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HomeMy WebLinkAbout11770RESOLUTION NO. 11770 A RESOLUTION APPROVING LEGAL SERVICES AGREEMENTS BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND PAUL J. WILLUMSTAD, MACLOVIO F. GALLEGOS, III, GORDON J. HURNE, AND JAGGER & JAGGER BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Legal Services Agreements between Pueblo, a Municipal Corporation, and Paul J. Willumstad, Maclovio F. Gallegos, III, Gordon J. Hurne, and Jagger & Jagger, Attorneys at Law, LLC, copies of which are attached hereto, having been approved as to form by the City Attorney, are hereby approved. Pursuant to Section 6 -7 of the City Charter, the City Attorney is authorized to execute and deliver the Legal Services Agreements for and on behalf of the City. SECTION 2 This Resolution shall become effective upon final passage and approval. INTRODUCED: December 14, 2009 F-W Ray Aquilera COUNCILPERSON APPR D' } �- PRESIDENTaf Cfty Council A77TSTED DY: CITY CLERK WIN Background Paper for Proposed RESOLUTION AGENDA ITEM # M -2 DATE: December 14, 2009 DEPARTMENT: Law Department TITLE A RESOLUTION APPROVING LEGAL SERVICES AGREEMENTS BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND PAUL J. WILLUMSTAD, MACLOVIO F. GALLEGOS, III, GORDON J. HURNE, AND JAGGER & JAGGER ISSUE Should the City Council approve the attached Legal Services Agreements? Approve the Legal Services Agreements. BACKGROUND During the period that Thomas E. Jagger has served as City Attorney under contract with the City, he has provided legal services via attorneys employed in his firm as well as by contract attorneys who perform more limited duties. Three of the attached contracts would continue the existing contract attorneys at their current 2009 level of compensation, and one would place a 9 -year employee of Mr. Jagger (Robert P. Jagger) under contract to perform specified City legal services. As provided by Section 6 -7 of the Charter, the Contract Attorneys will serve under the direction of the City Attorney. The continuation of these contracted legal services is in accordance with the transition plan for the Law Department previously approved by City Council. The total monthly contract fees, in the amount of $18,833 have been budgeted and appropriated in the 2010 Law Department budget under Professional Services. FINANCIAL IMPACT See Background. LEGAL SERVICES AGREEMENT THIS LEGAL SERVICES AGREEMENT ('Agreement ") is made and entered into this 14' day of December 2009, and effective as of January 2, 2010 by and between Pueblo, a Municipal Corporation (hereinafter referred to as "City "), and Paul J. Willumstad (hereinafter referred to as "Contract Attorney "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. Pursuant to the provisions of Section 6 -7 of the City Charter, the City Attorney hereby retains Contract Attorney to serve solely under his direction, to provide the following legal services for and on behalf of the City and its departments, bureaus, officers, agencies and affiliated entities: (a) Represent and advise the City Planning & Zoning Commission at all public hearings, workshops and meetings. Provide such legal advice during and between meetings as requested by the chairperson and members of the Planning Commission. (b) Represent and advise the Pueblo Zoning Board of Appeals at all public hearings and special meetings held by the Board. Provide such legal advice and opinions at or between meetings as requested by the chairperson and members of the Board of Appeals. (c) Draft, review and revise such ordinances and resolutions as needed for legislation coming before the Planning Commission. (d) Provide such legal advise and opinions and attend such meetings requested by the Director of Planning & Development and his four assistants. (e) Draft and provide such memoranda as needed to inform Planning & Development staff of new laws, regulations and case law relating to land use as enacted by the Colorado Legislature or issued by the Colorado appellate courts. (f) Receive and answer such telephone calls and walk -in contacts from the public, as directed by the City Attorney or his designee and the Planning & Development department. (g) Defend the City on Rule 106(a)(4), CRCP appeals from decisions made by the Planning and Zoning Commission and the Zoning Board of Appeals. (h) Provide such consultation, drafting and other assistance as requested by the City Attorney to City department heads. (i) Provide advice, ordinance preparation or review of forms when requested by the Public Works Department. (j) If requested by the City Attorney, attend City Council meetings and hearings when the City Attorney and Deputy City Attorney are unavailable. (k) Represent and advise the City Historic Preservation Commission at all public hearings, workshops and meetings conducted by the Commission and provide legal advice thereto. The foregoing legal services may be referred to herein as the "Contract Services." 2. All Contract Services shall be performed by Contract Attorney as an independent contractor and not as an employee of City. Contract Attorney shall be responsible for providing his or her own office space, secretarial services, professional registration fees, photocopying, printing, telephone, email, postage, legal research, legal malpractice insurance, and all other usual and customary expenses needed to provide legal services except for those costs specifically identified in Section 5(b) of this Agreement. Contract Attorney shall be responsible for, and obligated to pay in accordance with law, all withholding taxes, social security, medicare, unemployment compensation, workers' compensation, and other taxes with respect to the compensation payable to him /her hereunder, and shall indemnify and hold City harmless therefrom. 3. At all times during the term of this Agreement, Contract Attorney shall remain in good standing as a member of the Colorado Bar. Contract Attorney shall immediately notify the City Attorney in writing of any change in the status of the Contract Attorney's registration with the Colorado Supreme Court or of any decision with regard to Contract Attorney discipline rendered under the Rules of Procedure Regarding Attorney Discipline and Disability Proceedings. 4. Contract Attorney shall perform the Contract Services under the general supervision and direction of the City Attorney or his designee, and will advise and consult with the City Attorney or his designee regarding the Contract Services. 5. (a) As full compensation for the Contract Services performed by Contract Attorney hereunder, City shall pay to Contract Attorney, out of available funds in the Law Department (City Attorney) budgeted appropriation for Professional Services, the following amount or amounts: Commencing January 2010, Contract Attorney will be paid the fixed fee of $4,708 monthly, to be paid on or about the last day of each month. (b) In addition to the foregoing, upon furnishing documentation thereof, Contract Attorney will be reimbursed usual and customary costs for the following items which may be reasonably incurred by Contract Attorney: Lexis Nexis File & Serve fees, witness fees, transcript fees, and service of process fees. 6. (a) The term of this Agreement shall commence on January 1, 2010 and be for an FA indefinite period, subject to termination by the City Attorney on thirty days' prior written notice specifying the date of termination. Contract Attorney may terminate this Agreement upon sixty (60) days' prior written notice to City Attorney specifying the date of termination. (b) This Agreement may also be terminated at any time by City for cause, including but not limited to breach of a material term of the Agreement by Contract Attorney, violation of the Code of Professional Conduct or for conduct by Contract Attorney involving moral turpitude. (c) For City fiscal years after 2010, this Agreement is subject to and contingent upon lawful appropriation and availability of funds therefor. 