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77-05 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, Inc. Form No. 30043 Ordinance No. 7705 Passed . 20. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE DELAWARE CITY PROSECUTOR IN THE DELAWARE MUNICIPAL COURT 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, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, vr-- of the elected members concurring that: SECTION 1. 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, 2005. The ordinance is therefore effective upon passage, in accordance with Section 4.04(a)(6) of the Revised Charter. Passed this f~~~ day of ,~--2C-~1-~-~.~~,~ ; 2005 ~. ~C-~Mayor - Pre ~ ing 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. De t~i y Clerk of Council, Dublin, Ohio CITY OF DUBLIPi Division of Court Services 6565 Commerce Parkway Dublin, Ohio 43017 Phone: 614-410-4920 * Fax: 614-761-6598 TO: Members of the Dublin City Council Memo FROM: Jane S. Brautigam, City Manager~~~. ~~ U ~„~,~J DATE: December 8, 2005 INITIATED BY: Renee Telfer, Court Administrator RE: Ordinance 77-05 -Delaware Prosecutor Contract Summary Attached is legislation authorizing a contract with the Delaware City Prosecutor for cases generated by the City of Dublin in the Delaware Municipal Court in 2006. The language in the contract is essentially unchanged from 2005, with the exception of a minor clarification that Dublin Police or Dublin Code Enforcement must be the investigating and/or citing agency in order for Delaware County to charge the City of Dublin for prosecuting the case(s) on the City's behalf. There was confusion this year regarding Delaware County charging the City of Dublin to prosecute a case in which the Delaware County Sheriffs Office was the citing agency. The amended language helps to better define the circumstances under which the City of Dublin will be responsible for the prosecution fee. The fee per case remains at $140. Recommendation Staff recommends Council dispense with the public hearing and pass the ordinance by emergency at the December 12 meeting in order to have the contract in place by January 1, 2006. EXHIBIT A AGREEMENT This agreement is made this the day of December, 2005 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 in which the Dublin Division of Police or Dublin Code Enforcement are the investigating and/or citing agency; 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 Che 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 ;tioeizo^~~ 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 AGREEMENT The term of this Agreement shall be for a period commencing on the January 1, 2006 and ending December 31, 2006 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. A "contested case" for this document is one in which the defendant enters a plea of "not guilty" or its 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. ;H0612025 ] ; 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 Ci[v of F)uhlin. nhio Jane S. Brautigam, City Manager CERTIFICATION OF CITY DIRECTOR OF FINANCE Dublin City Director of Finance 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. Marsha Grigsby, Director of Finance Approved as to Form: Daniel B. Bennington Delaware Cite Attorney CITY OF DUBLIN, OHIO By: CITY OF DELAWARE PROSECUTOR'S OFFICE Bv: By: R. Thomas Homan, City Manager Peter Ruffing, City Prosecutor {HOb L'02i'