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02-21-2018 Vail Valley Brew Fest at Avon,ovon C C L O a 4 C O 2o18 TOWN OF AVON SPECIAL EVENT AGREEMENT FOR THE Vail Valley Brew Fest at Avon THIS AGREEMENT ("Agreement") is made and entered into on February 21, 2018, 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, and Right -On Productions ("PRODUCER") with its principal offices at 4454 Tennyson Street, Denver, Colorado 80212. 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 2018 Special Event Application ("2018 PRODUCER APPLICATION"), for producing the Vail Valley Brew Fest at Avon ("EVENT"), and the Avon Ad Hoc Special Events Committee reviewed the 2018 PRODUCER APPLICATION, and recommended dates and/or funding for the EVENT to the Avon Town Council, which were approved by the Avon Town Council by Resolution 17-26, on November 15, 2017; and WHEREAS, the parties recognize the mutual benefits of PRODUCER producing and AVON hosting 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 the 2018 PRODUCER APPLICATION filed with the Town and governed by the provisions of the Avon Municipal Code, as may be applicable; and, NOW, THEREFORE, for good and valuable consideration, including the mutual promises contained herein, the sufficiency of which is acknowledged and accepted by the parties, the parties agree as follows: TERMS AND CONDITIONS 1. SPECIAL EVENT PERMIT Execution of this Agreement shall constitute issuance of a Special Event Permit. AVON waives the $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. 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. 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). AVON'S chain of command shall be provided by the Town Manager to the PRODUCER within ten (1o) business days of execution of this Agreement 1.4. PRODUCER shall provide to the Town Manager the PRODUCER'S chain of command within ten (1o) business days of execution of this Agreement. z. ATTENDANCE ESTIMATE & SERVICES TO MEET ATTENDANCE 2.1 ATTENDANCE ESTIMATE The PRODUCER'S 2018 PRODUCER APPLICATION estimated total attendance at the EVENT per day to equal 2,21o, based upon the following types of attendees: Number participants as paid or free ticket buyers, registered competitors, etc.: 1,800 Number of spectators, if applicable: N/A Number of artists, exhibitors, vendors, etc.: 300 Number of event staff — paid or volunteer, including contractors: 20 Total Attendance Per Day: 2,120 2.2 SERVICES TO MEET ATTENDANCE PRODUCER shall provide those services and meet the PRODUCER responsibilities described in this Agreement for each day's total attendance as estimated in Section 2.1. Should PRODUCER, at any time, estimate that greater than the total daily attendance is likely, the Town Manager shall be promptly noticed, and PRODUCER will be responsible to meet any new service demands prior to the start of the EVENT. 3. PREMISES The PREMISES for the EVENT are depicted on Attachment A and are defined as a portion of Harry A. Nottingham Park, including, all paths of access leading to and from the Pavilion, the Park Log Cabin, but not including the Avon Recreation Center, Picnic Shelter, Playhouse Project Area, Lower Athletic Field, Nottingham Lake/Beach, Basketball Courts, Sand Volleyball Courts, Tennis or Pickleball Courts. PREMISES will also include any public or private parking lots made available to the PRODUCER (See Section 1o). 4. DATES AND HOURS OF USE 4.1 NON-EXCLUSIVE USE PRODUCER is granted the non-exclusive use of the PREMISES on for the sole purposes of: 1) EVENT set-up on June 29,2o18, from 8:oo a.m. to 7:00 p.m.; and z) EVENT break -down on July 1, 2o18 from 6:oo a.m. to 12:00 p.m. 4.2 CHANGE OF DATES AND HOURS OF USE PRODUCER may request, as a result of weather or catastrophic events, a change to the PREMISES, and/or 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. 5. PREMISES SET-UP & TEAR DOWN PLAN 2I` 5.1 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: 5.1.1 A schedule (dates and times) for installation/removal of all proposed structures; 5.1.2 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. 5.2 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. 6. PREMISES INSPECTION & USAGE 6.1 PRE -EVENT INSPECTION PRODUCER and the Town Manager shall jointly perform and document a pre -EVENT inspection of the PREMISES not later than June 30, 2018 at 8:oo a.m., before the PREMISES are released to PRODUCER. 6.1.1 PRODUCER, by attending the pre -EVENT inspection, verifies that the Avon Performance Pavilion Technical Specifications, provided in the Producer Toolkit, have been reviewed, are understood, and will be followed as presented. 