HomeMy WebLinkAboutPACKET Parks Advisory Board 2015-4-24
Parks Advisory Board Agenda
April 24th, 2015
11:00 AM – 12:00 PM
Rooms 202 & 203
Estes Park Town Hall
170 MacGregor Ave
Current Members:
Ronna Boles
Celine Lebeau
Dewain Lockwood
Merle Moore
Chris Reed
Terry Rustin
Approval of March Minutes
Arbor Day 2015 update
Public Art Policy
Discussion on Town Attorney’s
comments
Other Business
Adjourn
Chair Celine Lebeau
Chair Celine Lebeau
Parks Supervisor Brian Berg
Town of Estes Park, Larimer County, Colorado, March 20th, 2015
Minutes of a Regular meeting of the Parks Advisory Board of the Town of Estes Park,
Larimer County, Colorado. Meeting held in the Town Hall Rooms 202 & 203, in said
Town of Estes Park on the 20th day of March, 2015.
Present: Merle Moore
Ronna Boles
Celine Lebeau
Terry Rustin (by phone)
Dewain Lockwood
Also Present: Greg Muhonen, Public Works Director
Kevin McEachern, Public Works Operations Manager
Brian Berg, Parks Division Supervisor
Jen Imber, Public Works Administrative Assistant
Bob Holcomb, Town Board Trustee
Absent: Chris Reed
Chair Lebeau called the meeting to order at 11:10 a.m.
GENERAL BUSINESS
It was moved and seconded (Boles/Moore) to approve the February 20th meeting
minutes and the motion passed unanimously.
Merle Moore shared communication he received from Susan Ison, Director of Cultural
Services for the City of Loveland. A meeting will take place on April 4th at the Rialto
Theater in support of the formation of a Scientific and Cultural Facilities District in
Larimer County. Anyone interested is invited to attend.
ARBOR DAY 2015
Chair Lebeau updated on Arbor Day events. May 15th will be the date of the 2015 Estes
Park Elementary School celebration. A list of book donations was provided by the
elementary school librarian for approval. Platte River Power Authority would like to
donate $1700 for tree planting and education. A portion of that money will be used to
purchase the donated books, so all suggested books will be purchased for donation.
The book plates will include Platte River Power Authority’s name as well as Town of
Estes Park and the Parks Advisory Board.
The elementary art teacher has incorporated Arbor Day art in class, so students are
creating art for the contest, which will conclude on April 15th.
Parks Advisory Board – March 20th, 2015 – Page 2
PUBLIC ART POLICY AND ORDINANCE
Merle Moore and Terry Rustin distributed updated Draft #6 prior to the meeting for
members to review. They opened the floor for questions and comments for the group.
Director Muhonen had comments on the Funds for Works of Art section. The whole
program will be operated out of the reserve fund and no separate account for
maintenance will be needed.
A few minor consistency errors were discussed and corrected. Merle provided examples
of sample contracts to the board. The samples will be used to create a contract for the
Town’s Public Art program, which will be reviewed for approval by the Town attorney.
Trustee Holcomb expressed an interest in presenting the ordinance and guidelines to
the Town Board at a Study Session. Copies will be included for review in a Study
Session packet and then Merle Moore will present at a Town Board Meeting.
It was moved and seconded (Boles/Lockwood) to approve Draft #6 as amended, with
the motion passing unanimously.
With no other business to discuss, a motion was made and seconded (Lebeau/Boles) to
adjourn the meeting at 12:05 pm, with all voting in favor.
Attorney Greg White’s responses:
Pursuant to your request I have reviewed the documents that you sent me. Based upon
that review, I have some comments on areas within the documents that will probably be
the focus of discussion before the PUP Committee and eventually the Town Board.
The Art in Public Places Handbook of Guidelines is very comprehensive and well
done. It is my suggestion that, if the Town Board moves forward to adoption, the
appropriate procedure would be to pass an ordinance that 1) establishes the Art in
Public Places program, 2) adopts the Handbook, and 3) may address funding of the
program. I see no need to repeat sections of the Handbook in the body of the adopting
ordinance.
In reviewing the Handbook, I have the following areas of comment:
1. Selection of Artwork. The Handbook provides that selection of any artwork is done
by the Parks Advisory Board (PAB), and then to the Town Board for approval. In
the process of selecting individual artwork, site selection will be a part of that
process. It is my opinion that it is necessary for the Town Board to have final say in
the acceptance of any pieces and the site location.
2. The Handbook contemplates a separate fund in the General Fund for funding of the
program. There will be discussion on the amount of control the PAB will have over
expenditures from the Fund and how to annually determine the amount of funds
allocated during the Town’s annual budgeting process.
3. Current Town Collection. I note that the Guidelines state that there are “more than
130 public works of art presently in the Town’s collection”. I think it is necessary to
address whether or not these pieces will be subject to the Guidelines, certain parts
of the Guidelines, or excluded from the Guidelines.
4. Definitions. I note that the definition for “Art in Public Places” is any visual work of
art displayed for two weeks or more in Town-owned area. It is my opinion that this
should be reviewed to make sure that this definition does not inadvertently include
some art into the program which is not contemplated by the Guidelines.
5. Maintenance Obligations. The ongoing maintenance for art accepted into the
program is an ongoing obligation of the Town and needs to receive the
necessary attention at the start of the program to assure that adequate funding is
available for maintenance and who is responsible within the Town for that
maintenance.
If you have any further questions or comments or need anything further, please do not
hesitate to contact me.
Thanks, Greg
Draft Ordinance - Final
Page 1
TOWN OF ESTES PARK MUNICIPAL CODE
Chapter ______ - Art In Public Places
_____________________________________________________________________________
Section ______#________ - Purpose
The purpose of this chapter is to provide a means to fund the acquisition of works of art by the
town, which shall become the Town’s collection, to provide a means to select works of art for
the collection, to provide for the display of the collection and to provide for the maintenance
and repair of the works of art in the collection.
Section ______#________ - Definitions
For the purposes of this ordinance the following words or phrases shall be defined as set out
below:
A. “Art in public places” (AIPP), means any visual work of art displayed for two weeks or
more in an open Town-owned area, on the exterior of any town-owned facility, inside any
Town-owned facility in areas designated as public areas, or on non-town property if the
work of art is installed or financed, either wholly or in part, with town funds or grants
procured by the Town.
B. “Parks Advisory Board” (PAB), means the board created in Section ____#____ of the
Municipal Code.
C. “Reserve account” means the Art In Public Places reserve account established by this
ordinance.
D. “Patron” means a person who gives financial or other support to an organization, cause or
activity.
E. “Work Of Art” means all forms of original creations of visual art, including but not be
limited to:
Paintings of all media, including both portable and permanently affixed works
such as frescoes and murals;
Sculpture of any form and in any material or combination of materials. This
includes statues, monuments, fountains, arches, or other structures intended for
ornamentation or commemoration;
Crafts and folk art works in clay, fiber, textiles, glass, wood, metal, mosaics,
plastics, and other materials;
Kinetic and/or interactive sculptures;
Site-integrated artwork created by landscape designers and artists which
includes landscapes and earth-works, integration of natural and human made
Draft Ordinance - Final
Page 2
materials, and other functional art pieces. Site-integrated works may include
building features, gates, street furniture, and paving materials.
F. “Curatorial Support Services Provider” means that entity or organization selected by the
PAB to provide on-going, permanent documentation of the Town public art collection.
They may also provide recommendations for installation and maintenance of the various
types of art in the collection.
G. “Mural” means any work of visual art painted or applied directly on a wall, ceiling or
other large permanent surface. Murals include no picture, symbol or device of any kind
that relates to a commercial business, product or service offered on the premises where
the mural is located.
H. “Guidelines” means that document prepared by, and periodically reviewed and updated
by, The Parks Advisory Board and having the following objectives.
A. To identify suitable works of art for the Town collection.
B. To facilitate the preservation of works of art that may be displayed in public
places.
C. To prescribe a method or methods for competitive selection of works of art for
display.
D. To prescribe procedures for the selection, acquisition and display of works of art
in public places.
E. To set forth any other matter appropriate to the administration of the AIPP
program.
Section _______________ - Funds for works of art
1. The Town Board shall allocate in its annual General Fund Budget, funds for an Art
In Public Places program. The funds shall be placed in the reserve account for the AIPP
program and may be expended as defined in Section ________ - Art In Public Places
Reserve Account below.
2. The Town Board shall allocate in its annual General Fund Budget for the Parks Division,
or other appropriate department, funds sufficient to provide the recommended
maintenance of all public artworks in the Town collection.
3. Patrons may donate a piece of art to the Town of Estes Park for the AIPP program. In
accepting a donation, the Town expects that funds for the transport, site preparation and
installation of the piece will accompany the donation. The funds shall be placed in the
reserve account for the AIPP program and may be expended as defined in Section
________ - Art In Public Places Reserve Account below.
Draft Ordinance - Final
Page 3
4. Patrons may donate funds for the acquisition of a piece of art for the AIPP program. In
accepting the donation, the Town will allocate a portion of the donation for the transport,
site preparation and installation of the piece. The funds shall be placed in the reserve
account for the AIPP program and may be expended as defined in Section ________ - Art
In Public Places Reserve Account below.
3. An artist may donate a piece of art to the Town for the AIPP program. In accepting the
donation, the Town may accept responsibility for funding the transport, site preparation
and installation of the piece.
Section ______________ - Art In Public Places Reserve Account
There is established a reserve account within the general fund to be known as the Art In Public
Places reserve account. Funds in the AIPP reserve account may come from the Town’s annual
General Fund Budget, grants and donations. All funds set aside or donated for acquisition of
works of art shall be paid into the reserve account. Any excess or unexpended funds in the
AIPP reserve account shall carry forward in this account at the end of each fiscal year.
Funds deposited in the reserve account may only be expended for the acquisition, installation,
maintenance and repair of works of art, costs associated with de -accessioning works of art, and
expenses of administration of the AIPP program.
Section _______________ - Administration
Responsibility for administration of the AIPP program shall rest with the PAB, with
administrative support from The Public Works Department and curatorial support from a
Curatorial Support Services Provider. The PAB shall establish and amend, with Town Board
approval, criteria and guidelines governing the selection, acquisition, purchase, commissioning,
placement, installation, maintenance and de-accessioning of works of art. Selection and
placement of works of art shall be in conjunction with representatives of the Town Board , and
the Town department in which the artwork will be located. Following placement or installation,
maintenance and repair of the artwork shall become the responsibility of the department having
possession of the work, with advice and guidance of the PAB and the Curatorial Support
Services Provider. Any proposed works of art requiring extraordinary operation or mainten ance
expenses shall receive prior approval of the department head responsible for such operation or
maintenance.
Section _______________ - Curatorial Support Services Provider
The Curatorial Support Services Provider shall maintain a detailed record of all art in public
places, including, but not limited to, an accession number, site drawings, photographs, designs,
names of artists, and names of architects whenever feasible.
