FAC 09-23-03
September 23, 2003 Cupertino Fine Arts Commission Page 2
NEW BUSINESS
10.
Extended Stay America Hotel proposal for art
· Construction expected to be finished in early 1995
· Prepare letter offering support of commission
11.
Opportunities for art in new library.
· Library Commissioner Sheila Mohan may attend, or provide comments in writing.
· Offer of sculpture valued at $50,000
12.
Creation of mural in one or more locations to discourage graffiti
· Mervyn's law enforcement grant
· Similar projects in Los Gatos
13.
Options for promoting existing and anticipated public art
· Consider preparation of brochure and/or developing a walking tour of art in Cupertino
to include DeAnza College, Cupertino Senior Center, Quinlan Community Center,
Whole Foods, Portal Software, City Center Plaza, etc.
· Consider selecting representatives to collect data and photographs
STAFF REPORTS
14. Status report on City Center Park project and art
· Park construction schedule
· Status of"Perspectives" sculpture by Roger Berry
15. Committee Roster (information item)
NEWS ARTICLES
16. Media coverage
ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make
reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance,
please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of the meeting.
CITY OF
CUPEI INO
DRAFT MINUTES
FINE ARTS COMMISSION
Regular Meeting
July 22, 2003
CALL TO ORDER
At 7:35~o.m., Chairperson Shirley Lin-Kinoshita called the meeting to order in the City Manager's
Office, 10300 Torte Avenue, and led the Pledge of Allegiance.
ROLL CALL
Present: Chairperson Shirley Lin-Kinoshita, Commissioners Nancy Canter, Carl Orr, Hema
Kundargi, and Rim Young (7:40 p.m.). Commissioners absent: David Kim and Janet Mohr. Staff
present: City Clerk Kimberly Smith.
APPROVAL OF MINUTES
1. Minutes of the regular meeting of June 24, 2003.
Nancy Canter corrected the spelling of her name in the minutes, and Canter/Kundargi
moved to approve the minutes as corrected. The motion carried with Commissioners Kim
and Mohr absent.
PRESENTATIONS - None
ORAL COMMUNICATIONS - None
WRITTEN COMMUNICATIONS
The City Clerk distributed additional news articles that had not been included in the backup
materials. The Commissioners noted that two reporters have shown interest in doing follow-up
stories on the Distinguished Artist of the Year and the process to select that honoree, as well as the
sculpture "Perspectives" which was commissioned for the comer to Stevens Creek and DeAnza
Boulevards.
The City Clerk noted that photographs had been provided by Extended Stay America Hotels
showing the type of art that they propose to place at their new location in Cupertino. The
commissioners asked that this item be put on the next agenda for discussion.
COMMISSIONER AND LIAISON REPORTS
Monthly meeting with Mayor Chang (3~d Tuesday at 5 p.m.)
· July and August meetings have been cancelled.
· Shirley Lin-Kinoshita will attend September meeting
July 22, 2003 Cupertino Fine Arts Commission Page 2
NEW BUSINESS
Distinguished Artist of the Year award (Kundargi, Orr, Young)
· Confirm award date, location, and presenter (Lin-Kinoshita
· Feasibility of arranging for an exhibition
4. Consider cancellation of August 26 meeting (week prior to Memorial Day weekend)\
The commissioners concurred to cancel this meeting.
UNFINISHED BUSINESS
5. Consider amendments to Guidelines for Selecting Public Art
Nancy Canter reviewed her recommended changes and additions, and the commission
offered further suggestions. The City Clerk will incorporate all of those and provide the
commission with a second draft at the September meeting. The commissioners also asked
to see a copy of the contract with the artist Roger Berry, to confirm that copyright and other
issues had been addressed.
The commissioners asked that the next agenda also include discussion of creating a public
art catalogue and development of a walking tour to include DeAnza College, the Senior
Center, and the public art throughout the city.
Art and Wine Festival of July 19-20.
· Analysis of outreach and ideas for next time
The commissioners shared their experiences from the event, and agreed that it was a great
public outreach opportunity, and they wished to participate again in 2004. Carl Orr noted
that there was a very positive response to the "Perspectives" maquette from a
representative of the Verona Apartments, who was collecting information for future
residents.
Comments regarding plans for next year included:
· A large "Fine Arts Commission" sign on the booth is needed because there were too
many city logos around, so the banner alone was not sufficient.
· Paperweights needed.
· "Party favors" (colorful necklaces) were a good draw for children, who brought over
their parents.
· If the weather is very hot, consider spray bottles/portable battery fans.
· 400 flyers each will be sufficient.
· Consider gift bags because people didn't want to take too many flyers.
STAFF REPORTS
Status report on City Center Park project and sculpture "Perspectives" by Roger Berry
· Report on bid opening and award
The City Clerk reported that the bids had been opened and the project would be awarded
on August 4, 2003.
July 22, 2003 Cupertino Fine Arts Commission Page 3
8. Committee Roster (information item)
NEWS ARTICLES
9. Media coverage
ADJOURNMENT
The meeting was adjourned at 9:18 p.m.
Kimberly Smith, City Clerk
I-3
CUPE INO
MINUTES
FINE ARTS COMMISSION
Regular Meeting
August 26, 2003
The meeting was canceled for lack of business.
Kimberly Smith, City Clerk
JANLYN DANCE COMPANY
September 2, 2OO3
Kimberley Smith
City Clerk
City of Cupertino
10300 Torre Avenue
Dear Kimberley and Fine Arts Commissioners,
Thanks to the City of Cupertino and the Fine Arts Commission's grant
we have now been able to schedule Hyde Middle School for two
assemblies of "Beware the Goblins' Fruiff during Red Ribbon Week. It
was not possible for Kennedy Junior High to schedule us al this lime,
so two elementary schools within the bounds of the City and chosen by
the Cupertino School District (Garden Gate and Collins) will be the
benefactors of two assemblies each also during Red Ribbon Week (see
schedule below).
October 29~, 2003 Garden Gate Elemenlary, performances 9:.15 and 10:.30
October 30*, 2003 Collins Elementary, performances 9:.30 and t1:00 a.m.
October 3I't, Hyde Junior High, performances at 12:30 and 1:45 p.m.
We are hoping to get local press coverage in at least one of these
locations.
Thank you for your faith in our company in funding our programs in
Cupertino Schools for a second season running.
Sincerely,
Jayne King - Artistic Director
Rita Young
22632 Alcalde Read
Cupertino, CA 95014
September 1, 2003
Mayor Michael Chang ~' Members of City Cound[
Cupertino City Halt
10300 Torre Avenue
Cupertino, CA 95014-3232
Dear Coundt, ,
I am writing, regretfully, to resign from the Fine Arts Commission. Due to business reasons and
some hardship with developing our property in Cupertino, my family is moving to Fremor~t,
CaUfornia. With contacts and interests here and a thriving business in Saratoga, I expect to
co0tinue enjoying the wonderful things about Cupert~o that have become so famil, iar, as we[[
as to support the new City Center and enjoy our first major piece of pubUc art.
I have truly enjoyed serving 2 ¼ terms on the Fine Arts Commission. Upon leaving, I'd like to
give a final 'plug' fo~ pubUc art in Cupertino. As a business owner of a visual art concern,
having regular contact with volumes of parents throughout Si[icon Valley, I can tel[ you this
dty is comprised of an enormous population of art minded cultures of people that wit[ fee[
greatly served by seeing more pubUc art in the City. PubUc art is a constant 'visual' reminder
that the dry promotes art and culture and what nicer way is there to say we care about where
we live. "
Sincerely,
cc: Kimber[y Smith
City of Cupertino
Notice of Fine Arts Commission Unscheduled Vacancy
Notice is hereby given that the City of Cupertino is accepting applications for an
unscheduled vacancy on the Fine Arts Commission for a term that ends January 15, 2006.
The vacancy occurred when Commission member Rita Young resigned.
FINE ARTS COMMISSION
The commission consists of seven members, representing the arts, citizens and the
business community on an approximately equal basis. The council appoints members for
four-year, overlapping terms. None of the members shall be employee or officials of the
city. At least five members shall be City of Cupertino residents.
The powers and functions of the Fine Arts Commission shall be to foster, encourage and
assist the realization, preservation and advancement of fine arts for the benefit of the
citizens of Cupertino.
Meetings are held at 7:30 p.m. on the fourth Tuesday of each month, City Hall
conference room A.
This position will be filled along with other vacancies in January. Notice regarding the
deadline for applications and when the City Council will conduct interviews will be given
in October. For more information, or to obtain an application, please contact the
Cupertino City Clerk's Office at (408) 777-3223.
Cupertino Public Art Program
General Guidelines for Selecting Public Art
Prepared by the City of Cupertino Fine Arts Commission
Adopted May 28, 2002
Amended 2003
Cupertino Public Art Program
General Guidelines for Selecting Public Art
I. Purpose
The Fine Arts Commission desires to create a visual identity for thc City by placing
artworks in various locations.
II. Goals
1. To lay the groundwork for selecting public artworks by developing policies and
setting clear guidelines and objectives
2. To acquire art for the City of Cupertino's temporary and permanent collection of
sited and portable art works, through purchase, competition, loan, etc.
To identify funding sources, including the proposal for a "One Percent for Art"
program as a part of the city's General Plan
To identify potential sites on public lands appropriate for the placement of
completed artworks
III. Guidelines
The following guidelines are meant to assist in the selection of sited works:
Various visual media and materials, both traditional and non-traditional, will be
considered. Durable materials with minimum maintenance requirements and
maximum resistance to vandalism will be required.
The artist shall have proven ability and experience in designing, managing and
producing hands-on large-scale integrated artwork. Selection of artists will not be
restricted by age, gender or ethnic background.
It is desirable to involve the selected artist and/or a public art consultant on a
project design team at the conceptual phase of architectural planning. This will
help to fully integrate art works into building projects, to help to provide
developers with a positive experience and to help to prevent expensive retrofitting
later. If an artist has not yet been selected, the consultant will offer art options
and selection procedures.
The function of the consultant will be to foster communication among people with
differing backgrounds (e.g. artist, developer, planner, public works, architect,
landscape architect, engineers, attorney, community), to manage the
-2-
fabrication/installation processes, and to promote integration of art with the
environs.
The consultant may also serve as project manager, which wouM include the
responsibility of monitoring progress, and keeping the project on time and within
budget.
4. Public liability and environmental concerns shall be addressed.
Where public funds are used, the community surrounding the future art may be
invited to participate in helping to select the art and helping to generate
community acceptance.
A timeline will be designed to provide adequate time to coordinate and educate
parties involved and to structure the overall plan for a project.
Acquisition Procedures
All potential acquisitions, whether gifts, donations, purchases, commissions, or loans of
art to the City of Cupertino must be reviwed by the Fine Arts Commission and approved
by the City Council or it's designee.
Works of art should not be accepted if the city cannot provide for the display, storage,
protection and preservation of the work under conditions that insure its availability to the
public, and insure its permanency in the city's collection.
Methods of acquisition shall include the following:
Direct purchase
Direct commission
Gift or Donation
Temporary Loan
Permanent Loan
Competition
Temporary Exhibit
-3-
Title to the works of art acquired for the permanent collection shall be transferred to the city
of Cupertino. A contract between the city and artist or agent will be entered for loaned art.
Copyright
Works of art acquired through acquisition process described above shall effect a copyright
agreement with the artist prior to acquisition, so that the city can make arrangements to use
reproductions of the work for publicity and professional puroses, without infringing on the
artist's copyright. Institutions or individuals interested in reproducing works of art in the
City of Cupertino collection shall contact the staff liaison to the Fine Arts Commission in
writing to request reproduction privileges.
Placement
To ensure excellence in the work's physical embodiment of the principles of design, the
involvement of a peer professional in aesthetic decision-making is desirable.
Sited works will be appropriate to the location, i.e. be proportionate in size and be integrated
into the environs or architecture. The Fine Arts Commission, in its review, shall take into
consideration the site map of proposed city locations for artwork (See Exhibit A). Sited
works may reflect the history and culture of the area.
Access to Works of Art
Works of art from the city collection shall be on public view in locations accessible to
members of the public during regular business hours, unless other arrangements are reached
with the artist.
Preservation and Maintenance of Works of Art
The Fine Arts Commission will conduct regular inspections of all items in the collection to
determine their condition and identify any needed maintenance or restoration.
Documentation of Works of Art
The Fine Arts Commission, with the assistance of thc staff liaison, will develop and maintain
the archives and records of thc city's collection.
Information to provided by thc artist shall include:
1. A description of the work of art
2. A picture of the work of art (preferably both a digital version and a photograph)
2. Recommended care and maintenance
3. An appraisal of the value of the work, if available
An electronic catalogue entry of each object in the collection, as well as correspondence with
the artist, shall be maintained in the staff liaison's office (see sample catalogue form, Exhibit
B).
