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Resolution 70-11RECORD OF RESOLUTIONS Blank. Inc.. Form No. 30065 Resolution No 70 -11 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH DELAWARE COUNTY FOR THE PROVISION OF AN INTERIM ASSISTANT DIRECTOR (TECHNICAL CONSULTANT) FOR THE 9 -1 -1 CENTER Passed .20 WHEREAS, Delaware County recently appointed a new Director for their Communications Center; and WHEREAS, the Delaware County Administrator has requested the assistance of Dublin Division of Police Technical Services Bureau Director Jay Somerville as a consultant to assist with technical matters on a temporary, part-time basis while the search for a permanent director is conducted; and WHEREAS, Delaware County will reimburse the City of Dublin for Mr. Somerville's services; and WHEREAS, the attached Agreement outlines the responsibilities of the parties with regard to Mr. Somerville's services; and WHEREAS, the Agreement will continue to foster the spirit of cooperation between the City of Dublin and its neighbors. 7 l, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, of its elected members concurring, that: Section 1. The City Manager is hereby authorized to execute an agreement with Delaware County in substantially the same form as the agreement attached to this Resolution for the provision of an interim assistant director (technical consultant) for the 9 -1 -1 Center. Section 2. This Resolution shall be effective upon passage in accordance with Section 4.04(a) of the Revised Charter. Passed this 041 day of 2011. Mayor - Pre 'di g Officer ATTEST: Clerk of Council Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 City of Dublin Phone: 614- 410 -4400 • Fax: 614 -410 -4490 To: Members of Dublin City Council From: Marsha I. Grigsby, City Manager F1 6/� Date: December 8, 2011 Initiated By: Heinz von Eckartsberg, Chief of Police T� Re: Resolution 70 -11 - Memorandum of Understanding with Delaware County Background As members of City Council were advised in October, the Delaware County Commissioners recently appointed a new Director (Ms. Barb Temple) for their Communications Center. In addition, the Delaware County Administrator, Tim Hansley, has requested the assistance of Division of Police Technical Services Bureau Director Jay Somerville as a consultant to assist with technical matters on a temporary, part-time basis while the search for a permanent director is conducted. Mr. Hansley has discussed this arrangement with both myself and Chief von Eckartsberg and a Memorandum of Understanding has been prepared to outline the scope of Dir. Somerville's responsibilities, as well as compensation from Delaware County to the City of Dublin in return for Dir. Somerville's services. A copy of the negotiated MOU is attached to this memo for your review. Highlights of this agreement are: • The City of Dublin will be reimbursed for all services provided by Dir. Somerville previous to, and after the ratification of this agreement at a rate of $51.98 per hour. • The agreement clarifies that Dir. Somerville's primary responsibility is to his employer, the City of Dublin. • The agreement allows Dir. Somerville to deny any request for service if it would interfere with his duties with the City of Dublin. • Under the agreement, Delaware County agrees to be responsible for "any actions or omissions arising from or relating to the services rendered" in the MOU. • The agreement may be terminated immediately by either party. Chief von Eckartsberg and I are fully confident that Dir. Somerville is able to meet the obligations of this agreement and that his work with the Delaware County Communications Center will, in no way, adversely affect his ability to meet the obligations of his position with the City. We also believe that this partnership will only further enhance the spirit of cooperation between the City of Dublin and our neighbors. Recommendation Staff recommends Council approve Resolution 70 -11, authorizing the City Manager to enter into this agreement. INTERGOVERNMENTAL AGREEMENT BETWEEN DELAWARE COUNTY AND THE CITY OF DUBLIN FOR PROVISION OF AN INTERIM ASSISTANT DIRECTOR (TECHNICAL CONSULTANT) FOR THE 9 -1 -1 CENTER Section 1 — Parties to the Agreement: Agreement made and entered into this day of December, 2011, by and between the Delaware County Board of Commissioners, Delaware County, Ohio (`County "), and the City of Dublin (`City "). Section 2 — Contract Administrator: The County hereby designates the Delaware County Administrator as Administrator and agent of the County for purposes of this Agreement. The Administrator shall have general supervision over the Services and authority to order commencement or suspension of Services Section 3 — Scone of Services: Pursuant to R.C. 307.15 and Section 2.04 of the Dublin City Charter, the City shall provide to the County one current City employee, namely Mr. Jay Somerville of the Dublin Police Division, to