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Program Policies & Guidelines

POLICIES and GUIDELINES for the PUBLIC ART PROGRAM

Excerpted from the POLICIES AND GUIDELINES for the CIVIC ART COLLECTION of the CITY and COUNTY of SAN FRANCISCO UNDER THE JURISDICTION OF THE SAN FRANCISCO ARTS COMMISION

INTRODUCTION
The intent of the Civic Art Collection is to promote a rich, diverse, and stimulating cultural environment in order to enrich the lives of the city’s residents, visitors and employees, and to enhance the City’s image both nationally and internationally. The San Francisco Arts Commission is committed to acquiring works of art for the Civic Art Collection that meet the highest aesthetic standards, and that are reflective of diverse social and cultural perspectives. Acquisition by the City and County of San Francisco implies a commitment to the preservation, protection and display of the artwork for the public benefit.

This document establishes policies and procedures for the acquisition, placement, care, and management of works of art for the art collection of the City and County of San Francisco. All artworks owned by the City and County of San Francisco are under the jurisdiction of the San Francisco Arts Commission, whether acquired through the Art Enrichment Ordinance, Gifts or Bequests, or by any other method and are governed by the following policies.

1 DEFINITIONS:
1.1 Accession: The formal process used to accept an artwork into the Civic Art Collection and record an item as a Collection Object.

1.2 Administrative Code: Administration Code of the City and County of San Francisco. May be modified by a majority vote of the Board of Supervisors.

1.3 Arts Commission: Charter mandated department governed by 15 members appointed by the mayor, in addition to one ex-officio member. The make-up, function, powers, and duties of the Arts Commission are defined in the City Charter.

1.4 Artist: Individual, team of individual artists, or artist team leader of individuals from other disciplines whose body of work and professional activities demonstrates serious ongoing commitment to the fine arts.

1.5 Artist Fees: Artist fees refer to that portion of the project budget reserved for payment to the artist for his/her creative services for design, fabrication, and project management services. Fees do not include other labor, materials, travel, and per diem allowances for out-of-town artists.

1.6 Art Enrichment or Public Art: For the purposes of this document, these two terms are interchangeable. Refers to works of art purchased or commissioned with funds generated by the Art Enrichment Ordinance.

1.7 Art Enrichment Ordinance: Refers to Section 3.19 of the San Francisco City Administrative Code, which is the enabling legislation for the Arts Commission’s public art program. The ordinance mandates that 2% of gross estimated construction cost of a wide range of civic construction to be allocated for acquisition of artwork, with specified exemptions (see Appendix A).

1.8 Art Enrichment Allocation Report: A form submitted by a city department with a capital improvement project that provides basic project information, the total construction budget, and the art enrichment allocation based on that budget. This form must be submitted to the Arts Commission before any project can be scheduled for Civic Design Review.

1.9 Artwork or Work of Art: Artwork, or Work of Art, is defined as including, but is not limited to, paintings, drawing, murals in any media, stained glass, statues, bas relief or other sculptures; environmental artworks or public places designed by Artists; monuments, fountains, arches or other structures of a permanent or temporary character intended for ornament or commemoration, integrated and functional architectural elements designed by the Artist, video and other media-based works.

1.10 Capital Improvement Project (CIP): The construction or alteration of a building, above ground structure, new park, or transportation improvement project as defined in the Art Enrichment Ordinance.

1.11 City Charter: The City Charter of the City and County of San Francisco. Provisions of the City Charter may be changed only by a vote of 2/3rds of the voters.

1.12 Civic Art Collection or Collection: The Civic Art Collection is comprised of artworks that have been accessioned by the Arts Commission on behalf of the City and County, or are otherwise under the jurisdiction of the Commission.

1.13 Civic Art Collection Program: The Arts Commission program responsible for the care, maintenance, and management of the Civic Art Collection.

1.14 Civic Art Collection Program Director: The Arts Commission staff position responsible for Civic Art Collection Program.

1.15 Civic Design Committee (CDC): The Civic Design Committee is a subcommittee of the Arts Commission. The responsibility or the Civic Design committee is to review and recommend design approval to the full Arts Commission of all new construction, remodeling, or renovation or City-owned structures, streets, signs and bridges. Civic Design approval is awarded in three phases: at schematics, design development, and construction documents.

1.16 Civic Design Committee Coordinator: Arts Commission staff member who coordinates the activities of the CDC.

1.17 Client Agency:The city department conducting the capital improvement project that generates art enrichment funds, and the recipient of the art enrichment purchased or commissioned by the Arts Commission for a particular capital improvement project.

