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HomeMy WebLinkAboutCAG2024-100 - Original - Ann Hampton Callaway, Inc. c/o Steele Management - Spotlight Series: "Ann Hampton Callaway Sings the 70's" - 09/19/2024 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form Dir. Assist: • For Approvals,Signatures and Records Management KEN T This form combines&replaces the Request for Mayor's Signature and Contract Cover W ASH IN GTON Sheet forms. Dir/Dep Dir• Originator: Department: Ronda Billerbeck Parks, Recreation & Community Services Date Sent: Date Required: > 03/01/2024 ASAP 0 Q Authorized to Sign: Date of Council Approval: QWIDirector or Designee N/A Budqet Account Number: Grant? Yes©No 10006222.64190.4310 Budget?W]YesD No Type: N/A Vendor Name: Category: Ann Hampton Callaway Inc. Contract Vendor Number: Sub-Category: c 2548108 Original 0 2024-2025 Spotlight Series - Ann Hampton Callaway Project Name: p Y 1.1. Project Details:Ann Hampton Callaway will perform "Ann Hampton Callaway Sings The 0 70's" in duo format as part of Spotlight Series on Friday, September 20, *, 2024. c a W Agreement Amount: $8,000.00 Basis for Selection of Contractor: Other *Memo to Mayor must be attached Start Date: 09/20/2024 Termination Date: 09/20/2024 Q Local Business 10 Yes W1No* If meets requirements per KCC3.70.100,pleosecomplete"VendorPurchose-Local Exceptions"form onCityspace. Business License Verification:YesEl In-Process W]Exempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: F—]YeswINo CAG 2024-100 Comments: 3 GJ y •� i GJ 3 M C N Date Routed to the City Clerk's Office: 3/7/24 ad,V�7i__C Visit Documents.KentWA.govto obtain copies of all agreements rev.20210513 40le KENT PERFORMANCE AGREEMENT WASH I NGTO N between the City of Kent and Ann Hampton Callaway, Inc. c/o Steele Management THIS PERFORMANCE AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Ann Hampton Callaway, Inc. (the "Contractor"), organized under the laws of the State of Arizona, located and doing business at 4905 N. Calle Agnosta, Tuscon, AZ 85718. I. DELEGATED AUTHORITY. Contractor is an artist who has acquired the services of Agent to manage performance bookings. By signing this Agreement for Contractor, Agent warrants that Contractor has delegated and assigned authority to Agent to contractually bind Contractor to scheduled performances, including the performance(s) provided for herein and under the terms of this Agreement. Agent agrees to defend, indemnify, and hold the City harmless from any and all claims, damages, losses, or suits resulting from any allegation that Agent has exceeded its authority to enter into this Agreement on Contractor's behalf. II. DESCRIPTION OF WORK. Contractor shall perform the following event for the City: Description: Ann Hampton Callaway (hereinafter referred to as"Artist")will present one public performance in duo format as part of the Kent Arts Commission's"Spotlight Series." Start Time/Duration/Stop Time: 7:30 p.m. /approximately two hours, intermission TBD /9:30 p.m. Day, Date, Year: Friday, September 20, 2024 Event Location: Kent-Meridian High School Performing Arts Center, 10020 SE 256'" Street, Kent, WA 98032 Lodging: City will provide two (2) hotel rooms (one suite, on single) on the nights of Thursday, September 19 and Friday, September 20, 2024. Refreshments: City will provide refreshments and a meal on the day of the performance as specified in the rider, attached as Exhibit B. Merchandising: Artist shall have the sole and exclusive right, but not obligation, to sell souvenir posters, programs, CDs, DVDs and other merchandise directly pertaining to and/or bearing the likeness of the Artist at the performance. City will retain 15% of the receipts when Artist provides sales staff and 20% of the receipts when City provides sales staff. Billing: "Ann Hampton Callaway Sings The 70's." Artist 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 Artist's performance. Exclusivity: Artist shall not appear in general Seattle/Puget Sound market during the 2024- 2025 season (September 2024—August 2025, including King, Pierce, Snohomish, and Kitsap counties, with the exception of venues previously discussed and mutually agreed upon. House seats: City will hold ten (10) complimentary house seats for Artist, to be released 24 hours prior to curtain if not notified by Artist. *All as more specifically described in the attached Exhibit B 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. III. COMPENSATION. The City shall pay Contractor the total sum of $8,000 for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. A PERFORMANCE AGREEMENT- 1 (between City and Artist, through Artist's Agent) deposit of $1,600 will be paid, by City of Kent check, to Ann Hampton Callaway, Inc. 60 days prior to the performance date. The balance of$6,400 will be paid, by City of Kent check, to Ann Hampton Callaway, Inc., and remitted on the day of the performance. However, should restrictions imposed due to the current Coronavirus pandemic require smaller, socially distanced capacity, the parties agree the compensation due under this Agreement may be reduced upon the mutual agreement by the Contractor and City, which agreement shall be confirmed in writing, though a formal contract amendment shall not be necessary. IV. 