Agenda Special 04-08-03DELRAY BEACH
CITY COMMISSION
CITY OF DELRAY BEACH, FLORIDA
SPECIAL/WORKSHOP - TUESDAY, APRIL 8, 2003
6:00 P.M. FIRST FLOOR CONFERENCE ROOM
1993
2001
The City will furnish appropriate auxiliary aids and services where necessary to afford an individual
with a disability an equal opportunity to participate in and enjoy the benefits of a service, program,
or activity conducted by the City. Contact Doug Randolph at 243-7127, 24 hours prior to the
program or activity in order for the City to reasonably accommodate your request. Adaptive
listening devices are available for meetings in the Commission Chambers.
SPECL4L MEETING AGENDA
GRANT APPLICATION TO UNITED STATES FIRE ADMINISTRATION:
Authorize staff to submit a grant application to the United States Fire Administration for
funding in the total amount of $310,000.00 with a 30% local match from the City for
communication equipment for the Delray Beach Fire Department.
WO. R K.¢ HOP AGENDA
1. Review of Old School Square Expansion Plans
2. Funding Parking for New Library
3. Proposed Public Arts Ordinance
4. Discussion regarding Sick Leave/Retirement Plan Contributions
5. Commission Comments
Please be advised that if a person decides to appeal any decision made by the City Commission with
respect to any matter considered at this meeting, such person will need to ensure that a verbatim
record includes the testimony and evidence upon which the appeal is based. The City neither
provides nor prepares such record.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
AGENDA ITEM # -~/' ~ - SPECIAL MEETING OF APRIL 8, 2003
GRANT APPLICATION TO UNITED STATES FIRE ADMINISTRATION
APRIL 4, 2003
Staff is requesting authorization to submit a grant application to the United States Fire Administration for
funding in the total mount of $310,000 with a 30% local City match for communication equipment for
the Delray Beach Fire Depaxtment. A summary of the project is attached for your review.
Recommend staff be authorized to submit the grant application.
S:\Caty Cleck\chevelle folder\agenda me. nos\Grant Apphcataon Umted States Fire Admm.4.08 03
Project Description
This project will involve the purchase and installation of communications equipment for
the Delray Beach Fire-Rescue Department. This equipment is necessary for the Delray
Beach Fire-Rescue Department to meet current industry standards and support basic
firefighter safety at emergency incidents.
Use of Grant Funds
Funds requested from the Firefighting Equipment Category will be used to place in-
service a fixed site repeater for our 800 MHz radio system; purchase a portable
repeater; and to install mobile data terminals in all of our first response apparatus,
including command vehicles.
The repeaters will both be APCO 25 compliant for interoperability for all Police and Fire
Departments in Palm Beach County as we complete our migration from a myriad of
different radio frequencies to a regional 800 MHz system.
The total funding request from the Firefighting Equipment Category is $310,000.
Benefits to Community/Department
Delray Beach is a suburban community in Palm Beach County on the east coast of
Florida. The Fire-Rescue Department protects the city and two adjacent towns,
covering approximately 17 square miles with a combined population of 66,000
residents. The Fire-Rescue Department operates from six stations and is in the process
of upgrading its communications capabilities as a participant in a county-wide effort to
establish a completely interoperable 800 MHz radio system. Our department has never
owned mobile data terminals and until our recent conversion to 800 MHz, all
communications were limited to VHF and UHF radios.
The fixed site repeater is needed to insure reliable communications in a remote corner
of our service delivery area. We are currently experiencing some "lack of service" there,
and this impacts on the safety of our personnel because most of the buildings are high
rise residential occupancies.
The portable repeater would be used to supplement our city-wide communications
capability after a disaster, such as a hurricane, if we were to lose any of the current
fixed site repeaters.
The mobile data terminals would provide a secondary encrypted method of
communication between the dispatch center and emergency units in the field. They
would reduce voice communication and improve Fire Fighter safety during emergency
operations. Critical information, such as water main size, fire hydrant location, and
building pre-fire plans, could be stored and retrieved by using these devices. We would
ensure that they are interoperable with our local Police Department and our computer
aided dispatching system.
