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36-07 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank. InL Dorm No 30043 36 -07 (Amended) Ordinance No. Passed 20 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE FRANKLIN COUNTY COMMISSIONERS REGARDING THE ADMINISTRATION OF THE WIRELESS 9 -1 -1 SUB -GRANT AWARD WHEREAS, the Franklin County Board of Commissioners is responsible for the administration of the Wireless 9 -1 -1 Government Assistance funds from the Public Utilities Commission of Ohio; and WHEREAS, the City is the recipient of a sub -grant award from the Franklin County 9 -1 -1 Wireless Fund; and WHEREAS, this sub -grant award will enable the City of Dublin to improve the 9 -1 -1 services to the citizens, improving the delivery of safety services; and WHEREAS, this agreement will provide a mechanism whereby Franklin County can reimburse the City of Dublin for costs associated with providing wireless services from the state wireless reimbursement fund; and WHEREAS, the County and the City desire to enter into an Agreement to provide for the administration of those sub -grant awards in order to expeditiously acquire and pay for the services and equipment sought to be obtained pursuant to the sub -grant award; and ! WHEREAS, Revised Code §307.15 provides the requisite authority for the parties to enter into this Agreement and perform their respective obligations. NOW, THEREF RE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, 6 of the elected members concurring, that: Section 1 . The City Manager is hereby authorized to enter into an Agreement with the Franklin County Commissioners, attached hereto as Exhibit "A" for the administration of the Wireless 9 -1 -1 Sub -Grant award. Section 2 . This Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed this / Adi day of , 2007. Mayor — Presiding Officer ATTEST: Clerk of Council CrrY OF DUBLIN. Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1006 Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490 TO: Members of Dublin City Council FROM: Jane S. Brautigam, City Manager DATE: May 31, 2007 Memo INITIATED BY: Mike Epperson, Deputy City Manager /Chief of Police Jay Somerville, Police Bureau Director RE: Ordinance 36 -07, Intergovernmental Agreement for Wireless 9 -1 -1 Reimbursement Summary Attached for your consideration is Ordinance 36 -07, authorizing the City Manager to enter into an intergovernmental agreement with the Franklin County Commissioners for the purpose of receiving reimbursement for costs associated with the taking of 9 -1 -1 calls from wireless phones. In 2006, House Bill 361 established a $.32 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 from wireless phones. As directed by the bill, the Wireless 9 -1 -1 Government Assistance Fund is administrated by the county commissioners, with funds being disbursed to local agencies via intergovernmental agreements. Attached you will find a copy of the proposed intergovernmental agreement between the City of Dublin and the Franklin County Commissioners. This agreement includes a breakdown of the costs to be reimbursed to the City of Dublin (Exhibit "A "). The costs listed in Exhibit "A" represent a reimbursement request for costs already incurred by the City to purchase software, purchase equipment and provide staff training necessary to become a primary public safety answering point for 9 -1 -1 calls placed from wireless phones. Currently, all calls placed to 9 -1 -1 from a wireless phone are routed to the Columbus Police Radio Room or the Franklin County Sheriff's Communications Center. Once this agreement is executed, 9 -1 -1 calls placed from wireless phones that are in and around the Dublin area will be routed directly to the Dublin Police Communications Center without transfer. Future costs incurred by the City that are a direct result of providing wireless 9 -1 -1 answering are also recoverable under this agreement through December 31, 2007. It is expected that the City and Franklin County will enter into a new agreement later this year to cover the period from January 1 through December 31, 2008. Expenses incurred beyond 2008 will not be recoverable, as a sunset provision in House Bill 361 will end the collection of the monthly user fee. Recommendation Recommend passage of Ordinance 36 -07. INTERGOVERNMENTAL AGREEMENT 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, Ohio (hereinafter referred to as the "City "). WHEREAS, the County is responsible for the administration of the Wireless 9 -1 -1 Government Assistance funds from the Public Utilities Commission of Ohio; and WHEREAS, the City is the recipient of a sub -grant award from the Franklin County 9 -1 -1 Wireless Fund; and WHEREAS, the County and the City desire to enter into this Agreement to provide for the administration of those sub -grant awards in order to expeditiously acquire and pay for the services and equipment sought to be obtained pursuant to the sub -grant award; 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. of the Franklin County Board of Commissioners and Ordinance No. passed day of , 2007, by the City of Dublin, Ohio NOW THEREFORE, in consideration of the premises and the mutual promises covenants and conditions contained herein, the parties hereto agree to the following: 1. Final approval for the City's requested Franklin County 9 -1 -1 Wireless Fund sub - grant has been received from the Franklin County 9 -1 -1 Coordinator The project description (the "Project ") and dollar amounts are attached hereto as Exhibit A and incorporated herein by this reference. The Franklin County 9 -1 -1 Coordinator shall be responsible for monitoring the City's compliance with this agreement. 