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HomeMy WebLinkAbout142-02 Ordinance RECORD OF ORDINANCES Dayt^^ Legal Blank Co Form No 30043 Ordinance No ................142-02.............................. Passed AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE DELAWARE MUNICIPAL PROSECUTOR IN THE DELAWARE COUNTY MUNICIPAL COURT, AND DECLARING AN EMERGENCY WHEREAS, the services of the Delaware Municipal Prosecutor are required to prosecute Dublin cases in the Delaware Municipal Court; and WHEREAS, the Delaware Municipal Prosecutor has requested that the City of Dublin execute a contract to formalize this arrangement. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, ~ of the elected members concurring: SECTION 1. That the City Manager is hereby authorized to execute the contract attached hereto as Exhibit "A" with the Delaware Municipal Prosecutor to prosecute Dublin cases before the Delaware County Municipal Court. SECTION 2. That this ordinance is declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety or welfare. Therefore, this ordinance shall be effective upon passage. Passed this day of ~vr~~_, 2002 ayor -Presiding Officer ATTEST: C~~Yw~4~ Clerk of Council I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. - k of Council, Dublin, Ohio Division of Court Services 6565 Commerce Parkway Dublin, OH 43017 Phone: 614-410-4920 • Fax: 614-410-4490 CITY OF DUBLIN Memo To: Members of the Dublin City Council From: Jane S. Brautigam, City Managet~~15. Date: December 2, 2002 V Initiated By: Donald W. Colby, Director of Court Services Re: Ordinance for approval of Delaware City Prosecutor Contract Summary The attached contract is for services provided by the City Attorney of Delaware to cover all costs of prosecution in the Delaware County Municipal Court for cases generated by the City of Dublin. This is the first contract we have had with them since 1991. The lack of a contract appears to be an oversight on the part of Delaware. The contract is similar to one executed for the cases handled by the Delaware City Attorney in 1991. In 1991, the cost of the contract was $1850 per year, as opposed to $1000 in the proposed contract. We have not been paying for any services provided by Delaware since the last contract. The City Attorney is only looking for payment in 2003, not for any years in the past. In the past budgets, the Court Services budget has had a line item, usually for $3500, to pay to the City of Delaware. In at least the last 5 years, we have never used the funds, so the budget line item was reduced to $500 for the 2003 budget. We do not need to appropriate additional funds to cover this expense. The shortfall will be paid out of the same account as the City of Columbus Prosecutor. According to the Prosecutor, over the past 3 years, the number of contested cases has varied from 4 to 19 cases in the Delaware Municipal Court. Figures for previous years were unavailable. There have been only 5 contested cases to this point in 2002. The proposed contract will cover all prosecutions, no matter how many there are. The Delaware City Attorney prefers to have a set fee for the services instead of charging either by case or by the number of hours utilized. It would be very difficult for them to track either of these factors, since all of the other contracts they have with municipalities are also a flat fee. As a result of this contract, we contacted the Prosecutor for Union County because we have no contract for Union County. The Prosecutor stated that there were so few cases out of Dublin at this time that he felt no contract was necessary at this time. If the caseload from Dublin increases, the Prosecutor will submit a contract for services. Recommendation: Staff recommends adoption of Ordinance No. 140-02 on first reading PROFESSIONAL SERVICES AGREEMENT This agreement is made this day of 2002 at the City of Dublin, County of Delaware, and State of Ohio, by and between the City of Dublin, hereinafter referred to as "Dublin', and the City of Delaware, Ohio Prosecutor's Office hereinafter referred to as the "Prosecutor." Dublin being willing to engage the Prosecutor and the Prosecutor being willing to be engaged by Dublin on the terms, covenants and conditions hereinafter set forth; it is hereby agreed as follows: 1. NATURE OF EMPLOYMENT The City of Dublin does hereby contract with and engage the Delaware, Ohio City Prosecutor's Office, the address of which is 70 N. Union Street, Delaware, Ohio 43015, to prosecute all cases coming before the Delaware Municipal Court, Criminal Division, arising out of alleged violations of the Codified Ordinances of the City of Dublin, Ohio, which occur within the jurisdictional limits of the Dublin; provided however that the Delaware City Prosecutor reserves the right to decline to represent the Dublin under this contract in any specific case filed in or coming before the Delaware Municipal Court, upon giving written notice to the Dublin City Prosecutor at least seven days prior to a scheduled hearing in that specific case; and provided further that the Dublin City Prosecutor reserves the right under this contract to represent the Dublin before the Delaware Municipal Court upon giving written notice to the Delaware City Prosecutor at least seven days before a scheduled hearing in a specific case, that he/she intends to represent said Dublin in that specific case. Delaware City Prosecutor further agrees that he will consult with and advise the appropriate officials of the Dublin, when necessary, concerning the prosecution and enforcement of the Codified Ordinances of the Dublin and perform such other duties as are customarily performed by one holding such position in other similar municipalities. However, nothing herein shall be construed to limit the reasonable prosecutorial discretion of the Delaware City Prosecutor. 