Need for Funding
The $310,000 total cost for this equipment significantly exceeds the Fire-Rescue
Department's capital equipment budget, which has been approximately $60,000 per
year for the past ten (10) years and is not expected to increase in the next three to five
years. If we were to try to fund this equipment improvement from our budget, it would
take a minimum of five years to purchase and install it. Dedicating our entire capital
equipment budget to this project would also require us to postpone indefinitely much-
needed replacement of some of our self-contained breathing apparatus and vehicle
extrication equipment that is nearly 15 years old.
Additional Relevant Information
The section of this application that requested information about the funding sources of
our annual operating budget did not include an option~ for revenue generated by Fire-
Rescue Department services. At this time, EMS transport fees and inter-governmental
contract services to smaller communities outside of our city limits fund 22.5% of our
budget. With almost one-quarter of our funding from these somewhat fixed income
sources, it is even more difficult to generate additional money to pay for these needed
capital equipment improvements. Couple that with the fact that our high percentage of
elderly population is also on a fixed income, the option of raising taxes to pay for this
equipment is also severely limited.
We feel that we are the type of Department that the Fire Act is supposed to help. The
demands on our department are increasing disproportionately to our tax revenues and
we have done everything within our power to generate other sources of income. We
appreciate your support and would like to express our gratitude for the opportunities the
grant program provides.
The following information is in response to Mr. Harden's questions, a copy of the grant
application narrative is also attached.
1. What kind of equipment?
Radio system repeaters, one fixed-site and one portable (800 MHz) and Mobile Data
Terminals (MDT's)
2. What will the equipment be used for?
Secondary means of communication between field forces and Police Communications
Center
3. Projected operating costs?
Fixed-site repeater:
About $500.00 per month or $6,000.00 per year which should be added to the
Highland Beach cost.
Portable repeater:
According to Boca Raton Fire-Rescue they do not have any operating cost for their
unit, only repairs if something breaks.
MDT's:
The air cards or modems would have an operating cost of $18,000.00 to $27,000.00
per year for the number of units we plan to install.
Date: 4/01/2003
AGENDA ITEM NUMBER:
Request to be placed on:
__ Consent Agenda
When: 04/0,8/2003
AGENDA REQUEST
X Regular Agenda
Workshop Agenda
Description of agenda item (who, what, where, how much):
The Fxre-Rescue Department intends to apply for a "F~re Act" Grant m the amount of
$310,000 for communicatton eqmpment. Ttus grant xs a 70%-30% program where the
Federal share would be $217,000 and the Cay will provide a $93,000 matching share.
Recommend approval of grant application w~th matching municipal funds provided m the
CIP.
~ Specml Agenda
Department Head
Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):~ ¢ q[: ,.1,, ~
FundingAvailable: ~No Initials: a~l~ ~[e~r ~ ~ c,~-r~r e'd
Account Number
Description
Account Balance:
Funding AltemaUves:
Ofapp~cabl~
City Manager Review:
Approved for Agenda:
No Initials:
Hold Unul:
Agenda Coordinator Review:
Received:
RESOLUTION NO. __-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ESTABLISHING AN
IMPLEMENTATION COMMITTEE FOR THE PURPOSE OF
CREATING A NOT-FOR-PROFIT CORPORATION AND
OUTLINING PROCEDURES NECESSARY TO IMPLEMENT THE
CITY PUBLIC ARTS ORDINANCE.
WHEREAS, the City Commission established a Public Arts Task Force for
the purpose of recommending methods of incorporating art into future
development projects within the City of Delray Beach; and
WHEREAS, that Public Arts Task Force has completed the directive and
presented a final draft of an ordinance which will accomplish the directive given
them by the City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That there hereby is established a Public Arts Implementation
Committee to be comprised of both former members of the Public Arts Task
Force and volunteer citizens to assist in the development of the procedures
necessary to operate under the Public Arts Ordinance.
Section 2. That the Public Arts Implementation Committee establish a
Not-For-Profit corporation and apply for 501(c)3 status with the Internal Revenue
Service.
Section 3. That the City establish the Public Arts Trust Account.
Section 4. That the Public Arts Trust Account be funded in the fiscal year
__ budget with Twenty Thousand Dollars ($20,000.00) to be used for startup
expenses for the Not-For-Profit Corporation. All expenses must be approved by
the City Manager.
Section 5. That the Public Arts Implementation Committee work with City
staff on the contract between the City and the not-for-profit corporation, the
application processing procedures, revisions to the Land Use Regulations and
other procedures as necessary.
