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Resolution 014-17RECORD OF RESOLUTIONS Dayton Legal Blank, Inc., Form No. 30045 Resolution No. 14 -17 Passed , 20 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF UPPER ARLINGTON TO PROVIDE DISPATCHING SERVICES FOR THE CITY OF UPPER ARLINGTON DIVISION OF POLICE AND DIVISION OF FIRE. WHEREAS, the City of Upper Arlington ('Upper Arlington's desires to contract with the City of Dublin C'Dublin'� for dispatching services for the Upper Arlington Division of Police and the Upper Arlington Division of Fire; and WHEREAS, Dublin is able to furnish to Upper Arlington such dispatching services and it is in the best interests of Dublin to do so; and WHEREAS, Dublin desires to execute an agreement in a substantially similar form to the attached Exhibit "A ". NOW, T EREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, of the elected members concurring, that: Section 1. Dublin City Council authorizes the City Manager to execute an agreement in a substantially similar form to the attached Exhibit "A" with the City of Upper Arlington, Ohio for dispatching services. Section 2. The Resolution shall be effective upon passage in accordance with Section 4.04(1) of the Revised Charter., Pas�e� this .day o��C2Y(_vc� , 2017. yor — Presipjhg Officer ATTEST: Clerk of Council Office of the City Manager 5200 Emerald Parkway * Dublin, OH 43017-1090 Uitv of D"ublin Phone: 614-410-4400,o Fax: 614-410-4490 Cit To: Members of Dublin City Council From,,, Dana L. McDaniel, City Mana Initiated By: Chief Heinz von Eckartsberg Bureau Director Jay Somerville Date: March 9, 2017 [��e,: Resolution 14-17 - Agreement with the City of Upper Arlington to Provide Dispatching Services In these proposed agreements, dispatching staff would remain under the control of the existing Dublin management structure and would continue to be housed at the Dublin Justice Center. Services would be provided to Upper Arlington in substantially the same way dispatching services have been provided to Hilliard and Norwich Township since 2013, and Washington Township since 19900 �►taff will continue to utilize a billing formula that distributes the cost to operate the Memo re. Agreement with Upper Arlington to Provide Dispatching Services March 9, 2017 Page 2 of 2 dispatching functions of the communications center across all participants. The formula calculates the total costs, then uses an annual analysis of call for service activity for each agency to determine the amount each will be billed. The call for service counts are weighte-ol based on an average amount of dispatcher involvement time for each type of call to ensure equitable billing. Annual fees will be calculated each year to ensure the costs to provide services are recovered and each agency is billed their proportionate amount. Upper Arlington received approval from their City Council on February 13, 2017 and signed 'the aareement on February 16, 2017. If the agreement is approved by both entities, dispatching services for the Upper Arlington Fire Department would begin on or about November 1. 2017. Initiating fire dispatching services ahead of police dispatching ensures a smooth and orderly transition. Dispatching services for the Upper Arlington Police Department would begin on or about January 4, 2018. ri I I Staff recommends approval of Resolution 14-17 authorizing an agreement with the City of Upper Arlington to provide dispatching services for the City of Upper Arlington Division of Policit and Division of Fire. DISPATCHING COMMUNICATION SERVICES AGREEMENT Agreement to provide Dispatching Communication Services ( "Agreement ") for the City of Upper Arlington ( "Upper Arlington "), an Ohio Municipal Corporation, by the City of Dublin ( "Dublin "), an Ohio Municipal Corporation, is made and entered into on 2017. RECITALS WHEREAS, being proponents of sharing and streamlining government services, Upper Arlington and Dublin have spent considerable energy and resources exploring the possibility of sharing dispatching communication services for their safety forces; and WHEREAS, following extensive study Upper Arlington has determined that dispatching services for its safety forces may be provided most efficiently by sharing services with another municipality without affecting the quality of dispatching services; and WHEREAS, having performed due diligence in ascertaining present and future capabilities of their respective dispatching communication services, including current and projected needs and capabilities of each, Upper Arlington has determined that the best interest of its citizens will be served in contracting with Dublin to provide dispatching communication services for its police and fire divisions; and WHEREAS, Upper Arlington is in need of 911 and dispatching services to enable it to continue to provide police, fire, and EMS response to wireless and wireline callers efficiently and economically; and WHEREAS, Dublin warrants that it is capable and has the capacity and resources to provide dispatching communication services through its communications center, and that it will promptly