03-31-2017 Special Event Agreement Zoppe' Italian Family Circus,avon
COLORADO
2017 TOWN OF AVON SPECIAL EVENT AGREEMENT
FOR THE
ZOPPE' ITALIAN FAMILY CIRCUS
THIS AGREEMENT ("Agreement") is made and entered into on March 31, 2017, 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 Zoppe' Family, Inc. ("PRODUCER"), whom assigns
New World Classics as the acting, responsible and executing agent (`AGENT") a Vermont Sole
Proprietor, with its principal offices at 1 Elm Street, Windsor, Vermont, 05o8g.
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 January 24, 2017, meeting, and the Town Council approved dates for the Zoppe' Italian
Family Circus ("EVENT") on September 8 — lo, 2017, and granted cash funding and in-kind services as
an investment in the first 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
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TERMS AND CONDITIONS
1. SPECIAL EVENT PERMIT
Execution of this Agreement shall constitute issuance of a Special Event Permit. AVON waives
the $loo 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/specia]events.
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 Town Hall West parking lot and all paths of access leading to and from
the specified portion of the Park, , but not including the Pavilion (stage deck, event terrace,
viewing plaza, green room, scissor lift room, basement), the Park Log Cabin and Playground, the
Avon Recreation Center, Picnic Shelter, Lower Athletic Field, Nottingham Lake/Beach, 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 for the sole purposes of: 1)
EVENT set-up on September 5, 2017, from 9:oo a.m. to 9:oo p.m. and may continue set-up
activities within tented spaces for activities such as hanging lights, signage and modular
offices from 9:oo p.m. to 11:0o p.m.; and, EVENT break -down and site clean-up on September
10, 2017, from 4:00 P.M. to 10:00 p.m.; and, if required, September 11, 2017 from 7:oo a.m. to
1o:oo p.m.; and September 12, 2017 from 7:oo a.m. to 7:00 p.m.
3.2 EXCLUSIVE USE
PRODUCER is granted an exclusive use of the PREMISES for the EVENT as follows:
September 8 and 9, 2017 - 7:0o a.m. to 9:oo p.m.
September 10, 2017 - 7:oo a.m. until 4:00 p.m.
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.
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Approval of the request from PRODUCER for an extension or delay of the agreed upon
timelines will not be unduly withheld by AVON.
4. PERFORMANCE HOURS
4.1 SOUND CHECKS
4.1.1. PRODUCER may allow the emcee up to twenty (20) consecutive minutes for sound
check. PRODUCER agrees that the emcee sound check includes front of house and
individual artist checks, if applicable; and, that 20 minutes is a satisfactory amount
time.
4.1.2. Sound checks only may take place on September 8, 2017, between the hours of 9:oo
a.m. and 12:00 p.m.
4.1.3• 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 and pre -show music/announcements within the
PREMISES on September 8 —10, 2017, from 12:00 p.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.
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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 (30)
days after the last day of the EVENT.
5. 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.
5.1 In addition to the "Exempt Admissions" authorized by Resolution 15-08, up to three hundred
(3oo) additional "Exempt" single -day admissions (Complimentary Media, Sponsor and/or
Non -Profit Partner) may be used by the PRODUCER specifically for marketing purposes,
sponsorship fulfillment and non-profit request for admission for the purpose of increasing
awareness through admission; and, when a paid admission is not included in non-profit
partnership.
5.2 Any tickets 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.
5.3 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 #i. Lost, broken and/or
unused tickets should be presented to the Town Manager at that time for accounting
purposes.
5.4 Payment, as required in Resolution 15-o8, shall be made not later than thirty (3o) days after
the EVENT.
6. MAXIMUM ATTENDANCE
6.1 PAID ADMISSIONS
PRODUCER agrees the daily number of admissions shall not exceed 1,500 on any day of the
EVENT. This includes children age z and older. Paid Admissions include all General
Admissions and VIP Admissions.
6.2 COMPLIMENTARY ADMISSIONS
6.2.1 PRODUCER shall provide complimentary admission for the following types of
attendees:
6.2.1.1 Children age two and under
6.2.1.2 EVENT staff, crew, performers, artists, vendors and volunteers
6.2.1.3 EVENT media, sponsors and non-profit contracted with by the PRODUCER;
see "Exempt Admission" in Section 5.1
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6.2.1.4 AVON staff providing services, in-kind and/or paid, as approved by the Avon
Town Manager
6.2.1.5 VIP Full Pass Admission for the Avon Town Council plus one guest for each of
the aforementioned for total of sixteen (16)
6.2.1.6 VIP All Access Pass Admission and credential (if applicable) for the Avon
Town Manager, Special Events Manager and Town Engineer
6.3 SERVICES TO MEET ADMISSIONS
6.3.1. 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.
