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R-2023-11RESOLUTION NO. 2022- 11 A RESOLUTION OF THE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA; APPROVING THE ART IN PUBLIC PLACES GUIDELINES; PROVIDING FOR IMPLEMENTATION, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2022-07 provides the regulations for the Miami Shores Village (the “Village”) Art in Public Places Program and requires the Village Council to approve the Art in Public Places Guidelines; and WHEREAS, the Village Council created the Fine Arts Commission (the “FAC”) for the purpose of promoting the fine arts; and WHEREAS, the FAC has curatorial responsibilities for selecting, acquiring, commissioning, and exhibiting new public artworks in public spaces throughout the Village; and WHEREAS, the Art in Public Places Guidelines effectuate the goals of the FAC in artist identification, concept design review and approval, and artist selection; and WHEREAS, the FAC created a committee to draft the Art in Public Places Guidelines for the Village Council’s review and consideration; and WHEREAS, the Village Council has reviewed the Art in Public Places Guidelines and finds that the adoption of this Resolution is in the best interest and welfare of the residents of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA: Section 1. Recitals Adopted. The foregoing recitals are incorporated in this Resolution as if fully set forth herein and made a part hereof by reference. 2 Section 2. Art in Public Places Guidelines Approved. The Art in Public Places Guidelines, attached as Exhibit “A” is hereby approved. Section 3. Implementation. The Village Manager or designee is authorized to take any action necessary to implement the purposes of this Resolution. Section 4. Effective Date. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS day of , 2023. SANDRA HARRIS MAYOR ATTEST: YSA BELY RODRIGUEZ VILLAGE CLERK APPROVED AS TO FORM: WEISS SEROTA HELFMAN COLE + BIERMAN P.L. VILLAGE ATTORNEY 7th February 3 Exhibit A Miami Shores Village - Art in Public Places Guidelines The Miami Shores Village (the “Village”) Art in Public Places Guidelines (the “Guidelines”) were created by the Village’s Fine Arts Commission (the “FAC”) in cooperation with the Recreation Department and approved by the Village Council. Required by Ordinance No. 2022-07, (“Public Art Program Ordinance”), the Guidelines set the standards, criteria, and policies related to the consideration of donations, dedication, and acceptance of public art. The Guidelines govern the manner and method of submission of proposed art to the FAC and the process by which the FAC makes decisions and approve s dedication, donations, commission, and acquisition of public art to fulfill the requirements of the Public Art Program Ordinance. The Guidelines are a living document open to future additions as the Village ’s Art in Public Places Program (the “Program”) expands and develops. I. SELECTION PROCESS AND CRITERIA A. Site. Public Art should be located in places appropriate for the display of artworks with high-profile public visibility. In recommending a site for Public Art, the FAC should be conscious of the Program’s goal to equitably distribute artworks throughout the Village. Priority should be given to projects that achieve the most effective visual relationships between the site and the public’s ability to appreciate the Public Art. The following will be considered by the FAC when selecting a site for Art in Public Places: a. Importance of site(s) in terms of expected uses, historical sources, and future development of area. b. Site location in relation to community traffic patterns and daily ecology of immediate surroundings. c. Possibility of site’s high visibility for residents and visitors. d. Whether site is used for community-wide seasonal events. e. Potential of site’s artwork becoming a community symbol. f. Potential of site providing for functional art. For the purposes of a CALL TO ARTISTS, the site(s) will be defined through physical boundaries as presented in plans/renderings with supporting narrative. B. Artist. 4 (1) Selection Goals. Special care must be taken in all facets of the Artist selection process to ensure the successful implementation of the Program. The goals of the selection committee are to: a. Implement the goals of the Public Art Program Ordinance through an appropriate Artist selection; b. Further the mission and goals of the FAC; c. Select an Artist or Artists whose existing Public Artworks or past collaborative efforts have maintained a level of quality and integrity; d. Consider the type of Public Art project applicable to the particular proposed project and select an Artist or Artists who will best respond to the distinctive characteristics of the site and the community it serves; e. Select an Artist or Artists who can work successfully as members of an overall