HomeMy WebLinkAboutC-3856 - Entertainment; Centennial Closing Event07/24/2006 18:50
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(,Address }. McPsddm P1. & Bdboa Mvd, W.. Newport Beach CA 91666
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ANY UNAVrBO HM C,HANGS IN CSa 4MACTIM TICM PRIM 3 TO M 100% PAYAMS T*AR7kW
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3300 NewpmtHtvd., PO not 1748 2830 Palk . aKIOD
NawpodBeaob CA ma Salt m aeim, CA 90405
714.639.1x07 ftd W. mm" al / S.M.M. a Tonne. Inc.
GUM MW I;1 PLAt il8, WP It*=! PNOM 91448&71C* a MAX 914 6004OW-
07/24/2006 18:50 9146864085 PINNACLE ENT PAGE 03
SUGAR RAY RIDER 2003
THIS RIDER AND THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL AND
PROPRIETARY TO S.M.M.R.C. TOURS, INC. AND IS BEING PROVIDED IN CONFIDENCE. ON
THE UNDERSTANDING THAT THE RECIPIENT WILL OSSERVCE AND COMPLY WITH THE
TERMS AND. CONDITIONS SET FORTH IN THIS AGREEMENT. THE ACCEPTANCE OF THIS
RIDER -SHALL CONSTITUTE AN AGREEMENT TO 13E HOUND' BY SUCH TERMS .AND'
CONDITION. THIS RIDER AGREEMENT IS AN IWER13RAL PART OF THE CONTRACT TO
WHICH IT IS ATTACHED AND MUST REMAIN ATTACHED TO SUCH CONTRACT AT ALL
TIMES. ANY ALTERATION TO THE TERMS OF THIS RIDER OR THE CONTRACT HAS NO
VALITITY AND SERVES NO PURPOSE, UNLESS AUTHORIZED BY THE ARTISTS
REPRESENTATION: THE FACILITIES AND ARTITS'S REQUIREMENTS SPECIFIED IN THIS
RIDERARE TO BE PROVIEDED BY THE PURCHASER AT NO COST TO THE ARTIST.
�C hlOT2;. ALd ; CIrY CoN'CRACTS A4e 'DuRLit r1ncu140r)41'F
THIS O)FA is attached to ett¢ Baby made part of the =certaln Concert Agreement
CConwd Agrkment'} dated _I 1 ,_ day of i S.M.M.R.C. Tours, Inc.
(herehraffm referred to as tier" j reprasentt aRta GAR RAY (hereloafter referred to
Porch and + (hereinafter refe to as
er} regswidrdft Enge ement of rUsit In live public o0 oed on day of
at r In &w a)+
'("Engagement;. - '
T= RELATED WNTACTS
MANAGEM.W
Kingdom Entertainment, LLC
231 Wast 20 Street, Suite 807
NeW York, NY 10001.
Tek 212. 047 2695
F=112-96743d
Contat4: Chip Quigley) Elissa Kazdln
TOUR MANAGEMENT
Robert Orb
Mbblle: 94989"059
Email: flido�88®ettr#hlink.r►et
SOQKING AGENCY
Pinnacle Entertainment
30 Glenn Street .. .
White Plains, NY 10809'
Tel: 874888 -7100
Free: 91443864085
ContaoC John Dittmar/ Scoft33okol'
PRODUCTION MANAGMENT
Robert Crft
Mobr1e:849492 -6058
Email: fudog8(I ftearthIk k.net
07/24/2006 18:50
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Parma AMEW
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1. BILLING: G i'r f
Artist shall receive 100% headline .billing in any and aUApubliolfy releases and paid
advertisements including, but not limited to, programs, Gera. signs, lobby boards and marquees.
No other names or photographs shall appear in type with respect to size, thickness, boldness
and pmminenoe of the type accorded Artists, and no other name or photograph shall appear on
the same line or above the name of Artists. If Artist is In support of another performer, Artist
shalt receive 75% special guest bitting.
2. CONTROL OF PRODUCTION:
Artist shall have the sole and o dusive control over the production, presentation and
Performance. Contracted show tines - one 60 minute show per night •µsngtiraneFtonAsM-eF
.I The, purchaser agrees m ensure That there Is a period of at least 80 minutes
immediately prior tci the Artists road craw to check equipment
�OVAI: OF OTHER PERFOfiflAERS:
Purcha§;� tthat rte appearenca of any other acts) on the same bill R'6e
subject Artists apps rov�l -,fit will have rite rlgM io dater twat >i 7ig t as well as nature of
performance of any. and aA oth seer agrees chat there witi
be no Master of
Ceremonies peedhes, no in dio stations,
ow or other), and
miss at intermissions wlttout priorwrtten approve
4. REPRODUCTION OF PERFORMANCE: } "be bes+ effO(4!i -}D
Purchaser agrees that no portion of performance rendered hereunder may be broadcast,
photographad, recorded, filmed, tap , or. embodiad In any fort for the purpose of reproducing
Artsts performance. Purchaser viii deny entrance to any parsons carrying audio or vfo
recording devices. The only persons that will be granted the opportunity to photograph, tape, or
111m Artists performance, must have prior written permission by Artists Management Requests
must be submitted a. minimum of (14) fourteen days in advance of engagement: Artists Tour
Manager will issue a Photo Pass fix the days event, no other pass (house; press, or other)
Wilt be honored. If in the event the purchaser allows the photography, filming or taping of the
Artists performance, It wlll be the Purchasers.sole responsibility to obtain any and all film, tape,
or material in which sold performance was recorded, and immediately deliver to Artists Tour
Manager.
USER ASSUME$ (LIABILITY:
Purchaser here
wVenses, chat
presentation or
be authorized by
sponsorship or e
4i
claims, fosses,
part of an c
is name Is
agreement of the Artists
for the
upon
Which Artist is to
series or specifically for Ar Wew, -mast
ny Way with any form of
but not limited to commercial or political,
07/24/2006 18:50 9146864085
7. PUJ IENTA TICKM;
ee.hr 1)
measured in pa af�.Qee �cestlF
to limit the number orcoma%Rm
M
all
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PAGE 05
>nmentary tic r�Wshows. If Artists compensation is
th ax office receipts, Tai artist shat! theve the fight eta disUibuted by the prcrArtist's drily th bethe bax office times. Purchaser at
sold and axpens at the request of artisPs
AXES:
Pu all payy and hold Artist harmless of and from arry and al! t
like relating tc agemant eta Artist shall be free of such
'
f'
QED SR t.. l� PoNSfRLE fit7r+- dw faiA��Tlbn7D
PERCENTAGE FEE & BOX OFFICE:
purchasar'agrees that In the event of the Artist's fee being related to a percentage of
ipts from deket sale then the following proklaions shall apply; z ,.
A) On tickets there shall be printed the name of the ArHet, date and time of the ® gement,
name of • venue and the respective ticket price. All tickets must clearly diffe ate between
the price of a et said In advance and one sold on the night
6p'Any parcentag syment due to the What shall be calculated o e number of persons
admitted not in in thff, a purchaser guest list of not more twenty (20) persona, and..
guests of the eruat, rvh' W not exoaed ably (60) persons unl a previously agreed In wrlung
by the artist
C) In ttie event of the Artist's ing related to a tags of ticket sales. The producer
must provide at time of settierriarri, mpla4ad ti drop, bundled in packages of 100 tickets.
and accounted for an a drop count shed rtlfl y the box office, as well as, all unsaid tickets
P) If Put baser violates any of the pro ' a taled in this paragraph In regards to tickets, It' .
shall be deemed that Purchaser has Id a u in the house at ire highest pdoe printed for.
each ticket that Is not accounted
E) If the Artist's fee is in ey related to the purcha roduction coats then the purchaser
shall furnish the tour m ger with a detailed itst'of pro du n (by receipts) at the time of the
Arllsrs fee is paid.
F) Purchaser revs to permit Artist's Representative to enter Box at any time during fhe
day of ance. ,
G) ni►aser agrees to furnish Artists Representative a printed box office ment at time of
aE to verve, as well as, a oerSW box oche* statement at the time of seitiema
10. INSURANCE-
A) Purchaser ag to provide comprehensive general Q&W urance in the amount of five
million dollars ($ , Q0, Q0) QncludIng, without t n, coverage to protect against any and
all injury to persons or pre s uenoe of the installation and(or operation of the
equipment and instrume i andfor Its employees, contractors and agents).
This certiflcaittia 0 d to Pinnacle h rMnt onewask prior to tha show date.
10
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0) Neither Producer n . t shall be responsible for damage or injury to any patrons, or the
venue., or any "re or persamLproperty therein, caused by We or any others not enppd by
Producer, purchaser shall indom hold P ."2dl�r 'st lees from any third - party
nd
I _
claims..No claims, deductions or age b the venue, or any fixtures or personsi
property therein, allegedly ca roduce rsons engaged thereby shall be made by
Purchaser sinless such damage and car areof is provided to Producer and
Producer appro4leg' n writing such claim, deduction, or offae
C) Purchaser further ag provide full all-risk Insu pGe^G6t: rage a ror all equipment and
instruments provided by the Art or Ks a es, contractors, and agents against fire,
vandalizing, damage to, or oempletm uair3 ubilo liability Insurance. This certlitcate
'must be produced to the Artist request. $ and rl p Quigley, as well
as, all Artists' parsons uat be named as additional insured on ssld es.
91,.MERCHANDISING:
The Purchaser whl provide a well -fit secure place to erect a merchandising stall. This shag be in
a position as to be easily visible to the public using the main entrance.
T� /a�'setfr
12, FORCE MAJEUR:
In the event that a result to illness or injury, detention resulting from inability to obtain
mumahte modes. of transportation, clots or other civil strife, strikes or other forms of labor
disputes, epidemic, an sot or order of any public or govemmental authority or court, any act of.
God, or any other cause beyond the Artists reasonable control the Artist shah be unable to fullill
the obtigallons on Ma part to be performed thereunder with regard to the efigagement s) then In
such event neither party hereto shall be entitled to make any claim against the. other party for'
nomfulfiliment of any outstandi r` obligations yetto be performed on the part of such other party.
4�KTe KuST PE i3R �'01CW" 4AP flSI-S Tor PoRp:D-AA
M,CAMOELLA-11ION, TERMINATION;
AillatiZay terminate the agreement it.
1. Any Ind(vi ember of file Artlst or Sound 'Ehl;ineer cr Lighting Director oontracted f
show shaft die, beco or IncapaCifated for any reason : m
2. in Artists judgment, performs f the engagement ctty or indirectly expose any
member of the Artist, or any employee I employe® of any company contracted
by Artist. or by Purchaser, or any porti 'enee, to danger of injury or civil strife of any
Idnd: or by reason of any th mak of violan
9. P ca of any of Artists obligations shag expose any er of Artists employee's,'
or independent contractors to Civil or adminal proceeding of any
14. INCLEMENT WEATHER:
Notwithstanding anything contained. herein, inclement weather. shall not. be deemed to be. a
forms majeur occurrence and the Purchaser shall remain liable for payment. of the'Atll contract-
price even if the performanee(s) called for herein are prevented by such weather condHlens. The
Producer shall have the sole right to determine in good faith whether any such weather
candlttons shah render ft performances) impossible, hazardous or unsafe.
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15. INISCELLANEOUS-
The Purchaser agrees
interviews, or any type
representation.
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PAGE 07
that he will not commit the Artist to any personal appearances,
of promotional activity without the prior written consent of the Artists
16. DAMAGES:
In venues whore alcohol is sold, please be aware that Purchaser will be 100% responsible for
any damages to restrooms, seats, and all other building facilities. Artist's tour manager vfiil not
accept any damages in settlement from venues where alcohol Is served before, during or after
Arriissrs performance,
Further, Artist will not,be responsible for seat or building damage under any circumstances,
particularly with respect to damage incurred during or due to actions or provocation of any other
act(s) on bill,
17. PURCHASER'S LOCAL REPRESENTATIVE:
Purchaser shall provide at his sole expense a local representative who has the authority to
make binding decisions on behalf of the purchaser, financial or otherwise. Local Representative
shall be present from load4n until the completion of load -out, and check with Artist's Production
Manager prior to leaving the venue.
AGREED TO AND ACCEPTED BY, , t
SIGNED: (XL- PRINTS a !rte_
(PURCHASER)
r 1
PRINTED: I i� (tA lr cc,
l�a,no� e✓
IM -(o eE 1M-A LJ5 F-DR- -PR. r T q+"6&r'
Tr�e; -p OF RV7V4y A-Cl4ev-0 uPoiQ
07/24/2006 18:50
14686408
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TECHNICAL SPECIFICATIONS .
1: STAGING:
Purt hassr shall provide a frat class stage, roof, and mix position. Outdoor'staging must be on
the same professional level as those co%tucbed by Stage Co., All Access, Mountain Staging
Productions, and some companies with Tomcat roof systems are acceptable, The stage shag be
a minimum of 48 feet wide by minimum of 40 feet deep by 4-5 feet high at the front edge of the
stage. The Stage must have a clearance of 24 feet ftom ail overhead obstaeles.and house
lighting. The stage surface shall be level; strong, and smooth, with no holes or protrusions.
