HomeMy WebLinkAbout2021-104-11/16/2021-APPROVING AN EXCEPTION TO THE USE OF COMPETITIVE PROCESS FOR BUTTERFLY HOUSE OPERATIONS BY ROCKY MOU RESOLUTION 2021-104
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN EXCEPTION TO THE USE OF A COMPETITIVE PROCESS 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 (the
"Gardens") since 2016; and
WHEREAS, Butterfly Pavilion staff were instrumental in designing and building the glass
butterfly house at the Gardens 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
expired on November 15, 2021; and
WHEREAS, the City Council is also considering an ordinance to allow the City to enter
into an agreement with Butterfly Pavilion for butterfly house operations for five-years, with
possible extensions for an additional five years; and
WHEREAS,City Code Section 8-161(d)(1)(b)authorizes the Purchasing Agent to contract
for services without competition if, although there exists more than one (1) responsible source, a
competitive process cannot reasonably be used or, if used, will result in a substantially higher cost
to the City, will otherwise injure the City's financial interests or will substantially impede the City's
administrative functions or the delivery of services to the public; and
WHEREAS, the Purchasing Agent has determined that the purchase of services from
Butterfly Pavilion falls within the scope of this exception because, given Butterfly Pavilion's
specialized ability to manage butterfly house operations, the use of a competitive process to
contract for such services at this time would injure the City's financial interests and interfere with
the delivery of services for the butterfly house at the Gardens; and
WHEREAS, the Purchasing Agent has submitted the requisite justification to the Interim
City Manager for approval; and
WHEREAS, the Interim City Manager has reviewed and approved the justification for this
acquisition; and
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WHEREAS, City Code Section 8-161(d)(3) requires approval of this purchasing method
by the City Council for items costing more than $200,000 prior to acquisition; and
WHEREAS, the proposed contract with Butterfly Pavilion contains a negotiated cost to the
City for butterfly house operations in the amount of$192,474 for the initial year of the contract,
with compensation to Butterfly Pavilion increasing by two percent per year for each subsequent
year of the contract term.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
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 approves, as an exception to the City's
competitive purchasing process,the purchase of butterfly house operations from Butterfly Pavilion
as set forth herein.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th
day of November, A.D. 2021.
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ATTEST:
Interim City Clerk
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