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HomeMy WebLinkAboutAG 22-040 - ANGIE HAHNRETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM I 1. ORIGINATING DEPT./DIV: FWCC 2. ORIGINATING STAFF PERSON: Trisha Plucknett EXT: 6921 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 ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL m: OTHER Loaned Art Agreement 5. PROJECT NAME: Single Artist Art Show 6. NAME OF CONTRACTOR: Angie Hahn ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURENAME: Anclie Hahn TITLE Artist 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES @ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE 9 ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: April 11, 2022 COMPLETION DATE: July 26, 2022 9. TOTAL COMPENSATION $ 250.00 (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 ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: Q. RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 001-7200-352-573-23-410 10. DOCUMENT/CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) N LAW 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED CS 03/24/22 JE 3/28122 COMMITTEE APPROVAL DATE: INITIAL / DATE APPROVED . COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING [11 SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: L `ZZ ❑ 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.) WLAW DEPARTMENT SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK +5 ASSIGNED AG# COMMENTS: INITIAL / DATE SIGNED C L AG# NIA 2/2017 CITY OF CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www o"ffederahvay com 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 Angie Hahn ("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: Angie Hahn 2828 S 357th Ct Federal Way, WA 98003 (360) 402-3282 (telephone) halm Bunn 71 mail.com CITY OF FEDERAL WAY: Cassie Swan 876 S 333rd St Federal Way, WA 98003-6325 (253) 835-6928 (telephone) (253) 835-6929 (facsimile) cassie.swan a�ci offederalwa .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 Artwork. 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 ("Artwork"). 2. Delivery. The Artist shall be responsible for the transportation of the Artwork in connection with its delivery to a location specified by the City and the removal of the Artwork upon the termination of this Agreement. 3. Display. The City may display the Artwork at any City facility or any location where the City determines that such display will directly benefit its citizens. The location of the Artwork 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 Artwork. The City shall select the person or entity to perform such hanging services. The City may remove the Artwork 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 Artwork, which date shall be no later than July 26, 2022 ("Term"). This Agreement may be 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. Cam pensation. In consideration of the Artist loaning Artwork for the Term, the City agrees to pay the Artist an amount not to exceed Two Hundred Fifty Dollars and No/l 00 Dollars ($250.00) including any applicable sales tax. LOANED ART AGREEMENT — Single Artist - 1 - 1/2022 CITY OF CITY HALL Federal Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wmv cityoffederahvay. 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 Artwork. In the event the Artwork 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 Artwork, and a statement of objective value of such Artwork, preferably to be accompanied by an appraisal. For Artwork 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 Artwork, 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 Artwork. Artist's acceptance of the return of the Artwork constitutes Artist's agreement that the Artwork 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. Pu blicity/Prorno�tion. The City shall have the right to publicize or promote the Artwork 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 Artwork 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 in this Agreement and each and all of its provisions in which performance is a factor. LOANED ART AGREEMENT — Single Artist - 2 - 1 /2022 4! CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederahvay.com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jo utton, Park Director DATE: J a Za2Z ARTIST: UO-A Angie Halm, Artist DATE: 3/ z e/ Zo Z 2- STATE OF WASHINGTON ) ss. COUNTY OF IkIAA ATTEST: Courtney, em APPROVED AS TO FORM: J4yCallCittyAkmey On this day personally appeared before me, Angie Hahn, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that she executed the foregoing instrument as her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this (] q day of 41L�k , 20.V. EXp NOTARY R • � cn:.A c, PUBLIC Or N Lift (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires .1 f l r LOANED ART AGREEMENT — Single Artist - 3 - 1/2022 '4!CITY OF , Federal Way EXHIBIT "A" DISPLAYED ARTWORK CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. afyoflederalway com � fY tl� Federal Way ARTS COMMISSION Gallery Contract Information Applicant Information Name: Angie Hahn Address: 2828 S 357th CT City & State: Federal Way, WA Primary Phone:360-402-3282 Email Address: hahnybunny7l@gmail.com Zip: 98003 , Home Phone:253-431-8238 1 Fax: ARTWORK TITLE MEDIUM SIZE YEAR VALUE 1.Breeze Oil 16x12 2017 $200 2. Purple Siblings Acrylic 6x9(2) 2017 $100 Each 3. Imaginary Flower Oil 8x 10 2019 $150 4. Sunflower Oil 10x20 2019 $200 5.Trunks Oil 8x10 2018 $100 6. Cherry Blossom I Oil 8x10 2018 $150 7. Cherry Blossom II Oil 8x10 2018 $150 8. Cherry Blossom III Oil 8x10 2018 $150 9. Daisy Oil 8x10 2018 $150 10. Creation Oil 16x20 2019 NFS 11. Circles and Flowers Oil 16x20 2019 $250 12. Pink Tree Acrylic 16x20 2018 $100 LOANED ART AGREEMENT — Single Artist - 4 - 2/2017