LTC 263-2010 Art in Public Placesm MIAMIBEACH
OFFICE OF THE CITY MANAGER
NO. LTC #'263-20~ o ~ ~ LETTER TO
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 4, 2010
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SUBJECT: Miami Beach Art in Public.Places Program
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At the September 20, 2010 City Commission budget hearing, Commission Wolfson requested a copy of
the City's Art in Public Places (AiPP) Collection Inventory, and Commissioner Exposito had several other
questions regarding the City's AiPP Program. This Letter to Commission (LTC) is being provided in
response to those questions.
BACKGROUND
. The Art in Public Places (AiPP) Ordinance (Ordinance No. 95-2985) was adopted in 1995 in an effort to
~,"enhance the aesthetic. environment of the City of Miami Beach by including works of art on .public
property within the City and in City construction projects." The City's Ordinance is very similar to the
County's AiPP Ordinance that requires funding. for public art when funding county or municipal capital
projects.
The goals of the AiPP program are: overseeing the City's public art collection; enhancing the physical
,environment of Miami Beach with artworks of the highest level of quality and suitabilityforthe site; serving
as the coordinating body for all public art and memorial projects on City property; building-partnerships
with private sector, non-.profit and community groups that connect the AiPP projects to the life of the City;
encouraging. participation by artists based in the City and the County; and serving. as a source of
information about public art.
In September of 2001, the City contracted with nationally recognized public art consultant Glenn Weiss to
lay the foundation for an AiPP Five Year Master Plan and Guidelines. After a series of four community
workshops, in October of 2002, the master plan (and AiPP Ordinance and guidelines) was reviewed by
the Administration and subsequently considered on three (3) separate occasions by the Community
Affairs Committee.
The AiPP Ordinance was amended in May 2004 to clarify the definition of terms for eligible construction
projects for funding, as well as the policy and procedures for appropriations. The amendments expanded
the required appropriations to the AIPP Fund to include city construction projects where the City is a party
to a development agreement and/or a ground lease; revised and clarified the respective definitions of
"hard costs" and "City construction project" for purposes of applying required AIPP financial contributions;
exempted certain types of City construction projects from the AIPP Ordinance; clarified the powers and
duties of the AIPP Committee; made the Committee structure uniform with the City's agencies, boards,
and committees legislation; and provided that the acquisition, removal, and/or relocation of works of art
would be in accordance with the criteria set forth in the Art in Public Places Master Plan, that was adopted
by resolution of the City Commission. The AiPP Guidelines were also adopted by the City Commission at
that. time.
AIPP FUNDING
The AiPP program is funded by the appropriation of one and one-half percent (1 'h %) of all hard costs of
Art in Public Places Program .LTC
.Page 2 of 3
City projects, including new construction, additions, and costs for construction of joint private/public
projects. The fund is used for the commission or acquisition of works of art; conservation and
maintenance of works of art; research and evaluation of works of art; printing and distribution of related
.materials; and administration. The County ordinance has a comparable funding requirement.
MIAMI-DADE COUNTY ART IN PUBLIC PLACES PROGRAM
Miami-Dade County established its Art in Public Places (MDAPP) Program in 1973 with the passage of an
ordinance allocating 1.5% of the construction cost of new county buildings for the purchase or
commission of artworks. Pursuant to Section 2-11.15 of the County Code, municipalities are also
obligated to abide by the MDAPP Program. In order to comply with the County Code, municipalities have
the option of administering their own public art program/projects, or working with MDAPP to administer,
manage and implement the public art components. Since the adoption of the City's AIPP Ordinance in
1995, the City has administered its own program.
It is also important to inform you that any projects receiving Miami-Dade County General Obligation Bond
Funds (e.g. South Pointe Park) are not only required to provide for the acquisition of works of art
equivalent in value to not less than. one and one-half (1 'h) percent of the construction costs, but must
also spend those funds at the facility or location that generates those funds. This requirement differs
from the City's program in that the City Code allows all or a portion of the required appropriation in the
AIPP fund to be used at another site, subject to other funding restrictions.. As such, the AIPP-required
public art funded in the South Pointe Park project budget must be located in South Pointe Park.
