04-18-2017 Avon Live! Concert Series AgreementAvant
COLORADO
2017 AVON LIVE! CONCERT SERIES AGREEMENT
THIS AGREEMENT is made and entered into on April 18, 2017, 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
("PRODUCER"), 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 PRODUCER producing and AVON hosting the
2017 Avon Live! concert events ("EVENT or EVENTS"), in the Park, on August 2, 16, 23 and 30, 2017. It
is the parties' intention that this Agreement define the duties, obligations and conditions with
respect to the production of the EVENTS so that it is conducted in a manner and direction which
meets the needs of the community as established by both parties, and so that this Agreement 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 Harry A. Nottingham Park and Pavilion 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
�. SPECIAL EVENT PERMIT
Execution of this Agreement shall constitute issuance of a Special Event Permit. Avon waives the
$loo application fee pursuant to Avon Municipal Code Section 9.40.
m This permit grants PRODUCER the right, and imposes the duty, to use the PREMISES as
defined in this Agreement for the purpose of producing the EVENTS, subject to compliance
with the terms and conditions of this Agreement, and includes all requirements for
producing the EVENTS.
1.2 A Producer Toolkit has been prepared, which includes numerous resource documents for
AVON producers to assist them when planning and producing an EVENT on Town -owned
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properties. The Producer Toolkit can be found at www.avon.org/specialevents.
1.3 All references to the Town Manager in this Agreement may also include the Town Manager's
designee(s).
2. PREMISES
The PREMISES are depicted on Attachment A and are defined as a portion of Harry A.
Nottingham Park, facilities to include the Avon Pavilion (stage deck, event terrace, viewing
plaza, green room, scissor lift room, basement), the west Town Hall parking lot, the east Town
Hall parking lot, the Park Log Cabin, the Playground, and all access paths leading to and from the
facilities and Harry A. Nottingham Park. The PREMISES do not include the Avon Recreation
Center, Picnic Shelter, Lower Athletic Field, Basketball Courts, Sand Volleyball Courts, Tennis or
Pickleball Courts.
3. DUTIES AND HOURS OF USE
3.1 EXCLUSIVE USE
PRODUCER is granted an exclusive right of use of the PREMISES on each of the EVENT days
from 11:oo a.m. through 11:oo p.m. for set-up, EVENT production and clean-up.
3.2 CHANGE OF DATES AND HOURS OF USE
PRODUCER may request, as a result of weather or catastrophic events, an extension or delay
of the aforementioned timelines, after which AVON may approve the request in writing.
Approval of the request from PRODUCER for an extension or delay of the agreed upon
timelines will not be unduly withheld by AVON.
4. PERFORMANCE TIMES
4.1 SOUND CHECKS
4.1.1 PRODUCER may allow each performer up to a three -song sound check lasting no more
than twenty (20) consecutive minutes. PRODUCER agrees that each performer's sound
check includes front of house and individual artist checks and that 20 minutes is a
satisfactory amount time.
4.1.2 Sound checks only may take place on each of the EVENT days between the hours of 4:15
p.m. and 5:25 p.m.
4.1.3 PRODUCER agrees the volume for any sound check will be moderated to achieve the
sound check quality and shall be considerate of the surrounding neighborhoods.
4.1.4 PRODUCER may request, as a result of weather or catastrophic events, an extension or
delay of the aforementioned timelines, after which AVON may approve the request in
writing. Approval of the request from PRODUCER for an extension or delay of the
agreed upon timelines will not be unduly withheld by AVON.
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4.2 PERFORMANCE TIMES
4.2.1 PRODUCER may stage performances on the Pavilion, within the PREMISES, on each of
the EVENT days from 5:30 p.m. to 8:45 p.m., subject to PRODUCER receiving an Outdoor
Use of Amplified Sound Permit, from the Avon Town Council. PRODUCER shall complete
and submit a Sound Permit Application pursuant to Avon Municipal Code 5.24 by not
later than June 15, 2017.
4.2.2 AVON agrees to waive the $25 Sound Permit Application Fee.
4.3 SOUND PENALTY
43.1 PRODUCER acknowledges and agrees that strict adherence to the performance and
sound check times is a material term of this Agreement. PRODUCER 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.
4.3.2 PRODUCER acknowledges and agrees to pay the sound penalty assessed, if an
infraction occurs, as described in Section 4.3.1, by not later than 5:00 p.m., thirty (30)
days after the last day of the EVENT.
5. ESTIMATED CROWD SIZE, VIP EXPERIENCE TICKETS, ADMISSIONS FEE PAYMENT PROGRAM &
SERVICES TO BE PROVIDED
5.1 ESTIMATED CROWD SIZE
AVON and PRODUCER agree the EVENTS may attract up to fifteen hundred (1,500) persons
per EVENT day, excluding children twelve (12) and younger.
5.2 VIP EXPERIENCE TICKETS
5.2.1 PRODUCER has requested and AVON has agreed that PRODUCER may sell up to one -
hundred fifty (150) VIP Experience admissions for each EVENT day. This includes
children age 13 and older. Children age twelve and under shall not be counted as part of
the VIP admissions. PRODUCER shall meet the requirements of Resolution 15-o8 and
attached hereto as Attachment B, including the printing words for the fee as set forth
in Section 6 of the Resolution.
5.2.2 Of the one -hundred fifty (150) VIP Experience admissions for each EVENT day, fifty (50)
are complimentary and not subject to the Town of Avon Admissions Fee.
5.2.3 In addition, if PRODUCER has VIP Experience admissions, PRODUCER shall provide to
AVON a total of sixteen (16) VIP Experience tickets to be distributed to the Avon Town
Council, in pairs, to each Councilor, Mayor, Mayor Pro Tem and Town Attorney for each
EVENT date. These VIP Experience tickets are not subject to the Town of Avon
Admissions Fee.
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5.2.4 PRODUCER shall provide the Avon Town Manager, Special Events Manager, Special
Events Production Assistant and Town Engineer, ALL ACCESS credentials for the
EVENTS.
5.2.5 VIP EXPERIENCE ADMISSIONS AND ADMISSION FEE DUE
PRODUCER shall provide to AVON forty-eight (48) hours prior to each EVENT date, a list
of all persons being sold or gifted a VIP Experience Admission. Within forty-eight (48)
hours of the EVENT ending, PRODUCER shall provide a final list of all VIP Experience
Admissions sold or gifted for that EVENT. PRODUCER shall pay at that time $3 per
admission as required by Resolution 15-o8.