7. In no event shall this Agreement or Contract Attorney's status as an Assistant City Attorney be construed to preclude him /her from maintaining his/her private law practice and carrying out the duties associated therewith; provided, however, that if and when Contract Attorney's duties as a private attorney result in any conflict, or appearance of conflict, with his /her position as a Contract Attorney under this Agreement, Contract Attorney shall promptly notify City Attorney in writing. Thereafter, City Attorney will consult with City Manager and /or City Council to determine if a conflict exists and how it should be resolved, and such determination by City will be final and conclusive. In any case, Contract Attorney's performance hereunder shall at all times, be subject to the Code of Professional Responsibility. The State Mandated or Related Contract Clauses set forth in Exhibit "A" hereto shall be and are hereby incorporated herein by reference; and Contract Attorney shall complete and return Exhibit 1 thereto to the City Attorney within 10 days of execution of this Agreement. 9. This Agreement constitutes the entire agreement between the parties and supersedes and replaces all prior and contemporaneous agreements, representations, and understandings between the parties. No modification of this Agreement, and no waiver of any of the terms, provisions or conditions of the Agreement shall be of any effect unless made in writing and signed by the Contract Attorney and the City Attorney. This Agreement is a personal services agreement and may not be assigned by Contract Attorney. 10. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together constitute one and the same agreement. Executed at Pueblo, Colorado, as of January 1, 2010. PUEBLO, AMUNICIPAL CORPORATION ( By / /!'["�1 U� I City Attor Ue TRA ATTORNEY L/P aul J. Wi 11 mstad Exhibit "A" State - Mandated or Related Contract Clauses As used in this section, "Contractor" shall mean the firm or entity ( whether referred to as Consultant, Company, Contractor, Architect, Accountant or by other term) entering into this Agreement with Pueblo, a Municipal Corporation ( which may be referred to in this Agreement as City, Client, Customer or by other term). PERA LIABILITY Contractor shall reimburse the City for the full amount of any employer contribution required to be paid by City to the Public Employees' Retirement Association ( "PERA ") for salary or other compensation paid to a PERA retiree performing contracted services for the City under this Agreement. Contractor shall fill out the questionnaire attached as Exhibit "I" and submit the completed form to City as part of the signed Agreement. SOLE SOURCE CONTRACTS - Article XXVIII of the Colorado Constitution was amended by vote of the people on November 4, 2008 ( "Amendment 54 ") to provide certain limitations on holders of "sole source' government contracts entered into by government entitles. On August 12, 2009, Denver District Court Judge Catherine Lemon issued an order granting a preliminary inj unction against enforcement of Amendment 54, holding that it violated rights of free speech and association guaranteed by the First Amendment. The parties agree that if, at any time during the term of this Agreement, a court of appropriate jurisdiction determines that (1) Amendment 54 is constitutional or otherwise lawful under applicable law; or (2) Amendment 54, if lawful, applies to agreements such as this Agreement and must be included in such agreements, then City and Contractor agree to negotiate the inclusion of complying Amendment 54 language in this Agreement. STATE - IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORM- ING WORK UNDER THIS CONTRACT (a) At or prior to the time for execution of this Contract, Contractor shall submit to the Purchasing Agent of the City its certification that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and that the Contractor will participate in either the "E- Verify Program" created in Public Law 208, 104' Congress, as amended and expanded in Public law 156, 108` Congress, as amended, that is administered by the United States Department of Homeland Security or the "Department Program" established pursuant to section 8- 17.5- 102(5)(c), C.R.S. that is administered by the Colorado Department of Labor and Employment in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Contract. (b) Contractor shall not: (I) Knowingly employ or contract with an illegal alien to perform work under this Contract; (II) Enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. (c) The following state- imposed requirements apply to this Contract: (I) The Contractor shall have confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in either the E- Verify Program or Department Program. (Il) The Contractor is prohibited from using either the E- Verify Program or Department Program procedures to undertake pre - employment screening of job applicants while this Contract is being performed. (III) If the Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien to perform work under this Contract, the Contractor shall be required to: A. Notify the subcontractor and the Purchasing Agent of the City within three (3) days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and B. Terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to subparagraph (c)(III)A. above the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if, during such three (3) days, the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (IV) The Contractor is required to comply with any reasonable request by the Colorado Department of Labor and Employment (hereinafter referred to as "CDLE ") made in the course of an investigation that CDLE is undertaking pursuant to its authority under §8- 17.5- 102(5), C.R.S. (d) Violation of this Section by the Contractor shall constitute a breach of contract and grounds for termination. In the event of such termination, the Contractor shall be liable for City's actual and consequential damages. (e) Nothing in this Section shall be construed as requiring the Contractor to violate any terms of participation in the E- Verify Program. EXHIBIT "1" COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO Pursuant to section 24 -51- 1101(2), C.R.S., salary or other compensation from the employment, engagement, retention or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement Association (PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to perform any service as an employee, contract employee, consultant, independent contractor, or through other arrangements, is subject to employer contributions to PERA by the City of Pueblo. Therefore, as a condition of contracting for services with the City of Pueblo, this document must be completed, signed and returned to