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08-1975 Artwork Commission Agreement with David Passalacqua
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08-1975 Artwork Commission Agreement with David Passalacqua
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Last modified
3/16/2009 3:16:20 PM
Creation date
11/13/2008 1:03:45 PM
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
11/10/2008
Doc Number
08-1975
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<br />(M) ARTIST shall provide photographic documentation of the Artwork. <br /> <br />3. CITY'S Obligations. <br /> <br />(A) CITY shall perform all obligations in strict compliance with all tenns and <br />conditions of this agreement. <br />(B) CITY shall prepare the Site in accordance with the specifications detailed in the <br />approved design concept. CITY shall be responsible for all expenses, labor and <br />equipment to prepare the Site for the timely transportation and installation of the <br />Artwork. CITY shall complete the Site preparations as scheduled or shall contact <br />ARTIST in writing to informing him or her of any delays. <br />(C) CITY shall provide and install a plaque on or near the Artwork containing a credit <br />to ARTIST and a copyright notice substantially in the following form: <br />CopyrightlD David Passalacqua. <br />(D) CITY shall not permit any use of ARTIST's name or misuse of the Artwork which <br />would reflect discredit on ARTIST's reputation as an artist or which would violate <br />the spirit of the Artwork, should such use or misuse be within CITY's control. <br /> <br />4. Design. ARTIST will submit a design concept for approval of the CITY. Upon written <br />approval of the design, the ARTIST will create, fabricate and install the art work. The <br />Design Proposal, Budget, and Schedule of Payment are attached to this Agreement as <br />Exhibit I. <br /> <br />5. Independent Contractor. In perforrning the services herein specified, ART1ST is acting <br />as an Independent Contractor, and neither ARTIST nor any of ARTIST's staff shall be <br />considered employees of CITY. <br /> <br />6. Compensation. CITY will remunerate ARTIST for services as described for the amount <br />not to exceed Eighteen Thousand ($18,000) dollars. This amount shall represent the <br />entire limit of compensation allowable under this Agreement. <br /> <br />(A) If ARTIST incurs costs in excess of the amount listed her, ARTIST shall pay such <br />excess from ARTIST's own funds unless ARTIST previously obtained approval <br />for such costs from CITY (or such costs were the result of actions or inaction of <br />CITY). <br />(B) Schedule. A schedule for the payment of budget installments is attached to the <br />Agreement as Exhibit 1. <br /> <br />7. Availability of Funds. CITY's performance and obligation to pay under this Agreement <br />is contingent upon an annual appropriation for its purpose by the Casselberry <br />Redevelopment Agency, or other specified funding source for this procurement. <br /> <br />8. Risk of Loss. ARTIST shall bear the risk of loss or damage to the Artwork until CITY's <br />final acceptance of the Artwork. ARTIST shall take such measures as are reasonably <br /> <br />3 <br />
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