Loading...
06-23-2017 Special Event Agreement Cover Rock Music FestivalA Avon COLORADO 2017 TOWN OF AVON SPECIAL EVENT AGREEMENT FOR THE COVER ROCK MUSIC FESTIVAL THIS AGREEMENT ( "Agreement') is made and entered into on December 30, 2o16, by and between the Town of Avon ( "AVON "), a home rule municipality of the State of Colorado, with its principal offices at One Lake Street, Avon, Colorado, 8162o and True Local Events, LLC ( "PRODUCER "), a Colorado Limited Liability Company, with its principal offices at 275 Main Street Garnet, U201 Edwards, Colorado, 81632. 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 Special Event Application, which was reviewed by the Avon Town Council at its November 15, 2016, meeting, and the Town Council approved dates for the Cover Rock Music Festival ( "EVENT") on June 23 — 25, 2017, and granted cash funding and in -kind services as an investment in the second year of the EVENT; and WHEREAS, it is the parties' intention that this Agreement define 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; and, WHEREAS, the parties recognize the mutual benefits of PRODUCER producing and AVON hosting the EVENT; and, WHEREAS, the parties desire to set forth the terms and conditions of a Special Event Permit to use Town property as defined below in paragraph 1 as the PREMISES. 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: 2017 TOWN OF AVON SPECIAL EVENT AGREEMENT Page i Of 21 TERMS AND CONDITIONS t. SPECIAL EVENT PERMIT Execution of this Agreement shall constitute issuance of a Special Event Permit. AVON waives the $too application fee pursuant to Avon Municipal Code Section 9.40. 1.1. 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, subject to compliance with the terms and conditions of this Agreement, and includes all requirements for producing the EVENT. 1.2. A Producer Toolkit has been prepared, which includes numerous resource documents for AVON producers to assist them when planning and producing an EVENT on Town -owned properties. The Producer Toolkit can be found at www.avon.org/specialevents. 1.3. All references to the Town Manager in this Agreement may also include the Town Manager's designee(s). 2. PREMISES The PREMISES are defined as a portion of Harry A. Nottingham Park (as depicted on Attachment A), including the Pavilion (stage deck, event terrace, viewing plaza, green room, scissor lift room, basement), all paths of access leading to and from the Pavilion, the Park Log Cabin and Playground, and the Avon Town Hall first floor Council Chambers and restrooms, but not including the Avon Recreation Center, Picnic Shelter, Lower Athletic Field, Nottingham LakeJBeach, Basketball Courts, Sand Volleyball Courts, Tennis or Pickleball Courts. 3. DATES AND HOURS OF USE 3.1 NON - EXCLUSIVE USE PRODUCER is granted the non - exclusive use of the PREMISES on for the sole purposes of: t) EVENT set -up on June 21 and 22, 2017, from 9:oo a.m. to 8:oo p.m.; and EVENT break -down and site clean -up on June 25, 2017, from 7:oo a.m. to 5:00 p.m. 3.2 EXCLUSIVE USE PRODUCER is granted an exclusive use of the PREMISES on June 23 — 24, 2017, from 7:oo a.m. to 12:00 a.m. for the EVENT. 3.3 CHANGE OF DATES AND HOURS OF USE PRODUCER may request, as a result of weather or catastrophic events, an extension or delay of the aforementioned timelines, after which AVON may approve the request in writing. Approval of the request from PRODUCER for an extension or delay of the agreed upon timelines will not be unduly withheld by AVON. 2017 TOWN OF AVON SPECIAL EVENT AGREEMENT Page 2 of 21 4. PERFORMANCE HOURS 4.1 SOUND CHECKS 4.1.1. PRODUCER may allow each performer up to a three -song sound check lasting no more than twenty (20) consecutive minutes. PRODUCER agrees that each performer's sound check includes front of house and individual artist checks and that 20 minutes is a satisfactory amount time. 4.1.2. Sound checks only may take place on June 23 - 24, 2017, between the hours of 9:00 a.m. and 2:00 P.M. 4.13• PRODUCER agrees the volume for any sound check will be moderated to achieve the sound check quality and shall be considerate of the surrounding neighborhoods. 4.1.4• PRODUCER may request, as a result of weather or catastrophic events, an extension or delay of the aforementioned timelines, after which AVON may approve the request in writing. Approval of the request from PRODUCER for an extension or delay of the agreed upon timelines will not be unduly withheld by AVON. 4.2 PERFORMANCE TIMES 4.2.1 PRODUCER may stage performances on the Pavilion, within the PREMISES on June 23 - 24, 2017, from 9:oo a.m. to until 1o:oo p.m., subject to the Town Manager's approval of an Application for Outdoor Use of Amplified Sound System (Application), pursuant to Avon Municipal Code 5.24, being submitted by not later than 5:00 p.m. sixty (6o) days prior to the first day of the EVENT. 4.2.2 If the PRODUCER would like to extend the hours of performance times to be later than 1o:oo p.m. on Friday and /or Saturday, the submitted Application shall be subject to review and action by the AVON Town Council after conducting a public hearing. AVON agrees to waive the $25 Sound Permit Application Fee. 4.3 SOUND PENALTY 4.3.1• PRODUCER acknowledges and agrees that strict adherence to the sound check and performance times are a material term of this Agreement. PRODUCER shall pay a penalty of one hundred dollars ($1oo.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. 4.3.2.PRODUCER RESPONSIBILITIES PRODUCER acknowledges and agrees to pay the sound penalty assessed if an infraction occurs, as described in Section 4.3.1, by not later than 5:00 p.m., thirty (3o) days after the last day of the EVENT. 2017 TOWN OF AVON SPECIAL EVENT AGREEMENT Page 3 of 21 5. MAXIMUM ATTENDANCE 5.1 PAID ADMISSIONS PRODUCER agrees the daily number of admissions shall not exceed 2,500 on any day of the EVENT. This includes children age 13 and older. Paid Admissions include all General Admissions and VIP Admissions. 