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HomeMy WebLinkAbout003-90 Ordinance RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 03-90 Passedn Ordinance NO.m mU nnnW' ___19. . AN ORDINANCE ADOPTING AND EXECUTING THE MID-OHIO REGIONAL PLANNING COMMISSION'S ADMINISTRATIVE CONTRACT WHEREAS, the City of Dublin has agreed to execute a contract between the Mid-Ohio Regional Planning Commission and the City of Dublin within the boundaries of the District 3 Public Works Integrating Committee; and WHEREAS, the Mid-Ohio Regional Planning Commission agreed to provide $10,000.00 worth of staff time to work with the District III Public Works Integrating Committee; and, WHEREAS, based upon recent meetings with the Ohio Public Works Committee, the staff and Committee will be required to further refine funding criteria and weighting factors when considering project submittals; WHEREAS, the amount of required information that must be gathered, analyzed and retained on file by the staff has, and will continue to grow; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, 7 of the elected members concurring: Section 1. That the reasonable and cost-effective approach to providing staff services, while distributing the costs to communities, as outlined in the attached (Exhibit A) Administrative Contract is hereby adopted. Section 2. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed this 19th day of February , 1990. icer L Fr~nces M. Urban d k fC . . . er 0 ouncll, hereby certify that the foregOing IS a true copy of Ordinance~ No. 03-90 Attest: duly adopted by the Council of the City of Dub/:n, Ohio, on the 19th day of Fphruarv 1990 , . /J ~ ~~O //;, ((AL~ JHh""~<) 'Z(~ Clerk of Coun I Dublin, Ohio C erk of Council r ,hereby ce~i~ that co,P:es of th1s Ord:nanre/Rmluti4R Weie posted in the City of Dublin In accoraanC9 w1th Sadion 731.25 of fila ()t,io Revised Code.. , ~tZ;7U.&:? ~, C-pc.A.-a--:! Clerk of Council, Dublin, Ohio . . ~... , i$.molpc - ~3' . ~~'~ Cd ~~~ ~~j (; [}~, ~ '" ~ CP~ jj . ~ 0' , _ J j:~ '" ,,,; J 11 -- -,,,,,,"-.C_ ....~~~...-.............-'... Mid-Ohio Regional Planning Commission 16141 22l\-IX25 (61-+,22-+-POOL PHONE (614) 228-2663 FAX (614) 621-2401 MORPC ADMINISTRATIVE CONTRACT The purpose of this letter is to execute an agreement between the Mid-Ohio Regional Planning Commission (MORPC) and the undersi9Ded partici~ating community ("Community") within the boundar1es of the D strict 3 Public Works Integrating Committee ("Committee") . Under the terms of this agreement, MORPC will assist Communitv ,.ron McCloy Raichanl by providing the necessary services as more fully identified 1n the Attachment A hereto relative to the planning, preparation 'll(man and coordination for Issue Two lOhio Public Works commission) chard A. King and H.B. 381 (Local Transportat on Improvement Program, LTIP) ~ Chairman ,n. Paul J. Falco infrastructure projects for the Committee ("Project"). -:retary , community agrees to reimburse MORPC for its actual costs, IlIiam H. Anderson including fringe and overhead rates, as incurred in the ::rman execution of this assignment as follows: -:;mSlrallve Commmee :oy Bailey HoffmaM Community agrees to pay MORPC a sum equal to 0.8% of the ~fman "lC,lin County Plannrng grant award of Issue 2 and H.B. 381 funds received by "; Suocommlttee Community for awards made on or prior to December 31, ',hatl Wasylik 1990, and a sum equal to 1.0% of the grant award of Issue :rrnan 2 or H.B. 381 funds received by Community for awards made 'SlallVe Task Force anne Botton after December 31, 1990. Community understands that this :l:rman parment may not come from Issue 2 funds, is not an - a: Government el1gible cost associated with the Project, and is a ~"',"ee voluntary payment that in no way will influence the i Carver decision whether to submit the Project to the Committee or ".r!i'~ ArMSlJfy the Ohio Public Works Department for funding. Such sum shall be due and payable within thirty (30) days of .1 H receipt of the award of grant funds. '.:utIV~ 1..IIrector If after audit MORPC determines that its actual costs are in excess of the fee previously charged, community agrees to pay an additional fee equal to the lesser of the actual costs incurred by MORPe under this agrement and 10% of the fee initially charged. Such additional fee shall be due and payable within thirty (30) days of receipt of notice from MORPC as to the amount of the additional fee. If after audit, MORPC determines that its actual costs are less than the fee previously charged, MORPC agrees to rebate or otherwise credit to the community an amount equal to the difference between the actual cost and the fee previously paid. community understands that neither MORPC, nor the Committee has any authority regarding award of Issue 2 and H.B. 381 funds, other than to submit the Project to the Ohio Public Works Department, which is the only entity authorized to award grants of such funds. 285 East Main Street · Columbus, Ohio 43215-5272 . This agreement will commence upon execution hereof and be effective until terminated by either HORPC or Community giving 30 days written notice of such termination to the other party hereto. If you a9ree with the terms and conditions set forth herein, please s1gnify by signing both of the original copies of this letter and return one copy to this office. Thank you for your cooperation and we look forward to working with your community and the Committee in carrying out these staffing tasks. Sincerely, il/dkauC~ william C. Habig Executive Director, HORPC COMMUNITY . ~/r'o ~/I ~~ih<'f~/;^-) Date Designated Community By ~~ Date ?