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AG 15-113 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PARKS 2. ORIGINATING STAFF PERSON: !�,hVid OetnncvIS EXT: (`1`11 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 o HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT o SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION k CONTRACT AMENDMENT(AG#): I S- (3 ❑ INTERLOCAL ❑ OTHER • 5. PROJECT NAME: S 41tP Air Oct- AJ F Sc,o w 6. NAME OF CONTRACTOR: \4 e v'd Roi ADDRESS: 1 1 51., 5101 Dr. ,de- k,,1p k∎(a ' `boot TELEPHONE: E-MAIL: FAX: SIGNATURE NAME: TITLE: A r (.S\- 7. EXHIBITS AND ATTACHMENTS:, ] 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: 5I 2.0 I l5 COMPLETION DATE: Ci I L`t I{rJ 9. TOTAL COMPENSATION:$ $ZOO } .$5 0 -.1)16 O O. of) (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 0 NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY PURCHASING: PLEASE CHARGE TO: o01 - 1 2-00 - 352 - 513 - 2_3 - `1 to 10. DOCUMENT/CONTRACT REVIEW INITIAL'/DATE REVIEWED INITIAL/DATE APPROVED AL o PROJECT MANAGER r/t, (24(/5- o SUPERVISOR LPL 62A 4 A-- o DIRECTOR o RISK MANAGEMENT (IF APPLICABLE) )(LAW DEPT ?V L 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE:*1(5 COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING / o SENT TO VENDOR/CONTRACTOR DATE SENT: ,1 /$J 15 DATE REC'D: 1 24 I(5 o ATTACH: SIGNATURE AUTHORITY,INSURANCE CERTIFICATE,LICENSES,EXHIBITS INITIAL/DAT--SIGNED LAW DEPT 1,(2�,C. 1�0..i SIGNATORY(MAYOR OR DIRECTOR) �Li!3 / X CITY CLERK / vfiZ :-i . ASSIGNED AG# AG# ��r��i�6' SIGNED COPY RETURNED DATE SENT: 11 IMA o RETURN ONE ORIGINAL COMMENTS: • 7 ^ __ ,.... af-R. L vw�c on. ,,r vl e(9€- . �) . I. •• ■ .'• I .. . _.� ■!.r -- i •• •..L�' OA W1 ' lIJ'e,. 7 I 11/9 CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cltyoffederalway.com 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 Wendy Ray, 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 June 1, 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 her 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 33325;. Federal Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253)835-7000 www cityoffedere!way.com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: By: A ;,�riI 4 �I�I1 l . Jo ►button, Par. . : rector (0% • erk, Stephanie Court g CMC DATE: 7/Z 8/1( APPROVED AS TO FORM: C.J-'`-- „co-/City Attorney, Amy Jo Pearsall ARTIST: I By: ficky--Wendy R Artist DATE: -7- 13 - I 'D STATE OF WASHINGTON ) ss. COUNTY OF ) On this day personally appeared before me, "N ø-.. U ,to me known to be the individual described in and who executed the foregoing insttiment,aria 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 VD day of , 20(; `\.\‘""Ititif_ Notary's signature - _.:�5 �....WC*,'irrfi�r Notary's printed name �1\CAA-6l•� u,g 3a.e.„ ..ay, toArMis ` ',, Notary Public in and for the State of Washington. - rn _ o o, My commission expires \T)- °1-\ ° -n %p `T t Y a"� et)_ ! b1 -v `ii 8 c, O AMENDMENT - 2 - 1/2015 1 4%66 CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 i wwcrtyotfederahvaycorn EXHIBIT B-1 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Artist an additional amount not to exceed FIFTY and NO/100 Dollars ($50.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed TWO HUNDRED FIFTY and NO/100 Dollars ($250.00). AMENDMENT - 3 - 1/2015 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIv: PARKS 2. ORIGINATING STAFF PERSON: hO,.V I A G,GYhO\n 5 EXT: L9 41 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 (AG #): ❑ INTERLOCAL X OTHER i _nr,.MP4 Nr3- 5. PROJECT NAME: 6. NAME OF CONTRACTOR: j��P u. Q-'m ADDRESS: it 5(e 51 41, nt F f ib.. rv, $ b `I2 TELEPHONE: 25?