Public Art Conference Archive—2001

Study Session: Deaccessioning

Presenter: Kerry Kennedy, Broward County Cultural Affairs Division, Public Art and Design Program, Fort Lauderdale, FL
Notetaker: Kristin Herron

Summary
Deaccessioning as a policy and practice has many ramifications for Public Art programs. Controversial and intimidating, many programs find they do not have a deaccession policy in place when faced with the impending loss of an artwork. Deaccession policies can and should provide a consistent, well-balanced method of disposal for an organization.

The following resource materials and deaccession policy examples were provided by Kerry Kennedy to the session participants:

Deaccession Bibliography

• Arts Wire Current, Athena Tacha’s Marianthe To Be Destroyed, January 18, 2000.
  
  
• Association of Art Museum Directors, Professional Practices in Art Museums, 1992.
  
  
• Chapman, Regina. A Proposed Master Plan for Art, Albuquerque International Sunport, 1999 revised, 2000.
  
  
• Esworthy, Cynthia. NEA Office of General Counsel, From Monty Python to Leona Helmsley: A Guide to the Visual Rights Act, National Endowment for the Arts, Art Forms, 1996.
  
  
• Landes, William. What Has the Visual Rights Act of 1990 Accomplished?, Presented at Cultural Policy Workshop on February 1, 2001.
  
  
• National Endowment for the Arts, Art Forms, A Guide to the Visual Artists Rights Act, 2001.
  
  
• Spatt, David. Life After the Federal Visual Artists Rights Act, 1997.
  
  
• Save Outdoor Sculpture, Tips, Tales and Testimonies, due in the fall of 2001.
  
  
• Weil, Stephen, Ed. A Deaccession Reader, American Associations of Museums, 1997.

EXCERPTS FROM DEACCESSION RESOURCES

SOURCE: Professional Practices in Art Museums, Association of Art Museum Directors 1992

24. Disposal of works of art from a museum’s collection by sale, exchange or otherwise, requires particularly rigorous examination and should be pursued with great caution. Although there are circumstances in which disposal of works of art can contribute to the strengthening of a collection, such disposal must be related to the museum’s written policy rather than to exigencies of the moment. The procedure for any deaccessioning and sale or exchange should be at least as strict as that for purchasing works of art. The Director must provide full justification to the Board, with whom the final action rests, and the reasoning should be recorded with particular care. Because development of the collection was the initial intent of the donor of an object or of the funds for acquisition, the monies (principal and interest) received from the sale of any accessioned work of art must be used only to acquire other works of art. (Similarly, funds received from insurance claims for the loss of a work of art shall be used only for new acquisitions).

SOURCE: Mural Policy and Guidelines, Broward County Cultural Affairs, Public Art and Design

Painted Murals Defined as Temporary Works of Art

• A. Due to the exterior placement of murals, weather and pollution conditions, and the impermanent nature of materials, painted murals shall be considered "temporary" works of art. "Temporary" shall be defined as having a life expectancy of 5 to 10 years.
• C. Due to maintenance costs, Broward County should consider limiting the number of commissions for painted murals. More permanent materials should be used, with engineering documentation to support structural weight, as applicable. Prior to execution of a painted mural, the artist and the owner shall determine the lifespan for the artwork. This shall be documented by prior signed agreement, and owner shall have the right to remove the mural once it has existed beyond its life expectancy.

• IV. Maintenance Procedures
• Prior Written Agreement—Prior to the execution of a painted mural, the party to maintain the mural during its lifetime shall be identified within the body of the written agreement or the application.
• Inventory and Current Appraisals—The Broward Public Art and Design Program shall maintain an inventory of all murals commissioned under the program’s auspices and shall update the appraised value of the murals every 5 years.
• Ongoing Condition Evaluation and Treatment—Broward Cultural Affairs shall review the condition of painted murals on County property every 1-2 years. In the event of building or surface deterioration, the artist and/or a professional painting conservator shall be consulted and a price obtained to repair the mural. Broward Cultural Affairs shall repair the damaged mural in a timely manner.
• Change of Property Ownership—A provision needs to be included to address the eventual change of property ownership where painted murals are sited. Artist shall sign the mural and give a phone number.
• Evaluation for Historical Significance—Within the urban environment, a mural may exist which possesses both artistic and historical significance and is in good condition, warranting longer-term preservation of the artwork. A comprehensive review by a panel of design professionals and stakeholders, including community groups, historical interests, owner/agencies, the artist, the Public Art and Design Committee and a professional painting conservator should be encouraged prior to any action. Should the mural be deemed worthy of preservation, the owner shall proceed with a regular plan for maintenance.

