HomeMy WebLinkAboutPACKET Parks Advisory Board 2019-8-15Patrick Martchink, Town Board Trustee Liaison
Brian Berg, Estes Park Public Works Staff Liaison
Parks Advisory Board Agenda
August 15, 2019
8:30 AM – 10:00 AM
Museum Conference Room
Estes Park Museum
200 4th Street
Current Members:
Geoffrey Elliot (12/31/19)
Dewain Lockwood (12/31/21)
Vicki Papineau (12/31/21)
Rex Poggenpohl (12/31/19)
Ron Wilcocks (12/31/21)
Merle Moore (12/31/20)
Wade Johnston (12/31/20)
Public Comment
Estes Arts District
Estes Park Noxious Weed Ordinance - Advisory
Approval of July Meeting Minutes
Mrs. Walsh’s Garden Committee Update
AIPP Guidelines Review
AIPP Funding Research
Other Business
Adjourn
Current Projects:
• Tree Ordinance
• Noxious Weeds Ordinance
• Arboretum
• Town Hall Art Exhibit
• AIPP Funding
EAD Representative
Casey Cisneros, Larimer County Representative
Chair Merle Moore
Chair Merle Moore
Chair Merle Moore
Member Rex Poggenpohl
Chair Merle Moore
Town of Estes Park, Larimer County, Colorado, July 18, 2019
Minutes of a regular meeting of the Parks Advisory Board of the Town of Estes Park,
Larimer County, Colorado. Meeting held in the Museum Conference Room of the Estes
Park Museum on the 18th day of July, 2019.
Present Merle Moore
Vicki Papineau
Ron Wilcocks
Rex Poggenpohl
Geoffrey Elliot
Also
Present: Brian Berg, Parks Supervisor
Megan Van Hoozer, Public Works Administrative Assistant
Patrick Martchink, Town Board Liaison
Absent: Dewain Lockwood
Wade Johnston
Chair Merle Moore called the meeting to order at 8:32 a.m.
PUBLIC COMMENT
Estes Arts District - Supervisor Berg attended the Friends of Folks stating it was very
well-attended, with 75% of the attendees being local residents.
GENERAL BUSINESS
A motion was made and seconded (Papineau/Wilcocks) to approve the June meeting
minutes and all were in favor.
MRS WALSH’S GARDEN COMMITTEE UPDATE
Chair Moore reported that the Open Garden Party held on June 20 was very successful.
There were approximately 40 individuals in attendance. In August the committee will try
another event with Merle and one other member of the committee available to answer
questions on native plants, etc. Moore will provide the details to Berg for inclusion in the
newspaper.
A kiosk has been ordered and is to be installed at Mrs. Walsh’s Garden for informational
purposes. Committee member, Joan Sapp has approved the rocks for the rock work
being installed. Progress on this work is slow but steady.
NOXIOUS WEED ORDINANCE DISCUSSION
Member Papineau and Chair Moore met with the mayor on July 16 to discuss concerns
associated to the presented ordinance. Mayor Jirsa’s concerns involved neighbors
calling in neighbors regarding non-compliance with the ordinance. Papineau stated it’s
quite comparable to the ordinance regarding pine beetles and stated the existing
ordinance allows up to a $2,500 fine. Lieutenant Rick Life and the newly assigned
compliance officer were in attendance as well.
Parks Advisory Board – July 18, 2019 – Page 2
The new Town Attorney will review the ordinance language and provide feedback,
although his first thought was that it’s a bit lengthy. The mayor would like to encourage
more education rather than more enforcement.
The Town pays for the weed roundup, will the Estes Land Stewardship Association
(ELSA) reimbursing the town for disposal of the weeds collected. The mayor feels 100%
of the funding for these events should reside in the Parks Division budget.
AIPP GUIDELINES REVIEW
PAB members were not prepared to discuss the Art In Public Places (AIPP) Guidelines
at today’s meeting. The discussion has been tabled for the regularly scheduled August
PAB meeting.
AIPP FUNDING RESEARCH
Chair Moore and Member Poggenpohl met with the Town’s Grant Specialist, Christy
Crosser to gain information on grants for public art. Crosser suggested the creation of a
Master Plan for art, as well as strengthening partnerships with other community art
groups. Member Wilcocks recommend collaborating with the Estes Arts District (EAD)
for art master planning and went on to list a variety of other local partnerships.
Poggenpohl stated that we currently have member of the EAD on the PAB yet there’s
no active collaboration. Papineau suggested the development of a chart to show the
existing partnerships.
It was determined critical to utilize the adopted Estes Park Downtown Plan (DP) to aid in
the development of an ‘Art Master Plan’. Wilcocks volunteered to discuss the thoughts
and plans of the DP with the EAD. Trustee Liaison Martchink feels that an Art Master
Plan would be an extremely valuable resource, stating approval of a resolution of
support, along with the required local match amounts, from the Town Board would be
required. There may be potential for a contribution from the EAD or other art
organizations.
Chair Moore stated there is a need for help from the EAD, potentially creating an art
advisory committee, to advise the PAB on the appropriate maintenance and care of the
existing art inventory.
Both the allocation percentages and the types of projects to target need identified and
put on paper. Poggenpohl stated that the Town needs to spend money and show
support for local art. The PAB, in its entirety, support proceeding with AIPP Funding by
documenting and presenting a plan for review.
PARKS UPDATES
Berg distributed the Estes Valley Code Compliance sheet for review and reference by
PAB members.
Berg reached out to the artist that was quoted in the paper stating they were not
permitted to autograph their art. The artist simply misread the contract. Berg contacted
the artist and all has been straightened out. The artist has autographed her artwork.
Papineau asked Berg if there is any type of brochure on the new sensory garden to help
the Visitor Center Ambassadors direct residents and guests. Berg stated there have
been no discussions on the creation of handouts. Papineau also stated that it would be
Parks Advisory Board – July 18, 2019 – Page 3
helpful to have ‘golf pencils’ as handouts. Bert will look into these ideas further as the
garden gets more well-established. Parks staff is still working out some kinks but Berg
will discuss more with his team.
Berg updated that the loose rocks and seating at Wiest have been corrected.
The Parks Division hired an intern to perform GPS locating of all trees, benches, art,
irrigation, etc. The same intern will be performing the same duties for the Streets
Division. Once all GPS locating is complete there will be a layer created for Arcmap
which will be linked with the Parks and Streets Division webpages.
OTHER BUSINESS
Member Wilcocks complimented the planting of specific trees in town, highlighting the
oak trees and the Rocky Mountain Maple trees. He stated they’re beautiful and
encouraged the continued planting of these trees in the downtown area. Berg has trials
around town and will take this suggestion into consideration for future plantings.
With no other business to discuss, the meeting was adjourned at 10:04 a.m.
