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ORDINANCE NO. 10105
AN ORDINANCE RESCINDING ORDINANCE NO. 10020 AND
THE ASSOCIATED 2021 COOPERATIVE AGREEMENT
BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION, THE PUEBLO ZOOLOGICAL SOCIETY, A
COLORADO NONPROFIT CORPORATION AND THE
COLORADO DEPARTMENT OF CORRECTIONS, AN AGENCY
OF THE STATE OF COLORADO, FOR LANDSCAPING
SERVICES AT THE PUEBLO ZOO
WHEREAS, the Pueblo Zoological Society, a Colorado nonprofit corporation (“Society”)
and the City of Pueblo, a Colorado municipal corporation (“City”) and the State of Colorado
through its Department of Corrections (“CDOC”) entered into a Cooperative Agreement for the
provision of landscaping services at the Pueblo Zoo (“2020 Agreement”), which was approved by
Ordinance No. 9818 on November 2, 2020; and
WHEREAS, in August, 2021, CDOC presented the Society and the City with a second
Cooperative Agreement for the provision of landscaping services at the Pueblo Zoo (“2021
Agreement”) which was approved by Ordinance No. 10021 on October 12, 2021; and
WHEREAS, CDOC did not sign the 2021 Agreement and has recently taken the position
that it is not operative; and
WHEREAS, it is now appropriate to rescind Ordinance No. 10020 and the associated 2021
Agreement; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Ordinance No. 10020, originally passed on October 12, 2021, and the associated State of
Colorado Offender Labor Intergovernmental Agreement by and between the City of Pueblo, a
Municipal Corporation, the Pueblo Zoological Society, a Colorado Nonprofit Corporation, and the
State of Colorado acting by and through its Department of Corrections, relating to landscaping
services at the Pueblo Zoo, shall be and hereby is rescinded.
SECTION 2.
The officers and staff of the City are authorized to perform any and all acts consistent with
this Ordinance to implement the policies and procedures described therein.
SECTION 3.
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 January 10, 2022.
Final adoption of Ordinance by City Council on January 24, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on January 31, 2022 .
□ 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-6
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: January 10, 2022
TO: President Lawrence W. Atencio and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Trevor Gloss, Assistant City Attorney
SUBJECT: AN ORDINANCE RESCINDING ORDINANCE NO. 10020 AND THE
ASSOCIATED 2021 COOPERATIVE AGREEMENT BETWEEN THE CITY OF
PUEBLO, A COLORADO MUNICIPAL CORPORATION, THE PUEBLO
ZOOLOGICAL SOCIETY, A COLORADO NONPROFIT CORPORATION AND
THE COLORADO DEPARTMENT OF CORRECTIONS, AN AGENCY OF THE
STATE OF COLORADO, FOR LANDSCAPING SERVICES AT THE PUEBLO
ZOO
SUMMARY:
Attached is an Ordinance rescinding Ordinance No. 10020, originally passed on October 12,
2021, which approved a Cooperative Agreement with the Pueblo Zoological Society (“Society”)
and the State of Colorado Department of Corrections (“CDOC”) for landscaping services at the
Pueblo Zoo.
PREVIOUS COUNCIL ACTION:
In November of 2020, the City entered into a Cooperative Agreement with the Society and CDOC
(“2020 Agreement”) which provided the Pueblo Zoo with free labor for landscaping. The 2020
Agreement was approved via Ordinance No. 9818, passed on November 23, 2020, and is a fully
executed document.
In August of 2021, the CDOC contacted the City and stated that it was requiring a new
Cooperative Agreement because its form agreement had changed. The City attempted to
negotiate certain terms of the proposed agreement, but CDOC would not entertain any changes
and eventually the City agreed to proceed with the approval process for the new agreement (“2021
Agreement”). The 2021 Agreement was approved by Ordinance No. 10020, passed on October
12, 2021. However, only the City and the Society have signed the 2021 Agreement. CDOC did
not sign the 2021 Agreement - the very agreement which CDOC insisted that the City and the
Society execute.
BACKGROUND:
CDOC has provided free offender labor for Zoo landscaping projects for many years. Supervised
offenders provide landscaping services to assist the Society in maintaining the landscaping at the
Pueblo Zoo which is located on 25 acres of City owned property. With its limited budget, the
Society relies heavily on these free service hours to keep up with the landscaping needs at the
Zoo. Without CDOC’s help, the maintenance of landscaping and the general appearance of the
Zoo grounds would deteriorate.
Recently, CDOC contacted the City and Society, stating that the 2021 Agreement is not and was
never needed and that the parties should continue to be governed by the 2020 Agreement. The
City welcomed this decision given its dissatisfaction with some of the terms of the 2021
Agreement.
The attached Ordinance rescinds Ordinance No. 10020 and the associated 2021 Agreement.
FINANCIAL IMPLICATIONS:
Not applicable to this Ordinance.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If this Ordinance is not approved, there will be two (2) outstanding ordinances and cooperative
agreements approved by City Council and signed by the Mayor which are in conflict. Staff
recommends cancelling the 2021 ordinance and agreement which CDOC recently disavowed.
RECOMMENDATION:
Approval of the Ordinance.
Attachments:
Proposed Ordinance