PURPOSE

The purpose of the Design Enhancement Office is to support a public process for incorporating artist services and artworks in the design of civic spaces and capital projects and to define the program's policies and guidelines for acquiring and commissioning art of the highest standards which shall enrich the quality of life for all residents and visitors of San Antonio.

GOALS

The goals of the Public Art and Design Enhancement Program are to create a better visual environment for the residents and visitors of San Antonio, to integrate the design work of artists into the development of City eligible capital improvement projects, and to promote tourism and the economic vitality of the City through the enhancement of public spaces. The Public Art and Design Enhancement Program specifically seeks:

• to encourage the selection of artists at the beginning stages of each project who can work successfully as members of the project design team, and to encourage collaboration among all arts and building disciplines;
• to foster quality design and the creation of an array of artwork in all media, materials and disciplines that best respond to the distinctive characteristics of each project site and the community that it serves;
• to select experienced artists who represent the diverse cultural landscape of San Antonio;
• to encourage the selection of design enhancements that are accessible to the public and respect the historical resources and mobility of the citizenry;
• to encourage artists, design enhancements and programs for open spaces, parks, infrastructure and facilities that contribute to neighborhood revitalization and enhance the quality and pride of neighborhoods in the City;
• to encourage participation by citizens in the process of acquiring and commissioning of Design Enhancements;
• to encourage the role of design enhancements in enhancing economic development and cultural tourism;
• to encourage the role of artists and design enhancements in the functional design of eligible capital improvement projects;
• to exhibit art in designated City facilities for the enjoyment of the public and to heighten awareness and appreciation for local artists; and
• to maintain the City Art Collection.

FUNDING

(a) Design Enhancement Allowances
All design enhancement allowances will be developed and maintained within applicable City infrastructure and capital improvement budgets, including eligible bond and grant funded projects and adhere to established timelines. The allowances identified for design enhancements may be used for artist design services, for the development of design concepts and models, for the placement, and installation of the enhancements. Design Enhancements may be permanent, may be integral to the architecture or may be incorporated into the City eligible capital construction project. Integration of artists design concepts into the project architecture should be ensured, insofar as is feasible, by the concurrent selection of the artist(s) with the architect or project designer. The Public Art and Design Enhancement Program should encompass the broadest possible range of expression, media and materials.

(b) Development of Annual Design Enhancement Plan

(1) The Department of Public Works through the Public Art and Design Enhancement Program shall review with City Departments all planned capital improvement projects to determine if they are eligible for design enhancement treatment. In general, projects should be identified as early as possible, prior to appropriation by City Council, and whenever possible, prior to the selection of the project architect.

(2) The Department of Public Works through the Public Art and Design Enhancement Program will use the following criteria for identifying and recommending capital projects suitable for public art and/or design enhancement treatment: a) Available public art and or design enhancement opportunities, b) Size and scope of project, c) Community or neighborhood sensitivity and diversity of communities served, d) Opportunities for community participation and educational impact

(3) The Department of Public Works shall discuss each eligible project with the assigned architectural and departmental staff to develop a project description, allowance, and timeline.

(4) The Department of Public Works through the Public Art and Design Enhancement Program shall review and present all eligible capital improvement projects to the City Council as part of the Capital Improvements Program. This plan may include the proposed design enhancement projects, recommend the specific approach to design enhancement in each of the projects and define the artist selection processes.

(5) The Department of Public Works through the Public Art and Design Enhancement Program may, from time to time during the course of the year, modify the Design Enhancement Plan.

(c) Gifts, Grants and Awards
Gifts, grants and awards of monies obtained hereunder may be accepted by the City of San Antonio upon City Council approval, and said monies shall to be credited to the Public Art and Design Enhancement Program. Any gifts, grants and awards received subject to a condition shall be expended strictly in accordance with such condition.

ELIGIBLE AND INELIGIBLE DESIGN ENHANCEMENTS

(a) Eligible Design Enhancements
It is the policy of the Department of Public Works that all design enhancements commissioned or acquired by the City through the Public Art and Design Enhancement Program be designed by a professional visual artist, craftsman or an artist or craftsman in collaboration with the project architect, landscape architect or engineer. Such artworks may include, but are not limited to the following:

(1) The incremental costs of infrastructure elements, such as sound-walls, utility structures, roadway elements and other items if designed by an artist or design team that included an artist co-designer.

