(a) Qualification of Artist Selection Panelists
1. Opportunities to participate as a member of the prequalified panelist pool shall be made available on an ongoing basis through an application and training process.
2. The San Antonio Arts Commission may propose candidates to be appointed as participants in the panelist pool based upon a candidate's special experience and/or unique qualifications.
(b) Selection Panel Composition and Procedures
1. PASA shall review information regarding each new project opportunity in order to nominate qualified Artist Selection Panelists to the San Antonio Arts Commission for recommendation and approval of the panel's composition.
2. PASA shall manage the Artist Selection Panel duties and responsibilities.
3. The Artist Selection Panel shall review the Call for Artists submitted materials and proposed its recommended artist selection to the San Antonio Arts Commission.
4. The San Antonio Arts Commission shall consider final artist selection and provide recommendations and approvals to PASA.
5. PASA shall notify artists of selection process results.
(c) Calls for Artists.
1. PASA, in consultation with appropriate City departments, shall define the scope of work, project criteria, and budget, develop a community profile, assembles the artist selection panel and manages the artist selection process.
2. PASA shall brief the artist selection panel on the project and make appropriate modifications to the process according to the panel's recommendations.
3. The artist selection panel shall review a presentation by PASA of materials submitted by artists in response to a call for artists, invitation, or other method of selection recommended by PASA, and may choose to interview finalists.
4. Upon request, finalists may be required to submit additional qualifications and/or a concept proposal to the panel prior to being interviewed. If asked to submit a proposal, PASA shall coordinate with finalists to discuss the site and any additional project background.
5. Qualifications may include a resume and images of artists' past work. Proposals may include models, drawings, or other visual representations, and a written statement.
6. At the conclusion of presented artists' qualifications, the panel shall deliberate the materials presented, interviews, project scope of work and related criteria. 7. Artists who have completed past public art projects with the City of San Antonio shall submit an inventory of past works, and PASA shall brief the panel on artists' previous performance and past works.
8. Final recommendation of selected artist shall be decided by majority vote. A final recommendation shall be presented to the San Antonio Arts Commission through PASA. 9. PASA may request a formal proposal from the final artist(s) selected specifying the time frame for project development, payment schedule, ownership and copyrights. All materials related to the proposal including models, drawings etc. will be the property of the artist, but the City shall have the right to exhibit and use them for educational and promotional purposes.
10. Types of Call for Artists:
a. Open Competition. Any artist may submit qualifications or proposals subject to any requirements established by the artist selection panel or PASA. Calls for artists for open competitions shall be sufficiently detailed to permit artists to determine whether their work is appropriate to the project under consideration.
b. Invitational. The artist selection panel may invite a limited number of artists to submit credentials or proposal.
c. Direct Selection. The artist selection panel may directly select an artist(s). Generally, direct selection will not be employed except on those projects where an open or limited competition would be inappropriate or impractical, such as an urgent project timeline or very specific project requirements.
11. Local and Non-Local Artists. PASA shall seek a balance in the awarding of contracts for the public art and design enhancement projects among San Antonio-based, Texas, national and international artists. Factors such as the size of the project, the level of visibility, the availability of funding, and other conditions, all may influence the selection of artists. PASA shall seek special opportunities to help develop a growing population of professional public artists in the San Antonio area.
(d) Artist Selection Criteria. The artist selection process shall be managed by PASA and, whenever possible, shall begin at the conceptual stage of the project so the artist(s) will be able to integrate art concepts and artworks with the design of the specific projects. Early participation also allows for dialogue between the artist(s), the community the project serves and architect or designer to discuss the design processes and the inclusion of specifications for the artwork's site preparation that are subject to zoning, design, and construction codes. The selection of artists or artworks must meet the following criteria:
1. The design capabilities of the artist(s) and the inherent quality of the artworks.
2. All media forms of visual arts may be considered, subject to any requirements set by the artist selection panel or PASA.
3. Public art and design enhancements of all schools, styles, and tastes should be considered for the public art and design enhancement program.
4. Public art and design enhancements should be appropriate in scale, materials, form and content for the immediate social and physical environments with which they relate.
5. Consideration should be given to structural and surface integrity, permanence and protection of the artwork against theft, vandalism, weathering, and excessive maintenance and repair costs.