• F. Procedures for Removal—Discussions for removal shall include all relevant stakeholders, the artist, owner, public and/or private entities.
• The agreement for execution of the mural should be reviewed to ascertain the predetermined lifespan. In the absence of such, a thoroughly documented condition report and evaluation should take place establishing the rationale for removal of the artwork. The artist, if possible, shall be included in discussions regarding removal.
• Removal shall be justified due to:age (beyond established lifespan);irreparabledamage due to weather/environmental exposure or building renovation; existence of aconcept or style no longer appropriate for the site.
• Broward Cultural Affairs shall issue press releases to inform the media in advance of discussions and actions.
• The owner shall be responsible for hiring painting contractors to repaint the wall.

Definition of Art Life Span, Broward County Cultural Affairs, Temporary Works

• Definition: Up to 5 year lifespan. Each new work has a specified lifetime and a disposal method at the end. Use: As per PAD Committee determination for temporary artwork installations. Artist or host agency may be responsible for all "operating" maintenance and disposal costs.
• Examples: Murals, Installations, Exhibitions, Billboards, Screen savers, Printed Matter.

Midspan Works

• Definition: Broward County commitment to maintain the artwork up to 15 years.
• Use: The midspan work would be utilized in leased spaces or spaces likely to undergo remodeling in a known period. Additionally, artworks with known deterioration patterns such as outdoor painted sculpture, textiles, computer prints on paper and neon or fiberoptic installations would be defined as midspan. Artists and PAD will be informed during the design phase if the work is likely to be defined as midspan rather than permanent. In spite of conservation risks, PAD could define the work as permanent with its increased life cycle costs.
• During the agreed life of the artwork, PAD would maintain and restore the artwork under its general policies for conservation. At the end of the period, PAD would determine if the work should be deaccessioned, restored or remade. In general, if the conservation exceeds 50% of the appraised value, the work will be deaccessioned.

Site Integrated Works

• Definition: Artworks that are physically a part of the facility and cannot be removed or resited without destroying the artwork. Lifespan can be temporary, midspan or permanent, but definitely terminates with the end of county ownership or with the destruction of the whole facility or specific site in the facility such as wall or floor.
• Use: As the collaboration between the designer and artist proceeds during the artwork design phase, PAD will designate as appropriate. Site integrated works may be maintained as a part of the facility, rather than special on-going art maintenance. The artist will be informed of this possibility with the acceptance of the artwork proposal.
• With the end of county ownership or facility demolition, PAD may determine to preserve or display parts of the former artwork as "artifact" in another setting. The artist can choose to remove his or her name from the artifact of the artwork.

Permanent Works

• Definition: Any work intended to survive as long as possible beyond 15 years.
• Use: The definition would be applied to primarily portable artwork of traditional medium and reproducible artworks. At the time of design proposal acceptance, a 20 year maintenance plan with estimated costs would be developed for PAD review.

Artwork Life Cycle Costs

• Definition: The total cost of the artwork during its lifespan of county ownership including on-going general maintenance, known component replacements, required periodic protective treatments and deaccession costs.
• Use: During PAD acceptance of the artwork proposal, the life cycle costs would be estimated and added to conservation fund budgets.

Artwork Site

• Definition: The total protected site and site qualities of the artwork as agreed between the artist and CAD.
• Use: During PAD acceptance of the final artwork, the PAD and host agency would agree on the site. If the host agency required changes to that area, PAD and the artist would be consulted. Substantial changes to the site could result in consideration of deaccession or removal of the artist’s name from the work.

