Administrative Guide

The Administrative Guide (referred to herein as “Guide”) outlines the roles and responsibilities of citizens, City staff and elected officials in the development, funding and implementation of the City of Akron Public Art Program (herein referred to as “Public Art Program”).

The Plan provides guidelines and requirements for the development of an annual Public Art Work Plan, the funding and acquisition of public art, the selection of artists and artwork, the implementation and conservation of the Akron Public Art Collection. It is intended to ensure the City of Akron Public Art Program is implemented in a fair and consistent manner enabling a community-oriented, artistically creative process and promotes the cultural, aesthetic and economic vitality of Akron. The Public Art Program will be led by the Public Art Commission (referred to herein as “the Commission”), a citizen committee appointed by the Akron City Council and the Akron Mayor. The City Council and Mayor will retain ultimate responsibility for the program.

Day-to-day responsibility for the program will reside within the Office of Integrated Development. This guide is only to be used when public dollars are being spent on public art or when public art is being placed on city-owned property.

Mission

The Akron Public Art Program is dedicated to celebrating the cultural vitality of the people of Akron and promoting economic vibrancy throughout Akron through the integration of high-quality artwork into public places.

Guiding Principles Akron’s Public Art:

● Elevates the cultural vibrancy and identity of the community
● Reflects through design a diverse and ever-changing audience
● Varies geographically and is distributed citywide, focusing on areas where people gather
● Celebrates community histories, strengths and aspirations
● Is commissioned in an open, informed atmosphere
● Expresses the values and vision of the community
● Ensures careful collection management to promote vibrant public spaces for years to come
● Empowers artists to determine creative direction for public artworks.

● Enhance the visual environment of public spaces for residents and visitors through a commitment to public art
● Strengthen the positive reputation, brand and stature of the City of Akron and its neighborhoods
● Establish standards of excellence for public art in Akron
● Promote and support the economic development and vitality of the community in a geographically equitable way through an investment in the public realm
● Promote distinctive and diverse artwork communicating the community’s sense of spirit, identity and pride
● Improve access to public art for all citizens of the city and advance understanding of its civic role
● Create opportunities for inclusion, education, engagement and civic dialogue among diverse citizens of the city
● Commemorate the city’s collective memory and history
● Celebrate the community’s cultural and ethnic diversity
● Use public art as an opportunity to promote collaboration with and support programs for tourism, cultural exchange and goodwill

Akron City Council
Akron City Council will adopt an ordinance establishing the Akron Public Art Program. As the community’s elected officials, the Mayor and Council members are ultimately responsible for the outcomes of the Public Art Program.

Akron City Council has the following responsibilities:
● Review and approve the annual Public Art Work Plan as prepared by the Public Art Commission, including annual appropriations for public art
● Confirm Mayoral appointments to the Public Art Commission

City of Akron Staff, Office of Integrated Development
The Public Art Commission Staff Liaison will oversee the Public Art Program, as well participate in the planning, purchasing, commissioning, donation, placement, handling, conservation, and maintenance of public artwork under the jurisdiction of all City departments. The success of the Akron Public Art Program depends on having a staff liaison to administer all aspects of the program.

The Staff has the following responsibilities:
● Develop and implement the annual Public Art Work Plan in coordination with the Public Art Commission and appropriate City departments and representatives.
● Oversee the administration of the commissioning of new works of public art including but not limited to:
o Project planning – developing scopes of work and project budgets,
coordinating with the project manager and project architect, and identifying community partners when necessary
o Management of the artist selection process - developing and distributing RFQs and RFPs, staffing the artist selection committees and conducting artist workshops
o Project implementation – developing contracts, getting necessary approvals, coordinating with the project manager, reviewing preliminary and final designs and monitoring artist progress and compliance with the project contact
o Documentation – keeping records of contracts, photographs, construction drawings, maintenance manuals and meetings
o Community education – assist in garnering publicity for projects, facilitating public meetings and developing educational materials
o Oversee project consultants’ work
o Ensure adequate insurance and liability protection is secured by artists, contractors and the City prior to installation
o Coordinate any necessary management agreements through artists, contractors, community groups, private property owners and the City as needed
o Encourage private developers to include public art in their developments and guide them, when requested, through the process of selecting public art for their facilities
o Identify collaborations and sources of funds
o Oversee a comprehensive conservation survey of the Akron Public Art Collection and ensure all necessary repairs are conducted
o Report to the Mayor
o Staff the Public Art Commission

City Departments
City Departments may recommend projects for possible funding or staff support by the Public Art Program. They may also include side proposals and funding in their Capital Improvement Plans. City Departments also are accountable to the City’s public art policies and procedures. Public art projects under the jurisdiction of any City Department must be reviewed and approved according to the public art policies and procedures contained within this document.

Independent Boards and Commissions of the City
Other City Commissions may recommend their projects for possible support by the Public
Art Program. They may also include public art projects in their requests to the City. Public art projects developed in partnership with these entities must be reviewed and approved according to the public art policies and procedures contained within this document. City staff coordinating public art projects will work closely with the staff liaisons of these Commissions when working in partnership with them or placing projects on their property.
Agreements with these Commissions will reflect and include the policies and procedures of all partner Commissions.

Public Art Commission
The Akron Public Art Commission, established June 26, 2020, advises the City in all matters pertaining to city-sponsored Public Art Programs. The Akron Public Art Commission, as a decision-making body within the Akron city government, will be responsible for interpreting and reviewing proposed public art projects based on criteria identified in these policies and procedures, and for making recommendations to the Mayor and City Administration. The Commission’s primary goal is to increase the public’s awareness of all visual arts including but not limited to exhibition of sculpture, paintings, mosaics, photography and video.

The Public Art Commission has the following responsibilities:
● Act principally in an advisory capacity to City of Akron staff and the City in any matter pertaining to public art
● Present an annual report of Commission activities
● Advise and make recommendations to the City pertaining to, among other things, policies and procedures as identified in the Administrative Guide; artist selection juries and process; commission and placement of artworks; and maintenance and removal of artworks

Public Art Work Plan

The Public Art Work Plan is an annual document outlining what projects will be initiated in the coming fiscal year, as well as projects to be in process during that fiscal year. The Public Art Commission will develop the Plan in consultation with staff and the Mayor and will submit it to City Council as part of the annual budget for its review and approval.

The following steps will be taken to develop the Public Art Work Plan:

● Determine availability of funds for the upcoming year
● Identify projects to be paid for with identified funding, including acquisition and maintenance
● Develop a draft Public Art Work Plan that will include locations, goals and budgets for public art projects and programs
● Present the Plan to City Council as part of the City budget approval

Membership

The Akron Public Art Commission will be comprised of nine members. Nine members shall be appointed by the Mayor and confirmed by City Council. The Mayor shall designate a City employee to serve as the staff liaison. The Council President or their designee shall serve as an ex-officio member.

Each member will serve a two-year term and membership will be staggered. To achieve staggered appointments, the initial appointments to the Public Art Commission shall have five members appointed to three-year terms, and four members appointed to two-year terms. No Commissioner shall serve more than six consecutive years. Should a Commissioner’s replacement not be qualified upon the expiration of any term of a Commissioner, that Commissioner shall hold over on the Public Art Commission until a qualified replacement Commissioner has been appointed. Commissioners will be appointed by the Mayor, confirmed by City Council and will be representative of the demographic makeup of the community. Members shall have experience and/or an interest in the placement, creation or designation of public art. Each commissioner shall have any other qualification(s) the Mayor deems necessary andappropriate. No majority shall be from the same ward.

Procedures

Commissioners may not submit applications for the placement of their own artwork and/or projects. Commissioners may invite artists to participate but must refrain from giving advice to applicants or answering their questions and direct such questions to the Staff Liaison. If the Commission holds a public meeting, the hearing will be open to the public and the dates, times and locations of these meetings will be posted on the City’s website. Decisions will be based on a simple majority vote of the Commission.

