CITY COMMISSION AGENDA · 2020. 8. 21. · presentation at a second meeting before vote on passage. The City Manager recommends passage at the next scheduled City Commission meeting:

CITY COMMISSION AGENDA August 25, 2020 The Honorable City Commission The City of Springfield, Ohio The City Commission will hold a special VIRTUAL legislative meeting at 2:00 PM on Tuesday, August 25, 2020 in place of its regular evening session via the ZOOM Meeting application and can be viewed live on YouTube.com/GATVSpringfield5.

PUBLIC HEARINGS 149-20 At 2:00 PM, a public hearing will be held to consider the proposed change in zoning for 2.01 acres at 223 Montgomery Ave., from RM-12, OPD-H, to RM-12, Low-Density, Multi-Family Residence District. 150-20 At 2:05 PM, a public hearing will be held to consider the proposed change in zoning for 0.30 acres at 311 E. Cassilly Street, from RS-8, Medium-Density, Single-Family Residence District, to CO-1, Commercial Office District. CALL TO ORDER ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES

FIRST READINGS – ORDINANCES The following legislation is being presented for the first time and requires presentation at a second meeting before vote on passage. The City Manager recommends passage at the next scheduled City Commission meeting: 149-20 Amending the Zoning Map of Springfield, Ohio by rezoning 2.01 acres at 223 Montgomery Avenue, Springfield, Ohio from RM-12, OPD-H to RM-12, Low-Density, Multi-Family Residence District. 150-20 Amending the Zoning Map of Springfield, Ohio by rezoning 0.30 acres at 311 East Cassilly Street, Springfield, Ohio from RS-8, Medium-Density, Single-Family Residence District to CO-1, Commercial Office District. 167-20 Confirming and approving a Development Incentive Agreement (Single Family Residential Development) with Martin A. & Maria J. Goeser to provide for sewer services to real property outside the City limits.

August 25, 2020

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250-16 Authorizing the City Manager to enter into Amendment C to the Engineering Services Agreement with Black & Veatch Corporation for the Primary Effluent Pumps Replacement Evaluation and Design Project, to increase the contract for an amount not to exceed $226,373.00, for a total amount not to exceed $790,130.00; and to extend the completion date to February 15, 2021. 168-20 Authorizing the City Manager to submit the 2019 Consolidated Plan CAPER of The City of Springfield, Ohio to the United States Department of Housing and Urban Development. 169-20 Authorizing the release of Church of God Retirement Housing Limited Partnership from continuing obligations under its mortgage and promissory note given to secure performance of Church of God Retirement Housing Limited Partnership under its HOME Funded Loan Agreement, pertaining to the property located at 3693 Middle Urbana Road and commonly known as Northpointe Senior Living Apartments. 432-02 Authorizing the release of Springfield Housing Partners II LTD from continuing obligations under its mortgage and promissory note given to secure performance of Springfield Housing Partners II LTD under its HOME Funded Loan Agreement, pertaining to the property located at 108 East Mulberry Street and commonly known as Mulberry Gardens (Ice House) Apartments. 170-20 Authorizing the Law Director to approve and settle a claim with William S. & Kathy L. Rickord for the expense incurred as a result of damage that occurred on their property located at 2426 Carousel Dr. on or about May 18, 2020; and authorizing the Director of Finance to make payment to William S. & Kathy L. Rickord in the amount of One Thousand Three Hundred Ninety-Three Dollars ($1,393.00) as full settlement as and for said damages. 171-20 Accepting dedication of public improvements for the Derby Glen Village Subdivision.

SECOND READING – ORDINANCE The City Manager recommends passage of the following legislation, presented for a second time: 159-20 Amending Ordinance No. 91-90, passed March 12, 1991, and commonly known as the Codified Ordinances of The City of Springfield, Ohio, by repealing and replacing existing Chapter 170 titled Police Community Relations Advisory Group with new Chapter 170 titled Community Police Advisory Team. 160-20 Authorizing the acceptance of a 2020-2021 Drug Use Prevention Grant in an amount up to $38,732.40 from the Ohio Attorney General’s Office to be used for funding four officers to teach drug use prevention education in public schools; and authorizing the City Manager, Finance Director and Chief of Police to perform all acts and execute all documents they consider necessary to fulfill the City's obligations under said grant and to comply with all relevant local, state and federal legal requirements.

August 25, 2020

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161-20 Authorizing the City Manager to enter into a Shelter Plus Care 1 Grant Agreement (Grant #OH0204L5E071912) with the United States Department of Housing and Urban Development in an amount not to exceed $185,891.00; authorizing the City Manager and the Director of Finance to perform all acts and execute all documents they consider necessary to fulfill the City’s obligations under said grant agreement and to comply with all relevant local, state and federal legal requirements; and authorizing the City Manager to enter into a Subrecipient Funding Agreement (Shelter Plus Care 1 Tenant Based Assistance -- 2020-2021) between the City and Springfield Metropolitan Housing Authority to conduct a Shelter Plus Care 1 funded Tenant Based Rental Assistance and Administration Program in an amount not to exceed $169,440.00. 162-20 Authorizing the exercise of the City's option to renew the contract with JCI Jones Chemicals, Inc. for the purchase of liquid chlorine for use by the City’s Water Treatment Plant, for an amount not to exceed $35,000.00.

EMERGENCY ORDINANCES The following emergency legislation is being presented for the first time. The City Manager recommends passage upon approval: 172-20 Authorizing the City Manager to apply for, accept and enter into a Cooperative Agreement to finance the water and sewer portions of the CLA McCreight Avenue Project, PID No. 104831 with the Ohio Water Development Authority (“OWDA”). 162-17 Confirming and approving Change Order No. 8 to the contract between the City and Moody’s of Dayton, Inc. for the Well/Pump Cleaning and Rehabilitation Project, to increase the contract in an amount not to exceed $10,148.00, for a total amount not to exceed $1,654,261.00; authorizing the City Manager to execute said Change Order No. 8. 204-16 Authorizing the exercise of the City's option to renew the contract with Rumpke of Ohio, Inc. for Trash Pick-Up at Various City Facilities, for an amount not to exceed $8,404.20. 203-16 Authorizing the exercise of the City's option to renew the contract with Waste Management of Ohio, Inc. for Trash Pick-Up at Various City Facilities, for an amount not to exceed $12,856.27. 183-19 Confirming and approving Change Order No. 1 to the Emergency Construction Contract between the City and A & B Asphalt Corporation for the ramp repair at Spectra Jet at the Springfield Beckley Municipal Airport, to increase the contract in an amount not to exceed $6,370.00, for a total amount not to exceed $92,878.26. 266-14 Confirming and approving Change Order No. 2 to the contract between the City and J & J Schlaegel, Inc. for the CLA Belmont Avenue Reconstruction Phase 2 Project, PID No. 94814, Rebid, to increase the contract in an amount not to exceed $20,668.81, for a total amount not to exceed $2,658,450.18; and authorizing the City Manager to execute said Change Order No. 2.

August 25, 2020

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205-18 Authorizing the increase of a purchase order in an amount not to exceed $27,204.34, for a total cost not to exceed $84,955.52, for additional work for 15 street lights on the Broadway Street Reconstruction Project by Ohio Edison. 173-20 Authorizing the purchase of four Light Transit Narrow Body Vehicles for an amount not to exceed $338,088.00, from TESCO, through the Ohio Department of Transportation Cooperative Purchasing Program in accordance with the provisions of Section 5513.01(B) of the Ohio Revised Code. NEW ITEMS ON THE AGENDA

REMARKS FROM THE AUDIENCE

Respectfully submitted,

Bryan Heck City Manager

AN ORDINANCE NO.__________________ Amending the Zoning Map of Springfield, Ohio by rezoning 2.01 acres at 223 Montgomery Avenue, Springfield, Ohio from RM-12, OPD-H to RM-12, Low-Density, Multi-Family Residence District.

...oooOOOooo...

BE IT ORDAINED by the City Commission of The City of Springfield, Ohio: Section 1. That the Zoning Map of Springfield, Ohio, referred to in Subsection 1173.02(a) of the Springfield Zoning Code, is hereby amended by rezoning 2.01 acres at 223 Montgomery Avenue, Springfield, Ohio, described as Parcel No. 3400600004108054, from RM-12, OPD-H to RM-12, Low-Density, Multi-Family Residence District. Section 2. That the Clerk shall be directed to record the above amendment by filing this Ordinance together with schematic maps diagramming the effect of the amendment with the original master zoning map in the office of the Clerk, in the office of the Planning and Zoning Administrator, and in the fireproof vault provided for that purpose. Section 3. That this Ordinance shall take effect and be in force from and after fourteen (14) days from the date of its passage. PASSED this ___________ day ____________________________, A.D., 2020. __________________________________ ________________________________ PRESIDENT OF THE CITY COMMISSION CLERK OF THE CITY COMMISSION (Published: Springfield News-Sun ______________________, 2020) I do hereby certify that the foregoing Ordinance No. ____________ was duly

published in the Springfield News-Sun on ______________________________, 2020.

______________________________

CLERK OF THE CITY COMMISSION

AN ORDINANCE NO.__________________ Amending the Zoning Map of Springfield, Ohio by rezoning 0.30 acres at 311 East Cassilly Street, Springfield, Ohio from RS-8, Medium-Density, Single-Family Residence District to CO-1, Commercial Office District.

...oooOOOooo...

BE IT ORDAINED by the City Commission of The City of Springfield, Ohio: Section 1. That the Zoning Map of Springfield, Ohio, referred to in Subsection 1173.02(a) of the Springfield Zoning Code, is hereby amended by rezoning 0.30 acres at 311 East Cassilly Street, Springfield, Ohio, described as Parcel No. 3400700035214013, from RS-8, Medium-Density, Single-Family Residence District to CO-1, Commercial Office District. Section 2. That the Clerk shall be directed to record the above amendment by filing this Ordinance together with schematic maps diagramming the effect of the amendment with the original master zoning map in the office of the Clerk, in the office of the Planning and Zoning Administrator, and in the fireproof vault provided for that purpose. Section 3. That this Ordinance shall take effect and be in force from and after fourteen (14) days from the date of its passage. PASSED this ___________ day ____________________________, A.D., 2020. __________________________________ ________________________________ PRESIDENT OF THE CITY COMMISSION CLERK OF THE CITY COMMISSION (Published: Springfield News-Sun ______________________, 2020) I do hereby certify that the foregoing Ordinance No. ____________ was duly

published in the Springfield News-Sun on ______________________________, 2020.

______________________________

CLERK OF THE CITY COMMISSION

Request for Commission Action City of Springfield, Ohio

Item Number:___167-20___

Agenda Date: 8/25/2020 Today's Date: 8/13/2020

Subject: Confirm and approve a Development Incentive Agreement (DIA) with Martin A. Goeser and

Maria J. Goeser

Submitted By: Chris Moore

Department: Service Contact: Brian Hines 525-5800

Prior Date of Prior Ordinance/Resolution: Ordinance/Resolution:

Summary: Respectfully request City Commission authorization to approve the execution of a Development Incentive Agreement (DIA) with Martin A. Goeser and Maria J. Goeser for sewer service to their residential property

located at 3423 Troy Road.

The Goeser's purchased the property on May 26, 2020 from Larisa Solomon, who previously executed a

DIA for sewer service in April of 2018 (Ord. No. 18-103).

Justification for Emergency Action: (use reverse side if needed)

Department/Division_____Fund Description_________Account Number___________Actual Cost___

Total Cost: 0.00

14-Day Ordinance Emergency Ordinance (provide justification below)

Resolution (1 Reading) 14-Day Resolution (2 Readings) Emergency Resolution

Motion Contract

AN ORDINANCE NO.___________________ Confirming and approving a Development Incentive Agreement (Single Family Residential Development) with Martin A. & Maria J. Goeser to provide for sewer services to real property outside the City limits.

...oooOOOooo... WHEREAS, Martin A. & Maria J. Goeser own certain real property which is currently located outside the City limits; and

WHEREAS, Martin A. & Maria J. Goeser desire the privilege of obtaining sewer services from the City; NOW, THEREFORE:

BE IT ORDAINED by the City Commission of The City of Springfield, Ohio:

Section 1. That a Development Incentive Agreement (Single Family Residential Development), a copy of which is attached hereto, with Martin A. & Maria J. Goeser to provide for sewer services to real property outside the City limits, is hereby confirmed and approved. Section 2. That because the Development Incentive Agreement authorized by this ordinance constitutes a covenant running with the land, the City Manager is hereby authorized to execute such agreements and documents the City Manager deems necessary to document that the terms of this Development Incentive Agreement remain in effect upon change in the ownership of the property described in the Development Incentive Agreement. Section 3. That this Ordinance shall take effect and be in force from and after fourteen (14) days from the date of its passage. PASSED this ________ day of _________________________, A.D., 2020.

__________________________________ PRESIDENT OF THE CITY COMMISSION __________________________________ CLERK OF THE CITY COMMISSION


Item Number:___250-16___ Agenda Date: August 25, 2020 Today's Date: August 17, 2020

Subject: Authorize Amendment C to the Engineering Services Agreement with Black & Veatch for the Primary Effluent Pumps Replacement Evaluation and Design

Submitted By: Chris Moore

Department: Service Department Contact: Tim Weaver, 937-525-5800

Prior Date of Prior Ordinance/Resolution: 16-315 Ordinance/Resolution: 11/22/2016 18-107 4/24/2018 19-059 2/26/2019

Summary: Respectfully request City Commission authorization to approve the execution of Amendment C to the Engineering Services Agreement with Black and Veatch Corporation for services in connection with the Primary Effluent Pumps Replacement Evaluation and Design. The tasks in the original Scope of Services and Amendment B are substantially complete. Amendment C includes design of Phase 2 construction from 60% to 100% completion, extending the completion to February 15, 2021, and increasing the budget by $226,373.00 for a total not-to-exceed amount of $790,130.00.


Department/Division_____Fund Description_________Account Number___________Actual Cost___ Service/WWTP Sewer 637 Fund 140637-4030 PR7015 $226,373 Total Cost: $226,373



Motion Contract

AN ORDINANCE NO.___________________ Authorizing the City Manager to enter into Amendment C to the Engineering Services Agreement with Black & Veatch Corporation for the Primary Effluent Pumps Replacement Evaluation and Design Project, to increase the contract for an amount not to exceed $226,373.00, for a total amount not to exceed $790,130.00; and to extend the completion date to February 15, 2021.

...oooOOOooo... WHEREAS, the City and Black & Veatch Corporation entered into an Engineering Services Agreement for the Primary Effluent Pumps Replacement Evaluation and Design Project pursuant to Ordinance No. 16-315 and amended pursuant to Ordinance Nos. 18-107 and 19-59; and WHEREAS, the City has requested additional work be completed by Black & Veatch Corporation; NOW, THEREFORE: BE IT ORDAINED by the City Commission of The City of Springfield, Ohio: Section 1. That the City Manager is hereby authorized to enter into Amendment C to the Engineering Services Agreement with Black & Veatch Corporation for the Primary Effluent Pumps Replacement Evaluation and Design Project, a copy of which is attached hereto and is hereby approved, to increase the contract for an amount not to exceed $226,373.00, for a total amount not to exceed $790,130.00; and to extend the completion date to February 15, 2021. Section 2. That this Ordinance shall take effect and be in force from and after fourteen (14) days from the date of its passage. PASSED this _________ day of _________________________, A.D., 2020.


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AMENDMENT C TO ENGINEERING SERVICES AGREEMENT

PRIMARY EFFLUENT PUMPS REPLACEMENT EVALUATION AND DESIGN

THIS AMENDMENT C entered into this day of , 2020 by

and between THE CITY OF SPRINGFIELD, OHIO, an Ohio municipal corporation (

“OWNER”) whose mailing address is 76 East High Street, Springfield, Ohio 45502 and

BLACK & VEATCH CORPORATION (“ENGINEER”) whose mailing address is 4449

Easton Way Suite 150, Columbus, Ohio 43219: WITNESSETH:

WHEREAS, on December 6, 2016, the parties entered into an Engineering Services

Agreement (the “Agreement”) for the furnishing of professional services by ENGINEER

regarding the City of Springfield, Primary Effluent Pumps Replacement Evaluation and

Design (the “Project”); and,

WHEREAS, on May 8, 2018 the parties executed “Amendment A” to the

Agreement to include additional tasks and modify the Scope of Services, as defined therein;

and,

WHEREAS, on March 12, 2019 the parties executed “Amendment B” to the

Agreement to include other additional tasks and modify the Scope of Services, as defined

therein; and,

WHEREAS, OWNER is now desirous of the performance of additional tasks by

ENGINEER not previously included in the Scope of Services, Amendment A, Amendment

B, and are defined herein by this “Amendment C”,

NOW, THEREFORE, the parties here to agree as follows:

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AMENDMENT C

The Agreement is hereby amended to include the following additional scope of services as set forth below.

SCOPE OF SERVICES

The City of Springfield has elected to combine Contract 1, Electrical Upgrade and Utility

Relocation and Contract 2, Primary Effluent Pumps Replacement, into a single

construction package/contract: Primary Effluent Pumps Replacement. ENGINEER is

currently under contract for the design, bidding, and construction phase services for

Contract 1, and up to 60% design completion for Contract 2. This amendment C to the

Engineering Services Agreement will encompass the completion of the final design and

bidding documents for the work that was originally included in Contract 2, combining the

documents into a single bid package, and bid phase services for the combined project.

Construction phase services for the combined Primary Effluent Pumps Replacement will

be included under a separate amendment.

This scope of services for the work which has already been completed to 100% includes

the replacement and relocation of Unit Substation 2 and Motor Control Center 3 (“MCC3”)

to address the electrical supply issues identified under Amendment A. The project will

relocate existing duct banks, a Waste Activated Sludge pipe, a natural gas pipe, and other

ancillary utilities to provide adequate space for the improvements. This Amendment C

includes the expansion and reconfiguration of the existing Primary Effluent Pump Station

(“PEPS”) wet well, top slab, and equipment. The design will be based on the 60%

Drawings completed under Amendment B. The design of the PEPS will comply with

current applicable Hydraulic Institute Standards for this type of pumping facility. Detailed

design of the PEPS will be based upon Alternative 3 as described in the Project Summary

Report, which consists of four vertical turbine pumps, each having a rated capacity of 13.75

million gallons per day. The Project will also include electrical connections to MCC3, wet

well structural expansion, and Instrumentation and Control for the PEPS. ENGINEER

shall consider impacts of excavation support, temporary pumping, and construction

sequencing for the design and construction of this project.

ENGINEER shall include in the scope of services for this Amendment C, which were not

included in previous amendments, the following components:

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Design of a canopy for the PEPS AFD’s;

Temporary Bypass Pumping;

Motor Operated Recirculation Valve;

New WAS Pumping Station PLC;

Trickling Filter Bypass Slide Gate;

Fiber Optic Patch Panel in the Main Building.

A. Detailed Design. ENGINEER shall prepare detailed design drawings and technical

specifications for construction in accordance with the requirements of OWNER’S

Department of Engineering Construction Specification and Standard Drawings, dated

December 1, 2003 (contract front end and bidding requirements are thus provided by the

OWNER). All submittals and delivery of the design documents will be in an electronic

format prescribed by the OWNER. ENGINEER shall prepare or provide the following:

1. 90 Percent Design. 90 percent design shall commence only after OWNER has

reviewed and accepted 60 percent deliverables. ENGINEER will furnish one

electronic copy of the 90 percent design documents to OWNER and meet with

OWNER to obtain OWNER’s comments on the submittal. ENGINEER shall

resolve any questions and revise documents, if necessary.

2. Cost Estimate: ENGINEER will solicit costs from equipment suppliers and prepare

an Opinion of Probable Construction Cost, upon acceptance by the OWNER, of 90

percent deliverables. ENGINEER will furnish one electronic copy of the

Engineer’s Opinion of Probable Construction Cost to OWNER.

3. Permitting: ENGINEER will provide assistance to the OWNER in preparation of

a Bypass Pumping Requirement Memorandum, Permit to Install, and Building Permit.

a. Temporary Bypass Pumping Requirement Memorandum: Engineer will

provide a memorandum for the OEPA which will justify and determine the required temporary bypass pumping requirements during construction of the project. Submission of a Bypass Pumping Memorandum will include frequency of plant flows, descriptions of bypass pumping alternatives with cost estimates, and potential mitigative measures. The Temporary Bypass Pumping Memorandum will be utilized to determine the pumping flow rate required during construction.

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b. Permit to Install: Submission of the Permit to Install to the OEPA will include copies of the drawings and technical specifications with appropriate ENGINEER’S endorsements. OWNER will be responsible for all permit fees and application costs. ENGINEER will revise the drawings and technical specifications, if necessary, based on OEPA comments.

c. Building Permit: Submission of the Building Permit to the City of Springfield

will include copies of the drawings and technical specifications with appropriate ENGINEER’S endorsements. OWNER will be responsible for all permit fees and application costs. ENGINEER will revise the drawings and technical specifications, if necessary, based on Building Permit comments.

4. Final (100 percent) Construction Contract Documents. Final document preparation

shall commence only after OWNER has reviewed and accepted 90 percent

deliverables. ENGINEER will furnish one electronic copy of the final Construction

Contract Documents to OWNER.

5. Bidding Assistance. ENGINEER shall provide support during the bidding phase

of the Project, including responding to technical questions from prospective

bidders, addendum preparation, and attending the pre-bid conference.

SCHEDULE

ENGINEER shall perform all services described above to meet the following

proposed schedule:

Primary Effluent Pumps Replacement

90-Percent Design November 1, 2020

Permitting Submission November 15, 2020

Final Construction Contract Documents February 15, 2021

*It should be noted that the dates above are for reference only and are not within control

of the ENGINEER.

COMPENSATION

The additional work described in this Amendment C has an established budgetary

fee of $226,373.00. With approval of Amendment C, the total compensation shall be




Subject: Submission of the 2019 Consolidated Annual Performance Report (CAPER)

Submitted By: Shannon Meadows, Community Development Director

Department: Community Development Contact: Jackie Sudhoff X3480


Summary: Respectfully requesting City Commission to approve an ordinance authorizing the City Manager to submit

the 2019 Consolidated Annual Performance Report (CAPER) to the Department of Housing and Urban Development. The report has a 30-day public comment period that will end 8/24/20. Under a waiver

from HUD, the report must be submitted no more than 180 days after the end of the grant year (3/31/20).

The CAPER is an end of year report for the expenditures and accomplishments of the Community Development Block Grant (CDBG) Program, the Emergency Solutions Grant (ESG) Program and the HOME

Partnership Program for the 2019 Grant Year (4/1/2019 – 3/31/2020). The full report can be found on the City’s website.



Total Cost:



Motion Contract

AN ORDINANCE NO._________________ Authorizing the City Manager to submit the 2019 Consolidated Plan CAPER of The City of Springfield, Ohio to the United States Department of Housing and Urban Development.

...oooOOOooo... WHEREAS, it is necessary that the City Manager be authorized to submit the 2019 Consolidated Plan CAPER of The City of Springfield, Ohio to the United States Department of Housing and Urban Development so that the City may meet the submission deadline imposed by the United States Department of Housing and Urban Development; NOW, THEREFORE: BE IT ORDAINED by the City Commission of The City of Springfield, Ohio: Section 1. That the City Manager is hereby authorized to submit the 2019 Consolidated Plan CAPER of The City of Springfield, Ohio to the United States Department of Housing and Urban Development. The 2019 Consolidated Plan CAPER document is attached hereto and is hereby approved. Section 2. That this Ordinance shall take effect and be in force from and after fourteen (14) days from the date of its passage.

PASSED this __________day of _________________________, A.D., 2020.


Community Development Department

Consolidated Annual Performance and Evaluation Report (CAPER)

for the 2019 Program Year April 1, 2019 to March 31, 2020

Reporting on: Community Development Block Grant (CDBG) Program

Emergency Solutions Grant (ESG) Program HOME Program

Completed by the Community Development Department

Date of Submission to the Department of Housing and Urban Development: August 2020

CAPER 1 OMB Control No: 2506-0117 (exp. 06/30/2018)

CR-05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.

Program specifics detailing activities performed, persons/areas served and total program expenditures are given in the various charts and narratives within this report. The listing below shows the Consolidated Plan goals and actual performance measures resulting for each activity listed in the Consolidated Plan and Action Plan. Many of the activities being carried out can actually fit more that one goal or category, but all effort is made to make sure the funding and outcomes for each activity are only counted once. The total funds expended include program income, surplus funds from prior grant years and expenditures out of the entitlement grant amount as well. (Expenditure amounts are rounded to the nearest dollar). Seven public service activities were funded through CDBG: Weed Cutting, Board and Secure, Junk and Trash, Neighborhood Enhancement Programming, Reserve a Roll Off, Supplemental Law Enforcement Assistance Program (SLEAP) and Promise Neighborhood. Additionally, CDBG funds were used to administer the City’s Housing Rehab, Homeless Assistance, Code Enforcement, Minority Business, and Fair Housing and Mediation programs.

Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.