5.2 COMPLIMENTARY ADMISSIONS 5.2.1 PRODUCER shall provide complimentary admission for the following types of attendees: 5.2.1.1 Children age twelve and under 5.2.1.2 EVENT staff, crew, performers, artists, vendors and volunteers 5.2.1.3 EVENT media contracted with by the PRODUCER; see "Exempt Admission" in Section 6.1 5.2.1.4 AVON staff providing services, in -kind and/or paid, as approved by the Avon Town Manager 5.2.1.5 VIP Full Pass Admission for the Avon Town Council and Town Attorney, plus one guest for each of the aforementioned for total of sixteen (16) 5.2.1.6 VIP All Access Pass Admission and credential (if applicable) for the Avon Town Manager, Director of Festivals & Special Events and Town Engineer 5.3 SERVICES TO MEET ADMISSIONS 53.1• PRODUCER shall provide those services described in Sections 7 through 14 below for each day's total admissions. Should PRODUCER, at any time, estimate that greater than the total daily admissions are likely, AVON shall be promptly noticed, and PRODUCER will be responsible to meet any new service demands prior to the start of the EVENT. 5.3.2• PRODUCER agrees to make every effort to retain volunteers and paid staff from qualified persons residing in the Town of Avon or Eagle County. 5.4 ADMISSION WRISTBANDS PRODUCER agrees that all admissions shall require a wristband, in order to: 1) Plan for attendee service needs; 2) Document the number of persons in the PREMISES on any given day; and, 3) Provide the necessary information to calculate the Town of Avon Admission Ticket Fee (see Section 6). 2017 TOWN OF AVON SPECIAL EVENT AGREEMENT Page 4 of 21 5.4.1 PRODUCER RESPONSIBILITIES: WRISTBAND INFORMATION By not later than 5:00 p.m., thirty (3o) days prior to the EVENT the following information shall be provided: 5.4.1.1 The wristband color, graphic and script, which will be provided to the various types of admissions, and number ordered per type. For example, the types of admissions requiring a distinct wristband include, may include, but are not limited to: • Single -day General Paid Admissions • Multi -day General Paid Admissions • Single -day VIP Paid Admissions • Multi -day VIP Paid Admissions • Single -day Complimentary VIP • Multi -day VIP Complimentary Admissions • Single -day Complimentary Admissions including, staff, crew, vendors performer, artist, volunteer, AVON crew Multi -day Complimentary Admissions, including staff, crew, vendors, performers, artists, volunteer, AVON crew • Complimentary Media 5.4.1.2 A distinct wristband design and number ordered for those admissions that are 21 years of age or older for the sole purpose of identifying those Individuals who are eligible to purchase alcohol within the PREMISES. 5.4.1.3 Purchase manifest(s) detailing the PRODUCER'S wristband order. 54.1.4 Description of the admission accounting system procedure to ensure that wristbands are distributed and accounted for strictly by type, to ensure that wristbands are not intermixed among admission types and to determine the Town of Avon Admission Ticket Fee (see Section 6). 5.41.5 A copy of the executed third party agreement(s) with the ticket sales vendor andjor organization, which will be selling tickets and providing the accounting of all wristbands distributed. 5.4.2 AVON RESPONSIBILITIES: APPROVAL OF WRISTBAND DESIGNS 5.4.2.1 Within five (5) business days of receipt of the PRODUCER information required in Section 5.4.1, the Town Manager shall approve the information or state any modifications that need to be made. 5.4.2.2 PRODUCER and AVON agree to work in an expeditious manner to finalize the wristband requirements, if modifications are required. 5.4.3 ADMISSION ACCOUNTING PROCESS 5.4.3.1 PRODUCER REPORTING: ADMISSION REPORT #1 2017 TOWN OF AVON SPECIAL EVENT AGREEMENT Page 5 of 21 PRODUCER shall provide to the Town Manager an accounting of all Paid and Complimentary Admissions ten (1o) business days prior to the EVENT. 54.3.2 PRODUCER REPORTING: ADMISSION REPORT #2 PRODUCER shall provide to the Town Manager an accounting of all Paid and Complimentary Admissions; and, lost, broken and unused wristbands five (5) business days after the EVENT. 5.4.3.3 AVON RESPONSIBILITIES: AVON retains the right to review the admission reports, including access to the third party vendor(s), who sold and produced the EVENT wristbands and /or who sold the tickets for admission to all EVENT attendees or distributed complimentary admissions, to answer questions and /or to audit the reports. 6. ADMISSION TICKET FEE PRODUCER acknowledges and agrees that the EVENT is subject to Resolution 15 -o8 - Avon Admission Ticket Fee. Resolution 15 -08 is provided as Attachment B. 6.1 In addition to the "Exempt Admissions" authorized by Resolution i5 -o8, up to three hundred (3oo) additional "Exempt" single -day admissions (Complimentary Media) may be used by the PRODUCER specifically for marketing purposes. 6.2 Any wristbands lost, stolen or missing as a result of negligence by PRODUCER shall be considered as sold for the purposes of computing the Admission Ticket Fee. 6.3 The Avon Town Manager and the PRODUCER shall meet five (5) days after the EVENT to calculate the Admission Ticket Fee, from the Admission Report #z. Lost, broken and /or unused wristbands should be presented to the Town Manager at that time for accounting purposes. 6.4 Payment, as required in Resolution 15.08, shall be made not later than thirty (3o) days after the EVENT. 7. PREMISES SET -UP & TEAR DOWN PLAN 7.1 PRODUCER RESPONSIBILITIES PRODUCER shall provide a PREMISES set -up and tear down plan to the Town Manager by 5:00 p.m., not later than thirty (3o) business days prior to the first day of the EVENT. The plan shall include: 7.1.1 A schedule (dates and times) for installation /removal of all proposed structures; 7.1.2 A detailed map of all proposed structures including but not limited to gates (entrance/exit and emergency blow -out), fences, tents, portable facilities, stage and 2017 TOWN OF AVON SPECIAL EVENT AGREEMENT Page 6 of 21 lightingisound systems, ADA areas, addition of a plywood road for heavy trucks, vendor spaces, adequately sized boneyard (i.e. storage and staging area), crowd management areas and designated smoking area; and 7.1.3 Detail to ensure that the PREMISES are protected from damage through fencing, crowd management measures, signage, and plywood for heavy trucks, sufficient and properly placed staffing, pre -load communication to vendors and/or sub - contractors or other sufficient means. 7.2 AVON RESPONSIBILITIES AVON shall review the set -up and tear down plan within five (5) business days of receipt and notice the PRODUCER of any concerns that may need to be addressed. 