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01-12-2016 FAC Agenda - reg mtg
Fine Arts Commission Tuesday, January 12, 2016 at 4:00 p.m. MIC Conference Room, 6`" Floor of City Hall 300 N. D Street, San Bernardino, CA 92418 Agenda Call to Order Ward Commissioner Present 1 Vacant 2 Olena Ohiy 3 Deborah Bunger 4 Dorothy Garcia, Chairperson 5 Vacant 6 Bronica Taylor 7 Donna Howard Mayor Michael Segura Mayor Barbara Babcock Mayor - Alternate 1 Vacant Mayor - Alternate 2 Vacant Commissioner /Staff Announcements Guest Speaker None Approval of Minutes - December 8, 2015 New Business Grants evaluation of 2015 -16 grants Windows Proposal, Micah Escamilla, photographer Potential December 2, 2016 Memorial Old Business Acquisition Policy Review — Steven Graham Grants Workshop Assignments (for January 21, and January 24) Setting date to make recommendations to MCC Art Walk Plans /Update Hip Hop Proposal Report on Multicultural Festival — Bronica Taylor January 2016 Calendar Public Comment Adjournment The next meeting of the Fine Arts Commission is set for 4:00 p.m. Tuesday, February 9, 2016 in the MIC Conference Room, 6th Floor of San Bernardino City Hall. 2016 Fine Arts Commission Meets 2nd Tuesday of the Month 4:00 p.m. MIC Conference Room City Hall, 6th Floor January 12 February 9 March 8 April 12 May 10 June 14 July 12 August 9 September 13 October 11 November 8 December 13 OFFICE OF THE CITY CLERK GEORGEANN "GIGI" HANNA - CITY CLERK 300 North "D" Street • San Bernardino • CA 92418 -0001 909.384.5002 • Fax: 909.384.5158 www.sbcity.org To: Applicants for the Fine Arts Grant for 2015 -16 The Grant application for the upcoming fiscal year is somewhat different from those in previous years. In addition to the arts organizations which have a 501 -c -3 designation, we have added our city Parks, Recreation, and Community Services centers and public schools located in the City of San Bernardino. Thus, the grants will be extremely competitive. We have also added two components which must be addressed in the applications: 1) All applications must include an educational component; in other words, a performance by itself or an exhibit by itself will not be funded. They must be the result /culmination of the educational component. 2) Arts organizations are required to include a partnership with a business. This is added in order to help create an economic relationship to the arts in this community. Examples: a purchase at a restaurant entitles the purchaser to a free ticket to a performance of the arts group; coupons given to arts participants entitle them to a discount at a restaurant or other business. There are many creative ways to fulfill this requirement. The timeline for the awarding of grants: Grant applications available: April 1, 2015 Grant applications due to Fine Arts Commission: May 15, 2015 Grant Approval Recommendations: May 30, 2015 Tentative notification of approval or rejection: June 10, 2015 Recommendations to City Council: June 15, 2015 Checks issued to recipients: After July 1, 2015, and before beginning of recipient's program (example, if program does not begin until September, check will be issued slightly before that date.) Grant workshops will be held for those wanting additional information or needing assistance. These dates will be communicated to all those who receive applications. For additional assistance, you may call Dr. Dorothy Garcia at 909 - 862 -3668 or Lynette McLean Kaplan at 909 - 880 -8765. CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity • Accountability • Respect for Human Dignity • Honesty POSSIBLE TIMELINE FOR FAC GRANTS: 2015 -16 FISCAL YEAR To be used by June 30, 2017 Notification of applications available December 1, 2015 Newspapers, mailing lists, etc. Applications sent to recipients December 7, 2015 -on going Applicants' Information Session Thursday, January 21/ Tuesday January 26 Applications returned to City Thursday, February 11 Out to Commissioners Tuesday, Wednesday, February 16 -17 i Interview of Applicants ur ay, February 2 FAC meeting for Recommendations Tuesday, March 8 or 15 (meet early ?)u��./ Tentative notification to applicants Wednesday, Thursday -March 9 -10 or 16 -17 Recommendation to City Council Monday, March 21 or April 4 Checks issued to recipients Before May 15 -- Note: Spring Vacation for SB City Schools: March 21 -April 1, for Rialto Schools: March 18 -25 �a9 M w II by rD v �+ fD G7 � O � " GO cn 0 C O rD a" y r 9 � J• rte+. 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Cb '� d �,,�� O N � � r0�r cot) + CD t7ri CD CD - p ('D r+ ("D bd CD SAN BERNARDINO FINE ARTS COMMISSION 2015 -16 GRANTS EVALUATION To Grantees: Your organization received a grant from the City of San Bernardino Fine Arts Commission to be used between July 1, 2015 -June 30, 2016. To help us monitor the effectiveness of our process of awarding grants to arts organizations in San Bernardino, please fill in the form below as fully as you can . Return to: Fine Arts Commission, Office of the City Clerk,City of San Bernardino, 300 North D Street, 2nd Floor, San Bernardino, CA 92418 by April 30, 2016 1. Name of Organization: 2. Project /Event N 3. Dates of Project: 4. Total Numbers Attending: As audience Anticipated: Actual: As participants Anticipated: Actual: Of these, how many were aged: Under 18 Over 18 5. How much was your grant? 6. How much of your project was funded from other sources (including ticket sales)? 7. How important was the grant from SB Fine Arts Commission to the success of your project: 8. What impact (if any) has your project had locally? 9. Please fill in the amount granted and the expenditure figures for your project. FAC Grant Amount $ Expendiltures $ TOTAL 10. Were the aims of your project achieved? What aspects went particularly well, or not so well? If possible, please send a photograph, a program or copies of press articles relating to your project. I. PURPOSE FINE ARTS COMMISSION CHAIRMAN - DOROTHY GARCIA ADDRESS: OFFICE OF THE CITY CLERK 300 NORTH "D" STREET SAN BERNARDINO, CALIFORNIA ART ACQUISITION POLICY ADOPTED: LAST REVISED: The purpose of this policy is to establish guidelines for and encourage the acquisition of art in the public spaces of the City of San Bernardino. II. ACQUISITION GUIDELINES Artwork for City Facilities should comply with the following guidelines: 2.1 The artwork should demonstrate higher aesthetic qualities, originality, and artistic excellence. 2.2 The artwork should be appropriate in scale, material, form, content and value such that it contributes to the identity and viability of the community and promotes the image of the City of San Bernardino. 2.3 The artwork should be durable, permanent, and easily protected from vandalism and weathering. Substantial consideration shall be given to the structural and surface integrity and stability of the foundation (or building fagade), the permanence and durability of the artwork, and the artwork's resistance against weathering, theft, and vandalism. 2.4 The artwork should not have any unsafe feature or conditions that may affect public safety. 2.5 The artwork should not disrupt traffic, nor create any unsafe conditions or distractions to motorists and pedestrians. 2.6 The Fine Arts Commission may appoint a Professional Advisory Panel, with members chosen by vote of a majority of the members of Commission, to advise and make recommendations to the Commission on whether artwork complies with these guidelines. FAC Art Acquisition Policy Page 1 of 6 ADOPTED: LAST REVISED: I / 4.4 STEP FOUR — The Commission reviews the submitted proposals from artists, including the artists' experience and qualifications, references, and art proposal to determine compliance with the Call. 4.5 STEP FIVE — The Commission selects semi - finalists. The arts may be asked to present their work at a public meeting of the Commission. The artists' proposals may be displayed in a public space for a fixed time period and public comment invited. 4.6 STEP SIX — The Commission selects a final proposal and artists for recommendation to the appropriate department. If approved by the department, the proposal shall be submitted to the Mayor and Common Council along with detailed information including timeline to completion, proposed contract with artist, and final budget. 4.7 STEP SEVEN — The Mayor and Common Council approve or deny the recommended proposal, timeframe, contract, and budget. The project then returns to the Commission for project monitoring. V. VCAINTENANCE Before artwork is accepted into the City's collection, the artist or donor must provide the City with the following: 5.1 A detailed list of the types, brands, and colors of materials composing the artwork. 5.2 A summary of cleaning instructions. 5.3 Estimated annual maintenance needs and costs in dollars and detailed budget. This information will be kept on file with the Department of Public Works. Any maintenance responsibilities of the artist or City must be clearly described in the contract with the artist. A maintenance and inspection schedule suitable for the site and work will be implemented upon possession of the work. Complete records of inspections, cleaning, and conditions of the work will be kept on file with the Department of Public Works. If the work becomes damaged, the City may contact the artist to see if s/he is willing to make the necessary repairs, or contract with another party to repair the work in the City's discretion. VI. REMOVAL The Fine Arts Commission may recommend to the Mayor and Common Council that a work be removed from the City's collection. It is contemplated that removal may be necessary when any of the following are present: FAC Art Acquisition Policy Page 3 of 6 ADOPTED: LAST REVISED: 8.4 Ability and willingness of the artist/applicant to work with the FAC and City Staff. 8.5 Ability of the applicant to provide funding (if proposed). 8.6 Verification that the completed and installed artwork will become the property of the City of San Bernardino and all necessary waivers are executed, including waivers for the Visual Artists Rights Act ( "VARA ") and the California Art Preservation Act ( "CAPA" ). 8.7 Artwork meets design, safety and maintenance criteria, funding availability, appropriateness of the artwork for the site and how well it contributes to the identity and viability of the community and promotes the image of the City of San Bernardino. IX. SUBMISSION REQUIREMENTS 10.1 A completed Application Form and VARA /CAPA waivers. 10.2 A site plan with photograph or depiction showing the placement of the proposed artwork within the site proposed. 10.3 A narrative statement to demonstrate that the artwork will be displayed in an area open and freely available to the general public. 10.4 A narrative of the artist's concept. 10.5 Evidence of the value of the proposed artwork. 10.6 Description of maintenance requirements. 10.7 Visual representations of the artwork will be submitted in one of the following formats: a. 8 "x 10" photographs or digital photos on CD/USB depicting several views of the artwork; b. A model of the artwork; or C. A graphic or artist illustration depicting several views of the artwork. FAC Art Acquisition Policy Page 5 of 6 Lead Artist MailingAddress City Phone # Email Project Coordinator. Mailing Address_ City Phone # Email Sponsoring Organization. Street Address City Phone # E -mail Funding Source(s) FINE ARTS COMMISSION CHAIRMAN - DOROTHY GARCIA ADDRESS: OFFICE OF THE CITY CLERK 300 NORTH "D" STREET SAN BERNARDINO, CALIFORNIA ART APPLICATION FORM State Fax #( ) Fax #( ) Fax #( ) Zip State Zip State Zip Artist Waiver for Artwork on City Property Waiver of Proprietary Rights for Artwork Placed upon City Property The provisions of this paragraph shall apply to modify Artist's rights of attribution and integrity as set out in the Visual Artists Rights Act, 17 U.S.0 § §106A and 113(d) ( "VARA "), the California Art Preservation Act, Cal. Civil Code §§ 987 and 989 ( "CAPA "), and any rights arising under United States federal or state law or under the laws of another country that convey rights of the same nature as those conveyed under VARA and CAPA, as against the City of San Bernardino ( "City ") and its agents. The City has the absolute right to change, modify, destroy, remove, relocate, move, replace, transport, repair or restore the [describe artwork /project: mural, sculpture, etc. and medium]: entitled [title of work]: and located at [identify site, including interior location if applicable],: in whole or in part, in City's sole discretion. Artist's Address for Notice: Artist bears the sole responsibility for providing the City with any changes to the Artist's Address for Notice. Notice of changes must be mailed to: Office of the City Clerk 300 North "D" Street San Bernardino, CA 92418. Artist Signature/Date City Signature /Date Please let me know if you have comments or questions. As we agreed, when I hear from Steven, I will notify you (probably by phone) Dotti ---- - - - - -- Forwarded message ---- - - - - -- From: Steven Graham <Graham Stk)sbciiy.org> Date: Fri, Nov 20, 2015 at 4:35 PM Subject: Art Acquisition Policy / Application / Waivers To: "Dorothy Garcia (erdogar(a�roadrunner.com) (erdogar(iuroadrunner.com)" <erdogar(c).roadrunner.com >, "msegura909 @-gmail.com" <msegura909 2gmail.com> Cc: Gigi Hanna < Hanna Gi(a-)sbcity.org >, Crystal Johnson < Johnson Cr c sbcity.> Dotti and Michael, See the attached final version of the Art Acquisition Policy and Application. I believe I have incorporated the comments and feedback from the FAC, but I wanted to give you both what I have so that you can let me know if I missed anything. Please also see the attached application and waivers. ADOPTED: LAST REVISED: III. METHODS OF ART ACQUISITION There are four methods by which the Fine Arts Commission may acquire art for City Facilities. 3.1 OPEN: Artists submit proposals in response to a public advertisement. The Ir Fine Arts Commission then reviews the proposals and either recommends an I artist/s to the Mayor and Common Council for acquisitions or requests more detailed proposals from selected artists. 3.2 INVITATIONAL: The Fine Arts Commission may recommend a limited number of artists on the basis of interview or review of previous work. The artists are then invited to develop a site - specific proposal for a particular project. The artists may then present a proposal to the Commission. The :1 Commission reviews the submitted proposals and recommends acquisitions to the Mayor and Common Council. 3.3 DIRECT: A majority of the members of the Commission may invite a Ll particular artist /s that the Commission feels are particularly well qualified for a project to submit a proposal directly to the Commission without a competition process. 