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Agenda Item - 2002-05-21 - Number 5.1 - 5. 1 AM CITY OF LAKE OSWEGO 05/21/02 AGENDA REPORT SUMMARY MEETING DATE: May 2, 2002 SUBJECT: Resolution 02-26. A Resolution of the City Council of the City of Lake Oswego adopting the Public Art Guidelines to consolidate and streamline the policies and guidelines relating to the maintenance and development of the city's art collection. RECOMMENDED MOTION: Adopt Resolution #02-26. EST. FISCAL ATTACHMENTS: NOTICED (Date): IMPACT: • May 1, 2002 Gilmer STAFF COST: $none memo • Resolution # 02-26 BUDGETED: • —Exhibit A Public Art Ordinance no.: Y_ N Guidelines Resolution no.: 02-26 FUNDING SOURCE: Previous Council consideration: no jaii/A/V D PT. D RECTOR ASST. CITY MANAGER CITY MidAGER 5/7/0 7 7 �t.7 02, sign signoff/date signoff/date • - • 1 K:\Kristi\rptcov.99 O LAKE Osfy G f C0 irs,III► Parks and Recreation Department Memorandum To: Doug Schmitz,City Manager From: Kim Gilmer, Parks&Recreation Director Subject: Resolution 02-26 Public Art Guidelines Date: May 1, 2002 ACTION The Arts Commission is requesting that the City Council adopt Resolution 02-26 that establishes the Public Art Guidelines as the governing policy document for maintenance and development of the city's art collection. BACKGROUND The Arts Commission has been operating under two separate policies that govern the administration of the city's art collection and 1.5% Percent for Art program. These two policies are the Permanent Art Collection Policy, and the Percent for Art Guidelines. Ordinance 2062,which created the Lake Oswego Arts Commission in 1992, states that the Arts Commission will: • Establish criteria and make decisions based on these criteria regarding the acquisition and disposition of artwork by the City. • Catalog and maintain the City art collection. Within the year, the Commission drafted and adopted the Permanent Art Collection Policy to oversee and administer the City's collection. The Permanent Art Collection Subcommittee was formed,made up of Arts Commission members and community volunteers, to oversee the city's art collection and administer the acquisition and deaccessioning of art. On November 16,1993, the Council passed Ordinance 2078 that created the Percent for Art Program. The ordinance outlined specific requirements for qualified projects, • . 3 sources of funding, and selection committees. It also required that the Arts Commission, once again, develop guidelines for administering the Percent for Art Program. On September 6, 1994 Resolution 94-53 was passed adopting the Percent for Arts Guidelines. The Guidelines more clearly explain how to administer the Percent for Art Program. In addition to the above stated policies, the City Council adopted Resolution 02-10 on February 5,2002 establishing a special public process for purchasing art from the Arts Downtown exhibit. On February 19,2002,the City Council clarified the process by adopting Resolution 02-17. DISCUSSION Both the Permanent Art Collection Policy and the Percent for Art Guidelines address various aspects of managing and maintaining the City's art collection. However, significant overlap and inconsistency exists between the policies,which has caused much confusion in applying the various guidelines making interpretation difficult for new commission members. An example of this inconsistency and interpretation issue is the membership of the"selection committee". The process is further complicated because very little percent for arts money has actually been spent, so the practicality of the policy has not been tested. For these reasons, the Commission decided it was time to combine and rewrite the policies to eliminate confusion and bring them up to date with current practices. The attached Public Art Guidelines is a comprehensive compendium of all policies and guidelines currently used by the Arts Commission in maintaining and developing the city's art collection. The Guidelines are intended to be the sole reference used by the Arts Commission and can be updated as needed. It includes procedures specifying who is responsible for maintaining the collection and what procedures must be followed;how the percent for art program is administered; the process for accepting donations and memorials;the circumstances under which the city will loan art from the art collection; and the recently adopted Arts Downtown purchase policy. RECOMMENDATION Two options are available: 1. Adopt the Public Art Guidelines, replacing the Permanent Art Collection Guidelines and the Percent for Art Guidelines as the governing policy document for maintenance and development of the city's art collection. 2. Do not adopt the Public Art Guidelines. Staff is recommending adoption of the Public Art Guidelines. 4 RESOLUTION 02-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO ADOPTING PUBLIC ART GUIDELINES CONSOLIDATING AND STREAMLINING THE EXISTING POLICIES AND GUIDELINES RELATING TO THE MAINTENANCE AND DEVELOPMENT OF THE CITY'S ART COLLECTION AND RELATING TO THE PERCENT FOR ART PROGRAM. WHEREAS, on July 22, 1992 the City Council adopted Ordinance 2062 establishing the Lake Oswego Arts Commission; and WHEREAS, Ordinance 2062 states that a portion of the Arts Commission duties are to establish criteria and assist in the acquisition and disposition of art work by the City; and to catalog and maintain the City art collection; and WHEREAS,the Arts Commission developed the Permanent Art Collection Policy as a general guideline for overseeing the City's art collection and administering the acquisition and deaccessioning of art work; and WHEREAS, on November 16, 1993 the City Council adopted Ordinance 2078 establishing a Percent for Art Program; and WHEREAS, Ordinance 2078 requires that the Arts Commission develop and recommend guidelines for administration of the Percent for Art program; and WHEREAS, on September 6,1994, upon the recommendation of the Arts Commission, the City Council adopted Resolution 94-53 establishing the Percent for Art Guidelines; and WHEREAS on February 5, 2002, the City Council adopted Resolution 02-10 establishing a special public selection process for purchasing art from the Arts Downtown Exhibit; and WHEREAS on February 19, 2002, the City Council adopted Resolution 02-17 clarifying Resolution 02-10; and WHEREAS,the City Council finds that it is desirable to eliminate overlap and inconsistency among the existing policies and guidelines by streamlining and consolidating them into a single compilation titled Public Art Guidelines; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that: Section 1. The Public Art Guidelines attached as Exhibit A are hereby adopted. Section 2. Resolution 94-53 (Percent for Art Guidelines) is hereby repealed. Section 3. The Permanent Art Collection Policy is hereby repealed. 5 Section 4. Resolution 02-10 (adopting a policy for selecting art from the Arts Downtown Exhibit) is hereby repealed. Section 5. Resolution 02-17 (clarifying the policy established by Resolution 02-10) is hereby repealed. Section 6. This Resolution shall be effective upon its passage. Considered and enacted at the regular meeting of the City Council of the City of Lake Oswego, on the day of , 2002. AYES: NOES: EXCUSED: ABSTAIN: Judie Hammerstad, Mayor ATTEST: = Robyn Christie, City Recorder APPROVED AS TO F *--‘,/ A9 City Attorney's Office - 6 CITY OF LAKE OSWEGO PUBLIC ART GUIDELINES Section 1. INTRODUCTION r ft� • 1.1 -Definitions Section 2. PUBLIC ART COMMITTEESi II /4"Z Section 3. MAINTENANCE OF COLLECTION Section 4. ACQUISITION OF ARTWORK Section 5. PERCENT FOR ART PROGRAM Section 6. DEACCESSIONING WORKS OF ART Section 7. DONATIONS & MEMORIALS POLICY Section 8. LOANS FROM THE COLLECTION Section 9. ARTS DOWNTOWN PURCHASE POLICY Section 10. EXHIBIT A—Ordinance 2078 Percent for Arts Program 7 8 1. INTRODUCTION The art collection of Lake Oswego represents a cultural, recreational and educational resource that is held in trust for the public. The art collection is significant to Lake Oswego's quality of life and complements the City's mission of enhancing the lives of its citizens. The Lake Oswego Arts Commission is responsible for maintaining and developing the City's public art collection. The guidelines contained in this document define how the collection shall be maintained and developed. 1.1 Definitions General Definitions "Advisor:" A professional asked by the Public Art Committee to provide advice on some aspect of a project. "Architect/Engineer:" The person or firm designing the improvement project to which the 1.5 % funding applies. Where architect/engineer is a firm, the term architect/engineer shall mean the principal of that firm in charge of designing the improvement project to which the 1.5 % funding applies. "Artist:" A practitioner in the arts, generally recognized by critics and peers as a professional of serious intent and recognized ability who produces works of art and is not a member of the project architectural firm. "Arts Commission" — The 13 member Commission, appointed by the Mayor with approval from the City Council, whose duty is to promote, enhance, and contribute to the success of the arts in Lake Oswego. "Call For Artists" — An open competition where any artist is invited to submit works of art or delineated proposals for consideration. Proposals are reviewed and an artist is selected for the project. "Capital Improvement Program (CIP):" The City's program for advance planning of capital improvements. "City Project:" Any capital project in an amount over $25,000 paid for wholly or in part by the City of Lake Oswego to purchase, construct, rehabilitate or remodel any building, decorative or commemorative structure, park, parking facility or any portion thereof within the limits of the City of Lake Oswego. "Project" does not include