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HomeMy WebLinkAboutAgenda Item - 2026-06-02 - Number 09.1 - Resolution 26-21, Special Procurement for City Public Arts Program and Agreement with ACLO 9.1 E 0 COUNCIL REPORT V -~ 0 OREGO� Subject: Resolution 26-21; Approving a Special Procurement for Administration of City Public Arts Programs; Approving an Agreement with the Arts Council of Lake Oswego Meeting Date: June 2, 2026 Staff Member: Megan Phelan, Assistant City Manager Department: City Manager's Office Action Required Advisory Board/Commission Recommendation ❑ Motion ❑ Approval ❑X Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑X Resolution ❑X Not Applicable ❑ Information Only Comments: ❑ Council Direction ❑ Consent Agenda Staff Recommendation: Adopt Resolution 26-21. Recommended Language for Motion: Move to adopt Resolution 26-21 approving a Special Procurement and the Agreement with the Arts Council of Lake Oswego Project/ Issue Relates To: ❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑X Not Applicable ISSUE BEFORE COUNCIL To consider a new agreement between the City and the Arts Council of Lake Oswego (ACLO) to provide administration of the City Public Art Program including maintenance and conservation of the City art collection, acquisition of new art on behalf of the City, deaccessioning of City art, administration of the City's Percent for Art Program, administration of the Gallery Without Walls Exhibit, administration of the Public Art Committee, and other activities related to the promotion and preservation of the arts in Lake Oswego. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 2 BACKGROUND The ACLO has been under contract with the City since 1999. The benefit of contracting these programs and services to the ACLO is they have the expertise and ability to provide them more efficiently and effectively to the community. DISCUSSION The Gallery Without Walls, People's Choice Award, and the Annual invitational or juried exhibition programs are the cornerstone to Lake Oswego's art culture. Maintenance and conservation of the City's art collection is a necessity, and the ACLO has the expertise, experience, and resources necessary to ensure the quality of the collection for future generations. The proposed new agreement is for three years and provides for an increase from $225,078 annually to $271,830 annually in the first year of the agreement, effective July 1, 2026, and provides 3% increase each additional year of the agreement. Other changes include: • Incorporation of the Public Art guidelines that was approved by City Council in July 2024. • Clarification that any expense for maintenance or conservation in excess of$2,000 per piece per year shall be approved by the City and will be separately invoiced by the ACLO and paid by the City. • Inclusion of a reference to the ACLO biennial work plan that includes items or programs in addition to the services generally provided and will be approved by City Council. • Better clarification of the services provided to ACLO, including networked access to dedicated internet service, access to Laserfische, and marketing and promotion of ACLO events that are specific to the services and activities under the agreement. • Moving from a seven-year contract to a three-year contract to better align with the City's budget process, ACLO's budget process, the Public Art Master Plan workplan and subsequent bi-annual work plan, and the ACLO strategic plan. During the study session at the May 20 City Council meeting a question was asked about how the annual 3% increase over the seven-year period of the current ACLO contract compared to inflation over the same time frame. The current contract with ACLO was effective July 1, 2019. The consumer price index between 2019 and 2026 averaged 3.8% (highest was 7.4% in 2022, and lowest was 1.5% in 2021) and therefore was higher than the 3% increase provided annually to the ACLO. ALTERNATIVES City Council could consider directing staff to negotiate different terms of the agreement, choose not to increase the amount of the annual contract, or terminate the contract with ACLO. Staff believes all these options would significantly impact the ability of the City to provide the same level and quality of services and programs. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 3 FISCAL IMPACT The proposed new agreement is for three years and is $271,830 annually in the first year of the agreement, effective July 1, 2026, and provides 3% increase each additional year of the agreement. The funding for the program comes from the Tourism Fund. RECOMMENDATION Approve Resolution 26-21. ATTACHMENTS 1. Resolution 26-21, with Exhibit A-Agreement for Administration of City Public Arts Programs 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city ATTACHMENT 1 RESOLUTION 26-21 A RESOLUTION OF THE LAKE OSWEGO CITY COUNCIL,ACTING AS THE LAKE OSWEGO PUBLIC CONTRACT REVIEW BOARD PURSUANT TO ORS 279A.060, MAKING FINDINGS AND APPROVING A SPECIAL PROCUREMENT FOR ADMINISTRATION OF CITY PUBLIC ARTS PROGRAMS AND APPROVING AN AGREEMENT WITH THE ARTS COUNCIL OF LAKE OSWEGO WHEREAS, Lake Oswego Public Contract Rules ("LOPCR") 47-0277(4) generally requires a competitive solicitation process for contracts for personal services if the contract price is expected to exceed $100,000; and WHEREAS, OAR 137-047-0285 and ORS 2796.085 allow the City Council, acting as the Lake Oswego Public Contract Review Board, to award a special procurement of a personal services contract without a competitive solicitation process in cases where the contract award will: 1. Be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts; and 2. Is reasonably expected to result in substantial cost savings to the City or to the public; or otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with competitive solicitation requirements. WHEREAS, it has been proposed that the City enter into an agreement with the Arts Council of Lake Oswego, for the administration of the City's public arts programs for fiscal years 2026-27 through 2028- 29 (the "Agreement"). WHEREAS, certain activities called for under the Agreement could be considered "personal services" that would generally be subject to the competitive solicitation process outlined in LOPCR 47-0277(4) unless a special procurement is awarded; and WHEREAS, on June 2, 2026, a duly noticed public hearing was held before the Lake Oswego City Council, acting as the Lake Oswego Public Contract Review Board, to provide interested persons the opportunity to appear and comment on the proposal to approve the Agreement as a special procurement; and WHEREAS,the Lake Oswego City Council has fully considered the testimony and other evidence produced at the public hearing; and THE LAKE OSWEGO CITY COUNCIL,ACTING AS THE LAKE OSWEGO PUBLIC CONTRACT REVIEW BOARD, HEREBY ADOPTS THE FOLLOWING FINDINGS: 1. In 1992, the City established the Lake Oswego Arts Commission to provide recommendations to the City Council related to public art and to administer the City's newly created Percent for Art Program. In addition to that program, the Commission developed and administered other arts programs such as the Visual Chronicle, the Gallery Without Walls outdoor art exhibit and the Playwright Competition. 2. Despite the Commission's many achievements, attempts at raising funds for public art through private contributions were less successful. Noting the reluctance of potential donors to make contributions to government entities, the City encouraged the formation of a private non-profit organization that would be in a better position to solicit private donations in addition to administering the public arts programs.This resulted in the establishment of the Lake Oswego Foundation of the Arts,which currently operates as the Arts Council of Lake Oswego (the "Arts Council"). 3. Since its formation in 1999,the Arts Council has, through agreements with the City, successfully administered the City's public arts programs in addition to engaging in fundraising activities. The Agreement for administration of these programs is in need of renewal. 4. Members of the Arts Council have been instrumental in developing and operating the City's current arts programs. No other private nonprofit arts organization in Lake Oswego is similar to the Arts Council in terms of the membership, community relationships, experience and history of developing and operating public art programs in the City.The Lake Oswego Public Contract Review Board finds that, at this time, it is in the public interest to have the City's public arts programs continue to be administered by an organization with these characteristics and qualities. 5. For these reasons, approving a special procurement to renew the Agreement with the Arts Council will substantially promote the public interest in a manner that could not be practically realized by following a competitive solicitation process. 6. Approving this Agreement as a special procurement will be unlikely to encourage favoritism in the awarding of public contracts, or to substantially diminish competition for public contracts, as this is a unique Agreement for which only one private non-profit organization in Lake Oswego has the qualifications, experience and membership to meet the City's current objectives. BASED UPON THE PROCEEDING FINDINGS OF FACT, IT IS HEREBY RESOLVED THAT: 1. A special procurement of the Agreement for Administration of City Public Arts Programs, in substantially the form attached as Exhibit A, is approved pursuant to OAR 137-047-0285 and ORS 2796.085. 2. The Mayor is authorized to execute the Agreement for Administration of City Public Arts Programs, with the Arts Council of Lake Oswego, in substantially the form as attached as Exhibit A. 3. This resolution shall be effective immediately upon its adoption by the City Council. Adopted at the regular meeting of the City Council of Lake Oswego on this 2nd day of June, 2026. AYES: NOES: ABSTAIN: EXCUSED: Joe Buck, Mayor ATTEST: Laural Hawkins, City Recorder APPROVED AS TO FORM: Erica Tatoian, City Attorney EXHIBIT A AGREEMENT FOR ADMINISTRATION OF CITY PUBLIC ARTS PROGRAMS THIS AGREEMENT is entered into between the CITY OF LAKE OSWEGO, an Oregon municipal corporation, ("the City"), and ARTS COUNCIL OF LAKE OSWEGO, an Oregon nonprofit corporation, ("Arts Council"). RECITALS WHEREAS the City maintains a public art collection, administers a program whereby 1.5 percent of the cost of certain public capital projects is dedicated to the acquisition of art, has established an outdoor art exhibit known as the "Gallery Without Walls" and engages in other activities related to promotion and preservation of the arts in Lake Oswego; and WHEREAS the City Council has determined that the Arts Council is capable of implementing the City's arts programs consistent with the requirements of the Public Art Guidelines, and in a manner that is in the best interests of the residents of the City of Lake Oswego. AGREEMENT 1. Administration of Arts Programs. For the duration of this Agreement, the Arts Council shall be responsible for the administration and implementation of the City's arts programs as provided in this Agreement. 