TROY OHIO  AGENDA, TROY CITY COUNCIL MONDAY, JULY1.2024700PM COUNCIL CHAMBERS, CITY HALL  INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PUBLICHEARING COMMITTEE REPORTS RESOLUTIONS R-33-2024 R-34-2024 R-35-2024 R-36-2024 ORDINANCES 0-25-2024 0-26-2024 0-27-2024  Excuse Mr. Phillips  motion/secondroll call vote motion/secondroll cally vote  Resolution No. R-33-2024- 2025 Tax Budget  SUMMARY OF MINUTES June 17, 2024 Meeting  Citizen comments on committee reports or agenda items -t twor minute limit  2025 Tax Budget  EMERGENCY  1stReading 1st Reading 1SF Reading 1#Reading 1stReading 1sReading 1St Reading  Authorize bidding, WWTP Sludge Thickening Tanks Drive Unit Replacement Project, $340,000 Authorizing bidding, Police Department Building Boiler Replacement Project, $120,000  OML Natural Gas Program for City Facilities Release Lien, Jay & Lisal Harris, 95 S. Market Street  EMERGENCY  Agreement w/Can't Stopl Running Co/Notwithstanding: regarding Tour De Donut Agreement w/Troy Main Street, Inc.Notwtnstanding: regarding Donut. Jam  August 23 and24 August 23 and 24  COMMUNICATIONS/ANNOUNCEMENT  COMMENTS: Mayor, Director of Public Service & Safety, Director ofLaw, Auditor, Council President  COMMENTS: Council COMMENTS: Staff COMMENTS: Audience ADJOURN  NOTE: Committee meetings mayt take place priort to ori following Council meeting  CITY OF TROY MISSION STATEMENT:  Through sound and prudent leadership, the City of Troy is committed to sustaining its continued, prominence as a regional hub by providing a well-Dalanced community for its residents, businesses and visitors, consisting of a vibrant downtown, growing economic base, strong educational environment, and plentiful recreational opportunities strengthened by public/private cooperation and grounded in  financial stability.    DISPOSITION OF ORDINANCES AND RESOLUTIONS  COUNCIL MEETING  Date of Meeting: July1, 2024 DESCRIPTION 2025 Tax Budget Bid WWTP Sludge Thickening Tanks Drive Unit Replacement Project Bid Boiler Replacement Project for Police Dept. Building OMLNaurarcas7 Aggregaton Programior City Facilities  RESOLUTION NO. 1st READING 2nd Reading 3rd Reading PUBLIC HEARING SUSPENSION  ADOF  R-33-2024 R-34-2024 R-35-2024 R-36-2024  E  DESCRIPTION Release Lien 9S Market St. AgremenuNowinstanding Cant Stop Running Aug 23/24 glemenrolrsanng Troy Main Street Aug 23/24  ORDINANCE NO. 1st READING 2nd Reading 3rdF Reading PUBLIC HEARING SUSPENSION  ADOF  0-25-2024 0-26-2024 0-27-2024  -    June 17, 2024  MINUTES OF COUNCIL  A regular session of Troy City Council was held on Monday, June 17, 2024, at 7:00 p.m. in Council Chambers, City  Hall.  Members Attending: Phillips, Pierce, Schilling, Severt, Snee, Twiss, Westfall and' Whidden.  (Note - Mr. Twiss was in attendance at 7:02 p.m.)  Upon motion of Mr. Schilling, seconded byl Mr. Whidden, Mrs. Marshall was excused from this meeting by unanimous  roll call vote. Presiding Officer: Others Present:  William G. Rozell Robin I. Oda Patrick E. J. Titterington Grant D. Kerber John E. Frigge  President of Council Mayor Director ofl Law Auditor  Director of Public Service and Safety  INVOCATION & PLEDGE OF ALLEGIANCE: Ani invocation was given by Council Member Phillips, followed by the MINUTES: The Clerk gave as summary of the minutes of the. June 3, 2024, meeting of Troy City Council. There were no corrections or additions to these minutes. Upon motion of Mr. Whidden, seconded by Mr. Pierce, the minutes Community Partnerships Committee: Mr. Severt reported that Committee recommends that legislation be prepared approving a Resolution supporting the Ohio Commission for the United States Semiquincentennial (AMERICA250- OH) and authorizing the Director of Public Service and Safety to execute any related documents. The Ohio Commission for the United States Semiquincentennia. AMERICA250-OH) has been formed to celebrate the country's 250th anniversary and the City will be in partnership with The Troy Foundation, the Troy Area Chamber of Commerce, the Troy City Schools, Troy Main Street, Inc., and the Activate Troy Partnership (ATP) in proposing programs, projects and events to celebrate the anniversary: and to provide educational opportunities to acknowledge and celebrate the contributions of Ohioans to the nation over the past 250 years, and to inspire future leaders to  Pledge of Allegiance.  were approved by unanimous roll call vote. COMMITTEE REPORTS:  follow in their footsteps.  Report submitted by Severt, Twiss and Marshall. Finance Committee: Mr. Severt, Chairman, reported as follows:  1. Committee recommends legislation be prepared authorizing the approval of a SBD Loan to Harris Jewelers, Inc. based on the terms recommended by the Loan Review Committee, as noted in the detailed report, and that the Director of Public Service and Safety be authorized to execute any related documents. The new loan of $450,000 will assist with the renovations for the recently purchased building at 1780 W. Main Street. Committee supports emergency legislation sO that the loan can be approved, and the project proceeds 2. Committee recommends that legislation be prepared authorizing the approval of a $150,000 ED RLF Loan to A. M. Scott Distillery, LLC based on the terms recommended by the Loan Review Committee, and that the Director ofP Public Service and Safety be authorized to execute any related documents. The loan to Anthony Scott and Jessica Nielsen, on behalf of A. M. Scott Distillery, LLC, is for funds to finance the purchase of additional restaurant equipment at their location at 9 W. Main Street. Committee further supports emergency legislation sO 3, Committee recommends that legislation be prepared approving ther requested mortgagel lien subordination fort the SBD loan made to 107 W Main LLC and authorizing the Director of Public Service and Safety to execute a Subordination Agreement as recommended by the Loan Review Committee. This will allow the owner to secure additional funding from Minster Bank tot finish second floor renovations, the costs of which are higher than initially anticipated. The City's loan will be adequately secured. This does not commit any additional City funds. Committee supports emergency legislation so that the subordination process can be completed with both 107W Discussion. Mr. Pierce asked for clarification regarding why 107 W. Main LCC sought an additional loan, with  without delay.  that the loan can be approved and the project proceeds without delay.  Main LLC and Minster Bank as soon as possible and there is no delay to the project. Mr. Titterington stating there were some inflationary issues with some of materials  Reports submitted by Schilling, Westfall and Severt. Family Dollar #: 32647, 924 N. Market Street.  Law & Ordinance Committee: Mr. Whidden, Chairman, gave an oral report that the Ohio Division of Liquor Control has transmitted the notice of the application for a new C1 Liquor Permit for Family Dollar Stores of Ohio LLC, dba    June 17,2024 Page Two  CITIZEN COMMENTS ON AGENDA ITEMS: None.  RESOLUTION NO. R-30-2024  RESOLUTION. APPROVING THE APPLICATION OF HARRIS. JEWELERS, INC. FORL LOAN ASSISTANCE FROM THE SMALL BUSINESS DEVELOPMENT REVOLVING LOAN FUND AND DECLARING AN EMERGENCY Mr. Pierce moved for suspension ofr rules requiring three readings. Motion seconded by Mr. Whidden.  This Resolution was given first title reading.  Yes: Severt, Whidden, Snee, Twiss, Phillips, Pierce, Westfall and Schilling. Mr. Severt moved for adoption. Motion seconded by Mr. Schilling. Yes: Whidden, Snee, Twiss, Phillips, Pierce, Westfall, Schilling and Severt.  No: None. No: None.  RESOLUTION ADOPTED  RESOLUTION NO. R-31-2024  RESOLUTION APPROVING THE APPLICATION OF A. M. SCOTT DISTILLERY, LLC FOR LOAN ASSISTANCE FROM THE CDBG ECONOMICD DEVELOPMENT REVOLVING LOAN FUND AND DECLARING AN EMERGENCY Mr. Pierce moved for suspension ofr rules requiring three readings. Motion seconded by Mr. Phillips.  This Resolution was given first title reading.  Yes: Snee, Twiss, Phillips, Pierce, Westfall, Schilling, Severt and' Whidden. Mrs. Snee moved for adoption. Motion seconded by Mr. Pierce. Yes: Twiss, Phillips, Pierce, Westfall, Schilling, Severt, Whidden and Snee.  No: None. No: None.  RESOLUTION ADOPTED  RESOLUTION NO. R-32-2024  A RESOLUTION OF THE CITY OF TROY, STATE OF OHIO, SUPPORTING THE OHIO COMMISSION FORTHE  UNITED STATES SEMIQUINCENTENNAL AMERICA250-OH) This Resolution was given first title reading.  Mr. Phillips moved for suspension of rules requiring three readings. Motion seconded by Mr. Schilling.  Yes: Phillips, Pierce, Westfall, Schilling, Severt, Whidden, Snee and Twiss. Mr. Twiss moved for adoption. Motion seconded by Mr. Pierce. Yes: Pierce, Westfall, Schilling, Severt, Whidden, Snee, Twiss and Phillips.  No: None. No: None.  RESOLUTION ADOPTED  ORDINANCE NO. 0-24-2024  ORDINANCE SUBORDINATINGAMGAMORTGAGELIENI FOR1071 W'MAINLLC AND DECLARING, AN EMERGENCY  This Ordinance was given first title reading.  Mr. Pierce moved for suspension of rules requiring three readings. Motion seconded by Mr. Phillips.  Yes: Snee, Whidden, Severt, Schilling, Westfall, Pierce, Phillips and' Twiss. Mr. Phillips moved for adoption. Motion seconded by Mr. Pierce. Yes: Whidden, Severt, Schilling, Westfall, Pierce, Phillips, Twiss and Snee.  No: None. No: None.  ORDINANCE ADOPTED  COMMENTS OF MAYOR ODA: The Mayor noted that summer concerts will be commencing this week. COMMENTS OF THE DIRECTOR OF PUBLIC SERVICE. AND SAFETY: Mr. Titterington commented; -The Troy Aquatic Park has already exceeded 1,000 in attendance twice since opening, with the concession having two of thel largest concession days since opening in 2005. Mr. Titterington noted that the budget includes fundingt to  -City offices will be closed for. July 4; refuse collections will be on schedule. start to evaluate the expansion or improvements to the pool.    June 17, 2024 Page Three  COMMENTS OF COUNCIL MEMBERS:  -Mr. Pierce commended those involved inj planning the. Juneteenth Celebration held on June 15.  -Mr. Severt noted that the Councimempersalaye will host an open meeting on July 13, 9:00 a.m., Troy Senior  Citizens Center.  There being no further business, Council adjourned at 7:24 p.m.  Clerk of Council  President of Council    COMMITTEE REPORT TROYCIYCOUNCIL  TO: FROM:  Mr. Rozell, President of Council Buildings & Utilities Committee  DATE: June2 24, 2024  SUBJECT: BIDDING AUTHORIZATION, SLUDGE THICKENING TANKS DRIVE UNIT REPLACEMENT PROJECT  FOR THE WASTEWATER TREATMENT PLANT  SUMMARY REPORT: (To be read at Council meeting)  Committee members Phillips and Pierce met June 241 to consider authorizing bidding for the Wastewater Treatment Plant (WWTP) Sludge Thickening Tanks Drive Unit Replacement Project. The tanks were installed in 2000, have reached the end oft their use life, and are starting to have maintenance issues. This project was included in the 2024 Budget. Itist the recommendation: oft this Committee that legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids and enter into a contract for the Wastewater Treatment Plant Sludge Thickening Tanks Drive Unit  RECOMMENDATION: (To be read at Council meeting) Replacement Project at a cost not to exceed $340,000.  Respetiulysubmited, Bobby' W. Phillips Lynne B. Snee  Samuel J. Pierce, Chairman Buildings & Utilities Committee  DETAILED REPORT:  Committee members Phillips andI Pierce met. June 24, 2024, to consider authorizing bidding for the Wastewater Treatment Plant (WWTP) Sludge Thickening Tanks Drive Unit Replacement Project. Also attending the meeting were Mayor Oda, Council Members Severt, Westfall, Whidden and' Twiss, the Director of Public Service and Safety, and members of the City The City's Wastewater Treatment Plant has two circular tanks that are used to gravity thicken sludge prior to processing. The motor and gear drives that turn the sludge collector assemblies in these tanks were installed in 2000 and have reached the end of their useful life. The internal seals in these drives have deteriorated and are now allowing water to penetrate into the oil. Due to the age of the drives, it is recommended that they be replaced to ensure reliability. Funding was Itist the recommendation oft this Committee that legislation be prepared authorizing thel Director of Public Service and Safety to advertise for bids and enter into a contract for the Wastewater Treatment Plant Sludge Thickening Tanks Drive Unit  staff.  included in the 2024 WWTP Budget (Fund 711.672) for this project at a cost not to exceed $340,000.  RECOMMENDATION:  Replacement Project at a cost not to exceed $340,000.  Cc: Council, Mayor, Director of Law, Auditor, Clerk, Director ofF Public! Service & Safety, Media, staff    COMMITTEE REPORT TROY CITY COUNCIL  TO: FROM: SUBJECT:  Mr. Rozell, President of Council Buildings & Utilities Committee  DATE: June 24, 2024  BIDDING AUTHORIZATION, POLICE DEPARTMENT BOILER REPLACEMENT PROJECT  SUMMARY REPORT: (To be read at Council meeting)  Committee members Phillips and Pierce met June 24 to consider authorizing bidding for the Police Department Building Boiler Replacement Project. The three boilers are original to the building, have exceeded their design life, and are becoming more difficult and costly to maintain. Of the budget allocation for this project, $90,000 was for equipment and installation. The current estimate is $120,000. Additional funding is available within the General Fund appropriation. Itist ther recommendation oft this Committee that legislation be prepared authorizing the Director of Public Service and Safety to advertise for bids and enter into a contract for the Police Department Building Boiler Replacement Project at a total cost  RECOMMENDATION: (To be read at Council meeting)  not to exceed $120,000.  Respectfully submitted, Bobby W. Phillips Lynne B. Snee  Samuel J. Pierce, Chairman Buildings & Utilities Committee  DETAILED REPORT:  Committee members Phillips and Pierce met June 24, 2024, to consider authorizing bidding for the Police Department Building Boiler Replacement Project. Also attending the meeting were Mayor Oda, Council Members Severt, Westfall, The three boilers at the Police Department are original tot the building, have exceeded their design life, and are becoming more difficult and costly to maintain. This project (design, equipment and installation) was included in the 2024 Police Department (101.217) budget in the total amount of $114,000. Oft that amount, $90,000 was estimated for the equipment and installation. The current estimate for the equipment and installation is $120,000. We were advised that additional Itis the recommendation of this Committee that legislation be prepared authorizing thel Director of Public Service and Safety to advertise for bids and enter into a contract for the Police Department Building Boiler Replacement Project at ai total cost  Whidden, and Twiss, the Director of Public Service and Safety, and members of the City staff.  funding for the project is available within the General Fund (Fund 101) appropriation.  RECOMMENDATION: not to exceed $120,000.  cc: Council, Mayor, Director ofl Law, Auditor, Clerk, Director of Public Service & Safety, Media, staff    COMMITTEE REPORT TROYC CITYCOUNCIL  TO: FROM: SUBJECT:  Mr. Rozell, President of Council Finance Committee  DATE: June 24, 2024  RELEASE OF MORTGAGE LIEN- -P PAYOFF OF LOAN TO. JAY AND LISA HARRIS  SUMMARY REPORT: (To be read at Council meeting)  On June 24, Committee members Westfall and Severt met to consider the release of a mortgage lien no longer needed as collateral on a 2004 loan to Jay Harris and Lisa Harris, dba Positioning by Design, as the loan has been This Committee recommends that legislation be prepared authorizing the Director of Public Service and Safety andt the Director ofLaw to take action as necessary to complete the release of the mortgage lien on the property of. Jay Harris and Lisa Harris. This Committee further supports emergency legislation so that the mortgage lien can be released  repaid int full.  RECOMMENDATION: (To be read at Council meeting)  without delay.  Respectfully submitted, Jeffey A. Schilling Susan M. Westfall Todd D. Severt, Chairman Finance Committee  DETAILED REPORT:  On June 24, 2024, Committee members Westfall and Severt met to consider the release of a mortgage lien related to a 2004 loan that has been paid in full. Also attending the meeting were Mayor Oda, Council Members Pierce, Phillips, Whidden, and Twiss, the Director of Public Service and Safety, and members of the City staff. The 2004 loan was to. Jay and Lisa Harris, dbal Positioning by Design, located at 9S. Market Street. Collateral included al lien on the real estate at 9S. Market Street. As the loan has now been repaid int full, the lien needs to be released. We note that more recent loans include a provision for the liens to be released upon payoff of the loan, without further This Committee recommends that legislation be prepared authorizing thel Director of Public Service and Safety and the Director of Law to take action as necessary to complete the release of the mortgage lien on the property of Jayl Harris and Lisa Harris. This Committee further supports emergency legislation sO that the mortgage lien can be released  Council action required. RECOMMENDATION: without delay.  cc: Council, Mayor, Director of Law, Auditor, Clerk, Director of Public Service and Safety, staff, media    COMMITTEE REPORT TROY CITY COUNCIL  TO: FROM:  Mr. Rozell, President of Council Finance Committee  DATE: June 24, 2024  SUBJECT: AGREEMENT WITH TROY MAIN STREET, INCNOTWITHSTANDING ORDINANCE FORI DONUT  JAM EVENT; AGREEMENT WITH CANT STOP RUNNING CO., FORTOURI DE DONUT EVENTI  NOTWITHSTANDING ORDINANCE  SUMMARY: (to be read at Council meeting)  On June 24, Committee members Westfall and Severt met to consider Council authorization of two agreements for events August 23 and 24 --Tour De Donut and Donut Jam. Both events include the use of public property, and one  includes the use of public property for the sale/consumption of alcoholic beverages. RECOMMENDATION: (to be read at Council meeting) Itis the recommendation of this Committee that legislation be prepared:  A. Authorizing the Director of Public Service and Safety to enter into an agreement with Can't Stop Running Co. B. Authorizing thel Director of Public Service and Safety to enter into an agreement withTroy Main Street, Inc. related  related to the Tour de Donut event (August 23/24), including notwithstanding: wording. to the Donut Jam event (August 23/24), including notwithstanding: wording.  