5.3 SERVICES TO BE PROVIDED FOR CROWD SIZE
PRODUCER shall provide for those services described in this Agreement for each EVENT day's
admissions. Should PRODUCER, at any time, estimate that greater than the daily admissions
are likely, AVON shall be promptly noticed, and PRODUCER will be responsible to meet any
new demands prior to the start of the EVENT.
6. PREMISES SET-UP & TEAR DOWN PLAN
6.1 PRODUCER RESPONSIBILITIES
PRODUCER shall provide a PREMISES set-up and tear down plan to the Town Manager by
5:00 p.m., not later than fifteen (15) business days prior to the first day of the first EVENT.
The plan shall include:
6.1.1 A schedule (dates and times) for installation/removal of all proposed structures.
6.1.2 A detailed map of all proposed structures including but not limited to fences, tents,
portable facilities, stage and lighting/sound systems, ADA areas, addition of a plywood
road for heavy trucks, if heavy trucks are utilized, vendor spaces, any storage and/or
staging area, crowd management areas, parking locations for vendors after load -in,
and designated smoking area.
6.1.3 Detail to ensure that the PREMISES are protected from damage through fencing, if
needed, crowd management measures, signage, and plywood for heavy trucks,
sufficient and properly placed staffing, pre -load communication to vendors and/or sub-
contractors or other sufficient means.
6.1.4 Complete the Avon Pavilion Stage Curtain Wind Management Plan, (Attachment C), by
not later than thirty (3o) days before the first EVENT. The management of the curtain
may be changed EVENT to EVENT, with completion of Attachment C, not less than five
(5) days before a subsequent EVENT.
6.2 AVON RESPONSIBILITIES
AVON shall review the set-up and tear down plan within five (5) business days of receipt and
notice the PRODUCER of any concerns that may need to be addressed.
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7. VENDOR LICENSING
7.1 PRODUCER RESPONSIBILITIES
7.1.1 PRODUCER shall provide a list of vendors to the Town Manager by not later ten (1o)
business days prior to the first day of the first EVENT.
7.1.2 The list shall include: All vendors, sponsors, non -profits, engaged in selling food,
beverage, merchandise, wares, admissions, etc. during the EVENT and will include: The
business names/dba, physical address, mailing address, phone number, email address,
contact, and type of activity.
7.1.3 PRODUCER shall register for a Sales Tax License with the Town of Avon; there is not a
fee assessed for this license.
7.1.3.1 The Sales Tax License can be found at www.avon.org, "On -Line Payments"
button, located at the bottom of the screen.
7.1.3.2 Instructions: Go to www.avon.org and click on the "Online Payments" button
located at the bottom of the home page.
7.1.3.3 PRODUCERS who have not been on MuniRevs before will need to register by
clicking "New User" to apply for an account; then follow the online steps
provided. If a vendor needs assistance they should contact
support@munirevs.com or call 888-751-1911.
7.1.3.4 PRODUCERS that are currently registered, will access by clicking "Existing
Users"; they will login to their account and access "Manage Your Business" to
register for a Sales Tax License. If a PRODUCER needs assistance, they should
contact support@munirevs.com or call 888-751-1911.
7.1.4 The PRODUCER shall collect and remit sales tax for any vendor engaged in selling at the
EVENT.
7.1.5 PRODUCER acknowledges and shall abide by AVON'S Prohibition of Marijuana Businesses
at Town Owned Venues for Town of Avon Permitted or Sponsored Festivals and Special
Events, which can be found in the Producer Toolkit.
7.2 AVON RESPONSIBILITIES
AVON contracts with MuniRevs for management of the Town's sales tax licensing and
collection needs. AVON shall ensure all information is up-to-date on the Town's website
portal and MuniRevs shall assist PRODUCER's new to the process, as needed.
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8. SPECIAL EVENT LIQUOR PERMIT
8.1 PRODUCER RESPONSIBILITIES
PRODUCER has been requested by AVON to utilize Speak Up Reach Out as the nonprofit
Special Event Liquor Permit applicant for the August 16, 2017, EVENT. PRODUCER shall be
responsible for identifying other nonprofits to apply for the Special Event Liquor Permits for
the remaining three (3) EVENTS. AVON encourages the PRODUCER to consider one or more
of the local non -profits as the Special Event Liquor Permit applicant(s).
8.1.1 Application for the Special Event Liquor Permits and all insurance and indemnification
requirements pursuant to AVON Municipal Code 5.o8.170 shall be the responsibility of
PRODUCER and its nonprofit. The requirements can be found in the Producer Toolkit.
8.1.2 PRODUCER'S nonprofit(s) shall submit to the Town Clerk a Special Event Liquor
Application by not later than 5:00 p.m., forty-five (45) days prior to the EVENT date.
8.2 AVON RESPONSIBILITIES
AVON shall provide to PRODUCER a list of local non -profits, which positively benefit the lives
of local residents and/or the larger community of AVON; which can be found in the Producer
Toolkit.
9. MARKETING
9.1 PRODUCER RESPONSIBILITIES
9.1.1 PRODUCER shall develop and implement an EVENTS marketing plan for advertising in
the Vail Weekly, and, at the PRODUCER'S discretion, any other marketing platforms and
promotions that may be available to assure successful EVENTS and secure sponsorship
for the EVENTS.
9.1.2 In addition, the PRODUCER shall advertise in all media notification to attendees the
alcohol and recreational marijuana restrictions, resource recovery priorities, parking
and transportation systems, no dogs are allowed at the EVENT, and all other matters
deemed necessary by the Town Manager for the advanced informational needs of
EVENT attendees.
9.1.3 AVON agrees to waive the $loo temporary sign application fee.
9.1.4 The PRODUCER will provide EVENT content, including but not limited to a high
resolution EVENT logo and up to five (5) professional quality reproducible photographs
and, if available, edited video, not to exceed ninety (go) seconds from the 2o16 EVENT
and/or for the upcoming EVENT for AVON's use in helping to market the EVENTS.
Materials shall be provided to AVON not less than seventy-five (75) days before the first
EVENT.
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9.2 AVON RESPONSIBILITIES
9.2.1 AVON shall post on its website EVENT information within five (5) business days after
receipt of "posting ready" materials from the PRODUCER.
