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1988-185-Adopting Policy Concerning Long-Term Loans, Gifts, Purchases Commissions Of Art Works For Public InstallationRESOLUTION NO. 1988 -185 A TOWN OF LOS GATOS RESOLUTION ADOPTING POLICY CONCERNING LONG -TERM LOANS, GIFTS, PURCHASES COMMISSIONS OF ART WORKS FOR PUBLIC INSTALLATION (ON EXTERIOR OR OUTDOOR SITES, IN PUBLIC BUILDINGS, IN PARKS AND OPEN SPACES) WHEREAS, the Town desires to provide a process through which the Town can accept art works on loan or as gifts from artists and collectors as part of a public art program; and, WHEREAS, Town wishes to provide guidance to the Town and the Arts Commission for purchases of existing works or for commissioning artists in creating works for the Town; NOW THEREFORE, BE IT RESOLVED that the Los Gatos Town Council does hereby adopt this Resolution providing a policy for public art for the Town, as attached. PASSED AND ADOPTED by the Town Council of the Town of Los Gatos, California, at a regular meeting held this 19 day of September , 1988, by the following vote: AYES: COUNCILMEMBERS: Joanne Benjamin, Thomas J. Ferrito, Robert L. Hamilton, Brent N. Ventura & Mayor Eric D. Carlson NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: SIGNED: ATTEST: SENIOR DEPUTY CLERK 0 HE TOWN OF LOS GATOS C ATTACHMENT A POLICY CONCERNING LONG -TERM LOANS, GIFTS, PURCHASES OR COMMISSIONS OF ART WORKS FOR PUBLIC INSTALLATION (ON EXTERIOR OR OUTDOOR SITES, IN PUBLIC BUILDINGS, IN PARKS AND OPEN SPACES) PURPOSE.: The Town Council approved, in concept, the Arts Commissions' Goal V of the Master Plan to, "Encourage Enrichment of the Physical Environment." Proposed Method A calls for establishment of "a program of public visual art projects in the Town." Proposed Method B calls for the "Arts Commission to encourage private sector co- sponsorship of programs" in the public art program. The purpose of this policy is to provide a process through which the Town can accept art works on loan or as gifts from artists and collectors as part of a public art program. The policy also provides guidance to the town and the Arts Commission for purchases of existing works or for commissioning artists in creating works for the Town. SCOPE: This policy applies to installation of all art works loaned, given, to or acquired by the Town for public display in parks and open spaces. I. Policy: The Town of Los Gatos plans for public installation of works of art. It is the objective of the "Public Art" program to provide the community with the opportunity to enjoy access to a variety of art works and a variety of styles. It is also the objective of the "Public Art" program to treat artists fairly and to work with a variety of artists over time. Artists who work or live within the Los Gatos sphere of influence will receive first consideration under this program. Artists and works from other geographic regions will also be considered for inclusion. II. Procedure: Works of art which might be available for loan for public installation are reviewed by a selection committee consisting of a member of the Arts Commission with a visual arts background; a member of the Town Staff for the department which will be affected (Parks, etc.); an artist from the community; an arts professional (artist, art historian, arts administrator, museum professional etc.); a member from the community at large; and, for collections management, the Historical and Arts Coordinator. Those items that are recommended by the selection committee are reviewed by the Arts Commission and forwarded to Town Council for approval. -2- Town Council refers the recommendation to any relevant Commissions as necessary or approves the Arts Commissions recommendation. III. Criteria and Conditions for Selection: Donations of works of art will be considered only if offered unconditionally. The Town can make no promises to donors to exhibit works permanently or to maintain all works as the property of the Town in perpetuity The Town will maintain a responsible collections management, de- accession, and maintenance policy and procedure for works of art which are accepted as part of the Town's permanent collection. A. A work of art which is accepted to the Town's Permanent Collection may be a gift or a purchase. B. Acceptance will result in an agreement between the donor or artist and the Town. C. No acquisition will be accepted without the knowledge of and expressed permission and approval of the Town Council. D. The following are criteria for determining if an art object is desirable for acquisition: 1. It is deemed to be an object of lasting aesthetic value. 2. There is inherent quality in the work itself (i.e. the committee would not necessarily accept a work based on the artist's overall reputation but on the inherent quality of the work under consideration). 3. Style Works of art should be compatible in scale, materials, form and content with their surroundings or which can be sited in a variety of public areas. Particular attention shall be given to the social context of the work and the manner in which itmay interact with people. 4. Permanence Due consideration shall be given to the structural and surface soundness,and to resistance to theft, vandalism, weathering and excessive maintenance and repair costs. "Inherent Vice" - some modern works, produced in experimental or non - traditional media, are made of unsound or self - destructing materials. Such works pose conservation and preservation problems and should be recommended to a museum collection rather than a municipal collection. 5. Public Liability Each work shall be examined for unsafe conditions or factors that may bear upon public liability. -3- 7. Diversity The overall public art program shall strive for diversity in style, scale, media and artists. There shall be encouragement of exploratory types of work as well as established art forms. 8. Technical Feasibility (For purchases or commissions) 9. Duplication Each work shall be examined for its feasibility and convincing evidence of the artist's ability to successfully complete the work as proposed. To assure that the artwork will not be duplicated, the artist will be asked to warrant that the work is unique and an edition of one unless stated to the contrary in the contract or gift agreement. (Multiples could be accepted at the selection committee's discretion.) CRITERIA FOR CONSIDERATION OF ART WORK PLACEMENT Prior to selecting an outdoor site for an artwork the following factors shall be taken into consideration: 10. Visibility (and lighting) 11. Public Safety 12. Interior and exterior traffic patterns 13. Relationship to existing architectural and natural features 14. Future development plans for the area 15. Existing art works within the proposed vicinity IV. Contingencies Specific To Loans A. Loans of art work will differ only in that the Town will agree to accept loans for a clearly defined term of time and the lender will retain title to the piece during its loan period. (The Town of Los Gatos will hold title for gifts, purchases, and commissions.) B. Acceptance of a loan will result in an agreement between the donor or artist and the Town. ROLES AND RESPONSIBILITIES Town Council: Arts Commission Parks Commission: Artworks Selection Committee: Staff: -4- Selection of "Artworks Selection Committee" Members. Final acceptance, siting of Artworks based on recommendations from "Artworks Selection Committee," Arts Commission. Hears appeals of any Arts Commission recommendations. Makes recommendations to Council regarding acceptance, siting of Artworks based on Selection Committee advice. Hears appeals of any Artworks Selection Committee recommendations. Makes recommendations to Council regarding acceptance, and siting of artworks proposed for installation in a Town park based on Selection Committee and Arts Commission advice. Develops inventory of potential sites suitable for installation of public art. Makes recommendations to the Arts and other appropriate Commissions on the following: 1. acceptance, siting of artworks, gifts, loans, purchases or commissions. makes recommendations to donor or lender of alternative public or municipal collections. 2. renewal or non - renewal of loans. 3. responsible, publicly accountable de- accessioning of works which are no longer appropriate or have become conservation problems. 4. gifts or loans which are inappropriate. Attorney: Recommends on legal issues (to Council). Risk Manager: Recommends on insurance, risk management issues. Parks Dept.: Recommends on exterior siting, maintenance issues. Community Services Division (Historical and Arts Coordinator): Curatorial responsibilities for the public collection. Responsible for care, preservation of works and records related to the collection. Responsible for education, interpretation, and public relations related to collection. Will physically inventory collection periodically and assess condition of works. Makes recommendations to "Artworks Selection Committee," on care, preservation, interpretation and public relations related to works.