SCULPTURE ON LOAN PROGRAM POLICY The City of Westminster’s Sculpture on Loan Program creates a surprising and memorable experience within Harris Park (located on the east side of the Rodeo Market Building at 3915 West 73rd Avenue) that contributes to the overall aesthetics and cultural identity of the Historic Westminster community. Enhancing the character of the community through public art supports the City’s Strategic Plan goals of Vibrant, Inclusive and Engaged Community; Dynamic Diverse Economy; and Beautiful, Desirable, Safe and Environmentally Responsible City. Eligible Artwork and Requirements The Sculpture on Loan Program provides an opportunity for artists to prominently display their artwork in an historic and unique area of the City for the public to enjoy. Artists wishing to have their sculpture(s) installed and displayed in Harris Park should review the following requirements and submit an application along with the requested supplemental materials for consideration by the City of Westminster’s Office of Cultural Affairs staff. • Sculptures installed as part of the Sculpture on Loan Program are on display for twenty-four (24) months from the installation date, unless other arrangements are agreed to by the City and Artist in writing. • Acceptable sculpture mediums include metal, stone, or any other similarly durable material that can withstand the elements and exposure of an outdoor display. The sculpture must have no easily breakable or easily damaged or removable parts or pieces and be constructed in a way that will not cause safety or liability concerns. Wooden structures will not be accepted. Fragile and dangerous artwork will not be accepted. Sculptures requiring maintenance during the exhibition period will not be considered. • If the sculpture incurs damage during the exhibition period, the artist is entitled to file an insurance claim with the City. If the damage to the sculpture creates a safety issue to the public or if further damage to the sculpture is likely to occur as a result of being in disrepair, the artist will be responsible for making repairs to the sculpture in a timely manner. The City is not liable to the artist for any damage to artwork caused by repairs undertaken by the artist or by the failure to undertake necessary repairs. • Artists are responsible for ensuring that each sculpture is welded to a 1/4” steel plate and ready for installation prior to being delivered to the City. Sculptures will be installed on platforms at the park site. • Sculptures should be at least 3’ in one dimension and valued at no more than $50,000. • Artists must certify to the City that they have created and possess unencumbered copyright title to the sculpture(s) they are submitting to the program. Artists must allow the City and its affiliates to publish photos and information related to their artwork without compensation; artists will be given recognition. Artists should also acknowledge that the public may photograph their artwork without compensation to the artist. • Artists are responsible for the delivery of their artwork as well as pick up at the conclusion of the exhibition period, or for arranging for the delivery and return shipping of their artwork at their own expense. • The City will pay the selected artists a $1,000 honorarium (in two installments) for the artist’s costs of preparing the sculpture for installation and for transportation of the sculpture to the designated location and loan of the sculpture for the exhibition period. The first of two $500 installments shall be provided to the artist within thirty (30) days of the artwork being placed at the designated location. • Insurance against loss and damage will be provided by the City of Westminster during the exhibition period, subject to a $500 deductible for which the artist will be responsible in the event a claim is filed. If the artwork is lost or damaged while on public display, the City’s liability will not exceed the value of the artwork (maximum $50,000 value) as stated in the Sculpture on Loan Program Agreement. The City and/or its insurer reserve the right to substantiate the value of the artwork prior to settling any claim with the artist or his or her successor. In the event that the artist and the City disagree about the value of the artwork, the artist and the City agree to jointly hire an independent art appraiser and agree to be bound by the valuation arrived at by the independent art appraiser. • The risk of loss or damage to the artwork shall be borne solely by the artist until the City takes possession and accepts the artwork for installation and exhibition. Once the artwork has been removed from public display and returned to the artist’s possession, the risk of loss or damage to the artwork shall be borne solely by artist. • The artist will carry $1,000,000 in general liability insurance and list the City as additional insured on that insurance policy. • The artist may provide additional property insurance for their artwork at their own expense. The City’s insurance will serve as primary property insurance on the sculpture, up to the appraised value by an independent art appraiser but not more than $50,000, should a claim be filed for damage or loss. If the artist provides additional insurance coverage, the artist is responsible for informing their insurer of the City’s coverage and insurance limits. • The City of Westminster and its affiliates are not liable for the destruction, damage, or injury to the loaned sculpture caused by wear and tear, gradual deterioration, insects or vermin; repair, restoration, or retouching processes performed by the artist; or confiscation by order of any government. Process for Consideration The City of Westminster displays selected works of art at its outdoor spaces and facilities in order to create an appropriate, pleasant, thoughtful, and sophisticated atmosphere, consistent with the values of the City and the message the City wishes to convey. Applications for the