There shag be, step units upstage left and right The monitor mix position is off stage laft The
guitar tech areas are of stage left and right. The Stage right wing shall be 12 feet wlde by 24 feet
deep, even with or no greater than 2 feet lower than the stage. The stage left wing shall be 12
festwide by 16 feet deep, even with or no greater than 2 feet lower than the stage.
i STAGE RiSk8:
Purchaser shall provide (2) stage risers. It must be strong, stable, and have black skirting. They
shag be 8 feet by 8 feet by2 feet high. The risers must be available at time of load -In.
3. FRONT OF HOUSE MiX:
.The front of house sound mix position shall be looded 86-100 feet-from the "front of the stage.
Outdoor FOH mix positions must be covered to prbW from the sun' as well. as from rein and
other bad weather conditions. Mix position shall be completed prior to production load -in. The
sound mix shall occupy and area 18 feet We by 12 feet deep and may be elevated 1 foot
above the venue floor. The lighting must be located behind the sound mix and will requlre an
area of 12 feet wide by 8 feet deep and should be elevated 2 feet above the venue floor.
4. WORK LIGHTS:
There must be work lights located throughout the concert site to light the stage, wings, loading
dock area, mix position, and the area between the mbc position and the stage. These tights must
be powered and available to be used at any time fromthe beginning of load -in throughout the
load -out:
6. PLASTIC TARP MATERIAL:
For -amphitheater acid any other outdoor venue, Purchaser shall provide 0 rolls of "vsquW
pleatictarp orslmilar' material, 100' long by 20' wide, 4.6 mil thick, preferably clear. This material
shall be available atthe beginning of the production-load-In.
S. FOH SNAKE RUNS:
Whether there Is a trench, or conduit, or extensive matting, this ran shall be prepared and ready
for use at the time of load -in of Artists Production. Any permanent In house snake or cable
troughs that are to be used by Artist Production shall be cleaned and dry prior to load -in. If
snakes run from the aide of the stage to the FOH mix poardon Purchaser must provide matting
for the entire run both stage left and stage right
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7. FOH FOLLOW SPOTS:
Purchaser to prOvlds two z six follow spots, Smaller Indoor venues shall have two (2)' FOH
fatioW spots. For arenas, amphitheaters and outdoor stadium shows,
"tl'raseii9hts-'-
a. POWER:
Should standard electrical power not be available at the concert site or should Artist Production
Manager deer- ansite power unreliable, the Purchaser shall provide electrical services by
generators. 5howpower is the generator company of choice by .Artist Production,. The
generators' shall arrive foil of fuel. Thera must be ample fuel supply for the generators
continuous operation. Insure that there are proper grounding techniques and hardware far the
power supplies.
N dtc:1 x 2OD'AMPS per leg —Three Phaae
(all Stage power for musical equipment will be distributed from this service.)
tfghting: I x 400 AMPS per leg--: Three Phase
9. ELECTRICIAN:
Purchaser shall provide the service of a house electrician and/or generator operator to be
present and on call throughout the workday. .
10. HOUSE LIGHTS:
Artist production shall have total control of all house lights, Including all sponsor and
advertisement panels. Operators shall be In position thirty (30) minutes prior to show time.
11. FORKLIFTS"
Where Applicable and deemed necessary by Artist Production Manager, Purchaser to provide
arse (1) heavy duty forklifts capable of operating in all areas of the vents;. These forklifts shall
have side shift capabitiUes, pneumatic liras where applicable, and have a minimum lift capacity
of 5000 pounds. Forklift shall be delivered fuU of fuel, and additional fuel shall be available
onsite from start of toad In through load out Purchaser shall provide qualified operators for this
equipment
12, TEMPORARY ROADWAYS.
Purchaser.shall' provide any m4terials (plywood, mesh panels, heavy -duty rubber mstling; etc.)
neosssary to ihsun3 proper truck or forklift access to mix position, delay platforms, and stage.
13. PERMITS AND tdCENSE3:
It Is the responsibility of the Purchaser to obtain any necessary local permits or licenses
pertaining td,the performance. There must be no sound limitations or time curfews Imposed
without our prior knowledge and 'consent, Artist's Production Manager shall be Informed by the
Purchaser thirty (30) days in advance of show day of any cuniiews or limitations.
Pyro: In the event that Artists show Incorpo` ates the use of Pyrotechnics, the Purchaser WHl be .
responsible for securing all necessary ally I state licenses and permits and/or Fie Marshall
approval and supervision. These licenses I permits will be calculated as show costs. the
event that a local shooter is required by Jurisdicfmn, that will also be a show cost. This will be
discussed during Purchasers technical advance with Artists Production Manager, .
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14. PARIGN&
The tour is traveling with one (1)' tradon.trailer and two (2) buses. The tour %will need to park
these vehicles as .close as possible to the stage door. Purchaser shall obtain any necessary
pemitts required for parkirg these vehicles legally.
15. SOUND CHECK:
a. The Artist and Sand shall require a sound check before each performance.
b. The sound check shall Last apnximately sixty (80) minutes.
15T t e
16. DOORS:
17. VENUE PREPARATION:
A) General: Unless otherwise requested, Purchaser shall furnish at his sole cost access to the
Place of stvagament no less than 12 hours prior to show time. The venue shall be dean, well
lit,' ventilated. and property heated or air- conditioned.
B) Access:.It Is essential that there be no obstruction to the loaddn, of the. Artists equipment.
Plane have parked vehicles, chair racks,, dumpsters, bleachers or any other obstruction
removed prior to the rigging call In the morning. This Includes snow and ice removal.
C). Eire Eiktinguishers: Purchaser shall supply at feast two (2) twenty (20) pound fire
extinguishers In the backstage area upon load4n.
D) Toilet, and shower Facilities: Purchaser shall provide adequate toilet facilities to all
baoa tage areas for the exclusive use of the Artist's Production Staff and Band.'Showers with
hotand cold running water must be convenient to the backstage area. Where showers are-not-
convenient to the backstage area, Purchasar shall make arrangements at his (her) sofa cost for..
three (3) hotel'rooims for the day and transportation. to and from these rooms for Grew and Band
showers.
E) Traih Bins: Purchaser shall Insure there are plenty of trash containers pleced throughout:. .
M venue to present an attractive, clean operation. Plaase place one (1) trash bin stage left and
F)t_abor: Any venue tabor requirements'snall be completely separate from production labor. If .
the labor poof Is the same, p(easa add the appropriate number of hands to complete all
necessary work during the workday.
6) Farriers: purchaser shall provide any necessary barriers to ensure the safety and privacy of
tha Band and Crew onstage and backstage.
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,
1) House Chairs on the Floor: It is very Important that the chairs are removed at a brisk pace
alter the show (where applicable). Any delay In removal of the chairs directly affOcts the load out
flma,
18. EMER09NOY MEDICAL ASSISTANCE:
Purchaser is responsible for providing necessary medical and emergency staff, facilities,
transportation find equipment at the venue to handle any emergency or medical problems that
may occur during the workday: Purchaser shall have access to the following personnel.
A) Doctor
B) Chiropractor -
C) Ear, Nose A Throat Specialist
19.'INTERNAL.OROUND TRANSPORTATION:
Should Artist Staff be traveling without on tour transportaton, Purchaser shall provide at his sole
cast all internal trdrispcutation for Artist Staff. Transportation vehicles and representative shall
meet Artist Staff at the airport at port of entry and provide safe, reliable travel to hotel, from hotel
to load in, rehearsal and show, from venue to hotel, and from hotel, to part of departure..
Artist Staf f includes:.
a. Band party of 8, with 18 pieces of checked luggage and 16 carry bags.
b, Crew party of 8, with 16 pieoss otaheckad luggage -and a carry bags
Transportation to and from airport can be by charter bus with a separate luggage vehicle, "or by
two M. 16 passenger vans and luggage truck. Hotel to venue and back travel can be by 16
passenger vans, as the calls will be spread throughout the day.
20. SECURITY:
Purdiiaser, shall ensure that the venue maintains Wet security coverage at all access points Into
th v from load 4n unfit the completion ggf load -out.
\gr1,�4 KfVP IVAti I f r.>=ArB, Dt7i4N( -% pE FOi C'
NONE "OF THE SECURITY PERSONNEL. SHALL CARRY OR POSSESS ANY FIREARMS)
CLUBS, FF 0OR pw wftcm DANGEROUS WEAPONS. % Pes&N l- "k+ja T4 a»-ry
20. SECURITY: (CONTINUED)
A General; ((Continued) cruder no circumstances shall uniformed police be allowed in front of
the stage or I* allowed in the barricade area during the Perforrnanoe without the authority of
Artist's, Tour Manager., Artist's Reppresentatives retain the right to demand substitution of any
sacurtty,personnel who, in Artist's Tour Manaagger s sole }udgmeM ere not physically oa ie of
perkmamg their duties. Artist's Raprexntaiives reserve the right to demand immediate
disrrdssal, or replacement "of any "security personnel deemed by "Arrsts Tour Mar�ger not
capable Of"performing'theirduties because of drug or alcohol use, physleai limitations, disruptive
attitude"or use of excessive violence, "
B) Barricade; Purchaser will provide a barricade to be placed in front of the stage, It must bee
MOJO style barricade. "There will be no substltMtions, It must be set and staffed 15 minutes prior
to the opening of the doors. .
07124;2006 18:50 9146864085 PINNACLE ENT PAGE 12 •
C) Multiple Dates d Trucks Prior to Show pay: In the event the Artists production remains in
the venue overnight, the purchaser shall provide adequate werrdght seourlty to ensure the
safety of the Artist's equipment Adequate security shat be that agreed upon by Artist's Tour.
Manager far the given situation. Typical overnight staffing shall be four (4) security personnel. in
the event Me woducilon vehicles arrive prior to show day and need to park at the venue,
Purchaser agrees to provide overnight security, for production vehicles at his sole cost.
(Typically 2 T Shirt Security)
D) Passes: Vffi� all passes to, the engagei na, it Touring Staff shall have
lamind6ed passes, which are to be honored in alt areas of the venue. ArWa Tour Manager shall
issue all other Working and guest passes on the day of show to security and Purchaser Staff.
Copies of the pass sheet shall be placed by the Purchaser at all check points In the venue.
B) Press 1 Photo: At no time will any presslphotographers be granted access to the baddite
area without permission by the Tour Manager or Security Supervisor, The Artists Staff shall
issue appropriate passes to the press and media.
F) 3aourity Personnel: Purchaser shat provide the following secuft personnel to cover the
atege, mix areas, and dressing rooms,
1 At Production Of de from loadan through the bomplallon of ioad•out.
2 At to FOH sound and light mix positions front the opening of doors until the house clears
after the show..
Appropriate security for the stage and ballade area:
a. One (1) At each entry point to the backstage beginning at 4:00p.m. until dismissed by
Artist's Production Manager.
b. Two (a) At each access point to the stage from the opening of the doors until the house
clears after the show.
c. One 0) At each entrance b Artists dressing area (halh"y, etp.) from 4:00 p.m, until
dismissed by the Artist's Tour Manager.
d. wothr gh a ( +) At the Trucks and Busses depending on the venue situation from load-
In
G) Identification: Ail security shaft wear the appropriate clothing to be easily identifiable to
Artisfa Staff. Tshlrt or Jacket with the word "ANT STAFF", clearly and visibly, shall be
acceptable forms of identification. Once pieced in is specific posRian, personnel are not b be
reassigned or moved around the venue. Security personnel must be pro%ssional and courteous
to the audience at all times,
and recordir
to the Artist
procedure.
be checked at gate entry for
available
q Security MeothM., There shalt be a security meeting at 4:30 P.M. every 'chow ,Jby. The
Security; ]lead Usher, Local Police and Artists Tour Manager shall be required to attend.
07/24/2006 18:50 9146864085
PINNACLE ENT
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PAGE 17
20, DRESSING ROOM CATEMNOt
The following should be placed In the dressing room at least one (1) hour prior to indicated time
of SOUND CHECK. Nom, P015 -S C. g&M ; !,UCaft
NOT AL-Owc
Three (9)1 -quart Cartons of Ocean Spray Cranberry Juice
Twetve (12) Cam of Red Bull Energy Drink
One (1) 12 Pack of Coca -Cola'
Ohs (1) 12 Pack of Assorted Sodas (Dr. Pepper / Sprits ! Root Beer)
One (1) 6 Pack of Diet Coke
Twenty Four (24)116.20 oz Bottles of noncarbonated water (Aquafina, Dasann
Six (6) Bottles of Gatorade (Orange, Lime)
Ono (1)1 -qt. Carton of Fresh Squeezed Orange Juice
One (1) HalfGallon2 %Milk 4 .
One (1) Deli tray for 8 People (Turkey, Ham, Roast Beef, Assorted Cheeses)
Two (2) Loaves of broad f (1) Whole Wheat and (1) White
One (1) Small Jar of Grope Jelly
One (1) Small Jar of Peanut Butter
One (1) Assorted Vegetable and Fruit Tray far 6 People (with dip)
One.(1) Bunch -of Ripe Bananas.
