CC Resolution No. 8853
RESOLUTION NO. 8853
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AUTHORIZING EXECUTION OF AGREEMENT
WITH T. SCOTT SAYRE FOR SISTER CITY GIFT
WHEREAS, there has been presented to the City Council a proposed agreement
between T. Scott Sayre and the City of Cupertino providing for commission of a painting
for a sister city gift for the 15th anniversary of the relationship with Toyokawa, Japan;
and
WHEREAS, the provisions, terms and conditions of said agreement have been
reviewed and approved by the City Manager and the City Attorney;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby approves the aforementioned agreement and authorizes the City
Manager and the City Clerk to execute said agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 6th day of ADdl ,1993, by the following vote:
Vote Members 2f!h£Qtt. Council
AYES:
Dean, Goldman, Koppel, Sorensen, Szabo
NOES: None
ABSENT: None
ABSTAIN:: None
ATTEST:
APPROVED:
/s/ Dorothy C.ornpl il1~
City Clerk
/ s f ) ~iCk Szabo
L{(/~ ~~
Mayor, City of Cupertino
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AGREEMENT FOR COMMISSION OF PAINTING
FOR SISTER CITY GIFT
This Agreement is made an entered into this 6th day of April
, 1993,
by and between the City of Cupertino, California, a municipal corporation of the State of
California (hereinafter referred to as "City") and T. Scott Sayre (hereinafter referred to as
"Artist") whose address is P. O. Box 430, Clayton, CA 94517.
RECITALS
A City wishes to present a gift to the City of Toyokawa in honor of 15th
Anniversary as Sister Cities by commissioning a painting which depicts Cupertino; and
B. Artist has submitted to City a proposal and sketches reflecting the
completed painting which has been approved by City; and
C. Artist is willing to execute and transfer full title to such a completed
painting to City, and City is willing to purchase such a completed painting from Artist.
NOW, THEREFORE, in consideration of the foregoing promises and mutual
covenants hereinafter set forth and other valuable consideration, the parties agree as
follows:
1. PaintiDll: Artist agrees to create the 30" x 40" oil on canvas entitled "The
New Page" as proposed by Artist and commissioned by City. The City shall be
responsible for matting and ftarning.
2. Duties: Artist agrees to provide any and all services necessary for the
completion of the painting, including but not limited to all labor, materials and equipment
necessary for the creation and transportation of the painting (a felt-lined, hardwood crate).
3. :Is:I:m: Artist shall complete work on or before June 1, 1993. The date of
completion shall not be extended except upon written authorization as granted by the City
Manager's office. In the event that Artist fails to complete the painting within the time
specified herein, City shall have the right to rescind this agreement.
4. Comoeosation: As compensation for all services to be perfonned under
this agreement, City shall pay to Artist the total sum of $1 ,500 payable upon completion.
5. Relationship of Parties: The parties intend that Artist, in perfonning the
specified services, shall act as an independent contractor and shall have control of his
work and the manner in which it is perfonned. Artist is not to be considered an agent or
employee of City, and all work shall be perfonned at Artist's risk.
6. Non-AssillDabilitv: No rights created in Artist and for Artist's benefit
under this agreement shall be assignable and any attempted assignment of this agreement
shall tenninate the rights granted to Artist under this agreement, except that nothing
contained herein shall be construed as a limitation on Artist's rights under any copyright
laws to which the painting may be subject.
7. KiShi to Reoroduce Paintinil for Non-Profit Interests: Artist grants to
City the exclusive right to photograph, copy, duplicate, reproduce or otherwise depict the
painting, and the exclusive right to distribute such depiction provided that such
distribution shall be made only to non-profit entities with no profit being made by or from
the depiction and further provided that any such depiction shall bear the Artist's name and
the title of the painting. Artist shall have artistic control over the final depiction and shall
not unreasonably refuse his final consent to the depiction. Artist represents and warrants
that the rights granted herein may be exercised by City without violation of any law
including copyright law or laws pertaining to the right of privacy, and without infiinging in
any way whatsoever the rights of any person, finn, or corporation.
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8. Attornev's Fees: In the event that either party shall hereafter bring any
action upon any default in perfonnance of this agreement, the prevailing party shall
recover reasonable attorney's fees in addition to any other remedies which may be
available.
9. Written Amendment: This agreement shall constitute the entire
agreement between Artist and City with respect to the painting and shall not be subject to
amendment, modification, or tennination, except in writing signed by the parties hereto.
WITNESS THE EXECUTION HEREOF the day and year first above written.
APPROVED AS TO FORM:
CITY OF CUPERTINO, a
Municipal Corporation
~R ~5Aar
Char Kilian
Cl~::sls-MCity Attorney
By:
Donald D. Brown
City Manager
By: T. Scott Sayre, Artist
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