6. Consideration should be given to the fact that public art and design enhancement, as defined by the program, is a genre that is created in a public context and that must be judged by standards that embrace factors other than the aesthetic, including public participation, social and political attitudes, and functional considerations. Public art and design enhancement may also serve to establish focal points, terminate areas, modify, enhance or define specific spaces, establish identity, or address specific issues of urban design.
7. Public art and design enhancements should be examined for unsafe conditions or factors that may bear on public liability.
8. PASA should strive for diversity of style, scale and media, and will also strive for an equitable distribution of artworks throughout the City, subject to sources of project funding.
9. Consideration should be given to budget suitability and/or constraints for each specific project.
10. The artist selection process shall ensure that the interests of all concerned parties are represented, including the public, the art community and the City departments.
(e) Final Artist Approvals Recommendations.
1. The San Antonio Arts Commission shall have the responsibility of reviewing and approving the artwork for a project and providing recommendations to City Council, as well as other boards and commissions whenever necessary.
2. The Historic and Design Review Commission shall have the responsibility of reviewing and approving public art memorials requiring a certificate of appropriateness for their placement within the City, including those that affect a designated historical landmark, property within a designated historic district, a state archaeological landmark, a recorded Texas historical landmark, property within a National Register Historic District, property listed on the National Register of Historic Places, a National Historic Landmark, or property within the river improvement overlay (RIO) district.
(f) Artist Contracts
1. Design teams selected for projects eligible for public art and design enhancement treatment will be contracted to provide architects/engineering and unique public art and design enhancement features. The artist may be asked to prepare a budget that includes costs for fabrications, materials, labor, transportation, site preparation and installation, insurance, artist fee and a contingency fund. Contracts will require the artist to develop a maintenance plan for the artwork, which must be submitted to PASA and appropriate City departments before final acceptance of artwork by City is issued.
2. Fabrication of the artwork will be by the artist or under the artist's direct supervision.
3. Installations shall be coordinated between PASA and the appropriate representatives of each department having jurisdiction over the site and/or construction. Whenever possible, the installation of artworks will become part of the final project's construction contract, and will be executed by the contractor under the artist's supervision.
(g) Public Art Gifts and Loans Acceptance Policy.
1. These guidelines set forth below for public art gifts and loans outline the process PASA follows in regard to donations of artwork gifts, extended artwork loans, and memorial artworks (including art monuments, art plaques, property for placement of artwork, and funds for the acquisition of artwork) that may be proposed for donation to the City of San Antonio for placement on City property. Due to limited funds for maintenance and conservation of public art and the limited number of suitable sites on City property for the placement of donated artwork, a review process has been established. The Guidelines for Public Art Gifts, Loans, and Memorials outline a procedure and criteria for the Public Art Board to review proposed public art gifts, loans, and memorials. The intent of the guidelines is to ensure that the same standards of excellence applied to City's public art and design enhancements are also applied to public art gifts, loans, and memorials and to the placement of such on City property.
2. PASA shall:
a. Serve as liaison between the Donor and the City and its designated authority, the Public Art Board.
b. Convene and facilitate the San Antonio Arts Commission and its Public Art Gifts, Loans, and Memorials Committee (GLMC, defined below) to review possible donations.
c. Oversee the fabrication (when applicable), site preparation (including, but not limited to foundations and lighting), and the installation of all accepted artworks/memorials and related materials such as donor plaques.
3. The San Antonio Arts Commission shall:
a. Appoint a Public Art Gifts, Loans, and Memorials Committee (GLMC). Committee members shall be appointed for a term of two or three years (staggered terms) and may serve a maximum of two terms. Additional adjunct members will be appointed as needed for each proposal. Standing committee members (five in total), will include three arts and/or design professionals -- a curator, a or art maintenance and conservation specialist, an architect, a landscape architect, a graphic designer, etc., one of whom must be an artist; a historian familiar with the City; and a neighborhood representative who will be assigned depending on the proposal/so A member of the San Antonio Arts Commission, who serves as a non-voting facilitator, will chair the GLMC. Other non-voting advisors to the review process may include representatives of the City Departments of CIMS, Risk Management, Development Services, or Legal, as deemed appropriate by the Public Art Board. The GLMC shall convene once every six months on average or on an as-needed basis, as determined by the Public Art Board and depending on when a gift, loan, or memorial is offered.
b. Serve as a board of appeals for any issues that arise in conjunction with the artwork/memorial donations.
