Loading...
HomeMy WebLinkAboutCAG2008-0673 - Original - Donovan Entertainment, Inc. - Spotlight Series: "Sister's Christmas Catechism" - 05/06/2008 Records Manage* ment KENON Document WAS HIN GTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact City Clerks Office. Vendor Name: Dot%OVa n E-K4eX-�ai n-n CD - Vendor Number: JD Edwards Number Contract Number: FKog 2--7-7 This is assigned by Deputy City Clerk Description: OK%a pv-blfc Oex h y m a.nc& Detail: 7:30 gym- 9 .3a i2m : '. Dec . 12, 2QQg • km4w=4 -H S Project Name: Kerf ft Ls CoYYImi5Slods �c flot'l(a k-I- se' es- Contract Effective Date: 5 ' �� OS Termination Date: ) 2 3+0g Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ronda- Bi 1 abet _Department: �Q,r ks Abstract: s:Public\RecordsManagemenl\Forms\conlroclCover\ADCL7832 07/02 • KENT WASH NCITO N CONTRACTOR SERVICES AGREEMENT blAb between the City of Kent and 0106 Donovan Entertainment, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Donovan Entertainment, Inc., located and doing business at 1561 Labaig Avenue, Hollywood, CA 90028, (323)817-7000 (hereinafter the"Contractor'). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: Description: City will present one public performance of Contractor's touring production of Sister's Christmas Catechism as part of the Kent Arts Commission's"Spotlight Series." Start Time/Duration/Stop Time: 7:30 p.m. /approximately two hours, including 15 minute intermission/9:30 p.m. Day, Date,Year: Friday, December 12, 2008 Event Location: Kentwood High School Performing Arts Center, 25800 164th Ave. SE, Covington Merchandising: Contractor shall have the sole and exclusive right, but not the obligation, to sell merchandise directly pertaining to and/or bearing the likeness of Artist, inclusive of compact discs, at the performance. Contractor must provide all sales staff and will retain 100%of sales revenue. Lodging: City will provide two (2) single hotel rooms on the night of Friday, December 12, 2008. Travel: City will cover half of the cost of one round-trip airfare for artist(not to exceed $400). Hospitality: City will provide a meal and refreshments as specified in the attached rider.* Billing: Sister's Christmas Catechism: The Mystery of the Magi's Gold. Contractor to receive 100% sole headline billing in all advertising, with exception of season brochure. Sponsorship: City reserves the right to obtain corporate sponsor(s)for Contractor's performance. Exclusivity: Sister's Christmas Catechism is restricted from performing within 20 miles for a period of one month before or after this engagement in a professional venue, not including Kirkland Performance Center performances on 12/13/08. House seats: City will hold ten (10) complimentary house seats for Contractor, to be released 24 hours prior to curtain if not notified by Contractor. Other: City will provide a local choir(of at least four members)and a director as detailed in the attached rider to perform as part of the production. *The attached riders are part of this agreement. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. II. COMPENSATION. The City shall pay Contractor a 50/50 split of Net Adjusted Gross Box Office Receipts (the "NAGBOR") as defined in Rider A, Paragraph 2 without any deductions, charges or withholdings of any kind for the work to be performed under this Agreement. The City shall also pay Contractor a Royalty of ten ,percent (10%) of NAGBOR. Payment will be made by City of Kent check to Donovan Entertainment, Inc. (1561 Labaig Ave., Hollywood, CA 90028, Federal Tax ID# 20-0294746) upon satisfactory completion of all services and requirements specified in this Agreement. The payment shall be due within 7 business days after the completion of the performance. III. PRESS MATERIALS. Contractor agrees to provide to the City where appropriate, at his or her own expense, complete press materials, including hard copy or high resolution electronic photographs, biographic descriptions, and program materials, not less than six (6) weeks prior to the initial event date for the City's use in CONTRACTOR SERVICES AGREEMENT- I (Under$10,000—Sole Performer) promoting the event. All publicity and promotional materials regarding the event released to the media or public by the Contractor shall credit the City of Kent for its support of the event or project. IV. PERFORMANCE SPACE. The City agrees to furnish, at its sole cost and expense, a place of performance on the date(s) and at the time(s) contained in Section I. The City shall also provide ushers, a house manager, and box office staff and any additional services and personnel as required by the City, for the efficient operation of the engagement. Other arrangements will be the responsibility of the City and Contractor as follows below: Venue: City will provide proscenium theater: Kentwood High School Performing Arts Center. Sound: City will provide sound system according to Contractor's technical rider.