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HomeMy WebLinkAboutContract 40604cirrSECRETARY CONTRACT N0.4- 4,4. AGREEMENT FOR DESIGN AND COMMISSION OF PUBLIC ART WORK BETWEEN THE CITY OF FORT WORTH AND MANUEL JrULIDO This Agreement ("Agreement"), entered into this :Zj day of , 2010 (the "Effective Date"), by and between the CITY OF FORT WORTH, a home -rule municipal corporation of the State of Texas (the "City"), acting by and through Fernando Costa, its duly authorized Assistant City Manager, and MANUEL PULIDO (the "Artist"), an individual, of 7901 Flowertree Court, Fort Worth, Texas 76137. The City has designated the ARTS COUNCIL OF FORT WORTH & TARRANT COUNTY, INC., (the "Contract Manager") to manage this Agreement on its behalf. The Contract Manager shall act through Jennifer Conn, its designated Public Art Collection Manager. WHEREAS, the City is implementing the Fort Worth Public Art Program pursuant to Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of Ordinances to create an enhanced visual environment for Fort Worth residents, to commemorate the City's rich cultural and ethnic diversity, to integrate the design work of artists into the development of the City's capital infrastructure improvements, and to promote tourism and economic vitality in the City through the artistic design of public spaces; WHEREAS, the Fort Worth Public Art Program is implementing a pilot mural initiative that seeks to engage community volunteers selected by Safe City Commission, Inc., Northside Fort Worth Weed and Seed, and Centro Cultural De Las Americas (Cultural Center of the Americas) (collectively, the "Community Organizations") in the process of mural making under the guidance of a professional artist to support the City's efforts to curb graffiti (the "Project"), WHEREAS, funds for design and commission of a mural have been allocated from the Public Art Fund per guidelines in the Long -Range Public Art Plan for the Water Fund, as adopted by the Fort Worth City Council on May 9, 2006, and were included in the FY2010 Annual Work Plan and Budget (approved by City Council M&C #G46725 on September 6, 2009); WHEREAS, the Artist was selected by the City through a selection process conducted by the Contract Manager with oversight of the Fort Worth Art Commission (the "FWAC") to, with participation of community youth selected by the Community Organizations (the "Youth Participants"), collaboratively design, fabricate, and install a two-dimensional painted mural on a OFFICtAL RECORD P 0319 IN Page 1 of 42 rigid substrate (the "Work"), as detailed in the "Project Outline" represented and incorporated by reference herein as Exhibit "A"; WHEREAS, the Youth Participants are volunteers and, as such, their services will be offered freely and without pressure or coercion, either direct or implied; WHEREAS, during all phases of the Project involving the Youth Participants, the Youth Participants will act at the direction of the Artist during all phases of the Project; WHEREAS, the City has approved the installation of the Work at the Northside Community Center located at 1100 18th Street, Fort Worth, Texas on the northern fagade brick walls flanking the main entrance, more particularly described in Exhibit "B" attached hereto (the "Site"); and WHEREAS, the City and the Artist (collectively, the "Parties") wish to set out the terms and conditions under which the Work shall be designed, fabricated, and installed to promote the integrity of the Artist's ideas and statements as represented by the approved Final Design (the "Final Design"), NOW, THEREFORE, the City and the Artist for and in consideration of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows: ARTICLE 1 SCOPE OF SERVICES l.l. General. a. The Artist shall perform, direct, and/or oversee all services. The Artist shall also furnish all supplies, materials, and equipment as necessary for the Final Design, fabrication, delivery, and installation of the Work at the Site. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. b. Prior to commencing work on the Final Design, the Artist shall meet with and seek input from the community stakeholders group as designated by Council Member Sal Espino, the Fort No Parks & Community Services Department staff, and the Community Organizations. Page 2 of 42 c. The Artist shall facilitate collaborative design sessions with the Youth Participants selected by the Community Organizations in a location determined by the Contract Manager. The design sessions will inform the Artist's Final Design for the Work. d. The Artist must pass a thorough background investigation by an entity approved by the City before beginning any portion of the Project with any of the Youth Participants, including the design sessions and the fabrication workshop. If the Artist fails the background investigation, for any reason, the City shall have the right to terminate this Agreement. The results of any background investigation must be submitted promptly to the City for review. Failure of any background investigations shall be determined by the City, in its sole discretion. e. The Artist shall determine the final artistic expression, scope, design, color, size, material, and texture of the Work, subject to review and acceptance by the City as set forth in this Agreement. The location at the Site in which the Work shall be installed has been mutually agreed upon by the City and the Artist. f. Upon request by the Artist, the City shall promptly furnish all information, materials, and assistance required by the Artist to the extent that such materials and assistance are available. The City, upon request by the Artist, shall also provide correct scaled drawings of the Site, if available. g. The Artist shall perform, direct, and/or oversee all fabrication services and will furnish all supplies, materials, and equipment necessary for the transportation and installation of the Work at the Site. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. To the extent that any of the Youth Participants are involved in the fabrication process, the Artist understands and recognizes that the Youth Participants are volunteers and, as such, their services will be offered freely and without pressure or coercion, either direct or implied. h. The Artist shall obtain written permission, as needed, including Copyright permission, for use of any selected photographic images that the Artist has incorporated into his design. i. The Artist shall participate in planning and in one public education event in Fort Worth at a mutually agreed upon date and time. j. The Artist shall install the Work on dates and at times mutually agreed upon by the Artist and the City. Page 3 of 42 1.2. Final Design Phase Deliverables. The Artist shall provide services and all supplies, materials, and equipment necessary to provide certain deliverables, as set forth in section this 1.2 a-g (collectively, the "Final Design Deliverables") to the City for approval. Final Design Deliverables shall consist of the following: a. One conceptual design illustrations showing the Work as it would appear to a visitor viewing the full Work. Illustrations shall be mounted on 20" x 30" foam core and/or in a high resolution digital format, such as a PowerPoint presentation. b. The Artist shall provide a written narrative describing the following items: (1) Final Design concepts and timeline for completion; (2) proposed materials, fabrication, and installation methods for all elements of the Work; (3) maintenance requirements for all elements of the Work as dictated by the Artist along with cost estimates for annual maintenance; and (4) proposed public education program(s) to be conducted by the Artist. c. The Artist shall provide comprehensive working drawings, detailing the means of installing all elements of the Work on the Site, together with other such graphic material as may be requested by the City to permit the City to carry out structural design review. These drawings must be signed and stamped by an engineer and/or architect licensed to work in the State of Texas as required by the City. The Artist will obtain and furnish to the City certificates of professional liability insurance from each such licensed professional and will require the City to be named as a "certificate holder" entitled to notice of cancellation/nonrenewal in accordance with standard practices. The Artist shall not be liable for the use of the drawings submitted under Section 1.2.c. for any use other than the Final Design. d. Material or fabrication samples submitted for approval by the City. e. Project budget on the budget form attached hereto as Exhibit "C" with detailed calculations and/or written estimates for an all inclusive total not to exceed TWENTY-FIVE THOUSAND DOLLARS AND NO CENTS ($25,000.00). Page 4 of 42 f. The Artist shall present the Final Design to the designated stakeholders group, the Community Organizations, and City officials for review and input and to the FWAC for review and approval at dates and times mutually agreed upon. If the Artist's Final Design is approved by the FWAC, the Parties shall attach it as an addenda to the Agreement and incorporate herein for all purposes. g. The Artist shall provide copies of the Final Design presentation materials to the Contract Manager to become part of the City of Fort Worth Public Art archive. 1.3. Final Design Review a. The City may require the Artist to make such revisions to the Final Design as are necessary for the Work to comply with applicable statutes, ordinances, and/or regulations of any governmental regulatory agency having jurisdiction over the Site for reasons of safety and security. b. The City may also require the Artist to make such revisions to the Final Design as the City deems necessary in its sole discretion. c. If the Final Design or any required revision is disapproved by the City, the Artist shall have a reasonable amount of time to resubmit the Final Design in conformance with the City's requirement. d. If resubmitted materials are not approved by the City, this Agreement may be terminated at the City's discretion, with payment made to the Artist for work performed under the payment schedule set forth in Section 2.1. 1.4. Execution of the Work a. Upon execution of this Agreement, the Artist shall promptly furnish to the Contract Manager a schedule (the "Schedule") for the completion of the fabrication and installation of the Work, including a schedule for the submission of progress reports, as required. After written approval of the Schedule by the City, the Artist shall fabricate, deliver, and install the Work in accordance with the Schedule. Schedule changes may be accomplished by written agreement between the Artist and the City. Page 5 of 42 b. The Artist shall conduct a fabrication workshop from 9:00 AM to 4:00 PM beginning on Monday, August 16, 2010, and ending on Friday, August 20, 2010, with the Youth Participants at the Fort Worth Community Art Center located at 1300 Gendy Street, Fort Worth, TX 76107. c. The City and the Contract Manager shall have the right to review the Work at reasonable times during its fabrication and/or request visual documentation of the fabrication. The Artist shall, upon written request by the Contract Manager, provide a written progress report detailing the progress made toward completion of the Work and the remainder to be completed. d. The Artist shall complete the fabrication of the Work in substantial conformity with the Final Design. However, the Artist may present to the Contract Manager, in writing for further review and approval, any significant changes in the scope, composition, design, color, size, material, or texture of the Work not in substantial conformity with the Final Design. The Contract Manager shall, in light of the Final Design, determine whether a significant change requires City approval. 