1 AGREEMENT FOR COMMISSION OF ARTWORK FOR DISPLAY IN A PUBLIC PLACE
THIS AGREEMENT FOR COMMISSION OF ARTWORK FOR DISPLAY IN A PUBLIC PLACE ( this “Agreement”) is made and entered into this 1st day of September, 2026 (the Effective Date”), by and between the City of Redondo Beach, California, a chartered municipal corporation (the “City”), and Deborah Collette and Patrice Linnett (collectively, the Artist").
WHEREAS, the City Council of the City of Redondo Beach (“ City Council”) has determined that artwork in City-owned parks and other public places provides an aesthetic enhancement and contributes to the community’s enjoyment and quality of life; WHEREAS, on July 12, 2010, the City issued a Request for Proposals to retain an artist to create, construct, and install public artwork for the City’s Esplanade Redevelopment Project, subsequently renamed the Esplanade Streetscape Improvement Project; WHEREAS, on September 29, 2010, the City’s Public Art Commission recommended the Artist to the City Council;
WHEREAS, on December 7, 2010, the City Council approved the City Public Art Commission’s recommendation and selected the Artist to create and install public artwork for the Esplanade Streetscape Improvement Project;
WHEREAS, on February 19, 2013, the City Council approved the conceptual plans for the artwork titled “Sea Life” by the Artist (the “Artwork”); WHEREAS, on June 3, 2014, the City and the Artist entered into an Agreement for Commission of Artwork for Display in a Public Place (the “2014 Agreement”), under which the Artist created and installed 20 mosaic panels on 10 bollards, completed the scope of work required under the 2014 Agreement in 2014, and transferred title to those physical panels to the City (the “Original Panels”);
WHEREAS, in addition to the Original Panels, 24 additional mosaic panels were installed outside the documented scope of the 2014 Agreement (the “Subsequent Panels”), resulting in a total of 44 mosaic panels installed on the east- and west-facing sides of 22 bollards located along the Esplanade at Avenue A, Avenue C, Avenue F, Avenue I, and Vista Del Mar;
WHEREAS, although the scope of work required under the 2014 Agreement was completed, the Artwork, as contemplated by the City-approved conceptual plans, was not fully realized;
WHEREAS, the City and the Artist desire through this Agreement to confirm the City’s ownership of the physical Subsequent Panels and to clarify the City’s rights concerning those panels;
WHEREAS, the north- and south-facing sides of the 22 bollards remain unfinished, and the Cultural Arts Commission has recommended that the City commission the Artist to 2 fabricate and install 44 additional mosaic panels using the previously approved designs, thereby completing the mosaic treatment of all four sides of the bollards; WHEREAS, the City has allocated $100,000 from the John Parsons Public Art Fund for additional artwork along the Esplanade and intends to expend an amount not to exceed 15,400 under this Agreement for the Project, as defined in Section 1.2; WHEREAS, the City has determined that the Artist possesses the qualifications, experience, and artistic ability necessary to complete the Project; WHEREAS, the City intends for the Artwork to enrich the visual landscape of the Esplanade, engage the community, and enhance the cultural experience of the public space it occupies; and
WHEREAS, the Artist is willing to complete the Project in accordance with the previously approved designs, Exhibit A, and the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree as follows:
ARTICLE 1. DEFINITIONS
1.1 Site: The term "Site" refers to the north- and south-facing sides of the 22 existing four-sided concrete bollards located in five groups along the Esplanade at Avenue A, Avenue C, Avenue F, Avenue I, and Vista Del Mar, Redondo Beach, California 90277, where the Additional Panels will be installed.
1.2 Project: The term “Project” means the fabrication and installation of the 44 Additional Panels on the north- and south-facing sides of the 22 existing bollards using the previously approved designs, together with all labor, materials, transportation, storage, site preparation, installation, cleanup, documentation, and other services required under this Agreement and Exhibit A.
1.3 Project Manager: The "Project Manager" is the City-designated individual who will oversee the administration of this Agreement and serve as the primary liaison between the City and the Artist.