* Lights: City will provide lighting according to Contractor's technical rider.* Dressing Rooms: City will provide dressing room facilities according to Contractor's rider.* Technical Staff: City will provide sound and lighting technicians, and theater manager familiar with facility. Contractor will provide any other technical staff, including a road manager or technical director, necessary for the performance. *The attached riders are part of this agreement. V. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested primarily only in the results obtained under this Agreement and compliance with its terms and conditions. VI. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. VII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence, including assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction delivered in accordance with this Agreement constitutes an infringement of any copyright, patent trademark, trade name, or otherwise results in unfair trade practices. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. Vill. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. IX. TERMINATION AND BREACH. Either party may terminate this Agreement, with or without cause, upon providing the other party ninety (90) days written notice at its address set forth on the signature block of this Agreement. All costs incurred by the City due to Contractor's failure to comply with the terms and conditions of this Agreement shall be the responsibility of the Contractor. The City may deduct its costs from any payments due to the Contractor or pro-rate the Agreement amount based upon the actual time of Contractor's performance compared to the contracted performance schedule X. IMPOSSIBILITY OF PERFORMANCE. Neither party shall be under liability for failure to perform in the event that such failure is caused by or due to acts or regulations of public authorities, civil tumult, strike, epidemic or any other cause beyond the control of either party. In the event of a failure to perform as provided in this section, neither party shall be liable for the balance of the Agreement. XI. MISCELLANEOUS PROVISIONS. A. Discrimination. In the performance of work under this Agreement or any sub-contract, the Contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person. B. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its Contractors to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. C. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more CONTRACTOR SERVICES AGREEMENT-2 (Under$10,000—Sole Performer) instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. D. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. E. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. F. Assignment. Any assignment of this Agreement by either party without the written consent of the non- assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. G. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. H. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. I. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or arising out of the performance of this Agreement. IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date entered below. CONT O CITY OF KENT: By. By: OL &M //,,�,, (signature) / (signa ur Print Name��/a4A)e-_0—L / Print Name: Lori Hogan Its T- Its: Superintendent, Recreation and Cultural Services, (Title) Parks, Recreation and Community Services DATE: (Title) DATE: IDS. NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Donovan Entertainment, Inc. Ronda Billerbeck, Cultural Programs Manager 1561 Labaig Ave. City of Kent Hollywood. CA 90028 220 Fourth Avenue South Attn: Catherine Evans Kent,WA 98032 323-817-7000 (telephone) 323-817-7777 (facsimile) (253) 856-5050(telephone) (253) 856-6050(facsimile) PGIWIFaRMSUCONTRACTU(enWetCmrtr�mFWALSCunauUaMServlCeaAgreamenteNar�CatNaCbPertumtBrSmaAAa CONTRACTOR SERVICES AGREEMENT-3 (Under$10,000-Sole Performer) EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract. CONTRACTOR SERVICES AGREEMENT-4 (Under$10,000—Sole Performer) RIDER A,ADDITIONAL TERMS Sister's Christmas Catechism Presenter and Producer mutually agree as follows: l. Producer Responsibilities Producer will pay for and/or provide the following: A fully rehearsed and directed Production, costume assistant, and costumes. All salaries,fees and per diem expenses of Producer's employees. All royalties and fees payable to Producer's creative staff and to the owners and authors of the performing rights of the Production. Items for audience gifts will be supplied to the Presenter. The Presenter is responsible for distributing the gifts to the audience members. 