FAC 10-28-03CU e no
FINE ARTS COMMISSION
Regular Meeting
Conference Room A
10300 Tone Avenue Cupertino
October 28, 2003
7:30 p.m.
AGENDA
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES
1. Minutes of the regular meeting of September 23, 2003.
PRESENTATIONS
ORAL COMMUNICATIONS
WRITTEN COMMUNICATIONS
COMMISSIONER AND LIAISON REPORTS
Monthly meeting with Mayor Chang (3ra Tuesday at 5 p.m.)
· Report from Carl Orr regarding the October meeting
· Confirm Janet Mohr will attend the November meeting
UNFINISHED BUSINESS
Creation of mural in one or more locations to discourage graffiti
· Report from ad hoc committee (Lin-Kinoshita, Kundargi, and Orr)
Consider amendments to Guidelines for Selecting Public Art (continued from 9-22-03)
· Review existing contract with Artist Roger Berry
· Review samples from Town of Los Gatos and Foothill/DeAnza College District
· Review changes made to Guidelines at the commission's last meeting
· Review draft catalogue form
NEW BUSINESS
Consider project to promote existing and anticipated public art (continued from 9-22-03)
· brochure and/or walking tour of art in Cupertino to include DeAnza College, Cupertino
Senior Center, Quinlan Community Center, Whole Foods, Portal Software, City Center
Plaza, etc.
· collect data and photographs
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 the 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
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fabrication/installation processes, and to promote integration of art with the
environs.
The consultant may also serve as project manager, which would 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
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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
xvorks 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
~vith 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 the staff liaison, will develop and maintain
the archives and records of the city's collection.
Information to provided by the 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 ~vhich 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 o fan artwork will follow legal procedures and protect both
artist and City from liability.
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Exhibit A
Insert maps/documentation of recommended sites for place of public art
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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:
Emaih
Notes:
Acquisition
Date:
Fax:
Direct purchase
Direct commission
Gift or donation
Temporary loan
Indicate method of acquisition:
0
0
0
0
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
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Ownership Information
Owner: (intended for referencing work at DeAnza, Portal, etc.)
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.
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AGREEMENT FOR CONSULTATION, DESIGN, FABRICATION,
TRANSPORTATION, AND INSTALLATION SERVICES BETWEEN TH~ CITY OF
CUPERTINO AND ROGER BERRY, ARTIST A SOLE PROPRIETOR, FOR A WORK
OF ART
This Agreement, for Consultation, Fabrication, Transportation, and Installation and for a Work
of Art at the southeas~ comer of Stevens Creek Boulevard and De A.?a Boulevard in Cupertino
(AGREEMENT), effective and entered into this/~y of J~2003, in Cupertino,
California, is by and between the City of Cupertino (CITY), and Roger Berry (ARTIST).
RECITALS
WHEREAS, the CITY OF CUPERTINO desires to obtain Art Consultation, Design Fabrication,
Transportation, and Installation services for a sculpture piece called "Perspectives", hereinafter
refer'ed to as thc SCULPTURE, in City Center Pl~7~: and,
WHEREAS, Roger Berry has the necessary professional expertise and ~k-ill to perform the
Artistic services required.
NOW, THEREFORE, the purpose of this Agr~=ment is to retain Roger Berry as ARTIST to the
CITY to perform those services specified in Exhibit A ofth;~ Agreement.
THE PARTIES 1-11~tEBY AGREE AS FOLLOWS:
TERMS OF AGREEMENT
1. Definitions
Where any word or phrase defined below, or a pronoun used in place thereof, is used in any part
of this Agreement and Specifications, it shall have the meaning herein set forth:
1.1 "ARTIST" shall mean Roger Berry.
1.2
"Art work" shall mean the SCULlYrURE, "Per--es', by the ARTIST for the City
Center Plaza. described in F_JCHIBIT A- SCOPE OF WORK, and as approved by the
CITY.
1.3 "City Manager" shall mean the City Manager of the City of Cupertino, California.
cie
Final Agxeeme~ February 8, 2003
1.4 "CITY" shall mean the City of Cupertino, a municipal corporation.
1.5
1.6
1.7
1.8
1.14
"City Council" shall mean the City Council of the City of Cu!~'tino.
"City Project Manager", or "Project Manager, shall mean Terry W. Greene, City Senior
Architect
"Final D~sign' shall mean the final specifications and information as indicat~i in
EXHIBIT A - SCOPE OF WORK.
"General Contractor(s)" shall mean the general contractor (s) ~ by UI'IY to construct
the City Center Park.
"Project Director" shall mean Ralph A. Quails, Jr., Director of Public Works.
"Project Ivlznagement Team" shall mean the City Project Manager, Terry Greene, the
Public Works Director, Ralph Quails, the Conslxucfion Manager, David Marks, and the
Owners Association Representative, Don Bragg.
"Proposal" shall mean the approved S~ set forth in EXHIBIT B -
PROPOSAL
"Site" shall mean southeast comer of Stevens Creek Boulevard and De Anva Boulevard
in Cupertino, California.
"Work" shall mean the work to be done in providing the City of Cupertino with the
SCULPTURE as described in EXHIBITS A, B, and C, as provided under the terms of
this AGREElVIENT.
Whenever the words "as directed", "as requix~l", "as permitted", or works of like effect
are used, it shall be understood as thc direction, requi~ment, or permission of the CITY.
The words "sufficient", "necessary", or "proper", and the like, mean sufficient, necessary
or proper in the judgment of the CITY. The words "approval", "acceptable",
"satisfactory", or words of like import, shall mean approved by, or acceptable to, or
satisfactory to the CITY, unless otherwise indicated by the context.
Term of the Agreement
The term ofthL~ AGRg. EMENT ~hall be retroactive, commencing on July 1,2002, and
nhall ~'q~d on December 31, 2003. The CITY may, in its discretion, extend the term of this
AGREF_34ENT by one (1) or mor~ months, up to a maximum of(6) months, by giving
written notice to ARTIST at least thirty (30) days prior to the Termination Date.
City C. eat~r Park
Fi~l Al~u~ Februa~ 8, 2003
7-10
o
4.1
4.4
Services Artist Agrees to Perform
The ARTIST agrees to perform the services provided for in EXHIBIT A - SCOPE OF
WORK, and further described in EXHIBIT B - PROPOSAL, as approved by the CITY,
which am attached hereto and incorpointted by reference as though fully set forth h~r~in.
