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

Approved 8/6/07 Arts Commission Resolution #0806-07-196

and Revised 10/5/09 Arts Commission Resolution #1005-09-253

and Revised 10/04/10 Arts Commission Resolution #1004-10-285

INTRODUCTION

In accordance with the City Charter Section 5.103, the San Francisco Arts Commission is charged to “encourage artistic awareness, participation and expression…promote the employment of artists and those skilled in the crafts…and enlist the aid of all City and County governmental units in the task of ensuring the fullest expression of artistic potential by and among the residents of San Francisco.”

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.

Mission:

The mission 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 of the highest aesthetic standards 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.

Goals of the Civic Art Collection:

1. Artwork acquired and maintained within the collection should reflect the highest aesthetic standards.

a. Objects accepted into the collection must be of known authorship and be accepted based on their value as works of art.

b. Objects whose primary identity is that of an historical, architectural, or religious artifact should not be included in the collection.

2. Artwork accepted into the collection should be able to be permanently exhibited in an appropriate site, and be able to be maintained by the Commission for public display according to the guidelines herein.

3. The City’s collection should be diverse in its representation of artists and artistic styles and be reflective of the ethnic diversity of the local population.

4. The City’s collection should emphasize Bay Area artists, styles and movements, but should also seek to include the work of artists nationally and internationally so that local culture may be seen within a global context.

5. Artwork acquired and accepted into the collection should be appropriate in scale, media and context with its intended display location, and be relevant within the cultural, historical, social/political and environmental context of San Francisco and the Bay Area.

1. DEFINITIONS:

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

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

• 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 Section 5.103 and further defined in sec. 2A.150 and 2A.150.1of the Administrative Code.

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

• 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.

• 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.

• 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 total gross estimated construction cost of a wide range of civic construction shall be allocated for acquisition of artwork, with specified exemptions (see Appendix A).

• Art Enrichment Allocation Report: A form submitted by a city department with a capital improvement project (CIP) prior to being scheduled for Civic Design that provides basic project information, the total construction budget, and the art enrichment allocation based on that budget.

• 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.

• 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.

• 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.

• Civic Art Collection (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.

• 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 Schematic Design, Design Development, and Construction Documents.

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

• 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.

• De-accession: De-accessioning 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.

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

• Director of Programs: The Director of Programs is the director of the programs administered by the San Francisco Arts Commission including City Hall Docent Tours, Civic Art Collection, Civic Design Review Committee, Community Arts and Education Program, Cultural Equity Grants Program, Public Art Program, San Francisco Arts Commission Gallery, Street Artists Program and Summer In The City concert series.

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

• Human Rights Commission: City department that monitors city contracts to insure non-discrimination for employment as well as equitable participation of Local Business Enterprises (LBE).

• Implementation Budget: All costs associated with project implementation exclusive of 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.

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

• 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.

• Project Budget: Art enrichment funds exclusive of Arts Commission administrative fee and maintenance allocation.

• Proposal Honorarium: Payment made to each public art project finalist for a proposal maquette.

• 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.

• Public Art: See Art Enrichment.

• Public Arts Fund: Despite the name, this fund has no direct connection with the Public Art Program. Established in Section 10.100-30 of the Administrative Code, the Public Art Fund is “established as a category six fund to receive all revenue from programs, events, and sale or use of works of art which are under the supervision and control of the Arts Commission.”

• 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.

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

• 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 assigned to manage specific public art projects for the Commission’s public art program.

• 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).

• Senior Registrar: Under the direction of the Public Art Program Director is responsible for the care, maintenance, and management of the Civic Art Collection and the maintenance records and other documents related to the Collection.

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

2. CHARTER RESPONSIBILITIES OF THE SAN FRANCISCO ARTS COMMISSION: City Charter Section 5.103 and Administrative Code Section 2A.150 assigns the following powers, responsibilities and duties to the Arts Commission relative to the Civic Art Collection:

2.1 Design Approval of Public Structures:

2.1.1 Approve the designs for all public structures, private structures that extend over or upon any public property and yards, courts, setbacks or usable open spaces which are an integral part of any such structures (City Charter).

2.2 Design and Location Approval for Works of Art:

2.2.1 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 an inventory of works of art owned by the City and County; and maintain the works of art owned by the City and County (City Charter).

2.2.2 No work of art shall be contracted for or placed or erected on property of the City and County or become the property of the City and County by purchase, gift or otherwise, except for any museum or art gallery, unless such work of art, or a design or model of the same as required by the Arts Commission, together with the proposed location of such work of art, shall first have been submitted to and approved by the Commission. The term “work of art”…shall comprise paintings, murals, decorations, stained glass, statues, bas relief or other sculptures; monuments, fountains, arches or other structures of a permanent or temporary character intended for ornament or commemoration. No existing work of art in the possession of the City and County shall be removed, relocated or altered in any way with out the approval of the Commission, except as otherwise provided herein (Administrative Code).

2.3 Supervise and Control Expenditures:

2.3.1 Supervise and control the expenditures of all appropriations made by the Board of Supervisors for the advancement of the visual, performing or literary arts (City Charter).

2.3.2 The Commission shall supervise and control the expenditure of all appropriations made by the Board of Supervisors for music and the advancement of art or music (Administrative Code).

2.4 Supervision of Policy Connected with the Arts:

The Commission shall exercise all reasonable policy connected with the arts as may hereafter be assigned to it by ordinance or executive action (Administrative Code).

2.5 No Abridgement of Rights of Museums, Academy of Sciences or Library Commissions:

2.5.1 Nothing in this (Charter) section shall be construed to limit or abridge the powers or exclusive jurisdiction of the charitable trust departments or the California Academy of Sciences or the Library Commission over their activities; the land and buildings set aside for their use; or over the other assets entrusted to their care (City Charter).