AIPP COMMITTEE
The AIPP Committee is composed of seven (7) members appointed by a majority of the City
Commission. Per authorizing ordinance, the members "shall possess a high degree of competence in the
evaluation of art and architectural history, art, architecture, sculpture, painting, structure design and other
appropriate art media for display or integration in pubic places." Attached (Exhibit 1), please find brief
profiles on each of the current committee members.
AIPP ART SELECTION. PROCESS
Attached', please find a copy of the sections of City Code pertaining. to the AIPP program; committee
(powers and duties); funding mechanism; and procedures for selection. of artists and works of art.
ART IN PUBLIC PLACES COLLECTION
There are currently 63 works of art in the City's public art collection many of which were acquired prior to
formal establishment of the AIPP Program (48 are located at City Hall and are generally two dimensional
works of art, and 15 are located throughout the City as three dimensional public installations).
Additionally, two works are scheduled to be installed this year at Collins Park and at Washington Avenue
and Third Street. Exhibit 2 provides the following information on each artwork: Location of Artwork; Title;
Artist Name; Date Commissioned; Type; Medium; Funding. Source; Cost; Appraised value; and Current
Status of Work. Included in the list are four projects that are in development.
Exhibit 2 also includes two projects commissioned as part of the Lincoln Road redesign: the kiosk
designed by architect Carlos Zapata, entitled "Wings," and the fountain designed by the artist Carlos
Alves, untitled. Although Exhibit 2 represents a .majority of the works owned by the City, it does not
represent a complete list as Tourism and Cultural Development is still completing an inventory of other
two dimensional works of art located other city facilities outside of City Hall.
C: Hilda Fernandez, Assistant City Manager
Max Sklar, Tourism and Cultural Development Director
JMG/HMF/MAS H:\Tourismand Cultural Development\Entertainment Film SpeciaF Events\AiPP\AiPP LTC 10 4 10.doc
An
EXHIBIT 1
AIPP COMMITTEE MEMBERSHIPS
Jeremy T. Chestler,.Chairperson: Jeremy is a Miami Beach native and has been the Executive Director
of ArtCenter/South Florida since 2005. Jeremy has worked as the Visitor Services Manager at the
Wolfsonian -Florida International University, and as Managing Director of Public and Membership
.Programs for North Miami's Museum of Contemporary Art before coming to the ArtCenter/ South Florida
in 2004. Chestier sits on the Boards of several local non-profits, and serves as a panelist for the State of
Florida's Challenge Grant and Miami-Dade County's Department.of Cultural Affairs International Cultural
Exchange programs.
Rhonda Mitrani, Vice-Chair: A pioneer in the Wynwood Art District, Mitrani co-founded 2628 Studios, a
home for various galleries and artists.. She is also a founding member of the Wynwood Art District.
Rhonda also served as director for The Florida Room Documentary Film Festival held annually on
Espanola Way. As an artist, Rhonda has participated in shows, including the South Florida Art Center
and The Marina Kessler Gallery. As a filmmaker, Rhonda has directed films such as "Cuba Mia"-for PBS
and edited films for theatrical release and television, including Showtime and ABC. Rhonda currently
is curating the film and video program for the Miami Light Project.
Mariangela Capuzzo: Ms. Capuzzo has been involved in numerous facets of Miami's arts community
since the 1980's. Capuzzo has promoted artists internationally and has organized and curated numerous
exhibitions, most recently, "Teenage Clicks" a traveling exhibition for MTV on youth culture. Her
experience includes Christie's Auction House, Special Clients Liaison; Palm Beach, Contemporary Art
Fair, Executive Director; Balelatina Art Fair, Artistic Director of the inaugural edition in Basel, .Switzerland;
and currently an art consultant with International Corporate Art, advising and commissioning artwork for
multi-national corporations.
