AG 15-191RETURN TO:
EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIV: PARKS
2. ORIGINATING STAFF PERSON:BO DU EXT: 6928 3. DATE REQ. BY: 1 O/ / 15
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT
❑ REAL ESTATE DOCUMENT
❑ ORDINANCE
❑ CONTRACT�-AnMEND NT(A #):
OTHER W D � P �G\
et/w\ gvt■
❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ MAINTENANCE AGREEMENT
❑ HUMAN SERVICES / CDBG
❑ SECURITY DOCUMENT (E.G BOND RELATED DOCUMENTS)
❑ RESOLUTION
❑ INTERLOCAL
5. PROJECT NAME :ARTS ALIVE
EX'HrIBBITION
?IA y �y�
6. NAME OF CONTRACTOR: VGA 'rQ.a &�Y)
ADDRESS: Pb • eO" ( 7SSSS Sea , uffi TELEPHONE: 206 ,6/9 /5'g 7
E -MAIL: h4If.smite+ e %}f1-t - ercivt- • COW) FAX:
SIGNATURE NAME: Bel Vi.0 Qel 5i') &t X 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
CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. / /
8. TERM: COMMENCEMENT DATE:9 /24/2015 COMPLETION DATE:01/06/2016
9. TOTAL COMPENSATION: $ (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: 001 7200 352 573 23 410
10. DOCUMENT / CONTRACT REVIEW
❑ PROJECT MANAGER
❑ SUPERVISOR
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW DEPT
INITIAL / DATE REVIEWED
C6 9
INITIAL / DATE APPROVED
11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT:09/23/2015 DATE REC'D:09/23 /2015
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
INITIAL / DATE SIGNED
LAW DEPT
IGNATORY (MAYOR OR<DIRECTOO
❑ CITY CLERK
❑ ASSIGNED AG #
❑ SIGNED COPY RETURNED
❑ RETURN ONE ORIGINAL
COMMENTS:
11/9
LOANED ART AGREEMENT
FOR
MULTIPLE ARTIST /JURIED ART SHOW
This Loaned Art Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal
corporation ( "City "), and Beth Van Faasen Betker ( "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:
Name: Beth Van Faasen Betker
Address:_P. 0. Box 75555
Seattle Washin on 98175 -0555
Telephone Number: 2(06) 619 -1887
Fax Number:
Email: halfsweetAbetkerart.com
CITY OF FEDERAL WAY:
Bophary Du
876 South 333rd Street
Federal Way, WA 98003 -6325
(253) 835 -6928 (telephone)
(253) 835 -6929 (facsimile)
bo.du @cityoffederalway.com
A.
and
B.
The City is interested in borrowing works of art to display at City facilities for the benefit of its citizens,
The Artist desires to loan certain works of art to the City.
The Parties agree as follows:
,.� Federal Way
M.1„
man 6111 anns3�.P
kve, Can CM
1. Loan of Art Work. The Artist hereby agrees to loan, at no expense to the City, 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 January 8th, 2016 ( "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.
LOANED ART AGREEMENT — Multiple Artist - 1 8/2015
5. 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.
6. 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.
7. 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 b Eifd� entities-03'151w
by � �� or 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.
8. 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.
9. 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 — Multiple Artist - 2 -
8/2015
LOANED ART AGREEMENT — Multiple Artist 3
8/2015
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY
DATE:
ARTIST
/e/s-//r
By: U — , —
Printed Name: Beth Van Faasen Betker
DATE: I" 2•S--- /5
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
ATTEST:
John Hutton, Parks Director
City Clerk, Stephanie Courtney, CMC
Federal Way
APPROVED AS TO FORM:
C
City Attorney, Amy Jo Pearsall
T na
5312,6111 4.AnAr 33-0
On this day personally appeared before me, � , /tiy ) y€ s&el �e1/k&( , 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 ois day of
%.111..11.46,11.416,46.46.4646,06.4,..464
Notary Public
State of Washington
MANINDER SINGH
My Appointment Expires Jun 13, 2017
LOANED ART AGREEMENT – Multiple Artist
(typed/printed name . f notary)
Notary Public in and for the State of Washington.
My commission expires j`'"= )3, ))j 7
-4
8/2015
EXHIBIT "A"
DISPLAYED ART WORK
Art Work Title: 1. Minster Lovell
2. Urban Removal
Artist's Valuation: 1. $300.00
2. $300.00
Federal Way
,•Ll.
Mar, SIP A.,. 3a.111
LOANED ART AGREEMENT — Multiple Artist 5 8/2015