3.4 COMMUNITY INITIATED PUBLIC ART; Members of the public may nX submit a proposal directly to the Commission. Any proposal must be received by the Office of the City Clerk no later than 10 days before the next meeting r`a of the Commission to be considered for an agenda. A proposal may be (J submitted during the Public Comments portion of a regular meeting, but cannot be acted upon until the next meeting of the Commission. TV. ACQUISITION PROCEDURE 4.1 STEP ONE — The Commission defines a public art project by selecting the location (ensuring that the location is on City of San Bernardino property) and the method of selection (see Section III). 4.2 STEP TWO — The Commission develops a Call for Artists / Request for Proposals. The Call should include the proposed budget for the project. 4.3 STEP THREE — The Call is considered by the appropriate department charged with management of the particular location selected, such as, the Board of Library Trustees, the Board of Water Commissioners, the Director of Parks, or the Director of Public Works. If approved, the Call is then submitted to the Mayor and Common Council for approval and published. FAC Art Acquisition Policy Page 2 of 6 ADOPTED: LAST REVISED: 6.1 The artwork is its present state poses a safety hazard to the public or the environment. 6.2 Restoration of the work aesthetically and/or structurally is not feasible, or the expense of such restoration would be disproportionate to the value of the work. 6.3 The architectural support (building, wall, streetscape) is to be demolished and relocation is not feasible. 6.4 Prolonged protest of the work persists to the extent that the work detracts rather than enhances the site and the community. 6.5 The work acts as an encumbrance to the use of public property. 6.6 The public use of the site has changed or is proposed to change in a manner that is no longer compatible with the artwork. The artist shall be notified before y re ov , 4�! �he artist shall be given the opportunity to purchase the art from the City, if it is movable'. , VII. DONATIONS The City of San Bernardino welcomes any financial donations to benefit this art program. Donations may be tax deductible and may be directed towards a specific project or purpose. The City of San Bernardino also welcomes donations of art, however, before accepting or placing any donated art the other requirements of this policy for art acquisition must be followed. VIII. SELECTION CRITERIA All artwork proposals will be reviewed by the Fine Arts Commission for recommendation to the Mayor and Common Council. The Commission will evaluate the works of art based on the following criteria: 8.1 Verification that the artwork will be located on public property and be publicly accessible. 8.2 Ability of the artist/applicant to complete the project within the proposed timeframe and budget. 8.3 Commitment of proposed partners involved in the project. Application should include a clear explanation of the responsibilities of each entity involved in the project. FAC Art Acquisition Policy Page 4 of 6 ADOPTED: LAST REVISED: 10.9 An application fee as set by the Mayor and Common Council. X. CURRENTLY EXISTING ARTWORK Within 6 months of the effective date of this Policy, an assessment shall be done of all existing artwork in City Facilities. After assessment and listing of the artwork, their conditions, and their anticipated maintenance requirements, the Commission will recommend action on the currently existing artwork to the Mayor and Common Council. Recommended action may include maintenance, modification, relocation, or removal of the artwork. FAC Art Acquisition Policy Page 6 of 6 Proposed Site of Artwork Artwork Title Artwork Dimensions Estimated Schedule: (start and completion dates) Councilmember's Ward where proposed mural will be placed # 1) Proposal (describe proposed design, site, and theme and attach a separate document if needed). Z) Materials and processes to be used. 3) List individuals and groups involved in the design, preparation, and implementation. Attach the following documents to the Application Form • Lead artist's resume /qualifications and examples of previous work Three (3) letters of community support (optional) '�/ _ Letter or resolution approving proposal from city department *'e�ci_y • Signed Artist Waiver of Proprietary Rights for artwork placed upon city property • Maintenance Plan (including parties responsible for maintenance) Color image of design One image of the proposed site and indicate artwork dimensions COMMENTS ON "ART ACQUISITION POLICY" DRAFT Section Two Add Professional Advisory Panel could (will ?) be appointed by the FAC..... Section Three Heading should be Commissioning Process or Methods of Acquiring Art First sentence: There are ...may acquire... art for City Facilities 3.3 In this process, Upon the recommendation of a majority of the members of the Commission who feel that one artist or artists is /are particularly... Add 3.4 Community Initiated Public Art (Section 8 in this document) Section Four 4.7 The Mayor and Common_Council approve or deny the selection, time frame... Section Six Last two sentences: The artist shall be given the opportunity to purchase the art from the City, if It is moveable. Section Eight This should be Section 3.4 Need an application form See i6n- Ten 10.2 Is there a simpler way of saying this? "building and grade elevation and building facades," is scary to some people. Could we include something like "a photograph of the area /wall on which the art will be placed." Section Eleven As we discussed at the FAC meeting, some of this may be accomplished through the "mapping" project for which a grant application has been made. ! do think it is important to assess what we currently have whether we get the grant or not. We are only talking about art on City Facilities. That certainly should be possible within six months. I think we should leave it as is. Perhaps Commissioners can take responsibility for checking out their own wards! NYCsubwaygirl.com facebook + twitter What's your inspiration? CITY OF SAN BERNARDINO ART ACQUISITION POLICY DRAFT: This is a draft policy concerning the acquisition of art for City of San Bernardino property. It has not been reviewed or approved by the Fine Arts Commission. The policy is based on the "Proposed Original Artwork Mural Ordinance" submitted to the City Attorney's Office by the Fine Arts Commission. Wording is subject to change before approval. The draft policy has been formatted to allow for easy editing. The final version will have substantial changes to the formatting. Definitions will be added to final version. SECTION ONE - PURPOSE The purpose of this policy is to encourage is to establish guidelines for and encourage the acquisition of art in the public spaces of the City of San Bernardino. SECTION TWO — ART ACQUISITION GUIDELINES Artwork for City Facilities should comply with the following: 2.1 The artwork should demonstrate higher aesthetic qualities, originality, and artistic excellence; 2.2 The artwork is appropriate in scale, material, form, content and value such that it contributes to the identity and viability of the community and promotes the image of the City of San Bernardino; 2.3 The artwork is durable, permanent, and easily protected from vandalism and weathering. Substantial consideration shall be given to the structural and surface integrity and stability of the foundation (or building fagade), the permanence and durability of the artwork, and the artwork's resistance against weathering, theft, and vandalism; 2.4 The artwork shall not have any unsafe feature or conditions that may affect public safety; and, 2.5 The artwork shall not disrupt traffic, nor create any unsafe conditions or distractions to motorists and pedestrians. SECTION THREE - COMMISSION PROCESS There are three methods by which the City of San Bernardino may commission art for City Facilities. 3.1 OPEN: Artists submit proposals in response to a public advertisement. The Fine Arts Commission then reviews the proposals and recommends and artist or artists to the Mayor and Common Council for acquisitions or requests more detailed proposals from selected artists. 3.2 INVITATIONAL: The Fine Arts Commission recommends a limited number of artists on the basis of interview or review of previous work. The artists are then invited to develop a site - specific proposal for a particular project. The artists may then present a proposal to the Commission. The Commission then reviews the submitted proposals and recommends acquisitions to the Mayor and Common Council. 3.3 DIRECT: In this process, upon the recommendation of a majority of the Commission who feel that one artist is particularly well qualified for a project, s /he may be invited to submit a proposal directly to the Commission without a competition process. SECTION FOUR - ACQUISITION PROCEDURE 4.1 STEP ONE — The Fine Arts Commission defines a public art project by selecting the location (ensuring the project is on City of San Bernardino property) and the method of selection (see above). 4.2 STEP TWO — The Commission defines the parameters of the project to be used in the call for artists or direct selection, develops a budget for the project, and adopts a proposed call for artists for Department and Mayor and Common Council approval. Public comment will be invited by the Commission. 4.3 STEP THREE — The proposed call for artists is considered by the appropriate department charged with management of the particular location selected, such as, the Board of Library Trustees, the Parks and Recreation Commission, or the Director of Public Works. The proposed call for artists is then considered for approval by the Mayor and Common Council. If either the department or Mayor and Common Council do not approve the proposed call for artists, the Fine Arts Commission may revise, revisit, or cancel the proposed call for artists. 4.4 STEP FOUR — The Commission reviews initial submissions, including the artist's experience and qualifications, references, and preliminary proposals for the project or specific works of art to determine compliance with the call for artists. 4.5 STEP FIVE — The Commission selects semi - finalists. The artists may present their work at a public meeting of the Commission. The artists' work may be displayed in a public place for a fixed time period and public comment invited. 4.6 STEP SIX — The Commission selects a final proposal and artist. The final proposal and artist is considered by the appropriate department charged with management of the particular location selected, such as, the Board of Library Trustees, the Parks and Recreation Commission, or the Director of Public Works. The recommendation of the Fine Arts Commission and the appropriate department is made to the Mayor and Common Council and includes a timeframe for completion, proposed contract with artist, and final budget. 4.7 STEP SEVEN — The Mayor and Common Council approve or denies the selection, timeframe, contract, and budget. SECTION FIVE - MAINTENANCE Before a work is accepted into the City's collection, the artist must submit: A detailed list of exact types, brands, and colors of materials used; - A summary of cleaning instructions; and, Estimated annual maintenance needs and costs in dollars. This information will be kept on file with the Department of Public Works. Any maintenance responsibilities of the artist or City must be clearly described in the contract with the artist. A maintenance and inspection schedule suitable for the site and work will be implemented upon possession of the work. Complete records of inspections, cleaning, and conditions of the work will be kept on file with the Department of Public Works. If the work becomes damaged, the City may contact the artist to see if s /he is willing to make the necessary repairs, or contract with another party to repair the work in the City's discretion. SECTION SIX - REMOVAL The Fine Arts Commission may recommend to the Mayor and Common Council that a work be removed from the City's collection. It is contemplated that removal may be necessary when any of the following are present: 6.1 The artwork is its present state poses a safety hazard to the public or the environment. 6.2 Restoration of the work aesthetically and /or structurally is not feasible, or the expense of such restoration would be disproportionate to the value of the work. 6.3 The architectural support (building, wall, streetscape) is to be demolished and relocation is not feasible. 6.4 Prolonged protest of the work persists to the extent that the work detracts rather than enhances the site and the community. 6.5 The work acts as an encumbrance to the use of public property. 6.6 The public use of the site has changed or is proposed to change in a manner that is no longer compatible with the artwork. The artist shall be notified before any relocation or removal, if possible. The artist shall be given the opportunity to purchase the art from the City. SECTION SEVEN - DONATIONS The City of San Bernardino welcomes any financial donations to benefit this art program. Donations may be tax deductible and may be directed towards a specific project or purpose. The City of San Bernardino also welcomes donations of art, however, before accepting or placing any donated art the other requirements of this policy for art acquisition must be followed. SECTION EIGHT - COMMUNITY INITIATED PUBLIC ART In furtherance of the City's purpose to encourage art in public places, this section describes how members of the community may come forth with beneficial art collection proposals. 8.1 The Community Initiated Public Art Application should be completed and submitted with proposals to the Fine Arts Commission for their review and possible recommendation to the City Council for final consideration. 8.2 Applications can be submitted to the City Clerk's Office at the 2nd Floor of City Hall no later than 10 days before the next scheduled meeting to be included on the agenda or the application can be submitted to the Commission at their meeting during "Public Comments of any item not on the Agenda ". Applications presented at "Public Comments" cannot be officially discussed or acted upon by the Commission until the next meeting when it can be placed on the agenda. SECTION NINE - SELECTION CRITERIA All artwork proposals will be reviewed by the Fine Arts Commission for recommendation to the Mayor and Common Council. The Commission will evaluate the works of art based on the following criteria: 9.1 Verification that the artwork will be located on public property and be publicly accessible. 9.2 Ability of the artist /applicant to complete the project within the proposed timeframe and budget. 9.3 Commitment of proposed partners involved in the project. Application should include a clear explanation of the responsibilities of each entity involved in the project. 9.4 Ability /willingness of the artist /applicant to work with the FAC /City Staff. 9.5 Ability of the applicant to provide funding (if proposed). 9.6 Verification that the completed and installed artwork will become the property of the City of San Bernardino. 