Conflict of Interest

Commissioners will declare conflicts of interest for all projects and artwork under consideration at the beginning of their meetings. A conflict of interest exists if a Commissioner, an organization with which the Commissioner is associated as a staff member, or a Commissioner’s family member, has the potential to gain financially from the project under consideration. In order to promote public confidence in this process, Commissioners may declare a conflict if they think there may be a perception of a conflict.

If a Commissioner has a conflict, he/she must not participate in the Commission’s discussion or decision regarding the project. They must also refrain from discussion with fellow Commissioners to avoid influencing their decision making.

Funding
Funding for the Akron Public Art Program may come from Akron’s Capital Improvement Project Budget, General Fund, or through the Percent for Art TIF Share, as well as from grants and/or contributions from private entities, other public agencies or philanthropic sources.

The public art funds may be spent for:
● Artist fees including travel and expenses related to travel
● Artwork fabrication and installation
● Acquisition of existing works of art
● Relocation of existing works of art
● Required permits and insurance during the fabrication and installation of the artwork
● Informational/promotional materials and public events directly related to the artwork
● Maintenance of artwork not exceeding more than 10 percent of the annual budget
● Curators and contracted services

The public art funds may not be spent for:
● Mass-produced work, excepting limited editions controlled by the artist
● Artwork not produced or designed by a Commission approved artist
● Professional graphics, unless designed or executed by an artist or used in the development of collateral material
● Decorative, ornamental or functional elements designed by an architect or other designer
● Routine maintenance exceeding more than 10% of the annual budget as proposed by the Public Art Commission and approved by Council
● Purchase of existing works of art outside of the Commission’s selection process

Account Management
All monies appropriated for the Akron Public Art Program are transferred into a special public art project account maintained in a separate project account.

As a project account, any funds not expended at the conclusion of the fiscal year will roll over into the following fiscal year. As part of the account, a separate category will be established for the ongoing conservation of artwork.

The City may also utilize this account to accept gifts, grants and donations made for the public art program. The Office of Integrated Development will prepare an annual budget, presented as part of the capital budget in support of the Public Art Work Plan allocating funds for the range of eligible activities.

Selecting the artist is one of the most important steps in commissioning public art. An open, equitable, competitive process inspiring the artist and engaging the community should be an enriching experience and lead to more creative and exciting public art.

Goals
● Satisfy the goals of the project site through an appropriate artist selection
● Further the mission and goals of the Public Art Program
● Select an artist or artists whose existing public artworks or past collaborative design efforts have demonstrated a level of quality and integrity
● Identify an approach to public art suitable to the goals and demands of the project
● Select an artist or artists who will best respond to the distinctive characteristics of the site and the community it serves
● Select an artist or artists who can work successfully as members of a project-design team
● Ensure the selection process represents and considers the interests of all concerned parties, including the public, the arts community and the City
department(s) involved
● Ensure, on average, the demographics of the artists and selection committee are reflective of Akron’s population

Open Competition
In an Open Competition, artists may submit their qualifications or proposals, subject to requirements established by the Artist Selection Committee. The Requests for Qualifications (RFQ) or Requests for Proposals (RFP) should be sufficiently detailed to permit artists to determine whether their art is appropriate for consideration.

Open Competition allows for the broadest range of possibilities for a site and brings in new, otherwise unknown, and emerging artists.

Limited or Invitational Competition
In a Limited Competition, or Invitational, several preselected artists are invited by the Artist Selection Committee to submit their qualifications and/or proposals. This method may be appropriate when the Public Art Commission is looking for a small group of experienced artists, when there is a limited time frame, or if the project requirements are so specialized that only a limited number of already identified artists would be eligible.

It is possible this list of artists would come from a prequalified list.

Direct Selection
On occasion artists may be chosen directly by the Artist Selection Committee. Direct selection may be useful on projects where an urgent timeline low budget, or precise requirements exist. It is possible this artist would come from a pre-qualified list. Approval of the Mayor and the City Purchasing Agent must be secured to utilize this method.

Direct Purchase
Some projects require the purchase of a specific artwork due to the exacting nature of the project or limited timeline. In this case the work must be one of a kind, not mass-produced or off the shelf. It is possible this artwork would come from an artist on a prequalified list.

Approval of the Mayor and the City Purchasing Agent must be secured to utilize this selection method.

Prequalified Artist Lists
The Public Art Commission may decide to develop a pool of prequalified artists from which it can choose artists for Limited Competition, Direct Selection and Direct Purchase. This pool would be developed based on a comprehensive review of artist qualifications. This list could be updated annually or biannually, depending on the frequency of new projects.

Membership of Selection Committees
Membership will be recommended by the Staff Liaison and approved by the Akron Public Art Commission. The members of the selection panel (panelists) will be representative of community demographics and will consist of at least five members from the list below:
● Artist or arts administrator
● Project architect or landscape architect (If this representative wishes to recruit applicants, they will be non-voting.)
● Public Art Commission member
● A project site representative
● City staff if project insight is deemed necessary
● Community representative
● Two at-large members (may be from project steering committee if not already represented, or students, educators, elected officials, etc.)

Procedures
Selection Committee Members will not submit applications for projects. Committee
members will refrain from advising applicants or answering their questions and direct such questions to the Staff Liaison. All Committee meetings are open to the public; dates, times and locations of these meetings will be posted on the city’s website and at City Hall. No public comment will be heard at such meetings. City staff will provide Committee members with ballots to assist them in reviewing each application or interview. Decisions will be based on a simple majority vote of the Committee.

Committee Conflict of Interest
Committee members will declare conflicts of interest for all projects and artwork under consideration at the beginning of their meetings. A conflict of interest exists if a committee member, an organization with which the committee member is associated as a staff or board member, or a committee member’s family member, has the potential to gain financially from the project under consideration by the Committee.
In order to promote public confidence in this process, a committee member also may declare a conflict if they think there may be a perception that they have a conflict. If a committee member has a conflict, he/she must not participate in the Committee’s
discussion or decision regarding the project. They must also refrain from discussion about the project and from influencing fellow committee members.

Upon the decision of the Artist Selection Committee, the Office of Integrated Development will work with the Mayor to prepare a contract including the scope of work, fee schedule and relevant terms and conditions.

The City will follow the process for contracting required by the City Charter and other applicable laws. For some projects the contract with the artist may be phased to include
two scopes of work with separate pay schedules and deliverables. The first phase would include all design documentation, including final design, stamped engineering drawings, installation details and a revised fabrication budget and timeline.

The second phase would include all costs related to fabrication and installation. The Office of Integrated Development will ensure all documents are signed and insurance coverage secured before issuing a notice to proceed. A dedicated staff member from the Office of Integrated Development will be responsible for coordinating the work of the artist to ensure the successful integration of the artwork into the project. The Office of Integrated Development will organize a meeting with all integral staff to review roles, responsibilities and schedule.

If specified in the contract, the artist will create design development drawings for review and approval from the Public Art Commission and the City before proceeding with fabrication. The Office of Integrated Development will schedule meetings with the
appropriate offices to review and approve the plans.

If the artist proposes any significant design changes, the Office of Integrated Development will secure the approval of the Public Art Commission and the appropriate departments of the City before approving said changes in writing, per the terms and conditions of the
contract.
If the parties are not in agreement, the Mayor or Mayor’s appointee will act as arbiter. If the change will affect the budget, scope or schedule, the Office of Integrated Development will initiate a contract modification, pending availability of funds.

The Office of Integrated Development will be responsible for overseeing the installation of
the artwork. The Office of Integrated Development will be responsible for ensuring all the
necessary requirements have been completed prior to interim and final invoice payments to the artist.