8. VENDOR LICENSING 8.1 PRODUCER RESPONSIBILITIES 8.1.1 PRODUCER shall provide a list of vendors to the Town Manager by not later fifteen (15) business days prior to the first day of the EVENT. The list shall include: All vendors, sponsors, non - profits, engaged in selling food, beverage, merchandise, wares, admissions, etc. during the EVENT and will include: The business names /dba, physical address, mailing address, phone number, email address, contact, and type of activity. 8.1.2 PRODUCER shall register for a Sales Tax License with the Town of Avon; there is not a fee assessed for this license. 8.1.2.1 The Sales Tax License can be found at vvww.avon.ore, "On -Line Payments" button, located at the bottom of the screen. 8.1.2.2 Instructions: Go to www.avon.org and click on the "Online Payments" button located at the bottom of the home page. 8.1.2.3 PRODUCERS who have not been on MuniRevs before will need to register by clicking "New User" to apply for an account; then follow the online steps provided. If a vendor needs assistance they should contact support@munirevs.com or call 888 - 751-1911. 8.1.2.4 PRODUCERS that are currently registered, will access by clicking "Existing Users "; they will login to their account and access "Manage Your Business" to register for a Sales Tax License. If a PRODUCER needs assistance, they should contact support@munirevs.com or call 888 - 751-1911. 8.1.3 The PRODUCER shall collect and remit sales tax for any vendor engaged in selling at the EVENT. 2017 TOWN OF AVON SPECIAL EVENT AGREEMENT Page 7 of 21 8.1.4 PRODUCER acknowledges and shall abide by AVON's Prohibition of Marijuana Businesses at Town Owned Venues for Town of Avon Permitted or Sponsored Festivals and Special Events, which can be found in the Producer Toolkit. 8.2 AVON RESPONSIBILITIES AVON contracts with MUNIRevs for management of the Town's sales tax licensing and collection needs. AVON shall ensure all information is up -to -date on the Town's website portal and MUNIRevs shall assist PRODUCER's new to the process, as needed. 9. UQUOR LICENSE 9.1 PRODUCER RESPONSIBILITIES PRODUCER shall be solely responsible for identifying a local nonprofit to acquire a liquor license for the EVENT. AVON encourages PRODUCER to consider one or more of the local non - profits as the liquor license applicant. 9.1.1 Application for the license and all insurance and indemnification requirements pursuant to AVON Municipal Code 5.o8.170 shall be the responsibility of PRODUCER and its nonprofit. The requirements can be found in the Producer Toolkit. 9.1.2 PRODUCER shall submit to the Town Clerk a Special Event Liquor Application by not later than 5:00 p.m., sixty (6o) days prior to the EVENT date. 9.2 AVON RESPONSIBILITIES AVON shall provide to PRODUCER a list of local non - profits, which positively benefit the lives of local residents and /or the larger community of AVON; which can be found in the Producer Toolkit. 10. MARKETING 1oa. PRODUCER RESPONSIBILITIES 1o.m. PRODUCER shall implement the Marketing Plan, which was provided in the Special Event Application, which is on file at the Town by not later than ten (1o) business days after Agreement execution by both parties. In addition, the 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 Town Manager for the advanced informational needs of EVENT attendees. to.1.2. If PRODUCER produces banners for promotional purposes, AVON shall install /remove the banners as part of the in -kind services in the following locations: Avon Road Bridge Banner (up to z banners) and Avon Road Round -a -bouts (up to 12 banners) and are based on availability. PRODUCER and AVON may mutually agree to the 2017 TOWN OF AVON SPECIAL EVENT AGREEMENT Page 8 of 21 number, location and installation and removal of additional banners. AVON agrees to waive the $too temporary sign application fee. 10.1.3. The PRODUCER may provide EVENT content, including but not limited to a high resolution EVENT logo and up to five (5) professional quality reproducible photographs and edited video, not to exceed ninety (go) seconds from the 2o16 EVENT and /or for the upcoming EVENT for AVON's use. 10.2.AVON RESPONSIBILITIES 10.2.1. AVON shall post on its website EVENT information within five (5) business days after receipt of "posting ready" materials from the PRODUCER. 10.2.2. AVON shall post the EVENT in its "all 2o17 events" website marketing. 10.2.3. AVON shall disseminate EVENT related media releases and information about the EVENT in an appropriate and timely manner. 10.2.4. AVON shall install and /or remove promotional on banners as outlined in Section 10.1.2 within five (5) business days of receipt of the banners; and, remove the banners within five (5) business days after the first Monday after the last day of the EVENT. 11. PARKING & TRANSPORTATION PLAN 11.1 PRODUCER RESPONSIBILITIES 11.1.1 PRODUCER shall provide to AVON the number of parking spaces demanded per day for EVENT attendee parking, assuming 2.5 people per car, taking into considering the anticipated percentage of attendees parking at lodging accommodations and using the calculation provided below. The parking space demand shall be provided to the Town Manager not later than sixty (6o) business days prior to the first day of the EVENT. o - 250 Parking Spaces Accommodating up to 625 people 251 - 500 Parking Spaces Accommodating up to 1,250 people 501 -1,000 Parking Spaces Accommodating up to 2,500 people 1,001- 2,000 Parking Spaces Accommodating up to 5,000 people 11.1.2 Once parking lots are secured, as described in Section 11.2, PRODUCER will be responsible for staffing, lighting, signage and sanitation of all parking lots utilized for the EVENT, if needed. PRODUCER may request that one or more of these responsibilities be provided as part of the Town of Avon in -kind award. 2017 TOWN Of AVON SPECIAL EVENT AGREEMENT Page 9 of 21 11.1.3 Should a private parking lot owner or manager require payment for use of a lot, the PRODUCER shall negotiate with parking lot owner the fee and pay the amount required not less than fifteen (15) business days before the first day of the EVENT. The Town Manager may serve as a facilitator during the fee negotiation or negotiate the fee, when requested, on behalf of the PRODUCER. 