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TC Packet 01-30-2019 Retreat TOWN OF AVON, COLORADO TOWN COUNCIL RETREAT WEDNESDAY, JANUARY 30, 2019 RETREAT BEGINS AT 12:00 P.M. AVON TOWN HALL | MOUNT HOLY CROSS ROOM | 100 MIKAELA WAY, AVON, CO 81620 _____________________________________________________________________________________ MEETING AGENDAS & PACKETS: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER AND AVON PUBLIC LIBRARY 1. CALL TO ORDER 12:00 P.M. 2. ROLL CALL 3. ICE BREAKER 12:05 P.M. 4. SPECIAL EVENTS 12:25 P.M. 4.1. 2019 SPECIAL EVENTS CALENDAR UPDATE 4.2. VISION AND GOAL SETTING: PLUG AND PLAY VENUE VS. FESTIVAL VENUE 4.3. DISCUSSION OF ANNUAL SPECIAL EVENTS FUNDING AND 2020 BUDGET 4.4. SPECIAL EVENTS DECISION-MAKING AUTHORITY 4.5. ROLE OF THE AD HOC SPECIAL EVENTS COMMITTEE 4.6. SALUTE TO THE USA/FIREWORKS DISPLAYS 5. STRATEGIC PLAN 3:45 P.M. 5.1. 2019 STRATEGIC PLAN 5.2. COUNCIL PRIORITIES 5.3. RECOMMENDED CHANGES TO THE PLAN, IF ANY 6. WRITTEN REPORTS 6.1. LIQUOR LICENSING AVON PERFORMANCE PAVILION 6.2. ROI OF 2018 SPECIAL EVENTS 7. ADJOURNMENT 5:00 P.M. TOWN COUNCIL REPORT To: Honorable Mayor Smith Hymes and Avon Town Council From: Preston Neill, Acting Town Manager Louise Duncan, Special Events Manager Meeting Date: January 30, 2019 Topic: COUNCIL RETREAT SUMMARY: Council has a Retreat scheduled for Wednesday, January 30, 2019. The general topics for the Retreat include special events and the Strategic Plan. Please note that there are a variety of subtopics and issues that have been identified for discussion, which are listed on the agenda and in this memorandum to facilitate discussion. Staff hopes to achieve Council direction or consensus on each subtopic. SPECIAL EVENTS: 2019 SPECIAL EVENTS CALENDAR UPDATE Overview: Louise Duncan, Special Events Manager, will attend the Retreat to walk Council through the updated 2019 Special Events Calendar, which is included as Attachment 1. Background: On September 4, 2018 the Ad Hoc Special Events Committee (AHSEC) met to review 2019 special event applications with applicant representatives. Subsequently, each member of the AHSEC was charged with individually scoring each application prior to collectively scoring at the September 11, 2018 scoring and recommendation meeting. On September 25, 2018, Council met to review the AHSEC’s scoring and funding recommendations in a work session. It was at that meeting that Council decided not to make any changes to the ASHEC’s scoring and funding recommendations. In total, $502,400.00 were allocated for twenty-one events in 2019. The recommended $502,400.00 does not include any in-kind costs or services or costs associated with Avon PD. 2019 AHSEC Funding Recommendations: • Vail Valley Showcase Soccer Tournament: $7,000 • Cover Rock Music Festival: $32,400(No longer occurring in 2019.) • Vail Valley Brew Fest at Avon: $18,000 • Circus Bella: $31,000 • Circus Mountainous: $20,000 • Man of the Cliff: $10,000 • Dancing in the Park: $25,000 (In 2019, only one performances will occur. The performance will occur in conjunction with Lake Street Market and Avon LIVE.) • Bluegrass and Beyond: $50,000 (Negotiations have stalled due to promoter’s unresponsiveness. Staff recommends funding be reallocated and utilized for surveying services or placed in the reserve.) • Lake Street Market & Avon LIVE: $100,000 (Event promoters are working in partnership with AEG to secure talent. Staff recommends making reserve funds available if ideal talent becomes available to further strengthen the Town’s relationship with AEG.) • Friday Night Concert(s): $40,000 (Based on the Valley-wide events calendar’s emphasis on live music, staff recommends funding be reallocated and utilized for surveying services or placed in the reserve.) • Triple Bypass: $4,500 • MLT Championship: $30,000 • Haute Route: $30,000 • Volleyball of the Rockies: $5,000 • Purina Pro Plan Incredible Dog Challenge: no cash funding • Beaver Creek Rodeo: $10,000 • Vail Lacrosse Tournament: no cash funding • Salute to the USA Talent: $25,000 • Pop-Up Concerts: $2,000 • Gears-N-Beers: $12,500 • Egg Hunt: $10,000 • Birds of Prey: $40,000 (Funded and reviewed outside the AHSEC processes; final review and funding approval was made by Town Council in October.) Staff can provide specific updates and answer any questions about any of the special events listed above. Please note, the AHSEC’s recommended and funded 2019 events do not include any Recreation Center events (funded from the Recreation Center budget). In total, the Recreation Center will hold between eighteen to twenty-four events in 2019 most of which will operate out of Harry A. Nottingham Park during event busy season. VISION AND GOAL SETTING: PLUG AND PLAY VENUE VS. FESTIVAL VENUE Background: This topic was first discussed at the September 19, 2018 Council Retreat. Staff believes Council must continue this conversation by holding a goal setting or visioning discussion about the future of the Avon Performance Pavilion as a venue. In its current state, the venue caters to producers wanting to put on a festival-type event. The venue does not contain the features and equipment to be characterized as “Plug and Play”, making it much more expensive for producers to get their events ready to go. If Council desires to become more of a “Plug and Play” venue, Council will need to embark on creating a formal plan to make this happen, coupled with allocating money in the annual Capital Projects Fund budget to bring the plan to fruition. The improvements it would take to make the Avon Performance Pavilion venue more “Turn Key” or “Plug and Play” are expected to cost well over $1,000,000. Please keep in mind that that figure is a rough estimate. DISCUSSION OF ANNUAL SPECIAL EVENTS FUNDING AND 2020 BUDGET Background: The amounts allocated for event seed funding over the last several years has been as follows: $400,000 in 2017, $500,000 in 2018, and $500,000 in 2019. The Town spent $393,700 in 2016 and $297,221 in 2015 for seed funding events. Council has approved large special event budgets, working under the strategy of seed funding or assisting event promoters to build their events. Once an event becomes established, the strategy has been to slowly wane the amount of funding year over year. More specifically, the aim has been to reduce the amount of seed funding each year from the initial award, over a three-year period, to induce a privately funded, sustainable, signature event. Staff Recommendation: Staff recommends moving away from the seed funding model in 2020. Development of a Cultural Plan that includes entrepreneurial and community enrichment components, similar to Asheville, North Carolina’s Cultural Plan, should be completed prior to finalizing a 2020 budget. DECISION MAKING AUTHORITY Please refer to Eric Heil’s memorandum regarding “Special Events Decision-Making Authority”, labeled as Attachment 2. ROLE OF THE SPECIAL EVENTS COMMITTEE Background: At a Council work session on September 21, 2016, direction was given to create the AHSEC to guide the direction of future events in the Town. On January 10, 2017, Council appointed the AHSEC to review the process and procedures for the solicitation of special events, including establishing evaluation criteria and making recommendations for the funding and setting of dates. A significant change for 2018 and 2019 special event funding has been a solicitation to all interested event producers to submit applications for review by date certain. The AHSEC has met monthly since 2016 to establish the special event application, scorecard, criteria, a draft cultural plan, recommend funding to Council, and to conduct post-reviews of the funded special events. Staff Recommendation: Staff recommends monthly meetings be discontinued. In September of each year, the AHSEC would review applications and make funding recommendations to the Council as they have for the last two years. Then, the AHSEC would meet in May prior to the special events season for an update on event planning. Throughout the event busy season, AHSEC would attend events for the purpose of reviewing production. SALUE TO THE USA/FIREWORKS DISPLAYS Background: The Town of Avon is currently in the third year of a three-year contract with Western Enterprises for the annual Salute to the USA firework display totaling $135,000. Due to dry conditions and severe wildfires in most of the western United States, many firework displays were cancelled in 2018. Several municipalities, including Breckenridge, have decided to cease all firework displays indefinitely. Professional firework displays have very small probabilities of causing wildfires, even in fire ban areas; however, they encourage a culture of fire burning and a mentality of “if everyone is doing it, I can too”. In 2018, the Eagle River Fire Protection District encouraged the Town to forgo the display, not because the display would cause a fire, but because it would encourage the public in the Vail Valley to ignore the fire restrictions that were in place at the time. Staff has broached this subject to see if there is any interest by Council in moving away from a traditional firework show and making efforts to secure other attractions (e.g., major music act, community centric concert or laser show). STRATEGIC PLAN: At the request of Mayor Smith Hymes, please come prepared to answer the following question at the beginning of the Strategic Plan discussion during the Retreat: "If you had a magic wand to wave over Avon to turn it instantly into the town you'd like it to be, how would it be different from what it is today?" 