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<br />SEP-05-2007-WED 12:57 PM Else <br /> <br />FAX No, 714 835 7330 <br /> <br />INSI(,~AANCE: O~::IU: <br />~J( MA~' PRCCEED <br />~"IJ..If\!SI!RMJGEEXPRE:S <br /> <br />p- '7-0'7 __I WORK FOR HIRE AGREEMENT <br />~~~~t~L7 WITH JDP PHOTOGRAPHY <br />0: COA IWIG . <br />(2") Fro"" 6otZ\ TIllS AGREEMENT, made and entered into this .1l.- -W1tay of August 2007 by and <br />between IDP Photography, a California corporation (hereinafter "Contractor"), and the City of <br />Santa Ana, a charter City and municipal coxporation organized. and existing under the <br />CoDStitution and laws of the State ofCalifomia (hereinafter "City''). <br /> <br />N-2007 -106 <br /> <br />RECITALS <br /> <br />A. The City desjres to retain the undersigned having special skill and knowledge in the field <br />of commercial photography. <br /> <br />B. The undersigned Con1Iactor has created Work, the '"Work" which term as used herein <br />shall only refer to that which is created by the Contractor, specially commissioned for <br />use by the City. ' <br /> <br />C. The parties expressly agree that the Work shall be considered a Worle fur Hire within the <br />meaning of that term under section 101 ofilie Copyright Act. <br /> <br />D. The Contractor understands that the City exclusively owns ilie copyright in the Work <br />and all rights incident to such ownership, including all electronic and derivative rights, <br />in all mediums of expression now existing or devised in the future, and may utilize those <br />exclusive rights both in the United States and throughout the world and Universe <br /> <br />NOW THEREFORE, in C9llSideration of the mutual and respective promises, including the-, <br />possibility of having the W olk considered. for publication by the City, Contractor agrees that the <br />Wark is Work. for Hire as set forth in the recitals above, and subject to the terms and conditions <br />hereinafter set forth, the parties agree as follo:m: <br /> <br />1. SCOPE OF SERVICES <br /> <br />Contractor shall perform those services as set forth in Exhibit A to this Agreement. <br />, <br /> <br />2. COMPENSATION <br /> <br />a City agrees to pay, and Contractor agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit B. The total sum to be expended under this <br />Agreement shall not exceed $3,000.00 during the tenn of this Agr:eeroen.t. <br /> <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment .need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br /> <br />1 <br />