project design team; f. Involve the Artist or Artists as early as possible in the development of the Public Art project; g. Ensure that the selection process represents and conside rs the interests of all parties concerned; and h. Give priority to local Artists when possible. (2) Methods of Selection. a. Open Competition. An open competition is a “Call To Artists” for a specific project in which Artists submit evidence of their past work. Any Artist may submit credentials and/or proposals, subject to any limitations established by the FAC. Calls for entries for open competitions will be sufficiently detailed to allow Artists to determine whether their work is appropriate for the project under consideration. b. Limited Competition. In a limited competition, artists shall be invited based on their past work and exhibited abilities to meet the criteria established by the FAC and approved by the Village Council or its designee for the particular project requirements or based on other non-aesthetic Program goals. c. Invitational Competition . In an invitational competition, invited Artists submit credentials and proposals for a specific project. Invited Artists shall be selected based on their past work and abilities to meet the needs and requirements 5 established by the FAC and approved by the Village Council, or its designee. Artists shall be included based on their ability to create artwork and the circumstances presented by the proposed project. d. Direct Selection. At times, the FAC may elect to make a direct selection in which it contracts a specific Artist for a particular project. Such an election may occur for any reason, but will generally occur when circumstances surrounding the project make either an open or invitational competition unfeasible (for example; project timeline, community or social considerations, client demand, etc.). An ongoing list of eligible Artists shall be pre-recommended by the FAC, subject to approval for use in direct selection projects. e. Mixed Process. A mixed process includes any combination of the above approaches including community-developed projects . (3) Artist Selection Criteria . The FAC shall select Artist based on the following criteria: a. Demonstration of professional practice and accomplishment through artwork, and, if applicable, to public art. b. Evidence of professional competence to undertake a site installation . Previous artistic excellence, originality, and accomplishment, as evidenced by images of past work and other supporting materials of previously completed similar public art commissions/installations involving collaboration with various professionals. c. Excellence in artists' vision and experience with public art projects of a similar scale and scope. d. Skilled in traditional, mechanical, or digital/electronic media as demonstrated by past works. e. Understanding of the community and planned use(s) for the site. f. Technical feasibility of the Artist’s proposed public art project design. Important consideration will be given to safety, accessibility, durability, maintenance requirements, permanence of materials, and timelessness of the artwork. (4) Review of Artist Qualifications. a. Artist qualifications are evaluated using the Public Art Program Ordinance, Guidelines, and goals identified in the Project Plan. 6 b. Typically, up to three finalists should be selected and invited to interview and present a site -specific concept proposal to the FAC. These proposals should have either a detailed Computer-aided Design (CAD) utilizing the site’s location or a maquette of the work, drawn to scale. c. The finalists will be ranked based on the evaluation criteria, interview, and/or proposal’s merit. (5) Artist Contract. At the appropriate point in the process, the FAC and Village Attorney will negotiate an agreement with the selected Artist. Agreements will be approved by the Village Manager. Notwithstanding the foregoing, Agreements that exceed $10,000 must be approved by the Village Council. C. Artwork. (1) Criteria for Review. In reviewing and approving potential artworks, the FAC must consider the following: a. The cultural and ethnic diversity of the Village, without deviation from a standard of excellence. b. Whether the Public Art is suitable for the site. c. Whether construction, permanence, and maintenance of artwork have been addressed with appropriate Village staff and/or consultants, if needed. d. Likelihood that the Artist will complete work, within the available budget, in a timely manner. (2) Review and Approval of Design Concept. a. After selection, the Artist must develop a concept design for the project (if a concept was not developed as part of the artist selection process). The concept design must include, at a minimum, a detailed narrative description of the concept, a visual representation of the concept, a preliminary cost estimate, and