Modesto Public Art Master Plan

The mission of the Modesto Public Art Program is to serve the people of Modesto by making the city a more beautiful and enjoyable place to live.

Developed by the Modesto Public Art Committee in consultation with Modesto residents, business men and women, city government officials, and arts professionals

Table of Contents

Modesto Public Art Master Plan___________________________________________________2General Remarks___________________________________________________________________2

Purpose_________________________________________________________________________________2Introduction_____________________________________________________________________________2Vision of the Modesto Public Art Program____________________________________________________3Benefits of the Modesto Public Art Program___________________________________________________3Modesto Public Art Program Goals__________________________________________________________3

Funding___________________________________________________________________________4Percent for Art Policy and Impact___________________________________________________________4Other Sources of Funding__________________________________________________________________5Modesto Public Art Fund__________________________________________________________________5Policies Regulating the Use of Funds_________________________________________________________5

Ownership_________________________________________________________________________7

Administration_____________________________________________________________________7Modesto Public Art Committee (MPAC)______________________________________________________7Responsibilities of the City of Modesto_______________________________________________________9

The Art and Artists_________________________________________________________________9Guidelines for the Selection of Artists and Art Work____________________________________________9Artist Rights____________________________________________________________________________11Artist Responsibilities____________________________________________________________________12Local vs. Non-Local Artists________________________________________________________________12

Annual Modesto Public Art Plan_____________________________________________________14

The Modesto Public Art Collection____________________________________________________15Guidelines for the Modesto Public Art Collection_____________________________________________15Modesto Public Art Collection Review Standards_____________________________________________15Acquisitions_____________________________________________________________________________15Deaccessioning Art Works_________________________________________________________________16Considering Requests to Borrow City-Owned Art Works_______________________________________18Maintenance and Conservation____________________________________________________________18

Provision for Review and Amendment_________________________________________________19

Guidelines Regarding Public Education/Marketing______________________________________19

Liability, Bonding, and Insurance____________________________________________________20

Further Recommendations____________________________________________________________20

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Modesto Public Art Master Plan

General RemarksPurposeThe primary purpose of the Modesto Public Art Master Plan is to develop a rationale, a course of action, guidelines, standards, policies, procedures, and recommendations for the implementation of a city public art program in Modesto. The primary purpose of the Modesto Public Art Program is to serve the people of Modesto by making the city a more aesthetically pleasing and enjoyable place to live. It does this by including works of visual art in the design and construction of public buildings, parks, and recreational spaces throughout the city of Modesto and/or the design services of artists in select city capital improvement projects. The plan also accomplishes its mission by encouraging and facilitating the inclusion of visual art in private construction and developments in the city.

IntroductionPublic art of one kind or another has been popular since ancient times. Statues, monuments, murals, and landscaping are examples that are familiar to everyone. There are thousands of examples of public art in United States. Among the most noteworthy are the State of Liberty, the Washington Monument, the St. Louis Gateway Arch, the art deco detailing on the Golden Gate Bridge, and the Modesto Arch. Most public art is not publicly funded. Private nonprofit corporations, businesses, churches, universities, hospitals, and individuals sponsor most of the art we see in public places. Because of the benefits of public art, and the wish to be a model of desirable behavior to other organizations both private and public, a large number of government entities world-wide have started public art programs. There are more than 350 public art programs in United States at the state, county, and mostly city government levels. Almost every city of any size in United States has a city-sponsored public art program. Modesto is one of the few large cities that does not. Among those that do in central California are Fresno, Stockton, Turlock, Fremont, Hayward, Palo Alto, Oakland, Richmond, Berkeley, Walnut Creek, Brentwood, San Francisco, Santa Cruz, Emeryville, San Jose, Pleasanton, Livermore, Fairfield, Davis, Lodi, Chico, Grass Valley, and Sacramento.

Over time the definition of public art has changed but most cities adhere to a definition close to that of the Project for Public Spaces. The Project for Public Spaces says “public art differs from art produced for display in a museum, gallery, or other public place, and from art collected by individuals, in three major ways:

1. It is commissioned by a public process, in which the community has a clear and defined role in selecting the artist, the site, and the art work.

2. Public money funds the creation of the art piece, especially in the case of percent for art ordinances. This arrangement means that the art has many audiences to please, not just the artist and the selection committee, and that there is a degree of accountability assumed about the art work that artists do not encounter as much when creating work for private use or display.

3. It is associated with a sense of longevity. Whereas a work of studio art or in a museum collection may be sold or removed at a predetermined time, a work of public art, is protected by the Visual Artists Rights Act and must go through an official process (called Deaccession) if it is to be sold or removed. It also must be designed to rigorous standards, as it is often expected to last from 20-50 years, if not more, in an outdoor, fairly unprotected environment.” (From Project for Public Spaces)

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In addition, public art is:1. accessible to the public2. site-specific or created with a sense of place3. a landmark for community members and tourists

Public art in Modesto is considered in its very broadest sense, incorporating landscape design, lighting and lighting standards, signage, fencing, awnings, a building’s paint job, benches, even trash receptacles.

Vision of the Modesto Public Art ProgramThe vision of the Modesto Public Art Program is a city that is an aesthetically stimulating and enjoyable place to live. People are delighted to visit, play, or work in public spaces because they are well designed and attractive. Art and artistic design permeate every aspect of the city’s infrastructure either as free-standing art works or as part of the design of public buildings and parks. Citizens and corporations are inspired to include art in the public spaces of their own properties and building projects. Modesto has a reputation as a place committed to creativity and the arts attracting tourists and businesses to the city.

