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Item 3A - Town Center Art District ProjectACENDAJTEM: SUBMITTED BY: DATE: BACKGROUND: CITY OF A TLANT l C BEACH CITY COMMISS ION MEETJNC STAFF REPORT Town Cen ter Art District Projccl Jeremy Hub scJ1 Building and Zo nin g Direc tor March !0, 2015 ACI.l:NOA ITEM 113A APRIL 13,20 15 Th e Beaches Town Center Agency (BTCA) wou ld li ke to c reate a public mt program at the Beaches Town Center. Given th e limited space avai lable at the Town Center, the proposed public art wi ll be placed in Atl a nti c Beach 's right of way. Per cit y code, this must be approved by the Atl&ntic Beach C ity Co mmi ss ion. The BTCA ha s created a seven page document that provides guidelines for the project (see attached). The BTCA would like approva l from the city to in stall the public art a t defined location s (sec attached map). The BTCA plan s to create an A1i Selection Panel to select the best submi tted projects. The gu id e lines state that acceptable artwork may be mixed media, sculpture, g lass , clay, and others; previously existin g art; commiss ioned art; and site specific commiss ions. The guidel in es stipul ate that at least 85% of the works will be from residents of the Jacksonville Metropolitan Area. The art wi ll be pa id for by the BTCA. T he guidelines state that "the art will reflect generally accepted community standards of aesthetic appea l and artist ic expression" and that it wi ll be ''appropriate for the str eetsca pe as well as the audience it serves". Staff would like to recommend that an additional sentence be ad ded to the guidelines which states that "no political , reli gious, or sex ually explicit artwork will be accepted". The guidelines as written do ha ve some remedy for the city in the event t hat artwork is deemed offens ive. T hey state, "The City of Atlantic Beach will retain ownership of the work, and COAB w ill have rights to remove work arter 6 months , if the work is deemed unsuitabl e to the pub li c. The rem oved work will be retumctl to the BTCA for alternate placement s ites." The City will complete a rev iew of the proposed location s to ensure there are not any public safety conce rn s . This will be completed prior to :final approval from City Commission. BUDGET: None. RECOMMEND A TJON: Approve BTCA Public Arl District Proposal ATTACHMENTS: Art Di strict Guid elin es; Map o f proposed locations REVIEWED BY CITY MANAGER: AGENDA ITEM #3A APRIL 13, 2015 Beaches Town center Art District 2014 ·2015 1. ART GUIDELINES The Beaches Town Center Agency (BTCA) is responsible for setting appropriate standards for art selection and for determining the proper placement of the work. The consideration of the following areas will be integral to the BTCA process. a. BTCA Art shall be: • Excellent in creative expression and technical execution • Contemporary in terms of the best of current and relevant creative thinking • Varied in terms of aesthetic direction, materials, scale, and range of expression • Diverse in the origins and backgrounds of the artists • Appropriate for the streetscape as well as the audience it serves • No political, religious, or sexually explicit artwork will be accepted b. Placement of Art Art is to be placed in locations that are easily accessible to the public, both visually and physically. See concept sketch, 11-30-14. Security will also be a consideration when evaluating potential locations of art. c. Standards Works of art selected will be original works whenever feasible, not mass-produced or of standard design. Art will reflect generally accepted community standards of aesthetic appeal and artistic expression. Art will be created by artists of appropriate status and recognized by art professionals for excellence of their previous work and the suitability of their current work for a particular project. Materials and fabrication processes of artwork must be suitable for the specific installation site, particularly the proposed exterior sites. Considerations will include material durability, maintenance concerns, effects of vandalism and graffiti, as well as natural deterioration. New materials and regional climate effects require special consideration. d. Forms of Artwork Acceptable forms of artwork shall include visual arts mediums, including, but not limited to, mixed media, sculpture, glass, clay, and others. Existing art or art previously produced by an artist and available for purchase may be considered in any situation. 1 AGENDA ITEM #3A APRIL 13, 2015 2. ARTISTS Commissioned art designed to accommodate large or unusual spaces Site-specific commissions which involve collaboration between the artist and the site will be considered to create art that is integrated with the streetscape. Work (commissioned or purchased) will be selected according to the above guidelines and artists must meet the following qualifications. a. Qualifications Residency: The ASP will seek to ensure that at least 85 percent of the selected artists in the BTCA Collection will reside in Duval, St. Johns, Clay, Baker or Nassau counties. Experience: Purchases or commissions for the project will be limited to experienced artists. Artists must have experience exhibiting their work, educational credentials, and in the case of commissions, demonstrated successful experience executing commissioned work on a contract basis. The