The City of Akron acquires artworks by commissions of the City’s Public Art Fund and through gifts from groups and individuals. Processes for these acquisitions are dictated by the Akron Public Art Commission, Public Art Program Ordinance and by the Donation Policy. Artworks acquired through these processes are considered to have been accessioned into the City’s Permanent Collection and must be cared for in accordance with the Policy and Procedure for Maintenance Policy and the Collection Management Policy.

Artworks in the City’s possession acquired outside of or before these policies may not be accessioned pieces of the Permanent Collection and thus may not be subject to the Artwork Collection Management Policy. The Collection Management Policy is intended to maintain the value of the City’s Permanent Collection and guard against the arbitrary disposal of any of its pieces.

Objectives
● Maintain a collection management program resulting in a high-quality,
City-owned public art collection
● Eliminate artworks deemed unsafe, not repairable or no longer meeting the needs of City of Akron
● Respect the creative rights of artists
● Support an efficient workload for staff

Life spans that have been assigned to the work during the commissioning process will be taken into consideration as part of requests for deaccession or removal.

For artworks not assigned a life span, the staff liaison may engage experts to assist in assigning the artwork a life span, based on the life expectancy of the artwork’s materials and fabrication methods.
● Temporary: 0-2 years
● Short-Term: 2-10 years
● Medium-Term 10- 25 years
● Long-Term 25+ years

Integrity of Artworks

The Akron Public Art Program will seek to ensure the ongoing integrity of the artwork and the sites for which they were created to the greatest extent feasible, in accordance with the artist’s original intentions and consistent with the rights afforded by the 1990 Visual Artists Rights Act.

Access to Artworks

The City will seek to assure continuing access to artwork by the public, although the City may limit availability due to circumstances such as funding, public safety, display space and deaccession processes.

If the artwork is removed from public display, the City of Akron may consider the following
options:

Relocation:
● If City Staff and the Public Art Commission decide that an artwork must be removed from its original site, and if its condition is such that it can be re-installed, the City will attempt to identify another appropriate site
● If the artwork was designed for a specific site, the City will attempt to
relocate the work to a new site consistent with the artist’s intention
o If possible, the artist’s assistance will be requested to help make this
determination
● Store artwork until a new site has been identified or the City decides to deaccession the artwork
● Sell or trade the artwork after deaccessioning

Provision for Emergency Removal
In the event the structural integrity or condition of an artwork is such that the artwork presents an imminent threat to public safety, the City may authorize immediate removal without Public Art Commission approval or the artist’s consent, by declaring a State of
Emergency, and have the artwork placed in temporary storage. The artist and the Public Art

Commission members must be notified of this action within 30 days. The City and the Public Art Commission will then consider options for repair, reinstallation, maintenance provisions or deaccessioning. In the event the artwork cannot be removed without being altered, modified or destroyed, and if the artist’s agreement with the City has not been waived under the Visual Artists’ Protection Act, the City must attempt to gain written permission before proceeding. In the event this cannot be accomplished before action is required in order to protect the public health and safety, the City shall proceed according to
the advice of the Director of Law.

Deaccession and Relocation
Deaccession is a procedure for the withdrawal of an artwork from the Permanent Collection and the determination of its future disposition. Relocation means a procedure for the movement of an artwork from one location to another.

General Criteria
The City may consider the deaccessioning of artwork for one or more of the following reasons if it cannot be re-sited:
● An artwork is not, or is only rarely, on display because of lack of a suitable site
● The condition or security of the artwork cannot be reasonably guaranteed
● The artwork is damaged or deteriorated and repair is impractical or unfeasible
● The artwork endangers public safety
● In the case of site-specific artwork, the artwork’s relationship to the site is altered because of changes to the site
● The artwork has been determined incompatible within the context of the
collection
● The City of Akron, with the concurrence of the Public Art Commission, wishes to
replace the artwork with work of more significance by the same artist
● The artwork requires excessive maintenance or has faults of design or workmanship
● Written request from the artist

Permanent artworks must be in place for at least five years before deaccessioning or relocation requests will be considered, unless matters of public safety necessitate removal.

Process
Deaccession or relocation requests may be submitted by one of the following:
● Neighborhood organization or Homeowners Association
● City Department
● Independent Board or Commission of the City
● City Council Member

Removal Form
The staff liaison will provide applicants with an application form serving as the applicant’s formal request for consideration by the Public Art Commission. Review Process

The Public Art Commission will review requests and decide regarding deaccession or relocation.

Artist Involvement
If deaccession or removal is recommended, the artist (if available) will be contacted and invited to provide input. The artist’s contract, along with any other agreements or pertinent documents, will be reviewed and sent to the Law Director’s Office for final approval.

Public Meeting
The Public Art Commission will hold at least one public meeting for the purpose of gathering community feedback on a proposed deaccession or removal. The Commission may also decide to hold additional public meetings or gather community input through other methods.

The Public Art Commission may seek additional information regarding the work from the artists, galleries, curators, appraisers or other professionals prior to making a recommendation.

Report and Due Diligence
The staff liaison will prepare a report including the opinion of the Director of Law on any legal restrictions that may apply to the specific artwork. The Public Art Commission’s recommendation may include dismissing the request and/or modifying, relocating, selling, donating, disposing or storing the artwork.

The staff liaison will provide all relevant correspondence including, but not limited to:
● Artist’s name, biographical information, samples of past artwork and resume
● A written description and images of the artwork
● Artist’s statement about the Artwork named in Deaccession or Relocation Request (if possible)
● A description of the selection process and all related costs implemented at the
time the Artwork was selected
● A formal appraisal of the Artwork (if possible)
● Information regarding the origin, history and past ownership of the Artwork
● Information about the condition of the Artwork and the estimated cost of its conservation
● Information and images of the Artwork’s site
● Any information gained from the public meeting held about the deaccession and removal of the work
● Feedback from the Director of the City Department responsible for operating and maintaining the Artwork
● Detailed budget for all aspects of conservation, maintenance, repair, installation, operation, insurance, storage and City Staff support
● The Artist’s contract with the City

The Public Art Commission can recommend one or more of the following methods for an artwork’s deaccession:
● Sale or Exchange – sale shall comply with the State of Ohio and City of Akron laws and policies governing sale of municipal property
●Artist, or estate of the artist, will be given first option to purchase or exchange the artwork(s)
● Sale may be through auction, gallery resale, direct bidding by individuals or other form of sale in compliance with the State of Ohio and City of Akron law and policies governing surplus property
● Exchange may be through artist, gallery, museum or other institutions for one or more artwork(s) of comparable value by the same artist
● No works of art shall be traded or given to Public Art Commission Members or City of Akron Staff
● Proceeds from the sale of artwork shall be placed in a City of Akron account designated for public art purposes. Any pre existing contractual agreements between the artist and the City regarding resale shall be honored. An exception to these provisions may be required if the artwork was originally purchased with funds that carried with them some restriction, for example, bond funds for street and sidewalk improvements, in which case the proceeds shall be placed in an account designated for art allowed under similar restriction(s)
● Destruction of Artwork – if artwork is deteriorated or damaged beyond repair or deemed of negligible value
● If the City of Akron is unable to dispose of the artwork in a manner outlined above, the Public Art Commission may recommend the donation of the artwork to a non profit organization or another method

Cost
If deaccession or relocation accommodates the applicant’s interests or project, they may be
required to cover the costs of either at no cost to the City.

Conflict of Interest
No works of art shall be given or otherwise transferred publicly or privately, to officers, directors or employees or staff of the City of Akron, or their immediate families or representatives of the City of Akron.

Compliance with Applicable Policies and Regulations Deaccession and relocation of artwork will be done in a manner complying with all other applicable City of Akron, state of Ohio, and federal procedures, policies and regulations.

