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HomeMy WebLinkAboutResolution 082-15RECORD OF RESOLUTIONS Dayton Legal Blank, Inc., Forth No. 30045 Resolution No. 82 -15 Passed A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE DELAWARE CITY PROSECUTOR IN THE DELAWARE MUNICIPAL COURT 20 WHEREAS, the services of the Delaware City 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 for 2016. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, of the elected members concurring that: Section 1. 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 Municipal Court. Section 2. This Resolution is effective upon passage, in accordance with Section 4.04(a) of the Revised Charter. Passed this day of yp U eionL ifp' , 2015 ayor 4Presidinag Of ficer ATTEST: 0- Clerk of Council r c 1*tvof Dublin it Office of the City Manager 5200 Emerald Parkway* Dublin, OH 43017-1090 Phone: 614-410-4400 a Fax: 614-410-4490 To: Members of Dublin City QQuncil From* Dana L. McDar Date: November 12, 2015 11111pilill PROFESSIONAL SERVICES AGREEMENT This agreement is made this day of , 20 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 fourth; it is hereby agreed as follows: 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 Criminal, Traffic and Zoning Sections of the Codified Ordinances of the Municipality of Dublin, Ohio, and the Criminal and Traffic Sections of the Ohio Revised Code which occur within the jurisdictional limits of Dublin; provided however that the Delaware City Prosecutor reserves the right to decline to represent Dublin under this contract in any specific case filed in or coming before the Delaware Municipal Court, upon giving written notice to the Dublin Law Director at least seven days prior to a scheduled hearing in that specific case. Dublin reserves the right under this contract to represent itself or obtain other representation in any specific case filed in or coming before the Delaware Municipal Court by giving written notice to the Delaware City Prosecutor at least seven days before a scheduled hearing in a specific case, that Dublin intends to retain other counsel in that specific case, and other counsel so entering appearance. Delaware City Prosecutor further agrees that he will consult with and advise the Dublin Law Director, when necessary, concerning the prosecution and enforcement of the Codified Ordinances of 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 a period commencing on the January 1, 2016 and ending December 31, 2016 subject, however, to prior termination as hereinafter provided. Cases that are commenced or concluded between these dates are subject to this contract. 3. PAYMENT AND REIMBURSEMENT Dublin shall pay the Prosecutor and the Prosecutor shall agree to accept from Dublin compensation at the rate of $200.00 per contested case prosecuted, with a minimum of $300.00 dollars per year. The Prosecutor acknowledges receipt of the minimum for the period covered by this contract. A "contested case" for this document is one in which the defendant enters a plea of "not guilty" or its equivalent, and thus requires further procedures after arraignment. There will be no separate charge for prosecutions terminated at or before arraignment. 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 established by the Internal Revenue Service, but excluding materials, paper and secretarial expenses which the Prosecutor agrees to pay from the stated compensation. The prosecutor shall bill Dublin quarterly, for cases terminated during the preceding quarter, and compensation shall be paid within 30 days of billing. 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 Approved as to Form: City Attorney City of Dublin, Ohio City Manager CERTIFICATION OF DIRECTOR OF FINANCE Dublin Director of Finance hereby certifies that the necessary funds are available as this is a continuing contract to be performed in whole or in part in an ensuing fiscal year and the amount required to meet the obligation in the fiscal year in which the contract is made, has been lawfully appropriated for such purpose and is in the treasury or in process of collection to the credit of an appropriate fund free from any previous encumbrances. itz Director of Finance CITY OF DELAWARE, OHIO PROSECUTOR'S OFFICE Approved as to Form: Darren Shulman City Attorney City of Delaware, Ohio R. Thomas Homan, City Manager