2. Compliance with Public Art Guidelines. In performing its duties under this Agreement, the Arts Council shall at all times comply with all requirements of the City's Public Arts Guidelines, as they now exist, or as they may be later amended by the Lake Oswego City Council. A copy of the Public Arts Guidelines, in their current form, is attached as Exhibit A, and is incorporated in this Agreement by this reference. 3. Public Art Committee. The Arts Council shall establish and oversee a Public Art Committee in accordance with the provisions of Section 3 of the Public Art Guidelines. The Public Art Committee shall consist of seven (7) members and shall be a committee of the Arts Council, not of the City. The functions of the Public Art Committee shall be as provided in the Public Art Guidelines. Although the Public Art Committee shall be a committee of the Arts Council,all meetings of the Public Art Committee shall comply with the requirements for meetings of a "governing body of a public body" under the Oregon Public Meetings Law (ORS 192.610 et. seq.), and committee members shall refrain from actions constituting conflicts of interest, as provided in the Public Art Guidelines. 4. Services to be Performed. The Arts Council shall perform the following services, in accordance with the requirements of the Public Arts Guidelines: a. Maintenance and conservation of the City's Public Art Collection, including cataloguing, periodic review, maintenance, placement and storage, and updates of the Arts Council website and links to the City's website. Any expense for maintenance or conservation in excess of $2000 per piece per year shall be approved by the City in advance and will separately invoiced by the Arts Council and paid by the City. Page 1—AGREEMENT FOR ADMINISTRATION OF CITY ARTS PROGRAMS EXHIBIT A b. Administration and hosting of an annual invitational or juried exhibition for artists in the City of Lake Oswego. c. Acquisition of art on behalf of the City, upon prior approval by the City, and, except for any acquisitions to be made using the compensation provided under paragraph 6 (e.g. the People's Choice Award acquisition), subject to availability of City funds; d. Deaccessioning of art; e. Acceptance of public art donations and memorials; f. Management of loans of works from the Public Art Collection; g. Administration of the City's Percent for Art Program under Chapter 18 of the Lake Oswego Code.; h. Administration of the City's Gallery Without Walls Exhibit, including the public voting process, selection and purchase of a "people's choice" work from the Exhibit when such purchase is approved by the City Council in the biennial ACLO work plan; Participate in a community celebration to introduce the new Gallery Without Walls on- loan sculptures, and announce the People's Choice award winner if appropriate; and j. Additional public art services. In addition to the foregoing services and the specific projects required under paragraph 5 of this Agreement, the City shall endeavor, in its discretion, to provide the Arts Council opportunities to administer other City-sponsored activities that may occur relating to the promotion and preservation of public art such as public art exhibits,invitationals,artist events and educational seminars/events. The City's objective is for the Arts Council to be the primary administrator of public art activities within the City. When the City offers such an additional opportunity to the Arts Council, the offer shall be in writing and shall clearly describe the scope and cost of the activity. Nothing in this subparagraph shall be construed to preclude the City from continuing to offer cultural arts programming and events, or to require that the administration of such additional programming and events be offered to the Arts Council. 5. Additional Specific Projects. In addition to the activities under the services generally described in paragraph 4 above, the Arts Council shall develop and submit a proposed ACLO biennial work plan to the City Council for approval. Upon approval by the City Council,the Arts Council shall implement and successfully complete the specific projects identified in the approved work plan, which shall be reflected in an amended Exhibit B. 6. Compensation. Subject to appropriation of funds, the City agrees to pay, and the Arts Council agrees to accept,as full payment for the Arts Council's services under this Agreement,a sum not to exceed Two Hundred Seventy One Thousand Eight Hundred and Thirty Dollars ($271,830.00)for the services and related costs for the first year of the agreement with annual increases equal to 3% in any one year for an additional two (2) years to a maximum of$840,200.00. The amount for each fiscal year shall be paid in two (2) equal installments, subject to the City's timely receipt of itemized invoices submitted by the Arts Page 2—AGREEMENT FOR ADMINISTRATION OF CITY ARTS PROGRAMS EXHIBIT A Council. Payments shall be made within ten (10) days following receipt from the Arts Council of the itemized invoice for the invoiced period. 7. Reporting. The Arts Council shall provide regular financial and program reports to the City according to the following schedule: a. Submit to the City by December 31 of each year for the prior July through June: • Arts Council Balance Sheet • Arts Council Profit and Loss by Class • ACLO will provide the City with backup documentation upon request unless considered privileged and/or confidential. • Most recent Form 990 • Narrative description of services performed for the City for the year. 8. Services Provided by the City. For the duration of this Agreement, the City shall provide the Arts Council with the following, which shall be used by the Arts Council exclusively for activities under this Agreement and activities of direct benefit to the arts in the City of Lake Oswego: a. Storage and Office Space. Storage for the City art collection, office space, and networked access to dedicated internet service/Wi-Fi. b. Museum Space. Museum space when available at the sole discretion of the City. c. Computer Support. Reasonable assistance from the City's Information Technology Department for general troubleshooting relating to the services provided under 8.a, above. City to provide access and licensing for Laserfiche for purposes of retaining documentation of City assets relevant to the collection. d. Site Preparation / Placement / Installation Assistance. Coordination and logistic assistance shall be provided upon request and subject to availability. e. Marketing and Promotion of Events. Reasonable print services and space to market events and activities within City-owned publications and digital platforms (including, but not limited to,the City print newsletter(HelloLO),website,digital newsletters,and official social media channels) related to activities and/or programs under this Agreement, such as Gallery Without Walls brochure, celebrations, and advertisements in City-owned publications and digital platforms, postcards for exhibitions displayed at City buildings, Public Art Committee recruitment in City-owned publications and digital platforms, advertising for 1 1/2 %for art projects, and recruiting for volunteers to assist with docent tours of City art and Gallery Without Walls and conservation work on City art. To ensure effective coordination and adherence to production deadlines,all marketing requests and planning for these activities shall be provided to the City with advance notice.Submissions must meet the City's established production deadlines and brand standards to be considered for inclusion.The City retains final editorial control to ensure all content aligns with City goals and communication priorities. Marketing and promotion of Arts Council related events and activities, such as exhibitions and Art Mart, are considered separate from this Agreement. Page 3—AGREEMENT FOR ADMINISTRATION OF CITY ARTS PROGRAMS EXHIBIT A f. City Liaison. The City shall provide a staff liaison to facilitate communication between the City and the Arts Council. 9. Duration of Agreement. This Agreement shall be effective as of July 1, 2026, and shall remain in effect until June 30, 2029, unless terminated earlier as provided herein. 10. Termination of Agreement. 10.1 Termination by Mutual Consent. This Agreement may be terminated at any time by mutual written consent of the parties. 10.2. Termination upon Notice. Either party may, at its sole discretion, terminate this Agreement upon 180 days written notice to the other Party. 10.3 City's Right to Terminate for Cause. The City may terminate this Agreement, in whole or in part, immediately upon notice to the Arts Council, or at such later date as the City may establish in such notice, upon the occurrence of any of the following events: a. The City fails to receive funding, or appropriations, limitations or other expenditure authority at levels sufficient to pay for the Arts Council's services; b. Federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the services under this Agreement are prohibited or the City is prohibited from paying for such services from the planned funding source; c. The Arts Council no longer has non-profit status, is no longer qualified to receive deductible contributions under Section 501(c)(3)of the Internal Revenue Code or no longer holds any license or certificate that is required to perform the services under this Agreement; or d. The Arts Council commits any material breach or default of any covenant, warranty, obligation under this Agreement, fails to perform the services and other obligations under this Agreement within the time specified herein or any extension thereof, or so fails to pursue those services and obligations as to endanger the Arts Council's performance under this Agreement in accordance with its terms, and such breach, default or failure is not cured within 5 business days after delivery of written notice by the City, or such longer period as the City may specify in such written notice. 10.4 Arts Council's Right to Terminate for Cause. The Arts Council may terminate this Agreement upon 30 days' written notice to the City if City fails to pay the Arts Council pursuant to the terms of this Agreement and City fails to cure within 30 business days after receipt of such notice from the Arts Council,or such longer period of cure as the Arts Council may specify in such notice. 10.5 Remedies. a. In the event of termination pursuant to Sections 10.2, 10.3(a), 10.3(b), or 10.4, the Arts Council's sole remedy shall be a claim for the sum designated for Page 4—AGREEMENT FOR ADMINISTRATION OF CITY ARTS PROGRAMS EXHIBIT A accomplishing the services multiplied by the percentage of services completed and accepted by the City, less previous amounts paid and any claim(s) that City has against the Arts Council. If previous amounts paid to the Arts Council exceed the amount due to the Arts Council under this subsection, the Arts Council shall pay any excess to the City upon demand. b. In the event of termination pursuant to Sections 10.3(c) or 10.3(d) the City shall have any remedy available to it in law or equity. If it is determined for any reason that the Arts Council was not in default under sections 10.3(c) or 10.3(d), the rights and obligations of the parties shall be the same as if the Agreement was terminated pursuant to section 10.2. 