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Resolution 05-12RECORD OF RESOLUTIONS Dayton La,al Blank, Inc.. Fom No. 34065 05 -12 Resolution No. Passed 20 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT REGARDING REGIONAL SHARED FLEET MAINTENANCE SERVICES WHEREAS, an adopted City Council goal is to build upon the City's existing practice of shared services to explore new partnerships and possibilities; and WHEREAS, since early 2011, representatives from the City have been engaged in various regional shared services working groups, exploring any and all possibilities for regional cooperation in an effort to identify areas where shared services may be appropriate; and WHEREAS, the Fleet Management regional working group has shared best practices and other information from around the area and has completed an in -depth survey regarding various Fleet commodities and services to help facilitate more productive discussions and to assist with any cooperative purchasing and /or training needs in the future; and WHEREAS, a Draft Fleet Agreement has been developed by the cities of Columbus, Gahanna, Grandview Heights, Upper Arlington, Dublin, Westerville, Worthington, Hilliard, and New Albany ( "Member Cities', allowing each member community to enter into separate, specific, and mutually agreed upon contracts for Fleet Maintenance Services with any other member community /communities, resulting in efficiencies and /or cost savings; and WHEREAS, Section 9.482 of the Ohio Revised Code permits political subdivisions to enter into agreements with other political subdivisions under which a contracting political subdivision agrees to exercise any power, perform any function or render any service for another contracting recipient subdivision that the contracting recipient political subdivision is otherwise legally authorized to exercise, perform or render, subject to the approval of their respective legislative authorities. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, of its elected members concurring, that: Section 1. The City Manager is hereby authorized to execute the attached Agreement regarding the provision of Regional Shared Fleet Maintenance Services on terms and conditions mutually agreed upon, and as authorized by City Council. Section 2. This Resolution shall be effective upon passage in accordance with Section 4.04(a) of the Revised Charter. Passed this a �3 rd rd day of l 4A 2012. ATTEST: 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: Marsha I. Grigsby, City Manager Date: January 19, 2012 Initiated By: Charlotte Colley, Management Assistant Re: Resolution 05 -12 - Regional Fleet Maintenance Services Agreement Background Memo Resolution 05 -12, the Regional Fleet Maintenance Services Agreement, is an agreement between the cities of Columbus, Gahanna, Grandview Heights, Upper Arlington, Dublin, Westerville, Worthington, Hilliard, and New Albany. This agreement allows each member community to enter into separate, specific, and mutually agreed upon contracts for Fleet Maintenance Services with any other member community(ies). Recommendation Staff recommends approval of Resolution 05 -12 at the January 23, 2012 Council meeting, authorizing the City Manager to enter into a regional fleet maintenance service agreement. AGREEMENT This Agreement ( "Agreement') is entered into by and between the following municipalities of the State of Ohio: City of Columbus, City of Gahanna, City of Grandview Heights, City of Upper Arlington, City of Dublin, City of Westerville, City of Worthington, City of Hilliard and the City of New Albany (hereinafter, the "Parties" and the "Member Cities" and individually, a "Member City "). WHEREAS, the Parties hereunder are in the process of reviewing operations, services and procedures within their respective organizations in an effort to identify areas where shared services may be appropriate; and WHEREAS, the Member Cities, in discussing their respective fleet operations, including maintenance and repairs, have agreed in principle that using the fleet maintenance and repair services ( "Fleet Maintenance Services ") of a Member City may result in efficiencies and /or cost savings; and WHEREAS, Section 9.482 of the Ohio Revised Code, as recently enacted pursuant to H.B. 153 (the state budget bill), permits political subdivision to enter into agreements with other political subdivisions under which a contracting political subdivision agrees to exercise any power, perform any function or render any service for another contracting recipient subdivision that the contracting recipient political subdivision is otherwise legally authorized to exercise, perform or render, subject to the approval of their respective legislative authorities; and WHEREAS, the Parties desire to put forth in writing their mutual understanding of being the consumer of, and providing the use of, Fleet Maintenance Services of a Member City. NOW, THEREFORE, in consideration of the above, the Parties have agreed as follows 1. Each Member City may provide Fleet Maintenance Services to, or receive the Fleet Maintenance Services of, another Member City by entering into one or more "Letters of Agreement' detailing the agreed upon transaction, consistent with the Scope of Services, attached hereto as Exhibit "A" and incorporated herein. 