02-12-2018 RRC Associates LLCA INDEPENDENT CONTRACTOR
4won SERVICE AGREEMENT
_For: Town of Avon Special Events
Intercept/Post Event Surveys
This Independent Contractor Service Agreement ("Agreement") dated February 12, 2o18, is between
the Town of Avon, a Colorado home rule community ("Town") and RRC Associates LLC ("Contractor").
1. Services: Contractor agrees to provide services ("Services"), as described in the attached
statement of Scope of Services. To the extent the provisions of this Agreement conflict with the
Proposal, the terms of this Agreement shall control. Contractor shall provide and complete the
Services in a manner consistent with that degree of care and skill ordinarily exercised by members
of the same profession currently practicing under similar circumstances in Colorado. Contractor
hereby warrants that it has the workforce, training, experience and ability necessary to properly
complete the Services in a timely fashion. Contractor will comply, and cause all its employees, agents
and subcontractors to comply, with applicable safety rules and security requirements, while
performing the Services.
z. Independent Contractor: The Contractor shall perform the Services as an independent contractor
and shall not be deemed by virtue of this Agreement to have entered into any partnership, joint
venture, employer/employee or other relationship with the Town other than as a contracting party
and independent contractor. The Town shall not be obligated to secure, and shall not provide, any
insurance coverage or employment benefits of any kind or type to or for the Contractor or the
Contractor's employees, sub -consultants, contractors, agents, or representatives, including
coverage or benefits related but not limited to: local, state, or federal income or other tax
contributions; insurance contributions (e.g., FICA); workers' compensation; disability, injury, or
health; professional liability insurance, errors and omissions insurance; or retirement account
contributions.
3. Insurance:
31 Minimum_ Amounts. The Contractor shall obtain and shall continuously maintain during the term
of this Agreement insurance of the kind and in the minimum amounts specified in this Section
3.1. The Required Insurance shall be procured and maintained with insurers with an A- or better
rating as determined by Besfs Key Rating Guide. All required Insurance shall be continuously
maintained to cover all liability, claims, demands, and other obligations assumed by the
Contractor.
The Contactor shall secure and maintain the following ("Required Insurance"):
3.1.1 Worker's Compensation Insurance in the minimum amount required by applicable law for
all employees and other persons as may be required by law. Such policy of insurance shall
be endorsed to include the Town as a Certificate Holder.
3.1.2 Comprehensive General Liability insurance with minimum combined single limits of One
Million Dollars ($1,000,00o.00) Dollars each occurrence and of One Million Dollars
($1,000,000.00) aggregate. The policy shall be applicable to all premises and all operations
of the Contractor. The policy shall include coverage for bodily injury, broad form property
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damage (including completed operations), personal injury (including coverage for
contractual and employee acts), blanket contractual, independent contractors, products,
and completed operations. The policy shall contain a severability of interests provision.
Coverage shall be provided on an "occurrence" basis as opposed to a "claims made" basis.
Such insurance shall be endorsed to name the Town as Certificate Holder and name the
Town, and its elected officials, officers, employees and agents as additional insured
parties.
3.2 Additional Requirements for All Policies. in addition to specific requirements imposed on
insurance by this Section 3. INSURANCE and its subsections, insurance shall conform to all the
following:
3.2.1 For both Contractor Insurance and Required Insurance, all policies of insurance shall be
primary insurance, and any insurance carried by the Town, its officers, or its employees
shall be excess and not contributory insurance to that provided by the Contractor;
provided, however, that the Town shall not be obligated to obtain or maintain any
insurance whatsoever for any claim, damage, or purpose arising from or related to this
Agreement and the Services. The Contractor shall not be an insured party for any Town -
obtained insurance policy or coverage.
3.2.2 For both Contractor Insurance and Required Insurance, the Contractor shall be solely
responsible for any deductible losses.
3.2.3 For Required Insurance, no policy of insurance shall contain any exclusion for bodily injury
or property damage arising from completed operations.
3.2.4 For Required Insurance, every policy of insurance shall provide that the Town will receive
notice no less than thirty (30) days prior to any cancellation, termination, or a material
change in such policy.
