RESOLUTION NO. 05- 040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADOPTING GUIDELINES FOR THE SELECTION OF PUBLIC ART
WHEREAS, the City Council hasexpressedits support for public art in the community; and
WHEREAS, the City has acquired public art through direct purchaseor commission, as well as in the form of a gift or loan; and
WHEREAS, the City Council wishes to have consistent guidelines for the acquisition, placement, and documentation of future acquisitions.
NOW, THEREFORE, BE IT RESOLVED:
1. That the General Guidelines for the Selection of Public Art are adopted; and
2. Staff and Council members are directed to refer to these guidelines when purchasingandcommissioningpublic art, or whenacceptingloansandgifts of public art.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino on the 1stday of March 2005, by the following vote:
Vote Members of the City Council
AYES: Kwok, Lowenthal, Sandoval, Wang, James
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
s/ Kimberly Smith s/ Patrick Kwok
City Clerk Mayor, City of Cupertino
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CITYOF
PERJ'INO
City of Cupertino Public Art Program
Guidelines for Selection of Public Art
Prepared by the Cupertino Fine Arts Commission
Adopted by City Council on March 1 , 2005
Resolution No. 05- 040
City of Cupertino Public Art Program
General Guidelines for Selection of Public Art
Purpose 3
Scope 3
Goals 3
Guidelines 4
Consultants 4
Criteria and Conditions for Selection of Art Work 4
Acquisition Procedures 5
Gifts 6
Title 6
Copyright 6
Placement and Exhibition 7
Access 7
Preservation and Maintenance 7
Documentation 7
Insurance 8
Deaccessioning Works of Art 8
Gift Receipt 9
Bill of Sale 10
Art Exhibition Agreement 11
Right of Entry and Indemnification Agreement 12
Catalogue of Art and Sculpture 14
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City of Cupertino Public Art Program
General Guidelines for Selection of Art
Purpose
The City of Cupertino Fine Arts Commission desires to create an artistic visual identity for the city by placing artworks in various locations.
The purpose of this public art policy is to provide a process through which the city can accept art work, including loans or gifts of public art. The policy also provides guidance to the city and the Arts Commission for purchasing existing art work and for commissioning artists to createnew art work for the city.
Scope
This public art policy applies to the installation of all art work, including that which is loaned to the city for more than three months, donated, purchased, or commissioned by the City of Cupertino for public display. Public art exhibitions under three months' duration are facilitated by the Commission.
Additional people may be chosenby the Commission to form an ad hoc committee to aid in the selection of art for the city, including:
A. A member of the Fine Arts Commission
B. A member of a city commission from the areaaffected (parks, library, etc.) C. A professional in the field of arts, which may include a professional artist, art administrator, museum professional, architect, etc.
D. A person from the community at large
Goals
A. To develop the criteria for selecting public works of art by developing policies and setting clear guidelines and objectives
B. To acquire art for the City of Cupertino' s temporary and permanentcollection of both sited and portable art works, through purchase, competition, loan, donation, and commission
C. To identify possible funding sources
D. To identify potential outdoor siteson public lands and inside public buildings that are appropriate for placing completed artworks
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Guidelines
The following areguidelines for selecting artists and public art works:
A. A wide variety of visual media and materials will be considered B. Materials used should require minimum maintenance and be maximally resistant to vandalism
C. Environmental and public liability concernswill be consideredin the selection of art D. The selection of artists will not be restricted by age, gender, or ethnic background E. The artist should have proven ability and experiencein designing, producing, managing and installing art work, including large-scalepublic art work, if necessary F. When public funds areused, membersof the community surrounding the location of thefutureartwork maybeinvited to apublic forum to discusstheartprojectin orderto foster community appreciation of the art piece
G. A timeline shall be developed to coordinate and educate parties involved in the project and to structure an overall plan for its completion.
Consultants
It may be desirable to involve the selectedartist and/or a public art consultant to work with a project design team at the conceptual phase of architectural planning in order to integrate the art work into the site. If an artist hasnot yet been selected, a consultant may be askedto 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, landscapearchitect, engineers, attorney, community), and to manage the fabrication and/ or installation of the art work.
