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HomeMy WebLinkAbout08961ORDINANCE NO. 8961 AN ORDINANCE APPROVING A MANAGEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND MOUNTAIN VIEW CEMETERY OF PUEBLO, LLC, A LIMITED LIABILITY COMPANY RELATING TO THE MANAGEMENT OF THE MOUNTAIN VIEW CEMETERY IN THE AMOUNT OF $120,000 FOR 2016 WITH ANNUAL INCREASE BASED ON FUTURE CPI-U, AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME, APPROPRIATING FUNDS THEREFORE, AND DETERMINING THAT THE SERVICES REQUIRED FOR THE OPERATION AND MAINTENANCE OF THE MOUNTAIN VIEW CEMETERY ARE TECHNICAL SERVICES EXEMPT FROM COMPETITIVE BIDDING WHEREAS, the operation and maintenance of the Mountain View Cemetery by a private organization under the general supervision of the Director of Parks and Recreation would better serve the citizens of the City and be in the best interests of the City, and WHEREAS, Mountain View Cemetery of Pueblo, LLC has submitted a proposal for the operation of the Mountain View Cemetery which is acceptable to and recommended by the City's administration; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Mountain View Cemetery Management Agreement dated December 28, 2015 between the City of Pueblo and Mountain View Cemetery of Pueblo, LLC relating to the operation and management of the Mountain View Cemetery, a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. The President of the City Council is authorized to execute and deliver the Agreement in the name of the City and the City Clerk is authorized and directed to affix the seal of the City thereto and attest same. SECTION 2. Funding for City's financial obligations during fiscal year 2016 under the Mountain View Cemetery Management Agreement are hereby appropriated from funds available in the Mountain View Cemetery Enterprise Fund and income from the Mountain View Cemetery Endowment Fund. SECTION 3. The City Council does hereby find and determine that the services required for the management and operation of the Mountain View Cemetery and defined in the Mountain View Cemetery Management Agreement are technical services exempt from the competitive bidding requirements of the Charter of the City. SECTION 4. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 5. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: December 28, 2015 BY: Dennis Flores PASSED AND APPROVED: January 11, 2016 City Clerk’s Office Item # R-1 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: December 28, 2015 TO: President Steven G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven Meier – Director of Parks and Recreation Department SUBJECT:AN ORDINANCE APPROVING A MANAGEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND MOUNTAIN VIEW CEMETERY OF PUEBLO, LLC, A LIMITED LIABILITY COMPANY RELATING TO THE MANAGEMENT OF THE MOUNTAIN VIEW CEMETERY IN THE AMOUNT OF $120,000 FOR 2016 WITH ANNUAL INCREASE BASED ON FUTURE CPI-U, AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME, APPROPRIATING FUNDS THEREFORE, AND DETERMINING THAT THE SERVICES REQUIRED FOR THE OPERATION AND MAINTENANCE OF THE MOUNTAIN VIEW CEMETERY ARE TECHNICAL SERVICES EXEMPT FROM COMPETITIVE BIDDING SUMMARY: This Ordinance approves a Management Agreement between the City of Pueblo and Mountain View Cemetery of Pueblo, LLC for a term of ten years commencing on January 1, 2016 and ending December 31, 2025. PREVIOUS COUNCIL ACTION: The prior Management Agreement was executed by the parties on June 12, 1995, and approved by City Council in Ordinance No. 5974. The Agreement was amended by Addendum No. 1 on April 10, 2000, and approved by City Council in Resolution No. 8967. BACKGROUND: With the expiration of the existing Management Agreement between the City of Pueblo st and Mountain View Cemetery of Pueblo, LLC on July 31 of this year, the Manager had requested renewal with a long term agreement. Both parties met and a new long-term agreement with revised terms and conditions was negotiated. The most notable change from the original Management Agreement is the management fee that the City will pay to the Manager for services performed. The management fee for the first year of the Agreement will be $120,000 with an increase annually by an amount equal to the percentage increase in the Consumer Price Index for all Urban customers (CPI-U) during each preceding one-year period, with a three percent maximum increase in any one-year period. This is an increase of $60,000 from previous agreement. During the term of this Agreement, the Manager will continue to maintain the grounds, roads, streets, turf, and landscaped areas. The City will be responsible for expenses incurred over $1,500 for “major” repairs or replacement of all interior roads and streets, walls, and fences, so long as the repair and/or replacement is not necessitated by the negligence of Manager. FINANCIAL IMPLICATIONS: The management fee for the first year of the Agreement will be $120,000 with an increase annually by an amount equal to the percentage increase in the CPI-U during each preceding one-year period. If there is no percentage increase in the CPI-U, the management fee will remain the same. If the percentage increase in the CPI-U is greater than three percent, the increase in the management fee will not exceed three percent by the express terms of the agreement. BOARD/COMMISSION RECOMMENDATION: None STAKEHOLDER PROCESS: None ALTERNATIVES: Should this Ordinance not be approved, Mountain View Cemetery would need to be operated and maintained by the City. RECOMMENDATION: Approval of the Ordinance. MOUNTAIN VIEW CEMETERY MANAGEMENT AGREEMENT rr THIS MANAGEMENT AGREEMENT entered into as of this 1 day of JA r/. , 2016, by and between the City of Pueblo,Colorado, a Municipal Corporation, 1 City Hall Place,Pueblo, Colorado, 81003, hereinafter referred to as the "City", and Mountain View Cemetery of Pueblo, LLC, a Colorado limited liability company, 1315 Acero, Pueblo, Colorado, 81004, hereinafter referred to as the "Manager". WITNESSETH: WHEREAS, the City owns and operates the Mountain View Cemetery, a public endowment care cemetery located within the City of Pueblo, Colorado (the "Cemetery"), and WHEREAS, the City desires to engage a qualified Manager to manage, operate, maintain and promote the Cemetery, and WHEREAS, Manager is qualified and capable of managing, promoting, maintaining and operating the Cemetery, and WHEREAS, the acceptance of a negotiated agreement for the operation, maintenance, promotion and management of the Cemetery would be in the best interest of the City of Pueblo, NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained,the City and Manager agree as follows: 1. Definitions & Exhibits. (a) As used herein, the following words and phrases shall have the following meaning: (1) "Cemetery"means and includes the property owned by City comprising the Mountain View Cemetery, including without limitation, the real property described in attached Exhibit "A" and all improvements thereon, parking areas, internal roads and streets, water and irrigation system, shop area and buildings, office area and buildings, trees and landscaping, decorative statutory and monuments, signs, walls and fences, except underground storage tanks. (2) "Cemetery Space" means a space, either below or above the surface of the ground, for the interment of the remains of human bodies within the Cemetery, including without limitation, graves and grave spaces, crypts or chambers in a mausoleum,and recesses or niches for cinerary urns in a columbarium. (3) "Cemetery Services" means all services and merchandise (except Cemetery Spaces) sold or offered