07-10 & 17th, 2014 BravoVail! Agreement"PA T df this: VALLEY
2014 Agreement Between
Bravo! Vail and Town of Avon, Colorado
THIS AGREEMENT is made and entered into the 1211 day of June, 2014, 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
Bravo! Vail, hereinafter referred to as ( "BRAVO "), a Colorado Non Profit Corporation with its principal offices at 2271 N.
Frontage Road W, Suite C, Vail, CO 81657.
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
1. The parties recognize the mutual benefits of BRAVO producing and AVON hosting the "Avon Bravo! Vail Concert
Series in July 2014 hereafter ( "CONCERT SERIES "). It is the parties' intention that this Agreement define the duties,
obligations and conditions with respect to the production of the CONCERT SERI ES so that it is conducted in a
manner and direction consistent with and governed by the provisions of the Avon Municipal Code, as may be
applicable.
2. Execution of this Agreement shall constitute issuance of a Special Event Permit ($loo application fee to be waived)
to BRAVO pursuant to Avon Municipal Code Section 9.40. This permit grants BRAVO the right, and imposes the
duty, to use the Premises defined in this Agreement for the purpose of producing the CONCERT SERI ES on July 10
and July 17, 2014, subject to compliance with the terms and conditions of this Agreement.
TERMS AND CONDITIONS
1. PREMISESS -The site of the CONCERT SERI ES (herein referred to as the "PREMISESS ") shall be Harry A. Nottingham
Park, upper athletic field, but not the Pump House Deck, Picnic Shelter, Avon Recreation Center, Lower Athletic
Field, Basketball Courts, Sand Volleyball Courts, or Tennis Courts. BRAVO is granted an exclusive right of use of the
PREMISES from July 10, 2014 at 7:oo a.m., through July 11, 2014,12:00 p.m., and July 17, 2014, at 7:oo a.m. through
July 18, 2014,12:00 P.M. for the sole purposes of CONCERT SERI ES set -up, break -down and site clean -up.
PERFORMANCE HOURS - AVON and BRAVO agree that CONCERT SERIES stage acts may be performed only on
Thursday, July 10 and July 17 between the hours of 5:30 p.m. to 8:oo p.m. It is further agreed that the dates and times
are to be strictly adhered to.
z. BRAVO RESPONSIBILITIES
2.1 PARK SET -UP & TEAR DOWN PLAN -BRAVO shall provide a park set -up and tear down plan to the Town Manager
or designee by 5:00 p.m., June 6, 2014. The plan shall include a schedule for installation /removal and a map of all
proposed structures including but not limited to gates (entrance /exit and emergency blow -out) if applicable,
fences if applicable, tents, portable facilities, stage and lighting/sound systems, and crowd management areas.
2.2 SECURITY PLAN —BRAVO shall provide to the Town Manager or designee a plan which details the security and
law enforcement needs for the CONCERT SERI ES by June 6, 2014. The plan shall announce which performers
have been booked and shall include, but not be limited to, security needs for alcohol sales, crowd
management, communication plan for law enforcement and emergency response agencies, chain of
command, and external support from AVON and Eagle County Sheriff's office, if any. Contracts for services
2014 AVON BRAVO! VAIL AGREEMENT
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with security agencies shall be presented or a date to have such contracts shall be provided.
2.2.1 Based upon the plan, the AVON Town Manager shall determine in her or his sole discretion the
number of law enforcement officers AVON shall provide for the event. BRAVO shall provide all
security, as approved by the Town Manager, for the CONCERT SERIES, including requirements for
communication radios for AVON staff and BRAVO event - identifiable shirts or hats for key
personnel with Avon and /or BRAVO, if needed, to fully implement the security needs of the
CONCERT SERI ES.
2.2.2 BRAVO shall provide proof that security is adequate to the Town Manager or designee through
perimeter identification, fencing, crowd management measures, or other means, the main athletic
fields and other facilities in Nottingham Park are protected from damage.
2.3 MEDICAL AND EMERGENCY RESPONSE PLAN —BRAVO shall provide to the Town Manager or designee a plan
which details if medical response or emergency response are needed during the CONCERT SERI ES by June 6,
2014.
2.4 MARKETING & PROMOTIONS — BRAVO shall provide the following for the purpose of marketing the CONCERT
SERIES:
2.4.1 Eblast: Promote each event in the "This Week at Bravo! Vail" a -blast sent to the entire Bravo! Vail email
database during the weeks of each event.
