AGREEMENT PROMOTIONAL PROMOTIONAL QTY ITEM NUMBER DESCRIPTION UNIT LIST PRICE UNIT LIST PRICE EXTENDED STS PRICING EXTENDED PRICING EXTENDED PRICING UNIT PRICING PRICING EXTENDED 60 H98UCH9PW7BN APX /800 MODEL 3.5 PORTABLE $ 3, $ 207, $ 2, $ 151, $ 2, $ 134, $ 1, $ 107, QA00569 ADD: 7/800MHZ PRIMARY BAND $ - $ - $ - $ - $ - $ - $ - $ - 60 Q806 ASTRO DIGITAL CAI OPERATION $ $ 30, $ $ 22, $ $ 20, $ $ 16, QA00583 MISSION CRITICAL BLUETOOTH $ - $ - $ - $ - $ - $ - $ - $ - 60 H38 SMARTZONE OPERATION $ 1, $ 72, $ $ 52, $ $ 46, $ $ 37, G996 ADD: PROGRAMMING OVER P25 (OTAP) $ $ 6, $ $ 4, $ $ 3, $ $ 3, Q361 P BAUD TRUNKING $ $ 18, $ $ 13, $ $ 11, $ $ 9, Q498 ENH: ASTRO 25 OTAR W/ MULTIKEY $ $ 44, $ $ 32, $ $ 28, $ $ 23, QA01648 ADVANCED SYSTEM KEY - HARDWARE KEY $ 5.00 $ $ 3.65 $ $ 3.25 $ $ 2.60 $ Q15 AES/DES-XL/DES-OFB ENCRYPTION $ $ 47, $ $ 34, $ $ 31, $ $ 24, QA09008 ADD: GROUP SERVICES $ $ 9, $ $ 6, $ $ 5, $ $ 4, SPARE BATTERIES PMNN4485 BATT IMPRES 2 LIION R IP T $ $ 7, $ $ 5, $ $ 5, $ $ 3, STUBBY ANTENNA H122 1/4- WAVE 7/800 GPS STUBBY (NAR6595A) $ $ 1, $ $ 1, $ $ 1, $ $ H112 DEL: DELETE STANDARD ANTENNA $ (10.00) $ (600.00) $ (7.30) $ (330.00) $ (7.30) $ (438.00) $ (5.20) $ (312.00) 60 CHARGING SOLUTION NNTN8860A CHARGER, SINGLE-UNIT, IMPRES 2, 3A, 115VAC $ $ 9, $ $ 6, $ $ 6, $ $ 4, REMOTE SPEAKER MIC PMMN4062A ACCESSORY KIT IMPRES RSM DSPLY W JACK, W CHANNEL $ $ 7, $ $ 5, $ $ 5, $ $ 3, LEATHER SWIVEL CASE PMLN5657B APX6000 CC 2.75 SWLBL 2900&2150MAH $ $ 4, $ $ 3, $ $ 3, $ $ 2, H301 DEL: DELETE BELT CLIP/BASIC CARRY HOLDER $ (10.00) $ (600.00) $ (10.00) $ (600.00) $ (7.30) $ (438.00) $ (5.20) $ (312.00) INSTALLATION AND PROGRAMMING SVC03SVC0105 LABOR, INSTALLATION, PROGRAMMING $ $ 5, $ $ 5, $ $ 5, $ $ 5, Subtotal $ 7, $ 469, $ 5, $ 344, $ 5, $ 309, $ 4, $ 246, APX 6500 MOBILE CONTROL STATION STS PRICING CURRENT AGREEMENT CURRENT AGREEMENT PROMOTIONAL PROMOTIONAL QTY ITEM NUMBER DESCRIPTION UNIT LIST PRICE UNIT LIST PRICE EXTENDED STS PRICING EXTENDED PRICING EXTENDED PRICING UNIT PRICING PRICING EXTENDED 2 M25URS9PW1 N APX6500 7/800 MHZ MID POWER MOBILE $ 2, $ 4, $ 1, $ 3, $ 1, $ 3, $ 1, $ 2, G51 ENH: SMARTZONE OPERATION APX6500 $ 1, $ 2, $ $ 1, $ $ 1, $ $ 1, G806 ADD: ASTRO DIGITAL CAI OPERATION $ $ 1, $ $ $ $ $ $ G361 ADD: P25 TRUNKING SOFTWARE $ $ $ $ $ $ $ $ QA01648 ADD: ADVANCED SYSTEM KEY - HARDWARE KEY $ 5.00 $ $ 3.65 $ 7.30 $ 3.25 $ 6.50 $ 2.60 $ GA09008 ADD: GROUP SERVICES $ $ $ $ $ $ $ $ G996 ADD: PROGRAMMING OVER P25 (OTAP) $ $ $ $ $ $ $ $ G442 ADD: O5 CONTROL HEAD $ $ $ $ $ $ $ $ G444 ADD: APX CONTROL HEAD SOFTWARE $ - $ - $ - $ - $ - $ - $ - $ - 2 G66 ADD: DASH MOUNT $ $ $ $ $ $ $ $ W22 ADD: STD PALM MICROPHONE APEX $ $ $ $ $ $ $ $ G142 ADD: NO SPEAKER NEEDED $ - $ - $ - $ - $ - $ - $ - $ - 2 G298 ENH: ASTRO 25 OTAR W/ MULTIKEY $ $ 1, $ $ 1, $ $ $ $ G91 ADD: CONTROL STATION POWER SUPPLY $ $ $ $ $ $ $ $ W665 ADD: CONTROL STATION OPERATION $ $ $ $ $ $ $ $ GA00235 ADD: NO GPS ANTENNA NEEDED $ - $ - $ - $ - $ - $ - $ - $ - 2 G851 ADD: AES/DES-XL/DES-OFB ENCRYPTION $ $ 1, $ $ 1, $ $ 1, $ $ PROGRAMMING SVC03SVC0105 LABOR, INSTALLATION, PROGRAMMING $ $ 1, $ $ 1, $ $ 1, $ $ 1, Subtotal $ 7, $ 15, $ 5, $ 11, $ 5, $ 10, $ 4, $ 8, APX 8500 (MOTORCYCLE) STS PRICING CURRENT AGREEMENT CURRENT AGREEMENT PROMOTIONAL PROMOTIONAL QTY ITEM NUMBER DESCRIPTION UNIT LIST PRICE UNIT LIST PRICE EXTENDED STS PRICING EXTENDED PRICING EXTENDED PRICING UNIT PRICING PRICING EXTENDED 2 M37TSS9PW1 N APX8500 ALL BAND MP MOBILE $ 4, $ 9, $ 3, $ 6, $ 3, $ 6, $ 2, $ 4, GA05508 DEL: DELETE VHF BAND $ (800.00) $ (1,600.00) $ (584.00) $ (1,168.00) $ (520.00) $ (1,040.00) $ (416.00) $ (832.00) 2 GA05509 DEL: DELETE UHF BAND $ (800.00) $ (1,600.00) $ (584.00) $ (1,168.00) $ (520.00) $ (1,040.00) $ (416.00) $ (832.00) 2 G806 ENH: ASTRO DIGITAL CAI OP APX $ $ 1, $ $ $ $ $ $ G51 ENH: SMARTZONE OPERATION APX $ 1, $ 3, $ 1, $ 2, $ $ 1, $ $ 1, G361 ENH: P25 TRUNKING SOFTWARE APX $ $ $ $ $ $ $ $ G442 ADD: O5 CONTROL HEAD $ $ $ $ $ $ $ $ G444 ADD: APX CONTROL HEAD SOFTWARE $ - $ - $ - $ - $ - $ - $ - $ - 2 G67 ADD: REMOTE MOUNT MID POWER $ $ $ $ $ $ $ $ G174 ADD: ANT 3DB LOWPRO MCYC $ $ $ $ $ $ $ $ GA00235 ADD: NO GPS ANTENNA NEEDED $ - $ - $ - $ - $ - $ - $ - $ - 2 B18 ADD: AUXILARY SPKR 7.5 WATT $ $ $ $ $ $ $ $ W22 ADD: STD PALM MICROPHONE APX $ $ $ $ $ $ $ $ GA09008 ADD: GROUP SERVICES $ $ $ $ $ $ $ $ G996 ADD: PROGRAMMING OVER P25 (OTAP) $ $ $ $ $ $ $ $ G298 ENH: ASTRO 25 OTAR W/ MULTIKEY $ $ 1, $ $ 1, $ $ $ $ G851 ADD: AES/DES-XL/DES-OFB ENCRYPTION $ $ 1, $ $ 1, $ $ 1, $ $ G618 ADD:CBL REMOTE MOUNT 10 FEET $ $ $ 7.30 $ $ 6.50 $ $ 5.20 $ G138 ADD: APX MOTORCYCLE CH SFWR $ - $ - $ - $ - $ - $ - $ - $ - 2 W620 ADD: NO MTRCYCLE ENCL NEEDED APEX $ - $ - $ - $ - $ - $ - $ - $ - INSTALLATION AND PROGRAMMING SVC03SVC0105 LABOR, INSTALLATION, PROGRAMMING $ $ 1, $ $ 1, $ $ 1, $ $ 1, Subtotal $ 8, $ 17, $ 6, $ 13, $ 5, $ 11, $ 4, $ 9, MCC5500 STS PRICING CURRENT AGREEMENT CURRENT AGREEMENT PROMOTIONAL PROMOTIONAL QTY ITEM NUMBER DESCRIPTION UNIT LIST PRICE UNIT LIST PRICE EXTENDED STS PRICING EXTENDED PRICING EXTENDED PRICING UNIT PRICING PRICING EXTENDED 1 TRN7343 SEVEN AND A HALF FOOT RACK $ $ $ $ $ $ $ $ L3358A CONSOLE ELECTRONIC SHELF (CES) II $ 9, $ 9, $ 8, $ 8, $ 6, $ 6, $ 6, $ 6, CA00957AA ENH: (2) YR EXT SVC PL A/ADV RPLCMT PER OPERATOR POSTION $ $ $ $ $ $ $ $ L3550A DAP II FOR ANALOG,SB9600,ASTRO INTERFACES,INCL 2 ANALOG LICENSES $ 2, $ 6, $ 2, $ 6, $ 1, $ 4, $ 1, $ 4, TT05247AA ADD: 2 ANALOG CHANNELS WITH LICENSE R2.5 $ 2, $ 6, $ 1, $ 5, $ 1, $ 3, $ 1, $ 3, DDN6918A T3 CABLE 2 FEET $ $ $ $ $ $ $ $ L3468A MCC SERIES I/O SHELF W/ CONTROLLER & CABLE $ 1, $ 1, $ $ $ $ $ $ TT04532AA ADD: MCC SERIES I / O MODULE II $ $ $ $ $ $ $ $ L3359AC MCC 5500 OP CAB II / PS CALIFORNIA COMPLIANT $ 8, $ 8, $ 7, $ 7, $ 5, $ 5, $ 5, $ 5, DDN1055A CES/CAB PLENUM CABLE 100 FOOT $ $ $ $ $ $ $ $ B1913A MCC SERIES HEADSET JACK $ $ $ $ $ $ $ $ B1912A MCC SERIES DESKTOP SPEAKER $ $ $ $ $ $ $ $ BLN6732B FOOT, SWITCH TRADITIONAL $ $ $ $ $ $ $ $ TT2833A COMPUTER, Z440 WORKSTATION WINDOWS 7 (NON-RETURNABLE) $ 2, $ 2, $ 2, $ 2, $ 1, $ 1, $ 1, $ 1, DDN2134A SOUND BLASTER AUDIGY FX PCIE SOUND CARD-NOT COMPAT WITH Z2 MINI $ $ $ $ $ $ $ $ CDN6673A PC DESKTOP SPEAKERS $ $ $ $ $ $ $ $ DDN2089A DUAL IRR SW USB HASP WITH LICENSE (V47) $ 2, $ 2, $ 2, $ 2, $ 1, $ 1, $ 1, $ 1, DSCDN6171B TRACKERBALL (ONLY PS/2 & USB COMPATIBLE) $ $ $ $ $ $ $ $