Section ________________ - Ownership
Draft Ordinance - Final
Page 4
All permanent works of art acquired pursuant to this ordinance shall be acquired in the name of,
and title shall be held by, the Town of Estes Park .
Section _________________ - Exemptions
The following are exempt from the provisions of this ordinance:
A. All works of art in the collections of, or under the auspices of, the Estes Valley Public
Library and The Estes Park Museum.
B. All works of art that are the private, personal property of any Town employee and
that are displayed in Town offices or other areas of Town-owned facilities that are not
generally frequented by the public.
Passed and adopted this ____ day of ___________, 2015.
Page 1
ART IN PUBLIC PLACES
HANDBOOK OF GUIDELINES
TOWN OF ESTES PARK, COLORADO
Page 2
TABLE OF CONTENTS
ACKNOWLDEGEMENTS ……………………………………………… Page 3
INTRODUCTION ……………………………………………………….. Page 4
TOWN ORDINANCE …………………………………………………… Page 5
DEFINITIONS …………………………………………………………… Page 5-6
FUNDS FOR WORKS OF ART ………………………………………… Page 6-7
Reserve Account Established
ADMINISTRATION AND CURATORIAL SUPPORT ………………... Page 7-8
Parks Advisory Board
Curatorial Support Services Provider
GUIDELINES ……………………………………………………………... Page 8
SELECTING WORKS OF ART …….……………………………………. Page 8-10
Direct Purchase
Open Competitions
DISPLAY OF ART IN PUBLIC SPACES ………………………………. Page 10
OWNERSHIP OF WORKS OF ART ……………………………………. Page 11
Exemptions of Ownership
ACQUISITION OF WORKS OF ART………………………………….. Page 11
TEMPORARY PUBLIC WORKS OF ART …………………………….. Page 11-12
ARTIST SELECTION CRITERIA ……………………………………… Page 12
SITE SELECTION FOR WORKS OF ART ……………………………. Page 12-13
Display Standards
Town Department Input
POST SELECTION PROCESS .…………………………………………. Page 13-14
Contracts
Public Disclosure
DONATING A WORK OF ART ………………………………………… Page 14-16
Background And Definitions
Process For Consideration
Review Considerations
Public Disclosure
DE-ACCESSIONING A WORK OF ART ……………………………….. Page 16-17
Basis For De-Accessioning
Process/Disposition
MAINTENANCE GUIDELINES FOR WORKS OF ART ……………… Page 17-20
Goal
Definitions
Process
Implementation
PLACEMENT OF WORKS OF ART IN THE PUBLIC RIGHT OF
WAY (ROW) ……………………………………………………………… Page 21-22
Page 3
Goal
Installations Adjoining The ROW
Installations Within The ROW
APPENDIX ……………………………………………………………….. Page 23-31
Contract Form (for acquisition of artwork)
Artwork Donation Form
Artwork Loan Agreement Form
Request For Proposals Form
ACKNOWLEDGMENTS
The Estes Parks Advisory Board would like thank the following, and acknowledge their
valuable input to development of these guidelines.
City of Loveland, Colorado, Visual Arts Commission
City of Fort Collins, Art In Public Places Program
Town of Vail, Art In Public Places Strategic Plan
Greeley Art Commission and City of Greeley, Colorado, Art Master Plan
City of Grand Junction, Colorado, Art In Public Places Program
Executive Director of the Estes Park Museum
Executive Director of the Cultural Arts Council of Estes Park
Page 4
INTRODUCTION
These Guidelines for an Art In Public Places (AIPP) program of the Town of Estes Park
(Town), were developed by the Estes Park Parks Advisory Board (PAB) at the request of
the Town Board. They describe the process and criteria to be used to evaluate potential
public works of art and projects. The guidelines also detail the administration of the Art
In Public Places program.
Following is a definition of public art as it applies to the Estes Park program.
In its broadest sense, public art is any original creation of visual art that is:
Acquired with public monies,
Acquired with a combination of public/private funding,
Acquired by donation or on loan to the Town’s Art In Public Places program or
Privately sponsored artwork that is located on publically owned land.
Examples of public art include, but are not limited to:
Sculpture of any form and in any material or combination of materials to include
statues, monuments, fountains, arches, or other structures intended for
ornamentation or commemoration;
Paintings of all media, including both portable and permanently affixed works such
as frescoes and murals;
Crafts and folk art works in clay, fiber, textiles, glass, wood, metal, mosaics,
plastics and other materials;
Kinetic and/or interactive sculptures;
Site-integrated artwork created by landscape designers and artists which may
include landscapes and earth-works, integration of natural and human-made
materials, and other functional art pieces. Examples of site-integrated works may
include building features, paving materials, gates, and street furniture.
The AIPP program enriches our community through public exposure to the arts. The
program is achieved through a collaboration of Estes Park residents, businesses,
organizations (Cultural Arts Council of Estes Park, Art Center of Estes Park), and Estes
Park K-12 school programs, to develop a diverse art collection that creates a sense of
place, provides a unique town identity, offers educational opportunities and serves as an
economic driver.
The AIPP program weaves public art into the everyday experience of our community and
creates lasting impressions on those who experience it. It enhances our public spaces,
compliments our award winning seasonal floral displays, and makes Estes Park a visitor
destination, not only for its natural beauty, but also for its vibrant arts scene.
Page 5
TOWN ORDINANCE
Town Ordinance _____(#)________ establishes the Art In Public Places program under the
auspices of the Parks Advisory Board of the Town of Estes Park
DEFINITIONS
“Art In Public Places” means any visual work of art displayed for two weeks or more in
an open town-owned area, on the exterior of any Town-owned facility, inside any Town-
owned facility in areas designated as public areas, or on non -Town property if the work
of art is installed or financed, either wholly or in part, with Town funds or grants
procured by the Town.
“Town Board” means those elected officials serving as Trustees of the Town.
“Parks Advisory Board” (PAB), means that Board created in Section _____#__________
of the Municipal Code.
“Reserve account” means the AIPP reserve account defined by these guidelines. The
AIPP reserve account shall not be used for acquiring or funding: 1) reproductions or
unlimited editions of original work; 2) objects that are mass produced; 3) architectural
rehabilitation, or historical preservation; or 4) other works deemed, by the PAB, to be
inappropriate for the Town’s collection.
“Patron” means a person who gives financial or other support to an organization, cause or
activity.
“Work of art” means all forms of original creations of visual art, including but not be
limited to:
Paintings of all media, including both portable and permanently affixed works such
as frescoes and murals;
Sculpture of any form and in any material or combination of materials. This
includes statues, monuments, fountains, arches, or other structures intended for
ornamentation or commemoration;
Crafts and folk art works in clay, fiber, textiles, glass, wood, metal, mosaics,
plastics, and other materials;
Kinetic and/or interactive sculptures; or
Site-integrated artwork created by landscape designers and artists which includes
landscapes and earth-works, integration of natural and human made materials, and
other functional art pieces. Site-integrated works may include building features,
gates, street furniture, and paving materials.
“Site” refers to a specific location being considered for or currently d isplaying a
work of art.
Page 6
“Project” means an existing plan or proposal where installation of a work of art
may be under consideration.
“Mass Produced” means a work of art that has been reproduced for mass
distribution.
“Curatorial Support Services Provider” means that entity or organization selected
by the PAB to provide on-going, permanent documentation of the Town public art
collection. They may also provide recommendations for installation and
maintenance of the various types of art in the collection.
“Mural” means any work of visual art painted or applied directly on a wall, ceiling
or other large permanent surface. Murals include no picture, symbol or device of
any kind that relates to a commercial business, product or service offered on the
premises where the mural is located.
“Guidelines” means that document prepared, and periodically reviewed
and updated by, The Parks Advisory Board.
FUNDS FOR WORKS OF ART
1. The Town Board shall allocate in its annual General Fund Budget, funds for an Art
In Public Places program. The funds shall be placed in the reserve account for the AIPP
program and may be expended as defined in these guidelines under “Reserve Account
Established” below.
2. Patrons may donate a piece of art to the Town of Estes Park for the AIPP program. In
accepting a donation, the Town expects that funds for the transport, site preparation and
installation of the piece will accompany the donation. The funds shall be placed in the
reserve account for the AIPP program and may be expended as defined in these
guidelines under “Reserve Account Established” below.
3. Patrons may donate funds for the acquisition of a piece of art for the AIPP
program. In accepting the donation, the Town will allocate a portion of the
donation for transport, site preparation and installation of the piece. The fund shall
be placed in the reserve account for the AIPP program and may be expended as
defined in these guidelines under “Reserve Account Established” below.
5. An artist may donate a piece of art to the Town for the AIPP program. In accepting the
donation, the Town may, at its discretion, accept responsibility for funding the transport,
site preparation and installation of the piece.
Page 7
Reserve Account Established
A reserve account for the Art In Public Places program has been established. Funds deposited
in the reserve account may only be expended for the acquisition, installation, maintenance and
repair of works of art, costs associated with de-accessioning works of art, and expenses of
administration of the AIPP program. Funds in the AIPP reserve account may come from the
Town’s annual General Fund Budget, grants and donations. All funds set aside or donated for
works of art shall be paid into the reserve account. Any excess or unexpended funds in the
AIPP reserve account shall carry forward in this account at the end of each fiscal year.
Funds in the AIPP reserve account shall not be used for: 1) Purchasing reproductions or
unlimited editions of original work; 2) Purchasing objects that are mass produced; 3)
Architectural rehabilitation, or historical preservation; or 4) Other works deemed inappropriate
for the collection.
ADMINISTRATION AND CURATORIAL SUPPORT
Parks Advisory Board (PAB)
Administration of the AIPP program is the responsibility of the Parks Advisory Board with
administrative support from the Public Works Department. The PAB shall consist of citizens
living in the Estes Valley for at least 2 years and having experience with trees, weeds, public
art, trails or park design. There shall be 7 members, appointed by the Town Board, who shall
serve without compensation.
The PAB shall establish and amend, with Town Board approval, criteria and guidelines
governing the selection, acquisition, purchase, commissioning, placement, installation, and
maintenance of public works of art. Selection and placement of works of art shall be in
conjunction with representatives of the Town Board and the Town department having
responsibility for maintenance of the work of art.
Following placement or installation, maintenance and repair of works of art shall be the
responsibility of the Town department having possession of the work(s), with the advice and
guidance of the PAB. Any proposed works of art requiring extraordinary operation or
maintenance expenses shall receive prior approval of the department head responsible for such
operation or maintenance.
Curatorial Support Services Provider
A representative of the curatorial support services provider shall serve as an ex- officio and
nonvoting member of the PAB. The role of the curatorial support services provider shall be to
perform such duties as set forth in these guidelines as they pertain to the Town’s Art In Public
Places program.
Page 8
The curatorial support services provider, shall maintain a detailed record of all art in public
places, including, but not limited to, accession numbers, site drawings, photographs, designs,
names of artists, and names of architects whenever feasible. The curatorial support services
provider shall be reimbursed for actual expenses incurred as expenses of curatorial support.
