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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. 2- 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 3- 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 4- 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. 5- 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. s- 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 a- 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~ g- 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 10- 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. 11- 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 12- 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. 13- 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. 14- 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 15- 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 ~ ~ ..