One (1) Smog Container of Ripe Blueberries
One (1) Large Bag of Cheese Puffs orChestos
One (1) Assorted Bag of Chocoletas
One (1) Box of Ding Dongs
One (1) Box of Mrs: Fields Cookies
Four (4) Assorted Flavored Power Bars
Two (2) Microwave Style Chef Boy Arde Soups or Snadts
One (1).Large Bag of Tortilla Chips
One (1) Large Jar of Salsa
Two (2) Single Serving Boxes of Total Raisin Bran Cereal
Two (2) Single Serving Boxes of Honey Nut Cheerios Cereal
Two (2) Single Serving Boxes of C000 Puffs Cereal
Six (6) Bottles of Snapple Ice Tea (Assorted Flavors)
One (i) Pot of aStarbUdW' Otound Coffee (French Roast of House Blend) with real cream and
aunnr
One (1) Pot of hot water with tea bags with honey & lemons
Two (2) Disposable iightam
Forty (40) Solo Cups — Red or Blue for Cold Drinks
Four (4) Pair of Large Hanes or'SVD Boxer Shorts
One (1) Pair of Medium Hanes or BVD Boxer Shorts
Five (5) Pairs of White Crew Soft
NOTE: Please place all necessary condiments, i.e. — Mustard, Mayo, Miracle Whip, Salt and
Pepper. As well as all necessary plates, bowls, napkins, and utenols in dressing room.
PLEASE NO STYROFOAM!
07/24/2006 18:50 91468640 PINNACLE ENT PAGE 1B
27. STAGE CATERING: .
Please provide the following to Stage Left 112 hour before the ARTISTS SHOWTIME.
One (1) Case of 16-20 oz. Water
Forty (40)16oz, Red or Blue Solo plastic cups
28. AFTERSHOW-GATERiNG:
For the Bann & Crew during/after load-out, Purchaser shall provide some type of `food to go, .
(sandwiches, Pizza, Chinese, etc.). Artist's Tour or Production Manager will advance food
selection and times: In Addition to the "food to gd, the artists tour busses shall be provided:
Two (2) Quarts of Orange jufob
I'wo'(2) {urge Bottles of Orman Spray rzanbon' Juice
Two (2) Cases of assorted soda -to indude Coke, Diet Coke, 7 -Up .
Two (2) Large bags of tortilla chfpa -on EVEN Numbered Days
Two (2) Bottles of salsa -on EVEN Numbered Days
Two (2) Large Bags of potato chips —on ODD Numbered Days .
Two (2)16 -oz: Cartons of Chip Dip — preferably French Onion -on ODD Numbered Days
Two (2) Cases of water .
All busses to be food down with cubed lee After Show per Artist Production Manager
29. AUDIO SYSTER.
Purchaser to provide at no cost to the artist a professional quality audio and monitor system to
the speollications.approved by Sugar Rays' audio engineers.
kouse Audio System.* V�006 - ,-YCTVK PGA ftYAWC97
The PA system should be able to produce a dean distortion free signal of 120 db IV
weighted 20Hz to 20KHz at the FOH mix position. The PA should be at least a ti- ampGted
system oonslsting of a mld -high box loaded with 12' or 19' woofers and a 2' driver. The Sub
cabinets should consist of 2x 18' woofers. The Artists engineer shall have complete and
absolute bbntrol over the entire audio system.
FDH requirements:
Coneole:
@a 8000 OF A64 He YAM W FM 51) .&A .
Three (3) 113 octavaequaltzation (1'C 1128 or KT DN 360 or BSS)
Ten (10) channels compression
6 ch (63(160s, Idark)
4 ch tuba oompressors (dbx 16091, Summit)
Six (6) channel gates (Klark oraphsx)
One (1) Eventide H3600 multi effects processor
Four (4) reverb units (at least 2lexicon PCM 80,90) and 2 SPX 99wa
One (1) digital delay untt (TO D-2, TC2290 must be able tp p duce a 2264 ms delay)
PlMft
One 1) CD player
One (1) DAT or CD recorder
�L CfS `� UTIt.)2 571ftc 14'1>14 "o kt'D'AJ1TM GDD\h5'DL&3
07/24/2006 18:50
9146864085 PINNACLE ENT PAGE 19
4
Monitor requirements
n e:
Outbcartl
=1) Mides Heritage 3000
d3aar; r per . �/ P M D
Six (6) stereo units of IEM with paddle antennas and combiner with 10 receiver bekpacks
(Shure psm 700'3) or (Sennhaiser ew 300 G2's)
Two (2) Yamaha SPX 990 reverb units
One (1). Lwdoon PCM 80 or TC M2000
Eight (8) thermals of compression (OBX 903, BS8, Klark)
Eight (8) channels of gates (BS8, Kiark, or apheQ
Eight (8) bl-arnped floor wedges (single 127 with a 2" driver)
Preferred; Clair Brothers Audio 12AM or Showco SRM
Altematve: F..AW SM 400 or EV XM 15
One.(1) drum sub — double i5' or a single 18' enclosure
Preferred; Clair Brothers Audio ML 18
One (1) QSC MXTDti power ampllfw including crossover
One (1) 70' E1P4 cable
Four (4) sidealls with subs (wired for stereo and preferably ti- amped)
Preferred; Clair Brothers Audio o-4 / ML 18 or Showco PRISM
Alternative: RAW KF /8B $60
One (1) irneroom station (One (1) at FOH poshion and One (1) at Monitor Position)
System: _.
One (1) 52 Channel snake and proper snake dlistributtcn system
Four (4) Shure UHF Selectable Handheld Wireless Systems w/ Beta 68 Capsules .
Four 4 No stands In addition to Input tist for wireless antenna's
*dOINQtLal P.A.:
to conce—IVvI
supplemental PA may
of additional P.A. .Mm
the house P.A. system may not be s
sts' a the sole determination
led with the additional P.A. Ali be the
and v411 in no way revert
House Audio Teohnielans:
The Audio provider must supply a competent house audio and monitor tbchnician. These
technicians must be Willer with the system and must remain at the venue from load in.,
throughout thelgad -out
07/24/2006 18:50 91468640 PINNACLE ENT _ PAGE 20
30. LIGHTING SYSTF,m. t O Uz,,ir' Sy5T&M -
Purchaser wlll provide and pay for all lighting and appropriate lighting technicians. A minimal.
two (2).truss system 104th a mlahmn -f
. (2) -4PA w�elann.ri '141 .Jhf..to ....a6 124 sable pick. P..W
House Lighting Technician:
Purchaser must supply a lighting technician familiar with the current house lighting aystam. ,
Must be able to remove and reposition existing house lights. The house lighting Technician
Must be availebis ftm ioad-d n throughout the load -cut.
Follow Spots:
Purchaser to 'provide two ¢) follow apots.
ids S.W 24 OF WISMOXeROA Soper T;QtUfPqr;s OF PA 1PAUwReAurand-
Frame Coiars'.
#t Flesh Pink 33
#2 Yellow 109
#3 Mad Lavender $7a
#4 Magenta 126
#5 Mad Blue 00
#6 Golden Amber 22
0
07/24/2006 18:50 9146864085 PINNACLE ENT PAGE 21
At)VANCE SUMMARY
Stage: -48' Wx40'Dx4 -6' H
Wings:
SR' 12' W x 24' D x 2' BELOW STAGE HEIGHT 18' UPSTAGE OF DS EDGE
SL —12` W x 24' D x 2' BELOW STAGE HEIGHT I V UPSTAGE OF DS EDGE
MOW Upstage Left & Upstage Right
WK: Sound118'Wx1.2'Dxt1H
Light % 18'W x12'Dx2' H95 -100' from the stage
Breakfast: 30 minutes prior to load -in, up for 2 hours FOR TOURING STAFF
Lunch: 12 :30 tilt 3:30 p.m. FOR TOURING STAFF
Dinner. 9:00 p:m. (or 3 hours prior to show) till 8 p.m. FOR TOURING STAFF
Power: Sound & Stage . Left— 200 Amp 120/208 volts 3 Phase
Lighting Stage Right- 400 Amp 120/208 volts 3 Phase 4 wire plus earth ground
(WYE oonnected) Within 100' of upstage right
Craw Calls: Load4n
1 Steward o4r�Su nfisaf
4 Loaders
10 Stagehands .
1 Electrician,
1 Forklift: with Operator Of applicable)
Casual Latx►r
1 Runner
Shovr Call
2 -8 FOH Spot Operators
4 Deckhends
1 House Light Operator
Load -out Cap
1 Steward or supervisor
4 Loaders
10 Stagehands
i Electrlcan
1 Forklift with Operator (if applicable)
Towels: Fwe (5) Dozen I Four (4) Dozen White— One (1) Dozen Black
Pn*eftn Office:
�'I 42 ]restricted Phone Lem
One (1) Unre me
1 High Speed n
07/24/2006 18:50 91468640
PINNACLE ENT •
PAGE 22
C
Sugar Ray Rental Equipment List
Rig VKso Woht) RuanyShauP
Tun!'' QMeRJt171�OByrtleyoBir ,JgIUCAM1YUtsMRSYltX GrOtrladrYS '
TXO(� 77 Syre4vlaaEks '
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TunM FW WT*h RaY MRlkew CpMnMOUM
liro rA`rttTRuimlFMadsW'frOOl7odn6
T1aQT WBbdTMWRA s
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Get4r RW tStape Cee)er) MarkMoGraM
OM(i)fv"s BpQWMM9WOMo*ftm4Foot ..
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Two(o)Aa@a OMO WrBw
ptumFat Stee Pmder '
a twee.
atr { +f zr sso-(amc staeaa
4' u(i)1@ex rr-(m 2Rtodm
ReipoFAerrMipereskrBpltomupedr
CyriEel a xb
pw(1)T1wt Uenrbtta HtYlwj
%SWW
TMnl�StrliMfa8L120DTmrASWehmtYhatiwsu)
*�
�n)vA�PU�Ttal rimer
Two t7) t�'BMiRbt TkM (4eAt eot mi9iE @ k�
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I �RD V 3'L�`P D117 (w vr- rc..F"t f
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' Twoi7) @prjx @SSr7pg8fimd Rats�RBd CipMMMtlfOaikCwPel Moo:hrrnY8lrDOUmboerRkxra
e
07/24/2006 10:50 9146864085 PINNACLE ENT PAGE 23
SUGAR FLAY 114PUT UST 2004
in ut
1
Ins
Mon
1
48V
x
nstrumerN
KICK
M SM one I p
91
8ub1
Sub2
Sub3
8ub4
Remarks
2
3
4
5
fi
V
2
3
4
5
6
x
x
KICK
SNARE to
SNARL - bottom
HAT
TIMBALE
Beta 52
Beta 57
Beta 57
5M 81
Beta 98
small boom
small boom
small boom
small boom
7
9
7
x
RACK 1
Beta 98
8
9
8
x I
RACK 2
Beta 98
9
9
x
RACK 3
Beta 98
10
10
x
RIDE
SM 81
small boom
11
11
x
OVERHEAD SR
KSM 32
large boom
12
12
x
OVERHEAD SL
KSM 32
large boom
13
c
13
x
BASS DI
active Ell
14
c
14
BASS POST
XLR
15
c
15
1
ACCOUSTIC, ROD
XLR
16
t6
GTR DIRTY, ROD
Beta 58
own
17
17
GTR CLEAN, ROD
Beta 56
own
18
Is
GTR, MARK
Bata 56
own
19
19.
x
ACCOUSTIC, STAN
active DI
20
20
GTR,STAN
SM 57
own
21
21
REPALY1,LEFT
XLR
22
22
REPLAY I RIGHT
XLR
23
23
REPALY 2, LEFT
XLR
24
24
REPLAY 2, RIGHT
XLR
25
c
—25
x
TURNTABLES
active DI
26
26
x
MPC LEFT
active DI
27
27
x
MPC, RIGHT
active DI
28
Lo
28
ROD VOC
seta 58
large boom
29
to
29
MURPHY VOC
Beta 58
large boom
30
c
30
CRAIG VOC
UHF Beta 58
1 large boom
31
t.c
31
1 STAN VOC
seta 58
1
large boom
32
tc
32
MARK VOC
UHF Beta 58
Straight
33
33
MARK SPARE
UHF Beta 58
34
34
FOH Return
XLR at FOH
35
x
AUDIENCE SL
AT 4073
small boom
36
x
AUDIENCE SR
AT 4073
small boom
37
x
CLICK
active DI
38
x
DJ, CUE
XLR
39
39
TALKBACK FOH
e825
40
TALKBACK MON
e825
NOTES: All We Stands Must Have Circular Bases
T.C. = Tube Compressor
CONTACTS: Produ Manager: Robert Ortiz bile: 948- 292 -6053
Front of House Engineer: Nelson Ward Mobile: 818 - 261.3432
Monitor EnIgneer Andi Ebert Mobile: 323- 363 -1803
07/24%2006 18:50 9146864 5 PINNACLE ENT • PAGE 24
A9 ENOUM
INSURANCE
Without limiting Producers indemnification of City, and prior to
commencement of work Producer shall obtain, provide and maintain at its
own expense during the term of this Agreement, a policy or policies of
liability insurance of the type and amounts described below and i"ri a form
satisfactory to City.