9.7 Artwork meets design, safety and maintenance criteria, funding availability, appropriateness of the artwork for the site and how well it contributes to the identity and viability of the community and promotes the image of the City of San Bernardino. SECTION TEN - SUBMITTAL REQUIREMENTS 10.1 A completed Application Form 10.2 A site plan with building and grade elevation and building facades, showing the placement of the proposed artwork within the site proposed. U 10.3 A narrative statement to demonstrate that the artwork will be displayed in an area open and freely available to the general public. 10.4 A narrative of the artist's concept. 10.5 Evidence of the value of the proposed artwork. 10.6 Description of maintenance requirements. 10.7 Visual representations of the artwork will be submitted in one of the following formats: 10.7.1 8 "x 10" photographs or digital photos on CD depicting several views of the artwork; l 0.7.2 A model of the artwork; or 10.7.3 A graphic or artist illustration depicting several views of the artwork. 10.8 Budget detail. 10.9 An application fee as set by the Mayor and Common Council. SECTION ELEVEN - CURRENTLY EXISTING ARTWORK Within 6 months of the effective date of this Policy, an assessment shall be done of all existing artwork in City Facilities. After assessment and listing of the artwork, their conditions, and their anticipated maintenance requirements, the Commission will recommend action on the currently existing artwork to the Mayor and Common Council. Recommended action may include maintenance, modification, relocation, or removal of the artwork. What is Art? Philosophies and Values By Daniel Foster Art is fundamentally about the pursuit of beauty and/or truth. Beauty is not always truthful, and truth is not always beautiful. Art is a mirror of our life and times. Contemporary art often addresses the most important issues facing our individual and /or collective lives, offering socio- cultural insights and approaches that build new knowledge and make positive impact in the world. Additionally, often the greatest art transcends time and space, ultimately touching a universal and timeless cord and collective consciousness that unites us all. Art gives us meaning and identity. Our lives and attitudes are heavily defined and influenced by the creative /artistic /cultural environment that we live and work in. Art softens and humanizes the built landscape and our utilitarian world. Art is the artifact of a creative journey /process initiated by the artist. Most great artists are firmly committed to the "process ", recognizing that good inputs in a good process will produce a good output and result. Art can be the result of good luck or an accident. Some artists courageously pursue their curiosity of the "unknown" into the dark, experimenting and fumbling for "something ", and sometimes finding that "intangible" and special ingredient that defines and their unique and distinctive iconography of a body of work or career. Art is spiritual technology. Many artists find their source of inspiration from deep within their soul — a powerful portal to connecting with their deepest spiritual, religious, and philosophical beliefs. Thus, artmaking can be a form of spiritual practice which can produce powerful and enlighten moments of personal transformation, identity, and /or spiritual awareness. Art is not a luxury - -- rather a necessity. Throughout history, the most primitive and remote cultures in the world highly value art in their daily /hourly lives. Art is a fundamental element of human and social expression, relatedness, and consciousness. Art contextualizes the important content of our lives. Art is a healing force. Art Saves Lives! The power of art as a form of formal or informal therapy that can heal the body (and our mind, heart, and soul) is very well established and growing in the medical fields. For many of our most desperate and vulnerable individuals in our communities, art can be the last resort /safety net to maintain some sense of "hope" or escape. Art is a very effective tool of communication — particularly with youth and disenfranchised individuals. Many individuals struggle with traditional forms of communication ... but, art is a powerful tool for self- expression and connecting to the world and it easily transcends barriers (i.e., language, socio- economic, cultural, etc.). Art is everywhere — it's a matter of attitude and perception. Whether we are conscious of it or not, we are all exposed to many forms of art on a second -by- second basis, and its sub - /unconscious positive effect on our well -being and quality of life is huge. Art can defeat ignorance and hatred. Art is the light that defeats darkness. Art educates and enlightens people's knowledge and understanding for the diversity of cultures and peoples in the world -- -often building tolerance, acceptance and appreciation for the commonalities and differences between us all. Art is in us all. Artmaking is the artist's process and intentionality of imbuing his /her vision and energy into the material /physical world. Artmaking is a natural instinct in us all — children express their creative voices early and uninhibitedly, and then over time tend to grow artistically /creatively shy and insecure with adulthood. The "critical eye" of judgment applied too early in life can be toxic to the artistic spirit. -4 AMERICANS 10 Reasons to Support the Arts fort LAREM 1. True prosperity ... The arts are fundamental to our humanity. They ennoble and inspire us— fostering creativity, goodness, and beauty. They help us express our values, build bridges between cultures, and bring us together regardless of ethnicity, religion, or age. When times are tough, the arts are salve for the ache. 2. Improved academic performance ... Students with an education rich in the arts have higher GPAs and standardized test scores, lower drop -out rates, and even better attitudes about community service — benefits reaped by students regardless of socio- economic status. Students with four years of arts or music in high school average 100 points better on their SAT scores than students with one -half year or less. 3. Arts are an Industry ... Arts organizations are responsible businesses, employers, and consumers. Nonprofit arts organizations generate $166 billion in economic activity annually, supporting 5.7 million jobs and generating nearly $30 billion in government revenue. Investment in the arts supports jobs, generates tax revenues, and advances our creativity-based economy. 4. Arts are good for local merchants ... The typical arts attendee spends $27.79 per person, per event, not including the cost of admission on items such as meals, parking, and babysitters. Non -local arts audiences (who live outside the county) spend nearly twice as much as local arts attendees ($40.19 vs. $19.53) — valuable revenue for local businesses and the community. 5. Arts are the cornerstone of tourism ... Arts travelers are ideal tourists —they stay longer and spend more. The U.S. Department of Commerce reports that the percentage of international travelers including museum visits on their trip has grown annually since 2003 (17 to 24 percent), while the share attending concerts and theater performances increased five of the past seven years (13 to 17 percent since 2003). 6. Arts are an export industry ... U.S. exports of arts goods (e.g., movies, paintings, jewelry) grew to $64 billion in 2010. With U.S. imports at just $23 billion, the arts achieved a $41 billion trade surplus in 2010. 7. Building the 21" Century workforce ... Reports by the Conference Board show creativity is among the top 5 applied skills sought by business leaders —with 72 percent saying creativity is of high importance when hiring. The biggest creativity indicator? A college arts degree. Their Ready to Innovate report concludes, "...the arts— music, creative writing, drawing, dance — provide skills sought by employers of the 3rd millennium." 8. Healthcare ... Nearly one -half of the nation's healthcare institutions provide arts programming for patients, families, and even staff. 78 percent deliver these programs because of their healing benefits to patients— shorter hospital stays, better pain management, and less medication. 9. Stronger communities ... University of Pennsylvania researchers have demonstrated that a high concentration of the arts in a city leads to higher civic engagement, more social cohesion, higher child welfare, and lower poverty rates. A vibrant arts community ensures that young people are not left to be raised solely in a pop culture and tabloid marketplace. 10. Creative Industries ... The Creative Industries are arts businesses that range from non - profit museums, symphonies, and theaters to for -profit film, architecture, and advertising companies. An analysis of Dun & Bradstreet data counts 904,581 businesses in the U.S. involved in the creation or distribution of the arts that employ 3.3 million people— representing 4.25 percent of all businesses and 2.15 percent of all employees, respectively (get a Creative Industry report for your community here). www.AmericansForTheArts.org G / 9 City of Pomona Art in Public Places POLICY and GUIDELINES MANUAL Approved by the City Council of the City of Pomona on December 5, 2011 by Resolution No. 2011 -150 and as amended by Resolution No. 2012 -35 adopted by the City Council on March 5, 2012 Contents Part I ' Introduction and Overview I. Introduction 11. General Goals and Objectives A. Mission statement B. Goals C. Objectives III. Terms and Definitions IV. General Criteria A. Acceptable types of public artwork B. Public Art Fund C. Public Art Advisory Committee D. General Artwork Location Criteria E. Artist selection criteria Part 2 Private Development Policy and Guidelines I. Program Introduction 11. Public Art Requirement for Private Development III. Public Art Allocation IV. Eligible Expenditures V. Ineligible Expenditures VI. Procedure for approval of public art provided by a private developer VII. Procedure for approval of public art funded by in -lieu contributions A. Overview B. Approval Procedure VIII. Eligible Expenses for the Installation /Provision of Public Art IX. Ineligible Expenses for the Installation /Provision of Public Art X. Artist Selection Guidelines X1. Artwork Selection Guidelines XII. Acceptable Types of Public Art XII1. Public Art Location Guidelines XIV. Ownership and Maintenance XV. Budget and Contracts XVI. Property Owner's Responsibilities Part 3 Public Art Donations and Acquisitions Policy and Guidelines I. Purpose II. Donated or Loaned Artwork III. Donation of Funds for the Provision of Public Artworks IV. Value Verification V. Removal or Relocation of Artwork Appendix A — Conceptual Design Plan application form Appendix B — Final Design Plan application form ART IN PUBLIC PLACES Page 2 Introduction and Overview I. Introduction The City of Pomona is dedicated to preserving and building on the inventory of existing public art within the community. Towards that goal, the City Council established the Art in Public Places Program that includes both a public art for private development component and a public acquisitions and donations component. The public art requirement for private development was approved by the City Council by Ordinance No. 4151 on December 5, 2011, thereby adding section .5809 -24 to the Zoning Code. The City Council approved the Art in Public Places Program Policies and Guidelines Manual by Resolution No. 2011 -150 on December 5, 2011. With its inception, the Art in Public Places Program will become a vital element of Pomona's personality. With original public artwork located throughout the City, Pomona will truly be known as a "Place for Art." Public art increases cultural awareness, stimulates imaginations, and provokes creative dialog among those in the community. Public art pieces become landmarks. They identify and draw attention to buildings and parks. Residents, business owner and customers, neighbors, and visitors will enjoy the quality of life that art provides on a daily basis. We invite you to tour the City and view both new and historic public artwork located throughout Pomona. The Art in Public Places Program Policies and Guidelines Manual (the Manual) includes three sections: 1) Overview and Introduction; 2) Public Art for Private Development; and 3) Public Art Donations and Acquisitions. The Overview and Introduction section includes a mission statement, goals and objectives and the program components that are common to both parts, including definitions, acceptable types of artwork, and a description of the Public Art Fund. Part 2 of the Manual establishes for the public art for private development program policies and objectives; artist, artwork and location criteria and guidelines; and a detailed description of the application process. This part of the Manual is also intended to provide guidance to developers of projects subject to the public art requirement in maneuvering through the application process. Part 3 of the Manual is directed towards those wishing to donate artwork or funds for the provision of public artwork. By publicizing the procedures and criteria used for selecting public artwork, it is hoped that the selection of artists and artworks will be seen as an open and fair process. Those wishing to donate artwork and funds for the city to acquire public artwork are truly appreciated for their generosity and public spirit. This manual provides a process for the acceptance of public art pieces as well as for acceptance of monetary donations intended to provide public artwork. The manual also includes a detailed step -by -step process for use of public art funds in the development of new pieces of public art. This manual is also intended for artists who are interested in becoming involved in the public art process. It is hoped that by clarifying and demystifying the public art process in the Manual, artists will be encouraged to participate in the public art process. ART IN PUBLIC PLACES Page 3 We hope that your experience with Pomona's Art in Public Places Program is a positive one and that the result of our collaboration is a work of art of which all can be proud. Please contact the Planning Division at 909.620.2191 with any questions. We look forward to continuing successful partnerships, as, together, we make Pomona a special place to live, work and visit. II. General Goals and Objectives A. Mission Statement Through the acceptance of public artworks and donated funds to provide public artwork and the provision of public artwork on private development sites, the City intends to increase citizens' appreciation of art, to improve the quality of life, and to enhance and identify Pomona as a unique community. The Art in Public Places Program is intended to be integrated into the physical and social environment of the City and to reflect a broad range of community input and involvement by artists and art professionals. Sense of Place Art is important to our common experience because it brings focus, importance, and cohesion to public