51-09 ResolutionRECORD OF RESOLUTIONS
Dayton legal Blank, Inc., Form No. 300x5
51-09 (Amended)
Resolution No. Parsed ~0
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH THE CITY OF WORTHI\'GTON,
OHIO AND DELAWARE COUNTY, OHIO FOR THE PURPOSE OF
ESTABLISHING A REGIONAL COUNCIL OF GOVERNMENT TO
PROVIDE OVERSIGHT AND MANAGEMENT OF A SHARED
PUBLIC SAFETY RADIO SYSTEM AND APPOINTING THE
DEPUTY CITY MANAGER/CHIEF OF POLICE AS THE
REPRESENTATIVE FOR THE CITY OF DUBLIN
WHEREAS, the City of Dublin Ohio, Delaware County, Ohio and the City of
Worthington, Ohio applied for and received a Public Safety Interoperability Grant for the
purchase and installation of a new regional public safety radio system; and
WHEREAS, the grant application strongly encouraged the establishment of a regional
form of governance to oversee the maintenance and management of the system; and
WHEREAS, tl~e City of Dublin, Ohio, Delaware County, Ohio and the City of
Worthington, Ohio have formed the Delaware-Dublin-Worthington 800MHz Radio
Consortium to serve as the advisory committee to prepare a recommendation for the
establishment of a regional form of governance; and
WHEREAS, the members of the Delaware-Dublin-Worthington 800MHz Radio
Consortium have recommended the formation of a Regional Council of Governments as
allowed under Ohio Revised Code § 167.01 as the preferred governance structure for the
system; and
WHEREAS, the Parties desire to enter into an Agreement to establish a Regional Council
of Government to facilitate a more effective and efficient system.
\TOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
of its elected members concurring, that:
Section 1. The City Manager is authorized to enter into an Agreement with the City of
Worthington, Ohio and Delaware County, Ohio for the establishment of a Regional
Council of Governments in accordance with Exhibit A.
Section 2. The Deputy City Manager/Chief of Police is hereby appointed to serve as the
representative for the City on the Governing Board of the Regional Council of
Governments.
Section 3. This Resolution shall be effective upon passage in accordance with Section
4.04(x) of the Revised Charter.
Passed this ~~ day of ~~p~rj ~!~ , 2009.
r
Mayor -Presiding Officer
ATTEST:
v
Clerk of Council
CITY OF DUBLIN,.
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017-1090
Phone: 614-410-4400 • Fax: 614-410-4490
To: Members of Dublin City Council
From: Terry Foegler, City Manager ~~
Date: October 1, 2009
Initiated By: Michael Epperson, Deputy City Manager/Chief of Police
Memo
Re: Resolution 51-09 -Proposal to Join a Regional Council of Governments
Summary
Attached for your consideration is Resolution 51-09 authorizing the City Manager to enter into an agreement
with the City of Worthington, Ohio and Delaware County, Ohio for the purpose of establishing a regional
council of governments to provide oversight and management of a shared public safety radio system.
In 2008, the Delaware County Emergency Management Agency, with the assistance of the City of
Worthington and the City of Dublin, applied for and received a $1.9 million grant through the Public Safety
Interoperable Communications (PSIC) grant program to design and construct a new public safety radio
system. The grant award was based on a design submission that met all five of the grant criteria: the system
had to meet the P25 digital radio standard, which has been identified as the industry standard for public
safety radio systems; the system had to serve multiple public safety disciplines; the system had to be regional
in design (multi-county); the system needed to have regional governance; and the system had to meet
interoperability standards set by the State Communications Interoperability Plan.
Dublin City Council, through the capital improvement budgeting process, agreed to budget the total amount
of the project and accept reimbursement from the PSIC grant. The total cost of the project is $2.7 million
with the City receiving a reimbursement of approximately $1.5 million. In December of 2008, the City of
Dublin signed a contract with Motorola for the purchase and construction of the system. Construction of the
system and its components began in April of 2009. As of this date, a new 247-foot communication tower has
been built at Huntley Bowl Park in Worthington; fiber optic connections have been made at the Dublin
Justice Center, the Hard Road tower site and the Delaware County site; equipment is being installed at all
sites; and subscriber radios have been purchased and programmed. It is expected that the system will be
operational by December 1, 2009.