street, pathway Public Art Guidelines,DRAFT 5/1/02 9 or utility construction, emergency work, minor alterations ordinary repair or maintenance necessary to preserve a facility. "Consultant:" A paid professional in the arts field of regional, national or international status, hired by a selection committee or Public Art Committee to share his/her expertise. "Deaccessioning: " Relinquishing title to a work of public art. "Eligible Funds:" A source of funds for projects from which art is not precluded as an object of expenditure. "Participating Department:" The department that sponsors a City project subject to the 1.5 Percent for Art Program. "1.5 Percent for Art Program" - The Program established to set aside a percentage of the total cost of eligible City projects for public art as per the Percent for Art Ordinance No. 2075. "Permanent Art Collection:" All works of art owned by the City of Lake Oswego, either site specific or part of a portable collection, which may rotate through public buildings. "Pre-Qualified List:" A list of artists deemed appropriate for 1.5 Percent for Arts projects by satisfying criteria outlined by the Public Art Committee. The list may be created and updated by the Public Art Committee and may be used as a starting point for "invitation only" competitions, as well as a tool for generating ideas for a project. "Public Art:" All forms of original works of art accessible to the public and/or public employees including: 1. Painting of all media, including both portable and permanently fixed works, such as murals; 2. Sculpture which may be in the round, bas-relief, high-relief, mobile, fountain, kinetic, electronic and others, in any material or combination of materials; 3. Other visual media including, but not limited to prints, drawings, stained glass, calligraphy, glass works, mosaics, photography, film, clay, fiber/textiles, wood, metals, plastics or other materials or combination of materials, or crafts or artifacts; 4. Works of a wide range of materials, disciplines and media which are of specific duration, including performance events, and which are documented for public accessibility after the life of the piece has ended; 5. Art works that possesses functional as well as aesthetic qualities. Public Art Guidelines,DRAFT 5/1/02 0 "Public Art Committee:" The committee appointed by the Arts Commission to maintain and develop the City's public art collection, and to provide oversight for the 1.5 Percent for Art process. The Public Art Committee develops policies and goals for the selection, placement and maintenance of works of art acquired through the 1.5 Percent for Art Program. The committee has approval authority within the artist selection process, evaluates and/or causes to be evaluated by others the public art collection, recommends uses for Public Art Trust Fund monies, considers projects by private developers and citizens which would result in a piece or pieces of public art, and responds to any other public art initiatives. The committee shall consist of a maximum of (7) members. "Public Art Trust Fund:" A City fund or account into which all 1.5 Percent for Art monies shall be deposited. Monetary contributions for public art, and proceeds from the deaccessioning of public art, shall also be deposited into the Public Art Trust Fund. Funds within the Public Art Trust Fund shall be solely utilized for the purpose outlined in the Percent for Art Ordinance No. 2075. "Staff Liaison:"The staff person appointed to facilitate the Arts Commission. "Total cost:" The entire amount of the City's contribution towards the price for construction of a project. "Total Cost" does not include costs for design and engineering, administration, fees and permits, building demolition, relocation of tenants, contingency funds, change order costs, environmental testing or indirect costs, such as interest during construction, advertising and legal fees. Public Art Guidelines,DRAFT 5/1/02 11 2. PUBLIC ART COMMITTEE The Lake Oswego Arts Commission is the sole authority for maintaining and developing the City of Lake Oswego art collection. The Lake Oswego Arts Commission may delegate this authority to the Public Art Committee at its discretion. 2.1 Role of the Public Art Committee The Public Art Committee shall maintain the public art collection, and review and recommend to the Arts Commission all proposed accessions to and deaccessions from the art collection of Lake Oswego. Specific duties include: 1. Maintenance of city art collection — Maintain a current listing of all holdings in the collection, conduct an annual review, and see that necessary repairs are performed. 2. Development of a list of potential or desired sites for future accessions. For each site, the list shall specify the goals for, and conditions on, the type of art to be placed there. 3. Development of the collection by acquiring artwork through various means of acquisition. This may include using funds from the 1.5 Percent for Art program or other city funds to purchase or commission works of art; and accepting donations of art or funds to purchase art from individuals or organizations. 4. Removing works of art from the collection that do not meet the goals of the collection or are damaged beyond repair. 5. Recommending uses for Public Art Trust Fund monies generated through the 1.5 Percent for Art Program. 6. Considering projects by private developers and citizens that would result in a piece or pieces of public art, and responding to any other public art initiatives. 2.2 Membership Public Art Committee members shall be selected on the basis of their knowledge of and familiarity with the arts and their understanding of the needs of the Lake Oswego community. The Public Art Committee shall be composed of seven to nine members drawn from the community, citizens, and the Lake Oswego Arts Commission. Members must reside Public Art Guidelines,DRAFT 5/1/02 12 within the City of Lake Oswego Urban Service Boundary of the Lake Oswego Comprehensive Plan. Appointment to the Public Art Committee will be recommended by the chair of the Lake Oswego Arts Commission and chair of the Public Art Committee and approved by the Lake Oswego Arts Commission. Committee membership shall include the following: • A member of the Arts Commission, who shall serve as chair. • Two (2) artists from the community. • A landscape architect and/or architect. • Three (3) interested citizens. 2.3 Term Members of the Public Art Committee shall serve a term of three years. After serving a term, members are eligible to serve again after a one year absence from the committee. Initial terms shall be staggered so that terms do not expire for all members at the same time. Should there be difficulty in filling positions, as determined by the Arts Commission, members may be allowed to serve another consecutive 3 year term without a one year absence from the committee. 2.4 Meeting Schedule The Public Art Committee shall meet only when it has business to transact. Public notice shall be given in advance of all meetings to conform to open public meetings law. 2.5 Conflict of Interest During their tenure, members of the Public Art Committee shall refrain from activities that represent a conflict of interest. A member must not undertake any action or any decision or recommendation as a committee member, the effect of which would be to the private pecuniary benefit or detriment of the person or the person's relative or any business with which the person or a relative of the person is associated. Public Art Guidelines,DRAFT 5/1/02 13 Members of the Public Art Committee, and consultants and appraisers that the committee may engage, must have no financial interest in any art piece under consideration by the committee, even if the financial interest is limited to an artist spouse or relative. No committee member shall have any interest in any art consultant or art appraisal firm engaged by the Public Art Committee. Any member of the Public Art Committee must also declare a conflict of interest and refrain from participating if a person with whom he or she shares a household or whom he or she professionally represents has a matter before the Committee. No members of the Project Architectural firm may submit for the project being designed by that firm. During the time they serve on the Public Art Committee, artists may not contribute their own pieces, even without cost. Members of the Public Art Committee shall follow the requirements of Oregon Revised Statutes Chapter 244 relating to ethics for public officials and shall also follow the Oregon State Guidelines for Public Officials published by the Secretary of State's Office. Public Art Guidelines,DRAFT 5/1/02 14 3. MAINTENANCE OF THE PUBLIC ART COLLECTION 3.1 Cataloguing the Collection The Public Art Committee shall ensure that there is a current listing of all holdings in the City of Lake Oswego Public Art Collection, including all pertinent information such as title, artist, medium, accession date, placement and other information. In addition, the Public Art Committee shall, where appropriate, create catalogs describing the collection and make them available to the public. 3.2 Periodic Review The Public Art Committee shall annually review all holdings in the art collection. During this review, the committee shall inventory the collection, examine the condition of each piece to determine any restoration or preservation needs, and examine the display or storage conditions of each piece. The review periodically estimates the value of each piece for insurance coverage and the City's fixed asset inventory. In addition, the Public Art Committee shall update the current listing of all holdings in the art collection catalogue and submit the updated list to City staff. 