1.4 Original Panels: “Original Panels” means the 20 mosaic panels created and installed on 10 bollards pursuant to the 2014 Agreement, title to which transferred to the City under that agreement.
1.5 Subsequent Panels: “ Subsequent Panels” means the 24 mosaic panels installed outside the documented scope of the 2014 Agreement in addition to the Original Panels.
1.6 Existing Panels: “Existing Panels” means, collectively, the Original Panels and the Subsequent Panels currently installed on the east- and west-facing sides of the 22 3 bollards.
1.7 Additional Panels: The term “Additional Panels” means the 44 mosaic panels to be fabricated and installed under this Agreement on the north- and south-facing sides of the 22 bollards. Upon installation, the Additional Panels will be incorporated into and become part of the Artwork.
ARTICLE 2. ARTIST’ S DUTIES
2.1 The Artist shall complete the Project, ensuring that all services are performed in a professional manner and in strict compliance with all terms and conditions of this Agreement.
2.2 The Artist shall complete the Project at the Site in substantially the same form approved by the City Council, as detailed in the attached “Exhibit A,” which is hereby incorporated by reference.
2.3 The Artist shall perform all services and furnish all supplies, materials, equipment, transportation, and storage to complete the fabrication and installation of the Additional Panels at the Site in accordance with the specified schedule in Article 6.
2.4 The Artist shall assist staff as requested to secure any and all required licenses, permits and similar legal authorizations at the Artist’s expense as may be necessary for the installation and maintenance of the Additional Panels at the Site. In addition, the artist shall satisfy personally, or through its contractors, actions necessary to ensure public safety at the site, for example fencing, pollution control and traffic control.
2.5 The Artist shall fabricate and install the Additional Panels using the previously approved designs and the materials identified in Exhibit A, subject to the City’s review and acceptance. The Artist may exercise artistic judgment only within the constraints of the previously approved designs, Exhibit A, and the City’s written approvals.
2.6 The Artist shall provide the transportation and installation of the Additional Panels in coordination with the City. If the Artist utilizes a subcontractor approved pursuant to Section 2.18 to install the Additional Panels, the Artist shall supervise and approve the installation.
2.7 The Artist, given reasonable advance notice, shall be available, virtually or in-person, for all informational meetings with the public, as appropriate, in order to communicate about the Project and to ensure appropriate integration and/or installation, and for a dedication ceremony.
2.8 The Artist acknowledges that his/her/their unique skill and creativity are central to the Agreement and agrees not to subcontract the artistic or creative aspects of the Artwork without the City's express written consent. In the event the City approves the use of subcontractors, the Artist shall provide a list of all subcontractors and a copy of the agreement between the Artist and each subcontractor. 4 2.9 The Artist shall, without additional compensation, correct or revise any error, omission, or other deficiency in the Project that is inconsistent with the previously approved designs, Exhibit A, or this Agreement.
2.10 The Artist shall provide monthly progress reports and/or deliverables to the Project Manager in a manner acceptable to the City.
2.11 The Artist must manage and complete the Project within the allocated budget of 15,400, inclusive of all materials, labor, and associated costs.
2.12 Upon the Project's completion, the Artist shall ensure the Site is left clean and clear of equipment, surplus materials, and debris to the City’s satisfaction.
2.13 The Artist shall submit in writing any significant changes to the Project's scope, design, color, size, material, utility, support requirements, texture, or location for the City and Cultural Arts Commission's review and approval.
2.14 The Artist shall perform services as outlined in Exhibit A, retaining artistic control within the constraints outlined therein.
2.15 The Artist shall submit maintenance and conservation instructions for the Additional Panels, including photographic documentation and a schedule for routine maintenance and conservation.
2.16 Should the City request, in writing, revisions to the work, additional tasks beyond the scope in Exhibit A, or other modifications, the Artist may agree to undertake these changes. Any agreed-upon modifications will result in an amendment to this Agreement.