GUIDELINES
The Parks Advisory Board shall adopt guidelines:
A. To identify suitable works of art for the Town collection.
B. To facilitate the preservation of works of art that may be displayed in public places.
C. To prescribe a method or methods for competitive selection of works of art for display.
D. To prescribe procedures for the selection, acquisition and display of works of art in
public places.
E. To set forth any other matter appropriate to the administration of the AIPP program.
SELECTING WORKS OF ART
In performing its duties with respect to AIPP program, the PAB will strive to integrate the
creative work of artists into public projects to thereby increase our residents’ and visitors’
experience and improve the economic vitality of the Town through the enhancement of public
spaces in general and the pedestrian landscape in particular. In doing so, special attention will
be given to the following.
A. Conceptual compatibility of the design with the immediate environment of the site.
B. Appropriateness of the design to the function of the site.
C. Compatibility of the design and location with a unified design character or h istorical
character of the site.
D. Creation of an internal sense of order and desirable environment for the general
community by the design and location of the work of art.
E. Preservation and integration of natural features of the site.
F. Appropriateness of the materials, textures, colors and design to the expression of the
design concept.
G. Representation of a broad variety of tastes within the community and the provision of a
balanced inventory of art in public places to insure a variety of style, design and media
throughout the community.
Selection of a work of art may be PAB or otherwise initiated. These guidelines apply in both
instances. Additional guidelines apply to donations of works of art and they may be found in
other sections of this document.
Page 9
Direct Purchase: The PAB may purchase existing artwork from an artist/owner in unique
circumstances (e.g. when the price presents an economic advantage) or to meet one of the AIPP
program goals. The PAB may approach an artist or an artist may approach the PAB.
Artists who have a finished work of art that they wish the PAB to consider for purchase should
submit the following to the PAB:
1. A proposal sheet with the artist’s name, title of the artwork, dimensions, medium, date
produced, price, location, number of reproductions, restrictions on reproduction, and
other information the artist deems pertinent.
2. A resume and references.
3. A maquette and/or images or the actual work for review. (Images may be provided
electronically or by hard copy and should show all sides, providing the proper scale of the
work).
4. A cover letter explaining why the work should be added to the Town’s public art
collection.
5. A conservation assessment describing the artwork’s condition, along with a maintenance
plan. (The plan should include an explanation of th e expected life span of the work while
placed in a public environment, specifying the type of environment in which the artwork
may be placed. It should also discuss whether the artwork may be prone to vandalism
and how the effects of any vandalism may be mitigated; it should be authored by a
qualified conservator or the artist.)
6. The PAB may request additional information.
The PAB typically reviews direct purchases of works of art twice per calendar year; however,
exceptions may be made if deemed appropriate by a majority of the PAB members.
Open Competitions: Competitions are open to artists within the geographic limits and other
specifications set by the PAB (which vary from competition to competition). The PAB strives
to maintain balance between competitions involving local artists only and artists from a larger
area. The PAB process for typical competitions is as follows.
1. The PAB provides a project description, budget, time schedule, and summary of duties
and obligations.
2. The artist shall provide a maquette and site drawing (if appropriate), design, concept
statement, recommended installation and maintenance requirements, budget,
photographs, resume and references.
3. Proposals shall be considered by the jury, and a final choice or choices will be presented
to the PAB for acceptance. Jury composition varies and is determined by the PAB, but
juries typically include representative(s) from the designated site and the PAB.
4. Entry materials will be returned to the artist only if requested and appropriate packaging,
postage and insurance are included with the entry by the artist. The names of selected
artists may be obtained from the Chairperson of the PAB.
Page 10
The Parks Advisory Board recognizes that works of art often significantly alter public places,
becoming a new, major presence in the environment. In recent decades, visual art has rapidly
evolved and diversified, creating at times a gap between visual art and its appreciation by the
general public. The AIPP program shall endeavor to bridge this gap , by broadening
community awareness of the issues involved in visual art and its historical context, and
encouraging informed debate among all segments of the community.
DISPLAY OF ART IN PUBLIC SPACES
A. Works of art selected and implemented pursuant to the provisions of this chapter may be
1) placed in, on or about any public place or, 2) by agreement with the owner thereof,
placed on any private property with substantial public exposure in and around the town.
Works of art owned by the Town may also be 3) loaned for exhibition elsewhere, upon
such terms and conditions as deemed necessary by the PAB.
B. All art in public places shall receive the prior review and approval of the Town Board.
None shall be removed, altered or changed without the prior review and approval of the
Town Board.
C. No work of art financed either wholly or in part with Town funds or with grants procured
by the Town shall be installed on privately owned property unless the following
condition is met. A written agreement must be prepared and signed by the Chairperson
of the PAB, acting on behalf of the Town, and the owner of the property specifying the
proprietary interests in the work of art and specifying other provisions deemed necessary
or desirable by the Town attorney. In addition, such written agreement shall specify that
the private property owner assures:
1. The installation of the work of art will be done in a manner which will protect the
work of art and that takes into consideration public safety;
2. The work of art will be maintained in good condition; and
3. Insurance and indemnification of the Town will be provided as is appropriate.
D. Installation, maintenance, alteration, refinishing and moving of art in public places shall
be done in consultation with the artist whenever feasible.
E. The Cultural Support Services Provider shall maintain a detailed record of all art in
public places, including accession numbers, site drawings, photographs, designs, names
of artist, names of architects and correspondence between all parties invol ved in the
creation, acquisition, placement, and display of art work whenever feasible.
Page 11
OWNERSHIP OF WORKS OF ART
All permanent works of art acquired pursuant to these guidelines shall be acquired in the name
of and title shall be held by the Town of Estes Park.
Exemptions Of Ownership Of Works of Art
The following are exempt from the provisions of these guidelines:
A. All works of art in the collections of, or under the auspices of, the Estes Valley Public
Library and The Estes Park Museum.
B. All works of art that are the private, personal property of any Town employee and
that are displayed in Town offices or other areas of Town-owned facilities which are
not generally frequented by the public.
ACQUISITION OF WORKS OF ART
Public art may be acquired through commissioning a site-specific work, direct purchase, or
donation of a work of art.
A commissioned work of public art typically involves selecting an established artist to develop
a piece of artwork for an identified location or use. An established artist is an artist who has
sold one or more piece(s) of art. If site specific, the artwork must conform to the AIPP program
developed by the PAB regarding the site’s functional context, its architecture, its location, its
relationship to the adjacent terrain, and its social context. If a work of art is commissioned for a
specific use it must meet the requirements set forth by the PAB.
The PAB is entrusted to develop criteria for commissioned projects and to site other acquired
works. The PAB’s administrative policies, selection and placement criteria are detailed in these
Guidelines.
Periodically the Town of Estes Park or the Parks Advisory Board may be offered donations of
works of art. Donations are subject to the same policies and criteria of the AIPP program as
any other work of art being considered by the Town. The PAB has the discretion, subject to
program policies, to recommend to the Town Board either accepting or rejecting any work of
art offered to the Town for public art purposes.
TEMPORARY PUBLIC WORKS OF ART
The PAB may, at its discretion and with approval of the Town Board, designate sites within the
Town of Estes Park as locations for the display of temporary works of art otherwise meeting the
criteria detailed in these guidelines. Sites will be selected for their visibility and access to both
visitors and residents to the town. The display of temporary art has several goals. They are:
1) enriching our community, 2) providing exposure to artists working in a variety of media, and
3) allowing for the exhibition of a wide variety of works of art that may supplement and
enhance the permanent Town art collection.
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A selected artwork must exemplify commitment to quality and innovation. A temporary art
exhibit may be held with the intention of creating a mutually beneficial partnership between the
Town of Estes Park and artists working both within and outside of the community.
Selected artists will enter into a standard lease agreement with the Town of Estes Park for each
work of art proposed for exhibition. The length of the lease may be for up to one year. A ten-
percent (10%) sales commission is collected by the Town for any temporary work of art that is
sold during the exhibition and the funds deposited into the AIPP reserve account .
ARTIST SELECTION CRITERIA
When evaluating the possibility of working with a particular arti st, the PAB generally considers
the following factors.
The artist’s presentation.
The ability of the artist to work cooperatively and effectively with stakeholders.
The technical feasibility of a proposed project and the artist’s technical ability.
Other factors deemed by the PAB to be important.
SITE SELECTION FOR WORKS OF ART
The PAB is charged with selecting sites for purchased or donated artwork. The PAB generally
considers the following criteria in matching an artwork with a display site.
Display Standards
1. Conceptual compatibility of the design with the immediate site environment.
2. Appropriateness of the design to the function of the site.
3. Compatibility of the design and location with a unified design character or historical
character of the site.
4. Creation of a desirable environment for the general community by the design and
location of the work or art.
5. Preservation and integration of natural features of the site.
6. Appropriateness of the materials and design to the exp ression of the artist’s concept.
7. Representation of a broad variety of tastes within the co mmunity and the provisions of a
balanced inventory of art in public places to ensure a variety of style, design, and media
throughout the community.
8. Visibility and accessibility.
9. Public safety.
10. Car and pedestrian traffic patterns, and other Right of Way considerations.
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11. Site conditions/constraints: existing landscaping, site furnishings, water for irrigation,
drainage, grading, electrical source for lighting, and other utility considerations such as
depth of existing utilities, access to natural gas hook up, etc.
12. Environmental impacts such as noise, sound, light and odors.
13. Impact on operational functions of the Town such as snow removal, mowing operations,
etc.
14. Compatibility with the site function.
15. Susceptibility to vandalism.
16. Costs of site preparation.
17. Existing works of art in/near the site area.
18. Impact on adjacent property owners.
19. Any other criteria deemed by the PAB to be important.
Town Department Input
Whether 1) working to select artwork for a designated site, or 2) selecting a site for an already
acquired artwork, the PAB strives to get input from relevant Town departments. Relevant
departments will typically be either 1) a department receiving artwork in/on its
building/grounds, or 2) a department whose general responsibilities will be materially impacted
by the placement of a work of art at a particular site (visual sightline obstruction, mowing or
snow removal operations, etc.).
The Chairperson of the PAB will contact the director of the relevant department(s) to discuss
potential sites and will invite the director to serve on any formal selection committee. The PAB
encourages participation by the relevant department director. Selection processes which are
determined by the PAB may vary by project. The Chairperson of the PAB will ask the director
of the relevant department to provide any concerns he or she has about the sites and/or their
impact on department operations before a selection process is concluded/finalized.
POST-SELECTION PROCESS
Once a site has been selected, an installation plan will be developed by the PAB with input from
the artist, donor, and contractor when appropriate. Following installation, the designated
representative(s) of the PAB and the relevant department director will meet to inspect the site
and sign off on the finalized project.
At the time of an acquisition, by donation or purchase, the proposed budget for a work of art
should include all costs of installation, which may include (1) plinths or other display
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components; (2) site development, including landscaping and irrigation system installation or
modification; and (3) an identification plaque.