10.6. Arts Council's Tender Upon Termination. Upon receiving a written notice of termination of this Contract, the Arts Council shall immediately cease all activities under this Agreement, unless the City expressly directs otherwise in such written notice of termination. Upon termination of this Agreement,the Arts Council shall deliver to the City all documents, information,works-in-progress and other property that are the subject of this Agreement. Upon the City's request, the Arts Council shall surrender to anyone the City designates all documents, objects or other tangible things needed to complete the projects, services and activities that are the subject of this Agreement. 11. Insurance. The Arts Council shall obtain prior to the commencement of the Agreement, and shall maintain in full force and effect for the term of this Agreement, at the Arts Council's expense, a comprehensive general liability policy providing coverage for the Arts Council's activities under this Agreement. If the insurance policy is issued on a "claims made" basis,then the Arts Council shall continue to obtain and maintain coverage for not less than three (3) years following the completion of the Agreement. The policy shall be issued by a company authorized to do business in the State of Oregon, protecting the Arts Council or anyone directly or indirectly employed by the Arts Council against liability for the loss or damage of personal and bodily injury, contractual liability,death and property damage,and any other losses or damages above mentioned with limits not less than (a)$2,000,000 per occurrence and $3,000,000 in the aggregate; or (b) the limit of public liability contained in ORS 30.260 to 30.300 for any policy, whichever is greater. The Arts Council shall not undertake any acts that shall affect the coverage afforded by the above policy. The Arts Council shall cause the insurance company to provide the City with a certificate of insurance and an endorsement thereto naming the City as an additional insured, and to provide the City thirty (30) days written notice of cancellation or material modification of the insurance contract. The Arts Council shall provide the City written notice of cancellation or material modification of the insurance contract for not less than the following notice for the purposes stated: thirty days prior notice for reasons other than non-payment; ten days prior notice for non-payment. The Arts Council shall not perform any activities under this Agreement until the City has received copies of applicable insurance policies or acceptable evidence that appropriate insurance as provided above is in force. 12. Changes. This Agreement, including all attachments and exhibits annexed hereto, shall not be subject to modification or amendment except in writing, executed by both parties. 13. Independent Contractor Status. The Arts Council agrees and certifies that: Page 5—AGREEMENT FOR ADMINISTRATION OF CITY ARTS PROGRAMS EXHIBIT A a. The Arts Council is engaged as an independent contractor.Although the City reserves the right(i)to determine (and modify)the delivery schedule for the services to be performed and (ii) to evaluate the quality of the completed performance, the City cannot and will not control the means or manner of the Arts Council's performance, nor provide any tools or equipment for the performance of the Arts Council's obligations under this Agreement, except as provided elsewhere in this Agreement. The Arts Council is responsible for determining the appropriate means and manner of performing the Work. b. The Arts Council shall be responsible for all federal or state taxes applicable to compensation or payments paid to the Arts Council under this Agreement and, unless the Arts Council is subject to backup withholding, City will not withhold from such compensation or payments any amount(s)to cover the Arts Council's federal or state tax obligations. c. The Arts Council will not, on account of any payments made under this Agreement, be eligible for any benefit from federal social security, workers' compensation, unemployment insurance, or the Public Employee's Retirement System, except as a self- employed individual; d. The Arts Council is not currently an employee of the federal government or the State of Oregon; e. The Arts Council is not a contributing member of the Public Employee's Retirement System; and f. The Arts Council is not an "officer," "employee,"or"agent"of the City, as those terms are used in ORS 30.265. 14. Subcontracts and Assignment. No subcontract shall be made by the Arts Council with any other party for furnishing any of the services, projects and activities that are the subject of this Agreement without obtaining the prior written consent of the City, which City may withhold without cause. This Agreement is not assignable by the Arts Council, either whole or in part, unless the Arts Council has obtained the prior written consent of the City. The City and the Arts Council are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any enforceable benefit or right, whether directly, indirectly or otherwise, to third persons. 15. Hours of Labor. For those employees of the Arts Council covered or subject to Oregon employment laws, the Arts Council shall pay employees for overtime work performed under this Agreement in accordance with ORS 653.010 to 653.261 and the Fair Labor Standards Act of 1938 (29 USC 201 et seq.). 16. Representations and Warranties.The Arts Council represents and warrants to City that: a. The Arts Council has the power and authority to enter into and perform this Agreement; b. This Agreement, when executed and delivered, shall be a valid and binding obligation of the Arts Council enforceable in accordance with its terms, and this Agreement was duly approved and executed pursuant to authority of the governing body of the Arts Council; Page 6—AGREEMENT FOR ADMINISTRATION OF CITY ARTS PROGRAMS EXHIBIT A c. The Arts Council will accomplish the services using a standard of performance and care that is currently accepted by others engaged in similar activities in the Portland metropolitan area; d. The Arts Council shall, at all times during the term of this Agreement, be qualified, professionally competent, and duly licensed to perform the services, and shall be a non- profit corporation eligible to receive deductible donations pursuant to Section 501(c)(3) of the Internal Revenue Code; e. The Arts Council has no present interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services under this Agreement,and that in the performance of this Agreement no person having any such interest shall be employed; f. The Arts Council covenants that the Arts Council has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the Arts Council's services. The Arts Council further covenants that in the performance of this Agreement no person having any such interest shall be employed; and g. The warranties set forth in this section are in addition to, and not in lieu of, any other warranties provided. 19. Records. The Arts Council shall have access to the books, documents, papers and records of the City as necessary for the Arts Council's performance under this Agreement. The Arts Council shall not disclose all or any part of such records to any other person, firm, corporation, association or other entity except as reasonably necessary to carry out this Agreement, without the consent of the City. The Arts Council agrees that the City and its authorized representatives shall have access to the books, documents, papers and records of the Arts Council which are pertinent to this Agreement for the purpose of making audits, examinations, excerpts and transcripts. The Arts Council shall maintain all fiscal records relating to this Agreement in accordance with generally accepted accounting principles. In addition, the Arts Council shall maintain any other records pertinent to this Agreement in such a manner as to clearly document the Arts Council's performance. The Arts Council acknowledges and agrees that the City's duly authorized representatives shall have access to such fiscal records and other books, documents, papers, plans and writings of the Arts Council that are pertinent to this Agreement to perform examinations and audits and make excerpts and transcripts. The Arts Council shall retain and keep accessible all such fiscal records, books, documents, papers, plans, and writings for a minimum of three (3) years, or such longer period as may be required by applicable law, following final payment and termination of this Agreement, or until the conclusion of any audit, controversy or litigation arising out of or related to this Agreement, whichever date is later. The Arts Council shall submit to the City Council an annual report for the Arts Council identifying program accomplishments, and revenues and expenses. 20. Indemnity and Hold Harmless. The Arts Council shall defend, indemnify, and hold the City, its officers, agents and employees, harmless against all liability, loss, or expenses, including attorney's fees, and against all claims, actions or judgments based upon or arising out of damage or injury (including Page 7—AGREEMENT FOR ADMINISTRATION OF CITY ARTS PROGRAMS EXHIBIT A death) to persons or property caused by any act or omission of an act sustained in connection with the performance of this Agreement or by conditions created thereby, or based upon violation of any statute, ordinance or regulation. This contractual indemnity provision does not abrogate common law or statutory liability and indemnification to the City, but is in addition to such common law or statutory provisions. 21. Compliance with Laws. The Arts Council shall comply with all federal, state and local laws and ordinances, applicable to this Agreement and the activities, services and projects and other work to be done under this Agreement. The Arts Council shall comply with all applicable federal, state, and local laws, rules,and regulations on nondiscrimination in employment because of race,color,ancestry, national origin, religion, sex, sexual orientation, gender identity, marital status, age, medical condition, or disability. CITY OF LAKE OSWEGO, ARTS COUNCIL OF LAKE OSWEGO, an Oregon Municipal Corporation an Oregon nonprofit Corporation By: Lynn Peterson, City Manager Pro Tem By: Lawrence Kitchen , President of the Board DATED: DATED: Page 8—AGREEMENT FOR ADMINISTRATION OF CITY ARTS PROGRAMS City of Lake Oswego Public Art Guidelines EXHIBIT A City of Lake Oswego: Public Art Guidelines Table of Contents 1. Introduction P. 2 2. Roles and Responsibilities P.4 3. Public Art Committee P. 7 4. Collection Management P. 9 5. Acquisition of Artworks P. 11 6. Deaccession of Artwork P. 14 7. Loans of City Artworks P. 16 8. Donations to the City Collection P. 17 9. Gallery Without Walls P. 20 10. 