A.
Ownership of public art.
(1)
All artwork commissioned and/or acquired by the City of Auburn will
be owned by the City of Auburn.
(2)
Artwork loaned to the City will be covered by the City's insurance
for the duration of the loan.
(3)
Acceptance of a gift or loan of artwork by the City of Auburn means
a commitment to its preservation, protection, and display for public
benefit within the reasonable resources of the City of Auburn.
B.
Acquisitions.
(1)
An acquisitions program is the most active and visible means of promoting
and enhancing the public art collection. By purposefully acquiring
individual works, the Commission can make a broad variety of art available
and distribute installation locations across the City. Attending to
site-specific themes will enhance sense of place and strengthen community
character while citizen involvement will advance a greater appreciation
for public art and a high-quality physical environment.
(2)
Acquisitions of public art shall be free of restrictive conditions
by the artist or donor unless, at the discretion of the Commission,
such conditions are reasonable and not detrimental to the City.
(3)
The artist is the rightful owner with all power and authority to
loan, donate, or sell to the City and will indemnify and hold the
City harmless from any actions, claims, or proceedings challenging
title to ownership.
(4)
All acquisitions of art work must be accompanied by the following
statement:
The donor or the artist, in cases where an artist loans or makes
a donation, or a piece is purchased by the City, represents and warrants
to the City of Auburn, New York, that it intends to loan, donate,
or sell (as the case may be) the artwork to the City. The donor or
artist also represents that he has not entered into any agreement
that may impair this agreement. The City recognizes and respects artists'
rights as set forth in the Visual Arts Rights Act of 1990 (VARA) and
Section 14.03 of the New York State Arts and Cultural Affairs Law,
including, but not limited to, the right to claim authorship, the
right to not have his name used on any work not created by the artist,
and the right not to have his work intentionally distorted, mutilated
or modified so as to prejudice the artist's reputation. However,
the City expressly reserves the right, in its sole discretion, to
relocate or remove from display visual art, and an artist shall sign
a waiver to allow such relocation or removal.
(5)
Through the Public Art Plan, once established, the Commission and
community will identify potential locations for public artwork across
the City, as well as the highest priority sites. As resources become
available, individual acquisition efforts will focus on these sites.
(6)
Once specific site selection occurs, the Commission will select an
artist using one of the following methods:
(a)
Open request for proposals. Artists submit proposals in response
to a public advertisement, which includes a detailed project description
and budget, explanation of honorarium, and application requirements.
Submissions will include, at a minimum, the artist's resume and
slides of his work. After reviewing the responses, the Public Art
Commission will extend interview invitations to a number of the artists,
ultimately selecting one for the Commission.
(b)
Limited invitational/curated pool of artists. A select group
of artists submits proposals in response to a direct invitation, which
includes a detailed project description and budget, explanation of
honorarium, and application requirements. Submissions will include
the artist's resume, slides of his work, and a written narrative
of his proposal. After reviewing the responses, the Commission will
extend interview invitations to a small number of the artists, ultimately
selecting one for the Commission.
(c)
Blind request for proposals. Artists submit proposals in response
to a public advertisement, which includes a detailed project description
and budget, explanation of honorarium, and application requirements.
Submissions will include narrative and two-dimensional depictions
of the proposed concept, but not contain any artist information; each
submission will have an identification number for evaluation purposes.
After reviewing the responses, the Commission will extend interview
invitations to a number of the artists, ultimately selecting one for
the Commission.
(d)
Direct invitation. A single artist submits a proposal in response
to an invitation, which includes a detailed project description and
budget, explanation of honorarium, and proposal requirements. The
Commission will interview the artist, who will present his concept
using both two- and three-dimensional portrayals.
(7)
After the Commission agrees on the artist selection method, it will
prepare materials for advertisement and distribute them as required.
The Commission will review each submission to determine if it is complete
and responsive to the request. The Commission will return incomplete
submissions to the artist, noting why the proposal is incomplete.
(8)
The Commission will review complete submissions and, except when
using direct invitation, select artists for interviews. Given the
scope of some projects as well as the number of respondents, the Commission
may first establish a jury which will be responsible for the selection
of the public art. The Commission and/or jury may develop a short
list for consideration and subsequently identify those to be interviewed.
The Commission and/or jury may ask interviewees, in addition to a
formal meeting with the Commission and/or jury, to make a public presentation
regarding their body of work and initial concepts for the Commission.
(9)
Following the interviews and consideration of public comments and compatibility with the design criteria set forth in § 232-5, the Commission and/or jury will either approve or deny the submission. Following approval, the selected artist will enter into a contract with the City which will facilitate acquisition and will clearly stipulate the rights and responsibilities of both parties.
