20-2186 Adopting Polices and Procedures for Acquisition/De-Acquisition of ArtworkCITY OF MERIDIAN RESOLUTION NO. 20- 2186
BY THE CITY COUNCIL:
BERNT, BORTON, CAVENER,
HOAGLUN, PERRAULT, STRADER
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN, ADOPTING POLICY AND PROCEDURES FOR ACQUISITION AND
DEACQUISITION OF ARTWORK AS RECOMMENDED BY THE MERIDIAN ARTS
COMMISSION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Meridian City Code section 2-2-2(A)(10) charges the Arts Commission with
providing information advancement of publicly accessible arts in the City of Meridian; and
WHEREAS, on September 12, 2019, the Arts Commission unanimously voted to recommend
that the Mayor and City Council adopt, for the benefit of arts programming in the City of Meridian,
the Policies and Procedures for Acquisition and Deacquisition of Artwork, attached hereto as Exhibit
A; and
WHEREAS, the Mayor and City Council find that it is in the best interest of the City of
Meridian to adopt such recommended policies and procedures;
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That the Policies and Procedures for Acquisition and Deacquisition of Artwork
attached hereto as Exhibit A are hereby accepted and adopted by the Mayor and City Council of the
City of Meridian.
Section 2. That the Arts & Culture Coordinator is authorized to implement and carry out the
policies and procedures set forth therein.
Section 3. That this Resolution shall be in full force and effect immediately upon its adoption
and approval.
2020.
ADOPTED by the City Council of the City of Meridian, Idaho, this 21st day of January,
APPROVED by the Mayor of the City of Meridian, Idaho, this 21st day of January, 2020.
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RESOLUTION ADOPTING POLICY AND PROCEDURES FOR ACQUISITION AND DEACQUISITION OF ARTWORK PAGE 2
EXHIBIT A
POLICY AND PROCEDURES FOR ACQUISITION AND DEACQUISITION OF ARTWORK
Meridian City Council Meeting Agenda January 21, 2020 – Page 240 of 246
ACQUISITION AND DEACQUISITION OF ARTWORK PAGE 1
SUBJECT : POLICIES AND PROCEDURES FOR ACQUISITION AND DEACQUISITION OF
ARTWORK
PURPOSE : To establish policies and procedures related to acquisition (inclusion of new
artwork on City asset inventory) and deacquisition (retirement of artwork from
City asset inventory) of visual artwork by the City of Meridian.
POLICY AND PROCEDURES :
I. Definitions
As used in this document, these terms shall be defined as follows:
A. Acquisition: Acceptance of a piece of artwork for inclusion in the City’s asset inventory
by any means, including by purchase, commission, gift, or delivery pursuant to written
instrument.
B. Deacquisition: To remove a piece of artwork from the City’s asset inventory and transfer
ownership of such artwork to another individual or entity.
C. Decommission: To remove a piece of artwork from the City’s asset inventory and
destroy, dismantle, or discard such artwork.
D. Artwork: A two- or three-dimensional, original or derivative artifact that an individual
(or individuals) originates and creates (or causes or allows to be created) with the intent
to: convey a message; inspire thought, emotion, or dialogue; highlight an aspect of
nature, society, or humanity; and/or memorialize or honor a particular person, act, or
event. Generally, the following items do not constitute artwork for purposes of this
policy, though such items may be deemed artworks where otherwise appropriate: mass-
produced items, seasonal decorations, furniture, flags, infrastructure, or design elements.
II. Statement of Policy and Purpose
These Policies and Procedures for Artwork Acquisition and Deacquisition shall apply to a
decision by the City of Meridian to acquire, deacquisition, or decommission visual artwork.
In addition to these Policies and Procedures for Artwork Acquisition and Deacquisition, all
provisions of the City of Meridian Purchasing Policy shall apply. In the event that the terms
of the Purchasing Policy conflict with the terms of these Policies and Procedures for Artwork
Acquisition and Deacquisition, the terms of the Policies and Procedures for Artwork
Acquisition and Deacquisition shall govern. In the event that the terms of the Purchasing
Policy or the terms of the Policies and Procedures for Artwork Acquisition and Deacquisition
Meridian City Council Meeting Agenda January 21, 2020 – Page 241 of 246
ACQUISITION AND DEACQUISITION OF ARTWORK PAGE 2
conflict with a written agreement between the City of Meridian and another party, the terms
of the written agreement shall govern.
III. Policies and Procedures for Acquisition of Artwork
A. Collections Management
The Finance Department’s asset inventory includes a continuously maintained inventory of
all artworks owned by the City of Meridian, with estimated valuations of same, principally
for insurance purposes. The Meridian Arts Commission (“MAC”) is charged with
identifying and recommending to the Finance Department which City assets are artworks.
As requested by the Finance Department, MAC shall assist with proper documentation and
cataloguing of artwork.
The City’s Facilities Manager shall oversee the assessment, treatment, maintenance and
relocation of artwork. Prior to treating, maintaining, relocating, cleaning, or repairing
artwork, the Facilities Manager shall first consult the Meridian Arts Commission and, as may
be necessary, any other art conservators or independent contractors who can assist in
compliance with currently accepted standards of care and conservation. Efforts to notify
artists are to be guided by the professional services agreement with the artist, or reasonable
efforts may be made to contact the artist regarding repairs to their works.
