HomeMy WebLinkAbout8.2 DFA Loaned Art Program boo -
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: NOVEMBER 13, 1990
SUBJECT: Dublin Fine Arts Foundation (DFA) Loaned Art
Program - Sculpture #2
Prepared by Paul Rankin, Assistant City Manager
EXHIBITS ATTACHED: Exhibit 1 : Letter from Lynne Baer, DFA Executive
Director dated November 6, 1990
Exhibit 2 : Resume of Roger Berry, Sculptor
Exhibit 3 : Site Plan Showing Approximate Location
Exhibit 4 : Proposed Agreement
RECOMMENDATION: f the City Council concurs with the conditions
under which the artwork will be displayed, authorize
> the Mayor to execute the agreement and direct staff
to work with DFA to complete the installation
FINANCIAL STATEMENT: DFA will pay all direct costs . The City would
assume insurance costs in the event of a loss
associated with the display. Some additional lawn
maintenance expense will be incurred by the City.
DESCRIPTION: At the City Council Meeting on September 10, 1990,
the City Council approved an agreement with DFA to display a large scale
sculpture on the lawn area in front of the Civic Center. This project
was envisioned by DFA as an opportunity to arrange for a collection of
artwork by various artists to be displayed. The intent is to carefully
select the work to provide some continuity to the display and create a
"Sculpture Park. "
In the attached letter from the DFA Executive Director (Exhibit 1 ) , the
Foundation identified that they have selected a second sculpture which
they would like to have considered for display at the Civic Center.
DFA representatives will have slides of the proposed sculpture at the
meeting. The artwork is constructed of corten steel and the Artist is
Roger Berry. A resume of Mr Berry' s exhibitions is attached as Exhibit
2 . The piece is approximately eight feet tall and three feet four
inches in diameter. DFA has secured grant funding to install this
project. As additional funding is secured, the Foundation anticipates
presenting additional pieces for inclusion in the "Sculpture Park. "
The proposed agreement, Exhibit 4, is similar to the agreement approved
by the City Council for the first Sculpture. The artist retains
ownership of the sculpture and agrees to display it for a minimum of one
year. The agreement is considered a consignment due to the provisions
for a commission to be paid to DFA in the event the artwork is sold
while on display. The City would be responsible for the provision of
liability insurance in the event of a loss associated with the display.
This becomes a policy decision for the City Council, given- the
significant deductible which would be at risk in the event of a claim.
The agreement also provides for the City to extend property insurance
coverage. The artwork is valued at $30, 000, and the City has a $5, 000
deductible for property insurance . Given the type of materials and the
placement, Staff does not foresee an unreasonable level of risk being
assumed by the City.
Representatives of DFA will be in attendance to provide additional
information. They will also be available to provide an update on the
first sculpture approved. They have been working with that Artist to
finalize the installation details . It is anticipated that installation
will occur in December.
Staff recommends that the City Council consider the proposal and, if
appropriate, authorize the Mayor to execute the agreement.
------------------------------------------------------------------------
COPIES TO: Ron Nahas, DFA President
Lynne Baer, DFA Exec. Director
ITEM NO.
U . 13 L I N F I dT E A Ii T S TJ N D A 711 7`%
2I`
j
L!,
D1
T
j,
E;!-! T
rid r co
jj-";'-rj Tr,, th-1 i�-itv ver-
1; U!
Fee; iT-j
J IS
1 J)T I
1,U;I
I- +;-Je
IT 7 W
U .,5 a f at �Jloul Z; or.,7.