2019 STRATEGIC PLAN Background: The Town of Avon 2019 Strategic Plan, included as Attachment 3, was adopted on October 23, 2018 by way of Resolution 18-14. The Strategic Plan is an effective policy document and a primary tool in implementing the Comprehensive Plan, other adopted plans and special projects of the Council. When approved by a majority of the Council, the Strategic Plan informs the community of near and longer-term directive actions and investments planned by the Council. Once adopted, the Strategic Plan provides clear direction to Town staff for preparing the budget and developing department work programs that detail the timing and approaches to complete the work. While it does not account for all Council direction, unforeseen needs or opportunities, other day-to-day or prioritized internal staff work, or other matters on Council agendas, it does set forth major undertakings through the planning horizon. The document begins with the “Purpose of the Strategic Plan” and “Strategic Plan Vision”, which is stated in the Town of Avon Comprehensive Plan, adopted on May 23, 2017. Four key outcomes are identified in the document to meet the Vision. Each outcome includes a summary of “Recent Successes”, followed by the strategies to implement the desired outcome. The strategies are prioritized as either a Tier 1 or Tier 2 project, followed by On-going work. COUNCIL PRIORITIES AND RECOMMENDED CHANGES TO THE PLAN, IF ANY Staff requests Council to review and discuss the 2019 Strategic Plan to ensure that all Council priorities are accounted for on the document. If any additions or revisions to the Plan are required by any Council member, consensus will be required to make the desired changes. ATTACHMENTS: ATTACHMENT 1 – 2019 Special Events Calendar ATTACHMENT 2 – Memo from Eric Heil regarding Special Events Decision-Making Authority ATTACHMENT 3 – Town of Avon 2019 Strategic Plan Heil Law & Planning, LLC E-Mail: ericheillaw@gmail.com HEIL LAW & PLANNING, LLC MEMORANDUM TO: Honorable Mayor Smith Hymes and Town Council members FROM: Eric J. Heil, Town Attorney RE: Special Events Decision Making Authority DATE: January 25, 2019 SUMMARY: This memorandum addresses decision making authority with regard to special events, event agreement negotiations, and administration of events. In my role in drafting and preparing agreements, I have observed overlap, confusion and frustration between Town staff, the Ad Hoc Special Events Committee, individual members of the Ad Hoc Special Events Committee, and Council members, including the Council member liaisons. I encourage Council to discuss decision making authority, expectations and provide direction for clarity. Attached to this memorandum as Exhibit A is a copy of the form Special Events Agreement for 2019. DECISION MAKING STRUCTURE: The Town’s basic structure is the Council-Manager form of government, which means that Council approves budgets and appropriations, Council sets policy, and Council approves individual contracts over a designated amount (currently $100,000 under the procurement code, but this is a topic for another discussion). The Town Manager has authority to implement Council policy within approved budgets and has authority to negotiate and execute individual contracts for less than $100,000. Under the Procurement Code, the Town Attorney is required to review all contracts. The Town Manager may delegate the Town Manager’s authority to department directors or any Town employee. The Town Manager also has authority (1) to regulate all Town properties, including closures and permitted uses during events1, and (2) to direct Town staff to provide in-kind services for special events. (e.g. police, public works, traffic control, etc.). AMC §9.04.130(b) states that Council must approve by resolution “orders, rules or regulations” that limit or prevent uses, activities or conduct on Town properties, but then states the Town Manager “may adopt such orders, rules or regulations as are reasonably necessary for the administration, protection and maintenance of such buildings and property, . . .” so there is some ambiguity on the dividing line of authority between Council and Manager concerning Town properties. In addition to other issues, closures of portions of Nottingham Park have generated public concerns in the past. The Ad Hoc Special Events Committee, in its current form, is an advisory committee that was approved by Council by motion for two years and delegate to the Mayor the authority to appoint committee members. Traditionally and consistently, Council approves appropriations and provides policy direction to Town Manager and Town Manager has authority to provide Town staff support to any board, commission or committee. The Town Council may appoint advisory committees by resolution2, which are advisory only and which may include Council members as regular committee members, as “ex-officio” members (meaning full right to participate but no voting power), or as “liasons” and “observers” (meaning the Council member participation 1 AMC §9.04.130 – Unlawful Conduct on Public Property, (b) grants broad power to Town Manager. “The Town Manager is empowered with the control, management and supervision of [Town] buildings and property . . .” 2 See Chapter XI – Boards and Commissions of the Avon Charter. Avon Town Council Decision Making Authority for Events January 25, 2019 Page 2 of 2 should be limited and subordinate to the committee discussions and activities). The Town Council may create a permanent board or commission by ordinance. The board or commission has authorities and duties expressly defined by Council (e.g. Planning and Zoning Commission), may be advisory only, or may have delegated authority to make decisions or grant approvals on behalf of the Town. Council members are not permitted to sit on permanent boards or commissions. SPECIFIC DECISIONS: A list of specific areas of decision making is highlighted for Council consideration and discussion: 1. Determination of Town Funding Request Process and Parameters. 2. Determination of Funding Awards. Recommendation with prioritized events versus recommendation with partial funding awards. 3. Negotiation of Event Agreement, determination of level of in-kind Town services, determination of any increase in Town funding for event. 4. Nottingham Park and Street closures for events. 5. Changes of event dates. 6. Use of funds if event does not commit and proceed. Reserve? Use for other event opportunities that arise. 7. Approval of events that request no Town funding. Types of events, size, dates, conflicts, branding. Timing on responding to event opportunities may be quick and not possible with Council meeting schedules. 8. Level of upfront funding, definition of deliverables. DIRECTION REQUESTED: Direction is requested from Council with regard to expectations and delegation of decision making authority with regard to events. Thank you, Eric EXHIBIT A: Form Special Events Agreement for 2019 Avon Special Event Agreement Form – 2019 Page 1 of 20 2019 TOWN OF AVON SPECIAL EVENT AGREEMENT FOR THE [NAME OF EVENT] THIS AGREEMENT (“Agreement”) is made and entered into on ________, by and between the Town of Avon (“Avon”), a Colorado home rule municipality, and __________, [enter business entity] (“Producer”) (individually referred to as a “Party” and collectively referred to as the “Parties”). 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 2019 Special Event Application (“2019 Producer Application”), for producing the [FILL IN NAME OF EVENT] (“Event”), and the Avon Ad Hoc Special Events Committee reviewed the 2019 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 [18-XX]; 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. A.The Premises for the Event as described in Exhibit A: Description of Premises. B.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, as is more specifically described in Exhibit B: Event Description, subject to compliance with the terms and conditions of this Agreement. The dates and hours of use of the Premises are described in Exhibit B: Event Description. C.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. ATTACHMENT A: FORM SPECIAL EVENTS AGREEMENT Avon Special Event Agreement Form – 2019 Page 2 of 20 D. The Special Event Manager (“Event Manager”) for the Town of Avon is Louise Duncan, who shall be the primary contact for the Town of Avon. All references to the Event Manager in this Agreement may also include the Event Manager’s designee(s). Avon’s chain of command shall be provided by the Event Manager to the Producer within ten (10) business days of execution of this Agreement. The Event Manager has the authority to reduce any stated minimum timeframe for receipt of documents or Event plans. E. Producer shall provide to the Event Manager the Producer’s chain of command within ten (10) business days of execution of this Agreement. F. Producer may request, as a result of weather, unforeseen circumstances or catastrophic events, a change to any stated time in this Agreement and/or a change to the Premises, which request shall be subject to written approval by Event Manager in Event Manager’s sole discretion. 2. PREMISES INSPECTION & USAGE. A. Pre-Event Inspection. Producer and the Event Manager shall jointly perform and document a pre-Event inspection of the Premises not later than [insert date] before the Premises are released to Producer. 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. 