ADDITIONAL PUBLIC ART COMMISSIONING POLICIES
We recommend that prospective public artists carefully read through the following policies.
Rights Reserved by the Arts Commission
The City reserves the right to not accept any applications, to not accept any artist recommended by any of the selection panels, to initiate an alternate Selection Process, or to reissue the RFQ for additional pre-qualified artist candidates.
Proposal Board and Maquette Policy
In the event that you are asked to develop a proposal, the following policy will apply. The Arts Commission will:
- At its sole discretion, have the unconditional right to own proposal maquettes or drawings selected for implementation as part of commission awards or may alternatively choose to retain all such maquettes until the project is complete.
- Retain first right of refusal to purchase proposal maquettes and drawings submitted by the artists not selected for implementation.
- Be given credit upon display and/or reproduction of any maquette or proposal commissioned, whether selected for implementation or not.
- Require that all proposals and/or maquettes submitted are original and unique.
Local Business Enterprise Goals and Participation
The requirements of the Local Business Enterprise (LBE) and Non-Discrimination in Contracting Ordinance set forth in Chapter 14B of the San Francisco Administrative Code (collectively the “LBE Ordinance”) shall apply to this RFQ. The artist selected may be required to subconsult a percentage of the total value of the contract to a subcontractor certified by the Contract Monitoring Division (CMD), and submit documentation of the good faith outreach efforts required by Chapter 14B. The City strongly encourages proposals from qualified LBEs, and a ratings bonus will be in effect for the award of this project to any proposers certified as a CMD LBE. All contractors and subcontractors awarded contracts are required to use the Elation secure web-based Local Business Enterprise Utilization Tracking System (LBEUTS) to submit payment information. For more information on CMD certification and requirements, visit this page or contact Lupe Arreola, CMD Compliance Officer for the Arts Commission at 415-581-2306, or at firstname.lastname@example.org.
Non-Discrimination and Equal Benefits Ordinance
The City and County of San Francisco, in its effort to provide equality of opportunity and equality of benefits, requires that individuals and businesses doing business with the City comply with Sections 12B and 12D of the Administrative Code. This requires that if you are an employer, and if you provide health or other benefits to the spouses of your employees, you must provide equal benefits to the registered domestic partners of your employees. This section also requires demonstration of good faith efforts to hire local disadvantaged business enterprises.
Americans with Disabilities Act
The selected artist(s) will be required to comply with Americans for Disabilities Act (ADA) requirements in addition to related federal, state and locals codes and will be encouraged to develop artwork(s) sensitive to programmatic as well as physical accessibility issues in cooperation with the Arts Commission and disabled communities.
Minimum Compensation Ordinance
This requirement only pertains to artists who have over 20 employees, or artists who may have their artwork fabricated by a company with over 20 employees. The selected artist(s) will be required to agree to comply fully with and be bound by the provisions of the Minimum Compensation Ordinance (MCO), as set forth in S.F. Administrative Code Chapter 12P. Generally, this Ordinance requires contractors to provide employees covered by the Ordinance who do work funded under the contract with hourly gross compensation and paid and unpaid time off that meet certain minimum requirements. For the contractual requirements of the MCO, see paragraph 42 of the Ordinance.
Health Care Accountability Ordinance
This requirement only pertains to artists who have over 20 employees, or artists who may have their artwork fabricated by a company with over 20 employees. The selected artist will be required to agree to comply fully with and be bound by the provisions of the Health Care Accountability Ordinance, as set forth in S.F. Administrative Code Chapter 12Q. Artists should consult the San Francisco Administrative Code to determine their compliance obligations under this chapter.
Required Forms and Contracts
In addition to the proposal MOU, as part of the City’s contracting process, the artist selected and approved by the Arts Commission will be asked to enter into contract with the City and County of San Francisco for the entire duration of the project. Artist applicants should review the Arts Commission standard template contract. While some items specific to individual projects such as scope of work, payment schedule and schedule of deliverables may be negotiated, the terms of the contract will not be changed. Depending upon the specific scope of the project, prior to the issuance and throughout the duration of the contract, the artist will also be required to maintain a San Francisco business tax license, go through the Vendor set-up process, fill out specific documents from the Human Rights Commission and will be required to carry various types of insurance, including Automobile Liability, General Liability, Fine Arts, and other insurance as required by the City.
All information contained herein does not constitute either an expressed or implied contract, and these provisions are subject to change.