HomeMy WebLinkAbout1988-46 Approving a Service Agreement with the Vail Metroplitan Recreation DistrictRESOLUTION NO. 46
Series of 1988
A RESOLUTION APPROVING A SERVICE AGREEMENT BETWEEN
THE TOWN OF UAIL AND THE UAIL METROPOLITAN RECREATION DISTRICT.
WHEREAS, the Town of Uail ("the Tawn"} and the Uail Metropolitan Recreation
District ("the District") have provided and presently provide recreational programs
and services to the inhabitants and guests of the Town; and
WHEREAS, after a long period of discussion and negotiation, it is the desire of
both parties to provide for the provision of all such services by the District; and
WHEREAS, the Town and the District are authorized by the Constitution and the
Statutes of the State of Colorado, including C.R.S. 29-1-203, as amended, to enter
into intergovernmental agreements to govern the provision of such services to the
inhabitants and visitors of the Town; and
WHEREAS, the parties wish to enter into the agreement attached hereto as Exhibit
A and made a part hereof by reference providing for the provision of such
recreational programs and services by the District to the Town, and setting forth
details in regard thereto.
NOW, THEREFORE, BE IT RESOLVED 8Y THE TOWN COUNCIL OF THE TOWN DF UAIL,
COLORADO:
The service agreement between the Tawn and the District attached hereto as
Exhibit A be hereby approved.
2. The Town Manager be hereby authorized to execute said agreement, and a71
employees, officers, and agents of the Town of Vail to take all steps necessary to
put said agreement into effect.
INTRODllCED, READ, APPROVED AND ADOPTED this 2Oth day of December, 1988.
Kent P!. Rose, Mayor
ATTEST:
Pamela A. Branameyer,v Town Cleric
TOWN OF VAILiUAIL METROPOLITAN RECREATION DISTRICT
AGREEMENT
THIS AGREEMENT is made and entered into this day of ,
1988, by and between the TOWN OF UAIL, COLORAnO, a Colorado municipal corporation,
hereinafter referred to as "the Town," and the UAIL METROPOLITAN RECREATION
DISTRICT, a Colorado quasi-municipa] corporation, hereinafter referred to as "the
District".
WHEREAS, the Town and the District provide recreational programs and services to
the inhabitants and guests of the Town; and
WHEREAS, it is the desire of both parties to provide far the provision of all
such services by the District; and
WHEREAS, the Town and the District are authorized by the Constitution and
Statutes of the State of Colorado, including C.R.S. 29-1-203, as amended, to enter
into governmental agreements to govern the provision of such services to the
inhabitants and visitors of the Town.
NOW THEREFORE, in consideration of the mutual promises contained herein, the
parties hereto agree as follows;
I. PEfRPOSE
It is the general purpose of this Agreement to transfer the management and
provision of all recreational services for the inhabitants and visitors of the Town
of Uail to the District. It is intended that such a transfer shall be financially
neutral to the Town and that all financial benefits and costs viii accrue to the
District.
2. SERVICES TO 8E PROVIDED BY THE DISTRICT
The District shall provide to the Town recreational programs and services.
Such services and programs shall be of high quality and shall be of sufficient
diversity and scope to meet the recreational needs of the inhabitants of the Town
and the visitors thereto.
3. REAL PROPERTY AND IMPROVEMENTS THEREON
A. The Town grants the District a license to use the following real
estate, and improvements thereon set forth below and more particularly described in
Exhibit A attached hereto (the Premises):
i) John Dobson Ice Arena and Environs
ii) Upper Floor of the Old Town Shop, except the Police Weight Room
iii} Youth Center
iv) Nature Center
v} Upper Bench of Ford Park
vi) Public Tennis Courts
vii) Athletic Field
subject to the following terms and conditions:
1) Use of Premises
The premises sha17 be primarily used for recreation programs and
services except as otherwise provided for herein. The district shall permit the
Town to use the Upper Bench of Ford Park for skier parking during the ski season.
The Town, at its sole cost, shall repair any damage to the Park caused by such
parking.
2) Utilities
The District sha71 pay all charges for gas, electricity, light,
heat, power, and telephone, or other communications services used, rendered, or
supplied upon or in connection with said premises and shall indemnify the Town
against any liability ar damages on account of such charges.
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3) Access to the Premises
The Town and its agents shall have the right to enter in or on
the premises to examine them, to make and perform such alterations, improvements, or
additions that the Town may deem necessary or desirable for the safety, improvement,
or preservation of the premises.
4) Alterations b.v the District
The District shall make no alterations, additions, or
improvements in or to the premises without the Town's prior written consent. All
such work shall be performed in a good and workmanlike manner, and a17 alterations,
additions, or improvements upon the premises shall, unless otherwise agreed at the
time the Town's consent is obtained or unless the Town requests removal thereof,
become the property of the Town.
