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September 10 - Delaware County, Ohio

1. In the USA OEM Products and EPM Analog Products Distance From EMP Service City Within Agreement Hours Zone 0 to 50 Miles Next Business Day Zone 2 51 to 100 Miles Next Business Day Zone 3 Over 100 miles Next Business Day 12 uplift for non Kodak or Non_EPM Branded products only Over 200 Miles Contact EPM EPM will use its best commercial efforts to meet its response time objectives provided however EPM is not liable for any failure to do so 4 7 Advanced Unit Replacement AUR Support if applicable If EPM determines a Product is not operating consistently within manufacturer s specifications EPM will provide next day AUR subject to availability of courier service The replacement Product will perform at the minimum specifications of the current Product but may not be the exact make and model When AUR support is necessary EPM will ship the replacement unit to Customer s location transportation prepaid Upon delivery of a replacement unit Customer must place the malfunctioning unit in the shipping case apply the enclosed labels and call the carrier for pickup within 5 business days after receiving the AUR EPM will pay the return transportation charges If the Customer has not returned the malfunctioning unit within 10 business days Customer will be invoiced the list price of the unit and becomes responsible for such charge 4 8 Depot Service if applicable If EPM determines the Product is not operating cons
2. The SUBDIVIDER shall have a competent representative who is familiar with the project on site during construction The representative shall be capable of reading the plans and specifications and shall have authority to execute the plans and specifications and alterations required by the COUNTY The representative shall be replaced by the SUBDIVIDER when in the opinion of the COUNTY the representative s performance is deemed inadequate The SUBDIVIDER further agrees that any violations of or noncompliance with any of the provisions and stipulations of this AGREEMENT shall constitute a breach of contract and the COUNTY shall have the right to stop work forthwith and act against the performance surety for the purpose of proper completion of the public improvements within this Subdivision Should the SUBDIVIDER become unable to carry out the provisions of this AGREEMENT the SUBDIVIDER S heirs successors or assigns shall complete and comply with all applicable terms conditions provisions and requirements of this AGREEMENT SANITARY SEWER CONSTRUCTION It is further agreed that upon execution of this AGREEMENT the SUBDIVIDER shall pay the DELAWARE COUNTY SANITARY ENGINEER three and one half percent 342 of the estimated construction cost of the IMPROVEMENTS for plan review 1 884 18 The SUBDIVIDER shall also deposit with the DELAWARE COUNTY SANITARY ENGINEER the sum of 4 575 00 estimated to be necessary to pay the cost of inspection by th
3. and Whereas the County Engineer recommends approval of the Contract between the Delaware County Commissioners and Complete General Construction Company for the DEL CR 10 02 37 Signal Installation at Intersection of S Old State Road and Gladshire Wilshire Roads CONTRACT THIS AGREEMENT is made this 10 day of September 2012 by and between Complete General Construction Company 1221 E Fifth Avenue Columbus Ohio 43219 hereinafter called the Contractor and the Delaware County Commissioners hereinafter called the Owner The Contractor and the Owner for the considerations stated herein mutually agree as follows ARTICLE 1 Statement of Work The Contractor shall furnish all supervision technical personnel labor materials machinery tools equipment and services including utility and transportation services and perform and complete all work required for the construction of the improvements embraced in the project named Del CR 10 02 37 Signal Installation at Intersection of S Old State Road and Gladshire Wilshire Roads and required supplemental work for the project all in strict accordance with the Contract Documents ARTICLE 2 The Contract Price The Owner will pay the Contractor for the total quantities of work performed at the unit prices stipulated in the Bid for the respective items of work completed for the sum not to exceed Two Hundred Thirty Eight Thousand Nine Hundred Five Dollars and Fifty Cents 238 905 5
4. Assist management in scheduling and monitoring new equipment installations Maintains inventory of computers and electrical control equipment Evaluates new equipment and technologies Maintains manuals and electronic logs and records Installs maintains alters and repairs electrical equipment throughout the sewer district Responds to alarms and takes corrective actions Performs maintenance on supervisory control and data acquisition systems including network cabling termination and testing of computer problems for all sewer district operations Performs or assists in mechanical repairs Makes equipment adjustments and repairs to maintain operations within predetermined limits Dismantles equipment to gain access to and repair defective parts Reassembles properly after repairs are made Troubleshoots and maintains motor control systems PAGE 629 COMMISSIONERS JOURNAL NO 57 DELAWARE COUNTY MINUTES FROM REGULAR MEETING HELD SEPTEMBER 10 2012 Restores power to lift stations during electrical outages with portable generators Restarts equipment after an electrical outage Maintains electrical components of sewage lift stations Switches electrical feeds to operational units such as pumps electrical feeders and drives Takes readings from charts and meters Calibrates electrical devices Performs tasks in proximity to electrical mechanical chemical biological and physical hazards Overtime may
5. MINUTES FROM REGULAR MEETING HELD SEPTEMBER 10 2012 RESOLUTION NO 12 898 IN THE MATTER OF CANCELING THE THURSDAY SEPTEMBER 20 2012 COMMISSIONERS SESSION It was moved by Mr Thompson seconded by Mr Stapleton to cancel the Thursday September 20 2012 Commissioners session Vote on Motion Mr Thompson Aye Mr O Brien Aye Mr Stapleton Aye RESOLUTION NO 12 899 IN THE MATTER OF ACKNOWLEDGING RECEIPT OF ANNEXATION PETITION FROM AGENT FOR THE PETITIONER JILL STEMEN TANGEMAN ESQ REQUESTING ANNEXATION OF 7 181 ACRES OF LAND IN ORANGE TOWNSHIP TO THE CITY OF COLUMBUS It was moved by Mr Thompson seconded by Mr Stapleton to acknowledge that on September 5 2012 the Clerk to the Board of Commissioners received an annexation petition request to annex 7 181 acres from Orange Township to the City of Columbus Vote on Motion Mr Stapleton Aye Mr O Brien Aye Mr Thompson Aye RESOLUTION NO 12 900 IN THE MATTER OF APPROVING THE PLAT OF SUBDIVISION FOR SHEFFIELD PARK SECTION 3 PHASE B PART 2 It was moved by Mr Thompson seconded by Mr Stapleton to approve the following Whereas M I Homes of Central Ohio LLC has submitted the Plat of Subdivision Plat for Sheffield Park Section 3 Phase B Part 2 including related development plans Plans and requests approval thereof by the Board of Commissioners of Delaware County and Whereas the Genoa Township Zoning Officer has reviewed said Plat and Plans for conform
6. Ohio 7 5 Headings The subject headings of the Sections and Subsections in this MOU are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions This MOU shall be deemed to have been drafted by both parties and no purposes of interpretation shall be made to the contrary 7 6 Waivers No waiver of breach of any provision of this MOU shall in any way constitute a waiver of any prior concurrent subsequent or future breach of this MOU or any other provision hereof No term or provision of this MOU shall be deemed waived and no breach excused unless such a waiver or consent is expressly made in writing and signed by the party claimed to have waived or consented Such waiver shall not constitute and shall not in any way be interpreted as a waiver of any other term or provision or future breach unless said waiver expressly states an intention to waive another specific term or provision or future breach 77 Severability If any item condition portion or section of this MOU or the application thereof to any person premises or circumstance shall to any extent be held to be invalid or unenforceable the remainder hereof and the application of such term condition provision or section to persons premises or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby and this MOU and all the terms conditions provisions or sectio
7. inaccurate or incomplete information Errors may cause minor to gross pollution of the receiving stream resulting in possible human health concerns ecological damage and fines I PHYSICAL EFFORT Physical Requirements Individual performs heavy work which may require the lifting of up to one hundred 100 pounds Individual must be able to climb to and work effectively at heights in excess of 100 feet Physical Activity The physical activity of the position is manual dexterity talking hearing reaching climbing balancing stooping crouching crawling standing pushing pulling lifting grasping feeling and walking Visual Activity Individual performs work where the seeing job is close to the eyes and at or within arm s reach and also at varying distances PAGE 634 COMMISSIONERS JOURNAL NO 57 DELAWARE COUNTY MINUTES FROM REGULAR MEETING HELD SEPTEMBER 10 2012 IV WORKING CONDITIONS Job Location Individual works both inside and outside and is exposed to temperatures below 32 degrees and above 100 degrees for periods of more than one hour Individual is exposed to noise vibration oil chemicals and physical hazards Individual may be exposed to atmospheric conditions such as fumes odors dusts mists gases or poor ventilation Individual must be able to climb to and work effectively at heights in excess of 100 feet V PERSONAL WORK RELATIONSHIPS Individual has contact with co workers employees in
8. 5 Liability and Warranties To the fullest extent permitted by law neither party shall be liable to the other for any incidental indirect or consequential damages arising out of or connected in any way to this MOU This mutual waiver shall include but not be limited to loss of profit loss of business or income or any other consequential damages that either party may have incurred from any cause of action whatsoever Notwithstanding any other provision to the contrary and to the fullest extent permitted by law RPR shall indemnify and hold free and harmless Delaware County and its elected officials and employees from any and all damages injury costs expenses judgments or decrees or any other liabilities that they may incur as a result of bodily injury sickness disease or death or injury to or destruction of tangible property including the loss of use resulting there from to the proportionate extent caused by any negligent acts errors or omissions of RPR its employees and agents or any other person for whose acts any of them may be liable Section 6 Termination Either party may terminate this MOU by providing written notice thirty 30 days prior to the effective date of the termination The County is not liable for payment for work performed after the date of termination Section 7 Miscellaneous Terms amp Conditions 7 1 Prohibited Interests RPR agrees that no agent officer or employee of Delaware County during his her
9. AND PROSTAR REPLENISHMENT SYSTEM FOR THE DELAWARE COUNTY RECORDS CENTER It was moved by Mr Thompson seconded by Mr Stapleton to approve the following Whereas the Director of Administrative Services and Record Center Manager recommend approval of a maintenance service contract between The Delaware County Board Commissioners and Eastman Park Micrographics Inc for the Prostar II Processor And Prostar Replenishment System for the Delaware County Records Center Now Therefore Be It Resolved that the Delaware County Board of Commissioners approves the maintenance service contract between The Delaware County Board of Commissioners and Eastman Park Micrographics Inc For the Prostar II Processor And Prostar Replenishment System for the Delaware County Records Center EASTMAN PARK MICROGRAPHICS INC Document Imaging Products Standard Maintenance Services Terms and Conditions Eastman Park Micrographics EPM and you the customer Customer enter into these Standard Maintenance Service Terms and Conditions Agreement the Agreement and agree that the terms and conditions of this Agreement will apply to the provision of services by EPM for the products defined below located in the United States Hawaii and Alaska a ten percent 10 premium applies in Alaska Generally the mainframe and all components of a Product as defined herein that are mechanically electronically or remotely interconnected must be inspected tested and adjus
10. Code national origin or ancestry shall discriminate against any citizen of this state in the employment of a person qualified and available to perform the work to which the Agreement relates Contractor further certifies that neither it nor any subcontractor or person acting on behalf of it or any subcontractor in any manner shall discriminate against intimidate or retaliate against any employee hired for the performance of work under this Agreement on account of race color religion sex age disability as defined in section 4112 01 of the Revised Code national origin or ancestry Contractor certifies that it has a written affirmative action program for employment and effectively utilizes economically disadvantaged persons as referred to in division E 1 of section 122 71 of the Revised Code Contractor certifies that it complies with all applicable laws regarding Non Discrimination Equal Opportunity and will not discriminate Independent Contractor The Parties acknowledge and agree that Contractor is acting as an independent contractor and that no agency partnership joint venture or employment relationship has been or will be created between the Parties Contractor also agrees that as an independent contractor Contractor assumes all responsibility for any federal state municipal or other tax liabilities along with workers compensation unemployment compensation and insurance premiums that may accrue as a result of com