1.18 Collection Object: A Collection Object is a work of art that has been accessioned into the Civic Art Collection.

1.19 Deaccession: Deaccessioning is defined as the process of removing an object permanently from the collection, usually through sale or exchange or any other transactions by which title of outgoing works of art are transferred from the collection to another institution or individual. Under certain conditions, it may also include disposal by intentional destruction.

1.20 Director of Cultural Affairs: The Director of Cultural Affairs is the Chief Executive Officer of the San Francisco Arts Commission.

1.21 Director of the Public Art Program: The Director of the San Francisco Arts Commission’s Public Art Program.

1.22 Department of Public Works: City department charged with overseeing city capital improvement projects, including architectural and engineering design and construction management.

1.23 Human Rights Commission: City department that monitors city contracts to insure non-discrimination/affirmative action for employment as well as equitable participation of minority and women-owned businesses.

1.24 Implementation Budget: All costs associated with project implementation exclusive design costs, including artist and consultant fees, engineering/architectural services, taxes and permit fees. The implementation budget includes fabrication, transportation, installation, insurance, bonding, related labor and materials costs.

1.25 Maquette Honorarium: Modest payment made to each public art project finalist for a proposal maquette.

1.26 Monuments: Structures, sculpture or other objects erected to commemorate a person or an event.

1.27 Plaque: For the purpose of this document "plaque" refers to identification signage affixed on or near an artwork that identifies the title, artist, media, etc.

1.28 Project Budget: Art enrichment funds exclusive of Arts Commission administrative fee.

1.29 Proposal Maquette: A preliminary design proposal in the form of drawings and/or models illustrating a proposed public art project typically requested from a limited number of finalists as a means of providing the basis for final artist selection.

1.30 Public Art: See Art Enrichment.

1.31 Public Art Program: The Arts Commission program that administers the purchase and/or commissioning of artworks acquired as a result of the Art Enrichment Ordinance. For the purposes of this document Public Art Program and Art Enrichment Program are interchangeable.

1.32 Public Art Project Manager (PAPM): For the purposes of this document, Public Art Project Manager (PAPM) will refer specifically to the Arts Commission staff members who are responsible for project management for the Commission’s public art program.

1.33 Selection Panel: An ad hoc panel whose charge is to review potential candidates and/or art proposals and make a recommendation to the Arts Commission for the selection of an artist(s) and/or art proposal(s).

1.34 Visual Arts Committee (VAC): The sub-committee of the Arts Commission that reviews and approves all programs, activities, acquisitions, proposals and projects related to the visual arts within the jurisdictional purview of the Arts Commission.

2 CHARTER RESPONSIBILITIES OF THE SAN FRANCISCO ARTS COMMISSION:
Charter Section: 5.103 assigns the following powers, responsibilities and duties to the Arts Commission relative to the Civic Art Collection: (See Appendix A for full text)

2.1 Approve the designs for all public structures, private structure which extend over or upon any public property and yards, courts, setbacks or usable open spaces which are an integral part of any such structures.

2.2 Approve the design and location of all works of art before they are acquired, transferred or sold by the City and County, or are placed upon or removed from City and County Property, or are altered in any way; maintain and keep and inventory of works of art owned by the City and County.

3 ROLES AND RESPONSIBILITIES:

3.1 Arts Commission: By City Charter, a legal quorum of the Arts Commission must approve by Resolution all works of art to be accessioned into the Civic Art Collection. The Visual Arts Committee, a subcommittee of the full commission, recommends actions which are submitted to the full commission for approval by Resolution.

3.2 Visual Arts Committee (VAC): The responsibility of the Visual Arts Committee is to review and make recommendations to the full Arts Commission relative to the purchase and/or commissioning of art works. Duties include, but are not limited to the following:

  • Establish and approve public art program policies and guidelines.
  • For each new public art project, establish and approve the project parameters, including artist selection process and selection criteria, project budget and a list of prospective selection panelist members.
  • Appoint a member of the VAC to serve as a member on selection panel appointed by the Committee.
  • Review and act on selection panel recommendations and submit to the full Arts Commission for a Resolution.
  • Approve proposals (design and budget) for works of public art at each stage of development: conceptual proposal, design development and construction documents.
  • Approve completed works of art as installed, and recommend Arts Commission acceptance of the work into the Civic Art Collection.
  • If at any point the Committee does not give its approval for any of the above, the Committee shall take action as defined under Section 4.13, Recourse.

