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HomeMy WebLinkAbout1207RESOLUTION NO. /~0] A RESOLUTION of the City Council of the City of Kent, washington, relating to art plans, amending the guidelines for development and implementation of City Art Plan as first adopted on April 15, 1985. WHEREAS, the Kent City Council adopted Ordinance 2552 on April 15, 1985 establishing the Kent Arts Commission and art fund; and WHEREAS, on April 25, 1989, the Kent Arts Commission proposed and the Kent City Council adopted certain guidelines for the development and implementation of a city Art Plan Policy; and WHEREAS, such guidelines call for periodic review and revision by the staff, and upon consultation by the Arts Commission, to be submitted to the city Council for approval; and WHEREAS, the Kent Arts Commission has proposed and recommended revisions to the city Art Plan Policy at its meeting on April 25, 1989; and WHEREAS, the Kent City Council Parks Committee has reviewed and recommended approval of such amendments to the City Art Plan Policy; and WHEREAS, the Kent City Council has reviewed such recommendations and proposed amendments, as set forth herein and attached hereto by this reference, at its meeting on June 6, 1989; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The amendments to the City Art Plan as set forth in Exhibit A attached hereto and incorporated herein by this reference are hereby adopted. Passed at a regular City of Kent, Washington this day of ATTEST: ~urred in by the ---~~~~e~=s=--' 1989. meeting of the city council of the ~ day of ~ 1989. Mayor of the City of Kent, this ~ , -...!,~·Lu__·'-- I hereby certify that this is a true and correct copy of Resolution No. I 0\t? 7 , passed by the City Council of the City of Kent, Washington, the b day of ~ ...... •=:.?' 1989. 7290-260 - 2 - CITY ART PLAN POLICY Guidelines for development and implementation of City Art Plan. PURPOSE: To establish the procedure for allocation, project and artwork selection, and expenditure of funds from the City Art Fund. These guidelines were approved by the City of Kent Arts Commission on April 25, 1989 and adopted by the Ke~t City Council on June 6, 1989 for implementation of Ordinance 2552, passed by the City on April 15, 1985. INTENT: The stated intent of the Ordinance is "to expand the opportunity for Kent residents to experience art in public places and create a more visually pleasing and humane environment." DEFINITIONS: "Public Art". ALL forms of original creations of visual art, including, but not Limited to: 1. Calligraphy and signage. 2. Crafts • in clay, glass, paper, fiber and textiles, wood, metal, plastics and other materials. 3. Earthworks and landscape. 4. Graphic arts • printmaking and drawing. 5. Mixed media -any combination of forms or media, including collage and assemblages. 6. 7. 8. 9. Mosaics -tile and brickwork. Painting -all media, including portable and permanently affixed works, such as murals. Photography. Sculpture -in the round, bas relief, high relief, mobile, fountain, kinetic, electronic, play equipment, etc., in any material or combination of materials. "Artist". A practitioner in the visual arts generally recognized by critics and his or her peers as professional, who produces artwork as described above and exhibits in public forums such as art galleries, museums. etc. "Expended". The payment of municipal funds from whatever source for a capital project. "Architect". The person or firm (architect, Landscape architect, interior designer, or other design professional) designing the project involving a City Art Project site. -1 - "Arts Commission". City of Kent Arts Commission. "City". City of Kent. "Staff". Department of Paries and Recreation Staff. "Contracting Agency". City of Kent. "Jurisdiction". Uithin the corporate Limits. "City Art Plan". Annual plan prepared by Staff, reviewed and approved by Commission, and approved by the Council for the expenditures of the City Art Fund. FUND INCLUSIONS: The portion of the City Art Fund appropriation reserved for worlcs of art may be expended for the following: The cost of the worlc of art and its site preparation and installation. Identification plaques and labels. Uaterworlcs, electrical (including lighting) and mechanical devices and equipment which are an integral part of the worlc of art or would otherwise aesthetically enhance the project site. Frames, mat and simple pedestals necessary for the proper presentation and/or protection of the worlcs of art. Related administrative expenses incurred by the architect, consultant, City staff, and Kent Arts Commission, including, but not Limited to, staff time, printing and distribution costs. Honoraria and fees paid to professional jurors aslced to participate in the selection process and to artists invited to submit final design proposals and models for selection consideration. These fees may apply to some but not all projects included in the City Art Program. Repair and/or special maintenance of works of art. FUND EXCLUSIONS: The portion