for sale by Manager for use in connection with the interment of the remains of human bodies within • the Cemetery. (4) "Director" means the City's Director of Parks and Recreation. (5) "Interment" means the permanent disposition of the remains of a deceased person by cremation, inurnment, entombment, or burial. (6) "Prior Management Agreement" means the Management Agreement executed by the parties on June 12, 1995, and approved by the City Council of Pueblo in Ordinance No. 5974, introduced April 24, 1995. This Agreement was amended by Addendum No. 1, dated April 10, 2000, and approved by the City Council of Pueblo in Resolution No. 8967. (b) The following exhibits are attached and incorporated as part of this Agreement: Exhibit A: Legal Description Exhibit B: Description of City Equipment Exhibit C: List of City's Preneed Contracts Exhibit D: PERA Questionnaire (c) In the event of any conflict between the Terms and Conditions of this Agreement and any Exhibit made a part of this Agreement, the documents shall control and take precedence over one another in the order shown in subsection(b)of this Section,except that Terms and Conditions of this Agreement stated below shall control and take precedence over all such Exhibits. 2. Engagement Term and Management Fee. (a) City engages and retains Manager, subject to and upon the terms and conditions herein set forth,as an independent contractor to operate,manage,maintain and promote the Cemetery for a term of ten (10) years from January 1, 2016 to December 31, 2025, unless sooner terminated as herein provided. Manager accepts said engagement. (b) For services performed by Manager, City will pay to Manager an annual management fee of One Hundred Twenty Thousand and No/100 Dollars ($120,000.00)payable in four (4) equal quarterly installments within fifteen (15) days after the beginning of each three month period during the effective term of this Agreement commencing January 15, 2016, and thereafter becoming due on April 15th, July 15th, and October 15th. The annual management fee will be increased each anniversary of the commencement date of the term of this Agreement (starting January 1, 2017)by an amount equal to the percentage increase in the CPI-U during each preceding one-year period(i.e. the difference, expressed as a percentage,between the value of the CPI-U index published most recently prior to the commencement of the preceding operating year and the value of the CPI-U index published most recently prior to the commencement of the operating year for which the CPI-U adjustment will apply), except that the percentage increase in the management fee shall not exceed three (3) percent for any one year regardless of a greater percentage increase in the CPI-U. If there is no percentage increase in the CPI-U for any preceding one-year period, the management fee will remain the same as the preceding one-year period for the current one-year period. For purposes of this agreement "CPI-U" shall mean the consumer price index for all urban consumers, CPI-U (all items 1982-1984=100) or comparable index if the Department of Labor changes or modifies the CPI-U or no longer publishes the CPI- U. (c) In addition,City shall pay Manager six(6)percent of the moneys deposited by Manager into the City Endowment Fund pursuant to paragraphs 5 (a)and (b)hereof during the prior twelve (12) calendar month period,which shall include the 12 months immediately preceding the date of this agreement, since Manager made such deposits during said period of time in accordance with Prior Management Agreement. 3. Option To Extend. If not in default hereunder, Manager shall have the right and option to extend the term of this Agreement for two (2) consecutive five (5) year terms by giving City written notice of its exercise of such option at least six (6) months prior to the end of the original term or the first extended term, as the case may be. Each extended term shall be upon the same covenants and conditions, except there shall be no additional options to extend the term of this Agreement. If Manager fails to give timely written notice of its exercise of such option to City, such option shall expire and this Agreement shall terminate upon the end of the then expiring term. 4. Sale Of Cemetery Spaces. (a) Manager shall have the exclusive right and privilege to sell Cemetery Spaces within the Cemetery at such prices and upon such terms as Manager shall establish provided (i) the form and content of all contracts for the purchase and sale of a Cemetery Space are approved by the City Attorney of City, (ii) the prices and terms are reasonable in comparison to prices and terms for comparable Cemetery Spaces within Pueblo County, Colorado,and(iii)the prices and terms and all modifications thereto are established by Manager after consultation with and approval of the Director. If the Director does not approve any such prices and terms, he shall give written notice of his reasons for non-approval to Manager and the City Manager of City within twenty (20) calendar days after the date that Manager delivers a copy thereof to Director. If the Director gives written notice of non-approval or fails to act within said 20-day period, Manager may request a review thereof by the City Manager. If Manager and City Manager are unable to resolve any dispute relating to such prices and terms within thirty (30) calendar days after City Manager's receipt of Manager's request for review, the dispute may be submitted to arbitration pursuant to paragraph 25 hereof. —3— (b) Manager acknowledges that it has conducted an independent investigation and examination of the Cemetery, its business, assets, sales, income, books and records relating to the Cemetery and agrees that City has not made and does not intend by this Agreement or otherwise to make any representation or warranty with respect thereto. Manager further acknowledges and understands that(i) City has sold and issued certificates of purchase for burial rights or Cemetery Spaces within the Cemetery(the "Certificates of Purchase"),and(ii)City has entered into contracts for such burial rights or Cemetery Spaces (the "Contracts"). Manager agrees to be bound by the terms and provisions of all such Certificates of Purchase and Contracts and to honor all rights of purchasers and owners thereof. Manager shall collect all payments payable under such Contracts after the commencement of the term of this Agreement and remit all portions of such payments representing cemetery endowment care to City in the same manner and at the same times as provided for payment of Manager's Payments to City under the provisions of paragraph 5(a) hereof. 