11. OBJECTIVES The Electronic Maintenance Technician will be required to perform skilled work in the installation alteration operation preventative and predictive maintenance and repair of electrical and mechanical devices throughout the Regional Sewer District The Electronic Maintenance Technician reports to the Maintenance Supervisor ESSENTIAL JOB FUNCTIONS Evaluates electrical systems throughout the sewer district Organizes and manages an electrical preventative and predictive maintenance program throughout the sewer district Conducts installation and diagnostic maintenance of computer equipment network peripheral equipment and configuration of software on computers Trains district personnel on proper equipment control functions Assists management in scheduling and monitoring new equipment installations Maintains inventory of computers and electrical control equipment Evaluates new equipment and technologies Maintains manuals and electronic logs and records Installs maintains alters and repairs electrical equipment throughout the sewer district Responds to alarms and takes corrective actions Performs maintenance on supervisory control and data acquisition systems including network cabling termination and testing of computer problems for all sewer district operations Performs or assists in mechanical repairs Makes equipment adjustments and repairs to maintain operations within predeterm
12. REGULAR MEETING HELD SEPTEMBER 10 2012 to the roadway approach and grading work and that the project known as DEL CR131 0 67 Harriott Road Concord Road Intersection Project Phase 1 be initiated for such purpose and Section 2 The costs for said Improvement will be paid for from any funds appropriated for road and bridge construction and that no special levies or assessments shall be made to pay for the Improvement and Section 3 The plans specifications and estimates for the project known as DEL CR131 0 67 Harriott Road Concord Road Intersection Project Phase 1 are hereby approved and Section 4 The County Engineer is authorized to advertise for and receive bids on behalf of the Board in accordance with the following Invitation to Bid Public Notice Advertisement for Bids Sealed bids will be received at the Office of the Delaware County Engineer 50 Channing Street Delaware Ohio 43015 until 10 00 am on Tuesday October 2 2012 at which time they will be publicly opened and read aloud for the project known as Del CR 131 0 67 Harriott Road Concord Road Intersection Project Phase 1 The proposals must be made on the forms provided in the Contract Documents or a copy thereof and shall contain the full name and address of the bidder All bids shall be sealed and plainly marked SEALED BID FOR Del CR 131 0 67 Bid shall be accompanied by a Bid Security in the form of a bid bond in the amount of one hundred percent 1
13. billed in one flat fee based on the monthly usage measured in square feet The prices and conditions below are based on running the equipment identified above an average of square feet per month PAGE 623 COMMISSIONERS JOURNAL NO 57 DELAWARE COUNTY MINUTES FROM REGULAR MEETING HELD SEPTEMBER 10 2012 1 19 square foot will be the fixed flat CVP rate that you will receive 2 Delaware County Code Compliance Department will be billed for their usage once a month with the meter read being done either by email or in person 3 ARC Columbus will provide 201b opaque bond as part of the agreement although additional media can be purchased separately if needed 4 ARC Columbus will provide genuine OEM Inks as part of the agreement 5 ARC Columbus will provide full extended service coverage including parts labor and travel time as part of the agreement 6 ARC Columbus will extend this CVP agreement for 36 month Logistically you will order bond paper ink and service work all through the same phone number 614 224 5149 As a record for each order you will receive a detailed invoice for the supplies at a 0 00 cost Once a month upon gathering the meter reading ARC Columbus will send an invoice with your total cost based on your usage If you are in agreement with these conditions please read and sign in the designated space below I agree to the conditions of ARC Columbus Customer Value Plan If at anytime I determine that I n
14. financial warranties may be reduced to 10 of the originally approved construction estimate as shown in Exhibit A for said maintenance The reduction may be approved only after the County Engineer has been provided evidence that all work has been accomplished according to the approved plan and or to the County Engineer s satisfaction All work is to be done in accordance with the Delaware County Design Construction and Surveying Standards and any supplements thereto Acceptance of the project into the public system shall be completed only after written notice to the COUNTY COMMISSIONERS from the County Engineer of his approval The OWNER S maintenance responsibility as described above shall be completed upon formal acceptance by the COUNTY COMMISSIONERS Any snow or ice removal erosion and sediment control maintenance or other safety requirements deemed necessary by the County Engineer during the period of construction or maintenance shall be the responsibility of the OWNER All of the funds set forth in the AGREEMENT shall be made available to the County Engineer to ensure proper safety compliance The OWNER shall within thirty 30 days of completion of construction and prior to final acceptance to the COUNTY COMMISSIONERS as required as built drawings of the improvements which plans shall become the property of the COUNTY and remain in the office of the Delaware County Engineer The OWNER shall within thirty 30 days of comp
15. further business the meeting adjourned 1 30PM WORK SESSION 1 Benefits Representative From Preferred Benefits 2 Market Study Signatures to follow next page Ken O Brien PAGE 636 COMMISSIONERS JOURNAL NO 57 DELAWARE COUNTY MINUTES FROM REGULAR MEETING HELD SEPTEMBER 10 2012 Dennis Stapleton Tommy Thompson Jennifer Walraven Clerk to the Commissioners
16. is only responsible for formatting if required and transferring those files deemed necessary for formatting as more precisely outlined in the EPM formatting procedures for specific Products Customer is responsible for restoring data EPM shall not be held liable for any damages arising from or relating to the loss of data any software or any other information contained on a computer or similar device or contained in or stored on a Product 2 2 Product Condition Customer warrants that the Product covered by this Agreement a is in proper operating condition b is without any unauthorized modifications c has all safety features in working condition and d has been maintained in accordance with manufacturer s Product performance specifications EPM reserves the right to inspect the Product and site installation to confirm that Products meet those conditions At EPM s discretion such inspection and any repairs necessary to bring the Product up to those conditions shall be treated as Per Call Service If at any time Customer fails to maintain the Product in proper operating condition as described above EPM may cancel this Agreement immediately upon written notice to Customer 3 How to Obtain Service In order to obtain service End User must call EPM s End User Support Center and provide the Products K number or serial number which number shall be located on the respective Product s 4 Types of Service Available 4 1 Telephone Support EP
17. materials are included in the aforementioned lump sum price therefore no additional compensation shall be received by the Contractor for these items Section 5 Payment Compensation shall be paid periodically but no more than once per month and occur only after the annual PM PAGE 620 COMMISSIONERS JOURNAL NO 57 DELAWARE COUNTY MINUTES FROM REGULAR MEETING HELD SEPTEMBER 10 2012 Service has been performed Billing shall be based on invoices in accordance with the Scope Invoices shall be submitted to the Administrator by the Consultant on company letterhead clearly listing the word Invoice with a sequential invoice number provided The County may request additional documentation to substantiate said invoices and the Consultant shall promptly submit documentation as needed to substantiate said invoices The County shall pay invoices within thirty 30 days of receipt Section 6 Term This Agreement shall take immediate effect upon execution and be in effect for one year Contractor shall commence Work upon written authorization of the Administrator Section 7 Insurance 7 1 General Liability Coverage Contractor shall maintain commercial general liability insurance of 1 000 000 each occurrence with an annual aggregate of 2 000 000 Identical coverage shall be required to be provided by all subcontractors if any 7 2 Automobile Liability Coverage Contractor shall maintain automobile liability insurance of 1 00
18. 0 subject to additions and deductions as provided in the Contract Documents ARTICLE 3 Contract The executed Contract Documents shall consist of the following This Agreement Addenda Invitation to Bid Instructions to Bidders Signed copy of bid Work Specifications including all plans drawings etc Specifications General Provisions Federal and State Requirements sa mo aogp This Agreement together with other documents enumerated in this ARTICLE 3 which said other documents are as fully a part of the Contract as if hereto attached or herein repeated forms the Contract between the parties hereto In the event that any provision in any component part of this Contract conflicts with any provision of any other component part the provision of the component part first enumerated in this ARTICLE 3 shall govern except as otherwise specifically stated Vote on Motion Mr Thompson Aye Mr O Brien Aye Mr Stapleton Aye RESOLUTION NO 12 906 IN THE MATTER OF APPROVING THE MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE DELAWARE COUNTY BOARD OF COMMISSIONERS FOR AND ON BEHALF OF THE DELAWARE COUNTY JAIL AND RECOVERY amp PREVENTION RESOURCES OF DELAWARE AND MORROW COUNTIES INC FOR THE ADDICTION RECOVERY TREATMENT amp MENTAL HEALTH SERVICES PROGRAM AT THE DELAWARE COUNTY JAIL It was moved by Mr Thompson seconded by Mr Stapleton to approve the following Whereas the Sheriff and Sheriff s Office Staff recommend approval of
19. 0 000 each accident Such coverage shall include coverage for owned hired and non owned automobiles Identical coverage shall be required to be provided by all subcontractors if any 7 3 Workers Compensation Coverage Contractor shall maintain workers compensation coverage as required by the laws of the State of Ohio Identical coverage shall be required to be provided by all subcontractors if any 7 4 Additional Insureds The County its elected officials and employees shall be named as additional insureds with respect to all activities under this Agreement in the policies required by Subsections 7 1 and 7 2 Contractor shall require all of its subcontractors to provide like endorsements 7 5 Proof of Insurance Prior to the commencement of any work under this Agreement Contractor and all of its subcontractors shall furnish the County with properly executed certificates of insurance for all insurance required by this Agreement and properly executed endorsements listing the additional insured as required in Subsection 7 4 Certificates of insurance shall provide that such insurance shall not be cancelled without thirty 30 days prior written notice to the County Contractor will replace certificates for any insurance expiring prior to completion of work under this Agreement Section 8 Liability and Warranties To the fullest extent permitted by law neither party shall be liable to the other for any incidental indirect or co
20. 00 of the bid or a certified check in the amount of ten percent 10 of the bid In addition to the Bid Security a one 1 year Maintenance Performance Bond is required for this project in the amount of one hundred percent 100 of the total project cost and may be submitted with the Bid Proposal The Owner of the project is the Delaware County Board of Commissioners Copies of the plans and specifications must be obtained from the Delaware County Engineer 50 Channing Street Delaware OH 43015 Cost for printed copies of each set of plans and specifications is 20 and the cost is non refundable Plans and specifications may also be downloaded free of charge from the Delaware County Engineer s website at www co delaware oh us ebids All bidders must register as a plan holder with the Delaware County Engineer through the County Engineer s ebids website or in person at the time of purchasing plans and specifications The Owner requires that all work associated with the project be completed before December 21 2012 The estimated commencement of work date is October 5 2012 This is a prevailing wage contract in accordance with Ohio Revised Code Chapter 4111 and the requirements of the Ohio Department of Commerce Division of Labor and Worker Safety Wage and Hour Bureau Bidders shall comply with all applicable provisions No bids shall be withdrawn for a period of sixty 60 days after the opening thereof Awarding of the contract shall
21. EEMENT FOR DERBY GLEN FARMS SECTION 2 It was moved by Mr Thompson seconded by Mr Stapleton to accept the following Sanitary Subdivider s Agreement Derby Glen Farms Section 2 SUBDIVIDER S AGREEMENT DELAWARE COUNTY SANITARY ENGINEER THIS AGREEMENT executed on this 10th day of September 2012 by and between JEWETT ROAD ASSOC L L C herein after called SUBDIVIDER and the BOARD OF COUNTY COMMISSIONERS of Delaware County Ohio as evidenced by the Derby Glen Farms Section 2 Subdivision Plat filed or to be filed with the Delaware County Recorder Delaware County Ohio is governed by the following considerations and PAGE 617 COMMISSIONERS JOURNAL NO 57 DELAWARE COUNTY MINUTES FROM REGULAR MEETING HELD SEPTEMBER 10 2012 conditions to wit Said SUBDIVIDER is to construct install or otherwise make all public improvements shown and set forth to be done and performed in compliance with the approved engineering drawings and specifications for Derby Glen Farms Section 2 all of which are a part of this AGREEMENT The SUBDIVIDER shall pay the entire cost and expense of said improvements OPTIONS 1 Should SUBDIVIDER elect to record the plat prior to beginning construction SUBDIVIDER shall execute Bond certified check irrevocable letter of credit or other approved financial warranties equal to the cost of construction 53 833 60 which is acceptable to the COUNTY COMMISSIONERS to insure faithful performance of this AGREEM