train and equip additional staff as needed to provide services under this Agreement; and WHEREAS, the Upper Arlington communications center is not, and will not be, a PSAP designated to directly receive the growing share of 911 calls originating from wireless devices; and WHEREAS, the State of Ohio specifically encouraged this effort by providing a $51,316 grant from the Local Government Innovation Fund for study of 911 and dispatching consolidation; and WHEREAS, based on the proposal submitted by Dublin and the service levels Dublin is capable of providing, it is mutually advantageous and cost - effective to incorporate call- receiving, dispatching, and incident record - keeping functions (computer - aided dispatching data) into the Dublin system; and Page 2 of 13 WHEREAS, Upper Arlington will remain solely responsible for providing police, fire, and other emergency services for residents, public officials, business entities, and other individuals in the City of Upper Arlington as currently is the practice; and WHEREAS, the Parties desire to enter into and execute this Agreement for Dublin to provide Upper Arlington dispatching communication services; and WHEREAS, the Council for Dublin by Resolution No. , passed , 2017 authorized the City Manager to enter into and execute, on behalf of Dublin, this Agreement with Upper Arlington to furnish such communication services; and WHEREAS, the Council for the City of Upper Arlington has by motion directed the City Manager to exercise his authority under UACO § 138.06 D and § 138.09 to enter into and execute, on behalf of Upper Arlington, this Agreement with Dublin to furnish such communication services; and NOW, THEREFORE, made and entered into this the day of 2017, by and between Dublin and Upper Arlington witnesseth. I. PUBLIC SAFETY COMMUNICATION SERVICES A. Upper Arlington acknowledges that Dublin currently provides public safety dispatching communication services (the "Dispatching Communication Services ", and as further defined below) to other public entities and, during the term of this Agreement and /or any extensions thereof, Dublin may provide similar services to other public entities in a manner whereby demand for the Services does not exceed capacity. B. Dublin shall furnish the facilities, personnel and;equipment for the purpose of providing Dispatching Communication Services to the Upper Arlington Division of Police and Upper Arlington Division of Fire. Communication Services shall include, but not be limited to: (1) Police and fire emergency communications including, but not limited to radio, telephone (emergency, E -911, non - emergency) and computer (mobile data terminal) operations and associated applications; and (2) Providing Upper Arlington access to Dublin's computer aided dispatch ( "CAD ") network for the purpose of accessing CAD call reports. This access shall be available at,all Upper Arlington stations; and (3) Recording of radio and telephone conversations, and providing Upper Arlington electronic access to recordings of calls taken and UA Communications Agreement Page 3 of 13 dispatched pursuant to Dublin's provision of Dispatching Communications Services under this Agreement. Such access shall be available to the Upper Arlington Police Division, Fire Division, and City Attorney's Office. Access is defined as providing copies of records on a password protected FTP site or the equivalent upon request; and (4) Representing Upper Arlington at all Franklin County E -911 PSAP meetings; and (5) Maintaining the E -911 master street address guide for all areas located in Upper Arlington; and (6) Performing other services as may from time to time be mutually agreed by the Parties. C. Additionally, the Parties agree as follows: (1) Dublin shall provide twenty -four (24) hour a day Dispatching Communication Services for Upper Arlington including radio dispatch, telephone (E911 and non - emergency call for service lines) and computer aided dispatch service; and (2) Dublin shall receive all calls and communicate the message or internal requests to the Upper Arlington Division of Police and Upper Arlington Division of Fire in accordance with generally acceptable procedures for dispatching and in accordance with such procedures prescribed by the Upper Arlington and /or Dublin, such procedures may be amended from time to time in writing by the Parties; and (3) Dublin shall answer the Upper Arlington police and fire radios and communicate the message or internal requests to the Upper Arlington Division of Police or the Upper Arlington Division of Fire in accordance with generally acceptable procedures for dispatching and in accordance with such procedures prescribed by Upper Arlington and /or Dublin such procedures may be amended from time to time in writing by the Parties; and (4) Dublin shall maintain a written and/or electronic log of all communications referred to in (1) through (3) above. Such log shall be transferred to Upper Arlington in accordance with written procedures prescribed by the Upper Arlington Division of Police or the Upper Arlington Division of Fire; and UA Communications Agreement