Respectfully submitted, Jeffrey A. Schilling Susan M. Westfall Todd D. Severt, Chairman Finance Committee  DETAILED REPORT:  Committee members Westfall and Severt met June 24, 2024, to consider Council authorization of two agreements fore events August 23 and 24. Both willi include the use of public property, and one includes the use ofp public property for the sale/consumption of alcoholic beverages, commencing an hour earlier than the DORA hours start. The Committee meeting was also attended by Mayor Oda, Council members Phillips, Pierce, Twiss and Whidden, the The Tour De Donut event has been held in Troy since 2017 and is a' "unique bicycle event, where the ability of a participant to eat donuts is just as important as the ability to do a fast bicycle ride." It involves the closing of the Public Square area as well as portions of other street areas to accommodate elements of the bicycle race. There may be at few participants camping in Community Park August 23 and 24. The City enters into an agreement for Ina addition, Troy Main Street, Inc. (TMS) holds the Donut Jam event on both days. The Donut Jam is a mini festival with entertainment and food for purchase and includes a downtown concert the evening of August 23. This event provides some opportunities for local non-profit organizations to raise funds. TMS has requested to sell alcohol on August 23 during DORA hours and starting at 10:00 a.m. on August 24, which is one hour earlier than the start of the DORA hours. TMS would be required to apply for an F2 liquor permit, and meet all requirements of such permit, carry liquor liability coverage that meets the requirements oft the City, provide the security and sufficient volunteers for the  Director of Public Service and Safety, and members of the City staff.  the Tour De Donut event with the sponsor, Can't Stop Running Co.  event, and handle the other responsibilities as in prior years. Itis the recommendation: of this Committee that legislation be prepared:  RECOMMENDATION:  A. Authorizing the Director of Public Service and Safety to enter into an agreement with Can't Stop Running Co. B. Authorizing the Director of Public Service and Safety to enter into an agreement with Troy Main Street, Inc.  related to the Tour de Donut event (August 23/24), including notwithstanding wording. related to the Donut. Jam event (August 23/24), including notwithstanding wording. Council, Mayor, Director ofL Law, Auditor, Director ofP Public Service & Safety, Clerk, File, media  cc:    COMMITTEE REPORT TROY CITY COUNCIL  TO: FROM:  Mr. Rozell, President of Council Law and Ordinance Committee  DATE: June 24, 2024  SUBJECT: TREXI LIQUOR PERMIT, WALTS WORKS LLC SUMMARY REPORT: (to be read at Council meeting)  Committee members Twiss and' Whidden met. June 24 to consider a request for support of al D-1 and D-2 TREX Liquor permit application of Walts Works LLC to be located at 860 W. Market Street, Unit D, Troy, Ohio. This Committee concurs that this application is an economic development project, bringing five new) jobs to Troy. This Committee recommends that a letter of support be submitted by the Director of Public Service and Safety for the D-1 and D-2 TREXI liquor permit application as requested by Walts Works LLC. As this is not a matter of legislation, we ask that the following motion be approved: "That Council approves the Law & Ordinance Committee Report tos support the TREX application of Walt) Works LLC for 860 W. Market Street, Unit D."  RECOMMENDATION: (to be read at Council meeting)  Respectfully submitted, Kristie L. Marshall William C. Twiss  Jeffrey G. Whidden, Chairman Law & Ordinance Committee  DETAILED REPORT:  Committee members Twiss and Whidden met. June 24, 2024, to consider ai request for support of a TREXI Liquor permit application of Walts Works LLC to be located at 860 W. Market Street, Unit D, Troy, Ohio. Also attending the meeting were Mayor Oda, Council Members Pierce, Phillips and Severt, the Director of Public Service and TREX is the liquor permit process established under Ohio statutes that allows an applicant to request a transfer of a permit from an over-permitted area to an area where the quotas for a license category have been met provided that the license is for an economic development project. The application indicates thati five jobs will be created in Troy! by the new business when the owner moves itf from Tipp City. This TREX application is for permit categories D-1 (beer sales on/off premises until 1 a.m.) and D-2 (wine and pre-packaged low proof mixed beverage sales onloff premises until 1a a.m.). The Ohio Department of Liquor Control website shows that there This Committee concurs that this application is an economic development project, bringing five newj jobs to Troy. This Committee recommends that a letter of support be submitted by the Director of Public Service and Safety for the D-1 and D-2 TREX liquor permit application as requested by Walts Works LLC for the business to be located at 860 W. Market Street, Unit D, Troy, Ohio. As this is not a matter ofl legislation, we ask that thet following motion be approved: "That Council approves the Law & Ordinance Committee Report to support the TREX  Safety, and members of the City staff.  are no available D-1 or D-2 permits within the City of Troy.  RECOMMENDATION:  application of Walt Works LLC for 860' W. Market Street, Unit D."  Cc: Council, Mayor, Director ofL Law, Auditor, Director ofF Public! Service and Safety, Clerk, staff, media    COMMITTEE REPORT TROY CITY COUNCIL  TO: FROM: SUBJECT:  Mr. Rozell, President of Council Law & Ordinance Committee NATURAL GAS FOR CITY FACILITIES  DATE: June 24, 2024  PARTICIPATION IN THE OHIO MUNICIPAL LEAGUE ENERGY PURCHASING PROGRAM FOR  SUMMARY REPORT: (To be read at Council meeting) purchasing strategies of the organization. RECOMMENDATION: (To be read at Council meeting) the Participation. Agreement related to such program.  Committee members Whidden and Twiss met June 24 to consider the City becoming a party to a energy purchasing program oft the Ohio Municipal League for natural gas for City facilities. By participating, the City will benefit from the group Itis the recommendation of this Committee that legislation be prepared authorizing the City to join the Ohio Municipal League Energy Program for natural gas for City facilities and authorize the Director of Public Service and Safety to execute  Respectfully: submitted, Kristie L. Marshall William C. Twiss  Jeffrey G. Whidden, Chairman Law & Ordinance Committee  DETAILED REPORT:  Committee members Whidden and Twiss met June 24, 2024, to consider authorizing the City to become a member of the Ohio Municipal League (OML)Energy Purchasing Program for Natural Gas Aggregation for City facilities andi to enter into an agreement related to the Natural Gas Aggregation Program. Also attending the meeting were Mayor Oda, Council Members Phillips, Pierce, Whidden and Twiss, the Director of Public Service and Safety, and members of the City staff. As ar member oft the Ohio Municipal League (OML), Troy may participate in al Participation Agreement for the OML Energy Program with the OML Service Corporation (OMLSC) and the CCAO Service Corporation (CCAOSC), an Oho for-profit corporation, and OML Energy Solutions for natural gas aggregation for City facilities. By being a part of the Participation Agreement, the City will benefit from the group purchasing strategies of the OML/CCAO Service Corp. pool group. Itis the recommendation of this Committee that legislation be prepared authorizing the City to join the Ohio Municipal League Energy Program for natural gas for Cityf facilities and authorize the Director of Public Service and Safety to execute  RECOMMENDATION:  the Participation Agreement related to such program.  Cc:  Council, Mayor, Director of Law, Auditor, Clerk, Director of Public Service & Safety, Media, staff    CITYOFTROY,OHIO  RESOLUTION No. R-33-2024  RESOLUTION. ADOPTING THE BUDGETOF THECITYOF TROY, OHIO FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2025 AND DECLARING AN EMERGENCY  WHEREAS, thel budget of the City of Troy, Ohiof fort the fiscaly year 2025 has been presented tot the Council oft the City of Troy, Ohio, two (2) copies oft the same have been placed ont filei int the office of the City Auditor for publici inspection, and notice has been given by publication ofs saidf filing oft thel budget, alla as required byl law; and WHEREAS, no objections ore exceptions have been madet to said budget, andi the WHEREAS, itisr necessary to levyt taxes as designated ins said budget; NOW, THEREFORE, BEI ITI RESOLVED byt the Council oft the City ofl Troy, Ohio as SECTION!: Thatt the! budget oft the City ofTroy, Ohioi fort they year 2025i is adopted anda approved, and thatt there isl levied and should be collected for municipal purposes for they year 2025 as required by said budget, uponr real and personal property within the City of Troy, Ohio as retumed upon the grand duplicate and subject to taxation, the sum of SECTION: Thatt thel levy abover mentioned: and authorizedi forr municipalp purposes  same appears tol bec correct; and  follows:  $2,035,050.00. is appropriated as follows:  General Fund Miami Conservancy  $1,892,000 143.050 $2,035,050  SECTION I: That the City Auditor is directed to certify the above levies tot the Auditor of Miami County, Ohio ond orb beforet the 20th dayo of. July, 20241 to be placed by him SECTIONIV: That this Resolution is an emergency measure necessary for the immediate preservation oft they public peace, health, and safety ofti the City ofTroy, Ohio, in order to meet the requirements of Section 5705.30 oft the Revised Code of Ohio, and for thet further reason that this budget must! be certified tot the Auditor ofl Miami County, Ohio, on or before the 20th date of. July 2024, NOW, WHEREFORE, this Resolution shall be effective immediately upon its adoption and approval by the Mayor.  upon thet tax duplicate collected according tol law.  Adopted: Approved: Attest:  President of Council  Clerk of Council  Mayor    CITYOFTROYOBO  RESOLUTIONI No. R-34-2024  Daylan LegalB Blank. Ins.  RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CIYOFTROY.OHIOOADVERTISE FORI BIDS AND ENTER INTO A CONTRACT FOR THE SLUDGE THICKENING TANKS DRIVE UNIT REPLACEMENT PROJECT AT THE WASTEWATER TREATMENTI PLANT  WHEREAS, Council has established: ar needi tor replace the sludget thickeningt tanks NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Troy, as SECTION!: That the Director of Public Service and Safety oft the City of Troy, Ohio is hereby authorized to advertise for bids and enteri into a contract for the Sludge Thickening Tanks! Drive Unit Replacement Project at the Wastewater Treatment Plant, in accordance with the plans and specifications now oni file in the Office oft the Director of Public Service and Safety, atac cost nott to exceed" Threeh Hundred Forty" Thousand Dollars SECTIONI: Thatt this Resolution shall be effective att the earliest date allowed  drive unit att the Wastewater Treatment Plant.  follows:  and no/100 ($340,000.00). byl law.  Adopted: Approved: Attest:  President of Council  Clerk of Council  Mayor    CIYOFTROY,OHIO  RESOLUTION No. R-35-2024  Dayuntepitnt.  RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CIYOFTROVOHIO) TOA ADVERTISE FORE BIDS AND ENTER INTO A CONTRACT FOR THE POLICE DEPARTMENT BUILDING BOILER REPLACEMENT PROJECT  WHEREAS, Council has established a need to replace the three boilers at the NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Troy, as SECTION: That the Director of Public Service and Safety of the City of Troy, Ohio is hereby authorized to advertise for bids and enter into a contract for the Police Department Building Boiler Replacement Project, in accordance with the specifications now oni file int the Office of the Director of Public Service and Safety, at a cost not to exceed One Hundred Twenty" Thousand Dollars ($120,000.00). SECTION!: That this Resolution shall be effective at the earliest date allowed  Police Department Building. follows:  by law.  Adopted: Approved: Attest:.  President of Council  Clerk of Council  Mayor    CITYOFTROYOHIO  RESOLUTION No. R-36-2024  DayalepiBiat.les  RESOLUTION AUTHORIZING THE CITY OF TROY,OHIO TO BECOME AI MEMBER OF THE OHIO MUNICIPAL LEAGUE ENERGY PURCHASING PROGRAM FOR NATURAL GAS PURCHASING FOR CITY-OWNED FACILITIES, AND AUTHORIZE THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OF THE CITYOF1 TROY, OHIO TO. EXECUTE THE NATURAL GAS PARTICIPATION. AGREEMENTI FOR SECURING NATURAL GAS PRICING FOR CITY-OWNED AND CONTROLLED FACILITIES  WHEREAS, the City oft Troy, Ohiop planst toj joint the Ohio Municipal League Sèrvice Corporation (OMLSC) Natural Gas Energy Program and utilize the OMLSC ins securing WHEREAS, OMLSCI has contracted withas subsidiary ofPalmer Energy Company, Inc. to obtaini information, pricing and other assistance to the City of Troy, Ohio, in this NOW, THEREFORE, BE ITI RESOLVED by the Council of the City of Troy, as SECTION!: That the City ofTroy, Ohioi is authorizedi tob become a member oft the Ohio Municipal League Energy Purchasing Program for natural gas purchasing for City- SECTIONI!: That the Director of Public Service and Safety oft the City of Troy, Ohio is hereby authorized to execute the Participation Agreement Regarding Energy Purchasing Programs of the Ohio Municipal League for the Natural Gas Purchasing Program with the OML Service Corporation, the CCAO Service Corporation, and OML Energy Solutions, which agreement isi ins substantial conformance to' "Exhibit A" attached hereto and made a part hereof, and which agreement authorizes OMLSC and Palmer Energy Solutions to aggregate the purchasing of natural gas for participating political subdivisions, estimate the savings, and to purchase natural. gas for City-owned and SECTIONII!: That this Resolution shall be effective att the earliest date allowed  favorable natural gas pricingf fori its City-owned facilities; and  process. follows: owned facilities.  controlled facilities through thisj joint purchasing program.  byl law.  Adopted:_ Approved: Attest:  President of Council  Clerk of Council  Mayor    "Exhibit A" Committee oftheB Boardo ofParticipants.  AGREEMENTI REGARDING ENERGY PURCHASINGI PROGRAMS OFTHE OHION MUNICIPALLEAGUE  "Program" meanst thec OMLI Energy Program(s)i inv whicht theP Participant decides "Program AdministratiyeChamrges") meanst thec charges determinedi ine eachE theP Participant, then Manager andt thel Designeei in connection witht thel Program and approvedb by the Executive "Program Term", meanst thep periods specifiedi ine each! Exhibit. "Supplier" means any person, corporation, partnership or other organization withy whomt theP Participant, OMLSC( (orit itsd designee) mayc contractf fort thep purchaseo ofe energy supplies. SECTION2. MANAGEMENT AND OPERATION OF PROGRAM A. Board ofP Participants. TheE Board of Participants shall have the general oversight ofthe shall consist ofo onei representative ofe each Participant in the Program(s). Each Participant shalld designate Program and Representative: ando one Altematet tothe Board ofF Participants, such designation to beiny writing OMLSC. A Participant's voter may bec cast only byi its Representative or byi its Altematei int thea absence ofits Representative. Ifal Participant hasn moret thano onea agency ori instrumentalityi int the Program orp participates moret thanp portiono ofthe OMLE energyp programs,i itshalln nevertheless bee entitledt too only onev voteo ont theE Boardo of in B. Executive Committee ofBoard ofP Participants. TheE Board ofParticipants shall determinet number ofr members oft the Executive Committee oft the Board of Participants herein after known as the' "Executive Committee", buts such numbers shallr notbel lesst thans seveno orr moret thane eleven exclusive ofex-officio TheE Executive Committees shalle exercises allofthep powersi inc connection witho oversighto 1. Itshall oversees andn managet theo operationo ofthe Program. 2. ltmay adopt policies and procedures supplementing the general terms concerningt thep purchase ofnaturalg gasore clectricitys supplies, transportation andors oft this storageofgas, Agreement suche payment energy for supplies purchase among ofeither theP Participants,t energy type, thea transportation allocationa and/or storage ofg gas, accounting for incurred in connection with the over oru under Supplier(s), andt bereportedt inratesbys to OMLSC, the) Managero them or methodbys AuthorizedI whichi naturalg gaso or electrice energy usagev will It shall consider and recommend to the Participants any additional services which are or are proposedt tob beaparto ofthel Program. Itmay directt thee employmento or contracting! by OMLSC withs suchp persons or organizations asit deems not! limitedt necessaryt to, theM to Manager: assisti in andit thea its administration AuthorizedI andn management oft theF Program, including, but Itshalla authorizea anya agreements! between! Participants' andt thes Supplier(s) upont termsita approves. Itshall considera applicationsf fora admissiontoti thel Program andd determine whethera anda aty whatt time  to participate. OMLSC, Exhibitasexezutedbyd  This Participation. Agreement Regarding the various Energy Purchasing Programs of the Ohio Service Corporation COMLSC), an Ohiof for-profit corporation, the NATURALGAS PARTICIPATION AGREEMENTI REGARDING: THE CITYOFT TROY,OHIO, an Ohior municipality (the" Participant"), and CCAOS Service Corporation ("CCAOSC"), an Ohiof for-profit corporation (the" Manager") and OMLE Energy Solutions, subsidiary ofPalmer Energy Company, Inc. (the" "Designee" or* "Authorizedl Designee"). A. TheOhio Municipal Leaguet through itss serviced corporationt the OML Service Corporation wishes toassist Ohior municipalities which arei its members andv whicho choose top participate, eitherf fort themselvesoron behalf boards, agencies, districts or other instrumentalitics which are affiliated with them in securing competitivelypricede energys suppliest through variouse energy purchasingprograms (the" Program" or"Programs") B. OMLSCandt thel Participantsa agreet thatitisnecessary: anddesirablet thatthis Agreementb beentered intoi in ordert to createa anda adopt comprehensive guidelines fort thef funding, management anda administration of NOW, THEREFORE, itisa agreed by anda among OMLSC, CCAOSC, Designees ande thel Participant, by "Agreement" means this Participation Agreement, as the same may be amended, modified or "Authorized Estimator"r meanst thep persond designated byt theg governing! board ofthe Participantt toe estimate thec energyt tobep purchasedf forti theP Participant, asv wella asc otherr nominationso of energys supplies fort thel Participant. Withr respectt toF Participants, theA Authorized Estimator may, butr needn notb be, theP Participant's representative on "Boardo ofParticipants" hast then meaning: ascribedt toitins Section? 