02-10 ResolutionRECORD OF RESOLUTIONS
Inc.. Farts No. 300x5
02 -10
Resolution No. Passed . 20
A RESOLUTION 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 for 2010.
NOW, THEREFORE, 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 Revised Charter.
Passed this 14 day of 2010
Mayor - Presi(rjn 0 Officer
ATTEST:
Clerk of Council
CrrY OF DUBLIN_
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
Phone: 614 -410 -4400 • Fax: 614 - 410 -4490
To: Members of Dublin City Council
From: Terry Foegler, City Manager /C
Date: January 7, 2010 d u i
Initiated By: Lisa Wilson, Court Administrator
Summary
Re: Resolution 02 -10, Delaware Prosecutor Contract
Memo
Attached is legislation authorizing a contract with the City of Delaware's City Prosecutor for
cases generated by the City of Dublin in the Delaware Municipal Court in 2010.
The terms of the contract for 2010 are unchanged from those of the 2009 contract.
During 2009, the total payment made under the contract was $450.00, reflecting two cases
handled by the Delaware City Prosecutor.
Recommendation
Staff recommends adoption of Resolution 02 -10 on January 11, 2010.
s t t,� � � �t t t r � � '•3
CITY OF DELAWARE Q�C
r ,
November 30, 2009
Renee Telfer
Court Administrator
City of Dublin
6565 Commerce Parkway
Dublin, OH 43017 -1006
RE: Prosecutor Contract
Dear Ms. Telfer:
Enclosed you will find a contract for the provision of prosecutorial services to the
City of Dublin by the Delaware City Prosecutors Office in the Delaware
Municipal Court for the calendar year 2009.
The terms of the contract remain unchanged for 2010. Please review and let me
know if you have any questions or concerns. If acceptable, please execute both
copies of the agreement and return them to me. I will send you a fully executed
copy at that time.
Sinc yours, l
Daniel B. Bennington
City Attorney
City of Delaware, Ohio
Enclosure (2)
Office of the City Manager • City Hall • 1 South Sandusky Street • Delaware, Ohio 43015
cmo@delawareohio.net • 740.203.1010 • fax: 740.203.1024
PROFESSIONAL SERVICES AGREEMENT
This agreement is made this day of 2009 by and between
the Municipality 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 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 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,
2010 and ending December 31, 2010 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 $150.00 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 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:
as to Form:
City Attorney
City of Dublin, Ohio
CITY OF DUBLIN, OHIO
IN
CERTIFICATION OF CITY FINANCE DIRECTOR
City of Dublin 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
as to
Daniel B. Bennington
Delaware City Attorney
CITY OF DELAWARE
PROSECUTOR'S OFFICE
RE
0
R. Thomas Homan, City Manager
Peter Ruffing, City Prosecutor