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AG 14-073RETURN TO: Mary J EXT: 6901 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: PRCS/ REC 2. ORIGINATING STAFF PERSON: CODY GEDDES EXT: _6926 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 • GOODS AND SERVICE AGREEMENT • REAL ESTATE DOCUMENT ❑ ORDINANCE VONTRACTAMENDMENT(AG#): THER ART GALLERY AGREEMENT 5. PROJECT NAME: ❑ MAINTENANCE AGREEMENT • HUMAN SERVICES / CDBG • SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • RESOLUTION • INTERLOCAL 6. NAME OF CONTRACTOR: JEANNE STROHRMANN ADDRESS: 9412 6C AVE CT E TELEPHONE _253- 864 -0879 E -MAIL: JJSTROHS @COMCAST.NET FAX: SIGNATURE NAME: JEANNE STRPxRMANN TITLE ARTIST 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: APRIL 23 2014 COMPLETION DATE: AUGUST 26 2014 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 ❑ 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 H'PROJECT MANAGER DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) LAW 11. COUNCIL APPROVAL (IF APPLICABLE) 001- 7200352 - 573 -23 -410 INITIAL / DATE REVIEWED P6 P H • f p, 3 COMMITTEE APPROVAL DATE: INITIAL /DATE APPROVED COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING • SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS LAW DEPARTMENT SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK ❑ ASSIGNED AG# SIGNED COPY RETURNED COMMENTS: INITIAL DATE SIGNED •2'IN' AG# DATE SENT: L4.2o.14 1/9 CITY OF CITY HAIL ..' Fe d e ra I Way 8th Avenue South Feder %� Federa{ 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 Jeanne Strohmann ( "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: Jeanne Strohrmann 9412 60" Ave CT E Puyallup, WA 98371 253- 864 -0879 (telephone) CITY OF FEDERAL WAY: Cody Geddes 876 South 333rd St Federal Way, WA 98003 -6325 253- 835 -6926 (telephone) 253- 835 -6929 (facsimile) ffederalway.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. 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. 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 shall continue until removal of the Art Work, which date shall be no later than August 20t`, 2014 ( "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 Art Work 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 — Single Artist - 1 - 2/2013 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cityoffederalvvay.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. Damap-e 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 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 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. 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 maybe 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 AGREEMENT — Single Artist - 2 - 2/2013 CITY OF CITY HALL '*•... Federal Way 33325 8th Avenue South �..../ (253)x835- Way, OA 98003 -6325 www cityoffederalway.. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY Ken Miller, PE, Interim Parks Director DATE: ! AAA \ & AW By: Prin Tith DATE: 2 7J STATE OF WASHINGTON ) ) ss. COUNTY OF e ) ATTEST: C-D� fflQc� City Clerk, Carol McNeillyj CMC APPROVED AS TO FORM: Interim C' Attorney, Amy Jo Pearsall On this day personally appeared before me, Jeanne Strohrmann, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he /she /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 03 day of 20 a' ION �otAA °P WaSxA`_`.: ;' (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires D 3 l9 - oa Cv LOANED ART AGREEMENT — Single Artist - 3 - 2/2013 CITY OF CITY HALL 33325 Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederahvay.. com EXHIBIT "A" DISPLAYED ART WORK [attached spreadsheet] LOANED ART AGREEMENT — Single Artist - 4 - 2/2013 C .� Federal Way ITY OF ARTS COMMISSION Gallery Contract Information Applicant information: Name: Jeanne Strohrmann Address: 9412 60th Avenue Ct E, Sumner, WA 983 City & State: _Puyallup, WA Zip: _98371 Work Phone: n/a Home Phone: _253 -864 -0879 E -Mail Address: iistrohs @comcast.net Fax: n/a ARTWORK TITLE MEDIUM SIZE (Frame) YEAR VALUE 1.Early Snow Pastel 7x7 2011 $50 2.Winter's Peace Pastel 6x6 2011 45 3. Waters of Skykomish Oil 12x16 2014 125 _,.---- __._ - - -_-- 6i1 5.Soft Kitty, Warm Kitty Oil 11.x14 2014 125 6.Across the Yard Oil 12x16 2014 150 7.Distant Monolith Oil 12.24 2013 175 8.Beside the Still Waters Oil 1500 2013 195 9.lraq's Treasure Colored Pencil 16x20 2008 NFS 10.1renaSendler.com Oil 16x20 2010 NFS I I.Lengthening Shadows Oil 15x18 2013 175 12.0vergrown Oil 1 l x l4 2013 200 13.Ruffles & Ribbons Watercolor 16x20 2013 125 14.Spring Bouquet Pastel 11x14 2011 85 15 Edge of Winter Oil 11x14 2013 150 16 Geese on Parade Colored Pencil & Watercolor 22x28 2010 175 17.Forest Rhododendrons Reproduction of Colored Pencil & Watercolor 16x20 2008 75 18.Fennel & Phlox Reproduction of Watercolor 12x16 2010 65 19.Awakening.Marsh Reproduction on Canvas of Oil Painting 1 1x14 2013 60 20.Midnight Awakening Reproduction of Colored Pencil & Watercolor 16x20 2010 75 21.Ancient Junipers Reproduction of Colored Pencil 1 1x14 2011 75 22.1n the Clefts of the Rock Reproduction of Acrylic 18x24 2009 85 23.A Stroll in London Reproduction of Acrylic 20x28 2005 90 24.Whispers of Autumn Reproduction of Colored Pencil & Watercolor 16x20 2012 75 25.Got the Blues Reproduction of Watercolor 12x15 2009 70