Flavia Lowenstein: Ms. Lowenstein is a .private collector and has 16 years experience in the Art
Business. She is the Associate Director for Diana Lowenstein Fine Arts Gallery since 2004, participating
in numerous renown international art fairs. Lowenstein is a member of the Junior Host Committee for Art
Basel Miami Beach as well as FIU School of Arts Charity program. She is VP of Interior Design and Art
consultant for Lionstone Development having curated the private collections. in the Ritz, Carlton South
Beach Hotel and Epic Hotel /Residences. The Lowenstein family's entrepreneurial legacy dates back to
the ~ 1960s when it began acquiring .significant hotel and commercial properties in Miami Beach
contributing to complete restoration. of the. Di Lido a 1953 Morris Lapidus-designed landmark hotel in the
city's historic Art Deco district.
Lisette Olemberg-Goldstein: A native of Miami Beach. As a shoe designer, Lisette travels the world
gathering style trends. Prior to designing shoes, Lisette worked as a licensed attorney in Miami. This
combination gives Lisette the ability to identify, cutting edge style and the sensibility to translate it into
popular fashion. While an undergraduate student at Boston University, Lisette studied art history and was
a four guide at the Boston Museum of Fine Arts. Lisette is an art collector and is actively involved in
numerous philanthropic organizations.
Elizabeth Resnick: Ms. Resnick has long time family roots in Miami Beach. As chair of the Beautification
Committee for six years (2001-2007), Resnick was instrumental in working with the Parks and Recreation
Department and the City Manager in creating and selecting all the Holiday Lighting Displays we currently
enjoy around Miami Beach. Resnick studied Art History extensively at Emory University and sits on
boards of several local non-profit organizations in Miami Beach.
James Weingarten: A 19 year .resident of Miami Beach, Mr. Weingarten has a B.A. in art history from
'New York University. He was an assistant to the late Betty Parsons at her New York Gallery, where he
assisted with the acquisitions of contemporary for art for major collectors, including Mr. Joseph H
,Hirshhorn, of Washington D.C.'s Hirshhorn Gallery & Sculpture Garden. Weingarten has also written
reviews for the highly respected art publication, Art Forum.
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Page 1 bf 2
Miami Beach, Florida, Code of Ordinances » Subpart A -GENERAL ORDINANCES » Chapter 82
-PUBLIC PROPERTY » ARTICLE VII. -ART IN PUBLIC PLACES » DIVISION 1. -GENERALLY »
DIVISION L -GENERALLY
Sec. 82=536. -Intent of article.
Sec. 82-537. -Definitions.
Secs. 82-538-82-560. -Reserved.
S Sec. 82-536. -Intent of,article.
It is the intent of this article to ehhance the aesthetic environment of the city by including works of art on
public property within the city and in city construction projects. The Bass Museum of Art shall be exempt from
the provisions of this article.
(Ora'. No. 95-2985, § 2(4A-1), 4-5-95; Ord. No. 2004-3448, § 1, 6-9-04)
Sec. 82-537. -Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Art in public places means works of art of exceptional quality executed on an appropriate scale and for
general .public access in public places other than museums, which enrich and give diversion to the public
environment.
Art in public places committee means the advisory committee appointed by the city commission to carry
out the duties and functions set forth in this article.
City construction project means any construction contract to which the city is a party for the new
construction of; renovations requiring compliance with Chapter 34 Section 3401.8 of the Florida Building Code
50 percent rule or, renovation having a value equal to or greater than $500,000.00, or addition to any city-
owned building, facility, or other city-owned property, including but not limited to, parks, pools, recreation trails
and golf courses.. The definition of city construction project shall also be deemed to include construction
projects that are developed by persons or entities other than the city, but which require the participation of the
city as aparty to a development agreement or ground lease.
