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.