of the City Art Fund reserved for worlcs of art may not be expended for the following: Reproductions by mechanical or other means of original worlcs of art; provided, however, Limited editions controlled by the artist, such as original prints, cast sculpture, and photographs, may be included. - 2 - Decorative, ornamental or functional elements which are designed by the architect or consultants engaged by the architect. Architectural rehabilitation or historical preservation. although works may be acquired in connection with such projects. Those items which are required to fulfill the basic purpose of a project, such as works of art for the collection of a City Museum. Art objects which are commercially or mass produced or of standard design, such as commercial playground equipment or fountains; provided, however, artists responding to a request for proposals with submittals including the above may be considered. Standard directional or other functional elements, such as signing, color coding, and maps; provided, however, artists responding to a request for proposals with submittals including signage or graphics, will be considered. Exhibitions and educational programs. Expenses related to the acquisition of the work of art (before or after installation); such as dedication, unveiling, insurance, security and publicity or publication costs. These operational expenses shall be the responsibility of the Arts Commission, and shall be funded by the Arts Commission's annual budget. CRITERIA FOR SELECTION OF ARTS PROFESSIONALS TO SERVE ON JURY: Artist jury members shall be visual artist professionals in fields appropriate to the project including artists. curators, critics, fine art collectors. architects and other design professionals with a relevant arts background who ~ Respected in their fields Knowledgeable about contemporary visual art particularly in a public outdoor context Capable of engaging effectively in a jury process Willing to carry out Kent City Art Program art selection criteria and public art policy and Kent Arts Commission objectives Staff will periodically issue a request for qualifications and will maintain a file of potential jurors and their qualifications which will be available to the Kent Arts Commission. - 3 - SELECTION OF ARTISTS: Eligibility requirements shall be recommended for each project by the Arts Commission. Professional eligibility. Artists will be selected on the basis of their qualifications, as demonstrated by past work of art, appropriateness of the proposal to the particular project, and its probability of successful completion, as determined by the art selection jury. Specifically excluded are student works of art done under the supervision of art teachers or done to satisfy course requirements, artists who are the project architect/landscape architect/engineer or members of the project, their firm, and artists who are members of the Kent Arts Commission. SPECIFIC RESPONSIBILITIES · ADVISORY PANEL: An Advisory Panel shall be appointed for each City Art Project with a budget of over $5,000. The Advisory Review Panel shall include: A City Council member appointed by the Council President; A community representative appointed by the Commission; The architect assigned to the given project Conly if applicable); The department head of the department directly concerned with the project, or designee; One member of the Commission appointed by the Commission. The Advisory Panel shall: Review applicable City Arts Program projects and recommend to the Commission the type of art, which, in the Panel's opinion, best suits a given project site; and Determine a method of selection (direct selection, open competition or limited competition) for each project; The Arts Commission and Staff shall: Recommend to the City Council the general policies, procedures, and Procedural Guidelines for the City Art Program; . 4 - Determine and recommend to the council the applicability of public art to each City capital project and the amount of City Art Fund monies to be expended; Review and annually recommend to the City Council a "City Art Plan" and specific projects. Projects with a budget of less than SS,OOO shall be administered at the discretion of the Arts Commission and Staff. Assure, in the overall City Art Program, that reasonable diversity is attained in style, scale, media and materials represented; Appoint each advisory panel and art selection jury in accord with these Procedural Guidelines for each City Art Program Project with a budget over SS,OOO; Annually, make a public report on the projects of the previous year and shall conduct periodic evaluations of the City Arts Program; Maintain a record of all works of art acquired under this ordinance; Publish informative folders and booklets on these art works; Make all arrangements for a dedication or unveiling of the work of art in coordination with City Department(s) involved. The Arts Commission is responsible to endorse the recommendations of the Jury. Upon recommendation by the Arts Commission