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AG 24-064 - HANIEH TORABIRETURN 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: 4112124 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 19 OTHER Loaned Art Agreement 5. PROJECT NAME: Hanieh Torabi - Single Artist Show at the PAEC 6. NAME OF CONTRACTOR: Hanieh Torabi ADDRESS: 33512 42ND AVE SW TELEPHONE 253-227-2534 E-MAIL: persianbambina@yahoo.com FAX: SIGNATURENAME: Hanieh Torabi TITLE Artist 7. EXHIBITS AND ATTACHMENTS: IN 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: May 16th, 2024 COMPLETION DATE: July lath, 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 A NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED DYES ONO 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 4/8/24 0 DIRECTOR JHG - 4/9/2024 ❑ RISK MANAGEMENT (IF APPLICABLE) © LAW JE 4/9/24 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 etAW DEPARTMENT 1 SIGNATORY (MAYOR OR DIRECTOR) r ei i ITY CLERK ASSIGNED AG# q —,0(0,j COMMENTS: 2/2017 CITY OF CITY HALL A�k Fe d e ra I 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 Hanieh Torabi ("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: Hanieh Torabi 33512 42°d Ave SW Federal Way, WA 98023 253-227-2534 (telephone) p e rs i o n bastilo in a rc,,val) oo. c oin CITY OF FEDERAL WAY: Cassie Swan 33325 81h Ave. S. Federal Way, WA 98003-6325 (253) 835-6928 (telephone) (253) 835-6929 (facsimile) cassie.swanl cityoffederalway.coin 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. L2an 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 July 18, 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. LOANED ART AGREEMENT — Sinsle Artist - 1 - 9/2023 ,�kFederal Way CITY OF CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 vvww atyoffederafway corn 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 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. 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. 9. Publicity/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 — Sinele Artist - 2 - 9/2023 CITY OF t. Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cltyoffederalway_ com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: r >r' •r- s DATE: HANIEH TORA . ti By: Printed Name: Hanieh Torabi Title: Artist r� DATE: Qq4 G STATE OF WASHINGTON ) ) ss. COUNTY OF V- i ] ATTEST: AhA tM&"VCArilv aneC Clerk APPROVED AS TO FORM: 4Ryanll,City Atto ey On this day personally appeared before me, Hanieh Torabi, 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 qki day of 4rJ , 2024, Notary's signatureJAI-Ak-- ��Eo►o+OfEa6ir�, Notary's printed names: ` o� ....... M pHi� ,'�r. Notary Public in and for the tare of Washington. ExP °� 7' , P 1LP My commission expires !� 1 �4 o - NOTARY o ) n PUBLIC p • Ap eWAS ,�� i111 LOANED ART AGREEMENT — Single Artist - 3 - 9/2023 cirY of CITY HALL Federal Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederatway. com EXHIBIT A DISPLAYED ARTWORK ARTWORK TITLE NMIUM sin YEAR. VALUE I. Basking in the Sun Atxy k 30in x 40in 2023 $2,500 2_ Detached Acrylic 30in x 40in 2M $2,5W 3. EMe_= _ 4. Man in Thought Acrylic Acrylic, Pastel Acrylic, Resin 30in x 4ft 20in x 24in 20in x 241n 2023 2023 21223 81,7Q $900 $950 5. Midnight Goddess 6- Mystica Acrylic, Resin, Crystals 24in x 3fn 2023 $1,500 7. OAK Acryfic Acrylic 30in x 40in 30in x abin 2018 2023 $5000 $2,500 9- Poised 9. Pplpo t a. ❑atalyst i I t. Catalyst It Sunshine Queen [13.The friend Acr;lic, Resin, Crystals 24in x3ft 2M $1,5w Acrylic Acrylic 241n x 361n 241n x 36in 2020 20220 $2,5w $2,500 Acrylic; Resin 20in x 24in 2023 $800 Arc, Resin, Charcoal 'On x 2kin 2023 $1,Da© LOANED ART AGREEMENT — Sin0e Artist - 4 - 9/2023 4% CITY OF Federal Way EXHIBIT B REFERENCED ARTWORK CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 sw•vw cityoffederalway corn LOANED ART AGREEMENT — Single Artist - 5 - 9/2023 ,�SCITY OF � Federal Way a 4.+ CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityotfederalway com LOANED ART AGREEMENT — Single Artist - 6 - 9/2023 Federal Way ARTS COMMISSION Gallery Contract Information Applicant information: Name: Hanieh Torabi (Persian Bambina) Address: 33512 42nd Ave SW City & State: Federal Way, WA Work Phone: 2532272534 Home Phone: E_Mail Address: persianbambina@yahoo.com Fax: Zip: 98023 ARTWORK TITLE MEDIUM SIZE YEAR VALUE 1. Sunshine Queen Acrylic, Resin 20in x 24in 2023 $800 2. Midnight Goddess Acrylic, Resin 20in x 24in 2023 $950 3. Detached Acrylic 30in x 40in 2023 $2,500 4. Basking in the Sun Acrylic 30in x 40in 2023 $2,500 5. Poised Acrylic 30in x 40in 2023 $2,500 6. Man in Thought Acrylic, Pastel 20in x 24in 2023 $900 7. Mystica Acrylic, Resin, Crystals 24in x 36in 2023 $1,500 8. Polpo Acrylic, Resin, Crystals 24in x 36in 2023 $1,500 9. The Friend Acrylic, Resin, Charcoal 22in x 28in 2023 $1,000 10. Em orer Acrylic 30in x 40in 2023 $1,700 11.OAK Acrylic 30in x 40in 2018 $5000 12.Qatalyst I Acrylic 24in x 36in 2020 $2,500 13.Qatalyst II Acrylic 24in x 36in 2020 $2,500 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25.