(2) Artistic or aesthetic elements of the overall architecture or landscape design if created by a professional artist or a design team that includes a professional visual artist.

(3) Earthworks, neon, glass, mosaics, photographs, prints, calligraphy, any combination of forms of media including sound, literary elements, film, holographic images, and video systems; hybrids of any media and new genres.

(4) Murals or portable paintings in any material or variety of materials.

(5) Sculpture: freestanding wall supported or suspended; kinetic and electronic in any material or combination of materials.

(6) Temporary artworks or installations, if such artworks serve the purpose of providing community and educational outreach purposes.

(7) Enhancements that are an integral part of architecture, landscape architecture, and landscape design.

(b) Ineligible Design Enhancements
Design enhancements that are mass-produced or of standard manufacture, such as playground equipment, fountains or statuary elements, unless incorporated into an artwork by a project artist, or reproductions, by mechanical or other means, of original artwork, except in the case of film, video, photography, printmaking or other media arts.

RESPONSIBILITIES

(a) Department of Public Works
The Department of Public Works shall:

(1) administer the public art and design enhancement Allowances, Artists Registry, and the Artist Selection Panels;

(2) implement policies and procedures relative to applying for and accepting gifts and grants, and de-accessioning, relocation, maintenance, repair, and alteration of the City Art Collection;

(3) act as a liaison between Artist Selection Panels, the Public Art Committee, City Departments, Artists, Design and Building Professionals and the Public;

(4) develop a Public Art and Design Enhancement Plan linked to Eligible City Capital Improvement Projects;

(5) maintain an inventory of publicly accessible spaces which are potential sites for placing artworks and/or art projects;

(6) present to City Council for acceptance all cash gifts given for the purpose of purchasing or commissioning artworks;

(7) discuss with all City Departments and project designers the possibility of their acceptance and placement of a gift or loan of an artwork to the city at specific sites;

(8) discuss with City Departments with eligible sites for the placement of a gift or loan of an artwork the cost of care and maintenance of said artwork; and

(9) select three (3) at large Public Art Committee members who shall be advisory and non-members of the Historic and Design Review Commission.

(b) Other City Departments
Other City Departments shall:

(1) plan, develop and coordinate with the Department of Public Works regarding existing and future sites for the incorporation of artworks and artist services.

(2) develop and implement artwork projects at specific sites.

(3) assess information and coordinate with the Department of Public Works on proposals for gifts or loans of artworks and monies.

(4) inform the Department of Public Works on any departmental activity related to the development and implementation of artwork and artist services.

(5) assist the Department of Public Works in allocating funds, monitoring projects budgets and educating the public.

(6) inform the Department of Public Works on planning for targeted improvement areas, which could potentially incorporate an art project.

(c) Public Art Committee
The Public Art Committee shall:

(1) be composed of seven (7) persons from within and outside the Historic and Design Review Commission's membership. At least four (4) of the seven (7) members of Public Art Committee (PAC) shall be members of the Historic and Design Review Commission. Members of the PAC shall be limited to one two year term; however, of the initial appointments, four (4) shall hold a term of two (2) years and three (3) members shall hold a term of one year; and

(2) have a chairperson and shall be initially selected by the Chairperson of the Historic and Design Review Commission, and shall have a term of one year. Subsequent chairpersons shall be elected by the PAC for one-year terms to manage the functions of the committee.