6.1.2 PRODUCER acknowledges and agrees that AVON is permitting PRODUCER to use the PREMISES, including the Avon Pavilion, in its "as is" condition and the AVON shall be under no obligation to replace, upgrade or otherwise modify the facilities. 6.2 PREMISES USAGE The following guidelines shall be observed for usage of the PREMISES: 6.2.1 PRODUCER shall not install, place, inscribe, paint or otherwise attach and shall not permit any banner, sign, advertisement, notice, marquis, or awning on or within the Pavilion, without the prior review and consent of Avon in each instance. 6.2.2 PRODUCER shall, at its own expense, provide and maintain in first-class condition all permitted signs and shall, upon the expiration of this Agreement, at its own expense, 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. 6.2.3 PRODUCER will respect and utilize PREMISES improvement locates and 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. 6.2.4 PRODUCER shall not make alterations, additions or improvements on or to the Pavilion 31 Page 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. 6.2.5 By order of the Eagle River Fire Protection District, PRODUCER will ensure that NO THEATRICAL SMOKE, without approval, is blown on the Pavilion and NO PYROTECHNICS OF ANY SORT are to be detonated. Decorative open flame, fire pits, patio style heaters and/or fire performers are only permissible if permitted through and approved by Eagle River Fire Protection District. Cooking of any sort by hot plate, open flame, grill, etc. is not allowed in the Green Room (including restroom). 6.2.6 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. 6.2.7 PRODUCER agrees to make every effort to retain volunteers and paid staff from qualified persons residing in the Town of Avon or Eagle County. 6.3 POST -EVENT INSPECTION PRODUCER and the Town Manager shall jointly perform and document a post -EVENT inspection of the PREMISES not later than July 1, 2o18 at 12:00 p.m. before the PREMISES are returned to AVON. PRODUCER shall notify the Town Manager of any problems or damage that may have occurred during the EVENT during the post -EVENT inspection. PRODUCER shall be liable for any damage to the PREMISES and any adjacent 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. 7. SANITATION & RESOURCE RECOVERY 7.1. PRODUCER RESPONSIBILITIES PRODUCER shall provide for the sanitation facilities, resource recovery (composing and recycling) cleanliness and cleaning needs of the EVENT. 7.1.1. Contracts for services with the PRODUCER'S sanitation and recovery agencies shall be provided to the Town Manager sixty (6o) days prior to the first date of the EVENT. 7.1.2. Contract services shall cover refuse management, recycling, composting, portable restrooms, grounds and Pavilion cleaning and all parking lots included in the defined PREMISES. 7.2. AVON RESPONSIBILITIES 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. 8. PARKING AVON, based upon event experience in the town, to date, has determined that parking space requirements for events shall be as follows: 4�' Attendance Parking Space Estimate 1,500 or fewer persons 188 1,501 - 2,000 persons 250 2,001 - 3,000 375 3,001 or greater TBD 8.1 Public parking lots, owned by AVON, the Avon Elementary School parking lot, and Town streets are the primary parking areas for the EVENT, accounting for 270 spaces, within walking distance to the PREMISES. When required to meet parking demand beyond these parking spaces, the Town Manager will make a best effort to secure private lots to meet parking demand or provide shuttle service to the Traer Creek Plaza underground parking lot. AVON shall notice the PRODUCER of all available parking lots and street parking estimates not less than sixty (6o) days prior to the first date of the EVENT. 8.2 Once parking lots are secured, the PRODUCER will be responsible for staffing, lighting, signage, and sanitation, and any insurance requirements. 8.3 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 sixty (6o) 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. Certificates of insurance for any and all private parking lot owners shall be provided to the Town Manager not later than ten (1o) business days prior to the first day of the EVENT. 9. MULTIMODAL TRANSPORTATION SERVICES The Avon Town Council's adopted Climate Action Plan emphasizes the importance of walking, biking, carpooling and using bus transit. AVON and the PRODUCER agree to encourage attendees, staff, volunteers, etc. to take public transportation, bike, walk and carpool. AVON will be responsible for providing bike racks on-site for the EVENT. Extended in -town bus service may be provided when the Beaver Creek and/or Traer Creek Plaza lots are included in the EVENT parking. io. AMPLIFIED SOUND PERMIT io.i. PRODUCER RESPONSIBILITIES PRODUCER will submit an Application for Outdoor Use of Amplified Sound System (Application), pursuant to Avon Municipal Code 5.24, by not later than 5:00 p.m. sixty (6o) days prior to the first day of the EVENT. The Application will include, if applicable: to.i.i. SOUND CHECKS — Dates and times of sound checks will be listed. Duration is limited to a three -song sound check lasting no more than twenty (20) consecutive minutes for each artist. 