-/1 3/70 Date Attachment A STATE BOND ISSUE TWO/H.B. 381 DISTRICT 3 PROGRAM ADMINISTRATIVE/TECHNICAL SERVICES Backqround The Local Government Committee of the Mid-Ohio Regional Planning commission (MORPC) has been considering the infrastructure needs of Franklin county since August of 1983. This is a broad, diverse, compl cated and im10rtant subject that requires a great amount of time to ach eve desired results. The problems are great nationwide, statewide, and in metropolitan areas. The results from the surveys conducted b3 the MORPC Local Government Committee showed there are ma or infrastructure needs in Franklin County, being in excess of five hundred million dollars through 1989, excluding any major expenditures associated with water supply and distribution. The survey of capital budgeting shows there is need for improvement n this area as well. Of the 44 questionnaires sent out, 23 were returned of which 65' use some form of capital budgeting. Legislation passed in the Fall of 1987 lAm. Sub. H.B. 704) and Amended Substitute H.B. 381, effect ve July 1, 1989, ~rovides a funding mechanism that begins to address the 1nfrastructure needs within Franklin County, although falling considerably short of resolving the infrastructure deficiencies that exist and will continue to exist for years to come. Since the passage of these two funding tools for addressing the infrastructure needs within Franklin County the Mid-Ohio Reyional Planning Commission has been involved with provid ng political subdivisions within Franklin county' guidance on the program. HORPe was chosen by the Distr ct 3 Public Works Integrating Committee to staff the District 3 Committee in evaluating and submitting projects to the State ot Ohio Public Works Commission for Round One of Issue Two funding, as well as future rounds under Issue Two and H.B. 381. To date, the administrative staffing, re1roduction, and mailing costs necessary to insure a time y submission to the state have all been absorbed by MORPC. On October 1 OTH , 1989, the District 3 Public Works Integrating Committee, aware of the costs involved, approved a funding methodology that will provide for program administration funding. Administrative Services Prepare meeting agendas in coordination with the District Committee: Meet at least on a quarterly basis to discuss policy issues and direction of program. Make available equipment and facilities for Committee business. Prepare and maintain correspondence and records of the Committee including meeting minutes. Maintain a master file for community inventory of needs and 5-year capital improvement plans as well as updated versions of these required reports. Technical Services (1) Analyze the impact of Am. Sub. H.B. 381, which is projected to increase dollars available to the District 3 Committee by an estimated $3.6-$4.2 million dollars, specifically to meet highway or bridge needs that are of critical importance to the safety of the citizens of the applicant subdivision. (2) In liyht of the additional dollars available to Distr ct 3 under H.B. 381, for hiyhway and bridle needs, staft will assist the Comm tte. in revis ng project criteria for funding projects through the existing District allocation. (3) There are currently 14 Franklin County political jurisdictions not participating in the Issue 2 and gas tax funding Program: the City of Hilliard: the Villages of HarriSburg, New Albany, New Rome, and Riverlea: and the townships of Blendon, Hamilton, Jackson, Norwich, plain, Perry, Sharon, Truro, and Washin~on. Staff will assist these communities by provid ng updated information on the Issue 2 program, and H.B. 381 and advising them in preparing an inventory of infrastructure needs, and 5-year capital improvement plans. Staff will not be responsible for preparing these inventories and 5-year plans, but will provide direction in their preparation, in light of District 3 Funding crite~ia. (4) Staff will provide information to the local communties as it become. available. Statf will assist communities in preparing" eligible projects under H.B. 381 to be considered by the District Committee. Transportation staff will coordinate these project submissions with the federally funded TIP. (5) Staff will assist the Committee by working with communities in preparing the next round of Issue 2 project requests by establishing a schedule for project submission, distributing information provided by the OPWC to all jurisdictions, attending public hearings on the rule. promulgated by the OPWC, and distributing . , , that inforaation to all Franklin countr communities. staff will assist the Committee in eva uating community proiects, establishing priorities based on existing and rev sed funding criteria, and meeting all deadlines established by the OPWC. Staff will insure that community project applications are complete, contain the proper .i9Dature. and engineer'. e.timate. and .eal, the correct budget amount., eligible cost., addre.. the ten criteria under 164.06 and then resolve any discrepancies in tb. submitted information. Local communities will-be ~ re~ired to provide information reasonably necessarY to evaluate the projects. (6) Staff will conduct at least one annual workshop at MORPC to discuss Issue 2 infrastructure needs and district