RES 2000-45 GUIDELINES TO IMPLEMENT PUBLIC ART PROJECTSRESOLUTION NO. 2000-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAINBRIDGE ISLAND, WASHINGTON, APPROVING GUIDELINES TO
IMPLEMENT PUBLIC ART PROJECTS.
WHEREAS, the City of Bainbridge Island identified the need for
funding to maintain, restore, renovate or relocate public art projects by adopting
Ordinance No. 2000-09;
WHEREAS, as a further example of the City's commitment to the arts,
the Community Relations City Council standing committee and the Bainbridge
Island Arts and Humanities Council have cooperatively developed guidelines for
implementing Public Art Projects, which is attached;
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DOES RESOLVE THAT:
The Bainbridge Island Public Art Committee Guidelines for implementing public
arts projects attached to this resolution are adopted.
PASSED by the City Council this 13th day of December 2000.
APPROVED by the Mayor this 141h day of December 2000.
DWIGHT SUTTON, Mayor
ATTEST/ AUTHENTICATE:
41TSN P. KASPER, City Clerk
FILED WITH THE CITY CLERK: December 6, 2000
PASSED BY THE CITY COUNCIL: December 13, 2000
RESOLUTION NO. 2000-45
BAINBRIDGE ISLAND PUBLIC ART COMMITTEE
GUIDELINES FOR IMPLEMENTING PUBLIC ART PROJECTS
Adopted by the Bainbridge Island Arts and Humanities Council on November 20,2000
I. GOALS
The Bainbridge Island Arts and Humanities Council (BIAHC) will appoint a
Public Art Committee (PAC) to:
A. Propose and implement 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.
B. 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.
C. Enhance the creative environment for working artists and to provide opportunity for
them to create art for public places.
D. Obtain comments, suggestions, and support from the community and its artists in the
expenditure of public art funds.
E. Identify appropriate sites for artwork projects.
F. Educate the public concerning public art.
II. APPOINTMENTS AND STAFFING
A. The Public Art Committee (PAC) membership:
1. The PAC shall consist of no fewer than (5) and no more than (9)
persons as determined by the needs of the PAC.
2. The BIAHC board will designate one of its members to sit on the
Committee for liaison purposes.
3. Appointments to the PAC shall be made by a majority vote of all PAC
Members then serving, with the approval of the BIAHC.
4. PAC members shall serve for three (3) years or until their resignation
or removal. No person shall serve on the PAC for more than (9)
consecutive years.
5. PAC members shall have (1) vote in matters pertaining to the Public
Art Committee; voting shall be either in person or by proxy.
6. A PAC member may resign at any time by delivering written notice
thereof to the PAC.
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. Public Art Committee (PAC) staff.
1. The BIAHC Director shall serve as staff for the PAC, and may hire, at
the direction of the PAC and the approval of BIAHC, a project
manager on a project -by -project basis.
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. Work ofArt/Artwork: 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
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. Photography.
5. Crafts: in clay, fiber and textiles, wood, metal, plastic, etc.
6. Mixed media: any combination of forms or media, including collage.
7. Earthworks and other environmental works.
8. Performance art: dance, drama, music and readings.
B. Artist(s): Principal individual or team responsible for the concept, development, and
production of Work of Art/Artwork.
C. City: 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 (PAF): 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. 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 PAF.
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.
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.
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. (PAF
money may be spent on limited editions controlled by the artist of original
prints, cast sculpture, etc.)
2. Objects which are mass produced or of standardized design, such as
playground sculpture.
3. Ongoing electrical, hydraulic or maintenance services for activation of an
artwork, or utility costs.
V. RESPONSIBILITIES
A. The Bainbridge Island Arts and Humanities Council (BIAHC) will:
1. Implement BIMC 3.80.040 and Public Art Ordinance 96-23.
2. Appoint the PAC to assist with the duties and obligations outlined in BIMC
3.80.040.
3. Provide technical and staff support to the PAC.
4. Act on PAC requests and will vote on PAC proposals in a timely manner
B. The Public Art Committee (PAC) will:
1. Define arts project proposals.
2. When appropriate devise means for Community input.
Work with city officials and consultants when appropriate, to recommend sites for
artwork and when desirable, means for participation of artists in overall project
design.
4. Establish procedures for obtaining information on prospective artists and their
works.
5. Establish guidelines for installation, maintenance, and 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.
11. 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
proj ect.
13. Receive approval from the appropriate City official(s)of any proposed artwork
requiring extensive maintenance prior to implementation of the project. (See
section IV, 133)
14. Consult with the City Public Works Dept. and the Land Use Office on
construction project, regarding the execution or placement of the artwork. In cases
of existing and completed sites, the PAC shall consult with City official(s) on
locations and reach an agreement.
15. Submit the recommendation for the artworks and the budget to the Bainbridge
Arts and Humanities Council for approval prior to submission to the Mayor and
the City Council.
16. Oversee progress of each project.
17. Document completed art projects, including the proposal, photographs, contract,
maintenance records, and PAC action related to each project.
18. 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 deposited in the PAF.
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 artworks, upon
ownership by the City, and abide by the artist's contract regarding artist
involvement in repairs.
