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Res 176-84 9/18/1984RESOLUTION NO. //V-414 RESOLUTION APPROVING COURT REPORTER'S CONTRACT FOR FISCAL YEAR 1984-85 , 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 18th day of September, 1984 . Y O R ATTEST: City erk THE STATE OF TEXAS X COUNTY OF WICHITA X WITNESSETH this agreement made this day of 1984 , between the City of Wichita Falls, a municipal corporation, hereinafter referred to as the "City" , and Carol Smith, hereinafter referred to as the "Reporter" , TERM AND DUTIES For and in consideration of the compensation set out below, the 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. The Reporter shall commence her duties under the terms of this contract on the day of 1984 , and per- form them, as hereinafter set out, until and including the day of 1985 . The 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, the 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, the Reporter agrees to report the preceding Thursday' s morning session of the Court. COMPENSATION As compensation for the services rendered under this agreement, the City agrees to pay to the 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. The City will provide all office supplies, including , but not limited to, stenotype paper, necessary for the performance of the Reporter' s duties under this agreement. RECORD Upon completion of each Court session reported, the Reporter agrees to deliver, to the Clerk of the Municipal Court, the verbatim record of the Court proceedings recorded. The Reporter agrees that she will, without additional charge to the 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 the Reporter at the rate of Three Dollars 3 . 00) per page. SUBSTITUTE REPORTER In the event that the Reporter, whether due to illness or any other reason, cannot perform 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 the Reporter be unable to. provide a Substitute, then the City of Wichita Falls 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 the 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 the Reporter from attendance, with the understanding that upon adequate notice to the Reporter, the Presiding Judge may 2 require such excused time to be made up on a Tuesday or Thursday, as the scheduling of cases may require. Furthermore, in order to clear a crowded court docket, the Judge and the Reporter may agree that the 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 The 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 provided further, 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 the Reporter shall not be obligated to provide a Certified Court Reporter to perform her duties while she is on vacation. TERMINATION The retention of the Reporter shall continue only as long as the services rendered by the Reporter are satisfactory to the full-time Presiding Judge of the Municipal Court of Record of the City of Wichita Falls, regardless of any other provision contained in this agreement. The Presiding Judge shall be the sole judge as to whether the services of the Court Reporter are satisfactory. If the Reporter willfully breaches or habitually neglects the duties which she agrees to perform herein, the City of Wichita Falls may at its option terminate this agreement by giving written notice of termination to the Reporter without prejudice to any other remedy to which the City may be entitled to, either at law or in equity, under this agreement. The Reporter has the right to terminate 3 - 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. EFFECT OF TERMINATION ON COMPENSATION In the event of the termination of this agreement prior to the completion of the term specified herein, the 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. The 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 retention of the 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 By: James Berzina, City Manager ATTEST:Carol Smith City Clerk 4