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AG 17-0971 1 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM . ORIGINATING DEPT./DIV: C ORIGINATING STAFF PERSON: PtUCXiift • TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G, ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE `CONTRACT AMENDMENT (AG #): 11- (Al ❑ OTHER EXT: 3. DATE REQ. BY: RFB, RFP, RFQ) ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL PROJECT NAME: S' NAME OF CONTRACTOR: A i.41 ., t:-.1.1.2t ADDRESS: Pp- sr_ ..aLi! t. ■ TELEPHONE E -MAIL: FAX: SIGNATURE NAME: A , SQdve�e.au TITLE EXHIBITS AND ATTACHMENTS:ISCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS TERM: COMMENCEMENT DATE: /4(444* Vol 07)11 COMPLETION DATE: Jonuos4 tO I p9 10I, TOTAL COMPENSATION $ OSrYlp,\ (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, $ RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDE ❑ PURCHASING: PLEASE CHARGE TO: CO-12n — 2-S73-073-11(0 PAID BY: ❑ CONTRACTOR ❑ CITY 0. DOCUMENT /CONTRACT REVIEW ROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) INITIAL / A REVIEWED INITIAL / DATE APPROVED Pa/ -/ -/ ❑ LAW 2Z Juae 2017 1. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) ❑ DEPARTMENT 9NOMGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED :OMMENTS: INITIAL / DATE SIGNED Precleral Way AMENDMENT NO. 1 TO LOANED ART AGREEMENT FOR SINGLE ARTIST ART SHOW CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cityoffederalway.com This Amendment ( "Amendment No. 1 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and A. Sadie Reneau, a sole proprietor ( "Artist "). The City and Contractor (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 May 31, 2017, as follows: 1. AMENDED LOAN OF ART WORK. The works of art, as described in Exhibit A and as referenced by Section 1 of the Agreement, shall be replaced with the works of art described in Exhibit A -1 attached hereto and incorporated herein by this reference ( "Art Work "). 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. AMENDMENT [Signature page follows] 1 3/2017 Vecferal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cltyoffederalway corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: Jim Fe DATE: e ' eneau, Artist STATE OF WASHINGTON ) COUNTY OF Kthl ) ss. ATTEST: S p Courtney, C • City Clerk anie Cou APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me, A. Sadie Reneau, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that she executed the foregoing instrument as her free and voluntary act and deed for the uses and purposes therein mentioned. ' GIVEN my‘ d*.offcial seal this 11,14 day of Jay 1. _roe D ssss kr ♦ Notary's signature ti I.* to 'Q' Notary's printed name W St' Inun.~ O. �U %0 - • - a' Notary Public in and for the State of Washington. cn�''# us0 0 = My commission expires 0'j -3-1 -3-1 1111, Q„W Acs ∎-• , 20 17 AMENDMENT - 2 - 3/2017 Federal Way EXHIBIT A -1 DISPLAYED ART WORK CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www crtyoffederalway.. com ARTWORK TITLE MEDIUM SIZE YEAR VALUE 1. BOSS BASSMEN PHOTOGRAPHY 11 X 22 $150 2. FEMME' FATALE 16 X 13 $145 3. VIOLIN/PIANO DUO 14 X 17 $150 4. CASANOVA '14 X.16 $150 5. ACOUSTIC ALCHEMY 11 X 15 $135 6. PORTRAIT OF A GUITARMAN JERRY MILLER of MOBY GRAPE 11 17 X 13 $175 7. JAZZ DUO 12 X 15 $145 8. TANGLED UP IN BLUE 11 X 13 $ 95 9. MIDNIGHT TRAIN TO MEMPHIS 1, 10 X 16 $135 10. BASS /GUITAR DUO 15 X 17 $150 11.RHYTHM ACES 16 X 13 $150 12 .ELECTRIC GUITARMAN - JERRY MILLER of MOBY GRAPE II 19 X 15 $185 13. KEYED UP 18 X 22 $150 14. CORMORANT TOTEM MIME 31 X 28 $200 15. MAJESTIC MT. RAINIER at PORT of TACOMA, WA II 26 X 22 $225 16. PINWHEEL PARODY - City of Puyallup WA ., 22 X 17 $165 17. WINE, GRAPES, HEARTS 11 17 X 15 $150 18. 12TH MAN WINE I, 17 X 15 $150 19. HOGWASH - Pioneer Farm Museum, Eatonville, WA ii 23 X 19 $175 20. RUST IN PEACE -'37 Plymouth " 22 X 18 $200 21. RIPPLES HAVE RIDGES - Mineral Lake, WA 1, 21 X 17 $175 22. MAPLE MAZE 22 X 18 $175 23.CROOKED BEACH ROAD ii 15 X 18 $165 24.SUPER STREETRODS i, 16 X 20 $185 25.TWIGGY 16 X 18 $200 26. STEEPLE CHASE 10 X 20 $150 27. TYEE MARINA - Tacoma, WA I, 16 X 13 $175 28. SPACY NEEDLE - Seattle, WA 15 X 19 $165 29. FOUR ROSES 11 X 13 (X 4) $150 30. STADIUM HIGH - Tacoma, WA 13 X 16 $175 31. CASEY'S CABOOSE - Elbe, WA 18 X 23 $175 AMENDMENT 3 3/2017 'A_ Vecleral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway. com 32. NARROW ESCAPE- Tacoma, WA t. 22 -1/2 X 18 -1/2 $175 33. DRIFTWOOD COUSINS - Rialto Beach, WA ,1 23 -1/2 X 11 -1/2 $145 AMENDMENT 4 3/2017 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT. /DIV: �O, ORIGINATING STAFF PERSON: ift� , 171. EXT: 3. DATE REQ. BY: 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 AMENDDMENT4AG #): ❑ INTERLOCAL C OTHER jjt``r�'`"`fue VVrr PROJECT NAME: 5 _ -- e� A-r� - Aft % 9Uj NAME OF CONTRACTOR: A . 