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CITY OF WHEAT RIDGE
RESOLUTION 10
Series 2006
FIRST AMENDMENT TO
PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT
THIS FIRST AMENDMENT TO PRESIDING MUNICIPAL JUDGE SERVICES
AGREEMENT (this "Amendment") is entered into as of the 13th day of March 2006, by and
between the CITY OF WHEAT RIDGE, COLORADO (the "City") and CHRISTOPHER D,
RANDALL, ("Presiding Judge"), together referred to herein as the "Parties."
WHEREAS, the Parties entered into that certain Presiding Municipal Judge Services Agreement
dated August 23, 2004 (the August 23, 2004 Agreement), whereby the City contracted with the
Presiding Judge for municipal judge services, and
WHEREAS, the Parties wish to amend the August 23, 2004 Agreement to permit the Presiding
Judge to participate in the City's health and dental insurance programs.
NOW THEREFORE, in consideration of the mutual promise and covenants contained herein,
the Parties agree to amend the August 23, 2004 Agreement as follows
Amend Article 4 to read:
ARTICLE 4 - INDEPENDENT CONTRACTOR; INSURANCE
A. This Agreement is one for independent contractor services Neither Presiding
Judge, nor any employee or agent of Presiding Judge, shall be considered an employee of the
City for purposes of any federal or state law Notwithstanding the fact that Presiding Judge is
compensated as an independent contractor, pursuant to the Colorado Governmental Immunity
Act, SS 24-10-101 et seq, C RS, he is considered an appointed official of the City entitled to
any and all benefits of law pertaining to judicial or sovereign immunity and to coverage by the
City's insurance applicable to persons holding such a position FOR CLAIMS BROUGHT
AGAINST HIM IN HIS OFFICIAL CAPACITY OR ARISING OUT OF HIS PERFORMANCE OF
HIS OFFICIAL DUTIES AS DESCRIBED HEREIN
B. PRESIDING JUDGE SHALL BE ELIGIBLE TO PARTICIPATE IN THE HEALTH
AND DENTAL INSURANCE PROGRAMS AVAILABLE TO CITY EMPLOYEES, AT THE RATE
LEVEL APPLICABLE TO THE NUMBER OF HOURS OF WORK PERFORMED BY THE
PRESIDING JUDGE ON AN AVERAGE WEEKLY BASIS THE CITY AGREES TO PAY THE
APPLICABLE PREMIUM FOR THAT RATE LEVEL, CONSISTENT WITH THE CITY
INSURANCE PLAN AS AMENDED FROM TIME TO TIME.
C. Presiding Judge warrants that he has not employed or retained any company or
person, other than a bona fide employee working solely for him, to solicit or secure this
Agreement, and that he has not paid or agreed to pay any company or person, other than bona
fide employees working solely for Presiding Judge, any commission, percentage, brokerage fee,
gifts, or any other consideration, contingent upon or resulting from the appointment or making of
this Agreement. For breach or violation of this warranty, the City will have the right to annul this
Agreement without liability, or in its discretion to deduct from the Agreement price or
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consideration, or otherwise recover the full amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee
IN WITNESS WHEREOF, the Parties have executed this Agreement in two (2) copies,
each of which shall be deemed an original, as of the day and year first written above
ATTEST
(Seal)
APPROVED AS TO FORM.
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Gerald E. Dahl, City Attorney
CITY OF WHEAT RIDGE, COLORADO
PRESIDING JUDGE
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