Resolution 66-12RECORD OF RESOLUTIONS
Blank. Inc.. Form No 30005
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Resolution No
Passed , 2 0
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 2013.
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 Iq-�A day of /VOV2A , 2012
Mayor - • ing Officer
ATTEST:
vey�
Clerk of Council
Office of the City Manager
City of Dublin Pho n ne: 614 - 410.4400- Fax: 6 614 - 4490 43017-1090
To: Members of Dublin City Council
From: Marsha I. Grigsby, City Manager
Date: November 15, 2012
Initiated By: Lisa Wilson, Court Administrator
Re: Resolution 66 -12 — Delaware Prosecutor Contract
Summary
IQ 14
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 2013.
The terms of the contract for 2013 are $175 per case, which reflects a $25 increase per case over
the 2012 contract, and includes a minimum payment of $300 per year.
As of November 8, 2012 the total payment made under the 2012 contract is $300, reflecting two
cases handled by the Delaware City Prosecutor.
Recommendation
Staff recommends adoption of Resolution 66 -12 at the November 19, 2012 Council meeting.
CITY OF DELAWARiP12 POV -8 AM 9: 57
October 25, 2012
CITY Or DUBLIN
DIVISION Of
COURT SERVICES
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 third quarter of 2012. Also enclosed
is a copy of the agreement for 2013, which reflects at $25.00 increase for
contested cases, with a minimum of $300.00 per year.
Please contact me if you have any questions or if you would be interested in a
flat rate for services model.
Sincerely,
Darren Shulman
City Attorney
Office of the City Atlomey • City Hall • t South Sandusky Street • Delaware, Ohio 43015
dshulanan(a dclawamohio.net • 740.203.1014 • Fax 740.203.1021
PROFESSIONAL SERVICES AGREEMENT
This agreement is made this day of ' 20 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." 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 fourth; 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 Law Director at least seven
days prior to a scheduled hearing in that specific case. Dublin reserves the
right under this contract to represent itself or obtain other representation in
any specific case filed in or coming 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 Dublin Law Director, 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, 2013 and ending December 31, 2013 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 $175.00 per contested case
prosecuted, with a minimum of $300.00 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. 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 parry 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
MA
Marsha Grigsby, City Manager
Approved as to Form:
City Attorney City of Dublin, Ohio
CERTIFICATION OF DIRECTOR OF FINANCE
Dublin Director of Finance 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.
0
Director of Finance
CITY OF DELAWARE, OHIO
PROSECUTOR'S OFFICE
LN
R. Thomas Homan, City Manager
Approved as to Form:
Darren Shulman
City Attorney
City of Delaware, Ohio