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Home My WebLink About109-95 Ordinance AMENDED ~ - - - -- ~.,.~,--._--,,~~ --.... , RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance No._ _n_1O_9_...9_5_u(Amended) P assed_nnnn-- _n__n_ _nm__m_nnmnn- ____19 -- --- -- AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW CONTRACT WITH THE ..- LAW DIRECTOR, AND DECLARING AN EMERGENCY - the city of Dublin has previously entered into an 1fBEREAS, agreement with Stephen J. smith for legal services; and 1fBEREAS, Stephen J. smith has agreed to enter into a new contract for said services under the same terms and conditions. NOW, THEREFORE BE IT OR?iINED by the council of the city of Dublin, State of Ohio, 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 Stephen J. smith to provide legal services for the City of Dublin. section 3. That this Ordinance is declared to be an emergency measure necessary to preserve the public health, safety and welfare and therefore shall take effect and be in force immediately upon passage. - Passed this ~ day of ~ , 1995. ...".. Mayor ~Mg Officer ATTEST: ~r!!-~ Clerk of Council - - , heretay ~ that ro,fes o' this OnrrnaMtl'Wa...f.sI"rr weN (IOItN i. flit City of Dubll" I" (KconfolKe wI'" Settilln 731 '5 "I ~ ~io IaYked Cedt. ~R~ ~ of uncif, Du n Ohio ".~".,~,,~,'~.,.".~._~.""~~_.~..<_~n"_'__.'__","_v'~'___""___.,~,___._._'"__..~~_ . 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 day of """'''lfiJ - , 1995. _ki;jl WITNESSETH: WHEREAS, Dublin and the Law Director wish to continue their professional relationship. NOW, THEREFORE, 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 the following routine services at the rate of $95.00 per hour: A. Attendance at all regular and special Council meetings. B. Attendance at all regular and special Planning and Zoning commission meetings. .~'tt C. Attendance at all sessions of Mayor's Court. D. Attendance at other board and commission -"'!$ meetings upon the request of the chairman or upon the request of the Manager. E. Drafting of ordinances and resolutions upon request of the Manager or Staff. F. Provide Manager with itemized monthly statement for services rendered. G. Attendance at additional meetings not specified under Regular Services. H. Representing the City in all litigation matters, administrative hearings, etc. SJS/BJG/173114 035505.078 ; I. All other work as requested by the Manager, Staff and/or Council subject to prior approval of the Manager. J. Providing legal advice to City officials as necessary or upon request, and attending meetings and/or conferences as requested by City officials. W'i".~'O;1 K. Responding to Manager and Staff inquiries. L. Attendance at meetings, and discussions with - city, County, State and Federal officials and other governmental officials. M. Attendance at meetings with the development community and Staff. N. 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. ","",,'1<li 3 . Miscellaneous Provisions. A. 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, except that 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. B. The Law Director shall cause to be installed at his own cost and expense separate dedicated SJS/BJG/173114 035505.078 2 I .. . . 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. C. 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. 4. Effective Date: The effective date of this contract is January I, 1996 through December 31, 1996. IN WITNESS WHEREOF, the parties have executed this Agreement. CARLILE PATCHEN & MURPHY Stephen J. Smith, Law Director CITY OF DUBLIN ~ Timothy C. Hansley, Manager _i#<!Ii SJS/BJG/173114 035505.078 3 . "." ..~._,i-'. --~...~ .'-4_-" " ~"",""",."""""'" "- r I N T E R - MEMO 0 F F I C E - To: Members of Dublin City Council From: Timothy C. Hansley, City Manager I ~~ Subject: Recommendation Regarding Legal Services Contract .' Date: November 16, 1995 The attached legislation provides for the continuation of our current contract with the Law Director for an additional year under the same terms and conditions as for the previous two years. As Council will recall from previous discussions, our Charter currently mandates that the City Manager recommends a Law Director to City Council who then may authorize no more than a one- year contract. It has been my belief in the past that this limitation on contract length would make it somewhat impractical, and adverse to the needs of the City, to seek formal proposals every year. The Charter Commission has reviewed this issue and is proposing language that will allow for multi-year contracts. If.this change is approved by Council and by the electorate, formal proposals will be sought in mid-1996 for services beginning in January, 1997. At that time, I would recommend, subject to review and approval of Council, a contract period ofthree years. ~11: In regard to the current situation, my recommendation is based on a very favorable review of the past several years oflegal activity. The move of Steve Smith and Mitch Banchefsky to the firm of Carlile ~!>Ii Patchen Murphy has greatly improved their ability to respond to our needs in a timely and professional manner. 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; especially for a one-year period. ~