Goal Category Source / Amount

Indicator Unit of Measure

Expected – Strategic Plan

Actual – Strategic Plan

Percent Complete

Expected – Program Year

Actual – Program Year

Percent Complete

Code Enforcement

Affordable Housing

CDBG: $ Buildings Demolished Buildings 50 0 0.00%


Code Enforcement

Affordable Housing

CDBG: $ Housing Code Enforcement/Foreclosed Property Care

Household Housing Unit

15000 1747 11.65%

3000 1747 58.23%

Economic Development and Job Creation

Non-Housing Community Development

CDBG: $ Jobs created/retained Jobs 10 7 70.00%

4 7 175.00%

Economic Development and Job Creation


CDBG: $ Businesses assisted Businesses Assisted

20 28 140.00%

5 28 560.00%

Housing for Special Needs

Affordable Housing Non-Homeless Special Needs

CDBG: $148206 / HOME: $ / ESG: $

Rental units constructed Household Housing Unit

4 0 0.00%

5 0 0.00%



CDBG: $148206 / HOME: $ / ESG: $

Rental units rehabilitated


20 0 0.00%



CDBG: $148206 / HOME: $ / ESG: $

Homeless Person Overnight Shelter

Persons Assisted

1500 0 0.00%

300 0 0.00%


New Housing Construction

Affordable Housing

CDBG: $148206 / HOME: $

Rental units constructed Household Housing Unit

0 0 2 0 0.00%


Affordable Housing

CDBG: $148206 / HOME: $

Homeowner Housing Added


5 0 0.00%


Affordable Housing

CDBG: $148206 / HOME: $

Direct Financial Assistance to Homebuyers

Households Assisted

5 0 0.00%

2 0 0.00%

Owner Occupied Housing Rehabilitation

Affordable Housing

CDBG: $ / HOME: $

Homeowner Housing Rehabilitated


125 9 7.20%

25 9 36.00%

Owner Occupied Housing Rehabilitation

Affordable Housing

CDBG: $ / HOME: $

Direct Financial Assistance to Homebuyers

Households Assisted

0 0 3 0 0.00%

Promotion of Fair Housing and Program Admin

Affordable Housing Public Housing Homeless

CDBG: $ / HOME: $50589 / ESG: $19000

Other Other 111 0 0.00%

111 0 0.00%

Public Services and Facilities


CDBG: $

Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit

Persons Assisted

35000 2740 7.83%

3000 2740 91.33%


Public Services and Facilities


CDBG: $

Public service activities other than Low/Moderate Income Housing Benefit

Persons Assisted

35000 100026 285.79%

3000 100026 3,334.20%

Removal of Slum and Blight


CDBG: $ Buildings Demolished Buildings 55 22 40.00%

25 22 88.00%

Tenant Based Rental Assistance/Rapid Re-Housing

Homeless HOME: $ / ESG: $

Tenant-based rental assistance / Rapid Rehousing

Households Assisted

75 0 0.00%

15 0 0.00%

Table 1 - Accomplishments – Program Year & Strategic Plan to Date

Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.

The City continued to make steady progress funding the priorities as outlined in the Consolidated Plan. The progress seen in recent years has slowed, however, as a result of the limited amount of entitlement funds and the NSP funds nearing completion. The city continued to fund neighborhood development, economic development, code enforcement, housing development (HOME and CDBG funds) and the continuum of care umbrella projects (ESG, Supportive Housing, and Shelter Plus Care). These strides and achievements are being seen over the entire community development area. Priority progress as well as identified barriers are reported elsewhere in this report. The City increased the impact of federal dollars by leveraging private and other public moneys.

Code Enforcement and the correction of violations that are found during inspections continued to be a focal point of CDBG expenditures in 2019 and as a high priority held within the Consolidated Plan. Code Enforcement and the related correction of violations used 35% of the entitlement funds in 2019. In total 4338 lots were mowed, 2368 junk and trash violations were corrected (459 with CDBG funds) and 42 vacant structures were boarded.

Housing unit production and the number of homes rehabbed using HOME and CDBG funds declined in 2019. The long time employee managing


the city's housing programs retired in early 2019 and this was the first grant year without his leadership. The city continues to partner with local non-profit organizations and for profit developers to increase the supply of decent affordably rental housing for low income households. Two new construction projects providing housing for low income households were built within the grant year but was not ready for IDIS closeout at the end of the grant year. At the end of the grant year two additional new contruction projects were being developed. For more specific information regarding goal attainment, barriers and strategies for future see accomplishments under affordable housing and affordable housing sections.

In regards to CDBG community development goals, the progress in addressing these goals has been detailed in other sections of this narrative. The number of agencies benefiting from grant funds has continued to be low. The City has not operated a competitive grant process in a number of years. However, the delivery of services continues to reach a broad cross section of the LMI community. The funded activities are also displaying much more cost sharing either through other grants or from private resources in the community.

Staff will look at how well programs and projects are meeting needs, and then use that information to improve performance and better target resources. Outcomes include decent housing, suitable living environment and economic opportunity. In early 2018 staff submitted an Amendment to the Consolidated Plan reprogramming funds from an underutilized economic development revolving loan fund. The expenditure of those funds began in 2019 and will continue into 2020. Additionally, the 2020 year saw an influx of additional HUD funds to the city. As the city works to be as flexible as possible to prevent, prepare for and respond to the COVID-19 Pandemic and its physical and economic effects on our community, additional amendments to our plan will be necessary.


CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a)

CDBG HOME ESG White 6 23 0 Black or African American 0 11 0 Asian 0 0 0 American Indian or American Native 1 0 0 Native Hawaiian or Other Pacific Islander 0 0 0 Total 7 34 0 Hispanic 0 0 0 Not Hispanic 7 34 0

Table 2 – Table of assistance to racial and ethnic populations by source of funds

Narrative

Actual numbers for ESG are collected from partnering agencies as reporting in SAGE. Other numbers are collected from the PR23 report.


CR-15 - Resources and Investments 91.520(a) Identify the resources made available

Source of Funds Source Resources Made Available

Amount Expended During Program Year

CDBG public - federal 5,135,139 2,915,260 HOME public - federal 1,498,759 411,598 ESG public - federal 155,993 145,730

Table 3 - Resources Made Available Narrative Identify the geographic distribution and location of investments

Target Area Planned Percentage of

Allocation

Actual Percentage of Allocation

Narrative Description

CDBG Eligible Area 40 23 Other non-Code Enforcement PS

City-wide 20 49 Housing Programs Code Enforcement Target Area 40 29

Code Enforcement and Violation Correction

Table 4 – Identify the geographic distribution and location of investments

Narrative

Approximately 75% of the City of Springfield is represented in the identified Low-Mod Census Tracts and Block Groups. Code Enforcement activities, whether it is the staff time spent in identifying the code violations or the various public service activities that correct those code violations, are all targeted to the Code Enforcement Area, and designed to assist in the revitalization of low and mod census tracts. The CE Target Area was identified as the Low-Mod Census Tracts. Housing rehab activities are tied to the household meeting an LM National Objective and this can be located anywhere within the City. While Housing Rehab activities are offered city-wide, most rehab activities do take place within LMA areas. The actual percentage of allocations reflected above are based upon all funds (CDBG, HOME and ESG).


Leveraging

Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.

HOME MBE/WBE report - Please note that there are no funds reported in the MBE/WBE Contractor section. This is solely because the city does not currently have any rehab contractors that have choosen to be on the Certification list. Of the $49,330 in HOME rehab funds spent for homeowner rehab, $21.681 in contracts were awarded to a minority contractor.

The CDBG program has leveraged significant funding through its support of the community development partners. Local partners bring in local, state and national sources of program funding and matching funds. The City's support of the Small Business Development Center brings in significant leveraging funds as it receives funds through the Ohio Department of Development and the federal SBA to operate its loan and business incubation programs. Additionally, the Continuum of Care also secures a significant amount of grant funds from local, state and other federal sources of funds to assist in addressing the needs identified in the plan. The ESG program requires at least a 1 to 1 match. Sub-grantees usually exceed this goal. A 1 to 1 match or leveraged funds is also expected of all Shelter + Care supportive service partners. Reaching this expectation varies in difficulty for each partner. Partners that have access to Medicaid reimbursement have a very easy time of meeting this match and more. Other partners struggle to meet the requirement.

The HOME program requires a match for some programs as well in accordance with HOME Match requirements. For 2019, the City of Springfield once again had a 100% reduction in their Match amount required.

Fiscal Year Summary – HOME Match 1. Excess match from prior Federal fiscal year 1,163,345 2. Match contributed during current Federal fiscal year 0 3. Total match available for current Federal fiscal year (Line 1 plus Line 2) 1,163,345 4. Match liability for current Federal fiscal year 0


Fiscal Year Summary – HOME Match 5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) 1,163,345

Table 5 – Fiscal Year Summary - HOME Match Report


Match Contribution for the Federal Fiscal Year Project No. or

Other ID Date of

Contribution Cash

(non-Federal sources)

Foregone Taxes, Fees,

Charges

Appraised Land/Real Property

Required Infrastructure

Site Preparation, Construction

Materials, Donated labor

Bond Financing

Total Match

Table 6 – Match Contribution for the Federal Fiscal Year

HOME MBE/WBE report

Program Income – Enter the program amounts for the reporting period Balance on hand at

begin-ning of reporting period

$

Amount received during reporting period

$

Total amount expended during reporting period

$

Amount expended for TBRA

$

Balance on hand at end of reporting period

$

0 0 0 0 0 Table 7 – Program Income


Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Total Minority Business Enterprises White Non-

Hispanic Alaskan Native or American

Indian

Asian or Pacific

Islander

Black Non-Hispanic

Hispanic

Contracts Dollar Amount 0 0 0 0 0 0 Number 0 0 0 0 0 0 Sub-Contracts Number 0 0 0 0 0 0 Dollar Amount 0 0 0 0 0 0 Total Women

Business Enterprises

Male

Contracts Dollar Amount 0 0 0 Number 0 0 0 Sub-Contracts Number 0 0 0 Dollar Amount 0 0 0

Table 8 - Minority Business and Women Business Enterprises

Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted

Total Minority Property Owners White Non-Hispanic Alaskan

Native or American

Indian

Asian or Pacific

Islander

Black Non-Hispanic

Hispanic

Number 0 0 0 0 0 0 Dollar Amount 0 0 0 0 0 0

Table 9 – Minority Owners of Rental Property


Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired 0 0 Businesses Displaced 0 0 Nonprofit Organizations Displaced 0 0 Households Temporarily Relocated, not Displaced 0 0

Households Displaced

Total Minority Property Enterprises White Non-Hispanic Alaskan

Native or American

Indian

Asian or Pacific

Islander

Black Non-Hispanic

Hispanic

Number 0 0 0 0 0 0 Cost 0 0 0 0 0 0

Table 10 – Relocation and Real Property Acquisition


CR-20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.

One-Year Goal Actual Number of Homeless households to be provided affordable housing units 300 0 Number of Non-Homeless households to be provided affordable housing units 40 0 Number of Special-Needs households to be provided affordable housing units 5 0 Total 345 0

Table 11 – Number of Households

One-Year Goal Actual Number of households supported through Rental Assistance 30 0 Number of households supported through The Production of New Units 1 2 Number of households supported through Rehab of Existing Units 30 7 Number of households supported through Acquisition of Existing Units 0 0 Total 61 9

Table 12 – Number of Households Supported

Discuss the difference between goals and outcomes and problems encountered in meeting these goals.

Housing unit production has remained steady for LMI persons. Additionally, the number of private and non-profit developers contacting the city has remained constant over the last few years with the city taking the initiative to provide redevelopment incentives for neighborhood revitalization. In 2019, partnerships with Neighborhood Housing Partnership and Mental Health produced two additional units of housing for low income households and individuals that have beneficiaries but are awaiting close out. These activities are still open in IDIS awaiting final closure.


Discuss how these outcomes will impact future annual action plans.

Staff will look at how well programs and projects are meeting needs, and then use that information to improve performance and better target resources. Outcomes include decent housing, suitable living environment and economic opportunity. The City will be working on the refinement to be able to measure the goals and accomplishments in a meaningful manner.

The City has had much success in stabily housing low income households by partnering with local non-profit agencies to build new housing. While this does not allow for larger numbers of units to be built for low income households, it does provide for a quiality product for the individuals and neighborhoods in which the housing is placed. As the city works towards the future, it plans to continue these partnerships while working towards the ability to ramp up production of the much needed affordable housing.

Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.

Number of Households Served CDBG Actual HOME Actual Extremely Low-income 1 0 Low-income 3 0 Moderate-income 4 2 Total 8 2

Table 13 – Number of Households Served

Narrative Information

HOME, CDBG Housing Activities and ESG Activities require the documentation of meeting income limitations of the specific programs by family size. The numbers above are being pulled automatically from IDIS. Internal records show 8 extremely low income households and 5 low-income households and 2 moderate income households being served with HOME funds. CDBG internal records of clients show 4 extremely low-income housholds, 12 low-income and 3 moderate income Households served.


CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs

The City works closely with the local Continuum of Care (CoC) to coordinate the services provided to households that are homeless or precariously housed. The CoC works together to make sure the needs of this population are met. The CoC is comprised of agencies from many social service areas including domestic violence, drug and alcohol addiction, mental health, developmental disabilities, elderly, foster care, and inmate re-entry population. Each of these agencies conducts outreach to their specific clientele to assess housing needs. Interfaith Hospitality Network and the agencies that serve meals and operate food pantries work together to conduct outreach and identify the needs of "other" homeless and precariously housed households.

In extreme winter weather conditions, members of the CoC work together with Interfaith Hospitality Network to ensure that a "no barrier" cold shelter for the unsheltered homeless population and any other household that is precariously housed in Springfield and Clark County during the extreme cold weather of the winter season. Additionally, Interfaith Hospitality Network has the ability to open additional beds with "overflow capacity" at IHN's Men's and Family Shelters. IHN also has the ability to use motel vouchers which greatly assisted the homeless population. Many of the individuals and households served during these extreme weather events found their way into more stable housing and even permanent housing as a result.

As the 2019 grant year was wrapping up, the COVID-19 Pandemic was ramping up. The end of the 2019 grant year saw Interfaith Hospitality Networkd and Project Woman close their congergate shelters in favor of housing homeless in "non-congregate shelter" hotel rooms.

Addressing the emergency shelter and transitional housing needs of homeless persons

The City works with the local agencies that operate Emergency and Transitional Housing in Springfield. These agencies are active leaders of the local CoC. The local CoC assists the city in the determination of the usage and allocation of Emergency Solutions Grant the city receives. Likewise, the local CoC region works with the Ohio Balance of State CoC to coordinate an application on behalf of the community for homeless assistance grants through the Ohio Balance of State. The Ohio Balance of State CoC monitors the performance of these grants to ensure a competitive performance on application and to ensure the needs of the clients are being met.


Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs

The network of agencies within the CoC work to assist low-income individuals and households that are most at risk of becoming homeless and work to prevent this event. Services provided to clients of mental health, alcohol and drug abuse programs, domestic violence, developmental disabilities provide clients with mainstream resources to attain stable housing and living situations. The agencies of the CoC also work closely with Jobs and Family Services to attain Prevention, Retention and Contingency funds for clients to stabilize housing situations.

The COVID-19 Pandemic has placed urgrency on the need to successfully assist households aviod homelessness. The number of households in need of assistance has exponentially bloomed, and we are not yet to the peak of the need. In response, the city will be providing homeless prevention assistance through both CDBG and HOME in addition to ESG funds. As the need increased, IHN has experienced great difficulty in finding housing for those households that have become homeless, therefore an added emphasis will be placed on preventing homeless episodes.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again

In order to help chronically homeless individuals and families transition into permanent housing, the City’s Shelter + Care grants all prioritize chronically homeless on its waiting list. Additionally, In order to lessen the time spent in Emergency and Transitional shelters, the local CoC agencies have chosen to utilize part the Emergency Solutions Grant the city receives for Rapid Re-Housing activities in order to divert as many families as possible from entering the shelters. IHN also receives funding from the Ohio Balance of State for rapid re-housing activities as well. Additionally, IHN operates a permanent housing with supportive services facility for the area's homeless. This is a low-barrier facility that has made an immediate impact on the homeless population in the community.



CR-30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing

The City recognizes the importance of SMHA as an affordable housing provider and a lead agency within the Continuum of Care group. The City contracts with SMHA for the project delivery activities of the TBRA and Shelter + Care programs which includes conducting on-site inspections of the rental units and income certifications for all tenants in the programs on at least a yearly basis as criteria for participation in the programs. The City maintains open lines of communications with the agency and has a good working relationship with it representatives. SMHA hired a new executive director recently. The city is excited at the new direction SMHA is headed and looks forward to a very positive relationship with this entity.

Actions taken to encourage public housing residents to become more involved in management and participate in homeownership

The public housing facilities have had resident councils for a number of years. These councils offer residents the opportunity to express their opinions regarding the management of the facility in which they live. Resident Councils currently are active in Hugh Taylor and Grayhill Apartment buildings. Additionally, SMHA is working to establish a new council and Henry Homes and Cole Manner.

Additionally, SMHA offers residents a Family Self Sufficiency Program to HCV participants assisting them in setting and attaining goals, including employment, education and home ownership (HCV oinly). Through this program residents can escrow a portion of their rent to be used at a later date if their goals are being met. This escrow account can be used for a down payment on a house. The Family Self Sufficiency Program currently has 25 participants, with 16 having an escrow account and all 16 contributing to that escrow on a monthly basis.

Actions taken to provide assistance to troubled PHAs

N/A


CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i)

The City of Springfield works very hard to create an environment friendly for affordable housing projects. The land use controls, tax policies, zoning codes, building codes and other policies do not restrict affordable housing projects. Maintenance and support of affordable housing efforts are demonstrated by various efforts to directly assist owners and tenants. Strategies and efforts include the following: Housing Rehabilitation for Owner Occupied Housing Rental Assistance for Tenant Housing (ESG Rapid Re-Housing) Emergency Repair Assistance for Owner Occupied Housing Down Payment Assistance for First Time Home Buyers

In 2019 The City worked to ammend their Community Reinvestment Areas, expanding the area to encompass nearly all of Springfield's legacy neighborhoods. This incentive gives Real Estate Tax Abatement on the improved value of rehabilitated homes located within the designated Community Reinvestment Areas. In 2019 one household took advantage of this program.

Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j)

The city identifies several populations as meeting the community's definition of "underserved" in terms of housing, including elderly, victims of domestic violence, persons with developmental disabilities, mental health issues and those in need of addiction services. The single greatest obstacle to meeting underserved needs is lack of funding. Rehabilitation and basic housing assistance for this population is a high priority for the community. The city coordinates with many other service organizations that provide social services for this population and work to identify client-housing need. The end of the 2019 grant year saw increased food insecurity in Springfield as a local Kroger store closed in an area of low income concentration and COVID-19 began making an economic impact. In response, the city began working with Second Harvest Food Bank to ensure increased food access was available.

CITY OF SPRINGFIELD MINORITY BUSINESS OUTREACH The City continues to be committed to Minority Business Development, through Chapter 153 of its Codified Ordinances. This Chapter identifies the following objectives, 1.) To ensure that disadvantaged and minority business enterprises have maximum opportunity to participate in all City contracts; 2.) To encourage all City contractors to make conscientious efforts, consistent with sound procurement practices and applicable law, to afford


disadvantaged and minority/female business enterprises a fair opportunity in their subcontracting or supplying process; and 3.) To prohibit City contractors from discriminating against potential subcontractors and potential suppliers because such potential subcontractor or potential supplier is a minority/female or a disadvantaged business. (Ord. 94-106. Passed 4-5-94.) The City of Springfield's Minority Business participation goal for HUD funded projects is at 22% of the applicable contract amount. Staff in the Community Development Department and the Division of Purchasing within the Purchasing Department work together to ensure Minority, Female and Disadvantaged Business Enterprises have the maximum opportunity to participate in all City contracts regardless of funding source. Reports submitted to HUD via HUD-2516 indicated the total percentage of contract funds being awarded to minority and women-owned businesses was an average of 17% or $58,595.90.

Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j)

The City of Springfield has partnered with HUD, the Clark County Combined Health District (CCCHD), and the Ohio Department of Health (ODH) to evaluate and reduce lead based paint hazards. The Health District, local pediatric offices, and the Woman's and Infant Center (WIC) have tested children between the ages of one and six years old to determine the blood lead levels in young children. In addition, Hart Environmental Resources and ODH have performed Risk Assessments on various properties in Springfield and Clark County to evaluate and pinpoint lead hazards. The CCCHD, WIC, and local partners educate the public about the hazards of lead based paint through multiple advertising resources such as pamphlets/brochures, newspaper articles, training, distributed materials, posters, Facebook and other internet sites. While lead poisoning has been addressed with these partnerships, more work is needed. The City of Springfiled still has a high number of homes that are at risk of containing lead based paint with most of these homes being rentals that are available as rental units that house lower income households. Any rental assistance provided with HUD funds requires a visual lead paint inspection and assistanceis withheld until the unit is compliant. While this is an imporant step, it only reaches a limited number of households. For over a decade the City of Springfield administered a Lead Safe Springfield program that directly addressed lead paint in housing units with HUD funds. The City did not choose to renew the grants because changing regulations made if very difficult for the City to achieve the necessary performance measures expected from the grant. The city will continue to work to address this problem.

Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j)

The Ohio Department of Jobs and Family Services in Clark County is the local agency that works to reduce the number of families living at or below the poverty level. JFS Clark County is responsible for the allocation of Medicaid, Cash Assistance and Food Stamp benefits for the county.


In addition to these services the agency partners with many other local agencies to reduce the poverty level in Clark County. JFS provides a One Stop Shop for employment, housing and other social service needs, and the WorkPlus program provides job placement assistance. JFS also works with Ohio Industrialization Center of Springfield on a "Bridges Out of Poverty" program that provides training and education to service providers in working with and understanding the "culture of poverty" in which their clients live.

Actions taken to develop institutional structure. 91.220(k); 91.320(j)

The City of Springfield Community Development Department; Development Programs Division is the lead agency responsible for the development and implementation of the Consolidated Plan Action Plan, the department also works closely with other Department Divisions, local human service and housing providers and local institutions in order to most effectively and comprehensively meet the needs within the community with the limited federal, city, non-profit, and for-profit resources available.

The City utilizes two boards to review most federal grants received by the City. The Community Grant Advisory Board (CGAB) reviews CDBG, ESG & HOME related projects, budgets, and expenditures. The Springfield Clark County Housing Collaborative assists with the ESG and the Homeless Assistance grants the city recieves.

In addition to these boards, the City also works with a number of other agencies and entities in carrying out the work identified in the Consolidated Plan. The City's designated Community Housing Development Organization (CHDO) is Neighborhood Housing Partnership of Greater Springfield. The CIty also enjoys a working relationship with OIC of Clark County and the local Mental Health agency providing housing for their clients. Likewise, a number of agencies are involved in a Continuum of Care process that includes domestic violence, emergency shelter, transitional housing, permanent housing, affordable homeownership and housing, and elderly services.

The City commitment to Springfield Metropolitan Housing continues to be strong as the Commission also appoints two members to the board of the Springfield Metropolitan Housing Authority and the Executive Director sits on the CGAB for the city. This helps the City to be kept abreast of actions of the board and the SMHA and that they work together to benefit the LMI residents of the City.

Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)

Homelessness in Springfield and Clark County is managed under a regional Continuum of Care concept whereby clients are followed from the streets to permanent housing with an emphasis on permanent


housing. This is achieved by fostering interagency cooperation, avoiding duplication of services, providing efficient service delivery, and more collaborative efforts. The City is an active member of the local Continuum of Care (CoC) which brings together homeless, public and assisted housing providers with other agencies such as health, mental health and other social service agencies that serve populations that are at risk of becoming homeless or who utilize assisted housing. The CoC provides guidance and direction for these agencies in working with the client population, federal regulations surrounding homeless grants and fair housing and best practices for social service provision. The local CoC is lead by an Advisory Board, on which the City's Development Programs Administrator and Rehab Coordinator sit.

Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a)


CR-40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements

The City uses two methods to monitor a sub-recipient program’s progress and compliance with the regulations. One method is requiring a monthly or quarterly reporting format that is part of the invoicing process. Reports contain detailed invoice documentation, individual results and narrative descriptions of the program’s activities. The narratives highlight both the positive and negative aspects of the program being reported. The second method is a site visit to one or more of the program’s activity sites, as appropriate. This includes observing activities and the examination of financial and participant income records, if applicable. Programs operated by the City, such as Code Enforcement and Housing Rehabilitation, are monitored by the responsible Department Director, Division Administrator and the Finance Department’s Grants Accountant. Reports of program’s activities are made to the appropriate management personnel and to the City Commissioners. HOME funded housing activities are monitored on a regular basis to ensure long-term compliance of affordability requirements, including income and rent restrictions where applicable, as well as on-site inspections to insure compliance with housing codes. ESG projects are also subject to regular monitoring requirements as well. The City annually sends out new fair market rents, low and high HOME rent limitations, utility allowances as well as new income limits to all projects holding agreements with the City.