5) Maintenance and Repairs
The District shall take good care of the premises and the
fixtures and improvements therein including without limitation, any storefront
doors, p7ateglass windows, heating and air conditioning systems, plumbing, pipes,
electrical wiring and conduits, and at its sole cost and expense perform maintenance
and make repairs, restorations, or replacements as and when needed to preserve them
in good working order and first class condition. The District's obligation for
repair and replacement shall include all interior, exterior, nonstructural, ordinary
and extraordinary, unforeseen and foreseen repair, snow removal, and rubbish
removal, landscaping and lawn care. The Tawn shall replace all plumbing facilities
and equipment installed for the general supply of hot and cold water, heat, air
conditioning, and electricity when such replacement is necessary to keep the
property and improvements functioning properly, when the cost of the replacement
thereof exceeds five thousand dollars {$5,000). The repair, maintenance and
replacement of the refrigeration system for the ice surface in the Dobson Ice Arena
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shall be the sole responsibility and cost of the District. The Town shall not be
responsible far the replacement of any equipment damaged by the willful acts or
negligence of the District. The District shall develop a maintenance schedule for
each respective improvement used pursuant to this Agreement, which schedule shall be
subject to the approval of the Town. The District shall keep a log setting forth
actual maintenance performed at the Dobson Ice Arena. The log shall be kept in the
same manner as presently maintained by the Town prior to the effective date hereof.
6) Assignment
This license shall be non-assignable and the District shall not
mortgage, hypothecate, or encumber any of the facilities set forth herein without
the prior written consent of the Town in each instance.
7} Damage to or Destruction of Premises
If any of the licensed premises are damaged by fire or other
cause so that they may not be used for the purpose which they were intended and the
repair or replacement of such premises shall require substantial cost, the Town may
elect not to repair such damage and this license shall automatically terminate as it
relates to said damaged or destroyed premises effective as of the giving of notice
by the Town of such election.
8) In.7ury to Person or Property
a) The District covenants and agrees that the Town, its agents,
servants and employees shall not at any time or to any extent whatsoever be liable,
responsible or in any way accountable for any loss, injury, death or damage to
persons or property or otherwise which at any time may arise in connection with the
premises or be suffered ar sustained by the District, its agents, servants or
employees, or by any other person rightfully on the premises for any purpose
whatsoever, whether such loss, injury, death or damage shall be caused by or in any
way result from or arise out of any act, omission or negligence of the District, its
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agents, servants or employees or of any occupant, subtenant, visitor or user of any
portion of the premises, or shall result from or be caused by any interference with
or obstruction of deliveries to the premises by any person or by the lass or
destruction by any person of furniture, inventory, valuables, files or any other
property kept or stared on or about the premises or by any other matter or thing
unless resulting solely from the negligence or willful misconduct of the Town, its
agents, servants or employees. The District shall forever indemnify, defend, hold
and save the Town free and harmless of, from and against any and all demands,
claims, causes of action, liabilities, losses, damages or judgments on account of
any of the foregoing provided that this indemnity shall not extend to damages
resulting solely fram the negligence or willful misconduct of the Town, its agents,
servants or employees. The foregoing obligation to indemnify shall include
indemnification to the Town for all costs, expenses and liabilities (including, but
not limited to, attorneys fees) incurred by the Town in investigating and defending
any of the matters covered hereby.
b} The Town, its agents, servants and employees shall not be
liable for injury, death ar damage which may be sustained by the improvements,
betterments, persons, goods, wares, merchandise or property of the District, its
agents, servants, employees, invitees or customers or any other person in ar about
the premises caused by or resulting from fire, explosion, falling plaster, steam,
electricity, gas, water, rain ar snow, leak or flow of water, rain, or snow from or
into part of the building or from the roof, street, subsurface or from any other
place or by dampness of fram the breakage, leakage, obstruction or other defects of
the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting
fixtures of the building or the premises.
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9) End of Term
Upon the expiration or other termination of this Agreement, the
District shall promptly quit and surrender to the Town the premises in goad order
and first class condition, ordinary wear excepted. The District sha]1 remove such
alterations, additions, improvements, fixtures, equipment, and furniture as the Town
shall require.
10) Compliance with All Laws and Reaulations
The District agrees not tv use or permit the premises to be used
for any purpose or in any fashion prohibited by the laws of the United States, or
the State of Colorado, or the ordinances or regulations of the Town of Vail
including the Town's no smoking ordinance, Ordinance No. 11, Series of 1988.
B. In addition to the recreational premises set forth in this Agreement,
the Town further grants a license to the District to utilize the offices they are
presently utilizing at the time of the signing of this Agreement in the Uail Public
Library for continued use as office space only, subject to the terms and conditions
set forth in Section 3A hereof, except that the District shall not pay utility costs
for said offices which costs shall be the responsibility of the Town. The Town
further grants the District the right to utilize ten (10) parking spaces on the land
commonly known as the Mud Lvt. The right to use said parking spaces may be
terminated by the Town upon the giving of thirty (30) days written notice of such
termination to the District.
