35-02 Ordinance AMENDED RECORD OF ORDINANCES
Da on Le al Blank Co. Form No. 30043
Ordinance No ................35-02..amended.... Passed
AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO ENTER INTO AONE-YEAR CONTRACT
WITH THE LAW DIRECTOR
WHEREAS, Law Director Stephen J. Smith has agreed to renew his 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.
Section 2. That the City Manager is hereby authorized to enter into aone-year
contract commencing April 1, 2002 and continuing through March 31, 2003 with
Stephen J. Smith to provide legal services for the City of Dublin.
Section 3. That this Ordinance shall take effect and be in force in accordance
with Section 4.04(a) of the Dublin City Charter.
Passed this ~ day of 2002.
Mayor -Presiding Officer
ATTEST:
~
Clerk of Council
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
C c of Council, Dublin, Ohio
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), made this 1 S` day of April,
2002.
WITNESSETH:
WHEREAS, Dublin and the Law Director wish to continue their professional
relationship for a one (1) 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.
K. Attendance at meetings, and discussions with City, County, State and Federal
officials and other governmental officials.
1
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, Stephen J. Smith, Jr. shall continue to serve as Assistant Law
Director/Prosecutor.
3. Term. This contract shall take effect and be in force from April 1, 2002 through
March 31, 2003. 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 $72,000.00, 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 which
would be classified as work product under Ohio law, which the Law Director shall,
2
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.
SCHOTTENSTEIN, ZOX & DUNN
_.~--.a
_
Stephen J. Smith, Law Direc
CITY OF DUBLIN
Marsha I. Grigsby, Interim City Manager
3