Ordinance 02-10RECORD OF ORDINANCES
Dayton Legal Blank Inc.
Ordinance No.
02 -10
Passed . 26
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT FOR HEALTH SERVICES WITH
THE FRANKLIN COUNTY BOARD OF HEALTH FOR 2010,
AND DECLARING AN EMERGENCY.
WHEREAS, Chapter 3709 of the Ohio Revised Code states that a city constitutes
health district and must provide health services for residents within that district; and
WHEREAS, the City contracts with the Franklin County Board of Health to provide
health services as required by the Ohio Revised Codes; and
WHEREAS, the previous contract authorized under Ordinance 77 -08 between the
Franklin County Board of Health and the City of Dublin expired on December 31, 2009.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City ofDublin, State
of Ohio, -!�— of the elected members concurring that:
Section 1. The City of Dublin desires to enter into a contract, attached hereto as an
Exhibit, with the Franklin County Board of Health to provide health services to the
residents of the City of Dublin.
Section 2. The City Manager and Finance Director be, and hereby are, authorized and
directed to execute said contract with the Franklin County Board of Health.
Section 3. This Ordinance is declared an emergency measure necessary for the immediate
preservation of the public peace, health, safety, and welfare of the City, and therefore shall
be effective upon passage.
Passed this day of 1 2010.
Mayor - Presi in Officer
ATTEST:
0 l — 0-
Clerk of Council
Office of the City Manager
5200 Emerald Parkway
Dublin, Ohio 43017 -1090
CITY OF DUBLIN Phone: 614- 410 -4401 * Fax: 614 - 410 -4900 Memo
TO: Members of the Dublin City Council
FROM: Terry Foegler, City Manager T�
INITIATED BY: Marsha Grigsby, Deputy City Ma ad ger/Director of Finance
DATE: January 7, 2010
RE: Ordinance No. 02 -10 —Franklin County Board of Health 2010 Contract
Summary
Ordinance No. 02 -10 authorizes the City Manager to enter into a contract with the Franklin
County Board of Health (FCBH) for the provision of public health services and plumbing
inspection services for 2010. FCBH serves as the public health agency for the City, including
the portions of the City in Delaware and Union Counties.
The FCBH establishes a per capita rate for the public health services it provides to participating
jurisdictions. Based on the Mid -Ohio Regional Planning Commission's estimated population
for Dublin of 38,909 and the FCBH's 2010 per capita rate of $5.73, the City's cost for the 2010
contract is $222,948.57. This cost is the same as for 2009. The fees for plumbing inspection
services are based on inspections performed at a rate of $75 per inspection.
In addition to the services noted above, the 2010 contract includes the mosquito management
services program as discussed during the 2010 budget workshops. These services were
previously provided for in a separate contract. The cost of this service is based on a fee of
$0.29 per capita cost, for a total of $11,283.61.
Recommendation
Staff recommends that Council dispense with the public hearing and approve Ordinance No.
02 -10 as emergency legislation at the January 11, 2010 Council meeting.
Health Commissioner
Susan A. Tilgner,
MS, RD, LD, RS
Board Members
Jack R.Bope
Jerry L. Lupfer
Dana L. McDaniel
Annemarie Sommer, M.D.
Joseph P. Weaver
Web Site Address
www.fra nklincountyoh io.
gov /health
(614) 462 -3160 Phone
(614) 462 -6672
Administrative Division Fox
(614) 462 -3851
Environmental Division Fax
(614) 462 -6673
Nursing Division Fox
Serving the
communities of:
Bexley • Blendon Township
• Brice • Brown Township
• Canal Winchester
Clinton Township • Dublin
• Franklin Township
Gahanno • Grandview
Grove City • Groveport
• Hamilton Township
Harrisburg • Hilliard
Jackson Township • Jefferson
Township • Lockbourne
Madison Township • Marble
Cliff • Mifflin Township
Minerva Park • New Albany
• Norwich Township
Obetz • Perry Township
Plain Township • Pleasant
Township • Prairie Township
• Reynoldsburg • Riverlea
• Sharon Township • Truro
Township • Upper Arlington
• Urbancrest • Volleyview
• Washington Township
Westerville • Whitehall
December 7, 2009
Terry Foegler, City Manager
City of Dublin
5200 Emerald Parkway
Dublin, OH 43017
Dear Mr. Foegler:
RECEIVED
THIS DATE
DEC 0 g 09
CITY MANAGER'S
OFFICE
To assist in the processing of your operating budget and expenditure projections, we would
like to provide notice to you about the health services charges for the 2010 contract year.