2. Box Office Receipts/Deductions/Surcharge For the purposes of this agreement,the term Net Adjusted Gross Box Office Receipts ("NAGBOR") shall be defined as all box office and other receipts derived from the sale of tickets to the Performances herein from all sources, received by Presenter or anyone in its employ, less only admission taxes, if any, and any discounts,fees or ticketing commissions. 3. Facility Requirements All the expenses of complying with the provisions set forth in this Section 3 shall be at Presenter's sole cost and expense. Presenter shall furnish, for each performance of the Production and for daytime rehearsal prior to each performance if requested by Producer,the Theatre, clean, electrified, fully staffed,properly licensed and with such heat and/or air- "� conditioning as is required for comfort, for the exclusive and sole use of Sd SAIA&CYkAS Producer for the Term of Agreement. Presenter represents and warrants that Presenter is at the present time, or will be prior to the Term of this Agreement, �Se►��- the owner or operator of, or has, or will have, a valid lease upon the Theatre. Presenter shall furnish comfortable,properly heated and air-conditioned, CA,, � 7 ventilated, clean and well-lighted dressing rooms, chairs, hot and cold running water,hand and bath towels,hanging facilities for costumes,and toilet and lavatory facilities in good condition and in accordance with appropriate governmental laws, licenses and regulations. 4. Presenter Responsibilities Presenter responsible for encouraging camera usage during the show,please highlight in all promotions. Presenter shall provide 1 round trip airfares not 1b exceed a total of$400 and 1 night hotel lodging on December 12,2008, consisting of two single rooms. All the expenses of complying with the provisions set forth in this Section 4 shall be at Presenter's sole cost and expense. Presenter shall bear all local preliminary and weekly operating and administrative costs of the Presenter and the Theatre for the presentation of the Production, including all box office expenses (including personnel, supplies and tickets), Presenter staff, Theatre cleaning and customary repairs and maintenance, electrical pre-hang, clearing or stripping of all scenery,drops, drapes, lighting equipment or any other equipment as required by the Technical Rider, and preparation of the stage, fly system, sound system,electrical system, auditorium and dressing rooms as required by Producer to properly present the show. Presenter shall furnish and pay salaries (plus applicable taxes and fringe benefits) for all necessary local personnel which may be required by Producer during the Term of this Agreement,including stagehands,housemen, spot light operators, stage carpenters, electricians, sound technicians,cleaning and maintenance, security, front of house staff,wardrobe attendants, any musicians or walkers who are required to be hired pursuant to local musicians union rules or regulations, and any other local labor which Producer deems necessary in order to properly present the show. Presenter shall bear all costs of load-in and load-out, including salaries of local stagehands and teamsters (plus applicable taxes and fringe benefits), and any equipment rentals as required by Producer, any necessary restoration of the Theatre and any catering required by applicable rules and regulations. Presenter shall bear all costs related to work calls, any technical rehearsals prior to the first performance of the engagement as required by Producer or set forth in the Technical Rider(including technical and stage, sound and lighting checks and/or rehearsals), and Performances of the Production(including sound and lighting checks and any necessary pre-sets prior to the opening of the house). Presenter shall engage, and be responsible for any compensation to,a fully- rehearsed choir to perform for each show. In addition,Presenter shall be prepared to provide one or more individuals(e.g.,ushers)to assist with passing out Christmas gifts to the audience as they depart. Presenter shall meet, fulfill and comply with all of the requirements and conditions set forth in the Technical Rider, and shall comply promptly with directions of Producer or Producer's representative regarding Production requirements for the Performances hereunder. Presenter shall comply with all regulations and requirements of any unions having jurisdiction over the Performance hereunder and all personnel provided by Theatre or Presenter shall be members in good standing of any unions having jurisdiction. Presenter shall bear all costs of any additional local labor that may be required by any local