The consultant will be selectedby the Cupertino City Council upon the recommendation of the Fine Arts Commission, and in conjunction with other affected commissions as needed.
Criteria and Conditions for Selection of Art Work
A. Thecity shallmaintainaresponsiblecollection, maintenance, andde-accessionpolicy and procedure for art works that are accepted as part of the city' s Public Art Program.
B. No acquisition shall be accepted without approval by the City Council. The City of Cupertino may refuse a gift of art for any reason, and in particular if the city cannot provide for the storage, protection, and preservation of the work under suitable conditions, or if the art work does not meet the selection criteria of this document. 4-
C. Acceptanceof art work shall be confirmed by meansof an agreementbetween the donor or artist and the city, including art work that is loaned for a defined period of time with the lender retaining title to the art work
D. The following criteria shall be usedin determining whether an art work is acceptable:
1. Aesthetics: It is deemedto be an art work of lasting aestheticvalue that enhancesthe city' s cultural environment by being receptive, respectful, and stimulating, and it contributes to the comprehensive record of visual arts for the community.
2. Quality: There is an inherent quality in the art work itself( i.e. the City of Cupertino shall not necessarily accept art work basedsolely on the artist's overall reputation)
3. Style: An art work shall be compatible in scale, materials, form, and content with its surroundings
4. Permanence: Consideration shall be given to structural and/ or surface soundness, resistance to theft, vandalism, weathering, and maintenance and repair costs
5. Public Liability: Each art work shall be examined and approved for safety conditions and factors which may bear upon public liability
6. Variety: The overall Public Art Program shall consider variety in style, scale, and materials
7. Technical Feasibility: ( For purchases or commissions) Each proposed art work shall be examined for convincing evidence of the artist' s ability to successfully complete the art work as proposed
8. 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 city' s discretion)
E. The city shall make no promises to exhibit art work permanently or to maintain art work asthe property of the city in perpetuity.
Acquisition Procedures
All potential acquisitions, whether gifts, donations, purchases, commissions, or loans of art to theCity of Cupertinomustbereviewedby theFineArts Commissionandapprovedby the City Council or its designee.
Worksof artmaynotbe acceptedif thecity cannotprovidefor thedisplay, 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. 5-
Methods of acquisition shall include the following:
Direct purchase
Direct commission
Gift or Donation
Temporary Loan
Permanent Loan
Competition
Temporary Exhibit
Gifts
All items acceptedas gifts by the City of Cupertino will becomethe exclusive and absolute propertyof theCity of Cupertinoandmaybe displayed, loaned, retainedor disposedof in the best interests of the City of Cupertino.
TheCity of Cupertinowill not, andshallnot berequiredto carryanyinsuranceagainstlossor destruction of or damageto suchitem. The City of Cupertino will not be required to exercise greaterprecautions for the careand the safety of such objects than it exerciseswith respectto its own property of same or similar nature.
If theCity of Cupertinodecidesnotto accepttheitem andsonotifiestheowner, theownerhas sixty( 60) daysfrom thedateof notificationto reclaimtheitem. If theitem is not reclaimed, the Cityof Cupertinoshallhavetherightto disposeof suchpropertyin anymannerit maychoose, or to place it in storage at the owner' s risk and expense.
TheCity of Cupertinomayrequireawritten orderfrom theowner (or his duly authorizedagent or legal representative) before it returns the item described in the agreement.
See sample Gift Receipt on Page 9)
Title
Title to the works of art acquired for the permanent collection shall be transferred to the city of Cupertino. A contractbetweenthecity andartistor agentwill beenteredfor loanedart.
Copyright
Works of art acquired through the acquisition process described above shall require a copyright agreement with the artist prior to acquisition, so that the city can make arrangements to use reproductionsof thework for publicity andprofessionalpurposes, without infringing on the artist' s copyright. Institutions or individuals interestedin 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.
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Placement and Exhibition
To ensure excellence in the work' s physical embodiment of the principles of design, the involvement of an art professional in aestheticdecision-making is desirable. Sited works will be appropriate to the location, i.e. be proportionate in size and be appropriate for the setting. When making a recommendation to the City Council, the Fine Arts Commission shall take into consideration the site map of proposed city locations for artwork. Sited works may reflect the history and culture of the area.
