HomeMy WebLinkAbout34 - Centennial Contract ApprovalsCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 34
(June 28, 2005)
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Recreation & Senior Services Department
Marie Knight, Director — 644 -3157 — mknightCo )city.newoort- beach.ca.us
SUBJECT: Centennial Contract Approvals:
(1) Contract for The Beach Boys Performance at Centennial Opening
Event
(2) Professional Services Agreement with Fiesta Parade Floats for
design and construction of the City of Newport Beach's 2006 Rose
Parade Float
RECOMMENDATION:
Staff recommends the City Council approve the following Centennial related contracts:
(1) Contract for Beach Boys Performance at Centennial Opening Event;
(2) Professional Services Agreement with Fiesta parade floats for design and
construction of the City of Newport Beach's 2006 Rose Parade Float.
DISCUSSION
As the Centennial Steering Committee moves forward with the plans for the main activities
and events, several contracts and agreements will be coming forward for the City Councils
approval.
(1) Contract for The Beach Boys Performance at Centennial Opening Event
On Sunday, October 2, 2005 the Centennial opening event is scheduled from 11 am to 5pm
at the Newport Dunes. The event entitled Let's Do Launch is a gigantic family picnic on the
beach and will feature games and activities for all ages, with a children's stage, exhibit
booths, food, and entertainment. The Headline act secured for the day is The Beach Boys.
Gerald Ishibashi, with Stonebridge Productions, is a resident of Newport Beach and is
volunteering his time and expertise in the entertainment industry to work with the events
committee assisting with entertainment needs. Gerald also works with the Taste of
Newport 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 are appreciative that he has secured The Beach Boys for this event. Staff
has worked with Gerald on the attached contract and performance rider for the Beach Boys
in order to be sure that we are not making commitments through this contract that are not
standard in the entertainment industry, nor are we committing to obligations we feel we
may not be able to keep.
Centennial Contract Approvals
June 28, 2005
Page 2
The City Attorney's office has also worked with staff on this contract and the changes to it's
language. 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, we have been assured that
this is generally how entertainment contracts are handled. The attached contract and
performance rider are standard for The Beach Boys and as the venue operator /purchaser,
we are asked to make any necessary changes and submit the contract back to the Talent
Agent for their approval. The majority of the changes we have proposed have been
approved in advance by the Talent Agent, with the rest made due to their inapplicability to
the venue.
The performance fee for The Beach Boys is $50,000. Normally, their fee is $75,000 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 September 2, 2005 and
the second prior to the performance. This fee does not include the productions costs
associated with this performance and the various other entertainment at the event. It is
estimated those fees will be approximately $15,000 - $20,000. These entertainment
expenses are included in the overall Centennial Budget.
2) Professional Services Agreement with Fiesta Parade Floats
As part of the planned Centennial Activities the Centennial Steering Committee has
approved the application to the Tournament of Roses (ToR) for the City of Newport Beach
to be represented with a float in the 2006 Parade.
A sub - committee comprised of community volunteers and City staff, and after visiting
several professional float designers and builders with past association with the ToR, has
selected Fiesta Parade Floats as the Float designer and Builder. Fiesta Parade Floats is
the leading award winning float - builder in the Tournament of Roses Parade with an
impressive 67% prize winning rate averaged over the past fifteen years, the highest award
winning rate in the Rose Parade industry. Fiesta has built TWELVE consecutive
Sweepstakes Trophy winners in the Rose Parade including FTD / Florists' Transworld
Delivery float entries in 2004, 1996 and 1994, Rain Bird Sprinkler entries in 2005, 2003,
2002, 2001, 1999 and 1998, Target Stores in 2000, California State PTA in 1997, and the
1995 Countrywide Home Loans float.
Fiesta Parade Floats reputation with the ToR as a dependable float builder is highly
respected. Fiesta Parade Floats is considered the leader in both floral technology and floral
application throughout the float and floral industries. Fiesta surpasses all other builders in
the field of computerized and hydraulic animation.
The committee has been working with Fiesta on concepts and designs for the Float and the
Centennial Steering Committee selected a final design at their June meeting. On June 21,
the color rendering of the final float design was unveiled to the public at press event.
Centennial Contract Approvals
June 28, 2005
Page 3
Attached is the Professional Services Agreement for the Design and Construction of our
entry into the 2006 ToR Parade. The PSA includes the scope of work for the design, and
construction of the float as well as the volunteer oversight and operation of the float in the
parade. The final cost of the float shall not exceed $220,000. Staff anticipates an additional
$25,000 may be needed to cover the costs associated with the volunteer support needed
for the float as well as the ancillary activities and events associated with our participation.
The PSA call for a first deposit of $55,000 due upon execution of the agreement, with the
remainder paid in three additional installments. As has been the Steering Committees
intent all along, we will continue to seek private dollars for the funding of the float and on
June 21't received our first $25,000 donation.
Prepared & Submitted by
Mari t Knight, R reaton & Senior Services Directol�.—
Attachments: 1
2
3
4
5
6
The Beach Boys Contract
Addendum to The Beach Boys Contract
Rider 2005
PSA with Fiesta Parade Floats
Fiesta Parade Floats Bio
Sailing Through A Century Rose Parade Float Picture
Attcx c, h m e- r) t _1
Farrell. Rick - 29794 - v1.1
AMERICAN FEDERATION OF MUSICIANS OF THE UNITED STATES AND CANADA
(HEREIN CALLED THE FEDERATION)
r* nr
1CM®
}P O
eX INTERNATIONAL CREATIVE MANAGEMENT, INC.
' o.rcrr
TALENT AND LITERARY AGENCY
40 W 57th St
New York NY 10019
(212) 556.5600
8942 Wilshire Blvd.
Beverly Hills. CA 90211
(310) 550 -4000
Whenever The Tenn "THE LOCAL UNION' Is Used In This Contract, It Shall Mean The Local Union Of The Federation With
Jurisdiction Over The Territory In Which The Engagement Covered By This Contract Is To Be Performed.
THIS CONTRACT for the personal services of musicians on the engagement described below is made this
07th day of June 2005 between the undersigned purchaser of music (herein called 'Purchaser') and the
undersigned musicians or musician.
1. Artist: Beach Boys (The)
Date Time
Sun 02- Oct-2005 03:30 PM
Shows per Night: 1
2. Full Price Agreed Upon:
Compensation Term:
$50,000.00 Flat Guarantee.
Scheduled Payment
Guarantee
3. Deposits Schedule
Location
Newport Dunes Resort & Marina/ 1131 Back Bay Drive, Newport Beach. CA 92660
Telephone: (949) 729-2249
btat.- ADrnt,.i4t<,hRtjL1,40 J
Scheduled Payment Amount Payment Due Date
$50.000.00 Upon Arrival of Client to Venue 02 -Oct -2005
Deposit Schedule
All payments shall be paid by wire transfer. certified check, university check. money order. bank draft. or cash as follows:
i. $25.000.00 Shall be paid by City of Newport Beach to and in the name of International Creative Management, Inc. (EIN: 13-
3187509) located at 8942 Wiltshire Blvd.. Beverly Hills. CA 90211:
Paid by: Specific Date 02- Sep -2005 In the form of: Non - Guarantee Check
$25.000.00 BALANCE DUE PRIOR TO PERFORMANCE ON NIGHT OF ABOVE ENGAGEMENT OR ACT WILL NOT
PERFORM.
PURCHASER shall first apply any and all receipts derived from the entertainment presentation to the payments required
hereunder: All payments shall be made in full without any deductions whatsoever. Overages, If any. shall be paid to the Artist at
settlement on evening of performance.
4. Scale of Admissions:
Performance: Sunday, 02- Oct - 2005 -N/A
Page t of 4
TOTALS for 1 Performance:
Total Gross Potential: $0.00
Total Net Potential: $0.00
S. Performance Details:
Ferrell. nick - 29794 • v1.1
Performance: Sunday, 0 - Oct -2005
BILLING: 100% Top Headline Billing and Will Close Show
Adv. Production Tach.: Gerald Ishibashl 7141639-1007 Show Begins: 03:30 PM
Total Capacity:
6. Additional Clauses/ Conditions:
CLAUSES - ACT TO BE PAID PRIOR TO SHOW ON NIGHT OF ENGAGEMENT OR ACT WILL NOT PERFORM. SHOW
IS RAIN OR SHINE. BUYER HEREBY AUTHORIZES ICM TO RELEASE TO ACT PRIOR TO PERFORMANCE ANY
MONIES DEPOSITED BY BUYER INTO ICM'S TRUST ACCOUNT AS A GUARANTEED ADVANCE. TO ADVANCE
SHOW, CALL RICK HUBER ® 407/292.0499; FAX 407/292.1193. FOR ADVERTISING MATERIALS CALL BILL YOUNG
® BILL YOUNG PRODS: 281/240.7400. PURCHASER TO PROVIDE & PAY FOR FIRST CLASS SOUND, 11611%
BACKLINE, GROUND TRANSPORTATION & CATERING. CASHIER'S CHECK TO BE MADE PAYABLE TO MELECO,
LLC. SIGNED CONTRACTS & RIDERS MUST BE RETURNED TO ICM 30 DAYS PRIOR TO ENGAGEMENT.
Additional Terns - Purchaser to Provide and pay for First Class sound &flights, backfire equipment and local ground
transportation. Ticket prices are TBD. Purchaser requests Artist's participation at a meet and greet on -site for no more
than 20 people, for approximately 20 minutes, time TBD. P`
�iStiG• 01 � �t Ate" 15VnSN
7. AF of M Considerations
Number of Musicians:
8
Names of
Local Union Union # SSN
Corp Tax I.D.
All Musicians
Bruce Johnston
AF of M - Local 47
880395506
Chris Farmer
AF of M - Local 47
880395506
John Cowsill
AF of M - Local 47
880395506
Michael Kowalski
AF of M • Local 47
880395506
Michael Love
AF of M - Local 47
880395506
Randall Kirsch
AF of M • Local 47
880395506
Scott Toren
AF of M - Local 47
880395506
Tim Bonhomme
AF of M - Local 47
880395506
In witness whereof, the parties hereto have hereunto set their names and seals on the day and year first above written.
Meleco, LLC f.s.o. Beach Boys (The)
BY
Beach Boys (The)
c/o ICM
8942 Wilshire Blvd.
Beverly Hills, CA 90211
Tel: (310) 550 -4000
City of Newport Beach
BY
6FeVSR SFeffllilffif
Mayor
3300 Newport Blvd.
PO Box 1768
Newport Beach, CA 92658
F3tonebridge Productions
`. Gerald Ishibashi
P.O. Box 2362
Orange, CA 92669
i Tel: 714 639 1007
L
All copies of this contract and attached riders are to be signed and returned AT ONCE to INTERNATIONAL
CREATIVE MANAGEMENT, INC. as Agent for the Musicians. THE ABOVE SIGNATURES CONFIRM THAT
THE PARTIES HAVE READ AND APPROVED EACH AND ALL OF THE'ADDITIONAL TERMS AND
CONDITIONS' SET FORTH ATTACHED HERETO AND MADE PART HEREOF, AND OF ANY RIDER,
EXPENSE SHEET OR ADDENDUM WHICH MAY BE ANNEXED HERETO.
PLEASE SIGN EACH COPY OF THE CONTRACT INDIVIDUALLY
0 INTERNATIONAL CREATIVE MANAGEMENT, Inc. 2004 - 2005
Page 2 of 4
Farrell, Rick- 29794 - 01
ADDITIONAL TERMS AND CONDITIONS
8. No performance shall be recorded, reproduced or transmitted from the place of performance, in any manner or by any means
whatsoever, in the absence of a specific written agreement with the Federation relating to and permitting such recording, reproduction
or transmission.
9. It is expressly understood by the Purchaser and the Musician(s) who are party to the contract that neither the Federation nor the
Local Union are parties to this contract in any capacity except as expressly provided in 6 above and, therefore, that neither the
Federation nor the Local Union shall be liable for the performance or any breach of the provision hereof.
10. A representative of the Local Union, or the Federation, shall have access to the place of engagement covered by this contract for
purposes of communicating with the Musiclan(s) performing the engagement and the Purchaser.
11. If Purchaser shall fail to perform any of Purchaser's obligation hereunder, or if Purchaser shall, for any reason, elect to cancel the
above- mentioned engagement, Musician or musician's agent may, at its option, elect to cancel this agreement upon notice to
Purchaser at any time after such default, if cancellation is so elected, Musician, at its option, may elect to exercise all remedies then
available at law, or retain and/or be paid as liquidated damages those monies required to be paid as deposit pursuant to paragraph 4 of
this agreement. The parties to this agreement understand and agree that the foregoing liquidated damages provision is not a penalty
and constitutes a fair and reasonable measure of the damages to be suffered by
Musician, which would otherwise be difficult if not impossible to ascertain.
12. Musician shall have sole and exclusive control over the production, presentation, and performance of the engagement hereunder,
including but not limited to, the details, means and method of the performances of the performing musicians nereunder, and Musician
shall have the sole right, as Musician may see fit, to designate and change at any time the performing personnel. Musician's obligations
hereunder are subject to detention or prevention by sickness, inability to perform, accident, means of transportation, an official or de
facto state or war, Act of God, riots, strikes, labor difficulties, epidemics, any act or order of public authority or any other cause, similar
or dissimilar, beyond Musician's control. )2-C 01t M% 126/ Q( r W t v-%t -tvh k *bt-t 'To 1pEPVM6
13. The person executing this agreement on Purchaser's behalf warrants his authority to do so, and such a person hereby personally
assumes liability for the payment of said price in full.
14. Purchaser-Agrees that the entertainment presentation will not be included In a subscription or other type of series withoutttt a-written
consent of Musician. ree admission, if any (except to local press), shall be subject to Musician's prior w pproo�Ile event
that payment to Musician shall be base Ar'n part on receipts of the pert noe( reunder: (a) the scale of the ticket
prices must be submitted to and approved by Musician in w ' be ets are ordered or placed on sale; (b) Purchaser agrees to
deliver to Musician a certified stateT9 Lgross-re elpts, of each such pe ormance -w n two hours following such performance; and
(c) Musician shall have-the-rl o have a representative present in the box office at all times an such -representative shall have the
right amine and make extracts from box office records of Purchaser relating to gross receipts of this engage wil,.
1 S. If before the date of any scheduled performance it is found the Purchaser has not performed fully its obligations under any other
agreement with any party for another engagement or that the financial credit of the Purchaser has been impaired, Musician may cancel
this agreement. In the event that Purchaser does not perform fully all of it's obligations herein, Musician shall have the option to perform
or refuse to perform hereunder and in either event Purchaser shall be liable to Musician for damages in addition to the compensation
provided herein.
16. Musician shall have the sole and exclusive right, but not the obligation, to sell souvenir programs and other souvenir items including
phonograph records in connection with, and at, the performance(s) hereunder and the receipts therefrom shall belong exclusively to
Musician.
