21.07.28 MA Special Event Agreement for Avon Art Festival/\ Av on
COLO!lAOO
2021 TOWN OF AVON SPECIAL EVENT AGREEMENT
FOR THE
AVON ART FESTIVAL
THIS AGREEMENT ("Agreement") is made and entered into on July 28, 2021, by and between
the Tow n of Avon ("Avon"), a Colorado home rule municipality, and Colorado Events
(''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
v a luable consideration, and on behalf of thems elv es, their successors and assigns, the Parties
hereto agree as follows:
RECITALS
WHEREAS, the Producer filed a 2020 Spec ial E ven t Funding A pplication ('2020 Producer
Application"), for producing the Av on Art Festival ("Event"), and the Avon CASE C ommittee
rev iewed the 2020 Producer Application, and recommended dates and/or funding for the Ev ent
to the Av on Town Council; and
WHEREAS, it is the Parties ' intention that this Agreement defines the duties, o blig ations and
conditions with respect to the produc tion of the Event s o that it is conducted in a manner and
direction to be established by both Parties, and so that this Ag reement is c ons istent with and
governed b y the provisions of the Avon Municipal C ode, as may b e applicable.
NOW, THEREFORE, for good and valuable consideration, including the mutual promis es
containe d herein, the sufficiency of which is acknow ledged and accepted b y the Parties, the
P arties agree as follows:
TERMS A N D CONDITIONS:
1. SPECIAL E V ENT PERMIT. Exe cution of this Agreement shall c ons titute is suance of a
Special Event Permit. Avon waives the $100 application fee pursuant to Avon M unicipal
Code Section 9.40.040.
A . The Premis es for the Event as described in Exhibit A : Description of Premises.
B. This Permit grants Pro ducer the right, and imposes the duty, to us e the Premis es as
defined in this A greement for the purpose of producing the Ev ent, as is more
specifically described in Exhibit B: Event Description, subject to compliance with
the terms and conditions of this Ag reement. The dates and hours of use of the
Premis es are described in Exhibit B.
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C. Producer is in receipt of the Producer T oolkit, 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
rev iewed, understand and agrees to abide by all requirements, policies, etc. provided
for in the Producer Toolk it. The Producer Toolkit can be found at
www .avon.org/specialev ents .
D . The Cultural, Arts & Special Events Manager ("Event Manager") for Avon is Danita
Dempsey, who shall be the primary contact for Av on. 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 E v ent 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-Ev ent inspection of the Premises not later than Friday, September 3,
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
Premis es:
(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 Pav ilion, without the prior review and consent of Avon in each instance.
(2) Producer shall, at its own expense, provide and maintain in first-clas s 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
s prinkler systems without prior permiss ion from the Event Manager.
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( 4) Producer s hall not make alterations, additions or improvements on or to the
Pavilion without the prior written consent of Av on, to include, but not limited to
tenting, catering equipment and portable facilities. All such work permitted b y
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
N O THEATRICAL SMOKE, without approval, is blown on the Pavilion and
N O 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 b y Eagle River Fire Protection District.
Cooking of any s ort b y 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 b y these local and State requirements.
(7) Producer agrees to use its best efforts to retain v olunteers and paid staff from
qualified pers ons residing in the Town of Av on or Eagle County.
C. Post-Event Inspection. Producer and the Event Manager s hall jointly perform and
document a post-ev ent inspection of the Premis es not later than Tuesday, September
7, 2021, before the Premises are returned to Av on. Producer shall promptly notify the
Event Manager of any problems or damage that may hav e 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 b y Producer and Producer shall be liable for s uch 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 E v ent. 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, los t 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 neces sary, security for traffic management may be required,
including external support from the Colorado Department of Transportation, Colorado
Highway Patrol and/or Eagle C ounty Sheriff's office. The Event Manager shall rev iew the
contract(s) for s ecurity services (generally within fifteen (15) bus iness days ofreceipt by
Avon) and s hall 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
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services provided by Avon, if applicable. If not provided as an in-kind service, in part or in
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 Ev ent. Contracts for services with the Producer's sanitation and resource recovery
agencies and procedural documents, if any shall be prov ided to the Event Manager forty-
fiv e ( 45) days prior to the first date of the Event. Contract services shall cover refuse
management, recy cling, composting and diversion reporting, portable restrooms, grounds
and Pavilion cleaning and all parking lots included in the defined Premises. The E v ent
Manager shall review the contract<> 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
Ev ent shall provide for on-s ite medical and emergency needs and response requirements of
the Ev ent, 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
Ev ent Manager forty-fiv e (45) days prior to the first date of the Event. On-site medical and
emergency pers onnel must be able to address on-site response for attendees who are
experiencing heat exhaustion, dehydration, sev ere 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 s ervice (generally within fifteen (15) bus iness days of receipt by Avon) and
provide notice to the Producer of any concerns .
