HomeMy WebLinkAboutAgreement - Art Builds Community - Signed: 2026-02-10City of Gilroy
Agreement/Contract Tracking
Today’s Date:
February 10, 2026 Your Name: Kylie Katsuyoshi
Contract
Type:
Other (Non-Standard contracts
must be reviewed by the City
Administrator prior to initiating)
Phone Number: 408-846-0267
Contract Effective Date:
(Date contract goes into effect)
2/11/2026
Contract Expiration Date: 2/11/2031
Contractor / Consultant Name:
(if an individual’s name, format as
last name, first name)
Art Builds Community (“ABC”)
Contract Subject:
(no more than 100 characters)
Installation of an Augmented Reality Public Art Piece for the Womanhood
Project
Contract Amount:
(Total Amount of contract. If no
amount, leave blank)
By submitting this form, I confirm
this information is complete:
➢ Date of Contract
➢ Contractor/Consultant name and complete address
➢ Terms of the agreement (start date, completion date or “until
project completion”, cap of compensation to be paid)
➢ Scope of Services, Terms of Payment, Milestone Schedule and
exhibit(s) attached
➢ Taxpayer ID or Social Security # and Contractors License # if
applicable
➢ Contractor/Consultant signer’s name and title
➢ City Administrator or Department Head Name, City Clerk
(Attest), City Attorney (Approved as to Form)
Routing Steps for Electronic Signature
Department Head
Risk Manager
City Attorney Approval As to Form
City Administrator (if needed)
City Clerk Attestation
Docusign Envelope ID: 9347F122-070C-4D65-A5CA-FE6FF73A48E5
TYPE OF
PROCURMENT
DOLLAR THRESHOLD / SIGNING AUTHORITY
STAFF LEVEL DEPARTMENT HEAD CITY ADMINISTRATOR COUNCIL APPROVAL
$0-$999.99 $1,000-$49,999.99 $50,000-$99,999.99 $100,000-Above
EQUIPMENT
/SUPPLIES/
MATERIALS
Furniture, hoses,
parts, pipe
manholes, office
supplies, fuel, tools,
PPE items, etc…
• Vendor selection at
discretion of staff
Payment Method
Purchase Card or
Payment Request (if
vendor does not accept
credit cards)
• Informal
bid/quotation –
3 quotes (verbal
or written)
• Purchasing
Summary form
w/ Purchasing
Approval
• Purchase
Requisition
Payment Method
Purchase Order*
• Informal
bid/quotation –
3 written quotes
• Purchasing
Summary form w/
City Administrator
Approval
• Purchase
Requisition
Payment Method
Purchase Order
• Formal Bid
• Advertisement
• Council Approval
• Purchase
Requisition signed
by City
Administrator
Payment Method
Purchase Order
GENERAL SERVICES
Janitorial, landscape
maintenance,
equipment repair,
installation, graffiti
abatement, service
inspections,
uniform cleaning,
etc…
• Vendor selection at
discretion of staff
• May require insurance
documents depending
on scope/ nature of
work
Payment Method
Purchase Card (if
incorporated)
Signed Payment Request (if sole
proprietor or partner)
• Informal
bid/quotation –
3 quotes (verbal
or written)
• Purchasing
Summary form
w/ Department
Head Approval
• Standard
Agreement
• Purchase
Requisition
Payment Method
Purchase Order*
• Informal Bid/RFP
quotation – 3
written quotes
• Purchasing
Summary form w/
City Administrator
Approval
• Standard
Agreement
• Purchase
Requisition
Payment Method
Purchase Order
• Formal
Bid/RFP/RFQ
• Advertisement
• Council Approval
• Standard
Agreement
• Purchase
Requisition
Payment Method
Purchase Order
PROFESSIONAL
SERVICES
Consultants,
architects,
designers, auditors,
etc...