L V Q1AYTinq'L (CtE9ufdsi5 Dl Yo 901.E i . 5 rrU.r+Q9 t?RAV 1S11G0
17. This constitutes the sole, complete and binding agreement between the parties hereto. INTERNATIONAL CREATIVE
MANAGEMENT, INC. acts only as agent for Musician and assumes no liability hereunder.
18. Resolutions of controversies or claims: Any controversy or claim arising out of or relating to this contract, or breach thereof, shall be
submitted to arbitration under one of the following procedures to be selected by the Purchaser at the time that this contract is signed, by
placing his or her initials in the box adjacent to the procedure selected. In the event that neither box Is initialed, ii will be presumed that
the Purchaser has chosen the procedures set forth in 'B':
A. (American Arbitration Association) Any controversy or claim arising out of or relating to this contract, or breach thereof,
shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration
Association, and judgment on the award may be entered in any court having jurisdiction thereof. The cast of the
arbitration proceeding, except those costs personally incurred by the parties hereto for the presentation of their own case,
shall be shared equally by the Purchaser and the Signatory Musician(s).
B. (Local Union) Any controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by
arbitration by the Executive Board or any other body of the Local Union charged with the responsibility of settling such
controversy or claim. All rulings and awards made by the Local Union in arbitration hereunder may be appealed to the
International Executive Board of the Federation (herein called IEB) by any party who was a participant therein. Appeals
from such proceedings shall be perfected in the manner provided by the Rules of Practice and Procedure of the IEB in
Page 3 of 4
Farcell. Rick - 29796 - v1.1
effect at the time of such appeal. All rulings and awards made by the Local Union in arbitration which are not appealed to
the IEB shall be final and binding upon the Purchaser and participating Musician(s) and all rulings and awards made by
the IEB on appeal shall be final and binding upon the Purchaser and participating Musician(s). Any party to an arbitration
proceeding before the Local Union or to an arbitration appeal to the IEB may bring an action to confirm or enforce a final
deterrnination and award of the Local Union or, it appealed, of the IEB in the courts of jurisdiction in which the office of
the Local Union is located; and the Purchaser and participating Musician(s) agree to submit to the jurisdiction of such
court or courts for that purpose.
19. If payments hereunder are to be made in the name of a payee other than INTERNATIONAL CREATIVE MANAGEMENT, INC.,
Purchaser will prepare all applicable Federal and State tax information returns Including Federal form 1099 -MISC, Federal form W -2,
or Federal form 1042s.
Page 4 of 4
Ati aov)Mtnt, 9-
Addendum to contract and accompanying rider between City of Newport
Beach and International Creative Management, Inc., for Beach Boys'
October 2. 2005 performance at Newport Beach, California.
Artist must be present, willing and able to perform. In the event Musician
is unable to perform because of acts or circumstances within Musician's
control, Purchasers obligations under this contract shall be cancelled, and
any monies paid to Musician or Musician's representative shall be
returned to Purchaser.
2. Purchaser and Musician agree that Purchaser retains the right to sell its
own official licensed Newport Beach Centennial merchandise at the
venue.
3. Musician warrants that it holds all necessary licenses to give public
performances of all works it performs at the Engagement. In the event
that any proceedings are brought against Purchaser for violation of the
intellectual property rights of any third party as a result of the public
performance of any works performed at the Engagement, Musician shall
indemnify and hold Purchaser harmless.
4. Show length shall be approximately ninety (90) minutes.
5. Michael Love and Bruce Johnston shall be required to participate in the
performance. In the event that either Michael Love or Bruce Johnston do
not participate in the performance, Purchaser's obligations under the
contract shall be cancelled, and any monies paid to Musician or
Musician's representatives shall be returned to Purchaser.
Meleco, LLc f.s.o. Beach Boys (The) City of Newport Beach
BY BY
Beach Boys (The)
Go ICM
8942 Wilshire Blvd.
Beverly Hills, CA 90211
F:\users\shared\cat\cathywolcott\BBaddendum.doc
Mayor
3300 Newport Blvd.
PO Box 1768
Newport Beach, CA 92658
Stonebridge Productions
Gerald Ishibashi
PO Box 2362
Orange, CA 92669
Tel: 714 639 1007
-2-1-7 (I `f /rte
IA-41a ch mV-1-t 3
2005
RIDER
Revised 02/09/05
THE BEACH BOYS RIDER - INDEX
PART
I
PAGE
1.
PERMITS, APPLICABLE LAW, INSURANCE
1 -2
2.
BILLING, ADVERTISING, PUBLICITY, PROMOTION,
2 -5
SUPPORT PERFORMERS, ANCILLARY RIGHTS
3.
TICKETS
6 -7
4.
CANCELLATION
7
5.
SETTLEMENT
8
6.
MERCHANDISING
9
7.
SPONSORS AND COSPONSORS
10
8.
PAYMENT
10
PART II
9.
PRODUCTION ADVANCE
12
10.
SOUND REQUIREMENTS
13
11.
LIGHTING REQUIREMENTS
14 -15
12.
BACKLINE REQUIREMENTS
15 -16
13.
STAGE PROPS
16
14.
CURTAIN/BACKDROP
17
15.
STAGE SPECIFICATIONS
17
16.
RISERS
17
17.
SOUND WINGS /SIDE PLATFORMS
18
18.
LOADING DOCK
18
19.
STAIRS
18
20.
BARRICADE
18
11
INDEX, (CONT'D)
PART
II
PAGE
21.
HOUSE MIXING RISER/SPOT TOWER
18
22.
CREW CALLS /MANPOWER
18 -19
23.
POWER/GENERATORS
20
24.
SPOTLIGHTS
P1
25.
HOUSE LIGHTS
P1
26.
WORK LIGHTS
P1
27.
SCOREBOARD
P1
28.
STORAGE SPACE
P1
29.
TRAFFIC
P2
30.
PERMITS /BONDS
22
31.
PARKING
22
32.
TRANSPORTATION
PP_23
33.
SECURITY
23
34.
SAFETY
24
35.
PASSES
24
36.
GUESTS
25
37.
PHOTOGRAPHY /RECORDING
P5
38.
PRODUCTION OFFICE
P5
39.
RUNNER
26
III
INDEX, (CONT'D)
PART
II
PAGE
40.
TOWELS
26
41.
BACKSTAGE ACCOMMODATIONS
26
42.
CATERING
28 -34
43.
NONADHERANCE
35
44.
MUTUAL WRITTEN CHANGES
35
45.
ADDITIONAL TERMS
35
46.
RESPONSIBILITY
35
47.
LOCAL ADS
35
ry
RIDER TO AGREEMENT DATED JUNE 2005 BETWEEN M.E.L.E.CO. LLC (HEREINAFTER
REFERRED TO AS "M.E.L.E.CO. "), F /S /O THE BEACH BOYS (HEREINAFTER REFERRED TO AS
"ARTIST ") AND CITY OF NEPORT BEACH (HEREINAFTER REFERRED TO AS "PURCHASER").
The following provisions shall be deemed incorporated in and part of the Agreement for the
engagement of THE BEACH BOYS at NEWPORT DUNES RESORT on OCTOBER 2, 2005.
In the event of any inconsistency between the provisions of the Rider and the provisions of the
Agreement to which this is a rider, the provisions of the Rider shall control.
1. PERMITS, APPLICABLE LAW, INSURANCE
A. Permits, Licenses, Certificates
PURCHASER, at the PURCHASER's cost, shall obtain all licenses, permits,
certificates, authorizations, or other approvals required to be obtained from any Union,
Guild, public authority, performing rights society or other entity properly having
jurisdiction over or with respect to the engagement. PURCHASER shall comply with
and completely and satisfactorily fulfill all terms, conditions and covenants set forth
therein. If PURCHASER shall for any reason fail to obtain the same not later than
thirty (30) days prior to the engagement or default with respect to any such term,
condition or covenant, M.E.L.E.CO. may terminate this Agreement and all of the
PURCHASER's rights hereunder without liability of any kind to M.E.L.E.CO.. Any and
all liability rising out of or in connection with the failure of the PURCHASER to perform
it's obligations hereunder shall be solely the responsibility of PURCHASER and
PURCHASER shall hold M.E.L.E.CO. and any party claiming an interest through
M.E.L.E.CO. wholly harmless therefrom.
B. Construction, Applicable Law
(1) This Agreement constitutes the parties' entire understanding and shall not be
abrogated or modified, except in writing, signed by the party sought to be
charged.
(2) This agreement shall be construed in accordance with the laws of the State of
California applicable to agreements entered into and wholly to be performed
therein.
(3) If PURCHASER shall in any manner attempt to vary any term set forth herein,
the same shall be deemed to constitute a counter offer not binding upon
M.E.L.E.CO..
Purchaser's Initials Here
(4) This Agreement shall not be binding upon M.E.L.E.CO. until executed by an
officer of M.E.L.E.CO..
(5) The section and subsection headings are for convenience only and are of no
legal import.
C. Insurance
The-PURCHASER agrees to provide public liability insurance coverage to prot
against ' 'es to person or property as a consequence of the installat' nd /or
operation of the egtp�ment provided by M.E.L.E.CO. and ven n addition, It Is
agreed that the PURCHAS R shall maintain in effect cy of Worker's
Compensation Employment Ins ra ce coverin .al o it's employees who are involved in
the installation, operation and/or main ce of the equipment provided by
M.E.L.E.CO. or it's VENDORS mst fire, th ft, of or any other type of act which
could cause harm or d e to equipment. The PU ASSER shall provide
M.E.L.E.CO. w' certificate of insurance showing coverage f e above at least two
(2) wee nor to the date of the show. However, if this certificate is of eceived prior
So-the show, the PURCHASER is still solely responsible for complete covers
2. BILLING, ADVERTISING, PUBLICITY. PROMOTION SUPPORT PERFORMERS.
ANCILLARY RIGHTS.
A. Billing
ARTIST shall receive sole headline billing in 100% size type in all advertising, lights,
displays, programs, marquees, and any and all other advertising and publicity media.
B. Advertising
(1) With the exception of Oldies- formatted Radio Stations, no form of Media
advertising, be it Radio, Television, or Newspaper, or any form of printed
advertising or promotional material, including but not limited to: programs,
posters, flyers, stickers, decals, key chains, balloons, inflatables, pens, pins,
flying discs, hot or cold drink "coolies', glasses, cups, T- shirts, sweatshirts,
jackets, caps, visors, sunglasses, signs, tickets, billboards or marquees shall
contain the word "OLDIES' in conjunction with ARTIST's name or logo.
(2) PURCHASER shall only use mats provided by M.E.L.E.CO. for all print ads
(leaflets, newspapers, posters, etc.). No other graphics shall be used by
PURCHASER except those provided by M.E.L.E.CO..
Purchaser's Initials Here
(3) No advertising or promotion of the engagement shall be undertaken by
PURCHASER until M.E.L.E.CO.s approval thereof shall have been obtained.
PURCHASER will promptly give to M.E.L.E.CO. sworn affidavits of radio and
television broadcasters, giving the times and costs of all radio and television
advertisements placed by PURCHASER. Without limitation of the foregoing,
PURCHASER shall not schedule any interview, appearance or other promotional
or publicity activity purporting to involve ARTIST, or any employee, agent or
independent contractor of M.E.L.E.CO. without consulting M.E.L.E.CO.
(4) No-re o�rt of box office to any industry- related newspaper or magazine w' e
released unles =sell-outit omplete sell -out.
(5) Upon complete a re�orted�t at ndu stry related newspapers
and magazines, i.e. Billboard, Perfogmarr b, P- QIstar.
(6)
(7)
Upon advance sel :out of any concert, PURCHASER will conti
allocategAoll rs for promotion of concert, with "Sold -Out" being
All questions regarding advertising should be directed to the following people:
The Press Office
PO Box 159006
Nashville, TN 37215
wvvw.thepssoffice.com
ph. 615.269.3670
Radio and T.V. Spots
(A) Radio Spots
Jay Jones
aviones.6ones@mindsprinq.com
Jim Della Croce
thepathfinder@mindsprina.com
The PURCHASER may produce his own radio spots. All radio spots must
be approved by M.E.L.E.CO. two (2) weeks before the spot airs.
(B) T.V. Spots
For information regarding existing video footage for T.V. Spots, contact:
Elliot Lott/ M.E.L.E.CO.
Any video footage sent to PURCHASER must be returned five (5) days
prior to show date or will be charged to the PURCHASER as a show
expense at a cost of $50.
Purchaser's Initials
(C) Publicity
(1) All questions regarding press, publicity and publicity material for
key outlets in the concert area should be directed to:
The Press Office www.thepssoffice.com
(2) PURCHASER may receive an initial press kit from ICM, with this
contract/document, as background material.
(3) All radio, print, and TV interview requests should be referred to:
The Press Office www.thepssoffice.com
(4) Press materials may be available on a limited, per -need basis, and
may include:
• Biography
• Discography
• Clippings
• Black and White 8 x 10 glossy photo
• Color transparency
• Video footage
C. Promotions and Media.
All presenting stations and promotions must be approved by M.E.L.E.CO.'s Radio
consultants. For more information call:
The Press Office www.thepssoffice.com
D. Support-Performers
PURCHASER shall note ploy o -permit,th"resence of any ma§ter pf cE
announcer, support or opening a acLperformer-fo� these ag@mment without
M.E.L.E-.CO"s-prioTrairit en cf onsent, which may be withheld for any reasor
E. Ancillary Rights
(1) Nothing contained herein is intended to grant to PURCHASER any rights of any kind in
or with respect to the name , likeness, performance, or biographical material of
ARTIST, or any employee, agent or independent contractor of M.E.L.E.CO.; and any
use thereof by PURCHASER is expressly prohibited
Purchaser's Initials
(2) M.E.L.E.CO. and M.E.L.E.CO. designee(s) or licensee(s) shall have the
exclusive right to advertise, promote, disseminate and sell in and about the place
of engagement and elsewhere, souvenir programs, books, pictures, articles of
clothing, jewelry, recordings or other articles of merchandise and to collect and
retain for its or their account(s) all proceeds thereof or at M.E.L.E.CO. option, to
refrain therefrom.