(3) review and make recommendations on all final design enhancement projects to the Historic and Design Review Commission and following the criteria set forth in the section regarding Selection of Artists; and

(4) review and make recommendations on all proposed gifts and loans following the criteria set forth in the section regarding Guidelines for Gifts and Loans; and

(5) review and make recommendations on the de-accessioning of artworks following the criteria set forth in the section regarding Guidelines for the Review and De-accessioning of Art; and

(6) review and make recommendations on the conservation, maintenance, repair, or alteration of artworks in the City Art Collection; and

(7) review and make recommendations on the inventory of artworks in the City Art Collection, which shall be periodically inspected; and

(8) develop, promote, and preserve aesthetic excellence in public spaces for San Antonio residents and visitors.
The Public Art Committee shall not bind the City of San Antonio by contract or otherwise. In order to avoid conflicts of interest, no member of the Public Art Committee shall vote or participate as a member in any matter that materially affects the property, income, or business interest of that member or in which the member holds a substantial interest. Such member shall give notice of abstention form voting prior to the taking of a vote.

(d) Artist Selection Panels
Artist Selection Panels shall:

(1) be composed of six members including: one project design architect or engineer, one Department project manager or architect, two community members from the area where the project is located, one individual knowledgeable in Design Enhancement, and one Public Art Committee member.

(2) make recommendations to the Department of Public Works, and the Public Art Committee on design, execution, placement, of design enhancement projects in connection with specific capital projects.

(3) make recommendations to the Department of Public Works on appropriate method(s) of artist selection, commissioning, placement and execution of artworks related to the design of each appropriate project.

(4) review the Artists Registry, artist's applications and make final recommendations to the Department of Public Works and on the artist(s) applying for the specific projects.

(5) review and select artists taking into consideration the recommendations of the Department of Public Works and the criteria established by the Public Art and Design Enhancement Program.

(6) cease to exist once the artist(s) is selected and approved.

(7) shall not bind the City of San Antonio by contract or otherwise.

(8) Conflicts of Interest - No member of the Artist Selection Panel shall vote or participate as a member in any matter that materially affects the property, income, or business interest of that member or in which the member holds a substantial interest. Such member shall give notice of abstention form voting prior to the taking of a vote.

(e) Artist(s):
The Artist(s) shall:

(1) submit credentials, visuals, proposals and/or project materials as directed for consideration by the Artist Selection Panel.

(2) conduct necessary research, including attending project orientations and touring project sites, when possible.

(3) design, execute, complete and transfer title of the artwork in a timely and professional manner.

(4) work closely with the project manager and/or other design professionals associated with the project.

(5) submit to the Department of Public Works, the Public Art Committee, and the Historic and Design Review Commission, any significant changes in the scope of the project, color, material, or design of the approved artwork.

(6) make public presentations, conduct community education workshops or a residency, as required by the contract with the City of San Antonio.

(7) provide a maintenance plan that includes a list of materials, diagrams, names of fabricators describing processes used in fabricating the artwork, and the descriptions and drawings of installations, specifications and details of connecting methods.

SELECTION OF ARTISTS

(a) Criteria
Whenever possible, the selection process shall begin at the conceptual stage of the project so the artist(s) will be able to integrate art concepts and artworks with the design of the specific projects and or sites. Early participation also allows for dialogue between the artist(s), the community the project serves and architect or designer to discuss the design processes and the inclusion of specifications for the artwork's site preparation that are subject to zoning, design, and construction codes. The selection of artists or artworks must meet the following criteria:

(1) The design capabilities of the artist(s) and the inherent quality of the artworks.

(2) All media forms of visual arts may be considered, subject to any requirements set by the Artist Selection Panel or the Department of Public Works through the Public Art and Design Enhancement Program.

(3) Design enhancements of all schools, styles, and tastes should be considered for the Public Art and Design Enhancement Program.

(4) Design enhancements should be appropriate in scale, materials, form and content for the immediate social and physical environments with which they relate.

(5) Consideration should be given to structural and surface integrity, permanence and protection of the artwork against theft, vandalism, weathering, excessive maintenance and repair costs.

(6) Consideration should be given to the fact that Design Enhancement, as defined by the Program, is a genre that is created in a public context and that must be judged by standards that embrace factors other than the aesthetic, including public participation, social and political attitudes, and functional considerations. Design Enhancement may also serve to establish focal points, terminate areas, modify, enhance or define specific spaces, establish identity, or address specific issues of urban design.

(7) Design enhancements should be examined for unsafe conditions or factors that may bear on public liability.