5. Payments To City. (a) Except as provided in paragraph 5(b)hereof,Manager shall pay to City, not later than twenty (20) calendar days after the end of each calendar quarter, fifteen (15)percent of all payments received by Manager during such calendar quarter on account of the sale of any Cemetery Space within the Cemetery (the "Manager Payments"). Manager payments shall be accompanied by (i) with the initial payment for the purchase of a Cemetery Space, a copy of the contract therefor, and (ii) with each subsequent payment, the name and address of the contract purchaser, number assigned to the purchase contract, and the total of all payments made and balance of the contract price. City will deposit all Manager Payments received by City into the Fund described in paragraph 7 hereof. All delinquent Manager Payments shall accrue interest at the rate of ten (10) percent per annum until paid. Manager shall upon the full payment of the purchase price for a Cemetery Space issue to the contract purchaser an instrument or certificate evidencing his ownership thereof. City will cooperate with Manager in the issuance of such instrument or certificate. If this Agreement is terminated,all Manager's right to receive payments under contracts for the purchases of Cemetery Space and contract payments payable after the date of termination shall be assigned,transferred and paid to City. (b) If Manager constructs or installs a mausoleum or columbarium within the Cemetery, City and Manager shall mutually determine prior to the sale by Manager of any Cemetery Space within such mausoleum or columbarium the percentage of the purchase price therefor(i)to be paid to City for deposit into the Fund which shall be sufficient to assure adequate income for the perpetual care, upkeep and replacement of such mausoleum or columbarium, and (ii) to be applied toward the payment in full in not more than ten (10) years of any indebtedness incurred by Manager for the actual cost of constructing and installing such mausoleum or columbarium which is secured by any interest in or encumbrance against the mausoleum or columbarium. If City and Manager are unable to mutually agree with respect to (i) or(ii)above, the matter may be submitted to arbitration pursuant to paragraph 25 hereof. No Cemetery Space in a mausoleum or columbarium shall be sold by Manager until (i)the mausoleum or columbarium has been constructed, installed and developed for use within the Cemetery, (ii) the Manager has —4— obtained permanent financing and entered into a binding construction contract for the construction and installation of the mausoleum or columbarium in accordance with plans and specifications approved by the City,or(iii) if the mausoleum or columbarium is not developed for use at the time of need and full payment has been made, the contract to purchase such Cemetery Space must provide the purchaser with an immediate right to an alternate and comparable Cemetery Space. Manager shall not in any manner encumber or cause or permit a lien,mortgage or security interest to be placed against the Cemetery or any improvement, building or structure therein without the City's prior written consent, except that Manager may, without the prior written consent of the City, encumber or grant a mortgage or security interest in a mausoleum or columbarium constructed and installed within the Cemetery by Manager provided (i) the amount of such encumbrance, mortgage or security interest shall not exceed the actual cost of construction and installation of such mausoleum or columbarium, and (ii) the encumbrance, mortgage or security interest shall not be or be construed to be a lien or encumbrance on or against the real property of City. 6. Manager's Services. Manager shall manage, operate, maintain and promote the Cemetery and perform the following services: (a) Supervise and be responsible for all aspects of the operation, maintenance, management and promotion of the Cemetery and all activities thereon. (b) Except as hereinafter provided, maintain and keep the Cemetery in good repair and in a clean, safe and orderly condition and in furtherance thereof,develop and implement efficient maintenance programs for the maintenance of the Cemetery including without limitation: (i)custodial, repair and maintenance of all buildings; (ii) repair and maintenance of all interior roads and streets, walls, and fences; and (iii) maintenance of trees, grass and landscaped areas including watering, fertilizing, mowing, seeding, reconditioning and reseeding, and weed control and elimination programs. Manager's obligation under this Agreement includes the maintenance, repair and replacement of the Cemetery water and irrigation system, except that during the term of this Agreement, City shall repair, maintain and replace Cemetery water mains. For purpose of this provision, "water mains" means any water line servicing the Cemetery two inches(2") in diameter or larger. Manager shall pay the first one thousand five hundred dollars ($1,500) per occurrence, to repair and/or replace all interior roads and streets, walls, and fences. Thereafter, the City shall pay any and all remaining amounts necessary to repair and/or replace all interior roads and streets, walls, and fences so long as the repair and/or replacement is not necessitated by -5— the negligence of Manager, its employees, agents, subcontractors, guests and/or invitees and the damaged road, street,wall, or fence has received proper routine maintenance and care while under the possession and control of Manager. Manager shall report all damage requiring repair or replacement pursuant to this provision to City within twenty-four(24)hours of its discovery of the same. The City may, within its sole and absolute discretion, choose not to repair or replace any road, street, wall, or fence if it determines the repair and/or replacement is not necessary to the operation of the Cemetery. (c) Develop and implement efficient management programs for the operation, scheduling of and use of the Cemetery and all activities and facilities thereon and the provision of services to the public including the presence of Manager's personnel at the Cemetery. (d) Acquire and maintain such equipment, fixtures and equipment and hire, supervise and schedule all personnel needed and required for the efficient operation, maintenance, management and promotion of the Cemetery and all facilities thereon. It is expressly understood and agreed that all personnel hired by Manager shall be the employees of Manager and no contractual obligations or relationship of employer-employee shall exist between the City and such employees. Manager shall be solely responsible for paying its employees and withholding and paying all state and federal payroll obligations and taxes. Manager shall hold harmless and indemnify City from all such payroll obligations and taxes. (e) Be responsible for the security and inventory of, and maintain in good condition and repair, all City's equipment, fixtures and machinery (the "City Equipment") transferred by City to Manager. Such City Equipment is described in attached Exhibit "B". If Manager replaces any City Equipment,the replacement equipment shall be deemed to be added to Exhibit "B" and subject to the provisions of paragraph 14 hereof. (f) Keep and maintain accurate and complete accounts and records of all activities and transactions conducted by Manager on or from the Cemetery, including without limitation contracts for the sale of Cemetery Spaces and Cemetery Services, in accordance with generally accepted accounting principles, which accounts and records shall be available for inspection, copy and audit by City during normal business hours. Manager shall retain all such accounts and records for a minimum period of three (3)years after termination of this Agreement. Manager shall provide City copies of all records of Manager's transactions relating to the sale of Cemetery Spaces and Interments. Manager will convert all prior City sales of Cemetery Spaces and Interments data(including records for the Northside cemetery)to Manager's computer system and integrate data with respect to Manager's sale of Cemetery Spaces and Interments into its computer system. Manager will provide City with a copy of such computer data in an electronic format using standard language compatible with a microsoft-based operating system and update such computer data at least semi-annually. (g) Comply strictly with all applicable federal, state and City laws, ordinances, and regulations. —6— (h) Keep the Cemetery and all facilities thereon