Existing Public Art Pieces At Time of Policy Adoption
Existing public art pieces on City owned property should be evaluated using the deaccession criteria to ensure they are appropriate for the City to continue to own and maintain the pieces. Those not meeting the deaccession criteria will be accessioned into the Akron Public Art Collection.

All public art pieces donated to the City of Akron must come with a plan to fund and deliver ongoing maintenance or the resolution accepting the public art must identify how maintenance of the donated public art will be funded.

Donation Requirements
The City will consider donations on the following basis:
● The donation contributes to and enhances the City’s public art collection
● The donation meets a standard of quality and is appropriate and meaningful to the community
● The donation follows required City procedures, including the submission of a Donation Proposal and a Maintenance Plan. Donation Proposal requirements are included in this policy. The requirements for the Maintenance Plan can be found in the Akron Public Art Program Policy and Procedure for Maintenance Policy
● The donation is made with the understanding no City funds will be required for production, siting, installation or ongoing operations and maintenance of the work without prior approval of the City of Akron
● The donation proposal includes a plan to fund and deliver ongoing operations and maintenance – or the resolution accepting the public art must identify how maintenance will be funded
● The donation proposal is reviewed and endorsed by the Akron Public Art
Commission and approved by the City of Akron
● The City will consider the following types of donation proposals for artworks for City-owned property:
o An already completed work of art
o An artwork by a specific artist or artists commissioned especially for a City-owned property.

The City will not accept a donation of artwork until all funds for development, fabrication, siting and installation have been secured.

Role of the Sponsor or Donating Artist
A donation of artwork must have a sponsor or co-sponsors who will prepare and present a donation proposal. The sponsor’s principal roles are to state the intent of the donation and be responsible for raising or providing the funding for its production, acquisition, installation and maintenance. Community groups or corporations can act as sponsors, provided they can demonstrate community support for the proposal.

Donation Proposal Procedures
All offers of artwork proposed for property under City jurisdiction must be made in writing and submitted by the sponsor to the City of Akron for review by the Akron Public Art Commission.

The donation proposal must contain the following for an already completed work or a commissioned artwork:
● Rationale for the intent, purpose and added value to the City of the proposed gift
● Brief statement about the artwork or project and biographical information about the artist, including résumé and supporting materials
● Project timeline
● Site plan showing the proposed location of the artwork, a photograph of the proposed installation site and surrounding environment
● Visual presentation of the artwork on the proposed site(s), including drawings,
photographs and models of the proposed work with scale and materials indicated
● Maintenance plan, including operations and maintenance information citing requirements for ongoing maintenance and associated costs
● Documentation of artwork ownership and statement authority and intent to transfer ownership to the City

The following information must be provided for a commissioned artwork to be created
especially for a City-owned property:
● Detailed budget with costs for the project, including site preparation, installation and insurance meeting City requirements
● Funding committed to date and proposed source(s) of funds Review Process

All proposals for donations of artwork must follow a three-stage review process:
1. Review by the City of Akron and the Public Art Commission utilizing the Donation Review Criteria (see below)
2. Evaluation by a qualified professional public art conservator and/or arts professional such as a museum director, curator, historian or writer/critic. This service will be procured by the City and paid for by the sponsor
3. Recommendations and findings from the conservator and/or arts professional will be presented to City Staff and the Public Art Commission. City Staff will prepare a report and request to be submitted to the Akron City Council for approval. If a donation is made, the Public Art Commission may recommend acceptance of the donation by the Mayor. If the Public Art Commission decides against accepting the proposal, City Staff, in collaboration with the Public Art Commission, will notify and provide a rationale to the sponsor and the artist.

Review Criteria
The donation review process will include, but will not be limited to, the following:
● City-owned Property – Donated public artwork must be located on City-owned or City-managed property.
● Relevance and Site Context – Works of art must be appropriate for the proposed location and its surroundings and/or complement the architecture, topography, history and social dynamic of the location in which it is placed;
● Artist and Artwork Quality – The artist demonstrates the ability and potential to execute the proposed artwork, based on previous artistic achievement and experience. The artwork must enhance the City’s public art collection.
● Physical Durability – The artwork will be assessed for long-term durability against theft, vandalism and weather. Public Safety and Liability – The artwork will be assessed for any public safety concerns as well as for any potential liabilities for the City.
● Sustainability – Consideration will be given to the environmental impact and sustainability of the proposed artwork, including its operations and maintenance requirements/costs.
● Legal – Proposed terms of donation, legal title, copyright authenticity, artist’s right
to reproduce, liability and other issues will be considered.

Memorial gifts will have an additional review process, which will include but not be limited to the following:

Timeframe – The person or historic event being memorialized must be deemed significant enough to merit such an honor. The person so honored will have been deceased for a minimum of twenty-five years.

Community Value and Timelessness – The person or event being memorialized represents broad community values and will be meaningful to future generations.

Location – The location under consideration is an appropriate setting for the memorial; in general, there should be some specific geographic justification for the
memorial being a specific site.

Art on loan or art on temporary display on City-owned property must meet the Donation Requirements above, follow Donation Proposal Procedures 1-9 above and be reviewed using Step 1 of the Donation Proposal Review Process. Art on loan or art on temporary display on City-owned property must not be accessioned or added to the City’s inventory list and master database.

If the proposal is accepted by the City of Akron, a formal agreement will be negotiated outlining the responsibilities of each party (the City, the sponsor[s], the artist and outside contractors, where applicable).

The agreement will address project funding, insurance, siting, installation, operations and maintenance, project supervision, vandalism, the right of removal or transfer, public safety and other issues as necessary.

The City of Akron will be the owner of the artwork and reserves the right to remove or alter the work to ensure public safety or because of any other City concerns. The City upholds copyright law and the Visual Artists Rights Act of 1990. Any changes will be made in consultation with the artist and sponsor(s).

The completed and installed artwork will be accessioned and added to the City’s inventory list and master database with all accompanying documentation.

In accepting a donation of artwork, the City of Akron will not be bound by any agreement with the donor restricting the City’s ability to act in the best interest of the City of Akron.

Nothing in the acceptance of a donation of artwork shall prevent the City from approving subsequent removal, relocation or deaccessioning of such donations if it serves the City’s best interest.

The City will deaccession and dispose of works of artwork in its collection in accordance with the Collection Management Policy.

The Akron Public Art Maintenance Program uses the Public Art Acquisition Account.

The Public Art Maintenance Program will be administered by the City of Akron under advisement of the Akron Public Art Commission through yearly evaluation and planning for maintenance of the existing collection.

The Program addresses:

● Accessioning and inventory of the City’s collection of public art
● Conducting a semiannual Survey and Condition Assessments of the collection
● Preparing a biennial Public Art Maintenance Plan
● Overseeing routine maintenance and special conservation treatment of the City’s public art collection
● Existing Public Art Pieces at Time of Policy Adoption
● Existing public art pieces on City-owned property should be evaluated using the deaccession criteria to ensure they are appropriate for the City to continue to own and maintain the pieces. If they do not meet the deaccession criteria, the pieces will be accessioned into the Akron Public Art Collection

Every five years the City of Akron will assess the condition of public art with a qualified professional conservator and develop a prioritized list of works in need of conservation or maintenance. This list will be the basis of the biennial Public Art Maintenance Plan.

Under this plan trained City staff may carry out routine maintenance. For work in need of a higher level of maintenance, specialized care or conservation treatment, the Program will utilize the maintenance funds available held in the Public Art Acquisition Fund.

Understanding maintenance and care of public art begins before an artwork is created.

During the design phase or when a donation is initiated, the City, artist or sponsor will review and analyze their design proposal and advise on maintenance and operations of the artwork.

