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22.03.30 MA Talent Agreement for 2022 AvonLIVE! Concert Series 2022 – 2023 AvonLIVE! Concert Series Talent Agreement: Peak Performances, Inc. March 30, 2022 Page 1 of 13 TALENT AGREEMENT FOR THE 2022 AVONLIVE! CONCERT SERIES THIS AGREEMENT (“Agreement”) is made and entered into on March 30, 2022, by and between the Town of Avon (“Avon”), a Colorado home rule municipality, and Peak Performances Inc. (“Contractor”) (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, Avon is producing a series of ten (10) free concerts known as the AvonLIVE! concert series at the Avon Pavilion in Nottingham Park on Wednesday evenings; and, WHEREAS, Avon desires to hire Contractor to arrange for music talent and sound support for the 2022 – 2023 AvonLIVE! concert series, (the “Events”). 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. Events. The Town of Avon is producing the AvonLIVE! concert series; therefore, no special event permit is required. A. The Premises for the Events as described in Exhibit A: Description of Premises. B. This Permit grants Contractor the right, and imposes the duty, to use the Premises as defined in this Agreement for the purpose of arranging live music performances for the Events, 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: Events Description. C. The CASE Manager (“CASE Manager”) for the Town of Avon shall be the primary contact for the Town of Avon. All references to the CASE Manager in this Agreement may also include the CASE Manager’s designee(s). The CASE Manager has the authority to reduce any stated minimum timeframe for receipt of documents or Event plans. 2022 – 2023 AvonLIVE! Concert Series Talent Agreement: Peak Performances, Inc. March 30, 2022 Page 2 of 13 D. Contractor shall provide to the CASE Manager the Contractor’s chain of command prior to the first Event. E. Avon and Contractor desire to execute similar Talent Agreements for 2022 and 2023 with Contractor, which shall be subject to such terms and conditions as the parties may mutually agree. Notwithstanding the foregoing, neither party shall have a legal obligation to execute future Talent Agreements. The compensation for Talent Management shall be increased by up to 4% over the previous year in 2022 and 2023, respectively. 2. PREMISES INSPECTION & USAGE. A. Pre-Event Inspection. Contractor and the CASE Manager shall jointly perform and document a pre-event inspection of the Premises before the Premises are released to Contractor. Contractor, by attending the pre-event inspection, verifies that the Avon Performance Pavilion Technical Specifications, provided in the Contractor Toolkit, have been reviewed, are understood, and will be followed as presented. Avon shall ensure all facility components are in working order and fully operational, such as but not limited to power and lights. Contractor acknowledges and agrees that Avon is permitting Contractor 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 Usage. The following guidelines shall be observed for usage of the Premises: (1) Contractor 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) Contractor 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 Contractor, at the expense of the Contractor. (3) Contractor will respect and utilize Premise 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) Contractor shall not make alterations, additions or improvements on or to the Pavilion without the prior written consent of Avon, to include, but not limited to tenting, catering equipment and portable facilities. All such work shall be performed in a good and workmanlike manner. 2022 – 2023 AvonLIVE! Concert Series Talent Agreement: Peak Performances, Inc. March 30, 2022 Page 3 of 13 (5) By order of the Eagle River Fire Protection District, Contractor 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). Water-based haze shall not be permitted without approval by Avon and Eagle River Fire Protection District. (6) To the extent licensed personnel, such as electricians, medical, emergency response or health official, are required to conduct certain services or inspections, Contractor shall abide by these local and State requirements. C. Post-Event Inspection. Contractor and the CASE Manager shall jointly perform and document a post-event inspection of the Premises before the Premises are returned to Avon. Contractor shall notify the CASE Manager of any problems or damage that may have occurred during an Event during the post-event inspection. Contractor 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 Contractor and Contractor shall be liable for such costs, including reasonable attorneys’ fees and costs to enforce this Agreement. 3. AMPLIFIED SOUND. Contractor 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: Contractor agrees the volume for any sound check and during performance times will be moderated to achieve the sound quality needed for the Events and shall be considerate of the surrounding neighborhoods. The sound volume levels will be monitored by Avon using professional grade decibel meter. The suggested levels are dB A weighted at 75 feet from the source and shall not exceed 105 dB A. The CASE Manager has the authority to require the volume to be reduced at any time during the Events. D. Sound Penalty: Contractor 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. Contractor shall pay a penalty of one hundred dollars ($100.00) per minute for music, public address announcements, sound check, or any other amplified sound that occurs before or after any time period in which amplified sound is permitted or which occurs after the CASE Manager has required the volume to be reduced. 