RES 96-39 ADOPTION OF THE GUIDELINES FOR A PUBLIC ARTS WORKS PROGRAMS BY BIAHCRESOLUTION NO. 96-39
A RESOLUTION of the City of Bainbridge Island,
Washington, adopting the recommended guidelines
for the administration of the Public Art Works
program developed by the Bainbridge Island Arts
and Humanities Council.
WHEREAS, the Bainbridge Island Arts and Humanities Council (BIAHC) is "the
designated agency for carrying out duties associated with the public art works programs and
fund"; and
WHEREAS, the BIAHC has developed Guidelines to be used for this purpose; and
WHEREAS, the Guidelines have been reviewed by the City Council Community
Relations Committee and the Committee recommends the guidelines for approval;
NOW, THEREFORE, the City Council of the City of Bainbridge Island resolves as
follows:
Section 1. The Guidelines for implementing Public Art Projects adopted by the
Bainbridge Island Arts and Humanities Council on May 20, 1996, are hereby approved and
adopted by the City of Bainbridge Island.
PASSED by the City Council this 19th day of September, 1996.
APPROVED by the Mayor this 19th day of September, 1996.
JANET K. WEST, Mayor
ATTEST/AUTHENTICATE:
i
SUSAN P. KASPER, City Clerk
FILED WITH THE CITY CLERK: September 17, 1996
APPROVED BY THE CITY COUNCIL: October 3, 1996
RESOLUTION NO. 96-39
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GUIDELINES FOR IMPLEMENTING PUBLIC ART PROJECTS
Adopted by the Bainbridge Island Arts and Humanities Council on May 20, 1996
I. GOALS
The Bainbridge Island Arts and Humanities Council will appoint a Public Art
Committee:
1. To recommend art works and projects that will contribute to the sense of
community identity and be displayed in spaces easily accessible and
visible to citizens and/or visitors. Such public art works and projects
shall be consistent with the Comprehensive Plan and Community Cultural
Plan goals and purposes, zoning and subdivision ordinances, and the uses
contemplated therein.
2. To cooperate and work with other organizations, both private and public,
such as City Planning Agency, Public Works Dept., Land Use Office, City
Parks Advisory Board, Bainbridge Island Park and Recreation Dept.,
Merchants Association, Team Winslow, Chamber of Commerce, Historical
Society and the Washington State Department of Transportation.
3. To enhance the creative environment for working artists and to provide
opportunity for them to create art for public places.
4. To obtain comments, suggestions, and support from the community and its
artists in the expenditure of public art funds.
5. To identify appropriate sites for artwork projects.
6. To educate the public concerning public art.
II APPOINTMENTS AND STAFFING
A: The Public Art Committee(PAC) members shall consist of the following:
1. Number: The committee shall consist of no fewer than (5) and no more
than (9) persons as determined by the needs of the committee.
2. The BIAHC board will designate one of its members to sit on the
Committee for liaison purposes.
3. Appointments: Appointments to the Committee shall be made by a majority
vote of all Committee Members then serving, and the approval of the
BIAHC.
4. Terms: Committee members shall be appointed for a term of three years or
until their resignation or removal from office. No person shall serve on
the Committee for more than (9) consecutive years.
5. Vote: Each Committee member shall have (1) vote in matters pertaining to
the Public Art Committee; voting shall be either in person or by proxy.
6. Resignation: any Committee member may resign at any time by delivering
written notice thereof to the Committee.
7. Removal: (a) The status of any Committee Member who has been absent from
three consecutive Committee Meetings shall be reviewed by the Committee
and their position may be declared vacant by a 2/3 vote of the Committee
members and the approval of the BIAHC. (b) Any Committee member whose
removal is considered to serve the best interests of BIAHC and the
Committee, their position may be declared vacant by a 2/3 vote of the
Committee members and the approval of the BIAHC.
B. Staffing.
1. The BIAHC Director shall serve as staff for the Committee, and may hire,
at the direction of the Committee and the approval of BIAHC, a project
manager on a project -by -project basis.