As part of the project implementation, each entity will provide assets and/or capital as their contribution for
participation.
Delaware County will provide access and use of its Motorola central zone controller, which
will link the existing Delaware County radio system with the new Dublin-Worthington sub
system. This contribution saves the consortium the approximately $1.2 million cost to
purchase a separate controller. In addition, Delaware County will be contributing
approximately $25,000 in fiber optic connectivity to link the systems together. This will save
the consortium approximately $3,200 per month in connectivity fees.
The City of Worthington is contributing its three 800MHz frequencies, land at the Huntley
Bowl park for the construction of a new radio tower, and $40,000 for engineering and
environmental studies.
Memo re. ResoluCion 51-09 ~- Council of Governments Agreement
October I, 2009
Page 2 of 3
• The City of Dublin is cont~ibuCing the remaining cost of the project Chat is not covered by the
grant. The total cost of the project is 52.7 million, with the City receiving a reimbursement of
approximately 51.5 million from the grant for a total contribution of 51.2 million. hr addition,
Dublin is contributing four 800MHz fiequencies. Dublin will not be Cumiug over its existing
tower sites at Avery Road and Hard Road. However, the COG will have access rights to use
these sites for the system.
Por the past year, representatives fiom Dublin, Worthington and Delaware County have been meeting
regularly and have formed the Delaware-Dublin-Worthington 800MHz Radio Consortium (DDW800). The
advisory committee for this consortium includes Deputy City Manager/Chief of Police Miko Epperson,
Worthington City Manager Matt Greeson and llelawarc Cowrty Administrator Dave Cannon. "the advisory
couvnittee engaged Greg Dwm of Schoticnstein, "Lox and Dunn to serve as legal council for the project. In
addition to being charged with oversight of the overall project, the advisory c<mvnittee was specifically
tasked with researching, identifying and implementing a regional form of governance to oversee system
operations. Under the advice and direction of Mr. Dunn, the advisory committee examined several
mechanisms within the Ohio Revised Code Chat provide for regional governance. That examination led Mr.
Dunn to recommend the formation of a Council of Govermnents as allowed under ORC §167.01. After
several months of discussion among the advisory couunittee members, a final draft of the COG agreement
has been created and is submitted for your approval These are the Ivey highlights of the agreement:
There will be three member organizations of the COG: City of Dublin, City of Worthington
and Delaware County. Lach entity will have one represeutaCive on the governing board, each
with one vote. )/ach member will represent Chose entities for which they have existing service
contracts. Worthington will represent Sharon and Perry Townships. Dublin will represent
Washington Township.
Any new members to the COG will require unanimous agreement of the governing board.
• Any member may withdraw from the COG with aone-year notice.
• All budgeting and cost-sharing proposals must be approved by unanimous agreement of the
governing board.
• Assets owned by the COG arc defined in two ways. Tier 1 assets are physically owned by the
COG and remain with Che cariributing agency upon withdrawal or removal of the
contributing member. Tier 2 assets are physically owned by the COG and remain with the
GOG upon withdrawal or removal of the contributing member. A listing of the 'T'ier 1 and
Tier 2 assets is attached to this memo.
The COG will appoint a fiscal officer to manage budgets, expend funds, and collect revenues.
• "the COG will be able to negotiate lease agreements with wireless providers for co-location at
the ITuntley Road tower site to serve as a revenue stream for the COG.
By entering into this Council of Governments agreement, the entities will share management of system assets
and collectively address future maintenance costs and system upgrades. In addition, this regional governance
structure will greatly aid our ability to qualify for federal grants to fiord upgrades and expansions. The goal is
to eliminate redundant costs for the participants while providing a reliable, interoperable eonnnmlications
network.
On September 17, 2009, the Delaware County Commissioners approved the COG agreement and appointed
County Administator Dave Carrion to serve as their representative. On September 21, 2009, Worthington
City Council approved the COG agreement and appointed City Manager Matt Greeson Co serve as their
representative.
Memo re. Resolutio^ 51-09 -Council of Governments Agreement
October 1, 2009
Page 3 of 3
Ureg ~Ltr111, Chief lpperson and Jay Somerville will be present at the October 5, 2009 Council meeting to
provide information and answer any questions you may have about this agreement.