22. ENT and the completion of all improvements in accordance with the Subdivision Regulations of Delaware County Ohio 2 Should SUBDIVIDER elect to proceed with construction prior to recording the plat no approved financial warranties are necessary until such time as SUBDIVIDER elects to record the plat At that time the SUBDIVIDER shall execute Bond certified check irrevocable letter of credit or other approved financial warranties equal to the cost of construction remaining to be completed as determined by the SANITARY ENGINEER The SUBDIVIDER hereby elects to use Option 2 for this project The SUBDIVIDER shall indemnify and save harmless the County Townships and or Villages and all of their officials employees and agents from all claims suits actions and proceedings which may originate from or on account of any death injuries or damages to persons or property received or sustained as a consequence of any action or omissions of the SUBDIVIDER and any of its contractors or sub contractors or from any material method or explosive used in said work or by or on account of any accident caused by negligence or any other act or omission of SUBDIVIDER and any of its contractors or the contractors agents or employees All public improvement construction shall be performed within one 1 year from the date of the approval of this AGREEMENT by the COUNTY COMMISSIONERS but extension of time may be granted if approved by the COUNTY COMMISSIONERS
23. M will provide toll free telephone support between 8 00 a m and 5 00 p m Monday through Friday Customer local time 4 2 On Site Service EPM will provide on site service between 8 00a m and 5 00 p m Monday through Friday Customer local time On Site Service includes adjustments and or replacement of parts required to maintain Products operating consistently within manufacturer s published specifications 4 3 Periodic Maintenance Periodic Maintenance PM services will consist of routine maintenance services required to keep the Products in proper operating condition Additional scheduled PMs maybe purchased to supplement coverage Note PM services MAY NOT be Included in the Standard Plan for a particular Product 4 4 Extended Hours Depending upon local service capabilities available extended hour plans include 5 6 and 7 day 8 16 and 24 hour options at additional cost EPM will use commercially reasonable efforts to provide Service outside of Agreement Hours as shown below Any such service performed will be billed at prevailing EPM Per Call Overtime rates 4 5 Holidays Contract support will not be provided on National holidays New Years Memorial Independence Labor Thanksgiving and Christmas Days Support is available on a best efforts basis at prevailing Per Call Holiday rates 4 6 Response Time EPM s objective is to provide service during EPM s normal working hours within the following time frames
24. OWNER shall execute bond certified check irrevocable letter of credit or other approved financial warranties equal to the cost of construction as shown in Exhibit A attached hereto 2 Should OWNER elect to proceed to construction prior to recording the plat no approved financial warranties are necessary until such time as OWNER elects to record the plat Such plat cannot be recorded until the County Engineer has determined the construction of the project is at least 80 complete OWNER hereby elects to use Option 2 for this project The financial warranties are to insure faithful performance of this AGREEMENT and the completion of all improvements in accordance with the Delaware County Design Construction and Surveying Standards and any supplements thereto The OWNER shall pay the entire cost and expense of said improvements unless otherwise specifically noted herein The OWNER shall indemnify and save harmless Delaware County and all Townships and or Villages within Delaware County and all of their officials employees or agents from all claims suits actions and proceedings which may originate from or on account of any death injuries or damages to persons or property received or sustained as a consequence of any actions or omissions of any contractor or subcontractor or from any material including explosives or any method used in said work or by or on account of any accident caused by negligence or any other act or omission of any contra
25. PAGE 607 COMMISSIONERS JOURNAL NO 57 DELAWARE COUNTY MINUTES FROM REGULAR MEETING HELD SEPTEMBER 10 2012 THE BOARD OF COMMISSIONERS OF DELAWARE COUNTY MET IN REGULAR SESSION ON THIS DATE WITH THE FOLLOWING MEMBERS PRESENT Present Dennis Stapleton President Ken O Brien Vice President Tommy Thompson Commissioner RESOLUTION NO 12 895 IN THE MATTER OF APPROVING THE ELECTRONIC RECORD OF THE PROCEEDINGS FROM REGULAR MEETING HELD SEPTEMBER 6 2012 It was moved by Mr Thompson seconded by Mr Stapleton to approve the following WHEREAS the Board of Commissioners of Delaware County Ohio the Board met in regular session on September 6 2012 and WHEREAS the Clerk of the Board has certified pursuant to section 305 11 of the Ohio Revised Code that the entire record of the proceedings at that meeting is completely and accurately captured in the electronic record of those proceedings NOW THEREFORE BE IT RESOLVED that the Board hereby approves the electronic record of proceedings at the previous meeting Vote on Motion Mr Thompson Aye Mr Stapleton Aye Mr O Brien Aye PUBLIC COMMENT ELECTED OFFICIAL COMMENT RESOLUTION NO 12 896 IN THE MATTER OF APPROVING PURCHASE ORDERS THEN AND NOW CERTIFICATES AND PAYMENT OF WARRANTS IN BATCH NUMBERS CMAPR0907 MEMO TRANSFERS IN BATCH NUMBERS MTAPR0907 It was moved by Mr Thompson seconded by Mr Stapleton to approve Then And Now Certificates payment of warran
26. SEPTEMBER 10 2012 understandings and agreements relating to the subject matter hereof and may only be amended in writing with the mutual consent and agreement of the parties Governing Law This Agreement shall be governed by and interpreted in accordance with the laws of the State of Ohio Any and all legal disputes arising from this Agreement shall be filed in and heard before the courts of Delaware County Ohio Headings The subject headings of the Sections and Subsections in this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions This Agreement shall be deemed to have been drafted by both parties and no purposes of interpretation shall be made to the contrary Waivers No waiver of breach of any provision of this Agreement shall in any way constitute a waiver of any prior concurrent subsequent or future breach of this Agreement or any other provision hereof No term or provision of this Agreement shall be deemed waived and no breach excused unless such a waiver or consent is expressly made in writing and signed by the party claimed to have waived or consented Such waiver shall not constitute and shall not in any way be interpreted as a waiver of any other term or provision or future breach unless said waiver expressly states an intention to waive another specific term or provision or future breach Severability If any item condition portion or sect
27. STRUCTURALLY DEFICIENT BRIDGE OVER THE UNNAMED TRIBUTARY TO EVERSOLE RUN ALSO INCLUDING IMPROVEMENTS TO ROADWAY APPROACH AND GRADING WORK APPROVING PLANS SPECIFICATIONS ESTIMATE AND SETTING THE BID DATE FOR THE PROJECT KNOWN AS DEL CR131 0 67 HARRIOTT ROAD CONCORD ROAD INTERSECTION PROJECT PHASE 1 It was moved by Mr Thompson seconded by Mr Stapleton to approve the following Whereas Section 5555 022 of the Revised Code provides that a Board of County Commissioners may find by a majority vote that the public convenience and welfare require the improving of any part of any public road may fix the route and termini of the Improvement and may authorize such Improvement and Whereas the County Engineer has determined that the existing structure on Harriott Road is deficient and needs to be replaced recommends that the Board proceed with Improvements thereof and Whereas the County Engineer has prepared plans specifications and estimates for the Improvement and Whereas the County Engineer has estimated the construction cost of the Improvement to be 389 000 NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Delaware County Ohio Section 1 The public convenience and welfare require replacement of the existing deficient bridge on Harriott Road approximately 450 east of the north leg of Concord Road in Concord Township along with improvements PAGE 612 COMMISSIONERS JOURNAL NO 57 DELAWARE COUNTY MINUTES FROM
28. THE DELAWARE COUNTY BOARD OF COMMISSIONERS AND ROTORK CONTROL INC FOR THE ALUM CREEK WATER RECLAMATION FACILITY ANNUAL ROTORK ACTUATOR PREVENTATIVE MAINTENANCE It was moved by Mr Thompson seconded by Mr Stapleton to approve the following PAGE 619 COMMISSIONERS JOURNAL NO 57 DELAWARE COUNTY MINUTES FROM REGULAR MEETING HELD SEPTEMBER 10 2012 WHEREAS the Division of Environmental Services has determined that preventative maintenance services are necessary to maintain proper mechanical operations of the electric actuators at the ACWRF facility and WHEREAS the Division of Environmental Services has determined that Rotork Controls Inc is competent and best suited to perform the work contemplated in the proposed service agreement THEREFORE be it resolved that the Board of County Commissioners execute the service agreement with Rotork Controls Inc FURTHERMORE be resolved that the Board of County Commissioners approve a purchase order with Rotork Controls Inc in the amount of 10 000 00 from Org Key 66211904 5325 ALUM CREEK WATER RECLAMATION FACILITY ANNUAL ROTORK ACTUATOR PREVENTATIVE MAINTENANCE Section 1 Parties to the Agreement This Agreement is made and entered into this 10th day of September 2012 by and between the Delaware County Board of Commissioners Delaware County Ohio 101 North Sandusky Street Delaware Ohio 43015 County and ROTORK 5607 West Douglas Ave Milwaukee Wisconsin 53218 Contra
29. Y MINUTES FROM REGULAR MEETING HELD SEPTEMBER 10 2012 9 Governing Law This Agreement will be governed by and construed in accordance with the substantive laws of the State of Ohio as applied to agreements entered into between two residents of the State Ohio without regard to its conflict of laws principles 10 Use of Other Party s Name Except as necessary to perform their obligations under this Agreement neither party may make any reference to the other party its trademarks or trade names in advertising public announcements or promotional materials without express written permission from the other party 11 Severability if any provision of this Agreement is held to be illegal invalid or unenforceable under present or future laws effective while this Agreement remains in effect the legality validity and enforceability of the remaining provisions shall not be affected thereby and in lieu of each such illegal invalid or unenforceable provision the parties shall negotiate in good faith to add a provision similar in terms to such illegal invalid or unenforceable provision as may be possible 12 Waiver Of Default Any failure of either party at any time or from time to time to require or enforce the strict keeping and performance by either party of any of the terms and conditions of this Agreement shall not constitute a waiver by either party of a breach of any such terms or conditions in the future and shall not affect or impair such term
30. ance with Township Zoning Regulations and approved said Plat on July 13 2012 and Whereas Del Co Water Company has reviewed said Plat and Plans for conformance with its rules and regulations and approved said Plat on July 13 2012 and Whereas the Delaware County Sanitary Engineer has reviewed said Plat and Plans for conformance with the Rules Regulations Standards and General Procedures Governing Sewerage in Delaware County and approved said Plat on August 10 2012 and Whereas the Delaware County Engineer has reviewed said Plat and Plans for conformance with Delaware County Engineering and Surveying Standards and approved said Plat on August 10 2012 and Whereas the Delaware County Regional Planning Commission has reviewed said Plat and Plans for conformance with Delaware County Subdivision Regulations and approved said Plat on August 31 2012 NOW THEREFORE BE IT RESOLVED that the Board of Commissioners hereby approves the Plat of Subdivision for Sheffield Park Section 3 Phase B Part 2 Sheffield Park Section 3 Phase B Part 2 Situated in the State of Ohio County of Delaware Township of Genoa Farm Lot 4 2 124 acres and Farm Lot 14 8 678 acres Quarter Township 2 Township 3 Range 17 United State Military Lands containing 10 802 acres of land more or less said 10 802 acres being part of those tracts of land conveyed to M I Homes of Central Ohio LLC by deeds of record in Official Record 1031 Page 768 and Official Re
31. apleton Aye RESOLUTION NO 12 913 IN THE MATTER OF APPROVING THE JOB DESCRIPTION FOR THE ELECTRONIC MAINTENANCE TECHNICIAN I FOR THE ENVIRONMENTAL SERVICES DEPARTMENT It was moved by Mr Thompson seconded by Mr Stapleton to approve the following Whereas the Director of Administrative Services recommends approving the job description for The Electronic Maintenance Technician I for the Environmental Services Department Therefore Be it Resolved the Board of Commissioners approve the job description for the Electronic Maintenance Technician I for the Environmental Services Department DELAWARE COUNTY REGIONAL SEWER DISTRICT TITLE Electronic Maintenance Technician I JOB OBJECTIVES The Electronic Maintenance Technician will be required to perform skilled work in the installation alteration operation preventative and predictive maintenance and repair of electrical and mechanical devices throughout the Regional Sewer District The Electronic Maintenance Technician reports to the Maintenance Supervisor ESSENTIAL JOB FUNCTIONS Evaluates electrical systems throughout the sewer district Assist in organizing and managing an electrical preventative and predictive maintenance program throughout the sewer district Conducts installation and diagnostic maintenance of computer equipment network peripheral equipment and configuration of software on computers Trains district personnel on proper equipment control functions