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. B. Premises Usuage. The following guidelines shall be observed for usage of the Premises: (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. (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. (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. (4) Producer shall not make alterations, additions or improvements on or to the Pavilion without the prior written consent of Avon, to include, but not limited to tenting, catering equipment and portable facilities. All such work shall be ATTACHMENT A: FORM SPECIAL EVENTS AGREEMENT Avon Special Event Agreement Form – 2019 Page 3 of 20 performed in a good and workmanlike manner. (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) 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. (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. C. Post-Event Inspection. Producer and the Event Manager shall jointly perform and document a post-event inspection of the Premises not later than [Insert Date] before the Premises are returned to Avon. Producer shall notify the Event 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. 3. SECURITY SERVICES. Producer shall assure the Event will be operated in a safe and secure manner and provide for all security needs for the Event. Contracts for services with the Producer’s security agency(s) shall be provided to the Event Manager forty-five (45) days prior to the first date of the Event. Security requirements shall meet the audience profile. Requirements include, but are not limited to, security needs for alcohol sales, enforcement of marijuana restrictions, crowd management, lost children protocol, lost and found protocol, entry gate security checks, trespassing, and a communication protocol for law enforcement and emergency response agencies, including a chain of command. When necessary, security for traffic management may be required, including external support from the Colorado Department of Transportation, Colorado Highway Patrol and/or Eagle County Sheriff’s office. The Event Manager shall review the contract(s) for security services (generally within fifteen (15) business days of receipt) and shall provide notice to the Producer of any concerns. Avon shall determine the number of law enforcement officers that Avon shall provide for the Event in Avon’s sole discretion. Avon law enforcement costs may be included, in part or in whole, in the in-kind services provided by Avon, if applicable. 4. SANITATION & RESOURCE RECOVERY. Producer shall provide for the sanitation facilities, resource recovery (composing and recycling) cleanliness and cleaning needs of the Event. Contracts for services with the Producer’s sanitation and recovery agencies shall be provided to the Event Manager forty-five (45) days prior to the first date of the Event. ATTACHMENT A: FORM SPECIAL EVENTS AGREEMENT Avon Special Event Agreement Form – 2019 Page 4 of 20 Contract services shall cover refuse management, recycling, composting, portable restrooms, grounds and Pavilion cleaning and all parking lots included in the defined Premises. Avon shall review the contracts for service (generally within fifteen (15) business days of receipt) and shall provide notice the Producer of any concerns. 5. MEDICAL AND EMERGENCY RESPONSE SERVICES. Producer shall assure the Event shall provide for on-site medical and emergency needs and response requirements of the Event, unless waived by the Event Manager. Contracts for services with the Producer’s emergency response agencies shall be provided to the Event Manager forty-five (45) days prior to the first date of the Event. Contracts must be able to address on-site response for attendees who are experiencing heat exhaustion, dehydration, severe intoxication and/or are under the influence of drugs, are injured on site or any other medical need. The Event Manager shall review the contract(s) for service (generally within fifteen (15) business days of receipt) and provide notice to the Producer of any concerns. 6. PARKING. The Producer shall provide parking for the Event in accordance with the table below. If Producer will use a private parking lot to satisfy the required parking, Producer shall be responsible to pay any fees to such private parking lot owner and shall provide a copy of a license agreement indicating Producer’s permission to use such private parking lot at least forty-five (45) days prior to the Event. Avon shall review the contracts for parking (generally within fifteen (15) business days of receipt) and shall provide notice the Producer of any concerns. 7. AMPLIFIED SOUND. Producer shall abide by the following requirements for amplified sound: A. Sound Checks: Sound Checks may occur within 4 hours of the start of the performance. B. Performance Times: Dates and times of all performances and/or announcements will be listed. C. 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 Event Manager has the authority to require the volume to be reduced at any time during the Event. D. 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 ($100.00) per 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 ATTACHMENT A: FORM SPECIAL EVENTS AGREEMENT Avon Special Event Agreement Form – 2019 Page 5 of 20 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 or which occurs after the Event Manager has required the volume to be reduced. Producer acknowledges and agrees to pay the sound penalty assessed, by not later than 5:00 p.m., three business (3) days after the last day of the Event. Payment will be received prior to release of the Events final payment in accordance with Section 11.A.(3), if applicable. 8. VENDOR LICENSING & SALES TAXES. Producer shall provide a list of vendors to the Event Manager by not later thirty (30) business days prior to the first day of the Event and shall update the list of vendors up to the date of the Event and shall follow up after each Event to verify what vendors were in attendance for sale tax purposes. The list shall include: All vendors, sponsors and non-profits, engaged in selling food, beverage, merchandise, wares, admissions, etc. during the Event. The vendor list will include: The business names/dba, physical address, mailing address, phone number, email address, contact, and type of activity. Producer shall register for a Sales Tax License with the Town of Avon; there is not a fee assessed for this license. Producer acknowledges and shall abide by Avon’s Prohibition of Marijuana Businesses at Town Owned Venues for Town of Avon Permitted or Sponsored Festivals and Special Events, which can be found in the Producer Toolkit. 9. SPECIAL EVENT LIQUOR PERMIT. Producer shall be solely responsible for identifying a local non-profit to acquire a Special Event Liquor Permit for the Event and is asked to consider one or more of the local non-profits as the Liquor Permit applicant. Application for the Liquor Permit and all insurance and indemnification requirements pursuant to Avon Municipal Code 5.08.170 shall be the responsibility of Producer and its nonprofit. The requirements can be found in the Producer Toolkit. Producer shall submit to the Town Clerk a Special Event Liquor Application by not later than 5:00 p.m., forty-five (45) days prior to the Event date. In the event that the Town of Avon obtains a liquor license for the Premises, then Producer may elect (1) to enter into an agreement with Avon concerning liquor service and distribution of net revenues from liquor sales as may be mutually acceptable to the Parties, or (2) apply for a Special Event Liquor Permit which will require concurrent applications by Avon to modify and reduce Avon’s designated premises area for liquor service and then again to modify and restore Avon’s designated premises for liquor service, and the Producer shall be responsible for the application fee for both premise modification applications (which is currently $150 each or $300 total). 10. MARKETING. A. Producer Responsibility. Producer shall implement the Marketing Plan, which was provided in the 2019 Producer Application, reviewed, edited, and approved by Avon is attached to this Agreement as Exhibit C: Marketing Plan. 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 2019 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. B. Avon Responsibility. ATTACHMENT A: FORM SPECIAL EVENTS AGREEMENT Avon Special Event Agreement Form – 2019 Page 6 of 20 (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. (2) Avon shall disseminate Producer prepared press releases and Facebook postings, as soon as possible, once received from the Producer. (3) Avon will post the Event in its “all 2019 events” website postings and press releases. (4) In addition to the “Exempt Admissions” authorized by Resolution 15-08, Avon will make available up to three hundred (300) additional “Exempt” single-day admissions (Complimentary Media) to the Producer specifically for marketing purposes. 11. AVON CASH AND IN-KIND SERVICES. A. Payment Schedule. Cash funding of $_______ was appropriated by the Avon Town Council to support the Event. Funds will be released as follows: (1) Fifty percent (50%) within thirty (30) days of execution of this Agreement by both Parties. (2) Thirty percent (30%) within thirty (30) days of receipt of contracts, invoices and receipts for expenses incurred, including Producer’s profit. (3) Twenty percent (20%) after post-EVENT inspection, completion of after-Event staff and Ad Hoc Special Event Committee review meetings, and receipt and approval of Post-Event Survey. B. In-Kind Support. Avon shall provide in-kind support to Producer as shown in Exhibit D: Avon In-Kind Support, in an amount not to exceed _____. The Event Manager shall track the in-kind expenses and notify the Producer at any time the award level is being approached. 12. AVON BENEFITS AS A SPONSOR. A. Complimentary Advertising. [This provision to be amended as appropriate for Event to include or reference specific advertising and media commitments.]. 