6.3.2. PRODUCER agrees to make every effort to retain volunteers and paid staff from
qualified persons residing in the Town of Avon or Eagle County. AVON shall provide
access to the AVON volunteer roster for the purpose of soliciting volunteers.
6.4 ADMISSION TICKETS
PRODUCER agrees that all admissions shall require a ticket, 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).
6.4.1 PRODUCER RESPONSIBILITIES: TICKET INFORMATION
By not later than 5:00 p.m., thirty (3o) days prior to the EVENT the following
information shall be provided:
6.4.1.1 The ticket color, graphic and script, including the script required per
Resolution 15-o8 Section 6 (Attachment B), which will be provided to the
various types of admissions, and number ordered per type. For example, the
types of admissions requiring a distinct ticket include, may include, but are
not limited to:
• Single -day General Paid Admissions
• Single -day VIP Paid Admissions
• Single -day Complimentary VIP
• 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
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6.4.1.2 Purchase manifest(s) detailing the PRODUCER'S ticket order.
6.4.1.3 Description of the admission accounting system procedure to ensure that
tickets are distributed and accounted for strictly by type, to ensure that
tickets are not intermixed among admission types and to determine the Town
of Avon Admission Ticket Fee (see Section 6).
6.4.1.4 A copy of the executed third party agreement(s) with the ticket sales vendor
and/or organization, which will be selling tickets and providing the
accounting of all tickets distributed.
6.4.2 AVON RESPONSIBILITIES: APPROVAL OF TICKET DESIGNS
6.4.2.1 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.
6.4.2.2 PRODUCER and AVON agree to work in an expeditious manner to finalize the
ticket requirements, if modifications are required.
6.4.3 ADMISSION ACCOUNTING PROCESS
6.4.3.1 PRODUCER REPORTING: ADMISSION REPORT #1
PRODUCER shall provide to the Town Manager an accounting of all Paid and
Complimentary Admissions ten (1o) business days prior to the EVENT.
6.4.3.2 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 tickets by not later
than 5:00 p.m. on September 12, 2017.
6.4.3.3 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 tickets 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.
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.
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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
lighting/sound 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 www.avon.org, "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"
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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.
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. MARKETING
9.1. PRODUCER RESPONSIBILITIES
9.1.1. 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.
9.1.2. 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 2 banners) and Avon Road Round -a -bouts (up to 12 banners)
and are based on availability. PRODUCER and AVON may mutually agree to the
number, location and installation and removal of additional banners.
AVON agrees to waive the $loo temporary sign application fee.
9.1.3• 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 (9o) seconds from the 2016
EVENT and/or for the upcoming EVENT for AVON's use.
9.2. AVON RESPONSIBILITIES
9.2.1. AVON shall post on its website EVENT information within five (5) business days after
receipt of "posting ready" materials from the PRODUCER.
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9.2.2. AVON shall post the EVENT in its "all 2017 events" website marketing.
9.2.3• AVON shall disseminate EVENT related media releases and information about the
EVENT in an appropriate and timely manner.
9.2.4• AVON shall install and/or remove promotional on banners as outlined in Section 9.1.2
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.
10. PARKING & TRANSPORTATION PLAN
1o.1 PRODUCER RESPONSIBILITIES
1o.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
10.1.2 Once parking lots are secured, as described in Section 10.2, PRODUCER will be
responsible for signage and sanitation of all parking lots utilized for the EVENT, if
needed.
10.1.3 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.
10.2 AVON RESPONSIBILITIES
Within five (5) business days of receiving from the PRODUCER, the parking space demand
projection, AVON will determine which Town owned lots are required to accommodate the
needs of the EVENT, using the calculation provided in Section 1o.1.1.
10.2.1 AVON shall secure public parking lots for the PRODUCER, as needed, to fulfill the
parking requirements.
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10.2.2 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.
10.2.3 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 (6o) days prior to the
EVENT.
10.2.3.1 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.
10.2.3.2 Up to four (4) variable message boards (VMS) will be used for vehicular
traffic direction.
10.2.3.3 The types and quantities of pedestrian signage available are provided in the
Producer Toolkit.
11. SECURITY
11.1 PRODUCER RESPONSIBILITIES
11.1.1 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.
11.1.2 PRODUCER shall ensure there is lighting on the perimeter of the main tent, along the
recreational path to backstage, behind concessions, to vendor/sponsor/VIP tents,
portable restrooms and to the Box Office.
