Resolution 39-23RECORD OF RESOLUTIONS
GOVERNMENT FORMS & SUPPLIES 844-224-3338 FORM NO. 30045
39-23 Resolution No. Passed , 20
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT WITH THE CITY OF
WORTHINGTON TO CONTINUE TO _ PROVIDE
DISPATCHING SERVICE FOR THE CITY OF
WORTHINGTION DIVISION OF POLICE AND
DIVISION OF FIRE/EMS
WHEREAS, the City of Worthington (“Worthington”) desires to continue to
contract with the City of Dublin (“Dublin”) for dispatching service for the
Worthington Division of Police and the Worthington Division of Fire/EMS; and
WHEREAS, Dublin is able to furnish to Worthington such dispatching services
and it is in the best interest of Dublin to do so; and
WHEREAS, Dublin desires to execute the attached agreement.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, 5 of its elected members concurring, that:
Section 1. | Dublin City Council authorizes the City Manager to execute the
attached agreement with the City of Worthington, Ohio for dispatching services.
Section 2. This Resolution shall be effective upon passage in accordance with
Section 4.04(a) of the Revised Charter.
Passed this ge i) of __—i\ au 2023.
“at - Presiding Officer
ifr of Coincil
To: Members of Dublin City Council
From: Megan O’Callaghan, City Manager
Date: May 2, 2023
Initiated By: Chief of Police Justin Páez
Bureau Director Jay Somerville
Re: Resolution 39-23 – Renewal Agreement with the City of Worthington for
Dispatching Services
Background
Attached for your consideration is Resolution 39-23, authorizing the City Manager to enter into a
renewal agreement with the City of Worthington to continue providing dispatching services for the
Worthington Division of Police and the Worthington Division of Fire/EMS. The City of Dublin has
been providing dispatch services to Worthington since 2020.
The previous agreement was valid for two years. The new agreement will continue our partnership
through December 31, 2025. Worthington’s renewal letter was not received within the contractual
180-day minimum to request an extension of the agreement. As such, Worthington preferred to
execute a new agreement and make one substantive change to the renewal terms. Under the new
agreement, Worthington’s request for an extension must be received at least 90 days before the
expiration of the agreement versus the previous 180-day minimum. The change does not affect
Dublin’s timeline for the response, which remains 60 days from the date of receipt of the extension
request. All other terms of the agreement remain unchanged.
Recommendation
Recommend passage of Resolution 39-23.
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017
Phone: 614.410.4400 Memo
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 previously entered into an agreement for Dublin to provide
Worthington dispatching communication services which expired on December 31, 2022; and
WHEREAS, the Parties desire to enter into and execute this Agreement for Dublin to
continue to provide Worthington dispatching communication services; and
WHEREAS, the Council for Dublin by Resolution No.___, passed _____ 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. ____ passed ______
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:
I. 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 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
(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 arid 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.
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.
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 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
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 data from the prior period
beginning July 1st of the previous year and ending on June 30th of the current
year.
B. 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.
C. Invoices for additional personnel for Worthington special events shall be due
upon receipt.
D. 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 May 1, 2023 and end on December 31, 2025
unless otherwise terminated earlier, as provided for herein. 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, its City
Manager shall submit, in writing, a request to Dublin to extend this
Agreement at least ninety (90) days prior to the expiration of the original
term and/or any previously approved extension.
(2) Dublin’s City Manager 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 by mutual
consent of the Worthington and Dublin City Managers, 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
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.
IN WITNESS WHEREOF, the City of Dublin and the 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 CITY OF WORTHINGTON, OHIO
By: By:
Megan O’Callaghan, City Manager Robyn Stewart, Acting City Manager
Date: Date:
Approved as to form:
By: By:
Jennifer Readler, Law Director Tom Lindsey, Law Director
0127206.0607984 4863-4259-3886v1