Recording Secretary
Megan Van Hoozer, Public Works
Page 1
ART IN PUBLIC PLACES
GUIDELINES
TOWN OF ESTES PARK, COLORADO
Revised on November 22, 2018
Page 2
Table of Contents
ACKNOWLEDGMENTS ..............................................................................................................................................................4
INTRODUCTION .............................................................................................................................................................................5
TOWN ORDINANCE ......................................................................................................................................................................6
DEFINITIONS ....................................................................................................................................................................................6
FUNDS FOR WORKS OF ART ..................................................................................................................................................7
Reserve Account Established .............................................................................................................................. 8
ADMINISTRATION AND CURATORIAL SUPPORT ...................................................................................................8
Parks Advisory Board (PAB) .............................................................................................................................. 8
Curatorial Support Services Provider .................................................................................................................. 9
GUIDELINES .....................................................................................................................................................................................9
SELECTING WORKS OF ART .................................................................................................................................................9
Direct Purchase ................................................................................................................................................. 10
Open Competitions ............................................................................................................................................ 11
DISPLAY OF ART IN PUBLIC SPACES ........................................................................................................................... 11
OWNERSHIP OF WORKS OF ART .................................................................................................................................... 12
Exemptions of Ownership of Works of Art ...................................................................................................... 12
ACQUISITION OF WORKS OF ART ................................................................................................................................. 13
TEMPORARY PUBLIC WORKS OF ART ....................................................................................................................... 13
ARTIST SELECTION CRITERIA......................................................................................................................................... 14
SITE SELECTION FOR WORKS OF ART ....................................................................................................................... 14
Display Standards .............................................................................................................................................. 14
Town Department Input .................................................................................................................................... 15
POST-SELECTION PROCESS ............................................................................................................................................... 16
Contracts............................................................................................................................................................ 16
Public Disclosure............................................................................................................................................... 16
DONATING A WORK OF ART .............................................................................................................................................. 16
Background and Definitions............................................................................................................................ 166
Process for Consideration.................................................................................................................................. 17
Review Considerations ...................................................................................................................................... 17
DE-ACCESSIONING A WORK OF ART ........................................................................................................................... 18
Basis for De-Accessioning ................................................................................................................................ 18
Process/Disposition ........................................................................................................................................... 19
MAINTENANCE GUIDELINES FOR WORKS OF ART ........................................................................................... 19
Goal ................................................................................................................................................................... 19
Definitions ......................................................................................................................................................... 20
Process ............................................................................................................................................................... 20
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Implementation.................................................................................................................................................. 22
PLACEMENT OF WORKS OF ART IN THE PUBLIC RIGHT OF WAY (ROW) ......................................... 23
Goal ................................................................................................................................................................... 23
Installations Adjoining the ROW ...................................................................................................................... 23
Installations within the ROW ............................................................................................................................ 24
APPENDIX ......................................................................................................................................................................... 25
CONTRACT FOR COMMISSION OF ARTWORK ....................................................................................... 25
ARTWORK DONATION FORM .................................................................................................................... 31
ARTWORK LOAN AGREEMENT ................................................................................................................. 33
REQUEST FOR PROPOSALS ........................................................................................................................ 34
UTILITY BOX ART ......................................................................................................................................... 37
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ACKNOWLEDGMENTS
The Estes Park Parks Advisory Board would like thank the following, and acknowledge their
valuable input to development of these guidelines.
City of Loveland, Colorado, Visual Arts Commission
City of Fort Collins, Art In Public Places Program
Town of Vail, Art In Public Places Strategic Plan
Greeley Art Commission and City of Greeley, Colorado, Art Master Plan
City of Grand Junction, Colorado, Art In Public Places Program
Executive Director of the Estes Park Museum
Executive Director of the Cultural Arts Council of Estes Park
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INTRODUCTION
These Guidelines for an Art In Public Places (AIPP) program of the Town of Estes Park
(Town), were developed by the Estes Park Parks Advisory Board (PAB) at the request of
the Town Board. They describe the process and criteria to be used when evaluating
potential public works of art and projects. The guidelines also detail the administration
of the Art In Public Places program.
Following is a definition of public art as it applies to the Estes Park program.
In its broadest sense, public art is any original creation of visual art that is:
Acquired with public monies,
Acquired with a combination of public/private funding,
Acquired by donation or on loan to the Town’s Art In Public Places program or
Privately sponsored artwork that is located on publically owned land, easements, or
on publicly owned equipment.
Examples of public art include, but are not limited to:
Sculpture of any form and in any material or combination of materials to include
statues, monuments, fountains, arches, or other structures intended for
ornamentation or commemoration;
Paintings of all media, including both portable and permanently affixed works such
as frescoes and murals;
Crafts and folk art works in clay, fiber, textiles, glass, wood, metal, mosaics,
plastics and other materials;
Kinetic and/or interactive sculptures;
Site-integrated artwork created by landscape designers and artists which may
include landscapes and earth-works, integration of natural and human-made
materials, and other functional art pieces. Examples of site-integrated works may
include building features, paving materials, gates, and street furniture.
Painted or wrapped utility equipment boxes (e.g. transformers, switches)
The AIPP program enriches our community through public exposure to the arts. The
program is achieved through a collaboration of Estes Park residents, businesses,
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organizations, art community, and Estes Park K-12 school programs to develop a diverse
art collection that creates a sense of place, provides a unique town identity, offers
educational opportunities and serves as an economic driver.
The AIPP program weaves public art into the everyday experience of our community and
creates lasting impressions on those who experience it. It enhances our public spaces,
compliments our award winning seasonal floral displays, and makes Estes Park a visitor
destination, not only for its natural beauty, but also for its vibrant arts scene.
TOWN ORDINANCE
Town Ordinance No. 08-15 establishes the Art In Public Places program under the auspices of
the Parks Advisory Board of the Town of Estes Park.
DEFINITIONS
Art In Public Places means any visual work of art displayed for two weeks or more in
an open town-owned area, on the exterior of any Town-owned facility, inside any Town-
owned facility in areas designated as public areas, or on non -Town property if the work
of art is installed or financed, either wholly or in part, with Town funds or grants
procured by the Town.
Curatorial Support Services Provider means the individual, entity or organization if
selected by the PAB to provide recommendations for installation and maintenance of the
various types of art in the collection.
Guidelines means this document prepared, and annually reviewed and updated by the
Parks Advisory Board.
Mass Produced means a work of art that has been reproduced for mass distribution.
Mural means any work of visual art painted or applied directly on a wall, ceiling or other
large permanent surface. Murals include no picture, symbol or device of any kind that
relates to a commercial business, product or service offered on the premises where the
mural is located.
Parks Advisory Board (PAB) refers to the Board created in Resolution No. 12-14 of the
Municipal Code.
Patron means a person who gives financial or other support to an organization, cause or
activity.
Project means an existing plan or proposal where installation of a work of art may be
under consideration.
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Reserve account means the AIPP reserve account defined by these guidelines. The
AIPP reserve account shall not be used for acquiring or funding: 1) reproductions or
unlimited editions of original work; 2) objects that are mass produced; 3) architectural
rehabilitation or historical preservation; or 4) other works deemed, by the PAB, to be
inappropriate for the Town’s collection.
Site refers to a specific location being considered for or currently displaying a work of
art.
Town Board refers to the elected officials serving as Trustees of the Town.
Work of art means all forms of original creations of visual art, including but not limited
to:
Paintings of all media, including both portable and permanently affixed works such as
frescoes and murals;
Sculptures of any form and in any material or combination of materials. This includes
statues, monuments, fountains, arches, or other structures intended for ornamentation
or commemoration;
Crafts and folk art works in clay, fiber, textiles, glass, wood, metal, mosaics, p lastics,
and other materials;
Kinetic and/or interactive sculptures;
Site-integrated artwork created by landscape designers and artists to include
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.