3.3 Maintenance of Collection The Public Art Committee shall perform, or obtain the services of a professional to perform, the repairs, cleaning, labeling, etc. that may be necessary to maintain the public art collection. Should repairs to outdoor sculpture be necessary, the committee shall notify the staff liaison who shall coordinate cleaning and repairs with the City's Parks Maintenance staff. City departments shall notify Lake Oswego Arts Commission immediately if a work of art is either damaged or stolen, or if the participating department plans to move to another location or in any way disrupt the work of art. 3.4 Maintenance Instructions When the city purchases a new work of art, the artist shall be required to submit a maintenance plan and instructions to be kept on file by city staff. These instructions shall outline cleaning methods and materials for the artwork as well as a timeline and plan for regular maintenance of the work. The instructions shall be kept on file at the Parks Maintenance office. Public Art Guidelines,DRAFT 5/1/02 15 3.5 Placement of Works of Art While it is the intent that site specific works will remain in the site for which they were created, Lake Oswego Arts Commission may move a piece if circumstances dictate. A reasonable effort shall be made to notify the artist in advance of the move. 3.6 Art Consultants and Appraisers The Public Art Committee may consult outside appraisers or art consultants in cases including the proposed accession or deaccession of a piece valued at more than $5,000, or when it is evident that a piece valued at more than $5,000 may need major rehabilitation or conservation work. Any expenditures contemplated by the Public Art Committee for these purposes must be given prior budget approval by the Arts Commission. Public Art Guidelines,DRAFT 5/1/02 16 4. ACQUISITION OF ARTWORK 4.1 Background The Lake Oswego Arts Commission was formed in 1992 and was charged with developing the City's public art collection. The collection includes works already in the City's possession, works commissioned through the 1.5 Percent for Art Program (adopted in 1993), works purchased with funds other than from the 1.5 Percent for Art Program trust, and gifts of art to the City. Artworks are acquired by the City of Lake Oswego through a thorough review process based on their innate quality and value to the collection as a whole. The Lake Oswego Arts Commission has delegated the responsibility of developing the City's art collection to the Public Art Committee. 4.2 Art Selection Criteria The value of every work of art is in the eye, ear and soul of each individual viewing it. A single work of art can engender a wide range of responses in the population viewing it. Because of this, art selection is, in part, a subjective process. Members of the Public Art Committee must, at all times, remember that they represent the public. On the other hand, the members of the committee are selected because they possess expertise in art. They should understand these issues and strive to maintain a balance in their selection of art works. Making their selections without this balance can result in public art that is, on the one hand, bland or trite, or, on the other hand, too esoteric to be appreciated by any but art connoisseurs. The following sections define criteria, both mandatory and desired, to be considered during the accession process. 1. Required Conditions All pieces of art selected for inclusion in the collection of the City of Lake Oswego must meet all of the following criteria. A. Clear Title The artwork must be able to be transferred to the City of Lake Oswego with clear title. Purchased art shall be by a formal bill of sale from the owner(s) or artist(s). Contributed art must be accompanied by an appropriate deed of gift. B. Restrictions Public Art Guidelines,DRAFT 5/1/02 17 Artwork accessioned by the City of Lake Oswego must not have attendant restrictions. The City will attempt to acknowledge artists and donors in the display of artwork, but shall be under no obligation to do so. C. Reflects Community Values While recognizing the First Amendment freedom of artists to express themselves in any way they choose, the City of Lake Oswego reserves the right to not select pieces if they do not reflect the values of the community. This does not mean a piece should be rejected simply because it might be controversial. One of the purposes of art is to show people a new way of looking at their environment, to share an artist's sometimes iconoclastic vision. Art can legitimately be intrusive, abrasive or unpopular. Failure to recognize this purpose for art can lead to an art collection that is simply "pretty" or "nice" without being ennobling or educational. D. Original Works and Authentication Only original works of art shall be accessioned for the collection. Fakes, unauthorized copies or reproductions are not acceptable. In cases where the authenticity of a piece could reasonably be questioned, it must be authenticated before accession. E. Suitability All art pieces must be suitable for display in a public setting. Sculpture must be able to be secured to prevent accidents. Pieces executed in fragile media must be able to be protected while displayed. F. Maintenance and Security The City of Lake Oswego can only accept artwork that the Public Art Committee and the City staff believe can, within the financial confines of the foreseeable future, be adequately and safely displayed, maintained and reasonably secured. 2. Desired Attributes The criteria listed below describe the desired attributes of all art in the collection. Selected pieces should meet most, if not all, of these attributes to a high degree. A. Artistic Excellence Art selected for the collection should represent the skill and competence of the originator, and should be an example of artistic excellence. The definition of artistic excellence changes over time, but the collection should always be representative of the best examples available. B. Variety of Media, Styles and Techniques Public Art Guidelines,DRAFT 5/1/02 Within the guidelines above for suitability of form for a public setting, art selected for the collection should broaden the range of media and techniques represented in the collection. C. Represents Artists of Varying Acclaim Some art collections strive for excellence by selecting only works from recognized "name" artists. The collection of the City of Lake Oswego should strive to represent works from a wide range of artists of varied public status. Art should be chosen solely on the basis of its intrinsic merit. A piece from a well-known artist should not be presumed to have more artistic merit than a piece from a relatively unknown artist. D. Value Because an aspect of the value of an art piece is the response of each individual to that art, value is difficult to assign. However, the price of any proposed piece of art should represent a responsible investment for the City collection. When a piece of art has a price of more than $5000, the Public Art Committee must consult with an art consulting or appraisal firm to authenticate and verify the market value of the piece. E. Selected for Specific Site Major art pieces should be selected as part of a process that takes into account the final display site for the piece. This should be considered in terms of how well the piece fits an intended space and the environment. This not only requires consideration of the size and environmental harmony of a piece, but also how well it fits into the use patterns of the area in which it will be placed. 4.3 Methods of Accession There are several ways that a work of art may be accessioned. The selection criteria listed in Section 4.2 apply to all works, regardless of the particular accession method used to bring a piece to the City collection. When funds become available to accession art, the Public Art Committee may use one of three processes, open competition, artist invitation and direct purchase. In addition, artwork may be added to the collection through a direct contribution of art or funds to purchase or commission a work of art. The choice of accession method shall be determined by the Public Art Committee with final approval by the chair of the Lake Oswego Arts Commission. Public Art Guidelines,DRAFT 5/1/02 19 1. Open Competition In open competition, any artist is invited to submit pieces or delineated proposals for consideration. A "Call To Artists" is advertised within a designated region (local, regional, national, etc.) inviting all artists within the region to submit a proposal. The competition may be held for a single piece, a single site, or a number of sites or pieces. The Public Art Committee evaluates the contender and selects the piece or proposal that best fits the criteria and the needs of the site(s). The Public Art Committee may decide that no entry fits the criteria or is suitable. For competitions held to populate several sites, this means that one or more sites may go unfilled. The Public Art Committee may choose to leave the site unfilled, and add that site to the list of potential future accessions. 2. Direct Purchase The Public Art Committee may choose to purchase a piece of existing art, from a gallery or dealer, from a private individual or from the artist directly. 3. Artist Invitation The Public Art Committee may choose to invite one or more artists to submit proposals to create a piece for a specific site. The committee should work closely with the selected artist from the beginning of the project, making clear the criteria in the policy. The artist should be asked to submit proposal sketches or models for approval before beginning the final work, with opportunities to periodically view the work during different stages of completion to insure the criteria are being met. 4. Donations At times civic-minded citizens may wish to contribute to the art collection. They may do so by directly contributing funds to purchase a work of art, commissioning a work of art and then donating it to the City, and directly contributing a piece of art to the collection. See Section 7, Donations and Memorials for a more detailed explanation of how donations are reviewed and accepted. 