open for business at such hours and times and furnish prompt,courteous and efficient service adequate to meet all reasonable needs of the public and users of the Cemetery, ensuring polite and inoffensive conduct and demeanor on the part of its representatives, agents and employees. All Manager's employees who come in contact with the public shall wear a uniform or badge identifying them as employees of Manager. (i) Surrender and deliver to City, at the termination of this Agreement, the Cemetery and all buildings and facilities thereon either presently existing or hereafter improved, installed or constructed, free and clear of liens and encumbrances, in as good condition and state of repair as the same now are or were at the time of delivery to Manager or as the same may be hereafter constructed, installed or improved by City or Manager, reasonable use and wear excepted. Manager shall have the right to remove its removable trade fixtures and equipment provided Manager repairs any damage caused by such removal. (j) Maintain in force at Manager's cost during the effective term of this Agreement,(i)Comprehensive General Liability Insurance, including property damage and bodily injury,blanket contractual and products/completed operations coverages, in the minimum amount of$1,000,000 per occurrence and $2,000,000 annual aggregate covering all activities conducted by Manager under this Agreement and Manager's indemnifications hereunder; (ii) Commercial auto liability insurance with a $1,000,000 combined single limit for all Owned, Hired and Non- owned autos, and (iii) Workers' compensation insurance with statutory limits in accordance with the laws of the State of Colorado. Certificates evidencing such insurance coverage shall be filed with the Director within ten (10) calendar days prior to the commencement of the term of this Agreement and said certificates shall certify that such insurance coverage is in force and will not be cancelled or reduced without at least ten (10) calendar days prior written notice to City. The City shall be named as an additional insured on all policies(except Workers Compensation). Such liability policies shall be Primary and Non-contributory. A waiver of subrogation in favor of the City shall be issued. At least ten (10) calendar days prior to the expiration of any such insurance, a certificate showing such insurance has been renewed or extended shall be filed with the Director. (k) Pay, before same become delinquent, all sales, use and property taxes and other taxes and charges levied or assessed against the Cemetery,Manager's property and Manager's operations and activities conducted on or from the Cemetery. (1) Pay, before same become delinquent, all charges for utilities used or consumed in the operation of the Cemetery including without limitation electrical, gas and telephone, except that during the term of this Agreement, City will pay all reasonable and necessary charges for water and.sewer. (m) Operate and manage the Cemetery as a public facility and endowment care cemetery for the use and benefit of the public on a fair, equal and nondiscriminatory basis without preferential treatment to any individual, group or entity. Manager shall comply with state and federal antidiscrimination laws, rules and regulations and specifically agrees that no person shall be denied or refused services or other full or equal use of the Cemetery, nor denied employment —7— opportunities by Manager, because of race, creed, color, sex, age, national origin, ancestry or handicap unrelated to ability or job performance. (n) Obtain at Manager's cost and expense all licenses and permits required for the operation of the Cemetery and the activities conducted thereon. (o) Maintain fire and extended coverage insurance for the full insurable value of all buildings and structures within the Cemetery with an insurance company authorized to do business in Colorado naming the City as an additional insured. In the event of damage or destruction by fire or other casualty to any building or structure on the Cemetery, Manager shall immediately in as expeditious a manner as possible cause such damage to be repaired or the building or structure to be rebuilt to substantially the same condition as existed prior to the fire or other casualty and the net proceeds of such insurance shall be paid to Manager for such purpose. If, however, the damage or destruction to a structure or building located on the Cemetery at the commencement of the term of this Agreement is such that Manager and City mutually agree not to repair or rebuild, Manager shall not be obligated to so repair or rebuild and all insurance proceeds therefor shall be paid to City to be applied first to the razing of the building or structure and removal of all debris and the balance to be retained by City. Whenever any loss, cost, damage or expense resulting from any peril described in this paragraph 6(o) is incurred by any party to this Agreement in connection with the buildings or structures within the Cemetery, or any part or contents thereof, and such party is then covered in whole or in part by insurance with respect to such loss, cost, damage or expense,then the party so insured hereby releases the other party, its officers,agents and employees from any liability it may have on account of such loss, cost, damage or expense to the extent of any amount recovered by reason of such insurance and waives any right of subrogation which might otherwise exist or accrue to any person on account thereof. If Manager fails to maintain in force any insurances required by this paragraph 6(o) to be carried by Manager, then for purposes of this waiver of subrogation, Manager shall be deemed to have been fully insured and recovered the entire amount of the loss. (p) Accept indigent and social service burials. 7. City Endowment Fund. City has established the Mountain View Cemetery Endowment Fund(the "Fund")as an irrevocable endowment care fund with the income therefrom dedicated to the perpetual care and upkeep of the Cemetery. City will hold, invest, control, and manage the Fund. 8. Sale of Cemetery Services. (a) Manager shall have the non-exclusive right and privilege to sell Cemetery Services to be performed and delivered at the Cemetery at such prices and upon such terms as Manager shall establish provided(i)the form and content of all contracts for the purchase and sale of Cemetery Services are approved by the City Attorney of City, (ii) the prices and terms are reasonable in comparison to prices and terms for comparable Cemetery Services within Pueblo County, Colorado, and (iii) the prices and terms and all modifications thereto are established by —8— Manager after consultation with and approval of the Director. If the Director does not approve any such prices and terms, he shall give written notice of his reasons for non-approval to Manager and the City Manager of City within twenty(20)calendar days after the date that Manager delivers a copy thereof to Director. If the Director gives written notice of non-approval or fails to act within said 20-day period, Manager may request a review thereof by the City Manager. If Manager and City Manager are unable to resolve any dispute relating to such prices and terms within thirty (30) calendar days after City Manager's receipt of Manager's request for review, the dispute may be submitted to arbitration pursuant to paragraph 25 hereof. (b) Manager may sell preneed contracts for Cemetery Services to be performed and delivered at the Cemetery upon such prices and terms determined in accordance with the provisions of(a) above. All such preneed contracts shall be subject to and made in conformity with §10-15-101 et seq. C.R.S. or as same may be subsequently amended. The trustee and the form and content of the trust instrument, preneed contract, and assignment of death benefits of a life insurance policy to be used as consideration to fund a preneed contract shall be subject to the approval of the City Attorney of City. The trust instrument shall provide that upon termination of this Agreement, all Manager's right, title and interest in and to the trust instrument and trust funds shall terminate and be assigned and transferred to City or its designee. The preneed contracts may not include the sale or purchase of a Cemetery Space which must be sold separate from Cemetery Services. 