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2018 TOWN OF AVON SPECIAL EVENT AGREEMENT
FOR THE
Zoppe Italian Family Circus
THIS AGREEMENT ("Agreement") is made and entered into on January 1, 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, 81620 and
Get Connected Events ("PRODUCER") with its principal offices at P.O. Box 1132,
Arvada, Colorado 80001.
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 Zoppe Italian Family Circus
("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 $100 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.
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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/specia[events.
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 (10) business days of
execution of this Agreement
1.4. PRODUCER shall provide to the Town Manager the PRODUCER'S chain of
command within ten (10) business days of execution of this Agreement.
2. 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 500 based upon the following types of
attendees:
Number participants as paid or free ticket buyers, registered competitors,
etc.: 1,500
Number of spectators, if applicable: Non -applicable
Number of artists, exhibitors, vendors, etc.: 20-30
Number of event staff - paid or volunteer, including contractors: 6
Total Attendance Per Day: 200 per show
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, all paths of access leading to and from the
Pavilion, the Park Log Cabin and Playground, but not including the Pavilion, Avon
Recreation Center, Picnic Shelter, 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 10).
4. DATES AND HOURS OF USE
4.1NON-EXCLUSIVE USE
PRODUCER is granted the non-exclusive use of the PREMISES for the sole
purposes of: 1) EVENT set-up on September 4, 2018 through September 6,
2018, from 8:00 a.m. to 10:00 p.m.; and 2) EVENT break -down and site clean-
up on September 10, 2018,September 10, 2018 from 8:00 a.m. to 11:00 p.m.
and if needed September 11, 2018 from 8:00 a.m. to 5:00 p.m.
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4.2EXCLUSIVE USE
PRODUCER is granted an exclusive use of the PREMISES on September 7, 8,
9, 2018, from 8:00 a.m. to 11:59 p.m. for the EVENT.
4.3CHANGE 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
5.1PRODUCER 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 (30) 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.
5.2AVON 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 September 4, 2018 at 11:00
a.m., before the PREMISES are released to PRODUCER.
6.2 PREMISES USAGE
The following guidelines shall be observed for usage of the PREMISES:
6.2.1 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.
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6.2.2 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. The Town will mark all
sprinkler heads and all utility lines by September 3, 2018.
6.2.3 PRODUCER shall not make alterations, additions or improvements
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.
6.2.4 PRODUCER shall ensure there is lighting on the perimeter fence, along
the recreational path to backstage, behind concessions, to
vendor/sponsor/VIP tents, portable restrooms, public pathways to/from
parking lots, parking lots and to the Box Office.
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.
6.2.8 Internet - 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.
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 100 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 fifteen (15) business
days prior to the EVENT of the desired EVENT Wi-Fi password.
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 September 11, 2018 at 5:00
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. SECURITY SERVICES
7.11PRODUCER RESPONSIBILITIES
PRODUCER shall assure the EVENT will be operated in a safe and secure
manner and provide for all security needs for the EVENT.
7.1.1 Security requirements shall meet the audience profile. Event staff will
manage basic security and will call 911 in case of emergency.
8. SANITATION & RESOURCE RECOVERY
8.1.PRODUCER RESPONSIBILITIES
PRODUCER shall provide for the sanitation facilities, resource recovery
(composting and recycling) cleanliness and cleaning needs of the EVENT site
(circus tent, RV area, animals). A trash dumpster for animal waste will be
provided by the PRODUCER. The on-site Town dumpster will be available to
PRODUCER for regular event related trash.
9. PARKING
AVON, based upon event experience in the town, to date, has determined that
parking space requirements for events shall be as follows:
Attendance Parldng Space Estimate
1500 or fewer persons 188
1501- 2,000 persons 250
2,001-3,000 375
3,001or greater TBD
10.1 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 (60) days prior to the first date
of the EVENT.
10.2 Once parking lots are secured, the PRODUCER will be responsible for
staffing, lighting,
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signage, and sanitation, and any insurance requirements. Additional
parking lots will not be secured for this event as the current public parking
available is sufficient for the crowd size.
10.3 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 (60) 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 (10)
business days prior to the first day of the EVENT.
11.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.
12.AMPLIFIED SOUND PERMIT
12.1 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 (60) days prior to the first day of the EVENT. The
Application will include, if applicable:
12.1.1 PERFORMANCE TIMES - Dates and times of all performances and/or
announcements will be listed. September 7, 2018 performances at
4pm and 7pm, September 8, 2018 performances at 1pm, 4pm and
7pm, September 9, 2018 performances at 1pm and 4pm.
12.1.2 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.
12.1.3 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.