Based on our operating cost budget submitted to the Franklin County Board of Health on
September 9, 2009, the per capita rate will be $5.73 and the annual cost of your 2010
contract will be $222,948.57 (same as in 2009). Your total cost is determined by multiplying
your respective city's population figures received from the Mid -Ohio Regional Planning
Commission (MORPC) by the per capita rate. This population figure for your city is 38,909.
In addition, we have incorporated the Integrated Mosquito Management Services Program
into this year's contract at a rate of $0.29 per capita, a $0.10 increase from 2009. The total
cost for the mosquito portion of the contract is $11,283.61.
Enclosed are three original contracts for your signature. Please sign and return all three
contracts to the attention of Deidra Wolf. Once all other signatures are obtained, a fully
executed contract will be returned to you.
If you need further assistance or have questions about your 2010 contract, please contact me
at (614) 462 -5766 or our Fiscal Officer, John Wolf, at (614) 462 -3938. As always, we are
willing to attend any city council, committee or administration meeting to answer questions.
Just let us know.
Sincerely,
Susan A. Tilgner, MS, RD, LD, RS
Health Commissioner
Cc: John Wolf, Fiscal Officer
File
1*1410 F A a 11M41111119111 IWRNY01
2010 HEALTH SERVICES CONTRACT
Between the:
The District Advisory Council
of the Franklin County General Health District
280 East Broad Street
Columbus, Oh 43215
and
The City of Dublin, Ohio
5200 Emerald Parkway
Dublin, Ohio 43017
Contact us at: (614) 462 -3160 / Fax (614) 462 -6672
www.franklincountyohio.gov/health
EXHIBIT
1
CONTRACT
BETWEEN THE CITY OF DUBLIN, OHIO AND THE DISTRICT ADVISORY
COUNCIL OF THE FRANKLIN COUNTY GENERAL HEALTH DISTRICT.
This contract is made and entered into by and between the City of Dublin, Ohio, a
municipal corporation constituting a city health district, and the District Advisory
Council of the Franklin County General Health District pursuant to Ohio Revised Code
section 3709.08.
WITNESSETH
SECTION 1. The District Advisory Council of the Franklin County General Health
District shall, for the consideration hereinafter stated, furnish to the City of Dublin, Ohio,
and inhabitants thereof, all such public health services as are furnished by said Council to
all villages and townships and the inhabitants thereof, of Franklin County, Ohio. Said
services shall include the following Minimum Public Health Standards for Local Health
Departments, as allowed by law according to the most current Ohio Administrative Code
statutes:
3701 -36 -04
Protect people from disease and injury
3701 -36 -05
Monitor health status
3701 -36 -06
Assure a safe and healthy environment
3701 -36 -07
Promote healthy lifestyles
3701 -36 -08
Address the need for personal health services
3701 -36 -09
Administer the health district
Also, the Franklin County General Health District shall provide other services, including
the enforcement of the following Franklin County Board of Health Regulations:
(703) Plumbing
(709) Rabies Control Regulation
(710) Housing Maintenance and Occupancy
(712) Rat Control
(715) Dead Animals
(716) Weeds
(717) Manure
(718) Nuisance
(719) Approval of Building Plans
(720) Household Sewage Treatment Systems
(800) Comprehensive Solid Waste Regulations
(803) Waste Haulers
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The City of Dublin, Ohio, shall adopt, according to law, the current version of the above -
described regulations of the Franklin County Board of Health.
Such services shall be rendered, if appropriate and necessary, when requested by the
citizens of Dublin, Ohio, officials of city government, school authorities or medical
personnel practicing in or around the City of Dublin, Ohio or when required by state
statute.
The Law Director of Dublin, Ohio shall be responsible for any litigation involving
enforcement of Health Regulations within the corporate limits of said political
subdivision.
This Agreement and any claims arising in any way out of this Agreement shall be
governed by the laws of the State of Ohio. Any litigation arising out of or relating in any
way to this Agreement or the performance hereunder shall be brought only in an Ohio
court of competent jurisdiction in Franklin County, Ohio, and the City of Dublin hereby
irrevocably consents to such jurisdiction.
SECTION 2. Said public health services shall be furnished beginning January 1, 2010
and ending December 31, 2010 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. The Health Department shall render a report quarterly to the Mayor /City
Manager on all services directly rendered to the citizens of Dublin. Such a report shall
describe the type of service, where and for whom the service was rendered, and the
number of cases, visits or other appropriate work units.
