I. BUSINESS MEETING - 4:30pm COUNCIL CHAMBERS – LOWER LEVEL

3. EXECUTIVE SESSION -Under the authority of O.R.C. 121.22 (G) (1) To consider the appointment or employment of a public employee or official; and under the authority of O.R.C. 121.22 (G) (2) To consider the purchase of property for public purposes, or for the sale of property at competitive bidding, if premature disclosure of information would give an unfair competitive or bargaining advantage.

1. Ordinance No. O2013-73, an ordinance consenting to the completion of a project to plane and resurface a portion of State Route 4 and a portion of State Route 122 by the Ohio Department of Transportation. (2nd Reading)

2. Resolution No. R2014-01, a resolution to make adjustments to appropriations for current expenses and other expenditures of the City of Middletown, Counties of Butler and Warren, State of Ohio, for the period ending December 31, 2014 (Nuisance Abatement Fund) and declaring an emergency.

3. Ordinance No. O2014-01, an ordinance authorizing a contract with ReliaStar Life Insurance Company for administration of the City’s employee health care stop loss program and declaring an emergency.

4. Ordinance No. O2014-02, an ordinance establishing a procedure for and authorizing an amendment to the contract with Rack & Ballauer Excavating, Co. for the 2013 Local Street Improvement Project – Phase 2 and declaring an emergency.

5. Ordinance No. O2014-03, an ordinance establishing a procedure for and authorizing a contract with Howell Contractors, Inc. for the repair of the North Interceptor Sewer and declaring an emergency.

6. Ordinance No. O2014-04, an ordinance establishing a procedure for and authorizing a contract with JW Devers & Son, Inc., for the purchase of a dump truck body. (1st Reading)

7. Ordinance No. O2014-05, an ordinance establishing a procedure for and authorizing a contract with the Community Building Institute. (1st Reading)

8. Ordinance No. O2014-06, an ordinance establishing a procedure for and authorizing an extension of a contract with ABL Management, Inc. for jail food service. (1st Reading)

MIDDLETOWN CITY COUNCIL AGENDA , January 7, 2014 It is the policy of the City of Middletown to make all public hearings and meetings accessible to all persons, in accordance with state and/or federal laws. If you have a disability which requires accommodation in order for you to attend and/or participate in this meeting, please contact us at 425-7831 at least forty-eight hours prior to the time of the meeting to advise us of the need for accommodation, and reasonable efforts shall be made to provide the same. This agenda may be accessed on the City of Middletown website at: http://www.cityofmiddletown.org

2. CITY MANAGER REPORTS

3. CONSENT AGENDA. . . Matters listed under the Consent Agenda are considered to be routine and will be enacted by one motion and one vote of consent. There will be no separate discussion of these items. If discussion is desired, that item will be removed and considered separately.

(a) Approve City Council Minutes: December 17, 2013

(b) Receive and File Board and Commission Minutes:

(c) Confirm Board & Commission Appointments:

(d) Receive & File Oaths of Office:

ORDINANCE NO. O2014-05

AN ORDINANCE ESTABLISHING A PROCEDURE FOR AND AUTHORIZING A FIVE YEAR CONTRACT WITH THE COMMUNITY BUILDING INSTITUTE.

WHEREAS, the City owns and operates the Robert “Sonny” Hill, Jr. Community Center; and

WHEREAS, personnel changes and budget constraints have impacted the

City’s ability to continue effective operation of the Community Center; and

WHEREAS, the Community Building Institute has offered to assume the dayto-

day operation of the Community Center;

NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of

Middletown, Butler/Warren Counties, Ohio that:

Section 1

The City Manager without complying with the procedures of Chapter 735 of the

Ohio Revised Code is authorized to enter into a five year contract for the day-to-day operation of the Robert “Sonny” Hill, Jr. Community Center with the Community Building Institute, in a form substantially similar to the one attached hereto as Exhibit “A”.

Section 2

For said purpose the Director of Finance is hereby authorized and directed to

pay a sum as budgeted in calendar years 2014, 2015, 2016, 2017 and 2018 from the General Fund (#100).

Section 3

City Council hereby determines that the procedure to be followed in the award

and execution of the aforesaid contract shall consist solely of the procedure set forth in this ordinance and the provisions of Chapter 735 of the Ohio Revised Code shall not be applicable to the award and execution of the aforesaid contract.

Section 4

It is hereby determined that the subject matter of this legislation is not of a

general and permanent nature, does not provide for a public improvement, and does not assess a tax or payment.
Section 5

This ordinance shall take effect and be in force at the earliest time permitted by

law.

___________________________

Lawrence P. Mulligan, Jr., Mayor

1st Reading: January 7, 2014

2nd Reading:______________

_

Adopted:_________________

Effective:_________________

Attest:________________________

Clerk of City Council

H:/Law/leg/2014 Leg/O Contract with Community Building Institute.doc

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For Business Meeting: January 7,2014

S T A F F R E P O R T

DATE December 4, 2013

TO: Judy Gilleland

FROM: Doug Adkins, Director, Community Revitalization

Management at the Community Center

To authorize the City Manager to enter into a contract with the Community Building Institute to provide management of the Robert “Sonny” Hill Jr. Community Center.