spaces. Public art develops images and provides experiences that reflect the historical and cultural essence of a community. Public art transforms public spaces by giving them context and relevance and making them places of community interest and pride. Public art has the potential to improve the appearance of an entire business block; to heighten the ethnic, historical or cultural aspects of a neighborhood; and to attract foot traffic to a street that formerly had little or none. Artist Participation Artists are encouraged to become involved in the public artwork selection process. Through their participation, artists can provide a layer of aesthetic insight that expands the possibilities for creating public spaces for a community. Community Involvement A neighborhood or community often develops a unique identity and character over time. Residents are uniquely qualified to interpret the character of a neighborhood or community and to provide insight into the types of public artwork that are best suited for those areas. Those who reside or work in the community or neighborhood in which the artwork will be placed are encouraged to participate in the selection of public artwork. Summary The intent of the Art in Public Places Program policies is to make the public art one of the primary resources in the revitalization of the City. Through the policy concepts described above, the Cultural Arts Commission and the citizens of Pomona will reap the physical, social, cultural, and economic benefits that only a public art program can make happen. ART IN PUBLIC PLACES Page 4 B. Goals The goals of the Art in Public Places Program are as follows: • To increase understanding and enjoyment of art in public places and encourage interaction of Pomona residents, business owners, arts patrons, and visitors; • To acquire and commission quality and diverse works of art for community enrichment; • To contribute to the civic pride of Pomona citizens; • To develop an Art in Public Places program unique to the City of Pomona; • To encourage an environment for artistic creativity in Pomona; • To place public art that is site specific and environmentally responsive in publicly accessible and visible locations; • To encourage placing public art throughout the City; • To administer and maintain an inventory and historical record of public artwork acquired through the program for the purpose of conserving the public art collection; • To promote Pomona as a local, state, and national leader of Art in Public Places; • To increase business and tourism in the City; • To encourage participation by all socioeconomic and ethnic groups in the public art process. C. Objectives The objectives of the Art in Public Places Program are as follows: • Establish an artwork selection process involving artists and arts professionals to ensure quality in the selection of public art; • Establish policies and guidelines for administering and maintaining the public art collection; • Establish criteria and guidelines for the review and approval of new public artwork; • Establish criteria and guidelines for the selection of locations for proposed artworks and for the integration of public artwork into a site; • Develop guidelines for reviewing and /or recommending the removal, relocation, or alteration of any artwork owned by the City. III. Terms and definitions Artist: An individual or team of individual artists whose body of work and professional activities demonstrate serious ongoing commitment to the fine arts. Members of architectural, engineering, design or landscaping firms retained for the design and construction of a development project covered by this Manual shall not be considered artists for the purpose of meeting the requirement to provide public art. Arts professional: An individual who works in the fine arts field (such arts consultant, fine arts curators, fine arts collectors, art critics or art educators), but is not a professional artist. Artwork or work of art: Visual work of art, as distinguished from the performing arts, media art, and literary or cultural arts. The works of art may either be permanent or temporary in nature, as required by the specific project, and installed in public view. ART IN PUBLIC PLACES Page 5 Artwork cost: Artwork cost is the total amount budgeted by the Commission for a public artwork project. Building valuation: The total dollar amount of all construction permits for the same development project using the latest building valuation data as set forth by the International Conference of Building Officials (ICBO) building valuation. Conceptual Design Plan: The initial phase of the approval of public artwork that includes review of the artist's or artist team's qualifications, conceptual artwork design and artwork location. Cultural Arts Commission (Commission): The Commission is the formal body established by the City of Pomona Municipal Code Section 2.581 who's primary responsibilities in relation to the Art in Public Places Program is to appoint the seven voting members of the Advisory Committee and to make decisions on public art proposals presented by the Advisory Committee. Design: Artwork detailing project design, including scale drawings within site context, sealed by an engineer, if required. Design team approach: The creation of a public artwork piece for large public projects, such as police and fire stations, and parks, through the collaboration of an artist or group of artists, architect, appropriate City staff, project proponent, engineer, and project managers to integrate works of public art into buildings or landscapes. Fabrication: A detailed description of the methods of fabrication as well as any uncommon or unusual details regarding the approach to creating an artwork piece. Final design plan: The final phase of the approval of public artwork that involves consideration of a highly defined proposal that conforms to the concept previously considered and approved by the Advisory Committee. In -lieu contribution: In place of an approved artwork on the site, a developer may elect to pay to the City an amount equal to the program allocation set forth in Section .5809 -24 of the Zoning Code. In -lieu fees shall be submitted to the City and deposited into the Public Art Fund before issuance of a building permit for the development project. Installation: A detailed description of the installation procedure if the artwork will not be fabricated directly on the selected site. Installation would include the construction of any required footings or foundation. Institutional use (for the purpose of the Art in Public Places Program): A nonprofit or quasi - public use, such as a religious institution, library, public or private school, hospital, museum or college or university Public Art: Any permanent display of a work of visual art that was specifically designed to be located on a site where it would to be accessible to public view on private or public property within the City of Pomona. The work of art may include, but need not be limited to, sculpture, murals, mosaics, fountains, stained glass, and earthworks. ART IN PUBLIC PLACES Page 6 Public Art Advisory Committee (Advisory Committee): A seven - member committee appointed by the Cultural Arts Commission whose main purpose is to review and make recommendations to the Cultural Arts Commission on applications for public art. Public Art Allocation: The public art allocation is the percentage of the construction costs of projects subject to the public art requirement that are to be allocated by the developer for public art in an amount equal to one percent of the total building valuation for an applicable project. In the cases where the developer elects to pay an in -lieu contribution, the allocation shall be equal to 1 percent of the total building valuation. Public Art Fund: An interest - bearing account that is managed by the City Manager, or designee, into which public art funds, including donated funds, in -lieu funds and /or public art grant funds, are deposited. Public place: Any interior or exterior area on public or private property that is easily accessible by and clearly visible to the general public. IV. General Criteria The following criteria apply to both the public and private components of the Art in Public Places Program. A. Acceptable types of public artwork Public artwork work is limited to permanent visual works of art, as opposed to performing art, including, but need not be limited to, murals, mosaics, sculptures, artist - designed landscape features, streetscape features, and earthworks. Additional artwork selection guidelines and criteria are included for acceptable public artwork on private development sites. Refer to Part 2 Sections X and XI for more information. B. Public Art Fund Any moneys donated for the purpose of providing public artwork shall be deposited into a separate interest - bearing account referred to as the Public Art Fund. The City Manager, or designee, shall administer the funds and establish accounting records sufficient to identify and control these funds. The City Manager or designee shall authorize all disbursements from the Public Art Fund. The account shall not be added to the City's general fund. The Public Art Fund may also be used as a depository for endowments, bequests, grants or donations. These funds may be used for the provision of public artwork on a location that is consistent with the criteria in Parts 2 and 3 of the Manual or for other purposes consistent with the Manual provisions. The City Manager or designee shall keep clear accounting of each type of fund paid into the Public Art Fund. C. Public Art Advisory Committee (Advisory Committee) The Advisory Committee is responsible for reviewing and making decisions on conceptual design plans submitted by a developer of a project subject to the public art requirement. The ART IN PUBLIC PLACES Page 7 Advisory Committee shall ensure that all public art projects meet the program criteria and guidelines for selection of an artist or artist team, artwork, and artwork location established in this manual before submittal of the Final Design Plan to the Cultural Arts Commission. Members of the Advisory Committee shall be appointed by the Cultural Arts Commission as follows: Appointment and terms of office: 1. The Advisory Committee shall consist of the following seven voting members a. Three members of the Cultural Arts Commission; b. Four community members at least three of whom have a background as an artist or arts professional. 2. All members of the Advisory Committee shall reside in or own a business in the City, or be employed in the City, or be on the board or active member of a non - profit organization based in the City of Pomona. 3. The terms of office for members of the Advisory Committee shall be for a two -year period. 4. Any vacancy that occurs before expiration of a term shall be appointed by the Cultural Arts Commission for the unexpired portion of the term. 5. The Advisory Committee shall appoint a chairperson. The primary duties of the Advisory Committee shall include: 1. Review and approval of the Conceptual Design Plan application. 2. Making recommendations to the Cultural Arts Commission on use of public art funds for acquiring and locating public art on a property. Other City staff, as may be appropriate, shall serve as resource persons to the Advisory Committee as deemed appropriate by the City Manager or her /his designee. D. General artwork location criteria Public artwork should be consistent with the following general criteria: • Public sites in an outside area that are open, freely available and visible to the general public; • Interior sites that are regularly open to the public and in a location within the building that is freely available and viewable by the general public; • Artwork shall not be placed adjacent to monument signs, wall signs, bus benches, or utility boxes or other similar structures since these structures may impede the public's view from the street or diminish the aesthetic value of the artwork. Additional location criteria for the placement of public artwork on private development sites are included in Part 2, Section XI of this manual. E. Artist selection criteria ART IN PUBLIC PLACES Page 8 The Advisory Committee and the Commission evaluate artistic excellence and technical abilities as demonstrated by the artists' professional qualifications, proven ability to undertake project of a similar scope, and artistic merit as evidenced by submitted material. The Advisory Committee and the Commission shall evaluate an artist's ability to work at a scale and in materials appropriate for commissioned permanent artwork. Each program component has additional artist selection criteria. Refer to the Parts 2 and 3 of the Manual for additional information. ART IN PUBLIC PLACES Page 9 Private Development Policy and Guidelines I. Program Introduction Pomona's Art in Public Places Program (AIPP) for Private Development is intended to provide high - quality and thought - provoking works of art throughout the City where they are easily accessible and viewable by the general public. The AIPP program requires developers of certain private development projects to provide a permanent display of public artwork on project sites. All artwork placed on private property is intended to be privately owned and maintained. The primary goals of the art requirement for private development are to enhance property values and encourage pride in ownership, and to provide exemplary art pieces in publicly accessible and visible areas such that the art pieces will enrich and enliven the community. Part 2 of the Manual establishes policies, guidelines and an application process for private development projects subject to the Public Art requirement. This part of the Manual also establishes criteria to be used for the selection of artists, artwork and artwork locations. Part 2 is intended to be used as a guide by private developers whose projects are subject to the Public Art requirement. This part of the Manual is also intended to be used by the Cultural Arts Commission and Advisory Committee as a guide in making decisions on applications for public art provided by private developers. II. Public Art Requirement for Private Development Section .5809 -24 of the City of Pomona Zoning Code requires the following private development projects to provide public artwork pieces: 1. New commercial, institutional, and industrial development with a building valuation of $750,000 or more; 2. New residential development with 10 or more units, whether detached single - family residences, condominiums, apartments, townhouses or other dwelling units. 