0: i
f—r-, t^'a
nol f i e
U ng o r
t7 1
C! 13 Cii lrl'%F'_:
T Fj H,7,
e. t Z 7
U'z)
+
!j jO 7 i.l L, i••.j!i_.-
41,t
L
NI e>l T
P.1 BOX _`SIC, DVH 1.1 N. CIA I)
ROGER BERRY
Route 1 , Box 341
341 South River Road
Clarksburg , CA 95612
( 916 ) 744 1241
Born: Chico , California, 1950
Education: A . B. Raymond College, University of the Pacific ,
Stockton , CA , 1972
Solo Exhibitions : Esprit Park , San Francisco, CA, 1989
Fuller Goldeen Gallery , San Francisco , CA , 1987
Bluxome Gallery , San Francisco, CA , 1984 , 1982
Shirley Cerf Gallery , San Francisco, CA, 1931
Selected Group Koures Sculpture Center, Ridgefield , CT , 1990
bExhibitions : Palo Alto Cultural Center , Palo Alto, CA, 1988
Civic Center Plaza, can Francisco, CA, 1987
Civic Arts Gallery , Walnut Creek , CA, 1985
Bluxome Gallery , San Francisco, CA, 1985 , 1984
Fuller Goldeen Gallery , San Francisco, CA , 1984
"Project Sculpture" , Arrowhead Marsh, Oakland , CA, 1982
"Sculpture ' 82" , Palo Alto, CA, 1982
University of the Pacific, Stockton , CA, 1982
Shirley Cerf Gallery , San Francisco, CA, 1980
Syntex Corporation, Palo Alto, CA, 1979
Center for the Visual Arts Oakland , CA, 1979
"Eyes and Ears Billboards" , San Francisco, CA 1977
South of Market Open Studios , San Francisco, CA , 1975-77
Public Work: "Gale" , Natcma Station Park, Folsom, CA 1990
"Waterwall " , Plaza Park Garage, Collaboration ,
Sacramento, CA , 1989-present
"Phoebus" , UCD Medical Center , Sacramento, CA, 1988
"Occulus" , State of California
Dept. of Justice Bldg . , Sacramento, CA, 1987
"Shadow of a Point" , Penninsula Office Park,
San Mateo, CA, 1987
Vallecito School Playground , San Rafael , CA, 1986-1987
"Melquiades" , Koll Center, San Jose , CA, 1985
"Rising Wave" , Twin Peaks , San Francisco, CA, 1979-1984
"Tau" , 160 Spear St. San Francisco, CA, 1984
"Persephone" , Darlington House, Toledo,, OH , 1983
"Fujimihara" ,° Columbia Park , Torrance, CA 1983
"Duplex Cone" , Arrowhead Marsh , East Bay Regional
Parks , Oakland , CA, 1982
"Rain Dragon" , Lakeridge Jr. High School ,
Sumner, WA, 1982 "
"Skypointing" , Optochrome Corporation,
Sunnyvale, CA , 1982
"Djinn" , Syntex Corporation, Palo Alto, CA, 1979
"Solar Tracer" , Canessa Gallery, San Francisco , CA,
1977 {�
Roger Berry Page 2 .
Special Projects Design Team Member, Embarcadero Parkway Master Plan ,
and Honors : San Francisco, CA , 1988-present
Member , California Arts Council , Art in Public
Buildings Advisory Panel , 1988-Present
Board of Directors , Public Art Works ( Interarts) ,
San Rafael , CA, 1988
Artist Participant, Alcatraz Concept Plan Workshop ,
GGNRA Park Association , Alcatraz , 1987
"Fan Blades" , Visitor Center, NASA Ames Research
Center , Moffitt Field, CA, 1984-Present
"Source" , Collaboration with Helen Escobedo
( Sculptor , Mexico) , San Francisco, CA 1985
Fe-1low , Djerassi Foundation , SMIP Ranch ,
Woodside, CA , 1983
Teaching , University of California, Davis , visiting instructor
Lectures and in sculpture , Spring 1989 , Fall 1989 , Spring 1990
Studio Talks : University of California, Davis , 1988
San Francisco Art Institute, 1988
California College of Arts and Crafts , 1987
Stanford University Museum of Art, 1987
University of California, Berkeley , 1986
San Francisco Museum of Modern Art, 1989 , ' 87 , ' 85 , ' 83
University Art Museum, 'Berkeley 1986 , ' 81
A/� ��.:- -,_�...' °'err'•' .- ,;, t�� •rr,�:_, ��:_ �...r '
I .y �''<;_�:: _�_.�',r'ay_. � - / yam•;: ,.... _
L
-- / It 1—,"1191
is
PRELIMINARY LANDSCAPE PLAN
IN CIVIC .CENTER
C�
Cl I�
U13L .
i •.