The following factors will be consideredprior to placing art works:
Visibility
Lighting
Public safety
Traffic patterns ( interior, exterior, pedestrian and auto) Relationship to existing art work, architecture, and natural featuresin the vicinity Future development plans for the area
See sample agreements on Page 11- 13)
Access
Works of art from the city collection shall be on public view in locations accessibleto members of the public during regular businesshours, unlessother arrangementsare agreed upon between the artist and the city.
Preservation and Maintenance
The Fine Arts Commission will conduct regular inspections and inventory all items in the collection to determine their condition and location, in order to identify any needed maintenance or restoration.
Documentation
The Fine Arts Commission, with the assistanceof the staff liaison, will develop and maintain the archives andrecords of the city' s collection ( seesampleCatalogue Form on Page 12) Information provided by the artist shall include:
Photographsof work providedby theartist (preferablybothdigital andfilm) Written description of work provided by the artist
Care and maintenance recommended by the artist
Condition of the artwork when received and upon regular inspection Financial appraisal of the art work provided by the artist Location and date of installation
A record of the purchase price and all correspondence pertaining to the artwork and its acquisition
Artist' s biography
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Information maintained by the city shall include:
An electronic catalogue entry of each object in the collection, ( see sample Catalogue Form in appendix)
All correspondence between the artist and the city
Insurance
Works of art that are on loan or temporary exhibit are insured as set forth in the contract with the artist or agent. The contract shall provide a full description of the art work, and insurance coverage shall include installation and removal of the art work as well as the period of time when it is to be on loan or exhibit.
Deaccessioning Works of Art
Works of art that arethe property of the City of Cupertino shall be deaccessionedor removed following procedures pursuant to Civil Code 980 et seq.
This Civil Code includes Section 985, " Sale of Fine Art", which provides that the artist is due 5% of any proceeds if the art work is sold, and Section 987, " Protection of Fine Art,", which protects artwork from destruction or alteration, and extends the legal rights of protection to the artist' s heirs or beneficiaries for 50 years after the artist' s death.
Fundsreceivedby theCity from thepublic saleof artworksfrom thecollectionshallbe directed back to the purchase of works of art for the collection, or for the conservation of objects in the collection.
See sample Bill of Sale on page 10)
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CITY OF CITY OF CUPERTINO
CUPEkTINO Gift Receipt
Possession of the art work listed on the face of this receipt is accepted by the City of Cupertino subject to the following conditions:
1. All art work acceptedby the City of Cupertino will becomethe exclusive and absolute property of the City of Cupertino and may be displayed, retained, destroyedor disposed of in the best interests of the City of Cupertino.
2. The City of Cupertino will not, and shall not be required to carry any insurance against loss or destruction of or damageto such item. The City of Cupertino will not be required to exercisegreater precautions for the careand the safety of such art work than it exercises with respect to its own property of same or similar nature.
3. The undersigned, herein called " Donor," hereby assigns, transfers and gives to the City of Cupertino, herein called " City," its successors and assignees, the rights to the art work described as follows: ( Please provide all pertinent information in block letters) Title Artist' s name( s)
Materials/ media Donor' s estimated value
Dimensions Weight
4. The gift is madeby Donor unconditionally and without the reservation of any right, claims or interest in the above describedpersonal 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 it to City. Donor hereby releasesCity from all liability with respectto anylossor damagesto theartworkreferredto in this agreement. Donoragrees that City shall not cover such artwork with insurance.
I have read and understand the conditions of the Gift Receipt.
DATE: DONOR SIGNATURE:
TheCity of Cupertinoacknowledgesreceiptof your offer to givetheCity of Cupertinotheitem described on this page. Formal notification of action on this offered gift will come after the regular meeting of the Cupertino City Council.