2.4.2 Program Book: One full program book page dedicated to each event in the Bravo! Vail Program Book
including all costs associated with production of artwork /advertising. Program books are made
available for free at every Bravo! Vail concert (orchestral, chamber and free CONCERT SERIES). An
abbreviated version of program book information relating to the Avon concerts will be made available
on July 10 and July 17 in lieu of the full Bravo! Vail program book.
2.4.3 Single Ticket Brochure: The CONCERT SERIES will be listed in the calendar of the 2014 Single
Ticket Brochure. The brochure is mailed to a database of over 20,000 and an additional 5,000
distributed around the Vail Valley to prominent rack brochure locations during the summer.
2.4.4 Social Media: Posts on the Bravo! Vail Face Book and twitter accounts about the CONCERT SERIES and
artists leading up to each event.
2.4.5 Calendar Listings: Inclusion in the CONCERT SERIES on calendar listings posted on various external
websites; complete list in progress.
2.4.6 Press Releases: Submission of two press releases about the CONCERT SERIES to local media, including
the events in any general Bravo! Vail free concert series press releases.
2.4.7 On Stage Announcements: Two announcements from the Gerald R. Ford Amphitheater stage
to encourage concert attendance — one in advance of each Avon event.
2.4.8 Banners: If BRAVO produces banners, AVON will provide the following locations - Avon Road
Bridge Banner starting July 7 through July 17 (2; $loo application fee to be waived), Lake
Street (42) and Avon Road Round -a -bouts ( #to be determined) depending on availability.
2.4.9 Notifications to Attendees: BRAVO, in its marketing and advertising, shall notify attendees about
alcohol restrictions, resource recovery priorities, parking and transportation systems, no dogs allowed
and all other matters deemed necessary by the Town Manager or designee for the advanced
informational needs of CONCERT SERIES attendees. AVON agrees to assist in crafting the necessary
language for BRAVO's use.
2.5 INSURANCE & INDEMNIFICATION
2.5.1 BRAVO 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 BRAVO' actions or omissions in connection with the conduct of the CONCERT SERI ES.
2.5.2 BRAVO 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
CONCERT SERI ES. 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
2014 AVON BRAVO! VAI L AGREEMENT
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primary coverage, and $5,0oo,000 annual aggregate; 3o days' notice of cancellation; host and general
liquor liability insurance in the same amounts listed above; $5,000,000 personal and advertising injury
coverage; and $50,000 fire damage.
2.5.3 BRAVO shall provide to AVON proof of Comprehensive Automobile Liability insurance for any private
motor vehicles owned by BRAVO or its officers, agents, or employees that are used as part of the
CONCERT SERI ES. 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.
2.5.4 Written evidence of such general liability and alcohol liability policies and coverage shall be provided to
the Town Manager no later than June 20, 2014, at 5:00 p.m. All insurance policies shall be non - cancelable
without thirty (3o) days prior notice to AVON.
2.5.5 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., to C.R.S., as from time to time amended, or
otherwise available to AVON, its officers, agents, or employees.
2.5.6 BRAVO 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.
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2.6.1 LIQUOR LICENSE: BRAVO shall be solely responsible for identifying a nonprofit to acquire a liquor
license for the CONCERT SERIES. Application for the license and all insurance and indemnification
requirements pursuant to AVON Municipal Code 5.o8-17O shall be the responsibility of BRAVO and its'
nonprofit. BRAVO will complete and submit a Colorado State alcohol license permit application with the
appropriate fees by not later than May 16, 2014 and submit to the Town of Avon Clerk.
2.6.2 Stakes are not to be driven into the ground along any pathways, athletic fields, parking lots or grassy
areas with underground sprinkler systems without prior permission from the Town Manager or
designee.
2.6.3 To the extent licensed personnel, such as electricians, medical, emergency response or health official,
are required to conduct certain services or inspections, BRAVO shall abide by these local and State
requirements.
2.6.4 BRAVO agrees to make every effort to retain volunteers and paid staff from qualified persons residing in
the Town of Avon or Eagle County.
3. AVON RESPONSIBILITIES
3.1 AVON will supply BRAVO with Town of Avon Council Chambers for the musicians' green room.
3.2 PARKING & TRANSPORTATION PLAN —AVON shall provide to BRAVO a plan which details mass
transportation needs and where parking for all attendees will be staged by June 6, 2014. In addition, the plan shall
provide for parking lot lighting and the volunteer /paid staffing for all parking lots, if applicable
3.2.1 The transportation plan shall detail what transit services are required to be provided by AVON, including
hours of service and estimated frequency of trips. AVON shall work with BRAVO to finalize the parking and
transportation plans by not later than June 6, 2014.