C. The Town currently leases from third parties the following premises
for recreational purposes:
a) Red Sandstone Gym
b) Potpourri Day Camp
The Town shall attempt to assign said leases to the District subject
to any restriction on assignment contained in said leases.
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Q. EQUIPMENT
A. The Town hereby transfers to the District for its use during the term
hereof the personal property, equipment, and vehicles set forth in Exhibit B hereof.
B. Except as otherwise provided far herein, the District shall furnish
and supply all necessary labor, supervision, equipment, motor vehicles, office
space, operating and office supplies necessary to provide the Town with the services
contemplated hereunder. All equipment and vehicle maintenance costs steal] be the
sole responsibility of the District.
5. SERVICES PROVIDED BY THE TOWN
The Town shall provide the District with financial and computer services as
set forth in Exhibit C attached hereto and made a part hereof by reference. In
addition, the Town shall provide the District with planning services subject to such
control and provisions as the Town deems appropriate. The District steal] pay no
charge for ordinary ongoing day-to-day planning services, but for services which the
Town in its sole discretion deems extraordinary, the District shall pay a rate as
shall be agreed upon by the parties on a case by case basis. Throughout the term of
this Agreement the Town shall have the right to use the Apple computer located in
the District office on the date of execution hereof or any replacement or substitute
therefor, at all reasonable times.
6. HEALTH INSURANCE
The District shall be liable for eleven and one-half percent (11.5%) of
accrued liabilities of the Town`s health insurance plan existing on December 31,
1987 based on the number of eligible District and Town employees as a percentage of
the plan's total eligible employees.
7. CONTROL OE THE JOHN DOBSON IGE ARENA
The parties understand the John Dobson Ice Arena is a multi-use facility
utilized for both recreation and other purposes by the Town, and further understand
the Arena is subject to certain terms and conditions contained in a Deed of Gift
between the Town and the Websters, a copy of which is attached to this Agreement as
Exhibit D. The District agrees not to violate any of the terms and conditions of
said Deed of Gift during the term hereof. The District's use of the Arena pursuant
to this Agreement shall be subject to all outstanding agreements between the Town
and third parties far or relating to the use of the Arena. The District agrees that
during the term hereof the District shall allow the following organizations the
right to use the Arena free of charge. The District shall allow other nonprofit
corporations_which are located in the Upper Gore Valley to use the Arena for events
that provide a social or cultural benefit to the Town for a fee equal to the casts
and expense of staging the event.
Battle Mountain High School for graduation ceremonies
The District agrees to use its best efforts to maximize the use of the
Arena for conventions, meetings, conferences, concerts, and other income producing
events during the period it is not required to use the Arena for ice skating by the
Deed of Gift. During the term of this Agreement, the Town shall have the right to
use the Dobson Ice Arena for a total of thirty (30) days during each year of the
term hereof for whatever purposes it deems appropriate upon the giving of thirty
30) days written notice of such use to the District. The Town may exercise twenty
20) of said days between March ].5 and December 15, and ten (10) of said days
between December 1.5 and March 15. The Town shall be responsible and shall have the
right to negotiate all terms and conditions of any activity or event the Town wishes
to use the Arena for during said thirty (3Q) days. The District shall be entitled
to receive the gross receipts or rent produced by any such event less all expenses
and casts thereof.
If the Town makes a good faith decision at a public meeting that the
welfare of the Town and its inhabitants requires that the Dobson Arena be utilized
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entirely for purposes other than recreation, it shall give notice thereof to the
District. The District shall have ninety (90} days from the giving of such notice
to vacate the premises in accordance with the provisions set forth in paragraph
3A(9} hereof.
8. RECREATION PLAN
During the month of February, 1989, at a regular or special meeting of the
Town Council of the Town of Uai7, and during each subsequent February during the
term of this Agreement, the District shall present a recreation plan to the Town
Council detailing the District's fees, budget, plans and programs for the
forthcoming year. The Town Council shall be given the appartunity to critique the
plan and suggest changes in the plan to the District. The District shall give due
consideration to all requests of the Town regarding the plan. The District shall
base its recreational program for the forthcoming year on said plan.
9. FINANGIA~ CONTRIBDTIONS
The Town shall contribute to the District the sum of five hundred
twenty-two thousand thirty-three dollars ($522,033) as set forth in Exhibit E hereof
for each year during the term of this Agreement to be used by the District
exclusively for the provision and development of recreational services, programs,
and facilities to the Town. If the Coors Classic is not held within the Town and if
the District does not provide Fourth of July youth programs during any year hereof,
the contribution of the Town shall be reduced accordingly. This contribution shall
be made to the District for each year during the term hereof as follows:
A.January 4%
B.February 2~
C.March 15~
D.April 6~
E.May 6~
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F.June 5%
G.July -15%
H.August -14%
I.September -10%
J.October -10%
K.November -6%
L.December -6%
No later than two (2) years from the date hereof the District will hold an
election and submit a mill levy increase to the authorized voters of the District.