2ofthisA Agreement. "Executive Committee ofthe Board ofParticipants" hast ther meaning ascribedt toi itins Section2 2ofthis "Fiscal) Year"r meanst theF Participant's twelve (12)monthp periodo ofJanuaryl throughl December3 31 ofeach "Manager" means CCAO Service Corporation andr may include entities retained by CCAO Service "Participant" meanst those Ohior municipalities whicha arer memberso ofthe Ohiol Municipal Leaguea and/or theirb boards, agencies, districtso oro otheri instrumentalities, ofwhicht theP Participanti iso one,t thata arep participatingi in  Municipall League (the" Agreement") ise entered into asof_  20 among the OML  Recitals  one andf filedy with then members. oftheP Program, including  of termsf undero contractualt favorablet tol Participants. OML's energy purchasing! Programs. theira authorizedr representatives,' that: SECTION .DEFINITIONS supplementedi ins accordance withs Section? 7hereof. theB Board ofParticipants. Agreement.  Participants.  butn notl limited tot thef following:  amongt theP Participantso ofany charges consumption of energy supplies purchased or Designee.  changesi  year,u unlesss suchp periodi iss subsequently changedb byl law. Corporationt tos assistit itinp performingi itsd duties under this Agreement.  Designee, advisors andl legalo counsel.  thoses applicants shouldi bei includedi int thel Program. Itshalln maken recommendationsi tot the Boardo operation oftheP Program,i including, butn notli ofParticipants limitedt to:  conceming matter any relatingt tot the  theP Program.  amendmentst toc or modifications ofthisA Agreement; Program Administrative Costs; and cach Participant's sharec ofProgram Administrative Costs. Itshally performs sucho otherf functions asmayb benecessaryo ori incidentalt toc carryingo outt thep purposes ofthe Program. TheE Executive Committeen mayd directt thel Manager andi its authorizedd designeet toa assisti inp performing any ofthef foregoing duties relatingt totheoperations andn managemento oftheP Programa andn mayd delegatet tot theM Manager oritsa authorized designee, such ofthef foregoing dutiest tot thef fulleste extent permitted under Ohiol law. C. Membership of Executive Committee. Thei initialr members oft theE Executive Committees shallb bet the Boardo OMLSCI ofDirectors untilt thes selection ofth theirs successors byt the! Board of Participants. Thep permanent Executive Committees shallb bee elected by thet then-existing Participants asf follows:a number ofn members ofthe Executive Committee equalt toas simple majority ofthen memberships ofthe Executive Committee shallb bec elected forate term expiring onl December 3,2 2020 andu ther remaining members shall bee elected forat term expiring on December 31,2 2019. Thercafter, termso ofo officed ofn memberso oftheE Executive Committee shallb bef fort twoy years, ands shallo commenced ont thef firstd dayo of) January ande endo onti thela lastd day of December. Members shall! holdo office untilt thee expirationo oftheirt terms, ors subsequentt toth thee expiration oftheirte termsu untilt theirs successorst takeo office. Ally vacanciesi int then membership oftheE Executive Committees shall bef filledf fort theu unexpiredt termb bye clectionby the Board ofl Participants. In additiont tot thee electedn members oft theE Executive Committee, theres shall beupt to three ex-officio members oft theE Executive Committee appointed! by the OMLSC. In addition, the Executive Committeen maya appoint additionale ex officio Executive Committee members asitd deems necessary. Ex officio D. Meetings: Ouorum. TheE Board of Participants shall!! holdi its firsti meeting upon thec callo ofthei initial Executive Committee, andt thereafter shall! holda ana annualr meeting duringt thel last threen months ofeacho calendar year,f fort the purposes of passingu uponr reports oft the previous fiscaly year, electing members oft theE Executive Committees andt transactings sucho otherb business asn may comel before then meeting. TheE Boardo ofParticipants shall meeta ats sucho othert times asitd determines TheE Executive Committee shallr meeta ats suchti times asitd determines. A majority ofallP Participants shall constituteac quorumf forti thet transactingo ofbusinesst byt theB Boardo ofParticipants, anda majorityo ofa allt then-authorized votingr members oftheE Executive Committee shallo constitutead quorumf for thet transactingo ofb business by thel Executive Committee. Upon) Participant's request, theE Executive Committee shallg giveP Participantr notice oftheti time, place, ands subject matter of Executive Committeen meetingsi int thes same Forp purposes ofdetermininga quorum fore eithera aE Boardo ofParticipants or Executive Committeer meeting: ast toaE Board of Participants meeting, Participant shall bed deemed present ifits Representative or as to an Executive Committee meeting, ar member shall be deemed present ifitR Representative or AParticipanto orE Executive Committeer membert mayv voted onE anyg questionb byt telephoned or othere electronic E. Rulesa and Regulations.7 TheE Boardo ofParticipants andt theE Executive Committeer mayr makes suchf further rulesa andi regulationsg goveringt theo conducto ofbusiness ast theyn may determine.  F. Insurance. OMLSCshall maintaine errorsa andos omissionsl liabilityi insuranceo ors self-insurancet thati includes beatl coverageofa least $1,000,000 Participanta asar member oftheE Executive Committee under anys suchy policy. Sucho coverages shall evidence ofs such coverage to the Participant upon request. This provision shalls survivet termination ofthis SECTION 3. REPORTS AND RECORDS. The Authorized Designee shall maintain records and data concerning thea amounto ofe energy purchased ando consumed onb behalf ofthe Participant, thes amount paidf forthe theF purchasea and,i ifapplicable, transportation and/ors storage ofs such gas, thea allocationo ofthec costst thereofa among Participantsa ands sucho otherr records andd dataa ast thel Executive Committee ofthel Board ofParticipants deems necessary or appropriate. OMLSC, theN Manager and Authorized Designee shall maintain records and conduct operations oftheP Programb basedo ona al Fiscal Yearb beginning January ande ending December 31. theM Managero or AuthorizedI Designee, thel Participants shallp promptlyp providet thel Manageror Authorized Designee with a copy of any statements received by the Participant concerning consumption of natural gas byt the Participant. OMLSC shallo ownt ther records, ands shall causet theh Managera andit its AuthorizedI Designeet to deliver Thel Participant may withdraw from the program commencing any January 1,i ifit gives energy noticel byl February lofthep the prior) yeara andp paysa all amounts duev undert thisA Agreemento ora anya applicable this supply agreements. shallt terminate Upont as tot givingo ofp proper noticea andp paymento ofalla amounts dueb byt the! Participant, theP to Participant onl December 310 oft thel lasty yearf for which payments! have penalty or expense the Participant except as to the costs associated witht thef financial between they value of anys supply wheni initially contracted undert theP Program andt thev value ofthe supply as authorized obtained byt thes Suppliert throught thes saleorn modifications ofany financial ando contractualo commitments undert this Agreement. Int the evento ofs such termination and except as permitted hereunder, the the Manager and/or OMLSCV willh have alllegal ande equitabler rightsa andr remedies availablet under Ohiol law against Participantt toj pursuer recovery ofalla amountso owedbyP Participant! hereunder. B. Payment of Amounts No withdrawal, without limitation, andu amounts untild thew withdrawingP be Participants shallhavep paidinf fulla alla amountsd duehercunder, including, andd determined that may the duef for excess natural gas ore electricity usage by the withdrawing by OMLSC, Managero or Authorized Designeey pursuantt tothep provisions ofthis League,t C. Effect theE Executive ofl Non-Membership Committee oft theE in OML, BoardofParticipantss Ifa Participant shallh ceasest haveth tob bea member of the Ohio Municipal the Participant to remain int the Program or to expel the Participant from the Program andt to terminatet the Participant's rights under this Agreement, effective asofthe.) Januaryl ofthef firsty years aftert theP Participanti isno longer amember ofthe Ohio Municipal League. The Executive Committee may, buts shallr not be requiredt to, affordt theP Participanta hearing beforet takings action pursuantt to thiss subsection. D. Re-Entryi into Program, Uponv withdrawal fromt theF Program, thev withdrawing Participantr maya applyto becomea Participant again; sucha applicationr mayb be grantedo or denied! byt theB Executive Committee oftheB Board ofP Participants, ons such terms andc conditions forr re-admittance as the Executive Committee oft the Board of SECTIONS_INITIALI MELEMENTATIONOEI PROGRAM. Duringt thef firstF Fiscal" Yearo ofo operations of this Program, anya actions required by this Agreementt tobet takenbyt the Boardo ofParticipants or the Executive  eacho occurrence ands $1,000,000 annual aggregate. OMLSC shall provide documentary  Agreement.  Ifrequestedby  thes sameto OMLSC uponr request. SACTTONATIDRAVALI RE-ENTRY. A. Withdrawal. written beenr Agreements made, without difference effectiveunless: Participants Agreement.  members oftheE Executive Committees shallb ben non-votingi members.  Due.  eitherf from the OMLSC or from this Program, shall be  mannera as Executive Committeer members aren notified. Altemate participates byt telephoneo ord othere electronic means; Alternatep participates byt telephoneoro othere electronic means.  theright, initss soled discretion, topermit  means.  Participantsr mays set,i initss soled discretion.    Committeec onorp priort tot thes annual meetings oftheE Boardo ofParticipants shall bet taken ond orb befores such other datesa ast the Boardc ofP Participants shall determine atthee earliest practicalt timest byy which sucha actions couldb be taken.) Providedt thata alla arrangements arei inj place witht the distributiont utilities andt thes Supplier(s), operationo of theP Programs shall begine effective thel later ofFebruary 1,2017 ort theo commencement dates seti forthi int thei initial SECTION 6.A AMENDMENTS. This Agreement may ben modified, amended or supplementedi in any respect prohibited! byl law upona approvalo ofthen modification, amendment ors supplement onb behalfo ofOMLSCbythe goveringb bodies ofatl leastt two-thirds (2/3)ofthe Participants. Nos suchn modification, amendment or supplement shallb bee effectivea ast tot theP Participant withoutt thea approval ofthe Participant'sg goveringb body. SECTION7.TERMG OFT THISA AGREEMENT. Itisthee expressi intention ofthe Participantt thatt this Agroement shall continue fort theP Program Term listed int they various Exhibit(s) attached andi included in this Agreement, subjectt tot theP Participant's right ofv withdraw as providedi ins Section 4(A), butn mayb bet terminated as providedi in SECTION 8.T TERMINATION. In thee event that all ofthe Participants, by duly adoptedr resolutions have terminatedt theirg participationi int this Program and withdrawn fromt thel Program, theE Boardo of Participants shall meet, thirty (30) daysf following receipto ofc certifiedo copies ofsuchr resolutions, tod determinet thed dateu upon which this Agreement and the activities and operations of the Program shall terminate and to make recommendations tot thel Participants withr respectt to matters whichi must ber resolved upon termination ofthe Programy whicha aren nota addressed byt this Agreement. Alls such matters shall ben resolvedi inar manner consistent witht thet terms ande conditions ofthee energy supply contract(s), andt thisA Agreement. Notwithstanding thef foregoing, ifata anyt timed duringt thet termo ofthis Agreement, A. OMLSC, thel Program, thel Manager, the AuthorizedI Designeec or any Participant shallb become subjectte to orthreatenedt tobecomes subjecttop Y-FaEs Commissiono ofOhio, thel Federal Energy Regulatory Commission, thel U.S. Departmento ofE Energy ora anyo otherg govemmental regulatorye entity, or B. OMLSC, this Program, the Manager, Authorized Designee, or any Participant shall be deemed or threatenedt tol be deemed to bea public utility for purposes oft taxation orbyt theP Public Utilities Commission of C. all oft the Participant's various natural gast transportation, electrict tariffs or other agreements with the distribution utilities aret terminatedf fora anyr reasono or amended byt the Public Utilities Commission of Ohio, the Federal Energy Regulatory Commissionc ora anyo otherg governmental agency orderi inar manner unacceptabletothe Boardo ofParticipants, theE Boardo ofParticipants mayt terminatet thisA Agreement promptly byit its majority vote. A. Ant-Diserimination) Provision: TheF Participant anda agreest tot the  forthep performance ofworkt undert thec contract on accounto ofrace, maritals status, militarys status, veteran'ss status, age, disability, national color, origin, religion, sex, sexual orientation, 3. Participant warrants thati it has a written affirmative action program fort the effectiver utilizationo ofe economically disadvantaged persons. Annually, Participants shallf filead description ofthes affirmative actiong program anda ap progress report itsi commissions andt ther minority! business development divisione oni establishedu implementation witht Ohioc civil rights Unresolved Findings for Recovery Ohio Revised Code (O.RC) $9.24 prohibits municipalities from awarding a contract toap party againsty whom the Auditor ofthe State has issued af for finding forn recoveryis" "unresolved" atthet time ofthea award. Bysi signing this Agreement, fnding OMLSC, recovery ifthe and Designeey warrant thatti they arenotn now, andw willn notb becomes subjecttoan" "unresolved" the) Manager C. Compliance' Withl Laws. The) Manager andit its AuthorizedI Designeea agreet to local, state, andf federal lawsi in thep performance oft thev work specified int this comply witha The applicable Authorized Designeev willb berequiredtoa accepti fullresponsibilityi including, but notl limited to unemployment compensationi insurance incomet tax deductions, Social Security deductions, and any othert taxes premiums, or payroll Workers' Compensation, all employeese engagedb by thec contractori int thep performance ofthev works specifiedi inthis deductions required fora all D. Workers' Compensation. TheN Manager andi its AuthorizedI Designees shallb ber requiredtoc carry Workers' Compensation) Liability) Insurancea asrequiredby Ohiol lawf fora any workt E. Declaration Regarding Material Auhtaselem-Amistane a Terrorist Revised Code Section 2909.21 requires that any contract that will result to aggregates amount greater than $100,000 annuallys shallo certifyt thatito doesn notp inay provider party material receivingf assistancet funding toany inan theN organizationc Manager ont ori itsa theU authorized Uniteds StatesI designees Departmento shall ofs State7 Terroriste thel exclusionli list. Priorto enteringi intot this Contract, F. AuditofRecords. TheF Participantr may, atitsd discretion, conductaf fulla audito ofallt this business! Agreement hoursa anda subsequentt as oftens toi as its the! conclusion Participant or upont termination ofthis thel Agreement. Ata anyt timed during normal make availablet to thel Participant, for examination, mayd deem necessary, Manager ori to itsa authorizedd designee shall Agreement. TheParticipantr maya auditallo contracts, allofitsn records withi respectt allr matters covered by this ofemployment, ando otherd datar relatingt to allr matterso invoices, covered byt materials, thisA Agreement. payrolls, recordsofpersomnel, conditions G. Other. This Agreements shallt bec construed undert thel lawsc ofthes State ofOhio. Anyl litigationt betweent the Parties inc connection witht this Agreement shallb bef filed and pursued int the Common Pleas Court of Franklin County, Ohio. Ifthe datec on whicha anya actiono orp paymentr requiredt tot bet takenc orr made undert this Agreementi is Saturday, Sundayo orl legal! holidayi inthes Statec ofOhio,t thata actions shall bet takend ort thatp payments shalll ber made ont then nexts succeedingo day whichi isnotas Saturday, Sunday orl legal! holiday. deemed an original, 10. COUNTERPARTS. but all of which together This Agreementr will may be executedi inc counterparts cach ofw whichy willl be executingt thisA Agreements shalld delivert toOMLSCacertified. constitute copy one ofthec andt ordinanceo thes samei instrument. or resolution Each ofitsg Participant govering body authorizing execution ofthisA Agreement.  ora ancestry. and employment the under's sectionl 122.92 oftheOhio  energy purchasingo notp Section8. withint  contract.  Revised Code. under ORC. $9.24.]  fndingforr recovery all Agreement. Manager and forp paymento ofalltaxesa andirt insurancepremiums Agreement. withint thes stated tobeperformedy ofOhio, Organization. Ohio  as-applicableb by law.  complete DMAI Formi int thef forma attached.  