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AG 20-024 - Judith Rayl RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: � 2. ORIGINATING STAFF PERSON: t,[^' EXT: 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 '$,CONTRACTAMENDMENT(AG#):�� ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: ry 1 6. NAME OF CONTRACTOR: ADDRESS: TELEPHONE E-MAIL: F SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE r<ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: A0 (] s COMPLETION DATE: 9. TOTAL COMPENSATION$ a0o (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: ate❑RETAINAGE AGREEMENT(SEECONTRACT) OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: m 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISKMANAGEMENT (IFAPPLICABLE) ❑ LAW ^L 1 ZE�Lm 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 'S.17,12(920 ❑ SIGNATORY(MAYOR OR DIRECTOR) b ❑ CITY CLERK ❑ ASSIGNED AG# AG ;Z)r-�-C�,Dq A COMMENTS: 1/2020 Cllr OF CITY HALL 40 Federal Way Feder 8th Avenue South Federal Way.WA 98003-6325 ., (253) 835-7000 www a1yoffederalway.com AMENDMENT NO. 1 TO LOANED ART AGREEMENT FOR SINGLE ARTIST ART SHOW This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Judith Rayl ("Artist"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Single Artist Art Show ("Agreement") dated effective April 21, 2020, as follows: 1. AMENDED LOAN OF ART WORK. The works of art, as described in Exhibit A and as referenced by Section 1 of the Agreement, shall be amended to the works of art described in Exhibit A-1 attached hereto and incorporated herein by this reference ("Art Work"). 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto,not modified by this Amendment,shall remain in full force and effect.Any and all acts done by either Party consistent with the authority of the Agreement,together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement,as modified by any prior amendments,as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment,which is binding on the parties of this contract. [Signature page follows] LOANED ART AGREEMENT—Single Artist - 1 - 2/2017 CITY OF CITY HALL Fe d e ra l Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www.cityoffederalway..com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: B Hutton, P rks D r Sep anie Courtney, CYJC, City Clerk DATE: © APPROVED AS O FORM: J. Ryan Call, City Attorney ARTIST: By: Judith 1, Artist r� Date: 7-17,7-, STATE OF WASHINGTON ) ss. COUNTY OF �' ) On this day personally appeared before me, Judith Rayl, 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 .= 7 day of -e-b'� , 20 ao Notary's signature Notary's printed name "Cl n C4 Cq .� Notary Public in and for the State of Washington. MANU GIRI My commission expires O l Oyl oma N0 Y PUBLIC STATE OF WASHINGTON My COMMISSION EXPIRES 10-04-21 LOANED ART AGREEMENT-Single Artist - 2 - 2/2017 CITY OF CITY HALL Fe d e l a l Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www.ciryoffederalway..com EXHIBIT A-1 DISPLAYED ART WORK [attach new spreadsheet including the updated full list of artwork] LOANED ART AGREEMENT—Single Artist - 3 - 2/2017 Ik APPLICANT INFORMATION: Name: -f U�lth.l?a.y.>_.., Address: 8193 NF laktly-Ct W City&state: Bainbridge lsland,WA 981.a0— Work Phone: (206) 849-3029 Home Phone: E-Mail Address: jud rayl.photographyaQmail.com ARTWORK • 1 And So We Rise Raw Photogra 28x30 2019 400 2 Converge Raw Photograph 28x30 2020 400 3 Balm and Antidote Raw Photograph 28x30 2019 400 4 The Rose Embraced HU Raw Photograph 28x30 2019 400 5 Keep the Small Fire Bun Raw Photograph 28x30 2019 400 6 Come Running To Me Raw Photograph 28x30 2019 400 7 Shipping In Raw Photograph 28x30 2019 400 8 Sun Shines on Native Raw Photograph 26x28 2018 400 9 Reflect and Repair Raw Photograph 28x30 2019 400 10 Headingfor Home Raw Photograph 24x26 2018 400 11 The Healing Rift Raw Photograpo 28x30 2019 400 12 Raindrops Raw Photograph 24x26 2018 400 ' ' • `' ' ` 73 Cloud Sky Day Raw Photograph 24x26 2017 400 u 14 Coalesce Raw Photoqrapb 28x30 2020 400 15 Intermezzo Raw Photogra 28x30 2019 400 16 Catch and Release Raw Photograph 28x30 2019 400 17 The Clouds Are Rising Raw Photograph 28x30 2019 400 18 19 20 21 22 23 24 25 DROP