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HomeMy WebLinkAbout03-09 ResolutionRECORD OF RESOLUTIONS Blank, Inc., Form No. 30045 03-09 Resolution No. Passed 20 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE FRANKLIN COUNTY PUBLIC DEFENDER COMMISSION FOR THE DEFENSE OF INDIGENT DEFENDANTS WHEREAS, the City of Dublin has a constitutional duty to provide some mechanism whereby indigent defendants may obtain court-appointed counsel; and WHEREAS, the Public Defender's office is willing to enter into a contract with the City to provide defense services to indigent defendants whose cases are transferred from the City of Dublin Mayor's Court to the Franklin County Municipal Court. NOW, TREFORE, 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 Franklin County Public Defender Commission in order that the Commission will provide legal defense services to defendants whose cases have been transferred from the City of Dublin Mayor's Court to the Franklin County 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 , 2009. t Mayor -Presiding Officer ATTEST: _~~~ Clerk of Council Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 Phone: 614-410-4400 • Fax: 614-410-4490 f,ITY qF DUBLIN To: Members of Dublin City Council From: Marsha Grigsby, Interim City Manager/yvi,J~/~~- Memo Date: January 1 S, 2009 Re: Resolution No. 03-09, Franklin County Public Defender Contract Summary The City has a constitutional duty to provide a mechanism whereby indigent defendants Inay obtain court-appointed counsel, and the Franklin County Public Defender's office is willing to provide these services. Attached is the 2009 contract for services from the Franklin County Public Defender Commission at a cost per case of $75.05. This represents an increase of $1.30 per case over 2008. The total amount paid in 2008 for these services was $813.73, and $1,000 has been budgeted for 2009. Recommendation Staff is recommending adoption of Resolution 03-09 at the January 20, 2008 Council meeting. FRANKLIN COUNTY PUBLIC DEFENDER 373 South High Street 12°i Floor (614)645-8980 614)462-3194 January 7, 2009 Mayor Chinnici-Zuercher City of Dublin 5200 Emerald Parkway Dublin, OH 43012-1090 Dear Mayor: Columbus, Ohio 43215 Fax (614)461-6470 The existing contract for indigent defense representation with your City is scheduled to expire January 1, 2009. Enclosed please find a copy of a new contract for your review and hopefully your signature. Based upon an analysis of our cost efficiencies for the year 2009, the cost per case will be $75.05. The total amount charged per case is also based upon an anticipated 2009 state reimbursement rate of 25%. Please contact me if you have any questions concerning the above. Respect ly, Yeura R. Venters Director /bal Enclosure CONTRACT This Agreement, beginning on January 1, 2009, by and between the Franklin County Public Defender Commission, pursuant to Ohio Rev. Code, section 120.14(E), and the City of Dublin, for the defense of indigent defendants before the Franklin County Municipal Court; the parties agree as follows: The Franklin County Public Defender Commission hereby agrees to represent, through the personnel employed by the Franklin County Public Defender Commission, all indigent persons, coming before the Franklin County Municipal Court, Criminal Division, charged with a violation of an ordinance of the City of Dublin, which occur within the limits of Dublin, Ohio; provided that the Franklin County Public Defender Commission, reserves the right to decline representation i£ a conflict of interest exists in any specific case filed in or coming before the Franklin County Municipal Court; and, provided further, that the Mayor of Dublin, Ohio, reserves the right to appoint other counsel to represent defendants charged with a violation of an ordinance of Dublin, Ohio, or traffic and/or criminal statutes of the State of Ohio, which occur within the jurisdictional limits o£ Dublin, Ohio in any specific case filed in or coming before the Franklin County Municipal Court. The City of Dublin agrees to pay the sum of $75.05 per case. Said sum due to be stated by invoice from the Franklin County Public Defender at quarterly intervals. Checks or warrants should be made payable to the Columbus City Treasurer - Public Defender Service. This contract may be terminated