FUNDS FOR WORKS OF ART
A. 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 reserve account for the AIPP
program and may be expended as defined in these guidelines under “Reserve Account
Established” below.
B. Patrons may donate a piece of art to the Town of Estes Park for the AIPP program. In
accepting a donation, the Town expects that funds for the transport, site preparation and
installation of the piece will accompany the donation. The funds shall be placed in the
reserve account for the AIPP program and may be expended as defined in these
guidelines under “Reserve Account Established” below.
C. 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
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for the AIPP program and may be expended as defined in these guidelines under
“Reserve Account Established” below.
D. 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.
E. Patrons may sponsor the decoration of utility boxes as a donation to the Town. These
projects will be fully funded by the patron with no funds other than the base fee going to
the Town. These projects will meet established guidelines and be subject to approval
before acceptance.
Reserve Account Established
A reserve account for the Art In Public Places program may be established. Funds deposited in
the reserve account may only be expended for the acquisition, installation, maintenance and
repair of works of art, costs associated with de-accessioning works of art, and expenses of
administration of the AIPP program. Funds in the AIPP reserve account may come from the
Town’s annual General Fund Budget, grants and donations. All funds set aside or donated for
works of art shall be paid into the reserve account. Any excess or unexpended funds in the
AIPP reserve account shall carry forward in this account at the end of each fiscal year.
Funds in the AIPP reserve account shall not be used for: 1) purchasing reproductions or
unlimited editions of original work; 2) purchasing objects that are mass produced; 3)
architectural rehabilitation or historical preservation; or 4) other works deemed inappropriate
for the collection.
ADMINISTRATION AND CURATORIAL SUPPORT
Parks Advisory Board (PAB)
Administration of the AIPP program is the responsibility of the Parks Advisory Board with
administrative support from the Public Works Department. The PAB shall consist of members
living in the Estes Valley School District asas set forth in the PAB By-Laws.
The PAB shall establish and amend, with Town Board approval, criteria and guidelines
governing the selection, acquisition, purchase, commissioning, placement, installation, and
maintenance of public works of art. Selection and placement of works of art shall be in
conjunction with representatives of the Town Board and the Town department having
responsibility for maintenance of the work of art.
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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 require prior approval of the department head responsible for such
operation or maintenance.
Curatorial Support Services Provider
A representative of the curatorial support services provider may 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. The curatorial support services provider may be reimbursed for actual
expenses incurred for curatorial support.
The Town Clerk shall maintain a detailed record of all art in public places, including but not
limited to accession numbers, site drawings, photographs, designs, names of artists, and names
of architects whenever feasible.
GUIDELINES
The Parks Advisory Board shall adopt guidelines:
A. To identify suitable works of art for the Town collection;
B. To facilitate the preservation of works of art that may be displayed in public places;
C. To prescribe a method or methods for competitive selection of works of art for display;
D. To prescribe procedures for the selection, acquisition and display of works of art in
public places;
E. To set forth any other matter appropriate to the administration of the AIPP program;
To recommend approval of patron commissioned art on utility boxes to the Town Board
SELECTING WORKS OF ART
In performing its duties with respect to AIPP program, the PAB will strive to integrate the
creative work of artists into public projects to thereby increase our residents’ and visitors’
experience and improve the economic vitality of the Town through the enhancement of public
spaces in general and the pedestrian landscape in particular. In doi ng so, special attention shall
be given to the following:
A. Conceptual compatibility of the design with the immediate environment of the site;
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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.
Selection of a work of art may be PAB or otherwise initiated. These guidelines apply in both
instances. Additional guidelines apply to donations of works of art and they may be found in
other sections of this document.
Direct Purchase
The PAB may purchase existing artwork from an artist/owner in unique circumstances (e.g.
when the price presents an economic advantage) or to meet one of the AIPP program goals.
The PAB may approach an artist or an artist may approach the PAB.
Artists who have a finished work of art that they wish the PAB to consider for purchase should
submit the following to the PAB:
1. A proposal sheet with the artist’s name, title of the artwork, dimensions, medium, date
produced, price, location, number of reproductions, restrictions on reproduction, and
other information the artist deems pertinent;
2. A resume and references;
3. A maquette and/or images or the actual work for review. (Images may be provided
electronically or by hard copy and should show all sides, providing the proper scale of the
work);
4. A cover letter explaining why the work should be added to the Town’s public art
collection;
5. A conservation assessment describing the artwork’s condition, along with a maintenance
plan. (The plan should include an explanation of the expected life span of the work while
placed in a public environment, specifying the type of environment in which the artwork
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may be placed. It should also discuss whether the artwork may be prone to vandalism
and how the effects of any vandalism may be mitigated; it should be authored by a
qualified conservator or the artist.);
6. The PAB may request additional information.
Open Competitions
Competitions are open to artists within the geographic limits and other sp ecifications set by the
PAB (which vary from competition to competition). The PAB strives to maintain balance
between competitions involving local artists only and artists from a larger area. The PAB
process for typical competitions is as follows.
1. The PAB provides a project description, budget, time schedule, and su mmary of duties
and obligations;
2. The artist shall provide a maquette and site drawing (if appropriate), design, concept
statement, recommended installation and maintenance requirements, budget,
photographs, resume and references.
3. Proposals shall be considered by the jury, and a final choice or choices will be presented
to the PAB for recommendation to the Town Board. Jury composition varies and is
determined by the PAB, but juries typically include representative(s) from the designated
site and the PAB. Acceptance of art will be the responsibility of the Town Board.
4. Entry materials will be returned to the artist only if requested and appropriate packaging,
postage and insurance are included with the entry by the artist. The names of selected
artists may be obtained from the Chairperson of the PAB or Public Works staff.
The Parks Advisory Board recognizes that works of art often significantly alter public places,
becoming a new, major presence in the environment. In recent decades, visual art has rapidly
evolved and diversified, creating at times a gap between visual art and its appreciation by the
general public. The AIPP program shall endeavor to bridge this gap by broadening
community awareness of the issues involved in visual art and its historical context, and
encouraging informed debate among all segments of the community.
DISPLAY OF ART IN PUBLIC SPACES
A. Works of art selected and implemented pursuant to the provisions of this chapter may be
1) placed in, on or about any public place; or 2) by agreement with the owner thereof,
placed on any private property with substantial public exposure in and around the town.
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Works of art owned by the Town may also be 3) loaned for exhibition elsewhere, upon
such terms and conditions as deemed necessary by the PAB.
B. All art in public places shall receive the prior review and approval of the Town Board.
None shall be removed, altered or changed without the prior review and approval of the
Town Board.
C. No work of art financed either wholly or in part with Town funds or with grants procured
by the Town shall be installed on privately owned property unless the following
condition is met.
a. A written agreement must be prepared and signed by the Chairperson of the PAB,
acting on behalf of the Town, and the owner of the property specifying the
proprietary interests in the work of art and specifying other provisions deemed
necessary or desirable by the Town attorney. In addition, such written agreement
shall specify that the private property owner assures:
1. The installation of the work of art will be done in a manner which will protect
the work of art and that takes into consideration public safety;
2. The work of art will be maintained in good condition; and
3. Insurance and indemnification of the Town will be provided as is appropriate.
D. Installation, maintenance, alteration, refinishing and moving of art in public places shall
be done in consultation with the artist whenever feasible.