The Minority Business Office (MBO) provides business start-up and counseling services to existing businesses in order to enhance coordination and overcome gaps in institutional structure. Re-entering citizens are also included as a viable source for business ownership. These services include but are not limited to the following: minority-owned and women-owned business certifications, state, local and federal certifications assistance, referrals, and contracting/sub-contracting opportunities, loan preparation assistance, counseling regarding the latest business trends, planning of seminars and workshops, web-page creation assistance, desktop publishing/business card design and preparation, social networking via the Historically Disadvantaged Business Facebook page as well as providing assistance for businesses on their individual social networking endeavors. The MBO conducts face-to-face interviews with Minority-owned Business Enterprise and Women-owned Business Enterprise to raise awareness of said businesses and offer advice/information regarding best practices of doing business in town. These interviews are often published on the MBO's LinkedIn and Facebook pages. The MBO refers clients to the local Small Business Development Center for business advice and for participation in the Starting A Business Workshop that is provided at no cost to attendees. Clients are advised to follow-up with the MBO after completion of the workshop for further advise and clarification. The MBO regularly reports its activities to the Human Relations Board that offers oversight and


assessment of the activities. The MBO interfaces regularly with the Office of Equal Opportunity, City of Columbus regarding registered minority businesses in the State of Ohio and their city’s Inclusion Program. Reports submitted to the U.S. Department of Housing and Urban Development via HUD-2516 Contract and Subcontract Activity for the period April 1, 2019 through March 31, 2020 indicate the total percentage of contract funds being awarded to minority and women-owned businesses was an average of 17% or $58,595.90.

Citizen Participation Plan 91.105(d); 91.115(d)

Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.

An advertisement of the public meeting to discuss the 2019 CAPER was placed in the Springfield News-Sun on July 16, 2020. The virtual public meeting was to be held at 3 PM on July 23, 2020 with a Google Hangout meeting. Copies of this report were available to the public on the second floor of City Hall in the Community Development Department. The CAPER was also posted to the city's website. Public Comments were accepted for 30 days, or until August 24, 2020. On Tuesday, August 25, 2020 the legislation to submit the CAPER was presented to the City Commission at a regular public meeting as a First Reading. The Second Reading and Commission Vote was held on September 8, 2020. The Commission vote and CAPER approval was complete on September 22, 2020 and the final CAPER documents were prepared and submitted to HUD.


CR-45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.

The city is reporting on its fifth and final plan year of the 2015-2019 Con Plan. While the 2015-2019 Con Plan did not bring much change in the goals held by the city for the HUD Entitlement Grants, many of the objectives, priorities and outcomes were altered. Despite many years of working on affordable, decent safe and sanitary housing located in stable neighborhoods, the City still lists this as a high priority. The city continues to experience a declining population and aging housing stock. The need for housing rehab and code enforcement has been ever present. The City also looks to programs, often public service projects, to help assist the residents and neighborhoods to produce change in their community.

The city hired a consultant firm to work with staff on the preparation of a new 2020-2024 Consolidated Plan and 2020 Action Plan. This fresh perspective prompted some immediate changes in how funds are allocated. It also prompted a new contract that would work towards developing new Policies and Procedures for the HUD Entitlement grant administered by the City of Springfield. As a result, the City has narrowed its definition of CDBG funded Code Enforcement as an immediate change. As this change settles in, the city will also be revamping the housing rehab and assistance programs, adding a very specific target neighborhood to invest in; The Engaged Neighborhood. Additionally, more public service actitivies, operated by community partners, will be established with funds freed up from this change.

As the 2019 grant year ended, COVID-19 was also adjusting some of our priorities. It has been very important for the City to maintain changes set for in the Con Plan, because the new funding priorities have allowed the city to react with CDBG funding in areas that would have been impossible in previous years.

Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?

No

[BEDI grantees] Describe accomplishments and program outcomes during the last year.


CR-50 - HOME 91.520(d) Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations

Please list those projects that should have been inspected on-site this program year based upon the schedule in §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation.

In the 2019-2020 grant year the City conducted file reviews and desk monitoring of most HOME funded projects. Housing staff reviewed case files to ensure that HOME Program requirements are being satisfied. Audits, Affirmative Marketing Plans and reports of completed maintenance were received from all projects. On a yearly basis the city will have each project certify that the units within the project are suitable for occupancy and will also have each project send in financial information so that staff can ascertain the financial viability of the projects.

In compliance with CFR 92.504(d)(ii)(A) city staff monitored City Forest of Springfield, Project Woman (TBRA), Northpointe, Springfield Homes, Fellows Terrace, Hayden House, Mulberry Terrace, Housing Connections and Mulberry Gardens.

The Tubman Towers, Project Woman's rehab project, A HOME/NSP Mental Health Project, and a new construction project on Jackson all completed in 2017 and in compliance with CFR 92.504(d)(ii)(A) the next time city staff will inspect these units will be in 2020 unless a risk assessment finds the need to inspect sooner. The City will also monitor City View, Gareway Gardens, Tubman Towers and OIC in 2020. On a yearly basis the city will have each project certify that the units within the project are suitable for occupancy and will also have each project send in financial information so that staff can ascertain the financial viability of the projects.

Most issues that housing staff encounter during any required inspections on tax credit projects are very minor in nature. This is attributed to the fact that other regulatory agencies are involved, ie: OHFA, which also monitors the project. This expectation requires in most cases a qualified professional to manage the units in accordance with the lenders requirements. Housing staff will follow recommended checklists from the HOME program to review all required elements of operation

Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 92.351(b)

The City of Springfield maintains an affirmative marketing plan for its housing programs. The City of Springfield works on overcoming any impediments to fair housing, through the HUD required process of


Analyzing Impediments to fair housing, and planning to overcome these impediments.

The City provides fair housing education in the community through the use of printed materials, media, community meetings and special events. The City also provides a means for fair housing complaints, for anyone who believes they have suffered housing discrimination and informs the public, owners, and potential tenants about Federal fair housing laws and the participating jurisdiction's affirmative marketing policy.

The City of Springfield seeks to affirmatively market their housing programs by advertising them to all segments of the community and offers them to all persons without discrimination based on protected classes of race, color, familial status, handicap status, religion, sex, national origin, military status or ancestry.

All housing partners providing subsidized housing in the City of Springfield are required to prepare an Affirmative Marketing Plan and have it approved by the City of Springfield Fair Housing Coordinator. Partners also give a report quarterly during the first year of operation and an annual report thereafter of actual steps they are taking to assure affirmative marketing practice.

Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics

In 2017 the city began banking its HOME program income. The CAPER contains information on how the City used those program income funds in the grant year elsewhere in this report.

Describe other actions taken to foster and maintain affordable housing. 91.220(k) (STATES ONLY: Including the coordination of LIHTC with the development of affordable housing). 91.320(j)

The HOME Investment Partnership program and CDBG rehab activities provide eligible homeowners with affordable loan products to stabilize emergency repair and other code concerns. The programs enhance the livability of homes and provide owners with affordable methods to make necessary repairs.

Code Enforcement also works to foster affordable housing. By maintaining a minimum set of standards that is expected of all structures in the City, residential and commercial, owner occupied or rental, all


structures benefit. Code Enforcement officers not only work to enforce the City's Property Maintenance Codes, but refer eligible property owners to CDBG and HOME programs that might assist in the maintenance of distressed property.

CR-60 - ESG 91.520(g) (ESG Recipients only)

ESG Supplement to the CAPER in e-snaps

For Paperwork Reduction Act

1. Recipient Information—All Recipients Complete Basic Grant Information

Recipient Name SPRINGFIELD Organizational DUNS Number 079426334 EIN/TIN Number 316000056 Indentify the Field Office COLUMBUS Identify CoC(s) in which the recipient or subrecipient(s) will provide ESG assistance

Ohio Balance of State CoC

ESG Contact Name

Prefix Mrs First Name Jackie Middle Name 0 Last Name Sudhoff Suffix 0 Title Development Programs Administrator

ESG Contact Address

Street Address 1 76 E High Street Street Address 2 0 City Springfield State OH ZIP Code 45502- Phone Number 9373283480 Extension 0 Fax Number 0


Email Address [email protected] ESG Secondary Contact

Prefix Ms First Name Chelsea Last Name Jones Suffix 0 Title Housing Rehabilitation Coordinator Phone Number 9373247372 Extension 0 Email Address [email protected]

2. Reporting Period—All Recipients Complete

Program Year Start Date 04/01/2019 Program Year End Date 03/31/2020

3a. Subrecipient Form – Complete one form for each subrecipient

Subrecipient or Contractor Name: PROJECT WOMAN City: Springfield State: OH Zip Code: 45505, 1195 DUNS Number: 964854702 Is subrecipient a victim services provider: Y Subrecipient Organization Type: Other Non-Profit Organization ESG Subgrant or Contract Award Amount: 0 Subrecipient or Contractor Name: INTERFAITH HOSPITALITY NETWORK City: Springfield State: OH Zip Code: , DUNS Number: 837597566 Is subrecipient a victim services provider: N Subrecipient Organization Type: Faith-Based Organization ESG Subgrant or Contract Award Amount: 0


CR-65 - Persons Assisted 4. Persons Served

4a. Complete for Homelessness Prevention Activities

Number of Persons in Households

Total

Adults Children Don’t Know/Refused/Other Missing Information Total

Table 16 – Household Information for Homeless Prevention Activities

4b. Complete for Rapid Re-Housing Activities


Total


Table 17 – Household Information for Rapid Re-Housing Activities

4c. Complete for Shelter


Total


Table 18 – Shelter Information



4d. Street Outreach


Total


Table 19 – Household Information for Street Outreach

4e. Totals for all Persons Served with ESG


Total


Table 20 – Household Information for Persons Served with ESG

5. Gender—Complete for All Activities

Total Male Female Transgender Don't Know/Refused/Other Missing Information Total

Table 21 – Gender Information


6. Age—Complete for All Activities

Total Under 18 18-24 25 and over Don’t Know/Refused/Other Missing Information Total

Table 22 – Age Information

7. Special Populations Served—Complete for All Activities

Number of Persons in Households Subpopulation Total Total

Persons Served –

Prevention

Total Persons Served –

RRH

Total Persons

Served in Emergency

Shelters Veterans Victims of Domestic Violence

Elderly HIV/AIDS Chronically Homeless

Persons with Disabilities: Severely Mentally Ill

Chronic Substance Abuse

Other Disability

Total (unduplicated if possible)

Table 23 – Special Population Served


CR-70 – ESG 91.520(g) - Assistance Provided and Outcomes 10. Shelter Utilization

Number of New Units - Rehabbed 0 Number of New Units - Conversion 0 Total Number of bed-nights available 0 Total Number of bed-nights provided 0 Capacity Utilization 0.00%

Table 24 – Shelter Capacity

11. Project Outcomes Data measured under the performance standards developed in consultation with the CoC(s)

Performance measures for Interfaith Hospitality Network- Rapid Re-Housing and Operations are uploaded into the new SAGE system. Project Woman has asked for a one time exection for input into the SAGE system. They are a domestic violance organization that has a comparable database, but the data would not load into the SAGE system. Additionally, IHN's Street Outreach component was not coded correctly in the HMIS system and that information could not be uplaoded into SAGE as well. Both programs will be working on a fix for the 2018 grant year to be able to report in the new system.

The City of Springfield is an ESG Entitlement City that also works within a community that and a Regional CoC that belongs to the Ohio Balance of State for HUD funded homeless programs. Clark County receives and allocation of ESG funds which IHN utilizes for a Rapid Re-Housing program. IHN also administers the City's Rapid Re-Housing ESG funds. In order to streamline requirements, the City adopts the Ohio Balance of State Performance Measures and thus benefits from this methodical collection of performance numbers.

Emergency Shelter activities are held to the following performance measures:

30% exits to permanent housing

• Hartley House = 78.4% (Overflow cold shelter - 38.5%) • Norm's Place = 63.9% (Overflow cold shelter - 42.9%)

15% with earned income at exit

• Hartley House - 20.5% (Overflow cold shelter - 7.7%) • Norm's Place - 25.9% (Overflow cold shelter - 33.3%)


50% with non-cash benefits at exit

• Hartley House - 55.7% (Overflow cold shelter - 42.3%) • Norm's Place - 67.6% (Overflow cold shelter - 52.4%)

less than 40 days for the average stay.

• Hartley House - 32.82 (Overflow cold shelter - 4.48) • Norm's Place - 25.54 (Overflow cold shelter - 9.93

Rapid Re-Housing activities are held to the following performance measures:

• 50% with earned income at exit: 100% had earned income • 75% with maintained or increased total income at exit or report: 100% • 85% receiving at least 1 source of non-cash benefit: 100% • Average length of stay less than 120 days: 101 average length of stay


CR-75 – Expenditures 11. Expenditures

11a. ESG Expenditures for Homelessness Prevention

Dollar Amount of Expenditures in Program Year 2017 2018 2019 Expenditures for Rental Assistance 0 0 0 Expenditures for Housing Relocation and Stabilization Services - Financial Assistance 0 0 0 Expenditures for Housing Relocation & Stabilization Services - Services 0 0 0 Expenditures for Homeless Prevention under Emergency Shelter Grants Program 0 0 0 Subtotal Homelessness Prevention 0 0 0

Table 25 – ESG Expenditures for Homelessness Prevention

11b. ESG Expenditures for Rapid Re-Housing

Dollar Amount of Expenditures in Program Year 2017 2018 2019 Expenditures for Rental Assistance 0 0 43,189 Expenditures for Housing Relocation and Stabilization Services - Financial Assistance 0 0 0 Expenditures for Housing Relocation & Stabilization Services - Services 0 0 0 Expenditures for Homeless Assistance under Emergency Shelter Grants Program 0 0 0 Subtotal Rapid Re-Housing 0 0 43,189

Table 26 – ESG Expenditures for Rapid Re-Housing

11c. ESG Expenditures for Emergency Shelter

Dollar Amount of Expenditures in Program Year 2017 2018 2019 Essential Services 0 0 0 Operations 0 0 78,063 Renovation 0 0 0


Major Rehab 0 0 0 Conversion 0 0 0 Subtotal 0 0 78,063

Table 27 – ESG Expenditures for Emergency Shelter

11d. Other Grant Expenditures

Dollar Amount of Expenditures in Program Year 2017 2018 2019 Street Outreach 0 0 0 HMIS 0 0 15,477 Administration 0 0 9,000

Table 28 - Other Grant Expenditures

11e. Total ESG Grant Funds

Total ESG Funds Expended

2017 2018 2019

145,729 0 0 145,729 Table 29 - Total ESG Funds Expended

11f. Match Source

2017 2018 2019 Other Non-ESG HUD Funds 0 0 0 Other Federal Funds 0 0 0 State Government 0 0 0 Local Government 0 0 0


Private Funds 0 0 0 Other 0 0 0 Fees 0 0 0 Program Income 0 0 0 Total Match Amount 0 0 0

Table 30 - Other Funds Expended on Eligible ESG Activities

11g. Total

Total Amount of Funds Expended on ESG

Activities

2017 2018 2019

145,729 0 0 145,729 Table 31 - Total Amount of Funds Expended on ESG Activities




Subject: Release of Mortgage and Loan Forgiveness at Northpointe Senior Living Apartments


Department: Community Development Contact: Shannon Meadows


Summary: Respectfully request City Commission authorize the loan forgiveness and release of mortgage associated

with a HOME funded low income senior housing loan agreement.

The City of Springfield entered into a HOME Loan Agreement to assist with the construction of 36 low income senior living units in October 1998. The units were completed in 2000. The HOME Loan agreement

required a 20-year compliance period from the US Department of Housing and Urban Development. This

compliance period ended in January 2020. Staff has determined that the compliance period has been satisfied and that the loan should be forgiven with the associated mortgage released.


Department/Division_____Fund Description_________Account Number___________Actual Cost___ Community Development HOME

Total Cost:



Motion Contract

AN ORDINANCE NO.___________________ Authorizing the release of Church of God Retirement Housing Limited Partnership from continuing obligations under its mortgage and promissory note given to secure performance of Church of God Retirement Housing Limited Partnership under its HOME Funded Loan Agreement, pertaining to the property located at 3693 Middle Urbana Road and commonly known as Northpointe Senior Living Apartments.

...oooOOOooo...

WHEREAS, the City of Springfield entered into a HOME Funded Loan Agreement with Church of God Retirement Housing Limited Partnership to assist with the construction of 36 low income senior living units in October 1998, with the units completed in 2000; and WHEREAS, the HOME Funded Loan Agreement required a 20 year compliance period from the US Department of Housing and Urban Development, which completed and ended in January 2020; and

WHEREAS, City Staff has determined that the compliance period has been satisfied and that the loan should be forgiven and the associated mortgage released; NOW, THEREFORE: BE IT ORDAINED by the City Commission of The City of Springfield, Ohio: Section 1. That the City Commission hereby adopts the findings set forth in the recitals hereto which are made a part hereof. Section 2. That the release of the City mortgage and promissory note on the property located at 3693 Middle Urbana Road are hereby authorized. Section 3. That this Ordinance shall take effect and be in force from and after fourteen (14) days from the date of its passage. PASSED this ________ day of _________________________, A.D., 2020. __________________________________ PRESIDENT OF THE CITY COMMISSION __________________________________ CLERK OF THE CITY COMMISSION




Subject: Release of Mortgage and Loan Forgiveness at Mulberry Gardens (Ice House) Apartments


Department: Community Development Contact: Shannon Meadows


Summary: Respectfully request City Commission authorize the loan forgiveness and release of mortgage associated

with a HOME funded low income senior housing loan agreement.

The City of Springfield entered into a HOME Loan Agreement to assist with the redevelopment of the former Ice House property to develop low income living units in 2003. The units were completed in 2004. The

HOME Loan agreement required a 15 year compliance period from the US Department of Housing and

Urban Development. This compliance period ended in 2018. Staff has determined that the compliance period has been satisfied and that the loan should be forgiven with the associated mortgage released.


Department/Division_____Fund Description_________Account Number___________Actual Cost___ Community Development HOME

Total Cost:



Motion Contract

AN ORDINANCE NO.___________________ Authorizing the release of Springfield Housing Partners II LTD from continuing obligations under its mortgage and promissory note given to secure performance of Springfield Housing Partners II LTD under its HOME Funded Loan Agreement, pertaining to the property located at 108 East Mulberry Street and commonly known as Mulberry Gardens (Ice House) Apartments.

...oooOOOooo...

WHEREAS, the City of Springfield entered into a HOME Funded Loan Agreement with Springfield Housing Partners II LTD to assist with the construction of low income living units in 2003, with the units completed in 2004; and WHEREAS, the HOME Funded Loan Agreement required a 15 year compliance period from the US Department of Housing and Urban Development, which completed and ended in 2018; and

WHEREAS, City Staff has determined that the compliance period has been satisfied and that the loan should be forgiven and the associated mortgage released; NOW, THEREFORE: BE IT ORDAINED by the City Commission of The City of Springfield, Ohio: Section 1. That the City Commission hereby adopts the findings set forth in the recitals hereto which are made a part hereof. Section 2. That the release of the City mortgage and promissory note on the property located at 108 East Mulberry Street are hereby authorized. Section 3. That this Ordinance shall take effect and be in force from and after fourteen (14) days from the date of its passage. PASSED this ________ day of _________________________, A.D., 2020. __________________________________ PRESIDENT OF THE CITY COMMISSION __________________________________ CLERK OF THE CITY COMMISSION



Agenda Date: August 25, 2020 Today's Date: August 17, 2020

Subject: Approval and Settlement Damage Claim by William S. & Kathy L. Rickord, Sewer Backup on

May 18, 2020

Submitted By: Jill N. Allen

Department: Law Department Contact: Chris Moore


Summary: It is respectfully requested that City Commission authorize approval and settlement of a claim by William S. & Kathy L. Rickord for damage that occurred on their property at 2426 Carousel Dr. on or about May

18, 2020; and therein direct the Director of Finance to make payment to William S. & Kathy L. Rickord in the amount of $1,393.00 as full settlement for said damages.


Department/Division_____Fund Description_________Account Number___________Actual Cost___ 340877-4207 $1,393.00

Total Cost: $1,393.00



Motion Contract

AN ORDINANCE NO.________________ Authorizing the Law Director to approve and settle a claim with William S. & Kathy L. Rickord for the expense incurred as a result of damage that occurred on their property located at 2426 Carousel Dr. on or about May 18, 2020; and authorizing the Director of Finance to make payment to William S. & Kathy L. Rickord in the amount of One Thousand Three Hundred Ninety-Three Dollars ($1,393.00) as full settlement as and for said damages.

...oooOOOooo...

WHEREAS, a claim has arisen as a result of damage that occurred on property owned by William S. & Kathy L. Rickord located at 2426 Carousel Dr. on or about May 18, 2020; and WHEREAS, in accordance with Codified Ordinance 147.13, the Law Director reviewed the claim and determined the City’s responsibility; NOW, THEREFORE: BE IT ORDAINED by the City Commission of The City of Springfield, Ohio: Section 1. That the Director of Law is thereby authorized to approve and settle a claim with William S. & Kathy L. Rickord for the expense incurred as a result of damage that occurred on their property located at 2426 Carousel Dr. on or about May 18, 2020. Section 2. That the Director of Finance is thereby authorized to make payment to William S. & Kathy L. Rickord in the amount of $1,393.00 as full settlement as and for said damages. Section 3. That this Ordinance shall take effect and be in force from and after fourteen (14) days from the date of its passage. PASSED this __________ day of ________________________, A.D., 2020.





Subject: Acceptance of Public Utilities and Improvements in Derby Glen Village

Submitted By: Leo Shanayda, City Engineer

Department: Service Contact: Chris Moore, Service Director


Summary:

All public improvements have been completed in the above referenced subdivision. City Commission must

agree to accept these public improvements prior to the improvements being eligible for City ownership and maintenance.



Total Cost: $



Motion Contract

AN ORDINANCE NO. _____________________ Accepting dedication of public improvements for the Derby Glen Village Subdivision.

...oooOOOooo... WHEREAS, public improvements for the Derby Glen Village Subdivision need to be accepted by the City prior to the improvements being eligible for ownership and maintenance by the City; NOW, THEREFORE: BE IT ORDAINED by the City Commission of The City of Springfield, Ohio: Section 1. That the City Commission hereby accepts dedication of public improvements for the Derby Glen Village Subdivision. Section 2. That this Ordinance shall take effect and be in force from and after fourteen (14) days from the date of its passage. PASSED this ___________ day of ________________________, A.D., 2020.





Subject: Repealing and Replacing Chapter 170 of the Administrative Code of the City of Springfield

Codified Ordinances

Submitted By: Bryan Heck, City Manager

Department: City Manager’s Office Contact: B Heck, x7300


Summary: Respectfully request Commission approve repealing and replacing Chapter 170 of the Administrative Code of the City of Springfield Codified Ordinances. This replaces Chapter 170 – Police Community Relations

Advisory Group with proposed Community Police Advisory Team. The CPAT will serve several key functions in engaging the Police Division with the Community. They will assist in reviewing and

recommending policy changes of the Police Division, while also serving as an alternative conduit for

citizen complaints against the Police Division.



Total Cost:



Motion Contract

An Ordinance No. ____________

Amending Ordinance No. 91-90, passed March 12, 1991, and commonly known as the Codified Ordinances of The City of Springfield, Ohio, by repealing and replacing existing Chapter 170 titled Police Community Relations Advisory Group with new Chapter 170 titled Community Police Advisory Team.

BE IT ORDAINED by the City Commission of The City of Springfield, Ohio: Section 1. That Chapter 170 titled Police Community Relations Advisory Group of Ordinance No. 91-90, passed March 12, 1991, and commonly known as the Codified Ordinances of The City of Springfield, Ohio, is hereby repealed. Section 2. That Ordinance No. 91-90, passed March 12, 1991, and commonly known as the Codified Ordinances of The City of Springfield, Ohio, is hereby amended with the replacement Chapter 170 titled Community Police Advisory Team as attached as Exhibit A to this ordinance. Section 3. That this Ordinance shall take effect and be in force from and after fourteen (14) days from the date of its passage. PASSED this __________ day of _________________________, A.D., 2020. _______________________________________ PRESIDENT OF THE CITY COMMISSION _______________________________________ CLERK OF THE CITY COMMISSION Published: Springfield News-Sun _____________________________, 2020

I do hereby certify that the foregoing Ordinance No. ____________ was duly published in

the Springfield News-Sun on ____________________________________, 2020.

_______________________________________ CLERK OF THE CITY COMMISSION

2

EXHIBIT A

CHAPTER 170 Community Police Advisory Team 170.01 Creation; members; term; 170.03 Powers and duties. vacancy. 170.02 Officers; meetings; records; quorum; reports.

170.01 CREATION; MEMBERS; TERM; VACANCY. (a) The Community Police Advisory Team shall consist of nine members. Each of the members shall serve for a period of three years and shall be appointed by the Mayor with consent and approval of the City Commission. No member shall serve more than three consecutive terms. After a member has served during three consecutive terms, he shall be ineligible for reappointment to the Community Police Advisory Team until one year has expired since his last date of service on the Advisory Team. Original appointments shall be staggered, such that three originally appointed members shall have a term of three years; three originally appointed members shall have a term of two years; and three originally appointed member shall have a term of one year. (b) Any vacancy on the Community Police Advisory Team shall be filled as in the case of the original appointment, as set forth herein, for the unexpired term of the member whose vacancy is so filled. (c) All members of the Community Police Advisory Team shall serve without compensation and shall be subject to removal from office by a majority of the City Commission. (d) Persons eligible for service on the Community Police Advisory Team shall meet the following qualifications:

(1) Persons serving on another City board or commission shall not be eligible to serve on the Community Police Advisory Team, except for said member currently serving on the Human Relations Board.