Contracts
Following final selection of a work of art or artist, a written contract shall be prepared by the
Town Attorney. Executed contracts shall be filed with the Town Clerk and a copy placed in the
artwork accession file managed by the curatorial support services provider.
Public Disclosure
Information about regular PAB meeting dates, rooms and times may be obtained by contacting
the Town Clerk. Special meetings may be called from time-to-time as needed. Information
regarding PAB meetings is posted in Town Hall and meetings, in accordance with Town
regulations, are open to the public. Notices about PAB agendas and minutes are provided to the
Trail Gazette and Estes Park News newspapers to facilitate public input. Generally, a legal
notice, including a photograph of a proposed work of art donation or acquisition is placed in the
newspaper to allow citizen comment. Feedback received shall be provided to the PAB prior to
the second and final reading at a Town Board meeting regarding the proposed installation.
Under special circumstances, the second reading may be waived.
DONATING A WORK OF ART
Background And Definitions
The Town of Estes Park’s collection of more than 130 public works of art (in 2015) consists in
large part of donations from arts organizations and private parties. Needless to say, donations
are an important part of the collection. The AIPP program has limited funds for administration,
preservation and maintenance of works of art. Likewise, there are a limited number of suitable
municipal sites appropriate for the installation of works of art. To ensure the quality of the
collection, the PAB uses these guidelines to decide whether a proposed donation is appropriate
for addition to the Town’s collection. The PAB accepts only those works that will, in its
discretion, further the overall goals of the AIPP program.
Process For Consideration
The PAB requests that individuals or entities interested in donating a work of art follow these
steps.
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1. Submit a complete official don ation application to the Chairperson of the PAB. This
form may be obtained from the Town website or from the Town Clerk.
2. Provide a maquette and/or images or the actual work for review. Images may be
provided electronically or by hard copy and should show all sides and the proper scale of
the work.
3. Include a cover letter explaining that you are offering the work of art to the Town as a
gift and explain why the work should be added to the Town’s public art collection.
4. Provide a copy of the artist’s resume or biography; information about the artist’s
significance; and digital images showing a sampling of the artist’s work.
5. Provide information about the artwork’s provenance, exhibition history, and a current
estimate of value. Include a letter of authenticity from the artist, if possible.
6. Provide a conservation assessment describing the condition of the work of art, along with
a maintenance plan. The plan should include an explanation of the expected life span of
the work of art while placed in a public environment, stipulating the type of environment
(interior/exterior) in which the work of art may be placed. The plan should also discuss
whether the work of art may be prone to vandalism and how the effects of any vandalism
may be mitigated; it should be authored by a qualified conservator or the artist.
7. The PAB may request additional information.
8. The PAB is unlikely to consider any donation that requires immediate or extensive
maintenance.
The PAB typically reviews potential donations of works of art twice per calendar year (in
January and July); however, exceptions may be made if deemed appropriate by a majority of the
PAB members. After review, the PAB may choose to accept or decline or to table an offer.
Review Considerations
In reviewing a potential donation, the PAB typically considers the information requested above,
as well as aesthetic quality (including craftsmanship), compatibility with the Town’s existing
public art collection, and budget (i.e. maintenance requirements and installation costs). The
PAB may also consider other factors contained in its acquisition guidelines.
Public Disclosure
Information about regular PAB meeting dates, rooms and times may be obtained by contacting
the Town Clerk. Special meetings may be called from time-to-time as needed. Information
regarding PAB meetings is posted in Town Hall and meetings, in accordance with Town
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regulations, are open to the public. Notices about PAB agendas and minutes are provided to the
Trail Gazette and Estes Park News newspapers to facilitate public input. Generally, a legal
notice, including a photograph of a proposed work of art donation or acquisition is placed in the
newspaper to allow citizen comment. Feedback received shall be provided to the PAB prior to
the second and final reading at a Town Board meeting regarding the proposed installation.
Under special circumstances, the second reading may be waived.
DE-ACCESSIONING A WORK OF ART
De-accessioning is a procedure for withdrawing a work of art from the Town of Estes Park’s
public collection. The PAB is responsible for recommending to the Town Board whether any
piece(s) should be de-accessioned. De-accessioning occurs only for good reason, in the PAB’s
discretion.
Basis For De-Accessioning
The PAB may de-accession an artwork for one or more or the following reasons.
The artwork endangers public safety.
The work of art has been determined to be in unsatisfactory condition.
The work of art lacks a suitable display site.
The condition or security of the work of art cannot be reasonably guaranteed where
located.
The work of art is attached to a structure slated for destruction, remodeling or repair (so
that it is not practical to keep the it).
The work of art is or has become incompatible with the rest of the collection.
The Town wishes to replace the work of art with a piece of more significance by the
same artist.
The work of art requires excessive maintenance or it has faults of design or
workmanship.
The work of art is found to be fraudulent or not authentic.
The Town cannot properly care for or store the work of art.
For any other reason articulated by the PAB, in its discretion.
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Process/Disposition
The PAB will review the works of art in the Town’s collection at least once every five years to
determine whether any piece(s) should be de-accessioned. In addition, the Town reserves the
right to de-accession a work of art at any time deemed appropriate by the PAB.
De-accessioning may only be considered during a monthly or a special meeting of the PAB. A
majority of PAB members in a quorum must approve de-accessioning for two consecutive
votes. After the first vote, a public announcement of the plan to de-accession must be made to
permit public input prior to the second vote. Following the second vote, and upon approval of
the Town Board, the work of art shall be officially de-accessioned from the Town collection.
The PAB may consider the following options for disposition of a de-accessioned artwork.
1. Return to the artist.
2. Sale or trade.
3. Destruction (which shall be reserved for works deteriorated or damaged beyond
reasonably-priced repair).
4. Donation.
5. Any option deemed appropriate by the PAB.
MAINTENANCE GUIDELINES FOR WORKS OF ART
Goal
The goal of the AIPP Maintenance Policy is to properly maintain the Town’s collection of
publicly owned works of art to ensure Estes Park citizens’ long-term enjoyment of the
collection. The AIPP Maintenance guidelines spell out the documentation, preservation, and
maintenance processes that will support that goal. The AIPP Maintenanc e guidelines will be
implemented on a piece-specific basis that recognizes the value of each work of art in the
collection.
Definitions
A. The term “Art In Public Places” refers to any visual work of art displayed for two weeks
or more in an open Town-owned area, on the exterior of any Town-owned facility, inside
and Town-owned facility in areas designated as public areas, or on non-Town property if
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the work of art is installed or financed, either wholly or in part, with Town funds or with
grants the Town has procured.
B. The term “work of art” refers to, but is not limited to, a sculpture, monument, mural,
fresco, relief, painting, fountain, banner, mosaic, ceramic, weaving, carving, and work
of/piece of stained glass. The term “work of art” would not normally include
landscaping, architectural ornamentation, or signs.
C. “Documentation” includes, but is not limited to, periodic condition reports, records of
actual maintenance performed and an assessment of those efforts, photographs, artist’s
maintenance recommendations, methods and materials, information, potential problems
with the work of art, finishes information (e.g., painters name; when, where, what, and
how the piece was finished), quality of materials used, installation information,
warranties and professional and other knowledgeable opinions regarding preservation and
maintenance. The documentation may also include the artist’s resume, artwork history,
where the work has been exhibited, and a personal interview with the artist.
D. “Preservation” includes placement; installation; security; regularly scheduled
maintenance and emergency repairs (with consideration to the natural process of aging).
E. “Maintenance” will be performed according to a scheduled piece-specific plan to clean,
repair, and preserve each work of art in the Town’s public collection. A maintenance
plan for outdoor works of art placed in landscaped settings may include regular tree/shrub
pruning or, when necessary, re-planting to maintain desired sight lines for viewing the
work of art. All maintenance plans will include a means to assess the ongoing
effectiveness of preservation.
Process
1. Documentation. Initial documentation will be provided by at the time an artist/donor
submits a work of art for consideration, prior to a piece being accepted into the Town
collection. A standardized form, completed by the artist/donor, will be used for this
purpose. The PAB, appropriate Town departments (Public Works, Parks Division),
outside contractors, service people and experts may be asked to review this
documentation. Documentation will reside in the records of the curatorial support
services provider and their representative to the PAB will be responsible for creating,
keeping and periodically updating the documentation. The PAB will use the projected
cost of maintenance as one consideration in its final determination of acceptance and
placement. Although documentation and maintenance recommendations alone will not
be used to specifically exclude artwork from the Town collection, the recommendation
may play a role in that final determination. The AIPP reserve fund may be used to pay
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for acquiring critical, missing documentation not obtained at the time of acquisition of a
work of art.
2. Maintenance documentation. When a work of art is accepted into the Town collection,
minimum, “benchmark” level of maintenance and a maintenance schedule will be
established for it. The documentation will include a standard for regular maintenance
(e.g. timing, type of maintenance) and identify any maintenance issues that may require
special attention. Each medium will require knowledgeable people to develop
maintenance criteria. In addition, the maintenance criteria may include future historic
and aesthetic considerations for each piece. The maintenance documentation may be
reviewed and revised as needed.
3. Inspection and Condition Report. Upon a schedule recommended by the PAB, the
curatorial support services provider will initiate and produce an inspection and condition
report. Paid professional condition appraisers/conservators and/or knowledgeable
volunteers, craftspeople or industry experts may perform the inspection for each piece.
The inspection and condition report will become part of the permanent documentation for
the specific work of art and will reside with the curatorial support services provider.
4. Regular maintenance. Town Parks Division staff, paid professionals and/or trained and
supervised volunteers will perform regular maintenance of works of art based upon the
maintenance schedule and condition report for each specific work of art. Maintenance
will be performed upon a recommended schedule developed by the PAB in consultation
with the representative of the curatorial support services provider each year.
5. Special Maintenance. Paid professionals/craftspeople or knowledgeable/trained
volunteers will perform maintenance that requires specialized tools, equipment, or
knowledge on an “as needed” basis. The representative of the curatorial support services
provider, in consultation with the PAB will use the condition report and/or site visits to
determine need.
6. Emergency Maintenance or Repair. Paid professionals/craftspeople or
knowledgeable/trained volunteers will perform emergency maintenance/repair on an “as
needed,” timely basis as determined by the representative of the curatorial support
services provider in consultation with the PAB.
7. Construction, Remodeling, Painting & Repair. Whenever construction, remodeling,
painting or other maintenance projects undertaken by the Town may adversely impact
any work of art in the Town collection the PAB is to be notified in advance of the work
commencing. A plan to protect and preserve the likely to be impacted works of art is to
be developed, in conjunction with the representative of the curatorial support services
provider, and approved by the PAB prior to work commencing.
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Implementation
1. Maintenance Plan Implementation. The Department of Public Works staff, Parks
Division staff and the representative of the curatorial support services provider will
monitor the AIPP maintenance plan and will report to the PAB annually, or more often if
needed, on the status of art work maintenance. The Department of Public Works staff
and the representative of the curatorial support services provider will monitor and report
to the PAB on quality control, evaluation and corrective maintenance actions carried out
under the approved plan.