E. The Town Clerk 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.
OWNERSHIP OF WORKS OF ART
All permanent works of art acquired pursuant to these guidelines shall be acquired in the name
of, and title shall be held by, the Town of Estes Park.
Exemptions of Ownership of Works of Art
The following are exempt from the provisions of these guidelines:
A. All works of art in the collections of, and having been purchased or acquired as a
donation by the Estes Valley Public Library and The Estes Park Museum are
exempted from these guidelines; and
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.
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The Parks Advisory Board recognizes the fact that these exempted organizations acquire
artwork donated by patrons or purchased and donated by their supporting/friends organizations.
In acquiring new artworks for their collections, we respectfully request the governing boards
and staff of the exempted organizations be cognizant of and embrace the spirit of the AIPP
Guidelines as they continue adding to their art collections.
ACQUISITION OF WORKS OF ART
Public art may be acquired through commissioning a site-specific work, direct purchase, or
donation of a work of art.
A commissioned work of public art typically involves selecting an established artist to develop
a piece of artwork for an identified location or use. If site specific, the artwork must conform to
the AIPP program developed by the PAB regarding the site’s functional context, its
architecture, its location, its relationship to the adjacent terrain, and its social context. If a work
of art is commissioned for a specific use it must meet the requirements set forth by the PAB.
The PAB is entrusted to develop criteria for commissioned projects and to site other acquired
works. The PAB’s administrative policies, selection and placement criteria are detailed in these
Guidelines.
Periodically the Town of Estes Park or the Parks Advisory Board may be offered donations of
works of art. Donations are subject to the same policies and criteria of the AIPP program as
any other work of art being considered by the Town. The PAB has the discretion, subject to
program policies, to recommend to the Town Board either accepting or rejecting any work of
art offered to the Town for public art purposes.
TEMPORARY PUBLIC WORKS OF ART
The PAB may, at its discretion and with approval of the Town Board, designate sites within the
Town of Estes Park as locations for the display of temporary works of art otherwise meeting the
criteria detailed in these guidelines. Sites will be selected for their visibility and access to both
visitors and residents to the town. The display of temporary art has several goals. They are:
1) enriching our community; 2) providing exposure to artists working in a variety of media;
and 3) allowing for the exhibition of a wide variety of works of art that may supplement and
enhance the permanent Town art collection.
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A selected artwork must exemplify commitment to quality and innovation. A temporary art
exhibit may be held with the intention of creating a mutually beneficial partnership between the
Town of Estes Park and artists working both within and outside of the community.
Selected artists will enter into a standard lease agreement with the Town of Estes Park for each
work of art proposed for exhibition. The length of the lease may be for up to one year. A ten-
percent (10%) sales commission is collected by the Town for any temporary work of art that is
sold during the exhibition and the funds deposited into the AIPP reserve account .
ARTIST SELECTION CRITERIA
When evaluating the possibility of working with a particular arti st, the PAB generally considers
the following factors.
The artist’s presentation.
The ability of the artist to work cooperatively and effectively with stakeholders.
The technical feasibility of a proposed project and the artist’s technical ability.
Other factors deemed by the PAB to be important.
SITE SELECTION FOR WORKS OF ART
The PAB is charged with selecting sites for purchased or donated artwork. The PAB generally
considers the following criteria in matching an artwork with a display site.
Display Standards
A. Conceptual compatibility of the design with the immediate site environment;
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 a desirable environment for the general community by the design and
location of the work or art;
E. Preservation and integration of natural features of the site;
F. Appropriateness of the materials and design to the expression of the artist’s concept;
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G. 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;
H. Visibility and accessibility;
I. Public safety;
J. Car and pedestrian traffic patterns, and other Right of Way considerations;
K. Site conditions/constraints: existing landscaping, site furnishings, water for irrigation,
drainage, grading, electrical source for lighting, and other utility considerations such as
depth of existing utilities, access to natural gas hook up, etc.;
L. Environmental impacts such as noise, sound, light and odors;
M. Impact on operational functions of the Town such as snow removal, mowing operations,
etc.;
N. Compatibility with the site function;
O. Susceptibility to vandalism;
P. Costs of site preparation;
Q. Existing works of art in/near the site area;
R. Impact on adjacent property owners;
S. Any other criteria deemed by the PAB to be important;
Town Department Input
Whether 1) working to select artwork for a designated site, or 2) selecting a site for an already
acquired artwork, the PAB strives to get input from relevant Town departments. Relevant
departments will typically be either 1) a department receiving artwork in/on its
building/grounds, or 2) a department whose general responsibilities will be materially impacted
by the placement of a work of art at a particular site (visual sightline obstruction, mowing or
snow removal operations, etc.).
The Chairperson of the PAB will contact the director of the relevant department(s) to discuss
potential sites and will invite the director to serve on any formal selection committee. The PAB
encourages participation by the relevant department director. Selection processes which are
determined by the PAB may vary by project. The Chairperson of the PAB will ask the director
of the relevant department to provide any concerns he or she has about the sites and/or their
impact on department operations before a selection process is concluded/finalized.
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POST-SELECTION PROCESS
Once a site has been selected, an installation plan will be developed by the PAB with input from
the artist, donor, and contractor when appropriate. Following installation, the designated
representative(s) of the PAB and the relevant department director will meet to inspect the site
and sign off on the finalized project.
At the time of an acquisition, by donation or purchase, the proposed budget for a work of art
should include all costs of installation, which may include (1) plinths or other display
components; (2) site development, including landscaping and irrigation system installation or
modification; and (3) an identification plaque.
Contracts
Following final selection of a work of art or artist, a written contract shall be prepared by the
Town Attorney. Executed contracts shall be filed with the Town Clerk and a copy placed in the
artwork accession file managed by the curatorial support services provider.
Public Disclosure
Information about regular PAB meeting dates, rooms and times may be obtained by contacting
the Town Clerk. Special meetings may be called from time-to-time as needed. Information
regarding PAB meetings is posted in Town Hall and meetings, in accordance with Town
regulations, are open to the public. Notices about PAB agendas and minutes are provided to the
Trail Gazette and Estes Park News newspapers to facilitate public input. Generally, a legal
notice, including a photograph of a proposed work of art donation or acquisition is placed in the
newspaper to allow citizen comment. Feedback received shall be provided to the PAB prior to
the second and final reading at a Town Board meeting regarding the proposed installation.
Under special circumstances, the second reading may be waived.
DONATING A WORK OF ART
Background and Definitions
The Town of Estes Park’s collection of public art consisting, 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
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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 fo r addition to the
Town’s collection. The PAB accepts only those works that will, in its discretion, further the
overall goals of the AIPP program
Process for Consideration
The PAB requests that individuals or entities interested in donating a work of art follow these
steps:
A. Submit a complete official donation application to the Chairperson of the PAB. This
form may be obtained from the Town website or from the Town Clerk.
B. Provide a maquette and/or images or the actual work for review. Images may be
provided electronically or by hard copy and should show all sides and the proper scale of
the work.
C. 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.
D. Provide a copy of the artist’s resume or biography; information about the artist’s
significance; and digital images showing a sampling of the artist’s work.
