HomeMy WebLinkAboutPACKET Parks Advisory Board 2015-5-8
Parks Advisory Board Agenda
May 8th, 2015
11:00 AM – 12:00 PM
Engineering Conference Room
Estes Park Town Hall
170 MacGregor Ave
Current Members:
Ronna Boles
Celine Lebeau
Dewain Lockwood
Merle Moore
Chris Reed
Terry Rustin
Approval of April Minutes
Arbor Day 2015 update
Public Art Policy
Discussion and vote
on final Draft #8
Other Business
Adjourn
Chair Celine Lebeau
Chair Celine Lebeau
Parks Supervisor Brian Berg
Town of Estes Park, Larimer County, Colorado, April 24th, 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 24th day of April, 2015.
Present: Merle Moore
Ronna Boles
Celine Lebeau
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
Terry Rustin
Chair Lebeau called the meeting to order at 11:04 a.m.
GENERAL BUSINESS
It was moved and seconded (Lockwood/Moore) to approve the March 20th meeting
minutes and the motion passed unanimously.
Since the normal PAB meeting time in May falls on the date of the Arbor Day
Celebration at the elementary school, members decided to move the May meeting
forward to the 8th instead of the 15th. The meeting will take place on that date from 11am
in the Engineering Conference Room.
Ronna Boles suggested a “Life Tree” or something along those lines at the school in
memory of the students who have passed away recently. Brian Berg indicated the Town
would donate a tree if the school was supportive, with the school responsible for
obtaining a plaque. Ronna will talk to the school superintendent about the tree donation.
ARBOR DAY 2015
Chair Lebeau and Ronna Boles have been working on Arbor Day materials. Water
bottles have been ordered and a portion of the books have been delivered, with plaques
installed on the covers. Art contest entries have been received but have not been
narrowed down, so an email vote will be taken to determine winners. Pencils and
temporary tattoos will be ordered in addition to the water bottles for prizes. Ronna
worked to develop artwork to be placed on the water bottles with the slogan of “plant,
grow, breathe” printed on them. The event schedule will be finalized and invitations and
Parks Advisory Board – April 24th, 2015 – Page 2
a news release sent out in the next week. The Mayor will proclaim May the “Month of
the Tree” at the April 28th Town Board meeting.
PUBLIC ART POLICY AND ORDINANCE
Merle Moore addressed the attorney comments to the public art policy. Brian Berg
explained that issues came to light when the policy was reviewed by the Town attorney
and Administration had concerns about the policy becoming an ordinance versus a
policy, especially the funding portion of the program. The issues are administrative and
program format more so than substance. Administration is not keen to revise municipal
code and make the program an ordinance and would prefer to see it adopted as a Town
policy. Director Muhonen suggested some quick changes to bring the current document
in line with what Administration is looking for in the “funds for works of art” section, with
maintenance and capital being addressed through line items in the Parks budget. The
concern is obligating the Town Board to fund money each year for art work. PAB
members argued that the ordinance did not obligate the Board to a certain dollar
amount, only that a budget proposal would be brought forward by PAB and requested of
the Town Board.
Merle feels an ordinance is more concrete and a policy is not as solid. Ronna
questioned whether an ordinance or a policy gives PAB more authority in case of
backlash or public criticism. Celine expressed concern that Town was committing to an
art program and art in town, but the policy doesn’t ensure maintenance funds even for
existing art. Merle countered that the Town has demonstrated commitment to
maintenance by funding it each year so far. Merle held that every other town’s program
that was referred to as an example in creating Estes Park’s program is tied to an
ordinance, so Estes Park would be taking a very different approach. PAB would like
Merle to sit down with Administrator Lancaster and Director Muhonen to further discuss
the program. The timeframe on getting the final draft to the Town Board would be need
to be pushed back a bit, with PAB continuing discussion and voting on the final draft at
the May 8th meeting and taking it to the Town Board in May.
With no other business to discuss, a motion was made and seconded (Lockwood/Boles)
to adjourn the meeting at 12:05 pm, with all voting in favor.
ARBOR DAY PROGRAM
May 15, 2015
Estes Park Elementary School
Sponsored by the Town of Estes
and the Town of Estes Park-Parks Advisory Board
Participants: Elementary School Students , EP Mayor and Town Officials,
Parks Advisory Board, Colorado State Forest Service, Rocky Mountain
National Park, John Bryant (Elementary School Principal), School Board, and
district officials and teachers.