3.3 Civic Design Committee: For the Public Art Program, the responsibilities of the Civic Design Committee include, but are not limited to the following:

  • Ensure that Civic Design applicants have submitted a completed Art Enrichment Survey Form prior to Phase One Review and initiated discussion with the Public Art staff regarding opportunities for artist involvement (attached as Appendix B).
  • Non-compliance on the part of the client agency with the public art program may result in refusal by the Civic Design Committee to engage Phase 2 or 3 review.
  • At the request of the Visual Arts Committee, the Civic Design Committee may review proposals for art work that may have architectural or urban design implications and make recommendations and comments to the Visual Arts Committee as needed.
  • When proposed public art projects have overlapping jurisdiction or interests, a joint meeting of the Visual Arts and Civic Design Committees may be scheduled at the request of either committee or the full Commission.

3.3.1 Civic Design Committee Coordinator: Ensures that the city departments seeking CDC approval submit the Art Enrichment Survey Form prior to being scheduled for Phase One review.

3.4 Director of Cultural Affairs: The Director of Cultural Affairs is the top executive for the Arts Commission and as such has broad authority and may take action, without resolution from the full Commission on the following items:

  • Can approve payments for services provided by artists, contractors and consultants and for the services provided by: printers, graphic designers, photographers, signage fabricators and installers and photo labs and for additional project expenses that do not require design approval by the Commission.
  • Can approve the start-up of new art enrichment projects including determination of overall project parameters.
  • Can approve short-listed candidates recommended by Selection Panels.
  • Can approve entering into preliminary design contracts where the selection is not based upon submission of a specific design proposal with artists recommended by Selection Panels for new art enrichment projects.

3.5 Director of the Public Art Program and Public Art Project Managers: The Public Art Project Managers are responsible for the overall management of all Art Enrichment projects from inception to completion. The PAPM’s responsibilities shall include, but not be limited to the following:

  • Work with the Client Agency to develop project guidelines, criteria and budget for each project and facilitate inter-agency communication and interaction throughout the life of the project.
  • Develop and implement artist recruitment plan for submission to the Human Rights Commission for approval.
  • Identify qualified individuals to serve as Selection Panel members and make recommendations to the Visual Arts Committee for approval.
  • Meet with public and/or local community at key intervals in project development during artist recruitment process and art proposal development to allow for input, comment and review.
  • Review applicant materials and qualifications; pre-screen applicant pool to select a slate of qualified candidates for review by the Selection Panel.
  • Prepare artist materials for presentation.
  • Schedule panel meeting dates.
  • Chair Selection Panel meetings; record panel votes and panelist comments and maintain panel score sheets.
  • Solicit review, comment and/or approvals for proposed works of art from the client agency and other City departments as necessary regarding safety, feasibility and maintenance issues.
  • Encourage community involvement by convening and facilitating public meetings relative to the project.
  • Negotiate and administer contracts; review and approve general contractor bid documents as they pertain to the implementation of the Art Enrichment project.
  • Work with the client agency and project team to coordinate the roles and responsibilities of design professionals, artist, and general contractor relative to the Art Enrichment project.
  • Consult with the Civic Art Collection Program Director and professional conservators when appropriate regarding possible conservation and maintenance issues.
  • Provide project management services as necessary throughout all phases of the project and provide periodic reports to the Visual Arts Committee and Director of Cultural Affairs.
  • Work with the Commission’s Public Information Officer to prepare and distribute publicity concerning the Public Art Program and specific projects.
  • Prepare and implement disability access plan for both physical and programmatic access to commissioned artworks.
  • Provide Civic Art Collection Program Director with project file and project/object information for cataloguing.

3.6 Civic Art Collection Program Director: For the Public Art Program, the Civic Art Collections Program Director’s responsibilities include but are not limited to:

  • Providing advice and expertise to the Public Art Program Project Managers, their clients and members of the Visual Arts Committee and Selection Panel regarding proposed projects. The Collection Manager shall review and advise as needed on issues related to the longevity of artwork materials and conservation and maintenance issues.
  • At the completion of a project, the Civic Art Collections Program Director submits a resolution to the Visual Arts Committee for formal acceptance of a completed work of art as part of the accessioning/documentation/cataloguing procedure (See Collections Management Chapter for further explanation of procedure).
  • Assigns Collection’s accession number to artworks accepted into the Collection.

