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CC Resolution No. 02-172RESOLUTION NO. 02-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT BETWEEN THE CITY AND ROGER BERRY FOR DESIGN, FABRICATION AND INSTALLATION OF A PIECE OF PUBLIC ART AT CITY CENTER PARK FOR A FEE NOT TO EXCEED $143,788 WHEREAS, on May 20, 2002, the City of Cupertino approved a concept proposed by Artist Roger Berry for a sculpture to be located at City Center Plaza on the southeast comer of Stevens Creek Boulevard and De Anza Boulevard; and WHEREAS, on June 27, 2002, the City Council adopted the Fiscal Year 2002/03 Capital Improvement Projects which included $150,000 for the design and fabrication of a sculpture for City Center Plaza; and WHEREAS, staff has negotiated a fee with Roger Berry in the amount of $143,788 for design, fabrication, and installation of a piece of public art, a sculpture entitled "Perspectives" for City Center Plaza; and WHEREAS, the provisions, terms, and conditions of the aforementioned agreement have been reviewed and approved by the City Attorney and the City Manager. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves the aforementioned agreement and authorizes the City Manager to negotiate and 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 16th day of September, 2002, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Lowenthal, Chang, James, Kwok, Sandoval None None None ATTEST: City Clerk