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HomeMy WebLinkAboutResolution-2006-0010 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 ~f 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. q?~f:;&4t/~ Gerald E. Dahl, City Attorney CITY OF WHEAT RIDGE, COLORADO PRESIDING JUDGE ~"~"f~ -2-