Section 6. The Public Arts Implementation Committee shall immediately
pursue its assigned task with a target date of accomplishing said task by
,200_.
Section 7. The Public Arts Implementation Committee shall sunset upon
the discharge of its assigned task or by ,200_, whichever is earlier,
unless otherwise extended by the City Commission.
PASSED AND ADOPTED this
~day of ,2003.
ATTEST:
MAYOR
City Clerk
ORDINANCE NO. __-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING
ARTICLE 5.3, "DEDICATION AND IMPACT REQUIREMENTS",
ENACTING SECTION 5.3.5, "PUBLIC ARTS PROGRAM", BY
ESTABLISHING A PUBLIC ARTS PROGRAM; PROVIDING GENERAL
PROVISIONS FOR ITS ORGANIZATION AND OPERATION;
ESTABLISHING A PUBLIC ARTS FEE FOR THE CONSTRUCTION
AND/OR INSTALLATION OF ART; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVINGS CLAUSE AND AN EFFECTIVE
DATE.
WHEREAS, the City of Delray Beach recognizes that a superior and diverse
aesthetic character of the city's built environment is vital to the quality of the life of its
citizens, the economic success of its businesses, an attraction for visitors and a benefit
to tourism; and that a public arts program would contribute to the aesthetic
enhancement of the community; and that public and private development shall
contribute to a public arts program to enhance and maintain the City's aesthetic
character;
WHEREAS, the City shall create a public arts program that reflects and
enhances the City's diversity, character and heritage through the artworks and designs
by artists integrated in the architecture, infrastructure and landscape throughout Delray
Beach on public and private property;
WHEREAS, the City's public art program shall promote and unite the community
through art; bring public art and art education to the entire community; create public arts
community partnerships linking across lines of race, ethnicity, age, gender, profession,
and economic levels; and
WHEREAS, the City's public art program shall link community, educational and
artistic goals; by featuring the work of professional artists; by involving local artists,
community members and students under the creative leadership of professional artists;
by using a flexible definition of art to include a variety of media, subject matter, and
designs; and by educating the community about public art through public programs; and
WHEREAS, the City Commission of the City of Delray Beach deems it to be in
the public's interest to promote the welfare and advancement of the community through
the creation of the Public Arts Program.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH AS FOLLOWS:
Section 1. That Article 5.3, "Dedication and Impact Requirements", of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida is hereby amended by enacting Section 5.3.5, "Public Arts Program", to read as
follows:
Section 5.3.5 Public Arts Proqram:
(A) Public Art Trust Fund
(1) There is hereby created a public art trust fund which shall be a separate,
interest bearing account set up by the City to receive monies for the public art program
and shall consist of the following:
a) Art fees received from the City's Capital Improvement Program
b) Art fees received from private development
(c) All funds donated to the City for public art
(d) Other funds allocated by the City through the budgetary process
(2) The public art trust fund shall be used solely for expenses associated with
the selection, commissioning, acquisition, installation, maintenance, public education,
administration, removal and insurance of the works of art or in relation thereto; and such
funds shall be administered by a public art not-for-profit corporation.
(3) The art fees collected for private development will be held and monitored
within the trust fund in separate accounts for each quadrant listed below:
a) north of Atlantic Avenue and east of 1-95.
b) north of Atlantic Avenue and west of 1-95.
c) south of Atlantic Avenue and east of 1-95.
d) south of Atlantic Avenue and west of 1-95.
(4) Art Fees collected for private development from a quadrant will be spent
in the same quadrant.
(B) Appropriation of Capital Improvement Proiect (ClP) Funds
(1) All appropriations for City capital improvement projects, except
Water and Sewer Enterprise funds, the City Garage Fund, the Stormwater Utility fund,
and Beach Renourishment funds, shall include an amount of not less than one and one
half (1.5 %) percent of the total CIP budget before the addition of the public art cost,
subject to the City budgeting and appropriating such funds. If the funding source
specifically restricts the use of the monies, then that podion of the funding shall not be
included for the basis for the art fee.
(2) All appropriations for public art will be transferred to the public art
trust fund upon issuance of a building permit or award of a construction contract if no
building permit is required.
(3) The City Commission shall review and approve an annual plan, and
amendments thereto, to be prepared by the public art not-for-profit corporation, for the
expenditure of funds appropriated and fees collected in the public art trust fund.
