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
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5 U 1208�7
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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