Insurance
In case of damage or loss, any works of art owned by the City of Cupertino shall be handled
under the city's insurance policy provided by the Association of Bay Area Governments
(ABAG).
Works of art that are on loan or temporary exhibit are the responsibility of.
set forth in the contract with the artist or agent.
or as
Deaccession of Works of Art
Works of art Which are the property of the city of Cupertino should be deaccessioned only
according to city policy (Clerk to survey other cities).
Funds received from the public sale of works of art from the collection should be used only
to benefit the collection of art for the City. It is recommended that proceed from the
deaccession be directed back to the purchase of works or art for the collection or for the
conservation of objects in the collection.
The de-accessioning or removal of an artwork will follow legal procedures and protect both
artist and City from liability.
-5-
Exhibit A
Insert maps/documentation of recommended sites for place of public art
-6-
City of Cupertino Exhibit B
Catalogue of Art and Sculpture
General Description
Title:
Subject Matter:
Materials and Condition:
Dimensions:
Location(s):
Artist's Information
Name:
Address:
Telephone: Fax:
Email:
Notes:
Acquisition
Date:
Indicate method of acquisition:
0 Direct purchase
0 Direct commission
0 Girl or donation
0 Temporary loan
Purchase price, if applicable:
Value (with date of appraisal, if applicable):
City of Cupertino ID number
0
0
0
Catalogue No. __
Permanent loan
Competition
Temporary exhibit
-7-
Ownership Information
(intended for referencing work at DeAnza, Portal, etc.)
Owner:
Maintenance
Recommended care and maintenance:
Special services/supplies, if any:
Condition (indicate the date the art was last inspected):
ATTACH PHOTOGRAPH(S) AND INSERT DIGITAL IMAGE HERE, IF AVAILABLE.
-8-
AGREEIq~F.,NT FOR CONb-qLI~TATION, DESIGN, FABRICATION,
TRANSPORTATION, AND INST~LI~TION SERVICES BETWE.~N THE CITY OF
CUPERTI~O AND ROGER BERRY, ARTLST A SOLE PROPRIETOR, FOR A WORK
OF ART
This Ai~eemm*, for Consultation, Fabrication, Transportation, and Ins~dlafi~ and f~r a Work
of Art a~ ~he southeast corn= of Stevens Creek Boulevard nad De Anna Boulevard in Cupertino
(AGREEMENT), effective and entered into this/~to~y of~,;2003, in Cuperfmo,
Olifor , by and b ween of tupelo (C TY), Roar (ARTIST).
RECffAL8
WHEREAS, ~he CITY OF CUPERTINO desires to obtain Art Consultation, Design Fabrioafion,
Transportation, md Inst~ll~on ~r~i~ for a sculpture piece oall~l "F~pectives', hereinafter
referred m ~s the SCULPTURE, in City Cen~er pin,n; and,
WHEREAS, Roger Berry Ires the necessary professional expertise and skill to perform the
Afl/sfic services rcquired.
NOW, THEREFORF~ the purpose of this Agreemmt is to retain Roger Ben3, ~ ARTIST to the
CITY to perform ~hose services spec'flied in Exhibit A or,iris Agr~'ment.
THE PARr~ It]~Y AGREE AS FOLLOWS:
TERMS OF AGREEMENT
1. Definitions
Where any word or phrase defined below, or a pronoun u~d in place thereof, is used in ~ny pzrt
of this Agreement ond Specifications, it shall hve the meaning herein set forth:
1.1 "ARTIST" shall m~an Rc, g~r Berry.
1.2
"AFt WOFk' ~h~l! mean the SCUI~ "Perspectives", by the ARTIST foF ~he City
Center Plaza, dmcn'oed in EXHIBIT A - SCOPE OF WORK, and &s approved by the
CITY.
1.3 "City Manager" ~h~ll mean ~h¢ City Manager of&e CiD' of ~o, C~
F~ ~ F~ 8, 2~3
-- 1.4 "CITY" shall mean the City ofCu~o, a municipal corporation.
1.5
1.6
1.7
1.8
1.14
"City Council" shall mean the City Council of the City of Cupe~ino.
"city Project Manager", or "Project Manager, shall mean TesTy W. Greene, City Senior
"Final Design" shall mean the final specifications and infom~fion ss indicated in
EXHIBIT A - SCOPE OF WORK.
"O*n~al Conmu:~s)" ,~!1 mean the Sandal contra~or (s) ~ by CITY to cons~ruc~
the City Cent~ Psrk.
"Project Director" shall mean Ralph A. Quails, Jr., Director of Public Works.
"Project Mam~em*nt Team" shall mean the City Project Ms~ager, Teny Greene, the
Public Works Director, Ralph Quails, the Construction Manager, David Mzrks, *nd the
Owners Association I~l~-santafive, Don Br~.
-Proposal" shalimcentheapprovedS~ set fo~hinEXI-HBIT B-
PROPOSAL
"Site" shall mesh southeast corner of Stev*ns Creek Boulevsrd and De Anza Boulevard
in Cupertino, Cslifomi~
-Work" shall me-n the work to be done in providin~ the City of ~o with the
SCULPTUP~ ss dsscribed in EXHIBITS A, B, *-dC, ssprovidedunderthe~-.*of
thi~ AGREEMENT.
Whenever the words "ss dh'ected', "ss required", "ss permitted", or works of like effect
are used, it sh~il be understood ss the direction, requlr~m*nt, or po~ni~ion oftbe CITY.
The words "sufficient", "necessarf, or "proper", and the like, mean sufficient, necessary
or proper in thc j.flgm*nt of the CITY. The words "approval", "acceptable",
"satisfactory", or words of like import, shall mean ~-oved by, or acc~F~ble to, or
satisfactory to the CITY, unless otherwise indicated by the context.
2. Term of the Agreement
The te~ai ofthl. AGI~Rk-'MENT .hnll be I'Ve, comman¢ing mi July I, 2002, and
,~. end on December 31, 2003. The CITY may, in its discretion, ex'amd the mrna of this
AGREEMENT by one (1) or more months, up to a maximum of (6) months, by giving
written notice to ARTIST a~ least thirty (30) days ptior to the Te~atination Date.
Fbud Aareeme~ Febnmry 8, 2O03
P~ ~ nf?~
7-1C
4.1
4.4
~ervices Art~t Agr~s to Perform
The ARTIST agrees to perform the services provided for in EXHIBIT A - SCOPE OF
WORK, and fu~her desaibed in EXHIBIT B - PROPOSAL, ns =ppioced by the CITY,
which are attached hereto and incorporated by r~f~rence as though fully se~ fo~h herein.
Timely Provision of ~ervices
The ARTIST agrees to the following schedule of deliverables. CITY may, in its
discretion, notify ARTIST, in writing: of changes in the following schedule:
.~- Completion by February 28, 2003. ARTIST shah coordinate with
CITY to rtwiew s~ructoral, location, and dimension aspects of art work. ARTIST shall
completc schematic design drawings reflecting above issues and submit to CITY for
review and approval by above referenced date.
~- Completion by April 30, 2003. ARTIST shall provide final specifications
for the SCULPTURE to the CITY, for review and approval, by the above referenced
date, inchuiing working drawings for all componente, s~qgtoral/en~needng drawings,
~.O~t ~-~4'imat~ OI1 fi~fil~lRioR ~uld 1~t~'i~ ~ and accurate sRe plm:emeng and
samples of materials indicative of odor and surface ~__anent. ARTIST shah supply
evidence of Insurance A~nln~ Lo~s, to CITY, n~ reqilifod in S~lion 15.1.
Fabrieation- Completion by August 31, 2003. ARTIST shall provide evidence of
compl~on of fabrication to CITY. ARTIST shall supply evidence of General Liability
Insurance and Compt~han~ive Automobile Linbility Insurance, to CITY, ns required
under Section 15.1.
Trans~o~aflon / DeUverv - Between September 1, 2003 and September 30, 2003.
ARTIST shall be responsible for the trion and delivery of the SCULPTURE
the site during the referenced daIes.
~ - Completion by O~tober 31, 2003. ARTIST shall install ~e SCULPTURE
on the Site by the nbove ~efm~t~i a~,._. ARTIST shah eoordinnte the installation of the
SCULPTURE with the CONSTRUCTION MANAGER and the CONTRACTOR.
Tbe ARTIST shall consultwi~projeotteammembets as requested by CITY, during
schematic design, final design, fabrication and installation. ARTIST ~hnll be given not
less than 30 days notice of all product delivery deadlines or schedule changes.
$. Approval Process
If the CITY, in its sole and reasonable discretion, determines to withhold any a~pwval or
any element as spodtied below, the CITY shall have the fight to immedi~ely terminnt~
this AGREEMENT and shall have no further obligntions under this AGREEMENT.
C~y C=~ Pa~t
Pn~ ~ nfg'~
7'Il
5.2
5.6
5.7
Schematic Design~ The ARTIST ~hsl! cooralnnt~ with the CITY to document stmctm~
seismic, location, and dim~msional aspects oft:he SCULPTURE. The ARTIST shall
submit Schematic Design for ul't ~r ~pp, oval. Upon ~c_-pmace and ~l,~,vval by CITY,
ARTIST will be issued a Notice To Proc__~ed for Final Design.
Final Desi~ The ARTIST shall submit the Final Design for CITY spproval. Upon
acceptance and approval by CITY, ARTIST will be issued a Notice To Proceed for
Fabrication.
Fabrication. The ARTIST shall submit evidence of completion of Fabgcation for CITY
approval. Upon acceptance and approval by CITY, ARTIST will be issued ~ Notice To
Proceed to prepare for Transpor~ion and Deliver. The CITY shah be given aeneas to
the SCULFFURE and ARTIST'S studio, during nom~l business hours, to review the
ARTIST'S progre~, throughout the design snd fitbricaHon process.
Tnmsportation and Deliv~. ARTIST shall submit evidence of the required General
Liability and Automobile Liability instwance ss descn'bed in this AGREEMENT. Upon
~ end approval of the insurance end wanspor~on documents by CITY,
ARTIST will be issued a Notice To Proceed to Tnmspo~ and Deliver. CITY will
upon arrival at Site.
Installation: ARTIST shall consult with the CITY as epprop~ate durin~ the installation
of the S~. The ARTIST is ~*irely r~ponsible for the material, means and
methods of insmllstlon of the SCULPTURE, and at no ~ime, prior to Final Acceptsnce
will CITY be responsible for those mam'iais, means or me~hode.
Conditions to Final Acceptance: Thc completed SCULPTURE shall not be deemed to
have been nccepted by CITY until each of the following conditions has been fiflfilled, as
determined by CI'IY':
(a) Any danube to the SCULPTURE, which occurred during trsnsportafion, delivery
or installation, must be r~,aked to the satisfltcfion of CITY.
Any disputes between ARTIST end other site contractors, arising out of or related
to the installation, mus~ be resolved to the satisfsction of CITY.
ARTIST .hnll present Lien Releases for aH Sub Contractor work associnted with
the design, fabrication, transportation, delivery, and installation of the
SCULPTURE.
(d) CITY has received and approved appropri~ SCULFFURE Maimenanc~ Repair
and Operations Plan provided by ARTIST.
Consultation during Design, Fabrication and Installation; Devintion from Approved
SpecHicntions
C~ Ctm~r Park
Fired .s, gtems~ February s, 2oo3
6.1
Consultation. Artist hereby acknowledges that the goal of the pa~ties to this Agseemcnt
is the installation of a work of art ~,,,* best represents the cre~ivz talents of Artist and
conforms to the requirements of ~he CITY. To those end~ ARTIST asrecs to be
available, as reasonably required, for consultation with the CITY during final design,
fabrication, transportation and inmllafion of the SCULPTURE, aI no additional cost to
the CITY.
Deviations From Approved Design. Artist ~h~ll fabr~c~e and install the SCULPTURE in
strict conformiV/with the drawings and specifications approved by the CITY, pursuant to
Section 5 above. However, ARTIST may si any time make a reques~ of the CITY for its
approval ofa devlafion from the ,,ep, vved drawings and specificaIions; provided thai all
such requests be made in reasonable specificity and with reasonable advance notice to
provide the CITY with sufficient information and t~ne to make an informed and
considered decision. In no event shall any deviation increase the project scope and/or
budget without prior CITY ~val. The CITY may wilhold approval to any such
requested deviation.