2. Per Section 9.482 of the Ohio Revised Code, employees acting outside the boundaries of their employing Member City, while providing a service under this Agreement, are permitted to participate in any pension or indemnity fund established by their employing Member City to the same extent as while they are acting within the boundaries of their 1 employing Member City, and entitles them to all the rights and benefits of the Workers' Compensation Law to the same extent as while they are performing a service within the boundaries of their employing Member City. 3. Chapter 2744. of the Revised Code, insofar as it applies to the operation of a political subdivision, applies to each Member City that are parties to this Agreement and to their employees when they are rendering a service outside the boundaries of their respective Member City under the Agreement. Employees acting outside the boundaries of their employing Member City while providing a service under this Agreement may participate in any pension or indemnity fund established by that employee's Member City to the same extent as while they are acting within the boundaries of their respective Member City, and are entitled to all the rights and benefits of Chapter 4123 of the Revised Code to the same extent as while they are performing a service within the boundaries of their respective Member City. 4. This Agreement does not suspend the possession by a Member City receiving services hereunder, of any power or function that is exercised or performed on its behalf by another Member City under this Agreement. 5. Each Member City agrees that it will be responsible for its own acts and omissions and the results thereof, and shall not be responsible for the acts and omissions of the other Member Cities and the results thereof. Each Member City agrees that it will assume all risk and liability to itself, its agents, or its employees for any injury to persons or property resulting in any manner from conduct of its own operations and the operations of its agents or employees under this Agreement. 6. The Member Cities are political subdivisions and are entitled to all of the immunities and defenses provided by law. 7. Notwithstanding anything to the contrary, a Member City shall not be liable to another Member City for any special, consequential, incidental, punitive, or indirect damages or attorney fees arising from or relating to this Agreement. 8. No covenant, obligation, or promise of the Member Cities contained in this Agreement shall be deemed to be a covenant, obligation, or promise of any present or future council member, officer, or employee of the Member Cities in other than their official capacity and neither the officer, employee, or council members of the Member Cities approving or executing this Agreement shall be liable personally by reason of the covenants, obligations, or promises contained in this Agreement. 9. For employment relationship purposes, the provider Member City employee providing the Fleet Maintenance Services pursuant to this Agreement shall be considered an 7 employee of the provider Member City and shall not be entitled to any additional compensation or employment benefits from the receiving Member City. 10. The Member Cities agree to maintain records pertaining to this Agreement in compliance with Section 149.43 of the Ohio Revised Code (the "Public Records Law "). The Member Cities understand and acknowledge that this Agreement, and any reports, data, or other information supplied to another Member City due to the work performed pursuant to this Agreement, may be subject to disclosure as a public record in accordance with the laws of the State of Ohio, including the Public Records Law. The Member Cities agree to cooperate with each other so that the Member Cities can comply with any public record request. To the extent required by the laws of the State of Ohio, the Member Cities shall permit any authorized representative of the Auditor of the State of Ohio to audit and inspect any and /or all agreement related records necessary to prepare financial reports or conduct audits. 11. Any party to this Agreement may withdraw at any time, provided, however, that a withdrawing Member City shall provide at least 30 days' written notice of withdrawal to one or more member municipalities with which it has entered into one or more letters of agreement to either receive or provide Fleet Maintenance Services. 12. All Member Cities agree to attempt to resolve any differences or disputes arising from this Agreement or the provision of Fleet Maintenance Services, through a non - adversarial conflict resolution process prior to taking any formal legal action. 13. The effective date of this Agreement shall be the last date signed by a Member City and shall be for an initial 12 -month period, subject to four, one -year renewal periods evidenced by a writing signed by the Member Cities authorizing a renewal. 14. Within the first 30 days of each 12 -month renewal period, other municipalities or political jurisdictions may join this agreement, with support of member cities. 