E. 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.
F. 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 sp an of
the work of art while placed in a public environment, stipulating the type of environment
(interior/exterior) in which the work of art may be placed. The plan should also discuss
whether the work of art may be prone to vandalism and how the effects of any vandalism
may be mitigated; it should be authored by a qualified conservator or the artist.
G. The PAB may request additional information.
H. The PAB is unlikely to consider any donation that requires immediate or extensive
maintenance.
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.
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Public Disclosure
Information about regular PAB meeting dates, rooms and times may be obtained by contacting
the Town Clerk. Special meetings may be called from time-to-time as needed. Information
regarding PAB meetings is posted in Town Hall and meetings, in accordance with Town
regulations, are open to the public. Notices about PAB agendas and minutes are provided to the
Trail Gazette and Estes Park News newspapers to facilitate public input. Generally, a legal
notice, including a photograph of a proposed work of art donation or acquisition is placed in the
newspaper to allow citizen comment. Feedback received shall be provided to the PAB prior to
the second and final reading at a Town Board meeting regarding the proposed installation.
Under special circumstances, the second reading may be waived.
DE-ACCESSIONING A WORK OF ART
De-accessioning is a procedure for withdrawing a work of art from the Town of Estes Park’s
public collection. The PAB is responsible for recommending to the Town Board whether any
piece(s) should be de-accessioned. De-accessioning occurs only for good reason, in the PAB’s
discretion.
Basis for De-Accessioning
The PAB may de-accession an artwork for one or more or the following reasons.
The work of art 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 by the
same artist.
The work of art requires excessive maintenance or it has faults of design or
workmanship.
The work of art is found to be fraudulent or not authentic.
The Town cannot properly care for or store the work of art.
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For any other reason articulated by the PAB, in its discretion.
Process/Disposition
The PAB will review the works of art in the Town’s collection at least once every five years to
determine whether any piece(s) should be de-accessioned. In addition, the Town reserves the
right to de-accession a work of art at any time deemed appropriate by the PAB.
De-accessioning may only be considered during a monthly or a special meeting of the PAB. A
majority of PAB members in a quorum must approve de-accessioning for two consecutive
votes. After the first vote, a public announcement of the plan to de-accession must be made to
permit public input prior to the second vote. Following the second vote, and upon approval of
the Town Board, the work of art shall be officially de-accessioned from the Town collection.
The PAB may consider the following options for disposition of a de-accessioned artwork.
A. Return to the artist;
B. Sale or trade;
C. Destruction (which shall be reserved for works deteriorated or damaged beyond
reasonably-priced repair);
D. Donation; or
E. Any option deemed appropriate by the PAB.
MAINTENANCE GUIDELINES FOR WORKS OF ART
Goal
The goal of the AIPP Maintenance Policy is to properly maintain the Town’s collection of
publicly owned works of art to ensure Estes Park citizens’ long-term enjoyment of the
collection. The AIPP Maintenance guidelines spell out the documentation, preservation, and
maintenance processes that will support that goal. The AIPP Maintenance guidelines will be
implemented on a piece-specific basis that recognizes the value of each work of art in the
collection.
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Definitions
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 a 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 with grants the
Town has procured.
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.
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.
Preservation includes placement; installation; security; regularly scheduled maintenance
and emergency repairs (with consideration to the natural process of aging).
Work of art refers to, but is not limited to, a sculpture, monument, mural , fresco, relief,
painting, fountain, banner, mosaic, ceramic, weaving, carving, and work of/piece of
stained glass. The term “work of art” would not normally include landscaping,
architectural ornamentation, or signs.
Process
A. Documentation. Initial documentation will be provided 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 and/or
Light & Power 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
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creating, keeping and periodically updating the documentation. The PAB will use the
projected cost of maintenance as one consideration in its final determination of
acceptance and placement. Although documentation and maintenance recommendation s
alone will not be used to specifically exclude artwork from the Town collection, the
recommendation may play a role in that final determination. The AIPP reserve fund may
be used to pay for acquiring critical, missing documentation not obtained at the time of
acquisition of a work of art.
B. Maintenance documentation. When a work of art is accepted into the Town collection,
minimum, “benchmark” level 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.
C. Inspection and Condition Report. Upon a schedule recommended by the PAB, the
curatorial support services provider will initiate and produce an inspection and condition
report. Paid professional condition appraisers/conservators and/or knowledgeable
volunteers, craftspeople or industry experts may perform the inspection for each piece.
The inspection and condition report will become part of the permanent documentation for
the specific work of art and will reside with the curatorial support services provider.
D. Regular maintenance. Town Parks Division staff, paid professionals and/or trained and
supervised volunteers will perform regular maintenance of works of art based upon the
maintenance schedule and condition report for each specific work of art. Maintenance
will be performed upon a recommended schedule developed by the PAB in consultation
with the representative of the curatorial support services provider (if available) each year.
E. 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.
F. 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.
G. Construction, Remodeling, Painting & Repair. Whenever construction, remodeling,
painting or other maintenance projects undertaken by the Town adversely impact any
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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 works of art likely to be impacted is to
be developed, in conjunction with the representative of the curatorial support services
provider, and approved by the PAB prior to work commencing.
Implementation
A. Maintenance Plan Implementation. The Department of Public Works staff, Parks
Division staff and the representative of the curatorial support services provider will
monitor the AIPP maintenance plan and will report to the PAB annually, or more often if
needed, on the status of art work maintenance. The Department of Public Works staff
and the representative of the curatorial support services provider will monitor and report
to the PAB on quality control, evaluation and corrective maintenance actions carried out
under the approved plan.
B. 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.
C. Contract Services. Contracts with paid professionals/craftspeople will follow established
Town guidelines and will be handled through the appropriate Town department.
D. Quality Control. The PAB believes in regulating the quality of maintenance to an
established standard. Therefore the PAB will work over time to collect and assimilate
maintenance data pertinent to the various types of works of art in the Town’s collection
(e.g. Lacquer vs. waxing, annual vs. biannual maintenance, professional vs. trained
volunteer, etc.) The PAB, the representative of the curatorial support services provider,
and Public Works Department staff will use this data to develop specific quality
standards and devise ways to measure if the standards are met. Once established, the
standards will be used to collect relevant data, analyze that data, and create corrective
action plans as needed. The Public Works Department staff will identify specific areas of
comparison (e.g. using multiple contractors and comparing the results of their work) and
documenting specific maintenance challenges and failures (and their solutions).
E. 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.
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F. 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.
PLACEMENT OF WORKS OF ART IN THE PUBLIC RIGHT OF WAY (ROW)
Goal
The goal of this policy is to develop a framework for the consideration of works of art that will
enhance the community and the travel corridor of the road/utility 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,
Town of Estes Park Light & Power, 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 on Uniform Traffic Control Devices (MUTCD)
when determining uses, signage, visual sightline requirements, and other issues that impact the
ROW. The MUTCD is nationally accepted as the primary standard for these requirements.
Installations Adjoining the ROW
When considering installations along the ROW the following factors shall be considered by
Public Works in making a determination about a particular installation.
A. ADA requirements.
1. For example: Does the installation impact the egress of handicapped individuals?
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B. Impact on flow of pedestrians, bicycles, or traffic .
1. For example: Does the installation cause undue interruption of the flow of individuals
on a sidewalk or cross walk?
C. Safety Impacts.
D. Maintenance requirements/modifications that may be created by the installation.
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.