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 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. V. 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 II. The City shall also provide ushers, 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: Kent-Meridian 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. *All as more specifically described in the attached Exhibit B VI. 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. VII. 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. Vill. 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. IX. 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. X. DISCRIMINATION. In the performance of work under this Agreement or any subcontract, the Contractor and Agent, its sub-contractors, or any person acting on behalf of the Contractor, Agent or sub-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 who is qualified and available to perform the work to which the employment relates. The Contractor or Agent shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. XI. 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. PERFORMANCE AGREEMENT- 2 (between City and Artist, through Artist's Agent) XII. IMPOSSIBILITY OF PERFORMANCE. Indoor performances may be dependent upon a facility which the City may or may not have control over. Outdoor performances are considered "rain or shine." In the event that extreme inclement weather renders and outdoor performance impossible, or an indoor facility unexpectedly becomes unavailable, the city will attempt to arrange an alternate performance space and Contractor will employ its best efforts to provide the contract work in that alternate performance space. 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 failure to perform as provided in this section, neither party shall be liable for the balance of the Agreement. XIII. MISCELLANEOUS PROVISIONS. A. 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. B. 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 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. C. 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 as provided for by this Agreement. D. 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. E. 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. F. 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. G. 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. H. 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. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. PERFORMANCE AGREEMENT- 3 (between City and Artist, through Artist's Agent) IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: Z-01-1'*gait By: Brett Steele(Marti,202422:05 EST) By:Lori Hogan(Mar ,202411:14 PST) Print Name: Brett Steele Print Name:Lori Hogan Its Manager Its: Recreation and Cultural Services Superintendent DATE: 03/06/2024 DATE: 03/06/2024 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Brett Steele, Steele Management Ronda Billerbeck for Ann Hampton Callaway, Inc. City of Kent 4905 North Calle Agnosta 220 Fourth Avenue South Tuscon, AZ 85718 Kent, WA 98032 (727)420-1547 (telephone) (253) 856-5055 (telephone) brett(a)steelemgmt.net (email) rbillerbeck@kentwa.gov (email) ATTEST: 9-14 City Clerk PERFORMANCE AGREEMENT-4 (between City and Artist, through Artist's Agent) DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); 0 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement. The statements are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement I, the prime contractor, will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 of 5 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such EEO COMPLIANCE DOCUMENTS - 2 of 5 direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non- discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination EEO COMPLIANCE DOCUMENTS - 3 of 5 includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. B�eftSt2�,e- By : Brett Steele(Mar 6,202422:05EST) — For: Ann Hampton Callaway, Inc. Title: Manager Date: 03/06/2024 EEO COMPLIANCE DOCUMENTS - 4 of 5 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 5 of 5 EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract. EXHIBIT B ANN HAMPTON CALLAWAY—Contract Rider: [Current: JANUARY 20231 Solo/Duo Ann Hampton Callaway SOLO/DUO CONTRACT RIDER Current:JANUARY 2023 (Subject to Change) RIDER TO BE ATTACHED TO AND MADE PART OF CONTRACT DATED 2/29/2024 BETWEEN ANN HAMPTON CALLAWAY,INC. CONTRACTED THROUGH,STEELE MGMT,LLC(HEREINAFTER REFERRED TO AS"ARTIST")AND City of Kent,.WA(HEREINAFTER REFERRED TO AS"PURCHASER")COVERING PERFORMANCES ON 9/20/2024. 