HomeMy WebLinkAboutAG 19-073 I I RETURN TO: EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV:
2. ORIGINATING STAFF PERSON: r46_ Pt3C1144fEXT: 3. DATE REQ.BY:
4. TYPE OF DOCUMENT(CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG
❑ REAL ESTATE DOCUMENT o SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMEND E/'T(AG#): ❑ INTERLOCAL
OTHER ,CIQY J +
5. PROJECT NAME: '‘(#._ • ' .Y+ c
6. NAME OF CONT O . I(v �)
4.2
ADDRESS: G � � c Vt5Cp 160 G LroTELEPHONE
E-MAIL: FAX:
SIGNATURE NAME: Ayes. move\ TITLE}
7. EXHIBITS AND ATTACHMENTS:*COPE,WORK OR SERVICES COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: ion e_YePlgiIUR COMPLETION DATE: kX\\ 1 �], Oi,9
9. TOTAL COMPENSATION$ a.C20 (INCLUDE EXPENSES AND SALES TAX,IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE:❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑YES ❑NO IF YES,$ PAID BY:❑CONTRACTOR❑CITY
RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO: 001 '! ' ,() (.??. 4)Q
10. DOCUMENT/CONTRACT REVIEW INITIAL/ ID/AT� 1 REVIJWEDINITIAL/DATE APPROVED
`'T
❑ PROJECT MANAGER c.� / i idol/
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW 2S A-10r 201
11. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(Include dept.support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.)
INITIAL/DATE SIGNED
❑ LAW DEPARTMENT OK 3 May 2-6 I q
❑ SIGNATORY(MAYOR OR DIRECTOR) / //Y
❑ CITY CLERK 215Ii tLa1
❑ ASSIGNED AG# AG# k9-en',
❑ SIGNED COPY RETURNED DATE SENT: rj•\0.19
COMMENTS:
1/2018
CITY OF CITY HALL
Fe d e ra I Wa 33325 8th Avenue
South
Federal Way.WA 980038003
-6325
(253) 835-7000
www crtyoffederalway corn
LOANED ART AGREEMENT
FOR
SINGLE ARTIST ART SHOW
This Loaned Art Agreement("Agreement") is made between the City of Federal Way,a Washington municipal
corporation ("City"), and Angela Marvel ("Artist"). The City and Artist (together"Parties") are located and do
business at the below addresses which shall be valid for any notice required under this Agreement:
ARTIST: CITY OF FEDERAL WAY:
Angela Marvel Cassie Swan
6449 Park St E 876 S 333rd St
Fife,WA 98424 Federal Way,WA 98003-6325
(253)835-6928 (telephone)
(253)334-8579(telephone) (253)835-6929(facsimile)
angelamarvelphotography@gmail.com cassie.swan@cityoffederalway.com
A. The City is interested in borrowing works of art to display at City facilities for the benefit of its citizens;and
B. The Artist desires to loan certain works of art to the City.
The Parties agree as follows:
1. Loan of Art Work. The Artist hereby agrees to loan, at no expense to the City, except as otherwise
specifically provided for in Section 5 of this Agreement,the works of art described in Exhibit"A"attached hereto
Pe Ygr
and incorporated herein by this reference("Art Work").
2. Delivery. The Artist shall be responsible for the transportation of the Art Work in connection with its
delivery to a location specified by the City and the removal of the Art Work upon the termination of this Agreement.
3. Display.The City may display the Art Work at any City facility or any location where the City detennines
that such display will directly benefit its citizens.The location of the Art Work within such facilities or locations
shall be as designated by the Mayor or his or her designees. The City agrees to pay any reasonable costs in
connection with hanging the Art Work.The City shall select the person or entity to perform such hanging services.
The City may remove the Art Work from display at any time, for any reason,in its sole discretion.
4, Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall
continue until removal of the Art Work,which date shall be no later than July 18,2019("Term").This Agreement
maybe extended for additional periods of time upon the mutual written agreement of the City and the Artist.Prior to
the expiration of the Term,this Agreement may be terminated immediately,with or without cause by the City.The
Artist may cancel this Agreement only upon thirty(30)days' prior written notice to the City.
5. Compensation. In consideration of the Artist loaning Art Work for the Term, the City agrees to pay the
Artist an amount not to exceed Two Hundred Fifty Dollars and No/100 Dollars($250.00)including any applicable
sales tax.