11.1.3 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.
11.1.4 Pre -EVENT and on-site PREMISE information shall sufficiently and frequently
communicate to attendees through all media outlets, signage to be placed at EVENT
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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.
11.2 AVON 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.
12. MEDICAL AND EMERGENCY RESPONSE
12.1 PRODUCER RESPONSIBILITIES
12.1.1. 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.
12.1.2. By Order of the Eagle River Fire Protection District, PRODUCER will ensure that NO
THEATRICAL SMOKE without approval is blown on the PREMISES 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.
12.1.3. Contracts for services with emergency response agencies shall be provided sixty (6o)
days prior to the EVENT
12.2 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.
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13. SANITATION & RESOURCE RECOVERY
13.1 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.
13.2 AVON RESPONSIBILITIES
Provide a list of recommended asset quantities for various attendee estimates, which can be
found in the Producer Toolkit.
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.
14. PREMISES INSPECTION
14.1 PRODUCER RESPONSIBILITIES
14.1.1 PRODUCER and AVON shall jointly perform and document a pre -EVENT inspection of
the PREMISES not later than September 5, 2017 at g:oo a.m. and post -EVENT
inspection of the PREMISES not later than September 12, 2017 at 5:00 p.m. before the
PREMISES are released to PRODUCER and returned to AVON, respectively.
14.1.2 PRODUCER shall notify the Avon Town Manager of any problems or damage that
may have occurred during the EVENT during the post -EVENT inspection.
14.1.3 The following guidelines shall be observed for usage of the PREMISES:
14.1.3.1 Use the PREMISES only in the manner permitted by this Agreement and shall
not use or permit the use of the PREMISES for any other purpose or any
other reasonably objectionable or unlawful act.
14.1.3.2 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.
14.1.3.3 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.
14.1.3.4 PRODUCER shall be liable for any damage to the PREMISES 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
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reasonable attorneys' fees and costs to enforce this Agreement.
15. DAMAGE DEPOSIT
15.1 PRODUCER RESPONSIBILITIES
15.1.1. 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 in the amount of
four thousand five hundred dollars ($4,500.00).
15.1.2. The damage deposit is intended to secure payment of actual admissions' fees,
damages, repairs, clean-up, or any other payment or penalty due AVON.
15.1.3• 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.
15.2 AVON RESPONSIBILITIES
AVON intends to refund the damage deposit on September 12, 2017, less any appropriate
funds for payment of damages and/or Admissions Fees due, if any, to accommodate the
PRODUCER'S desire to wrap up all responsibilities prior to leaving Avon, unless AVON
determines that funds need to be retained longer to evaluate the intended uses of the funds.
The refund shall be in the form of a check.
16. 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-
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.
17. AVON CASH AND IN-KIND SPONSORSHIP & USE OF FUNDS
17.1 PAYMENT OF CASH FUNDS SCHEDULE
Cash funding of $21,500.00 was appropriated by the Avon Town Council to support the
EVENT. Funds will be released as follows:
17.1.1 Fifty percent (5o%) representing a total of $10,750.00 within ten (1o) business days of
execution of this Agreement by both parties;
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17.1.2 Forty percent (4o%) representing a total of $8,600.00 sixty (6o) days prior to the
EVENT, if all required contractual elements and EVENT plans have been received and
are deemed sufficient by the Town Manager; and
17.1.3 Ten percent (10%) representing a total of $2,150.00 upon receipt and approval of Post -
Event Survey.
17.1.4 In addition, up to five -hundred dollars ($500.00) may be made available for the sole
purpose of renting portable restrooms if facilities already located in Nottingham Park
are not sufficient for anticipated crowd size. AVON shall endeavor to retain its
summer portable restrooms, if economically, through the EVENT.
If it is determined and agreed to by both parties that additional portable restrooms
are required, PRODUCER shall provide AVON with an invoice and adequate back-up
to evidence the release of aforementioned funds.
17.2 PAYMENTS TO PRODUCER
AVON agrees to pay cash and any invoice, by wire transfer, to New World Classics, within ten
(1o) business days of receiving the invoice. Wire instructions are provided in Attachment C.
17.3 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.
17.4 IN-KIND SUPPORT
AVON shall provide in-kind support to PRODUCER, which includes, staff set-up and break-
down assistance to the extent staff time is available and has the appropriate skill -set, power
and distribution of power, use of Town 8 -yard dumpster(s), access to potable water, Town
Hall West lot for RV trailer and animal trailer parking (including overnight parking), and
banner installation/removal, if applicable. See Attachment D for additional details.
