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AG 23-015 - XIN XINRETURN 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 DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL A OTHER Loaned Art Agreement 5. PROJECT NAME: Single Artist Art Show 6. NAME OF CONTRACTOR: xin xin ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURENAME: Xin Xin. TITLEAnisi 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: March 15, 2023 COMPLETION DATE: May 17, 2023 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 10NO 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 11/30/22 ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 19 LAW TMW 12/8/22 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING COUNCIL APPROVAL DATE: ❑ 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.) 'CAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# COMMENTS: INITIAL/ DATE SIGNED 110 2- 4121 1 AG# "'A 23-015 17 ` CITY OF CITY HALL Federal Way Feder 8W Avenue South 8003 Federal Way, WA 98003-6325 (253) 835-7000 www.ciryofiede""y 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 Xin Xin ("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: Xin Xin Cassie Swan 10700 NE 4th St 876 S 333rd St Bellevue, WA 98004 Federal Way, WA 98003-6325 (253) 835-6928 (telephone) (253) 835-6929 (facsimile) xxinuwyahoo.com cassie.swan ,cityoffederalway.corn 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 May 17, 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. Compensation, Inconsideration of the Artist loaning Artwork for the Term, the City agrees to pay the Artist qM 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 - 1/2022 CITY OF A** CITY Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www ciryoffederalway com 6. 1nde endent Artist/Contiict 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 nay 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 ofthe 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. Public's /Promotion. 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 CITY OF CITY HALL A4S Federal Way Feder SW Avenue 80 th Federal Way. WA 98003-6325 (253) 835-7000 wmv_utyoffederalwrry corn ' -. `VITNESS. the Parties execute this Agreement below, effective the last date written below. Y OF FEDERAL WAY: <'- - /" - - - X�' 4 v Jo utton, Par erector DATE: ARTIST: By: .kin Xin. Artist DATE. z /,3 0/ Z 2 a i ATE OF WASHINGTON ) ) ss. COUNTY OF H ) ATTEST: StYphJnle Courtney, CMC, C Cieri. APPROVED AS TO FORM: J. yan Call, City t ttorney On this day personally appeared before me, Xin Xin, 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 3 (s day of X C ek1-7 G) el- , 20?Z °* %pT4+ 5 U 1208�7 Zs 6.01 �j C�` ht+►►►nun`` '� /11Itop WAS 0'0 le 4 Gt c,cvL---) (typed/printed name of notary) Notary Public in and for the State of W ashineon. My commission expires G LOANED ART AGREEMENT - Single Artist - 3 - 1/2022 CITY OF CITY HALL Federal Way a 8th Avenue South Feder Federal Way, WA 98003-6325 ..� (253) 835-7000 www cityol%deralway com EXHIBIT "A" DISPLAYED ARTWORK 1 ARTWORK Happiness is So Close Acrylic 40x30 2022 1 $38W z Embrace the Unknown Acrylic 40x30 2022 $3800 3 In Another Universe Acrylic 36x24 2022 $2700 4 11 Wish to Grow Old With 5 1 You 6 Imperfectly Precious Acrylic 40x30 2022 $38W 7 Full of Sparkle Acrylic 60x48 2022 $9000 s Littte Golden Nuggets Acrylic 10x8 2022 $240 9 Innocence Acrylic 36x24 2022 $2700 10 Playfulness Acrylic 36x24 2022 $2700 11 Ever -Changing Acrylic 36x24 2022 $2700 12 Under the Cherry Tree Acrylic 48x36 2022 $5400 13 Accidentally Roaming Acrylic 48x36 2022 $5400 14 1 Cant Wait to See the Watercolor 12x9 2021 $340 15 Butterfly You Will u Become 17 Free Play atercolor/Ac 24x18 2021 $1350 18 Free Play 2 atercoior/Ac 24x18 2021 $1350 19l A Glimpse of Us Acrylic 16x12 2022 $600 20 Meet Your Match. My Acrylic 16x12 2022 $600 21 Twin Flame 22 Entering a New Era Watercolor 20x16 2022 $1000 23 Versions of Me That Watercolor 20x16 2022 $1000 24 Will Never Exist 25 Holding on to this HaWT Watercolor 20x16 1 2022 $1000 LOANED ART AGREEMENT — Single Artist - 4 - 1/2022