3.2.2 Agreements with property owners for the use of parking lots shall be provided by not later than July 1,
2014, to BRAVO or designee by AVON.
3.2.3 AVON shall provide directional signage plan by not later than June 6, 2014 which shall detail the direction
provided to both vehicular and pedestrian traffic. This plan shall include types of signage used, quantity, location
and installation /removal dates.
3.2.4 AVON agrees to provide transportation services to /from designated parking lots within Town limits during
the CONCERT SERIES.
3.3 PEDESTRIAN TRAFFIC PLAN - AVON shall provide to BRAVO or designee a plan which details pedestrian ingress
2014 AVON BRAVO! VAIL AGREEMENT
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and egress from all parking lots utilized for the CONCERT SERIES by June 13, 2014.
3.4 SANITATION & RESOURCE RECOVERY -AVON shall provide to BRAVO or designee a plan which details the
sanitation facilities and resource recovery (reduction and recycling) program by June 13, 2014. The plan shall cover
the PREMISESS, parking lots and pedestrian pathways. The number and location of portable sanitation facilities,
dumpsters, trash cans, recycling bins shall be provided as well as the timeframes detailed. AVON shall provide
copies of all contracts for services by not later than June 20, 2014.
3.5 AVON shall provide financial support in the amount of $19,500 to BRAVO. Payment shall be made as follows:
9o% upon execution of this contract, 1o% upon receiving the event recap report.
3.6 AVON shall provide in kind support to BRAVO in the amount not to exceed $15,000. In -kind support includes,
but is not limited to staff staging assistance, police, parking & transit planning and operations, vehicular and
pedestrian traffic control, sanitation & resource recovery, and banner installation /removal.
3.7 AVON shall cooperate with the marketing of the event by supporting the use of the Town of Avon name and
logo brands. AVON will ensure that by July 1, 2014, the electrical stubs and outlets in the Park and along Lake
Street are in good working order for the concessionaires. AVON shall provide 3 -phase power available from the
Pump House location. AVON will supply suggested use of logo on BRAVO website and collateral.
3.8 Avon agrees to the best of its abilities to assist in marketing and publicizing these events, including but
not limited to advertising at other Town of Avon events, in calendar listings, working with Bravo! Vail staff
to allow its interns to do hand to hand distribution the week of the two events, doing Email blasts to Town
of Avon data base lists, and helping with poster distribution within the Town.
3.9 Avon will provide adequate signage at the events in appropriate locations to define the alcohol
perimeter.
4. EVENT CANCELLATION — Either party may cancel the CONCERT SERIES in whole or in part, for any substantial reason
beyond either party's control. In the event of cancellation, neither party shall be liable to the other for any lost profits,
lost revenues or consequential damages.
4.1 The CONCERT SERIES 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 BRAVO written notice and BRAVO shall have 5 business days to cure the term or such longer time
as mutually agreed by the parties. Should BRAVO cure, this Agreement shall continue in full force and effect.
5. RELEASE OF LIABILITY
5.1 AVON assumes no responsibility whatsoever for any non - municipal property placed in said PREMISESS. AVON
is hereby expressly released and discharged from any and all liabilities for any loss, injury or damages to any
person or property of BRAVO, its employees, agents, and concessionaires or of any performer or spectator that
may be sustained by reason of the occupancy of the PREMISESS under this License Agreement, except for the sale
negligence of AVON or its officers, agents, employees.
5.2 In the event the PREMISESS 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 CONCERT SERIES, or which in the
judgment of the Town Manager and Mayor, renders the fulfillment of this Agreement by AVON impossible,
BRAVO 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.
6. NOTICES - Any notice to either party under this Agreement shall be in writing to the following addresses:
Bravo! Vail
Mr. Jim Palermo
2014 AVON BRAVO! VAIL AGREEMENT
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2271 N. Frontage Road W, Suite C, Vail, Colorado, 81657
COPY TO:
AVON
Town Manager, Town of Avon
P. O. Box 975
Avon, CO 81620
COPY TO: Special Events Supervisor, Town of Avon, P.O. Box 975, Avon, CO 81620
7. 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
ATTEST:
Debbie Hoppe, Town elerk
Bravo! Vail
By:
Virginia C. Egger, T / - anager
Date:
J1 Dot
Ji Pa ermo — Executive Director Date.
2014 AVON BRAVO! VAIL AGREEMENT
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