DATE: CITY MANAGER SIGNATURE
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s •
CITY OF
CUPEkTINO CITY OF CUPERTINO
Bill of Sale
In consideration of the receipt of the sum of the receipt of which is hereby acknowledged, the undersigned
residing at address: in the City of
County of State of California, hereby sells, assigns and transfers to residing at address],
in the City of State of California, the following attached insert description of art],
entitled "
Dated
Signature
Acknowledgement]
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CITYOF CITY OF CUPERTINO
I JPERJINO Art Exhibition Agreement
Artist) hereby deposits and loans the artwork described on the attached Receipt to the City of Cupertino for exhibition in for the period from to on the following terms and conditions:
Standard of Care: Unless otherwise agreedto by the Artist, the City will exercise the samecare with respect to the art referred to on the Receipt for Loan of Art( the" art") as it does in the safekeeping of comparable property of its own.
Photography and Documentation: Unless the City is notified in writing to the contrary, the work( s) may be photographed and reproduced for City' s private purposes. The City assumesthe right, unless specifically denied by the Artist, to examine the work( s) by all modern photographic meansavailable, and it is understood and agreed that information thus gathered will remain confidential and will not be published without the written consent of the Artist. Artist also recognizes and understands that the exhibition will occur in a public place where public mee': ings and events will occur that are subject to photographyandothervideorecordingasamatterof law, andArtist expresslypermitsincidental photography or other video recording under such circumstances.
Return of Artwork: Art works acceptedby the City on lean will not be returned to anyone other than the Artist except upon receipt of written order from the Artist or Artist' s duly authorized agentor legal representative. The Artist shall not remove any of the artwork from the exhibition location during the specified loan period without the written consent of the City. In the caseof death or incapacity of the Artist, the legal representativeof the Artist is requestedto notify the City as soon aspossible, giving his or her full name and address in writing.
TheCitymayrequestthereturntotheArtistof anypropertydepositedwithit bywrittennoticedirected to theArtist. If theCity, aftermakingreasonableeffortsandthroughno fault of its own, shallbeunable to returntheart within thirty( 30) daysof suchnotice,thentheCity shallhavetheabsoluteright to place the art in storage and to charge removal fees and costs. ][ f, after six( 6) months, the art has not been reclaimed, then in consideration for its storage and its efforts to safeguardthe artwork during such period, the work( s) shall be deemed an unrestricted gift to the City.
Even if the Artist does not remove the artwork on the date requested or on the date provided by this Agreement, whicheveris earlier, theCity mayproceedto removetheart work from exhibition andinstall a different exhibition or store the Artist' s artwork as provided in the previous paragraph.
Limit of Liability. Artist agreesandunderstandsthatArtist hasdesignatedtheArtist' s signedpriceof each artwork item in the Receipt attached to this Loan Agreement and further agrees and understands that in noeventshalltheCitybeliabletotheArtistforanyamountin excessof theitemizedsignedpricefor anydamagethatmayoccurto anyoftheitemsof art. Byacceptingtheartworkonloan, it isnotimplied in anywaythattheCityhasacceptedthesignedpriceastheactualvalueof theartwork,butonlythatthis establishesthe maximum liability of the City in exhibiting or storing the artwork.
The undersigned understands and accepts this agreement.
Artist Signature: Date:
Address: Phone:
Email: Fax:
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CLJ CITY OF CUPERTINO
CITY OF
Right of Entry and Indemnification AgreementUPE( TINO for Publicly Displayed Artwork This Right Entry and Indemnification Agreement (" Agreement") is made and entered into this day of 2 , by andbetween the CITY OF CUPERTINO, a municipal corporation of the State of California(" City") and__ Exhibitor").
RECITALS
WHEREAS, City wishes to encourageactivities designedto enhancethe aestheticsof the City of Cupertino; and
WHEREAS, City is the owner of certain property located at in the City of Cupertino, County of Santa Clara(" the Premises"); and WHEREAS, Exhibitor desires to erect a piece of an on a portion of the Premises for the period of to
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION 1. City grants to Exhibitor permission to enterupon that portion of the Premises outlined in red on Exhibit A, attached hereto, for the purpose of erecting a piece of art entitled The installation of the piece of art shall be at the sole cost and expense of Exhibitor, and suchcosts shall include any City permit and other fees, which Exhibitor shall pay on demand to City.
