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Resolution 045-19RECORD OF RESOLUTIONS Dayton Legal Blank, Inc., Form No. 30045 Resolution No. 45-19 Passed , 20 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO ARS AGREEMENT WITH THE CITY OF WORTHINGON TO PROVIDE DISPATCHING SERVICES FOR THE CITY OF WORTHINGTON DIVISION OF POLICE AND DIVISION OF FIRE/EMS WHEREAS, the (�ity of Worthington ("Worthington,") desires to contract with the City of Dublin ("Dublin") for dispatching services for the Worthington Division of Police and the Worthington Division of Fire/EMS; and USHE:REAS, Dublin is able to furnish to Worthington 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' ' NOMI© THEREFORE, 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 Worthington, Ohio for dispatching services. Section 2. The Resolut!qfl shall be effective upon passage in accordance with Section 4. 1) of the R.evised Charter. I��s this a of �C.C! �t,.�`�' , 2019. Mayor — Presidj%ig Officer Clerk of Council Office of the City Manager Uit Of DU.b�I��I citI Y 5200 Emerald Parkway * Dublin, OH 43017-1090 IVI t: M 0 Phone: 614-410-4400 *Fax: 614-410-4490 To:a Members of Dublin City Council From: Dana L. McDaniel, City Mana Initiated By.: Chief Justin Parez Bureau Director Jay Somerville Date: August 14, 201't 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 Worthington in substantially the same way dispatching services have been provided to Upper Arlington since 2018, Hilliard and Norwich Township since 2013, and Washington Township since 1990. 11A I'llemo re. Agreement with Worthington to Provide Dispatching Services [packet date] Page 2 of 2 Staff is also proud to report that the City of Hilliard and Norwich Township have renewed their respective service agreements for an additional term lasting through 2022. liq �IIII III I I IIII III I I I � I I I I 1 111111 1111111 1 11111 DISPATCHING COMMUNICATION SERVICES AGREEMENT This Dispatching Communication Services Agreement ("Agreement') is entered into by and between the City of Worthington ("Worthington"), an Ohio Municipal Corporation, and the City of Dublin ("Dublin"), an Ohio Municipal Corporation. Either may also be referred to individually as "Party," and when referred to collectively, "Parties." RECITALS WHEREAS, being proponents of sharing and streamlining government services, Worthington and Dublin have spent considerable energy and resources exploring the possibility of sharing dispatching communication services for their safety forces; 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, Worthington 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, Worthington is in need of 9-1-1 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 Parties desire to enter into and execute this Agreement for Dublin to provide Worthington dispatching communication services; and WHEREAS, the Council for Dublin by Resolution No. , passed , 2019 authorized the City Manager to enter into and execute, on behalf of Dublin, this Agreement with Worthington to furnish such communication services; and WHEREAS, the Council for Worthington by Resolution No. 31-2019 passed May 20, 2019 authorized the City Manager to enter into and execute, on behalf of Worthington, this Agreement with Dublin to furnish such communication services; and NOW, THEREFORE, Dublin and Worthington hereby agree as follows: L PUBLIC SAFETY COMMUNICATION SERVICES A. Worthington 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 Page 1 of 8 Worthington Communication Agreement 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 Worthington Division of Police and Worthington Division of Fire & EMS. 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 Worthington access to Dublin's computer aided dispatch ("CAD") network for the purpose of accessing CAD call reports. This access shall be available at all Worthington stations; and (3) Representing Worthington at all Franklin County E-911 PSAP meetings; and (4) Maintaining the E-911 master street address guide for all areas located in Worthington; and (5) 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 Worthington 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 Worthington Division of Police and Worthington Division of Fire & EMS in accordance with generally acceptable procedures for dispatching and in accordance with such procedures prescribed by Worthington and/or Dublin, such procedures may be amended from time to time in writing by the Parties; and (3) Dublin shall answer the Worthington police and fire radios and communicate the message or internal requests to the Worthington Division of Police or the Worthington Division of Fire & EMS in accordance with generally acceptable procedures for dispatching and in accordance with such procedures prescribed by Worthington and/or Dublin such procedures may be amended from time to time in writing by the Parties; and Page 2 of 8 Worthington Communication Agreement (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 Worthington in accordance with written procedures prescribed by the Worthington Division of Police or the Worthington Division of Fire & EMS; and (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 Ohio LEADS/NCIC inquiry and record entry service for qualified and approved Worthington law enforcement officials. This includes, but is not limited to: entry, modification and removal of 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 confirmations, record locate and detainer records; inquiry capability through mobile data computers; and other necessary functions related to providing Worthington a full-service LEADS/NCIC terminal. Worthington shall be responsible to maintain a LEADS terminal and a LEADS Terminal Agency Coordinator (TAC) to perform all operator training