11.1.4 Provide certificates of additional insured to any and all private parking lot owners for parking purposes by not later than ten (1o) business days prior to the first day of the EVENT. 11.1.5 Provide any out -of -town bus services needed for the EVENT. 11.1.6 Provide on the EVENT website, in all social media and in all marketing information on where to park and how to access bus service. PRODUCER agrees to encourage attendees, staff, volunteers, etc. to take public transportation, ride a bike or walk through all media platforms utilized for event promotions and marketing; and, include in messaging that overnight parking is not allowed in any Town owned or private parking lots. 11.2 AVON RESPONSIBILITIES Within five (5) business days of receiving from the PRODUCER, the parking space demand projection, AVON will determine which Town owned and private parking lots are required to accommodate the needs of the EVENT, using the calculation provided in Section 11.1.1. 11.2.1 AVON shall secure public, and to the greatest extent feasible, private parking lots for the PRODUCER, as needed, to fulfill the parking requirements. 11.2.z AVON will make every attempt to provide volunteer staffing to the parking lots, as needed to reduce the PRODUCERS need to provide for paid staffing at the parking lots. 11.2.3 AVON shall provide to the PRODUCER copies of any and all license agreements and/or other documentation securing use of privately owned parking lots for the EVENT by not later than 5:00 p.m., ninety (go) days prior to the first day of the EVENT. 11.24 AVON shall provide and implement a plan for all in -town bus service to and from parking lots to include hours of service and estimated frequency of trips, if needed, by not later than 5:00 p.m., sixty (6o) days prior to the EVENT. 11.2.5 AVON shall provide and implement a directional signage plan assisting EVENT attendees who arrive by vehicle how to get to /from parking lots and how to walk or ride a bike from the parking lot location; by not later than sixty (60) days prior to the EVENT. 2017 TOWN OF AVON SPECIAL EVENT AGREEMENT Page 10 of 21 11.2.5.1 The plan shall include dates and times for AVON staff and /or volunteers to install/remove vehicular and /or pedestrian directional signage, types of signage used, quantity and location; and shall include identification for taxi pick -up and drop -off locations. 11.2.5.2 Up to four (4) variable message boards (VMS) will be used for vehicular traffic direction. 11.2.5.3 The types and quantities of pedestrian signage available are provided in the Producer Toolkit. 12. SECURITY 12.1 PRODUCER RESPONSIBILITIES 12.1.1 PRODUCER shall assure the EVENT will be operated in a safe secure manner and provide to the Town Manager a plan which details the security and law enforcement needs for the EVENT by not later than 5:00 p.m., sixty (6o) days prior to the EVENT. The plan shall include, but not be limited to, audience profile, security needs for alcohol sales, enforcement of marijuana restrictions, crowd management, lost children protocol, lost and found protocol, entry gate security checks, communication plan for law enforcement and emergency response agencies, chain of command, and external support from AVON and /or Eagle County Sheriff's office. Contracts for services with security agencies shall be presented or a date to have such contracts shall be provided. 12.1.2 PRODUCER shall ensure there is lighting on the perimeter fence, along the recreational path to backstage, behind concessions, to vendor /sponsor/VIP tents, portable restrooms, public pathways to /from parking lots, parking lots and to the Box Office. 12.1.3 PRODUCER shall provide all security, as approved by the Town Manager, for the EVENT, including requirements for communication radios for AVON staff and PRODUCER security personnel to be identified by shirts or hats, if needed, to fully implement the security needs of the EVENT. 12.1.4 Pre -EVENT and on-site PREMISE information shall sufficiently and frequently communicate to attendees through all media outlets, signage to be placed at EVENT entrance /exit, Avon Transportation Center, pedestrians paths of ingress /egress, EVENT general public parking and by working with restaurants /bars to ensure signage and enforcement; the following, that: (1) no open containers are allowed within Avon; (2) there is no vending without a Town license; (3) there is no parking on private property without permission of the property owner, (4) no loitering; (5) it is illegal to smoke marijuana out -of -doors in the Town of Avon, including the PREMISES; and, (6) all parking and transportation information. 2017 TOWN OF AVON SPECIAL EVENT AGREEMENT Page i i & 21 12.2AVON RESPONSIBILITIES Based upon the plan provided in Section 12.1.1, the Town Manager shall determine in his/her sole discretion the number of law enforcement officers AVON shall provide for the EVENT. The number of officers shall be provided to the PRODUCER within fifteen (15) business days of receiving the plan and shall be included on part or in whole, in the in -kind services provided by AVON, if applicable. 13. MEDICAL AND EMERGENCY RESPONSE 13.1 PRODUCER RESPONSIBILITIES 13.1.1. PRODUCER shall assure the EVENT will be operated in a safe secure manner and shall provide to the Town Manager a plan which details the medical response and emergency response agencies and protocols for the EVENT by not later than sixty (6o) days prior to the EVENT. The plan shall include a management protocol for people who are experiencing heat exhaustion, dehydration, severely intoxicated or under the influence of illegal drugs and not able to walk to public transportation or parking lots. 13.1.2. 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 restroom). 13.1.3. Contracts for services with emergency response agencies shall be provided sixty (6o) days prior to the EVENT 13.2 AVON RESPONSIBILITIES AVON shall review the contracts for service within fifteen (15) business days of receipt and notice the PRODUCER of any concerns, which may need to be addressed. 14. SANITATION & RESOURCE RECOVERY 14.1 PRODUCER RESPONSIBILITIES PRODUCER shall provide to the Town Manager the contracts for services for refuse management, recycling, composting, cleaning and portable restrooms to ensure the PREMISES is left clean, free from debris and orderly manner by not later than 5:00 p.m., sixty (6o) days prior to the EVENT. 