RecommendaYim~
Staff recommends approval of Resolution 51-09 and requests that Council formally appoint Deputy City
Manager/Chief of police Mike )pperson to serve as the Dublin representative on the COG governing board.
AGREEMENT TO ESTABLISH A
REGIONAL COUNCIL OF GOVERNMENT
This Agreement To Establish A Regional Council Of Government (this
"Agreement") is entered into by and between the City of Dublin, an Ohio municipal
corporation ("Dublin"), the City of Worthington, an Ohio municipal corporation
("Worthington"), and Delaware County, a county validly existing under the laws of the
State of Ohio ("Delaware") (Dublin, Worthington and Delaware individually referred to
herein as a "Party" or collectively as the "Parties".)
Recitals
WHEREAS, the Parties each arrange for the provision of police and fire services
to the residents of their respective political subdivisions;
WHEREAS, each Party utilizes its own technology and resources in dispatching
police and fire personnel to serve their respective residents;
WHEREAS, the Parties have determined that combining these resources and
collaborating to create an improved system with enhanced technology, redundancy,
spectrum efficiency, and interoperability will better serve the residents of each Party's
political subdivision (the "System");
WHEREAS, Delaware has secured a certain EMA grant to assist in the funding of
necessary equipment for the System; and
WHEREAS, the Parties desire to enter into this Agreement to create a regional
council of government in order to most effectively and efficiently manage the System.
NOW, THEREFORE, the Parties hereby agree as follows:
Provisions
1. Creation of a Regional Council of Government In order to most effectively
and efficiently manage the System, the Parties hereby agree to create a regional
council of government (the "COG") in accordance with federal and state law, and
pursuant to Ohio Revised Code § 167.01.
2. Powers of the COG. The COG shall have the authority to perform all functions
necessary to establish, improve, maintain, unwind and dispose of the System.
Specifically, and notwithstanding the preceding sentence, the COG shall have the
authority to:
a. Enter into contractual arrangements for services as deemed necessary and
appropriate for the betterment of the System;
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b. Enter into contractual arrangements with other political subdivisions for
the provision of services;
c. Employ staff to assist in the operations of the COG;
d. Purchase or lease or otherwise provide for supplies, materials, equipment
and facilities deemed necessary and appropriate for the betterment of the
System;
e. Accept and raise monies for the operation of the COG and for the
betterment of the System; and
f. All other powers and authorities available to the COG as set forth in
Chapter 167 of the Ohio Revised Code.
3. Governing Board of the COG. The business of the COG shall be managed by a
governing board consisting of one (1) representative from each Party and any
subsequently added political subdivisions (the "Governing Board"). The
representative from each Party shall be the highest ranking employee of that Party
(e.g. City Manager, County Administrator) or a designee of that employee. The
representative from the original members of the COG (Dublin, Worthington,
Delaware) shall be the City Manager, County Administrator, or a designee of that
employee. All representatives of the Governing Board shall have been appointed
through formal action taken by a political subdivision.
4. Addition of Member Communities. Additional political subdivisions may apply
for membership in the COG. The addition of political subdivisions and the terms
and conditions of the additional political subdivision's entry into the COG shall
require the unanimous consent of the representatives of the Governing Board.
5. Providing Dispatch Services to Political Subdivisions. Those political
subdivisions that the COG provides dispatch or any other services to shall not be
members of the COG and shall not have a representative on the Governing Board
of the COG unless added as a member to the COG pursuant to the requirements of
this Agreement.
6. Withdrawal From the COG. Any member of the COG may withdraw its
membership in the COG by formal action of that political subdivision, and upon
providing three hundred sixty-five (365) days advance written notice to the
Governing Board. The withdrawing member shall be responsible for its share of
financial obligations of the COG incurred up to the official date of withdrawal,
and shall not have any voting rights during the three hundred sixty-five day notice
period.
7. Dissolution of the COG. The COG may be dissolved by formal action taken by
the legislative authorities of the three original members (Dublin, Worthington,
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Delaware) of the COG. If one or more of these parties are no longer members of
the COG, then the COG may be dissolved by formal action taken by the
legislative authorities of each of the then current members of the COG. Any
dissolution shall be subject to the licensing requirements of the Federal
Communications Commission. Upon dissolution, any monies remaining in an
account utilized for the operation of the COG shall first be employed to unwind
and meet any debt or other obligation necessary for the dissolution of the COG.