B. Purchase of existing artwork
The purchase of existing artwork is governed by the City’s Purchasing Policy. Best practices
for the purchase of existing artwork, particularly existing original artwork, includes
execution of a purchase agreement that establishes terms and conditions of the purchase
including: purchase price; method of payment; whether framing, installation hardware,
and/or installation is included in the purchase price; delivery date and what signifies delivery;
allocation of risk of loss prior to and after delivery; owner of copyright; any reservation of
right to reproduce the work; any obligation to identify artist as the creator of the work, either
in the vicinity of the work or in subsequent reproduction or portrayal of the work; waiver and
relinquishment of rights under the Copyright Act of 1976, the Visual Artists’ Rights Act of
1990, and/or the rights of attribution and integrity per 17 USC § 106A; moral right and City’s
obligation to avoid misuse, discredit, violation of the spirit of the work, or other damage to
the work or the artist’s reputation; obligation to display and right to remove; and rights and
obligations regarding alteration, restoration, and retransfer of the work.
C. Purchase of new artwork
One of the following selection methods, or any combination or iteration thereof, may be used
to select artists or artist teams for eligible public art projects.
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ACQUISITION AND DEACQUISITION OF ARTWORK PAGE 3
1. Request for Qualifications
This method generally applies when a certain type of artwork or certain qualifications
and experience are required. A request for qualifications (“RFQ”) is issued, and the
invitation to respond is open to all eligible artists. The RFQ should describe the purpose
of the solicitation, selection criteria, selection process, timeline, whether the selection is
limited to a single artist or team of artists, how many artists/teams may be selected, and
other parameters and expectations. Required proposal materials may include written
materials, portfolio samples, prior experiences, and references.
A selection panel is convened to review the submitted proposals and materials, and
selects the specified number of artists/teams.
2. Call to Artists/Request for Proposals
A call to artists or request for proposals (“RFP”) is issued. Issuance of the call to artists
or RFP may, but does not have to, be preceded by an RFQ. The invitation to respond is
open either to all eligible artists, or, if preceded by an RFQ, the invitation to respond shall
be open only to the artists selected as the result of that process. Generally, eligibility is
specifically outlined in the call to artists, and may include defined limitations based on
geographical criteria, prior experience, professional licensure, medium, etc. The call to
artists should describe the purpose of the project, location, selection criteria, selection
process, timeline, whether the selection is limited to a single artist or team of artists, and
other processes, parameters, and expectations. Required proposal materials may include
maquettes or other displays, digital renderings, drawings, written materials, budgetary
information, contractor information, detailed plans, timelines, etc.
Public art, by definition, includes the solicitation of input from the public regarding its
selection. To that end, public input on proposals received may be solicited from the
public at large, one or more City-appointed citizen commissions, or a focus group
convened by the selection panel, MAC, or the City. Any and all public input collected
should be considered by the recommending and deciding bodies, but it is not necessary
that the public input dictate the final decision.
A selection panel is convened to review the submitted proposals, materials, and public
input. (The selection panel may select finalists prior to soliciting public input, as outlined
in the call to artists; this may, but need not, occur via RFQ.) The selection panel may
receive in-person presentations by the submitting artists.
Following its review, the panel prepares a recommendation to be presented to MAC.
MAC is charged with considering the selection panel’s recommendation and forwarding
a recommendation to City Council. City Council reviews the recommendation and
determines whether to approve MAC’s recommendation, giving due consideration to the
recommended proposal, public input received, and the recommendations of the selection
panel, MAC, and, where applicable, individuals representing any other involved City
department or commission.
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The City Attorney’s Office shall prepare a professional services agreement establishing
the terms and conditions of fabrication and installation of the artwork. Following
installation of the artwork, the City Attorney’s Office shall prepare for City Council’s
approval and the Mayor’s signature a resolution signifying final acceptance of the
artwork. The Arts & Culture Coordinator shall notify the Finance Department of the
acquisition and request that the artwork be added to the City inventory, and shall notify
the Office of Risk Management and request that the artwork be added to the City’s
insurance policy.
3. Commissioning artwork
Design, fabrication, and installation of artwork is a professional service. As such, it is
lawful to approach a particular artist directly to request that he or she provide these
services for the City. MAC should provide input on any decision by the City to
commission artwork.
Following installation of the artwork, the City Attorney’s Office shall prepare for City
Council’s approval and the Mayor’s signature a resolution signifying final acceptance of
the artwork. The Arts & Culture Coordinator shall notify the Finance Department of the
acquisition and request that the artwork be added to the City inventory, and shall notify
the Office of Risk Management and request that the artwork be added to the City’s
insurance policy.