3.3 Failure to Obtain or Maintain. Insurance. The Contractor's failure to obtain and continuously
maintain policies of insurance in accordance with this Section 3. INSURANCE and its subsections
shall not limit, prevent, preclude, excuse, or modify any liability, claims, demands, or other
obligations of the Contractor arising from performance or non-performance of this Agreement.
Failure on the part of the Contractor to obtain and to continuously maintain policies providing
the required coverage, conditions, restrictions, notices, and minimum limits shall constitute a
material breach of this Agreement upon which the Town may immediately terminate this
Agreement, or, at its discretion, the Town may procure or renew any such policy or any extended
reporting period thereto and may pay any and all premiums in connection therewith, and all
monies so paid by the Town shall be repaid by Contractor to the Town immediately upon demand
by the Town, or at the Town's sole discretion, the Town may offset the cost of the premiums
against any monies due to the Contractor from the Town pursuant to this Agreement.
3.4 insurance Certificates. Prior to commencement of the Services, the Contractor shall submit to
the Town certificates of insurance for all Required Insurance. Insurance limits, term of insurance,
insured parties, and other information sufficient to demonstrate conformance with this Section
3. INSURANCE and its subsections shall be indicated on each certificate of insurance. Certificates
of insurance shall reference the Project Name as identified on the first page of this Agreement.
The Town may request and the Contractor shall provide within three (3) business days of such
request a current certified copy of any policy of Required Insurance and any endorsement of such
policy. The Town may, at its election, withhold payment for Services until the requested
insurance policies are received and found to be in accordance with the Agreement.
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4. Payment: Payment for Services shall be in accordance with the attached Scope of Services and
budget as described in Exhibit A. RRCs work shall be in accordance with an identified not -to -exceed
budget amount. RRC will invoice in equal installments: the first at commencement of work, the
second in June, and the final installment due after the contracted Services are completed to the
Town's satisfaction. The Contractor's first invoice shall include the Contractor's taxpayer
identification number. Town shall pay Contractor within thirty (30) days after an invoice in proper
form is submitted to Town.
5. Ownership of Documents:
5.1 Work Product_Js Property of Town. Upon complete payment for services rendered, the Work
Product, as defined in Sub -Section 1.1, shall be deemed work made for hire and made, in the
course of Services performed under this Agreement, and will be the exclusive property of Town.
Town will have unlimited right to make, have made, use, reconstruct, repair, modify, reproduce,
publish, distribute and sell the Work Product, in whole or in part, or combine the Work Product
with other matter, or not use the Work Product at all, as it sees fit. Any reuse of the Work Product
produced under this Agreement for any purpose not directly related to this Agreement will be at
the sole risk of Town.
5.2 Obligations of Contractor's Personnel and Subcontractors. Contractor warrants it has
enforceable written agreements with all its personnel and subcontractors to be involved in
performing the Services that:
5.2.1 Assign to Contractor ownership of all patents, copyrights and other proprietary rights
created during his/her/their employment or engagement, and
5.2.2 Obligate such personnel or subcontractors upon terms and conditions no less restrictive
than are contained in this Section 5 OWNERSHIP OF DOCUMENTS, not to use or disclose
any proprietary rights or information teamed or acquired during such employment or
engagement including, without limitation, any Work Product, all Contractor property and
any other information pursuant to this Section 5 OWNERSHIP OF DOCUMENTS.
5.3 Assignment of.Proprietary Rights. To the extent that any title to any Work Product may not, by
operation of law, vest in Town, or such Work Product may not be considered to be work made
for hire, Contractor hereby irrevocably transfers and assigns to Town in perpetuity all worldwide
right, title and interest in and to the patent rights, copyrights, trade secrets and other proprietary
rights in and ownership of, the Work Product.
5.4 Town, Furnished Information. Title to all materials and all documentation furnished by Town to
Contractor will remain in Town. Contractor will deliver to Town and any all Work Product and
property, including copies thereof on whatever media rendered, upon the first to occur of:
5.4.1 Town's written request; or
5.4.2 Completion of the Services under this Agreement; or
5.4.3 Termination of this Agreement.
5.5 The Contractor waives any right to prevent its name from being used in connection with the
Services.
