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HomeMy WebLinkAboutResolution 88-23RECORD OF RESOLUTIONS GOVERNMENT FORMS & SUPPLIES 844-224-3338 FORM NO, 30045 88-23 Resolution No.__ Passed , 20 AUTHORIZING THE CITY MANAGER TO ENTER INTOA CONTRACT FOR PUBLIC HEALTH SERVICES WITH THE BOARD OF HEALTH OF THE FRANKLIN COUNTY GENERAL HEALTH DISTRICT FOR 2024 WHEREAS, The Board of Health of the Franklin County General Health District is a health district as defined under Ohio Revised Code (ORC) Section 3709.01; and WHEREAS, ORC Section 3709.08 authorizes cities in Franklin County to contract with the Board to provide public health and plumbing services to and within the City; and WHEREAS, The District Advisory Council of the Franklin County General Health District, created by ORC 3709.03, voted affirmatively on March 23, 2023 to provide public health and plumbing services to cities in Franklin County, and authorized the Chairman of the District Advisory Council to enter into contracts with each city to provide public health and plumbing services therein; and WHEREAS, the City of Dublin contracts with the District Advisory Council of the Franklin County General Health District to provide public health and plumbing services as required by the Ohio Revised Code; and WHEREAS, the current contract expires December 31, 2023. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, __(y _ of the elected members concurring that: Section 1. The City of Dublin desires to enter into a contract, attached hereto as an Exhibit, with the District Advisory Council of the Franklin County General Health District to provide health services to the residents of the City of Dublin for the calendar year 2024. Section 2. The City Manager be, and hereby is, authorized and directed to execute said contract with the District Advisory Council of the Franklin County General Health District. Section 3. This Resolution shall be effective immediately upon passage in accordance with Section 4.04(a) of the Revised Charter. passedthis J" day of “Deceacbs , 2023. Ga fh Mayor - Pregiding Officgs/ v ATTEST: Clerk of Coy¥incil To: Members of Dublin City Council From: Megan O’Callaghan, City Manager Date: December 5, 2023 Initiated By: Jay Anderson, Director of Public Service Brad Fagrell, Director of Building Standards Kendel Blake, Management Analyst Riley Hoover, Management Intern Re: Resolution 88-23 – 2024 Franklin County Public Health Contract Summary Resolution 88-23 authorizes the City Manager to enter into a contract (attached) with the District Advisory Council of the Franklin County General Health District (Franklin County Public Health) for the provision of public health services, plumbing plan review and inspection services for 2024. Franklin County Public Health serves as the public health agency for the City, including the portions of the City in Delaware and Union Counties. The Board of Franklin County Public Health approved a per capita rate of $9.89 for the public health services it provides to participating jurisdictions for 2024. This per capita rate reflects an increase of 3% over the 2023 per capita rate ($9.60). Based on MORPC’s estimated population for Dublin of 49,221, the City’s costs for the 2024 contract is $486,795.89. This is an increase of $14,293.98 from the 2023 amount ($472,501.91). This amount has been budgeted as part of the 2024 Operating Budget. As Council is aware, the City of Dublin contracts separately with Franklin County Public Health for mosquito control services. Franklin County Public Health is responsible for the mosquito contract administration and monitors the contractor’s performance and compliance with the terms, conditions, and specifications of the contract. In October 2023, Franklin County Public Health published a request for proposals for the Mosquito Management Program. Franklin County Public Health received and evaluated two proposals for Mosquito Management Services for 2024-2026. The proposers were Clarke Environmental Mosquito Management (Clarke) who was the past provider from 2018 to 2023 and Vector Disease Control, International (VDCI) who held the contract prior to 2018. VDCI scored highest on the request for proposal responses and had the lowest pricing proposal; therefore, VDCl was the successful proposer. Costs for the 2024 program is $51,782.81. This is an increase of $10,560.11 from the 2023 amount. 2023 was the final year of Clark Environmental contract extension. Staff has also budgeted for these services in the 2024 Operating Budget. Recommendation Staff recommends Council approve Resolution No. 88-23 authorizing the City Manager to enter into a contract for Public Health Services with the Board of Health of the Franklin County General Health District for 2024. Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017 Phone: 614.410.4400 Memo Franklin County Public Health Health Services Contract (2024) City of Dublin Template FCPO Approved 12.30.22 PUBLIC HEALTH SERVICES CONTRACT Between FRANKLIN COUNTY BOARD OF HEALTH And CITY OF DUBLIN This Public Health Services Contract (the “Contract”) entered into by and between the City of Dublin (hereafter referred to as “City”), with its principal address being 5555 Perimeter Drive, Dublin, Ohio 43017, and the Board of Health of the Franklin County Public Health (hereafter referred to as “Board” or “FCPH”) for 2024 Public Health Services (the “Services”)under the approval of Resolution No. 23-158, dated September 12, 2023. WHEREAS, FCPH is a general health district as defined under Ohio Revised Code (“ORC”) Section 3709.01. WHEREAS, ORC Section 3709.08 authorizes cities in Franklin County, Ohio to contract with the Board to provide the Services to and within the City. WHEREAS, the District Advisory Council (hereafter referred to as “Council”) of the Franklin County Public Health, created by ORC 3709.03, after giving due notice by publication, as required by law, held a public meeting on March 23, 2023 at which members representing the Council voted affirmatively to provide public health services to the cities in Franklin County, by a majority vote, and authorized the Chairman of the Council to enter into a contract with the Mayor of each city to provide public health services therein. WHEREAS, FCPH is engaged in the governance of providing public health services as described in this Contract and the Scope of Work, attached hereto and incorporated herein as Exhibit A, and has the knowledge, skills and resources to provide such services in accordance with Ohio law and the terms and conditions of this Contract. WHEREAS, pursuant to ORC 3709.08(C), the Contract was submitted to the State of Ohio’s director of health. FCPH is organized and equipped to provide the services and shall have the powers and shall perform all the duties required of the board of health or the authority having the duties of a board of health within the City. WHEREAS, the City is willing to contract with the Board for such services in accordance with Ohio law and the terms and conditions of this Contract. NOW THEREFORE, for the mutual considerations herein specified, the City and FCPH, hereby agree to the terms and conditions, as follows: SECTION 1 – SERVICES The Board shall, for the consideration hereinafter stated, furnish to the City, and inhabitants thereof, all such public health services as are furnished to all villages and townships and the inhabitants thereof, of Franklin County, Ohio. The Services shall include all services as allowed by law according to the most current version of the Ohio Revised Franklin County Public Health Health Services Contract (2024) City of Dublin Template FCPO Approved 12.30.22 Code and as listed in Exhibit A. The Services shall meet the minimum standards and optimal achievable standards for boards of health and local health departments, pursuant to ORC Section 3701.342, and shall include enforcement of all rules and regulations, pursuant to the Ohio Administrative Code and the enforcement of the following Franklin County Public Health Regulations: (100) Definitions (103) Plumbing and Medical Gas for Commercial, Public and Residential Buildings and Places (104) Rabies Control (105) Approval of Building Plans (106) Sewage Treatment Systems (199) Administration and Enforcement The current version of the above-referenced regulations of Franklin County Public Health shall apply to, and be enforceable within, the jurisdiction of the Franklin County Public Health and the City. The City Attorney shall be responsible for any litigation involving enforcement of Health Regulations within the corporate limits of the City. SECTION 2 – TERM AND TERMINATION The term of this Contract shall begin on January 1, 2024, and end on December 31, 2024, subject to the termination provisions herein. Either party to this Contract shall have the right to terminate the Contract upon 120 days written notice. This Contract shall not have any renewal terms. SECTION 3 – COMMUNICATION The Board will provide ongoing communication with the Mayor/City Manager and his or her designees through notification at least quarterly. This communication will provide information on timely public health topics, upcoming events and featured services. Reports and other information about direct services that are being provided to the City will be provided upon request. SECTION 4 – PUBLIC HEALTH PAYMENT, FEES & CHARGES The City shall pay the Board for Services furnished to the City. The fee for such payment shall be based on a per capita rate of $9.89. The total cost for the Services for 2024 shall not exceed $486,795.69 (the “Fee”), notwithstanding any