Preparation of and Access to Site / Notice of Conflicting Conditions
The preparation for the Site shall be the respons~illty of the ARTIST. Artist may, by
mutul al~cement, contact with the seneral contractor to pe~'orm all site p~pamfion and
post installation work. Artist shall not tnmslxxt the $CULPTURB from the studio to the
SRe unlil access to the Site has been approved by the CITY. The CIT~ shall not approve
ARTIST'S access to the Site until:
ARTIST hes submitted to thc CITY certificates evidencing General Liability
insurance and Automobile Lisbili~ insurance as required pursuant to this
AGREEMENT; and,
ARTIST has submitted to the CIIW a c~lificsie evidencing a transportation
a~rcemant between ARTIST mai a bonded Transpotter.
ARTIST has submitted a written acknowledgement ofrespons~ility for ~11
parking fees, transportation permits, penalties as may be incurred during mmsport
and other corn or chsrges arising from, or associa~i with the mmapo,',,alon of
the SCULPTURE.
Where ARTIST'S work is associated with that of any other contractor, ARTIST shall
e0ramlne the edjacent wolk ami ~ in wr~n_a_ tO the CITY' any visible defect or
condition preventin~ the proper execution of this AGREEME~. ffARTIST
withou~ giving notice, ARTIST shall be held to have sccep~ the work or msicrial and
the exisii~ conditions, and shall be m-sponsfole for any defect~ in his own work
consequent thereupon, and shall not be relived of any obligation or any guarantee because
of any such condition or im.nerfection.
7.3 To the extent thsi any pa~t of the ARTIST'S work mnst interfece with work performed or
installed by others, ARTIST shall inspect nnd measure the in-place work and promptly
Ci~ Cen~r ?ali
~-,,,,a ~ Febflm~y 8, 2oo:3
7.4
7.5
report to tbe CITY, in writin~ any defect in such in-place work that will ~ .mille or
incre,~s~ the cost of the 2~R. TIST'S im~fa~, unless correoted. Th~ CITY' will resolv~ the
defective in-place work, to the s~isf~iun of~ and wiflmul expense to, tbe ARTIST. If
the ARTIST fails to measure, inspect and/or mpo~ defects that are ressonably
discoverable, ail costs ofaccomplhhin~ the inl=[~ce shall be borne by the ARTIST. The
for~oi~ doe.* not apply to laten! defects. The Artist shall ~port latem defects in the in-
place work at any time such defects becom~ known to ARTIST, and the CITY shall
Any &iffer~nce or conflict ~ may m/se between the ARTIST and other conm~s in
~,~d to their Work shall be adjusted as det~,...~i~i by the CITY, its agent, or/ts
authorized representatives when such suspension or prosecution is nece-,u~y to facil/~*~
the work of other conu-actors or workers. No denmges or claims by the Aelst will be
allowed therefol~ other ~ an ~,-x~n~ioll oft/me es specified in ~h~ Coll~l~K~t for the
completion of Work. Such an extension will be for the period of time es the CITY sh~li
consider the Arti~ to have been delayed in the completion of work by reason of the work
of other contractors or workers.
If, when the Artist comple~es fabrication or procm~ment of the Work in accordance with
thc approved schedule and notifies thc CITY lt~ the Work is re~ly for installation, the
Attis~ is dehyed from installing the Work within the time specified in the schedule as a
result of the co~ction of the Site not bei~ sufficiently complete reasonably to permit
installation oftha Art work therein, the CITY shall promptly rdmbu~se the Artist for
reasonable s~om~e cost~ incun~i for the period between ~he time provided in the
schedule for commm~.~t of installation and the date upon which the Site is
r~aso~hly sufficieutly compile to p~, a-,~t installation of the Art work.
Artist shall not be entitled to any other dam~es for delays in the installation or
acceptance of the work due to any actions of the CITY, its consult~m~ or conmmtors.
Artist shall bear any stor~e cos~ ~ultinE f~om the completion of services under
A~mement prior to the time provided in the schedule in Section 4.
Compensation
Couum~ Amount: The torsi conUsct amount is ONE HUNDRED FORTY THREE
THOUSAND SEVEN HUNDRED EIOHTY-EIGHT DOLLARS AND 00/100 CENTS
($143,788.00) fm an services under thi, Agreement, including payment to all suppliers,
subcontractors, fees, taxes, permits, insurance, transpor~on to and from meetings, and
all other expanses ~sucisted with the scope of work specified in ~ A~reemont. The
~ shall be respons~le for the payment of all mailing or shipping charges on
submissions to the CITY, the costs of mmspor~n5 the work to the site and the costs of all
wavel by the Artist and the Artist's agents and employees necessary for the proper
pedu~umnce of the services requimnent under this Ag~ement The breakdown of costs
associated with this Agreement is provided in EXHIBIT C, "Calc~l,~ion of Charges,"
-~,,-,~bed h~to and incorporated by referonce as ~ fully set for~ herein.
C~y C0n~ Park
Ftm~ Ast~m~m, Feb~mry S, 200~
7-tSt
8.3
o
No charges shall be incurred u~der this Aareemmt nor shall any payments become due ~o
Artist until all r~orts and services, or both, ~quired under this Agreement a~e received
from Art~ ~d spp~ved by tbe CITY as being in accordanc~ with this AgreemenL The
final payment of ~e fee is due and payable when the work is finally ~w.~pted by the
CITY ~ud a final invoice is submitted by the Artist
In no event shall the CITY be liable for interest or late charges for any late payments.
Interim Payments: The CITY is not obligated to pay any pa~ ofthe Artist's fee o~ any
other project expenses unless end until the work is finally accepted by the CITY. The
CITY may, however, make interim payments to the Artist according to schedule and
conditions set for the in EXHIBIT C - "Calculations of Charges".
Effect of Approval for Interim Payment: Approval of the work to l~,...it an interim
payment is solely for the benefit of the Aflist Payment does not constitute acceptance or
ar, v,,,val of the work by the CITY, nor shall it be consUued ss a waiver of the CITY's
right to require that the work conform strictly to the design and project specifications as
approved by the CITY.
Refund of Intmim Payments: In the event this Agreement i~ t~mhmted for any r~ason
prior to CITY's final payment to ARist, Artist shall immediately refund to CITY any
interim payment made ~o Artist, the amount of which has not been l~r~viously spent by
Artist as evid~ced by appropriate invoices or receipts to cover costs and expenses
approved by the CITY.
Method of Payment
Invoices furnished by the Artist under thi.q Agreement must be in a fot'~ twceptable m the
Finance Director. All mounts p~id by CITY to Artist shall be subject to audit by the
CITY. Payment shall be made by the CITY to the Artist at the ~kh~ss stated above.
10. Taxes
Any taxes levied upon ehi.q Agreement, the mmsacfion, orthe equipment or services
delivered undo'this Asreement, including sales or use tsxes shell bc borne by the Artist.
11. Linbility for Damage to Equipment or Ar~ Work
The CITY shall bear no respons~ility, nor incur my liabiliOy, for loss or dmnage to the
Afl work or my Arti~-own~l equipment involved in Artist's performance under this
Agreement.
12. Independent Contractor
City Cent~ Park
l~s~r I~my ~
Final Ag~mmm~ Fclmmry 8,
~o~ 7 ofg~
7'15
ofthls Agreement Nolhlng contained herein shah be con.s~ued an creating an
employment or CITY ~elntio~h;p belween the CITY nnd the Art~L
providing for directio as to policy and result of the Artist's work only not ss to the
means by which such a result is obtained.
13. Artist Warranties
Conformance wilh plnn* and Specifications. A~ist hereby expt~sly wnrt'ants to the
CITY that the Art work, and all services nnd materials incorporaWd therein, shall
conform to all plans and specifications of the A~ work nppmved by ~he CITY. The Art
work ~hnl! b~ subject to inspection and rejection with due cause by the CITY from the
beginning of fabrication until the fln~! completion and acceptance. An inspection by the
CITY of any work or mlrial shall not be deemed to be a waiver of any futme tight of
inspeclion or of any right to den~nd correction of any subsequently discovered defect.
Any work or tmuerial found to be unsatisfnetory or defective before final approval of~he
work shall be c~rrected or replaced by the ~ within a reasonable time. Inspection
shall not relieve the A~st of the Artist's obligation to ftunish materials nnd WOFlcmnn~hip
reasonably in accordance with the conm~-t.
Defects in M~rinl and W~. A_~ist wnmmts that the work will be free of
defects in wor~xanship or materials, in¢ludin_._g inherent de~cts, and that Artist shall, ~t
Artist's cost and expense, ~medy such defects in workmanship or materials, thnt appear
within a period of one (1) yesr f~om the date the work is finally nccepted by the CITY.
In ~he event the A~c work should deteriorate due to an inherent defect within one (1) year
from the date the work is finally accepted by lhe CITY, ~he Artist will repair or replace
~he work at Artist's expense. "Inherent defect" refers to a quality wimln ~he material or
mnterials which comprise the Art work which, either alone or in combination, results in
the tendency of Ibc work to destroy itself. "Inherent defect" does no~ include any
tendency to deterior~e which is specifically identified in the Specificntions submitted by
the Artist.
Title. TheA~strepresentsandwan~utstbat: (a) the Work is solelylhe resultofthe
atheistic effort of the ~ (b) the Work is unique and original and does not infringe upon
shy copyright; (c) the Work, o~ a duplicate thereof~ has not been nccepted for sale
elsewhe~; and (d) the Work is fi~e and clear of any liens fi-om shy source whatever.
Unique. Artist wan~nts that ~he Art work is unique and nn edition of one, and thnt the
Artist will not execute or authorize nno~her to execute anothe~ work of the same design,
dimensions or materiaLs as the work ¢ommi~sioned pursuant to this A~eement. For the
purpose of this wamm~y, ~he Art work shah be defined as "Perspectives". This warranty
shall continue in effect for a period consisting of the life of the Artist, plus 50 years and
ca r
Final ~ Feb~a~ s, 200~
14. Maintenance, Repairs, Alte~fions snd Removal
Maintenance and Repair. As a condition to final ncceptance by the CITY of the Art
work, the Artist shall provide the CITY with a parts list and writm~ description of the
t~ular maintenance needs of the Art work. Routine maintennnce of the Art work shall
be the responsib'dlty of the CITY. The CITY shaH maintain the Art work and/or mnlre
minor or emor~eocy repahs without Artist's approval or consultation, provided such
work is performed in ac~ora~mce with the maintonan~e and materials inform_*tlon
provided by the Artist. If necessary n~cutlrs cannot be mnde in accordnnce with the
Artist's specifications, or if Artist has provided insufficient information to the CITY, the
CITY may use its best judgment to effect necessary repairs.
Removal or Destruction. Artist hereby acknowledges that the Art work, when installed,
will be incorpo~*_~ within aud m*d~ a pail of the City Center Park in such a way that
removing the Art work from the CiO/Center Plaza, or the destruodon or modification of
the City Center Park may cause the destruction, distortion, mutilation or other
modification of the Art work. Artist therefore agrees that the CITY shall have the
absolute right incidental to its ownership of City Center Park and the An work to alter,
change, modify, destroy, remove, relocate, move, replace, transport, or trans~r, in whole
or in part (such actions being referred to herein as "Alterations"), the Artwork at such
time as the CITY shah deem necessary in order to exercise its powers and respons~ilities
with respect to public works and improvements in fut~eranoe of CITY's operations. The
CITY shall mnke a good fnith effort to provide the Artist with prior written notice of the
CITY's intent to undeflakc any Alterations to the An work. To the extent the provisions
of this Section are inconsistent with the provisions of federal or stnte law, inoindin$
without I!mitafion the California An Preservation Act and the 1990 Visual Artists' Rights
Act, Artist hereby waives any right to preservation of the An work provided by those
laws; provided, however, that the Aflist shah retni,~ suy right to disclaim authorship of
the Art work pursuant to and under the conditions set forth in the California Art
Preservation Act and the 1990 Visual Artists' Rights Act.
Public H*~-,d. Artist warrnnts to the CITY that the Art work as installed does not
contain features, materials or elements that pose a fort~eable danger to the public. In
the event tlmt the CITY cletex..,~nes that the Att work presents an immlne~t hn~'nrd to the
public, the CITY may authorize the ~moval of the Att work without approval of ~e
Artist. The A~ist shall be notified within ~ (30) days of any such action, and the
CITY shall then consider options for the final disposition, repair, reinstalhtion,
mnint~l~ge or de-accession of the Art work. In the event that the Art work can not be
removed without bei~ in~1~ably dam~ed or destroyed, the Ar~t he~oy agree~ ~o
waive any righ~ the Artist may have under the Clflifomia Alt Preservation Act and the
1990 Visual Artists' A~-'t, provided, however, that the Artist shall retain any right to
disclaim authorship of the Att work pursuant to and under the condifiuns set forth in the
California Art Preservation A~t and the 1990 Visual A_v~tz' Rights Acc
Arfist'sAddress. TheArlist shall nofif~ the CITY ofauychangein*_da_-ess. Failureto
do so ,hnll be deemed a waiver by Artist of any rights to npproval under th;, Section 14.
ci~,Ca~l~k
l~er i~Ty Ar~
Final Aal~ment, Fellm~ 8, 2003
IS. Insurance
Required Insunmce. Aa~ist ,~h.]! place and maintain for~e periods stated below, and pay
the cost thm~of, the following insunmce policies:
(a) Worker's Compensation. If Artist has employees, Artist shall procure and ma|fltalll
s ,*ory Worker's Compensation Insurance in the jurisdiction where the work is
being performed and provide a walv~ of subrogation against the CITY. Artist ,h~ll
also procure and msln~in Employer's Liability lmurance ~ a limit ofl~o les.q than
$1,000,000 each accident, coveting all employees. IfArllst warrants that he is not an
employer and bsa no employees as defined by the California Labor Codes Sections
3351-3351.5, then the C1TY waives the requirement for Worker's Compensation and
Employer's Liability Insurance under this ~ent.