the City of Pueblo: (a) Are you, or do you employ or engage in any capacity, including an independent contractoy, a PERA Retiree who will perform any services for the City of Pueblo? Yes No ✓ . (b) If you answered "yes" to (a) above, please answer the following question: Are you an individual, sole proprietor or partnership, or a business or company owned or operated by a PERA Retiree or an affiliated party? Yes , No . If you answered "yes" please state which of the above entities best describes your business: (c) If you answered "yes" to both (a) and (b), please provide the name, address and social security number of each such PERA Retiree. Name Address Name Address Social Security Number Social Security Number (If more than two, please attach a supplemental list) Failure to accurately complete, sign and return this document to the City of Pueblo may result in your being denied the privilege or doing business with the City of Pueblo. If you answered "yes" to both (a) and (b), you agree to reimburse the City of Pueblo for any employer contribution required to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or paid to any employee or independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo. You further authorize the City of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by the City of Pueblo under any current or future contract or other arrangem or se vices between you and the City of Pueblo. By_ Name: For purposes of responding to question (b) above, an "affiliated party" includes (1) any person who is the named beneficiary or cobeneficiary on the PERA account of the PERA Retiree; (2) any person who is a relative of the PERA Retiree by blood or adoption to and including parents, siblings, half - siblings, children, and grandchildren; (3) any person who is a relative of the PERA Retiree by marriage to and including spouse, spouse's parents, stepparents, stepchildren, stepsiblings, and spouse's siblings; and (4) any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's regular salary or compensation. LEGAL SERVICES AGREEMENT THIS LEGAL SERVICES AGREEMENT ( "Agreement ") is made and entered into this 14` day of December 2009, and effective as of January 2, 2010 by and between Pueblo, a Municipal Corporation (hereinafter referred to as "City "), and Maclovio F. Gallegos, III (hereinafter referred to as "Contract Attorney "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. Pursuant to the provisions of Section 6 -7 of the City Charter, the City Attorney hereby retains Contract Attorney to serve solely under his direction, to provide the following legal services for and on behalf of the City and its departments, bureaus, officers, agencies and affiliated entities: (a) Represent the City of Pueblo as Municipal Court prosecutor in all pre -trial conferences scheduled in Pueblo Municipal Court, relating to violations of City Ordinances and Charter, every other week, and prosecute all cases arising out of such pre -trial conferences through trial. (b) Consult with City Attorney or his designee regarding Ordinances and Charter violations, enforcement thereof, and procedures and issues relating thereto. The foregoing legal services may be referred to herein as the "Contract Services." 2. All Contract Services shall be performed by Contract Attorney as an independent contractor and not as an employee of City. Contract Attorney shall be responsible for providing his or her own office space, secretarial services, professional registration fees, photocopying, printing, telephone, email, postage, legal research, legal malpractice insurance, and all other usual and customary expenses needed to provide legal services except for those costs identified in Section 5(b) of this Agreement. Contract Attorney shall be responsible for, and obligated to pay in accordance with law, all withholding taxes, social security, medicare, unemployment compensation, workers' compensation, and other taxes with respect to the compensation payable to him/her hereunder, and shall indemnify and hold City harmless therefrom. 3. At all times during the term of this Agreement, Contract Attorney shall remain in good standing as a member of the Colorado Bar. Contract Attorney shall immediately notify the City Attorney in writing of any change in the status of the Contract Attorney's registration with the Colorado Supreme Court or of any decision with regard to Contract Attorney discipline rendered under the Rules of Procedure Regarding Attorney Discipline and Disability Proceedings. 4. Contract Attorney shall perform the Contract Services under the general supervision and direction of the City Attorney or his designee, and will advise and consult with the City Attorney or his designee regarding the Contract Services. (a) As full compensation for the Contract Services performed by Contract Attorney hereunder, City shall pay to Contract Attorney, out of available funds in the Law Department (City Attorney) budgeted appropriation for Professional Services, the following amount or amounts: Commencing January 2010, Contract Attorney will be paid the fixed fee of $2,830 monthly, to be paid on or about the last day of each month. (b) In addition to the foregoing, upon furnishing documentation thereof, Contract Attorney will be reimbursed usual and customary costs for the following items which may be reasonably incurred by Contract Attorney: Lexis Nexis File & Serve fees, witness fees, transcript fees, and service of process fees. 6. (a) The term of this Agreement shall commence on January 1, 2010 and be for an indefinite period, subject to termination by the City Attorney on thirty days' prior written notice specifying the date of termination. Contract Attorney may terminate this Agreement upon sixty (60) days' prior written notice to City Attorney specifying the date of termination. (b) This Agreement may also be terminated at any time by City for cause, including but not limited to breach of a material term of the Agreement by Contract Attorney, violation of the Code of Professional Conduct or for conduct by Contract Attorney involving moral turpitude. (c) For City fiscal years after 2010, this Agreement is subject to and contingent upon lawful appropriation and availability of funds therefor. 7. In no event shall this Agreement or Contract Attorney's status as an Assistant City Attorney be construed to preclude him/her from maintaining his/her private law practice and carrying out the duties associated therewith; provided, however, that if and when Contract Attorney's duties as a private attorney result in any conflict, or appearance of conflict, with his /her position as a Contract Attorney under this Agreement, Contract Attorney shall promptly notify City Attorney in writing. Thereafter, City Attorney will consult with City Manager and/or City Council to determine if a conflict exists and how it should be resolved, and such determination by City will be final and conclusive. In any case, Contract Attorney's performance hereunder shall at all times, be subject to the Code of Professional Responsibility. 8. The State Mandated or Related Contract Clauses set forth in Exhibit "A" hereto shall be and are hereby incorporated herein by reference; and Contract Attorney shalt complete and return Exhibit 1 thereto to the City Attorney within 10 days of execution of this Agreement. 