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Developing Public Art Programs Public Ar't Prac'tices A Reference Guide for Developing Public Art Programs and Projects Traditionally, public art has been exactly that--art in public places. A heroic soldier in the park, a bronze eagle in the bank, or a decorative relief on the façade of city hall. While traditional works like these represent the foundation of public art, contemporary public art has grown to encompass a wide range of innovative concepts, projects and programs. Historically, one might use the Statue of Liberty is a good example of "new" art born from traditional ideals. A gift to the United States in 1885, it took over 20 years for F. A. BartllOldi to develop, design and create the world famous statue. Although his heroic image of liberty was based on .figurative sculptures of the past, its representation offreedom as a woman was unusual in the United States and became cause for debate. People were afraid she'd look tired or old and be less than heroic. Rumors, misperceptions and concerns over its "contemporary" nature created intense controversy in the 1880s and the sculpture was nearly rejected. Now, almost 120 years later, it is one of the most recognizable examples of public art in the world. Today, public art includes "traditional" monuments and decorations along with a broad spectrum of unique projects and programs. In many cases, artists are included early in the design process or as part of the design team, and community leaders work to include and educate the public throughout the development of projects. With these and other new strategies, more often than not, public art becomes a source ~f pride and enjoyment for visitors and residents of the cities and communities it inhabits. At the start of the new millennium we've learned that a comprehensive public process is ~ften the key to successful public art projects. Some works, like the Statue of Liberty, have world-wide impact while others may identify a city or simply brighten a neighborhood. There are many examples of successfid permanent and temporary public art projects throughout the nation: The "Chicago Picasso" in Chicago's Civic Center Plaza; unique benches and bus shelters adorning parks and sidewalks across the country; photographs, films and television programs projected on the side of buildings by artists for viewers gathered in the street; artists, architects and designers collaborating to transform land fills into scenic parks; street musicians and performers entertaining lunch time crowds; a garden designed by an artist and a scientist that will help remove toxins from soil; busses painted by local citizens to celebrate and add vibrancy to city life; a quilt with sections made by people from around the world that travels the country to raise awareness about AIDs; The "Gateway Arch" on the shore of the Mississippi River... St. Louis Regional Arts Commission 3540 Washington Ave., St. Louis, MO 314-652-5511 This publication is available for downloading at: www.art-stl.com A RegionalArtl CommioFrion St. LoW. Statue of Liberty "Back in America, fund raising for the pedestal was going particularly slowly, so Joseph Pulitzer opened up the editorial pages of his newspaper, "The World" to support the fund raising effort. Pulitzer used his newspaper to criticize both the rich who had failed to finance the pedestal construction and the middle class who were content to rely upon the wealthy to provide the funds. Pulitzer's campaign of harsh criticism was successfiù in motivating the people of America to donate." -The National Park Service, Statue of Liberty and Ellis rsland Gateway Arch - Jefferson National Expansion Memorial CONTENTS PUBLIC ART PROGRAMS PERCENT-FOR-ART PROGRAMS..................................................................................l -Mandated Percent-for-Art Programs -Voluntary Percent-for-Art Programs - Partnerships and Collaborative Public Art Strategies ARTS IN TRANSIT/CIVIC DESIGN PROGRAMS..........................................................2 -Artist/Architect/Engineer Design Teams PUBLIC ART LOAN PROGRAMS...................................................................................2 -Long Term Loans -Short Term Loans -General responsibilities of each party and estimated costs for loans -Collections COMMUNITY PROGRAMS, PARTNERSHIPS, COLLABORATIONS........................3 -Education CollaborationslPartnerships -Community Projects THE SELECTION PROCESS PUBLIC ART COMPETITIONS.......................................................................................4 -Request for Proposal (RFP) -Invitational PROJECTS CONTEMPORARY PUBLIC ART PROJECTS IN THE UNITED STATES..................4 -3-D Chicago / Pier Walk -Denver International Airport / Terry Allen -Buster Simpson, Host Analog -Agnes Denes, Wheatfield - A Confrontation -Maya Un, The National Vietnam Veterans Memorial -The AIDS Memorial Quilt FREQUENTLY ASKED QUESTIONS...............................................................................6 ELEVEN STEP PUBLIC ART PLANNING MANUAL ....................................................8 RESOURCES.....................................................................................................................12 ARTICLE: "Legal Issues Surrounding Public Art Contracts"........................................13 PUBLIC ART PROGRAMS PERCENT-FOR-ART PROGRAMS Percent-for-art programs encourage or mandate that a percentage of the construction budget for public buildings and sites be used for public art. There are over 225 cïtylcounty and state percent-1or-art programs in the US. Historically, projects developed through this process have included sculpture, fountains, photographs, paintings, murals, bas-relief, floor designs (terrazzo, tile, etc.), specialized lighting, and text (poetry, quotes, etc.). More recently, projects have included landscape design, sound, video, and interactive computer and video kiosks. Many projects are integrated with structural or design aspects of a building or site, and might include handrails, window designs, light fIxtures, landscape designs, railings, columns, etc. They might also be incorporated in daily operations-musical sounds added to announcements in recorded airport instructions, unique benches, or creative signs that help guide visitors. Mandated Percent-for-Art Programs - The typical percent-for-art ordinance stipulates that a percentage (typically I to 3 %) of the cost of constructing or renovating a public building or site (or a capital improvement project) shall be set aside for artwork. This allows one or several artists to create artwork in the building and/or on the site. In many cases, artists work as part of a design team with architects and engineers. This minimizes costs by integrating the design work with the construction process. (In many cases, an artist designed railing, light fIxture, or floor design is no more expensive to fabricate than "stock" products.) Historically, public art projects that include community participation and support are the most successful. In most cases, these programs are administrated through city government with a selection committee and a thorough selection process. Education programs often evolve ftom these projects which increase community awareness, participation, and support. General Cost Range per project: $5,000 - $1,000,000 Voluntary Percent-for-Art Programs - These programs are privately sponsored by corporations, owners and/or architects with the recognition that art and design projects greatly enhance the environment of buildings and grounds. Enhancement of space and artwork increases attractiveness; thereby attracting tenants, increasing employee morale, and encouraging a greater sense of community. It also increases corporate visibility, and improves owner image. rn some cases, there is an investment factor --works of established artists will appreciate over time. For many voluntary art programs and projects, a private art advisor/consultant is contracted to coordinate the process including: project/program design, budget, selection of the artist/s, artist contracts, insurance, documentation, committee and community involvement, public relations, and installation of art work. General Cost Range per project: $1,000 - $250,000 Partnerships and Collaborative Public Art Strategies - The programs listed above represent the fundamental processes behind public art programming. To enhance these programs, many public art projects benefIt ftom partnerships, collaborations and/or collaborative funding strategies. For instance, a transit program or mandated percent-for-art program might seek a grant ftom a local arts commission or private foundation to pay for the cost of printing a request for art work; public or private land might be donated as a site for public art; private donations might be collected to fund the maintenance/preservation of artwork; in-kind donations of equipment rental ftom private construction companies might be used for the installation of art work... I ARTS IN TRANSIT/CIVIC DESIGN PROGRAMS These are programs developed specifically for transportation projects. Generally, they are funded through percent for art ordinances and/or individual project grants. Public art in this category includes a range of projects trom bench designs and mural projects to bridge and railway station designs. Artists may be asked to create a specific work-benches, wall tiles, murals, railings, window designs, objects at rail stations, etc.