2.5.2 Nothing (in the Administrative Code) shall be construed to limit or abridge the legal powers of the governing boards of the War Memorial, the Fine Arts Museums or the Asian Art Museum (Administrative Code).

3 ACQUISITION OF ARTWORK THROUGH THE PUBLIC ART PROGRAM

3.1 Enabling Legislation: Section 3.19 of the Administrative Code:

3.2 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 inspiring social spaces.

3.3 Roles and Responsibilities:

3.3.1 Arts Commission: By City Charter Section 5.103 the Arts Commission must approve the design and location all works of art before they are acquired, transferred or sold by the City and County. The Visual Arts Committee, a subcommittee of the full Commission, recommends actions, which are then submitted to the full Arts Commission for approval by Resolution.

3.3.2 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 mission, curatorial and programmatic goals, 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 the selection panel appointed by the Committee.

• Review and approve 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.

3.3.3 Civic Design Committee: Relative to 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 art enrichment requirement 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 artwork 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 Arts Commission.

3.3.4 Civic Design Committee Coordinator: The CDC Coordinator has the responsibility of ensuring that city departments seeking CDC approval submit the Art Enrichment Survey Form prior to being scheduled for Phase One review.

3.3.5 Director of Cultural Affairs: The Director of Cultural Affairs, as the top executive for the Arts Commission, has broad authority for directing the operations of the agency. In regard to the Public Art Program, the Director has the responsibility of working with the Public Art Program Director to develop a vision for the curatorial and programmatic goals of the PAP, and for ensuring that these are in concert with the broader mission and goals of the Arts Commission.

3.3.5.1 In accordance with Commission Resolution #0205-01-063, the Director may take the following actions without further approval from the Commission:

• May 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.

• May approve the start-up of new art enrichment projects including determination of overall project parameters.

• May approve short-listed candidates recommended by Selection Panels.

• May 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.

3.3.6 Public Art Program Director: The Public Art Program Director shall work with the Director of Programs to develop a vision for the curatorial and programmatic goals of the PAP, and for ensuring that these are in concert with the broader mission and goals of the Arts Commission. The Public Art Program Director shall direct the work of the Public Art Project Managers and shall develop a comprehensive schedule for all program activities which will help determine if and when new projects and special initiatives can be undertaken. The Public Art Program Director shall also manage Public Art Projects, as described below.

3.3.7 Public Art Project Managers: The Public Art Project Managers are responsible for the overall management of art enrichment projects from inception to completion. The PAPM’s responsibilities shall include, but not be limited to the following:

• Review and evaluate the art acquired through the PAP within the context of the Civic Art Collection, and develop broad curatorial plans and criteria for the collection as a whole. The PAP Director and Managers shall also periodically review and evaluate the program results and procedures, and recommend changes to these guidelines, procedures and enabling legislation as necessary.

• 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; and pre-screen applicant pool to select a slate of qualified and appropriate 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 and/or minutes of panel meetings as required.

• Solicit review, comment and/or approvals for proposed works of art from the client agency and other city departments as necessary regarding accessibility, 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 specifications and 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 Senior Registrar 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 Public Art Program Director, Visual Arts Committee and Director of Cultural Affairs.

• Prepare and implement disability access plan for both physical and programmatic access to commissioned artworks.

• Provide Senior Registrar with project file and project/object information for cataloguing.

• Complete and/or procure all paperwork and associated with project completion.

• Provide advice and expertise to the Public Art Program clients and members of the Visual Arts Committee and Selection Panel regarding proposed projects

• Submit a motion requesting Resolution to the Visual Arts Committee for formal acceptance of a completed work of art as part of the accessioning/documentation/cataloguing

3.3.8 Senior Registrar: The Senior Registrar assigns Collection’s accession number to artworks accepted into the Collection and maintains project records and important documents after the completion of the project.

3.3.9 Client Agency: The Client Agency shall:

• Allocate 2% of the total gross estimated construction cost for eligible capital improvement projects per Section 3.19 of the Administrative Code.

• Meet with the Public Art Program Director to discuss the Art Enrichment Program prior to being calendared for Phase 1 approval from the Civic Design Committee.

• Complete the Art Enrichment 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 the Art Enrichment Program.

Facility location and function.

Provide the amount of the construction appropriation, supported by a line item budget

Assign an Agency representative to be the Art Commission’s liaison on the project

Provide the name and contact information for each firm and consultant on the Design team, including, but not limited to the architect and structural engineer of record.

Provide the commission with a project timeline and a construction timeline.

Identify the funding source, i.e. bond funds, state grants, etc.

• Include the allocation for the Art Enrichment Program 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 the art enrichment requirement.

• Direct the project architect to work within the intent of the program as described in the guidelines.

• Assign a representative of the Client Agency to attend all meetings relative to the art enrichment project.

• Provide the Public Art Project Manager with project design drawings as requested.

• Provide the Public Art Project 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 PUBLIC ART PROGRAM GUIDELINES

4.1 Allocation of Funds:

4.1.1 Project Allocation: All allocations will be made specific to an eligible capital improvement project (CIP). In accordance with Section 3.19 of the Administrative Code, allocations will represent 2% of the gross estimated construction cost (excluding the cost of the proposed artwork) based upon the submission of the Art Enrichment Survey Form.

4.1.2 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.

4.1.3 Pooling of Funds/Use of Funds at a location other than the CIP Site: The Arts Commission and the Client Agency may mutually decide to use the art enrichment funding generated by a CIP at a site other than the CIP generating the art enrichment funds for any of the following reasons:

• The art enrichment allocation is insufficient to execute a project appropriate to the site.

• There is a lack of public visibility or accessibility making an art project at a particular location undesirable.

• The Commission and the Client Agency have identified another site as having greater priority for receiving artwork.