(C) Art Fees on Private Construction
(1) All projects and developments, as listed below, which are submitted
for building permits must pay one and one-half percent (1 1/2%) of the aggregate
construction permit valuation as an art fee prior to the issuance of the building permit.
a) All new non-residential and mixed use projects and developments.
b) All modifications to existing non-residential and mixed use projects
and developments with a total aggregate construction permit valuation greater than one-
hundred thousand dollars ($100,000.00). If modifications affect multiple structures on a
project site which may be permitted separately, the aggregate construction permit
valuation is based on the construction valuation of all permits for the Site.
c) All new residential projects, excluding detached single family
residences. Relative to planned residential development (PRD) and residential
subdivisions, all permits for infrastructure and common area improvements are subject
to pay the art fee, but the subsequent construction of the single family residences on
each lot is exempt from the art fee. All other residential unit types are required to pay
the art fee.
d) All modifications to existing residential projects, including, all
permits for infrastructure and common area improvements, with a total aggregate
construction permit valuation greater than one-hundred thousand dollars ($
100,000.00), excluding detached single family residences. If modifications affect
multiple structures on a project site which may be permitted separately, the aggregate
construction permit valuation is based on the construction valuation of all permits for the
Site.
(2) The art fee shall be deposited into the Public Art Trust Fund.
(3) Any private developer/owner has the right to request that seventy-
five (75%) percent of the art fee be expended on work(s) of art to be located on the
property. The developer shall work with the public art not-for-profit corporation to select
the artwork for the site. The public art not-for-profit corporation shall determine the
artwork and site selection for the artwork. The private developer/owner or the public
not-for-profit corporation has the right to appeal as set forth in Subsection (G). Further,
the private developer/owner has the right to contribute the total art fee amount required
in the appropriate area identified in Subsection (A)(3).
(D) Ownership and Maintenance
(1) Ownership of all works of art acquired on behalf of the City shall be
vested in the City, which shall retain title to each work of art.
(2) Ownership of all works of art incorporated into private construction
projects shall be vested to the property owner who shall retain title to each work of art. If
the property is sold, the title must include deed restrictions that protect the artwork and
prevent its removal from the property. The maintenance obligations will be passed on to
the subsequent owner(s). The artwork cannot be altered, modified, relocated or
removed without the prior approval of the public art not-for-profit corporation.
(3) Property owners will be required to maintain the work of art in good
condition in the approved location. In the event of theft or irreparable vandalism, the
property owner will replace the work of art with a new artwork approved by the not-for-
profit corporation. The replacement artwork shall be of equal value of the original
artwork, or the owner must contribute equal dollars to the public art trust fund. If the
work of art is located in the public right-of-way or on public property the not-for-profit
corporation shall maintain such work of art.
(4) The owner may request that the artwork be removed from the site
due to hardship, with the approval of the not-for-profit.
(E) Administration
(1) A public art not-for-profit corporation shall administer the public art
program and the public art trust fund. The purpose, functions and responsibilities shall
be as follows:
(a) The not-for-profit corporation shall prepare implementation
guidelines, selection procedures and organizational policies to facilitate this chapter,
subject to the approval of the City Commission.
(b) The not-for-profit corporation shall prepare an annual plan for the
expenditure of the public and private monies in the public art trust fund, subject to the
approval of the City Commission.
(c) Related to City construction projects, the not-for-profit corporation
shall be responsible for working with property owners to designate sites for the art;
program planning; determining art project scope and budget; managing the artist
selection process; commission artworks; approve design, execution and placement of
artworks; and overseeing maintenance of the artworks and the process for removal of
artworks from the City's public ad collection.
(d) Related to private construction projects, the not-for-profit
corporation shall be responsible for working with property owners to designate sites for
the ad; approve the art project scope and budget; manage the artist or artwork selection
process; commission artworks; approve design, execution and placement of adworks;
review the owner's maintenance of the adworks and coordinate the process for removal
of privately owned adworks commissioned through the public ads program.
(e) The not-for-profit corporation shall invite professionals in the visual
arts and design fields to serve in the artist selection process in order to ensure works of
highest quality, or to assist in the determination or artistic merit of works of art offered to
the City as donation or for purchase.
(f) The not-for-profit corporation shall also ensure appropriate community
participation in this process and public education activities as part of the public art
projects.