2022 – 2023 AvonLIVE! Concert Series Talent Agreement: Peak Performances, Inc. March 30, 2022 Page 4 of 13 Contractor acknowledges and agrees to pay the sound penalty assessed, by not later than 5:00 p.m., three business (3) days after the day of the Event which the sound penalty occurred. Payment will be received prior to release of the Events final payment in accordance with Section 4.A.(3), if applicable. 4. AVON CASH AND SERVICES. A. Payment Schedule 2022. Cash funding of $113,010.00 was appropriated for 2022 by the Avon Town Council to support the Events. Funds will be released as follows: (1) Fifty percent (50%) within thirty (30) days of execution of this Agreement by both Parties. (2) Forty percent (40%) after completion of the first three Events and on or before Friday, July 15, 2022. (3) Ten percent (10%) upon reconciliation and on or before thirty (30) days after the date of the last Event. B. Payment Schedule 2023. Town of Avon shall notify Contractor on or before February 15, 2023, of the amounts appropriated in the Town of Avon 2023 Budget to support AvonLIVE! events. Funds will be released as follows: (1) Fifty percent (50%) on or before Wednesday, March 15, 2023. (2) Forty percent (40%) after completion of the first three Events and on or before Friday, July 14, 2023. (3) Ten percent (10%) upon reconciliation and on or before thirty (30) days after the date of the last Event. C. Avon Services. Contractors’ obligations are limited to booking live music talent, meeting the needs and costs of the talent, and arranging for appropriate sound and light. Avon shall provide all other services, including but not limited to: trash, portlets, marketing, parking, security, kids’ activities, liquor service and special event permit licensing, food trucks and vendors, signage, installation and set-up of seating, bench seating, tents, all of which shall be in Avon’s sole discretion. Avon shall arrange for volunteers, Town staff and paid staff as determined appropriate by Avon in Avon’s sole discretion. 5. AVON TRADEMARKS. The Town of Avon’s symbols, logos, graphics, fonts and colors, including such marks associated with the Events (collectively referred to as “Marks”). Avon’s Marks are and shall remain the sole and exclusive property of Avon. Contractor 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 2022 – 2023 AvonLIVE! Concert Series Talent Agreement: Peak Performances, Inc. March 30, 2022 Page 5 of 13 Contractor 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 Contractor obligations under this Agreement. Except as expressly permitted hereunder, Contractor hereby covenants and agrees that it will make no use of Avon’s Marks. Contractor shall have no right to sublicense its rights under this license. Contractor’s use of Avon’s Marks shall be strictly subject to the prior written approval of the CASE Manager, which approval may be granted or withheld in CASE Manager’s discretion. Notwithstanding any provisions hereof to the contrary, prior to the printing or reproduction of any Avon Marks pursuant to this Agreement, Contractor 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 Contractor in connection with Avon’s Events services provided hereunder shall be the property of Avon. Contractor logo will be included in digital and printed marketing collateral. 6. MORALITY CLAUSE. Contractor acknowledges that the Town of Avon’s image is of immeasurable value to the Avon community. If at any time the Contractor, 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 harassment, or alleged felony acts, which Avon perceives as reflecting negatively on Avon’s image, then Avon may restrict Contractor from using such performer, artist or sub-contractor, or in the case of a matter involving the Contractor, Avon may demand assignment of the Events to another Contractor or may elect to deem such occurrence by Contractor as a material breach of this Agreement and may elect to cancel the Events in accordance with Section 10. Event Cancellation after providing notice and opportunity for cure. 7. INDEMNIFICATION. Contractor 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 Contractor’s actions or omissions in connection with the conduct of the Events. Town of Avon agrees, to the extent permitted by law, to indemnify the Contractor, 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 reckless, willful or wanton actions or omissions of the Town of Avon in connection with the conduct of the Events. 8. INSURANCE. Contractor 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 Events. 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 shall include: $1,000,000 per occurrence primary coverage, and $2,000,000 annual aggregate; and 30 days’ written notice of cancellation. 2022 – 2023 AvonLIVE! Concert Series Talent Agreement: Peak Performances, Inc. March 30, 2022 Page 6 of 13 Contractor shall provide to Avon proof of Comprehensive Automobile Liability insurance for any private motor vehicles owned by Contractor or its officers, agents, or employees that are used as part of the Events. 