Benefits of the Modesto Public Art ProgramPublic art and a public art funding program have the following benefits for Modesto:

1. enhances and beautifies the appearance of public facilities and helps create pleasing urban design2. encourages economic development by providing an attraction for tourists and creating a city that

is desirable to current and future business investment3. preserves the area’s historical, cultural, and environmental heritage4. creates a sense of place, a sense of identity, and a positive image for the city of Modesto5. builds community by encouraging dialogue and interaction about art6. provides art that can inspire and delight the viewers7. guarantees a funding source not directly tied to the city budget8. introduces public art into many different city agencies and offices and to various locations

around the city so it is enjoyed by a large number of people9. encourages community ownership of local city projects through participation in the public art

process

Modesto Public Art Program GoalsGoal 1: Establish a public art program that serves the people of Modesto by making the city a more aesthetically pleasing and enjoyable place to live and that reflects the city’s diverse culture, history, future, and geography

Goal 2: Support the development goals and guidelines of the city including the Modesto Downtown Blueprint Report 2004 and the Design Guidelines for Commercial and Industrial Development

Goal 3: Institutionalize the public art program within city ordinances, policies, plans, and procedures to ensure the long-term life of the program and the art collection

Goal 4: Develop broad base community and institutional support for the public art program and cultivate new audiences and support through public schools, art organizations, local tourist and visitor groups, as well as people who live and work near public art sites

Goal 5: Offer guidelines and encouragement to private individuals, businesses, nonprofit organizations, educational facilities, and others who want to incorporate art into their public spaces

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FundingBecause of the importance of public art to the overall quality of life in the city and the need to set an example to the private sector, the municipal public art program should be funded primarily by public funds. However, it is also important to separate public art funds from the annual budget process to minimize political issues and to secure a stable source of income. Several sources of income have been identified, and the primary one is a percent for art program.

Percent for Art Policy and ImpactFunding for municipal public art in Modesto will be primarily through a percent for art program. Percent for art programs began in the late 1950s and are major sources of funding for public art around the world. In United States, more than 300 percent for art programs are found at the city, county, and state levels. Most involve 1 to 2 percent of the costs of public and often private building projects designated to fund the arts. Modesto is one of the largest cities in United States without a percent for art policy or other means to fund the arts. Regional California cities with formal percent for art programs include Lodi (2% of municipal building projects), Brentwood (1% municipal, 0.4% private residential), San Francisco (2% municipal), Emeryville (1.5% municipal, 1% private), Livermore (1% municipal), Richmond (1.5% municipal), San Luis Obispo (1% municipal), Walnut Creek (1% municipal, ½% to 1% private), Oakland (1.5% municipal), Stockton (2% municipal), and Sacramento (2% municipal). The Modesto program mandates that between now and 2010, 1% and then starting 1 January 2010, 2% of certain city capital improvement projects be set aside for public art, and encourages private commercial developers to make a 2% investment in the future of Modesto. The program also mandates that $25 for public art be added to the capital facilities fee for each residential unit built in the city, and recommends other secondary funding sources.

City Capital ImprovementsCity capital improvement projects will include an amount equal to one percent (1%) (through 31 December 2009) then starting 1 January 2010, two percent (2%) of the total capital improvement project cost for public art, and those funds are to be deposited in the Modesto Public Art Fund.

Eligible funds are limited to capital improvements paid for wholly or in part by funds appropriated by the city council to construct or remodel a building, recreational facility, or park within the city. It does not include funds from federal, state, or other agencies or organizations. The art will be placed in, on, or adjacent to the building or project being constructed.

Capital improvement costs include all construction costs as well as architectural and engineering fees and site work. Capital improvements costs do not include administrative costs or costs related to the investigation and remediation of hazardous materials. Real property acquisition, demolition, equipment, financing costs, publicly assisted residential construction or rehabilitation projects, and site-survey-related costs shall not be subject to the calculation.

The economic impact of the percent for art program will vary from project to project. Because public art is so broadly defined in the Modesto program and can include artist designed objects like benches, paving, wall colors, and windows, in many projects the impact will be minimal. Funds would be spent on these basic objects even without a percent for art policy. So the percent for art policy will add anywhere from almost nothing to 2% to the cost of a publicly funded project.

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Other Sources of FundingPrivate Residential Developments Capital Facilities Fees will include $25 per housing unit for public art and these funds will be transferred to the Modesto Public Art Fund.

Grants, Donations, and FundraisingAdditional funds for municipal public art can come from grant-making agencies, from individuals through annual fundraising campaigns and “adopt a statute” programs, or from local business sponsorships. Community groups such as neighborhood associations, girl scouts, or business associations can be encouraged to work with the MPAC to help maintain art works. These same groups may want to raise matching funds for art works placed in a local park or other neighborhood gathering place. All efforts to develop and maintain these associations are encouraged.

Modesto Public Art FundThe Modesto Public Art Fund will be a separate account set up by the city to receive monies appropriated for the public art program and shall consist of the following:

1. Percent for art funds from city building projects 2. All funds donated to the fund by private developers/owners or by others3. Funds from Residential Capital Facilities Fees ($25 per unit)4. Other funds allocated by the city through the budgetary process5. Funds from grants and fund raising activities

The public art fund shall be used solely for the public art program, and shall be administered by the MPAC.

Policies Regulating the Use of FundsSeventy-five percent of the funds appropriated will be used for design services of artists, for the selection, acquisition, purchase, commissioning, installation, and/or display of original art works in the funding project, and 25% for the maintenance of art works, for educating the public about the art works, and for the administrative costs to manage the program.