a preliminary timeline for final design, fabrication, and installation. b. The FAC will review the concept design based on the Public Art Program Ordinance and Guidelines. The FAC may also delegate an ad hoc review panel to review the concept design and provide a recommendation to the FAC for its review and consideration. c. The information that is presented to the FAC should include: 7 i. the approved Project Plan; ii. a description of the selection process; iii. the artist’s qualifications and concept design; iv. a description of how the artist’s concept design meets the criteria and the goals for the project; and v. the recommendations of FAC and any other review panels that have reviewed the design. d. The FAC will have final approval of the concept design. The FAC’s primary role should be to ensure that the selection conforms to the approved criteria, goals, and budget and that the selection procedures were followed appropriately. (2) Final Design Development and Review. The FAC will ensure proper project coordination occurs with Village staff and other project stakeholders. Further, the FAC should certify that the Artist’s design documentation and installation plans are subject to appropriate technical review, provided such review shall be for approval only, and shall not guarantee structural or other integrity, for which the Artist or his or her team remains responsible. I. FABRICATION AND INSTALLATION a. The Artist must implement and execute to completion the fabrication and installation of the artwork as detailed in the concept’s narrative. b. The Artist may work with fabricators and installers of their choosing, although the FAC will review the budgets and price quotes when deemed necessary. c. The FAC will monitor fabrication to ensure that it conforms to the approved final design and coordinate with appropriate Village staff and other project stakeholders through installation. II. PROCESS FOR ACQUIRING EXISTING ARTWORKS When the FAC intends to purchase artwork from an Artist or a Gallery, it will follow the guidelines as outlined above, in conjunction with the following modifications: a. Identifying Potential Artwork. Artists and/or galleries will be asked to submit images and descriptions of existing and available artwork in addition to Artist qualifications or biographies. The information should include the Artist’s basic qualifications (résumé or bio, portfolio), an image of the artwork, dimensions, materials, date fabricated, condition, ownership, and asking price. 8 b. Review of Submittals. The FAC will be responsible for reviewing artworks being considered for purchase, except in unusual circumstances, in which case the FAC will delegate the review to an ad hoc panel , who will provide its recommendation to the FAC for final review and approval. When the Village wishes to purchase an artwork, it should collect proposals through one of several methods: an open call, an invitational call, or the assistance of a curator or art consultant. Proposals shall be evaluated using the Public Art Program Ordinance and Guidelines. Whenever possible, the FAC/review panel should visit the site where the artwork will be installed. c. Appraisal. Prior to purchase, the FAC may obtain an independent, qualified appraisal of the fair market value of the artwork and a professional art conservator’s report on the condition of the artwork. III. TEMPORARY EXHIBITIONS The FAC may choose to exhibit public art temporarily. Temporary exhibitions can be determined by: (1) commissioning an Artist to create original, site-specific temporary installations, (2) working directly with an Artist to exhibit existing works of art temporarily, or (3) partnering with a curatorial partner, such as a collector, gallery, or museum, to curate an exhibition of one or more Artists . Methods for selecting artists or partners with whom to work include: a. Direct Selection of an Artist. The FAC can collaborate with an invited artist to develop a proposal for a temporary exhibition. The proposal must include detailed information regarding siting and specific artworks or concepts. b. Direct Selection of a Curatorial Partner. The FAC can collaborate with an invited curatorial partner to develop a proposal for a temporary exhibition. The proposal must include detailed information regarding siting, artists, and Artist concepts. c. Competitive Selection of Artists. The FAC can initiate a competitive process to select an artist or artists to create new work or exhibit existing work. The selection of artists and review of artist concepts must conform to the Art in Public Places Ordinance and the Guidelines. d. Competitive Selection of a Curatorial Partner . The FAC can initiate a competitive process to select a curatorial partner. The FAC will review the qualifications of potential partners and solicit a proposal from one or more professionals.