18.4 SPONSOR BENEFITS
17.4.1. PRODUCER RESPONSIBILITIES
17.4.1.1. PRODUCER shall provide a complete list of sponsor benefits at a level
commensurate to other EVENT sponsors and list of fulfillment benefits, which
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.
2017 TOWN OF AVON SPECIAL EVENT AGREEMENT
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17.4.1.2. 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 (9o) 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.
17.6 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 RESPONSIBILITIES
If AVON includes the EVENT in 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.
18. POST EVENT REVIEW
The Town Manager and PRODUCER, and respective key staff, shall meet on September 12, 2017,
at 9:oo a.m., in the Avon Town Hall to review the EVENT. The meeting date may be changed
with agreement by the parties.
19. INSURANCE & INDEMNIFICATION
19.1 PRODUCER RESPONSIBILITIES
19.1.1 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,
including the actions or omissions of sub -contractors.
19.1.2 PRODUCER shall obtain general liability insurance coverage within the minimum
limits set below naming AVON as an additional insured and insuring AVON and its
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: $1,00o,000 per occurrence primary coverage, and $2,0oo,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
2017 TOWN OF AVON SPECIAL EVENT AGREEMENT
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advertising injury coverage; and $50,000 fire damage. For more than 1,000 people,
see the Table 2 below for requirements:
19.1.3 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.
19.1.4 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.
19.1.5 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 $990,000 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., 10 C.R.S., as from time to time amended, or otherwise available to
AVON, its officers, agents, or employees.
19.1.6 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. 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.
2o.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.
2017 TOWN OF AVON SPECIAL EVENT AGREEMENT
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Table 2
# of People
Limits Per
Occurrence /
Requirements
Aggregate
Host Liquor
Liability
Personal &
Advertising
Injury
Fire
Automobile
1,001 - 2,000
$1M
$2M
N/A
$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
19.1.3 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.
19.1.4 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.
19.1.5 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 $990,000 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., 10 C.R.S., as from time to time amended, or otherwise available to
AVON, its officers, agents, or employees.
19.1.6 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. 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.
2o.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.
2017 TOWN OF AVON SPECIAL EVENT AGREEMENT
Page 16 of 20
20.2 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.
21. RELEASE OF LIABILITY
21.1 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.
21.2 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.
2017 TOWN OF AVON SPECIAL EVENT AGREEMENT
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22. NOTICES
Any notice to either party under this Agreement shall be in writing to the following addresses:
PRODUCER AGENT KL VE
Mr. Kerby Lovallo
New World Classics
1 Elm Street
Windsor, VT 05o89
Via Email: kl@newworldclassics.com
AVON
Town Manager, Town of Avon
Copy to: Special Events Manager
Post Office Box 975
Avon, CO 81620
Via Email: vegger@avon.org
Via Email: cwillis@avon.org
23. 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.
24. Article X, Section 20/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.
25. 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
2017 TOWN OF AVON SPECIAL EVENT AGREEMENT
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or attachment, the language of this Agreement shall govern.
26. Survival of Terms and Conditions - The parties understand and agree that all terms and
conditions of the Agreement that require continued performance, compliance, or effect beyond
the termination date of the Agreement shall survive such termination date and shall be
enforceable in the event of a failure to perform or comply.
27. 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.
28. 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.
29. 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.
30. 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
2017 TOWN OF AVON SPECIAL EVENT AGREEMENT
Page 19 of 20
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.
31. 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: 2� DATE: _4/4/17
Virginia C. Egger, Town a er
AGENT
BY:
DATE: _4/4/17
Kerby Lovallo, Agent on behalf of Zoppe' Family, Inc.
2017 TOWN OF AVON SPECIAL EVENT AGREEMENT
Page 20 of 20
A
.4v o n
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 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
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 10 — 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 » - 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.