9. This Agreement constitutes the entire agreement between the parties and supersedes and replaces all prior and contemporaneous agreements, representations, and understandings between the parties. No modification of this Agreement, and no waiver of any of the terms, provisions or conditions of the Agreement shall be of any effect unless made in writing and signed by the Contract Attorney and the City Attorney. This Agreement is a personal services agreement and may not be assigned by Contract Attorney. 2 10. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together constitute one and the same agreement. Executed at Pueblo, Colorado, as of January 1, 2010. PUEBLO, A MUNICIPAL CORPORATION By f�— /n ,/- City Attorne CONTRACT ATTORNEY -4 1 r o Maclovio F. Gal gos, II 1 I Exhibit "A" State - Mandated or Related Contract Clauses As used in this section, "Contractor" shall mean the firm or entity ( whether referred to as Consultant, Company, Contractor, Architect, Accountant or by other term) entering into this Agreement with Pueblo, a Municipal Corporation ( which may be referred to in this Agreement as City, Client, Customer or by other term). PERA LIABILITY Contractor shall reimburse the City for the full amount of any employer contribution required to be paid by City to the Public Employees' Retirement Association ( "PERA ") for salary or other compensation paid to a PERA retiree performing contracted services for the City under this Agreement. Contractor shall fill out the questionnaire attached as Exhibit "1" and submit the completed form to City as part of the signed Agreement. SOLE SOURCE CONTRACTS - Article XXVIII of the Colorado Constitution was amended by vote of the people on November 4, 2008 ( "Amendment 54 ") to provide certain limitations on holders of "sole source' government contracts entered into by government entitles. On August 12, 2009, Denver District Court Judge Catherine Lemon issued an order granting a preliminary injunction against enforcement of Amendment 54, holding that it violated rights of free speech and association guaranteed by the First Amendment. The parties agree that if, at any time during the term of this Agreement, a court of appropriate jurisdiction determines that (1) Amendment 54 is constitutional or otherwise lawful under applicable law; or (2) Amendment 54, if lawful, applies to agreements such as this Agreement and must be included in such agreements, then City and Contractor agree to negotiate the inclusion of complying Amendment 54 language in this Agreement. STATE - IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORM- ING WORK UNDER THIS CONTRACT (a) At or prior to the time for execution of this Contract, Contractor shall submit to the Purchasing Agent of the City its certification that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and that the Contractor will participate in either the "E- Verify Program" created in Public Law 208, 104' Congress, as amended and expanded in Public law 156, 108`' Congress, as amended, that is administered by the United States Department of Homeland Security or the 'Department Program" established pursuant to section 8- 17.5- 102(5)(c), C.R.S. that is administered by the Colorado Department of Labor and Employment in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Contract. (b) Contractor shall not: (I) Knowingly employ or contract with an illegal alien to perform work under this Contract; (II) Enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. (c) The following state - imposed requirements apply to this Contract: (I) The Contractor shall have confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in either the E- Verify Program or Department Program. (II) The Contractor is prohibited from using either the E- Verify Program or Department Program procedures to undertake pre- employment screening of job applicants while this Contract is being performed. (III) If the Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien to perform work under this Contract, the Contractor shall be required to: A. Notify the subcontractor and the Purchasing Agent of the City within three (3) days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and B. Terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to subparagraph (c)(III)A. above the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if, during such three (3) days, the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (IV) The Contractor is required to comply with any reasonable request by the Colorado Department of Labor and Employment (hereinafter referred to as "CDLE ") made in the course of an investigation that CDLE is undertaking pursuant to its authority under §8- 17.5- 102(5), C.R.S. (d) Violation of this Section by the Contractor shall constitute a breach of contract and grounds for termination. In the event of such termination, the Contractor shall be liable for City's actual and consequential damages. (e) Nothing in this Section shall be construed as requiring the Contractor to violate any terms of participation in the E -Verify Program. EXHIBIT "1" COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO Pursuant to section 24 -51- 1101(2), C.R.S., salary or other compensation from the employment, engagement, retention or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement Association (PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to perform any service as an employee, contract employee, consultant, independent contractor, or through other arrangements, is subject to employer contributions to PERA by the City of Pueblo. Therefore, as a condition of contracting for services with the City of Pueblo, this document must be completed, signed and returned to the City of Pueblo: (a) Are you, or do you employ or engage in any capacity, including an independent contractor, a PERA Retiree who will perform any services for the City of Pueblo? Yes _ No w (b) If you answered "yes" to (a) above, please answer the following question: Are you an individual, sole proprietor or partnership, or a business or company owned or operated by a PERA Retiree or an affiliated party? Yes , No . If you answered "yes" please state which of the above entities best describes your business: (c) If you answered "yes" to both (a) and (b), please provide the name, address and social security number of each such PERA Retiree. Name Address Social Security Number Name Address Social Security Number (If more than two, please attach a supplemental list) Failure to accurately complete, sign and return this document to the City of Pueblo may result in your being denied the privilege or doing business with the City of Pueblo. If you answered "yes" to both (a) and (b), you agree to reimburse the City of Pueblo for any employer contribution required to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or paid to any employee or independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo. You further authorize the City of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by the City of Pueblo under any current or future contract or other arrangement for services between you and the City of Pueblo. Signed „_�,. 