Program schedule for students: Colorado State Forest Service presentation
and Tree Cookie Contest winner announcements (each group meets in the
hallway outside classrooms)
8:20-8:40 am – Kindergarten/Pre-school class 1
9:00-9:20 am – Grade 2
9:30-9:50 am – Grade 3
10:05-10:25 am – Grade 4
Break/Lunch
12:45-1:05 pm – Grade 1/Pre-school class 2
1:15 – 1:35 pm – Grade 5
Assembly in school library and tree planting outdoors: 2:15-3:20 pm
Acknowledgements John Bryant, Principal
Introduction Céline LeBeau, Parks Advisory Board
Arbor Day Proclamation Mayor Bill Pinkham
Tree City Presentation Colorado State Forest Service & Mayor
Rocky Mountain National Park Rocky Mountain National Park
Presentation
Tree Planting (outdoors): Tree Cookie and Art contest winners,
Estes Park Public Works, guests & officials
Press Coverage: Provided by Trail Gazette and Estes Park News
PUBLIC WORKS Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Parks Advisory Board
Greg Muhonen PE, Public Works Director
Date: May 12, 2015
RE: Ordinance #08-15 Art in Public Places
Objective:
Creation of an ordinance and policy to establish procedures and criteria for adding
works of art to the Town of Estes Park public art collection.
Present Situation:
The Town of Estes Park Board of Trustees established a 2015 Objective to develop and
adopt a policy for accepting public art, memorials, and donations. The proposed
Ordinance and Policy are needed to guide decision-making associated with the
selection, acquisition, purchase, commissioning, placement, installation, and
maintenance of public works of art. The new citizen Parks Advisory Board (PAB),
established in May of 2014, has established this proposed Art in Public Places (AIPP)
Ordinance and Policy for the Town of Estes Park Board of Trustees to review and
adopt.
Proposal:
The attached Art in Public Places Ordinance #08-15 and Public Works Policy #880 are
offered to the Town of Estes Park Board of Trustees for review and adoption. The goal
is to establish an AIPP program.
Advantages:
• The proposed AIPP Ordinance and Policy provides consistent and clear
guidance for individuals desiring to donate art to the Town of Estes Park.
• The program facilitates the expansion of the Town art collection which weaves
public art into the everyday experience of our community and creates lasting
impressions to those who experience it.
• Public art 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.
• Publicly displayed art creates a sense of place and provides a unique town
identity.
• Public art offers educational opportunities.
Disadvantages:
• Additional art pieces in the collection require additional funding for purchase,
installation, and maintenance.
Action Recommended:
Parks Advisory Board and Town Staff recommend the Art in Public Places Ordinance
#08-15 be adopted by the Board of Trustees at the May 12, 2015 Town Board meeting.
A statement of support from the Board of Trustees for Public Works Policy #880 is also
requested.
Budget:
No budget action is requested at this time. Historically the Board has approved $5000
each year for the maintenance of our art collection (account line item Maintenance
Contracts / 101-5200-452-2501 / maintenance and cleaning sculptures). The PAB
desires to request additional funds each year for the purchase and installation of new
works of art. This will be addressed during the annual budget process.
Added budget would be decided by the board of Trustees for purchase, cost of placing,
and added maintenance.
Level of Public Interest
Medium. The addition and placement of public works of art is of high interest to
members of the arts community.
Sample Motion:
I move for the approval/denial of the Art in Public Places Ordinance #08-15.
Attachments:
Ordinance #08-15 Art in Public Places
Public Works Policy #880 Art in Public Places
ORDINANCE NO. 08-15
AN ORDINANCE FOR ART IN PUBLIC PLACES
WHEREAS, the Board of Trustees has determined the need for an Art in Public
Places Ordinance and Policy; and
WHEREAS, the Ordinance and Public Works Policy #880 address issues and
processes including selection, acquisition, purchase, commissioning, placement,
installation, and maintenance of public works of art; and
WHEREAS, the Bylaws of the Parks Advisory Board (PAB) assign responsibility
to the PAB for the establishment and implementation of a Public Art Policy.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO as follows:
SECTION 1: The Municipal Code of the Town of Estes Park is hereby amended
with the addition of the following chapter, 12.30 Art in Public Places
Sec. 12.30.010 Purpose
The purpose of this chapter is to establish an Art In Public Places (AIPP)
program under the auspices of the Parks Advisory Board (PAB) of the
Town of Estes Park; 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, to provide criteria for the acceptance of donated
art for public display; and to provide for the maintenance and repair of the
works of art in the collection.