2.17 In the event that the Artist does not agree to requested modifications by the City, and a mutual resolution cannot be achieved, the City reserves the right to terminate this Agreement. The City may seek another artist to complete or modify the work, subject to the Cultural Arts Commission's approval.
2.18 The Artist shall not use third-party contractors to complete the work without the express written approval of the Project Manager.
2.19 In the event that the Additional Panels are fully fabricated prior to the scheduled installation date, the Artist shall be responsible for the secure storage of the Additional Panels. This storage must ensure the Additional Panels' safety and preservation, protecting it from damage, theft, or any adverse conditions that may compromise its integrity. The Artist must arrange for such storage at its own expense.
ARTICLE 3. CITY’S DUTIES
3.1 The City shall remit payment to the Artist as outlined in Article 4, following satisfactory receipt and approval of the Artist's completion of each phase of the Project, as 5 detailed in the payment schedule. Notwithstanding the foregoing, the City acknowledges that the first payment is not tied to completion of a project phase.
3.2 The City reserves the right to review and approve the Artist's progress on a percentage of completion basis. Payment may be adjusted or withheld for any work that does not meet the quality standards or timeframe agreed upon.
3.3 The City will provide necessary support to facilitate the Artist's work as described in this Agreement, which includes, but is not limited to, timely reviews and approvals as required under Section 2.13 for any proposed significant changes to the Project.
3.4 The City will review the proposal to ensure it does not impede the Site's intended use or safety protocols.
ARTICLE 4. COMPENSATION
4.1 Artist shall be paid a total sum of fifteen thousand four hundred dollars ($15,400) by City in accordance with the following schedule.
4.1.1 The City will pay the Artist $7,700, representing 50% of the total compensation, within thirty (30) business days after the Effective Date and the City’s receipt of the Artist’s invoice, whichever occurs later.
4.1.2 The City will pay the Artist $7,700, representing the remaining 50% of the total compensation, within thirty (30) business days after the Artist completes the Project, the City accepts the Additional Panels, the Artist submits the documents required under Section 2.15, and the Artist executes and delivers the Transfer of Title attached as Exhibit D.
4.1.3 Payment Direction: Artist directs the City to make all payments due under this Agreement to Patrice Linnett. Payment by the City to Patrice Linnett shall constitute payment to both individuals comprising the Artist and shall fully discharge the City’s corresponding payment obligation under this Agreement.
4.2 The payment of $ 15,400 provided herein shall be full compensation for all work performed to complete the Project, including but not limited to, all expenses for labor, supplies, materials, communications, transportation, studio space, rentals, travel, equipment or use thereof, and for all incidentals pertaining to the Project as described in Exhibit "A". In no event shall the payments to Artist exceed fifteen thousand four hundred dollars ($15,400). If the Artist incurs costs in excess of $15,400, the Artist shall pay such excess from the Artist’s own funds unless the Artist previously obtained written approval for such costs from the City. The $15,400 compensation limit does not include inspection fees, dedication plaques, or other Project costs paid directly by the City.
4.3 The services to be required of the Artist under this Agreement shall be completed in accordance with the schedule for completion outlined in Article 6. The completion date may be modified pursuant to Section 6.3 or by written agreement between the 6 Artist and the City.
4.4 The Artist is responsible for all transportation and storage costs for any equipment, supplies, and materials related to this Project.
ARTICLE 5. TERM AND TERMINATION
5.1 Term
5.1.1 This Agreement commences on the Effective Date and will expire on February 1, 2027, or on such other date as may be established pursuant to Section 6.3, unless earlier terminated in accordance with this Agreement. The expiration of this Agreement shall not discharge the Artist’s first-year maintenance obligations set forth in Exhibit A.
5.1.2 Should the Artist encounter force majeure or other unforeseen circumstances that prevent timely performance, the City may grant a reasonable extension for completion. In such case, obligations under this contract will be temporarily suspended during such events, with both parties committed to promptly resuming his/her responsibilities once the events have concluded. These circumstances will not be considered a breach of the contract. For the purposes of this Agreement, force majeure shall mean any unforeseeable circumstance which is beyond the control of a Party, or any unavoidable event, even if foreseeable, as a result of which such Party is unable to perform its obligations, in whole or in part, under this Agreement. This includes, but is not limited to, acts of God, natural disasters ( such as floods, hurricanes, and earthquakes), wars, civil unrest, terrorist acts, strikes, laws or governmental orders, epidemics.
