Cupertino Guidelines
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 ofthis 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
create new 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 chosen by the Commission to fonn 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 ofa city commission from the area affected (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 pennanent collection 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 sites on public lands and inside public buildings that are
appropriate for placing completed artworks
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Guidelines
The following are guidelines 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 concerns will be considered in 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 experience in designing, producing, managing
and installing art work, including large-scale public art work, if necessary
F. When public funds are used, members ofthe community surrounding the location of
the future art work may be invited to a public forum to discuss the art project in order to
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 selected artist 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 has not yet been selected, a consultant may be asked to
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), and to manage the fabrication and/or installation of the art
work.
The consultant will be selected by 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. The city shall maintain a responsible collection, maintenance, and de-accession policy
and procedure for art works that are accepted as part ofthe 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.
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C. Acceptance of art work shall be confirmed by means of an agreement between 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 used in determining whether an art work is acceptable:
I. Aesthetics: It is deemed to be an art work of lasting aesthetic value that enhances the
city's cultural environment by being receptive, respectful, and stimulating, and it
contributes to the comprehensive record of visual arts for the community.
2. Qualitv: There is an inherent quality in the art work itself (i.e. the City of Cupertino
shall not necessarily accept art work based solely on the artist's overall reputation)
3. Stvle: 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 Liabilitv: Each art work shall be examined and approved for safety conditions
and factors which may bear upon public liability
6. Varietv: The overall Public Art Program shall consider variety in style, scale, and
materials
7. Technical Feasibilitv: (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
as the property of the city in perpetuity.
Acquisition Procedures
All potential acquisitions, whether gifts, donations, purchases, commissions, or loans of art to
the City of Cupertino must be reviewed by the Fine Arts Commission and approved by the
City Councilor its designee.
Works of art may 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.
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Methods of acquisition shall include the following:
· Direct purchase
· Direct commission
· Gift or Donation
· Temporary Loan
· Permanent Loan
· Competition
· Temporary Exhibit
Gifts
All items accepted as gifts by the City of Cupertino will become the exclusive and absolute
property of the City of Cupertino and may be displayed, loaned, retained or disposed of in the
best interests of the City of Cupertino.
The City of Cupertino will not, and shall not be required to carry any insurance against loss or
destruction of or damage to such item. The City of Cupertino will not be required to exercise
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.
¡fthe City of Cupertino decides not to accept the item and so notifies the owner, the owner has
sixty (60) days from the date of notification to reclaim the item. ¡fthe item is not reclaimed, the
City of Cupertino 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 City of Cupertino may require a written order from the owner (or his duly authorized agent
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 contract between the city and artist or agent will be entered for loaned art.
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
reproductions of the work for publicity and professional purposes, 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.
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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 aesthetic decision-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 ofthe area.
The following factors will be considered prior to placing art works:
· Visibility
· Lighting
· Public safety
· Traffic patterns (interior, exterior, pedestrian and auto)
· Relationship to existing art work, architecture, and natural features in the vicinity
· Future development plans for the area
(See sample agreements on Page 11-13)
Access
Works of art rrom the city collection shall be on public view in locations accessible to
members of the public during regular business hours, unless other arrangements are 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 detennine their condition and location, in order to identifY any needed
maintenance or restoration.
Documentation
The Fine Arts Commission, with the assistance of the staffliaison, will develop and maintain
the archives and records of the city's collection (see sample Catalogue Fonn on Page 12)
1nfonnation provided by the artist shall include:
· Photographs of work provided by the artist (preferably both digital and film)
· 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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Infonnation maintained by the city shall include:
. An electronic catalogue entry of each object in the collection, (see sample Catalogue
Fonn 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 are the property of the City of Cupertino shall be deaccessioned or 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.
Funds received by the City from the public sale of art works from the collection shall be
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 CUPERTINO
Gift Receipt
CUPEI{IlNO
Possession of the art work listed on the face of this receipt is accepted by the City of Cupertino
subject to the following conditions:
I. All art work accepted by the City of Cupertino will become the exclusive and absolute
property of the City of Cupertino and may be displayed, retained, destroyed or 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 damage to such item. The City of Cupertino will not be required
to exercise greater precautions for the care and 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 infonnation in block letters)
Title
Materials/media
Artist's name(s)
Donor's estimated value
Dimensions
Weight
4. The gift is made by Donor unconditionally and without the reservation of any right,
claims or interest in the above described personal property. Donor affinns 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 releases City ITom all liability with
respect to any loss or damages to the artwork referred to in this agreement. Donor agrees
that City shall not cover such artwork with insurance.
