Ordinance 2015-26

AN EMERGENCY ORDINANCE
AUTHORIZING AND DIRECTING THE MAYOR AND PRESIDENT OF COUNCIL
TO ENTER INTO A REIMBURSEMENT AND ACCESS AGREEMENT
Between Mayfield Village, Ohio and THE MAYFIELD CITY
SCHOOL DISTRICT REGARDING REIMBURSEMENT for
any and all monies paid by the Village WITH the
performance of Alternate #1 OF THE
CONTRACT WITH SEITZ BUILDERS, INC

WHEREAS, on September 8, 2015, the Village entered into a contract with Seitz Builders, Inc. (“Seitz”) for the performance of certain work in connection with the project known as the Mayfield Village Community Room Project, including the demolition and construction of the Mayfield Village Community Room and other improvements on certain real property owned and utilized by the Village;

WHEREAS, the Contract contemplates an alternate to the Contract, “Alternate #1 – MCES Site Improvements Located on Center Elementary School Site,” for certain site improvements to be made on the real property owned by the District at the Mayfield Center Elementary School site, including all related labor, materials, equipment and services required to complete such work;

WHEREAS, a change order, Change Order 001, dated September 24, 2015, has been issued adding Alternate #1 to the Contract, thereby increasing the total cost of the Contract by approximately $75,000.00 to be paid by the Village; and

WHEREAS, the District authorizes access to its real property for the completion of Alternate #1, and desires to repay the Village in full for the cost of Alternate #1, understanding that the Village would not otherwise agree to the issuance of Change Order 001 and payment to Seitz for Alternate #1.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF MAYFIELD VILLAGE, OHIO, THAT:

SECTION 1. Council authorizes the Mayor and President of Council to enter into the Reimbursement and Access Agreement with the Mayfield City School District, a copy of the Agreement is attached as Exhibit “A” and incorporated by reference.

SECTION 2. Council finds and determines that all formal actions of this Council relating to the adoption of this Ordinance have been taken at open meetings of this Council; and that deliberations of this Council and of its committees, resulting in such formal action, took place in meetings open to the public, in compliance with all statutory requirements including the requirements of Section 121.22 of the Ohio Revised Code.

SECTION 3. This Ordinance is hereby declared to be an emergency measure immediately necessary for the health, safety and welfare of the residents of Mayfield Village, Ohio. It shall, therefore, take effect immediately upon the passage by the affirmative vote of not less than five (5) members elected to Council and approval by the Mayor or otherwise at the earliest time allowed by law.