3.7 Client Agency: The Client Agency shall:

  • Allocate 2% of the gross estimated construction cost for eligible capital improvement projects as per Section 3.19 of the Administrative Code.
  • Meet with the Public Art staff to discuss the Art Enrichment Program prior to being calendared for Phase 1 approval from the Civic Design Committee.
  • Complete the AE Survey Form and submit to Civic Design Committee Coordinator.
  • Provide the following information regarding eligible capital construction projects:
    • Verify to the Arts Commission that 2% of the total construction cost has been allocated for Art Enrichment.
    • Facility location and function
    • Amount of construction appropriation, supported by a line item budget
    • Agency representative
    • Project designer/architect/engineer
    • Project timeline
    • Funding source
  • Include the allocation for Art Enrichment in the gross estimated construction budget.
  • Include the cost of architectural services related to the coordination and implementation of the Public Art Program in the total construction budget.
  • Incorporate language into the project architect’s contract scope of services that describe the architect’s responsibilities in relation to Art Enrichment.
  • Direct the project architect to work within the intent of the program as described in the guidelines.
  • Assign a representative of the Agency to attend all meetings relative to the Art Enrichment.
  • Provide the Public Art Program Manager with project design drawings as requested.
  • Provide the Public Art Program Manager with complete and accurate schedule information to allow the artwork design to be planned for and integrated into project documents.
  • Ensure that any work relative to the Public Art Project that is to be performed by the General Contractor is integrated into the contract bid documents; and provide the Public Art Project Manager with a copy of a draft bid documents pertaining to the artwork for review, comment and approval prior to their being issued.
  • Credit the Arts Commission and the artist in all media releases, announcements or any public document or release concerning the artwork.
  • Include and acknowledge the Arts Commission and project artist in project dedication.

4 MEANS OF ACQUISITION: ACQUISITION THROUGH THE PUBLIC ART ORDINANCE:

4.1 Enabling Legislation: Section 3.19 of the Administrative Code; (See Appendix C for complete text)

4.2 Mission and Goals: The Public Art Program supports a wide range of artistic responses to civic life by engaging artists in a creative partnership with other city agencies, design professionals, and the community at large to create more congenial social spaces.

4.3 Allocation of Funds:

4.3.1 Project Allocation: All allocations will be made specific to an eligible capital improvement project (CIP). In accordance with the Art Enrichment Ordinance, allocations will represent 2% of the gross estimated construction cost (excluding the cost of the proposed artwork) based upon the submission of the AE Survey Form.

  • Final Art Enrichment Allocation: The final art enrichment allocation will be determined by the estimated construction cost at the completion of Construction Documents; verification of final art enrichment allocation must be received prior to being calendared for Civic Design Phase 3 Approval.
  • Pooling of Funds: When the Arts Commission and the client agency mutually determine that the art enrichment allocation is either insufficient to execute a significant project, or other factors, such as lack of public visibility or accessibility make an art project at a particular location undesirable, the Commission and client may mutually agree to reserve the Art Enrichment funds for pooling for use at another client agency facility or site.
  • Arts Commission Approval of Allocation: When the Arts Commission approves the Art Enrichment allocation from a particular capital appropriation, there shall be a formal meetings scheduled between the Director of the Public Art Program and the client agency to discuss this recommendation. At such a time, there will be a review of each party’s responsibilities with regard to the Art Enrichment program.

4.3.2 Allowable Expenditures:

4.3.2.1 Administrative Costs: Section 3.19 (e) of the Administrative Code allows for an amount not to exceed 20% of the Art Enrichment allocation for all necessary and reasonable administrative costs unless the Arts Commission agrees to a lesser amount on projects with Art Enrichment budgets in excess of $750,000, or unless such administrative fee is limited or prohibited by the funding source. Expenses which are charged to the administrative budget include:

  • Public Art staff salaries and benefits
  • PAP office overhead (office equipment, office supplies, telephone, periodicals, photocopies) and non-project related local field (parking, public transit), long distance travel and messenger expenses.

4.3.2.2 Maintenance and Conservation Funds: If the funding source permits, Section 3.19 (f) of the Administrative Code allows the Arts Commission to set aside and expend up to 5% of the total art enrichment allocation for each project for maintenance and conservation purposes. It further provides that funds set aside pursuant to this section shall be invested in an interest-bearing account when the total of such funds set aside exceeds $10,000. The maintenance allocation shall be calculated from the balance of art enrichment funds after administrative allocations have been deducted.

4.3.2.3 Art Budget: In general, any expense which is directly related to the artist selection and artwork design, fabrication and installation of the artwork, including but not limited to the following:

  • Artist’s fee for professional design, execution and installation of the art work(s) as described in the artist’s budget, including any and all labor, materials, bonding, permits, or any other costs directly related to the implementation of the art project.
  • Frames, mattes, pedestals, and devices necessary for the security, preservation and display of the artwork.
  • Competition and selection panel expenses, including postage, photocopies and printing, panel refreshments and honoraria for selection panel jurors and artist finalists for public art commissions.
  • Public presentation expenses.
  • Project-related local field, long distance travel and messenger expenses.
  • Project-related photography.
  • Identification plaque installed per Commission specifications.
  • Fire retardant and/or graffiti resistant treatments or other sealers or coatings as required.
  • Insurance as required by the City.
  • Plumbing, electrical and mechanical devices or equipment which are an integral part of the artwork.
  • Consultant fees for other costs relative to the art project, such as architectural fees, engineering, cost estimates, lighting design, and other services as identified and as approved by the Arts Commission.
  • Design and/or materials modifications to the capital improvement project necessitated by the art project. In the case where these changes/modifications increase the base cost of the capital improvement project, the art project will be credited with the base cost, and only the premium incurred by the art project will be charged to the art budget; i.e., if the original building material in an area was estimated to be $20 a sq. ft., and the art project calls for an upgrade of material to $30 a sq. ft., only the difference of $10 a sq. ft. may be charged to the art project.
  • Sales Tax (when applicable), and fees for required licenses and permits. Audio and video tapes or any other educational or informational materials necessary to help make the artwork programmatically accessible to the disabled and other members of the public.
  • Any other expenses as deemed appropriate by the Arts Commission for the design, fabrication, transportation, installation and public accessibility of the artwork.

4.3.2.3.1 Exclusions: In general, the portion of capital appropriation reserved for Art Enrichment may not be expended for the following:

  • Art objects that are mass produced and of standard design. However, limited editions signed by the artist of original prints, cast sculpture, photographs, etc., may be included.
  • Decorative, ornamental, or functional elements (unless for the security of the work or to ensure public safety) not designed by the artist.
  • Expenses related to the ongoing operation of the art work such as electrical, water or mechanical service required to activate the work and utility costs.

4.4 Criteria:

4.4.1 Selection Criteria for Artists: Artists will be selected on the basis of their qualifications, as demonstrated by the judged quality of their past work and appropriateness of their artistic expression, professional experience, or specific proposal for a particular project, and the assessed ability of the Artist to successfully execute the project within the project timeline, as determined by the Arts Commission in its sole discretion. Other considerations include the number of concurrent projects the artist is working on the number of artworks by that artist that the city has in its collection.

4.4.2 Criteria for Artwork: Criteria to be used when considering acquisition of artwork by either purchase or commission shall include, but not be limited to the following:

  • Inherent Artistic Quality: The assessed aesthetic merit of the piece as a work of art, independent of other considerations.
  • Context: Works of art must be compatible in scale, material, form, and content with their surroundings. Consideration should be given to the architectural, historical, geographical and social/cultural context of the site.
  • Media: All forms of visual art may be considered. Works may either be portable or permanently attached.
  • Permanence: Due consideration shall be given to the structural and surface soundness, and to inherent resistance to theft, vandalism and weathering.
  • Ability to Maintain: Significant consideration shall be given to the cost and amount of on going maintenance and/or repair anticipated, and to the City’s ability to provide adequate maintenance.
  • Public Safety and Accessibility: Each work shall be evaluated to ensure that it does not present a hazard to public safety and complies with all applicable building codes and accessibility requirements..
  • Diversity: The Arts Commission is committed to acquiring ark works that are reflective of diverse cultural communities and perspectives. To that end, the Commission shall actively seek artwork from artists of diverse racial, sexual, and cultural identities. The program shall also strive for diversity in style, scale, media and numbers of artists represented. There shall be encouragement of exploratory types of work as well as established art forms.
  • Feasibility: Proposed objects shall be evaluated relative to their feasibility and convincing evidence of the artist’s ability to successfully complete the work as proposed. Factors to be considered include, but are not limited to: project budget, timeline, artist’s experience, soundness of materials, city approval requirements, and level of community support.
  • Duplication: To assure that the artwork will not be duplicated, the artist will be asked to warrant that the work is unique and an edition of one unless stated to the contrary in the contract.

4.4.3 Site Criteria: Prior to selecting a site for an artwork, whether purchased or commissioned, the Visual Arts Committee, together with the Selection Committee shall take into consideration the following factors:

  • Visibility and public access
  • Public Safety
  • Interior and Exterior traffic patterns
  • Relationship of proposed artwork to existing or future architectural features, natural features and urban design.
  • Function of the facility
  • Facility users and surrounding community and interaction of users and community members with proposed artwork
  • Future development plans for area
  • Overall program goal or concept
  • Landscape design
  • Relationship of proposed artwork to existing art works within the site vicinity
  • Environmental impact
  • Public accessibility of the artwork
  • Social context of artwork (intended use of the work, if any)

4.5 Selection Methods: Art or Artists may be selected by the following means:

  • Direct Purchase: An existing artwork is purchased
  • Open Competition: The commission is advertised and project guidelines published. All professional artists may participate with possible limitations based upon geographical or other eligibility criteria. Upon review of materials, a single artist may be selected, or a limited number of finalists will be paid an honorarium to prepare a specific site proposal and/or attend an interview with the selection panel.
  • Limited Competition: Artists are considered for a commission by invitation only. Names of artists to be invited to apply are generated by PAPMs and members of the selection panel and Visual Arts Committee. Of those considered, finalist may be asked to submit a proposal in the form of a drawing of maquette, and/or attend an interview with the selection panel. A limited competition is the preferred selection method for all projects with budgets under $10,000.