union within whose jurisdiction the engagement provided herein is played. Further, if the agreed-upon performance schedule creates any claim for extra payments to the personnel provided hereunder, Presenter shall be solely responsible for such payments. All local personnel shall be subject to Producer's supervision during the Term of this Agreement and shall comply with technical and Production requirements as specified by Producer but who shall in no event be deemed employees of Producer. Presenter agrees to provide or arrange for Theatre to provide a printed program to distribute free to each and every member of the audience for all Performances hereunder. Producer shall provide copy for the program, and Presenter agrees Wit"Dvv that the printed program will conform exactly to said copy. resenter agrees to t indemnify and hold harmless Producer from any costs, damages and/or expenses S ua from breach of this paragraph. 5, In the event Presenter fails to fulfill or comply with any of the provisions of t hU Section 3, Section 4, or the Technical rider, or if Presenter fails to provide the C, personnel required by the Producer,then Producer shall have the right to undertake such unfulfilled responsibilities at the Presenter's sole expense and/or may engage at the Presenter's sole expense any additional required personnel at P21'� U ITT reasonable and customary rates. 5. Box Office, Ticket Sales, Company Seats and Accounting Presenter shall keep and maintain detailed,accurate books and records corresponding to the sale of all tickets and gross receipts hereunder. Presenter shall provide Producer with full and complete box office reports accompan n the royalty payment due withinf of the close of the engagement. 6. Advertising and Promotion All the expenses of complying with the provisions set forth in this Section 6 shall be at Presenter's sole cost and expense,unless specifically noted. The form and manner of billing and credits in all advertising,programs and publicity shall be determined by Producer, and Presenter shall fully comply with said determination. In the event Presenter alters, omits, or does not print any of the billing,program copy or other copy as provided by Producer,Presenter shall be liable for any penalty or liability imposed upon Producer by all third parties. Producer shall provide Presenter with sample art necessary to advertise and market the show,including poster and postcard,photos, and program copy. Presenter agrees to use only those advertising and promotional materials furnished by Producer. Such materials shall be used only for the purpose of advertising the Production. Producer shall have the right to approve the contents of all advertising and publicity materials. No alterations,changes,additions to or deletions from advertising or publicity materials, except for local theatre information,may be made without the prior written consent of Producer. Presenter agrees to include Producer's web site address(www.furmynun.com)in the program. Presenter agrees to indemnify Producer by reason of Presenter's breach of the provisions of this paragraph. All advertising and promotions should encourage patrons to bring cameras to take photographs during the show. Press requests for appearances and interviews of any member of the company must be approved by Producer, or Producer's representative,and any payments including local transportation required for said appearances shall be paid by Presenter. Presenter agrees it will not permit any rehearsal or performance to be recorded, filmed,broadcast,televised or transmitted beyond the Theatre without the prior written consent of Producer. 7. Insurance and Indemnification Presenter agrees to purchase and maintain: policies of worker's compensation and employer's liability insurance as required by law or union contract for all persons employed by Presenter and/or at the Theatre; commercial general liability insurance and commercial umbrella insurance with a combined single limit of no less than One Million Dollars($1,000,000.00) and naming Producer as an Additional Insured. Certificates of Insurance evidencing compliance with all insurance provisions in this Agreement shall be delivered to Producer upon request. Presenter agrees to indemnify and hold harmless Producer from and against all liability claims for bodily injury or property damage in connection with or in relation to any actions, claims, or demands by third parties, solely based upon any acts, defaults,or neglects of Producer and/or its employees and/or independent contractors. 