4. The Gifts, Loans, and Memorials Committee (GLMC) is a committee of the Public Art Board, facilitated by P ASA staff, and responsible for reviewing and making recommendations on proposed public artwork gifts, loans, or memorials to the Public Art Board. GLMC shall follow the procedures for review of gifts, loans, and memorials (described below.)
5. Works of Public Art are all forms of original creations of visual art or art services, including but not limited to:
a. Painting of all media, including both portable and permanently affixed works such as murals;
b. Sculpture which may be in the round, bas-relief, high-relief, mobile, fountain, kinetic, electronic, etc. in any material or combination of materials;
c. Other visual media including, but not limited to prints, drawings, stained glass, calligraphy, mosaics, photography, clay, fiber, textiles, wood, metals, plastics, or other materials or combination of materials, or crafts or artifacts;
d. Media-based artwork (i.e. electronic, video, Internet reliant);
e. Art that incorporates the use of sound; and
f. Artist design services.
6. Artist is a practitioner in the visual arts generally recognized by critics and peers as a professional of serious intent and recognized ability who produces works of art.
7. Public Art San Antonio Manager is an employee of the City responsible for the operation of the public art program.
8. San Antonio Public Art Collection refers to all works on the accession records/inventory of the City.
9. Gift of Art is a work of art donated free and clear to the City for inclusion in the City art collection.
10. Loaned Art, for these purposes, is a work of art given without charge for use over a period of time exceeding 90 days, to be returned to the owner at the end of the use period; Artworks loaned for less than one year will be reviewed by the PASA Manager and staff.
11. Public Art Memorial is a work of art designed to artistically memorialize or create an artwork monument to an event, person, group, or other entity on public property. Public Art Memorials must conform to the criteria outlined within the City of San Antonio's policies regarding Markers, Memorials, and Plaques.
12. Procedures. All persons interested in donating or gifting works of art to the City will be required to submit the following information in writing to PASA at least six months prior to the anticipated installation date of the project.
a. Review Process. PASA staff will convene the GLMC and present an agenda and schedule for the public art proposals to be considered. The donation information will have been sent to the GLMC for review prior to the meeting. Acceptance or rejection of proposals will be recommended by the GLMC based on the following criteria.
b. Criteria for Eligibility. Public Art Memorials must conform to the criteria outlined within the City of San Antonio's policies regarding Markers, Memorials, and Plaques.
c. Final Recommendations and Acceptance. Final recommendations and approvals of donated public art memorial will be made by the San Antonio Arts Commission upon recommendation of its GLMC and acknowledged through a written statement to the donor or donor's agent. The San Antonio Arts Commission has the responsibility of reviewing and approving the aesthetic appropriateness of a public art memorial and making recommendations whenever necessary to the Historic and Design Review Commission. The Historic and Design Review Commission shall have the responsibility of reviewing and approving public art memorials requiring a certificate of appropriateness for their placement within the City, including those that affect a designated historical landmark, property within a designated historic district, a state archaeological landmark, a recorded Texas historical landmark, property within a National Register Historic District, property listed on the National Register of Historic Places, a National Historic Landmark, or property within the river improvement overlay (RIO) district. Final acceptance will require an Acceptance Agreement approved by City Council.
(h). Disposition of Art.
1. Policy. The PASA Manager shall initiate a disposition review for a public artwork placed on City property, upon the existence of one (1) or more of the following conditions:
a. The condition or security of the artwork cannot be ably guaranteed.
b. The artwork requires excessive maintenance or has faults of design or workmanship and repair or remedy is impractical or unfeasible.
c. The artwork has been damaged and repair is impractical or unfeasible.
d. The artwork endangers public safety.
e. No suitable site is available, or significant changes in the use of character or design of the site have occurred, which affect the integrity of the work.
f. Significant adverse public reaction over an extended period of time.
g. The quality of the artwork is called into question.
h. Written request from the artist has been received.
i. The San Antonio Arts Commission wishes to replace the artwork with a more appropriate work by the same artist.
