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HomeMy WebLinkAboutReso. 1980 - 286 - Approving contract with County of Shasta for employment of a part-time court clerk in connection with DUI enforcement program • .. RESOLUTION NO. R(J - yi!4 A RESOLUTION' OF THE CITY COUNCIL OF THE CITY OF REDDING • . APPROVING CONTRACT WITH COUNTY OF SHASTA FOR, EMPLOYMENT OF .A: PART.-TIME COURT CLERK IN CONNECTIONWITH DUI,- - ENFORCEMENT PROGRAM.. . . - - . • WHEREAS, the City of Redding is engaging in a concen- trated. DUI• enforcement ,program, with Federal grant ' funds' allo- ▪ cated for ,such purpose and administered by the State Office of - , : • ' Traffic Safety, and ' - WHEREAS, -the . rantl'Agreement approved by City Council Resolution No. 80-258provides funding for two years -in -:the total amount of $154 , 58/. 20 , which`:includes $16 , 678. 65 ''for a part-time • Court clerk to be employed `by the County of ,Shasta to process all City DUI cases, pursuant--to a Contract which is attached hereto, NOW, THEREFORE, BE IT RESOLVED that theCity Council hereby approves• the attached. Contract. with the County of Shasta, - providing for the employment by the County _ of a part,-time. Court • clerk to.:process City DUI cases, and authorizes the City'' Manager to ex• ecute .-said -Contract on behalf of the City.. • . I HEREBY CERTIFY that -the foregoing'Resolution was introduced and read at a regular meeting of the City Council of the City of -Redding on the 17th day of November , 1980 , and • . ' was duly adopted at said meeting by the following' vote: • AYES: COUNCILMEN: Demsher, Fulton.; Gard, Ki rkpatritek,a;Hugh`, • - ' NOES : -COUNCILMEN: None i �' • 2' ABSENT: COUNCILMEN: None ': • / . f - AT ST': : ,• b } 4 :. ;,3. �? - %/e 0 A.. ER . ;tea - , r� P e M yp..". the: City of Redding, . ' MIL RED L. 'B`RA t ,O ,. i ty:: lerk _ , FORM A ROVED: • , ?2/.../''-d:' f ./,' -1-4- asir.,-S..,'... t, '' ;,, .',. ,-, . • . RA DALL A'. -HAYS, City Attorney • .- - , (: • • CONTRACT THIS AGREEMENT, made and entered into this day of , 1980, by and between-the CITY OF REDDING, through its duly elected or appointed, qualified and acting City Manager, hereinafter called the Administrator, and the COUNTY OF SHASTA, hereinafter called the Contractor, WITNESSETH: That the Contractor for and in consideration of the cove- nants, conditions, agreements, and stipulations of the Administrator herein expressed, does hereby agree and furnish to the Administrator services and materials, as follows : Article I . Statement of Work. Contractor shall hire a part-time clerk who will be assigned to Redding Municipal Court. The primary duties of the court clerk will be to process, for court, and record, for analysis, all City DUI prosecutions. Furthermore, the court clerk will. assist with the Court calendar and in areas which will alleviate the increased workload caused by the Office of Traffic Safety pro-- . gram personnel and other studies and services needed to meet pro- ject objectives . Article II. Hiring. The part-time court clerk is a new position and it will nbt constitute a salary savings to the Contractor. The Contractor will advertise, interview and hire the court clerk, and be responsible for all personnel matters. • -1 ( • ( • Article III. Costs. Contractor shall be reimbursed monthly based upon the number of hours worked. Contractor shall maintain the original payment records and will submit monthly billings to the Adminis- trator. • The rate of pay for the part-time court clerk is $4. 68 per hour. The projected rate of pay for fiscal year 1981-32 is $5 . 24 per hour. After being employed one year, the employee' s rate of pay will be $5 . 50 per hour. The fiscal year 1981-82 salary and the one year merit increase include a twelve percent (12%) inflation factor. Fringe benefits for the part-time court clerk are as follows : • Fiscal year 1980-81 : 49. 37% of base wage. Fiscal year 1981-82 : 46 . 86% of base wage. One year increase : 45 . 26% of base wage. The part-time court clerk may not work more than 1040 hours in each of the two twelve-month periods. The court clerk is not to exceed $16 , 678 . 65 in salaries, fringe benefits and A-87 costs during the life of the grant. A-37 costs will be approved by the Office of Traffic Safety if the Contractor can provide a Federal Health, Education and Welfare rate. Article IV. Cost Limitation. Total expenditures made under this contract shall not exceed the sum of $16 , 678 . 