Applications of Percent Funds: Inclusions and ExclusionsInclusions75% of the percent for arts funds may be spent for:

1. Artist's fees for design team work, including travel expenses, conceptual development, and proposals

2. Artist selection processes, including jury selection costs and model or design fees3. Semi-finalist proposals and travel expenses4. Design work provided by artists, which can include, but is not limited to:

Outdoor space design elements in areas such as plazas, arcades, and pedestrian passageways;

Artistic design of roadways, parkways, pedestrian or bicycle paths, transit system improvements, water and wastewater facilities,

Sites with historic, archeological, and unique geological features. Collaborative projects: artists as members of design teams working with architects,

landscape architects, engineers, etc.5. The work of art itself, which can be, but is not limited to:

Major three-dimensional art works; as landmarks, focal points, gateways, fountains, architectural embellishment, and 'site-specific' sculptures

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Other major art work or craftwork; paintings, collages, ceramics, textiles, neon and light, architectural and decorative glass, reliefs, murals, enamels, and photo works

Objects and artifacts to create a sense of place: more modest, small scale interventions by artists such a paving markers, milestones

New technologies such as LED displays, web sites, video, and projections Street furniture Interior structural works: flooring, frescos, lighting, wall coverings, windows Commemorative works: statues, inscriptions The incremental costs of infrastructure elements such as sound-walls, utility structures,

roadway elements, and other items if designed by an artist or design team that includes an artist.

6. Related expenses, including: artist's design fee gallery fees city required permits labor and materials operating costs project related travel transportation of the work to the site installation

7. Frames, mats, mounting, anchorage, pedestals, cases or other materials necessary for the installation and/or security of the work

8. Slides and other documentation9. Insurance10. Fees for consultants11. A portion of the budget may be set aside for contingency at the beginning of a project and

returned to the public art fund if unused12. Structures designed specifically for the display of art works 13. repair, maintenance, surveys, curatorial services, and other conservation work necessary to keep

all art works in the city collection in standard condition14. Artists' and craftspersons’ budgets which can include but is not limited to the following:

professional fees labor and other contracted services insurance costs related to the project studio overhead/operating costs relevant to the project dealers/agents fees travel and transportation costs site preparation and installation costs project documentation and promotion fees required for community liaison, education etc.

25% of the percent for art funds may be spent for but not limited to:1. Administration2. Education activities3. Collection management of public art4. Maintenance5. Dedications and publicity6. Identification plaques and labels7. Special projects approved by the MPAC

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Exclusions: Percent for art funds may not be spent for:1. Reproductions of original art works (whether by mechanical means or otherwise)

except in the case of film, video, photography, printmaking or other media-based art. 2. Decorative or functional elements designed by the project architects, landscape

architects or their consultants, without artist collaboration3. Objects which are mass produced of standard design, such as playground equipment

or fountains4. Directional elements such as signs, maps, color coding, unless designed and/or

executed by an artist5. Architect's fees6. Directional elements such as signage, graphics or color coding except as elements of

a work of art or as specifically commissioned one-offs or limited editions from an artist7. Decorative, ornamental or functional elements which are designed by the project

architect or landscape architect as opposed to those commissioned from an artist or in collaboration with an artist for this purpose.

8. Landscape architecture and landscape gardening except where these elements are designed by the artist and/or are an integral part of the art work by the artist or are the result of a collaboration among design professionals, including at least one artist.

9. Provision of services or utilities necessary to operate or maintain a work of art over time. Specific elements that are deemed part of the work, e.g. motors, pumps, lights etc., will be eligible.

10. Industrial and other artifacts except if/when incorporated into an original work of art by an artist.

Ownership1. The city of Modesto will own all works of art acquired through the Modesto Public

Art Program.

AdministrationModesto Public Art Committee (MPAC)The Modesto Public Art Committee will be responsible for the Modesto Public Art Program, and it will work under supervision of the Modesto Culture Commission. The committee has oversight and management of all public art projects.

Modesto Public Art Committee SelectionThe Modesto Culture Commission is responsible for interviewing and selecting those individuals who will serve on the MPAC. The culture commission will create a nominating committee for this purpose. The nominating committee will include either a present or former member of the MPAC.

The chair shall be selected from among members of the committee. The nominating committee shall ensure that the MPAC meets the following minimum standards:

Be a group of vision and energy Be organized to include representatives of the design and art professions Be balanced in professional and community activities Be ethnically diverse, reflecting the diversity of Modesto

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Be balanced in sex and geography Be statesmanlike in the face of criticism

This nominating committee will advertise through the media, electronic postings, emails, letters, and phone calls that individuals are being sought to serve on the MPAC. A job description with required qualifications will be part of the advertisement. Six individuals will be selected to serve, each for three years with staggered terms to assure continuity. A seventh member will be named who lives outside Modesto and who works as an artist or arts administrator with strong credentials in public art. At least one member of the culture commission will be a member of the MPAC.

An individual interested in serving on the MPAC should submit to the nominating committee his/her letter of interest and credentials showing qualifications. Qualifications would include some combination of the following:

1. Employment as a professional visual artist2. Knowledge of and/or skills in public art3. Wide knowledge of regional and national individual artists and their work4. Employment as a critic of contemporary visual art forms5. Experience as an activist for the visual environment6. Residency in Modesto for at least three years7. Evidence of decision-making ability8. Evidence of willingness to tolerate/promote change, experimentation, new artistic and design

expressions9. Evidence of community activities significant enough to confirm knowledge of issues and

individuals within the community10. Knowledge and understanding of ethnic and gender diversity11. Knowledge of the Modesto Public Art Program, its implications for the city, and its processes

The nominating committee will be named within two months after adoption of the public art plan. The proposed Modesto Public Art Committee should be approved and ready for action three months after the nominating committee is named. The MPAC nominees should be presented to the city council for approval. The chairperson of the MPAC should be selected from the membership of the committee.The Modesto Public Art Committee will:

1. Develop the annual public art plan with budgets, guidelines, selection processes and timelines for projects, and present it to the Modesto Culture Commission. In order to assure the quality of projects done jointly, the MPAC will work with staff of the departments involved with the city’s physical and social development. When the public art program has had time to mature, the annual public art plan shall be developed in conformity with a more comprehensive five- to ten-year plan to include projects throughout the city.