Timely Provision of Services
The ARTIST agrees to the following schedule of delive'rables. CITY may, in its
discretion, notify ARTIST, in writing, of changes in the following schedule:
Schematic D~i~n - Completion by February 28, 2003. ARTIST shall coordinate with
CITY to review structural location, and dimension aspects of art work. ARTIST shall
complete schematic design drawings reflecting above issues and submit to CITY for
review and approval by above referenced date.
Final Desien - 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, including working drawings for all components, structural/engineering drawings,
cost estimates on fabrieminn and materials, revised and aecorate site placement, and
samples of materials indicative of color and surface treatment. ARTIST shall supply
evidence of Insurance Against Loss, to CITY, as required in Section 15.1.
Fabrication - Complen~on by August 31, 2003. ARTIST shall provide evidence of
completion of fabrication to CITY. ARTIST shall supply ~vid~nce of General Liability
Insurance and Comprehensive Automobile Liability Insurance, to CITY, as r~quired
under Section 15.1.
Transportation / Delivery - Between September I, 2003 and Septmnber 30, 2003.
ARTIST shall be responsible for the transportation and delivery of the SCULPTURE to
the sim duriag the referenced dates.
Installation - Completion by October 31, 2003. ARTIST shall install the SCULPTURE
on the Site by the above refe~nced d~te ARTIST shall coordiaat~ the installation of the
SCULPTURE with the CONSTRUCTION MANAGER and the CONTRACTOR.
The ARTIST shall consult with project team members as requested by CITY, during
schematic design, final design, fabrication and installation. ARTIST shall be given not
less than 30 days notice of all product delivery deadlines or schedule changes.
5. Approval Process
If the CITY, in its sole and reasonable discretion, determines to withhold any approval or
any element as specified below, the CITY shall have the right to immediately terminate
this AGREEMENT and shall have no further obligations under this AGREEMENT.
C~y C~n~ Park
Final Ag~ement, February 8, 2003
7'l/
5.2
5.3
Schematic Design. The ARTIST shall cOOrdinate with the CITY to document structural,
seismic, location, and dimensional aspects of the SCULPTURE. The ARTIST shall
submit Schematic Design for CITY approval. Upon acceptance and approval by CITY,
ARTIST will be issued a Notice To Proceed for Final Design.
Final Desigm The ARTIST shall submit the Final Design for CITY approval. Upon
acceptance and approval by CITY, ARTIST will be issued a Notice To Proceed for
Fabrication.
Fabricatiom The ARTIST shall submit evidenca of eompletion of Fabrication for CITY
approval. Upon aoceptance and approval by CITY, ARTIST will be issued a Notice To
Proceed to prepaxe for Transportation and Delivery. The CITY shall be given access to
the SCULPTURE and ARTIST'S studio, during normal business hours, to review the
ARTIST'S progress, throughout the design and fabrication process.
Transportation end Delivery. ARTIST shall submit evidence of the required General
Liability and Automobile Liability insurance as described in this AGREEMENT. Upon
acceptance and approval ofthe insurance and trans~rtation documents by CITY,
ARTIST will be issued a Notice To Proceed to Transport and Deliver. CITY will
inspect the SCULPTURE, for conformance to the Final Design prior to transpo~ and
upon arrival at Site.
5.6
Im~tallafion: ARTIST shall eonsult with the CITY as appropriate during the installation
of the SCULPTURE. The ARTIST is entirely responsible for the material, means and
methods of insmll~iion of thc SCULPTURE, and at no time, prior to Final Aoceptance
will CITY be responsible for those materials, mcans or methods.
5.7
Conditians to FinAl Acceptance: The completed SCULPTURE shall not be deemed to
have ~ accepted by CITY until each of the following eondRious h~t~ been fulfilled, as
determined by CITY:
(a)
Any damage to the SCULPTURE, which oceurr~ during transportation, delivery
or installation, mnst be ~ to the satisfaction of CITY.
(b) Any disputes between ARTIST and other site contractors, arising out of or related
to the installation, must be resolved to the satisfaction of CITY.
(c)
ARTIST shall present Lien Releases for all Sub Conl~actor work m~ociated with
the design, fithrication, tnmaport~tion, delivery, and installation of the
SCULPTURE.
(cO CITY lam received and approved ~ SCULPTURE Maintenance, Repair
and Operations Plan provided by ARTIST.
Consultation during Design, Fabrication and Installation; Deviation from Approved
Sp~citications
Final Agreement, Felmmry g, 2003
6.1
Consultation. A~ist hercby acknowledges that the goal of the patties to thi~ Agrcemcnt
is the ~nstallation ora work of art that bes~ represents the creative talents of Artist and
conforms to the requirements of the CITY. To those ends, ARTIST ag~es to be
available, as reasonably required, for consultation with the CITY during fiinal design,
fabrication, transportation and installation nfthe SCULPTURE, at no *a,titional cost to
the CITY.
Deviations Fwm Approved Design. Artist shall fabricate and install the SCULPTURE in
strict conformity with the drawings and specifications approved by the CITY, pursuant to
Section 5 above. However, ARTIST may at any time make a request of the CITY for its
approval of a deviation fi~om the approved drawings and specifications; provided that all
such requests be made in reasonable specificity and with reasonable advance notice to
provide the CITY with sufficient information and time to make an informed and
considered decision. In no event shall any deviation increase the project scope and/or
budget without prior CITY approval. The CITY may withhold approval to any such
requested devi~4cm.
?. Preparation of and Access to Site / Notice of Conflicting Conditions
7.1
The preparation for the Site ~hnl! be the responsibility of the ARTIST. Artist may, by
mutual agreement, contract with the gcncral contractor to perform all site preparation and
post installation work. Artist shall not transport the SCULPTURE from the studio to the
Site until access to the Site has been approved by the CITY. The CITY ~hn![ not approve
ARTIST'S access to the Site until:
ARTIST has submitted to the CITY certificates evidencing General Liability
insurance and Automobile Liability insurance as required pursuant to this
AGREEMENT; and,
Co)
ARTIST has submitted to the CITY a certificate evidencing a transportation
agreement between ARTIST and a bonded Transporter.
ARTIST has submitted a written acknowledgement of respons~ility for all
parkln$ fees, transportation permits, penalties as may be incurred during transport
and other costs or charges arising fi'om, or associated with the mmapom~on of
the SCULPTURE.
Where ARTIST'S work is associated with that of any other contractor, ARTIST shall
examine the adjacent work and report in writing to the CITY any visible defect or
condition preventing the proper execution of this AGREEMENT. If ARTIST proceeds
without giving notice, ARTIST shall be held to have accepted the work or material and
the existing conditions, and shall be respons~le for any defects in his own work
consequent thereupon, and shall not be relived of any obligation or any guarantee because
of any such condition or imperfection.