by either party at any time before the expiration of the contract, by giving thirty (30) days written notice to the other party, of its intention to terminate. The parties further agree that this Contract shall be in full force and effect from the date first written above through December 31, 2009, unless terminated earlier, as provided herein. IN WITNESS WHEREOF, the parties have executed this Contract, this day of City of Dublin BY: City Manager of Dublin Franklin County Public Defender Commission BY: Richard F. Swope Chairman Office of the City Manager X200 Emerald Parkway • Dublin, OH 43017 Phone: 614-410-4400 • Fax: 614-410-4490 CITI' QR DiELIN To: Members of Dublin City Council From: Marsha Grigsby, Interim City Managerly-~,~/~~ Date: January 15, 2009 Memo Re: Resolution No. 03-09, Franklin County Public Defender Contract Summary The City has a constitutional duty to provide a mechanism whereby indigent defendants may obtain court-appointed counsel, and the Franklin County Public Defender's office is willing to provide these services. Attached is the 2009 contract for services from the Franklin County Public Defender Commission at a cost per case of $75.05. This represents an increase of $1.30 per case over 2008. The total amount paid in 2008 for these services was $813.73, and $1,000 has been budgeted for 2009. Recommendation Staff is recommending adoption of Resolution 03-09 at the January 20, 2008 Council meeting. FRANKLIN COUNTY PUBLIC DEFENDER 373 South High Street 12`" Floor (614)645-8980 614)462-3194 January 7, 2009 Mayor Chinnici-Zuercher City of Dublin 5200 Emerald Parkway Dublin, OH 43017-1090 Dear Mayor: Columbus, Ohio 43215 Fax (614)461-6470 The existing contract for indigent defense representation with your City is scheduled to expire January 1, 2009. Enclosed please find a copy of a new contract for your review and hopefully your signature. Based upon an analysis of our cost efficiencies for the year 2009, the cost per case will be $75.05. The total amount charged per case is also based upon an anticipated 2009 state reimbursement rate of 25%. Please contact me if you have any questions concerning the above. Respect 1N, ~Yy...--~~.e,~- Yeura R. Venters Director /bal Enclosure CONTRACT This Agreement, beginning on January 1, 2009, by and between the Franklin County Public Defender Commission, pursuant to Ohio Rev. Code, section 120.14(E), and the City of Dublin, for the defense of indigent defendants before the Franklin County Municipal Court; the parties agree as follows: The Franklin County Public Defender Commission hereby agrees to represent, through the personnel employed by the Franklin County Public Defender Commission, all indigent persons, coming before the Franklin County Municipal Court, Criminal Division, charged with a violation of an ordinance of the City of Dublin, which occur within the limits of Dublin, Ohio; provided that the Franklin County Public Defender Commission, reserves the right to decline representation if a conflict of interest exists in any specific case filed in or coming before the Franklin County Municipal Court; and, provided further, that the Mayor of Dublin, Ohio, reserves the right to appoint other counsel to represent defendants charged with a violation of an ordinance of Dublin, Ohio, or traffic and/or criminal statutes of the State of Ohio, which occur within the jurisdictional limits of Dublin, Ohio in any specific case filed in or coming before the Franklin County Municipal Court. The City of Dublin agrees to pay the sum of $75.05 per case. Said sum due to be stated by invoice from the Franklin County Public Defender at quarterly intervals. Checks or warrants should be made payable to the Columbus City Treasurer - Public Defender Service. This contract may be terminated by either party at any time before the expiration of the contract, by giving thirty (30) days written notice to the other party, of its intention to terminate. The parties further agree that this Contract shall be in full force and effect from the date first written above through December 31, 2009, unless terminated earlier, as provided herein. IN WITNESS WHEREOF, the parties have executed this Contract, this day of City of Dublin BY: City Manager of Dublin Franklin County Public Defender Commission BY: Richard F. Swope Chairman