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AG 17-1031 1 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT. /DIV: r W� ORIGINATING STAFF PERSON: 1` P(LtelArleif TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRACTAMEAN,DM NT (AG #): IA. OTHER LoO.n�, Art . PROJECT NAME: NAME OF CONTRAC ADDRESS: E -MAIL: SIGNATURE NAME: Anne b4-- 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 41+ Show TELEPHON FAX: TITLE A t- EXHIBITS ANDATTACHMENTS:Y.SCOPE, WORK OR SERVICES XCOMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS TERM: COMMENCEMENT DATE: 3ux►e . ' oon TOTAL COMPENSATION $ .00 COMPLETION DATE: Sz -`'"-_'' _' 1,1 00 P (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: PAID BY: ❑ CONTRACTOR ❑ CITY ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDE ❑ PURCHASING: PLEASE CHARGE TO: O' ^ 120CY'- :T-.)UI -S.33 -c73-1116 0. DOCUMENT /CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT OF APPLICABLE) ❑ LAW INITIAL / DATE REVIEWED •• 5Ite(U - —. c 5 I 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: ❑ 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# ❑ SIGNED COPY RETURNED ;OMMENTS: INITIAL / DATE $ICS EED FV-c, 6. IC �I X5(3' AG# 1� -103 DATE SENT: Co '(j • I-} CITY OF "�. Federal Way LOANED ART AGREEMENT FOR SINGLE ARTIST ART SHOW CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 i,vww cityaffecIeraIway co!n This Loaned Art Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Anne Doane ( "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: Anne Doane 1422 118th Street South Tacoma, WA 98444 (253)538 -7220 (telephone) annedoanefineart@gmail.com CITY OF FEDERAL WAY: Bo Du 33325 8'" 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 September 13, 2017 ( "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 Tenn, 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 CITY OF 411.! Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 i•tww. cilyoffecIeratway.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 CITY OF ti. Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 wv✓w cityoffederalway_com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Hutton, Parks D DATE: b/s//7 ARTIST: By: Anne Doane, Artist DATE: 531 /l7 STATE OF WASHINGTON ) ss. COUNTY OF 7 /tick. ATTEST: S ep anie Courtney, CMC, y Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me, Anne Doane, 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 J/ day of Vv( d CYNTHIA S. CONCEPCION Notary Public State of Washington My Commission Expires A u$t 16, 2018 4 LOANED ART AGREEMENT — Single Artist i 20 /7 07) (J (typed/printed name of ndtary) Notary Public in and for the State f Washington. My commission expires y f -am /6), 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: cif yoffecteralway: com ARTWORK TITLE MEDIUM SIZE (Height x Width) YEAR VALUE 1. Winter Camellia Blossom Watercolor 19.5" x 23.5" 2015 $150 2. Chambers Bay Sunset Oil 18.75" x 22.75" 2015 $180 3. The Faraglioni, Capri, Italy Oil 23.25 x 19.25" 2015 $150 4. Forest Path Pastel over Watercolor 16.75" x 13.75 2014 $80 5. A Day at the Beach Oil 19.5" x 24" 2015 $250 6. The Old Shack Oil 20" x 24" 1999 $440 7. Campobasso, Italy Oil 17.5" x 14.5" 2015 $250 8. Stairway near Blue Grotto Oil 14.5" x 17" 2015 $250 9. Winter Calm Oil 20" x 24" 2015 $150 10. Manzanita, Oregon Oil 19.5" x 23.5" 2015 $130 11. Fall at Fort Steilacoom Park Oil 13" x 25" 2017 $180 12. Rock Impressions, Oregon Coast Oil 20" x 24" 2015 $180 13. Water Lilies Oil 12" x 16" 2015 $110 14. Decision Oil 20.5" x 24" 2015 $250 15. Wheat Field, Italy Oil 14.5" x 14.5" 2016 $130 16. "Good Morning" Acrylic on Mineral Paper 17.5" x 15" 2017 $110 17. Wild Spirit Oil 17" x 13" 2016 $450 18. Tulips and Rain Clouds Watercolor 19.5" x 23.5" 2017 $175 19. Blue Heron at Wapato Lake Oil 19.5" x 23.5" 2017 $200 20. The Old Covered Bridge Acrylic 19.5" x 23.5" 2015 $130 21. Bright Roses, Dark Shadows Watercolor 17" x 17" 2017 $150 22. View from the Den Acrylic on Mineral Paper 14.5" x 18.5" 2017 $225 23. Wonderful Washington Symbols Watercolor 19.5" x 23.5" 2014 $110 24. Rose Arbor at Point Defiance Park Watercolor 19.5" x 23.5" 2014 $100 25. Mount Rainier Scenic Railroad Oil 13" x 17" 2016 $550 26. Alder Lake, Elbe, WA Oil 20" x 24" 1999 $500 27. Montana Stream Oil 19.5" x 23.5" 2005 $120 LOANED ART AGREEMENT - Single Artist - 4 2/2017