7.3 To the extent that any part of the ARTIST' S work must interface with work performed or
installed by othem, ARTIST shall inapeet and measur~ the in-place work and promptly
City Center ?ark
Final A~-~m~t, February 8, 2003
7.4
7.5
report to the CITY, in writing, any defect in such in-place work that will im.~de or
increase the cost of the ARTIST'S interface, unless corrected. The CITY will resolve the
defective in-place work, to the satisfaction of~ and without expense to, the ARTIST. If
the ARTIST fails to measure, inspect and/or report defects ttmt are reasonably
discoverable, all costs of accomplishing the interface shall be borne by the ARTIST. The
foregoing does not apply to latent defects. The Artist shall report latent defects in the in-
place work at any time such defects become known to ARTIST, and the CITY shall
promptly thereafter take such steps as may be appropriate.
Any difference or conflict &at may arise between the ARTIST and other con.actors in
regard to their Work shall be adjusted as det~,,,~ined by the CITY, its agents, or its
authorized representatives when such suspension or prosecution is necessary to facilitate
the work of other contran~ra or workers. No damages or claims by the Artist will be
allowed therefore other than an extension of time as specified in the Conlract for the
completion of Work. Such an extension will be for the period of time as the CITY shall
consider the Artist to have been delayed in the completion of work by reason of the work
of other contractors or workers.
If, when the Artist completes fabrication or procurement of the Work in accordance with
the approved schedule and notifies the CITY that the Work is ready for installation, the
Artist is delayed fi'om installing the Work within the time specified in the schedule as a
result of the construction of the Site not being sufficiently complete reasonably to p~Lmit
installation of the Art work therein, the CITY sh~ll promptly reimburse the Artist for
reasonable storage costs in~amaxl for the period between the time provided in the
schedule for commencement of installation and the date upon which the Site is
reasonably sufficiently complete to pemfit installation oftbe Art work.
Artist shall not be entitled to any other damages for delays in the installation or
acceptance of the work due to any actions of the CITY, its consultants or contractors.
Artist shall bear any storage costs resulting from the completion of services under this
Agreement prior to the time provided in the schedule in Section 4.
Compensation
Contract Amount: The total contn~ mount is ONE HUNDRED FORTY THREE
THOUSAND SEVE2q HUNDRED EIGHTY-EIGHT DOLLARS AND 00/I00 CENTS
($143,788.00) for all services under this Agreement, including payment to all suppliers,
subcontractors, fees, taxes, permits, insurance, transportation to and from meetlngs, and
all other expenses associated with the scope of work specified in this Agreement. Thc
Artist shall be r~pons~le for the payment of all mailing or shipping charges on
submissiom to thc CITY, the costs of transporting the work to the site and the costs of all
travel by the Azti~ and the Azfist's agents and employees nccessary for the proper
performance of the services requirement under thi~ Agreement. The breakdown of costs
associated with this Agreement is provided in EX~-IIBIT C, "Calculation of Charges,'
attached hereto and incorporated by reference as though fully set forth her~in.
Pm
Rog~ B~'r~ Artist
Final Agr~emem, February $, 2003
7-tht
8.3
No charges shall be incun'ed under ~ Agreement nor shall any payments become due to
Artist until all reports and services, or both, required under ~his Agreement are received
from Artist and approved by the CITY as being in accordance wi~h t~fis Agreement. The
final payment of the fee is due and payable when the work is finally accepted by the
CITY and 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 part of the Artist's fee or any
other project expenses unless and un61 the ~ork is finally accepted by the CITY. The
CITY may, however, m,~ke interim payments to the Artist according to schedule and
conditions set for the in EXHIBIT C - "Calculations of Charges'.
Effect of Approval for Interim Paymunt: Approval of the work to permit an interim
payment is solely for the benefit of the Artist. Payment does not constitute accaptanee or
approval of the work by the CITY, nor shall it be consh'ued as 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 Interim Payments: In the event this Agreement is ~:r~in~-t~i for any reason
prior to CITY's final payment to Axti~ Artist shall immediately reft~d to CITY any
interim payment made to Artist, the amount of which has not been l:~viously spent by
Artist as evidenced by appropriate invoices or receipts to cover costs and expenses
approved by the CITY.
Method of Payment
Invoices furnished by the A_~dst under this Agreement must be in a form acceptable to the
Finance Director. All amounts paid by CITY to Artist nhall be subject to audit by the
CITY. Payment shall be made by the CITY to the Artist at the add,ss staled above.
10. Taxes
Any taxes levied upon this Agreement, the transaction, or thc equipment or services
delivered under this Agreement, including sales or use taxes shall be borne by the Arfi~
11. Liability for Damage to Equipment or Art Work
The CITY shall bear no responsibility, nor incur any liability, for loss or d~-~age to the
Art work or any Artist-owned equipment involved in Artist's performance under this
Agreement.
12. Independent Coutractor
~ shall be deemed at all times to be an independent contractor and shall be wholly
responsible for the manner in which the Artist performs the service required by the terms
Final Ag~:~-nt~ Fcbnmry 8, 2003
7-/5
of this Agreement. Nothing contained herein shall be construed ~ creating an
employment or CITY relationship between the CITY and the Artist.
Terms in ~ Agreement referring to direction from the CITY shMl be construed as
providing for direction as to policy and result of the Artist's work only and not as to the
means by which such a result is obtained.
13. Artist Warranties
Conformance with Plans and Specifications. Artist hereby expressly warrants to the
CITY that the Art work, and all services and material~ incorporated therein, shall
conform to all plans and specifications of the Art work approved by the CITY. The Art
work shall be subject to iXXSlC~ion and rejection with due emme by the CITY fi~om the
beginning of fabrication until the final completion and aecaptence. An inspection by the
CITY of any work or material shall not be deemed to be a waiver of may future fight of
inspection or of any fight to demand correction of any subsequently discovered defect
Any work or material found to be unsatisfactory or defective before final approval of the
work shall be corrected or replaced by the Artist within a reasonable time. Inspection
shall not relieve the Ax-'tist of the Artist's obligation to furnish materials and worlcmanship
reasonably in accordance with the conlract.
Defects in Material and Workmanship. Artist warrants that the work will be free of
defects in work~n~hlp or materials, including inherent defects, and that Artist shall, at
Artist's cost and expense, xvmedy such defects in workmanship or materials, that appear
within a period of one (1) year from the date the work is finally accepted by the CITY.