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 forty-five (45) 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. ATTACHMENT A: FORM SPECIAL EVENTS AGREEMENT Avon Special Event Agreement Form – 2019 Page 7 of 20 B. Complimentary Admissions. Producer shall provide complimentary admission for the following attendees: (1) Avon staff providing services, in-kind and/or paid, as approved by the Event Manager. (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. (3) Transferable general admission passes for the Ad Hoc Special Events Committee, plus one guest for a total not to exceed twenty (20) passes. (4) Transferable general admission passes for Town of Avon, plus one guest for a total of twelve (12) passes to be administered at Event Manager’s discretion. (5) VIP All Access Pass Admission and credential (if applicable) for the Event Manager and five (5) additional Town of Avon employees. 13. SURVEY. 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. 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. 14. POST EVENT REVIEWS. The Event Manager and Producer, and respective key staff and other Avon representatives, shall meet on ____, 2019, at 9:00 a.m., in the Avon Town Hall to review the Event. The meeting date may be changed with agreement by the Parties. The Producer shall meet with the Ad Hoc Special Events Committee on _____________, 2019, at 12:00 p.m. 15. DAMAGE DEPOSIT. Producer shall pay a damage deposit of $__________. Avon shall return the damage deposit within thirty (30) days after the Event less any repair costs, clean- up costs, or other costs incurred by Avon. 16. AVON TRADEMARKS. The Town of Avon’s symbols, logos, graphics, fonts and colors, including such marks associated with the Event (collectively referred to as “Marks”), are set forth in the [Producer’s Toolkit or Exhibit E: Avon’s Marks]. Avon’s Marks 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. 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 ATTACHMENT A: FORM SPECIAL EVENTS AGREEMENT Avon Special Event Agreement Form – 2019 Page 8 of 20 make no use of Avon’s Marks. Producer shall have no right to sublicense its rights under this license. Producer’s use of Avon’s Marks shall be strictly subject to the prior written approval of the Event Manager, which approval may be granted or withheld in Event 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. Any trademarks, logos or other intellectual property developed by Avon or by Producer in connection with Avon’s Events services provided hereunder shall be the property of Avon. 17. MORALITY CLAUSE. Producer acknowledges that the Town of Avon’s image is of immeasurable value to the Avon community. If at any time the Producer, its performers or artists, or the sub-contractors hired to serve or support the event, has an incident, occurrence or public disclosure concerning a statement or action that tends to shock, insult or offend the Avon community or public morals or decency, including but not limited matters involving discrimination, sexual harrassment, or alleged felony acts, which Avon perceives as reflecting negatively on Avon’s image, then Avon may restrict Producer from using such performer, artist or sub-contractor, or in the case of a matter involving the Producer, Avon may demand assignment of the Event to another producer or may elect to deem such occurrence by Producer as a material breach of this Agreement and may elect to cancel the Event in accordance with Section 21. Event Cancellation after providing notice and opportunity for cure. 18. INDEMNIFICATION. 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. 19. INSURANCE. 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 of Avon 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: 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 $1M $1M $50,000 $1M 3,001 – 5,000 $1M $5M $1M $1M $50,000 $1M ATTACHMENT A: FORM SPECIAL EVENTS AGREEMENT Avon Special Event Agreement Form – 2019 Page 9 of 20 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. Producer shall provide written evidence of all insurance coverage required in this Section to the Event 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. Producer shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Section 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. 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. 20. RELEASE OF LIABILITY. 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. 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 Event 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. 21. EVENT CANCELLATION. The Event Manager may cancel the Event if material terms of this Agreement are not substantially fulfilled in a timely manner which is foreseen to result in an event which may compromise public safety or which will negatively impact the reputation of the Town of Avon, or in the event of an unforeseen force majeur event. Should Avon deem any term or terms of this Agreement unfulfilled or in material breach, Avon shall give Producer written notice and Producer shall have five (5) business days (or such longer time as mutually agreed by the Parties) to cure such breach. Should Producer cure, this Agreement shall continue in full force and effect. If Producer cancels the Event, or if the Producer is not able to cure and Avon elects to terminate the Event, then (A) Avon shall remit to Producer all deposits less any Event related expenditure incurred by Avon; (B) all funds provided by Avon for the Event shall be returned in full; and (C) if Avon has dedicated resources toward production and cancellation is less than ninety (90) days prior to the first day of the Event, Producer shall pay Avon five thousand dollars ($5,000) as liquidated ATTACHMENT A: FORM SPECIAL EVENTS AGREEMENT Avon Special Event Agreement Form – 2019 Page 10 of 20 damages within ten (10); and all such funds shall be provided to the other Party within thirty (30) days of the cancellation. 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. Neither Party shall be liable to the other for any lost profits, lost revenues, consequential or special damages as a result of cancellation. 22. MUNICIPAL ADDENDUM. This Agreement is subject to the Municipal Addendum attached here to as Addendum A and made part of this Agreement, the terms of which shall apply and supersede any conflicting term in the body of this Agreement. 23. NOTICES. Any notice to either Party under this Agreement shall be in writing and shall be sent to the addresses designated below. Notices by e-mail shall be deemed received when acknowledged by the recipient. Producer: [name] [address] [city, state, zip] [phone] [e-mail] Avon: Louise Duncan, Events Manager P.O. Box 975 100 Mikela Way Avon, CO 80435 (970) 748-4065 lduncan@avon.org ATTACHMENT A: FORM SPECIAL EVENTS AGREEMENT Avon Special Event Agreement Form – 2019 Page 11 of 20 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written. TOWN OF AVON By and Through Its Event Manager By: ________________________________________ Date: _____________________ Louise Duncan, Special Events Manager PRODUCER By: _________________________________________ Date: ______________________ [signature] Name:_______________________________________ [print] Title:________________________________________ ATTACHMENT A: FORM SPECIAL EVENTS AGREEMENT Avon Special Event Agreement Form – 2019 Page 12 of 20 ADDENDUM A: MUNICIPAL PROVISIONS. A.1. Addendum A Controls: In the event the terms and conditions of this Addendum A conflict in whole or in part with the terms and conditions of the Agreement, the terms and conditions of this Addendum A shall control. A.2. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to Avon, its officials, employees, contractors, or agents, or any other person acting on behalf of Avon and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. A.3. Affirmative Action: Producer will not discriminate against any employee or sub-contractor for employment because of race, color, religion, sex or national origin. Producer will take affirmative action to ensure applicants are employed, and employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. A.4. Article X, Section 20/TABOR: The Parties understand and acknowledge that 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 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 Avon 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. A.5. 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 contractor 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 ATTACHMENT A: FORM SPECIAL EVENTS AGREEMENT Avon Special Event Agreement Form – 2019 Page 13 of 20 employs or contracts with an illegal alien, Producer shall be required to notify the subcontractor and Avon within three (3) days that Producer has actual knowledge that a subcontractor is employing or contracting with an illegal alien. 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. 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. 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 Producer violates this provision, Avon may terminate this Agreement, and Producer may be liable for actual and/or consequential damages incurred by Avon, notwithstanding any limitation on such damages provided by such Agreement. A.6. No Waiver of Rights: A waiver by any Party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either Party. Avon’s approval or acceptance of, or payment for, services shall not be construed to operate as a waiver of any rights or benefits to be provided under this Agreement. No covenant or term of this Agreement shall be deemed to be waived by Avon except in writing. A.7. Binding Effect: The Parties agree that this Agreement, by its terms, shall be binding upon the successors, heirs, legal representatives, and assigns. A.8. Limitation of Damages: The Parties agree that Producer’s remedies for any claims asserted against Avon shall be limited to proven direct damages in an amount to exceed amounts due under the Agreement and that Town shall not be liable for indirect, incidental, special, consequential or punitive damages, including but not limited to lost profits. A.9. 