The mill levy increase shall be sufficient to increase the District`s annual tax
revenues in an amount equal to the Town's annual contribution provided for in this
paragraph. 5houid the mill levy increase be approved, the Town shall take all steps
necessary to reduce its mill levy so its tax revenues are reduced by an amount
equivalent to the District's increase.
in any year during the term hereof in which the Town decreases its general
fund expenditure budget subsequent to January 1 of any fiscal year, the Town's
contribution to the District shall be proportionately reduced.
In any year in which the Town reduces its budget by decreasing its general
fund expenditures five percent (5%) or greater than the expenditures in the previous
year's budget due to a fiscal emergency occasioned by severely reduced sales tax
revenues or extraordinary expenditures, the Town`s contribution to the District
shall be proportionately reduced.
ZO. GOLF, TENNIS, AND SKATING PASSES
The Town will be charged by the District at the residential rate in effect
at the time for each time a Town employee plays golf or tennis. However, the Town
shall not be charged a total amount for any employee in excess of the respective
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cost then in effect for a resident golf or tennis pass. The District shall provide
skating passes for Town employees at na cost.
11. DEBT
The Town shall be solely responsible for all debt related to recreation
facilities owned by the Town existing on the effective date of this Agreement. All
financing far recreational purposes occurring subsequent to the effective date of
this Agreement shall be agreed upon by the Town and the District on a case by case
basis.
12. DISTRIDT BO~JNDARIES
The District and the Town will use their best efforts to take whatever
steps are necessary to make the boundaries of the District and the Town coterminous.
13. PERSaNNEf~
The Town and the District and their respective officers, agents, and
employees shall fully cooperate sa as to facilitate the performance of this
Agreement. The provision of recreational services and programs as contemplated in
this Agreement, the hiring, firing, and discipline of District employees shall be
the responsibility of the District. No person employed by the District, in
accordance with this Agreement, shall have any right to Town benefits including
health insurance and pension. The District, however, may invest pension funds with
the Town subject to such conditions as may be established by the Town and permitted
by law. The Town shall not be liable for the payment of any salaries, wages, or
other compensation to any District personnel performing recreation services pursuant
to this Agreement, .nor.f.ar..arty obligation of the District other than provided for
herein. Nothing herein shall obligate the Town to be liable for the injury or
sickness of any District employee arising out of his/her employment.
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f4. LIABILITY AND INSURANCE
A. The Town, its officers, and employees shall not be deemed to assume
any liability for the intentional or negligent acts, errors, or omissions of the
District or of any officer, agent, or employee thereof. Likewise, the District, its
officers, and employees shall not be deemed to assume any liability for the
intentional or negligent acts, errors, or omissions of the Town or of any officer or
employee thereof.
B. The District agrees to indemnify, defend, and hold harmless, to the
extent a7~owed by law, the Town, its respective agents, officers, servants, and
employees of and from any and all loss, costs, damage, injury, liability, claims,
liens, demands, action, and causes of action whatsoever, arising out of or related
to the District's intentional or negligent acts, errors, or omissions, or that of
its agents, officers, servants, and employees, whether contractual or otherwise.
Likewise, the Town agrees to indemnify, defend, and hold harmless, to the extent
allowed by law, the District, its respective agents, officers, servants, and
employees of and from any and all loss, costs, damage, injury, liability, claims,
liens, demands, action, and causes of action whatsoever, arising out of or related
to the Town's intentional or negligent acts, errors, or omissions, or that of its
agents, officers, servants, and employees, whether contractual or otherwise.
C. The District and the Town shall respectively provide their own public
liability, property damage, and errors and Omissions insurance policies sufficient
to ensure against all liability, claims, and demands or any other potential
liability arising from this Agreement. Further, the District and the Town,
respectively, shall name, subject to the approval of each respective party's
insurance carriers, the other respective party as a coinsured under such insurance
policies and to the extent of any potential liability arising under this Agreement
and, upon reasonable written request, shall furnish evidence of the same to the
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other respective party. In any event, each party respectively shall procure and
maintain the minimum in insurance coverages listed below. All coverages shall be
continuously maintained to cover all liability claims, demands, and obligations
assumed by the parties hereto. In the case of any claims-made policy, the necessary
retroactive dates and extended reporting periods shall be procured to maintain such
continuous coverage.
a} Workman's Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract.