10.1.2. PERFORMANCE TIMES — Dates and times of all performances and/or announcements will be listed. 10.1.3. CHANGE OF TIMES 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. 51 Page 10.1.4. SOUND VOLUME PRODUCER agrees the volume for any sound check and during performance times will be moderated to achieve the sound quality needed for the EVENT and shall be considerate of the surrounding neighborhoods. The Town Manager may request the volume be reduced at any time during the EVENT. 10.1.5. SOUND PENALTY PRODUCER acknowledges and agrees that strict adherence to the sound check and performance times approved in the Sound Permit and 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. 1o.1.6. PRODUCER acknowledges and agrees to pay the sound penalty assessed, by not later than 5:00 p.m., thirty (3o) days after the last day of the EVENT. Payment will be received prior to release of the EVENTS final payment as set forth in Section 18.1.3, if applicable. 10.2.AVON RESPONSIBILITIES 10.2..1. The Town Manager, within five (5) business days of receiving the Sound Permit application, will notify the PRODUCER whether review and action will be done administratively or require action by the Town Council. If action is required by the Town Council, the Town Manager will notify the PRODUCER of the meeting date before the Town Council. 10.2.2. If action on the Sound Permit is administrative, the Town Manager shall take action within ten (1o) business days. 10.2.3. AVON agrees to waive the $25 Sound Permit Application Fee. 11. MARKETING 11.1. PRODUCER RESPONSIBILITIES 11.1.1. PRODUCER shall implement the Marketing Plan, which was provided in the 2o18 PRODUCER APPLICATION, and is attached to this Agreement as Attachment B. 11.1.2. In addition, the PRODUCER shall advertise through all media outlets, and with signage to be placed at PREMISES entrance/exit, Avon Transportation Center, pedestrians paths of ingress/egress, and parking lots the following: 1) no open containers are allowed within Avon; z) 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 mobility information. 11.1.3. 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 2o18 EVENT for use by AVON in any and all AVON marketing and or promotions, which may include, but is not limited to print, web, social channels, etc. 11.2. AVON RESPONSIBILITIES 11.2.1.AVON will post on its website, content, provided from the PRODUCER, within five (5) business days after receipt of "posting ready" materials from the PRODUCER. Content 6 1 P a g e may include a high-resolution EVENT logo and up to five (5) professional quality reproducible photographs and edited video, not to exceed ninety (go) seconds. 11.2.2. AVON shall disseminate PRODUCER prepared press releases and Facebook postings, as soon as possible, once received from the PRODUCER. 11.2.3. AVON will post the EVENT in its "all 2018 events" website postings and press releases. 11.2.4. In addition to the "Exempt Admissions" authorized by Resolution 15-o8, AVON will make available up to three hundred (30o) additional "Exempt" single -day admissions (Complimentary Media) to the PRODUCER specifically for marketing purposes. 12. PRODUCER TICKET SALE SYSTEM AND EVENT ADMISSION PRODUCER shall notify the Town Manager, which ticket seller will be used for the EVENT, within thirty (30) days of execution of this Agreement. PRODUCER agrees that all ticket sale information shall be made available to the Town Manager from the PRODUCER'S ticket seller, in order to: 1) Plan for attendee service needs; z) Document the number of persons in the PREMISES on the EVENT day; and, 3) Provide the necessary information to calculate the Town of Avon Admission Ticket Fee (see Section 17). 12.1. PRODUCER RESPONSIBILITIES: TICKET SALE INFORMATION By not later than 5:00 p.m., sixty (6o) days prior to the EVENT, the PRODUCER shall provide to AVON a copy of the executed third -party agreement with the ticket seller and procedure for AVON to receive ticket sale information prior to the EVENT and final accounting after the EVENT. 