9. City Preneed Fund. City previously established a separate fund for payments received by City on account of the sale of preneed Cemetery Services (the "Preneed Fund"). City transferred the Preneed Fund to Forethought Federal Savings Bank(the"Trustee")pursuant to Addendum No. 1 to the Prior Management Agreement, dated April 10, 2000, and June 12, 1995, respectively. The balance of the Preneed Fund as of November 1, 2015 was $65,439.03. The Preneed Fund shall continue to be held in trust and invested, controlled and managed by the Trustee pursuant to the terms of a trust instrument between Manager and Trustee and approved by the City Attorney of City.All preneed contracts for Cemetery Services sold by City are listed in Exhibit"C"attached hereto and incorporated herein. Manager acknowledges receipt of copies thereof and assumes and agrees to perform all obligations of City thereunder and to indemnify and hold City harmless therefrom until or unless the Management Agreement is terminated. In the event of termination, Manager shall have no future obligations of performance or indemnity on preneed contracts to be performed after the date of termination. Notwithstanding the foregoing, Manager shall not be released from its obligations for performance and indemnity related to acts or omissions in the performance of preneed contacts to be performed on or prior to the date of termination. 10. Breach By Manager. If default be made in the payment of any sum to be paid by Manager under this Agreement,and such default shall continue for twenty(20)calendar days after written notice of default is given by City to Manager, or default shall be made in the performance of any other covenant or condition which Manager is required to observe or perform, and such default shall continue for sixty (60) calendar days after written notice of default is given by City to Manager(or if such default cannot be corrected within said sixty (60) calendar day period, and Manager fails to commence correction of such default within said sixty (60) calendar day period and diligently pursues its correction to completion), or if this Agreement shall, by act of Manager or by operation of law or otherwise, pass to any party or entity other than Manager, except with —9— the prior written consent of City, or if Manager be declared insolvent according to law, or if a receiver or trustee is appointed for Manager or Manager's property, or if Manager abandons or vacates the Cemetery, then City may treat the occurrence of any one or more of the foregoing events as a breach of this Agreement. 11. City's Remedies Upon Breach. In the event of a breach of this Agreement by Manager, City shall have any one or more of the following described remedies, in addition to all other rights and remedies provided by law or in equity: (a) City may terminate this Agreement and forthwith repossess the Cemetery and be entitled to recover from Manager a sum of money equal to the total of (i) the cost of recovering the Cemetery including City's reasonable expert witness fees and attorney fees, (ii) all payments payable to City under paragraphs 4(b) and 5 hereof, and(iii)any other sum of money or damages owed by Manager to City. (b) City may correct the breach or specifically enforce the correction of the breach and be entitled to recover from Manager all damages caused by such breach and all costs and expenses including reasonable expert witness fees and attorney fees incurred by City in correcting the breach or enforcing the correction of the breach. 12. Breach By City. If default be made in the performance of any covenant or condition which City is required to observe or perform, and such default shall continue for sixty (60) calendar days after written notice of default is given by Manager to City (or if such default cannot be corrected within said sixty (60) calendar day period, and City fails to commence correction of such default within said sixty (60) calendar day period and diligently pursues its correction to completion),then Manager may treat the occurrence of one or more of the foregoing events as a breach of this Agreement. 13. Manager's Remedies Upon Breach. In the event of a breach of this Agreement by City, Manager shall have one or more of the following described remedies, in addition to all other rights and remedies provided by law or in equity: (a) Manager may terminate this Agreement and be entitled to recover from City a sum of money equal to the total of(i) costs of terminating this Agreement including reasonable expert witness fees and attorney fees, and (ii) any other sum of money or damages owed by City to Manager. (b) Manager may correct the breach or specifically enforce the correction of the breach and be entitled to recover from City all damages caused by such breach and all costs and expenses including reasonable expert witness fees and attorney fees incurred by Manager in correcting the breach or enforcing the correction of the breach. 14. Equipment. City transferred to Manager all City Equipment by bill of sale at the Closing of Prior Management Agreement. Pursuant to that Agreement,the Parties agreed that the City Equipment was transferred by City and accepted by Manager "'AS IS" WITHOUT —10— WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, CONDITION OR PERFORMANCE. The City Equipment, including replacement equipment, is listed in Exhibit "B" attached hereto and incorporated herein. If this Agreement is terminated because of the breach or default by Manager, Manager shall transfer and deliver to City title and possession of all City Equipment, including all replacement equipment, free and clear of liens and encumbrances. If the Agreement is terminated for any reason other than the breach or default of Manager, City shall have the right and option to purchase all City Equipment including replacement equipment free and clear of liens and encumbrances at Manager's then book value. 15. Indemnification. Manager accepts the Cemetery "AS IS" without any warranty expressed or implied. Manager shall fully indemnify and hold harmless, protect and defend at its sole cost and expense, the City, its officers, agents and employees from and against any and all risks, suits, damages, expenses, penalties, liabilities or claims (including costs and reasonable attorney fees)arising, directly or indirectly,or resulting from the condition of the Cemetery, or the injury to or death of any person or persons or the loss or damage of any property occurring in, on, or about the Cemetery, or the violation of any law or regulation by Manager arising out of or in connection with the operation of the Cemetery, or the performance or nonperformance of this Agreement by Manager. The term Manager as used in this paragraph means and includes the Manager's officers, agents or employees or any other person acting on behalf of Manager. 