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AG 24-048 - ANGELA HAHNRETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: City of Federal Way - Parks & Recreation 2. ORIGINATING STAFF PERSON: Ashriya Guptar EXT: 6950 3. DATE REQ. BY: 3/11/24 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 ArtAgreement 5. PROJECT NAME: Angela Hahn - Single Artist Show at Dumas Bay 6. NAME OF CONTRACTOR: Angela Hahn ADDRESS: 2828 South 357th Court Federal Way, WA 98003 TELEPHONE 206-615-2938 E-MAIL: hahnybunny7l@gmail.com FAX: SIGNATURE NAME: Angela Hahn TITLE Artist 7. EXHIBITS AND ATTACHMENTS: it SCOPE, WORK OR SERVICES IN COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: March 11th, 2024 COMPLETION DATE: June l lth, 2024 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 9 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ®YES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED N PURCHASING: PLEASE CHARGE TO: 001-7200-352-573-23-410 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED N PROJECT MANAGER CS 3/6/24 19 DIRECTOR JRH 316/24 ❑ RISK MANAGEMENT (IF APPLICABLE) 11 LAW JE 3/12/24 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: N/A COUNCIL APPROVAL DATE: N/A 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 IDATE SIGNED ICAW DEPARTMENT 13116 SIGNATORY (MAYOR OR DIRECTOR) O .CITY CLERK 0 ❑ ASSIGNED AG# # COMMENTS: 2/2017 CITY OF CITY HALL , � Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway 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 Angela 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: Angela Hahn 2828 South 357th Court Federal Way, WA 98003 253-431-8238 (telephone) CITY OF FEDERAL WAY: Cassie Swan 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-6928 (telephone) (253) 835-6929 (facsimile) 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 and depicted in Exhibit B 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 June 11, 2024 ("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. 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/100 Dollars ($250.00) including any applicable sales tax. 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 LOANED ART AGREEMENT — Single Artist - 1 - 9/2023 CITY OF CITY HALL �South � Federal Way Feder 8th Avenue 8003 Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 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. Damaae 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 ofthis 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. PublicitylPromotion. 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 ofthis 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 - 9/2023 CITY of CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www cityoffederalway. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: John Hu , Parks Direc DATE: 36 �j �L oy ARTIST: By: - - Printed Name: Angela Hahn &AV A�TK` MD Title: Artist DATE: ATTEST: APPROVED AS TO FORM: J. Ry Call, City A rney STATE O ' WASHINGTON ) ss. CO Y OF ] On th day personally appeared before me, Angela Hahn, t�ndacknotwledged o be the individual, or individuals described in and who executed the within and foregoing instrume that he/she/they signed the name as his/her/their free and voluntary act and deed, for the es and purposes therein mentioned. GIVEN under my hand and o ffieial seal this day of Notary's signature Notary's printed name 2024. Notary Public in and for the State of Washington. My commission expires LOANED ART AGREEMENT — Single Artist - 3 - 9/2023 CITY OF CITY HALL AvenueSAl:k outh Federal Way. VIVA 93003 -6325 ('53) 835-7000 tan:hE- rNy�a�fed�rzzr�w_�u ca�!ta IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ARTIST: r By: r• Printed Name: An ela Hahn Title: Artist DATE: 2z7z 9e STATE OF WASHINGTON ) ) ss. COUNTY OF ATTFRT- On this day personally appeared before me, Angela Hahn, to me known to be the individual, or individuals described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the name as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this Y day of M _A 2C j4 , 2024. SALLY O"LEARY NOTARY PUBLIC #23035255 STATE OF WASHINGTON COMMISSION EXPIRES SEPTEMBER 29, 2027 Notary's signature s—f" Q zrn4:e Notary's printed name k:rAj� Q, Z6,4q f' Notary Public in and for the State of Washington. My commission expires 9 - 0 9- 9W% LOANED ART AGREEMENT — Single Artist - 3 - 9/2023 CITY DF CITY HALL 33325 Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 s (253) 835-7000 www cVotiederalway com EXHIBIT A DISPLAYED ARTWORK 7 ARTWORK TITLE Back to Basics MEDIUM oil SIZE 2430 YEAR 2023 VALUE $700 Movement oil 16x20 2023 $500 3 Creation oil 16x20 2023 NFS 4 Earth oil 16x20 2023 $500 5 Blue circle oil 18x24 2023 NFS 6 Small bubbles Acrylic 8x10 2023 $300 7 Da Ma "marbles" Acrylic 8x10 2023 $300 8 Circle&Flower Series Y Acrylic 16x20 2023 $400 9 Circle&Flower Series G Acrylic 16x20 2023 $400 10 Circle&Flower Series B Acrylic 16x20 2023 $400 LOANED ART AGREEMENT — Single Artist - 4 - 9/2023 '4S CITY OF Federal Way EXHIBIT B REFERENCED ARTWORK CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityotfederalway com LOANED ART AGREEMENT — Single Artist - 5 - 9/2023