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HomeMy WebLinkAboutOrdinance 02-10RECORD OF ORDINANCES Dayton Legal Blank Inc. Ordinance No. 02 -10 Passed . 26 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR HEALTH SERVICES WITH THE FRANKLIN COUNTY BOARD OF HEALTH FOR 2010, AND DECLARING AN EMERGENCY. WHEREAS, Chapter 3709 of the Ohio Revised Code states that a city constitutes health district and must provide health services for residents within that district; and WHEREAS, the City contracts with the Franklin County Board of Health to provide health services as required by the Ohio Revised Codes; and WHEREAS, the previous contract authorized under Ordinance 77 -08 between the Franklin County Board of Health and the City of Dublin expired on December 31, 2009. NOW, THEREFORE, BE IT ORDAINED by the Council of the City ofDublin, State of Ohio, -!�— 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 Franklin County Board of Health to provide health services to the residents of the City of Dublin. Section 2. The City Manager and Finance Director be, and hereby are, authorized and directed to execute said contract with the Franklin County Board of Health. Section 3. This Ordinance is declared an emergency measure necessary for the immediate preservation of the public peace, health, safety, and welfare of the City, and therefore shall be effective upon passage. Passed this day of 1 2010. Mayor - Presi in Officer ATTEST: 0 l — 0- Clerk of Council Office of the City Manager 5200 Emerald Parkway Dublin, Ohio 43017 -1090 CITY OF DUBLIN Phone: 614- 410 -4401 * Fax: 614 - 410 -4900 Memo TO: Members of the Dublin City Council FROM: Terry Foegler, City Manager T� INITIATED BY: Marsha Grigsby, Deputy City Ma ad ger/Director of Finance DATE: January 7, 2010 RE: Ordinance No. 02 -10 —Franklin County Board of Health 2010 Contract Summary Ordinance No. 02 -10 authorizes the City Manager to enter into a contract with the Franklin County Board of Health (FCBH) for the provision of public health services and plumbing inspection services for 2010. FCBH serves as the public health agency for the City, including the portions of the City in Delaware and Union Counties. The FCBH establishes a per capita rate for the public health services it provides to participating jurisdictions. Based on the Mid -Ohio Regional Planning Commission's estimated population for Dublin of 38,909 and the FCBH's 2010 per capita rate of $5.73, the City's cost for the 2010 contract is $222,948.57. This cost is the same as for 2009. The fees for plumbing inspection services are based on inspections performed at a rate of $75 per inspection. In addition to the services noted above, the 2010 contract includes the mosquito management services program as discussed during the 2010 budget workshops. These services were previously provided for in a separate contract. The cost of this service is based on a fee of $0.29 per capita cost, for a total of $11,283.61. Recommendation Staff recommends that Council dispense with the public hearing and approve Ordinance No. 02 -10 as emergency legislation at the January 11, 2010 Council meeting. Health Commissioner Susan A. Tilgner, MS, RD, LD, RS Board Members Jack R.Bope Jerry L. Lupfer Dana L. McDaniel Annemarie Sommer, M.D. Joseph P. Weaver Web Site Address www.fra nklincountyoh io. gov /health (614) 462 -3160 Phone (614) 462 -6672 Administrative Division Fox (614) 462 -3851 Environmental Division Fax (614) 462 -6673 Nursing Division Fox Serving the communities of: Bexley • Blendon Township • Brice • Brown Township • Canal Winchester Clinton Township • Dublin • Franklin Township Gahanno • Grandview Grove City • Groveport • Hamilton Township Harrisburg • Hilliard Jackson Township • Jefferson Township • Lockbourne Madison Township • Marble Cliff • Mifflin Township Minerva Park • New Albany • Norwich Township Obetz • Perry Township Plain Township • Pleasant Township • Prairie Township • Reynoldsburg • Riverlea • Sharon Township • Truro Township • Upper Arlington • Urbancrest • Volleyview • Washington Township Westerville • Whitehall December 7, 2009 Terry Foegler, City Manager City of Dublin 5200 Emerald Parkway Dublin, OH 43017 Dear Mr. Foegler: RECEIVED THIS DATE DEC 0 g 09 CITY MANAGER'S OFFICE To assist in the processing of your operating budget and expenditure projections, we would like to provide notice to you about the health services charges for the 2010 contract year. Based on our operating cost budget submitted to the Franklin County Board of Health on September 9, 2009, the per capita rate will be $5.73 and the annual cost of your 2010 contract will be $222,948.57 (same as in 2009). Your total cost is determined by multiplying your respective city's population figures received from the Mid -Ohio Regional Planning Commission (MORPC) by the per capita rate. This population figure for your city is 38,909. In addition, we have incorporated the Integrated Mosquito