12.2. AVON RESPONSIBILITIES: APPROVAL OF ADMISSION ACCOUNTING SYSTEM Within five (5) business days of receipt of the PRODUCER information required in Section 16.1, the Town Manager will approve the information or state any modifications that need to be made. 12.3. EVENT ADMISSION BY WRISTBAND PRODUCER agrees that all admissions shall require a wristband, in order to document the number of persons in the PREMISES on any given day; and, assist with security of the PREMISES. 12.3.1.1. PRODUCER RESPONSIBILITIES By not later than 5:00 p.m., thirty (30) days prior to the EVENT the following information shall be provided: 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, single -day VIP paid admissions, single -day including staff, crew, vendors, performer, artist, volunteer, AVON crew, AVON Town (section 19.2) , and all single day complimentary admissions. 71 Page 12.3.2. 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. 12.3.3• Purchase manifest(s) detailing the PRODUCER'S wristband order and 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. 12.4.AVON RESPONSIBILITIES: Within five (5) business days of receipt of the PRODUCER information required in Section 16.1, the Town Manager will approve the information or state any modifications that need to be made. PRODUCER and AVON agree to work in an expeditious manner to finalize the wristband requirements, if modifications are required. 13. ADMISSION ACCOUNTING PROCESS 13 -1 -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. Information on Paid Admissions shall be from the PRODUCER'S ticket agency reporting system. Complimentary Admissions shall be provided as totals by wristband category. AVON shall have the right to request and receive a detailed Complimentary Admissions list at any time. 13.1.2. PRODUCER REPORTING: ADMISSION REPORT #2 PRODUCER shall provide to the Town Manager an accounting of all Paid and Complimentary Admissions within five (5) business days after the EVENT. 13.1.3• AVON RESPONSIBILITIES: AVON retains the right to review the admission reports, including access to the ticket agency system, Complimentary Admissions accounting and wristband distribution data, to answer admission questions and/or to audit the reports. 14. ADMISSION TICKET FEE PRODUCER acknowledges and agrees that the EVENT is subject to Resolution 15-18 — Avon Admission Ticket Fee. Resolution 15-18 is provided as Attachment C. Online ticket purchases and any other paid ticket admissions shall state on the ticket that the purchase includes the "Town of Avon Admission Ticket Fee $3 per Day". 16.1 Any tickets purchased through the PRODUCER'S ticket agency system, which are 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. 16.2 The Avon Town Manager and the PRODUCER shall meet five (5) days after the EVENT to calculate the Admission Ticket Fee, from Admission Report #2 16.3 Payment, as required in Resolution 15-18, shall be made not later than thirty (3o) days after the 8 EVENT. 15. AVON CASH AND IN-KIND SPONSORSHIP & USE OF FUNDS 15.1. PAYMENT OF CASH FUNDS SCHEDULE Cash funding of $9,491.00 was appropriated by the Avon Town Council to support the EVENT. Funds will be released as follows: 15.I.I.Eighty percent (8o%) within ten (1o) business days of execution of this Agreement by both parties. 15.1.2. Twenty percent (zo%) after post -EVENT inspection and payment for damage to AVON assets or the PREMISES, if any, completion of after -EVENT staff and Ad Hoc Special Event Committee review meetings, and receipt and approval of Post -Event Survey. 15.2. 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 2018 PRODUCER'S APPLICATION. 15.3• USE OF IN KIND -SUPPORT AVON shall provide in-kind support to PRODUCER as shown in Attachment D, in an amount not to exceed $3,565.0o. The Town Manager shall track the in-kind expenses and notify the PRODUCER at any time the award level is being approached. 16. AVON BENEFITS ASA SPONSOR 16.1 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 (30) 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. 16.2 COMPLIMENTARY ADMISSIONS PRODUCER shall provide complimentary admission for the following attendees: 16.2.1 AVON staff providing services, in-kind and/or paid, as approved by the Avon Town Manager. 16.2.2 Transferable VIP Full Pass for the Avon Town Council and Town Attorney, plus one guest for each of the aforementioned, for a total of sixteen (16) VIP passes. 16.2.3 Transferable general admission passes for the Ad Hoc Special Events Committee, plus one guest for a total of twenty (20) passes. 16.2.4 VIP All Access Pass Admission and credential (if applicable) for the Avon Town Manager, Special Events Manager, Special Events Production Assistant and Town Engineer. 17 SUCCESS METRICS —EVENT INTERCEPT SURVEY/POST-EVENT SURVEY 9 17.1 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 thirty (3o) days of the last day of the EVENT. 