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Home My WebLink Aboutresolution.council.011-25RESOLUTION #O11 (Series of 2025) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPOINTING TED D. GARDENSWARTZ AS JUDGE FOR THE MUNICIPAL COURT IN AND FOR THE CITY OF ASPEN AND AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT FOR JUDICIAL SERVICES WHEREAS, Ted D. Gardenswartz Esq., is an attorney -at -law licensed in the State of Colorado, and has approximately forty (40) years of experience in the practice of law in the Aspen community, and WHEREAS, Section 7.2(a) of the Home Rule Charter for the City of Aspen and Section 17.04.040(a) provides for the appointment by the Aspen City Council of a Municipal Court Judge for terms not less than two years; and WHEREAS, Ted Gardenswartz has served as the Deputy Municipal Judge since 2009 and meets all the qualifications required for the position; and WHEREAS, a contract for judicial services is attached hereto as Exhibit A. r NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: The City Council hereby appoints Ted D. Gardenswartz as Municipal Court Judge for the Municipal Court in and for the City of Aspen for a term of two years commencing on February 1, 2025. Furthermore, the City Council hereby authorizes the City Manager to execute a contract with Ted D. Gardenswartz for judicial services, attached hereto as Exhibit A. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 28t' day of January, 2025. Torre, Mayor I, Nicole Henning, City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of pen, Colorado, at a meeting held on the day herein above stateck Nicole Henlung, City Docusign Envelope ID: 02C5805B-686545D1-B9A6-3F12D3696B2C MUNICIPAL JUDGE SERVICES AGREEMENT BETWEEN THE CITY OF ASPEN AND TED D. GA"ENSWARTZ This Municipal Judge Services Agreement (the "Agreement") is made and entered into the 1st day of February, 2025 (the "Effective Date"), by and between the City of Aspen, a Colorado home rule municipality with an address of 427 Rio Grande Place, Aspen, Colorado, 31611, (the "City"), and Ted D. Gardenswartz an individual licensed to practice law in the State A Colorado ("Judge Gardenswartz") (each a "Party" and collectively the "Parties"). WHEREAS, the Aspen City Council hereby appoints Ted D. Gardenswartz as the City's presiding municipal judge pursuant to Section 7.2 of the City of Aspen Home Rule Charter and Section 17.04.040 of the City of Aspen Municipal Code; WHEREAS, Council desires to set the compensation of Judge Gardenswartz; and WHEREAS, Judge Gardenswartz desires to accept the appointment of Municipal Judge and the salary contained herein. Now Therefore, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Term. Judge Gardenswartz is hereby appointed as the presiding municipal court judge commencing on February 1, 2025, and continuing through January 31, 2027. Judge Gardenswartz may terminate this agreement, with or without cause, at any time by providing thirty (30) days advance written notice of his intent to resign the appointment. 2. Duties. Judge Gardenswartz shall preside as Judge over regular and special sessions of the City of Aspen Municipal Court. 3. Compensation. Judge Gardenswartz shall be compensated at a rate of $30,000 annually, to be paid in bi-weekly installments, for up to three standing court sessions each month, and additional court sessions for trials and evidentiary hearings as needed. In addition, the City shall provide health insurance benefits for Judge Gardenswartz and his spouse subject to the terms and conditions applicable to City employees, including premiums paid by City employees for the benefits. These benefits shall include health, dental, and visual insurance in accordance with the City's benefits policy. 4. Other Covenants. Judge Gardenswartz's performance and salary shall be reviewed by the City Council prior to the expiration of this Agreement. Judge Gardenswartz shall adhere to the highest professional conduct and ethics, including compliance with the Colorado Code of Judicial Conduct and all other applicable ethical standards. Docusign Envelope ID: 02C5805B-6865-45D1-B9A6-3F12D3696B2C 5. Removal. Pursuant to C.R.S. § 13-10-105(2), and Section 7.2 of the City. of Aspen Home Rule Charter, Judge Gardenswartz may only be removed for cause. 6. Miscellaneous. a. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. Nothing herein shall be deemed to create any terms, conditions or obligations in addition to those provided for in Section 7.2 of the City's Home Rule Charter, Section 17.04.040 of the City of Aspen Municipal Code, or C.R.S. § 13-10-105, nor is anything herein intended to change the nature of the Municipal Judge position as an appointed position under the Section 7.2 of the City's Home Rule Charter and C.R.S. § 13- 10405(1). This Agreement is simply intended to memorialize the term and salary of the Municipal Judge. b. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Pitkin County, Colorado. c. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the City shall not constitute a waiver of any of the other terms or obligation of this Agreement. d. Third Parties. There are no intended third -party beneficiaries to this Agreement. e. Notice. Any notice under this Agreement shall be in writing and shall be deemed sufficient when directly presented or sent pre -paid, first class U.S. Mail to the Party at the address set forth on the first page of this Agreement. f. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. g. Modification. This Agreement may only be modified upon written agreement of the Parties. h. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. i. Governmental Immunity. The City and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Docusign Envelope ID: 02C5805B-686545D1-B9A6-3F12D3696B2C Agreement, the monetary limitations or any other rights, immunities or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24- 10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. j. Sicbject to Annical Appj�op�iution. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the City not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. THE CITY OF ASPEN DocuSigned by: B Lta a. offy 4D214EE1942B... Sara Ott City Manager MUNICIPAL COURT JUDGE Signed by: By: