02-22-16 2016 Apres Avon Spring Concert Event AgreementA
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C O L O R A D O
2oi6 APRES AVON SPRING CONCERTS EVENT AGREEMENT
THIS AGREEMENT is made and entered into on February 22, 2016, by and between the Town of Avon
( "AVON "), a home rule municipality of the State of Colorado, with its principal offices at One Lake Street,
Avon, Colorado, 8162o and Peak Performances Inc., hereinafter referred to as ( "PEAK "), a Colorado
Corporation with its principal offices at 44o D Street, Golden, CO 80401.
In consideration of the mutual promises and agreements herein contained and for other good and valuable
consideration, and on behalf of themselves, their successors and assigns, the parties hereto agree as follows:
RECITALS
WHEREAS, the parties recognize the mutual benefits of PEAK producing and AVON hosting the 2016 "Apres
Avon Spring Concerts" on March 18 and 25, 2o16 ( "EVENT "). It is the parties' intention that this Agreement
define the duties, obligations and conditions with respect to the production of the EVENT so that it is
conducted in a manner which meets the needs of the community and is consistent with and governed by the
provisions of the Avon Municipal Code, as may be applicable; and,
WHEREAS, the parties desire to set forth the terms and conditions of a Special Event Permit to use a portion of
the Main Street Mall as defined below in paragraph 1 as the PREMISES.
NOW, THEREFORE, for good and valuable consideration, including the mutual promises contained herein, the
sufficiency of which is acknowledged and accepted by the parties, the parties agree as follows:
TERMS AND CONDITIONS
1. PREMISES & RIGHTS OF USE - Execution of this Agreement shall constitute issuance of a Special Event
Permit. Avon waives the $10o application fee pursuant to Avon Municipal Code Section 9.40. This permit
grants PEAK the right, and imposes the duty, to use the PREMISES as defined in this Agreement for the
purpose of producing the EVENT on March 18 and March 25, 2016, subject to compliance with the terms
and conditions of this Agreement.
The site of the EVENT (herein referred to as the "PREMISES ") shall be a portion of the Main Street Mall, as
depicted on Attachment A, including Possibility Plaza and the portion of the connecting walkways, but
not including landscaped areas adjacent to the walkways or private property. PEAK is granted an
exclusive right of use of the PREMISES on March 18 and March 25, from 4:30 p.m., through 8:45 p.m.; and,
non - exclusive use March 18 and March 25, 2o16, from 8:00 a.m. through 1o:oo p.m. to include EVENT set-
up, break -down and site clean -up.
2. PERFORMANCE HOURS - AVON and PEAK agree that EVENT stage acts may be performed in the
PREMISES on Friday, March 18, 2o16, from 5:30 p.m. to 8:30 p.m.; and Friday, March 25, 2o16, from 5:30
p.m. to 8:30 p.m., subject to PEAK receiving an Outdoor Use of Amplified Sound Permit, from the Avon
Town Council. PEAK shall complete and submit a Sound Permit Application pursuant to Avon Municipal
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Code 5.24 by not later than February z, 2016. Avon agrees to waive the $25 Sound Permit Application Fee.
2.1 PEAK shall allow each band up to a three -song sound check lasting no more than 20 consecutive
minutes. PEAK agrees that each band's sound check includes front of house and individual artist
checks. Sound checks shall take place on Friday, March 18 and Friday, March 25 between the hours
Of 4:15 p.m. and 5:25 p.m. PEAK may request, as a result of weather or catastrophic events, an
extension or delay of the aforementioned timelines, after which the Town may approve the request
in writing. Approval of the request from PEAK for an extension or delay of the agreed upon
timelines will not be unduly withheld by AVON. PEAK agrees the volume for any sound check will be
moderated to achieve the sound check quality and shall be considerate of the surrounding
neighborhoods and businesses. The Town Manager or designee may, at any time, ask for the
volume of the sound check or band's performance to be lowered in volume.
2.2 PEAK acknowledges and agrees that strict adherence to the performance and sound check times is a
material term of this Agreement. PEAK shall pay a penalty of one hundred dollars ($1oo.00) per
minute for music, public address announcements, sound check, or any other amplified sound that
occurs before or after any time period in which amplified sound is permitted.
3. ESTIMATED CROWD SIZE — The TOWN believes the EVENT may attract up to twelve hundred (1,200)
persons on EVENT day, excluding children twelve (12) and younger. PEAK shall provide for those services
described in Section 4 below for the estimated attendance of 1,200 persons.
4. PEAK RESPONSIBILITIES
4.1 EVENT TALENT, DECORATIONS, MARKETING, & SPONSORSHIPS — Attachment B sets forth the
Approved Budget ( "Budget ") for the EVENT. PEAK shall provide the following services for the
EVENT during the term of this Agreement for the successful production of the EVENT:
4.1.1 Talent. PEAK shall secure bands at a total cost of $4,175 per EVENT. Monies may be
moved within the line items, and between event dates, to secure bands, which have a
proven record of attracting local residents and guests who are in the region for
skiing. Bands will be approved by Town Manager prior to booking.
4.1.2 Apres Avon Logo and PREMISES Decorations. PEAK shall review with the Town
Manager or designee the Apr8 Avon decorations used during the 2015 World Alpine
Championships for useable stage decorations and to the greatest extent possible
continuation of the Apres Avon logo look and feel. Funding in the amount of $3,000
has been provided for the decorations. PEAK shall develop and implement an EVENT
decorations plan to include light pole banners, fire pits or heaters tables, benches,
stage back drop, side stage banners and /or any other decorations that may be
available to assure the PREMISES is inviting to the guest and consistent with the 2015
Apres Avon logo look.
PREMISES decorations will be described by not later than February 29, 2016, for
approval by the Town Manager or designee within 48 hours of submittal.
4.1.3 EVENT Marketing.
4.1.3.1 In recognition of the AVON's financial support for the EVENT, PEAK shall
name and market the EVENT as Apres Avon Spring Concerts, Presented by
the Town of Avon.
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4.1.3.2 PEAK shall develop and implement an EVENT marketing plan including print,
radio, and social, broadcast and /or any other marketing platforms and
promotions that may be available to assure a successful EVENT. PEAK, in its
marketing and advertising, shall notify attendees about alcohol and
recreational marijuana restrictions, resource recovery priorities, parking and
transportation systems, no pets allowed and all other matters deemed
necessary by the Town Manager or designee for the advance informational
needs of EVENT attendees. The Town Manager or designee is available to
review marketing materials upon request.
4.1.4 Sponsorships — PEAK and AVON agree sponsorships should be solicited for the
EVENT. The parties find that PEAK may pursue cash sponsorships. All gross cash
revenue generated by sponsorships sold by PEAK will be split with AVON; seventy -
five (75 %) of gross cash sponsorship revenue will be allocated to PEAK and twenty -
five (25%) of gross cash sponsorship revenue will be allocated to AVON. Furthermore,
the parties find that PEAK may pursue product and in -kind media trades to support
the EVENT. Should AVON be successful in gaining sponsorships, PEAK shall develop
or amend all marketing collateral to include sponsorship fulfillment requirements,
respecting the timing of sponsorship deals, with notice to PEAK of said amendments,
and AVON shall bear all costs for any change made after any collateral has already
been produced.
4.1.5 Town of Avon Information Booth - PEAK shall provide to AVON a site to locate a io x
io tent for use by AVON for other event promotion and general Town information.
Staffing for the booth shall be provided by AVON.
4.2. PREMISES INSPECTION
4.2.i. PEAK and AVON shall jointly perform and document a pre -EVENT inspection of the PREMISES
not later than Thursday, March i7, at 4:00 p.m. and post -EVENT inspection of the PREMISES not
later than March i9, at io:oo a.m.., before the PREMISES are released to PEAK and returned to
AVON.
4.2.2. PEAK and AVON shall jointly perform and document a pre -EVENT inspection of the PREMISES
not later than Thursday, March 24, at 4:00 p.m. and post -EVENT inspection of the PREMISES not
later than March 26, at io:oo a.m., before the PREMISES are released to PEAK and returned to
AVON.
4.2.3• PEAK shall notify the Town Manager or designee of any problems or damage that may have
occurred during the EVENT during the post -EVENT inspection.
4.3• PREMISES SET -UP & TEAR DOWN PLAN - PEAK shall provide an EVENT set -up and tear down plan to
the Town Manager by 5:00 p.m., February 29, 2oi6. The plan shall include a schedule for
installation /removal and a map of all proposed structures including but not limited to stage, lighting
and sound truss /systems, entry points, tents, fencing, portable facilities, vendor booths, tables,
seating, and other areas of EVENT elements.
Stakes are not to be driven into the ground along any pathways, parking lots or grassy areas with
underground sprinkler systems without prior permission from the Town Manager or designee.
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4.4• LIQUOR LICENSE — PEAK agrees, to the greatest extent practicable, to identify and select a local
non - profit, which is known to positively impact the lives of local families in Avon. Application for the
license and all insurance and indemnification requirements pursuant to AVON Municipal Code
5.08.170 shall be the responsibility of PEAK and its nonprofit. The application will be due to the Avon
Town Clerk not later than February 22, 2016.
4.5• VENDOR LICENSING — PEAK shall provide a list of not less than three (3) vendors to the Town
Manager or designee by 5:00 p.m. on March 7, 2016. The list shall include the business names /dba,
physical address, mailing address, phone number, type of activity, how the Avon Special Event
Vendor License payment will be received, selling or not selling and if the business is an existing Avon
business. PEAK shall only allow tented food vendors on the PREMISE.
4.6. STAFFING — PEAK shall be responsible for all staffing and volunteer needs of the EVENT.
4.7. OPERATIONS & EQUIPMENT - PEAK shall be responsible for all EVENT operations, equipment, and all
equipment rentals for the EVENT.
4.8. SECURITY PLAN — PEAK shall provide to the Town Manager a plan which details the security needs
for the EVENT by February 29, 2016. The plan shall include, but not be limited to, security needs for
alcohol sales, crowd management, communication plan for law enforcement and emergency
response agencies, communication plan for operations with AVON personnel and chain of
command, and external support from the AVON Police Department. A contract for services with a
security agency shall be presented by not later than March 7, 2016.
4.8.1. PEAK shall provide adequate proof to the Town Manager that the PREMISES are
protected from damage through fencing, crowd management measures, signage, or
other sufficient means.
4.8.2. Pre -EVENT information shall sufficiently and frequently communicate to attendees
through all media outlets, signage to be placed at entrance /exit and Avon
Transportation that: (1) no open containers are allowed within Avon (2) there is no
vending without a Town license; and, (3) there is no parking on private property
without permission of the property owner, (4) no loitering, (5) it is illegal to smoke
marijuana out -of -doors in the Town of Avon, including PREMISES and, (6) all relevant
parking and transportation information.
4.9• MEDICAL AND EMERGENCY RESPONSE PLAN — PEAK shall provide to the Town Manager a plan
which details the medical response and emergency response agencies and protocols for the EVENT
by February 29, 2016, 5:00 p.m. AVON shall require copies of all contracts for services by not later
than March 7, 2016.
4.10. SANITATION & RESOURCE RECOVERY - PEAK shall provide to the Town Manager a plan which
details the sanitation facilities and resource recovery, reduction and recycling program, by February
29, 2016. The plan shall cover the PREMISES, parking lots and pedestrian pathways to and from
parking lots. The number and location of portable sanitation facilities, dumpsters, and trash cans
shall be provided, with times of placement. Avon shall require copies of all contracts for services by
not later than March 7, 2016.
4.11. PARKING & TRANSPORTATION PLAN — PEAK shall coordinate with the Town Manager or designee
regarding, (1) advertising and marketing details of the EVENT public parking and transit availability,
and (2) parking for vendors and load -in.
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4.12. INSURANCE & INDEMNIFICATION
4.12.1. PEAK agrees to indemnify the Town of Avon, its officers, agents and employees, and
to hold them harmless against any and all claims, actions, demands or liabilities,
including attorney fees and court costs, for injury, death, damage or loss to person(s)
or property arising out of or directly or indirectly resulting from PEAK'S actions or
omissions in connection with the conduct of the EVENT.
4.12.2. AVON agrees to indemnify the PEAK, its officers, agents and employees, and to hold
them harmless against any and all claims, actions, demands or liabilities, including
attorney fees and court costs, for injury, death, damage or loss to person(s) or
property arising out of or directly or indirectly resulting from AVON'S' actions or
omissions in connection with the conduct of the EVENT
4.12.3• PEAK shall obtain general liability insurance coverage within the minimum limits set
below naming AVON as an additional insured and AVON and its officers, agents and
employees against any and all liability and damages which may arise out of or directly
or indirectly result from the conduct of the EVENT. The policy dates shall include the
entire range of dates for which Town property is used. The minimum limits and
requirements of the coverage shall include: $1,000,000 per occurrence primary
coverage, and $2,00o,000 annual aggregate; and $4,000,000 umbrella, 3o days'
notice of cancellation; $1,000,000 host and general liquor liability insurance;
$1,000,000 personal and advertising injury coverage; and $50,000 fire damage.
4.12.4• PEAK shall provide to AVON proof of Comprehensive Automobile Liability insurance
for any private motor vehicles owned by PEAK or its officers, agents, or employees
that are used as part of the EVENT. The insurance policy shall provide that it is
primary insurance and that its coverage will apply prior to utilization of AVON's
general liability coverage.
4.12.5. Written evidence of such general liability and alcohol liability policies and coverage
shall be provided to the Town Manager no later than March 7, 2o16, at 5:00 p.m. All
insurance policies shall be non - cancelable without thirty (3o) days prior notice to
AVON.
4.12.6. The parties hereto understand and agree that AVON is relying on, and does not waive
or intend to waive by any provision of this Agreement, the monetary limitations
(presently $150,000 per person and $600,000 per occurrence) or any other rights,
immunities, and protections provided by the Colorado Governmental Immunity Act,
Section 24- 10 -1o1 et seq., 10 C.R.S., as from time to time amended, or otherwise
available to AVON, its officers, agents, or employees.
4.12.7. PEAK shall not be relieved of any liability, claims, demands, or other obligations
assumed pursuant to paragraph 7.1 of this Agreement by reason of its failure to
procure or maintain insurance or by reason of its failure to procure or maintain
insurance in sufficient amounts, duration, or types.
5. AVON TRADEMARKS
5.1. Avon's Marks, including EVENT logos, are and shall remain the sole and exclusive property of AVON.
PEAK shall not hold itself out as having any ownership rights with respect to AVON's Marks or, except
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as may be specifically granted hereunder, any other rights herein. Any and all goodwill associated
with any such rights shall inure directly and exclusively to the benefit of AVON.
5.2. Subject to the terms and conditions of this Agreement, AVON hereby grants to PEAK a non - exclusive,
non - transferable, revocable and limited license to reproduce AVON's Marks in connection with (i) the
EVENT; and (ii) carrying out any other PEAK obligations under this Agreement. Except as expressly
permitted hereunder, PEAK hereby covenants and agrees that it will make no use of Avon's Marks.
PEAK shall have no right to sublicense its rights under this license.
53. PEAKS use of AVON's Marks shall be strictly subject to the prior written approval of the Town
Manager, which approval may be granted or withheld in Town Manager's discretion.
Notwithstanding any provisions hereof to the contrary, prior to the printing or reproduction of any
AVON Marks pursuant to this agreement, PEAK shall provide AVON with samples of all such materials
for AVON's review and approval or disapproval.
5.4• Any trademarks, logos or other intellectual property developed by AVON or by PEAK in connection
with its EVENT services provided hereunder shall be the property of AVON.
6. AVON RESPONSIBILITIES - Based upon the Budget presented in Attachment B, AVON shall provide
financial support to PEAK up to but not exceeding $37,000 in payments as follows:
6.1. Payment of go% ($33,300.00) shall be made upon execution of this Agreement, via an Electronic
Funds Transfer to the business account of PEAK.
6.2. Final payment of 10% ($3,700.00), payment upon completion of the EVENT but not later than April 22,
2016, and subject to the following conditions:
6.2.1. AVON shall review all requests by PEAK to use Contingency monies. Approval shall
be in writing by the Town Manager or designee prior to expenditure.
6.2.2. Final EVENT revenue and expense accounting, including sufficient evidence that
AVON may determine that the PEAK has fully complied with all conditions of this
Agreement and any applicable Special Event Permits required by AVON and that any
outstanding debts owed to AVON; including contracts for service, sales tax collected
or any other debt incurred through the production of the EVENT, have been paid in
full. The above fees include PEAK operating overhead, and general administrative
expenses associated with the EVENT.
6.2.3. PEAK agrees to bill to the Budget.
6.2.4. All EVENT costs above and beyond those set forth in the Budget must be approved in
writing and in advance by the Town Manager and will be passed through with
satisfactory back -up documentation by PEAK, at net cost, to AVON.
6.2.5. AVON shall not be responsible for any unapproved costs.
6.2.6. PEAK fees payable to: Peak Performances, 440 D Street, Golden, CO 80401
6.3. AVON shall provide in kind support to PEAK in the amount not to exceed $2,000. In -kind support
includes delivery and removal of EVENT assets and staff staging assistance.
6.4. AVON shall cooperate with the marketing of the EVENT by supporting the use of the Town of Avon
name and logo brands.
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6.5. If PEAK produces banners for promotional purposes, AVON shall install /remove them in the following
locations: Avon Road Bridge Banner (z banners), Possibilities Plaza (up to 10), Avon Road Rounda-
bouts (up to 12 banners) and Post Blvd. (up to 12 banners) after March 6, 2016, based on availability.
PEAK and Avon may mutually agree to the number, location and installation and removal of additional
banners. Avon agrees to waive the $10o temporary sign application fee.
6.6. AVON shall provide portable fence materials (stadium barricade — approx. goo linear feet), not
already in use, located in Town Park for use by PEAK.
6.7. AVON will ensure that by March 14, 2o16, the electrical stubs and outlets on the PREMISES are in good
working order for the concessionaires.
EVENT CANCELLATION —This EVENT may not be cancelled in whole or in part by either party unless, due to
any Act of God or force majeure, including, without limitation, fire, weather, flood, natural disaster or
similar cause beyond the control of the parties, PEAK shall be entitled to work to date performed on
behalf of AVON and EVENT, for its time investment in the EVENT, as well as for any item which may be
considered a direct line -item of the Approved Budget, provided that such line -item has been approved in
advance in writing by AVON.
The EVENT may be canceled by the Town Manager if the terms of this Agreement are not substantially
fulfilled in a timely manner or in the event of an unforeseen catastrophic event, subject to a right to cure.
Should AVON deem any term or terms of this Agreement unfulfilled and wish to base cancellation
thereon, AVON shall give PEAK written notice and PEAK shall have five (5) business days to cure the term
or such longer time as mutually agreed by the parties. Should PEAK cure, this Agreement shall continue in
full force and effect.
8. RELEASE OF LIABILITY
8.1 AVON assumes no responsibility whatsoever for any non - municipal property placed in said PREMISES.
AVON is hereby expressly released and discharged from any and all liabilities for any loss, injury or
damages to any person or property of PEAK, its employees, agents, and concessionaires or of any
performer or spectator that may be sustained by reason of the occupancy of the PREMISES under
this License Agreement, except for the sole negligence of AVON or its officers, agents, employees.
8.2 In the event the PREMISES or any part thereof is damaged by fire or other natural causes or if for any
other reason, including strikes, failure of utilities, which results in cancellation of the EVENT, or which
in the judgment of the Town Manager and Mayor, renders the fulfillment of this Agreement by AVON
impossible, PEAK hereby expressly releases and discharges AVON and its officers, agents and
employees from any and all demands, claims, liabilities, and causes of actions arising from any of the
causes aforesaid, except for monies already earned or expended in accordance with provision of
section 7 (EVENT CANCELLATION).