1. Deposit/Payment Unless prior arrangements have been made: A. The agreed upon deposit shall be mailed to STEELE MGMT.LLC. upon the signing of the contract,made payable to STEELE MGMT.LLC unless otherwise stated in the contract. B. The balance of the Artist's fee, in the form of a CHECK,shall be due on the day of the performance and made payable to:ANN HAMPTON CALLAWAY,INC.Check must be given to the Artist or Artist's Representative at SOUND CHECK. 2. Billing/Other Artists The correct billing for Artist,applicable in all promotional materials shall be: ANN HAMPTON CALLAWAY The Artist will be given 100%top/star billing(see above)in any and all paid advertisements and publicity,including,but not limited to posters,fliers,programs,signs,marquees and banners.PURCHASER will notify Artist of any other artist(s)that may appear at the same engagement.The Artist reserves the right to approve any opening act.Performance of opening act may not exceed 45 minutes without written approval from the Artist's Manager. 3. Transportation& Hotel In addition to the agreed airline transportation&hotel accommodations on the face of contract, Purchaser shall provide(at no expense to ARTIST)all local transportation needs.This includes airport/hotel/sound check/performance/hotel and return to airport and any promotional events,such as radio,TV,etc. INITIALS Ile a ANN HAMPTON CALLAWAY—Contract Rider: [Current:JANUARY 2023] SolofDuo lAblli XL ev sa v The Artist shall be transported by limousine.lTransportation between venue over fifty(50)miles may A2 5 be provided by motor coach(with sleeping berths),rail,airplane or limousine subject to approval. All hotel accommodations will be in a minimum four-star hotel near the place of the performance. t-�o �-e� S Purchaser will provide One(1)Suite and One(1)Single Room for the entire length of the engagement 6 e Sk-- including rehearsal days,if any.Hotel must include free wifi and All W'o-sk i pl— hotel information should be e-mailed to brettnasteelem mg_t.net less than 90 Days Prior to the Pl&zfi. _ B y Engagement. Zv 4. Setup/Rehearsal On the first day of the performance(for multi-night engagements),the venue will be made available to SS Artist for technical setup and rehearsal at least three hours prior to the first performance. Purchaser BS will provide a house electrician,house sound technician,house spotlight operator and a minimum of one stagehand/loader/unloader at that time.One loader/unloader will also be made available to Artist during load-out following the performance.The audience will not be permitted into the performance space until setup/rehearsal has been completed. Purchaser will provide all equipment per attached Schedule A(PAGE 6)&Stage Plot(Page 7).No instruments other than those provided by/for Artist will be allowed on the stage. 5. Sound/Musical Equipment Supplied by Local Manager The attached Schedule"A"(PAGE 6)is made fully a part of this agreement. A professional sound augmentation system,capable of providing clear,undistorted evenly distributed sound throughout the audience area;microphones and monitors per attached stage plot and a professional engineer to operate said system for the full sound check and performance. Once Artist has sound-checked,equipment and levels cannot be changed or re-arranged prior to the performance.Artist Representative will work in conjunction with the house sound engineer and have final approval of house sound levels.Purchaser will provide a separate sound system for stage monitoring with a professional engineer to operate it. A total of Two(2)floor monitors and mixes are required.All lighting,sound and stage preparations must be completed prior to the arrival of Artist at the venue and not less than four(4)hours prior to doors opening.ARTIST may require 2 hours for sound check. 