4.5.1 Artist Recruitment: The PAPM develops a Recruitment Plan to be submitted to the Human Rights Commission and the project RFQ (Request for Qualifications) or RFP (Request for Proposals).

4.5.2 The RFQ or RFP: Information in RFQ/RFP includes, but is not limited to the following:

  • Project description and goals
  • Project parameters and scope-of-work
  • Application deadline and project
  • Timeline
  • Application procedure and submittal requirements
  • Selection procedure
  • Criteria for selection of artist and/or artwork
  • Geographic restrictions for residency of artist, if any
  • Budget

4.5.3 The Recruitment Plan: By agreement with the Human Rights Commission (HRC), the Arts Commission will submit a Recruitment Plan to HRC, which describes the means by which the Commission will be advertised to a broad and diverse group of San Francisco artists. The Recruitment Plan shall include, but not be limited to the following efforts:

  • Advertisement in Artweek
  • Send RFQ/RFP to City Purchaser for listing in Bid and Opportunity Announcement
  • Press releases or notices sent to the daily, weekly and ethnic specific press and, if appropriate, trade newsletters.
  • Direct solicitation of qualified candidates.
  • Solicitation of Commission and Selection Panel recommendations.
  • Posting the opportunity on the Arts Commission Web site.
  • Announcing the opportunity on the Public Art telephone "Hotline" (a direct number artists can call to get a listing of all the Public Art Program’s RFQ’s and RFP's.)

4.5.4 Artist Selection:

4.5.4.1 Prescreening by PAPMs: The PAPM may prescreen and evaluate applicants, relative to the minimum candidate criteria and qualifications outlined in the RFQ/RFP. The PAPM presents the slate of qualified candidates for review by the selection panel. Along with the candidates recommended for review, the panel will receive a list of all project applicants, including a list of those applicants screened out by PAPMs, along with a reason for their elimination. Any selection panel member may recall any artist previously screened out for consideration by the selection panel.

4.5.4.2 Selection Panel: Composition Members of the Selection Panel are approved by the Arts Commission. The Commission will make a good faith effort to appoint selection panels that have a balance of gender and ethnic representation. In general, panelists will be drawn from the Bay Area, but occasionally, the Arts Commission may want to employ an out-of-town panelist for either reasons of expertise, or to provide an outside perspective.

4.5.4.2.1 Conflict of Interest: Persons who would directly benefit from the selection of a particular artist or artwork are ineligible as panelists (i.e. gallery owners, brokers, artist representatives, etc.). Perspective panelists may be asked to fill out a conflict of interest form prior to be approved for service on a Selection Panel.

4.5.4.3 Role and Duties of a Selection Panel: All Selection Panel recommendations will be submitted to the Visual Arts Committee for approval. Visual Arts Committee actions are in turn submitted to the full Arts Commission for ratification by Resolution. The role and duties of the Selection Panel are as follows:

  • Review application materials of the slate of pre-screened candidates presented by the PAPM. Any panelist may request the inclusion of any artist previously eliminated by the PAPM.
  • After review of the applicants, the panel will either select a single artist for the commission, or a group of finalists to be commissioned to make a specific project proposal, or to be interviewed.
  • If the Selection Panel selects finalists for further review, the same panel will reconvene for this review.

4.5.5 Identification and Recruitment of Panelists: PAPMs will identify and recruit selection panelists. Individuals interested in serving as selection panelists may be asked to submit a resume and references. Community representatives will be identified in consultation with the Client Agency and community organizations in the vicinity of the project.

4.5.6 Panelist Compensation: Arts Commissioners or other city agency commissioners and/or employees who serve as panelist members will do so without compensation. Compensation will be paid to other panel members at the rate of $125 a day, or $65 a half-day. Panelists will also be reimbursed for the cost of travel and parking.

4.5.7 Selection Panels for Projects with Art Budgets over $50,000: As a general rule, selection panels will have the following representation:

  • Three (3) arts professionals of recognized professional stature. When possible, one should be a representative of the community or constituency effected by the project.
  • One (1) community member, who may be an arts professional.
  • One (1) Representative of the Arts Commission, (usually a member of the Visual Arts Committee).
  • One (1) Representative of the Client Agency.
  • Representative of the Design Team, (such as the project architect); optional at the discretion of the PAPM.