Management Services Program into this year's contract at a rate of $0.29 per capita, a $0.10 increase from 2009. The total cost for the mosquito portion of the contract is $11,283.61. Enclosed are three original contracts for your signature. Please sign and return all three contracts to the attention of Deidra Wolf. Once all other signatures are obtained, a fully executed contract will be returned to you. If you need further assistance or have questions about your 2010 contract, please contact me at (614) 462 -5766 or our Fiscal Officer, John Wolf, at (614) 462 -3938. As always, we are willing to attend any city council, committee or administration meeting to answer questions. Just let us know. Sincerely, Susan A. Tilgner, MS, RD, LD, RS Health Commissioner Cc: John Wolf, Fiscal Officer File 1*1410 F A a 11M41111119111 IWRNY01 2010 HEALTH SERVICES CONTRACT Between the: The District Advisory Council of the Franklin County General Health District 280 East Broad Street Columbus, Oh 43215 and The City of Dublin, Ohio 5200 Emerald Parkway Dublin, Ohio 43017 Contact us at: (614) 462 -3160 / Fax (614) 462 -6672 www.franklincountyohio.gov/health EXHIBIT 1 CONTRACT BETWEEN THE CITY OF DUBLIN, OHIO AND THE DISTRICT ADVISORY COUNCIL OF THE FRANKLIN COUNTY GENERAL HEALTH DISTRICT. This contract is made and entered into by and between the City of Dublin, Ohio, a municipal corporation constituting a city health district, and the District Advisory Council of the Franklin County General Health District pursuant to Ohio Revised Code section 3709.08. WITNESSETH SECTION 1. The District Advisory Council of the Franklin County General Health District shall, for the consideration hereinafter stated, furnish to the City of Dublin, Ohio, and inhabitants thereof, all such public health services as are furnished by said Council to all villages and townships and the inhabitants thereof, of Franklin County, Ohio. Said services shall include the following Minimum Public Health Standards for Local Health Departments, as allowed by law according to the most current Ohio Administrative Code statutes: 3701 -36 -04 Protect people from disease and injury 3701 -36 -05 Monitor health status 3701 -36 -06 Assure a safe and healthy environment 3701 -36 -07 Promote healthy lifestyles 3701 -36 -08 Address the need for personal health services 3701 -36 -09 Administer the health district Also, the Franklin County General Health District shall provide other services, including the enforcement of the following Franklin County Board of Health Regulations: (703) Plumbing (709) Rabies Control Regulation (710) Housing Maintenance and Occupancy (712) Rat Control (715) Dead Animals (716) Weeds (717) Manure (718) Nuisance (719) Approval of Building Plans (720) Household Sewage Treatment Systems (800) Comprehensive Solid Waste Regulations (803) Waste Haulers 2 The City of Dublin, Ohio, shall adopt, according to law, the current version of the above - described regulations of the Franklin County Board of Health. Such services shall be rendered, if appropriate and necessary, when requested by the citizens of Dublin, Ohio, officials of city government, school authorities or medical personnel practicing in or around the City of Dublin, Ohio or when required by state statute. The Law Director of Dublin, Ohio shall be responsible for any litigation involving enforcement of Health Regulations within the corporate limits of said political subdivision. This Agreement and any claims arising in any way out of this Agreement shall be governed by the laws of the State of Ohio. Any litigation arising out of or relating in any way to this Agreement or the performance hereunder shall be brought only in an Ohio court of competent jurisdiction in Franklin County, Ohio, and the City of Dublin hereby irrevocably consents to such jurisdiction. SECTION 2. Said public health services shall be furnished beginning January 1, 2010 and ending December 31, 2010 provided, however, that either party to this agreement shall have the right to cancel the same upon four (4) months written notice and the parties hereto may, by mutual written agreement, modify the terms of this agreement. SECTION 3. The Health Department shall render a report quarterly to the Mayor /City Manager on all services directly rendered to the citizens of Dublin. Such a report shall describe the type of service, where and for whom the service was rendered, and the number of cases, visits or other appropriate work units. SECTION 4. The City of Dublin, Ohio shall pay to the Franklin County General Health District for said public health services furnished to the City of Dublin, Ohio and the inhabitants thereof, such sum or sums of money based on a per capita rate as would be charged against municipal corporations composing the Franklin County General Health District at a per capita rate of $5.73. SECTION 5. Said sum or sums of money shall be paid by the said City of Dublin, Ohio to said Franklin County General Health District upon receipt of semi - annual invoices by the Franklin County Board of Health on the first day of January, and June, 2010. The sum for 2010 shall not exceed $222,948.57, notwithstanding any fee established pursuant to the sections set forth below. 