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. A.10. 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. ATTACHMENT A: FORM SPECIAL EVENTS AGREEMENT Avon Special Event Agreement Form – 2019 Page 14 of 20 A.11. 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. A.12. 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 Producer from performance of any duty, obligation, or responsibility unless such release is clearly expressed in such written document of assignment. A.13. 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. ATTACHMENT A: FORM SPECIAL EVENTS AGREEMENT Avon Special Event Agreement Form – 2019 Page 15 of 20 EXHIBIT A: DESCRIPTION OF PREMISES ATTACHMENT A: FORM SPECIAL EVENTS AGREEMENT Avon Special Event Agreement Form – 2019 Page 16 of 20 EXHIBIT B: EVENT DESCRIPTION ATTACHMENT A: FORM SPECIAL EVENTS AGREEMENT Avon Special Event Agreement Form – 2019 Page 17 of 20 EXHIBIT C: MARKETING PLAN ATTACHMENT A: FORM SPECIAL EVENTS AGREEMENT Avon Special Event Agreement Form – 2019 Page 18 of 20 EXHIBIT D: IN-KIND BENEFITS [this language should be replaced with actual in-kind services to be provided] The Town of Avon is committed to assisting Producers, who are staging events at any one of Avon’s publicly-owned venues. As such, Avon 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 Avon 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. Avon 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 Avon 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: Avon solicits volunteers each year to help with events directly produced by Avon. At the time of recruitment, Town volunteers are asked if they would like her or his name made available to private event Producers. Avon makes those persons contact information to private event Producers on a request only basis. Avon staff also can make recommendations to Producers on how best to recruit volunteers in the region. ATTACHMENT A: FORM SPECIAL EVENTS AGREEMENT Avon Special Event Agreement Form – 2019 Page 19 of 20 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 II. Assets – No Charge CONDITIONS 1. Delivery times of assets and return times are set once the Event Manager receives the Set-Up and Tear-down plans. 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. III. Services – No Charge CONDITIONS 1. Service dates and hours are established by Avon once the Set-up and Tear-down Plans are received. 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. ATTACHMENT A: FORM SPECIAL EVENTS AGREEMENT Avon Special Event Agreement Form – 2019 Page 20 of 20 EXHIBIT E: AVON’S MARKS [optional if needed] ATTACHMENT A: FORM SPECIAL EVENTS AGREEMENT 2019 STRATEGIC PLAN October 23, 2018 TOWN OF AVON 2019 STRATEGIC PLAN Adopted by the Avon Town Council Resolution 18-14, Series of 2018 October 23, 2018 2019 STRATEGIC PLAN October 23, 2018 1 Purpose of the Strategic Plan The Strategic Plan is developed and adopted to guide decision-making and provide the structure for ensuring that investments and programs reflect Council priorities in achieving the vision and adopted plans of the Town of Avon. Updated each year to reflect the priorities of the Town Council, the adopted Strategic Plan provides the Avon community information about the important work planned by the Town, over the planning period. Once the Strategic Plan is adopted, a budget is prepared to meet the program, followed by each department submitting a business work plan to the Town Manager, identifying the timing and process for implementing each strategy. Progress on the work plans are monitored to ensure outcomes are met. • The Comprehensive Plan is the key leadership planning document of the Town and leads the Strategic Plan’s Vision, with the identification of tactical actions to meet the Vision. • In July of 2018, the Town Council provided the opportunity for residents and businesses to identify the most important issues in the Town through civic engagement outreach at open houses and through a Community Survey. The results have aided the Council in identifying priorities over the next several years and have provided information as to other methods to engage the public in the vision and strategic planning of the Town. The Strategic Plan is organized as follows: • The Strategic Plan Vision provides a dynamic overview describing the way of life in Avon, the values the community holds and serves as a comprehensive statement regarding the focus and directed outcomes of the Town’s work. The Vision is directed by the Comprehensive Plan. • From the Strategic Plan Vision, four key outcomes have been identified to set the prioritized work of the Town. The four outcomes, with successes and strategies to achieve each vision are detailed, resulting in a Strategic Plan. 2019 STRATEGIC PLAN October 23, 2018 2 Strategic Plan Vision “Avon’s vision is to provide a high quality of life, today and in the future, for a diverse population; and to promote their ability to live, work, visit and recreate in the community.” TOWN OF AVON COMPREHENSIVE PLAN, ADOPTED MAY 23, 2017 The Town of Avon is a strong community, focused on families and workers while building on its strengths to become a nationally and internationally recognized year-round mountain resort community. Avon is surrounded by natural beauty and the stewardship of our natural resources is a high priority. Avon is committed to providing a high level of municipal services for our citizens and visitors that reflect its values and commitment to the environment. Avon will expand its cultural, recreational and educational offerings in partnership with our broader community and regional public and private sector agencies, thereby ensuring sustained economic vitality and a vibrant community experience. A dedication to a high standard and a superior level of quality development will provide Avon with a comparative advantage in the future, and, therefore, Avon will work to attract and promote these types of developments by ensuring Town plans and incentives are constructed in a manner which provides the development community clear and timely information; and, by steadfastly maintaining a professional and solution-oriented municipal business. The Town will continue to value and support our full-time and part-time resident population by providing an exceptional level of municipal services and by working to retain existing businesses as the Town seeks to expand its retail and commercial base, while fostering our sense of community through both our spirit and the built environment. The importance of vibrancy and activity within the Town will be supported by attracting an array of new and diverse cultural and recreational events to Avon which are in concert with the values of our community and serve to nurture a cohesive sense of place and public. It is the Town of Avon’s elected officials and staff commitment to fiduciary responsibility, effectiveness and efficiency in providing government services and a practiced belief in open and transparent governance that will lead the successful implementation of this vision for the growth and development of Avon. 2019 STRATEGIC PLAN October 23, 2018 3 Strategic Plan Fiscal Year 2019 SUPPORT A STRONG COMMUNITY, BUILDING ON STRENGTHS AS A YEAR-ROUND MOUNTAIN RESORT COMMUNITY The Town will continue to value and support our community through a strong and diverse economy, attentive to business retention and proactively partnering with the private sector to expand Avon’s retail and commercial base. The Town’s commitment to planning for future growth; to ensuring there is a hierarchy of built forms to reflect the importance of the Town Center; an openness to new community development trends; and, recognition of private property interests and the costs of doing business with the Town, sets forth a dynamic relationship for the successful construction of the built environment and business growth. In its commitment to supporting a strong, mountain resort community, the Town endeavors to create a visually appealing gateway to Avon. RECENT SUCCESSES ▪ Adoption of the Town of Avon Town-Owned Properties Plan ▪ Adoption of the Avon Community Housing Plan ▪ Adoption of the 2017 Town of Avon Comprehensive Plan ▪ Completion of “Fiscal Analysis – Peer Community Comparison or Revenues, Budgets and Services and Assessments of Real Estate Transfer Tax Impacts” Report ▪ Launch of Tipsy Taxi Program ▪ Avon.org website updated ▪ Discoveravon.org website launched ▪ Launch of Zagster Bike Share Program ▪ Voters approved broadband exemption from SB 05-152 STRATEGIES Tier 1 Priorities ▪ Meet the Comprehensive Plan Housing goals to 1) Achieve a diverse range of housing densities, styles and types, including rental and for sale, to serve all segments of the population; and 2) Coordinate with neighboring communities to provide an attainable housing program that incorporates both rental and ownership opportunities, which are affordable for local working families. ▪ Meet the goals and objectives of the Avon Community Housing Plan. ▪ Implement the development strategies identified within the adopted Town of Avon Town-Owned Properties Plan for seven sites including Tract G, Wildridge Fire House, Swift Gulch, the Village at Avon’s “Park Site,” “School Site” (Lot E), Public Works Site (Lot 5), and the Wildwood Properties. o Develop an implementation plan. o Continue working to bring the Hahnewald Barn project from concept through schematic design for further consideration of relocation. Assist the Planning and Zoning Commission and Avon Historic Preservation Advisory Board, collectively the Hahnewald Barn Stakeholder Group, as they review materials and provide formal recommendations to the Council. Council will make final decisions regarding the design of the project, and authorizing next steps moving forward. 