8. Impossibility of Performance In the event any members of the Production cannot perform because of ill health,physical disability, or other circumstances not reasonably within their control, Producer shall use its best efforts to furnish a substitute for such member(s) and Producer shall not be liable for the failure of such member(s)to perform nor shall Presenter be relieved of any of its obligations herein,provided the performance is given in its entirety. In the event that any performance of the Production shall be prevented by an act of God, fire,national or local calamity,physical disability or death of any of the personnel forming part of or used in connection with the Production, acts or regulations of public authorities or labor unions, labor difficulties, strike, war, epidemic,or any other cause that renders such performance impossible, Producer and Presenter shall be relieved of the respective obligations hereunder with respect to the performance(s) so prevented and neither Producer nor Presenter shall be under any obligation to present such performance(s)at any other time. In the event Presenter and Producer jointly decide to close the Theatre due to fire,national or local calamity or any similar act of God,neither party shall have any financial claim on the other resulting from losses during the period of closing. If,however,the Theatre is closed due to the negligence or other fault of Presenter,then Presenter shall not be excused from the payments required under the terms of this contract,as though all of the performances provided for herein had been given. 9. Remedies If Presenter materially breaches or defaults in the performance of any of its warranties or representations hereunder(a"Default"),then Producer shall have the right to terminate this Agreement and its obligations hereunder. Presenter agrees that in the event of a Default, any and all sums still payable to Producer will become immediately due and payable, and such sums,together with any sums already paid to Producer, shall be retained by Producer as liquidated damages. Producer shall have, in addition to and not in lieu of those remedies set forth above,the right in the event of a Default to exercise all of its rights and remedies against Presenter at law, singly or cumulatively, at Producer's sole discretion. 10. Terms of Agreement This is a license agreement only and nothing contained herein shall be deemed to create or constitute a joint venture,partnership,or trust relationship between Presenter and Producer. This Agreement, including all attached riders, contains the entire understanding of the parties and supersedes all prior agreements, may only be amended or modified in writing,and shall be construed, governed and interpreted pursuant to the laws of the State of California applicable to agreements to be performed therein. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective representatives,heirs, executors, administrators, successors,and permitted assigns. All notices to Presenter and Producer shall be in writing addressed to their respective addresses set forth herein. 11. Arbitration Any claims, dispute, or controversy arising out of or relating to this Agreement shall be submitted to final and binding arbitration in the State of California before one arbitrator pursuant to the rules of the American Arbitration Association. Judgment on any award rendered by the arbitrator may be entered in any court, state or federal,having jurisdiction,the prevailing party to the arbitration being entitled to all costs including reasonable attorney's fees. By signing below,the parties agree to the terms of this Rider A. DONOUAN TERTAINMENT, INC. CITY OF KENT ARTS COMMISSION By y Maripat Do van Ronda Billerbeck Date Date TECHNICAL RIDER Sister's Christmas Catechism The Production runs approximately two hours,including intermission. As the audience is expected to interact with the onstage actress, special attention must be paid to audience safety, including clearing the aisles of all cable and extraneous hazards. The show travels with a company of two -the actress and the stage manager/costume assistant. IMPORTANT: The by-laws governing different labor unions across the country vary greatly. These variables are solely the responsibility of the Presenter. Minimum labor requirements are as follows: Load-In Show-Call Load-Out .Q^ House Carpenters 0 0 0 ( -(, S � 1 Sound/Lighting Person 2 2* 2 1 Ol.p slta C� Properties 0 0 0 `�•�L Wardrobe 0 0 0 �b-yco *One follows of operator will be needed if the house cannot supply adequate u P p pP Y eq a�- illumination for the Actress when she leaves the stage and enters the audience. Minimum Local Labor Requirements THIS PRODUCTION IS A NON-YELLOW CARD ATTRACTION. All arrangements regarding labor calls and/or needs are the responsibility of the Presenter. The labor calls shall be based on the premise that able-bodied stagehands,who have an