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
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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
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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.
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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.