b) General Liability insurance with minimum combined single limits
of one million dollars ($1,000,000) each occurrence and one million dollars
1,000,000) aggregate. The policy shall be applicable to all premises and
operations and shall include coverage for bodily injury, broad form property damage,
personal injury, blanket contractual, products, and completed operations.
c} Comprehensive Automobile Liability insurance with minimum
combined single limits for bodily injury and property damage of not less than one
million dollars ($1,000,000) each occurrence and one million dollars {$1,000,000)
aggregate with respect to each of the parties owned, hired or non-owned vehicles
used in the performance of services hereunder.
d) Errors and Omissions insurance with minimum limits of one million
dollars ($1,000,000} each claim and one mi]lion dollars ($1,000,000) aggregate.
e} If the District obtains a liquor license to serve wine, beer, or
intoxicating liquors, it shad obtain liquor liability insurance with limits of one
million dollars ($1,000,000) each claim and one million dollars {$1,000,000) in the
aggregate.
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Failure of either party hereto to maintain policies providing the
required coverages shall constitute a material breach of this contract, upon which
the non-breaching party may immediately terminate this Agreement.
15. EFFECTIVE DATE
This Agreement shah become effective on the first day of January, 1989.
16. TERMINATION
A. Unless sooner terminated as provided for herein, this Agreement shall
terminate on December 31, 1993. Nothing contained herein shad be deemed to prevent
or estop the Town during the term of this Agreement from taking action to dissolve
the District pursuant to Section 32-1-701 C.R.S., as amended.
B. Upon termination of this Agreement as set forth herein, the District's
license to use Town real property and all improvements thereon shall cease as
provided for in paragraph 3A(9) hereof. In addition, the District shall convey to
the Town all equipment, vehicles, and personal property set forth on Exhibit B which
had been previously transferred to the District. In the event that any such
equipment, property, or vehicles had been replaced by the District, the District
shall convey to the Tawn such replacement.
17. MISCELLANEOUS PROVISIONS
A. No modification or waiver of this Agreement or of any covenant,
condition, or provision herein contained shad be valid unless in writing and duly
executed by the party to be charged therewith.
B. This written Agreement embodies the whole Agreement between the
parties hereto and there are no inducements, promises, terms, conditions, or
obligations made or entered into either by the Town or the District other than those
contained herein.
C. This Agreement shall be binding upon the respective parties, their
successors or assigns.
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D. All agreements and covenants herein are severable, and in the event
that any of them shall be held invalid by a court of competent jurisdiction, this
Agreement shall be interpreted as if such invalid agreement or covenant were not
contained herein.
E. The District and the Town have represented to each other that each
possesses the legal ability to enter into this Agreement. In the event that a court
of competent jurisdiction determines that either of the parties did not possess the
legal ability to enter into this Agreement, this Agreement shall be considered null
and void as of the date of such court determination.
F. Any notices to be sent to the parties pursuant to the terms of this
Agreement shall be mailed to the following addresses:
Town Manager
Town of Vail
75 South Frontage Road
Vail, CO 81657
Chairman
Vail Metropolitan Recreation District
292 West Meadow Drive
Vail, CO 81657
G. This Agreement shall not be deemed to confer or grant to any third
party any right to claim damages or bring any legal action or claim against either
the District or the Town because of any breach hereof or of any covenant, condition,
or provision contained herein.
IN WITNESS WHEREOF, the Town and the District have executed this lease as of the
date first set forth above.
TOWN OF VAIL, a Colorado municipal
corporation
VAIL METROPOLITAN RECREATION
DISTRICT, a Colorado
quasi-governmental corporation
By:
Rondall V. Phillips, Town Manager
By:
Timothy R. Garton, Chairman
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EXHIBIT C
FINANCIAL/COMPUTER SRRVTCES THE TOWN WILL PROVIDE FOR VMRD FOR A
FEE
PURCHASING AND CASH DISBURSEMENTS
Input Claims
Print Checks
Prepare Hand Checks
Prepare Checks for Signing
Review Checks and Backup
Mail Checks
File Checks and Stamp Paid
PAYROLL
Master File Updates
Print and Distribute Time Sheets
Time Sheet Preparation
Input Time
Verify Batch Totals
Input Voids and Handwrites
Run a Trial Register and Verify
Print and Sign Checks
Run Reports
Maintain Payroll Personnel Files
Process Payroll Advances
Quarterly Reports
Preparation of W-2's
CASH RECEIPTS
Review Daily Sheets and General Ledger Posting
Ice Arena
General Recreation
Nature Center
Tennis Courts
Golf Deposits
Make the Bank Deposits {For Recreation and Ice Arena)
Pick up money at Ice Arena and Recreation Department Daily
Monday-Friday
CASH MANAGEMENT
Track Interest Income
Reconcile Bank Accounts
EXHIBIT C = --
PAGE 2 • -._-- -- -~
CQMPUTER . _ _- -- --- - - - - -- - - .. ..- _- -. - -._ - - ~-
Provide Necessary Computer Time
Daily Backups (Mainframe only)
Upgrades to Financial Software including GL, APfPO, CC, PR,
AR, FA
System Maintenance
Query into Accounts Payable, Accounts Receivable, and General
Ledger, Payroll/Personnel and Fixed Asset Software
Programs
OTHER
Reconcile any Hotel and Convention Advance Deposits
Prepare Sales Tax Return
Reconcile other General Ledger Accounts
Review Month End General Ledger
Maintain Fixed Asset Ledger as information is provided by
VMRD -
Invoice Misce~,ianeous Charges
TOWN OF VAIL FEE
Tatal_1989 fee for these services will be $33,375. The Town
will bill VMItD in equal monthly installments of $2,781.25.