Page 4of13 (5) Dublin shall continue its policy of handling radio calls in priority order without regard to whether the call is related to police, fire or emergency medical activity or from which community the calls originate; and (6) Dispatchers will be periodically available, as mutually agreeable, for training purposes, as the Parties agree that professional development and training is a priority in order to provide quality and dependable Dispatching Communication Services; and (7) Dublin shall provide Upper Arlington Ohio LEADS/NCIC inquiry and record entry service, 24 hours per day and 7 days per week, for qualified and approved Upper Arlington law enforcement officials. This includes, but is not limited to: entry, modification and removal of municipal court criminal warrants, mayor's court traffic and criminal warrants, stolen vehicles, stolen articles, missing persons and other qualified records; inquiries for criminal, traffic and other available records; transmitting and receiving of hit confirmation, record locate and detainer records; inquiry capability through mobile data computers; and other necessary functions related to providing Upper Arlington a full- service LEADS/NCIC terminal. Upper Arlington shall be responsible to maintain a LEADS terminal and a LEADS Terminal Agency Coordinator (TAC) to perform all operator training and certification for UA personnel, validation of entered UA records and LEADS/NCIC inquiry access at UA police headquarters; and (8) Dublin shall provide on scene Incident Dispatch Team services for large scale emergency events whenever possible when requested by Upper Arlington. (9) Dublin shall maintain Geographic Information System (GIS) roadway, address point and boundary data for all locations within the municipal boundaries of Upper Arlington to ensure efficient and accurate coordination of Upper Arlington public safety personnel. Upper Arlington agrees to provide Dublin with timely updates to that data set and assist Dublin:with identifying deficient, inaccurate or missing location data. (10) Dublin will exercise reasonable diligence and good faith effort to provide Communications Services to Upper Arlington at a service level comparable with Ohio PSAP Operational standards, CALEA Accreditation standards, NENA Operational Standard and APCO ANSII standards. UA Communications Agreement Page 5 of 13 (11) Dublin will import existing Upper Arlington CAD data into Dublin's active CAD display system, in a manner such that dispatchers and officers can readily access it without unreasonable delay. This CAD data shall include Knoxbox and other safety /service information for specified locations. II. STAFFING A. Dublin and Upper, Arlington shall routinely prescribe dispatching procedures in, respectively, the Dublin communication center policies and procedures and the Upper Arlington police and fire dispatching guidelines. B. Upper Arlington is solely responsible for providing police, fire, EMS and other emergency services for the residents, public officials, business entities and other individuals in Upper Arlington. Upper Arlington, at its sole discretion, is responsible for determining the proper allocation of the equipment, personnel and all other resources for providing police, fire, EMS and other emergency services. C. While Dublin maintains sole discretion and oversight in determining the appropriate allocation of personnel and all other resources for providing Dispatching Communication Services, it is Dublin's intention to do so in a manner that provides reliable and dependable services to Upper Arlington and Dublin under this Agreement. D. Dispatching shall be performed only by qualified individuals employed by Dublin. In its continuing effort to provide quality services, Dublin represents that its communication center is accredited with its police department through CALEA. Dublin shall immediately notify Upper Arlington if this accreditation is suspended, lost or otherwise revoked. III. EQUIPMENT A. Dublin shall maintain the central dispatch computer and other Dublin equipment in good working order and repair. B. Dublin shall have sole discretion and oversight in determining the appropriate allocation of equipment and all other resources for providing Dispatching Communication Services under this Agreement; provided, however, that the Parties acknowledge and agree that funding upgrades to current systems and equipment, and /or the purchase and funding of new systems and equipment requires the availability of funds and the planning therefore. To that end, the Parties agree that working committees established for the purposes of entering into this Agreement (Executive, Fire /EMS Operational and Law Enforcement Operational committees) shall continue to meet as needed during the initial Term, and any UA Communications Agreement Page 6of13 extensions thereof, of this Agreement to ensure a smooth transition and impl9mentation of this contracted service. In order to cooperatively plan for future capital needs, Dublin shall provide Upper Arlington with its five -year capital improvement plan and budget on a yearly