4.4 Process for Accessioning Artwork The Public Art Committee shall oversee the development of goals and process for the selection, placement and maintenance of works of art. Upon notification that the Lake Oswego Arts Commission would like to initiate a public art project, the Public Art Committee shall define the parameters of the services and purchase. In doing so, the Public Art Committee shall confirm the available budget, Public Art Guidelines,DRAFT 5/1/02 0 identify a site for the work(s) of art, identify the goals of the project, and form a selection committee, if appropriate, to choose the artist and/or artwork, and determine the most appropriate accession method in each circumstance, depending upon the project funding source. The Public Art Committee shall also determine whether the project falls within the scope of the 1.5 Percent for Art Program. If it does, the specific guidelines contained in Section 5, Percent for Art Program, must be followed. In initiating any public art project, the Public Art Committee shall: 1. Identify the funding source and determine whether or not the project falls under the 1.5% Percent for Art Program Guidelines. If so, the committee shall follow the process outlined in Section 5, Percent for Art Program. 2. Confirm the total project budget available for purchase of services and/or artwork, including installation costs. 3. Identify a site for the final location of art or the project where an artist may be included on the design team. If the committee is considering a site in the public right of way, all appropriate departments must be consulted through the staff liaison before the site is finalized. Likewise if any elements of the project fall under the jurisdiction of another department, that department must be consulted early in the selection process. 4. Identify the goals for the art project, which shall include whether the project warrants including an artist on the design team or whether a purchase or commission of art is more appropriate. The committee shall also establish at what stage of the project the artist will become involved in the process and shall coordinate funding accordingly (refer to Section 5.8, Dedication of Funds, as a guideline for non-1.5 Percent for Art projects). Options for consideration include: Design Team Options: A. Hiring an artist to collaborate with the project architect only during the early planning phases of the project as a consultant. B. Hiring an artist to collaborate with the project architect during the early planning stages and to make artworks with project materials. The artwork shall be incorporated into the design of the project and shall fall within the project's materials budget. The contractor shall be responsible for fabrication, and the artist shall provide oversight during fabrication and installation. Public Art Guidelines,DRAFT 5/1/02 2 1 C. Hiring an artist to collaborate with the project architect early in design phase, and giving the artist a budget to create independent artworks that the artist will later place at a predetermined location(s) at the project site. D. Hiring an artist to collaborate with the project architect early in the design, and then allowing the artist to apply, along with other artists, for design and construction of art for the project as part of an open competition. Direct Purchase or Commission A. Decide whether to purchase an existing work of art or commission a work of art. Donations A. Decide whether or not to accept a donation of art. 5. Determine which acquisition method, according to Section 4.3, Methods of Accession, is most appropriate based upon the project goals. 6. Establish a selection process that addresses the project goals and determine membership on an artist/art selection committee. The committee shall keep in mind the Lake Oswego Arts Commission goals of maintaining artistic integrity and encouraging public involvement, as needed, in each selection process. The Public Art Committee shall function as the selection committee in cases where non-restricted funding is available. Occasionally the committee may decide to expand its membership for a particular project to obtain more community involvement in the selection process. In cases where projects fall within the 1.5 Percent for Art Program, the Public Art Committee shall augment its membership by the addition of a neighborhood or business representative, with the size of the committee not exceeding seven (7) members. See Section5.10.1, Selection Committee Membership for further details. 7. Recommend the final selection of an artist and/or art purchase/commission to the Arts Commission for approval through a majority vote of the selection committee. 8. Obtain approval of acquisition method, selection process, and final selection from the Lake Oswego Arts Commission. Public Art Guidelines, DRAFT 5/1/02 22 4.5 Artist Selection Criteria Artists will be selected on the basis of their qualifications as demonstrated by past work, appropriateness of the proposal to the particular project, and its probability of successful completion as determined by the Public Art Committee. In selecting artists and works of art, the Public Art Committee shall select those artists and works of art of the highest aesthetic quality, and those that fulfill the purpose of the City's art selection criteria as set forth in Section 4.2. In all cases, consideration will be given to materials, construction, durability (long or short term, depending on the intended life of the piece), maintenance, public access and safety. The Selection Committee may choose to utilize a "Pre-qualified list" of public artists in lieu of open competition in order to simplify the selection process. 4.6 Artist Contracts The City shall enter into a contractual agreement any time an artist is hired to perform services for the City, such as participating on a design team or selling or creating a work of art. The contract should define the scope of work for artist services and payment procedure for the purchase or commissioning of a work of art. The contract shall require the artist to do the following: 1. Produce a work of art for a guaranteed maximum cost, including all installation costs. 2. Maintain public liability and property damage insurance as well as workers compensation insurance. If the artist does not routinely carry this insurance in the amount specified by the contract, a fee for one-time purchase of coverage should be included in the total proposal. 3. Submit the following items before final payment is authorized: A. Submit to the city a completed catalogue form that describes the work of art (materials, size, weight, artist biography, address,contact information). B. Two color slides and a black and white negative of the competed work of art. C. A public art conservation and maintenance program giving detailed instructions for cleaning and maintaining the artwork. This report will include, but not be limited to, frequency of cleaning, method and materials used, and any other recommendations for maintaining artwork. Report shall also provide detailed description of all materials and processes used to fabricate art, and names and addresses of material suppliers, fabrication and installation process of artwork Public Art Guidelines,DRAFT 5/1/02 23 Section 5 1.5 PERCENT FOR ART PROGRAM 5.1 Background In November of 1993, the Lake Oswego City Council adopted Ordinance 2062 which dedicates 1.5 % of the total costs of all City capital projects to the selection, acquisition, dedication, siting, maintenance, administration, de-accessioning, community education and registration of Public Art. The Lake Oswego Arts Commission is charged with developing and administering guidelines for the program. 5.2 Program Goals Art acquired through the 1.5 Percent for Art Program should meet the criteria and desired goals listed in Section 4.2, Art Selection Criteria. In addition, it is the program's intent to: 1. Encourage early collaboration between artists and architects. 2. Ensure that City departments, Commissions, and Advisory Boards play an active role in the selection of art purchased through the 1.5 Percent for Art Program. 3. Preserve art objects and maintain artifacts displaced through City capital projects. 5.3 Administration of the 1.5 Percent for Art Program The Public Art Committee shall administer the 1.5 Percent for Art Program under the auspices of the Lake Oswego Arts Commission. All committee recommendations are subject to final approval from the o Arts Commission. 5.4 Qualifying Projects Article 18.04 of the City Code specifies which city capital projects are eligible for the 1.5 Percent for Art Program. A copy of the Percent for Art ordinance is contained in Section 5.18 Percent For Art Ordinance. Generally, if funding is not legally restricted for particular uses, a city project qualifies for the 1.5 Percent for Art Program and must dedicate 1.5% of its total cost to purchasing and maintaining public art. Public Art Guidelines,DRAFT 5/1/02 24 Responsibility of Participating Department Following the adoption of the Capital Improvement Program (CIP) by the City Council, each department with qualifying capital projects shall provide the Arts Commission with a summary sheet of projects that qualify for funding under the Percent for Arts Ordinance. The summary sheet shall include the project name and approximate dollar amount available for arts funding. The actual dollar amount shall be confirmed by staff from the participating department upon encumbering funds for construction of the project and shall be reported to the Arts Commission. 