65 . • -2- • • Article V. Subcontracting. Contractor shall not be permitted to subcontract any por- tion of this contract without the express written consent of the Administrator. Article VI . Completion Date.. Contractor shall employ one part-time court clerk beginning December 1, 1980. The court clerk shall terminate no later than November 30, 1982 . Article VII. Reports. Contractor shall furnish interim reports monthly and quarterly as to the progress of the study or upon demand by the Administrator or the Office of Traffic Safety. A final report in draft form shall be provided the Administrator and the Office of Traffic Safety thirty days prior to contract termination for review, recommendations and approval by both parties prior to the Contractor furnishing fifty printed copies of the approved final report. Final report is due thirty days after project completion. Costs incidental to the report' s preparation or delivery that are incurred subsequent to the termination date of the project are not allowable. Article VIII . Project Inspection. The Office of Traffic Safety, the National Highway Traffic Safety Administration, the Federal Highway Administration , and the Administrator may review and inspect the Contractor ' s , activities during the progress of the program. Article IX. Accounting Records. Contractor must maintain accounting records and other evidence pertaining to costs incurred, which records and documents -3- • III ( III • shall be kept available at the Contractor' s California office dur- ing the contract period and thereafter for three years from the date of final payment of Federal funds hereunder. Article X. Contract Termination. This contract may be terminated at any time for breach, and Administrator may terminate unilaterally and without cause upon thirty days written notice to the Contractor. All work per- formed pursuant to the contract and prior to the date of termina- • tion may be claimed for reimbursement. Article XI . Assignability. Contractor shall not assign or transfer interest in this contract without the prior written consent of the Administrator and the Office of Traffic Safety. Article XII . Amendment. It is mutually understood and agreed that no alteration or variation of the terms of this contract, or any subcontract re- quiring the approval of the Administrator and/or the Office of • Traffic Safety, shall be valid unless made in. writing, signed by the parties hereto, and approved by all necessary parties. • Article XIII . Non-Solicitation Clause. The Contractor warrants that he has not employed or re- tained any company or persons, other than a bona fide employee working solely for the consultant, to solicit or secure this con- tract and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the State shall have the right to annul this con- -4- tract without liability, or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Article XIV. Equal Opportunity Assurance. During the performance of this contract, the Contractor agrees as follows: a. The Contractor will' not discriminate against any employee or applicant for employment because of race, sex, creed, color or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color or national origin. Such action shall include, ,but not be limited to, the following : employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selec- tion for training, including apprenticeship. The Contractor agrees • to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non- discrimination clause. b.- The Contractor will , in all solicitations or advertise- ments for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration .for employ- ment without regard to race, sex, creed, color or national origin. c. The Contractor will send to each labor union or repre- sentative of workers with which he has a collective bargaining agree- ment or contract or understanding, a notice advising the labor union or. workers' representative of the Contractor' s commitments under -5- 1. (' w this non-discrimination clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The Contractor will permit access to his books, re- cords and accounts by the applicant agency, the State, the Federal Highway Administration, and/or the National Highway Traffic Safety Administration for purposes of investigation to ascertain compli- ance with this non-discrimination clause. e. In the event of the Contractor' s noncompliance with the non-discrimination clauses of this contract, this contract may • be canceled, terminated or suspended in whole or in part. Article XV. Final Approval. • Final approval of this contract will be by the Office of Traffic Safety. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF REDDING ATTEST: By WILLIAM BRICKWOOD MILDRED L. BRAYTON, City Clerk City Manager FORM APPROVED: • RANDALL A. HAYS , City Attorney COUNTY OF SHASTA By -6-