6. Illegal Aliens: This Agreement is subject to the provisions of the Illegal Aliens -Public Contracts for
Services Act found at C.R.S. Section 8-17.5-101 et seq. By execution of this Agreement, Contractor
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certifies that it does not knowingly employ or contract with an illegal alien who will perform work
under this Agreement and that Contractor will participate in either the E -Verify Program or
Department Program to confirm the eligibility of all employees who are newly hired for employment
to perform work under this Agreement. As used in this Section 5., "Department" means the
Colorado Department of Labor and Employment.
6.1 Specifically, Contractor shall not:
6.1.1 Knowingly employ or contract with an illegal alien to perform work under this Agreement;
or
6.1.2 Enter into a contract with a subcontractor that fails to certify to Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement.
6.2 Contractor has confirmed the employment eligibility of all employees who are newly hired for
employment to perform work under this Agreement through participation in either the E -Verify
Program or Department Program.
6.3 Contractor shall use either the E -Verify Program or Department Program to undertake pre-
employment screening of job applicants while this Agreement is in effect.
6.4 If Contractor obtains actual knowledge that any of its subcontractors performing work under
this Agreement knowingly employs or contracts with an illegal alien, Contractor shall:
6.4.1 Notify the subcontractor and Town, within three (3) days of discovery of such fact, that
Contractor has actual knowledge that the subcontractor is employing or contracting with
an illegal alien; and
6.4.2 Terminate the contract with the subcontractor if, within three (3) days of receiving the
notice required by subpart D.(i) above, the subcontractor does not stop employing or
contracting with the illegal alien; except that Contractor need not terminate the contract
with the subcontractor if, during such three (3) days, the subcontractor provides
information establishing that the subcontractor has not knowingly employed or
contracted with an illegal alien.
6.5 Contractor shall comply with any reasonable request by the Department made during an
investigation that the Department is undertaking pursuant to the authority established in C.R.S.
Section 8-17.5-102(5).
6.6 If Contractor violates any of the provisions of this Section 5., Town shall have the right to
terminate the Agreement for breach of contract and, in such case, Contractor shall be liable to
Town for all actual and consequential damages incurred by Town as a result of such breach and
the termination of this Agreement.
6.7 Town will notify the Office of the Secretary of State if Contractor violates this provision of this
Agreement and the Town terminates this Agreement for such breach.
7. Town Unilateral Termination: Town may terminate this Agreement without cause upon delivery of
written notice to the Contractor at least ten (10) days prior to the effective date of termination or
may terminate this Agreement immediately upon delivery of written notice if Contractor fails to
provide the Services in accordance with the terms of this Agreement.
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8. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive,
limit, or otherwise modify any governmental immunity that may be available by law to the Town, its
officials, employees, contractors, or agents, or any other person acting on behalf of the Town and
governmental immunity afforded or available pursuant to the Colorado Governmental Immunity
Act, Title 24, Article 1o, Part 1 of the Colorado Revised Statutes.
Affirmative Action: Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex or national origin. Contractor will take affirmative
action to ensure applicants are employed, and employees are treated during employment without
regard to their race, color, religion, sex or national origin. Such action shall include, but not be
limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship.
1o. 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 Contractor. 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.
11. Limitation of Damages: The parties agree that Contractor's remedies for any claims asserted
against the Town shall be limited to proven direct damages in an amount not to exceed payment
amounts for Services due under the Agreement and that Town shall not be liable for indirect,
incidental, special, consequential or punitive damages, including but not limited to lost profits.
12. Indemnity: To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless Town, 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 the Services, provided that any such claim,
damage, loss or expense is caused by any negligent act or omission of Contractor, anyone directly
or indirectly employed by Contractor or anyone for whose acts Contractor may be liable, except to
the extent any portion is caused in part by a party indemnified hereunder.
13. 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 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.
AGREEMENT READ, UNDERSTOOD AND APPROVED:
TOWN OF AVON CONTRACTOR — RRC ASSOCIATES LLC
�5� b7 Q-ow,�,A BY:
Virgin a Egger, Town Ma ager Chris Cares, Managing Director
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Exhibit A
SCOPE OF SERVICES
This Agreement provides an outline of approach and an associated budget for
research to be conducted on behalf of the Town of Avon (TOA).