2. Prepare the public art maintenance survey for review by the culture commission3. Make recommendations to the culture commission for proposed gifts, donations, and loans of

public art work to the city4. Appoint members of the artist-selection jury5. Develop a concise written charge to each artist-selection jury which outlines objectives and

parameters of the project without limiting which artists or art works the panel may consider, and which designates whether or not a project is a collaboration of partners

6. Take appropriate steps to ensure that local and regional artists are given due consideration in every project and that consideration is given to balance in ethnicity and sex

7. Review and recommend to the culture commission the results of the artist selection panels. Should the MPAC not approve an artist selection, the committee shall refer the matter back to

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the artist selection panel for further consideration. This referral shall be accompanied by a written statement of explanation. Should the culture commission not approve a recommendation by the MPAC, it shall refer the matter back to the committee with a written statement of explanation. The MPAC may alter its prior recommendation by a two-thirds vote. In the event of a reaffirmation of the original recommendation by the two-thirds vote, the recommendation of the MPAC shall be final and recommendation made to city council.

8. Annually review and recommend changes in public art ordinances, policies, guidelines, and procedures to the culture commission

Responsibilities of the City of ModestoThe Modesto City Council shall:1. Review the annual public art plan, and appropriate additional funds to the public art fund2. Request the Redevelopment Agency Board provide feedback to the annual public art plan

The Modesto Culture Commission shall:1. Be responsible for the Modesto Public Art Program, including policies and guidelines, project

oversight, and maintenance of the art collection2. Appoint the members of the MPAC3. Approve the annual public art plan, based on the MPAC’s recommendations, and present to the city

council for approval4. Approve the maintenance needs survey based on the MPAC’s recommendation5. Approve proposed gifts and loans based on the MPAC’s recommendations6. Periodically review and recommend changes in the public art ordinance, policies, guidelines, and

procedures to city council on recommendation of the MPAC

The city department or redevelopment agency with an eligible public art project shall:1. Determine, in consultation with the MPAC, which projects are eligible for art treatment, the

budget, any design criteria, and whether a project is to be developed by a design team2. Designate the project manager, and a departmental representative when appropriate, to

participate in the artist selection process3. Inform project architect of artist involvement in the capital improvement project, the method of

artist selection, and invite the project architect to participate in artist selection process4. Review annual maintenance needs survey of the public art collection in consultation with the

MPAC to determine a work plan5. Include 2% for artist’ services, art works, and maintenance in all capital grant requests, unless

specifically excluded

The Art and ArtistsGuidelines for the Selection of Artists and Art WorkArtist Selection JuriesA different selection jury will be appointed for each public art project. Juries should be given as much latitude as possible not only in selecting the artist(s) for the project(s) but also in defining the site and scope of the artist's contribution to the project. The juries should be named as early as possible to allow for design collaboration.

The Modesto Public Art Committee should develop and annually update a master juror’s list from which it can work in its appointment of individuals to juries. This list should be inclusive of potential jurors from all areas of Modesto and the surrounding area. In naming jurors, the MPAC should be aware of the extent of a juror's knowledge of local, regional, and national artists; the juror's ability to assess the

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design and problem-solving abilities of an artist, and the juror's sensitivity to the requirements/restrictions imposed by design collaborations. Occasionally it will be desirable to include jurors from outside the region with a national perspective on public art. This will be especially true on large projects with national scope.

Artist SelectionThe MPAC will approve artist-selection jurors for each project, including two alternates. The artist-selection jury shall: 1. Be composed of at least five persons from the following categories:

Voting Memberso One representative from the neighborhood in which the art work will occuro Two artists, or one artist and an arts professional (designer, curator, collector, public art

administrator etc.)o The design architect, if selected at this point.o The project manager from the city department or redevelopment agency collaborating on

the project.o A representative from any organization partnering with the city on a capital project (for

example, governmental agency, school, or private developer) if applicable. Non-Voting Advisors

o A member of the Modesto Public Art Committee.o A representative of the city department collaborating on the project. (In addition to the

project manager)2. Be chaired by a MPAC member who will vote only to break a tie3. Meet in open session4. Develop the project based on the charge from the MPAC, including site, medium/media, scope

of project, method of artist selection, national or regional significance of the project, and thus the scope of its publicity, and other relevant considerations

5. Review credentials, proposals, and/or materials submitted by artists6. Recommend to the MPAC artist(s) to be commissioned for the project, or an artist whose

existing work is to be purchased for the project7. Respond to the MPAC’s charge with a written report, including reasons for their selection(s)

Eligibility requirements for each project will be established by the public art committee Artists will be selected on the basis of their qualifications as demonstrated by past work,

appropriateness of the proposal to the particular project, and probability of successful completion. Selection will be based on the criteria listed below and any additional criteria set forth by the MPAC in the annual public art plan.

Specifically excluded are art works done by: students under the supervision of art instructors or done to satisfy course requirements; the design architect (or other relevant design professional) or members of the design firm(s); city employees; and artists who are members of the Modesto Culture Commission or the Modesto Public Art Committee.

Selection of artists will be without regard to race, color, creed, national origin, sexual orientation, or sex

Normally, selections will involve commissioned work by living artists

Methods of selecting artist(s) Direct selection: artist(s) chosen directly by artist-selection jury. Generally, direct selection will

not be employed except on those projects where open or limited call would be impractical, such as an urgent timeline.

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Limited competition: artists invited by selection jury to submit proposals Open competition: any artist may apply, subject to qualifications and limitations established by

the selection jury or the MPAC

Criteria for selection of artists or art works: Quality: of highest priority are design capabilities of the artist(s) and the inherent quality of the

art work(s) Media: all visual art forms may be considered, subject to limitations set by the selection jury or

the MPAC Style: art works of all schools, styles, and tastes should be considered for the city collection Nature: art works should be appropriate in scale, material, form, and content for the immediate,

general, social, and physical environments with which they are to relate Permanence: consideration should be given to structural and surface integrity, permanence, and

protection against theft, vandalism, weathering, excessive maintenance, and repair costs Elements of design: consideration should take into account that public art, in addition to meeting

aesthetic requirements, also may serve to establish focal points; modify, enhance, or define specific spaces; or establish identity

Public liability: art works should be examined for unsafe conditions or factors that may bear on public liability

Diversity: the Modesto Public Art Program should strive for diversity of style, scale, media, and artists— including ethnicity and gender— and equitable distribution of art works throughout the city

Artist’s work style: the Modesto Public Art Program encourages artist involvement with the community and other design professionals. In general, artists who have experience working successfully on design teams and working with the public are preferred.