(8) The Public Art and Design Enhancement Program should strive for diversity of style, scale and media. The program will also strive for an equitable distribution of artworks throughout the City, subject to sources of project funding.

(9) Consideration shall be given to the clarity and appropriateness of the budget for each specific project.

(10) The artist selection process shall ensure that the interests of all concerned parties are represented, including the public, the art community and the City Departments.

(b) Methods of Selecting Artists

(1) Design Team Selection
The design team of a project may directly select an artist(s) following the criteria set forth in the section regarding Selection of Artists.

(2) Limited Competition
The artist selection panel may invite a limited number of artists to submit credentials or proposal.

(3) Open Competition
Any artist may submit credentials or proposals, subject to any requirements established by the Artist Selection Panel or the Department of Public Works. Calls for entries for open competitions shall be sufficiently detailed to permit artists to determine whether their work is appropriate to the project under consideration.

(4) Direct Selection
The artist selection panel may directly select an artist(s). Generally, direct selection will not be employed except on those projects where an open or limited competition would be inappropriate or impractical, such as a very urgent project timeline or very specific project requirements.

(c) Limited Competition Selection Process

(1) The Department of Public Works' Public Art and Design Enhancement Program in consultation with appropriate City Departments shall define the scope of work, project criteria, budget, develop a community profile, assemble the Artist Selection Panel and outline the selection process.

(2) The Department of Public Works shall brief the Artist Selection Panel on the project and makes appropriate modifications according to the Panel's recommendations.

(3) The Artist Selection Panel shall review the Artists Registry or other sources recommended by the Department of Public Works and select a predetermined number of finalists to be interviewed. Depending on the scope of work and timeline of the project, the selected finalists may be required to submit their qualifications or a project proposal to the Panel. If the finalists are to submit a project proposal, the Department of Public Works shall present finalists with information pertaining to the selection process and the project, including a site and community profile. The Department of Public Works or the project architect may set a meeting with the artist to discuss the site and/or project.

(4) The Artist Selection Panel shall interview the finalists and review the artists' qualifications or proposals, on a predetermined date. Qualifications may include a resume and samples of artist's past work. Proposals may include models, drawings, and a written statement. After all interviews and reviews have been concluded, discussion between panel members will begin based on the material presented, discussion with finalists, project scope of work and criteria. Final artist selection will be a majority vote. Panel's recommendation of selected artist(s) will be transmitted to the Design Enhancement Advisory Committee.

(5) The Department of Public Works shall request a formal proposal from the final artist(s) selected, specifying the time frame for proposal development, payment schedule, ownership and copyrights. All materials related to the proposal including models, drawings etc. will be property of the artist, but the City shall have the right to exhibit and use them for educational and promotional purposes.

(6) Open Competition Process - The Artist Selection Panel may decide to hold an open competition for a specific project. The Department of Public Works shall prepare and distribute a project announcement to all artists in the Artist Registry as well as other venues. The Artist Selection Panel shall review all the applications and select a predetermined number of finalists. The limited competition process would then follow.

(d) Direct Commission Process
In special circumstances, the Artist Selection Panel may decide, by unanimous decision, on commissioning one artist to work on a project.

(e) Final Recommendations
The Public Art Committee has the responsibility of recommending an artist's proposal or artwork for a project to the Historic and Design Review Commission for final design approval.

(f) Contracts, Fabrication, Installation, Maintenance of Artworks, and Artists Registry

(1) Design teams selected for projects eligible for design enhancement treatment will be contracted to provide architects/engineering and unique design enhancement features. Contracts will be negotiated between the project lead consultant and the artist in consultation with the Department of Public Works. The artist may be asked to prepare a budget that includes costs for fabrications, materials, labor, transportation, site preparation and installation, insurance, artist fee and a contingency fund. Contracts will require artist to develop a Maintenance Plan for the artwork, which must be submitted to the Department of Public Works before final acceptance of artwork by City is issued.

(2) Fabrication of the artwork will be by the artist or under the artist's direct supervision.

