21.04.14 MA Colorado Lacrosse I certify that the team, league. or event on whose behalf I am
requesting this certificate mandates 100% membership in US
Lacrosse for all players and coaches. In addition, I have verified our
team's or league's events roster and all players and coaches are
currently registered members of US Lacrosse. I certify that this is true
and I understand that liability coverage is only extended to our team,
league, or event if all players and coaches are current members of
US Lacrosse. Further, I acknowledge by clicking on this box that
liability claims may be denied for coverage if our team/league or
event does not have 100% registered players and coaches with US
Lacrosse.
Name: mark foster
Organization: Colorado Lacrosse, LLC/Vail Lacrosse Tournament
Date: 03/25/2021
,4( -(we, CERTIFICATE OF LIABILITY INSURANCE DATE IMM+DD,YYYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have additional insured provision or be endorsed. If
SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
RPS Bollinger PHONE FAX
F'O Box 1322 IA'C No Extl:800-446-5311 I IC No I:973-921-8474
Morristown, NJ 07980 E-MAIL
PHONE: 1-800-445-5311 FAX:973-921-8474 ADDRESS:
_ INSURERIS)AFFORDING COVERAGE NAIC A
II SURER A:Markel Insurance Company
INSURED N SURER B:
CS Lacrosse.Inc. -N SURER C:
2 Loveton Circle
Sparks,\ID 2 11 52 II SURER D:
•
Re:Colorado Lacrosse,LLC Vail Lacrosse Tournament II SURERE:
N SURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED EELONi HAVE BEEN ISSUED TO THE INSURED NA/:'EC ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED
OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POL ICY EFF POLICY EXP LIMITS
LTR IN SR 1P/VD IMM'DDs'YYYY) IMMIDD(YYYYI
GENERAL LIABILITY x EAc-OCC..ZRE\CE :1,000,000
VVERCIAL GENERAL LIABILITY
- X .'.'.ASE To tE\TE_C
CLAIMS-MADE X OCCUR 8502AH221389 01/01/2021 01/01/2022 =_ ___ _____ 11,000:000
110,000
X Participants Liab :1,000.000
Sexual Abuse&Molestation Liab per occurrence:S1,000.000 -'-':'"A"SAU`:' \_..ZY
EN L AGGREGATE LIMIT APPLIES PE= Sexual Abuse&Molestation A gre;;ate limit:S2,000,000 : -A.,r- AT! ==:�:�
POLICY PRO- LOC =__- CTS-COI.'-C-A__ 12,000:000
JECT 7.
AUTOMOBILE LIABILITY -- _ - - -
ANY AUTO -
ALL OWNED -SCHEDULED =___Y \_..ZY: eracCe-r.: •
AUTOS AUTOS
----c-cTY DA1.'AG_ -
HIRED AUTOS NON-OWNED: =_ ,�Iyr,
AUTOS
UMBRELLA LIAB x OCCUR EA ODD ttE\CE S2,Ca,,C00
X
EXCESS LIAB -AL S_ 4602AH221370 01/01/2021 01/01/2022A,.�t-A 0
TE S2,C ,COO
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WORKERS COMPENSATION Y I1 li ' '_'T--
AND EMPLOYERS'LIABILITY xrs3r�e E. . -
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(Mandatory in NH) _ '
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Accident Medical 4102AH02E220 01/01/2021 01/01/2022 Accident Limit: S100,000
Catastrophic Acc 4102AH30E-882 01/01/2021 01/01/2022 Catastrophic Limit:S1,000,000
CRIPTION OF OPERATIONS;LOCATIONS;VEHICLES!Attach ACORD 101,Additional Remarks Schedule,if more space is required)
rage applies only to teamsleagues comprised of 100%US Lacrosse players And coaches during scheduled& supervised lacrosse
ites.Certificate Holder Is named "Additional Insured "with respect to Colorado Lacrosse,LLC'Vail Lacrosse Tournament.