SECTION 2. The right of entry granted herein shall be effective as of and shall terminate on
SECTION 3. The piece of art shall be maintained by Exhibitor at all times in a safe, neat, and goodphysicalcondition. City shallbethesolejudgeof thequality of maintenance. If City is not satisfied with the maintenance by Exhibitor, Exhibitor, upon receipt of written notice submitted by the City through its City Manager which statesin general terms the manner of required maintenance, shall perform the required maintenance.
SECTION 4. Upon the expiration or earlier termination of this Agreement, Exhibitor, at his sole cost and expense, agreesto immediately remove the piece of art from that portion of the Premises and restore the site of the sculpture on the Premises to its original condition. If the Exhibitor fails to exercisehis duties under this Section, City shall have the right to remove the piece of art, store it, and restore the Premises at no cost or liability to City. Exhibitor covenants and agrees to reimburse City for any removal, storage, and/ or restoration costs and expenses.
SECTION 5. The parties agreethat City shall in no way be responsible for any loss of or damage (includingdefacement) to thepieceof artor for anypropertybelongingto or rentedby Exhibitor, its officers, servants, agents, or employees that may be stolen, destroyed or in any way damagedduring the erection or maintenanceof the piece of art at the site on the Premises. 12-
SECTION 6. Exhibitor agreesto indemnify, defend andhold harmlessthe City, its officers, agents, servantsand employees against any claims or suits for loss or damageto personal property and damageor injury, including death, to any personor persons, arising out of or in connection with the existence, maintenance, use, or location of the piece of art on the Premises, whether or not caused, in whole or in part, by the alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of Exhibitor or City. Exhibitor agrees to assume all liability and responsibility of City, its officers, agents, servants and employees for those suits or claims. Exhibitor agrees to indemnify City for any injury or damage to the Premises, whether arising out of or in connection with any acts or omissions of Exhibitor or his officers, agents, employees, contractors, subcontractors, licensees, or invitees or caused in whole or in part by the alleged negligence of City' s officers, agents, servants, employees, contractors, subcontractors, licensees, or invitees.
SECTION 7. Exhibitors shall obtain and maintain until completion and acceptance of the work requiredby this Agreementat leastall of theminimum insurancerequirementsrequiredby the City' s Risk Manager asspecified in Exhibit B, attachedhereto, prior to installation of the piece of art. Exhibitor understands and agrees that such insurance amounts may be revised or waived at anytime atCity' soption, andExhibitor agreesto complywith andprovideanyinsurance revisions requestedby City within five ( 5) days following receipt of notice of those requirements by Exhibitor.
SECTION 8. This Agreement is personal to Exhibitor and is not assignable, and any attempted assignment of this Agreement shall terminate the privileges granted to Exhibitor under this Agreement.
SECTION 9. Exhibitor agreesthat if any action, whether real or asserted, at law or in equity, is brought under this Agreement, venue for that action shall lie in the County of Santa Clara, California.
SECTION 10. City and its agentsand employees, at all times during the installation and erection of the piece of art, shall have the right of entry and free access to the sculpture site and the right to inspect all work done, labor performed and materials furnished in and about the sculpture site and to inspect all aspects of the installation of the sculpture.
WITNESS THE EXECUTION HEREOF the day and year first herein above written.
APPROVED AS TO FORM: CITY OF CUPERTINO, a municipal Corporation
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s
City of Cupertinonnw Y p
CITY of Catalogue of Art and Sculpture
CUPERJINO
Description
Title:
Subject Matter&
Description:
Date of Artwork:
Dimensions:
Materials &
Condition:
Location( s):
Artist
Name:
Address:
Telephone: Fax:
Email: Website:
Notes:
Acquisition
Date:
Indicate method of acquisition:
Direct purchase
Direct commission
Gift or donation
Temporary loan/ exhibit
Permanent loan
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Purchase price, if applicable:
Value ( with date of appraisal, if applicable):
City of Cupertino ID number
Owner
Name:
Address:
Telephone: Fax:
Email: Website:
Notes:
Copyright Status
Maintenance
Recommended care and maintenance, and any special services or supplies necessary.
Condition ( indicate the date the art was last inspected):
Images
Attach photographs and/ or digital images