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. Contractor shall provide written evidence of all insurance coverage required in this Section to the CASE Manager no later than thirty (30) days prior to the first day of the Events. All required insurance policies shall be non-cancellable without thirty (30) days prior written notice to Avon. Contractor 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 Contractor 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. 9. RELEASE OF LIABILITY. Avon assumes no responsibility whatsoever for any non- municipal property placed in said Premises. Contractor hereby expressly releases discharges Avon from any and all liabilities for any loss, injury or damages to any person or property of Contractor, 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. 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 Events, or which in the judgment of the CASE Manager, renders the fulfillment of this Agreement by Avon impossible, Contractor 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. Contractor assumes no responsibility whatsoever for any municipal property in said Premises. Avon hereby expressly releases discharges Contractor from any and all liabilities for any loss, injury or damages to any person or property of Avon, 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 Contractors or its officers, agents, employees. 10. EVENT CANCELLATION. The CASE Manager may cancel the Events, a single 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 majeure event. Should Avon deem any term or terms of this Agreement unfulfilled or in material breach, Avon shall give Contractor written notice and Contractor shall have five (5) business days (or such longer time as mutually agreed by the Parties) to cure such breach. Should Contractor cure, this Agreement shall continue in full force and effect. If Contractor cancels the Events, or if the Contractor is not able to cure and Avon elects to terminate the Events, then (A) Avon shall remit to Contractor all deposits less any Events related expenditure incurred by Avon; and (B) all funds provided by Avon for the Events shall be returned for Events which are cancelled 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 2022 – 2023 AvonLIVE! Concert Series Talent Agreement: Peak Performances, Inc. March 30, 2022 Page 7 of 13 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. Contractor will make best efforts to negotiate on behalf of Avon to ensure deposits are not unrecoverable. Avon shall be responsible for any and all non-refundable payments that have been made to or are required of performers, production staff and show related expenses to include but not limited to lodging, air and ground travel. 11. MUNICIPAL ADDENDUM. This Agreement is subject to the Municipal Addendum attached here to as ADDENDUM A: MUNICIPAL PROVISIONS and made part of this Agreement, the terms of which shall apply and supersede any conflicting term in the body of this Agreement. 12. 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. Contractor: Peak Performances Inc. 440 D Street Golden, CO 80401 peakevents1@gmail.com Avon: Danita Dempsey, CASE Manager P.O. Box 975 100 Mikaela Way Avon, CO 80435 (970) 748-4065 ddempsey@avon.org IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written. TOWN OF AVON By and Through the Mayor, Sarah Smith-Hymes By: ________________________________________ Date: ________________ Sarah Smith-Hymes, Mayor CONTRACTOR Peak Performances By: Michael O'Brien Date: 03/30/2022 [signature] Name: Michael O’Brien, CEO 2022 – 2023 AvonLIVE! Concert Series Talent Agreement: Peak Performances, Inc. March 30, 2022 Page 8 of 13 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: Contractor will not discriminate against any employee or sub- contractor for employment because of race, color, religion, sex or national origin. Contractor 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: Employment of or Contracts with Workers without authorization. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. This paragraph shall not apply to any services falling under the exceptions provided for in C.R.S. 8-17.5-101(b)(I)-(V). Contractor shall not knowingly employ or contract with a worker without authorization to perform work under this Agreement. Contractor shall not contract with a subcontractor that fails to certify that the subcontractor does not knowingly employ or contract with any workers without authorization. By entering into this Agreement, Contractor certifies as of the date of this Agreement it does not knowingly employ or contract with a worker without authorization 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 2022 – 2023 AvonLIVE! Concert Series Talent Agreement: Peak Performances, Inc. March 30, 2022 Page 9 of 13 for employment to perform work under the public contract for services. The Contractor 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 Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with a worker without authorization, the Contractor shall be required to notify the subcontractor ad the Town within three (3) days that the Contractor has actual knowledge that a subcontractor is employing or contracting with a worker without authorization. The Contractor shall terminate the subcontract if the subcontractor does not stop employing or contracting with the worker without authorization within three (3) days of receiving the notice regarding Contractor’s actual knowledge. The Contractor 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 a worker without authorization. The Contractor is required to comply with any reasonable request made by the Department of Labor and Employment made in the course of an investigation undertaken to determine compliance with this provision and applicable state law. If the Contractor violates this provision, the Town may terminate this Agreement, and the Contractor may be liable for actual and/or consequential damages incurred by the Town, 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 Contractor’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 Contractor. 