Resolution 15-18 Admission Ticket Fee
September ii, 2015
ATTACHMENT C
ZOPPE CIRCUS / NEW WORLD CLASSICS WIRE TRANSFER INSTRUCTIONS
Account: Kerby Lovallo dba New World Classics
Account Number: 0094188203o6
Bank of America, 42 E Main St, Rockville CT o6066, Tel (860 _879-15 9
To send traditional wire transfers to this account, use this routing number: 026009593
To send an ACH (Automated Clearing House) or EFT (Electronic Funds Transfer) use this routing
number: 011900254
Swift code BOFAUS3N
New World Classics address: 1 Elm St, Windsor VT 05089
Tel: (802) 674-4478, E-mail: kl@newworldclassics.com
ATTACHMENT D
Zoppe' Circus Technical Rider
Provided below are the requested requirements and agreed upon in-kind support to be provided by
AVON and requirements to be provided by the PRODUCER:
Free Parking for Recreational Vehicles: Our artists travel and live in recreational vehicles
while on tour. Therefore, there must be a reserved space near the performance area for up
to eight (8) R.V.'s upon arrival. The following is required:
A.) Electricity in R.V. Area: Eight (8) Electrical Edison outlets with zo amp breakers each
outlet in the R.V. parking location. If non -animal R.V.'s are not able to park next to the
tent area, additional power and lights will be required in that area.
• AVON shall provide power and distribution of power.
B.) Water: Water faucet connection for garden hose near R.V. parking. If system uses a
key, ARTIST is to be given the key upon arrival. ARTIST will return key to PRESENTER
prior to vacating the premises. Standard hose coupling is acceptable.
• AVON shall provide access to potable water connection on north side of Town
Hall; producer provides all hoses/couplings.
C.) Animal Parking: Animal vehicles should be permitted to park by the circus tent. If R.V.
trailer parking is located in an area other than by the circus tent, additional electric
and water is required. Dumpster should be placed close to the animal parking in the
location ARTIST designates upon arrival of the Company.
• AVON shall provide parking for R.V. trailer for animals in the Town Hall West lot
located adjacent to the Park.
2. Animal Requirements:
A.) Two (z) bales of regular grass hay — per performance day. Fifteen (15) bags of kiln -dried
wood shavings, with four (4) additional bags needed per performance day.
• PRODUCER shall provide.
B.) If site is not grass, Presenter to provide one load of dirt (11 cubic yards on a level
surface, 14 cubic yards on a pitched surface) (baseball diamond dirt is best - 6o% sand,
20% clay, zo% dirt), and additional bags of shavings may be needed.
• PRODUCER shall provide.
C.) One (1) eight yard dumpster for animal waste should be placed close to animal parking
in the location ARTIST designates upon arrival of the Company. This will also be used
for disposal of trash from the performances and performers. If local codes require
trash and animal waste to remain separate, then two (i) dumpsters are required.
• AVON shall provide access to one (1) 8 -yard dumpster which is located in Town
Hall west parking lot for the purpose of trash and animal waste and one (1) 8 -yard
dumpster for recycling disposal.
i, I Attachment D - Zoppe' Family Circus Event Agreement
3. Performance Requirements:
A.) Performance Space_ A space measuring approximately 17z' diameter circle (150'
diameter is the minimum), is required for the set-up of the tent. Additional space is
required for the living quarters for the performers and their animals. This space should
be free and clear of all obstacles, and it is preferable that the space is a grass lot. AVON
should make PRODUCER aware of any underground obstacles (such as water pipes,
electrical or gas lines) prior to the set-up of the tent. PRODUCER is responsible for
obtaining all licenses and permits as may be required for performance, animals and
concessions.
• AVON shall provide Nottingham main athletic field and locate irrigation and
electrical.
B.) Power: 220 single-phase zoo amp electrical service is required for use by the ARTIST for
the lighting, sound, and electricity for the circus tent and for the performer's living
quarters.
• AVON shall provide power, distribution assets and distribution of power.
4. Miscellaneous:
A.) Set-up Assistance: A minimum of 6 able-bodied persons to help with the setup and take
down of the tent. Time of set-up and take down will be determined by the ARTIST. Set-
up is approx. to hours and requires off loading and handling the tent and equipment
including the assembly of the bleachers and driving stakes into the ground with a
sledge hammer, Strike is approx. 6 hours and includes tear down of the bleachers and
tent plus loading equipment back into the trucks; bleacher assembly is approx. 6 hours.
Each person should be able to lift loo lbs.
• PRODUCER shall provide.
B.) Accommodations: Up to three (3) motel rooms may be required to be supplied by the
PRESENTER. Presenter will be notified no later than one (1) month prior to performance date
as to whether these rooms are in fact needed.
• PRODUCER shall provide.
C.) Ushers, Ticket -takers, Concessions: The PRODUCER can provide some ushers though many
presenters prefer to provide their own ushers. The PRODUCER provides ticket takers and
people to sell tickets at the door. ARTIST sells concessions (lemonade, bottled water, cotton
candy, popcorn) and souvenirs.
• AVON shall provide access to the AVON volunteer rooster to PRODUCER.
,. I Attachment D - Zoppe' Family Circus Event Agreement