Artist shall ensure that Aflist's n~=cuntractors who do qualify as employers es defined by
the Califomin Labor Code Sections 3351-3351.5 procure prior to certificnfion of this
Agreement, and maintain until Art work is accepted by the CITY, Worker's
Compensation, with Employer's Liability insurance, with limits of no less thnn $1 million
each accident, coveting all employees employed by Artist's subcontractor to provide
statutory benefits as required by the laws of California. said policy shah be endorsed to
provide that the insurer waives aH rights of subrogation against the CITY.
Co) Insurance Agaln~ Loss. Prior to disbursement by the CITY of the second interim
payment pursuant to Section 10.2, to be maintained until the A~ work is accepted by the
CITY, proof that the Art work is insured against loss for not less than the value of this
Agreement with not more ann $1,000 deduc~'ble.
the CITY, Comprehensive G~-"neral Liability Insurance with limits not less lhan
$1,000,000 for each occurrence combined single limit for bodily injury and property
dnmno~e, incinding COV~e for contractual liability, lnmd fona property damage,
completed co operations, and if any subcontracted work, independent contractors.
(d) Comprehensive Automobile Insurance. Procure, or cause his subco~ to procure,
prior to receiving the third interim payment, and maintain until the Art work has been
accepted by the CITY, Comprehensive automobile liabilfly insurance with single limit for
bodily injury and property damage of $500,000, incl,d~ing coverage for owned, non-
owned and hired automobiles, as applicable. Any deductible under such policy shnH not
exceed $1,000 for each occur~nce.
15.2.1 Ail insurance policies obtained porsunnt to this Section shall be endorsed to
provide:
Final A~memmt, Februao' 8, 2003
1~ lfl e~fg~
That thirty (~0) days written notice of cancellation, non-renewal or reduction in
coverage or lim;tS ~h~ll be gJv~ 1:0 ~l'l'~' lU~roject ~Vl.nz-zer, Terry Greene, CITY
of Cupexfino, 10~00 Torte Avenue, California 9~014; and
That such insurance is prlm.ry tO any otter insurance available to an additional
ilL. red with respect to ¢l,im~ arJsin~ out of this Agreement and that insurance
applies separately to each insured against whom a claim is made or a suit is
brought, but the inclusion of more than one insured shall not operate to increase
flze insurer's limits of liability.
15.2.2
All insuramm policies required utgl~' this Agreement shall be issued by insurance
companies reasonably m:ceptable to the CITY and ~h. I1 be authorized to do
business in the State of California.
15.2.3
The liability insurance policies required above shall b~ indorsed to -*-,e as an
additio~ insured lhe CITY and i~ respec~e members, officer, diroctors, agent
a~d employees.
15.2.4
Copies of all insurances shall be provided to the CITY, and complete copies of
any insurance policies obtained pursuant to this Agreement shall be provided to
the CITY if requested at any time.
16. Indemnification and GeneFal Liability
A~ist shall defend, indemnifi/and protect the CITY and its officers, employees, age~s,
contractors, consultants and members of its boards and oomm;~ioll9 (an "lnd~mniflcd
whole or in part, out of any injury to or death to any person or damage to or destnlclion
of any property, l~om any cause whatsoever, ml,t;~S to Artist's perform--c~, atir. u~i~cl
performance or failu~ to p~rform unde~ this Agr~mmt, whether such Loss is caused by
the Artist or his qmts, employ~-s or contractors, or by any third party.
In thc event any action or proc,~,,~ug is brought -~;n~t an Indemnified Person by reason
of a claim arising out of any Lo*~ covered by this indemnity, and upon written notice
~ such ~lldiemnifle~d Person, ~ ~hall at the Al~st'$ sole ~ answer and
otherwise defend such a~tion or proceedin$ using counsel app, u~:! in writing by
Indemnified PeraOlL Each ll~lemnified Person shall have the right to defend, adjust, settle
or compromise any claim, obligation, debt, demand, suit or judgment covered by the
indemnity set foRh in this Section.
For purpos~ of this Section, the term "Losses" shall mean any and all claims, dcm-rids,
losses, damages, liens, liabilities, injuries, deaths, penalties, fines, lawsuits and other
proceedings, judgments and awards rendered therein, and costs and expenses, including,
but not limlt~l m, reasonable attorney's fee~.
The artist ~h, II indemnify 8nd hold the CITY luirmless from all loss and liability.
in¢ludln~ attorney's fees. coufl costs, and 811 olher litigation cxpenses for 8ny
i-~-znent of the pm~nt ~ copyright, mule secret or any other proprietary ri~ or
ci~ Cen~r P~d~
Fiml Ag~nnm, Felmmy 8, 2003
f~om the Artist's work undo- thi~ Agreement,
17. Incidental and Consequential Dtmages
Artist shall be respo~"ole for consequential damages for personal injury in¢luflln~ death
or tangible property damage~ due to the Art~t's neg~gence or intentional acts. This
Agreement shall not limit any cau~ of action arising between ~he parties which is based
upon wrongful acts which arc independent of the Agreement.
18. Liquidated Damages
By entvt~g into this Agreement. Artist and his subennUactors agree that in the event the
wod~ as provided under Section 4 of this Agreement and EXHIBIT A is delayed beyond
the scheduled milestones and timellnes as specified under Section 4, the CITY will suffer
actual damages that will be im~ or ex~mely all.cult to determine, therefore,
Artist and his subcontractors agree fl~t ~he sum of ONE HUNDRED DOLLARS
(S100.00) per day for each day of delay beyond scheduled milestones and tlmelines is not
a penalty, but is a reasonable estim~t~ of the loss that the CITY would incur based on the
delay, established in light of the circumstances existing at the time the A~ment is
awarded. CITY may deduct a sum mprescntin$ the llquia_s__t~d damages from any money
due to the Artist. Such deductions slutll not be considered apennlW, but rather agreed
monetary dem~es sustained by the CITY because of failure to deliver to the CITY within
the time fixed or extensiens of time permitted by the CITY. To the extent tbet the dehy
is the result of either rain or cllm~c condi~ons that would impede the installation of tbe
Art work. or a delay in the schedule provided to the Artist by the General Con~-aotor, thc
Artist shall not be deemed reslxmsible fc~ said delay and shall be relieved of any
19. Artist's Default; Remedies; Termination
Artist's Defiuflt. Failure or refusal of the Artist to perform or do any act herein required
shall constitute a default. In the event of a default, in addition to any other remedy
available to the CITY, this contract may be terminated by the CITY upon ten (1 O) day
written notice. Such t~,,,.inm~ion does not waive any other legal rmnedies avnilable to the
CITY.
19.2
The CITY may tmmh~ate this Asl~'ment it'the work as fabricated si_o~ificantly deviates
from the Specifications as provided in EXI-~BIT A and the Final Design. There shah be
no t~,..lnnfion under ~ subsection, however, unless Artist fails to cu~ any such
nonconfmtmmce udthln 30 days after receipt of written notice from the CITY sottin~
forth in detail ~he nature of the nonconfonnnnce and the specific re--ts to cure or
correct In the event such a determination is made, this Agreement ~hnll t~ttt,;nnt~ 30
days after the date the CITY delivers to the Artist in writing a notice of its intent to
termlnn~e. The CITY mny Fescind the notice or extend the date for termination, but no
rescission or extension is valid unless it is in writing and approved by resolution of the
CITY.
ci~ ce~er P~
Final Agr~uxmt, Fe~ 8, 2003
7-20
The remedies described in subpara~aph ia) and Co) ar~ in ~-I,~on to aH other remedies
available to either pan'y under the laws of the State of California should the other party
fail to comply with the ~e~ms of thl. Agreement.
20. Notices
Submittals, requests, notices and reports required unde~ this Agrcement shall be delivered
as follows:
For the CITY:
Terry W, Gmene~ AIA
10300 To, re Avenue
Cupertino, California. 95104,
For the Artist:
37220 South River Rond
Cisrksbur~ CA 95612
A change in the designation of It~ pemon or address to which submitlnis, requests,
notices, and t~orts shall be delivered is effective when the othe~ party has received
notice of the chnn_o_e by certified
Ownership of Art work; Copyright and Patents; Documentation
Generally. The ~ ie~:-, aH rights under the Copyright Act of 1976, 17 U.S.C. 101 et
seq., and aH oiher fights in and to the Art work except as detailed in Section 22.5. The
CITY is not respons~le for any third paW/in6.~ement of the Artist's enpyrighls and
Artist sgrees to hold the CITY hannlees for any such infringement..
TitieandRiskofLoss. Tifle to the Art work shali be beid by the CITY. Tiflelx~zsesto
the CITY when the Council ac~Fts the work by resolution and the ~innl payment is made
to the Artist. The Artist bears the risk of damage to or loss of the Afl work until
ins~llatiun oftha Art work at the Site is completed as determined by the CITY.
Disphy. The CITY has the right to display the project drawings and is authorized to
make and reproduce photographs and other two-dimensional reproductions of any
drawings Or models for publicity and pro, tam purpo~s.
21.4
Ownership of Documems and Modeis. Studies, drawlng,; desi_on,, maquat~ and models
prepared and submitted prior to and during ~ Agreements shah belun~ to the Ar~t.
The CITY may select and the Artist ~hnll convey to the CiTY 01~ (1) awhival c~py of
the original drawings or models sulxnitmi as pm of the proposal, the CITY t~nRng
fl~at such drawing(s) or model(s) will be used by it solely for exhibition and held by it in
permanent safekeeping. The CITY shall, at its sole discretion, have the uncondltionnl
fight to own maqu~ttes selected for implementatiun as ~ of eommhqion awards or
all.natively choose to retain aH such n~quel~s until completion and approval of project
r~ ~ F~ ~, 2003
7'2!
implementation; rets*in first right of refusal to purclmse maquettes submitted by artists not
~elected for implementation; be given credit upon display and/or reproduction of any
maqu~tte o1' ]:~o]N)sal ~ommi~-~ioned, wh~tl~' ~ol~.~d for im~i~m~'l~ioll or not; al~d
require that nil l~o/~-n!* nnd/or maquette$ submitted be original and unique.
Reprodu~on Rights. The CITY shah have a ~ non=exclusive license to make,
and to authorize the m,~i%o of photographs and other two-dimensional ~roduction~ of
the work for educa~onal, public relations, n~ts promotional and other Bon-~mm~i~l
purposes. For the purposes of this ngreement, Ihe following are deemed to be
reproductions for non-comm~ial puzposes: reprodu~ion in exlu~oition catalogue,
books, slides, photographs, postcards, posters and calendar, and the CITY's on-line
homepnge; in art m~g*=i~es, art books, and art nnd news sections of newspapers; in
genernl books and magazines not primarily devoled to art but of an educational, historical
or critical nature; slides and film strips not intended for a mn~s audieHc~, and television
from stations operated for educational purposes or on programs for educational purposes
Artistic Credit. Artist he, by agrees ~ all formal references to lhe work and any
~duction of ~he Art work or proposal in any form ~ include the followin~ credit:
"Collection City of Cupertino." The CITY hereby agrees to credit fl~e At~s~ for the A~
work upon publi~ of any two-dimensional i~-productions of the work as stated in Rtis
Section.
Documentation. Artist shah provide ~omplete information regarding intent of Art work,
the materials, and proce-~es used in the fabrication nnd installation of the work to the
CITY for its ~.gis~'ation files. Artist shnll pro~(~ 5[}~c~ttiO~, nnd recommendations
for maintennnce of the Art work and its systems. Artist ~hnll provide fl~e CITY ~ a set
of two medium format color uanspatencies, and two $ x l0 black and white photo~hs
and their medium form~ neF~t/ves, for program and archival purposes.