(3) 'N od or beverage concession shall be visible from the stage, fi�r mm--the
immedi ea surrounding the stage, or from the a roxim a center of the
floor area. No c ncessions may be loca ed-wt a inside seating area of the
place of engagement. A14eyprra sat concessions must be served in paper or
plastic cups o yrN ood�f , drinkl- or��her items shall be sold by vendors walking
_!brough-the audience during the performance,
(4) PURCHASER understands and agrees to compensate ARTIST $500,000.00,
audio or visual copies of our show are made without prior WRITTEN CONS NT OF
ARTIST. If written authorization is given, PURCHASER agrees to provid� pies to
ARTIS\T..Copies may be given to the production manager at the pertq ance or
sent directly,to management office. No portion of the engagement,p6luding without
limitation, the *formance of ARTIST, or activity of ARTIST, maybe recorded on
film, video tape o&i otherwise, or may reproduced photographically or by any sight
and /or sound device o {otherwise by PURCHASER and PURCHASER will not
permit the same or authorize others to do so. M.E.L.E.CC . expressly reserves all
such rights for itself and its,licensee(s) and designee(6nd, upon request,
PURCHASER shall cooperate and render any assis ance required by M.E.L.E.CO.
for such purpose, including without limitation, aJc/rding the designees or licensees of
M.E.L.E.CO. access to the engagement and the right of free and uninhibited
movement in and about the place of the engagement. No person, unless
specifically authorized by M.E.L.E.CO:,s'fiall be permitted access to the
engagement with any sound, film, or video device or mechanism. To insure
compliance with this condition, PURCHASER MUST print in large lettering on
notices to be permanently displayed at the entrances to the places of all
engagements, a statement eserving to the PURCHASER the right to refuse
admission to the hall to an one carrying or having withi his or her control any sight
or sound device whic�ould enable the filming or recording of any portion of the
engagement, inclu�ing, but not limited to, representatives anii�ameramen from
television and radio networks, whether recording or filming for ne s programs or
7
otherwise. /
(5) PURCHAS A understands and agrees to compensate artist $500,060 00 if audio or
visual c ies of our show are made without prior WRITTEN CONSENT ARTIST.
If wri n authorization is given, PURCHASER agrees to provide audio or v d�al
copies to ARTIST. These copies may be provided to the production manager'at
,performance or directly to management office.
?kXZ,(rowm4, wi\.A. eA, INt7f(L\J tA7 ul) Kc,14vcdC_ e?PZf4;�f
Purchaser's Initials Here
3. TICKETS
A. PURCHASER to provide management with contact name and telephone number to be
called for ticket counts as needed.
'Ther shall be no "free ", complimentary ( "comps "), or discount tickets exc pt -for a
maximum fiw -five (25) "comp" tickets that m "distrib o accredited
members of the press. Als a numb " rW tickets should be held for and given
to the M.E.L.E.S represe a i e the show, if so requested (see below). All
"�m�o iscount tickets must be a "har icket "Passes" will not be honored.
"Comp" tickets held for M.E.L.E.CO. representatives are as follows:
(1) Fifty (50) "Comp" tickets PER SHOW for arenas with a capacity of 6,000 or less.
(2) One- hundred (100) "Comp" tickets PER SHOW for arenas with a capacity of
between 6,000 and 12,999.
(3) One - hundred fifty (150) "Comp" tickets PER SHOW for arenas with a capacity of
13,000 or more.
B. No discrimination for reason of race, religion, sex, age or country of national origin shall
be permitted or authorized by PURCHASER in connection with the sale of tickets or
admission to, seating or accommodations at the engagement.
C. -PURCHASER shall place all tickets on sale at the same time and on the same- day-at
all outlets ap- p edin advanced M.E.L.E.CO. an"urcha eit tickets and
bad checks are the sole isk- and -liility�6f Purchaser. No loss or expense arising from
_same shall-be charged to ARTIST or M.E.L.E.CO. direct y— onndirectly.
D. No failure by such concert hall or arena proprietor(s) to comply with the foregoing
provisions shall relieve PURCHASER of PURCHASER's obligations to M.E.L.E.CO. set
forth in this agreement.
E. Withdrawal and allocation of complimentary tickets and press tickets shall be only upon
the terms and conditions set forth in this Rider.
F. -All- tickets -tote withheld from public sale shall be controlled and handle exclusively -by
M.E.L.E.CO.. Prior to the comm meat- of= thetou ues ions and requests regarding
sash- tickets shall a irected to ARTIST's agent and tour consultants, as follows:
Terry Rhodes / ICM
40 West 571' Street
New York, NY 10019
TEL: (212) 556 -5600
FAX: (212) 556 -6847
Purchaser's Initials Here
Mike Labonte
TEL: (858) 576 -1941
FAX: (858) 576 -0263
Cell: (775) 846 -3635
4..
G. Ticket refunds of any kind, for any reason shall be at the PURCHASER's expense,
unless otherwise agreed upon in writing by M.E.L.E.CO.
H. Obstructed View SeatingMthheld Tickets:
In some cases, seats will be pulled prior to date to ensure full sight lines for all full -
priced seats. At the time set -up is completed, some of these tickets may be released at
full price or obstructed -view price. This is to be determined by ARTIST's Production
Manager on the day of the show.
1. No press passes shall be issued, and representation of the press, radio and television
(especially photographers) shall only be admitted to the place of engagement if they
have proper tickets. All such tickets, unless purchased through normal box office
channels, shall be controlled by M.E.L.E.CO.'s representative.
J. The first twenty (20) rows of seats MUST BE SOLD TO THE PUBLIC, with the
exception of sponsorship requirements.
K. If the performance is to be held outdoors, and in the event of inclement weather,
PURCHASER agrees provisions are to be made for the proper grounding of electrical
equipment and instruments so as not to constitute a danger or hazard to the Group's
members. If PURCHASER shall, because of inclement weather, determine not to
present the show or concert (or if there are two (2) performances, not to present either
or both performances), ARTIST shall, nevertheless be paid the full contract price
provided for in this contract. It is specifically understood and agreed that
PURCHASER's obligations hereunder to pay ARTIST shall not be modified, effected,
curtailed or diminished because of rain or other adverse weather conditions. Ticket
refunds due to weather will be the responsibility of the PURCHASER. All stages shall
have a roof and tarps covering materials for protection against inclement weather (full
width of stage and slope to rear). Also house and monitor mix positions as well as
guitar tuning stations must be covered and protected against inclement weather (see
Production Rider).
ARTIST may cancel and terminate
notice
Purchaser's Initials
5. SETTLEMENT
hereunder,
A. kpompleted, accurate and detailed written final statement of account with respect
all ' kets, together with payment in cash of any percentages shall be submitted
M.E.L. .CO.'s representative not later than one and one -half (1 1/2) hours aft r show
begins. a balance of any guarantee is to be paid in the form of a cashie ' check to
M.E.L.E.0 's representative by 12:00 Noon on the day of performance
B. On percentage da s, no deduction of expenses shall be made
PURCHASER shall ify and present to M.E.L.E.CO. a bonaf
statement from the com and
organization, etc. provi5ii
question, and said bill or s ement is approved by a reps
M.E.L.E.CO. has the right to dit books and box office ss
(90) days of engagement. Noti tion will be in the foffi
C. M.E.L.E.CO. shall have the un restrided right to
employees to enter the box office at anyXne,,t ,
examine and extract PURCHASER's box o ce
PURCHASER with it's obligation set for in th's
on hand at the engagement, for acco nting veri
representative, all unsold tickets. ME.L.E.CO.
which there is not an unsold
on the settlement date.
7 'the gross unless
!signed bill or
the service in
,e of M.E.L.E.CO..
MSER within ninety
of a certified letter.
04signate one (1) or more of its
uring or after the engagement; to
records in order to verify compliance by
Agreement. PURCHASER shall have
fi tion by a M.E.L.E.CO.
sha a compensated for all seats for
on hand minus the Stipulated complimentary tickets
D. If the gross potential is I s's than as set forth on the face of this�Agreement and the date
is a sell -out, ARTIST Oercentage compensation is to be comput on the gross
potential set forth on the face of this Agreement.
E. If the gross pote� I is more than as set forth on the face of this Agreeme L all monies
over the stated net gross potential are to be paid in full to ARTIST.
F. A cppy of the original ticket manifest is required to be sent no later than two (2)
p or to the performance to:
Terry Rhodes/ ICM Elliott Lott/ M.E.L.E.CO.
40 West 57th Street 4475 Philbrook Square
New York, NY 10019 San Diego, CA 92130
TEL: (212) 556 -5600 TEL: (858- 793 -4141)
FAX: (212) 556 -6847 FAX: (858- 793 -4145)
G. The-original- ticket - manifest- must-be- presented- to-an- autherized-M:E:L:EGO.
-rep resentative- eight- (8yhours- prior-toshowtime.
Purchaser's Initials
6.
A. PURCHASER agrees that M.E.L.E.CO. will sell goods, including, but not limited to: T-
shirts, wearing apparel, posters, stickers, jewelry, and programs - PURCHASER - agrees
tiaat- ho-wiihreceive- no-percentage-of- any - monies -received- by- M.E.L.E.CO. from- the -sale
-of- such- merehandise. PURCHASER agrees that the merchandising representative of
M.E.L.E.CO. shall have access to any hall facilities and any and all areas adjacent to
the facility he /she may require, as related to merchandise. PURCHASER is required by
M.E.L.E.CO. to make his best effort to negotiate a 75/25 split with the concessionaire at
the venue. Sony Signatures reserves the exclusive right to finalize all merchandising
contracts.
B. PURCHASER agrees to contact:
Carl Gibbs
Music City Merchandise
2913 Berry Hill Dr
Nashville, TN 37204
Tel: (615)383 -5653
Fax: (615)383 -6564
Mobil: (615)456 -2962
manofswaa A aol.com
at least two (2) weeks in advance of proposed engagement to arrange facility for
merchandising.
C. ARTIST shall have right to utilize his own vendors (to the exclusion of any and all.
vendors).
D. No-other form of merchandise or novelties, including, without limitation, -any licensed -
products, will be sol dur bef
�in9-ore or-,after- the -cone un ess as agreed upon, in
writing, -by W1 E`.LEX0. two (2) weeks prior r to the concert date.
qVN, Portz Q% to t U\,i-caaurh -J ticawwor,16 In" W `AVO
E. PURCHASER agrees to provide four (4) security personnel, at the building's expense,
to police the outside and inside of the facility, including the parking facilities, for the
purpose of preventing the sale of unauthorized merchandise.
F. PURCHASER shall, if the applicable laws permit, at the request of the ARTIST or his
representative, file criminal charges on ARTIST's behalf against any person or firm
selling unauthorized merchandise.
Purchaser's Initials
7. SPONSORS AND CO- SPONSORS
PURCIIASER warrants and represents that no sponsors or cosponsors ( i.e., beer, so rink,
cigarette co nie or radio stations, etc. ) will be involved with ARTIST's sho without their
approval. In addition, tha lag banners, marquees, etc. wi be-p aced in or around said
place of performance without written appr. al- of -AffIST manager.
If PURCHASER'S ate�a Sponsorship show, PURCHASER shall agree to the S o sorship
Rider attach
8. PAYMENT
All deposits to be paid hereunder shall be forwarded by the PURCHASER in a timely manner
to International Creative Management. PURCHASER hereby acknowledges and understands
that all such deposits shall be promptly forwarded by International Creative Management
directly to M.E.L.E.CO. LLC f /s /o THE BEACH BOYS. PURCHASER hereby acknowledges
and agrees that M.E.L.E.CO. LLC f /s/o THE BEACH BOYS, shall hold such deposits and be
solely responsible for them. PURCHASER agrees that final payment should be made in the
form of a Cashier's Check made payable to M.E.L.E.CO. LLC and given to ARTIST's tour
representative as per Section 5, Letter A.
Purchaser's Initials
THE BEACH BOYS 2005 PRODUCTION RIDER
10
Dear Purchaser:
The attached is a copy of the Production Rider for your upcoming concert with THE BEACH BOYS.
Enclosed you will find all points regarding THE BEACH BOYS' show in the way it is presented from
set -up to tear down.
In a case where there are outstanding problems which require an advance production meeting,
please advise us as soon as you receive this Rider. Any questions regarding production, catering, or
technical items should be directed to Rick Huber, Production Manager.
Sincerely;
M.E.L.E.CO.
Rick Huber
Production Manager
TEL: 407 - 292 -0499
FAX: 407 - 292 -1193
CELL: 775 - 846 -0125
rickhuber@mindspring.com
11
9. PRODUCTION ADVANCE
A. You will be contacted by telephone prior to your date to confirm all points of this Rider
by a representative of M.E.L.E.CO.. If there are any changes to this Rider on your
behalf, they must be submitted, in writing, no less than four (4) weeks prior to the show,
to:
Elliott Lott / M.E.L.E.CO.
475 Philbrook Square
San Diego, CA 92130
Tel: 858 -793 -4141
Fax: 858 - 793 -4145
Cell: 775 - 846 -4393
Rick Huber
831 Palm Cove Dr.
Orlando. FL 32835
Tel: 407-292-0499
Fax: 407-292-1193
Cell: (775) 846 -0125
rickhuber@ mindspring.com
B. The PURCHASER will furnish for this engagement, at his own expense, all equipment,
personnel, services and other items necessary for the presentation of the ARTIST's
production, including, but not limited to, the following:
It is of the upmost importance that all production be of the highest quality! In the case of an
outdoor show, all staging, scaffolding, loading docks, spotlight towers, band risers, stage
covering (including carpets and sound wing scrims), barricades, etc., are a cost of the
PURCHASER. Stage must be provided by a reputable staging company, experienced in
providing outdoor stages for full production "rock and roll" type. concerts with SOUND and
LIGHTS. PURCHASER must be in immediate contact with ARTIST's production manager,
and all staging must meet with his approval. Home -made or city -made scenarios are not
acceptable. Staging contractor must provide certified engineering documents, stating load
bearing and stress capacities prior to arrangement of any rigging call and load -in. Staging
company will provide ARTIST's production manager, lighting company, sound company and
rigger with a blueprint of the roof structure indicating load ratings and load bearing points upon
request.
It is imperative that ARTIST fly all sound, lights, and backdrops whenever possible. Please
notify M.E.L.E.CO. immediately if there will be any problems whatsoever with flying equipment
in your building.
12
Purchaser's Initials Here
10. SOUND REQUIREMENTS
A. FRONT -OF- HOUSE:
PURCHASER shall provide a stereo LINE ARRAY (V -DOSC, VERTEC, EAW,
EV) house sound system capable of producing 110 -116 dB of clear, un- distorted
sound level within the frequency range of 40Hz - 15kHz throughout the entire
audience area. The house drive system including crossovers, 1/3 octave
equalizers and system limiters must be accessible at the front -of -house mix
position. A quality two -way head -set communications system shall be provided
between the on -stage monitor mix position and the front -of -house mixing position
WITH BEACON LIGHTS AT BOTH ENDS. REGARDLESS OF HOW MANY
TICKETS ARE SOLD, THE SOUND SYSTEM MUST BE LARGE ENOUGH TO
COVER THE ENTIRE VENUE.
NONE OF THE AUDIO EQUIPMENT LISTED BELOW SHALL BE SHARED
WITH ANY SUPPORT ACTS.