Ohioora anyo otherg governmental regulatorya agency,or SECTIONS 9.1 MISCELLANEOUS. following:  involving  1. Thatintheh hiring ofe employees fort thep performance ofwork undert thec contract or anys subcontract, thel Participants shallr not, byr reason ofrace, color, religion, sex,s sexual orientation, maritals status, military status, veteran's status, age, disability, national origin, ora ancestry, discriminates againsta anyc citizenofthis statei int thee employment ofapersonc qualifiedt top performt thes worki ins whicht thec contractr relates;a and 2. Thatn neithert the Participant nor any ofitss subcontractors or any person acting onb behalf ofthe Participant shalli ins anyr manner, discriminate against,i intimidate, or retaliate against anye employee! hired  SECTION  SECTION1 11.NOTICES. Allnoticest requiredo orp permitted! hereunder shallb beinw writinga ands shallbed deemed tobep properly given when (a) personally deliveredt tot thej partyt to receivet then notice; (b)d deposited int the United States mail, first-c class, postage prepaid, addressed tot thatr member oftheE Board ofl Participants ora ats such other address as that party may designate; or (c) delivered byh hando or messenger delivery service, by e-mail orby SECTIONI 12.A ASSIGNMENT.The Participant acknowledgest anda agrees that OMLSC shalll haveti theri rightto assign all ofi its and/or the Manager's rights to payments andn monies received ort to be received from such Participant! hereunder anda any other rights, remedies and/or obligations hereundert to at third party including, without1 limitation, one or moret trustees andp paying agents as may be necessary or desirable to effectuatet the IN WITNESS WHEREOF, the undersigned representatives of OML Service Corporation, the Participant, CCAOSC, and OMLE Energy Solutions pursuantt tot thed duly adopted authorizing resolutions oftheir  FISCALO OFFICER CERTIFICATE  PARTICIPATIONZ AGREEMENTI REGARDING: THEN NATURALGASI PURCHASINGP PROGRAM, Theu undersigned Auditor ofthe City of Troy, Ohio (the" "Participant"), hereby certifies that ther money requiredt ton meettheo obligations oftheP Participanto during2 20 undert thea aforesaid ParticipationA Agreementhave beenl lawfully appropriated by the Council oft the Participant fors such purposes and arei in Participant ori in the process of collection to the credit of an appropriate fund, free from thet treasury ofthe encumbrances." This Certificatei is giveni in compliance with Sections 5705.41 and5 5705.440 Ohio Revised any previous Code.  telephonef facsimilet transmission, with appropriatec confirmation ofrecipt. Program, andi Participant! hereby consents thereto. govering boards, haves signedt thisA Agreement. OMLS SERVICE CORPORATION By:, Garry E. Hunter CEO 175S.1 Third Street, Suite5 510 Columbus, Ohio4 43215-7100 FURCHASINGFROGRAMI Dateo of Adoption By: Patrick E.J.1 Titterington Directoro ofPublics Servicea ands Safety 100S. Markets Strect Troy, Ohio 45373 Telecopy? Number: CCAOS SERVICE CORPORATION By: 209E East States Strect Columbus, Ohio4 43215  City Auditor Cityo of Troy, Ohio  Dated:  CITY OF TROY, OHIO PARTICIPATION AGREEMENT REGARDING THE, NATURAL GAS  ofApproving Resolution, No.R R-36-2024.  OMLI Energy Solutions By: 5577 Airport Highway, Suite 101 Toledo, OH4 43615 7    ExhibitA. Natura! Gas Purchasingl Propram  D. Propram Administrative) Fees. Includedi int the Supplier(s) gasc costsp paid byl Participantt tot the Supplier will bet theP Program Administrative Feet thats shallb be$ $0.20p peru unitN MCF (oneti thousando cubicf foet)or Dekatherm (onen million Btu)o consumed by theP Participanty plusa anyo otherr reasonablea administrative costss sucha asl legal costs approvedbyt the ExecativeCommitte. Theu unitofmeasures shallbed determinedbyt theu unit theu unitt thec gasi ist typically purchased under. Int the event thes Supplier(s): refusest toi include Program Administrative! customer's Feein theg gas costsi invoicedt tol Participants, separatei invoices shall! bei issued byt thel Manager's Authorized] inthes samep pery unita amount asi includedf forc other Participants!. Suchs separatelyi invoiced Administrative Designee Fees shallb bep paidbyt theP Participanta andis isdueto) Manager'sA AuthorizedI E. Sole Supplier, Duringt the Program" Term, the Supplier(s) agreest tos supply andt the purchase all of its gas requirements forp participating facilities pursuantt tot the Gas Purchase Contracte Participant executedon agreesto behalf oft the Participant. Thel Participant retainst thet rightt toj purchase gas forr non-participatingi facilities from F. Imbalancesi ins Supply ofNatural Gas. Itisu understood thatd differences! betweent thel Participant Estimate andt thel Participant's actual consumption may occur ("Imbalance"). Thel Manager's Authorized Designee may Inthee event theF Participant's monthly consumption exceedsi its estimated consumption, suchi incremental use, wheny permitted undert thes Supplier(s) agreement, shall first bes secured from other Program) Participants ifsuch Participants havee excess supplies. Int thee event other Participants! havei insufficiente excess supplies, theN Manager andi lits AuthorizedI Designees shallu useit its beste effortst tot timelys securez additionals supplies fromt thes Supplier(s),i its Inthee eventt theP Participant's monthly consumptioni isl lesst thane estimated, theP Participants shall ber thec cost of gas withs respect tot theira actual consumption plus, tot the extentt thes Supplier(s) agreement responsible does for not absorb thef financial impact ofs such consumption shortfalls, any resale costs, cash imbalance or penaltiesi ifthes supplies cannot ber reallocated among other) Participants. Int the event the Supplier(s) fails to deliver the Participant's nominated quantity, designeer may prorate quantities actually deliveredt tot theP Participants ande each Manager its thel LDC'sr rulesa andr regulationsi ine effect att thet time, arrangef fort thej purchase anya Participants additional shall, volumes consistent ofr natural with gasr required from alternates supplierso ort thel LDC.1 TheN Manager andi itsA AuthorizedI Designee, notice Participant, mayo changet thej procedures for dealingv withi imbalances with volumes consumed andn nominated. Thel Supplier pursuantt tot the GasP Purchase Contract. Participant retain allr G. Notice ofs Significant Changei in Usage. During thel Term, theP Participant changes or additions toi itsp physicalf facilities or heatings systems, or experience closure offà facilities, planned or unplanned. TheP Participant agreest ton notifyt theN Managers andits AuthorizedI Designee: ass soona asp possibley whenit becomes awared ofo circumstances whicha arel likelyt toi increase or decreaser naturalg orn more pery yearf fors such Participant. Suchr notice requirement doesn notir includey variations gasu usageb duet tov percent weather. (10%) H. Arrangements with the LDC: In the event that the LDCI requires the Participant to enter into or Participant negotiatesa separatea agreement witht thel LDCi fort thet transportation ofnatural the) facilities, thel Participant shall consulty with OMLSC, theN Manager or AuthorizedI Designee gastot Participants' the terms ofthep proposeda agreement priort to enteringi into any such agreement. OMLSC, the) Manager concering and Designees shall use theirb best efforts to assist the Participant in negotiating such agreement with the LDC. If Manager orits Authorized Designeed determinest thatt thet terms ofthep proposeda agreementh betweent the! Participant andt thel LDC are consistent witht theF Program, the Participant shall cooperate with OMLSC, the! Manager or Designeet tos securea approvalofthat: agreementf fromt thePublicl Utilities Commission ofOhio,i ifrequired. During  ThisE Exhibit At tothe Participation Agreement dated dayo of_ "AuthorizedI Designee"), collectivelyo called" "Parties". GasP Purchasingi program whichi is detailedi int thisE Exhibit. continuei int this Exhibit. Thef followingd definitionsa area added: previously terminated), subjectt tot thet termsa ando conditionst thereof. anyl local gas distribution company. SECTION3.A ARRANGEMENTS FORS SUPIYOFNATIRALGAS Thep Agreement.  isexecutedt the  20_ byt the OMLS Service Corporation ("OMLSC"), an OhioF ForP Profit  Corporation, the PARTICIPATION AGREEMENT REGARDING THE CITY OF1 TROY, OHIO,a an Ohio municipality (the" "Participant"), and CCAOS Service Corporation ("CCAOSC"), an Ohiof for-profito corporation (the" "Manager") and OMLI Energy Solutions, subsidiary ofPalmer) Energy Company, Inc. (the" "Designee"or SECTION1 1. PROGRAM. TheP Participant hase evaluatedi itsi interests andd decidedt toj joint the OMLSCI Natural SECTION2. ADDITIONALI DEFINITIONS. Thed definitions listedi int theb base Participation Agreement "Gas Purchase Contract" means the Natural Gas Purchase Agreement(s) between a Supplier and Participants, effectivef fora aperiodo ofnotn moret thant three (3)y years fromt thec commencement datet thereof (unless "LDC"n meanst thea applicablel local gasd distributionu utility company servingl Participant's facilities. "Utility Transporter" meansa anyi interstate and/ori intrastatey pipelinet transporter ofnatural gas,i including provisions oft this Section ares subject to thep provisions of Sections 4 and9 9 ofbase Participation A. Purchase and/ Agpregation ofNaturalGas. On or about the date hereof, each Authorized Estimator shallo certifyt to OMLSC, the) Manager andi its AuthorizedI Designeet thee estimated monthly natural, gas consumptiond duringtheP Program Termf fortheParticipant'si facilitiest thaty willb bep participatingi intheP Program (he "Participant Estimate"). OMLSC, theM Manager andit itsA AuthorizedI Designee shalla aggregates alloftheP Participants' Estimates to calculatea defined quantity ofn natural gast tol bep purchased (the" Aggregation Quantity)a ands shall maket then necessary arrangements top purchaset the Aggregation Quantityf fromt thes supplier(s) fors suchp periodsa and pricinga asd determinedb by OMLSC, theN Managers ando ori itsA Authorized Designee; providedt thats suchs actions shall beinthebesti interestso oftheP Participants. TheP Participanta authorizest theN Manager ori itsa authorized designee with approval Executive Committeet toe enteri intot thec GasF Purchase Contracti inc connectiony witht thep purchaseo ofthe B. Powero of/ Attorney. Inordertof facilitatet theo operationo ofthe Program,t thel Participanta agreest to authorize, executea andd delivert totheA Authorized) Designeea limited Powero ofA Attoreyi ins substantiallyt thef forma attachedas C. Payments by Participant. Thel Participant agreest to payt tot thes supplier(s) its monthly gasc costsy within thea allottedt timef frame permitted under the Gas Purchase Contract. Thist timef frame willn normally be1 12to1 15 daysa afterr receipt ofthei invoice. Timely payment ofalla amounts owedt tos supplier(s) ise essentialt tot thel Program. failst tot transmitt timely payment tot thes Supplier(s) ofs any amount due, the Participant may, to  within Program Designeev 30days ofi invoice date.  others. makea adjustmenti for designee,o orl LDC.  fort the Participant andf fora allo ofthe Participants, asagroupt takena asaw whole.  out,  charges, or authorized withr tot the available toit against the may make material byt tenp  a ofE Aggregation Quantity. partofExhibit/ Atot thisA Agreement. IftheF Participant  shall tobec consistents remedies withl LDC'spolicies dealing  Program  the OMLSC,  thee extentp permitted byl law, bec chargedi interest ont theo overdue amount.  10  theP Program Term, Participant shally perform all ofits obligations under anys suchs separate agreement witht the SECTION4 4.1 RESTRICTION. Itisu understooda anda agreed, and OMLSC, the Participant, thel Managers andit its Authorized Designee hereby represent and warrant, that OMLSC, the Program, the Manager, Authorized Designeea andt thel Participanta aren note engaged andv willn note engagei in()theb businesso ofs supplying natural gasf for lighting, powerc orl heatingp purposest toc consumersv within thes Stated ofOhioo ort tonaturals gasc companies withint the Stateo ofOhio, or( (i)theb business oftransportingr naturalg gasti throughp pipesort tubinge either whollyorp partly within thes Stateo ofOhio, or( (in)a anyo othera activityo ord otherwisei inanyn manner whichy wouldo cause OMLSC,t this Program, theM Manager ori itsa authorizedd designee, ort theP Participantt tobec classified asap publict utility under Title4 49ofthe Ohio RevisedCode. Itisf further understood anda agreedt thatt this Program, andi itss supportingr naturalg gasp purchase andtr transportations agreements, willb bes subjectt tot theP Publict Utilities Commission ofOhio's" self-helps guidelines" inPUCOCase) No. 85-800-GA-001, as mayb bei furthera amendedo or modified, andt tariffs, rulesa andr regulationso of SECTIONS 5. PROGRAM TERM. Thei initial Program Term oft this Exhibits shall begin from the Effective Dateofthis Exhibita andv willo continue fora termt throughI December3 31, 2032. This Agreements shall bes extended fora ana additional Term( "Rehewal Term") ofi identical lengtht tot thel Initial Term setf forthi in above, upony written IN WITNESS WHEREOF, the undersigned representatives of OML Service Corporation, the Participant, CCAOSC, and OMLI Energy Solutions pursuant tot thed duly adopteda authorizing resolutions oftheir  OML Solutions Energy 5577 Airport! Toledo, OH4 43615 Highway, 101  LDC.  By: 209E Easts State Street Columbus, Ohio4 43215  Suite  theLDC.  consento ofbothp partiest beforet thee expirationo ofthel Initiall Term. governing boards, haves signedt this Agreement. OMLS Service Corporation By: Garry E. Hunter, CEO 175S. Thirds Street, Suite5 510 Columbus, Ohio4 43215-7100 FURCHASINGIROGRAM Dateo ofA Adoption By: Patrick E.J.T Titterington Directoro ofPublic Servicea ands Safety 100S. Market Street Troy, Ohio 45373 Telecopy? Number:  CITY OF TROY, OHIO PARTICIPATION AGREEMENT REGARDING THE NATURAL GAS  ofApproving Resolution, No.R-36-2024.  11  12    FISCALOFFICER CERTIFICATE  Power ofAttomey andA Agreement OMLSCI Natural Gas Purchasing Program  PARTICIPATION AGREEMENTI REGARDING: THEN NATURAL GASE PURCHASINGI PROGRAM, Theu undersigned Auditor ofthe Cityo of Troy, Ohio (the" Participant"), hereby certifies thatt thes money requiredtomeett theo obligationso oftheP Participant during 20 under thea aforesaidP Participation Agreementh have been lawfully appropriated byt the Council oft thel Participant for such purposes anda arei int thet treasury ofthe Participant or in thep process of collection to the credit of an appropriate fund, free from any previous encumbrances." This Certificateisg giveni in compliance withs Sections5 5705.41 and5 5705.440 Ohio Revised Code.  theM Manager's Know alln Authorized] menb by thesey Designee presentst OMLI thatt Energy thet undersigned Solutions (OMLES), (hereinafter called' "Participant")! hereby appoint(s) located at 5577 AirportE Highway, Suitel 1011 Toledo, Ohio4 43615, as subsidiaryo inf ofPalmer) Energy Company consistent witht thet terms ofthe Participation Agreementa CCAOS Service Corporation, int theP Participant's to amongt doe the Participant, OML Service Corporation, and programt that thel Participantr may legally dot through capacity an Attomeyi every ini acto fact, consistent soitr may witht joina theC a OMLSC OMLSC naturalg natural gas gas program designed to purchase natural gas for use at the fOllowing described facility locations. Participant acknowledgest thatt thisp program willb benefit theC OMLSC. Facility Location/s): Attach additional sheets forr multiplel locationst tob back  Attomey factt toa act, but onlyi ina manner  CityA Auditor Cityof Troy,Ohio  Dated:  Company Representative: PARTICIPATION. AGREMENTREGARDING: THE Companyl Name: Address: City:  State:  Zip  Thes said Attomey inf facti is! hereby empowered anda authorized tot takea anya anda alla actions necessary to implementa anda administert thiso OMLESn natural gas.program: andint thename oftheF Participante executes allrelevant documents such as natural gast transportation applications andn natural gas purchase contracts, provided such contracts do note exceed threey yearsi in duration andt the contracts arei in ther namec oft theF Participant, with the express understandingt that OMLESS shall haver no authorityt to obligatet theP Participantt toi indemnify anyp partyo or exceedt thel Participant's financiale exposurel beyondt thep provisions oft theA Agreement. Thes saidA Attomeyi inf facti isa alsoe empowered anda authorized to directly receive anya anda all bills fromt the Participant's local distribution company (LDC). Participant authorizes OMLES toi insert andr remove its gas account(s) from various gass supplier aggregation pools at OMLES discretion. Participant hereby authorizes OMLES toe executel LDCa agreementsa as necessary. OMLES shallr notify) Participant ofany changeso ofsupplier. By executing this Power of Attomey and Agreement, Participant's natural gas requirements may be grouped together with other companies who arei involvedi in the OMLES program. OMLES shall havet the authority tor redistribute any difference between thec quantities statedi int thes supplier's transaction confirmation with Participanta andt thel Participant's actualu usea amongo other OMLESI Participants. Therights, powersa anda authority ofsaid Attorneyi inf facth hereing granted shallo commence upone execution ofthis document ands shalln remaini ineffectu untilr rescindedby Participant. TheP Participant willg give OMLES, and itsc contracteds service provider(s) accesst to any anda allr records (as reasonably requested). TheF Participant will immediately notifyt the OMLES andit itso contracteds service provider(s) ofanyo changesi in circumstancet thatc could materiallys effect thist usaged data,i including! butr notl limitedt to, weather, openingoro closingo offacilities, damageto existingf facilities andc conversiont toora awayf fromr naturalg gas as ane energy's source.  