6. Lighting Design Purchaser to provide general stage lighting with 3 color and 3 area washed[R68,R62,R339, R22,R09,Clr]and 1 spotlight[R114,L110,R33,R60]. Ile 16 INITIALS ANN HAMPTON CALLAWAY—Contract Rider: [Current:JANUARY 2023] Solo/Duo 7. Dressing Rooms/Security/Catering Purchaser will provide Two(2)dressing rooms during Artist's entire performance. Dressing rooms shall be clean,dry,well lit,heated or air-conditioned and shall have a mirror with appropriate lighting and comfortable seating in each dressing room.The dressing room shall have a private,clean bathroom and must be suitably secured and equipped with lockable doors and shall contain the following: • (2)clean bath towels • (3)clean hand towels • iron and ironing board • individual Poland Spring small water bottles liter of low sugar organic Cranberry juice mixture • liter of salt-free club soda/seltzer • Assorted Herbal teas and hot water • Assorted fresh fruit(include berries,cantaloupe,papaya,watermelon),vegetable crudite and bran multi-grain crackers and humus preferably garlic • Protein bars, low sugar preferably chocolate/peanut butter flavored. • Hot decaffeinated coffee with Splenda and 2%milk available Coffee,preferably Starbucks,and 2%milk with sugar substitute(Truvia, Stevia or Splenda) In addition to the above,Purchaser will provide Seafood/Chicken hot meals for Three (3)people(2 artists+crew person)on each night of the engagement.NO FAST FOOD PLEASE. Mealtime shall be coordinated with Artist Manager.Meal vouchers for area restaurants will be acceptable with consent from Artist Manager Purchaser will guarantee proper security to all musicians, instruments and their personal property before,during and after the performance(s). Special attention is to be paid to the dressing room(s),stage areas and all entrances and exits.Proper security will commence upon Artist's arrival.. 8. Ancillary Sales At no expense to Artist,Purchaser agrees to supply Artist with adequate space and a sales person for the sale of recordings,photos,apparel,souvenir books,etc. at the venue.The Artist retains the sole and exclusive right to sell such material and no other such sales will be permitted at the venue without the expressed written permission of Artist. 9. Use of Artist Name/Interviews The name/likeness of Artist may not be used or associated,either directly or indirectly,with any product or service without Artist's prior written consent.Pre-tour interviews will be granted to individuals representing major print or electronic media wherever possible with prior approval of Artist Management. ANN HAMPTON CALLAWAY—Contract Rider: [Current:JANUARY 2023] Solo/Duo Artist availability for interview cannot be guaranteed. The Artist retains the right to approve or disapprove of any interviews for print or electronic media in conjunction with the performance. Day of performance interviews and/or autograph sessions will take ace only if time permits. i Purchaser agrees that it will not commit Artist to any personal appearances,interviews or any other type of promotional appearance without the prior written consent of the Artist's Manager. 10. Complimentary Tickets Upon request,Local Manager will provide Artist with Ten(10)complimentary tickets to be held at the box office under the name,Ann Hampton Callaway.Unused complimentary tickets may be released one(1)hour prior to performance. 11. Recording/Photography There will be ABSOLUTELY NO AUDIO RECORDINGS,VIDEO RECORDINGS OR RADIO BROADCASTS of the performance unless prior written permission is granted by Artist or Artist's Manager.All cassette recorders,DAT machines or other unauthorized taping equipment shall be confiscated by Local Manager and held until completion of the performance.There will be no flash photography during the performance.Non-flash photography will only be permitted with consent from Artist or Artist's Manager. If such permission is granted,the photographer must provide Artist's Manager with contact sheets and agree to provide Artist with one(1)photograph of Artist's choice gratis,to be used for publicity purposes. 12. Cancellation/Force Majeure Artist's obligation to perform hereunder shall be excused if Artist,or any of Artist's group's essential crew, is unable to perform as a result of.illness or injury;detention resulting from inability to obtain reasonable modes of transportation;riots or other civil strife;strikes or other forms of labor disputes;epidemics;an act or order of any public authority or court;any act of God;or any other cause beyond Artist's reasonable control. In such event,Artist will not be required to perform and shall return to Purchaser any deposits paid,less costs incurred by Artist and neither party shall be under any further obligation to the other. 