17.2AVON RESPONSIBILITIES 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. 18 POST EVENT REVIEWS The Town Manager and PRODUCER, and respective key staff, shall meet on July 10, 2018, at g:oo a.m., in the Avon Town Hall to review the EVENT. The meeting date may be changed with agreement by the parties. The PRODUCER shall meet with the Ad Hoc Special Events Committee at its regular meeting following the completion of the post -event survey, or as soon as practicable. i9 DAMAGE DEPOSIT 19.1 PRODUCER RESPONSIBILITIES PRODUCER has asked to forgo providing a damage deposit. In doing so, the PRODUCER recognizes all liability of damages occurred via negligence or willful misconduct during usage of the PREMISES are entirely the PRODUCER's responsibility and PRODUCER shall cover all costs of repairs and replacements. 20. INSURANCE & INDEMNIFICATION 20.1 PRODUCER RESPONSIBILITIES 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. 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 in attendance shall include: $1,000,000 per occurrence primary coverage, and $2,0oo,000 annual aggregate; 30 days' written notice of cancellation; host and general liquor liability insurance in the same amounts listed above if applicable; $1,000,000 personal and advertising injury coverage; and $50,000 fire damage. For attendance greater than 1,000, the requirements are as follows" 10 ATTENDANCE 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 1 $1M $1M $50,000 $1M 3,001— 5,000 $1M $5M I $1M I $1M 1 $50,000 $1M 20.2 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. 20.2.1 PRODUCER shall provide written evidence of all insurance coverage required in this paragraph 23.1.2 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. 20.2.2 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. 20.2.3 PRODUCER shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to paragraph 25.1 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. 20.2.4 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. 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 11 (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, 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 AVON TRADEMARKS 23.1 Avon's Marks, including EVENT logos, are and shall remain the sole and exclusive property of AVON. PRODUCER shall not hold itself out as having any ownership rights with respect to AVON's Marks or, except as may be specifically granted hereunder, any other rights herein. Any and all goodwill associated with any such rights shall inure directly and exclusively to the benefit of AVON. 23.2 Subject to the terms and conditions of this Agreement, AVON hereby grants to PRODUCER a non-exclusive, non -transferable, revocable and limited license to reproduce AVON's Marks in connection with (1) the EVENTS; and, (2) carrying out any other PRODUCER obligations under this Agreement. Except as expressly permitted hereunder, PRODUCER hereby covenants and agrees that it will make no use of Avon's Marks. PRODUCER shall have no right to sublicense its rights under this license. 23.3 PRODUCER'S use of AVON's Marks shall be strictly subject to the prior written approval of the Town Manager, which approval may be granted or withheld in Town Manager's discretion. Notwithstanding any provisions hereof to the contrary, prior to the printing or reproduction of any AVON Marks pursuant to this agreement, PRODUCER shall provide AVON with samples of all such materials for AVON's review and approval or disapproval. 12 23.4 Any trademarks, logos or other intellectual property developed by AVON or by PRODUCER in connection with its EVENTS services provided hereunder shall be the property of AVON. 24 NOTICES Any notice to either party under this Agreement shall be in writing to the following addresses: PRODUCER Managing Partner, Carolyn Hassell 4454 Tennyson Street Denver, CO 80212 Via Email: carol n brewfestevents.com AVON Town Manager, Town of Avon Post Office Box 975 Avon, CO 81620 Via Email: vegger@avon.org 25 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. 26 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. 27 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. 13 28 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. 29 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. 30 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. 31 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. 32 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. 14 33 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; PRC BY: 15 DATE: f 7 DATE: 3 ` 7`� / 7- 7�7 =,7 Shelton l ' - Tetra on Performa.