-{)r work as part of a design team with architects and engineers to integrate artwork into the facility---;::olwnns, lighting, structural components, brick designs, sidewalk designs, etc. This adds a new perspective to the design process and allows for a wider range of design solutions. General Cost Range: $5000 - $500,000 Artist/Architect/Engineer Design Teams Collaborative design teams are often part of a percent-for-art, transit program or private projects. Artists work with architects, designers and engineers throughout a project to develop aesthetic and creative design solutions. Though this process, the team affects the aesthetics and design differently than an individual architect might. Locally, these team/collaboration projects have been successful in the development of the St. Louis area Metrolink stations. General Cost Range: $5000 - $500,000 PUBLIC ART LOAN PROGRAMS Art loan programs give the borrower (such as building owners, business associations, neighborhood associations, cities, etc.) the opportunity to temporarily display work on an on-going basis. In community settings this is an opportunity to educate people about public art and how it can enhance their surroundings, foster dialogue and encourage a greater sense of community. It is also an opportunity for local and regional artists to show their work. Chicago's Pier Walk exemplifies this. In 1995, three sculptures were displayed on Chicago's famous pier, on loan rrom individual artists. Because of its popularity, just three years later, during the annual event, 175 sculptures were displayed for six months and seen by over a million peopte. Long-Term Loans include a loan agreement with artists, art musewns, private collectors, galleries or art organizations to borrow works of art (generally sculpture) for a period of a year to an indefinite amount of time. Short-Term Loans include a loan agreement with art museums, art organizations, galleries or individual artists to place art in a variety of places for periods from I month to a year or more. This offers an opportunity to showcase local artists, and can be combined with festivals and events to gain more attention and add a unique sense of fun and collaboration to a site. General responsibilities of each party and estimated costs for loans: A loan agreement will be required by the lender which will specifY the period of the loan, maintenance/vandalism responsibilities, insurance requirements, round-trip shipping, and any other specifications and responsibilities required by either party. Below is a list of common responsibilities for the lender and borrower. A variety of circumstances can arise for borrowing and loaning art, other agreements can be negotiated between parties. Lender Responsibilities: · Shipping? · Work should be shipped in the best condition · Provide current maintenance records · Specifications for maintenance/conservation · To voice concerns to the borrower 2 Borrower Responsibilities: · Shipping, shipping insurance (Generally not the reslxmsibility of the lender.) · Site preparation · Concrete pad as base (for sculpture) · Equipment for moving and installing work ./ Crane ./ Truck/trailer ./ Labor · Maintenance and or Conservation during the loan period ./ Insurance ./ Special considerations ./ Sod replacement/sidewalk repairs ./ Special fabrication for mountingiHardware Cost Range: Costs Val)' according to the size of the work, its location, and the complexity of installation. A large metal sculpture (horse and rider scale), shipped trom a location 200 miles away and installed on a concrete pad, might cost between $500-$5,000 for shipping and $500-$5,000 for installation. Personal Art Collections - Sometimes art collectors seek unique venues to display work trom their collection or, upon their death, will their collection to interested parties. In these situations, a long or short- tenn loan can be arranged or the work can be accessioned by a town or city agency. COMMUNITY PROGRAMS. PARTNERSHIPS. COLLABORATIONS Community and education programs are gaining attention for their impact and long-tenn educational value. Partnerships between individual citizens, arts organizations, communities, schools, and businesses are producing innovative solutions to many social challenges. Education CollaborationslPartnerships - Arts organizations, museums, schools, and/or artists can be selected to develop independent or collaborative education programs which include public art projects. These projects are generally scheduled to occur during the academic year and include a public celebration after the installation of the work. With the involvement of students and residents, these projects are generally well received by the community and sometimes become annual events. Examples include school murals, community gardens, sidewalk designs, painted dumpsters, etc. Grants, private donations, schools, and collaborative organizations support these programs. Basic costs include payment for the artist/s, materials, equipment, printing (announcements or flyers), and food & drink for a reception. Many public artists seek opportunities to work with students, community groups, and neighborhoods to develop projects. Several of the famous Los Angeles murals were created collaboratively by the artist Judy Baca along with young people trom surrounding neighborhoods. Cost Range: $500 - $250,000 Community Projects Communities interested in neighborllood improvement can sponsor community-based public art programs. Working with local artists, architects and landscape designers, they can develop enhancement projects or include programs for new construction. They can also develop partnership programs working with local businesses, churches, organizations, schools and/or area youth to promote temporal)' and pennanent enhancement projects. 3 THE SELECTION PROCESS PUBLIC ART COMPETITIONS (see page 8 for a public art project planning outline) Once a decision is made to add artwork to a building or site, consideration of the appropriate media (sculpture, landscape design, painting, etc.) should be developed along with criteria (environmental, structural, aesthetic, etc.) for the work. This might be very specific or left open for the artist to develop ideas. Once this phase is completed, the process for selecting an artist begins. There are two primary ways to select artists: Request for Proposal (RFP) or Request for Qualifications (RFQ) - When a new project has been defined and the criteria set, requests for proposals are sent to artists regionally, nationally or globally or some combination of the three. These requests specifY the infonnation and fonnat the artist must follow to submit his or her proposal. Generally, background infonnation (reswne, slides of earlier work, newspaper articles, etc.) is requested along with sketches and a written description of the project. Cost Range for selecting artists: $500 - $50,000 In addition to artist's fees, material costs, construction and installation costs, and housing when applicable, there are also expenses related to the selection process. Selection committee members are sometimes paid an honorariwn for their time. If artists are selected nationally there may be airfare and hotel costs, and finalists (3 to 5) receive an honorariwn for final proposals - generally $500 to $2000. Invitational- The RFP process (above) is time consuming. In some cases, rather than reviewing a large nwnber of proposals, a smaller nwnber of artists can be invited to submit proposals. These artists can be located through a variety of means including review of current public works, contacting local arts organizations, speaking with local arts professionals and/or contacting national organizations. Although this is the same basic selection process as the RFP, it reduces the office work and time needed to interview a large number of artists. Cost Range for selecting artists: $1,000 - $ 75,000 Invitational projects often include artists with established careers, which usually means they come at a higher expense. Cost also reflects miscellaneous expenses like daily stipends for visiting finalists. hotel costs, airfare, etc. PROJECTS CONTEMPORARY PUBLIC ART PROJECTS Public art has evolved trom its decorative and monwnental roots to include contemporary projects ranging trom gumball machines that dispense works of children's art to scientific land reclamation projects and transit design. Some unique public art projects include: . 3-D Chicago-The Pier Walk series has become an annual event of an "open air" display of sculpture on and around Navy Pier in Chicago. In 1998, 175 sculptors trom around the US exhibited their work. Sears, Roebuck and Co. sponsors the project, which draws thousands of visitors each year. http://www.pierwalk.com/ . Denver International Airport Project - a percent-for-art program was established specifically for the construction of the new Denver International Airport. With a budget of over $7.5 million, 40 artists and 80 committee members were involved in the development, selection and installation of artworks throughout the airport, in transit tunnels, and outside the airport. Terry AlIen, artist - His Notre Denver project includes hwnorous gargoyles sitting in suitcases mounted on the walls in the new Denver Intemational Airport. http://www.zreenmuseum.orf!