(g) The not-for-profit corporation shall coordinate, investigate, review
and recommend to the City Commission other means by which artworks may be
obtained, including donations to the public ad fund, gifts of artwork, and grant
applications for public ad projects.
(h) The not-for-profit corporation shall encourage public art throughout
the City and shall educate and stimulate the participation of all citizens in a joint public
and private effort to promote art in public places.
(i) All artists shall enter into an agreement with the not for profit
corporation that shall also be acceptable to the City.
(F) Appellate Process
An owner/developer may appeal any decision of the not-for-profit corporation to
the City Commission within 10 days of such decision of the not-for-profit corporation
regarding public ad. The City Commission shall have final authority on any decision
made by the not-for-profit corporation.
Section 2. That Appendix A, "Definitions", of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach, Florida is hereby amended by
adding the following definitions to read as follows:
"Aggregate Construction Permit Valuation" means the total of all construction
costs associated with a particular site plan project regardless of the number of permits
associated with the project, or whether it is a phased project. Construction costs
include all labor, structural materials, plumbing, electrical, mechanical, infrastructure,
site work, irrigation and landscaping.
"Artist" or "Professional Artist" means a practicing fine artist, generally
recognized by critics and peers as a professional of serious intent and ability.
Indications of a person's status as a professional artist include, but are not limited to,
income realized through the sole commission of artwork, frequent or consistent art
exhibitions, placement of artwork in public institutions or museums, receipt of honors
and awards, and training in the arts.
"Artwork" or "Works of Art" means tangible creations by artists exhibiting the
highest quality of skill and aesthetic principles and includes all forms of visual art
conceived in any medium, material, or combination thereof, including paintings,
sculptures, statues, engravings, carvings, frescos, stained glass, mosaics, mobiles,
tapestries, murals, photographs, video projections, digital images, bas-relief, high relief,
fountains, kinetic, functional furnishings such as artist designed seating and pavers,
architectural elements designed by an artist, and artist designed landforms or landscape
elements
"Capital Improvement Project" means all projects included in the City's Capital
Improvement Annual Plan involving construction of new capital facilities, additions to
capital facilities, or major remodeling of capital facilities with a an anticipated cost
exceeding $100,000.00. Land and equipment purchases are excluded.
"Publicly Accessible" means locations that are open to the general public during
normal business hours and visible to the general public at all times.
"Public Art Not-for-Profit Corporation" means the entity selected by the city to
administer the public art program.
"Site" means each construction project associated with a particular site plan
regardless of phasing.
Section 3. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence, or word be declared by a court of
competent jurisdiction to be invalid, such decision shall not affect the validity of
the remainder hereof as a whole or part thereof other than the part declared to
be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith
be, and the same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon
its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the __ day of ,200
ATTEST M A Y O R
City Clerk
First Reading
Second Reading
********************** TASKFORCE DRAFT 3/13/03 **********************
RESOLUTION NO
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, ESTABLISHING AN IMPLEMENTATION COMMITTEE
FOR THE PURPOSE OF CREATING A NOT-FOR-PROFIT CORPORATION
AND OUTLINING PROCEDURES NECESSARY TO IMPLEMENTATION OF
THE CITY PUBLIC ARTS ORDINANCE.
WHEREAS, the City Commission established a Public Arts Task Force for the purpose of
recommending methods of incorporating art into future development projects within the City of
Delray Beach and
WHEREAS, that Public Arts Task Force has completed the directive and presented a
final draft of a city ordinance which will accomplish the directive given them by the City
Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That there hereby is established a Public Arts Implementation Committee to
be comprised of both former members of the Public Arts Task Force and volunteer citizens to
assist in the development of the procedures necessary to operate under the Public Arts
Ordinance.
Section 2. That the Public Arts Implementation Committee establish a Not-For-Profit
corporation and apply for 501(c)3 status with the state of Florida.
Section 3. That the City Finance Director establish the Public Arts Trust Account.
Section 4. That the Public Arts Trust Account be funded with Twenty Thousand Dollars
($20,000.00) to be used for startup expenses for the Not-For-Profit Corporation, All expenses
must be approved by the City Manager.
