AG 18-125 ' RETURN TO: EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: [ C C
2. ORIGINATING STAFF PERSON:TWe(L EXT: �j a I 3. DATE REQ.BY:
4. TYPE OF DOCUMENT(CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ)
❑ PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/CDBG
❑ REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS)
❑ ORDINANCE 0 RESOLUTION
O CONTRACT AMENDMENT(AG# : 0 INTERLOCAL
IX-OTHER L tei + reQyl�lPy1�-
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5. PROJECT NAME: :,. - Attlit`ti •. 4t at A Q _
6. NAME OF CONTRACTOR: ii as.- L. i, - I,
ADDRESS: i 11.E -✓irai ..':Y� TELEPHONE O ?31, `
E-MAIL:
0
SIGNATURE NAME: / taw NI03ey'c, TITLEFAA1
S
7. EXHIBITS AND ATTACHMENTS:SscOPE,WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL
OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: upon exec l.)lf
COMPLETION DATE: 30,ktui y' t/"�'� l
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
RETAINAGE: RETAINAGE AMOUNT: 0 RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT/CONTRACT REVIEW INITIAL/ ATE REVIEWED INITIAL/DATE APPROVED
O PROJECT MANAGER �—/9 fag I 1g
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW
11. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
12. 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.)
INITIAL/DATE SIGNED
l LAW DEPARTMENT /15 2-4 59. 2B T 7
I$�SIGNATORY(MAYOR OR DIRECTOR) vizil,,r VT CITY CLERK
pISP ASSIGNED AG# AG# Udj 1 a_11)4,
7r SIGNED COPY RETURNED DATE SENT: (C,. :‘Sk j
COMMENTS:
1/20 R
CITY OF CITY HALL
33325 8th Avenue South
Federal Way Federal Way.WA 98003-6325
(253) 835-7000
wwwcityoffederalway corn
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 Michael Najera ("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:
Name: Michael Najera c/o Cassie Swan
Address: 18105 SE 254th St 876 South 333rd Street
Covington, WA 98042 Federal Way, WA 98003-6325
(253) 835-6928 (telephone)
Telephone Number: (253) 331-9582 (253) 835-6929 (facsimile)
Email: palewater92@gmail.com Cassie.swan@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,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 4th, 2019 ("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. 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.
LOANED ART AGREEMENT—Multiple Artist - 1 - 9/2018
A
„Nth, CITY OF CITY HALL
3332Federal Vila Feder 8th Avenue South003
Y Federal Way. WA 98003-6325
(253) 835-7000
tv%n1 citvoffederalwaycorp
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. Damat a 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.
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 - 9/2018
•
. ` CITY OF CITY HALL
33325
Federal Way Feder 8th Avenue South
Federal Way. WA 98003-6325
(253) 835-7000
wwil I1tvofecer /I.vav corn
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY ATTEST:
John Hutto arks ector C C erk, Stephanie Courtn;4 CMC
DATE: g ,4 L/%s APPROVED AS TO FORM:
2..........e. /204),...i.„
City Attorney, J. Ryan Call
ARTIST
By: fvfrLj
iyi r t.
J
Printed Name: MIG1.1G,el No-jerw
DATE: 4-11- 1
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me, ACY40 N e o._ ,to me known to be the
individual described in and who executed the foregoing instrumented on oath swore that he/she/they executed the
foregoing instrument as hisIl er/their free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN my hand and official seal this 1 day of ken/ 7' -�
Or-1(7w. 1 ,_,_Ali
,,,PLlJCi ,j/,,,� (typed/printed name of notary)
,, 4swA,r� ,� Notary Public in and for the $tate o Washington.
+oR ,'; � My commission expires U f/0q/a`
(:rT :
w$
/1 -V SO17„1a091* �C19
/lilt”1`WASN\\\��
LOANED ART AGREEMENT—Multiple Artist - 3 - 9/2018
CITY OF CITY HALL
Ahii. Wa 33325 8th Avenue South
Federaly Federal Way.WA 98003-6325
(:253) 835-7000
w.1,11,crtvoffederahvay:com
EXHIBIT "A"
DISPLAYED ART WORK
Art Work Title: 1. Le Mon Dre'&c
Artist's Valuation: iii a;
Art Work Title: 2. Stee.410ih bC U-tA}•
Artist's Valuation:
LOANED ART AGREEMENT—Multiple Artist - 4 - 9/2018
Trisha Plucknett
From: Mike Najera <palewater92@gmail.com>
Sent: Thursday, September 20, 2018 3:52 PM
To: Cassie Swan
Cc: Trisha Plucknett
Subject: Re:Arts Alive Exhibit
Confirmed!
On Thu, Sep 20, 2018, 2:38 PM Cassie Swan<Cassie.Swan@cityoffederalway.com>wrote:
Hello!
A big thank you to all of you who submitted artwork for our Arts Alive program last week. You are receiving
this email because your work was selected to be included as part of the "Arts Alive Gallery" currently at City
Hall, on display through January 2nd.
IMPORTANT: There was an incorrect date (2018, "last year")printed on the first page of the "Loaned Art
Agreement"that you completed and we need to have you see the attachment to this email. Please send me an
email acknowledgment that you agree to the updated date, and received the amended page with the
corrected date, asap.
As you may have read on the application,pieces will be selected and awarded as "Juror's Choice," "Arts
Commission's Choice," and"People's Choice." People's Choice ballots are available now at City Hall and
voting goes through October 31st
Stay tuned for more information regarding the Arts Alive reception taking place on October 16th where you
will be invited to a special reception prior to being acknowledged at the City Council meeting that evening.
Please let me know if you have any questions,
Cassie Swan
Recreation Coordinator,Cultural Arts&Community Events
1
Federal Way Community Center
253-835-6928 OFFICE
cassie.swan a(�cityoffederalway.com
Connect with us online:
www.itallhappenshere.com
2