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 2022 – 2023 AvonLIVE! Concert Series Talent Agreement: Peak Performances, Inc. March 30, 2022 Page 10 of 13 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. 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 Contractor 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 Contractor 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. 2022 – 2023 AvonLIVE! Concert Series Talent Agreement: Peak Performances, Inc. March 30, 2022 Page 11 of 13 EXHIBIT A: DESCRIPTION OF PREMISES Premise will include the Avon Performance Pavilion, including ingress and egress access through the old Town Hall parking lot, use of western portion of the old Town Hall parking lot, use of the green room, use of the cabin if available, location on the main athletic field for up to four (4) 10 x 10 tents (or equivalent square footage) for front of house production tent and merchandise. 2022 – 2023 AvonLIVE! Concert Series Talent Agreement: Peak Performances, Inc. March 30, 2022 Page 12 of 13 EXHIBIT B: EVENT DESCRIPTION Contractor shall provide the following services described below for the production of live music performances for the AvonLIVE! free concert series: 1. Talent Buyer & Management - Contractor shall: 1.1. Secure appropriate artists bookings for the AvonLIVE! concert series in accordance with the budget. Avon will assist with identifying local and regional artists for the opening performers. Contractor shall coordinate with Avon on the selection of headlining performers. 1.2. Consult with the Town on the concert series budget and recommend adjustments as appropriate. 1.3. Promptly advise Town of talent opportunities which would require a budget increase for an Event. 1.4. Mike O’Brien or qualified designee will be onsite and able to assist Town of Avon staff during each Event. 1.5. Maintain appropriate books and records for inspection by Town if requested. 1.6. Provide all management, hospitality and oversight for all artists hired for the series including but not limited to: a. Contracting b. Rider fulfillment c. Backline d. Hospitality (headliner only) e. Transportation f. Payment of talent fees for headliner and opening performers g. Lodging (Note: trade for sponsorship arrangements have been made with the Westin Riverfront) 2. Stage Production – Contractor shall: 2.1. Stage production premises is the Avon Performance Pavilion. 2.2. Opening talent should begin at approximately 5:30 p.m. and end at approximately 6:30 p.m. 2.3. Headlining talent should begin at approximately 7:00 p.m. and end at approximately 8:45 p.m. 2.4. Hard stop for all sound amplification is 9:00 p.m. unless otherwise approved by Town. 2.5. Arrange and provide for all stage production to including but not limited to: a. Lighting equipment, engineer and staff b. Sound equipment, engineer and staff, sufficient for an audience of 1,500 c. Trussing, if applicable d. Rigging, if applicable e. Backdrop, if applicable 3. Event Dates & Times: AvonLIVE! 3.1. All events are open to the public at 5:00 p.m. and close to the public at 9:00 p.m. 3.2. a. Wednesday, June 22, 2022 2022 – 2023 AvonLIVE! Concert Series Talent Agreement: Peak Performances, Inc. March 30, 2022 Page 13 of 13 b. Wednesday, July 6, 2022 c. Wednesday, July 13, 2022 d. Wednesday, July 20, 2022 e. Wednesday, July 27, 2022 f. Wednesday, August 3, 2022 g. Wednesday, August 10, 2022 h. Wednesday, August 17, 2021 i. Wednesday, August 24, 2021 j. Wednesday, August 31, 2022 3.3. Town of Avon shall provide an updated 2023 Event Schedule on or before February 15, 2023. 4. Budget: Contractor shall provide services described in accordance with the budget identified below. 4.1. Contractor shall consult with the Town if an adjustment is required. 4.2. Contractor shall maintain appropriate financial receipts, invoices, records, etc. for inspection by Town if requested. 4.3. Town of Avon shall provide an updated 2023 Budget on or before February 15, 2023. Food & Beverage Artist Hospitality $ 750.00 Sub-Total:750.00$ Audio Visual Sound 10,000.00$ Lights 6,000.00$ Backline 1,500.00$ Sub-Total:17,500.00$ Purchased & Other Contracted Services Talent Management Fee 12,760.00$ Minimum $1,040; $1,560 top end for bands over $10K; average of $1276 Headlining Talent 67,000.00$ Opening Talent 15,000.00$ Avon schedule talent and provide N/A beverages and beer; Contractor collect W9's and issue payment Talent Lodging: Headliner -$ Talent Lodging: Opener -$ Sub-Total:94,760.00$ Grand Total: 113,010.00$ AvonLIVE! 2022 Budget: 10 Shows