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Home My WebLink AboutResolution 14-12RECORD OF RESOLUTIONS Inc. Farts No. 30045 14 -12 Resolution No. Parsed 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 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 2012. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, —17— 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 o d lr 2012 Mayor- P si ing Officer ATTEST: Clerk of Council Office of the City Manager City of Dublin Pho n ne: 614 -410.4 00 • Fax:b614 -0410 -4490 1090 To: Members of Dublin City Council From: Marsha I. Grigsby, City Manager -5 — Date: February 23, 2012 Initiated By: Lisa Wilson, Court Administrator Re: Resolution 14 -12 — Delaware City Prosecutor Contract Memo Summary Attached is legislation authorizing a contract with the City of Delaware's City Prosecutor for cases generated by the City of Dublin in the Delaware Municipal Court in 2012. The terms of the contract for 2012 are unchanged from those of the 2011 contract. During 2011, the total payment made under the contract was $600, reflecting four cases handled by the Delaware City Prosecutor. Recommendation Staff recommends adoption of Resolution 14 -12 at the February 27, 2012 Council meeting. PROFESSIONAL SERVICES AGREEMENT Tliis a� greement is rnacle this day of 2012 I)v and between the City of D hereinafter referred to as "Dublin", and the Cit of 01 ProseCL-itor's Office hereinafter referred to <i.s the "}'cosec t-itor." beInc ". to erigagc the Prosecutor rrnrl the ProsccL.a(. being willing to be engaged by Dublin on the terms, coveriarits and conclitions hereiriafter set foi-irth; 'it. is herel. agreed .-i.s follows: 1. NATURE Ole' EMPLOYMENT 1XIbI.H.1 does hereby Cor.1tract with and engage the Delaware, Ohio City Ptosc(-Litor's Office, the address of which is 70 N. Union Street, Delaware. Ohio 1-3015, i..o prosectite all cases coming before the Delaware Mi-inicipal Cw,irl, Z�l I ('T-iniina,t Division., arising out of alleged. violations of the (A-lininal, Traffic and ZD Zoning Sections of the Codified Ordinances of tl Winicipality ()I'Dt-iltblin, Ohio and the Crirriinal r:ind Traffic Sections of the (..)h.lo Revised Code whicl occL,ii within the Jurisdictional limits of Dublin; provided however that the Delaware City ProsccLitor reserves the right to decline to represent Dublin L,inder this contract in any speci 'fi . i c case filed in or corning before [.Delaware .he Dela Mt.iniciip,--il Court. upon, giving written notice to the Dublin Law Director at least sevcyi days prior to a scheduled hearing In that specific case, Di-iblin reserves ti-le right i-inder t-1-its contract. to represent: itself or obtain other representation 1111. any specific case filed In or coming before the Delaware Municipal C( by U � vin written notice to the Delaware City ProsecLitol- at least seven clays be f'011 1-� � - � - Z a scliech.fled bearing in a specific case, that Dublin Li to rctalri of -fier counsel in that specific case, and other counsel so entering appearance, De lawax City Prosecutor I'Lirther agrees that. lie wi-11 consult wit!". an(I 'Icivise he DUblir! Law Director, when necessary, coricerjaing the prosect,,ition and cril"Orcerrient 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, 2012 and ending December 31, 2012 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 $150.00 per contested case prosecuted, with a minimum of $250.00 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 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 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. T RMINATION OF AGREEMENT Notwitlistanding to the contrary contained in this Agreerlient., both parties are hereby givers the optiorr to terminate this Ag e c4rrrent Written notice presented to the other party thirty (30) da),"s prier w terrninat.ion. No otl -car re q° -iirc nients are rieeessan, to terrxrinate this Anreemerrt. i. APPLICABLE LAW The parties hereto agree that it is thr_ir interrtior7 that ttris Agreement acid tl -lc; perforrria.nce hereunder be construed in accordance with tfica hiws of tfi St'itc of Ohio. IN WITNESS WHEREOF, the parties have signed this Agrec;rrierrt on tll clay.- and scar first above written: CITY OF DUBLIN, 0 110 Marsl - i<:r (_xrisby, City M�:ariagcr Approvc'Id s to Forrrr: City At:t.orriey City of Dublin, Ohio C'P OF DIRECTOR OF FINANCE Di Director of I n, hereby certifies that., the necessiry ftinds �,).re ,nv�,,i,iLible as this is -i coat .ii contract, to be perforn.ied iri % oi in part. ire an ensuing fiscal year and the amount required to meet the obligation in the° fiscal in, whicli the coritract, is made, has been. Liwfull for sucli purpose and is in the treasury or iri process of collection to the credit of an appropriate fund free from any previous encumbrances. BY : Dlrcctor� of Fni.ance CITY OF DELAWARE, OHIO PROSECUTOR'S OFFICE 0 R. Thomas Honian, City Mcai Approved as to Form: Darren Shuli City Atl,orriey City (-A' Delaware, Ohio January 18, 2012 Ms. Marsha Grigsby, City Manager 5200 Emerald Parkway Dublin, Ohio 43017 Dear Ms. Grigsby: Attached please find the invoice for prosecutor services rendered by the Delaware City Prosecutor's Office for the fourth quarter of 2011. Also please find a copy of an agreement for 2012, which remains unchanged from 2011. As you may be aware, I am the new city attorney, replacing Dan Bennington, and Mark Corroto is the new city prosecutor, replacing Pete Ruffing. In light of these staff changes, I am hoping to schedule a meeting with the person in charge of these agreements to discuss any changes in the agreement going into 2013. Please contact Michele Kohler at mkohler(uldelawareohio at your convenience, and she will schedule a meeting. I look forward to working with you. Sincerely, DARREN Darren Shulman City Attorney Dublin Fourth Quarter -2011 2 X $150.00 = $300 January 11, 2012 11CR SULLIVAN, DUB GRIFFIT OBSTRUCTIN DISMISS 12/2 B013 KELSEY L H, PT. G OFFICIAL OTHER 1/20 04 -A BUSINESS AFTER NG 11 PLEA I1CR BARROW, DUB GRIFFIT DOMESTIC DISMISS 10 /1 B018 AUSTIN C H, PT. VIOLENCE OTHER 9/20 83 -A Ml AFTER NG 11 PLEA