25-04 Resolution
RECORD OF RESOLUTIONS
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Resolution No. 25-04 Passed .20
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A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO A TWO-YEAR CONTRACT
WITH THE LAW DIRECTOR
WHEREAS, Law Director Stephen J. Smith has agreed to renew his contract with
the City of Dublin.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, J- ofthe elected members concurring:
Section 1. That the City Manager is hereby authorized to enter into a two-year
contract, attached hereto as Exhibit "A" commencing May 1, 2004 and continuing
through April 30, 2006 with Stephen J. Smith to provide legal services for the City
of Dublin in accordance with the terms approved by Council.
Section 2. That this Resolution shall take effect and be in force from and after
the earliest date permitted by law.
Passed this / 7f" -,
day of m~ 2004.
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ATTEST:
~~ Cd (2-t~~
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.
~itJ X ~
ty Clerk of Council, Dublin, Ohio
Office of the City Manager
5200 Emerald Parkway, Dublin, Ohio 43017
CITY OF DUBLIN_ Phone: 614-410-4401 · Fax: 614-410-4490 Memo
To: Members of City Council
From: Jane S. Brautigam, City Manage0~ S. 0~'
Date: May 13,2004
Re: Renewal of Contract with Law Director
In Dublin, the contract between the City and the Law Director is reviewed annually by the City Manager
with a recommendation to Council concerning the contract renewal. Based on the Law Director's
performance in the last year, I am recommending that the contract be renewed at this time for a period of
two years, effective May 1, 2004. Under the terms of the proposed new contract, the cost for services
would remain as it has been in the past year as follows:
1. For Routine Services, $60,000 per month;
2. For 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.
The one new addition to the Agreement relates to the provision of services in traffic and criminal matters
that are removed from Mayor's Court to Franklin County Municipal Court. In the past, the City has
contracted with the Franklin County Prosecutor's Office for these services, spending approximately
$15,000 per year. The City has not always been represented as vigorously in these matters as in Mayor's
Court where we have more control over the disposition of cases. Accordingly, we have negotiated with
the Law Director to provide these services under the new contract for a total cost of$15,000 per year.
,- Attached to this memo is a copy of the proposed two-year contract as well as the resolution authorizing
the City Manager to sign the contract.
Recommendation:
Adoption of Resolution approving a two-year contract with the Law Director.
AGREEMENT BETWEEN THE CITY OF DUBLIN
AND STEPHEN J. SMITH, ATTORNEY
FOR SERVICES AS LAW DIRECTOR
This contract is for Law Director services between the City of Dublin, an Ohio Municipal
Corporation, (Dublin) and Stephen J. Smith, Attorney, (Law Director), effective this 1st day of
May 2004.
WITNESSETH:
WHEREAS, Dublin and the Law Director wish to continue their professional
relationship for a two (2) 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 $60,000.00 per month.
a. Attendance at all regular and special Council meetings.
b. Attendance at all regular and special Planning and Zoning Commission meetings.
c. Attendance at other board and commission meetings upon the request of the
chairman or upon request of the City Manager.
d. Drafting of ordinances and resolutions upon request of the City Manager or Staff.
e. Attendance at additional meetings not specified under Routine Services.
f. Representing the City in all administrative hearings and general litigation.
General litigation shall be defined as eminent domain cases of a non complex
nature and other litigation matters of a minor nature that do not involve significant
discovery, attendance at hearings, and motion practice. Administrative hearings
shall also include administrative (Chapter 2506) appeals from Dublin boards and
commissions to the common pleas court level.
g. All other work and legal memoranda as requested by the City Manager, Staff
and/or Council subject to prior approval of the City Manager.
h. Providing legal advice to City officials as necessary or upon request, and
attending meetings and/or conferences as requested by City officials.
(110433066.1 I 1
Exhibit "A"
1. Responding to City Manager and Staff inquiries.
J. Attendance at meetings, and discussions with City, County, State and Federal
officials and other governmental officials.
k. Attendance at meetings with the development community and Staff.
1. Review and approval of all contracts, ordinances, etc.
m. 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. 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 May 1, 2004 through April 30,
2006. 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.
{H0433066.1 l 2
Exhibit "A"
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
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.
SCHOTTENSTEIN, ZOX & DUNN
~~
Stephen J. Smith, Law Director
CITY OF DUBLIN
Ua-v~. 0 ~~
Jane Brautigam, ~ger
{H0433066.1 } 3