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AG 23-089 - THENDARA KIDA-GEERETURN 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 * OTHER Loaned Art Agreement 5. PROJECT NAME: Single Artist Art Show 6. NAME OF CONTRACTOR: Thendara Kida-Gee ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURENAME: Thendara Kida-Gee TITLEArust 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES A COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE R ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: May 10. 2023 COMPLETION DATE: August 15, 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 IDNO 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 02_? ❑ RISK MANAGEMENT (IF APPLICABLE) X LAW TMW 12/8/22 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 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 10 LAW DEPARTMENT rlekz SPIP/17-37 ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK �} ❑ ASSIGNED AG# AG# ' Q COMMENTS: 2/2017 CITY OF CITY HALL w� 33325 8th Avenue South Federal Way. WA 98003-6325 eral w (253) 835-7000 wvw cRyoffederahupy. corn LOANED ART AGREEMENT FOR Sl[NGLE ARTIST ART SHOW A--t Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal iff% and Thendara Kida-Gae ("Artist"). The City and Artist (together "Parties") are located and co -e, s r c below addresses which shall be valid for any notice required under this Agreement: a= a -Lee rr.c ane SE llk1A 98366 (telephone) -j= %; .�es_c �eativatom CITY OF FEDERAL WAS': Cassie Swan 876 S 333rd St Federal Way, WA 98003-6325 (253) 835-6928 (telephone) (253) 835-6929 (facsimile) c a s s i e. s wan(cr71 c ityo f fe deral wa y. c o +-_e C--tV is }riterested in borrowing works of art to display at City facilities for the benefit of its citizen ti; :_nc -ne Artist desires to loan certain works of art to the City. ' i: C ,ter, e; C.s follows: t. aar...cfArlwpLrk. The Artist hereby agrees to loan, at no expense to the City, except as otherw-se _c-- iy provided for in Section 5 of this Agreement, the works of art described in Exhibit "A" attached he to __--:,-porated herei-_Z by this reference ("Artwork"). The Artist shall be responsible for the transportation of the Artwork in connection with its delier, vocation specified by the City and the removal of the Artwork upon the termination of this Agreement. lie City may display tlae Artwork at any City facility or any location where the City determi-,-:es �c_� c is =aye A-i [l direct` benefit its citizens. The location of the Artwork within such facilities or locations sha l be ', - by -i1 �e Mayor or his or her desiemees. The City agrees to pay any reasonable costs in connection with -i=_e r vi, -k. r�he City shall select the person or entity to perform such hanging services. The City r_ .y from display at anytime, for any reason, in its sole discretion. Rrin„ The term of this Agreement shall commence upon the effective date of this Agreement and s aali _ r LLii <,inoval o'the Artwork, which date shall be no later than August 15, 2023 ("Term"). This Agreef_-nT �. = --r _ e 1 or additional periods of time upon the mutual written agreement of the City and the Artist. Prior to -i '^t?cn ofthe Term, this Agreement may be terminated immediately, with or without cause by the City. I, pie r=_c-v cancel tlis Agreement only upon thirty (30) days' prior written notice to the City. Cow a sit n. in considerat io z of the Artist loaning Artwork for the Term, the City agrees to pay the A� .:is : �_o eX coed Two Hundred Fifty Dollars and No/l00 Dollars ($250.00) including any applicable, sales T ;. 1-7 1 GBEEMENT - Single Artist - 1 - 1/2022 CITY OF CITY HALL 33325 8th Avenue South Fecie ra l Way Federal Way, WA 98003-6325 (253) 835-7000 mvw cityoffedetaMvy.. com _. ine-e_gzit AlrtistlCanflic# of Interest. The Artist agrees that he or she is an independent contractor a =c -a e amity shalt be neither liable nor obligated to pay the Artist sick leave, vacation pay or any other benefit of _t, ,1 )r o pay any social security or other tax which may arise as an incident of employment. The A _t le and other taxes as due. Industrial or any other insurance which is purchased for the berief o of whether such may provide a secondary or incidental benefit to the Artist, shall not be deerr,�Ia v7 -.� ti is _" c, eement to an enploy_rient contract. I.demntif c to The Artist agrees to indemnify and hold the City, its elected officials, officers, employ_-�s, a_ =: -d volun Wers harmless from any and all claims, demands, losses, actions and liabilities (including costs fc-;.$) �o or by any and all persons or entities, including, without limitation, their respective ager-s representatives, arising from,-esulting from, or connected with this Agreement to the extent cai.s-d'Dy =e __eClige_n1- acts, errors or omissions of the Artist or its agents or by the Artist's breach of this Agreement. 