12.1.4SOUND PENALTY
PRODUCER acknowledges and agrees that strict adherence to the
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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 ($100.00) 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.
PRODUCER acknowledges and agrees to pay the sound penalty
assessed, by not later than 5:00 p.m., thirty (30) 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.
12.2 AVON RESPONSIBILITIES
12.2.1The 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.
12.2.2 If action on the Sound Permit is administrative, the Town Manager
shall take action within ten (10) business days.
12.2.3AVON agrees to waive the $25 Sound Permit Application Fee.
13.VENDOR LICENSING & PAYMENT OF SALES TAXES
13.1 PRODUCER RESPONSIBILITIES
13.1.1 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 and 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.
13.1.1. PRODUCER shall register for a Business License with the
Town of Avon; there is a fee
assessed for this license. The Business License, and instructions, can
be found at www.avon.ora , "Business License" button, located under
the Finance tab at the top of the screen.
13.1.2 PRODUCER shall register for a Sales Tax License with the Town of Avon;
there is not a fee assessed for this license. The Sales Tax License, and
instructions, can be found at.www.avon.org, "On -Line Payments"
button, located at the bottom of the screen.
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A PRODUCER, who has 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 PRODUCER needs assistance, contact
support@munirevs.com or call 888-751-1911.
A PRODUCER, who is currently registered, will access by clicking
"Existing Users"; they will login to their account and access "Manage
Your Business" to register for a Sales Tax License. If a PRODUCER
needs assistance, the PRODUCER should contact
support@munirevs.com or call 888-751-1911.
13.1.3The PRODUCER shall collect and remit sales tax for any vendor
engaged in selling at the EVENT.
13.1.4PRODUCER 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.
13.2 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.
14.MARKETING
PRODUCER RESPONSIBILITIES
14.1. PRODUCER shall implement the Marketing Plan, which was provided in
the 2018 PRODUCER APPLICATION, and is attached to this Agreement as
Attachment B.
14.1.1. Signage, provided by the Town, is to be placed at PREMISES
entrance/exit, Avon Transportation Center, pedestrians paths of
ingress/egress, and parking lots of the following: the following: 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 mobility information. PRODUCER will post a sign with
this info at Box Office on site and will also include this info on the online
ticket disclaimer.
14.1.2. PRODUCER agrees to provide AVON, by not later than sixty (60)
days after the EVENT, not fewer than five (5) professional quality
reproducible photographs and not less than ninety (90) seconds of edited
video from the 2018 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.
14.2. AVON RESPONSIBILITIES
14.2.1. 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 may include a high-resolution
EVENT logo and up to five (5) professional quality reproducible
photographs and edited video, not to exceed ninety (90) seconds.
14.2.2. AVON shall disseminate PRODUCER prepared press releases and
Facebook postings, as soon as possible, once received from the
PRODUCER.
14.2.3. AVON will post the EVENT in its "all 2018 events" website
postings and press releases.
14.2.4. In addition to the "Exempt Admissions" authorized by Resolution
15-18, AVON will make available up to five hundred (500) additional
"Exempt" single -day admissions (Complimentary Media) to the
PRODUCER specifically for marketing purposes.
15.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; 2) 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).
15.1 PRODUCER RESPONSIBILITIES: TICKET SALE INFORMATION
By not later than 5:00 p.m., sixty (60) 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.
15.2 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.
15.3 EVENT ADMISSION BY TICKET
PRODUCER agrees that all admissions shall require a ticket, in order to
document the number of persons in the PREMISES on any given day; and,
assist with security of the PREMISES.
15.3.1PRODUCER RESPONSIBILITIES
By not later than 5:00 p.m., thirty (30) days prior to the EVENT the
following information shall be provided:
15.3.1.1 The 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 ticket include,
may include, but are not limited to:
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• Single -day General Paid Admissions
• Multi -day General Paid Admissions
• Single -day VIP Paid Admissions
• Multi -day VIP Paid Admissions
• Single -day Complimentary VIP
• Multi -day VIP Complimentary
Admissions
• Complimentary Media
• Single -day Complimentary
Admissions including, staff, crew,
vendors performer, artist, volunteer,
AVON crew, AVON Town (Section
19.2)
• Multi -day Complimentary
Admissions, including staff, crew,
vendors, performers, artists,
volunteer, AVON crew, AVON Town
(Section 19.2)
15.4 Purchase manifest(s) detailing the PRODUCER'S ticket
order and 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.
15.4.1AVON 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 ticket requirements, if modifications are required.