5.2 Termination. Should the Artist fail to perform pursuant to the terms of this Agreement, the City, in its sole discretion, shall have the right to terminate this Agreement by giving written notice of termination.
5.2.1 Notice of Termination. Upon receipt of notice of termination under this Article, the Artist shall, as directed by the City within the notice:
a. Reimburse the City for all monies paid to that time to the Artist within the time period stated in the notice; or
b. Immediately transfer and deliver the Additional Panels in progress and all related materials so the City can complete the Project, or cause the Project to be completed by another person or entity.
5.3 Set-Off. If any monies were due to the Artist at the time of termination of this Agreement, the City may use those monies to set off any expenses it may incur in completing or removing the Project.
5.4 Other Remedies. Notwithstanding the foregoing sections, the Artist will not be relieved of liability to the City for the Artist’s breach of this Agreement, and those 7 sections do not preclude the City from seeking damages or any other remedies available to the City.
ARTICLE 6. SCHEDULE OF PERFORMANCE
6.1 Artist shall commence the Project upon the Effective Date of this Agreement.
6.2 Artist shall complete Project on or before February 1, 2027, as per Term of Agreement.
6.3 City may modify the Project completion dates in its sole discretion by providing written notice to the Artist.
6.4 Unless and until the City provides written notice of a modified completion date pursuant to Section 6.3, the Artist shall continue to perform in accordance with the existing schedule.
ARTICLE 7. ARTIST’ S REPRESENTATIONS AND WARRANTIES
7.1 Warranties of Title
7.1.1 The Artist represents and warrants that:
a. The Artist has full authority to fabricate and install the Additional Panels, transfer physical title to the Subsequent Panels and Additional Panels, and grant the licenses and waivers contained in this Agreement; b. Except for the prior use of the previously approved designs in the Original Panels and Subsequent Panels, and any materials previously disclosed in writing to the City, the Additional Panels will be original to the Artist and will not infringe upon any copyright or other right of any person;
c. The Artist has not sold, assigned, transferred, licensed, granted, encumbered, or otherwise utilized any right in the Subsequent Panels, Additional Panels or any element thereof or any copyright related thereto in a manner that would impair the rights granted to the City under this Agreement;
d. The physical Subsequent Panels and Additional Panels are or will be transferred to the City free and clear of all liens, claims, security interests, restrictions, and other encumbrances; and
e. All work created or performed by the Artist under this Agreement shall not infringe upon or violate the rights of any third party.
7.2 Guarantee of Material and Workmanship
7.2.1 The Artist guarantees that the Additional Panels, including all materials and workmanship, will be free from faults for a period of two (2) years following the installation and the City's final acceptance of the work. 8 7.2.2 In the event that faults in materials or workmanship of the Additional Panels are discovered during this period, the Artist shall, at no additional cost to the City, repair or replace the faulty materials or rectify the deficient workmanship to the satisfaction of the City.
7.2.3 This guarantee applies exclusively to the work directly executed by the Artist or under the Artist's direct supervision and does not extend to any materials or workmanship pertaining to the underlying structure or related projects not under the Artist's purview.
7.3 Authority
7.3.1 The Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement.
7.3.2 These representations and warranties shall survive the termination or expiration of this Agreement.
7.3.3 All services performed hereunder shall be performed in accordance with all applicable laws, regulations, and standards and will be carried out with due care, skill, and diligence.