I
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Town of Avon and its Employees and Officers ACCORDANCE WITH THE POLICY PROVISIONS.
P.O.Box 975
Avon,CO S1620
AUTHORIZED REPRESENTATIVE
®1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(201C'03) The ACORD name and logo are registered marks of ACORD
Avon
COLORADO
2021 TOWN OF AVON SPECIAL EVENT AGREEMENT
FOR THE
VAIL LACROSSE TOURNAMENT
THIS AGREEMENT ("Agreement") is made and entered into on April 14, 2021, by and
between the Town of Avon("Avon"), a Colorado home rule municipality, and Colorado
Lacrosse, LLC ("Producer") (individually referred to as a"Party" and collectively referred to
as the "Parties").
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 Producer filed a 2020 Special Event Funding Application ("2020 Producer
Application"), for producing the Vail Lacrosse Tournament("Event"), and the Avon CASE
Committee reviewed the 2020 Producer Application, and recommended dates and/or funding for
the Event to the Avon Town Council; and
WHEREAS, it is the Parties' intention that this Agreement defines the duties, obligations and
conditions with respect to the production of the Event so that it is conducted in a manner and
direction to be 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.
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. SPECIAL EVENT PERMIT. Execution of this Agreement shall constitute issuance of a
Special Event Permit. Avon waives the $100 application fee pursuant to Avon Municipal
Code Section 9.40.040.
A. The Premises for the Event as described in Exhibit A: Description of Premises.
B. 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 Event, as is more
specifically described in Exhibit B: Event Description, subject to compliance with
the terms and conditions of this Agreement. The dates and hours of use of the
Premises are described in Exhibit B.
Vail Lacrosse Tournament—2021
April 14,2021
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C. Producer is in receipt of the Producer Toolkit, which includes State, County and
Avon policies,procedures, permit applications, requirements and numerous other
resource documents for Producers to assist them when planning and producing an
Event in Avon. By signing this Agreement, Producer acknowledges they have
reviewed, understand and agrees to abide by all requirements,policies, etc. provided
for in the Producer Toolkit. The Producer Toolkit can be found at
www.avon.org/specialevents.
D. The Cultural, Arts & Special Events Manager("Event Manager") for Avon is Danita
Dempsey, who shall be the primary contact for Avon. All references to the Event
Manager in this Agreement may also include the Event Manager's designee(s). The
Event Manager has the authority to reduce any stated minimum timeframe for receipt
of documents or Event plans.
E. Producer may request, as a result of weather,unforeseen circumstances or
catastrophic events, a change to any stated time in this Agreement and/or a change to
the Premises, which request shall be subject to written approval by Event Manager in
Event Manager's sole discretion.
2. PREMISES INSPECTION & USAGE.
A. Pre-Event Inspection. Producer and the Event Manager shall jointly perform and
document a pre-Event inspection of the Premises not later than June 20, 2021 before
the Premises are released to Producer. Producer acknowledges and agrees that Avon
is permitting Producer to use the Premises, in its "as is" condition and the Avon shall
be under no obligation to replace,upgrade or otherwise modify the facilities.
B. Premises Usage. The following guidelines shall be observed for usage of the
Premises:
(1) 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.
(2) 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,promptly 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.
(3) Producer shall not drive locates and/or stakes into the ground along any
pathways, athletic fields,parking lots or grassy areas with underground
sprinkler systems without prior permission from the Event Manager.
(4) Producer shall not make alterations, additions or improvements on or to the
Vail Lacrosse Tournament—2021
April 14,2021
Page 2 of 19
Pavilion without the prior written consent of Avon, to include, but not limited to
tenting, catering equipment and portable facilities. All such work permitted by
Avon shall be performed in a good, safe and workmanlike manner.
(5) 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 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 the restroom).
(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.
(7) Producer agrees to use its best efforts to retain volunteers and paid staff from
qualified persons residing in the Town of Avon or Eagle County.