Integrated Artwork Scope

• Definition: A complete description of the specific artwork components in the host facility and the possible inclusion of "space" and "walls" and exclusion of future additions.
• Use: During PAD acceptance of the final artwork, PAD and host agency would agree on the integrated artwork scope. Responsibilities for maintenance and notification would be established. Substantial changes to full integrated artwork could result in consideration of deaccession or removal of the artist’s name from the work.

• Definition: Artworks that can be remade without the participation of the artist, or rather, the individual hand or eye of the artist is not necessary to reproduce the artwork.
• Use: Given digital technology and the use of the digital technology by artists, many works of art are fully reproducible. These artworks made of impermanent materials could be defined as permanent through the ability to reproduce anew at a future date. Reproduction is only for conservation purposes. Reproduction for additional copies of the artwork would require the permission of the artist.
• Examples: Digital prints and transparencies, Digital video, Digital sound, Laser cut panels, Dye cast items.

• The condition or security of the artwork cannot be reasonably guaranteed.
• The artwork has been damaged or deteriorated and repair is impractical or unfeasible.
• The work requires excessive maintenance or has faults of design or workmanship.
• The artwork endangers public safety.
• In the case of a site specific artwork, the intent of artwork is severely diminished by alterations to site, such as new construction or the building orientation changes.
• Artwork can not be resited on County Property.
• Artwork has encumbered 50 percent of its current appraisal value in repairs/conservation.
• In order to quantify excessive maintenance/conservation costs the importance of the piece/artist/historical significance of the work should be evaluated. However we feel that once repairs reach 50% of a work’s current appraisal value, an evaluation of an artwork’s future in the collection should be started.
• Care and maintenance will be better provided by another governmental or non profit agency.
• Weather damage so extensive that conservation/repair will only delay the artwork meeting the aforementioned criteria.

SOURCE: Miami-Dade Art in Public Places, Collection Care and Maintenance Plan

Transfer of Custody

When the Professional Advisory Committee recommends that a work is best monitored by the staff of the facility which currently displays it, upon approval of the Trust and in accord with County Procedures, the work will be transferred to the inventory of the other county department. Title of the work will continue to be vested in Dade County and APP staff will be available for ongoing advice relative to the work.

Treatment Criteria and Contingencies

The Professional Advisory Committee will assess the proposed treatments based on the importance of the works to the various collections, to the community within the artist’s career, and other possible professional criteria.

If the Professional Advisory Committee considers that the work cannot be conserved to represent the artist’s original intention, or if the work poses a threat to public safety, or if they decide that treatment would be an unjustifiable allocation of resources, staff will:

• Contact the artist, if living. Staff will attempt to negotiate settlement with the artist for disposal of the work, with the aim of representing the artist within the collection with another work whenever possible.
• If the artist is deceased or does not respond to reasonable attempts to contact him or her, the salvageable materials of the work will be handled in accordance with Metro-Dade County Disposal of
• Assets procedure, and the proceeds will revert to the Art Trust fund.

Miami Dade/Treatment Review

Proposed professional treatments of work will be reviewed by the Professional Advisory Committee, which will evaluate their significance and recommend treatment priority. The APP Staff will develop yearly treatment plans, following the surveys and Professional Advisory Committee recommendations and will present them to the Trust. The Trust will receive and vote on the Professional Advisory Committee’s recommendations concerning transfer of custody, major treatments and decisions not to conserve works. Responsibility for guiding and directing collection maintenance rests with the Staff.

SOURCE: City of Alexandria, Policy on Acquired Art (9/8/87)

Section Two—Rights and Responsibilities of the Artist and the City

2.3. DEACCESSIONING. Deaccessioning means the formal process used to remove a work of art from the City’s collection.

2.3.1. This Policy Statement specifically contemplates that works from the City’s collection may, from time to time, be sold or otherwise disposed of.

2.3.2. Proposals to the City Council with respect to deaccession of works from the City’s collection shall be previously considered by the Commission and the Panel.