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2. Contacts with the media, the City, project managers, potential funding
sources and administration of projects will be the responsibility of the
BIAHC Director, who may delegate them to the project manager as projects
and circumstances require.
III. DEFINITIONS
A. "Works of Art": Original creations including the production or arrangement
of sounds, colors, forms, movements and other elements in a manner that
enhances the sense of beauty and is of aesthetic value including but not
limited to:
1. Sculpture: in the round, bas relief, fountain, electronic, etc., in
any material or combination of materials.
2. Painting: all media, including portable and permanently affixed
works such as murals. `
3. Graphic arts: drawing, printmaking, applied graphic design, and
calligraphy.
4. Mosaics and leaded glass.
5. Photography.
6. Crafts: in clay, fiber and textiles, wood, metal, plastic, etc.
7. Mixed media: any combination of forms or media, including collage.
8. Earthworks and other environmental works.
9. Performance art: dance, drama, music and readings.
B. "Artist(s)": Principle individual or team responsible for the concept,
development, and production of "Works of Art."
C. "City": Refers to the City of Bainbridge Island.
D. "Design Professional": The person or firm (architect, landscape architect,
engineer, interior designer, or other design professional) designing the
project or any part thereof to which the 1% provision applies.
E. "Public Art Fund": A special fund into which money equal to 1� of
expenditures on eligible construction as defined in BIMC 3-80 and/or through
private donations are deposited.
F. Funds received from Bainbridge Performing Arts ticket sales (under an
agreement signed by the BPA and the City of Bainbridge Island on June 24,
1991) are also to be deposited to the Public Art Fund.
IV. INCLUSIONS AND EXCLUSIONS
A. Inclusions: Money from the Public Art Fund MAY BE EXPENDED for the following:
1. The cost of the work of art: generally, if the artists is commissioned
to produce a new work, the following are taken into account in the
contract:
a. Artist's professional design fee.
b. Labor of assistants and materials required for production of the
work.
c. Studio and operating costs of the artist, including rent,
depreciation, utilities,. communications, insurance, and other direct
and indirect costs.
d. Travel of the artist for site visitation and research.
e. Transportation of the work to the site.
f. Installation of the completed work and site preparation that is an
integral part of the work.
g. Sales tax.
2. Identification plaques and labels to be placed on or adjacent to the
artwork.
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3. Water works, electrical or mechanical devices, or equipment which are
necessary for the installation and proper functioning of the artwork.
4. Pedestal or base which is an integral part of the work, or frames and
mats etc. necessary for the proper presentation of the artwork.
5. In case of existing sites not undergoing development, alteration or
restoration necessary for installation of the artwork, cost may be paid
by the Public Art funds.
6. Honoraria may be paid to voting jury members.
7. Honoraria may be paid to artists selected to participate in limited
competition for time, materials, and travel involved in making a
proposal or model.
8. Architect, Art Administrator, project manager and consultant's fees as
are judged necessary for the successful completion of project(s).
9. Funds may be used for dedications, educational purposes, promotions and
other common reoccurring operating expenses of the Committee.
B. Exclusions: Money from the Public Art Fund MAY NOT BE EXPENDED for the
following:
1. Reproductions by mechanical or other means, of original works of art.
Included, however, may be limited editions controlled by the artist of
original prints, cast sculpture, etc.
2. "Art Objects" which are mass produced or of standard design, such as
playground sculpture or fountains.
3. Ongoing electrical, hydraulic or maintenance services for activation of
the work, and utility costs.
V. RESPONSIBILITIES
A. THE BAINBRIDGE ISLAND ARTS AND HUMANITIES COUNCIL (WILL):
1. Implement BIMC 3.80.040 and Public Art Ordinance 96-23.
2. Appoint the Public Art Committee to assist with the duties and
obligations outlined in BIMC 3.80.040.
3. Provide technical and staff support to the Public Art Committee.
4. Act on Public Art Committee requests and will vote on Public Art
Committee proposals in a timely manner.