32. are not limited to loss of revenue or profit loss of data downtime costs loss of use of the Product cost of any substitute Product facilities or services This limitation of liability will not apply to claims for injury to persons or damage to tangible property caused by the sole negligence or fault of EPM or by persons under its direction or control 7 This Agreement does not cover and EPM shall not be responsible for operating system services e g database maintenance recovery product integration or a application support b system administration services e g system restarts error monitoring and reporting basic system matters including restoring the database c network system administration e g installation of new software packages maintenance of user and group accounts solving network problems performing system maintenance functions monitoring networks installing application software maintaining configurations d consultation services e version release or software support to other than licensed RPM Software Products f Product installation set up configuration or other non repair services g cable and installation of cable runs or any acquisition of permits h Customer training i circumstances beyond RPM s control such as customer overriding bypassing or defeating interlock switches on equipment or devices sold by RPM or any other party j problems due to failure of Customer to conform to RPM s site sp
33. be required and Performs any other duties as assigned NON ESSENTIAL JOB FUNCTIONS Performs related Essential Non essential Functions as required by the supervisor I SKILLS AND KNOWLEDGES Equipment Individual uses machines such as computers hydraulic press arc welder oxygen acetylene torch portable generators and pumps and truck cranes Individual operates a sludge truck sewer jet truck skid loader forklift and man lift platform Individual uses electronic devices such as volt meter meggar oscilloscope flow meters and automatic samplers Individual uses hand tools such as circular saw jigsaw hacksaw hammer sledge hammer and other equipment necessary to perform duties Individual uses the following for safety protection personal gas monitor confined space equipment arc flash suit arc flash shield safety rated leather gloves safety glasses hearing protection hard hat and fall protection equipment Critical Skills Expertise Knowledge of equipment materials tools and standard practices of a variety of electrical and mechanical trades with particular emphasis on wastewater treatment operations Knowledge of multiple computer operating systems and communication protocols for interfacing and procedures for replacing internal hardware components including but not limited to configuring software to work with components Knowledge of specific computer languages needed to perform assigned tasks Abili
34. be to the Lowest and Best bidder as determined by the Delaware County Board of Commissioners in the best interest of the Township The Board reserves the right to reject any or all bids Delaware Gazette Advertisement Dates September 14 2012 September 21 2012 Vote on Motion Mr Thompson Aye Mr O Brien Aye Mr Stapleton Aye RESOLUTION NO 12 905 IN THE MATTER OF AWARDING A BID AND APPROVING A CONTRACT BETWEEN THE DELAWARE COUNTY COMMISSIONERS AND COMPLETE GENERAL CONSTRUCTION COMPANY FOR THE DEL CR 10 02 37 SIGNAL INSTALLATION AT INTERSECTION OF S OLD STATE ROAD AND GLADSHIRE WILSHIRE ROADS It was moved by Mr Thompson seconded by Mr Stapleton to approve the following DEL CR 10 02 37 Signal Installation at Intersection of S Old State Road and Gladshire Wilshire Roads Bid Opening of August 14 2012 Whereas as the result of the above referenced bid opening The Engineer recommends that a bid award be made to Complete General Construction Company the low bidder for the project A copy of the bid tabulation is available for your information and Whereas also available are two copies of the Contract with Complete General Construction Company for your PAGE 613 COMMISSIONERS JOURNAL NO 57 DELAWARE COUNTY MINUTES FROM REGULAR MEETING HELD SEPTEMBER 10 2012 approval All necessary documentation for this approval has been received Certification Affidavit in Compliance with O R C Section 3517 13 Terrorist Exclusion List etc
35. cense fee that entitles Customer with a Right to Use the software and to receive the maintenance services defined above as long as maintenance services are available 4 10 Parts teems as referenced in the manufacturer s manual s required to maintain Products operating consistently within manufacturers published specifications may not be included in this Agreement and will be invoiced separately Parts or components replaced by EPM will be either new or remanufactured to EPM new product standards Parts removed from the system and replaced at no charge become the property of EPM NOTE If EPM determines that Parts service publications or technical support needed to maintain or repair Products are not available EPM will cancel the Agreement and issue a prorated credit for any remaining prepaid coverage 5 Property of EPM Maintenance material tools documentation diagnostics and test equipment provided by EPM shall remain the exclusive property of EPM 6 Limitations Tire Services outlined in these terms are EPM s only obligation EPM will not be responsible for any indirect incidental consequential or special damages resulting from the sate use or improper functioning or inability to use the Products and or related software regardless of the cause nor will EPM be responsible for damages of any nature that are not caused by EPM or are caused by circumstances out of EPM s control Such damages for which EPM will not be responsible include but
36. cerated individuals who are abusing substances or have dual disorders and WHEREAS the Delaware County Jail has invited Recovery amp Prevention Resources with offices at 118 Stover Drive Delaware Ohio a state certified and nationally accredited behavioral health care provider with expertise in the treatment of the offender population to provide addiction recovery and mental health treatment NOW THEREFORE the Parties hereby agree as follows Section 1 Scope of Services 1 1 RPR will provide ODADAS ODMH certified outpatient treatment services on site at the Delaware County Jail including those services associated with the provision of anger management training Moral Reconation Therapy MRT gender specific parenting training and trauma informed treatment for female inmates 1 2 RPR will maintain certification from ODADAS and ODMH for these services The Delaware County Jail will provide documents necessary for certification including copies of Certificates of Use and Occupancy and current fire inspection reports 1 3 RPR will provide appropriately licensed therapists or counselors to provide the services and will provide them with clinical supervision in accordance with the applicable Standards 1 4 The Delaware County Jail will provide safe appropriate and well maintained office space for use by RPR staff for the provision of services The Delaware County Jail will provide access to a telephone fax machine copier and other g
37. cord 1031 Page 771 all being of record in the Recorder s Office Delaware County Ohio Cost 81 00 Vote on Motion Mr O Brien Aye Mr Thompson Aye Mr Stapleton Aye RESOLUTION NO 12 901 IN THE MATTER OF APPROVING THE PLAT OF LITTLE BEAR VILLAGE SECTION 2 LOT 7577 EASEMENT VACATION It was moved by Mr Thompson seconded by Mr Stapleton to approve the following PAGE 609 COMMISSIONERS JOURNAL NO 57 DELAWARE COUNTY MINUTES FROM REGULAR MEETING HELD SEPTEMBER 10 2012 Whereas Epcon Little Bear LLC has submitted the Plat of Little Bear Village Section 2 Lot 7577 Easement Vacation Plat and requests approval thereof by the Board of Commissioners of Delaware County and Whereas the Orange Township Zoning Officer has reviewed said Plat for conformance with Township Zoning Regulations and approved said Plat on July 10 2012 and Whereas Del Co Water Company has reviewed said Plat for conformance with its rules and regulations and approved said Plat on July 12 2012 and Whereas the Delaware County Sanitary Engineer has reviewed said Plat for conformance with the Rules Regulations Standards and General Procedures Governing Sewerage in Delaware County and approved said Plat on August 7 2012 and Whereas the Delaware County Engineer has reviewed said Plat for conformance with Delaware County Engineering and Surveying Standards and approved said Plat on August 8 2012 and Whereas the Delaware County Regional Planning Commis
38. ctor Section 2 Contract Administrator The Delaware County Board of Commissioners hereby designates the Delaware County Sanitary Engineer as Administrator and agent of the Board for Work performed in accordance with this Agreement The Administrator shall have general supervision of the Work and authority to order commencement or suspension thereof Section 3 Scope of Services Work Contractor agrees to furnish unto the County Alum Creek Water Reclamation Facility Annual Electrical Actuator Preventative Maintenance service in accordance with the Scope of Services listed below hereby made part of this Agreement hereinafter the Scope The scope shall include the work described below for fifty 50 Rotork Actuators located at the Alum Creek Water Reclamation Facility and The Alum Creek Pump Station Contractor shall perform the Work in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances Annual Preventative Maintenance Service Tasks Performed for Rotork Actuators The IQMKI IQMKII and AWT Rotork actuators installed at the Alum Creek Plant and Pump Station shall receive the annual PM Service that includes a list of tasks to be performed by Rotork technicians on site PM repair parts to be included External visual inspection of each actuator Control knobs confirmed to function correctly Oil level on actuator checke
39. ctor or his agents or employees All public improvement construction shall be performed within one 1 year from the date on which this AGREEMENT is executed by the COUNTY COMMISSIONERS The OWNER further agrees that any violations of or noncompliance with any of the provisions and stipulations of this AGREEMENT shall constitute a breach of contract and the COUNTY shall have the right to stop work forthwith and act against the performance surety for the purpose of proper completion of the public improvements within this subdivision It is further agreed that upon execution of the AGREEMENT the OWNER shall deposit FORTY THOUSAND DOLLARS 40 000 estimated to be necessary to pay the cost of inspection by the Delaware County Engineer When the fund has been depleted to ten percent 10 of the original amount deposited the OWNER shall replenish the account upon notice by the Delaware County Engineer Upon completion of the PAGE 6ll COMMISSIONERS JOURNAL NO 57 DELAWARE COUNTY MINUTES FROM REGULAR MEETING HELD SEPTEMBER 10 2012 maintenance period and acceptance of the improvements by the Delaware County Commissioners the remaining amount in the fund shall be returned to the OWNER Upon completion of construction the OWNER shall be responsible for the maintenance repair or construction of any and all defective materials or workmanship for a period of one year Said OWNER S bond certified check irrevocable letter of credit or other approved
40. d that there be and is hereby levied on the tax duplicate of said County the rate of each tax necessary to be levied within and without the ten mill limitation as follows SCHEDULE A SUMMARY OF AMOUNTS REQUIRED FROM GENERAL PROPERTY TAX APPROVED BY BUDGET COMMISSION AND COUNTY AUDITOR S ESTIMATED TAX RATES DELAWARE COUNTY Amount Amount County Auditor s TAX YEAR 2012 Approved by to Be Derived Estimate of Tax Rate Budget Commission from levies to be Levied FUND Inside 10 M Outside 10 M Inside 10 M Outside 10 M Limitation Limitation Limit Limit General Fund 11 031 550 1 80 Permanent Improvement Fund 612 866 0 10 Developmental Disabilities Fund 12 870 178 2 10 9 1 1 Operations Fund 2 433 000 0 45 Senior Citizens 5 515 790 0 90 Debt Service 919 298 0 15 TOTAL 11 644 416 21 738 267 1 90 3 60 BE IT RESOLVED that the Clerk of this Board be and she is hereby directed to certify a copy of this Resolution to the County Auditor of said County Vote on Motion Mr O Brien Aye Mr Thompson Aye Mr Stapleton Aye PAGE 635 COMMISSIONERS JOURNAL NO 57 DELAWARE COUNTY MINUTES FROM REGULAR MEETING HELD SEPTEMBER 10 2012 RESOLUTION NO 12 916 IN THE MATTER OF APPROVING AN AGREEMENT BY AND BETWEEN THE DELAWARE COUNTY COMMISSIONERS AND THE CITY OF DELAWARE FOR INDIGENT DEFENSE SERVICES FOR MUNICIPAL CODE VIOLATIONS ASSIGNED COUNSEL SYSTEM It was moved by Mr Thompson seconded by Mr Stapleton to approve the following WHEREAS on Se
41. d and topped off as needed Mounting bolts checked for integrity and tightness Functional test Operate actuator locally verify correct function check limit switch settings Check manual override operation For gate valves with rising threaded stems grease stem Extract data log files for applicable models Remove terminal compartment cover Check for water ingress and loose terminals Replace with new O ring Pull motor cover Check Motor Check for moisture ingress and any sign of motor worm shaft seal leakage Replace motor cover o ring Remove main electrical cover Inspect motor contactor circuit boards and switches Check for signs of moisture ingress and oil leakage through torque plunger or resolver shaft seal Replace main cover with new o ring Install all new cover screws with correct lube Replace lithium batteries on IQ actuators Verify remote operation Limit switch setting torque switch settings and other pertinent data are noted and provided to the County with the service report The extracted data logger files are provided on CD and are included in the PM service binder that is given to the county after the work has been performed Each actuator will have a datasheet with all the setup details pertinent to the actuator recorded and will be included in the PM binder Section 4 Compensation The County shall pay a Lump Sum of Ten Thousand Dollars and No Cents 10 000 00 Travel expenses labor and