expertise in specific departments, can and will assist in all areas as the need arises. However, it is customary for Sister's Christmas Catechism that minimal stagehands are needed. In the event that any local stagehands fail to appear or are late for any load-in, show- call, or load-out, or any other services required by the Producer,the Presenter shall be responsible for any and all costs incurred by reason of such lateness or failure to appear, including the costs incurred in paying replacements for such local stagehands or to supplement their services in order that load-in, show-call, load-out or similar services may be performed in a timely manner. Stage Requirements Minimum Opening: 22' wide Minimum Stage Depth: 12' plaster line to back wall No minimum flying or offstage clearance necessary. Full stage black drop required. NOTE: Audience access from stage platform is essential to SL and SR,and is recommended from DC. Set/Properties The Presenter must provide an acting area as specified in the minimum stage requirements. Two Artificial(6-8 foot) Christmas Trees. Trees should be strung with non-blinking lights and decorated and positioned SL and SR against the back wall. The Producer shall provide the following props: A professional set with props, and a Light-up Outdoor Nativity Set. Pieces will range in height from 14"to 36"and will include, Mary, Joseph and the Infant Jesus in a Manger. Costumes for the living nativity. Prizes and Gifts. Prizes to be given away during the Performance will be placed by the Producer's representative on the desk and gifts for all audience members will be given to the Presenter for distribution by the Presenter's representative(s)to the audience as they exit. Choir The Presenter shall arrange to have members of a local choir available at each of the Performances to perform prior to Sister's entrance and during the First and Second Acts. In the case of multiple performances, a different choir may be selected for each performance. A Music Director,hired by the Presenter, shall be responsible for rehearsing with the choir prior to the date of the Production. If necessary to accommodate the audience's full view of the Choir, a set of two-step risers, to be provided by the Presenter,may need to be placed on the house floor, or if the proscenium opening allows, on-stage, L or R,allowing the Music Director and the Choir to be in full view of each other. The Presenter shall be responsible for providing a"holding area"for the Music Director and the Choir before and after each of their appearances. This room should be within easy access to the stage(or performance area) and should also be secured. Refer to the"Choir Instructions"which are included as part of this Technical Rider for specific directions related to rehearsals with the Stage Manager,what specific carols must be learned,when the Choir will sing, etc. Electrics The Presenter must provide adequate illumination for the acting area,with hot spots DC and at the SR desk. Aisles in the house should be illuminated during the Performances and the house lights on the audience should glow at all times and have dimming capabilities. There should be a sufficient number of electrical outlets and/or extension cords to illuminate the Christmas trees and the out-door Nativity Set. Sound/Backstage Communication The Presenter must provide a quality sound system that is capable of evenly filling the venue with both pre-recorded musical sound cues and Sister's live voice. Speakers, mixing board(at least two channels), CD player and receiver, and one lavaliere wireless body microphone with a body pack and batteries adequate for three hours of transmission are required. Neither a headset nor a handheld microphone is acceptable. The Producer will provide CDs for pre-show, intermission and post-show music. A one hour and thirty minute sound and light check will be held prior to the first Performance. The sound check will occur at least two hours prior to the opening of the house to the audience. To assure necessary quiet,the house must be cleared of all non- essential personnel during this time. Wardrobe/Dressing Room The Presenter must provide at least one private, lockable dressing room(shower optional). Dressing room must be equipped with hot and cold running water,electrical outlets, soap, paper towels, ironing board and iron, lighted mirrors,chairs, counter top and a wardrobe rack. A private bathroom must be adjacent or nearby. Load-In and Load-Out Presenter shall be responsible for load-in and load-out of set, including personnel to accomplish the load-in and load-out. Producer shall determine with Presenter the specific load-in time and date. Hospitality/Catering Bottled water must be provided before