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HomeMy WebLinkAbout04-97 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 04-97 O~~dinance No.----- ---- - -- Pnssed - -- 19 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO ATHREE-YEAR CONTRACT WITH THE LAW DIRECTOR WHEREAS, Law Director Stephen 7. Smith has agreed to enter into athree-year contract with the City of Dublin, pursuant to the terms recommended by the Finance Committee of Council; and WHEREAS, the City Manager recommends approval of the proposed contract, attached hereto as Exhibit "A". NOW, THF,yiEFORE BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, ( of the elected members concurring: Section 1. That the agreement attached hereto as Exhibit "A" is hereby accepted. Section 2. That the City Manager is hereby authorized to enter into athree-year contract commencing April 1, 1997 and continuing until March 31, 2000 with Stephen J. Smith to provide legal services for the City of Dublin. Section 3. That this ordinance shall be effective on April 1, 1997. Pass ~ ~I~'~ day of~~ ~ rGt~ , 1997. or -Presiding Officer ATTEST: Clerk of Council I here~~,r cQ~r:fv thgt cof~Pes of this Ori~ngnce%lesetu#iwi.were posted in the City of irJ~;~;t~ i!l gr~OrtinnCe v~'t5 c~tt~on 731.25 of the E~~io Revised Code. A~srt Cte~k f Co Heil, D in, Ohio MEMORANDUM To: Members of Dublin City Council From: Timothy C. Hansley, City Manager ~C Subject: Recommendation Regarding Legal Services Contract Date: January 29, 1997 The attached legislation provides for the a new three-year contract with the Law Director. As Council is aware, under the Revised Charter, the City is able to extend the terms of the contract beyond one year. The original Charter required contract renewal on a yearly basis. It is my recommendation, along with the recommendation of the Finance Committee of Council, that Council accept the terms of this newly negotiated contract. This recommendation is based on a very favorable review of the past several years of legal activity provided under the current contract. Also, with our continuing volume of legal activity, it is impractical to change firms in the absence of an overriding reason to make such a move. ~ ~C ~ , ~j 1'~' N h AGREEMENT BETWEEN THE CITY OF DUBLIN AND STEPHEN J. SMITH. ATTORNEY FOR SERVICES AS CITY LAW DIRECTOR This contract for services as Law Director between the City of Dublin, an Ohio Municipal Corporation, (Dublin) and Stephen J. Smith, Attorney, (Law Director), made this 1st day of April, 1997. WHEREAS, Dublin and the Law Director wish to continue their professional relationship for a three (3) 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 $95.00 per hour: 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 the request of the City Manager. D. Drafting of ordinances and resolutions upon request of the City Manager or Staff. E. Provide City Manager with itemized monthly statement for services rendered. F. Attendance at additional meetings not specified under Regular Services. G. Representing the City in all litigation matters, administrative hearings, etc. SJS/BJG/KAA/234930 035505.078 Rev. February 13, 1997 1 H. All other work as requested by the City Manager, Staff and/or Council subject to prior approval of the City Manager. I. Providing legal advice to City officials as necessary or upon request, and attending meetings and/or conferences as requested by City officials. J. Responding to City Manager and Staff inquiries. K. Attendance at meetings, and discussions with City, County, State and Federal officials and other governmental officials. L. Attendance at meetings with the development community and Staff. M. Review and approval of all contracts, ordinances, etc. 2. 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. Pursuant thereto, Mitchell H. Banchefsky shall continue to serve as Assistant Law Director/Prosecutor, and Scott R. Mergenthaler shall continue to serve as Assistant Prosecutor. 3. Term• This contract shall take effect and be in force from April 1, 1997 through March 31, 2000. However, at any point during the term of this Contract, Dublin may terminate this Agreement for cause. SJS/BJG/KAA/234930 035505.078 Rev. February 13, 1997 2 4. Miscellaneous Provisions. A. All delinquent income tax collection work shall be done by the Law Director's Office. Upon annual review by the Finance Director, the Finance Director will have the option each year to have such services billed hourly pursuant to Paragraph 1 above, or the City may elect each year to have such services billed on a 30% contingency plus out of pocket expenses. B. 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, the Finance Director, and the City Manager and in consultation with City Council, based upon a specific written scope of services. C. Mayor's Court services shall be billed as a flat rate annual fee of $70,000.00, payable in equal monthly installments. D. 