SECTION 4. The City of Dublin, Ohio shall pay to the Franklin County General Health
District for said public health services furnished to the City of Dublin, Ohio 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 $5.73.
SECTION 5. Said sum or sums of money shall be paid by the said City of Dublin, Ohio
to said Franklin County General Health District upon receipt of semi - annual invoices by
the Franklin County Board of Health on the first day of January, and June, 2010. The
sum for 2010 shall not exceed $222,948.57, notwithstanding any fee established pursuant
to the sections set forth below.
3
SECTION 6 . In any instance where the Franklin County General Health District
expends funds to abate a nuisance pursuant to Section 1, above, within the City of
Dublin, Ohio, the Franklin County General Health District may invoice the City of
Dublin, Ohio for the costs of such nuisance abatement. Further, the City of Dublin, Ohio,
shall pay, in addition to those sums set forth in Section 5, above, to the Franklin County
General Health District the cost to abate the nuisance.
The Franklin County General Health District 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 of Dublin, Ohio.
INTEGRATED MOSQUITO MANAGEMENT SERVICES:
SECTION 7. The Franklin General Health District shall for the consideration
hereinafter stated, furnish to the City of Dublin, Ohio, with integrated mosquito
management services. This service exceeds the Minimum Public Health Standards for
Local Health Departments outlined in Ohio Administrative Code 3701 -36 -04 through
3701- 36 -09.
SECTION 8 . Said integrated mosquito management services shall be furnished for a
period beginning March 1, 2010 and remain in full force until December 31, 2010,
provided, however, that either party to this agreement shall have the right to cancel the
same upon four (4) months written notice.
SECTION 9. The Franklin General Health District shall render a report every month to
the mayor and/or other designated representative of the City of Dublin on all services
directly rendered to the citizens of Dublin. Such report shall describe mosquito trap
numbers, West Nile virus positive mosquitoes, location and treatment of mosquito
breeding sites (including catch basins), complaint investigations, and adulticide treatment
areas.
SECTION 10. The City of Dublin, Ohio shall pay to the Franklin County General
Health District for said integrated mosquito management services furnished to the City of
Dublin, Ohio 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 $0.29, not to exceed $11,283,61.
PLUMBING INSPECTION SERVICES:
SECTION 11. The Franklin County General Health District will provide a back -up
Certified Plumbing Inspector to the City of Dublin as mutually agreed upon on an as-
needed basis. The Franklin County General Health District will abide by the Rules and
Regulations of the City of Dublin now in effect and such Rules and Regulations as may
be amended or adopted during the term of this contract. The Franklin County General
Health District agrees to abide by all applicable provisions of the Ohio Revised Code
4
now in effect and such provisions as may be amended or enacted during the term of this
contract.
SECTION 12. The Franklin County General Health District shall faithfully and to the
best of its ability discharge the duties of Back -up Plumbing Inspector in a professional
manner to the satisfaction of the Building Official for the City of Dublin.
SECTION 13. As compensation for such service, the City of Dublin shall pay the
Franklin County General Health District a rate of $75.00 per inspection.
SECTION 14. Said sum or sums of money shall be paid by the City of Dublin, Ohio to
the Franklin County General Health District monthly and shall be paid within thirty (30)
days after receiving a statement from the Franklin County General Health District.
SECTION 15. This contract is approved by a majority of the members of the legislative
authority of the City of Dublin, pursuant to the provisions of Ordinance
dated
SECTION 16. The City of Dublin, Ohio has determined that the District Advisory
Council of the Franklin County General Health District is organized and equipped to
adequately provide the service that is the subject of this contract. Pursuant to Ohio
Revised Code section 3709.08, the Franklin County General Health District shall have all
the powers and perform all the duties required of a board of health of the city health
district within the jurisdiction of the City of Dublin.
5
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
FRANKLIN COUNTY BOARD OF HEALTH
Date
Susan A. Tilgner, MS, RD, LD, RS Date
Health Commissioner
Terry Foegler, City Manager Date
Ron O'Brien
Prosecuting Attorney
Franklin County, Ohio
Assistant Prosecuting Attorney Date
Attorney for the District Advisory
Council of the Franklin County General Health District
Law Director Date
City of Dublin, Ohio
APPROVED BY THE OHIO DEPARTMENT OF HEALTH
Director, Ohio Department of Health Date
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
City of Dublin, Ohio
DATE
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