Resolution 2016-16 Winter Salt Contract

RESOLUTION 2016-16

A RESOLUTION AUTHORIZING PARTICIPATION IN THE ODOT WINTER CONTRACT (018-17) FOR ROAD SALT

Whereas, the Village of Apple Creek hereby submits this written agreement to participate in the Ohio Department of Transportation’s (ODOT) annual winter road salt bid (018-17) in accordance with Ohio Revised Code 5513.01(B) and hereby agrees to all of the following terms and conditions in its participation of the ODOT winter road salt contract:

Section 1. The Village of Apple Creek hereby agrees to be bound by all terms and conditions established by ODOT in the winter road salt contract and acknowledges that upon of sward of the contract by the Director of ODOT it shall be bound by all such terms and conditions included in the contract: and

Section 2. The Village of Apple Creek hereby acknowledges that upon the Director of ODOT’s signing of the winter road salt contract, it shall effectively form a contract between the awarded salt supplier and the Village of Apple Creek; and

Section 3. The Village of Apple Creek agrees to be solely responsible for resolving all claims or disputes arising out of its participation in the ODOT winter road salt contract and agrees to hold the Department of Transportation harmless for any claims, actions, expenses, or other damages arising out of Village of Apple Creek’s participation in the winter road salt contract; and

Section 4. The Village of Apple Creek herby requests through this participation agreement a total of 75        tons of Sodium Chloride (Road Salt) of which the Village of Apple Creek agrees to purchase from its awarded salt supplier at the delivered bid price per ton awarded by the Director of ODOT: and

Section 5. The Village of Apple Creek hereby agrees to purchase a minimum of 90% of its above requested salt quantities from its awarded salt supplier during the contract’s effective period of October 1, 2016 through March 31. 2017; and

Section 6. The Village of Apple Creek hereby agrees to place orders with and directly pay the awarded salt supplier on a net 30 basis for all road salt it receives pursuant to ODOT winter salt contract; and

Section 7. The Village of Apple Creek acknowledges that should it wish to rescind this participation agreement it will do so by written, emailed request by no later than Wednesday, June 1, 2016. The written, emailed request to rescind this participation agreement must be received by the ODOT office of Contract Sales, Purchasing Section email: Contracts.Purchasing@do.oio.gov by the deadline. The Department, upon receipt, will respond that it has received the request and that it has effectively removed the Village of Apple Creek participation quest. Furthermore, it is the sole responsibility of the Village of Apple Creek to ensure ODOT has received this participation agreement as well as the receipt of any request to rescind this participation agreement. The Department shall not be held responsible or liable for failure to receive a Village of Apple Creek’s participation agreement and/or a Village of Apple Creek’s request to rescind its participation agreement.

NOW, THEREFORE, be it ordained by the Village of Apple Creek that this participation agreement for the ODOT winter road salt contract is hereby approved, funding has been authorized, and Village of Apple Creek agrees to the above terms and conditions regarding participation on the ODOT winter salt contract.

Passed: May 16, 2016

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