3. Interior and exterior remodeling, repair, modifications, reconstruction, and additions to existing commercial and industrial property where the total building valuation for the project is $750,000 or more; 4. Interior and exterior remodeling, repair, modifications, reconstruction, and additions to existing residential property of 10 units or more where the total building valuation is $750,000 or more. 5. Infrastructure improvements including telecommunications, natural resource development, and delivery systems valued at $3 million or more. ART IN PUBLIC PLACES Page 10 Section .5809 -24 exempts the following types of projects from the public art requirement: 1. All mechanical, plumbing and electrical system upgrades, structural or seismic upgrades, and modifications for disabled access, unless occurring in conjunction with alteration of a building or an above ground structure project. 2. Remodeling, repair or reconstruction of structures that have been damaged by fire, flood, wind, earthquake, or other natural cause. 3. City of Pomona capital improvement projects funded in whole or in part by the City including the following types of projects: a. Basic road projects including, but not limited to, construction, curbing, drainage, striping and signalization; b. Public utility projects; C. Sewer and water main improvements; d. Projects funded by a revenue source that by law cannot be used for the acquisition of works of art; e. Acquisition of land; f. Public improvements that are in progress upon the adoption of this section, and where the construction budget cannot be modified to allow for the funding allocation. Ill. Public Art Allocation Section .5809 -24.E (Public art requirement for private development — Public Art Allocations) of the Zoning Code states as follows: 1. The public art allocation is the percentage of the construction costs of projects subject to the public art requirement that are to be allocated by the developer for public art in an amount equal to one percent of the total building valuation for an applicable project. 2. Building valuation is the total dollar amount of all construction permits for the same development project using the latest building valuation data as set forth by the International Conference of Building Officials (ICBO) building valuation. 3. For in -lieu fees, the allocation is equal to one percent of the total building valuation for an applicable project. IV. Eligible Expenditures for the Installation /Provision of Public Artwork The public art allocation for installation of public artwork shall be expended only on costs associated with the selection, acquisition, purchase, commissioning, design, fabrication, placement, installation, and /or exhibition of the public artwork. Eligible expenditures are limited to the following: 1. The work of art itself, including the artist's fees for design, structural engineering and fabrication. 2. Reasonable art consultation fees not to exceed 20% of the total public art allocation. The developer may choose to hire an art consultant to assist with the selection of the artist and the application process. The role of the art consultant is to research and present to the developer qualified artists who are able to create an appropriate artwork for their ART IN PUBLIC PLACES Page 11 specific project. The art consultant is responsible for providing written and visual collateral on the artist(s) for the application. Consulting fees over 20 percent of the allocation shall be absorbed by the developer. 3. Other materials that are integral to the creation of the work of art. 4. Transportation of the public artwork to the site. 5. Installation of the completed public art on the site. 6. Mountings, anchorages, containments, motors or subterranean equipment or other materials necessary for installation of the public art piece up to 5% of the total artwork allocation amount. 7. Lighting specifically illuminating the artwork itself. 8. Appraisal fees as required for review of the public art application by the City. 9. Identification plaque as required by the Commission. 10. Permits, engineering or legal fees necessary for the installation of the artwork. 11. For in -lieu- funded projects, up to one -third of the total in -lieu fee may be spent on maintenance of the proposed artwork or maintenance of existing artworks listed on the City's public art registry. V. Ineligible Expenditures for the Installation /Provision of Public Artwork The following expenses are not eligible as public artwork expenditures: 1. Promotional materials or activities for the artist, the public artwork, the development project, the developer or other parties involved in the development project; 2. Opening, dedication, or other event for the public artwork, artist or development; 3. Services, materials, utilities, or other expenses associated with the operation or maintenance of the public artwork. (See maintenance exception above.); 4. Land costs or any other costs associated with the development that are not part of and solely attributable to the public artwork; and 5. Illuminating the public artwork if not integral to the design. VI. Procedure for approval of on -site public art provided by a private developer Overview Once informed of the public art requirement, the developer should begin the process of selecting and approving the work of art as early as possible in the development process. The advantage of early involvement is so as not to delay the development project and to ensure that the artwork is successfully integrated into the overall project design. The developer is responsible for selecting the artist and submitting a Conceptual Design Plan application to the Planning Division. The developer may hire an art consultant to assist with selection of the artist and the application process. Review and approval of public artwork involves the following two -step process: 1. Planning Division review for completeness of Concept Design Plan application. ART IN PUBLIC PLACES Page 12 2. Conceptual Design Plan review, which includes review of the artist or artist team's qualifications, conceptual artwork design and artwork location for consistency with the established criteria in this manual. Conceptual Design Plan review and approval is completed by the Advisory Committee. 3. Final design plan review is completed by the Cultural Arts Commission. Application procedure 1. An application for Conceptual Design Plan review shall be submitted to the Planning Division for preliminary review by staff. The application shall, at a minimum, include the following information: a. Artist, or artist team, biographical materials demonstrating how they meet the artist selection guidelines contained in Section VIII of this part. b. Preliminary sketches, photographs, or other documentation of sufficient descriptive clarity to indicate the nature of the proposed artwork; C. An appraisal or other evidence of the value of the proposed artwork, including acquisition and installation costs. If the value of a proposed artwork piece (by past records of comparable work sold, etc.) cannot be verified, City staff may choose to have the artist's proposal and /or other completed works appraised by a qualified art appraiser selected by the City. The developer shall pay up front for any art appraisal service fees. This expense will be deducted from the total artwork allocation costs. d. Preliminary plans containing such detailed information as may be required by the Planning Division staff to adequately evaluate the location of the artwork in relation to the proposed development, and its compatibility with the proposed development, including compatibility with the character of adjacent conforming developed parcels and existing neighborhood if necessary to evaluate the proposal; e. A narrative proposal with elevations, site plans, lines of sight studies, renderings, and other descriptive materials as deemed necessary by Planning staff to demonstrate that the artwork will be displayed in an area open and freely available to the general public or otherwise provide public accessibility in an equivalent manner based on the characteristics of the artwork or its placement on the site. f. Preliminary budget showing how the public art project is consistent with the public art allocation fee and the permissible expenditures in sections VI and VII of this part. 2. Advisory Committee Review and Approval of the Conceptual Design Plan. a. Within 30 days of when the application is determined to be complete by the Planning Division, the application shall be transmitted to the Advisory Committee and the Advisory Committee shall meet with the developer and /or developer's art consultant and artist team to review the proposed public artwork. At the request of the developer, the Advisory Committee's review may be later than the 30 days. Once the Advisory Committee has completed final review of the proposed project, it shall make a decision, based on criteria established in the Manual, on whether to approve, approve with conditions or deny the request within ten days of the Advisory Committee review. ART IN PUBLIC PLACES Page 13 b. If the applicant proposes significant changes to the artwork at any time, a revised application shall be submitted by the developer to the Planning Division for review for completeness and transmitted to the Advisory Committee for review under the same schedule listed above. 3. Cultural Arts Commission Review Following the approval of the Conceptual Design Plan, the artist /artist team will refine project objectives and the conceptualized art project. The developer, and /or art consultant will present to the Cultural Arts Commission a Final Design Plan (including final narrative, budget, and anticipated maintenance plan and installation schedule) and a two - or three - dimensional model with sample materials and dimensions. The budget must detail art consultant fees, artist fees, and fabrication and installation expenses. Any additional expenses such as construction fees must be detailed as well. Within 45 days of the submittal of the Final Design Plan, the application shall be scheduled for review by the Cultural Arts Commission at one of its regularly scheduled meetings. At the Cultural Arts Commission meeting, the developer, and /or artist consultant and artist team will be required to make a presentation on the Final Design Plan. At the conclusion of the meeting, the Cultural Arts Commission shall approve, approve the Final Design Plan with conditions, or deny the Final Design Plan. If the Final Design Plan is denied by the Commission, the developer may file a written request for an appeal to the City Council within 20 days of the decision of the Cultural Arts Commission. (See Section .5809 -24 of the Zoning Ordinance for more information on the appeal process.) VII. Procedure for approval of public art projects funded by in -lieu contributions A. Overview Instead of providing a public artwork on site, a developer may elect to pay an in -lieu fee to the City equal to one percent of the building valuation for the proposed project. In -lieu fees may only be used for expenditures related to the acquisition and installation of art on private or public property, except that one -third of the total in -lieu fee may be used for maintenance of the proposed artwork or on existing artwork. In -lieu fees may be aggregated with other in -lieu funds that have been paid to the City. Review and approval of public artwork involves the following two -step process: 1. Conceptual Design Plan review, which includes review of the artist or artist team's qualifications, conceptual artwork design and artwork location for consistency with the established criteria in this manual. Conceptual Design Plan review and approval is completed by the Advisory Committee. 2. Final design plan review is completed by the Cultural Arts Commission. Once an in -lieu contribution has been paid into the Public Art Fund, a minimum of two thirds of the in -lieu funds must be used to provide artwork on a privately owned site. It is ART IN PUBLIC PLACES Page 14 the Advisory Committee's responsibility to select a location for placement of the artwork. The location selection must be consistent with all of the requirements in this part. B. Approval procedure The Advisory Committee works with City staff to select an artist or artist team to design the public artwork. The artist, artwork and artwork location must be consistent with all applicable criteria in this manual and the Public Art Ordinance. ARTWORK APPROVAL PROCESS Advisory Committee review: 1. The Advisory Committee, with City staff's concurrence, shall selection a public location, based on the criteria in Section XI of this part and Section IV.D of Part 1, before selection of the artist or artist team. 2. The process for selecting an artist, or group of artists, is the same as the process for using donated funds for the provision of public artwork. (See Part 3 Sections III.D. & E.) 3. The Advisory Committee and City staff, as needed for the particular project, shall meet at least once with the selected artist, or artist team, in developing a concept artwork proposal that meets the artwork and location criteria stated in this manual. 