fee established pursuant to the sections set forth below. Such Fee shall be paid to the Board in installments of 50% of the total contract amount in January 2024 and 50% of the total contract amount in June 2024 through the process of withholding such amounts from the semi-annual real estate tax settlement distribution to be received by the City and transferred to the Board by the Settlement Officer of the Franklin County Auditor. Franklin County Public Health Health Services Contract (2024) City of Dublin Template FCPO Approved 12.30.22 In any instance where the Board expends funds to abate a nuisance within the City, pursuant to Section 1 above, the Board may invoice the City for the costs of such nuisance abatement and the City shall pay such cost. The cost of any such abatement shall be in addition to the Fee set forth herein. The Board agrees to certify such nuisance abatement costs to the Franklin County Auditor to be recorded as a lien upon the property and shall reimburse all funds recovered under such a lien to the City, less the cost of abatement services. SECTION 5 – PLUMBING AND MEDICAL GAS SERVICES AND FEES 5.01 Plumbing Services and Fees The City, through its Building Department, shall receive all plumbing plans and collect such associated fees. The fees to be charged by the City shall be the most current fees charged by FCPH. FCPH shall conduct plan review electronically using City’s software plan review software. The City shall ensure that FCPH has adequate access to such software, as needed, to complete such plan review. The City, through its Building Department, shall pay FCPH for all plumbing plan review fees collected by the City. The City shall provide FCPH monthly statements of all plumbing plan reviews, and all plan review fees collected by the City. FCPH shall then invoice the City for all plan review fees collected based on the City’s monthly statements. The City shall pay said amount within thirty (30) days after receipt of the invoice. The City, through its Building Department, shall issue plumbing permits and collect fees for such permits. The fees to be charged shall be the most current fees charged by the FCPH. The City shall pay FCPH sixty (60) percent of all plumbing permit fees collected by the City. The City shall provide FCPH monthly statements of all permits issued, and permit fees collected. FCPH shall then invoice the City for sixty (60) percent of the permit fees collected based on the City’s monthly statements. The City shall pay said amount, within thirty (30) days after receipt of the invoice. FCPH shall conduct inspections for all plumbing installations within the City. Inspectors shall be state certified Plumbing Inspectors and Plumbing Plans Examiners by the Ohio Board of Building Standards. 5.02 Medical Gas Services and Fees FCPH will receive all medical gas plans and shall provide plan review and inspections for all medical gas installations within the City. FCPH will issue permits and collect fees for such medical gas plans and permits. Inspectors shall be certified by the American Society of Safety Engineers (ASSE) and the Ohio Board of Building Standards as Medical Gas Inspectors. SECTION 6 – ACTUAL LIABILITIES The City shall be responsible for any litigation involving enforcement of health regulations within the corporate limits of the City. Franklin County Public Health Health Services Contract (2024) City of Dublin Template FCPO Approved 12.30.22 Each party to this Contract shall be responsible for any liability, claim, loss, damage or expenses, including without limitation, reasonable attorney fees, arising from its negligent acts or omissions in connection with its performance of this Contract, or its failure to comply with the terms of this Contract, as determined by a court of competent jurisdiction. Nothing in this section shall be construed as an obligation of the either party to defend, hold harmless, or indemnify any other party, entity, or individual, even for claims that are the result of negligent acts or omissions of such other party. SECTION 7 – GOVERNING LAW AND VENUE This Contract and any claims arising in any way out of this Contract shall be governed by the laws of the State of Ohio. Any litigation arising out of or relating in any way to this Contract or the performance hereunder shall be brought only in an Ohio court of competent jurisdiction in Franklin County, Ohio, and the City hereby irrevocably consents to such jurisdiction. SECTION 8 – APPROVAL This Contract is approved by a majority of the members of the legislative authority of the City, pursuant to the provisions of Ordinance _____________________________________ dated ______________________________. The City has determined that Franklin County Public Health is organized and equipped to adequately provide the