A. ADA requirements.
B. Impact on flow of pedestrians, bicycles, or traffi c.
C. Maintenance requirements that may be created by the installation.
D. Safety impacts.
1. Does the installation cause undue distraction for drivers, so that vehicles are more
likely to cause accidents from slowing or disorientation?
2. Does the installation cause a blockage of sightlines such that safety for drivers,
pedestrians, or cyclists is compromised?
a) 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.
b) 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.
3. 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 devices do not have designated
locations for drivers to stop. Roundabout islands are not intended to accommodate
pedestrian traffic. A work of art designed for a roundabout, must be designed to be
viewed from a distance. It is also recommended that recognition for works of art
(artist signatures, plaques describing the work of art, etc.) be placed outside of the
roundabouts flow of traffic versus on the island itself.
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APPENDIX
CONTRACT FOR COMMISSION OF ARTWORK
ESTES PARK, COLORADO
This Agreement is entered into this (day, month, year) by and between the Town of Estes Park, Colorado
(herein after called “the Town”) and (artist’s full name) (hereinafter called “the Artist”).
Recitals
In con junction with ( project name), the Town has allocated funding from the Art In Public Places program
reserve fund in the amount of $_______ to acquire artwork which will be created and installed in (location).
This agreement is for artwork to be installed (location description). The Artist was selected through a
competitive process by the Parks Advisory Board.
Based on these foregoing recitals and the terms and conditions set forth herein, THE PARTIES AGREE AS
FOLLOWS:
ARTICLE 1. SCOPE OF SERVICES
1.1 Artist’s Responsibility
A. The Artist shall perform all services and be responsible for all expenses, materials, supplies, and
equipment necessary to design, fabricate, deliver, and install Artwork consisting of _______________
(description of the artwork)__________________.
B. The Artist’s services shall be performed in a professional, timely, and workmanlike manner, and
in strict compliance with all terms and conditions in this Agreement. The Artist is responsible for all
costs, expenses, and fees associated with the design, engineering, fabrication, installation, lighting, site
visits, and insurance of the Artwork.
C. The Artist shall coordinate the installation of the Artwork with the Town. The Artist agrees to
repair and/or replace any damage caused by the Artwork installation at his expense, whether caused by
the Artist or by anyone the Artist engages to assist him, to the satisfaction of the Town’s designated
representative (“Town Representative”), as set forth in this Agreement. The person designated as
“Town Representative” is the Chairperson of the Parks Advisory Board.
4. The Artist is an independent contractor and not an agent or employee of the Town.
5. The Artist shall secure any necessary engineering work and is responsible for all site preparation.
6. The Artist will provide the concrete foundation on which the sculpture will sit.
7. 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.
8. The Artist shall indemnify and hold the Town harmless from any damage or injury claims made
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by a third party(ies) arising during the installation process and caused, or claimed to be caused
by such process, including harm to himself, to others including the public, or to the Artwork.
9. 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.
10. 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.
11. The Artist shall secure and provide insurance for the on-site installation period in amounts and
limits specified in this section. The Artist shall provide the Town Risk Manager with a certificate of
liability insurance which addresses the period of on-site installation, and includes the following:
(1) The policy must be an occurrence form; the coverage amount shall be $1,000,000 for
products/completed operations hazard(s); the Comprehensive General Liability insurance
shall have combined single limits of $1,000,000 per occurrence; and the policy shall not be
cancelled, terminated nor not renewed without first giving 30 days advance written notice to
the Town Risk Manager;
(2) Neither this Agreement nor an insurance policy issued as required by this Agreement shall be
understood to waive or diminish the effect of the Colorado Governmental Immunity Act
protections enjoyed by the Town.
1.2 Town’s Responsibility
A. The Town will provide the Artist access to the site for installation of the Artwork.
B. The Town will provide payment to the Artist in a timely fashion as outlines in the Payment Schedule
in Article 6 of the Agreement.
C. The Town will secure any and all required licenses, permits, and similar legal authorizations, at no
expense to the Artist, as may be necessary for the installation.
D. The Town will designate a representative (see Article 1, Section 1.1 C above) with whom the Artist
should communicate and coordinate when necessary, and the Town Representative has the authority to
make decisions for the Town with regard to the matters described herein, including, but not limited to
inspection of any work in progress at the Artist’s studio or fabrication location, determining substantial
and final completion of the Artwork, approving payments to the Artist, approving and coordinating
installation.
E. The Town will provide, at no charge to Artist, a plaque on or near the Artwork identifying the Artist
and Title of the Artwork.
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ARTICLE 2. DESIGN CHANGES
A. Final Design Proposal – Following execution of this contract, the Artist will, in consultation with Town
staff when necessary, develop his original proposal into a Final Design Proposal which includes: 1.) A
working drawing or rendition of the proposed Artwork and the site, and a description of the materials to
be used in the artwork; and 2.) Cost estimates for the design, fabrication, engineering, transportation,
installation, and insurance. The Parks Advisory Board, or a committee thereof, shall review and approve
the final design prior to execution.
B. Any significant change to the design of the Artwork, as approved pursuant to Article 2, Section 2.1
above, must be approved in writing by the Town. The Artist shall provide proposed changes in writing
or graphic communication to the Town for review and approval. A significant change is considered to be
any alteration which materially affects the approved design or installation. Minor changes do not require
written approval.
ARTICLE 3. COMPLETION DATE
The Artist agrees to complete, deliver, and install the Artwork no later than (month, day, year).
Liquidated Damages: If the Artist fails to complete the on-site installation of the Artwork by (month, day,
year), a late fee of $100 per day will be levied, beginning on (month, day, year), and continuing at $100 per day
for every day until the day the Artwork is successfully installed. This late fee will be deducted from the final
payment due to the Artist. This late fee shall not apply to delays caused by the Town or acts of God.
ARTICLE 4. ACCEPTANCE OF THE ARTWORK
The Artwork will be deemed to be accepted by the Town after the following requirements have been satisfied:
(1) The Artwork is completed, delivered, and installed in accordance with this Agreement and the
approved design, and the Town has verified this; and
(2) The Artist has delivered to the Parks Advisory Board the following:
(a) An executed bill of sale;
(b) Written maintenance and care instructions; and
(c) An original signed Certificate of Authenticity.
ARTICLE 5. PAYMENT SCHEDULE
The Town shall pay the Artist a fixed fee of $_________ that will constitute full and complete compensation for
all services performed, materials furnished, and for the artistic value provided by the Artist under this
Agreement. If the Artist is in compliance with the terms of this Agreement, then the Town will pay the Artist as
follows:
A. First payment of $ (30% of the total cost of the Artwork) shall be made when this Agreement is
signed by both parties, recognizing that the Artist will invest time and incur expenses in preparing
the designs and purchasing materials as set forth in Article 1, Section 1.1(A). No invoice from the
Artist is required.
B. Second payment of $ (30% of the total cost) shall be made to the Artist when the Artwork is 50%
completed and reasonable proof of this, such as digital photographs, has been provided. The Artist
will provide a written invoice for this payment.
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A. Third payment of $ (30% of the total cost) when the sculpture is completed (but prior to transport) and
reasonable proof of this has been provided. The Artist will provide a written invoice for this payment
and digital photographs.
B. Fourth and final payment of $ (10% of the total cost) following installation and acceptance of the
Artwork by the Town, as described in Article 4.