and approval by the City Council, the decisions of the Jury will be final, except in cases of proven technical infeasibility. The Art Selection Jury: Shall be appointed for each City Art Project with a budget of over SS,OOO; Shall have a flexible organization and membership, at the recommendation of the Arts Commission. Taking into account the scope and nature of the City Art Project, the jury shall normally consist of the following: One City Council member, as appointed by the Council President. Two art professionals. One departmental representative. One community member. One Arts Commission member. - 5 - Examine proposals and submissions submitted by artists and recommend a selection (within the intent and scope of the Procedural Guidelines of this Chapter) of an artist's design for the specific art work to be commissioned, or select an artist whose existing work is to be purchased for the project. Jury selection recommendation will be reviewed by the Commission and Staff, prior to recommendation to Council for approval. The Art Jury has the right to make no selection if, in its opinion, there is insufficient merit in the submission. The Jury shall provide written minutes of the selection process to the Arts Commission. The Artist shall: Submit proposals to the Staff; If selected, be commissioned to execute and complete the work in a timely and professional manner. Transfer title of an existing work of art to the City of Kent. Maintain a close working relationship with the Staff and the architect or landscape architect or the engineer on commissioned work; Be responsible for assuring that artwork is properly identified; plaques or labels identifying the work shall be permanent, unobtrusive and well designed. Identification sha~l include the name of the artist, title of the work, if any, medium, year completed and funding sources. Return the proposal to the Contracting Agency for review and approval should any significant change occur in the scope, material, design of the work subsequent to preliminary design approval within accepted City procedures. Be responsible for all phases of the design and execution of the work, including site preparation and installation, unless otherwise stipulated in the contract. Hold no rights to any work of art commissioned or purchased under this chapter including: reproduction, access, modification, resale, etc., unless such rights are specifically allowed in formal written agreement between the City of Kent and the artist. Complete conservation records that include: Specific materials and sources used in the execution of the piece. . 6 - Methods of fabrication including diagrams and names of fabricators. Installation specifications. methods. description and diagram of structural support. company and persons involved in installation. Method and frequency of maintenance including routine maintenance requirements, cyclical maintenance requirements, recommendations and cautions about possible negative influences on work (such as climate, pollutants. sunlight, etc.) Desired appearance of work (for example; matte or glossy patina>. Estimate the Life of the work and guarantee work as provided in the contract. At some time during the proposed design phase, the artist may be required to make a public presentation at an appropriate forum in the community where the work will be placed. The Architect shall: Recommend to the Kent Arts Commission, and the appropriate City Department involved, specific areas for works of art and the appropriate scale and type of art for given project site. Consult with the artist, review the execution of the work of art at periodic intervals, provide engineering and technical assistance to the artist, if required, and supervise the delivery and installation of the work under contract. Assure that all utility service requirements for the work of art are met in the design documents and that the work may be installed with relative ease and be accessible for maintenance purposes. The Staff of the Kent Department of Parks and Recreation shall: Develop a City Art Plan in consultation with the Arts Commission, for the expenditure of monies deposited in the City Art Fund. Such programs shall be approved by the Arts Commission, and the City Council; Administer the City Art Program and Fund; Review each project and make recommendations; Develop an art selection jury membership roster; - 7 - Coordinate all competitions; including development and distribution of all competition announcements and prospectuses. Develop artist contracts following artist selection, for review and approval by Legal Department, City Administration, Mayor, and City Council. Recommend and implement necessary maintenance and repair procedures for City Art works. The Staff shall submit a quarterly activity report to the Arts Commission, City Administrator and Council, including: Procedure for complete selection process; Amount of funds to be expended for specific projects; location of the art work; Major milestones for each project -i.e., completion of