HomeMy WebLinkAboutresolution.council.177-17 RESOLUTION #177
(Series of 2017)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND BELLY UP ASPEN AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID MEMO OF UNDERSTANDING ON BEHALF OF THE CITY
OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a memo of
understanding for, between the City of Aspen and, a true and accurate copy of
which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that memo of
understanding for, relationship between the City of Aspen and Belly Up Aspen a
copy of which is annexed hereto and incorporated herein, and does hereby
authorize the City Manager to execute said agreement on behalf of the City of
Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 18th day of December 2017. 1
J
1
StevenS a ron, Mayor
I, Linda Manning, duly appointed.and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, December 18, 2017.
"A A 9 , a
Linda Manning, City Cle k
Memo of Understanding(MOU)
Concert&Event Co-Presentations
Between Wheeler Opera House and Belly Up Aspen
December 2017
This document is intended to serve as a Memo of Understanding between the City of Aspen,d/b/a
Wheeler Opera House(WOH)and Belly Up Aspen(BUA),for the purposes of stating the general
understanding and agreement between both parties as it pertains to co-presentation of concerts and events
together at the Wheeler Opera House.
This document recognizes that BUA is an Aspen based company(opened 2005)owned by Michael,
David and Daniel Goldberg.BUA is primarily a music venue presenting more than 300 music,comedy
and alternative performances annually.
Both entities agree that a relationship of collaboration,sharing of information,and oo-presentations of
concerts is beneficial not only to both business models but to the Aspen community at large. While the
missions of each entity are different,the common goal of bringing quality music to Aspen and the greater
Roaring Fork Valley is a shared goal. The entities agree to work together in good faith to support the
fruitful growth of the Aspen arts/entertainment market.
To that end,the following model between BUA and WOH is agreed to as follows:
Planning:
• BUA and WOH management agree to share booking information and discuss programming
goals on an on-going basis.
• Key artists, genres,themes for co-presentations will be identified between BUA and WOH
management on an on-going basis,with dates identified seasonally for opportunities.
Booking Sharing of Information&Promoter of Record
• WOH agrees to share concert booking information with Belly Up prior to submitting offers to
minimize conflicts in scheduling and to ensure that there is no commercial competition or
that a promoter of record exists with BUA.
• BUA agrees to communicate to WOH when co-presentation opportunities exist based on
established programming and collaboration goals.
• BUA and WOH agree that unless an artist is specifically requesting a change of venue, each
entity will honor the"promoter of record"right to return the artist to that specific venue.
• Should the artist have history with BUA but is requesting a change of venue, WOH will work
in good faith to co-present with BUA a commercially viable event,assuming mutually
agreeable dates can be found in the calendar.
Booking Process
• Upon communication of interest in market for a specific concert artist,BUA and WOH will
evaluate the co-presentation potential based on market research,venue schedules,etc.
• , Should a co-presentation be warranted:
o BUA will prepare a financial offer,to be approved by WOH
o BUA will submit offer to agent,copying WOH on the offer and all written
correspondence regarding the offer.
o Any changes to the agreed to offer will be confirmed in writing by WHO before
BUA will be authorized to offer a change of terms to the agency.
o BUA will process/administrate contract,delivering to WHO in a timely manner for
final sign off. WOH Executive Director will remain the signatory on the contract.
• Should a co-presentation not be warranted: -
o the individual parry will continue with negotiations
o BUA and WOH agree to not submit an offer for a concert artist that is outside of the
fair market financial term and ticket pricing for the market.
Financial Agreement I Co-Presentations
• BUA and WOH agree to share mutually agreed upon documented expenses 500/o/50%,and share
net income 50%/50%, less any subsidy provided by WOH to BUA for subsidized Wheeler
Membership tickets.
• All financial details for the engagement will run via the WOH J City of Aspen finance
department.
• Final settlement of the event will be provided to BUA no later than 5 business days following the
close of the event.
o Payment due to BUA: WOH will process a City of Aspen check to be sent to BUA no
later than 10 business days following approval of settlement.
o Payment due from BUA: BUA will pay any amount due to WOH within 30 days
following approval of settlement.
Miscellaneous:
• The intent of this agreement is to co-present as many commercially viable concert acts together.
Notwithstanding the existing co-presentation agreement with Wheeler Associates,the first choice
of WOH for major concert artists is in partnership with BUA.
• BUA acknowledges that WOH partners with other Aspen based presenters on smaller music acts,
theatre,etc including Wheeler Associates,Theatre Aspen,Jazz Aspen Snowroass,Aspen Music
Festival & School, plus others.
• BUA acknowledges that the Wheeler produces the annual Aspen Laugh Festival(February)and
unless co-presenting comedy during the festival with WOH,BUA will make best efforts to not
program comedy for a window of 6 days prior and 5 days following the annual festival. If a large
commercial comedy opportunity presents itself for BUA during this time frame,BUA will make
best efforts to incorporate the BUA programming into the festival,assuming it's allowable by the
artist.
• WOH acknowledges that the use of the Booking Broker company is to assist WOH management
with the securing acts for its diverse program of events,and that the Booking Broker will not be
used to send in offers contrary to the details stated within this MOU.
• BUA and WOH agree to work together in good faith to support the fruitful growth of the Aspen
arts/entertainment market.
• BUA and WOH acknowledge that each entity will program free concerts from time to time,based
on their own business models.
City of Aspen: / Belly Up:
By: �t' �� B : .
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