Chapter 3.12
ONE PERCENT FOR ARTS FUND
Sections:
3.12.020 ONE (1) PERCENT FOR ARTS FUND ESTABLISHED.
3.12.040 SELECTION OF PUBLIC ART.
3.12.050 MAINTENANCE AND REPAIR OF PUBLIC ART.
3.12.060 AUTHORIZED EXPENDITURES FROM ARTS FUND.
3.12.010 DEFINITIONS.
(a) "Art Advisory Panel" means a committee consisting of a group of individuals, including artists, art and design professionals and nonartist citizen representatives appointed by the Chair of the Commission to advise and assist the Commission in selecting artists to provide works or services to the City under the Arts Program. The Commission is encouraged to appoint a broad range of citizen participation on the panel. An advisory panel may be directed by the Chair to consider a single project or multiple projects and more than one (1) panel may be appointed and serve concurrently to consider separate projects.
(b) "Arts Commission" or "Commission" means the commission established in Chapter 2.32 BMC.
(c) "Arts fund" or "one (1) percent for arts fund" means the common pool for appropriated funds and donations that are accumulated pursuant to this chapter.
(d) "Arts program" or "one (1) percent for arts program" means the policies and strategies that will identify opportunities and implement a program for creation and display of public art within the City as well as determine project budgets for public art. This task shall be implemented by the Arts Commission and staff working in partnership with project departments and citizens.
(e) "Capital improvement project" means any City-funded project(s), or any City-funded portion thereof, including funds received from outside sources, as specifically identified in the City’s capital improvement program, except that "capital improvement project" does not mean:
(1) Capital improvement projects of municipal utilities as set forth in BMC Title 15;
(2) Capital improvement projects identified in the arterial street fund as set forth in Chapter 3.24 BMC;
(3) Capital improvement projects identified in street fund 102;
(4) That portion of capital improvement projects funded by CDBG funds;
(5) General maintenance of any project;
(6) Capital equipment;
(7) That portion of capital improvement projects funded from sources that precludes expenditures for public art; or
(8) That portion of capital improvement projects already subjected to a dedicated art funding program.
(f) "CDBG" means community development block grant.
(g) "City" means the City of Bremerton.
(h) "Commission" means the Arts Commission established in Chapter 2.32 BMC.
(i) "Commissioner" means an individual appointed to serve as a member of the Arts Commission.
(j) "Construction cost" is defined to include actual construction costs, architectural and engineering fees, project administration, site preparation, and contingency allowances. It does not include land acquisition, financing, sales tax, furnishings, fixtures or equipment.
(k) "Council" or "City Council" means the Bremerton City Council.
(l) "Project department" means the department or division of the City responsible for construction of a capital improvement project.
(m) "Public art" means original visual creations which are sited in a manner accessible and visible to the public and shall include the production or arrangement of sounds, colors, forms, movements or other elements in a manner that enhances the sense of beauty and has aesthetic value. Public art may also include artist-made or artist-designed building parts that are structural or functional elements of a building, structure, park or other facility. Public art may include an area or space specifically designed, constructed and managed as a display area for other works of art. "Public art" shall also mean performing art.
(n) "Public space" means any place or property within the City limits which is open to the general public for its use, or which is in public view, or is generally accessible and visible to the public.
(o) "Site preparation" shall mean all work performed in, on, or around a project site in anticipation of subsequent construction work inclusive of, but not limited to, select demolition, rough grading, environmental assessment and remediation, erosion control and security fencing. (Ord. 5467 §1, 2022; Ord. 4940 §2 (part), 2005)
3.12.020 ONE (1) PERCENT FOR ARTS FUND ESTABLISHED.
(a) Project funds for capital improvement projects as calculated and established in BMC 3.12.030 as well as donations made to the arts program shall provide the revenue for purchase of public art. At the request of the donor, donations may be earmarked for particular projects.
(b) The one (1) percent for arts fund is hereby established. If the one (1) percent amount authorized for a given project is not expended, or if a surplus is available due to the work of art costing less than one (1) percent of the total project cost, then the nonexpended amount shall be deposited and pooled into the "one (1) percent for arts fund" for use on projects approved by the Commission. (Ord. 5467 §1, 2022; Ord. 4940 §2 (part), 2005)
3.12.030 FUNDING BASIS.
Beginning with the City’s fiscal year 2006 budget, all capital improvement projects as defined in this chapter will contribute to the one (1) percent for arts fund.