2. Funding. Funding for maintenance will be established through a budget developed
annually by the Department of Public Works and Parks Division staff and presented to
the PAB in November. Funds for maintenance may come from the AIPP reserve account
or be a line item in the appropriate Town department’s annual operating budget.
Maintenance funding of works of art in the permanent Town collection will take
precedent over new art purchases.
3. Contract Services. Contracts with paid professionals/craftspeople will follow established
Town guidelines and will be handled through the appropriate Town department.
4. Quality Control. The PAB believes in regulating the quality of maintenance to an
established standard. Therefore the PAB will work over time to collect and assimilate
maintenance data pertinent to the various types of works of art in the Town’s collection
(e.g. Lacquer vs. waxing, annual vs. biannual maintenance, professional vs. trained
volunteer, etc.) The PAB, the representative of the curatorial support services provider,
and Public Works Department staff will use this data to develop specific quality
standards and devise ways to measure if the standards are met. Once established, the
standards will be used to collect relevant data, analyze that data, and create corrective
action plans as needed. The Public Works Department staff will identify specific areas of
comparison (e.g. using multiple contractors and comparing the results of their work) and
documenting specific maintenance challenges and failures (and their solutions).
5. Policy Review. Annually, in November, PAB members, and/or the Director of Public
Works will recommend changes to the AIPP Maintenance guidelines to the PAB.
6. Attachments. Samples of forms to be used to implement the AIPP program are to be
found in the Appendix section of these guidelines and may be modified by the PAB as
needed during the annual guidelines review process.
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PLACEMENT OF WORKS OF ART IN THE PUBLIC RIGHT OF WAY (ROW)
Goal
The goal of this policy is to develop a framework for the consideration of works of art that will
enhance the community and the travel corridor of the ROW. The guidelines do not rule out any
particular application, as every installation should be weighed in relation to the location, the
factors noted below, as well as the other impact values.
Leadership for consideration of all projects and installations rests primarily with the Town of
Estes Park PAB. Staff liaison support is provided through the Public Works Department and in
cases that impact the ROW, Public Works will guide the process of securing collaborative
support from other Town departments as well as from other governmental agencies (i.e. CDOT,
etc.).
Public Works can and will provide support, professional expertise, and advisement as needed
for installations selected by the PAB. Primary contact will be through the Public Works
Director and any staff member who will be supporting the project(s). In installations that
involve CDOT ROW, Public Works will develop a plan to address the separate contracts,
review, and inspection requirements necessary with these projects; this may include cost
considerations for project management if the size of the installation is large.
The Town of Estes Park utilizes the Manual of Uniform Traffic Control Devices (MUTCD)
when determining uses, signage, visual sightline requirements, and other issues that impact the
ROW. The MUTCD is nationally accepted as the primary standard for these requirements.
Installations Adjoining The ROW
When considering installations along the ROW the following factors shall be considered by
Public Works in making a determination about a particular installa tion.
1. ADA requirements.
A. For example: does the installation impact the egress of handicapped individuals?
2. Impact on flow of pedestrians, bicycles, or traffic .
A. For example: does the installation cause undue interruption of the flow of individuals
on a sidewalk or cross walk?
3. Safety Impacts.
4. Maintenance requirements/modifications that may be created by the installation.
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Installations Within The ROW
When considering installations in the ROW the following factors must be considered and
resolved collaboratively with all stakeholders, with Public Works making a final determination
about a particular installation.
1. ADA requirements.
2. Impact on flow of pedestrians, bicycles, or traffic .
3. Maintenance requirements that may be created by the installation.
4. Safety impacts.
A. Does the installation cause undue distraction for drivers, so that vehicles are more
likely to cause accidents from slowing or disorientation?
B. Does the installation cause a blockage of sightlines such that safety for drivers,
pedestrians, or cyclists is compromised?
I. These sightlines will be different in each installation so size may be a factor
at certain locations. For example in an installation at a traditional intersection
location close to the sightlines at the corners may create a significant hazard; or
within roundabout installations that create blind spots for drivers related to
pedestrians will create a significant hazard.
II. Height of installations is not generally an issue except when a foundation structure
is required that may limit visibility for pedestrians in wheelchairs or may cause
drivers to “rubber neck” for better viewing.
C. When installations are within the ROW project planners must be sensitive to works of
art that may draw pedestrians into the traffic flow for viewing. In roundabout
situations this is a critical factor as these traffic designs are developed to keep speeds
relatively high and do not have clear locations for drivers to stop, generally
roundabout islands are not designed in such a manner as to accommodate pedestrian
traffic. If a work of art is designed into a roundabout prior to construction it may be
possible to create and place design elements that can accommodate these issues. It is
also recommended that placement of recognition for works of art (artist signatures,
plaques describing the work of art, etc.) are placed outside of the roundabouts flow of
traffic versus on the island itself.
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APPENDIX
CONTRACT FOR COMMISSION OF ARTWORK
ESTES PARK, COLORADO
This Agreement is entered into this (day, month, year) by and between the Town of Estes Park, Colorado
(herein after called “the Town”) and (artist’s full name) (hereinafter called “the Artist”).
Recitals
In con junction with ( project name), the Town has allocated funding from the Art In Public Places program
reserve fund in the amount of $_______ to acquire artwork which will be created and installed in (location).
This agreement is for artwork to be installed (location description). The Artist was selected through a
competitive process by the Parks Advisory Board.
Based on these foregoing recitals and the terms and conditions set forth herein, THE PARTIES AGREE AS
FOLLOWS:
ARTICLE 1. SCOPE OF SERVICES
1.1 Artist’s Responsibility
A. The Artist shall perform all services and be responsible for all expenses, materials, supplies, and
equipment necessary to design, fabricate, deliver, and install Artwork consisting of _______________
(description of the artwork)__________________.
B. The Artist’s services shall be performed in a professional, timely, and workmanlike manner, and
in strict compliance with all terms and conditions in this Agreement. The Artist is responsible for all
costs, expenses, and fees associated with the design, engineering, fabrication, installation, lighting, site
visits, and insurance of the Artwork.
C. The Artist shall coordinate the installation of the Artwork with the Town. The Artist agrees to
repair and/or replace any damage caused by the Artwork installation at his expense, whether caused by
the Artist or by anyone the Artist engages to assist him, to the satisfaction of the Town’s designated
representative (“Town Representative”), as set forth in this Agreement. The person designated as
“Town Representative” is the Chairperson of the Parks Advisory Board.
D. The Artist is an independent contractor and not an agent or employee of the Town.
E. The Artist shall secure any necessary engineering work and is responsible for all site preparation.
F. The Artist will provide the concrete foundation on which the sculpture will sit.
G. In performance of the work described herein, the Artist shall comply with all applicable federal,
State and Town laws, rules, and regulations, including but not limited to, applicable copyright,
building and life, health and safety codes.
H. The Artist shall indemnify and hold the Town harmless from any damage or injury claims made
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by a third party(ies) arising during the installation process and caused, or claimed to be caused
by such process, including harm to himself, to others including the public, or to the Artwork.
I. The Artist shall provide the Town with written instructions for the maintenance, care, and up
keep of the Artwork, with a description of all materials used, and a Certificate of Authenticity for the
Artwork.
J. The Artist is solely responsible for the compensation and for the work of every contractor and
other person he engages to assist him in discharging the duties under this Agreement. The Artist agrees
to engage no person without providing adequate worker’s compensation insurance, in amounts required
by Colorado law.
K. The Artist shall secure and provide insurance for the on-site installation period in amounts and
limits specified in this section. The Artist shall provide the Town Risk Manager with a certificate of
liability insurance which addresses the period of on-site installation, and includes the following:
(1) The policy must be an occurrence form; the coverage amount shall be $1,000,000 for
products/completed operations hazard(s); the Comprehensive General Liability insurance
shall have combined single limits of $1,000,000 per occurrence; and the policy shall not be
cancelled, terminated nor not renewed without first giving 30 days advance written notice to
the Town Risk Manager;
(2) Neither this Agreement nor an insurance policy issued as required by this Agreement shall be
understood to waive or diminish the effect of the Colorado Governmental Immunity Act
protections enjoyed by the Town.
1.2 Town’s Responsibility
A. The Town will provide the Artist access to the site for installation of the Artwork.
B. The Town will provide payment to the Artist in a timely fashion as outlines in the Payment Schedule
in Article 6 of the Agreement.
C. The Town will secure any and all required licenses, permits, and similar legal authorizations, at no
expense to the Artist, as may be necessary for the installation.
D. The Town will designate a representative (see Article 1, Section 1.1 C above) with whom the Artist
should communicate and coordinate when necessary, and the Town Representative has the authority to
make decisions for the Town with regard to the matters described herein, including, but not limited to
inspection of any work in progress at the Artist’s studio or fabrication location, determining substantial
and final completion of the Artwork, approving payments to the Artist, approving and coordinating
installation.
E. The Town will provide, at no charge to Artist, a plaque on or near the Artwork identifying the Artist
and Title of the Artwork.
ARTICLE 2. DESIGN CHANGES
A. Final Design Proposal – Following execution of this contract, the Artist will, in consultation with Town
staff when necessary, develop his original proposal into a Final Design Proposal which includes: 1.) A
working drawing or rendition of the proposed Artwork and the site, and a description of the materials to
be used in the artwork; and 2.) Cost estimates for the design, fabrication, engineering, transportation,
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installation, and insurance. The Parks Advisory Board, or a committee thereof, shall review and approve
the final design prior to execution.
B. Any significant change to the design of the Artwork, as approved pursuant to Article 2, Section 2.1
above, must be approved in writing by the Town. The Artist shall provide proposed changes in writing
or graphic communication to the Town for review and approval. A significant change is considered to be
any alteration which materially affects the approved design or installation. Minor changes do not require
written approval.
ARTICLE 3. COMPLETION DATE
The Artist agrees to complete, deliver, and install the Artwork no later than (month, day, year).
Liquidated Damages: If the Artist fails to complete the on-site installation of the Artwork by (month, day,
year), a late fee of $100 per day will be levied, beginning on (month, day, year), and continuing at $100 per day
for every day until the day the Artwork is successfully installed. This late fee will be deducted from the final
payment due to the Artist. This late fee shall not apply to delays caused by the Town or acts of God.
ARTICLE 4. ACCEPTANCE OF THE ARTWORK
The Artwork will be deemed to be accepted by the Town after the following requirements have been satisfied:
(1) The Artwork is completed, delivered, and installed in accordance with this Agreement and the
approved design, and the Town has verified this; and
(2) The Artist has delivered to the Parks Advisory Board the following:
(a) An executed bill of sale;
(b) Written maintenance and care instructions; and
(c) An original signed Certificate of Authenticity.