14.2AVON RESPONSIBILITIES Provide a list of recommended asset quantities for various attendee estimates, which can be found in the Producer Toolkit. 2017 TOWN OF AVON SPECIAL EVENT AGREEMENT Page 12 of 21 AVON shall review the contracts for service within fifteen (15) business days of receipt and notice the PRODUCER of any concerns that may need to be addressed. 15. PAVILION USAGE & PREMISES INSPECTION 15.1 PRODUCER RESPONSIBILITIES 15.1.1 PRODUCER and AVON shall jointly perform and document a pre -EVENT inspection of the PREMISES not later than June 21, 2017 at 12:00 p.m. and post -EVENT inspection of the PREMISES not later than June 26, 2017 at 5:00 p.rm. before the PREMISES are released to PRODUCER and returned to AVON, respectively. 15.1.2 PRODUCER shall notify the Avon Town Manager of any problems or damage that may have occurred during the EVENT during the post -EVENT inspection. 15.1.3 PRODUCER verifies that the Avon Performance Pavilion Technical Specifications, provided in the Producer Toolkit, have been reviewed, are understood, and will be followed as presented. 15.1.4 PRODUCER acknowledges and agrees that Avon is permitting PRODUCER to use the Pavilion in its "as is" condition and the Avon shall be under no obligation to replace, upgrade or otherwise modify the facility. 15.1.5 The following guidelines shall be observed for usage of the Pavilion and PREMISES: 15.1.5.1 Use the Pavilion only in the manner permitted by this Agreement and shall not use or permit the use of the Pavilion for any other purpose or any other reasonably objectionable or unlawful act. 15.1.5.2 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. 15.1.5.3 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, 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. 15.1.5.4 Stakes shall not be driven into the ground along any pathways, athletic fields, parking lots or grassy areas with underground sprinkler systems without prior permission from the Town Manager. 2017 TOWN OF AVON SPECIAL EVENT AGREEMENT Page 13 of 21 15.1.5.5 PRODUCER shall not make alterations, additions or improvements on or to the Pavilion without the prior written consent of Avon, to include, but not limited to tenting, catering equipment and portable facilities. All such work shall be performed in a good and workmanlike manner. All alterations, additions or improvements upon the Pavilion shall be removed from the Pavilion by June 26, 2017. 15.1.5.6 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. 15.1.5.7 PRODUCER shall be liable for any damage to the Pavilion or adjacent Town Property caused by the installation or removal of any alteration, addition or improvement. AVON may take action 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. 16. DAMAGE DEPOSIT 16.1 PRODUCER RESPONSIBILITIES 16.1.1. PRODUCER shall provide a damage deposit or other security instrument in a form acceptable to the Town Manager and payable to the Town of Avon as outlined in Table 1 below. Table t # of People Required Damage Deposit Less than 1,000 $o 1,001- 2,000 $5,000 2,001- 3,000 $7,500 3,001- 5,000 $12,500 16.t.t The damage deposit is intended to secure payment of actual admissions' fees, damages, repairs, clean -up, or any other payment or penalty due AVON. 16.1.2 The damage deposit will be delivered to the Town of Avon Finance office not later than 5:00 p.m. ten (1o) business days prior to the approved EVENT load -in date/time. 16.2AVON RESPONSIBILITIES The damage deposit, less any appropriate funds for payment, if any, shall be refunded to PRODUCER not later than thirty (3o) days after the last day of the EVENT, unless AVON determines that funds need to be retained longer to evaluate the intended uses of the funds. 17. INTERNET ACCESS AVON contracts with Comcast for all wireless services related to Town business. PRODUCER may use Comcast provided internet service for lawful purposes only. Any transmission or re- 2017 TOWN Of AVON SPECIAL EVENT AGREEMENT Page 14 of 21 transmission of material in violation of any federal or state laws or regulations is expressly prohibited. This extends to and includes, but is not limited to, any copyrighted materials, content communications deemed to be abusive, threatening or obscene, or any content or communications prohibited by trade secrets. Through Comcast, AVON shall provide access to the internet for the PREMISES only, through TOA- Public secured with an EVENT password for the express use of PRODUCER's box office /ticket sales, EVENT merchandise sales, vendor booth sales and media only. TOA- Public bandwidth is loo megabits down/20 megabits up. Under no circumstances shall PRODUCER share the passcode with the general public. PRODUCER shall advise AVON by not later than two weeks prior to the EVENT of the desired EVENT Wi -Fi password. 18. AVON CASH AND IN -KIND SPONSORSHIP & USE OF FUNDS 18a PAYMENT OF CASH FUNDS SCHEDULE Cash funding of up to $75,000.00 was appropriated by the Avon Town Council to support the EVENT. Funds will be released as follows: 18.1.1 A total of $4o,635.00 within ten (1o) business days of execution of this Agreement by both parties. 18.1.2 Up to $29,850.00 once an analysis and spending plan is agreed between the parties for use of these monies to purchase assets, which benefit the EVENT and other EVENTS. If assets are purchased, the cash shall be reduced in an equal amount with any remaining funds paid as cash ten (1o) days after agreement is reached. 18.1.3 A total of $4,515.00 upon receipt and approval of Post -Event Survey. 18.2 USE OF CASH FUNDS PRODUCER may use cash funds to defray the production costs of the EVENT, including implementation of the PRODUCER'S Marketing Plan, which was provided in the Special Event Application and is on file at the Town. 18.31N -KIND SUPPORT AVON shall provide in -kind support to PRODUCER in the amount not to exceed $7,500.00 In- kind support includes, but is not limited to staff staging assistance, police, transit operations, traffic control, and banner install ationlremoval. AVON shall track the in -kind expenses and notify the PRODUCER at any time the award level is being approached. 