AN ORDINANCE

BY:
NO.

TO ENACT NEW SECTION 145.10, CONTRACT PROVISIONS, OF THE OAKWOOD ADMINISTRATIVE CODE, TO PROHIBIT THE INCLUSION OF CERTAIN TERMS IN THE CITY’S PUBLIC CONTRACTS.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OAKWOOD, STATE OF OHIO, THAT:

SECTION I.

New Section 145.10, CONTRACT PROVISIONS, of the Oakwood Administrative Code, is hereby adopted and made a part of the Codified Ordinances of the City of Oakwood, Ohio, to read as follows:

SECTION 145.10 CONTRACT PROVISIONS

  1. A.
    Except as otherwise required by applicable Ohio or federal law, the City shall not be bound by any of the following provisions in any contract:
    1. 1. A provision that requires the City to indemnify, defend, or hold harmless another person or entity.
    2. 2. Except in collective bargaining agreements, a provision requiring the City to submit to binding arbitration or any other binding extra-judicial dispute resolution process.
    3. 3. A provision that names a venue for any action or dispute against the City other than a court of proper jurisdiction in Ohio.
    4. 4. A provision that requires the City to agree to unreasonably limit the liability for any direct loss to the City for bodily injury, death, or damage toproperty of the City caused by the negligence, intentional or willful misconduct, fraudulent act, recklessness, or other tortious conduct of a person or entity or their employees or agents, or a provision that would otherwise impose an indemnification obligation on the City.
    5. 5. A provision that binds the City to, or requires the City to be bound by a term or condition that is unknown to the City at the time of signing a contract, that negates the City’s purchase order or any provision(s) thereof, that is not specifically negotiated with the City, that may be unilaterally changed by the other party, or that is electronically accepted by an unauthorized City employee.
    6. 6. A provision that is inconsistent with the City’s obligations under section 149.43 of the Ohio Revised Code.
    7. 7. A provision that limits the City’s ability to recover the cost of cover for a replacement contractor.
    8. 8. A provision for automatic renewal that would cause a violation of applicable law.
    9. 9. A provision that requires or results in the use or application of any state’s law other than Ohio law in governing and interpreting the contract.
  2. B.
    If a contract contains a provision described in division A of this section, the provision is void ab initio, severable, and unenforceable, and the contract containing that provision otherwise shall be enforceable as if it did not contain such provision.

SECTION II.

It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal action were in meetings open to the public, if required, in compliance with all legal requirements including Ohio R.C. 121.22.