6. PARKING. The Producer shall provide parking for the Ev ent in accordance with the table
below. If Producer utilizes a priv ate parking lot to satisfy the required parking, Producer
shall be responsible to pay any fees to such private parking lot owner and shall prov ide a
copy of a licens e 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 Ev ent
Manager shall rev iew the contracts for parking (generally within fifteen (15) business day s
of receipt by Avon) and shall notify the Producer of any concerns.
Attendance
1,500 or few er p ers ons
1,501 -2,000 per sons
2,001 -3,000
3,001 or greater
Parking Space Estimate
18 8
250
375
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 Av on Municipal Code and as outlined in the Outdoor U se of Amplified Sound Systems
section 5 of the Producer's T oolkit. Avon agrees to waive the $25 Application fee
associated with the Amplified Sound Permit. Producer shall abide by the following
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requirements for a mplified s ound:
A. Sound Checks: Sound checks m ay g enerally occ ur within four (4) hours of the start
of the performance .
B . Performance Times: D ates and times of all p e rformances and/or announc ements will
be prov ided to Avon as soon as av ailable and listed on Event webs ite and marketing
collateral as applicable.
C . Sound Volume: Producer ag rees the volume for any sound check and performance
times will be moderated to achieve the sound quality needed for the E v ent and sha ll
be cons iderate o f the surrounding neig hborhoods . The E v ent Manag er has the
authority to require the v olume to be reduced a t any time during the E v ent.
D. Sound Penalty: Producer a cknow ledges and agrees that strict adherenc e to the sound
che ck and performanc e times approved in the Sound Permit are a m a terial term of this
A greement. Produc er s h a ll pay a pena lty of one hundred dollars ($100.00) per minute
for music, public address announceme n ts, sound check, or any other amplified sound
that occurs before or after any time period in which amplified s ound is permitted or
which occ urs after the E v ent Manager h as required the v olume to be reduc ed.
Produc er acknowle dges and agrees t o pay the s ound penalty a s ses sed v ia the rele as e
of the damag e deposit or release of the Events fina l payment in accordance with
Sec tion 12.A.(3), if applic able.
8. VENDOR LICEN SING & SA LES TAXES. Producer shall prov ide a lis t of v endors to
the Ev ent M an a g e r b y not later than thirty (30) business days prior to the first d ay of the
Ev ent; and, shall update the lis t of v e ndors up to the date of the Ev ent a nd s hall follow up
after e ach Ev ent to v e rify w hat v endors were in a ttendance for sales tax purpo ses . The lis t
sha ll include : All vendors, exhibitors , sponsors and non-profits, eng a ged in selling food,
b everage, m erchandise, wares, admissions, et c. during the Event. The vendor list w ill
include: The business n a m es/dba, phy sical address, m ailing a ddres s, phone number, email
addres s, contact, a nd type of a ctiv ity. Produce r shall reg ister for a S ales Tax Licens e w ith
the To wn of Av on; there is no fee ass es s ed for this lic ense. Producer will be required to
collec t and remit sales t a x for a n y vendo r engaged in business at the special ev ent.
9. SPECIAL EVENT LIQUOR PERMIT. Producer sha ll be solely responsible for
identifying a local non-profit to acquire a Special Ev ent Liquo r Permit for the Ev ent and is
asked to consider one or more of the local non-profits as the Liquor Permit applicant.