A. CeftiScatas of Insufance . Producer shall provide certificates of
insurance with original endorsements to City as evidence of the
insurance coverage required herein. Insurance certificates must be
approved by City's Risk Manager prior to commencement of
performance or Issuance of any permit. Current certification of
insurance shall be kept on file with Qty-
B. 90nature. A person authorized by the insurer to bind coverage on
its behalf shall sign certification of all required policies.
C. Acceptable Insurl�rs. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance
Commissioner to transact business of insurance In the State of
California, with an assigned policyholders' Rating of A (or higher)
and Financial Size Category Class VII (or larger) in accordance
with the latest edition of Best'a Key Rating Guide, unless otherwise
approved by the Cry's Risk Manager.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Producer shall
maintain Workers' Compensation Insurance and Employer's
Liability Insurance for his or her employees In accordance
with the laws of the State of California. In addition, Producer
shall require each subcontractor to similarly maintain
Workers' Compensation insurance and Employer's Liability
Insurance in accordance voth the laws of the State of
California for all of the subcontractor's employees. Any
notice of cancellation or non -renewal of all Workers'
Compensation policies must be received by City at least
thirty (30) calendar days (10 Calendar days written notice of
non- payment of premium) prior to such change.
The insurer shall agree to waive all rights of subrogation
against City, Its officers, agents, employees and volunteers
for losses arising from work performed by Producer for City.
07/24/2006 18:50 9146864085
•
PINNACLE ENT
•
PAGE 25
ii. General Liability Coverage. Producer shall maintain
commercial general liability insurance in an amount not less
than one million dollars ($1,000,000) per occurrence for
bodily injury, personal injury, and property damage, including
without limitation, contractual liability. If commercial general
liability insurance or other form with a general aggregate limit
is used, either the general aggregate limit shall apply
separately to the work to be performed under this
Agreement, or the general aggregate limit shall boat least
twice the required occurrence limit.
III. Automobile Liability Coverage. Producer shall
maintain automobile insurance covering bodily injury and
property damage for all activities of the Producer arising out
of or in connection with work to be performed under this
Agreement, including coverage for any owned, hired, non -
owned or rented vehicles, in an amount not less than one
million dollars ($1,000,000) combined single limit for each
occurrence.
E. Endorsements Each general liability and automobile liability
Insurance policy shall be endorsed with the following specific
language:
I. The City, its elected or appointed ofiicars, officials,
employees, agents are to be covered as
additional Insureds with respect to liability arising out of work
performed by or on behalf of the Producer.
Ii. The Producer, its prinicipals, officers, agents, or employees
are to be covered as additional Insureds with respect to
liability arising out of work performed by or on behalf of the
City.
ii. This policy shall be considered primary Insurance as
respects to City, its elected or appointed officers, officials,
employees, agents aAdwmtvMWm as respects to all claims,
losses, or liability arising directly from the Producer's
operations or services provided to City. Any Insurance
maintained by City, Including any self - insured retention City
may have, shall be considered excess insurance only and
not contributory with the insurance provided hereunder.
07/24/2006 18:50 9146864 PINNACLE ENT PAGE 26
-2-
iii. This insurance shall act for• each insured and additional
Insured as though a separate policy had been written for
each, except with respect to the limits of liability of the
insuring company.
iv. The insurer waives all rights of subrogation against City, its
elected or appointed officers, officials, employees, agents
and volunteers,
V, Any failure to Comply with reporting provisions of the policies
shall not affect coverage provided to City, Its elected or
appointed officers, officials, employees, agents or
volunteers.
vi. The insurance provided by this policy shall not be
suspended, voided, canceled, or reduced in coverage or In
limits, by either party except after thirty (30) calendar days
(10 calendar days written notice of non - payment of premium)
written notice has been received by City,
F. Timely Plottce of Claims. Producer shall give City prompt and
timely notice of claim made or suit instituted arising out of or
resulting from Producer's performance under this Agreement.
G. Additional Insurance. Producer shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its
awn judgment may be necessary for its proper protection and
prosecution of the work.
II. HOLD HARMLESS
To the fullest extent permitted by law, Producer shall indemnify, defend
and hold harmless City, its City Council, boards and commissions,
officers, agents, volunteers, and employees (collectively, the °Indemni ied
Parties °) from and against any and ail claims (including, without limitation,
claims for bodily injury, death or damage to property), demands,
obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without
limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which
may arise from or in any manner relate directly to any breach of the terms
and conditions of this Agreement, any work performed or services
provided under this Agreement.
-3-
07/24/2006 18:50 9146864085 PINNACLE ENT PAGE 27
Notwithstanding the foregoing, nothing herein shall be construed to
require Producer to indemnify the Indemnified Parties from any Claim
arising from the sole negligence or willful misconduct of the Indemnified
Parties.
City shall indemnify, defend and hold harmless Producer and its
employees from and against any and all. claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgements, fines,
penalties and liabilities which may arise from the negligent or willful acts,
errors and/or • omissions of the City, its City Council, boards and
commissions, offkers, agents, and employees. Notwithstanding the
foregoing, nothing herein shall be construed to require City, its City
Council, boards and commissions, officers, agents, volunteers and
employees to indemnify the Indemnified Parties from any Claim arising
from the sole negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of
attorneys fees in any action on or to enforce the terms of this Agreement.
This Indemnity shall apply to all claims and liability regardless of whether
any insurance policies are applicable, The policy limits do not act as a
limitation upon the amount of indemnification to be provided by the
Producer.
piea-s C.
Ctkj n f
OtwPor -
$ea *'.)
InI+IOJ
SMmp.tL
Craig, Teri
From: Susan Burke [ susan @pinnacleentertainmentinc_com]
Sent: Thursday, August 03, 2006 10:34 AM
To: Craig, Teri
Subject: Re: Sugar Ray
Hi Teri,
Sorry it's taken me so long to get back to you on this...it's been so busy
here.
Chip Quigley is the band's manager. I'm not sure what his "official" title
would be. Could we just say Artist Manager? .
Sugar Ray's corporation is SMMRC Tours, Inc. Does that make sense?
Hope this helps. Let me know if you need anything else.
Best Regards,
Susan Burke
Pinnacle Entertainment
3D Glenn Street
White Plains, NY 10603
Tel: (914) 686 -7100
Fax: (914) 686 -4085
AIM: SusanPinnacleEnt
• From: "Craig, Teri" <TCraig @city.newport - beach.ca.us>
• Date: Tue, 25 Jul 2006 06:59:42 -0700
• To: "Susan Burke" < susan @pinnacleentertainmentinc.com>
• Subject: RE: Sugar Ray
> Sorry Susan - one more thing that you could help us out with.
• Can you give me some language that explains what the relationship
• between SMMRC and Sugar Ray is.
> Also - the title for Chip Quigley - you know government they like to
> know everything. Appreciate your assistance in this.
• - - - -- Original Message - - - --
• From: Susan Burke (mailto: susan @pinnacleentertainmentinc.com)
• Sent: Monday, July 24, 2006 4:11 PM
• To: Craig, Teri
• Subject: Sugar Ray
> Hi Teri,
• I'm faxing the executed contract to you right now... please let me know
• if
• you need anything else.
> Thanks for all your help.
• Best Regards,
• Susan Burke
• Pinnacle Entertainment
• 30 Glenn Street
• White Plains, NY 10603
• Tel: (914) 686 -7100
• Fax: (914) 686 -4085
1
!ULi 0,,r
.:. 1 h:rh
O OF NEWPORT BEACO
CITY COUNCIL STAFF REPORT
C -3g5�
Agenda Item No. 6
(July 11, 2006)
TO: -- HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Recreation & Senior Services Department
Marie Knight, Director- 644 -3157 - mknight na.city.newport- beach.ca.us
SUBJECT: Centennial Contract Approval: Entertainment Contract with Sugar Ray for
Closing Event
RECOMMENDATION
Staff recommends that the City Council approve the attached contract with Sugar Ray for
providing entertainment at the Centennial closing event — 100 Years Between the Piers on
October 8, 2006.
DISCUSSION
Currently plans are underway for the closing Centennial event 900 Year Between the Piers to
be held on October 8, 2006. The event will be simultaneous beach parties at both the Balboa
and Newport Piers each featuring signature entertainment, games, family activities, food booths,
exhibits, and will close out the year long celebration with a fireworks display from each pier.
The entertainment line up at the piers will be as follows
Balboa Newport
Common Sense The Young Dubliners
The Chanteys Pancho Sanchez
Billy Vera and the Beaters Stonebridge
Dick Dale Sugar Ray
Both headliners, Dick Dale and Mark McGrath of Sugar Ray, are from Newport Beach and we
are excited to have our hometown talent closing out the centennial year.
Gerald Ishibashi, with Stonebridge Productions, is a resident of Newport Beach and has
volunteered his time and entertainment industry expertise to again work with the events
committee assisting with entertainment needs. Gerald has worked with the Fashion Island
Concert Series and the Hyatt Jazz Festival locally and is highly regarded for his professionalism
and ability to produce high quality shows. We are fortunate to have Gerald working with the
Centennial, and appreciate that he has secured the above listed entertainment for this event.
Staff is working with Gerald on all of the entertainment contracts including the attached
agreement for Sugar Ray in order to be sure that we are not making commitments through this
contract that are not standard in the entertainment industry, nor committing to obligations that we
may not be able to keep.
Centennial Cont*Approval: Entertainment Contract V&ugar Ray for Closing Event
July 11, 2006
Page 2
The majority of the entertainment contracts fall within the City Managers authority to execute with
the exception for this contract for Sugar Ray. Staff understands that the manner in which this
contract is presented, with language crossed out and changed, is not consistent with what is
customarily put forth to the City Council for approval. However, in working with Gerald, staff has
been assured that this is generally how entertainment contracts are handled. The attached
contract and performance rider are standard for Sugar Ray and as the venue
operator /purchaser, we are asked to make any necessary changes to the agreement and submit
it to the Talent Agent for their approval. The changes we have proposed have been approved in
advance by the Talent Agent.
The performance fee for Sugar Ray is $60,000. Normally, their fee is $80,000 and higher,
however, Gerald has a prior relationship with them and was able to negotiate this fee. The fee is
due to be paid in two installments with the first due at the time of execution of this agreement and
the second the day of the performance. This fee does not include the productions costs
associated with this performance and the various other entertainment at the event.
Prepared & Submitted by
Marie;Knight, Recreotion & Senior Services Director
Attachments: Sugar Ray Contract and Rider
0
P 1 N.-NIA G-1. E
0 "RECEIVED AFTER AGENDA
PRINTED:" g� '-11-Qrg
This contract for the personal servk= of musicians / artists on the engagement dncribed herein, made this
May 24,2W, between the undersigned purchaser of music (herein called yew and five
musicians/ardsts. p u'(z wwo-
The musicians / artists are engaged severally on the terms and conditions on the fate of this coaham The
Undersigned leader represents and guarantees that tiro musicians / artists designated herein have speed to be
bound by the burrs and conditions hued The musicians / artists severally agree to render services under
the undersigned leader. Subject to the laws of the am when this performance takes place.
L Engagement(Locationk Newport Plee
(Addressy: McFadden P(. & Balboa Blvd W. , Newport Beady CA 92660
2. Band or group (no=): *Sugar Ray 100% Festival Billing, Artist Closes Show
With: 7TBA/
AMA V- mc.t4RATa Muse PE2wKM
3. Emppment date(s): Suaday, October 8, 2006 One 60+ hfinde Set
Doors: 2:00 Show: 2-OD Petforamnca 969- 7:30pm
4. Type of Engagement: 'm en ue, 20,000 Tickets: $0.00 ADV / $0.00 DOS
Tax: 0.00 % Venue Surcharge: None Net Potential: $0.00
ANY UNAUTHORmw CBANGE iN CONPRACTED 11CBE'P PRICE is TO BE 14a% PAYABLE TO ART=
S. Wage Agreed Upon: $60,000 Fiat Owramee
Tax On Artist's Terms: 0%
6 Merchandising Deal: 75/25 Artist Seib
530,000 deposit due an W2006. Balance of guarantee plus any applicable percentages payable on
demand in cash or certified check form. :Purchaser agrees to provide and pay for a first dam sound and light system
to meet ardses approval.
Soundcheck la Mandatory. Artist wilt ba paid in full, rain or shine.
without prior approval
dorrnance must be approved by Pinnacle Entertainment Any comp tickets that we distributed
be 100% payable to artist at the fall ticket price.
Artist will not be held responsible for building damages unless such damage arises out of any negligent or intentional
acts or omissions by the producer /artist, its agants, employees, or representatives,
Don Webb, City of Newport Beach
Stonebridge, I.t.0
X
3300 Newport Blvd, PO Bout 1768
Newport Beach CA 92658
S.M.M.R.C. Tours, Inc.