reputation and critical success of each artist will be taken into consideration. b. Resources Collaboration: Collaboration between two or more artists in the design of a single project is acceptable. Art professionals participating in the art selection process are encouraged to recommend artists for consideration. c. Payments to Artists In most cases, payment for art purchased will be made directly by the BTCA to the artist. Artists represented by agents, galleries, or consultants must provide a written statement requesting that payment for existing work be made to such representative. Commission Agreement Contracts will be made between the BTCA and the artist. Artists represented by these agents, galleries or consultants may have separate agreements with these representatives regarding sales; however, these agreements will not be part of the Agreement Contract with the BTCA. Artists will submit invoices to the BTCA according to a pre-defined format approved by the BTCA. For existing work, this will include a description of the artwork, title, medium, size, date and price. Statements regarding copyright/ownership/maintenance as prescribed by the BTCA (see Artists Responsibilities below) will also be included. Once approved by BTCA, invoices will be for payment. 2 d. Restrictions Artists who will not be eligible for the project are: • Members of the BTCA Board of Directors or staff. AGENDA ITEM #3A APRIL 13, 2015 • Students working under the supervision of an instructor or submitting a work created as a student project. e. Artist Responsibilities Artists commissioned to create art for the project will have certain responsibilities, all of which will be stated in the Agreement Contract. They will include but not be limited to the following: • Guarantee to maintain artwork against all defects for a period of no less than one year after installation. • Provide long term maintenance instructions and complete description of materials and installation process. • Work with BTCA Art Selection Panel to assure compatibility of artwork design and installation with architectural and structural issues. • Participate in community outreach efforts, as appropriate. 3. ART SELECTION PROCESS The BTCA will form an Art Selection Panel to select works from artist submissions. a. Policies The Art Selection Process will, in every case, abide by the policies regarding Art Guidelines, Artists, and Art Allocation described above. For each project, selection will consider aesthetic merit and suitability for the site and its neighborhood. Issues of durability, maintenance, and conservation must also be satisfied. An artist's selection for a commissioned project will be primarily based upon the quality of past work and the appropriateness of the artist's work for the site, as well as the artist's ability to respond to the distinctive character of a specific site. b. Structure of an Art Selection Panel (ASP) Membership of an ASP will be appointed by the BTCA will consist of up to four members including a Chair. The chair shall be a member or honorary member of BTCA appointed by the BTCA president. 3 AGENDA ITEM #3A APRIL 13, 2015 Membership: • One representative of the site (Board member) • One design professional associated with the streetscape design. • Two artists or art professionals. The function of the Art Selection Panel is to make selections of art/artists to be commissioned for the project. d. Art Selection Panel/Art Advisory Committee procedures are as follows: • Review Project Package • Discuss and reach consensus regarding: 1. Aesthetic direction 2. Preferred qualities of the artist to be hired. 3. Preferred materials and scale (if such specificity is desired) 4. Method of artist outreach. e. Calls for Artists The following are suggested ways or arts commission: 1. Limited Competition: An invitation to a limited number of artists to prepare proposals for a specific project. 2. Direct Purchase: The purchase of existing work. 3. Invitational Commission: The selection of a specific artist for commission. f. Preparation The APC will develop a project package with specific guidelines for each art project. The package will include the following information: 1. A budget which includes the cost of the art and related expenses such as transportation and installation, proposal fees and travel reimbursements for artists; plaques and other documentation 2. A recommendation for a type of art appropriate for the site (painting, sculpture, etc.) 3. A recommendation regarding the purchase of existing work verses the commission of new work 4. Notes regarding long term maintenance concerns g. Recommendation/Acceptance/Rejection 4 AGENDA ITEM #3A APRIL 13, 2015 Recommendation The ASP will make all selections based on the criteria listed above. If an existing work is recommended for purchase, the selected artist will arrange for its delivery. Upon arrival, ASP will examine the work to determine its condition. If it is not in excellent condition, the work will be returned to the artist for satisfactory repair. If the work cannot be repaired, another recommendation will be made by the same ASP. In the case of a proposed commission, ASP will select work from the artist proposals. Acceptance Existing work: APC will contact the artist and request an invoice for the amount stated on the artist's price list. Rejection Commission: APC will contact the artist to request a proposal and to arrange the proposal agreement If the proposal was submitted and accepted, contract arrangements will begin. If the ASP rejects the artist proposal, the work will be returned to the artist. 