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HomeMy WebLinkAbout1988-03-15 Support Documentation Town Council Work Session ** Reminder: News Conference begins at 1:00 p.m. in Council Chambers. VAIL TOWN COUNCIL WORK SESSION TUESDAY, MARCH 15, 1988 2:00 p.m. AGENDA 1. Discussion of Sales Tax Policies 2. Discussion of Construction of Pedestrian Bridge Connection between the north side of Ford Park and the Nature Center 3. Update on the Vail Metropolitan Recreation District and Vai l Town Council Recreation Management Study 4. Discussion of Bravo! Colorado Contract 5. Discussion of Amplified Sound Permit Process 6. Information Update 7. Other 8. Executive Session - Personnel Matters 9. Site Visit to proposed Vail Gateway Project (Amoco Station) ** Reminder: News Conference begins at 1:00 p.m. in Council Chambers. VAIL TOWN COUNCIL WORK SESSION TUESDAY, MARCH 15, 1988 2:00 p.m. EXPANDED AGENDA 2:00 1. Discussion of Sales Tax Policies Steve Barwick Dani Hild Action Requested of Council: Review the proposed policies for collection of Town of Vail sales tax and make revisions as desired. Background Rationale: The Town's sales tax ordinance provides that the Town Manager may make certain policy decisions regarding the collection of sales taxes. However, some policies involve substantial changes from past practices and are therefore being brought to Council for explanation and input. Staff Recommendation: Approve the proposed policies. 2:20 2. Discussion of Construction of Pedestrian Bridge Connection Kristan Pritz between the north side of Ford Park and the Nature Center Pat Dodson Action Requested of Council: Decide if the bridge should be constructed this summer. Background Rationale: The Nature Center staff'is concerned that the proposed bridge will have a negative impact on the Nature Center due to the fact that the bridge will most likely increase the number of people who walk through the Nature Center. The additional people have the.. potential to damage the vegetation if they do not use the designated paths. For this reason, the Nature Center staff has requested the bridge not be built this summer. The present master plan and construction budget for the lower bench of Ford Park include the bridge. The budget for the bridge is $60,000. It is feasible to build the bridge at a later date when the upper bench of Ford Park is completed. 2:40 3. Update on the Vail Metropolitan Recreation District and Vail Kristan Pritz Town Council Recreation Management Study Background Rationale: Staff will review the project work program, schedule and consultant selection with the Council. 2:50 4. Discussion of Bravo! Colorado Contract Larry Eskwith Action Requested of Council: Review contract between the Town and Bravo! Colorado relating to coordinated summer arts and entertainment program. Background Rationale: The Town has offered to pay "Bravo" a total compensation of $56,625 for the provision of booking and other services relating to entertainment programs for the summer season. A contract needs to be entered into between the parties setting forth the details of this arrangement. Staff Recommendation: Review the contract and give additional direction. 3:10 5. Discussion of Amplified Sound Permit Process Larry Eskwith Action Requested of Council: Discuss how to handle. amplified sound within the Town for the upcoming summer season. Background Rational e_: Larry believes there are serious legal problems with our current amplified sound permit process and would like to discuss how the ordinance might be amended to effectively deal with the problem and meet legal and constitutional standards. 3:25 6. Information Update 3:30 7. Other 3:35 8. Executive Session - Personnel Matters 4:10 9. Site Visit to proposed Vail Gateway Project (Amoco Station) -2- LETTER OF AGREEMENT THIS LETTER shall serve as the Agreement by and between the TOWN OF VAIL ("the Town"), whose legal address is 75 South Frontage Road, Vail, Colorado 81657, and BRAVO! COLORADO, a non-profit organization, agent for production ("Agent"), whose legal address is P. 0. Box 1108, Vail, Colorado 81658, for street entertainment and Gerald R. Ford Amphitheater productions pertaining to the Masters of Music Series in Vial, Colorado for the 1988 season. This Agreement is based upon the following terms and conditions: 1. SERVICES TO BE PERFORMED. Bravo! Colorado will be responsible for programming the 1988 summer street entertainment and for administering and producing the Masters of Music appearances at the Gerald R. Ford Amphitheater. Bravo! Colorado will be responsible for all areas of management, payroll, scheduling, production and related responsibilities. 2. TERMS. The term of this Agreement shall commence on March 1, 1988 and shall expire October 15, 1988. 3. PERFORMANCE SCHEDULE AND BUDGET. Disney Sport Goofy 11 Weeks Thursday - Sunday June 23-September 4, 1988 Weekend Music (Colorado 11 Weeks June 23-September 4, 1988 Spring Symphony Brass, Paragon Brass, Colorado Children's Chorale, Dallas Brass) TOTAL COST APPROXIMATELY ADMINISTRATION BRAVO! COLORADO (Seed money) Development of Masters of Music Festival at the Gerald R. Ford Amphitheater. Minimum of 5 concerts in the first year at the Gerald R. Ford Amphitheater. TOTAL 4. PAYMENT. Street Entertainment (Friends of Dance, Mimes, Jugglers). 11 Weeks June 23-September 4, 1988 $27,500.00 $ 4,125.00 $25,000.00 $56,625.00 Payment shall be made by the Town to the Agent as follows: A. Twenty-nine thousand one hundred twenty-five dollars ($29,125.00) .~ shall be due and payable to the Agent upon receipt and execution of this Letter of Agreement. B. Twenty-seven thousand five hundred dollars ($27,500.00) representing the portion of the fee to be paid for the summer entertainment program shall be due and payable on July 1, 1988. 5. INSURANCE. A. Agent shall at his sole cost and expense, maintain in full force and effect during the term of this Agreement, general comprehensive liability insurance which shall cover all working personnel, including contractual endorsement and personal injury endorsement with limits of $1,000,000 per occurrence. B. Agent shall take out and maintain during the term of this Agreement, Workman's Compensation Act Insurance in accordance with the provisions of the Workman's Compensation Act of the State of Colorado, for all entertainers engaged in services. In case services are subcontracted, Agent shall require the subcontractor similarly to provide Workman's Compensation Insurance for all the tatter's employees who are engaged in such service. Agent shall provide the Town with a certificate of insurance acceptable to the Town prior to the commencement of services. The policies referenced above shall contain a provision that coverage afforded thereunder shall not be cancelled or materially altered without thirty (30) days prior written .notice thereof to the Town. The Town shall be named as additional insured under the policies referenced above as its interest may appear. 