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PACKET Community Development 1992-04-02
AGENDA COMMUNITY DEVELOPMENT COMMITTEE Thursday, April 2, 1992 2:00 p.m. 1. Contract for Transportation Services - Trolley Corp. 2. Conference Center Update 3. Advertising Program 4. Museum Report 5. Reports 6. Adjournment NOTE: The Community Development Committee reserves the right to consider other appropriate items not available at the time the agenda was prepared. CONTRACT FOR PASSENGER TRANSPORTATION SERVICES THIS AGREEMENT, effective the 1st day of January, 199 2, by and between the TOWN OF ESTES PARK, P. O. Box 1200, Estes Park, Colorado 80517 ("Town") and the ESTES PARK TROLLEY CORPORATION, a Colorado Corporation, P.O. Box 2360, Estes Park, Colorado 80517 ("Company"). WHEREAS, the Town is responsible for administering certain portions of the Estes Park Downtown Redevelopment Program, which includes provisions and programs for traffic circulation and parking, and movement of motor vehicles and pedestrians; and WHEREAS, Estes Park needs public transportation during certain periods of the year to accommodate the vast number of tourists and visitors; and WHEREAS, the Company is in the business of providing public transportation for passengers to, within and from downtown Estes Park and various locations in the Estes Park community, and holds a permit from the Colorado Public Utilities Commission for such business; and WHEREAS, the Company has provided such passenger transporta- tion services since 1987 in the Estes Park community. THEREFORE, in consideration of the mutual covenants and obligations in this contract, it is agreed by and between the parties as follows: 1. Company Services. The Company shall provide trolley (bus) passenger transportation services in the Estes Park community including to, from and within the downtown Estes Park area from approximately June 1, 1992 through September 7, 1992. The Company shall operate three trolley-type vehicles for such services. Additionally, the Company shall also provide the services contained in Appendix A, attached and made part of this contract. 2. Consideration. For the passenger transportation services, the Town shall pay the Company Twenty Thousand Dollars ($20,000.00) as follows: Date of Approval of this Contract by Town: $10,000.00 June 1, 1992 5,000.00 July 1, 1992 2,500.00 August 1, 1992 2,500.00 -1- 3. Town Representative. The Town hereby designates the Town Administrator as its representative who shall make or properly designate within the scope of his authority, all necessary and proper decisions with reference to this contract. 4. Independent Contractor. The services to be performed by the Company are those of an independent contractor and not as an agent, representative, officer, or employee of the Town. 5. Insurance. The Company shall procure and maintain during the entire term of this contract standard form comprehen- sive general public liability and property damage insurance in the amount of at least $150,000.00 per person and $400,000.00 per occurrence. Said policy shall include the Town as an additional insured and shall include a provision prohibiting cancellation or termination without thirty (30) days prior written notice to the Town. A Certificate of Insurance in a form acceptable to the Town shall be provided to the Town by the Company. The parties understand and agree that the Town is relying on, and does not waive or intend to waive by any provision of this contract , the monetary limitations (presently $150,000.00 per person and $400,000.00 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101 et. seq., C.R.S., as from time to time amended or otherwise available to the Town or any of its officers, agents or employees. 6. P.U.C. Permit. The Company shall maintain its current permit from the Colorado Public Utilities Commission for its operations during the term of this contract. 7. Default. Each and every term and condition hereof shall be deemed to be a material element of the contract. In the event either party should fail or refuse to perform according to the terms of this contract, such party may be declared in default thereof. 8. Remedies. In the event a party has been declared in default hereof, such defaulting party shall be allowed a period of five calendar days following mailing of written notice of default within which to cure said default. In the event the default remains uncorrected, the party declaring the default may elect to: (a) terminate the contract and seek damages; (b) treat the contract as continuing and require specific performance; or (c) avail itself of any other remedy at law or equity. In the event of default of any of the agreements herein by either party which shall require the party not in default to commence legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for and pay all costs, expenses, expert and legal fees related to such default. -2- 9. Severability. It is agreed the invalidity or unenforce- ability of any section, paragraph or provision of this contract shall not affect the validity or enforceability of any one or more of the other sections, paragraphs or provisions; and that the parties hereto shall execute any other instruments or perform any acts which are or may be necessary to effectuate all and each of the terms and provisions of this contract. 10. Assignment. This contract shall not be assigned by the Company without the prior written approval of the Town. 11. Entire Agreement. This contract constitutes the entire agreement between the Company and the Town and supersedes all other agreements of any nature between the parties. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk ESTES PARK TROLLEY CORPORATION By: -3- APPENDIX A The Estes Park Trolley Corporation shall provide the following: 1. Provide service to the Estes Valley, including the YMCA and travel parks to the west of the central business district, based on the needs of the tourist community, as mutually determined by the Town and company. 2. Toll-free trolley service for special events on the following: NUMBER OF DATE EVENT TIME TROLLEYS Americade 9 A.M.-8 P.M. 3 Scottish Highland 9 A.M.-8 P.M. 3 -4- CONFERENCE CENTER UPDATE VERBAL TOM PICKERING -5- Community Development Committee Meeting 4/2/92 Advertising Update: 1. As of 2/29/92 A. Total inquiries are up 35% over the same period in 1991 with 6,438 requests for information in 1992 compared with 4,766. B. Telephone inquiries are up 27% over the same period in 1991 with 6,129 calls during 1992 compared to 4,837. 2. Work in progress: A. 1992 Rodeo Poster and Event card B. 1992 Conference Center brochure. -6- 1 : '1111,1 "n, 1,1,1,1 . ~ -"'mrimi:E• 1 ESTES PARK AREA - HISTORICAL MUSEUM P.O. Box 1691 200 4th Street Estes Park, CO 80517 Phone: (303) 586-6256 MEMORANDUM TO: Community Development Committee FROM: Lynn Swain, Museum Director DATE: March 26, 1992 RE: Museum Update 1. Visitor Statistics 2. Upcoming Programs a) Kids Art - Lynda Vogel - April 11 b) Museum Field Trip to Quilts Museum in Golden - April 27 c) Jim Benedict book signing - early May \7 C e-·1© \Nbu_.'n N»12> d) "Caring for Your Heritage" series - May & June a_»pelp 3. Polly Garrett has filled position on Friends Board 4. Planning for future exhibits a) Ecological Change - Summer 1992 b) Stick Architecture - Fall 1992 c) Chansonnetta Stanley - Spring 1993 9-9-.Ay.-6/L d) Mountain Climbing - Summer 1993 e) WWII - 1994 f ) Lyman Byxbe 1994 6-<s-/€-O -2./u_,.'U».100 5. Museum as meeting host a) Association of Northern Front Range Museums, June 1992 b) Colorado Wyoming Association of Museums, May 1995 -7- MUSEUM VISITOR STATISTICS 4/2/92 mls 1988 1989 1990 1991 1992 January 46 23 0 1 40 February 32 10 0 0 7 March 502 559 415 0 354 April 356 226 39 0 May 769 615 543 448 June 1226 1370 1385 932 July 1850 1920 .1532 1539 August 1939 2097 1454 1314 September 1164 982 1050 836 October 505 171 330 22 November 31 12 44 198 December 582 504 357 943 Guestbook Total 9002 8489 7149 6233 401 Outreach 2227 2330 1748 637 TOTAL 11229 10819 8897 6233 1038 VARIANCE (%) -4 -18 -30 Average / open day 27 25 38 35 49 GEOGRAPHIC DISTRIBUTION Estes Park % 8 Rest of Colo. % 24 data not Number of States tabulated 50 (AK missing) Out of State % 66 No. of Countries 32 Foreign % 2