basis, and any mid -year amendments or supplements thereto. C Upper Arlington, at its sole expense, shall assume all responsibility for Upper Arlington mobile radio equipment and shall pay any expenses, fees or other charges required to render it compatible so that Upper Arlington equipment will properly interface with the Dublin dispatch center. IV. PAYMENT A. For the period beginning November 1, 2017 and ending on December 31, 2017, Upper Arlington agrees to pay Dublin a sum equal to Fifty Five Thousand Six Hundred Fifty Nine Dollars and Zero Cents ($55,659.00) for Dispatching Communications Services. An invoice for this initial period shall be billed upon execution of this Agreement and shall be paid by October 1, 2017. In the event the time period is altered, a commensurate modification to the payment amount will be made based on the rate used herein and formula which is provided in IV B. B. The Parties agree that payment for the services beginning on January 1, 2018 shall be based upon an annual draft joint dispatch budget ( "Joint Dispatch Budget ") that will be prepared by Dublin no later than October 1" of each year of the original term of this agreement and /or any extensions thereof. The pricing formula is based on a distribution of the annual costs, as described in Exhibit A. C. Invoices for the annual costs as determined by the Joint Dispatch Budget shall be billed by December 31St for the upcoming year. Invoices shall be paid by January 31st D. Invoices for additional personnel for Upper Arlington special events shall be due upon receipt. V. CHANGES IN SERVICE AND SPECIAL EVENTS A. Any significant change, as deemed necessary by Dublin at its sole discretion, to the existing service area or change in the scope of Dispatching Communication Services to be provided hereunder, is subject to good faith re- negotiation and mutual written agreement of both Parties. B. Wherever possible, Upper Arlington will notify Dublin of any planned special events thirty (30) days in advance. If extra personnel are requested by Upper Arlington to handle the workload of the event, Upper Arlington UA Communications Agreement Page 7of13 agrees to reimburse the Dublin for the direct cost for providing the additional services. A direct cost is defined as actual equipment and personnel costs including salary and overtime expenses. VI. TERM A. This Agreement shall commence on November 1, 2017 and end on December 31, 2020 unless otherwise terminated earlier, as provided for herein. In is anticipated that Dublin will begin providing Dispatching Communication Services for 9 -1 -1 call answering and fire /ems dispatching on or about November 1, 2017. Dispatching Communications Services for police dispatching will begin on or about January 9, 2018. . Dublin and Upper Arlington may terminate this Agreement, without penalty or obligation, at the expiration of its original term or any extension thereof. B. During the original term of this Agreement and any extensions permitted hereunder, the Parties agree that they will meet and discuss the development and /or possible cost sharing of any new communications and /or technological improvements that would be beneficial to both Parties. VII. RENEWAL AND TERMINATION' A. This Agreement may be renewed or extended for additional periods of three (3) years upon mutual agreement of the Parties, pursuant to the following process: (1) If Upper Arlington seeks an extension of the term of this Agreement it shall submit, in writing, a request to Dublin to extend this Agreement at least one hundred and eighty (180) days prior to the expiration of the original term and /or any previously approved extension. (2) Dublin shall be required to approve or disapprove, in writing, any request, for an extension within sixty (60) days of receipt, with the undersanding that disapproving an extension may cause hardship on Upper Arlington, as the services provided herein are not a market commodity that Upper Arlington can easily replace. Upon disapproving an extension, Dublin shall work with Upper Arlington so that it can transition to a new Dispatching Communication Services provider in a professional and efficient manner. Dublin agrees to provide Upper Arlington a reasonable period of time, as agreed to by the Parties, in order to make this transition, including payment (or credit) of any pro -rated costs, at a rate equal to the most recent costs, for this transition period. The UA Communications Agreement Page 8 of 13 costs for the transition period may be increased if the transition period exceeds six (6) months. B. If this Agreement is extended for an additional three (3) year term, the costs for the Communication Services shall be based upon the annual Joint Dispatch Budget. C. Either Party, at its sole discretion, shall have the right upon one (1) year written notice to terminate this Agreement without penalty. D. In the event of a breach of any provision of this Agreement, either Party may terminate this Agreement, if following written notice to the breaching Party, said breaching Party fails to immediately attempt to remedy such material breach within