On behalf of the City, the artist, sponsor or the appropriate party will submit a Maintenance Plan to the City of Akron and the Public Art Commission, which will review and catalogue any tasks associated with maintenance of the artwork.

The Maintenance Plan will enable the City and the Public Art Commission to:
● Evaluate the quality and sustainability of the proposed or existing public artwork
● Establish maintenance requirements, assign schedules and identify potential costs
● Determine whether the City of Akron should accept or decline the design proposal and/or public artwork Required Content of Maintenance Plan

To produce the Maintenance Plan, the artist should examine and render an opinion on the
following:
● Durability
● Type and integrity of materials
● Construction/fabrication technique
● Internal supports, anchoring and joining and footings
● Landscaping
● Vulnerable and delicate elements
● Drainage of artwork
● Potentially dangerous elements
● Security
● Location
● Environment
● Whether the design encourages/discourages interaction
● Effects of skateboarding, graffiti and any other potentially damaging activities.

The Maintenance Plan will include:
● A record of the artist’s intentions for the work
● Recommendations to mitigate potential problems discovered during the examination
● Notes about how the artist would like the work to age
● An itemization of long-range considerations and care, highlighting maintenance and the anticipated needs for periodic conservation treatment or repairs
● Identification of the lifespan of the artwork and a prognosis of its durability in consideration of that lifespan

Lifespan of an Artwork
This lifespan will be selected from one of four categories:
● Temporary: 0-2 years
● Short-Term: 2-10 years
● Medium-Term: 10-25 years
● Long-Term: 25+ years
The artwork may also be identified as site-integrated, or part of the site and/or the architecture, as appropriate and will fall into the

Long-Term lifespan category above.

The Maintenance Plan will be used to:
● Advise the Public Art Commission, City Department Directors and others who must review and approve design proposals or accept or decline donated public artwork
● Troubleshoot the production of construction drawings, the fabrication of the artwork and the preparation of the site
● Follow up on the artist’s recommendations
● Refer to during the post fabrication/installation inspection to prepare a final report and a punch list to complete the project

The City of Akron and the Public Art Commission, professional conservators and artists will strive to address the recommendations in the Maintenance Plan without unduly interfering with the aesthetic intent of the proposed public art.

Post-Fabrication/Installation Inspection
The Post-Fabrication/Installation Inspection conducted by staff will be based upon and follow-up on the Maintenance Plan carried out during the design phase. It will include the following:
● Ensure recommendations made in the Maintenance Plan and during fabrication were followed
● Confirm the artwork is executed as proposed and agreed upon
● Confirm there are no missing or incomplete elements
● Establish materials’ quality and stability are acceptable
● Establish fabrication quality and stability are acceptable
● Confirm installation is stable and secure
● Confirm stainless steel is fully and properly passivated
● Confirm, if required, protective coatings have been applied
● Ensure warranties for electronic and other media are submitted as necessary
● Identify any remaining vulnerabilities
● Confirm no new damage resulting from installation process
● Ensure the maintenance and operations plan is accurate; amend as needed
● Confirm the plaque/public notice meets program guidelines and is properly installed

The purpose of this guide is to help standardize and elevate communication from Commissioners and other non-staff members on behalf of the public art program. Please use this guide to inform your external communications.

Why Public Art?
Often one of the first questions those in the public art field are asked is basic: Why public art? The answer is multifaceted and may change based on the audience. The fundamentals on how to answer this question are outlined below:

● To reflect Akron’s cultural and ethnic diversity and the diversity of the visual arts, while building a publicly available collection of dynamic art celebrating the human spirit and condition
● To foster the development of independent artists by integrating their work into public places, civic infrastructure and private development
● To enrich the community through innovative and diverse Public Art
● To promote economic vitality in Akron through the artistic enhancement of public spaces

Mission
The Akron Public Art Program is dedicated to celebrating the cultural vitality of the people of Akron and promoting economic vibrancy throughout the City through the integration of high quality artwork into public places.

Guiding Principles
Akron’s Public Art:
● Establishes an identity for the City
● Elevates the cultural vibrancy of the community
● Is designed for a diverse and ever-changing audience
● Will be distributed citywide, focusing on areas where people gather
● Is sensitive to community histories, strengths and aspirations
● Is commissioned in an open, informed atmosphere
● Expresses the values and vision of the community
● Will be maintained for people to enjoy

Goals of the Akron Public Art Program

● Enhance the visual environment of public spaces for residents and visitors through a commitment to public art
● Strengthen the positive reputation, brand and stature of the City of Akron and its neighborhoods
● Promote and support the economic development and vitality of the community in a geographically equitable way through an investment in the public realm
● Promote distinctive and diverse artwork communicating the community’s sense of spirit, identity and pride
● Improve access to public art for all citizens of the city and advance understanding of its civic role
● Create opportunities for inclusion, education, engagement and civic dialogue among diverse citizens of the city
● Commemorate the city’s collective memory and history
● Celebrate the community’s cultural and ethnic diversity
● Use public art as an opportunity to promote collaboration with and support programs for tourism, cultural exchange and goodwill
● Advocate for artists and the important role the arts play in our community

What is the Public Art Commission?
In addition to communicating the importance of public art, Commissioners may also be required to communicate what the Public Art Commission is, what it does and how it does its work. This can be summed up by communicating the mission, goals and guiding principles of the Commission.

The set of principles below should govern how information is shared online. Whether on social media, via email or through other digital methods, keep these principles in mind.

Ensure Accuracy

The massive amount of information available online, much of it inaccurate, means we must pay close attention to verify information before sharing. This is especially true when sharing information as a Commissioner since your communication may be seen as representing the City and the Public Art Program.

Verify facts

Especially those in viral posts or memes - before sharing. Cite and link your sources when possible and ensure those sources are reputable news sources. Be on the lookout for false or misleading sites.

Maintain Transparency

Remember when you comment or post on social media, you are representing the Public Art Commission - even if posting in a personal context.

Be honest about your identity.

In personal or professional posts relating to public art, the Public Art Commission, or other city projects, identify yourself as a Commissioner. Be clear that you are sharing your views as an individual, not as a representative of the Public Art Commission.

Privacy Controls on Social Media

Even when using privacy controls, social media is inherently public. Screenshots of private posts can be shared. Search engines can turn up posts and pictures years after the publication date. If you would be uncomfortable with someone seeing your post, it’s best not to post at all.

Take the High Ground

You represent the Public Art Commission and by extension the city in your online activity. Participating in discussions online is important and useful, especially to people unable to attend in person meetings. Engage with people civilly, as you would in person or at a Public Art Commission meeting. If questions arise on how to engage appropriately, please contact the Office of Integrated Development before commenting.

Correct Mistakes

If you share inaccurate or incorrect information, be upfront and quick in correcting your post. Whether a blog or a social media post, state that you edited your post to correct a mistake or inaccuracy.

Monitor Comments

Most people who maintain social media sites welcome comments – it builds credibility and community. However, you may be able to set your account so you can review and approve comments before they appear. This allows you to respond in a timely way to comments. It also allows you to delete spam comments and to block any individuals who repeatedly post offensive or frivolous comments.

Content

When sharing or posting about public art or the program, it is important to effectively represent the program. The following topics should be the focus of posts relating to public art:

● The importance of public art
● Highlights of pieces in the collection
● Experiences with public art in Akron
● Anticipation of new public art in Akron
● Invitations to unveilings of new public art in Akron
● Reposted status updates from the City of Akron without altering the originals
● Experiences with public art in the region or while traveling outside of the region

In order to be effective in your digital and online communication, several mixed strategies should be deployed. This means sharing a variety of content and media as well as providing original commentary.

The following are the fundamentals that should be focused on in order to have a successful online presence.

Share Images

Social media are geared toward visual media. Sharing photos is a great way to reach people while visually illustrating your point.

