Res 152-85 10/1/1985P
RESOLUTION NO. /G —g
RESOLUTION APPROVING COURT REPORTER ' S CONTRACT
FOR FISCAL YEAR 1985-86 , AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE SAME FOR THE CITY OF
WICHITA FALLS .
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS , TEXAS , THAT :
The City Manager is hereby authorized to enter into a contract ,
a copy of which is attached hereto , with Carol Smith , for the
furnishing of Court Reporting Services to the Wichita Falls
Municipal Court of Record .
PASSED AND APPROVED this the 1st day of October , 1985 .
A Y O R _...
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ATTEST :
City Clerk
THE STATE OF TEXAS
COUNTY OF WICHITA
WITNESSETH this agreement made this day of
1985 , between the City of Wichita Falls , a municipal corporation ,
hereinafter referred to as "City" , and Carol Smith, hereinafter
referred to as "Reporter" ,
TERMS AND DUTIES
For and in consideration of the compensation set out below,
Reporter hereby agrees to serve as the Court Reporter of the
Municipal Court of Record of the City of Wichita Falls , and in
such capacity , to make a verbatim record of all trials , pre-trials
and all other oral court proceedings by means of written symbols
or abbreviations in shorthand or machine shorthand writing , or
oral stenography .
Reporter shall commence her duties under the terms of this
contract on the day of 1985 , and perform them,
as hereinafter set out , until and including the day of
1986 .
Reporter agrees to perform the aforementioned duties at
the morning and afternoon sessions of the Municipal Court on
each Monday , Wednesday and Friday that the Court is in session ,
except as follows : if any legal holiday falls on a Monday , and
the Court is not in session , Reporter agrees to report the following
Tuesday ' s morning session of the Court ; if any legal holiday
falls on a Friday , and the Court is not ' in session , Reporter
agrees to report the preceding Thursday ' s morning session of
the Court .
COMPENSATION
As compensation for the services rendered under this agreement ,
City agrees to pay to Reporter the sum of $19 , 500.00 per year ,
payable in equal bi-weekly installments of $750 . 00 , payable on
the same day that regular City employees are paid .
e
City will provide all office supplies , including , but not
limited to , stenotype paper , necessary for the performance of
Reporter ' s duties under this agreement .
RECORD
Upon completion of each Court session reported , Reporter
agrees to deliver , to the Clerk of the Municipal Court , the
verbatim record of the Court proceedings recorded .
Reporter agrees that she will , without additional charge
to City , prepare or cause to be prepared six (6) statements of
facts in cases appealed from the Municipal Court of Record , during
the duration of this contract . Any statements of fact prepared
in excess of six (6) during the contract period shall be prepared
or caused to be prepared by Reporter at the rate of Three Dollars
3 .00) per page .
SUBSTITUTE REPORTER
In the event that Reporter , whether due to illness or any
other reason , cannot peform her duties under this agreement ,
she agrees to provide , at her own expense , a Certified Court
Reporter , acceptable to the Presiding Judge , to perform her duties
pursuant to the terms of this agreement . Should Reporter be
unable to provide a Substitute , then City may employ a Substitute
Certified Court Reporter . Such Substitute shall be paid by the
City , but for each Monday , Wednesday or Friday on which the City-
paid Substitute works , $125 .00 shall be deducted from Reporter ' s
renumeration .
SCHEDULE CHANGES
In the event that if , on a particular Monday , Wednesday ,
or Friday , there are no cases scheduled for trial , the Presiding
Judge may excuse Reporter from attendance, with the understanding
that upon adequate notice to Reporter , the Presiding Judge may
require such excused time to be made up on a Tuesday or Thursday ,
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as the scheduling of cases may require . Furthermore , in order
to clear a crowded court docket, the Judge and Reporter may
agree that Reporter will work on an additional Tuesday or Thursday,
for which Reporter will be compensated at the rate of $125 . 00
per day or $62 . 50 per half-day.
VACATION
Reporter shall be entitled to a two-week vacation with
full pay; provided that she notify the full-time Presiding Judge
of the Municipal Court no less than two weeks prior to the time
the vacation is to begin, and further provided that she take
the two-week vacation either in two one-week vacations or one
two-week vacation.
It is understood and agreed upon by the parties that the
two-week vacation includes only six (6) working days.
It is further understood and agreed upon that Reporter shall
not be obligated to provide a Certified Court Reporter to perform
her duties while she is on vacation.
TERMINATION
The City Manager may terminate this agreement by giving
thirty ( 30) days written notice of termination to Reporter.
Reporter has a right to terminate this contract provided she
furnish written notice of termination to the Presiding Judge of
the Municipal Court of Record of the City of Wichita Falls
at least thirty ( 30) days prior to the date of termination.
STATUS OF REPORTER
It is agreed and expressly warranted for all purposes that
the Reporter is an independent contractor and is not an employee
of the City of Wichita Falls .
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EFFECT OF TERMINATION ON COMPENSATION
In the event of the termination of this agreement prior
to the completion of the term specified herein, Reporter shall
be entitled to the compensation earned by her prior to the date
of termination as provided for in this agreement computed pro
rata up to and including the date of termination . Reporter shall
be entitled to no further compensation after the date of
termination of this agreement.
EXCLUSIVE AGREEMENT
This agreement supersedes any and all other agreements ,
either oral or written, between the parties hereto with respect
to the rentention of Reporter by the City of Wichita Falls and
contains all of the covenants and agreements between the parties
with respect to such services in any manner whatsoever.
EXECUTED at Wichita Falls, Texas , on the day and year first
above written.
CITY OF WICHITA FALLS , TEXAS
James Berzina, City Manager
ATTEST :
City Clerk
Carol Smith
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