22. Subcontrae~ng
The A,-tist shall not subconlract this Agt~=ment or any pnrt of it unless such
subcontrncting is =l, vmved by the CITY. Neither pnn'y shaH, on lhe I~sis of this
Agreement, conlra~t on behalf of or in the name of the off,er party. An A~reement made
in violation of thi~ provision shall confer no rights on any ~ and shall be null and
void. In ~he event Artist desires to subcomract for any of the services under this
A~'eoment, the Artist shall notify lhe CITY in w~it~u$ *nd des~ in derail the services
to be provided by said subconUactor. Within te~ (10) b~ines$ days ~ _r~_~_ipt of
Artist's notice of in~ent to subcontra~ CITY shall noti~ Atlist in writing of its consent
to subcontr~ which consent shall not be unreaso~ly wifl~ld, as well as any
insunmce requirements the CITY desires to impos~ on subconmmtor activities.
The Artist's agreements with his subcon~-actors shall require that the subcontractors
comply with each of the Artist's legal obligations to ~he CITY as set forth in this
Agreement.
The Artist shall pay 1~ wa~es to all employees or sub conlractors durin~ the
COOt'~ of eX~/i~ ~e work de~t-~b~d/n th~ Agreement, ~ ~h~ll ~ p~-pared to
submit Certified Payrolls to ~he City, for review, upon requ~t
~. No Assi~am.nt or Transfer
Ardst shell consistently give his personel attention to the feithful execution of the scope
of work of this Agreemant The Artist shall keep the work ond~r his control and shall not
assign or subcontract the whole or any pm thereof, except as herein provided. All
transactions with subcontractors shall be made thro~,~h the Artis~ and no subconu'acior
ah,ll relieve the Artist of any of the A~ist's liability or obligations under this contract
24. Compliance with Laws
CootrBgtor Shah Not Diso'imlnnt~. In the pcrforulalle~ ofthls cona-aot, Artist agrees not
to dis~rlmlnnt~, on the basis of the fact or perception ora person's race, color, creed,
25. Miscellaneous
Survival of Indemnities and Other Provisions. T~rmination ofthis Agreement shall not
affect CITY's right to enforce any and all indemnifies, representations or warranties
~iven or made by Artist to CITY under ~ Agre~mant, nor shall it affect any Other
provision of~fis Agreemant that expressly ~_~s it shall survive termination.
Force Majeure. The t~rm "Fore Majeure" with respect to a dehy in performance shall
mean any delay that is aYm'butable to (1) any slrike, lockout or other labor or industrial
disturbance (whether or not on the part of the employees of either party thereto), civil
~ce, future order claiming jurisdiction, act of the public enemy, wa~, riot,
sabotage, blockage, embargo, imlbiliiy to secu~ customary malmials, supplies or labor
thro,,~h ordimuy sources by reason of regulation or order of any govemmant or
regulatory body: (2) any changes in any applicable laws or the in--on ther~oP, or
(3) any flood, washout, explosion, or any other cause beyond the reasonable control of
the pray f~om whom porformance is requi~d, or any of its contractors or other
r~rasantsfives. Any prevention, delay or stoppage in a pafly's p~rfonnance hm~under
due to Forc~ Majeure shall excuse the performance of the party affected for a period of
time ~ to any such prevelltiou, delay or stoppage; provided, however, that during the
period of any such delay or s~oppage, the party whose p~formance hereunder is excused
shah tsk~ ali reaso~tble sgep$ necessary to mlnlmi~'e the length of such delay or stoppage.
Governing L~w. This Agre~nant, re~rdlass of where cxconted or performed, ~ be
governed by and construed in accordance with the laws of thc Sta~ of Californis~
25.4 Successors and Assi_ona The terms, covenants and conditions contained in ~
Agreement ahnll bind and inure to the benefit of Artist and CITY and, except as
othm~vis~ provided herein, their ~ representatives and succ~son end assigns.
There ar~ no ltfird.party beneficiaries to this Agreement.
city c~m~ Psrk
Fiml Agr~m~ F~'u~y $, 2003
Pno~ I ~ of 9'I
Inte~atod A~t; Modification. This Agremment oont~ina ~ the agr~mont~ of the
palfie~ h~to ro!ntlng to the subject matter addressed herein, and ore, not be amemted or
modified except by a written agreem~t mutually executed b~een each of the parties
hereto.
Non-waiver of Rights. The omission by either party at any time to enforce any &ffault or
fight r~served to it, or to require performanc~ of any of the terms, covenants, or
provisions hereof by the other party at the time designated, shall not he a waiver of any
such defauR or right to which the party is entitled, nor shall it in any way affect the right
of the pawy to enforce such provisions thereafter.
Entire Agreement; Construction and Interpretation of Agreement.
The parties intend that thi~ Agreement (includin~ all of the attached exhibits,
wMch are made a part of this Agreement) shah be ~he final expression of their
a~teement with m~pect to the subject matter hereof and may not be conlradicted
by evidence of say prior or contemporaneous written or oral agreements or
Should any provisions or lX~ions of this Agreement be held unenforceable or
invalid, the remaining provisions and portions shall be unaffected by such
holdings.
The subject b.=ai~? of the para~hs orthls A~r~ment ar~ for convenience
only and shall not affect the construction or inmpretstion of any of i~ provisions.
The parties het~m a~ree to execute such fu~he~ instruments and to tske such
further actions as may be reasonably r~quired to carry out the intent of this
Agreement.
This A~reement may be executed in two or more counterparts, each of which
shall be deemed o 'r~inai, but all of which taken togethor shall ennstitu~e one and
the same insmm~ent.
If more ~hnn one person exec~ this Agreement on behslf of"Artist", the
obligations md liabliifies of each such person shall be joint and several as to all
oblisations and liabilities of Artist hereunder.
For purposes of~h;. A~mnent, reasonable attorney's fees md legal eom and
char~es of CITY's City Attorney Office shall be besed on fees re~,,t,-ly charged
by private attorneys in the CITY with an equivalent level of expertise end
practicing in law fi~ms with approximately the same ~,,m~ of attorneys as the
City Attorney's Office.
city c~t= P~k
F~ As~eem~. Fe0m~ S, 2003
E~IT A
SCOPE OF WORK
3~
I~rENT OF AGREEMENT
The int~mt of mi~ Agreem~t is to define ~he work to be do~e in comple6-2 lh¢ s~hemafic
design. I%~1 design, fabricating. Uansporfi~g and installing an A~ work for ~he City
Center Park, as descn'b~d in the Proposal, included here as EXHIBIT B.
DESCRIPTION OF ART WORK
In summary, the Art work, "P=,~pectives", will be a fixed sculptme made of a stainless
s~el triangular hollow tube approxim~ly 12 inche~ i~ ~ion. wrappin~ in a fi~ur~ 8
reacking about 20 feet in height from its anchor point on the ground.
SCOPE OF WORK
Thc Artist will b~ respons~le for (a) providiog thc CITY with the final design and
imallation me~ements, Co) fabri~tins, tr~Vo~S ~l ~ (c) consultins on
~he Art Work and (d) providing ~ports, documemafion and description of ma~n*enance
Consu!mion. Consult with ~nd mm wi~ ~e Proj~-~ Man.er ~s needed to 'coordin~
the work of ~ design and fabrication wilh the Building Consm~zfion plans and
schedules.
Fabric~tion by Subconmwtor. Provid~ the CITY with the n~me. address and telephone
nmnber of each subcontractor prior to the Artist be8~ any work under
Agreement Provide a de~ription of thc work to b~ performed and ~he amount of the
subconuaci and wri~n oopies of the agreemems with each.
3.3
Suppliers. Provide the CITY with ~e nmne, address ~nd telephone numbe~ of suppliers
whose total invoices are e~ to exceed $1.000 prior to be~innin~ work under this
3,4
FinaIDesign. Submit the Final Desi~ for approval by the CITY. All plam must be
approved and bar~ the signatu~ of an appropfia~ licensed design professional whenever
necessary as required by the City's adopted California Buildi~ Code. The Final D~ign
shall include, but not be limitod tO:
2.
3.
4.
5.
City C~m~r Psrk
Fiml Agmem~, Febtmry 8, 2003
Complete budgei breakdown
Updated photo montage or model of Ar~ work
Specifications for the an'work components
Revised drawings of all components and elem~ui~ of m't work
Stn~ural/~ drawi-~
~d
pu~ ,~sp aq~ uo :luomoo.~v .s~ pmnooxo o~sq om~ saD.md aq~ 'dO~l~,
Upast,~cl bids on fabrication and materials
Specifications for site conditions required prior to delivery of ar~ work
Samples ofmat~ials
Evidence of Worker's Cotn~n~ation Insurance and In.mince Ag, in~ Loss as
Fabrication. Fabricate the work in conform~ with the specLficatioue set forth in
EXHIBIT B and the Final Design and as approved by the Project Manager. The work
slmll not deviate in size, design, or material from these specifications unless the Chsn~e is
in progress and to approve the Art work as fabricated, prior to delivery of the Art work
Transportation and Installation. Provide General Liability Insurance and Automobile
Liability Insurance as required in Section 16, above. Consult with the Project Manager to
coo~i~te the delivery and installation of the Art work. Review and approve the site
conditions prior to the delivery and installation. Deliver end Install the Art work or
consult with the General Contractor on the installation of the Art work.
Documentation and Maintenance Plato ~ is to providc to the CITY Contact:
A w~it~an report including complete information regarding the intent of the A~
work, the scale, materials, and processes used in the fabrication and installation of
the work to the CITY for its registration files.
Wdlten specifications and recommendations for maintenance of the A~ work and
Two (2) complete sets of 35 mm_ Color mmsparencies and 8x10" black and white
photographs and negatives for program and erchival purposes.
An informational atWJbution plaque appFoximately Sx7" which identifies the
artwork and acknowJedles the City or Cupertino and the other funding
sources. The tex~ for the plaque, which meets Americans with Disabilities
(ADA) standards, will be approved by the CITY. Artist shall be responsible for
~ this plaque at a location appFoved by the
City C~t= P~k
rinsl Asrecu~t, Fcbru~ 8, 20o3
Prom I ~ of~
7'2 7
EXHIBIT B
PROPOSAL
&
GENERAL SPECIFICATIONS
The following images g~nerally indicate the shape and siz~ of thc sculptu~. The proportions of
the image change with the changing of the vi~w point. From one vantage point, the sculpture
appe~'s to be a large open box or square resting on one ~mer.
From another vantage point, the s~lptu~ appears to be a large figure 8.
City C.4~er Pnrk
P.o~ l~-y A~st
Final ~ Feb~ry 8, 2003
The previous two images were produced by computer., but the next image is a photograph of a
model representing the sca]e, the steel materials and fmishe~.
¢it~ ~ Park
Final .a.g~nam~ Febeu~y ~, 2003
The sculpture consists of a continuous welded hollow stainless steel trinnguhir robe,
at)proximately 12 inches in section. Upon completion of the fabrication process, the various
sections will be welded toseth~ and their joints ground smooth to give the appearance of a
continuous form.
The bottom po~on of~he tube will be l~eated differeotly to the extent that its wnll thickness will
be greater thnn the top to p~-vent u~wanted vibration/l'avelin~ tO the upper portion of the robe.
The bottom portion of the tube may also have a dampenin~ material such as ~rout pou~i into it.
The edges formin_~ the triangle section will be crisp and smooth but rounded to prevent injury.,
especially at ~he lower levels where people might normally come in contact with it.
The sculpture will be securely anchored to the ~ound nad ~he anchoring hardware will be
covered by paving material found elsewhere in the park. This will provide the desired
appearance ~ the sculpture is resting on the paved sm-face and also p~-vent unauthorized
access to the anchor bo~.
The anchorin~ system will be desired by a licensed struck, al engineer who will take into
account the lateral forces of seismic events in thh location.
Final AsreenMnt, Febum'y 8, 2003
7'$0
- miT C
COMPENSATION
Contract Amount: $143,788
Payment #1:$21~68.00
Purpose: Advance on completion of schematic design.
SubmiRals: Mutual execution of the Agreement.
Approvnls: City Counc'd authorized City Manager to nego~_'_nt~ and execute Agreement on
September 16, 2002.
Payment #2:
Purpose:
Submittals:
Approvnls:
$71~94.00
Completion of schematic design and working drawing; advance on fabrication of
materials.
Schen~tic des'~n; Evidence of Insurance Against Loss as required in Paragraph
16.1; Fabrication schedule for work to be done by Artist and his subcontractors;
Copies of agreements between the Artist and his subcontra~ and suppliers;
~nvoice for down payment on cost of materials.
Project Manager approval of Schem~c Design; approval of evid~ce of
Payment #3:
Purpose:
Submittals:
Approvals:
Completion of fabrication.
