AG 18-146 I I RETURN TO: EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: Fwcc.._2. ORIGINATING STAFF PERSON: (�l uC eEXT: �9 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
❑ CONTRATAMEN MEET(AG#): ❑ INTERLOCAL
'`OTHER �� Y Veeweykk--
5. PROJECT NAME: 56(14e •1 er 9y au
6. NAME OF CONTRACTOR: or IL 414 l_ l_ •4 _ _ t/ ,ti _
ADDRESS 33X ¶` A (� ( 9��r� TELEPHONE
E-MAIL: FAX:
SIGNATURE NAME:S sknit-son TITLE v 3 k G`�i. •'•
7. EXHIBITS AND ATTACHMENTS:)scOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ LL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT(/AAMENDMENTS
8. TERM: COMMENCEMENT DATE: uvovk e_)(P -k-KNR COMPLETION DATE:
9. TOTAL COMPENSATION$ NIA (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: J
10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
❑ PROJECT MANAGER C4-- JJ-7- I '
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW 57NO4ZO1g
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 eff l 9 Nov 2o18
❑ SIGNATORY(MAYOR OR DIRECTOR) /,I y!
❑ CITY CLERK / ) tt � L'
2.O
❑ ASSIGNED AG# AG# Ve)—1.11Co
❑ SIGNED COPY RETURNED DATE SENT: ll.ao• V&
VW-
COMMENTS:
1/2018
CITY OF CITY HALL
Nth Federal Wa 333258th Avenue South
�, � Federal W
Way,WA 98003003
-6325
(253)835-7000
www cityoffederalway com
LOANED ART AGREEMENT
FOR
SINGLE OWNER ART SHOW
This Loaned Art Agreement("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Federal Way Public Schools ("Owner"). The City and Owner(together"Parties") are
located and do business at the below addresses which shall be valid for any notice required under this Agreement:
FEDERAL WAY PUBLIC SCHOOLS: CITY OF FEDERAL WAY:
Shawn Simpson Cassie Swan
33330 8th Avenue South 876 S 333rd St
Federal Way,WA 98003 Federal Way,WA 98003-6325
(253) 835-6928 (telephone)
(253)945-2126(telephone) (253) 835-6929(facsimile)
ssimpson@fwps.org 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 Owner desires to loan certain works of art to the City.
Y
The Parties agree as follows:
1. Loan of Art Work. The Owner 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 Owner shall be responsible for the transportation of the Art Work in connection with its
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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 June 28,2019("Term").This Agreement
may be extended for additional periods of time upon the mutual written agreement of the City and the Owner.Prior
to the expiration of the Term,this Agreement may be terminated immediately,with or without cause by the City.
The Owner may cancel this Agreement only upon thirty(30)days' prior written notice to the City.
5. Independent Owner/Conflict of Interest.The Owner agrees that he or she is an independent contractor and
that the City shall be neither liable nor obligated to pay the Owner 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 Owner
shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of
LOANED ART AGREEMENT—Single Artist - I - 3/2017
CITY OF CITY HALL
auk Federal Way
33325 8th AvF96325
South
Federal Way.
7
www.cityrfleder Iweycom
the City,regardless of whether such may provide a secondary or incidental benefit to the Owner,shall not be deemed
to convert this Agreement to an employment contract.
employees,
6. Indemnification.The Owner agrees to indemnify and hold the City,its elected officials,officers,
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,arisingfrom,resultingfrom,or connected with this Agreement to the extent caused by
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the negligent acts,errors or omissions of the Owner or its agents or by the Owner'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 Owner for such damagee 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 Owner 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/l00 Dollars($25,000.00),the Owner 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 Owner shall examine the condition of the Art Work.Owner's acceptance of the return of
the Art Work constitutes Owner'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. 'ci /Promotion.The Cityshall have the right topublicize or promote the Art Work in any manner.All
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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—Single Artist -2 - 3/2017
CITY OF CITY HALL
Federal Wa 33325
Feder 8th Avenue South
Federal Way,WA 98003-6325
�� ,y (253)835-7000
wwwcityofederai aycom
IN WITNESS,the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY: ATTEST:
utto ' rks Director Stephanie Courtney,CM ity Clerk
DATE: li?/` APPROVED AS TO FORM:
P/1"6"4-'14-• far
J. Ryan Call,City Attorney
FEDERAL WAY PUBLIC SCHOOLS:
By: .'C�72/‘ veftto
Sa y Mc n,Chief Finance and Operations Officer
DATE: !/ j y/1 g
STATE OF WASHINGTON )
ss.
COUNTY OF g i n )
On this day personally appeared before me, Sally McLean,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 /'T day of N 't.W0-1I bLr , 2011.
fh Ha,A t 1/4 ik
e 421.5.2
,+++ PStiA AFS (typed/printed name of notary)
,%F+ � fit' eN 4X,� S Notary Public in and for the State of Washington.
4? des - My commission expires C' / 0 40.14
to
NOTARY
Nk PUBLIC ; 2
OF WAST ,+,+
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LOANED ART AGREEMENT—Single Artist -3 - 3/2017
CITY OF CITY HALL
Federal Wa 33325 tF6325
�/ Federa
J3
www cilyvflederelway.com
EXHIBIT "A"
DISPLAYED ART WORK
As part of the Scholar Art in the City program, Federal Way Public Schools will provide the City with
photographs from Decatur High School students to be displayed on the first floor of City Hall in the foyer of the
lobby.The nature and theme of the photographs may vary depending on what is submitted by students. The
artwork will rotate on a quarterly basis.
LOANED ART AGREEMENT—Single Artist -4- 2/2017