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The Art in Public Places Committee (hereinafter “APP”) was created by Ordinance 1913 – 85 which was enacted by the West Palm Beach City Commission on November 18, 1985. The seven (7) APP committee members are appointed by the City Commission under Article VIII, Chapter 26 of the City’s Code.
The goals of the Art in Public Places program are:
- To enrich the public environment for both the residents of and visitors to the City by incorporating visual arts.
- To enhance and preserve the artistic heritage of the City of West Palm Beach.
- To enable the City of West Palm Beach to attain recognition as a national leader in Art in Public Places.
- To increase public access to, and promote an understanding and awareness of the visual arts.
- To enhance the climate for artistic creativity in Palm Beach County.
- To increase civic pride in our community.
Collaboration between the Design Consultant, his team and the City in the design process of new construction, shall be encouraged to promote the integration of art work, building, and site.
“Art in Pubic Places Staff”; City of West Palm Beach employees assigned by the City Manager to offer administrative support to the Art in Public Places Committee.
“Design Consultant”; the architect, landscape architect, engineer, interior designer or any other consultant acting as the prime consultant to the city of West Palm Beach providing design services for a project for which Art in Public Places is being considered.
“Public Places”; any place owned or operated by the City of West Palm Beach including, but not limited to, buildings, parks and open spaces.
“Work of Art”; the application of skill and taste in the creation of tangible objects according to aesthetic principles including, but not limited to, paintings, sculpture, engravings, carvings, frescos, mobiles, murals, collages, mosaics, statues, bas-reliefs, tapestries, photographs, drawings and landscape design.
APP Powers, Functions and Duties
The City Commission in Ordinance 1913-85 established that the APP shall:
- Advise the City Commission on the adoption of policies and procedures to acquire, commission and maintain works of art in public places;
- Sponsor public information and advocacy efforts on behalf of art in public places;
- Advocate the enactment of public laws relating to art in public places;
- Identify sites and sources of funding for art in public places exhibitions;
- Sponsor or endorse exhibitions of art in public places in any of the following ways:
- Identify loaned or donated works of art for publicly owner or publicly accessible site;
- Identify appropriate commissioned works of art for publicly owned or publicly accessible sites;
- Identify an artist or works of art for publicly owned or publicly accessible sites;
- Identify a work of art from several proposals submitted by an approved artist for a publicly owned or publicly accessible site;
- Endorse an approved work of art for a publicly owned or publicly accessible site;
- Perform such other functions and duties as are conferred upon it by ordinance of the City commission.
Art Work Selection Procedures
Art work may be acquired by commissioning new work specifically for a site, purchasing existing art work or securing art work on loan. Selections are made in accordance with the criteria set forth in these guidelines and the following procedures;
- Selection Committee: The selection committee is the APP Committee.
- Selection Methods: Art work may be selected through direct selection, invitation or open competition;
- Selection Process for the Commission or Acquisition of Art Work:
- Direct Selection of Commissioned Work - The APP selects a limited number of artists on the basis of a review of their work. The selected artists are invited to prepare a proposal or presentation for a project. The APP then reviews the proposals and makes recommendations to the City Commission.
- Direct Selection of Acquired Work - the APP selects a work of art on the basis if a review of work available for acquisition. The APP then makes its recommendation to the City Commission.
- Open Competition - The APP reviews proposals submitted by artists in response to an open competition and, 1) recommends and artist for acquisition or commission 2) recommends a limited number of artists who are requested to develop more detailed proposals. The APP then reviews the proposals and makes recommendations, or 3) recommends against the selection of any artist responding to an open competition and reverts to the Direct Selection process referenced above.
- Selection Process For Loaned Art Work: The City of West Palm Beach will present to the APP applications submitted by artists to be considered for display. The artists are required to submit photos, models, or sketches representative of their general work. The APP will review each submission and select the works of art to be displayed.
- Artist Register: A master file of interested and qualified artists will be maintained by the APP. Persons interested in the APP Program may register directly with the staff coordinator. Appropriate public notices will be given from time to time in a newspaper of general circulation announcing art acquisitions or commissions. Every effort will be made to notify all artists in the master file who work in the medium to be considered.
- Eligibility of Design Consultant: The design consultant, or his team on occasion, may have someone on staff who is qualified to design a work of art. Such persons shall not be prohibited from being considered as an official artist.