THE FRONT -OF HOUSE SOUND SYSTEM SHALL INCLUDE THE
FOLLOWING:
1 MIDAS H -3000 /2000, XL4, YAMAHA PM -5D, PM -5000 / PM -4000 MIXING
CONSOLE
1 T.C. 2290 OR D -2 DELAY
1 T.C. M5000 / LEXICON 480 (DUAL MACHINE)
1 EVENTIDE H -3000 / DSP4000 HARMINIZER
2 YAMAHA SPX -990 / T.C. M3000/2000 / PCM 81/91 REVERB UNITS
8 DRAWMER DS -201 / BSS / DBX NOISE GATES
12 dbx 160a / BSS/ DRAWMER COMPRESSOR/LIMITER UNITS
4 SUMMIT/ AVALON / DBX TUBE LEVELING COMPRESSORS
1 REAL TIME ANALIZER with calibrated microphone
1 CD BURNER
1 COMPACT DISC PLAYER
1 PAIR QUALITY HEADPHONES
Purchaser's Initials
13
B. ON -STAGE MONITORS
THE ON -STAGE MONITOR SYSTEM SHALL INCLUDE THE
FOLLOWING:
1 YAMAHA PM -5D, PM- 5000M/4000M, DIGiCo D5, MIDAS H3000, XL4,
XL250 NO RAMSA OR CREST
10 1/3 OCTAVE EQUALIZERS
10 BI -AMP MONITOR MIXES OF IDENTICAL DESIGN
12 MONITOR WEDGES with (1) 12" DRIVER and (1) 2" HORN in each
ALL WEDGES ARE TO BE OF IDENTICAL DESIGN.
2 QUALITY HAND -HELD UHF WIRELESS MICS WITH SM58 / BETA -58A
CAPSUALS
DI'S AND MICROPHONES AS LISTED ON THE INPUT LIST
THE FOLLOWING ARE ONLY NEEDED WHEN A DIGITAL CONSOLE IS
NOT AVAILABLE
3 YAMAHA SPX -990 / 900, T.C. M3000/2000 DIGITAL REVERB UNITS
8 dbx / BSS / DRAWMER COMPRESSOR / LIMITER UNITS
2 DBX / BSS / DRAWMER NOISE GATES
IF YOU FORSEE ANY PROBLEM MEETING THESE REQUIREMENTS
OR NEED TO MAKE ANY SUBSTITUTIONS OF ANY EQUIPMENT, YOU
MUST GET APPROVAL FROM THE BEACH BOYS PRODUCTION.
PLEASE NOTIFY Michael Swift, FOH ENGINEER, 484 - 467 -9677 OF ANY
CHANGES YOU WANT TO MAKE,
C. At outdoor "Festival" type shows, or shows with multiple opening acts, the
PURCHASER will provide said opening acts with a separate on stage monitor
system, front of house mixing board and equipment, and sufficient technical staff
to install and operate such equipment.
Purchaser's Initials
14
ifp
THE�FOLLOWING IS A LIST OF EQUIPMENT THAT IS REQUIRED FOR THE BEAC
BOYS'SH \\OW. SUBSTITUTIONS NEED TO BE APPROVED BY THE LD.
2 40' PRE -R) \1TH SES WITH SIXTY (60) PAR 64'S IN EACH. LAMPS E LISTED ON
PLOT
1 WHOLE HING 12 SOURCE F, 26°
7 PAR 64 ACMPED
3 8 LIGHTS, 1 40' SCENICURTAIN, UPSTAGE
1 40' X 25' BI
16 MOVING LIGHTS, 8 MARTIN 2K PROFILES, 8 MAR 2K WASH
1 DF 50 HAZER WITH FANS, 1�4J HAZERS WHE UTSIDE
3 F.O.H FOLLOW SPOTS WITH SOBER, EXPER NCED OPERATORS AND
COMMUNICATION SYSTEM. THE SPOTS ST BE 1200 WATT ARC LAMP AT MINIMUM,
IN EXCELLENT WORKING CONDITION.
5 STATIONS OF CLEAR COM- STAGE, F H, SPOTS
ALL NECESSARY RIGGING — INCLUDING Ott) CABLE PICKS
ALL NECESSARY HARDWARE — DIMM1 G, CAB ING, AND COLOR
THE LD WILL NEED TWO PEOP�FOR FOCUS AND`A TECH FOR SHOW CALL. . THE SPOT
OPERATORS MUST BE EXPEL NCED, SOBER, ANDZJNDERSTAND ENGLISH.
THE FOLLOWING IS A IV OF COLOR; . SPOT
L119 "DARK BLU
R 22
"DEEP ER"
R 27
"MED RED"
R 56
" G SY LAVENDER"
L 128
RIGHT PINK"
L 181
"CONGO BLUE"
L 1 " COSMETIC ROUGE"
L�176 "LOVING AMBER"
FRAME 1 - R 331£
FRAME 2 - L 151
FRAME 3 — R356
FRAME 4 — R16
FRAME 5 —R318
FRAME 6 — L 176
k lni�' O bH TI rt 15zvu
"1/a MINUS GREEN / 1/a CTO
JTINT"
"MIDDLE VENDER"
"LIGHT AM R"
"MAYAN SU
"LOVING AMBER"
IF YOU HAVE ANY QUESTIONS OR NEED TO MAKE CHANGES PLEASE FEEL FREE TO
CALL
DANIEL O'BRIEN AT 310 - 936 -7318
THANK YOU
Purchaser's Initials
15
12. BACKLINE REQUIREMENTS
PURCHASER shall provide the following:
NONE OF THE BACKL/NE EQUIPMENT LISTED BELOW SHALL BE SHARED WITH ANY
SUPPORT ACTS.
RENTAL TECH MUST STAY AT VENUE THROUGH SHOW
A. GUITARS
1 GALLIEN- KRUGER 800 RB BASS AMP
2 SWR GOLIATH III 4X10 SPEAKER CABINETS (W 20' SPEAKER CABLE)
2 FENDER DELUXE REVERB AMPS
MATCHLESS CHEIFTON 1 X 12 COMBO AMPS OR
MESA BOOGIE MK -III / MK -IV GUITAR COMBO AMPS
GUITAR STANDS
FENDER STRATOCASTER GUITAR AND STRAP
FENDER PRECESSION BASS GUITAR AND STRAP
TAKAMINE OR TAYLOR ELECTRO ACCOUSTIC GUITAR AND STRAP
B. KEYBOARDS
1 ROLAND RD -700 ELECTRIC PIANO
2 KORG O1W /FD SYNTHESIZER (DISC DRIVE MUST WORK)
1 KORG TRITON EXTREME PRO 76 or X 88 NOTE(MOSS CARD AND 64 MEG
MEMORY, PCM -02, PCM -07 EXPANSION CARDS)
1 HAMMOND XK -2 or XB -2 W/ HAMMOND EXP -100A VOLUME PEDAL
1 LESLIE 122 OR 147 SPEAKER W/ SPEED FOOTSWITCH & PREAMP
5 ULTIMATE SUPPORT APEX STAND
3 PIANO STYLE KEYBOARD SUSTAIN PEDALS
C. DRUMS
1 DRUM SET (DW) consisting of:
KICK:
KICK PEDAL
SNARE:
TOMS:
HI -HAT:
CYMBALS:
STANDS:
DRUM SEAT:
HEADS:
STICKS:
PLEXIGLASS:
DRUM RUG:
Purchaser's Initials
1 - 22" with Pin- Stripe heads
2 DW SINGLE BEATER PEDALS
2 - 14" with coated Ambassador top head and clear bottom head
12 ", 14" mounted on separate stands with Pin - stripe top
heads and clear bottoms.
14"
SABIAN 1 - 20" Ride, 2 - 18" Crash, 1 - 16" Crash, 1 - 12" Splash
6 - boom stands for cymbals, 1 — Hi -Hat stand
2, One ROUND with a back, Non Hydraulic (NO BICYCLE SEATS)
As specified above with spares
2 Pair PROMARK 747 HICKORY WOOD TIP, NO OAK
Plexiglas baffle to shield on three sides
Backline provider must bring a drum rug
16
13.
14.
15.
D. PERCUSSION
4 DOUBLE ROW HAND HELD TAMBOURINES
1 29" TYMPANI W/ MALLETTS
1 SLEIGH BELL WAND
1 QUINTA AND CONGA SET WITH STAND
E. MISCELLANEOUS
20 25' GUITAR CABLES
10 10' GUITAR CABLES
Support acts shall not use any band instruments or equipment provided by ARTIST. Any
rental band equipment provided for the use of ARTIST shall be separate from any rental band
equipment provided for support acts.
STAGE PROPS
In order to provide a Beach Atmosphere please provide the following.
A. TEN (10) Six to Eight foot tall potted palm trees.
EIGHT (8) Three to Four foot tall potted palm or other tropical plants.
B. If the show is to be a "CHRISTMAS SHOW ", PURCHASER is to provide a snow effect
That will appear to cover the entire stage.
B. PURCHASER is encouraged to provide surfboards or other props to further enhance
the Beach atmosphere.
D. A 15'x 10' UNITED STATES FLAG SHOULD BE HUNG ON A KABUKI DROP, OFF
THE UPSTAGE TRUSS AND DROPED IN DURRING "SURFING USA"
CURTAIN /BACKDROP
ARTIST may employ a curtain and /or a backdrop. If there are any building, city, or fire
restrictions that would prevent the hanging of a curtain or backdrop, the purchaser must notify
M.E.L.E.CO. four (4) weeks prior to the performance. This curtain will restrict rear -seat
viewing.
STAGE SPECIFICATIONS
A. INDOOR VENUE:
B. OUTDOOR VENUE:
Purchaser's Initials
60' WIDE X 44' DEEP X 5' HIGH
60' W4DE X 48!-DEEP-- X-"IGH
&6m oN \jGUV�, 0.CbntA0 i1%n)
17
C. FESTIVALS & MULTIPLE ACTS:
D. HOTEL BALLROOMS:
60' WIDE X 60' DEEP X 5' HIGH
40' WIDE X 32' DEEP X 36" HIGH
The stage must be capable of supporting 125 lbs. per sq. ft. The surface must be smooth,
level and free of weak spots, gaps, holes and protrusions. MARLEY OR CARPETING MUST
COVER ALL STAGES WITH ROUGH SURFACES. At an indoor venue, at least six (6) feet of
clearance must be left on all sides of the stage and side platforms. if this requires moving
hockey dashers or other obstacles to conform to fire laws, then it must be done prior to
ARTIST's load -in stage call. The front of the stage must have a solid face, which will prevent
any passage under the front of the stage. Black masking must be provided for the front of the
stage and barricade.
OUTDOOR STAGES MUST HAVE A ROOF COVERING THE ENTIRE STAGE TO
PROTECT PERFORMERS AND EQUIPMENT FROM INCLEMENT WEATHER AND
INTENSE DIRECT SUNLIGHT!
In addition, PURCHASER agrees to make available at load -in a minimum of four (4) new 10' x
100'x 10 mil heavy plastic tarp, or enough to coverall equipment. PLEASE NOTE THAT
THIS IS A MINIMUM REQUIREMENT AND THAT WEATHER CONDITIONS MAY DICTATE
THE NEED FOR ADDITIONAL MATERIAL!
16. RISERS
THE FOLLOWING SIZED CARPETED RISERS ARE REQUIRED:
1 - 8' WIDE X 8' DEEP X 3' HIGH (DRUMS)
2 - 8' WIDE X 8' DEEP X 2' HIGH (KEYBOARDS)
17. SOUND WINGS & MONITOR/TECH WINGS
A. INDOOR ARENA SIZE VENUES: All sound will be flown in indoor arena size venues
with the exception of the front fill cabinets on either side. Sound wings or side platforms
will be needed for these front fill cabinets, the monitor mixing area and keyboard/guitar
technician areas.
Dimensions for INDOOR ARENA -SIZE sound wings are as follows:
STAGE RIGHT - 12' WIDE X 32' DEEP X 4' HIGH (or two (2) ft. below stage
height).
STAGE LEFT - 12' WIDE X 24' DEEP X 4' HIGH (or two (2) ft. below stage
height). Lighted steps are required from floor to wing and wing to stage.
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18.
B. OUTDOOR VENUES
,an
P.A. WINGS - SOUND SYSTEM - HANGING FLY /STACK TOWER
20' WIDE X 12' DEEP X 32' HIGH ABOVE STAGE LEVEL, with three (3) "1"
beams running up /down stage for motor points - 1800 lbs. per point.
MONITOR/TECH WINGS - MINIMUM 20' WIDE X 36' DEEP (or depth of stage)
THESE AREAS ARE TO BE COMPLETELY COVERED!!
BOTH STAGE LEFT AND RIGHT WINGS MUST HAVE COVERED MONITOR/TECH
AREAS UPSTAGE AND IN ADDITION TO THE SOUND WINGS WHERE THE P.A.
ITSELF IS STACKED OR FLOWN. THESE MONITOR/TECH WINGS SHALL BE 16'
32' WIDE BY THE DEPTH OF THE STAGE REMAINING UPSTAGE OF THE P.A.
WING. MONITOR/TECH WINGS AND STAGE SHALL BE BORDERED BY A "TOE
RAIL" TO PREVENT CASES FROM ROLLING OFF THE STAGE.
A loading dock will be –nidcessary_WtTTDOOR venues due to stage height in relation to the
height of trucks and the resulting steep angle: —__
The loading dock should be 16' wide- X- 12'- d"ee`p X 5' high, or two (2) -feioYbelo tage height.
The loading dock should b03' feet from the stage and placed for easy access and backing-
-48'- semi -tric-6-r trailers.
19. STAIRS
Two (2) sets of stairs are required at each sound wing. Stairs are to go from floor to wing and
wing to stage. At outdoor venues, stairs must be in place from the ground to each sound wing
from load -in to load -out. STAIRS MUST BE WELL- LIGHTED!
20. BARRICADE
A barrica e f SOLID CONSTRUCTION, NOT CHAINLINK OR SNOW FENCE ilttfe
employed at�is nce of two (2) to four (4) feet from the front of the to at a height of four
(4) feet. The top ed f the barricade shall be smooth and splinters, nails, screws,
sharp protrusions or any oth r substance that cou se any injury or bodily harm to the
audience. The barricade shall e.put in only AFTER all equipment has been placed on
the stage, and ONLY with the 1sZf ARTIST's Production or Stage Manager. At
OUTDOOR VENUE arricade should a placed as to completely secure and separate
the entire age area from all public areas, t public access. In HOTEL BALLROOMS,
Wpe d stanchions shall substitute for solid barricade.
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21. HOUSE MIXING RISER/SPOTTOWER
A. INDOOR VENUE:
For Sound, a 16' wide X 12' deep area must be clear with no riser. For Lights, a 16'
wide X 8' deep X 2' high riser, placed immediately behind sound area; to be situated
75' from the front of the stage. There should be one (1) six foot (6) or eight foot (6)
sturdy banquet table and four (4) chairs placed on the Lighting riser.