AGREEMENT
i
This AGREEMENT is made and entered-into gas of -the..13th. .day.. ;.
of November, 1990 by and between THE DUBLIN FINE ARTS FOUNDATION
(hereinafter called the "DFA") , Roger Berry (hereinafter called
"ARTIST") , and the City of Dublin, a municipal corporation
(hereinafter called the "CITY") .
WITNESSETH:
WHEREAS, DFA desires to arrange for the temporary display of
a large scale work of art at the Dublin Civic Center; and
WHEREAS, the display is part of a comprehensive program
which will include educational services; and
WHEREAS, DFA has made arrangements with ARTIST to display a
sculpture on the Dublin Civic Center grounds which are owned by
the CITY.
NOW, THEREFORE, the parties agree as follows:
1. Consianment of Sculpture
A. ARTIST agrees to deliver to DFA, for exhibition and
sale purposes, a torten steel Sculpture titled "SISYPHUS" (1983)
("Sculpture") which has approximate dimensions of 8 feet in
diameter and 3 feet 4 inches wide.
B. The ARTIST agrees that the fair market value of the
Sculpture does not exceed (Twenty Thousand Dollars) $20, 000 .
C. The parties agree that this Agreement shall be
construed in accordance with sections 1738, et seer, of the
California Civil Code.
D. The ARTIST agrees to consign to DFA the Sculpture
described in Section 1 for one year, except as provided in
Section 4 (B) .
2 . ARTIST ' S Rights and Responsibilities
A. ARTIST shall be responsible for the safe and secure
installation of the Sculpture. Said work of installation shall
be coordinated with CITY to avoid damage to underground utilities
and other CITY facilities.
November b, 1990
114\agree\fineartLehs '' h�
it
B. ARTIST shall personally supervise the installation of
the sculpture.
C. ARTIST agrees to personally participate in a community
educational program, which shall be arranged by DFA.
D. ARTIST hereby expressly. .warrants, that..ART IST-Js..thetiY4a
owner of the described Sculpture or is the legal representative
of, or has express authority to act as, the agent for the owner
in connection with the consignment hereby made.
3 . DFA Rights and Responsibilities
A. DFA shall pay all costs associated with the
transportation of the Sculpture from Clarskburg, California, to
the Dublin Civic Center, the costs of installation of the
Sculpture and any costs for a crane to place the Sculpture on a
base, if one is required.
B. DFA shall pay all costs associated with the removal of
the Sculpture if the City or DFA request removal. This shall
include the costs of transporting the Sculpture to the location
it was originally transported from in Section 3 (A) . If the
sculpture is moved pursuant to Section 4 (B) Artist shall pay all
costs associated with removal.
C. DFA shall, have the right to photograph and record the
Sculpture for purposes of providing documentation of the
exhibition, including a catalogue description, educational
programs, or publicity. DFA shall also have the right to permit
any person or persons to do the same.
4 . Term of Consignmen
A. The term of the consignment shall be for one year
following the date of installation. The consignment term may be
extended upon written approval, of all parties to this Agreement.
The consignment term may be shortened as described in Section
4 (B) .
B. If the ARTIST sells the Sculpture during any
consignment period pursuant to this Agreement, the Sculpture may
be removed pursuant to the following conditions:
1) ARTIST shall coordinate the removal with CITY to
avoid any damage to CITY facilities.
November 6, 1990
114\a9ree\fineart2.ehs 2
2) If Sculpture is removed pursuant to this section
within six months following the date of installation, Artist
shall reimburse DFA for all installation costs incurred pursuant
to section 3 (A) .