The remaining balance shall be distributed equally between the then remaining
members of the COG.
8. Adoption of the Code of Regulations. The Parties hereby adopt the attached
code of regulations of the COG ("Code of Regulations"), in its entirety, as the
binding regulations of the COG and the Governing Board. The Code of
Regulations may be amended by a majority vote of the Governing Board,
provided that such amendments shall not conflict with the terms of this
Agreement.
9. Finances of the COG.
a. Budget and Cost-Sharing Approval. Approval of the budget of the
COG, and any associated cost-sharing proposals, shall require unanimous
consent by the representatives of the Governing Board.
b. Fiscal Year. The COG shall conduct its operations based upon a calendar
fiscal year (January lsrto December 31st)
c. Acceptance of Funding. The COG may accept funding from member
political subdivisions, state and federal grant sources, and any other
source. A majority of a quorum of the Governing Board shall be required
to accept any such funding.
d. Spending and Purchasing Within the Budget. Expenditures to be made
by the COG that are within the agreed upon budget shall require majority
consent by a quorum of the Governing Board.
e. Spending and Purchasing Outside of the Budget. Expenditures to be
made by the COG that are outside of the agreed upon budget shall require
unanimous consent by the representatives of the Governing Board.
f. Physical Assets of the COG. Those physical assets that each COG
member provides to the COG, for use by the COG, shall be classified as
either a Type 1 physical asset or a Type 2 physical asset. Type 1 physical
assets shall remain with the COG member that initially provided the asset
to the COG upon the withdrawal or removal of that member from the
COG, or upon the dissolution of the COG. Type 2 physical assets shall be
considered the physical assets of the COG, and upon the withdrawal or
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removal of the member initially providing the Type 2 asset to the COG,
the Type 2 physical asset shall remain an asset of the COG. Upon
dissolution of the COG, a Type 2 physical asset shall revert back to the
member that initially provided the asset. The Governing Board shall
maintain a schedule of those assets that are Type 1 assets, and those that
are Type 2 physical assets. It is the responsibility of that member initially
providing an asset for use by the COG to determine whether that asset is a
Type 1 or Type 2 physical asset, and to ensure that this asset is listed on
the appropriate schedule.
10. Responsibilities and Technical Requirements for System Operations. The
Governing Body shall, by unanimous consent, adopt a policy manual setting forth
the responsibilities and technical requirements that each member of the COG
must adhere to in the interest of effective and efficient management of the
System.
11. Indemnification.
a. In General. Any person who was or is a party or is threatened to be made
a party to any threatened, pending or completed claim, suit or proceeding,
whether civil, criminal, administrative or investigative, other than a suit by
or in the right of the COG, by reason of the fact that the person is or was a
representative of the Governing Board, officer, employee or agent of
COG, or is or was serving at the request of the COG as a director, trustee,
officer, employee or agent of another corporation, partnership, joint
venture, trust or other enterprise, be indemnified by the COG for expenses,
including reasonable attorney fees, judgments, fines and amounts paid in
settlement actually and reasonably incurred in connection with such
action, suit or proceeding if done in good faith and in a manner reasonably
believed to be in the best interests of the COG and, with respect to any
criminal action or proceeding, had no reasonable cause to believe conduct
was unlawful Termination of any action, suit or proceeding by judgment,
order, settlement, conviction or upon a plea of nolo contendere or its
equivalent, shall not create a presumption that the person did not act in
good faith and in a manner which was reasonably believed to be in the
best interests of the COG and, with respect to any criminal action or
proceeding, had reasonable cause to believe that the conduct was
unlawful.
b. Indemnification Against Expenses. Any person who was or is a party or
is threatened to be made a party to any threatened, pending or completed
claim, suit or proceeding by or in the right of the COG to procure a
judgment in its favor by reason of the fact that the person is or was a
representative of the Governing Board, officer, employee or agent of the
COG, or is or was serving at the request of COG as a director, trustee,
officer, employee or agent of another corporation, partnership, joint
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venture, trust or other enterprise, shall be indemnified by the COG against
expenses, including reasonable attorney fees, actually and reasonably
incurred by him in connection with the defense or settlement of such
action or suit if done in good faith and in a manner reasonably believed to
be in the best interests of the COG. However, no indemnification shall be
made in respect of any claim, issue or matter as to which such person shall
have been adjudged to be liable for negligence or misconduct in the
performance of duty to the COG unless, and only to the extent that, the
court in which such action or suit was brought shall determine upon
application that, despite the adjudication of liability but in view of all the
circumstances of the case, such person is fairly and reasonably entitled to
indemnity for such expenses as such court shall deem proper.