33 1 TT2833A COMPUTER, Z440 WORKSTATION WINDOWS 7 (NON-RETURNABLE) $ 2, $ 2, $ 2, $ 2, $ 1, $ 1, $ 1, $ 1, DDN6916A CSDM PROGRAM $ 2, $ 2, $ 1, $ 1, $ 1, $ 1, $ 1, $ 1, DDN6924A CSDM COMPUTER CABLE (DB09) 25 FEET $ $ $ $ $ $ $ $ TT2482A IA FULL HARDENED CD (USE WITH MCC 5500 O $ $ $ $ $ $ $ $ WINDOW 7 & SERVER 2008 R2 1 DSEV221B TECH GLOBAL EVOLUTION SERIES 22INCH WITH TOUCH $ 3, $ 3, $ 3, $ 3, $ 2, $ 2, $ 2, $ 2, SVC03SVC0123D $ 1.00 $ 36, $ 1.00 $ 36, $ 1.00 $ 36, $ 1.00 $ 36, Subtotal 86, $ 81, $ 68, $ $ 68, ALL PRICES QUOTED PER STS WITH ADDITIONAL PROMOTIONAL PRICING AVAILABLE UNTIL DECEMBER 14, 2018 NET 30 DAY PAYMENT TERMS *PRICING AVAILABLE UNTIL DECEMBER 14, 2018* TOTAL LIST PRICE 786, $ TOTAL STS EXTENDED PRICE 597, $ CLEVELAND PRICING TOTAL $ 533, FINAL PRICING (PROMOTIONAL) $ 442, (EXPIRES 12/14/18)

34 RESOLUTION NO INTRODUCED BY: Hannan, Antoskiewicz, Nickell Co-Sponsor: Langshaw A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO THE FINAL CONTRACT WITH THE OHIO DEPARTMENT OF TRANSPORTATION FOR THE RESURFACING OF ROYALTON ROAD (SR-82) FROM YORK ROAD TO THE EAST CORPORATION LINE LYING WITHIN THE CITY OF NORTH ROYALTON, AND DECLARING AN EMERGENCY WHEREAS: On 4th day of September, 2018, the LPA enacted legislation proposing cooperation with the Director of Transportation for the described project: The project consists of resurfacing of Royalton Road (SR 82) from York Road to the east corporation line, lying within the City of North Royalton; and WHEREAS: The LPA shall cooperate with the Director of Transportation in the above described project as follows: The City agrees to assume and bear one hundred percent (100%) of the entire cost of the improvement, less the amount of Federal-Aid funds, set aside by the Director of Transportation for the financing of this improvement from funds allocated by the Federal Highway Administration, U.S. Department of Transportation. The share of the cost of the LPA is now estimated in the amount of Six Hundred Thirty Four Thousand Seven Hundred Fifty and 00/100 Dollars, ($634,750.00), but said estimated amount is to be adjusted in order that the LPA's ultimate share of said improvement shall correspond with said percentages of actual costs when said actual costs are determined; and WHEREAS: WHEREAS: The Director of Transportation has approved said legislation proposing cooperation and has caused to be made plans and specifications and an estimate of cost and expense for improving the above described highway and has transmitted copies of the same to this legislative authority; and The LPA desires the Director of Transportation to proceed with the aforesaid highway improvement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORTH ROYALTON, COUNTY OF CUYAHOGA AND STATE OF OHIO, THAT: Section 1. The estimated sum, of Six Hundred Thirty Four Thousand Seven Hundred Fifty and 00/100 Dollars ($634,750.00) is hereby appropriated for the improvement described above and the fiscal officer is