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HomeMy WebLinkAbout47-00 Ordinance AMENDED RECORD OF ORDINANCES Dayton Legal Blank Co Form No. 30043 Ordinance No ......................47-0.0.. (Ame..nded) Passed - - AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO ATWO-YEAR CONTRACT WITH THE LAW DIRECTOR, AND DECLARING AN EMERGENCY WHEREAS, Law Director Stephen J. Smith has agreed to enter into a renewal of his t~ee.~ea~ contract with the City of Dublin; and WHEREAS, the City Manager recommends approval of the proposed contract, attached hereto as Exhibit "A". NOW, THEREFORE, 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. 0 Section 2. That the City Manager is hereby authorized to enter into a year contract commencing April 1, 2000 and continuing until March 31, 2002 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 for the immediate preservation of the public peace, health, safety or welfare, and for the further reason that the previous contract has expired. Therefore, this ordinance shall be effective upon passage. ~ Passed this ~ ~E~ day of , 2000. Mayor -Presiding Officer ATTEST: C~~'J~w~~- ~ '~-~sr.~~, Clerk of Council k h~orr,k3;~ tert~ly tkartt canios of this ~r~~IlaracaiRFSOi~tlal~ were poste;; in the 6ity of Clul~lin iit atcbrtlant~ with Section 731.25 of the tN~io devised Code. 1 ~ Q,oa~ tier ~ Council, Dublin, Qhia P:\DATA\COUNCIL\ORDINANC\2000\47-00 LAW DIRECTOR'S CONTRACT.DOC ~ - .....,.~..e,..v,...1,n... Exhibit A AGREEMENT BETWEEN THE CITY OF DUBLIN AND STEPHEN J. SMITH, ATTORNEY FOR SERVICES AS 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), is made this 15` day of April, 2000. 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 $120.00 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. 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. 1 ...~,a..~.~..~. , . . . ~ _ ..._..,w... 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. 3. Term. This contract shall take effect and be in force from April 1, 2000 through March 31, 2002. However, at any point during the term of this Contract, Dublin may terminate this Agreement for cause. 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. 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 2 m ..,.J., ~ 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 designed by the City Manager. IN WITNESS WHEREOF, the parties have executed this Agreement. SCHOTTENSTEIN, ZOX & DUNN ~t~~~~ Stephen J. Smith, Law Director CITY OF DUBLIN Timothy C. Hansley, City ager F:\szd\Smiths\DUBLIN.CTY\Law Director's Contract 355050.1.doc 3 ~w s.,_._~ . ~ _ rv ,wwW~,w~.,~,._ , 1 . • • DATE: March 16, 2000 RE: Law Director's Contract Attached is Ordinance 47-00, which authorizes a new three-year contract with the Law Director, Stephen J. Smith. Mr. Smith's memo outlines the changes from the existing contract. As Council is aware, since the time that the previous contract was executed, Mr. Smith has joined the firm of Schottenstein, Zox & Dunn. I believe that this has benefited the City in two ways: 1) this larger firm offers a full range of legal resources to the City; and 2) it provides an opportunity to consolidate services, as the City's special labor counsel, Bob Wiseman is a member of this firm as well. Mr. Smith and his associates have provided excellent service to the City of Dublin during a period in which the City has faced complex growth and development issues. I am recommending retention of Mr. Smith as Law Director by your approval of this ordinance. I would be happy to respond to any questions which you may have in regard to this matter. ORD. 47-00 MEMORANDUM TO: Timothy C. Hansley and Dublin City Council Members FROM: Stephen J. Smith ' DATE: March 6, 2000 ° RE: Law Director's Contract As I am sure you are aware, my three-year contract expires at the end of March 2000. It is my desire and, obviously my firm's desire, to have that contract renewed. In reviewing our records and discussing this matter with Marsha Grigsby, I find it has been seven years since we have received an increase in our hourly rate. Most of you were not on Council when the existing $95.00 hourly contract rate was established. This rate was based in part upon the $95.00 an hour rate established by the Ohio Attorney General's office for outside counsel. In the past few years, that fee has been increased to $125.00 per hour. Additionally, the surrounding communities such as Hilliard and New Albany have increased their hourly rate for outside services for contract law firms from anywhere between $125.00 and $150.00 per hour. As such, I would propose an hourly rate of $120.00 per hour. Council in its approved budget has already provided for an increase in the Law Department budget for this year. I would estimate that this budget increase should cover the proposed hourly rate increase for the year 2000. I would suggest the first reading of the contract occur at our March 20`'' meeting and the second reading occur at the first meeting in April. I would like to point out that I believe the relocation of my practice to my current firm has vastly increased our ability to serve Dublin, with a higher level of expertise, improved overall efficiency, as well as much faster turn around times. As always, my files, records, and statements are open for your perusal. Finally, let me say again that it has been an honor and privilege to serve as Dublin's Law Director over the last 21 years and I look forward to earning the right to continue for many years to come.