(3) Installations shall be coordinated between the Department of Public Works through the Public Art and Design Enhancement Program and the appropriate representatives of each Department having jurisdiction over the site and/or construction. Whenever possible, the installation of artworks will become part of the final project's construction contract, and will be executed by the contractor under the artist's supervision.

(4) All routine maintenance and repairs of permanent design enhancements, including cleaning shall be the responsibility of the City Department housing the artwork, in consultation with the Department of Public Works. Each Department that houses the design enhancements shall notify the Department of Public Works whenever it believes an artwork requires attention. City Departments may request from the Department of Public Works guidance in maintenance, cleaning and curatorial services for the City Art Collection. When applicable, artwork that requires any maintenance shall follow the specific instructions and specifications listed under artist's Maintenance Plan.

(g) Documentation
The Department of Public Works through the Public Art and Design Enhancement Program shall document the selection process and critical stages of specific projects such as fabrication and installation. The documentation will be used for the production of City promotional material and self-guided tour brochures. A video and still photography of each project may be part of the documentation. This documentation will be used as a promotional, educational and archival resource. All records relating to all projects such as contracts, correspondence, memoranda, proposals, models, and billings will be kept by the Department of Public Works.

(h) Artists Registry
The Department of Public Works will administer an Artists Registry accessible to all local, regional, national and international artists interested in applying. This will ensure that the largest numbers of artist will be accessible to all Design Enhancement projects and programs. The Artists Registry will be used as a resource by the Artist Selection Panels for commissioning artists and art works. The Department of Public Works will periodically post notice of the registry and application and will use other art organizations' mailing lists to maximize artist participation.

GUIDELINES FOR TEMPORARY EXHIBITS AND EVENTS

The Department of Public Works has the joint responsibility with other City Departments in implementing and administering exhibitions of art in City facilities such as the Central Library Art Gallery, the Airport Art Spaces, and City Hall. Other City Departments may request services in the future and the Department of Public Works shall seek such opportunities. The Department of Public Works through the Public Art and Design Enhancement Program shall design appropriate selection processes and panels to review and select proposals. All final approvals of artworks and exhibitions will be the responsibility of the Department of Public Works and the participating department exhibition space staff. Contracts for art exhibitions and events will be modified versions of the percent art contracts, and will be negotiated between the representative of the proposed exhibition and/or event, the Department of Public Works, and the participating department and/or agency.

GUIDELINES FOR GIFTS AND LOANS

(a) Policy
The Department of Public Works through the Design Enhancement Office shall be responsible for reviewing all proposed gifts and loans of artworks following the guideline's review process for accepting or rejecting, placing and maintaining the artwork(s) in the City Art Collection.

(b) Review Process

(1) General
The Donor shall contact and discuss the gift or loan and procedures with the Department of Public Works' Public Art and Design Enhancement Program. Donor shall submit detailed written descriptions of the artwork, including sketches and/or models of the artwork, all information pertaining to the artist, and a warranty of originality of the artwork. The Department of Public Works Public Art and Design Enhancement Program shall review materials with the Department responsible for sites receiving the donated artwork. The Department of Public Works shall develop materials including inventory of possible sites to review with the Historic and Design Review Commission's Public Art Committee. The Public Art Committee shall be allowed enough time to review and request further information pertaining to the artwork(s) and/or site before final acceptance or refusal of any gift and/or loan. The Public Art Committee shall submit recommendations to the Department of Public Works' Public Art and Design Enhancement Program and the Historic and Design Review Commission for final recommendation to City Council. Gifts of state presented to the City of San Antonio by foreign governments or by other political jurisdictions of the United States are exempt from the review process. However, permanent placement and proper site selection of such artworks shall be determined jointly by the appropriate City Department and the Department of Public Works and shall be subject to final approval by the Historic and Design Review Commission and accepted by ordinance by City Council.

GUIDELINES FOR THE REVIEW AND DE-ACCESSIONING OF ART

(a) Policy
Design enhancements in the City Art Collection have generally been placed in the public domain through a process and under specific public context. Their placement is a result of careful thought, discussion, and professional advice and, at times, community participation. Artworks in public spaces are created by artists with sensitivity to the site and the public that access them. Therefore, it should be the City's responsibility to avoid removing or disposing of them but, rather seek to ensure the integrity of the artist, their artwork, the site, and the public for which it is created. Art that is considered for removal from the City Art Collection should undergo a responsible and careful review process according to carefully developed procedures.

