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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
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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
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~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
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