4.1.4 Alternative Use: Under these circumstances, the Client Agency and the Arts Commission may mutually agree to do the following:

• Use art enrichment funds at a more appropriate site within the department.

• Pool art enrichment funds from other Capital Improvement Projects within the department for use at an appropriate site.

• The Client Agency may request that the Arts Commission waive the art enrichment requirement.

• The art enrichment funds may be put into reserve until the funds can be either pooled or otherwise used at an appropriate site.

4.1.5 Arts Commission Approval of Allocation: When the Arts Commission approves the art enrichment allocation from a particular capital appropriation, there shall be a formal meeting scheduled between the Public Art Program Director 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.

4.1.6 Allowable Expenditures:

4.1.6.1 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, local travel) and messenger expenses.

4.1.6.2 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.

4.1.6.3 Project 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.

4.1.6.4 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 artwork such as electrical, water or mechanical service required to activate the work and utility costs.

4.1.7 Project Donations: Project donations of labor, materials or funding must be approved by the Commission. An increase in project scope enabled by donations shall be evaluated for impact on staff resources. All donations which increase the artist’s project budget must be matched by a proportional overhead amount to cover the increased administrative expenses

4.2 Public Art Project Plan:

4.2.1 Arts Commission Approval of Public Art Project Plan: At the commencement of each new public art project, the Project Manager in consultation with the Program Director shall develop a Public Art Project Plan in accordance with the PAP Guidelines which shall identify the art opportunities, project scope, budget, geographic eligibility, selection process, level of community involvement and timeline, and shall take into account an assessment of the resources required to commission and maintain the proposed types of possible artwork which could be commissioned or procured under the proposed plan. The Public Art Project Plan shall be presented to the Arts Commission for approval and shall serve as a roadmap for the implementation of the public art project.

4.3 Eligibility:

4.3.1 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.

4.3.2 Eligible Artists: Specific eligibility requirements for each project shall 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 SFAC 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..

4.3.3 Factors for Determining Geographic Eligibility:

• Budget: The primary determinate for either limiting or expanding the geographic area for artist recruitment is budget. When the project budget is insufficient to accommodate travel and living per diems, the eligibility may be restricted.

• Project Location and Context: Project managers may want to limit geographic area eligibility for projects located in neighborhood settings or serving very specific constituents in order to facilitate more direct interaction between the artist and the constituents.

• Project Prominence: Where the location is a significant public venue, geographic eligibility should be as broad as the budget allows.

4.3.4 Ineligible Applicants

• 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.

• Elected or Appointed city officials or members of their family are not eligible for consideration for public art commissions.

• City 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.

• Artists who, at the time of application, already have two active contracts with the Commission are ineligible if the date of the contracts are within 3 years of one another.

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 artist’s current workload and/or the number of artworks by that artist in the Civic Art Collection. The Arts Commission encourages artists of diverse racial, sexual, and cultural identities to submit proposals for Arts Commission consideration.

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:

• Adherence to the Mission and Goals of the Civic Art Collection.

• Inherent Artistic Quality: The assessed aesthetic merit of the piece as a work of art, independent of other considerations.

• Context of Artwork within the Civic Art Collection: Proposed artwork should be evaluated within the context of the larger collection, and whether it is judged to strengthen the collection.

• Context of Artwork with Site: 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 ongoing 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 art works that reflect diversity in style, scale, media, and artistic sources as well as diverse cultural communities and perspectives. The Arts Commission also encourages 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

• Public accessibility of the artwork

• 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

• Social context of artwork (intended use of the work, if any)

4.5 Project Approach Budget Thresholds

4.5.1 Bi-annual Pre-qualified Pool: In order to streamline the selection process for all projects with budgets up to $200,000, the Public Art Program shall establish a pre-qualified pool of artists. Based upon the size of budgets in this range, eligibility for the pool would be limited to artists from the western states (Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming). Establishment of a Bi-Annual Pre-Qualified Pool of Artists would enable the program’s revised selection processes based on budget thresholds to comply with City contracting rules which require the issuance of an RFQ/RFP for all commissions which result in a contract in excess of $25,000. The RFQ for the pre-qualified pool must be issued every 2 years.

4.5.2 Recommended project approach for budgets under $50,000

• Project approach: Artwork purchase or simple commission requiring minimal coordination. Artist may be contracted for design only, with construction being under the CIP General Contractor.

• Pooling funds within the CIP department for greater impact may be considered as long as it results in relative equity between neighborhoods for receipt of art enrichment.

• Selection process: Project Manager shall present selection panel with a short list of qualified artists from pool or short list of artworks for purchase. Panel shall select the project artist based on past work (no finalists) or one artwork for purchase for the site.

• Panel composition: One representative of the client agency, one representative of the Arts Commission and up to two community representatives.

4.5.3 Recommended project approach for budgets between $50,000 – $100,000

• Project Approach: same as for projects under $50,000

• Recruitment: Use of Pre-Qualified pool and invitation to develop a short list of qualified candidates.

• Selection Process: The Project Manager may determine whether the project warrants the selection of finalists and final selection on the basis of interviews or proposals. Otherwise, the selection process shall be the same as for projects under $50,000.

• Panel composition: One representative of the client agency, one representative of the Arts Commission, one community representative and up to two arts professionals.

4.5.4 Recommended project approach for budgets over $100,000:

• Project Approach: Project Manager shall determine the appropriate approach which may be simple or complex based upon the artwork opportunities present at the project site.

• Recruitment: Advertise RFQ in addition to use of Pre-Qualified pool and invitation to develop a short list of qualified candidates.

• Selection Process: The selection shall be determined by the Project Manager and may be any one of the methods described in Section 4.6 “Selection Methods.”