ARTICLE 5. PAYMENT SCHEDULE
The Town shall pay the Artist a fixed fee of $_________ that will constitute full and complete compensation for
all services performed, materials furnished, and for the artistic value provided by the Artist under this
Agreement. If the Artist is in compliance with the terms of this Agreement, then the Town will pay the Artist as
follows:
A. First payment of $ (30% of the total cost of the Artwork) shall be made when this Agreement is
signed by both parties, recognizing that the Artist will invest time and incur expenses in preparing
the designs and purchasing materials as set forth in Article 1, Section 1.1(A). No invoice from the
Artist is required.
B. Second payment of $ (30% of the total cost) shall be made to the Artist when the Artwork is 50%
completed and reasonable proof of this, such as digital photographs, has been provided. The Artist
will provide a written invoice for this payment.
A. Third payment of $ (30% of the total cost) when the sculpture is completed (but prior to transport) and
reasonable proof of this has been provided. The Artist will provide a written invoice for this payment
and digital photographs.
B. Fourth and final payment of $ (10% of the total cost) following installation and acceptance of the
Artwork by the Town, as described in Article 4.
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The Town agrees to mail each payment described above within two (2) weeks of receiving an invoice from the
Artist.
ARTICLE 6. WARRANTY
A. The Artist represents and warrants that the design of the Artwork is unique and solely the result of the
creative efforts of the Artist, and is wholly original with the Artist and does not infringe upon or
violate the rights of any third party.
B. The Artist warrants that the Artwork is and shall remain free and clear of all liens, including mechan ics
liens and encumbrances of the Artist.
C. The Artist shall not duplicate or offer the same or materially similar Artwork for sale elsewhere within
a 200 mile radius of Estes Park.
D. The Artist warrants that all work is performed in accordance with professional “workmanlike”
standards, and fully guarantees the Artwork to be free from defective materials, products, and
workmanship, for one year following the date of the Town’s final acceptance of the Artwork, as
described above. During this period the Artist agrees to make necessary repairs to the Artwork, in a
manner satisfactory to the Town, of any defect which is the result of faulty workmanship or materials.
If within one year following the date of final acceptance, the Artist is unable or unwilling to make any
necessary repairs, the Artist is responsible for reimbursing the Town for damages, expenses, or loss
incurred by the Town as a result of having to complete such repairs. The Artist is not responsible for
damage to the Artwork caused by vandalism, acts of God, Town employees or contractors.
ARTICLE 7. COPYRIGHT
A. The Artist expressly reserves the rights under common law or under the federal Copyright Act to
control the making and dissemination of copies and reproductions of the Work that the court(s) in the
venue of this Agreement afford to him, except as specified in Article 6 Section C. The Artist
specifically agrees that the Town, and its commissions, agents, divisions, employees and officials may,
without further approval from or compensation to the Artist, reproduce the Artwork graphically, in
photographs, drawings, or computer generated images for any Town business, including advertising,
promotions, visitor and convention activities, and economic development activities. The Town agrees
that whenever appropriate such graphic reproductions of the Artwork will include the Artist’s name, in
such a manner and location as will comply with U. S. copyright law.
B. The Town acknowledges the existence of a 1990 federal law regarding Artist’s rights which limits the
Town’s unilateral ability to modify the Artwork without advance notice to the Artist; however, the
Artist agrees that the Artwork, and all components and elements thereof, are the property of the Town.
The Artist agrees that after the warranty period described in 7.D. expires, the Town has the right to
unilaterally, without Artist’s knowledge or consent, repair, remove, relocate, replace, sell, or store the
Artwork. While it is the Town’s intent to permanently retain and maintain the Artwork as described
herein, over time future citizens and Town Boards may determine that the Town should remove it or
otherwise dispose of the Artwork, and the Town reserves that right. If the Town alters, modifies, or
changes the Artwork, it will not thereafter represent the altered work as that of the Artist without his
consent.
C. The Artist agrees to indemnify and hold the Town harmless from any and all liability arising out of the
Artist’s violation or claim of violation by any person of any copyright or trademark infringement
whether or not such claim(s) or suit(s) is(are) frivolous.
Page 27
ARTICLE 8. INDEMNIFICATION
The Artist will indemnify and hold the Town harmless from all loss and liability (including attorney’s
fees, court costs, and all other litigation expenses) for any infringement of the patent rights, copyright,
trademark, and all intellectual property claims of any person or persons in consequence of the Town’s
acceptance of the Artists work or the use by the Town, or any of its officers or agents, of articles or
services supplied in the performance of the Agreement, whether or not such claim (s) is (are) frivolous.
ARTICLE 9. DEATH OR INCAPACITY
If the Artist becomes unable to complete the terms of this Agreement due to death or incapacitation, such death
or incapacitation will not be considered a default of this Agreement on the part of the Artist; however, upon the
happening of death or incapacity of the Artist, the Town is not obligated to proceed with this Agreement.
In the event of incapacity, the Artist may assign the Artist’s obligations and services under this Agreement to
another artist of his choosing, but only with written approval of the Town. Alternatively, the Town may
terminate this Agreement.
In the event of the death of the Artist, this Agreement shall terminate. The Artist’s executor shall deliver the
Artwork, in whatever form and degree of completion it may be at the time, to the Town, along with all materials
and supplies purchased for the Artwork’ fabrication, if not yet completed. The Town has the right to have the
Artwork completed, fabricated, delivered, and installed by another artist or fabricator of their choosing;
however, the Artist’s heirs shall retain the copyright to the Artwork and all rights under Article 8.
ARTICLE 10. TERMINATION OF AGREEMENT
The Town may terminate this Agreement if the Artist fails without cause to complete, deliver, and install the
Artwork as stipulated in this Agreement. The exercise of a right to termination under this section shall be in
writing and set forth the grounds for termination. If this Agreement is terminated under this section, the Artist
is entitled to retain the 10% fee paid to him when the Agreement was executed, but shall return to the Town all
other compensation paid to him under the terms of this Agreement within 30 days of the date of termination. If
the Artist fails to return said Town funds, the Town shall have the right to take possession of the Artwork, in
whatever form and degree of completion it may be at the time, and all materials and supplies purchased and
obtained by the Artist for the Artwork, and the Town has the right to have the Artwork completed, fabricated,
delivered, and installed by another artist or fabricator of their choosing. However, the Artist shall retain the
copyright to the Artwork and all rights under Article 7.
ARTICLE 11. WRITTEN NOTICE
The parties agree that any notice required by this Agreement shall be given as follows, including notice of a
change of address or change in the Town Representative:
Town:
Artist:
Page 28
ARTICLE 12. ENTIRE AGREEMENT
The terms and provisions of this Agreement, including attachments and any amendments, represent the entire
understanding of the parties with respect to the subject matter of this contract. No representations or warranties
are made by the Artist or the Town except as herein set forth. The terms of this Agreement may only be altered
or modified in writing and signed by both parties.
ARTICLE 13. LAW AND VENUE
The laws of the Town of Estes Park, Larimer County, Colorado, shall govern this Agreement. Any action
arising out of or under this Agreement shall be brought in Larimer County, Colorado.
Signed:
__________________________
Date Signed: ________________
Date Signed: ________________
Page 29
TOWN OF ESTES PARK PARKS ADVISORY BOARD
ARTWORK LOAN AGREEMENT
Please return to: Town of Estes Park, Parks Advisory Board, 170 MacGregor Ave., P.O. Box 1200, Estes Park, CO 80517
Artist name:
__________________________________________________________________________________________________
Mailing Address: _____________________________________________________________________________________________
Phone number & e-mail address: ___________________________________________________________________________
Description of Artwork
Artwork #1 - Title: ___________________________________________________________________________________________
Medium: ___________________________________________ Price or Estimated V alue: $ __________________
Dimensions (h-w-d): ______________________________ Weight: lbs. ___________________________________
Artwork #1 - Title: ___________________________________________________________________________________________
Medium: ___________________________________________ Price or Estimated Value: $ __________________
Dimensions (h-w-d): ______________________________ Weight: lbs. ___________________________________
Artwork #1 - Title: ___________________________________________________________________________________________
Medium: ___________________________________________ Price or Estimated Value: $ __________________
Dimensions (h-w-d): ______________________________ Weight: lbs. ___________________________________
I give the Town permission to photograph my art for temporary display on the Town’s website: Yes ___ No ___
Will hanging art require special installation or equipment other than regular wall hooks? Yes ___ No ___
Dates of exhibit are: _____________________________________________________
The artist understands and agrees to the terms and conditions contained in the Art In Public Places Guidelines for Temporary Public
Works of Art. Exhibits attached to or printed on the opposite side of this agreement. T he artist understands that any insurance
payment that might be made will be based upon an appraised value rather than a declared value. The artist also understands t hat the
Town’s financial liability is limited to not more than $3,000 per piece of art, in the event of total loss or theft of the artwork. This
constitutes the entire agreement between the parties.
Artist’s Signature & Date (Please print name after signature)
------ FOR PARKS ADVISORY BOARD USE ONLY -----
Document and Procedures: Location:
___ Signed Agreement ___ Town Hall ____ Other Location ____________________________________________________
___ Photograph of each piece for insurance (PAB) ___ Insurance information to Risk Management
Page 30
TOWN OF ESTES PARK ART IN PUBLIC PLACES PROGRAM REQUEST FOR PROPOSALS
(______________________ project description_____________________)
Site Description
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
__________________________________________________
Scope and Project Description
The Town of Estes Park Art In Public Places program enriches our community through public exposure to the
arts. The AIPP program weaves public art into the everyday experience of our community and creates lasting
impressions on those who experience it. It enhances our public spaces, compliments our award winning
seasonal floral displays, and makes Estes Park a visitor destination, not only for its natural beauty, but also for
its vibrant arts scene.
This public art project will be commissioned for (location description). The Town of Estes Park Parks Advisory
Board will utilize (outside funding source if an y) and the AIPP Reserve Fund to (project description). The
artwork will serve as (purpose description). The scale of the art should be set according to the scale of the site.
The artist will be required to carry general liability insurance in the amount of $ (amount).
Eligibility
The project is open to any professional artist with demonstrated experience in creating signature artwork.
Selection Process
From this Call, al Artist may be selected directly from the initial applications or the artwork selection panel may
elect to interview a limited number of finalists from among the initial applications based upon their conceptual
drawings.
If multiple semi-finalists are selected, each semi-finalist will present a scaled maquette (sculpture
pieces), or scale rendering (non-sculpture pieces), for the panel’s review. Semi-finalists may be
required to develop more specific preliminary proposals prior to final selections. If so, a stipend will
be paid.
A detailed budget will be required of artists selected as semi-finalists. The detailed budget must
include all expenditures in connection with the execution of the project. (Prior to submitting a
ARTIST’S RENDERING OF PROJECT
Page 31
proposal, it is recommended that artists prepare such a budget to ensure the project can be executed
as presented.)
One artist will ultimately be selected to develop their design, fabricate and install the artwork.
Artwork Selection Panel: Members of the Town of Estes Park Parks Advisory Board, one Public
Works representative, one representative of (outside funding source), one representative of the
Curatorial Support Services Provider, and three Estes Park citizens will serve as jurors for the
project.