1.5%for Public Art P. 24 VI.APPENDIX F I Revised Guidelines 1 62 City of Lake Oswego Public Art Guidelines EXHIBIT A 1. Introduction The City of Lake Oswego's art collection is a cultural, recreational, and educational resource that is held in trust for the public.The collection is significant to Lake Oswego's quality of life and complements the City's mission of enhancing the lives of its citizens. The guidelines contained in this document define how the collection shall be developed and maintained. The City contracts with the Arts Council of Lake Oswego, ("ACLO") to develop and maintain the City's art collection. ACLO is an independent nonprofit organization that works with the City of Lake Oswego to ensure the arts are an integral part of community life. ACLO is responsible for creating City-approved guidelines for the acquisition, maintenance, education, and deaccession of Lake Oswego's art collection. These guidelines provide a framework for the placement and preservation of public art in Lake Oswego, providing access to art exhibitions for residents and visitors,and advancing lifelong learning about the arts through educational programs and docent tours.ACLO also appoints and governs a Public Art Committee which is subject to the terms and conditions established in ACLO's bylaws, Section 3.13. 1.1 Definitions. Accession. To accept a work of art into the City's permanent art collection. Advisor. A professional asked by the Arts Council or by the Public Art Committee to provide advice on some aspect of a project. AGREEMENT FOR ADMINISTRATION OF CITY PUBLIC ARTS PROGRAMS. AGREEMENT entered into between the CITY OF LAKE OSWEGO, an Oregon municipal corporation, ("the City"), and ARTS COUNCIL OF LAKE OSWEGO, an Oregon nonprofit corporation, ("Arts Council"). WHEREAS the City maintains a public art collection, administers a program whereby 1.5 percent of the cost of certain public capital projects is dedicated to the acquisition of art, has established an outdoor art exhibit known as the "Gallery Without Walls" and engages in other activities related to promotion and preservation of the arts in Lake Oswego; and WHEREAS the City Council has determined that the Arts Council is capable of implementing the City's arts programs consistent with the requirements of the Public Art Guidelines, and in a manner that is in the best interests of the residents of the City of Lake Oswego. VI.APPENDIX F I Revised Guidelines 2 63 City of Lake Oswego Public Art Guidelines EXHIBIT A Architect/Engineer.The person or firm designing the improvement project to which the 1.5 Percent 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 Percent 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 Council of Lake Oswego. A nonprofit independent entity with whom the City contracts to maintain and develop the City's public art collection. Arts Council of Lake Oswego Board. See Section 3 of the ACLO Bylaws Except as otherwise provided by law, by the Articles of Incorporation, or by these Bylaws,the business and affairs of the Corporation shall be managed by its Board of Directors. The number of Directors of the Corporation shall be not less than eight (8) nor more than twenty-one (21). Biennial Public Art Work Plan. A document prepared by Arts Council of Lake Oswego staff and reviewed and approved by Lake Oswego City Council that articulates funding source's, budgets, locations, goals, artwork acquisition methods, and maintenance requirements for works of art. 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 or artist team is selected for the project. Capital Improvement Program (CIP).The City's program for advance planning of capital improvements. City Project. See Section LOC 18.02.015 Any capital project in an amount over$25,000 paid for wholly or in part by the City of Lake Oswego to construct, rehabilitate, remodel or purchase for a public use any building, decorative or commemorative structure, park, parking facility or any portion thereof within the limits of the City of Lake Oswego. "City project" does not include street, pathway or utility construction, emergency work, minor alterations, ordinary repair or maintenance Consultant.A paid professional hired by Arts Council of Lake Oswego staff, a Selection Committee, VI.APPENDIX F I Revised Guidelines 3 64 City of Lake Oswego Public Art Guidelines EXHIBIT A or Public Art Committee. 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 is subject to LO Code Chapter 18 by its sponsorship of a City project. 1.5 Percent for Art Program. The Program established by Lake Oswego Code Chapter 18 to set aside a percentage of the total cost of eligible City projects for public art Permanent Art Collection.All works of art owned by the City of Lake Oswego, either site specific or part of a portable collection, and maintained by ACLO. 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 possess functional as well as aesthetic qualities. Public Art Committee.A seven-member committee of the Arts Council of Lake Oswego that is appointed jointly by the City and ACLO to develop and maintain the City's public art collection, and to provide oversight for the 1.5 Percent for Art Program process.The Public Art Committee is subject to the terms and conditions as laid out in the Arts Council of Lake Oswego's bylaws, Section 3.13. VI.APPENDIX F I Revised Guidelines 4 65 City of Lake Oswego Public Art Guidelines EXHIBIT A Public Art Program: Program of the City of Lake Oswego managed by the Arts Council of Lake Oswego and including: 1.5 Percent for Art Program, Gallery Without Walls, and the Permanent Art Collection. Public Art Master Plan. Periodic plan which guides the purchase and placement of public art and the acquisition of two-dimensional art and three-dimensional art in the City of Lake Oswego. Public Art Trust Fund. Chapter 18.04.120 of the Lake Oswego Municipal Code establishes a special City fund or account called the Public Art Trust Fund into which the monetary contributions for Public Art shall be deposited. Selection Committee: Body appointed by the Public Art Committee responsible for selecting and/or commissioning art work as part of the City's Gallery Without Walls or 1 5%for Art program. See Sections 9.3 and 10.8 2. Roles And Responsibilities. The following individuals and groups have significant roles in the development of the City's art collection: 2.1. Mayor and City Council 2.1.1. Review and adopt administrative policies and procedures for the public art program per Municipal Code Section 18.06.220. 2.1.2. Review and approve the Public Art Master Plan. 2.1.3. Review and approve the Biennial Public Art Work Plan at City Council meeting. 2.1.4. Appropriate funds to ACLO per the Agreement for Administration of City Public Art Program. 2.1.5. Appropriate available Percent for Art funds according to Lake Oswego Municipal Code Chapter 18. 2.1.6. Individually consult with Arts Council of Lake Oswego staff on community representatives to serve on public art selection and review panels. VI.APPENDIX F I Revised Guidelines 5 66 City of Lake Oswego Public Art Guidelines EXHIBIT A 2.1.7. Annually appoint two members of the City Council to serve as liaisons to the ACLO's Public Art Committee. 2.1.8. If desired or requested by ACLO, participate as observers in artist selection and/or review of art projects. 2.2.Arts Council of Lake Oswego 2.2.1. Appoint members of ACLO's Public Art Committee 2.2.2. Recommend Public Art Master Plan and Biennial Public Art Work Plan to the City Council. 2.2.3. Review, advise and recommend to City Council administrative policies and procedures for the public art program. 2.2.4. Monitor the public art program to ensure it complies with the adopted administrative policies and procedures. 2.2.5. Review and approve artist selection to ensure equal access to all qualified artists. Ensure artist selection is consistent with City's mission and values, including treating everyone with respect; valuing a diverse, inclusive, welcoming community; and a commitment to equitable treatment and elimination of discrimination in all its forms at all organizational levels 2.2.6. Recommend to City Council all contracts for artwork to be placed or erected on property of the City, or to become property of the City by commission, purchase, gift, loan (for over 90 days), or otherwise. 2.2.7. Other responsibilities as requested by City Council. 2.3. Public Art Committee of ACLO VI.APPENDIX F I Revised Guidelines 6 67 City of Lake Oswego Public Art Guidelines EXHIBIT A 2.3.1. Review and recommend all proposed acquisitions to and deaccessions from the City of Lake Oswego's art collection. 2.3.2. With ACLO staff, oversee the maintenance of the City's art collection, including the current listing of all artworks in the collection. 2.3.3. Remove works of art from the collection that do not meet the goals of the collection or are damaged beyond repair. 2.3.4. Recommend uses for Public Art Trust Fund monies generated through the 1.5 Percent for Art Program and other sources. 2.3.5. Review public art projects by private developers and community members that are proposed to be located on City property. 2.3.6. Recommend and approve new sites for City-owned artwork. 2.3.7 Advise ACLO and ACLO Staff on the implementation of the Public Art Master Plan 2.4.ACLO Staff 2.4.1. As outlined in the Administration Agreement with the City of Lake Oswego, administer all aspects of the Public Art Program and its projects from inception to completion; including program planning,the artist selection process, project planning, development and implementation, coordination with departments, contracts, budgets, approvals, community education and participation, documentation, registration, and installation. 2.4.2. Act in a curatorial capacity to ensure that artists respond to project descriptions,the site, budget, and stakeholder input with their best work prior to Public Art Committee or Selection Committee review. 2.4.3. Develop and implement the Public Art Master Plan and Biennial Public Art Work Plan in coordination with the Arts Council and City Council, City Manager or designee and appropriate City departments and representatives. 2.4.4. Develop and maintain a list of potential selection committee panelists for public art projects. VI.APPENDIX F I Revised Guidelines 7 68 City of Lake Oswego Public Art Guidelines EXHIBIT A 2.4.5. Collaborate with City department liaisons to develop project parameters and budgets for each project and facilitate inter-departmental communication and interaction throughout the project. 2.4.6. Develop on-going maintenance program for the rotating and permanent art collection. 2.4.7. Convene and facilitate public meetings as appropriate and necessary for the implementation of the program and/or specific projects. 2.4.8. Build partnerships with regional agencies, private developers, and philanthropists. 2.4.9. Publicize signature public art projects that will have Citywide impact. 2.4.10. Prepare and distribute publicity concerning the program and specific projects. 2.4.11. Document and archive, as necessary,the program and specific projects, including but not limited to contracts, photographs, construction drawings, maintenance manuals, and meetings. 2.4.12. Conduct an annual art inventory and see that necessary repairs are performed. 2.5 City Staff. 2.5.1 Act as a liaison to ACLO to ensure successful implementation of the public art programs included in the contract between the City and ACLO 2.5.2 Ensure program implementation consistent with council direction and terms and conditions of the Public Art Master Plan and contract with ACLO 2.5.3 Provide oversight of ACLO activities performed under the contract to provide accountability for the management of City owned assets and the expenditures of public funds 2.5.4 Perform other duties on behalf of the City as outlined in the Public Art Master Plan, the Contract between the City and ACLO, City Code, and the Public Art Guidelines, see Selection Committee and Confirm 1.5%for Art Capital Improvement Program (CIP). VI.APPENDIX F I Revised Guidelines 8 69 City of Lake Oswego Public Art Guidelines EXHIBIT A 3. Public Art Committee. 