13. Remedies In the event of any claim or controversy arising out of or relating to the Agreement or its breach,any legal proceeding shall be instituted and maintained in a court of competent jurisdiction in New York,NY,and the parties agree said court shall have personal jurisdiction over them. The Agreement shall be construed and interpreted in accordance with the laws of the State of New York. 14. Miscellaneous A. Artist has 100%control of the performance. INITIALS a ANN HAMPTON CALLAWAY—Contract Rider: [Current:JANUARY 2023] Solo/Duo B. A breach of any clause contained in this rider by Purchaser shall be deemed a material breach. If Artist elects to perform notwithstanding a breach of this agreement by Purchaser,the performance by Artist shall not constitute a waiver of any claim Artist may have for damages or otherwise. C. Purchaser shall provide Artist's Manager with ORIGINAL copies of all press releases,fliers,posters,articles and reviews pertaining to said performance. D. All terms and conditions of this rider are specifically accepted by Purchaser unless waived by Artist or Artist's Manager.Such waiver shall only be effective if initialed by Artist and/or Artist's Manager and Local Manager. We look forward to a smooth and successful engagement and would be happy to assist you in any way. If there are any problems in fulfilling any of these requirements,please call as soon as possible.DO NOT MAKE ANY CHANGES WITHOUT PERMISSION FROM ARTIST'S MANAGEMENT. Thank you for your cooperation. Contact: Brett Steele Steele Mgmt,LLC 12512 Rawhide Dr. Tampa,FL 33626 727-420-1547 AGREED AND ACCEPTED BY: Brett Steele(Mar 6,2024 22:05 EST) PRESENTER ANN HAMPTON CALLAWAY 03/06/2024 03/06/2024 DATE DATE INITIALS ANN HAMPTON CALLAWAY—Contract Rider: [Current:JANUARY 20231 Solo/Duo SCHEDULE"A" Please copy and distribute to all technical personnel. SOUND/MUSICAL EQUIPMENT SUPPLIED BY LOCAL MANAGER One(1)Appropriately Mic'd Steinway Grand Piano tuned to A440 • Wireless Handheld Vocal Mic with(1)Beta 58 Boom Stand on upstage side of piano • One(1)Wireless Handheld Vocal Mic with(1)Beta 58 Boom Stand Center Stage • One(1)Black Tall Stool i One(1)Small Table One(1)Non-folding Manhasset Music Stand w/lights(If outdoor performance,music clips are required) • Four(4)Small Towels • Three(3)Bottles of Water on Stage with a Stemmed Glass • Pad of paper and pen on piano for Ms. Callaway's improvisation INITIALS Signature• Mdl%S.SGI MGCo!'�Y7lGK Melissa McCormick(Mar7,202409:16 PST) Email: cityclerk@kentwa.gov RCU LT-030624-Ann HamptonCallaway-Spotlight Series Final Audit Report 2024-03-07 Created: 2024-03-06 By: Ronda D Billerbeck(rbillerbeck@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAOtO_A8aq_pPT1ce9_gSRWETKC4BpEOc8 "RCULT-030624-AnnHamptonCallaway-SpotlightSeries" History Document created by Ronda D Billerbeck(rbillerbeck@kentwa.gov) 2024-03-06-6:39:23 PM GMT-IP address: 146.129.252.126 P4 Document emailed to Ihogan@kentwa.gov for signature 2024-03-06-6:44:32 PM GMT Email viewed by Ihogan@kentwa.gov 2024-03-06-7:13:19 PM GMT-IP address: 104.47.65.254 Signer Ihogan@kentwa.gov entered name at signing as Lori Hogan 2024-03-06-7:14:18 PM GMT-IP address: 146.129.252.126 d Document e-signed by Lori Hogan (Ihogan@kentwa.gov) Signature Date:2024-03-06-7:14:20 PM GMT-Time Source:server-IP address: 146.129.252.126 C-► Document emailed to Brett Steele (brett@steelemgmt.net)for signature 2024-03-06-7:14:23 PM GMT Email viewed by Brett Steele (brett@steelemgmt.net) 2024-03-07-2:58:14 AM GMT-IP address: 173.169.59.189 Document e-signed by Brett Steele (brett@steelemgmt.net) Signature Date:2024-03-07-3:05:34 AM GMT-Time Source:server-IP address: 173.169.59.189 Document emailed to Kim Komoto (kkomoto@kentwa.gov)for signature 2024-03-07-3:05:36 AM GMT Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2024-03-07-4:04:48 PM GMT-IP address: 104.47.64.254 Powered by r � Adobe T Acrobat Sign Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date:2024-03-07-4:04:57 PM GMT-Time Source:server-IP address: 146.129.252.126 Document emailed to cityclerk@kentwa.gov for signature 2024-03-07-4:04:59 PM GMT Email viewed by cityclerk@kentwa.gov 2024-03-07-5:14:26 PM GMT-IP address: 104.47.64.254 `E) Signer cityclerk@kentwa.gov entered name at signing as Melissa McCormick 2024-03-07-5:16:41 PM GMT-IP address: 146.129.252.126 E� Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date:2024-03-07-5:16:43 PM GMT-Time Source:server-IP address: 146.129.252.126 Agreement completed. 2024-03-07-5:16:43 PM GMT Powered by r � Adobe K T Acrobat Sign