In the event the Art work should deteriorate due to an inherent defect within one (1) year
from the date the work is f~n~lly accepted by the CITY, the Artist will repair or replace
the work at Artist's expense. "Inherent defect" refers to a quality within the material or
materials which comprise the Art work which, either alone or in combination, results in
the tendency of the work to destroy itself. "Inherent defect" does not include any
tendency to deteriorate which is specifically identified in the Specifications submitted by
the Artist.
Title. The Axtist represents and warrants that: (a) the Work is solely the result of the
artistic effo~ of the Artist; (b) the Work is unique and original and does not infringe upon
any copyright; (e) the Work, or a duplicate thereof~ has not been accepted for sale
elsewhere; and (d) the Work is f~ee and clear of any liens fxom any suurce whatever.
Unique. Artist warrants th~ the A~ work is unique and an edition of one, and that the
Artist will not execute or authorize another to execute another work of the same design,
dimensions or materials as the work commissioned pursuant to this Agreement. For the
purpose of this warranty, the Art work shall be defined as "Perspectives". This w~,~aty
shall continue in effect for a period consisting of the life of the Artist, plus 50 years and
shall be binding on the Artist's heirs and assigns.
Roger Btm'y Artist
Fired Agreemueut, Febtu&ry 8, 2003
14. Maintenance, Repairs, Alterations and Removal
Maintenance and Repair. As a condition to final acceptance by the CITY of the Art
work, the Artist shall provide the CITY with a parts list and written description of the
regular maintenance needs of the Art work. Routine maintenance of the Art work shall
be the responsibility of the CITY. The CITY shall maintain the Art work and/or make
minor or emergency repairs without Artist's approval or consultation, provided such
work is performed in accordance with the maintenance and materials information
provided by the Artist. If necessary repair~ cannot be made in accordance with the
Artist's specifications, or/f Artist has provided insufficient information to the CITY, the
CITY may use its best judgment to effect necessary repairs.
Removal or Desh-uction. A_~cist her=by acknowledges that the Art work, when installed,
will be incorporated within and made a part of the City Center Park in such a way that
removing the Art work from the City Center pIA?a; or the destruction or modification of
the City Center Park may cause the destruction, disW~tion, mutilation or other
modification of the Artwork. Artist therefore agrees that the CITY shall have the
absolute fight incidental to its ownership of City Center Park and the Art work to alter,
change, modify, destroy, remove, relocate, move, ~place, tr/msport, or transfer, in whole
or in part (such actions being refeaxed to herein as "Alterations"), the Art work at such
time as the CITY shall deem necessary in order to exercise its powers and responsibilities
with respect to public works and improvements in furtherance of CITY's operations. The
CITY ~hall make a good faith effort to provide the Artist with prior written notice of the
CITY's intent to undertake any Alterations to the Art work. To the extent the provisions
of this Section are inconsistent with the provisions of federal or state law, including
without limitation the California Art Preservation Act and the 1990 Visual Artists' Rights
Act, Artist hereby waives any fight to preservation of the Ar~ work provided by those
laws; provided, however, that the Artist shall r~tain any 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~rd. Artist warrants to the CITY that the Art work as installed does not
contain featoras, materials or elements that pose a foreseeable danger to the public. In
the event that the CITY determines that the Art work presents an imminent b.:'-~rd tO the
public, the CITY may authorize the removal of the Art work without approval of the
Aytist. The Artist shall b~ notified within thirty (30) days of any such action, and the
CITY shall then consider options for the final disposition, repair, reinstallatlon,
maintenance or de-accession of the Art work. In the event that the Art work can not be
removed without being irreparably damAEed or destroyed, the Artist hereby agrees to
waive any fights the Artist may have under the California Art Preservation Act and the
1990 Visual Artists' Act, provided, however, that the Artist shall retain any 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
Artist's Address. The Artist shall notify the CITY of any change in a&tress. Failure to
do so shall be deemed a waiver by Artist of any rights to approval under thee Section 14.
Final Agreeme~ February 8, 2003
15. Insurance
Required Insurance. Artist shall place and maintain for the periods .~ate~i below, and pay
the cost thereof, the following insunmce policies:
(a) Worker's Compensation. If Artist has employees, Artist shall procure and maintain
statutory Worker's Compensation Insurance in the jurisdiction where the work is
being performed and provide a waiver of subrogation agaln~t the CITY. Artist shall
also procure and maintain Employer's Liability Insurance with a limit of no less than
$1,000,000 each accident, covering all employees. If Artist warrants that he is not an
employer and has no employees as defined by the California Labor Codes Sections
3351-3351.5, then the CITY waives the requirement for Worker's Compensation and
Employer's Liability Insurance under this Agreement.
Artist shall ensure that Artist's subcontraclors who do qualify as employers as defined by
the California Labor Code Sections 3351-3351.5 procure prior to certification 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 than $1 million
each accident, covering all employees employed by Artist's subcontractor to provide
statWtory benefits as required by the laws of California, said policy shall be endorsed to
provide that the insurer waives all rights of subrogation against the C1TY.
Insurance Against Loss. Prior to disbursement by the CITY of the second interim
payment put, mint to SeCtion 10.2, to be maintained until the A~ work is ac~ted by the
CITY, proof that the Art work is insured against loss for not less than the value of this
Agreement with not more th,n $1,000 deductible.
(c)
General Liability Insurance. Procure, or cause his subcontractor to procure, prior to
receiving the third interim payment and m.intallI ulltil the AI~ work has ~ accepted by
the CITY, Comprehensive General Liability Insurance with limits not less than
$1,000,000 for each occurrence combined single limit for bodily injury and property
cL~m,ge, includ~g coverage for con~ractuai liability, broad form pmpe~y damage,
completed co operations, and if any subcontracted work, independent contractors.
(d) Comprehensive Automobile Insurance. Procure, or cause his subcontractor to procure,
prior to receiving thc third interim payment, and maintain until the Art work has been
accepted by the CITY, Comprehensive automobile liability insurance with single limit for
bodily injury and property damage of $500,000, including coverage for owned, non-
owned and hired automobiles, as applicable. Any deductible under such policy shall not
exceed $1,000 for each occurrence.
Miscellaneous Insurance Matters.