Evidence of General Liability Insurance and Automobile Liability Insurance as
requ'u-ed in Paragraph 16. I; Axtist's receipts from his subcontracix~rs and suppliers
for work done relative to the project to date, or letters or olher documentation
from each statin~ that each is being paid in a timely mnnner, Invoice for interim
payment accompanied with copies of receipts for project expenses.
Project Man.er approval of A~work as fabricated and ready for delivery; CITY
approval of insurance and payments to date.
Payment ~1:
Purpose:
Submittals:
$14,3~2.00
Completion of all work.
Installed An work and phque; Artist's r~orts, maintenance plans and
documentation; Copies of all of the Artist's agreements with subcontractors and
suppliers whose total invoices exceed $1,000 for work done relative to the project,
with letters o~ other documentation showing ~mt each has been paid in full; lien
releases from all subconira~ors and Invoice for final payment.
Project Manger approval of the installed Art work with completion of all te~ais
and conditions of Agreement.
Ch~ C~t~ Park
Final A~. February 8, 2003
~o~9~ nfgR
PUBLIC ART SELECTION POLICY AND PROCEDURE
I. PURPOSE
The purpose of this policy is to provide a process through which the Town can accept art
work on loan or as a gift as part of a Public Arts Program. The policy also provides guidance
to the Town and the Arts Commission for purchasing existing art work and for
commissioning artists to create new art work for the Town.
SCOPE
This policy applies to the installation of all art work loaned to the Town for more than three
months, gifted, purchased, or commissioned by the Town of Los Gatos for public display.
Exhibitions under three months are facilitated by the Commission.
A. Policy
The Town of Los Gatos plans for public installation of art work. It is the objective of the
Public Art Program to provide the community with the opportunity to enjoy access to a
variety of art work and to work with a variety of artists over time. Local Los Gatos artists
shall receive preferred consideration under the Public Art Program. Artists and art work
from other geographic regions shall also be considered for inclusion.
B. Procedure
Art work which is offered to the Town for public installation shall be
reviewed by the Art Selection Panel, consisting of five voting members.
Those five members shall be:
A member of the Arts Commission
A member of a Town Commission for the area affected (Parks, etc.)
An artist from the Town
An art professional (artist, art historian, art administrator, museum
professional, architect, etc.)
A member from the community at large
The Art Selection Panel members shall be recommended by the Arts
Commission to the Town Council for approval. Term shall be two years and
shall be staggered.
The Art Selection Panel shall meet minimally once a year or more often as
necessary. When voting on whether or not to accept an art work, members
shall be encouraged to reach consensus. Il'consensus is not possible, simple
majority vote shall prevail. The Art Selection Panel is required to submit h
written report supporting its recommendation within two weeks of selection.
The entire panel shall meet to make art work selections.
Public art work that is recommended by the Art Selection Panel is reviewed
by the Arts Commission. All Art Selection Panel reports and Arts
Commission rationale shall be forwarded to the Town Council for
consideration.
Criteria and Conditions for Selection
The Town shall make no promises to exhibit art work permanently or to
maintain art work as the property of the Town in perpetuity.
The Town shall maintain a responsible collection, maintenance, and de-
accession policy and procedure for art works which are accepted as part of the
Town's Public Art Program.
No acquisition shall be accepted without written permission and approval
from the Town Council.
Acceptance shall result in a contract between the donor or artist and the
Town. (Art work is loaned for a clearly defined period of time with the
lender retaining title to the art work.)
The following shall be criteria for determining whether an art work is
acceptable:
a. It shall be deemed to be an art work of lasting aesthetic value.
There is inherent quality in the art work itself (i.e. the Art Selection
Panel shall not necessarily accept art work based on the artist's overall
reputation).
Style: An art work shall be compatible in scale, materials, form, and
content with its surroundings.
Permanence: Due consideration shall be given to structural/surface
soundness, resistance to theft, vandalism, weathering, and excessive
maintenance repair costs.
Public Liability: Each art work shall be examined and approved for
safety conditions and factors which may bear upon public liability.
Diversity: The overall Public Art Program shall consider diversity
in style, scale, and media.
Technical Feasibility: (For purchases or commissions) Each a~
work shall be examined for convincing evidence of the artist's ability
to successfully complete the art work as proposed.
Duplication: To assure that the art work will not be duplicated, the
artist shall be asked to warrant that the art work is unique and an
edition of one, unless stated to the contrary in the contract. (Multiples
shall be considered for selection at the art Selection Panel's
discretion.)
CRITERIA FOR CONSIDERATION FOR ART WORK PLACEMENT
Prior to placement of an art work, the following factors shall be considered:
C.
D.
E.
Visibility
Lighting
Public Safety
Traffic Patterns: interior, exterior, foot, and auto
Location: relationship to existing art work, architecture, and natural features in the
proposed vicinity
Future development plans for the area
ROLES AND RESPONSIBILITIES
A. Town Council:
1. Appoints Art Selection Panel members.
2.. Holds a public hearing to determine acceptance and placement of Art Work
based on recommendations from the Arts Commission, Art Selection Panel,
and community members.
B. Arts Commission:
1. Reviews Art Selection Panel's recommendations and considers input from the
donor or lender or members of the public.
2. Makes recommendations to Town Council regarding acceptance and
placement of art work, based on Art Selection Panel recommendations and/or
public input, including but not limited to the artist.
3. Recommends Art Selection Panel Members to Arts Commission.
C. Public Art SubCommittee:
1. Recommend Art Selection Panel members to Arts Commission.
2. Shall make initial art work placement recommendations.
Art Selection Panel:
1. Makes recommendation to the Arts Commission on the following:
a. Acceptance and placement of art work, whether as gift, loan,
purchase, or commission.
b. Renewal or non-renewal of loaned art work.
c. Possible deaccession of art work which may no longer be appropriate.
2. Reviews inventory of potential art work placement locations, suitable for
installation of Public Art, as developed by the Arts Commission Public Art
SubCommittee.
Park Commission:
Makes recommendations to the Town Council regarding acceptance and physical
placement of 'art works proposed for installation in a Town Park, based on Art
Selection Panel and Arts Commission advice.
Staff:
1.
2.
3.
Attorney:
Legal issues (to Council).
Risk Manager:
Insurance, risk management issues.
Parks Department:
Exterior and interior placement and maintenance
issues.
Community Services Dept: Implement public art selection policy and
procedures.
Resolution 1992-78
5-18-92
N:\CSD\Public Art~Ar~ Selec Policy.wpd
PUBLIC ART POLICY & PROCEDURE
Regarding Appointment of Panel
Public Art Subcommittee
Arts Commission
Regarding Selection of Art
Art Selection Panel
Arts Commission
Town Council
Town Council
(Holds public hearing to consider
acceptance of art work)
Resolution 1992-78
5-18-92
csd09:A:\CnclrptskPolicy. Ari
n:~zsd\8070\Pubarl\P01icy. PAS
Town Of Los Gatos
CONDITIONS OF GIFT RECEIPT
Possession of the item(s) listed on the face of this receipt is accepted by the Town of Los Gatos
subject to the following conditions:
All items accepted by the Town of Los Gatos will become exclusive and absolute property
of the Town of Los Gatos and may be displayed, loaned, retained or disposed of in the best
interests of the Town of Los Gatos.
The Town of LOs Gatos will not, and shall not be required to carry any insurance against loss
or destruction of or damage to such item. The Town of Los Gatos will not be required to
exercise greater precautions for the care and the safety of such objects than it exercises with
respect to its own property of same or similar nature.
If the Town of Los Gatos decides not to accept the item and so notifies the owner, the owner
has thirty (30) days from the date of notification to reclaim the item. If the item is not
reclaimed, the Town of Los Gatos shall have the right to dispose of such property in any
manner it may choose, or to place it in storage at the owner's risk and expense.
The Town of Los Gatos may require a written order from the owner (or his duly authorized
agent or legal representatiVe) before it releases the item described on the face of this
agreement.
-- N:\CSD\PubIic A~t\Conditions of Loan.wpd
TOWN OF LOS GATOS
GIFT RECEIPT
Possession of the artwork listed on the face of this receipt is accepted by the Town of Los Gatos
subject to the following conditions:
All artwork accepted by the Town of Los Gatos will become exclusive and absolute property
of the Town of Los Gatos and may be displayed, retained, destroyed or disposed of in the
best interests of the Town of Los Gatos.
The Town of Los Gatos will not, and shall not be required to carry any insurance against loss
or destruction of or damage to such item. The Town of Los Gatos will not be required to
exercise greater precautions for the care and the safety of such artwork than it exercises with
respect to its own property of same or similar nature.
The undersigned, herein called "Donor," hereby assign, transfer and give to the Town of Los
Gatos, herein called "Donee," its successors and assignees, the rights to the artwork described
as follows: (Please provide all pertinent information; Title, Artist's name(s), date, height x
width x depth, weight, materials or media, donor's estimated value in block letters.)
The gift is made by Donor unconditionally and without the reservation of any right, claims
or interest in the above described personal property. Donor affirms that he/she owns said
artwork and that to the best of his/her knowledge, has good and complete right, title and
interest to give. The Donor hereby releases the Town from all liability with respect to any
loss or damages to the artwork referred to in this Agreement. Donor agrees that the Town
of Los Gatos shall not cover such artwork with insurance.
I have read and understand the conditions of the Gift Receipt.
DATE:
Donor
The Town of Los Gatos acknowledges receipt of your offer to give the Town of Los Gatos the item
described on this page. Formal notification of action on this offered gift will come after the regular
meeting of the Los Gatos Town Council.
DATE:
Town Manager
August 28, 2003
7-3
RECEIPT FOR LOAN OF ART
(TO BE SIGNED AT THE TIME OF
INSTALLATION)
EXHIBITION:
TELEPHONE:
Artist has loaned the following artwork to the Town of Los Gatos for exhibition as provided in the
attached Art Exhibition Agreement (the artwork should be listed in order of installation from the left of
the Mayor's Chair on the Council dais clockwise around the Council Chambers):
Artist
Title of Art Medium Size Signed Price
1
2
3
4
5
6
7
8
9
10
The above entitled artwork have been loaned to the Town of Los Gatos pursuant to the attached Art Exhibition
Agreement.
Date:
Date:
Artist
Authorized TownRepresentative
RECEIPT FOR RETURN OF ART
Artist has received the artwork listed above from the Town in good condition.
Date:
Date:
Artist
Authorized TownRepresentative
N:\CSD\Public Arl\Receipte for Loan.wpd
LOAN OF WORKS OF ART AND OTHER PROPERTY
BORROWER: LENDER:
Foothill-De Anza Name.
Community College District Address
12345 El Monte Road
Los Altos Hills CA 94022
415. 948. 8590 Phone
EXHIBITION: "I~Gs
Location Euohrat Museum of Art/ATC
Date Delivered
Date Returned
TITLE OF WORK ARTIST )ATE OF WORK MEDIA VALUE
LENDER hereby grants permission to the Foothill-De Anza Community College District to use the above-described
item(s) in the above-indicated exhibition during the times indicated. The CONDITIONS AND TERMS appearing below
are hereby accepted by both LENDER and SORROWER.
BORROWER: by Date.
LENDER: By
Date
CONDITIONS AND TERMS OF LOAN AGREEMENT
1) REPRODUCTION. LENDER hereby gives the borrower the right to photograph or othen~ise record the described
item(s) in any medium for purposes of record, catalog reproduction, education, or publicity and the right to permit
anY person or persons to do the same.
2) BORROWER'S INSURANCE. The BORROWER will insure said item(s) wail-to-wall under the terms, conditions,
and monetary limits of its Fine Arts Insurance Policy. Said policy has a maximum aggregate limit of Two Hundred
Thousand Dollars ($ 200,000) regardless of the number of items and/or the number of claimants involved in any
one claim. It is the responsibility of LENDER to ascertain whether additional insurance coverage is necessary
and to procure the same, not withstanding the lact that on some occasions the limits may be increased at
the discretion of the BORROWER. Maximum limit: $10,000 per article. The BORROWER has a Five Hundred
Dollar ($500) deductible per loss or damage.
3) LENDER'S INSURANCE. Insurance CompanY. Policy I~.
If LENDER maintains his own insurance coverage for the described work(s), any insurance coverage by the
BORROWER for said item(s) shall be excess insurance only.
4) INSURABLE VALUE. The BORROWER, each of the participating institutions, the Trustees, officers, agents and
employees of the BORROWER and each of the participating institutions is responsible only for the reasonable
and fair value of any loss or destruction of or damage to the described item(s) during the time the same are in the
possession and control o! the BORROWER and within the monetary limits and under the conditions specified
above. Such value must be proven before any claim will be paid, and such value is not necessarily equal to the
estimates of value of the described item(s) indicated in this agreement.