• Panel composition:

Three (3) arts professionals of recognized professional stature. When possible, one should be a representative of the community or constituency affected 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.

4.6 Selection Methods: Artwork or Artists shall be selected by the following means:

4.6.1 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.

4.6.2 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 or maquette, and/or attend an interview with the selection panel. A limited competition is the preferred selection method for all projects with project budgets under $50,000.

4.6.3 Direct Purchase: An existing artwork is purchased

4.7 Artist Recruitment

4.7.1 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

4.7.2 The Recruitment Plan: The PAPM shall develop a recruitment plan to ensure the 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:

• RFQ/RFP announced via e-mail to those subscribed to SFAC’s Public Art e-newsletter

• 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.

4.8 Prescreening by PAPMs: The PAPM may prescreen and evaluate applicants, relative to the minimum candidate criteria, appropriateness of the artist’s work to the project site 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 may request 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.

4.9 Selection Panel

4.9.1 Selection Panel Composition: Selection Panel Composition shall vary based upon the project’s budget size.

• For Project Budgets under $50,000:

One (1) representative of the client agency

One (1) representative of the Arts Commission

And up to two (2) community representatives

• For Project Budgets between $50,000 – $100,000:

One (1) representative of the client agency

One (1) representative of the Arts Commission

One (1) community representative

And up to two (2) arts professionals

• For Project Budgets over $100,00:

Three (3) arts professionals of recognized professional stature. When possible, one should be a representative of the community or constituency affected 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.

4.9.2 Arts Commission Approval of Panelists: 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.

4.9.3 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.

4.9.4 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 an artist previously eliminated by the PAPM.

• In accordance with the selection plan previously established by the PAPM and the Commission, the Selection Panel will be asked to review applicants and either 1) select a single artist for the commission 2) select a group of finalists who will be asked to make a specific site proposal, or be scheduled for an interview session with the panel prior to the panel making a final recommendation.

• If the Selection Panel selects finalists for further review, the same panel will reconvene for this review.

4.9.5 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.

4.9.6 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 professional panel members and community representative 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.

4.10 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.

4.10.1 Panel:

• Ask artist for clarification or redesign of proposal

• Select another artist

• Make no selection

4.10.2 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

4.10.3 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

4.11 Public Participation: Public Participation shall include:.

• Staff shall attend one community meeting to give brief presentation about Art Enrichment at the beginning of the project planning phase as part of a regularly scheduled client-community meeting relating to the general construction project

• Community shall be apprised that selection panel meetings are open to the public and that interested persons are welcome to attend and may speak during public comment.

• Community representatives shall serve on the selection panel per the Public Art Project Plan,

• Proposals shall be publicly displayed on the SFAC website and may be displayed at or near the project site depending upon the nature of the project. Members of the public interested in commenting on any publicly displayed proposals are invited to attend the Selection Panel and/or Visual Arts Committee meeting where the proposals will be reviewed.

4.12 Staff Review of Artwork Proposals:

4.12.1 In order to ensure that artists propose feasible and durable artwork of the highest aesthetic quality, staff shall review the development of artwork proposals as a three step process.

4.12.2 Concept Review: Within approximately two weeks of being selected, artist finalists (or artists selected on the basis of qualifications) shall meet with Project Manager and Senior Registrar to present and discuss one or more project concepts with rough sketches. At this meeting staff shall make recommendations to the artist relative to the proposed project’s design including: aesthetics, feasibility and maintainability of the artwork. Artwork concept shall require staff approval before artist proceeds to develop the full proposal materials.

4.12.3 Digital Review of Proposal Board Layout: Public Art Staff Curatorial Committee shall review and approve a digital layout of all finalists’ proposal boards before artists are authorized to have their proposal boards printed and mounted for delivery to the Arts Commission. If staff determines that there are serious concerns related to the artist’s project ideas at the conceptual phase, either aesthetically, or related to the feasibility and maintainability of the artwork, or if the artist’s concept would require excessive staff time to coordinate, the artist will be requested to revise the proposal in response to staff concerns.

4.12.4 Staff Review of Final Proposal: Prior to any public display or presentation of the proposal to the VAC, community, or client, the Project Manager shall review the proposal board and materials (budget, narrative, anticipated maintenance requirements and timeline). Any staff concerns related to the quality and feasibility of the proposals not addressed by the artist in the final proposal shall be included in the staff report to the panel and/or the VAC.

4.13 Contractual Agreements: The Arts Commission will contract with artists using the city contract developed by the Arts Commission and city attorney specifically for this purpose.

4.14 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. Because the particular circumstances for each project vary, the Commission must consider a number of factors in determining whether or not an artist’s proposed fee is appropriate.

4.14.1 Factors Effecting the Amount of an Artist’s Fee: Projects may be designed and executed by the Artist him/herself, or the Artist may be the designer and the project is fabricated by others. In either case, the Commission may 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

• The artist’s experience and professional standing

• The fee scale for similar scopes of work on comparable projects

• Documented market value for similar examples of the Artist’s work

4.14.2 Guidelines for Fees for Projects Not Fabricated by the Artist: In general, when a project is designed, but not actually fabricated by the artist him/herself, the artist should be paid a fee of 10-20% of the project budget (depending upon the level of complexity), which includes all phases of work. (For instance, if the total project budget is $100,000, the artist’s fee should be between $10,000 and $20,000).

4.14.3 Proposal Honorarium: Proposal honoraria are non-contractual payments made to artists for proposals made for specific sites as part of the selection process. While payment of honoraria does not transfer title of the proposal to the Commission without an agreement in writing 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

4.15 Non-reimbursable Artist 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 Arts 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.

4.16 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.

• 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 PAPM will place a motion requesting Resolution before the Commission to accept the artwork into the collection and provide a copy of the Resolution accepting the artwork into the collection to the Senior Registrar.

