PROFFESIONAL SERVICE CONTRACT BETWEEN THE VILLAGE OF GRANVILLE AND D. MICHAEL CRITES
PREAMBLE
This Agreement made between the Village of Granville, an Ohio Municipal Corporation (the “Village”), and D. Michael Crites (“Law Director”) is made this 3rd day of December, 2008. In consideration of the mutual promises contained herein, the parties agree as follows:
1. PURPOSE OF REPRESENTATION
Pursuant to the Village Charter and laws of the State of Ohio, the Village hereby retains D. Michael Crites to serve as Law Director for the village and its elected and appointed officials. The Law Director shall be responsible for performing any and all duties pursuant to the Village Charter, Village Ordinances, and the laws of the State of Ohio. These services include, but are not limited to, attendance at all regular and special Council meetings; attendance at the following Commission meetings: Planning and the Board of Zoning and Building Appeals; researching and drafting of ordinances and agreements; prosecuting upon behalf of the Village all Mayor’s Court cases and cases prosecuted by the Village in Licking County Municipal Court as requested or needed; attendance at other board and commission meetings at the request of the Village Manager; providing legal advice to the Mayor, Council, Village Manager and staff as necessary or upon request; attendance at meetings involving the village with city, county, state and federal officials; review and approve all contracts and ordinances.
2. ATTORNEY FEES
Law Director and his law firm shall perform the following legal services on behalf of the Village for a total of twelve thousand dollars ($12,000), payable beginning January 1, 2009, and ending December 31, 2009, in twelve equal monthly installments of one thousand dollars $1,000). The payment for other services shall be a provided hereinafter in this Contract. In the event the Law Director or an Assistant Law Director desires inclusion in PERS for retirement purposes or any other reason, said inclusion shall be permitted as long as the total cost to the Village shall not exceed twelve thousand dollars ($12,000) during the term of this contract.
A. Attendance at all Regular and Special Council meetings;
B. Attendance at Regular Planning Commission and Board of Zoning and Building Appeal Meetings, as requested by the Village Manager; and
C. Reviewing and drafting all routine ordinances and resolutions.
The Law Director and his law firm shall perform the following services at the rate of One Hundred Twenty-Five Dollars ($125.00) per hour. In addition, law clerk time, if any, will be billed at Sixty-Five Dollars ($65.00) per hour.
A. Attendance at all other board and commission meetings upon the request of the Chairman or upon the request of the Village Manager.
B. Drafting, reviewing and approving all contracts, agreements, leases, legal documents and non-routine ordinances, resolutions and proclamations;
C. Providing legal advice to the Village Officials as necessary or upon request, and attending meetings and/or conferences as requested by village Officials;
D. Responding to Village Manager and staff inquiries;
E. Attendance at meetings with developers and staff;
F. Attendance at meetings and discussions with city, county, state and federal officials and other governmental officials;
G. Attendance at additional meetings not specified under the aforementioned paragraphs; and
H. All other work requested by the Village Manager, Mayor, Council, and/or staff.
3. A CONFLICT OF INTEREST
Law Director and his law firm, in addition to normal conflict checks, will make every conceivable effort to recognize and disclose to the Village any potential conflict or appearance of conflict as to all matters, and particularly with respect to economic issues. In the event a conflict situation arises, the Law Director will be responsible for arranging alternate representation with a disinterested law fir.
4. ASSISTANT LAW DIRECTOR
The Law Director, at his own discretion, shall utilize the services of other attorneys both within and outside the firm of his law firm.
5. BOND WORK
It is the anticipation of the Village and Law Department that the Village will contract with another outside law firm for all bond work, and the same will not be the responsibility of the Law Director.
6. LITIGATION
Litigation services are defined as drafting of complaints, responding to any complaint that has been filed against the Village, and all appellate and administrative matters. Litigation services shall be provided at an hourly rate of One Hundred Fifty-Five Dollars ($155.00) per hour for the Law Director or any affiliate of his firm with more than fifteen (15) years experience; at the rate of One Hundred Thirty Dollars ($130.00) per hour for any affiliate of his firm with between six (6) and fifteen (15) years experience; and at the rate of One Hundred Five Dollars ($150.00) per ;hour for any affiliate of his firm with less than six (6) years experience. IN addition, paralegal and law clerk time, if any, will be billed at Sixty-Five Dollars ($65.00) per hour.
7. VILLAGE PROSECUTION SERVICES
Law Director and his law firm shall handle the prosecutions in Granville Mayor’s Court. Attorney time on behalf of the Village shall be at an hourly rate of One Hundred Five Dollars $105.00) per hour. Paralegal and law clerk time, if any, will be billed at Sixty-Five Dollars ($65.00) per hour. Law Director, at his sole discretion, shall utilize the services of other attorneys both within and outside his law firm to serve as Village Prosecutors in Granville Mayor’s court. The Newark City Law Director’s Office shall handle the prosecutions in Licking county Municipal Court of all Granville cases and all appeals related thereto on behalf of the Village at fixed rate of $15,000.00 per year, payable in twelve equal monthly installments of $1,250,00. In the event of a conflict by the Newark City Law Director’s Office on any Granville prosecution in Licking County Municipal Court, the Law Director, upon request by the Newark City Law Director, shall handle the prosecution at an hourly rate consistent with the hourly rates charged the Village in Granville Mayor’s Court.
8. TAX COLLECTIONS
Law Director and his law firm, at the request of the Village Manager, shall pursue collection on tax accounts at a contingent fee rate of twenty-five percent (25%).
9. EXPENESE
Court costs and all reasonable expenses incurred by the Law Director and his firm shall be billed to the Village. Such expenses include, without limitations, funds advanced on behalf of the Village, telephone costs, postage, copying costs, on-line legal research costs, travel, parking, lodging, deposition and discovery costs, including court costs except as may otherwise be provided. The Village shall in no circumstance be responsible for any expenses of time incurred for travel to and from the Village in furtherance of Village business.
10. TERMS OF AGREEMENT
This Agreement shall be in full force and effect from January 1, 2009 through December 31, 2009.
IN WITNESS WHEREOF, the parties have executed this Agreement.
VILLAGE OF GRANVILLE
_________________________ By: __________________________
Date Don Holycross
Village Manager
_________________________ By: __________________________
Date D. Michael Crites
Village Law Director