3.1. Membership.The Public Art Committee shall be composed of seven voting members appointed by a majority vote of the Arts Council of Lake Oswego Board and two non-voting City Council liaisons assigned yearly. Public Art Committee members shall be selected based on their knowledge of and familiarity with the arts and their understanding of the needs of the Lake Oswego community.At least five members must reside within the city limits of the City of Lake Oswego. Any non-City resident members must live, work or volunteer within Clackamas County.At least two of the members must be artists or arts professionals. 3.1.1. Recruitment. Members for the Public Art Committee will be recruited through public advertisement in the City's monthly newsletter, on the City's website,through social media, and through personal invitation.The Arts Council shall be responsible for initiating the recruitment process, although the Arts Council will make its best effort to coordinate with City staff and follow the City's annual recruitment process for City Boards, Commissions, and Committees. 3.1.2.Term. Members of the Public Art Committee shall serve a term of three years.After serving a term, members are eligible to serve one additional three-year term. Initial terms shall be staggered so that terms do not expire for all members at the same time. Should the Arts Council Board determine there is a difficulty in filling positions,they may allow members to serve a third three-year term without a one- year absence from the committee. 3.1.3. Meetings.The Public Art Committee shall meet as frequently as necessary to accomplish its business. Public Art Committee meetings currently take place monthly. Public notice shall be given in advance of all meetings. Meetings shall be conducted in accordance with the requirements of Oregon Public Meetings Law. 3.1.4. 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. 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 VI.APPENDIX F I Revised Guidelines 9 70 City of Lake Oswego Public Art Guidelines EXHIBIT A consideration by the committee, even if the financial interest is limited to an artist's 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, he or she professionally represents, shares a business interest, or has a matter before the Committee. During the time they serve on the Public Art Committee, artists may not sell or donate their own artworks to the City's art collection. 4. Collection Management. 4.1. Cataloguing the Collection. Arts Council of Lake Oswego staff shall maintain the catalogue of the City of Lake Oswego's art collection, including the title, artist, medium, creation date, accession date, placement, budget, and other information for each artwork.This catalogue shall be made available to the public online through ACLO's website as a map that links to information and images of the artwork on the Public Art Archive website. 4.2. Periodic Review.Arts Council of Lake Oswego staff shall annually review all holdings in the art collection and report on it to the Public Art Committee.The review of the collection shall examine each piece's condition to determine any restoration or preservation needs and examine its display or storage conditions.The review shall periodically estimate the value of each piece for insurance coverage and the City's fixed asset inventory.The review shall update the current listing of all holdings in the art collection catalogue and submit the updated list to City staff. 4.3. Maintenance of Collection. Upon completion of periodic review, Arts Council of Lake Oswego staff shall develop a list of artworks requiring routine maintenance or conservation.ACLO staff, in collaboration with City departments, shall conduct routine maintenance, train volunteers, or obtain the services of a professional to complete the repairs, cleaning, labeling, etc.that may be necessary to maintain the public art collection. 4.3.1. If an artwork repair is beyond the services contracted for in the agreement between the Arts Council and the City, Arts Council of Lake Oswego staff will seek a professional conservator to provide an estimate for conservation costs for approval by the City. Upon City Manager or designee approval, Arts VI.APPENDIX F I Revised Guidelines 10 71 City of Lake Oswego Public Art Guidelines EXHIBIT A Council of Lake Oswego staff shall coordinate cleaning and repairs with the appropriate City department(s). 4.3.2. City departments shall notify Arts Council of Lake Oswego staff as soon as practical if a work of art is damaged or stolen, or if the participating department plans to move it to another location or disrupt it. 4.4. Maintenance Plan. When the City purchases a new work of art, the artist shall be required to submit a maintenance plan, that includes detailed instructions and recommendations for cleaning and maintaining the work, and that also includes a timeline and plan for regular maintenance.The maintenance plan shall also provide a detailed description of all materials and processes used to fabricate the artwork, including the names and addresses of material suppliers, and shall describe the installation process for the artwork.The maintenance plan shall be kept on file at the Arts Council Office and in the collection database. 4.5.Artwork Placement of Works of Art. City Departments shall work with Arts Council of Lake Oswego staff and the Public Art Committee to assess and propose locations for public artwork during the development of the Biennial Public Art Work Plan. 4.6. Relocation of Artwork. While it is the intent that site specific works will remain on the site for which they were created, an artwork may be relocated if circumstances dictate. A reasonable effort shall be made to consult with the artist about possible relocation. The Public Art Committee,together with ACLO staff, shall consult with City staff and the artist,to recommend new sites for City. If an appropriate location for the artwork cannot be found,the Public Art Committee will consider deaccession, sale or donation of the work. 4.7. Donations. At times civic-minded citizens may wish to contribute to the art collection. See Section 8 for a more detailed explanation of how donations are reviewed and accepted. 4.8. Loans from the Collection.The Public Art Committee may,with City approval, make loans of art from the art collection. See Section 7 Loans Policy for a more detailed explanation of how loans are reviewed and approved. VI.APPENDIX F I Revised Guidelines 11 72 City of Lake Oswego Public Art Guidelines EXHIBIT A 5. Acquisition of Artwork. 5.1. Background. The City public art collection includes works commissioned through the 1.5 Percent for Art Program, the Public Art Trust Fund, and gifts of art to the City.Artworks shall be acquired through a review process based on their innate qualities and value to the entire collection. The Public Art Committee shall be responsible for developing the City art collection using the procedures in these Guidelines: 5.1.1. Biennial Work Plan. A Biennial Public Art Work Plan shall be prepared by Arts Council of Lake Oswego staff and shall articulate funding source/s, budgets, locations, goals, artwork acquisition methods, and maintenance requirements for works of art.The plan shall be reviewed and approved by the ACLO Board and City Council per Section 2. and implemented on behalf of the City with ACLO and Public Art Committee oversight. 5.1.2. Art Selection Criteria. The Public Art Committee should strive for a diverse collection of art to reflect a diverse community.All artworks selected for inclusion in the collection of the City of Lake Oswego must meet all the following criteria: 5.1.2.1.Artistic Excellence. Accepted works of art shall be of exceptional and enduring quality and as judged by the Public Art Committee. 5.1.2.2.Appropriateness to the City's Public Art Collection. Proposed artworks will be reviewed in relationship to existing goals for the public art collection, such as diversity of media, artists represented, styles, and geographic representation. 5.1.2.3.Appropriateness to Site. Relationship of the artwork to the site shall be considered in respect to its social, cultural, historical, and physical context. 5.1.2.4. Reflect Community Values. The City of Lake Oswego respects creative expression in the arts, including artistic expression that may provoke controversy. Public art has a unique ability to inspire a community to question its perspectives while simultaneously reflecting its values. The City recognizes that the Arts Council of Lake Oswego has particular expertise in balancing anticipated public reaction to challenging artworks alongside the value of artistic expression. On behalf of the City of Lake Oswego, VI.APPENDIX F I Revised Guidelines 12 73 City of Lake Oswego Public Art Guidelines EXHIBIT A ACLO strives to curate an art collection that is more than 'pretty' or'nice' but also one that ennobles, educates, and sparks public dialogue. 5.1.2.5.Adherence to Existing Master Plans.All works of art should adhere to the master plans of existing jurisdictions including but not limited to the plans of the Parks and Recreation Department, and Lake Oswego Redevelopment Agency and shall also comply with the Arts Council's Public Art Master Plan.The Public Art Committee will help to advise the sponsor of existing master plans. 5.1.2.6. Clear Title.The artwork must be able to be transferred to the City of Lake Oswego with a 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. 5.1.2.7. Original Works and Authentication. Only original works of art shall be accessioned for the collection. Forgeries, 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. 5.1.2.8. No Restrictions.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. 5.1.2.9. Standards for Exhibition. All art pieces must be made to be safely and securely displayed in a public setting. Sculpture must be able to be secured to prevent accidents.Artworks executed in fragile media must be able to be protected while displayed. Photographic and digital works must be authenticated as unique or limited editions before accessioning. 5.1.2.10. Maintenance and Security.The City of Lake Oswego shall only accept artwork that the Public Art Committee,the Arts Council of Lake Oswego, and City Staff believe can, within the financial confines of the foreseeable future, be adequately and safely displayed, maintained, and reasonably secured. 