13  14  CITY OF1 TROY,OHIO Participant Signature, Title Date Patrick E.J.7 Titterington Printed Name, Title Directoro ofPublic Service ands Safety  OMLI Energy Solutions Company Signature, Title Date Printed! NameTitle  15    EchibitE. Electriciry) Purchasing Program  shallb be securedf fromt thes supplier(s), its designee, or EDU. Each Participants shall ber responsiblef foryhec costo of electricity, generation capacity ando othero costs attributablet tos securing theira actual consumption. Inth thee event theF Participant's monthlyo consumptioni islesst thane estimated, the Participants shallb thec costo ofe electricity, generation capacity ando other costsa ttributablet tos securingt theira actualy byresponsiblef for tothee extentt thes supplier(s) agreement does nota absorb thei financiali impact ofsuch onsumption plus, resale costs, cash-out, imbalance charges, or penalties ift the supplies cannot ber consumjptions realocated shortfalls, any C. Power ofA Attorney. In order to facilitate the operation of the Prograry the Participant agrees to authorize, executes andd delivertotheM Manager's AuthorizedI Designeea limitedPoyéro ofA Attorneyi insubstantially D. Payments! by Participant. The Participant agrees to payt tot thes Sapplier(s) all amounts legally owed withint thes allottedt timef frame permitted undert theE Electricity Supply Agryément. Thist timef framey willn normally bede determined! byt the EDUS standard paymentt termsu unlesss supplier decilesto tob bill separately. Timely paymento of alla amounts owedi ise essentialt tot thel Program. Inthee events supplier(sylakes1 legals action againstt theP Participant to collect any amounts due under their supply agreement and attympts to involve OMLSC, the Manager or AuthorizedI Designee, tothee extent permittedb byl law,t theP Participarta agreest topaya allofOMLSC's, the) Manager's andi its AuthorizedI Designeef fees, costsa ande expenses (includinyg reasonable legal feest tot thee extent law)i incurred by OMLSC, theM Manager andit itsA Authorizedd dghigneei inc connectiont therewith. E. Program Administrativel Fees. Includedi int theupplier(s) electricity costs paid by Participant tothe Supplier willb be theF Program Administrativel Feet thats sh.lb bes $0.001 perk kWh (kilowatt-hour) consumed. Inthe event thes Supplier(s): refusest toi include Program Adryinistrativel Feei int thee electric costsi invoicedt to Participant, aseparatei invoices shallb beis issuedi int thes same pery upha amounta asi includedino other Participants' multipliedbyt the Participant's consumption. Separately invoicey Program Administrative Fees shall be due to Manager's Authorized) Designee within 30d dayso ofinvoicedate. F. Sole Supplier. During the Prograr Term, ifthes supplier(s) agreest tos supply ofthe electricity requirements for participating lacilities pursuant tot thes purchasea allofs sucht requirements foray'f facilitiesi includedi intheP supply agreement, fromt the Participant agrees to G. Notice ofl Material Changen Usage. Duringt the Program" Term, the Participant may maker material changes or additionst to its physigal facilities or experience closure off facilities, planned or unplanned. The Participanta agreest ton notifyt the) Manager ori its authorizedd designeea as soona as possiblev whenit itbecomes awared of circumstances whicha areli likelyfoi increase ord decreasee electricity usageb byt tenp percent (10%)orr more H. Arrangements wiht the EDU. Int the event thatt the EDU requires the Participant to enter into or Participant negotiates abeparate agreement with thel EDU fort thed distribution ofe electricityt tot thel Participants' facilities, the Participaht shall consulty with OMLSC ort the Manager or its authorized designee concemingt the terms oft thep proposod agreement prior to enteringi into anys such agreement. IfOMLSC, the andi AuthorizedI Designked determines thatt thet termso ofthep proposeda agreement! betweent theP Participant Manager andt the EDU its arec consistent wiht the Program, the Participant shall cooperate with OMLSC, theN Designeet tos segèrea approvalo ofthats agreementf fromt thel Publicl Utilities Commissiono Manager ofOhio,i andi ifrequired. its Authorized During the EDU. Program,erm, Participants shall perform all ofits obligations under anys such separate agreement witht the  This ExhibitBtothe Participation Agreement dated_ dayof_ Corporation, the PARTICIPATION AGREEMENT REGARDING THE an Ohion municipality (the" Participant"), and CCAOService Corporation ("CCAOSC"), an Ohiof for-profit corporation (the" Manager") and OML Energy Solutions, subsidiary ofPalmer/énergyd Company, Inc. (he "Designe"d or" "AuthorizedI Designee"), collectively called" "Parties". SECTION1. PROGRAM. TheP Participant hase evaluatedi itsi interestsa andecidedt toj joint the OMLSC Electricity Purchasingr programs whichi isd detailedi int thisE Exhibit. SECTION2. ADDITIONAL DEFINITIONS. Thed definitions! lisyédintheb base Participation Agreement "Electric Supply Agreement" means the Electricity Parchase Agreement(s) between a Supplier and Participants, effectivef fora period ofnotn more thant three(3)yearsf fromt thec previouslyt terminated), subjectt tot thete termsa ando conditionsy hereof. meanst thea applicablel locale distribyation utility company serving! Participant'si facilities. SECTION3. REQUESTI FORF PROPOSALS. Pyorto tot the Participant's enteringi into anyE Electricity Purchase Agreement witha Supplier, OMLSC, the) Managera andit its AuthorizedI Designees shallc conducta publiclys solicitedr requestf forp proposalsf fromy varigusp potential Suppliers ands shall, uponr request, maket the requestf forp proposals anda anyr responsest tos such/fequesta availablet tot theP Participant." SECTION4. SUPPLYOFE ELECTRICITA A. ParchaseafFlectridin, Onoraboutt thed dateh hereof, cach Authorized Estimators shall certify toOMLSC, Manager andi its Authorized) Designee the estimated monthly electricity consumption during thel Program Termf fort theParticipant'sf facilitiest tharw Hapririghs-hgant (the" Participant Estimate"). OMLSC, theN Manager andi its AuthorizedI Deagnee shall utilize thati informationt to estimatet theP Participant's quantity of electricity to be purchased (the" Quantity"? ands shallr maket then necessary arrangements fort the Participant to purchaset the Quantity from the Suppliersy) fors suchp periods andp pricing as determinedb byt the) Manager andi its AuthorizedI Designee; providethats sucha actions shallb beint theb besti interests ofthe Participants. B. Appregation ofElegiricity. Upona agreementbyt theE Boardo ofParticipants, this Programs shalli initiates an optional conversion fromy an individual Participant purchase process to an aggregated purchase process "Aggregation". Ifagregd byt the Participant and the Board ofl Participants the) Manager andi its Authorized Designee will aggregatyt thec clectricity purchases ofthe Aggregationl Participants wherei itisa anticipated tobe Itisunderstoodt thaydifferences) between thel Participant Estimate andt theP Participant's actual consumption may occur. TheN Manayer andi its AuthorizedI Designeer may make adjustment ford differences betweene estimated and actual consumptjonf fort theP Participant andf fora all ofthe Participants, asag groupt takena asay whole. Inthee eventt theP Participant's smonthlys consumptione exceedsi itse estimatedo consumption, suchi incremental uses shall firstbes securedf fromo other Program Participantsi ifsuch Participants! havee excesss suppliesa andit itispermittedu under thes supplier agreement(s). Int the evento other Participants havei insufficient excess supplies, additionals supplies  isexecuted the  20_ byt thec OML: Service Corporation ("OM/sC),mnOhio) ForP Profit  Participants. thef forma attachedt tot thisE Exhibit.  among other  continuei int thisE Exhibit. "EDU"r  datet thereof (unless  electric  permitedby  the  theF allo Participant's  Programf supplier(s).  such Participant.  pery yearf for  practicals ande economigallyb beneficial for) Participants.  16  SECTION5. PROGRAMS SERVICES.  A. Manager Services. Manager andit its AuthorizedI Designee shall assist Participant inv varios electricity costreduction: ando controle effortss such ass securing proposalsf fore clectricitys suppliest tos serve Participant'sy various facilities. Manager and its Authorized Designees shall also periodically evaluatet the EDU/ rates chargedt to Participant; provider recommendations onv variousp purchaser mechanismsr regardingt term, methgdology (eg. fixed, B. Letter of Exclusive Authorization. Upon request, Participant shall execyica letter of exclusive authorization ("LOE") oni itsl letterheadf foru useb byt theN Manager's Authorized Desigpée. ThisI LOE providest the Manager's Authorized Designcet thea authorityt toe executea anyle letterso ofa authioizatio/heessy! tos securing pricing from various potential suppliers, obtain billing, rate, demand, use, loadp profy PLC's, interval and allo other information fromt thel EDUr necessary too obtain clectrics supply pricingf for thyP Participant's consideration. This Agreements alsop providest thel Manager's AuthorizedI Designeea authorityt torsquesta anys samei information fromt the existings supplier(s)thatits wouldo otherwisec obtain fromt theE EDUI includingbutn notli limitedtou use,d demand, interval C. Participant Diseretion.. Anyo contractf fore electricitys supphiess shall bea at thed discretiona anda approval of theP Participant unicss thel Participant specifically authorizes OMLSC, Manager orits Authorized Designee to executet the agreementa as Agentor Attomey-in-Fact. Howevg,ifthe Programi initiates Section4 4Bc ofthisl Exhibit ardt theP Participante electst toj joint theA Aggregation under Seghon4 4B thisp provisioni iss subordinate tot thats Section. SECTION 6. PROGRAM TERM. Thei initial Program Term oft this Exhibits shallb begin fromt theE Effective Dateo oft thisE Exhibit and.y willc continuef fora termt throygh December3 31,2 2032. This Agreements shallb bee extended fora ana additionall Term ("Renewal1 Term") ofidentjcall lengtht tot thel Initial Terms set forthi ina above, uponw written IN WITNESS WHEREOF, the ndersigned representatives of OML Service Corporation, the Participant, CCAOSC, and OMLI Energys S6lutions pursuantt tot thed dulya adopted authorizing resolutions oftheir  CCAO SERVICE CORPORATION By: 209E East State Street Columbus, Ohio 43215  OML Energy Solutions 5577A Toledo, Airport OH4 43615 Highway, Suite  float, on-peak/off-p peak) ando other forms ofpricingf fore electricity supplies.  data, contracts, PLC's,1 loadp profile andE EDU: rate codes.  consento ofbothp parties! beforet thee expirationo oftél Initiall Term. governing boards, haves signedt thisA Agreyment. OML Service Corporation By: Garry E. Hunter CEO 175S.ThiriSty, Suite510 Columbus, Ohj6.43215-7100 CITY/VILLAGEOF By: Address: Telecopy Number:  PARTICIPATION AGREEMENT REGARDING THE  DateofAdoption  ofApproving Ordinance orR Resolution  18  19    FISCALOFFICER CERTIFICATE  Power ofA Attorney andA Agreement OMLSCE Electricity Purchasing! Program  Know alln menb by these presentst thatt thet undersigned (hereinafter called" "Participanyherby: appointfs) theN Manager's AuthorizedI Designee OMLI Energys Solutions (OMLES), as subsidiary ofPaler Energy Company locateda at 5577A Airport Highway? Toledo, Ohio4 43604, as Attoreyi ini facttoa actint the Pyhicipant'sc capacityt todo every actt thatt the Participantr mayl legally dot through an Attorney in fact, soitmayjoin an OMLSC electricity purchasing program designedt top purchase electricity tot thef following described. PArticipanta acknowledges that Facility] Location(s): Attach additionals sheets forn multiplel locationst tobaçk  Theu undersigned fiscal officer ofthe City/Villageof PARTICIPATION, AGRFÉMENTI REGARDING Ohio (the" "Participant"), hereby certifiest thatt ther money requirdton meet theo obligations oftheParticipant during2 20_ undert thea aforesaidE Participation Agreementh haveb bgénlawfullya appropriatedby the Council oftheP Participantf fors such purposes anda arei int thet treasury oft the Pyfticipant ori int thep process of collectiont tot thec credito ofa ana appropriate fund, freef froma anyp previouse encumbrapces. This Certificatei isg givenin  THE  thisp programy willl benefitt thec OMLSC. Company Representative: Company Name: Address: City:  compliance with Sections 5705.41 and5 5705.440 Ohio Revised Code.  Fiscal Officer City/Villageof  Ohio  Dated:  2017  State:  Zip:  Thes saidA Attorneyi inf factisherebye empowereda andy uthorizedt totakea any anda alla actionsn necessaryt toi implement anda administert thisOMLSCE electricity purchasingérograma andi linthen name ofthe Participanto executes allrelevant documents such as letters of authorization, documents with the EDC necessary to implement the Program provideds sucho contracts donote exceedt threey ygérsind durationa andu the contractsa areir inthename ofthe Participant, witht thee expresst understandingt that OMLES/shallh haver noa authority to obligatet thel Participant toi indemnify any party ore exceedt theP Participant's sfinancialaposure! beyondt thep provisions oftheA Agreement. The said Attorneyi in fact is also empbwered and authorized to directly receive any and all bills fromt the Participantselectric: distributiont utiliy_(EDU). Participanta authorizes OMLESt tois inserta andre removeit its account(s) fromy variouss supplier aggregationg poolsa at OMLES discretion. Participant! hereby authorizes OMLESt tocxecute EDUa agreements asr necessary. OMLESS shalln notify Participant ofa anyo changes of supplier. By executing this Power of/Attomey and Agreement, Participant understands and agrees that its electric requirements may be groupgit together with other entities whoa arei involved int the OMLSC program. OMLES shall havet the authorityt tojedistributes anyd difference betweent thec quantities statedi int thes supplier's transaction confirmation with Participanta andt theP Participant's actualu usea amongo other OMLESI Participants. Ther rights, powersa andauthority ofsaid Attomeyi inf fact! herein granteds shallo document ands shall main in effect untilt rescinded by Participant. Thel Participant will give OMLES, andi its contracted seryice pfovider(s) access to any and all records (as reasonably requested). The Participant will immediately notify/the OMLES andit its contracteds service provider(s) ofa any changesi inc circumstancet thato could materially effect his usage data,i including! but notl limitedt to opening or closing of facilities, self-generation, damaget to existing facilities ando conversion toora awayf frome electricity asane energys source.  upone executiono ofthis  Participant  21  Signature, Title Date  Exhibitc Electric Aggregation) Purchasing Program  ThisE Exhibit Ctot thel Participation Agreement dated_ dayo of Corporation, the_ PARTICIPATION AGREEMENT REGARDING THE_ anOhiom municipality (the" "Participant"), and CCAOS Service Corporation ("CCAOSC") Ano Ohiof for-profit corporation (he" "Manager") ando OMLI Energy Solutions, as subsidiary ofPalmer EnergyCompany, Inc. (the "Designee" or" "AuthorizedI Designee"), collectively called" Parties". SECTION1 1. PROGRAM. TheF Participant has evaluatedi itsi interests and decidpdtojoint the OMLSC Electricity Aggregation! Purchasingi program whichi isd detailedi inthisE Exhibit. SECTION2. ADDITIONAL) DEFINITIONS. Thed definitions listedinthébaseP Participation Agreement "Member" means anyr residential or non-mercantile commercial copfumer that decides to participatei in the "Supply. Agreement" meanst theE Electricity Supply or PurchaseAgreememto! between a Supplier, Participants andt ther members ofthec opt-outg governmental: aggregation, effective forap period ofnotr moret thant three (3), years "EDU", meanst thea applicable local electrico distributiont utiity companys serving! Participantsf facilities. "Program" in this Exhibit means the Opt-out Goymmental. Aggregation Electricity Purchase Program of SECTION3. REQUESTI FORJ PROPOSALS Priort tot theP Participant's enteringi into anys supplier agreementf fort theN Members theM Manager andi  Authorized Designees shall conducta publiclys solicitedr request forp proposals froms suppliers ands shall, uponpiquest, maket ther request forp proposals anda anyn responsest tos such A.. Purchase ofElectricity. Oyora about thed datel hereof, an: authorized estimator fore each Participant shall work with the OMLSC or Manager andi its Authorized Designee estimate then number of Members likelyt to participate in during the Progragh Term (the" "Member Estimate"). OMLSC or Manager andi its Authorized Designees shalle estimate the quhtity ofe electricity to be purchased byt thel Members (the" Quantity"ands shall makei issue RFPt tos securer pricngforth theP Participant's) Memberst tob beo offeredf from variouss supplier(s). B. Aggregation ofElgétricity. Upon agreement byt theE Boardo ofParticipants, this Programs shaili initiatea an optional conversion from! an individual Participant aggregation process to combining multiple Participants aggregations "Aggregas/on". If agreed by the Participant and the Board of Participants Manager andi its Authorized) Designeeyllla aggregatet theN Membersf fromi mulipleParticipantsy whereit itisa amntidputediobepnctical C. NoLiabless ofParticipant. EachF Participanty understands thatb byo operatingt thel Programits shalln notbe financiallyr respgisibletop payf fort theN Member's costo ofelectricity, generation capacitya ando otherc costs attributable tosecuringt theiyactuale electricity consumption. Thiss shallr remaint thei individual Member'sn responsibility.  gecutedt the  20_ byt the OML Service Corporation ("OMLSC"), Ohiol ForProfit  continuei int thisE Exhibit. Participant'se clectric govemmental aggregation. fromt thec OMLSC.  datet thereof (unless previouslyt termynated), subject tot thet termsa andc conditionst thereof.  request availablet tot the Participant. SECTION4. SUFPIYOFHITREI  ande economically beyfeficialf for Participants andt theN Members.  22  23    D. Program Administrative Fees. Included in the supplier(s) electricity costs paid by) Participants' Memberst tot thes Supplier will bet theP Program Administrative: Feest that shall bes $0.00045 per) wh (kilowatt- E.. Soles Supplier. During theP Program Term, thes supplier(s) andN Members agreet thaywhilep participatingi in theP Programt thes supplier(s) shalls supply allo oftheN Members' clectricity requirements atme EDUT metering point pursuant tot thes Supply Agreement! betweent the Supplier andt thel Member andt thec opl-outt termsa ando conditions F. Noticed ofSigaifamtChmgeink Membership- Duringt the! ProgramT Teyh,thePatticipanta agreest tonotify theM Manager ass soon asp possibley wheni itb becomes awarec ofo circumstances whjen arel likely't toi increaseo or decrease G. Arrangements witht theE EDU. During theF Program) Term, Paricipants shallp performa allofits obligations A. Manager Services. Manager shall assist Participapt iny various electricity governmental aggregation effortss such as public meetingst to explain thel Programt to) Members andy potentiall Members, securing proposals fore clectricitys suppliest toservet thel Members, maintainingher requireds State Certificationst too operatet thel Program, payingt thes feesa associatedy witht theoperationofyer Programf fromt thePublicUtlities Commissionc ofOhio andd the Ohio Consumers Counsel providedt thesec chyrgesr remain nominal relativet tot thep payments providedb by theP Program Administrative Charges ofParticipant' Members. Manager anditsA AuthorizedI Designees shalla also periodically provider recommendations ony various purchasen mechanismsr regardingt term, methodology (eg. fixed, float, percentagec off,o on-peak/offpeak)s ando other forms ofpricingf fore electricitys supplies. B. Letter of Exclusive Authorizatign. Upon request, Participant shall execute a letter of exclusive authorization ("LOE")oni itsl letterheadf fof usebyt the! Manager's Authorized Designee. This LOE providest the Manager's AuthorizedI Designeet thes autorityte toexecutes anyle lettersofa authorizationi necessaryt tosecuringpricing from various potential suppliers, obyn billing, rate, demand, use, load profile, PLC's, interval and all other information fromt theE EDU: necessayt to obtaine electric supply pricing fort theP Participant's consideration. This Agreementa alsop providest thel Manytger orit itsa authorized designee authority to requesta anys samei informationf fiom thee existings supplier(s) thatit it wuldo otherwise obtain fromt theE EDU including butn notl limited to use, demand, C. PowerofA Attorney/ino ordertof facilitatet thec operationo oftheP Program, theP Participants agreest toa authorize, executes andd delivert toth the/Manager's Authorized Designee limited Powero ofA Attorey in substantially thef form IN WITNESS WHEREOF, the undersigned representatives of OML Service Corporation, the Participant, CCAOSC, ando OM Energy Solutions pursuant tot thed duly adopteda authorizing: resolutions oftheirg goveming  OMLI Service Corporation By: Garry E. Hunter CEO 175S. Third Street, Suites 510 Columbus, Ohio4 43215-7100 CITY/VILLAGEOF By: Address: Telecopy? Number: CCAOSERVICE CORPORATION By: 209E East State Street Columbus, 43215 Ohio  hour).  