The URL can be used to link to this page

Home My WebLink About2012-03-27 - AGENDA REPORTS - GIFTS ARTWORK POLICY (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT: Agenda Item: 6 CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by: March 27, 2012 I A4& Rick Gould CITY POLICY FOR GIFTS, ACQUISITIONS, AND LOANS OF ARTWORK TO THE CITY OF SANTA CLARITA Parks, Recreation and Community Services RECOMMENDED ACTION City Council adopt the policy on Gifts, Acquisitions, and Loans of Artwork to the City of Santa Clarita. BACKGROUND As part of the Arts Commission Arts Blueprint, Phase I, the Art in Public Places section of the document contained a recommendation to develop a public art donation policy for City Council adoption. Concurrent with the development of the Arts Blueprint document, the City Council directed staff to develop an art donation policy. Staff developed the attached art donation policy to meet both the Arts Blueprint recommendation, and to fulfill the City Council's request. The Arts Commission approved the attached policy at their March 8, 2012, Commission meeting and recommends adoption of the policy by the City Council. ALTERNATIVE ACTIONS Other action as determined by the City Council. FISCAL IMPACT None by this action. A'FR VED ATTACHMENTS Proposed Policy on Gifts, Acquisitions., and Loans of Artwork to the City of Santa Clarita 0 :-3 City of Santa Clarita y POLICY/PROCEDURE SUBJECT: GIFTS, ACQUISITIONS, AND LOANS OF Number _ — — ARTWORK TO THE CITY OF SANTA CLARITA ORIGINAL .ISSUE: 03/08/2012 EFFECTIVE: 03/08/2012 CATEGORY: ARTS COMMISSION CURRENT ISSUE: 03/08/2012 EFFECTIVE: 03/08/2012 SUPERSEDES: RESPONSIBLE DEPARTMENT: PARKS, RECREATION, AND COMMUNITY SERVICES I. PURPOSE This policy is intended to establish procedures for gifts or donations, temporary loans, and acquisitions of artwork (either through purchase, commission, or donation) to the City of Santa Clarita at an appraised value of $500.00 or more. Only artworks that enhance public spaces, are of the highest quality and have minimal maintenance requirements will be considered. This policy is intended for original artworks only, and does not apply to decorative pieces that are reproductions or mass produced items. These guidelines provide a process for review, acceptance, placement, insurance, and maintenance. II. APPROVAL PROCESS FOR GIFTS/DONATIONS/LOANS The donor will meet with Arts and Events Office staff and present the work. A photograph, provenance of the artwork, dimensions, medium, date of creation, biographical information on the artist, and current appraisal and maintenance requirements must be presented at that time. The donor may propose a site. Staff will review the proposal ori the basis 'of aesthetic quality, relationship of the artist or artwork to the City of Santa Clarita, site availability, condition of the artwork and installation and maintenance requirements. The donor and/or staff will present the artwork to the Arts Commission for their review; staff will make a recommendation to the Commission to accept or reject the gift, loan or donation and applicable conditions. 'The Commission will make a recommendation to the City Council to accept or reject the artwork. The City Council has the final authority. III. MEDIA Artwork of any media and any size will be considered, including but not limited to: painting, both portable and permanent works; sculpture, including in the round, bas-relief, mobile, kinetic, fountains, etc. in any material or combination of materials; other visual media including prints, drawings, stained glass, photography, clay, wood, plastic, or combination of materials. :-3 IV. SITE Staff will locate an appropriate site for the accepted and/or approved artwork. Staff will contact the appropriate Department Director or his/her designated representative regarding the site and only proceed at that location upon their approval. Community meetings will be held when appropriate. Artworks may be re-sited periodically. V. INSTALLATION Staff will coordinate installation with the Department Director or his/her designated representative. A label identifying the artwork, artist, and donor/lender will be installed near the artwork. All costs associated with installation will be incurred by the donor unless specific funds are available and approved in advance. VI. MAINTENANCE No artwork will be accepted by the City unless maintenance requirements have been specified in advance. In some cases funds for on-going maintenance may be required prior to acceptance of a gift. Maintenance, repair, and restoration will be coordinated by Arts and Events Office staff and will be paid for by the City, if artwork is owned or accepted by the City, unless other arrangements are made in advance. VII. INSURANCE While the artwork is in the possession of the City of Santa Clarita, either through gift or temporary loan, the City will not assume responsibility for damage or theft of artwork. VIII. SPECIAL TERMS FOR ARTWORK LOANS A. A time period for the loan must be specified. B. The Lender must sign an agreement with. the City agreeing to lend the work. C. The Lender will acknowledge that a risk of damage, loss, vandalism, or theft is inherent in a public loan or display. If the Lender has property or casualty insurance that covers the artwork, and if damage, loss, vandalism'or theft occurs to the Lender's artwork while it is on loan to the City, then the Lender must seek payment from the Lender's insurance company, whose insurance coverage is primary to the City's self- insurance and the City's other insurance policies. D. Regardless of whether the Lender has property or casualty insurance, the City's liability to the Lender for damage or vandalism to, or loss or theft of, the Lender's artwork is limited to the following: D.1. Damage, Loss or Vandalism. Although the City will exercise due care in handling and exhibiting the Lender's artwork, the City will be liable to the Lender for damage or vandalism to, or loss of, an artwork when the damage or loss is caused by only a negligent act of the City or its officers, agents or employees. The Lender (a) releases and holds harmless, (b) will not make a claim against or sue, and (c) waives a right of recovery against: the City and its officers, agents or employees for damage or vandalism to, or loss of, one or more of the Lender's artwork, arising out of a person's negligent or intentional act, or other act, 4however caused. D.2. Theft. The City will be liable for theft of an artwork on loan only when it is stolen by an officer, agent or employee of the City. The Lender (a) releases and holds harmless, (b) will not make a claim against or sue, and (c) waives a right of recovery against: the City and its officers, agents or employees for theft, by any person and however caused, of one or more of the Lender's artwork. D.3. Liability Insurance. The City is self-insured for bodily injury, personal injury, and property damage arising out of its officers', agents', and employees' acts or omissions. Before the Lender delivers any artwork to the City, the Lender must furnish satisfactory evidence of liability insurance by delivering to the City a "certificate of insurance" and "an additional insured endorsement." The Lender's insurance company or its agent must sign these documents, which must state that the Lender's insurance policy: (a) is primary to the City's self-insurance and insurance policies, (b) applies separately to each insured, and (c) provides 30 days written notice to the City before the insurance company cancels, non -renews, or reduces the policy's coverage. IX. DISPOSITION OF THE ARTWORK A. Relocation. It is the hope of the Arts Commission that by working with City staff and community groups in the placement of artwork that a sense of ownership will develop so that a request to relocate the work will not arise. Requests from the public will not be considered until the artwork has been in place for at least one year, allowing time for the City and community to live with and familiarize itself with the work. If the work is temporarily sited, removal will not be considered until 60% of the loan period has elapsed. B. Sales. In the event that the artwork must be sold, the donor will have the first right of refusal; the artist will have the second. Any proceeds arising from the sale of artwork will go to a fund established by the Arts Commission to fund art in public places projects, or as otherwise designated by the City Council. X. EXCEPTIONS There are no exceptions to, this Policy without the express authorization of the City Manager. XI. AUTHORITY By the authority of the City Manager. ' Kenneth R. Pulskamp City Manager