c. Procedure. Any indemnification under this Section (unless otherwise
ordered by a court of competent jurisdiction) shall be made by the COG
only as authorized in the specific case upon a determination that the
indemnification of the officer, employee or agent is proper in the
circumstances because the applicable standard of conduct set forth in this
Section. has been met. Such determination shall be made (a) by the
Governing Board by a majority vote of a quorum consisting of
representatives who were not parties to or threatened with such action, suit
or proceeding; or (b) if such a quorum is not obtainable or even if
obtainable, a quorum of disinterested members so directs, by independent
legal counsel in a written opinion. Notwithstanding the provisions of this
Section, to the extent that a representative of the Governing Board, officer,
employee or agent of the COG has been successful on the merits or
otherwise, in defense of any action, suit or proceeding referred to in such
sections, or in defense of any claim, issue or matter, in any event the
person be indemnified against expenses (including reasonable attorney
fees) actually and reasonably incurred in that connection. Reasonable
attorney fees shall not be paid by the COG if the person has obtained
counsel apart from counsel designated by the Governing Board.
d. Prior Payment. Expenses incurred in defending a civil or criminal action
may be paid by the COG before final disposition of such action. Such
expenses may be authorized by the Governing Board in a specific case
only upon receipt by the COG of a request on behalf of the Governing
Board representative, officer, employee or agent to repay such amount
unless it shall finally be determined that the person is entitled to be
indemnified in such amount by the COG.
e. Non-Exclusive. The indemnification provided by this Section shall not be
deemed exclusive of any other rights to which those seeking
indemnification may be entitled by any law of the State of Ohio,
agreement or other means, both as to action taken in an official capacity
and as to action in another capacity while holding such office and shall
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continue as to a person who has ceased to be a Governing Board
representative, officer, employee or agent and such rights shall inure to the
benefit of such person's heirs, executors and administrators.
12. Miscellaneous. The Parties agree to the following miscellaneous provisions:
a. The terms of this Agreement (including any exhibits, schedules and
attachments hereto) constitute the entire agreement between the parties
with respect to the matters set forth herein, and any amendment to this
Agreement must be set forth in writing and agreed to by the Parties and
any subsequently added member community.
b. This Agreement and any amendment hereof may be executed and
delivered in counterparts, including by a facsimile transmission thereof,
each of which shall be deemed an original.
c. This Agreement shall be governed by the laws of the State of Ohio.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereby enter into this Agreement as ofthe
latter of the dates set forth in the signature blocks below.
City of Dublin
By:
Its:
Date:
Delaware County
By:
Its:
Date:
City of Worthington
By:
Its:
Date:
{xuiwase} 7
Delaware/Dublin/Worthington 800MHz System Advisory Committee
08/12/09
Type 1 Assets
Type 1 physical assets shall remain with the COG member that initially provided the asset to the
COG upon the withdrawal or removal of that member from the COG, or upon the dissolution of
the COG.
• Delaware County
o Zone controller
o Non-COG owned fiber connectivity
o Console Embassy Switch
o System Key
• Dublin
o Avery Road Tower Access
o Hard Road Tower Access
o DubLink fiber optics
Worthington
o Huntley Road Tower-Ground rights/access
Type 2 Assets
Type 2 physical assets shall be considered the physical assets of the COG, and upon the
withdrawal or removal of the member initially providing the Type 2 asset to the COG, the Type 2
physical asset shall remain an asset of the COG.
o Seven system frequencies
o Repeaters, transmitters, combiners and other radio equipment installed at the Avery
Road, Hard Road and Huntley Road tower sites.
o COG installed fiber optics and laterals
o Dispatch consoles at Dublin (5) and Worthington (3)
o Huntley Road Tower, generator and shelter
o Console Central Electronics Banks
o Network management clients at Dublin
o MOSCAD installation at tower sites