C. Post-Event Inspection. Producer and the Event Manager shall jointly perform and
document a post-event inspection of the Premises not later than June 24, 2021 before
the Premises are returned to Avon. Producer shall promptly notify the Event Manager
of any problems or damage that may have occurred during the Event during the post-
event inspection. Producer shall be liable for any damage to the Premises and any
adjacent Avon property caused by the installation or removal of any alteration,
addition or improvement. Avon may act 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.
3. SECURITY SERVICES. Producer shall assure the Event will be operated in a safe and
secure manner and provide for all security needs for the Event. Contracts for services with
the Producer's security agency(s) and procedural documents, if any, shall be provided to
the Event Manager forty-five (45) days prior to the first date of the Event. Security
requirements shall meet the audience profile. Security service requirements include,but
are not limited to, security needs for alcohol sales, enforcement of marijuana restrictions,
crowd management including lighting for ingress and egress, lost children protocol, lost
and found protocol, entry gate security checks, trespassing, weather incident, and a
communication protocol for law enforcement and emergency response agencies, including
a chain of command. When necessary, security for traffic management may be required,
including external support from the Colorado Department of Transportation, Colorado
Highway Patrol and/or Eagle County Sheriff's office. The Event Manager shall review the
contract(s) for security services (generally within fifteen(15)business days of receipt by
Avon) and shall provide notice to the Producer of any concerns. Avon, in its sole
discretion, shall determine the number of law enforcement officers Avon will provide for
the Event. Avon law enforcement costs may be included, in part or in whole, in the in-kind
services provided by Avon, if applicable. If not provided as an in-kind service, in part or in
Vail Lacrosse Tournament—2021
April 14,2021
Page 3 of 19
whole, Producer shall be responsible for all costs associated with Avon providing law
enforcement officers for the Event.
4. SANITATION & RESOURCE RECOVERY. Producer shall provide for the sanitation
facilities, resource recovery (composting and recycling), cleanliness and cleaning needs of
the Event. Contracts for services with the Producer's sanitation and resource recovery
agencies and procedural documents, if any shall be provided to the Event Manager forty-
five (45) days prior to the first date of the Event. Contract services shall cover refuse
management, recycling, composting and diversion reporting,portable restrooms, grounds
and Pavilion cleaning and all parking lots included in the defined Premises. The Event
Manager shall review the contracts for service (generally within fifteen (15)business days
of receipt by Avon) and shall notify the Producer of any concerns.
5. MEDICAL AND EMERGENCY RESPONSE SERVICES. Producer shall assure the
Event shall provide for on-site medical and emergency needs and response requirements of
the Event, unless waived by the Event Manager. Contracts for services with the Producer's
emergency response agencies and procedural documents, if any shall be provided to the
Event Manager forty-five (45) days prior to the first date of the Event. On-site medical and
emergency personnel must be able to address on-site response for attendees who are
experiencing heat exhaustion, dehydration, severe intoxication and/or are under the
influence of drugs, are injured on site, safety lighting at paths of ingress and/or egress,
weather incident or any other medical need. The Event Manager shall review the
contract(s) for service (generally within fifteen(15)business days of receipt by Avon) and
provide notice to the Producer of any concerns.
6. PARKING. The Producer shall provide parking for the Event in accordance with the table
below. If Producer utilizes a private parking lot to satisfy the required parking, Producer
shall be responsible to pay any fees to such private parking lot owner and shall provide a
copy of a license agreement or Temporary Use Permit indicating Producer's permission to
use such private parking lot at least forty-five (45) days prior to the Event. The Event
Manager shall review the contracts for parking (generally within fifteen (15)business days
of receipt by Avon) and shall notify the Producer of any concerns.