VMRD is~to let the Town know on an annual basis, by mid-July,
what financial/computer tasks they want the Town to provide
for the next year. The Town will then provide VMRD the next
years, cost for those services.
FINANCIAL/COMPUTER SERVICES VMRD WILL PERFORM FOR THEMSELVES
CASH RECEIPTS
Receigt Cash Through the Register
lose~-th_e_Register..and Prepare.Daily Cash Sheet
Collect Bad Checks _~and_ Bad Debts . , . ~_ _ _
PURCHASING CASH DISBURSEMENTS
Purchase Order Preparation
Print Purchase Orders and Distribute
Distribute Mail
Obtain Purchase Order Authorization
Vouch the Invoices '
Reconcile Monthly Vendor Statements
Sign Checks
EXHIBIT C
PAGE 3
PAYROLL
Payroll Audit per FLSA
COMPUTER
P.C. Repairs: and: Maintenance _ _
Software Maintenance on Parks and Recreation Programs and
Requested Upgrades
PURCHASE OF FORMS
VMRD is responsible for the procurement and payment of their
own payroll and accounts payable checks, time sheets,
computer-paper and any other_necessary forms.
ONGOING FINANCIAL/COMPUTER RELATED SERVICES TOV WILL PROVIDE FOR
AN ADDITIONAL FEE '
Financial/computer related services not included in standard
fee to VMRD but the Tawn will provide upon request for a fee
of $30 per hour, adjusted annually.
Meeting Attendance _
Financial Planning _
udget_ Control ,. _ - - - „ _ : _ - - - _ ..... _ ._ _ . ._ -.. . .
Preparation, of Month-end~Treasurer!s Report -
Contract Administration '
Preparation of Annual Budget
Audit Preparation
T_~'_~~Financial and Computer Training
Cash ~ Flow Projections - - ~ ---- - "~- ' ' --~
Document, Design and Maintain Accounting Systems for Good
Internal Control
Maintain Cash Ledger -
iDY~st~ExcessrCash _-- _ _ ~ ~ ~_:- . _ _ _ . ~.. -
EXHIBIT C
PAGE 4
ONE-TIME SERVICES AND PURCHASES
The Town will perform these one-time services for VMRD at an
hourly rate of $20 plus any direct equipment or service costs.
Set up New Accounts with Budget History (1987-1988) Data
Transfer Employee Master File Information to VMRD
Fixed Asset Input ,and Reconciliation for VMRD Assets (prior
to January 1, 1989) ~ ~ -
Set up Independent Cash Receipting System
Dot Matrix Printer (estimated cost $4,000-$7,000)
Pension Plan Document and Trust Agreement
Modifications to Quarterly Benefit Statement and Reports
Personnel Systems and Processes
OTHER - ~ . " _ ~ - - ;.. ~ . _ . -. _ ._ ' :.
VMRD will maintain a printer at the recreation offices to:
Print Purchase Orders -"_ _, - __.__.___ _ _ ..
Print Financial Reports
Print Daily Cash Reports_ ,
VMRD is responsible far all their own procurement oi' supplies
and materials.
The pay phones in the Ice Arena and the Teen Center shall
continue to exist with the Town per its multi-year agreement
with U.S'. Transcommunicatians, Inc. U.S. West pay phones
shall-remain the responsibility of recreation.
If. the Town performs VMRD's financial services as described
Herein, ~ then VMRD agrees . to bank at the same bank as the
Town. -The Town and VMRD may contract together for banking
services in order tv maximize savings.
The Town shall notify the District Manager in a timely manner
of~any violations of policies or procedures established by
he~~District. The Town Controller shall be notified if any
changes are made to policies and procedures established by
the District.
The Town's accounting staff shall not be held liable far
errors and irregularities that may occur if they acted
prudently and in conformance with the District's written
accounting policies and procedures, or if the District has
not provided for written accounting policies and procedures.
EXHIBIT C
PAGE 5
VNgtD shall set up separate accounts with vendors and notify
them that all invoices and statements be mailed directly to
VMRD's past office box.