and certification for Worthington personnel, validation of entered Worthington records and LEADS/NCIC inquiry access at Worthington police headquarters; and (8) Dublin shall provide on scene Incident Dispatch Team services for large- scale emergency events whenever possible when requested by Worthington. (9) Dublin will exercise reasonable diligence and good faith effort to provide Communications Services to Worthington at a service level comparable with Ohio PSAP Operational standards, CALEA Accreditation standards, NENA Operational Standard and APCO ANSII standards. (10) Worthington shall appoint the Police Chief and Fire Chief to serve on the Executive Committee, command level staff in the Fire Division to serve on the Fire/EMS Operational Committee, and command level staff in the Police Division to serve on the Law Enforcement Operational Committee. Page 3 of 8 Worthington Communication Agreement II. STAFFING A. Dublin and Worthington shall routinely prescribe dispatching procedures in, respectively, the Dublin communication center policies and procedures and the Worthington police and fire dispatching guidelines. B. Worthington is solely responsible for providing police, fire, EMS and other emergency services for the residents, public officials, business entities and other individuals in Worthington. Worthington, 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 Worthington and Dublin under this Agreement. D. Dispatching shall be performed only by qualified individuals hired by Dublin. In its continuing effort to provide quality services, Dublin represents that its communication center is accredited through CALEA. Dublin shall immediately notify Worthington if this accreditation is suspended, lost or otherwise revoked. 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 extensions thereof, of this Agreement to ensure a smooth transition and implementation of this contracted service. In order to cooperatively plan for future capital needs, Dublin shall provide Worthington with its five-year capital improvement plan and budget on a yearly basis, and any mid -year amendments or supplements thereto. C. Worthington, at its sole expense, shall assume all responsibility for Worthington mobile radio equipment and shall pay any expenses, fees or other charges required Page 4 of 8 Worthington Communication Agreement to render it compatible so that Worthington equipment will properly interface with the Dublin dispatch center. IV. PAYMENT A. The Parties agree that payment for the services hereunder shall be based upon an annual draft joint dispatch budget ("Joint Dispatch Budget") that will be prepared by Dublin no later than October 1st of each year of the original term of this agreement and/or any extensions thereof. The Joint Dispatch Budget shall be calculated based upon the calls for service datafrom the prior period beginning July 1st of the previous year and ending on June 30"' of the current year. B. Invoices for the annual costs as determined by the Joint Dispatch Budget shall be billed by December 31" for the upcoming year. Invoices shall be paid by January 31st C. Invoices for additional personnel for Worthington special events shall be due upon receipt. D. The Parties agree that one-time payment of Two Hundred and Fifty Five Thousand Dollars and No Cents (U.S. $255,000.00) shall be paid to Dublin by no later than February 15, 2020 for the cost to add two dispatch console positions to accommodate service for Worthington. E. Payments under this Agreement beyond the end of the current fiscal year are contingent upon the appropriation of funds for such purposes during the ensuring fiscal year(s). 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, Worthington will notify Dublin of any planned special events thirty (30) days in advance. If extra personnel are requested by Worthington to handle the workload of the event, Worthington 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 January 1, 2020 and end on December 31, 2022 unless otherwise terminated earlier, as provided for herein. In is anticipated that Dublin will begin providing Dispatching Communication Services on or about Page 5 of 8 Worthington Communication Agreement July 1, 2020. Dublin and Worthington 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 Worthington 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 understanding that disapproving an extension may cause hardship on Worthington, as the services provided herein are not a market commodity that Worthington can easily replace. Upon disapproving an extension, Dublin shall work with Worthington so that it can transition to a new Dispatching Communication Services provider in a professional and efficient manner. Dublin agrees to provide Worthington 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 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. Page 6 of 8 Worthington Communication Agreement 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 Worthington is an "Additional Insured". B. Worthington 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. All such Certificates 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 Worthington to Dublin for the Communication Services shall be as appropriated and authorized legislatively by Worthington City Council. Page 7 of 8 Worthington Communication Agreement IN WITNESS WHEREOF, the City of Dublin and City of Worthington, each by a duly authorized representative, have executed this Agreement to be effective as of the date last written below. CITY OF DUBLIN, OHIO Dana L. McDaniel, City Manager Date: Approved as to form: Jennifer Readler, Law Director Worthington Communication Agreement CITY OF WORTHINGTON, OHIO Matthew Greeson, City Manager Date: Tom Lindsey, Law Director Page 8 of 8