Attendance Parking Space Estimate
1,500 or fewer persons 188
1,50w -2,000 persons 25o
2,001 -3,000 375
3,001 or greater TBD
7. AMPLIFIED SOUND. Producer acknowledges that sound checks,performances and
announcements may require Avon Town Council approval pursuant to Section 5.24.030 of
the Avon Municipal Code and as outlined in the Outdoor Use of Amplified Sound Systems
section 5 of the Producer's Toolkit. Avon agrees to waive the $25 Application fee
associated with the Amplified Sound Permit. Producer shall abide by the following
requirements for amplified sound:
Vail Lacrosse Tournament—2021
April 14,2021
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A. Sound Checks: Sound checks may generally occur within four(4) hours of the start
of the performance.
B. Performance Times: Dates and times of all performances and/or announcements will
be provided to Avon as soon as available and listed on Event website and marketing
collateral as applicable.
C. Sound Volume: Producer agrees the volume for any sound check and performance
times will be moderated to achieve the sound quality needed for the Event and shall
be considerate of the surrounding neighborhoods. The Event Manager has the
authority to require the volume to be reduced at any time during the Event.
D. Sound Penalty: Producer acknowledges and agrees that strict adherence to the sound
check and performance times approved in the Sound Permit are a material term of this
Agreement. Producer shall pay a penalty of one hundred dollars ($100.00)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 or
which occurs after the Event Manager has required the volume to be reduced.
Producer acknowledges and agrees to pay the sound penalty assessed via the release
of the damage deposit or release of the Events final payment in accordance with
Section 12.A.(3), if applicable.
8. VENDOR LICENSING& SALES TAXES. Producer shall provide a list of vendors to
the Event Manager by not later than thirty(30)business days prior to the first day of the
Event; and, shall update the list of vendors up to the date of the Event and shall follow up
after each Event to verify what vendors were in attendance for sales tax purposes. The list
shall include: All vendors, exhibitors, sponsors and non-profits, engaged in selling food,
beverage, merchandise, wares, admissions, etc. during the Event. The vendor list will
include: The business names/dba,physical address, mailing address, phone number, email
address, contact, and type of activity. Producer shall register for a Sales Tax License with
the Town of Avon.
9. SPECIAL EVENT LIQUOR PERMIT. Producer shall be solely responsible for
identifying a local non-profit to acquire a Special Event Liquor Permit for the Event and is
asked to consider one or more of the local non-profits as the Liquor Permit applicant.
Application for the Liquor Permit and all insurance and indemnification requirements
pursuant to Avon Municipal Code 5.08.170 shall be the responsibility of Producer and its
non-profit. An overview of process and Colorado Special Event Liquor Permit Application
can be found in the Producer Toolkit. Producer shall submit to the Town Clerk a complete
Special Event Liquor Permit Application including insurance requirements by not later than
5:00 p.m., forty-five (45) days prior to the Event date.
10. ADMISSION TICKET FEE. N/A
11. MARKETING.
A. Producer Responsibility. Producer shall implement the Marketing Plan, which was
Vail Lacrosse Tournament—2021
April 14,2021
Page 5 of 19
provided in the 2020 Producer Application and attached to this Agreement as Exhibit
C: Marketing Plan.
(1) Producer shall advertise in all media notification to attendees the alcohol and
recreational marijuana restrictions, resource recovery priorities, parking and
transportation systems, no dogs except registered service dogs on a leash not to
exceed five (5) feet at the Event and all other matters deemed necessary by the
Event Manager for the advanced informational needs of Event attendees.
(2) If Producer desires to produce banners for promotional purposes, Avon shall
provide size requirements, install/remove the banners as part of the in-kind
services in the following locations: Avon Road Bridge Banner(up to 2 banners)
and Avon Road roundabouts (up to 8 light poles) and are based on availability.
Producer and Avon shall mutually agree to the number(up to 8), location and
installation of such banners as well as removal dates. Avon agrees to waive the
$150 banner application fee.
(3) 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 (90) seconds of edited video from the 2021 Event for use by
Avon in any and all Avon marketing and or promotions, which may include,but
is not limited to print, web, social media channels, etc.