Services that are the subject of this Contract. Franklin County Public Health Health Services Contract (2024) City of Dublin Template FCPO Approved 12.30.22 IN WITNESS WHEREOF, the parties to this agreement have hereunto set their hands and seals and have executed this agreement the day and year written below. DISTRICT ADVISORY COUNCIL OF THE FRANKLIN COUNTY GENERAL HEALTH DISTRICT ________________________________________________ Chairperson Date FRANKLIN COUNTY PUBLIC HEALTH ________________________________________________ Joe Mazzola, MPA Date Health Commissioner THE CITY OF DUBLIN, OHIO ________________________________________________ Megan O’Callaghan, City Manager Date APPROVED AS TO FORM: G. Gary Tyack Prosecuting Attorney Franklin County, Ohio ____________________________________________________ Assistant Prosecuting Attorney Date Attorney for Franklin County Public Health ____________________________________________________ City Attorney Date City of Dublin, Ohio Franklin County Public Health Health Services Contract (2024) City of Dublin Template FCPO Approved 12.30.22 FINANCIAL CERTIFICATE It is hereby certified that the amount required to meet the contract agreement, obligation, payment of expenditure for the above has been lawfully appropriated, authorized or directed for such purpose and is in the treasury or in the process of collection to the credit of the proper fund and is free from any obligation or certificated now outstanding. _________________________________ ___________________________ Finance Director Date City of Dublin, Ohio Franklin County Public Health Health Services Contract (2024) City of Dublin Template FCPO Approved 12.30.22 EXHIBIT A SCOPE OF WORK Franklin County Public Health (“Board”), hereby agrees to provide health services for the City for the calendar year 2024 as set forth below ("Services"). • The Board shall have full authority to be and act as the public health authority for the City • The Services described in the schedule listed below in this Exhibit will be provided by the Board to the City. • The Services will include all necessary medical, nursing, sanitary, laboratory and such other health services as are required by the Statutes of the State of Ohio. The followings specific services shall be a part of the Services provided under this Contract: List of Functions, Programs and Services Administrative Services: Administration Budget, Accounts Payable, Accounts Receivable Communication & Marketing Grant Writing & Management Records Management Reports - Financial & Statistical Data Services: Community Health Assessment Health Data Environmental Health: Body Art Business Approval, Inspection and Education Food Service Operation Licensing, Inspection & Education Healthy Homes (Lead, Radon) Inspection & Education Vector Control Education Public Health Nuisance Enforcement & Education Plumbing & Medical Gas Inspections Public Swimming Pool & Spa Licensing, Inspection & Education Rabies Surveillance - Animal bite investigation and follow up Retail Food Establishment Licensing, Inspection & Education School Facilities Inspection & Education Sewage Treatment System Permitting, Inspection & Education Smoke Free Workplace Enforcement & Education Solid Waste, Construction and Demolition Facility, Transfer Station Inspection & Enforcement Sustainability Education and Efforts Temporary Park Camp Licensing, Enforcement & Inspection Water Quality Permitting, Testing & Education Emergency Preparedness: Franklin County Public Health Health Services Contract (2024) City of Dublin Template FCPO Approved 12.30.22 The Board maintains a range of grant funded programs for citizens throughout the County who are income qualified. THE BOARD RESERVES THE RIGHT TO AMEND THIS EXHIBIT AT ANYTIME PRIOR TO AUTHORIZATION OF THE CITY COUNCIL AND THE BOARD OF HEAL TH ANNUALLY. Community Outreach and Education Injury Prevention/Opiate Crisis Programs & Education Public Health Emergency Preparedness Planning and Cities' Readiness Initiative activities Epidemiology, Surveillance, Investigation Services: Reportable Infectious Disease investigation and follow-up(excluding HIV/AIDS; STD; TB) Disease Outbreak Management Health Promotion: Community Health Action Teams Farm to School Program Nutrition & Physical Activity Education Programs Safe Routes to Schools Tobacco Use Prevention, Education & Cessation Program Health Systems & Planning: Community Health Improvement Plan Data & Information Technology Public Health Accreditation Immunization Services: Childhood and Adult Vaccine Administration Services Occupational Health: Immunizations and screenings - Fee for Service Maternal & Child Health: Bureau for Children with Medical Handicaps (BCMH) Public Health Nursing Services Safe Sleep & Infant Mortality Prevention Initiatives & Education