B. THE PUBLIC ART COMMITTEE WILL:
1. Define arts project proposals.
2. When appropriate devise means for Community input.
3. Work with appropriate city officials and consultants when appropriate,
to recommend sites for art work and medium and/or format for
participation of artists in project design.
4. Establish procedures for obtaining information on prospective artists
and their works.
5. Establish guidelines for installation, maintenance or relocation of
artworks.
6. Determine the methods of selection and commissioning artists; and for
reviewing the design of, execution, placement of, and acceptance of
works of art funded by this ordinance.
7. Determine honoraria to voting members of the jury, and when appropriate,
to artists invited to participate in a limited competition.
8. Maintain a file of potential jurors, containing their credentials and
experience.
9. Make the nature of the upcoming project known to the public before the
jury meets.
10 -Work with the jury and will preside over jury review sessions in non-
voting capacity.
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ll.Consult with City official(s) regarding the execution and implementation
of art work.
12.Assist the City Attorney in developing the necessary artist contract for
each project.
13.Receive approval from the appropriate City official(s)of any proposed
work of art requiring extensive maintenance prior to implementation of
the project. (See section IV, B3)
14.Consult with the City Public Works Dept. and the Land Use Office for a
particular construction project, regarding the execution or placement of
the artwork. In the case of existing and completed sites, the Committee
shall consult with City official(s) on locations and reach an agreement.
15.Submit the recommendation for the art work and the budget to the
Bainbridge Arts and Humanities Council for approval prior to submission
to the Mayor and the City Council.
16.Research additional funding sources to assist in meeting costs of
implementing art projects.
17.Oversee progress of each project.
18.Document completed art projects, including the proposal, photographs,
contract, maintenance records, and Committee action related to each
project.
19.Develop a program of educational and promotional activities as part of
each public art project. In addition to involving citizens in advisory
panels and art selection juries, public involvement may be achieved
through artist's interaction with the community, use of the media,
special events, exhibitions, tours, publications and public meetings.
C. THE CITY WILL ASSIST BIAHC WITH THE FOLLOWING:
1. Information regarding the amount of funds in the Public Art Fund.
2. Information on new capital improvement projects including illustrations
if available.
3. Space for a public exhibit of project proposals.
4. The appropriate City agencies shall review, advise and approve the
proposed artwork(s) based on public safety, technical feasibility of
installation; and, when necessary, facilitate the installation of the
artwork(s).
5. City attorney will assist with artist contract preparation and
disbursement of funds.
6. Maintenance, repair, security and insurance of the public art works,
upon ownership by the City, and abide by the artist's contract regarding
artist involvement in repairs.
D. DESIGN PROFESSIONALS WILL: (When Art Work is being integrated into a project)
1. Work with the Committee as soon as possible in design phase to
incorporate any possible advance planning in relationship to art work.
2. Recommend and advise on sites, specific locations and medium and/or
format of works of art.
3. If needed, serve in an advisory capacity on the jury of the current
project.
4. Work closely with the artist and provide technical assistance if
requested, and be available to observe the installation of the
contracted work.
E. THE ARTIST WILL:
1. Complete commissioned work in a timely and professional manner, or
transfer title of an existing work of art to the City.
2. Maintain a close working relationship with the Committee, City
officials, and design professional(s).
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3. Request review and approval from the Committee, should any
significant change occur in scope, material, or design of work.
4. Make a presentation, if requested, to the community on the
development or progress of the work.
5. When required by the City, provide approved and stamped engineering
plans with specifications for installation construction.
6. Be responsible for coordinating, overseeing, and final inspection of
the installation of the art work and hiring of whatever contractors
or subcontractors are necessary to install the Work unless otherwise
stipulated in the contract.
7. Assume liability for the work, up to and during installation, and
until final acceptance.
8. Complete conservation records that include (as appropriate):
• specific materials and sources used in the execution of the piece
• methods of fabrication including -diagrams and names of fabricators
• installation specifications, methods, description and diagram of
structural support, company and persons involved in installation
• method and frequency of maintenance including routine maintenance
requirements, cyclical maintenance requirements, recommendations
and cautions about possible negative influences on work (e.g.
climate, pollutants, sunlight, etc.)
