Resolution 14-12RECORD OF RESOLUTIONS
Inc. Farts No. 30045
14 -12
Resolution No. Parsed 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 2012.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, —17— 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 day o d lr 2012
Mayor- P si ing Officer
ATTEST:
Clerk of Council
Office of the City Manager
City of Dublin Pho n ne: 614 -410.4 00 • Fax:b614 -0410 -4490 1090
To: Members of Dublin City Council
From: Marsha I. Grigsby, City Manager -5 —
Date: February 23, 2012
Initiated By: Lisa Wilson, Court Administrator
Re: Resolution 14 -12 — Delaware City Prosecutor Contract
Memo
Summary
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 2012.
The terms of the contract for 2012 are unchanged from those of the 2011 contract.
During 2011, the total payment made under the contract was $600, reflecting four cases handled
by the Delaware City Prosecutor.
Recommendation
Staff recommends adoption of Resolution 14 -12 at the February 27, 2012 Council meeting.
PROFESSIONAL SERVICES AGREEMENT
Tliis a� greement is rnacle this day of 2012 I)v and
between the City of D hereinafter referred to as "Dublin", and the Cit of
01 ProseCL-itor's Office hereinafter referred to <i.s the "}'cosec t-itor."
beInc ". to erigagc the Prosecutor rrnrl the ProsccL.a(. being willing
to be engaged by Dublin on the terms, coveriarits and conclitions hereiriafter set
foi-irth; 'it. is herel. agreed .-i.s follows:
1. NATURE Ole' EMPLOYMENT
1XIbI.H.1 does hereby Cor.1tract with and engage the Delaware, Ohio City
Ptosc(-Litor's Office, the address of which is 70 N. Union Street, Delaware. Ohio
1-3015, i..o prosectite all cases coming before the Delaware Mi-inicipal Cw,irl,
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I
('T-iniina,t Division., arising out of alleged. violations of the (A-lininal, Traffic and
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Zoning Sections of the Codified Ordinances of tl Winicipality ()I'Dt-iltblin, Ohio
and the Crirriinal r:ind Traffic Sections of the (..)h.lo Revised Code whicl occL,ii
within the Jurisdictional limits of Dublin; provided however that the Delaware
City ProsccLitor reserves the right to decline to represent Dublin L,inder this
contract in any speci
'fi . i
c case filed in or corning before [.Delaware .he Dela Mt.iniciip,--il
Court. upon, giving written notice to the Dublin Law Director at least sevcyi
days prior to a scheduled hearing In that specific case, Di-iblin reserves ti-le
right i-inder t-1-its contract. to represent: itself or obtain other representation 1111.
any specific case filed In or coming before the Delaware Municipal C( by
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vin written notice to the Delaware City ProsecLitol- at least seven clays be f'011
1-� � - � -
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a scliech.fled bearing in a specific case, that Dublin Li to rctalri of -fier
counsel in that specific case, and other counsel so entering appearance,
De lawax City Prosecutor I'Lirther agrees that. lie wi-11 consult wit!". an(I
'Icivise he DUblir! Law Director, when necessary, coricerjaing the prosect,,ition
and cril"Orcerrient 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, 2012 and ending December 31, 2012 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 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 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 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. T RMINATION OF AGREEMENT
Notwitlistanding to the contrary contained in this Agreerlient.,
both parties are hereby givers the optiorr to terminate this Ag e c4rrrent
Written notice presented to the other party thirty (30) da),"s prier w terrninat.ion.
No otl -car re q° -iirc nients are rieeessan, to terrxrinate this Anreemerrt.
i. APPLICABLE LAW
The parties hereto agree that it is thr_ir interrtior7 that ttris Agreement acid
tl -lc; perforrria.nce hereunder be construed in accordance with tfica hiws of tfi
St'itc of Ohio.
IN WITNESS WHEREOF, the parties have signed this Agrec;rrierrt on tll
clay.- and scar first above written:
CITY OF DUBLIN, 0 110
Marsl - i<:r (_xrisby, City M�:ariagcr
Approvc'Id s to Forrrr:
City At:t.orriey
City of Dublin, Ohio
C'P OF DIRECTOR OF FINANCE
Di Director of I n, hereby certifies that., the necessiry ftinds �,).re
,nv�,,i,iLible as this is -i coat .ii contract, to be perforn.ied iri % oi in part. ire
an ensuing fiscal year and the amount required to meet the obligation in the°
fiscal in, whicli the coritract, is made, has been. Liwfull for
sucli purpose and is in the treasury or iri process of collection to the credit of
an appropriate fund free from any previous encumbrances.
BY :
Dlrcctor� of Fni.ance
CITY OF DELAWARE, OHIO
PROSECUTOR'S OFFICE
0
R. Thomas Honian, City Mcai
Approved as to Form:
Darren Shuli
City Atl,orriey
City (-A' Delaware, Ohio
January 18, 2012
Ms. Marsha Grigsby, City Manager
5200 Emerald Parkway
Dublin, Ohio 43017
Dear Ms. Grigsby:
Attached please find the invoice for prosecutor services rendered by the
Delaware City Prosecutor's Office for the fourth quarter of 2011. Also please
find a copy of an agreement for 2012, which remains unchanged from 2011.
As you may be aware, I am the new city attorney, replacing Dan Bennington,
and Mark Corroto is the new city prosecutor, replacing Pete Ruffing. In light of
these staff changes, I am hoping to schedule a meeting with the person in
charge of these agreements to discuss any changes in the agreement going into
2013.
Please contact Michele Kohler at mkohler(uldelawareohio at your
convenience, and she will schedule a meeting.
I look forward to working with you.
Sincerely,
DARREN
Darren Shulman
City Attorney
Dublin Fourth Quarter -2011
2 X $150.00 = $300
January 11, 2012
11CR
SULLIVAN,
DUB
GRIFFIT
OBSTRUCTIN
DISMISS
12/2
B013
KELSEY L
H, PT.
G OFFICIAL
OTHER
1/20
04 -A
BUSINESS
AFTER NG
11
PLEA
I1CR
BARROW,
DUB
GRIFFIT
DOMESTIC
DISMISS
10 /1
B018
AUSTIN C
H, PT.
VIOLENCE
OTHER
9/20
83 -A
Ml
AFTER NG
11
PLEA