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148-97 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 O~'dinance No.______148-97___ -_ Passed_______.___.___ - - - -- ----19 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE FRANI~I.IN COUNTY PUBLIC DEFENDER COMIVIISSION FOR THE DEFENSE OF INDIGENT DEFENDANTS. WI~REAS, the Franklin County Public Defender's Office is not willing to provide its services to the City of Dublin Mayor's Court; and WHEREAS, the City of Dublin has a constitutional duty to provide some mechanism whereby indigent defendants may obtain court-appointed counsel; and WHEREAS, the public defender's office is willing to enter into a contract with the City to provide defense services to indigent defendants whose cases are transferred from the City of Dublin Mayor's Court to the Franklin County Municipal Court. NOW, T~FORE BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring: Section 1. That the City Manager is hereby authorized to execute the contract attached hereto as Exhibit "A" with the Franklin County Public Defender Commission, wherein said commission shall provide legal defense services to defendants whose cases have been transferred from the City of Dublin Mayor's Court to the Franklin County Municipal Court. Section 2. That this ordinance shall take effect on the earliest date permitted by law. Passed this l s~ day of ~ e Ct eh~ ~ / , 1997. ,~ ayor -Presiding Officer ATTEST: Clerk of Council 1 hereby cert:f that copses of thEs Ordnance/IMsefot+ee-were posted in the City of D~~blin in accordance with Section 731.25 of the Ohio Revised Code. ~ Clerl of to '1, Dubli Ohio _: - M - FRANKLIN COUNTY - ~' ~ - ' ' PUBLIC DEFENDS ~ „ - z 373 S. HIGH ST. 112TH FLOOR • COLUMBUS, OHIO 43215-6302 (614) 462-3194 • (614) 645-8980 :._ Fax (614) 461-6470 October 27, 1997 Honorable Joel Campbell Mayor City of Dublin 6565 Commerce Parkway Dublin, Ohio 43017 Dear Mr. Mayor: The existing contract for indigent defense representation with your City is scheduled to expire December 31, 1997. Enclosed please find a copy of a new contract for your review and hopefully your signature. The cost per case remains at $50.00. Please contact me if you have any questions concerning the above. Very. _tru~i yours, !"" Executi a ~~~ary Enclosure CONTRACT This Agreement, beginning on January 1, 1998, by and between the Franklin County Public Defender Commission, pursuant to Ohio Rev. Code, section 120.14(E), and the City of Dublin, for the defense of indigent defendants before the Franklin County Municipal Court; the parties agree as follows: The Franklin County Public Defender Commission hereby agrees to represent, through the personnel employed by the Franklin County Public Defender Commission, all indigent persons, coming before the Franklin County Municipal Court, Criminal Division, charged with a violation of an ordinance of the City of Dublin, which occur within the limits of Dublin, Ohio; provided that the Franklin County Public Defender Commission, reserves the right to decline representation if a conflict of interest exists in any specific case ~iied in or coming before the Franklin County Municipal Court; and, provided further, that the Mayor of Dublin, Ohio, reserves the right to appoint other counsel to represent defendants charged with a violation of an ordinance of Dublin, Ohio, or traffic and/or criminal statutes of the State of Ohio, which occur within the jurisdictional limits of Dublin, Ohio in any specific case filed in or coming before the Franklin County Municipal Court. The City of Dublin agrees to pay the sum of $50.00 per case. Said sum due to be stated by invoice from the Franklin County Public Defender at quarterly intervals. Checks or warrants should be made payable to the Columbus City Treasurer - Public Defender Service. This contract may be terminated by either party at any time before the expiration of the contract, by giving thirty (30) days written notice to the other party, of its intention to terminate. The parties further agree that this Contract shall be in full force and effect from the date first written above through December 31, 1998, unless terminated earlier, as provided herein. IN~TITNESS WHER , the parties have executed this Cont.ra_~,. this ~_ day of ~ ~ ~~~~ , 199. City of Dublin BY: City Manage of Dublin Frankli County Public Defender Commission ti BY• ~. ichard F. Swope Chairman CITT OF DL~BLI 6665 Coffman Road ~""""' Dublin, Ohio 43011-1006 Phone/TDD: 614/161-6500 wrn Fax: 614/889-0140 Beverly A. Leake Franklin County Public Defender's Office 373 S. High Street, 12th Floor Columbus, OH 43215-6302 RE: Contract for Indigent Defense Representation For the City of Dublin Dear Ms. Leake: Enclosed is the executed contract for indigent defense representation on behalf of the City of Dublin. Please return a copy to us after it is executed by the Chairman of the Franklin County Public Defender Commission. Thank you. Sincerely, ~~ - Anne C. Clarke Clerk of Council r CONTRACT This Agreement, beginning on January 1, 1998, by and between the Franklin County Public Defender Commission, pursuant to Ohio Rev. Code, section 120.14(E), and the City of Dublin, for the defense of indigent defendants before the Franklin County Municipal Court; the parties agree as follows: The Franklin County Public Defender Commission hereby agrees to represent, through the personnel employed by the Franklin County Public Defender Commission, all indigent persons, coming before the Franklin County Municipal Court, Criminal Division, charged with a violation of an ordinance of the City of Dublin, which occur within the limits of Dublin, Ohio; provided that the Franklin County Public Defender Commission, reserves the right to decline representation if a conflict of interest exists in any specific case filed in or coming before the Franklin County Municipal Court; and, provided further, that the Mayor of Dublin, Ohio, reserves the right to appoint other counsel to represent defendants charged with a violation of an ordinance of Dublin, Ohio, or traffic and/or criminal statutes of the State of Ohio, which occur within the jurisdictional limits of Dublin, Ohio in any specific case filed in or coming before the Franklin County Municipal Court. The City of Dublin agrees to pay the sum of $50.00 per case. Said sum due to be stated by invoice from the Franklin County Public Defender at quarterly intervals. Checks or warrants should be made payable to the Columbus City Treasurer - Public Defender service. This contract may be terminated by either party at any time before the expiration of the contract, by giving thirty (30) days written notice to the other party, of its intention to terminate. "~'" The parties further agree that this Contract shall be in full force and effect from the date first written above through December ;~ 31, 1998, unless terminated earlier, as provided herein. IN WITNESS WHEREOF, the parties have executed this Car_tra.±, this day of , 199 . City of Dublin BY: e~ City Manage of Dublin Franklin County Public Defender Commission BY: Richard F. Swope Chairman