42. d maintenance of the same After said acceptance the capacity charge shall be paid by the applicant upon request to the DELAWARE COUNTY SANITARY ENGINEER for a tap permit to connect the single family residence to the sanitary sewer There are 11 single family residential connections approved with this agreement ALL CONSTRUCTION UNDER COUNTY JURISDICTION The SUBDIVIDER shall within thirty 30 days following completion of construction and prior to final acceptance furnish to DELAWARE COUNTY as required 1 as built drawings of the IMPROVEMENTS which plans shall become the property of the COUNTY and shall remain in the office of the DELAWARE COUNTY SANITARY ENGINEER and DELAWARE COUNTY ENGINEER The drawings shall be on reproducible MYLAR full size two paper copies one full size amp one 11 x17 and a Compact Diskette with the plans in DWG format amp PDF format 2 An excel spreadsheet from a template as provided by the DELAWARE COUNTY SANITARY ENGINEER shall accompany the plan submittal showing the locations of the manholes in Ohio State Plane North Coordinates NAD 1983 NAVD 1988 datum and other miscellaneous project data 3 an itemized statement showing the cost of IMPROVEMENTS 4 an Affidavit or waiver of lien from all Contractors associated with the project that all material and labor costs have been paid The SUBDIVIDER shall indemnify and hold harmless the COUNTY from expenses or claims for labor or materials inc
43. dividual uses the following for safety protection personal gas monitor confined space equipment arc flash suit arc flash shield safety rated leather gloves safety glasses hearing protection hard hat and fall protection equipment Critical Skills Expertise x Thorough knowledge of equipment materials tools and standard practices of a variety of electrical and mechanical trades with particular emphasis on wastewater treatment operations Thorough knowledge of multiple computer operating systems and communication protocols for interfacing and procedures for replacing internal hardware components including but not limited to configuring software to work with components Thorough knowledge of specific computer languages needed to perform assigned tasks Ability to read understand and explain information gathered from technical manuals for hardware and software and manufacturers technical bulletins for discovered bugs and fixes Thorough knowledge of compliant measures required when dealing with the occupational health amp safety administration standards connected with general maintenance operations including confined space lock out tag out crane and hoist safety and fall protection Thorough knowledge of arc flash regulations and compliance with the standards set forth in NFPA 70E standard for electrical safety in the workplace manual Thorough knowledge of applicable federal state and local rules and regu
44. e DELAWARE COUNTY SANITARY ENGINEER The DELAWARE COUNTY SANITARY ENGINEER shall in his or her sole discretion inspect as necessary the IMPROVEMENTS being installed or constructed by the SUBDIVIDER and shall keep accurate records of the time spent by his or her employees and agents in such inspections for which the SANITARY ENGINEER shall be reimbursed from charges against said deposit At such time as said fund has been depleted to a level of 600 00 or less as a result of charges against the same at the rate of INSPECTOR 75 00 per hour CAMERA TRUCK 150 00 per hour for time spent by said SANITARY ENGINEER or his or her staff the SUBDIVIDER shall make an additional deposit of 600 00 to said fund On completion of all IMPROVEMENTS provided herein and acceptance of same by the COUNTY any unused portions of the inspection fund shall be repaid to the SUBDIVIDER less an amount equal to 0 75 per foot of sewer which will be deducted to cover re inspection The SUBDIVIDER for a period of five 5 years after acceptance of the IMPROVEMENTS by the COUNTY shall be responsible for defective materials and or workmanship All warranties for equipment installed as a part of the IMPROVEMENTS shall be the same as new equipment warranties and shall be assigned PAGE 618 COMMISSIONERS JOURNAL NO 57 DELAWARE COUNTY MINUTES FROM REGULAR MEETING HELD SEPTEMBER 10 2012 to the COUNTY upon acceptance of the IMPROVEMENTS The SUBDIVIDER shall provide
45. e feet The prices and conditions below are based on running the equipment identified above an average of N A square feet per month 1 19 Per square foot will be the fixed flat CVP rate that you will receive 2 Delaware County Regional Sewer District will be billed for their usage once a month with the meter read being done either by email or in person 3 ARC Columbus will provide 201b opaque bond as part of the agreement although additional media can be purchased separately if needed 4 ARC Columbus will provide genuine OEM Inks as part of the agreement 5 ARC Columbus will provide full extended service coverage including parts labor and travel time as part of the agreement 6 ARC Columbus will extend this CVP agreement for 36 month Logistically you will order bond paper ink and service work all through the same phone number 614 224 5149 As a record for each order you will receive a detailed invoice for the supplies at a 0 00 cost Once a month upon gathering the meter reading ARC Columbus will send an invoice with your total cost based on your usage If you are in agreement with these conditions please read and sign in the designated space below I agree to the conditions of ARC Columbus Customer Value Plan If at anytime I determine that I no longer wish to participate in ARC Columbus Customer Value Plan I will provide ARC Columbus with a written notice 60 days in advance Upon receipt of this written notice ARC Co
46. ecifications provided in the manufacturer s documentation k time spent in locating Product not at the specified location or waiting for Product availability 1 relocation of Product or service associated with relocation m seasonal hibernation de installation and reactivation re installation n service or parts associated with any unauthorized modifications attachments or service o rebuilding or reconditioning of Product p misuse or abuse of Product or q failure to follow RPM s operating instructions or instructions provided by the manufacturer EPM may provide at its sole discretion service in these situations under the Per Call terms and at prevailing Per Call rates 8 Confidentiality of Customer Data EPM does not wish to receive any confidential information of Customer in the course of providing maintenance services and Customer is expected to take all reasonable precautions 10 avoid disclosing any of its confidential information or that of its customers employees or clients Confidential Information to EPM and its employees or contractors However in the event that EPM s employees or contractors become exposed to Confidential Information EPM will ensure that such information is protected against unauthorized disclosure using the same degree of care but no less than a reasonable degree of care as Customer uses to protect its own information of like nature PAGE 627 COMMISSIONERS JOURNAL NO 57 DELAWARE COUNT
47. edge of parallel and series circuits Thorough knowledge of analog and digital controls and circuits Thorough knowledge of step down step up and isolation transformers Ability to insert control data information into spreadsheets for trending and tracking Thorough knowledge and ability to use computer programs such as Microsoft Word Excel Access and Outlook and Following the Delaware County Employee Handbook Policies and Procedures and Departmental SOP s Standard Operating Procedures is required Job Standards An Associates Degree in Electrical Engineering or related field plus five years of related work experience is required OR a High School diploma or equivalent plus eight to ten years of related work experience plus specialized electrical training with demonstrated ability to meet job functions Individual must have a valid Ohio Driver s License CDL Class B and an acceptable driving record Must meet and maintain qualifications for driving on county business at all times All required licenses and certifications must be maintained as a continued condition of employment II RESPONSIBILITY Individual is given general direction in following established practices and policies Supervisor provides technical instruction upon request Individual independently makes critical decisions on a daily basis Errors in work may not be detected and can cause inaccuracies in reports records or technical data resulting in
48. eneral office equipment as necessary for RPR staff to complete their duties at no cost to RPR 1 5 Delaware County Jail will refer to RPR for treatment of male and or female inmates who have been screened as likely having a substance use and or a dual disorder 1 6 RPR will maintain its own clinical record on each inmate served in accordance with ODADAS ODMH documentation standards 1 6a Delaware County Jail will make available certain background and demographic information about program participants participating in services provided by RPR to facilitate development of clinical records in an efficient manner 1 7 RPR will communicate with staff of the Delaware County Jail for relevant clinical information regarding the inmates served that might assist in the assessment and treatment of the inmates RPR will abide by all Federal State and local laws regarding the release of information 1 8 RPR may participate in case staffing and conferences as invited and permitted by the Delaware County Jail 1 9 The Delaware County Jail remains responsible for the behavioral management of the inmates in its care including those referred to RPR for alcohol and drug treatment and mental health services Section 2 Compensation Delaware County Jail will pay RPR for the services described herein and the required clinical supervision per ODADAS and ODMH standards in the amount of 10 833 30 to be paid in monthly installments of 1 805 55 for the 6 month du
49. for the performance of work under this MOU on account of race color religion sex age disability as defined in section 4112 01 of the Revised Code national origin or ancestry RPR certifies that it complies with all applicable laws regarding Non Discrimination Equal Opportunity and will not discriminate EXHIBIT A Recovery amp Prevention Resources of Delaware and Morrow Counties Inc Delaware County Jail Addiction Recovery Treatment amp Mental Health Services Program Budget for the period from July 1 2012 through December 31 2012 07 01 12 through 12 31 12 FTE s 6 months Salaries amp Wages Therapist Hours 25 FTE 10 833 30 Clinical Director 05 FTE Tncluded in blended rate Total 10 833 30 Fringe Benefits Tncluded in blended rate Total Expenses 10 833 30 Narrative e RPR therapists assigned to this program will provide direct services to program participants and complete necessary documentation per the attached MOU Estimated time involved 43 33 hours per month e Clinical Director will provide clinical supervision per ODADAS ODMH Standards and CARF Regulations e Fringe benefits include employer s share of payroll taxes unemployment insurance worker s compensation premiums health dental vision life and LTD insurance premiums and pension Vote on Motion Mr Stapleton Aye Mr O Brien Aye Mr Thompson Aye RESOLUTION NO 12 907 IN THE MATTER OF APPROVING THE SANITARY SUBDIVIDER S AGR
50. hemicals PAGE 631 COMMISSIONERS JOURNAL NO 57 DELAWARE COUNTY MINUTES FROM REGULAR MEETING HELD SEPTEMBER 10 2012 and physical hazards Individual may be exposed to atmospheric conditions such as fumes odors dusts mists gases or poor ventilation Individual must be able to climb to and work effectively at heights in excess of 100 feet V PERSONAL WORK RELATIONSHIPS Individual has contact with co workers employees in the department and the general public Individual may communicate with the public on service complaints and possible claims Individual is responsible for maintaining a positive working relationship with supervisors co workers subcontractors and other departmental personnel Vote on Motion Mr Thompson Aye Mr Stapleton Aye Mr O Brien Aye RESOLUTION NO 12 914 IN THE MATTER OF APPROVING THE JOB DESCRIPTION FOR THE ELECTRONIC MAINTENANCE TECHNICIAN II FOR THE ENVIRONMENTAL SERVICES DEPARTMENT It was moved by Mr Thompson seconded by Mr Stapleton to approve the following Whereas the Director of Administrative Services recommends approving the job description for For The Electronic Maintenance Technician II for the Environmental Services Department Therefore Be it Resolved the Board of Commissioners approve the job description for the Electronic Maintenance Technician II for the Environmental Services Department DELAWARE COUNTY REGIONAL SEWER DISTRICT TITLE Electronic Maintenance Technician II JOB
51. ident to said construction of the IMPROVEMENTS 5 documentation showing the required sanitary sewer easements The SUBDIVIDER shall within thirty 30 days following completion of construction and prior to final acceptance furnish to the DELAWARE COUNTY SANITARY ENGINEER a five 5 year maintenance Bond or other approved financial warranties equal to ten percent 10 of the construction cost The SUBDIVIDER shall during the construction and maintenance periods comply with all rules and regulations and conform to all procedures established by the COUNTY regarding submission of shop drawings construction schedules operation of facilities and other matters incident hereto The SUBDIVIDER shall obtain all other necessary utility services incident to the construction of said IMPROVEMENTS AND FOR THEIR CONTINUED OPERATION The SUBDIVIDER shall be responsible for all utility charges and installation costs The utility user charges shall be paid by the SUBDIVIDER and maintained in continuous use throughout the construction and testing phases until accepted for operation and maintenance by the COUNTY IN CONSIDERATION WHEREOF the DELAWARE COUNTY BOARD OF COMMISSIONERS hereby grants the SUBDIVIDER or its agent the right and privilege to make the IMPROVEMENTS stipulated herein and as shown on the approved plans Vote on Motion Mr O Brien Aye Mr Thompson Aye Mr Stapleton Aye RESOLUTION NO 12 908 IN THE MATTER OF APPROVING AN AGREEMENT BETWEEN
52. ight or claim it may have under local law or otherwise to receive any payment from RPM or expiration termination or non renewal whether for actual consequential indirect special or incidental damages costs or expenses whether foreseeable or unforeseeable 21 Additional Terms These terms may be amended or supplemented only by the express agreement of the Parties in writing and signed by each Party 22 Entire Agreement Amendment This Agreement may be amended or supplemented only by the express agreement of the parties This Agreement and the terms and conditions set forth in the original equipment warranty which are incorporated herein represents the entire agreement and supersedes all prior agreements and understandings whether written or oral with respect to the subject matter of this Agreement Furthermore in the event of a conflict of terms between this Agreement and the original equipment warranty this Agreement shall be the controlling document PAGE 628 COMMISSIONERS JOURNAL NO 57 DELAWARE COUNTY MINUTES FROM REGULAR MEETING HELD SEPTEMBER 10 2012 Further Be It Resolved that the Delaware County Board of Commissioners approves a purchase order R1205298 EASTMAN PARK SERVICE AGREEMENT FOR KODAK PROSTAR II 10011103 5328 4 865 00 MICROGRAPHICS PROCESSOR R1205298 EASTMAN PARK SERVICE AGREEMENT FOR PROSTAR 10011103 5328 1 245 00 MICROGRAPHICS REPLENISHMENT SYSTEM Vote on Motion Mr O Brien Aye Mr Thompson Aye Mr St