LOANED ART AGREEMENT—Single Artist - 1 - 3/2017
CITY OF CITY HALL
41114), 33325 8th Avenue South
Federal Way
Federal Way,WA 98003 8325
(253}835-7000
wwwcrtyoffederofway com
6. Independent Artist/Conflict of Interest.The Artist agrees that he or she is an independent contractor and
that the City shall be neither liable nor obligated to pay the Artist sick leave,vacation pay or any other benefit of
employment,nor to pay any social security or other tax which may arise as an incident of employment.The Artist
shall pay all income and other taxes as due.Industrial or any other insurance which is purchased for the benefit of
the City,regardless of whether such may provide a secondary or incidental benefit to the Artist,shall not be deemed
to convert this Agreement to an employment contract.
7. Indemnification.The Artist agrees to indemnify and hold the City,its elected officials,officers,employees,
agents,and volunteers harmless from any and all claims,demands,losses,actions and liabilities(including costs and
all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents,
licensees,or representatives,arising from,resulting from,or connected with this Agreement to the extent caused by
the negligent acts, errors or omissions of the Artist or its agents or by the Artist's breach of this Agreement. The
provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event
occurring prior to such expiration or termination.
8. Damage to Art Work.In the event the Art Work is damaged,other than by normal wear and tear,while it is
in the possession of the City, the City agrees to pay the Artist for such damage to the extent the City's
comprehensive general liability insurance covers such property damage,less any deductibles.Concurrent with the
execution of this Agreement,the Artist shall provide the title,a detailed description of the Art Work,and a statement
of objective value of such Art Work,preferably to be accompanied by an appraisal.For Art Work valued at greater
than Twenty-Five Thousand and No/100 Dollars($25,000.00),the Artist hereby agrees to indemnify and hold the
City,its elected officials,officers,employees,agents,and volunteers harmless from any and all claims,demands,
damage to art work,losses,actions and liabilities(including costs and all attorney fees)in excess of$25,000.00 to or
by any and all persons or entities arising from,resulting from,or connected with this Agreement.At the end of the
Term,the Artist shall examine the condition of the Art Work. Artist's acceptance of the return of the Art Work
constitutes Artist's agreement that the Art Work is in good condition and waiver of any and all claims against the
City.The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any
event occurring prior to such expiration or termination.
9. Publicity/Promotion.The City shall have the right to publicize or promote the Art Work in any manner.All
publicity and promotional materials,including,but not limited to brochures,press releases,programs,posters,public
service announcements,fliers,and advertisements shall be designed,written and paid for by the City.The City shall
have the right to photograph or otherwise reproduce the Art Work for any reasonable purposes,including record
keeping,and such publicity and/or promotion.
10. General Provisions.This Agreement contains all of the agreements of the Parties with respect to any matter
covered or mentioned in this Agreement.No provision of this Agreement may be amended or modified except by
written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the
Parties'successors in interest,heirs and assigns.Any provision of this Agreement which is declared invalid or illegal
shall in no way affect or invalidate any other provision.In the event either of the Parties defaults on the performance
of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney,
or files a lawsuit,each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute
related to this Agreement shall be King County,Washington. Failure of the City to declare any breach or default
immediately upon the occurrence thereof,or delay in taking any action in connection with,shall not waive such
breach or default.Time is of the essence of this Agreement and each and all of its provisions in which performance
is a factor.
LOANED ART AGREEMENT—Single Artist -2- 3/2017
4%16CITY OF CITY HALL
33325 8th Avenue South
Federal Way
Federal Way,WA 98003 6325
(253)835-7000
www crryoffederalway.coin
IN WITNESS,the Parties execute this Agreement below,effective the last date written below.
CITY OF FEDERAL WAY: ATTEST:
John Parks 0 • S!• .u u'e Courtney,CMC, ty Clerk
DATE: APPROVED AS TO FORM:
.tea
J. Ryan Call,City Attorney
ARTIST:
B O Y: 1/ANvd
Angela Marvel Artist
�
DATE: Ø2n I '2—Ol 20IC7
STATE OF WASHINGTON )
)ss.
COUNTY OF K i )
On this day personally appeared before me,Angela Marvel,to me known to be the individual described in and who
executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as
his/her/their free and voluntary act and deed for the uses and purposes therein mentioned.
+h
GIVEN my hand and official seal this ZR day of `( I l ,2019.