5.5 Application of 1.5 Percent for Art Funds: Inclusions Funds may be spent as follows: 1% for Purchase of Art 1% of the total construction cost of eligible city projects shall be used for costs associated with the acquisition of public art, including, but not limited to, the design, purchase and siting of public art. Such funds may be spent as follows: 1. Artist's fee for serving on a design team with the project architect. 2. The work of art itself, including but not limited to: a. Artist's design fee and operating costs. b. Any permits related to the completion of the work or art, including but not limited to building permits, permits with the Department of Transportation, etc. c. Labor and materials required for production of work of art. d. Travel related to the project. e. Transporting the work to the site and installation costs. 3. Frames, mats, mounting, anchorages, containments, pedestals, or materials necessary for the installation, location, or security of the work of art. 4. Slides and documentation of the work in progress as well as the required 2 slides of the completed work. 5. Insurance as required by the artist's contract. Public Art Guidelines,DRAFT 5/1/02 25 6. Contingency of 5% to 8% of the 1% set aside at the beginning of each project (any unused contingency funds will go into the Public Art Trust). .5% for Maintenance and Administration .5% of the total construction cost of eligible City projects shall be used for costs associated with administration of the public art program, including, but not limited to costs of selection, conservation and maintenance of the collection, community education, deaccessioning and registration of public art. Funds may be spent as follows: 1. The selection process, excluding the cost of producing a prospectus. 2. Community education related to the project. 3. Registration of Public Art. 4. Maintenance of Public Art. 5. Dedications and publicity. 6. Expenses for special advisors or consultants to the Public Art Committee. 5.6 Application of 1.5 Percent for Art Funds: Exclusions 1.5 Percent for Art funds may not be spent for: 1. Reproductions, by mechanical or other means, of original works of art. 2. Decorative, ornamental, or functional elements that are designed by the architect or consultants engaged by the architect, or elements generally considered to be components of a landscape architectural design, designed by a landscape architect as opposed to an artist commissioned for this purpose. 3. "Art objects" which are mass-produced of standard design, such as playground sculpture or fountains. 4. Directional or other functional elements, such as super graphics, signs, color- coding, maps, etc. except where a recognized artist is employed. 5. Architect's fee. Public Art Guidelines,DRAFT 5/1/02 26 5.7 Dedication of Funds The Lake Oswego Public Art Trust Fund is established within the City of Lake Oswego Treasury (see attached Ordinance 2062, item "Public Art Trust Fund"). Funds shall be deposited into the Public Art Trust Fund by the City official or employee acting on behalf of the participating department at the time that budgeted funds are encumbered for construction of the project. When the artist or artist team is hired at the same time as the project architect or engineer, 1.5 % of the estimated construction budget (from the CIP Document) shall be borrowed from monies existing in the Public Art Trust (or other sources available to the Arts Commission) at the point at which the artist or artist team is hired. When actual funds are encumbered for the construction portion of the project, the Arts Commission will reimburse the Public Art Trust to the extent possible with eligible monies obtained from the actual construction budget. Funds shall be deposited in separate accounts within the Public Art Trust Fund if separate accounting is requested by the City Manager or required by law. Monetary contributions made other than through the 1.5% Percent for Art Program shall be deposited in the Public Art Trust Fund and may be dedicated for a specific program or work of art, subject to acceptance by the Lake Oswego Arts Commission. 5.8 Disbursement of Funds Disbursement of funds from the Public Art Trust Fund shall be made only after approval by the Arts Commission and authorization by the City Manager or the Manager's designee. Disbursements shall be made according to Ordinance 2062 and these guidelines. The city's Finance Department shall prepare quarterly financial reports to the participating departments and the Arts Commission on the disbursement of money from the Public Art Trust Fund. All payments to an artist shall be made according to the payment procedure outlined in the contractual agreement between the artist and the City. 5.9 Artist Contract The City shall enter into a contractual agreement with an artist for any artist services as in accordance with Section 4.6,Artist Contracts. Public Art Guidelines,DRAFT 5/1/02 27 5.10 Public Art Committee Procedures and Responsibility The process for initiating and completing a 1.5% Percent for Art project is very similar to projects funded with other funding sources. The Public Art Committee shall oversee the process by defining the parameters and implementing a selection process as listed in Section 4.4, Process for Accessioning Artwork. However, there are requirements specific to the 1.5% Percent for Art process which are outlined below. Upon notification that the Lake Oswego Arts Commission would like to initiate a 1.5 Percent for Art project, the Public Art Committee shall: 1. Confirm the available budget and timing of when the 1.5 Percent for Art funds will be available. Timing of funds will dictate when projects can be initiated. 2. Identify a site for the work(s) of art. 3. Identify the goals of the project, including those goals outlined by the participating department and any artist's prerequisites. The committee must also establish whether the project warrants including an artist on the design team or whether a purchase or commission of art is more appropriate. The committee must also establish at what stage of the project the artist will become involved in the process and coordinate funding accordingly. If it is decided that an artist should be involved from the conceptual stages of the project, the procedure described in Section 5.7,Dedication of Funds, should be used. 4. Choose a Selection Committee. 5.10.1 Selection Committee Membership The Public Art Committee shall select individuals to serve on a Selection Committee for the duration of one project. Membership on the Selection Committee shall consist of up to seven (7) members appointed by the Public Art Committee and approved by the Arts Commission. The Selection Committee shall consist of the following individuals: 1. A member of the Arts Commission who shall serve as chair. 2. Artists from the community. 3. An at-large citizen interested in the arts (preferably from the neighborhood or business where the art is to be located) 4. A City staff representative from the department with the qualifying project. Public Art Guidelines,DRAFT 5/1/02 28 5. An architect or engineer from the capital project's design team (where applicable). Members from the Public Art Committee serve an important role in developing the public art collection and may fill positions listed under items 1-2 above on the Selection Committee. However, items 3-5 must be filled by individuals who are not members of the Public Art Committee or Lake Oswego Arts Commission. 5.10.2 Term of Office Representatives on the Selection Committee shall serve through the duration of the project. 5.10.3 Selection Committee Responsibilities The Selection Committee shall work within the project parameters established by the Public Art Committee including overall budget, project location, and goals. The Selection Committee shall be responsible for identifying a selection process, reviewing artist proposals, and recommending a final selection. The Selection Committee shall do the following: 1. Choose a method for selecting an artist by one of the three options outlined in Section 4.3, Methods of Accession, which include open competition, invitation, or direct purchase. 2. Based upon the established budget, develop a realistic project scope, and determine if the budget is sufficient to warrant advertising for artists locally, regionally, nationally or internationally. 3. Prepare and oversee the writing, printing and distribution of the project prospectus. 4. Select works of art that are technically feasible to produce and display. In the case of selecting an artist to serve on a design team, the committee must determine whether the artist has the necessary experience desired to make a positive contribution to the project. 5. Reserve the option of making no selection. If no proposal is accepted, the Selection Committee may reopen the competition or propose another method of selection. 6. Approve all artists/art selections by a majority vote and present the recommendations to the Lake Oswego Arts Commission for approval. Public Art Guidelines,DRAFT 5/1/02 29 7. Present the final piece to the Lake Oswego Arts Commission for acceptance into the public art collection. 8. Hold all Selection Committee meetings in accordance with the Oregon Public Meetings law. Meeting announcements shall be sent to local media. 5.11 Artist Selection Criteria The criteria used in evaluating and choosing artists for 1.5 Percent for Art projects is outlined in Section 4.5 Artist Selection Criteria. 