(10)
When the artist and the City have satisfied contractual requirements,
fabrication and installation can begin immediately. The appropriate
City agency will monitor all work. The Commission will initiate any
related marketing and outreach programs and will encourage community
dialogue regarding the commissioned artwork.
C.
Donations and unsolicited offers.
(1)
The City may also obtain public art through donations, as well as
unsolicited offers. Gifts that artists or owners offer must conform
to the Public Art Plan's goals and objectives, and public participation
will help achieve community acceptance of a proffered piece.
(2)
All costs for installation shall be negotiated by the City and the
donor at the time of donation.
(3)
Should the City choose to remove a piece of donated artwork from
public display for a period of at least one year, the City shall make
a good faith effort to attempt one of the following actions:
(a)
Negotiate with the donor an extended period of time for the
piece to remain out of public display; or
(b)
Offer to return the piece, at donor expense, to the donor. If
the original donor cannot be contacted after reasonable efforts or
chooses not to accept the return of the piece, the City reserves the
right to sell, convey, or otherwise discard the piece.
(4)
The City has the authority to decline gifts, donated pieces, and
unsolicited pieces of public art.
D.
On-loan items.
(1)
Displaying works that an artist or owner has loaned is an effective
way to expand public art in the community. The on-loan program allows
the City to complement or supplement the permanent pieces in the collection
for a limited time. It provides opportunities to display well-known
works and those that are new or unfamiliar, and it offers the chance
to highlight aspiring artists and experienced masters alike.
(2)
The Commission and artist shall agree upon a reasonable length of
time, not to exceed the negotiated agreement, for the art to be displayed.
(3)
At the end of the agreed time period, as contracted between the City
and the artist, the artist is responsible for removing the installation.
A.
Siting.
(1)
The siting and location of all public artwork will be the responsibility
and right of the City. Decisions on siting will be made by the Commission
in consultation with appropriate City staff.
(2)
Site selection for public art will be reviewed with the following
criteria, which may include, but is not limited to:
(a)
The safety and security of the proposed site;
(b)
Ease of access for routine maintenance using standard City equipment;
(c)
Visibility and accessibility by a broad public audience;
(d)
The context of the proposed artwork at the proposed site as
it relates to social, cultural, historical, ecological, physical and
functional context; and
(e)
Community support for the proposed site.
(3)
Public art shall be identified with suitably designed and sized plaques
approved by the Commission.
B.
Installation.
(1)
Installation, maintenance, alteration, refinishing, moving, and removal
of artwork in public places shall be done in consultation with the
artist.
(2)
Installation of individual works will be through the combined efforts
of the artist and City staff, or other contractor as specificed in
the contract.
(a)
The artist will be responsible for installation with the appropriate
City department(s) providing oversight. If the artist is not able
to direct the installation, then City staff shall consult with an
expert in art handling and maintenance to assist in the installation
at the expense of the artist.
(b)
The artist will provide the City with detailed drawings of the
piece and descriptions of transportation, unpacking and/or handling
methods and scheduling.
(3)
The Commission will encourage donors to cover installation costs
associated with proposed gifts. In all cases, donors must provide
sufficient information to generate accurate estimates of such costs.
C.
Maintenance.
(1)
The City of Auburn will be responsible for routine maintenance and
emergency response for all public art acquired, donated, or on-loan
to the City.
(2)
For all acquired pieces, the artist will define techniques, methods,
materials, schedules and costs for regular repairs, and will provide
this information at or before installation. Donations and/or loans
of public art must include sufficient funding to adequately cover
maintenance.
(3)
In some circumstances, the artist might elect to engage a particular
technician for repairs, and therefore must include special provisions
allowing the technical access to the piece in contracts between the
artist and the City. The City or Commission reserves the right to
require the artist (and/or donor or owner) to assume all costs for
specialized or extraordinary artwork maintenance.
(4)
When emergency repair of artworks is necessary, the City will contact
the artist regarding proposed remedies. Absent such advice, recommendations
from the Commission for routine maintenance will serve as the principal
guide for addressing emergency conditions.
(5)
Artwork loaned or acquired by the City shall be insured by the City's
insurance to cover damage, vandalism, theft, fire, and damage from
natural disasters. Normal wear and tear are excluded from insurance
coverage by the City. Therefore, repairs and maintenance for normal
wear and tear of pieces acquired or loaned by the City and put on
public display shall be provided by the City at its discretion. "Wear
and tear" includes such things as normal aging or exposure to the
elements, or similar circumstances (e.g., rust, cracks, fading). The
City shall make a good faith effort to maintain the artwork, pedestal,
and plaque in good condition, on par with other art works on public
display owned by or loaned to the City.
(6)
The City of Auburn Department of Public Works is responsible for
maintaining all files related to the installation, routine maintenance
and emergency response of public art pieces.
