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Resolution 60-22 To: Members of Dublin City Council From: Megan O’Callaghan, City Manager Date: November 8, 2022 Re: Resolution 60-22 – 2023 Franklin County Public Health Contract Summary Resolution 60-22 authorizes the City Manager to enter into a contract (attached) with the District Advisory Council of the Franklin County General Health District (Franklin County Public Health) for the provision of public health services and plumbing inspection services for 2023. Franklin County Public Health serves as the public health agency for the City, including the portions of the City in Delaware and Union Counties. The Board of Franklin County Public Health approved a per capita rate of $9.5996 for the public health services it provides to participating jurisdictions for 2023. This per capita rate reflects an increase of 3% over the 2022 per capita rate ($9.32). Based on MORPC’s estimated population for Dublin of 49,221, the City’s costs for the 2023 contract is $472,501.91. This is an increase of $975.15 from the 2022 amount ($471,526.76.00). This amount has been budgeted as part of the 2023 Operating Budget. As Council is aware, the City of Dublin contracts separately with Franklin County Public Health for mosquito control services and plumbing plan review services. Franklin County Public Health is responsible for the mosquito contract administration and monitors the contractor’s performance and compliance with the terms, conditions, and specifications of the contract. Staff has also budgeted for these services in the 2023 Operating Budget. Recommendation Staff recommends that Council approve Resolution No. 60-22 for public health services in 2023. Please address any questions to Megan O’Callaghan. Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017 Phone: 614.410.4400 Memo 1 CONTRACT Between FRANKLIN COUNTY BOARD OF HEALTH And CITY OF DUBLIN This contract entered into by and between the City of Dublin (hereafter referred to as “City”), with its principal address being 5555 Perimeter Drive, Dublin, Ohio 43017, and the Board of Health of the Franklin County General Health District (hereafter referred to as “Board” or “Franklin County Public Health”) for 2023 Public Health Services under the approval of Resolution No. 22-158, dated September 13, 2022. The Board is a general health district as defined under Ohio Revised Code (ORC) Section 3709.01. ORC Section 3709.08 authorizes cities in Franklin County to contract with the Board to provide public health services to and within the City. The District Advisory Council (hereafter referred to as “Council”) of the Franklin County General Health District, created by ORC 3709.03, after giving due notice by publication as required by law, held a public meeting on March 28, 2022, at which by a majority vote of members representing the Council voted affirmatively to provide public health services to the cities in Franklin County, and did authorize the Chairman of the Council to enter into a contract with the Mayor of each city to provide public health services therein. The Board is engaged in the governance of providing public health services as described in this contract and the Scope of Work, attached hereto and incorporated herein as Exhibit A, and has the knowledge, skills and resources to provide such services in accordance with the terms and conditions of Ohio law and this contract. Pursuant to Revised Code 3709.08(C), the contract was submitted to the State of Ohio’s director of health. The Board is organized and equipped to provide the services and shall have the powers and shall perform all the duties required of the board of health or the authority having the duties of a board of health within the City. The City is willing to contract with the Board for such services in accordance with the terms and condition of Ohio law and this Contract. SECTION 1 – SERVICES The Board shall, for the consideration hereinafter stated, furnish to the City, and inhabitants thereof, all such public health services as are furnished to all villages and townships and the inhabitants thereof, of Franklin County, Ohio. Said services shall include all services as allowed by law according to the most current version of the Ohio Revised Code and as listed in Exhibit A. Said services shall include the minimum standards and optimal achievable standards for boards of health and local health departments pursuant to Ohio Revised Code Section 3701.342. Said services shall include enforcement 2 of all rules and regulations as allowed by law according to the most current version of the Ohio Administrative Code and the enforcement of the following Franklin