Resolution 013-19RECORD OF RESOLUTIONS
Dayton Legal Blank, Inc., Form No. 30045
13-19
Resolution No. Passed , 20
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH THE DUBLIN CITY
SCHOOL DISTRICT BOARD OF EDUCATION FOR FLEET
SHARED SERVICES FOR COMPRESSED NATURAL GAS
SCHOOL BUSES.
WHEREAS, the City of Dublin and Dublin City School District entered into a
shared services agreement with regard to the maintenance of the gasoline
and diesel fuel service area and purchase of gasoline and diesel fuel in 1999;
and
WHEREAS, the Dublin City School District recently purchased five (5)
Compressed Natural Gas (CNG) school buses; and
WHEREAS, the City of Dublin and Dublin City School District staff have
reviewed operations, services and procedures within their respective
organizations and have determined fueling and preventive maintenance and
repairs for the Dublin City School District's CNG school buses would best be
provided by the City of Dublin and result in improved efficiencies and benefit
both organizations; and
WHEREAS, the City of Dublin has the capacity and technical ability to provide
fleet services, including, but not limited to, fueling, training, preventive
maintenance and repair services for the Dublin City School District's CNG
school buses; and
WHEREAS, Section 9.482 of the Ohio Revised Code permits a political
subdivision to enter into agreements with other political subdivisions under
which a contracting political subdivision agrees to exercise any power,
perform any function or render any service* for another contracting recipient
subdivision that the contracting recipient political subdivision is otherwise
legally authorized to exercise, perform or render, subject to the approval of
their respective legislative authorities.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, of the elected members concurring, that:
Section 1. The City Manager is hereby authorized to enter into the attached
agreement with the Dublin City School District Board of Education for the
provision of certain CNG fleet shared services as are identified in the
agreement.
Section 2. This Resoluti hall take effect and be in force upon passage in
accoronce with Sectio 4 4(a) of the Revised Charter.
11111111
1 P'Mpaal u
Mayor — Pre5'ding Wicer
Attest:
Clerk of Council
AML
Office of the Cloty Manager
5200 Emerald Parkway e Dublin, OH 43017-1090
U1 r, v D in Phone: 614.410.4400 * Fax* 614.410.4490
Cit'. of "ubl*
To,: Members of Dublin City Council
From: Dana L. McDaniel, City Mana
February 19, 2019
In'KI'ated By,: Megan O'Callaghan, Director of Public Works
Darryl Syler, Director of Fleet Management
Authorizing the City Manager to Enter into an Agreement -
,-%,ex Resolution 13-19
with the Dublin City School District Board of Education for Fleet Shared Services
for Compressed Natural Gas School Buses
Staff recommends City Council approval of Resolution 13-19, authorizing the City Manager to Enter
into an Agreement with the Dublin City School District Board of Education for Fleet Shared Services
for Compressed Natural Gas School Buses.
INTERGOVERNMENTAL AGREEMENT FOR FLEET SHARED SERVICES FOR
COMPRESSED NATURAL GAS (CNG) SCHOOL BUSES
This Intergovernmental Agreement for Fleet Shared Services ("Agreement") is entered into by
and between the City of Dublin, an Ohio Municipal Corporation ("Provider") and the Dublin City School
District Board of Education, an Ohio Pic School District ("the School District"), collectively ("the
Parties,") individually ("Party") this day of e 2019.
WHEREAS, the School District recently purchased e (5) Compressed Natural Gas (CNG)
school buses; and
WHEREAS, the Parties have reviewed operations, services and procedures within their
respective organizations in an effort to identify areas where shared services may be appropriate; and
WHEREAS, the Parties, in discussing their respective fleet operations, including fueling, training
of fleet technicians, and provision of preventive maintenance and repairs, have agreed in principle that
partnering regarding fleet services may result in efficiencies and/or cost savings; and
WHEREAS, Section 9.482 of the Ohio Revised Code permits a political subdivision to enter into
agreements with other political subdivisions under which a contracting political subdivision agrees to
exercise any power, perform any function or render any service for another contracting recipient
subdivision that the contracting recipient political subdivision is otherwise legally authorized to exercise,
perform or render, subject to the approval of their respective legislative authorities; and
WHEREAS, the Parties acknowledge that in the spirit of intergovernmental cooperation, a
regional approach to the provision of certain services will be considered when the means for such
cooperative effort are available and result in a cost savings and/or enhanced delivery of public services;
and
WHEREAS, the Provider has the means to increase its capacity to provide fleet services,
including, but not limited to, fueling, training, preventive maintenance and repair services to the School
District, and any other services provided in the attached Exhibit A ("the Services:"); and
WHEREAS, the School District has identified a need to contract for Services; and
WHEREAS, Provider is ready, willing and able to contract with the School District on the terms
and conditions hereinafter set forth, to provide Services for the School District in accordance with
Provider's ability to provide Services in accordance with Provider's normal capacity and internal service
priorities; and
NOW, THEREFORE, in consideration of the above, the Parties have agreed as follows:
Provider shall provide Services to the School District as outlined in the attached Exhibit "A" and
in accordance with Provider's normal business schedule, outlined in Exhibit B, unless Provider's
capacity to provide Services becomes unavailable. Both Parties recognize that this Agreement is
non-exclusive and that the School District is under no obligation to utilize Provider's Services
under this Agreement, and that Provider is under no obligation to perform or offer Services for
the School District if Provider's capacity to provide Services becomes unavailable; provided,
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however, that in the event services cannot continue to be provided by Provider then Provider will
give a minimum of thirty (30) days advance written notice informing School District of Provider's
inability to provide service.
