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HomeMy WebLinkAbout10020ORDINANCE NO. 10020 AN ORDINANCE APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY OF PUEBLO, THE PUEBLO ZOOLOGICAL SOCIETY, AND THE STATE OF COLORADO DEPARTMENT OF CORRECTIONS FOR LANDSCAPING SERVICES AT THE PUEBLO ZOO, AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME WHEREAS, the City and Pueblo Zoological Society entered into the City of Pueblo Zoo Management Agreement dated September 1, 1998; 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, the parties entered into the Third Extension Agreement dated December 31, 2018, which extended the term of the Management Agreement to December 31, 2023; and WHEREAS, Pueblo Zoological Society requests and City of Pueblo agrees to enter into a Cooperative Agreement between the Society, City, and the State of Colorado through its Department of Corrections for the provision of landscaping services at the Pueblo Zoo; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The State of Colorado Offender Labor Intergovernmental Agreement (“Cooperative Agreement”) by and between the City of Pueblo, a Municipal Corporation, the Pueblo Zoological Society, a Colorado nonprofit corporation, and the State of Colorado through its Department of Corrections relating to landscaping services at the Pueblo Zoo, after having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is authorized to execute and deliver the Cooperative 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 staff of the City are authorized to perform any and all acts consistent with the intent of this Ordinance and the Cooperative Agreement to implement the policies and procedures described therein. SECTION 4. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on September 27, 2021 . Final adoption of Ordinance by City Council on October 12, 2021 . President of City Council Action by the Mayor: ☒ Approved on October 14, 2021 . □ Disapproved on based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: September 27, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Steven Meier, Parks and Recreation Director SUBJECT: AN ORDINANCE APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY OF PUEBLO, THE PUEBLO ZOOLOGICAL SOCIETY, AND THE STATE OF COLORADO DEPARTMENT OF CORRECTIONS FOR LANDSCAPING SERVICES AT THE PUEBLO ZOO, AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME SUMMARY: Attached is an Ordinance approving and authorizing the Mayor to sign a Cooperative Agreement with the Pueblo Zoological Society and the State of Colorado Department of Corrections for landscaping services at the Pueblo Zoo. PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND: The Pueblo Zoological Society has partnered with the Colorado Department of Corrections (“CDOC”) in a cooperative work program for many years. Supervised inmates provide valuable landscaping services to help the Pueblo Zoo effectively maintain the 25 acres of City owned property. With its limited budget, the Pueblo Zoological Society relies heavily on these free service hours to keep up with landscaping needs. Without CDOC’s help, the maintenance and appearance of the grounds would suffer without significant additional staffing and investment. In 2020, CDOC revised its annual contract to include a new provision regarding liability insurance. The Pueblo Zoological Society was unable to procure this liability coverage through their insurance provider. Due to its status as a governmental entity, the City of Pueblo is able to procure and provide this coverage at no additional charge. The City of Pueblo owns the Pueblo Zoo property and has maintained a Management Agreement with the Pueblo Zoological Society since 1998. The City is willing to provide the liability coverage for this contract given the successful partnership with the Pueblo Zoological Society and the City’s ownership of the property. FINANCIAL IMPLICATIONS: City shall not be liable for any additional costs due under the Cooperative Agreement. The Pueblo Zoological Society shall be solely responsible for procuring all licenses and permits and for payment of any and all taxes due under the Management Agreement and Cooperative Agreement. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If this Ordinance is not approved, the Pueblo Zoological Society will require additional staff for maintaining the grounds, increasing its costs, and if its costs become too high it will have to terminate management of the Pueblo Zoo. RECOMMENDATION: Approval of the Ordinance. Attachments: Ordinance State of Colorado Cooperative Agreement