• Vendor selection at the
discretion of staff
• Purchase Summary
Form w/ Purchasing
Approval
• Standard Agreement
signed by Department
Head
• Purchase Requisition
Payment Method
Purchase Order
• RFP/RFQ to at
least 3
consultants
• Purchase
Summary Form
w/ Department
Head Approval
• Standard
Agreement
• Purchase
Requisition
Payment Method
Purchase Order
• RFP/RFQ to a list
of consultants
• Evaluation
Spreadsheet w/
City Administrator
Approval
• Standard
Agreement
• Purchase
Requisition
Payment Method
Purchase Order
• Formal RFP/RFQ
• Advertisement
• Council Approval
• Standard
Agreement signed
by City
Administrator
• Purchase
Requisition
Payment Method
Purchase Order
Docusign Envelope ID: 9347F122-070C-4D65-A5CA-FE6FF73A48E5
MOU Agreement between Art Builds Community and City of Gilroy
Page 1 of 6
MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN ART BUILDS COMMUNITY AND THE CITY OF
GILROY
This Memorandum of Understanding (“MOU”) is made by and between Art Builds Community
(“ABC”), located at 510 S.1st Street, San Jose, CA 95113 and the City of Gilroy (“City”), located at 7351
Rosanna Street, Gilroy, CA 95020, each referred to as a “Party” and collectively as “Parties.”
A. Purpose and Scope.
The purpose of this MOU is to clearly define the roles and responsibilities of each party as they
relate to the installation of a marker, consisting of a placard installed on a stand for an augmented
reality public art piece for the Womanhood Project, and its ongoing maintenance for a period of five
years (the “Project”). In particular, this MOU is intended to:
1. Establish each party’s responsibility
2. Establish installation of the Project
3. Establish maintenance of the Project
B. Relationship Among the Parties
Neither Party is by virtue of this MOU authorized as an agent, employee, or legal representative of
the other. Neither Party shall have the power to control the activities and operations of the other.
The Parties’ status at all times will continue to be that of an independent contractor relationship.
C. Background.
The Parties shall partner to establish the Project in the City, with a placard mounted to a pedestal
constructed in a mutually agreed-upon location. The Project will be located in the Gilroy Downtown
Paseo between Gourmet Alley and Monterey Road. Attachment A, a map denoting the intended
location of the Project installation within the Paseo, is hereby attached and incorporated herein by
this reference.
D. Responsibilities of the City.
The City shall undertake the following activities:
1. Provide a public space for the Project installation
2. Coordinate with ABC on the installation of the Project
3. ABC and the City shall jointly conduct semi-annual inspections of the Project to ensure safety,
structural integrity, and overall condition. Findings from these inspections shall be documented
and shared between both Parties, with outlined corrective measures taken as needed
4. Notify the ABC team of any damage observed to the Project due to vandalism, severe weather,
or other unforeseen events
5. Remove graffiti only when it can be addressed with a simple wipe down using standard cleaning
products and notify ABC of this removal
E. Responsibilities of ABC.
ABC shall undertake the following activities:
1. Procure the Project materials for construction, installation, and display
2. All signage, branding, or public information related to the Project must be approved by both the
City and ABC to ensure consistency with City standards and aesthetics. Any proposed signage
shall be submitted to the City for review prior to installation.
3. Perform installation of the Project, per City building codes and manufacturer instructions
4. Provide ongoing maintenance of the Project
Docusign Envelope ID: 9347F122-070C-4D65-A5CA-FE6FF73A48E5
MOU Agreement between Art Builds Community and City of Gilroy
Page 2 of 6
5. In the event of damage to the Project structure due to vandalism, severe weather, or other
unforeseen events, ABC shall solely be responsible for assessing and facilitating all necessary
repairs, including replacement when damaged is beyond repair, without the City incurring any
financial liability. Any graffiti requiring more extensive removal methods than a wipe down
using standard cleaning products shall remain ABC’s responsibility
F. Term and Termination.
The term of this MOU commences on the date this MOU is fully executed and shall remain in effect
for five years, or until terminated. Any Party may terminate this Agreement by written notice to the
other Party of this Agreement. The notice shall specify the effective date and the scope of the
termination.
Upon termination of this MOU, ABC shall coordinate with the City for the removal of the Project
structures, ensuring the installation site is restored to its original condition at ABC’s expense. The
termination notice shall include a detailed plan and timeline for removal and restoration, subject to
City approval.