9.2.2 AVON shall post the EVENT in its "all 2017 events" website marketing.
9.2.3 AVON may disseminate EVENT related media releases, including social media
information on Facebook and/or Twitter, and/or radio ads about the EVENT in an
appropriate and timely manner. Prior to any release, AVON shall provide the
information to the PRODUCER for approval. The PRODUCER shall be sent the
information for approval, with at least three (3) business days' notice prior to release of
the information.
lo. BENEFIT EVENT FOR SPEAK UP REACH OUT
io.1 PRODUCER has agreed that the August 16, 2017, EVENT shall be billed as a benefit for Speak
Up Reach Out (SRO), a local nonprofit. The objectives of SRO are to raise awareness for the
agency's services, and, as such will have no more than three (3) information booths or tents.
Location of the booths or tents will be decided by the PRODUCER and in a location not to
interrupt the crowd gathering areas, limit sight lines to the stage, and/or limit access to food
and beverage vendors. AVON shall ensure that SRO tents and tent set-up are not the
responsibility of the PRODUCER and that SRO names the PRODUCER as an additional insured
on its liability policy.
10.2 In addition, SRO has requested that it apply for the Special Event Liquor Permit for that
EVENT date. The PRODUCER will be retaining a third party management agreement for all
Special Event Liquor Permits, and as such will meet with SRO to discuss any venue fees
and/or other fees which may be appropriate for the holder of the Special Event Liquor
Permit, prior to the filing of the Permit application.
10.3 AVON shall be responsible for all communication and for facilitating the needs of the
nonprofit with the PRODUCER, including but not limited to marketing materials.
». PARKING & TRANSPORTATION PLAN — TOWN shall be responsible for all parking and
transportation planning and plan implementation. TOWN shall provide to the PRODUCER the
parking and transportation plans not less than forty-five (45) days prior to the first EVENT.
PRODUCER shall communicate to attendees through all marketing media the details of the
EVENTS public parking and transit availability.
12. SECURITY
12.1 PRODUCER RESPONSIBILITIES
12.1.1 PRODUCER shall assure the EVENT will be operated in a safe secure manner and
provide to the Town Manager a plan which details the security and law enforcement
needs for the EVENT by not later than 5:00 p.m., forty-five (45) days prior to the first
EVENT.
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12.1.2 The plan shall include, but not be limited to, audience profile, security needs for alcohol
sales, enforcement of marijuana restrictions, crowd management, lost children
protocol, lost and found protocol, entry gate security checks, communication plan for
law enforcement and emergency response agencies, chain of command, and external
support from AVON and/or Eagle County Sheriff's office. Contracts for services with
security agencies shall be presented or a date to have such contracts shall be provided.
12.1.3 PRODUCER shall provide all security, as approved by the Town Manager, for the EVENT,
including that PRODUCER security personnel will be identified by shirts or hats, if
needed, to fully implement the security needs of the EVENT.
12.1.4 The PRODUCER shall make periodic stage announcements to attendees regarding
alcohol and recreational marijuana restrictions, resource recovery priorities, parking
and transportation systems, no dogs are allowed at the EVENT, and all other matters
deemed necessary by the Town Manager for the advanced informational needs of
EVENT attendees.
12.2 AVON RESPONSIBILITIES
12.2.1 Based upon the plan provided in Section 12.1.1, the Town Manager shall determine in
his/her sole discretion the number of law enforcement officers AVON shall provide for
the EVENT. The number of officers shall be provided to the PRODUCER within fifteen
(15) business days of receiving the plan.
12.2.2 AVON law enforcement officers shall be compensated by AVON and are not included in
the In -Kind support awarded to the PRODUCER.
12.2.3 AVON will provide four (4) fully charged communication radios to the PRODUCER for
use each EVENT date.
13. MEDICAL AND EMERGENCY RESPONSE
13.1 PRODUCER RESPONSIBILITIES
13.1.1. PRODUCER shall assure the EVENT will be operated in a safe secure manner and shall
provide to the Town Manager a plan which details the medical response and
emergency response agencies and protocols for the EVENT by not later than forty-
five (45) days prior to the first EVENT.
The plan shall include a management protocol for people who are experiencing heat
exhaustion, dehydration, severely intoxicated or under the influence of illegal drugs
and not able to walk to public transportation or parking lots.
13.1.2. By Order of the Eagle River Fire Protection District, PRODUCER will ensure that NO
THEATRICAL SMOKE without approval is blown on the Pavilion and NO
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PYROTECHNICS OF ANY SORT are to be detonated. Decorative open flame, fire pits,
patio style heaters and/or fire performers are only permissible if permitted through,
and approved by Eagle River Fire Protection District. Cooking of any sort by hot
plate, open flame, grill, etc. is not allowed in the Green Room (including restroom).
13.1.3• Contracts for services with emergency response agencies shall be provided forty-five
(45) days prior to the first EVENT.
13.2 AVON RESPONSIBILITIES
AVON shall review the contracts for service within fifteen (15) business days of receipt and
notice the PRODUCER of any concerns, which may need to be addressed.
14. SANITATION & RESOURCE RECOVERY
14.1 PRODUCER RESPONSIBILITIES
PRODUCER shall provide to the Town Manager the contracts for services for refuse
management, recycling, composting, cleaning and portable restrooms to ensure the
PREMISES are left clean, free from debris and orderly manner by not later than 5:00 p.m.,
forty-five (45) days prior to the first EVENT.
14.2 AVON RESPONSIBILITIES
Provide a list of recommended asset quantities for various attendee estimates, which can be
found in the Producer Toolkit.
AVON shall review the contracts for service within fifteen (15) business days of receipt and
notice the PRODUCER of any concerns that may need to be addressed.
15. PAVILION USAGE & PREMISES INSPECTION
15.1 PRODUCER RESPONSIBILITIES
15.1.1 PRODUCER and AVON shall jointly perform and document a pre -EVENT inspection of
the PREMISES not later than ii:oo a.m. on each EVENT day and a post -EVENT inspection
of the PREMISES not later than 9:15 p.m. on each EVENT day, before the PREMISES are
released to PRODUCER and returned to AVON.
15.1.2 PRODUCER shall notify the Avon Town Manager of any problems or damage that may
have occurred during the EVENT during the post -EVENT inspection.
15.1.3 PRODUCER verifies that the Avon Performance Pavilion Technical Specifications,
provided in the Producer Toolkit, have been reviewed, are understood, and will be
followed as presented.
15.1.4 PRODUCER acknowledges and agrees that Avon is permitting PRODUCER to use the
Pavilion in its "as is" condition and the Avon shall be under no obligation to replace,
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upgrade or otherwise modify the facility.