4• .. ~ ... ..,
O y ~ ~ Y
Estimate of Costs to Provide Accounting Services far the
Proposed Vail Metrop,alitan Recreation District
CDHP TOTAL BILL FATE DOLLAR
AF'~LICAT IDty VMRD CCMr^ HD'sR"a HR5 P"cr EMir AM~:i:~~tiT
TASf;5 TA5f:5 RQD PEF MD. PE4 Mn, PEP HDllr^, PER MD.
Purchasing and Cash ,
Disbursements:
P.Q. preparation
Print P.D.s & distribute
Distribute mail
Obtain authc+rizatian
Vouch the 1nV41ce
Reconcile ma. stmt5
Input claims
Write che~_fa
Hand checks
Prepare chks far sig
Sign che~_€:s
Review ci~ks °~ bac€.up
Mail chks
Pile checks °~ stamp paid
PayraIl:
Master file updates
Print L. distribute time
sheets
Time sheet prep
Input time
Verify batch totals
Input voids and handwrites
Run atrial register verify
Print & sign checks
Run reports
Misc duties iMaintain personnel files)
Process advances
Quarterly reports
Prepare W-2's
12/13/88
AVE~;A~sE
Afv?~I;AL RILL FATE
FATE PEF NDUk
x x 18
x x 5
x
x
x
x 32 X2.40 313. b0 3416.64
x 1 1.04 513.00 313.40
x 10 14.04 513.44 314.44
2.44 11.04 322.b6
x
4,ctt~22.75 591.04
4.44 311.44 44.40
4,44 11.40 44.44
66 57,~~4 Si64.b6 59,12b.44 313.33
x 3 3.54 515.25 355.88
x 4 3.50 311.06 338.54
x 7 1.44 311.04 513.:.44
x 1 7.46 315.46 391.44
x 2 1.54 516.25 524.,3
x 1 1.50 316.25 324.38
x 1 3.64 311.04 5,3.44
x 1 3.40 313.46 339.66
x 3 2.40 311.44 322.06
x 5.64 31fi.?5 381.25
x 2.56 31fi.?5 Y4.fi3
x 3125.04
x 3114.46
23 44.54 358^a.Ob 36,936,46 313.10
Estimate of Costs to Provide Accounting Services for the
Proposed Vail Metrapalita.n Recreation District
COMP TOTAL FILL PATE DOLLAR AVEF'AGE
AF'PLiCATION VMRD COMP HO1JR5 fiRS PER EMP AMOtfNT Ai~hlUAL B1LL RATE
TA5k.5 TA5};S RED FEP, MO.PER' Ma.FER HOJR FcR lid,RATE PER HOUR
Cash receipts:
P,eceipt cash thru the register
Close the repister and
prepare daily sheet
Collect bad checks
P.eview daily sheets °~ past G.L.
Ice arena
Gen Rec
Nature center
Tennis courts
Golf deposits
Pict; up daily cash Ice °{ Rec
Ma};e the danl; depr~sit Ice & Rec
Cash management:
Track interest income
P.ecan~_ile han1:: a~~tts
Review hank rec's
Other accounting activities
reconcile hotel advance deposits
Invoice mile charges
Prepare sales tax return
Reconcile other G.L. accts
Financial repsrts
Review general ledger
Maintain fixed asset records
Tat al computer hours 161
Total computer maintenance i% of Actual Cults)
Pension administration ('/. of Actual Casts)
VMACF'ROl
x 44
x
x
x B 15.04
x 9 5.04
x 3 3.00
x ~3.75
x 5 5.50
5.54
20,40
6$57.75
1.40
f+~l
0 =0V
5.50
0.54
1.50
1.00
2.04
x 2 1.00
1.50
x 2 2.00
4 9.54
511.00 51b5.00
ll.40 555.04
11.04 $33.44
511.00 541.25
11.44 560,50
511.04 360.50
313.04 3~b0,+)0
6'S.?5 3B,i03.00 311.b9
513.04 313.00
31w.00 35"Z. tin
322.75 311.39
76,39 3916,50 313.93
316.'5 $8.13
16.25 324.3B
316,25 31b.25
316.25 $2,50
311,00 311.00
5"?2.75 334,13
513.04 3:5.00
3152.38 3i,B2B.50 316.04
51.7a` 32Bf.75 $3,381,40
5204.00 32,44C-,00
395.04
3s.;, x75.40
RECGOMI
EXHIBIT E
Detail of TOV Payment to VMRD
for Provision of Recreation Services
ITEM
PAYMENT
AMOUNT
TOV Recreation Subsidy
W-
476,383
Office Support Expenses 5,850
Unemployment Insurance Costs 2,500
Personal Computer Repair & Maint.500
Software Maintenance 788
Coors Classic 14,100
4th of 3uly Youth Event 8,000
Current VMRD Management Fees 29,234)
New VMRD Management Fees 33,375
Zamboni Replacement 3,196 ~
Refridgeration Equip. Replacement 5,700
Parking Passes 1,200
TOV Payment to VMRD 522,358
This amount will be supplemented by a
one-time payment of $7,500 for the Zamboni
and $12,000 for the refridgeration equipment.
x ~ ~ EXHIBI ~
lr..~ ...
