AG 19-080 I I RETURN TO: EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: iu C L
2. ORIGINATING STAFF PERSON: 1 �1 EXT: ��Z3. 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�MENNDMEN1(AG#): , ❑ INTERLOCAL
OTHER L c nw �\ ' 1,t" A s YEy tY"��len _
_[l
5. PROJECT NAME:5 te_, 14 ` I Ari- 5
6. NAME OF CONTRA R: ,� _ !ice P411.a j_
ADDRESS:)[ -O;+ F ;( A sittl,044TELEPHONE
E-MAIL: FAX:
SIGNATURE NAME:�� t \JA� G� TITLE i 1 t
7. EXHIBITS AND ATTACHMENTS:COPE,WORK OR SERVICESXCOMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ALL
OTHER REFERENCED EXHIBITS /❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: won, � j � COMPLETION DATE: A i��-r 1 9( 0/019
9. TOTAL COMPENSATION$ 0,901 00 (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: (t,—VD
J
10. DOCUMENT/CONTRACT REVIEW INITIAL/p ATE REVIEWED INITIAL/DATE APPROVED
❑ PROJECT MANAGER C 14 / ) /19
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW Z9 /4r> 2°19
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 -,/ ?A
`96.SIGNATORY(MAYOR OR DIRECTOR) e:�, /{2l f 01
-CITY CLERK 5 I 1
❑ ASSIGNED AG# AG#
❑ SIGNED COPY RETURNED DATE SENT: 5•Z ICI ,r[�.
COMMENTS: �"'�+
1/2018
1 rr of CITY HALL
Federal Vy 33325 8th Avenue South
Federal Way,WA 98003-6325
(253)835-7000
www d[yo0!'ederalway.cons
LOANED ART AGREEMENT
FOR
SINGLE ARTIST ART SHOW
This Loaned Art Agreement("Agreement")is made between the City of Federal Way,a Washington municipal
corporation ("City"), and Gerardo Pena ("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:
Gerardo Pefia Cassie Swan
4014 East F St 876 S 333rd St
Tacoma,WA 98404 Federal Way,WA 98003-6325
(253)835-6928(telephone)
(253)213-9755(telephone) (253)835-6929(facsimile)
perikotheartist@gmail.com cassie.swan •ffedasiwa .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, lignof Act13rorJc. 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. DIsnlav: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
's
5 2019 `Term').
This
Art Work, which date shall be no later than August 15,continue until removal of the
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. ComnensatIon. 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.
WANED ART AGREEMENT-Single Artist -1-- 3/2017
CITY OF ciry HALL
Federal Way 33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
wwwcityorredernhrry.c0re
6' Ipdenendent Artist/Conflict of Interto t.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 mayprovide 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. Pomo.to Art Work.In the event the Art Work is damaged,other than by normal wear and tear,while itis
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 wow and a
t
of objective value of such Art Work,preferably to be accompanied by an appraisal.For ArtWork and bol
than Twenty-Five Thousand and No/100 Dollars($25,000.00),the Artist hereby agroes to indemnify
City,its elected officials,officers,employees,agents,
and volunteers harmless from any and all claims,demands,
damage toart work,losses,actions and liabilities(including costs and all attorney fees)in excess of$25,000.00 to or
byany and all persons or entities arising from,resulting from,or connected with this Agreement.At the end of the
Term, the Artist shall tyramine 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 ofthis Section shall survive the expiration or termination ofthis Agreement with respect to any
event occurring prior to such expiration or termination.
9. Publlfitv/Promottgf.The City shall have the right to publicize or promote the Art Work in any manner.All
publicityand 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 anymatter
covered or mentioned in this Agreement.Noprovision of this Agreement maybe amended or modified except by
�m �m
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.Anyprovision ofthis 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
)f any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney,
>r files a lawsuit,each Party shall pay all its own attorneys' fees,costs and expenses. The venue for any dispute
elated to this Agreement shall be King County,Washington. Failure of the City to declare any breach or default
mmediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such
►reach or default Time is of the essence of this Agreement and each and all of its provisions in which performance
a factor.
AANED ART AGREEMENT—Single Artist -2 3/2017
400 CITY OF CITY HALL
Federal
33325 8th y
Way Federal Way..WA WA South
98325
(253)835-7000
www,crryolfederalway.com
IN WITNESS,the Parties execute this Agreement below,effective the last date written below.
CITY OF FEDERAL WAY: ATTEST:
/ _
Jo / - 41VT 011 °
t S e Courtney,CMC,Ci erk
DATE: 5//4-04 4), APPROVED AS TO FORM: /
&71:;_, kr-
P-1 )1L'---
J.Ryan Call,City Attorney
ARTIST: `r
By: nu....ir:
Gerardo Perla,Artist
DATE: S! 6i( /
STATE OF WASHINGTON )
)ss•
COUNTY OF Piaci— )
On this day personally appeared before me,Gerardo Pefla,tome 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
act and deed for the uses andtherein mentioned.
his/her/their free and voluntary purposes
c)r
GIVEN my band and official seal this u ,day of, fl 20to
/le/ /.‘ -'d
JOCELYN BARBERn j3 A',
NOTARY PUBLIC#206404 (typed/printed ame of notary)
STATE OF WASHINGTON Notary Public in and for the State of Washington.
MY COMMISSION EXPIRES My commission expires 63-08-23
03-08-23
LOANED ART AGREEMENT—Single Artist -3 - 3/2017
CITY of CITY HALL
Federal W Feder 8�WA 98003-6325
ue South
Federal
(253)835-7000
www.atynffederaiway,com
EXHIBIT"A"
DISPLAYED ART WORK
LOANED ART AGREEMENT—Single Artist -4- 2/2017
• APT or
Federal Way
ARTS COMMISSION
Gallery Contract Information
Applicant information:
Name:
Gerardo Pena
4014 East F St
Address:
Tacoma, WA 98404
City &State: Zip:
Work Phone: 253 213 9755 Home Phone:
E-Mail Address: perikotheartist@gmail.com Fax:
ARTWORK TITLE MEDIUM SIZE YEAR VALUE
1. Goddess Of Power acrylic on canvas 36" x 48" 2018 $950.00
2. Don Pedro acrylic on canvas 24"x 36" 2018 $850.00
3. Desperation acrylic on canvas 24"x 36" 2018 $850.00
4. Nosebleed acrylic on canvas 24" x 24" 2018 $300.00
5. Separation Of Families acrylic on canvas 26" x 40" 2018 $350.00
6. That's America Folks acrylic on canvas 20" x 15" 2018 $280.00
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