- Review of Artist work by City Departments: Prior to its recommendation to the City Commission, the APP shall secure the review and comment of the head of the Department responsible for the public improvement on, or within, which a work of art is being proposed. The comments of the Department Head shall be forwarded to the City Commission.
- APP Recommendation: The recommendations of the West Palm Beach APP to the City Commission shall be advisory only, and may or may not be consistent with similar recommendations made to the City Commission by the City of West Palm Beach Planning Board, the West Palm Beach Parks and Recreation Board, or any other Board relating to the art in public places.
- City Commission Approval: Each recommendation for commission or acquisition shall be submitted for consideration of approval by the City Commission. Approval shall require a majority vote of a quorum present at a duly called meeting of the City Commission.
- Art Appraisals: When the acquisition or donation of existing works of art is being considered, consultants may be needed to make an appraisal of the value of such existing works for sale or donation. The appraised value of any donated works shall be credited toward the requirements as set forth in the funding allocation Ordinance, if applicable.
Art Selection Criteria
- Standard of Excellence: Art acquired or loaned for Art in Public Places use shall, in the judgment of recognized art experts, be of exceptional quality and enduring value.
- Appropriateness: The relationship between a work of art and the site or building location being considered shall be evaluated in terms of the physical dimensions, character and surrounding context of the site or building, both existing and planned.
- Qualifications as a “work of art”: Only works or art, as defined by these guidelines, shall be considered for acquisition. The following shall not be considered:
- Reproductions or unlimited editions of original art work.
- Art objects which are mass produced.
- Works that are decorative, ornamental or functional elements of the architecture or landscape design, except when commissioned from an artist as an integral aspect of a structure or site.
- Architectural rehabilitation or historical preservation.
- Design Style Focus: In concert with the development of the City of West Palm Beach, which principally features contemporary architecture, the focus of Art in Public Places acquisitions shall be contemporary art. This shall not, however, preclude the acquisition or display of important historical works which provide a context for contemporary art.
- Diversity: Recognizing the multi-cultural nature of the City’s population, the APP shall promote diversity and pluralism in Art in Public Places, which shall reflect as wide a range of expression as possible.
- Climatic Considerations: Artists are challenged to respond innovatively to the City of West Palm Beach sub-tropical environment.
- New Commissions / Existing Works: In order to encourage works which respond to the City’s character and specific settings, the commission of new works shall have priority over purchase of existing works.
- Acquisitions and Commissions: A standard form of contract as approved by the City Attorney shall be used for any contracts between the City and artist. The contract with the artists shall set the scope of the work and the artists’ full responsibilities, and shall set forth the relationship between the artist, the design consultant and the City of West Palm Beach and Art in Public Places Committee.
The advice and assistance rendered by the design consultant to the artist shall be considered part of his basic fee and shall not be billed separately. Any installation work contracted for the artist with any construction firm, shall be separately negotiated by the artist.
Following the final approval of an acquisition, commission or loan, the City of West Palm Beach shall prepare and negotiate the contract for purchase, commission or insurance for the art work. The contract or agreement shall be approved by the City Commission or City Manager, and executed by the City Manager, or his designee. The City Manager or his designee will be responsible for the administration of the contract with the artist.
- Loaned Works: The APP staff shall develop a standard agreement or contract between the City and the Artist for the duration of the display under the APP Loan Program. The agreement will be approved by the City Attorney and executed by the City Manager, or his designee.
- Insurance – The City through its Risk Management Division shall insure all art objects on loan for the duration of the agreement between the City and the artist. The value of the art work will be determined and submitted to the City by the artist(s) for establishing insurance coverage.
APP Program Funding
As specified in the City’s Art in Public Places Funding Allocation Ordinance, the Art in Public Places Program provides for the setting aside of not less than 1% of the construction cost of certain new public improvements in the City of West Palm Beach for works of art. The City will maintain an APP 1% account, wherein, funds for art may be aggregated and may be used for acquisition of works of art in, on, or near new or existing City or government building or other public improvements and for program opening costs. The 1% Funding Allocation shall be capped at One Hundred and Fifty Thousand Dollars ($150,000.00) per budget year.
The APP oversees the implementation of individual art work projects in accordance with an annual Action Plan and these implementation guidelines.
- 1) 1% of Public Improvements Budget Allocation: If the entire 1% for Art in Public Places budget is not used for a given improvement, the remainder will be placed in the APP 1% account. Monies in the APP 1% account may be used for the following purposes:
- Administrative costs incidental to the implementation of the 1% Ordinance.