/artist index.php?artist id=21 4 · Portland Convention Center / Buster Simpson, artist - In Host Analoe:, commissioned for the Portland, Oregon, Convention Center, Simpson is in the process of creating a forest of trees fTom an eighty foot long Douglas fir "nurse" log that was cut some thirty years ago and then not used as lwnber. The rotting log provides an excellent growth mediwn for sprouting seedlings. Simpson has planted seeds of Western red cedar, Douglas fir, and hernlock directly on the log. httv://www.llreenmuseum.orll/artist index.vhv?artist id~21; httv://www.bustersimvson.net/ · Battery Park LandnIl, New York City / Agnes Denes, artist - In a work called Wheatfield - A Con&ontation. Denes planted and harvested 1.8 acres of wheat on a landfill near the World Trade Center in New York City. The Wheatfield project was a stark visual contradiction: a beautiful golden field of wheat set among the cool steel skyscrapers of downtown Manhattan. The harvest yielded 1000 pounds of grain, which was fed to police horses. httv://www.batteryvarkcitv.orll/vublic.htm · Washington DC / Maya Lin, architect - Vietnam War Memorial At the age of 20 and still a student at Yale University, Lin won a national design competition for the Vietnam Veterans Memorial. Under a complicated and politically messy process, the famously simple but moving piece was erected and has become one of the most visited National Monwnents in Washington DC. httv;/ /www.vietvet.orll/thewall.htm · The AIDS Memorial Quilt - The largest on-going international community arts project in the world. Each of the over 41,000 colorful panels in the Quilt was made to remember the life of a person lost to AIDS. The quilt continues to grow and is supported by a web page with infonnation about aids and aids research. < httv://www.aidsQuilt.orlll> 5 FREQUENTLY ASKED QUESTIONS Why public art? Placing art in public places is as old as hwnankind From cave paintings and pyramids to monwnents and architectural design, art has always been a part of the public realm. In contemporary society, public art, and the community participation which often accompanies it, contributes to the identity of a city. In the same way that people work to decorate their homes, public art offers visual appeal, pride, a sense of celebration, fun, and often represents the health and wealth of the city it inhabits. Where does the money come from for a percent for art project? Recent public art ordinances allocate a percent (1 to 3%) of the budgets of eligible capital construction projects for public art. (In most cases this includes any publicly funded project over I million dollars.) The money is placed in a separate, interest-bearing public art and design trust fund. (The trust fund is also authorized to accept gifts, donations and grants or funds for public art and design purposes.) Interest accrues to the benefit of the public art and design program. This money is then allocated for administration, programming, fabrication, installation and maintenance/preservation of art work. Who should administrate public art programs? There are several models for public art administration. At the city/county level, public art commissions or cultural affairs councils--with the support of additional staff members--are created separately or within an existing government agency (Mayor's Office, Board of Public Service, for example) to oversee projects. In many cases, existing arts councils and commissions asswne the responsibility by adding one or two staff people. In addition to budgeting and general office administration, the responsibilities of these commissions generally cover the following: · Act as a team leader for city project managers, architects, professional design teams, community representatives and artists · Assist in detennining an appropriate artistic medium, as well as sile opportunities and limitations · Contract negotiations, budgeting, payment schedules and insurance requirements · Define the artist selection process eligibility and criteria · Support an artist mailing list and slide registry · Prepare bids and place announcements in appropriate publications; inform artists of opportunities · Develop selection process guidelines to ensure equal access for artists of all backgrounds · IdentifY qualified volunteers to serve on selection/advisory panels and oversee the panels · Develop maintenance guidelines and act in accordance with professional conservators to maintain collected work Examples: City of Columbia, Office of Cultural Affairs in Colwnbia, MO; Mayor's Commission on Art, Culture and Film in Denver; Kansas City Municipal Art Commission, Kansas City, MO, Seattle Arts Commission; The Cultural Arts Council of Houston/Harris County; The San Francisco Art Commission; The Pheonix Arts Commission; Broward County Cultural Affairs Division, Broward county, FL; City of Atlanta, Bureau of Cultural Affairs; Office of Arts and Culture, City of Philadelphia, Scottsdale Cultural Council, AZ; Virginia Beach Arts and Humanities Commission, VA; Las Vegas Arts Commission, NV; etc., and many state arts councils. How is an artwork selected? The public art program administrator keeps a list of potential committee members (if additional time is required, selection committee members are sometimes given an honorarium) who are asked to volunteer on selection committees. Committee members might include an artist, elected city official, school administrator, teacher, local newspaper staff, a leader ftom the religious community, business leader, bank official, students, community members, and an official ftom an anchor business in the community. The selection committee surveys the sitels and reviews the artist's proposals. Once finalists (3-5) are selected, 6 they are asked to create models of their proposal and make a formal presentation to the committee. The committee is responsible to evaluate the work for its esthetic quality, construction quality, appropriateness to the site, and engineeringilogistica1 criteria. After an artist is selected they are required to adhere to the criteria established for the project. Can a proposal/public art work be rejected? Yes. After the proposal has gone through the selection process there shouldn't be a need to reject the work. If however a problem arises, the artist is given the opportunity to modify the work or withdraw from the project. After installation, a work can be deaccessioned (removed from the collection) by the public arts commission after going through a deaccessioning process established by the public art commission. What is the economic impact of public art? Of funds allocated to a project, a percentage goes to: · Artist's feels, travel, per diem and hotel · Insurance (if applicable) · Suppliers, engineers (if applicable) construction and installation (materials, labor, contractor's fees, equipment rental, etc.) · Maintenance · (In many cases a percentage also goes to neighborhood and community projects) According to Washington State % for Art Research, for each Percent for Art project money expended: · 6-6.6% is returned in sales tax · 42-43% goes to direct purchase of materials · 9-10% is spent on overhead (studio, utilities, etc.) · 30-37% goes to pay salaries and wages of artists and subcontractors for fabrication/installation work How much does the artist make? Some people fear that the artist gets all the money budgeted and can do whatever they want with it. This isn't true. A professional artist is required to act much like an architect-develop a proposal, fulfill engineering criteria and specifications, and work with other artists and contractors to create and install the work. The artist receives a fee for their work as does the architect, suppliers and contractors. What's an RFP or RFQ? RFP is an acronym for Request for Proposal. RFQ is an acronym for Request for Qualifications - seeking information from artists for several projects or future projects when a specific proposal is not necessary. (See page 6, The Selection Process) 7 Call for Artists Resource Guide 8 from the University objected to this ruling because it affected their children. At this time, an anonymous donor gave money to construct a pool at the Community Center. The first paid director of the Negro Community Center, Lucille Caldwell, was hired in February 1951. Ms. Caldwell served for 12 years and was the first Negro professional recreation administrator in North Carolina. Since 1959 many additions and improvements of the facility have been made. The Hargraves Community Center is comprised of a main building which houses the administrative offices, meeting rooms, and a day care center. Three tennis courts, a gymnasium, an outdoor basketball court, playing fields, pool, and pool house are within close walking distance to the main building. In January 2002, the Town authorized a more than $1,000,000 renovation project for the Center. Additional Information If you have any questions or need any additional information, please call Karen Slotta at 919.968.2888 ex!. 377 or e-mail kslotta@townofchaoelhill.org. Public Art Network www.AmerlcansForTheArts.org Call for Artists Resource Guide 9 Sample Request for Proposals (RFP) Scottsdale Public Art Program Public Art for the City of Scottsdale Adult/Senior Center REQUEST FOR PROPOSALS Deadline February 14,2003 I. Eligibility Open to professional artists (or teams of related disciplines) residing in the USA II. Budget $82,000 all-inclusive III. Art Opportunity Overview The Scottsdale Public Art Program seeks an artistiartist team to develop and facilitate community workshops that engage the community and result in the permanent installation of public art for the planned AdultiSenior Center for the City of Scottsdale, Arizona. The workshops should be complete by October 30, 2003. The permanent art should be ready for installation October 1, 2004. Schedule is contingent upon the City's project schedule and may be changed at any time. The goal is for the workshops to create a meaningful process that engages Center patrons (and/or community members) either through hands-on involvement in the making of the permanent art or contribution to the ideas that shaped it. Artists have the option to develop workshops that provide one or both of the following options: 1. That involve Center patrons (and/or potentially community members) in informing the creative process, theme, and content 2. That allow the public to participate with the artist in some way, such as creating actual aspects of the permanent art. The art, to be installed permanently in the Center, should include two-dimensional art and/or include an audio component (oral history, sound art, storytelling, or other related genre) in a recorded format, also permanently installed. The visual and aural aspects of the workshops and permanent art should be developed and designed in concert with one another. Art "Theme" The theme for the art has not been pre-selected. The artists' proposal will include a "theme" that will be illuminated or articulated through the workshops and subsequent art. The goal of the public art project is to contribute meaningful content to patrons' personal connections and experience with the facility, which for many is their "second home." Potential directions for theme include, but are not limited to: vitality, aging, heritage, cultural expression, history, life Publit Art Network www.AmericansForTheArts.org Call for Artists Resource Guide 10 stories, cross-generational communication, humor, food, dance, gardening, handiwork, and other areas of interest to adult/senior populations. Installation The City's Architect/Engineer will make design provisions for the public art installation including structural, electrical, architectural details, and specifications. This is not a design team commission. Coordination and meetings with the project design team will be limited. Preliminary designs for the permanent art must be approved by the Publ ic Art and Collections Committee. The artist will be required to make two presentations about the preliminary designs/plans. The artist will be asked to submit anticipated installation needs and siting requirements for the permanent art prior to commencing workshops. The project architect and engineers will interpret the artist's specifications for art installation in their design process from Spring-Fall 2003. Depending on the installation needs, there may be some coordination during this time with the public art project manager, architect, and/or engineer. Scope As of the writing of this document, project scope and budget are being refined. The Scottsdale Public Art Program reserves the right to cancel or amend any or all of the scopes or budgets referenced in this document. I V. Background Design for the Adult/Senior Center is to commence Spring 2003. Completion of construction is scheduled tentatively for early 2005. The Adult/Senior Center will be located at the northwest corner of McDowell Road and Granite Reef Road. The new Adult/Senior Center will serve as a community, recreational and Human Service facility for the City of Scottsdale (current annual citizen contacts exceeds 250,000) and will include services such as recreation, social services, health/wellness services, and socialization opportunities. It will also concentrate primarily in serving the needs of active adults and seniors in the southern and midsection area of the City of Scottsdale. Patrons will range in age anywhere above 40 years old. The new facility will serve the dual ends of the age spectrum: the cerebral/aerobic and the frail/sedentary. The facility may also house offices for brokered agencies, a pol ice substation, and space for support groups. For many of its loyal patrons, the Adult/Senior Center will become their "second home." Vital services---<)verything to promote physicai, mental, emotional. and social health--will be found at the new center: foreign language, art, and computer classes; aerobics classes; assessment and counseling services; leisure specialty classes such as "note card making" and "writing your life story" classes: social events such as coffee and bagel hour and billiards tournament; lunch and home delivered meals; health fairs; and flu shots. This project may replace the services currently provided at the Civic Center Adult/Senior Center. Currently the City of Scottsdale offers Adult/Senior Services programs at the Civic Center Adult/Senior Center located at 7375 East 2" Street, and the Via Linda Senior Center located at 10440 East Via Linda. For more information about Scottsdale's existing senior centers visit the City of Scottsdale's website at www.ScottsdaleAZ.Gov/seniors. Public Art Network www.AmericansForTheArts.org Call for Artists Resource Guide 11 V, Scottsdale, Arizona Scottsdale is the major resort center of the Phoenix metropolitan area, Although not all of the local m¡¡jor resorts are located in the city, Scottsdale contains the core of specialty shopping, art galleries, recreational facilities, and many of the cultural and sporting events that attract and sustain the local tourism industry, Because of the lack of services in most areas adjacent to the city, Scottsdale's retai I centers, parks, employment centers, and I ibraries are heavi Iy used by residents outside of the city. The high quality of the visual environment in the city is an important component of maintaining the tourism industry and civic framework, In his 2000 study entitled Scottsdale City Image (a report to the City of Scottsdaie's Urban Design Studio). Todd Bressi reports "Scottsdale is a city whose visual character is especially important to its residents, and where the sense of landscape and openness in the city are valued." He suggests four specific values that would contribute to a strengthened identity of Scottsdale's civic framework and primary spaces of public experience: recognize the importance of the pedestrian scale of Scottsdale's civic framework; celebrate the places that make Scottsdale great; strengthen the design of the arterial grid; and reconnect with the Sonoran landscape, The efforts of the Scottsdale Public Art Program represent movement toward addressing the values suggested by Bressi's report. VI. Scottsdale Public Art Program In 1985, the Scottsdale Public Art Program was created with the goal to enhance the quality of life afforded area residents and visitors. Since that time, more than 30 permanent public art installations have been completed throughout the community. Public art has taken many forms in Scottsdale, ranging from such traditional scuipture in the public square as Ed Mell's Jack Knife to a transit center designed by artist Vito Acconci, architect Doug Sydnor, and landscape architect Angela Dye. The program's collection also features public buildings, streetscapes, noise abatement walls, and public art masterplans by regionally and nationally acclaimed artists, including Kevin Berry, Carolyn Braaskma, James Carpenter, Mags Harries, Larry Kirkland, Laurie Lundquist, Jack Mackie, and James Turrell. The Scottsdale Public Art Program seeks to instigate a renewed commitment to the public domain by way of such projects that may invigorate social, cultural, historical, or environmental issues. Projects may possess a direct social relevance that is community referentiai or they may push the "placemaking" envelope and involve the viewer in the complexities of urban experience. Public art in Scottsdale is meant to transfuse a spirited perspective of traditional or new iconographies and reinvigorate the vitality of public life. For more information, visit WWW,scottsdalearts.org/Dublicart. VII. Selection Process A selection panel will evaluate artist's submissions and either select an artist based on preliminary submission materials, interview short-listed applicants, or seek more detailed proposals. Selection criteria include: the applicant's professional qualifications: proven ability to undertake projects of a similar scope; artistic merit as evidenced by the submitted materials; and demonstrated ability to work with government