X
29500 mn Park Blvd., #300
Santa Monica, CA 90405
714.639.1007 Fed 1Dfi 954648"11 S.M.M.R.C. Toms, Inc.
30 GLENN STRWr a y*M. PLAw& N71oew s PHONE: 914686-7100 • FAX, 9146864085 .
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SUGAR RAY RIDER 2005
THIS RIDER AND THE INFORMATION CONTAINED HEREIN IS CONFIDENTIAL AND
PROPRIETARY TO S.M.M.R.C. TOURS, INC. AND IS BEING PROVIDED IN CONFIDENCE, ON
THE UNDERSTANDING THAT THE RECIPIENT WILL OBSERVCE AND COMPLY WITH THE
TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. THE ACCEPTANCE OF THIS
RIDER SHALL CONSTITUTE AN AGREEMENT TO BE BOUND BY SUCH TERMS AND
CONDITION. THIS RIDER AGREEMENT IS AN INTERGRAL PART OF THE CONTRACT TO
WHICH IT IS ATTACHED AND MUST REMAIN ATTACHED TO SUCH CONTRACT AT ALL
TIMES, ANY ALTERATION TO THE TERMS OF THIS RIDER OR THE CONTRACT HAS NO
VALITITY AND SERVES NO PURPOSE, UNLESS AUTHORIZED BY THE ARTIST'S
REPRESENTATION. THE FACILITIES AND ARTITT'S REQUIREMENTS SPECIFIED IN THIS
RIDER ARE TO BE PROVIEDED BY THE PURCHASER AT NO COST TO THE ARTIST.
NOTc: PrU-, CITY CCNTRACT5 Al2E PuBuIC DockAFMTS
THIS RIDER Is attached to and .hereby made part of the Icertain Concert Agreement
( °Concert Agreement") dated 1 L day of _ yi een S.M.M.R.C. Tours, Inc.
(hereinafter referred to as "Producer) representing the attists'SUGAR RAY (hereinafter referred to
as "Artist") and .fie o� /Vyi. Sagr+ gf�! h (hereinafter referred to as
"Purchaser") regardinO the Enga ement of Artit in live public copcer n t h day of
- X+Vb -r-r 2V5 at off Lef in LV4?-J (n -e&64,
( "Engagemenf1. Zr
TOUR RELATED CONTACTS
MANAGEMENT
Kingdom Entertainment, LLC
231 West 29th Street, Suite 807
New York, NY 10001
Tel: 212 -947 -2595
Fax: 212 -967 -6362
Contact: Chip Quigley / Eltssa Kazdin
TOUR MANAGEMENT
Robert Ortiz
Mobile: 949- 292 -6053
Email: fudog666@earthlink.not
BOOKING AGENCY
Pinnacle Entertainment
30 Glenn Street
White Plains, NY 10603
Tel: 914- 686 -7100
Fax: 914 - 6864085
Contact: John Dittmar / Scott Sokol
PRODUCTION MANAGMENT
Robert Ortiz
Mobile: 949- 292 -6053
Email: fudog666@earthlink.net
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RIDER AGREEMENT
BILLING: I✓ IT�f
Artist shall receive 100% headline billing in any and all /publicity releases and paid
advertisements including, but not limited to, programs, fliers, signs, lobby boards and marquees.
No other names or photographs shall appear in type with respect to size, thickness, boldness
and prominence of the type accorded Artists, and no other name or photograph shall appear on
the same line or above the name of Artists. If Artist is in support of another performer, Artist
shall receive 76% special guest billing.
2. CONTROL OF PRODUCTION:
Artist shall have the sole and exclusive control over the production, presentation and
performance. Contracted show times - one 60 minute show per night, length evid eonte-nt of
- sale dissretreR . The purchaser agrees to ensure that there is a period of at least 30 minutes
immediately prior to the Artist's road crew to check equipment.
L*I&SI I a I :IAI;J =1 Z1191 V ! J 1 :466 1
Purchas s that the appearance of any other act(s) on the same bill as e
subject Artists approv will have the right to deter g as well as nature of
performance of any and all other aser agrees that there will be no Master of
Ceremonies n peeches, no intro adio stations, sponsors or other), and
monies at intermissions without prior written approva
4. REPRODUCTION OF PERFORMANCE: ) use bes} e-{{Oris "}U
Purchaser agrees that no portion of he performance rendered hereunder may be broadcast,
photographed, recorded, filmed, tap or embodied in any form for the purpose of reproducing
Artists performance. Purchaser will deny entrance to any persons carrying audio or video
recording devices. The only persons that will be granted the opportunity to photograph, tape, or
film Artists performance, must have prior written permission by Artists Management. Requests
must be submitted a minimum of (14) fourteen days in advance of engagement. Artists Tour
Manager will issue a Photo Pass for the day's event, no other pass (house, press, or other)
will be honored. If in the event the purchaser allows the photography, filming or taping of the
Artists performance, it will be the Purchasers sole responsibility to obtain any and all film, tape,
or material in which said performance was recorded, and immediately deliver to Artists Tour
Manager.
ASSUMES LIABILITY:
Purchaser here y a and responsibility for the payment of s,
expenses, charges, claims, losses, liabilities, a to or based upon the
presentation or producti sows in which Artist is to appear t ere
ise.
IPONSORSHIP:
All for orship, whether part of an ongoing series or specifically for Arti
be authorized by Arks . is name is not to ny way with any form of
sponsorship or endorse but not limited to commercial or political,
r written agreement of the Artist's represe
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7.409 N LIMEN=TICKETS: '
Artist ceive sixty (50) complimentary tick shows. If Artists compensation is
measured in part tentage of the ox office receipts, then art ist shall have the right
to limit the number of comp i ckets distributed by the purchaser. Artists duly authorized
representatives s e the right to be p the box office at all times. Purchaser must
be able ocument all tickets sold and expense at the request of artist's
Purc shall pay and hold Artist harmless of and from any and all t e
like relating to agement the aya a to Artist shall be free of such
tay e Rest ks `zESPoNS(RLE PC I2 owns b +110
r=�vs� raxc�.
PERCENTAGE FEE & BOX OFFICE:
he purchaser agrees that in the event of the Artist's fee being related to a percentage of
re ipts from ticket sale then the following provisions shall apply:
A) On a tickets there shall be printed the name of the Artist, date and time of the a agement,
name of 09,venue and the respective ticket price. All tickets must clearly differe late between
the price of a ' ket sold in advance and one sold on the night.
B) Any percentag ayment due to the artist shall be calculated o e number of persons
admitted not includin tall, a purchaser guest list of not more th twenty (20) persons, and
guests of the artist, whit ill not exceed sixty (60) persons unl s previously agreed in writing
by the artist.
C) In the event of the Artists fe eing related to a rcentage of ticket sales. The producer
must provide at time of settlement, a ompleted ti t drop, bundled in packages of 100 tickets
and accounted for on a drop count shee ertifle y the box office, as well as, all unsold tickets
D) If Purchaser violates any of the prov' on stated in this paragraph in regards to tickets, it
shall be deemed that Purchaser has old a ticket in the house at the highest price printed for
each ticket that is not accounted f
E) If the Artist's fee is in an ay related to the purXchased ction costs then the purchaser
shall furnish the tour m ager with a detailed list by receipts) at the time of the
Artist's fee is paid.
F) Purchaser rees to permit Artist's Representative to enter Box ce at any time during the
day ofpe mance.
G) rchaser agrees to furnish Artist's Representative a printed box offices ment at time of
vai to venue, as well as, a certified box office statement at the time of settleme
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10. INSURANCE:
A) Purchaser agrees to provide comprehensive general li ' - suranff� ce in the amount of five
million dollars( 00) (including, without ' on, coverage to protect against any and
all injury to persons or pro s equence of the installation and/or operation of the
equipment and instruments a st and/or its employees, contractors and agents).
This certifi a faxed to Pinnacle En ment one week prior to the show date.
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B) Neither Producer fi rtist shall be responsible for damage or injury to any patrons, or the
venue, or any fixture or persOnqll property therein, caused by fans or any others not engaged by
Producer. Purchaser shall indemn and hold Pro ist harmless from any third -party
claims. No claims, deductions or offse mage b the venue, or any fixtures or personal
property therein, allegedly ca roduce rsons engaged thereby shall be made by
Purchaser unless pr such damage and cau hereof is provided to Producer and
Producer appr m writing such claim, deduction, or offset.
C) Purchaser further ag-fees,0 provide full all -risk insu age for all equipment and
instruments provided by the Artis /or its a le es, contractors, and agents against fire,
vandalizing, damage to, or complete gate public liability insurance. This certificate
must be produced to the Artis request. S Tet nc. and Chip Quigley, as well
as, all Artists' personn ust be named as additional insured on said Do ies.
11. MERCHANDISING:
The Purchaser will provide a well -lit secure place to erect a merchandising stall. This shall be in
a position as to be easily visible to the public using the main entrance. Aftist Feserves the Fight to
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12. FORCE MAJEUR:
In the event that a result to illness or injury, detention resulting from inability to obtain
reasonable modes of transportation, riots or other civil strife, strikes or other forms of labor
disputes, epidemic, an act or order of any public or governmental authority or court, any act of
God, or any other cause beyond the Artist's reasonable control the Artist shall be unable to fulfill
the obligations on his part to be performed thereunder with regard to the engagement(s) then in
such event neither party hereto shall be entitled to make any claim against the other party for
non - fulfillment of any outstanding obligations yet to be performed on the part of such other party.
CANCELLATION, TERMINATION:
Vfist.Enay terminate the agreement if:
1. Any individu ember of the Artist or Sound Engineer or Lighting Director contracted fo
show shall die, beco or incapacitated for any reason : or
2. In Artist's judgment, performa f the engagement m ctly or indirectly expose any
member of the Artist, or any employee Arti y employee of any company contracted
by Artist or by Purchaser, or any portio a ience, to danger of injury or civil strife of any
kind: or by reason of any thr utbreak of violent .
3. Pe ce of any of Artist's obligations shall expose any ber of Artist's employees,
agents or independent contractors to civil or criminal proceeding of any
14. INCLEMENT WEATHER:
Notwithstanding anything contained herein, inclement weather shall not be deemed to be a
force majeur occurrence and the Purchaser shall remain liable for payment of the full contract
price even if the performance(s) called for herein are prevented by such weather conditions. The
Producer shall have the sole right to determine in good faith whether any such weather
conditions shall render the performance(s) impossible, hazardous or unsafe.
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16. MISCELLANEOUS:
The Purchaser agrees that he will not commit the Artist to any personal appearances,
interviews, or any type of promotional activity without the prior.written consent of the Artist's
representation.
16. DAMAGES:
In venues where alcohol is sold, please be aware that Purchaser will be 100% responsible for
any damages to restrooms, seats, and all other building facilities. Artist's tour manager will not
accept any damages in settlement from venues where alcohol is served before, during or after
Artist's performance.
CAIVtOUT C_jo N 1 tCOC.-
Further, Artist will not, be responsible for seat or building damage under any circumstances,
particularly with respect to damage incurred during or due to actions or provocation of any other
act(s) on bill.
17. PURCHASER'S LOCAL REPRESENTATIVE:
Purchaser shall provide at his sole expense a local representative who has the authority to
make binding decisions on behalf of the purchaser, financial or otherwise. Local Representative
shall be present from load4n until the completion of load -out, and check with Artist's Production
Manager prior to leaving the venue.
AGREED TO AND ACCEPTED BY:
SIGNED:
(PURCHASER)
DATE:
PRINTED:
SIGNED: PRINTED:
(ARTIST)
DATE:
i15T 'aE t` KlL- 113L1= eDi2- tom _ ci Pi ''r Std �Me,&7 !�
Ttrt iF `P SC PVTl 47/ ?-X A-G:vRe-63) t,; Pc rQ
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TECHNICAL SPECIFICATIONS
1. STAGING:
Purchaser shall provide a first class stage, roof, and mix position. Outdoor staging must be on
the same professional level as those constructed by Stage Co., All Access, Mountain Staging
Productions, and some companies with Tomcat roof systems are acceptable. The stage shall be
a minimum of 48 feet wide by minimum of 40 feet deep by 4 -5 feet high at the front edge of the
stage. The Stage must have a clearance of 24 feet from all overhead obstacles and house
lighting. The stage surface shall be level, strong, and smooth, with no holes or protrusions.
There shall be step units upstage left and right. The monitor mix position is off stage left. The
guitar tech areas are of stage left and right. The Stage right wing shall be 12 feet wide by 24 feet
deep, even with or no greater than 2 feet lower than the stage. The stage left wing shall be 12
feet wide by 16 feet deep, even with or no greater than 2 feet lower than the stage.
2. STAGE RISERS:
Purchaser shall provide (2) stage risers. It must be strong, stable, and have black skirting. They
shall be 8 feet by 8 feet by2 feet high. The risers must be available at time of loadnn.