2019 STRATEGIC PLAN October 23, 2018 4 o Work with Eagle County to ensure a successful transition of the regional recycling center to Lot 5. o Ensure increased access to the Eagle River. o In the interim, construct cleaning and minor facility upgrade budgets for Fire Station 7 and the Wildridge Fire Station for renting to workers and/or working families, with consideration of terms which allow for future renovation. o Evaluate the development of an Ad Hoc Committee to evaluate the expansion of the Avon Recreation Center for the purposes of: 1) involving community in one of the most used and expensive community assets, (2) determining the best uses as desired by the community for the expansion, and (3) allowing a community based support for any taxing ballot question to be established on a grass-roots basis. ▪ Invest in multi-modal improvements prioritizing walkability and bicycle use on streets, with transit, parking and wayfinding. o Complete the Beaver Creek Boulevard Streetscape Improvements Project. o Complete the Town of Avon Multimodal Transportation and Parking Plan o Nottingham Road/I-70-Avon Road Underpass Improvements – Design 1) Nottingham Road drainage improvements to mitigate mud and debris flows; 2) Pedestrian safety improvements including crosswalks and sidewalks; and 3) I-70-Avon Road Underpass Safety/Beautification Entry Improvement. Bid and Construct as designs and funding are approved. o Fully support Avon transit as a key element of a walkable community; stay attentive to the potential role of autonomous cars. o Participate in the development of the ECO Transportation Development Plan and work with the ECO Board to advance Avon initiatives, such as increasing to late night bus service to serve workers. ▪ Evaluate the tiers of the Avon water tap fee to ensure that the fee accounts fairly for residential home sizes. ▪ Maintain the Zagster bike share program, monitor and report on challenges and successes. Explore expansion of stations, sponsorship opportunities, and partnerships with outside organizations. ▪ Define a broadband strategy and develop a broadband plan that identifies current assets and community needs to assist in developing architectural alternative concepts and cost opinions. Once preferred alternatives are identified and a roadmap is put in place, move into the planning phase. ▪ Work progressively with the Union Pacific Railroad to: 1) Verify the railroad ROW through Avon; 2) Gain permits for needed pedestrian infrastructure on WBCB; 3) Sustain continual clean-up of the railroad ROW; 4) Address the Richardson Ground Squirrel population; and 5) Explore opportunities for a cross-country ski track and allowing railbikes from Edwards to Minturn. Tier 2 Priorities ▪ Evaluate the formation of a special improvement district to improve the facades of the Avon Center, Comfort Inn, First Bank, and other properties along E/W Beaver Creek Boulevard, including but not limited to landscaping, streetscape and beautification programs. Include development of public spaces in the district assessment. ▪ Evaluate whether Avon should pursue a Downtown Development Authority to support economic development partnerships. ▪ Support Town Council efforts to develop a Sister City relationship. 2019 STRATEGIC PLAN October 23, 2018 5 On-going ▪ Work proactively with the owners of vacant commercial property to find leaseholders and/or redevelopment projects and, when appropriate, 1) Utilize Urban Renewal Authority tax increments generated from the existing district or in a potential new Urban Renewal Authority district, and/or 2) Other economic development incentives including tax rebates, zoning amendments, etc. ▪ Maintain a strong partner relationship with the Avon business community, developers, and county- wide organizations that enhance the economic vitality of the community. ▪ Consistently issue the Avon Quarterly Business Newsletter and hold annual update meetings with Avon business owners and representatives. ▪ Support the efforts of the Avon Business Association, when appropriate. ▪ Be aware and proactive in Town projects, programs and day-to-day work in the support, retention and development of inclusive neighborhoods, with specific attention to the needs and opportunities for the Avon Elementary School, such as hosting the spring graduation. ▪ In the Town’s Swim Program, when appropriate, include Homestake Elementary students in Avon’s school programs. ▪ Throughout the year, Liaison Appointees and Town Manager will meet with respective principals for developments in the Town of Avon to discuss current issues, development needs and opportunities. ▪ Maintain Google Transit maps for local bus schedules. 2019 STRATEGIC PLAN October 23, 2018 6 Strategic Plan Fiscal Year 2019 PRESERVE & ENHANCE THE NATURAL ENVIRONMENT Maintaining a strong foundation for the stewardship of Avon’s natural resources is a top commitment by the Town in order for the Town to protect Avon’s unique setting and its open spaces. Avon will promote sustainability through the funding of programs and projects to protect the Town’s and the regions clean waters and clean air and to conserve environmental resources. RECENT SUCCESSES ▪ Completion of the annexation of the East Avon Preserve ▪ Walking Mountains Conservation Easement ▪ Adoption of the Climate Action Plan for the Eagle County Community and the accompanying Implementation Schedule ▪ CLEER Building Energy Navigator software installed in Town facilities ▪ Plastic bag ban and paper bag fee adopted by Council and implemented by staff STRATEGIES Tier 1 Priorities ▪ From the 2016 Town of Avon Climate Action Plan Implementation Schedule, adopted on March 28, 2017, implement the priorities, including but not limited to: o Establishing the CO2 baseline, modifying municipal buildings and street lights and monitoring. o Amending the Town’s landscape code to more effectively replace vegetation which has been removed and improve water quality in drainages, streams and along in the Eagle River. o With the expertise of the UERWA, developing outdoor landscape guidelines/regulations to reduce water use and off-site impacts, such as fertilizer run-off, which can affect the Eagle River. o Adopt a paperless strategy to reduce waste and support files, etc. o Take the lead role in working with the UERWA to assess and potentially partner with the Aspens Mobile Home Village to improve and/or replace the property’s water distribution system to eliminate water loss. o Partnering with Walking Mountains Science Center and Eagle County to expand the Energy Smart Program and community educational outreach. o Promote investment and use of energy efficient vehicles, including electric vehicles, by evaluating opportunities to add vehicle charging stations throughout the Town of Avon. ▪ Evaluate ways to achieve the Town’s adopted goal to “develop and implement a program to run the Town of Avon – Municipality with 100% renewable energy.” ▪ Identify and prioritize which municipal and/or land use codes should be revised to fully implement the Plan, including but not limited to a re-evaluation of the Alternative Equivalent Compliance regulation to include a stronger nexus, with specific metrics for performance to the Climate Action Plan and Avon’s housing goals. ▪ Develop, with consultant services, the Harry A. Nottingham Landscape Plan, including in the plan timely replacement of the Town's public tree stock; invite Walking Mountains to evaluate biosphere enhancements to the northwest corner of Nottingham Lake during the planning process. ▪ Proactively ensure trees on public and private property do not host and spread viruses; remove dead trees with a well-developed landscape program. 2019 STRATEGIC PLAN October 23, 2018 7 ▪ Develop a comprehensive Fire Mitigation Plan for Town-owned properties. ▪ Work with the Eagle River Fire Protection District on planning and implementing an emergency egress for the Wildridge community. Tier 2 Priorities ▪ Consider adopting a “pay-as-you-throw” refuse system and evaluate franchise agreements for waste haulers. ▪ At such time as the Eagle County Landfill is prepared to receive compostable collected materials, evaluate how to implement collection in Avon and prepare a recommendation for Council action. On-going ▪ Continue serving as an active member of the Climate Action Collaborative to fully implement and achieve the goals of the Climate Action Plan for the Eagle County Community. ▪ Continue looking for solar panel installation opportunities. ▪ Participate as an active member of the Urban Run-off Group and the Eagle River Watershed Council to evaluate and support, as appropriate, needed Eagle River improvements. ▪ Work with the Eagle River Water and Sanitation District, as well as other community organizations, to protect the water quality in the Eagle River for all users. ▪ Continue participation in the Actively Green Certification Program. 