agencies, engineers, and/or focus groups in the creation of an art project. Based on proposal and review of slides/support materials, the artist will be recommended by a selection panel and approved by the Public Art and Collections Committee (PACC). PACC approves art concepts, project scope, and budget, thereby aliowing the artist creative license Public Art Network www.AmericansForTheArts-org Call for Artists Resource Guide 12 within the estabiished project plan. Contract and project plan are to be negotiated with the Associate Curator of Public Art. PACC reserves the right to r~ect any and all applications. VIII. Timeline The schedule is contingent upon the City's project schedule and may be changed at any time. February 14, 2003 February 28, 2003 March 3, 2003 March 12, 2003 March 20, 2003 March 30, 2003 October 30, 2003 January 2005 IX. Application Delivery Deadline for response to RFP (by 5:00 p.m.) Short-listed artists notified by this date During this week, interviews with short-listed artists Selected artist notified by this date Anticipated execution of contract by this date By this date, submit anticipated installation needs and siting requirements for the permanent art. Project architect and engineers will integrate the art installation specifications into their design during Spring-Fall 2003. Depending on the installation needs, there may be some coordination during this time with the public art project manager, architect, and/or engineer. Tentative date for completion of workshops Anticipated completion of building construction and installation of art. Depending on the nature of the installation needs, there may be some coordination during this time with public art project manager, the architect, and/or contractor Qualifications due by 5:00 p.rn., MST, February 14, 2003 at: Scottsdale Public Art Program Request for Proposal 7380 East Second Street Scottsdale, AZ 85251 The application should be packaged in such a manner that the sealed envelope cleariy reflects the project name(s) and the Applicant's name and address. All materials submitted become the property of the Scottsdale Public Art Program and will not be returned unless a self-addressed and stamped envelope, with sufficient postage, is provided. The Scottsdale Public Art Program will make every effort to protect submitted materials; however, it will not be responsible for any loss or damage. X. Application Presentation Please do not staple any materials together. All pages of your application should clearly indicate your name, date, and prQiect submitting for. Present your materials in the following order. Public Art Network www.AmericansForTheArts.org Call for Artists Resource Guide 13 XI. Application Content 11.1 Annotated 51 ide I i5t (typed, 2 page maximum): The slide list must be provided with the Artist's name, title or location of work, medium, date of work, dimensions, the corresponding slide number, and short description of slides. Indicate budget where applicable. 11.2 Professional resume (2 pages maximum for each team member): Teams must submit a resume for each member. 11.3 Proposal (typed, 4 page maximum) Theme & Workshops: Describe your overall "theme" and style of art to be produced. Explain your proposed schedule, process, medium, and method by which you will involve adult and senior users (and/or other community members) in concept development and/or design development. Explain your experience in developing and facilitating workshops. Fabrication & Installation: Describe the anticipated fabrication and installation needs for the permanent art. Be sure to include information that will help facilitate the artistic integrity of your work: a. How much space will the art need? b. Describe how you envision the installation: Will it need wall space, floor space, hang from the ceiling, protrude from the wall? C. Describe the electrical requirements. (Describe to the extent that you are knowledgeable. The artist will not be required to determine exact specifications, but must be clear on the desired effect. The exact specifications will be refined at a later date by the architect.) d. Describe special equipment or other needs. 11.4 Preliminary Budget (typed, one page maximum): Include a cost estimate for all facets, including but not limited to artist fees, insurance, travel expenses, workshop costs, materials costs, and anticipated fabrication and installation costs. Artist is not responsible for actual installation, but installation needs should be noted in your proposal and reflected in your preliminary budget. 11.5 Optional I lIustrations (2 page maximum, 8 Yz x 11" maximum size): Additional visual support material and/or illustrations to show your proposal. 11.6 Three References: Inciude client name, contact name, and phone number. 11.7 Visual Support Materials: Pages or slides must be annotated, including title or location of work, medium, date of work, dimensions, the corresponding slide number, and short description of slides. Indicate budget where appiicable. Photooraohic slides: Up to 20 slides (35mm) of recent work. Slides must be in a clear plastic sl ide sheet; each slide must be labeled with the artist's name, the top clearly marked with an arrow, and a number to correspond to an annotated slide list. OR Comouter Presentation (ootiona ): Up to 20 html pages or PowerPoint slides. Public Art Network www.AmericansForTheArts.org Borrower Responsibilities: · Shipping, shipping insurance (Generally not the responsibility of the lender.) · Site preparation · Concrete pad as base (for sculpture) · Equipment for moving and installing work ./ Crane ./ Truck/trailer ./ Labor · Maintenance and or Conservation during the loan period ./ Insurance ./ Special considerations ./ Sod replacement/sidewalk repairs ./ Special fabrication for mountinglHardware Cost Range: Costs vary according to the size of the work, its location, and the complexity of installation. A large metal sculpture (horse and rider scale), shipped trom a location 200 miles away and installed on a concrete pad, might cost between $500-$5,000 for shipping and $500-$5,000 for installation. Personal Art Collections - Sometimes art collectors seek unique venues to display work trom their collection or, upon their death, will their collection to interested parties. In these situations, a long or short- tenn loan can be arranged or the work can be accessioned by a town or city agency. COMMUNITY PROGRAMS. PARTNERSHIPS. COLLABORATIONS Community and education programs are gaining attention for their impact and long-tenn educational value. Partnerships between individual citizens, arts organizations, communities, schools, and businesses are producing innovative solutions to many social challenges. Education CoUaborationslPartnerships - Arts organizations, museums, schools, and/or artists can be selected to develop independent or collaborative education programs which include public art projects. These projects are generally scheduled to occur during the academic year and include a public celebration after the installation of the work. With the involvement of students and residents, these projects are generally well received by the community and sometimes become annual events. Examples include school murals, community gardens, sidewalk designs, painted dumpsters, etc. Grants, private donations, schools, and collaborative organizations support these programs. Basic costs include payment for the artist/s, materials, equipment, printing (announcements or flyers), and food & drink for a reception. Many public artists seek opportunities to work with students, community groups, and neighborhoods to develop projects. Several of the famous Los Angeles murals were created collaboratively by the artist Judy Baca along with young people trom swrounding neighborhoods. Cost Range: $500 - $250,000 Community Projects Communities interested in neighborhood improvement can sponsor community-based public art programs. Working with local artists, architects and landscape designers, they can develop enhancement projects or include programs for new constroction. They can also develop partnership programs working with local businesses, churches, organizations, schools and/or area youth to promote temporary and pennanent enhancement projects. 