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AG 18-141 I I RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: 'F(,),3 CC 2. ORIGINATING STAFF PERSON: PIP Li 1 % EXT: (.Q l (9 l 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 A^^`MnnENDMENAT�t(AG# : ❑ INTERLOCAL OTHER Lowe., 4(4AA 1`eti3"itiJ t# 5. PROJECT NAME: ole A .4„, Auxi } Skow 6. NAME OF CONTRACTOR: 44 t • • A'_�_ ' , �y ADDRESS: ._ / ,L:. . 1 ���O#i l %��Col3i. TELEPHONE �•�4F1411, E-MAIL: FAX: SIGNATURE NAME:Ma9ye SYS\elq TITLE Amts+ 7. EXHIBITS AND ATTACHMENTS: COPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: upon execuction COMPLETION DATE:30, lusoN,/ Lt I 0::)19 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: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL/ REVJEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER C'41 i 9P4 II) 7-DIRECTOR 10/17/0> ❑ 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 ❑ LAW DEPARTMENT air I d Qc"f 7.01 g ❑ SIGNATORY(MAYOR OR DIRECTOR) /1 ❑ CITY CLERK \1 tIVet ❑ ASSIGNED AG# AG# ❑ SIGNED COPY RETURNED DATE SENT: 10•M.l% "r/ COMMENTS: 1/2018 ` 4111046, CITY OF CITY HALL 33325 8th Avenue South Federal Way 2 3)ral Way.WOA 98003-6325 www crtyoffederalway com 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 Margie Sheeley ("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: Margie Sheeley c/o Cassie Swan Address: 821 Paramount Dr 876 South 333rd Street Enumclaw, WA 98022 Federal Way, WA 98003-6325 (253) 835-6928 (telephone) Telephone Number: (253) 797-6682 (253) 835-6929 (facsimile) Email: ramsheeley@,msn.com Cassie.swan@cityoffederalway.corn 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 ` CITY OF CITY HALL „�...- 33325 8th Avenue outh Federal Way Federal V'day, 1NA 980038003 -6325 C253)i 835-7000 cit°foffed€rofwav corn 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 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 against Artist's agreement that the Art Work is in good condition and waiver of any and all claims g ams 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 4 1 • Iiiix CITY OFCITY HALL .- Federal VVay33325 8th Avenue South 1�11 Federal a} WA 98003O3 -6325 253 i 535-7000 i,-,,ii Mvoffederahtat'corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: 1 .4, OP 6 - 0 ri or 1 , i , John Hutton, Parks D ector C erk, Stephanie Court 6 CMC DATE: lbill I (t' APPROVED AS TO FORM: ..,,,:.. 4.4.eitu_. for City Attorney, J. Ryan Call ARTIST By: a,� -e-e. Printed Name: /,7/9/ / a ",EL1.=.:X DATE: / , o/5:1 ...,...-42.1- STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me, /1 5e1 ,to me known to be the individual described in and who executed the forego*instrument,and oil oath swore that he/she` eyexecuted the foregoing instrument as k her/4eir-free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this I day of fiber 20108-- '� G' It �— 91 ,,lib 4.,��y�P PIUC�/i,,j (typed/printed name of notary) 4c-_r` �9'N44q,„ ey, Notary Public in and for the 5 to of/Washington. +°T'�q =.• c A , -� My commission expires it/C9 o7 a t fc,(pi As ..; -4 t% GesoCo .i.: :: ii1h OL.11 WASN�vG; LOANED ART AGREEMENT—Multiple Artist - 3 - 9/2018 CITY OF CITY HALL 44k33325 8th Avenue South �, Fe d e ra I Way Federal',fay, WA 98003-6325 (253) 835-7000 vrtw c tvofkadelotivay_c:on EXHIBIT "A" DISPLAYED ART WORK / � � 7 Lti Art Work Title: 1. eR z ARE M 6a4 Nf Artist's Valuation: 1. jo© Art Work Title: 2. b ME- OA) -r/1 E PA Artist's Valuation: 2. .5 D LOANED ART AGREEMENT—Multiple Artist - 4 - 9/2018 Trisha Plucknett From: Cassie Swan Sent: Monday, October 15, 2018 1:35 PM To: Trisha Plucknett Subject: FW:Arts Alive Here you go! Cassie From: Margie Sheeley [mailto:ramsheeley@msn.com] Sent: Monday, October 15, 2018 11:54 AM To: Cassie Swan Subject: Re: Arts Alive Hi Cassie, I agree to the change made of the date made on the Arts alive agreement. Hope to see you tomorrow. Sent from my Verizon. Samsung Galaxy smartphone Original message From: Cassie Swan<Cassie.Swan@cityoffederalway.com> Date: 10/15/18 9:29 AM (GMT-08:00) To: "'ramsheeley@msn.com"' <ramsheeley@msn.com> Subject: Arts Alive Hi Margie, Can you please let me know you agree to the updated terms of the Arts Alive Agreement by responding to this email? 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. Also,We have a reception tomorrow evening we would love your attendance to at City Hall from 6:30-7:30pm on the second floor. A small reception and then a quick recognition of the winners and participants. I am attaching the invitation for you to see and look forward to seeing you tomorrow. Thank you, Cassie Swan Recreation Coordinator, Cultural Arts&Community Events Federal Way Community Center 253-835-6928 OFFICE Cassie.swanacitvoffederalway.com Connect with us online: www.itallhappenshere.com 1 CITY OF CITY HALL oraw,. .-„...„. Federal AIay33325 8th Avenue South Federal South 6325 1253} 835-7000 t5 ill:C'tiy0!fEoerditvavCOQT LOANED ART AGREEMENT FOR MULTIPLE ARTIST/3URIED ART SHOW This Loaned Art Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation("City"),and /Y7/9,‘iE ("Artist"). The City and Artist(together"Parties")are located and do business at the below addresses which Mall be valid for any notice required under this Agreement: ARTIST: CITY OF FEDERAL WAY: Name: 17/ftd//l" (69 hit-4"-L. y c/o Cassie Swan Address: F,R / /7,z,E,4 876 South 333rd Street 'ko pn Ge 1i2-&i, /J,¢ 92z Federal Way, WA 98003-6325 (253) 835-6928 (telephone) Telephone Number: .675 - 7}7 - ,'2 (253) 835-6929 (facsimile) Email: ra-'i e e g /yr gw e©m 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 CITY OF CITY HALL iiii, Federal VVay33325 8th Avenue South �" Federal Ways.'a'NIA 98003-6325 1253} 835-7000 tv,4nt crtyoffeciera/wa,cCorn 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 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