No contract entered into by the Village for the procurement of goods or services shall include any of the following:
(a) A provision that requires the Village to indemnify or hold harmless another person.
(b) A provision by which the Village agrees to binding arbitration or any other binding extra-judicial dispute resolution process.
(c) A provision that names a venue for any action or dispute against the state other than a court of proper jurisdiction in Hamilton County, Ohio.
(d) A provision that requires the state to agree to limit the liability for any direct loss to the state for bodily injury, death, or damage to property of the Village caused by the negligence, intentional or willful misconduct, fraudulent act, recklessness, or other tortious conduct of a person or a person's employees or agents, or a provision that would otherwise impose an indemnification obligation on the Village.
(e) A provision that requires the Village to be bound by a term or condition that is unknown to the Village at the time of signing a contract, that is not specifically negotiated with the Village, or that may be unilaterally changed by the other party.
(f) A provision that is inconsistent with the Village's obligations under R.C. §§ 121.22 and/or 149.43.
(g) A provision for automatic renewal such that Village fund are or would be obligated in subsequent fiscal years.
If a contract contains a term or condition described in this section, the term or condition is void ab initio, and the contract containing that term or condition otherwise shall be enforceable as if it did not contain such term or condition. A contract that contains a term or condition described in this section shall be governed by and construed in accordance with Ohio law notwithstanding any term or condition to the contrary in the contract.
(Ord. 33-2022, passed 9-27-2022)