3. FRONT OF HOUSE MIX:
The front of house sound mix position shall be located 95 -100 feet from the front of the stage.
Outdoor FOH mix positions must be covered to protect from the sun as well as from rain and
other bad weather conditions. Mix position shall be completed prior to production load -in. The
sound mix shall occupy and area 18 feet wide by 12 feet deep and may be elevated 1 foot
above the venue floor. The lighting must be located behind the sound mix and will require an
area of 12 feet wide by 8 feet deep and should be elevated 2 feet above the venue floor.
4. WORK LIGHTS:
There must be work lights located throughout the concert site to light the stage, wings, loading
dock area, mix position, and the area between the mix position and the stage. These lights must
be powered and available to be used at any time from the beginning of load -in throughout the
load -out.
5. PLASTIC TARP MATERIAL:
For amphitheater and any other outdoor venue, Purchaser shall provide 6 rolls of "Visqueen"
plastic tarp or similar material, 100' long by 20' wide, 4-6 mil thick, preferably clear. This material
shall be available atthe beginning of the production load -in.
6. FOH SNAKE RUNS:
Whether there is a trench, or conduit, or extensive matting, this run shall be prepared and ready
for use at the time of load -in of Artist's Production. Any permanent in house snake or cable
troughs that are to be used by Artist Production shall be cleaned and dry prior to load -in. If
snakes run from the side of the stage to the FOH mix position Purchaser must provide matting
for the entire run both stage left and stage right.
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7. FOH FOLLOW SPOTS:
Purchaser to provide two — six follow spots. Smaller indoor venues shall have two (2) FOH
follow spots. For arenas, amphitheaters and outdoor stadium shows, Pufelisser she'! provide
8. POWER:
Should standard electrical power not be available at the concert site or should Artist Production
Manager deem onsite power unreliable, the Purchaser shall provide electrical services by
generators. Showpower is the generator company of choice by Artist Production. The
generators shall arrive full of fuel. There must be ample fuel supply for the generators
continuous operation. Insure that there are proper grounding techniques and hardware for the
power supplies.
Audio: 1 x 200 AMPS per leg — Three Phase
(all stage power for musical equipment will be distributed from this service.)
Lighting: 1 x 400 AMPS per leg — Three Phase
9. ELECTRICIAN:
Purchaser shall provide the service of a house electrician and/or generator operator to be
present and on call throughout the workday.
10. HOUSE LIGHTS:
Artist production shall have total control of all house lights, including all sponsor and
advertisement panels. Operators shall be in position thirty (30) minutes prior to show time.
11. FORKLIFTS:
Where Applicable and deemed necessary by Artist Production Manager, Purchaser to provide
one (1) heavy duty forklifts capable of operating in all areas of the venue. These forklifts shall
have side shift capabilities, pneumatic Gres where applicable, and have a minimum lift capacity
of 5000 pounds. Forkift shall be delivered full of fuel, and additional fuel shall be available
onsite from start of load in through load out. Purchaser shall provide qualified operators for this
equipment.
12. TEMPORARY ROADWAYS:
Purchaser shall provide any materials (plywood, mesh panels, heavy -duty rubber matting, etc.)
necessary to insure proper truck or forklift access to mix position; delay platforms, and stage.
13. PERMITS AND LICENSES:
It is the responsibility of the Purchaser to obtain any necessary local permits or licenses
pertaining to the performance. There must be no sound limitations or time curfews imposed
without our prior knowledge and consent. Artists Production Manager shall be informed by the
Purchaser thirty (30) days in advance of show day of any curfews or limitations.
Pyro: In the event that Artists show incorporates the use of Pyrotechnics, the Purchaser will be
responsible for securing all necessary city ! state licenses and permits and/or Fire Marshall
approval and supervision. These licenses ! permits will be calculated as show costs. In the
event that a local shooter is required by jurisdiction, that will also be a show cost. This will be
discussed during Purchasers technical advance with Artists Production Manager.
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14. PARKING:
The tour is traveling with one (1) tractor- trailer and two (2) buses. The tour will need to park
these vehicles as close as possible to the stage door. Purchaser shall obtain any necessary
permits required for parking these vehicles legally.
15. SOUND CHECK:
a. The Artist and Band shall require a sound check before each performance.
b. The sound check shall last approximately sixty (60) minutes.
17. VENUE PREPARATION:
A) General: Unless otherwise requested, Purchaser shall furnish at his sole cost access to the
place of engagement no less than 12 hours prior to show time. The venue shall be clean, well
lit, ventilated and property heated or air - conditioned.
B) Access: It is essential that there be no obstruction to the load -in of the Artist's equipment.
Please have parked vehicles, chair racks, dumpsters, bleachers or any other obstruction
removed prior to the rigging call in the morning. This includes snow and ice removal.
C) Fire Extinguishers: Purchaser shall supply at least two (2) twenty (20) pound fire
extinguishers in the backstage area upon load -in.
D) Toilet and shower Facilities: Purchaser shall provide adequate toilet facilities to all
backstage areas for the exclusive use of the Artist's Production Staff and Band. Showers with
hot and cold running water must be convenient to the backstage area. Where showers are not
convenient to the backstage area, Purchaser shall make arrangements at his (her) sole cost for
three (3) hotel rooms for the day and transportation to and from these rooms for Crew and Band
showers.
E) Trash Bins: Purchaser shall insure there are plenty of trash containers placed throughout
the venue to present an attractive, clean operation. Please place one (1) trash bin stage left and
right.
F) Labor: Any venue labor requirements shall be completely separate from production labor. If
the labor pool is the same, please add the appropriate number of hands to complete all
necessary work during the workday.
G) Barriers: Purchaser shall provide any necessary barriers to ensure the safety and privacy of
the Band and Crew onstage and backstage.
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1) House Chairs on the Floor: It is very important that the chairs are removed at a brisk pace
after the show (where applicable). Any delay in removal of the chairs directly affects the load out
time.
18. EMERGENCY MEDICAL ASSISTANCE:
Purchaser is responsible for providing necessary medical and emergency staff, facilities,
transportation and equipment at the venue to handle any emergency or medical problems that
may occur during the workday. Purchaser shall have access to the following personnel.
A) Doctor
B) Chiropractor
C) Ear, Nose & Throat Specialist
19. INTERNAL GROUND TRANSPORTATION:
Should Artist Staff be traveling without on tour transportation, Purchaser shall provide at his sole
cost all internal transportation for Artist Staff. Transportation vehicles and representative shall
meet Artist Staff at the airport or port of entry and provide safe, reliable travel to hotel, from hotel
to load in, rehearsal and show, from venue to hotel, and from hotel to port of departure.
Artist Staff includes:
a. Band party of 8, with 16 pieces of checked luggage and 16 carry bags.
b. Crew party of 8, with 16 pieces of checked luggage and 8 carry bags
Transportation to and from airport can be by charter bus with a separate luggage vehicle, or by
two (2) 15 passenger vans and luggage truck. Hotel to venue and back travel can be by 15
passenger vans, as the calls will be spread throughout the day.
20. SECURITY-
d, iring the pedounance shall anyone except the Adisgs St2ff be allwAged in the stage area.
The
Purchaser shall ensure that the venue maintains strict security coverage at all access points into
thiQ venue from load -in until the completion of load -out.
SECut21ry WILL Ke�C'P 150h �' UeK puko(_ PE`pr= vs�A -NXtF
NONE OF 7HE SECURITY PERSONNEL SHALL CARRY OR POSSESS ANY FIREARMS,
CLUBS, HANDCUFFS OR DANGEROUS WEAPONS.
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20. SECURITY: (CONTINUED)
A) General: (Continued) Under no circumstances shall uniformed police be allowed in front of
the stage or be allowed in the barricade area during the Performance, without the authority of
Artist's Tour Manager. Artist's Representatives retain the right to demand substitution of any
security personnel who, in Artist's Tour Manager's sole judgment, are not physically capable of
performing their duties. Artist's Representatives reserve the right to demand immediate
dismissal or replacement of any security personnel deemed by Artist's Tour Manager not
capable of performing their duties because of drug or alcohol use, physical limitations, disruptive
attitude or use of excessive violence.
B) Barricade: Purchaser will provide a barricade to be placed in front of the stage. It must be a
MOJO style barricade. There will be no substitutions. It must be set and staffed 15 minutes prior
to the opening of the doors.
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C) Multiple Dates ! Trucks Prior to Show Day: In the event the Artist's production remains in
the venue overnight, the purchaser shall provide adequate olernight security to ensure the
safety of the Artist's equipment. Adequate security shall be that agreed upon by Artist's Tour
Manager for the given situation. Typical overnight staffing shall be four (4) security personnel. In
the event the production vehicles arrive prior to show day and need to park at the venue,
Purchaser agrees to provide overnight security for production vehicles at his sole cost.
(Typically 2 T Shirt Security)
D) Passes: The Artist shall supply all passes fo, the engagen. . Touring Staff shall have
laminated passes, which are to be honored in all areas of the venue. Artist's Tour Manager shall
issue all other working aryl guest passes on the day of show to security and Purchaser Staff.
Copies of the pass sheet shall be placed by the Purchaser at all check points in the venue.
E) Press ! Photo: At no time will any press/photographers be granted access to the backstage
area without permission by the Tour Manager or Security Supervisor. The Artist's Staff shall
issue appropriate passes to the press and media.
F) Security Personnel: Purchaser shall provide the following security personnel to cover the
stage, mix areas, and dressing rooms.
1 At Production Office from load -in through the completion of load -out.
2 At the FOH sound and light mix positions from the opening of doors until the house clears
after the show.
Appropriate security for the stage and barricade area:
a. One (1) At each entry point to the backstage beginning at 4:OOp.m. until dismissed by
Artist's Production Manager.
b. Two (L) At each access point to the stage from the opening of the doors until the house
clears after the show.
c. One (1) At each entrance b Artist's dressing area (hallway, etc.) from 4:00 p.m. until
dismissed by the Artist's Tour Manager.
d. Two or More (2 +) At the Trucks and Busses depending on the venue situation from load -
in through the completion of load -out.
G) Identification: All security shall wear the appropriate clothing to be easily identifiable to
Artist's Staff. T -shirt or jacket with the word "EVENT STAFF ", clearly and visibly, shall be
acceptable forms of identification. Once placed in a specific position, personnel are not b be
reassigned or moved around the venue. Security personnel must be professional and courteous
to the audience at all times.
audience must be checked at gate entry for
and recording devices, bottles, weapons o
to the Artist. A centrals a e made available to tag
ring this procedure.
1) Security Meeting: There shall be a security meeting at 4:30 p.m. every show dhy. The
Security, Head Usher, Local Police and Artist's Tour Manager shall be required to attend.
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PRODUCTION OFFICE:
Purc,hase.r shall provide an office, trailer, or like facility that is
contro The Production Office must have toilet facilities in
Production IMAge must contain the following items and be available
Two (2) 4' Folding Ban Table with Clean,
Six (6) Chairs
Two (2) Small Waste Baskets with '
Two (2) Direct Dial Phone th N i
One (1) Direct Di ine with NO Restricti
One (1 r High Speed Internet Line
clean, lockable
or near tot ce. The
one our prior to load -in.
22. MISCELLANEOUS:
a. Oxygen: Purchaser shall provide one (1) small Oxygen unit with qualified operator on site
and phone number of local medical supplier
Purchaser shall provide the following service to be made available
taffatthe start of the day. Use shall be based xpressed by
Production Manager
same day service. A
and capable of same
ssional dry cleaning service capable of
that provides fluff a nd fold service that is
c. Towels: Purchaser shall provide ten (5) dozen clean bath size towels. One (1) dozen to be
on site thirty (30) minutes prior to load -in. Remaining four (4) dozen on site before 2:00 p.m. of
show day. Dressing rooms will require two (2) dozen of the above mentioned towels as well as
the Production Office. Please provide one (1) dozen of these towels in a dark color for o nstage
use.
23. TOUR CONTACTS:
Artist Management
Kingdom Entertainment, LLC
Tel: 212 -947 -2595
Contact: Chip Quigley / Elissa Kazdin .
Artist Booking Agency
Pinnacle Entertainment
Tel: 914 -686 -7100
Contact: John Dittmar / Scott Sokol
Artist Tour Management
Robert Ortiz
Mobile: 949- 292 -6053
Email:. fudog666Qearthlink.net
Artist Production Management
Robert Ortiz
Mobile: 949- 292 -6053
Email: fudog666@earthlink.net
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23. CREW CALLS:
These are for the touring production and do not reflect any labor for stage, roof, light or sound
installation, or other venue preparations. Purchaser shall inform Artists Production Manager 14
days in advance of show day of any union rules, or building, or local civic policies that will affect
our workday.