15.1.5 The following guidelines shall be observed for usage of the Pavilion and PREMISES:
15.1.5.1 Use the Pavilion only in the manner permitted by this Agreement and shall not
use or permit the use of the Pavilion for any other purpose or any other
reasonably objectionable or unlawful act.
15.1.5.2 PRODUCER shall not install, place, inscribe, paint or otherwise attach and shall
not permit any banner, sign, advertisement, notice, marquis, or awning on or
within the Pavilion, without the prior review and consent of Avon in each
instance.
15.1.5.3 PRODUCER shall, at its own expense, provide and maintain in first-class
condition all permitted signs and shall, upon the expiration of this Agreement,
at its own expense, remove all such permitted signs and repair any damage
caused by such installation and/or removal. Avon shall have the right to
remove all non -permitted signs without notice to PRODUCER, at the expense
of the PRODUCER.
15.1.5.4 Stakes shall not 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.
15.1.5.5 PRODUCER shall not make alterations, additions or improvements on or to the
Pavilion without the prior written consent of Avon, to include, but not limited
to tenting, catering equipment and portable facilities. All such work shall be
performed in a good and workmanlike manner. All alterations, additions or
improvements upon the Pavilion shall be removed from the Pavilion by 9:30
p.m. each EVENT day.
15.1.5.6 To the extent licensed personnel, such as electricians, medical, emergency
response or health official, are required to conduct certain services or
inspections, PRODUCER shall abide by these local and State requirements.
15.1.5.7 PRODUCER shall be liable for any damage to the Pavilion or adjacent Town
Property caused by the installation or removal of any alteration, addition or
improvement. AVON may take action to repair and restore any damage
caused by PRODUCER and PRODUCER shall be liable for such costs, including
reasonable attorneys' fees and costs to enforce this Agreement.
16. INTERNET ACCESS
AVON contracts with Comcast for all wireless services related to Town business. PRODUCER may
use Comcast provided internet service for lawful purposes only. Any transmission or re-
transmission of material in violation of any federal or state laws or regulations is expressly
prohibited. This extends to and includes, but is not limited to, any copyrighted materials, content
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communications deemed to be abusive, threatening or obscene, or any content or
communications prohibited by trade secrets.
Through Comcast, AVON shall provide access to the internet for the PREMISES only, through
TOA -Public secured with an EVENT password for the express use of PRODUCER's box
office/ticket sales, EVENT merchandise sales, vendor booth sales and media only. TOA -Public
bandwidth is loo megabits down/20 megabits up. Under no circumstances shall PRODUCER
share the passcode with the general public. PRODUCER shall advise AVON by not later than two
weeks prior to the EVENT of the desired EVENT Wi-Fi password.
17 EVENTS EXPENSES BUDGET, RELEASE OF FUNDS, IN-KIND SUPPORT AND ACCOUNTING
17.1 EXPENSES BUDGET
17.1.1 Attachment D sets forth the Approved 2017 Avon Live! Expenditures Budget
("Budget") for the EVENTS, which delineates all expected costs of producing the
EVENTS.
17.1.2 Funds may be moved from one line to another, upon the written approval of the Town
Manager or designee. The total AVON financial support shall not exceed seventy-nine
thousand dollars ($79,000).
17.1.3 AVON and PRODUCER understand that crowd attendance may fluctuate depending on
weather conditions and other factors which cannot be anticipated. PRODUCER may,
upon completion of the EVENTS, approach AVON should the PRODUCER incur a loss for
the EVENTS. AVON, based upon, a documented loss will consider additional funds to
eliminate or reduce the loss.
17.2 RELEASE OF FUNDS
17.2.1 A payment of 9o% ($71,100) shall be made upon finalization and approval of all EVENT
bands, via an Electronic Funds Transfer to the business account of PRODUCER.
17.2.2 Final payment of 1o% ($7,900), payment upon completion of the EVENTS but not later
than September 30, 2017, and subject to the following conditions:
17.2.3 AVON shall not be responsible for any unapproved costs.
17.2.4 PRODUCER fees payable to: Peak Performances, 44o D Street, Golden, CO 80401 or via
electronic transfer.
17.3 IN-KIND SUPPORT
17.3.1 AVON shall provide in kind support to PRODUCER in the amount not to exceed three
thousand nine hundred seventy dollars ($3,970.00) for the EVENTS. In-kind support
includes delivery and removal of EVENTS assets, staff staging assistance, use of the
Town Gator and PW services, and is detailed in Attachment E.
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17.3.2 AVON shall provide portable fence materials (stadium barricade — approx. goo linear
feet), not already in use, located in Town Park for use by PRODUCER.
17.3.3 AVON will ensure that by July 27, 2017, the electrical stubs and outlets on the PREMISES
are in good working order for the concessionaires.
17.4 ACCOUNTING
17.4.1 Final EVENTS expense accounting, including sufficient evidence that AVON may
determine that the PRODUCER has fully complied with all conditions of this Agreement
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 EVENTS, have been
paid in full shall be provided within fifteen (15) business days after the last EVENT.
17.4.2 Final EVENTS in-kind support shall be provided to the PRODUCER within fifteen (15)
business days after the last EVENT.
18. SPONSORSHIPS AND EVENT METRICS
18.1 SPONSORSHIPS
18.1.1 Presenting Sponsor
In recognition of AVON's financial support for the EVENTS, PRODUCER shall name and
market the EVENTS as Avon Live! Concerts in the Park, Presented by the Town of Avon
18.1.2 Other Sponsorships
PRODUCER and AVON agree sponsorships should be solicited for the EVENTS. The
parties find that PRODUCER may pursue cash sponsorships. All gross cash revenue
generated by sponsorships sold by PRODUCER will be split with AVON: Seventy-five
percent (75%) of gross cash sponsorship revenue will be allocated to PRODUCER and
twenty-five percent (25%) of gross cash sponsorship revenue will be allocated to AVON,
up to a total of gross sponsorship revenue of twenty eight thousand dollars ($28,000),
with PRODUCER receiving twenty one thousand dollars ($21,000) and AVON receiving
seven thousand dollars ($7,000). Once gross sponsorship exceeds twenty eight
thousand dollars ($28,000), one hundred percent (loo%) of all gross sponsorship funds
shall be paid to AVON to defray AVON's underwriting of the EVENTS. AVON shall retain
all gross sponsorship funds it raises.