16. Unlawful Use. Manager shall not use or allow the Cemetery or any facility thereon to be used for any improper, unlawful, immoral or objectionable purpose and shall not cause, maintain or permit any disorderly conduct, nuisance or waste in, on or about the Cemetery. 17. Rules and Regulations. Manager shall establish reasonable and uniform rules and regulations with respect to the use of the Cemetery and activities conducted thereon, provided, (i) such rules and regulations shall not impair the rights of the public and owners of Cemetery Spaces to: access the Cemetery and their Cemetery Spaces; to make reasonable use of the Cemetery and their Cemetery Spaces; and to be protected from unreasonable interference with the integrity and purpose of the Cemetery, and(ii) such rules and regulations are established after consultation with and approval of the Director. If the Director does not approve any such rule or regulation he shall give written notice of his reasons for non-approval to Manager and the City Manager of City within twenty (20) calendar days after Manager delivers a copy thereof to Director. If Director gives written notice of non-approval or fails to act within said 30-day period, Manager may request a review thereof by the City Manager of City. If the City Manager and Manager are unable to resolve any such dispute relating to such rules and regulations within thirty (30) calendar days after receipt by the City Manager of Manager's request for review, the dispute may be submitted to arbitration pursuant to paragraph 25 hereof. 18. Buildings and Improvements. Manager shall not make any improvements of a permanent nature to the Cemetery or construct or install any building, structure or sign on the Cemetery or make any additions, changes, remodeling or alterations to any building on the Cemetery without the Director's prior written approval of such improvements or construction and the plans and specifications therefor, and obtaining all permits required therefor. If Director does not approve any such improvements or construction or the plans and specifications therefor, he —11— 3 'fin shall give written notice of his reasons for non-approval to Manager and City Manager of City within thirty (30) calendar days after the date that Manager delivers plans and specifications therefor to Director. If Director gives written notice of non-approval or fails to act within said 30-days period,Manager may request a review thereof by the City Manager. If Manager and City Manager are unable to resolve any dispute relating to the improvements or construction or the plans and specifications therefor within thirty(30)calendar days after receipt of Manager's request for review,the dispute may be submitted to arbitration pursuant to paragraph 25 hereof. All such improvements, buildings, structures, signs, additions, changes, remodeling or alterations shall become part of the Cemetery and subject to the provisions of this Agreement. 19. State-Imposed Mandates Prohibiting Illegal Aliens From Performing Work. (a) At or prior to the time for execution of this Agreement Manager shall submit to the Purchasing Agent of City its certification that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that Manager will participate in either the "E-Verify Program" created in Public Law 208, 104th Congress, as amended and expanded in Public Law 156, 108th Congress,as amended,that is administered by the United States Department of Homeland Security or the "Department Program"established pursuant to §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 Agreement. (b) Manager shall not: (I) Knowingly employ or contract with an illegal alien to perform work under this Agreement; (2) Enter into an Agreement with a subcontractor that fails to certify to Manager that the subcontractor shall not knowingly employ or Agreement with an illegal alien to perform work under this Agreement. (c) The following state-imposed requirements apply to this Agreement: (1) Manager shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement through participation in either the E-Verify Program or Department Program. (2) Manager is prohibited from using either the E-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. (3) If Manager obtains actual knowledge that a subcontrator performing work under this Agreement knowingly employs or contracts with an illegal alien, Manager shall: A. Notify the subcontractor and the City's Purchasing Agent within three (3) days that Manager has actual knowledge that the —12— 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 Manager shall not terminate the Agreement 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. (4) Manager 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 Manager shall constitute a breach of Agreement and grounds for termination. In the event of such termination, Manager shall be liable for City's actual and consequential damages. As used in this Section, the term "subcontractor" shall mean any subcontractor of Manager rendering services within the scope of this Agreement. 20. Relationship. It is understood and acknowledged by the parties that the relationship of Manager to City is that of an independent contractor. Nothing contained in this Agreement is intended to nor shall any provision hereof be construed to create a joint venture, partnership, employer-employee, or other relationship between Manager and City, except that of an independent contractor. Manager shall not directly or indirectly represent to any person or entity or hold itself out to the public that Manager is the agent, employee or partner of the City. Manager shall not use the name of the City of Pueblo in the management, promotion, maintenance or operation of the Cemetery, however, the parties agree that Manager's current name and continued use of that name in no way violates this Agreement. Manager shall post conspicuous notice in the Cemetery and upon its promotional literature, advertising, stationery and contracts that "Mountain View Cemetery Is Operated By Mountain View Cemetery Of Pueblo, LLC And Not By The City Of Pueblo", or such other statement of disclaimer as Manager and City shall mutually approve. 21. No Third Party Beneficiaries; No Waiver of Immunities. Nothing in this Agreement is intended, nor should it be construed, to create any rights, claims, or benefits or assume any liability for or on behalf of any third party, or to waive any immunities or limitations conferred under federal or state law, including but not limited to the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S. 22. Consent. If the consent or approval of the City, Director, City Manager or City Attorney is required under this Agreement for any purpose, such consent or approval will not be unreasonably withheld. —13— 23. Multiple-Fiscal Year Financial Obligation. (a) The budget submitted to the City Council of City (the "Council") for each fiscal year during the term of this Agreement shall contain a line item for all financial obligations of the City under this Agreement, including without limitation, payments to Manager pursuant to paragraph 2(b) hereof; payments for major repairs to interior roads, streets, walls and fences pursuant to paragraph 6(b)hereof; and payments for water and sewer charges and repairs pursuant to paragraph 6(b) and (1) hereof(the "Financial Obligations"). The Council shall then determine whether it wishes to budget and appropriate moneys for such Financial Obligations. Although the budget shall contain a line item for such Financial Obligations, the Council shall not be obligated to budget and appropriate moneys for such