agreedt tobyt theN Memberst throught thatp process. then number ofN Members byte tenj percent (10%)d orI morep pery year. undera anys suchs separatea agreements witht theE EDU. SECTIONS. PROGRAMS SERVICES. annual  PARTICIPATION AGREEMENT REGARDING THE  DateofAdoption  ofApproving Ordinance or Resolution OMLI Solutions Energy 5577 Airport Highway, Suitel 101 Toledo, OH4 43615  interval data, contracts, PLC's/loadp profilet andE EDUratec codes.  attached astot thisE Exhibt. boards, haves signgthisA Agreement.  24  25  Limited Power ofAtoreya andA Agreement OMLSC Electricity) Purchasing Program Only  FISCAL OFFICER CERTIFICATE  Knowa alli menb byt these presentst thatt theu undersigned (hereinafter called' Participanthereby: appoint(s) the Manager'sAuthorizedl Designee, OML Energy Solutions (OMLES), asubsidiaryofPalyél Energy Company located capacityt at todoe 5577 Airport) thatt Highway, thel Suitel 101,7 Toledo, Ohio 43615, as Attomeyi inf factt toctint theP Participant's opt-outg governmental: every: actd aggregatione Participanti electricity mayl purchasingp legally dot programd througha anA Attorneyi inf fact, sitmayj joina anOMLSC described.) Participant acknowledgest thatt this program willb benefit designedt the OMLSC. topurchasglectricity tothef following Facility Location(s): Attach additional shectsf for multiplel locationst tob back  Theu undersigned fiscald officer ofthe City/Villageof PARTIOATION/ AGREEMENTI REGARDING Ohio (the" Participant"), hercby certifiest thayhe money requiredt tor meett thec obligations ofthe Participanto during2 20 undert thea aforesaid Participation Agreement! havet beenl lawfully appropriatedb by the Council ofthe Participant fors suchp purposes anda arei int thet treasury ofthe Participant ori int the process of collectiont tot thec creditofa an appropriate fund, freef froma anyprevious encumbrances. This Certificatei is givenin  THE  compliance withs Sections 5705.4 41 and5 5705. 440 Ohio Revjaedo Code.  Fiécal Officer City/Villageof  Ohio  Company Representative: Company Name: Address: City:  Dated:  2017  State:  Zip:  Thes said Attorney ini factis isl hereby empowered/A And authorizedt tot take anya anda alla actions necessary to implement anda administert this OMLSCO opt-outg goverpnental aggregation electricity purchasing program andin ther name oft the Participant executea alln relevant docymnentss sucha as letters ofa authorization andd documents with thec clectricd distributionu utility (EDU)necessaryt toihplementt theP Program provideds suchc contracts don not exceed threey yearsi inc duration andt the contracts arei inthe namec ofthel Participant, witht the express understandingt that OMLES shall! have no authority to obligate thg/Participant toi indemnify any party or exceed the Participant's Thes saidA Attomeyi inf factisa alsoe enyowered anda authorizedt toc directlyr receive anys and allb billsf fromt the By executing this Limited Pywer of Attomey and Agreement, Participant's opt-out governmental aggregation clectricity purchasing prygram mayb beg groupedt together witho other entitiesy whoa areir involvedi in the Ther rights, powersa anda yhhority ofsaid Attoreyi inf fact! herein granteds shallc commence upone execution ofthisd documenta ands shallr remyni ine effect untilr rescindedbyP Participant. TheP Participant willg give OMLES, and itso contracted service providyt(s). accesst to any and allr records (asr reasonably requested)." The Participant will immediately notify the OM/sc, Manager and OMLES andi its contracteds service provider(s) ofa anyo changesin circumstancet thato couldm mperially affectt then numbero ofr members participatingint thisP Program.  financial exposurel beyondt thep provisions ofthe Agreement. Participant's or potential) Members' EDU/ OMLSC program.  Participant Signature, Title/ Date  26  27    ExhibitD. Natural GasA Agpregation Purchasing Program  C. NoLiabilities ofParticipant. Each Participantu understandst thatbyo operatingt thel Programits shallnotbe financially responsiblet toj payf fort thel Member's cost ofr natural gas supplies, transportation, storage and other costs attributablet tos securingo or supplying thel Members' actual consumption. Thiss shall remain thei individual D. Program Administrative Fees. Included in thes Supplier(s) natural gas costs paid by Participants' Memberst tot thes Supplier willb bet thel Program Administrativel Feest thats shall bes $0.005 per CCF (hundred cubic E.. Sole Supplier. Duringt theP Program Term, thes supplier(s) andN Members agreet that whiley participatingi in theProgramt thes supplier(s)s shalls supplya alloftheM Members' natural gasr requirements att theE EDUn metering point pursuantt tot the Supply Agreement betweent thes Supplier andt theN Member andt the opt-outt terms ando conditions F. Notice ofSignificant Changei in/ Membership. During theF Program Term, the Participant agrees to notify theN Manager: as soon asp possible wheni itbecomesa aware ofc circumstances which arel likelyt toi increased or G. Arrangements witht theL LDC. Duringt the Program? Term, Participants shall perform allo ofitso obligations A. Manager Services. Manager ori its authorized designee shall assist Participant in various natural gas govermental aggregation efforts such as public meetings to explain thel Program tol Members and potential Members, secure proposals for natural gass suppliest to serve theN Members, assist Participanti in maintainingt the required State Certifications to operate the Program, pay the Participants' annual fees associated with the operation of the Program from the Public Utilities Commission of Ohio andt the Ohio Consumers Counsel providedd thesec chargesr remaini nominalr relativetot thepayments providedbyti the! Program AdministntiveCharges ofParticipant's sMembers. Manager: andits.A AuthorizedI Designee shalla alsop periodically povidereomendations onv various purchaser mechanisms regarding term, methodology (e.g. fixed, float, percentageo off)a andc otherf forms B. Letter ofExclusive Authorization. Upons request, Participants shalle executea letterc ofexclusive authorization "LOE")oni itsle letterhead for usel by theN Manager's Authorized] Designee. This LOEP providest the Manager's Authorized) Designeet thea authorityt toe executea any! letters ofauthorizationt necessaryt tos securing pricing fromy various potentials suppliers, obtain! billing, rate, historic use,) MDQ, daily usea anda allo other information fromt theLDCn necessaryt too obtain naturalg gass supply pricingf fort the Participant's consideration. This Agreementa also provides theN Manager's AuthorizedI Designees authorityt torequesta anys samei information fromt thee existings supplier(s) thatit itwouldo otherwiseo obtain fromt thel LDCi including! butn notli limitedt tol billing C. PowerofAttorney. Inordert tof facilitatet theoperationc oftheP Program,t thel Participante agreest tos authorize, execute and deliver tot theN Manager or its authorized designee limited Power of Attomey ins substantiallyt the IN WITNESS WHEREOF, the undersigned representatives of OML Service Participant, CCAOSC, and OMLI Energy Solutions pursuant tot the duly adopted authorizing resolutions oftheir  ThisE ExhibitDtoth theF Participation Agreement dated_ dayo of "Parties". GasA Aggregationl Purchasingi programy whichi isdetailedi int thisE Exhibit. continuei int this Exhibit. "Member" means any residential or non-mercantile commercial Participant'sr naturalg gasg governmental: aggregation. fromt thec gasd distribution company. OMLSC.  isexecitedt the  20_ bythe OML: Service Corporation ("OMLSC"), an Ohio ForP Profit an Ohior municipality (he" Participant"), and CCAOS Service  Member'sn responsibility. feet).  Corporation, the_ PARTICIPATION AGREEMENT REGARDING THE CITY OF1 TROY.OHIO, Corporation ("CCAOSC"), an Ohiof for-profito corporation (he" "Manager")and OMLE Energy Solutions, a subsidiary ofPalmer Energy Company, Inc. (the" Designee" or" "Authorized) Designee"), collectively called SECTIONI 1.1 PROGRAM. TheP Participant! hase evaluatedi itsi interestsa andd decidedt tojoint thec OMLSCI Natural SECTION2.A ADDITIONALI DEFINITIONS. Thed definitionsl listedi int thet base Participation Agreement "Supply Agreement" means thel Natural GasS Supply or Purchase Agreement(s) betweena a Supplier, Participants andt ther members ofthec opt-outg governmental: aggregation, effective fora period ofnotn moret thant two (2)) years "LDC"n meanst thea applicablel localg gasd distributiont utility companys serving Participant'sf facilities. "Utility Transporter" meansa anyi interstatea and/ori intrastatey pipelinet transportero ofnaturalg gas,i includinga anyl local "Program" int this Exhibiti meanst the Opt-out Govemmental Aggregation! Natural Gas Purchase Program ofthe SECTION3. REQUESTE FORI PROPOSALS. Priort tot the Participant's enteringi intoa anys supplier agreement forit its Memberst the) Manager: andi itsA AuthorizedI Designees shall conducta publicly solicitedr request forp proposalsf from Suppliersa ands shall,u uponr request, maket ther request for proposals anda anyr responsest tos such A. Purchaseo ofNaturalGas. Onora aboutt thed date! hereof, ana authorizede estimatorf fore each Participants shall work witht the OMLSCort thel Manager ori its authorized designeet to estimate ther number of) Members likelyt to participatei in during theP Program Term (the" "Member Estimate"). OMLSC, thel Manager andi its Authorized Designees shalle estimatet the quantity ofn natural gast tol be purchased by theN Members (the" Quantity") ands shall makeis issue RFPt tos securey pricingf fort the Participant's Memberst tobec offeredf fromy variouss supplier(s). B. Aggregation ofNatural Gas. Upon agreement! by the Board ofParticipants, this Program shalli initiate optional conversion from ani individual Participant aggregation processt to combining multiple) Participants" aggregations" "Aggregation". If agreed by the Participant and the Board of Participants the Manager andi its Authorized Designee willa aggregatet theM Membersf fromn multipleP Participants whereitisa anticipatedt tob bep practical  agreedt tobyt theN Memberst through thatp process. decreaset ther numberc ofMembersb byt tenj percent (10%)orr morej per) year. undera anys suchs separatea agreement witht theLDC. SECTIONS. PROGRAM: SERVICES.  that decides to participatei int the  datet thereof( (unless previously terminated), subjectt tot thete terms ando conditionst thercof.  ofpricingf forr natural gass supplies.  requesta availablet tot theP Participant. SECTION4. SUPPIYOFNATURALGAS  amounts, rates, historict use, MDQ, daily usea andI LDCratec codes. forma attacheds astot thisE Exhibit. governing boards,! haves signedt this Agreement.  the Corporation,  ande  economicallyl beneficial forP Participants andt thel Members.  28  29  OML: Service Corporation By: Garry E.F Hunter CEO 175S. Third Street, Suite5 510 Columbus, Ohio4 43215-7100 FURCIASINGFROGRANI Dateo ofA Adoption By: Patrick E.J. Titterington Director ofPublic Servicea ands Safety 100S. Markets Street Troy, Ohio 45373 Telecopy Number: CAOSERVACECOMPORATION By: 209E Easts State Street Columbus, Ohio4 43215  CITY OF TROY, OHIO PARTICIPATION AGREEMENT REGARDING THE NATURAL GAS  ofA Approvingl Resolution! No.R-36-2024.  OMLI Energy Solutions By: 5577A Airport Highway, Suite1 101 Toledo, OH4 43615  30  31    Limited Power ofA Attorney andA Agreement OMLSCA Natural Gas Purchasing Program Only  PARTICIPATION/ AGREEMENTI REGARDING1 THE! NATURAL GASE PURCHASINGI PROGRAM, undersigned Auditor oft the City of Troy, Ohio (the' Participant"), hereby certifies thatd then money requiredtomeett the obligations ofthel Participant during2 20 undert thes aforesaidF Participation Agreementh have beenl lawfully appropriated! byt the Council ofthel Participant fors such purposes anda arei int thet treasury ofthe Participant or in the process of collection to the credit of an appropriate fund, free from any previous encumbrances. This Certificatei is giveni in compliance withs Sections 5705.41 and5s 5705.440 Ohio Revised Code.  Theu  Know alln menb byt these presents that the undersigned (hereinafter called "Participant") hereby appoint(s) the Manager's AuthorizedI Designee, OMLI Energy Solutions (OMLES), as located at5 5577 Airport! Highway, Suite 101, Toledo, Ohio 43615, asA Attorey subsidiary ini factt to Energy Company capacityt todoe everya actt thatt theP Participantr mayl legally dot througha an inf actint theP Participant's opt-out governmental aggregation natural gas purchasing program Attorneyi designed to fact, purchase soit itmayj joinan OMLSC to following described. Participant acknowledgest thatt thisp program willb benefit thec OMLSC. natural gas the Facilityl Location(s): Attacha additional sheetsf forr multiplel locations toback  of Palmer  City Auditor Cityo of Troy, Ohio  Dated:  Company Representative: Company Name: Address: City:  State:  Zip:  ThesaidA Attorneyi inf factisherebye empowereda anda authorized tot takes anya anda alla actionsn necessaryt toi implement anda administert this OMLSCO opt-out governmental: aggregation natural gas purchasing programa andi int then name ofthe Participant execute allr relevant documents such as letters of authorization and documents witht thel local distribution company (LDC) necessary to implement thel Program provided such contracts do note exceedt two yearsi ind durationa andt thec contracts areinthen namec oftheP Participant, withthec expresst mdenstmaingttOMLES shall! have no authorityt to obligate thel Participantt toi indemnify any party or exceedt thel Participant's financial The said Attorney in fact is also empowered and authorized to directly receive any and all bills from the Bye executing this Limited Power of Attorney and Agreement, Participant's opt-out govemmental aggregation natural gasp purchasing programr may be grouped together witho other entities whoa arei involvedi int the OMLSC Ther rights, powersa anda authority ofs said Attomeyi inf facth hereing granteds shall commence upone executiono ofthis document ands shallr remaini ine effect untilr rescinded byF Participant. Thel Participant will give OMLES, andits contracted service provider(s) access to any and allr records (as reasonably requested). The Participant will immediately notify the OMLSC, Manger and OMLES andi its contracteds service provider(s) ofanyo changesi in circumstancet thatc couldn materially affectt then number ofmembers participatingi in this Program.  exposure! beyondt thep provisions oftheA Agreement. Participant's or potential Members' LDC. program.  Participant Signature, Title Date  32  33    CITYOFTROYOHIO  ORDINANCE No. 0-25-2024  Duyual  ORDINANCE RELEASING MORTGAGE LIEN FOR JAY HARRIS AND LISA HARRIS, dba POSITIONING BY DESIGN, ANDI DECLARING AN  EMERGENCY  WHEREAS, the City of Troy received a mortgage on properties located at 9S. Market Street, Troy, Ohio 45373 int the year 2004 as security for a loan to. Jay Harris and Lisa WHEREAS, such loan has been paid off, andt the City nok longer has ani interesti in NOW, THEREFORE, BE IT ORDAINED byt the Council oft the City oft Troy, Ohio as SECTION!: That the Director of Public Service and Safety' is hereby authorized toe execute any documents necessary fort the release and cancellation of the mortgage from Jay Harris and Lisa Harris, dba Positioning by Design, to the City of Troy, Ohio for the real property locateda at9 South! Market Street, Troy, Ohio, and recorded April 20, 2004 in Volume 540, Page SECTIONI: That the Law Director is hereby authorized and directed to cause ther recording ofa any documents, tot take any other action neçessary, andt tos seet thats such releases SECTIONI!!: That this Ordinance is an emergency measure necessary for the immediate preservation oft the public peace, health and safety oft the City of Troy, Ohio, andf for the further reason that there isr no reason for the lien tor remain ont the owner's property, NOW WHEREFORE, this Ordinance shall be efective immediately upon its adoption and approval by  Harris, dbal Positioning! by Design; and ther reale estate, follows:  699, int the! Miami County Mortgage Records. arep properly filed andr recorded.  