Sec. 12.30.020 Funds for works of art
The Town Board may allocate in its annual General Fund Budget, funds
for an Art In Public Places program. The funds shall be placed in the
Public Works Parks Division maintenance and capital accounts for the
AIPP program. Funds in the AIPP accounts may come from the Town’s
annual Budget, grants and donations. All funds designated or donated for
acquisition of works of art shall be paid into the specified maintenance or
capital accounts. Any excess or unexpended funds in the AIPP accounts
shall carry forward in the accounts at the end of each fiscal year. Funds
deposited in the AIPP accounts 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.
Sec. 12.30.030 Administration
Responsibility for administration of the AIPP program shall rest with the
Public Works Department with advice from the PAB and curatorial
support from a Curatorial Support Services Provider. The PAB shall
establish and from time-to- time amend, with Town Board approval, criteria
and guidelines governing the selection, acquisition including donations,
purchase, acceptance, commissioning, placement, installation,
maintenance and de-accessioning of works of art. Final decisions about
the acquisition of artwork, and site selection for that artwork rests with the
Town’s Board of Trustees or their designees. The recommendations of
the PAB shall be considered by the Board of Trustees in making those
decisions.
Sec. 12.30.040 Ownership
All permanent works of art acquired pursuant to this ordinance, with the
exception of art loaned to the town, shall be acquired in the name of, and
title shall be held by, the Town of Estes Park.
Sec. 12.30.050 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.
SECTION 2: This Ordinance shall take effect and be enforced thirty (30) days
after its adoption and publication.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK, COLORADO, THIS ______ DAY OF ___________, 2015.
TOWN OF ESTES PARK
By: _________________________
Mayor
ATTEST:
_________________________
Town Clerk
I hereby certify that the above Ordinance was introduced and read at a meeting of the
Board of Trustees on the ______ day of ____________, 2015, and published in a
newspaper of general circulation in the Town of Estes Park, Colorado on the _____ day
of _______________, 2015.
_________________________________
Town Clerk
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Effective Period:
Review Schedule:
Effective Date:
References:
PUBLIC WORKS
880
Art in Public Places
1. PURPOSE
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 of Trustees. The Guidelines describe a 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. All Art In Public Places must
conform to and be consistent with all Town codes and regulations.
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, mosa ics, 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 between the Town and Estes Park
residents, guests, businesses, organizations (Cultural Arts Council of Estes Park, Art
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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 un ique 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.
2. POLICY
Town Ordinance _____(#)________ establishes the Art In Public Places program under
the auspices of the Parks Advisory Board of the Town of Estes Park
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TABLE OF CONTENTS
1. PURPOSE ....................................................................................................................................................... 1
2. POLICY............................................................................................................................................................ 2
3. PROCEDURE ................................................................................................................................................. 5
a. ADMINISTRATION AND CURATORIAL SUPPORT.................................................................... 5
i. Parks Advisory Board (PAB)........................................................................................................................ 5
ii. Curatorial Support Services Provider ...................................................................................................... 5
b. GUIDELINES ......................................................................................................................................... 5
c. FUNDS FOR WORKS OF ART ........................................................................................................... 6
i. Reserve Account Established ...................................................................................................................... 6
d. DEFINITIONS ....................................................................................................................................... 7
e. SELECTING WORKS OF ART ........................................................................................................... 8
i. Direct Purchase ................................................................................................................................................. 8
ii. Open Competitions .......................................................................................................................................... 9
f. DISPLAY OF ART IN PUBLIC SPACES ........................................................................................ 10
g. OWNERSHIP OF WORKS OF ART ............................................................................................... 10
i. Exemptions Of Ownership Of Works of Art ........................................................................................ 10
h. ACQUISITION OF WORKS OF ART ............................................................................................. 11
i. TEMPORARY PUBLIC WORKS OF ART ..................................................................................... 11
j. ARTIST SELECTION CRITERIA .................................................................................................... 12
k. SITE SELECTION FOR WORKS OF ART ..................................................................................... 12
i. Display Standards ......................................................................................................................................... 12
ii. Town Department Input ............................................................................................................................. 13
l. POST-SELECTION PROCESS ......................................................................................................... 13
