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HomeMy WebLinkAboutResolution 03-24RECORD OF RESOLUTIONS BARRETT BROTHERS - DAYTON, OHIO Form 6301 Resolution No..Q3-24 Passed , AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE FRANKLIN COUNTY COMMISSIONERS FOR THE ADMINISTRATION OF WIRELESS 9-1-1 GOVERNMENT ASSISTANCE FUNDS WHEREAS, Franklin County is responsible for the administration of the Wireless 9-1-1 Governmental Assistance Funds it receives from the Ohio Department of Taxation; and WHEREAS, the City of Dublin serves as one of the five public safety answering points to provide wireless enhanced 9-1-1 services; and WHEREAS, this Agreement will provide a mechanism for the distribution of the 9-1-1 funds so that the City of Dublin may acquire and pay for permissible wireless 9-1-1 expenditures as outlined in the Ohio Revised Code; and WHEREAS, section 307.15 of the Revised Code provides the requisite authority for the parties to enter into this Agreement and perform their respective obligations; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, 1 __ of its elected members concurring, that: Section 1. The City Manager is hereby authorized to execute the intergovernmental agreement, attached hereto as Exhibit “A,” with the Franklin County Commissioners for the administration of Wireless 9-1-1 Government Assistance Funds. Section 2. This Resolution shall be effective upon passage in accordance with Section 4.04(a) of the Revised Charter. — Passed this__ 2b “_ day of Febracny , 2024. A de. Pa Mayor - Presiding Officer CLs (bd Gejk of CopAcil To: Members of Dublin City Council From: Megan O’Callaghan, City Manager Initiated By: Chief of Police Justin Páez Deputy Chief Greg Lattanzi Date: February 20, 2024 Re: Resolution 03-24 – Authorizing the City Manager to Execute an Intergovernmental Agreement with the Franklin County Commissioners for the Administration of Wireless 9-1-1 Government Assistance Funds Summary Attached for your consideration is Resolution 03-24, authorizing the City Manager to enter into an intergovernmental agreement with the Franklin County Commissioners for the purpose of receiving funds disbursed from the Wireless 9-1-1 Governmental Assistance Fund for the answering of 9-1-1 calls from wireless telephones. Adopted in 2006 and amended in 2008 and 2012, Ohio Revised Code §128 establishes a now $.25 per month user fee on every wireless phone bill to reimburse local public safety answering points for costs associated with receiving 9-1-1 calls placed from wireless telephones. As directed by law, the Wireless 9-1-1 Governmental Assistance Fund is administrated by the county commissioners, with funds being disbursed in accordance with the formula set by the local 9-1-1 Planning Committee. To facilitate disbursement, local agencies are required to maintain a current intergovernmental agreement. Our most recent agreement expired at the end of 2023. This new agreement will allow us to continue to receive funding disbursements through December 31, 2024. Attached you will find a copy of the proposed intergovernmental agreement between the City of Dublin and the Franklin County Commissioners. The agreement includes the resolution passed by the Franklin County 9-1-1 Planning Committee that establishes how funds will be disbursed to the local governmental entities. Once the intergovernmental agreement is executed by the parties, Franklin County will continue disbursements on a monthly basis for the duration of the fund. Disbursements received from the Wireless 9-1-1 Governmental Assistance Fund must be used in accordance with Revised Code §128.571 which includes those costs incurred in the designing, upgrading, purchasing and maintaining equipment as well as the training of staff used to answer wireless 9-1-1 calls. Up to fifty percent of the disbursements received may be used for personnel costs once all equipment purchases have been completed. Recommendation Recommend passage of Resolution 03-24. Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 Memo INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF DUBLIN AND FRANKLIN COUNTY, OHIO This Intergovernmental Agreement (“Agreement”) is made and entered into by and between the Franklin County Board of Commissioners (hereinafter referred to as the “County”) and the City of Dublin hereinafter referred to as the “City”). WHEREAS, the County receives Wireless 9-1-1 Government Assistance funds from the Public Utilities Commission of Ohio; and WHEREAS, the City is the recipient of 9-1-1 funds as approved by a resolution of the 9-1-1 Planning Committee on December 6, 2023; and WHEREAS, the County and the City desire to enter into this Agreement to provide for the distribution of the 9-1-1 funds in order for the City to expeditiously acquire and pay for permissible wireless 9-1-1 expenditures as outlined in R. C. 128.57; and WHEREAS, Revised Code §307.15 provides the requisite authority for the parties to enter into this Agreement and perform their respective obligations; and WHEREAS, this Contract has been authorized by Resolution No. _xxx-23_ of the Franklin County Board of Commissioners and Ordinance No. ___________, passed _________ day of ___________, 2024, by the City of ________________. NOW THEREFORE, in consideration of the premises and the mutual promises covenants and conditions contained herein, the parties hereto agree to the following: 1. Franklin County shall disburse monies received from Ohio’s 9-1-1 government assistance fund pursuant to the December 6, 2023 resolution of the Franklin County 9-1-1 Governing Board. The resolution and dollar amounts are attached hereto as Exhibit A and incorporated herein by this reference. 2. The City covenants and agrees that in the utilization of the 2024 9-1-1 wireless funds that it shall comport with any and all rules, regulations, and laws as required by the State of Ohio. 3. The County shall process payment directly to City on a monthly basis. 4. The parties agree that the City shall be the sole owner of any and all equipment and/or software purchased by the City with funds disbursed pursuant to this Agreement. 5. With respect to 9-1-1 funds disbursed to the City, in the event that an authorized governmental agency or its agent having responsibility for conducting an audit disallows certain costs and requires that a refund be issued, the City shall be responsible for providing the refund amount in full. 6. This contract is subject to amendments, modifications, or alterations anytime, provided such amendments, modifications, or alterations are agreed upon in their entirety by all parties hereto, and executed in accordance with applicable provisions of the Ohio Revised Code. 7. This contract shall be construed, interpreted, and the rights of the parties determined, in accordance with the laws of the State of Ohio. A determination that any part of this agreement is invalid shall not invalidate or impair the force or effect of any other part thereof, except to the extent that such other part is wholly dependent for its operation upon the part so declared invalid. 8. This Agreement may be executed with signatures delivered by either facsimile or scanned e-mail and copies of such signatures so delivered shall be deemed originals. The undersigned warrant their authority to execute this Agreement. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands to this agreement this _____ day of ________________, 2024. _________________________________ _______________________________ Ken Wilson, County Administrator Megan O’Callaghan, City Manager City of Dublin Approved as to Form: Approved as to Form: _________________________________ _______________________________ By: Asst. Prosecuting Attorney By: City Attorney’s Office