serve as Interim Assistant Director (Technical Consultant) of the 9 -1 -1 communications center. The Services provided shall be based upon the approved job description for the Interim Director's position, which is attached hereto as Exhibit A and, by this reference, fully incorporated herein. The parties mutually agree that Mr. Somerville will provide assistance to the Interim Director in carrying out the duties as outlined in Exhibit A and will also act in the capacity as consultant to the Interim Director, the 911 Board and the Board of Delaware County Commissioners on all issues of a technical nature that may arise. Mr. Somerville will be available to provide the Services described in this Agreement during regular business hours. The parties recognize that Mr. Somerville's employment is with the City of Dublin and in the event there are any conflicts in performing services for the City and for the County, his responsibilities with the City shall take precedence and Services to the County will be suspended in such instances or an alternative City employee will be provided to perform the Services under this Agreement. Section 4 — Reimbursement: Reimbursement for Services performed under this Agreement shall be at a rate of $51.98 per hour. The Parties recognize that Mr. Somerville has performed 16.5 hours of work for the County prior to the execution of this Agreement. Accordingly, upon execution of the Agreement, the County shall provide payment of $857.67 to the City for services already provided by Mr. Somerville. Section 5 — Payment: Reimbursement shall be based upon monthly invoices provided by the City, which said invoices shall provide a breakdown of the hours Mr. Somerville worked during the applicable monthly invoice period. The County agrees to promptly pay the invoice upon verification thereof. Section 6 — Term: This Agreement shall take immediate effect upon passage by the respective legislative authorities for the County and the City. The Services required under this Agreement shall be provided until such time as a permanent 9 -1 -1 director is hired and assumes his or her responsibilities or until termination of this agreement as provided for in Sections 8 and 9 below. Section 7 — Liabilitu/Insurance: The County agrees to be solely responsible for any actions and omissions arising from or relating to the Services rendered hereunder. The County further agrees to include Mr. Somerville as a Covered Party under its existing liability coverages. Section 8 — Termination of Agreement: This agreement may be terminated immediately by either party upon written notification received by the other party. Written notification may include writings transmitted by electronic means. Intergovernmental Agreement — Delaware County -City of Dublin Page 2 Section 9 — Change of Staff: The City shall notify the County, immediately and in writing, of any change to the status of the employee City of Dublin - Delaware County Intergovernmental Agreement designated in Section 3. Upon said notice, the County and/or City may terminate this Agreement and recover a prorated share of any costs already incurred. Section 10 — Miscellaneous Terms & Conditions: 10.1 Entire Agreement This Agreement, and those documents incorporated by reference herein, shall constitute the entire understanding and agreement between the County and the City, shall supersede all prior understandings and agreements relating to the subject matter hereof, and may only be amended in writing with the mutual consent and agreement of the parties. 10.2 Governing Law This Agreement shall be governed by and interpreted in accordance with the laws of the State of Ohio. Any and all legal disputes arising from this Agreement shall be filed in and heard before the courts of Delaware County, Ohio. 10.3 Headings The subject headings of the Sections and Subsections in this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. This Agreement shall be deemed to have been drafted by both parties and no purposes of interpretation shall be made to the contrary. 10.4 Waivers No waiver of breach of any provision of this Agreement shall in any way constitute a waiver of any prior, concurrent, subsequent, or future breach of this Agreement or any other provision hereof. No term or provision of this Agreement shall be deemed waived, and no breach excused, unless such a waiver or consent is expressly made in writing and signed by the party claimed to have waived or consented. Such waiver shall not constitute and shall not in any way be interpreted as a waiver of any other term or provision or future breach unless said waiver expressly states an intention to waive another specific term or provision or future breach. 