2. The City will procure the equipment and /or services specified in the Project award in a timely manner. The City covenants and agrees that it will utilize any and all selection processes as required by state law. 3. The County shall process payment directly to City. 4. The parties agree that the City shall be the sole owner of any and all equipment purchased pursuant to this Agreement. 5. This agreement shall commence July 1 st, 2007 and shall terminate on December 31, 2007, unless extended by mutual written consent of the parties. 6. The City hereby agrees to provide the services and achieve the objectives described in the attached application Exhibit A. 7. Payments made by the County to the City shall be made according to the general accounting policies established by the Franklin County Auditor. 8. The City shall allow access to any books, documents, papers, and records that are pertinent to the Subgrant received, for the purposes of audit, evaluation, or examination, to the following entities: 1. Franklin County 9 -1 -1 Coordinator 2. Franklin County Administrator 3. Franklin County Auditor 4. Ohio Auditor of State 5. Public Utility Commission of Ohio 6. Any other entity authorized by law Records must be retained for a period of three (3) years following the final program termination date in accordance with Chapter 12 (Retention and Access Requirement for Records) of the Standard Federal Conditions of a Subgrant Award. If any action involving the records has been started before the expiration of the three year period, the records must be retained until completion of the action or until the end of the three year period, whichever is later. Implementing Agency must also receive prior written approval of the Franklin County Records Commission prior to the disposal of any Sub -grant records, documents, or files. 9. Either party may cancel completely the obligations delineated in this agreement by giving the other party thirty (30) days written notice. 10. Upon breach of this agreement, the aggrieved party may terminate this agreement by giving thirty (30) days written notice to the breaching party. 11. Absent breach, cancellation, modification, or termination by either party, this agreement shall be absolutely terminated on December 31, 2007, unless the Sub -grant period is changed and approved by a Sub -grant Adjustment Notice. Any request for a contract extension must be made in writing by the City to the Franklin County 911 Coordinator at least sixty (60) days prior to the termination date. 12. 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. 13. 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. 14. In the event that an authorized governmental agency or its agent having responsibility for conducting an audit of the Sub -grant disallows certain costs and requires that a refund be issued, the City shall be responsible for providing the refund amount in full. 15. Where possible, all publicity releases, informational brochures, printed programs, publications and public reports pertaining to the sub -grant must acknowledge support in substantially the following form: Financial support for this project (equipment) was obtained from the Wireless 9 -1 -1 Government Assistance Fund maintained by the Public Utilities Commission of Ohio. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands to this agreement this day of 1 2007. Mary Jo Kilroy, President Jane S. Brautigam, City Manager City of Dublin, Ohio Paula Brooks, Commissioner Marilyn Brown, Commissioner Approved as to Form: By: Asst. Prosecuting Attorney Exhibit B Addition of fifth PSAP answering position Plant Vesta Phone Position — Equipment: $21,304.81 Plant Vesta Phone Position — Installation: $16,456.00 Watson Console Furniture — Equipment & Installation: $11,225.00 Addition of two PSAP trunk lines (2) Trunk Interface Cards — Equipment & Installation: $4,543.53 Mapping Software Installation Initial Purchase — GTG Mapping: $11,750.00 Recurring Costs GTG Mapping — Annual Maintenance: $5,139.00 2007 Wireless Call Training *: $2,729.70 Total Reimbursement Request: $73,148.04 * In 2007, we have scheduled two in- service training sessions relating to wireless for each employee. These sessions last 3 hours each and require paying overtime for each employee. 2 sessions X 15 employees X 3 hours X $30.33/hr = $2,729.70