Per Section 9.482 of the Ohio Revised Code, employees acting pursuant to a legislatively
approved contract between potential subdivisions are permitted to participate in any pension or
indemnity fund established by Provider to the same extent as if they were providing Services
for Provider, and are entitled to all the rights and benefits of the Workers' Compensation Law
to the same extent as while they are performing a Service within the boundaries of Provider.
The Parties are political subdivisions and are entitled to all of the immunities and defenses
provided by law. To the extent that Chapter 2744 of the Revised Code applies to the operation
of the Parties, it applies to each Party that is subject to this Agreement and to its employees
when they are rendering a Service outside the boundaries of their respective Party under the
Agreement.
This Agreement does not in any way limit any power or function of a Party in respect of any
such functions being performed under this Agreement by another political subdivision.
Each Party agrees that it will be responsible for its own acts and omissions and the results
thereof; and shall not be responsible for the acts and omissions of the other Party and the results
thereof. Each Party agrees that it will assume all risk and liability to itself, its agents, or its
employees for any injury to persons or property resulting in any manner from conduct of its
own operations and the operations of its agents or employees under this Agreement.
Notwithstanding anything to the contrary, a Party shall not be liable to another Party for any
special, consequential, incidental, punitive, or indirect damages or attorney fees arising from
or relating to this Agreement.
No covenant, obligation, or promise of the Parties contained in this Agreement shall be deemed
to be a covenant, obligation, or promise of any present or future officer, elected official,
employee, agent, or volunteer of the Parties in other than their official capacity and neither the
officer, elected official, employee, agent, or volunteer of the Parties approving or executing
this Agreement shall be liable personally by reason of the covenants, obligations, or promises
contained in this Agreement.
For employment relationship purposes, any Provider shall be an employee of the political
subdivision for which that employee is ordinarily employed and by whom such employee is
paid. Such employee shall not be entitled to any additional compensation or employment
benefits from the School District, and no claim of joint employer status or liability shall be
made on account of or arising from any incident in which a Provider's employee may be
involved.
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9. The Parties agree that records pertaining to this Agreement are subject to Section 149.43 of the
Ohio Revised Code (the "Public Records Law"), to the extent permitted or required by law.
The Parties agree to reasonably cooperate with respect to any public record request and any
request of an authorized representative of the Auditor of the State of Ohio in connection with
audits and inspections of financial reports or conduct audits.
10. The effective date of this Agreement shall be the latest date signed below and shall be for a five
(5) year period; provided, however, that either Party may terminate this Agreement upon thirty
(30) days' advance written notice to the other party. Termination of this Agreement shall not
relieve the non -providing party from paying for any and all services provided.
11. This Agreement may only be amended in writing signed by an authorized representative of each
participating Party, and as authorized by their respective legislative authorities, if required.
12. The School District shall provide a Certificate of Funds or Purchase Order signed by the School
District Fiscal Officer, evidencing the appropriation of funds sufficient to cover the costs of the
Services to be provided.
13. Whenever notice is required in this Agreement, such notice shall be in writing and shall be
deemed served when either delivered in person to the following designated agents for that
purpose, or deposited in the United States Mail, by certified or registered mail, postage prepaid,
return receipt requested, addressed to the other Party as follows:
If to City of Dublin:
City of Dublin
Attn: Director of Fleet Management
6351 Shier -Rings Road
Dublin, OH 43016
And:
Jennifer Readler
Law Director, City of Dublin
CIO Frost, Brown, Todd, LLC
10 West Broad St
One Columbus Center, Suite 2300
Columbus, Ohio 43215
If to Dublin City School District:
Dublin City School District
Attn: Jeff Stark
Chief Operating Officer
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6371a Shier Rings Road
Dublin, OH. 43016
And:
Christopher Miller
Ice Miller, LLP
250 West Street, Suite 700
Columbus, Ohio 43215
or such other address as may be designated in writing by the Parties.
This Agreement may be executed in multiple counterparts, including facsimiles or scanned copies, each
of which shall be recognized as an original signature.
IN WITNESS WHEREOF, the Parties, each by an authorized agent, have entered into this
Intergovernmental Agreement on the date indicated above.
