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AG 13-098xETURlv To: ���Y,�� �,�,, ExT: ;�� l C- I CITY OF FEDER.AL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PRCS / 2. ORIGINATING STAFF PERSON: AV �, G�G rnnNs EXT: �q?ST 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 ❑ RE.�, EsTA� DoCUN1�tv'r ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS� ❑ ORDINANCE ❑ RESOLUTION ❑ Co1v'I'[tnCT AME1�mN1EN'I' (AG#): ❑ I1V'rE1uACa�I. �Q OTE�R LDAVIG� �v�- ber�Gw►�sh�' 5. PRaTECT NAME: �e. k.-� �r �.�y D v w�e�t �p, ;, 6. NAMEOFCONTRACTOR: ��,�il � i S�nrlwan _ ADDRESS: TELEPHONE: E-Mnu,: FAx: SIGNATURE NAME: �,a.,i e� � j 5,4 w.aYl TITLE: ��-� Si- 7. Ex[�isrrs.�mA�r�racxME�s: �SCOPE, WORKOR SERVICES �COMPENSATION � INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTI-IER REFERENCED EXHIBITS o PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. / / 8. TERM: COMMENCEMENT DATE: � Z�i ` I� COMPLETION DATE: � 2I f 13 9. TOTAL COMPENSATION: $ 2,00 • OD (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TTTLES AND HOLIDAY RATES� REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CTI'Y ❑ PURCHASING: PLEASE CHARGE TO: CI D�� � Z� 0~ .'7f 5 Z'�� 3` 2�-- � � D lO. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INTTIAL / D TE APPROVED �PROJECT MANAGER �/ � SUPERVISOR �f n�cTOR►}(a � d3 �¢ LAw DEpr �i$�D(� P �I • • i � 11. COUNCILAPPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: 12. CO CT SIGNATURE ROUTING �SENT TO VENDOR/CONTRACTOR DATE SENT: � I 11' I'� ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE SIGNED � LAw DEpr ¢G �j � ?f� • ,� SIGNATORY OR IRECTO� �I2'�I�p i3 crrY c�c 6�i � aot� � AssiGl�tEn AG # AG# - �,I SIGNED COPY RETURNED DATE SENT: �' ����i � :.._...--� �7 n��' n�, .� Co�rrrs COUNCII. APPROVAL DATE: DA'rE REC'D: 22 1/9 r�r ' . , . .. � • � � CITY OF ,'�..... Federal CITY HALL W�� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www ciryof%deralwey. 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 David Fishman ("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: David Fishman 8930 SE 45�' Street CITY OF FEDERAL WAY: Cody Geddes 876 South 333� Mercer Island, WA 98040 Federal Way, WA 98003-6325 206-236-6232 (telephone) 253-835-6926 (telephone) outdoordavid@comcast.net 253-835-6939 (facsimile) cod . eddes ci offederalwa .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 Art Work. 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 ("Art Work"). 2. Deliverv. The Artist shall 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. Disalav. 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 shall continue until removal of the Art Work, which date shall be no later than August 21 St, 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 ternunated 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 Art Work for the Term, the City agrees to pay the Artist an amount not to exceed Two Hundred Dollars and no/100 Dollars ($200.00) including any applicable sales ta�c. LOANED ART AGREEMENT — Single Artist -1- 2/2013 � CITY dF � Federal CITY HALL W�33325 8th Avenue South � Federai Way, WA 98003-6325 (253) 835-7000 www. ciryoffederahvey. com 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 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 T'housand 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 art work, 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 sha11 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. 9. Publicitv/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. 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 sha11 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 of this Agreement and each and all of its provisions in which performance is a factor. LOANED ART AGREEMENT — Single Artist -2- 2/2013 . • ... w. � CITY HALL ■��� 33325 8th Avenue South t Federa! Way, WA 980d3-6325 (253) �35-70�0 www crtyotiede�atway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF F DERAL WAY ATTEST: i�"C . Cary M. Roe, P.E., irector of Parks, Public Works City Clerk, Carol McN illy, CM & Emergency Mana ement DATE: � (� ARTIST By: Printed Name: �,¢.vin �-� . /�is��� �v Title: /�,-�a ra �2�-�if � r2 � � DATE: 4 — STATE OF WASHINGTON ss. COUNTY OF � � I� ) APPROVED AS TO FORM: � G��%�;�� �. City Atto , Patricia A Richardson On this day personally appeared before me, �A� 1D N•�T SF((M,q-r� , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/� executed the foregoing instrument as his/�ae�.i� free and voluntary act and deed for the uses and purposes therein mentioned. GNEN my hand and official seal this �� day of /�7/�! L , 20� ��1111111/�� �����ORY ,1. pF �''. ,......,, `�� �' �.\Sg10N EXA�•.� // ���i � �•�: p��` 9�cl��• y� � '= C�s" NOTARY : = _ . _ : LIC ' , — . pUB • z — :N�'. ����: . � . '��"9j��•. ,os „ ;.•����"``• i����'p;,WAc��`!�� �- f�� � �- (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires �- [�- Z� � S"� LOANED ART AGREEMENT - Single Artist - 3- 2/2013 . � i '" . .► ARTWORK TITLE 1. Mayapple buds 2. Passion Flower 3. Aristolochia elegans 4. Lily 5. Nepenthes, (carnivorous plant) 6. Arisaema taiwanensis emerging 7. Arisaema kishidae 8. Beginia 9. Puya chilensis lO.Tricertis, Toad lily 11. Smiling passion flower 12. Borage 13. Crocosmia 14. Castor bean 15. Michauxia 16 Fern Tree EXHIBIT "A" DISPLAYED ART WORK MEDIUM Photography Photography Photography Photography Photography Photography Photography Photography Photography Photography Photography Photography Photography Photography Photography Photography SIZE 30X21 29X24 26X29 22X21 17X37 16X24 15X23 24X18 21 X26 21 X26 22X26 22X25 18X24 27X23 22X26 22X30 CITY HAL� 33325 8th Avenue South Federal Way, WA 98003-6325 fz�a� s3�-�aoo �vww �ifyoffederalway com YEAR 2011 2011 2012 2011 2012 2011 2011 2010 2011 2010 2010 2010 2010 2010 2010 2010 ►/�A���1 $450.00 $450.00 $450.00 $350.00 $425.00 $375.00 $350.00 $375.00 $375.00 $400.00 $400.00 $375.00 $375.00 $375.00 $375.00 $375.00 LOANED ART AGREEMENT — Single Artist - 4- 2/2013