4. COMMISSION PROCEDURE All art commissions proposed for the project will be on a contract basis. All commissions will include a proposal phase. The ASP will: a. Review previous work by proposed artists and select one (or more) to complete a proposal b. Invite selected artists to interview with or present proposals. A proposal shall contain: • A model, drawing, or other visuals to communicate the artist's concept • A budget, to include the artist's fee, cost of materials, fabrication, installation, shipping, insurance, travel and other related expenses • Timeline including design, fabrication, installation, etc. c. Finalization Policy In general, the following procedures will be used to initiate and execute an art commission: 5 AGENDA ITEM #3A APRIL 13, 2015 • A site visit for artist(s) will be arranged to include meetings with the site architect, and presentations to ASP. • Artist meetings and means for future communication will be arranged as needed. • ASP accepts, rejects or requests modifications to the proposal. • Upon approval of proposal, complete a contract with the artist, specifying all conditions of the commission. • Payment for commissions may be made on a schedule, including an initial deposit upon signing the contract and additional payments at specified stages of completion. • In addition to describing the scope of the artist's work, contracts will also specify terms related to insurance, shipping standards, liability, and recourse in case of disagreement or rejection of completed work. • The ASP will monitor progress of all commissions. • The ASP will coordinate with the artist, design and construction teams regarding site preparation, construction schedule, and all other issues pertinent to the installation of the commissioned work. • A plaque or label must be provided for each work as specified. • Document project including inventory and maintenance requirements as required by the ASP. • The City of Atlantic Beach will retain ownership of the work, and COAB will have rights to remove work after 6 months, if the work is deemed unsuitable to the public. 5. INSTALLATION AND PRESENTATION BTCA is charged with the installation and appropriate presentation of all works to achieve the maximum aesthetic impact while considering access and security measures. Installation and presentation costs must be budgeted in art costs as noted in the project package for existing work or included in the artist's budget as shown in the commission contract. a. Existing work The APS will arrange for the installation of work at each facility according to the following guidelines: 1. Freestanding works must be securely attached to the pedestal unless judged to be of a weight/solidity that poses no danger of the work moving. Approval by the AB Department of Public Works is necessary for this exception. 2. Pedestals, required for freestanding works, will be designed by the artist or by the APC to create a standard design for most works. b. Commissioned Art/Site-Specific Art Installation of commissioned art will be by the artist or supervised by the artist. A description and cost will 6 AGENDA ITEM #3A APRIL 13,2015 be included in the artist's Commission Agreement Contract. c. Plaques Plaques will identify each work of art in the district. Plaques will be located in clear visual proximity of the work of art, such as the lower right corner of a pedestal. When possible, plaques should be placed in a consistent location. • Name of artist (city of residence) • Title of work (date of installation) • Medium of work An identification plaque is the responsibility of the artist. The content and format will be outlined by the ASP. Project budgets will include the costs of plaques. 6. SITE PREPARATION In certain cases, particularly with site-specific commissions, special preparation or modification of a site may be required for the installation of an artwork. ASP is responsible for determining, at the outset of a project, the possible need for such adjustments and requesting APPP Staff to follow certain procedures, such as: • Coordinate with the artist and appropriate members of the project team, including program manager, architect or others, as appropriate to determine exact requirements. In order to contain costs related to site preparation, the ASP will follow procedures for commissioning art in a timely manner, thus minimizing the need for site modifications following construction. 7. OWNERSHIP/COPYRIGHT 1.) Copyright and other moral rights of artists including those covered in the Visual Artists Right Act of 1990 will be addressed in all Agreement Contracts or purchase agreements related to art acquisitions. 2.) Once the work is installed the COAB will review the work for completion for a period of no more than 30 days. Once the work is accepted the COAB will accept ownership and maintenance of the works, for the life of the work. 7 3-26-15 END Mr. Greg Kupperman BTCA President Mr. Nelson Van Liere City of Atlantic Beach AGENDA .ITEM #3A APRIL 13, 2015 Date Date 8 ONE OCEAN PARKING lOT r I ONE OCEAN OCEAN 60 11-10-14 1- LJ.J UJ cr: 1- (/) z cr: UJ I <( y __ ----