Provide at least a short commentary on your photos.

Ensure they are lighted and focused well and contain interesting subject matter.

Share Videos

Video is a quick, easy and engaging way to share online. With the advent of live-streaming and the ability to easily share video, it is an important tool to use on social media. Use video when static images won’t fully convey the subject matter or intended point.

Pay attention to sound - either disable, provide intentional commentary, or allow useful ambient noise to play.

Share Articles with Commentary

A popular method of sharing on social media is sharing articles from online news outlets and other organizations.

Refer to the principals on sharing for guidelines on how to discern what to share.

When it comes to how to share, the key to ensure engagement is providing commentary on your personal thoughts on the article.Sharing personal stories can enhance the three methods of sharing above as sharing personal experiences and stories is one of the most impactful ways to engage online.

Personal stories don’t always need to disclose personal information, but should explain why public art is important to you and why others should care.

Never pretend to be someone else. Tracking tools enable supposedly anonymous posts to be traced back to their authors. Do not post something online unless you feel comfortable publicly identifying yourself.

Do Not Make Statements on Behalf of the Commission, City or Staff

If you publish content to any website and it has something to do with the work you do on the Commission or about public art, use a disclaimer such as: “The postings on this site are my own and do not represent the Public Art Commission’s positions, strategies or opinions.”

Do Not Use the City of Akron Logo or Make Endorsements

Do not use the City logo or any other Akron collateral or images on your personal online sites. Do not use the City, Commission or Staff’s name to promote or endorse any product, cause or political party or candidate.

The Akron Developer Guidelines are intended to provide developers with a comprehensive understanding of the power of public art as well as the process to place public art on their property.

Developers throughout the country are finding they can benefit in concrete ways from engaging artists and commissioning public art for their developments.

NOTE: When placing public artworks within Akron Right of Way or when utilizing city funds to place public artworks on private property, an application must be submitted to the Public Art Commission. This application can be found at akronpublicart.com.

Benefits of Public Art:
Public Art Creates a Unique Brand

Public Art can set the tone for your project and set it apart from other developments throughout the city.

Public Art Creates Community Trust

An investment in public art is an investment in public trust.

Public Art Attracts Businesses
Public art is a unique amenity helping developments attract and retain tenants and customers for your development.

Public Art Creates Pride in Residents
A public art project instills pride in the tenants of the development and accomplishes recognition from local media and attention from your peers.

What Is Public Art?
Public art is a dynamic field with new approaches and ideas emerging daily. However, for the purpose of achieving Akron’s goals for public art, you should consider several key aspects of “what makes public art.”
● Public art is created by professional artists, which means someone who has a track record of exhibitions or has commissioned visual or public art.
● Architects, landscape architects and other design professionals are not considered professional artists under this definition, unless they otherwise meet the criteria above.
● Public art is in places generally accessible to the public without having to pay.

● Public art is site-specific, created through a process that considers the social and physical context of its location, or is acquired with a specific location in mind.

What Is Not Considered Public Art?

The following are not considered public art:
● Reproductions or copies of original artwork, unless part of an artist-sanctioned limited edition
● Artworks that are decorative objects, unless created by an artist or mass-produced
● Features that are decorative, ornamental or functional elements of the architecture or landscape design, unless they have been commissioned from a professional artist as an integral aspect of a structure or site
● Features involving commercial expression related to the business or development where the artwork is located or otherwise would be considered a sign under the Akron zoning code

Your project and your artwork will become an important part of Akron’s landscape and the neighborhood where it is located. Each development project and site are unique. Early in your project planning you should set clear goals and determine an approach to public art that enhances the development project and supports the community’s broader goals.

Setting Goals
Every successful public art project starts with a clearly articulated set of goals that serve as guidance for decisions along the way. The goals can address how the artwork should relate to the site, what kind of artist would be best and how the community should be involved.

These goals are shaped by the values of the development company, the needs of the project, the official plans for the area where the project is located and input from the surrounding community

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Review Plans
The City of Akron has approved many plans setting out the community’s expectations for new development. These not only establish the framework for what you are going to develop but can help set your goals for public art and identify opportunities on your site.

Examine Context (Physical, Social, Cultural)
The goals and opportunities you identify for your project should consider the wider context. This can be learned from site observation and most importantly engagement with community leaders and stakeholders.

The physical context focuses on the way the site is seen and accessed from surrounding areas.

The social context includes the social and economic makeup of the surrounding community, including its assets and challenges. The cultural context includes an understanding of the community’s history, makeup and cultural infrastructure. Find out about local artists, special civic or cultural events, cultural facilities and organizations in the area and other organizations that can help foster connections between artists and the community.

Site Review
The opportunities you identify for public art should consider how the development will be seen and how it will be used.

What to Look For:
● Site lines to the development site and within the development site
● Major entries, circulation routes and gathering areas
● Locations where an artistic concept can be coordinated with architectural and site designs
● Areas physically or visually accessible to the public, including people of different ages and backgrounds

What to Avoid
Certain areas and project features are generally not conducive to public art, such as:
● Areas cut off from general public access and pedestrian activity
● Areas where an artwork will be difficult to maintain
● Areas primarily used for servicing or storage
● Features related to the project’s branding

To best get to an appropriate budget for the artwork, look at budgets for recent art projects of a similar scale, with similar materials and/or with a similar artistic approach. This can be done with the assistance of an experienced public art consultant or curator.

Funding for public art requires foresight and creativity. Include public art in your earliest project budgets, either as a lump sum or a percentage of your costs. In some cases you can stretch your funding by commissioning an artist to create an element already in your project budget, such as a seating area, fencing, wall treatments, lighting and landmark features. In these cases you would assign your baseline budget to the artist and add incremental funds for the artist’s fees, coordination and special design, fabrication and
installation conditions.

Some developers also stretch their funding by assigning marketing or community engagement budget lines to public art projects serving those purposes.

Setting the right budget is one of the most important decisions in developing a successful public art project. The overall project budget should encompass the cost of the artwork (design, fabrication, installation and anticipated maintenance) as well as costs, outlined below.

Artist Fees
The artist’s budget generally encompasses all phases of design, fabrication and installation. The artist will develop a budget breakdown as part of their design development process.

The budget’s breakdown between design, fabrication and installation will depend on many factors, including the design’s complexity, the medium, the project’s scale and the demands of the site.

Artist design fees generally range from 10 to 20 percent of the overall project budget but can be more if the design is particularly complex, requiring computer modeling or complex engineering, if the timeline is tight or if the artist is in high demand. The artist may also budget time for themselves or their studio to manage the project, to fabricate all or part of the work and to participate in installation.

Some artists fabricate their own work, others work with outside fabricators. In most cases the artist will work with a fabricator of their choosing and hold the contract with the fabricator. The fabricator’s cost estimate is incorporated into the budget breakdown the artist develops.

Most artists typically hold the contract for installation as well. In some cases it may be easier for you to hold that contract, especially if work is happening in coordination with other contractors on the site. The artist or their representative should always be present for installation.

Additional Costs
There are some additional costs you should be prepared for that are typically handled outside of the artist’s budget.

Site Preparation
You may need to set aside funding to prepare the site for the artist to bring in their work.

For murals, this might include cleaning and priming the surface (or repairing and tuck-pointing an existing masonry surface). For sculpture or other installations this may mean grading or foundation work, bringing electrical or other utilities to the site and more.

There may be instances when you want the artist to take responsibility for some elements of site preparation. These conversations should happen as the artist is developing the design and budget and should be memorialized in a contract or letter of agreement.

Coordination with Your Design Team
If you are commissioning an artist to create an artwork as part of new construction or renovation, you will likely need the artist to coordinate their work with members of your design team.

