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