2.3.3. In determining whether any work is to be deaccessioned, consideration is given to:

• Contact the artist, if living. Staff will attempt to negotiate settlement with the artist for disposal
• The City’s ability to continue properly to preserve or care for the work;
• The extent to which the work may, in the context of the collection, be surplus, redundant, or a duplicate of inferior quality;
• The extent to which the disposition of the work may, whether by exchange or through use of proceeds derived from its sale, permit the City to upgrade and refine the collection; and/or
• Whether such work has been found to have been falsely documented, described or attributed and/or to be a forgery.

2.3.4. No work that has been acquired by the City with a restriction as to its retention may be deaccessioned while such restriction remains in force. The Commission or its agent shall be notified by the City Council of all such restrictions at the time of acquisition and will maintain a record of those restrictions.

2.3.5. If a work originally was received as a gift from a still-living donor or purchased from a still-living artist, the City will, as a matter of courtesy, notify that person of any determination made by the City to deaccession that work.

2.3.6. The manner in which a collection work which has been deaccessioned is to be disposed of shall be determined by the City Council with the advice of the commission. Except in the case of a work which has been found to have been falsely documented, described or attributed and/or to be a forgery, no single method is considered preferable for every instance. Among the methods which may be considered are:

• Exchange
• Public auction; and
• Private Sale.

7. In the case of a work which is found to have been falsely documented, described or attributed and/or to be a forgery and which is subsequently deaccessioned, additional consideration must be given to the protection of the public’s interest. Depending upon the manner in which the work was originally acquired and all of the surrounding circumstances, consideration may be given to:
   
• Rescinding any purchase by which the work was acquired;
• Depositing the work on a long-term basis in a scholarly archive devoted to the study of such material; and/or
• Except in the case of a forgery and only if any error in the work’s documentation, description or attribution will not thereby be perpetuated, public auction or private sale.

2.3.8. The details of the manner in which any deaccessioned work has been disposed of shall be a matter of public record.

2.3.9. If a work of art that was purchased by the City from an artist is sold by the City during the lifetime of that artist, the artist shall be entitled to a royalty equal to seven (7) percent of the difference between the City’s purchase price and the gross sale price or fair market value of any property received in exchange for the work. This paragraph will not apply to the following:

2.3.9.1. The resale of a work for a gross sale price less than $500, or in exchange for property with a fair market value of less than $500; and

2.3.9.2. The resale of a work for a gross sale price of less than 140 percent of the purchase price paid by the City, or in exchange for property with fair market value of less than 140 percent of the purchase paid by the City.

2.3.10. Proceeds from the disposition of deaccessioned works will be returned to the Commission’s purchase fund.

SOURCE: Queensland, Australia Art Built-in

Deaccessioning of Public Art

Deaccessioning of public art by agencies should be undertaken in consultation with the Public Art Agency. Deaccessioning a work of public art is:

• the process by which an object is approved for removal from its site
• the documentation of its removal

Once a public art work is deaccessioned, it is usually disposed of by sale, gift, exchange or destruction. These decisions should be based on objective criteria and it is essential that deaccessioning and disposal of public art be carried out in a legal and ethical manner. Every government department must be able to deaccession works for a variety of reasons.

However, not all art and design procured will require a formal deaccessioning process. Public Art Deaccessioning Guidelines will be available from the Public Art Agency and will outline:

• the purpose and objectives of deaccessioning
• implications of deaccessioning or disposing of public artworks
• when deaccessioning would take place (including the moral rights of artists)
• how deaccessioning will be achieved (disposal of artworks)

SOURCE: Policy for Art in Public Spaces, Thunder Bay, Ontario, Canada (March 1998)

Policy and Procedures: Deaccessioning Policy

The greatest care must be taken in the disposal of works of art lest the public trust be violated and the efforts and decisions of past committee members be undermined. Clear definition of what is to be collected and careful monitoring thereafter will reduce the possibility of deaccessioning activity.

Deaccessioning should not be based on current fashion or taste. Attention should be paid to the acquisition policy requirement of maintaining a collection which forms a continuum of the City’s visual art history.

A work of art can be deaccessioned under any of the following conditions:

• It has no relevance to the collection or serves no exhibition function.
• It is a duplicate which is not considered useful.
• It is in seriously deteriorated condition.