1 _r1e r tds Section shall survive the expiration or termination of this Agreement with respect to any e` ,nt to such -expiration or te-~znination. +-;� Y_t o} l ivark. In the event the Artwork is damaged, other than by normal wear and tear, while it _­ i n ssior_ of t_-e Cicy, the City agrees to pay the Artist for such damage to the extent the City's compreh-nsive -_�y insuranc.e covers such property damage, less any deductibles. Concurrent with the execution oft-tis `i}e r mist shall provide the'cith% a detailed description of the Artwork, and a statement of objective ,,, .1c y_orefere.bly to be acco-nhanied by an appraisal. For Artwork valued at greater than Twenty- vC: ar_ i 'do/ 100 Dollars ($ %3,000.00), the Artist hereby agrees to indemnify and hold the City, its elect._-_- _jZ'_a_s. ofncE_s, -employees, ag,:,nts, and volunteers harmless from any and all claims, demands, damag-� to 10- z;s, actior��s and liabilities �irlcluding costs and all attorney fees) in excess of $25,000.00 to or l e=sons or entities arising from, resulting from, or connected with this Agreement. At the end of the Terns s 1-. I I - x amine the condition of the Artwork. Artist's acceptance of the return of the Artwork constitc:e s Y-errs that the Artwork is i_2 vood condition and waiver of any and all claims against the City. __';e -a- 'J_is sect=,o_-1 shall survive, -the expiration or termination of this Agreement with respect to any el .rrF p lc r to such expiration or termination. The City shall wave the right to publicize or promote the Artwork in any manner. f- tDro-7, -doral materials. includ`na, but not limitedto brochures, press releases, programs, posters,13, ,�_ic -=1rers, and advertisements shall be designed, written and paid for by the City. The City s_� t_ -a) photograph or otherkvise reproduce the Artwork for any reasonable purposes, including r; .are. such publicity and/or promotion. 71 ai Pro vis ions. This r,gra_-meat contains all of the agreements of the Parties with respect to any ma it:e.-_ ,_-ti -ned in this Agreenlent.1`o arovision of this Agreement may be amended or modified excep. oy signed by the Parties. This Agreement shall be binding upon and ir_ure to the benefit cf --,e s'Liccessors in interest, heirs and assig rys. Any provision of this Agreement which is declared invalid or ille�Za i -+o _:�ffE �t or invalidate any other provision. In the event either of the Parties defaults on the perforra�,ce of ',is Agreement or either Pa-- places the enforcement of this Agreement in the hands of an attor._ Jy, -each Party shall nay allits own attorneys' fees, costs and expenses. The venue for any 6islv:.:_e shall be 1Ling Cewity, Washington. Failure of the City to declare any breach or &�__FIl tLo_a the occurrence thereof, or delay in taking any action in connection with, shall not wain: s�Ltcr wch or Default, Time is of the essence in this Agreement and each and all of its provisions in which perf6rn_0_r ce -- - -_l __ r AGREEMENT — Sinale Artist - 2 - 1/2022 I:Ia'Y OF %;=& I� Feral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. rrfyofiederafway. com i /77-INTESS. the Parties execute this Agreement below, effective the last date written below. QED �P-Ai , WAY: ATTEST: X"_IyV_ aw ?' ire,Stor stwli4nie Courtney, CMC, Ci Clerk APPROVED AS TO FORM: y Call, City Atiorney 7. -7 U )A 1s ra : ida--Gee, Artist 3�22 �2023 _TE, Or WASbINGTON ) ss. P er.sor ally appeared before nic, T`_iendara Kida-Gee, tome known to be the individual described in a_�d eczT d tae foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as �"-ce and voluntary act and deed for the uses and purposes therein mentioned. --V rr_v hand ar_d offici��l seal this 2 2 day of ►'i'10'� , 20Z3, NOTARY PUBLIC STATE OF WASHINGTON CHRISTA THARP MY COMMISSION EXPIRES JANUARY 12, 2027 COMMISSION NO.23003216 FAM (.I�JS�j Thsri'� (typed/printed naive of notary) Notary Public in and for the State of Washington. My commission expires [2 126 2 -+ = v� E s " %�_� A aREElV1EI�T — Sinale Artist - 3 - 1/2022 II lr,�l era I V�1'c]. EXHIBIT "A" DISPLAYED ARTWORK CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www alyoffederahvay com size YEAR VALUy? a'IUM ~ D 5co mycelium Mixed media 12"x12" 2022 450 _. Treescape - . Mixed media 123)x12" 2022 45 i Vountainscape Mixed media 153lx3'6" 2022 1200 Mixed media 9.5x9.5" 2022 35,C, �Treescape rc the forest begins } Mixed media 8.5"x36" 2022 65,:►__, Treescape Mixed media 1051x10" 2022 250 :� Mixedmedia 10"x10" 2022 300� �V;ountainscape l� iQ Aa 11 r� ooted treesoe -- Mixed media 12"x36" 2022 1000 i �;^ ristmas in heaven Mixed media 77 24 x2477 2020 1200 _ 10 Firescape Mixed media 24x36" 2020 11.1 Forests edge Mixed media 12N48" 2022 650 +? Firescape Mixed media 14"x24" 2021 90C-) Treescape - Mixed media 121Ix24" 2021 650 14 - Aurora Borg: Mixed media 141 x24" 2021 1000 -F �s N.'loonlight sonata Mixed media 16"24" 2022 750 1G _ _ t� -_ Sky island � � Mixed media 9"x30" 2021 701-1 17 ; ;'Unshii e- revery Mixed media 2021 10001 s s =;L i�ibow connection Mixed media 12x31" 2022 1200 a eon treeslice Mixed media 12. x12" 2022 400�_. re��sca e on a treeskc Mixed media 12"x12" 2022 400 ^_l - GREEMENT — Sin61e Araisi - 4 - 1/2022