9. NOTICES -Any notice to either party under this Agreement shall be in writing to the following addresses:
PEAK PERFORMANCE
Mike O'Brien
44o D Street
Golden, CO 80401
Via email: mike _ gigdigger.com
Via email: bizmgr@theforeverlive.com
AVON
Town Manager, Town of Avon
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P. O. Box 975
Avon, CO 81620
Via email: vegger@avon.org
COPY TO: Director of Festivals & Special Events, Town of Avon, P.O. Box 975, Avon, CO 81620
Via email: dclempsev avon.org
io. NO THIRD PARTY BENEFICIARIES - Nothing contained in this Agreement is intended to or shall create a
contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including
any agent, sub - consultant or sub - contractor of PEAK. Absolutely no third party beneficiaries are intended
by this Agreement. Any third -party receiving a benefit from this Agreement is an incidental and
unintended beneficiary only.
ii. ARTICLE X, SECTION 20/TABOR - The parties understand and acknowledge that the Avon is subject to
Article X, § zo of the Colorado Constitution ( "TABOR "). The parties do not intend to violate the terms and
requirements of TABOR by the execution of this Agreement. It is understood and agreed that this
Agreement does not create a multi - fiscal year direct or indirect debt or obligation within the meaning of
TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment
obligations of the Avon are expressly dependent and conditioned upon the continuing availability of funds
beyond the term of the Avon's current fiscal period ending upon the next succeeding December 31.
Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, and otherwise made available in accordance with the rules,
regulations, and resolutions of Town of Avon, and other applicable law. Upon the failure to appropriate
such funds, this Agreement shall be terminated.
12. GOVERNING LAW, VENUE, AND ENFORCEMENT - This Agreement shall be governed by and interpreted
according to the law of the State of Colorado. Venue for any action arising under this Agreement shall be
in the appropriate court for Eagle County, Colorado. To reduce the cost of dispute resolution and to
expedite the resolution of disputes under this Agreement, the parties hereby waive any and all right either
may have to request a jury trial in any civil action relating primarily to the enforcement of this Agreement.
The Parties agree that the rule that ambiguities in a contract are to be construed against the drafting party
shall not apply to the interpretation of this Agreement. If there is any conflict between the language of
this Agreement and any exhibit or attachment, the language of this Agreement shall govern.
13. SURVIVAL OF TERMS AND CONDITIONS - The parties understand and agree that all terms and conditions
of the Agreement that require continued performance, compliance, or effect beyond the termination date
of the Agreement shall survive such termination date and shall be enforceable in the event of a failure to
perform or comply.
14. ASSIGNMENT AND RELEASE - All or part of the rights, duties, obligations, responsibilities, or benefits set
forth in this Agreement shall not be assigned by PEAK without the express written consent of Avon. Any
written assignment shall expressly refer to this Agreement, specify the particular rights, duties,
obligations, responsibilities, or benefits so assigned, and shall not be effective unless approved by Avon.
No assignment shall release the Applicant from performance of any duty, obligation, or responsibility
unless such release is clearly expressed in such written document of assignment.
15. SEVERABILITY - Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause,
phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of
any other provision of this Agreement.
16. INCORPORATION OF ATTACHMENTS - Unless otherwise stated in this Agreement, attachments,
applications, or documents referenced in this Agreement shall be incorporated into this Agreement for all
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purposes. In the event of a conflict between any incorporated exhibit and this Agreement, the provisions
of this Agreement shall govern and control.
17. EMPLOYMENT OF OR CONTRACTS WITH ILLEGAL ALIENS - PEAK shall not knowingly employ or contract
with an illegal alien to perform work under this Agreement. PEAK shall not contract with a subcontractor
that fails to certify that the subcontractor does not knowingly employ or contract with any illegal aliens.