53. ined limits PAGE 632 COMMISSIONERS JOURNAL NO 57 DELAWARE COUNTY MINUTES FROM REGULAR MEETING HELD SEPTEMBER 10 2012 Dismantles equipment to gain access to and repair defective parts Reassemble properly after repairs are made Troubleshoots and maintains motor control systems Restores power to lift stations during electrical outages with portable generators Restarts equipment after an electrical outage Maintains electrical components of sewage lift stations Switches electrical feeds to operational units such as pumps electrical feeders and drives Takes readings from charts and meters Calibrates electrical devices Performs tasks in proximity to electrical mechanical chemical biological and physical hazards Overtime may be required and Performs any other duties as assigned NON ESSENTIAL JOB FUNCTIONS Performs related Essential Non essential Functions as required by the supervisor I SKILLS AND KNOWLEDGES Equipment Individual uses machines such as computers hydraulic press arc welder oxygen acetylene torch portable generators and pumps and truck cranes Individual operates a sludge truck sewer jet truck skid loader forklift and man lift platform Individual uses electronic devices such as volt meter meggar oscilloscope flow meters and automatic samplers Individual uses hand tools such as circular saw jigsaw hacksaw hammer sledge hammer and other equipment necessary to perform duties In
54. invoice 17 Force Majeure With the exception of any payments due hereunder neither party shall be liable for failure to perform under this Agreement if such failure to perform arises out of cause s beyond the control and without fault or negligence of the non performing party Such cause s may include but are not limited to acts of God or the public enemy fires floods epidemics and unusually severe weather material shortages strikes or similar labor disruptions 18 Termination a Either party may terminate this Agreement upon ninety 90 days prior written notice except as set forth in Sections 2 2 and or 4 10 b Either party may terminate this Agreement immediately if the other party ceases to conduct its operations in the normal course of business becomes insolvent or files for or becomes the subject of a bankruptcy petition or is placed in receivership c EPM may terminate this Agreement immediately if Customer attempts to assign this Agreement without EPM s prior written consent 19 Effect of Termination or Expiration Each party will remain liable under this Agreement for any obligations incurred prior to the effective date of termination or expiration 20 No Liability for Termination To the full extent allowed by any applicable law Customer agrees that it will have no rights to damages or indemnification of any nature due to any expiration rightful termination or non renewal of this Agreement by RPM Customer waives any r
55. ion of this Agreement or the application thereof to any person premises or circumstance shall to any extent be held to be invalid or unenforceable the remainder hereof and the application of such term condition provision or section to persons premises or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby and this Agreement and all the terms conditions provisions or sections hereof shall in all other respects continue to be effective and to be complied with Homeland Security Contractor certifies that it does not provide material assistance to any organization on the United States Department of State Terrorist Exclusion list Pursuant to R C 2909 33 Contractor agrees to make such certification by completing the declaration of material assistance nonassistance described in R C 2909 33 A and understands that this Agreement is contingent upon full completion of such certificate and No being the response to all questions in the Declaration portion of the certificate Such certification is attached to this Agreement and by this reference made a part of this Agreement Non Discrimination Equal Opportunity Contractor hereby certifies that in the hiring of employees for the performance of work under this Agreement or any subcontract that neither it nor any subcontractor by reason of race color religion sex age disability as defined in section 4112 01 of the Revised
56. is Board and that all deliberations of this Board that resulted in said formal actions were in meetings open to the public in compliance with the laws of the State of Ohio Vote on Motion Mr Stapleton Aye Mr Thompson Aye Mr O Brien Aye RESOLUTION NO 12 903 IN THE MATTER OF APPROVING PROJECT AGREEMENT FOR OLENTANGY CROSSINGS SECTION 6 It was moved by Mr Thompson seconded by Mr Stapleton to approve the following agreement Whereas as The Engineer recommends approving the Project Agreement for Olentangy Crossings Section 6 Now Therefore Be It Resolved that the Delaware County Board of Commissioners approve the Project Agreement for Olentangy Crossings Section 6 Project Agreement for Olentangy Crossings Section 6 PROJECT AGREEMENT PROJECT NUMBER 11002 THIS AGREEMENT executed on this 10th day of September 2012 between MA HOMES OF CENTRAL OHIO hereinafter called OWNER and the BOARD OF COUNTY COMMISSIONERS OF DELAWARE COUNTY OHIO COUNTY COMMISSIONERS for the project described as OLENTANGY CROSSINGS SECTION 6 further identified as Project Number 11002 is governed by the following considerations to wit Said OWNER is to construct install or otherwise make all public improvements shown and set forth to be done and performed in compliance with the approved engineering drawings and specifications all of which are a part of this AGREEMENT OPTIONS 1 Should OWNER elect to record the plat prior to beginning construction
57. istently within manufacturer s specifications EPM will instruct the Customer regarding shipment of the Product to EPM for repair EPM will repair the Product and return the Product to Customer PAGE 626 COMMISSIONERS JOURNAL NO 57 DELAWARE COUNTY MINUTES FROM REGULAR MEETING HELD SEPTEMBER 10 2012 4 9 Software Product EPM will provide Maintenance Upgrades Software Patches and telephone assistance of a technical nature on licensed EPM Software Product only EPM may issue Maintenance Upgrades or Patches and or provide for on site services necessary to correct errors that significantly affect software performance in accordance with EPM s Software Product operating specifications Unless Product documentation states otherwise support will be provided for the current and previous Version Release Maintenance Upgrades and Patches are at no charge and include one copy of the user s manual and or changes EPM reserves the right to develop new features and functionality improvements which maybe offered to Customers as separately priced product All software and or changes are subject to the terms and conditions of the EPM Software License Agreement that was in effect at the time the software was licensed from EPM License Terms are applicable as long as the software is being used even if maintenance services are no longer available Some EPM Software Products are licensed under a Renewable Software License Agreement which includes an annual li
58. lations concerning water and wastewater issues Ability to distinguish the different locations of each facility in the sewer district and to follow a proper time management plan to ensure that all assigned work is completed in a timely manner Thorough knowledge of wastewater treatment processes and associated equipment Thorough knowledge of chemicals used in the wastewater treatment process PAGE 633 COMMISSIONERS JOURNAL NO 57 DELAWARE COUNTY MINUTES FROM REGULAR MEETING HELD SEPTEMBER 10 2012 Ability to define and solve problems collect data establish facts draw valid conclusions using judgment and analytical skills Ability to distinguish between the full ranges of colors in the color spectrum to work with electrical wiring Ability to troubleshoot controls and instrumentation throughout system Ability to determine faulty power and control devices in electrical panels Ability to read interpret troubleshoot from and modify electrical schematics Ability to read and interpret plant electrical distribution diagrams Ability to program and troubleshoot spread spectrum radios Thorough knowledge of Variable Frequency Drives Programmable Logic Controllers and Motor Soft Starters Ability to troubleshoot motor starters relays motors conveyers and mixers Skilled in 480 volt 3 phase 230 volt 3 phase 230 volt 1 phase 120 volt 1 phase 24 volt AC and 12 volt DC systems Thorough knowl
59. letion of construction furnish to the COUNTY COMMISSIONERS an itemized statement showing the cost of improvements and an affidavit that all material and labor costs have been paid The OWNER shall indemnify and hold harmless Delaware County and all Townships and or Villages within Delaware County and all their officials employees or agents from expenses or claims for labor or material incident to said construction of improvements The OWNER shall obtain all other necessary utility services incident to the construction of the improvements and for their continued operation The OWNER shall be responsible for all utility charges and installation costs The utility user charges shall be paid by the OWNER and maintained in continuous use throughout the construction and testing phases until accepted for operation and maintenance by the County Should the OWNER become unable to carry out the provisions of this AGREEMENT the OWNER S heirs successors or assigns shall complete and comply with all applicable terms conditions provisions and requirements of this AGREEMENT EXHIBIT A CONSTRUCTION COST ESTIMATE 991 200 CONSTRUCTION BOND AMOUNT N A MAINTENANCE BOND AMOUNT 99 100 INSPECTION FEE DEPOSIT 40 000 Vote on Motion Mr O Brien Aye Mr Thompson Aye Mr Stapleton Aye RESOLUTION NO 12 904 IN THE MATTER OF DECLARING THE NECESSITY FOR THE REPLACEMENT OF A BRIDGE ON HARRIOTT ROAD DEL CR131 0 67 INCLUDING THE REMOVAL AND REPLACEMENT OF A
60. lumbus will terminate all conditions of the Customer Value Plan listed above ARC Columbus Customer Acceptance ARC Columbus Delaware County Regional Sewer District 1159 Dublin Road 50 Channing Street Columbus Ohio 43215 Delaware Ohio 43015 Vote on Motion Mr Stapleton Aye Mr Thompson Aye Mr O Brien Aye RESOLUTION NO 12 910 IN THE MATTER OF APPROVING THE CUSTOMER VALUE PLAN AGREEMENT BETWEEN THE DELAWARE COUNTY BOARD OF COMMISSIONERS AND ARC COLUMBUS FOR THE DELAWARE COUNTY CODE COMPLIANCE DEPARTMENT It was moved by Mr Thompson seconded by Mr Stapleton to approve the following Whereas the Director of Environmental Services recommends approval of the following Agreement Now Therefore Be It Resolved that that Delaware County Board of Commissioners approve the following Agreement with ARC Columbus for the Customer Value Plan providing paper ink and service work for the new ipf765MFP copier scanner printer CUSTOMER VALUE PLAN RE Equipment Model ipf765MFP Serial AAGW 0177 Below you will find the details of ARC Columbus CVP Customer Value Plan offering The CVP agreement affords ARC Columbus customers the ability to lock in highly competitive prices for 36 months on media inks and extended service for Digital Copiers ARC Columbus are offering these discounts to reward our customers for their commitment to collaborate with ARC Columbus Under the plan the cost of the three components Bond Inks amp Service will be
61. m Ability to determine faulty power and control devices in electrical panels Ability to read interpret troubleshoot from and modify electrical schematics Ability to read and interpret plant electrical distribution diagrams Ability to program and troubleshoot spread spectrum radios Knowledge of Variable Frequency Drives Programmable Logic Controllers and Motor Soft Starters Ability to troubleshoot motor starters relays motors conveyers and mixers Skilled in 480 volt 3 phase 230 volt 3 phase 230 volt 1 phase 120 volt 1 phase 24 volt AC and 12 volt DC systems Knowledge of parallel and series circuits Knowledge of analog and digital controls and circuits Knowledge of step down step up and isolation transformers Ability to insert control data information into spreadsheets for trending and tracking Knowledge and ability to use computer programs such as Microsoft Word Excel Access and Outlook and Following the Delaware County Employee Handbook Policies and Procedures and Departmental SOP s Standard Operating Procedures is required Job Standards A High School diploma or equivalent plus two to four years of related work experience are required specialized electrical training is preferred Individual must have a valid Ohio Driver s License CDL Class B and an acceptable driving record Must meet and maintain qualifications for driving on county business at all times All
62. mpson Aye Mr O Brien Aye RESOLUTION NO 12 902 IN THE MATTER OF APPROVING A DITCH MAINTENANCE PETITION AND THE DITCH MAINTENANCE ASSESSMENTS FOR MENARDS CREEKSIDE It was moved by Mr Thompson seconded by Mr Stapleton to approve the following WHEREAS on September 10 2012 a Ditch Maintenance Petition for Menards Creekside was filed with the Board of Commissioners of Delaware County the Board and WHEREAS the Petition sets forth the drainage improvements that have been or will be constructed within Menards Creekside located off of Orange Road U S Route 23 in Orange Township and WHEREAS the Petitioners have requested that the drainage improvements be accepted into the Delaware County Drainage Maintenance Program and that an annual maintenance assessment be collected with the Real Estate Taxes for the improvements in the subject lot to cover the cost of current and future maintenance of the improvements and WHEREAS the Petitioners represent 100 of the property owners to be assessed for maintenance related to this drainage improvement and have waived their rights to a public viewing and hearing and WHEREAS based on a review of the Petition and all accompanying documents the Board has determined that the improvements satisfy all statutory criteria pursuant to Chapters 6131 and 6137 of the Revised Code and all criteria for acceptance into the Delaware County Drainage Maintenance Program NOW THEREFORE BE IT RESOLVED by the B