Town staff will oversee operations and administer the decisions of the jury panel.
Submission Requirements
All applications must be submitted through the Town website to jimber@estes.org and must include:
a preliminary statement of approach for the project which communicates scope and scale
previous accomplishment(s) with public art pieces of similar appropriate scale as shown in five-ten
images of artwork completed within the past five years.
the Artist’s conceptual image for the site, which must communicate the scope and scale of the
submitted project: Maximum number of conceptual images: 3
3 professional references
Selection Criteria
The primary criteria for selection:
Scope of Proposal: Does the proposal show an understanding of the project objective, appropriate
scale and desired results? Does the artwork represent history/spirit of the Town?
Assigned Personnel: Do the person(s) working on the project have the necessary skills? Are
sufficient people of the requisite skills assigned to the project?
Availability: Can the work be completed in the contracted time and on-budget?
Timeline
All applications must be submitted through the Town website by (month, day, year).
Final completion date will be determined jointly by the Artist and the Parks Advisory Board; however, the
project must be started shortly after the contract has been awarded.
Budget
A maximum of $ (amount) has been allocated for the artwork to include all design, fabrication, insurance,
installation, travel, contingency and incidental costs. The Town of Estes Park reserves the right to withdraw
from the project prior to such time as a contract is formally entered into with the Artist. Contract provisions
will apply subsequent to the agreement to such by both parties.
Submission and Contact Information
Jen Imber, Administrative Assistant
Public Works Department
170 MacGregor Ave.
P.O. Box 1200
Estes Park, CO 80517
(970) 577-3587 jimber@estes.org
CONTRACT FOR COMMISSION OF ARTWORK
ESTES PARK, COLORADO
This Agreement is entered into this (day, month, year) by and between the Town of Estes Park,
Colorado (herein after called “the Town”) and (artist’s full name) (hereinafter called “the
Artist”).
Recitals
In con junction with ( project name), the Town has allocated funding from the Art In Public
Places program reserve fund in the amount of $_______ to acquire artwork which will be created
and installed in (location). This agreement is for artwork to be installed (location description).
The Artist was selected through a competitive process by the Parks Advisory Board.
Based on these foregoing recitals and the terms and conditions set forth herein, THE PARTIES
AGREE AS FOLLOWS:
ARTICLE 1. SCOPE OF SERVICES
1.1 Artist’s Responsibility
A. The Artist shall perform all services and be responsible for all expenses, materials,
supplies, and equipment necessary to design, fabricate, deliver, and install Artwork
consisting of ________________ (description of the artwork)__________________.
B.
C. The Artist’s services shall be performed in a professional, timely, and workmanlike
manner, and in strict compliance with all terms and conditions in this Agreement. The
Artist is responsible for all costs, expenses, and fees associated with the design,
engineering, fabrication, installation, lighting, site visits, and insurance of the Artwork.
D. The Artist shall coordinate the installation of the Artwork with the Town. The Artist
agrees to repair and/or replace an y damage caused by the Artwork installation at his
expense, whether caused by the Artist or by anyone the Artist engages to assist him, to
the satisfaction of the Town’s designated representative (“Town Representative”), as set
forth in this Agreement. The person designated as “Town Representative” is the
Chairperson of the Parks Advisory Board.
E. The Artist is an independent contractor and not an agent or employee of the Town.
F. The Artist shall secure any necessary engineering work and is responsible for all site
preparation. The Artist will provide the concrete foundation on which the sculpture will
sit.
G. In performance of the work described herein, the Artist shall comply with all applicable
federal, State and Town laws, rules, and regulations, including but not limited to,
applicable copyright, building and life, health and safety codes.
2
H. The Artist shall indemnify and hold the Town harmless from any damage or injury
claims made by a third party(ies) arising during the installation process and caused, or
claimed to be caused by such process, including harm to himself, to others including the
public, or to the Artwork.
I. The Artist shall provide the Town with written instructions for the maintenance, care,
and up-keep of the Artwork, with a description of all materials used, and a Certificate of
Authenticity for the Artwork.
J. The Artist is solely responsible for the compensation and for the work of every
contractor and other person he engages to assist him in discharging the duties under this
Agreement. The Artist agrees to engage no person without providing adequate worker’s
compensation insurance, in amounts required by Colorado law.
K. The Artist shall secure and provide insurance for the on-site installation period in
amounts and limits specified in this section. The Artist shall provide the Town Risk
Manager with a certificate of liability insurance which addresses the period of on-site
installation, and includes the following:
(1) The policy must be an occurrence form; the coverage amount shall be
$1,000,000 for products/completed operations hazard(s); the Comprehensive
General Liability insurance shall have combined single limits of $1,000,000
per occurrence; and the policy shall not be cancelled, terminated nor not
renewed without first giving 30 days advance written notice to the Town Risk
Manager;
(2) Neither this Agreement nor an insurance policy issued as required by this
Agreement shall be understood to waive or diminish the effect of the Colorado
Governmental Immunity Act protections enjoyed by the Town.
1.2 Town’s Responsibility
A. The Town will provide the Artist access to the site for installation of the Artwork.
B. The Town will provide payment to the Artist in a timely fashion as outlines in the
Payment Schedule in Article 6 of the Agreement.
C. The Town will secure any and all required licenses, permits, and similar legal
authorizations, at no expense to the Artist, as may be necessary for the installation.
D. The Town will designate a representative (see Article 1, Section 1.1 C above) with
whom the Artist should communicate and coordinate when necessary, and the Town
Representative has the authority to make decisions for the Town with regard to the
matters described herein, including, but not limited to inspection of any work in
progress at the Artist’s studio or fabrication location, determining substantial and final
3
completion of the Artwork, approving payments to the Artist, approving and
coordinating installation.
E. The Town will provide, at no charge to Artist, a plaque on or near the Artwork
identifying the Artist and Title of the Artwork.
ARTICLE 2. DESIGN CHANGES
A. Final Design Proposal – Following execution of this contract, the Artist will, in
consultation with Town staff when necessary, develop his original proposal into a Final
Design Proposal which includes: 1.) A working drawing or rendition of the proposed
Artwork and the site, and a description of the materials to be used in the artwork; and 2.)
Cost estimates for the design, fabrication, engineering, transportation, installation, and
insurance. The Parks Advisory Board, or a committee thereof, shall review and approve
the final design prior to execution.
B. Any significant change to the design of the Artwork, as approved pursuant to Article 2,
Section 2.1 above, must be approved in writing by the Town. The Artist shall provide
proposed changes in writing or graphic communication to the Town for review and
approval. A significant change is considered to be any alteration which materially affects
the approved design or installation. Minor changes do not require written approval.
ARTICLE 3. COMPLETION DATE
The Artist agrees to complete, deliver, and install the Artwork no later than (month, day, year).
Liquidated Damages: If the Artist fails to complete the on-site installation of the Artwork by
(month, day, year), a late fee of $100 per day will be levied, beginning on (month, day, year),
and continuing at $100 per day for every day until the day the Artwork is successfully installed.
This late fee will be deducted from the final payment due to the Artist. This late fee shall not
apply to delays caused by the Town or acts of God.
ARTICLE 4. ACCEPTANCE OF THE ARTWORK
The Artwork will be deemed to be accepted by the Town after the following requirements have
been satisfied:
(1) The Artwork is completed, delivered, and installed in accordance with this
Agreement and the approved design, and the Town has verified this; and
(2) The Artist has delivered to the Parks Advisory Board the following:
(a) An executed bill of sale;
(b) Written maintenance and care instructions; and
(c) An original signed Certificate of Authenticity.
4
ARTICLE 5. PAYMENT SCHEDULE
The Town shall pay the Artist a fixed fee of $_________ that will constitute full and complete
compensation for all services performed, materials furnished, and for the artistic value provided
by the Artist under this Agreement. If the Artist is in compliance with the terms of this
Agreement, then the Town will pay the Artist as follows:
A. First payment of $ (30% of the total cost of the Artwork) shall be made when this
Agreement is signed by both parties, recognizing that the Artist will invest time and
incur expenses in preparing the designs and purchasing materials as set forth in
Article 1, Section 1.1(A). No invoice from the Artist is required.
B. Second payment of $ (30% of the total cost) shall be made to the Artist when the
Artwork is 50% completed and reasonable proof of this, such as digital photographs,
has been provided. The Artist will provide a written invoice for this payment.
C. Third payment of $ (30% of the total cost) when the sculpture is completed (but prior to
transport) and reasonable proof of this has been provided. The Artist will provide a
written invoice for this payment and digital photographs.
D. Fourth and final payment of $ (10% of the total cost) following installation and
acceptance of the Artwork by the Town, as described in Article 4.
The Town agrees to mail each payment described above within two (2) weeks of receiving an
invoice from the Artist.
ARTICLE 6. WARRANTY
A. The Artist represents and warrants that the design of the Artwork is unique and solely
the result of the creative efforts of the Artist, and is wholly original with the Artist and
does not infringe upon or violate the rights of any third party.
B. The Artist warrants that the Artwork is and shall remain free and clear of all liens,
including mechanics liens and encumbrances of the Artist.
C. The Artist shall not duplicate or offer the same or materially similar Artwork for sale
elsewhere within a 200 mile radius of Estes Park.
D. The Artist warrants that all work is performed in accordance with professional
“workmanlike” standards, and fully guarantees the Artwork to be free from defective
materials, products, and workmanship, for one year following the date of the Town’s
final acceptance of the Artwork, as described above. During this period the Artist
agrees to make necessary repairs to the Artwork, in a manner satisfactory to the Town,
of any defect which is the result of faulty workmanship or materials. If within one year
following the date of final acceptance, the Artist is unable or unwilling to make any
necessary repairs, the Artist is responsible for reimbursing the Town for damages,
expenses, or loss incurred by the Town as a result of having to complete such repairs.
The Artist is not responsible for damage to the Artwork caused by vandalism, acts of
God, Town employees or contractors.
5
ARTICLE 7. COPYRIGHT
A. The Artist expressly reserves the rights under common law or under the federal
Copyright Act to control the making and dissemination of copies and reproductions of
the Work that the court(s) in the venue of this Agreement afford to him, except as
specified in Article 6 Section C. The Artist specifically agrees that the Town, and its
commissions, agents, divisions, employees and officials may, without further approval
from or compensation to the Artist, reproduce the Artwork graphically, in photographs,
drawings, or computer generated images for any Town business, including advertising,
promotions, visitor and convention activities, and economic development activities.
The Town agrees that whenever appropriate such graphic reproductions of the Artwork
will include the Artist’s name, in such a manner and location as will comply with U. S.
copyright law.
