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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. APPROVED: PQo�`TE° AocusATTEST: ���C11Vof w; �-�Vl E IDIA Mayor Ro �rt E Simison ;� AN ohn o ity Clerk ��- SEAL Fyr� `c RESOLUTION ADOPTING POLICY AND PROCEDURES FOR ACQUISTTION AND DEACQUISTrION OF ARTWORK Zo -2A�, PAGE 1 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. Meridian City Council Meeting Agenda January 21, 2020 – Page 242 of 246 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. Meridian City Council Meeting Agenda January 21, 2020 – Page 243 of 246 ACQUISITION AND DEACQUISITION OF ARTWORK PAGE 4 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 Meridian City Council Meeting Agenda January 21, 2020 – Page 244 of 246 ACQUISITION AND DEACQUISITION OF ARTWORK PAGE 5 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. Meridian City Council Meeting Agenda January 21, 2020 – Page 245 of 246 ACQUISITION AND DEACQUISITION OF ARTWORK PAGE 6 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