(2) All nine Advisory Team members shall be electors of the City. Members shall be community leaders selected to represent neighborhood groups, the business community, the religious community, higher education community, Human Relations Board, and other sectors of the community.

(3) Except as otherwise provided in this section, elected public officials shall not be eligible to serve on the Community Police Advisory Team. A member of a City employee’s family, as defined in Section 111.04, shall not be eligible for service.

(4) No person shall be appointed to, or continue to serve as, a member if such person has a criminal felony conviction of any type, or a criminal conviction for an offense against a police officer, such as resisting arrest, assaulting a police officer, or obstructing official business, within the last five (5) years

3

prior to that person’s appointment, or at any time during that person’s service as a member.

(5) Except as otherwise provided in this section, if any member of the Community Police Advisory Team fails to meet any of the qualifications stated in subsection (d)(1) through (4) hereof, his office shall immediately become vacant.

(6) Members must participate in the Springfield Police Division’s Citizen’s Police Academy within the first two years of their first term.

(7) The City Commission, by ordinance and upon finding that the particular expertise of a potential appointee or member is needed on the Community Police Advisory Team, may waive any or all of the requirements of subsections (d) (1) (2) and (4) hereof for such appointee or member.

(e) If any member of the Community Police Advisory Team, appointed by the City Commission, is absent from three of any six consecutive regularly scheduled Advisory Team meetings, or if such member is unwilling or unable to attend a regularly scheduled prearranged discussion of the public business of the Advisory Team which fails to qualify as a “meeting” for lack of quorum, his office shall immediately become vacant. Such members shall have the opportunity to explain his absence to the City Commission and may be reappointed by a majority vote of the City Commission to complete the balance of his term. (f) No Advisory Team member shall disclose any information or document which may come to his or her attention during the course of the member’s service upon the Community Police Advisory Team if the Chief of Police has identified such information or document as confidential and directed that the same not be disclosed. Members with a direct conflict of interest related to any matter discussed by the Community Police Advisory Team must abstain from any discussion involving such conflict of interest.

170.02 OFFICERS; MEETINGS; RECORDS; QUORUM; REPORTS. (a) The Community Police Advisory Team shall elect from its membership a chairperson and such other officers as it may deem necessary. No chairperson shall serve more than two years during a period of six consecutive years. The term “year” means twelve consecutive months. The Advisory Team shall adopt rules and regulations consistent with law and ordinances. Meetings of the Advisory Team shall be held at minimum every other month, and at such additional times as the Advisory Team may determine; provided, however, the chairperson may cancel a meeting if no member has proposed business to be conducted at the meeting. The Community Police Advisory Team must convene at least 4 times per year. The time of regular meetings shall be specified in the rules and regulations of the Advisory Team. Special meetings shall be called by the chairperson. There shall be a fixed location for meetings. (b) The Community Police Advisory Team shall keep minutes of its proceedings, showing the action of the Advisory Team and the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of all of its official action, all of which shall be filed promptly in the office of the Police Chief. The presence of five members shall constitute a quorum. The Advisory Team shall act by resolution and a copy of each resolution duly adopted shall be filed in the office of the Clerk of the City Commission. The Police Chief or his duly authorized representative shall serve as Secretary to the Advisory Team. (c) The Community Police Advisory Team shall make such annual and other reports as may be required by the City Commission.

(d) The Community Police Advisory Team shall submit bi-annual updates of the

4

Team’s business to the Springfield Community.

170.03 POWERS AND DUTIES Without limitation on the general powers or authority necessary or incidental to the purposes for which the Community Police Advisory Team is appointed, the duties of the Advisory Team shall be to study matters affecting and concerning the relationship between the Police Division and members of the community and to make recommendations to and advise the Police Chief, City Manager and the City Commission from time-to-time through the City Manager on policy matters, including, but not limited to, specifically the following issues:

(1) Recruitment and retention of a racially and culturally diverse workforce at all levels of the Police Division.

(2) Review, provide input, and recommend policies and procedures of the Police Division;

(3) Review and provide input on equipment changes proposed by the Police Division;

(4) Assist in the development and participate in community engagement activities in the Community related to the Police Division;

(5) Review, recommend, and monitor policies training, and practices that impact cultural diversity, racial profiling, and other biases.

(6) Review use of force, traffic stop, SWAT call out and other applicable incident-based data;

(7) Serve as a conduit for citizen complaints and commendations and review final internal investigatory reports relative to police activities;

(8) Working with the Police Chief to identify specific community issues and concerns at the earliest possible stage.

The Advisory Team shall study such other matters as the Police Chief, City Manager or the City Commission may designate from time-to-time.




Subject: 2020-2021 Drug Use Prevention Grant Award Acceptance

Submitted By: Lee E. Graf, Chief of Police

Department: Police Contact: 937-324-7720


Summary: It is respectfully requested that the City Commission authorize the City Manager and the Chief of Police

authority to accept the 2020-2021 Drug Use Prevention Grant Program Award offered by the Ohio Attorney General’s Office, beginning September 1, 2020 and through August 31, 2021, in an amount not

to exceed $38,732.40. This program will provide partial funding of up to four officer’s salaries, two D.A.R.E. officers and two S.R.O. officers to teach Drug Use Prevention Education. This will certify that

the City will comply with all the provisions and guidelines of the program, as set forth by the Ohio

Attorney General’s office and to fulfill the City’s obligations under said program and to comply with all relevant local and state requirements.



Total Cost:



Motion Contract

AN ORDINANCE NO.__________________ Authorizing the acceptance of a 2020-2021 Drug Use Prevention Grant in an amount up to $38,732.40 from the Ohio Attorney General’s Office to be used for funding four officers to teach drug use prevention education in public schools; and authorizing the City Manager, Finance Director and Chief of Police to perform all acts and execute all documents they consider necessary to fulfill the City's obligations under said grant and to comply with all relevant local, state and federal legal requirements.

...oooOOOooo... WHEREAS, the Attorney General for the State of Ohio has funds available to provide funding of four officers (two D.A.R.E. Officers and two S.R.O. Officers) to teach drug use prevention education in public schools, and it is in the best interest of the City to accept said funding; NOW, THEREFORE: BE IT ORDAINED by the City Commission of The City of Springfield, Ohio: Section 1. That this Commission hereby authorizes the acceptance of a 2020-2021 Drug Use Prevention Grant in an amount up to $38,732.40 from the Ohio Attorney General’s Office to be used for funding four officers to teach drug use prevention education in public schools. A copy of said acceptance is attached hereto and is hereby approved. Section 2. That the City Manager, Finance Director and Chief of Police are hereby authorized to perform all acts and execute all documents they consider necessary to fulfill the City's obligations under said grant and to comply with all relevant local, state and federal legal requirements. Section 3. That this Ordinance shall take effect and be in force from and after fourteen (14) days from the date of its passage.

PASSED this ________ day of ___________________________, A.D., 2020.





Subject: Shelter + Care Grant Agreement and Subrecipient Funding Agreement

Submitted By: Shannon Meadows

Department: Community Development Contact: Jackie Sudhoff


Summary: Requesting Commission action authorizing the City Manager to enter into a Grant Agreement between

the City of Springfield and the Department of Housing and Urban Development (HUD) for the Continuum of Care (Shelter + Care 1 Grant # OH0204L5E071912) in the amount of $185,891 and to enter into a

Subrecipient Funding agreement with Springfield Metropolitan Housing Authority for $169,440.00 to carry out the program activities. This grant provides Tenant Based Rental Assistance and Administration funds

to house disabled homeless households and provides for social services provision as part of the match

required by the grant.


Department/Division_____Fund Description_________Account Number___________Actual Cost___ CD $185,891.00

Total Cost: $185,891.00



Motion Contract

AN ORDINANCE NO.___________________ Authorizing the City Manager to enter into a Shelter Plus Care 1 Grant Agreement (Grant #OH0204L5E071912) with the United States Department of Housing and Urban Development in an amount not to exceed $185,891.00; authorizing the City Manager and the Director of Finance to perform all acts and execute all documents they consider necessary to fulfill the City’s obligations under said grant agreement and to comply with all relevant local, state and federal legal requirements; and authorizing the City Manager to enter into a Subrecipient Funding Agreement (Shelter Plus Care 1 Tenant Based Assistance -- 2020-2021) between the City and Springfield Metropolitan Housing Authority to conduct a Shelter Plus Care 1 funded Tenant Based Rental Assistance and Administration Program in an amount not to exceed $169,440.00.

...oooOOOooo... WHEREAS, the City has applied for and received approval for a Shelter Plus Care 1 Grant (Grant #OH0204L5E071912) with the United States Department of Housing and Urban Development in an amount not to exceed $185,891.00; and WHEREAS, Springfield Metropolitan Housing Authority is willing to carry out a rental assistance housing program funded through a grant of City Shelter Plus Care 1 funds: NOW, THEREFORE: BE IT ORDAINED by the City Commission of The City of Springfield, Ohio: Section 1. That the City Manager is hereby authorized to enter into a Shelter Plus Care 1 Grant Agreement (Grant #OH0204L5E071912) with the United States Department of Housing and Urban Development in an amount not to exceed $185,891.00, a copy of which is attached hereto and is hereby approved. Section 2. That the City Manager and the Director of Finance are hereby authorized to perform all acts and execute all documents they consider necessary to fulfill the City’s obligations under said agreement and to comply with all relevant local, state and federal legal requirements. Section 3. That the City Manager is hereby authorized to enter into a Subrecipient Funding Agreement (Shelter Plus Care 1 Tenant Based Assistance -- 2020-2021) between the City and Springfield Metropolitan Housing Authority to conduct a Shelter Plus Care 1 funded Tenant Based Rental Assistance and Administration Program in an amount not to exceed $169,440.00, a copy of which is attached hereto and is hereby approved. Section 4. That this Ordinance shall take effect and be in force from and after fourteen (14) days from the date of its passage.

PASSED this ________ day of _________________________, A.D., 2020.


www.hud.gov espanol.hud.gov Page 1

U.S. Department of Housing and Urban DevelopmentOffice of Community Planning and Development

200 North High Street7th Floor

Columbus, OH 43215

Grant Number: OH0204L5E071912Tax ID Number: 31-6000056DUNS Number: 079426334

CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT

This Grant Agreement (“this Agreement”) is made by and between the United StatesDepartment of Housing and Urban Development (“HUD”) and City of Springfield (the “Recipient”).

This Agreement is governed by title IV of the McKinney-Vento Homeless Assistance Act 42U.S.C. 11301 et seq. (the “Act”); the Continuum of Care Program rule (the “Rule”), as amended fromtime to time; and the Notice of Funds Availability for the fiscal year competition in which the fundswere awarded.

The terms “Grant” or “Grant Funds” mean the funds that are provided under this Agreement.The term “Application” means the application submissions on the basis of which the Grant wasapproved by HUD, including the certifications, assurances, technical submission documents, and anyinformation or documentation required to meet any grant award condition. All other terms shall havethe meanings given in the Rule.

The Application is incorporated herein as part of this Agreement, except that only the project(those projects) listed below are funded by this Agreement. In the event of any conflict between anyapplication provision and any provision contained in this Agreement, this Agreement shall control.

HUD’s total funding obligation for this grant is $185,891, allocated between the projectslisted below and, within those projects, between budget line items, as shown below.


Project No. Grant Term Performance Period

10-01-2020 - 09-30-2021

Total Amount

$185,891OH0204L5E071912

Continuum of Care planning activities

Acquisition

New construction

Rental assistance

$0

$0

$0

$169,440

Supportive services

Operating costs

Homeless Management Information System

Administrative costs

Relocation Costs

$0

$0

$0

$16,451

$0

a.

b.

d.

f.

j.

h.

i.

k.

g.

e. Leasing $0

HPC homelessness prevention activities:l.

Housing relocation and stabilization services $0

c. Rehabilitation $0

$ 0Short-term and medium-term rental assistance


If any new projects funded under this Agreement are for project-based rental assistance for aterm of fifteen (15) years, the funding provided under this Agreement is for the performance periodstated herein only. Additional funding is subject to the availability of annual appropriations.

The performance period of renewal projects funded by this Agreement will beginimmediately at the end of the performance period under the grant agreement being renewed. Eligiblecosts incurred between the end of Recipient's final operating year under the grant agreement beingrenewed and the date of this Agreement is executed by both parties may be reimbursed with fundsfrom the first operating year of this Agreement. No funds for renewal projects may be drawn downby Recipient before the end date of the project’s final operating year under the grant that has beenrenewed.

For any transition project funded under this Agreement the performance period of thetransition project(s) will begin immediately at the end of the Recipient's final operating year underthe grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred between theend of Recipient's final operating year under the grant being renewed and the execution of thisAgreement may be paid with funds from the first operating year of this Agreement.

HUD designations of Continuums of Care as High-performing Communities (HPCS) arepublished in the HUD Exchange in the appropriate Fiscal Years’ CoC Program Competition FundingAvailability page. Notwithstanding anything to the contrary in the Application or this Agreement,Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuumthat designated the Recipient to apply for the grant was designated an HPC for the applicable fiscalyear.

The Recipient must complete the attached “Indirect Cost Rate Schedule” and return it toHUD with this Agreement. The Recipient must provide HUD with a revised schedule when anychange is made to the rate(s) included in the schedule. The schedule and any revisions HUDreceives from the Recipient will be incorporated into and made part of this Agreement, provided thateach rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices).

This Agreement shall remain in effect until the earlier of 1) written agreement by theparties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of theperformance periods for all projects funded under this Agreement; or 4) upon the expiration of theperiod of availability of funds for all projects funded under this Agreement.

HUD notifications to the Recipient shall be to the address of the Recipient as stated in theApplication, unless the Recipient changes the address and key contacts in e-snaps. Recipientnotifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit,or advantage of the Recipient hereunder may be assigned without prior written approval of HUD.


The Agreement constitutes the entire agreement between the parties, and may be amendedonly in writing executed by HUD and the Recipient.

By signing below, Recipients that are states and units of local government certify that theyare following a current HUD approved CHAS (Consolidated Plan).

This agreement is hereby executed on behalf of the parties as follows:

By:

___________________________________________________(Signature)

___________________________________________________(Typed Name and Title)

___________________________________________________(Date)

___________________________________________________(Name of Organization)

By:

___________________________________________________(Signature of Authorized Official)

___________________________________________________(Typed Name and Title of Authorized Official)

___________________________________________________(Date)

UNITED STATES OF AMERICA,Secretary of Housing and Urban Development

City of Springfield

Renee Ryles, Acting CPD Director

July 6, 2020

RECIPIENT

SUBRECIPIENT FUNDING AGREEMENT (SHELTER PLUS CARE 1 TENANT BASED ASSISTANCE -- 2020-2021)

THIS AGREEMENT made and entered into effective this ___ day of _______________, 2020, by and among THE CITY OF SPRINGFIELD, OHIO (hereinafter referred to as "CITY"), an Ohio municipal corporation, whose mailing address is 76 East High Street, Springfield, Ohio 45502 and SPRINGFIELD METROPOLITAN HOUSING AUTHORITY, an Ohio not-for-profit corporation, whose mailing address is 101 West High Street, Springfield, Ohio 45505 (hereinafter referred to as "SUBRECIPIENT").

WITNESSETH: WHEREAS, SUBRECIPIENT is willing to operate a Shelter Plus Care 1 -- Tenant Based Assistance Program in Springfield (hereinafter the "Assistance Program"); and, WHEREAS, CITY has identified certain qualified referral agencies who wish to participate in facilitating the Assistance Program and are each willing to screen and refer eligible clients to SUBRECIPIENT to seek assistance under the Shelter Plus Care 1 -- Tenant Based Assistance Program; and, WHEREAS, the CITY will be benefited by obtaining such services which will facilitate preservation of the public health, safety and welfare. NOW, THEREFORE, the parties do hereby agree as follows: 1. Responsibility for Grant Administration. The CITY is responsible to the United States government for ensuring the administration of Shelter Plus Care 1 funds in accordance with all program requirements. SUBRECIPIENT understands that the use of subrecipients or contractors does not relieve the CITY of this responsibility. The CITY is also responsible for determining the adequacy of performance under subrecipient agreements and procurement contracts and for taking appropriate action when performance problems arise. 2. Program Requirements. SUBRECIPIENT is required to carry out the Assistance Program in compliance with all federal laws and regulations in 24 CFR Part.578, Department of Housing and Urban Development and the Memoranda of Understanding among CITY, SUBRECIPIENT and supportive services providers, which are incorporated herein and made a part hereof as if fully rewritten as well as complying with the requirements specified in ATTACHMENT I - Work Program. Notwithstanding the foregoing:

a. The SUBRECIPIENT does not assume the CITY'S environmental responsibilities.

b. The SUBRECIPIENT does not assume the CITY'S responsibility for initiating the review process under Executive Order 12372, as described in 24 CFR Section 92.359.

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3. Scope of Service.

a. The SUBRECIPIENT hereby agrees to utilize funds made available under the Shelter Plus Care 1 program for the purpose of implementing the above-mentioned Assistance Program as described in ATTACHMENT I - Work Program. Changes in ATTACHMENT I - Work Program may be requested from time-to- time by either the CITY or the SUBRECIPIENT and shall be incorporated in written amendments to this Agreement. The SUBRECIPIENT certifies that it will utilize the funding provided by the CITY to provide Shelter Plus Care 1 funded tenant based assistance to eligible persons living in Clark County.

b. The SUBRECIPIENT shall accept client referrals from referring agencies which CITY certifies as qualified to refer clients to SUBRECIPIENT to receive tenant based assistance under the Shelter Plus Care 1 -- Tenant Based Assistance Program.

4. Time of Performance. This Agreement shall take effect as of October 1, 2020 and continue through and including September 30, 2021. 5. Consideration. The CITY shall fund the SUBRECIPIENT for all expenditures made in accordance with the schedule set forth in ATTACHMENT II - Work Program Budget. In no event shall funding paid to SUBRECIPIENT under this Agreement exceed the maximum sum of One Hundred Sixty-Nine Thousand Four Hundred Forty Dollars ($169,440.00). SUBRECIPIENT hereby acknowledges that in no event are payments to be financed by funds other than the funds granted by the Federal Government for the Shelter Plus Care 1 program. 6. Method of Payment. The CITY shall reimburse the SUBRECIPIENT for proper expenditures up to a maximum sum of One Hundred Sixty-Nine Thousand Four Hundred Forty Dollars ($169,440.00). Subject to receipt of funds from the United States Treasury, the CITY agrees to reimburse the SUBRECIPIENT for authorized expenditures for which vouchers and other similar documentation to support payment expenses are maintained under those generally accepted accounting principles and procedures approved by the CITY and outlined in 24 CFR Part 85 and 24 CFR Part 200. Such documentation shall be submitted to the CITY by the 15th day of each month for the preceding month. Payment shall be made within thirty (30) days of receipt by the CITY of all documentation required by the CITY of SUBRECIPIENT verifying the amount and nature of SUBRECIPIENT'S expenditures; provided, that funds for the Assistance Project have been deposited with the CITY. 7. Program Income. All income received from Shelter Plus Care 1 funded activities shall be considered program income and subject to 24 CFR Part 578 and current Shelter Plus Care 1 regulations. Unless this Agreement, at ATTACHMENT II - Work Program Budget, specifies whether program income received is to be returned to the CITY or retained by the SUBRECIPIENT, all such income shall be promptly returned to the CITY upon its request.

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8. Reversion of Assets. Upon expiration of this Agreement, the SUBRECIPIENT shall transfer to the CITY any Shelter Plus Care 1 funds on hand at the time of expiration, any accounts receivable attributable to the use of Shelter Plus Care 1 funds, and any personal property acquired by SUBRECIPIENT with Shelter Plus Care 1 funds provided to SUBRECIPIENT by CITY. SUBRECIPIENT shall also ensure that any real property under the SUBRECIPIENT'S control that was acquired or improved in whole or in part with Shelter Plus Care 1 funds is conveyed, free and clear of any and all encumbrances, to the CITY or to such grantee as the CITY may designate. 9. Subcontracting. None of the services covered by this Agreement shall be subcontracted without prior written approval by the CITY and prior written approval of the subcontracting document by the CITY. SUBRECIPIENT shall not employ, engage the services of, or award a contract to any subcontractor who has been debarred, suspended or placed in ineligibility status by HUD and SUBRECIPIENT will place in each contract SUBRECIPIENT, enters into with a subcontractor a provision prohibiting such subcontractor from entering into a contract (related to this Agreement) with a person or other entity who is debarred, suspended or placed in ineligibility status by HUD. SUBRECIPIENT shall not provide benefits funded pursuant to this Agreement to a tenant who is debarred, suspended or placed in ineligibility status by HUD without first obtaining written consent of the CITY. SUBRECIPIENT warrants that it shall comply with the CITY'S minority business enterprise requirements. 10. Compliance with Regulations and other Federal Requirements. SUBRECIPIENT will comply with the Regulations of the United States Department of Housing and Urban Development including those listed in ATTACHMENT III – Subpart K. SUBRECIPIENT shall strictly comply with the requirements of the Fair Housing Act, 42 USC Sections 3601-3619 and the implementing regulations at 24 CFR Parts 100, 106 and 109; 24 CFR Part 200; Executive Order 11063 [Equal Opportunity in Housing], and the implementing regulations at 24 CFR Part 107; Titled VI of the Civil Rights Act of 1964, 42 USC 2000d, and the implementing regulations at 24 CFR Part 1; and the Civil Rights Act of 1991. SUBRECIPIENT shall not engage in prohibited discrimination on the basis of age in violation of the Age Discrimination Act of 1975, 42 USC Sections 6101-6107 and the implementing regulations at 24 CFR Part 146. SUBRECIPIENT shall not engage in prohibited discrimination on the basis of handicap in violation of Section 504 of the Rehabilitation Act of 1973, 29 USC Section 794 and the implementing regulations at 24 CFR Part 8 or the Americans with Disabilities Act of 1990. SUBRECIPIENT shall strictly comply with the requirements of Executive Order 11246 [Equal Employment Opportunity] and the implementing regulations issued under the order at 41 CFR Chapter 60. SUBRECIPIENT shall strictly comply with Section 3 of the Housing and Urban Development Act of 1968, 12 USC Section 1701u [Employment Opportunities for Businesses and Lower Income Persons in Connection with Assisted Projects] and the implementing regulations at 24 CFR Part 135. SUBRECIPIENT shall strictly comply with the requirements of the National Historic Preservation Act, 16 USC Section 470-470t and the implementing regulations at 36 CFR Part 800 [The Protection Of Historic And Cultural Properties]. SUBRECIPIENT shall provide to each tenant beneficiary with a copy of the notice prepared by HUD entitled "Watch Out For Lead-based Paint Poisoning." SUBRECIPIENT shall obtain a

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receipt from each such tenant verifying the date the tenant received the notice and will provide a true copy of the receipt to the CITY. 11. Maintenance and Availability of Records. In connection with the Agreement, the SUBRECIPIENT shall maintain all accounting and client records and documents, papers, maps, photographs, other documentary materials, and any evidence pertaining to costs incurred. Such records shall be retained for a period of at least four years after close out of the funds; after the conclusion of any litigation, claim, negotiation, audit, or other action related to such funds. Such records shall be furnished and available for inspection by the United States Department of Housing and Urban Development or any authorized representative of the CITY. Such records shall be available at the SUBRECIPIENT'S offices, as applicable, at all reasonable times. If a claim, investigation or litigation is pending after what is assumed to be final payment that, in effect cancels the final payment date. The retention period will not begin until final settlement and conclusion of the claim, investigation or litigation. 12. Termination. The CITY may terminate this Agreement, in its entirety, and such additional supplemental agreements hereafter executed, in whole or in part, and may recover any Shelter Plus Care 1 funds from SUBRECIPIENT at its discretion if SUBRECIPIENT:

a. violates any provision of this Agreement; or

b. violates any provision of the Stewart B. McKinney Homeless Assistance Act; or

c violates any applicable regulations or terms and conditions of approval of the applications which the Secretary of the United States Department of Housing and Urban Development (hereinafter "HUD") has issued or shall subsequently issue during the period of this Agreement; or

d. fails to complete performance in a timely manner. The CITY may also terminate this Agreement and such additional supplemental agreements hereafter executed, in whole or in part, by giving the SUBRECIPIENT thirty (30) days written notice, in the event that the Secretary of HUD shall;

i. withdraw funds allocated to the CITY under CITY'S application for program activities which substantially prevent performance of the program in the CITY;

ii. terminate the CITY'S funding allocation pursuant to an Act of Congress; or

iii. fail to approve a grant application filed by the CITY. 13. Dispute Resolution. Any controversy or claim arising out of, or relating to, this Agreement or the breach thereof, shall be settled by arbitration in accordance with the rules then obtaining of the American Arbitration Association, and judgment upon the award rendered may be entered in any Court having jurisdiction thereof. It is agreed that any and all proceedings conducted in arbitrating any dispute under this Agreement shall be held in Springfield, Ohio.