the time period stated in the notice. Attempts to remedy shall timely be communicated to the other Party. VIII. AMENDMENT AND JURISDICTION A. It is understood and agreed that this Agreement may not be changed, modified, or altered except by an instrument, in writing, signed by both Parties and executed in accordance with the laws of the State of Ohio. B. Any controversy or claim, whether based upon contract, statute, tort, fraud, misrepresentation or other legal theory, related directly or indirectly to the Agreement, whether between the Parties or of any of the Parties' employees, agents, or volunteers will be resolved under the laws of the State of Ohio, in an appropriate court in Franklin County, Ohio. IX. LIABILITY AND INSURANCE A. Dublin shall secure and maintain, at its own expense, General Liability insurance in an amount not less than One Million Dollars ($1,000,000.00) per occurrence. Dublin shall also have property insurance coverage to cover the loss and replacement of all Dublin communication equipment and systems that are required in order to provide Dispatching Communication Services hereunder. The General Liability Certificate shall clearly reflect that the City of Upper Arlington is an "Additional Insured ". B. The City of Upper Arlington is a political subdivision of the State of Ohio. It was established and is governed pursuant to the provisions of the Ohio Constitution, the Ohio Revised Code, the Upper Arlington City Charter, and the Upper Arlington Codified Ordinances. The City of Upper Arlington is a member of the Central Ohio Risk Management Association ( CORMA), a joint self - insurance pool established and operated pursuant to R.C. 2744.081, and through its membership in CORMA has UA Communications Agreement Page 9 of 13 commercial general liability coverage in the amount of one million dollars ($1,000,000.00) per occurrence._The General Liability Certificate shall clearly reflect that the City of Dublin is an "Additional Insured" C. Certificates showing the above referenced insurance in at least the above specified minimum amounts shall be furnished to, and approved by the respective Parties, upon commencement of this Agreement and /or any extension thereof. The Parties shall notify each other of any change in, or cancellation of, any insurance policy that is in effect during the original term or any extension of this Agreement. D. Costs to be paid by Upper Arlington to Dublin for the Communication Services shall be as appropriated and authorized legislatively by Upper Arlington City Council. X. MISCELLANEOUS PROVISIONS A. No Assignment: This Agreement may not be assigned, sold, or transferred by either Party. B. Entire Agreement: This document and its exhibits constitute the entire agreement between the parties regarding the matters herein, and there are no agreements, understandings, warranties, or representations except as set forth herein. C. Authority: Each Party to this Agreement hereby represents and warrants that it is executing this Agreement with the full and proper authority and that the parties whose names appear hereon are duly authorized to execute this Agreement and that this Agreement is supported by consideration. D. Certification of Funds: A certification of funds signed by the Upper Arlington Director of Finance and Administrative Services, the City of Upper Arlington's fiscal officer, is attached to this Agreement pursuant to Ohio Revised Code §5705.41. Upper Arlington will provide certification of funds as necessary to verify appropriations available for the Communications Services in this Agreement. E. Severability: If any provision of this Agreement is declared invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. F. Notices: All notices hereunder required to be made in writing shall be deemed validly given when received at the following addresses: UA Communications Agreement Page 10 of 13 For the City of Upper Arlington: City of Upper Arlington Attn: City Manager 3600 Tremont Road Upper Arlington, Ohio 43221 For the City of Dublin: City of Dublin Attn: Director /Technical Services Bureau Northwest Regional Emergency Communications Center Central Ohio Interoperable Radio System (COIRS) 6565 Commerce Parkway Dublin, Ohio 43017 A Party may change its address to which any notice or demand may be given by written notice thereof to the other Party. G. Municipal Power: Nothing in this Agreement shall be construed to be in derogation of the powers granted to the municipal corporations by Article XVIII of the Ohio Constitution, including the right to protect the health, safety, and welfare of their citizens. H. Electronic Signature and Counterparts: This Agreement may be executed by signatures delivered electronically or via facsimile. For the convenience of the Parties, this Agreement may be and has been executed in several counterparts which, when combined to form a fully executed version of this Agreement, shall be deemed to be whole and complete and may be introduced in evidence or used for any other purpose. I. No Third -Party Benefit: This Agreement is intended for the benefit of the Parties herein