hereby authorized and directed to issue an order on the treasurer for said sum upon the requisition of the Director of Transportation to pay the cost and expense of said improvement. We hereby agree to assume in the first instance, the share of the cost and expense over and above the amount to be paid from Federal funds. Section 2. The LPA hereby requests the Director of Transportation to proceed with the aforesaid highway improvement. Section 3. The LPA enter into a contract with the State, and that Mayor be, and is hereby authorized to execute said contract, providing for the payment of the LPA the sum of money set forth herein above for improving the described project. Section 4. The LPA transmit to the Director of Transportation a fully executed copy of this Resolution. Section 5. 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 6. This Resolution is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health, safety and welfare of the city, and for the further reason that it is immediately necessary to enter into the final contract with the Ohio Department of Transportation for the resurfacing of Royalton Road (SR-82) from York Road to the east corporation line lying within the City of North Royalton

35 Resolution No Page 2 THEREFORE, provided this Resolution receives the affirmative vote of two-thirds of all 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. PRESIDENT OF COUNCIL APPROVED: MAYOR DATE PASSED: DATE APPROVED: ATTEST: DIRECTOR OF LEGISLATIVE SERVICES YEAS: NAYS:

36 PID No ODOT Project No. (2019) FISCAL OFFICER S CERTIFICATE (Chapter 5521 and Section , Ohio Revised Code) I hereby certify to that the money, to wit: $634, required for the payment of the cost other than that thereof assumed by the Federal Government, for the improvement of that portion of State Route 82, lying within the corporate limits of the City of North Royalton, more particularly described as follows: The project consists of resurfacing of Royalton Road (SR 82) from York Road to the east corporation line, lying within the City of North Royalton; and has been lawfully appropriated for such purpose and is in the treasury to the credit of, or has been levied placed on the duplicate and in process of collection for the appropriate fund, and not appropriated for any other purpose; or is being obtained by sale of bonds issued on account of said improvement, which bonds are sold and in process of delivery. I further certify that this certificate was made, sealed and filed with the legislative authority of the City of North Royalton, Ohio, after said legislative authority passed the final resolution in connection with the within described project; and that this certificate was forthwith recorded in the record of the proceedings of said legislative authority, namely: Legislative Authority s Journal, Volume, at Page, IN WITNESS WHEREOF, I have hereunto set my hand and official seal as said fiscal officer, this day of, (Fiscal Officer s Seal) (If Applicable) Fiscal Officer of the City of North Royalton, Ohio