15.5 ADMISSION ACCOUNTING PROCESS
15.5.1 PRODUCER REPORTING: ADMISSION REPORT #1
PRODUCER shall provide to the Town Manager an accounting of all
Paid and Complimentary Admissions ten (10) 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 ticket category. AVON
shall have the right to request and receive a detailed
Complimentary Admissions list at any time.
15.5.2 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.
15.5.3AVON RESPONSIBILITIES: AVON retains the right to review the
admission reports, including access to the ticket agency system,
Complimentary Admissions accounting and ticket distribution data,
to answer admission questions and/or to audit the reports.
16.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".
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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 two (2)
days after the EVENT on September 11, 2018 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 three (30) days after the EVENT.
17.AVON CASH AND IN-KIND SPONSORSHIP & USE OF FUNDS
17.1 PAYMENT OF CASH FUNDS SCHEDULE
Cash funding of $32,017.00 was appropriated by the Avon Town Council
to support the EVENT. Funds will be released to the PRODUCER as
follows:
17.1.lEighty percent (80%) within ten (10) business days of execution of
this Agreement by both parties.
17.1.2Twenty percent (20%) 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.
17.2 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.
17.3 IN-KIND SUPPORT
AVON shall provide in-kind support to PRODUCER as shown in Attachment
D, in an amount not to exceed $523.00. The Town Manager shall track
the in-kind expenses and notify the PRODUCER at any time the award
level is being approached.
18.AVON BENEFITS AS A SPONSOR
18.1 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 (60) days in
advance of the publication.
18.2 COMPLIMENTARY ADMISSIONS
PRODUCER shall provide complimentary admission for the following
attendees:
18.2.1AVON staff providing services, in-kind and/or paid, as approved by
the Avon Town Manager.
18.2.2Transferable 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.
18.2.3Transferable general admission passes for the Ad Hoc Special
Events Committee, plus one guest for a total of twenty (20) passes.
18.2.4VIP All Access Pass Admission and credential (if applicable) for the
Avon Town Manager, Special Events Manager, Special Events
Production Assistant and Town Engineer.
19. SUCCESS METRICS - EVENT INTERCEPT SURVEY/POST-EVENT SURVEY
19.1 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 (30) days of the last day of the EVENT.
19.2 AVON 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 (60) days of AVON receiving
the final report.
20.POST EVENT REVIEWS
The Town Manager and PRODUCER, and respective key staff, shall meet on
September 11, 2018, at 11:00 a.m., in the Avon Town Hall to review the
EVENT. The meeting date may be changed with agreement by the parties.
21.DAMAGE DEPOSIT
21.1 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.
22.1AVON RESPONSIBILITIES
The damage deposit, less any appropriate funds for payment, if any, shall
be refunded to PRODUCER not later than three (3) business days after the
last day of the EVENT, unless AVON determines that funds need to be
retained longer to evaluate the intended uses of the funds, including
payment of the Admission Fees. The Town Manager may allow any
damage fees due and/or the Admission Fees to be paid from the last cash
payment to the PRODUCER, in whole or in part, if monies are sufficient to
cover these payments (Section 18.1.3).
23.INSURANCE & INDEMNIFICATION
23.1 PRODUCER RESPONSIBILITIES
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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 $2,000,000 annual aggregate; 30 days' written notice of cancellation;
host and general liquor liability insurance in the same amounts listed
above if applicable; $1,000,000 personal and advertising injury coverage;
and $50,000 fire damage. For attendance greater than 1,000, the
requirements are as follows"
ATnTMANM
units Per
omrrenae/
til a na lls
Host
Aggregate Liquor
LiabilityI
Personal &
Advertising
Fire
A Dnmbile
1001-2,000
$JM
$3M $7M
$7M
$50,000
$JM
2,001- 3,000
$am
$4MM $7M
$JM
$50,000
$JM
3,001- 5,000
$JM I
$5M I $]M
I $JM 1
$50,0001
$JM
23.1.1 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.
23.1.2 PRODUCER shall provide written evidence of all insurance coverage
required in this paragraph 23.1.2 to the Town Manager no later than
thirty (30) days prior to the first day of the EVENT. All required
insurance policies shall be non -cancellable without thirty (30) days
prior written notice to AVON.
23.1.3The 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 24-10-101 et seq., 10 C.R.S., as
from time to time amended, or otherwise available to AVON, its
officers, agents, or employees.
IV 13
23.1.4 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.
23.1.5AI1 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.
24.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.
24.1 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.
24.2 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 (90)
days prior to the first day of the EVENT, PRODUCER shall pay AVON five
thousand dollars ($5,000) as liquidated damages within thirty (30) 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.
25.RELEASE OF LIABILITY
25.1 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
14
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.
25.2 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.
26.AVON TRADEMARKS
26.1 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.