B. Avon Responsibility.
(1) Avon will post on its website, content, provided from the Producer, within
fifteen(15)business days after receipt of"posting ready"materials from the
Producer. Content may include a high-resolution Event logo and up to five (5)
professional quality reproducible photographs and edited video, not to exceed
ninety(90) seconds.
(2) Avon shall disseminate Producer-prepared press releases and like and/or share
Facebook and Instagram postings, as soon as possible, once received from the
Producer.
(3) Avon will list the Event on its website on the Special Event landing page and/or
Events at a Glance landing page sixty (60) days after execution of this
Agreement.
(4) In addition to the "Exempt Admissions" authorized by Resolution 15-18, Avon
will make available up to three hundred(300) additional "Exempt" single-day
admissions (Complimentary Media)to the Producer specifically for, and strictly
limited to, marketing purposes.
12. AVON CASH AND IN-KIND SERVICES.
A. Payment Schedule. N/A
Vail Lacrosse Tournament—2021
April 14,2021
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B. In-Kind Support. Avon shall provide in-kind support to Producer as shown in
Exhibit D: Avon In-Kind Support, in an amount not to exceed One Thousand
Seventeen-Hundred Dollars ($1,700.00). The Event Manager shall track the in-kind
expenses and notify the Producer at any time the award level is being approached.
13. AVON BENEFITS AS A SPONSOR.
A. Complimentary Advertising. Producer shall provide a complete list of sponsor
benefits at a level commensurate to other Premium Event sponsors and list of
fulfillment benefits, which Avon shall receive within forty-five (45) days of execution
of this Agreement. Should Avon be entitled to complimentary advertising,
photography or other media exposure in any of the Event program or other
informational materials, Producer shall provide Avon all production specifications
and deadlines a minimum of sixty(60) days in advance of the publication.
B. Complimentary Admissions. N/A
14. SURVEY. Producer shall conduct an on-site intercept survey or a post-event survey via
email. The survey instrument questions and final report shall be provided to Avon within
thirty(30) days of the last day of the Event. 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
survey 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 sixty
(60) days of Avon receiving the final report.
15. POST EVENT DEBRIEF. The Event Manager and Producer, and respective key staff
and other Avon representatives, shall meet on June 24, 2021, at 10:00 am, in the Avon
Town Hall to review the Event. The meeting date may be changed with agreement by the
Parties.
16. DAMAGE DEPOSIT. Producer shall pay a damage deposit or other security instrument
of Two-Hundred Dollars ($200.00)payable to the Town of Avon no later than ten (10)
business days prior to the approved Event load-in date/time. Avon shall return the damage
deposit within thirty (30) days after the Event, less any repair costs, clean-up costs, or other
costs incurred by Avon unless Avon determines that funds need to be retained longer to
evaluate the intended uses of the funds.
17. AVON TRADEMARKS. The Town of Avon's symbols, logos, graphics, fonts and
colors, including such marks associated with the Event(collectively referred to as
"Marks"), are set forth in the Brand Guidelines available in the Producer's Toolkit.
Avon's Marks 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. Subject to the terms and conditions of this Agreement, Avon hereby grants to
Producer a non-exclusive, non-transferable, revocable and limited license to reproduce
Vail Lacrosse Tournament—2021
April 14,2021
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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. Producer's use of Avon's Marks shall be
strictly subject to the prior written approval of the Event Manager, which approval may be
granted or withheld in Event 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. Any trademarks, logos or other intellectual property
developed by Avon or by Producer in connection with Avon's Events services provided
hereunder shall be the property of Avon.
18. MORALITY CLAUSE. Producer acknowledges that the Town of Avon's image is of
immeasurable value to the Avon community. If at any time the Producer, its performers or
artists, or the sub-contractors hired to serve or support the event, has an incident,
occurrence or public disclosure concerning a statement or action that tends to shock, insult
or offend the Avon community or public morals or decency, including but not limited
matters involving discrimination, sexual harassment, or alleged felony acts, which Avon
perceives as reflecting negatively on Avon's image, then Avon may restrict Producer from
using such performer, artist or sub-contractor, or in the case of a matter involving the
Producer, Avon may demand assignment of the Event to another producer or may elect to
deem such occurrence by Producer as a material breach of this Agreement and may elect to
cancel the Event in accordance with Section 22 Event Cancellation after providing notice
and opportunity for cure.