• desired appearance of work (e.g. matte or glossy patina).
9. When requested, maintain a record (i.e. slides, log and/or sketches)
of the process used to produce the work of art, to be given to the
City upon completion of the project.
10.Be responsive to the City's concerns regarding vandalism and public
safety through all phases of the work.
ll.Estimate the life of the work and guarantee the work for a minimum of
one year after installation or as provided in the contract.
VI. SELECTION PROCEDURES
A. Criteria for Selection:
1. Artistic excellence will be the primary criterion for selection.
2. Selection will be based on quality of artist's past work, quality and
feasibility of proposal, artist's performance record, and, when
appropriate, the ability of an artist to work with the community.
3. When appropriate, priority will be given to commissioning public art
works by artists of local or regional emphasis and backgrounds.
4. Specifically excluded are artists who are members of the projects'
architectural firm or artists who are members of the Committee.
5. Past Committee members are precluded from submitting proposals for one
year after service.
B. Selection Process:
1. Artwork shall be selected by a jury named by the Committee. The
Committee will be responsible for adequately publicizing all public art
work projects and will conduct a fair and open selection process.
2. One of the following methods of selection may be used:
a. OPEN COMPETITION: any professional artists eligible to enter,
subject to residence limitations which may be established by the
Committee. The Committee will broadly publicize the application
criteria and procedures at least one month prior to selection.
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b. LIMITED COMPETITION: The jury will consider three or more artists and
invite them to prepare a proposal. The names of artists will be
publicly announced upon receipt of written acceptance from the
artists. Where detailed proposals or models are requested, each
artist may receive a fee for the necessary time, materials and travel
involved in preparing the proposal.
c. DIRECT SELECTION: The artist or art work will be chosen by the jury.
At least three artists or art works must be considered through review
of slides, photos, or actual works.
C. Jury Selection and Responsibilities:
1. The number of jurors will be determined by the Committee based on
size and complexity or the project. The Jury will normally consist
of: a non-voting member of the Committee (who will chair the
proceedings,) a non-voting representative with technical expertise
from the City, three professional artists (or two professional
artists and one arts professional) and two community representatives.
For smaller projects, two professional artists (or one professional
artist and one arts professional) and one community representative
will be sufficient in addition to the non-voting Committee member.
The design professional, if any, on the current project may serve as
an unpaid advisor.
2. Jurors will be chosen based on experience and credentials.
3. The Committee may choose to give written instructions concerning
criteria to be used in the judging to the jurors before the first
meeting.
4. Artist members of the jury may be paid honoraria.
5. If consensus cannot be reached by the jury, then a vote shall be
taken, with the majority carrying the decision. The decision will be
final except in cases of proven technical unfeasibility.
6. The jury shall have the option of making no selection if, in its
opinion, there is insufficient merit and/or information to make a
selection. In the event no selection is made, a new selection
process may be initiated by the Committee.
7. The jury's decision will be reported to BIAHC, the Mayor and City
Council. In all cases, a written report of the jury's reasons for
their selection will be submitted and made a matter or record.
VII. ADMINISTRATIVE PROCEDURES
1. The Committee will advise BIAHC of its intentions with respect to
proposed Public Art Projects.
2. The Committee will submit the proposal, together with a cost estimate to
the Mayor and City Council.
3. Prior to acceptance by the Mayor and City Council, the artist's proposal
and its site will be reviewed by the City Staff for technical
feasibility of installation.
4. The City will enter into a contract with the selected artist.
5. Payments to the artist shall be in proportion to services actually
performed and completed and will be paid upon submission of the artist's
invoice, according to payment schedule, as agreed upon in the contract_
6. For either existing work or commissions, the artist may attach a sketch
or photo of the artwork to the contract.