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. However, Dublin shall be responsible for payment of the Law Director's and Assistant Law Director's membership in municipal associations/programs which require membership by the municipal corporation, and shall pay for the Law Director's attendance at the Annual National League of Cities Conference. E. The Law Director shall cause to be installed at his own cost and expense separate dedicated telephone lines and related software so as to facilitate the exchange of data between the Law Director's computer system and that of the City of Dublin and vice versa. F. 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 SJS/BJG/KAA/234930 035505.078 Rev. February 13, 1997 3 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. CARLILE PATCHEN & MURPHY Stephen J. Smith, Law Director CITY OF DUBLIN Timothy C. Hansley, City Manager SJS/BJG/KAA/234930 035505.078 Rev. February 13, 1997 4 AGREEMENT BETWEEN THE CITY OF DIIBLIN AND STEPHEN J. SMITH, ATTORNEY FOR SERVICES AS CITY LAW DIRECTOR This contract for services as Law Director between the City of Dublin, an Ohio Municipal Corporation, (Dublin) and Stephen J. Smith, Attorney, (Law Director), made this 1st day of April, 1997. -~~~~ WHEREAS, Dublin and the Law Director wish to continue their professional relationship for a three (3) 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 $95.00 per hour: 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 the request of the ~;~~'<~ Manager. D. Drafting of ordinances and resolutions upon request of the [~? Manager or Staff . E. Provide ~[~?' Manager with itemized monthly __ . ::_ statement for services rendered. F. Attendance at additional meetings not specified under Regular Services. G. Representing the City in all litigation matters, administrative hearings, etc. SJS/BJG/KAA/234937 035505.078 Rev. February 13, 1997 1 .. ::........... H. All other work as requested by the Manager, Staff and/or Council subject to prior a royal of the ~~> `; Mana er . PP ~;:: > ; ~~ g I. Providing legal advice to City officials as necessary or upon request, and attending meetings and/or conferences as requested by City officials. J. Responding to ~~`~ Manager and Staff inquiries. K. Attendance at meetings, and discussions with City, County, State and Federal officials and .other governmental officials. L. Attendance at meetings with the development community and Staff. M. Review and approval of all contracts, ordinances, etc. 2. 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 ';~~ Manager's prior approval as to individual cases and fee arrangements. Pursuant thereto, Mitchell H. Banchefsky shall continue to serve as Assistant Law Director/Prosecutor, and Scott R. Mergenthaler shall continue to serve as Assistant Prosecutor. 3. erm. This contract shall take effect and be in force from A ril 1 1997 throw h March 31 2000. '~~;''~`°'s<~?;`> P ~ g L _ ,,,,,. ,.,,,,,,~ ,.., .,:,. v:Ly':.::.I::i'::: ':::i::i:: ::::::::.; ..i .:: <:: :::if~ :: ::: ::::::~: :: }v.:'.:-....::: i : ..: :::: .. ..: i:: ...: .:.: .:......: .:.......:: ... ...: ii: Yii:.. ": ... ".:. i'~::"::.:::....: ..: .:..:: <: .v .. :. ...i :' i ::.ii:i :' : :::• .i ~ " ~: iiii: :':: ::::.:' ::: ii: :. •:.i::::i: :::: ::: ::: %:::: ' : .: :.: ::.:.:: .:. :..:.:'.::..iii:: ..:: :.:.: :: .: i:.: ... :: :L: ~:: ~ :: ::.:::.::' . ::: :: ~ ~ ::;::: :::: ::: o.~..nt::.:~1~~~.~. ii:.~l~~.i»:term,;.;c~g.i;i~h~..~.ii;~?a~~ra~~. ;<.i:;3ub~,.~:~, :ma. ,;.ii:t~~~~.nat~;;;:17~.:. .... g .................................................................... ~. ............................................................................... SJS/BJG/KAA/234937 035505.078 Rev. February 13, 1997 2 4. Miscellaneous Provisions. A . Al l , ..................:.:.:.:..... ~c€<~tq~*z~'~s income tax collection work shall be done by the Law Director's Office. Upon annual review by the Finance Director, the Finance Director will have the option each year to have such services billed hourly pursuant to Paragraph 1 above, or the City may elect each year to have such services billed on a 30% contingency plus out of pocket expenses. B. 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, the Finance Director, and the City Manager and in consultation with City Council, based upon a specific written scope of services. C. Mayor's Court services shall be billed as a flat rate annual fee of $70,000.00, payable in equal monthly installments. D. #~t~ [S~xl~~ec~ tc~ `:'the follow~:n' .~ - ., ...: g ~r©~l'I51E)i'I, fit. 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 ...........Hod:.':.......,,.,,,., . Dublin shall be responsible for payment of the Law Director's and Assistant Law Director's membership in municipal associations/programs which require membership by the municipal co r o p one::::>:>:;?arid::::<»;st~~'~'? `>~a~:>:»>::~~°~;<<<~r~~;<:>::::>::>~:_a:~r ra ......... t i ..... E. The Law Director shall cause to be installed at his own cost and expense separate dedicated telephone lines and related software so as to facilitate the exchange of data between the Law Director's computer system and that of the City of Dublin and vice versa. F. 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 SJS/BJG/KAA/234937 035505.078 Rev. February 13, 1997 3 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. CARLILE PATCHEN & MURPHY Stephen J. Smith, Law Director CITY OF DUBLIN Timothy C. Hansley, '~>C~~? Manager SJS/BJG/KAA/234937 035505.078 Rev. February 13, 1997 4