4. The Conceptual Design Plan application shall be submitted by the artist or artist team to the Planning Division for review for completeness. The Conceptual Design Plan shall include the following materials: a. Artist, or artist team, biographical materials demonstrating how they meet the artist selection guidelines contained in Part 3, Section IlLE of the Manual. b. Preliminary sketches, photographs, or other documentation of sufficient descriptive clarity to indicate the nature of the proposed artwork; C. An appraisal or other evidence of the value of the proposed artwork, including acquisition and installation costs. d. Preliminary plans containing such detailed information as may be required by the Planning Division staff to adequately evaluate the location of the artwork in relation to the proposed development, and its compatibility with the proposed development, including compatibility with the character of adjacent conforming developed parcels and existing neighborhood if necessary to evaluate the proposal; e. A narrative proposal with elevations, site plans, lines of sight studies, renderings, and other descriptive materials as deemed necessary by Planning staff to demonstrate that the artwork will be displayed in an area open and freely available to the general public or otherwise provide public accessibility in an equivalent manner based on the characteristics of the artwork or its placement on the site. f. Preliminary budget showing how the public art project is consistent with the public art allocation fee and the permissible expenditures in section VI of this part. ART IN PUBLIC PLACES Page 15 5. Within 30 days of submittal of a complete Conceptual Design Plan application, the Advisory Committee shall make a recommendation on whether to approve the concept plan for development of the Final Design Plan or recommend revisions. The Advisory Committee shall make its decision on the Conceptual Design Plan based on the criteria stated in Section VIII, IX, X and XI of this part. Cultural Arts Commission Review 1. Following the approval of the Conceptual Design Plan, the artist /artist team shall refine project objectives and the conceptualized art project based on the Advisory Committee's recommendations. The artist or artist design team will submit to the Cultural Arts Commission a Final Design Plan (including final narrative, budget, and anticipated maintenance plan and installation schedule) and a two- or three - dimensional model with sample materials and dimensions. The budget must detail art consultant fees, artist fees, and fabrication, transportation, and installation expenses. The budget shall equal the in -lieu contributions allocated for the artwork. Any additional expenses such as construction fees must be detailed as well. 2. Within 45 days of the submittal of the Final Design Plan, the application shall be scheduled for review by the Cultural Arts Commission at one of its regularly scheduled meetings. Representatives from other city departments, stakeholder groups and adjacent property owners will be invited to attend the meeting and participate in the review. At the Cultural Arts Commission meeting, the artist or artist team will be required to make a presentation on the Final Design Plan to the Commission. At the conclusion of the meeting, the Cultural Arts Commission shall approve, approve with conditions, or deny the Final Design Plan. If the Final Design Plan is denied, the Commission shall make recommendations on revisions or send the artwork proposal back to the Advisory Committee to restart the process. VIII. Artist Selection Guidelines Artists are evaluated for artistic excellence and technical abilities as demonstrated by the artist's professional qualifications, proven ability to undertake projects of a similar scope, and artistic merit as evidenced by submitted material. An artist's potential to work at a scale and in materials appropriate for commissioned permanent artwork will also be evaluated. The artwork shall be designed and constructed by an individual artist or team of artists whose body of work and professional activities demonstrate serious ongoing commitment to the fine arts. Selection of the artist, or artist team, and artwork, shall be based on_the guidelines. The City does not keep a list of approved artists from which the developer can select. Each artist and artwork piece is considered on a case -by -case basis. Artists selected by developers will be required to submit the following to the City of Pomona as part of the AIPP application as evidence that they meet the criteria: 1. Current curriculum vitae (including art education, training, group and solo exhibitions, private and public collections) 2. Artist's history of artwork commission 3. Digital images, photographs, and critiques of past works ART IN PUBLIC PLACES Page 16 IX. Artwork Selection Guidelines Proposed public artwork shall be reviewed for consistency with the following guidelines: 1. The artwork effectively engages the public and invites interest. The types of artwork that involve the public can be described as thought provoking, inspiring, entertaining, clever, whimsical, powerful, reflective or symbolic. Public artwork is expected to be innovation and show originality. 2. The artwork must demonstrate the highest aesthetic quality, originality and artistic excellence. 3. The artwork is appropriate in scale, material, form, content and value with the immediate social and physical environment. The artwork should not appear to be an afterthought to the development and should be thoroughly integrated into the proposed location on the site. 4. Substantial consideration shall be given to structural and surface integrity and stability, permanence and weathering, resistance against theft, vandalism, and the probability of excessive maintenance and repair costs. Artwork must be constructed of long- lasting materials (including nuts, bolts, and other metal fixtures) that will be in contact with each other that may produce oxidation. 5. Artwork should not have any unsafe conditions or factors that may affect public safety. In the design of the artwork, the artist and developer must be aware that the artwork will be viewed from major public streets and areas easily accessible to the public. Acceptable artwork must not disrupt traffic or create unsafe conditions or distractions to motorists and pedestrians, which may expose the City or property owner to liability. Consideration should be given to sharp or protruding edges that may pose a danger to pedestrians. Attention should also be give to the ability to withstand weight, as the City may be held responsible for repairs resulting from persons climbing, sitting or otherwise damaging the artwork. X. Acceptable Types of Public Art Public artwork provided for private development is limited to the following types of art: 1. Artwork is limited to permanent works of art that include, but are not limited to: mosaics, murals, site - specific monumental works (sculptures); artist - designed landscape features, artist- designed streetscape features (such as benches, bike racks, entry monumentation, gates, public gazebos, and pavement features) and earthworks; 2. Water features or artwork requiring water must be conceptually designed by an acceptable, qualified visual artist. The artwork must stand on its own should the water cease to function. There must be a demonstrated collaboration between the artist and the water features design company. The intent of the public art program is to promote the work of visual artists and not to feature design companies. Water related costs such as pump and pool construction will be evaluated by the Cultural Arts Commission for consideration as part of the overall art allocation. Developers are welcome to exceed the ART IN PUBLIC PLACES Page 17 arts budget to construct a water feature. No more than 30 percent of the total art allocation may be utilized for water - related costs. 3. Violent and gang - related images are not permitted. The following types of artwork do not qualify as public artwork for private development: 1. Mass - produced reproductions or replicas of original artworks, busts and statuary memorials, performance art, and signage are not eligible. Exceptions are signed sculptures by the original artist for reproductions. 2. Temporary artwork; 3. Decorative or ornamental elements of a building that are designed by the building architect; 4. Busts and statutory memorials are generally not encouraged unless it can be clearly demonstrated that the memorial artwork meets all of the following: • The memorial represents broad community values; • The significance of the person or persons or event being memorialized has a timeless quality and makes a statement to future generations; • There is a specific geographic justification for the memorial being placed at the proposed location. 5. Art as advertisements or commercial signage mixed with imagery. XI. Public Art Location Guidelines 1. Visibility Public art on private development sites shall be placed in a location that is consistent with the following: • All public art shall be displayed on the development site in an outside area that is open, freely available and visible to the general public; • Public art shall be displayed within the interior of a building that is regularly open to the general public and in a location within the building that is freely available and viewable by the general public; • Public art shall not be placed adjacent to monument signs, wall signs, bus benches or utility boxes or other similar structures since these structures may impede the public's view from the street or diminish the aesthetic value of the public art; • Public art should be placed on the site where it will enhance and not detract from its surroundings; 2. Signage Permanent signage of any type is not permissible in or around the immediate area of the public art. This includes the foreground, background, or adjacent areas of the public art. Signage should not detract or diminish the aesthetics of the public art when the public views the work from the most accessible vantage points (intersections, entryways). Signage plans will be reviewed at the time of review of the Conceptual Design Plan. ART IN PUBLIC PLACES Page 18 3. Lighting and Electrical Public art shall be properly lit during evening and nighttime hours. All lighting and electrical elements should be in good working condition and meet all current safety conditions. Lighting and electronic elements that are not integral to illumination of the work of art will not be included as part of the art allocation costs. Lighting plans must be submitted as part of the public art application. 4. Landscaping and Base Landscaping and the artwork bases (if required) should be well integrated. If the artwork must be secured to the base, the base should be securely installed on the site. If the installation of the artwork includes a base, or the art piece is structural or attached to the structure, a licensed structural engineer must approve and certify the installation plans as structurally sound, safe and durable. The base shall only support the artwork and plaque, if applicable. S. Identification of Artwork Each artwork piece shall be identified by a rosin plaque approximately 8" by 8 ". The plaque should be placed in a location near the artwork piece. The Advisory Committee or CAC may recommend approval of any additional plaques, an alternative location or different size that may be requested. The plaque shall include the artist's or group of artists' name or names, the name of the design piece, date of production, etc. and shall not include memorial designation or collector information. XII. Ownership and Maintenance Per Section .5809 -24 of the Zoning Code, the requirements pertaining to ownership and maintenance of the public artwork on a private development are as follows: 1. All artwork placed on the site of an applicant's project shall become the property of the property owner and his /her successor's in interest. 2. The property owner shall maintain the public artwork in good condition, including protecting the artwork against physical defacement, mutilation, or alteration, and securing and maintaining fire and extended coverage insurance in an amount to be determined by the City's Risk Manager. 3. Prior to placement of an approved artwork on site, the applicant and property owner shall execute and record a covenant in a form approved by the City Attorney for maintenance of the artwork. 4. Failure to maintain the artwork as provided herein is declared to be a public nuisance and may be summarily abated as such by the City. The City may pursue additional remedies to obtain compliance with the provisions of this Section requirement as appropriate. 5. In addition to other remedies provided by law, in the event the property owner fails to maintain the artwork, upon reasonable notice, the City may perform all necessary repairs or maintenance to the artwork or secure insurance, and the costs incurred by the City shall become a lien against the property. ART IN PUBLIC PLACES Page 19 XIII. Budget and Contracts 1. Budget Breakdown. As part of the public art application, the developer shall submit a line item budget breakdown that reflects costs of the artwork and artist design fees, transportation fees, and installation fees, and any other fees as applicable and necessary. The budget breakdown should equal or exceed that total minimum artwork allocation. 2. Contract of Sale. The developer must also submit an unsigned copy of the contract of sale including the long -term care and maintenance instructions for the artwork with their application. Once the Cultural Arts Commission approves the artwork, the contract of sale shall be modified if necessary and signed by the property owner, artist and property owner association, if applicable. XIV. Property Owner's Responsibilities 1. Art Insurance. The public artwork must remain permanently installed at the site as a condition of the project approval as stated in a recordable agreement that is binding on successors to the title to the subject property in a form approved by the City Attorney. As part of the agreement, the property owner shall be made legally responsible for repairing or replacing the artwork with artwork of equivalent value in the event the artwork is damaged, destroyed or stolen 2. Damaged Artwork. The property owner is responsible for repairing the artwork in the event of damage and /vandalism. Artwork damaged or vandalized shall be repaired as closely as possible to the original approved artwork. If repair is needed, the original artist must be given first refusal on repair for a reasonable fee. If the original artist is not available or is unwilling to perform the required repair work for a reasonable fee, the property owner shall be responsible for notifying the Cultural Arts Commission and City staff of the steps that will be taken to repair the artwork. 3. Replacement of Artwork. If the artwork is destroyed, damaged beyond repair, stolen or otherwise removed from the site, the property owner shall replace the artwork with a new work of art. The owner shall submit an application to the City for review and recommendation by the Advisory Committee. The new artwork shall comply with all of the requirements of the Public Art Program in place at the time the work is replaced. The allocation for the new (replacement) artwork shall be calculated at 1 percent of the current total building valuation. As ICBO figures typically increase each year, property owners are advised to take steps to replace damaged or destroyed artwork immediately. The replacement process shall be completed within six to 12 months unless otherwise agreed to by the City. 4. Removal of artwork. ART IN PUBLIC PLACES Page 20 The City will not authorize removing public artwork, except under the most extenuating circumstances. Owners wishing to remove, modify, destroy, or in any way alter their artwork must provide a compelling reason for taking such action with the artwork. All such requests must also be submitted to the Commission for their consideration. Factors to be considered by the Commission include, but are not limited to, reasons and costs for relocation, risk of damage to the artwork, maintenance costs, and artist and owner rights and responsibilities in accordance with state and federal law pertaining to artists' rights. ART IN PUBLIC PLACES Page 21 Public Art Donations and Acquisitions Policy and Guidelines I. Purpose Mission Statement The City of Pomona wishes to develop guidelines for the acquisition and acceptance of public artwork and for receiving donated funds for the purpose of providing public artwork. The purpose of the guidelines is to ensure that all artwork donated to the City is culturally and ethnically diverse and of the highest quality. Part 3 of the Manual applies solely to the Art in Public Places Program for Public Art Donations and Acquisitions. II. Donated or Loaned Artwork Only works of art that are consistent with the artwork criteria listed in II.A.2.a -e below shall be considered for donation or loan to the City. This Section shall also apply to works of art proposed for long -term loan to the City. The minimum loan period for loaned works of art shall be one year unless the artist or the artist's sponsors are willing to cover all costs for the placement of the art and providing the loan is approved by the City Council. A. Procedure for Acceptance of Donated or Loaned Works of Art 1. Individuals, businesses, and /or groups wishing to donate artwork with an estimated value over $2,000 shall submit a written request, along with a professional appraisal stating the value of the artwork, of their offer to the Cultural Arts Commission. The Commission may request a second independent appraisal if necessary. 