5.1.2.11 Maintenance Provisions. Maintenance concerns are a primary consideration.Adequate provision must be made for future needs. As outlined in Section 4.4,the Public Art Committee must be provided with detailed maintenance instructions for the work(s) of art, copies of which shall be on VI.APPENDIX F I Revised Guidelines 13 74 City of Lake Oswego Public Art Guidelines EXHIBIT A record at the Arts Council of Lake Oswego. Funds for future maintenance shall be deposited into the Public Art Trust Fund. 5.1.3. Desired Attributes 5.1.3.1.Variety of Media,Styles and Techniques. Art selected for the collection should broaden the range of media and techniques represented in the collection within the guidelines above for art exhibition in a public setting.The Public Art Committee should review the artistic diversity of the collection each year. 5.1.3.2.Artists of Varying Acclaim.The collection of the City of Lake Oswego should include artworks created by a wide range of artists of varied public status, chosen based on their intrinsic merit and relevance to the collection. 5.1.3.3.Value.The cost of any proposed piece of art should be a responsible investment for the City. The Public Art Committee may consult with an art consulting or appraisal firm to authenticate and verify the market value of any artwork that costs more than $5000. 5.1.3.4. Site Specificity: Major artworks selected for a specific site should be relevant to the environment, its size, and the use patterns of the area. 5.1.4. Methods of Acquisition. The selection criteria listed above apply to all artworks, regardless of the acquisition method used to bring a piece to the City art collection.There are several ways that a work of art may be acquired for the City art collection: 5.1.4.1. Open Competition. In open competition, any artist is invited to submit pieces or delineated proposals for consideration.A"Request for Proposals" 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, several sites, or several artworks.The Public Art Committee evaluates the applications and selects the artwork or proposal that best fits the criteria and the needs of the site(s). 5.1.4.2. Limited Competition.The Public Art Committee may choose to invite one or more artists to VI.APPENDIX F I Revised Guidelines 14 75 City of Lake Oswego Public Art Guidelines EXHIBIT A 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 this policy.The artist should be paid to submit proposal sketches or models for approval before beginning the final artwork, with opportunities to periodically view the artwork during different stages of completion to ensure the criteria are being met. 5.1.4.3. 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. 5.1.4.4.Artist on Design Team: An artist may be selected via direct invitation or limited competition to collaborate with the project architect as a consultant during the early planning phases of the project.The artist's role shall be to design artworks within the materials budget to be incorporated into the project. Once final design is complete, the general contractor shall be responsible for artwork fabrication, and the artist shall provide oversight during fabrication and installation.The artist may also collaborate with the project architect early in design phase and provide a budget to create independent artworks that will be sited at a predetermined location or locations. 5.1.4.5. Donations:The Public Art Committee may review and accept artwork donations. See Section 8, Donations Policy,for a more detailed explanation of how donations are reviewed and accepted. VI.APPENDIX F I Revised Guidelines 15 76 City of Lake Oswego Public Art Guidelines EXHIBIT A 6. Deaccessioning works of art. 6.1 Background.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 excellence as defined in Section 5.1.3.1, 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. Proceeds from the sale of deaccessioned art shall be deposited in the Public Art Trust Fund. 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 entire collection. At the beginning of the process,Arts Council of Lake Oswego staff 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,Gallery Without Walls, donation,or any other method, are eligible for deaccessioning. In the case of donated artworks, ACLO will review all legal documents relating to the donation prior to beginning the process. 6.4. Deaccessioning Procedure. Deaccessioning is the responsibility of the Public Art Committee with the support of the Arts Council of Lake Oswego,and with the approval of the City Manager or designee. The Committee may utilize the services of an appraiser and/or a consultant, if necessary, in the Committee's determination. 6.5. Criteria for Deaccessioning. The Public Art Committee may consider the VI.APPENDIX F I Revised Guidelines 16 77 City of Lake Oswego Public Art Guidelines EXHIBIT A deaccessioning of artwork for one or more of the following reasons: 6.5.1. A work is not, or is only rarely, on display because of lack of a suitable site. 6.5.2. The condition or security of the artwork cannot be reasonably guaranteed. 6.5.3. The artwork has been damaged or has deteriorated and repair is impractical or infeasible. 6.5.4. The artwork endangers public safety. 6.5.5. In the case of site-specific artwork,the artwork is destroyed by severely altering its relationship to the site. 6.5.6. The artwork has been determined to be significantly incompatible or inferior in the context of the collection. 6.5.7. The City Manager or designee wishes to replace the artwork with work of more significance by the same artist. 6.5.8. The artwork requires excessive maintenance or has faults of design or workmanship. 6.5.9. There has been sustained and overwhelming public objection that the artwork is inconsistent with the community's values. 6.6. Sequence of Action. 6.6.1. The Public Art Committee shall determine whether an artwork meets one of the criteria listed in Section 6.6. above. 6.6.2. The Public Art Committee and the Arts Council shall submit a report to City Manager or designee, identifying any restrictions they believe apply to the specific work. If the City Manager or designee is uncertain about the restrictions,they may seek the opinion of the City Attorney before deaccessioning the work. VI.APPENDIX F I Revised Guidelines 17 78 City of Lake Oswego Public Art Guidelines EXHIBIT A 6.6.3. The Public Art Committee and Arts Council Executive Director or designee shall review the report and may ask Arts Council of Lake Oswego staff to seek additional information regarding the work from the artists, art galleries, curators, appraisers, or other professionals. 6.6.4. The Public Art Committee shall send a deaccession report to the Arts Council Board of Directors for approval. 6.6.5. Upon approval of its recommendation, the Public Art Committee shall consider the following actions: 6.6.5.1. Sale or Trade. 6.6.5.1.1. Artist will be given first option to purchase or trade in compliance with the City's surplus property procedures. 6.6.5.1.3.Trade may be through artist, gallery, museum,or other institutions for one or more artwork(s) of comparable value by the same artist. 6.6.5.1.4. No works of art shall be sold or traded to members or staff of the City,the Arts Council or Public Art Committee, consistent with the conflict of interest policies in these guidelines. 6.6.5.1.5. Proceeds from the sale of a work of art shall be returned to the Public Art Trust Fund.Any pre- existing contractual agreements with the artist regarding resale shall be honored. 6.6.5.2. Destruction of work deteriorated or damaged beyond repair and deemed to be of negligible value. 6.6.5.3. Donation. 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 Committee and ACLO sees fit. 7. Loans of City Artworks. VI.APPENDIX F I Revised Guidelines 18 79 City of Lake Oswego Public Art Guidelines EXHIBIT A 7.1. Policy. The Public Art Committee may,with City Manager or designee approval, make loans from the collection to public institutions for the purpose of education. 7.2. Conditions for Lending artwork. When loans are made, it is the responsibility of the borrowing institution to cover all expenses of packing, shipping, and insurance. The borrowing gallery or institution shall submit proof of insurance coverage for the value of the piece. 7.3. Credit for Loans.The borrowing institution must credit the City of Lake Oswego art collection on labels and in catalogues. Credits must also include the name of artist, medium, and year artwork was created. VI.APPENDIX F I Revised Guidelines 19 80 City of Lake Oswego Public Art Guidelines EXHIBIT A 8. Donations Policy. 8.1. Background. In addition to City financial support,the public art collection may grow through the generous gifts of private citizens. A consistent and fair process for considering public art gifts and memorials shall be followed. The art selection criteria listed in Section 5.1.2 will be applied when considering public art gifts. Anyone wishing to sponsor a gift of artwork to the City should contact Arts Council of Lake Oswego staff 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. 8.2.Types of Donations. 8.2.1. Existing Works of Art. 8.2.1.1. 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. 8.2.1.2. Non-Portable. Works of a scale larger than would be appropriate for the portable collection and would require a semi-permanent or permanent site. 8.2.1.3. Commissioned Works of Art. Works of art that are commissioned gifts to the City and which usually require a specific site. 8.2.2. Review Criteria. 8.2.2.1. All artwork donations must be of high artistic quality and must meet the Art Selection Criteria in Section 5.1.2. of the Public Art Guidelines. 8.2.3. Review Process. EXISTING WORKS: PORTABLE OR NON-PORTABLE. 8.2.3.1. Initial Contact. Sponsor should send photographs of work(s) of art to the Arts Council of Lake Oswego with written materials, including name of the artist, his/her bio or resume, medium, size, date of VI.APPENDIX F I Revised Guidelines 20 81 City of Lake Oswego Public Art Guidelines EXHIBIT A execution and estimated value of the piece.This material shall be shared with the Public Art Committee for its recommendation. 8.2.3.2. 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. 8.2.3.3. Installation Readiness. In order to receive final acceptance, works of art should be professionally appraised at the sponsor or donors' expense 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. 8.2.3.4.Acceptance.The Public Art Committee will determine whether to accept or deny the proposed donation, subject to City Manager or designee approval, as well as its installation and maintenance provisions.After acceptance, the report will be sent to the Arts Council of Lake Oswego's Board of Directors by the Public Art Committee Board Liaison. 8.2.4. Commissioned Works of Art. 8.2.4.1. Initial Contact. Representatives of the Arts Council Staff, Public Art Committee, and the Board of Directors 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. 8.2.4.2. 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 VI.APPENDIX F I Revised Guidelines 21 82 City of Lake Oswego Public Art Guidelines EXHIBIT A 8.2.4.3.Artist Contract.The Arts Council of Lake Oswego will prepare a contract for the artist once selected. 8.2.4.4. Review"in concept" by Public Art Committee. The sponsor must submit a written proposal to the Arts Council 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 the City Manager or designee for acceptance or denial. 8.2.4.5. 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 the Public Art Committee, who will review and approve the materials. 8.2.5. 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 the Arts Council. 8.2.6. 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. VI.APPENDIX F I Revised Guidelines 22 83 City of Lake Oswego Public Art Guidelines EXHIBIT A 9. Gallery Without Walls Public Art Program. 