79-06 Resolution
RECORD OF RESOLUTIONS
_ _D_,,!yton .Legall3l~~k-,_~~l?~,_Form No. ~Oq~_5___
Resolution No. 79-06
,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 City of 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 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 "An with the Delaware Municipal Prosecutor to
prosecute City of Dublin cases before the Delaware Municipal Court.
Section 2. This Resolution is effective upon passage, in accordance with
Section 4.04 (a) of the City of Dublin Revised Charter.
Passed this2Mh day of /VPtJ~~h~"" , 2006
ATTEST:
~(L~
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.
Court Services
6565 Commerce Parkway
Dublin, Ohio 43017 Memo
CITY OF DUBLIN Phone: 614-410-4920 * Fax: 614-761-6598
To: Members of Dublin City Council
From: Jane S. Brautigam, City ManageJ _-]Z~ <5 i2J~~
Date: November 16, 2006
Initiated By: Lisa Wilson, Court Administrator
Re: Resolution 79-06, Delaware City Prosecutor Contract for 2007
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 2007.
The language in the contract is unchanged from 2006.
Recommendation
Staff is recommending adoption at the November 20 Council meeting.
Daniel 5:.~~1)Ai~t9~
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ATTORNEY AT LAW
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October 25, 2006
Renee Telfer
Court Admistrator
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 Prosecutor's Office in the Delaware
Municipal Court for the calendar year 2007.
The compensation has remained the same this year and is a fee per contested
case of $140 with a minimum of $250 per year. 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.
Sincerely yours, ~
Daniel B. Bennington
City Attorney
City of Delaware, Ohio
Enclosure (2)
PROFESSIONAL SERVICES AGREEMENT
This agreement is made this _ day of , 2006 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. II 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. NA TURE OF EMPLOYMENT
Dublin does hereby contract with and engage the Delaware, Ohio Citv
-
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,
2007 and ending December 31, 2007 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 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:
CITY OF DUBLIN, OHIO
Approved as to Form: By:
Its:
Law Director
City of Dublin, Ohio
CERTIFICATION OF CITY FINANCE DIRECTOR
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: CITY OF DELAWARE
PROSECUTOR'S OFFICE
.
By:
R. Thomas Homan, City Manager
By:
Peter Ruffing, City Prosecutor