3 THE SELECTION PROCESS PUBLIC ART COMPETITIONS (see page 8 for a public art project ptanning outline) Once a decision is made to add artwork to a building or site, consideration of the appropriate media (sculpture, landscape design, painting, etc.) should be developed along with criteria (environmental, structural, aesthetic, etc.) for the work. This might be very specific or left open for the artist to develop ideas. Once this phase is completed, the process for selecting an artist begins. There are two primary ways to select artists: Request for Proposal (RFP) or Request for Qualifications (RFQ) - When a new project has been defined and the criteria set, requests for proposals are sent to artists regionally, nationally or globally or some combination of the three. These requests specifY the infonnation and fonnat the artist must follow to submit his or her proposal. Generally, background infonnation (resume, slides of earlier work, newspaper articles, etc.) is requested along with sketches and a written description of the project. Cost Range for selecting artists: $500 - $50,000 rn addition to artist's fees, material costs, construction and installation costs, and housing when applicable, there are also expenses related to the selection process. Selection committee members are sometimes paid an honorarium for their time. If artists are selected nationally there may be airfare and hotel costs, and finalists (3 to 5) receive an honorarium for final proposals - generally $500 to $2000. Invitational- The RFP process (above) is time consuming. In some cases, rather than reviewing a large number of proposals, a smaller number of artists can be invited to submit proposals. These artists can be located through a variety of means including review of current public works, contacting local arts organizations, speaking with local arts professionals and/or contacting national organizations. Although this is the same basic selection process as the RFP, it reduces the office work and time needed to interview a large number of artists. Cost Range for selecting artists: $1,000 - $75,000 Invitational projects often include artists with established careers, which usually means they come at a higher expense. Cost also reflects miscellaneous expenses like daily stipends for visiting finalists, hotel costs airfare etc. PROJECTS CONTEMPORARY PUBLIC ART PROJECTS Public art has evolved from its decorative and monumental roots to include conternporary projects ranging from gumball machines that dispense works of children's art to scientific land reclamation projects and transit design. Some unique public art projects include: . 3-D Chicago-The Pier Walk series has become an annual event of an "open air" display of sculpture on and around Navy Pier in Chicago. rn 1998, 175 sculptors from around the US exhibited their work. Sears, Roebuck and Co. sponsors the project, which draws thousands of visitors each year. httv://www.vierwalk.com! . Denver International Airport Project - a percent-for-art program was established specifically for the construction of the new Denver International Airport. With a budget of over $7.5 million, 40 artists and 80 committee mernbers were involved in the development, selection and installation of artworks throughout the airport, in transit tunnels, and outside the airport. Terry Allen, artist - His Notre Denver project includes humorous gargoyles sitting in suitcases mounted on the walls in the new Denver International Airport. httv://wwwllreenmuseum.orll/artist index.vhv?artist id=21 4 · Portland Convention Center I Buster Simpson, artist - In Host Analo2.. commissioned for the Portland, Oregon, Convention Center, Simpson is in the process of creating a forest of trees fÌ'om an eighty foot long Douglas fir "nurse" log that was cut some thirty years ago and then not used as lumber. The rotting log provides an excellent growth medium for sprouting seedlings. Simpson has planted seeds of Western red cedar, Douglas fir, and hernlock directly on the log. hl/v:/ /www.zreenmuseum.orz/artist index.vhv? artist id~ 2 J.. hl/v://www.bustersimvson. net/ · Battery Park Landfill, New York City / Agnes Denes, artist - In a work called Wheatfield - A Conftontation. Denes planted and harvested 1.8 acres of wheat on a landfill near the World Trade Center in New York City. The Wheatfield project was a stark visual contradiction: a beautiful golden field of wheat set among the cool steel skyscrapers of downtown Manhattan. The harvest yielded 1000 pounds of grain, which was fed to police horses. hl/v://www.battervvarkcity.orz/vublic.htm · Washington DC / Maya Lin, architect - Vietnam War Memorial At the age of20 and still a student at Yale University, Lin won a national design competition for the Vietnam Veterans Memorial. Under a complicated and politically messy process, the famously simple but moving piece was erected and has become one of the most visited National Monuments in Washington DC. hl/v://www.vietvet.orz/thewall.htm · The AIDS Memorial Quilt - The largest on-going international community arts project in the world. Each of the over 41,000 colorful panels in the Quilt was made to remember the life of a person lost to AIDS. The quilt continues to grow and is supported by a web page with infonnation about aids and aids research. < httv://www.aidsQui/t.orzl> 5 FREQUENTLY ASKED QUESTIONS Why public art? Placing art in public places is as old as humankind. From cave paintings and pyramids to monuments and architectural design, art has always been a part of the public realm. In contemporary society, public art, and the community participation which often accompanies it, contributes to the identity of a city. In the same way that people work to decorate their homes, public art offers visual appeal, pride, a sense of celebration, fun, and often represents the health and wealth of the city it inhabits. Where does the money come from for a percent for art project? Recent public art ordinances allocate a percent (1 to 3%) of the budgets of eligible capital construction projects for public art. (In most cases this includes any publicly funded project over I million dollars.) The money is placed in a separate, interest-bearing public art and design trust fund. (The trust fund is also authorized to accept gifts, donations and grants or funds for public art and design purposes.) Interest accrues to the benefit of the public art and design program, This money is then allocated for administration, programming, fabrication, installation and maintenance/preservation of art work. Who should administrate public art programs? There are several models for public art administration. At the city/county level, public art commissions or cultural affairs councils--with the support of additional staff members--are created separately or within an existing government agency (Mayor's Office, Board of Public Service, for example) to oversee projects. In many cases, existing arts councils and commissions assume the responsibility by adding one or two staff people. In addition to budgeting and general office administration, the responsibilities of these commissions generally cover the following: · Act as a team leader for city project managers, architects, professional design teams, community representatives and artists · Assist in detennining an appropriate artistic medium, as well as site opportunities and limitations · Contract negotiations, budgeting, payment schedules and insurance requirements · Defme the artist selection process eligibility and criteria · Support an artist mailing list and slide registry · Prepare bids and place announcements in appropriate publications; infonn artists of opportunities · Develop selection process gnidelines to ensure equal access for artists of all backgrounds · Identity qualified volunteers to serve on selection/advisory panels and oversee the panels · Develop maintenance guidelines and act in accordance with professional conservators to maintain collected work Examples: City of Columbia, Office of Cultural Affairs in Columbia, MO; Mayor's Commission on Art, Culture and Film in Denver; Kansas City Municipal Art Commission, Kansas City, MO, Seattle Arts Commission; The Cultural Arts Council of Houston/Hanis County; The San Francisco Art Commission; The Pheonix Arts Commission; Broward County Cultural Affairs Division, Broward county, FL; City of Atlanta, Bureau of Cultural Affairs; Office of Arts and Culture, City of Philadelprua, Scottsdale Cultural Council, AZ; Virginia Beach Arts and Humanities Commission, VA; Las Vegas Arts Commission, NV; etc., and many state arts councils. How is an artwork selected? The public art program administrator kæps a list of potential committee members (if additional time is required, selection committee members are sometimes given an honorarium) who are asked to volunteer on selection committees. Committee members might include an artist, elected city official, school administrator, teacher, local newspaper staff, a leader ITom the religious community, business leader, bank official, students, community members, and an official &om an anchor business in the community. The selection committee surveys the sitels and reviews the artist's proposals. Once finalists (3-5) are selected, 6 they are asked to create models of their proposal and make a formal presentation to the committee. The committee is responsible to evaluate the work for its esthetic quality. construction quality, appropriateness to the site, and engineering/logistical criteria. After an artist is selected they are required to adhere to the criteria established for the project. Can a proposaVpublic art work be rejected? Yes. After the proposal has gone through the selection process there shouldn't be a need to reject the work. If however a problem arises. the artist is given the opportunity to modifY the work or withdraw from the project. After installation, a work can be deaccessioned (removed from the collection) by the public arts commission after going through a deaccessioning process established by the public art commission. What is the economic impact of public art? Of funds allocated to a project, a percentage goes to: · Artist's feels, travel, per