• Upon completion of the project, the PAPM will turn over the project files to the Senior Registrar.

5. ACQUISITION 0F ARTWORK THROUGH GIFTS (Including guidelines for gifts of commemorative plaques)

5.1 Enabling Legislature: Charter Section 5.100 provides that “the governing boards of the arts and culture departments may accept and shall comply with the terms and conditions of loans, gifts, devises, bequests or agreements donating works of art or other assets to their department without action of the Board of Supervisors so long as acceptance of the same entails no expense for the City and County beyond ordinary care and maintenance.”

5.2 Eligibility:

• Gifts of permanent works of art that meet the criteria expressed in the Mission and Goals of the Civic Art Collection and any additional criteria outlined under this section.

• Gifts of commemorative plaques that meet the criteria expressed in this section.

5.3 Procedure for Making of Gift of Art or Commemorative Plaque to the City: The following guidelines govern the procedure by which proposed gifts of works of art or commemorative plaques are considered for acceptance by the Arts Commission.

5.3.1 Donor Provides Written Proposal: The prospective donor of a gift of a work of art or commemorative plaque must submit a written proposal or letter of intent to the Director of Cultural Affairs. The proposal shall include information on the artist, written description of the artwork (size, materials, etc.) and photograph or drawing of the artwork, and proposed site, if any.

5.3.2 Consultation with Staff: The Director of Cultural Affairs shall refer the item to the appropriate Commission staff member to consult with the donor about the proposed gift prior to the proposal being submitted to the Arts Commission for action. After review of the project, staff shall prepare a written report to the Visual Arts Committee of the Arts Commission and provide the committee with a recommendation to either accept or decline the gift.

5.3.3 City Department Approval: For works of art proposed for installation on sites under the jurisdiction of other city departments, a letter of approval from the head of the department must accompany the proposal. Donors must comply with any guidelines the department has in regard to the acceptance of gifts of art. For proposed gifts of art to the Airport, the proposal shall be submitted to the Arts Commission for referral to the Airport Art Steering Committee for review and recommendation prior to submittal of the proposal to the Airport and Arts Commissions.

5.3.4 Visual Arts Committee Approval: The gift proposal shall be submitted to the appropriate Commission committee for review and action. All proposed gifts of works of art shall be reviewed by the Visual Arts Committee. The Committee may recommend to accept or decline the proposed gift. Committee recommendations are forwarded to the full Arts Commission for final action by Resolution.

5.3.5 Civic Design Committee Approval: Commemorative plaques shall be reviewed by the Civic Design Committee. The Committee may recommend to accept or decline the proposed gift. Committee recommendations are forwarded to the full Arts Commission for final action by Resolution

5.3.6 Arts Commission: Upon recommendation of the appropriate committee, the acceptance by the City of the gift of artwork or commemorative plaque is submitted to the full Arts Commission for approval by Resolution. Per City Charter Section 5.100, the Arts Commission may “accept and shall comply with the terms and conditions of loans, gifts, devises, bequests or agreements donating works of art or other assets to their department without action of the Board of Supervisors so long as acceptance of the same entails no expense for the City and County beyond ordinary care and maintenance.”

5.4 Additional Requirements for Proposals for Gifts of Large Scale Artworks or Monuments: Proposals for large scale artworks or public monuments require careful consideration and may require several meetings and significant public comment before a final decision can be made. Whenever possible the actual work of art should be presented to the committee. Proposals for large or monumental works should include:

• A maquette of the three-dimensional work or a complete drawing of the two-dimensional work and photographs that demonstrate the relationship of the artwork to the architecture and/or site.

• A site plan that shows the proposed location of the artwork, a photograph of the proposed installation site and surrounding environment.

• Material samples for the artwork and any relevant construction materials

• Installation details

• Construction Documents: Utility connections, site modifications, structural reinforcements or other engineering requirements or site modifications should be described in the gift proposal and reflected in the construction plans and specifications. The donor/sponsor is responsible for providing and submitting engineering and architectural plans, as required according to the Unified Building Code or as requested by the Commission. Such plans must be prepared, signed and stamped by the appropriate design professional licensed in the state of California.

• Review of Fabrication and Installation: Works of art that are accepted from maquettes or drawings will be subject to Commission review throughout fabrication and installation. Specific plans for site design, installation, maintenance and protection will be submitted for approvals. The completed artwork may not deviate in any way from the proposal approved by the Commission unless the Commission approves the change by Resolution. Deviation from the approved design is cause for rejection of the gift.

5.5 Costs Associated with the Gift: All costs associated with the gift must by borne by the donor. Costs may include, but are not limited to, the costs associated with design, engineering, building permits, fabrication, installation, general insurance and maintenance. The donor/sponsor will also be responsible for the design and cost of a pedestal, identification plaque, base, structural support and landscaping of site and must provide a maintenance endowment for the artwork. The Commission may also require an administrative fee to cover costs associated with staff coordination and oversight of the project.

5.5.1 Maintenance Endowment: An endowment fund adequate to ensure the continued care of gifts of art shall be required for all outdoor artworks and may be required for indoor artworks to maintain the gift in a condition satisfactory to the donor and the Commission. The amount of the maintenance endowment shall be negotiated with the donor on a project to project basis. Scale, material, location, value of the work and potential for vandalism will be considered in determining the maintenance endowment.

5.6 Criteria for Acceptance: Gift acceptance and placement should be in accordance with adopted policy and current or historic use or master plans and should be consistent with general Arts Commission collection goals. The location and design of the gift should be appropriate for the user and context of the proposed site.

• Project Costs: Acceptance is contingent on receipt of payment from the owner for all costs associated with the gift, including transportation, installation, and maintenance endowment and staff time.

