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AG 13-047RETURN TO: � EXT: �, � � �, CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: � � 2. OR[GINATING STAFF PERSON: �j� `iQ EXT: 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIM[TED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICEAGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICEAGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ C;ONTR ,,'�(' OTHER ❑ INTERLOCAL 5. PROJECT NAME: A�'C I��LII�f �l L7t.�,_, Irv ���r� 6. NAME OF CONTRACTOR: � � i� ADDRESS: I���1. N� � L S�G � R.�� 1�-� ��li� � E-MAIL: S[GNATURE NAME� tx.r �✓� �.5 CX r� S� TELEPHONE: F.vc: TtTLE: s 7. EXHIB[TS AND ATTACHMENTS:� SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. / /_ H. TERM: COMMENCEMENT COMPLETION DATE: 1 I IG.,ri _ u � I� 9. TOTAL COMPENSATION: $ ��� -' (INCLUDE EXPENSES AND SALES TAX, IF ANY� ([F 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 ❑ NO [F YES, $ ❑ PURCHASING: PLEASE CHARGE TO: �'-'-'I ZOO - 3 52- 5� 3- 23�1� 10. DOCUMENT / CONTRACT REVIEW �PROJECT MANAGER ❑ SUPERVISOR �i D[RECTOR ❑ RISK MANAGEMENT (IF APPL[CABLE) � Lnw DErr 11. COUNCILAPPROVAL ([F APPLICABLE) PAID BY: ❑ CONTRACTOR ❑ CITY IN[TIA / DATE REVIEWED INTfIAL / DATE APPROVED i/��s ��� � �� �,[..�. � � Gf1 i�r.� COMMITTEE APPROVAL DATE: 12. CONTRACT S[GNATURE ROUTING + ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 2! 2.1 �,� ❑ ATTACH: S[GNATURE AUTHORITY, INSURANCE CERTIFICATE, L[CENSES, EXHIB[TS � LAw Depr ,�,'SIGNATORY (MAYOR OR DIRECTOR� �' CI'rtt CLEitx �ASS [G1vED AG # SIGNED COPY RETURNED ❑ RETURN ONE OR[GINAL COMMENTS: . , _ � INITIAL / DATE S[GNED i- 3 aG# 13-0�7 DATE SENT: �. LU • ��_ --I � P GtC� W �( � � ��n�� COUNCIL APPROVAL DATE: DATE REC'D: Z� Z�i I I?J eY� Cl�,� C�'l,� 1/9 CITY OF FEDERAL WAY LOANED ART AGREEMENT This Agreement ("Agreement") is dated effective this lst day of January, 2013, and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and Dennis Harrison ("Artist"). 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. NOW, THEREFORE, the parties ("Parties") agree to the following terms and conditions: L Loan of Art Work. The Artist hereby agrees to loan, at no expense to the City, except as otherwise specifically provided for in this Agreement, the works of art described in Exhibit "A" attached hereto and incorporated herein by this reference ("Art Work"). 2. Deliverv. The Artist sha11 be responsible for the transportation of the Art Work in connection with its delivery to a location specified by the City and the removal of the Art Work upon the termination of this Agreement. 3. Display. The City may display the Art Work at any City facility or any location where the City determines that such display will directly benefit its citizens. The location of the Art Work 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 Art Work. The City shall select the person or entity to perform such hanging services. The City may remove the Art Work 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 sha11 continue until removal of the Art Work, which date shall be no later than March 26�', 2013 ("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. 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. - 1 - 6. 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 attomey 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, its partners, shareholders, agents, employees, 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. 7. Damage to Art Work. In the event the Art Work 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 Art Work, and a statement of objective value of such Art Work, preferably to be accompanied by an appraisal. For Art Work valued at greater than Twenty-Five Thousand and no/100 Dollars ($25,000.00), the City will deliver such description and valuation to its insurance cazrier to obtain additional coverage. Upon decline of coverage by City's insurance carrier, Artist sha11 immediately provide proof of insurance in a form and at a level acceptable to the City, or shall execute a hold harmless in favor of the City, or the Art Work sha11 be returned to Artist. At the end of the Term, the Artist shall examine the condition of the Art Work. Artist's acceptance of the return of the Art Work constitutes Artist's agreement that the Art Work 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. 8. Publicity/Promotion. The City shall have the right to publicize or promote the Art Work 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 Art Work for any reasonable purposes, including record keeping, and such publicity and/or promotion. 9. 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 sha11 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, sha11 not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. [Signature page follows] - 2 - IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY / � Cary M. Roe, P.E., .Ff`irector of Parks, Public Works and Emergency Management DATE: � �" / DENNIS HARRISON a By: ,�---- Printed Name: � '� 7l: -s /���Ls4� Title: �1J� �'b�/vl. r--- DATE: � � �� 3 � STATE OF WASHINGTON ) ) ss. COUNTY OF �i.� ) ATTEST: City Clerk, Carol McNei ly, CMC APP OVED AS FORM: � City Atto , Patricia A Richazdson On this day personally appeared before me, D�n n► S � H�r � so � , to me lrnown to be the individual described in and who executed the foregoing instrument, and on oath swore that heJshe/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 �� �" day of Feb�warT� -- 2013 . , _ .��`'�pP�-� Sy `''���,, '� i� `� � g S ► O N � �� r�� � � � �i, r s���j�,�, i yy sV ' • _ �% 's, ,� � _' 7�'/,���s pg �e� :�,�p � ''����+ ���,WA3��G�`�-' ��tiaG� �.2 T Ken k 1 i �� I ivn (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires � % �/ � 1(0 - 3 - Exhibit "A" Art Work Alpine Scene $200.00 Bonsai with Table $1,200.00 Butterflies Burl Large $175.00 Canyon $2,000.00 Family House $5,000.00 Fashions 1886 $4,500.00 Ikebana Berry Bush $1,750.00 Ikebana Double Camellia $950.00 Ikebana Japanese Camellia $100.00 Ikebana Red Plate $600.00 Ikebana Stick Vase $1,000.00 Lantern Girl $10,000.00 Light House $5,000.00 Maple Leafs $35.00 Mossy Trees $2,000.00 Music $3,500.00 Nami in Blue $3,000.00 Nordic Design $175.00 Sample Not for sale Tea House $6,500.00 The Girl $500.00 Window Planter $3,500.00 Writhing Rose $500.00 Yellow Bird $175.00 - 4 -