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HomeMy WebLinkAbout25-04 Resolution RECORD OF RESOLUTIONS ----- -- _~~!()n_Legal Blan~:~c., Form ~.~ 30045 _ ~ _ _ - - - ________ _____ ___..___n___________._______________....._____..._______ ------ -- ----- ~-- - -- - - - -------------. _.,.~._-_._._-- Resolution No. 25-04 Passed .20 - -.----...--..---.---....------......-.--...---------.-------~._---- ----..--.-------- .....------ --.--~. -------.- -_..__...,------_.._--_...-._-~---_..,._._- ---_..,-------- --.----..--- A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A TWO-YEAR CONTRACT WITH THE LAW DIRECTOR WHEREAS, Law Director Stephen J. Smith has agreed to renew his contract with the City of Dublin. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, J- ofthe elected members concurring: Section 1. That the City Manager is hereby authorized to enter into a two-year contract, attached hereto as Exhibit "A" commencing May 1, 2004 and continuing through April 30, 2006 with Stephen J. Smith to provide legal services for the City of Dublin in accordance with the terms approved by Council. Section 2. That this Resolution shall take effect and be in force from and after the earliest date permitted by law. Passed this / 7f" -, day of m~ 2004. .~ " " , ATTEST: ~~ Cd (2-t~~ 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. ~itJ X ~ ty Clerk of Council, Dublin, Ohio Office of the City Manager 5200 Emerald Parkway, Dublin, Ohio 43017 CITY OF DUBLIN_ Phone: 614-410-4401 · Fax: 614-410-4490 Memo To: Members of City Council From: Jane S. Brautigam, City Manage0~ S. 0~' Date: May 13,2004 Re: Renewal of Contract with Law Director In Dublin, the contract between the City and the Law Director is reviewed annually by the City Manager with a recommendation to Council concerning the contract renewal. Based on the Law Director's performance in the last year, I am recommending that the contract be renewed at this time for a period of two years, effective May 1, 2004. Under the terms of the proposed new contract, the cost for services would remain as it has been in the past year as follows: 1. For Routine Services, $60,000 per month; 2. For Mayor's Court services, $ 9,000 per month; 3. For complex litigation, a negotiated rate based upon the approval of the City Manager prior to the commencement of services. The one new addition to the Agreement relates to the provision of services in traffic and criminal matters that are removed from Mayor's Court to Franklin County Municipal Court. In the past, the City has contracted with the Franklin County Prosecutor's Office for these services, spending approximately $15,000 per year. The City has not always been represented as vigorously in these matters as in Mayor's Court where we have more control over the disposition of cases. Accordingly, we have negotiated with the Law Director to provide these services under the new contract for a total cost of$15,000 per year. ,- Attached to this memo is a copy of the proposed two-year contract as well as the resolution authorizing the City Manager to sign the contract. Recommendation: Adoption of Resolution approving a two-year contract with the Law Director. AGREEMENT BETWEEN THE CITY OF DUBLIN AND STEPHEN J. SMITH, ATTORNEY FOR SERVICES AS LAW DIRECTOR This contract is for Law Director services between the City of Dublin, an Ohio Municipal Corporation, (Dublin) and Stephen J. Smith, Attorney, (Law Director), effective this 1st day of May 2004. WITNESSETH: WHEREAS, Dublin and the Law Director wish to continue their professional relationship for a two (2) year period. NOW, THEREFORE, intending to be bound by this Agreement, the parties agree as follows: 1. Routine Services. 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 $60,000.00 per month. a. Attendance at all regular and special Council meetings. b. Attendance at all regular and special Planning and Zoning Commission meetings. c. Attendance at other board and commission meetings upon the request of the chairman or upon request of the City Manager. d. Drafting of ordinances and resolutions upon request of the City Manager or Staff. e. Attendance at additional meetings not specified under Routine Services. f. Representing the City in all administrative hearings and general litigation. General litigation shall be defined as eminent domain cases of a non complex nature and other litigation matters of a minor nature that do not involve significant discovery, attendance at hearings, and motion practice. Administrative hearings shall also include administrative (Chapter 2506) appeals from Dublin boards and commissions to the common pleas court level. g. All other work and legal memoranda as requested by the City Manager, Staff and/or Council subject to prior approval of the City Manager. h. Providing legal advice to City officials as necessary or upon request, and attending meetings and/or conferences as requested by City officials. (110433066.1 I 1 Exhibit "A" 1. Responding to City Manager and Staff inquiries. J. Attendance at meetings, and discussions with City, County, State and Federal officials and other governmental officials. k. Attendance at meetings with the development community and Staff. 1. Review and approval of all contracts, ordinances, etc. m. Land acquisition shall be a part of general services on matters defined as normal contractual issues. However, other land acquisition matters of a more complex nature will be handled on a case by case basis with prior approval of the City Manager as to rates and staffing. 2. Lith?:ation. Complex litigation will be defined as major litigation that involves, for example purposes only, significant written or oral discovery, significant motion practice, and attendance at hearings before a judge and/or a jury. Complex litigation shall also include Chapter 2506 appeals that proceed past the common pleas level. All rates for complex litigation shall be pre-approved by the City Manager prior to the Law Department commencing work on any individual matter. Applicable rates will be negotiated at the time the complex litigation arises and will be based upon staffing needs and selection of legal expertise by the City Manager. 3. Special Counsel. The Law Director will have the right to utilize the services of other attorneys both within his firm and outside his firm as Assistant Law Director, Prosecutor and/or Special Counsel, subject to the City Manager's prior approval as to individual cases and fee arrangements. 4. Term. This contract shall take effect and be in force from May 1, 2004 through April 30, 2006. However, 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. 5. Miscellaneous Provisions: a. Subject to agreement of both parties, the Law Director shall undertake specific projects on a flat fee basis. Such flat fee projects shall be agreed upon by the Law Director, and the City Manager. b. Mayor's Court services shall be billed as a flat rate annual fee of$108,000.00, payable in equal monthly installments. Moreover, the Law Director shall increase staffing to additionally handle all traffic and criminal matters in Franklin County Municipal Court and shall be paid $15,000 per year for that service. {H0433066.1 l 2 Exhibit "A" c. Subject to the following provision, it shall be the responsibility of the Law Director to pay for any and all municipal publications, services, updates, seminars, etc. that he or his office may utilize on Dublin's behalf. d. In the event that the Law Director becomes incapacitated, is for any other reason unable to perform his duties or no longer serves as Law Director, it is hereby agreed that his files and records shall become Dublin's property except for information which would be classified as work product under Ohio law, which the Law Director shall, upon direction of the City Manager, release said materials to an attorney designated by the City Manager. IN WITNESS WHEREOF, the parties have executed this Agreement. SCHOTTENSTEIN, ZOX & DUNN ~~ Stephen J. Smith, Law Director CITY OF DUBLIN Ua-v~. 0 ~~ Jane Brautigam, ~ger {H0433066.1 } 3