5.12 Approval Process The following approvals are required in administering the 1.5 Percent for Art Program: Stage 1 - The Lake Oswego Arts Commission must approve of the Public Art Committee's initial project parameters (budget, site, project goals) and selection committee membership before any further steps may be taken. Stage 2 - The Lake Oswego Arts Commission must approve of the Selection Committee's process for selecting artists and/or artwork prior to any public advertising of the project or notification of artists. Stage 3 - The Lake Oswego Arts Commission must approve of the Selection Committee's list of finalists prior to the Committee making a final selection. Stage 4 - The Lake Oswego Arts Commission must approve of the Selection Committee's final choice for artist and/or artwork prior to notifying the artist of the selection. Stage 5 — The Lake Oswego Arts Commission must approve of the final artwork and/or services upon completion of the artwork or services rendered, prior to final payment to the artist. Once accepted, the artwork is accessioned into the public art collection. Except as limited by the Percent for Public Art ordinance, the Lake Oswego Arts Commission decisions as to the selection, acquisition, siting, maintenance, disbursement from the Lake Oswego Public Art Trust Fund, deaccessioning, administration, community education and registration of Public Art shall be final. Public Art Guidelines,DRAFT 5/1/02 30 6. DEACCESSIONING WORKS OF ART 6.1 Background The Lake Oswego Arts Commission is the sole determining authority for the deaccession of artwork from the City's public art collection. That authority is delegated to the Public Art Committee at the discretion of the Lake Oswego Arts Commission. The decision to remove a piece from the collection is as important as the decision to accession it originally. The world of art is constantly growing, and something that was revolutionary or revealing in the past may become trite or too-well explored. On the other hand, the world of art is also affected by fashion. The Public Art Committee must be aware of the distinction between out of date and out of style. The deaccession process should not result in the loss of classic work, even if it represents an earlier period. Deaccession of pieces from the collection shall be based principally on issues of artistic merit or if the artwork has been irreparably damaged. No piece from the art collection shall be sold primarily for monetary gain with the intention to use the funds for purposes other than art collection. 6.2 Deaccession Policy Deaccessioning is a procedure for the withdrawal of an artwork from the public collection. Deaccessioning should be considered only after ten years have elapsed from the date of installation of permanent works and acceptance in the case of portable works or under special circumstances (e.g., the piece has been damaged beyond repair). Deaccessioning will be considered only after a careful and impartial evaluation of the artwork within the context of the collection as a whole. At the beginning of the process, the Public Art Committee will make reasonable effort to notify any living artist whose work is being considered for deaccessioning. 6.3 Eligible Artworks All artworks owned by the City of Lake Oswego, whether acquired through the 1.5 Percent for Art Program, donation, or any other method, are eligible for deaccessioning. In the case of donated artworks, all legal documents relating to the donation will be reviewed prior to beginning the process. 6.4 Deaccessioning Procedure A Deaccessioning Subcommittee of the Public Art Committee shall be appointed by the Committee. This subcommittee will consist of no more than five arts professionals or Public Art Guidelines,DRAFT 5/1/02 _ 3 1 experts, including four (4) members of the Public Art Committee, and an art appraiser or consultant if necessary. If the value of the artwork is less than $5,000, the Public Art Committee may informally appraise the artwork However, If there is any doubt as to the value of the piece the Public Art Committee must secure the services of an appraiser or consultant. 6.5 Criteria for Deaccessioning The Public Art Committee may consider the deaccessioning of artwork for one or more of the following reasons: 1. A work is not, or is only rarely, on display because of lack of a suitable site. 2. The condition or security of the artwork cannot be reasonably guaranteed. 3. The artwork has been damaged or has deteriorated and repair is impractical or unfeasible. 4. The artwork endangers public safety. 5. In the case of site specific artwork, the artwork is destroyed by severely altering its relationship to the site. 6. The artwork has been determined to be significantly incompatible or inferior in the context of the collection. 7. The City wishes to replace the artwork with work of more significance by the same artist. 8. The artwork requires excessive maintenance or has faults of design or workmanship. 9. There has been sustained and overwhelming public objection to the artwork. 6.6 Sequence of Action 1. The Subcommittee appointed by the Public Art Committee shall determine whether an artwork meets one of the criteria listed in Section 6.5 above. 2. A representative from the appointed Subcommittee shall prepare a report which includes: A. The opinion of the City Attorney on any restrictions that may apply to this specific work. B. Approval by the appropriate City authority. C. Completion of the deaccessioning worksheet. 3. The Public Art Committee shall review the report. The Committee may seek additional information regarding the work from the artists, art galleries, curators, Public Art Guidelines,DRAFT 5/1/02 appraisers or other professionals prior to making a recommendation to the full Board. 4. The Public Art Committee shall send a recommendation for action to the Lake Oswego Arts Commission for approval at a regularly scheduled meeting. 5. Upon approval of its recommendation, the Public Art Committee shall consider the following actions: A. Sale or Trade i. Artist will be given first option to purchase or trade artwork. ii. Sale may be through auction, gallery resale or direct bidding by individuals, in compliance with City law and policies governing surplus property. iii. Trade may be through artist, gallery, museum or other institutions for one or more artwork(s) of comparable value by the same artist. iv. No works of art shall be sold or traded to members or staff of the Lake Oswego Arts Commission or Public Art Committee consistent with City's conflict of interest policies. v. Proceeds from the sale of a work of art shall be returned to the Public Art Trust Fund departmental account. Funds from the sale of gifts shall go into the Public Art Trust Fund for future artworks projects. Any pre-existing contractual agreements between the artist and the City regarding resale shall be honored. B. Destruction of work deteriorated or damaged beyond repair and deemed to be of negligible value. C. If the Public Art Committee is unable to dispose of the artwork in a manner outlined above, the work shall be donated to a non-profit organization or otherwise disposed of as the Lake Oswego Arts Commission sees fit. Public Art Guidelines,DRAFT 5/1/02 33 7. PUBLIC ART DONATIONS AND MEMORIALS POLICY 7.1 Background In addition to City financial support, the public art collection may grow through the generous gifts of private citizens. The Lake Oswego Arts Commission, on behalf of the city's citizens, is responsible to establish and follow a consistent and fair process for considering public art gifts and memorials. The Lake Oswego Arts Commission, has delegated this responsibility to the Public Art Committee. The art selection criteria listed in Section 4.2 will be applied when considering public art gifts. Anyone wishing to sponsor a gift of artwork to the City should contact the Public Art Committee at the earliest possible time for a consultation on the review and acceptance process for donated artworks. The Public Art Committee will review potential donations and make a recommendation to the Lake Oswego Arts Commission at a regularly scheduled meeting. If the proposed gift is to be a memorial and the site requested is in a park, it must also go through a review process with the Parks and Recreation Department. 7.2 Types of Donations 1. Existing Works of Art A. Portable - works of a scale appropriate for rotation through public spaces belonging to the City of Lake Oswego. The specific placement of portable works may not be stipulated as a condition of the gift. B. Non-Portable - works of a scale larger than would be appropriate for the portable collection and would require a semi-permanent or permanent site. 2. Commissioned Works of Art A. Works of art which are commissioned gifts to the City and which usually require a specific site. 7.3 Review Criteria 1. Artistic Excellence - Accepted works of art shall be of exceptional quality and enduring value as judged by the Public Art Committee and the Lake Oswego Arts Commission. 2. Appropriateness to the City's Public Art Collection - Public Art Guidelines,DRAFT 5/1/02 34 • Proposed gifts will be reviewed in relationship to existing goals for the public art collection, such as diversity of media, artists represented, styles, and geographic representation. 3. Appropriateness to Site - Relationship of the artwork to the site shall be considered in respect to its social, cultural, historical and physical context. 4. Maintenance Provisions - Maintenance concerns are a primary consideration Adequate provision must be made for future needs. Donors must provide the Public Art Committee with detailed maintenance instructions for the work(s) of art, copies of which shall be forwarded to city staff. Funds for future maintenance shall be deposited into the Public Art Trust Fund. 5. Adherence to Existing Master Plans - All works of art should adhere to the master plans of existing jurisdictions including but not limited to the Lake Oswego Arts Commission, Parks and Recreation Department, and Lake Oswego Redevelopment Agency. The Public Art Committee will help to advise the sponsor of existing master plans. 