ARTICLE 8. WAIVER OF ARTIST' S RIGHTS
8.1 As a material part of the consideration provided under this Agreement, each individual comprising the Artist expressly and irrevocably waives, with respect to the public artwork titled “Sea Life,” including the Original Panels, Subsequent Panels, and Additional Panels, all rights of attribution and integrity and all other rights that the Artist may have under the Visual Artists Rights Act of 1990, 17 U.S.C. §§ 106A and 113(d), the California Art Preservation Act, California Civil Code § 987 et seq., and any comparable law granting similar moral, attribution, integrity, preservation, consultation, notice, or approval rights.
This waiver specifically applies to the City’s alteration, modification, distortion, mutilation, destruction, removal, relocation, movement, replacement, transportation, repair, restoration, covering, or disposal of the Artwork, in whole or in part. The City and its officers, employees, agents, contractors, successors, and assigns may undertake or authorize any such action without notice to, consultation with, or consent from the Artist and without additional compensation to the Artist.
Following any alteration or modification of the Artwork, the City may, in its sole discretion, continue to identify the Artist as the creator, omit the Artist’s name, or state that the Artwork has been modified from the Artist’s original work.
Each individual comprising the Artist shall execute the waiver attached as Exhibit C. 9 ARTICLE 9. COPYRIGHT
9.1 The Artist is responsible for ensuring that all aspects of the work and services performed under this Agreement comply fully with applicable intellectual property laws of the United States, including but not limited to patents, trademarks, and copyrights. The Artist guarantees that the work will not infringe on any third-party intellectual property rights and shall secure all necessary permissions, licenses, and releases required for any such protected intellectual property employed in the execution of the Project at the Artist’s own cost. Any proprietary materials, processes, or methods used by the Artist will be transparently disclosed in the project documentation.
ARTICLE 10. INDEMNIFICATION
10 Indemnity
To the maximum extent permitted by law and unless otherwise provided herein, Artist hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, and agents ( collectively “ Indemnitees”) from and against any and all claims, including, without limitation, claims for bodily injury, death or damage to property, demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or arising from any act, failure to act, error or omission of Artist’s performance or work hereunder (including any of its officers, agents, employees, Subcontractors) or its failure to comply with any of its obligations contained in the Agreement, or its failure to comply with any current or prospective law, except for such loss or damage which was caused by the sole negligence or willful misconduct of the City. Artist’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Artist or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement. a. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Artist because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
b. Waiver of Right of Subrogation. Artist, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.
c. Risk of Loss. The Artist shall bear the risk of loss of or damage to the Additional Panels and related materials while they remain in the Artist’s possession, custody, or control and until installation and final acceptance by the City. The Artist shall not be responsible or held liable for any damage to the Additional Panels, their surfaces or environment caused by the City’s 10 personnel, its employees, visitors or others that are beyond the reasonable control of the Artist.
ARTICLE 11. INTELLECTUAL PROPERTY AND REPRODUCTION RIGHTS
11.1 Unique Reproduction Rights: The Artist shall not replicate the final Artwork design or allow others to do so without the City's explicit consent. This does not restrict the Artist from creating new works in his/her own style.
11.2 Acknowledgment in Public Showings: The Artist shall credit the City when displaying reproductions, stating “Commissioned by the City of Redondo Beach.”
11.3 Copyright Registration: The Artist may register the Artwork's copyright at his/her own cost.
11.4 Copyright Ownership and City Reproduction Rights: Except for the rights expressly granted to the City under the 2014 Agreement and this Agreement, the Artist retains copyright in the Artwork. The Artist grants to the City and its assigns a perpetual, irrevocable, worldwide, royalty-free, nonexclusive license to photograph, reproduce, display, publish, distribute, and otherwise use two-dimensional images and reproductions of the Artwork, including the Original Panels, Subsequent Panels, and Additional Panels, for governmental, public-information, promotional, educational, cultural, historical, archival, electronic-media, media-publicity, catalogue, and other noncommercial purposes. This license confirms and supplements the license granted to the City under the 2014 Agreement.
11.5 Commercial Reproductions by the City: If the City wishes to reproduce the Artwork for commercial use, a separate agreement will be negotiated to detail licensing and royalties.