2019 STRATEGIC PLAN October 23, 2018 8 Strategic Plan Fiscal Year 2019 DEVELOP INCLUSIVE & DIVERSE ECONOMIC, EDUCATIONAL, RECREATIONAL & CULTURAL OPPORTUNITIES The importance of vibrancy and activity within the Town will be supported by partnering with existing special events and attracting an array of new and diverse cultural, educational and recreational events to Avon, which meet the Town’s brand and are in concert with the values of our community and serve to nurture a cohesive sense of place and public. Providing an exceptional system of parks, trails, and recreational programs to serve the year-round needs of area residents and visitors is an important Town goal. RECENT SUCCESSES ▪ Completion of the Destination Jump, Splash, Learn Playground in Nottingham Park with a GOCO grant and the appropriation of Community Enhancement Fund monies ▪ Completion of detailed diagrams for all Avon event venues, including but not limited to dimensions, location of electrical outlets, irrigation system, domestic water hose bib, parking lots, etc. ▪ Completion of Eagle Valley Regional Trail and Metcalf Bike Climbing Lane ▪ Completion of Nottingham Park Restroom Remodel ▪ Appointment of Ad Hoc Special Events Committee STRATEGIES Tier 1 Priorities ▪ Under the auspices of the Ad Hoc Special Events Committee, continue to solicit, develop and fund, in partnership with qualified producers, a diverse program of vibrant arts, educational, cultural and recreational offerings at the Avon Performance Pavilion and Main Street Mall. In particular: o Seek to expand live theater as a desired multi-day or evening festival. o Expand use of the Pavilion in shoulder seasons to local band productions, which are low key and low budget, such as a battle-of-the-bands or open mike nights. o Work with Bravo! Vail to pursue performance options at the Avon Performance Pavilion. o Explore a partnership with the Vail Valley Foundation to provide management of non-Town produced special events at the Avon Performance Pavilion o To streamline and assist local and national big city promoters to efficiently produce and market events: ➢ Develop best marketing practices and marketing advice for event success in Avon, and coop with any Avon marketing plan, where Avon has provided funding or use of a Town venue. ➢ Establish, for ticketed events, procedures and policies to limit poaching of concerts. ▪ Implement the adopted Avon Recreational Trails Plan as prioritized and adopted by the Avon Town Council, as soon as possible; and 1) pursue construction grants, when appropriate; and 2) rigorously seek an easement to construct a connecting trail from the southern terminus of Lake Street to the Eagle River Regional Trail. ▪ As directed by the Town Council on May 23, 2017, implement the action plan to pursue a Colorado Creative District designation; budget and retain qualified consultant services for development of a strategic plan, as may be needed. 2019 STRATEGIC PLAN October 23, 2018 9 ▪ Rebuild the Eagle River Whitewater Park. ▪ Evaluate the pros and cons of the Town of Avon using its special event liquor permit quota, as allowed for events at a Municipal Arts and Cultural Facility, which may include the Main Street Mall, New Town Hall, Harry A. Nottingham Park and the Avon Performance Pavilion. As part of the evaluation assess alternatives for forming a (Liquor) Entertainment District or liquor license for venue premises. ▪ Continue to actively work with the USFS to identify and plan for improvements to USFS 779 and USFS 717.1B. Tier 2 Priorities ▪ Build photo monuments around the commercial core to memorialize Avon’s history. ▪ Evaluate a Scientific and Cultural District to provide funding for Walking Mountains Science Center’s educational programming and Avon’s cultural activities. ▪ Identify locations for the installation of outdoor percussion instruments, including pianos, and fund in the Capital Projects Fund, when feasible. ▪ Develop a plan for the completion of the Main Street Mall from the existing Mall to Lake Street and Nottingham Park. On-going ▪ Maintain Nottingham Park to a high standard and continue to make it the focal point of the community. ▪ When approving Town funded or supported festivals and events which offer alcoholic libations, require that the sponsoring non-profit is an Avon community grant recipient or locally based nonprofit. ▪ Support regional World Class events and the Walking Mountains Science Center. ▪ As appropriate, share the results of the Community Survey with potential business interests in terms of types of businesses and services desired in Avon. ▪ Support the unmet needs of non-profit organizations in Eagle County, by way of the Town’s annual Community Grant Program, by welcoming applications from organizations and agencies seeking funding for programs, projects, services or activities that support the Town’s stated priorities in the Town’s annual Strategic Plan. ▪ Maximize the grant resources available through potential sources available such as through the Office of Economic Development and International Trade, including its new Outdoor Industry Recreation Office; a Scientific & Cultural Facilities District, and Department of Local Affairs. ▪ Participate in the valley-wide events calendar being maintained by the Vail Valley Partnership. ▪ Be creative in activating the Town public ways with ideas such as bicycle pedal bars or a railroad trolley car. ▪ Schedule Council civic engagement opportunities at the Pavilion Green Room. 2019 STRATEGIC PLAN October 23, 2018 10 Strategic Plan Fiscal Year 2019 PROVIDE A RESPONSIVE, CUTTING-EDGE & EFFECTIVE GOVERNMENT Ensure that Town government is managed and operated as a competitive business and in a manner which is client-focused and solution-oriented, meeting the highest standards of fiduciary responsibility, implementing best practices, and using Town resources effectively and efficiently in each department. Provide for the development of capital projects, which support the community-resort economy, and promote the Town brand through a five-year capital investment plan, utilizing appropriate funding mechanisms such as pay-as-you-go, new mill levy and/or current tax receipt long-term debt. Support a work culture that is flexible, innovative and resilient to change RECENT SUCCESSES ▪ New Police Station at the Public Safety Facility completed ▪ New Town Hall completed with a LEED Silver Certification ▪ Civic engagement programs expanded ▪ Balanced budgets achieved ▪ Reserves maintained STRATEGIES Tier 1 Priorities ▪ Continue implementing the Town of Avon Marketing Plan and Avon Brand Guidelines ▪ Monitor and adjust as needed the comprehensive Community Swim Program. ▪ Identify location(s) and cost(s) for the development of one or more dog parks in Avon or nearby in partnership with Eagle-Vail. Tier 2 Priorities ▪ Plan and budget for the development of Lot 5, in the Five-Year Capital Improvements Plan, including adding a reserve line item for an equipment and vehicle storage facility and future office space. ▪ Update Procurement Code, including revisiting the maximum contract authority for the Town Manager, reviewing expenditure approval levels, and adding provisions for the disposal of excess or obsolete property. Also, clarify other areas of authority on easements, leases, property conveyances, license agreements, etc. On-going ▪ Maintain Town infrastructure, including all buildings, roads, parks, preserves and trails; appropriating deferred maintenance funds as required, and seeking long term debt approval, when appropriate. ▪ Provide strategic Council leadership, consistently practicing open and transparent government. ▪ Continue to evaluate staffing levels to ensure a high level of municipal services for our citizens and visitors. 2019 STRATEGIC PLAN October 23, 2018 11 ▪ Continue holding an annual Town Clean-Up Day event during the evening hours of a weekday in the spring that includes a community gathering after the clean-up event is completed. ▪ Maintain and consistently evaluate a strong civic engagement program, including ad hoc committees, a triannual community survey, volunteerism program, etc. Look to advance the Town’s partnership with staff members, parents and students at Avon Elementary School. ▪ Maintain fund balances, contingency and reserves to guarantee a fiscal position that is resilient to economic fluctuations; transfer surplus funds to capital projects. ▪ Continue to develop annual department work plans, which are measurable and maintain accountability. ▪ Hold annual or bi-annual sessions in joint meeting settings with government partners. ▪ Seek a naming sponsor for the Avon Performance Pavilion. WRITTEN REPORT To: Honorable Mayor Smith Hymes and Avon Town Council From: Preston Neill, Acting Town Manager Louise Duncan, Special Events Manager Meeting Date: January 30, 2019 Topic: LIQUOR LICENSING AVON PERFORMANCE PAVILION BACKGROUND: The 2019 Town of Avon Strategic Plan, states, “Evaluate the pros and cons of the Town of Avon using its special event liquor permit quota, as allowed for events at a Municipal Arts and Cultural Facility, which may include the Main Street Mall, New Town Hall, Harry A. Nottingham park and the Avon Performance Pavilion. As part of the evaluation, assess alternative for forming a (Liquor) Entertainment District or liquor license venue premises.” In late 2016, Eric Heil, Town Attorney, found that the Town of Avon may file for up to fifteen (15) Special Event Liquor Permits, with the Town’s Liquor Authority, for events at an Avon-owned arts and cultural facility, including but not limited to the Avon Performance Pavilion, New Town Hall and Possibilities Plaza. In 2017, the only permit applied for by the Town and approved was for the Ben Harper Concert. In late 2017, staff contacted the municipalities of Aspen, Boulder, Denver, Longmont, Snowmass, Steamboat Springs, Telluride, Vail and Winter Park to determine if any of them self-produce their own events and to see if any of them have issued a Special Event Liquor Permit to their respective town. Staff found that none of them produce their own events and none of them have issued a Special Event Liquor Permit to themselves. In 2018, staff contacted the municipalities of Castle