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Resolution 17-23RECORD OF RESOLUTIONS GOVERNMENT FOR NO. 30045 17-23 Resolution No Passed , 20 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE FRANKLIN COUNTY COMMISSIONERS FOR THE ADMINISTRATION OF WIRELESS 9-1-1 GOVERNMENT ASSISTANCE FUNDS WHEREAS, Franklin County is responsible for the administration of the Wireless 9-1-1 Governmental Assistance Funds it receives from the Ohio Department of Taxation; and WHEREAS, the City of Dublin serves as one of the four public safety answering points to provide wireless enhanced 9-1-1 services; and WHEREAS, this Agreement will provide a mechanism for the distribution of the 9-1-1 funds so that the City of Dublin may acquire and pay for permissible wireless 9-1-1 expenditures as outlined in the Ohio Revised Code; and WHEREAS, section 307.15 of the Revised Code provides the requisite authority for the parties to enter into this Agreement and perform their respective obligations; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, ‘L__ of its elected members concurring, that: Section 1. The City Manager is hereby authorized to execute the intergovernmental agreement, attached hereto as Exhibit “A,” with the Franklin County Commissioners for the administration of Wireless 9-1-1 Government Assistance Funds. Section 2. This Resolution shall be effective upon passage in accordance with Section 4.04(a) of the Revised Charter. yA ra Passed this LT day of Leba LQ Hf , 2023. Gor Tick. Mayor - Presiding Office’ / Clerk’ of Couficil To: Members of Dublin City Council From: Megan O’Callaghan, City Manager Initiated By: Chief of Police Justin Páez Bureau Director Jay Somerville Date: February 21, 2023 Re: Resolution 17-23 - Intergovernmental Agreement with the Franklin County Commissioners for the Purpose of Receiving Funds Disbursed from the Wireless 9-1-1 Governmental Assistance Fund for the Answering of 9-1-1 Calls From Wireless Telephones Summary Attached for Council’s consideration is Resolution 17-23, authorizing the City Manager to enter into an intergovernmental agreement with the Franklin County Commissioners for the purpose of receiving funds disbursed from the Wireless 9-1-1 Governmental Assistance Fund for the answering of 9-1-1 calls from wireless telephones. Adopted in 2006 and amended in 2008 and 2012, Ohio Revised Code §128 establishes a now $.25 per month user fee on every wireless phone bill to reimburse local public safety answering points for costs associated with receiving 9-1-1 calls placed from wireless telephones. As directed by law, the Wireless 9-1-1 Governmental Assistance Fund is administrated by the County Commissioners, with funds being disbursed in accordance with the formula set by the local 9-1-1 Planning Committee. To facilitate disbursement, local agencies are required to maintain a current intergovernmental agreement. Dublin’s most recent agreement expired at the end of 2019. This new agreement will allow us to continue to receive funding disbursements through December 31, 2023. The Franklin County 9-1-1 planning committee revised the disbursement plan effective in 2018 to accommodate the reduction in funded answering points from five to four as directed by Ohio Revised Code §128.57. Dublin will continue to be one of the four funded answering points. Attached is a copy of the proposed intergovernmental agreement between the City of Dublin and the Franklin County Commissioners. The agreement includes the resolution passed by the Franklin County 9-1-1 Planning Committee that establishes how funds will be disbursed to the local governmental entities. Once the intergovernmental agreement is executed by the parties, Franklin County will continue disbursements on a monthly basis for the duration of the fund. Disbursements received from the Wireless 9-1-1 Governmental Assistance Fund must be used in accordance with Revised Code §128.571 which includes those costs incurred in the designing, upgrading, purchasing and maintaining equipment as well as the training of staff used to answer wireless 9-1-1 calls. Up to fifty percent of the disbursements received may be used for personnel costs once all equipment purchases have been completed. Recommendation Staff recommend approval of Resolution 17-23. Office of the City Manager 5555 Perimeter Drive • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 Memo INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF DUBLIN AND FRANKLIN COUNTY, OHIO This Intergovernmental Agreement (“Agreement”) is made and entered into by and between the Franklin County Board of Commissioners (hereinafter referred to as the “County”) and the City of Dublin hereinafter referred to as the “City”). WHEREAS, the County receives Wireless 9-1-1 Government Assistance funds from the Public Utilities Commission of Ohio; and WHEREAS, the City is the recipient of 9-1-1 funds as approved by a resolution of the 9-1-1 Planning Committee on November 26, 2022; and WHEREAS, the County and the City desire to enter into this Agreement to provide for the distribution of the 9-1-1 funds in order for the City to expeditiously acquire and pay for permissible wireless 9-1-1 expenditures as outlined in R. C. 128.57; and WHEREAS, Revised Code §307.15 provides the requisite authority for the parties to enter into this Agreement and perform their respective obligations; and WHEREAS, this Contract has been authorized by Resolution No. 830-22 of the Franklin County Board of Commissioners and Resolution No. ___________, passed _________ day of ___________, 2023, by the City of Dublin. NOW THEREFORE, in consideration of the premises and the mutual promises covenants and conditions contained herein, the parties hereto agree to the following: 1. Franklin County shall disburse monies received from Ohio’s 9-1-1 government assistance fund pursuant to the November 26, 2022 resolution of the Franklin County 9-1-1 Governing Board. The resolution and dollar amounts are attached hereto as Exhibit A and incorporated herein by this reference. 