1.5. Delivery and Installation. a. The Artist shall notify the City, through its Contract Manager, in writing when fabrication of the Work is completed and ready for delivery and installation at the Site. b. The Artist shall deliver and install the completed Work at the Site in compliance with the Schedule; provided, however, that delivery and installation activities may not commence until written permission is delivered to the Artist by the Contract Manager. c. Should the Artist complete the Work in advance of the completion of the Site, the Artist shall store the Work at no expense to the City until such a time as the Site is completed and the Contract Manager notifies the Artist that installation may commence. d. The Artist, individually and through its subcontractors, shall take all necessary precautions to protect and preserve the integrity and finish of the Site while delivering and installing the Work. The Artist shall repair any damage to the Site due to delivery, installation, or the Artist's negligence or the negligence of the Artist's subcontractors. Page 6 of 42 e. Should the Youth Participants be allowed to volunteer on Site, the Artist shall prohibit any and all Youth Participants from climbing on ladders, scaffolding, or on any elevation above the Youth Participant's personal ability to reach. The Artist, in coordination with the Community Organizations, shall also be responsible for providing hydration, shade, rest, and any other provisions that protect the health, safety, and welfare of the Youth Participants. f. Prior to installation of the Work, the Artist shall provide to the Contract Manager written instructions for appropriate maintenance and preservation of the Work on the form attached hereto as Exhibit "D" ("Technical and Maintenance Record"). The appropriate maintenance and preservation instructions shall not be substantially different from the maintenance and preservation anticipated and conveyed to the City for the Work in the final design phase for the Work. 1.6. Post -installation. a. Within thirty (30) days after the installation of the Work or the opening of the facility, whichever comes first, the Artist shall furnish to the Contract Manager a set of high resolution digital images (.tiff format) and low resolution digital images (.jpeg format) showing the Work and including detail shots; and that at least two of these images show the murals in the context of the overall structure, as selected by the Contract Manager, to document the Work after the Work is installed. b. The Artist shall be available at such time or times as may be agreed between the City and the Artist to attend any inauguration or presentation ceremonies relating to the transfer of the Work to the City. The City shall use its best efforts to arrange for publicity for the completed Work in such art publications and otherwise as may be determined between the City and the Artist as soon as practicable following installation. 1.7. Final Acceptance. a. The Artist shall notify the City in writing when all services required have been completed in substantial conformity with the Final Design. Included in such notice from the Artist shall be an affidavit, attached hereto as Exhibit "E" ("Affidavit"), certifying that all bills relating to services or supplies used in the performance of this Agreement have been paid. b. The City shall notify the Artist in writing of its final acceptance of the Work ("Final Acceptance"). Page 7 of 42 c. Final Acceptance shall be effective as of the earlier to occur of (1) the date of the City's notification of Final Acceptance; or, (2) the 35th day after the Artist has sent the written notice to the City required under Section 1.7.a, unless the City, upon receipt of such notice and prior to the expiration of the 35-day period, gives the Artist written notice specifying and descrng the services that have not been completed. 1.8. Risk of Loss The risk of loss or damage to the Work shall be borne by the Artist prior to Final Acceptance, and the Artist shall take such measures as are necessary to protect the Work from loss or damage until Final Acceptance, including, but not limited to, the purchase of property loss insurance; except that the risk of loss or damage shall be borne by the City or its agents prior to Final Acceptance during such periods of time as the partially or wholly completed Work is in the custody, control, or supervision of the City or its agents for the purposes of moving, storing, or performing any other ancillary services to the Work. ARTICLE 2 COMPENSATION AND PAYMENT SCHEDULE 2.1. Fee. The City shall pay the Artist a fee in the amount of TWENTY-FIVE THOUSAND DOLLARS AND NO CENTS ($25,000.00) (the "Fee"), which shall constitute full compensation for all services to be performed and materials to be furnished by the Artist under this Agreement, inclusive of fabrication, transportation, installation, Artist's fees, insurance, documentation and incidental costs, and all travel expenses. The Fee shall be paid as follows: a. SEVEN THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($7,500.00) upon full execution of this Agreement. b. FIFTEEN THOUSAND DOLLARS AND NO CENTS ($15,000.00) upon the Contract Manager's verification that fabrication is 90% complete. c. TWO THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($2,500.00) within thirty-five (35) days after Final Acceptance and receipt by the City of such documentation it may require concerning payment of supplies and services rendered to the Artist (see Section 1.7). 