Artist RightsThe following artists' rights are guaranteed:

1. Public art works, and art concepts cannot be altered, modified, removed, or moved from a site which is integral to the concept for the work without the artist's written permission. If a work, nevertheless, has been significantly altered, the artist shall have the right to disclaim authorship. If the city's best and reasonable efforts to contact the artist and receive written permission have failed, the city may proceed with its plans.

2. Maintenance of public art works, and art concepts shall be the responsibility of the city, not the artist, and the city commits to keep them in a well-maintained state.

3. Repairs and restorations shall be the responsibility of the city. The city shall notify the artist or collaborative team before repairs or restoration in order to provide an opportunity for comment. If that which needs care is art work separate from a building or not integral to the architecture, the city may offer the artist or collaborative team the right to do the work or to supervise it. The city shall reserve the right to make minor and/or emergency repairs without consulting the artist or team so long as those repairs are done according to the "Materials and Care" instructions provided by the artist at the time of acquisition.

4. The artist shall be guaranteed resale royalties on the appreciated value of the work should the city sell the art work.

5. The artists are entitled to pay according to the current national rates6. Copyright of public art works and art concepts shall belong to the creator(s), but the city must be

granted the right to make two-dimensional reproductions for noncommercial purposes in the contract.

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7. An artist or collaborative team involved with creating an art work, or act concept shall have rights to supervise construction, fabrication, and/or application of ideas when done by third parties for the purposes of quality and design control.

Artist ResponsibilitiesThe Artist(s) shall:

1. Submit credentials, proposals, and/or materials as directed for the consideration by the artist-selection panel

2. Conduct necessary research, including attending project orientations and touring project sites and meetings with the public, when possible

3. When selected, execute and complete the work, or transfer title of an existing work, in a timely and professional manner

4. Work closely with the project manager and/or other design professionals on commissioned projects

5. Submit to the MPAC for the review and approval, prior to preliminary design approval by the project’s city agency, any significant change in the scope of the project, color, material, design, or setting of the work

6. Be responsible for all phases of the project as stipulated in the contract7. If required by contract, make a public presentation, conduct a community education workshop,

or do a residency at an appropriate time and appropriate forum in the community where the art work will be placed or the project will occur

8. Be responsible for the timely and safe delivery of art work to appropriate destinations as determined by the MPAC

The following warranties should be assured by artists contracted by the city:1. The art work or art concept is the result of the artistic efforts of the artist except in the case of

design collaboration2. The art is unique and original and does not infringe upon any copyright3. The art or a duplicate has not been accepted for sale elsewhere4. The art is free and clear of any liens5. The execution and fabrication of the art will be performed in a professional manner6. The art as fabricated and installed will be free of defects in material and craftsmanship, including

any defects consisting of "inherent vice" or qualities which cause or accelerate deterioration7. Reasonable maintenance of the art will not require procedures substantially in excess of those

described in the maintenance recommendations submitted by the artist

Local vs. Non-Local ArtistsThe City of Modesto seeks to commission works of art of the highest quality, appropriate to the project or setting, regardless of the residence of the artist. At the same time, the Culture Commission recognizes that important benefits will arise if it can achieve a balance of works by artists of local, regional and national reputation. A particular project’s size, scope, complexity and funding resources are factors which may influence the MPAC’s efforts to recruit non-local artists. In some cases, a project may require that an artist live in or in close proximity to Modesto during the implementation or construction phase. In other cases, a project may benefit significantly from an artist who has intimate knowledge of the community. From time to time, the MPAC may identify specific opportunities for local artists to gain experience in creating public art through a mentoring partnership with more experienced artists. All of these factors will be considered as the Modesto Culture Commission develops its strategy for the implementation of a particular project. The arts commission will create programs to develop the skills,

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knowledge and experience of local artists to assist them in participating successfully in public art projects, locally and elsewhere.

Site Selection1. Definition: Identifying the special location of an actual or planned structure or set of

structures (as a building, parks, landscaping design) and monuments; a space of ground occupied or to be occupied by a building

2. Sites for public art covered by this policy are prominent locations in Modesto, which are identified as suitable for public art projects and are physically and/or visually accessible to and by the public.

3. Art projects funded with public monies will be located on City of Modesto property.4. Identification of a piece of property as a public art site shall be reviewed by the MPAC

(Modesto Public Art Committee) including a representative from the Culture Commission.5. Object: The traditional approach of placing stand-alone sculptures, murals or other artworks

in public buildings, plazas, parks, etc.; as a means to beautify and humanize the environment

Traveling or Temporary Public Art EventsThe Public Art Committee, the Culture Commission, any city agency or department, private individuals, or organizations can request temporary exhibits of art in public places. An exhibit is considered temporary if it lasts less than two years. Temporary exhibits are exempt from the usual public art procedures of selection mandated for long-term city-owned public art. The MPAC oversees the process working with the owner of the art, when it is not a city-owned art work, and the city agency or department that will house the art. The MPAC then makes a recommendation to the culture commission. The culture commission, the city agency or department, and the owner of the art work must all sign-off on a final agreement.

Temporary exhibits can be of: City owned art awaiting a permanent site for long-term exhibition Works of art loaned to the city for any period up to two years

Costs City owned art

All costs associated with installation, maintenance, security, insurance, and removal of temporary art, as well as repair and restoration of walls and other property at the city-owned installation site will be funded by the public art fund and/or the city agency that requests or houses the temporary installation.