5) In the event of damage, the BORROWER reserves the right to have an appraisal of restoration costs by one or
two independent professional conservators mutually agreed upon.
6) OWNERSHIP/AUTHORITY. LENDER hereby expressly warrants that he/she is the owner of the described
item(s) or is the legal representative of or has express authority to act as the agent for the owner in connection
with the loan hereby made. '7-~)
7) The work shall remain in the possession of the BORROWER and/or other institutions participating in the exhibi-
LENDER hereby grants permission to the Foothill-De Anza Community College District to use the above-described
item(s) in the above-indicated exhibition during the times indicated. The CONDITIONS AND TERMS appearing below
are hereby accepted by both LENDER and BORROWER.
BORROWER: by Date
LENDER: BI Dae
CONDITIONS AND TERMS OF LOAN AGREEMENT
1) REPRODUCTION. LENDER hereby gives the borrower the right to photograph or otherwise record the described
item(s) in any medium for purposes of record, catalog reproduction, education, or publicity and the right to permit
any person or persons to do the same.
2) BORROWER'S INSURANCE. The BORROWER will insure said item(s) wall-to-wall under the terms, conditions,
and monetary limits of its Fine Arts Insurance Policy. Said policy has a maximum aggregate limit of Two Hundred
Thousand Dollars ($ 200,000) regardless of the number of items and/or the number of claimants involved in any
one claim. It is the responsibility of LENDER to ascertain whether additional insurance coverage is necessary
and to procure the sams, not withstanding the fact that on some occasions the limits may be increased at
the discretion of the BORROWER. Maximum limit: $10,000 per article. The BORROWER has a Five Hundred
Dollar ($500) deductible per loss or damage.
LENDER'S INSURANCE. Insurance Company. Policy No.
If LENDER maintains his own insurance coverage for the described work(s), any insurance coverage by the
BORROWER for said item(s) shall be excess insurance only.
INSURABLE VALUE. The BORROWER, each of the participating institutions, the Trustees, officers, agents and
employees of the BORROWER and each of the participating institutions is responsible only for the reasonable
and fair value of any loss or destruction of or damage to the described item(s) during the time the same are in the
possession and control of the BORROWER and within the monetary limits and under the conditions specified
above. Such value must be proven before any claim will be paid, and such value is not necessarily equal to the
estimates of value of the described item(s) indicated in this agreement.
In the event of damage, the BORROWER reserves the right to have an appraisal of restoration costs by one or
two independent professional conse~,,ators mutually agreed upon.
OWNERSHIP/AUTHORITY. LENDER hereby expressly warrants that he/she is the owner of the described
item(s) or is the legal representative of or has express authority to act as the agent for the owner in connecticn
with the loan hereby mede.
The wonk shall remain in the possession of the BORROWER and/or other institutions participating in the exhibi-
tion for which it has been borrowed for the time specified above, but may be witndrawn from such exhibition at
any time by the Director or the Trustees of the BORROWER and/or any of the participating institutions. 7-/-'///
If the objects listed on the face of this form are for sale, it is understood that the selling price shall include
a 20 percent handling charge for the BORROWER unless otherwise arranged.
When the loan is and
3)
4)
s)
s)
7)
$)
- Commission of Art Work
AGRI~.MENT
BY AND BETWEEN THE FOOTHILL-DE ANZA COMMUNITY
COIJ.I~GF. DISTRICT AND , FOR THE
CREATION OF ART WORK.
WHEREAS, Foothill-De Anza Community College District ("District") is
in need of the specialized services of an artist to provide an art work,
in order to enhance the learning environment at the De Anza College
campus; and
WBh-alFAS, ., (hereinafter "artist") has the
specialized skill in engineering matters and unique artistic talent to
design and construct the art work needed by the DisWict; and
WHEREAS, the District finds and detec£~fines that the hiring of artist
and paying for the art work are exempt from the bid requirements
pursuant to Government Code section S3060;
NOW, THEREFORE, the parties agree as follows:
1. Scope of Artist's Services. This agreement covers the
artistic creation, design, construction, installation, and completion by
the artist of the artwork, preliminary known
as , induding all materials
and subcontracted work, the plans and specifications for which are
attached hereto as exhibit A, and by this reference incorporated
herein. All further references to the scope of artist's work shall be to
artist's "work".
2. Payment by District. District shall pay artist a total
of for the completion of the worlc One third of said
money, or shall be payable to artist upon the
execution of this contract. A further one-third shall be payable to
artist upon completion of fifty percent of the work, as determined by
the District inspection and discussion with artist; and the final one-
third shall be payable to the artist upon satisfactory completion of
installation at De Anza College. When the work is installed to the
District's satisfaction, District shall so indicate, in writing, by
executing a document so stating, the focm of which is attached hereto
7-qa
as exhibit B. District and artist shall cooperate with each other in
good faith in order to have the work installed to District's satisfaction
by the date and year . However, District shall
have no obligation to accept the work and execute exhibit B unless
and until the District is reasonably satisfied that the work is properly
installed and operating properly. District shall not unreasonably
withhold its acceptance.
Notwithstanding any other provision herein, the District shall
not be responsible for any costs and expenses incurred by artist until
this agreement is fully executed; nor for any of artist's costs and
expenses incurred in completing the work.
3. Timetable for Completion. Artist shall complete the
work to the satisfaction of the District no later than
4. Materials. The materials to be used in the project shall
be of artist's choice but shall be of the highest quality and designed
to withstand the ordinary environment of unpoliced office building
at a community college campus. The art work will be comprised
of . The artist shall furnish all parts and
materials necessary for the design, creation, installation, consumction,
and completion of the project, as well as all equipment parts
necessary for the regular, day-to-day operation of any component
thereof.
5. Warranty. Subject to the proviso below, artist
unconditionally guarantees the work against defects or failures of
any kind for a period of one year after satisfactory completion
(hereinafter, "the warranty period"). Artist shall instruct District's
local personnel regarding the proper maintenance, operation, repair
and adjustment of the work. During the warranty period, if District
notifies artist of the inability of District's personnel to keep the work
operating properly, or if the District notifies artist of any defects or
failures, artist shall mediately make such repairs or modifications
or replacements as may be necessary, at artist's own expense.
Provided, however, artist shall not be deemed responsible for
failures which are the result of acts of God.
6. Conl~nuing Maintenance Obligation. After the
warranty period, artist shall con~nue to make all necessary
or replacements, as requested by District on the following terms:
(a) District shall reimburse artist for actual cost for materials
and equipment used in the requested correction, repair or
replacement;,
(b) District shall pay for artist's labor, for the first three years,
at the rate of $ per hour. Thereafter, for the next three years,
District shall reimburse artist for his labor at the rate of $. __ _ per
hour.
7. Transfer of Title. .Upon satisfactory completion of the
work, artist shall and hereby does assign all right, title and interest
in the project to the District. Thereafter, District shall be the sole
owner of and shall have sole discretion regarding use and/or
disposition of the project. Artist hereby waives any right which
artist or any of his heirs, legatees or personal representatives may
have under the California Art Preservation Act (Civ. Code 987, et
seq.) which govern the parties, or any similar statute now or
hereinafter in effect in any jurisdiction.
8. Independent Contractor. The relationship between
artist and District shall be one of independent contractor, and shall
not be considered an employment, agency, joint venture or any other
relationship, other than one of independent contractor.
9. Te~'~i~nation. This agreement may be terminated by
District if artist fails to make reasonable progress on the design and
installation of the work, or fails to produce the art work according to
the specifications described herein; or for any other reason
constituting good cause. Such tex~gnation shall not be effective
sooner than seven days after the date on which written notice
thereof is mailed; and during that time, artist is authorized to t~ke
reasonable steps to correct or cure. If artist does successfully correct
or cure within said period of time, District's notice of te~j, ination
shall be withdrawn. This agreement may be terminated by artist
upon reasonable written notice, return of consideration paid and
complete mi~gation of any damages to District property caused by
artist's efforts to that point.
10. Non-AssiRnment. Neither party shall assign its
obligations hereunder without the prior, express written consent of
the other party. For the purposes of this provision, a subcontract of
any part of the work described hereunder, other than as mentioned
in exhibit A, is an assignment.
11. Entire Agreement. This contract constitutes the
entire and complete agreement between the parties with respect to
the subject matter herein, and supersedes any prior written or oral
agreement on this matter, whether or not contradictory. This
agreement may be modified or amended only by a writing signed by
both parties.
12. Governing Law. This agreement and any subsequent
amendments or modifications thereto shall be governed by the laws
of the State of California.
13. Arbitration of Disputes. Any disputes arising out of or
relating to this agreement shall be resolved by binding arbitration
pursuant to the provisions of California Code of civil Procedure
section 1280, et seq. Provided, however, demand for arbitration
shall be made within a reasonable time after any dispute has arisen,
and shall be in writing, but in no event shall a demand for
arbitration be made more than sixty days after completion of the
project or teamination of this agreement~ Costs of arbitration shall be
shared equally by the parties, and each party shall bear its own
attorney's fees~
14. Insurance. Artist shall not commence work on the
project until artist has obtained, and provided evidence thereof to
the District of his purchase of the following kinds of insurance:
(a) A course of construction insurance policy covering
the project and all of the artist's work located on the De Anza College
campus, which shall include a general liability policy protecting
against claims of injuries to students and/or other third persons. The
artist shall cause the District to be named as an "additional insured"
under such policy, as evidenced by an additional insured
endorsement.
(b) The statutory workers' compensation insurance for
all of artist's employees working on the project.
Artist shall supply District with written proofs of
such insurance prior to commencing any work on the De Anza
campus.
15. IndernniW Obligation. Artist shall hold harmless and
indemnify the District against any and all claims for personal injury,
death, property damage or economic loss arising out of artist's
activities on the campus, whether or not those activities constitute
breach of this contract, regardless of whether they allege that the
District or its agents were negligent. Artist shall also defend, at his
own cost and expense, any and all claims and lawsuits arising out of
his work, including, without limitation, such claims or lawsuits which
name the District and/or its employees as agents or defendants and
which describe the District's activities as negligent.
16. Notices. All notices or other correspondence related to
the performance of this agreement shall be sent as follows:
(a) To District:
President, De Anza College
21250 Stevens Creek Blvd.
Cupertino, CA 95014
(b) To Artist:
Dated:
FOOTHII .I.-DE ANZA
COMMUNITY COI.I.FGE
DISTRICT
Dated:
Dr. Martha Kanter,
President De Anza
College
Artist
COMMITTEE ROSTER
Cupertino Fine Arts Commission updated 7/23/03
Mayor's Tea Any available member Monthly meeting with Third Tuesday of the month, 5:00 p.m. Conference Room A.
may attend Mayor and
representatives of all
boards and
commissions
Distinguished Artist Constance Guidotti selected in 2003, accepted plaque at
of the Year 2004 Shakespeare. Exhibited works for one month at Quinlan Center
by arrangement with the Fine Arts League..
Guidelines for Art Young Criteria for Selection of Public Art adopted. Amendments to be
in Public Places Canter considered September 2003 regarding accepting and de-
accessioning loans and gifts, etc.
1% for Art Kinoshita Work with Planning, Proposed text submitted to Planning Department as part of
43rr Finance to develop General Plan update process. Council will review & adopt late
program, forms, etc. in 2003
Grants Committee No grant funds available for FY 2003
(Spring 2003)
Grants Committee No grant funds available for FY 2003
(Fall 2003)
City Center Plaza/ Bid opening held July 15, Council to award bid on August 4.
Sculpture Park should be completed Fall 2003. PUBLIC WORKS, TERRY
"Perspectives" GREEN, IS PROJECT MANAGER
Suggestions for later in process - Fac may wish to give
suggestions re "grand opening" celebration to GreenEuphrat
offered to provide assistance on this project or any other
Other agency contacts: collaboration. Keep PlO Rick Kitson informed.
Frank Jelinch (P&R)
Don Bragg, Prometheus
Cypress Hotel
Art & Wine Festival Notes from 2004: "party favors" (colorful necklaces) were a
2004 good draw for children who brought parents. If hot, consider
Info booth spray bottles/portable battery fans. Need large Fine Arts
Commission sign on the booth, there were too many city log0s
around so the banner alone was not sufficient. Paperweights
needed. 400 flyers each will be sufficient. Consider gifl bags,
people didn't want to take too many flyers. Very successful,
great public outreach, definitely do again 2004.