9.1. Program Description. Lake Oswego's Gallery Without Walls' (GWW) integrates art into the daily lives of residents and visitors. Gallery Without Walls is an outdoor artwork program featuring artwork from regionally, nationally, and internationally acclaimed artists. All artwork is in the Urban Services Boundary of Lake Oswego, Parks,the Public Right of Way, City Property and in certain instances, private property. 9.2. Rotating Gallery Without Walls Mission. GWW includes approximately 25-35 artworks loaned by artists for a period of two years. Sited within six square blocks, it is intended as a walking exhibit that can be easily toured within an hours'time.The mission of the program is to cultivate beauty, spark interest, and generate economic vitality in Lake Oswego's downtown business district and to offer educational opportunities through the walking tour brochure, and docent-led tours for groups of all ages. All loaned artworks are available for purchase. 9.3. Gallery Without Walls Selection Committee. The Gallery Without Walls Selection Committee shall be composed of seven members, which includes one member of the Arts Council Board of Directors, a minimum of one artist with knowledge of three-dimensional artwork, and community members. Most members, except the participating artist(s), should reside or own a business within the City of Lake Oswego's Urban Service Boundary as established in the Lake Oswego Comprehensive Plan.A former GWW selection committee member should serve in an advisory capacity. 9.3.1. Process for Selecting Committee Members.The members of the Gallery Without Walls Selection Committee shall be recruited by Arts Council of Lake Oswego staff and existing Gallery Without Walls Selection Committee Members and shall be appointed by the Public Art Committee. Selection Committee members shall be chosen on the basis of their knowledge of and familiarity with the arts and their understanding of the needs of the Lake Oswego community. Each member may serve a maximum of three consecutive two-year terms. Initial terms shall be staggered so that terms do not expire for all members at the same time. It is advisable to have a minimum of two alternates selected to fill any position that becomes vacant before the expiration of terms. Each year, the Committee shall select one of its members to serve as Chair. The Chair should have previously served for at least two years on the Selection Committee. VI.APPENDIX F I Revised Guidelines 23 84 City of Lake Oswego Public Art Guidelines EXHIBIT A 9.3.2. Conflict of Interest. No member of the Selection Committee may submit an art proposal for the project. Members of the Selection Committee must follow the Conflict of Interest statement set forth in these Guidelines. 9.3.3. Process for Selecting Artwork for Rotating Gallery Without Walls Public Art Program. 9.3.3.1.Artist Solicitation. The Arts Council shall prepare a Request for Proposals (RFP) inviting artists to submit applications for the Rotating Gallery Without Walls exhibit. The Arts Council shall generate submission requirements for each REP.The Gallery Without Walls Selection Committee shall hold meetings as needed to review each submission and shall recommend up to 15 artworks for the exhibit each year.[6Bi, 9.3.3.2. Selection Criteria.The Selection Committee will jury artist submissions. The following criteria shall be used in determining artworks to include in the exhibit: 9.3.3.2.1.The proposed artwork can be an existing artwork, or an artwork specifically made for the exhibit. 9.3.3.2.2.All work must be of high artistic quality and must meet the Art Selection Criteria in Section 5.1.2. of these Guidelines.The Selection Committee will convene at minimum three times; once to review the quality of the artist's work, second to review the submitted artwork, and third to propose locations for artwork. In addition: 9.3.3.2.3. Each submitted artwork will be evaluated for safety.The artwork must be of a suitable scale, and not impede either walking or driving traffic. Each artwork must be approved by the City Engineer if appropriate and must be able to withstand the elements and normal wear and tear experienced by public art in an outdoor setting and be able to withstand possible pedestrian contact. 9.3.3.2.4. Each submission will be evaluated on the artist's qualifications. 9.3.3.2.5. Each artwork will be evaluated on the diversity of subject matter, medium, and style. 9.3.3.2.6. Each artwork will be evaluated on diversity in relation to the Gallery Without Walls program with relation to site, educational impact, visual impact, color and size. VI.APPENDIX F I Revised Guidelines 24 85 City of Lake Oswego Public Art Guidelines EXHIBIT A 9.3.3.3. Exhibit Parameters. Artworks are to be on loan to the City for a two-year exhibition period. If an artwork is removed or sold within the two-year exhibition period,the artist is required to submit a new artwork of the same quality and scale,which must be approved by the Selection Committee. An honorarium is provided for each artist following installation of their Artwork as defined in the Biennial Public Art Work Plan. All portable artworks in the exhibit must be for sale. Each artist is required to enter into a standard written agreement with the City. Arts Council of Lake Oswego staff shall coordinate the development of each agreement with the City Attorney and ensure that a current agreement is on record for each artwork on display. If artworks are to be sited on private property, a written agreement must be executed between the City and the owner, or person with authority to consent to use of the property, permitting the installation, and must be signed by all parties.The agreement will be prepared by the Arts Council and approved as to form by the City Attorney. Signing of the agreement is coordinated by the Arts Council and City Attorney's Office. During the exhibition period,the City shall maintain liability insurance in an amount, and subject to terms, approved by the City Attorney, to cover any damages incurred to the artwork by reason of the negligent acts of the City, its employees, and agents, for the period commencing upon successful installation of the artwork and ending immediately upon removal. Artist Agreements shall provide that the artists are responsible for delivering the artwork to the site, assisting with the installation of the artwork, and removing the artwork from the site at the end of the exhibition period. The Arts Council of Lake Oswego reserves the right to reject work that when completed differs from the approved proposal or does not meet stated standards. All sites must be approved by the Director of the Park& Recreation Department,the City Manager,the Director of Redevelopment, and the Director of Public Works if on City property or in a City public right of way. Various City Departments may be asked to assist the artist with the installation and deinstallation of artworks, if appropriate in the City's determination, and subject to availability and resources. The Arts Council of Lake Oswego shall notify the Public Works Department and Police Department of installations and deinstallations in advance. All installations must adhere to American Disabilities Act standards, including, but not limited to, right-of-way clearance standards,together with all other applicable laws, ordinances, and regulations. 9.3.4 Process for Purchase of Artwork from the Rotating Gallery Without Walls Public Art Program. 9.3.4.1. A purchase of artwork from the Gallery Without Walls Exhibit shall occur as provided in the current Agreement for Administration of City Public Arts Programs between the City and the Arts VI.APPENDIX F I Revised Guidelines 25 86 City of Lake Oswego Public Art Guidelines EXHIBIT A Council ("Administration Agreement"). Unless specifically stated otherwise in the Administration Agreement,funds from the general annual compensation provided to the Arts Council under the Administration Agreement shall be used for the purchase. 9.3.5. Operational Procedures.The GWW Selection Committee shall also oversee the People's Choice Purchase Award process. 9.3.5.1.The Selection Process.The Public Art Committee shall convene the selection committee and define the committee's objectives, which shall include: 9.3.5.2. Creating a list of up to five artworks for consideration as possible purchases; and 9.3.5.3. Establishing and administering a process for the public to vote for its preference from among the artworks on the list. 9.3.5.4. The Selection Committee process shall proceed as follows: 9.3.5.4.1. Upon notification of the objectives, the Selection Committee will review the current Gallery Without Walls artworks and establish a list of up to five artworks, one of which will be selected by a vote of the public. 9.3.5.4.2. Final Approval of Selected Artwork. Upon certification of the public's vote and approval of the Public Art Committee,the artist will submit an invoice/Bill of Sale to ACLO 9.3.5.4.3. Once received by the Arts Council of Lake Oswego, payment shall be made to the artist and arrangements made for relocation of the art to its final location, if necessary, following the Gallery Without Walls exhibition period. 9.3.5.4.4. Bill of Sale. Bill of Sale and all relevant documentation will be added to digital permanent records and City's insurance coverage. 9.3.5.5. Clarification of Policy. This procedure is to be used for a single purchase of art from the Gallery Without Walls Exhibit. Nothing in the procedure shall preclude additional purchases by the City of art from the Gallery Without Walls Exhibits. VI.APPENDIX F I Revised Guidelines 26 87 City of Lake Oswego Public Art Guidelines EXHIBIT A 10. 1.5 Percent for Art Program. 10.1. Background. Chapter 18 of the Lake Oswego Code, titled "Percent for Art Program" requires that 1.5 percent of the total costs of all qualifying City Projects be dedicated to the selection, acquisition, dedication, siting, maintenance, administration, de-accessioning, community education and registration of Public Art. 10.2. Program Goals.Art acquired through the 1.5 Percent for Art Program should meet the criteria and desired goals listed in Section 5.1.2,Art Selection Criteria. In addition, it is the program's intent to: 10.2.1. Encourage early collaboration between artists and architects. 10.2.2. 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. 10.2.2.1. Preserve art objects and maintain artifacts displaced through City capital projects. 10.3.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 Arts Council of Lake Oswego. 10.4. Qualifying Projects. Chapter 18 of the Lake Oswego City Code specifies which City Projects are eligible for the 1.5 Percent for Art Program.A copy of Lake Oswego Code Chapter 18 is contained in Exhibit 1, Percent for Art Program. 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 percent of its total cost to purchasing and maintaining public art. 10.5. Responsibility of Participating Department. Following the adoption of the Capital Improvement Program (CIP) by the City Council, each department with qualifying capital projects shall produce a summary sheet of projects that qualify for funding under the Percent for Art Program. 