Furthermore, the parties find that AVON may pursue product and in-kind media trades
to support the EVENTS. Should AVON be successful in gaining sponsorships, PRODUCER
shall develop or amend all marketing collateral to include sponsorship fulfillment
requirements, respecting the timing of sponsorship deals, with notice to PRODUCER of
said amendments, and AVON shall bear all costs for any change made after any collateral
has already been produced.
18.2 2017 PHOTOGRAPHS AND VIDEO
PRODUCER agrees to provide AVON, by not later than sixty (60) days after the EVENT, not
fewer than five (5) professional quality reproducible photographs and not less than ninety
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(go) seconds of edited video from the 2017 EVENT for use by AVON in any and all AVON
marketing and or promotions to include but not limited to print, web, social channels, etc.
18.3 SUCCESS METRICS — EVENT INTERCEPT SURVEY/POST-EVENT SURVEY
18.3.1 PRODUCER RESPONSIBILITIES
TOWN may conduct and on-site intercept surveys or post -event surveys. If the
TOWN develops a survey instrument, PRODUCER may recommend questions to
AVON for inclusion forty-five (45) days prior to the first day of the event. The survey
instrument questions and final report will be provided to PRODUCER within forty-five
(45) days of completion.
18.3.2 AVON RESPONSIBILITIES
If AVON includes the EVENT in either an on-site intercept survey or a post -event
survey via email, PRODUCER shall grant access to AVON'S consultant firm. AVON
shall retain and have ownership of the data collected by AVON; and, the survey
instrument questions and final report shall be provided to the producer within forty-
five (45) days of AVON receiving the final report.
1g. INFORMATION BOOTH
PRODUCER shall provide to AVON a site to locate a 10 x to tent for use by AVON for other
festival or event promotion and general Town information. Staffing for the booth shall be
provided by AVON.
20. POST EVENT REVIEW
The Town Manager and PRODUCER, and respective key staff, shall meet within thirty (30) days
of the last EVENT to evaluate the EVENTS.
21. INSURANCE & INDEMNIFICATION
21.1 PRODUCER 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 PRODUCER'S actions or omissions in
connection with the conduct of the EVENTS.
21.2 PRODUCER 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 EVENTS. 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 $2,000,00o annual
aggregate/umbrella, 3o days' notice of cancellation; $1,000,000 host and general liquor
liability insurance; $1,000,00o personal and advertising injury coverage; and $50,000 fire
damage.
2017 AVON LIVE CONCERT SERIES
EVENTS AGREEMENT
Page 13 of 18
21.3 PRODUCER shall provide to AVON proof of Comprehensive Automobile Liability insurance for
any private motor vehicles owned by PRODUCER or its officers, agents, or employees that
are used as part of the EVENTS. 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.
21.4 Written evidence of such general liability and alcohol liability policies and coverage shall be
provided to the Town Manager no later than July 6, 2017, at 5:00 p.m. All insurance policies
shall be non -cancelable without thirty (3o) days prior notice to AVON.
21.5 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-lol et seq.,
to C.R.S., as from time to time amended, or otherwise available to AVON, its officers, agents,
or employees.
21.6 PRODUCER shall not be relieved of any liability, claims, demands, or other obligations
assumed pursuant to paragraph 9.1 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.
21.7 All subcontractors of PRODUCER shall be required to list the Town of Avon, its elected
officials, officers and employees as additional insured and provide the appropriate certificate
of insurance to Avon upon request.
22. AVON TRADEMARKS
22.1 Avon's Marks, including EVENT logos, are and shall remain the sole and exclusive property of
AVON. PRODUCER shall not hold itself out as having any ownership rights with respect to
AVON's Marks or, except 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.
22.2Subject to the terms and conditions of this Agreement, AVON hereby grants to PRODUCER a
non-exclusive, non -transferable, revocable and limited license to reproduce AVON's Marks in
connection with (1) the EVENTS; and, (2) carrying out any other PRODUCER obligations under
this Agreement. Except as expressly permitted hereunder, PRODUCER hereby covenants and
agrees that it will make no use of Avon's Marks. PRODUCER shall have no right to sublicense
its rights under this license.
22.3 PRODUCER'S 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, PRODUCER shall provide
AVON with samples of all such materials for AVON's review and approval or disapproval.
22.4Any trademarks, logos or other intellectual property developed by AVON or by PRODUCER in
connection with its EVENTS services provided hereunder shall be the property of AVON.
2017 AVON LIVE CONCERT SERIES
EVENTS AGREEMENT
Page 14 of 18
23. EVENTS CANCELLATION
Either party may cancel the EVENT 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.
23.1 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 PRODUCER written notice
and PRODUCER shall have five (5) business days to cure the term or such longer time as
mutually agreed by the parties. Should PRODUCER cure, this Agreement shall continue in full
force and effect.
23.2 In the event of cancellation, AVON shall remit to PRODUCER all deposits less any EVENT
related expenditure incurred by AVON. If PRODUCER cancels the EVENT after AVON has
dedicated resources toward production and notice of such cancellation is not given ninety
(go) days prior to the first day of the EVENT, PRODUCER shall pay AVON five thousand
dollars ($5,000) as liquidated damages within thirty (3o) days of the previously scheduled
production date. Notwithstanding any other provision to the contrary, if PRODUCER cancels
the EVENT, PRODUCER shall return to AVON all funds provided by AVON for the EVENT
within fifteen (15) days of cancellation and any funds not returned to and received by AVON
shall bear interest at the rate set forth in Avon Municipal Code Chapter 3.32 — Interest on Past
Due Accounts.
24. RELEASE OF LIABILITY
24.1 AVON assumes no responsibility whatsoever for any non -municipal property placed in said
PREMISES. PRODUCER hereby expressly releases discharges Avon from any and all liabilities
for any loss, injury or damages to any person or property of PRODUCER, its employees,
agents, concessionaires, performer, attendee, spectator or other invitee that may be
sustained by reason of the occupancy of the PREMISES under this Agreement, except for the
negligent acts of AVON or its officers, agents, employees. To the fullest extent permitted by
law, PRODUCER shall indemnify, defend and hold harmless Avon, its members, affiliates,
officers, directors, partners, employees, and agents from and against all claims, damages,
losses and expenses, including but not limited to reasonable attorney's fees, arising out of
the performance of this Agreement, provided that any such claim, damage, loss or expense is
caused by any negligent act or omission of PRODUCER, anyone directly or indirectly
employed by PRODUCER or anyone for whose acts PRODUCER may be liable, except to the
extent any portion is caused in part by a party indemnified hereunder.