7.4 Review Process EXISTING WORKS: PORTABLE OR NON-PORTABLE 1. Initial Contact with the Lake Oswego Arts Commission - Sponsor should send photographs of work(s) of art to Lake Oswego Arts Commission with written materials, including name of the artist, his/her bio or resume, medium, size, date of execution and estimated value of the piece. The Commission shall forward this material to the Public Art Committee for a recommendation. 2. Review by Public Art Committee - The Public Art Committee will review the photographs and will ask to see the actual work of art if it wants to consider the gift further. If the Public Art Committee recommends acceptance of the work of art, it will also make a recommendation for future maintenance provisions. 3. Installation Readiness - In order to receive final acceptance from the Lake Oswego Arts Commission, works of art should be professionally appraised and ready for installation. This means that two-dimensional works must be archivally framed and three- dimensional works must have a pedestal or appropriate hanging or mounting apparatus. Public Art Guidelines,DRAFT 5/1/02 35 4. Review by Lake Oswego Arts Commission - The Lake Oswego Arts Commission will review the recommendation of the Public Art Committee and will vote to accept or deny the proposed donation and its installation and maintenance provisions. 7.5 Commissioned Works of Art 1. Initial Contact with the Lake Oswego Arts Commission - City staff, representing the Lake Oswego Arts Commission, will meet with the sponsor to discuss the commission. If no artist has been selected, staff will advise the sponsor about artist selection options, such as the use of an artist selection committee or an art consultant. The art consultant and advisory committees can provide expert assistance on selection procedures, technical and budgetary concerns and on the uses, appropriateness, quality and variety of art options. Contact with the Lake Oswego Arts Commission early in the commissioning process often expedites final acceptance. 2. Selection Process - Commissioned works must go through a two-phased process: first "in concept" and second when the design has been decided. Sponsors of gifts are requested not to select specific designs prior to the approval "in concept". If a site has been recommended and is under the jurisdiction of any other City department, such as the Parks and Recreation Department, that department must be contacted at the start and the project will also be reviewed by that department. 3. Review "in concept" by Public Art Committee - The sponsor must submit a written proposal to the Lake Oswego Arts Commission, including the process for selection of an artist(s) and the general concept behind the project. The Public Art Committee will review the proposal and make a recommendation to Lake Oswego Arts Commission for acceptance or denial. 4. Review of Design by Public Art Committee - If the project is approved "in concept" the sponsor will proceed to select an artist(s) as outlined above. When a site and a specific design have been chosen, a model and/or scale drawings of the design and maintenance provisions must be presented to Public Art Committee, who will review the materials and make a recommendation to the Lake Oswego Arts Commission. 5. Review of Design by Lake Oswego Arts Commission - A. Lake Oswego Arts Commission will review the recommendation of the Public Art Committee and approve or deny the design of the work of art and the provisions for future maintenance. Public Art Guidelines,DRAFT 5/1/02 36 B. Note: If, in the development and execution of the project, the concept or aesthetic of the work is substantially changed, the concept and design must be re-approved before the work will be considered for final acceptance. 6. Review and Final Acceptance of Completed Work by the Public Art Committee and Lake Oswego Arts Commission - Both the Public Art Committee and Lake Oswego Arts Commission will review the completed work of art and approve or deny its acceptance by the City. 7.6 Bequests for Commissioning a Work of Art Bequests for commissioning a work of art should go through the process outlined above and must include financial provisions for the administration of the commission as well as the future maintenance of the work of art as determined by the Public Art Committee and Lake Oswego Arts Commission. 7.7 Bequests to the Public Art Trust Fund Bequests to the Public Art Trust Fund can vary in scope from general gifts of unspecified use to gifts of a specified scope. For example, the sponsor could stipulate that the bequest be used to purchase portable works by Native American artists. Public Art Guidelines,DRAFT 5/1/02 • 8. LOANS FROM THE COLLECTION 8.1 Policy When loans are made from the collection, it is the responsibility of the borrowing gallery or institution to cover all expenses of packing, shipping and insurance. It is the responsibility of the Lake Oswego Arts Commission to require the borrowing gallery or institution to submit proof of insurance coverage for the value of the piece. Public Art Guidelines,DRAFT 5/1/02 38 9. PROCESS FOR SPECIAL ANNUAL PURCHASE OF ARTWORK FROM THE ARTS DOWNTOWN EXHIBIT 9.1 Purpose The City Council will annually consider whether an appropriation of funds is to be provided for a special purchase of a work of art from the Arts Downtown exhibit. Funds may come from the Percent for Art Trust Fund or another identified city source. The Arts Commission shall administer the process for the special annual selection of a work of art from the Arts Downtown exhibit according to the Percent for Art Guidelines of Section 5,above.. In addition, the selection process will be expanded beyond that defined in the Percent for Art Guidelines, by including greater public involvement in selecting the artwork in order to build a sense of citywide concern and ownership of the Arts Downtown program. 9.2 Operational Procedures Initiation of selection process: The Arts Commission is responsible for administering the selection process for purchasing artwork from the Arts Downtown exhibit. In doing so the Commission shall: Inform the Public Art Committee of the available funding and timeframe within which to select a work of art. Direct the Public Art Committee to form a selection committee to oversee the selection process. The selection committee shall be composed of: A member of the Arts Commission, who will serve as chair of the selection committee. A LORA representative. iii. A project engineer or architect. iv. Two artists. v. A citizen representing community and/or business interests. Approve the Public Art Committee's selection of membership for the selection committee. 9.3 The Selection Process The Public Art Committee shall convene the selection committee and define the committee's objectives, which shall include: Identifying downtown site(s) for the purchased artwork; Creating a list of up to five sculptures for consideration as possible purchases; and Public Art Guidelines,DRAFT 5/1/02 3 Establishing a process for the public to indicate its preference from among the sculptures on the list. 9.4 The Selection Committee process shall proceed as follows: Upon notification of the objectives, the selection committee will review the current Arts Downtown sculptures and establish a list of up to five sculptures from which a public process will select one. Downtown site(s) will be identified that will accommodate the selected works. The criteria for establishing the list of selected works and site(s) are to be developed by the selection committee. Following the creation of the selection list and site identification, the committee shall develop a process allowing the public at large to indicate their preference for the final purchase piece. This process may include methods such as opinion surveys in the Hello L.O. or the Lake Oswego Review, online voting on the City's website, etc. The committee shall notify the Public Art Committee of the selection made through the public process. 9.5 Final approval of selected artwork The Public Art Committee shall present the selection made through the public process to the Arts Commission for approval. Upon approval, the Arts Commission shall direct city staff to prepare payment to the artist and arrange for relocation of the art to its final location, if necessary, following the Arts Downtown exhibition period. 9.6 Clarification of Policy The procedure in this Section 9 is to be used for a single annual purchase of art from the Arts Downtown Exhibit (subject to appropriation of funds). Nothing in the procedure shall preclude additional purchases by the city of art from the Arts Downtown Exhibit through other processes. Public Art Guidelines,DRAFT 5/1/02 Section 10 EXHIBIT A - ORDINANCE 2078 — PERCENT FOR ART PROGRAM The Lake Oswego City Council adopted Ordinance 2078 in November of 1993, which dedicates 1.5 % of the total costs of all City capital projects to the selection, acquisition, dedication, sitting, maintenance, administration, de-accessioning, community education and registration of Public Art. The following is the text of the Ordinance. Chapter 18 PERCENT FOR ART PROGRAM Articles: 18.02 In General. 18.04 Requirements for Dedication. 18.06 Administration. Article 18.02 In General. Sections: 18.02.005 Title. 18.02.010 Purpose. 