Construction cost means "hard costs" associated with construction of a city construction project. Land
acquisition costs, architect and engineering fees, environmental ~emediation costs, and costs associated with
subsequent changes in construction contracts, except as provided in the proceeding sentence, are not
included. An adjustment will be made to an original art in public places appropriation only for construction costs
associated with city requested changes in scope requiring additional appropriations in excess of $200,000.00 in
the aggregate.
Professional advisory committee means a group of arts professionals selected by the arts in public
places committee and confirmed by the city commission to recommend works of art or artists for one or more
acquisitions. The committees may also contain up to two members of the design review board or historic
preservation .board,. to be determined and selected by such boards, depending upon the location of the project
for which the art is intended, and which board would have jurisdiction over the project.
Works of art means the application of skill and taste to .production of tangible objects according to
aesthetic principles; including but not limited to paintings, sculptures, engravings, carvings, frescos, mobiles,
murals, collages, mosaics, statues, bas-reliefs, tapestries, photographs and drawings, or combinations thereof,
and. artist-designed public facilities, buildings, and/or spaces and functional elements, either as integral parts of
a largerproject or as a separate entity.
The provisions of this article shall not apply to the new construction of, renovations, or additions to the following
city construction projects:
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a, Water and sewer related facilitie_ s, such as pump stations, water mains, water lines, sewer lines,
treatment facilities, etc.
b. Storm drainage infrastructure.
c. Road construction or bridges.
d. Streetscape beautification projects, which include but are not limited to, one or all, of the following
elements: resurfacing, new curbs, gutters, pavers, sidewalks, landscaping, lighting, bus shelters,
bus benches, street furniture and signage.
e. City construction projects undertaken to replace, reconstruct, or repair an existing public building
or facility damaged or destroyed by a sudden unexpected turn of events, such as an act of God,
riot, fire, flood, accident, or other urgent circumstance.
f. The construction, remodeling, repair or improvement to a public electric or gas utility system.
g. Where the city construction project is undertaken as a repair or maintenance of an existing public -
facility.
(Ord. No. 95-2985, § 2(4A-2), 4-5-95; Ord. No. 2001-3333, § 1, 11-28-01; Ord. No. 2004-3448, § 1, 6-9-04)
Cross reference-Definitions generally, § 1-2.
Secs. 82-538-82-560. -Reserved.
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Miami Beach, Florida, Code of Ordinances » Subpart A -GENERAL ORDINANCES » Chapter 82
-PUBLIC PROPERTY » ARTICLE VII. -ART IN PUBLIC PLACES » DIVISION 2. -ART IN PUBLIC
.PLACES COMMITTEE »
DIVISION 2. -ART IN PUBLIGPLACES COMMITTEE'-`
Cross reference-Boards, committees, commissions, § 2-61 et seq.
Sec. 82-561. -Established.
Sec. 82-562. -Powers and duties.
Sec. 82-563. -Legal counsel.
Sec. 82=564. -Committee solely liable for obligations
Secs. 82-565-82-585. -Reserved.
Sec. 82-561. -Established.
(a) An art in public places committee is hereby established to carry out the powers and duties set forth in
section 82-562. The committee shall be composed of seven members appointed by a majority vote of
the entire city commission. The members shall possess.a high degree of competence in the evaluation
of art history, architectural history, art, architecture, sculpture, painting, artistic structural design and
other appropriate media for display or integration of art in public places.
(b) The term of office for committee members shall be two years. Vacancies occurring before the expiration
of a term shall be filled by the mayor for the remainder of that term.
(Ord. No. 95-2985, § 2(4A-6), 4-5-95; Ord. No. 96-3032, § 1(4A-6), 1-24-96; Ord. No. 2004-3448, § 1, 6-9-04) _ z ~~ ~~. _..
_~. ...._. ~ _ _. - ..__..+..___-.v~~ _ - ~ -
Sec. 82-562. -Powers and duties.