15.2.1 All insurance policies obtained pursuant to this Section shall be endorsed to
provide:
Final Ag~eemen~ Fe~ $, 2003
That fffirty (30) days written notice of cancellation, non-renewal or reduction in
coverage or limits shall be given to CITY Project Man.ger, Terry Greene, CITY
of Cuportinn, 10300 Torte Avenue, California 95014; and
That such insurance is primary to any other insurance available to an additional
insured with respect to claims arising 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
the insurer's limits of liability.
15.2.2
All insurance policies required under this Agreement shall be issued by insunnce
companies reasonably acceptable to the CITY and shall be authorized to do
business in the State of Califomi~
15.2.3
The liability insurance policies required above shall be endorsed to name as all
additional insut~i the CITY and its respective members, officer, directors, agent
and employees.
15.2.4
Copies of all insurances shall be provided to the CITY, and complete copies of
any insurance policies obt. lned pursuant to this Agreement shall be provided to
the CITY if requested at any time.
16, Indemnification and General Liability
Artist shall defend, indemnify and protect the CITY and its officers, employees, agents,
contractors, consultants and members ofits boards and commissions (an "Indemnified
Person") haxmless from and ~gain~t any and all Losses arising directly or indirectly, in
whole or in paxt. out of any injury to or death to any person or damage to or des~'uctiun
of any proper'Or, from any cause whatsoever, relating to Artist's performance, aRempted
performance or failure to perform under this Agreement, whether such Loss is caused by
the Artist or his agents, employees or contractors, or by any third party.
In the event any action or proceeding is brought against an Indemnified Person by reason
of a claim arising out of any Loss covered by this indemnity, and upon written notice
from such Indemnified Person, Artist shall at the Artist's sole expense answer and
othm'wise defend such action or proceeding using counsel appxoved in writing by the
Indemnified Person. Each lndemnited Person shall have the right to defend, adjust, settle
or compromise any claim, obligation, debt, demand, suit or judgment covered by the
indemnity set forth in ~ Section.
For purpose of this Section, the term "Losses" shall mean any and all claims, demands,
losses, damages, liens, liabilities, injuries, deaths, penalties, fines, lawsuits and other
proceedings, judgments and awards rendered therein, and costs and expenses, including,
but not limited to, reasonable attorney's fees.
The artist shall indemnify and hold the CITY harmless fi'om all loss and liability,
including aRomey's fees, court costs, and all other litigation expenses for any
infringement of the patent rights, copyright, trade secret or any other proprietary right or
city ~ P~
Final Agrcem~mt, Febnu~ 8, 2003
p*o~ 11 mfg~l
7-lq
trademark and all other intellectual prope~ clnlm~ of any third party permns arising
from the Artist's work under this Agrt~nent
17. Incidental and Consequential Damages
Artist shall be respons~le for consequential damages for persoBal injury including death
or tangible properly damages due to the Artist's negligence or intentional acts. This
Agreement shall not limit any cause of action arising between the parties which is based
upon wrongful acts which are independent of the Agreement.
18. Liquidated Damages
By entering into thi~ Agreement, Artist and his subcontractors agree that in the event thc
work as provided under Section 4 of this Agreement and ExI-m3IT A is delayed beyond
the scheduled milestones and fimelines as specified under Section 4, the CITY will suffer
actnal damages that will be impractical or extremely difficult to de~z,,,~ne, therefore,
Artist and his subcontractors agree that the sum of ONE HUNDRED DOLLARS
($100.00) per day for each day of delay beyond scheduled milestones and timelines ia not
a penalty, but is a reasonable estimate of the loss that the CITY would incur based on the
delay, established in light of the circumstances existing at the time the Agreement is
awarded. CITY may deduct a sum representing the liquidated damages f~om any money
due to the Axtist. Such deductions shall not be considered a penally, but rather agreed
monetary damages sustained by the CITY because of failure to deliver to the CITY within
the time fixed or extensions of time permitted by the CITY. To the extent that the delay
is the result of either rain or climatic conditions that would impede the installation of the
Ai~ work, or a delay in the schedule provided to the Artist by the General Contractor, the
Artist shall not be deemed responsible for said delay and shall be relieved of any
liquidated damages.
19. Artist's Default; Remedies; Termination
Artist's Default. Failure or rcth~! 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 (10) day
wriRen notice. Such ~, ..ination does not waive any other legal remedies available to the
CITY.
19.2
The CITY may ~ermlnate this Agreement if the work as fabricated si~,nificautly deviates
from the Specifications as provided in EX3IIBIT A and the Final E~sign. There shall be
no I~f ruination under this subsection, however, unless Atiist fails to cure any such
nonconformance within 30 days after receipt of written notice fxom the CITY setting
forth in detail the nature of the nonconformance and the specific requirements to cure or
correct. III the event such a determination is made, this Agreement shall l,~:',,,inate 30
days after the date the CITY delivers to the Artist in writing a notice of its intent to
terminate. The CITY may rescind the notice or extend the date for termination, but no
rescission or extension is valid anless it is in writing and approved by resolution of the
CITY.
C~ C~nt~r Park
Find Agreemcm, Febrtua'y 8, 2003
7-90
The remedies described in subparagraph (a) and Co) a~ in addition to all other remedies
available to either party under the laws of the State of California should the other party
fail to comply with the tg,mS oft[ds Agreement.
20. Notices
Submittals, requests, notices and reports required under this Agreement shall be delivered
as follows:
For the CITY:
Terry W. Greene, AIA
10300 Torte Avenue
Cupertino, California, 951~4,
For the Artist:
Roger Berry
37220South River Road
Clarksbu~ CA 95612
A change in the designation ofth~ person or address to which submim~!~ requests,
notices, and reports shall be delivered is effective when the other party has received
notice of the change by certified mail.
Ownership of Art work; Copyright and Patents; Documentation
Generally. The artist remln~ all rights under the Copyright Act of 1976, 17 U.S.C. I01 et
seq., and all other rights in and to the A~ work exempt as detailed in Section 22.5. The
CITY is not responsible for any third party infi4ngement of the Artist's copyrights and
Artist agrees to hold the CITY harmless for any such infringement.
Title and Risk of Loss. Title to the Art work shall be held by the CITY. Title passes to
the CITY when the Council ac,~p~ the work by resolution and the final payment is made
to the Ar'dst The Artist bears the risk of damage to or loss of the Aft work until
installation of the Art work at the Site is completed as deU:~ mined by the CITY.
Display. The CITY has the fight to display the project drawings and is authorized to
make and reproduce photo~phs and other two~llmensiomd reproductions of any
drawings or models for poblieity and program purposes.
21.4
Ownership of Docm~ents and Models. Stuclles, drawings, design.s, maqu~ and models
prepared and submitted prior to and dm-ing thi~ Agreements shall belong to the Artist.