(b) Review Assessment
The Department of Public Works shall assess the condition of the City Art Collection on an ongoing basis and if it recommends de-accessioning of an design enhancements, it shall initiate the process to the Public Art Committee to review the status of artwork including, but not limited to, the following reasons:

(1) Maintenance of the artwork is excessive, quality of the design and workmanship becomes questionable, and repair or remedies are impractical or infeasible.

(2) The condition or security of the artwork cannot be reasonably guaranteed.

(3) The artwork endangers public safety and/or the public right-away.

(4) The Historic and Design Review Commission Public Art Committee, upon assessment of the art collection and/or department responsible for ownership of artwork, may want to replace the art with a more appropriate artwork by the same artist(s).

(5) Unfavorable public reaction for extended period of time.

(6) The quality of work is questioned for extended period of time.

(7) Written request by artist and/or department responsible for maintenance of artwork has been received.

(8) Site of artwork is under serious consideration for re-landscaping, reconstruction, and/or demolition.

(c) Reviewing Steps

(1) Review existing artist contracts and/or agreements.

(2) Assess the issues at hand with the artist.

(3) Seek opinions from qualified professionals on the conditions or other matters that initiated the review assessment.

(4) Review and analyze all written materials, including press or other publicly contested issues pertaining to artwork.

(5) A recommendation shall be formulated by the Public Art Committee.

(d) De-accessioning
If the Public Art Committee fails to resolve a de-accessioning request and determines that removal can not be prevented, the Committee may request that Department of Public Works select a neutral third party to do the following:

(1) Assess the efforts to resolve the issues by the Public Art Committee.

(2) Make other recommendations.

(3) If the third party recommends other measures to be considered other than removal of the artwork, the Department of Public Works shall give the third party a predetermined time frame to execute the proposed measures.

(4) If all recommendations proposed by the third party are unsuccessful, or upon recommendation of the Director of Public Works, the City shall consider the following: (1) if applicable, the artist whose work is under consideration for de-accessioning shall receive written notification by registered mail, and shall have the right of first refusal to purchase the work; (2) relocation of artwork to appropriate and/or specific site with the assistance of the artist; (3) sale, extended loan or trade (fair market value appraisal must be secured to assist further decisions).

(e) Provisions for Review and Amendment
These guidelines are subject to periodic review and revision by the Department of Public Works, City Manager and City Council.

COMMUNITY OUTREACH

(a) Purpose
Public participation is a key aspect of a Public Art and Design Enhancement Program. The Department of Public Works will make significant efforts to involve the public in community outreach and public education programs. These efforts can create a context in which citizens can better understand and appreciate the artworks and the design contributions of the artists.

(b) Policy
The Department of Public Works will make significant community outreach and public education efforts on each Design Enhancement project. Possible activities may include:

(1) Efforts to raise the level of general awareness about Design Enhancement, such as slide lectures or presentations to various community groups and service organizations, a regular program of media coverage, and periodic "townhall" meetings in City Council districts.

(2) Community involvement, including appropriate community meetings before the project is defined, community representation on the artist selection panels, community co-sponsorship of Design Enhancement projects, and public "unveilings" or dedications.

(3) More formal public education programs, including design competitions and design awards, sponsorship of Design Enhancement lectures by local museums and galleries, guided tours of Design Enhancement in the City, and periodic symposia on Design Enhancement.

(4) A program for school children that includes the development of curriculum guides for Design Enhancement, sponsorship of artist residencies in the public schools, and a speaker's bureau on Design Enhancement for the school system.

(5) Media relations efforts that target the local print and broadcast outlets, participation by the Design Enhancement Advisory Committee and staff members on local media talk shows, and regular press development activities in the form of press releases and media packages.

(6) A publication program that includes catalogs and guides to the City Art Collection, a newsletter to interested citizens, and the creation of posters to accompany the unveiling of new artworks.