The art in public places committee shall have the following powers and duties:
(~) To recommend to the city commission whether a particular proposed city construction project is
an appropriate site for works of art and' whether all or a part of the appropriation required by
section 82-587 should be utilized at the. site or, reduced or waived. in its entirety or, placed,
whether in its. entirety or a portion thereof, in the art in public places fund for other acceptable
uses.
(2) To recommend to the city commission the selection of existing works of art or to determine
whether to recommend the selection of new works of art, and screen submissions therefore, for
the fulfillment of the requirements of this article.
(3) To conduct contests and competitions in order to select works of art to be recommerided for a
.particular site.
(4) To recommend a professional advisory committee to advise the committee and city commission
regarding selection of particular works of art for a city construction project.
(5) To recommend to the city commission the maintenance and insurance necessary to preserve and
protect works of art.
. (6) To make a recommendation fo the city commission regarding proposed projects that include
works of art and to participate in the planning of such projects.
(7) To recommend legislation concerning public works of art in the city.
(8) To make recommendations to the city commission regarding the placement of proposed
donations of works of art for placement on public property in the city.
(9) To perform all other duties and functions as requested by the city commission.
(Ord. No. 95-2985, § 2(4A-7), 4-5-95; Ord. No. 99-3162, § 1, 1-8-99; Ord. No. 2004-3448, § 1, 6-9-04)
~~__ __ _--: ~_.__ .~_ -. __._V_ -- - -...-__~ a~ ~ ~~ -
Sec. 82-563. -Legal counsel.
The city attorney's office shall provide legal services to the art in public places committee as may be
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necessary or as requested by the art in public places committee.
(Ord. No. 95-2985, § 2(4A-8), 4-5-95) _.~ -' ~ ---- -- -- - --- __
Sec. 82-564. -Committee solely liable for obligations.
Unless and until the city commission approves by passage of an appropriate resolution or ordinance the
acquisition of a work of art for this program; the cost of such acquisition and all costs associated with such
acquisition shall not be an obligation, liability or debt of any kind or nature of the city. Exclusive of the costs
approved by the city commission as set forth in this. article for the acquisition of a work of art, no obligation,
liability or debt of any kind or nature whatsoever incurred or asserted against the art in public places committee
shall in any manner whatsoever be an obligation or liability of the city.
(Ord. No. 95-2985, § 2(4A-9), 4-5-95)
Secs. 82-565-82-585. -Reserved.
J
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Miami Beach, Florida, Code of Ordinances » Subpart A -GENERAL ORDINANCES » Chapter 82
-PUBLIC PROPERTY» ARTICLE VII. -ART IN PUBLIC~PLACES» DIVISION 3. - FUND»
DIVISION 3. -FUND
Sec. 82-586. -Art in public places fund established
Sec. 82-587. -Appropriations by the city to the fund
Sec. 82-588 -Permitted use of fund monies
Secs. 82-589-82-610. -Reserved.
Sec. 82-586. - Art in public places fund established.
The city art in public places fund shall be established, to consist of the following:
(1) Monies appropriated to the fund by the city commission in accordance with section 82-587:
(2) Monies donated to the fund by private individuals and organizations.
(3) Monies received by the city from award of federal or state grants for the acquisition or
maintenance of works of art on public property or at public facilities in the city. Grant monies
received by or on behalf of the Bass Museum of Art shall be exempt from placement in the art in
public places fund.
(Ord. No. 95-2985, § 2(4A-3), 4-5-95; Ord. No. 2004-3448, § 1, 6-9-04)
Sec. 82-587. -Appropriations by the city to the fund.
(a) All appropriations of city funding for city construction projects shall include an appropriation of funds
to the art in public places fund. The amount appropriated to the art in public places fund shall not. be less than 1
1/2 percent of the construction cost of the city construction project. The appropriation to the fund shall be made
at the time of the award of the construction contract for said city construction project. For city requested
changes in scope requiring additional appropriations in excess of $200,000.00 in the aggregate, at the time of
appropriation of monies for the subject changes in scope, the applicable art in public places funding allocation
shall.be transferred to the art in ptablic places fund.