Fine Arts Grants - Shirley Lin-Kinoshita No grant funds available for FY 2003
high school Janet Mohr
category Rim Young
Library Art ~ Will monitor progress of library plans and identify potential art
Opportunities locations and media
2003 Cherry Kundargi was lead in 2001 and 2002.
Blossom Festival
Children's Art Past activity: First year was a competition, 2nd year was an
Display exhibit of 4 Seasons comer, Each model received a $45 stipend,
schools got plaques totaling about $400. Third and fourth years
were felt banners. Interest waning, too time-consuming on part
of FAC to finish/install/teardown. 3rd and 4th years were felt
banners made by students. 5th year was an art exhibit - creation
supervised by Euphrat Arts in Schools programs
This is 6th year, again Euphrat is overseeing the project, which
will be 2-d and 3-d projects in the theme of"Stevens Creek,
Naturally", about indigenous plant, animal and insect life of the
creek.
Euphrat Family Day Cancelled for this year. Instead, Euphrat held a hands-on art and
April 1 2003 an information booth, FAC created brochures and flyers of
upcoming recreational and art events for the booth at the Flea
Market on April 5.
Student Artist of 2002 was handled by a different agency. Unknown if the
the Year, 2003 commission will be asked to participate in 2003
Update Guidelines Janet Mohr General Guidelines for Selecting Public Art
for Selecting Public Nancy Canter · Consider additional wording to accept donations and
Art Shirley Lin-Kinoshita de-accession works of art.
(created 3-26-03) Nancy Canter will provide some sample wording based on
DeAnza College policies.
Construction Fence Shirley Lin-Kinoshita Lead role taken over by Council woman James.
Student Art Hema Kundargi
(created 3-25-03)
~ealf 'aput needed Bamboo is biff Brass Seniors helF )nth
City plan zo bring wireless Notoriously aggressive but Wisdom and patience matte The West Valley's Hometown
facilities to neighborhoods. ' ' · · ~
t s not difficult to contatn for good Child advooates Classified Advertising Section
R
measures to
de!ay creek
bridge work
Casper's Hawks are nestin8
in the middle of project site
By I-CHU?,t CHE
he Santa Clara Valley Water
T District and the city have post-
~poned the construction of the
Bollthger Road Bridge over
Culabazas Creek from Augugt of this
Residents discovered a pair of
Cooper's hawks nesting on the pro-
ject site and further evaluation of
construction begin~
21~e reconstruction of the hiidge and
its concrete box culvert is being done
to prevent flooding Water district offi-
cials are not certain if the delay will
affect the creek's capacity to combat
flooding because it is difficult to pre-
dict rainfall. But a low wooden flood-
wall Jnstalhid on Bolllnger Road along
the backyards of several homes did
prevent flooding in the area during the
storms of December 2002.
In May of last year, residents found
a pair of Cooper's hawks nesting in
the middle of the project site. The
hawks are listed as one of the
California species of special concern,
which means that they are biologicM-
ly rare, restricted, in distribution or at
a critical stage th their life cycle.
A water district biologist is observing
the hawks and the chicl~ The informa-
tion will be used to adjtrst the consttuc-
tion schedule to protect the birc~
Caiabazas Creek is a seasonal stream
that drains 21.8 square mlle~ in north-
western Santa Clara County. The creek
Volume 56, Number ~8 * August 6, 3oo3- Cuper'dno. CA o Est, 1947 * www. cupertinocourier, com
This hand-painted silver print by Conni Guidotti is titled 'Central Valley Wedding 3 ! Guidotti had a rare opportunity to take this photograph during a Yemin wedding
ceremony in the Central Valley.
Artistic Endeavor
Constance Guidotti hopes her art raises social awareness
By ALLISON ROST
Photographs by ERIN DAY
s a meeting of the Cupertino
Community Center, The stark black-
loolc~ng at the work of a loagtime resi-
dent of their own city.
"Conui" Ouidotli, a slight but vibrant fig-
me ~n red slt~ug nearby. Before the
10 ~ CUPERTINO COURIER AUG UST 6, 2003
child, wl~le others seek to show how a
burqa warps the identity. By bringing
to foster better understanding of the eth-
Conni Guidotti stands with her husband, Jim, at their home in Monta Vista.
Ironically, while Conni's art is so cutting edge she has to do her own technology
troubleshooting, she and her husband are trying to preseme the old-time
medium, he lives by the old adage that
beauty is in the eye of the beholder.
"It's a new avenue of art, and we have
to be open-minded about it."
The fact that Guidotti's hometown
tairdy helped the decision. In addition
to the ongoing cttlhiral issues refer-
art as she does. One Afghan glrl was so
AUGUST 6, 2003 THE CUPERTINO COLrRLER 1~
NEWS NEWS
Peter Max adds SVCN
papers to his repertoire
By HEATHER Z[MMERMAN
For an artist whose body of work
includes eye.tithing from posters and
Max: Yoga altered the way he creates
Quinton Adams, a network specialist for the city of Cupertino, shows up to work
at least once a week with a colo~eul flower arrangement to display in the lobby of
city hall. Adams, who has been taking ikebana (Japanese flower arranging)for
three years, says in Japan flower arranging is a man's thing.
Howers at city hall a man's
thing and women like it
to flower arranging as an escape.
"I've always appreciated flowem My
mother was Welsh and in that part Of the
world, flowers are really big," Adams say~
By FALGUNI BHU~A Ikebana is a somewhat technical art,
'~uinton Adams is a hit with the and it takes three to five years or even
ladies at city hall. He always longer to master it. It's an ongoing
n~.~bringing them flowers---exotic process, Adams says
"You have to know which flowers go
ones Orchids, lobster claws, birds of with what. The arrangements should
paradise, lilie,
look the way they would out in nature,"
But he's not romancing anyone, he says
For almost three years now, Adams, Maria Jimine~, a' human resources
the city's network specialist, has been
adorning the city hall lobby with flow- technician, says Adam's arrangements
ers just because he enjoys it. The exotic have become more and more beautiful.
One colleague, Carol Fercell, even
nature of the arrangements are the asked Adams to do flowers for her
result of his training in ikebana, the upcoming wedding reception.
Japanese art of flower arrangement. Although Americans associate flower
Adams, 38, was introduced to ikebana arranging with women, Adams says,
at an international flower show, where,
"back in Japan, it's a guy thing."
he says, he was "blown away" by the He says, "Must ikebaua schools are
arrangements he saw. named after men, and most of the head~
He started taking ikebana classes at masters in ikebana schools are me~."
the senior center in Cupertino and has Adams says that the art of ikebana
been hooked ever since. He says it's the started centuries ago in temples where
dry nature of his job that made him turn Buddhist monks made floral arrange-
"Ladies really like it," he say& "They
send me emalls and thank you cards
complimenting my flower~"
--
NEws
City sponsors movies,
concerts at .sundown
Cinema at Sundown will be held
Thursdays at 6:30 p.m., Aug. 14-28, in
Memorial Park AmpM'theater, Stevens
Creek Boulevard at Mary Avenue.
Each week, a different cultural per-
formance group will entertain for
~yprOximately 90 minutes~ Movies usu-
begin around ~ p.m.
On Aug. 14 the'feaRlred performers
will be Molly's Revenge and the
Rosemary Turco Dance Troupe, with
traditional music and dances irom
Ireland. Scotland and Britain.
The movie that night is The 'Cup, a
story about a group of young monks
who will do anything,.includin8 sneak-
mg out of the monastery, to see the
World Cup iinal~ English subtitles are
available.
On Aug. 21, the Firebird Youth
Chinese Orchestra performs Easten~
music With a Western influence and the
movie is My Big Fat Greek Wedding.
On Aug. -28, San IOse Talk0 and
Miyagi HomTju Ohtbn no Kal p~r~orm
~g and isln6d dances of Japan
and the movie is Mostly Martha, a
German film Martha is the head chef
of an upscale restattrant. When her
headstrong 8-year-old niece and a
boyant'a.~ista~t chef arrive, her orga-
ulzed llfe is thrown into a tailspin.
English subtitles are available.
For more information, visit
www. cupertin~ org or call the .
Cupe~. Parlc~ and Recreation
Department at 408. 777.3120.
Contest.
by 1~ young atedsts will illustrate the
2004 calendar to be printed by the enez~
gy commission later this year.
t~st is online at www. energyquesac~
gov/art..gallery.
fashion
Moon tesrlVa rises this w J(end
The Moon Fe ~,, an annual cultural fair, is set for Satur-
day and Sunday..~Iemorial Park in Cupertino.
Events run from I0 ~m. to 6 p.m. both days. Admission is
flee. Parking is provided at nearby De Anza College.
Memorial Park is on Stevens Creek Boulevard across from
the campus. ,
The festival will include retail booths, Chinese food and oth-
er types of cuisine.
Those who arrive in time Saturday will get a piece of the 3-
foot diametor moon cake.
Non-profit group plans barbecue
Cupertino Community Services' 19th annual auction and
barbecue event, which includes kids' games, food and enter-
talmnent, will be held 4 to 9 p.m. Sept. 6 at Blackberry Farm.
Proceeds from the event will support the center, a private,
in the West Valley area.
Tickets are $30 for adults and $10 for children under 12. For
ticket sales and information, or to make an auction donation,
call the center at (408) 255-8033.
Winter Art Fair space available
schApplications are being accepted for the W'mter Art Fair,
eduled for Nov. 1at the Quinlan Community Center, 10185
N. Stelling Road.
The event is sponsored by the Cupertino Parks and Recre-
ation Department and the Fine Arts League of Cupertino.
Space will be available for about 30 artists to sell their work.
For information, call Nancy Bennett, recreation coordinator,
at (408) 999-3120 or e-mAil NancyBon@cupor tino.org.
Have some community news? Contact Michael Cronk at
moonk~bmercurynews.com or (408) 920g063.
Cupertino
Cultural festival to showcase
performers at Memorial Park
The Moon Festival, a two-day cultural fair introducing per-
formers from Hong Kon~ Talwan and local orgnni~atioIIs, is
set for Aug. 30-31 at Memorial Park in Cupertino.
The festival, scheduled from 10 z.n~ to 6 p~ both days, is
~fi~eoc, as ~ parking at nearby De Anza Conege. _Memorial Park
ar~ on Stevens Creek Boulevard across from the cam-
pus.
The festival willinclude a Children's Village, with games
and activities for kids. There also will be retail booths, as well
as Chinese and other types of cuisine. Soft drink.~ and other
non-alcoholic beverages will be sold.
tssung. T.h. ose ?rjv~. e .arly enough Aug. 30 will receive a free
or a 3.foot diameter moon cake, said Dennis Wan, fes-
tival organizer.
"This festival is not just for the Chinese population. We '
want tO have a cross-cultural event;' Wan said.
Signs on all the booths will be in Chinese and English, and
the booths will be staffed with English speakers.
NEWS
Craj.~I~ Marker (left) plays Longaville and Robert Sicular is Berowne in San
70 Shakespeare Festival's 'Love's Labour's Lost:
Love's labour's definitely
is not lost in Cupertino
By ESTELLE PAGNOUX
For Shakespeare enthusiasts ready to
embrace the frothler side of the Bard's
work this summer, Love's Labour's
Lost is sure to delight at the right
price--it's free. The San Francisco
Shakespeare Festival brings the roman-
tic comedy to Cupertino's Memorial
Park Amphitheater across from De
Anza Cotlege Aug. 9 through 24 for the.
city's 21st season of Free Shakespeare
in the Park.
Love's Labour's Lost, considered one
of Shakespeare's less popular comedic
plays, has experienced a resurgence of
interest since actor and director
Kenneyh Branagh adapted the story for
a mowe musical in 2000. Although the
film did not live up to Branagh's suc-
cessful track record--which includes
adaptations of Hamlet and Much Ado
About Nothing--the romantic cast of
characters in Love's Labour's Lost was
reintroduced to the public.
Director Ken Kelieher hopes to win
over audiences with an updated version
of thg-~tory set in Europe between 1958
and
B~ ~t designs reflect the pop art
movement of the time, while costumes
including sharkskin suits and vibrant
party dresses would make even Austin
Powers proud. As a backdrop for multi-
pie love stories, the strong visual cle-
ments complement the witty comedy
that makes Love's Labour's Lost light
enough for the carefree days of summer
but still satisfying under the stars as
ouly Shakespeare can be,
Our heroes, four young men led by
the King of Navarre swear off love for
three years to concentrate On their stud-
ies~. that is, until a pretty young prinCeSs
buperLmU
Rim, perfornmce series iA park
· The clty of .~. ~o's free outd~r ~ film ~
nes at the amplfithe~r in I~mori~iPark fe~tm~s l~v~ enter.
tslnment and a fi~x It is held Thursd~s fi~m 6-~0 t~ 10 p~
residents are encoursged to picnic du~gperforn~auces.
f~m Ireland. ~l.-~l. aad Englan& "~I~e Cup", a T~etan
0~_ ?~g: g~,~ me movie will be ~ly Big Pat G~ek Weddiug."
The Firebird Youth Chinese 0reheia~a wmperror~
~or moreifi~ormation, call (40~) ?Ty-.q~0.