Applic ation for the Liquor Permit and all insuranc e and indemnification r equirements
pursuant to Avon M unicipal Code 5.08.170 shall be the res ponsibility of Producer and its
non-profit. An overview of proces s and Colorado Spec ial Ev ent Liquor P e rmit Applic ation
can b e found in the Prod ucer T oolk it. Producer s hall submit to the Tow n Clerk a complete
Spe cia l Event Liquor Permit Application including insurance requirements b y not la ter than
5 :0 0 p.m., forty-fiv e (45) da y s prior to the Event date.
10. ADMISSION TICKET FEE. N IA
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A. Producer acknowledges and agrees that the Event is subject to Resolution 15-18
Admission Ticket Fee. Any wristbands lost, stolen or missing as a result of
negligence by Producer s hall be considered as s old for the purposes of computing the
Admission Ticket Fee. The Event Manager and Producer shall meet within ten (10)
days after the Event to calculate the Admission Ticket Fee. Admission Ticket Fee
payment, as required in Resolution 15-18, shall be made no later than thirty (30) days
after the Event.
11. MARKETING.
A . Producer Responsibility. Producer shall implement the Marketing Plan, which was
provided in the 2020 Producer Application and attached to this Agreement as Exhibit
C: Marketing Plan.
(1) Producer shall advertis e 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 fiv e (5) feet at the Ev ent 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 Av on Road roundabouts (up to 8 light poles ) and are based on av ailability.
Producer and Av on 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 v ideo from the 2021 Event for u s e 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)
profess ional quality reproducible photographs and edited video, not to ex ceed
ninety (90) seconds.
(2) Avon shall disseminate Producer-prepared press releases and like and/or share
Facebook and Instagram posting s, as s oon as possible, once received from the
Producer.
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(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 b y Resolution 15-18, Avon
will make available up to three hundred (3 00) additional "Exempt" single-day
admissions (Complimentary Media) to the Producer specifically for, and strictly
limited to, marketing purposes.
12. A VON CASH AND IN-KIND SERVICES.
(1) Pay ment Schedule. N IA
B. In-Kind Support. Av on shall provide in-kind support to Producer as shown in
Exhibit D: Avon In-Kind Support, in an amountnotto ex ceed One Thousand Five
Hundred Dollars ($1,500.00). The Event Manager shall track the in-kind expenses
and notify the Producer at any time the award lev el is being approached.
13. A VON BENEFITS AS A SPONSOR.
A . Complimentary Advert is in g. Producer shall provide a complete lis t of sponsor
benefits a t a level commensurate to other 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, photog raphy or
other media exposure in any of the Event program or other informational materials,
Producer s hall provide Avon all production specifications a nd deadlines a minimum
of s ixty (60) day s in advance of the publication.
B. Complimentary Admissions. N I A
14. SURVEY. Producer shall conduct an on-site intercept s urvey or a post-ev ent survey v ia
email. The survey instrument questions and final report shall be provided to Avon within
thirty (30) days of the las t day of the Event. If A v on includes the Event in either an on-site
intercept survey or a post-ev ent survey v ia email, Producer shall grant a ccess to Avon's
survey firm. Avon shall r etain and have owne rship of the data collected by Avon; a nd, the
survey instrument que stions and final r e port shall b e provided to the Producer within sixty
(60) days of Av on rec eivin g the final report.
15. POST EVENT DEBRIEF. The E v ent Manager and Producer, and res pectiv e key staff
and other Av on repres entatives, shall meet on Tuesday, September 7, 202 1, at 4:00 p.m., in
the A v on 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 One -Thousand Dollars ($1,000.00) payable to the Town of Avon no late r than t en (10)
business days prior to the approve d Event load-in da t e/time. Avon shall r eturn the damage
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depos it within thirty (30) days after the Event, less any repair cos ts , clean-up co sts , or other
cos ts incurred by Avon unle ss Av on determines that funds need to be retained longer to
ev aluate the intended u s es of the funds.
17. AVON TRADEMARKS. The Town of Avon's symbols, logo s, graphics, fonts and
colors, including such marks as sociated with the Event (collectiv ely referred to as
"Marks"), are s et forth in the Brand Guide lines available in the Pro duc er 's Toolkit .