• Quality: The consideration of highest priority is the inherent quality of the artwork itself.

• Compatibility with Site Context: Proposed works of art must be compatible in scale, material, form, and content with their surroundings. Attention shall be given to the social context of the work and the manner in which it may interact or contribute to the use of the site

• Media: All forms of visual art executed in permanent materials may be considered. Works may be either portable or permanently attached.

• Permanence: Due consideration shall be given to the structural and surface soundness, and to inherent resistance to theft, vandalism, weathering, and excessive maintenance or repair costs.

• Adherence to Collection Policy of Special Collections: Proposed gifts to facilities that already have significant collections of artwork, such as San Francisco International Airport and Moscone Convention Center, shall be rigorously evaluated in terms of their context within the existing collection. Gifts shall also be evaluated for their adherence to any special criteria for inclusion in these collections.

• Public Liability: Each work shall be examined for unsafe conditions or factors that may bear upon public liability.

• Duplication: It shall be the policy of this Commission to accept unique, one of a kind works of art with the noted exception of prints, photographs or a desirable high quality limited edition work of art by a renowned artist.

5.6.1 Memorial Gifts: Memorial gifts will also be judged to the following additional criteria:

• The person or event being memorialized must be deemed significant enough to merit such an honor. The person so honored shall have been deceased for a minimum of five years. Events shall have taken place at least five years prior to consideration of a proposed memorial gift.

• Represents broad community values.

• The memorial has timeless qualities that will be meaningful to future generations.

• The location under consideration is an appropriate setting for the memorial; in general, there should be some specific geographic justification for the memorial being located in a specific site.

5.6.2 Additional Criteria for Acceptance of Gifts of Artwork to be Sited at San Francisco International Airport: The following policies are in addition to the Arts Commissions general policies regarding proposed gifts of art to the City. All the requirements of the Arts Commissions general policies are incorporated herein by reference. In considering proposed gifts for permanent installation at the Airport, the following special criteria shall also apply:

• The proposed artwork fall within the defined focus of the Airport’s collection, which is contemporary fine art by recognized artists. Emphasis is on the representation of Bay Area artists.

• Priorities for acquisition, as defined in the Assessment and Recommendations Report (1995) prepared by Katherine Holland and Karen Tsujimoto, shall apply when considering the acceptance of gifts for the collection at the Airport.

• Special care shall be given to determining whether or not there is an appropriate site to install the artwork and maintenance and conservation needs of the artwork within the Airport environment.

5.6.3 Placement/Site: The following criteria shall be used in evaluating the proposed site:

• Significant enhancement of the proposed site

• Public Safety

• Relationship to existing planned architectural, natural and landscape features

• Future development plans for the area (if known)

• Relationship to existing artwork within the proposed site vicinity

• Environmental impact

• Public accessibility to the work

• Social Context

5.7 Removal, Relocation or De-accessioning of Gifts of Art. In accepting a gift of artwork of art or commemorative plaque, the Commission shall not be bound by any agreement with the donor that restricts the Commission’s ability to act in the best interests of the City and County of San Francisco. Nothing in the acceptance of a gift of artwork shall prevent the Arts Commission from approving subsequent removal, relocation or de-accessioning of such gifts if it serves the City’s best interest to do so. The Arts Commission shall de-accession and dispose of works of art in its collection in accordance with both the Commission’s De-accessioning policies and as in accordance with the requirements of the Administrative Code, Section 10.100.30.

6. COLLECTIONS MANAGEMENT: ROLES AND RESPONSIBILITIES

6.1 Arts Commission: In accordance with the CCSF Administrative Code Sec. 2A.150.1, the Arts Commission provides for the additional responsibilities for the care of the City’s Collection:

6.1.1 Cataloging, Care and Maintenance of Public Art Media: The cataloging, care and maintenance of all sculptures, statues, murals, paintings and other art media belonging to the City and County of San Francisco, other than and excepting those located on properties under the jurisdiction and control the San Francisco Unified School District, the M.H. de Young Memorial Museum, the Asian Art Museum, the California Palace of the Legion of Honor, the California Academy of Sciences and the Recreation and Park Commission, shall be under the jurisdiction of the Arts Commission.

6.1.2 Agreement with Recreation and Park Commission: The Arts Commission shall be authorized to enter into agreement with the Recreation and Park Commission, upon such terms as may be mutually agreed, for the cataloging, care and maintenance of any or all of the above media located on properties under the jurisdiction of the Recreation and Park Commission.

6.1.3 Authorization of the Sale or Exchange of Works of Art: The Arts Commission by a 2/3 vote is authorized to sell or exchange works of art under its jurisdiction under the terms specified under Sec. 2A.150.1, described here under Section 7.3, De-Accessioning.

6.1.4 Reproductions or Adaptations: The Arts Commission may license the making of reproductions or adaptations of works of art under its jurisdiction.

Note: While the Administrative Code allows the Arts Commission to license the making of reproductions, the Arts Commission must confirm that it has license from the artist who holds the copyright to make reproductions or adaptations of a work of art.

6.2 Visual Arts Committee: The Visual Arts Committee reviews Collections issues and makes recommendations to the full Arts Commission relative to all aspects of the management of the Collection that require Commission Resolution, including, but not limited to the approval to de-accession artwork through sale or exchange, or authorize the removal, alteration, or destruction of any artwork under the Commission’s jurisdiction.

6.3 Senior Registrar: The Senior Registrar shall coordinate the care and maintenance of the Collection, including:

• Developing and maintaining an inventory of the Collection maintenance needs

• Identifying funds for maintenance and conservation needs and applying for grants

• Contracting for and managing maintenance and conservation contracts

• Maintaining an inventory of the city’s collection

6.4 Director of Cultural Affairs: The Director of Cultural Affairs may authorize the emergency removal, alteration or destruction of an artwork without Commission approval under the conditions specified under Section 7.2.1.