11 ‘ e f g ' A. ADDRESS: • . �_y R IMAM i� IIMISS: TELEPHONE E -MAIL: FAX: SIGNATURE NAME: A , 5(,-e v?r1eak3,. TITLE A( . EXHIBITS AND ATTACHMENTS:iSCOPE, WORK OR SERVICES `Vt.COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS TERM: COMMENCEMENT DATE: A (A4 ((Q 0,6 V7 COMPLETION DATE: )(1j, \ to l 90 kg TOTAL COMPENSATION $ a (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, $ RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDE ❑ PURCHASING: PLEASE CHARGE TO: a0 \-1 0 1 0 " 9 — S-73-0-31 1 0 PAID BY: ❑ CONTRACTOR ❑ CITY 0. DOCUMENT /CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW INIT / DAT REVIEWED �t- /A0 0-- 5 3Ia 1. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: 3) ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) ❑ LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AG# ❑ SIGNED COPY RETURNED DATE SENT: INITIAL / DATE I NED ;OMMENTS: /1Al7 Federal Way LOANED ART AGREEMENT FOR SINGLE ARTIST ART SHOW CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway. com This Loaned Art Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and A. Sadie Reneau, a sole proprietor ( "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: A adie'keneau P.O. Box 233 Milton, WA 98354 (253) 841 -3996 (telephone) sadie.hawkins@hotmail.com CITY OF FEDERAL WAY: Bo Du 33325 Bch Ave. S. Federal Way, WA 98003 -6325 (253) 835 -6928 (telephone) (253) 835 -6929 (facsimile) bo.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 January 10, 2018 ( "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 - 3/2017 Vecleral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway.. 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. 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 3/2017 Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www.cityoffederalway.com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Ii■ ,74•7I John/ tton, Par rinitector DATE: 5 % t bi ARTI ATTEST: St Ifivia) nie Courtney, CM ity Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney By A. Sadie'Reneau X41 STATE OF WASHINGTON ) ) ss. COUNTY OF On this day personally appeared before me, A.'Sadi &Reneau, 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 19 d. y of , 20 ri." (typed /prin ed name of notary) Notary Public in and for the St to of Washington. My commission expires &/ to I 2011 LOANED ART AGREEMENT — Single Artist 3 - 3/2017 CITY OF �.., Federal Way EXHIBIT "A" DISPLAYED ART WORK CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederalway.. com ARTWORK TITLE MEDIUM SIZE YEAR VALUE 1. BOSS BASSMEN PHOTOGRAPHY 11 X 22 $150 2. FEMME' FATALE 16 X 13 $145 3. VIOLIN/PIANO DUO 14 X 17 $150 4. CASANOVA 14 X 16 $150 5. ACOUSTIC ALCHEMY 11 X 15 $135 6. PORTRAIT OF A GUITARMAN JERRY MILLER of MOBY GRAPE 1, 17 X 13 $175 7. JAZZ DUO 12 X 15 $145 8. TANGLED UP IN BLUE 11 X 13 $ 95 9. MIDNIGHT TRAIN TO MEMPHIS 1, 10 X 16 $135 10. BASS /GUITAR DUO 15 X 17 $150 11.RHYTHM ACES 16 X 13 $150 12 .ELECTRIC GUITARMAN - JERRY MILLER of MOBY GRAPE If 19 X 15 $185 13. KEYED UP 18 X 22 $150 14. CORMORANT TOTEM MIME 31 X 28 $200 15. MAJESTIC MT. RAINIER at PORT of TACOMA, WA 11 26 X 22 $225 16. PINWHEEL PARODY - City of Puyallup WA 11 22 X 17 $165 17. WINE, GRAPES, HEARTS 1, 17 X 15 $150 18. 12TH MAN WINE II 17 X 15 $150 19. HOGWASH - Pioneer Farm Museum, Eatonville, WA ii 23 X 19 $175 20. RUST IN PEACE 22 X 18 $200 21. RIPPLES HAVE RIDGES - Mineral Lake, WA 11 21 X 17 $175 22. MAPLE MAZE ii 22 X 18 $175 23.CROOKED BEACH ROAD 15 X 18 $165 24.SUPER STREETRODS " 16 X 20 $185 25.TWIGGY 16 X 18 $200 26. STEEPLE CHASE II 10 X 20 $150 27. TYEE MARINA - Tacoma, WA 16 X 13 $175 28. SPACY NEEDLE - Seattle, WA 15 X 19 $165 29. FOUR ROSES 11 X 13 (X 4) $150 30. STADIUM HIGH - Tacoma, WA " 13 X 16 $175 LOANED ART AGREEMENT — Single Artist 4 2/2017