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06-11 through 14th, 2014 MOU Ride the RockiesH PA of the VALLEY I MEMO OF UNDERSTANDING Between the Town of Avon and Vail Valley Charitable Fund as the Designated Non - Profit Partner This Memo of Understanding ( "MOU ") is entered into on .67- day of*�h&,2014, by and between the Town of Avon ( "TOWN "), an incorporated Town of the State of Colorado, with its principal offices at One Lake Street, Avon, Colorado, 81620, and Vail Valley Charitable Fund, with offices at P.O. Box 2307, Edwards, CO 81637 ("VVCF"). WITNESS: Whereas, TOWN will organize and act as the Event Community Coordinator for the June 11 and June 12, 2014, "Ride The Rockies" ( "RTR ") within Nottingham Park and areas in and around Avon Elementary School; Whereas, VVCF is interested in providing support for the RTR in exchange for certain fund raising opportunities; NOW, THEREFORE, in consideration of the mutual promises herein contained, the adequacy and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: Term - The term of this MOU shall begin on March 17, 2014, and shall continue in full force and effect through June 14, 2014. Vail Valley Charitable Fund Responsibilities - Fully meet the host city requirements for RTR as listed on page 8 of the "RTR Community Manual" (attached) and related to the following: Entertainment Site - VVCF will arrange for alcohol and food to be served and live entertainment, stage, sound and lights to be set up for music within Nottingham Park ( "SITE ") . • The SITE will include a beer garden with RTR beer sponsor Odell Brewing providing kegged beer in conjunction with VVCF securing a license to sell 5% (full strength) beer in a defined perimeter • VVCF will complete and submit a Colorado State alcohol license permit application with the appropriate fees by not later than April 14, 2014 and submit to the Town of Avon Clerk • VVCF will provide an alcohol management plan and retain the insurance per the alcohol license permit application listing the Town of Avon, its officers and its employees as additional insured by not later than April 14, 2014 • VVCF will provide all necessary security personnel for enforcement of the alcohol management plan to include ID verification and wrist - banding for 21 and older attendees. The VVCF will contract with a security company of their choosing and provide the TOWN a copy, by no later than June 1, 2014VVCF will provide all Page 1 of 3 Please acknowledge that each page is satisfactory by initialing: T 0 A NSOR necessary Tips trained personnel /volunteers to serve beer as mandated per Colorado State alcohol license permit to be submitted by April 14, 2014 • VVCF will provide tables and chairs in an amount yet to be defined by RTR for a beer garden area • VVCF will provide the cash bank necessary to sell beer and exchange monies with attendees • VVCF will retain any and all revenues generated by the sale of beer within the defined perimeter /SITE • VVCF will provide live music entertainment on Wednesday, June 11 to include procurement, fulfillment of backline, hospitality, etc. for live music entertainment and cover all costs associated costs with aforementioned • VVCF will provide stage, sound system and lights if necessary and cover all costs associated with aforementioned live entertainment • VVCF will invoice the TOWN by not later than June 15 for $1,500 for live music entertainment 2. Community Meals & Food Tracking Form - VVCF will arrange for food to be sold in the SITE and at the Headquarters Location ( "HQ "). • VVCF will solicit, secure and manage all food vendors for SITE and HQ prior to and during the RTR including providing documentation to the TOWN of all Town, County and State licenses necessary to vend at special events by no later than May 30, 2014 • VVCF will provide meals for lunch service on Wednesday, June 11 for 350 -500 riders at HQ • VVCF will provide meals for dinner service on Wednesday, June 11 for 500 -800 riders the SITE • VVCF will provide meals for breakfast service on Thursday, June 12 for 600 -800 riders at HQ • VVCF will provide all food vendors with the RTR "food tracking form" and instructions for completion • VVCF will collect the completed food tracking form from all food vendors at the end of the RTR and make accessible to RTR and TOWN • VVCF will retain any and all revenues generated by the sale of vendor booth space 3. Consult with Town of Avon Special Events Supervisor (Events Supervisor) with respect to the appropriate use of the Town of Avon logo and brand, including the placement of the Town of Avon logo on marketing and promotional materials associated with the project 4. VVCF 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 VVCF actions or omissions in connection with the conduct of the RTR. VVCF agrees to list the Town of Avon, its officers, agents and employees as additional insured and provide certificate of insurance by not later than June 1, 2014 5. The VVCF representative responsible for the coordination of above outlined items is Executive Director, Michelle Maloney or her designee. Page 2 of 3 j � Please acknowledge that each page is satisfactory by initialing: TOA V 0----SPONSOR Town of Avon Responsibilities 1. The Town Manager has designated the Special Events Supervisor as the responsible representative for the Town of Avon and for overseeing the coordination of the RTR event in Avon. The Event Supervisor should be contacted with any questions and to coordinate the needs of the RTR: Danita Dempsey, Special Event Supervisor, (970) 748- 4032, ddemseyCabavon.orq. 2. TOWN will provide all host city requirements for RTR as outlined in the RTR 2014 Community Manual with the exception of the items listed above 3. One hundred percent (100 %) of the invoice for entertainment will be paid within thirty (30) days after receipt of invoice. Nothing contained in this Letter shall constitute or designate the Vail Valley Charitable Fund or any of its employees as employees of the Town of Avon, and thereby, the Vail Valley Charitable Fund, its subcontractors or any person directly or indirectly employed by it are not entitled to Town of Avon worker's compensation benefits or any benefit contemplated by a Town of Avon employer /employee relationship. The parties agree that the Town of Avon shall not be liable for incidental, indirect or consequential damages and that any liability of the Town of Avon for monetary damages shall be limited to the amount of sponsorship funds received by the Town of Avon. In WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first written above. Town of Avon Virginia Egger, To ger Vail Valley Charitable Fund Michelle Maloney, Executive Director Page 3 of 3 Please acknowledge that each page is satisfactory by initialing Date 41 p Date TOA V SPONSOR