4.5.8 Selection Panels for Projects under $50,000: For small projects with art budgets under $50,000, a modified version of the above process may be employed. Applicants will be reviewed by the PAPM, a representative of the Client Agency, and a Guest Curator to develop a short list of qualified applicants. This short list will be presented to the Visual Arts Committee for final selection of either an individual artist or finalist for a project.

4.5.9 Selection Process for Projects under $10,000: For projects with art budgets of $10,00 or less, the PAPM may opt to dispense with public advertisement and use of a selection panel. The PAPM will develop a short list of artists who will be invited to apply. The PAPM and a representative of the client agency will review applicants and make a recommendation for selection to the Visual Arts Committee for approval.

4.6 Recourse: At any stage, the selection of an artist or project proposal may be interrupted by a majority vote of the appropriate body. If this occurs, the following options are available.

4.6.1 Panel:

  • Ask artist for clarification or redesign of proposal.
  • Select another artist
  • Make no selection

4.6.2 Visual Arts Committee:

  • Ask panel for clarification
  • Ask panel to select another artist
  • Reject panel’s recommendations
  • Develop new program
  • Convene new panel
  • Abandon project entirely and/or rescind previous approvals

4.6.3 Arts Commission:

  • Request clarification from VAC
  • Request new artist from VAC
  • Reject VAC’s recommendations
  • Request new panel from VAC
  • Request new program from VAC
  • Abandon project entirely, and/or rescind previous approval

4.7 Eligibility:

4.7.1 Eligible Artwork: For the purposes of these guidelines, all forms of original creations (or limited editions) of visual art are eligible for acquisition through the Public Art Program.

4.7.2 Eligible Artists: Specific eligibility requirements for each project will be established at the onset of each project. Geographic eligibility is determined by a variety of factors, such as project budget, and project location and context. As a general policy, artists from the greater Bay Area Counties shall be given preference for participation in the Public Art Program. However, the City is not restricted to the exclusive use of local artists. For the purposes of these guidelines, the greater Bay Area is described as the Alameda, Contra Costa, San Francisco, Santa Clara, Solano, Sonoma, Marin, San Mateo, Napa, Monterey, and Sacramento Counties.

  • Arts Commissioners and Arts Commission staff members or members of their immediate family are not eligible for city public art commissions as long as they respectively serve on, or are employed by, the Arts Commission.
  • City Officials or staff are not eligible for consideration for public art commissions.
  • Members of the Project Architect’s firm, or members of their immediate family, are not eligible for consideration as project artists.

4.8 Public Participation: Community participation in the project includes but is not limited to the following:

  • Public Meetings: All meetings of the Visual Arts Committee and Selection Panels are open to the public and will be publicly noticed. In addition, public participation in the program will be encouraged in the following ways:
  • Community Meetings: PAPMs may meet with community groups to introduce the program and solicit ideas/concerns from community representatives.
  • Community Representation: Community representatives may be appointed to serve on the Selection Panel, or as advisors to the selection panel.
  • Interactions between Artist and Project Constituency: PAPMs will try to facilitate direct interactions between the artist and project constituency.

4.9 Contractual Agreements: The Arts Commission will contract with artists using the standard city contract. Included in the contract will be the scope of services to be performed by the artist and a method and schedule of payment to the artist.

4.9.1 Artist’s Fee Policy: It is the policy of the San Francisco Arts Commission to pay professional fees for all creative work requested from artists. The Commission’s charge of public accountability requires a consistent policy for awarding equitable artist fees for public art projects. The following guidelines for fee structures are based on professional standards established by the public art field, and on the fees paid to other design professionals in the related fields of architecture and landscape architecture. Because the particular circumstances for each project vary, the following should be seen as guidelines only, not rigid formulas. In general, the Commission will consider the following factors in determining the artist fees awarded for each project:

  • The scope of work and length of artist involvement
  • The project budget; fee ranges are based on a percentage of the specific art project budget
  • The artist’s experience and professional standing
  • The fee scale for similar scopes of work on comparable projects

4.9.2 Single Contracts Inclusive of All Phases of Work: Single contracts for all phases of work are usually issued after the artist has been selected by means of a proposal maquette. The contract requires the artist to produce the artwork based upon the approved maquette, and covers all phases of work and related costs, including final design, fabrication, transportation, installation and insurance.