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 VI.APPENDIX F I Revised Guidelines 28 88 City of Lake Oswego Public Art Guidelines EXHIBIT A encumbering funds for construction of the project and shall be reported to the City Manager and the Arts Council of Lake Oswego Executive Director. 10.6.Application of 1.5 Percent for Art Funds: Inclusions. Funds may be spent as follows: 10.6.1. 1%for Purchase of Art. One percent 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. Upon approval by the Project Manager for the City, funds may be spent as follows: 10.6.1.1. Artist's fee for serving on a design team with the project architect. 10.6.1.2.The work of art itself, including but not limited to: 10.6.1.3. Artist's design fee and operating costs. 10.6.1.4. Any permits related to the completion and siting of the work of art. 10.6.1.5. Labor and materials required for production of the work of art. 10.6.1.6. Necessary travel related to the design, completion, acquisition, and siting of the art. 10.6.1.7.Transporting the work to the site and installation costs. 10.6.1.8. Frames, mats, mounting, anchorages, containments, pedestals, or materials necessary for the installation, location, or security of the work of art. 10.6.1.9. Digital and other documentation of the work in progress as well as the required two digital images of the completed work. 10.6.1.10. Insurance as required by the artist's contract. 10.6.1.11. Contingency of five percent to eight percent of the one percent set aside at the beginning of each project (any unused contingency funds will remain in the Public Art Trust Fund). 10.6.2. .5%for Maintenance and Administration. One-half percent of the Total Cost of eligible City VI.APPENDIX F I Revised Guidelines 29 89 City of Lake Oswego Public Art Guidelines EXHIBIT A projects shall be used for costs associated with administration of the public art program, including, but not limited to cost of selection, conservation and maintenance of the collection, community education, deaccessioning, and registration of public art. Upon approval by the City Manager or her/his designee,funds may be spent as follows: 10.6.2.1.The selection process. 10.6.2.2. Community education related to the project. 10.6.2.3. Registration of Public Art. 10.6.2.4. Maintenance of Public Art. 10.6.2.5. Dedications and publicity. 10.6.2.6. Expenses for special advisors or consultants to the Public Art Committee. 10.6.2.7. Artist honoraria for the selection process. 10.6.3.Application of 1.5 Percent for Art Funds: Exclusions. 1.5 Percent for Art funds may not be spent for: 10.6.3.1. Reproductions, by mechanical or other means, of original works of art. 10.6.3.2. 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. 10.6.3.3. Commercially mass-produced of standard design, such as playground sculpture or fountains. 10.6.3.4. Directional or other functional elements, such as super graphics, signs, color-coding, maps, etc. except where a recognized artist is employed. 10.6.3.5. Architect's fee. VI.APPENDIX F I Revised Guidelines 30 90 City of Lake Oswego Public Art Guidelines EXHIBIT A 10.6.4. Dedication of Funds. The Lake Oswego Public Art Trust Fund has been established within the City of Lake Oswego Treasury (see attached Lake Oswego Code Chapter 18, Section 18.04.120). 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 or purchase price of the project. When the artist or artist team is hired at the same time as the project architect or engineer, one percent 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 Council of Lake Oswego) 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 Public Art Trust Fund shall be reimbursed 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 City Council. 10.6.5. Disbursement of Funds. Disbursement of funds from the Public Art Trust Fund shall be made only after approval by the Arts Council of Lake Oswego and authorization by the City Manager or her/his designee . Disbursements shall be made according to Lake Oswego Code Chapter 18 and these Guidelines. Yearly reports are prepared by the City's Finance Department and will be shared with the Arts Council of Lake Oswego. 10.6.6.Artist Contract.The City of Lake Oswego shall enter into a contractual agreement with an artist for any artist services in accordance with Section 10.12,Artist Contracts. 10.6.7. 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 VI.APPENDIX F I Revised Guidelines 31 91 City of Lake Oswego Public Art Guidelines EXHIBIT A 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 initiation of a 1.5 Percent for Art project,the Public Art Committee and Arts Council of Lake Oswego shall: 10.6.7.1. Confirm the available budget and timing of when the 1.5 Percent for Art funds will be available. The City's Finance Department will provide this information to the ACLO in writing. Timing of funds will dictate when projects can be initiated. 10.6.7.2. Convene a Selection Committee. 10.6.7.3. Identify a site for the work(s) of art. 10.6.7.4. Identify the goals of the project, including those goals outlined by the participating department or the City Council 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 10.6.4, Dedication of Funds, should be used. 10.7.Artist Selection Criteria. Artists will be selected based on their qualifications as demonstrated by past work, appropriateness of the proposal to the specific 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 5.1.2. 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. 10.8. Selection Committee Membership. The Selection Committee shall consist of at least seven (7) members appointed by the Public Art Committee.The Selection Committee serves for the duration of one project.The Selection Committee shall consist of at least the following members: 10.8.1.Three members of the Public Art Committee, one of whom shall serve as chair. VI.APPENDIX F I Revised Guidelines 32 92 City of Lake Oswego Public Art Guidelines EXHIBIT A 10.8.2. A neighborhood or business representative where the project will be located. If the project is near several neighborhoods,ACLO may appoint representatives from more than one neighborhood or business. 10.8.3. A City staff representative from the department with the qualifying project. If the project involves more than one department,ACLO may appoint representatives from several departments 10.8.4. An architect or engineer from the City Project's design team. 10.8.5. A City Council liaison. 10.8.6. Additional members may be appointed to the selection committee if ACLO determines that additional representation or expertise is needed to meet the goals of the project. Public Art Committee members serving on a public art Selection Committee are limited to serving two consecutive selection processes. If desired,the Public Art Committee may select two alternates, subject to Arts Council of Lake Oswego approval. 10.9 Term of Office. Selection Committee members shall serve through the duration of the project. 10.10. Selection Committee Responsibilities. The Selection Committee and the Arts Council shall work within the project parameters established by the Biennial Public Art Work Plan including overall budget, project location, and goals.The Selection Committee shall be responsible for reviewing artist submissions and recommending an artist selection for approval by the Public Art Committee and ACLO. 10.11.Approval Process. The following approvals are required in administering the Acquisition of Artwork: Stage 1-The Arts Council of Lake Oswego and the City Council must approve the Biennial Public Art Work Plan, including overall budget, project location, and goals. Projects that arise after the Biennial Public Art Work Plan may be added by the City Council. Stage 2-The Public Art Committee must review and approve the Selection Committee's VI.APPENDIX F I Revised Guidelines 33 93 City of Lake Oswego Public Art Guidelines EXHIBIT A recommendation for artist and/or artwork prior to notifying the artist of the selection. For projects where the construction cost is over$30 million,the Selection Committee will provide a report to the City Council about the selected artist prior to contracting with the artist. The Selection Committee will consider any feedback provided by City Council. Stage 3—The Public Art Committee must review and approve the final artwork and/or services upon completion of the artwork or services rendered, and the City Manager or designee must accept the artwork, prior to final payment to the artist. Once accepted,the artwork is accessioned into the art collection by the Public Art Committee. 10.12.Artist Contracts The City of Lake Oswego shall administer a contractual agreement any time an artist is selected by ACLO for the 1.5%for Art program, to create a work of art, or to participate on a design team.The contract should define the scope of work for artist services and payment procedure. The contract shall require the contractor to do the following: 10.12.1. Produce a work of art for an approved and guaranteed maximum cost, including all installation costs. 10.12.2. Maintain general liability and property damage insurance as well as workers compensation insurance if appropriate. 10.12.3. Submit the following items before final payment is authorized: 10.12.4. A completed catalogue form that describes the work of art (materials, size, weight, artist biography, address, contact information). 10.12.5.Two digital photographs submitted to the Arts Council via email. 10.12.6. A maintenance plan. VI.APPENDIX F I Revised Guidelines 34 94 Lake Oswego Public Art EXHIBIT A FY Annual Work Plan PUBLIC ART PROJECTS YEAR AND TYPE PROJECTS PROJECT BUDGETS FUNDING SOURCE(S) (Public Art Plan adopted J / ) YEAR BOND PROGRAM PROJECTS PROJECT BUDGETS FUNDING SOURCE(S) CD (Public Art Plan adopted J_/ ) TOTAL VI.APPENDIX G Sample Work Plan Template 95 Lake Oswego Public Art EXHIBIT A FY Annual Work Plan YEAR PROGRAM PROJECTS PROJECT BUDGETS FUNDING SOURCE(S) CD (Public Art Plan adopted J__ /) CD YEAR BOND PROGRAM PROJECTS PROJECT BUDGETS FUNDING SOURCE(S) (Public Art Plan adopted J__ /) CD YEAR BOND PROGRAM PROJECTS PROJECT BUDGETS FUNDING SOURCE(S) (Public Art Plan adopted J_/ ) CD CRITICAL CAPITAL NEEDS PROGRAM PROJECTS PROJECT BUDGETS FUNDING SOURCE(S) (Public Art Plan adopted J__ /) CD BOND PROGRAM PROJECTS PROJECT BUDGETS FUNDING SOURCE(S) (Public Art Plan adopted J_/ ) CD PUBLIC ART FUND PROJECTS PROJECT BUDGETS FUNDING SOURCE(S) (Public Art Plan adopted_/ / ) PUBLIC ART PROJECTS* / COMBINED BUDGETS TOTAL *Other public art projects in City Council approved public art plans may be initiated to align with the City's schedule for the underlying Capital projects. VI.APPENDIX G Sample Work Plan Template 96 Lake Oswego Public Art EXHIBIT A FY Annual Work Plan CD COLLECTION MANAGEMENT BUDGETS FUNDING SOURCE(S) Acquisition and Placement Technology Upgrades,Routine Collection Management(Cleaning,Repairs) Murals Interpretation Artwork Gifts and Loans CD COMMUNITY ENGAGEMENT ACLO CONTRACT CD PROGRAM ADMINISTRATION ACLO CONTRACT VI.APPENDIX G 1 Sample Work Plan Template 97 EXHIBIT A EXHIBIT B SPECIFIC PROJECTS FOR FY 26 27 through FY 28 29 The Arts Council shall implement and successfully complete the following specific projects: None identified at this time. Page 10—AGREEMENT FOR ADMINISTRATION OF CITY ARTS PROGRAMS