9K- 4el
DANIEL JOHNSON Oc&y .e %cAik,v‘so A
(typed/printed name of notary)
STATE OF WASHINGTON Notary Public in and for the State of Washington.
NOTARY PUBLIC My commission expires 051.0 .,i ZOtdt
MY COMMISSION EXPIRES
05-08-19.
LOANED ART AGREEMENT—Single Artist -3 - 3/2017
la", CITY OF CITY HALL
uth
Federal Way33325dr 8th Way.WAue 8S003
j Federal 98003 6325
(253)835-7000
www.crtvoffe ieralway.corn
EXHIBIT"A"
DISPLAYED ART WORK
[attach spreadsheet]
LOANED ART AGREEMENT—Single Artist -4- 2/2017
0A, GTr
FeOFderal Way
ARTS COMMISSION
Gallery Contract Information
Applicant information:
Name:
Angela Marvel
Address: 6449 Park St E
City & State: Fife , WA Zip: 98424
Work Phone: 253 . 334 . 8579 Home Phone: 253 . 242 . 7693
E-Mail Address: angelamarvelphotography@gmail . com Fax:
ARTWORK TITLE MEDIUM SIZE YEAR VALUE
1. Deep Wandering Photography 1°x13x with me in 2018 $ 400
2. Reach Photog ra h ioxio with mat in
13x13 frame 2018 $ 400
P Y
3. Trapped Photography ioxio with mat in 2018 $ 400
13x13 frame
4. Never Look Back Photography ioxiowith mat in 2018 $ 400
3x 3 frame
5- Wind Up Photography 1OX13x1"3tf ma
in 2018 $ 400
6_ Net of Wonder Photography ioxio with mat in 2016 $ 400
13x13 frame
io 7. Black Hole Sun Photography
°x113x13tf me `n 2017 $ 400
8. Recharge Photography ioxio with mlae in 2016 $ 400
9. Caged Photography 1ox1.3X13tfhrame in 2018 $ 400
10. Broken Photog P Y ra h ioxio with mat in
13x13 frame 2016 $ 400
11. Wallflower Photography 1oxi3xi3itf me in 2016 $ 400
12. Lost Soul Photography lox10 3tfra ae in 2016 $ 400
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
CITY OF CITY HALL
� Federal Nay33325 8th Avenue South
410MFederal Way.WA 98003-6325
r►� (253) 835-7000
sysww c'tvoffederaiway conn
LOANED ART AGREEMENT
FOR
SINGLE ARTIST ART SHOW
This Loaned Art Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Angela Marvel ("Artist"). The City and Artist (together "Parties") are located and do
business at the below addresses which shall be valid for any notice required under this Agreement:
ARTIST: CITY OF FEDERAL WAY:
Angela Marvel Cassie Swan
6449 Park St E 876 S 333rd St
Fife, WA 98424 Federal Way, WA 98003-6325
(253) 835-6928 (telephone)
(253) 334-8579 (telephone) (253) 835-6929 (facsimile)
angelamarvelphotography@gmail.com cassie.swan@cityoffederalway.com
A. The City is interested in borrowing works of art to display at City facilities for the benefit of its citizens;and
B. The Artist desires to loan certain works of art to the City.
The Parties agree as follows:
1. Loan of Art Work. The Artist hereby agrees to loan, at no expense to the City, except as otherwise
specifically provided for in Section 5 of this Agreement,the works of art described in Exhibit"A"attached hereto
and incorporated herein by this reference ("Art Work").
2. Delivery. The Artist shall be responsible for the transportation of the Art Work in connection with its
delivery to a location specified by the City and the removal of the Art Work upon the termination of this Agreement.
3. Display. The City may display the Art Work at any City facility or any location where the City determines
that such display will directly benefit its citizens. The location of the Art Work within such facilities or locations
shall be as designated by the Mayor or his or her designees. The City agrees to pay any reasonable costs in
connection with hanging the Art Work. The City shall select the person or entity to perform such hanging services.
The City may remove the Art Work from display at any time, for any reason, in its sole discretion.
4. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall
continue until removal of the Art Work,which date shall be no later than July 18,2019("Term").This Agreement
maybe extended for additional periods of time upon the mutual written agreement of the City and the Artist.Prior to
the expiration of the Term,this Agreement may be terminated immediately,with or without cause by the City.The
Artist may cancel this Agreement only upon thirty(30) days' prior written notice to the City.