2. The Commission shall review and make recommendations to the City Council on all requests to donate artwork and the proposed location of artwork based on the following criteria: a. Artwork that negatively depicts any race, gender, ethnicity, religion, etc. or that may be associated with illegal acts shall not be accepted. b. Artwork shall maintain high artistic standards by demonstrating the highest aesthetic quality, originality and artistic excellence. C. Artwork shall not create unsafe conditions or factors that may affect public safety. d. Artwork shall clearly demonstrate quality, craftsmanship, and durability. ART IN PUBLIC PLACES Page 22 e. Artwork shall have reasonable maintenance requirements as specified by the artist and these requirements shall be compatible with routine city maintenance procedures. f. Artwork shall be placed in a location that is consistent with the following: • Exterior site that is open, freely available and visible to the general public; • Interior site within city -owned public buildings that is regularly open to the public and in a location within the building that is freely available and viewable by the general public; • Artwork shall not be placed adjacent to monument signs, wall signs, bus benches, or utility boxes or other similar structures since these structures may impede the public's view from the street or diminish the aesthetic value of the artwork. 3. The City Council shall review all Commission recommendations on offers to donate artwork, which shall also include a location proposed by the Commission, and either, approve, approve with conditions or refuse to accept the artwork. The City Council's decision shall be final. 4. The Advisory Committee will review the artwork and assist the Commission in the development of a recommendation for Council action on the acceptability or rejection of the gift or donated artwork. III. Donation of Funds for the Provision of Public Artworks A. Overview From time to time, individuals, civic businesses or corporate groups may wish to donate funds for the acquisition and placement of public art within the City. It is the policy of the Commission and the City to encourage donations of funds to acquire public artworks that are consistent with the objectives and criteria provided in Section II.A.2.a -e of this part of the Manual. Donated funds can be used for a specific project or added to the public art fund and pooled with other donated funds, or grant funds, if permitted by the grant, for the purpose of providing public artwork in the future. 1. All donated funds will be set aside in a Public Art Fund, an account specifically established for the support of the Arts, upon acceptance by the City Council. 2. All funds will be spent in accordance with provisions of Section 111.1 of this Manual. 3. Artworks acquired with the donated funds will be selected according to procedures outlined in Sections III.0 and D of this Manual. ART IN PUBLIC PLACES Page 23 B. Expenditures of Public Art Funds Public Art Funds specifically donated for the purpose of providing public artwork shall be expended only for the purpose of providing artwork within the City of Pomona consistent with the policies in this Manual. Expenditures of Public Art Funds on the provision of public artwork in public places, including artist and location selection, shall be consistent with those outlined in Section 111.1 of this manual. C. Procedure for the Acquisition of Public Artworks Using Donated Funds Once a donation has been made to the Public Art Fund, it is the Advisory Committee's responsibility to select an artist, or artist team, to design the public artwork and select a public location for the artwork for recommendation to the Commission. The artist, artwork and artwork location must be consistent with all applicable criteria in this part of the Manual. The selected artwork will be installed and maintained by the City and will become the City's property. 1. Public artwork budget. The Advisory Committee shall decide on the total amount of donated funds that are to be expended on a single public artwork project before start of the artist selection process. 2. The Advisory Committee shall select a public location for the artwork consistent with the criteria stated in Section II.A.2.f of this part and the Public Art Ordinance. 3. Artist approval process. The Advisory Committee shall select an artist, or group of artists, through a public process using one of the following methods: a. Request for qualifications (RFQ) b. Request for proposals (RFP) C. Invitational competition. Refer to Section D for details on the above artist selection methods indicated above. 4. Commission shall make a decision on Advisory Committee recommendations on artist and artwork location. 5. The Advisory Committee (See Art in Public Places Program Overview and Introduction for more information on the Advisory Committee) and other City staff, as needed for the particular project, shall meet regularly with the selected artist, or group of artists, in developing a Conceptual Design Plan that meets the artwork and location criteria stated in this manual. 6. Once the Conceptual Design Plan has been approved by the Advisory Committee, the artist or artists' team shall refine the project objectives and the Conceptual Design Plan according to the direction of the Advisory Committee. The artist or artist team shall submit to the Cultural Arts Commission a Final Design Plan (including final ART IN PUBLIC PLACES Page 24 narrative, budget, and anticipated maintenance plan and installation schedule) and a two- or three - dimensional model with sample materials and dimensions. The budget must detail art consultant fees, artist fees, and fabrication, transportation, and installation expenses. The budget shall equal the total amount to be expended on the proposed artwork. 7. After the Final Design Plan has been submitted to the Commission, the artist, or artist team, shall make a presentation of the final design to the Commission for review and approval. Representatives from other City departments and any stakeholder groups will be invited to attend the Commission meeting and participate in the review. A status report summarizing the action of the Advisory Committee shall also be provided to the Commission at this time. D. Artist Selection Methods Artists will be reviewed and selected based on merit of their past works, background in the arts, and appropriateness for a particular project. Prospective artists should review the criteria for each project and submit applications for projects for which they are an appropriate fit for the type of work they produce. The Advisory Committee may use one of the following three methods for soliciting and selecting an artist: 1. Request for Qualifications (RFQ): a. This method is the preferred method to be used by the Advisory Committee to select the artist or group of artists. The Advisory Committee shall base the selection on the submittal of credentials and examples of past work as well as the criteria in Section III.E of this manual. A short list of finalists will be invited to interview and one artist and an alternate will be selected by the Advisory Committee. If two finalists are chosen having equal qualifications one of which is a locally based artist (artists who reside in or own a gallery or studio in the City of Pomona), the locally based artist shall be given preference. If the design process is sufficiently advanced that a context has been established for the artists to respond to, each of the finalists may be asked to develop a preliminary proposal, which will be evaluated during an interview. If a preliminary proposal is requested, an honorarium will be paid to the artists. The honorarium shall be equal to one percent of the art budget, with a minimum of $500 and a maximum of $5,000. 2. Request for Proposals (RFP): a. This method is appropriate for selection of artists where there is an existing site or building or for projects with small budgets where locally based entry-level artists are being targeted. This is not an appropriate selection process for projects where a design team approach is desired. b. The City may issue an RFP requesting conceptual proposals and detailing the proposal requirements. The respondents' proposals will provide the Commission members with an understanding of the artists' thought process or approach. The Commission may choose to invite several finalists to interview ART IN PUBLIC PLACES Page 25 before making a final selection. Artists responding to an RFP will not be compensated for proposals. 3. Invitational Competition: a. This process may be appropriate in the case of complex projects where a limited number of artists may be capable of successfully competing. It is also appropriate in a case where there are severe schedule restrictions. b. Based on the project requirements, submittal of qualifications or a specific proposal may be requested. Invitational competitions may also be conducted in two stages, with the first phase based on qualifications and the second phase based on a proposal. Artists invited to develop proposals will be compensated in the same manner as described in RFQ process. E. Artist Selection Criteria The Advisory Committee evaluates artistic excellence and technical abilities as demonstrated by the artist's professional qualifications, proven ability to undertake project of a similar scope, and artistic merit as evidenced by submitted material. The Committee may also consider the artist's potential to work at a scale and in materials appropriate for commissioned permanent artwork. 1. The Commission and Advisory Committee will consider the following in the selection of artists based on submitted materials: a. The individual artist's or artist team's experience in design concept, fabrication, installation, and long -term durability of exterior artworks or artwork on display in publicly accessible interiors of public buildings. c. The individual artist's or artist team's ability and willingness to successfully collaborate with design teams, architects, art consultants, project managers, engineers, fabricators, city staff, and landscape architects. d. Whether the individual artist's or artist team's body of work and professional activities demonstrates serious ongoing commitment to the fine arts. e. The artist's or artist team's ability to meet scheduled deadlines. Artists selected by the Advisory Committee are required to submit the following to the City of Pomona as part of the application: a. Current curriculum vitae (including art education, training, group and solo exhibitions, private and public collections); b. Artist's history of artwork commissions if available; c. Digital images, photographs, reviews and critiques of past works. F. Criteria for approval of public artworks When an artist is selected for a project, he or she will be asked to present a final design to both the Advisory Committee and the Commission. A successful design shall meet the criteria stated in Part 2, Section IX of this Manual. ART IN PUBLIC PLACES Page 26 G. Acceptable types of public artwork Refer to Part 2, Sections IX and X of the Manual for criteria for acceptable types of public artwork. H. Artwork Location Criteria Locations chosen for the placement of public artwork shall be consistent with the criteria in Section II.A.2.f of this part of the Manual. I. Artwork Expenditures The artist or group of artists selected for a project may include following expenditures as part of the overall artwork costs for an individual project: 1. The work of art itself, including the artist's fees for design and engineering and fabrication; 2. Transportation of the public art to the site; 3. Installation of the completed public art on the site; 4. Mountings, anchorages, containments, or other materials necessary for installation of the public art piece up to five percent of the total art allocation; S. Lighting specifically illuminating the artwork itself; 6. Appraisal fees as required for review of the public art application by the City; 7. Identification plaque as required by the Commission; 8. Permits, insurance, engineering or legal fees necessary for the installation of the artwork; 9. Other materials that are integral to the creation of the work of art. Ineligible expenditures for the placement of artwork on -site include: 1. Promotional materials or activities for the artist, the public artwork, the development, the developer or other parties involved in the development project; 2. Opening, dedication, or other event for the public art, artist or development; 3. Services, materials, utilities, or other expenses associated with the operation or maintenance of the public art work; 4. Land costs or any other costs associated with the development that are not part of and solely attributable to the public artwork; and 5. Illuminating the public art work if not integral to the design or specifically illuminating the artwork itself. The selected artist or group of artists shall submit an estimated budget that is consistent with the above on the form in Appendix xx to the Commission when the project proposal is submitted. ART IN PUBLIC PLACES Page 27 J. Maintenance The selected artists should demonstrate that the artwork is constructed for permanent display and that provisions have been made for its long -term care. 1. Maintenance Instructions The artist shall provide maintenance instructions that specify the on -going and long -term maintenance requirements for the artwork. These instructions will be used for routine cleaning and occasional treatments to prevent damage from weather elements, bird guano, tree droppings, spray from sprinklers, and aging. Maintenance instructions shall include: a. Materials for the maintenance and /or repair of the artwork including but not limited to, brands and mixes of pigment, color samples, material finishes, types of brushes, bolts, and other needed materials. b. Methods of cleaning: how to apply cleaning agents, paint, wax, or other materials. Specify number of coats and drying time. Specify whether the work can be performed by a general maintenance service or must be performed by a professional art conservation