HomeMy WebLinkAbout12895RESOLUTION NO. 12895
A RESOLUTION APPROVING ADDENDUM NO. 1 TO THE
AGREEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND THE PUEBLO
ZOOLOGICAL SOCIETY FOR CONSTRUCTION OF A
BLACK RHINOCEROS EXHIBIT, SIMULATED AFRICAN
VILLAGE WITH PUBLIC RESTROOMS, FOOD
CONCESSION, PICNIC AREAS, SITE WORK, AND
WILDLIFE LEARNING CENTER, AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Addendum No. 1 to the Agreement dated May 9, 2011 between Pueblo, a
Municipal Corporation, and the Pueblo Zoological Society for construction of a black
rhinoceros exhibit, simulated African village with public restrooms, food concession, picnic
areas, site work, and a wildlife learning center, a true copy of which is attached hereto,
having been approved as to form by the City Attorney, is hereby approved.
SECTION 2.
The President of City Council is authorized to execute and deliver the Addendum
No. 1 to the Agreement in the name of the City, and the City Clerk is directed to affix the
seal of the City thereto and attest same.
SECTION 3.
The officers and the 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 4.
This Resolution shall become effective upon final passage and approval.
INTRODUCED: February 10, 2014
BY: Ed Brown
Councilperson
Background Paper for Proposed
RESOLUTION
DATE: February 10, 2014AGENDA ITEM # M-5
DEPARTMENT:
Finance Department
Deborah Morton, Interim Director
Law Department
Dan Kogovsek, City Attorney
TITLE
A RESOLUTION APPROVING ADDENDUM NO. 1 TO THE AGREEMENT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE PUEBLO
ZOOLOGICAL SOCIETY FOR CONSTRUCTION OF A BLACK RHINOCEROS EXHIBIT,
SIMULATED AFRICAN VILLAGE WITH PUBLIC RESTROOMS, FOOD CONCESSION,
PICNIC AREAS, SITE WORK, AND WILDLIFE LEARNING CENTER, AND AUTHORIZING
THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
ISSUE
Should City Council approve an Addendum No. 1 to the Agreement with the Pueblo
Zoological Society for the construction of a Black Rhinoceros Exhibit at the Pueblo Zoo?
RECOMMENDATION
Approve the Resolution.
BACKGROUND
This Addendum No. 1 amends the scope of the project under the agreement to construct a
Primate Exhibit and an African Hunting dog exhibit in lieu of the Black Rhinoceros Exhibit
previously identified in the agreement.
FINANCIAL IMPACT
The original amount funded for the Black Rhinoceros Exhibit (Project CP1023) was
$350,000. To date $99,055 has been reimbursed to the Pueblo Zoological Society with
respect to construction of the public restrooms, food concessions, and site work under the
original project. The remaining funds for the original project in the amount of $250,945 will
be contributed to aid in the design and construction of the amended project.
ADDENDUM No. 1
THIS ADDENDUM No. 1 is entered into as of February 10, 2014 by and between
Pueblo, a Municipal Corporation ( "City ") and the Pueblo Zoological Society, a Colorado
nonprofit corporation ( "PZS "), WITNESSETH
WHEREAS, the City and PZS entered into that certain agreement approved May 9, 2011
and captioned "An Agreement between the City of Pueblo and the Pueblo Zoological Society for
construction of a black rhinoceros exhibit, simulated African village with public restrooms, food
concession, picnic areas, site work, and a wildlife learning center" ( "Agreement ").
WHEREAS, the project under the Agreement is the design and construction of a black
rhinoceros exhibit, simulated African village with public restrooms, food concession, site work,
and picnic areas and a wildlife learning center at the City owned Pueblo Zoo, which PZS
operates under a management agreement with the City.
WHEREAS, the City has contributed $99,055 toward construction of the public
restrooms, food concessions and site work under the project.
WHEREAS, PZS has requested that the scope of the project be amended from a black
rhinoceros exhibit to a primate and African hunting dog exhibit.
WHEREAS, the City is willing to modify the Agreement for such purpose.
NOW THEREFORE, in consideration of the foregoing and the mutual covenants herein
contained, City and PZS agree as follows:
1. The scope of the project under the Agreement is amended to the following:
design and construct a primate and African hunting dog exhibit, simulated African
village with public restrooms, food concession, site work, and picnic areas and a
wildlife learning center ( "Projects ") at the City owned Pueblo Zoo, which PZS
operates under a management agreement with the City.
2. The City is willing to contribute the remaining funds for the original project in the
amount of $250,945 to aid in the design and construction of the Projects. No
other additional contributions are contemplated under the Agreement or this
Addendum No. 1.
3. The Agreement as amended by this Addendum No. 1 shall remain in full force
and effect and shall be binding upon and inure to the benefit of City and PZS.
Executed the day and year first above written.
CITY OF PUEBLO, PUEBLO ZOOLOGICAL SOCIETY,
A MUNICIPAL CORPORATION A COLORADO NON - PROFIT
CORPORATION
✓'�A By i kt
Presi e of the City Council iff Boarir esident
ATTEST: ATTEST:
City Clerk Executive Director
Approved as to form:
City Attorney