B. OUTDOOR VENUE:
20' wide X 12' deep X 3' high. There should be one (1) six foot (6) or eight foot (8')
sturdy banquet table and four (4) chairs placed on this platform. OUTDOOR MIX
PLATFORM MUST HAVE A ROOF AND REMOVABLE SIDES! (Water proof tarp
material is acceptable.)
C. HOTEL BALLROOMS /CONVENTION HALLS:
For these special venues and circumstances, location of the sound mixing and lighting
control locations will be determined on an individual basis. Spotlight tower locations will
be determined in a like manner. Spot towers in these venues are to be draped in black.
D. SPOT TOWERS:
At outdoor venues, the spotlight tower may be located above the house mixing position,
at a minimum of 20 feet above ground level. The spot tower shall be covered with a
suitable roof to protect operators and spotlights from inclement weather.
22. A. CREW CALLS AND MANPOWER:
ALL STAGEHANDS MUST BE PROFESIONAL STAGEHANDS. ABSOLUTELY NO
VOLUNTEERS, AMUSMENT PARK RIDE OPERATORS, SCHOOL WRESTLING OR
FOOTBALL TEAMS, ECT. ALL HANDS MUST BE CLEAN AND SOBER, AND
DRESSED APPROPRIATLEY.
EXACT TIMES AND NUMBERS WILL BE CONFIRMED BY
PRODUCTION MANAGER DURING HIS PRODUCTION ADVANCE
B. HOUSE ELECTRICIAN
THE HOUSE ELECTRICIAN IS REQUIRED TO BE AVAILABLE FROM LOAD -IN TO
LOAD -OUT!
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23. POWER
24.
A. LIGHTS: As required by your Lighting Vendor
B. SOUND: As required by your Sound and Backline Vendors
C. ."SPOT&.-.The power source for spotlights shall be separate from the power
providfor -theain lighting and sound sy§tems- equate power and
services shall be provi -e s - s_to preVe—nt all spotlights from going out
should the service- for spotlight t ►aif."SPOT HT POWER'MUST
�ECHEC ED 4 HOURS BEFORE SHOWTIME, NO�INUTESI
Voltage during FULL current draw shall vary no more than five percent (5 %) than
voltage with NO current drawn.
D. GENERATORS:
If generators are to be the power source they must be completely stable at 60 hertz,
crystal controlled, sound proofed "HUSH" type, Non - Smoking. They must provide three
(3) phase power at 800 amps PER LEG for lights, and 400 amps PER LEG for sound,
with power for lights and sound isolated from each other. Generators are to be located
a MINIMUM OF 200 FEET DOWNWIND OF THE STAGE With sufficient fuel to last
from load -in to load -out. Fuel reserves shall be stored in such a manner as to comply
with all federal, state, and local ordinances. Generators shall remain on sight until
released by ARTIST's Production manager. PURCHASER must provide backup
generators and switching system to facilitate a quick, manual (UNDER 60 SECONDS),
or automatic change over should the main generators fail.
NEGOTIABLE!
PURCHASER is required to provide t'
spotlights in perfect working order. Eac
six (6) color frames, a working iris, and
should be cleaned the day of the show.
trims per lamp. Super Troupers sho
1O kmt mt )*tfvJ
)F SPOTLIGHTS IS NOT A VARIABLE NOR IS (T-
REE (3) Xenon Super Tro ped or Carbon Arc
�arm_clamp is to � e nip with a color boom for
objective lens. Reflectors and lenses
ots must come with an excess of ten (10)
no more th'e 50 feet from the stage and
not more than 30 feet from t nter of the house. Throw should case to straight as
possible. PURCHAS ' to provide four (4) EXPERIENCED follow spot oper ors. Please do
not use our mance as a training ground for new people. Spotlight must be checked 4
hour .ore showtime not 10 minutes! $50.00 will be paid to the lighting directorlor
non - working followspot and com station.
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25.
If the house lights are controlled from a separate booth, the operator must be on 016
commur)KVions circuit at least 15 minutes before showtime, and continuously during the
show. Hous@ light cues are to be called by ARTISTS Production Mana r, Stage Manager, or
Lighting Director, ONLY!
26. WORK LIGHTS:
There must be a brigWt l rk light available both on stage and at the truck loading areas. This
should be chiefly kept in mind at outd ors ows which may begin in daylight hours, but have
load out at dusk or night tim
27. SCOREBOARD:
Whenever po sible the scoreboard wi ly out to its highest position. The scoreboard display
shall be turned off a minimum of five (5) rh nutes prior to ARTIST's performance, and remain
ynlighted for the duration of the performan,
28. STORAGE AREA:
An area will be required for the storage of empty cases and other miscellaneous equipment.
This area should be as close to the stage as possible. The storage space should be
unexposed to the elements, and have a flat, dry, solid floor surface. If the purchaser cannot
provide a covered storage area, then sufficient weather proof plastic tarp material to cover all
cases and stored items must be provided. This material will be in addition to the rolls of
material discussed in item 13 above.
29. TRAFFIC:
It is necessary at some venues to obtain traffic clearance and/or permits in order to load and
unload trucks. This usually occurs when the loading area is on a street. Should permits or a
traffic patrolman be required, it is the responsibility of PURCHASER to make arrangements
well in advance of the load in.
30. PERMITS AND BONDS:
PURCHASER agrees to secure and furnish all necessary permits, licenses and bonds to allow
M.E.L.E.CO. / THE BEACH BOYS to properly produce their show, and or cross any
international borders.
31. PARKING.
The following parking spaces must be made available to ARTIST's Road crews as close to the
stage and loading areas as possible:
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A. Two (2) 45 foot tour busses. Each parking place should be within 20 feet of a 50 amp
220 volt AC circuit.
B. In addition, parking spaces for five (3) Passenger Vans
32. TRANSPORTATION:
II
PURCHASER is to provide transportation for ARTIST. Each vehicle shall have a local,
competent driver, who is familiar with, and instructed as to, the routes into and out of the
concert site and backstage entrances. Vehicles and drivers will be used to: pick up and
transport ARTIST from the airport to the hotel; from the hotel to the venue for sound check,
and back to the hotel; from the hotel to the venue for the performance, and back after the
performance; from the hotel to the airport for departure. Chris Farmer, Road Mgr. will
determine which of A, B or C below.
A. Two (2) late model 15 passenger vans and one (1) luggage van.
B. One (1) late model limousine, two (2) late model 15 passenger vans, and one (1)
baggage van.
C. One (1) 40 passenger late model bus (Prevost, Van Hool, Eagle) with luggage
compartments underneath and one (1) luggage van.
SCHOOL BUSSES ARE NOT ACCEPTABLE!!
ARTIST'S crew may be bringing guitars and other musical instruments in by air rather
than by land. If such is the case, PURCHASER must provide a cargo -type van, (i.e.
with no passenger seats), or a small truck with a lockable cargo area. Pick -up and
drop -off times will be arranged by Chris Farmer, Road Mgr. 775 - 846 -4876
C. POLICE ESCORT
A Police Escort should-bpprovided at all fairs,_ fe d.public- shows - where - traffic
33. SECURITY:
PURCHASER shall provide ARTIST with adequate uniformed and non - uniformed
security guards for protection; all security arrangements being subject to M.E.L.E.CO.
requirements. (Please note that for Industrial Shows, Private Parties and other shows
with limited attendance, security arrangements will be specifically tailored to fit the
venue and situation.).
A. Two (2) security guards per 1,000 people at public shows.
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B. Or,e (1) uniformed security guard to guard the mixing platform, from the time the e
open, throughout the performance, and until the public has left the building.
C. One (1) no\ ifgmed security guard to be stationed at the door of ARTIST's dressing
room from the time thkcatering is set up until after the bands depart6re.
D. Two (2) uniformed security gua ds to be stationed on the fl6or, both stage left and stage
right.
E. Two (2) non - uniformed securty guards toy tationed on the floor in front of the stage.
F. Non - uniformed security should h v6 T-shirts or other g ments clearly defining them as
security personnel.
G. Head of security shou'id meet with Production Manager 30 minutes of re the doors are
opened.
H. Overnight security will be required in cases of day before set -ups and / or multiple
performances.
I. For private parties and / or corporate functions, security requirements will be
determined on an individual basis.
34. SAFETY:
A. FIRE EXTINGUISHERS:
PURCHASER must provide two (2) 10 lb. CO2 Fire extinguishers to ARTIST's stage
manager prior to sound check.
B. FIRST AID:
A comprehensive First Aid kit must be available from load -in through load -out.
C. DOCTOR:
PURCHASER will provide the name and phone number of a throat specialist and a
physician.
D. CHIROPRACTOR:
PURCHASER will provide the name and phone number of a licensed, competent,
experienced and available Chiropractor to the production manager.
E. PYROTECHNICS:
This production does not use pyrotechnics or any like effects.
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35. PASSES:
M.E.L.E.CO. may carry all necessary passes for the engagement. If not, PURCHASER must
provide stick -on passes for the bands guests and local crew. Touring personnel will wear the
permanent, laminated pass, and these persons are to have the highest priority. All other
passes issued will be of the "Stick -on" variety, and will be issued by M.E.L.E.CO. on the day of
the show.
Any passes issued by the PURCHASER or Promoter for support acts, stagehands, venue
personnel, promoter personnel, media, sponsors, or non - ARTIST guests, shall NOT be VALID
for access to Artist's Production Office, Artist's Hospitality and adjacent backstage areas, and
most notably NOT VALID for access to the stage and wing areas of the stage, immediately
prior to, during and after Artist's performance.
THE ONLY "ALL ACCESS" PASSES FOR THE DAY OF SHOW WILL BE ISSUED BY
Artist's PRODUCTION MANAGER! SECURITY, PARKING ATTENDANTS, AND
CATERING PERSONNEL SHALL BE ADVISED AS TO THE VALIDITY OF PASSES OTHER
THAN OFFICIAL BEACH BOYS PASSES, AND THE ALL ACCESS NATURE AND PRIORITY
OF BEACH BOYS LAMINATES!
36. GUESTS:
Special guests should receive first -rate cordiality, as long as it does not infringe upon the
privacy of ARTIST. Guests of ARTIST WILL BE ALLOWED IN THE HOSPITALITY ROOM
ONLY AT M.E.L.E.CO.'s discretion. M\ Q y f:1G.Ke% 4R(NAZ 6vrev-3
37. PHOTOGRAPHY/ VIDEO & AUDIO TAPE RECORDING
Any unauthorized photographic, video or recording equipment is subject to confiscation
until the show ends. Tapes, film and /or batteries will be removed from machines. This
policy shall apply to corporate or private performances as well as public. Signs must
be placed in prominent areas stating; NO FILM OR DIGITAL PHOTOGRAPHIC,
VIDEO OR AUDIO RECORDING EQUIPMENT IS ALLOWED IN THIS BUILDING!
THIS SHALL APPLY TO ALL PERFORMANCES INCLUDING PRIVATE,
CORPORATE AND INDUSTRIAL.
38. 'PRODUCTION OFFICE
PURCHASER must make an office at the venue available to ARTIST's Prod
from loaO-*n o load -out. This office should be for the sole and --Use usi seveTi of
ARTIST's Prodbetion staff, and not shared with oter or venue staff, or any
other activity. This offic shou ose as possible to the backstage area.
Production offi . m ntg shall apply to private and /or corporate shows, but may
i ied on an individual bas
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ELI
TWO desks or TWO (2) six foot (6') or eight foot (8') sturdy banquet type
two (2) o chairs with wheels, AT LEAST two (2) DUPLEX electrical outlet
adequate ligh 'qg, heating and air conditioning.
B. TELEPHONES:
Two (2) direct dial, not usedV the promoter for pre -prod ion, not through a
switchboard, non operator -ass ed, modular, touch t e telephone lines; compatible
with computers and fax machines, hones must in service PRIOR to load -in and
active through load -out. ARTIST's P UC N OFFICE PHONE NUMBERS MUST
BE MADE AVAILABLE AT LEAST TWO WEEKS PRIOR TO SHOW DAY.
C. INTERNET:
nnect ion should be made availabl in the production office.
A High -speed intern o
Either hardwire fireless.
D. FAX M INE and COPIER:
AX Machine and a Copier must be available to the Artist's production st ft
39. RUNNER
The PURCHASER must make available one (1) knowledgeable individual to act as a
runner. The runner should be familiar with the local area surrounding the venue. The
runner must have a valid driver's license, valid auto insurance and the exclusive use of
a reliable vehicle. (Car, truck or van). The runner will report to ARTIST'S Production
Manager at load -in and be available through load -out. Monetary compensation for the
runner's services, and fuel used by the runner, will be the responsibility of the
PURCHASER. A runner will be required for private and /or corporate shows.
40. TOWELS
ARTIST will require a supply of freshly laundered towels from load -in through load -out.
1/2 HOUR PRIOR TO LOAD -IN: ONE (2) dozen bath -size towels and 2 bath -size bars
of deodorant soap, in Production Office, FIRST THING IN THE MORNING!
ONE HOUR BEFORE SHOWTIME: TWO (2) dozen hand towels. Dark colors are
preferred. ONE SMALL PACKAGE OF BAND -AIDS
LOAD -OUT: Two (2) dozen bath -size towels.
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41. BACKSTAGE ACCOMMODATIONS
The following rooms are to be provided by the Purchaser for the exclusive use of THE
BEACH BOYS 1 M.E.L.E.CO. IF THERE ARE NO CLEAN PRIVATE SHOWERS ON
SITE, PURCHASER MUST PROVIDE TWO HOTEL ROOMS IN A NEARBY HOTEL
AT NO COST TO THE ARTIST.
A. CREW ROOM: From load -in to load -ou
This room is a sole use of ARTIST's crew. The Crew Room should be a
to room wi clean toilet and shower facilities. This room should be labeled
"THE BEACH BOYS - C EW.
B. HOSPITALITY ROOM: One (1) hour prior to doors.
This room is for the exclusive use of ARTIST and their guests. Room must be kept
clean, dry and at a moderate temperature. It must have two (2) eight foot (8) sturdy
banquet tables with clean linen tablecloths, one (1) six foot (6) clean upholstered
couch, and SIX (6) padded chairs. This room should be labeled "THE BEACH BOYS -
HOSPITALITY ".
C. DRESSING ROOMS: Two (2) Required - At least three (3) hours prior to showtime.
These rooms should comfortably hold 6 to 8 people. Rooms should have three (3)
working electrical outlets, a full - length mirror, new iron and ironing board, toilet and
shower facilities, heating and air conditioning, and a sink with hot and cold running
water. These rooms should be lockable, and keys made available to PRODUCTION
MANAGER three (3) hours before showtime. These rooms should be labeled "THE
BEACH BOYS DRESSING ROOM".
