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CITY OF NOR'TI1 OLMSTED <br />ORDINANCE NO. 2019 - 46 <br />BY. MA YOR KENNED Y <br />AN ORDINANCE A UTHORIZING THE DIRECTOR OF LA IT' <br />TO RETAIN THE SERVICES OF THOMPSON HINE L.L.P., <br />ATTORNEYS AT LA ll', TO REPRESENT THE CITY OF <br />NORTH OLMSTED IN LITIGATION / ARBITRATION <br />CONCERNING THE SPRING VALE IMPROVEMENT PHASE I <br />CONSTRUCTION PROJECT, AND DECLARING AN <br />EMERGENCY. <br />WHEREAS, the City of North Olmsted selected I larp Contractors in the bidding process to <br />perform the Springvale Improvement Phase I Construction Project• and <br />WHEREAS, Icarp Contractors inexplicably walked offthe job in ?018„ causing the City to <br />proceed on the bond; and <br />WHEREAS, ongoing disagreements have arisen with respect to obligations owed and <br />performance of work undertaken. leading to demands from both parties. and <br />WHEREAS, the City, including the Director of Law. will continue to negotiate in good <br />faith, but discussions appear to be headed toward litigation; and <br />WHEREAS, this Council recognizes that there is a specialization in the area of complex <br />construction litigation; and <br />WHEREAS, it is upon the recommendation of the I)irector ol' Law that it is necessary to <br />seek the assistance ofoutsidc counsel who specializes in the area of construction law and litigation: <br />and <br />WHEREAS, the Director of Law has negotiated with the firm ofThompson I -line. L.L.P., to <br />provide services to assist the City with respect to the hereinbefore specified dispute, and <br />WHEREAS, the Director of I_aw, consistent with the Charter under article V. Section 2. <br />requests that he be authorized to procure the services of "Thompson Hine, L.L.P. to assist in <br />negotiating a resolution to the aforesaid dispute. <br />NOW, THEREFORE, BE IT ORDAINF_D BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: <br />SECTION 1: That the Director of Law be, and he hereby is, authorized to retain the <br />services of Thompson Hine L..L.P. to represent the City of North Olmsted in the ongoing dispute, <br />which engagement agreement is on file in the Department of Law. <br />SECTION 2: That this Ordinance is hereby declared to be an emergence measure <br />immediately necessary for the preservation of the public health, safety and welfare, and for the <br />