19. INDEMNIFICATION. 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 Event.
20. INSURANCE. Producer shall obtain general liability insurance coverage within the
minimum limits set below naming Avon as an additional insured; and, insuring Avon and
its officers, agents and employees against any and all liability and damages which may
arise, directly or indirectly, from the conduct of the Event. Producer shall provide a
certificate of additional insured to Avon for its review and records. The policy dates shall
include the entire range of dates for which Town of Avon property is used. The minimum
limits and requirements of the coverage for less than 1,000 in attendance shall include:
$1,000,000 per occurrence primary coverage, and $2,000,000 annual aggregate; 30 days'
written notice of cancellation; host and general liquor liability insurance in the same
amounts listed above if applicable; $1,000,000 personal and advertising injury coverage;
and$50,000 fire damage. For attendance greater than 1,000, the requirements are as
follows:
Vail Lacrosse Tournament—2021
April 14,2021
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Attendance Limits Per Aggregate Host Personal& Fire Automobile
Occurrence/ Liquor Advertising
Requirements Liability Injury
1,000-2,000 $1M $3M $1M $1M $50,000 $1M
2,001-3,000 $1M $4M $1M $1M $50,000 $1M
3,0001 $1M $5M $1M $1M $50,000 $1M
Producer shall provide to Avon proof of Comprehensive Automobile Liability insurance
for any motor vehicles owned or hired by Producer or its officers, agents, or employees that
are used as part of the Event. The insurance policy shall provide that it is primary
insurance and that its coverage will apply prior to utilization of Avon's general liability
coverage. Producer shall provide written evidence of all insurance coverage required in
this Section to the Event Manager no later than thirty (30) days prior to the first day of the
Event. All required insurance policies shall be non-cancellable without thirty(30) days
prior written notice to Avon. Producer shall not be relieved of any liability, claims,
demands, or other obligations assumed pursuant to this Section 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. 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.
21. RELEASE OF LIABILITY. Avon assumes no responsibility whatsoever for any non-
municipal property placed in said Premises. Producer hereby expressly releases 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. 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 Event Manager, 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
causes of actions arising from any of the causes aforesaid.
22. EVENT CANCELLATION. The Event Manager may cancel the Event if material terms of
this Agreement are not substantially fulfilled in a timely manner which is foreseen to result in
an event which may compromise public safety or which will negatively impact the reputation
Vail Lacrosse Tournament—2021
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Page 9 of 19
of the Town of Avon, or in the event of an unforeseeable event beyond the reasonable control
of the Event Manager or Town of Avon, including, without limitation, acts of nature, fire,
explosion, lightning, labor disputes, strikes, acts of terror, epidemics or pandemics, material
shortages or unavailability, government laws or regulations, or war or civil disorder(each a
"Force Majeure Event"). Should Avon deem any term or terms of this Agreement unfulfilled
or in material breach, Avon shall give Producer written notice and Producer shall have five
(5)business days (or such longer time as mutually agreed by the Parties)to cure such breach.
Should Producer cure, this Agreement shall continue in full force and effect. If Producer
cancels the Event, if the Producer is not able to cure and Avon elects to terminate the Event,
or if the Event Manager or Town of Avon cancels the Event due to a Force Majeure Event,
then(A) Avon shall remit to Producer all deposits less any Event related expenditure
incurred by Avon; (B) all funds provided by Avon for the Event shall be returned in full; and
(C) if Avon has dedicated resources toward production and cancellation in less than ninety
(90) days prior to the first day of the Event, Producer shall pay Avon five thousand dollars
($5,000) as liquidated damages within ten(10) days, provided, however, that in the case of a
Force Majeure Event, Producer shall not be required to pay Avon any payment as liquidated
damages; and all such funds shall be provided to the other Party within thirty (30) days of the
cancellation. 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. Neither
Party shall be liable to the other for any lost profits, lost revenues, consequential or special
damages as a result of cancellation.
