[CCIT] FW: From DHR-FYI: Revised Bi-Lateral PO

Thu Aug 19 13:57:50 MDT 2010

All,

This is being sent per request of DHR. Please read the message from Rich
Gonzales at the bottom of this email (per his direction, please direct
any questions to Kirsten Jahn-Elfton).

Thanks,

KE

________________________________

From: Manzanares, Paula 
Sent: Thursday, August 19, 2010 1:41 PM
To: Edwards, Kevin
Subject: RE: FYI: Revised Bi-Lateral PO

Per Guy Mellor, Rich Gonzales instructed that this was to be sent out
today.

Thank you,

Paula Manzanares

Department of Personnel & Administration

Division of Human Resources

1313 Sherman Street, Room 122

Denver  CO  80203 

303 866 4066

303 866 3879

paula.manzanares at state.co.us

DPA-Good Government Starts Here

Real integrity is doing the right thing,

knowing that nobody's going to know whether you did it or not.

________________________________

From: Edwards, Kevin 
Sent: Thursday, August 19, 2010 1:09 PM
To: Manzanares, Paula
Subject: RE: FYI: Revised Bi-Lateral PO

Paula,

Please confirm with Guy. The CCU has been limiting the CCIT emails due
to complaints from those on the list about the volume of emails
received; however, if Rich wants it done today, I will do it.

Thanks,

KE

________________________________

From: Manzanares, Paula 
Sent: Thursday, August 19, 2010 1:07 PM
To: Edwards, Kevin
Subject: RE: FYI: Revised Bi-Lateral PO

Hi Kevin,

It was my understanding from Guy Mellor -via Rich Gonzales that this
needed to be sent today.  I can call Guy if I need to.

Paula Manzanares

Department of Personnel & Administration

Division of Human Resources

1313 Sherman Street, Room 122

Denver  CO  80203 

303 866 4066

303 866 3879

paula.manzanares at state.co.us

DPA-Good Government Starts Here

Real integrity is doing the right thing,

knowing that nobody's going to know whether you did it or not.

________________________________

From: Edwards, Kevin 
Sent: Thursday, August 19, 2010 1:02 PM
To: Manzanares, Paula
Subject: RE: FYI: Revised Bi-Lateral PO

Paula,

Absent extraordinary circumstances, the CCU is only sending out one
email a week to the CCIT list; this is done late Tuesday afternoons.
Unless I hear back from you, I'll assume it is OK to send this out at
that time.

Thanks,

KE 

________________________________

From: Manzanares, Paula 
Sent: Thursday, August 19, 2010 12:51 PM
To: Edwards, Kevin
Subject: FYI: Revised Bi-Lateral PO

Please send this to the CCIT group.

Thank you,

Paula Manzanares on behalf of Guy Mellor

Department of Personnel & Administration

Division of Human Resources

1313 Sherman Street, Room 122

Denver  CO  80203 

303 866 4066

303 866 3879

paula.manzanares at state.co.us

DPA-Good Government Starts Here

Real integrity is doing the right thing,

knowing that nobody's going to know whether you did it or not.

________________________________

From: hr_directors-bounces at mailman.state.co.us
[mailto:hr_directors-bounces at mailman.state.co.us] On Behalf Of HR
Directors List
Sent: Thursday, August 19, 2010 12:46 PM
To: hr_directors at mailman.state.co.us
Subject: [HR_Directors] FYI: Revised Bi-Lateral PO

On behalf of Rich Gonzales

Over the past year, DPA has had numerous discussions with the Human
Resources, Procurement, and Contracting communities regarding sole
proprietors doing business with the State. The State could be exposed to
potential legal liability regarding the misclassification of workers
(independent contractors).  Examples of this liability include the
following:

*        Unemployment claims - the State has lost a number of
unemployment cases filed by individuals who were considered independent
contractors by the State.  In all of the cases, sole proprietors were
deemed employees, which is an issue being referred to as
"misclassification of workers".  

*        Benefits and Wages - With the misclassification of a worker,
the State could be liable for health benefits, PERA, and any lost back
wages.

*        Taxes - The State could also be liable for Medicare taxes,
other employment taxes and potential penalties and interest to the
federal government.  Because of potential lost tax revenues due to
misclassifications, the Internal Revenue Service (IRS) has increased its
investigations around this issue. 

This matter does not impact general government alone.  It also extends
to institutions of higher education.  If an independent contractor is
found to be misclassified, he or she will likely become a classified
employee. 

In order to provide the State the most protection from any claims filed
by independent contractors, DPA has revised the recently released
bi-lateral purchase order and also revised the certification for
personal services agreement form. We apologize for revising the
bi-lateral purchase order so soon after its initial release in July, but
it is important that the newly created purchase order allow the State to
obtain rebuttable presumption of an independent contractor relationship.
Going forward, this newly revised bi-lateral purchase order must be used
by agencies and institutions of higher education for all personal
services agreements involving a sole proprietor where an official state
contract is not utilized. 

The revised bi-lateral purchase order
<http://www.colorado.gov/cs/Satellite?blobcol=urldata&blobheader=applica
tion%2Fpdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1251650729949&ssbin
ary=true>  and certification for personal services agreement
<http://www.colorado.gov/cs/Satellite?blobcol=urldata&blobheader=applica
tion%2Fpdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1251640977582&ssbin
ary=true>  forms, along with additional guidance
<http://www.colorado.gov/cs/Satellite?blobcol=urldata&blobheader=applica
tion%2Fpdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1251650729895&ssbin
ary=true>  regarding the purpose and use of each is available on the DPA
website. In addition, technical guidance on Independent Contractors
<http://www.colorado.gov/cs/Satellite?c=Page&childpagename=DPA-DHR%2FDHR
Layout&cid=1232982641352&pagename=DHRWrapper>  is available from DPA/DHR
at www.colorado.gov/dpa/dhr.  

Please contact Kirsten Jahn-Elfton at 303-866-4231 or 
kirsten.jahn at state.co.us if you have any questions.

Thank you,

Rich Gonzales

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