3) All costs identified in Section 3 (B) and
associated with the removal- shall become the •responsibility of ._.. ._. ....: . :
the ARTIST.
4) A commission equal to fifteen percent (15%) of the
sales price shall be paid to DFA if the work is sold while on
exhibit at the Dublin Civic Center.
5 . signs
A. Any signs identifying or associated with the Sculpture
shall be approved prior to installation by CITY as to form,
style, materials, content and location.
B. The cost associated with constructing and installing
any approved sign shall be the responsibility of DFA.
6 . Insurance
A. The CITY maintains liability insurance coverage which
includes CITY facilities and grounds. CITY agrees to maintain
such liability insurance coverage during 'the term of this
consignment and to name DFA as an additional insured under such
coverage.
B. CITY maintains property insurance coverage which is
obtained through a joint purchase with other agencies. CITY
agrees to obtain a certificate of insurance evidencing property
damage insurance coverage of the Sculpture against damage or
destruction. ARTIST agrees that the limit of liability for said
coverage is limited to $100, 000 (One Hundred Thousand Dollars)
per occurrence aggregate. Said insurance coverage would be in
effect upon installation of the Sculpture and would remain in
effect until the end of the consignment period.
C. If ARTIST maintains any form of liability or property
damage insurance coverage, any insurance coverage by CITY
pursuant to this Agreement shall be excess insurance only.
ARTIST shall provide CITY with satisfactory evidence of such
insurance coverage.
November 6, 1990
114\agree\fineart2.ehs 3
7 . Def ects Qr Damac e
A. The ARTIST shall guarantee that, upon installation, the
Sculpture is free of all defects in its design or workmanship.
If, at any time during the consignment period, any defects
attributable to normal wear and tear are observed, ARTIST shall
be notified. ARTIST agrees to promptly and satisfactorily .. ._.. , .. ....
repair, correct or replace said defects at ARTIST' S expense.
B. The risk of loss or damage to the Sculpture shall be
borne by the ARTIST until the Sculpture has been installed and
after it is removed.
C. CITY agrees that it shall be responsible in the event
of accidental damage or destruction of the Sculpture during the
consignment term. Such liability, however, is expressly limited
to the fair market value of the Sculpture. CITY shall not be
liable to ARTIST or DFA for damage to or destruction of the
Sculpture for any amount in excess of the fair market value.
Artist recognizes and agrees that the Sculpture will be displayed
on public property open to the elements and members of the
public. City shall not be responsible for normal wear and tear,
damage caused by the elements, or scratches, abrasions or minor
surface defects caused by exposure to the public or normal and
customary landscape and maintenance activity. The fair market
value of the Sculpture shall be determined by a qualified art
appraiser mutually agreed upon by the Artist and City, but in no
event shall the fair market value exceed $20, 000. The cost of
the qualified art appraiser shall be borne equally by the City
and the Artist.
D. DFA and CITY agree that they will not intentionally
damage, alter, relocate, modify or change the Sculpture in any
way and will take reasonable precaution in order that it will not
be damaged, altered, modified or changed by anyone in any manner.
8 . Notice
All notices herein shall be in writing, by certified mail,
return receipt requested, and shall be served as follows:
To DFA at: DFA President
1 Bates Boulevard, Suite 200
Orinda, CA 94563
November 6, 1990
114\egree\fineart2.eh9 4
To CITY at: City Manager
City of Dublin
100 Civic Plaza
P. O. Box 2340
Dublin, CA 94568
To ARTIST at: Roger Berry
Route 1, Box 341
341 South River Rd.
Clarksburg, CA 95612
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals to this Agreement on the date first written.
The Dublin Fine Arts Foundation The City of Dublin
BY BY
President Paul C. Moffatt, Mayor
Artist Attest:
BY:
Roger Berry Kay Keck, City Clerk
November 6, 1990
114\agree\fineart2.ehs 5