The Town agrees to mail each payment described above within two (2) weeks of receiving an invoice from the
Artist.
ARTICLE 6. WARRANTY
A. The Artist represents and warrants that the design of the Artwork is unique and solely the result of the
creative efforts of the Artist, and is wholly original with the Artist and does not infringe upon or
violate the rights of any third party.
B. The Artist warrants that the Artwork is and shall remain free and clear of all liens, including mechanics
liens and encumbrances of the Artist.
C. The Artist shall not duplicate or offer the same or materially similar Artwork for sale elsewhere within
a 200 mile radius of Estes Park.
D. The Artist warrants that all work is performed in accordance with professional “workmanlike”
standards, and fully guarantees the Artwork to be free from defective materials, products, and
workmanship, for one year following the date of the Town’s final acceptance of the Artwork, as
described above. During this period the Artist agrees to make necessary repairs to the Artwork, in a
manner satisfactory to the Town, of any defect which is the result of faulty workmanship or materials.
If within one year following the date of final acceptance, the Artist is unable or unwilling to make any
necessary repairs, the Artist is responsible for reimbursing the Town for damages, expenses, or loss
incurred by the Town as a result of having to complete such repairs. The Artist is not responsible for
damage to the Artwork caused by vandalism, acts of God, Town employees or contractors.
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
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herein, over time future citizens and Town Boards may determine that the Town should remove it or
otherwise dispose of the Artwork, and the Town reserves that right. If the Town alters, modifies, or
changes the Artwork, it will not thereafter represent the altered work as that of the Artist without his
consent.
C. The Artist agrees to indemnify and hold the Town harmless from any and all liability arising out of the
Artist’s violation or claim of violation by any person of any copyright or trademark infringement
whether or not such claim(s) or suit(s) is(are) frivolous.
ARTICLE 8. INDEMNIFICATION
The Artist will indemnify and hold the Town harmless from all loss and liability (including attorney’s
fees, court costs, and all other litigation expenses) for any infringement of the patent rights, copyright,
trademark, and all intellectual property claims of any person or persons in consequence of the Town’s
acceptance of the Artists work or the use by the Town, or any of its officers or agents, of articles or
services supplied in the performance of the Agreement, whether or not such claim (s) is (are) frivolous.
ARTICLE 9. DEATH OR INCAPACITY
If the Artist becomes unable to complete the terms of this Agreement due to death or incapacitation, such death
or incapacitation will not be considered a default of this Agreement on the part of the Artist; however, upon the
happening of death or incapacity of the Artist, the Town is not obligated to proceed with this Agreement.
In the event of incapacity, the Artist may assign the Artist’s obligations and services under this Agreement to
another artist of his choosing, but only with written approval of the Town. Alternatively, the Town may
terminate this Agreement.
In the event of the death of the Artist, this Agreement shall terminate. The Artist’s executor shall deliver the
Artwork, in whatever form and degree of completion it may be at the time, to the Town, along with all materials
and supplies purchased for the Artwork’ fabrication, if not yet completed. The Town has the right to have the
Artwork completed, fabricated, delivered, and installed by another artist or fabricator of their choosing;
however, the Artist’s heirs shall retain the copyright to the Artwork and all rights under Article 8.
ARTICLE 10. TERMINATION OF AGREEMENT
The Town may terminate this Agreement if the Artist fails without cause to complete, deliver, and install the
Artwork as stipulated in this Agreement. The exercise of a right to termination under this section shall be in
writing and set forth the grounds for termination. If this Agreement is terminated under this section, the Artist
is entitled to retain the 10% fee paid to him when the Agreement was executed, but shall return to the Town all
other compensation paid to him under the terms of this Agreement within 30 days of the date of termination. If
the Artist fails to return said Town funds, the Town shall have the right to take possession of the Artwork, in
whatever form and degree of completion it may be at the time, and all materials and supplies purchased and
obtained by the Artist for the Artwork, and the Town has the right to have the Artwork completed, fabricated,
delivered, and installed by another artist or fabricator of their choosing. However, the Artist shall retain the
copyright to the Artwork and all rights under Article 7.
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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:
___________________________________
Mayor, Town of Estes Park
________________
Date
___________ __________
Artist
________________
Date
ATTEST:
________________________
Town Clerk
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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 photographs or detailed drawings of the artwork to this form. Please also
attach 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 or to be used in artwork: __________________________________________________
Proposed Location of Artwork:
Special Instructions (if any):
When is the artwork available for installation?:
Year completed: _________ Purchase price: $____________ Current value: ______________
Dimensions: ____________________ Weight: _____________________
Long-term maintenance required: ______________________________________________________________
Does donation include the cost of site preparation, installation costs, concrete pad or pedestal (if necessary), or
does it include money for these costs? YES NO
If yes, please provide proposed budget amount: _____________________________
The undersigned is the owner of the artwork, free of all liens and encumbrances, and has the right to make this
agreement.
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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
Page 33
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: $ _______________
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 the loan 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. This constitutes the entire agreement between the parties.
Artist’s Signature & Date (Please print name after signature)
------ FOR PARKS ADVISORY BOARD USE ONLY -----
Document and Procedures: Location:
___ Signed Agreement ___ Town Hall ____ Other Location
____________________________________________________
___ Photograph of each piece for insurance (PAB) ___ Insurance information to Risk Management
Page 34
TOWN OF ESTES PARK ART IN PUBLIC PLACES PROGRAM
REQUEST FOR PROPOSALS
(______________________ project name_____________________)
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.
Project Description and Scope
___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
___________________________________________
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.
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.)
ARTIST’S RENDERING OF PROJECT
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One artist will ultimately be selected to develop their design, fabricate and install the
artwork.
The artist will be required to carry general liability insurance in the amount of $
(amount).
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 publicworks@estes.org and
must include:
A preliminary statement of approach for the project which communicates scope and
scale
Previous accomplishment(s) with public art pieces of similar appropriate scale as
shown in five-ten images of artwork completed within the past five years.
The Artist’s conceptual image for the site, which must communicate the scope and
scale of the submitted project: Maximum number of conceptual images: 3
3 professional references
Selection Criteria
The primary criteria for selection:
Scope of Proposal: Does the proposal show an understanding of the project objective,
appropriate scale and desired results? Does the artwork represent history/spirit of the
Town?
Assigned Personnel: Do the person(s) working on the project have the necessary
skills? Are sufficient people of the requisite skills assigned to the project?
Availability: Can the work be completed in the contracted time and on-budget?
Timeline
All applications must be submitted through the Town website by (month, day, year).
Final completion date will be determined jointly by the Artist and the Parks Advisory Board;
however, the project must be started shortly after the contract has been awarded.
Budget
A maximum of $ (amount) has been allocated for the artwork to include all design, fabrication,
insurance, installation, travel, contingency and incidental costs. The Town of Estes Park
reserves the right to withdraw from the project prior to such time as a contract is formally
entered into with the Artist. Contract provisions will apply subsequent to the agreement to such
by both parties.
Page 36
Submission and Contact Information
Public Works Department
170 MacGregor Ave.
P.O. Box 1200
Estes Park, CO 80517
(970) 577-3587 publicworks@estes.org
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UTILITY BOX ART
The goal of this project is to beautify the Town using necessary util ity boxes to become works
of art instead of solid utilitarian blocks of color.