DEED OF GIFT
AN15 AGREEt~iENT
P-
THIS AGREEd~iENT made this ~~ day of lvfd ~ •
1976 b 'and between the TOWN OF VAIL;•~a Colorado municipal
Y
corporation, and ELIZABETH M. j~TEBSTER. •. -
THEREAS, Mrs. Elizabeth M. Webster has offered to
make a gift to the Town of Vail of stock presently held by .
her in McGraw-Hill, Inc. for the purpose of enabling the Town
to build a regulation size ice rink; and :. _ ~ •
ti'HEREAS, the Town has long felt the need for such
a facility .and has accepted by Resolution No: 4, Series of .•
1976, • the gift offered by 'Nirs. Webster; ~ •
NOW, THEREFORE, in consideration of the recitals,'
mutual promises and agreements herein contained,. the parties
agree as folloc+'s: •,~ ~ ~ '
1} Mrs. Elizabeth M. t~Tebster hereby agrees to
transfer as a gift to the Towr-~ o` Vail sufficient sto:.3: in
ticGraw-Hill, Inc. having a value equal to the cost of~purchase
and installation of the following;
a) A complete, installed Holmsten Rinkma~ter
Direct Liquid Refrigeration ICE RINK including all
refrigeration and mechanical equipment necessary
for the making of ice fora regulation size ice
rink;
b) The boards, dasher shields. and hockey
goals surrounding the rink but not including
benches+or other enclosures;
e} Restroo:n and changing facilities;
d) Public address and music system;
r. ~;.
e) First .aid station; ~. •: • • ~ :z:• . ': ~` .
i dr equivalent; '.,~- ;:, '..:~.'. "?.ti:
g) ..Site preparation, ~ costs •and expens ., . ~:~~<: ~~, :~.
t -five Thousand •~:~ ~'~ _~" .
d to cost not over Twen y .;,
Dollars ($25,000.00}. - - •. ' . ; .~'-,~''',
r.
L _.
AGREEr1ENT Page 2
h) Incidental travel or investigation '
expenses that may be incurred by Town officials,
staff, or advisors for the selection of a con-
tractor, design of the rink, or a portion or all
of the facility expected to cost not over Five
Thousand Dollars ($5,800). •
2) fihe gift shall not exceed stock having a •value of
r
Three Aundred Fifty-Five Thousand Dollars ($355,000). .
i3} The above specifie3 gift shall be. made in •faur .
installments, commencing on May 11, 1g75, with the remaining
three installments to be made at mutually convenient times, expect
to be completed prior to December 31, 1976. The first install-
ment of the gift shall be &000 shares being transferred on or
before riay 11, 1976. '
4) The Tawn of Vail states that it is its intention
to place the ice rink on that parcel of property within the
Town known as Site 24. The Town intends that if it decides
to enclose the ice rink within a structure or building in the
future, such enclosed facility will be available for ice
related activities at Least ?5~~of the time it is open. ThE
Town also intends to provide sufficient staff and advisory
services to provide a quality facility that will be an asset
to the corm~-nunity. The Town further intends.
a) To provide grading, utility relocation
or replacement, and other site preparation that rtay
be necessary far the construction of the ice rink;
b) To pro:~ptly take all necessary steps
to select a contractor and other services so that
the ice rink rlay be substantially co*~pleted by
December 31, X376,
AGRE ;~T ~ ~ - Page 3
tcl To keep Elizabeth M. Webster and r'
her family fully informed as to progress that.
is being made toward planning an3 completion
of the facility.
d) To the extent feasible, to keep
the identity of Elizabeth M. T~Iebster,as donor,
confidential. •
EXECUTED on the day and year first above ~' .
written.
ELIZABETH M. WEBSTER
State of JIl~,J c~'l~Sell ) •
county of ~-e.rC~2 ! }
ss: •
Subscribed and scaorn to by Elizabeth M. S:ebster
this 4~- day of iday, 197b.
Notary Public
N07ARY pU~.1~ OF RrLY JERSEY
r•Sy COIrw'Tt1SSlOn expires: $~ Ccmnis~isn Eisirti Ha~tm~et B, 1478
ACCEPTED
TOZ•7~T OF VAIL, COLORADO,
A Colorado municipal corporation
y•
J J J ~
A~'TEST:
Town Clerk ~ `~~C `~
f ~ ~ ..