AG 22-096 - DOUG EARLYRETURN TO: EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
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 DOCUMErrrs)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL
19 OTHER Loaned Art Agreement - Mulitple Artists
5. PROJECT NAME: Multiple Artist/Juried Art Show
s
6. NAME OF CONTRACTOR: Various
ADDRESS: TELEPHONE
E-MAIL: FAX
SIGNATURE NAME: Artist TITLE Artist
7. EXHIBITS AND ATTACHMENTS: 1.1 SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ®ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: upon execution COMPLETION DATE: January 5, 2023
9. TOTAL COMPENSATION $ N/A (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 ID NO IF YES, $ PAID BY. ❑ CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO: 001-7200-352-573-23-410
10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
❑ PROJECT MANAGER CS 08/02/22
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
A LAW TMW 8/9/22
11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL 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 I 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 C, 111 1VL1
❑ SIGNATORY (MAYOR OR DIRECTOR) / ZOJ.7--
❑ CITY CLERK '-
❑ ASSIGNED AG# AG " 22-096
COMMENTS:
212017
CITY OF CITY HALL
4 33325Federal Way Feder 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
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LOANED ART AGREEMENT
FOR
MULTIPLE ARTIST/JURIED ART SHOW
This Loaned Art Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and �-("Artist"). The City and Artist (together "Parties") are
located and do business at the below a dresse which shall be valid for any notice required under this Agreement.
ARTIST:
CITY OF FEDERAL WAY:
Name: n fal-4 Cassie Swan
Address: t ) x �vl, 876 S 333rd St
5 e h t w,,9- 6-,;t Federal Way, WA 98003-6325
Telephone Number:_ 16 3 3 (253) 835-6928 (telephone)
Fax Number: (253) 835-6929 (facsimile)
Email: Awn 1 eh"/ to 6' me - co ri. cassie.swanAcitvoffederalway.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, 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 January 5, 2023 ("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. Independent Artist/Conflict of Interest. The Artist agrees that they are 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
LOANED ART AGREEMENT — Sinale Artist - 1 ; 1/2022
G1TY OF ALL
�n� i
C1i
Fe d e ra I Way
Avenue South
Federall Way. WA 98003-6325
Feder
(253)835-7000
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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.
6. 1ndemnification. 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.
7. 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.
8. PublicitWPromotion. 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.
9. 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.
LOANM ART AGRFFMFNT — Single Artist - 2 - 1/2022
CITY OF
Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
wwwC1(yk1 faderalwayCorr?
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY: ATTEST:
J Hutton, P s Director ph4iie Courtney, CMC, ity Clerk
DATE: Q LZ APPROVED AS TO FORM:
J. Ryan Call, City Attorney
ARTIST:
By:
Printed Name:►�s
DATE: �-
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me, �and'��ath
, to me known to be the
individual described in and who executed the foregoin ' trumentswore j shelthey 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 4 20.
LUCir41,11
� JJ
196904
Al
►���� 7� W S\AN
r+�1111111t\����`
(type- d/printed name of notary)
Notary Public in and for the fate a W hington.
My commission expires
LOANED ART AGREEMENT — Sinale Artist - 3 - 1/2022
CITY of CITY HALL
Federal Way Feder Avenue South
Federall Way, WA 9800303-6325
(253)835-7000
www..6(vo fedF. ralwey. coin
EXHIBIT "A"
DISPLAYED ARTWORK
Artwork Title:Al
2.
3.
Artist's Valuation: 1. 3 &D
2.
3.
LOANED ART AGRLLMENT Multit)lu Arlisl - 4 - 8/2019