DAY OF SHOW
1. Load -in
1 Steward or Supervisor
4 Loaders
10 Stagehands
1 Electrician
1 Forklift with Operator (if applicable)
2. Casual Labor
1 Runner
3. Show Call
2-6 FOH Spot Operators
4 Deckhands
1 House Light Operator
4. Load -out Call
1 Steward or Supervisor
1 Steward or Supervisor
4 Loaders
10 Stagehands
1 Electrician
1 Forklift with Operator (if applicable)
�`j
24. DRESSING ROOMS:
0
Sugar Ray Dressing Room
1. This lockable room is for the sole use of Sugar Ray and touring staff.
2. It is extremely important that this room be immaculately clean and maintained at a
comfortable temperature.
3. This room shall be large enough to accommodate up to Twelve (12) people including
furniture for comfortable seating (example: small sofa, love seat, chair, table, end table,
lamp, large floor rug).
4. This room shall be clean, well lit (room and mirrors); temperature controlled and have
private toilet and shower facilities with hot and cold running water.
5. This room shall contain a full - length mirror and clothes rack with 12 hangers, two (2) 120
V AC outlets. This room shall contain twelve (12) clean, terry cloth towels. Twelve (12)
terry cloth wash cloths, Five (5) bars of soap and Two (2) boxes of Kleenex.
This room shall be ready five (5) hours prior to show and available through load -out.
Hospitality Room
One (1) clean, large room is required for the accommodation of the Artist's Band and
Guests. Please provide two (2), eight (8') foot tables with the proper linens to present an
attractive hospitality suite. This room shall be large enough to accommodate a minimum of
twenty -four (24) people. Furniture including sofas, chairs and tables are needed in this
room as the Band and Guests shall use this space throughout the day.
One (1) clean, large,
11
completion
16
0
25. CATERING
E
Please note that no allowances have been made for local staff in any quantities set forth below
a. Purchaser shall provide chilled beverages and hot coffee throughout the day.
Breakfast— For Fourteen (14) People / Available 30 Minutes Prior to Load In until 11:00
PRODUCTION MANAGER WILL ADVANCE BREAKFAST.
Hot eakfast consisting of Eggs, Sausage, Bacon, Pancakes, French Toast,
Assort Juices to Include Orange, Grapefruit, Cranberry, Lemonade, Etc.
Milk — N Fat, 2% and Whole
Coffee, Tea nd Hot Chocolate Set Up
Bottled Water
Assorted Sodas o Include Coke, Diet Coke, Dr. Pepper, Etc.
Gatorade to inclu RipTide Rush, Orange, Lemon, Etc.
Cereal selection to i lude Cheerios, Corn Flakes
Assorted yogurts
Whole wheat, Multi -grai , \andWhite bread
Peanut butter and jellies.
Bagels and cream cheese
1 blender
Assorted fruit
c. Lunch — For Fourteen (14) people /
Lunch should include two main c
soup, and assorted fruit. There
assorted soda, iced tea, juices,
that hot beverages are serve
portions of a Vegan Dish f unc
4vb1labI6 from 12:30 PM until 3:30 PM
rqdseNoions, green salad, tuna salad, vegetable -based
st be a II complement of beverages from water to
`ee and tea" that cold drinks are iced properly and
Please be a 'sed that there should be at least 4 Vegan
d. Dinner — For Twenty (20 People / Available from 5:00 IN until 8:30 PM
It is required tha inner be presented in a most appealing Xanner Proper Table dressings,
glassware, fla are, and china are essential. Suggestions ar welcomed as we try to enjoy
regional cui ne and specialties. Regardless of cuisine type, diQner will always include at
least twoy6am courses selections, full salad bar (please include C sar, Blue Cheese, and a
vinaigr a in the dressing selection) vegetables, carbohydrates, an 2 nice desserts. There
rmusPee,, e a full complement of beverages from wafter to assorted so as, iced tea, juices,
and tea. Insure that cold drinks are iced property and that hot b erages are served
ase be advised that there may be Vegetarians and Vegans for dinn
e. Buyout Option \
If catering is not available, a meal buyout may be accepted. This MUST be advanced prior
to designated time of load -in with artists production manager. The meal buyout option must
be provided in cash. The following is the accepted buyout:
Breakfast: $10.00 per person x 14 people
Lunch: $15.00 per person x 14 people
Dinner: $20.00 per person x 20 people
T
E
0
26. DRESSING ROOM CATERING:
The following should be placed in the dressing room at least one (1) hour prior to indicated time
of SOUND CHECK. Nom, PUf�LIG f3EAzth; A'+- -Co+toL-
N OT Pr i-(,0 w
T' iree (9) 1 Jitej Bottles of Stela Vodka-
Three (3) 1 -quart Cartons of Ocean Spray Cranberry Juice
Twelve (12) Cans of Red Bull Energy Drink
Two (2) Gases of Btid Light Beer
ene (1) Case of Gerena ExtFe Beer-
One (1) 12 Pack of Coca -Cola
One (1) 12 Pack of Assorted Sodas (Dr. Pepper / Sprite / Root Beer)
One (1) 6 Pack of Diet Coke
Twenty Four (24) 16 -20 oz Bottles of noncarbonated water (Aquafina, Dasani)
Six (6) Bottles of Gatorade (Orange, Lime)
One (1) 1-qt. Carton of Fresh Squeezed Orange Juice
One (1) Half Gallon 2% Milk
One (1) Deli tray for 8 People (Turkey, Ham, Roast Beef, Assorted Cheeses)
Two (2) Loaves of bread / (1) Whole Wheat and (1) White
One (1) Small Jar of Grape Jelly
One (1) Small Jar of Peanut Butter
One (1) Assorted Vegetable and Fruit Tray for 8 People (with dip)
One (1) Bunch of Ripe Bananas
One (1) Small Container of Ripe Blueberries
One (1) Large Bag of Cheese Puffs or Cheetos
One (1) Assorted Bag of Chocolates
One (1) Box of Ding Dongs
One (1) Box of Mrs. Fields Cookies
Four (4) Assorted Flavored Power Bars
Two (2) Microwave Style Chef Boy Arde Soups or Snacks
One (1) Large Bag of Tortilla Chips
One (1) Large jar of Salsa
Two (2) Single Serving Boxes of Total Raisin Bran Cereal
Two (2) Single Serving Boxes of Honey Nut Cheerios Cereal
Two (2) Single Serving Boxes of Coco Puffs Cereal
Six (6) Bottles of Snapple Ice Tea (Assorted Flavors)
One (1) Pot of "Starbucks" Ground Coffee (French Roast or House Blend) with real cream and
sugar
One (1) Pot of hot water with tea bags with honey & lemons
Two (2) Disposable lighters
Forty (40) Solo Cups - Red or Blue for Cold Drinks
Four (4) Pair of Large Hanes or BVD Boxer Shorts
One (1) Pair of Medium Hanes or BVD Boxer Shorts
Five (5) Pairs of White Crew Socks
NOTE: Please place all necessary condiments, i.e. - Mustard, Mayo, Miracle Whip, Salt and
Pepper. As well as all necessary plates, bowls, napkins, and utensils in dressing room.
PLEASE NO STYROFOAM!
17
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0
27. STAGE CATERING:
Please provide the following to Stage Left 1/2 hour before the ARTIST'S SHOW TIME.
One (1) Case of 16 -20 oz. Water
Forty (40) 16oz. Red or Blue Solo plastic cups
28. AFTERSHOW CATERING:
For the Band & Crew during /after load -out, Purchaser shall provide some type of "food to go"
(Sandwiches, Pizza, Chinese, etc.). Artist's Tour or Production Manager will advance food
selection and times. In Addition to the "food to go", the artist's tour busses shall be provided:
Two (2) Quarts of Orange juice
Two (2) Large Bottles of Ocean Spray cranberry juice
Two (2) Cases of assorted soda -to include Coke, Diet Coke, 7 -Up
Two (2) Large bags of tortilla chips- on.EVEN Numbered Days
Two (2) Bottles of salsa -on EVEN Numbered Days
Two (2) Large Bags of potato chips — on ODD Numbered Days
Two (2) 16 -oz. Cartons of Chip Dip — preferably French Onion - on ODD Numbered Days
Two (2) Cases of Water
All busses to be iced down with cubed ice After Show per Artist Production Manager.
29. AUDIO SYSTEM:
Purchaser to provide at no cost to the artist a professional quality audio and monitor system to
the specifications approved by Sugar Rays' audio engineers.
House Audio System: (j5i✓ S yST�FK peT
The PA system should be able to produce a dean distortion free signal of 120 db "C"
weighted 20Hz to 20KHz at the FOH mix position. The PA should be at least a tri- amplified
system consisting of a mid -high box loaded with 12' or 15' woofers and a 2' driver. The Sub
cabinets should consist of 2x 18" woofers. The Artists engineer shall have complete and
absolute control over the entire audio system.
FOH requirements:
Console:
Outboard gear: Yft`h? A1(Fk PM 5D K14 R
Three (3) 1/3 octave equalization (TC 1128 or KT DN 360 or BSS)
Ten (10) channels compression
6 ch (dbx 160a, klark)
4 ch tube compressors (dbx 160sl, Summit)
Six (6) channel gates (Klark or aphex)
One (1) Eventide H3500 multi effects processor
Four (4) reverb units (at least 2 lexicon PCM 80,90) and 2 SPX 990's
One (1) digital delay unit (TC D -2, TC2290 must be able tq produce a 2250 ms delay)
Playback:
One (1) CD player
One (1) DAT or CD recorder
PC�t iS� U-0UIZ.&5Att4_�7 r�H A-NP KaNITVIZ C0NSoii3
0 0
Monitor requirements:
Console:
One (1) Midas Heritage 3000 p IZ, yAJ\,A A-ttps PM 5D
Outboard Gear:
Six (6) stereo units of IEM with paddle antennas and combiner with 10 receiver beltpacks
(Shure psm 700's) or (Sennheiser ew 300 G2's)
Two (2) Yamaha SPX 990 reverb units
One (1) Lexicon PCM 80 or TC M2000
Eight (8) channels of compression (DBX 903, BSS, Klark)
Eight (8) channels of gates (BSS, Klark, or aphex)
Eight (8) bi -amped floor wedges (single 12" with a 2° driver)
Preferred: Clair Brothers Audio 12AM or Showco SRM
Alternative: EAW SM 400 or EV XM 15
One (1) drum sub— double 15" or a single 18" enclosure
Preferred: Clair Brothers Audio ML 18
One (1) QSC MX700 power amplifier including crossover
One (1) 70' EP4 cable
Four (4) sidefills with subs (wired for stereo and preferably tri- amped)
Preferred: Clair Brothers Audio r-4 / ML 18 or Showco PRISM
Alternative: EAW KF /SB 850
One (1) intercom station (One (1) at FOH position and One (1) at Monitor Position)
System:
One (1) 52 Channel snake and proper snake distribution system
Four (4) Shure UHF Selectable Handheld Wireless Systems wl Beta 58 Capsules
Four (4) mic stands in addition to input list for wireless antenna's
al P.A
In conce here the house P.A. system may not be suffici a
supplemental P.A. may be sts' r make the sole determination
of additional P.A. r y Cos%—assocLated with the additional P.A. will be the
e Purchaser and will in no way revert to t e
House Audio Technicians:
The Audio provider must supply a competent house audio and monitor technician. These
technicians must be familiar with the system and must remain at the venue from load -in
throughout the load -out.
/y
0 0
30. LIGHTING SYSTEM: fM U-'2 & e Y5T"
Purchaser will provide and pay for all lighting and appropriate lighting technicians. A minimal
two (2) truss system With 2 MiAirAUM Of tWSRty (20) FReying lights and requires (2) upstage amd
2) sable piek6 peiats,.
House Lighting Technician:
Purchaser must supply a lighting technician familiar with the current house lighting system.
Must be able to remove and reposition existing house lights. The house lighting Technician
must be available from load -i n throughout the load -out.