i. Contracts........................................................................................................................................................... 14
m. DONATING A WORK OF ART ....................................................................................................... 14
i. Background And Definitions ..................................................................................................................... 14
ii. Process For Consideration ......................................................................................................................... 14
iii. Review Considerations ............................................................................................................................... 15
n. DE-ACCESSIONING A WORK OF ART ........................................................................................ 15
i. Basis For De-Accessioning ......................................................................................................................... 15
ii. Process/Disposition ..................................................................................................................................... 16
o. MAINTENANCE GUIDELINES FOR WORKS OF ART .............................................................. 16
i. Goal ..................................................................................................................................................................... 16
ii. Definitions ........................................................................................................................................................ 16
iii. Process .............................................................................................................................................................. 17
iv. Implementation ............................................................................................................................................. 19
p. PLACEMENT OF WORKS OF ART IN THE PUBLIC RIGHT OF WAY (ROW) ................... 19
i. Goal ..................................................................................................................................................................... 19
ii. Installations Adjoining The ROW ............................................................................................................ 20
iii. Installations Within The ROW ................................................................................................................. 20
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APPENDIX 1 - FORMS ...................................................................................................................................... 23
a. Contract for Commission of Artwork ...................................................................................... 23
b. Artwork Donation Form .............................................................................................................. 30
c. Artwork Loan Agreement ............................................................................................................ 32
d. Request for Proposals ................................................................................................................... 34
e. Curatorial Support Services Provider Agreement .............................................................. 37
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3. PROCEDURE
a. ADMINISTRATION AND CURATORIAL SUPPORT
i. Parks Advisory Board (PAB)
Administration of the AIPP program shall rest with the Public Works Department
with advice from the PAB and curatorial support from a Curatorial Support
Services Provider. 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 (including donations), purchase,
commissioning, placement, installation, and maintenance of public works of art.
Final decisions about the acquisition of artwork and site selection for that artwork
rests with the Town Board of Trustees or their designees. The recommendations
of the PAB shall be considered by the Board of Trustees in making those
decisions.
Recommendations for selection and placement of works of art sha ll be prepared
in consultation with representatives of 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.
ii. 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. (see “Exhibit E” in
the Appendix)
The curatorial support services provider shall maintain a detailed record of all art
in public places, including, but not lim ited 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, subject to Town approval.
b. GUIDELINES
The Parks Advisory Board shall adopt guidelines:
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1. To identify suitable works of art for the Town collection.
2. To facilitate the preservation of works of art that may be displayed in public
places.
3. To prescribe a method or methods for competitive selection of works of art for
display.
4. To prescribe procedures for the selection, acquisition (including the
acceptance of donated works of art), and display of works of art in public
places.
5. To set forth any other matter appropriate to the administration of the AIPP
program.
c. FUNDS FOR WORKS OF ART
1. The Town Board may allocate in its annual Budget, funds for an Art In Public
Places program. The funds placed in the accounts for the AIPP program 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 may, at its discretion, accept
responsibility for funding the transport, site preparation and installation of the
piece.
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.
4. 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.
i. Reserve Account Established
Maintenance and capital accounts for the Art In Public Places program have
been established within the Public Works Parks Division annual budget. Funds
deposited in the AIPP accounts 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 accounts may come from the Town’s annual Budget, grants
and donations. All funds set aside or donated for works of art shall be paid into
these accounts. Any excess or unexpended funds in the AIPP reserve account
shall carry forward in this account at the end of each fiscal year. Any funds
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generated from the de-accessioning of any works of art shall remain in the
reserve account.
d. 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 be used for acquiring or funding:
works deemed, by the PAB, to be appropriate 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:
o Paintings of all media, including both portable and permanently affixed
works such as frescoes and murals;
o Sculpture of any form and in any material or c ombination of materials.