diem and hotel · Insurance (if applicable) · Suppliers, engineers (if applicable) construction and installation (materials, labor, contractor's fees, equipment rental, etc.) · Maintenance · (In many cases a percentage also goes to neighborhood and community projects) According to Washington State % for Art Research, for each Percent for Art project money expended: · 6-6.6% is returned in sales tax · 42-43% goes to direct purchase of materials · 9-10% is spent on overhead (studio, utilities, etc.) · 30-37% goes to pay salaries and wages of artists and subcontractors for fabrication/installation work How much does the artist make? Some people fear that the artist gets all the money budgeted and can do whatever they want with it. This isn't true. A professional artist is required to act much like an architect--{Jevelop a proposal, fulfill engineering criteria and specifications, and work with other artists and contractors to create and install the work. The artist receives a fee for their work as does the architect, suppliers and contractors. What's an RFP or RFQ? RFP is an acronym for Request for Proposal. RFQ is an acronym for Request for Qualifications ~ seeking information from artists for several projects or future projects when a specific proposal is not necessary. (See page 6, The Selection Process) 7 11 S"tep Process AN ELEVEN STEP PUBLIC ART PLANNING OUTLINE How to Develop and Implement a Public Art Project' An elementary outline of important steps for planning a public art project Although this outline is structured in chronological order, it might be necessary to duplicate some steps, change their order or add steps according to your needs. Two key elements that are crucial to the public art process: Patience and Inclusion Patience: It is important to decide whether or not a public art project is the best solution for the situation. Public art is not a "quick fix " process. Time and energy must be spent to develop the concept, select the artist/so and include the community. Inclusion: NIMBY stands for Not In My Back Yard! While most public art projects begin with good intentions, many fail because they aren't appropriate for the community where they are installed or they are thrust on the community without warning. Insensitivity to the opinions of a community can condemn a project before it begins. 1. Create a Planning Committee A planning committee representing the community is an essential element of successful public art projects. The planning committee should be representative of the community where the art will be installed. Factors to consider include age, cultural background, ethnicity, gender and profession. Potential committee members might include an artist, elected city official, school administrator, teacher, local newspaper staff, a leader ftom the religious community, business leader, bank official, students, community members, and an official ftom an anchor business in the community. Once the committee has been organized, a chair or co-chairs should be appointed. Next, detennine the goals of the committee and a timetable for reaching the goals. It often helps to determine the deadline and work backwards to set intermediate goals. Structure your meeting schedule to meet the goals. Periodically check on group members' continued support of the project goals. Also, the committee should devote time to educate members about contempora¡y public art possibilities. 2. Collect Visual Images and Educate the Committee Compile examples of appealing historical and contempora¡y public art images. This may include slides, photos, brochures, magazines or images /Tom personal travels. Have people knowledgeable in the field of public art conduct slide presentations for those interested. Use these images and presentations to generate concept and budget discussions in committee meetings and to assist in building group consensus. The Regional Arts Commission has a slide registry of local, national and International artists and can tailor a slide presentation for your needs. Speak with Porter Arnelll at 314-652-5511 for more Information. 8 In addition, there are National, State and City public art programs across the Nation. Many offer colorful brochures or web pages that describe their programs. With a phone call, you can begin to fumiliarize the committee to public art projects ftom across the country. 3. Determine the Budget Use the information gained ftom your concept research and initial inquiries to create a budget. Consider donations, volunteer and in-kind resources. To start a fundraising plan, use your knowledge of community members and organizations to create a list of people who have a known interest or possible interest in a public art project. Detennine who might be the lead donor(s) and how much that person or organization might contribute. Create a "contributors chart" working down ftom the amount of the lead donors until it meets a major portion of the projected budget. Budget Items to consider for a public art project: · ArchitectŒngineer Expenses · Photography · Artist's Fee (20%) · Research Costs · CratingfTransportation · Specialized Services! · Equipment Rental Subcontractors - electrician, · Fabrication Costs plwnbing, etc. · Hired Labor · Storage · Installation Costs · Studio Rent · Insurance · Travel/Mileage · Legal Expenses · Utilities · Materials · Maintenance · Miscellaneous Costs · Special Costs - installation, etc. The Regional Arts Commission can assist you with budget development. Contact Porter Arneill at 314-652-5511 or porter(à)stlrac.org {or more information. 4. Establish a Time Line Activities to consider when creating a time line are: · Community Education · Concept Development · Creation of the Budget · Fundraising · Marketing Plan · Artist Selection · Contracts, Insurance · Creation of Work · Installation of Work · Dedication 5. Determine a Concept for Art Work Identify and discuss works of art and concepts that interest the committee. If appropriate, the artist selected can be included as part of the design team for a new building or site. In this case, the design team can work with the committee to develop the concept for art work. 9 6. Conduct a Search for an Artist (or Artist Team) Detennine if artist selection will be by invitation, local search, statewide search, regional search, national search or international search. (Remember that travel costs and a per diem for each artist will come out of the budget.) If artist selection is to be by search, rather than invitation, create a "Request for Proposal" (RFP) and distribute. Contact the Regional Arts Commission for information on developing an RFP and how to find mailing lists and periodicals where the RFP can be posted. 7. Negotiate a Contract With the Artist The contract should include a timeline, copyright agreements, considerations for additional costs, insurance responsibilities and the individual responsibilities of each party involved. Public art projects often have ve¡y unique requirements, it is wise to research and gain insight fium a number of people to avoid complications. PLEASE NOTE: ImpOrtant items for consideration: · Insurance (Is the WOIk insured before, during and after installation? rf the artist and/or assistants are working on site, are they covered? rf a child climbs on the sculpture and falls during or after installation, who is liable?) · Ownership of the work - i.e. copyrights, moral rights, image ownership, resale royalties, credits, liability, etc.? (See attached article by Laura Danielson, Page 13) 8. Develop a Maintenance/Conservation Program This tends to be the most overlooked aspect of a public art project. Awareness of the maintenance requirements of a wOlk is vital and the costs should be included in the budget. Personnel should be trained about the appropriate maintenance for each work. Most maintenance, if done regularly, is simple and inexpensive. Neglect is costly. 9. CreationlFabrication ofthe Work After the artist (or artist team) has been selected and explored ideas with the committee, they can begin developing the work. It's a good idea to schedule several dates with the artist for presentations and/or studio visits with members of the committee. This allows eve¡yone involved a chance to gain insight about the artist's concept and methods. rdeally, at the end of the creation/development process, the selected artist (or artist team) should be invited to present drawings, a written description, a final budget and a model (also known as a "maquette") of their work to the committee. rf the committee approves the proposed work and the budget, then a meeting with community members to announce the project is recommended. If the committee doesn't approve the proposed work and/or the budget, then the artist should solicit new ideas and criticisms and work with the committee to decide what changes are appropriate. It is important for the committee to remember that the artist has been selected for their artistic and professional skills; they should be given as much creative control of the project as possible. 