HomeMy WebLinkAboutResolution 087-15RECORD OF RESOLUTIONS
Dayton Legal Blank, Inc., Form No. 30045
Resolution No. 87-15 Passed , 20
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT FOR
THE PROVISION OF LEGAL SERVICES
WHEREAS, Law Director Stephen J. Smith has agreed to enter into a contract
to provide legal services to the City of Dublin; and
WHEREAS, Dublin City Council has reviewed the terms of the contract,
attached hereto as Exhibit 'A" commencing January 1, 2016 and continuing
through December 31, 2017, and determined the terms to be acceptable.
NOW, THEREFQ E, 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 enter into the attached
agreement with Frost Brown Todd, LLC, for the provision of legal services to the
City of Dublin in accordance with the terms approved by Council.
Section 2. This Resolution shall take effect and be in force upon passage in
accordance with Section 4.04(a) of the Revised Charter.
Passed this � , day of C20159
J
ayor — Presiding fficer
ATTEST:
Clerk of Council
To.x Members of Dublin City Cou ff
From:, Dana L. McDan*el"-"
Daten, December 3, 2015
Res. Resolution # 87-15 - Authorizing an Agreement with Frost Brown Todd, LLC for
Law Director Services
Sta?V recommends approval of Resolution No. 87-15 at the December 7, 2015 meetingO
AND FROST BROWN TODD, LLC
FOR SERVICES AS LAW DIRECTOR
This contract for the services of Law Director between the City of Dublin, an Ohio
Municipal Corporation, ("Dublin") and Stephen J. Smith/Frost Brown Todd, LLC, ("Law
Director"), effective this I st day of January 2016.
WITNESSETH.-
WHEREAS,, Dublin and the Law Director wish to continue their professional
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relationship until December 31, 2017.
NOW, THEREFORE, intendina, to be bound by this Agreement., the parties agree as
follows:
Except as otherwise provided herein, the Law Director agrees to provide and Dublin
agrees to pay for the following "Routine Services" at the rate of $68,000.00 per month.
v- Attending all Council meetings.
b. Attending all Planning and Zoning Commi.ssion meetings.
c. Attending other routine board and commission meetings upon the request of the chair
or upon request of the City Manager.
d. Drafting ordinances and resolutions arisingin the normal course of municipal
operation upon request of the City Managcr or Staff, or as requested by action of City
Wf
Council.
e. Representing the City in all administrative hearings and general litigation. General
litigItion shall be defined as administrative (Chapter 2506) appeals from Dublin
boards and commissions to the common pleas court level.
f. Drafting all other routine documents, legal memoranda, and legal opinions as
requested by the City Manager, Staff and/or Council subject to prior approval of the
City Manager.
g. Providing legal advice relating to matters of public law to City officials as necessary
or upon request, and attending meetings and/or conferences as requested by City
officials.
iH'2389011.1 I I
h. Responding to City Manager and Staff inquiries about legal matters.
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Reviewing, approving and/or preparing all contracts, ordinances, and legal
documents.
Representing the City in all matters related to annexation.
1. Termination. counseling, FLMA, ADA, ADEA, FLSA, Title VIL PPACA, Workers'
Compensation statutes, Collective Bargaining statutes, USERRA, COBRA, and
HIPAA related questions, and other general legal advice related to labor and human
resource matters shall, be included as Routine Services.
m. Other nom-ial City matters requiring legal. input or involvement, not specifically
described under "Non.-Routine Services".
The following legal services shall be classified as "Non-Routine Services", and will be
separately billed.
,, at rates as approved by the City Manager.
a. Labor and Employment.- Legal services provided for collective bargaining
negotiations, fact finding, and conciliation, grievance ar , oitration, charges of
discrimination, and lawsuits related to labor and employment 'Issues.
b. Tel ecommunicati ons: Advisory and legal services related to Dublin's
telecommunications activities, including matters associated with Dublink, PUCO,
leasing for space for cell towers,, cable television negotiations, telephone and internet
contracting, ROW management, Broadband Council.
f F1238901 I I ) 2
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Non-Routine Services" at hourly rates, as approved in advance of the work by the
City Manager.
e. Special. Projects: Subject to agreement of both parties, the Law Director shall.
undertake specific projects on a flat fee basis. Such flat fee projects shall be as
agreed upon by the Law Director, and the City Manager.
f Special Counsel.- The Law Director may utilize the services of other attorneys both
w ithi-n his firm. and outside hisfirm as Assistant Law Director, Prosecutor and/or
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Special Counsel, subject to the City Manager's prior approval as to individual cases,
attorneys and fee arrangements.
LIE
The Law Director shall serve as the City's prosecutor for cases before Mayor's Court and
for traffic and criminal matters in Franklin County Municipal Court. These services shall
be provided at the rate of $ 10,000 per month.
This contract shall. take effect and be in force January 1, 2016 the December.3 1,
2017. I-lowever, at any point during the term of this Contract. either Party may terminate
this Agreement upon, providing sixty (60) days' notice of its 'Intent to terminate to the
other Party.
Professional Liability. Relative to any s claims, losses, damages, liability
and cost, the Law Director agrees to indemnifv and save the City, its officers,
officials, and employees harmless -from and against a all suits, actions or
claims for property losses, damages or personal injury arisin.,a from the negligent
acts, errors or omissions by the s or his employees.
111-12389011,1 ) 3
b. Insurance Requirements: The Law Director shall maintain the insurance coverage
limits specified 'in Exhibit A throughout the term of this Agreement.
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e. The Law Director shall provide an. estimated budget for the projected costs (or cost
range) associated with potential litigation, The City and the Law Director
acknowledge the uncertainty and volatilitv associated with such estimates, which ar
intended for use in the City"s budgeting and risk assessment purposes.
1 1.
e y aw Director to pa for any and all municipal.
i. It shall be the responsibility of th L
publications, services, updates, seminars, conferences, etc. that he or hi's office may
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d I
ti ize or atten on Dubfin's behalf.
g. In the event that the Law Director becomes incapacitated, unable to perform his
duties, or no longer serves as Law Director, it is hereby agreed that his files and
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records shall become Dublin's property, except for information which would be
classified as work. product under Ohio law, which the Law Director shall release to an
attorney designated by the City Manager.
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Stephen J. Smith., Law Director
Dana L. McDaniel. City Managel
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01272-06.0607929 48324577-3082v2
IIH238901 L 1 5
ALAS
Attorneys"
Liability
Assurance
Society, Inc.
January 6, 2015
Frost Brown Todd LLC
3300 Great American Tower
301 E. Fourth Street
Cincinnati, OH 45202
To Whom It May Concern:
CONFIRMATION OF INSURANCE
We hereby confirm that Frost Brown Todd LLC has Professional
Liability Coverage under Policy ALA41669 with an annual limit of $50,000,000
per claim and $100,000,000 in the aggregate with the right, under stated
conditions, to purchase extended reporting rights upon termination of such
Policy by ALAS.
The self - insured retention under such Policy is $1,000,000 each claim up
to an aggregate of $2,000,000 and $100,000 each claim thereafter.
The Policy effective date is from January 1, 2015 to January 1, 2016.
Such Policy is subject to the terms, conditions, limitations and exclusions
stated therein.
ATTORNEYS' LIABILITY ASSURANCE SOCIETY, INC.,
A RISK RETENTION GROUP
By:G'��Vt�[it•- _ _ ede,,., Date: l lP S-
Darren C. Baker
Assistant Director of Underwriting
311 S. Wacker Drive, Suite 5700
Chicago, IL 60606 -6629
tel 312.697.6900
fax 312.697.6901