PERCENT FOR ART

Boise City Code tit. 1, ch. 12, art. F

in effect

Boise City Code § 1-12F-1 STATEMENT OF PURPOSE

1-12F-1: STATEMENT OF PURPOSE: In order to collect, preserve, and provide access to Cultural Assets that serve to beautify and celebrate the City's history and culture in public spaces for the benefit of the City's residents and visitors, it is the policy of the City to dedicate one and two-tenths percent (1.2%) of the total cost of all eligible Capital Improvement Projects to the investment in Cultural Assets and associated management, planning, and education. (Ord. 19-23, 6-27-2023)

Boise City Code § 1-12F-2 DEFINITIONS

1-12F-2: DEFINITIONS: A&H DEPARTMENT: | The Department of Arts and History for the city of Boise City, Idaho, or its designee. CAPITAL IMPROVEMENT PROJECT: | The construction, demolition, rehabilitation, renovation, acquisition of, or other physical improvement of a City-owned or City-funded capital asset, paid for with City general or enterprise funds through the annual or an interim budget process. CITY: | The city of Boise City, Idaho. CULTURAL ASSET: | A work of Public Art, an Object or Manuscript, or a Program as defined herein. OBJECTS AND MANUSCRIPTS: | Items that have value because of their contribution to the City's creativity, history, knowledge, traditions, and culture. Examples of Objects and Manuscripts include but are not limited to: books, documents, goods, equipment, textiles, photographs, and other ephemera. PERCENT FOR ART: | City program by which one and two-tenths percent (1.2%) of total eligible Capital Improvement Projects funding is allocated for the acquisition and associated management, planning, and education of Cultural Assets. PROGRAMS: | A performance, exhibition, lecture, presentation, an artist in residence at a public facility, or reading that contributes to the City's creativity, history, knowledge, traditions, and culture. PUBLIC ART: | A temporary or permanent work of visual and graphic art, a work of sculptural art, artistic treatment landscaping, fountains, or other publicly accessible work that is experienced in a publicly accessible site when on display and which may be an integral part of a building, attached to a building, placed within or outside of a building, or within a public space that is accessible to the public. Examples of public art include but are not limited to: paintings, drawings, sculptures, engravings, carvings, frescoes, stained glass, mobiles, collages, mosaics, bas-reliefs, and tapestries. (Ord. 19-23, 6-27-2023)

Boise City Code § 1-12F-3 ELIGIBLE CAPITAL IMPROVEMENT PROJECTS

1-12F-3: ELIGIBLE CAPITAL IMPROVEMENT PROJECTS: A. Eligible Projects: Capital Improvement Projects using City general or enterprise funds allocated through the annual or interim budget process that are not specifically excluded from the City Council allocating one and two-tenths percent (1.2%) of the project's construction, renovation, or remodeling costs to fund Cultural Assets. Eligible projects may include Capital Improvement Projects that are: (1) developed by other entities and leased back to the City, or (2) developed and implemented cooperatively with other public or private entities. B. Cooperative Development With Other Entities: When the City develops a Capital Improvement Project cooperatively with another public or private entity, the City shall encourage the partnering entity to provide one and two-tenths percent (1.2%) of its eligible Capital Improvement Project budget for Cultural Assets funding. The City shall provide one and two-tenths percent (1.2%) of its cooperative Capital Improvement Project budget for Cultural Assets funding unless City Council excludes the project. If the partnering entity does not provide its portion of project funding for Cultural Assets, City Council may fund one and two-tenths percent (1.2%) of the total eligible project costs for Cultural Assets to make up the shortfall. C. Exclusions: Capital Improvement Project costs or cost components excluded as ineligible for the one and two-tenths percent (1.2%) for Cultural Assets funding include: 1. Capital Improvement Project or cost components for which Cultural Asset funding is prohibited by federal or state statute, law, or regulation; 2. Major repair, renovation, and maintenance projects that would not be capitalized under the City's Capital Asset Management and Accounting Regulation (Reg. B1.02a); or 3. Any Capital Improvement Project or cost component excluded explicitly by the City Council. D. Alternative Funding Sources: The Percent for Art contribution does not preclude programming or acquisition of other Cultural Assets for City properties through alternative funding sources, such as partnerships, contributions, donations, or grants. (Ord. 19-23, 6-27-2023)