B. The Town acknowledges the existence of a 1990 federal law regarding Artist’s rights
which limits the Town’s unilateral ability to modify the Artwork without advance
notice to the Artist; however, the Artist agrees that the Artwork, and all components and
elements thereof, are the property of the Town. The Artist agrees that after the
warranty period described in 7.D. expires, the Town has the right to unilaterally,
without Artist’s knowledge or consent, repair, remove, relocate, replace, sell, or store
the Artwork. While it is the Town’s intent to permanently retain and maintain the
Artwork as described herein, over time future citizens and Town Boards may determine
that the Town should remove it or otherwise dispose of the Artwork, and the Town
reserves that right. If the Town alters, modifies, or changes the Artwork, it will not
thereafter represent the altered work as that of the Artist without his consent.
C. The Artist agrees to indemnify and hold the Town harmless from any and all liability
arising out of the Artist’s violation or claim of violation by any person of any copyright
or trademark infringement whether or not such claim(s) or suit(s) is(are) frivolous.
ARTICLE 8. INDEMNIFICATION
The Artist will indemnify and hold the Town harmless from all loss and liability
(including attorney’s fees, court costs, and all other litigation expenses) for any
infringement of the patent rights, copyright, trademark, and all intellectual property
claims of any person or persons in consequence of the Town’s acceptance of the Artists
work or the use by the Town, or any of its officers or agents, of articles or services
supplied in the performance of the Agreement, whether or not such claim (s) is (are)
frivolous.
ARTICLE 9. DEATH OR INCAPACITY
If the Artist becomes unable to complete the terms of this Agreement due to death or
incapacitation, such death or incapacitation will not be considered a default of this Agreement on
6
the part of the Artist; however, upon the happening of death or incapacity of the Artist, the Town
is not obligated to proceed with this Agreement.
In the event of incapacity, the Artist may assign the Artist’s obligations and services under this
Agreement to another artist of his choosing, but only with written approval of the Town.
Alternatively, the Town may terminate this Agreement.
In the event of the death of the Artist, this Agreement shall terminate. The Artist’s executor shall
deliver the Artwork, in whatever form and degree of completion it may be at the time, to the
Town, along with all materials and supplies purchased for the Artwork’ fabrication, if not yet
completed. The Town has the right to have the Artwork completed, fabricated, delivered, and
installed by another artist or fabricator of their choosing; however, the Artist’s heirs shall retain
the copyright to the Artwork and all rights under Article 8.
ARTICLE 10. TERMINATION OF AGREEMENT
The Town may terminate this Agreement if the Artist fails without cause to complete, deliver,
and install the Artwork as stipulated in this Agreement. The exercise of a right to termination
under this section shall be in writing and set forth the grounds for termination. If this Agreement
is terminated under this section, the Artist is entitled to retain the 10% fee paid to him when the
Agreement was executed, but shall return to the Town all other compensation paid to him under
the terms of this Agreement within 30 days of the date of termination. If the Artist fails to return
said Town funds, the Town shall have the right to take possession of the Artwork, in whatever
form and degree of completion it may be at the time, and all materials and supplies purchased
and obtained by the Artist for the Artwork, and the Town has the right to have the Artwork
completed, fabricated, delivered, and installed by another artist or fabricator of their choosing.
However, the Artist shall retain the copyright to the Artwork and all rights under Article 7.
ARTICLE 11. WRITTEN NOTICE
The parties agree that any notice required by this Agreement shall be given as follows, including
notice of a change of address or change in the Town Representative:
Town:
Artist:
ARTICLE 12. ENTIRE AGREEMENT
The terms and provisions of this Agreement, including attachments and any amendments,
represent the entire understanding of the parties with respect to the subject matter of this
contract. No representations or warranties are made by the Artist or the Town except as herein
7
set forth. The terms of this Agreement may only be altered or modified in writing and signed by
both parties.
ARTICLE 13. LAW AND VENUE
The laws of the Town of Estes Park, Larimer County, Colorado, shall govern this Agreement.
Any action arising out of or under this Agreement shall be brought in Larimer County, Colorado.
Signed:
__________________________
Date Signed: ________________
Date Signed: ________________
TOWN OF ESTES PARK PARKS ADVISORY BOARD
ARTWORK LOAN AGREEMENT
Please return to: Town of Estes Park, Parks Advisory Board, 170 MacGregor Ave., P.O. Box 1200, Estes Park, CO 80517
Artist name: __________________________________________________________________________________________________
Mailing Address: _____________________________________________________________________________________________
Phone number & e-mail address: ___________________________________________________________________________
Description of Artwork
Artwork #1 - Title: ___________________________________________________________________________________________
Medium: ___________________________________________ Price or Estimated Value: $ __________________
Dimensions (h-w-d): ______________________________ Weight: lbs. ___________________________________
Artwork #1 - Title: ___________________________________________________________________________________________
Medium: ___________________________________________ Price or Estimated Value: $ __________________
Dimensions (h-w-d): ______________________________ Weight: lbs. ___________________________________
Artwork #1 - Title: ___________________________________________________________________________________________
Medium: ___________________________________________ Price or Estimated Value: $ __________________
Dimensions (h-w-d): ______________________________ Weight: lbs. ___________________________________
I give the Town permission to photograph my art for temporary display on the Town’s website: Yes ___
No ___
Will hanging art require special installation or equipment other than regular wall hooks? Yes ___ No ___
Dates of exhibit are: _____________________________________________________
The artist understands and agrees to the terms and conditions contained in the Art In Public Places
Guidelines for Temporary Public Works of Art. Exhibits attached to or printed on the opposite side of this
agreement. The artist understands that any insurance payment that might be made will be based upon
an appraised value rather than a declared value. The artist also understands that the Town’s financial
liability is limited to not more than $3,000 per piece of art, in the event of total loss or theft of the
artwork. This constitutes the entire agreement between the parties.
Artist’s Signature & Date (Please print name after signature)
------ FOR PARKS ADVISORY BOARD USE ONLY -----
Document and Procedures: Location:
___ Signed Agreement ___ Town Hall ____ Other Location ____________________________________________________
___ Photograph of each piece for insurance (PAB) ___ Insurance information to Risk Management
TOWN OF ESTES PARK ART IN PUBLIC PLACES PROGRAM REQUEST FOR PROPOSALS
(______________________ project description_____________________)
Site Description
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
_____________________________.
Scope and Project Description
The Town of Estes Park Art In Public Places program enriches our community through public exposure to the
arts. The AIPP program weaves public art into the everyday experience of our community and creates lasting
impressions on those who experience it. It enhances our public spaces, compliments our award winning
seasonal floral displays, and makes Estes Park a visitor destination, not only for its natural beauty, but also for
its vibrant arts scene.
This public art project will be commissioned for (location description). The Town of Estes Park Parks Advisory
Board will utilize (outside funding source if any) and the AIPP Reserve Fund to (project description). The
artwork will serve as (purpose description). The scale of the art should be set according to the scale of the site.
The artist will be required to carry general liability insurance in the amount of $ (amount).
Eligibility
The project is open to any professional artist with demonstrated experience in creating signature artwork.
Selection Process
From this Call, al Artist may be selected directly from the initial applications or the artwork selection panel may
elect to interview a limited number of finalists from among the initial applications based upon their conceptual
drawings.
If multiple semi-finalists are selected, each semi-finalist will present a scaled maquette (sculpture
pieces), or scale rendering (non-sculpture pieces), for the panel’s review. Semi-finalists may be
required to develop more specific preliminary proposals prior to final selections. If so, a stipend will
be paid.
A detailed budget will be required of artists selected as semi-finalists. The detailed budget must
include all expenditures in connection with the execution of the project. (Prior to submitting a
proposal, it is recommended that artists prepare such a budget to ensure the project can be executed
as presented.)
One artist will ultimately be selected to develop their design, fabricate and install the artwork.
Artwork Selection Panel: Members of the Town of Estes Park Parks Advisory Board, one Public
Works representative, one representative of (outside funding source), one representative of the
Curatorial Support Services Provider, and three Estes Park citizens will serve as jurors for the
project.
ARTIST’S RENDERING OF PROJECT
Town staff will oversee operations and administer the decisions of the jury panel.
Submission Requirements
All applications must be submitted through the Town website to jimber@estes.org and must include:
a preliminary statement of approach for the project which communicates scope and scale
previous accomplishment(s) with public art pieces of similar appropriate scale as shown in five-ten
images of artwork completed within the past five years.
the Artist’s conceptual image for the site, which must communicate the scope and scale of the
submitted project: Maximum number of conceptual images: 3
3 professional references
Selection Criteria
The primary criteria for selection:
Scope of Proposal: Does the proposal show an understanding of the project objective, appropriate
scale and desired results? Does the artwork represent history/spirit of the Town?
Assigned Personnel: Do the person(s) working on the project have the necessary skills? Are
sufficient people of the requisite skills assigned to the project?
Availability: Can the work be completed in the contracted time and on-budget?
Timeline
All applications must be submitted through the Town website by (month, day, year).
Final completion date will be determined jointly by the Artist and the Parks Advisory Board; however, the
project must be started shortly after the contract has been awarded.
Budget
A maximum of $ (amount) has been allocated for the artwork to include all design, fabrication, insurance,
installation, travel, contingency and incidental costs. The Town of Estes Park reserves the right to withdraw
from the project prior to such time as a contract is formally entered into with the Artist. Contract pr ovisions
will apply subsequent to the agreement to such by both parties.
Submission and Contact Information
Jen Imber
Administrative Assistant
Public Works Department
170 MacGregor Ave.
P.O. Box 1200
Estes Park, CO 80517
(970) 577-3587
jimber@estes.org
TOWN OF ESTES PARK PARKS ADVISORY BOARD
ARTWORK DONATION FORM
Thank you for your interest in donating a work of art to the Town of Estes Park. Art in public places is a vital component t o the
beauty and quality of life in our community. Please complete the information below to facilitate a thorough review of the
proposed donation. In order to assure the highest standards, aesthetic consistency, and proper maintenance, the decision to
accept the donation rests with the Parks Advisory Board, and the PAB r eserves the right to move or remove the piece from the
permanent collection if that becomes necessary in the future. Please attach a photograph or detailed drawing of the sculptur e
to this form, plus documentation authenticating the purchase price or appraised value.
GENERAL INFORMATION
Donor name (Individual/Organization/Business):
Contact person (If different from above)
Mailing Address:
Phone number & e-mail address:
INFORMATION ABOUT THE ARTWORK
Title of the artwork:
Name of the artist:
Mailing address of artist:
Media or materials used in artwork:
Year completed: Purchase price: Current value:
Dimensions: Weight:
Long-term maintenance required:
Does donation include site preparation, installation costs, concrete pad or pedestal (if necessary, or does
it include monies for these items? Please describe:
The undersigned is the owner of the artwork, free of all liens and encumbrances, and has the right to
make this agreement.
The undersigned herby agrees to donate the above described art work, with the following additional
conditions (if any):
Donor Signature & Date (Please print name after signature)
Return to: Town of Estes Park, Attn: Parks Advisory Board, 170 MacGregor Ave., P.O. Box 1200, Estes
Park, CO 80517
Questions: Jan Imber (970)-577-3857 or jimber@estes.org