7. The contract will grant all copyrights to the artist, except for
allowance for photographic reproduction for purposes of documentation or
publicity. However, the artist will be asked to warrant that the design
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accepted will not be used elsewhere or in the future without prior
written agreement between the Artist and the City.
8. In the event of termination of a contract or an artist's inability to
complete the contract, the Committee, subject to review and comment by
the BIAHC, reserves the right to appoint such artists or technicians as
are necessary to complete the project.
9. Tasks necessary to the execution or installation of a project not
included in the contract may be approved at the discretion of the
Committee, subject to review and comment of the BIAHC. However,
Committee Members may not be hired for these tasks.
VIII. RECEIPT OF GIFTS OF ART
1. Proposed gifts of works of art are to be referred to the Committee for
its review and recommendation to the Bainbridge Arts and Humanities
Council and the City. The review will -be based on:
• the quality of the work
• the artist's integrity and appropriateness to the collection
• maintenance requirements
• conformance to structural and fabrication standards and safety codes
• donor conditions
• availability of an appropriate site for the work
• advice of administrators as to the appropriateness of the proposed
site.
2. Proposed gifts of funds for acquisition of works of art if restricted or
dedicated in any way will be reviewed to ensure that such restrictions
or dedications are consistent with the goals of the Community Cultural
Plan and City Comprehensive Plan.
3. Proposed gifts of sites for works of art will be reviewed to ensure
consistency with the Community Cultural Plan and the City Comprehensive
Plan.
IX. MAINTENANCE AND CONSERVATION OF WORKS OF ART
In order to establish an orderly process for reviewing the status of public
artwork and to establish a procedure for removal or relocation of public
works of art, the Committee shall observe an annual reassessment process.
1. The reassessment may also be initiated by the Committee for one or more
of the following reasons:
• the condition or security of the artwork cannot be reasonably
guaranteed
• the artwork requires excessive maintenance or has faulty design or
workmanship and repair or remedy is impractical or unfeasible
• the artwork has been damaged and repair is impractical or unfeasible
• the artwork endangers public safety
• no suitable site is available or significant changes in the use,
character or design of the site have occurred which affect the
integrity of the work
• significant adverse public reaction has continued unabated over an
extended period of time
• the quality or authenticity of the artwork is called into question
• removal is requested by the artist.
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2. Reassessment may include but not be limited to:
• review of the artist's contract and other pertinent agreements
• discussion with the artist of the concern prompting the review
• opinions of more than one independent professional qualified to
recommend on the concern prompting review (e.g. conservators,
engineers, architects, critics, art historians, safety experts, etc.)
• written correspondence, press and other evidence of public debate
3. The Committee shall make their recommendations to the BIAHC and then to
the City Council. Options include:
A. Maintain the work at its cufrent site.
B. Relocate the work. If the work was created for a specific site,
relocation must be to a new site consistent with the artist's
intention. Artist's assistance should be sought whenever
possible.
C. Removal by sale, extended loan, trade or gift. Professional
appraisals of the fair market value of the work should be
obtained. Proceeds from the sale of the work shall be deposited
into the Art Fund. Any pre-existing contractual agreements
between the artist and the City regarding resale shall be
honored.
D. Destruction of the work. If destruction is the only solution,
whenever practical the artist shall be given first opportunity
to remove the piece.
4. Expenses for the maintenance, repair or removal will be paid from the
Public Art Fund.
X. PROJECT FILES, RECORDS AND PROCEDURES
The Committee shall maintain the following files at the BIAHC office:
1. For each project:
A. Artist's contract.
B. Professional resumes.
C. Photographs and/or slides of the work.
D. Proposals including visual images of the proposed work, technical
description, method of execution, recommendations for the care and
maintenance of the work, and stamped engineering plans as
appropriate.
E. City agreements relating to siting or implementation of the
project.
F. A record of all billings made.
2. Records of the Committee's actions including minutes of all meetings
3. Copies of all pertinent City Ordinances
4. Annual maintenance reports
The Committee will periodically review its Guidelines for possible revision.
The Guidelines will be submitted to The City Council for final approval.
END OF GUIDELINES