Av on's M arks are and shall remain the s ole and e xclusive property of Avon. Producer
shall not hold itself out as having any owne rship rights with respect to Av on's Marks or,
exc ept as may be s pecifically granted hereunder, any other rig hts herein. Any and all
goodwill as sociated with any such rig hts shall inure directly and exclus ively to the benefit
of Av on. Subject to the terms and conditions of this Agreement, Av on hereby grants to
Producer a non-exclusiv e, non-transferable, rev ocable and limited license to reproduce
Av on's Marks in connection with (1 ) the Events ; and, (2) carrying out any other Producer
obligations under this Agreement. Except as e x pres sly permitted hereunder, Producer
hereby covenants and ag rees that it will make no use of Av on's Marks. Producer shall hav e
no right to sublicense its rights under this license. Producer's use of Av on's Marks sha ll be
strictly subject to the prior written approval of the Ev ent M anager, which approv al may be
granted or withheld in Event Manager's dis cretion. N otwithstanding any prov is ions hereof
to the contrary, prior to the printing o r reproduction of any Av on Marks pursuant to this
Agreement, Producer shall provide Avon with samples of a ll s uch materials for Avon's
rev iew and approv al or disapprov al. Any trademarks, logos or other intellectual property
d eveloped by Avon or b y Producer in connection with Avon's Ev ents s ervices prov ided
hereunder shall be the property of Av on.
18. MORALITY CLAUSE. Producer acknowledges that the Town of Av on's image is o f
immeasurable v alue to the Avon c ommunity. If at any time the Producer, its performers or
artists, or the sub-contractors hired to serve or s upport the event, has an inc ident,
occurrence or public disclos ure 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 dis crimination, sex ual harassment, or alleged felony acts, which Avon
perceives as reflecting negativ ely on Av on's image, then Avon may restrict Producer from
using such performer, artist or sub-contractor, or in the case of a matter involv ing the
Producer, Avon may demand assignment of the Event to another producer or may elect to
deem such occurrence by Producer as a material brea ch of this A greement and may elect to
cancel the Event in accordance with Section 22 E v ent C ancellation afte r prov iding notice
and opportunity for cure.
19. INDEMNIFICATION. Producer ag rees to indemnify the Town of Av on, its officers,
agents and employ ees, and to hold them harmless against any and all claims, actions ,
demands or liabilities, including attorney fees and court costs, for injury , death, damag e or
los s to person(s ) or property arising out of or dire ctly or indirectly resulting from
Producer's actions or omis s ions in connection with the conduct of the Event.
20. INSU RANCE. Produce r shall obtain g e ne ral liability insurance coverage within the
minimum limits set below naming Avon as an additional insured ; and, insuring Avon and
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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 Av on for its review and records. The policy dates shall
include the entire range of dates for which Town of Avon property is us ed. 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:
Attendance Limits Per Aggregate Host Personal & Fire Automobile
Occurrence/ Liquor Adverti sing
Requirements Liabilitv lniurv
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 v ehicles owned or hired by Producer or its officers, agents, or employees that
are used as part of the Event. The insuranc e policy shall prov ide that it is primary
ins urance and that its coverage will apply prior to utilization of Avon's general liability
cov erage. Producer shall prov ide written evidence of all insurance coverage required in
this Section to the Ev ent 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 s ha ll 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 ty pes. 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 a ppropriate certificate of insurance to
Avon upon request.