2!1 20 0 . By Name: (ov"O /< v Title: For purposes of responding to question (b) above, an "affiliated party' includes( I) any person who is the named beneficiary or cobeneficiary on the PERA account of the PERA Retiree; (2) any person who is a relative of the PERA Retiree by blood or adoption to and including parents, siblings, half - siblings, children, and grandchildren; (3) any person who is a relative of the PERA Retiree by marriage to and including spouse, spouse's parents, stepparents, stepchildren, stepsiblings, and spouse's siblings; and (4) any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's regular salary or compensation. LEGAL SERVICES AGREEMENT THIS LEGAL SERVICES AGREEMENT ( "Agreement ") is made and entered into this 14` day of December 2009, and effective as of January 2, 2010 by and between Pueblo, a Municipal Corporation (hereinafter referred to as "City "), and Gordon J. Hume (hereinafter referred to as "Contract Attorney "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. Pursuant to the provisions of Section 6 -7 of the City Charter, the City Attorney hereby retains Contract Attorney to serve solely under his direction, to provide the following legal services for and on behalf of the City and its departments, bureaus, officers, agencies and affiliated entities: (a) Represent the City of Pueblo as Municipal Court prosecutor in all pre -trial conferences scheduled in Pueblo Municipal Court, relating to violations of City Ordinances and Charter, every other week, and prosecute all cases arising out of such pre -trial conferences through trial. (b) Consult with City Attorney or his designee regarding Ordinances and Charter violations, enforcement thereof, and procedures and issues relating thereto. (c) Handle all appeals from Pueblo Municipal Court to Pueblo County Court and Pueblo District Court, including filing all necessary pleadings, motions and briefs. The foregoing legal services may be referred to herein as the "Contract Services." Appeals to appellate courts above the District Court level are outside the scope of Contract Services. 2. All Contract Services shall be performed by Contract Attorney as an independent contractor and not as an employee of City. Contract Attorney shall be responsible for providing his or her own office space, secretarial services, professional registration fees, photocopying, printing, telephone, email, postage, legal research, legal malpractice insurance, and all other usual and customary expenses needed to provide legal services except for those costs specifically identified in Section 5(b) of this Agreement. Contract Attorney shall be responsible for, and obligated to pay in accordance with law, all withholding taxes, social security, medicare, unemployment compensation, workers' compensation, and other taxes with respect to the compensation payable to him/her hereunder, and shall indemnify and hold City harmless therefrom. 3. At all times during the term of this Agreement, Contract Attorney shall remain in good standing as a member of the Colorado Bar. Contract Attorney shall immediately notify the City Attorney in writing of any change in the status of the Contract Attorney's registration with the Colorado Supreme Court or of any decision with regard to Contract Attorney discipline rendered under the Rules of Procedure Regarding Attorney Discipline and Disability Proceedings. 4. Contract Attorney shall perform the Contract Services under the general supervision and direction of the City Attorney or his designee, and will advise and consult with the City Attorney or his designee regarding the Contract Services. 5. (a) As full compensation for the Contract Services performed by Contract Attorney hereunder, City shall pay to Contract Attorney, out of available funds in the Law Department (City Attorney) budgeted appropriation for Professional Services, the following amount or amounts: Commencing January 2010, Contract Attorney will be paid the fixed fee of $3,308 monthly, to be paid on or about the last day of each month. (b) In addition to the foregoing, upon furnishing documentation thereof, Contract Attorney will be reimbursed usual and customary costs for the following items which may be reasonably incurred by Contract Attorney: Lexis Nexis File & Serve fees, witness fees, transcript fees, and service of process fees. 6. (a) The term of this Agreement shall commence on January 1, 2010 and be for an indefinite period, subject to termination by the City Attorney on thirty days' prior written notice specifying the date of termination. Contract Attorney may terminate this Agreement upon sixty (60) days' prior written notice to City Attorney specifying the date of termination. (b) This Agreement may also be terminated at any time by City for cause, including but not limited to breach of a material term of the Agreement by Contract Attorney, violation of the Code of Professional Conduct or for conduct by Contract Attorney involving moral turpitude. (c) For City fiscal years after 2010, this Agreement is subject to and contingent upon lawful appropriation and availability of funds therefor. 7. In no event shall this Agreement or Contract Attorney's status as an Assistant City Attorney be construed to preclude him/her from maintaining his/her private law practice and carrying out the duties associated therewith; provided, however, that if and when Contract Attorney's duties as a private attorney result in any conflict, or appearance of conflict, with his /her position as a Contract Attorney under this Agreement, Contract Attorney shall promptly notify City Attorney in writing. Thereafter, City Attorney will consult with City Manager and /or City Council to determine if a conflict exists and how it should be resolved, and such determination by City will be final and conclusive. In any case, Contract Attorney's performance hereunder shall at all times, be subject to the Code of Professional Responsibility. 8. The State Mandated or Related Contract Clauses set forth in Exhibit "A" hereto shall be and are hereby incorporated herein by reference; and Contract Attorney shall complete and return Exhibit 1 thereto to the City Attorney within 10 days of execution of this Agreement. 9. This Agreement constitutes the entire agreement between the parties and supersedes and replaces all prior and contemporaneous agreements, representations, and understandings between 2 the parties. No modification of this Agreement, and no waiver of any of the terms, provisions or conditions of the Agreement shall be of any effect unless made in writing and signed by the Contract Attorney and the City Attorney. This Agreement is a personal services agreement and may not be assigned by Contract Attorney. 10. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together constitute one and the same agreement. Executed at Pueblo, Colorado, as of January 1, 2010. PUEBLO, A MUNICIPAL CORPORATION By / Z� , City Attorney CONTRACT ATTORNEY NI NE Exhibit "A" State- Mandated or Related Contract Clauses As used in this section, "Contractor" shall mean the firm or entity ( whether referred to as Consultant, Company, Contractor, Architect, Accountant or by other term) entering into this Agreement with Pueblo, a Municipal Corporation ( which may be referred to in this Agreement as City, Client, Customer or by other term). PERA LIABILITY Contractor shall reimburse the City for the full amount of any employer contribution required to be paid by City to the Public Employees' Retirement Association ( "PERA ") for salary or other compensation paid to a PERA retiree performing contracted services for the City under this Agreement. Contractor shall fill out the questionnaire attached as Exhibit "1" and submit the completed form to City as part of the signed Agreement. SOLE SOURCE CONTRACTS - Article XXVIII of the Colorado Constitution was amended by vote of the people on November 4, 2008 ( "Amendment 54 ") to provide certain limitations on holders of "sole source' government contracts entered into by government entitles. On August 12, 2009, Denver District Court Judge Catherine Lemon issued an order granting a preliminary injunction against enforcement of Amendment 54, holding that it violated rights of free speech and association guaranteed by the First Amendment. The parties agree that if, at any time during the term of this Agreement, a court of appropriate jurisdiction determines that (1) Amendment 54 is constitutional or otherwise lawful under applicable law; or (2) Amendment 54, if lawful, applies to agreements such as this Agreement and must be included in such agreements, then City and Contractor agree to negotiate the inclusion of complying Amendment 54 language in this Agreement. STATE - IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORM- ING WORK UNDER THIS CONTRACT (a) At or prior to the time for execution of this Contract, Contractor shall submit to the Purchasing Agent of the City its certification that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and that the Contractor will participate in either the "E- Verify Program" created in Public Law 208, 104` Congress, as amended and expanded in Public law 156, 108' Congress, as amended, that is administered by the United States Department of Homeland Security or the "Department Program" established pursuant to section 8- 17.5- 102(5)(c), C.R.S. that is administered by the Colorado Department of Labor and Employment in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Contract. (b) Contractor shall not: (I) Knowingly employ or contract with an illegal alien to perform work under this Contract; (II) Enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. (c) The following state - imposed requirements apply to this Contract: (I) The Contractor shall have confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in either the E -Verify Program or Department Program. (II) The Contractor is prohibited from using either the E- Verify Program or Department Program procedures to undertake pre - employment screening of job applicants while this Contract is being performed. (III) If the Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien to perform work under this Contract, the Contractor shall be required to: A. Notify the subcontractor and the Purchasing Agent of the City within three (3) days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and B. Terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to subparagraph (c)(III)A. above the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if, during such three (3) days, the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (IV) The Contractor is required to comply with any reasonable request by the Colorado Department of Labor and Employment (hereinafter referred to as °CDLE ") made in the course of an investigation that CDLE is undertaking pursuant to its authority under §8 -17.5- 102(5), C.R.S. (d) Violation of this Section by the Contractor shall constitute a breach of contract and grounds for termination. In the event of such termination, the Contractor shall be liable for City's actual and consequential damages. (e) Nothing in this Section shall be construed as requiring the Contractor to violate any terms of participation in the E- Verify Program. EXHIBIT "I" COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO Pursuant to section 24 -51- 1101(2), C.R.S., salary or other compensation from the employment, engagement, retention or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement Association (PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to perform any service as an employee, contract employee, consultant, independent contractor, or through other arrangements, is subject to employer contributions to PERA by the City of Pueblo. Therefore, as a condition of contracting for services with the City of Pueblo, this document must be completed, signed and returned to the City of Pueblo: (a) Are you, or do you employ or engage in any capacity, including an independent contractor, a PERA Retiree who will perform any services for the City of Pueblo? Yes _ No (b) If you answered "yes" to (a) above, please answer the following question: Are you an individual, sole proprietor or partnership, or a business or company owned or operated by a PERA Retiree or an affiliated party? Yes , No . If you answered "yes" please state which of the above entities best describes your business: (c) If you answered "yes" to both (a) and (b), please provide the name, address and social security number of each such PERA Retiree. Name Address Social Security Number Name Address Social Security Number (If more than two, please attach a supplemental list) Failure to accurately complete, sign and return this document to the City of Pueblo may result in your being denied the privilege or doing business with the City of Pueblo. If you answered "yes" to both (a) and (b), you agree to reimburse the City of Pueblo for any employer contribution required to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or paid to any employee or independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo. You further authorize the City of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by the City of Pueblo under any current or future contract or other arrangement for services between you and the City of Pueblo. Signed ,, , 20 By 4 ZIZ . J. � Name: VoR�E1e #uRu� Title: 7ZAi EY For purposes of responding to question (b) above, an "affiliated party" includes (1) any person who is the named beneficiary or cobeneficiary on the PERA account of the PERA Retiree; (2) any person who is a relative of the ['ERA Retiree by blood or adoption to and including parents, siblings, half - siblings, children, and grandchildren; (3) any person who is a relative of the PERA Retiree by marriage to and including spouse, spouse's parents, stepparents, stepchildren, stepsiblings, and spouse's siblings; and (4) any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's regular salary or compensation. LEGAL SERVICES AGREEMENT THIS LEGAL SERVICES AGREEMENT ( "Agreement ") is made and entered into this 14` day of December 2009, and effective as of January 2, 2010 by and between Pueblo, a Municipal Corporation (hereinafter referred to as "City "), and Jagger & Jagger, Attorneys at Law, LLC (hereinafter referred to as "Contract Attorney "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. Pursuant to the provisions of Section 6 -7 of the City Charter, the City Attorney hereby retains Contract Attorney to serve solely under his direction, to provide the following legal services by and through Robert P. Jagger, member of Contract Attorney, for and on behalf of the City and its departments, bureaus, officers, agencies and affiliated entities: (a) Represent and advise the City Civil Service Commission at all public hearings, workshops and meetings. Provide such legal advice during and between meetings as requested by the chairperson and members of the Civil Service Commission and by the Civil Service Administrator. (b) Represent and advise the Pueblo Liquor Board at all public hearings and meetings