- Transportation insurance for art work acquired under the Funding Allocation Ordinance.
- Repair and maintenance of art work acquired under the Funding Allocation Ordinance.
- Acquisition of works of art in, on or near public places which have already been constructed or improved.
- To supplement appropriations for other works of art under the 1% Ordinance.
Monies in the APP 1% account shall be used to foster the intent of the 1% Ordinance and shall not remain unexpended for an unreasonable length of time.
Waiver of Requirement: A waiver of the art funding requirements of the 1% Ordinance, either in total or in part, may be approved only by resolution by the City Commission, when such an expenditure may be considered to be inappropriate and will not effectively and/or aesthetically enhance the public improvement project.
- 2) Donations: the City Commission shall refer to the APP proposed donations of works of art or funds for the acquisition of works of art for public places from the private sector. Acceptance or rejection of proposed gifts shall be based on the criteria and policies established in these guidelines.
- Gifts of Work of Art: Proposed gifts to the City of works of art or funds for the acquisition of works of art, or sites for works of art, are considered as follows:
- Proposed gifts of works of art are referred to the APP for review and recommendations to the City Commission. Review is based on the criteria established in these guidelines, the work’s condition, appropriateness for a given available site and its maintenance acceptability.
- 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 these guidelines.
- Proposed gifts of sites for works of art are reviewed by the APP to ensure consistency with these guidelines.
- Grants: The APP shall regularly evaluate the availability of private and publicly funded grants to support the Art in Public Places program.
Ownership of all works of art commissioned by the City of West Palm Beach under Ordinance 1913-85 is vested in the City.
Care and Maintenance of Art Work
The City of West Palm Beach shall be responsible for the care and maintenance of art work acquired under the City’s Art in Public Places Program. The City’s Risk Management Division shall ensure that each work of art is inventoried and properly ensured. A program providing for the care and maintenance of art in public places will be developed and administered by the Art in Public Places staff. The program will provide for location, documentation, condition monitoring and repair or relocation of art works.
The art work selection, acquisition and installation process will be accurately recorded, and the location of each piece acquired or displayed will be fully documented by the APP.
Inventory – An inventory of art work sites will be established and continually updated to include for each site current information on the extent of public access, special user groups, environmental conditions, the surrounding community, and the design and construction schedule for each site.
Use of Consultants Services and Agreements
From time to time, consultants may be needed to advise the City and perform other important work items including:
- Appraising the value of existing works of art of sale.
- Collection and correlation of professional information.
- Identification of artists.
- Assistance in presentation.
- Assistance in community education programs.
- Liaison between artist, design consultant and the public.
- Assistance to APP.
All and any consultant(s) agreements shall be approved by the City Commission as appropriate under current regulations.
Public Awareness and Community Education
The APP recognizes that works of art often significantly alter public places and stimulate the emotions of the public. The APP Program shall endeavor to broaden community awareness and understanding of art forms so that they may be appreciated and positively received.
Public Awareness and education activities will be supported to bring the public, the visual arts and artists closer together through informed discussion of art in public places, its history and benefits. Extensive efforts will be made to promote art in public places as a significant cultural resource to residents and visitors.
Working with local artists and community organizations and with both the print and broadcast media, the APP seeks to develop a greater awareness of the City’s Art in Public Places Program. Activities may include conferences, symposia, tours, receptions, printed materials and exhibits, special media programming, cooperative programs with educational and arts institutions and organization, special activities coinciding with art work dedications and other events in the community.
The APP, on an annual basis, shall prepare an action plan. The action plan shall address, at a minimum, the expenditure monies available to the Art in Public Places program through the Funding Allocation Ordinance, as well as through the general revenue budget allocation made by the City Commission. At a minimum the action plan shall outline the intended expenditure of such funds for the following fiscal year and may include funding for subsequent years should long term projects dictate such consideration. The action plan shall specifically address the acquisition, commissioning or loan of art works, as well as any other programs or expenditures required in order to advance the goals of the Art in Public Places Program. These shall include any educational and informational programs proposed to be undertaken by the committee, as well as all administrative costs associated with the Art in Public Places Program.
Affirmative Action Statement
APP will take all necessary action to ensure that in its consideration deliberations including selection of artists, consultants and works of art, persons are treated without regard to sex, race, creed, color or national origin. APP will state in all solicitations or advertisements for consultants, works of art or artists that all qualified applicants will receive consideration without regard to sex, race, creed, color or national origin.