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14. Independent Contractor Status. It is agreed that SUBRECIPIENT shall have the status of an independent contractor under this Agreement. SUBRECIPIENT will pay and make all required filings in connection with state, city and federal payroll taxes, social security contributions and workers' compensation and unemployment insurance premiums or any other required payments of filings in connection with the engagement of any persons or firms SUBRECIPIENT, may use in performing its responsibilities under this Agreement. 15. Compliance with Law. SUBRECIPIENT agrees that the transaction which is the subject of this Agreement and all activities engaged in by SUBRECIPIENT in performing this Agreement shall be conducted in full and complete compliance with all federal, state and local constitutions, charters, statutes, ordinances, rules and regulations of whatever nature. SUBRECIPIENT shall do all things necessary to accomplish such full and complete compliance. Warning: It is unlawful for officials and employees of CITY to receive gratuities. CITY shall not engage in any conflict of interest in violation of applicable law. SUBRECIPIENT warrants that to the best of its knowledge no City Commissioner, officer or employee of the CITY, or their designees, agents or consultants, has or shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, resulting from the use of the funding provided pursuant to this Agreement. 16. Indemnification. SUBRECIPIENT agrees to indemnify the CITY from any liability and to save the CITY harmless from any damage which the CITY may suffer as a result of acts or omissions of SUBRECIPIENT or any employee or agent of SUBRECIPIENT. In the event HUD determines that any costs which were funded by funding provided to SUBRECIPIENT pursuant to this Agreement were not eligible costs, SUBRECIPIENT shall repay to CITY the amount of the funding made to fund costs found not to be eligible costs. This section places an absolute obligation on SUBRECIPIENT to indemnify and hold the CITY harmless from any expenditure recovery action by HUD against the CITY to recover funding for SUBRECIPIENT'S costs determined by HUD to be ineligible costs or disbursement of Shelter Plus Care 1 funds in violation of 24 CFR part 578. 17. No Waiver. Failure of CITY to complain of any act or omission on the part of SUBRECIPIENT, no matter how long the same may continue, shall not be deemed to be a waiver by CITY of any of its rights hereunder. No waiver by CITY at any time, expressed or implied, of any breach of any provision of this Agreement shall be deemed a waiver of a breach of any other provision of this Agreement or a consent to any subsequent breach of the same or any other provision. 18. Merger. This Agreement constitutes the entire understanding of the parties and shall not be altered, changed, modified, or amended except by similar instruments in writing, executed by the parties hereto. 19. Assignment. It is agreed that none of the parties shall have the right at any time to assign its interest in and to this Agreement without the written consent of the other party.

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20. Binding Effect. This Agreement is binding upon and inures to the benefit of the parties hereto, their respective legal representatives, successors and assigns. 21. ADA. SUBRECIPIENT shall fully comply with all applicable provisions of the Americans with Disabilities Act of 1990 and all regulations issued in connection therewith. 22. Tenant Based Assistance. Use of Shelter Plus Care 1 funding, provided to SUBRECIPIENT pursuant to this Agreement, to provide tenant based assistance shall be limited in the following respects:

a. SUBRECIPIENT shall provide assistance funded by this Agreement only to beneficiaries who are qualified in strict compliance with CITY'S tenant selection policies described in ATTACHMENT IV – 24 CFR Part 578.

b. The lease between a tenant and an owner of rental housing for which Shelter Plus Care 1 funded rental assistance is provided must comply with the requirements of 24 CFR Part 578.

c. SUBRECIPIENT shall contractually require tenant beneficiaries receiving shelter Plus Care 1 funded assistance provided pursuant to this Agreement to apply and use such assistance within the boundaries of Clark County, Ohio.

d. Housing occupied by a family receiving tenant-based assistance provided pursuant to this Agreement must meet the performance requirements set forth in 24 CFR Section 882.109. In addition, the housing must meet the acceptability criteria set forth in 24 CFR Section 882.109, except for such variations as are proposed by the participating jurisdiction and approved by HUD.

e. Maximum tenant based assistance subsidy -- The amount of the monthly assistance that SUBRECIPIENT may pay to, or on behalf of, a family shall comply with 24 CFR Part 578.77.

g. SUBRECIPIENT shall conduct the Assistance Program, described above, in strict conformance with all the requirements of 24 CFR Part 578.

23. Attachments. The following attachments are incorporated herein by this reference as though fully rewritten herein: a. ATTACHMENT I -- Work Program [attached hereto and incorporated herein]

b. ATTACHMENT II -- Work Program Budget [attached hereto and incorporated herein]

c. ATTACHMENT III -- Subpart K [on file with CITY’S Community Development Department and incorporated herein]

d. ATTACHMENT IV – 24 CFR Part 578 [on file with CITY’S Community Development Department]

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IN WITNESS WHEREOF, the parties hereto have set their hands as of the date first above written. APPROVED AS TO FORM AND CORRECTNESS: ______________________ Assistant Law Director

THE CITY OF SPRINGFIELD, OHIO BY:__________________________________ Bryan Heck, City Manager

Date _________________________

I hereby certify that the money required for payment of the above obligation in the sum of $169,440.00 at the time of the making of this contract or order, was lawfully appropriated for such purpose and was in the treasury or in process of collection to the credit of the proper item of appropriation free from any previous encumbrance.

___________________________ Finance Director

SPRINGFIELD METROPOLITAN HOUSING AUTHORITY BY:__________________________________ LaMonyka French, Executive Director

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Work Program Shelter Plus Care 1

The Shelter Plus Care Program is a part of the Homeless Assistance Grants offered by the United States Department of Housing and Urban Development (HUD) in compliance with The Stewart B. McKinney Homeless Assistance Act of 1987, later renamed the McKinney-Vento Homeless Assistance Act title IV, subtitle 42 U.S.C. 11381 and The McKinney-Vento Homeless Assistance Act as amended by C. 896 The Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009 requirements. The Shelter Plus Care Program is designed to provide both affordable housing and a full range of services to homeless individuals who have a qualifying disability. The target population will be identified as homeless households and will have an adult and/or child in residence with a diagnosed disability. The households will be in need of a one, two, three or four-bedroom unit. The city will utilize various social service (SS) providers in the community to identify and refer clients to the program. Clients will not be required to be sober, on their meds, or accepting of social services; they just need to be homeless and disabled. Any client identified as chronically homeless and fitting the Shelter Plus Care Program requirements (homeless, disabled households) will be provided housing before non-chronically homeless households. The City as GRANTEE is ultimately responsible for the Shelter Plus Care grant, but may delegate and partner with other entities in the operation and execution of the grant in order to meet all grant requirements.

SMHA as CONTRACTOR shall be responsible for client and unit certifications in accordance with regulations. As the local housing authority, these tasks are already within the CONTRACTOR’s scope of work in the community. Role of All Parties ALL PARTIES will comply with all applicable requirements, which are now, or which may hereafter be, imposed by HUD for the Shelter Plus Care Program, including, but not limited to, the requirements of 24 CFR part 85 (administrative requirements as detailed in OMB Circular A-102, and OMB Circular A-87), and 24 CFR part 24 (the use of debarred or suspended contractors). All parties will also comply with the requirement to maintain a Drug-free Workplace, pursuant to Section 401 of the McKinney Act and Drug-free Workplace Act of 1988, and will comply with all statues and regulations applicable to the delivery of the parties’ services. There will be no displacement of tenant or property owners through the provision of services. GRANTEE Responsibilities

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a. GRANTEE will apply for the yearly renewal of all S+C grants in the community and

will comply with all reporting requirements for said grants. b. GRANTEE will manage a competitive grant program with the cooperation of SMHA

(CONTRACTOR) and the Housing Partners (SUPPORTIVE SERVICES PROVIDERS). All clients will be referred to the GRANTEE for approval. The GRANTEE will notify the CONTRACTOR of eligible clients for the program.

c. All client transfers will be referred to the GRANTEE. The GRANTEE will notify

the CONTRACTOR of any clients appropriate for transfer. If a Housing Choice Voucher is available at the time of notification, the CONTRACTOR will transfer client to a voucher.

d. GRANTEE will reach out to the SUPPORTIVE SERVICES PROVIDERS when

openings occur for clients. At its discretion, the GRANTEE may also maintain a waiting list of clients interested in participating in the program.

e. GRANTEE will be the contact for COHHIO for all HMIS data quality concerns. The

GRANTEE will establish and maintain HMIS data quality and reporting proficiency. CONTRACTOR Responsibilities

a. CONTRACTOR will be responsible for program related administrative activities including client and unit certifications and payment of rent to individual landlords. CONTRACTOR will maintain a file on each applicant, including but not limited to: application, income verification, household verification, tenant rent and utility allowance determinations, housing quality inspections reports, rent reasonableness checks, etc. to ensure all regulatory and funding requirements are met.

b. CONTRACTOR will certify the units to be used in this program, including

performing the Housing Quality Standards (HQS) certification and checking for rent reasonableness. Certifications will be performed one time per year or with each change in a unit.

Rent Reasonableness Check and Unit Certification

c. CONTRACTOR will certify clients, including performing income verification and certifications and calculating the proper amount of rent/utilities to be charged to the client based on income. Income verification and certifications will be performed one time per year or with each change of income.

Income Verification/Certification and Rent Calculation

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d. CONTRACTOR will arrange monthly payment to each landlord with a participating client in one of his or her units. CONTRACTOR will maintain documentation regarding payments made for reimbursement by the GRANTEE. Payment will be performed monthly for each client.

Pay Landlord SMHA will invoice for these services on an average prorated amount of $92.17 per client.

S+C Eligible Expenses CONTRACTOR will pre-pay for the upcoming month’s rent. SUPPORTIVE SERVICE PROVIDERS will notify the GRANTEE immediately upon a client leaving the program without notice. Should a client vacate a unit before the end of the month, the landlord is able to retain the rest of the month’s rent, unless the unit is rented out. CONTRACTOR is able to pay up to 1 month’s rent for property damages incurred to a unit by the client or while the client was renting the unit. Landlord must provide documentation of the damages. CONTRACTOR is able to pay security deposit assistance in an amount not to exceed 2 months of actual rent. An advance payment of the last month‘s rent may be provided to the landlord in addition to the security deposit and payment of the first month‘s rent. CONTRACTOR will invoice monthly, and no later than the last day of each month, and must provide documentation of the rent reasonableness check, unit certification, client income verification, rent calculation and rent roll by grant with request for payment. Client/SUPPORTIVE SERVICES PROVIDER will provide notice to CONTRACTOR of income changes that will result in the need for income and rent re-calculation. GRANTEE will approve appropriate client housing requests from SUPPORTIVE SERVICES PROVIDERS and forward a request for housing assistance to the CONTRACTOR, specifying the grant, for all clients. An intake briefing will occur within five business days of the referral from the Grantee. GRANTEE will approve all appropriate client requests to terminate housing assistance from SUPPORTIVE SERVICES PROVIDERS. Clients should be moving into their own permanent housing at exit. CONTRACTOR will offer Section 8 vouchers to clients demonstrating a readiness to sustain this permanent housing assistance.

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ATTACHMENT II WORK PROGRAM BUDGET SHETLER PLUS CARE 1 – TENANT BASED RENTAL ASSISTANCE SUBRECIPIENT – SPRINGFIELD METROPOLITAN HOUSING AUTHORITY FUNDS FROM GRANT: OH0204L5E071912 For eligible expenses as provided in the Shelter + Care grant agreement between the City of Springfield and the Department of Housing and Urban Development. AMOUNT OF BUDGET: $ 169,440 Unit Configuration Reported to HUD – 25 units The term of this agreement shall be 1 year. Funds not to exceed the appropriate existing fair market rental value under Section 3(b)(2) of the United States Housing Act of 1937 at the time the application was approved. Any amounts not needed during the year will be returned to HUD. Program Costs: With each request for payment for program costs associated with the grant, Subrecipient must provide supporting documentation. In addition to rent/utility payments the following are eligible program activities:

• Rent Reasonableness Check and Unit Certification = performed 1x per year or with unit change

• Income Verification/Certification and Rent Calculation = performed 1x per year or with income change

• Pay Landlord = perform every month per client SMHA will invoice for these services on an average prorated amount of $92.17 per client.

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Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 570.601

(B) Commitment of private funds by the financial institution for rehabilita-tion loans at below market interest rates, at higher than normal risk, or with longer than normal repayment pe-riods; or

(C) Provision of administrative serv-ices in support of the rehabilitation program by the participating financial institution at no cost or at lower than actual cost.

(c) Program income. Interest earned on lump sum deposits and payments on loans made from such deposits are pro-gram income and, during the period of the agreement, shall be used for reha-bilitation activities under the provi-sions of this section.

(d) Outstanding findings. Notwith-standing any other provision of this section, no recipient shall enter into a new agreement during any period of time in which an audit or monitoring finding on a previous lump sum draw-down agreement remains unresolved.

(e) Prior notification. The recipient shall provide the HUD field office with written notification of the amount of funds to be distributed to a private fi-nancial institution before distribution under the provisions of this section.

(f) Recordkeeping requirements. The re-cipient shall maintain in its files a copy of the written agreement and re-lated documents establishing conform-ance with this section and concerning performance by a financial institution in accordance with the agreement.

Subpart K—Other Program Requirements

SOURCE: 53 FR 34456, Sept. 6, 1988, unless otherwise noted.

§ 570.600 General. (a) This subpart K enumerates laws

that the Secretary will treat as appli-cable to grants made under section 106 of the Act, other than grants to states made pursuant to section 106(d) of the Act, for purposes of the Secretary’s de-terminations under section 104(e)(1) of the Act, including statutes expressly made applicable by the Act and certain other statutes and Executive Orders for which the Secretary has enforcement responsibility. This subpart K applies to grants made under the Insular Areas

Program in § 570.405 and § 570.440 with the exception of § 570.612. The absence of mention herein of any other statute for which the Secretary does not have direct enforcement responsibility is not intended to be taken as an indica-tion that, in the Secretary’s opinion, such statute or Executive Order is not applicable to activities assisted under the Act. For laws that the Secretary will treat as applicable to grants made to states under section 106(d) of the Act for purposes of the determination re-quired to be made by the Secretary pursuant to section 104(e)(2) of the Act, see § 570.487.

(b) This subpart also sets forth cer-tain additional program requirements which the Secretary has determined to be applicable to grants provided under the Act as a matter of administrative discretion.

(c) In addition to grants made pursu-ant to section 106(b) and 106(d)(2)(B) of the Act (subparts D and F, respec-tively), the requirements of this sub-part K are applicable to grants made pursuant to sections 107 and 119 of the Act (subparts E and G, respectively), and to loans guaranteed pursuant to subpart M.

[53 FR 34456, Sept. 6, 1988, as amended at 61 FR 11477, Mar. 20, 1996; 72 FR 12536, Mar. 15, 2007]

§ 570.601 Public Law 88–352 and Public Law 90–284; affirmatively fur-thering fair housing; Executive Order 11063.

(a) The following requirements apply according to sections 104(b) and 107 of the Act:

(1) Public Law 88–352, which is title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), and implementing regulations in 24 CFR part 1.

(2) Public Law 90–284, which is the Fair Housing Act (42 U.S.C. 3601–3620). In accordance with the Fair Housing Act, the Secretary requires that grant-ees administer all programs and activi-ties related to housing and community development in a manner to affirma-tively further the policies of the Fair Housing Act. Furthermore, in accord-ance with section 104(b)(2) of the Act, for each community receiving a grant

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24 CFR Ch. V (4–1–10 Edition) § 570.602

under subpart D of this part, the cer-tification that the grantee will affirm-atively further fair housing shall spe-cifically require the grantee to assume the responsibility of fair housing plan-ning by conducting an analysis to iden-tify impediments to fair housing choice within its jurisdiction, taking appro-priate actions to overcome the effects of any impediments identified through that analysis, and maintaining records reflecting the analysis and actions in this regard.

(b) Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1959– 1963 Comp., p. 652; 3 CFR, 1980 Comp., p. 307) (Equal Opportunity in Housing), and implementing regulations in 24 CFR part 107, also apply.

[61 FR 11477, Mar. 20, 1996]

§ 570.602 Section 109 of the Act.

Section 109 of the Act requires that no person in the United States shall on the grounds of race, color, national ori-gin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiv-ing Federal financial assistance made available pursuant to the Act. Section 109 also directs that the prohibitions against discrimination on the basis of age under the Age Discrimination Act and the prohibitions against discrimi-nation on the basis of disability under Section 504 shall apply to programs or activities receiving Federal financial assistance under Title I programs. The policies and procedures necessary to ensure enforcement of section 109 are codified in 24 CFR part 6.

[64 FR 3802, Jan. 25, 1999]

§ 570.603 Labor standards.

(a) Section 110(a) of the Act contains labor standards that apply to nonvol-unteer labor financed in whole or in part with assistance received under the Act. In accordance with section 110(a) of the Act, the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) also applies. However, these re-quirements apply to the rehabilitation of residential property only if such property contains not less than 8 units.

(b) The regulations in 24 CFR part 70 apply to the use of volunteers.

[61 FR 11477, Mar. 20, 1996]

§ 570.604 Environmental standards.

For purposes of section 104(g) of the Act, the regulations in 24 CFR part 58 specify the other provisions of law which further the purposes of the Na-tional Environmental Policy Act of 1969, and the procedures by which grantees must fulfill their environ-mental responsibilities. In certain cases, grantees assume these environ-mental review, decisionmaking, and action responsibilities by execution of grant agreements with the Secretary.

[61 FR 11477, Mar. 20, 1996]

§ 570.605 National Flood Insurance Program.

Notwithstanding the date of HUD ap-proval of the recipient’s application (or, in the case of grants made under subpart D of this part or HUD-adminis-tered small cities recipients in Hawaii, the date of submission of the grantee’s consolidated plan, in accordance with 24 CFR part 91), section 202(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4106) and the regulations in 44 CFR parts 59 through 79 apply to funds provided under this part 570.

[61 FR 11477, Mar. 20, 1996]

§ 570.606 Displacement, relocation, ac-quisition, and replacement of hous-ing.

(a) General policy for minimizing dis-placement. Consistent with the other goals and objectives of this part, grant-ees (or States or state recipients, as ap-plicable) shall assure that they have taken all reasonable steps to minimize the displacement of persons (families, individuals, businesses, nonprofit orga-nizations, and farms) as a result of ac-tivities assisted under this part.

(b) Relocation assistance for displaced persons at URA levels. (1) A displaced person shall be provided with reloca-tion assistance at the levels described in, and in accordance with the require-ments of 49 CFR part 24, which con-tains the government-wide regulations implementing the Uniform Relocation


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Assistance and Real Property Acquisi-tion Policies Act of 1970 (URA) (42 U.S.C. 4601–4655).

(2) Displaced person. (i) For purposes of paragraph (b) of this section, the term ‘‘displaced person’’ means any per-son (family, individual, business, non-profit organization, or farm) that moves from real property, or moves his or her personal property from real property, permanently and involun-tarily, as a direct result of rehabilita-tion, demolition, or acquisition for an activity assisted under this part. A per-manent, involuntary move for an as-sisted activity includes a permanent move from real property that is made:

(A) After notice by the grantee (or the state recipient, if applicable) to move permanently from the property, if the move occurs after the initial offi-cial submission to HUD (or the State, as applicable) for grant, loan, or loan guarantee funds under this part that are later provided or granted.

(B) After notice by the property owner to move permanently from the property, if the move occurs after the date of the submission of a request for financial assistance by the property owner (or person in control of the site) that is later approved for the requested activity.

(C) Before the date described in para-graph (b)(2)(i)(A) or (B) of this section, if either HUD or the grantee (or State, as applicable) determines that the dis-placement directly resulted from ac-quisition, rehabilitation, or demolition for the requested activity.

(D) After the ‘‘initiation of negotia-tions’’ if the person is the tenant-occu-pant of a dwelling unit and any one of the following three situations occurs:

(1) The tenant has not been provided with a reasonable opportunity to lease and occupy a suitable decent, safe, and sanitary dwelling in the same building/ complex upon the completion of the project, including a monthly rent that does not exceed the greater of the ten-ant’s monthly rent and estimated aver-age utility costs before the initiation of negotiations or 30 percent of the household’s average monthly gross in-come; or

(2) The tenant is required to relocate temporarily for the activity but the tenant is not offered payment for all

reasonable out-of-pocket expenses in-curred in connection with the tem-porary relocation, including the cost of moving to and from the temporary lo-cation and any increased housing costs, or other conditions of the temporary relocation are not reasonable; and the tenant does not return to the building/ complex; or

(3) The tenant is required to move to another unit in the building/complex, but is not offered reimbursement for all reasonable out-of-pocket expenses incurred in connection with the move.

(ii) Notwithstanding the provisions of paragraph (b)(2)(i) of this section, the term ‘‘displaced person-’’ does not in-clude:

(A) A person who is evicted for cause based upon serious or repeated viola-tions of material terms of the lease or occupancy agreement. To exclude a person on this basis, the grantee (or State or state recipient, as applicable) must determine that the eviction was not undertaken for the purpose of evad-ing the obligation to provide relocation assistance under this section;

(B) A person who moves into the property after the date of the notice described in paragraph (b)(2)(i)(A) or (B) of this section, but who received a written notice of the expected displace-ment before occupancy.

(C) A person who is not displaced as described in 49 CFR 24.2(g)(2).

(D) A person who the grantee (or State, as applicable) determines is not displaced as a direct result of the ac-quisition, rehabilitation, or demolition for an assisted activity. To exclude a person on this basis, HUD must concur in that determination.

(iii) A grantee (or State or state re-cipient, as applicable) may, at any time, request HUD to determine wheth-er a person is a displaced person under this section.

(3) Initiation of negotiations. For pur-poses of determining the type of re-placement housing assistance to be provided under paragraph (b) of this section, if the displacement is the di-rect result of privately undertaken re-habilitation, demolition, or acquisition of real property, the term ‘‘initiation of negotiations’’ means the execution of the grant or loan agreement between


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24 CFR Ch. V (4–1–10 Edition) § 570.607

the grantee (or State or state recipi-ent, as applicable) and the person own-ing or controlling the real property.

(c) Residential antidisplacement and re-location assistance plan. The grantee shall comply with the requirements of 24 CFR part 42, subpart B.

(d) Optional relocation assistance. Under section 105(a)(11) of the Act, the grantee may provide (or the State may permit the state recipient to provide, as applicable) relocation payments and other relocation assistance to persons displaced by activities that are not subject to paragraph (b) or (c) of this section. The grantee may also provide (or the State may also permit the state recipient to provide, as applicable) re-location assistance to persons receiv-ing assistance under paragraphs (b) or (c) of this section at levels in excess of those required by these paragraphs. Unless such assistance is provided under State or local law, the grantee (or state recipient, as applicable) shall provide such assistance only upon the basis of a written determination that the assistance is appropriate (see, e.g., 24 CFR 570.201(i), as applicable). The grantee (or state recipient, as applica-ble) must adopt a written policy avail-able to the public that describes the re-location assistance that the grantee (or state recipient, as applicable) has elected to provide and that provides for equal relocation assistance within each class of displaced persons.

(e) Acquisition of real property. The ac-quisition of real property for an as-sisted activity is subject to 49 CFR part 24, subpart B.

(f) Appeals. If a person disagrees with the determination of the grantee (or the state recipient, as applicable) con-cerning the person’s eligibility for, or the amount of, a relocation payment under this section, the person may file a written appeal of that determination with the grantee (or state recipient, as applicable). The appeal procedures to be followed are described in 49 CFR 24.10. In addition, a low- or moderate- income household that has been dis-placed from a dwelling may file a writ-ten request for review of the grantee’s decision to the HUD Field Office. For purposes of the State CDBG program, a low- or moderate-income household may file a written request for review of

the state recipient’s decision with the State.

(g) Responsibility of grantee or State. (1) The grantee (or State, if applicable) is responsible for ensuring compliance with the requirements of this section, notwithstanding any third party’s con-tractual obligation to the grantee to comply with the provisions of this sec-tion. For purposes of the State CDBG program, the State shall require state recipients to certify that they will comply with the requirements of this section.

(2) The cost of assistance required under this section may be paid from local public funds, funds provided under this part, or funds available from other sources.

(3) The grantee (or State and state recipient, as applicable) must maintain records in sufficient detail to dem-onstrate compliance with the provi-sions of this section.

(Approved by the Office of Management and Budget under OMB control number 2506–0102)

[61 FR 11477, Mar. 20, 1996, as amended at 61 FR 51760, Oct. 3, 1996]

§ 570.607 Employment and contracting opportunities.

To the extent that they are otherwise applicable, grantees shall comply with:

(a) Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107 (3 CFR 1964–1965 Comp. p. 339; 3 CFR, 1966–1970 Comp., p. 684; 3 CFR, 1966–1970., p. 803; 3 CFR, 1978 Comp., p. 230; 3 CFR, 1978 Comp., p. 264 (Equal Employment Opportunity), and Execu-tive Order 13279 (Equal Protection of the Laws for Faith-Based and Commu-nity Organizations), 67 FR 77141, 3 CFR, 2002 Comp., p. 258; and the imple-menting regulations at 41 CFR chapter 60; and

(b) Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and implementing regula-tions at 24 CFR part 135.

[68 FR 56405, Sept. 30, 2003]

§ 570.608 Lead-based paint. The Lead-Based Paint Poisoning Pre-

vention Act (42 U.S.C. 4821–4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851– 4856), and implementing regulations at


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2 See footnote 1 at § 570.200(a)(5).

part 35, subparts A, B, J, K, and R of this part apply to activities under this program.