The CITY may select and the Artist shall convey to the CITY one (1) archival copy of
the original drawings or models submitted as part of the proposal, the CITY representing
that 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 unconditional
right to own maquettes selected for implemen'mtion as prat of commi~siun awards or may
alternatively choose to retain all such nmquettes until completion and approval of projec~
City Center P~tk
Final Agre~ement, Febxua~y g, 2003
implementation; retain first right of refusal to purchase maquettes submitted by artists not
selected for implementation; be given credit upon display and/or reproduction of any
maquette or proposal commissioned, whether selected for implementation or not; and
require that all proposals and/or maquettes submitted be original end unique.
Reproduction Rights. The CITY shall have a perpetual, non-exclusive license to make,
and to authorize the makln_,~ of photographs and other two-dlmenalonal reproductions of
the work for educ~ional, public relations, arts promotional and other non-commercial
purposes. For the purposes of this agreement, the following a~e deemed to be
reproductions for non-commercial pm'poscs: reproduction in exhibition catalogues,
books, slides, photographs, postcards, posters and calendars, and the CITY's on-line
homcpage; in art magazines, art books, and art and news sections of newspapers; in
general books and magazines not primarily devoted to art but of an educational, historical
or critical natu~; slides and film strips not inlended for a m,,~s audience, and television
from stations operated for educational purposes or on programs for educational purposes
from all stations.
Artistic Credit. Artist hereby agrees that all formal references to the work and any
reproduction of the Art work or proposal in any form shall include the following credit:
"Collection City of Cupertino." The CITY hereby agrees to credit the Artist for the Art
work upon publication of any two-dimensional mproductinns of the work as stated in thi~
Section.
Documentation. Artist shall provide complete information regarding intent of Axt work,
the materials, and precesses used in the fabrication and installation of the work to the
CITY for its registration files. A~ shall provide specifications and recommendations
for maintenance of the Art work and its systems. Artist shall provide the CITY wi~h a set
of two medium format color transparencies, and two 8 x 10 black and white photographs
end their medium format negatives, for program and archival purposes.
22. Subcontracting
The Artist shall not subcontract this Agreement or any part of it unless such
subcontracting is approved by the CITY. Neither party shall, on the basis of this
Agreement, contract on behalf of or in the name of the other party. An Agreement made
in violation of this provision shall confer no rights on any party and shall be null and
void. In the event Artist desires to subcontract for any of the services under thi~
Agreement, thc Artist sh~ll notify the CITY in writing and describe in detail the services
to be provided by said subcontractor. Within ten (10) business days after receipt of
Artist's notice of intent to subcontract, CITY shall notify Artist in writing of its consent
to subcontract, which consent shall not be unreasonably withheld, as well as any
insurance requirements the CITY desires to impose on subcontractor activities.
The Artist's agreements with his subcontractors shall require that the subeontractor~
comply with each of the A~dst's legal obligations to the CITY as set forth in this
Agreement.
Civ C~n~ P~
Fi~l A~'e~aeut, Febn~aty 8, 2003
Thc Artist shnll pay prevailing wages to all cmployees or sub conWactors during the
course of executing lhc work described in this Agreement, and shall he prepared to
submit Certified Payrolls to thc City, for review, upon request.
23. No Assignment or Transfer
Artist shall consistently give his personal av, ention to the faithful execution of the scope
of work of this Agreement The Artist shall keep the work under his control and shall not
assign or subconh'ant the whole or any part thereof, except as herein provided. All
lransactions with subcontractors shall be made through the Artist, and no subcontractor
~hall relieve the Artist of any of the Artist's liability or obligations under this contract.
24. Compliance with Laws
Contractor Shall Not Discriminate. In the performance of this contract, Artist agrees not
to discriminate on the basis of the fact or perception ora person's race, color, creed,
religion, national origin~ ancestry, age, sex or disabili~.
25. Miscellaneous
Survival of Indemnities and Other Provisions. Termination ofthi~ Agreement shall not
affect CITY's right to enforce any and all indemnities, represcntations or warranties
given or made by Artist to CITY under this Agreement, nor shall it affect uny other
provision of this Agreement that expressly states it shall survive t~ mlnation.
Force Majeure. The lu~m "Force Majeure" with respect to a delay in performane, e shall
mean uny delay that is atm~outable to (1) any strike, lockout or other labor or industrial
disturbance (whether or not on the part of the employees of either party thereto), civil
disturbance, future order claiming jurisdiction, a~t of the public enemy, war, riot,
sabotage, blockage, embargo, inability to secure customary ~s, supplies or labor
through ordinary sources by reason of regulation or order of any government or
regulatory body: (2) any changes in any applicable laws or the int~q.,~:tafion therco~ or
(3) any flood, washout, explosion, or any other eau.se beyond the reasonable control of
the party from whom performance is required, or any of its contractors or other
representatives. Any prevention, delay or stoppage in a party's performance her-'under
due to Force Majeure nhall excuse the performance of the party affocted for a period of
time equal to any such prevention, delay or stoppage; provided, however, that during the
period of any such delay or stoppage, the party whose performance hereunder is excused
shall take all reasonable steps necessary to minimi?e the length of such delay or stoppage.
Governing Law. This Agreement, regardless of where executed or performed, shall be
governed by and construed in accordance with the laws of the State of Californ~
25.4 Successors and Asslgnu. The i~tms, covenants and conditions contained in this
Agreement shall bind and inure to the benefit of Artist and CITY and, except as
otherwise provided herein, their personal representatives and successors and assi~,
There are no third-party beneficiaries to this Agreement.
City C~at~r Park
Final Al~,~-mem, Fcbrua~ g, 2003
Integrated Agrecment; Modifica~om This A~ement conm~u~ all the agreements of the
pan'les hereto relating W thc subject m~er addressed herein, and cannot be amended or
modified except by a wr/tten agreement mutually executed between each of the parties
hereto.
Non-waiver of Rights. The omission by either party at any thne to enforce any default or
right reserved to it, or to require performance of any of the terms, covenants, or
provisions hereof by the other party at the time desi~ated, shall n°t be a waiver of any
such default or right to which the party is entitled, nor shall it in any way affect the right
of the party to enforce such provisions thereafter.
Entire Agreement; Conslruction and Interprelation of Agreement.
The parties intend that tiffs Agreement (including all of the attached exhibits,
which are made a part of this Agreement) shall be the final expression of their
agreement with respect to the subject matter hereof and may not be contradicted
by evidence of any prior or contemporaneous written or oral agreements or
Should any provisions or portions of this Agreement be held unenforceable or
invalid, the remaining provisions and portions shall be unaffected by such
holdings.