18.02.15 Definitions. Section 18.02.005 Title. LOC Chapter 18 shall be known as the "Percent for Art Program" of the City of Lake Oswego. (Ord. No. 2078, Enacted, 11/16/93) Section 18.02.010 Purpose. The City of Lake Oswego desires to expand the experience of its citizenry through public art of the highest quality in concept and execution. Public art contributes directly to the quality of life in the City of Lake Oswego because citizens view and interact with it daily in public spaces. Public art instills concern for beauty and good design in the public and private sectors by setting high aesthetic standards. Public art reflects and communicates the history, character and values of the community and thereby creates a sense of place. The public art process involves citizens and artists by inviting them to participate in important decisions about the design of their environment. The City therefore declares its policy to include works of art in projects of the City by establishing a Percent for Art program. (Ord. No. 2078, Enacted, 11/16/93) Section 18.02.015 Definitions. Capital Improvement Program (CIP) means the City's program for advance planning of capital improvements. Public Art Guidelines,DRAFT 5/1/02 4 1 City Project means any capital project in an amount over $25,000 paid for wholly or in part by the City of Lake Oswego to purchase, construct, rehabilitate or remodel any building, decorative or commemorative structure, park, parking facility or any portion thereof within the limits of the City of Lake Oswego. "Project" does not include street, pathway or utility construction, emergency work, minor alterations, ordinary repair or maintenance necessary to preserve a facility. Commission means the Lake Oswego Arts Commission. Deaccessioning means relinquishing title to a work of public art. Eligible funds means a source of funds for projects from which art is not precluded as an object of expenditure. Participating Department means the department that is subject to this chapter by its sponsorship of a City project. Percent for Art means the program established by this ordinance to set aside a percentage of the total cost of City projects for public art. Public Art means all forms of original works of art accessible to the public and/or public employees including: a. Painting of all media, including both portable and permanently fixed works, such as murals; b. Sculpture which may be in the round, bas-relief, high-relief, mobile, fountain, kinetic, electronic and others, in any material or combination of materials; c. Other visual media including, but not limited to, prints, drawings, stained glass, calligraphy, glass works, mosaics, photography, film, clay, fiber/textiles, wood, metals, plastics or other materials or combination of materials, or crafts or artifacts. d. Works of a wide range of materials, disciplines and media which are of specific duration, including performance events, and which are documented for public accessibility after the life of the piece has ended. e. Art works that possess functional as well as aesthetic qualities. Public Art Trust Fund means a City fund or account into which all moneys derived pursuant to this Chapter shall be deposited. Monetary contributions for public art shall also be deposited into the Public Art Trust Fund. Funds within the Public Art Trust Fund shall be solely be utilized for the purposes outline in this Chapter. Selection Committee means the committee appointed by the Arts Commission responsible for reviewing proposed public art, and making recommendations to the Commission on the selection of public art. The selection committee shall be made up of a representative of the participating department, the project architect or engineer (where applicable), artists, a citizen and an Arts Commission member. Public Art Guidelines,DRAFT 5/1/02 4 Total cost means the entire amount of the City's contribution toward the price for construction of a project. "Total cost" does not include costs for design and engineering, administration, fees and permits, building demolition, relocation of tenants, contingency funds, change order costs, environmental testing or indirect costs, such as interest during construction, advertising and legal fees. (Ord. No. 2078, Enacted, 11/16/93; Ord. No. 2091, Amended, 04/19/94) Article 18.04 Requirements for Dedication. Sections: 18.04.110 Dedication of 1.5% to Public Art. 18.04.120 Public Art Trust Fund. Section 18.04.110 Dedication of 1.5% to Public Art. Any City official or employee who authorizes or appropriates expenditures on behalf of a participating department for a City project shall, to the degree that the funds are eligible, include within the budget for the project a monetary contribution for public art equal to 1.5% of the total cost of the project. 1. Restricted funds: If funding for a particular City project is subject to legal restrictions that preclude public art as an object for expenditure, the portion of the City project that is funded with the restricted funds shall be exempt from the requirements of this Chapter. 2. Phased projects: As a general rule, where a City project will be constructed in phases, the 1.5% dedication shall be applied to the estimated total cost of each phase of the project at the time that funds for the phase are appropriated and encumbered. Nothing in this section prevents the Council from deciding to set aside all or part of the entire dedication from the funds of a particular phase, however, as the Council deems appropriate. In determining when to set aside the funds for a phased project, the City shall encourage an overall public are plan for phased work to ensure that art is not located on a piecemeal basis. (Ord. No. 2078, Enacted, 11/16/93) Section 18.04.120 Public Art Trust Fund. There is hereby created a special City fund or account called the Public Art Trust Fund into which the monetary contributions for Public Art shall be deposited. 1. 1.5% of the total cost of City projects shall be dedicated to public art. Such funds shall be deposited into the Public Art Trust Fund by the City Official or employee acting on behalf of the participating department at the time that budgeted funds are encumbered for construction of the project. Public ArtGuidelines,DRAFT 5/1/02 43 a. 1% of the total cost of City projects shall be used for costs associated with the acquisition of public art including, but not limited to, the design, purchase and siting of public art. b. .5% of the total cost of City Projects shall be used for costs associated with administration of the public art program, including, but not limited to, costs of selection, conservation and maintenance of the collection, community education, deaccessioning and registration of public art. 2. Monetary contributions shall be deposited in separate accounts within the Public Art Trust Fund if separate accounting is deemed appropriate by the City Manager or is required by law. 3. Monetary contributions made other than through the Percent for Art program shall be deposited in the Public Art Trust Fund and may be dedicated to or earmarked for a specific program or work of art, subject to acceptance by the Arts Commission. 4. Disbursements from the Public Art Trust Fund shall be made only after authorization of the City Manager or the Manager's designee, and shall be made according to this Chapter and any guidelines adopted hereunder. (Ord. No. 2078, Enacted, 11/16/93; Ord. No. 2091, Amended, 04/19/94) Article 18.06 Administration. Sections: 18.06.210 Siting of Art. 18.06.220 Program Guidelines. 18.06.230 Ownership. Section 18.06.210 Siting of Art. 1. Public art selected pursuant to this chapter may be sited in, on or about any City project or other property owned, leased or rented by or to the City of Lake Oswego in accordance with any restrictions placed on siting by the participating department. Public art may be attached or detached within or about such property, and may be either temporary or permanent. 2. The participating department shall consider the siting of public art as part of the design and engineering phase of any City project. The department shall consult with the Arts Commission to decide whether and where to locate a work of art or whether and when to involve an artist in the design of a project. If costs are incurred by the participating department to comply with this subsection prior to transfer of the 1.5% for the project to the Public Art Trust Fund, the department may deduct such costs from the applicable portion of the 1.5% at the time such funds are transferred. Public Art Guidelines,DRAFT 5/1/02 44 3. Nothing in this section shall prevent the City Council or City departments from consulting with the Arts Commission regarding projects not subject to the Percent for Art Program. (Ord. No. 2078,Enacted, 11/16/93; Ord. No. 2091, Amended, 04/19/94) Section 18.06.220 Program Guidelines. The Arts Commission shall develop and recommend guidelines for administration of the Percent for Art program, to be adopted by resolution of the City Council. Such guidelines shall: 1. Provide a process for the Commission to participate in the CIP process. 2. Develop an annual plan for public art based upon the CIP. 3. Provide for the appointment of representatives to selection committees. 4. Provide for a method or methods of selecting and contracting with artists for the design, execution and siting of Public Art. 5. Determine the dedication and disbursement process for the Public Art Trust Fund. 6. Clarify the responsibility for maintenance of public art, including any extraordinary operations or maintenance costs associated with public art, prior to selection. 7. Facilitate the preservation of art objects, ethnic and cultural arts and crafts, and artifacts. 8. Provide a process to deaccession art. 9. Set forth any other matter appropriate to the administration of this Chapter. (Ord. No. 2078, Enacted, 11/16/93; Ord. No. 2091, Amended, 04/19/94) Section 18.06.230 Ownership. All public art acquired pursuant to this Chapter shall be acquired in the name of the City of Lake Oswego, and title shall vest in the City of Lake Oswego. (Ord. No. 2078, Enacted, 11/16/93) Public Art Guidelines,DRAFT 5/1/02 4 5