Rock, Denver, Longmont, Boulder and Telluride because they all have a golf course or a venue similar to the Avon Performance Pavilion where a liquor license has been issued for those venues by the municipality. Nearly all of them expressed that they have contracted out the liquor management services for those venues. At this time, staff does not believe securing a liquor license for the Avon Performance Pavilion or any other Town of Avon properties is a good idea since the Avon Performance Pavilion does not have standardized infrastructure for serving liquor, making securing contractor services expensive. Until a strategy regarding the Avon Performance Pavilion venue is collectively decided via Council, the Town’s current process for managing liquor is effective. WRITTEN REPORT To: Honorable Mayor Smith Hymes and Avon Town Council From: Louise Duncan, Special Events Manager Meeting Date: January 30, 2019 Topic: ROI OF 2018 SPECIAL EVENTS SUMMARY: Attached to this memorandum is a spreadsheet detailing ROI information for 2018 special events. Event/Baseli ne Cash Funding Amount Est. In-Kind Funding Amount Collection Dates Available Rooms Occupied Rooms % Occupied Roomnight Average Total Lodging Revenue Total Restaurant Revenue Total Retail Revenue Other Revenue Total Revenue Sales Tax Collected Non-Event Weekend June 2018 $0.00 $0.00 06/01/2018 - 06/04/2018 3,920 1,608 41.02%$174 $125,743.12 $329,553.72 $830,321.89 $8,214.71 $1,293,833.44 $51,753.34 LAX 2017 $0.00 $3,000.00 06/19/2017- 06/22/2017 3,852 2,597 67.42%$174 $293,168.98 $403,488.09 $896,953.41 $22,136.04 $1,615,746.52 $64,629.86 Brew Fest 2018 $9,491.00 $11,112.13 06/29/2018- 06/30/2018 2,239 1,563 69.81%$174 $182,630.30 $335,582.96 $631,406.52 $12,891.19 $1,162,510.97 $46,500.44 Haute Route 2018 $33,000.00 $27,000.00 06/25/2018- 06/27/2018 N/A N/A N/A $174 N/A N/A N/A N/A N/A N/A Cover Rock 2018 $32,400.00 $52,692.36 06/22/2018 - 06/24/2018 3,250 2,220 68.31%$174 $250,064.16 $385,248.54 $734,676.10 $17,382.74 $1,387,371.54 $55,494.86 TOA Admission Fee $3,696.00 TOA Admission Fee $1,218.00 TOA Admission Fee $0.00 TOA Admission Fee $0.00 Cash Funding Amount Est. In-Kind Funding Amount Total Taxes Collected Total TOA Revenue Net Recovered Investment $0.00 $3,00.00 $64,629.86 $64,629.86 $61,629.86 2017 LAX $47,718.44 $27,114.87 Non-Event Weekend Cash Funding Amount Est. In-Kind Funding Amount Total Taxes Collected Total TOA Revenue Net Recovered Investment $0.00 $0.00 $51,753.34 $51,753.34 $51,753.34 Cash Funding Amount Est. In-Kind Funding Amount Total Taxes Collected Total TOA Revenue Net Recovered Investment $9,491.00 $11,112.13 $46,500.44 Est. In-Kind Funding Amount Total Taxes Collected Total TOA Revenue Net Recovered Investment Brew Fest 2018 JUNE NON-EVENT WEEKEND COMPARED TO ECONOMIC DRIVER/BRANDING EVENTS: LODGING, RESTAURANT, RETAIL TAX REVENUE 2018 2018Sources: MUNIREVS and Destimetrics Socer Tournament 2018, Lax 2018 and Haute 2018 not tracked in MUNIREVS; Lax 2017 included for comparison purposes All In-Kind costs are costs and have been rounded down; in 2019 comprehensive in-kind tracking will occur via use of new software JUNE EVENTS ROI: 2018Cover Rock $32,400.00 $52,692.36 $55,494.86 $59,190.86 -$25,901.50 Cash Funding Amount Event/Baseli ne Cash Funding Amount Est. In-Kind Funding Amount Collection Dates Available Rooms Occupied Rooms % Occupied Roomnight Average Total Lodging Revenue Total Restaurant Revenue Total Retail Revenue Other Revenue Total Revenue Sales Tax Collected 4th of July Holiday Weekend $0.00 $0.00 07/01/2018 - 07/04/2018 3,941 2,535 64.32%$179 $340,527.73 $503,625.85 $705,235.31 $21,468.51 $1,570,857.40 $62,834.30 Salute to the USA $24,250.00 $63,100.00 07/03/2018- 07/03/2018 1,019 683 67.02%$179 $98,695.13 $149,527.33 $271,078.45 $6,391.33 $426,997.11 $17,079.88 Triple Bypass $4,500.00 $13,000.13 06/29/2018- 06/30/2018 2,239 1,563 143.25%$179 $195,571.19 $263,847.59 $326,494.92 $10,463.37 $600,805.88 $24,032.24 TOA Admission Fee $0.00 TOA Admission Fee $0.00 TOA Admission Fee $0.00$4,500.00 $13,000.13 $24,032.24 $24,032.24 $6,531.87 Cash Funding Amount Est. In-Kind Funding Amount Total Taxes Collected Total TOA Revenue Net Recovered Investment Salute to the USA Cash Funding Amount Est. In-Kind Funding Amount Total Taxes Collected Total TOA Revenue Net Recovered Investment $24,250.00 $63,100.00 $17,079.88 $17,079.88 -$70,270.12 Triple Bypass Sources: MUNIREVS and Destimetrics All In-Kind costs are costs and have been rounded down; in 2019 comprehensive in-kind tracking will occur via use of new software JULY EVENTS ROI: 20184th of July Holiday Weekend Cash Funding Amount Est. In-Kind Funding Amount Total Taxes Collected Total TOA Revenue Net Recovered Investment $0.00 $0.00 $62,834.30 $62,834.30 $62,834.30 JULY SIGNATURE EVENT AND HOLIDAY WEEKEND COMPARED TO ECONOMIC DRIVER/BRANDING EVENT: 2018*Includes Salute ot the USA 07/03/2018 Event/Baseli ne Cash Funding Amount Est. In-Kind Funding Amount Collection Dates Available Rooms Occupied Rooms % Occupied Roomnight Average Total Lodging Revenue Total Restaurant Revenue Total Retail Revenue Other Revenue Total Revenue Sales Tax Collected Non-Event Weekend August 2018 $0.00 $0.00 08/17/2018- 08/20/2018 3,847 2,339 60.80%$163 $350,415.17 $516,676.38 $1,383,090.22 $15,935.14 $2,266,116.91 $90,644.68 Dancing in the Park $22,500.00 $2,800.00 08/08/2018- 08/08-2018 1,417 985 69.51%$163 $90,085.14 $112,466.08 $269,041.62 $4,285.58 $475,878.42 $3,625.79 MLT/Bec Tri $18,994.80 $18.450.00 08/03/2018- 08/06/2018 3,863 2,675 69.25%$163 $346,617.97 $528,748.59 $682,703.58 $18,354.86 $1,576,425.00 $63,057.00 Labor Day Weekend August 2018 $0.00 $0.00 08/31/2018- 08/31/2018 1,344 970 72.17%$163 $92,366.63 $149,401.68 $283,304.46 $3,965.10 $529,037.87 $2,522.28 TOA Admission Fee $0.00 TOA Admission Fee $0.00 TOA Admission Fee $0.00 Cash Funding Amount Est. In-Kind Funding Amount Total Taxes Collected Total TOA Revenue Net Recovered Investment $18,944.80 $18,450.00 $63,057.00 $63,057.00 $25,622.20 Est. In-Kind Funding Amount Total Taxes Collected Total TOA Revenue Net Recovered Investment $22,500.00 $2,800.00 $3,625.79 $3,625.79 -$18,674.21 AUGUST EVENTS ROI: 2018Non-Event Weekend August Cash Funding Amount Est. In-Kind Funding Amount Total Taxes Collected Total TOA Revenue Net Recovered Investment $0.00 $0.00 MLT/Bec Tri $90,644.68 $90,644.68 $90,644.68 Dancing in the Park Cash Funding Amount All In-Kind costs are costs and have been rounded down; in 2019 comprehensive in-kind tracking will occur via use of PUBWORKS software AUGUST NON-EVENT WEEKEND COMPARED TO ECONOMIC DRIVER/BRANDING EVENTS: 2018*Dancing in the Park was funded for a total of two performances at $45,000.00 at 22,500 per show; the second show was not tracked via MUNIREVS Labor Day Weekend August is ONLY the August date please see comprehensive page for complete Labor Day weekend data Sources: MUNIREVS and Destimetrics Event/Baseli ne Cash Funding Amount Est. In-Kind Funding Amount Collection Dates Available Rooms Occupied Rooms % Occupied Roomnight Average Total Lodging Revenue Total Restaurant Revenue Total Retail Revenue Other Revenue Total Revenue Sales Tax Collected September Labor Day Holiday Weekend 2018 $0.00 $0.00 09/01/2018- 09/04/2018 3,277 2,271 69.30%$149 $268,910.73 $447,674.79 $677,341.66 $12,061.67 $1,405,988.85 $56,239.55 September Non-Event Baseline Weekend 2018 $0.00 $0.00 09/14/2018- 09/17/2018 3,253 7465 229.48%$149 $240,210.20 $405,866.78 $537,825.46 $15,887.43 $1,199,789.87 $47,991.59 October Non-Event Baseline Weekend $0.00 $0.00 10/05/2018- 10/08/2018 3,975 2,580 64.91%$128 $289,005.51 $374,547.90 $608,044.21 $16,301.98 $1,287,899.60 $51,515.98 Man of the Cliff $5,400.00 $11,520.00 10/13/2018- 10/14/2018 1,947 1,082 55.57%$128 $98,679.04 $173,076.61 $259,371.26 $5,011.95 $536,138.86 $21,445.55 November Non-Event Baseline Weekend $0.00 $0.00 11/02/2018- 11/05/2018 59 4 6.78%$128 $643.35 $66,945.07 $208,169.64 $0.00 $275,758.06 $11,030.32 Thanksgivin g Holiday Weekend $0.00 $0.00 11/23/2018- 11/26/2018 59 7 11.86%$128 $1,625.88 $78,332.83 $313,011.46 $0.00 $392,970.17 $15,718.81 Birds of Prey 0.00`$0.00 11/29/2018- 11/30/2018 31 3 9.68%$128 $640.09 $38,292.99 $177,532.99 $0.00 $216,466.07 $8,658.64 December Non-Event Baseline Weekend December Holiday Weekend TOA Admission Fee $0.00 $56,239.55 $56,239.55 SEPTEMBER, OCTOBER, AND NOVEMBER NON-EVENT WEEKENDS COMPARED TO ECONOMIC DRIVER/BRANDING EVENTS: 2018Information currently not available. *Dancing in the Park was funded for a total of two performances at $45,000.00 at 22,500 per show; the second show was not tracked via MUNIREVS Labor Day Weekend August is ONLY the August date please see comprehensive page for complete Labor Day weekend data Sources: MUNIREVS and Destimetrics All In-Kind costs are costs and have been rounded down; in 2019 comprehensive in-kind tracking will occur via use of PUBWORKS software SEPTEMBER, OCTOBER, NOVEMBER, AND DECEMBER EVENTS ROI: 2018September Labor Day Holiday Weekend Cash Funding Amount Est. In-Kind Funding Amount Total Taxes Collected Total TOA Revenue Net Recovered Investment $0.00 $0.00 $56,239.55 TOA Admission Fee $0.00 TOA Admission Fee $0.00 TOA Admission Fee $0.00 Man of the Cliff Cash Funding Amount Est. In-Kind Funding Amount Total Taxes Collected Total TOA Revenue Net Recovered Investment $0.00 $0.00 $51,515.98 $51,515.98 $51,515.98 $5,400.00 $11,520.00 $21,445.55 $21,445.55 $4,525.55 Non-Event Weekend September Cash Funding Amount Est. In-Kind Funding Amount Total Taxes Collected Total TOA Revenue Net Recovered Investment Cash Funding Amount Est. In-Kind Funding Amount Total Taxes Collected Total TOA Revenue Net Recovered Investment 2018$0.00 $0.00 $47,991.59 $47,991.59 $47,991.59 Non-Event Weekend October