2. TERM OF EMPLOYMENT The term of this Agreement shall be for one (1) year commencing on the 1st day of January, 2003, subject, however, to prior termination as hereinafter provided. 3. PAYMENT AND REIMBURSEMENT Dublin shall pay the Prosecutor and the Prosecutor shall agree to accept from Dublin compensation at the rate of $1,000.00 per year; provided however, Dublin agrees that it will reimburse the Prosecutor for any and all necessary expenses incurred on behalf of Dublin including mileage at the rate of thirty six and one-half cents ($.365) per mile, but excluding materials, paper and secretarial expenses which the Prosecutor agrees to pay from the state compensation. Said compensation ib'payable in advance. 4. TERMINATION OF AGREEMENT Notwithstanding anything to the contrary contained in this Agreement, both parties are hereby given the option to terminate this Agreement upon written notice presented to the other party thirty (30) days prior to termination. No other requirements are necessary to terminate this Agreement. 5. APPLICABLE LAW The parties hereto agree that it is their intention that this Agreement and the performance hereunder be construed in accordance with the laws of the State of Ohio. IN WITNESS WHEREOF, the parties have signed this Agreement on the day and year first above written. City of Dublin, Ohio By: its CITY OF DELAWARE PROSECUTOR'S OFFICE By: R. Thomas Homan City Manager By: Peter Ruffing City Prosecutor PROFESSIONAL SERVICES AGREEMENT This agreement is made this day of , 2002 at the City of Dublin, County of Delaware, and State of Ohio, by and between the City of Dublin, hereinafter referred to as "Dublin', and the City of Delaware, Ohio Prosecutor's Office hereinafter referred to as the "Prosecutor." Dublin being willing to engage the Prosecutor and the Prosecutor being willing to be engaged by Dublin on the terms, covenants and conditions hereinafter set forth; it is hereby agreed as follows: 1. NATURE OF EMPLOYMENT The City of Dublin does hereby contract with and engage the Delaware, Ohio City Prosecutor's Office, the address of which is 70 N. Union Street, Delaware, Ohio 43015, to prosecute all cases coming before the Delaware Municipal Court, Criminal Division, arising out of alleged violations of the Codified Ordinances of the City of Dublin, Ohio, which occur within the jurisdictional limits of the Dublin; provided however that the Delaware City Prosecutor reserves the right to decline to represent the Dublin under this contract in any specific case filed in or coming before the Delaware Municipal Court, upon giving written notice to the Dublin City Prosecutor at least seven days prior to a scheduled hearing in that specific case; and provided further that the Dublin City Prosecutor reserves the right under this contract to represent the Dublin before the Delaware Municipal Court upon giving written notice to the Delaware City Prosecutor at least seven days before a scheduled hearing in a specific case, that he/she intends to represent said Dublin in that specific case. Delaware City Prosecutor further agrees that he will consult with and advise the appropriate officials of the Dublin, when necessary, concerning the prosecution and enforcement of the Codified Ordinances of the Dublin and perform such other duties as are customarily performed by one holding such position in other similar municipalities. However, nothing herein shall be construed to limit the reasonable prosecutorial discretion of the Delaware City Prosecutor. 2. TERM OF EMPLOYMENT The term of this Agreement shall be for one (1) year commencing on the 1st day of January, 2003, subject, however, to prior termination as hereinafter provided. 3. PAYMENT AND REIMBURSEMENT Dublin shall pay the Prosecutor and the Prosecutor shall agree to accept from Dublin compensation at the rate of $1,000.00 per year; provided however, Dublin agrees that it will reimburse the Prosecutor for any and all necessary expenses incurred on behalf of Dublin including mileage at the rate of thirty six and one-half cents ($.365) per mile, but excluding materials, paper and secretarial expenses which the Prosecutor agrees to pay from the state compensation. Said compensation it payable in advance. 4. TERMINATION OF AGREEMENT Notwithstanding anything to the contrary contained in this Agreement, both parties are hereby given the option to terminate this Agreement upon written notice presented to the other party thirty (30) days prior to termination. No other requirements are necessary to terminate this Agreement. 5. APPLICABLE LAW The parties hereto agree that it is their intention that this Agreement and the performance hereunder be construed in accordance with the laws of the State of Ohio. IN WITNESS WHEREOF, the parties have signed this Agreement on the day and year first above written. City of Dublin, Ohio By: its CITY OF DELAWARE PROSECUTOR'S OFFICE By: R. Thomas Homan City Manager By: Peter Buffing City Prosecutor J