15. This Agreement may be amended in writing signed by an authorized representative of each participating Member City, as authorized by their respective legislative authorities, if required. 16. Each Member City shall provide a Certificate of Funds or Purchase Order, signed by that City's fiscal officer, evidencing the appropriation of funds sufficient to cover the costs of the services to be provided. 17. Fleet Maintenance staffs from each Member City are encouraged to meet jointly each quarter for the exchange of information and refinement of services. 3 18. This Agreement may be executed in multiple counterparts, each of which shall be recognized as an original signature. 19. This Agreement may be executed with signatures delivered by either facsimile or scanned email and copies of such signatures so delivered shall be deemed as originals. IN WITNESS WHEREOF, the Member Cities, each by an authorized agent, have entered into this Agreement on the date last signed by a party below. CITY OF COLUMBUS, OHIO By: Title: Date: CITY OF DUBLIN, OHIO By: Title: Date: CITY OF GAHANNA, OHIO By: Title: Date: CITY OF HILLIARD, OHIO By: Title: Date: CITY OF WORTHINGTON, OHIO By: Title: Date: CITY OF GRANDVIEW HEIGHTS By: Title: Date: CITY OF UPPER ARLINGTON By: Title: Date: CITY OF NEW ALBANY, OHIO By: Title: Date: CITY OF WESTERVILLLE, OHIO C Title: Date: EXHIBIT A: SCOPE OF SERVICES Member Cities that are staffed, able and available to provide Fleet Maintenance Services shall make all charges known, in advance of the work to be provided, to other Member Cities. "Charges" shall include all costs associated with providing the service, including hourly service charges, parts, administrative and /or diagnostic fees, after -hours or overtime fees, towing fees and specialty repair fees (if applicable). Use of after- market parts, in addition to or instead of original equipment manufacturer parts, may be used contingent upon those after - market parts being covered under the same level and standard of warranty as original parts, and which parts perform in the same manner as original parts. The use of a Member City's fleet maintenance services is subject to availability and a determination by that Member City that it has the time, resources and qualified staff to accommodate the fleet maintenance requests of another Member City. After conducting an initial diagnostic inspection of the fleet vehicle, the service provider Member City shall provide an estimate of the charges, along with an estimated date for completion, to the receiving Member City. Upon written acceptance of the estimate by the receiving Member City, the provider Member City shall provide the service and complete the work (by way of one or more documents, this is the "letter of agreement" referenced in the Agreement). Each Member City shall keep accurate records of all services requested and received, including identifying vehicles, dates, estimates, odometer readings, fuel levels, costs and payments of accounts. Service provider Member Cities shall promptly invoice receiving Member Cities for services provided hereunder, and receiving Member Cities shall pay those invoices within 30 days of receipt. Any complaints regarding the level or quality of Services received shall promptly be made known to the provider Member City. Member Cities may enter into exclusive contracts with one another to provide Fleet Maintenance Services on terms and conditions mutually agreed upon, and as authorized by their respective legislative authorities. 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: Marsha I. Grigsby, City Manager r „ 1 1 )11_ Date: December 8, 2011 Initiated By: Charlotte Colley, Management Assistant Re: Follow -up on Progress of 2011 Shared Services Council Goal Background Memo At the mid -year Council goal review session on October 17, 2011 City Council members discussed progress made on the goal of building upon the City's existing practice of shared services to explore new partnerships and possibilities. Council requested that staff provide a copy of the Dublin Shared Services Inventory and a status update on any regional shared services projects currently taking place. In addition, Council asked staff to investigate the possibility of Dublin non- profit groups to purchase goods off of Dublin's current contracts /pricing. Summary Dublin Shared Service Inventory The Dublin Shared Service Inventory is a comprehensive list of all current public /public, public /private, internal and training /development partnerships. Staff worked with each Division to identify current partnerships as well as potential future opportunities. One example of a potential opportunity is contracting with Washington Township Fire Department to conduct testing on all City facility fire alarms. Currently, the City contracts with a private company to conduct annual fire alarm testing and sprinkler testing, semi - annual pullstation and horn strobe testing, and quarterly sprinkler inspections. This contract costs the City of Dublin $10,000 per year. Staff is interested in having discussions with Washington Township to determine if they would be willing and able to perform some or all of this testing and at what cost. Other examples of potential future opportunities include: contracting with a national speaker to facilitate a board and