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25E - AGMT - UTILITY CABINET PILOT ART PROGRAM
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11/04/2013
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25E - AGMT - UTILITY CABINET PILOT ART PROGRAM
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Last modified
11/1/2013 10:27:28 AM
Creation date
10/31/2013 4:10:04 PM
Metadata
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
25E
Date
11/4/2013
Destruction Year
2018
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COORDINATION AND ORGANIZATION <br />A. Artist shall coordinate performance with the Agency and inform the Agency of <br />the progress of the work in detail for the duration of the Project. No changes <br />to the Project shall be made without approval of the Agency's key employee. <br />B. For purposes of this Agreement, the Agency's key employee is the Executive <br />Director or authorized representative. <br />6. INDEPENDENT CONTRACTOR <br />In performing services under this Agreement, the Artist is and shall act as an <br />independent contractor and not an employee, representative, or agent of the <br />Agency or the City of Long Beach. Artist acknowledges that: a) Agency will not <br />withhold taxes of any kind from Artist's compensation; b) Agency will not secure <br />workers' compensation or pay unemployment insurance to, for or on Artist's <br />behaff; and c) Artist is not entitled to any of the rights, benefits or privileges of <br />City of Long Beach employees. <br />RIGHT, TITLE AND INTEREST TO THE WORK <br />A. The Artist reserves to him /herself all copyrights in the work, the concept <br />design and any incidental works made in the creation of the work. The Artist <br />agrees not to unreasonably refuse permission to photograph artwork. <br />B. The Artist will retain all rights, title and interest to any designs which may be <br />rejected by the panel, as well as any incidental, designs resulting from the <br />design and creation of the work. <br />C. The Artist warrants that: a) the work is solely the result of the artistic effort of <br />the Artist; b) except as otherwise disclosed in writing to Agency and the <br />panel, the work is unique and original and does not infringe upon any <br />copyright; and c) the work is free and clear of any liens from any source <br />whatsoever. <br />8. COPYRIGHTS <br />A. The Artist retains all rights under the Copyright Act of 1976, 17 U.S.C. §101 et <br />seq., and all other rights in and to the work except ownership and possession, <br />except as such rights are limited by any other terms of this Agreement. In <br />view of the intention that the work shall be unique, the Artist shall not design <br />any additional exact two or three - dimensional reproductions of the final work, <br />nor shall the Artist grant permission to others to do so except with the written <br />permission of the Agency and the City of Long Beach. <br />B. Agency and the City of Long Beach shall not design or permit others to <br />design additional duplicate two or three - dimensional reproductions of the final <br />rc1 <br />HAM aOC A09 -01290 (rev. 10119110) <br />cWsaWexmamWeskt0PGcana uima artist maintenance agreemenLEOc <br />25E -47 <br />
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