Art not owned by cityAll costs associated with installation, maintenance, security, insurance, and removal of temporary art, as well as repair and restoration of walls and other property at the city-owned installation site, will be the responsibility of the owner of the art and/or the city agency or department that requests the installation and/or the public art fund.

RequestsA request or proposal for temporary exhibit of public art can originate from the responsible authorities in any city agency or department including MPAC and the culture commission. A request can also come from any outside sponsoring organization or individual.

The proposal is reviewed by a panel that includes members of MPAC and the relevant city agency or department. Issues of particular concern include safety, insurance, durability of the artwork, and its

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suitability to the site. Following the approval of a proposal, a license agreement between the owner and/or sponsoring organization and the city is executed.

Proposal Requirements: A cover letter including the name, address and phone number of the contact person A written description of proposed art work, including: medium, dimensions, installation method,

and anchoring procedure Photographs of art work, including reference to human scale Artist's and/or sponsoring organization’s statement about the art work Artist's resume and/or sponsoring organizations description Project budget, including method of financing Proposed duration of the exhibition (no longer than two years) The location of specific site(s) for the installation and the reasoning leading to the specific site(s)

choice or general description of the type of environment for which the installation is designed

Guidelines for Temporary Exhibitions in City-Owned or Managed Facilities1. Every aspect of the exhibition must meet the MPAC’s standards of quality, as defined in the

public art master plan.2. Review and approval are the responsibility of the MPAC and the city agency or department with

jurisdiction over the space where the work of public art is exhibited. It is understood that all decisions will be based on the standards, including safety and security standards, recommended in this document.

3. During the period of time that a work of art not owned by the city is displayed on city property, the owner of the work of art must provide a signed waiver holding the city harmless in the event of vandalism, damage, or theft.

4. City sponsored temporary exhibits can occur only on city owned or managed sites

Annual Modesto Public Art Plan1. The Modesto Public Art Committee shall review, with appropriate budget staff from city

departments and the redevelopment agency and budget analysts from the city managers office, all projected capital project allocations to determine if they are eligible for public art treatment and to confirm the accuracy of the budgeted amounts.

2. The MPAC, in consultation with appropriate staff from city departments and redevelopment agency, shall develop a public art plan, including budgets and recommended design approaches for each project.

3. Funds appropriated to the public art fund, but not deemed necessary for art work at the site of the capital project by the MPAC, in total or in part, will be allocated to the public art fund to be expended on other projects as deemed appropriate to the MPAC. These projects shall be included in the annual public art plan.

4. This annual public art plan shall be submitted for approval to the Modesto Culture Commission, which in turn shall submit it to the city council for approval.

5. After the annual plan has been adopted, the MPAC shall confirm with the appropriate budget analyst that annual appropriations have been made and monies transferred to the public art fund.

6. All city departments and agencies shall be responsible for including 2% for artists’ services, art works, and maintenance in all capital grant requests to other public or private agencies or foundations, unless specifically excluded from pertinent grant program guidelines. This requirement includes enterprise fund capital improvements and joint public/private projects.

7. The MPAC may modify the annual public art plan. The city council shall review any significant proposed changes in sites or dollar allocations in the modified plan.

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The Modesto Public Art CollectionGuidelines for the Modesto Public Art Collection

1. Excellence and appropriateness shall govern all elements from concept to actualization.2. The collection will be acquired through a process established by the public art plan. Criteria for

accepting gifts shall be included in guidelines and be consistent with criteria for purchases and commissions.

3. Functional or nonfunctional art work in any media, art places and art concepts, permanent installations and portable works are eligible for inclusion.

4. It should not be a collection for collection's sake, as a museum. A public art collection serves Modesto and its citizens providing what no other city resources provide.

5. The public art collection will not be exclusively a collection of internationally recognized names or strictly that of local artists.

6. The collection will reflect the diverse nature of Modesto by being responsive to all communities of the city.

7. The inclusion of models and drawings in the collection will be determined by contract, case by case.

8. All public art to be acquired will have a maintenance plan and appropriate budget.

Modesto Public Art Collection Review StandardsAt least once every five years every art work in the collection should be evaluated by the MPAC or by an independent agent, for purposes of collection management and in order to assess the collection’s future.

A review process will be established by the MPAC to meet the following objectives:1. Establish a regular procedure for evaluating art works in the city collection2. Establish standards for the acquisition of art works3. Insure that deaccessioning of art works is governed by careful procedures4. Insulate the deaccessioning process from fluctuations in taste—whether on the part of the city,

the collection’s responsible body, or on the part of the public

AcquisitionsA review process for acquisitions to the city collection will use the following criteria:

1. Acquisitions must be guided toward art works of the highest quality.2. Acquisition of art works implies a commitment to preservation, protection, maintenance, and

display for the public benefit.3. Acquisition of art works, whatever the source of funds, should imply permanency within the city

collection. 4. In general, art works should be acquired without legal or ethical restrictions as to future use and

disposition, except with respect to copyrights and certain clearly defined residual rights that are part of a contract with an artist.

5. The acquisition procedures should insure that the interests of all concerned parties are represented, including the public, the art community, and the receiving agency.

6. A legal instrument of conveyance, transferring title of the art work and clearly defining the rights and responsibilities of all parties, should accompany all acquisitions. Complete accessioning records should be made and maintained for all art works.