The RRC Team. RRC Associates is a research, planning, and design firm founded in 1983 and
based in Boulder. We have 15 persons on staff, representing a variety of disciplines and
advanced degrees. The RRC team has been blended to provide competent and cost-effective
information -gathering services and consulting to a wide range of clients, including cities,
counties, districts, and a variety of private sector clients. RRC Associates has over three
decades of experience conducting a variety of survey -based research projects, and
economic -based studies in rural and small-town settings throughout the western United
States. The firm has particular specialization in mountain towns and resorts. RRC has
assisted Eagle County on a variety of studies, and has worked for the Town of Vail,
Arrowhead at Vail, Beaver Creels, Vail Resorts (Vail Mountain), and a variety of other clients
in the area, including the Town of Avon (some time ago).
RRC has been conducting a variety of intercept survey projects for mountain towns for many
years, including a specialized study to evaluate the economic impact of Vail events, five out
of the past six years. These assignments have required research, compilation of findings and
data, and interpretation of results with documentation to support policy discussions and
strategic planning efforts. These services result in a systematic assessment of the economic
contribution of events in the town using a series of metrics that we have developed to
portray events on relative scales. The result of these efforts is a set of findings that the Town
staff and decision -makers use to evaluate the specific aspects of events, including the relative
economic contribution of each one. RRC will draw on those experiences and perspective for
the Avon Intercept Survey project.
Staff and Project Management. The RRC staff is highly experienced working with clients
throughout the West. We would involve several senior staff in this project, as needed. Chris
Cares and David Becher, both directors and senior team members at RRC, would be the
primary contacts and the research leads for this proposed analysis. Sarah Esralew Hutson
would be the project manager.
The Avon Research Effort
The project consists of conducting and analyzing the results of intercept surveys at a pre-
identified set of events taking place in the Town of Avon during 2018 (19 unique events and
two "benchmark" weekends). The events scheduled for inclusion in the research are
identified in Attachment A.
The primary goal of the intercept research is to measure the value and economic
contributions of events that are receiving public support. Our proposal assumes that the
goal of our work is to conduct survey research to obtain metrics describing event
performance. These would include:
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• Estimated spending by event attendees on lodging, dining, shopping, and other
activities in the Town of Avon.
• Estimated return on investment to the Town of Avon, specifically:
o Additional incremental spending within the Town generated by the event
o Ratio of increased revenue to the amount of funding received
o An estimate of additional sales tax revenue generated by the event accruing to
the Town
To achieve the above findings, the following data would need to be collected, among
others:
o Visitor type: day visitor, seasonal resident, full-time resident, overnight visitor
to the Vail Valley
o Percentage of people coming to Avon specifically for the event
o Spend by visitors
o Party size
In addition to documenting measures of economic impact, we would also seek to evaluate
the following visitor characteristics (subject to further conversation with the Town of Avon,
as some of this information may also be collected by the event sponsor):
• Attendance at the event in prior years
• Age
• Household income
• Gender
• Household composition
• Trip characteristics:
o For overnight visitors staying in the Vail Valley:
■ Previous visitation to Avon
■ Nights staying in the area
■ Type of lodging (paid/other)
■ Lodging rate (if paid)
■ Location of lodging
o Number of people in party; number of children in party
o Mode of transportation to Vail Valley (fly/drive); if flew, which airport
• Event evaluation
o Satisfaction with one or two specific attributes of the event (e.g., flow/layout,
programming, kids' activities, etc.)
The final deliverable from RRC would be a report consisting of background information
including study methodology, a profile of each event in "dashboard" (summary chart)
format, and an evaluation of total economic impact of the entire events program in 2018.
The report would address the range of topics addressed in the survey, including economic
impacts and more detailed visitor and trip characteristics, visitor satisfaction, and/or other
issues as determined (subject to refinement of the survey questionnaire).
Approach
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RRC has worked closely with the TOA to determine the best approach for gathering
information from the selected events. RRC will recruit, hire and train interviewers to
administer the surveys. Our proposal assumes we will take full responsibility for all aspects
of the survey program, but with some continuing assistance and coordination by TOA staff.
Following are additional details about the research approach:
Data collection technique: RRC will use standard intercept survey techniques and
will provide trained interviewers and would also have survey administrators to
oversee our team on a periodic basis. Surveys could be conducted via traditional pen
and paper and/or electronic PDAs. Interviewing schedules would be developed to
ensure sampling over a representative period of time(s) during the selected events. It
is anticipated that RRC will conduct intercept surveys at approximately 10 events,
and coordinated research using special techniques at two to three events the
approach to be determined (i.e. Easter Egg Hunt, Trails Opening). Also, RRC will also
conduct intercept surveys on two weekends that do not have events scheduled in
order to develop a baseline of visitor information against which events can be
measured.