Town Commissioned Utility Box Art
PAB will oversee the commissioning of art for eligible utility equipment, including but not
limited to painting and vinyl wraps. Eligibility will be determined by the relevant Town
Department. Artists are required to follow the guidelines for utility box art.
A. Designs should be original to the artist or of the artist’s original style, designs should be
busy, and designs should be picture based, not word based. Any wording in the design
should not be the focal point of the design and letters should not be any larger than two
inches in height. Designs must be appropriate for all ages and the Town will not accept
any designs that include logos, copyrighted or trademarked images, advertisements,
political, commercial, religious, sexual symbols, themes or messages.
B. Utility boxes are functioning pieces of equipment and should be treated as such. Designs
and color schemes should not interfere with signage on the box, the ability to open the
box, or interfere with any function of the utility box itself.
C. Location and selection of utility boxes to be painted are subject to approval by the PAB
and the relevant Town Departments.
D. Artists will be required to submit a detailed design proposal to the PAB and the relevant
Town Department for review and approval by the Town of Estes Park Board of Trustees.
If the design proposal is approved by the Town Board, artists will coordinate with the
Town Department representative for box priming, sealing, and final inspection.
Patron-Commissioned Utility Box Art
PAB will oversee patron commissioning of art for eligible utility equipment, including but not
limited to painting and wraps. Eligibility will be determined by the relevant Town Department.
Patrons and artists are required to follow the guidelines for utility box art.
A. Designs should be original to the artist or of the artist’s original style, designs should be
busy, and designs should be picture based, not word based. Any wording in the design
should not be the focal point of the design and letters should not be any larger than two
inches in height. Designs must be appropriate for all ages and the Town will not accept
any designs that include logos, copyrighted or trademarked images, advertisements,
political, commercial, religious, sexual symbols, themes or messages. Acknowledgement
Page 38
or recognition of the sponsor in the design (including logos) is acceptable as long as the
design, as a whole, remains non-commercial.
B. Utility boxes are functioning pieces of equipment and should be treated as such. Designs
and color schemes should not interfere with signage on the box, the ability to open the
box, or interfere with any function of the utility box itself.
C. Location and selection of utility boxes to be painted are subject to approval by the PAB
and the relevant Town Department.
Patrons and artists will be required to submit a detailed design proposal to the PAB and the
relevant Town Department for review and approval the Town of Estes Park Board of Trustees.
If the design proposal is approved by the Town Board, patrons and artists will coordinate with
the Town Department representative for box priming, sealing, and final inspection.
8.12.19 Rev.
Rex Poggenpohl
DRAFT
Proposed % for Art Program Ordinance
Purpose:
To provide a means for funding public Artworks (or Crafts) for the visual artistic appreciation of
citizens and visitors of the Town of Estes Park (Town) and to enhance the artistic development,
cultural heritage and aesthetic character of the Town in accordance with the the Art in Public
Places (AIPP) program of the Town .
For Town capital expenditure projects budgeted at over $50,000 and under $5,000,000 the
Town shall cause an amount equal to one (1) percent of the construction costs to be budgeted
and deposited into a distinct separate Town Public Art reserve account; for projects over
$5,000,000 this amount shall be equal to one half (0.5) percent. In years when capital
expenditure projects total less than $250,000 the Town shall budget and deposit a minimum of
$2,500 in such account; however a larger amount may be authorized by Town Trustees on a
year to year basis. Project budgets will be updated to include any project change orders and the
amount due to the Public Art Reserve shall be adjusted accordingly.
Hereby established is a Public Art reserve account for the deposit of funds from Town capital
expenditure projects per the above, along with the deposit of all other funds for public art,
whether earned, contributed, secured through grants or otherwise obtained by the Town.
Eighty (80) percent of the deposited funds for public Art shall be used only for the selection,
purchase and installation of artworks or crafts recommended by the Town Parks Advisory Board
(PAB) and approved by Trustees. Twenty (20) percent of the deposited funds for public Art shall
be separately accounted for and used only for maintenance of Town owned artwork to preserve
its value and access to public viewing and shall be used for such by the appropriate Town
Department charged with maintaining such Town property with approval of the PAB. Public Art
Reserve funds shall not be used for reproduction of original artworks, decorative or ornamental
project elements designed or commissioned by project design professionals of record, project
landscaping elements, or mass produced art objects,
If any capital expenditure project is funded in whole or part from a source that precludes artwork
as a portion of project expenditures, then the funding covered by this ordinance shall apply only
to the the portion of expenditures not so restricted.
The Town resolves to encourage and support utilization of other sources for public art funding,
including but not limited to: grants, endowments, donations, and public-private partnerships.
With Town Trustees confirmation, the PAB shall organize and manage an Arts Advisory
Committee (AAC) to assist the Town and PAB to solicit and select prospective artists and
artwork for the Town AIPP program. This AAC will be composed of seven (7) members
including: Chair of PAB, another member of PAB appointed by the Chair, a Board member of
the Estes Arts District, a Board member of the Cultural Arts Council of Estes Park, a member of
the local Chamber of Commerce or similar business group that is involved in the commercial
sales of artwork, two actively practicing artists that are residents of the Estes Valley area. AAC
Members will be appointed for two year terms which bear expiration can be extended for an
additional two year term by the PAB Chair. As community volunteers AAC Members will serve
without compensation and follow provisions of the current Town Volunteer Manual.
Ownership of Public Art: all public art acquired pursuant to this Ordinance shall be acquired in
the name of the Town and title shall vest in such.
Selection of public Art: shall be in accordance with established procedures of the AIPP.
Definitions:
Artist shall mean: an individual or group of individuals that creates original artwork or crafts and
is recognized by professional peers and critics as a professional practitioner of the visual, craft
or conceptual arts of serious intent and is independent of the project designers.
Public Art shall mean: physically accessible, original, one a kind, permanent, physical artwork or
crafts that enrich the aesthetic value of the Town for residents and visitors.
Public Art Master Plan shall mean: a long term (10 to 20 year) Plan which identifies desirable
physical public place locations for Public Art and the associated plans for funding, acquiring,
and installing such. This Public Art Master Plan should be updated in five (5) year intervals or
less if major Town changes warrant. The PAB is responsible for developing and updating this
Plan with Trustees approval.
Public Art Reserve account shall mean: a distinct, separate account of funds from Town capital
expenditure projects per this % for Art Ordinance and any and all other funds received by the
Town for Public Art acquisition and maintenance purposes. to the extent legally permissible,
these funds may be pooled and used for one or more Art projects as requested by the PAB.
Public Place shall mean: publicly accessible landscapes, structures and infrastructure to
include, but not be limited to public parks, plazas, streets, bridges, buildings and building
grounds.
Capital expenditure project shall mean: any physical capital project, including but not limited to
those paid wholly or in part by the Town with general funds, public grants except where
prohibited by law or grantor, voter approved general obligation bonds, annual general obligation
bonds, and capital improvement funds; for the purpose of constructing or remodeling any Town
owned building, structure or physical infrastructure (roads, sidewalks, sewers, communication
network, etc.)
Construction cost shall mean: the contracted sum for the construction of a capital expenditure
project, including professional design fees, any associated furniture, fixtures, furnishings and
any project change orders. Construction cost does not include cost of land, rights of way or
project financing charges.