and nothing contained in this Agreement shall be construed as creating any rights or benefits in any third party. J. No Waiver: No course of dealing between the Parties or any delay by a Party to exercise any right it may have under this Agreement will operate as a waiver of any of the rights provided hereunder or by law or equity, nor will any waiver of any prior default operate as the waiver of any subsequent default, and no express waiver will affect any term or condition other than the one specified in such waiver and the express waiver will apply only for the time and manner specifically stated. UA Communications Agreement Page 11 of 13 K. Relationship of Parties: This Agreement does not create the relationship of principal and agent, or of partnership, joint venture, or of any association or relationship between the parties. Also, by entering this Agreement, neither party is entering into an employment relationship with any employee of the other Party. L. Appropriation of Funds: Purchases under this contract beyond the end of the current fiscal year are contingent upon the appropriation of funds for such purposes during the ensuing fiscal year(s) IN WITNESS WHEREOF, the City of Dublin and City of Upper Arlington have set their hands by their authorized representatives on the day, month and year first written above. CITY OF DUBLIN, OHIO By: Dana L. McDaniel, City Manager Approved as to form: By: Jennifer Readler, Law Director UA Communications Agreement CITY OF UPPER ARLINGTON, OHIO By: Theodore J. St on, City Manager By: Je ' e Hummer, City Attorney Page 12 of 13 EXHIBIT A Northwest Regional Emergency Communications Center (NRECC) Annual Operating Budget The annual budget for the NRECC is developed each fall by the Chief of Police, the Technical Services Bureau Commander and the Director of Finance. The participating agencies provide input through their representatives on the NRECC Executive Committee. The budget is based on the following: ■ Personnel costs' ■ Operating costs ■ Capital expenditures ■ Debt Service 'The personnel costs are based on the actual employees and their status for insurance coverage (single /family) at the time the budget is developed. Funding for vacancies and new positions are budgeted at a Step 2 or Step 3 (pursuant to the Collective Bargaining agreement between the City of Dublin and the FOP-01-C) with family insurance coverage. 2 I 2015, the City issued $10.6 million in debt for expansion of the City of Dublin Justice Center. The area in which the NRECC operates is approximately 7.5% of the new square footage of the facility. As such, 7.5% of the debt service on the expansion is included with the annual budget. The proposed NRECC annual budget is not finalized until Dublin City Council approves the City's annual operating budget in December of each year (for the upcoming year). However, a preliminary budget is submitted to all participating entities by October 1 for their planning purposes. While changes to the NRECC budget are unlikely to be made by City Council, the budgetary amount is not final until Dublin City Council approval. Determining Participant's Annual Charge Each participating entity's proportionate share of the NRECC budget for the upcoming year is based on its' respective number of emergency calls and the type of calls from the previous July 1— June 30 time period. The City has determined that all emergency calls are not created equal; that different types of calls require different amounts of time that a Communication Technician is involved. As such, calls for each participating entity are characterized as one of the following five: ■ Call for Service — Law Enforcement UA Communications Agreement Page 13 of 13 ■ Call for Traffic Stop ■ Call for Mutual Aid ■ Call for EMS Service ■ Call for Fire Service Computer aided dispatch events that are not related to a request for service are not counted for the purposes of billing. Through analysis of call for service data, conducted by City of Dublin personnel, the Dispatcher Involvement Time is determined. This represents an average amount of time that a Dispatcher spends on each of the various call types. Using the City of Dublin's loaded rate for a Communication Technician (as determined by the City's bi- annual costs of services analysis) and the Dispatcher Involvement Time for each type of call, a dollar value per call is determined. It is important to note that this loaded rate has no impact on the overall budget for the NRECC nor the amount each entity is charged. Rather it is simply used to determine a cost per call. The dollar value per call is then multiplied by the number of each type of call for each entity and results in the Direct Cost per Call. The total cost of dispatching for the upcoming year is then divided by the sum of each of the entity's direct costs per call in order to come up with factor which gets applied to the direct cost. This factor is then applied to each entity's direct cost in order to determine each entity's proportionate share of the upcoming year's operating budget. 0127206.0607934 4812- 4313- 3762v2 UA Communications Agreement