OFF OR MAIL TO: FEDERAL WAY COMMUNITY CENTER ATTN:CASSIE SWAN 876 S. 333RD STREET M FEDERAL WAY, WA 98003 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: OXC- 2. ORIGINATING STAFF PERSON: ��1L �V�� � EXT: 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 AMEN MENJ AG# : ❑ INTERLOCAL ' OTHER L 5. PROJECT NAME: , \rA- J�w6. NAME OF CONTRACTOR: \1 ADDRESS: �� TELEPHONE E-MAIL: FAJ : SIGNATURE NAME: E 10 � TITLE t 11 7. EXHIBITS AND ATTACHMENTS SCOPE,WORT{OR SERVICES MPENSATION ❑ INSURANCE REQHIRFMF.NTS/CFRTIFICATE ° ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR C0N1 TRAC--F/,'01i_NL)MEN'i"S 8. TERM: COMMENCEMENT DATE: � COMPLETION DATE: 9. TOTAL COMPENSATION$ _ — (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY ABOR 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: ��RLfAn-) j Q � [ 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 1 $f 2m z o 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 KLAW DEPARTMENT 6W 2-1 N 2oz0 SIGN ATO 1ZY(,M A ()It OR DIRECTOR) [7 KCI"I Y CLERK ❑ ASSIGNED AG# G C3-C OLi ❑ SIGNED COPY RETURNED D E SENT: _ COMMENTS: 1/2018 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way,WA 98003003 -6325 (253) 835-7000 www cftyoffederalway com 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 Judith Rayl("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: Judith Rayl Cassie Swan 8193 NE Blakely Ct W 876 S 333' St Bainbridge Island, WA 98110 Federal Way, WA 98003-6325 (253) 835-6928 (telephone) (206) 849-3029 (telephone) (253) 835-6929 (facsimile) judy.rayl.photography@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, 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 July 16,2020("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 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. LOANED ART AGREEMENT—Single Artist - 1 - 3/2017 CITY OF CITY HALL 44 Federal dI Feder 8th Avenue South 4! Way Federal Way,WA 98003-6325 (253) 835-7000 www cltyoffederalway.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. Damaize 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 CITY HALL J„_;�` Fe d e ra I Feder 8th Avenue South � Federal Way,WA 98003-6325 (253) 835-7000 www chWffederaMoy.com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: { J Jo utton, Pa ks for Ste ani A,(�\nLfv urtney, CAC, City Clerk DATE: �,/ /2pz�, APPROVED AS TO FORM: J. Ryan Call, City Attorney ARTIST: By: Judith yl,Artist DATE: I � Lz-V /z STATE OF WASHINGTON ) ) ss. COUNTY OF On this day personally appeared before me, Judith Rayl, 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 `qday of �wm-a y- 20�_ t-J01 MANU GIRT Mon'u 67 t-e-) NOTARY PUBLIC (typed/printed name of notary) MY COMMISSION EXPIRES STA WASHINGTON Notary Public in and for the State of Washington. 10-04-21 My commission expires I d I O Z4 7 2021 LOANED ART AGREEMENT— Single Artist - 3 - 3/2017 CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way,WA 98003-6325 (253) 835-7000 www cityotfedera4ay_com EXHIBIT "A" DISPLAYED ART WORK [attach spreadsheet] LOANED ART AGREEMENT—Single Artist -4 - 2/2017 A APPLICANT INFORMATION: Name: Judith F2ayl Address: ,8193 NE Blakely Ct W City&state: Bainbridge Island, WA 98110 Work Phone: (206) 849-3029 Home Phone: E-MailAddxess: Judy.ray],phQtographyQgmaii.corn ARTWORK TI7LE MEDIUM SIZE YEAR VALUE n o e eseaw o ograp , 2 1e mera rc ipe ago law—PTFoTograpX30 3 Balm and Antiaote law Photograph) 2800 4 Rose EmBraced Her UIUE iaw o ograp x 'JU- 2019 400 5 ht You a boxo ores ar law Photograph) 2BX30 6 Come Running 10 e aw o ograp } 28X3U 7 Malachite Dream aw o ograp ) x i a in Shines on Native VVatE iaw Photograp x - 9 Reflect and Repair law o ograp2800 —2U19 400 10 Heading for Home iaw PhotograpX2(i 17 ea ing the Hitt -law Pho ograp x 12 Flight Ot UUlIS Taw PffoTograPX26 13 CIO y ay aw o ograp x2017 400 14 Sun, and Woon law Fhotograph, 2SX30 15Ascent Taw vnotograpn, 26x2b 16 because You're Mine iaw o ograp ) x 17 Raindrops aw o ograp , x 18 �e Clouds, ey re Assn aw o ograp ) x 19 Remember me aw o ograp , 22FR26400 20 Earth, been From a aw o ograpl x 21 22 23 24 25 DROP OFF OR MAIL TO: FEDERAL WAY COMMUNITY CENTER <.rY" ATTN; LASSIE SWAN 876 S. 333RD STREET y, FEDERAL WAY WA 98003