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Home My WebLink About79-06 Resolution RECORD OF RESOLUTIONS _ _D_,,!yton .Legall3l~~k-,_~~l?~,_Form No. ~Oq~_5___ Resolution No. 79-06 ,20_ A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE DELAWARE CITY PROSECUTOR IN THE DELAWARE MUNICIPAL COURT WHEREAS, the services of the Delaware City Prosecutor are required to prosecute City of 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 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 "An with the Delaware Municipal Prosecutor to prosecute City of Dublin cases before the Delaware Municipal Court. Section 2. This Resolution is effective upon passage, in accordance with Section 4.04 (a) of the City of Dublin Revised Charter. Passed this2Mh day of /VPtJ~~h~"" , 2006 ATTEST: ~(L~ 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. Court Services 6565 Commerce Parkway Dublin, Ohio 43017 Memo CITY OF DUBLIN Phone: 614-410-4920 * Fax: 614-761-6598 To: Members of Dublin City Council From: Jane S. Brautigam, City ManageJ _-]Z~ <5 i2J~~ Date: November 16, 2006 Initiated By: Lisa Wilson, Court Administrator Re: Resolution 79-06, Delaware City Prosecutor Contract for 2007 Summary Attached is legislation authorizing a contract with the Delaware City Prosecutor for cases generated by the City of Dublin in the Delaware Municipal Court in 2007. The language in the contract is unchanged from 2006. Recommendation Staff is recommending adoption at the November 20 Council meeting. Daniel 5:.~~1)Ai~t9~ '.. ".' ;""- -~ .. -.".... .. ATTORNEY AT LAW S~V~~l? 5 PM 3: 4:> Del8w8~~~'}c3 io'" 43015 hIt t.~ (740) ?6S;: ljd.3f: U l.i " _-.<i \""';"_;\'''' \., . :. I.: 'l 1-.,). -. .." __ ," (' dbennington@.c:Jell;lwareohio.:net: ., .': , " October 25, 2006 Renee Telfer Court Admistrator City of Dublin 6565 Commerce Parkway Dublin, OH 43017-1006 RE: Prosecutor Contract Dear Ms. Telfer: Enclosed you will find a contract for the provision of prosecutorial services to the City of Dublin by the Delaware City Prosecutor's Office in the Delaware Municipal Court for the calendar year 2007. The compensation has remained the same this year and is a fee per contested case of $140 with a minimum of $250 per year. Please review and let me know if you have any questions or concerns. If acceptable, please execute both copies of the agreement and return them to me. I will send you a fully executed copy at that time. Sincerely yours, ~ Daniel B. Bennington City Attorney City of Delaware, Ohio Enclosure (2) PROFESSIONAL SERVICES AGREEMENT This agreement is made this _ day of , 2006 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. II 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. NA TURE OF EMPLOYMENT Dublin does hereby contract with and engage the Delaware, Ohio Citv - 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 City 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 Chief of Police at least seven days prior to a scheduled hearing in that specific case; and provided further that Dublin reserves the right under this contract to obtain other representation 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 appropriate officials of Dublin, 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, 2007 and ending December 31, 2007 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 $140.00 per contested case prosecuted, with a minimum of $250.00 dollars per year. A "contested case" for this document is one in which the defendant enters a plea of "not guilty" or it's 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 of $0.375 per mile, 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: By: Its: Law Director City of Dublin, Ohio CERTIFICATION OF CITY FINANCE DIRECTOR Dublin City Finance Director 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. City Finance Director Approved as to Form: CITY OF DELAWARE PROSECUTOR'S OFFICE . By: R. Thomas Homan, City Manager By: Peter Ruffing, City Prosecutor