(a) Calculation of Contribution to Fund. The amount of the annual appropriation for art shall be equal to one (1) percent of the total eligible funds of capital improvement projects as follows:
(1) At a minimum, the amount budgeted for art in a capital improvement project shall be equal to one (1) percent of the total construction costs as bid and awarded.
(2) In all cases where a capital improvement project has a scope of work that includes both eligible and ineligible elements and categories, the budget for art shall be calculated, at a minimum, in the eligible portions of the project. In all cases where a capital improvement project includes a source of funds which is eligible for a public art purpose but which may not be pooled with other funds and may not be used for another or different project, the budget for art in that capital improvement project shall include one (1) percent of such eligible funds.
(b) Pooling of Funds. A policy is hereby established to direct the transfer to and pooling of all one (1) percent for arts fund program monies in the arts fund. Pooling affords the opportunity to look at the needs of the City as a whole and use the art monies only for those projects which may have the greatest value and impact on communities or offer the best opportunities for artist involvement.
(c) Appropriation of Funds. At the time a capital improvement project is proposed, the project department shall calculate and include a budgeted line item for the arts fund associated with each eligible project. The Finance Department shall confirm the calculations and include the appropriations for art in the proposed City budget. The amounts budgeted for the arts fund in particular projects may be adjusted to reflect Council changes to the budget for the capital improvement project. All amounts budgeted for the arts fund shall be transferred directly into the arts fund. Fund transfers to the arts fund will occur as soon as practicable after a bid has been awarded for the project.
(d) Fund Balance. Any year the year-end estimated fund balance is budgeted at less than ten thousand dollars ($10,000), the general fund will transfer funds to the one (1) percent for arts fund to make up the shortfall. (Ord. 5467 §1, 2022; Ord. 4940 §2 (part), 2005)
3.12.040 SELECTION OF PUBLIC ART.
(a) Each project providing funds to the arts program may apply to the arts program for funding for any art proposed to be incorporated into the project.
(b) The Arts Commission shall make selections of the artists and the public art to be funded through the arts program and maintenance and repair programs, as appropriate, for the selected public art, subject to confirmation by the City Council. The Arts Commission may empanel an Art Advisory Panel to assist in this selection. The contracts commissioning art shall address the issue of ownership. (Ord. 5467 §1, 2022; Ord. 4940 §2 (part), 2005)
3.12.050 MAINTENANCE AND REPAIR OF PUBLIC ART.
The Parks and Recreation Department shall be responsible for the maintenance and repair of all public art except as otherwise provided for under any maintenance and repair program established by the City Council pursuant to BMC 3.12.040. Funding sources for the maintenance and repair of public art may include the Parks and Recreation Department budget, other City department budgets, other sources approved by the City Council or the arts fund. (Ord. 5467 §1, 2022; Ord. 4940 §2 (part), 2005)
3.12.060 AUTHORIZED EXPENDITURES FROM ARTS FUND.
Subject to expenditures for the selection of public art and any maintenance and repair programs approved pursuant to BMC 3.12.040, budgeted expenditures may be made from the arts fund for any of the following purposes:
(a) The selection, acquisition, and display of works of art which may be an integral part of a project or which may be placed in, on, or about a project or other public space.
(b) Artist fees, design, planning, and pre-design service contracts and commissions.
(c) Expenses for technical assistance provided by architects and/or engineers to artists in order to design, document, and/or certify the artwork.
(d) Maintenance and repair of City public art benefited by the one (1) percent for arts fund.
(e) Citizen forums and workshops to gather information and/or educate/inform the public about public art and the City’s public art collection.
(f) Documentation and public information material for the one (1) percent for arts program and public art projects.
(g) Performing art.
Budgeted expenditures exceeding equal to or greater than two thousand dollars ($2,000) require recommendation by the Arts Commission and approval of the City Council. Budgeted expenditures of less than two thousand dollars ($2,000) require approval of the Arts Commission. (Ord. 5467 §1, 2022; Ord. 5156 §1, 2011: Ord. 4940 §2 (part), 2005)