26.2 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.
26.3 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.
26.4 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.
27.NOTICES
Any notice to either party under this Agreement shall be in writing to the
following addresses:
PRODUCER
President, Gina Hallisey
Post Office Box 1132
Arvada, CO 80001
Via Email: gina@getconnectedevents.com
AVON
15
Town Manager, Town of Avon
Post Office Box 975
Avon, CO 81620
Via Email: vegger@avon.org
28.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.
29. RENEWAL 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.
29.1 The Producer/Agent who is executing this Agreement on behalf
of Artist represents that she has the full power and authority to bind Artist
on whose behalf she is executing this Agreement and acknowledges that
she is making this representation with the understanding that Presenter is
relying thereon. Presenter agrees that any future bookings of the Artist
will be through the Producer, Get Connected Events, as the Agent of
Record.
30.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.
31.Survival of Terms and Conditions - The parties understand and agree that all
terms and conditions of the Agreement that require continued performance,
16
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.
32.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.
33.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.
34. 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.
35.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
17
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.
36.Non-Liability of Town for Indirect or Consequential Damages or Lost Profits -
The parties agree that Avon shall not be liable for indirect or consequential
damages, including lost profits that result from Avon's declaration that the
PRODUCER is in default of the Agreement, so long as Avon acts in good faith.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
TOWN OF AVON
By and Through Its
Town Manager
BY: DATE:
Virginia C. Egger, Town Manager
PRODUCER �{ BY �`"�'DATE: 4/5/2018
Gina Hallisey, PRODUCER
ATTACHMENT A
Premise and Parking Lots
18
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Some in-kind marketing sponsorship was procured for the 2017 marketing plan which helped us
tremendously but not as much as we would have liked. The plan for 2018 will be similar to 2017 but we
anticipate more exposure will be needed if we do a 10 day run with Labor Day in there and more money
will need to be invested into marketing. Collateral distributed will be 200 posters and 10,000 circus
bucks. Pole banners in round -a -bouts 3 and 5 and possibly adding the bridge banner if available,
banners by the lake and Avon elementary school for visual exposure. Online presence on
zoppecolorado.com, zoppe.net, coloradokids.com (and all their sites), Eagle County Schools website,
Everything Vail Valley, Facebook, Vail Daily online and in the Vail Daily weekly and daily papers. Radio
mentions with ticket giveaways on KZYR, KKVM, and La Nueva. We hope to engage more local
businesses in 2018 to solicit cash sponsorship and market the circus directly to locals via businesses.
We will most likely need to again do 500 comps (and maybe 600 comps with two weekends) to get the
local media support and buzz going.
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 13-26 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
22
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 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.
�# 23
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 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.
24
Section 11 - 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.
ATTACHMENT D
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.
■ 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 3
■ Avon Upper Field ■ Beaver Creek Elk Lot (subject to
■ Parking Lots shown on approval by BCRC
Attachment A and listed in
Section 10
27
II. SERVICES — NO CHARGE
SERVICES
TOTALVALUE
HOURS
SERVICE
SEFMCEDESG IPTION
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 ADMINI STRATI ON, COORDINATION,
$58.57
AS NEEDED
AS NEEDED
ON-CALL
Internet Service
Pre -event internet password and check; On -
$1.00
AS NEEDED
AS NEEDED
Call
Faci lity Operati ons/Town Engineer
Pre -event operational check, On -Call
$1.00
AS NEEDED
AS NEEDED
Locate Irrigation System
Mark irrigation with cones and paint to
$36.22
4
$144.88
ensure safe l ngress/egress.
Snow Fence Install
Drilling holes and securing fencing.
$36.22
0
0
Drop and Program VMS Boards
Location and messagingto be determined
$36.22
1
$36.22
in transportation plan.
Close Parking Lots (Map of Parking
dosed with signage; Staffed by PRODUCER
$36.22
4
$144.88
Lots Included on Schematic)
crew orvolunteers
Close Lake Street
Closed with barrels. Staffed by PRODUCER
$36.22
0
0
crew orvolunteers.
Instruction on Electric Assets and
Instruction on electric assets and
$52.04
1
$52.04
Locations
specifications.
Drop cones, barrels, etc
Does not include setting -up.
$36.22
4
$144.BB
Call in locates to Colorado 811
Dependenton an accurate site -map of
$1.00
0
0
tents, stakes, etc.
Shuttle Services
Bus service, when needed, for private
$83.00
0
0
parking lots
TOTAL VALUE GRANTED;
$522.90
CONDITIONS
1. Service dates and hours are established by AVON once the Set-up and Tear -down Plans are
received (See Section 5).
2. 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.
E