7. COLLECTIONS MANAGEMENT: REMOVAL, ALTERATION, DESTRUCTION AND DEACCESSIONING POLICIES AND PROCEDURES

7.1 Overview of Collections’ Policy: It is the objective of the Commission to acquire works of art of the highest quality. 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. Acquisition implies permanency within the collection, as long as the work maintains its physical integrity, identity and authenticity, and as long as it remains useful to the purposes of the people of the City and County of San Francisco. When any of these conditions no longer prevail, the Arts Commission may consider removal from public display and/or de-accessioning.

7.2 Removal from Public Display: If the artwork is removed from public display, the Arts Commission may consider the following options:

• Relocation of Public Display: If the Commission decides that an artwork must be removed from its original site, and if its condition is such that it could be re-installed, the Commission will attempt to identify another appropriate site. If the artwork was designed for a specific site, the Art Commission will attempt to relocate the work to a new site consistent with the artist’s intention. If possible, the artist’s assistance will be requested to help make this determination.

• Store object until a new site has been identified or the Commission decides to de-accession the artwork.

• Sale or Trade of Object (De-accession)

7.2.1 Provisions for Emergency Removal: In the event that the structural integrity or condition of an artwork is such that, in the opinion of the Art Commission’s Director of Cultural Affairs, the artwork presents an eminent threat to public safety, the Director may authorize its immediate removal, without Commission action or the artist’s consent, by declaring a State of Emergency, and have the work placed in temporary storage. The artist and the Arts Commissioners must be notified of this action within 30 days. The Commission will then consider options for disposition: repair, reinstallation, maintenance provisions or de-accessioning. In the event that the artwork cannot be removed without being altered, modified, or destroyed, and if the Artist’s Agreement with the City and County has not waived his/her rights under the California Art Preservation Act and the 1990 Visual Artists’ Protection Act, the Director must attempt to gain such written permission before proceeding. In the event that this cannot be accomplished before action is required in order to protect the public health and safety, the Director shall proceed according to the advice of the City Attorney.

7.3 De-accessioning

7.3.1 Statement of General Policy: In general, works of art will not be de-accessioned within 10 years after acquisition. The Arts Commission shall de-accession and dispose of works of art in its collections only in the public interest and as a means of improving the quality of the collections.

7.3.2 Consideration of Alternatives for Disposition of a Work of Art: In considering various alternatives for the disposition of de-accessioned objects, the Arts Commission should be concerned that:

• The manner of disposition is in the best interests of the Arts Commission and the public it serves.

• Preference should be given to retaining works that are a part of the historical, cultural, or scientific heritage of San Francisco and California.

• Consideration should be given to placing the art objects, through gift, exchange, or sale, in another tax-exempt public institution wherein they may serve the purpose for which they were acquired initially by the Arts Commission.

• Objects may not be given or sold privately to City employees, officers, members of the governing authority, or to their representatives, except as specified below.

7.3.3 Conditions: A work of art may be considered for removal from public display and/or de-accessioning if one or more of the following conditions apply:

• The work does not fit within the Arts Commission’s mission, goals, or guidelines for the Civic Art Collection.

• The work presents a threat to public safety.

• Condition or security of the work cannot be guaranteed, or the Arts Commission cannot properly care for or store the work.

• The work requires excessive or unreasonable maintenance, or has faults in design or workmanship.

• The condition of the work requires restoration in gross excess of its aesthetic value, or is in such a deteriorated state that restoration would prove either unfeasible, impractical or misleading.

• No suitable site for the work is available, or significant changes in the use or character of design of the site affect the integrity of the work.

• The work interferes with the operations of the client agency.

• Significant adverse public reaction over an extended period of time (5 years or more).

• The work is judged to have little or no aesthetic and/or historical or cultural value.

• The Arts Commission wishes to replace a work with a more appropriate work by the same artist.

• The work can be sold to finance, or can be traded for, a work of greater importance.

• Written request from the artist has been received to remove the work from public display.

• The work is duplicative in a large holding of work of that type or of that artist.

• The work is fraudulent or not authentic.

• The work is rarely or never displayed.

7.3.4 Process: The following steps shall be followed for works being considered for de-accessioning:

7.3.5 Absence of Restrictions: Before disposing of any objects from the collections, reasonable efforts shall be made to ascertain that the Commission is legally free to do so. Where restrictions are found to apply, the Arts Commission shall comply with the following:

• Mandatory restrictions shall be observed unless deviation from their terms is authorized by a court of competent jurisdiction.

• Objects to which restrictions apply should not be disposed of until reasonable efforts are made to comply with the restrictive conditions. If practical and reasonable to do so, considering the value of the objects in question, the Commission should notify the donor if it intends to dispose of such objects within ten years of receiving the gift or within the donor’s lifetime, whichever is less. If there is any question as to the intent of force of restrictions, the Commission shall seek the advice of the City Attorney.

7.3.6 Arts Commission Staff Report: The Arts Commission staff shall prepare a report which includes a staff evaluation and recommendation along with the following information:

• City Attorney’s Opinion: The City Attorney shall be consulted regarding any restrictions that may apply to a specific work.

• Rationale: An analysis of the reasons for de-accessioning and its impact on the Collection and the artist, and an evaluation of the artwork.

• Community Opinion: If pertinent, public and agency feedback on the dispensation of work in question.

• Independent Appraisal or other documentation of the value of the artwork: Prior to disposition of any object having a value of $10,000 or more, Arts Commission staff should obtain an independent professional appraisal, or an estimate of the value of the work based on recent documentation of gallery and auction sales.