Financial Obligations in any fiscal year, nor shall its decision to budget and appropriate moneys for such Financial Obligations in one or more fiscal years obligate the City to budget and appropriate moneys for any later Financial Obligations. The City, acting by and through its Council, reserves full discretion to decide whether to budget and appropriate moneys for such Financial Obligations. A decision not to so budget and appropriate will not constitute a default or breach under this Agreement, nor make available any Manager's remedies described in paragraph 13, nor shall Manager or its successors or assigns have a right to compel such an action. If the City Council does not budget and appropriate moneys for such Financial Obligations, Manager may terminate this Agreement upon written notice given to City by Manager on or before May 1 of the fiscal year in which moneys for such Financial Obligation has not been budgeted and appropriated. The date of termination shall be specified in Manager's notice to the City but shall be no earlier than March 1 nor later than July 1 of such fiscal year. (b) Neither this Agreement nor any provision hereof shall be construed as creating or constituting (i) a mandatory payment obligation of the City in any fiscal year beyond a fiscal year for which the City has budgeted and appropriated moneys for payment of any financial obligation of the City with respect to this Agreement,or(ii)a multiple-fiscal year direct or indirect City debt or other financial obligation whatsoever within the meaning of Section 20(4)(b) of Article X of the Colorado Constitution. (c) Under the Prior Management Agreement with the City, Manager constructed the Community Chapel Mausoleum and Garden Columbarium (the "Mausoleum and Columbarium") with the approval of the City. If this Agreement is terminated by Manager pursuant to paragraph 23(a) above during the initial 10-year term of this Agreement, Manager's exclusive right and privilege to sell Cemetery Spaces in the Mausoleum and Columbarium shall be extended from the date of termination to the earlier of (i) five (5) years after the date of termination or(ii)the date the total of all purchase prices for Cemetery Spaces in the Mausoleum and Columbarium (both before and after termination) equals the actual cost of constructing the Mausoleum and Columbarium (the "Extended Period"). For purposes of this subparagraph, "purchase price" for a Cemetery Space in the Mausoleum and Columbarium means the gross price a purchaser agrees to pay for a Cemetery Space less the percentage payable to City under paragraph 5(b) hereof and applicable sales and use taxes. During the Extended Period and with respect to the sale of Cemetery Spaces in the Mausoleum and Columbarium, the provision of paragraphs 4(a), 5, 6(f), 10, 11 and 27 of the Agreement shall remain in effect and be binding upon City and Manager. The termination of this Agreement for any reason shall not release or discharge nor be —14— construed to release or discharge Manager from any indebtedness or obligation secured by a lien, mortgage or security interest in the Mausoleum and Columbarium. 24. PERA Liability. Manager shall reimburse the City for the full amount of any employer contribution required to be paid by the City of Pueblo 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. The Manager shall fill out the questionnaire attached as Exhibit D and submit the completed form to City as part of the signed Agreement. 25. Arbitration. All disputes arising under this Agreement that cannot be amicably resolved shall be settled by binding arbitration in Pueblo, Colorado, and the judgment upon the award rendered may be entered in any court having jurisdiction thereof. Except as provided below,the arbitration shall proceed in accordance with the laws of the State of Colorado. (a) Any Party requesting arbitration shall serve a written demand for arbitration on the other Party by registered or certified mail. The demand shall set forth in reasonable detail a statement of the nature of the dispute, the amount involved and the remedies sought. No later than twenty (20) calendar days after a demand for arbitration is served, the Parties shall jointly select and appoint a retired judge of the Courts of the State of Colorado or an attorney licensed to practice law in the State of Colorado experienced in commercial and municipal law to act as the arbitrator. In the event that the Parties do not agree on the selection of an arbitrator, the Party seeking arbitration shall apply to the District Court for the County of Pueblo for appointment of a retired judge or qualified attorney to serve as arbitrator. (b) No later than ten (10) calendar days after appointment of an arbitrator, the Parties shall jointly prepare and submit to the arbitrator a set of rules for the arbitration. In the event that the Parties cannot agree on the rules for the arbitration,the arbitrator shall establish the rules. No later than ten (10) calendar days after the arbitrator is appointed he shall arrange for a hearing to commence on a mutually convenient date. The hearing shall commence no later than ninety (90) calendar days after the arbitrator is appointed and shall continue from day to day until completed. Upon a showing of goodcause or by stipulation of the Parties, the arbitrator may extend or shorten the period within which the hearing shall commence. (c) The arbitrator shall issue his or her award in writing no later than twenty (20) calendar days after the conclusion of the hearing. The arbitration award shall be final and binding regardless of whether any Party fails or refuses to participate in the arbitration. The arbitrator is empowered to hear and determine all disputes between the Parties hereto concerning the subject matter of this Agreement, and the arbitrator may award money damages (but specifically not punitive or exemplary damages), injunctive relief,rescission,restitution,costs,and attorneys' fees as set forth in this Agreement, provided, that each Party shall pay one-half of the arbitrator's fees and expenses. The arbitrator shall not have the power to amend this Agreement in any respect. (d) In the event that any Party serves a proper demand for arbitration under this Agreement, all Parties may pursue discovery in accordance with the Colorado Rules of Civil —15— Procedure, the provisions of which are incorporated herein by reference, with the following exceptions: (i) the Parties hereto may conduct all discovery, including depositions for discovery purposes, without leave of the arbitrator; and (ii)all discovery shall be completed no later than ten (10) calendar days prior to the commencement of the arbitration hearing or one hundred twenty (120) calendar days after the date that a proper demand for arbitration is served, whichever occurs earlier. Upon a showing of good cause the arbitrator may (i) expand discovery as limited by C.R.C.P. 26(b)(2) or(ii) extend or shorten the period within which discovery is to be completed. 26. Integrations, Severability, Amendment, and Counterparts. This Agreement represents the entire agreement between City and Manager and supersedes all prior discussions and written agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the Parties. If any provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together constitute one and the same agreement. 