priorities, and disseminate information obtained from the OPWC, County Commi.isoner. Association of Ohio, the Ohio Municir:l Leaque and . . other appro~riate agencies responsib e for reviewing and evaluat ng Issue 2 and H.B. 381 issue. and yOlicies and suggested chanles. Local official. and the r staff! available 0 strict 3 member.! and selected state offic als will be invited to partic pate in any workshop(s). (7) The OPWC will, by 1991, require a format for District inventories and capital im~rovement plan.. Statf will assist in developing a Dis rict-wide ylan and )riorities based upon each participat ng political urisdiction'. rlans, it the OPWC mandate. a District-wide pan. (8) Staff will not be responsible for local project engineering or management, but will respond to questions raised by local ofticials regarding compliance and the obtaining of information from OPWC based upon these questions/concerns. (9) Provide month-to-month staffing of the District 3 Committee, including the following tasks: Submit yroject aummaries:and evaluations to Committee for act on, . Maintain a master listinl of selected projects and their schedule. for the 87 aillion ten year Issue 2 program and the estimated $40 million H.B. 381 pr~ram. Provide multi-governmental unit pro~ect coordination to maximize the use of tederal and sta e grants and other monies and to facilitate projects which affect more than one Member. Each MORPC department would participate in coordinating fundint sources and needed projects from within its area 0 expertise. . . ATTACHMENT Questions & Answers to the Issue Two/LTIP Administrative Contract Q: Why is MORPC doing this work? A: The District III Committee asked William Habig, the Executive Director of MORPC, to assist it in preparing the required documentation to the state Ohio Public Works Commission (OPWC) for Issue Two/LTIP projects. MORPC was already involved in background technical worksho~s, as well as staff assisting Franklin County communit1es in responding to initial questions and data needed for eligibility. Q: Who has approved this Administrative Contract? A: Both the District III Committee and the Mid-Ohio Regional Planning Commission has adopted this method of paying for staff costs. Q: Why should our community sign this Contract when we have not submitted a project in either Round One or Two? A: The execution of this Administrative Contract simply provides a funding mechanism for staff costs whenever a community does decide to submit a project for consideration by the District III Committee, and if the project is recommended by the Committee to OPWC. Q: will communities be responsible for staff costs incurred in Round One? A: NO. These costs have already been absorbed by MORPC. The charges outlined in this proposal begin August 1, 1989, or as work on Round Two began. And these initial costs cover a 15-month period, or until December 31, 1990. Q: When must we pay for these services? A: No community will be required to pay for staffing until the state has approved a project as recommended by the District III Committee in Round Two. We do not anticipate any approvals prior to April or May, 1990. Q: Why isn't the fee based upon the size of the project, assuming more work and time is spent by staff on larger dollar-amount projects? A: The process is the same, regardless of the type of project and dollar amount. Mailings, project ratings, reviews for submission completeness basically apply at the same level to all type and size projects. , . , . Q: Why .8% or 1%? A: This Administrative Contract mechanism used a model already approved by the OPWC's Bond Counsel in another District. Staff contacted as many of the 19 state-wide districts as possible, and 1% of the project amount awarded is the standard being used. Q: What if the staff costs are less than .8% or 1% of the project award amount? A: The community is only billed for actual costs, including wages, fringes and overhead. Q: Why can't these costs come from Issue two or LTIP? A: The legislation as passed does not permit these costs to come from these sources, therefore, local funds must be used. We would like to make ~ou aware that staff is workin9 with the agency's Leg1slative Task Force in pro~os1n9 a technical amendment to the existing leg1slat1on that would allow Issue Two/LTIP funds to be used in this manner. . . ATTACHMENT Questions & Answers to the Issue Two/LTIP Administrative Contract Q: Why is MORPC doing this work? A: The District III Committee asked william Habig, the Executive Director of MORPC, to assist it in preparing the required documentation to the state Ohio Public Works Commission (OPWC) for Issue Two/LTIP projects. MORPC was already involved in background technical worksho~s, as well as staff assisting Franklin county communit1es in responding to initial questions and data needed for eligibility. Q: Who has approved this Administrative Contract? A: Both the District III Committee and the Mid-Ohio Regional Planning commission has adopted this method of paying for staff costs. Q: Why should our community sign this Contract when we have not submitted a project in either Round One or Two? A: The execution of this Administrative Contract simply provides a funding mechanism for staff costs whenever a community does decide to submit a project for consideration by the District III Committee, and if the project is recommended by the Committee to OPWC. Q: Will communities be responsible