10.5 Severability If any item, condition, portion, or section of this Agreement or the application thereof to any person, premises, or circumstance shall to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition, provision, or section to persons, premises, or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this Agreement and all the terms, conditions, provisions, or sections hereof shall, in all other respects, continue to be effective and to be complied with. 10.6 Employment Status of City Designee City agrees that no agency, employment, joint venture, or partnership has been or will be created between the County and the City's designee in Section 3 pursuant to the terms and conditions of this Agreement IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF DUBLIN Date: By: Marsha I. Grigsby, City Manager DELAWARE COUNTY BOARD OF COMMISSIONERS By: Dennis Stapleton, President of the Board Pursuant to Resolution No. 11 -137 and Resolution No. 11- Intergovernmental Agreement — Delaware County -City of Dublin Page 3 Approved as to Form: Carol O'Brien Prosecuting Attorney Delaware County Stephen I Smith Director of Law City of Dublin AUDITOR'S CERTIFICATION The Delaware County Auditor hereby certifies that the funds required to meet the obligation set forth in this Agreement have been lawfully appropriated for such purpose and are in the County treasury or in the process of collection, free from any other encumbrances. The Delaware County Auditor also certifies that it has confirmed with the State of Ohio Auditor that the City has no outstanding findings for recovery issued against it by the State of Ohio. George Kaitsa Delaware County Auditor DELAWARE COUNTY Emergency Services Department TITLE: 911 Communications Director JOB OBJECTIVES: Individual has the responsibility of overseeing and ensuring the efficient operation of all 9 -1 -1 communication services to include personnel, program compliance, and budgeting. Individual reports to the 9 -1 -1 Board and works closely with the County Administrator and the Board of County Commissioners as indicated in the 9 -1 -1 Consolidation Agreement. ESSENTIAL JOB FUNCTIONS * Manage the County's Emergency Communication functions in the most efficient and expeditious manner possible; * Consistently work to consolidate County and City emergency dispatch units into one cohesive 9 -1 -1 unit; * Assure that all systems are designed and function to meet the needs of fire, EMS and law enforcement; * Establish procedures to assure that all emergency and non - emergency requests for service are processed appropriately and in accordance with laws, standards mid applicable policies and procedures; * Consistently demonstrate ability to apply progressive management principles; plan and implement department goals and objectives; * Submit an annual budget to the 911 Board for review and ultimate approval by the County Administrator and Board of Commissioners; * Accurately project requirements and control expenditures within budgeting guidelines; Verify expenditures and process purchase requisitions; approve invoices for payment in accordance with County Commissioners' policy; * Develop, recommend, administer and enforce departmental polices and procedures; * Oversee personnel selection and review processes including internal promotions and make recommendations to the 911 Board for ultimate approval by the County Administrator and Board of Commissioners; * Plan and recommend purchases of all departmental needs such as infrastructure improvement, radio and telephone equipment, office equipment and supplies, service contracts, etc. in accordance with Board of Commissioners purchasing policies; * Recommend and submit all proposed contracts, requests for transfer of funds, supplemental appropriations or non - budgeted items to the 911 Board for ultimate approval by the County Administrator and the Board of Commissioners; * Develop emergency plans to deal with catastrophic failures of the County's 911 Communications Center; * Define and solve problems; to collect data, establish facts, and draw valid conclusions and complete reports using practical judgment and analytical skills; * Lead short term and long term planning processes; and * Any other duties as assigned. JOB REQUIRMENTS Equipment: Ability to operate a variety of machinery and office equipment such as computer, copier, typewriter, telephone, radio, pager, calculator, FAX machine, VCR, and other equipment necessary to perform duties. Critical SUIs/Expertise: * Maintain a comprehensive and professional knowledge of public safety; fire, and emergency medical services response protocols; * Possess thorough knowledge of the conceptions principles, practices and methods of organization, management, staffing and supervision; * Quickly and objectively evaluate program effectiveness and make necessary changes to meet County, local, state, and federal requirements; * Demonstrate and maintain proficiency in subject area through professional continuing education; * Establish and maintain positive working relationships with all response entities; * Supervise staff involved with