D. Gifts of artwork
A potential donor who wishes to donate artwork to the City of Meridian shall contact the
Arts & Culture Coordinator to provide the following information: photographs and
description of the proposed gift, including the artist’s name, name of the artwork,
provenance, size, medium/media, and proposed location of display, if any. The Arts &
Culture Coordinator shall make a preliminary determination regarding whether the
proposed gift is of appropriate theme, character, design, and condition for public display;
whether it is comprised of the highest quality design, materials and construction; whether
the City has adequate resources to install, sign, and maintain the artwork; and whether the
artwork is designed to retain its intended appearance and function over a substantial
period of time.
If, as a preliminary matter, the artwork does generally appear to meet this criteria, the
City of Meridian Arts & Culture Coordinator shall work with the MAC president to
schedule the matter for consideration by MAC. MAC shall review the information
provided by the Arts & Culture Coordinator and prepare a recommendation regarding
whether to approve the acquisition. MAC shall forward its recommendation to the
Mayor, and may include a recommendation regarding a suitable location for the artwork.
Following a decision to accept the artwork, the City Attorney’s Office shall prepare for
City Council’s approval and the Mayor’s signature an acceptance agreement establishing
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terms and conditions of the gift. Upon receipt of the gift, the Arts & Culture Coordinator
shall notify the Finance Department of the acquisition and request that the artwork be
added to the City inventory, and shall notify the Office of Risk Management and request
that the artwork be added to the City’s insurance policy.
IV. Deacquisitioning Artwork
The City may deacquisition artwork when conditions require or when such action would
improve or refine the City’s artwork or asset inventory. The City shall donate or sell any
deacquisitioned artwork to another public or non-profit entity. Reasons for deacquisitioning
may include, but are not limited to, situations where: the use of the site has changed; the
artwork is no longer appropriate; the artwork cannot be reasonably protected or maintained;
cost to maintain, preserve, or restore the artwork is excessive; the artwork was commissioned
or accepted with the provision or understanding that it was to have a limited lifecycle or
installation period; or MAC or the City Council finds that it is in the best interest of the
citizens of Meridian to deacquisition the artwork.
MAC shall hear and consider all proposals to deacquisition artwork. MAC shall forward its
recommendation and reasoning regarding deacquisition, and a recommendation regarding the
entity to which the artwork should be donated or sold, to City Council. City Council shall
consider the recommendation and make the final decision regarding deacquisition.
Following City Council’s decision to deacquisition artwork, the City Attorney’s Office shall
prepare for City Council’s approval and the Mayor’s signature a resolution signifying same.
Following execution of the resolution, the Arts & Culture Coordinator shall effectuate the
donation or sale of the artwork; notify the Finance Department of the deacquisition and
request that the artwork be deleted from the City asset inventory; and notify the Office of
Risk Management to request that the artwork be removed from the City’s insurance policy.
V. Decommissioning Artwork
The City may decommission artwork where appropriate, including where the artwork has
been damaged beyond reasonable repair; the artwork has fulfilled its purpose or reached the
end of its anticipated lifespan; or, in response to an application to decommission artwork,
City Council finds that it is in the best interest of the citizens of Meridian to decommission
the artwork.
Where time and conditions permit, MAC shall hear and consider all proposals to
decommission artwork. MAC shall forward its recommendation and reasoning regarding
decommission to City Council. City Council shall consider the recommendation and make
the final decision regarding decommission. Following City Council’s decision to
decommission artwork, the City Attorney’s Office shall prepare for City Council’s approval
and the Mayor’s signature a resolution signifying same. Following execution of the
resolution, the Arts & Culture Coordinator shall effectuate the disposal of the artwork; notify
the Finance Department of the decommission and request that the artwork be deleted from
the City asset inventory; and notify the Office of Risk Management to request that the
artwork be removed from the City’s insurance policy.
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Any person may request to decommission a piece of artwork by submitting a written request
to the Meridian City Clerk within one hundred eighty (180) days of City’s acceptance of the
artwork. Such request must describe the reason(s) for the request. Anonymous requests will
not be considered. Requests received more than one hundred eighty (180) days after City’s
acceptance of the artwork shall not be considered. Upon receipt of a timely written request,
the City Clerk shall forward the request to the chair of MAC for consideration at the next
regularly scheduled MAC meeting. MAC shall accept written and verbal public testimony,
and may consult the artist or other experts regarding the request. Following deliberations,
MAC shall recommend that the request be granted or denied. MAC’s decision may be
appealed to City Council by any person. Such appeal shall be in writing and must be
submitted to the Meridian City Clerk within fourteen (14) days of MAC’s decision. Upon
receipt of a timely written appeal, the City Clerk shall schedule the appeal for consideration
at the next regularly scheduled City Council meeting. City Council shall accept written and
verbal public testimony, and shall consider MAC’s recommendation and reasoning. City
Council’s decision on the request shall be a final decision.
VI. Moving Artwork to a Different Location
The City may move artwork to different location or City facility at the discretion of the
Mayor, with MAC’s input and City Council’s consent, pursuant to the Mayor’s authority
under Idaho Code section 50-603. It may be appropriate to relocate site-specific artwork
where: the condition or security of the artwork can no longer be reasonably assured at its
current site; the artwork has become a danger to public safety in its current site; or the site
has changed so that the artwork is no longer compatible as placed.
Meridian City Council Meeting Agenda January 21, 2020 – Page 246 of 246