37 OHIO DEPARTMENT OF TRANSPORTATION ACCOUNT RECEIVABLE Make check payable to: Treasurer of State Mail to: Attn: Kathy Barthen Ohio Department of Transportation PID No Office of Estimating - #4160 Project No. (2019) 1980 West Broad Street, 1st Floor Invoice No Columbus, Ohio To: Eric Dean Federal Project No. E161(091) Director of Finance Cuyahoga County State Road City of North Royalton North Royalton, Ohio State Route Section 6.58 PLEASE ENCLOSE ONE COPY OF THIS INVOICE TO IDENTIFY YOUR REMITTANCE Proposal of Participation Type of Agreement Amount $634, Contract amount $589, ODOT Engineering amount $ 45, For the improvement of that portion of State Route 82, more particularly described as follows: The project consists of resurfacing of Royalton Road (SR 82) from York Road to the east corporation line, lying within the City of North Royalton. Total Amount Due $634, Ohio Department of Transportation By: Construction Cost Manager Office of Estimating

38 PID No ODOT Project No. (2019) of ESCROW AGREEMENT FOR HIGHWAY IMPROVEMENT This agreement made and entered at, Ohio, this day, 2019, by and between the Legislative Authority of, Ohio, The Ohio Department of Transportation (ODOT) and WITNESSETH (address) (zip code) (FINANCIAL INSTITUTION),, Ohio, (city), (telephone no.) That for and in consideration of the covenants and agreements of the parties herein contained. The ODOT hereby expressly authorizes the City to deposit the pre-bid estimate (or some larger amount) of said City's participation share of project cost in the amount of Six Hundred Thirty Four Thousand Seven Hundred Fifty and /100 Dollars, ($634,750.00), as required by the ODOT's Invoice No , on project described as: Cuyahoga County - City of North Royalton - State Route 82 Section Federal Project No. E161(091), in an interest bearing account, repurchase agreement or certificate of deposit with the FINANCIAL INSTITUTION. The City hereby agrees to deposit into the aforementioned account funds in the amount of $. The Financial Institution shall submit confirmation of this act (ex: deposit slip) with escrow agreement to the City. Such funds shall thereupon remain on deposit for the credit of the ODOT and said City, until such time as payment of the City's estimated participation share, as determined after receipt of bids, is ordered to be paid by the Administrator of the Office of Estimating or the Director of ODOT. Upon receipt of such order for payment, IN THE FORM OF A REVISED INVOICE, the FINANCIAL INSTITUTION hereby agrees to deliver and pay over to the ODOT, by return mail within Twenty-four (24) hours, the funds so requested (but in no event more than the amount of the pre-bid estimate), and to deliver and pay over to the City the accrued interest thereon and any balance that may remain. (The City's ultimate share of the cost shall be determined in accordance with the FINAL RESOLUTION and the CONTRACT). It is understood and agreed that funds on deposit pursuant to this agreement may be invested by the FINANCIAL INSTITUTION as provided herein and in accordance with applicable law and regulations. It is also expressly understood that the Local Public Agency shall not withdraw any funds.