23. MUNICIPAL ADDENDUM. This Agreement is subject to the Municipal Addendum
attached here to as Addendum A and made part of this Agreement, the terms of which shall
apply and supersede any conflicting term in the body of this Agreement.
24. NOTICES. Any notice to either Party under this Agreement shall be in writing and shall
be sent to the addresses designated below. Notices by e-mail shall be deemed received
when acknowledged by the recipient.
Producer:
Mark Foster
3200 E. Harvard Avenue
Denver, VO 80210
303-910-5470
vailcoloradolacrosse@gmail.com
Avon:
Danita Dempsey, CASE Manager
P.O. Box 975
100 Mikaela Way
Avon, CO 81620
(970) 748-4065
ddempsey@avon.org
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COPY TO:
Paul Wisor, Town Attorney
pwisor@garfieldhecht.com
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day
and year first above written.
TOWN OF AVON
By and Through Its CASE Manager
Digitally signed by Danita Dempsey
DN:cn=Danita Dempsey,o=Town of Avon,
Danita Dempsey ou=Culture,Arts&Special Events Manager, 06/05/2021
By: email=ddempsey@avon.org,c=US Date:
Dame.2u21.06.05 14.i 2.03-06.u0'
Danita Dempsey, CASE Manager
PRODUCER
By: 71/1 Date: 05/10/2021
[signature]
Name: Mark Foster
[print]
Title: Event Director, Vail Lacrosse Tournament
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ADDENDUM A: MUNICIPAL PROVISIONS.
Al. Addendum A Controls: In the event the terms and conditions of this Addendum A
conflict in whole or in part with the terms and conditions of the Agreement, the terms and
conditions of this Addendum A shall control.
A.2. 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 Avon, its officials, employees, contractors, or agents, or any other person acting
on behalf of Avon and, in particular, governmental immunity afforded or available
pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the
Colorado Revised Statutes.
A.3. Affirmative Action: Producer will not discriminate against any employee or sub-
contractor for employment because of race, color, religion, sex or national origin.
Producer 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.
A.4. Article X, Section 20/TABOR: The Parties understand and acknowledge that 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
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 Avon 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.
A.5. 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 contractor 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
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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, Producer shall be required to notify the subcontractor and Avon
within three (3) days that Producer has actual knowledge that a subcontractor is
employing or contracting with an illegal alien. 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. Producer
shall not terminate the subcontract if, during such three (3) days, the subcontractor
provides information to establish that the subcontractor has not knowingly employed or
contracted with an illegal alien. 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 compliance with this provision and applicable state
law. If Producer violates this provision, Avon may terminate this Agreement, and
Producer may be liable for actual and/or consequential damages incurred by Avon,
notwithstanding any limitation on such damages provided by such Agreement.
A.6. No Waiver of Rights: A waiver by any Party to this Agreement of the breach of any
term or provision of this Agreement shall not operate or be construed as a waiver of any
subsequent breach by either Party. Avon's approval or acceptance of, or payment for,
services shall not be construed to operate as a waiver of any rights or benefits to be
provided under this Agreement. No covenant or term of this Agreement shall be deemed
to be waived by Avon except in writing.
A.7. Binding Effect: The Parties agree that this Agreement, by its terms, shall be binding
upon the successors, heirs, legal representatives, and assigns.
A.8. Limitation of Damages: The Parties agree that Producer's remedies for any claims
asserted against Avon shall be limited to proven direct damages in an amount to exceed
amounts 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.
A.9. 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.
A.10. 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
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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. Other than this
Addendum A, which shall trump all other documents, if there is any conflict between the
language of this Agreement and any exhibit or attachment, the language of this
Agreement shall govern.
A.11. 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.