selection, completion of the commissioning of artists, and final project completion. METHODS OF SELECTION. Direct Selection: The artist shall be chosen directly by advisory panel or jury or by the Arts Coordinator. Open Competition: Any artist, subject to any limitations established by Commission recommendation, may enter. Limited Competition: Artists will be selected and invited to enter. CRITERIA FOR SELECTION OF WORKS OF ART: Standard of Excellence: ~t~~J-JtJ~~-~-M-JJ/~~/J~ItM~!l~~-~~~tl~flf~t~•~Jt~~ art experts to be of exceptional quality and enduring value. Each proposed art in public places project will also be evaluated as to artistic excellence, appropriateness in terms of scale. material and context relative to the immediate and general architectural, social and historic context and long·term durability against vandalism, weather, theft and excessive maintenance. Appropriateness to Site: ~~J-tJ~~$MI~I~f/-tt~~~~/jM-JJ/~~It~~-~~~~~~/J~ terms of the physical dimensions, social dynamics, local character and surrounding urban context of the existing or planned site. - 8 - Elements and Design: The Advisory Panel, Art Selection Jury and the Artfst shall take into account that art in public places may function as: art standing alone, focal points, axial terminators, modifiers or definers of special spaces or establishers of identity. When deemed appropriate and beneficial by the Advisory Panel, City Art Program projects may be incorporated into the function and structure of facilities, (e.g. doors, windows, walkways, etc.) Permanence: Due consideration shall be given to structural and surface soundness and to permanence in terms of relative proof against age, theft, vandalism, weathering, excessive maintenance or repair costs. Acquisition: New works shall be commissioned or existing works may be acquired. PAYMENT TO THE ARTIST: Payment of the artist's basic services shall be at regular intervals. They shall be in proportion to services actually performed and completed. At no time shall the total payments received by the artist exceed the following Levels for the various stages of completion: Preliminary Design Phase Execution Phase Installation/Completion PLACEMENT OF WORKS OF ART: 40% 30% 30% Works of art selected and implemented shall be placed in, on or about any municipal construction project or other municipally-owned, Leased or rented property. Works of art may be attached or detached within or about such property, and may be either temporary or permanent. Placement of works of art shall be authorized by the City Council upon review and recommendation of the Arts Commission. Staff responsible for the design and construction of projects shall make appropriate space available for the placement of works of art. Criteria for Development and Selection of City Art Program Projects ALL City Art Program projects will be developed to respond to a specific site or building location with the exception of artworks purchased to circulate among various sites or facilities. Each project will be evaluated by the Arts - 9 - Commission. staff and Advisory Panel within the context of the City of Kent and Arts Commission goals and objectives, and written into the City Art Plan. The Arts Commission will identify priority projects and/or general locations for public artwork. The Arts Commission will seek to ensure that over time City Arts Program projects will be spread among a wide number of types of sites and specific locations in Kent. Commissions will be awarded to a wide variety of nationally and regionally recognized artists and will reflect an overall diversity of scale, aesthetic vocabulary, community values and forms of expression. City Art Program Budget: The Finance Department shall pay warrants from the Municipal Art Fund upon vouchers approved by the Staff and Parks Director. The Finance Department shall monitor expenditures from the City Art Fund. The Finance Department shall provide a summary reporting mechanism detailing the status of, and all activity within, the City Art Fund. This report shall be transmitted to the Staff and reviewed by the Arts Commission quarterly. EXECUTION OF WORKS: After an artist has been selected, the artist will enter into a contract with the City to perform the work, to be executed either by the artist or by an independent contractor as stated in the contracts. The City Council will authorize the contract with the artist. Publicity. The City of Kent, architect, artist, City Departments, Kent Arts Commission and their agents shall include in any publicity of the capital project prominent reference to the art contracted for under this ordinance. Local and Lay Advice. The Kent Arts Commission shall be receptive to advice from the general public which will benefit from public arts herein provided. Conflict of interest: All procedures shall be conducted and all decisions shall be made free of any conflict of interest. Professional Assistance: Where suitable, any appropriate professional or technical advice may be sought. MAINTENANCE AND