^-.ie ikon at Hp,�y,A.Wlle r Ir or s 1c> _ Hafry 0 i am 1 4,� 1 en g ivy IL - B .. err; , .B ear lc 'IaC:Agaves any CSO Inn Near, =f Creek s ax <4V aIrz Lake ;Vot"di gham park, Aga v ,��• x" i .s ," 1h. �n ��rfj7 sN"w � #_ • � +v`• yiaR v „ �� ,py �•.: : , loll"""' 4¢ a ,r ;« 7: 1.RR4:ems tCaNs*��• � �1t„��� a., � _. wl-�'w� . _ 8ea,�er.Cie�k+8hrd� ,..• '- � -�. �++ ATTACHMENT B Marketing Plan as Presented in 2o18 Special Event Application a. Through our years managing the festivals in Denver we have found that a mix of advertising in the Westward, billboards, advertising in bathroom stalls, gasters. posters and flyers have been effective. We are continually working to improve our street team efforts. A few weeks before each festival one of our partners goes on the Everyday Show and Good Day Colorado with someone else from our event (nonprofit, bands, food trucks, breweries, photo booth, etc) to promote the festival, With this particular activation :roe provide free tickets to them, which they then sett for half price to pay for our spot. We will also increase our press efforts for this new event and would like to work Arith you on the announcement. In addition, we spend advertising dollars on Facebook. Snapchat and Instagram. If the event is in May we will promote the event at our January beer festival in Denver. If the event is in September then v e will promote the event at our July beer festival in Denver. Promotions would include a coupon for $5 off ticket prices for those,.roho attended our Denver festival in 2018. We would also invite our database to this new event. b. We would love to give these a,.vay on radio, television, or at your discretionfrecommendation. If possible we would like to partner :with some local companies to reach out to their fan bases through social media contests, email invites, etc. c. We will solicit past sponsors and try to build our base with local businesses 18 ATTACHMENT C TOWN OF AVON, COLORADO RESOLUTION 15-18 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 13-26A 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. 19 (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 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 (3o) 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." Til 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 cause to be made the examination, inspection or audit of books, invoices, accounts and other records so kept or maintained by such Vendor. Section g - 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 io — 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 ii - 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. 21 ATTACHMENT D In-kind Grant Benefits The Town of Avon is committed to assisting producers, who are staging events at any one of Avon's publicly -owned venues. As such, the Town may grant in-kind benefits to a producer to help facilitate use of any facility. In-kind support includes the following: ■ Facilities: Facilities are made available, at no charge to the producer, but do require a damage deposit. Avon's Facilities include: Avon Performance Pavilion, Harry A. Nottingham Park lower and upper fields, Nottingham Lake, the Recreation Cabin, Town Hall meeting rooms, Possibility and Lettuce Shed Lane Plazas, the Main Street Mall and public right-of-ways and parking lots. Assets: Assets made available to reduce the costs of production in Town venues. No fee is charged for use, but a damage deposit is required. Examples include: tents, electric cords, turtle boxes, stadium barricade, zero hero tents, coolers, chairs, signage, etc. Town equipment, including use of a gator and/or lift truck, are also made available, when required, for venue set- up/tear-down and on-site operations. Services: Many of the service requirements for any event can be met with the producer's own crew and volunteers, ranging from sound and light staging to trash and recycling. The Town recognizes, however, certain venue set-up requirements, use of assets and on-site information is needed to help producers use the outdoor venues successfully. Common services provided by the Town include: Facility operations information, delivery of assets, instruction on asset utilization and placement, closing of roads and parking lots, delivery of VMS boards for event information. Volunteers: The Town solicits volunteers each year to help with events directly produced by the Town. At the time of recruitment, Town volunteers are asked if they would like her or his name made available to private event producers. The Town makes those persons contact information to private event producers on a request only basis. Town staff also can make recommendations to producers on how best to recruit volunteers in the region. Based upon the 