39 PID No Escrow Agreement Legislative Authority of the City of North Royalton, Ohio Attest Clerk of City Council Attest Mayor Attest Presiding Office of Legislative Authority The Ohio Department of Transportation (Financial Institution) Director of Transportation (Address) 12/07/2018 (Date) (City) (Zip Code) by: (Signed by officer of Financial Institution) (Please print bank officer's name) (Title) (Date)

40 PID No ODOT Project No. (2019) C O N T R A C T (Chapter 5521, Ohio Revised Code) This contract is made by and between the State of Ohio, Department of Transportation, acting through its director (hereinafter referred to as the "STATE"), 1980 West Broad Street, Columbus, Ohio 43223, and the City of North Royalton, (hereinafter referred to as the legislative authority/local Public Agency or "LPA"). WITNESSTH: WHEREAS, Chapter 5521 of the Ohio Revised Code provides that the legislative authority may cooperate with the STATE in a highway project made by and under the supervision of the Director of Transportation; and WHEREAS, through the enactment of preliminary legislation, the LPA and the STATE have agreed to cooperate in the highway project described below; and WHEREAS, through the enactment of final legislation, the LPA has committed to pay an estimated amount of money as its share of the total estimated cost and expense of the highway project described below; and WHEREAS, the fiscal officer of the LPA has filed with the LPA a certificate stating that sufficient moneys are available, as required by Chapter 5521 and Section of the Ohio Revised Code. A duplicate certificate is attached hereto; and WHEREAS, in accordance with the final legislation, the LPA hereby enters into this contract with the STATE to provide for payment of the agreed portion of the cost of the highway project and any additional obligations for the highway project described below. NOW, THEREFORE, in consideration of the premises and the performances of mutual covenants hereinafter set forth, it is agreed by parties hereto as follows: SECTION I: RECITALS The foregoing recitals are hereby incorporated as a material part of this contract. SECTION II: PURPOSE The purpose of this contract is to set forth requirements associated with the highway project described below (hereinafter referred to as the "PROJECT") and to establish the responsibilities for the administration of the PROJECT by the LPA and the STATE.

41 SECTION III: LEGAL REFERENCES PID No Contract This contract is established pursuant to Chapter 5521 of the Ohio Revised Code. SECTION IV: SCOPE OF WORK The work to be performed under this contract shall consist of the following: The project consists of resurfacing of Royalton Road (SR 82) from York Road to the east corporation line, lying within the City of North Royalton. SECTION V: FINANCIAL PARTICIPATION 1. The STATE agrees to provide the necessary funds as enumerated in this section and allowed by law for the financing of this project. 2. The STATE may allocate the money contributed by the LPA in whatever manner it deems necessary in financing the cost of construction, right-of-way, engineering, and incidental expenses, notwithstanding the percentage basis of contribution by the LPA. 3. The total cost and expenses for the project are only an estimate and the total cost and expenses may be adjusted by the STATE. If any adjustments are required, payment of additional funds shall correspond with the percentages of actual costs when said actual costs are determined, and as requested, by the Director of Transportation. 4. The LPA agrees to pay to the STATE its share of the total estimated cost expense for the above highway project in the amount of Six Hundred Thirty Four Thousand Seven Hundred Fifty and /100 Dollars, ($634,750.00). 5. The City agrees to assume and bear one hundred percent (100%) of the entire cost of the improvement, less the amount of Federal-Aid funds, set aside by the Director of Transportation for the financing of this improvement from funds allocated by the Federal Highway Administration, U. S. Department of Transportation. 6. The LPA agrees to assume and bear One Hundred Percent (100%) of the cost of any construction items required by the LPA on the entire project, which are not necessary for the improvement, as determined by the State and Federal Highway Administration. 7. The LPA agrees that change orders and extra work contracts required fulfilling the construction contracts shall be processed as needed. The STATE shall not approve a change order or extra work contract until it first gives notice, in writing, to the LPA. The LPA shall contribute its share of the cost of these items in accordance with other sections herein.