  • Recommended Fee Range: 10-20% of Project Budget

4.9.3 Design Contract: Under a design contract, artist develops a comprehensive design proposal only after a thorough investigation of the site and meetings with the client agency, project architects/landscape architects, community representatives, and any other artist on the project. The Arts Commission must approve the final design before the actual work is commissioned. Sometimes more than one contract is issued for the design phase, i.e. one for conceptual development, resulting in a proposal drawing or maquette and a preliminary budget, and a second contract for design development through construction documents. The fee scale recommendations here are for the entire design process through construction documents. If separate contracts are issued for different design phases. The amount of each contract would be proportionate to the recommended fee for the complete design phase.

  • Recommended Fee Range: 10-20% of contract amount, and generally, through successive contracts, would not cumulatively be greater than 20% of the total project budget. Design fees should be for the artist’s services and nominal expenses incurred in preparing design drawings and maquette. The expense of out-of-town travel, other professional fees, and the production of professional architecture models should not be absorbed in the artist’s fee, but rather be a separate project budget line item.

4.9.4 Fabrication Contract: This is a contract for implementation of a project, (fabrication, transportation and installation) once final design and construction documents have been completed and approved through a final design contract.

  • Fee Range Recommendations: 10-20% of implementation budget; fees within this range to be negotiated relative to the artist’s anticipated scope of work.
  • Scope of work may include the following methods of implementing the work:
  • The artist fabricates and installs the artwork him/herself.
  • The artist does not fabricate and install the work him/herself, but is responsible for personally subcontracting and overseeing fabrication and/or installation.
  • Fabrication and installation of the artwork are part of the scope-of-work of the capital improvement project’s general contractor, (or by a contractor contracted directly to the Arts Commission) and the artist’s role is for construction consulting services.
  • A combination of one or more of the above.

4.9.5 Planning Contract: Under a planning contract, an artist is engaged in art master planning for a site. The contract results in a written plan outlining the art program for a site; the plan identifies opportunities for artist involvement, but without proposing or designing the actual artwork. The artist is required to participate as a team member with project architects and city staff to develop art program master plan; identify sites and opportunities for future artist involvement; develop criteria and guidelines for future commissions; define scope of work of artists who will be commissioned later; help to prepare preliminary program budget and prepare arts program report with all of the above information.

  • Fee Scale Recommendation: Fee scale should be based on the average annual full-time salary of design professionals with comparable experience; i.e. if the annual salary of mid-level architects averages between $40,000-$50,000 and a project is expected to last approximately 6 months: at full time work an appropriate artist’s fee should be between $20,000 and $25,000. *Based on 1990-91 standards.

4.9.6 Proposal Honorarium: Proposal honoraria are non-contractual payments made to artists for proposals made for specific sites as part of the selection competition. While payment of honoraria does not transfer title of the proposal to the Commission, the Commission reserves the right of first refusal to purchase the proposal at fair market value.

  • Recommended Fee Range: $500 minimum or .05-2% of Project Cost. Below is a sample fee range for each finalist on a given project budget:
Project Budget / Sample Fee Range:
Under $10,000; $500
$10,000-$30,000; $500-$600
$30,000-$50,000; $500-1,000
$50,000-$100,000; $750-$2,000
$100,000-$250,000; $1,000-$,5000
$250,000-$500,000; $1,250-$5,000
$500,000 and up; $2,500 and up

4.9.7 Ineligible Costs:

  • Artist’s Agents: The Arts Commission will deal directly with the artist; some aspects of a project may be delegated by the artist to his/her agent or representative if the artist so authorizes. All relationships and financial arrangements between artists and their agents, representatives and galleries must be undertaken by the parties alone. The Arts Commission assumes no responsibility for payment of fees and commissions, nor will it adjudicate differences between the parties. The payment of commissions or fees is the sole responsibility of the artist and must be deducted from the artist’s fee. Under no circumstance will the Arts Commission increase the Artist’s fee or the project budget to accommodate for the payment of gallery or agent fees.
  • Legal Counsel: The cost of legal counsel to review and/or negotiate contacts with the Commission, or for any other purpose may not be a budget line item charged to the Arts Commission.
  • Insurance Not Required by the Arts Commission: The cost of premiums for any insurance not specifically required by the Commission may not be a line item expense charged to the Arts Commission.

4.10 Project Completion:
At the completion of each project, the following procedures will be followed to facilitate the transfer of project responsibility from the Public Art Program to the Civic Art Collection Program.

  • Prior to project completion, the PAPM will notify the Civic Art Collection Program Director to allow the CACP Director to make a studio visit or to monitor installation.
  • As a condition of final payment to the artist, the artist must complete a Collection’s Survey Form, which documents fabrication methods, artistic intent, and maintenance requirements.
  • Upon project completion, the CACP Director will place a Resolution before the Commission to accept the artwork into the collection.
  • Upon completion of the project, the PAPM turns over the project files to the Civic Art Collection Program.