This includes statues, monuments, fountains, arches, or other
structures intended for ornamentation or commemoration;
o Crafts and folk art works in clay, fiber, textiles, glass, wood, metal,
mosaics, plastics, and other materials;
o Kinetic and/or interactive sculptures; or
o 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.
o “Site” refers to a specific location being considered for or currently
displaying a work of art.
o “Project” means an existing plan or proposal where installation of a
work of art may be under consideration.
o “Mass Produced” means a work of art that has been reproduced for
mass distribution.
o “Curatorial Support Services Provider” means that entity or
organization selected by the Town to provide, subject to annual
budgetary limits approved by the Town Board of Trustees, 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.
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o “Mural” means any work of visual art painted or applied directly on a
wall, ceiling or other large permanent surface
o “Guidelines” means that document prepared, and periodically reviewed
o and updated by The Parks Advisory Board and approved by the Town
Board.
e. SELECTING WORKS OF ART
In performing its duties with respect to AIPP program, the Town 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
historical 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.
H. Ongoing maintenance expenses of the work of art.
I. Safety and risk impacts to the Town, guests and general public assoc iated
with the work of art. (approval of the Town Risk Manager and CIRSA required
prior to acceptance or installation of any work of art)
Selection of a work of art may be Town 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.
i. Direct Purchase
The Town may purchase existing artwork from an artist/owner in unique
circumstances (e.g. when the price presents an economic advanta ge) or to meet
one of the AIPP program goals. The PAB, with Town approval, may approach an
artist or an artist may approach the PAB.
Artists who have a finished work of art that they wish the Town to consider for
purchase should submit the following to the PAB:
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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 the
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 and/or the Town 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.
ii. Open Competitions
Competitions are open to artists within the geographic limits and other
specifications set by the Town (which varies from competition to competition).
The Town strives to maintain balance between competitions involving local artists
only and artists from a larger area. The Town process for typical competitions is
as follows.
1. The Town 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 Town 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 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
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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.
f. 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 a pproval of the Town
Board. None shall be removed, altered or changed without the prior review
and approval of the Town Board, unless necessary for repair, temporary
relocation or for the safety of the general public.
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 between 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 involved in the creation, acquisition, placement, and display of art
work whenever feasible.
g. OWNERSHIP OF WORKS OF ART
All permanent works of art acquired pursuant to these guidelines, with the exception
of art loaned to the town, shall be acquired in the name of and title shall be held by
the Town of Estes Park.
i. Exemptions Of Ownership Of Works of Art
The following are exempt from the provisions of these guidelines:
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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.
h. ACQUISITION OF WORKS OF ART
Public art may be acquired through commissioning a site-specific work (see “Exhibit
D” in the Appendix), direct purchase (see “Exhibit A” in the Appendix), or donation of
a work of art (see “Exhibit B” in the Appendix).
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 Town of Estes Park AIPP program 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 AIPP.
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 poli cies 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 publ ic art
purposes.
i. TEMPORARY PUBLIC WORKS OF ART
The PAB may, at its discretion, recommend to the Town Board 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.
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
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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 (see “Exhibit C” in the Appendix), 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.
j. ARTIST SELECTION CRITERIA
When evaluating the possibility of working with a particular artist, 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.
k. SITE SELECTION FOR WORKS OF ART
The PAB is charged with recommending to the Town sites for purchased or donated
artwork. The PAB generally considers the following criteria in matching an artwork
with a display site.
i. 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 expression of the
artist’s concept.
7. Representation of a broad variety of tastes within the community 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.
11. Site conditions/constraints: existing landscaping, site furnishings, water
for irrigation, drainage, grading, electrical source for lighting, and other
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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.
ii. 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 shall solicit inpu t from relevant Town
departments. Relevant departments will typically be 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.), 3) town risk management staff.
The PAB will, through the staff liaison to the PAB, 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 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.
l. POST-SELECTION PROCESS
Once a site has been selected, an installation plan will be develope d by the Town
and the host department, 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 components; (2) site development, including la ndscaping and irrigation
system installation or modification; and (3) an identification plaque.
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i. 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.
m. DONATING A WORK OF ART
i. Background And Definitions
The Town of Estes Park’s collection 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 Town, with advice from the PAB, accepts only those works that will, in its
discretion, further the overall goals of the AIPP program.
ii. Process For Consideration
The Town requests that individuals or entities interested in donating a work of art
follow these steps.