commission training session and extending the opportunity to other jurisdictions; and developing a series of mini - classes for employees who would like to gain a better understanding of the work done and role played by various Divisions. Building Standards held a successful five -week series of classes in early Fall 2011 and will likely do this again in the near future. Please see the attached document for more detailed information. Regional Shared Services Efforts Since early 2011, representatives from the City have been engaged in various regional shared services working groups for services areas such as Fleet Management, Cooperative Purchasing, Economic Development and Information Technology. These working groups are exploring any and all possibilities for regional cooperation. Currently, Economic Development staff members are working with others from the Central Ohio area on a regional Economic Growth Partnership. This group is tasked with exploring new ways to work together to "win as a region" by attracting significant new job growth opportunities. The group provides regular progress briefs to the Mayors and City Managers Regional Working Group for consideration. Memo re. Follow -up on Progress of 2011 Shared Services Council Goal December 8, 2011 Page 2 of 3 The Fleet Management regional working group has recently developed a Fleet Managers Discussion group to share best practices and other information from around the area. One example of the benefits that this group can provide is sharing of various tools, such as the City of Columbus Waste Stream Tracking Tool. This tool helps to track materials used, vendor information, the amount of those materials that are recycled and costs on a quarterly and annual basis. The working group has also completed an in -depth survey regarding various Fleet commodities and services to help facilitate more productive discussions and to assist with any cooperative purchasing and /or training needs in the future. Attached is a Draft Fleet Agreement between the cities of Columbus, Gahanna, Grandview Heights, Upper Arlington, Dublin, Westerville, Worthington, Hilliard, and New Albany. This agreement allows each member community to enter into separate, specific, and mutually agreed upon contracts for Fleet Maintenance Services with any other member community /communities. This is for information purposes only as staff will bring this item back to Council in January 2012 for review and approval. Cooperative purchasing is also an area of great interest to communities in the Central Ohio region. Dublin has been working with Franklin County and the City of Columbus to consider the possibility of purchasing off of their current contracts and including Dublin specifications on future bids. Some contracts that Dublin is currently considering include: the OEM Truck Parts, Supplies and Accessories contract; the Aftermarket Auto Parts contract; and Sign Shop Materials contract from the City of Columbus. Dublin is also considering the following Franklin County contracts: the Fuel contract; the Janitorial Chemical and Cleaning Supplies contract; and the Body Armor contract. Tech Columbus and the Mid -Ohio Regional Planning Commission (MORPC) have formed IT shared service working groups. The two entities are working together to ensure that their focus areas do not overlap. One major project undertaken by the Tech Columbus working group is the utilization of GIS information from various jurisdictions to map available fiber optics throughout the central Ohio region. Currently, the MORK working group is reviewing the potential of cooperatively purchasing IT specific commodities. Nonprofit Purchasina The City of Dublin does not currently allow nonprofit organizations to purchase goods using City contracts. Dublin cannot sell new goods directly to private organizations under its current ordinances. Once Dublin does take possession of any goods, the disposal of these goods is regulated by the Dublin Codified Ordinances Section 37.08. The City's Finance Director is required to declare the items to be surplus goods and then dispose of them by one of the eight methods allowed under the Code. One of those methods includes donation of surplus goods to a nonprofit organization, but not sale. According to the Ohio Revised Code section 125.04 (D) (2), the only nonprofit entities that can legally purchase off of the State contracts are nonprofit emergency medical service organizations. All others are prohibited. In addition, Section 6 of Article VIII of the Constitution of Ohio forbids the lending of a city's credit to or in aid of a private business enterprise. It is likely that using the City of Dublin as a pass- through entity for the sale of goods to a private entity would violate the lending of aid and credit prohibition. Recommendation Information only. Staff will continue to provide updates to Council regarding progress made on opportunities identified in the Inventory and next steps for any current or future regional Memo re. Follow -up on Progress of 2011 Shared Services Council Goal December 8, 2011 Page 3 of 3 partnerships. If you would like additional information please contact Charlotte Colley, Management Assistant, at 410 -4446 or ccolley @dublin.oh.us.