5. Compensation. In consideration of the Artist loaning Art Work for the Term, the City agrees to pay the
Artist an amount not to exceed Two Hundred Fifty Dollars and No/100 Dollars($250.00)including any applicable
sales tax.
LOANED ART AGREEMENT—Single Artist - 1 - 3/2017
CITY OF CITY HALL
41/4,
33325 8th Avenue South
Federal Way
Federal Way.WA 98003-6325
(253) 835-7000
www crtyoffederalw<aycorn
6. Independent Artist/Conflict of Interest.The Artist agrees that he or she is an independent contractor and
anyother benefit of
that the Cityshall be neither liable nor obligated topaythe Artist sick leave, vacationpayor
g
employment,nor to pay any social security or other tax which may arise as an incident of employment. The Artist
shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of
the City,regardless of whether such may provide a secondary or incidental benefit to the Artist,shall not be deemed
to convert this Agreement to an employment contract.
7. Indemnification.The Artist agrees to indemnify and hold the City,its elected officials,officers,employees,
agents,and volunteers harmless from any and all claims,demands,losses,actions and liabilities(including costs and
all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents,
licensees,or representatives,arising from,resulting from,or connected with this Agreement to the extent caused by
the negligent acts, errors or omissions of the Artist or its agents or by the Artist's breach of this Agreement. The
provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event
occurring prior to such expiration or termination.
8. Damage to Art Work.In the event the Art Work is damaged,other than by normal wear and tear,while it is
in the possession of the City, the City agrees to pay the Artist for such damage to the extent the City's
comprehensive general liability insurance covers such property damage,less any deductibles. Concurrent with the
execution of this Agreement,the Artist shall provide the title,a detailed description of the Art Work,and a statement
of objective value of such Art Work,preferably to be accompanied by an appraisal.For Art Work valued at greater
than Twenty-Five Thousand and No/100 Dollars($25,000.00),the Artist hereby agrees to indemnify and hold the
City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims,demands,
damage to art work,losses,actions and liabilities(including costs and all attorney fees)in excess of$25,000.00 to or
by any and all persons or entities arising from,resulting from,or connected with this Agreement.At the end of the
Term, the Artist shall examine the condition of the Art Work. Artist's acceptance of the return of the Art Work
constitutes Artist's agreement that the Art Work is in good condition and waiver of any and all claims against the
City.The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any
event occurring prior to such expiration or termination.
9. Publicity/Promotion.The City shall have the right to publicize or promote the Art Work in any manner.All
publicity and promotional materials,including,but not limited to brochures,press releases,programs,posters,public
service announcements,fliers,and advertisements shall be designed,written and paid for by the City.The City shall
have the right to photograph or otherwise reproduce the Art Work for any reasonable purposes, including record
keeping, and such publicity and/or promotion.
10. General Provisions.This Agreement contains all of the agreements of the Parties with respect to any matter
covered or mentioned in this Agreement.No provision of this Agreement may be amended or modified except by
written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the
Parties' successors in interest,heirs and assigns.Any provision of this Agreement which is declared invalid or illegal
shall in no way affect or invalidate any other provision.In the event either of the Parties defaults on the performance
of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney,
or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute
related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default
immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such
breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance
is a factor.
LOANED ART AGREEMENT— Single Artist - 2 - 3/2017
441/4, CITY OF CITY HALL
Fed era I Way Fed8th Avenue South
Federal Way.WA 98003-6325
(253) 835-7000
v vw cityoffederatway coin
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY: ATTEST:
John Hutton, Parks Director Stephanie Courtney, CMC, City Clerk
DATE: APPROVED AS TO FORM:
J. Ryan Call, City Attorney
ARTIST:
By:
Angela Marvel, Artist
DATE:
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day personally appeared before me,Angela Marvel,to me known to be the individual described in and who
executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as
his/her/their free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN my hand and official seal this day of , 20_.
(typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires
LOANED ART AGREEMENT— Single Artist - 3 - 3/2017
` CITY OF CITY HALL
Federal Way eder 8th Avenue South
Federal Way,WA 98003-6325
(253) 835-7000
www cityoffedera(way COM
EXHIBIT "A"
DISPLAYED ART WORK
[attach spreadsheet]
LOANED ART AGREEMENT—Single Artist -4 - 2/2017