D. TRAILERS, MOTOR HOMES, PORTABLE DRESSING ROOMS:
If trailers, motor homes or portable dressing rooms are used in place of, or in addition
to, permanent dressing rooms, they must be clean and equipped with all amenities
described above including: air conditioning, hot and cold running water, electrical
outlets, lighting and most important of all, WORKING TOILETS!!!!!
Electrical power for portable dressing rooms shall be separate from power provided for
sound, lights and catering.
E. FESTIVAL AND FAIRS
Dressing room facilities shall meet with all the requirements set forth in this Rider.
Backstage accommodations provided for ARTIST shall be for the exclusive use of
ARTIST and not shared with any support acts.
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42. CATERING:
FOOD AND ATMOSPHERE SHOULD BE OF THE HIGHEST QUALITY. THE DINNER MEAL
SHOULD BE SERVED IN A QUIET ATMOSPHERE, FREE FROM OTHER ACTIVITIES. ALL
MEALS SHOULD BE SIT -DOWN, CATERED, AND SHOULD NOT CONSIST OF TAKE -OUT,
FAST, OR CONVENIENCE -TYPE FOODS. PLASTIC UTENSILS AND PAPER PLATES FOR
THE DINNER MEAL ARE UNACCEPTABLE!!
The catering and amounts covered below refer to ARTIST's Touring personnel only! If the
Purchaser wishes to provide food for the local crew it must be done at no cost to M.E.L.E.CO.
CATERING SPECIFICATIONS ARE GIVEN IN CHRONOLOGICAL ORDER.
A. ALL DAY ITEMS: (FOR A CREW OF 101
1) Spring Water: sealed bottles, non carbonated
2) Fresh Coffee: regular and decaf
3) Hot water: with an assortment of teas, lemon & sugar
4) Iced tea: Fresh Brewed please, sugar & lemon on the side.
5) Assorted drinks and juices: Gatorade, Classic & Diet Coke, Dr. Pepper, Mountain
Dew, Canada Dry Ginger Ale, 7 -up, Root Beer, Orange, Apple, and Tomato juices.
Assorted sparkling waters. Assorted Snapple Ice Teas and flavored soft drinks. RED
BULL.
6) Assorted plastic cups and utensils: 12 or 16 oz. coffee cups - NO STYROFOAM
PLEASE!!! 16 oz. SOLO brand drink cups. Coffee stirrers, paper plates and heavy
duty plastic utensils. napkins and paper towels. (Please remember that this is in
addition to the real place settings for dinner.)
7) Recycling: Please note that THE BEACH BOYS are environmentally conscious.
Whenever possible we would like to have recycling bins in the catering area for
aluminum, glass, and paper products. And again we do not want any Styrofoam cups
or plates. THE BEACH BOYS AND THE PLANET THANK YOU!
PLEASE NOTE THAT DRINKS AND COFFEE SHOULD BE AVAILABLE UNTIL
THE VERY END OF LOAD -OUT..
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B.
SET 913, HOT & READY TO SERVE 1/2 HOUR BEFORE RIGGING CALL OR
AND TP BE AVAILABLE FOR AT LEAST THREE (3) HOURS.
1) A�sorted cereals: Granola, Product 19, Raisin Bran, Nutri- Grain, Fr it Loops,
C errios and Instant oatmeal.
2) Muffi s and donuts: An assortment of muffins, including ThoraSas' English muffins,
and donuts (Krispy Kream if Available /
3) Breads: White, Whole Wheat, Rye and Sourdough, 1/ ozen assorted bagels, box
toaster waffles.
4) HOT FOODDR Eggs, (including Eggbeaters), barn, sausage, hash browns
(THE CREI�,ARE WILLING TO COOK THEI} OWN BREAKFAST. JUST HAVE A
DOZEN EGGS, I lb BACON, FROZEN HASH BROWNS AND AN ELETRIC
SKILLET)
5) Fresh Whole Fruit: An assortment of fresh fruits in season including: berries, apples,
melons, oranges, bananas. Please o not limit it to these; if other fruit looks good, go
for it.
6) Juices: (as in letter "A' above) orange, tomato, apple, cranberry/apple, Odwalla
carrot juice.
7) Yogurt: An assortme of ow or non -fat yogurt.
8) Milk: Whole, lo-f , non -fat
9) Hershey's o estles Chocolate drink mix.
10) Maple Syfup, Butter &
11) 096 (1) four slice toaster.
12) /One cutting board and sharp
Protein Bars (Met RX, Pro MAX,
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Cream Cheese, Assorted Jams & Jellies.
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C. CREW LUNCH:
LUNCH TIME WILL BE SET BY THE PRODUCTION MANAGER IN HIS SHOW ADVANCE.
LUNCH WILL BE FOR 10 PEOPLE AND AVAILABLE FOR THREE (3) HOURS.
1) Any Two (2) of the following: Hamburgers, Turkey burgers, Grilled Chicken
sandwiches, Veggie burgers, Grilled Sausages, Grilled Cheese, etc.
2) Bread: White, Whole Wheat, Rye and Sourdough. Kaiser, onion and French rolls are
always welcome.
3) Soup: Fresh homemade soup or chili.
4) Tuna Salad: (White albacore, Dolphin Safe Please)
6) Assorted salads: Three or four salads with appropriate dressings. i.e. cole slaw,
pasta, potato, 3 -bean, chicken, Caesar, tomato mozzarella, avocado etc.
7) Assorted Munchies: Potato chips, Doritos, Pretzels, Popcorn, Fresh Cookies, etc.
8) Several brands of hot sauces should be available at all times. Dijon Mustard,
Guldens Mustard, pickles ect. NO FOOD SERVICE PACKETS
9) 1 Jar Creamy Peanut Butter and Real Fruit Jelly
10) Assorted WHOLE fruit
NO PREMADE SANDWHICHS. INCLUDING SUBWAY. Call production manager for
menu suggestions.
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D. BAND AND CREW DINNER (FOR 20 PEOPLE):
DINNER TIME WILL BE SET BY THE PRODUCTION MANAGER IN HIS SHOW ADVANCE.
There must be three entree choices: One Chicken, Turkey or Pork Loin, Plus One Fish
or Seafood, plus a Vegetarian dish. Please no cream sauces. Production manager
must approve menu. Caterers please call Rick Huber at 407 - 292 -0499
THE FOLLOWING SHOULD ACCOMPANY ALL OF THE ENTREES:
1) Tossed green salad or salad bar: With separate salad bowls and an assortment of
dressings. Oil and Balsamic Vinegar, Ranch, Italian, Bleu Cheese, Thousand Island,
etc. (Please include one low cal I low fat dressing). Dressing and cheese should be
on the side only.
2) Vegetables: Fresh steamed vegetables. (NOT OVERCOOKED), NO CANNED
VEGETABLES ARE ALOWED. CORN IS A GRAIN, NOT A VEGITABLE
3) Rolls: Fresh, hot dinner rolls.
4) Rice or Potatoes
5) Dessert: Fresh homemade fruit pie, cake, ice cream etc.
6) Necessary condiments and restock the all day drinks in letter "A" above.
7) Salt and pepper in shakers not food service packets. A variety of hot sauces
should be available.
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E. THE BEACH BOYS HOSPITALITY ROOM:
ALL HOT APPETIZERS ARE TO BE SERVED IN CHAFING DISHES. ALL COLD
BEVERAGES SHOULD BE IN BUS TRAYS OR COOLERS AND COVERED WITH ICE. ALL
FOOD TRAYS SHOULD BE COVERED WITH FOIL OR PLASTIC WRAP. THIS ROOM IS
FOR THE BAND AND THEIR SPECIAL GUESTS. IT SHOULD BE A COMFORTABLE
PLACE AND THE FOOD DISPLAYED ATTRACTIVELY. PLEASE MAKE THIS A PLACE
THAT YOU WOULD LIKE TO SPEND TIME IN.
THE ROOM SHOULD BE SET -UP ONE (1) HOUR BEFORE SHOWTIME, FOR 15 PEOPLE.
(THIS NUMBER MAY VARY, PLEASE VERIFY THIS WITH PRODUCTION MANAGER)
1) Local, Ethnic or regional specialty hot appetizers. An assortment of three (3, of
which two must be vegetarian, and one chicken or seafood. Please be sure to get all
of the condiments for this. These may be obtained from a local reputable restaurant.
Menus should be provided to production Manager to aid you in the selection. NO
deep fried food. BACON IS NOT A VEGETABLE OR A WHITE MEAT.
2) 1 Crock vegetarian chili, assorted instant cup of soup.
3) Humus with pita bread. (1 CUP, NOT A BIG BOWL)
4) Snacks: Homemade cookies, and a variety of chocolates, M & Ms., cheddar cheese
rice cakes. Low fat cinnamon graham crackers. 1 (one) jar each of Peanut Butter and
Jelly. 1 (one) can Albacore Tuna, One cup (very small bowl) of egg salad. One small
loaf whole grain bread.
5) Assorted fine cheeses and crackers with Grapes and Apples.
6) Protein bars. Pure Protein (not balance) and Protein Plus (by Powerbar) (vegetarian,
no gelatin)
7) Juices: One (1) quart of each, orange, apple, cranberry and V -8. A Juice and
smoothie maker would be greatly appreciated. Please have a variety of fresh
fruit and vegetables to go into the drinks.
8) Water: UNCHILLED
Two (2) large bottles of Perrier (UNFLAVORED).
Twelve (12) liters EVIAN or FIJI BOTTLED water
9) Soft drinks: (CHILLED)
Twelve (12) cans Coca Cola, Six (6) cans diet Coke
Six (6) cans Sprite
Four (4) bottles Gatorade or Power -aide (small bottles)
Six (6) Assorted Snapple (NO DIET)
10) Milk: One Quart Low -fat.
Purchaser's Initials
32
11) Wine: 3 Bottles California Chardonnay (Kendall Jackson, BV, Meridian) CHILLED
36ottles Cabernet Sauvignon (Mondavi or BV) ROOM TEMPERATURE
12) Beer: Two (2) Six packs of Beck's, or Newcastle,
Two (2) Six packs Coors Lite
One (1) Six Pack Pacifico or Dos Equis
13) Fresh Hot Coffee: Made with bottled spring water.
14) Hot water for Tea: Bottled spring water.
15) Assorted Tea Bags: With half- and -half, sugar, Equal and Honey.
16) Two (2) lemons, Two (2) limes.
17) Cutting board and knife.
18) All necessary utensils. (NO PLASTIC), Two (2) bottle openers, Two (2)
Corkscrews.
19) Drink Cups: Three (3) dozen 16 oz. SOLO brand drink cups.
Two (2) dozen 12 oz. hot drink cups. (NO STYROFOAM)
20) Wine Glasses: Twelve (12) real wineglasses.
21) Ice: Clean, and separate from ice keeping beverages cold; in it's own container with
a scoop.
F. ON STAGE:
One -half (112) hour before ARTIST goes on stage:
One case small bottles of UNCHILLED water.
Two (2) dozen 16 oz. SOLO brand drink cups.
Purchaser's Initials
33
G. ARTIST and CREW BUS CATERING:
ARJIST OR CREW MAY BE TRAVELING BY BUS. IF THIS IS CONFIRM
PRO CTION MANAGER IN HIS ADVANCE, THE FOLLOWING MAY�I
REQUIRED. FOR EACH BUS. �
1) Water: One (1) %(1)ca ed spring water.
2) Soft Drinks: Oof assorted soda, Ox J6) RED BULL
7) Beer: Four (4) Six Packs of Loca i o =f3rew, Beck's, or Newcastle
8) Wine: One (1) bottle quali :Cabernet Sa non
9) Other: One (1) bottle quality Vodka, Scotch, or Te 'la. (Advance with Prod. Mgr.)
10)Ice: 59.Ib"s. of crushed ice.
11)Snacks: One box microwave popcorn, One bag chips, One bag
H. LOAD OUT FOOD:
WE WILL REQUIRE ENOUGH FOOD TO FEED 12 PEOPLE (PIZZA, SANDWICHES,
CHICKEN WINGS). A buy out of $50.00 cash can be substituted.
THIS CAN BE DISCUSSED ON THE DAY OF SHOW WITH PRODUCTION
MANAGER.
Purchaser's Initials
34
43. NON- ADHEREANCE:
ANY PART OF THIS RIDER NOT ADHERED TO IS CONSIDERED TO BE A BREACH OF
THIS AGREEMENT AND, THEREFORE, PUTS THE PERFORMANCE IN JEOPARDY AND
SUBJECT TO CANCELLATION, WITH PURCHASER LIABLE FOR ALL EXPENSES AND
ANY MONIES DUE TO ARTIST THAT WOULD CONSTITUTE A SOLD -OUT
PERFORMANCE.
44. MUTUAL WRITTEN CONSENT
This Agreement may not be changed, modified or altered except by an instrument in writing,
signed by the parties. This Agreement shall be construed in accordance with the laws of the
State of California, applicable to Agreement made and wholly to be performed herein.
45. ADDITIONAL TERMS
Any proposed additional terms and conditions which may be affixed to this Agreement by
PURCHASER shall not become part of this Agreement until signed by ARTIST or by duly
authorized representative. By the sole act of signing, PURCHASER fully accepts all
provisions of Artist's contract, regardless of any deletions or additions he attempts to make.
46. RESPONSIBILITY
PURCHASER represents and warrants that all equipment furnished to M.E.L.E.CO. shall be in
first class condition and that all personnel whose services are rendered to M.E.L.E.CO. shall
be full qualified to perform such services. PURCHASER assumes complete responsibility for
all such equipment and personnel. Any liability to M.E.L.E.CO. or any third party(s) claiming
through M.E.L.E.CO. arising out of or in connection with the breach or alleged breach of such
representation and /or warranties shall be borne entirely by PURCHASER.
47. LOCAL ADS
All local papers carrying advertisements relating to the Artist's performance and all reviews of
the Artist's performance are to be sent to M.E.L.E.CO.
Purchaser's Initials
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PURCHASER will indicate below signatures, business, fax, home and mobile telephone numbers, so
that he may be reached by ARTIST at all times.
AGREED TO AND ACCEPTED BY:
PURCHASER
DA
PURCHASER's PHONE NUMBERS
kV
H1tc.t -hmr(t `{-
PROFESSIONAL SERVICES AGREEMENT WITH
FIESTA PARADE FLOATS
FOR DESIGN AND CONSTRUCTION OF THE CITY OF NEWPORT BEACH'S
2006 ROSE PARADE FLOAT
THIS AGREEMENT is made and entered into as of this day of June, 2005,
by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "),
and FIESTA PARADE FLOATS, a California corporation whose mailing address is P.O.
Box 5417, Pasadena, California, 91117 -0417 ( "FIESTA "), and is made with reference
to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. FIESTA is a professional parade float manufacturing company that is
experienced in the design, construction, decoration and operation of floats for
the Tournament of Roses Parade held on New Year's Day in the City of
Pasadena, California.