2. The City covenants and agrees that in the utilization of the 2023 9-1-1 wireless funds that it shall comport with any and all rules, regulations, and laws as required by the State of Ohio. 3. The County shall process payment directly to City on a monthly basis. 4. The parties agree that the City shall be the sole owner of any and all equipment and/or software purchased by the City with funds disbursed pursuant to this Agreement. 5. With respect to 9-1-1 funds disbursed to the City, in the event that an authorized governmental agency or its agent having responsibility for conducting an audit disallows certain costs and requires that a refund be issued, the City shall be responsible for providing the refund amount in full. 6. This contract is subject to amendments, modifications, or alterations anytime, provided such amendments, modifications, or alterations are agreed upon in their entirety by all parties hereto, and executed in accordance with applicable provisions of the Ohio Revised Code. 7. This contract shall be construed, interpreted, and the rights of the parties determined, in accordance with the laws of the State of Ohio. A determination that any part of this agreement is invalid shall not invalidate or impair the force or effect of any other part thereof, except to the extent that such other part is wholly dependent for its operation upon the part so declared invalid. 8. This Agreement may be executed with signatures delivered by either facsimile or scanned e-mail and copies of such signatures so delivered shall be deemed originals. The undersigned warrant their authority to execute this Agreement. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands to this agreement this _____ day of ________________, 2023. _________________________________ _______________________________ Ken Wilson, County Administrator Megan O’Callaghan, City Manager City of Dublin Approved as to Form: Approved as to Form: _________________________________ _______________________________ By: Asst. Prosecuting Attorney By: City Attorney’s Office EXHIBIT I Forecast for Wireless 9-1-1 Disbursements for 2023 (PSAP Distribution Based on Combination of Wireless Calls Received and Estimated Population Served) 2022 Original Plan 2022 Modified Plan 2023 Proposed Plan REVENUE Estimated Receipts 2,492,425$ 2,741,567$ 2,741,567$ TOTAL REVENUE 2,492,425$ 2,741,567$ 2,741,567$ EXPENSES County Expenses Wireless Call Trunks 30,000$ 30,000$ 30,000$ Wireless Tariff Charges 102,000$ 102,000$ 102,000$ Wireless 9-1-1 Coordinator 50,000$ 50,000$ 50,000$ Mapping Database Maintenance 25,000$ 25,000$ 25,000$ Public Education and Outreach 25,000$ 25,000$ 25,000$ Subtotal - County Expenses 232,000$ 232,000$ 232,000$ Reserves Contingency Reserve 120,000$ 120,000$ 120,000$ PSAP Reserve 130,000$ -$ 130,000$ Subtotal - Reserves 250,000$ 120,000$ 250,000$ PSAP Disbursements* Columbus (74.2%)1,534,160$ 1,756,630$ 1,729,857$ Dublin (6.3%)130,000$ 130,000$ 130,000$ Franklin County Sheriff (13.5%)231,358$ 269,710$ 269,710$ Westerville (2.9%)-$ -$ 130,000$ Grove City (3.1%)114,907$ 114,907$ -$ Grove City (Additional Disbursement)-$ 118,320$ -$ Subtotal - PSAP Disbursements 2,010,425$ 2,389,567$ 2,259,567$ Other Expenses AT&T Wireless System Maintenance Agreement -$ -$ -$ TOTAL EXPENSES 2,492,425$ 2,741,567$ 2,741,567$ ** No maximum disbursement for the City of Columbus and Franklin County Sheriff. 2022 Original Plan -Funding allocated under the 2022 Original Plan,except that Grove City replaces Westerville due to the limits on the number of PSAPs receiving disbursements set forth under section 128.571 of the Revised Code;$25,000 set aside for Public Education and Outreach;Year 4 payments for upgrade allocated from Franklin County and Grove City to the City of Columbus. 2022 Modified Plan -Additional funding collected allocated to the City of Columbus and Franklin County Sheriff under the 2022 Original Plan plus an additional disbursement to Grove City in 2022 to be funded from the balance in the PSAP Reserve. Year 5 final payment for upgrade allocated from Grove City to the City of Columbus. 2023 Proposed Plan -Funding allocated under the 2022 Modified Plan;Westerville replaces Grove City due to the limits on the number of PSAPs receiving disbursements set forth under section 128.571 of the Revised Code; Year 5 final payment for upgrade allocated from Franklin County to the City of Columbus. *PSAP Disbursement amounts are subject to change based on actual receipts less the annual allocations for county expenses and reserves, with a minimum disbursement of $130,000 Prepared by: Franklin County Office of Management Budget Date: September 30, 2022