By entering into this Agreement, PEAK certifies as of the date of this Agreement it does not knowingly
employ or contract with an illegal alien who will perform work under the public contract for services and
that the PEAK will participate in the e- verify program or department program in order to confirm the
employment eligibility of all employees who are newly hired for employment to perform work under the
public contract for services. The PEAK is prohibited from using either the e- verify program or the
department program procedures to undertake pre - employment screening of job applicants while this
Agreement is being performed. If the PEAK obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien, the PEAK shall be
required to notify the subcontractor and the Town within three (3) days that the PEAK has actual
knowledge that a subcontractor is employing or contracting with an illegal alien. The PEAK shall
terminate the subcontract if the subcontractor does not stop employing or contracting with the illegal
alien within three (3) days of receiving the notice regarding PEAK's actual knowledge. The PEAK shall not
terminate the subcontract if, during such three days, the subcontractor provides information to establish
that the subcontractor has not knowingly employed or contracted with an illegal alien. The PEAK is
required to comply with any reasonable request made by the Department of Labor and Employment
made in the course of an investigation undertaken to determine compliance with this provision and
applicable state law. If the PEAK violates this provision, Avon may terminate this Agreement, and the
PEAK may be liable for actual and /or consequential damages incurred by Avon, notwithstanding any
limitation on such damages provided by such Agreement.
18. DISPUTES - In the event that suit is brought (or arbitration instituted) or any attorney is retained or
employed by any party to this Agreement to enforce the terms of this Agreement, to collect any money
due hereunder, or to collect any money damages for breach thereof, the prevailing party shall be entitled
to recover, in addition to any other remedy, reimbursement for reasonable attorney's fees or the
reasonable value of salaried attorney's time incurred in connection therewith. Venue for any action of
proceeding that arises out of any dispute under this agreement shall be in Eagle County, Colorado.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above
written.
TOWN OF AVON
By and Through Its Town Manager
Virginia C. Egger, Town Manager
Date: February 26, 2o16
PEAK PERFORMANCES
Mike O'Brien, President
Date: February 26, 2016
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EVENT AGREEM ENT
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ATTAC H M ENT A
EVENT PREMISES
2016 APRES AVON SPRING CONCERTS
EVENTAGREEMENT
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ATTACHMENT B - FINAL APPROVED APRES AVON SPRING CONCERTS BUDGET
2016 Apres Avon Projections
March 18
March 25
Total
Talent
Headline band
$3,000.00
$3,000.00
$6,000.00
Opening band
$500.00
$500.00
$1,000.00
Band Transportation
$225.00
$225.00
$450.00
Lodging
$250.00
$250.00
$500.00
Hospitality
$200.00
$200.00
$400.00
Talent Total
$4,175.00
$4,175.00
$8,350.00
Operations
Event Staff
$1,600.00
$1,600.00
$3,200.00
Mgmt Fee
$2,250.00
$2,250.00
$4,500.00
Eagle Valley Temps
$80.00
$80.00
$160.00
Walking Mountains
$245.00
$245.00
$490.00
Portolets & handwashing
$685.00
$685.00
$1,370.00
Operations Total
$4,860.00
$4,860.00
$9,720.00
Production
Heaters
$960.00
$960.00
$1,920.00
Stage
$2,042.00
$2,042.00
$4,084.00
Sound
$1,350.00
$1,350.00
$2,700.00
Lighting
$600.00
$600.00
$1,200.00
Backline Instrument Rental
$985.00
$985.00
$1,970.00
Production Total
$5,937.00
$5,937.00
$11,874.00
Misc
Supplies
$150.00
$105.00
$255.00
Permits
$0.00
$0.00
$0.00
Marketing
$1,000.00
$1,000.00
$2,000.00
Decorations
$1,500.00
$1,500.00
$3,000.00
Contingency
$900.00
$900.00
$1,800.00
Misc. Total
$3,550.00
$3,505.00
$7,055.00
Total Expenses
$18,522.00
$18,477.00
36 999.00
2o16 APRES AVON SPRING CONCERTS
EVENTAGREEMENT
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