A.12. 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 Producer from performance of any duty, obligation, or responsibility unless
such release is clearly expressed in such written document of assignment.
A.13. 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.
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EXHIBIT A: DESCRIPTION OF PREMISES
Harry A. Nottingham Park: Upper and Lower Athletic Fields
Old Town Hall West parking lot
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EXHIBIT B: EVENT DESCRIPTION
Known as the highest altitude tournament in the country, the Vail Lacrosse Tournament is a
family-friendly competition, drawing nearly 2,000 players and 3,000 spectators to the Vail
Valley! The Vail Lacrosse Tournament laid down its roots in Vail in 1995,just as Lacrosse was
picking up name recognition and momentum nationally. One of the few high-altitude
tournaments of its kind, the event draws participants from around the country to compete while
taking in the gorgeous Vail landscape and all the activities the area has to offer.
1. NON-EXCLUSIVE USE: Producer is granted the non-exclusive use of the Premises for
the sole purposes of:
a. Event set-up on June 20, 2021, from 4:00 p.m. to 8:00 p.m..; and
b. Event break-down and site clean-up on June 23, 2021, from 1:00 p.m. to 1:30
p.m.
2. EXCLUSIVE USE: Producer is granted an exclusive use of the premises:
a. June 21 and June 22, 2021, from 8:00 a.m. to 6:00 p.m.; and, June 23, 2021, from
8:00 a.m. to 1:00 p.m. for the Event.
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EXHIBIT C: MARKETING PLAN
PROVIDED IN THE 2020 SPECIAL EVENT FUNDING APPLICATION
8)MARKETING&SPONSORSHIPS:
a.Please provide a detailed description ofthe event marketing plan and indicate how the
budget will support the plan,include strategy and execution details.
Vail Lacrosse Tournament uses multiple media platforms to showcase our sponsors:
Faceboolc,Instagram,Newsletters,Twitter,and our tournament web page.Please
reference the attachments concerning our marketing strategy and geographic reach
i Please explain the potential for sponsorships and media exposure.
Sponsors can reach over 10,000 followers through our social media platforms.All our
sponsors are also encouraged to be on site during the tournament at no additional cost.
SEE ATTACHED: VLD WHOLE DECK 2021
1. Avon to receive exposure commiserate with the Premium Sponsor level:
a. Logo on Tournament website.
b. Logo on Tournament newsletters.
c. Two mentions on social media channels.
d. On-site banner displayed at player field.
e. On site product sampling.
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EXHIBIT D: IN-KIND SUPPORT
In-Kmd Services
Services Description Estimated In- Cost Explanation
kind Value
Avon Performance Cleaning of green room(before and Janitorial Services
Pavilion following event). N/A $50/per hour
Town Electrician to review power
Power Consultation needs,identify location ofpanels, N/A Hourly staffrate at
distribution and output capacity. $75/per hour
Power Assets Installation Buildings staff to install,distribute and Hourly staffrate at
&Removal(based on N/A
remove all Town owned power assets. $32/per hour
availability)
Bridge Banner Public Works stafftime for installation Hourly staffrate at 4-
Placement and removal of bridge banner. N/A man hours of work$32/
per hour
Avon Road Light Pole Public Works stafftime for installation Hourly staffrate at 8-
Banner Placement and removal oflight pole banners. Up man hours ofwark
(based on availability) to eight(8)total locations. N/A $32/hour
Personnel to strip upper and lower
athletic fields;and provide field touch
Labor Public Works up.[ livery of event assets to include Hourly staffrate per man
(based on availability) but not limited to 4 portable restrooms, $640 hour of work$32/per
one handwashing station,Zero Hero hour,20 man-hours
tents,collapsible bins and event
signage.
Field rental fee 8-hours
Rental Fee is $20 per hour. per day for three days
Fields:Upper and Lower Striping Fee is$50 per field $1,060 for two fields;48 total
hours=$960;+$100 for
striping
TOTAL: $1,700
In-Kmd Service Total:
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