18.4 SPONSOR BENEFITS 18.4.1. PRODUCER RESPONSIBILITIES 18.4.t i. PRODUCER shall provide a complete list of sponsor benefits at a level commensurate to other EVENT sponsors and list of fulfillment benefits, which 2017 TOWN OF AVON SPECIAL EVENT AGREEMENT Page 15 Of 21 AVON shall receive within thirty (3o) 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 (6o) days in advance of the publication. 18.4.1.2. PRODUCER agrees to provide AVON, by not later than sixty (6o) days after the EVENT, not fewer than five (5) professional quality reproducible photographs and not less than ninety (go) seconds of edited video from the 2017 EVENT for use by AVON in any and all AVON marketing and or promotions to include but not limited to print, web, social channels, etc. 18.5 SUCCESS METRICS — EVENT INTERCEPT SURVEY/POST -EVENT SURVEY 18.5.1. PRODUCER RESPONSIBILITIES PRODUCER shall conduct on -site intercept survey or a post -event survey. The survey instrument questions and final report shall be provided to AVON within sixty (6o) days of the last day of the EVENT. 18.5.2. AVON RESPONSIBILMES 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 consultant 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 (6o) days of AVON receiving the final report. 19. POST EVENT REVIEW The Town Manager and PRODUCER, and respective key staff, shall meet on June 28, 2017, at 9:00 a.m., in the Avon Town Hall to review the EVENT. The meeting date may be changed with agreement by the parties. 20. INSURANCE & INDEMNIFICATION 20.1 PRODUCER RESPONSIBILITIES 20.1.1 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. 20.1.2 PRODUCER shall obtain general liability insurance coverage within the minimum limits set below naming AVON as an additional insured and insuring AVON and its 2017 TOWN OF AVON SPECIAL EVENT AGREEMENT Page 16 of 21 officers, agents and employees against any and all liability and damages which may arise out of or directly or indirectly result from the conduct of the EVENT. The policy dates shall include the entire range of dates for which Town property is used. The minimum limits and requirements of the coverage for less than 1,000 people shall include: $1,000,000 per occurrence primary coverage, and $2,000,000 annual aggregate; 3o 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 more than 1,000 people, see the Table 2 below for requirements: Table 2 # of People Limits Per Occurrence ( Requirements Aggregate Host Liquor Liability Personal & Advertising Injury Fire Automobile 1,001 -2,000 $1M $3M $1M $1M $50,000 $1M 2,001- 3,000 $1M $4M $1M $1M $50,000 $1M 3,001 - 5,000 $1M $5M $1M $1M $50,000 $1M 20.1.3 PRODUCER shall provide to AVON proof of Comprehensive Automobile Liability insurance for any private motor vehicles owned 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. 20.1.4 PRODUCER shall provide written evidence of all insurance coverage required in this paragraph 4.12 to the Town Manager no later than thirty (3o) days prior to the first day of the EVENT. All required insurance policies shall be non - cancellable without thirty (3o) days prior written notice to AVON. 20.1.5 The parties hereto understand and agree that AVON is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently $350,000 per individual claim and $99o,000 for multiple claims arising from a single incident) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24- 10 -1o1 et seq., to C.R.S., as from time to time amended, or otherwise available to AVON, its officers, agents, or employees. 20.1.6 PRODUCER shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to paragraph 8.1 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. 20.1.7 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. EVENT CANCELLATION Either party may cancel the EVENT in whole or in part, for any substantial reason beyond either party's control. In the event of cancellation, neither party shall be liable to the other for any lost profits, lost revenues or consequential damages. 2017 TOWN OF AVON SPECIAL EVENT AGREEMENT Page 17 of 21 21.1 The EVENT may be canceled by the Town Manager if the terms of this Agreement are not substantially fulfilled in a timely manner or in the event of an unforeseen catastrophic event, subject to a right to cure. Should AVON deem any term or terms of this Agreement unfulfilled and wish to base cancellation thereon, AVON shall give PRODUCER written notice and PRODUCER shall have five (5) business days to cure the term or such longer time as mutually agreed by the parties. Should PRODUCER cure, this Agreement shall continue in full force and effect. 21.2 In the event of cancellation, AVON shall remit to PRODUCER all deposits less any EVENT related expenditure incurred by AVON. If PRODUCER cancels the EVENT after AVON has dedicated resources toward production and notice of such cancellation is not given ninety (go) days prior to the first day of the EVENT, PRODUCER shall pay AVON five thousand dollars ($5,000) as liquidated damages within thirty (3o) days of the previously scheduled production date. Notwithstanding any other provision to the contrary, if PRODUCER cancels the EVENT, PRODUCER shall return to AVON all funds provided by AVON for the EVENT within fifteen (15) days of cancellation and 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. 22. RELEASE OF LIABILITY 22.1 AVON assumes no responsibility whatsoever for any non - municipal property placed in said PREMISES. PRODUCER hereby expressly releases discharges 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. 22.2 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 Town Manager and Mayor, 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. 23. NOTICES Any notice to either party under this Agreement shall be in writing to the following addresses: 2017 TOWN OF AVON SPECIAL EVENT AGREEMENT Page 18 of 21 PRODUCER True Local Events LLC 275 Main Street Gamet, U201 Edwards, Colorado, 81632 Via Email: tdobrez @coolradiollc.com AVON Town Manager, Town of Avon Copy to: Director of Festivals & Special Events Post Office Box 975 Avon, CO 81620 Via Email: vegger @avon.org Via Email: ddempsey @avon.org 24. 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. 25. Article X, Section 2o/TABOR - The parties understand and acknowledge that the 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 the 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 the Town 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. 