CSA Local Artists Berkeley (LAB) 12012021

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Consulting Services Agreement between August 1, 2020 City of San Leandro and Local Artists Berkeley Page 11 of 19 employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. 7.6 Copyright. Artists retain all copyrights and other intellectual property interests in respective Artworks and in the design, drawings, sketches, prototypes and other materials for the Artworks. 7.6.1 Notice. Artists may, at Artists’ option, place a copyright notice on respective Artworks in the form and manner required to protect copyrights in the Artwork under United States copyright law. If the copyright is registered with the U.S. Copyright Office, upon request from City, Consultant shall provide City with a copy of the application for registration, the registration number, and the effective date of registration. 7.6.2 Public Records Requests. Any documents provided by Artists or Consultant to City are public records and City may authorize third parties to review and reproduce such documents pursuant to applicable law. All drawings, designs, specifications, manuals, reports, studies, surveys, models, software (including source code), and any other documents, materials, data and products (“Work Products”) prepared or assembled by Artists or obtained from others by Artists in connection with the Services shall be the property of City; and copies shall be delivered to City promptly upon the completion of the Services or upon an earlier termination of this Agreement. Artists shall be responsible for the preservation of any and all Work Products prior to transmittal to City; and Artists shall replace any such Work Products lost, destroyed or damaged while in Artists’ possession without additional cost to City. 7.6.3 Third Party Infringement. City is not responsible for any third party infringement of the Artists’ copyrights and is not responsible for protecting the intellectual property rights of Artists. 7.7 Artists’ Rights to Create Similar Works. City recognizes and acknowledges that the Artwork may be one of several artworks created by Artist embodying unique artistic characteristics and expression comprising Artists’ personal and distinctive styles . and agrees that, Artists shall have the perpetual right and license to create new artworks that may be considered “substantially similar” to or “derivative works” of the Artworks, as those terms are defined under the Copyright Act (17 U.S.C. §101 et seq.). 7.8 Waiver of Artist’s Rights under Applicable Artist’s Rights Laws. City understands that Artists may possess certain rights with respect to the Artworks loaned under this Agreement, as provided in the Visual Artists Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987 et seq), and any other applicable state, federal or local laws that exist now or in the future (“Artist’s Rights Laws”). The City DocuSign Envelope ID: 46F09088-E5FE-4708-B0AF-F6D3FD9BAA2FDocuSign Envelope ID: FAB9A06B-1D2A-4FEB-8806-68F6F2273B2F