7. Each piece of art is to be documented and cataloged according to generally accepted cataloging practices.

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Considering Gifts of Art Work to the CityThe MPAC shall have responsibility for reviewing and recommending to the culture commission to accept or decline any art works donated to the city. The MPAC will develop a review process to meet the following objectives:

1. Provide uniform procedures for the review and acceptance of gifts of art works to the City of Modesto

2. Vest in a single city agency the responsibility for insuring the management and maintenance of the city’s public art works

3. Facilitate planning for the placement of art works on city-owned property4. Maintain high artistic standards in works of art displayed5. Provide appropriate recognition of donors of art work6. Protect key public sites from placement of work that is not of lasting significance to the city

The review process shall use the following criteria:1. Aesthetic considerations, to assure art works of the highest quality, based on a detailed written

proposal and concept drawing for the project, photographs of the art work, if existing, and documentation of the artist’s professional qualifications

2. Financial considerations based on cost of implementation, sources of funding, a maintenance agreement between the city and the donor, and estimated cost to the city over the life of the art work

3. All donations of art works must have a guaranteed source of funding for maintenance4. Liability based on susceptibility of the art work to wear and vandalism, potential danger to the

public and special insurance requirements5. Environmental considerations based on physical appropriateness to the site and scale of the art

work

C. Exceptions to the review process:1. Gifts of state presented to the City of Modesto by foreign governments—municipal, state, or

national —which may be accepted by the mayor, the city council, or the city manager on behalf of the city shall be reviewed as follows:

a. Permanent placement shall be determined jointly by the appropriate city agency or department and the MPAC, subject to the approval of the Modesto Culture Commission. Appropriate recognition and publicity shall be the responsibility of the agency or department with jurisdiction over the site of permanent placement of the art work(s). If not provided by the donor, maintenance of the art work(s) shall be the responsibility of the agency with jurisdiction over the site.

2. Art work or exhibitions loaned for display on city property for two years or less shall not be subject to the standard review process. Review and approval shall be the responsibility of the MPAC, the owners of the art, and the agency or department with jurisdiction over the space involved, based nevertheless, on standards delineated in the Modesto Public Art Master Plan.

3. Displays at cultural centers and art museums are not subject to the review process.

Deaccessioning Art WorksThe city shall retain the right to remove any work of art accessioned into the city’s collection regardless of the funding source for that work; however, removing the items from the collection should be a deliberate and seldom-used procedure. It is the policy of the city not to dispose of works simply because they are not currently in fashion and not to dispose of works whose worth might not yet be recognized. In any event, no work of art will be deaccessioned within ten years after acquisition.

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Art work may be considered for review toward deaccessioning if one or more of the following conditions apply:

1. It has received consistent adverse public reaction for more than a ten-year period from a measurably large number of individuals and/or organizations.

2. Deaccessioning has been requested by the agency that displays the work.3. It is found to be fraudulent or not authentic.4. It possesses faults of design or workmanship.5. It causes excessive or unreasonable maintenance.6. It is damaged irreparably, or to an extent where repair is unreasonable or impractical.7. It represents a physical threat to public safety.8. A suitable place for display no longer exists.9. The work is not, or is rarely, displayed.10. A written request from the artist has been received.

Procedure: DeaccessioningThe MPAC shall review the entire art collection at least once in every five year period to ensure that conditions and standards are being met. The committee shall recommend deaccessioning review if conditions warrant, after preparing a report including the following:

1. Reasons for the suggested deaccessioning2. Opinion of the legal department3. Acquisition method and cost4. Informed estimate of the current value of the work. If the acquisition cost exceeded $5,000, there

should be at least one expert appraisal of the current value of the work5. Evaluation of the work6. Public and agency feedback on the work7. Suggested and alternate courses of action

The MPAC shall act as a jury or name an independent jury to assess each item designated for consideration.

1. Proceedings shall be open to the public and shall be publicized2. Artists whose work is being considered for deaccessioning shall be notified by reasonable means

and shall be invited to speak3. The displaying agency or responsible agency shall be notified and invited to speak

The MPAC may recommend any of the following courses of action as a result of a deaccessioning review. The committee shall not be limited to these courses of action and may suggest new methods as may be demanded by a particular set of circumstances:

1. Relocate the work of art. This course of action shall be given highest priority;2. Sell or trade the art work;

a. Seek a bona-fide appraisal and advertise the saleb. Seek competitive bids

3. Dispose of the work through surplus property procedures4. Remove the work from display and store it

Proceeds from Selling the Art Work1. Fifteen percent (15%) of the appreciated value of the work shall be given to the artist who

created the work, provided:a. this was a condition of the agreement with the artist

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b. the artist can be located by reasonable meansc. the work was sold, as opposed to other means of disposal

2. All other proceeds shall be deposited into the Modesto Public Art Fund to acquire other art works for the city.

Considering Requests to Borrow City-Owned Art WorksThe MPAC will research requests to borrow city-owned art work, and determine the following:

1. The organization or party borrowing the art work and the purpose for borrowing it2. Duration of loan3. Amount and provider of insurance4. Any expense to the city5. Any payment for use to the city, and how the city will be credited in any printed or verbal

messages about the art work.MPAC will make a recommendation to the culture commission which shall be solely responsible for loan decisions.

Maintenance and ConservationA review process shall be established by the MPAC to meet the following objectives:

1. To insure regular maintenance of art works in the city’s collection in order to maintain them in the best possible condition

2. To provide for the regular inspection for condition and location of art works in the city’s collection

Maintenance Responsibilities:Artist

1. Within the terms of the contract, the artist shall guarantee and maintain the work of art against all defects of material or workmanship for a period of one year following installation.

2. Artists, as a part of their contract, shall be required to submit to the public arts committee a "Maintenance and Inventory Sheet," including annual cost projections, and which details the maintenance and ongoing care of the art work.

3. Within the terms of the contract, all repairs and restorations which are made during the lifetime of the artist shall have the mutual agreement of the city and the artist and, to the extent practical, the artist shall be given the opportunity to accomplish such repairs at a reasonable fee.

City Departments1. Regular maintenance of art work (i.e. cleaning) shall be the responsibility of the department

responsible for maintaining and cleaning the area or building in which the work is located, in consultation with the MPAC. Each department shall notify the MPAC whenever it believes an art work requires attention.

2. For all non-routine maintenance, city departments shall not affect any maintenance or repairs to art works or places without consent of the MPAC.