24.2 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, PRODUCER hereby expressly releases and discharges
AVON and its officers, agents and employees from any and all demands, claims, liabilities, and
2017 AVON LIVE CONCERT SERIES
EVENTS AGREEMENT
Page 15 of 18
causes of actions arising from any of the causes aforesaid.
25. NOTICES
Any notice to either party under this Agreement shall be in writing to the following addresses:
PEAK PERFORMANCES
Mike O'Brien
44o D Street
Golden, CO 80401
Via email: mike@gigdigger.com
Via email: bizmgr@theforeverlive.com
AVON
Town Manager
Copy to: Special Events Manager
Town of Avon
P. O. Box 975
Avon, CO 81620
Via email: vegger@avon.org
Via email: cwilllis@avon.org
26. 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 PRODUCER. 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.
27. Article X, Section 20/TABOR - The parties understand and acknowledge that the Avon is subject
to Article X, § 20 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.
28. 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
2017 AVON LIVE CONCERT SERIES
EVENTS AGREEMENT
Page 16 of 18
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.
29. 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.
3o. Assignment and Release -All or part of the rights, duties, obligations, responsibilities, or benefits
set forth in this Agreement shall not be assigned by PRODUCER 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.
31. 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.
32. Incorporation of Exhibits - Unless otherwise stated in this Agreement, all exhibits, applications,
or documents referenced in this Agreement, shall be incorporated into this Agreement for all
purposes. In the event of a conflict between any incorporated exhibit and this Agreement, the
provisions of this Agreement shall govern and control.
33• Employment of or Contracts with Illegal Aliens - PRODUCER shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement. PRODUCER 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, PRODUCER 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 PRODUCER 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 PRODUCER 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 PRODUCER obtains actual knowledge
that a subcontractor performing work under this Agreement knowingly employs or contracts
with an illegal alien, the PRODUCER shall be required to notify the subcontractor and the Town
within three (3) days that the PRODUCER has actual knowledge that a subcontractor is
employing or contracting with an illegal alien. The PRODUCER 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 PRODUCER's actual knowledge. The PRODUCER 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 PRODUCER 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
2017 AVON LIVE CONCERT SERIES
EVENTS AGREEMENT
Page 17 of 18
compliance with this provision and applicable state law. If the PRODUCER violates this provision,
Avon may terminate this Agreement, and the PRODUCER may be liable for actual and/or
consequential damages incurred by Avon, notwithstanding any limitation on such damages
provided by such Agreement.
34• Non -Liability of Town for Indirect or Consequential Damages or Lost Profits - The parties agree
that Avon shall not be liable for indirect or consequential damages, including lost profits that
result from Avon's declaration that the PRODUCER is in default of the Agreement, so long as
Avon acts in good faith.
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
�,(? eBy:Date:
Virginia C. Egger, Town a g r
PEAK PERFORMANCES
By: lees GG.�,� D 15u�-.� Date: 04/24/17
Mike O'Brien, President
2017 AVON LIVE CONCERT SERIES
EVENTS AGREEMENT
Page 18 of 18
A
av o n
COLORADO
ATTACHMENT B
TOWN OF AVON, COLORADO
RESOLUTION NO. 15-18
SERIES OF 2015
A RESOLUTION INCREASING AN ADMISSION TICKET FEE ON TICKETS FOR EVENTS HELD ON TOWN PROPERTY
AND AMENDING THE USE OF FEES COLLECTED FOR CERTAIN IMPROVEMENTS AND USES TO INCLUDE THE
ADDITION OF PAVILION MAINTENANCE AND RESTATING ALL SECTIONS OF ADOPTED RESOLUTION 13-26,
SERIES 2013, TO ENSURE FULL COMPLIANCE IN THE ADMINISTRATION, COLLECTION AND USE OF THE
ADMISSION TICKET FEE
WHEREAS, the Avon Town Council has identified "Special Events" as a strategic priority to improve the Town of
Avon's economic condition and to add to the quality of life for Avon residents and tourists; and,
WHEREAS, the Town may regulate the use of Town parks, special event areas and other Town owned property
in accordance with the Town's home rule authority, state statute and Chapter 9.40 of the Avon Municipal Code;
WHEREAS, the Avon Town Council passed Resolution 13-26 A Resolution Imposing an Admission Ticket Fee on
Tickets for Events Held on Town Property and Dedicating the Use of Fees Collected for Certain Improvements and
Uses on September 24, 2013, and has identified the need to increase the fee and amend allowable uses.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the
following:
Section 1 - Admissions Fee Established. An "Admission Ticket Fee" is hereby established which shall be levied on
every ticket for admission to a special event held on Town property for which a charge for admission is imposed by
the holder of the special event permit ("Vendor"). Any person who purchases or accepts an admission to a special
event on Town property, including but not limited to Nottingham Park, other Town parks, public right-of-ways, or
parking lots, is exercising a privilege of admission. Every special event Vendor who charges a price for admission to
such special event to the general public shall collect the Admission Ticket Fee imposed by this Resolution in the
manner set forth herein. The Town Manager may waive all or a portion of the Admission Ticket Fee for a specific
special event if the Town Manager finds in the Town Manager's discretion that such waiver (1) will promote the
viability of the special event, (2) will promote accessibility of Avon community to the special event, (3) is appropriate
in that the impacts of the special event do not warrant the Admission Ticket Fee, or (4) the Vendor proposes such
other terms, payments or benefits which equal or exceed the benefit of the Admission Ticket Fee.
Beginning on the date of this Resolution, the following Admission Ticket Fee shall be levied person per ticket sold or
provided as a complimentary admission:
• Ticket for single day admission = $3.00
• Ticket for two-day admission = $6.00
• Ticket for three-day admission = $9.00
Section 2 - Collection and Remittance of Admission Ticket Fee.
(a) The Vendor of a special event who imposes and collects a charge for admission to attendees, or any portion
of attendees, shall impose and collect the Admission Ticket Fee on every ticket for admission to the special event,
including any tickets or privilege of admission that are provided on a complimentary to a special event for which a
1 Resolution 15-18 Admission Ticket Fee
September 22, 2015
charge is imposed on other attendees. The Admission Ticket Fee shall be deemed to be held in trust by the Vendor
required to collect the Admission Ticket Fee until remitted to the Finance Director according to the provisions of this
Resolution. The Admission Ticket Fee shall be collected at the time the admission charge is paid or at the time a
complimentary ticket or privilege of admission is granted to an attendee.