27. Assignment. This Agreement shall not be assigned in whole or in part by Manager, nor shall the Cemetery or any part thereof be sublet, nor shall any right or privilege herein granted to Manager be sold, transferred or assigned without the prior written approval of the City. Any such sale, transfer, subletting or assignment, whether voluntary or involuntary, without the prior written approval of City shall be void and constitute grounds for immediate termination of this Agreement at the option of the City. 28. Inspection. City reserves the right to enter upon the Cemetery and all facilities thereon at any time for any reason, provided such entry does not and is not intended to materially interfere with Manager's duties under this Agreement. 29. Waiver. The waiver by City of any breach of any term or provision of this Agreement shall not be deemed to be a waiver of such term or provision for any subsequent breach of the same or any other term or provision. 30. Notices. Any notice required under this Agreement shall be in writing and personally delivered or sent by United States certified mail, postage prepaid, to: (a) If to the City: City Manager, City of Pueblo, 1 City Hall Place, Pueblo, Colorado, 81003, (b) If to the Manager: 1315 Acero, Pueblo, Colorado, 81004, or to such other place as City or Manager may from time to time designate in a written notice to the other party. Notice shall be deemed delivered upon personal delivery or three (3) calendar days after mailing. 31. Section Captions. The captions of the paragraphs are set forth only for the convenience and reference of the Parties and are not intended in any way to define, limit or describe —16— the scope or intent of this Agreement. 32. Time Is Of The Essence. Time is of the essence hereof as to each and every provision of this Agreement. 33. Certain Provisions Survive Expiration and Termination. The provisions of this Agreement pertaining to insurance, payments to the City, performance of preneed contracts to be performed prior to the date of termination, indemnification, and liability shall survive the expiration of the term of this Agreement and termination of this Agreement and continue in effect for a period of five years following the termination of this Agreement and for such further time as it may take to completely and finally negotiate, settle, or litigate any claim or suit concerning the same. 34. Governing Law and Binding Effect. This Agreement shall be governed by the laws of the State of Colorado and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and approved assigns. Executed the day and year first above written. CITY OF PUEBLO, MOUNTAIN VIEW CEMETERY A MUNICIPAL CORPORATIO OF PUEBLO, LLC By 4 __ By 'ty Council Manager Attest: By Clerk Manager APPROVED AS TO FORM: By `�` (MA: 'C• �iQ-Q.-�'� City Attorney —17— the scope or intent of this Agreement. 32. Time Is Of The Essence. Time is of the essence hereof as to each and every provision of this Agreement. 33. Certain Provisions Survive Expiration and Termination. The provisions of this Agreement pertaining to insurance, payments to the City, performance of preneed contracts to be performed prior to the date of termination, indemnification, and liability shall survive the expiration of the term of this Agreement and termination of this Agreement and continue in effect for a period of five years following the termination of this Agreement and for such further time as it may take to completely and finally negotiate, settle, or litigate any claim or suit concerning the same. 34. "---`Governing Law'and Binding Effect.". This Agreement shall be governed by the laws of the State of Colorado and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and approved assigns. Executed the day and year first above written. CITY OF PUEBLO, MOUNTAIN VIEW CEMETERY A MUNICIPAL CORPORATION OF PUEBLO, LLC By By GSI"CJt,'?) /&,10( President of the City Council anager I Attest: By .w�id Ad' d� lam`/' City Clerk Manager APPROVED AS TO FORM: By City Attorney 2-'1 —17— EXHIBIT "A" LEGAL DESCRIPTION OF MOUNTAIN VIEW CEMETERY MOUNTAIN VIEW CEMETERY (EAST PARCEL) All of the Mountain View Cemetery parcel , except the South 33 feet thereof located in Block 29 of Uplands Park, according to the re- corded plat filed for record on February 19, 1886, and all of Lots 1 and 2 in said Block 29 of Uplands Park. The above described parcel contains 27. 1 acres more or less; and (WEST PARCEL) All of Blocks 1, 2, 3 and 4, Occidental Place, according to the re- corded plat filed for record on November 12, 1890, except that por- tion of said Block 4 lying Northwesterly of the following described line: Beginning at a point on the West line of said Block 4, said point being a distance of 94.5 feet South of the Northwest corner of said Block; thence Northeasterly along the arc of a curve to the right, whose radius is 94.5 feet, a distance of 143.4 feet more or less to a point on the North line of said Block 4, said point being a distance of 94.5 feet East of the Northwest corner of said Block 4 and the point of terminus; and all of Blocks 1, 2, 3 and 4, Occidental Place, Second Filing, according to the recorded plat filed for record on December 5, 1890; and all of the vacated alleys lying within said Blocks 1, 2, 3 and 4 of Occidental Place and Occidental Place, Second Filing; and all of vacated Gaylord, Alma and Scranton Avenues lying adjacent to said Blocks 1, 2, 3 and 4 of Occidental Place and Occidental Place, Second Filing. The above described parcel contains 17.0 acres more or less. The East and West parcels combined contain 44.1 acres more or less. EXHIBIT "B" DESCRIPTION OF CITY EQUIPMENT To be provided. • ii L .• I ,/ n ✓ M.t.r en 111 M r M M M 4•I M M M M M M M M m M m M M M M m M M M t M M M M M M N t 441 M M t+M M t N ' , 1 W 1- 0000 01 O 0 O S 0 0 0 o O IO 0 0 0 0 0•IO 0 0 O 0 O O n• O t 0 0 O 0, p`O O O O 00000 o o D O o l0 n o w!0 0 017 0'n W 00 O O!0 d 0 0 0 0 0 0 ON 010000000 O.O O P 00 00 00000 4 0 4 • • 4 •. • • • • • • 0 • •;. • •1• • 1 1 4 • • • • • • • • 0 • • • • • • • • • • • • I • • • • • • •`• • •, a. U. •4 NI o a M1 M1 O M InNOOO x141 n 7•n IANM rt as 441007 MN•4N-4l004a, N-4 •07000',007` I. J.4 N 144.O 44,01 0 d m M O a 4 a"a a a a P h M • N I0 P 0. In M "CC77 n P. r r In Cr 0.1 I"1 In M n .J & nNN.4.•1:MTNImM.•II-0.4.4I.-1Md.4rl.4IN •i"4 J ? ./ " n ► «M 0M. -•IJi n . 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VIPS4" " gSktgkkTkr'$' o, �eM13 tkattJ±'!r Dec 28 2015 2: O6PM MOUNTAIN VIEW CEMETERY 7195648097 p. 3 From Ann Maayauokl Fox:(800)783-0231 To: Par.:+1(718)684-8087 Paps 3 of 3 11102l20IS 44134 PM • 11111111111 • t3 c3�° � i3 A O� d� 11111111111 • 11111@ill z 951 gZ _ 1 -MOO -481KMA Zmni0 gN -SbNNNN) Na rncNiii34Zg UNI NUt11;11b 00U ggX2E • • • • 781appppp0p02p w rntv� u+ S;1'; L', 8 N _ t.) -4 . 0 .i$ A &S if.1v4) 31112a a-A-� 83' ar SgtiNMSSSSSISM EXHIBIT"D" 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, includingindependent contractor,a PERA Retiree who will perform any services for the City of Pueblo? Yes_, No, . (Must sign below whether you answer "yes"or "no".) (b) If you answered"yes"to(a)above,please answer the following question: Are you 1)an individual,2) sole proprietor or partnership, or 3) 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 listed entities (1, 2, or 3) 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 Name Address Address Social Security Number Social Security Number (If more than two,please attach a supplemental list) 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. Failure to accurately complete,sign and return this document to the City of Pueblo may result in your being denied the privilege of doing business with the City of Pueblo. Signed J r-A ""j ,20 Ito . By: )1,{,6Y't.. 7, men-c/ Name: a..r-v;A f $ te- a,.,,r-d Title: fit is c-t1 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.