The design team’s role may include participating in artist selection, sharing architectural drawings, plans and project briefs with the artist, participating in work sessions with the artist during the design development process, reviewing and providing aesthetic and technical feedback on artist designs and incorporating elements of the artist’s work, as needed, into architectural plans and bid documents.

These expectations should be
communicated up front to the design team and an appropriate budget should be set aside to compensate the design team for their time.

Signage
Set aside funds for a durable plaque or sign to be placed near the artwork. It should indicate, at a minimum, the artist, title, year, media and who commissioned the artwork.

Communication and Dedication
Budget time and funds for preparing press releases, marketing materials and, if desired, a dedication and/or celebration for the work.

Maintenance and Conservation
Public art requires regular maintenance and occasional conservation. While these costs may not be part of the budget, you should anticipate these annual budget items.

Contingency
Every budget should start with a contingency. Depending on your and the artist’s uncertainties about different budget items, a contingency should start between five percent and twenty percent of your project budget. You can narrow your contingency as the project evolves and costs become clearer.

Your schedule will depend on a variety of factors, particularly the nature and complexity of your project and the degree of integration into the design and construction. You should be sure to allocate time for:
● Finding an appropriate artist: This includes time to research artists, collect and review their qualifications and interview candidates. Be aware the artists you are interested in might have other commitments preventing them from starting right away. Building in buffer time for getting the artist on board will allow some
flexibility for scheduling your kickoff.
● Finalizing the contract: Expect this to take twice as long as it should.
● Design development: There are typically several steps in the design
development process, beginning with hiring the artist(s). Depending
on the nature and complexity of the project, the artist may need four to eight weeks for developing an initial concept design and then up to four months to prepare design documents, especially if there is complex engineering involved.
● Fabrication and installation: These depend on the nature of the project. For a small mural an artist may require a few weeks to mobilize and paint. For a complex sculpture or integrated installation, this stage could be a minimum of six months to a year.

A professional artist is considered at least 18 years of age with a minimum of two years of commissioned public art or visual art exhibition history, not including work created during or for undergraduate education.

Your public art consultant or the Akron Public Art Commission will be your most important resource in identifying an appropriate artist. These professionals will have vast knowledge of artists who could be appropriate for your project, research capabilities and networks and connections that will help you get a response from artists you are interested in.

Selection Process

Selection Team

An important first step in selecting an artist is deciding who will facilitate your process and who will be involved in decision-making. Your public art consultant will play a key role in facilitating the section by ensuring appropriate information is collected from artists and facilitating your team’s review of artist qualifications, selection of candidates and review of artist proposals.

Usually a selection panel is created to advise the sponsor or owner of the project. The panel would have a representative of the sponsor, as well as one or more members of the design team, one or more community stakeholders and independent arts professionals.

This group will advise on the selection of the artist and the review of the concept design. You may also want to pull in an engineer, conservator or individuals with other types of technical expertise for reviews of the artist’s designs.

Qualifications

The next step is to solicit qualifications from artists. Artists typically are asked to provide images of completed projects (their portfolio) with an annotated description of each project, including the location, media, dimensions, client and budget; a resume; references;and a letter of interest. Upon review of qualifications, you may know which artist you want to work with, or you may decide you want to interview and/or solicit proposals from more than one artist.

Interview

Once you have narrowed your list down, you may want to interview these candidates to discuss how they would approach your project, where they get their inspiration, how they work with a client and design team, their research and community engagement process,etc.

Competitive Proposal

In addition to the interview, you may decide you want one or more artists to develop specific concepts for your consideration prior to selecting them as the artist for the project.If this is the case, artists should be offered a stipend to cover the time spent developing the proposal and any expenses incurred, such as travel. Many experienced artists will not prepare proposals without being compensated, as crafting a proposal is a core aspect of the services an artist provides.For the proposal phase, you should develop a brief letter of agreement with the artists.

According to copyright law artists own the concepts they develop and you will not be able to give concepts to other artists or fabricators to execute unless you obtain the original artist’s permission.

Once you have selected an artist for the project, you will need to draft and negotiate a contract to confirm your agreement with the artist or their studio. The contract should outline various rights and responsibilities of each party. The contract typically includes:
● Budget, timeline, fee and payment schedule
● Design review, revision and approval process
● Responsibility for design, fabrication and installation of the artwork
● Responsibility for improvements to the site where the artwork will be located, including foundations, structural support, lighting, landscaping and signage
● Responsibility for permits and approvals
● Warranties made by the artist regarding the artwork’s originality, soundness and durability
● Insurance requirements for design, fabrication, transportation, installation and warranty phases
● Artist moral rights, copyright, rights of reproduction and licensing
● Protocols for involving artist(s) in conservation, repair, relocation, de accession and changes to the site

Intellectual Property and Moral Rights
When you commission an artist to create an artwork, you should be aware the artist will own the copyright to the work and have moral rights in the work, according to federal law.

Artworks are generally not considered works for hire.
Copyright is a property right allowing the artist (or the person or entity to whom he or she transfers the copyright) to prevent unauthorized copying, publishing or other use of his or her copyrighted work. According to copyright law the creator automatically retains the copyright of the completed artwork and of any designs developed during the design development process.

Many experienced artists will not enter a contract requiring them to
give up their copyright. Developers experienced with commissioning public art do not want to be responsible for enforcing copyrights.

Moral rights provide for the proper attribution and integrity of an artwork, in order to protect the reputation of the artist. Generally, if you wish to alter or relocate an artwork you have commissioned, you must obtain the artist’s permission in writing. Moral rights exist for as long as the artist is alive.

If you would like to use images of the artwork in the marketing of your project, you should negotiate those permissions and terms when negotiating your contract with the artist.

Warranties
There are two types of warranties a public art contract generally outlines. A warranty of title recognizes the artist is responsible for assuring the work is original and does not infringe any copyright.

A warranty of quality and condition outlines the artist’s responsibility for fabricating the artwork in quality materials, in accordance with professional standards and with a
sensitivity to the nature and long-term behavior of materials and methods used and the conditions of the installation site (including weather, temperature, type and density of audience and other environmental and architectural features). The artist’s warranties
relating to the condition and quality of the work are generally limited to a year. If there are elements of the artwork covered by a manufacturer’s warranty, the owner should work with the artist to get the longest possible warranty on covered items.

Insurance
If the artist is going to be working on your site or driving a vehicle in the course of their work, you may want to request they provide you with a certificate for commercial general liability insurance and that the artist’s subcontractors have named the artist as additional insured. Artists typically are not able to acquire professional liability insurance because “artist” is not a licensed profession. If the artist is working with an architect, engineer or similarly licensed professional, you may want to request those professionals provide an endorsement on their insurance.

Project Documentation and Maintenance Protocols
It is customary for a contract to require an artist to provide project documentation and maintenance protocols as a deliverable. This would include:
● An inventory of materials used in the artwork, the sources of the materials and any product information available from the manufacturer
● Contact information for fabricators and other subcontractors who may have worked on the project
● Instructions from the artist about how to clean and perform routine
maintenance on the artwork
● A report from a conservator on how to perform preventative maintenance and flagging potential conservation issues

The design phase of the project development process for public art projects is in many ways like an architectural design process, with concept, schematic and final design documentation phases.

Community Engagement
At the outset of your project it is a good idea to map out goals and strategies for working with the community where your development is located. The community is likely to take a
great interest in your public art project. Some developers find that including public art in their projects is a way of creating additional community goodwill.

At a minimum it is a good idea to keep your neighbors informed about your plans. Consider announcing the artist selection and artist concept as you would other important milestones in your project.

Some developers see public art as a way to highlight, celebrate or reflect on something unique about the site and/or the surrounding community. Consider asking your artist to meet with community leaders as a way of collecting information that would inform their project.

Depending on the circumstances, you may consider engaging the community more directly. Some developers have worked with artists and arts organizations experienced at such participatory practices as community paint days or workshops.