(b) For city construction projects that are developed by persons and entities other than the city, but that
are developed. pursuant to a development agreement entered into with the city, or which involve the
participation of the city as a ground lessor, the required appropriation shall be made at the same time as the
appropriation of furiding for the construction project and be based upon the construction cost, regardless of
whether the construction cost is funded by the city or the person or entity other than the city. This subsection
shall not apply to projects by not-for-profit persons or entities recognized under Section 501(C)(3) of the
Internal Revenue Code of 1986,. as amended, whose total construction budgets are less than $8,000,000:00.
(c) In considering the required appropriation for a particular city construction project, the city commission
may, by resolution:
~, Waive the required appropriation, finding such waiver to be in the best interest of the city;
2. Reduce the required appropriation amount; or
3. Find that the particular city construction project is not an appropriate site for works of art, and
place all or a portion of the required appropriation in the art in public places fund for use at
another site.
(d) The city commission shall also consider whether the funding source for a particular city construction
project is restricted by public bond covenants; federal, state or local laws; and/or legal parameters which would
require that the appropriation be utilized on the particular city construction project site.
(e) Prior to making a final determination as to the required appropriation for a city construction project,
the city commission shall consider the recommendation of the art in public places committee.
(Ord. No. 95-2985, § 2(4A-4), 4-5-95; Ord. No. 2001-3309, § 1, 6-6-01; Ord. No. 2004-3448, § 1, 6-9-04)
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Sec. 82-588. -Permitted use of fund monies.
Monies placed in the art in public places fund shall only be used for the following purposes:
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(~) Acquisition of works of art to be located on city construction projects or on public property in the
city or located in public buildings or in public facilities within the city in accordance with the
procedures in sections 82-611 and 82-612.
(2) Insurance and/or maintenance of existing works of art acquired by the city under this article in
accordance with a yearly budget for such insurance and/or maintenance to be approved by the
city commission. The city manager and art in public places committee shall provide the city
commission with a yearly recommendation regarding this. budget.
(3) Expenses relating,to the following:
a. Research and evaluation by the committee pertaining to proposed works of art, including
opinions when necessary from outside experts and/or professional advisory committees;
b. Expenses related to art contests sponsored by the committee in conriection with
acquisitions of works of art, including related printing and distribution expenses;
c. Administrative expenses relating to the operations of the committee, including but not
limited to salaries; supplies and equipment for the keeping of minutes and printing and
distribution of board agendas and correspondence;
d. Selected artist travel expenses, at the rates used citywide and approved in advance by the
city manager.
All such expenses shall be approved as part of the yearly budget for the fund by the city commission
after considering the recommended budget submitted by the city manager and the committee. The
amount budgeted for administration, maintenance, insurance, and preservation of works of art acquired
by the city pursuant to this article as part of the total appropriations for art in public places shall not be
more than 25 percent of monies placed in, the art in public places fund.
(Ord. No. 95-2985, § 2(4A-5), 4-5-95; Ord. No. 2004-3448, § 1, 6-9-04) ~. - ----- _ . __ _ ._..____._ _ _ __
Secs. 82-589-82-610. -Reserved.
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Miami Beach, Florida, Code of Ordinances » Subpart A -GENERAL ORDINANCES » Chapter 82
-PUBLIC PROPERTY » ARTICLE VII. -ART IN PUBLIC PLACES » DIVISION 4. -PROCEDURES
DIVISION 4. -PROCEDURES
Sec. 82-611. -Procedures for selection.
Sec. 82-612. -Selection of artists and works of art.
Sec. 82-611. -Procedures for selection.
(a) The art in public places committee shall evaluate each proposed city construction project to determine its
suitability as a site for works of art. In making its determination, the following factors will be considered: ;
(1) Appropriateriess of the city construction project as a site for works of art.
(2) Physical layout of the city construction project.
(3) Visibility and accessibility to the public.