21. RELEASE OF LIABILITY. Av on assumes no responsibility whatsoever for any non-
municipal property placed in said Premises. Producer hereby expressly release s 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 b y la w , 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
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to the extent any portion is caused in part by a party indemnified hereunder. In the event
the Premises or any part thereof is dama ged 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 ofthis
Agreement by Avon imposs ible, Produc er hereby ex pressly releases and discharges Avon
and its officers , a g ents 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 Ev ent if material terms of
this Agreement are not s ubstantially fulfilled in a timely manner which is foreseen to result in
an ev ent which may compromise public safety or which will negatively impact the reputation
of the Town of Avon, or in the event of an unforeseeable event bey ond the reasonable control
of the Event Manager or Town of Avon, including, without limitation, acts of nature, fire,
ex plosion, lightning, labor dis putes , strikes, acts of terror, epidemics or pandemics, material
shortages or unav ailability, government laws or regulations, or war or civ il disorder (each a
''Force Majeure Event''). Should Av on deem any term or terms of this Agreement unfulfilled
or in m aterial breach, Avon shall giv e 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 Ev ent, if the Producer is not able to cure and Avon elects to terminate the Ev ent,
or ifthe Ev ent Manager or Town of Av on cancels the Event due t o a Force Majeure Event,
then (A) Avon shall remit to Producer all deposits less any Event related expenditure
incurred b y Av on; (B) all funds provided by Avon for the Ev ent shall be returned in full ; and
(C) if Avon has dedicated resources toward production and cancellation in les s than ninety
(90) day s prior to the first day of the Event, Producer shall pay Avon five thous and dollars
($5,000) as liquidated damages within ten (10) days, provided, how ever, that in the case of a
Force Majeure Event, Producer s hall not be required to pay Avon any payment as liquidated
damages; and all such funds shall be prov ided 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 Av on Municipal Code Chapter 3.32 -Interest on Past Due Accounts. Neither
Party shall be liable to t he 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:
Steve Wallis
Colorado Events
2525 Arapahoe Avenue E4-720
Boulder, CO 80302
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720-272-7 467
c oloradoe vents@gmail.com
A von:
Danita Dempsey , C A SE Manag er
P.O . Box 975
100 Mikaela Way
Avon, CO 8162 0
(970) 748-4065
ddempsey@avon.org
COPY TO:
Paul Wisor, Town Attorney
pwisor@ga rfield hecht.com
I N WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and
year first above written.
TOWN OF AVON
B y and Throug h Its C A SE Manag er
Danita D empsey , C ASE Manag er
PRODU CER
By :_~_w_Jla __ _
[signature]
St even W allis
[print]
Director
Title:
Avon Art F estiva l -2021
July 28, 2021
Page 11 of19
Date:
8/19/20 2 1
ADDENDUM A: MUNICIPAL PROVISIONS.
A.1. Addendum A Controls: In the event the t erms 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. N o Waiver of Governmental Immunity: N othing 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
o n behalf of Avon and, in particular, governmental immunity afforded or av ailable
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 a gainst any employee or sub-
contractor for employment because of race, color, religion, sex or national origin.
Producer will take affirmative action to ensure a pplicants 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; lay off or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
A.4. Article X, Section 20ff ABOR: The Parties understand and acknowledge that Avon is
subject to Article X , § 20 of the Colorado Constitution ("T A BOR"). The Parties do not
intend to v iolate 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 Av on 's current fiscal period ending upon the next succeeding
December 31. Financial obligations of Avon payable after the current fisca l 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 Av on, and
other applicable law. Upon the failure to appropriate such funds, this Agreement s hall 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 s ubcontractor does not
knowingly employ or contract with any illegal aliens. B y 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 thee-verify program or department
program in order to confirm the employment eligibility of all employees who are newly
hired for employ ment to perform work under the public contract for services. T he
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July 28, 2021
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Producer is prohibited from using either the e-v erify 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 employ s 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 receiv ing the notice regarding Producer's actual knowledge. Producer
shall not terminate the subcontract if, during such three (3) days , the subcontractor
prov ides 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 prov ided 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
subs equent breach by either Party. Avon's approv al or acceptance of, or payment for,
s ervices shall not be construed to operate as a waiv er of any rights or benefits to be
prov ided 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 Ag reement 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, s ub-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 . V enue 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 dis putes under this
Agreement, the Parties hereby waive any and all right either may hav e 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 , ifthere 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 ev ent of a failure to perform or comply.
A.12. Assignment and Release: All or part of the rig hts , duties, obligations, responsibilities,
or benefits set forth in this Agreement shall not be assigned by Producer without the
expres s written consent of Avon. Any written assignment shall expressly refer to this
Agreement, specify the particular rights, duties, obligations , responsibilities, or benefits
s o 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. Sever ability: Invalidation of any of the prov isions of this Agreement or any paragraph
sentence, clause, phrase, or word herein or the application thereof in any giv en
circumstance shall not affect the validity of any other provis ion of this Agreement.