2. Review Procedures. The following steps are required:
a. Review of the artist's contract and other agreements that may pertain.
b. Discussion with the artist of the circumstances prompting the review.
c. Gathering of opinions of more than one (1) independent professional qualified to recommend on the concern prompting review (conservators, engineers, architects, critics, art historians, safety experts, etc.).
d. Review of written correspondence, press and other evidence of public debate, if applicable
e. Review the artwork's historic significance and if placed within a City designated historic or RIO district adhere to Historic and Design Review Commission guidelines, if applicable.
a. A recommendation of reasonable measures is formulated to address the concerns that prompted the review and forwarded to the San Antonio Arts Commission by the PASA Manager.
b. The recommendation shall be reviewed at an open public meeting of the Public Art Board and upon its acceptance by the San Antonio Arts Commission; the PASA Manager shall take necessary steps to implement the recommended action short of "removal."
c. If the recommendation is removal, or if San Antonio Arts Commission determines that reasonable efforts to resolve the concern(s) which prompted the review have been made but have failed to resolve the situation, then the San Antonio Arts Commission shall appoint a mediating organization or consultant to designate a panel of impartial persons qualified to carry out steps in considering the removal of the artwork. The San Antonio Arts Commission shall consider the varying needs of the parties to the dispute in selecting the mediating organization or consultant.
d. The mediating organization/consultant may draw panel members from groups such as preservationists, art historians, museum curators, artists, urban planners, arts or public interest lawyers, social psychologists, policy analysts, and community improvement activists. The panel shall:
i. Review the San Antonio Arts Commission's determination that reasonable efforts to resolve the concern have been made, yet have failed to resolve it.
ii. The panel may recommend any specific measures to resolve the concern including relocation or removal. This recommendation shall provide a reasonable time frame in which to carry out the recommended measures.
iii. Upon the panel's determination that the San Antonio Arts Commission's decision was correct, or that recommendations referred to in (1a) above have not resolved all concerns, the panel shall then consider the following, in the following order of priority:
a. Relocation of public display (if the work was designed for a specific site, best efforts should be made to relocate it to a new site consistent with the artist's intention. As a courtesy, the artist(s) should be consulted in this determination. In the event of death or incapacitation of the artist, best efforts should be made to consult and/or notify the executor of the artist's estate as to the proposed disposition of the work of art in question.
b. Removal from the collection by sale, extended loan, or gift. Three independent professional appraisals of the fair market value of the work shall be secured on which to base decisions.
iv. If sale, trade, gift, extended loan, or relocation is not feasible, the work will be destroyed, subject to any moral rights retained by the artist.
a. If feasible, the artist should be given first option on purchase.
b. Sale may be through auction, gallery resale, or direct bidding by individuals.
c. Trade may be through artist, gallery, museum, or other institutions.
d. Proceeds from the sale of the work of art shall be deposited into an account to be used for future public art projects. Any pre-existing contractual agreements between the artist and the (responsible agency) regarding resale shall be honored.
e. Any of the options enumerated above require the prior approval by the San Antonio Arts Commission, and may require review by Historic and Design Review Commission if artwork is deemed historic or located in a historic or RIO district.
f. Project Files and Records. PASA shall maintain records on each project, which shall include, but not be limited to the following:
i. All materials in proposals submitted and other visual or written materials relating to the artist's design or method of execution as submitted or become available.
ii. Conveyance of title enumerating any donor conditions.
iii. Records of the San Antonio Arts Commission and City action bearing on the project.
iv. Any agreements relating to the project.
v. Correspondence and memoranda relating to the project.
vi. Records of all billings made in connection with the project.
f. Exceptions. These guidelines shall not apply to:
i. Artwork loaned to the City for one (1) year or less.
ii. Artwork loaned for inclusion in temporary exhibitions in City facilities and City-owned and managed by the City.
iii. Artwork loaned or donated to City employees or appointed City officials for display in their personal offices.
iv. Gifts of state presented to the City by other governmental entities (municipal, state, national, foreign).
v. Artwork loaned or donated to the private collections of nonprofit organizations that manage City entities, or included in temporary exhibitions at those facilities.
(i) Documentation. PASA shall document the selection process and critical stages of specific projects such as fabrication and installation. The documentation will be used for the production of City promotional material and self-guided tour brochures. A video and still photography of each project may be part of the documentation. This documentation will be used as a promotional, educational and archival resource. All records relating to all projects such as contracts, correspondence, memoranda, proposals, models, and billings will be kept by PASA.