Resolution 002-18RECORD OF RESOLUTIONS
Dayton Legal Blank, Inc., Foran No. 30045
Resolution No.
02-18
Passed
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH THE DELAWARE CITY
PROSECUTOR IN THE DELAWARE MUNICIPAL COURT
,20
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 for 2018.
NOW, THE EFORE, BE IT RESOLVED by the Council of the City of Dublin, State
of Ohio, 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 Resolution is effective upon passage, in accordance with Section
4.04(a) of the Revise Charter.
assed this day of , 2018.
yor - Pbesic(yi (g Officer
TTEST:
Of
Clerk of Council
R
oDublin
Office of the Colty Manager
5200 Emerald Parkway * Dublin, OH 43017-109
Phone: 614-410-4400 o Fax: 614-410-4490 1
To: Members of Dublin City Council
From: Dana L. McDaniel, City Mana
Initiated Bys, Lisa Wilson Schoning, Director of Court Services
Date:, January 4,, 2018
Re.,a Resolution No. 02-18 — Delaware Prosecutor Contract
Staff recommends adoption of Resolution 02-18 at the January 9, 2018 Council meeting.
PROFESSIONAL SERVICES AGREEMENT
This agreement is made this day of , 20 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
fourth; 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 Municipality 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 Law Director at least seven days
prior to a scheduled hearing in that specific case. Dublin reserves the right under
this contract to represent itself or obtain other representation in any specific
case filed in or coming 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 Dublin Law Director, 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, 2018 and ending December 31, 2018 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 $210 per contested case prosecuted,
with a minimum of $300 dollars per year. The Prosecutor 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 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 established by the Internal Revenue Service, 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:
CITY OF DUBLIN, OHIO
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Approved as to Form:
City Attorney City of Dublin, Ohio
City Manager
CERTIFICATION OF DIRECTOR OF FINANCE
Dublin 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.
Director of Finance
CITY OF DELAWARE, OHIO
R. Thomas Homan, ICMA-CM
City Manager
Approved as to Form:
Darren Shulman
City Attorney
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The term of this Agreement shall be for a period commencing on the
January 1, 20 18 and ending December 31, 20 1 8 subject, however, to prior
termination as hereinafter provided. Cases that are commenced or concluded
between these dates are subject to this contract.
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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.
The parties hereto agree that it ls 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 vear first above writtem
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Approved as to Forrn�
City Attorney City of Dublin, Ohio
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City Manager
By:
Director of Finance
By:
R. Thomas Homan, ICMA-CM
City Manager
Approved as to Form-,
Darren Shulman
City Attorney