3 SECTION 6 . In any instance where the Franklin County General Health District expends funds to abate a nuisance pursuant to Section 1, above, within the City of Dublin, Ohio, the Franklin County General Health District may invoice the City of Dublin, Ohio for the costs of such nuisance abatement. Further, the City of Dublin, Ohio, shall pay, in addition to those sums set forth in Section 5, above, to the Franklin County General Health District the cost to abate the nuisance. The Franklin County General Health District 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 of Dublin, Ohio. INTEGRATED MOSQUITO MANAGEMENT SERVICES: SECTION 7. The Franklin General Health District shall for the consideration hereinafter stated, furnish to the City of Dublin, Ohio, with integrated mosquito management services. This service exceeds the Minimum Public Health Standards for Local Health Departments outlined in Ohio Administrative Code 3701 -36 -04 through 3701- 36 -09. SECTION 8 . Said integrated mosquito management services shall be furnished for a period beginning March 1, 2010 and remain in full force until December 31, 2010, provided, however, that either party to this agreement shall have the right to cancel the same upon four (4) months written notice. SECTION 9. The Franklin General Health District shall render a report every month to the mayor and/or other designated representative of the City of Dublin on all services directly rendered to the citizens of Dublin. Such report shall describe mosquito trap numbers, West Nile virus positive mosquitoes, location and treatment of mosquito breeding sites (including catch basins), complaint investigations, and adulticide treatment areas. SECTION 10. The City of Dublin, Ohio shall pay to the Franklin County General Health District for said integrated mosquito management services furnished to the City of Dublin, Ohio and the inhabitants thereof, such sum or sums of money based on a per capita rate as would be charged against municipal corporations composing the Franklin County General Health District at a per capita rate of $0.29, not to exceed $11,283,61. PLUMBING INSPECTION SERVICES: SECTION 11. The Franklin County General Health District will provide a back -up Certified Plumbing Inspector to the City of Dublin as mutually agreed upon on an as- needed basis. The Franklin County General Health District will abide by the Rules and Regulations of the City of Dublin now in effect and such Rules and Regulations as may be amended or adopted during the term of this contract. The Franklin County General Health District agrees to abide by all applicable provisions of the Ohio Revised Code 4 now in effect and such provisions as may be amended or enacted during the term of this contract. SECTION 12. The Franklin County General Health District shall faithfully and to the best of its ability discharge the duties of Back -up Plumbing Inspector in a professional manner to the satisfaction of the Building Official for the City of Dublin. SECTION 13. As compensation for such service, the City of Dublin shall pay the Franklin County General Health District a rate of $75.00 per inspection. SECTION 14. Said sum or sums of money shall be paid by the City of Dublin, Ohio to the Franklin County General Health District monthly and shall be paid within thirty (30) days after receiving a statement from the Franklin County General Health District. SECTION 15. This contract is approved by a majority of the members of the legislative authority of the City of Dublin, pursuant to the provisions of Ordinance dated SECTION 16. The City of Dublin, Ohio has determined that the District Advisory Council of the Franklin County General Health District is organized and equipped to adequately provide the service that is the subject of this contract. Pursuant to Ohio Revised Code section 3709.08, the Franklin County General Health District shall have all the powers and perform all the duties required of a board of health of the city health district within the jurisdiction of the City of Dublin. 5 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 FRANKLIN COUNTY BOARD OF HEALTH Date Susan A. Tilgner, MS, RD, LD, RS Date Health Commissioner Terry Foegler, City Manager Date Ron O'Brien Prosecuting Attorney Franklin County, Ohio Assistant Prosecuting Attorney Date Attorney for the District Advisory Council of the Franklin County General Health District Law Director Date City of Dublin, Ohio APPROVED BY THE OHIO DEPARTMENT OF HEALTH Director, Ohio Department of Health Date 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. FISCAL OFFICER City of Dublin, Ohio DATE 7