26. 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 Parties agree that the rule that ambiguities in a contract are to be construed against the drafting party shall not apply to the interpretation of this Agreement. If there is any conflict between the language of this Agreement and any exhibit or attachment, the language of this Agreement shall govern. 27. 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 2017 TOWN OF AVON SPECIAL EVENT AGREEMENT Page 19 of 21 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. 28. 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 Applicant from performance of any duty, obligation, or responsibility unless such release is clearly expressed in such written document of assignment. 29. 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. 30. Incorporation of Exhibits - Unless otherwise stated in this Agreement, all exhibits, applications, or documents referenced in this Agreement, shall be incorporated into this Agreement for all purposes. In the event of a conflict between any incorporated exhibit and this Agreement, the provisions of this Agreement shall govern and control. 31. 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 PRODUCER 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 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, the PRODUCER shall be required to notify the subcontractor and the Town within three (3) days that the PRODUCER has actual knowledge that a subcontractor is employing or contracting with an illegal alien. The 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. The PRODUCER shall not terminate the subcontract if, during such three days, the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. The 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 the PRODUCER violates this provision, Avon may terminate this Agreement, and the PRODUCER may be liable for actual and/or consequential damages incurred by Avon, notwithstanding any limitation on such damages provided by such Agreement. 2017 TOWN OF AVON SPECIAL EVENT AGREEMENT Page 20 Of 21 32. Non - Liability of Town for Indirect or Consequential Damages or Lost Profits - The parties agree that Avon shall not be liable for indirect or consequential damages, including lost profits that result from Avon's declaration that the PRODUCER is in default of the Agreement, so long as Avon acts in good faith. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written TOWN OF AVON By and Through Its Town Manager BY: DATE: Virginia C. Egger, M Manager PRODUCER �4_ BY: DATE: i PRODUCER 2017 TOWN OF AVON SPECIAL EVENT AGREEMENT Page 21 of 21 Attachment A - Premises Avon COLORADO ATTACHMENT B TOWN OF AVON, COLORADO RESOLUTION NO. 15-18 SERIES OF 2015 A RESOLUTION INCREASING AN ADMISSION TICKET FEE ON TICKETS FOR EVENTS HELD ON TOWN PROPERTY AND AMENDING THE USE OF FEES COLLECTED FOR CERTAIN IMPROVEMENTS AND USES TO INCLUDE THE ADDITION OF PAVILION MAINTENANCE AND RESTATING ALL SECTIONS OF ADOPTED RESOLUTION 13 -26, SERIES 2013, TO ENSURE FULL COMPLIANCE IN THE ADMINISTRATION, COLLECTION AND USE OF THE ADMISSION TICKET FEE WHEREAS, the Avon Town Council has identified "Special Events" as a strategic priority to improve the Town of Avon's economic condition and to add to the quality of life for Avon residents and tourists; and, WHEREAS, the Town may regulate the use of Town parks, special event areas and other Town owned property in accordance with the Town's home rule authority, state statute and Chapter 9.40 of the Avon Municipal Code; WHEREAS, the Avon Town Council passed Resolution 13 -26 A Resolution imposing an Admission Ticket Fee on Tickets for Events Held on Town Property and Dedicating the Use of Fees Collected for Certain Improvements and Uses on September 24, 2013, and has identified the need to increase the fee and amend allowable uses. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Section 1 - Admissions Fee Established. An "Admission Ticket Fee" is hereby established which shall be levied on every ticket for admission to a special event held on Town property for which a charge for admission is imposed by the holder of the special event permit ( "Vendor "). Any person who purchases or accepts an admission to a special event on Town property, including but not limited to Nottingham Park, other Town parks, public right -of -ways, or parking lots, is exercising a privilege of admission. Every special event Vendor who charges a price for admission to such special event to the general public shall collect the Admission Ticket Fee imposed by this Resolution in the manner set forth herein. The Town Manager may waive all or a portion of the Admission Ticket Fee for a specific special event if the Town Manager finds in the Town Manager's discretion that such waiver (1) will promote the viability of the special event, (2) will promote accessibility of Avon community to the special event, (3) is appropriate in that the impacts of the special event do not warrant the Admission Ticket Fee, or (4) the Vendor proposes such other terms, payments or benefits which equal or exceed the benefit of the Admission Ticket Fee. Beginning on the date of this Resolution, the following Admission Ticket Fee shall be levied person per ticket sold or provided as a complimentary admission: • Ticket for single day admission= $3.00 • Ticket for two -day admission= $6.00 • Ticket for three -day admission = $9.00 Section 2 - Collection and Remittance of Admission Ticket Fee. (a) The Vendor of a special event who imposes and collects a charge for admission to attendees, or any portion of attendees, shall impose and collect the Admission Ticket Fee on every ticket for admission to the special event, including any tickets or privilege of admission that are provided on a complimentary to a special event for which a 1 1 Resolution 15 -18 Admission Ticket Fee September 22, 2015 charge is imposed on other attendees. The Admission Ticket Fee shall be deemed to be held in trust by the Vendor required to collect the Admission Ticket Fee until remitted to the Finance Director according to the provisions of this Resolution. The Admission Ticket Fee shall be collected at the time the admission charge is paid or