C. City is planning to enter a float in the 2006 Tournament of Roses Parade to be
held in Pasadena on January 2, 2006 (the "Parade "). City has decided to enter a
float in the 2006 Parade in order to celebrate its centennial.
D. City desires to engage FIESTA to design, construct and supervise decoration of
the City's float so that it may be entered in the Parade (the "Project ").
E. Fiesta shall submit the design, sketches and specifications of the City's proposed
float to the City for approval prior to construction. The design shall conform to
the rules and regulations of the Pasadena Tournament of Roses Association.
F. FIESTA possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
G. The principal member of FIESTA for purposes of Project, shall be Mr. Tim Estes.
H. City has solicited and received a proposal from FIESTA, has reviewed the
previous experience and evaluated the expertise of FIESTA, and desires to
retain FIESTA to provide the services under the terms and conditions set forth in
this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 24th day of February, 2006, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
FIESTA agrees to create, construct and supervise decoration of a float for the
City of Newport Beach for the 2006 Tournament of Roses Parade, and to
diligently perform all the services described in the Scope of Services attached
hereto as Exhibit A and incorporated herein by reference.
3. TIME OF PERFORMANCE
The parties agree that time is of the essence, that any and all payments shall be
made on time as specified in Exhibits A & B of this Agreement and that the
completed float shall be ready to be placed in the Parade and shall participate
therein.
4. COMPENSATION TO FIESTA
City shall pay FIESTA for the services in accordance with this Section and the
Fee Schedule attached hereto as Exhibit B and incorporated herein by
reference. FIESTA's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed Two Hundred and Twenty Thousand Dollars and no /100
($220,000.00) without additional authorization from City.
5. PROJECT MANAGER
FIESTA shall designate a Project Manager, who shall coordinate all phases of
the Project. The Project Manager shall be available to City at all reasonable
times during the Agreement term. FIESTA has designated TIM ESTES to be its
Project Manager. FIESTA shall not remove or reassign the Project Manager
without the prior written consent of City.
FIESTA, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
FIESTA warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Recreation and Senior Services
Department. MARIE KNIGHT shall be the Project Administrator and shall have
the authority to act for City under this Agreement. The Project Administrator or
her authorized representative shall represent City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
E
7. CITY'S RESPONSIBILITIES
7.1 City shall furnish the costumed Float Riders, which shall be discussed and
agreed upon by City and FIESTA. Coordination of Float Riders, and the
number of Float Riders to be used, shall be mutually agreed upon by City
and FIESTA. It is understood by City that any and all Float Riders shall
abide by the rules and regulations regarding Float Riders established by
the Pasadena Tournament of Roses Association.
7.2 Any breach of any rules and regulations on the part of City shall be the
responsibility of City. This includes accepting any rulings of the
Tournament of Roses Association and /or any other enforcement
organization. This includes any and all monetary fines, penalties and /or
judgments imposed as a result of City's actions.
7.3 The names and the signed release forms for Float Riders supplied by City
shall be returned to FIESTA no later than November 15, 2005.
7.4 Proper costuming, and related costs, of the Float Riders is the sole
responsibility of City. City acknowledges that any and all costuming shall
compliment the agreed -upon float. If requested, FIESTA can assist City
with securing the proper costuming.
8. TOURNAMENT OF ROSES RULES AND REGULATIONS
8.1 City acknowledges that there are rules and regulations regarding the
Parade and the participation therein. If any fines, penalties and /or
judgments are made regarding the City's float and /or the City's
participation in the Parade due to actions by the City, innocent or not, then
such fines, penalties, and /or judgments shall be solely incurred and /or
paid for by the City.
8.2 FIESTA acknowledges that there are rules and regulations regarding the
Parade and the participation therein. If any fines, penalties and /or
judgments are made regarding the City's float and /or the City's
participation in the Parade due to actions by FIESTA, innocent or not,
then such fines, penalties, and /or judgments shall be solely incurred
and /or paid for by FIESTA.
9. STANDARD OF CARE
9.1 All of the services shall be performed by FIESTA or under FIESTA's
supervision. FIESTA represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards.
C]
9.2 FIESTA represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of FIESTA to practice its profession.
10. FAILURE OF PERFORMANCE
10.1 In the event that completion and /or participation of the float in the 2006
Parade is prevented by an act of God, war, fire (not attributable to failure
by FIESTA to employ reasonable precautions), FIESTA shall immediately
cease work on the float and shall be entitled to reimbursement of 20% of
its full contract fee, design fee and for all of its reasonable actual
expenses ( "Actual Expense ") of every kind and nature which FIESTA has
reasonably incurred in connection with the performance of its obligation
hereunder (as set forth in an itemized invoice to City for its approval and
payment), less any insurance payments received by FIESTA; provided,
however, that City shall have received full payment for all losses, costs
and expenses pursuant to the insurance policy covering the float as
required herein. Furthermore, where a partial payment has already been
made by City which exceeds the Actual Expenses, Fiesta will refund the
difference in the amount to City.
10.2 "Actual Expense" shall include the amount shown on invoices for the cost
of sub - contracts parts and /or labor. In the event that such actual
expenses are less than the amount paid to FIESTA on the date of
cessation of work, FIESTA hereby agrees to refund the difference to City.
10.3 Difficulties experienced by FIESTA in obtaining material, equipment and
labor shall not be considered excuses for non - performance.
11. HOLD HARMLESS
To the fullest extent permitted by law, FIESTA shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents 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 work performed or
services provided under this Agreement (including, without limitation, defects in
workmanship or materials and /or design defects [if the design originated with
FIESTA]) or FIESTA's presence or activities conducted on the Project (including
the negligent and /or willful acts, errors and /or omissions of FIESTA, its
principals, officers, agents, employees, vendors, suppliers, consultants,
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
FIESTA to indemnify the Indemnified Parties from any Claim arising from the
I,]
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 FIESTA.
12. COOPERATION
FIESTA agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the
work to be performed. City agrees to cooperate with FIESTA on the Project.
13. PROGRESS
FIESTA is responsible for keeping the Project Administrator and /or her duly
authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting FIESTA's indemnification of City, and prior to commencement of
work, FIESTA 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. FIESTA 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. AcceAtab /e 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. FIESTA shall maintain
Workers' Compensation Insurance and Employers Liability
Insurance for his or her employees in accordance with the laws of
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the State of California. In addition, FIESTA shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employers Liability Insurance in accordance with
the laws of the State of California for all of the subcontractors
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 FIESTA for City.
ii. General Liability Coverage. FIESTA 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. FIESTA shall maintain automobile
insurance covering bodily injury and property damage for all
activities of the FIESTA 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.
iv. FIESTA shall provide all proofs and certificates of insurance
required under the Agreement by October 15, 2005.
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
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 FIESTA.
ii. 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 FIESTA'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.
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. FIESTA shall give City prompt and timely notice
of claim made or suit instituted arising out of or resulting from FIESTA's
performance under this Agreement.
G. Additional Insurance. FIESTA 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.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of FIESTA, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if FIESTA is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of FIESTA. Control means fifty percent
(50 %) or more of the voting power, or twenty -five percent (25 %) or more of the
assets of the corporation, partnership or joint-venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
FIESTA. Assignments of any or all rights, duties or obligations of FIESTA under
this Agreement will be permitted only with the express written consent of City.
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17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
FIESTA, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to FIESTA or any other party. FIESTA shall, at FIESTA's
expense, provide such Documents to City upon prior written request.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
FIESTA shall defend and indemnify City, its agents, officers, representatives and
employees against any and all liability, including costs, for infringement of any
United States' letters patent, trademark, or copyright infringement, including
costs, contained in FIESTA's design services provided under this Agreement.
20. RECORDS
FIESTA shall keep records and invoices in connection with the work to be
performed under this Agreement. FIESTA shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any
services, expenditures and disbursements charged to City, for a minimum period
of three (3) years, or for any longer period required by law, from the date of final
payment to FIESTA under this Agreement. All such records and invoices shall
be clearly identifiable. FIESTA shall allow a representative of City to examine,
audit and make transcripts or copies of such records and invoices during regular
business hours. FIESTA shall allow inspection of all work, data, Documents,
proceedings and activities related to the Agreement for a period of three (3)
years from the date of final payment to FIESTA under this Agreement.
21. WITHHOLDINGS
City may withhold payment to FIESTA of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed
to constitute a failure to pay according to the terms of this Agreement. FIESTA
shall not discontinue work as a result of such withholding. FIESTA shall have an
immediate right to appeal to the City Manager or his /her designee with respect to
such disputed sums. FIESTA shall be entitled to receive interest on any withheld
sums at the rate of return that City earned on its investments during the time
period, from the date of withholding of any amounts found to have been
improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of FIESTA which result in expense to City greater than what would
have resulted if there were not errors or omissions in the work accomplished by
FIESTA, the additional design, construction and /or restoration expense shall be
bome by FIESTA. Nothing in this paragraph is intended to limit City's rights
under any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
FIESTA or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the
work performed under this Agreement, and (2) prohibits such persons from
making, or participating in making, decisions that will foreseeably financially
affect such interest.
If subject to the Act, FIESTA shall conform to all requirements of the Act. Failure
to do so constitutes a material breach and is grounds for immediate termination
of this Agreement by City. FIESTA shall indemnify and hold harmless City for
any and all claims for damages resulting from FIESTA's violation of this Section.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by FIESTA and conclusively shall be
deemed served when delivered personally, or on the third business day after the
deposit thereof in the United States mail, postage prepaid, first -class mail,
addressed as hereinafter provided. All notices, demands, requests or approvals
from FIESTA to City shall be addressed to City at:
Attn: Marie Knight, Director
Recreation & Senior Services Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3151
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from CITY to FIESTA shall be
addressed to FIESTA at:
0
Attention: Timothy W. Estes, CFEE
President
Fiesta Parade Floats
P 0 Box 5417
Pasadena, CA 91117 -0417
Phone: (626) 301 -1433
Fax: (626) 301 -1432
26. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to FIESTA. In the event of
termination under this Section, City shall pay FIESTA for services satisfactorily
performed and costs incurred up to the effective date of termination for which
FIESTA has not been previously paid. On the effective date of termination,
FIESTA shall deliver to City all, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
26.1 Withdrawal by City: In the event that City should instruct or cause FIESTA
not to complete the float or not to drive it in the Parade, it is recognized that
FIESTA can only construct a certain number of floats and in agreeing to
construct the float for City, it must reject the opportunity to construct other
floats, and further that it is important to FIESTA's business to have the
opportunity to display its work in the Parade, the exact amount of which
would be extremely difficult and impractical to fix. It is therefore agreed that
if City instructs FIESTA not to complete the float after July 15, 2005, for any
reason other than as a result of FIESTA's negligence, willful misconduct or
material breach of this Agreement, then FIESTA is entitled to be paid its
actual costs through the date of termination, plus $44,000.00 (20% of the
contract price), but in no event shall City be obligated to pay more than
$220,000.00 (the contract price).
27. COMPLIANCE WITH ALL LAWS
FIESTA shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal,
state, county or municipal, whether now in force or hereinafter enacted. In
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addition, all work prepared by FIESTA shall conform to applicable City, county,
state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
30. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
31. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both FIESTA and City and approved as to form by the City Attorney.
32. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
33. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
34. EQUAL OPPORTUNITY EMPLOYMENT
FIESTA represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
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35. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which
shall be deemed an original, but all of which, taken together, shall constitute one
an the same instrument. A facsimile signature shall be deemed an original.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM:
City Attorney
for the City of Newport Beach
ATTEST:
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LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
FIESTA:
Attachments: Exhibit A — Scope of Services
Exhibit B — Fee Schedule
Timothy W. Estes,
President & Secretary
F: I USERSICAMGISharedTiesta Parade FloatlProjessional Services Agreement.doc
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EXHIBIT A
Scope of Services
I. SERVICES TO BE PROVIDED BY FIESTA
A. FIESTA, a professional parade float manufacturing
company experienced in the design, construction,
decoration and operation of floats for the Tournament
of Roses Parade, shall create, construct and supervise
decoration of a float in a professional and workmanlike
manner for the City of Newport Beach.
1. To be entered in the 2006 Tournament of Roses
Parade ( "PARADE ") to be held in the City of
Pasadena, California on January 2, 2006.
2. The design and specifications of the subject float
will be submitted to and approved by NEWPORT BEACH
and will be prepared in a manner so as to conform
to the rules and regulations of the Pasadena
Tournament of Roses Association.
B. FIESTA shall furnish and provide the following:
1. All equipment, material and labor required to
construct said float;
2. The truck or other propulsion for said float that
will enable it to participate in the PARADE;
3. Two capable and qualified drivers for said float
to drive the float on the day of the PARADE.
4. Any additional personnel required in guiding
and /or operating the float to and in the PARADE.
5. Storage location during the construction of the
float in order that NEWPORT BEACH may review the
construction and progress of the float at any time
prior to the commencement of the PARADE.
C. Materials to be used in the float.
NEWPORT BEACH - 2006
1
0
1. Materials used in the construction of the float
shall be supplied by and shall remain the property
of FIESTA.
2. Any materials and decorations supplied by NEWPORT
BEACH shall remain the property of and shall be
returned to NEWPORT BEACH unless other
arrangements are made.
Operation of the float before, during and after the
PARADE.
1. FIESTA and NEWPORT BEACH shall work together on
the music for the float. It is understood by both
parties that any music selected has to be
completed by November 15, 2005 and that said music
has to comply with the rules and regulations of
the Tournament of Roses Association.
2. FIESTA understands that NEWPORT BEACH employees
and "volunteers" will assist FIESTA in decorating
the float, and said work force shall be
coordinated with FIESTA.
3. FIESTA shall place the completed float in the
PARADE, drive it in the PARADE and maintain it
during the Post Parade exhibition period at the
location set aside for this purpose.
4. FIESTA shall abide by all rules, regulations,
requirements and instructions of the Pasadena
Tournament of Roses Association for floats
entered in the PARADE.
5. FIESTA shall assume full responsibility for and
control of the operation of said float during and
after said PARADE.
6. FIESTA shall remove, clean up and dispose the
float after the Post Parade exhibition period.
E. FIESTA acknowledges that there are rules and
regulations regarding the PARADE and the participation
therein. If any fines, penalties and /or judgments are
made regarding the NEWPORT BEACH float and /or NEWPORT
BEACH participation due to actions by FIESTA, innocent
or not, then such fines, penalties and /or judgments
shall be solely incurred and /or paid for by FIESTA.
NEWPORT BEACH - 2006 2
II. SPECIFICATIONS FOR THE FLOAT
A. The design, sketches and specifications of the
subject float will be submitted to NEWPORT BEACH by
FIESTA.