42 PID No Contract SECTION VI: RIGHT-OF-WAY AND UTILITIES 1. The LPA agrees that all right-of-way required for the described project will be acquired and/or made available in accordance with current State and Federal regulations. The LPA also understands that right-of-way costs include eligible utility costs. 2. The LPA agrees that all utility accommodation, relocation, and reimbursement will comply with the current provisions of 23 CFR 645 and the ODOT Utilities Manual, including that: A. Arrangements have been or will be made with all utilities where facilities are affected by the described PROJECT, that the utilities have agreed to make all necessary removals and/or relocations to clear any construction called for by the plans of this PROJECT, and that the utilities have agreed to make the necessary removals and/or relocations after notification by the LPA or STATE. B. The LPA shall, at its own expense, make all removals and/or relocations of publicly-owned utilities which do not comply with the reimbursement provisions of the ODOT Utilities Manual. Publicly-owned facilities which do comply with the reimbursement provisions of the ODOT Utilities Manual will be removed and/or relocated at project expense, exclusive of betterments. C. The removals and/or relocation of all utilities shall be done in such a manner as not to interfere with the operation of the contractor constructing the PROJECT and that the utility removals and/or relocations shall be approved by the STATE and performed in accordance with the provisions of the ODOT Construction and Materials Specifications. SECTION VII: ADDITIONAL PROJECT OBLIGATIONS 1. The STATE shall initiate the competitive bid letting process and award the PROJECT in accordance with ODOT's policies and procedures. 2. The LPA agrees: A. To keep said highway open to traffic at all times; B. To maintain the PROJECT in accordance with the provisions of the statutes relating thereto, C. To make ample financial and other provisions for such maintenance of the PROJECT after its completion; D. To maintain the right-of-way and keep it free of obstructions in a manner satisfactory to the STATE and hold said right-of-way inviolate for public highway purposes;

43 PID No Contract E. To place and maintain all traffic control devices conforming to the Ohio Manual on Uniform Traffic Control Devices on the project in compliance with the provisions of Section of the Ohio Revised Code; F. To regulate parking in accordance with Section of the Ohio Revised Code, unless otherwise controlled by local ordinance or resolution. SECTION VIII: DISPUTES In the event that any disputes arise between the STATE and LPA concerning interruption of or performance pursuant to this contract, such disputes shall be resolved solely and finally by the Director of Transportation. SECTION IX: NOTICE Notice under this contract shall be directed as follows: City of North Royalton Ohio Department of Transportation State Road Office of Estimating North Royalton, Ohio 1980 West Broad Street, 1st Floor Columbus, Ohio SECTION X: FEDERAL REQUIREMENTS 1. In carrying out this contract, LPA shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, disability, or age. LPA will ensure that applicants are hired and that employees are treated during employment without regard to their race, religion, color, sex, national origin (ancestry), disability, genetic information, or age (40 years or older), sexual orientation, or military status (past, present, future). Such action shall include, but not be limited to, the following: Employment, Upgrading, Demotion, or Transfer; Recruitment or Recruitment Advertising; Layoff or Termination; Rates of Pay or other forms of Compensation; and Selection for Training including Apprenticeship. 2. To the extent necessary under Ohio law, LPA agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. LPA will, in all solicitations or advertisements for employees placed by or on behalf of LPA, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, national origin (ancestry), disability, genetic information, age (40 years or older), sexual orientation, or military status (past, present, future). If applicable, the LPA shall incorporate the foregoing requirements of this paragraph in all of its contracts for any of the work prescribed herein (other than subcontracts for standard commercial supplies or raw materials) and will require all of its subcontractors for any part of such work to incorporate such requirements in all subcontracts for such work.