Boise City Code § 1-12F-4 ROLES AND RESPONSIBILITIES OF THE ARTS AND HISTORY DEPARTMENT

1-12F-4: ROLES AND RESPONSIBILITIES OF THE ARTS AND HISTORY DEPARTMENT: A. Ownership And Management: 1. All Cultural Assets acquired with Percent for Art funds shall be owned and maintained by the City, whether purchased by City Percent for Art contributions or Percent for Art contributions voluntarily made by partnering entities. The A&H Department shall ensure that the City insures all Cultural Assets while in the City's collection. If Cultural Assets are placed on private property or public property owned by another public entity, there shall be a written agreement or legal instrument granting the City access for installation, maintenance, and removal of the Cultural Asset executed between the City and the property owner prior to installation. 2. The A&H Department, in consultation with the respective City departments that have Cultural Assets in facilities under their control, shall manage the artist or contractor selection process, accessioning, deaccessioning, maintenance, and conservation for all Cultural Assets programmed or acquired with Percent for Art funding under the direction of the A&H Department director. B. Planning: 1. Annual Report And Plan: The A&H Department shall prepare and submit to City Council an annual report and plan of all upcoming and in-progress Cultural Asset projects to be programmed or acquired with Percent for Art funding. The report and plan will be coordinated with the budget planning process, and A&H Department staff shall update City Council throughout the year as more information becomes available. 2. General Fund Projects: All general fund Percent for Art allocations shall be pooled across all general fund departments. The A&H Department shall cooperatively prioritize the project opportunities with the relevant departments to which a project relates. 3. Enterprise Fund Projects: All enterprise fund Percent for Art allocations shall be pooled by the department that generated the allocations within their respective funds (i.e., the Airport or Public Works Department). The A&H Department shall cooperatively prioritize the project opportunities for their separate pooled allocations. 4. City Council Approval: All Cultural Asset projects that shall exceed fifty thousand dollars ($50,000) shall require advance City Council approval. 5. Projects Aligned With City Plans: The Percent for Art Program shall be consistent with the City Strategic Plan, Comprehensive Plan, Cultural Master Plan, Economic Development Strategic Plan, Public Works Arts Master Plan, Airport Arts Master Plan, and other City approved plans, policies, regulations, and codes. C. Cultural Asset Selection: 1. Public Art Selection: The A&H Department shall form a public selection committee or identify and engage a subject matter expert from the A&H Department or community members to select the creation of a Public Art piece or an existing Public Art piece to acquire. If formed, the public selection committee shall have representation from the A&H Department and other relevant departments and may include members of cultural organizations or the community. The A&H Department shall ensure that Public Art pieces have a stated public purpose, value, and impact and are selected commensurate with the A&H Department's adopted collections policy. 2. Objects And Manuscripts Selection: A subject matter expert from the A&H Department or engaged by the A&H Department shall select Objects and Manuscripts to acquire. The A&H Department shall ensure that Objects and Manuscripts have a stated public purpose, value, and impact and are selected with criteria commensurate with the A&H Department's adopted collections policy. 3. Programs Selection: A subject matter expert from the A&H Department or engaged by the A&H Department shall plan and implement Cultural Asset Programs. The A&H Department shall ensure that all Programs have a stated cultural public purpose, value, and impact and are selected with criteria commensurate with the A&H Department's mission, vision, and policy. (Ord. 19-23, 6-27-2023)

Boise City Code § 1-12F-5 PERMISSIBLE USES OF PERCENT FOR ART FUNDS

1-12F-5: PERMISSIBLE USES OF PERCENT FOR ART FUNDS: A. General Fund Percent for Art allocations may be used for the acquisition or exhibition of cultural assets, including the acquisition of necessary infrastructure for exhibiting the Cultural Assets, as well as costs related to changing exhibitions. In addition, Percent for Art funds may be used for costs associated with management, planning, and education, including but not limited to printing, postage, contractor expertise, artist proposal fees, meetings, office supplies, overhead, and transportation. B. Enterprise fund Percent for Art allocations may be used for the acquisition or exhibition of Cultural Assets, including the acquisition of necessary infrastructure for exhibiting the Cultural Assets, as well as costs related to changing exhibitions, that directly benefit the department from which they are generated (i.e., Airport or Public Works). To the extent it directly benefits the respective department, Percent for Art funds may be used for costs associated with management, planning, and education, including but not limited to printing, postage, contractor expertise, artist proposal fees, meetings, office supplies, overhead, and transportation. (Ord. 19-23, 6-27-2023)

Boise City Code § 1-12F-6 ALLOCATION OF PERCENT FOR ART FUNDS

1-12F-6: ALLOCATION OF PERCENT FOR ART FUNDS: A. Cultural Assets Component Budget: During annual or interim budget development process related to individual eligible Capital Improvement Projects, the Percent for Art budget for each City Capital Improvement Project shall be identified and transmitted to the City Council by the relevant department. One and two-tenths percent (1.2%) of eligible Capital Improvement Project funds for the Cultural Assets shall be appropriated from the fund within which the Capital Improvement Project is budgeted unless the Capital Improvement Project is excluded. B. Calculation: The Percent for Art component budget for each eligible Capital Improvement Project shall be calculated by multiplying one and two-tenths percent (1.2%) times the project's eligible costs. The budget for the Percent for Art component shall be calculated for the budgeted eligible Capital Improvement Project costs at the time of project approval by the City Council. C. Consideration During Review, Approval Process: During the review and approval of each eligible Capital Improvement Project, the Percent for Art component budget shall be considered. The Percent for Art allocation calculated in this section shall be included in the approved City Capital Improvement Project budget by each City department unless excluded. Approval of the Capital Improvement Project budget by the City Council shall, by policy, include and entail approval of the Percent for Art budget component associated with the Capital Improvement Project unless excluded. D. Rollover Of Capital Improvement Project Cultural Asset Allocations: As eligible Capital Improvement Projects may require more than one (1) year to implement, all unexpended Percent for Art funds shall be eligible to be re-budgeted each year until project completion. (Ord. 19-23, 6-27-2023)

Boise City Code § 1-12F-7 MAINTENANCE

1-12F-7: MAINTENANCE: A. A&H Department Responsible For Maintenance: All Cultural Assets acquired under the Percent for Art program shall be maintained while in the City's collection or on display. Except where expressly provided in a contract or warranty, the A&H Department shall be responsible for the maintenance of the Cultural Assets and facilities in which they are stored. B. Cultural Asset Maintenance: Maintenance includes, but is not limited to, proper storage, cleaning, resurfacing, repair, and replacement of parts. Other City departments may assist in maintaining Cultural Assets located in facilities under their control under the direction of the A&H Department. C. Maintenance Funding: Necessary funding for maintenance, associated implementation and operating costs of City Cultural Assets of the A&H Department is allocated through the City's normal annual or interim budget process. (Ord. 19-23, 6-27-2023)

Source: Boise City, Idaho, City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/boise_id/latest/boise/0-0-0-586Fetched: 11/1/2026