County Public Health Regulations: (100) Definitions (103) Plumbing and Medical Gas for Commercial, Public and Residential Buildings and Places (104) Rabies Control (105) Approval of Building Plans (106) Sewage Treatment Systems (199) Administration and Enforcement And, the current version of the above-described regulations of Franklin County Public Health shall apply to and be enforceable within the jurisdiction of the Franklin County General Health District and the City. The City Attorney shall be responsible for any litigation involving enforcement of Health Regulations within the corporate limits of said political subdivision. This contract and any claims arising in any way out of this contract shall be governed by the laws of the State of Ohio. Any litigation arising out of or relating in any way to this contract or the performance hereunder shall be brought only in an Ohio court of competent jurisdiction in Franklin County, Ohio, and the City hereby irrevocably consents to such jurisdiction. SECTION 2 – TERM Said public health services shall be furnished beginning January 1, 2023 and ending December 31, 2023 provided, however, that either party to this agreement shall have the right to cancel the same upon four (4) months written notice and the parties hereto may, by mutual written agreement, modify the terms of this agreement. SECTION 3 – COMMUNICATION The Board will provide ongoing communication with the Mayor/City Manager and his or her designees through notification at least quarterly. This communication will provide information on timely public health topics, upcoming events and featured services. Reports and other information about direct services that are being provided to the City will be provided upon request. SECTION 4 – PUBLIC HEALTH PAYMENT, FEES & CHARGES The City, Ohio shall pay the Board for said public health services furnished to the City and the inhabitants thereof, such sum or sums of money based on a per capita rate as would be charged against municipal corporations composing the Franklin County General Health District at a per capita rate of $9.5996. Said sums of money shall be paid to the Board in installments of 50% of the total contract amount in January 2023 and 50% of the total contract amount in June 2023 through the process of withholding the installment amounts from the semi-annual real estate tax settlement distribution to be received by the City and transferred to the Board by the 3 Settlement Officer of the Franklin County Auditor. The sum for 2023 shall not exceed $472,501.91, notwithstanding any fee established pursuant to the sections set forth below. In any instance where the Board expends funds to abate a nuisance pursuant to Section 1, above, within the City, the Board may invoice the City for the costs of such nuisance abatement. Further, the City shall pay, in addition to those sums set forth in Section 5, above, to the Board the cost to abate the nuisance. The Board agrees to certify such nuisance abatement costs to the Franklin County Auditor to be recorded as a lien upon the property and shall reimburse all funds recovered under such a lien to the City. SECTION 5 – PLUMBING AND MEDICAL GAS SERVICES AND FEES The Board shall, for the consideration hereinafter stated, furnish to the City, plan review and inspections for all plumbing and medical gas installations as are furnished to all inhabitants within the general health district of Franklin County. Inspectors are to be state certified Plumbing Inspectors and Plumbing Plans Examiners by the Ohio Board of Building Standards and certified by the American Society of Safety Engineers (ASSE) as Medical Gas Inspectors. The City, through its Building Department, shall issue permits and collect fees for such plumbing permits. The fee to be charged shall be the most current fee charged by the Board. The City shall forward sixty (60) percent of all plumbing permit fees collected by them to the Board upon receiving monthly statements of the amount due from the Board. The City shall pay said amount, within thirty (30) days after receipt of said statement. The City, through its Building Department may receive plumbing plans and collect fees for such plumbing plans. The fee to be charged shall be the most current fee charged by the Board. The City shall forward all plumbing plan fees collected by them to the board upon receiving monthly statements of the amount due by the board. The City shall pay said amount, within thirty (30) days after receipt of said statement. The Board shall issue permits and collect all fees for such medical gas permits. SECTION 6 – APPROVAL This contract is approved by a majority of the members of the legislative authority of the City, pursuant to the provisions of Ordinance __________________ dated ___________________________. The City has determined that Franklin County Public Health is organized and equipped to adequately provide the service that is the subject of this contract. 