PURPOSE

With the retirement of long time Community Center Director Ceal Thompson, the City hired Joel Gross to assume management of the Center. Under Joel’s direction, the Center has undergone expansion of programming and interior renovations during the past year and a half. One of the key local partners with the Center during this time has been the Community Building Institute. Under partnership with CBI, the annex was completely renovated, new digital signage was added to the front of the building, and several new programs were added to the Center’s offerings.

BACKGROUND AND FINDINGS

Joel has accepted a new position and left employment with the City on December 6, 2013. At the same time, due to City budget issues and layoff of public safety personnel, it was necessary to cut funding at the Community Center for 2014. With the loss of the Director and reductions in funding, CBI approached the City to assume day to day operation of the Center. This alternative offers several advantages to the City. First, CBI is well respected in the community and already partners with the Center and many local nonprofit and religious organizations as part of their operation. The community knows and trusts them. Second, CBI is well versed in offerings at the Center and has been an active partner offering programming and funds for renovations. Third, CBI can assume management of the Center by January 1, 2014. With limited funding at the Center,

there is no succession plan in place for Joel’s departure and CBI offers a quick, efficient manner to continue operations seamlessly. Fourth, under the contract being finalized, the City will be able to expand programming at the Center while reducing the General Fund subsidy for 2014 and subsequent years. This ensures a stronger Center with less General Fund contributions by the City. The City has signed a 90 day interim agreement with CBI to assume control of the Center on January 1, 2014. With the departure of the current Director, the City needed a transition plan to continue operations while a permanent solution is put in place.

Staff is seeking authorization to enter into a five year, long term contract with CBI for management of the Community Center. The draft contract currently being negotiated into final form is attached

SUBJECT 2 for review.

Do not authorize a long term contract. Staff can advertise to refill the Director position and continue with City staffing.

ALTERNATIVES

The long term contract will reduce the General Fund subsidy of the Center in 2014.

FINANCIAL IMPACTS

Conforms to City policy

CONFORMITY TO CITY POLICY

Staff recommends authorizing the City Manager to enter into a five year contract with the

Community Building Institute for management of the Robert “Sonny” Hill Jr. Community Center.

RECOMMENDATION

This is a non-emergency item.

EMERGENCY/NON EMERGENCY

3 This Community Center Management Agreement (“Contract”) is made and entered into effective as of the 1

COMMUNITY CENTER MANAGEMENT AGREEMENT

st

WHEREAS, the City of Middletown, Ohio desires to make available certain recreational and social services to its residents at the Sonny Hill Community Center (“Center”) located at 800 Lafayette Avenue, Middletown, Ohio 45044; and day of January, 2014 by and between COMMUNITY BUILDING INSTITUTE, an Ohio [nonprofit?], whose principal place of business is located at [ business address] (“CBI”) and the CITY OF MIDDLETOWN, Ohio, an Ohio Municipality whose principal place of business is located at City of Middletown , One Donham Plaza, Middletown, Ohio 45042 (“City”).

WHEREAS, the CBI desires to provide certain recreational and social services to the City at the Center as more fully described herein; and

WHEREAS, the City of Middletown and CBI desire to expand operations at the Center to a point that the Center will be financially self-supporting by the end of the Contract term;

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and for the covenants contained herein, the undersigned hereby agree as follows:

1. CBI Requirements

A. The Center will operate with standard hours no less than: . Starting as soon after January 1, 2014 as is practical, CBI will provide turnkey services for the Center, keeping the Center open and available to the general public, as follows:

Monday – Thursday: 8am – 11am and 2pm – 8pm

Friday: 2pm – 6pm

and will offer weekend programming as later agreed between the parties. Standard hours may later be adjusted by agreement between the parties.

B. CBI will develop programming of a social and recreational nature for all age

groups, from pre-school up to adults. The City shall review and approve CBI

programming and will not unreasonably withhold its approval. Details of

programming will depend on funding, staffing, and City interests. CBI will

receive City approval before implementation of new programming.

C. CBI will provide rental opportunities throughout the Center as available. The

City and CBI will agree on rental paperwork, policies and procedures. Rental

income generated at the Center will be held by CBI and utilized for

operations at the Center.

D. CBI will be responsible for general maintenance and upkeep of the facility

including utilities and equipment repairs. Major building or equipment

repairs or replacements over $5,000 shall be considered capital expenses and

shall be handled consistent with Section 2(C) below.

E. CBI will allow the City to schedule at least six public events during each

calendar year at no charge to the City. These events will be scheduled in a

manner as to not interfere with existing Center programming. CBI will strive

to accommodate the City’s use of the Center at requested dates and times.

E. CBI will apply for and utilize grant opportunities to expand programming

opportunities to the public. CBI may sell advertising space and/or

sponsorship of space or activities. CBI will be responsible for grant

administration and/or contracts for advertising and/or sponsorship and will

hold any funds generated as a result of grants, advertising, or sponsorship to

be utilized for operations at the Center.

