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AG 13-216I ' RETURN TO: EXT: CITY OF FEDERAj.., WAY LAW DEPARTMENT icOUTING FORM 1. ORIGINATING DEPT./DIV: V l o ywk lylck / CJ- u 2. ORIGINATING STAFF PERSON: CZ 7u `'J rill EXT: '),LP Z Z 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 AMEND NT (AG #): DINTERLOCAL `4��THER OGIM�P�. Ck.X"� (��✓ 5. lIPROJECT NAME: V�a (L 6. NAME OF CONTRACTOR: 90,X �G \)CkLk ADDRESS: y D C) O Sc .Stan eA YeA 2lb TELEPHONE ? (A! b-N - 1 9-1 E -MAIL: Darr Q vnc;.laySCu.Jlcs4��x�e.. LAV,n FAX: NIA SIGNATU NAME: TITLE 7. EXHIBITS AND ATTACHMENTS: ❑ 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: N,\) COMPLETION DATE: 9. TOTAL COMPENSATION $ I 'a �� � �� �� 40 �" 1� -'g (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 ❑ NO IF YES, $ PAID BY. ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT /CONTRACT REVIEW INITIAL / DATE REVIEWED tR PROJECT MANAGER (O • DIRECTOR • RISK MANAGEMENT (IF APPLICABLE) • LAW INITIAL/ DATE APPROVED 11. COUNCILAPPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ,�, �^ SENT TO VENDOR/CONTRACTOR DATE SENT: L V / .G DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LI ENSES, EXHIBITS INIT /DATE SIGNED • LAW DEPARTMENT • SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK t •3 ' 3 .'ASSIGNED AG# AG# SIGNED COPY RETURNED DATE SENT: �'� • L • 1.�L COMMENTS: 11/9 Oct 24 2013 5:31PM JIMS HARDWARE CITY OF t #°% Federal Way (360) 341 -3645 P.1 LOANED ART AGREEMENT FOR CITY SCULPTURE PARK CITY HALL 33,325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www atyi;Aederahvay com This Loaned Art Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City'), and Pat McVay ( "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: Pat McVay 8000 Scatchet Heat Road Clinton, WA 983236 (360) 579 -7811 (telephone) pat( rncvayssculpture.com CITY OF FEDERAL WAY: Stacey Curry, Ptanning Intern 33325 8* Avenue South Federal Way, WA 98003 (253) 835 -6926 (telephone) (253) 835 -2609 (facsimile) 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 this Agreement, the works of art described in Exhibit "A" attached hereto and incorporated herein by this reference ( "Art Work "). 2. Delivery. 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 or as directed by the City. The City will coordinate with the Artist for the installation and removal of the Art Work. 3. Display. The City will display the Art Work at the City's Sculpture Park which will benefit its citizens. 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 for One Year ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement ofthe City and the Artist, Prior to the expiration of the Term, this Agreement maybe terminated immediately, with or without cause by the City. The Artist may terminate this Agreement only upon thirty (3 0) days prior written notice to the City. Upon termination, the Artist will have two weeks to remove the Art Work. Any Art Work or portion thereof that is not removed may be disposed of by the City. Loaned Art Agreement — Multiple Artist, City Sculpture Park - 1 - 2/2013 Oct 24 2013 5:31PM JIMS HARDWARE CITY OF -.0 Federal May (360) 341 -3645 p.3 CITY HALL. 33325 8th Avenue South Federai Way, WA 98003 -5325 (253)635 -7000 www cityvriEderaiway corrE 5. Compensation. Inconsideration of the Artist loaning Art Work for the Term, the City agrees to pay the Artist an honorarium in an amount not to exceed Four Hundred and no /100 Dollars ($400 -00) per item of artwork loaned. 6. Independent ArtistlConilict 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. 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. If the artwork is damaged during its time on exhibit on City property, beyond normal wear and tear, the City may reimburse the Artist up to Five Hundred and No/ 100 Dollars ($500.00) to repair said damage, based on an itemized estimate of the cost of necessary repairs, raterials, etc. 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, 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 of this Agreement and each and all of its provisions in which performance is a factor. Loaned Art A g r e e m e n t - Multiple Artist, City Sculpture Park - 2 - 2/2013 � �6 ( Oct 24 2013 5:31PM JIMS HARDWARE CITY OF Federal Way (360) 341 -3645 p.2 CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.. a44~enMVay com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: 10/30 (3 Patrick Doherty, 151-rector of Community an City Clerk, Carol McNeilly, i MC Economic Development DATE: D ARTIST BLlV Y' . �r-vt Pat McVay j DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF ISLAND ) APPROVED AS TO FORM: City A omey, Patricia A Richardson -a v On this day personally appeared before me, Pat McVay, 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 free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this da� 2013. , (typed/print4d name of notary) Notary Public in and for the State of Washington. My commission expires ( � X01+ 13 Loaned A r t A g r e e m e n t — M u l t i p l e Artist, C i t y S c u l p t u r e P a r k - 3 - 2/2013 Oct 24 2013 5:31PM JIMS HARDWARE CITY OF ,% S� Federal Way Art Work Title: Artist's Valuation: (360) 341 -3645 p.4 EXHIBIT "A" DISPLAYED ART WORK 1. "Fishing Lessons" 2. "Salmon River Guardian" 3. "Qh No, Not A,gain!" 1. $10,000 2. $10.00 0 3. $10,000 CITY HALL 33325 Sth Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www atyotfedeialway coin Loaned Art Agreement — Multiple Artist, City Sculpture Park -4. 2/2013