89-04 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank. Inc. Form No. 30043
i Ordinance No. g9-~4 Passed 20
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AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT
WITH THE DELAWARE CITY PROSECUTOR IN
THE DELAWARE MUNICIPAL COURT, AND
DECLARING AN EMERGENCY
WHEREAS, the services of the Delaware City Prosecutor are required to prosecute
Dublin cases in the Delaware Municipal Court; and
WHEREAS, the Delaware Municipal Prosecutor has requested that the City of
Dublin execute a contract to formalize this arrangement.
NOW, THERFRF,,FFORE, 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 Delaware Municipal Prosecutor to prosecute
Dublin cases before the Delaware Municipal Court.
SECTION 2. 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 present contract will expire on December 31, 2004.
Passed this day of ~l~e~~m~ _~ , 2004
Mayor -Presiding Officer
ATTEST:
~~ ~ Ge~~
Clerk of Council
Division of Court Services
6565 Commerce Parkway Dublin, OH 43017
Phone: 614-410-4920 • Fax: 614-410-4490
CITY OF DUBLIN
Memo
To: Members of the Dublin City Council
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From: Jane S. Brautigam, City Manager ~~Jc~-ti-..~ -.- `i (~j,,~a_c~_t.:..z~>x,..->~;,.~
:,
Date: December 6, 2004
Initiated By: Donald W. Colby, Director of Court Services
Re: DELAWARE CITY PROSECUTOR CONTRACT -ORDINANCE 89-04
Summary:
Attached is legislation authorizing an annual contract with the Delaware City Prosecutor for cases
generated by the City of Dublin in the Delaware Municipal Court in 2005. The cost of the contract has
decreased appreciably in the past two years. The cost in the past has been a flat fee of $1000 and $500
for years 2003 and 2004 respectively.
The new contract provides for a payment of $140.00 per case with a yearly minimum cost of $250.00.
The City of Dublin will be billed quarterly for services provided. To date in 2004, the City of Dublin
Mayor's Court has not transferred any cases to the Delaware Municipal Court. However, there may
have been cases directly filed by the Division of Police, which would be covered by this contract.
Recommendation:
The contract has been reviewed by the Law Director's office and has been approved as to form. The
changes to the contract appear to have little potential impact on the City of Dublin and I would
recommend that the contract be approved and implemented.
PROFESSIONAL SERVICES AGREEMENT
This agreement is made this day of , 2004 by and between
the City of Dublin, hereinafter referred to as "Dublin', and the City of Delaware, Ohio
Prosecutor's Office hereinafter referred to as the "Prosecutor." Dublin being willing to
engage the Prosecutor and the Prosecutor being willing to be engaged by Dublin on the
terms, covenants and conditions hereinafter set forth; it is hereby agreed as follows:
1. NATURE OF EMPLOYMENT
Dublin does hereby contract with and engage the Delaware, Ohio City
Prosecutor's Office, the address of which is 70 N. Union Street, Delaware, Ohio 43015,
to prosecute all cases coming before the Delaware Municipal Court, Criminal Division,
arising out of alleged violations of the Criminal, Traffic and Zoning Sections of the
Codified Ordinances of the City of Dublin ,Ohio, and the Criminal and Traffic Sections
of the Ohio Revised Code which occur within the jurisdictional limits of Dublin ;
provided however that the Delaware City Prosecutor reserves the right to decline to
represent Dublin under this contract in any specific case filed in or coming before the
Delaware Municipal Court, upon giving written notice to the Dublin Chief of Police at
least seven days prior to a scheduled hearing in that specific case; and provided further
that Dublin reserves the right under this contract to obtain other representation before
the Delaware Municipal Court by giving written notice to the Delaware City Prosecutor
at least seven days before a scheduled hearing in a specific case, that Dublin intends to
retain other counsel in that specific case, and other counsel so entering appearance.
Delaware City Prosecutor further agrees that he will consult with and advise the
appropriate officials of Dublin, when necessary, concerning the prosecution and
enforcement of the Codified Ordinances of Dublin and perform such other duties as are
customarily performed by one holding such position in other similar municipalities.
However, nothing herein shall be construed to limit the reasonable prosecutorial
discretion of the Delaware City Prosecutor.
2. TERM OF EMPLOYMENT
The term of this Agreement shall be for a period commencing on the January 1,
2005 and ending December 31, 2005 subject, however, to prior termination as
hereinafter provided. Cases that are commenced or concluded between these dates are
subject to this contract.
3. PAYMENT AND REIMBURSEMENT
Dublin shall pay the Prosecutor and the Prosecutor shall agree to accept from
Dublin compensation at the rate of $140.00 per contested case prosecuted, with a
minimum of $250.00 dollars per year. The City acknowledges receipt of the minimum
for the period covered by this contract. A "contested case' for this document is one in
which the defendant enters a plea of "not guilty" or it's equivalent, and thus requires
further procedures after arraignment. There will be no separate charge for prosecutions
terminated at or before arraignment. Provided however, Dublin agrees that it will
reimburse the Prosecutor for any and all necessary expenses incurred on behalf of
Dublin including mileage at the rate of $0. 375 per mile, but excluding materials, paper
and secretarial expenses which the Prosecutor agrees to pay from the stated
compensation. The prosecutor shall bill Dublin quarterly, for cases terminated during
the preceding quarter, and compensation shall be paid within 30 days of billing.
4. TERMINATION OF AGREEMENT
Notwithstanding anything to the contrary contained in this Agreement, both
parties are hereby given the option to terminate this Agreement upon written notice
presented to the other party thirty (30) days prior to termination. No other
requirements are necessary to terminate this Agreement.
5. APPLICABLE LAW
The parties hereto agree that it is their intention that this Agreement and the
performance hereunder be construed in accordance with the laws of the State of Ohio.
IN WITNESS WHEREOF, the parties have signed this Agreement on the day and
year first above written:
Approved as to Form:
Law Director
City of Dublin, Ohio
CITY OF DUBLIN, OHIO
By:
I
CERTIFICATION OF VILLAGE CLERK
Dublin City Finance Director hereby certifies that the necessary funds are available as
this is a continuing contract to be performed in whole or in part in an ensuing fiscal year and
the amount required to meet the obligation in the fiscal year in which the contract is made, has
been lawfully appropriated for such purpose and is in the treasury or in process of collection to
the credit of an appropriate fund free from any previous encumbrances.
City Finance Director
Approved as to Form:
...,
Daniel B. Bennington
Delaware City Attorney
CITY OF DELAWARE
PROSECUTOR'S OFFICE
By:
By:
R. Thomas Homan, City Manager
Peter Ruffing, City Prosecutor