2018 Special Event Application filed with the Town of Avon, the following In-kind grant benefits are being provided: I. Facility(s) — No Charge FACILITY(S): DATES AND HOURS: See Section 6 ■ Avon Upper Field ■ Avon Cabin ■ Parking Lots shown on Attachment A and listed in Section 3 ■ Beaver Creek Elk Lot (subject to approval by BCRC ■ Avon Elementary School Parking Lot 22 II. Assets —No Charge 23 ASSETS RESOURCE RECOVERY QUANTITY AVAILABLE QUANTITY GRANTED Zero hero tents 14 14 Nifty nabber cans 35 35 RRR flag banners 89 89 Weighted stand for flag banners 6 6 Wire recycle center 4 4 ELECTRICAL SUPPLIES QUANTITY AVAILABLE QUANTITY GRANTED 50 ft. 6/4 spider box cord 22 22 3ft. 3 channel cable protector 26 26 Turtle Boxes — 6/ 110 outlets each 8 8 Tuff Box Feed Thru 400 Amps 120/208V - 4 x 50A California style (125/250v) 2 2 50 ft. Cords (50 amps) 3 3 50 ft. Cords (400 amp) 3 3 100 ft. Cords (50 amps) 11 11 100 ft. Cord (200 amp) 1 1 Tails (400 amp) 5 5 Cable ramps — 3 ft. 40 40 Other: Patio Heaters (Does not include propane) 4 4 SOUND EQUIPMENT QUANTITY AVAILABLE QUANTITY GRANTED Sound board** 1 1 Microphone ** 1 1 Speakers 3 3 Movie screen 1 1 Projector 1 1 Scaffolding for Projector 1 1 TENTS QUANTITY AVAILABLE QUANTITY GRANTED White Tents 10 x 10 4 4 10x10 Air Dome Tent 5 5 17x17 Air Dome Tent 1 1 Air Dome Weights 24 24 Tent weights 60 60 ASSETS CHAIRS/TABLES QUANTITY AVAILABLE QUANTITY GRANTED Adirondack chairs 30 30 Birchwood Folding Banquet Table — 8ft. (30" x 96") 4 4 Birchwood Folding Banquet Table — 6ft. (30" x 72") 1 4 4 23 Cocktail Tables (30" round; 42" pole) 10 10 Orange water coolers 4 4 Coolers 10 10 Resin folding chairs 70 70 Birchwood round tables (72") 10 10 FENCING QUANTITY AVAILABLE QUANTITY GRANTED Stadium Barricade (8ft/section) 170 sections TBD Blue Scrim (ft) 2,000 TBD Green scrim (ft) 1,050 TBD TOWN EQUIPMENT QUANTITY AVAILABLE HOURS GRANTED Genie Lift Truck 1 Street Sweeper 1 Gator/Golf Cart 1 CONDITIONS 1. Delivery times of assets and return times are set once the Town Manager receives the Set -Up and Tear -down plans (See Section 5). 2. Once assets are delivered to the PRODUCER, the PRODUCER shall have sole responsibility for the assets. Assets are generally delivered to the Avon Performance Pavilion's west event plaza. 3. Following the EVENT, all assets shall be returned to the Avon Performance Pavilion's west event plaza or a previously designated return location. Staff will be available to check in the assets, with the PRODUCER, and review for lost or damaged assets. 4. Producer of Town Equipment requires that PRODUCER crew be adequately trained and adequate liability insurance. 5. Any damage to in-kind assets will be deducted from the final cash payment and/or Damage Deposit. 24 III. Services — No Charge SERVICES TOTALVALUE HOURS SERVICE SERVICE DESCRIPTION COST/HOUR HOURS GRANTED GRANTED Special Events Manager EVENT ADMINISTRATION, COORDINATION, N/A AS NEEDED NOT CALCULATED ON-CALL Special Events Production Assistant EVENT ADMINISTRATION, COORDINATION, N/A AS NEEDED NOT CALCULATED ON-CALL Public Works Management EVENT ADMINISTRATION, COORDINATION, $58.57 AS NEEDED NOT CALCULATED ON-CALL Internet Servi ce Pre -eve nt internet password a nd check; On- $1.00 AS NEEDED NOT CALCULATED Call Facility Operations/Town Engineer Pre -event operationa l check, On -Call $1.00 AS NEEDED NOT CALCULATED Locate Irrigation System Mark irrigation with cones and paint to $36.22 2 $72.44 ensure safe Ingress/egress. Snow Fence Install Drilling holes and securing fencing. $36.22 24 $869.28 Drop and Program VMS Boards Location and messaging to be determined $36.22 2 $72.44 in transportation plan. Close Parking Lots (Map of Parking Closed with signage; Staffed by PRODUCER Lots included on Schematic) crew orvolunteers $36.22 2 $72.44 Close Lake Street Closed with barrels. Staffed by PRODUCER $36.22 1 $36.22 crew orvolunteers. Instruction on Electric Assets and Instruction on electric assets and $52.04 2 $104.08 Locations specifications. Drop cones, barrels, etc. Does not include setting -up. $36.22 1 $36.22 Call in locates to Colorado 811 Dependent on an accurate site -map of $1.00 1 $1.00 tents, stakes, etc. Set-up and Breakdown 9:00 a.m.-12:00 p.m. and 4:00 p.m. -6:00 p.m. $36.22 36 $1,303.92 Shuttle Services Bus service,when needed, forprivate $83.00 12 $996.00 parking Iots TOTAL VALUE GRANTED: $3,564.04 CONDITIONS Service dates and hours are established by AVON once the Set-up and Tear -down Plans are received (See Section 5). AVON On -Call: Staff is available by call/text to troubleshoot and assist producers during the EVENT. The primary contact for all on-call staff will be the Special Events administrator on call. 25