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EXHIBIT A: DESCRIPTION OF PREMISES
Harry A Nottingham Park:
• Eastern End of Main Athletic Field
• Avon Recreation Center West Parking Lot
• West Benchmark Road
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EXHIBIT B: EVENT DESCRIPTION
The Avon Art Festival is a Labor Day Weekend celebration of fine visual arts and handcrafted
goods in beautiful Avon Colorado. This show features the works of more than 80 juried artists
from across the nation representing a wide range of media.
The Avon Art Festiv al is the place where c reative artisans meet curious and interested shoppers.
Located in the center of the Vail Valley at the bas e of the world class Beaver Creek res ort, Avon
is known as a favorite mountain destination for both locals and tourists . This n ational and
international winter and summer destination offers scenic m o untain views, countless recreational
activities, numerous s hops, restaurants and hotels all within walking distance. This art and craft
fe stival is in downtown Avon in N ottingh am Park. Locate d just minutes from the town ofVai~
Beaver C reek resort, and luxurious Cordillera. This family-friendly ev ent h as free admission and
parking.
1. N ON-EXCLUSIVE U SE: Producer is granted the non-exclusive use of the Premises for
the s ole purposes of:
a. Event set-up on Saturday, September 4, 2021, from 7:00 a.m. to 10:00 a.m.
b. Event break-down and s ite clean-up on Monday, September 6, 2021, from 8:00
p.m. to 11:30 p.m. and Tues d ay, September 7, 2021 , from 7:00 a.m. to 12:00 p.m.
2. EXCLUSIVE U SE: Producer is granted an exclus ive u se of the premises :
a . Saturday, September 4, 2021, and Sunday, September 5, 2021, from 10:00 a.m. to
6:00 p.m.; and, Monday, Septe mber 6, 2 021, from 11:00 a.m. to 8:00 p.m. for the
Event.
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July 28, 2021
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EXHIBIT C: MARKETING PLAN
Avon Art IFestJival on September 4, 5 & 6
-MUl~le· online event calendar l istiings with a paid Featured Event Listing an various online website such il5
Festinalnet, Eventl!ri!E!, CitySparlt, ww .thedenverdRnnel.rom, colorado.mm, and aaftmaster News
-Press relea5es and ·email marleting campaifin to over 150 news outlets and 10,000 recipients
-l.Mi;-e ban.-by the bridi;.e in Avon
-onme sig,n;age =d event b;inn<!r
-Paid display advertising in the vai Daify
Spomcr-ship Benefits:
Inclusion of the Town of Avon logo on all print and onl'ine advertisements md a clictable ~nli: on our website .
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July 28, 2021
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Services
Avon Performance
Pavilion
Power Consultation
Power Assets Installation
& Removal (based on
availability)
Bridge Banner
Placement
Avon Road Light Pole
Banner Placement
(based on availability)
Labor: Public Works
(based on availability)
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July 28, 2021
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EXHIBIT D: IN-KIND SUPPORT
In-Kind Services
Descri1::1tion Estimated In-Cost ExE21anation kind Value
Cleaning of green room (before and Janitorial Services
following event). N/A $50/per hour
Town Electrician to review power Hourly staff rate at needs , identify k:>cation of panels, N/A $75/per hour distribution and output caoacitv.
Buildings staff to install, distribute and Hourly staff rate at
remove all Town owned power assets. $256.00 $32/per hour; 8-
manhours
Public Works staff time for installation Hourly staff rate at 4-
man hours of work $32/ and removal of bridge banner. $128.00 per hour
Public Works staff time for installation Hourly staff rate at 8-
and removal of light pole banners . Up man hours of work
to eight (8 ) total locations. N/A $32Alour
. Personnel to assist with set-up and/or
removal of barricade fenc ing , delivery Hourly staff rate per man of other event assets to include but not
limited to TOA tents, up to 10 portable $1 ,024.0 0 hour of work $32/per
restrooms , two handwashing stations hour; 32-manh ours
and Zero Hero stations.
TOTAL: $1,408
Up To In-Kind Service Total: $1,500.00