[64 FR 50226, Sept. 15, 1999]

§ 570.609 Use of debarred, suspended or ineligible contractors or sub-recipients.

The requirements set forth in 24 CFR part 5 apply to this program.

[61 FR 5209, Feb. 9, 1996]

§ 570.610 Uniform administrative re-quirements and cost principles.

The recipient, its agencies or instru-mentalities, and subrecipients shall comply with the policies, guidelines, and requirements of 24 CFR part 85 and OMB Circulars A–87, A–110 (imple-mented at 24 CFR part 84), A–122, A–133 (implemented at 24 CFR part 45), and A–128 2 (implemented at 24 CFR part 44), as applicable, as they relate to the acceptance and use of Federal funds under this part. The applicable sections of 24 CFR parts 84 and 85 are set forth at § 570.502.

[60 FR 56916, Nov. 9, 1995]

§ 570.611 Conflict of interest. (a) Applicability. (1) In the procure-

ment of supplies, equipment, construc-tion, and services by recipients and by subrecipients, the conflict of interest provisions in 24 CFR 85.36 and 24 CFR 84.42, respectively, shall apply.

(2) In all cases not governed by 24 CFR 85.36 and 84.42, the provisions of this section shall apply. Such cases in-clude the acquisition and disposition of real property and the provision of as-sistance by the recipient or by its sub-recipients to individuals, businesses, and other private entities under eligi-ble activities that authorize such as-sistance (e.g., rehabilitation, preserva-tion, and other improvements of pri-vate properties or facilities pursuant to § 570.202; or grants, loans, and other as-sistance to businesses, individuals, and other private entities pursuant to § 570.203, 570.204, 570.455, or 570.703(i)).

(b) Conflicts prohibited. The general rule is that no persons described in paragraph (c) of this section who exer-cise or have exercised any functions or

responsibilities with respect to CDBG activities assisted under this part, or who are in a position to participate in a decisionmaking process or gain in-side information with regard to such activities, may obtain a financial in-terest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract, or agree-ment with respect to a CDBG-assisted activity, or with respect to the pro-ceeds of the CDBG-assisted activity, ei-ther for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter. For the UDAG pro-gram, the above restrictions shall apply to all activities that are a part of the UDAG project, and shall cover any such financial interest or benefit dur-ing, or at any time after, such person’s tenure.

(c) Persons covered. The conflict of in-terest provisions of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the recipient, or of any designated public agencies, or of subrecipients that are receiving funds under this part.

(d) Exceptions. Upon the written re-quest of the recipient, HUD may grant an exception to the provisions of para-graph (b) of this section on a case-by- case basis when it has satisfactorily met the threshold requirements of (d)(1) of this section, taking into ac-count the cumulative effects of para-graph (d)(2) of this section.

(1) Threshold requirements. HUD will consider an exception only after the re-cipient has provided the following doc-umentation:

(i) A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and

(ii) An opinion of the recipient’s at-torney that the interest for which the exception is sought would not violate State or local law.

(2) Factors to be considered for excep-tions. In determining whether to grant a requested exception after the recipi-ent has satisfactorily met the require-ments of paragraph (d)(1) of this sec-tion, HUD shall conclude that such an


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24 CFR Ch. V (4–1–10 Edition) § 570.612

exception will serve to further the pur-poses of the Act and the effective and efficient administration of the recipi-ent’s program or project, taking into account the cumulative effect of the following factors, as applicable:

(i) Whether the exception would pro-vide a significant cost benefit or an es-sential degree of expertise to the pro-gram or project that would otherwise not be available;

(ii) Whether an opportunity was pro-vided for open competitive bidding or negotiation;

(iii) Whether the person affected is a member of a group or class of low- or moderate-income persons intended to be the beneficiaries of the assisted ac-tivity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class;

(iv) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decisionmaking process with respect to the specific as-sisted activity in question;

(v) Whether the interest or benefit was present before the affected person was in a position as described in para-graph (b) of this section;

(vi) Whether undue hardship will re-sult either to the recipient or the per-son affected when weighed against the public interest served by avoiding the prohibited conflict; and

(vii) Any other relevant consider-ations.

[60 FR 56916, Nov. 9, 1995]

§ 570.612 Executive Order 12372. (a) General. Executive Order 12372,

Intergovernmental Review of Federal Programs, and the Department’s imple-menting regulations at 24 CFR part 52, allow each State to establish its own process for review and comment on proposed Federal financial assistance programs.

(b) Applicability. Executive Order 12372 applies to the CDBG Entitlement program and the UDAG program. The Executive Order applies to all activi-ties proposed to be assisted under UDAG, but it applies to the Entitle-ment program only where a grantee proposes to use funds for the planning or construction (reconstruction or in-

stallation) of water or sewer facilities. Such facilities include storm sewers as well as all sanitary sewers, but do not include water and sewer lines con-necting a structure to the lines in the public right-of-way or easement. It is the responsibility of the grantee to ini-tiate the Executive Order review proc-ess if it proposes to use its CDBG or UDAG funds for activities subject to review.

§ 570.613 Eligibility restrictions for certain resident aliens.

(a) Restriction. Certain newly legal-ized aliens, as described in 24 CFR part 49, are not eligible to apply for benefits under covered activities funded by the programs listed in paragraph (e) of this section. ‘‘Benefits’’ under this section means financial assistance, public serv-ices, jobs and access to new or rehabili-tated housing and other facilities made available under covered activities fund-ed by programs listed in paragraph (e) of this section. ‘‘Benefits’’ do not in-clude relocation services and payments to which displacees are entitled by law.

(b) Covered activities. ‘‘Covered activi-ties’’ under this section means activi-ties meeting the requirements of § 570.208(a) that either:

(1) Have income eligibility require-ments limiting the benefits exclusively to low and moderate income persons; or

(2) Are targeted geographically or otherwise to primarily benefit low and moderate income persons (excluding activities serving the public at large, such as sewers, roads, sidewalks, and parks), and that provide benefits to persons on the basis of an application.

(c) Limitation on coverage. The restric-tions under this section apply only to applicants for new benefits not being received by covered resident aliens as of the effective date of this section.

(d) Compliance. Compliance can be ac-complished by obtaining certification as provided in 24 CFR 49.20.

(e) Programs affected. (1) The Commu-nity Development Block Grant pro-gram for small cities, administered under subpart F of part 570 of this title until closeout of the recipient’s grant.

(2) The Community Development Block Grant program for entitlement


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grants, administered under subpart D of part 570 of this title.

(3) The Community Development Block Grant program for States, ad-ministered under subpart I of part 570 of this title until closeout of the unit of general local government’s grant by the State.

(4) The Urban Development Action Grants program, administered under subpart G of part 570 of this title until closeout of the recipient’s grant.

[55 FR 18494, May 2, 1990]

§ 570.614 Architectural Barriers Act and the Americans with Disabilities Act.

(a) The Architectural Barriers Act of 1968 (42 U.S.C. 4151–4157) requires cer-tain Federal and Federally funded buildings and other facilities to be de-signed, constructed, or altered in ac-cordance with standards that insure accessibility to, and use by, physically handicapped people. A building or facil-ity designed, constructed, or altered with funds allocated or reallocated under this part after December 11, 1995, and that meets the definition of ‘‘resi-dential structure’’ as defined in 24 CFR 40.2 or the definition of ‘‘building’’ as defined in 41 CFR 101–19.602(a) is sub-ject to the requirements of the Archi-tectural Barriers Act of 1968 (42 U.S.C. 4151–4157) and shall comply with the Uniform Federal Accessibility Stand-ards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41 CFR part 101–19, subpart 101–19.6, for general type buildings).

(b) The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) provides comprehen-sive civil rights to individuals with dis-abilities in the areas of employment, public accommodations, State and local government services, and tele-communications. It further provides that discrimination includes a failure to design and construct facilities for first occupancy no later than January 26, 1993, that are readily accessible to and usable by individuals with disabil-ities. Further, the ADA requires the re-moval of architectural barriers and communication barriers that are struc-tural in nature in existing facilities, where such removal is readily achiev-able—that is, easily accomplishable

and able to be carried out without much difficulty or expense.

[60 FR 56917, Nov. 9, 1995]

Subpart L [Reserved]

Subpart M—Loan Guarantees

SOURCE: 59 FR 66604, Dec. 27, 1994, unless otherwise noted.

§ 570.700 Purpose. This subpart contains requirements

governing the guarantee under section 108 of the Act of debt obligations as de-fined in § 570.701.

§ 570.701 Definitions. Borrower means the public entity or

its designated public agency or the State that issues debt obligations under this subpart.

Debt obligation means a promissory note or other obligation issued by a public entity or its designated public agency or by a State and guaranteed by HUD under this subpart, or a trust certificate or other obligation offered by HUD or by a trust or other offeror approved for purposes of this subpart by HUD, which is guaranteed by HUD under this subpart and is based on and backed by a trust or pool composed of notes or other obligations issued by public entities or their designated pub-lic agencies or by States and guaran-teed or eligible for guarantee by HUD under this subpart.

Designated public agency means a pub-lic agency designated by a public enti-ty to issue debt obligations as borrower under this subpart.

Entitlement public entity means a met-ropolitan city or an urban county re-ceiving a grant under subpart D of this part.

Guaranteed loan funds means the pro-ceeds payable to the borrower from the issuance of debt obligations under this subpart and includes funds received by a nonentitlement public entity from a State under § 570.711.

Nonentitlement public entity means any unit of general local government in a nonentitlement area.

Public entity shall have the meaning provided for the term ‘‘Eligible public entity’’ in section 108(o) of the Act.


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Subject: Contract Renewal for Liquid Chlorine

Submitted By: Mark Beckdahl, Finance Director

Department: Water Treatment Plant Contact: Allen Jones x


Summary: It is respectfully requested that the City Commission authorize the City Manager to exercise the first

renewal option for the contract with JCI Jones Chemicals, Inc for liquid chlorine for an amount not to exceed $35,000.00 for contract year 2020/2021 expiring October 4, 2021. There is no increase over the

intitial bid.

Justification for Emergency Action: (use reverse side if needed) .

Department/Division_____Fund Description_________Account Number___________Actual Cost___ WTP 620 Water 230201-4313 $35,000.00




Motion Contract

AN ORDINANCE NO._________________ Authorizing the exercise of the City's option to renew the contract with JCI Jones Chemicals, Inc. for the purchase of liquid chlorine for use by the City’s Water Treatment Plant, for an amount not to exceed $35,000.00.

...oooOOOooo... WHEREAS, the City and JCI Jones Chemicals, Inc. entered into a one-year contract dated September 6, 2019, for the purchase of liquid chlorine for use by the City’s Water Treatment Plant; and WHEREAS, the September 6, 2019 contract provides the City with an option to renew the contract for two (2) additional one (1) year periods; and WHEREAS, this Commission finds it in the best interest of the City that said contract be renewed for the first renewal option for the purchase of liquid chlorine for use by the City’s Water Treatment Plant, for a total amount not to exceed $35,000.00; NOW, THEREFORE: BE IT ORDAINED by the City Commission of The City of Springfield, Ohio: Section 1. That the City Commission hereby authorizes the exercise of the City's first option to renew the contract with JCI Jones Chemicals, Inc. the purchase of liquid chlorine for use by the City’s Water Treatment Plant, for an amount not to exceed $35,000.00. Section 2. That this Ordinance shall take effect and be in force from and after fourteen (14) days from the date of its passage. PASSED this ________ day of ___________________________, A.D., 2020.





Subject: Apply and Accept Ohio Water Development Authority (OWDA) Loan for McCreight

Water/Sewer


Department: Finance / Treasury Contact: Nikki Weber x7382


Summary: Authorizing the City Manager to apply for, accept and enter into an Ohio Water Development Authority (OWDA) loan agreement to finance the water and sewer portions of the McCreight Ave project in the

maximum amount of $1,380,000; and authorizing the City Manager, Law Director, and Finance Director to do all things necessary to implement the application and agreement and to comply with all relevant

local, state, and federal legal requirements.

Justification for Emergency Action: (use reverse side if needed) Emergency action is requested in order to meet the deadline associated with a September loan award, in

which the City must submit its loan application by September 1, 2020.


Total Cost:



Motion Contract

AN ORDINANCE NO.___________________ Authorizing the City Manager to apply for, accept and enter into a Cooperative Agreement to finance the water and sewer portions of the CLA McCreight Avenue Project, PID No. 104831 with the Ohio Water Development Authority (“OWDA”); and declaring an emergency therein.

...oooOOOooo... WHEREAS, the City desires to obtain a loan from the OWDA to finance costs of the water and sewer portions of the CLA McCreight Avenue Project, PID No. 104831 on the terms set forth in the Cooperative Agreement; and WHEREAS, the OWDA has indicated its willingness to make a loan for that purpose and on those terms; and WHEREAS, it is necessary that this Ordinance become effective immediately in order to comply with application submission deadlines imposed by the OWDA, thereby providing for the usual daily operation of various City departments, which this Commission finds creates an emergency necessitating the immediate effectiveness of this Ordinance: NOW, THEREFORE: BE IT ORDAINED by the City Commission of The City of Springfield, Ohio, at least four of its members concurring: Section 1. That the City Manager is hereby authorized to apply for, accept and enter into a Cooperative Agreement, a copy of which is attached hereto and is hereby approved, to finance the water and sewer portions of the CLA McCreight Avenue Project, PID No. 104831 with the Ohio Water Development Authority. Section 2. The initial loan shall be in the amount of $1,380,000.00. The City Manager is hereby authorized to apply for and accept additional loan amounts not to exceed 10% of the initial loan amount under the terms of the Cooperative Agreement approved by this Ordinance for the purpose of financing the water and sewer portions of the CLA McCreight Avenue Project, PID No. 104831.

Section 3. That it is found and determined that all formal actions of this Commission concerning and relating to the passage of this Ordinance were passed in an open meeting of this Commission, and that all deliberations of this Commission and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements including Section 121.22 of the Ohio Revised Code.

Section 4. That by reason of the emergency set forth and defined in the preamble hereto, this Ordinance shall take effect and be in force immediately. PASSED this _________ day of _________________________, A.D., 2020.


OWDA 1/30/2020

COOPERATIVE AGREEMENT FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF STATE WATER PROJECT OR WASTEWATER PROJECT

THIS AGREEMENT made and entered into as of the date specified on Schedule I hereto (the “Term Sheet,” which is fully incorporated herein and made a part hereof) as the “Agreement Date,” by and between the OHIO WATER DEVELOPMENT AUTHORITY, a body corporate and politic organized and existing under the provisions of Chapter 6121 of the Revised Code of Ohio (hereinafter referred to as the “OWDA”) and the governmental body specified as the “LGA” on the Term Sheet (hereinafter referred to as the “LGA”), a governmental body organized and existing under the laws of the State of Ohio and acting pursuant to an ordinance or a resolution passed by the legislative authority thereof on the date specified on the Term Sheet as the Resolution Date;

WITNESSETH:

WHEREAS, the OWDA has been created, among other reasons, to carry forward the declared public policy of the State of Ohio to preserve, protect, upgrade, conserve, develop, utilize and manage the water resources of the state, to prevent or abate the pollution of water resources, to promote the beneficial use of waters of the state for the protection and preservation of the comfort, health, safety, convenience, and welfare, and the improvement of the economic and general welfare and employment opportunities of and the creation of jobs for the people of the state, and to assist and cooperate with other governmental agencies in achieving such purposes through the establishment, operation and maintenance of water development projects pursuant to Chapter 6121 of the Revised Code; and

WHEREAS, the water system or wastewater system (hereinafter more fully defined and referred to as the “System”) of the LGA will require the supply of services (the “Services”) for the treatment and/or transmission of drinking water (in the case of a water project) or for the treatment or disposal of wastewater (in the case of a wastewater project) from the construction, operation and maintenance of new or additional facilities (which facilities are hereafter referred to as the “Project Facilities”); and

WHEREAS, the LGA is desirous of obtaining the Services for the System in cooperation with the OWDA; and

WHEREAS, the OWDA is willing to cooperate with the LGA in obtaining such Services, and the LGA has given the OWDA reasonable assurances that the LGA will make the payments hereinafter provided for and will fulfill its other obligations hereunder; and

WHEREAS, the OWDA and LGA have determined to enter into this Agreement to set forth their respective obligations with respect to the financing, construction, operation and ownership of the Project Facilities;

NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the parties hereto do hereby agree as follows:

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ARTICLE I - DEFINITIONS

Except where the context clearly indicates otherwise, the following terms as used in this Agreement shall have the meaning ascribed to them in this Article:

DEFINITIONS RELATING TO PHYSICAL FACILITIES

(a) “Approved Application” means the application of the LGA dated as of the dated specified on the Term Sheet as the “LGA Application Date,” submitted to the OWDA, together with all attachments, supporting documentation, amendments and supplements thereto as approved by the OWDA on the date specified on the Term Sheet as the “OWDA Application Approval Date,” together with any amendments thereto approved by the LGA and the OWDA after the date of this Agreement.

(b) “Project Facilities” means the facilities to be constructed pursuant to this Agreement as described generally in Exhibit A attached hereto and made a part hereof and more particularly described in the Approved Application together with any changes therein made pursuant to Article III hereof.

(c) “Project Site” means all land, rights-of-way, property rights, easements, franchise rights or other interests in real estate necessary for the construction and operation of the Project Facilities.

(d) “System” means the facilities of the LGA specified as the “System” on the Term Sheet.

DEFINITIONS RELATING TO COSTS

(e) “Eligible Project Costs” shall include, whether incurred before or after the date of this Agreement (but if incurred prior to the date hereof, subject to the restrictions set forth in the first proviso below), the following costs of the Project Facilities and the Project Site: the purchase price of the Project Site when acquired by purchase, or the value thereof when appropriated as found by the jury, together with the costs of the proceedings and the damages assessed in favor of any owner of the adjoining lands and interests therein, subject to the second proviso set forth below; the cost of demolishing or removing any buildings or structures on the Project Site, including the cost of acquiring any lands to which such buildings or structures may be removed, subject to the second proviso set forth below; the cost of diverting highways, interchange of highways, and access roads to private property, including the cost of easements therefor, subject to the second proviso set forth below; the costs of construction of the Project Facilities including, but not limited to, the cost of all machinery, furnishings and equipment included therein; interest on all funds disbursed by the OWDA (other than funds paid over to the OWDA by the LGA for disbursement by the OWDA) at the Contract Interest Rate from the date of disbursement by the OWDA of each portion thereof pursuant to Section 3.8 hereof to the first day of the January or the July next preceding the commencement of the Contract Period of Years based on the then existing cost allocations; engineering expenses for the Project Facilities including, but not limited to, the cost of preliminary and other surveys, the cost of preparing plans, estimates and specifications, the cost of all necessary soil and other investigations and laboratory testing, and resident engineering and inspection fees; the cost of printing and

- 3 -

publishing the notices and legislation required; legal expenses; administrative expenses of the OWDA in the amount of 0.35% of all Eligible Project Costs other than such administrative expenses, or $400, whichever is the greater; any obligation for the repayment of borrowed money incurred by the LGA to the OWDA under any Cooperative Agreement for State Planning Project between the LGA and OWDA with respect to the Project Facilities, and any other necessary miscellaneous expenditures; provided, however, that Eligible Project Costs shall include costs incurred prior to the date hereof only if and to the extent that, in the opinion of nationally recognized bond counsel satisfactory to the OWDA, the payment of such costs by the OWDA would not cause the interest on any debt obligations of the OWDA to cease to be excluded from gross income for purposes of federal income taxation; and provided further, however, that Eligible Project Costs shall include costs for the acquisition of real property or interests therein (other than easements) only if the OWDA shall have received from the LGA reasonably sufficient assurances, satisfactory to the OWDA, as to environmental matters related to such real property. Notwithstanding anything contained herein to the contrary, Eligible Project Costs shall not include any commissions, fees and/or expenses which may be owed by the LGA to a broker or finder as a result of or in connection with the OWDA’s agreement to pay the Eligible Project Costs to the LGA as provided herein.

DEFINITIONS RELATING TO PARTICIPATION IN COSTS

(f) “Original Loan Amount” means those Eligible Project Costs that are paid with moneys disbursed out of funds of the OWDA, which costs shall in no event exceed the amount specified on the Term Sheet as the “Maximum Original Loan Amount.”

(g) “Semiannual Payment Obligation” means the amount payable semiannually by the LGA to amortize the Original Loan Amount over the Contract Period of Years with interest on the outstanding balance of the Original Loan Amount at the Contract Interest Rate. An estimate of the Semiannual Payment Obligation based on the Maximum Original Loan Amount and the Contract Interest Rate is specified on the Term Sheet beneath the Maximum Original Loan Amount.

If the Contract Period of Years commences prior to the final determination of the Original Loan Amount, the Semiannual Payment Obligation shall be based upon the best figures available at the time the computation of each semiannual payment is required to be made. When such final costs are known, the Semiannual Payment Obligation shall be recomputed and the next following semiannual payment shall be either increased or decreased by a factor sufficient to correct for any overpayment or underpayment through the date of such recomputation so that the total amount received by OWDA over the Contract Period of Years will be the same amount as would have been received had the final Original Loan Amount been used in computing the Semiannual Payment Obligation at the commencement of the Contract Period of Years. The interest during construction computed at the Contract Interest Rate shall, however, be computed based on the then existing cost allocations at the time of such computation and shall not be recomputed.

(h) “Contract Interest Rate” means the rate specified as such on the Term Sheet.

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(i) “Contract Period of Years” means the period of the Contract Term specified in the Term Sheet, commencing on the date six months prior to the First Payment Date specified in the Term Sheet.

(j) “Default Rate” means a rate equal to the Contract Interest Rate plus three percentage points.

(k) “Pledged Revenues” means the revenues derived by the LGA from the ownership and operation of the System (including, without limitation, any Special Assessment Funds), net of the costs of operating and maintaining the System and paying all amounts required to be paid under any Mortgage, Indenture of Mortgage, Trust Agreement or other instrument heretofore or hereafter entered into by the LGA to secure debt obligations heretofore or hereafter issued or incurred by the LGA for the System.

(l) “Special Assessment Funds” means the proceeds from the special assessments to be hereafter levied, if any, by the LGA to pay all or a portion of the cost of the Project.

ARTICLE II - PROPERTY INTERESTS IN PROJECT SITE AND PROJECT FACILITIES AND RIGHTS OF ACCESS THERETO

Section 2.1. All real estate and interests in real estate and all personal property constituting the Project Facilities and the Project Site shall be acquired by and shall be the property of the LGA.

Section 2.2. The LGA agrees that the OWDA and its duly authorized agents shall have the right at all reasonable times to enter upon the Project Site and Project Facilities and to examine and inspect the same. The LGA further agrees that the OWDA and its duly authorized agents shall have such rights of access to the Project Site and Project Facilities as may be reasonably necessary to enable the OWDA to exercise its rights pursuant to Section 5.8 hereof.

ARTICLE III - ACQUISITION OF PROJECT SITE, CONSTRUCTION OF PROJECT FACILITIES AND PAYMENT OF COSTS THEREOF

Section 3.1. Subject to the terms and conditions of this Agreement, the LGA shall do all things necessary to construct the Project Facilities on the Project Site (which the LGA hereby represents has been acquired by the LGA) by means of the construction contract(s) specified on Exhibit B hereto. The LGA shall use its best efforts to cause the Project Facilities to be fully operational by the date specified on the Term Sheet as the “Operational Date.”

In connection with the construction of the Project Facilities, the LGA agrees that:

(a) The construction contract(s) will provide that the representatives of the OWDA will have access to the work whenever it is in preparation or progress and that the contractor will provide proper facilities for such access and inspection.

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(b) The construction of the Project Facilities on the Project Site will be performed in compliance with all applicable federal, state and local environmental laws and regulations in effect as of the date hereof.

(c) All laborers and mechanics employed on the Project Facilities shall be paid at the prevailing rates of wages of laborers and mechanics for the class of work called for by the Project Facilities, which wages shall be determined in accordance with the requirements of Chapter 4115, Ohio Revised Code, for determination of prevailing wage rates.

(d) Prior to the commencement of construction, the LGA will arrange and conduct a preconstruction conference to include representatives of the OWDA, the LGA and the consulting or resident engineers of the LGA and each contractor.

(e) Each construction contract and contractor’s estimate form will be prepared so that materials and equipment furnished to the LGA may be readily itemized.

(f) All requests submitted by the LGA for the payment or reimbursement of incurred Eligible Project Costs shall include evidence of the costs incurred and will be prepared so that such costs may be readily itemized.

(g) Any change or changes in a construction contract that would increase the contract price by an amount in excess of one percent (1%) or any change or changes regardless of cost that substantially modify the processes contemplated to be performed by the Project Facilities will be submitted to the OWDA for prior approval.

(h) Notification of all change orders not requiring prior approval of the OWDA will be submitted to the OWDA within one (1) month of the time at which they are ordered by the resident or consulting engineer of the LGA.

(i) The construction of the Project Facilities, including the letting of contracts in connection therewith, will conform to applicable requirements of federal, state and local laws, ordinances, rules and regulations.

