58-06 Resolution
RECORD OF RESOLUTIONS
Dayt()~_~~gal Blan~._I_~(?~,_F~_~m No. 3.o.0~~
Resolution No. 58-06 (Amended) Passed ,20_
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO A THREE-YEAR CONTRACT FOR
THE PROVISION OF LEGAL SERVICES
WHEREAS, Law Director Stephen J. Smith has agreed to renew his contract
to provide legal services to the City of Dublin; and
WHEREAS, Dublin City Council has reviewed the terms of the three-year
contract, attached hereto as Exhibit "A," commencing June 1, 2006 and
continuing through May 30, 2009 and determined the terms to be acceptable;
NOW, THEREFO'}f 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 enter into a three-year
contract with Stephen J. Smith, attorney, for the provision of legal services to
the City of Dublin in accordance with the terms approved by Council.
Section 2. This Resolution shall take effect and be in force from and after
the earliest date permitted by law.
Passed this ~ day of ~ 2006.
, ~tt~
AC;1 I f Mayor - P esiding Ottic
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.
Office of the City Manager
5200 Emerald Parkway · Dublin, OR 43017 Memo
Phone: 614-410-4400 · Fax: 614-410-4490
CITY OF DUBLIN.
To: Members of Dublin City Council
From: Jane S. Brautigam, City Manager \.. ""-GVv0l-S~'
Date: June 12,2006
Re: Resolution 58-06 Renewal of Contract with Law Director
Background
Attached is a recommended contract between the City and Law Director for legal services. The
contract is for a period of three years, commencing on May 1, 2006. The contract includes the
following provisions:
1. Routine Services, $66,000 per month;
2. Mayor's Court Services, $9,000 per month;
3. For complex litigation, a negotiated rate based upon the approval of the City Manager prior
to the commencement of services.
Additionally, the contract includes a provision to pay $15,000 per year for services provided in
conjunction with traffic and criminal matters at Franklin County Municipal Court.
This proposed agreement includes the first rate increase request for routine services in six years.
This increase results in an average increase of only 1.66% annually over the six-year period of
May 2003 to May 2009.
Recommendation
Staff recommends approval of Resolution 58-06, authorizing the City Manager to execute a
contract with Stephen J. Smith for legal services, commencing May 1, 2006.
AGREEMENT BETWEEN THE CITY OF DUBLIN
AND STEPHEN J. SMITH/SCHOTTENSTEIN, ZOX & DUNN
FOR SERVICES AS LAW DIRECTOR
This contract for the services of Law Director between the City of Dublin, an Ohio
Municipal Corporation, ("Dublin") and Stephen J. Smith/Schottenstein, Zox & Dunn, ("Law
Director"), effective this I st day of June 2006.
WITNESSETH:
WHEREAS, Dublin and the Law Director wish to continue their professional
relationship for a three (3) 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$66,000.00 per month.
a. Attendance at all regular Council meetings.
b. Attendance at all regular Planning and Zoning Commission meetings.
c. Attendance at other routine board and commission meetings upon the request of
the chairman or upon request of the City Manager.
d. Drafting of ordinances and resolutions arising in the normal course of municipal
operation upon request of the City Manager or Staff.
e. Representing the City in all administrative hearings and general litigation.
General litigation shall be defined as administrative (Chapter 2506) appeals from
Dublin boards and commissions to the common pleas court level.
f. All other routine written documents and legal memoranda as requested by the
City Manager, Staff and/or Council subject to prior approval of the City Manager.
g. Providing legal advice to City officials as necessary or upon request, and
attending meetings and/or conferences as requested by City officials.
h. Responding to City Manager and Staff inquiries.
1. Attendance at routine meetings with the development community and Staff.
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J. Review and approval of all contracts, ordinances, etc.
k. Land acquisition shall be a part of general services on matters defined as normal
contractual issues. However, other land acquisition matters of a more complex
nature will be handled on a case by case basis with prior approval of the City
Manager as to rates and staffing.
2. Lith!ation. Complex litigation will be defined as major litigation that involves, for
example purposes only, significant written or oral discovery, significant motion practice,
and attendance at hearings before a judge and/or a jury. Complex litigation shall also
include Chapter 2506 appeals that proceed past the common pleas level and eminent
domain proceedings. All rates for complex litigation shall be pre-approved by the City
Manager prior to the Law Department commencing work on any individual matter.
Applicable rates will be negotiated at the time the complex litigation arises and will be
based upon staffing needs and selection of legal expertise by the City Manager.
3. 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.
4. Term. This contract shall take effect and be in force from June 1, 2006 through May 31,
2009. However, at any point during the term of this Contract, either Party may terminate
this Agreement upon providing sixty (60) days' notice of its intent to terminate to the
other Party.
5. Miscellaneous Provisions.
a. 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, and the City Manager.
b. Mayor's Court services shall be billed as a flat rate annual fee of $108,000.00,
payable in equal monthly installments. Moreover, the Law Director shall increase
staffing to additionally handle all traffic and criminal matters in Franklin County
Municipal Court and shall be paid $15,000 per year for that service.
c. 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.
d. 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
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Law Director shall, 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.
STEPHEN J. SMITH/SCHOTTENSTEIN, ZOX
& DUNN
<94-;;&~,L
Stephen J. Smith, Law Director
CITY OF DUBLIN
c=r~6-G -- .
Jane Brautigam, ~
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