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J RESOLUTION NO. 2018-05 INTRODUCED BY: Mayor Bodnar and Council as a Whole A RESOLUTION CONFIRMING THE APPOINTMENT OF SPECIAL COUNSEL FOR ONGOING MATTERS WHEREAS, pursuant to Section 4 of Article V of the Mayfield Village Charter, the Mayor has appointed Anthony J. Coyne as the Village's Law Director and has appointed Joseph W. Diemert as special counsel to augment the services of the Law Director during the transition and to substitute for him in the following ongoing matters, during and after the transition: Westchester Surplus Lines Insurance Co., et al. vs. Mayfield Village, Cuyahoga County Common Pleas Case No. CV-15-854771; GeoYgian Medical Arts II, LLC vs. Village of Mayfield, Cuyahoga County Common Pleas Case No. CV-17-879064; and Negotiation of Development Agreement with Artis Senior Living for facility to be located at 285 North Commons Blvd., Mayfield Village, Ohio. BE IT RESOLVED BY THE COUNCIL OF MAYFIELD VILLAGE, OHIO, THAT: SECTION 1. The appointment of Joseph W. Diemert as special counsel to augment the services of the Law Director during the transition and with regard to ongoing litigation, as set forth above, is hereby confirmed, effective January 1, 2018. SECTION 2. In the matters for which special counsel is engaged, the Law Director shall have no responsibility or liability for the work of the special counsel, nor any obligation to review the invoices related thereto, unless requested by the Mayor or Council. Special counsel shall be paid at a rate of $175.00 an hour, to be billed against an initial paid retainer of $5,000.00. After the retainer is exhausted, subsequent billings shall be paid monthly. In addition, special counsel shall be reimbursed for all actual out-of-pocket expenses reasonably and necessarily incurred. SECTION 3. This.resolution shall be adopted upon passage by Council and signature by the Mayor.