(j) The LGA will proceed expeditiously with, and complete, the Project Facilities in accordance with the Approved Application and any surveys, plans, profiles, cross sections and specifications or amendments thereto approved by the Director of Environmental Protection of Ohio.

(k) Notwithstanding anything contained herein to the contrary, the obligation of the OWDA to pay Eligible Project Costs pursuant to the terms and conditions of this Agreement shall expire three (3) years from the date hereof. Upon the expiration of the aforesaid period of years, the OWDA shall not be obligated to pay any additional Eligible Project Costs to the LGA hereunder. In the event that the OWDA, in its sole discretion, decides to pay additional Eligible Project Costs after the expiration of its obligation to do so hereunder, it shall so notify the LGA. No such decision by the OWDA to pay any additional Eligible Project Costs hereunder shall be deemed to constitute an extension of its obligation to pay Eligible Project Costs hereunder.

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Except as otherwise provided in this Agreement, the LGA shall have the sole and exclusive charge of all details of the construction of the Project Facilities.

Section 3.2. The LGA shall keep accurate records of the Eligible Project Costs. The LGA shall permit the OWDA, acting by and through the Executive Director of the OWDA or his authorized representatives, to inspect all books, documents, papers and records relating thereto at any and all reasonable times for the purpose of audit and examination, and the LGA shall submit to the OWDA such documents and information as they may reasonably require in connection therewith.

Section 3.3. The LGA shall require that each construction contractor shall furnish a performance and payment bond in an amount at least equal to one hundred percent (100%) of the contractor’s contract price as security for the faithful performance of the contractor’s contract.

Section 3.4. The LGA shall require that each of its contractors and all subcontractors maintain during the life of their contracts Workers’ Compensation Insurance, Public Liability, Property Damage, and Vehicle Liability Insurance, in amounts and on terms that comply with all applicable legal requirements and that are commercially reasonable. Until the Project Facilities are completed and accepted by the LGA, the LGA or (at the option of the LGA) the contractor shall maintain Builders Risk Insurance (fire and extended coverage) on a one hundred percent (100%) basis (completed value form) on the insurable portion of the Project Facilities for the benefit of the OWDA, the LGA, the prime contractor, and all subcontractors, as their respective interests may appear.

Section 3.5. The LGA shall provide and maintain competent and adequate resident engineering services satisfactory to the OWDA covering the supervision and inspection of the development and construction of the Project Facilities and bearing the responsibility of ensuring that construction conforms with the approved surveys, plans, profiles, cross sections and specifications and certifying to the OWDA and the LGA at the completion of construction that construction is in accordance with the approved surveys, plans, profiles, cross sections and specifications or approved amendments thereto.

Section 3.6. Subject to the terms and conditions of this Agreement, the Eligible Project Costs shall be paid by the OWDA. In the event this Agreement is terminated by the OWDA pursuant to, and not in breach of, the provisions of this Agreement, or by subsequent agreement of the parties, or in the event this Agreement is terminated by the LGA, whether or not in breach of the Agreement, the Eligible Project Costs incurred prior to the date of the commencement of the construction of the Project Facilities or the date of such termination, whichever is earlier, shall be paid by the LGA. If such termination takes place following the date of the commencement of the construction of the Project Facilities, all Eligible Project Costs incurred following such commencement date and prior to the date of termination, with the exception of all costs attributable to the acquisition of the Project Site, shall be borne by: (l) the LGA if this Agreement is terminated at such time by the LGA; or (2) by the OWDA if this Agreement is terminated at such time by the OWDA, but in any event, all costs attributable to the acquisition of the Project Site shall be borne by the LGA. Any moneys paid by either party hereto pursuant to this Agreement which become the obligation of the other party under the

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provisions of this Section shall be repaid in not more than three (3) years after termination with interest on the outstanding balances at the Contract Interest Rate.

Section 3.7. The OWDA may decline to deliver any further certificates of availability of funds pursuant to Section 3.8 hereof from and after any determination by the OWDA that any information furnished to the OWDA, in writing or otherwise, in connection with the LGA’s application for the transactions contemplated by this Agreement was false or misleading in any material respect or that such information omitted any other information needed to make the information furnished not false or misleading in any material respect.

Section 3.8. Subject to Section 3.7 hereof, the OWDA shall deliver to the LGA a certificate, certifying that moneys in the amount necessary to pay the Eligible Project Costs obligated or to be obligated up to the Maximum Original Loan Amount are available or are in the process of collection and have been encumbered by the Authority. When such Eligible Project Costs have been incurred and payment requested from the OWDA by the LGA in form and detail satisfactory to the OWDA, the OWDA shall cause to be delivered checks in payment of the invoices, demands for payment, approved contractors’ estimates or other evidence of cost incurrence to the persons or entities entitled to payment in conformity with the encumbrance of funds set forth to pay such obligated Eligible Project Costs.

Section 3.9. The LGA represents and agrees that it will not seek or obtain alternative funding for the Eligible Project Costs of the Project Site and the Project Facilities without the prior written consent of the OWDA. The LGA acknowledges that the OWDA may inform potential and actual investors of bonds issued by the OWDA regarding the details of this Agreement, and that such investors may make an investment decision based on this Agreement.

Section 3.10. Upon completion of the Project Facilities, the LGA shall make a full and complete accounting to the OWDA of the final Eligible Project Costs.

ARTICLE IV - PAYMENTS BY LGA

Section 4.1. Subject to the further provisions hereinafter set forth, the LGA agrees to and shall pay semiannually on January 1 and July 1 of each year of the Contract Period of Years, commencing on the First Payment Date (each such date a “Due Date”), to the OWDA, but solely from the Pledged Revenues, the Semiannual Payment Obligation. In the event that the LGA pays less than the full amount due hereunder on any Due Date, then the amount so paid shall be applied first to interest payable hereunder, then to any late charges payable hereunder, and then to the Original Loan Amount payable hereunder. The LGA acknowledges and agrees that the OWDA afforded the LGA the opportunity to choose between a schedule of payments based on equal principal payments and one based on equal debt service payments and that the estimated Semiannual Payment Obligation shown on the Term Sheet reflect the choice of the LGA.

The obligation of the LGA to pay the charges set forth shall not be assignable, and the LGA shall not be discharged therefrom, without the prior written consent of the OWDA. In the event that services supplied by the Project Facilities or any other portion of the System shall cease or be suspended for any reason, the LGA shall continue to be obligated to pay the charges

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pursuant to this Section 4.1, but solely from the Pledged Revenues. If the LGA does not pay any of the charges set forth in this Section 4.1 on or before the 5th day after the Due Date, the amount of such default shall bear interest at the Default Rate from the Due Date until the date of the payment thereof. Interest at the Default Rate shall be calculated for the actual number of days of default from the Due Date until payment on the basis of a 360 day year. If the LGA does not pay any of the charges set forth in this Section 4.1 on or before the 30th day after the Due Date, in addition to the interest calculated at the Default Rate, a “late charge” of one percent (1%) on the amount of each default shall also be paid to the OWDA by the LGA from the Pledged Revenues for failure to make the payment as provided herein. Thereafter, for each additional thirty (30) days during which the charges remain unpaid, the LGA shall continue to pay from the Pledged Revenues an additional late charge of one percent (1%) on the amount of such default until such charges are paid. In no event shall the OWDA collect interest or late charges in excess of the maximum amount permitted by law. In addition to the foregoing, in the event of a default as aforesaid, all of the costs incurred by the OWDA in curing such default including, but not limited to, court costs and attorney fees, shall (to the extent not previously repaid to the OWDA and to the fullest extent permitted by law) be paid as part of the Eligible Project Costs hereunder and be repaid by the LGA to the OWDA as part of the Original Loan Amount.

Anything in this Agreement to the contrary notwithstanding, neither the general resources of the LGA shall be required to be used, nor shall the general credit of the LGA be pledged for the performance of any duty under this Agreement, but any payment to be made under this Agreement shall be required to be made only from the Pledged Revenues, which are hereby pledged to such payment; provided, however, that, if otherwise lawful, nothing herein shall be deemed to prohibit the LGA from using, of its own volition, any of its general resources for the fulfillment of any of the terms and conditions of this Agreement.

Section 4.2. It is agreed that, no later than June 15 and December 15 of each year of the Contract Period of Years, the OWDA shall invoice the LGA for the sum payable by the LGA pursuant to Section 4.1 and that payment of each such invoice shall be made by the LGA to the OWDA not later than the first day of the following month. No failure by the OWDA to send any such invoice and no failure by the LGA to receive any such invoice shall relieve the LGA from its obligation to pay the amount due hereunder on the applicable Due Date.

Section 4.3. The LGA hereby agrees that: (a) from and after the completion and placement into operation of the Project Facilities, it will at all times prescribe and charge such rates for the services of the System as shall result in Pledged Revenues at least adequate to provide for the payments required by Section 4.1 hereof and shall from time to time at the request of the Authority cause a study of the sufficiency of the LGA’s rates for that purpose to be done by an independent expert acceptable to the OWDA; (b) the LGA will furnish to the OWDA annually reports of the operation and income of the System and also an annual report of the accounts and operations of the System and such other documents as the OWDA may reasonably request in order to respond to requests for documentation from rating agencies or providers or potential providers of credit enhancement for debt obligations of the OWDA, and the LGA will permit the authorized agent of the OWDA to inspect all records, accounts and data of the System at all reasonable times; and (c) that the LGA will segregate the revenues, funds and properties of the System from all other funds and properties of the LGA. All of the obligations under this

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Section are hereby established as duties specifically enjoined by law and resulting from an office, trust or station upon the LGA within the meaning of Section 2731.01 of the Ohio Revised Code.

Section 4.4. If the LGA pays all or any portion of the Semiannual Payment Obligation from Special Assessment Funds and if any payor of the Special Assessment Funds elects to pay the special assessments in a one-time, lump-sum payment in lieu of having the special assessments certified to the appropriate county auditor for periodic collection, then the LGA may elect to apply the amount of such payment to a reduction of the Original Loan Amount by including that amount with its next payment of the Semiannual Payment Obligation pursuant to Section 4.1 hereof, accompanied by a written notice to the Authority identifying the amount so included and directing the Authority so to apply that amount. Upon the receipt of such payment and notice, the Authority shall recompute the remaining payments of the Semiannual Payment Obligation based on the reduced Original Loan Amount and shall notify the LGA in writing of the reduced amount of the remaining payments.

Section 4.5. In order to enable the OWDA to comply with the requirements of federal securities laws (including, without limitation, Rule 10b-5 and Rule 15c2-12 (“Rule 15c2-12”) each promulgated by the Securities and Exchange Commission (the “SEC”) under the Securities Exchange Act of 1934, as amended), the LGA agrees to prepare and file with the OWDA or, at the direction of the OWDA, to file with the Municipal Securities Rulemaking Board (“MSRB”) through the EMMA System (as defined below), any annual financial information or material events disclosures that the OWDA may determine it requires to achieve such compliance. The LGA consents to the OWDA’s incorporation by reference into OWDA official statements or other OWDA filings with the MSRB of any official statements or portions thereof, financial statements, or other documents that the LGA may have filed or may file with the MSRB. In the event the LGA fails to prepare any financial statement or other financial information that this Section requires the LGA to prepare and file with or at the direction of the OWDA, then the OWDA shall have the right (in addition to any other rights it may have to enforce the obligations of the LGA hereunder) to inspect all records, accounts and data of the System and cause the preparation of the required financial statement or information and to employ such professionals as it may reasonably require for that purpose, and to be reimbursed from any available Pledged Revenues for the costs of its doing so. This Section shall not be construed to limit the generality of Section 4.3 hereof. For purposes of this Section 4.7, “EMMA System” shall mean the Electronic Municipal Market Access system of the MSRB for use in the collection and dissemination of information, which system the SEC has stated to be consistent with its Rule 15c2-12. Currently, the website address for EMMA is emma.msrb.org. The LGA acknowledges that the OWDA is not responsible for any of the LGA’s required filings under Rule 15c2-12 related to other indebtedness of the LGA, including, but not limited to, as to whether this Agreement is considered a “Financial Obligation” under Rule 15c2-12.

ARTICLE V - MAINTENANCE, OPERATION, INSURANCE AND CONDEMNATION

Section 5.1. The LGA agrees that during the Contract Period of Years that: (a) it will, subject to its right to contest in good faith the issue of non-compliance, operate the Project

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Facilities and the System, or cause them to be operated, in compliance with all applicable federal, state and local environmental laws and regulations in effect during such period, and (b) it will, subject to its right to discontinue use or operation of the Project Facilities or the System or any part thereof in accordance with this Agreement, keep the Project Facilities and the System, including all appurtenances thereto and the equipment and machinery therein, or cause them to be kept, in good repair and good operating condition so that the completed Project Facilities and System will continue to operate with substantially the same efficiency as when first constructed.

The LGA shall have the privilege of making additions, modifications and improvements to, making deletions from and discontinuing the use or operation of all or any part of, the Project Site, the Project Facilities, and the System from time to time; provided, that the cost of any additions, modifications and improvements shall be paid by the LGA, and the same shall be the property of the LGA and be included under the terms of this Agreement as part of the Project Site or the Project Facilities, as the case may be, and the System; and provided further that the LGA shall make no modification to, make any deletion from or discontinue the use or operation of all or any part of, the Project Site, the Project Facilities, or the System, the result of which would be a material decrease in the Pledged Revenues without first obtaining the written consent of the OWDA thereto.

Section 5.2. The LGA agrees that it will commence, or will cause to be commenced, operation of the Project Facilities immediately upon the completion of the construction thereof and the receipt of any governmental approvals required for the commencement of their operation, and will not discontinue operation of the Project Facilities or any other part of the System without meeting all conditions to and requirements for such discontinuance imposed by law and this Agreement. The LGA agrees that it will provide adequate operation and maintenance of the Project Facilities and the System to comply with all applicable water quality standards established for the river basin served by the Project Facilities and with all applicable rules and regulations of the Director of Environmental Protection of Ohio. The LGA agrees that sufficient qualified operating personnel will be retained by the LGA to operate the Project Facilities and the System, or will be required to be obtained by any independent contractor engaged by the LGA to operate the Project Facilities and the System or any portion thereof, and that all operational tests and measurements necessary to determine compliance with the preceding sentence will be performed to insure proper and efficient operation and maintenance of the Project Facilities and each other part of the System until the end of the Contract Period of Years or the discontinuance of the operation of the Project Facilities or of such other part of the System in accordance with Section 5.1 and this Section 5.2.

The LGA will permit the OWDA and its agents to have access to the records of the LGA pertaining to the operation and maintenance of the Project Facilities and the System at any reasonable time.

Section 5.3. The LGA agrees to insure, or cause to be insured, the Project Facilities and the System in such amounts as similar properties are usually insured by political subdivisions similarly situated, against loss or damage of the kinds usually insured against by political subdivisions similarly situated, by means of policies issued by reputable insurance companies duly qualified to do such business in the State of Ohio.

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Section 5.4. Any insurance policy issued pursuant to Section 5.3 hereof shall be so written or endorsed as to make losses, if any, payable to the OWDA and the LGA as their respective interests may appear. Each insurance policy provided for in Sections 5.3 and 5.6 hereof shall contain a provision to the effect that the insurance company shall not cancel the same without first giving written notice thereof to the OWDA and the LGA at least ten (10) days in advance of such cancellation.

Section 5.5. The net proceeds of the insurance carried pursuant to the provisions of Sections 5.3 and 5.6 hereof shall be applied as follows: (i) the net proceeds of the insurance required in Section 5.3 hereof shall be applied as provided in Section 5.9 hereof, and (ii) the net proceeds of the insurance required in Section 5.6 hereof shall be applied toward extinguishment or satisfaction of the liability with respect to which such insurance proceeds may be paid.

Section 5.6. The LGA agrees that it will carry, or will cause to be carried, public liability insurance with reference to the Project Facilities with one or more reputable insurance companies duly qualified to do business in the State of Ohio, in minimum amounts of $500,000 for the death of or personal injury to one person and $1,000,000 for personal injury or death for each occurrence in connection with the Project Facilities and $500,000 for property damage for any occurrence in connection with the Project Facilities. The OWDA shall be made an additional insured under such policies.

Section 5.7. Throughout the Contract Period of Years, the LGA shall maintain Workers’ Compensation Coverage or cause the same to be maintained in accordance with state law.

Section 5.8. In the event the LGA shall fail to maintain, or cause to be maintained, the full insurance coverage required by this Agreement or shall fail to keep, or cause to be kept, the Project Facilities in good repair and operating condition, or shall fail to operate, or cause to be operated, the Project Facilities in accordance with Section 5.2 hereof, the OWDA may (but shall be under no obligation to) take out the required policies of insurance and pay the premiums on the same or may make such repairs or replacements as are necessary or may hire the necessary operating personnel to insure compliance with Section 5.2 and provide for payment thereof; and all amounts so advanced therefor by the OWDA shall become an additional obligation of the LGA to the OWDA which amounts, together with interest thereon at the Contract Interest Rate or at the rate of eight per centum (8%) per annum, whichever is greater, from the date thereof, the LGA agrees to pay.

Section 5.9. If prior to the completion of the Contract Period of Years the Project Facilities shall be damaged or partially or totally destroyed by fire, flood, windstorm or other casualty, there shall be no abatement or reduction in the amounts payable by the LGA pursuant to Section 4.1 hereof, and the LGA will (i) promptly repair, rebuild or restore the property damaged or destroyed, and (ii) apply for such purpose so much as may be necessary of any net proceeds of insurance policies resulting from claims for such losses as well as any additional moneys of the LGA necessary therefor. All net proceeds of insurance resulting from claims for such losses shall be paid to the LGA.

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Section 5.10. In the event that title to or the temporary use of the Project Site the Project Facilities, or the System, or any part thereof, shall be taken under the exercise of the power of eminent domain by any governmental body or by any person, firm or corporation acting under governmental authority, there shall be no abatement or reduction in the amounts payable by the LGA pursuant to Section 4.1 hereof, and any net proceeds received from any award made in such eminent domain proceedings shall be paid to and held by the LGA in a separate condemnation award account and shall be applied by the LGA in either or both the following ways as shall be determined by the LGA:

(a) The restoration of the facilities of the System to substantially the same condition as they existed prior to the exercise of said power of eminent domain, or

(b) The acquisition of additional real estate, if necessary, and facilities, by construction or otherwise, equivalent that, when added to the remaining real estate and facilities of the System, will cause the System to be substantially the equivalent of the System as it existed prior to the exercise of said power of eminent domain, which real estate and facilities shall be deemed a part of the Project Site or the Project Facilities, as the case may be, and the System, without the payment of any amounts other than herein provided, to the same extent as if such real estate and facilities were specifically described herein.

Any balance of the net proceeds of the award in such eminent domain proceedings shall be paid to the LGA upon delivery to the OWDA of a certificate signed by an authorized officer of the LGA that the LGA has complied with either paragraph (a) or (b), or both, of this Section. The OWDA shall cooperate fully with the LGA in the handling and conduct of any prospective or pending condemnation proceedings with respect to the Project Site, the Project Facilities, the System, or any part thereof. In no event will the LGA voluntarily settle or consent to the settlement of any prospective or pending condemnation proceedings with respect to the Project Site, the Project Facilities, the System or any part thereof without the written consent of the OWDA.

ARTICLE VI - REPRESENTATIONS AND AGREEMENTS OF THE LGA IN REGARD TO ENVIRONMENTAL MATTERS;

EVENTS OF DEFAULT AND REMEDIES THEREFOR; INDEMNIFICATION

Section 6.1. The LGA hereby represents that:

(a) It is, and the LGA hereby covenants that it shall remain, in compliance with all applicable federal, state and local environmental laws and regulations applicable to the System during the Contract Period of Years, subject to its right to contest in good faith the issue of non-compliance;

(b) There is no litigation or administrative action or proceeding pending or, to the best of its knowledge, threatened against the LGA, alleging a violation of any federal, state or local environmental law or regulation applicable to the System except as set forth in the attached;

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(c) No judgment or consent order has been rendered against it, nor is it a party to any agreement, which consent order, judgment or agreement imposes, will impose or has imposed any fines or monetary penalties for the violation of any federal, state or local environmental law or regulation applicable to the System that have not been paid in full except as set forth in the attached; and

Section 6.2. The LGA agrees that each of the following shall be an event of default (“Event of Default”) under this Agreement:

(a) The LGA shall fail to make any payment to the OWDA required pursuant to this Agreement when the same is due and payable, including, without limitation, any amount due and payable pursuant to Article IV hereof; or

(b) The LGA shall fail to observe and perform any other obligations, agreements or provisions herein, which failure shall continue for thirty (30) days after receipt of written notice thereof from the OWDA; provided, however, that such failure shall not constitute an Event of Default under this Agreement if the LGA demonstrates both of the following to the satisfaction of the OWDA: i) cure of such failure cannot be effected within thirty (30) days; and ii) the LGA is taking all reasonably necessary actions to cure such failure with all deliberate speed.

(c) Any representations made by the LGA in Section 6.1. shall at any time during the Contract Period of Years prove to be false.

Section 6.3. Whenever an Event of Default shall have happened and be subsisting, the OWDA may exercise any and all rights and remedies for the enforcement of the obligations of the LGA hereunder. In addition to any other rights or remedies provided herein, by law or otherwise, the OWDA may:

(a) declare the full amount of the then unpaid Original Loan Amount to be immediately due and payable;

(b) to the extent permitted under any judgment, consent order or agreement affecting the LGA, require the LGA to agree to subordinate the payment of any fines or penalties imposed for the violation of any federal, state or local environmental law or regulation applicable to the System to the payment of the Original Loan Amount and the interest and any late charges due thereon, and the LGA hereby agrees to use its best efforts to effect such subordination.

Section 6.4. No right or remedy conferred upon the OWDA under Section 6.3 hereof is intended to be exclusive of any other right or remedy given herein, by law or otherwise. Each right or remedy shall be cumulative and shall be in addition to every other remedy given herein, by law or otherwise.

Section 6.5. The LGA releases the OWDA from, agrees that the OWDA shall not be liable for, and agrees, to the fullest extent permitted by law, to hold the OWDA, its officers, employees and agents harmless against, any loss or damage to property, or any loss or injury to or death of any person, or any other loss or damage, that may be occasioned by any cause whatsoever pertaining to the System, the Project Facilities, or the use thereof; provided that such

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indemnity under this Section shall not be effective for damages that result from negligent or intentional acts of the OWDA, its officers, employees and agents. The LGA further agrees, to the fullest extent permitted by law, to indemnify and hold harmless the OWDA and its officers, employees and agents against and from any and all cost, liability, expenses and claims arising from any breach or default on the part of the LGA in the performance of any covenant or agreement on the part of the LGA to be performed pursuant to the terms of this Agreement, arising from the acquisition, construction, installation, or improvement of the Project Facilities or arising from any act or negligence of or failure to act by the LGA, or any of its agents, contractors, servants, employees or licensees, or arising from any accident, injury or damage whatsoever caused to any person, firm, or corporation resulting from the Project Facilities or the System (other than any accident, injury, or damage that results from negligent or intentional acts of the OWDA, its officers, employees and agents), and from and against all cost, liability and expenses incurred in or in connection with any such claim or action, arbitration or proceeding brought thereon.

In case any action or proceeding be brought against the OWDA by reason of any claim described in this Section, the OWDA agrees to cause written notice of such action or proceeding to be given to the LGA, and the LGA upon notice from the OWDA covenants to resist or defend such action or proceedings at the LGA’s expense including all legal and other expenses (including reasonable attorneys’ fees).

Section 6.6 Each party agrees that the venue of any suit, action or proceedings relating to this Agreement will be the courts of the County of Franklin, Ohio or the Ohio Supreme Court, and each party irrevocably waives any objection that it may have to that venue and waives any right to trial by jury for any such suit, action or proceedings.

ARTICLE VII - PRIVATE BUSINESS USE RESTRICTIONS

Section 7.1. The LGA acknowledges that the OWDA may issue tax-exempt bonds to provide the funds to meet OWDA’s obligations with regard to funding the applicable program and that the maintenance of the tax-exempt status of any such bonds will depend, in part, on the LGA's compliance with the provisions of this Agreement. Accordingly, the LGA agrees as follows:

(a) That it shall take no action that would cause bonds issued by the OWDA, the proceeds of which could fund this Agreement (the "OWDA Bonds") to fail to qualify as tax-exempt bonds, nor omit to take any action necessary to maintain such status;

(b) That it shall take any action that the OWDA reasonably may request it to take to maintain the status of the OWDA Bonds as tax-exempt bonds;

(c) That, to assure that the OWDA Bonds will not be or become "private activity bonds" within the meaning of 26 U.S.C.A. Section 141 of the Internal Revenue Code of 1986, as amended:

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(i) The LGA shall not permit, at any time ten percent (10%) or more (in the aggregate) of that portion of the Project Facilities to be financed with funds borrowed from the OWDA hereunder (the "OWDA Funds") to be used by any person or persons for any private business use (as hereinafter defined) while at the same time the payment of principal of, or the interest on, the OWDA Funds is directly or indirectly (A) secured by any interest in (1) property used or to be used for a private business use or (2) payments made with respect to such property or (B) derived from (1) payments with respect to such property (whether or not made to the OWDA) or (2) borrowed money used or to be used for private business use.