I have read and understand the conditions of the Gift Receipt.
DATE:
DONOR SIGNATURE:
The City of Cupertino acknowledges receipt of your offer to give the City of Cupertino the item
described on this page. Fonnal 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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CITY OF CUPERTINO
Art Exhibition Agreement
C
CUPI:I:\!Ji'-JO
(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 tenns and conditions:
Standard of Care: Unless otherwise agreed to by the Artist, the City will exercise the same care 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 assumes the right; unless
specifically denied by the Artist, to examine the work(s) by all modern photographic means available, and
it is understood and agreed that infonnation 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 meetings and events will occur that are subject to
photography and other video recording as a matter of law, and Artist expressly pennits incidental
photography or other video recording under such circumstances.
Return of Artwork: Art works accepted by the City on loan will not be returned to anyone other than the
Artist except upon receipt of written order ITom the Artist or Artist's duly authorized agent or 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 case of death or incapacity of the
Artist, the legal representative ofthe Artist is requested to notify the City as soon as possible, giving his
or her full name and address in writing.
The City may request the return to the Artist of any property deposited with it by written notice directed
to the Artist. If the City, after making reasonable efforts and through no fault of its own, shall be unable
to return the art within thirty (30) days of such notice, then the City shall have the absolute right to place
the art in storage and to charge removal fees and costs. If, after six (6) months, the art has not been
reclaimed, then in consideration for its storage and its efforts to safeguard the 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, whichever is earlier, the City may proceed to remove the art work ITom exhibition and install
a different exhibition or store the Artist's artwork as provided in the previous paragraph.
Limit of Liability. Artist agrees and understands that Artist has designated the Artist's signed price of
each artwork item in the Receipt attached to this Loan Agreement and further agrees and understands that
in no event shall the City be liable to the Artist for any amount in excess of the itemized signed price for
any damage that may occur to any of the items of art. By accepting the artwork on loan, it is not implied
in any way that the City has accepted the signed price as the actual value of the artwork, but only that this
establishes the maximum liability ofthe City in exhibiting or storing the artwork.
The undersigned understands and accepts this agreement.
Artist Signature:
Address:
Email:
Date:
Phone:
Fax:
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CITY OF CUPERTINO
Right of Entry and Indemnification Agreement
for Publicly Displayed Artwork
CITY OF
CUPElQ1NO
This Right Entry and Indemnification Agreement ("Agreement") is made and entered into this
_ day of ,2_, by and between the CITY OF CUPERTINO, a municipal
corporation of the State of Cali fomi a ("City") and . ("Exhibitor").
RECITALS
WHEREAS, City wishes to encourage activities designed to enhance the aesthetics of the City of
Cupertino; and
WHEREAS, City is the owner of certain property located at
of Cupertino, County of Santa Clara ("the Premises"); and
in the City
WHEREAS, Exhibitor desires to erect a piece of art on a portion of the Premises for the period
of to
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION I. City grants to Exhibitor permission to enter upon 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 such costs 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
terminate on
, and shall
SECTION 3. The piece of art shall be maintained by Exhibitor at all times in a safe, neat, and
good physical condition. City shall be the sole judge of the quality 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 states in 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, agrees to 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 exercise his 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 agree that City shall in no way be responsible for any loss of or
damage (including defacement) to the piece of art or for any property belonging to or rented by
Exhibitor, its officers, servants, agents, or employees that may be stolen, destroyed or in any way
damaged during the erection or maintenance of the piece of art at the site on the Premises.
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SECTION 6. Exhibitor agrees to indemnifY, defend and hold hannless the City, its officers,
agents, servants and employees against any claims or suits for loss or damage to personal
property and damage or injury, including death, to any person or persons, arising out of or in
connection with the existence, maintenance, use, or location ofthe 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
required by this Agreement at least all of the minimum insurance requirements required by the
City's Risk Manager as specified in Exhibit B, attached hereto, prior to installation ofthe piece
of art. Exhibitor understands and agrees that such insurance amounts may be revised or waived
at any time at City's option, and Exhibitor agrees to comply with and provide any insurance
revisions requested by 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 tenninate the privileges granted to Exhibitor under this
Agreement.
SECTION 9. Exhibitor agrees that 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 agents and employees, at all times during the installation and erection
of the piece of art, shall have the right of entry and rree access to the sculpture site and the right
to inspect all work done, labor perfonned 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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