1. Submit a complete official donation application. 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 side s
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 biograp hy; 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
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any vandalism may be mitigated; it should be authored by a qualified
conservator or the artist.
7. The PAB and/or the Town 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 recommend to the Town to accept or decline or to table an offer.
iii. 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.
n. 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.
i. Basis For De-Accessioning
The Town 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 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.
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 Town, in its discretion.
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ii. 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 recommended to be de -
accessioned. In addition, the Town reserves the right to de -accession a work of
art at any time deemed appropriate.
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.
Nothing in this section precludes the Town from immediately removing or
modifying any piece of art due to safety or maintenance concerns, or temporarily
to protect the work of art during any public or private improvements or
construction. Any work of art removed by the Town is subject to the de-
accession process described in these guidelines, if it cannot be replaced,
relocated or repaired.
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.
o. MAINTENANCE GUIDELINES FOR WORKS OF ART
i. 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 Maintenance guidelines will be implemented on a piece-specific
basis that recognizes the value of each work of art in the collection.
ii. Definitions
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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 the work of art is
installed or financed, either wholly or in part, wit h 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. Th e 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.
iii. 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 doc umentation and
maintenance recommendations alone will not be used to specifically
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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 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 e ach 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 PA B 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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iv. 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 wor k
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. T herefore 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.
p. PLACEMENT OF WORKS OF ART IN THE PUBLIC RIGHT OF WAY (ROW)
i. Goal
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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.
ii. 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
installation.
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.
iii. 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.
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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.
Approved:
_____________________________
Frank Lancaster, Town Administrator
_____________
Date
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APPENDIX 1 - FORMS
a. Contract for Commission of Artwork
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 sele cted 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 o f the Parks
Advisory Board.
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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 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.
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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, 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 wil l 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.
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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 compli ance
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 Art icle 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.
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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.
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.
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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 th is
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,
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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 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: ________________
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b. Artwork Donation Form
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 to 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 reserves 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 sculpture 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:
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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: Jen Imber (970)-577-3857 or jimber@estes.org
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c. Artwork Loan Agreement
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 #2 - Title:
______________________________________________________________________
Medium: ___________________________________________
Price or Estimated Value: $ _______________
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Dimensions (h-w-d): ______________________________
Weight: lbs. _______________________________
Artwork #3 - 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
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d. Request for Proposals
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, an 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.
ARTIST’S RENDERING OF PROJECT
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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.
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
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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
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e. Curatorial Support Services Provider Agreement
TOWN OF ESTES PARK, PARKS ADVISORY BOARD
CURATORIAL SUPPORT SERVICES PROVIDER AGREEMENT
Please return to:
Town of Estes Park
Parks Advisory Board
170 MacGregor Ave.
P.O. Box 1200
Estes Park, CO 80517
Name of Organization:
______________________________________________________________________
Mailing Address:
______________________________________________________________________
Contact Person:
______________________________________________________________________
Phone number & e-mail address:
______________________________________________________________________
Description of Services
The curatorial support services provider shall maintain a detailed record of all art in
public places in the Town of Estes Park Collection to include but not limited to:
1. Accession Number
2. Title of The Art Work
3. Name and Contact Information For The Artist
4. Name and Contact Information For Donor of Art Work (if donated)
5. Cost of Art Work
6. Date of Installation of Art Work
7. Photographs of Art Works (from multiple angles for three dimensional pieces)
8. Photographs of Plaques Associated With Art Work
9. GPS Coordinates For Location of Art Work
10. Design Renderings
11. Site Drawings/Photographs (including landscaping elements)
12. Names and Contact Information For Architects Where Applicable
13. Maintenance Requirements, Schedules and Documentation
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14. List and Contact Information for Qualified Maintenance Providers
15. Any Other Record Requested By The Parks Advisory Board
The Curatorial Support Services Provider shall be reimbursed for actual expenses
incurred as expenses of curatorial support subject to annual budgetary limits approved
by the Town Board of Trustees.
The Curatorial Support Services Provider shall serve as an ex-officio and non-voting
member of the Parks Advisory Board. They shall perform such duties as defined above
and as set forth in the Art In Public Places Guidelines.
__________________________________________________________________
Curatorial Support Services Provider’s Signature & Date
(Please print name after signature)