(ii) No portion of the OWDA Funds will be used to make or finance loans to persons other than other governmental units.

For purposes of this Agreement, "private business use" means use (directly or indirectly) in a trade or business carried on by any person other than a governmental unit (as hereinafter defined). Use of any Project Facility or Project Site as a member of the general public will not be considered a private business use. Any activity carried on by a person other than a natural person shall be treated as a trade or business. Use by an organization which qualifies under 26 U.S.C.A. Section 501(c)(3) of the Internal Revenue Code of 1986, as it may be amended from time to time, shall be considered a private business use.

For purposes of this Agreement, "governmental unit" means a political subdivision within the United States, including any political subdivision within the State of Ohio, but does not mean the United States or any of its governmental branches, departments or agencies.

If there is any question about the application of the foregoing restrictions relating to private business uses or loans, the LGA agrees to immediately write the OWDA requesting assistance prior to entering into any agreement which may be prohibited as provided herein.

(iii) The LGA shall not re-loan, directly or indirectly, any portion of the amounts advanced to it under this Agreement to any person;

(d) That, to assure that the OWDA Bonds will not be or become "arbitrage bonds" within the meaning of 26 U.S.C.A. Section 148 of the Internal Revenue Code of 1986, as amended, the LGA, except upon the prior written consent of the OWDA, shall not create or permit to exist any fund pledged to, or expressly reserved exclusively for, the payment of amounts payable by the LGA hereunder.

Section 7.2. The OWDA shall not be required to, and shall not, consent to any action by the LGA referred to in Section 7.1 unless it first shall have received an opinion of nationally recognized bond counsel to the effect that the consummation of the transaction or

- 16 -

transactions contemplated by such action will not adversely affect the tax-exempt status of the OWDA bonds.

Section 7.3. If the LGA shall have any question about the application of Section 7.1., in the particular circumstances faced by it at any time during the term of this Agreement, it shall immediately inform the OWDA of the circumstances and request the OWDA's assistance to resolve any such questions, to the end that the tax-exempt status of the OWDA Bonds and of the OWDA's bonds would be preserved.

ARTICLE VIII - MISCELLANEOUS PROVISIONS

Section 8.1. Any invoice, accounting, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by regular, registered or certified mail, postage prepaid, or delivered personally, and

(i) in the case of the OWDA, is addressed to or delivered personally to the OWDA at:

The Ohio Water Development Authority 480 South High Street Columbus, OH 43215

and

(ii) in the case of the LGA, is addressed to or delivered personally to the LGA at the address listed on the Term Sheet as the “LGA Notice Address,” or at such other addresses with respect to either such party as that party may from time to time, designate in writing and forward to the other as provided in this Section.

Section 8.2. Any approval of the OWDA required by this Agreement shall not be unreasonably withheld and shall be deemed to have been given on the thirtieth day following the submission of the matter requiring approval to the Executive Director of the OWDA unless disapproved in writing prior to such thirtieth day. Any provision of the Agreement requiring the approval of the OWDA or the satisfaction or evidence of satisfaction of the OWDA, shall be interpreted as requiring action by the Executive Director of the OWDA granting, authorizing or expressing such approval or satisfaction, as the case may be, unless such provision expressly provides otherwise.

Section 8.3. Upon request of the OWDA, the LGA agrees to execute the information report required by Section 149 of the Internal Revenue Code of 1986, as it may be amended from time to time, with respect to this Agreement, such form to be completed by the OWDA on the basis of information provided by the LGA. The LGA hereby agrees that the OWDA may file such information report for and on behalf of the LGA with the Internal Revenue Service.

- 17 -

Section 8.4. This Agreement is made subject to, and conditional upon, the approval of this Agreement as to form by the General Counsel of the OWDA and upon the certification of availability of funds as provided in Section 3.8 hereof.

Section 8.5. This Agreement shall become effective as of the date first set forth hereinabove and shall continue in full force and effect until all obligations of the LGA under Section 4.1 hereof have been fully satisfied.

Section 8.6. This Agreement shall be binding upon and inure to the benefit of the parties hereto and to any person, office, board, department, agency, municipal corporation, or body politic and corporate succeeding by operation of law to the powers and duties of either of the parties hereto. This Agreement shall not he assigned by the LGA without the prior written consent of the OWDA. The OWDA, at its option, may assign this Agreement without the consent of the LGA. All references to the Environmental Protection Agency of the United States of America or to the Director of Environmental Protection of the State of Ohio or to any offices or divisions of either shall include any successors thereto.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first hereinabove written.

APPROVED AS TO FORM OHIO WATER DEVELOPMENT AUTHORITY

______________________________ By:___________________________ OWDA General Counsel OWDA Executive Director

APPROVED AS TO FORM LGA: _________________________

______________________________ By:___________________________ LGA Legal Officer or Counsel

By:___________________________

Exhibit A

PROJECT FACILITIES DESCRIPTION

Drainage improvements to separate storm from combined sewer including new basins, laterals, and limited storm sewer main. New basins and storm sewer will improve drainage. Lining of the sanitary sewer and limited new sanitary main. Lining of the sewer will rehab the line versus replacing it. New sanitary sewer main will allow the City to abandon an existing main that is not accessible for repairs. Installation of a new water main. Existing water main is old.

Exhibit B

CONSTRUCTION CONTRACT(S)

Schedule I

TERM SHEET

NOTE: The term sheet will be generated by OWDA after the loan is approved at the board meeting.




Subject: Well/Pump Cleaning and Rehabilitation


Department: Service/WTP Contact: Allen Jones, WTP Supt.

Prior Date of Prior Ordinance/Resolution: 17-199 Ordinance/Resolution: 8/15/2017

17-277 11/21/2017 18-078 3/13/2018 18-194 7/17/2018 18-274 10/23/2018 19-158 6/04/2019 19-265 10/08/2019 20-176 7/14/2020

Summary: It is respectfully requested that the City Commission authorize the City Manager to confirm and approve

Change Order #8 of the five (5) year contract with Moody's of Dayton Inc., 4359 Infirmary Rd., Miamisburg, OH 45342 for Well/Pump Cleaning and Rehabilitation. Change Order #8 is for needed repairs

to well #11 pump and motor in the amount of $10,148.00. The repairs include replacing the motor top thrust bearing, replacing the stuffing box, and replacing the bowl assembly. The new total cost for the

contract shall be $1,654,261.00.

Justification for Emergency Action: (use reverse side if needed) Emergency action is requested to pay the contractor for work performed in a timely manner and not

delay the well cleaning process, allowing for a more efficient operation of the Water Treatment Plant.

Department/Division_____Fund Description_________Account Number___________Actual Cost___ Service/WTP 620/Water Fund 230201-4020 $1,654,261.00

Total Cost: $1,654,261.00



Motion Contract

AN ORDINANCE NO.____________________ Confirming and approving Change Order No. 8 to the contract between the City and Moody’s of Dayton, Inc. for the Well/Pump Cleaning and Rehabilitation Project, to increase the contract in an amount not to exceed $10,148.00, for a total amount not to exceed $1,654,261.00; authorizing the City Manager to execute said Change Order No. 8; and declaring an emergency therein.

...oooOOOooo... WHEREAS, it is necessary that this Ordinance become effective immediately in order to avoid project delays, which creates an emergency to preserve the public peace, health, safety and property necessitating the immediate effectiveness of this Ordinance; NOW, THEREFORE: BE IT ORDAINED by the City Commission of The City of Springfield, Ohio, at least four of its members concurring: Section 1. That this Commission hereby confirms and approves Change Order No. 8 to the contract between the City and Moody’s of Dayton, Inc. for the Well/Pump Cleaning and Rehabilitation Project, to increase the contract in an amount not to exceed $10,148.00, for a total amount not to exceed $1,654,261.00. Section 2. That the City Manager is hereby directed and authorized to endorse upon Change Order No. 8, a copy of which is attached, his approval on behalf of the City. Section 3. That by reason of the emergency set forth and defined in the preamble hereto, this Ordinance shall take effect and be in force immediately.

PASSED this __________ day of ________________________, A.D., 2020.


NUMBER _______________ DATE

TYPE OF PROJECT:

CONTRACTOR:

The following changes are hereby made to the contract plans and specifications:

ITEMNO. DESCRIPTION OF CHANGE DECREASE INCREASE

The sum of $____________________ is hereby added to the total. Therefore, the adjusted

The time provided for completion in the contract is unchanged. This document shall become anamendment to the contract and all provisions of the contract will apply hereto.

ACCEPTED BY: ____________________________________________ _____________Contractor Date

RECOMMENDED BY: _______________________________________ _____________Service Director Date

APPROVED BY: ____________________________________________ _____________City Manager Date

CONTRACT CHANGE ORDER

Contract Cost

TOTAL INCREASE

TOTAL DECREASE

8 8-11-20

WELL/PUMP CLEANING REHABILITATION

MOODY'S OF DAYTON

1 WELL MOTOR TOP THRUST BEARING $ 2,285.002 DISCHARGED HEAD STUFFING BOX $ 984.003 14RHHC BOWL ASSEMBLY $ 6,879.00

$ 10,148.00

10,148.00

1,654,261.00




Subject: Contract Renewal for Trash Pick-Up


Department: Service Contact: Jeff Thomas, Facilities Supt

Prior Date of Prior Ordinance/Resolution: 16-243 Ordinance/Resolution: 08/30/2016 19-229 08/27/2019

Summary: It is respectfully requested that the City Commission authorize the City Manager to exercise the second

renewal option for the contract with Rumpke of Ohio, Inc for Trash Pick-up at various City facilities for an amount not to exceed $8,404.20 for contract year 2020/2021, expiring September 30, 2021. This

renewal represents a 5% increase over the original contract.


Emergency action has been requested for the renewal to avoid interruption of trash puck-up.

Department/Division_____Fund Description_________Account Number___________Actual Cost___ $8,404.20




Motion Contract

AN ORDINANCE NO._________________ Authorizing the exercise of the City's option to renew the contract with Rumpke of Ohio, Inc. for Trash Pick-Up at Various City Facilities, for an amount not to exceed $8,404.20; and declaring an emergency therein.

...oooOOOooo... WHEREAS, the City and Rumpke of Ohio, Inc. entered into a three-year contract dated September 13, 2016, for Trash Pick-Up at Various City Facilities; and WHEREAS, the September 13, 2016 contract provides the City with an option to renew the contract for two (2) additional one (1) year periods; and WHEREAS, this Commission finds it in the best interest of the City that said contract be renewed for the second renewal option for Trash Pick-Up at Various City Facilities, for a total amount not to exceed $8,404.20; and WHEREAS, it is necessary that this Ordinance become effective immediately in order to avoid an interruption in services, thereby providing for the usual daily operation of various City departments, which this Commission finds creates an emergency necessitating the immediate effectiveness of this Ordinance: NOW, THEREFORE: BE IT ORDAINED by the City Commission of The City of Springfield, Ohio, at least four of its members concurring: Section 1. That the City Commission hereby authorizes the exercise of the City's second option to renew the contract with Rumpke of Ohio, Inc. for Trash Pick-Up at Various City Facilities, for an amount not to exceed $8,404.20. Section 2. That by reason of the emergency set forth and defined in the preamble hereto, this Ordinance shall take effect and be in force immediately. PASSED this ________ day of ___________________________, A.D., 2020.





Subject: Contract Renewal for Trash Pick-Up


Department: Service Contact: Jeff Thomas, Facilities Supt

Prior Date of Prior Ordinance/Resolution: 16-242 Ordinance/Resolution: 8/30/2016 19-230 8/27/2019

Summary: It is respectfully requested that the City Commission authorize the City Manager to exercise the second

renewal option for the contract with Waste Management of Ohio, Inc for Trash Pick-up at various City facilities for an amount not to exceed $12,856.27 for contract year 2020/2021, expiring September 30,

2021. This renewal represents a 10% increase over the original contract.


Emergency action has been requested for the renewal to avoid interruption of trash puck-up.

Department/Division_____Fund Description_________Account Number___________Actual Cost___ $12,856.27




Motion Contract

AN ORDINANCE NO._________________ Authorizing the exercise of the City's option to renew the contract with Waste Management of Ohio, Inc. for Trash Pick-Up at Various City Facilities, for an amount not to exceed $12,856.27; and declaring an emergency therein.

...oooOOOooo... WHEREAS, the City and Waste Management of Ohio, Inc. entered into a three-year contract dated September 27, 2016, for Trash Pick-Up at Various City Facilities; and WHEREAS, the September 27, 2016 contract provides the City with an option to renew the contract for two (2) additional one (1) year periods; and WHEREAS, this Commission finds it in the best interest of the City that said contract be renewed for the second renewal option for Trash Pick-Up at Various City Facilities, for a total amount not to exceed $12,856.27; and WHEREAS, it is necessary that this Ordinance become effective immediately in order to expedite the start of construction, thereby providing for the usual daily operation of the Engineering Department, which this Commission finds creates an emergency necessitating the immediate effectiveness of this Ordinance: NOW, THEREFORE: BE IT ORDAINED by the City Commission of The City of Springfield, Ohio, at least four of its members concurring: Section 1. That the City Commission hereby authorizes the exercise of the City's second option to renew the contract with Waste Management of Ohio, Inc. for Trash Pick-Up at Various City Facilities, for an amount not to exceed $12,856.27. Section 2. That by reason of the emergency set forth and defined in the preamble hereto, this Ordinance shall take effect and be in force immediately. PASSED this ________ day of ___________________________, A.D., 2020.





Subject: Change Order No. 1 with A & B Asphalt Corporation for Ramp Repair at Spectra Jet

Submitted By: Kurt Tyson, Construction Superintendent



Summary: Work is finished on this project. In order to compensate the contractor for additional quantities and

change in binder material, a contract change order must be authorized by City Commission.

Justification for Emergency Action: (use reverse side if needed) In order to compensate the contractor for these changes to the project, it is the recommendation of this office that City Commission confirm and approve and authorize the City Manager to execute this change

order in the amount of $6,370.00 by emergency ordinance at their August 25th meeting.


Service / ED Fund 259 020263-6050 (9002) $ 6,370.00




Motion Contract

AN ORDINANCE NO.____________________ Confirming and approving Change Order No. 1 to the Emergency Construction Contract between the City and A & B Asphalt Corporation for the ramp repair at Spectra Jet at the Springfield Beckley Municipal Airport, to increase the contract in an amount not to exceed $6,370.00, for a total amount not to exceed $92,878.26; authorizing the City Manager to execute said Change Order No. 1; and declaring an emergency therein.

...oooOOOooo... WHEREAS, it is necessary that this Ordinance become effective immediately in order to compensate A & B Asphalt Corporation for work previously completed, which creates an emergency to preserve the public peace, health, safety and property necessitating the immediate effectiveness of this Ordinance; NOW, THEREFORE: BE IT ORDAINED by the City Commission of The City of Springfield, Ohio, at least four of its members concurring: Section 1. That this Commission hereby confirms and approves Change Order No. 1 to the Emergency Construction Contract between the City and A & B Asphalt Corporation for the ramp repair at Spectra Jet at the Springfield Beckley Municipal Airport, to increase the contract in an amount not to exceed $6,370.00, for a total amount not to exceed $92,878.26. Section 2. That the City Manager is hereby directed and authorized to endorse upon Change Order No. 1, a copy of which is attached, his approval on behalf of the City. Section 3. That by reason of the emergency set forth and defined in the preamble hereto, this Ordinance shall take effect and be in force immediately.

PASSED this __________ day of ________________________, A.D., 2020.


Page 1 of 1

NUMBER 1 DATE August 18, 2020


ITEMNO. DESCRIPTION OF CHANGE DECREASE INCREASE20 2" P401 Gradation 2 (PG 70-22M)

22 TON @ $124.0 $2,728.0040 Binder Adjustment from PG70-22M to 76-22M

607 TON @ $6.00 $3,642.00$6,370.00

$0.00

The sum of $6,370.00 is hereby added to, deducted from the total. Therefore, the adjusted contractprice to date is $92,878.26.



RECOMMENDED BY: _______________________________________ _____________Construction Superintendent Date



Contract Cost

TOTAL INCREASETOTAL DECREASE

TYPE OF PROJECT: Ramp Repair at Spectra Jet

CONTRACTOR: A & B Asphalt Corporation, 1780 Enon Road, Springfield, OH 45502




Subject: Change Order No. 2 with J & J Schlaegel, Inc., for CLA – N Belmont Ave Recon, Phase 2

PID 94814 REBID




20-155 6/16/20

Summary: As work continues on this project, an additional amount has been agreed upon for lateral repairs caused

by construction activities. In addition, changes in quantities have occurred due to property owner

redevelopment resulting in the regrading of sidewalk area.

Justification for Emergency Action: (use reverse side if needed) In order to compensate the contractor for these changes to the project, it is the recommendation of this

office that City Commission confirm and approve and authorize the City Manager to execute this change

order in the amount of $20,668.81 by emergency ordinance at their August 25th meeting.


Service / Engineering ODOT $ 10,548.85

Service / Engineering OPWC $ 2,637.21

Service / Engineering Water 221127-6050 (718) $ 3,582.75

Service / Engineering Sewer 331207-6050 (718) $ 3,900.00

Total Cost: $ 20,668.81



Motion Contract

AN ORDINANCE NO.____________________ Confirming and approving Change Order No. 2 to the contract between the City and J & J Schlaegel, Inc. for the CLA Belmont Avenue Reconstruction Phase 2 Project, PID No. 94814, Rebid, to increase the contract in an amount not to exceed $20,668.81, for a total amount not to exceed $2,658,450.18; and authorizing the City Manager to execute said Change Order No. 2; and declaring an emergency therein.

...oooOOOooo...

WHEREAS, it is necessary that this Ordinance become effective immediately in order to compensate J & J Schlaegel, Inc. for work previously completed, which creates an emergency to preserve the public peace, health, safety and property necessitating the immediate effectiveness of this Ordinance; NOW, THEREFORE: BE IT ORDAINED by the City Commission of The City of Springfield, Ohio, at least four of its members concurring: Section 1. That this Commission hereby confirms and approves Change Order No. 2 to the contract between the City and J & J Schlaegel, Inc. for the CLA Belmont Avenue Reconstruction Phase 2 Project, PID No. 94814, Rebid, to increase the contract in an amount not to exceed $20,668.81, for a total amount not to exceed $2,658,450.18. Section 2. That the City Manager is hereby directed and authorized to endorse upon Change Order No. 2, a copy of which is attached, his approval on behalf of the City. Section 3. That by reason of the emergency set forth and defined in the preamble hereto, this Ordinance shall take effect and be in force immediately. PASSED this __________ day of ________________________, A.D., 2020.

__________________________________ PRESIDENT OF THE CITY COMMISSION

__________________________________ CLERK OF THE CITY COMMISSION

Page 1 of 2

NUMBER (2) Two DATE August 18, 2020


ITEMNO. DESCRIPTION OF CHANGE DECREASE INCREASE

NOTE ATTACHED SHEETS

$20,668.81$0.00

The sum of $20,668.81 is hereby added to, deducted from the total. Therefore, the adjusted contractprice to date is $2,658,450.18.



RECOMMENDED BY: _______________________________________ _____________Construction Superintendent Date


TOTAL DECREASE


CONTRACTOR: J & J Schlaegel, Inc., 1250 E US Hwy 36, Urbana, OH 43078

Contract Cost

TOTAL INCREASE

TYPE OF PROJECT: CLA - N. Belmont Ave. Recon, Phase 2, PID 94814 REBID

Page 2 of 2

ITEMNO. DESCRIPTION OF CHANGE DECREASE INCREASE608 Concrete Steps, Type A

0.50 FT @ $992.60 $496.30803 15" Conduit, Type B

41 FT @ $82.00 $3,362.00803 24" Conduit, Type B

11 FT @ $135.00 $1,485.00609 Curb, Type 7

138.5 FT @ $38.50 $5,332.25SPEC Extra work incurred due to waterline locations discovered in the field

1 LS @ $3,582.75 $3,582.75SPEC Sewer Lateral repairs due to Construction Activities

1 LS @ $3,900.00 $3,900.00

SPECExtra cost to regrade sidewalk in area of property owner redevelopment1 LS @ $2,510.51 $2,510.51

$20,668.81$0.00TOTAL DECREASE


CLA - N Belmont Ave Recon, Phase 2-PID 94814 REBID

TOTAL INCREASE

Contract Cost


Item Number:___205-18_


Subject: Ohio Edison Additional Work on Street Lights for Broadway Reconstruction Project




Summary: Ohio Edison will be providing additional work for 15 street lights on the Broadway Reconstruction Project

for addresses involving 2201-2245.

Ohio Edison will remove existing wire for 15 - 16’ posts, provide small round hand holes for the 15

locations, provide 1,900’ of 10-2 wire to be pulled by Ohio Edison, provide and install fuse holders and fuses in all handholes in secondary rebuild area of Broadway, provide one large handhole to replace

damaged one at Ave B and Broadway intersection, make the connections and set two 16’ FG posts that

were moved by the contractor for drain placement (one at Ave A and Broadway, the other at Ave B and Broadway – posts are currently onsite laying on the ground.) Cost for this work is $27,204.34.

This work coincides with PO 200593 in the amount of $57,751.18, bringing the total cost for the Ohio

Edison work to $84,955.52.


This authorization should be granted as an emergency so that Ohio Edison can get started on the work and not delay the General Contractor.

Department/Division_____Fund Description_________Account Number___________Actual Cost___ Service / Engineering PI 140012-6050 (4740) $ 27,204.34

Total Cost: $ 27,204.34



Motion Contract

AN ORDINANCE NO._________________ Authorizing the increase of a purchase order in an amount not to exceed $27,204.34, for a total cost not to exceed $84,955.52, for additional work for 15 street lights on the Broadway Street Reconstruction Project by Ohio Edison; and declaring an emergency therein.

...oooOOOooo... WHEREAS, this Commission authorized the issuance of a purchase order to Ohio Edison for work on street lights relating to the Broadway Street Reconstruction Project in Ordinance No. 20-24; and WHEREAS, it is necessary that this Ordinance become effective immediately in order to avoid creating a delay with the project, which creates an emergency to preserve the public peace, health, safety and property necessitating the immediate effectiveness of this Ordinance; NOW, THEREFORE:

BE IT ORDAINED by the City Commission of The City of Springfield, Ohio at least four of its members concurring: Section 1. That the increase of a purchase order in an amount not to exceed $27,204.34, for a total cost not to exceed $84,955.52, is hereby authorized for additional work for 15 street lights on the Broadway Street Reconstruction Project by Ohio Edison. Section 2. That by reason of the emergency set forth and defined in the preamble hereto, this Ordinance shall take effect and be in force immediately. PASSED this __________day of _________________________, A.D., 2020. __________________________________ PRESIDENT OF THE CITY COMMISSION __________________________________ CLERK OF THE CITY COMMISSION




Subject: Purchase (4) Light Transit Narrow Body Vehicles (LTNs)


Department: Springfield City Area Transit Contact: Nikki Weber x7382


Summary: It is respectfully requested that the City Commission authorize the purchase of (4) Light Transit Narrow

Body Vehicles (LTNs) from TESCO, 6401 Seamon Rd., Oregon, OH 43616 for a total amount of $338,088.00. This purchase is being made through ODOT contract #248-20.

Justification for Emergency Action: (use reverse side if needed) Emergency action necessary to expedite the purchase of the vehicles, as existing vehicles met their

useful life in 2011 and 2014.

Department/Division_____Fund Description_________Account Number___________Actual Cost___ SCAT 5339 Bus & Facilities Grant 633439-6030 $338,088.00

Total Cost: $338,088.00



Motion Contract

AN ORDINANCE NO. ________________________ Authorizing the purchase of four Light Transit Narrow Body Vehicles for an amount not to exceed $338,088.00, from TESCO, through the Ohio Department of Transportation Cooperative Purchasing Program in accordance with the provisions of Section 5513.01(B) of the Ohio Revised Code; and declaring an emergency therein.

...oooOOOooo... WHEREAS, pursuant to Ordinance No. 17-141, the City has opted to secure to itself the benefits of the Ohio Department of Transportation Cooperative Purchasing Program pursuant to Section 5513.01(B) of the Ohio Revised Code; and WHEREAS, the City wishes to purchase four Light Transit Narrow Body Vehicles through the Ohio Department of Transportation Cooperative Purchasing Program, Contract #DOT 248-20;

WHEREAS, it is necessary that this Ordinance become effective immediately in order to expedite the purchase of the vehicles, which creates an emergency to preserve the public peace, health, safety and property necessitating the immediate effectiveness of this Ordinance; NOW, THEREFORE: BE IT ORDAINED by the City Commission of The City of Springfield, Ohio, at least four of its members concurring: Section 1. That the Director of Finance is hereby authorized to purchase four Light Transit Narrow Body Vehicles for an amount not to exceed $338,088.00 from TESCO, 6401 Seamon Road, Oregon, Ohio 43616, through the Ohio Department of Transportation Cooperative Purchasing Program, Contract #DOT 248-20, in accordance with the provisions of Section 5513.01(B) of the Ohio Revised Code. Section 2. That by reason of the emergency set forth and defined in the preamble hereto, this Ordinance shall take effect and be in force immediately. PASSED this __________ day of _________________________, A.D., 2020.