held by the Board. Provide such legal advice and opinions at or between meetings as requested by the chairperson and members of the Liquor Board. (c) As requested, draft, review and revise such citations, notices, findings, show cause orders, and other documents routinely involved in matters before the Civil Service Commission and Liquor Board. (d) Provide such legal advice and opinions and attend such meetings as may be reasonably requested by the Director of Personnel (Human Resources), and Civil Service Administrator. (e) Provide legal advice to management level staff of the Department of Finance concerning sales and use tax matters and advise and represent the Director of the Finance Department in assessment hearings and appeals before the Director and in Pueblo District Court. (f) Represent the City on Rule 106(a)(4), CRCP appeals to District Court from decisions made by the Civil Service Commission and Liquor Board. (g) Provide such consultation, drafting and other assistance as requested by the City Attorney to City department heads which relate to labor and employment, collective bargaining agreements, civil service or employment law. If requested, provide assistance to City's designated negotiating representatives with respect to negotiation of collective bargaining agreements and arbitration resulting therefrom, if any. (h) Provide advice, ordinance preparation or review of forms when requested by City management level staff concerning civil service and employment, liquor licenses, and sales and use tax matters. (i) If requested by the City Attorney, attend City Council meetings and hearings when the City Attorney and Deputy City Attorney are unavailable. Q) Represent the City Manager and City Department Heads in arbitration and Laudermill hearings related to employee discipline and discharge. Note: Though this is a fixed -fee agreement, it is intended that Contract Attorney will provide (averaged over a 12 -month period) approximately 70 hours of billable time per month providing the Contract Services. In the event that Contract Attorney believes any Department Head or management staff of City is making excessive or unnecessary use of Contract Services or shifting City staff functions to Contract Attorney, he /she shall immediately notify City Attorney and the parties shall meet and confer regarding legal services utilization. The foregoing legal services may be referred to herein as the "Contract Services." Appeals to appellate courts above the District Court level are outside the scope of the Contract Services, but may be handled by agreement for additional compensation. 2. All Contract Services shall be performed by Contract Attorney as an independent contractor and not as an employee of City. Contract Attorney shall be responsible for providing his or her own office space, secretarial services, professional registration fees, photocopying, printing, telephone, email, postage, legal research, legal malpractice insurance, and all other usual and customary expenses needed to provide legal services except for those costs specifically identified in Section 5(b) of this Agreement. Contract Attorney shall be responsible for, and obligated to pay in accordance with law, all withholding taxes, social security, medicare, unemployment compensation, workers' compensation, and other taxes with respect to the compensation payable to him/her hereunder, and shall indemnify and hold City harmless therefrom. 3. At all times during the term of this Agreement, Contract Attorney shall remain in good standing as a member of the Colorado Bar. Contract Attorney shall immediately notify the City Attorney in writing of any change in the status of the Contract Attorney's registration with the Colorado Supreme Court or of any decision with regard to Contract Attorney discipline rendered under the Rules of Procedure Regarding Attorney Discipline and Disability Proceedings. 4. Contract Attorney shall perform the Contract Services under the general supervision and direction of the City Attorney (or Deputy City Attorney), and will advise and consult with the City Attorney regarding the Contract Services. 5. (a) As full compensation for the Contract Services performed by Contract Attorney hereunder, City shall pay to Contract Attorney, out of available funds in the Law Department (City Attorney) budgeted appropriation for Professional Services, the following amount or amounts: Commencing January 2010, Contract Attorney will be paid the fixed fee of $8,000 monthly, to be paid on or about the last day of each month. (b) In addition to the foregoing, upon furnishing documentation thereof, Contract Attorney will be reimbursed usual and customary client costs for the following items which may be reasonably incurred by Contract Attorney: Lexis Nexis File & Serve fees, long distance telephone charges, witness fees, deposition and transcript fees, photocopying, out of city travel, arbitration fees and costs not otherwise paid by City, and service of process fees. 6. (a) The term of this Agreement shall commence on January 1, 2010 and be for an indefinite period, subject to termination by the City Attorney on thirty days' prior written notice specifying the date of termination. Contract Attorney may terminate this Agreement upon sixty (60) days' prior written notice to City Attorney specifying the date of termination. (b) This Agreement may also be terminated at any time by City for cause, including but not limited to breach of a material term of the Agreement by Contract Attorney, violation of the Code of Professional Conduct or for conduct by Contract Attorney involving moral turpitude. (c) For City fiscal years after 2010, this Agreement is subject to and contingent upon lawful appropriation and availability of funds therefor. 7. In no event shall this Agreement or Contract Attorney's status as an Assistant City Attorney be construed to preclude him/her from maintaining his/her private law practice and carrying out the duties associated therewith; provided, however, that if and when Contract Attorney's duties as a private attorney result in any conflict, or appearance of conflict, with his/her position as a Contract Attorney under this Agreement, Contract Attorney shall promptly notify City Attorney in writing. Thereafter, City Attorney will consult with City Manager and /or City Council to determine if a conflict exists and how it should be resolved, and such determination by City will be final and conclusive. In any case, Contract Attorney's performance hereunder shall at all times, be subject to the Code of Professional Responsibility. 8. The State Mandated or Related Contract Clauses set forth in Exhibit "A" hereto shall be and are hereby incorporated herein by reference; and Contract Attorney shall complete and return Exhibit 1 thereto to the City Attorney within 10 days of execution of this Agreement. 9. This Agreement constitutes the entire agreement between the parties and supersedes and replaces all prior and contemporaneous agreements, representations, and understandings between the parties. No modification of this Agreement, and no waiver of any of the terms, provisions or conditions of the Agreement shall be of any effect unless made in writing and signed by the Contract Attorney and the City Attorney. This Agreement is a personal services agreement and may not be assigned by Contract Attorney. 10. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together constitute one and the same agreement. Executed at Pueblo, Colorado, as of January 1, 2010. PUEBLO, A MUNICIPAL CORPORATION C �L . L�.rL City bI / CONTRACT ATTORNEY: JAGGER & JAGGER, ATTORNEYS AT LAW. LLC Robert P. Jagg , Member 4 Exhibit "A" State- Mandated or Related Contract Clauses As used in this section, "Contractor" shall mean the firm or entity ( whether referred to as Consultant, Company, Contractor, Architect, Accountant or by other term) entering into this Agreement with Pueblo, a Municipal Corporation ( which may be referred to in this Agreement as City, Client, Customer or by other term). PERA LIABILITY Contractor shall reimburse the City for the full amount of any employer contribution required to be paid by City to the Public Employees' Retirement Association ( "PERA ") for salary or other compensation paid to a PERA retiree performing contracted services for the City under this Agreement. Contractor shall fill out the questionnaire attached as Exhibit "1" and submit the completed form to City as part of the signed Agreement. SOLE SOURCE CONTRACTS - Article XXVIII of the Colorado Constitution was amended by vote of the people on November 4, 2008 ( "Amendment 54 ") to provide certain limitations on holders of "sole source' government contracts entered into by government entitles. On August 12, 2004, Denver District Court Judge Catherine Lemon issued an order granting a preliminary injunction against enforcement of Amendment 54, holding that it violated rights of free speech and association guaranteed by the First Amendment. The parties agree that if, at any time during the term of this Agreement, a court of appropriate jurisdiction determines that (1) Amendment 54 is constitutional or otherwise lawful under applicable law; or (2) Amendment 54, if lawful, applies to agreements such as this Agreement and must be included in such agreements, then City and Contractor agree to negotiate the inclusion of complying Amendment 54 language in this Agreement. STATE - IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORM- ING WORK UNDER THIS CONTRACT (a) At or prior to the time for execution of this Contract, Contractor shall submit to the Purchasing Agent of the City its certification that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and that the Contractor will participate in either the "E- Verify Program" created in Public Law 208, 104` Congress, as amended and expanded in Public law 156, 108 °i Congress, as amended, that is administered by the United States Department of Homeland Security or the "Department Program" established pursuant to section 8- 17.5- 102(5)(c), C.R.S. that is administered by the Colorado Department of Labor and Employment in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Contract. (b) Contractor shall not: (I) Knowingly employ or contract with an illegal alien to perform work under this Contract; (1I) Enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. (c) The following state - imposed requirements apply to this Contract: (I) The Contractor shall have confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in either the E- Verify Program or Department Program. (II) The Contractor is prohibited from using either the E- Verify Program or Department Program procedures to undertake pre - employment screening of job applicants while this Contract is being performed. (III) If the Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien to perform work under this Contract, the Contractor shall be required to: A. Notify the subcontractor and the Purchasing Agent of the City within three (3) days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and B. Terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to subparagraph (c)(III)A. above the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if, during such three (3) days, the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (IV) The Contractor is required to comply with any reasonable request by the Colorado Department of Labor and Employment (hereinafter referred to as "CDLE ") made in the course of an investigation that CDLE is undertaking pursuant to its authority under §8- 17.5- 102(5), C.R.S. (d) Violation of this Section by the Contractor shall constitute a breach of contract and grounds for termination. In the event of such termination, the Contractor shall be liable for City's actual and consequential damages. (e) Nothing in this Section shall be construed as requiring the Contractor to violate any terms of participation in the E- Verify Program. EXHIBIT "1" COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO Pursuant to section 24 -51- 1101(2), C.R.S., salary or other compensation from the employment, engagement, retention or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement Association (PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to perform any service as an employee, contract employee, consultant, independent contractor, or through other arrangements, is subject to employer contributions to PERA by the City of Pueblo. Therefore, as a condition of contracting for services with the City of Pueblo, this document must be completed, signed and returned to the City of Pueblo: (a) Are you, or do you employ or engage in any capacity, including an independent contractor, a PERA Retiree who will perform any services for the City of Pueblo? Yes _ No —/. . (b) If you answered "yes" to (a) above, please answer the following question: Are you an individual, sole proprietor or partnership, or a business or company owned or operated by a PERA Retiree or an affiliated party? Yes , No . If you answered "yes" please state which of the above entities best describes your business: (c) If you answered "yes" to both (a) and (b), please provide the name, address and social security number of each such PERA Retiree. Name Address Social Security Number Address Social Security Number (If more than two, please attach a supplemental list) Name Failure to accurately complete, sign and return this document to the City of Pueblo may result in your being denied the privilege or doing business with the City of Pueblo. If you answered "yes" to both (a) and (b), you agree to reimburse the City of Pueblo for any employer contribution required to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or paid to any employee or independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo. You further authorize the City of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by the City of Pueblo under any current or future contract or other arrangement for services between you and the City of Pueblo. Signed DL,e. 4, 1 `, 1 20 0 4 7 �•�ce� t ����:. L6.0 By r Name: �trkrie Title: 1' e."A" r For purposes of responding to question (b) above, an "affiliated party' includes (1) any person who is the named beneficiary or cobeneficiary on the PERA account of the PERA Retiree; (2) any person who is arelative of the PERA Retiree by blood or adoption to and including parents, siblings, half - siblings, children, and grandchildren; (3) any person who is a relative of the PERA Retiree by marriage to and including spouse, spouse's parents, stepparents, stepchildren, stepsiblings, and spouse's siblings; and (4) any person orentity with whom the PERA Retiree has an agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's regular salary or compensation.