6. INDEMNITY. Agent and entertainers agree'to indemnify, defend and hold harmless the Town and its respective agents, aff iliates, officers, directors, and servants and employees from and against any and all liability, claims, liens, demands, actions and causes of action whatsoever arising out of or related to entertainer's negligent acts, errors, or omissions or that of Agent's or entertainer's employees while engaged in any activity associated with or relating to this Agreement. 7. RULES AND REGULATIONS. All rules and regulations in effect at the site of said music shows in Vial, Colorado or access thereto regarding passes, badges, lists of employees, safety and conduct on the property shall be rigidly observed by entertainers, their personnel and employees. -2- i 8. NOTICES. Any bill, statement, notice, demand or communication which either party may desire to be required to give to the other party shall be in writing and shall be deemed to have been sufficiently given or rendered if delivered personally or sent by first-class United States Mail, postage prepaid and addressed as follows: If to the Town: Town Manager Town of Vail 75 So. Frontage Road Vail, CO 81657 If to Agent: Bravo! Colorado P. 0. Box 1108 Vail, CO 81658 The time of rendition of such bill or statement and of the giving of such notice, demand or communication shall be deemed to be the time when it is personally delivered or mailed. Either party shall have the right to designate in writing, served as provided above, a different address to which any notice, demand or communication is to be mailed. 9. EXPENDITURE OF FUNDS. Attached to this Agreement and incorporated herein by reference as Exhibit A, is Bravo! Colorado's proposed 1988 expenditure budget. The Agent hereby warrants and represents that it will spend the funds received from the Town pursuant to this Letter of Agreement in accordance with the terms and conditions hereof and in accordance with the proposed 1988 budget. 10. ADMINISTRATIVE CONTROL OF FUNDS. A. The Agent will monitor each event organized by it pursuant to this Agreement and shall provide the Town with a financial report of each event within thirty (30) days after its conclusion. The report shall provide information as to how Town of Vail funds were expended. B. The Agent shall submit to the Town an accounting of funds received and expended by it for each quarter during the term of this Agreement within thirty (30) days after the end of each quarter. C. The Agent shall submit to the Town an audit of all sums paid by the Town to the Agent and the expenditure of such sums by an independent accounting agency approved by the Town's Director of Administrative Services on or before November 15, 1988. The expense of this audit shall be paid by the Agent as an expense of administration. -3- D. The Agent shall keep or cause to be kept true, accurate and complete accounting records of all business and financial transactions conducted pursuant to this Agreement and shall make such records available to the Town upon reasonable request therefor without delay and without expense. The Agent agrees the Town shall have the right through its duly authorized employees, agents or representatives to examine all pertinent records at any and all reasonable times for the purpose of determining the accuracy thereof and other reports required to be provided and filed with the Town pursuant to this paragraph. 11. DELEGATION/ASSIGNMENT OF DUTIES. Agent or entertainers shall not delegate or assign any of the duties or obligations under this Agreement to any third party without the prior written consent of the Town. 12. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties hereto and supersedes any and all prior agreements, proposal, negotiations and representations pertaining to this Agreement shall be binding unless evidenced in writing and signed by and on behalf of the parties to this Agreement. 13. MISCELLANEOUS. A. If any provision of this Agreement shall prove to be illegal, invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. B. The captions of each section are added as a matter of convenience only and shall be considered of no effect in the construction of any provision of this Agreement. C. The covenants, conditions and agreements contained in this Agreement shall bind and insure to the benefit of the Town and Agent and their respective heirs, distributees, executors, administrators, successors, and, subject to paragraph ll, their assigns. If there is more than one entity or person which or who are the entertainers or Agent under this Agreement, the obligations imposed by Agent or entertainers under this Agreement shall be joint and several. D. This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado. E. The term "Agent" or "Entertainer" herein, or any pronoun used in their place, shall include the masculine, feminine, singular, plural, individuals, partnerships or corporations where applicable. -4- F. Any and all warranties, provisions, rights and obligations of the parties herein described and agrees to be performed subsequent to the expiration or earlier termination of this Agreement. G. Should arbitration or litigation occur between the parties hereto relating to the terms, covenants and conditions of this Agreement, all litigation expenses, collection expenses, witness fees, court costs and attorneys fees incurred by the prevailing party shall be paid by the non-prevailing party to the prevailing party. H. This Agreement is offered to the Town for signature by the Town and submission to Bravo! Colorado and this Agreement shall not be binding upon the Town unless and until executed by Bravo! Colorado. If this Agreement is acceptable to you, please sign below as your acknowledgement and return one of the enclosed copies to Bravo! Colorado. Dated this day of ~ 1988• BRAVO! COLORADO By: TOWN OF VAIL By: Rondall U. Phillips, Town Manager -5- M r