44 PID No Contract 3. LPA agrees to fully comply with Title VI of the Civil Rights Act of 1964, 42 USC Sec LPA shall not discriminate on the basis of race, color, or national origin in its programs or activities. The Director of Transportation may monitor the Contractor's compliance with Title VI. SECTION XI: GENERAL PROVISIONS 1. This contract constitutes the entire contract between the parties. All prior discussions and understandings between the parties are superseded by this contract. 2. Neither this contract nor any rights, duties or obligations described herein shall be assigned by either party hereto without the prior express written consent of the other party. 3. Any change to the provisions of this contract must be made in a written amendment executed by both parties. 4. This contract and any claims arising out of this contract shall be governed by the laws of the State of Ohio. Any provision of this contract prohibited by the law of Ohio shall be deemed void and of no effect. Any litigation arising out of or relating in any way to this contract or the performance thereunder shall be brought only in the courts of Ohio, and the LPA hereby irrevocably consents to such jurisdiction. To the extent that the STATE is a party to any litigation arising out of or relating in any way to this contract or the performance thereunder, such an action shall be brought only in a court of competent jurisdiction in Franklin County, Ohio. 5. All financial obligations of the State of Ohio, as provided in this contract, are subject to the provisions of Section of the Ohio Revised Code. The financial obligations of the State of Ohio shall not be valid and enforceable unless funds are appropriated by the Ohio General Assembly and encumbered by the STATE. Additionally, it is understood that this financial obligation of the LPA shall not be valid and enforceable unless funds are appropriated by the LPA's legislative body. 6. This contract shall be deemed to have been substantially performed only when fully performed according to its terms and conditions and any modification thereof. 7. LPA agrees that it is currently in compliance and will continue to adhere to the requirements of Ohio Ethics law as provided by Section and of the Ohio Revised Code. SECTION XII: SIGNATURES Any person executing this contract in a representative capacity hereby warrants that he/she has been duly authorized by his/her principal to execute this contract on such principal behalf. Any party hereto may deliver a copy of its counterpart signature page to this Agreement via fax or . Each party hereto shall be entitled to rely upon a facsimile signature on any other party delivered in such a manner as if such signature were an original.

45 PID No Contract IN WITNESS THEREOF, the parties hereto have caused this contract to be duly executed in duplicate. SEAL (If Applicable) OHIO DEPARTMENT OF TRANSPORTATION LOCAL PUBLIC AGENCY City of North Royalton Director of Transportation Mayor Date Date Approved: Mike DeWine Attorney General of Ohio By: Stephen H. Johnson Chief, Transportation Section Date:

46 3IZB57IHRI369DYFCUG6YV Tom Pannet, for Director Party ID: A7DSLUJC7LZ7MLIM7ZCN6D IP Address: VERIFIED Multi-Factor Digital Fingerprint Checksum 3aa0b9a87db37b4a9bf3f0c8fe1db0f0ddee93bb Joseph Anthony Party ID: WLND55JXVJ2M96E9HG9B69 IP Address: VERIFIED Multi-Factor Digital Fingerprint Checksum ac ff963cd8477b3e9f e3d286c4 Timestamp Audit :48: All parties have signed document. Signed copies sent to: Tom Pannet, for Director, Joseph Anthony, and Kathy :48: Document signed by Joseph Anthony with drawn signature :48: Document viewed by Joseph Anthony (joseph.anthony@dot.ohio.gov) :44: Document signed by Tom Pannet, for Director (tom.pannett@dot.ohio.gov) with drawn signature :43: Document viewed by Tom Pannet, for Director (tom.pannett@dot.ohio.gov) :33: Document created by Kathy (kathy.barthen@dot.ohio.gov) Page 1 of 1