communications including but not limited to assigning work, monitoring performance, training, evaluations, resolving problems, grievances, personnel situations; implement and enforce collective bargaining agreement; * Ability to motivate and counsel staff and clients. Appropriately handle client complaints and public inquiries; * Ability to define, analyze and draw valid conclusions in solving problems; * Ability to work independently in organizing and maintaining systems and structures; * Thorough and expert knowledge of related governmental policies and procedures, to include federal, state, and local rules and regulations; * Ability to communicate effectively, both orally and in writing; * Ability to work independently, under pressure, to achieve goals; to create a supportive work environment that encourages self - motivation; and * Capable of effectively planning independently and in collaboration with other staff units and outside agencies. Job Standards; Bachelor's Degree in Telecommunications, Management Information Systems or related field plus a minimum of five (5) years of experience preferred; or a high school diploma plus ten (10) years relevant work experience. Must demonstrate competency in management within a public safety communications position. Individual must possess or shall be able to obtain within thirty (30) days a valid Ohio Motor Vehicle License. Must meet and maintain qualifications for driving on county business at all times. DIFFICULTY OF WORK Work consists of complex, vaned, standardized and non - standardized tasks requiring application of numerous laws, rules, regulations, and procedures. The 911 Communications Director is required to provide technical assistance to staff personnel on programs, policies and the interrelationship of programs, the computer system and the application of this under extremely complex and difficult situations. It requires the individual to be continually aware of changes occurring which must be teamed and passed on to staff. Function generally requires the resolution of involved or controversial problems and decision - making within the scope of his/her authority. RESPONSBILITY The Individual supervises subordinates, assigning projects, checking on progress of work and evaluating results. Individual makes choices and decisions on daily activities such as staffing, scheduling appointments, establishing priorities, making agency referrals, developing contracts with businesses and agencies and forming collaborative relationships in accordance with County policy. Individual shall be responsible for departmental strategic planning. Decisions and activities of this position have a direct and significant impact on a major segment of the economy, the public, and the management of Delaware County Government. Errors in judgment, inaction, diminished proficiency in emergency services administration issues and solutions, and inattentiveness to County interests could be devastating to the public health, safety, and welfare and interests of the County. Decisions are made based upon laws and regulations and policies of the Board of Commissioners. PERSONAL WORK RELATIONSHIPS The individual has daily and frequent contact with co- workers, public officials, employees from other public sector organizations, employees from the private sector and the general public. The purpose of these contacts is to guide and direct, review and assure progress of work assigned, coordinate services, manage job development and referrals, and handle questions about the department, programs and client concerns. Individual must assure that the Board of Commissioners and the County Administrator are fully aware of all matters affecting the department, actions of the department, and issues that impact upon the Board of Commissioners as the appointing authority. PHYSICAL EFFORT AND WORK ENVIRONMENT Physical Requirements: Individual performs sedentary work, which may require the lifting of up twenty-five (25) pounds occasionally and two (2) pounds regularly. Physical Activity: The physical activity of the position is fingering, talking, hearing, listening, reaching, walking and standing for prolonged periods of time. Individual must be able to coordinate eyes and hands rapidly and accurately in using communications equipment. Visual Activity: Individual performs work where the seeing job is close to the eyes and at or within arm's reach and also at varying distances. Requires the individual to have the ability to differentiate between colors and shades of colors. Job Location: The minimum work conditions for the position indicate that the individual is not exposed to adverse environmental conditions. ACKNOWLEDGMENT I acknowledge that the above description is a representation of the major duties and responsibilities of this position. Employee Date Employee's Supervisor Date PCN #: Wage: EXEC 2 FLSA Status: Exempt Civil Service Class: Unclassified