4 IN WITNESS WHEREOF, the parties to this agreement have hereunto set their hands and seals and have executed this agreement the day and year written below. DISTRICT ADVISORY COUNCIL OF THE FRANKLIN COUNTY GENERAL HEALTH DISTRICT ________________________________________________ Chairperson Date FRANKLIN COUNTY PUBLIC HEALTH ________________________________________________ Joe Mazzola, MPA Date Health Commissioner THE CITY OF DUBLIN, OHIO ________________________________________________ Megan O’Callaghan, City Manager Date APPROVED AS TO FORM: G. Gary Tyack Prosecuting Attorney Franklin County, Ohio ____________________________________________________ Assistant Prosecuting Attorney Date Attorney for the District Advisory Council of the Franklin County General Health District ____________________________________________________ City Attorney Date City of Dublin, Ohio 5 FINANCIAL CERTIFICATE It is hereby certified that the amount required to meet the contract agreement, obligation, payment of expenditure for the above has been lawfully appropriated, authorized or directed for such purpose and is in the treasury or in the process of collection to the credit of the proper fund and is free from any obligation or certificated now outstanding. _________________________________ ___________________________ Fiscal Officer Date City of Dublin, Ohio 6 EXHIBIT A SCOPE OF WORK Franklin County Public Health (“Board”), hereby agrees to provide health services for the City for the calendar year 2023 as set forth below ("Services"). • The Board shall have full authority to be and act as the public health authority for the City • The Services described in the schedule listed below in this Exhibit will be provided by the Board to the City. • The Services will include all necessary medical, nursing, sanitary, laboratory and such other health services as are required by the Statutes of the State of Ohio. The followings specific services shall be a part of the Services provided under this Contract: List of Functions, Programs and Services Administrative Services: Administration Budget, Accounts Payable, Accounts Receivable Communication & Marketing Grant Writing & Management Records Management Reports - Financial & Statistical Data Services: Community Health Assessment Health Data Environmental Health: Body Art Business Approval, Inspection and Education Food Service Operation Licensing, Inspection & Education Healthy Homes (Lead, Radon) Inspection & Education Vector Control Education Public Health Nuisance Enforcement & Education Plumbing & Medical Gas Plan Review and Inspections Public Swimming Pool & Spa Licensing, Inspection & Education Rabies Surveillance - Animal bite investigation and follow up Retail Food Establishment Licensing, Inspection & Education School Facilities Inspection & Education Sewage Treatment System Permitting, Inspection & Education Smoke Free Workplace Enforcement & Education Solid Waste, Construction and Demolition Facility, Transfer Station Inspection & Enforcement Sustainability Education and Efforts Temporary Park Camp Licensing, Enforcement & Inspection Water Quality Permitting, Testing & Education Emergency Preparedness: Community Outreach and Education 7 The Board maintains a range of grant funded programs for citizens throughout the County who are income qualified. THE BOARD RESERVES THE RIGHT TO AMEND THIS EXHIBIT AT ANYTIME PRIOR TO AUTHORIZATION OF THE CITY COUNCIL AND THE BOARD OF HEAL TH ANNUALLY. Injury Prevention/Opiate Crisis Programs & Education Public Health Emergency Preparedness Planning and Cities' Readiness Initiative activities Epidemiology, Surveillance, Investigation Services: Reportable Infectious Disease investigation and follow-up(excluding HIV/AIDS; STD; TB) Disease Outbreak Management Health Promotion: Community Health Action Teams Farm to School Program Nutrition & Physical Activity Education Programs Safe Routes to Schools Tobacco Use Prevention, Education & Cessation Program Health Systems & Planning: Community Health Improvement Plan Data & Information Technology Public Health Accreditation Immunization Services: Childhood and Adult Vaccine Administration Services Occupational Health: Immunizations and screenings - Fee for Service Maternal & Child Health: Bureau for Children with Medical Handicaps (BCMH) Public Health Nursing Services Safe Sleep & Infant Mortality Prevention Initiatives & Education