10 Public Art Resources Public Art Information: The St. Louis Regional Arts Commission (RAC) http://www.art-stl.coml PH: 314-652-5511 FX: 314-652-0011 EMAIL: porter(áJ.stlrac.org Porter Arnei I! , Director of Public Art and Education (Note: There is a reference library with several books about public art at RAC) Legal Issues: St. Louis Volunteer Lawyers and Accountants for the Arts PH: 314-652-2410 FX: 314-652-0011 EMAIL: vlaa{a1stlrac.org Sue Greenberg, Executive Director Maintenance Issues: Save Outdoor Sculpture (SOS!) 1730 K Street NW, Suite 566, Washington, D.C., 20006 (A program of Heritage Preservation, National Museum of American Art - Smithsonian Institution) PH: 1-800-422-4612 Periodicals: Art in America ARTnews Sculpture Magazine Public Art Review Slides: The St. Louis Regional Arts Commission (RAC) Arts in Transit - http://www.bi-state.org/ait/index.html Helpful Local (St. Louis Region), National and International Web Sites: St. Louis Regional Arts Commission http://www.stlrac.org/ Arts in Transit http://www.bi-state.org/artsintransit.html Public Art on the Net http://www.zpub.comlpublic/ Arts Wire http://www.artswire.org/ Missouri Arts Council http://www.llÚssouriartscouncil.org/ Intemational Sculpture Center http://www.sculpturecenter.org/ Americans for the Arts http://www.artsusa.org/ Public Art Network (PAN) http://www.artsusa.org/issues/otherinterests/peergroups/publicart.asp Save Outdoor Sculpture (SOS) http://www.heritagepreservation.org/PROGRAMS/SOS/sosmain.htm Art-public.com http://www.art-public.com Phoenix Art Commission/Artist Opportunities - http://www.ci.phoenix.az.us!MILE/stoneidx.html Arts Calendar - www.artcalendar.com ArtDeadline.com - www.artdeadline.com Community Arts Network - http://www.communitvarts.net/ 12 Legal Issues Surrounding Public Art Contracts by Laura Danielson As we all know, many recent public arts commissions have embroiled artists in controversy and entangled them in bureaucratic red tape. While some of these conflicts are unavoidable, certain legal issues can be anticipated and dealt with effectively in the public art commission agreement. When an artist receives a public art commission, he or she is typically presented with a standard, often lengthy contract that spells out the obligations of both parties. It details the project and its dimensions, timetable and delivery, payment schedule, insurance, artist's warranties, etc. An artist should be wary, however, of signing such an agreement (no matter how acceptable it appears on its face) without first analyzing whether it addresses certain key issues. These issues, relating to artists' rights and liabilities, include copyright ownership, creative control and freedom of expression, moral rights, resale royalties, credits and liability. dimension, and materials as fully as possible, but still allow for artistic variations. This won't preserve the work if the public ends up hating it and cries out for its removal or destruction, but it will at least ensure that the artist gets paid. Another reason it is essential for artists to reserve creative control is that they occasionally bump up against union requirements that interfere with the fabrication and installation. With full creative control artists have more power to object to offensive changes. Copyright Both the artist and the commissioning party may have a strong interest in retaining the copyright to the completed work. The artist's primary concern is in preserving the right to control exploitation and to create derivative works based on the original work. The commissioning party's concern is that, the work, because of its "public" nature, can be photographed, reproduced, and otherwise exploited without interference by the artist. The artist does not have to forfeit his or her rights to resolve this conflict; he or she should expressly retain the copyright, and license to the commissioning party only those particular rights it actually needs. Sometimes the commissioning party wants the copyright so that the artist is restricted from creating similar works, which would mean the original work was no longer unique. Again, this can be resolved without the artist giving up the copyright. The artist can agree not to make exact reproductions or publicly exhibit the commissioned work without written pennission. Moral Rights "Moral rights," which have long been recognized in Europe, are held in such low regard in the United States that most people do not even know what they are. These rights are the artist's personal rights in the artistic expression, the most important being the right of "integrity" -protecting a work from unauthorized mutilation or destruction. The idea is that mistreatment of an expression of an artist's personality affects his or her artistic honor and reputation, and so impairs a legally protected personality interest. There are many examples of interference with American artists' moral rights, from the removal of Richard Serra's Tilted Arc in Manhattan, to the public revolt in Tacoma against a mural by Stephen Antonakas, to the total destruction in 1980 of ¡samu Noguchi's sculpture in a Wall Street bank. In the United States, there are a few states with moral rights legislation, as well as the federal Visual Artists Rights Act, recently enacted by Congress after the United States signed the international Berne Convention for the Protection of Literary and Artistic Works, which contains certain moral rights provisions. The protection this legislation affords is limited, however. Artists are advised to further protect themselves by including clauses in the commission agreements that limit the commissioning party from altering or relocating the work without the artist's written consent. Further, if the work is improperly maintained, damaged, or otherwise modified, the artist should reserve the right to disassociate himself or herself from the work. Creative Control To avoid disputes, the artist should try to retain all artistic and aesthetic decisions about the work, allowing for flexibility in design changes. The contract should describe the proposed works design, 13 Resale Royalties A very common lament of artists is that they never get to profit from the appreciated value of their work, California is the only state that has enacted a statute that gives artists the right to receive royalties on the resale of their works. But, this legislation is effective only if the artwork remains in California and the seller complies with the law. Another way to ensure resale royalties, at least on the first resale, is to include a provision in the commission agreement that requires the commissioning party to pay the artist a percentage (typically 15 percent) of the increase in value of the work on resale. hannless" clause in the agreement with Christo, who had fortunately purchased his own liability insurance for the project. While an artist may be able to ensure in the contract that only the commissioning party incurs liability for an injury, this case points out how important it is for the artist to thoroughly understand his or her potential for liability and need for insurance. By addressing all these issues early in the game, before any serious conflicts have arisen, artists can assure themselves fewer legal headaches later on. If a conflict does ensue, especially one related to issues of creative expression, the artist will at least be anned with greater protection and clarification of his or her rights. Credits Failure to ensure that an artist receives proper credit can lead to serious conflicts. An artist should require that his or her name and the name and date of the work be placed and adequately maintained at the public art site. Also, any photos or reproductions of the work should require appropriate credit to the artist. Further, the artist may want to reserve the right to use the commissioning party's name and identifying infonnation in connection with promoting his or her work. Laura Danielson is a Minneapolis lawyer with a specialty in patent, copyright, trademark and related causes, and is vice chair of the Midwest Center for Arts, Entertainment, Literature and the Law (MiCAEL). Liability If a work is damaged or lost during fabrication, shipping, or installation, and there is no provision in the contract to the contrary, the artist generally bears the risk. It is therefore vital to ensure that the artist has adequate insurance coverage. A tragic example of other risks an artist can incur in a public art project is the case of Christo's giant yellow umbrella project, in which one of the 485- pound umbrellas toppled and killed a woman. The California county where the project was constructed was shielded from liability as the result of a "hold Notes: John Henry Merryman and Albert E. Elsen, in Law, Ethics. and the Visual Arts, Philadelphia: University of Pennsylvania Press, 1990. Scott M. Martin and Peter W. Smith, "Commissioning Public Works of Sculpture: An Examination of Contract Issues Involved," Columbia-VLA Journal afLaw and the Arts, 12:481, 1988. Sylvia Hochfield, "The Moral Rights (and Wrongs) of Public Art," ARTnews, 87:5, May 1988. Albert Elsen. "What We Have Learned About Modern Public Sculpture: Ten Propositions," Art Journal, 291, Winter 1989. Louise Kertesz, "Christo Accident Covered," Business Insurance, 25:44, Nov. 4, 1991. This article was copied with pennission from the author. 14