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Home My WebLink About046-88 Ordinance RECORD OF ORDINANCES National Graphics Corp., Cols., O. ~ Form No, 2806-A -- Ordinance No. nn_.4:~_"'~~m____ Passedmnn___n.m nm_m_mmmm mn____19_m.__ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW AGREEMENT WITH THE LAW DIRECTOR WHEREAS, the City of Dublin has previously entered into an agreement with Mr. Stephen J. Smith of Smith & Hill for legal services; and WHEREAS, Mr. Stephen J. Smith has proposed a new agreement for said services. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, 7 of the elected members concurring: Section 1. That the agreement hereto attached as Exhibit "A" is hereby accepted. Section 2. That the City Manager be, and hereby is, authorized to enter into a contract with Mr. Stephen J. Smith to provide legal services for the City of Dublin. Section 3. That this Ordinance is declared to be an emergency necessary to preserve the public health, safety and welfare and therefore shall take effect and be in force immediately upon its passage. Passed this 2nd day of May , 1988. (Ithr Mayor - Presiding Officer Attest: i!l"e< -!l:~~~ erk of Cou cil I hereby certify that copies of this Ordinance/Resolution were posted in tl e City of DubEn in accordance with Section 731.25 of the Ohio Revised COile -h/LukJ ~ ~~ ./ Clerk of Council, ubli, Ohio AGREEMENT BETWE~~1'BJ~_g_~TY o.~_.PJ,JJ?);J_:r:N AND STEPHEN J. ~l'1IT~ ATTO~NEY fQ~_SERVICES AS Ct~~ LAW DIREC~o.R This contract for services as Law Director between the City of Dublin, an o.hio Municipal Corporat~on, (Dub.l.in) and Stephen J. Smith, attorney, (Law Director), made this M day of ~ , 1988. WITNESSETH: _'_~'_'_.'_-_._,-_.._._-_.,-~-_., Whereas, Dublin and the Law Director wish to continue their professional relationship. No.W, THEREFo.RE, intending to be bound by this agreement, the parties agree as follows: 1. Routine Services. The Law Director agrees to provide '-'-,_._~_.- and Dublin agrees to pay for routine services, a monthly gross retainer of $1,50.0..0.0.. Routine services shall include the following: A. Attendance at all regular and special Council meetings. B. Attendance at all regular and special Planning and Zoning Commission meetings. C. Attendance at all sessions of Mayor's Court. D. Attendance at other board and commission meetings upon the request of the chairman or upon the request of the Manager. 2 . ~~2ial_ Services ~ The Law Director agrees to provide and Dublin agrees to pay for the following special services at the rate of $60..0.0. per nour: A. Attendance at additional meetings not specified under Regular Services. B. Preparation of ordinances and resolutions if requested. -1- . C. Litigation. D. All other work as requested by the Manager and/or Council. E. Provide legal advice to City officials as necessary or upon request, and attend meet~ngs and/or conferences as requested by City officials. F. Miscellaneous Serv~ces: -calls from and meetings with staff -citizen inquires -meetings and discussions with city, county, state and federal oft~c~als -meetlngs with developers. G. Review and approve all contracts and ordinances. 3. The Law Director agrees to provide Dublin with an itemized monthly list of all services performed upon its behal f. IN WITNESS WHEREOF, the parties have executed this Agreement. ~~~~ phen J. Sm~th Law Director CITY OF DUBLIN by Timothy C. Hansley Manager, Ci ty of Du' -2- MEMORANDUM TO: Members of Dublin City Council FROM: Timothy C. Hansley, City Manager SUBJECT: Contract for Law Director Services DATE: April 28, 1988 The attached Ordinance provides for the execution of a new contract between the City and Stephen J. Smith for legal services. As is noted in the letter from Mr. Smith to me, which is also attached, this contract would allow for an increase in the retainer from $1,100.00 to $1,500.00 per month and an increase in the hourly rate from $45.00 to $60.00. The proposed contract also specifies which activities would be covered under the retainer and which would be billed separately at the hourly rate. r recommend that this Ordinance be adopted since it proposes to maintain the current service level in exchange for an increase which is competitive with other legal services in the area. TCH:fmu Ymid wJf1tl ~a/;~ STEPHEN J. SMITH 5354 CEMETERY ROAD MELINDA J. HILL P,O. BOX 7 DONALD BRECKENRIDGE March 21, 1988 HILLIARD, OHIO 43026 OF COUNSEL: (614) 876-1229 MITCHELL H BANCHEFSKY Mr. Timothy C. Hansley Dublin City Manager 6665 Coffman Road Dublin, Ohio 43017 Re: Law Director's Contract for 1988 Dear Tim: Enclosed per your request please find a draft contract for my services as law director. As you will note, this contract provides for an increase in my retainer from $1,100.00 to $1,500.00 per month and an increase in the hourly rate from $45.00 to $60.00. There has been some discussion to the effect that the City might want to consider hiring an in-house law director. In addressing this consideration, I wish to point out that this office provides the services of three ( 3) attorneys, one paralegal, three ( 3 ) legal secretaries, and maintains an extensive municipal law library. Further, as you know, a conservative estimate of the average going rate for legal services in the central Ohio area is $100.00 per hour. My point here is that you could certainly hire an in-house staff attorney and possibly even cover the related overhead for approximately the same amount you are spending now for my services. However, I am certain that such an arrangement would not enable you to provide the same level of service or expertise I offer. I am able to do this by charging the City the substantially reduced rate for my services and the services of other attorneys in this office, due to the fact that we enjoy representing the City and wish to continue our ongoing relationship with Dublin. Under the proposed contract submitted herein, it would be my intention to continue providing you with itemized billings for my services, which in addition to my accounting for our time, also serves to provide you with what I consider to be a valuable update as to the multidude of cases and issues in which we are involved on behalf of the City. . Mr. Timothy C. Hansley March 21, 1988 Page 2 After reviewing this, I would appreciate your contacting me to discuss your thoughts relating to this proposed contract. Sincerely, /,----""--"-". -:/ ~~i~~~ ~~Phen J. Smith SJS:dw Enclosure