2.2. Sales Taxes. The City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon the Project. The City shall supply the Artist with the "Texas Sales Tax and Local Sales Tax Exemption Certificate," in substantially the same form as that attached hereto and incorporated herein as Exhibit "F" for use by the Artist in the fulfillment of this Agreement. 2.3. Artist's Expenses. The Artist shall be responsible for the payments of all expenses incurred during the performance of this Agreement, including, but not limited to, services, materials, mailing/shipping charges and insurance on submissions to the City, cost of all travel, insurance and costs for the Artist's agents, consultants, and/or employees necessary for the proper performance of the services required under this Agreement. ARTICLE TERM AND TIME OF PERFORMANCE 3.1. Term. This Agreement shall be in effect from the Effective Date of this Agreement, and, unless terminated earlier pursuant to such provisions in this Agreement, shall extend until final payment to the Artist by the City, whichever is later. 3.2. Duration. The services to be required of the Artist set forth in Article 1 shall be completed in accordance with the Schedule; provided, however, such time limits may be extended or otherwise modified by written agreement between the Artist and the City. 3.3. Early Completion of Artist Services. The Artist shall bear any transportation and storage charges incurred from the completion of his or her services prior to the time provided in the schedule for delivery. Page 9 of 42 3.4. Time Extensions; Force Majeure. The City or the Artist, as appropriate, shall grant a reasonable extension of time to the other party if conditions beyond the parties' control or Acts of God, flood, riot, civil insurrection, labor strikes, or orders of local or federal government render timely performance of the parties' services impossible or unexpectedly burdensome. The parry suffering the impossibility or burdensome conditions must inform the other in writing within ten (10) days of the onset of such performance delay, specifying the reasons therefore. Failure to fulfill contractual obligations due to conditions beyond either parry's reasonable control shall not be considered a breach of this Agreement; provided, however, that such obligations shall be suspended only for the duration of such conditions. ARTICLE 4 WARRANTIES 4.1. Warranties of Title. The Artist represents and warrants that: a. the Work shall be the original product of the Artist's sole creative efforts, and all Youth Participants shall act at the direction of the Artist; b. the Work is and will be unique and original, and does not infringe upon any copyright or the rights of any person; c. the Work (or duplicate thereof) has not been accepted for sale elsewhere; d. the Artist has not sold, assigned, transferred, licensed, granted, encumbered, or utilized the Work or any element thereof or any copyright related thereto that may affect or impair the rights granted pursuant to this Agreement; e. the Work is free and clear of any liens from any source whatsoever; f. the Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; go all services performed hereunder shall be performed in accordance with all applicable laws, regulations, ordinances, etc., and with all necessary care, skill, and diligence; and Page 10 of 42 h. the Artist shall assume the defense of, and INDEMNIFY AND HOLD HARMLESS, THE CITY, ITS REPRESENTATIVES, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS FROM AND AGAINST ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, OR EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, TO WHICH HE MAY BE SUBJECTED ARISING OUT OF THE CITY'S USE OR POSSESSION OF THE WORK BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT VIOLATION OR OTHER LACK OF OWNERSHIP, AUTHORSHIP, OR ORIGINALITY. THIS SECTION 4.1(h) SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. 4.2 Warranties of Quality and Condition a. The Artist represents and warrants that all work will be performed in accordance with professional "workmanlike" standards and free from defective or inferior materials and workmanship (including any defects consisting of "inherent vice," or qualities that cause or accelerate deterioration of the Work) for one year after the date of Final Acceptance. b. The Artist represents and warrants that the Work and the materials used are not currently known to be harmful to public health and safety. c. If, within one year, the City observes any breach of warranty described in this Section 4.2 that is curable by the Artist, the Artist shall, at the request of the City, cure the breach promptly, satisfactorily, and consistent with professional conservation standards, at no expense to the City. The City