(b) Additionally, the committee shall establish a list of existing city-owned sites it considers appropriate sites
for works of art. The criteria in subsection'(a) of this section shall be used in evaluating potential sites.
(c) The acquisition, removal, and/or relocation of works of art, shall_be in accordance with the criteria set
forth in this section and the art in public places master plan; as approved by resolution of the city
commission.
(Ord. No. 95-2985, § 2(4A-10), 4-5-95; Ord: No. 2004-3448, § 1, 6-9-04) "- ----~-- ____ ___ ___ ~_T
Sec. 82-612. -Selection of artists and works of art.
(a) When the art in public places committee recommends a particular city construction project or existing
site as being appropriate for art in public places, the committee shall also recommend to the city
commission one of the following means of obtaining the works of art:
(1) Open entry competition. Through appropriate advertisement alt artists are invited to enter into
competition for a commission to create a work of art for the site. The amount to be paid for the
works of art shall be determined by the city commission after considering the committee's
recommendation. Artists may be asked to submit slides of their past work, resumes, letters of
intent related to the specific project or specific proposals for the project under review.
(2) Limited entry competition. A limited number of artists are invited to compete as set forth in
subsection (a)(1) of this section.
(3) Direct selection of the artist. An artist or several artists may be selected to develop a proposal for
the project or produce the desired works of art.
(4) Direct purchase of existing works of art. A completed work of art is purchased. No more than ten
percent of the costs of the work of art may go to a dealer or agent.
(b) !n the case of a limited competition or a direct selection, an artist may be asked to develop a proposal for
a specific project. If asked to develop a proposal, an. artist may be ,paid a proposal fee on the basis of an
approved fee schedule. This schedule shall be determined by the committee after consultatiori and
approval by the city manager and shall consist of a.sliding schedule based upon the total project
commission. However, in general no more than five percent of the total art in public places allocation for
a project should be paid in proposal fees to artists.
(c) The committee may recommend the appointment of a professional advisory committee to assist with
,selection of works of art or artists for a particular project. Selection of a professional advisory committee .
shall be by the art in public places committee and confirmed by the city commission. Reasonable
,expenses incurred by the professional advisory committee may be reimbursed from the fund in
accordance.with rates approved in advance by the art in public places committee and the city manager.
(d) The art in public places committee shalt consider the recommendations of the professional advisory
committee in selecting works of art for particular city construction projects or existing sites.
(e) Construction of selected works of art. Where the selected work of art requires construction management,
construction shall be managed by the city manager's designee.
(f) Selection of artists, sculptors, craftsmen, and professional advisory committee's review of designs and
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choice and acceptance of works of art shall be by the art in public places committee and must have
approval of the city commission. All agreements made pursuant to this article shall be authorized by the
city commission.
(g) In selecting/approving works of art, the art in public places committee and/or professional advisory
committee and city commission shall consider the following criteria:
~(1) Appropriateness to the city construction project or existing site.
(2) Maintenance requirements.
(3) Quality of the work.
(4) Likeliness that the artist can complete the work within available funding.
(5) Reflection of enduring artistic concepts, rather than transitory ones.
(6) History of the artist in terms of completion of works on time.
(h) In obtaining the advice of the design review board, or historic preservation board, whichever has
jurisdiction over the matter based on the location of the proposed project, according to such board's
normal application and review procedures, the staff of the art in public places committee shall present the
proposal to such boards twice; first, conceptually and prior to the selection of an artist or work, and
second, prior to submittal of a-final recommendation by the art in public places committee to the city
commission. At the time of the board's first review, the boards may impose binding criteria, subject to
later reconsideration, on the following matters: location, size, footprint, massing, and relationship to
context, including the establishment of a range of acceptable materials.
(Ord. No. 95-2985, § 2(4A-11), 4-5-95; Ord. No. 2001-3333, § 2, 11-28-01; Ord. No. 2004-3448, § 1, 6-9-04)
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