D. Design professionals will, when artwork is being integrated into a construction
proj ect:
1. Work with the Committee as soon as possible in design phase to incorporate any
possible advance planning in relationship to artwork.
2. Recommend and advise on sites, specific locations and medium and/or format of
works of art.
3. If needed, serve in a nonvoting 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. Artist will:
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 PAC, City officials, and design
professional(s).
3. Request review and approval from the PAC, 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 artwork.
5. When required by the City, provide approved and stamped engineering plans
with specifications for installation construction.
6. Be responsible for coordinating, and final inspection of the installation of the
artwork, hiring subcontractors as necessary, unless otherwise stipulated in the
contract.
7. Assume liability for the artwork, up to and during installation, until final
acceptance of the artwork by the City.
Complete conservation records that include (as appropriate):
a. Specific materials and sources used in the execution of the piece.
b. Methods of fabrication including diagrams and names of fabricators.
c. Installation specifications, methods, description and diagram of
structural support, company and persons involved in installation.
d. 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.)
e. Desired appearance of work (e.g. matte or glossy patina).
9. When requested, maintain a record (i.e. slides, log and/or sketches).
10. Respond to the City's concerns regarding vandalism and public safety through
all phases of the artwork.
11. 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 artists past work, quality and feasibility of
proposals; artist's performance records, and, when appropriate, the ability of
an artist to work with the community.
3. When appropriate, priority will be given to artist 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 PAC.
5. Past PAC members are precluded from submitting proposals for one year after
service.
B. Selection Process:
1. Selection shall be by juries named by the PAC. The PAC will adequately
publicize all public artwork 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 PAC.
The PAC will broadly publicize the application criteria and procedures
at least one month prior to selection.
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 artwork will be chosen by the jury.
At least three artists or arworks must beo sodnered through review of
slides, photos, or actual works.
C. Jury Selection and Responsibilities:
The number of jurors will be determined by the PAC based on size and
complexity of the project. The Jury will normally consist of. a non-voting
member of the PAC 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 PAC
member. The design professional, if any, on the current project may serve
as an unpaid, non-voting advisor.
2. Jurors will be chosen based on experience and credentials.
3. The PAC may choose to give written instructions concerning criteria to be
used in the judging to the jurors before the first meeting.
4. Members of the jury maybe paid honoria.
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
PAC.
7. The jury's decision will be reported to BIAHC, the Mayor and City
Council. A written report of the jury's reasons for their selection will be
submitted and made a matter or record.
VII. ADMINISTRATIVE PROCEDURES
The PAC will advise BIAHC of its intentions with respect to proposed Public
Art Projects.
2. Following BIAHC approval the PAC will submit Public Art Project proposals,
and a cost estimate to the Mayor and City Council.
Prior to acceptance by the Mayor and City Council, the Public Art Project 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 accepted will not
be used elsewhere or in the future without prior written agreement between
the Artist and the City.
S. 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 PAC, subject to review and
comment of the BIAHC. However, PAC 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 PAC for its review and
recommendation to the BIAHC and the City. The review will be based on:
a. Quality of the work.
b. Artist's integrity and appropriateness to the collection.
c. Maintenance requirements.
d. Conformance to structural and fabrication standards and safety codes.
e. Donor conditions.
f. Availability of an appropriate site for the work.
g. 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 maintenance, removal or relocation of
public works of art, the PAC shall observe a periodic reassessment process.
A. The PAC shall make their recommendations to the BIAHC and then to the City
Council. Options:
1. Maintain the work at its current site.
2. Relocate the artwork. 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.
3. Removal of an artwork 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 PAF. Any pre-existing
contractual agreements between the artist and the City regarding resale shall
be honored.
4. Destruction of the artwork. If destruction is the only solution, whenever
practical the artist shall be given first opportunity to remove the piece.
B. The reassessment may also be initiated by the PAC for one or more of the following
reasons:
1. The condition or security of the artwork cannot be reasonably guaranteed.
2. The artwork requires excessive maintenance or has faulty design or
workmanship and repair or remedy is impractical or unfeasible.
3. The artwork has been damaged and repair is impractical or unfeasible.
4. The artwork endangers public safety.
5. 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.
6. Significant adverse public reaction has continued unabated over an extended
period of time.
7. The quality or authenticity of the artwork is called into question.
8. Removal is requested by the artist.
C. Reassessment may include but not be limited to:
1. Review of the artist's contract and other pertinent agreements.
2. Discussion with the artist of the concern prompting the review.
3. Opinions of independent professional qualified to recommend on the
concern prompting review (e.g. conservators, engineers, architects, critics,
art historians, safety experts, etc.).
4. Written correspondence, press and other evidence of public debate.
D. Expenses for the maintenance, repair or removal will be paid in accordance with City
Ordinance BIMC 3.80.020.
X. PROJECT FILES, RECORDS AND PROCEDURES
A. The PAC 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 artwork.
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 PAC's actions including minutes of all meetings.
3. Copies of all pertinent City Ordinances.
4. Maintenance reports.
The Committee will periodically review its Guidelines for possible revision.
END OF GUIDELINES