HomeMy WebLinkAbout14127RESOLUTION NO. 14127
A RESOLUTION APPROVING A THIRD EXTENSION
AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE PUEBLO ZOOLOGICAL SOCIETY
RELATING TO THE MANAGEMENT AGREEMENT FOR THE
OPERATION AND MANAGEMENT OF THE PUEBLO ZOO, AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO
EXECUTE THE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1:
The Third Extension Agreement dated December 26, 2018, by and between the City of
Pueblo, a Municipal Corporation, and the Pueblo Zoological Society relating to the extension of
the Management Agreement for the operation and management of the Pueblo Zoo, a 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 hereby authorized and directed to execute the Third
Extension Agreement on behalf of the City, and the City Clerk is directed to affix the seal of the
City thereto and attest the same.
SECTION 3:
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Resolution and the attached Third Extension Agreement to
effectuate the transactions described herein.
SECTION 4:
This Resolution shall become effective immediately upon passage.
INTRODUCED: December 26, 2018
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
City Clerkâs Office Item # M-6
BACKGROUND PAPER FOR PROPOSED
RESOLUTION
COUNCIL MEETING DATE:
December 26, 2018
TO:
President Christopher A. Nicoll and Members of City Council
CC:
Sam Azad, City Manager
VIA:
Brenda Armijo, Acting City Clerk
FROM:
Steven Meier, Director of Parks and Recreation
SUBJECT:
A RESOLUTION APPROVING A THIRD EXTENSION AGREEMENT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE PUEBLO
ZOOLOGICAL SOCIETY RELATING TO THE MANAGEMENT AGREEMENT
FOR THE OPERATION AND MANAGEMENT OF THE PUEBLO ZOO, AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME
SUMMARY:
This Resolution will approve a five-year extension and automatic renewals of the Amended
Management Agreement between the City of Pueblo and the Pueblo Zoological Society for the
management, promotion, operation and maintenance of the City owned zoo located on the
premises known as Pueblo City Park.
PREVIOUS COUNCIL ACTION:
The Pueblo Zoological Society manages the Pueblo Zoo under a Management Agreement dated
September 1, 1998 which was extended for ten years from July 14, 2003 through December 31,
2013 then extended a second time for five years from January 1, 2014 through December 31,
2018.
BACKGROUND:
The
FINANCIAL IMPLICATIONS:
Extending the Management Agreement will require the City to continue to fund the operation of
the Pueblo Zoo by the Pueblo Zoological Society for an additional five years.
BOARD/COMMISSION RECOMMENDATION:
None
STAKEHOLDER PROCESS:
On December 4, 2018, the Pueblo Zoological Society Board of Directors voted to approve the
third extension to the Management Agreement as submitted.
ALTERNATIVES:
Should Council choose not to approve the third extension, the operation and management of the
zoo will fall under the responsibility of the City.
RECOMMENDATION:
Approval of the Resolution.
Attachments:
Third Extension of Management Agreement
Letter Requesting Third Extension
THIRD EXTENSION AGREEMENT
THIS THIRD EXTENSION AGREEMENT ("Extension") is entered into as of December 31,
2018 by and between the City of Pueblo, a Municipal Corporation, ("City") and the Pueblo Zoological
Society, a Colorado nonprofit corporation, ("Society").
WHEREAS, City and Society entered into the City of Pueblo Zoo Management Agreement
dated September 1, 1998 ("Management Agreement"); and
WHEREAS, the parties entered into the Extension Agreement dated July 14, 2003, which
extended the term of the Management Agreement to December 31, 2013; and
WHEREAS, the parties entered into the Modification Agreement dated April 10, 2006, which
allowed the Society to sell or dispense alcoholic beverages within the Zoo and in accordance with law;
and
WHEREAS, the parties entered into the Second Extension Agreement dated July 29, 2013,
which extended the term of the Management Agreement to December 31, 2018; and
WHEREAS, Society desires, and City is willing, to extend the term of the Management
Agreement for an additional five (5) years until December 31, 2023 and allow automatic renewals
thereafter.
NOW,THEREFORE,in consideration of the foregoing and mutual covenants contained herein,
City and Society agree as follows:
1. Paragraph 2 of the Management Agreement is amended to read as follows:
(a) City hereby appoints and retains Society subject to and upon the terms and
conditions herein set forth, as an independent contractor, to operate, manage, maintain
and promote the Zoo for a term of five (5) years from January 1, 2019 to December 31,
2023, unless sooner terminated as herein provided. Society does hereby accept such
appointment and agrees to perform all functions and obligations on its part to be
performed under this Agreement in compliance with this Agreement and all applicable
laws, ordinances, regulations and resolutions now in effect or hereafter enacted.
(b) If Society is not in default hereunder, this Agreement shall automatically renew
on an annual basis, where each renewal term shall begin on January 1 and end on
December 31 of that year, unless earlier terminated. Either party may terminate this
Agreement by providing written notice of its intent not to renew at least thirty(30) days
prior to the end of the then current term.
2. Paragraph 19 of the Management Agreement is amended to read as follows:
Society covenants and agrees that no person on the grounds of race, creed, color,
national origin, sex, sexual orientation, age, marital status, or mental or physical
disability, shall be excluded from employment or application for employment or from
participation in, or denied the benefit of, or be otherwise subject to discrimination in the
use of the Zoo or the furnishing of services thereon.
3. This Extension shall be effective as of January 1, 2019, such that the Management
Agreement as amended will not expire prior to this Extension taking effect.
4. Except as expressly modified by this Extension, the Management Agreement, including
the Extension Agreement, Second Extension Agreement, and Modification Agreement, shall remain in
full force and effect. Any obligations remaining to be performed under the original Management
Agreement by either party are not waived or excused in any manner but shall be fully performed in
accordance with the terms and conditions of the Management Agreement and any amendments thereto.
Unless otherwise stated, all terms shall be as defined in the Management Agreement.
Executed in Pueblo, Colorado as of the day and year first above written.
CITY OF PUEBLO,
[SEAL] A M AL P RATION
ATTEST ( .&. B :
Acting City Clerk City Council President
APPROVED AS TO FORM:
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Daniel C. Kogovsek, CityA6orne
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PUEBLO ZOOLOGICAL SOCIETY
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