Follow Spots:
Purchaser to provide two 9) follow spots. FeF mphitheatw and .,..., eeF stadium shews
Frame Colors
#1 Flesh Pink 33
#2 Yellow 101
#3 Med Lavender 57a
#4 Magenta 128
#5 Med Blue 80
#6 Golden Amber 22
20
Stage:
Wings:
Stairs:
Mix:
Breakfast:
Lunch:
Dinner:
0
48' W x 40' D x 4-5' H
E
ADVANCE SUMMARY
SR —12' W x 24'D x 2' BELOW STAGE HEIGHT / 8' UPSTAGE OF DS EDGE
SL —12' W x 24'D x 2' BELOW STAGE HEIGHT l 8' UPSTAGE OF DS EDGE
Upstage Left & Upstage Right
Sound / 16'Wxl2'Dxl'H
Light / 16'W x12'Dx2' H95 -100' from the stage
30 minutes prior to load -in, up for 2 hours FOR TOURING STAFF
12:30 till 3:30 p.m. FOR TOURING STAFF
5:00 p.m. (or 3 hours prior to show) till 8 p.m. FOR TOURING STAFF
Power. Sound & Stage Left — 200 Amp 120/208 volts 3 Phase
Lighting Stage Right- 400 Amp 120/208 volts 3 Phase 4 wire plus earth ground
(WYE connected) Within 100' of upstage right
CrewCalis: Load -in
1 Steward or Supervisor
4 Loaders
10 Stagehands
1 Electrician
1 Forklift with Operator (if applicable)
Casual Labor
1 Runner
Show Call
2 -6 FOH Spot Operators
4 Deckhands
1 House Light Operator
Load -out Call
1 Steward or Supervisor
4 Loaders
10 Stagehands
1 Electrician
1 Forklift with Operator (if applicable)
Towels: Five (5) Dozen / Four (4) Dozen White— One (1) Dozen Black
fxrod-uction Office:
Unrestricted Phone Lin
One (1) Unres ' me
tae{ L / High Speed In
Zf
i 1 0
Sugar Ray Rental Equipment List
Rip (stage, Right)
Two (a Marshall 1960 B vntage Saalght Cabinetsvd 25 Waft Greenbacks
Two (2)12' Speaks Cabrea
Fear (4) 251nsburwx Cables
Two (a Fender TvA Revere W Reissue can" moftm
Two (2) VHTGwtRr'Heada vd Fobs pedda
Two (2) Trace eM Uiow Ampmen,
Guitar Rig (Stage
WbraNxuera Cables
Byu Z:! Cadea
Guitar Rig (Stage Center)
One(1)Meshed 900ak%X"M:20ZOO nO wl Fool
One (1) Maishal4 x t abinata Bass Rig Two(2)Arrapeg SVTCTwo(a Ampeg B x lO
Drum Kit
5 Fleck Gnash
One (1) 27 x2P IgrX j2HOdud
One (1)19'x 1T'Tom Ono(i)1rx10' an One(1)14' a2' Rim Sydow
Firpa x Coated Top Heads for Taro
Reno C1earAmbeseada Bottom Heads
bna(1)14'xs'Snara w)COded &epee, &tare, Head
Sww (T) Boom f.}mlpd sonde
One, (1) Tare bus CO4a }f Het Stand
One (1) OVl90M Doable Mck Oman pedal
One (1) OnmThma- ROOPSoo Round -TUdng Kea
Theo (3) Tama Sane pun Stands
Spero pole Haadsfar At Heads -One, (1) Fall ReptaoerodSet
Rodneysheppard
Stan Frazier
Mark McGrath
Murphy Korgas
Stan Frazier
L72roba1e
4W" A S"3 (1j 2ff RWe
One 19'Crash
One(1) 'crass
O m(1)19'
One (1)14' Hl
11.3=
Rw (2) Technics St. 12DDTumlables (mina be reamed In can)
One (1) V&ftx Pfo7 Dj Kw
TWO (2) Slaty Bawd Tables (mid not exceed V long)
Stage Risen -�gne T-
Tw tZg(w)xffld)x7(a)SIMWFtdBW*end CarpetedwiltDmkCarpet Mud have T SUP Unft perNseca
2�
•
SUGAR RAY INPUT LIST 2004
Input
Ins.
Mon
48V
Instrument
Micro hone I DI
Sub1
Sub2
Sub3
Sub4
Remarks
1
g
1
x
KICK
SM 91
2
g
2
KICK
Beta 52
small boom
3
3
SNARE top
Beta 57
small boom
4
4
SNARE bottom
Beta 57
small boom
5
5
x
HAT
SM 81
small boom
6
1 g
6
1 x
TIMBALE
Beta 98
7
g
7
x
RACK 1
Beta 98
8
g
8
x
RACK 2
Beta 98
9
g
9
x
RACK 3
Beta 98
10
10
x
RIDE
SM 81
small boom
11
11
x
OVERHEAD SR
KSM 32
large boom
12
12
x
OVERHEAD SL
KSM 32
large boom
13
c
13
x
BASS DI
active DI
14
c
14
BASS POST
XLR
15
c
15
ACCOUSTIC, ROD
XLR
16
16
GTR DIRTY, ROD
Beta 56
own
17
17
GTR CLEAN, ROD
Beta 56
own
18
18
GTR, MARK
Beta 56
own
19
G
19
x
ACCOUSTIC, STAN
active DI
20
20
GTR, STAN
SM 57
own
21
21
REPALY 1, LEFT
XLR
22
22
REPLAY 1, RIGHT
XLR
23
23
REPALY 2, LEFT
XLR
24
24
REPLAY 2, RIGHT
XLR
25
c
25
x
TURNTABLES
active DI
26
26
x
MPC, LEFT
active DI
27
27
x
MPC, RIGHT
active DI
28
t.c
28
ROD VOC
Beta 58
large boom
29
Lc
29
MURPHY VOC
Beta 58
large boom
30
c
30
CRAIG VOC
UHF Beta 58
large boom
31
t.c
31
STAN VOC
Beta 58
large boom
32
t.c
32
MARK VOC
UHF Beta 58
straight
33
33
MARK SPARE
UHF Beta 58
34
34
FOH Return
XLR at FOH
35
x
AUDIENCE SL
AT 4073
small boom
36
x
AUDIENCE SR
AT 4073
small boom
37
x I
CLICK
active DI
38
x
DJ, CUE
XLR
39
39
TALKBACK FOH
e825
40
TALKBACK MON
e825
NOTES: All Mic Stands Must Have Circular Bases
T.C. = Tube Compressor
CONTACTS: Production Manager: Robert Ortiz Mobile: 949- 292 -6053
Front of House Engineer: Nelson Walti Mobile: 818 -261 -3432
Monitor Eni veer. Andy Ebert Mobile: 323 - 363 -1803
R
INSURANCE
ADDEMDUM
E
Without limiting Producer's indemnification of City, and prior to
commencement of work, Producer shall obtain, provide and maintain at its
own expense during the term of this Agreement, a policy or policies of
liability insurance of the type and amounts described below and in a form
satisfactory to City.
A. Certificates of Insurance. Producer shall provide certificates of
insurance with original endorsements to City as evidence of the
insurance coverage required herein. Insurance certificates must be
approved by City's Risk Manager prior to commencement of
performance or issuance of any permit. Current certification of
insurance shall be kept on file with City's at all times during the
term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on
its behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance
Commissioner to transact business of insurance in the State of
California, with an assigned policyholders' Rating of A (or higher)
and Financial Size Category Class VII (or larger) in accordance
with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Producer shall
maintain Workers' Compensation Insurance and Employers
Liability Insurance for his or her employees in accordance
with the laws of the State of California. In addition, Producer
shall require each subcontractor to similarly maintain
Workers' Compensation Insurance and Employer's Liability
Insurance in accordance with the laws of the State of
California for all of the subcontractor's employees. Any
notice of cancellation or non - renewal of all Workers'
Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of
non - payment of premium) prior to such change.
2q
0
The insurer shall agree to waive all rights of subrogation
against City, its officers, agents, employees and volunteers
for losses arising from work performed by Producer for City.
ii. General Liability Coverage. Producer shall maintain
commercial general liability insurance in an amount not less
than one million dollars ($1,000,000) per occurrence for
bodily injury, personal injury, and property damage, including
without limitation, contractual liability. If commercial general
liability insurance or other form with a general aggregate limit
is used, either the general aggregate limit shall apply
separately to the work to be performed under this
Agreement, or the general aggregate limit shall be at least
twice the required occurrence limit.
iii. Automobile Liability Coverage. Producer shall
maintain automobile insurance covering bodily injury and
property damage for all activities of the Producer arising out
of or in connection with work to be performed under this
Agreement, including coverage for any owned, hired, non -
owned or rented vehicles, in an amount not less than one
million dollars ($1,000,000) combined single limit for each
occurrence.
E. Endorsements. Each general liability and automobile liability
insurance policy shall be endorsed with the following specific
language:
L The City, its elected or appointed officers, officials,
employees, agents and volunteers are to be covered as
additional insureds with respect to liability arising out of work
performed by or on behalf of the Producer.
This policy shall be considered primary insurance as
respects to City, its elected or appointed officers, officials,
employees, agents and volunteers as respects to all claims,
losses, or liability arising directly or indirectly from the
Producer's operations or services provided to City. Any
insurance maintained by City, including any self - insured
retention City may have, shall be considered excess
insurance only and not contributory with the insurance
provided hereunder.
-2-
iii. This insurance shall act for each insured and additional
insured as though a separate policy had been written for
each, except with respect to the limits of liability of the
insuring company.
iv. The insurer waives all rights of subrogation against City, its
elected or appointed officers, officials, employees, agents
and volunteers.
V. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to City, its elected or
appointed officers, officials, employees, agents or
volunteers.
vi. The insurance provided by this policy shall not be
suspended, voided, canceled, or reduced in coverage or in
limits, by either party except after thirty (30) calendar days
(10. calendar days written notice of non - payment of premium)
written notice has been received by City.
F. Timely Notice of Claims. Producer shall give City prompt and
timely notice of claim made or suit instituted arising out of or
resulting from Producer's performance under this Agreement.
G. Additional Insurance. Producer shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and
prosecution of the work.
HOLD HARMLESS
To the fullest extent permitted by law, Producer shall indemnify, defend
and hold harmless City, its City Council, boards and commissions,
officers, agents, volunteers, and employees (collectively, the "Indemnified
Parties') from and against any and all claims (including, without limitation,
claims for bodily injury, death or damage to property), demands,
obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without
limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which
may arise from or in any manner relate (directly or indirectly) to any
breach of the terms and conditions of this Agreement, any work performed
or services provided under this Agreement or Producer's presence or
activities conducted under the agreement
-3-
•
(including the negligent and /or willful acts, errors and /or omissions of
Producer, its principals, officers, agents, employees, vendors, suppliers,
Producers, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to
require Producer to indemnify the Indemnified Parties from any Claim
arising from the sole negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any
award of attorney's fees in any action on or to enforce the terms of this
Agreement. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not
act as a limitation upon the amount of indemnification to be provided by
the Producer.
511
27
Jul- I 1 t V 16
� -38'67
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 7
July 11, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Police Department
Bob McDonell, Chief of Police, 949 644 3701, bmcdonetl nb d.or
Tom Gazsi, Lieutenant, 949 644 3660, taazsi a()nbpd.ora
SUBJECT: AWARD CONTRACT FOR THE POLICE FACILITY ELEVATOR
REFURBISHMENT PROJECT
RECOMMENDATION:
Award contract for the Police Facility Elevator Refurbishment Project in
the amount of $45,478 to ThyssenKrupp Elevator.
2. Authorize the City Manager to execute a standard Professional Services
Agreement contract with the vendor as approved by the City Attorney's
Office.
DISCUSSION:
Background:
The Police Department continues to operate an Otis passenger /freight elevator,
which was installed when the facility was built in 1974. As this elevator has
aged, failures have increased, and it has been difficult to find appropriate parts
and qualified technicians to service the elevator. As such, the overall system is
in need of a major refurbishment to insure reliable and safe operation. This
includes updated electronics as well as mechanical and hydraulic systems that
meet current acceptable standards. This project was approved by Council in the
FY06 Capital Improvement Program budget.
The specialized work involved in this project required an evaluation of our
elevator to determine the scope of work needed. Three vendors who could
perform the necessary work were contacted and asked to submit quotations to
perform the identical parts and services.
9
Evaluation of Responses - Quotations:
0
Refurbish Police Elevator System
July 11, 2006
Page 2
The Department received evaluations and quotations from three reputable
contractors who service and conduct repairs of this type of passenger /freight
elevator system. Their analysis and recommendations were similar, in that
based on the age of the equipment and the requirements of current codes,
refurbishment of the system was needed.
The following quotations included complete modernization of the elevator located
at the Newport Beach Police Department, in accordance with the most applicable
edition of the National Safety Code for devices related to Passenger Elevators.
All of the quotes were comprehensive and comparable in terms of analysis and
refurbishment of the current equipment to bring the system into present
standards.
ThyssenKrupp Elevator
1500 S. Sunkist St., Suite B
Anaheim, CA 92806
Quotation Proposal for Elevator Refurbishment: $45,478
Mitsubishi Electric & Electronics USA, Inc.
Elevator & Escalator Division
5666 Plaza Drive
Cypress, CA 90630
Quotation Proposal for Elevator Refurbishment: $46,900
Otis Elevator Company
711 E. Ball Road
Anaheim, CA 92805
Quotation Proposal for Elevator Refurbishment: $57,780
ThyssenKrupp was the lowest quote for the refurbishment request at $45,478.
This company is currently the Department's vendor for service and maintenance
of the existing elevator and is very familiar with the condition of the equipment.
Following the refurbishment project, it would be the Department's intent to
continue with maintenance service from ThyssenKrupp as we have been
satisfied with their service and availability.
• •
Refurbish Police Elevator System
July 11, 2006
Page 3
Based on the ThyssenKrupp's familiarity with our existing elevator, the Police
Department's satisfaction with their prior service and maintenance, and their
quotation being the lowest submitted bid to do the project, we are recommending
they be awarded this project.
Environmental Review: Not Applicable
Funding Availability.
City Council approved funding in the amount of $55,000 in the FY2006 Capital
Improvement Program Budget for this project.
Prepared by:
Tom Gazsi, ieutena Of
Submitted by:
v
Bob McDonell, Chief of Police