CITY OF DUBLIN, OHIO
AN OHIO MUNICIPAL
CORPORATION
Title:
APPROVED AS TO FORM
Law Director
City of Dublin, Ohio
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DUBLIN CITY SCHOOL DISTRICT
BOARD OF EDUCATION, AN OHIO
PUBLIC SCHOOL DISTRICT
By:
Title: 00 r !�►
Date: lo b -a l q
Exhibit A: Statement of Fleet Services for Compressed Natural Gas (CNG) School Buses
Fleet Services provided under this agreement may include, but are not limited, to the following: CNG
fueling, preventive maintenance services, and diagnostic services, repair services (both emergency and
non -emergency), vehicle up -fitting and training of fleet technicians or other employees as it pertains to
Compressed Natural Gas vehicles and assets.
Service Availability and Scheduling
Repair and preventive maintenance services shall be provided to the extent of the Provider's available
excess capacity and is subject to the priorities of the Provider's need to maintain its own vehicles and
equipment. Emergency vehicles and equipment shall take priority over non -emergency vehicles and
equipment. The Provider shall make a reasonable effort to complete scheduled work within two (2)
business days; or other agreed upon completion schedule established to account for the complexity of the
anticipated work. In the event that the Provider determines that it is not reasonably able to complete the
requested work in a timely manner due to workload, complexity of the work, and/or other circumstances,
the Provider will notify the School District to make reasonable efforts to minimize the impact on the
School District's operations.
When School District wishes to receive Services shall make a reasonable attempt to contact the Provider
in advance to schedule the service.
Charges
All invoices shall be charged on a "time & material" basis: Labor and parts will be charged at the
applicable rates as noted below. The current rates and charges listed herein are subject to change. The
City of Dublin shall make a reasonable effort to diagnose conditions and provide an estimate of charges
necessary for the Service to be rendered. "Charges" shall include all costs associated with providing
Service, including, but not limited to, hourly service charges, parts, administrative and/or diagnostic fees,
after-hours or overtime fees, towing fees and specialty repair fees (if applicable).
T.shor Rates
At the current time, the Provider's fleet maintenance labor rates are One Hundred and Ten Dollars and No
Cents (US $110.00) per hour per Ordinance 65-18 during regular business hours. These rates are subject
to change. The Provider shall provide the School District a thirty (30) day notice of any change in labor
rates.
Parts
Parts used for the provision of fleet services shall be purchased through the Provider. Parts are
charged to the School District at cost plus a five percent (5%) mark-up.
Use of after -market parts, in addition to or instead of original equipment manufacturer parts, may be used
contingent upon those after -market parts being covered under the same level and standard of warranty as
original parts, and which parts perform in the same manner as original parts. When such after -market parts
are used, Provider will provide School District with notice that after -market parts have been used.
Diagnostics
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After conducting an initial diagnostic inspection of the fleet vehicle, the Provider shall provide a written
estimate of the charges, along with an estimated date for completion, to the School District. Upon written
acceptance of the estimate by the School District, Provider shall provide the service and complete the work.
Each Party shall keep accurate records of all services requested and received, including identifying
vehicles, dates, estimates, odometer readings, fuel levels, costs and payments of accounts.
Level of Service
All repairs, preventive maintenance and/or other services shall be provided by trained, certified
mechanics and staff in Provider's employ or under Provider's control in a workman -like manner and in
accordance with the customary standards in the industry of vehicle repair and maintenance.
CNG Fueling
Fuels are charged at the base price of fuel plus a fuel surcharge. At the current time, the Provider CNG
surcharge is Sixty -Six Cents (US $0.66) per GGE compressed natural gas per Ordinance 65-18. These
rates are subject to change. The Provider shall provide the School District a thirty (30) day notice of any
change in CNG surcharge.
Trainin
Notice of shared training opportunities shall be given to School District and will be offered as Provider
has excess capacity. Prices for training shall be consistent with the charges levied by external vendors.
Billing and Pgyment
The Provider shall promptly invoice School District for Services provided hereunder. Billing shall be
provided monthly to the School District. Unless otherwise being reasonably disputed, School District shall
pay invoices within thirty (30) days of the invoice.
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Exhibit B: Regular Business Hours and Holidays
For the purpose of determining the labor rates charged by the Provider to School District, regular business
hours are defined as Monday through Friday, 7:00 am to 3:00 pm. Hours worked outside regular business
hours will be charged at the overtime rate of pay, with the exception of hours worked on Holidays, as
defined below, which will be charged at the Holiday rate of pay.
The following are designated as holidays for the Provider:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Christmas Day
Should the Federal of State government designate a specific date or day of the week for observation of
one of the above listed holidays; the Provider will generally follow that designation. When a holiday falls
on a Saturday, the Friday immediately before the holiday shall be the observed day; should the holiday
fall on a Sunday; the Monday immediately following the holiday shall be the observed day.
0127206.0607934 4844-9426-9318vl
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