• Related Professional Opinions: In cases of where de-accessioning or removal is recommended due to deterioration, threat to public safety, ongoing controversy, or lack of artistic quality, it is recommended that the Commission seek the opinions of independent professionals qualified to comment on the concern prompting review (conservators, engineers, architects, critics, safety experts etc.).

• History:

Provide written correspondence, press and other evidence of public debate.

Original Acquisition method and purchase price.

Options for Disposition.

Replacement Costs.

7.3.7. Visual Arts Committee Hearing: The recommendation to de-accession a work of art will be considered by the Visual Arts Committee as part of the Committee’s regular or special meeting. The Committee shall make its recommendation to the full Arts Commission.

7.3.8 Arts Commission Hearing and Resolution: The Commission must approve by Resolution the Visual Arts Committee’s recommendation that a work of art under its jurisdiction should be de-accessioned through sale or exchange.

7.4 Sale or Exchange of Artwork: In accordance with Sec. 2A.150.1 of the San Francisco Administrative code, when the Commission determines that it would be advantageous to the City and County, a work of art under its jurisdiction may be sold or exchanged as follows:

7.4.1 Exchange: The Arts Commission may exchange a work of art on such terms as the Arts Commission, by a 2/3 vote of the members of the Commission determines appropriate, provided that any exchange is subject to the approval of the Purchaser.

7.4.2 Sale at Public Auction: A work of art under the jurisdiction of the Commission may be sold at public auction to the highest and best bidder and the Commission may contract with a licensed auctioneer for the purpose of conducting the sale or sales. The contract shall specify the compensation to be paid for the auctioneer’s services and set forth the terms and conditions under which the sale or sales are to be conducted. Each such contract shall be approved by the Purchaser.

7.4.3 Private Sale: If the work is offered at public auction and no bids are received, or if the bids are rejected, or if the Arts Commission determines, by a 2/3 vote of the members that the work may be sold on terms more advantageous to the City if sold through private sale. Any contract for the private sale of a work of art is subject to the approval of the Purchaser. A work of art on which bids have been rejected shall not thereafter be sold through private sale for less than the amount of the highest bid received.

7.4.4 Proceeds from Sale of Artwork: In accordance with Section 10.100.30 of the San Francisco Administrative Code, all proceeds from any sale or auction, less any payment due the artist under the California Resale Royalties Act, shall be credited to the Public Arts Fund, and the monies contributed to the fund from the sale, exchange or exhibition of a work of art under the jurisdiction of the Arts Commission shall be expended exclusively for the purpose of acquiring or maintaining works of art for the same public structure for which the original work of art was acquired.

• Adequate Records: An adequate record of the conditions and circumstances under which objects are de-accessioned and disposed of should be made and retained as part of the Collections Management records.

• California Resale Royalties Act: The Commission shall abide by the California Resale Royalties Act (Civil Code section 986) with respect to notification of the sale of any work of art which is sold for more than $1,000, and payment of 5% of the sale price for any work of art which is sold for more than the Commission paid for the artwork provided that the artist can be located by reasonable means. If the artist cannot be found, the Resale Royalty will revert to the California Arts Council in accordance with state law.

7.5 Alteration, Modification, or Destruction of Artwork: It is the primary responsibility of the Art Commission to preserve and protect the art collections under its management for the people of the City and County of San Francisco. However, under certain conditions, and in accordance with the constraints of the California Art Preservation Act (Civil Code 987), known as CAPA, and the Visual Artists Rights Act of 1990 (17 U.S.C. 106A and 113 (d), known as VARA, or in the case where the Artist has waived his/her rights under CAPA and VARA, in accordance with the city’s contractual agreement with the artist, the Commission may authorize actions that would alter, modify or destroy an artwork.

7.5.1 Conditions: Removal and disposal, destruction, alteration or modification of an artwork may be considered under the following circumstances:

• The work has faults of design or workmanship, or is damaged so that repair or remedy is impractical, unfeasible or an unjustifiable allocation of resources.

• The work poses a threat to public safety, or in some other way poses a potential liability for the City and County of San Francisco. In the event that the condition of the artwork represents an eminent safety hazard, and cannot be removed without risk of damage or destruction, the Director of Cultural Affairs will proceed in accordance with the provisions specified under “Emergency Removal.”

• The Commission deems it necessary in order for the City and County to exercise its responsibilities in regard to public works and improvements, or in furtherance of the City’s operations, or for any other good cause.

7.5.2 Options: If, for any of the above reasons, the City and County of San Francisco finds it necessary to pursue plans that would modify, remove, destroy or in any way alter an artwork, and the Arts Commission approves such action, then the Arts Commission shall make a reasonable effort to notify the artist by registered mail of the City’s intent and outline possible options, which include, but are not limited to the following:

• Transfer of Title to the Artist: The artist will be given the first option of having the title to the artwork transferred to him/her. If the artist elects to pursue title transfer, he/she is responsible for the object’s removal and all associated costs.

• Disclaim Authorship: In the case where the City contemplates action which would compromise the integrity of the artwork, the artist shall be given the opportunity to disclaim authorship and request that his/her name not be used in connection with the given work.

• Alteration, Modification or Destruction: If alteration, modification, or destruction is of an artwork protected under the California Art Preservation Act, or the Visual Artists Rights Act of 1990 is contemplated, the Commission must secure a written waiver of the artist’s rights under this section. In the case of an emergency removal that may result in destruction or irreparable damage, the Director will act in accordance with the advice of the City Attorney.

Public Art and Civic Art Collection Documents:

• CO00: Loan Terms & Procedures
• CO01: San Francisco Arts Commission Gift Policy
• PA00: Public Art Ordinance
• PA01: Policies and Guidelines for the Public Art Program
• PA02: Other Requirements for Artists
• PA03: Sample Artist Contract
• PA04: Vendor Compliance Forms
• PA06: Application Guide for Artists