In addition, for an anticipated 9 events RRC will use post -visit email follow-up
surveys. The email lists for these events will be provided by the promoters using
either Ticket -based lists or Free Event lists (see Attachment A).This technique will be
used to augment or replace intercept surveys at a number of participant -focused
events (e.g. sports tournaments), assuming event management has access to the
email addresses of participants. This approach will be used for the identified events
that can/will provide email lists as identified in the Attachment.
Sample size: A balance must be struck between desired precision of results vs. cost of
data collection. For costing purposes, the 2018 research effort contemplates a sample
size range of 50 to 150 completions per event. The 95 percent confidence interval
about a proportion is +/-9.8 percentage points for a sample size of 100. Note that the
target sample size will vary by event, with larger sample sizes for events receiving a
greater amount of public funding or anticipated to have greater economic impacts
than smaller events.
Staffing and management of survey interviewers: We will undertake the intercept
survey data collection work by directly hiring and managing interviewing staff. Our
firm is experienced in setting up and conducting intercept survey programs in the
Vail Valley.
o RRC Responsibilities
■ Overall project management
■ Survey design
Preparation of an overview summary report on the survey results and
economic impact of events
• Analysis and reporting: The RRC analysis will address the economic contribution of
the events to the Town of Avon, as well as topics agreed upon prior to commencing
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work such as visitor demographics and trip characteristics. It is understood that the
analysis will be focused on direct economic impacts and exclude secondary or
"multiplier" impacts.
Based on available data, RRC will conduct "reality checks" to ensure that attendance
estimates and aggregate economic impacts of the event are realistic. This could
include comparing the attendance estimates/visitor profile against DestiMetrics
occupancy data, Town counts, Town sales tax data, and parking utilization data. It is
anticipated that crowd estimates would be provided by the Town, with cooperation
of event sponsors, but our team could do selective crowd counts and other estimates
to augment and cross-check Town sources.
It is noted that in addition to spectator- or participant -based economic impacts, some
events may generate significant economic impacts associated with event production
(e.g., purchases of local supplies, hiring of local labor, etc.). This proposal does not
anticipate quantifying those impacts, but this source of economic activity is noted as
an additional potential benefit to the Town of Avon.
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Cost for Services
Attachment A -Summary of Interviewing Program - Avon 2018
Post -Event Survey (ticketed
event) ,
Event Date(s)
Cover Rock Music Festival
6/22-6/23
Vail Valley Brew Fest in Avon
6/30/2018
Zoppe Italian Family Circus
9/7-9/9
Bec Tri Sprint
8/4
Post Event Survey (free
event)
Event Date(s)
Feb. Freezer & Polar Plunge
2/24
Soccer Tournament
6/8-6/10
Lacrosse Tournament
6/17-6/20
USA Swimming Open H2O
Swim
8/10-8/11
MOTC
10/13-10/14
Intercept or Mailer Survey
Event Date(s)
Egg Hunt MAILER
3/31
West Avon Preserve Trails
Opening (MAILER)
4/14
Salute to the USA
INTERCEPT
7/3
Dancing in the Park
INTERCEPT
7/30 & 8/8
MLT (INTERCEPT)
8/4
Avon LIVE! (INTERCEPT &
MAILER)
7/11,7/18,7/25,&
8/1
Carboard Regatta
INTERCEPT
7/28
National Hispanic Month
MAILER
9/6,9/13,9/20,
9/27
Holiday Celebration
INTERCEPT
11/29
Battle of the Brains MAILER
TBD
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*Including 2
"benchmark
weekends"
As summarized below, RRC agrees to conduct the research program for a not -to -exceed cost
of $28,000. The research effort will include surveys or alternative research techniques (as
agreed upon with the Town) for all events shown in Attachment A.
Summary of Costs
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Project
# of
Cost of
management,
TOTAL
Events
Fieldwork/surveys
economic
COST
evaluation,
reporting
21
$18,000
$10,000
$28,000
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