2023-34 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF VERMILION, OHIO TO ENTER INTO A CONTRACT WITH CDM SMITH OF CLEVELAND, OHIO FOR THE VERMILION WATER POLLUTION CONTROL FACILITY DESIGN SERVICES, CONTINGENT UPON THE AWARD AND RECEIPT OF LOAN PROCEEDS FROM THE OHIO EPA AND/OR ASSOCIATED ENTITIES; AUTHORIZING THE FINANCE DIRECTOR TO MAKE PAYMENT IN AN AMOUNT NOT TO EXCEED SIX MILLION NINE HUNDRED THOUSAND DOLLARS ($6,900,000.00) TO SAID AWARDEE AND DECLARING AN EMERGENCY.
WHEREAS, City Council, at their meeting of October 4, 2021, adopted Ordinance 2021-63, which authorized CDM Smith of Cleveland, Ohio to provide the Vermilion Water Pollution Control Facility - Wastewater Master Planning Engineering Services; and
WHEREAS, CDM Smith and the City are currently in the application process for loan proceeds from the Ohio EPA and/or associated entities in order to fund the design services for the Vermilion Water Pollution Control Facility Improvements (“Project”); and
WHEREAS, in order for this Project to proceed in a timely manner, the City must approve a contract with CDM Smith of Cleveland, Ohio, for design services, with such design services to be paid through the proceeds of the loan from the Ohio EPA and/or associated entities; and
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Vermilion, Counties of Erie and Lorain, State of Ohio:
SECTION 1: That the Mayor be and hereby is authorized and directed to make and enter into a contract with CDM Smith of Cleveland, Ohio for the Vermilion Water Pollution Control Facility Design Services on behalf of the City of Vermilion, Ohio in an amount not to exceed Six Million Nine Hundred Thousand Dollars ($6,900,000.00), with payment for such Design Services contingent upon the award and receipt of loan proceeds from the Ohio EPA and/or associated entities.
SECTION 2: This Council finds and determines that all formal actions of this Council concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council and that all deliberations of this Council and of any committees that resulted in those formal actions were in meetings open to the public and in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code.
SECTION 3: That this Ordinance is hereby declared to be an emergency measure, the emergency being the necessity of addressing the “Proposed Administration Order on Consent Regarding Alleged Violations of the Clean Water Act”, thus for the public peace, health, and safety of the City; wherefore, this Ordinance shall take effect immediately upon its passage and approval of the Mayor, providing it meets the statutory requirements for passage; otherwise, it shall take effect and be enforced from and after the earliest period allowed by law.