(b) Every Vendor collecting an Admission Ticket Fee shall file with the Finance Director within thirty (30) days
following the last day of the special event for which an Admission Ticket Fee is levied a statement indicating the total
number of tickets and privilege of admission to the special event issued to attendees, the total amount of the
Admission Ticket Fees collected by ticket type during the admissions sale period and such further information as the
Finance Director may deem necessary to determine the amount of the Admission Ticket Fees collected and payable.
The Vendor shall remit the entire amount of the Admission Ticket Fee collected with the statement.
Section 3 - Exclusions. The Admission Ticket Fee shall not be payable by the following attendees if admitted to any
festival/special event without charge. The Town Manager may limit the numbers of each type of attendee admitted
without charge.
(a) A bona fide officer or employee of the Vendor of the special event;
(b) Any federal, state, city, county or Town official employee attending the event on official business;
(c) Any person whose admission to such special event is required for the performance of some duty or work
for the operator of such special event;
(d) Any newspaper reporter, photographer, telegrapher, radio announcer or person performing a similar
vocation who is admitted for the performance of special duties in connection with the special event and
whose special duties are the sole reason for his or her presence; and/or
(e) A child under thirteen (13) years of age, who is admitted without charge.
Section 4 - Failure to Remit; Penalties for Non -Payment. Every Vendor required to collect an Admission Ticket Fee
who fails to collect the applicable Admission Ticket Fee or any portion thereof shall be liable to the Town for the
amount of the Admission Ticket Fee plus a penalty of fifteen percent (15%) of the total amount due plus interest on
the amount due and penalty at the rate set forth in Chapter 3.32 of the Avon Municipal Code plus any costs of
collection incurred by the Town.
Section 5 - No Assumption of Admission Ticket Fee. The Vendor of special events shall agree that the Vendor shall
not represent that the Admission Ticket Fee will be assumed or absorbed by the Vendor, that Admission Ticket Fee
will not be added to the selling price of the admission sold or, if added, that it or any part thereof will be refunded.
Section 6 - Printing of Admission Ticket Fee on Ticket. On each admission ticket, wristband or card sold, the
following words or their equivalent identifying the amount of Admission Ticket Fee levied shall be conspicuously and
indelibly printed, written or stamped on the face or back of that part of the ticket which is sold by the Vendor:
"Town of Avon Admission Ticket Fee $3 per Day."
Section 7 - Determination of Fee Due. If any Vendor required to collect and remit the Admission Ticket Fee fails to
file a statement and a remittance, or if the Town Manager has reasonable cause to believe that an erroneous
statement has been filed, the Town Manager may proceed to determine the amount due to the Town and, in
connection therewith, shall make such investigations and take such testimony and other evidence as may be
necessary. The Town shall provide at least six (6) days prior written notice to the Vendor before conducting an
administrative hearing and shall provide an opportunity for the Vendor to provide testimony and evidence before
the Town Manager renders a final decision.
Section 8 - Right of Inspection and Audit. It shall be the duty of every Vendor to keep and preserve suitable records
of all ticket types sold and such other books or accounts as may be necessary to determine the amount of the
Admission Ticket Fee for the collection or payment of which the Vendor is liable. The Town Manager may make, or
Z Resolution 15-18 Admission Ticket Fee
September 22, 2015
cause to be made the examination, inspection or audit of books, invoices, accounts and other records so kept or
maintained by such Vendor.
Section 9 - Collection and Payment of Disputed Fee. Should a dispute arise between the purchaser and the Vendor
or between Vendor and the Town Manager as to whether the sale of admission is exempt under this Resolution, the
Vendor, shall collect and the purchaser shall pay the Admission Ticket Fee, and the Vendor or purchaser shall
thereupon issue a receipt or certificate, showing the names of the purchaser and Vendor, the date, price and
amount of Admission Ticket Fee paid, and a brief statement of the claim of exemption. The purchaser or Vendor may
apply to the Town Manager for a refund of such fees, and it shall be the duty of the Town Manager to thereupon
determine the question of exemption and to provide for a refund if necessary.
Section io — Incorporation into Special Events Permit or Contract. The terms of this Resolution shall be referenced
and incorporated into any special events permit or contract for special events along with such other terms as may be
deemed appropriate and necessary for the administration and enforcement of the Admission Ticket Fee.
Section it - Town of Avon use of Admission Ticket Fees.
(a) All Admission Ticket Fee revenues collected shall be utilized for special event related capital facilities,
maintenance, equipment and infrastructure improvements, including but not limited to:
(i) Acquisition of assets for special events such as tenting, fencing, cord channels, staging, resource
recovery, directional signage, or generators/turtle box.
(ii) Improvement in park and Town -owned facility infrastructure such as type and location of power,
resource recovery, warm water access, grey water and grease disposal receptacles, materials for
conversion of facilities for various event types, and field and trail improvements.
(iii) Maintenance of the Park Pavilion and Nottingham Park Upper Field attributable to special event and
festival use.
(b) The Admission Ticket Fee revenues, with Town Manager approval, may be used to defray police, public
transportation and traffic control costs when provided by the Town as an in-kind benefit for the special
event.
Resolution 15-18 Admission Ticket Fee
September ii, 2015
Avon
COLORADO
ATTACHMENT C
Avon Pavilion Stage Curtain
Wind Management Agreement
RECITALS
WHEREAS, PRODUCER shall be using the Avon Pavilion, which has retractable stage curtain, which may be opened
or closed during the EVENT; and,
WHEREAS, the parties desire to set forth the terms and conditions of how the stage curtain shall be managed and
used during the EVENT.
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. PRODUCER and AVON have agreed that: (Check one box)
❑ PRODUCER will not require AVON Wind Management Protocol described in Section z below for
the Pavilion stage curtain and will accept the stage curtain in an as is condition under the terms of
Paragraph 1 Premises & Rights of Use. PRODUCER agrees that the opening and closing of the
curtain will be done in the sole discretion of the Producer, using not less than two persons at all
times for opening and/or closing of the stage curtain.
❑ AVON shall participate in the Wind Management Protocol as described in Section i below for the
stage curtain for PRODUCER as described below, but no PWW shall be installed.
