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HomeMy WebLinkAbout4439+Enter Search Criteria, Press Eec Key to Transmit IPress Del Key to Terminate Delete Mode CHANGE Contract Transactions Contract Number 4439 Vendor Name CURRY ART GLASS & PACIFIC SEAS +Subject ART WORK - ROTUNDA - KITSAP CONFERENCE CENTER Department ECON DEV Status Code PRO Amount $50000.00 Begin Date 06/30/2004 Insurance End Date 07/31/2004 Type Amount Review Date 02/15/2006 + Insurance Total $0.00 Insurance Review Date + ~ Comments VAULT 01/01/2006 + PROFESSIONAL SERVICE AGREEMENT The City of Bremedon ("City") and Curry Art Glass and Pacific Seas ("Artists") enter into the following agreement for professional services: RECITAL: 1. Artists have the professional background, skill, knowledge, insight, and experience in glass blowing art work, design, development and creation. 2. The City is the owner of the Kitsap Conference Center at 100 Washington Avenue, Bremerton, Washington, currently under construction that includes an entry area commonly called the Rotunda. 3. The City is desirous of placing a marquee blown glass artwork in the Rotunda and Artists have the skill and background to design, develop and create that art work. Additionally the Downtown Bremerton Rotary has agreed to contribute the cost for that artwork in the sum of $50,000. TERMS: 4. Compensation: In consideration of the service, labor, and artwork provided, the City will pay the Artists the sum of Filly Thousand ($50,000) Dollars as follows: a. Artists have been paid the sum of $15,000 for preliminary design, concept, and time reserve. b. Within 10 days upon signing the agreement, the City will pay the Artists $10,000 for material purchase and design development. c. The City shall pay the Artists the remaining $25,000 upon completion installation and acceptance of the artwork within the Kitsap Conference Center Rotunda. 5. Scope: Artists shall design, develop, and create a blown glass artwork to be installed in the Kitsap Conference Center Rotunda connected to the two pillars on the East side of the Rotunda. The blown glass artwork will be approximately 10 feet width and six feet in height in a form and style similar to the concept picture attached hereto. Additionally, the scope of work includes four light sconces to be installed on four pillars within the Rotunda. 6. Desiqn and Sample Review: Artists shall present for review and approval design development drawings, and product design samples (including glass, color, metal framing, and internal fish) at the time of or before received of the payment provided in paragraph 4.b. Review and approval shall be jointly by John Mitchell on behalf of the Bremerton Rotary and the City of Bremerton Director of Economic Development, or such other persons as the Rotary and the City may respectfully appoint. Final review and approval shall be by the same persons. 7. Time for Completion: It is the parties' intent that the artwork be designed, created and installed on or before July 28th, 2004. 8. Relationship of Parties: Artists represent that they are skilled in the glass artwork and are performing independent functions and responsibilities within their field of expertise. Artists and their personnel are independent Consultants and not employees of the City. As an independent Consultant, Artists are responsible for payment of all taxes and licensing fees necessary to perform their obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any Bremerton/CurryArt Glass/Pacific Seas Breme~ton Harborside Page 1 of 3 taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Adists. 9. Indemnification: Artists shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. 10. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. 11. Severabilit¥: Should any part of this Agreement be found void, the balance of the agreement shall remain in full force and effect. 12. Modification: This Agreement may only be modified by written instrument signed by all Padies. 13. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1s~ class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Consultant Address Gary Sexton Curry Art Glass 239 Fourth Street 4932 Sandra Lane NE Bremerton, WA 98337 Bremerton, WA 98311 And Lisa Stirrett Pacific Seas 3240 Rocky Pt Dr. Bremerton, WA 98312 14. Waiver: FailuretoenforceanypmvisionofthisAgreementshallnotbedeemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. 15. Compliance with Laws: Artists shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. 16. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Coud. 17. Assignment: Any assignment of this agreement by Artists without the written consent of the City shall be void. 18. Waiver of Artists' Ri.qhts and Vesting of Ownership to City. Because the installation of the artwork may subject the artwork to destruction, distortion, mutilation, or other modification, by reason of its removal the Artists waive any and all dghts the Artists have under the Copyright Act of 1976, 17 U.S.C. § 101, et seq. Additionally, the Artists, in consideration of the amount paid by this contract, waive and release to Bremerton/CurryArt Glass/Pacific Seas Brernedon Harborside Page 2 of 3 ~he C~ ~.a,i,~d all other rights in and to the artwork so that the City of Bremerton is vested with full , ,~,~wners,~,~v~ssession, maintenance responsibilities, and all other rights and interests of the artwork. Curry Art Glass By: Cary Bozeman By: Its: Mayor Its: Date: Date: Pacific Seas Approved as to form: Attest: ....-, /1 ,.// Bremerton City Attorney Bremerton/CurryArt Glass/Pacific Seas Bremerton Harborside Page 3 of 3