11.6 Third-Party Infringement: The City is not liable for copyright infringements by third parties nor responsible for protecting the Artist’s intellectual property rights.
ARTICLE 12. SITE ALTERATIONS AND ARTWORK REMOVAL
12.1 Original Panels: The parties acknowledge and confirm that title to the physical Original Panels transferred to and is owned by the City pursuant to the 2014 Agreement.
12.2 Subsequent Panels: The Artist represents and warrants that the Artist owns all right, title, and interest in and to the physical Subsequent Panels and has full authority to transfer such ownership to the City. The Artist further represents and warrants that no donor, sponsor, funder, or other third party has any ownership interest, lien, security interest, restriction, approval right, or other claim affecting the physical Subsequent Panels. The Artist hereby irrevocably sells, assigns, transfers, and conveys to the City all right, title, and interest in and to the physical Subsequent Panels, free and clear of all liens, claims, security interests, restrictions, and other encumbrances. To the extent title to the Subsequent Panels previously vested in 11 the City, this Section confirms the City’s ownership.
12.3 Additional Panels: Upon the City’s final acceptance of the Project and the Artist’s execution and delivery of the Transfer of Title attached as Exhibit D, the City shall own all right, title, and interest in and to the physical Additional Panels, free and clear of all liens, claims, security interests, restrictions, and other encumbrances.
12.4 Copyright: Sections 12.1 through 12.3 concern ownership of the physical panels only. Copyright ownership and reproduction rights are governed by Article 11.
12.5 City Control: The City may, in its sole discretion, alter, modify, maintain, repair, restore, cover, remove, relocate, replace, dispose of, or destroy the Artwork, in whole or in part, subject to Article 8 and Exhibit C.
ARTICLE 13. INSURANCE
13.1 Artist shall comply with the insurance requirements set forth in Exhibit B. Insurance requirements that are waived by the City's Risk Manager do not require amendments or revisions to this Agreement.
ARTICLE 14. CIVIL RIGHTS AND EQUAL OPPORTUNITY
14.1 Every supplier of materials and services and all artists doing business with the City shall be in compliance with the applicable provisions of the Americans with Disabilities Act of 1990, and shall be an equal opportunity employer as defined by Title VII of the Civil Rights Act of 1964 and including the California Fair Employment and Housing Act of 1980. As such, Artist shall not discriminate against any person on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, age, sexual orientation, sex, or any other legally protected characteristic with respect to hiring, application for employment, tenure or terms and conditions of employment. Artist agrees to abide by all of the foregoing statutes, regulations, ordinances and resolutions.
ARTICLE 15. MISCELLANEOUS
15.1 Records/Inspection: The Artist must allow the City or its authorized agents to review any relevant financial and Project records regarding this Agreement when asked. These reviews can happen during normal business hours and will be as often as the City needs. The Artist also agrees to keep these records in electronic form for four years after the end of this Agreement, or longer if there are ongoing legal or audit issues.
15.2 Independent Contractor: Artist acknowledges, represents and warrants that Artist is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Artist shall have no rights to any benefits which accrue to 12 City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Artist's sole responsibility.
15.3 Conflict of Interest: Artist acknowledges, represents and warrants that Artist shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Artist further acknowledges, represents and warrants that Artist has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Artist acknowledges that in the event that Artist shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one (1) year.
15.4 Compliance with Laws: Artist shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation all environmental laws, employment laws, and nondiscrimination laws.
15.5 Notices: Written notices to City and Artist shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Artist: Patrice Linnett and Deborah Collette
1321 S. Helberta Avenue
Redondo Beach, CA 90277-5131
City: City of Redondo Beach
Community Services Department
Cultural Arts Division, c/o Redondo Beach Performing Arts Center 1935 Manhattan Beach Blvd.
Redondo Beach, CA 90278
Attention: Jack Meyer, Cultural Arts Manager
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by registered or certified mail.
Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.
15.6 Non-Liability of Officials and Employees of the City: No official or employee of the City shall be personally liable for any default or liability under this Agreement.