CONSERVATION/~1/~~~~J/~1/~~7: The Department of Parks and Recreation Maintenance Division shall be responsible for the normal cleaning and maintenance and operation of the City's works of art. -10 - Unusual maintenance or repair of works of art shall be reviewed by the Staff, and appropriate measures will be taken to repair and/or maintain works of art. Unusual maintenance costs may be expended from the City Art Fund. Per artist's recommendation, Staff shall recommend the appropriate method of maintenance for each work of art. An annual review of the repair of the City's collection of art works shall be made, and a report shall be submitted by Staff to the Arts Commission and the City Council for review. Each work In the collection shall be properly marked with accession number and information and will be fully documented and entered into accession ledger. The accession ledger will be updated with each new collection acquisition. Facilities housing artworks shall keep the artwork clean. maintain the surrounding area and report damage or maintenance needs. Gifts of Works of Art: Proposed gifts of works of art are referred to the Kent Arts Commission for their review and recommendation to the City Council. Review is based on the quality of the work. maintenance requirements, conformance to structural and fabrication standards and applicable safety codes, donor conditions, availability of an appropriate site for the work. the advice of administrators at the proposed site and staff research. Proposed gifts of funds for the acquisition of works of art if restricted or dedicated in any way are reviewed to ensure that such restrictions or dedications are consistent with the goals of the Kent Arts Commission and the City of Kent. Proposed gifts of sites for works of art are reviewed by the Kent Arts Commission to ensure consistency with the Kent City Art Plan. Education and Public Involvement: A regular program of educational and promotional activities shall be part of each public art project. In addition to involving citizens in advisory panels and art selection juries, public involvement will be achieved through artists interaction with the community, use of the media, special events, exhibitions, tours, publications and public meetings. -11 - Public Art Review Process: Objectives: ~ To establish an orderly process for reviewing the status of public artwork. ~ To establish a procedure for removal or relocation of public works of art. Review Process: Review is initiated by the Arts Commission for one or more of the following reasons: ~ The condition or security of the artwork cannot be reasonably guaranteed. ~ The artwork requires excessive maintenance or has faulted design or workmanship and repair or remedy is impractical or unfeasible. ~ The artwork has been damaged and repair is impractical or unfeasible. ~ The artwork endangers public safety. ~ No suitable site is available or significant changes in the use. character or design of the site have occurred which effects the integrity of the work. ~ Significant adverse public reaction has continued unabated over an extended period of time. ~ The quality or authenticity of the artwork is called into question. ~ The sponsoring agency wishes to replace the artwork with a more appropriate work by the same artist. ~ Removal is requested by the artist. Review should include: ~ Review of the artists contract and other agreements which may pertain. ~ Discussion with the artist of the concern prompting review. -12 - ~ Opinions of more than one independent professional qualified to recommend on the concern prompting review (conservators. engineers, architects, critics, art historians. safety experts. etc.) ~ Review of written correspondence, press and other evidence of public debate. The Kent Arts Commission shall hold the review and make their recommendation to the City Council. Options to be Considered: ~ Maintain the work in the current site. ~ Relocation • the work was created for a specific site, relocation must be to a new site consistent with the artist's intention. The artists assistance may be sought. ~ Removal by sale, extended loan, trade or sift. Professional appraisals of the fair market value of the work should be obtained. ~ If feasible, the artist should be given option on purchase ~ Sale may be through auction, gallery resale or direct bidding by Individuals ~ Trade may be through artist. gallery museum or other institutions ~ Proceeds from the sale of work should be deposited into the City Art Fund. Any pre-existing contractural agreements between the artists and the Kent Arts Commission regarding resale shall be honored. ~ Destruction of the Work. If destruction of the work is the only solution, whenever practical the artist shall be given first opportunity to remove the piece. PROVISIONS FOR REVIEW AND AMENDMENT: These Guidelines are subject to periodic review and revisions by the Staff, and upon consultation by the Arts Commission and recommendations shall be submitted for City Council approval. 1006R·25R -13 •