for staff costs incurred in Round One? A: NO. These costs have already been absorbed by MORPC. The charges outlined in this proposal begin August 1, 1989, or as work on Round Two began. And these initial costs cover a I5-month period, or until December 31, 1990. Q: When must we pay for these services? A: No community will be required to pay for staffing until the state has approved a project as recommended by the District III Committee in Round Two. We do not anticipate any approvals prior to April or May, 1990. Q: Why isn't the fee based upon the size of the project, assuming more work and time is spent by staff on larger dollar-amount projects? A: The process is the same, regardless of the type of project and dollar amount. Mailings, project ratings, reviews for submission completeness basically apply at the same level to all type and size projects. . to . , Q: Why .8% or 1%? A: This Administrative Contract mechanism used a model already approved by the OPWC's Bond Counsel in another District. staff contacted as many of the 19 state-wide districts as possible, and 1% of the project amount awarded is the standard being used. Q: What if the staff costs are less than .8% or 1% of the project award amount? A: The community is only billed for actual costs, including wages, fringes and overhead. Q: Why can't these costs come from Issue two or LTIP? A: The legislation as passed does not permit these costs to come from these sources, therefore, local funds must be used. We would like to make rou aware that staff is workin9 with the agency's Leg1slative Task Force in pro~os1n9 a technical amendment to the existing leg1slat1on that would allow Issue Two/LTIP funds to be used in this manner. . o 1ST R leT 3 PUB LIe W 0 R K S I N T E G RAT I N G COM M I T TEE October 31, 1989 Tim Hansley City Manager 6665 Coffman Road Dublin, OH 43017 Dear Mr. Hansley: As you know, since the beginning of state Issue Two Funding, and now, the Local Transportation Improvement Program (LTIP) funded through the additional gasoline tax, the Mid-Ohio Regional Planning Commission staff has kept you informed of the legislative and procedural requirements. MORPC agreed to provide $10,000 worth of staff time to work with the District III Public Works Integrating Committee in completing Round One of Issue Two projects. The Administrative Rules promulgated by the Ohio Public Works commission (OPWC) have resulted in a mushrooming of staff time and expertise to insure that communities within Franklin county are well informed and successful in completing their project proposals. While approximately thirty political jurisdictions participated in Round One, staff has communicated with all communities to inform them and provide technical assistance when requested. Based upon recent meetings with the OPWC, the staff and Committee will be required to further refine funding criteria and weighting factors when considering project submittals. The amount of required information that must be gathered, analrzed and retained on file by the staff has, and will cont1nue to grow! The enclosed MORPC Administrative Contract was discussed at the October loth District III Committee meeting and approved by a majority of its members. The .8% of one-percent (1%) is based upon a total budget of $96,000 to administer $12-12.5 million worth of projects under Issue Two and LTIP. This provides for the reimbursement of MORPC's actual costs, including salaries, fringe benefits, and overhead. We feel that it is a reasonable and cost-effective approach to providin9 staff services, while distributing the costs to communit1es. . This type of staffing and funding approach is being used with little variation in Districts Four (Montgomery County), six (Mahoning, Trumbull), and Nineteen (stark county), and is under consideration in Districts sixteen (8 North Central Counties) and Seventeen (6 Central Ohio Counties). This approach was also discussed with Rand Howard, Director of OPWC, who has no problem with it. Lee Phelan, under the direction of Bill Habig, Executive Director of MORPC, and Linda Donnelly, Director, Housing and Community Development has been the primary staff person res~onsible for working with the District Committee. In add1tion to Lee, the most appropriate staff person will be involved to insure that areas of ex~ertise and funding knowledge are meshed into the project evaluat10n process. If you agree to the terms and conditions contained in the attached Administrative Contract, please indicate by signing both of the original copies of this letter and returning one copy to the ATTENTION OF LEE PHELAN by December 15, 1989. If, on the other hand, you, your staff, Council, or Board would prefer that either Bill, Lee or Linda meet with you to further discuss this Contract, please contact Lee at 228-2663 to set up a time convenient for all parties. Thank you for your cooperation to date in making these infrastructure funds work for the betterment of all Franklin County communities. cc: Paul Willis, City Engineer Frances Urban, Clerk of Council Enclosure o I S T R leT 3 PUB LIe W 0 R K SIN T E G RAT I N G COM M I T TEE MEMORANDUM f:O: Local Officials I . 7 'ROM: Lee Phelan, Issue Two Staff Coordinator, MORPC l.! DATE: November 3, 1989 RE: Addendum to Letter and Administrative Contract Please return BOTH signed copies. After Mr. Habig executes the Contract, we will send you a copy for your records. cc: Charles J. Olimpio, Comptroller