3. City departments shall not move any art work from the site for which it was selected, nor remove it from display without the consent of the Modesto Culture Commission.

The Culture Commission and MPAC1. The MPAC shall be responsible for overseeing all maintenance, cleaning, and curatorial services

for the city art collection

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2. The MPAC shall provide each department responsible for maintaining the art work with information on its cleaning and repair

3. The MPAC shall provide for inspection of, and report on, each work of art in the city collection at least every five years, including its present location and condition of each art work and recommendations regarding needed maintenance or repair. This report shall be presented to the culture commission for review and comment.

4. Within procedures authorized by the MPAC or the Modesto Culture Commission, this regular inspection may be accomplished by the MPAC itself or by another individual or group contracted to perform this service.

5. On the basis of the condition report, the MPAC will, for those works needing attention, recommend that no action be taken; negotiate maintenance and repairs with the city department housing the art work; that the repairs be accomplished, in whole or in part, suggesting means of accomplishing the repairs; or that the work be deaccessioned.

Provision for Review and AmendmentThese guidelines are subject to periodic review and revision by the culture commission.

Guidelines Regarding Public Education/MarketingIncluding Modesto residents in the public art program is important for a number of reasons. It ensures that city funds are spent on the public good. If done well it can reduce or manage controversy. It allows for public art projects that are more reflective of a community and its needs. It is, however, difficult to get community participation unless a marketing program is in place. Each year the MPAC will develop a public relations/marketing plan.

The following are examples of marketing and education ideas used by public art programs in other cities.Promotional vehicles for reaching target publics:

1. Presentations to community groups, government agencies, citizen committees, and service clubs2. Presentations to artists, arts organizations, and other design professionals3. Site inventories by design professionals and citizen’s groups4. Symposia on subjects related to public art5. Design competitions and design awards6. Lectures and slide presentations on contemporary art/public art7. Tours of the public art program8. Artists-in-the-schools programs9. Exhibition of site inventory team recommendations, including maps, photos, and drawings10. Public art presentation at schools11. Artist/art registry on city web page

Community representation in public art projects can include:1. Community groups consulted in determining sites and priorities2. A member of the community included in site designation and artist selection processes3. Neighborhood involvement in art site development, including plantings, and painting fences

surrounding development sites4. Community groups cosponsor creation of art works and places5. Community groups cosponsor dedications6. Artists-in-the-neighborhood programs7. Development of sites for community celebrations

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8. Community adoption of public art for maintenance

Traditional media vehicles include:1. Press releases and packages2. Paid advertisements3. Email lists4. Posters of art work, public art exhibits5. Newsletter for all city art activities with editorials, opinion6. Catalogs of public art projects and collections7. Maps and brochures distributed at public sites such as visitor centers, shopping malls, and hotels

In general, the outcome of all public education and marketing activities is to build goodwill for public art and the Modesto Public Art Program.

DedicationThe MPAC will

1. Identify the place, date, time, and participants for a dedication2. Prepare and send invitations3. Arrange for refreshments4. Arrange program events, speakers, and entertainment, including the staging, amplification, and

seating5. Invite the artist, selection jurors, the Modesto Arts Commission, and other officials as

appropriate

Liability, Bonding, and Insurance1. Liability insurance for public art projects should be borne by the city, the designer/architect,

engineer, contractor, or artist's subcontractor(s) whichever seems most reasonable.2. Artists or collaborative teams should be liable for their own acts and omissions during

fabrication and installation of an art work or art place. However, artists should have all drawings, plans, specifications, and installation methods reviewed and approved by a licensed engineer for structural integrity, and with this done, the artist should not be responsible for any public liability arising from the design, fabrication, or installation of the work. Upon completion of the public art project, liability should be that of the city.

3. Should there be a requirement for a performance bond; the city should assume cost of this coverage.

Further Recommendations

Recommendation 1: Involve private developers in public art projects on a voluntary basis. The MPAC should create a set of guidelines to assist private individuals and groups to make decisions regarding public art in Modesto.

Private developers should be invited to voluntarily participate in either the city’s public art program or to create their own plan for including public art in their projects. As a first step in encouraging developers’ participation, the MPAC should create guidelines that give private developers and others direction in selecting public art, and be available to them in a consulting role. The MPAC should meet with developers to explore possibilities for public art inclusion in their projects and to develop friendly and informal relationships.

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The development community should consider taking an active role in a public art program. The possibilities include:

1. Incorporating art works into the public areas of a project2. Commissioning an artist to work as a design-team member on some part of the project3. Contributing to the Modesto Public Art Fund4. Adopting a public art project proposed to benefit a particular neighborhood or area of the city5. Creating public art programming – such as art exhibits, art fairs, and performance art activities –

in public areas of the project

Recommendation 2: Encourage other government agencies, educational institutions, nonprofit organizations, utilities, and transportation agencies to include public art in their projects. Stanislaus County, Modesto Junior College, the public school districts, Stanislaus Regional Transit, MID, Pacific Gas and Electric Company, the various telephone companies, and many other agencies all have a role in the aesthetic appeal of Modesto. The city of Modesto should encourage these agencies to develop their own policies and procedures for including public art in their buildings and development plans.

Recommendation 3: The public art program should focus on highly visible projects that make a significant difference to the appearance of the city. Special emphasis should be given to gathering places for large groups of residents and visitors, such as the area around the Gallo Center for the Arts, Modesto Center Plaza, 10th Street between H and J, and 1010 10th Street. The areas around freeway exits and entrances are also in need of aesthetic improvement, as well as the gateway approaches to the downtown area.

Potential areas for public art include:1. Historic downtown area2. Virginia Corridor and trail from College to Pelandale3. Tuolumne River Regional Park4. Tuolumne River, Dry Creek, and MID bridges5. Freeway exits and entrances6. Major streets and boulevards including the Briggsmore Expressway, I Street, 9th Street, McHenry

Boulevard7. All roundabouts8. All city parks

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