shall give notice to the Artist of such breach with reasonable promptness. d. If, after one year, the City observes any breach of warranty described in this Section 4.2 that is curable by the Artist, the City shall contact the Artist to make or supervise repairs or restorations at a reasonable fee during the Artist's lifetime. The Artist shall have the right of first refusal to make or supervise repairs or restorations. Should the Artist be unavailable or unwilling to accept reasonable compensation under the industry standard, the City may seek the services of a qualified restorative conservator and maintenance expert. e. If, within one year, the City observes any breach of warranty described in this Section 4.2 that is not curable by the Artist, the Artist is responsible for reimbursing the City for damages, expenses, and loss incurred by the City as a result of the breach. However, if the Artist Page 11 of 42 disclosed the risk of this breach in the Proposal and the City accepted that it may occur, it shall not be deemed a breach for purposes of this Section 4.2. f. Acceptable Standard of Display. The Artist represents and warrants that. i. General routine cleaning and repair %J the Work and any associated working parts and/or equipment will maintain the Work within an acceptable standard of public display. ii. Foreseeable exposure to the elements and general wear and tear will cause the Work to experience only minor repairable damages and will not cause the Work to fall below an acceptable standard of public display. With general routine cleaning and repair, and within the context of foreseeable exposure to the elements and general wear and tear, the Work will not experience irreparable conditions that do not fall within an acceptable standard of public display, including, but not limited to, mold, rust, fracturing, staining, chipping, tearing, abrading, and peeling. Manufacturer's Warranties. To the extent the Work incorporates products covered by a manufacturer's warranty, the Artist shall provide copies of such warranties to the City. g. The foregoing warranties are conditional, and shall be voided by the failure of the City to maintain the Work in accordance with the Artist's specifications and the applicable conservation standards. If the City fails to maintain the Work in good condition, the Artist, in addition to other rights or remedies the Artist may have in equity or at law, shall have the right to disown the Work as the Artist's creation and request that all credits be removed from the Work and reproductions thereof until the Work's condition is satisfactorily repaired. 4.3 Survival of Representations and Warranties These representations and warranties shall survive the termination or other extinction of this Agreement. Page 12 of 42 ARTICLE 5 INSURANCE AND INDEMNITY 5.1. General. The Artist shall carry insurance as set out in Exhibit "G." Except as provided in Section 1.8 hereof, the risk of damage to or loss of the Work shall, during fabrication and installation but prior to Final Acceptance, shall be solely that of the Artist. This risk shall transfer to the City and shall no longer be the responsibility of the Artist upon Final Acceptance, 5.2. Performance Bonds. The Artist shall not be required by the City to post any performance bonds or similar undertakings. 5.3. Indemnity. (a) THE ARTIST COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT HIS OWN EXPENSE, THE CITY AND ITS REPRESENTATIVES, OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT, AND/OR THE OPERATIONS, ACTIVITIES, AND SERVICES DESCRIBED HEREIN, PROVIDED THAT SAID CLAIMS OR SUITS ARE CAUSED BY THE ARTIST' S NEGLIGENCE OR WILFUL MISCONDUCT; AND THE ARTIST HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF THE CITY AND ITS REPRESENTATIVES, OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NON-PERFORMANCE OF THIS AGREEMENT, AND/OR THE OPERATIONS, ACTIVITIES, AND SERVICES DESCRIBED HEREIN, PROVIDED THAT Page 13 of 42 SAID CLAIMS OR SUITS ARE CAUSED BY THE ARTIST'S NEGLIGENCE OR WILFUL MISCONDUCT. THE ARTIST LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS THE CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE, AND/OR DESTRUCTION OF PROPERTY OF THE CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF THE ARTIST, HIS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS. (b) THE ARTIST AGREES TO AND SHALL RELEASE THE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ANY AND ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED BY THE ARTIST IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT. (c) The Artist shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of the City in substantially the same form as above. (d) All indemnification provisions of this Agreement shall survive the termination or expiration of this Agreement. ARTICLE 6 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS 6.1. Title. Title to the Work, including all documents, models, and/or drawings that constitute or are components of the Final Design, shall pass to the City upon Final Acceptance and payment for the Work. These documents, models, and/or drawings will be retained for archival and exhibition purposes. The Artist's Final Design and all other work products under this Agreement shall become the property of the City, without restriction on future use, except as provided )elow. 6.2 Copyright Ownership. The Artist retains all rights under the Copyright Act of 1976, 17 U.S.C. Section 101 et seq., as the sole author of the Work for the duration of the copyright. Page 14 of 42