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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 12/07/2021 - SECOND READING OF ORDINANCE NO. 160, 2021, APPROVI Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY December 7, 2021 City Council STAFF Michelle Provaznik, Director, Gardens on Spring Creek Ted Hewitt, Legal SUBJECT Second Reading of Ordinance No. 160, 2021, Approving a Contract Term of up to Ten Years for Butterfly House Operations by Rocky Mountain Butterfly Consortium, dba Butterfly Pavilion. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on November 16, 2021, requests an exception to the competitive bid process and a contract term of up to 10 years beginning November 16, 2021, to continue the services being provided by the Butterfly Pavilion for butterfly operations of the Butterfly House at The Gardens on Spring Creek. Approval of this exception may be used as authorized in City Code Section 8-161(d)(4) as the basis for the City Manager and the Purchasing Agent to negotiate and agree to the additional purchase of butterfly management services from Butterfly Pavilion through November 2031 without further Council approval. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, November 16, 2021 (w/o attachments) (PDF) 2. Ordinance No. 160, 2021 (PDF) Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY November 16, 2021 City Council STAFF Michelle Provaznik, Director, Gardens on Spring Creek Ted Hewitt, Legal SUBJECT Items Relating to The Gardens on Spring Creek/Butterfly Pavilion Butterfly House Operations. EXECUTIVE SUMMARY A.First Reading of Ordinance No. 160, 2021, Approving a Contract Term of up to Ten Years for Butterfly House Operations by Rocky Mountain Butterfly Consortium, dba Butterfly Pavilion. B.Resolution 2021-104 Approving an Exception to the Use of a Competitive Process for Butterfly House Operations by Rocky Mountain Butterfly Consortium, dba Butterfly Pavilion. The purpose of this item is to request an exception to the competitive bid process and a contract term of up to 10 years beginning November 16, 2021, to continue the services being provided by the Butterfly Pavilion for butterfly operations of the Butterfly House at The Gardens on Spring Creek. Approval of this exception may be used as authorized in City Code Section 8-161(d)(4) as the basis for the City Manager and the Purchasing Agent to negotiate and agree to the additional purchase of butterfly management services from Butterfly Pavilion through November 2031 without further Council approval. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading and Resolution. BACKGROUND / DISCUSSION The City has contracted with Butterfly Pavilion for butterfly house operations at The Gardens on Spring Creek since 2016. Butterfly Pavilion staff were instrumental in the design/build of the glass house to ensure it would meet United States Department of Agricultural (USDA) guidelines for butterfly flight house permitting. With the Butterfly House now fully operational, Butterfly Pavilion is responsible for obtaining the USDA permit and oversees compliance. Butterfly Pavilion provides 2.5 FTE staff to manage butterfly house operations including: butterfly purchases from sustainable butterfly farms, animal care, pest and disease monitoring, and guest experience activities. The contract between the City and the Butterfly Pavilion expired on November 15, 2021. This year is the fifth and final year of the current contract. A new contract is required pursuant to Code Sec. 8-186 which limits multi- year contracts to five years. Adoption of this Resolution and Ordinance will allow this contractual relationship to continue. If Council approves the Resolution the parties intend to promptly execute a new contract that would be effective as of November 16, 2021, but made contingent on the Council’s approval of the Ordinance on second reading and such Ordinance taking effect on or before December 31, 2021. As part of its 2016 Contract, the Butterfly Pavilion required a non-compete clause that would prevent the City from continuing to operate a butterfly house for two years after the end of that contract if it was not renewed or COPYATTACHMENT 1 Agenda Item 17 Item # 17 Page 2 extended. As part of proposed new contract Butterfly Pavilion has agreed that if the City renews the new contract at the end of the first five-year term for an additional five years, then, in recognition of this partnership, the non- compete covenant will terminate and no longer be enforceable against the City. CITY FINANCIAL IMPACTS The proposed contract contains a negotiated cost to the City for butterfly operations in the amount of $192,474 paid in quarterly installments of $48,118.50. Funds for the contract are authorized in the 2022 budget. In each subsequent year of the Contract Term and any extension beyond the initial five year Contract Term the Collaborator Compensation shall increase by two percent (2%) per year. The City can terminate the contract at any time if Council does not appropriate sufficient funds for butterfly operations in a subsequent budget year. COPY -1- ORDINANCE NO. 160, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A CONTRACT TERM OF UP TO TEN YEARS FOR BUTTERFLY HOUSE OPERATIONS BY ROCKY MOUNTAIN BUTTERFLY CONSORTIUM, DBA BUTTERFLY PAVILION WHEREAS, the City has contracted with Rocky Mountain Butterfly Consortium (“Butterfly Pavilion”) for butterfly house operations at The Gardens on Spring Creek since 2016; and WHEREAS, Butterfly Pavilion staff were instrumental in designing and building the glass butterfly house to ensure it would meet United States Department of Agricultural (“USDA”) guidelines for butterfly flight house permitting; and WHEREAS, Butterfly Pavilion is currently responsible for obtaining the required USDA permit and oversees compliance for the butterfly house; and WHEREAS, Butterfly Pavilion provides staff to manage butterfly house operations including: butterfly purchases from sustainable butterfly farms, animal care, pest and disease monitoring, and guest experience activities; and WHEREAS, the City entered into a five-year agreement with Butterfly Pavilion that will expire on November 15, 2021; and WHEREAS, the Purchasing Agent has determined that Butterfly Pavilion has performed butterfly house operations well and to the satisfaction of the City, and City staff recommends continuing to contract with Butterfly Pavilion for butterfly house operations; and WHEREAS, because Section 8-186(a) of the City Code requires that any contract for services with a potential total term over five years in length be authorized by the City Council by ordinance, the agreement with Butterfly Pavilion cannot be renewed without Council approval; and WHEREAS, the Purchasing Agent has further determined that to continue with the delivery of high-quality butterfly house operations, the execution of a new agreement with a term of up to 10 years beginning as of November 16, 2021, is advisable and would maintain the continuity in the delivery of those services; and WHEREAS, to maintain continuity of operations, the City intends to enter into a new agreement with Butterfly Pavilion as of November 16, 2021 that will be made contingent on this Ordinance becoming effective, following approval by the City Council on second reading, on or before December 31, 2021. NOW, THEREFORE, BE IT ORDAINED B Y THE COUNCIL OF THE CITY OF FORT COLLINS as follows: -2- Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby authorizes the execution of an agreement between the City and Butterfly Pavilion for butterfly house operations at The Gardens on Spring Creek for a term of five years beginning as of November 16, 2021, with an option to extend the agreement to November 15, 2031, pursuant to Section 8-186(a) of the City Code. Introduced, considered favorably on first reading, and ordered published this 16th day of November, A.D. 2021 and to be presented for final passage on the 7th day of December, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Passed and adopted on final reading on this 7th day of December, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ Interim City Clerk