Sculpture on Loan Program will be reviewed by the City of Westminster’s Office of Cultural Affairs staff in the order they are received. Staff will consider the information provided in the application, as well as the aesthetic quality of the artwork including craftsmanship, compatibility with the City’s existing public art collection, appropriateness of the artwork, maintenance requirements, and financial considerations. Office of Cultural Affairs staff will review all artwork proposed for the program for conformance with the following criteria: 1. Aesthetics a. Artistic merit of the sculpture, including its cultural, social, and/or historical significance, as evidenced in the Sculpture on Loan Program application submitted by the artist, which includes a written description and images of the artwork. b. Professional artist’s qualifications, as evidenced in the Sculpture on Loan Program application submitted by the artist, which includes images of past work, resume, and references and published reviews of the artist’s work. c. Compatibility of the sculpture within the context of the proposed site and/or the mission of the City. d. Compatibility of the sculpture with the City’s existing public art collection. e. Originality, edition size, and edition number. 2. Site a. Appropriateness to the site with respect to its immediate and general physical environment, neighborhood, and audience. 3. Structure a. Materials used to construct the sculpture (must be metal, stone, or similarly durable material; wood will not be accepted). b. Durability of material and structural integrity of the sculpture. c. Susceptibility of the sculpture or accessories to accidental damage, theft, and/or vandalism and security needs. d. Sculptures requiring maintenance within the twenty-four (24) month exhibition period will not be considered. 4. Financial a. Appraisal and statement of value of the sculpture for insurance purposes. 5. Liability a. Susceptibility of the sculpture to normal wear and vandalism. b. Potential risk to the public. c. Public access, in general, as well as compliance with ADA requirements. d. Special insurance requirements, if any. 6. Timeliness a. Submittal of the Sculpture on Loan Program application to the City’s Office of Cultural Affairs by the deadline. b. Timely and appropriate responses to Office of Cultural Affairs staff requests for additional materials or information, as needed. Application, Selection, and Installation Timeline To be considered for the 2019 – 2021 Sculpture on Loan Program, artists must submit a completed application with all required materials to the City of Westminster Office of Cultural Affairs, to the attention of Kristen Koehler, by April 19, 2019. Successful applicants will be notified by staff on or around May 16, 2019. The artist must deliver the artwork, ready for installation, to the City’s designated location at 3915 West 73rd Avenue, Westminster, CO on or before July 15, 2019, unless other arrangements have been made with the City. The artwork will be on display for twenty-four (24) months from the date of installation with a designated removal date of approximately July 15, 2021. The artist is required to remove the artwork from the designated location on approximately July 15, 2021. The City will provide written notice of changes to the removal date of the artwork to the artist no later than 30 days prior to the specified removal date. If the artwork is not removed by the designated date, the City may remove the artwork and the artist will reimburse the City for any expenses incurred in the removal, storage, or return of the sculpture to the artist. Removal of artwork prior to the removal date shall be at the discretion of the City and only upon written request by the artist. If the artist’s sculpture is sold during the exhibition period, the artist will be required to provide a bill of sale to Office of Cultural Affairs staff and a sculpture of equal or greater value, created by the artist and subject to approval by Office of Cultural Affairs staff, to occupy the spot vacated as a result of the sale. The vacated spot must be filled within seven (7) days of the original sculpture being removed. The artist will be required to complete additional paperwork to document the replacement sculpture. Each artist will be allowed one original sculpture and one replacement sculpture during the exhibition period, and only as a result of the original sculpture having been sold. Condition Reports Upon installation of the sculpture on site, the artist and City staff will complete an Incoming Artwork Condition Report noting the condition of the sculpture. Upon uninstalling the sculpture, the City will issue a final Outgoing Artwork Condition Report and Return of Artwork Receipt which will be signed by the artist upon removal of the sculpture. The Return of Artwork Receipt will constitute proof of the return of the sculpture by the City to the artist in good condition. If the artwork is lost or damaged while on public display, the City’s liability will not exceed the value of the artwork (maximum $50,000 value) as stated in the Sculpture on Loan Program Agreement. The City and/or its insurer reserve the right to substantiate the value of the artwork prior to settling any claim with the artist or his or her successor. In the event that the artist and the City disagree about the value of the artwork, the artist and the City agree to jointly hire an independent art appraiser and agree to be bound by the valuation arrived at by the independent art appraiser. If the artist refuses to collect the sculpture and refuses to acknowledge its condition and availability for collection, within fifteen (15) days of notice that the Outgoing Artwork Condition Report and Return of Artwork Receipt is ready for signature, the City will consider that the condition of the artwork, as noted on the report form and as returned, is acceptable to the artist and any subsequent claims by the artist will not be honored.