94- 088 C.M.R. ch. 3, § 3

Current through 2024-46, November 13, 2024

Section 088-3-3 - Standards

A. General Criteria for Selecting Works of Art

I.Style and Nature: Works of any aesthetic persuasion which are appropriate as Art in Public Spaces and compatible in scale, material, form, and content with their surroundings will be considered. Works may be participatory in nature.

II.Quality: The consideration of highest priority is the inherent quality of the work itself.

III.Media: All art forms may be considered.

IV.Elements of Design: The advisory committee and the artist will take into account the fact that, as differentiated from works in a museum context, Art in Public Spaces may function as focal points, modifiers, or definers of specific spaces, and/or establishers of identity.

V.Conservation: Due consideration shall be given to structural and surface soundness and to permanence in terms of relative proof against theft, vandalism, weathering, or excessive maintenance or repair costs.

B.Budgetary Inclusions and Exclusions

I.Inclusions: The portion of the capital appropriation reserved for works of art may be expended for the following:

a.The cost of the work of art: Generally, if the artist is commissioned to create a new work, the following are taken into account in the contract:

i. Artist's professional design fee;

ii. Labor or assistants;

iii. Materials required for production of work;

iv. Studio and operating costs of the artist, including rent, depreciation, utilities, communications, insurance. and other direct and indirect costs;

v. Travel of the artist for site visitation and research;

vi. Transportation of the work to the site;

vii. Installation of the completed work;

viii. Photographic documentation required by the Commission.

ix. Engineering, codes compliance, and other regulatory costs associated with the creation of the work of art.

x. Administrative costs, including but not limited to, Percent for Art site administrative contractor's time and expertise, administrative materials/supplies, contractor's travel expenses, meeting expenses and related facility charges, etc.

b. Identification plaques and labels.

c. Waterworks and electrical and mechanical devices or equipment which are integral parts of the work of art.

d. Frames, mats, or pedestals necessary for the proper presentation of the works of art.

e.Honoraria and Design Fees: Artists selected as finalists shall be paid honoraria or design fees for written proposals or models at rates to be established by the advisory committee, with a minimum of $100, and shall be reimbursed for necessary travel expenses at current state government rates.

f. Other items the Commission approves as appropriate to the particular work of art.

II.Exclusions: The portion of the capital appropriation reserved for works of art may not be expended for the following:

a. Reproductions by mechanical or other means of original works of art. Included, however. may be limited editions, controlled by the artist, of original prints, cast sculptures, photographs, etc.

b. Decorative, ornamental, or functional elements which are designed by the building architect or consultants engaged by the architect.

c. Those elements generally considered to be components of a landscape architectural design: plant materials, pools, paths, benches, receptacles, fixtures, planters. etc., unless they function as integral components of an earthwork or environmental public art installation.

d. "Art objects" which are mass produced or of a standard design, such as playground sculpture or fountains.

e. Directional or other solely functional elements, such as super graphics, signage, color coding, maps, etc.

f. Those items which are required to fulfill the basic purpose of the contracting agency. Examples would be works of art in the collection of a state museum or works of art fulfilling an interpretive or educational role in a state park, the state library, or a college or university art museum or gallery.

g. Electrical, water, or mechanical service for activation of the work.

h. Exhibitions and educational programs related to the work.

i. In connection with the works of art, before or after they are installed: lighting. registration, dedication, unveiling, insurance, security, publicity or publications, and maintenance (preservation, conservation, restoration, repair), site preparation for exterior works including ground preparation such as concrete slabs or landscape grading.

C.Long Term Care

I.Insurance: Upon installation, the contracting agency shall insure the work against loss, damage, or theft.

II.Maintenance: The contracting agency shall maintain works of art in accordance with a maintenance agreement negotiated with the artist at the time of installation. The contracting agency shall not alter works of art in any way whatsoever without prior approval by the Agency.

III.Conservation: The contracting agency shall make every reasonable effort to consult with the Agency, the artist and a professional conservator in all matters concerning repairs and restoration of works of art. All restoration work shall be done in accordance with the Code of Ethics and Standards of Practice of the American Institute of Conservation, 3545 Williams burg Lane, NW, Washington, D.C. 20008, as amended.

IV.Relocation and removal: Works of art shall be placed in the locations for which they are selected. The Agency and the Artist shall be notified if, for any reason, a permanently installed work of art must be removed or moved to a new location. The Agency and the Artist shall have the right to advise the contracting agency or Its designee regarding this treatment of the work.

a.Relocation: If the work was created for a specific site, the new site to which it is to be moved must be consistent with the artist's original intent.

b.Removal: Works of art acquired in the Percent for Art program may be removed only with the approval of the Commission and/or Agency. Requests for permission to remove works of art shall be made in writing and shall be reviewed at the next regular meeting of the Commission as it relates to the process.

V.Transfer of Ownership: If a work of art acquired in the Percent for Art program is removed, ownership shall be transferred by sale of the work. Proceeds from the sale of the work shall be used to acquire new works of art in the Percent for Art program. Sale shall be made, in order of priority. to one of the following parties:

a.Artist: To the artist who created the work. The artist shall have the right to purchase the work for its appraised fair market value. In the case of a work of art whose removal could require destruction of the work, the artist shall have the right to acquire the work or its surviving components for that portion of the cost of removal which exceeds the cost of destruction of the work.

b.Nonprofit Organization: If the artist does not choose to purchase the work of art, a nonprofit organization whose mission includes the presentation of works of art may acquire the work under the same conditions as those that apply to the artist.

c.State of Maine: If neither the artist nor a qualified non-profit organization wishes to purchase the work of art the State of Maine may acquire the work under the same conditions as those that apply to the artist, except that the State of Maine shall pay only that portion of the appraised fair market value equal to the portion of the original purchase price paid by the original acquiring Institution.

d.Other: In the event that none of the above parties wish to acquire the work of art, then the work may be offered to the public under the same conditions as those that apply to the artist.

94- 088 C.M.R. ch. 3, § 3