HomeMy WebLinkAbout2/13/2014 - City Arts Commission - 04 Council Policy I-11 RevisionsACQUISITIONDONATION OF ART BYTO THE CITY OF NEWPORT BEACH
A. The City of Newport Beach (“City”) believes that paintings, sculptures, drawings
and other art (collectively, “Art”) placed on City property and in City buildingsin
public sites or in public buildings increases the aesthetic appeal and beauty of such property and buildingspublic sites and buildings, and of the City in general.
B. All proposals for donations ofto donate, exhibit, loan, sell or commission aArt to
the City (collectively, “Convey(s),” “Conveyed,” “Conveying” or “Conveyance”)
shall be reviewed by the Arts Commission for recommendation to the City Council.
C. The responsibility of the Arts Commission shall be responsible is to:
1. Confer with persons who have offered to Conveydonate aArt to the City, informing them of thisthe donation policy, including criteria for approvingaccepting Artartwork and the policies, criteria and scope of the
approval process.
2. Advise the City Council of the artistic merit and value of Artpaintings, sculpture, drawings and other art offered to the City. as donations.
3. Advise the City Council regarding appropriate City property or City
buildingspublic sites or buildings for display of such aArt, in conjunction
with the City Ccommission, committee, board and/or dDepartment which has responsibility for planning or maintaining the proposed location.
D. The Arts Commission shall consider the following criteria in making a
recommendation for accepting a donation ofan offer to Convey aArt to the City:
1. The Aart should be an original creation or a limited edition by the original artist, and be of the highest quality and level of artistic excellence.
2. The aArt should add significantly to the balanced inventory of the City’s
collection, representing a variety of style, design and media. 3. The person(s) seeking to Convey Art to the City shall complete all required
forms, as provided by the Library Services Department.The donor should
complete a standardized donation form.
4. The aArt should be of satisfactory physical condition, be sufficiently durable as to not be easily damaged or destroyed, should not require
restoration or extensive long term conservation, and should be of a
physical size and weight that the Artit can be managed in storage,
transport and public display without difficulty. Art requiring restoration may
only be considered with full disclosure of the restoration costs provided by a licensed art appraiser.
5. The aArt should be consistent with and relevant to the civic interests and
broad variety of tastes within the Newport Beach community. E. Art may only be recommended by the Arts Commission to the City Council for
acceptance upon the majority vote of the Arts Commission.A donation of art to
the City must have a majority agreement within the Arts Commission prior to
making a recommendation to the City Council. F. Art accepted into the City collection by the City Council is doneaccepted with the
understanding that the City CouncilArts Commission reserves the right to place
the Artwork on public display on either a permanent or temporary basis, and to
store the Artwork when not on display. Acceptance of Art by the City Council does not guarantee No gifts will be accepted with the understanding that the aArt will be displayed in perpetuity. The City Council may sell, donate or otherwise
remove any Art in the City collection. Any proceeds received by the City from the
transfer of Art shall be expended to acquire, restore or display Art.
G. Art being considered for donation to the City Art in Public Places Programinclusion in the City’s collection must conform to the tenets of the
approved City Council Policy I-9 (Art in Public Places) Policy.
H. The City does not provide valuations or appraisals of Aart Conveyed being donated to the City. The value of Arta work should be presented by the person(s)donor to Conveying Art to the City at the time of Conveyance.donation.
It is the responsibility of the person(s) Conveying Art to the City donor to furnish a
valuation to the appropriate government tax agency.
I. The person(s) Conveying Art to the City shall obtainCity shall assume all intellectual and photographic property rights to the aArt donatedand transfer such
rights to the City. The City reserves the right to photograph Art for any and all
purposes, including, but not limited to, publicity and informational literature.
J. Any person(s) that Conveys Art to the City shall represent and warrant in writing that it owns the Art and that the Art shall be Conveyed to the City free and clear of
all liens, restrictions, security interests or agreements by which the City would be
bound, but subject to all laws generally applicable to the transfer of title of any work
of Art.
K. Subject to compliance with California Civil Code Section 987, the City shall assume
no liability in the event of loss or damage to any Art accepted into the City’s
collection.
Adopted- February 24, 1986
Reaffirmed-January 24, 2994
Amended & Reassigned-April 8, 2003
Amended-January __, 2014 Formerly F-23
Formerly I-13