Procedures

The steps to deaccessioning are:

• Unanimous recommendation to deaccession from C.A.P.S.
• Subsequent approval of the City Clerk.
• Items of significant value may be referred to City Council for approval to deaccession.

Policy and Procedures: Deaccessioning Policy

Recommended Methods of Disposal: Items of significant monetary value, which have been approved for deaccessioning, may be disposed of by the City Clerk in such a way as to endeavour to obtain a return which approaches current market value. The City Clerk should liaise with C.A.P.S. regarding the method of choice.

1. Items may be offered on loan to "like institutions" in the City or elsewhere.
2. Out-right sale by auction or any other means to ensure maximum value for the item.
3. Credit against further purchase.
4. Gift (to other City institutions only).
5. Destruction.
6. Methods of disposal will adhere to all City Conflict of Interest policies.

Cautions

The following cautions must be observed when deaccessioning works of art:

1. Where there are no legal restrictions, efforts will be made to consult with the donor(s) or his/her(s) representative(s). In the case of donation by a municipality or country, the advice of the City Clerk shall prevail.
2. Memorial gifts should be accepted and deaccessioned with caution.
3. All terms of sale and sales negotiations shall be the responsibility of the Department of the City Clerk.
4. All proceeds realized from an act of deaccessioning must be credited to the art purchase fund of C.A.P.S.
5. All items which are deaccessioned shall be listed in the annual report of C.A.P.S.
6. No work of a living Canadian Artist should be subjected to disposal unless an exceptional condition or reason for disposal is found to exist.

SOURCE: City of Seattle, Chapter 3.56 Deaccession Ordinance

3.56.60 Deaccessioning and Disposition of Surplus Artworks

1. When the Seattle Arts Commission determines that an artwork is surplus to the City’s collection of artworks, the Commission may deaccession the same and arrange for its disposition through an exchange of the artwork for one or more artwork(s) of comparable aggregate value for the City’s collection, with the City being responsible for the payment or receipt of any monetary difference between the value of the City’s artwork and the aggregate value of such exchanged artwork(s); through a sale by an art gallery or dealer; through a public auction or process inviting bids or proposals from the public and the acceptance of the best response; through the Purchasing Agent in the same manner as other surplus property; through an indefinite loan to other governmental entity on condition that the receiving entity will maintain the artwork and provide an accompanying notice of the City’s retained ownership; or through redonation, sale or other arrangement agreed upon with the donor or artist at the time of the City’s acquisition of such artwork; and in the event the artwork has been destroyed or damaged beyond repair at a reasonable cost, or has no or only a negligible value, it may be disposed of as scrap.
2. If an artwork was donated to the City on condition that the artwork be returned or transferred to another person or entity when it is no longer displayed or ceased to be a part of the City’s collection, upon the occurrence of circumstances making such condition applicable, the Commission shall request directions from the donor or the donor’s representative(s), as appropriate, and return the artwork to the donor or transfer the artwork consistent with the terms of such condition, if such condition applies, and the directions of the donor or the donor’s representative.
3. In the event the artist has reserved a right to repurchase the artwork when the City’s artwork is to be disposed of, the Commission shall allow the artist a reasonable opportunity to buy it back at its fair market value, as determined by appraisal. Alternatively, the Commission shall allow the artist a reasonable opportunity to buy it back at its fair market value, as determined by appraisal. Alternatively, the Commission may accept the exchange of the artwork(s) for one (1) or more artwork(s) that the Commission is willing to include in the City’s collection and that has/have an aggregate appraised value equal to the fair market value of the City’s artwork.
4. The Commission may implement, in connection with the deaccessioning of any artwork in the City’s collection, a written commitment made to the creator or donor of any artwork at the time such artwork is commissioned, purchased, donated, or otherwise procured for the City’s collection, to share with such creator or donor a portion of the proceeds of the same of such artwork upon its deaccessioning and removal from the City’s collection if such sale proceeds, after the deduction therefrom of all of the expenses related to such sale, exceed the amount paid by the City for such artwork by at least Two Hundred Dollars ($200.00) and the portion of such proceeds that is provided to the creator or donor under such commitment does not exceed fifteen percent (15%) of such proceeds.
5. No artwork shall be deemed surplus to the City’s collection of artworks if the City administrative unit responsible for administration of the fund used to acquire the same requests its retention of the City’s legislative authority provides for the continued maintenance of such artwork (Ord. 115337 1, 1990.)