� '( 3j r3 -''1 2-1 i{ E -MAIL: w FAX: SIGNATURE NAME: u G h A \ TITLE: 7. EXHIBITS AND ATTACHMENTS: SCOPE, WORK OR SERVICES )( COMPENSATION El 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: 5 ` 20 b 5 COMPLETION DATE: Q I 1-\ I l5 9. TOTAL COMPENSATION: $ Z-06 . Ob (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, $ ❑ PURCHASING: PLEASE CHARGE TO: Db 1 - 1 ZOO s 6'6-4 - 9-13 - Z3 •- 4 10 10. DOCUMENT/ CONTRACT REVIEW ❑ PROJECT MANAGER ❑ SUPERVISOR ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) 12. CONTRACT SIGNATURE ROUTING INITIAL/ PATE REVIEWED ov 3ra /lS' (s COMMITTEE APPROVAL DATE: ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 5 J (a I t 5 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL/ DATE SIGNED LAW DEPT [� SIGNATORY (MAYOR OR DIRECTOR) 7 CITY CLERK _(e ASSIGNED AG # AG# . IS- 113 SIGNED COPY RETURNED DATE SENT: C,242,115- ❑ RETURN ONE ORIGINAL OF I COMMENTS: -* & * �� 1; zP ,'In le.k 6 4 k PAID BY. ❑ CONTRACTOR ❑ CITY INITIAL/ DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D:_ Z-L 15 1/9 CITY OF CITY HALL 33325 Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederahvey. 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 Wendy Ray ( "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: Wendy Ray 1156 570' Drive SE Auburn, WA 98092 253- 735 -4274 (telephone) wendygr@comcast.net CITY OF FEDERAL WAY: Bophary Du 876 South 333rd Street Federal Way, WA 98003 -6325 253- 835 -6928 (telephone) .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 19, 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 employment, nor to pay any social security or other tax which may arise as an incident of employment. The Artist LOANED ART AGREEMENT — Single Artist 1 - 1/2015 CITY OF CITY HALL A** 33325 Federal Way Feder 8th Avenue South 003 Federal Way, WA 98003 -6325 (253) 835 -7000 www. atyoflederaiway com 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 ,�SCITY OF � Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cjW ederalway. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY Jo tton, Parks D' ector DATE: r �/ ARTIST By: Printed Name: OtrdtA Title: k +is DATE: • �5-- 11 - I ; ATTEST: -VV IV ity ClUrk, Stephanie Courtne , C APPROVED AS TO FORM: . O(City Attorney, Amy Jo Pearsall STATE OF WASHINGTON ) ) ss. COUNTY OF n ) On this day personally ap eared before me, M " Y) G� , to me known to be the individual described in and who executed the foregoing ins rument, ana on oat wore 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 JAI��1ay of , 20J5 �p sivi.& °1►nll ,tea d e'0i3O =S�v 4b iii: i -Z 56 ^ ' 2 n$D: 'G) o u, - s (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires 'r LOANED ART AGREEMENT — Single Artist - 3 - 1/2015 Federal Way EXHIBIT "A" ART TO BE DISPLAYED Title Price Ahead of the Storm $95.00 High Meadow $350.00 Blue Poppies $375.00 "Cha Cha" $225.00 A Quiet Corner $350.00 In Flight $225.00 A Grand View $225.00 Willow, Plein Air, Fort Dent Park $195.00 Copper Pot $250.00 An Interesting Find $250.00 Intrigued $350.00 Friends $225.00 Resilient $85.00 Feeding the Ducks, Fort Dent Park $225.00 Lilacs in Silver $60.00 A Breeze Needed $55.00 Crow $125.00 Crow $125.00 Crow $50.00 Feather $125.00 Bonsai $750.00 LOANED ART AGREEMENT — Single Artist - 4 - CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. crryoffederaMay. com 1/2015