the! Mayor. Adopted: Approved: Attest:  Presidento of Council  Clerk of Council  Mayor  By Grant    CITYOFTROY,OHIO  ORDINANCE No. 0-26-2024  DaymmlegulBlak,Ime  ORDINANCE AUTHORIZING THE USE OF PUBLIC AREAS FOR THE 2024 TOUR DE DONUT EVENT, NOTWITHSTANDING CONFLICTING PROVISIONS OF THE TROY CODIFIED ORDINANCES, AND AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND SAFETY OFT THE CITYOF TROY, OHIO1 TOE ENTER INTO AN AGREEMENT WITH CANT STOP RUNNING CO WHEREAS, Can't Stop Running Co has requested that the 2024 Tour De Donut event be heldi inay portion oft the downtown area as shown ont the attached mapr marked' "Exhibit A, on Friday, August 23, 2024, from 11:00 AM to 10:00 PMa and on Saturday, August 24, 2024, from 5:30 AMt to WHEREAS, permittings suche eventa asr requestedr may! bec otherwise contraryt tos somep provisions WHEREAS, Can't Stop Running Co has agreed that the Tour De Donut WHEREAS, it would ber necessary and prudent for the City of Troy, through its Director of Public Service ands Safetyt to enteri into ana agreement regarding the 20241 Tour Del Donute event. WHEREAS, withouti interfering witha attendees rightt to engagei int this conduct ato othert timesi in this location andi in other places ata allt times; and without interfering in attendees right to engagei in other, non-prohibited conduct duringt the 2024 Tour Del Donut Event; because of7 Troy City Council's interestii inp preserving thep public's safetya andi itsi interest ofp proper management ofthe anticipated large crowd ofa attendees, certaina actions duringt thea actuale eventa activities each day andf fort thel hourt before and after each day's activities oft the event, within the event area as shown ont the attached" "Exhibit A", should be limited, such as having non-handicap-assist: animals at the event, the use ofc drones excepta as approved! byt the Cityf fore event documentation: andi marketing purposes: only, ande engaging int the acto ofwriting, painting, chalking ord otherwise permanently ort temporarily defacing orr marking on the publics streets, sidewalks, alleys or other publica areasi in the event area duringt thee event, unless WHEREAS, itis appropriate andp prudent fort the City of Troy, through its Director of Public Service and Safetyt to enter intos sucha ana agreement regarding the: 20247 Tour Del Donut Event. NOW, THEREFORE, BEI IT ORDAINEDI byt the Council oft the City ofl Troy, asf follows: SECTION!: Thatt the" Tour De Donute events shall bec cost neutral tot the City ofl Troy, and Can't Stop Running Cos shall reimburset the City fort the City's costs expended incident tot thee event. SECTION!: Thatt thel Director ofPublic Service and Safety of the City ofT Troy, Ohioi is hereby authorized to establish terms and conditions fort the use oft the publica areas shown on" "Exhibit A', as the site fort the Tour Del Donute event, notwithstanding any provisions ofti thel Troy Codified Ordinances whichy wouldp prohibit portions oft thee event deemed propert byt the Director ofP Public Service and Safety oft the City of1 Troy, Ohio, from Friday, August2 23, 20241 from 10:00 AMb to1 11:00 PM and on Saturday, SECTION #: That the sale ofv wares by peddlers and itinerant vendors, except by persons associated with anda authorizedb by Can't Stop Running Coa andt the City ofT Troys arep prohibited int thee event areas shown on" Exhibit/ A, from Friday, August2 23, 2024f from1 10:00 AMto1 11:00F PMa ando ons Saturday, SECTIONN: Thatf from1 10:00/ AMto 11:00PMC on Friday, August2 23, 2024 andf from 4:30AM to 5:00 PM on Saturday, August 24, 2024, nop person shall bring any animal into the event area as showno on" "ExhibitA A", attached! hereto, unless such animali ist being orv will beu used! by! lawe enforcement officials in the performance oft their duties, or as a guide dog or other handicap-assist animal, oris SECTIONV: That from 10:00 AMto 11:00 PM on Friday, August 23, 2024 and from 4:30 AMt to 5:00F PM on Saturday, August2 24, 2024, nop person shalle engagei int the acto ofv writing. painting, chalkingo ord otherwise permanently ort temporarily defacing orn marking ont thep publics streets, sidewalks, alleys ord other publice areasi int thee event area, ass shown on" "Exhibit A', attached! hereto.  THEREFOR.  4:001 PM, and  ofthe Troy's codified ordinances; and event will bec costr neutralt tot the City; and  otherwise allowed! byk law; and  August2 24, 20241 from 4:30A AMt to 5:00F PM. August 24, 20241 from 4:30A AMt to 5:00PM.  otherwise specifically authorized! byt the City ofT Troy, Ohio.    ORDINANCE NO. 0-26-2024 PAGE1 TWO  SECTION VI: That from 10:00 AMt to 11:00 PM on Friday, August 23, 2024 andf from 4:30 AM to 5:00 PM on Saturday, August 24, 2024, int the event area as shown on" "Exhibit A', attached hereto, nop person shall use drones except as approved by the City for event documentation and SECTION VI: That overight tent camping in Troy Community Park will be permitted in designated areas subjectt to regulations andp provisions established! by the City oft Troy, Ohio, onlyf for persons registered fort the Tour De Donute event or volunteering with the Tour DeD Donut event, from 11:00/ AM, Friday, August 23, 2024, through 12:001 Noon, Sunday, August 25, 2024. SECTION VII: That whoever violates Sections III, IV,V,Vior Vild ofthis Ordinance is guilty SECTIONIX: Thatt this Ordinance: shall bee efffctive att thee earliest date allowed byl law.  marketing purposes only.  ofan minor misdemeanor.  Adopted: Approved: Attest:  President of Council Mayor  Clerk of Council    "Exhibit A"    CIYOFTROY,OHO  ORDINANCE No. 0-27-2024  ORDINANCE AUTHORIZING THE USE OF PUBLIC AREAS FOR THE 2024 DONUT JAM EVENT. NOTWITHSTANDING CONFLICTING PROVISIONS OF THE TROY CODIFIED ORDINANCES.A ANDFURTHER/ APPROVING THEUSEOEANAREA FORTHE SALEOFB BEER ANDY WINE. SUBJECTTOTHEI ISSUANCE OF PROPER PERMITS BY THE STATE OF OHIO AND PROCUREMENT OF LIQUOR LIABILITY INSURANCE AND AUTHORIZING THE DIRECTOR OFPUBLICS SERVICEANDSAFETY OF1 THE CYOF TROY. OHIO TO ENTERI INTO AN AGREEMENT WITH1 TROY MAIN STREET. INC. THEREFOR  WHEREAS, Troy Main Street, Inc. has requested thata a 2024 annual event ofD Donut. Jam be heldi inap portion oft the downtown area as shown ont the attachedr map marked" "Exhibit A", on Friday, August 23, 2024, from 5:00 PMt to1 10:00 PM, and on Saturday, August 24, 2024, from 10:00 AMto 2:00 PM, and that such event be permitted toi include an area fort the sale oft beer and wine during WHEREAS, permitting suche event asr requested may! bec otherwise contraryt tos some provisions WHEREAS, Troy Main Street, Inc. has agreed thats suche eventy willl bec costr neutralt tot the City; WHEREAS, itis necessary and prudent for the City of1 Troy, through its Director of Public Service and Safetyt toe enteri into ana agreement regardingt the 2024 Troy Main Street, Inc. event tol be NOW, THEREFORE, BEI IT ORDAINED byt the Council oft the City ofT Troy, asf follows: SECTION That the! Director ofPublic Service and Safety ofthe City ofl Troy, Ohioi is hereby authorized to establisht terms and conditions for theu use oft the publica areass shown on" "Exhibit/ A", as thes site fort the 2024 Troy Main Street, Inc. Donut. Jam event, notwithstanding any provisions oft the Troy Codified Ordinances whichv wouldp prohibitp portions ofthe event deemed proper byt the! Directorof SECTION: Thatt thes sale ando consumption ofbeera andv wine ont thep publica areaso of downtown Troy, within the event area shown on" "Exhibit A" attached hereto, by Troy Main Street, Inc. is authorized on Friday, August2 23, 20241 from 5:00F PMto1 10:00 PM and on Saturday, August 24, 2024 from 10:00 AMt to2 2:00 PM, pursuant top proper permitsi issued! by the State of Ohio ands submission of al liquorl liabilityi insurance policyr namingt the City ofT Troye either ast ther namedi insuredo ora asa additionally insuredv with limits ofn nol lesst than One! Million Dollars andr no/100 ($1,000,000.00). SECTIONI: That the 20241 TroyN Main Street, Inc. Donut. Jame events shall bec cost neutralt to the City ofTroy, Ohio, and1 Troy Main Street, Inc. shallr reimburset the Cityf fort the City's costs expended SECTIONN: That the Director of Public Service and Safety oft the City of Troy, Ohio is hereby authorized to enter into an agreement with the Troyl Main Street, Inc. based upon thet terms ando conditions herein provided, plus othert terms and conditions hec deems necessary.regardingi the SECTIONV: Thatt this Ordinance shall bee effective att thee earliest date allowed byl law.  certain hours ofs said event; and ofthel Troy's Codified Ordinances; and  and  known as thel Donut. Jam.  Public Service and Safety ofthe City ofl Troy, Ohio.  incident tot thee event.  20241 TroyN Main Street, Inc. Donut. Jame event.  Adopted: Approved: Attest:,  Presidento of Council Mayor  Clerk of Council    "Exhibit A"    TROY OHIO ITEMS OF INTEREST  TO:  Mayor Oda Mr. Rozell, President of Council Council Members  FROM: Patrick E. J. Titterington, City Director We are providing the following for youri information:  A  DATE: June 28, 2024  Major Project Update:  West Main Street Improvement Project Phase 1 -7 The contractor has mobilized the 100 block ofWest Main Street (south side) to replace the curb, extend the electric/lightinge conduit, continue West Main Street Improvement Project Phase 2- The project was awarded to Milcon Concrete, Inc., of Troy, Ohio. The contractor continues to install the storm sewer infrastructure (including the stormwater quality structure in front of Taco Bell), lower water main for storm sewer installation, and extend the bridge/culvert in the 1300 block of West Main Street at Norwich. WWTP Expansion = The contractor is working on the construction of the new aeration tank south of the existing tanks and the replacement oft the old and outdated blower system. Project Daryl Williams, Electrical Department, was promoted to Electrical Foreman effective June 9. Jordan Helmer transferred from Hobart Arena to the Park Department as a Laborer effective Steven Frey was hired as a Laborer within the Street Department effective June 24.  the streetscape elements and install tree grates.  completion should be fall 2024.  Employment Updates: June 16.  Timothy Bragg, Police Officer, resigned effective June 25.  Recreation Update:  Summer Programs are currently in full swing including: Baseball clinics, adult & youth tennis, Playground Program, Theater, Safe-T-Town, Swim Lessons, and Swim Team. Programs to start in July include: Be a Better Biker Camp and Cheerleading. August programs to start in Youth Hockey registrations for the 2024-2025 season began April 9. There are currently 81 EGO Combat MMA event was held on Saturday, June 15. The event went very well with over 1,000 people in attendance. Staff anticipates the event will happen again in the future. The Miami County Veterans Services will be holding a Veterans Symposium at Hobart Arena on August 24 ending with a free concert by Lee Greenwood at 6:00 p.m. The concert is open The Troy Aquatic Park (TAP) opened on Saturday, May 25 for the 2024 Season. To date, 506 passes have been sold plus 62 grandparent passes. The TAP has eclipsed 1,000 in attendance There are 159 participants on the Troy Tidal Waves Swim Team. This is the largest number of participants in at least 15 seasons. The first two swim meets of the season were held at home.  August: Crime Scene Camp and Goat Yoga.  participants registered.  Troy Summer Skating Competition will be held July 11-14. Zach' Williams Concert is scheduled for October 10.  to the public. four times this season.  The team is now 3-0 on the season.  1005. Market Street, Troy Ohio4 45373-7303  P 0i17    Items of Interest June 28, 2024  Float Troy reservations are ongoing for the 2024 season. To date, 173 tents have been  reserved. There has been a couple of weekends of tent rentals to date. Staff is currently preparing for the fall youth soccer season.  City offices will be closed on Thursday, July 41 for Independence Day. Refuse and recycling will be on  schedule.  Events on July 41 for the enjoyment of our residents and visitors are:  July 4 parade sponsored by the Independence Day Celebration Committee starting at 9:00a.m. July 4 concert at Treasure Island Park is sponsored by the City, the Troy Rotary Club and The TroyF Foundation. Music starts at 7:30 p.m. by Dogs of Society, The Ultimate Elton Rock" Tribute. July 4 Fireworks by American Fireworks Company, which will start approximately at 10:00 p.m.  Calendar of Meetings July 1 July8 8 July 10 July 15 July 15 July 17 July 24 July 29 Upcoming Events Downtown June 28 July 12 July 13 July 19 August 2 August 9 August 18 7:00 p.m. August 23 5:00 p.m. August 24 Upcoming Events at Hobart Arena July 12-14  7:00 p.m. 6:00 p.m. 3:30 p.m. 5:00 p.m. 7:00 p.m. 4:00 p.m. 3:30 p.m. 6:00 p.m. 7:30 p.m. 7:30 p.m. 7:30 p.m. 7:30 p.m. 7:30 p.m.  Council Meeting Council Committee Meeting Planning Commission Meeting Council Meeting Recreation Board Meeting Planning Commission Meeting Council Committee Meeting  Board of Park Commissioners Annual Tour of Parks  Friday's on Prouty- Concert - Dulahan Friday's on Prouty - Concert - Ryan Mundy Band Friday's on Prouty - Concert - Noah Wotherspoon Blues Rock Friday's on Prouty - Concert- - The Driving Forces Band Friday's on Prouty - Concert - The Deron Bell Smooth Jazz Band Mayors Concert - Dayton Philharmonic + Chrous  10:00 a.m. Plein. Air Artist Event  Donut Jam Tour De Donut  Kathy Slack 48th Annual Troy Summer Competition concert by! Lee Greenwood at 6:00 p.m.). Zach Williams Concert with CAIN, Matt Maher & Ben Fuller Concert 122nd Ohio Army National Guard Band - Rewind to the 80's Concert - Dogs of Society, The Ultimate Elton Rock Tribute Concert - Turn to Stone, A Tribute to Elo Concert - Troy Civic Band  August 24 11:00a a.m. Miami County 2024 Veterans Symposium (Ending the day with a free  October 10 7:00 p.m.  Upcoming Events at Treasure Island Park  July 1 July 4 August 3 August 11 7:00 p.m.  7:00 p.m. 7:30 p.m. 7:30 p.m.  Reports from other departments are attached.  Ifyoul have any questions, please do not hesitate to contact this office.  Enclosure cc: Department Heads    TROY OHIO  Operations Items of Interest June 28, 2024  Street/Solid Waste = Justin Olivieri, Foreman Handled recycling and trash complaints Collected yard waste bags and bundled brush Crack sealed and asphalt patches and roadways Made dura-patch repairs to the roadways  Collected and transported 285 tons of residential trash since the last report of312 tons  Mowed rights-of-way  Continued asphalt operations. We have utilized 170 tons of asphalt making repairs. Contractor painted pavement markings for the annual city-wide pavement marking Department painting crew painted parking stalls in the downtown area and Duke Park  Contractor performed city-wide sweep oft the city streets  Electrical - Daryl Williams, Electrical Foreman  Completed Ohio Utilities Protection Services requests as needed  Repaired downtown tree lights as necessary  Replaced faulty 20A GFCI outlet and installed two breaker locks at the Troy Aquatic Park Removed power from two flashing lights over the ice rink at Hobart Arena Trouble shot GFCI breaker that keeps tripping at Hobart Arena Assisted the IT Department with running four Cat6 cables for the downtown webcams Corrected communication failure at the West Main Street and Kings Chapel Drive Turned on power for Showmobile on Prouty Plaza for the weekend concert Replaced the faulty load switch in Phase 21 to repair the North Market Street and Staunton Turned the power on at the panel and supplied a 50A adapter at North Cherry Street Turned on power, supplied cords, and worked the Treasure Island weekend concert West Main Street and Marybill Drive briefly went into flash from a power surge. AES was contacted and power was restored; power was confirmed and checked for proper Secured a low hanging wire in the roadway near East Water Street and Counts Street Red light failed on one signal head at the North Market Street and Foss Way/Kirk Lane  intersection  Road intersection that was in flash Parking Lot fori the Farmers Market  operation of intersection.  intersection; replaced with 12" red LED  Replaced a damaged bollard top at Miami Shores Golf Course Water Distribution/Sewer Maintenance = Scott Taylor, Utility Foreman Marked numerous Ohio Utilities Protection Service tickets Completed numerous work orders for Billing and Collection Investigated numerous high consumption alerts Completed non-pay shut offs and reconnects as paid  Repaired and replaced water meters and radios that were not functioning  Replaced 32 water meters    TROY OHIO  Operations Items of Interest June 28,2024  Repaired four water main breaks Continued flushing fire hydrants Repaired three hydrants Installed the EZ valve on West Main Street Updated eight water services Flail mowed and mowed storm ditches Ran sanitary and storm hotspots  InH Halifax Subdivision filled, flushed, ran purities, and pressure tested the new water main  Continued CCTV inspections for the 2024 Paving Program Wastewater Treatment Plant - Ken Parks, Superintendent  The Plant Expansion Project Contractor is working on replacing Screw Pump #6 and Plant staff has been working on preventative maintenance work orders and the Headworks  installing air piping in Aeration Tank #2  Screw Press which is currently out of service for repairs. Year-to-Date dry tons of sludge removed is 569.12 tons.  Monthly Flow Data June - 2021 5.63 7.16 4.86 168.83 207.30 2021 5.47 13.11 3.71  June- 2020 5.87 7.63 4.64 176.04 2020 5.72 15.93 3.01  June 2022 6.91 11.44 5.10  June- 2023 5.57 10.64 3.88 167.00 2023 5.08 13.42 1.08 1854.83 1,091.90  June 2024 4.98 7.66 3.79 109.57 2024 6.28 17.76 1.52  Daily Average, MGD Daily Max, MGD Daily Min, MGD Monthly Total, Million Gallons  Calendar Year Flow Data  2022 5.68 15.92 2.73  Daily Average, MGD Daily Max, MGD Daily Min, MGD Total Flow Year-to-  Date, Million Gallons 2,094.22 1,997.78 2,071.82 Note: Data for 2024 is month and year-to-date.  Water Treatment Plant - Gary Evans II, Superintendent  Train 1 basins were cleaned out and ready to be put online in July  The contractor completed the electrical review oft the facility for chlorine and valve projects Met with the Miami County Building Department to review the initial architect findings for  the Chlorine Conversion Project  Herrlinger Tower paint was touched up on the roof    Items of Interest Engineering Department June 28, 2024  PROJ#  PROJECT TITLE  PROJECT STATUS  PUBLIC WORKS AND CITY FACILITY PROJECTS  Council authorized Strand Associates, Inc. to design improvements along West Main Street from Market Street (i.e. Public Square) to I-75. Both project phases have been awarded federal funding totaling $5,508,383, ODOT Urban Phase 1: Council granted authorization for Phase 1 of $9,000,000. The contract was awarded to Double Jay Construction, Inc. of Englewood, Ohio. The contactor has mobilized in the 100 block of West Main Street (south Phase 2: Council authorized the Phase 2 project to bid at a cost not to exceed $8,000,000. The project was awarded to Milcon Concrete, Inc., in the amount of $6,789,958.48. The contractor continues to install the storm sewer infrastructure (including the stormwater quality structure in front of Taco Bell), lower water main for storm sewer installation, and extend the bridge/culvert in the 1300 block of West Main Street at Norwich. All questions for the West Main Street Improvements can be directed to mansimprovements@primeeng.com. We Council approved an agreement with Strand Associates, Inc. for the following items: FEMA submission of new flood plain boundaries, design of ditch improvements, especially around bridges, negotiations of easements with residents for staff to enter the ditch for maintenance, and public education information to provide to residents ditches in the City. With onsite construction complete, staff is working with Strand to revise the flood plain along Kidder Ditch and submit it to FEMA. Staff and Strand analyzing field elevations to assist with calibration of the Council authorized an agreement addendum with Hazen & Sawyer to provide design services for the plant awarded to Peterson Construction in the amount of $10,777,000. Project is 80% complete, and completion is anticipated in fall 2024. Council approved additional design for the expansion project to finance additional CIP items The City received federal grant funding for the resurfacing and repair of North Elm Street from Main Street to the awarded the project. Staff is working with the contractor to get a preconstruction meeting scheduled; the contractor has indicated that they will be proceeding with this paving project at the same time they will be completing the Council approved an agreement with Miami County in June 2022 related to the design of the waterline extension Sayers Road. Access Engineering is currently working on the design for this project. Miami County and the City working through an agreement for construction of the Casstown Waterline Extension.  