SOURCE: City of Seattle, Policy for Review and Deaccession of City-Owned Works of Art

Deaccession Policy

4. Sequence of action to deaccession:

• The PAP Committee appoints an advisory panel.
• The PAP Committee and/or staff determines that an artwork meets one of the criteria of section 3, above.
• The PAP staff prepares a report which indicates:
• Any restrictions which may apply to this specific work, based on contract review.
• An analysis of the reasons for deaccessioning.
• Options for storage or disposition of the work.
• Appraised value of the work, if obtainable.

4. The advisory panel reviews the report at its next scheduled meeting. The panel may seek additional information regarding the work from the artist, art galleries, curators, appraisers or other professionals prior to making a recommendation to the PAP committee.

5. A recommendation for action is sent to the PAP committee, and if approved, is referred to the full SAC. The SAC considers the recommendation at a regularly scheduled meeting.

SOURCE: Policy for Deaccession of Works of Art, City of Portland, Multonomah County, Revised 1995

Policy

Deaccessioning is a procedure for the withdrawal of an artwork from the public collection. Deaccessioning should be considered only after ten years have elapsed from the date of installation of permanent works and acceptance in the case of portable works or under special circumstances (e.g., the piece has been damaged beyond repair). Deaccessioning will be considered only after a careful and impartial evaluation of the artwork within the context of the collection as a whole. At the beginning of the process, RACC staff will make reasonable effort to notify any living artist whose work is being considered for deaccessioning.

SOURCE: Inventory Guideline, Albuquerque International Sunport

Policy Recommendation #10: Inventory

The Aviation Arts Program Manager should maintain an inventory of all art objects acquired by the Sunport. This inventory will form a part of Sunport fixed assets inventory list and shall include the name of the artist, title of the work, description, year(s) of creation and acquisition, insurance value, appraised value, purchase price, location, and archival documentation such as photo or slide.

Deaccession information such as method of disposal, selling price if sold, purchaser, justification for disposal, and proof of deaccession approval, and documentation of remuneration should also be include in the collection inventory.

SOURCE: Bernalillo County Arts Board, Guidelines for Selection, Acquisition and Maintenance of Works of Art

Section X Maintenance of Artworks in the Bernalillo County 1% for Public Art Collection

D. Removal, Relocation or Deaccessioning of a Work of Art must be authorized by the Board by a unanimous vote of its members. The Deaccession or Removal method shall be decide on an Ad Hoc basis with formal consideration of a report prepared by the Program Administrator including but not limited to the following:

• Reasons for the suggested deaccession or removal
• Opinion of the legal department
• Original acquisition method and cost
• Informed estimate of the current value of the work of art
• Informed estimate of the cost for deaccessioning or removal of the work of art
• A statement regarding deaccessioning by the Artist(s)
• Public and agency feedback, if applicable, on the work of art
• Suggested alternate course(s) of action

SOURCE: Tampa Public Art, Portable Collection

Deaccessioning Guidelines

Carefully following the acquisition guidelines should limit the need to remove artwork from the collection. Criteria for the artwork to be deaccessioned include: works that are too large to fit into available or prospective locations; situations where value to repair work exceeds the value of the work itself; work that does not meet the criteria for the collection.

Tampa Public Art

When an artwork does not meet the criteria for the collection, the following steps are outlined in the deaccession procedure. In short the steps are:

• Perform a professional appraisal of the artwork
• Offer the work to the Tampa Museum of Art, to be held on loan from the City
• Works refused by TMA should be sold or auctioned, and funds from the sale of artworks should be deposited into the Public Art Fund and earmarked for the portable works collection
• Offer the work to the artist at price or for an exchange
• Offer the work to other public facilities or schools

Goals

Works of art in the Public Art Collection shall be maintained and preserved in the best possible condition. City departments shall not provide any maintenance of artwork, including cleaning, without the consent of TPA. TPA will arrange for all professional services. The objectives of the maintenance program shall be:

• To inspect works of public art on a regular basis
• To clean and provide other appropriate routine maintenance of the works of public art
• To establish a regular procedure for effecting necessary repairs to works of public art, including emergency situations that endanger public safety

Alteration, Removal, Relocation or Deaccession

When the City considers the possible relocation or removal of a public artwork, it must recognize its multiple responsibilities: to the artist, as represented in the original artist contract; to the community, through its legal mandate and stewardship role; and to our cultural heritage. Decisions about relocation and removal must include a deliberate and explicit review process, assistance from professionals, and thorough on-going documentation of the process.

Because the City has the responsibility for conserving the collection, and because the disposal of artworks may have serious implications, the deacquisition of a work of public art should be a deliberate and seldom-used procedure. It is the policy of the City not to dispose of works simply because they are not currently in fashion and not to dispose of works whose worth might not yet be recognized.

SOURCE: City of Richmond, British Columbia, Canada, Guidelines for Private Donations of Public Artwork to the City of Richmond

Integrity and Registration of the Artwork

• The City will be the owner of the artwork and reserves the right to move or alter the work to meet public safety or other City concerns. Any such change will be made in consultation with artist and sponsor, and the Public Art Commission.
• The completed and installed work of art will be registered in the City’s Public Art Inventory together with the artist’s statement of purpose.

SOURCE: Contract Language University of South Florida

3.6 Warranty of Quality. ARTIST warrants that the WORK shall be free of defects in material and workmanship, including any defects consisting of "inherent vice" or qualities accelerating deterioration of the WORK and that ARTIST shall correct, at ARTIST’s expense, any such defects which appear for a period of two (2) years from installation of the WORK by ARTIST. Should the WORK during the lifetime of the ARTIST deteriorate to the point that it no longer represents the intent of the ARTIST and/or poses a safety hazard due to its deteriorated state, the UNIVERSITY shall negotiate with the ARTIST to repair the WORK at a cost not to exceed 20% (twenty percent) of the original commission cost. If funds for such repair are not available, or if the cost of such repairs exceed 20% (twenty percent) of the original commission cost the UNIVERSITY shall have the right to destroy the WORK upon notifying the ARTIST in writing (by certified mail, return receipt requested, sent to the ARTIST’s last known address) that the ARTIST shall be granted the right of consultation regarding the WORK’s removal or destruction. In the event that the WORK cannot be successfully repaired, as determined by the UNIVERSITY, the ARTIST may have the work returned to him/her at his/her expense. The WORK may be destroyed by the UNIVERSITY should the ARTIST and the UNIVERSITY not reach mutual agreement for the removal or repair of the WORK after a period not to exceed ninety (90) days after written notice to the ARTIST. During the ninety (90) day period the parties shall engage in good faith negotiations concerning the WORK’s removal, repair or destruction.

3.11 Subsequent University Construction Which May Affect Work. ARTIST understands and agrees that subsequent to the date of this Agreement, the UNIVERSITY may be required by a plan of construction, as adopted by all necessary parties, to either destroy the Facility in the _____ of which this WORK is placed or to renovate an area of that Facility to the extent that the destruction, modification or alteration of the WORK would result. ARTIST understands that, under these limited circumstances, the WORK might be destroyed, distorted or modified by reason of its removal or relocation from the Facility. Upon its adoption of a plan of construction which would entail removal or relocation of the WORK, UNIVERSITY shall notify ARTIST in writing (by certified mail, return receipt requested, sent to the ARTIST’s last known address) that ARTIST shall be granted the right of consultation regarding the WORK’s removal or relocation. In the event that the WORK cannot be successfully removed or relocated as determined by UNIVERSITY, ARTIST may (a) disown the WORK; or (b) have the WORK returned to him at his expense. The WORK may be removed or relocated by the UNIVERSITY should ARTIST and the UNIVERSITY not reach mutual agreement on removal or relocation of the WORK after a period not to extend ninety (90) days after written notice to ARTIST. During the ninety (90) day period, the parties shall engage in good faith negotiations concerning the WORK’s removal or relocation.