Your public art consultant or the Akron Public Art Commission can you help you map out goals and a strategy for working with the community.

Concept Design
In the concept design phase the artist develops and presents to the selection team a physical rendering of the artwork (drawings, digital renderings, models, etc., depending on the working method of the artist), a list of the materials, a narrative description of the work,
specifics on siting, a description of special considerations regarding site work and installation, a preliminary budget breakdown and a preliminary schedule.

The artist may want to conduct site visits, meet with the design team, meet with project stakeholders and/or engage in research to help inform their concept design.

Schematic Design
Once you have signed off on the concept design, there may be a need to develop the design further in a schematic design phase. In this phase the artist provides more specific information regarding siting, fabrication methods, materials, budget, timeline, project coordination and approvals.

Final Design Documentation
The final design phase includes structural drawings detailing every physical feature of the construction of the artwork and its integration with the site. Where appropriate, the artist should be responsible for having a qualified licensed engineer provide certification that the artwork will be of adequate structural integrity and provide signed and stamped drawings.
In some cases, the owner may request the artist also present the final design to a qualified conservator to make recommendations on the maintenance and conservation of the work.
The final design documentation also should include an updated narrative description of the artwork, a final budget and a final timeline for fabrication and installation.

Fabrication and Installation
Once you have accepted the final design documentation, you should give the artist notice to proceed with fabrication. Regular check-ins, photographic documentation and physical site visits will help ensure the fabrication is on schedule and in substantial conformity with the approved design.

In most cases the artist is contractually responsible for the installation. The installation should be closely coordinated with the owner to ensure the site is ready to accept the work, there is appropriate room to stage the installation, all permits have been pulled, proper equipment and workers are available and other relevant details are in order.

Depending on the location of your project, you may need to discuss your plan for public art with the Planning Department. Check its web site for more information on any design overlays, historic preservation guidelines and the downtown code. All have specific architectural standards.

Your public art should not be a commercial advertisement. If it is, you will need to follow the sign permit process with the Planning Department.

If your project encroaches into the
Right of Way, contact Public Works for a Right of Way permit. This will trigger an approval process by the Akron Public Art Commission.

At the outset of your project it is a good idea to map your goals and strategies for communication about your public art project.

You may consider a range of goals, from attracting positive attention to your project to ensuring the community resource you are providing can be enjoyed by as many people in the community as possible.

To accomplish this you may consider a range of strategies, from press releases to presentations at community meetings, from signage on site to online resources. Your public art consultant can help you map out goals and appropriate strategies for marketing and communication.

Congratulations! Your project is complete!

Close out of Project
There are a few final things to do to ensure the artwork remains a valuable part of your development project and is enjoyed by the community for years to come.

Transfer of Title
The title to the artwork generally passes to the owner upon final acceptance of the artwork. This step should be outlined in the contract. You may also want to consider a “Transfer of Title” exhibit in the contract signed by the owner and the artist once the work has been completed and accepted by the owner.

Project Documentation and Maintenance Protocols
The artist should provide the project documentation and maintenance protocols described in the section on Artist Contracts.

Dedication and Celebration
A dedication is a great way to acknowledge the artist and all the people who helped make the project possible, as well as to get broader attention for the project.

Dedications can be small, invitation-only celebrations or larger community events, depending on goals and budget.

Maintenance and Conservation
Once you have accepted the artwork, you are the owner of the artwork and are responsible for its maintenance and conservation.

Maintenance is the routine care and repair of works of public art not requiring specialized expertise (e.g. dusting, washing, changing light bulbs, lubrication of moving parts, etc.).
Property maintenance staff should be informed and, if necessary, trained on any special requirements for maintenance. Materials needed for maintenance should be kept in stock.

Conservation is the regularly scheduled examination, documentation, treatment and preventative care of an artwork conducted by a professional art conservator. The owner should have the work inspected by a professional conservator every two years, or as recommended by the artist, to document and treat any conservation needs.

Maintenance and conservation should be guided by the instructions provided by the artist.

As the property owner, you also own the artwork and can determine how to handle the artwork if the property is sold. There are several practical issues to consider. If the artwork is integrated, it would likely be difficult to remove, and would remain on the property after the sale.

If the artwork is not integrated, you should consider the intentions of the artist and the concerns of the community.

Most likely, the community will consider the artwork part of its location and the removal of the artwork could become a public issue. If you would like to remove and relocate the work and the artwork was created specifically for that site, you must consider the artist’s moral rights in the artwork, under the Visual Artists Rights Act, discussed in the section on Artist Contracts. If the artwork is included in the sale of the property, you should transfer the title to the artwork and ensure the new owner has all records pertaining to the artwork, including the maintenance and conservation instructions and history.

For the purposes of this division, the following terms, phrases, words and their derivation shall have the meaning given herein:

Akron Public Art Collection when used herein shall mean all works of art owned by the City of Akron, Ohio.
Art or Artwork when used herein shall mean works in any permanent medium or combination of media produced by a professional practitioner in the arts. For the purposes of this division, the terms art and artwork do not include performing or literary arts such as dance, music, drama or poetry.

Artist means a practitioner of the creative arts, generally recognized as such by critics and peers, with a body of work including commissions, exhibitions, sales, publications and collections. For the purposes of this document, “artist” shall not include persons primarily working in the professional fields of architecture, engineering, design or landscaping.
Artist Selection Process is the process by which artists’ proposals are reviewed and interpreted based on the selection criteria.
Arts Master Plan or Plan when used herein shall mean the Public Art Master Plan of the City of Akron, Ohio, as it exists or may be amended. The Arts Master Plan shall provide a process for the systematic selection of pieces of art and locations of art to be included in public spaces.
City when used herein shall mean the City of Akron, Ohio.

Commission when used herein shall mean the Akron Public Art Commission of the City of Akron, Ohio.
Commissioner when used herein shall mean the members of the Akron Public Art Commission.

Deaccession means a procedure for the withdrawal of an artwork from the Permanent Collection and the determination of its future disposition.

Public Art means a work of art visible and accessible to the public for a minimum of 40 hours per week.

Public art may include sculpture, painting, installations, photography, video, works of light or sound or any other work or project determined by the Public Art Commission, provided none of the following shall be considered public art:
o Objects mass produced of standard design, such as banners, signs, playground equipment, benches, statuary, street or sidewalk barriers or fountains
o Reproduction by mechanical or other means of original works of art, except as incorporated into film, video, photography, printmaking or other derivative works as approved by the Public Art Commission
o Decorative, architectural or functional elements designed by the building architect or landscape architect as opposed to an artist commissioned for this purpose; or Landscape architecture or gardening, except where these elements are designed by
an artist and are an integral part of a work of art

Public Art Acquisition Account when used herein shall mean funds used for the acquisition and commissioning of public art for the City of Akron. The public art acquisition account is a separate, special fund as part of the City’s overall finances into which public art donations and funding are deposited, transferred and used for acquisition, commissioning, exhibition and conservation of public art as recommended by the Public Art Commission and approved by the Mayor.

Public Art Annual Work Plan when used herein shall mean the annual work plan developed by the Public Art Commission with staff, detailing the public art projects and funding levels recommended for the upcoming year. The public art annual work plan shall be submitted to City Council for approval as part of the annual budget.

Public Art Commission when used herein shall mean a nine-member body serving principally in an advisory capacity to the Office of Integrated Development.

Public Art Program when used herein shall mean the Public Art Program of the City of
Akron, Ohio continued by this division.

Public Space when used herein shall mean any area or property accessible or visible to the general public a minimum of 8 hours per business day.

Publicly Owned Land when used herein shall mean any land open to the public and managed by the City of Akron, Ohio.

Relocation means a procedure for the movement of an artwork from one location to another.