Loading...
HomeMy WebLinkAbout050-26 - Rod Ewing - ContractDocusign Envelope ID: FD681 E5F-34E4-866A-8251-D4131 E85FA2C r Port Orchard Contract #: ©30 Authorized Amount: $4,500.00 Date Start: S/ / /202b Date End:_3/31_ /10`2(0 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is entered into by and between the City of Port Orchard, Washington, a municipal corporation organized under the laws of the State of Washington ("City") and Rod Ewing ("Consultant"). Consultant is an artist who previously installed the mural for the City, and the City desires to contract with Consultant to restore the mural to its previous condition. 1. Fora lump sum payment of $4500.00 upon completion and acceptance by the City of the restoration work, the Consultant shall perform the restoration work to restore the mural to its previous condition, including but not limited to all site cleaning/preparation. The Consultant shall provide for his own transportation and lodging during the project, and shall provide all equipment necessary to complete the work, including but not limited to scaffolding, paint, tools, and necessary safety equipment. 2. At all times, the Consultant shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of this work and the handling of any funds used in connection therewith. The Consultant shall perform the services diligently and completely and in accordance with professional standards of conduct and performance. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City reserves the right to direct the Consultant's compensated services before reaching the maximum amount. 3. This Agreement shall be in full force and effect for a period commencing on•y%?c/ IC and ending 'Thuntil the City's acceptance of the work, whichever occurs first, unless Sootier terminated bytfe City for nonperformance. Time is of the essence of this Agreement in each and all its provisions in which performance is required. If delays beyond the Consultant's reasonable control occur, the Parties will negotiate in good faith to determine whether an extension is appropriate. 4. Upon final acceptance of the restored mural by the City and receipt of full payment, Consultant hereby irrevocably assigns, transfers, and conveys to the City all right, title, and interest in and to the mural, including the physical artwork and all associated intellectual property rights. The mural shall be deemed a work made for hire to the fullest extent permitted by law; to the extent it is not deemed a work made for hire, Consultant hereby assigns all copyrights and related rights to the City. The City shall have the perpetual, royalty -free right to use, reproduce, display, modify, maintain, relocate, remove, or destroy the mural, in whole or in part, for any governmental or public purpose, without further approval from or compensation to Consultant. 5. The Consultant shall take all necessary precautions and shall be responsible for the safety of himself, his employees, and agents in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any personal injury, loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the dates listed below. City of Port Orchard and Rod Ewing Updated •/2027 eDR Page 1 of 2 11183425.1- 366922 - 0001 Docusign Envelope ID: FD681 E5F-34E4-866A-8251-D4131 E85FA2C ['I By: Title CITY OF PORT ORCHARD Signed by: By: r69¢» Robert Putaansuu, Mayor Date:''i7 / 7&z z Date: City of Port Orchard and Rod Ewing Updated a/2022 MR 4/2/2026 ATTEST/AUTHENTICATE Signed by: �vcun LL Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM p Signed by: Port Orchard City Attorney's Office Page 2 of 2 11183425.1 - 366922 - 0001 Docusign Envelope ID: FD681 E5F-34E4-866A-8251-D4131 E85FA2C Rob Putaannsuu Mayor, Port Orchard, WA !an 12, 2026 Mural preparation: The muralwill need to be pressure washed and then remove the chipped paint. Next, a clear coat adhesive will go over the seals. Then I can paint it. And then another coat of the adhesive will be applied. Scaffolding wilt be needed to restore the flag. Paint wilt need to be purchased. The timeline is uncertain r/t weather and amount of paintthat needs to be removed. I expect it to be done in about 2 weeks. I understand that I will receive a flat rate of $4500 to complete the project including airfare. If you have any questions, you can call or text me at 360-710-6133. Rod Ewing