G. Notices.
All notices, requests, consents, claims, demands, and other communications hereunder shall be in
writing and addressed to the Parties as below:
ABC City of Gilroy Contact
Name Amanda Rawson
Title Partner
Email Address
amanda@artbuildscommunity.com
Phone 409-598-9726
Address 510 South First Street
City, State Zip San Jose, CA 95113
Bryce Atkins
Assistant to the City Administrator
matt.jones@cityofgilroy.org
(408)846-0275
613 Old Gilroy St.
Gilroy, CA 95020
H. Governing Law; Venue.
This MOU will be governed by and construed in accordance with the laws of the State of California.
Proper venue for legal action regarding this MOU shall be in the Superior Court for the County of
Santa Clara.
I. Amendments.
No amendment to, or modification of this MOU is effective unless it is in writing and signed by each
Party. Any unforeseen costs related to emergency repairs, future expansions, or modifications to
the Project shall be discussed and agreed upon by both Parties prior to implementation. Costs shall
be allocated based on mutual agreement, documented through an amendment to this MOU.
J. Successors and Assigns.
Notwithstanding any other provision of this MOU, neither this MOU nor any duties or obligations
under this MOU may be assigned or subcontracted by either party without the prior written consent
of the other party.
K. Force Majeure.
Docusign Envelope ID: 9347F122-070C-4D65-A5CA-FE6FF73A48E5
MOU Agreement between Art Builds Community and City of Gilroy
Page 3 of 6
No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or
breached this MOU, for any failure or delay in fulfilling or performing any term of this MOU, when
and to the extent such Party’s (the "Impacted Party") failure or delay is caused by or results from the
following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire,
earthquake, epidemic, or explosion; (c) war, invasion, hostilities (whether war is declared or not),
terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) national
or regional emergency; and (f) strikes, labor stoppages or slowdowns or other industrial
disturbances; and (g) other similar events beyond the reasonable control of the Impacted Party.
L. Counterparts.
This MOU may be executed in counterparts, each of which is deemed an original, but all of which
together are deemed to be one and the same agreement. Notwithstanding anything to the contrary
in this MOU, a signed copy of this MOU delivered by facsimile, email, or other means of electronic
transmission is deemed to have the same legal effect as delivery of an original signed copy of
this MOU.
M. Entire Agreement.
This MOU constitutes the final, complete, and exclusive statement of the terms of the agreement
between the parties. It incorporates and supersedes all the agreements, covenants, and
understandings between the parties concerning the subject matter hereof, and all such agreements,
covenants, and understandings have been merged into this Agreement. No prior or
contemporaneous agreement or understanding, verbal or otherwise, of the parties or their agents
shall be valid or enforceable unless embodied in this MOU.
N. Third Party Beneficiaries.
This MOU does not, and is not intended to, confer any rights or remedies upon any person or entity
other than the parties.
O. Severability.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid,
illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term
or provision of this Agreement or invalidate or render unenforceable such term or provision in any
other jurisdiction.
P. Indemnity, Duty to Defend.
As to all liability, to the fullest extent permitted by law, ABC shall defend, through counsel approved
by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless the City,
its officers, representatives, agents, and employees against any and all suits, damages, costs, fees,
claims, demands, causes of action, losses, liabilities and expenses, including without limitation
attorneys’ fees, arising or resulting directly or indirectly from any act or omission of ABC or ABC’s
assistants, employees or agents, including all claims relating to the injury or death of any person or
damage to any property.
Docusign Envelope ID: 9347F122-070C-4D65-A5CA-FE6FF73A48E5
MOU Agreement between Art Builds Community and City of Gilroy
Page 4 of 6
IN WITNESS THEREOF, the Parties hereto have caused this MOU to be executed as of the Effective
Date by their respective officers thereunto duly authorized.
CONTRACTOR: CITY:
Art Builds Community (“ABC”) CITY OF GILROY
By: By:
Name: Amanda Rawson Name: Matt Morley
Title: Partner/Research Director/Project
Manager
Title: City Administrator
Date: _________________
Approved as to Form ATTEST:
City Attorney City Clerk
Docusign Envelope ID: 9347F122-070C-4D65-A5CA-FE6FF73A48E5
2/19/2026
MOU Agreement between Art Builds Community and City of Gilroy
Page 5 of 6
Attachment A – Downtown Paseo
Downtown Paseo, the location of the Womanhood Project placard. Red circle indicates location where
the project will be installed.
Docusign Envelope ID: 9347F122-070C-4D65-A5CA-FE6FF73A48E5