service. C. Frequency of routine cleaning per year. IV. Value Verification If City staff cannot verify the value of a proposed art piece (by past records of comparable work sold, etc.), the City may choose to have the artist's proposal and /or other completed work appraised by a qualified art appraiser selected by the City and paid for by the artist. V. Removal or Relocation of Public Art A. When deemed necessary, the City may choose to remove or relocate Public Art with the Cultural Art Commission's recommendation and in accordance with all federal and state laws and regulations pertaining to artists' rights. B. When deemed necessary, the City may choose to remove public artwork for the purpose of maintaining the public artwork. Removal of public artwork for maintenance purposes shall be done in accordance with all federal and state laws pertaining to artists' rights. ART IN PUBLIC PLACES Page 28 Stanford�OCIAt i TNOVATION"E"`E"' Collective Impact By John Kania & Mark Kramer Stanford Social Innovation Review Winter 2011 Copyright © 2011 by Leland Stanford Jr. University All Rights Reserved Stanford Social Innovation Review Email: info @ssireview.org, www.ssireview.org TYPES OF COLLABORATIONS Organizations have attempted to solve social problems by collaboration for decades without producing many results. The vast majority of these efforts lack the elements of success that enable collective impact initiatives to achieve a sustained alignment of efforts. Funder Collaboratives are groups of funders interested in supporting the same issue who P enerally, participants do not adopt an overarching evidence based plan of action or a shared measurement system, nor do they engage in differentiated activities beyond check writing or engage stakeholders from other sectors. Public- Private Partnerships are partnerships formed between government and private sector organizations to deliver specific services or benefits. They are often targeted narrowly, such as developing a particular drug to fight a single disease, and usually don't engage the full set of stakeholders that affect the issue, such as the potential drug's distribution system. Multi- Stakeholder Initiatives are voluntary activities by stakeholders from different sec- tors around a common theme. Typically, these initiatives lack any shared measurement of impact and the supporting infrastructure to forge any true alignment of efforts or accountability for results. Social Sector Networks are groups of individuals or organizations fluff through purposeful relationships, whether formal or informal. Collabo ad hoc, and most often the emphasis is placed on information sharing term actions, rather than a sustained and structured initiative. Collective Impact Initiatives are long -term commitments by a group from different sectors to a common agenda for solving a specific socia actions are supported by a shared measurement system, mutually rein and ongoing communication, and are staffed by an independent back organization cure it. In the field of education, even the most highly respected nonprofits —such as the Harlem Children's Zone, Teach for America, and the Knowledge Is Power Program (KIPP) —have taken decades to reach tens of thousands of children, a remarkable achieve- ment that deserves praise, but one that is three orders of magnitude short of the tens of millions of U.S. children that need help. The problem with relying on the isolated impact of individual organizations is further compounded by the isolation of the non- profit sector. Social problems arise from the interplay of govern- mental and commercial activities, not only from the behavior of social sector organizations. As a result, complex problems can be solved only by cross - sector coalitions that engage those outside the nonprofit sector. We don't want to imply that all social problems require collec- tive impact. In fact, some problems are best solved by individual organizations. In "Leading Boldly," an article we wrote with Ron Heifetz for the winter 2004 issue of the Stanford Social Innovation Review, we described the difference between technical problems and adaptive problems. Some social problems are technical in that the problem is well defined, the answer is known in advance, and one or a few organizations have the ability to implement the solution. Ex- amples include funding college scholarships, building a hospital, or installing inventory controls in a food bank. Adaptive problems, by contrast, are complex, the answer is not known, and even if it were, no single entity has the resources or authority to bring about the necessary change. Reforming public education, restoring wetland environments, and improving community health are all adaptive problems. In these cases, reaching an effective solution requires learning by the stakeholders involved in the problem, who must then change their own behavior in order to create a solution. Shifting from isolated impact to col- lective impact is not merely a matter of encouraging more collaboration or public - private partnerships. It requires a systemic approach to social impact that focuses on the relationships between organizations and the progress toward shared objectives. And it requires the creation of a new set of nonprofit management organizations that have the skills and resources to assemble and coordinate the specific elements neces- sary for collective action to succeed. THE FIVE CONDITIONS OF COLLECTIVE SUCCESS ur research shows that successful d ly connected collective impact initiatives typi- rati on is generally Ocallyhave five conditions that to- and targeted short- gether produce true alignment and lead to powerful results: a common agenda, shared of important actors measurement systems, mutually reinforc- I problem. Their ing activities, continuous communication, forcing activities, and backbone support organizations. bone organization. Common Agenda I Collective impact requires all participants to have a shared vision for change, one that includes a common understanding of the problem and a joint approach to solving it through agreed upon ac- tions. Take a close look at any group of funders and nonprofits that believe they are working on the same social issue, and you quickly find that it is often not the same issue at all. Each organization often has a slightly different definition of the problem and the ultimate goal. These differences are easily ignored when organizations work independently on isolated initiatives, yet these differences splinter the efforts and undermine the impact of the field as a whole. Collec- tive impact requires that these differences be discussed and resolved. Every participant need not agree with every other participant on all dimensions of the problem. In fact, disagreements continue to divide participants in all of our examples of collective impact. All participants must agree, however, on the primary goals for the col- lective impact initiative as a whole. The Elizabeth River Project, for example, had to find common ground amongthe different objectives of corporations, governments, community groups, and local citizens in order to establish workable cross- sector initiatives. Funders can play an important role in getting organizations to act in concert. In the case of Strive, rather than fueling hundreds of strategies and nonprofits, many funders have aligned to support Strive's central goals. The Greater Cincinnati Foundation realigned its education goals to be more compatible with Strive, adopting Strive's annual report card as the foundation's own measures for progress in education. Every time an organization applied to Duke Energy for a grant, Duke asked, "Are you part of the [Strive] network ?" And when a new funder, the Carol Ann and Ralph V. Haile Jr. /U.S. Bank Foundation, expressed interest in education, theywere encour- aged by virtually every major education leader in Cincinnati to join Strive if they wanted to have an impact in local education.I Winter 2011 - STANFORD SOCIAL INNOVATION REVIEW 39 FUNDING COLLECTIVE IMPACT reating a successful collective impact initiative requires a significant financial investment: the time participating organizations must dedicate to the work, the development and monitoring of shared measurement systems, and the staff of the backbone organization needed to lead and support the initia- tive's ongoing work. As successful as Strive has been, it has struggled to raise money, confronting funders' reluctance to pay for infrastructure and pref- erence for short -term solutions. Collective impact requires instead that funders support a long -term process of social change without identifying any particular solution in advance. They must be willing to let grantees steer the work and have the patience to stay with an initiative for years, recognizing that social change can come from the gradual improvement of an entire system over time, not just from a single breakthrough by an individual organization. This requires a fundamental change in how funders see their role, from funding organizations to leading a long -term process of social change. It is no longer enough to fund an innovative solution created by a single nonprofit or to build that organization's capacity. Instead, funders must help create and sustain the collective processes, mea- surement reporting systems, and community leadership that enable cross - sector coalitions to arise and thrive. This is a shift that we foreshadowed in both "Leading Boldly" and our more recent article, "Catalytic Philanthropy," in the fall 2009 issue of the Stanford Social Innovation Review. In the former, we sug- gested that the most powerful role for funders to play in address- ing adaptive problems is to focus attention on the issue and help to create a process that mobilizes the organizations involved to find a solution themselves. In "Catalytic Philanthropy," we wrote: "Mobi- lizing and coordinating stakeholders is far messier and slower work than funding a compelling grant request from a single organization. Systemic change, however, ultimately depends on a sustained cam- paign to increase the capacity and coordination of an entire field." We recommended that funders who want to create large -scale change follow four practices: take responsibility for assembling the elements of a solution; create a movement for change; include solutions from outside the nonprofit sector; and use actionable knowledge to influ- ence behavior and improve performance. These same four principles are embodied in collective impact initiatives. The organizers of Strive abandoned the conventional ap- proach of funding specific programs at education nonprofits and took responsibility for advancing education reform themselves. They built a movement, engaging hundreds of organizations in a drive toward shared goals. They used tools outside the nonprofit sector, adapting GE's Six Sigma planning process for the social sector. And through the community report card and the biweekly meetings of the SSNs they created actionable knowledge that motivated the community and improved performance among the participants. Funding collective impact initiatives costs money, but it can be a highly leveraged investment. A backbone organization with a modest annual budget can support a collective impact initiative of several hundred organizations, magnifying the impact of millions or even billions of dollars in existing funding. Strive, for example, has a $1.5 million annual budget but is coordinating the efforts and increasing the effectiveness of organizations with combined bud- gets of $7 billion. The social sector, however, has not yet changed its funding practices to enable the shift to collective impact. Until funders are willing to embrace this new approach and invest suffi- cient resources in the necessary facilitation, coordination, and mea- surement that enable organizations to work in concert, the requisite infrastructure will not evolve. FUTURE SHOCK hat might social change look like if funders, nonprofits, government officials, civic leaders, and business ex- ecutives embraced collective impact? Recent events at Strive provide an exciting indication of what might be possible. Strive has begun to codifywhat it has learned so that other com- munities can achieve collective impact more rapidly. The organization is working with nine other communities to establish similar cradle to career initiativeS.4 Importantly, although Strive is broadening its impact to a national level, the organization is not scaling up its own operations by openingbranches in other cities. Instead, Strive is pro- mulgating a flexible process for change, offering each community a set of tools for collective impact, drawn from Strive's experience but adaptable to the community's own needs and resources. As a result, the new communities take true ownership of their own collective impact initiatives, but they don't need to start the process from scratch. Activities such as developing a collective educational reform mission and vision or creating specific community -level educational indicators are expedited through the use of Strive materials and as- sistance from Strive staff. Processes that took Strive several years to develop are being adapted and modified by other communities in significantly less time. These nine communities plus Cincinnati have formed a commu- nity of practice in which representatives from each effort connect regularly to share what they are learning. Because of the number and diversity of the communities, Strive and its partners can quickly determine what processes are universal and which require adapta- tion to a local context. As learning accumulates, Strive staff will incorporate new findings into an Internet -based knowledge portal that will be available to any community wishing to create a collec- tive impact initiative based on Strive's model. This exciting evolution of the Strive collective impact initiative is far removed from the isolated impact approach that now domi- nates the social sector and that inhibits any major effort at com- prehensive, large -scale change. If successful, it presages the spread of a new approach that will enable us to solve today's most serious social problems with the resources we already have at our disposal. It would be a shock to the system. But it's a form of shock therapy that's badly needed. a Notes 1 Interviewwith Kathy Merchant, CEO of the Greater Cincinnati Foundation, April 10, 2010. 2 See Mark Kramer, Marcie Parkhurst, and Lalitha Vaidyanathan, Breakthroughs in Shared Measurement and Social Impact, FSG Social Impact Advisors, 2009. 3 "Successful Starts," United Way of Greater Cincinnati, second edition, fall 2009. 4 Indianapolis, Houston, Richmond, Va., and Hayward, Calif., are the first four com- munities to implement Strive's process for educational reform. Portland, Ore., Fresno, Calif, Mesa, Ariz., Albuquerque, and Memphis are just beginning their efforts. 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