The subject headings of the paragraph~ of this Agreement are for convenience
only and shall not affect the construction or interpretation of any of its provisions.
Thc parties hm~to ai~ec to execute such further instruments and to take such
further actions as may be reasonably required to carry out the intent of this
A~reement.
This Agreement may be executed in two or more counterpm'ts, each of which
shall be deemed original, but all of which t~ken together shal! comtlVate one and
the same instrument.
(f)
If more than one per~n executes this Agreement on behalf of "Artist", the
oblig~ions and liabilities of each such person shall be joint and several as to all
obligations and liabilities of Ax'd~ hereunder.
For purposes of this Agreement, reasonable attorney's fees and legal costs and
charges of CITY's Cb Attorney Office shall be based on fees regularly charged
by private attorneys in the CITY with an equivalent level of expertise and
practicing in law firms with approximately the same number of attorneys as the
City Attorney's Office.
tip/C~er P~rk
Fil~l Agr~mem. Febnml2t 8, 2003
Ps~ 1 A of 9~
EXHIRIT A
SCOPE OF WORK
3.2
IN TENT OF AGREEMENT
Thc intent ofth~ Agreement is to define thc work to be done in completing the schematic
design, fina! design, fabricating, transporting and installing an Art work for the City
Center Park, as described in the Proposal, included here as EXHIBIT B.
DESCRIPTION OF ART WORK
In sununasy, the Art work, "Perspectives', will be a fixed sculpture made of a stainless
steel triangular hollow robe appwxlmately 12 inches in section, wrapping in a figure 8
reachin~ about 20 feet in height from its anchor point on the ground.
SCOPE OF WORK
The Artist will be responsible for (a) providing the CITY with the final design and
installation measurements, Co) fabricating, transporting and installing, (c) consulting on
the Art Work and (d) providing reports, documentation and description of maintenance
Consultation. Consult with and meet with the Project Manager as needed to 'coordinate
the work of final design and fabrication with the Building Construction plans and
schedules.
Fabrication by Subcontractor. Provide the CITY with the name, addre~ and telephone
number of each subcontractor prior to the Artist beginn;ng any work under this
Agreement. Provide a description of the work to be performed and the amount of the
subcontract and written copies of the agreements with each.
3.3
Suppliers. Provide thc CITY vfith the name, address and telephone number of suppliers
whose total invoices are expected to exceed $1,000 prior to be~nning work under this
Agreement.
3.4
Final Design. Submit the Final Design for approval by the CITY. Ail plans must be
approved and bare the signature of an appropriate licensed design professional whenever
necessary as required by the City's adopted California Building Code. The Final Design
shall include, but not be limiRgt to:
1. Complete budget breakdown
2. Upi,ted photo montage or model of Art work
3. Specifications for the artwork components
4. Revised drawings of all components and elements of art work
5. S~'ucturaVengineering drawings
City Cemer Pm'k
Final Ag~ancm, Febms~y ~, ~003
7-,,7 5
IN ~ITNESS Vgl:tEREOF, the parties h~r~to have cx~cuted this Agre~ncnt on the day and
year indicated below, effective as of the day ~e City M~ager executes the Agre~n~
of the CITY.
APPROVED AS TO
Charles Kilian, City Attorney
CITY OF CUPERTINO
Dave Knapp, City Manager
ARTIST
Roger Berry
~a~o~v !0i 2_o0
o~
City Center P~k
Final Agre~me~ Febrtm'y 8, 2OO3
P~ 17 nf '~'~
Ul~-t~d bids on fabrication and materials
Specific~ation~ for site conditions recluir~d prior to delivery of art work
Samples of materials
Evicl~ce of Worker's Compensation Insurance and Insurance Again~ Loss as
rextuired in Section 15.1.
Fabrication. Fabricate the work in conformity with the specifications set forth in
EXHIBIT B and the Final Design and as approved by the Project Manager. The work
shall not deviate in size, design, or material from these specifications unless the change is
approved by the CITY. Provide access to the Project ManaE~r to review the fabrication
in progress and to approve the Art work as fabricated, prior to delivery of thc 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
coordinate the delivery and installation of the A~ work. Review and approve the site
conditions prior to the delivery and installaiion. D~liver and Install the Art work or
consult with the General Coniractor on the installation of the Art work.
Documentation and Maintenan~ Plan. Artist is to provide to the CITY Contact:
A written rapon including complete information regarding the intent of the Art
work, the scale, materials, and processes used in the fabrication and installation of
the work to the CITY for its registrmion files.
WriiIen specifications and recomme~datlons for maintenance of the Art work and
Two (2) complete sets of 35 mm. Color Ixanaparencies and 8x10" black and white
photographs and negatives for pwgram and archival purposes.
An informational atlribution plaque approximately 5xT'~ which identifies the
srtwork sad acknowledges the City of Capertiao sad the other faading
sources. The text for the plaque, which meets Americans with Disabilities
(ADA) standards, will be approved by the CITY. Arlist shall be r~sponsible for
in.smiling this plaque at a location approved by the CITY.
CRy C~n~r Park
Final Agx~cmcnt, Fcbruary 8, 2003
q 7
EXHIBIT B
PROPOSAL
GENERAL SPECIFICATIONS
The following images generally indicate thc shape and size of thc sculpture. Thc proportions of
thc image change wi~ the changing of the view point. From one vantage point, the sculpture
appears to be a large open box or square resting on one comer.
From another vantage point, the sculptur: appears to be a large figure 8.
City Cch= Park
Roger Beny Artist
Final Agreement, Febt~'y 8, 2003
~ae previous two images were produced by computer,, but th next tmag ;s a photo~ph ora
model representing the scale, the steel materials mtd finishes.
City Ccat~r Pa~k
Final Agreement, February 8, 2003
Thc sculpture consists of a continuous welded hollow stainless stol tri gular tube,
approximately 12 inches in section. Upon completion of the fabrication process, the various
sections will be welded together and tbeir joints ground smooth to give the appearance ora
continuous form.
The bottom portion of thc tube wig be treated differently to the extent that its wall thickness will
be greater than the top to prevent unwanted vibration Ixavellng to the upper portion of the tube.
The bottom portion of the tube may also have a dampening material such as grout poured into it.
The edges forming the triangie section will be crisp and smooth but rounded to prevent injury.,
especially at the lower levels where people might normally come in contact with it.
