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AG 15-069 RETURN TO: C1r� 4 EXT: (jt\0\ CITY 614 FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PARKS 2. ORIGINATING STAFF PERSON: 4)O.viA CIeytAov15 EXT: (,141 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 I 'CONTRACT AMENDMENT(AGO: l 5 U 6`\ ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: S vr�++P tXv EiS O�Y k- St o w 6. NAME OF CONTRACTOR: V Ro 1n c'_r 0/6 Sven ADDRESS: PO 30)t b5 5 Sc t;On Pra∎r e q? 3`6 5 TELEPHONE: E-MAIL: FAX: SIGNATURE NAME: TITLE: Ar 7. EXHIBITS AND ATTACHMENTS:',ati SCOPE,WORK OR SERVICES KCOMPENSATION X 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. / / 8. TERM: COMMENCEMENT DATE: 312 .6115 COMPLETION DATE: fo f Ito I I FJ 9. TOTAL COMPENSATION:$ $200 4- $50 -,Ili 250. et) (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: OD t - -[ 2.00 - 3 5 2 - 5 1 3 - 2 3 - '{ O 10. DOCUMENT/CONTRACT REVIEW INITIAL/�DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER AMA- YfZ('S ❑ SUPERVISOR • e.4 6/00S- ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) KLAW DEPT TZC, `14 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 112, 116 DATE REC'D: 7/30 I 1 h ❑ ATTACH: SIGNATURE AUTHORITY,INSURANCE CERTIFICATE,LICENSES,EXHIBITS INITIAL/DATE SIGNED LAW DEPT -Mir SIGNATORY(MAYOR OR DIRECTOR) CITY CLERK I/7E rIt ❑ ASSIGNED AG# AG• Mtn' SIGNED COPY RETURNED DATE SENT: ri Are7 ❑RETURN ONE ORIGINAL COMMENTS: 5Avre_ vw4 a5 VatA01114A 1I/9 CITY OF CITY HALL �. Federal Nay 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway..corn AMENDMENT NO. 1 TO LOANED ART AGREEMENT FOR SINGLE ARTIST ART SHOW This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Robert Chism, a sole proprietor("Artist"). The City and Artist(together"Parties"), for valuable consideration and by mutual consent of the Parties,agree to amend the original Agreement for single artist art show ("Agreement") dated effective March 25, 2015 as follows: 1. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 5 of the Agreement, reflected an incorrect rate and shall be amended to pay the Artist an additional amount not to exceed FIFTY and NO/100 Dollars($50.00).The total amount payable to Artist pursuant to the original Agreement and this Amendment shall be an amount not to exceed TWO HUNDRED FIFTY and NO/100 Dollars($250.00).The Artist agrees that any hourly or flat rate charged by Artist for his services contracted for herein shall remain locked at the negotiated rate for the Term. The Artist shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto,not modified by this Amendment,shall remain in full force and effect.Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement,as modified by any prior amendments,as it existed prior to this Amendment.The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment,which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 1/2015 CITY OF CITY HALL ; Federal Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www.ciryoffederalway.corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: By: i�✓�� Ali:AVAIL I /ALL-A_ Jo Hutto , 'arks Director (C, lerk, Stephanie Coin ey, CMC DATE: .crt5/s--- APPROVED AS TO FORM: RCS City Attorney, Amy Jo Pearsall ARTIST: By: 4,010b Lit: Robert Chism, Artist DATE: //Z 7//� STATE OF WASHINGTON ) ) ss. COUNTY OF K111j ) On this day personally appeared before me, 1Obt L• Chi Sin to me known to be the individual described in a who executed the foregoing instrument,and on oath swore th,VA - executed the foregoing instrument a is er,4their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this d. ! day of Jaid , 2015 Notary's signature AI A ' J ' A..A= Notary's printed A nam:Vi ► ., ' �± .tary Public in and for the State of Washington. STEPHANIE D.COURTNEY , My commission expires 4-211 i NOTARY PUBLIC i i STATE OF WASHINGTON COMMISSION EXPIRES APRIL 27 2017 r AMENDMENT - 2 - 1/2015 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PRCS/ 2. ORIGINATING STAFF PERSON: l Gx,V I Ct cke"19 V1' EXT: ( c122- 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 AMENDMENT(AGO: ❑ INTERLOCAL X OTHER L ha.tAc.A A 4 5. PROJECT NAME: S i r 316 A r kI s S_no\,v 6. NAME OF CONTRACTOR: Ro`o e r\- (1A.5 vvl ADDRESS: Pb t3eAc c.,FF r>.,o1 Z pt,r■e `� �3� CJ TELEPHONE: 53 - 2-61 - 25 41 E-MAIL: FAX: SIGNATURE NAME: 1 2.0\o e-rk (A n x S r1n TITLE: U W Inc r 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 1 CFW LICENSE# BL,EXP. 12/31/ UBI# ,EXP. / / 8. TERM: COMMENCEMENT DATE: 3(2-1:)1.1 5 COMPLETION DATE: L f t 1 IS 9. TOTAL COMPENSATION:$ 2_D U . to (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: (17t - 7 2.0 0 - 3 b Z A 5 1 "J - 2_3 - 14 t C') 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE ' V EWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER a 11 5' ❑ SUPERVISOR MINERY ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW DEPT -6121/ -41101/ 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 3) 1 i ii S DATE REC'D: 3/let I 1 5 ❑ ATTACH: SIGNATURE AUTHORITY,INSURANCE CERTIFICATE,LICENSES,EXHIBITS INITIAL/DATE SIGNED LAW DEPT 1,C. IGNATORY(MAYOR OR DIRECTOR) 4T .31Z J//$ ITY CLERK An s 2,6 y 1 ASSIGNED AG# AG° [. /[,�' SIGNED COPY RETURNED DATE SENT: 01, a ❑RETURN ONE ORIGINAL COMMENTS: 11/9 CITY OF CITY HALL South Federal Way F Way,Wayy,,WA 98003-6325 (253) 835-7000 www cityoffederalwaycom 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 Robert Chism ("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: CITY OF FEDERAL WAY: Robert Chism Bophary Du PO Box 655 876 South 333rd Street South Prairie, WA 98385 Federal Way, WA 98003-6325 253-269-2547 (telephone) 253-835-6928 (telephone) chismartwerx @gmail.com 253-835-6929 (facsimile) bophary.du @cityoffederalway.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 June 16,2015 ("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 Dollars and no/100 Dollars($200.00)including any applicable sales tax. 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 LOANED ART AGREEMENT—Single Artist - 1 - 1/2015 CITY OF CITY HALL ; Federal Way W 33325 8th Avenue South Federal Way,WA 98003-6325 (253)835-7000 www cityoffederalway corn 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 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. 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. 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 AGREEMENT—Single Artist - 2 - 1/2015 CITY OF CITY HALL 441/4, Federal Way 33325 8th ue South Federal Way,Wayy,,WA 98003 003 -6325 (253)835-7000 www,cityoffederalway.corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: /WA/hit IMP John Hutt , Parks Dir ctor lerk, Stephanie Cory, CMC DATE: 3(t_S " APPROVED AS TO FORM: CnJ� City Attorney, Amy Jo Pearsall ARTIST By: u,lAtAJC ei Printed Name: 'f p&E RA- h,5 rv� Title: H R t,6 DATE: 3/101/ 1,6 STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeared before me, )03 r" t;' �,� L 5 ry/ ,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 t g day of 7/4/9&d.46- , 20/S-- 0/. �b A J. ity 4r ���IILO' .4 Q4,,O7RA,A 'i, (typed/printed name of notary) - _ . - cn% Notary Public in and for the State o Was ington. A(181.‘o sz My commission expires C) _ .'/ ith °p 1WASN` LOANED ART AGREEMENT—Single Artist - 3 - 1/2015 Ex4,;bil A" Ati Federal Way ARTS COMMISSION Gallery Contract Information Applicant information: Name: Robert Chism Address: P. 0. Box 655 City &State: South Prairie Wa. Zip:98385 Work Phone:253-269-2547 Home Phone:253-269-2547 E-Mail Address: Chismartwerx@ gmail.com Fax: ARTWORK TITLE MEDIUM SIZE YEAR VALUE 1.Blawxx Pencil 14x18 2013 185.00 2.Clawxx Pencil 14x18 2013 185.00 3.Brixx Pencil 14x18 2013 185.00 4.Deceptive Layers Color Pencil 18x22 2014 205.00 5.Exit Color Pencil 18x24 2014 NFS 6.Pillow People p Color Pencil 18x22 2013 205.00 7.We Said Forever Photography 16x20 2015 105.00 8.Washed Away in Your Waves Photography 16x20 2015 105.00 9.Loco 17 Photography 16x20 2014 105.00 10.My Sun Shines Through Your Rain Pencil 16x20 2014 185.00 11.Star Dust Color Pencil 12x12 2013 150.00 12.Low Flow Photography 14x18 2014 105.00 13.Lazy Dayz Photography 14x18 2014 105.00 14.Timeless Photography 14x18 2015 105.00 15.Growth Color Pencil 18x22 2013 205.00 16.Autumn Color Pencil 31x23 2014 NFS 17.The Sophisticated Attention Color Pencil 11x20 2013 205.00 Breeders 18.Traxx Artography 12x12 2014 95.00 19.Klen Color Pencil 14x18 2013 205.00 20.Through the Bella Ball Artography 16x20 2014 NFS 21.The Raven Artography 12x12 2014 95.00 22. 23. 24. 25.