15.7 Limitations upon Subcontracting and Assignment: The Artist shall not assign or subcontract any part of this Agreement without the prior written approval of the City.
13 15.8 Exhibits: All exhibits hereto are made a part hereof and incorporated herein by reference.
15.9 Integration: This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof, including but not limited to the Additional Panels, and the rights expressly addressed herein concerning the Subsequent Panels and supersedes any previous oral or written agreement. Correspondence or documents exchanged between the Artist and the City may be used to assist in interpreting the exhibits to this Agreement. Notwithstanding the foregoing, this Agreement does not supersede or impair any ownership right, license, waiver, or other right that vested under the 2014 Agreement concerning the Original Panels, except as expressly provided herein.
15.10 Conflicting Provisions: In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by the Artist.
15.11 Amendment: This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.
15.12 Non-Exclusivity: Notwithstanding any provision herein to the contrary, the services provided by the Artist hereunder shall be non-exclusive, and City reserves the right to employ other artists in connection with the Project.
15.13 Time of Essence: Time is of the essence of this Agreement.
15.14 Confidentiality: To the extent permissible under law, Artist shall keep confidential its obligations hereunder and the information acquired during the performance of the Project or services hereunder.
15.15 Governing Law and Venue: This Agreement shall be construed in accordance with the laws of the State of California, and any litigation shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.
15.16 Attorneys’ Fees: If either party brings any action to enforce or interpret this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs.
15.17 Claims: Any claim by the Artist against City hereunder shall be subject to Government Code §§ 810 et seq. The claims presentation provisions of said Act are hereby modified such that all claims hereunder shall be waived unless presented to the City within six (6) months after accrual of the cause of action.
15.18 Interpretation: Both parties acknowledge they had the opportunity to seek legal advice during the negotiation of this Agreement.
14 15.19 Severance: In the event a court of competent jurisdiction determines that any provision of this Agreement is unenforceable, such ruling shall not affect the validity or enforceability of any other provision. Any invalid or unenforceable provision shall be severed, and all remaining provisions shall remain enforceable.
15.20 Authority: City and the Artist warrant and represent that they are duly authorized to enter into and execute this Agreement.
15.21 Waiver: The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.
15.22 Survivability: Articles 7, 8, 9, 10, 11, and 12 and sections 15.1 and 15.3, and the Artist’ s maintenance obligations under Exhibit A shall survive expiration or termination of this Agreement.
SIGNATURE PAGE FOLLOWS
15 IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 1st day of September, 2026.
CITY OF REDONDO BEACH, ARTIST,
a chartered municipal corporation an individual
By: _______________________
James A. Light, Mayor Name: Patrice Linnett
ARTIST,
an individual
By: _______________________
Name: Deborah Collette
ATTEST: APPROVED:
Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
Joy A. Ford, City Attorney
8/19/2026 | 7:31 PM PDT
8/20/2026 | 7:03 AM PDT
8/25/2026 | 3:24 PM PDT
16 EXHIBIT A
PROPOSAL
Patti Linnett 310-528-3264
pelinnett@gmail. com
Debbie Collette 310-750-7590
[email protected]
April 15, 2026
City of Redondo Beach
Jack Meyer
Cultural Arts Manager
Redondo Beach, CA
Re: Proposal for Esplanade Bollards
Description Amount
Requested
Amount Paid Balance Due
Proposal #1
Use current
designs
22 Bollards-44
panels
@$700.00 per
Bollard
15,400.00
Proposal includes materials and installation
Checks are payable to: Patrice Linnett
17 Locations: Avenue A, Avenue C, Avenue F, Avenue I, and Vista del Mar.
Materials to be used: ceramic tile, glass gems, natural shells, thin-set mortar, sanded grout Preparation: Surface will be cleaned by the artists before application.
Maintenance : As part of the Project and at no additional cost to the City, the Artist shall clean the Additional Panels, inspect them for damage, and apply a second application of grout sealer within one year after the City’s final acceptance of the Project.
Instructions: The City should not power wash the bollards, as they could be damaged. A light cleaning is all that is necessary, and a grout sealer can be applied periodically.