63. ng instructions and remedial actions as prescribed by EPM d maintain system and Product documentation and install software updates maintenance upgrades and patches supplied by manufacturers e perform preventative maintenance and error recovery procedures as defined in the individual Products users manual f supply consumable items or other components that are replaced due to normal wear and or as specified in the relevant manufacturer s manual s g provide service personnel with immediate access to the Products when service is requested h when necessary supply and maintain a modem and communication software approved by EPM which satisfies the respective manufacturer s Product specifications i keep the site environmental ranges within the specifications set forth by the manufacturer of the relevant Product j provide continuous and appropriate resource availability during problem resolution and k Have a telephone available in the work area Failure to meet these obligations may result at EPM s sole option in the imposition of additional charges at prevailing Per Call rates or immediate termination of this Agreement upon notice to Customer PAGE 625 COMMISSIONERS JOURNAL NO 57 DELAWARE COUNTY MINUTES FROM REGULAR MEETING HELD SEPTEMBER 10 2012 2 1 Customer Software Prior to service commencing on computers with hard drives Customer is responsible for creating a back up copy of the file from the hard drive EPM
64. ns hereof shall in all other respects continue in full force and effect PAGE 616 COMMISSIONERS JOURNAL NO 57 DELAWARE COUNTY MINUTES FROM REGULAR MEETING HELD SEPTEMBER 10 2012 7 8 Homeland Security RPR certifies that it does not provide material assistance to any organization on the United States Department of State Terrorist Exclusion list Pursuant to R C 2909 33 RPR agrees to make such certification by completing the declaration of material assistance non assistance described in R C 2909 33 A and understands that this MOU is contingent upon full completion of such certificate and No being the response to all questions in the Declaration portion of the certificate Such certification is attached to this MOU and by this reference made a part of this MOU 7 9 Non Discrimination Equal Opportunity RPR hereby certifies that in the hiring of employees for the performance of work under this MOU that neither it nor any subcontractor by reason of race color religion sex age disability as defined in section 4112 01 of the Revised Code national origin or ancestry shall discriminate against any citizen of this state in the employment of a person qualified and available to perform the work to which the MOU relates RPR further certifies that neither it nor any subcontractor or person acting on behalf of it or any subcontractor in any manner shall discriminate against intimidate or retaliate against any employee hired
65. nsequential damages arising out of or connected in any way to the Work or this Agreement This mutual waiver shall include but not be limited to loss of profit loss of business or income or any other consequential damages that either party may have incurred from any cause of action whatsoever Notwithstanding any other provision to the contrary and to the fullest extent permitted by law the Contractor shall indemnify and hold free and harmless the County and its employees from any and all damages injury costs expenses judgments or decrees or any other liabilities that they may incur as a result of bodily injury sickness disease or death or injury to or destruction of tangible property including the loss of use resulting therefrom to the proportionate extent caused by any negligent acts errors or omissions of the Contractor its employees agents subcontractors and their employees and agents subcontractors and their employees or any other person for whose acts any of them may be liable Section 9 Suspension or Termination of Agreement The County may suspend or terminate this Agreement at any time for the convenience of the County at which time the County shall provide written notice to the Contractor ordering termination of Work The Contractor shall immediately suspend or terminate Work as ordered by the County In the case of Termination the Contractor shall submit a final invoice within sixty 60 days of receiving Notice of Te
66. o longer wish to participate in ARC Columbus Customer Value Plan I will provide ARC Columbus with a written notice 60 days in advance Upon receipt of this written notice ARC Columbus will terminate all conditions of the Customer Value Plan listed above ARC Columbus Customer Acceptance ARC Columbus Delaware County Code Compliance Department 1159 Dublin Road 50 Channing Street Columbus Ohio 43215 Delaware Ohio 43015 Vote on Motion Mr O Brien Aye Mr Thompson Aye Mr Stapleton Aye RESOLUTION NO 12 911 SETTING DATE AND TIME FOR THE INVITATION TO BID 12 01 FOR BULK GASOLINE amp DIESEL FUELS FOR DELAWARE COUNTY It was moved by Mr Thompson seconded by Mr Stapleton to approve the following Whereas The Manager of Facilities recommends approval of the Invitation To Bid 12 01 For Bulk Gasoline amp Diesel Fuels For Delaware County Now Therefore Be It Resolved That The Delaware County Board Of Commissioners approve the Invitation To Bid 12 01 For Bulk Gasoline amp Diesel Fuels For Delaware County PUBLIC NOTICE INVITATION TO BID ITB 12 01 BULK GASOLINE amp DIESEL FUELS Notice to bidders are posted on the internet and may be viewed on Delaware County s web page at http www co delaware oh us under the heading Current Bids Sealed bids will be received by the Board of Commissioners Delaware County Ohio at 101 North Sandusky Street Delaware Ohio 43015 at 10 00 AM on Monday October 1 2012 at which time they
67. oard of County Commissioners of Delaware County Ohio Section 1 The Board hereby grants the Petition the Board having found and determined that the improvements satisfy all statutory criteria pursuant to Chapters 6131 and 6137 of the Revised Code and all criteria for acceptance into the Delaware County Drainage Maintenance Program Section 2 The Board hereby approves the maintenance assessments in accordance with the Petition as follows PAGE 610 COMMISSIONERS JOURNAL NO 57 DELAWARE COUNTY MINUTES FROM REGULAR MEETING HELD SEPTEMBER 10 2012 The cost of the drainage improvements is 1 231 434 79 The drainage improvements are being constructed for the benefit of the lot s being created in the subject site The developed area of 46 66 acres will receive benefits cost of the project on a per acre basis The basis for calculating the assessment for each lot is therefore 26 391 66 per ace An annual maintenance fee equal to 2 of this basis 527 83 will be collected for each acre of developed lot The basis for calculating the maintenance assessment shall be reviewed and subject to revision every six 6 years The first year s assessment for all the lots in the amount of 24 628 70 has been paid to Delaware County receipt of which is hereby acknowledged Section 3 This Board finds and determines that all formal actions taken by this Board concerning and relating to the adoption of this Resolution were taken in an open meeting of th
68. pensation received for services or deliverables rendered hereunder Vote on Motion Mr Thompson Aye Mr Stapleton Aye Mr O Brien Aye RESOLUTION NO 12 909 IN THE MATTER OF APPROVING THE CUSTOMER VALUE PLAN AGREEMENT BETWEEN THE DELAWARE COUNTY BOARD OF COMMISSIONERS AND ARC COLUMBUS FOR THE DELAWARE COUNTY REGIONAL SEWER DISTRICT It was moved by Mr Thompson seconded by Mr Stapleton to approve the following Whereas the Director of Environmental Services recommends approval of the following Agreement PAGE 622 COMMISSIONERS JOURNAL NO 57 DELAWARE COUNTY MINUTES FROM REGULAR MEETING HELD SEPTEMBER 10 2012 Now Therefore Be It Resolved that that Delaware County Board of Commissioners approve the following Agreement with ARC Columbus for the Customer Value Plan providing paper ink and service work for the new ipf765MFP copier scanner printer CUSTOMER VALUE PLAN RE Equipment Model ipf765MFP Serial AAGW 0446 Below you will find the details of ARC Columbus CVP Customer Value Plan offering The CVP agreement affords ARC Columbus customers the ability to lock in highly competitive prices for 36 months on media inks and extended service for Digital Copiers ARC Columbus are offering these discounts to reward our customers for their commitment to collaborate with ARC Columbus Under the plan the cost of the three components Bond Inks amp Service will be billed in one flat fee based on the monthly usage measured in squar
69. ptember 12 2011 the Delaware County Board of Commissioners the Board adopted Resolution No 11 967 approving an agreement with the City of Delaware for indigent defense services for municipal code violations the Agreement and WHEREAS pursuant to Section 3 1 of the Agreement the Agreement may be renewed for additional one year terms upon proper resolution by each party agreeing to the one year extension and proper appropriation of funding for the new year NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of Delaware County State of Ohio as follows Section 1 The Board hereby agrees to renew the Agreement with proper appropriation of funding for an additional one 1 year term commencing on September 12 2012 and ending September 12 2013 Section 2 The Board hereby directs the Clerk of the Board to cause copies of this Resolution to be delivered to the City of Delaware 1 South Sandusky Street Delaware Ohio 43015 and the Ohio Public Defender 250 East Broad Street Suite 1400 Columbus Ohio 43215 Section 3 This Resolution shall be effective immediately upon adoption Vote on Motion Mr Thompson Aye Mr O Brien Aye Mr Stapleton Aye COMMISSIONERS COMMITTEES REPORTS Commissioner O Brien On Tuesday Will Attend A Family Children s First Council Meeting Commissioner Thompson The All Horse Parade Was This Past Weekend Commissioner Stapleton Work Session This Afternoon There being no
70. ration of the MOU The budget for the program established by this MOU is attached hereto as Exhibit A and by this reference fully incorporated herein Section 3 Term This MOU shall be effective from July 1 2012 through December 31 2012 and may only be amended or renewed upon mutual agreement in writing signed by both Parties Section 4 Insurance 4 1 General Liability Coverage RPR shall maintain general liability insurance of 1 000 000 each occurrence with an annual aggregate of 2 000 000 PAGE 615 COMMISSIONERS JOURNAL NO 57 DELAWARE COUNTY MINUTES FROM REGULAR MEETING HELD SEPTEMBER 10 2012 4 2 Workers Compensation Coverage RPR shall maintain workers compensation coverage as required by the laws of the State of Ohio 4 3 Additional Insured Delaware County its elected officials and employees shall be named as additional insured with respect to all activities under this MOU in the policy required by Subsection 4 1 44 Proof of Insurance RPR shall upon request furnish Delaware County with properly executed certificates of insurance for all insurance required by this MOU and properly executed endorsements listing the additional insured as required in Subsection 4 3 Certificates of insurance shall provide that such insurance shall not be cancelled without thirty 30 days prior written notice to the County RPR will replace certificates for any insurance expiring prior to completion of this MOU Section
71. required licenses and certifications must be maintained as a continued condition of employment Il RESPONSIBILITY Individual is given general direction in following established practices and policies Supervisor provides technical instruction upon request Individual independently makes critical decisions on a daily basis Errors in work may not be detected and can cause inaccuracies in reports records or technical data resulting in inaccurate or incomplete information Errors may cause minor to gross pollution of the receiving stream resulting in possible human health concerns ecological damage and fines Il PHYSICAL EFFORT Physical Requirements Individual performs heavy work which may require the lifting of up to one hundred 100 pounds Individual must be able to climb to and work effectively at heights in excess of 100 feet Physical Activity The physical activity of the position is manual dexterity talking hearing reaching climbing balancing stooping crouching crawling standing pushing pulling lifting grasping feeling and walking Visual Activity Individual performs work where the seeing job is close to the eyes and at or within arm s reach and also at varying distances IV WORKING CONDITIONS Job Location Individual works both inside and outside and is exposed to temperatures below 32 degrees and above 100 degrees for periods of more than one hour Individual is exposed to noise vibration oil c
72. rmination for Work completed up to the date of termination The County is not liable for payment for work performed after the date of termination Section 10 Change in Scope of Work In the event that significant changes to the Scope of Services as defined in Section 3 are required during performance of the Work the first party shall notify the second party in writing with a detailed explanation of the circumstances believed to have changed beyond those originally contemplated by this Agreement Any subsequent modifications to this Agreement shall be approved by both parties in writing Section 11 Miscellaneous Terms amp Conditions 11 1 Prohibited Interests Contractor agrees that no agent officer or employee of the County during his her tenure or for one year there after shall have any interest direct or indirect in this Agreement or the proceeds thereof Contractor further agrees that it will not employ in any manner a current County employee for a minimum period of one 1 year from the completion date of this Agreement without the prior express written consent of County 11 2 Entire Agreement This Agreement and those documents incorporated by reference herein shall constitute the entire understanding and agreement between the County and the Contractor shall supersede all prior 11 3 11 4 11 5 11 6 11 7 11 8 11 9 PAGE 621 COMMISSIONERS JOURNAL NO 57 DELAWARE COUNTY MINUTES FROM REGULAR MEETING HELD
