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)
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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)
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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.
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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.
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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.
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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
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