Debbie Collette and Patti Linnett DP
Mosaics dpmosaicsrb@gmail. com
18 EXHIBIT B
INSURANCE REQUIREMENTS
Without limiting Artist's indemnification obligations under this Agreement, Artist shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Artist, its agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage {occurrence form CG 0001).
Minimum Limits of Insurance
Artist shall maintain limits no less than:
General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers or (2) the Artist shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Endorsement:
General Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of work performed by or on behalf of the Artist. General liability coverage can be provided in the form of an endorsement to the Artist's insurance, or as a separate owner's policy.
For any claims related to this project, the Artist's insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Artist's insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall 19 not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Artist's part.
Acceptability of Insurers
Insurance shall be placed with insurers with a current A.M. Best's rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
Verification of Coverage
Artist shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City's requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements shall be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
Subcontractors
Artist shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Risk Management
Artist acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.
20 EXHIBIT “ C”
VISUAL ARTIST RIGHTS ACT WAIVER
The undersigned artists acknowledge that the public artwork titled “ Sea Life” consists of the Original Panels, Subsequent Panels, and Additional Panels, as those terms are defined in the Agreement, located or to be located on the 22 bollards along the Esplanade at Avenue A, Avenue C, Avenue F, Avenue I, and Vista Del Mar.
To the fullest extent permitted by law, each Artist knowingly, voluntarily, expressly, and irrevocably waives all rights of attribution and integrity and any other rights the Artist may have concerning the Artwork under the Visual Artists Rights Act of 1990, 17 U.S.C. § 106A, the California Art Preservation Act, California Civil Code § 987 et seq., and any similar law.
This waiver applies to any alteration, modification, distortion, mutilation, destruction, removal, relocation, replacement, repair, restoration, covering, disposal, or other treatment of the Artwork, in whole or in part. The City may undertake or authorize any such action without notice to, consultation with, or consent from the Artist and without additional compensation.
Following any alteration or modification of the Artwork, the City may continue to identify the Artist as the creator, omit the Artist’s name, or state that the Artwork has been modified.
Copyright ownership and reproduction rights are governed by Article 11 of the Agreement.
Each Artist acknowledges that the Artist has read and understands this waiver and executes it knowingly and voluntarily.
Date Patrice Linnett, Artist
Date Deborah Collette, Artist
21 ACKNOWLEDGMENT
State of California
County of )
On before me,
insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ( Seal)
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
22 ACKNOWLEDGMENT
State of California
County of )
On before me,
insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ( Seal)
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
23 EXHIBIT D
TRANSFER OF TITLE
For valuable consideration, receipt of which is acknowledged, Deborah Collette and Patrice Linnett hereby sell, transfer, and convey to the City of Redondo Beach all right, title, and interest in and to the tangible personal property consisting of the 44 Additional Panels fabricated and installed under the Agreement on the north- and south-facing sides of the 22 bollards located along the Esplanade at Avenue A, Avenue C, Avenue F, Avenue I, and Vista Del Mar.
The Artists represent and warrant that they have full authority to transfer the Additional Panels and that the Additional Panels are transferred free and clear of all liens, claims, security interests, restrictions, and other encumbrances.
Upon the City’s final acceptance of the Project and delivery of this Transfer of Title, the Additional Panels shall become the physical property of the City and part of the Artwork.
This Transfer of Title transfers ownership of the physical Additional Panels only. Copyright ownership and reproduction rights are governed by Article 11 of the Agreement. Ownership of the Original Panels and Subsequent Panels is governed by Article 12 of the Agreement.
IN WITNESS WHEREOF, the Artists have executed this Transfer of Title as of the dates set forth below.
Patrice Linnett, Artist
Address
Deborah Collette, Artist
Address
24 ACKNOWLEDGMENT
State of California
County of )
On before me,
insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ( Seal)
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
25 ACKNOWLEDGMENT
State of California
County of )
On before me,
insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ( Seal)
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.