B. The title, " Sailing through a Century", shall appear
in prominent sized letters (a minimum of at least six
inches high) so as to be clearly visible to the viewing
audience and television viewers. The name " CITY OF
NEWPORT BEACH" shall appear on the float in prominent
sized letters (a minimum of at least six inches high)
so as to be clearly visible to the viewing audience and
television viewers. Any desired logo(s) to be on the
float, must meet the requirements of the Tournament of
Roses Association.
F: VSERSICAnSharedlFiesta Parade Floats&ope ofWorkdoc
NEWPORT BEACH - 2006 3
EXHIBIT B
FLOAT CONSTRUCTION
Fee Schedule
I. PERFORMANCE BY NEWPORT BEACH
A. NEWPORT BEACH shall pay FIESTA the total sum of
$220,000.00, which shall be payable as follows:
1. $55,000.00 upon execution of this AGREEMENT by
NEWPORT BEACH and FIESTA;
2. $55,000.00 upon completion of the main
construction of the float and the float has
completed the first official test drive as
required by the Tournament of Roses;
3. $55,000.00 upon completion of the construction of
the float and the float has completed the required
second official test drive as required by the
Tournament of Roses;
4. $55,000.00 prior to January 25, 2006.
B. NEWPORT BEACH acknowledges and agrees that it shall be
solely responsible for and shall pay the entrance fee
for the PARADE, which is separate from Section A above.
F: I USERSICAPSharedlAGTiesta Parade FloatsTee Schedule.doc
NEWPORT BEACH - 2006 1
14+ ca e_h r-n
FIESTA PARADE FLOATS BIO
Fiesta Parade Floats is the leading award winning float - builder in the Tournament of Roses Parade with
an impressive 67 percent prize winning rate averaged over the past fifteen years, the highest award
winning rate in the Rose Parade industry. Fiesta has built TWELVE consecutive Sweepstakes Trophy
winners in the Rose Parade including FTD I Florists' Transworld Delivery float entries in 2004, 1996 and
1994, Rain Bird Sprinkler entries in 2005, 2003, 2002, 2001, 1999 and 1998, Target Stores in 2000,
California State PTA in 1997, and the 1995 Countrywide Home Loans float.
Fiesta Parade Floats reputation with the Tournament of Roses as a dependable float builder is highly
respected. Fiesta Parade Floats is considered the leader in both floral technology and floral application
throughout the float and floral industries. Fiesta surpasses all other builders in the field of computerized
and hydraulic animation.
In addition to parade floats, Fiesta also builds custom props for television commercials, feature films,
exhibits and theme parks. Major exhibits include: Sunset Magazine Spring Garden Show, Crystal Court
South Coast Plaza, American Institute of Floral Design National Symposium, Feature Exhibits and the
Flower I Garden Pavilion at the Los Angeles County Fair, Bellagio and Mandalay Bay in Las Vegas,
Innovations, Disneyland's newest attraction in Tomorrowland and Venus Fort Shopping Mall in Tokyo,
Japan.
Tim Estes CFEE (Certified Festival & Event Executive), President of Fiesta Parade Floats, is a well -known
name in the float building industry. With over 30 years experience building floats, Tim has assembled an
extremely qualified and talented team in all areas of construction, design, engineering, animation,
sculpturing and decoration. Tim designs the structural engineering of Fiesta's floats and oversees the
development and implementation throughout the construction and sophisticated animation stages.
Tim has overseen the construction of over 400 Rose Parade floats and countless number of floats in
parades throughout the United States and Canada, including Fiesta's annual participation in the Hollywood
Christmas Parade.
Jim Hynd AIFD, Vice President and Floral Director of Fiesta Parade Floats, is one of the keys to Fiesta's
great success for over 35 years. In addition to determining the selection and use of floral materials, Jim
coordinates the construction and art departments with his artistic interpretation of the float designs. His
creative work has appeared on more prize - winning floats than any other floral designer in the history of the
Tournament of Roses Parade. He is greatly respected for his innovative contributions in float decoration
and decoration materials.
Jim is a charter member of the American Institute of Floral Design (AIFD) and the recipient of AIFD's 1998
Award of Distinguished Service to the Floral Industry. His design work is known throughout the world as
he has won numerous world class floral design competitions held in the United States, Europe and Asia.
He is a frequent guest speaker and judge at major floral seminars, exhibits and competitions.
Beverly Stansbury, Project Manager of Fiesta Parade Floats, is a second - generation float builder. She
has been involved in the float industry and the Tournament of Roses Parade for over thirty years. Beverly's
management positions have included that of art director, floral director, and decoration coordinator.
Beverly is responsible for securing and the scheduling of our decoration crews. She acts as liaison
between our clients and the Tournament of Roses Association and works directly with our flower brokers in
ordering and purchasing all the floral materials used by Fiesta. Beverly organizes the riders, costuming and
music for our floats in addition to special events and projects throughout the year. She coordinates Fiesta's
media and press releases.
Raul Rodriguez, Designer, is known throughout the world as the "premier designer of the Tournament of
Roses Parade". Raul has worked with Fiesta for over 30 years and his exceptional talent in creating
beautiful float concepts continues to evolve to a higher level in design work due to his many years of
experience, not only in the parade industry, but also in numerous related areas of art design. This includes
marquee display in Las Vegas, Reno and Laughlin, Nevada. Raul's talents have been used in creating
displays for Harley Davidson International, wine labels and restaurant interiors.
Under Jim Hynd's floral direction and the artistic interpretation by the talented crew at Fiesta Parade
Floats, the floats designed by Raul and created by Fiesta Parade Floats have won the most awards in the
Rose Parade.
This combined team has won well over 250 awards in the Pasadena Tournament of Roses Parade with
twenty Sweepstakes Awards, including the past eleven years in a row! Fiesta Parade Floats has the
highest prize- winning rate in the float industry in the last 14 years. This is an extremely important fact since
a prize- winning float can receive 2 to 3 times the amount of media coverage over non -prize winning floats.
■ Fiesta Parade Floats has won a higher percentage of awards in the last 15 consecutive years than
any other float builder in the Rose Parade and this in itself generates additional media exposure
for all of our clients. In the past 15 years Fiesta has averaged over a 67 percent prize winning
rate, the highest in the float industry.
■ Fiesta Parade Floats has built and decorated twelve consecutive Rose Parade Sweepstakes
Trophy winners - -- 2005, 2004, 2003, 2002, 2001, 2000, 1999, 1998, 1997, 1996, 1995 and 1994.
■ Fiesta Parade Floats reputation with the Tournament of Roses Association as a dependable float
builder is highly respected.
■ The tradition of the Rose Parade and Fiesta's continued presentation of the most floral entries in
the parade are synonymous. Floral use and presentation are the highest weighted criterion for all
categories of judging and excellence of floral display is the hallmark of Fiesta Parade Floats.
■ Fiesta Parade Floats is comprised of the most qualified team in the float industry in all areas of
construction, design, engineering, animation, sculpturing, decoration and floral technology.
■ Each and every float constructed and decorated by Fiesta Parade Floats has been completed prior
to judging on December 31. This is per the rules of the Tournament of Roses Association. Fiesta
Parade Floats is the only builder who has accomplished this every year for the past sixteen years.
■ Fiesta Parade Floats is considered to be the foremost leader in floral application and animation
technology.
■ A full staff of internationally prestigious AIFD (American Institute of Floral Designers) floral
designers is assigned to each float and works under the direction of Jim Hynd AIFD, Vice
President and Floral Director of Fiesta Parade Floats. In fact, Jim has been Floral Director for more
prize winning floats than any other Floral Director in the entire history of the Rose Parade.
■ One of Fiesta Parade Floats main goals is to work together with each and every client and to help
them achieve their full value of their advertising dollar prior to the day of the parade.
■ Experienced Float Supervisors are assigned to each float to direct and oversee the decoration
crews. Fiesta's supervisors have an average of ten years of decoration experience and are highly
regarded for their organizational skills, creativity and craftsmanship.
■ Fiesta Parade Floats can provide the entire decoration crew, work solely with your volunteer
decoration crew, or combine the groups to augment the numbers needed to complete the float in
an artistic and timely manner.
■ Because of Fiesta Parade Floats commitment and ability to work with their clients on an individual
basis they are able to fulfill their clients' needs not only with their float entry but also in additional
areas of special interest (additional parade and game tickets) and events (special previews and
parties).
A fktvimerr�- S
Fiesta Parade Floats is the leading award winning float - builder in the Tournament of Roses
Parade with an impressive 67 percent prize winning rate averaged over the past fifteen years, the
highest award winning rate in the Rose Parade industry. Fiesta has built TWELVE consecutive
Sweepstakes Trophy winners in the Rose Parade including FTD / Florists' Transworld Delivery
float entries in 2004, 1996 and 1994, Rain Bird Sprinkler entries in 2005, 2003, 2002, 2001,
1999 and 1998, Target Stores in 2000, California State PTA in 1997, and the 1995 Countrywide
Home Loans float.
Fiesta Parade Floats reputation with the Tournament of Roses as a dependable float builder is
highly respected. Fiesta Parade Floats is considered the leader in both floral technology and
floral application throughout the float and floral industries. Fiesta surpasses all other builders in
the field of computerized and hydraulic animation.
In addition to parade floats, Fiesta also builds custom props for television commercials, feature
films, exhibits and theme parks. Major exhibits include: Sunset Magazine Spring Garden Show,
Crystal Court South Coast Plaza, American Institute of Floral Design National Symposium,
Feature Exhibits and the Flower / Garden Pavilion at the Los Angeles County Fair, Bellagio and
Mandalay Bay in Las Vegas, Innovations, Disneyland's newest attraction in Tomorrowland and
Venus Fort Shopping Mall in Tokyo, Japan.
Tim Estes CFEE (Certified Festival & Event Executive), President of Fiesta Parade Floats, is a
well -known name in the float building industry. With over 30 years experience building floats,
Tim has assembled an extremely qualified and talented team in all areas of construction, design,
engineering, animation, sculpturing and decoration. Tim designs the structural engineering of
Fiesta's floats and oversees the development and implementation throughout the construction and
sophisticated animation stages.
Tim has overseen the construction of over 400 Rose Parade floats and countless number of floats
in parades throughout the United States and Canada, including Fiesta's annual participation in
the Hollywood Christmas Parade.
Jim Hynd AIFD, Vice President and Floral Director of Fiesta Parade Floats, is one of the keys
to Fiesta's great success for over 35 years. In addition to determining the selection and use of
floral materials, Jim coordinates the construction and art: departments with his artistic
interpretation of the float designs. His creative work has appeared on more prize- winning floats
than any other floral designer in the history of the Tournament of Roses Parade. He is greatly
respected for his innovative contributions in float decoration and decoration materials.
Jim is a charter member of the American Institute of Floral Design (AIFD) and the recipient of
AIFD's 1998 Award of Distinguished Service to the Floral Industry. His design work is known
throughout the world as he has won numerous world class floral design competitions held in the
United States, Europe and Asia. He is a frequent guest speaker and judge at major floral
seminars, exhibits and competitions.
Beverly Stansbury, Project Manager of Fiesta Parade Floats, is a second - generation float
builder. She has been involved in the float industry and the Tournament of Roses Parade for over
thirty years. Beverly's management positions have included that of art director, floral director,
and decoration coordinator.
Beverly is responsible for securing and the scheduling of our decoration crews. She acts as
liaison between our clients and the Tournament of Roses Association and works directly with our
flower brokers in ordering and purchasing all the floral materials used by Fiesta. Beverly
organizes the riders, costuming and music for our floats in addition to special events and projects
throughout the year. She coordinates Fiesta's media and press releases.
Raul Rodriguez, Designer, is known throughout the world as the "premier designer of the
Tournament of Roses Parade ". Raul has worked with Fiesta for over 30 years and his exceptional
talent in creating beautiful float concepts continues to evolve to a higher level in design work due
to his many years of experience, not only in the parade industry, but also in numerous related
areas of art design. This includes marquee display in Las Vegas, Reno and Laughlin, Nevada.
Raul's talents have been used in creating displays for Harley Davidson International, wine labels
and restaurant interiors.
Under Jim Hynd's floral direction and the artistic interpretation by the talented crew at Fiesta
Parade Floats, the floats designed by Raul and created by Fiesta Parade Floats have won the most
awards in the Rose Parade.
This combined team has won well over 250 awards in the Pasadena Tournament of Roses Parade
with twenty Sweepstakes Awards, including the past eleven years in a row! Fiesta Parade Floats
has the highest prize- winning rate in the float industry in the last 14 years. This is an extremely
important fact since a prize- winning float can receive 2 to 3 times the amount of media coverage
over non -prize winning floats.
■ Fiesta Parade Floats has won a higher percentage of awards in the last 15 consecutive years than
any other float builder in the Rose Parade and this in itself generates additional media exposure for
all of our clients. In the past 15 years Fiesta has averaged over a 67 percent prize winning rate, the
highest in the float industry.
■ Fiesta Parade Floats has built and decorated twelve consecutive Rose Parade Sweepstakes Trophy
winners - -- 2005, 2004, 2003, 2002, 2001, 2000, 1999, 1998, 1997, 1996, 1995 and 1994.
■ Fiesta Parade Floats reputation with the Tournament of Roses Association as a dependable float
builder is highly respected.
■ The tradition of the Rose Parade and Fiesta's continued presentation of the most floral entries in
the parade are synonymous. Floral use and presentation are the highest weighted criterion for all
categories of judging and excellence of floral display is the hallmark of Fiesta Parade Floats.
■ Fiesta Parade Floats is comprised of the most qualified team in the float industry in all areas of
construction, design, engineering, animation, sculpturing, decoration and floral technology.
■ Each and every float constructed and decorated by Fiesta Parade Floats has been completed prior
to judging on December 31. This is per the rules of the Tournament of Roses Association. Fiesta
Parade Floats is the o& builder who has accomplished this every year for the past sixteen years.
■ Fiesta Parade Floats is considered to be the foremost leader in floral application and animation
technology.
■ A full staff of internationally prestigious AIFD (American Institute of Floral Designers) floral
designers is assigned to each float and works under the direction of Jim Hynd AIFD, Vice
President and Floral Director of Fiesta Parade Floats. In fact, Jim has been Floral Director for
more prize winning floats than any other Floral Director in the entire history of the Rose Parade.
■ One of Fiesta Parade Floats main goals is to work together with each and every client and to help
them achieve their full value of their advertising dollar prior to the day of the parade.
■ Experienced Float Supervisors are assigned to each float to direct and oversee the decoration
crews. Fiesta's supervisors have an average of ten years of decoration experience and are highly
regarded for their organizational skills, creativity and craftsmanship.
■ Fiesta Parade Floats can provide the entire decoration crew, work solely with your volunteer
decoration crew, or combine the groups to augment the numbers needed to complete the float in an
artistic and timely manner.
■ Because of Fiesta Parade Floats commitment and ability to work with their clients on an individual
basis they are able to fulfill their clients' needs not only with their float entry but also in additional
areas of special interest (additional parade and game tickets) and events (special previews and
parties).
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