F. Media releases, public announcements, and public disclosure regarding the

Center shall be coordinated between CBI and the City prior to any release.

G. Fees and Reimbursements. CBI shall invoice the City $8,333.33 per month

for Management Services during the term of the contract.

2. City Requirements

A. The City will contribute $100,000 annually towards Center operations,

payable in monthly installments of $8,333.33 to CBI.

.

B. Grants and/or donations to Center operations during the contract term will be

in the name of and under the control of CBI. Such grants and/or donations

will be considered additional annual consideration in support of Center

operations over and above the contribution listed in Section 2(A) above.

C. Capital needs including major building and equipment repairs shall be the

responsibility of the City, over and above the annual contribution listed in

Section 2(A) above, and subject to City Council appropriation of funds for

this purpose. The City agrees to use any carryover funds from the City 2013

Community Center budget to improve the facility in 2014.

D. Within two weeks of execution of this agreement, the City will apply for,

expedite approval as appropriate, and hold a beer/wine sales liquor permit for

the Center. The City will work with CBI staff to develop and implement

appropriate Center policies and procedures to protect the City from liability

associated with liquor sales and consumption at the Center. If the City fails

to obtain a liquor permit for Center operations by choice or because such

permit is otherwise unavailable, the City agrees to increase the annual

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contribution listed in Section 2(A) from $100,000 annually to $115,000

annually.

E. CBI will provide operational reports as needed to the Community

Revitalization Department. The City will review and must approve

operational hours, policies, procedures and programming presented by CBI

for the Center. The City will not unreasonably withhold its approval of CBI

operational decisions.

3. Term

4.

. This Contract shall be in effect for five (5) years from the effective date,

however, either side may terminate this Contract for any reason in writing upon onehundred-eighty (180) days written notice.

Conditions

5.

. The City is committed to the Center. However, under Ohio law, the City

may not bind future Council’s ability to appropriate funding levels. If a future City

Council does not appropriate funding as described in Section 2(A) above during the

contract term in Section 3, CBI may terminate this contract in writing upon the

exhaustion of City funding.

Personnel

6.

. CBI shall be solely responsible for personnel staffing at the Center.

Current city employees at the Center shall be laid off as of January 1, 2014. The City

will pay unemployment costs incurred due to City lay off of existing Center

employees.

Insurance

7.

. CBI shall maintain a $2,000,000 commercial general liability insurance

policy. To the extent permitted by Ohio Law, CBI shall indemnify and hold the City

harmless for any and all injuries, losses, etc. which result solely from the operation of

the Center. The foregoing shall not be construed as an obligation to indemnify,

defend or hold harmless the City for the City’s losses arising out of the City’s

negligent acts or of its officers, agents, employees or volunteers.

Entire Agreement

8.

. This Contract constitutes the entire agreement between the parties

pertaining to its subject matter and supersedes all prior and contemporaneous

agreements, representations and understandings, whether written or oral, explicit or

implied, of the parties. No agreements or representations, oral or otherwise, express

or implied, with respect to the subject matter hereof have been made by either party

which are not set forth expressly in this Contract. No provisions of this Contract may

be modified, waived or discharged unless such waiver, modification or discharge is

agreed to in writing signed by City and CBI. No waiver by either party hereto at any

time of any breach by the other hereto of, or compliance with, any condition or

provision of this Contract to be performed by such other party shall be deemed a

waiver of similar or dissimilar provisions or conditions at the same or at any prior or

subsequent time.

Notices. All notices required to be given hereunder shall be in writing. Notices shall

be considered delivered and effective upon receipt when sent by registered or

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certified mail, postage pre-paid, return receipt requested, addressed to the parties as

set forth above. Either party, upon written notice to the other, may change the

address to which future notices shall be sent.

9. Governing Law. The rights and duties of the parties hereto shall be determined by

the laws of the State of Ohio, and to that end this Contract shall be considered as a

contract made and to be performed in Butler County and the State of Ohio.

10. Enforceability

11.

. Any provision of this Contract which is deemed invalid, illegal or

unenforceable in any jurisdiction, shall, as to that jurisdiction, be ineffective to the

extent of such invalidity, illegality or unenforceability, without affecting in any way

the remaining provisions hereof in such jurisdiction or rendering that or any other

provisions of this Contract invalid, illegal or unenforceable in any other jurisdiction.

If any covenant should be deemed invalid, illegal or unenforceable because its scope

is considered excessive, such covenant shall be modified so that the scope of the

covenant is reduced only to the minimum extent necessary to render the modified

covenant valid, legal and enforceable.

Counterparts

_______________ By: ___________________________

. This Contract may be executed in one or more counterparts, each of

which shall be deemed to be an original but all of which together will constitute one

and the same instrument.

Date On Behalf of CBI

_______________ By: ___________________________

Date On Behalf of the City of Middletown

City hands over operations at community center to CBI