each show and during intermission at each show. Fruit juices, diet coke, coffee,tea,and a deli tray etc. would be appreciated before and during all performances. A refrigerator in the actor's dressing room would be appreciated as well. Dinner will be provided on the evening of the first performance. Miscellaneous Presenter shall insure the security of the production materials while housed in the venue during the engagement, including but not limited to: costumes in the dressing room, set pieces and props on stage. It is the responsibility of the Presenter to insure that the Producer's technical requirements are fulfilled in accordance with the specifications in this Technical Rider. Should any of the requirements or conditions of this Technical Rider not have been met, fulfilled or complied with by the Presenter at the respective times provided for and within the time limits set forth, Producer shall have the right,if Producer elects(which it is not obligated to do),to do what the Presenter shall have failed to do(including supplying any personnel Presenter has not supplied in a timely manner)in which event the Presenter shall reimburse the Producer for all costs directly or indirectly incurred by the Producer by reason thereof. Payment therefore shall be made by the Presenter promptly after the submission of a bill by Producer to Presenter. In the event that the Presenter fails to comply with any of the material requirements or conditions of this Technical Rider or any schedule hereof,the Producer shall have the right to refuse to present the Production without relieving the Presenter of its obligation to pay all monies it would have been required to pay had the Production been presented as scheduled. By signing below,the parties agree to the terms of this Technical Rider. DONZ-1oat ;anL RNT, INC. CITY OF KENT ARTS COMMISSION By By Ronda Billerbeck - -3 - 0� Date Date t CHOIR INSTRUCTIONS The Choir and Choir Leader must arrive 90 minutes before the show is scheduled to begin for a rehearsal with the Stage Manager. Pre-Show/Act I Before the show, the choir will sing 10 minutes of"lively" Christmas songs/carols of their choice (any version and any number of verses may be selected). Medleys, unison or simple harmonies are fine. During this portion of the show, the Choir Leader should encourage the audience to sing along. The last song to be sung in this group is Jingle Bells. The Stage Manager will cue the Choir Leader when the Choir should begin singing Jingle Bells. Generally Jingle Bells will be started at"show time" or soon thereafter. The Choir will begin singing the first verse of Jingle Bells at the opening of the show and will be interrupted by Sister who will insist that the Choir add "Baby Jesus" to the song. She will then instruct the Choir to sing the refrain of Jingle Bells with "Baby Jesus" included in the sleigh. ("Jingle Bells, Jingle Bells, Jingle all the way, O what fun it is to ride with Baby Jesus in the sleigh, Hey.!Jingle Bells, Jingle Bells, Jingle all the way, O what fun it is to ride with Baby Jesus in the sleigh.') Sister will then instruct the Choir to exit. The Choir should step lively and quietly as they exit. Act II Sister will put costumes on all the members of the Nativity. When she gets to Joseph, who is the last person, the Choir should prepare to take the stage. When Sister says, "That's our cast. Let's bring back the Choir,"the Choir will file and position themselves on the stage. The Choir will sing four(4) songs to accompany Sister's reading of the nativity story from the "Mary Book." The Choir will sing just the first verse of each song and must sing each song at a lively pace. CHOIR INSTRUCTIONS PAGE TWO Sister will cue the Choir Leader when to begin each song. The following are the carols of which only the first verse will be sung. Attached to these instructions are the pages from the "Mary Book"with the lines directly preceding each carol highlighted. O Little Town of Bethlehem Angels We Have Heard On High Away in A Manger We Three Kings of Orient Are Sister Will ask the Choir to sing two lines from The Little Drummer Boy, beginning, "Come they told me, Pa Rum Pa Pa Pum;A new born King to see, Pa Rum Pa Pa Pum.) Sister will interrupt this song to solve the Christmas mystery. End of Show Sister will thank the Choir and Choir Leader and then ask the Choir and the Audience to join in singing a chorus of Jingle Bells remembering to put the Baby Jesus in the sleigh. "Jingle Bells, Jingle Bells, Jingle all the way, O what fun it is to ride with Baby Jesus in the sleigh. Jingle Bells, Jingle Bells, Jingle all the way, O what fun it is to ride with Baby Jesus in the sleigh." Note: Musical instruments such as bells, tambourines, etc. are welcome.