Paving Program for $860,000 and OPWC grant for $600,000 (Phase 2 only).  West Main Street (SR 41) Corridor side) to replace the curb, extend the electriclighting conduit, continue the streetscape elements andi install tree  Improvements (PID 108662 and grates. 110253)  2018-12  appreciate your patience during this complex street improvement project!  Kidder Ditch Modeling & Rehabilitation  along  2018-015  hydrologic and hydraulic models.  WWTP Aeration Blower Replacement expansion to increase capacity. Council authorized $14,000,000 for the construction project. The contract was  Expansion  2020-003  through the WPCLF loan. Aeration basins #1 & #3 are online.  North Elm Street Resurfacing (PID north corporate boundary. Choice One Engineering designed the project and John R. Jurgensen Company was  116848)  2021-017  annual paving.  Casstown Waterline Extension Casstown. Troy will own the portion of the waterline along Staunton Road (SR 55) between Stonyridge Avenue  2022-002  1of3    Items of Interest Engineering Department June 28, 2024  PROJ#  PROJECT TITLE  PROJECT STATUS  Council authorized $650,000 for the project. The contract was awarded to Ranger Earthwork in the amount of the County's waterline on S. Peters Road. The project is complete except for punch list items. Council authorized $225,000 for LJB Inc. for the conceptual design/study phase of the downtown safety improvements. City staff and the design team have hosted two public meetings for feedback from the public. The team received comments and is continuing to analyze the conceptual design to incorporate as comments as Routine design updates and other information will be sent out via reetcape@lroyonogo. Information can also The Low Head Dam Removal project has over $7.5 million in funding for the completion of the dam removal, shelf and rec trail. Staff continues to apply for additional grant funding to maximize City funding for the project. Staff sent RFPs for design of the dam and river improvements to qualified consultants. After reviewing the submissions and interviews, Council approved a professional services agreement with Burgess & Niple for the project design. Design for the project continues with data collection and processing. Mussel survey is complete and results of the study  Maple-Peters Waterline Replacement $482,336.00. This project includes the installation of a new waterline on Maple Street and taking over a portion of  2022-006  Downtown Safety & Streetscape Renovation  many  possible.  2023-003  be found at wophopotsetape  Low Head Dam Removal  2023-011  being incorporated into the design.  Phase 15 of the sidewalk program is generally in the Kings Chapel subdivision. The contract has been awarded to Coate Construction LLC. Sidewalk replacement in Kings Chapel is complete. The contractor is working in the has begun with advertisements in the newspaper. Council approved final assessment ordinance; notifications of final assessments have been sent out to property owners who participated in the program. Final assessments will  Sidewalk Program 2023 (Phase 15) Kensington Subdivision area of the City to correct non-compliant ADA curb ramps. Thei finalization of assessments  East End & Fox Harbor  be sent to the Auditor's Office after the due date for property owners to pay.  N/A N/A SUBDIMISION PROJECTS 2024-002 2024-001 2023-xxx  Sidewalk Program 2024 (Phase 16) Phase 16 of the sidewalk program encompasses Carriage Crossing Subdivision and locations of missing gap Carriage Crossing and Missing Gap sidewalks along West Main Street. The design of the missing gap sidewalks continue.  along' West Main Street  The preliminary plan for The Reserves at Cliff Oaks (previously the Swank Farm along Fenner Rd.) was approved Phase 2 of the planned development is along N. Market Street across from Nottingham Subdvision/Loxley Lane. This property is located west of the intersection of West Market Street and Nashville Road. At Council's Decembe 4 meeting, the rezoning to PD-R and the General Plan were approved. Staff continues to work with the developer  The Reserves at Cliff Oaks by the Planning Commission on March 13. Staffi is working with the developer for the construction plans and final Halifax Villas & Patio Homes PD The record plan was approved by the Planning Commission on March 13 and by Council on April 14. Phase 2  record plat review before it goes to Planning Commission and Council.  construction started on May 15.  Somerset Reserve PD-R  on the Final Development Plan, Record Plat and Construction Drawings.  2of3    Items of Interest Engineering Department June 28, 2024  PROJ# 2019-03; 2022-013; 2023-012 2022-014 2021-02; 2022-009 2021-11 2024-005 2020-19  PROJECT TITLE Halifax Fern Way Fox Harbor Liberty Meadows Addison Landing The Reserve at Washington  PROJECT STATUS  Section 51 has final course of asphalt completed and will be entering into a maintenance bond. Section 6 received final acceptance from Council, and construction continues. The final record plat of Section 7 was approved at the Planning Commission on March 13 and will be forwarded for Council consideration. Section 7 is thei final section in The preliminary plan, final record plat and construction drawings were reviewed, and comments sent back to the developer and the developers engineer. Staffi is awaiting resubmittal byt the developer. Section 8 public improvements are complete, and under the M&G period. Section 9 houses are being approved for construction. Phase 10 final record plat was approved by Planning Commission March 21. Council approved Phase The preliminary plan for Liberty Meadows was presented and approved by Planning Commission. Staff is working This property is located along North Dorset Road/Lytle Road. The Preliminary Plan has been  Halifax Estates.  10 on June 3.  with the developer to review construction plans for Phase 1.  approved by Planning punch  Commission.  Section 2 home construction has been completed, and staff is awaiting the completion of thei final list in order The plat was recorded by the County. Staff and the Director of Law met with the developer to continue coordination to get the improvements completed in collaboration with the subdivision regulations. Staff received an escrow agreement for the remainder of the development work. Construction on this development should begin in June. Sections 6 and 7 have completed the requested maintenance items. Staff is awaiting the maintenance bonds for  to enter into a maintenance period.  Villages of Concord  2018-07 2017-15; 2018-02 2007-41  Stonebridge Meadows Pleasant View Estates  both sections.  Staff has received questions pertaining to the size of the bridge required for Section 4.  3of3    High Usage Alert Records  Address S.C Cherry Street Jefferson Street Durham Street Imperial Court York Lane Foss' Way Maple Street Public Square W. Main Street  24 Hr. usage Shut Off: Cul Ft. 400 600 400 800 500 700 700 300 700  Date June 4, 2024 June 4, 2024 June 5, 2024 June 6, 2024 June 7, 2024 June 10, 2024 June 12, 2024 June 14, 2024 June 14, 2024  Reconnect: Yes - No- Cause No-L Left blue card to call B&C No- Filling pool No - Left blue card to call B&C No- Left blue card to call B&C No - Filling pool No- Left blue card to call B&C No- Filling pool No-Left blue card to call B&C No- Filling pool  Yes - No No No No No No No No No No    TROY OHIO  MEMORANDUM  TO: FROM: DATE:  Patrick E.J. Titterington, Director of Public Service and Safety  Tim Davis, Development Director  June 28, 2024  SUBJECT: Items ofInterest Report  Ih have attached two reports which summarize concerns that are being addressed by the The first report shows all permit applications that were received. The permits have been separated by the wards they are located within. There were 41 permit applications received during this time The second report contains the address, type of concern, and a summary of the current status of on-going property maintenance violations. Both open and closed concerns are listed. These concerns are separated by the wards of which they are located within. There were 28 violations All costs associated with the removal of trash and elimination of noxious weeds will be invoiced tot the property owner. Should the property owner fail to pay anyi invoice, the cost will be assessed  Development Department from June 12, 2024 to June 26, 2024.  period.  addressed during this time period.  to the property taxes where the violation occurred.  encl.    Permit Activity Report June 12, 2024-3 June 26, 2024 Description FENCE SHED SINGLE FAMILY RESIDENCE PATIO POOL PATIO TEMPOARY: SIGN SHED SHED HISTORIC REVIEW CONSTRUCTIONI FENCE SHED HISTORIC REVIEW FENCE DECK HISTORICREVIEW HISTORIC REVIEW SIGN PERMIT HISTORIC REVIEW HISTORICI REVIEW  Project Address Ward 1075 MEADOW LANE 1211 Lee Rd 12281 LACEWOODCT  Permit Type Fence Permit 1 omngACsoy-eoena 1 Zoningesident-New.  Assigned To Permit Date Total Fees Taylor Bruner 6/25/2024 $ Taylor Bruner 6/21/2024 $ Taylor Bruner 6/20/2024 $ 100.00 Taylor Bruner 6/20/2024 $ Taylor Bruner 6/17/2024 $ Taylor Bruner 6/17/2024 $ Taylor Bruner 6/25/2024 $ Taylor Bruner 6/25/2024 $ Russell Long  1  25.00 26.00  1229 SULLIVAN POND CT 1 omngAccesonPlescemta  26.00 25.00 25.00 25.00 25.00 25.00 25.00 26.00 26.00 25.00 26.00 26.00 25.00 25.00 50.0  502 VIRGINIA. AVE 991 STONYRIDGE. AVE 33 ROBINHOOD LANE  1 Zoning-Accessory-Residenua 1 LomngAtcesoly-Resemua 2 Sign Permit-Temporary  207 NOTTINGHILL LANE 2 LonngAccesoly-Resdema  130VINCENTAVE 116EFRANKUINST 518EWATERST  2 LonngAccesoly-Resbemua 2 Certificate of Appropriateness  6/25/2024 $  Austin Eidemiller 6/25/2024 $ Russell Long  2  Fence Permit  6/20/2024 $  137LITTLEJOHN ROAD 2 onngAcesoly-Redenua  Taylor Bruner 6/20/2024 $ Austin Eidemiller 6/19/2024 $ Russell Long  10WMAINST 135SELMST 189 FINSBURY LN 101-107WN MAIN: ST 106EMAINST  2 CERTIFICATE OF APPROPRIATENES:  2  Fence Permit 2 onnfAtesoly-edenta 2 Certificate of Appropriateness 2 Certificate ofA Appropriateness  6/17/2024 $  Taylor Bruner 6/16/2024 $ Austin Eidemiller 6/14/2024 $ Austin Eidemiller 6/13/2024 $ Russell Long Russell Long  121 PUBLIC: SQUARE NE 2 Sign Permit-Permanent  6/13/2024 $ 6/13/2024 $  121 PUBLIC: SQUARE 15SMARKETST  2 Certificate of Appropriateness 2 Certificate ofA Appropriateness  Austin Eidemiller 6/13/2024 $  25    Project Address Ward 16SCHERRYST 16SCHERRYST 508WMAINST 524SWALNUTST 734SRIDGE/ AVE 865WN MARKETS ST  Permit Type 2 Sign Permit-Permanent 2 Certificate of Appropriateness  Description BUILDING! SIGN PROJECTING SIGN TENTPERMIT POOL SHED OCCUPANCY PERMIT TEMP REPUBLICAN PARTY HEADQUARTERS POOL SHED POOL PATIO  Assigned To Permit Date Total Fees  Russell Long Russell Long  6/12/2024 $ 6/12/2024 $  52.00 26.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 50.00 25.00  2  Tent Permit 3 Loning-Accessory-Residenua 3 ZonngAccesoly-Rescemta Change of Occupancy  Austin Eidemiller 6/12/2024 $ Russell Long  6/25/2024 $  Taylor Bruner 6/19/2024 $ Taylor Bruner 6/25/2024 $ Taylor Bruner 6/25/2024 $ Taylor Bruner 6/25/2024 $ Taylor Bruner 6/18/2024 $ Taylor Bruner 6/17/2024 $ Austin Eidemiller 6/13/2024 $ Taylor Bruner 6/13/2024 $ Russell Long Russell Long Russell Long Russell Long  4  576 WILLOW CREEKWAY 4 omngAccesoly-ledena 26001 MEADOWPOINT DR 4 omngAccesoly-Resdemta  14291 EDINBURGH DR 2320CARADR 991 HAROLDS WAY 1338 KENTON WAY 1560 WILLAMSBURGI PL 4 1559 WILLIAMSBURG PL 4 1545 WILLIAMSBURG PL 4 1544 WILLIAMSBURG PL 4 1827 WI MAINS ST 2409 Waterford Drive 240FOXHARBORI DR 2812 NEW CASTLEDR  4 onnEACesoy-ecema 4 omngAccesoly-Resemta Change of Occupancy Fence Permit oningesidenta-New Zoning-Residenta-New Zoningesidenta-New. Zoning-Residenta-New Temporary Use Permit 6 Zoning- Residential Addition  4 4  OCCUPANCY- -FOURSTAR TOOLI RENTAL  FENCE NEW CONSTRUCTION NEW CONSTRUCTION NEW CONSTRUCTION NEW CONSTRUCTION TEMP USE- SEASONAL PRODUCE PATIOCOVER FENCE PATIO  6/13/2024 $ 103.50 6/13/2024 $ 103.50 6/13/2024 $ 103.50 6/13/2024 $ 103.50  5  Taylor Bruner 6/18/2024 $ Taylor Bruner 6/22/2024 $ 103.5 Taylor Bruner 6/20/2024 $ Taylor Bruner 6/12/2024 $  25.00  6  Fence Permit 6 omigAcesonPheioemtan    Project Address Ward  Permit Type  Description BUILDING SIGN  Assigned To Permit Date Total Fees Taylor Bruner 6/12/2024 $  65 KINGS CHAPEL DRN 6 Sign Permit-Permanent  52.00    Violation Activity Summary June 12, 2024- June 26, 2024  Case# Case Date Assigned To  Site Address Ward Type of Violation Status  Description  20240357 6/25/2024 Taylor Bruner 549 MAPLECRESTI DR 1 SHRUBBERY OVERGROWN Open  6/25 Complaint for Overgrowth in rear yard. Doing inspection 6/26  20240321 6/10/2024 Taylor Bruner  1489: SKYLARK DR 1  FENCE DISREPAIR BRUSHLETTER TRASH& DEBRIS TRASH&DEBRIS  Open 6/11 Complaint for Fence in disrepair. Spoke to owner about conditions. They plan Closed 6/11 Non-compliant brush per Street dept. Sent letter. Follow upe 6/186 6/18 Brush Closed 6/20, shrubs were removed from yard and left on curb. 6/21, items removed by 6/14, Trash present from ane eviction. Called owner ando discussed, he willl havei itr rem Received complaint regarding condition of property, possible rodenti infestation. Open 6/24 Complaint for Trash & Debris ont the propertyf from County Health Dept. Sent  fence with new. Follow up 7/12  20240324 6/11/2024 Taylor Bruner 1352 SHERIDAN CT 1  20240352 6/25/2024 Russell Long  603E EFRANKLINST 2  20240346 6/17/2024 Russell! Long 726 SHERMAN AVE 2  Closed  up 6/25, trash cleaned up. Closing.  20240347 6/17/2024 Russell Long 830 WASHINGTONST 2 PROPERTYI MAINTENANCE Open inspection, there was deteriorated fascia/soffit: and somel loose siding. Sending letter  7/31 up7 7/2  20240356 6/24/2024 Taylor Bruner 500 NI MADISONST 2 20240358 6/25/2024 Taylor Bruner 208 NH HARRISONST 2 20240359 6/25/2024 Taylor Bruner 208 NI HARRISONST 2  TRASH& DEBRIS ZONING PROBLEM TRASH& DEBRIS TRASH & DEBRIS BRUSHLETTER TALL GRASS/WEEDS Open 2 PROPERTY MAINTENANCE Open TALL_GRASS/WEEDS Open  Open Open Open  6/25 Complaint forp parking vehiclesi inr neighbor's property. Doing inspection 6/25 Complaint forl litter ont the property. Doing inspection 6/26 6/25 Complaint forl litter ont the property. Doing inspection 6/26  20240360 6/25/2024 Taylor Bruner  815WWATERST 2  20240325 6/11/2024 Taylor Bruner 598 FERNWOOD DR 2  Closed 6/11 Non- compliant brush per Street dept. Sent letter. Follow upe 6/186 6/18E Brush 6/11 Complaint for TGW. Sent! letter. Follow upe 6/19 6/25 House is vacant. Ran legal 6/11 Complaint for property maintenance conditions. top owner. 6/11 Complaint for TGW. Sent letter. Follow up 6/186 6/25 Noto done. Spoket tot tenant. 6/10F Received complaint about possible excessive rabbits at this address. Wast told case a couple years ago. 6/13 Met withp public health and AE atr residence. Spoke there. She: stated wev would need toc discuss with owner and hes should beb back called afternoon of6/13 and stated to AE, hel had approx: 30r rabbits. Was told tha violation. Hes said ther rabbits would beg gone by 6/27 and we canr reinspect thats same  20240326 6/10/2024 Taylor Bruner 20240327 6/10/2024 Taylor Bruner  6050 OHIO AVE 6030HIOAVE  2  up 7/2 Spoket property  our department for LSOp program. Follow up 7/12 through the weekend to get done. Follow up 7/1  20240328 6/10/2024 Taylor Bruner 572NMARKETST 2  20240355 6/25/2024 Russell Long  1005 WALKERST 3  EXCESSIVE ANIMALS Open waiting approx 30,1 theyl had notr returned. Left the property. Noi inspection forr rabbit  20240348 6/25/2024 Taylor Bruner  3054WSTRT55  4  TALL GRASS/WEEDS Open TRASH & DEBRIS 4 SHRUBBERY OVERGROWN Open TRASH& DEBRIS  6/25 Complaint for TGW. Sent letter. Follow up 7/5 6/24 Litter on the property. Sentl letter & ran! legal ad. Follow up 7/2 6/25 Complaint for overgrowth in ROW. Sent letter. Follow up 7/2  20240349 6/24/2024 Taylor Bruner 722WN MARKETST 4  Open  20240350 6/25/2024 Taylor Bruner  1100 WAYNES ST  20240323 6/10/2024 Taylor Bruner WATERBURY PLACE PARK 4  Closed 6/11 Complaint for Trasha and Grass dumping at park. Doingi inspection 6/126 6/19  unfounded. Close  Page:iof2    Case # Case Date Assigned To 6/10/2024 Taylor Bruner 20240330 6/11/2024 Taylor Bruner  Site Address Ward Type of Violation Status  Description  6/11 Complaint fors strip ofg grass between S Weston Road and not being maintai 6/11 Non-c compliant brush pile per street dept. Sent letter. Follow up 6/186 6/18 Brush 6/11 Non- compliant brush pile pers street dept. Sent letter. Follow upe 6/186 6/18 Brush 6/12 Complaint for TGW. Doingi inspection 6/12 6/12 Sentl letter. Follow upe 6/17 6/2  20240322  Buildingr  1520WMAINST 1153YORKLN  5 5  TAL_GRASS/WEEDS Closed the City. Doingi inspection 6/126 6/12/ AES spoke top property owner and resolved issues.  BRUSHLETTER BRUSHLETTER TALL GRASS/WEEDS Open ZONINGI PROBLEM ZONINGI PROBLEM ZONINGI PROBLEM  Closed Closed  Close Close sent to OZ. Follow up 7/26 6/25 Traileri in yard. Sent friendly. Follow up 7/2 6/25 Trailer iny yard. Sent friendly. Follow up 7/2 6/25 Patio no permit. Sent letter. Follow up 7/2  20240331 6/7/2024 Taylor Bruner 1301 CORNISHF RD 5  20240343 6/12/2024 Taylor Bruner  1539NORTHRD  5  20240351 6/25/2024 Taylor Bruner 130 KINGS CHAPEL DR 6 20240353 6/25/2024 Taylor Bruner 70-72 WESTHAVEN DR 6 20240354 6/25/2024 Taylor Bruner 2411 WATERFORD! DR 6  Open Open Open  20240329 6/10/2024 Taylor Bruner 150 CARRIAGE CROSSING 6 SHRUBBERY OVERGROWN Closed 6/11 Complaint for treei in reary yard. Doingi inspection 6/126 6/12) Violations unfounded  WAY  20240344 6/12/2024 Taylor Bruner 2403 HIGHLAND CT 6  ZONINGI PROBLEM Closed 6/11 Complaint for Gardeni inf front yard. Doingi inspection 6/126 6/12 Plants & Vegetable  house and front garden. Law Director confirmed noi issues. Violations unfounded.  Page: 2of2    July 2024  Sun  Mon 1 City Council 7:00 pm Council Chambers  Tue 2  Wed 3  Thu 4 City Offices Closed Independence Day  Fri 5  Sat 6  8 Council Committee 6:00 pm Council Chambers  9  10 Planning Commission 3:30 pm Council Chambers  11  12  13  14  15 Park Board Annual Tour of Parks 5:00 pm Park Department Office City Council 7:00 pm Council Chambers 22  16  17 Recreation Board Meeting 4:00 pm Hobart Arena  18  19  20  21  23  24 Planning Commission 3:30 pm Council Chambers  25  26  27  28  29 Council Committee 6:00 pm Council Chambers  30  31