❑ AVON shall install a PWW for the EVENTS for each day PRODUCER has the exclusive or
nonexclusive use of the PREMISES and shall participate in the Wind Management Protocol as
described in Section z below. The location of the PWW is depicted in the attached EXHIBIT. Once
the PWW is constructed, the stage curtain shall be closed and remain closed, unless wind speeds
mandate the curtain be open, as described in Section 2.7 below.
z. Wind Management Protocol
2.1 AVON has designated the Town Engineer or his designee(s) as the on-site Avon Wind Monitor
(AWM).
2.2 EVENTS shall designate the stage manager (SM) or other representative to be solely responsible
to the AWM by not later than thirty (3o) days
2.3 If a PWW has not been installed, PRODUCER will provide to the AWM the daily schedule for the
curtain to be open or closed by not later than 48 hours prior the each CONCERT date. The AWM
Avon Pavilion Curtain - Wind Management Agreement
Page i of 3
will be responsible for the implementation of the curtain plan, subject to the conditions in Sections
2.5-2-7.
2.4 The AWM shall place an anemometer on the Pavilion not later than 48 hours before each
CONCERT date, and review its working condition with the SM.
2.5 The AWM shall review the wind speed forecasts as produced by the National Weather Service
(NWS) for each day PRODUCER has the exclusive or nonexclusive use of the PREMISES, and
provide to the SM the 24-hour wind speed ("24HWS") forecast for each day of Pavilion use, by not
later than 9:oo a.m. of the use day.
2.6 If the 24HWS forecasts wind speeds of 15 mph or less and/or wind gusts of less than 20 mph,
the stage curtain shall remain open, unless the plan presented in Section 2.3 requests that the
curtain is to be closed at any time. AWM shall review the 24HWS forecast periodically, but
take no action to close the curtain for wind speeds, should the forecast remain the same.
2.7 If the 24HWS NWS forecasts wind speeds of 15 mph or higher; or wind gusts greater than 20
mph the AWM shall provide to the SP a curtain management plan for the day, which may
include the opening of the curtain by AVON. As a general practice, while the manufacturer
has stated the curtain, when closed, can be expected to withstand a wind speed of 45 mph,
AVON has determined, at this time, that the curtain shall always be opened when the forecast
is for sustained wind or gusts of wind at or above 30 mph.
3. SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.
TOWN OF AVON
PEAK PERFORMANCES
0
Virginia C. Egger, Town Manager Mike O'Brien, President
DATE: , 2017 DATE: , 2017
EXHIBIT
LOCATION OF PRE -WIND WALL
Avon Pavilion Curtain - Wind Management Agreement
Page 2 of 3
ATTACHMENTI)
APPROVED 2017 AVON LIVE! EXPENSES PROJECTION
EXPENDITURE PROJECTION
Week 1
Week z
Week 3
Week 4
Total
TALENT& STAGE PRODUCTION
Talent: Peak
Headline band
$
12,000.00
$
12,000.00
$
12,000.00
$
12,000.00
$
48,000.00
Opening band
$
500.00
$
500.00
$
500.00
$
500.00
$
2,000.00
Band Transportation
$
-
$
-
$
_
$
_
$
_
Lodging
$
-
$
-
$
-
$
_
$
_
Hospitality
$
50.00
$
350.00
$
350.00
$
50.00
$
1,400.00
Talent Total
$
12,8 o.00
$
12,850-00
$
12 8 o.00
$
12,8 o.00
$
51,400-00
Stage Production: Peak
Sound
$
1,525.00
$
1,525.00
$
1,525.00
$
1,525.00
$
6,1oo.00
Lighting
$
6 o.00
$
6 o.00
$
6 o.00
$
6 o.00
$
2,520.00
Instrument Rental
$
385.00
$
85.00
$
85.00
$
385.00
$
1,540.00
M mt Fee
$
,000.00
$
,000.00
$
,000.00
$
,00o.00
$
12,000.00
Stage Hands/ Event Staff $
1,350-00
$
1,350-00
$
1,350-00
$
1,35o.00
$
5,400.00
Production Total
$
6,8 o.00
$
6,8 o.00
$
6,8 o.00
$
6,8 o.00
$
27,56o.00
TOTAL Talent & Stage Production:
$
19,740.00
$
19,740.00
$
19,740.00
$
19,740.00
$
78,96o.00
OPERATIONS
Sanitation: Peak
Portolets & Hand Washing
$
50.00
$
50.00
$
0.00
$
50.00
$
3,800.00
Zero Waste Goal: Walking Mountains Staff $
245.00
$
245.00
$
245.00
$
245-00
$
980.00
TOA Trash/ Recycling Dum sters
$
-
$
-
$
-
$
_
$
Add'I Temp Staff $
-
$
-
$
_
$
_
$
Sub -Total:
$
1,195-00
$
1,195-00.
$
5.00
$
1,195-00
$
4,780.00
Signage: TOA
Pedestrian Directional Signage
$
12.00
$
12.00
$
12.00
$
12.00
$
48.00
On -Site Signage
$
12.00
$
12.00
$
12.00
$
12.00
$
48.00
Sub -Total:
$
24.00
$
24.00
$
24.00
$
24.00
$
96.00
Alcohol Related: Peak
Add'[ insurance: Alcohol related
$
-
$
-
$
_
$
$
Alcohol Management Fee
$
$
$
-
$
$
Sub -Total:
$
$
$
$
$
Insurance: Peak
Rain Insurance
$
$
$
$
$
Sub -Total:
$
$
$
$
$
EXPERIENCE & MISC
Activities & Atmosphere: Peak
Kids' Zone / Face Painting
$
1,250.00
$
1,250.00
$
1,250.00
$
1,250.00
$
5,000.00
Balloon Sculpture / Perf Artists / Dog Tricks
Sub -Total
$
1,250.00
$
1,250.00.
$
1,250.00
$
1,z 0.00
$
000.00
Miscellaneous: Peak
Supplies
$
50.00
$
50.00
$
50.00
$
50.00
$
200.00
Permits (Liquor; Eagle Cnt; ERFPD; Other)
$
32.00
$
32.00
$
32.00
$
32.00
$
128.00
Marketing
$
00.00
$
00.00
$
300.00
$
00.00
$
1,200.00
Sub -Total
$
382.00
$
382.00
$
382.00
$
382.00
$
1,528.00
TOTAL Experience & Misc:
$
1,632.00
$
1,632.00
$
1,632.00
$
1,632.00
$
6,528.00
TOTAL EVENT EXPENSES
$
22,591.00
$
22,591.00
$
22,591.00
$
22,591.00
$
90,364.00
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