at the time a complimentary ticket or privilege of admission is granted to an attendee. (b) Every Vendor collecting an Admission Ticket Fee shall file with the Finance Director within thirty (30) days following the last day of the special event for which an Admission Ticket Fee is levied a statement indicating the total number of tickets and privilege of admission to the special event issued to attendees, the total amount of the Admission Ticket Fees collected by ticket type during the admissions sale period and such further information as the Finance Director may deem necessary to determine the amount of the Admission Ticket Fees collected and payable. The Vendor shall remit the entire amount of the Admission Ticket Fee collected with the statement. Section 3 — Exclusions. The Admission Ticket Fee shall not be payable by the following attendees if admitted to any festival /special event without charge. The Town Manager may limit the numbers of each type of attendee admitted without charge. (a) A bona fide officer or employee of the Vendor of the special event; (b) Any federal, state, city, county or Town official employee attending the event on official business; (c) Any person whose admission to such special event is required for the performance of some duty or work for the operator of such special event; (d) Any newspaper reporter, photographer, telegrapher, radio announcer or person performing a similar vocation who is admitted for the performance of special duties in connection with the special event and whose special duties are the sole reason for his or her presence; and /or (e) A child under thirteen (13) years of age, who is admitted without charge. Section 4 - Failure to Remit; Penalties for Non - Payment. Every Vendor required to collect an Admission Ticket Fee who fails to collect the applicable Admission Ticket Fee or any portion thereof shall be liable to the Town for the amount of the Admission Ticket Fee plus a penalty of fifteen percent (15%) of the total amount due plus interest on the amount due and penalty at the rate set forth in Chapter 3.32 of the Avon Municipal Code plus any costs of collection incurred by the Town. Section 5 — No Assumption of Admission Ticket Fee. The Vendor of special events shall agree that the Vendor shall not represent that the Admission Ticket Fee will be assumed or absorbed by the Vendor, that Admission Ticket Fee will not be added to the selling price of the admission sold or, if added, that it or any part thereof will be refunded. Section 6 - Printing of Admission Ticket Fee on Ticket. On each admission ticket, wristband or card sold, the following words or their equivalent identifying the amount of Admission Ticket Fee levied shall be conspicuously and indelibly printed, written or stamped on the face or back of that part of the ticket which is sold by the Vendor: "Town of Avon Admission Ticket Fee $3 per Day." Section 7 - Determination of Fee Due. If any Vendor required to collect and remit the Admission Ticket Fee fails to file a statement and a remittance, or if the Town Manager has reasonable cause to believe that an erroneous statement has been filed, the Town Manager may proceed to determine the amount due to the Town and, in connection therewith, shall make such investigations and take such testimony and other evidence as may be necessary. The Town shall provide at least six (6) days prior written notice to the Vendor before conducting an administrative hearing and shall provide an opportunity for the Vendor to provide testimony and evidence before the Town Manager renders a final decision. Section 8 - Right of Inspection and Audit. It shall be the duty of every Vendor to keep and preserve suitable records of all ticket types sold and such other books or accounts as may be necessary to determine the amount of the Admission Ticket Fee for the collection or payment of which the Vendor is liable. The Town Manager may make, or 2 Resolution 15 -18 Admission Ticket Fee September 22, 2015 cause to be made the examination, inspection or audit of books, invoices, accounts and other records so kept or maintained by such Vendor. Section 9 - Collection and Payment of Disputed Fee. Should a dispute arise between the purchaser and the Vendor or between Vendor and the Town Manager as to whether the sale of admission is exempt under this Resolution, the Vendor, shall collect and the purchaser shall pay the Admission Ticket Fee, and the Vendor or purchaser shall thereupon issue a receipt or certificate, showing the names of the purchaser and Vendor, the date, price and amount of Admission Ticket Fee paid, and a brief statement of the claim of exemption. The purchaser or Vendor may apply to the Town Manager for a refund of such fees, and it shall be the duty of the Town Manager to thereupon determine the question of exemption and to provide for a refund if necessary. Section to — Incorporation into Special Events Permit or Contract. The terms of this Resolution shall be referenced and incorporated into any special events permit or contract for special events along with such other terms as may be deemed appropriate and necessary for the administration and enforcement of the Admission Ticket Fee. Section it - Town of Avon use of Admission Ticket Fees. (a) All Admission Ticket Fee revenues collected shall be utilized for special event related capital facilities, maintenance, equipment and infrastructure improvements, including but not limited to: (i) Acquisition of assets for special events such as tenting, fencing, cord channels, staging, resource recovery, directional signage, or generators /turtle box. (ii) Improvement in park and Town -owned facility infrastructure such as type and location of power, resource recovery, warm water access, grey water and grease disposal receptacles, materials for conversion of facilities for various event types, and field and trail improvements. (iii) Maintenance of the Park Pavilion and Nottingham Park Upper Field attributable to special event and festival use. (b) The Admission Ticket Fee revenues, with Town Manager approval, may be used to defray police, public transportation and traffic control costs when provided by the Town as an in -kind benefit for the special event. 3 Resolution 15 -18 Admission Ticket Fee September ii, 2015