The sculpture will be securely ~mchored to the ground and the anchoring hardware will be
covered by paving material found elsewher~ in the p~k. This will provide the desired
appeanmce flint the sculpture is re.nE on the paved surface and also prevent unauthorized
access to the anchor bolts.
The anchoring system will be designed by a licensed structural engineer who will take into
account the lateral forces of seismic events in this location.
city C~n~-r Park
Final Agr~m~m~, F¢lmmry 8, 2003
COMPENSATION
Contract Amount: $143,788
Payment Schedule:
Payment #1:
Purpose:
Submittals:
Approvals:
Advance on completion of schematic design.
Mutual execution of the Agreement.
City Council authorized City Manager to negotiate and execute Agreement on
September 16, 2002.
Payment #2:
Purpo~:
Submittals:
Approvals:
S71,894.00
Completion of schematic design and working drawings, advance on fabrication of
Sch~tic design; Evidence of Insurance Agnin~ Loss as required in Paragraph
16.1; Fabrication schedule for work to bc done by Artist and his subcontractors;
Copies of agreements between the Artist and his subcontractors and suppliers;
Invoice for down payment on cost of materials.
Project Manager approval of Schematic Design; approval of evidence of
insurance and payment.
Payment #3:
Submittals:
Approvals:
$35,974.00
Completion of fabrication.
Evidence of General Liability Insuxance and Automobile Liability Insurance az
required in Paragraph 16.1; Artist's receipts from his subcon~ and suppliers
for work done relative to the project to date, or letters or other documentation
from each stating that each ia being paid in a timely manner; Invoice for interim
payment accompanied with copies of receipts for project expenses.
Project Manager approval of Ax~work az fabricated and ready for delivery; CITY
approval of insurance and payments to date.
Payment ~4:
Submittals:
Approvals:
$14,352.00
Completion of all work.
Installed Art work and plaque; Artist's reports, maintanance plann 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 or other documentation ~howing that each has been paid in full; lien
relents from all subcontractors and Invoice for final payment.
Project Manger approval of the installed Art work ~ completion of all terms
and conditions of Agr~emenL
City Cc-m~r Park
Fil~l ~ F~qmmry 8, 2003
Pno~ 9~ of 9'4
PUBLIC ART SELECTION POLICY AND PROCEDURE
Oc? oo3
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, ff consensus is not possible, simple
majority vote shall prevail. The Art Se, lection Panel is required to submit ~
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 tl~e 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 art
work shall be examined for convincing evidence of the artist's ability
to successfully complete the art work as proposed.
7'33
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:
B.
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
Futura 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.
-7'5q
D. Art Selection Panel:
1. Makes recommendation to the Arts Commission on the following:
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.
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. Attorney:
Legal issues (to Council).
2. 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 ArtL~rt Selec Policy.wpd
PUBLIC ART POLICY & PROCEDURE
Regarding Appointment of Panel
Public Art Subcommittee
Arts Commission
Town Council
Regarding Selection of Art Art Selection Panel
Arts Commission
Town Council
(Holds public hearing to consider
acceptance of art work)
Resolution 1992-78
5-18-92
csd09:A:\Cnclrpts\Policy. Art
"/'3¢
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
exemise 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\Public Art\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
RECEIPT FOR LOAN OF .RT
(TO BE SIGNED AT THE TIME OF
INSTALLATION)
ARTIST:
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
A~eement.
Date:
Date:
Artist
Authorized Town Representative
RECEIPT FOR RETURN OF ART
Artist has received the artwork listed above from the Town in good condition.
Date:
Date:
Artist
Authorized Town Representative
N:\CSD\Public Art\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: "Ia*GE EL~C"rRON~C"
Location Euohrat Museum of Art/ATC
Date Delivered
Date Returned
TITLE OF WORK ARTIST DATE 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 BORROWER.
BORROWER: by
Date
LENDER: By
Date
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 lot 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 o! 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 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.
3) 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 lor said item(s) shall be excess insurance only.
4) INSURABLE VALUE. Tl~e 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.
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-~
73 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: By. Date
CONDITIONS AND TERMS OF LOAN AGREEMENT
1) REPRODUCTION. LENDER hereby gives the bormwerthe right to photograph or otherwise record the described
item(s) in any medium for purposes of record, catalog reproduction, education, or publicity and the dght 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 Dollam ($ 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 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.
3) 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.
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 lor 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.
5) In the event of damage, the BORROWER reserves the r'~ht to have an appraisal of restoration costs by one or
two independent professional conser, rators 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 autherity to act as the agent for the owner in connection
with the loan hereby made.
7} The work shall remain in the possession o! 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 withdrawn from such exhibition at
any time by the Director or the Trustees of the BORROWER and/or any of the participating institutions.
8) 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.
9) When the ican is returned, the LENDER ~ed,~nd
Commission of Art Work
AGREEMENT
BY AND BETWEEN THE FOOTHILL-DE ANZA COMMUNITY
COIJ.I~GE DISTRICT AND , FOR THE
CRF~TION 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
~, , (hereinafter "artist") has the
specialized skill in engineering matters and unique artistic talent to
design and construct the art work needed by the District; and
WHEREAS, the District £mds and determines that the hiring of artist
and paying for the art work are exempt from the bid requirements
pursuant to Government Code section 53060;
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
ms , 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 work. 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 form of which is attached hereto
as exhibit B. District and artist shall cooperate with each other in
good faith in order to have the work instafled 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, construction,
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 personnd regarding the proper maintenance, operation, repair
and adjustment of the work. During the warranty period, ff 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 immediately 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. Continuing Maintenance Obligation. After the
warranty period, artist shall continue to make all necessary
7 q3
or replacements, as requested by District on the following mt'ms:
(a) District shall reimburse artist for actual cost for materials
and equipment used in the requested correction, repair or
replacement;,
(b) District shag 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, arOst shall and hereby does assign ag 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. Termination. 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 termination shag 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 take
reasonable steps to correct or cure. ff artist does successfully correct
or cure within said period of time, District's notice of tet~J-~ination
shall be withdrawn. This agreement may be terminated by artist
upon reasonable written not2ce, return of consideration paid and
complete mitigation of any damages to District property caused by
artist's efforts to that point.
10. Non-Assignment. 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 D~sputes. 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 termination 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 shah 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
ali 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. Indemnity 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. Ail 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:
FOOTHll I .-DE ANZA
COMMUNrFY COII.IqGE
DISTRICT
By:
Dr. Martha Kanter,
President De Anza
College
Dated:.
Artist