73. s or conditions in any way or the right of either party at any time to avail itself of such remedy as it may have for any such breach of any term or condition No waiver of any right or remedy hereunder shall be effective unless expressly stated in writing by the waiving party 13 Independent Contractor Customer shall act as an independent contractor and nothing herein shall be construed to make Customer or any of its employees officers directors or representatives the agent employee or servant of EPM 14 Assignment Neither party may assign this Agreement without the prior written consent of the other party Any attempted assignment whether by divestiture operation of law change of control merger or otherwise in contravention of the above shall be null and void and of no force or effect EPM however may assign this Agreement without the Customer s consent to any third party which acquires all or substantially all of that portion of the business assets of RPM to which this Agreement pertains whether by merger reorganization acquisition sale or otherwise 15 Forum All actions arising out of or related to this Agreement must be filed in a court of competent jurisdiction in the State where the Services were delivered 16 Billing and Terms of Payment Commercial billings arc in advance and prices will vary depending upon billing arrangements annual quarterly etc and a premium may apply Payment terms are net 30 days from date of
74. sion has reviewed said Plat for conformance with Delaware County Subdivision Regulations and approved said Plat on August 31 2012 NOW THEREFORE BE IT RESOLVED that the Board of Commissioners hereby approves the Plat of Little Bear Village Section 2 Lot 7577 Easement Vacation Little Bear Village Section 2 Lot 7577 Easement Vacation This plat entitled Little Bear Village Section 2 Lot 7577 Easement Vacation is recorded to release and render null and void an Easement on Lot 7577 to the previously recorded plat entitled Little Bear Village Section 2 and recorded in Official Record 960 Pages 2007 thru 2011 The revisions have been reviewed and approved by Epcon Little Bear LLC owner of Lot 7577 by Orange Township the Delaware County Sanitary Engineer the Delaware County Engineer and Delaware County Regional Planning The Recorder is hereby requested to cross reference the plat entitled Little Bear Village Section 2 recorded in Official Record 960 Pages 2007 thru 2011 Situated in the State of Ohio County of Delaware Township of Orange and in Farm Lot 4 Quarter Township 3 Township 3 Range 18 United States Military District being across Lot 7577 as the same is designated and delineated on the subdivision plat entitled Little Bear Village Section 2 of record in Official Record 960 Pages 2007 to 2011 Official Record 1118 Page 1777 Recorder s Office Delaware County Ohio Vote on Motion Mr Stapleton Aye Mr Tho
75. ted as one operating unit to diagnose and correct malfunctions effectively Therefore if a Product is covered under an Agreement all interconnected components of that product must also be covered by warranty or the same level of service that is provided under this Agreement The term of the Agreement Term between Customer and EPM shall be for one year Thereafter the Agreement can be renewed at EPM s then effective policies support plans and current price schedule for successive twelve 12 month periods each a Renewal Term The terms and conditions set forth below plus the description of services and charges contained in the EPM invoice and the provisions of the Agreement shall govern the relationship between the parties Any additional or inconsistent terms and conditions included in the Customer s purchase orders shall be deemed null and void and of no effect 1 Products Products covered by this Agreement are commercial office equipment non make or model specific used by customers in an office environment 2 Customer Responsibilities Customer will designate an authorized representative for the purpose of interacting with EPM s service personnel The Customer representative and the Customer must a provide initial problem solving assistance to site users b coordinate all requests for assistance and act as liaison with EPM service personnel c perform appropriate problem analysis and corrective actions by following troubleshooti
76. tenure or for one year there after shall have any interest direct or indirect in this MOU or the proceeds thereof RPR further agrees that it will not employ in any manner a current County employee for a minimum period of one 1 year from the completion date of this MOU without the prior express written consent of Delaware County 7 2 Independent Contractor The Parties acknowledge and agree that RPR is acting as an independent contractor and that no agency partnership joint venture or employment relationship has been or will be created between the Parties RPR also agrees that as an independent contractor RPR assumes all responsibility for any federal state municipal or other tax liabilities along with workers compensation unemployment compensation and insurance premiums that may accrue as a result of compensation received for services or deliverables rendered hereunder 7 3 Entire Agreement This MOU and all documents incorporated by reference shall constitute the entire understanding and agreement between the County and RPR shall supersede all prior understandings and agreements relating to the subject matter hereof and may only be amended in writing with the mutual consent and agreement of the parties 7 4 Governing Law This MOU shall be governed by and interpreted in accordance with the laws of the State of Ohio Any and all legal disputes arising from this MOU shall be filed in and heard before the courts of Delaware County
77. the Memorandum of Understanding Now Therefore Be It Resolved that the Delaware County Board of Commissioners approve the Memorandum of Understanding on behalf of the Delaware County Jail with Recovery amp Prevention Resources of Delaware and Morrow Counties Inc for the Delaware County Jail MEMORANDUM OF UNDERSTANDING Delaware County Jail and Recovery amp Prevention Resources PAGE 614 COMMISSIONERS JOURNAL NO 57 DELAWARE COUNTY MINUTES FROM REGULAR MEETING HELD SEPTEMBER 10 2012 This Memorandum of Understanding MOU is made and entered into by and between the Delaware County Board of Commissioners for and on behalf of the Delaware County Jail 844 US 42 North Delaware Ohio 43015 and Recovery amp Prevention Resources of Delaware and Morrow Counties Inc 118 Stover Drive Delaware Ohio 43015 RPR hereinafter collectively referred to as the Parties RECITALS WHEREAS the County has received federal grants under the Second Chance Act to provide addiction recovery treatment and mental health services to incarcerated high risk offenders diagnosed with chronic substance abuse issues or dual disorders substance abuse and mental health and WHEREAS Delaware County the fastest growing county in Ohio has experienced two decades of steady increases in the jail population as well as a surge in drug crimes and arrests and has increased its capacity from 178 beds in 2010 to 286 beds in 2011 with many incar
78. the department and the general public Individual may communicate with the public on service complaints and possible claims Individual is responsible for maintaining a positive working relationship with supervisors co workers subcontractors and other departmental personnel Vote on Motion Mr Stapleton Aye Mr Thompson Aye Mr O Brien Aye RESOLUTION NO 12 915 IN THE MATTER OF ADOPTING RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR It was moved by Mr Thompson seconded by Mr Stapleton to approve the following WHEREAS The Board of County Commissioners has passed Resolution No 07 543 to reduce the real property tax collection rate from 2 8 mills to 1 8 mills beginning with tax year 2008 for collection in year 2009 and thereafter for a continuing period of time pursuant to R C 5705 313 A and WHEREAS the Budget Commission of Delaware County Ohio has certified its action thereon to this Board together with an estimate by the County Auditor of the rate of each tax necessary to be levied by this Board and what part thereof is without and what part within the ten mill tax limitation THEREFORE BE IT RESOLVED by the Board of County Commissioners of Delaware County Ohio that the amounts and rates as determined by the Budget Commission in its certification be and the same are hereby accepted and be it further resolve
79. to the COUNTY all necessary easements or rights of way required to complete the IMPROVEMENTS all of which shall be obtained at the expense of the SUBDIVIDER All public sanitary sewers and private laterals to offsite properties shall have a recorded permanent exclusive sanitary easement on file at the Delaware County Recorder s Office the language of which shall be approved by the DELAWARE COUNTY SANITARY ENGINEER The dimensions of all easements shall be as shown on the approved engineering drawings If due to unforeseen circumstances during construction activities the SUBDIVIDER wishes to install the proposed sanitary sewer mains or service laterals to a different location than shown on the approved and signed construction plans the SUBDIVIDER shall request a revision to the construction plans and the SANITARY ENGINEER shall evaluate this request If the request for a revision is approved in writing by the SANITARY ENGINEER SUBDIVIDER shall provide and record revised permanent exclusive sanitary sewer easements prior to the COUNTY S acceptance of the sewer The language and dimensions of the revised permanent exclusive sanitary sewer easements shall be acceptable to the SANITARY ENGINEER The COUNTY shall upon certification in writing from the DELAWARE COUNTY SANITARY ENGINEER that all construction is complete according to the plans and specifications by Resolution accept the IMPROVEMENTS described herein and accept and assume operations an
80. ts in batch numbers CMAPRO0907 memo transfers in batch numbers MTAPRO907 and Purchase Orders as listed below Vendor Description Account Amount PO Increase AEP Regional Sewer District 66211903 5338 50 000 00 John Deere Financial EMS Department 10011303 5228 8 000 00 Vote on Motion Mr Stapleton Aye Mr Thompson Aye Mr O Brien Aye RESOLUTION NO 12 897 IN THE MATTER OF A LIQUOR LICENSE TRANSFER REQUEST FROM THOMAS AND KING INC TO FIESTA JALISCO II LLC DBA FIESTA JALISCO AND FORWARDING TO THE OHIO DIVISION OF LIQUOR CONTROL WITH NO OBJECTIONS AND NO REQUEST FOR A HEARING It was moved by Mr Thompson seconded by Mr Stapleton to approve the following resolution Whereas the Ohio Division of Liquor Control has notified both the Delaware County Board of Commissioners and the Liberty Township Trustees that Fiesta Jalisco II LLC DBA Fiesta Jalisco has requested a transfer of the D5 and D6 permit from Thomas and King Inc both located at 9762 Sawmill PKY Liberty Township Powell Ohio 43065 and Whereas the Delaware County Board of Commissioners has found no reason to file an objection Therefore Be it Resolved The Clerk of the Board shall complete the necessary forms and notify the Ohio Division of Liquor Control that no objections are made and no hearing is requested by this Board of County Commissioners Vote on Motion Mr O Brien Aye Mr Thompson Aye Mr Stapleton Aye PAGE 608 COMMISSIONERS JOURNAL NO 57 DELAWARE COUNTY
81. ty to read understand and explain information gathered from technical manuals for hardware and software and manufacturers technical bulletins for discovered bugs and fixes Knowledge of compliant measures required when dealing with the occupational health amp safety administration standards connected with general maintenance operations including confined space lock out tag out crane and hoist safety and fall protection Knowledge of arc flash regulations and compliance with the standards set forth in NFPA 70E standard for electrical safety in the workplace manual Knowledge of applicable federal state and local rules and regulations concerning water and wastewater issues Ability to distinguish the different locations of each facility in the sewer district and to follow a proper time management plan to ensure that all assigned work is completed in a timely manner Knowledge of wastewater treatment processes and associated equipment Knowledge of chemicals used in the wastewater treatment process Ability to define and solve problems collect data establish facts draw valid conclusions using judgment and analytical skills PAGE 630 COMMISSIONERS JOURNAL NO 57 DELAWARE COUNTY MINUTES FROM REGULAR MEETING HELD SEPTEMBER 10 2012 Ability to distinguish between the full ranges of colors in the color spectrum to work with electrical wiring Ability to troubleshoot controls and instrumentation throughout syste
82. will be publicly opened and read and multiple award contracts awarded as soon as possible for the purchase by spot market pricing of bulk Gasoline and Diesel Fuels for Delaware County Each bid must contain the full name of every person or company interested in same and be accompanied by an acceptable bid bond or certified check in the amount of 500 made payable to Delaware County Ohio Bid specifications may be obtained by contacting the Delaware County Facilities Management Office at 740 833 2280 email jmelvin co delaware oh us or in person at 1405 US 23 North Delaware Ohio during normal business hours The County reserves the right to reject any and all bids in whole or in part to waive any defect in any or all bids to accept the bid or part it deems to be the lowest and best Bids shall be submitted in a sealed envelope marked Sealed bid for Bulk Gasoline and Diesel Fuels No bid shall be withdrawn for a period of sixty 60 days after being publicly opened and read Delaware County Commissioners Jon Melvin Manager of Facilities Ad Date 09 13 2012 Vote on Motion Mr Stapleton Aye Mr O Brien Aye Mr Thompson Aye PAGE 624 COMMISSIONERS JOURNAL NO 57 DELAWARE COUNTY MINUTES FROM REGULAR MEETING HELD SEPTEMBER 10 2012 RESOLUTION NO 12 912 IN THE MATTER OF APPROVING THE MAINTENANCE SERVICE CONTRACT BETWEEN THE DELAWARE COUNTY BOARD OF COMMISSIONERS AND EASTMAN PARK MICROGRAPHICS INC FOR THE PROSTAR II PROCESSOR

September 10 - Delaware County, Ohio

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