Section $. That the Public Arts Implementation Committee work with city staff on the
contract between the city and the not-for-profit corporation, the application processing
procedures, revisions to the Land Use Regulations and other procedures as necessary
Section 6. The Public Arts Implementation Committee shall immediately pursue its
assigned task with a target date of accomplishing said task by July 1, 2003.
Section 7. The Public Arts Implementation Committee Shall disband upon the discharge
of its assigned task by July 1, 2003, unless othecwise extended by action of the City Commission.
PASSED AND ADOPTED in regular session on this the
EXECUTIVE SUMMARY
DELRAY BEACH ARTS ORDINANCE & GUIDELINES
ORDINANCE
The purpose is to create a public arts program that:
reflects and enhances the city's diversity, character and heritage,
promote and unite the community through art; bdng public art and art education to the
entire community; create public arts community partnerships linking across lines of race,
ethnicity, age, gender, profession, and economic levels,
· bdng public art and art education the entire community: downtown, commercial and
residential neighborhoods and help revitalize areas of the city,
· feature works by professional artists, including local artists, community members and
students working with professional artists,
· funded by both public and pdvate development funds.
Public Art Trust Fund
1. The city will hold in trust funds received by the following:
2. t ½ % of capital improvement projects by the City (excluding the central garage fund and
Water & Sewer Enterprise fund),
a. annual estimated funds = $60,000
3. 1% % of capital improvement projects by the Community Redevelopment Agency (CRA),
a. annual estimated funds = $20,000
4. Art Fees on Private Construction:
a. 1% % of the cumulative permit valuation for new construction or modifications
greater than $100,000 to existing non-residential & mixed use projects
b. 1% % of the cumulative permit valuation for new construction or modifications
greater than $100,000 to existing residential projects, except detached single
family residences
c. Private developers may elect to:
i. pay to have the art fee monies used within the development's quadrant~
ii. have a DBAC selected artwork at the development site valued at 75% of
the art fee
d. past years: 2000 = $255,000 2001 = $585,000 2002 = $660,000
5. donations to the city for public art
6. funds allocated by the City through the budgetary process
Art Trust Fund monies will be administered by a not-for-profit corporation "Delray Beach Arts
Council, Inc." (DBAC) as approved by the city commission.
Funds are to be used within the city quadrant in which they are collected, as divided by Atlantic
Avenue and 195.
DBAC will create an annual art project plan and budget to be approved by the city commission.
DBAC will create and update an art master plan for the city to be approved by the city
commission.
Ownership
Art works on public property or public easements on other property owned and maintained by the
city, maintenance administered and funded by the DBAC and the Art Trust.
Art works incorporated into developments on private property will be owned and maintained by
the property owner.
Administration by the Delray Beach Arts Council, Inc. (DBAC)
City Commission shall appoint a diverse and representative board of directors of a not-for-profit
corporation whose sole responsibility will be to:
· manage the Delray Beach public art program
prepare implementation guidelines for art selection and administration policies,
· annual project plan,
· prepare an arts master plan,
· working with city staff on city construction projects,
· working with private developers on private construction projects,
· administer the art selection panels and process,
· coordinate sources for funding, grants and gifts as well as donated works of art.
EXECUTIVE SUMMARY GUIDELINES
The mission of the Delray Beach Arts Council (DBAC) is to administer a public arts program that
promotes artists and art throughout Delray Beach to reflect and enhance our city's diversity,
character and heritage. By so doing, DBAC:
,O, Promotes and unites the community through art:
· Brings public art and art education to the entire community, including all
downtown and commercial areas as well as residential neighborhoods;
· Revitalizes unimproved areas of the city as well as those that are well
established; and
· Involves community partnerships across lines of race, ethnicity, age, gender,
profession, and economic level.
*.** Provides funding for public art:
· Establishes mandated civic and private funding sources;
· Seeks gifts, donations, and grants from other sources;
· Creates partnerships with community and private developers; and
· Ensures that funding is provided to include projects in areas that do not generate
construction funds as well as those that do generate construction funds,
~ Links community, educational and artistic goals: · Features the work of professional artists;
· Involves local artists, community members and students under the creative
leadership of professional artists;
· Uses a flexible definition of art to include a variety of media, subject matter, and
designs; and
· Educates the community about pubic art through instructive signage, appropriate
lighting, and public programs.
Board of Directors (5 members appointed by the city commission)
(15) members including:
1 Landscape Architect
1 Architect I Engineer
1 Educator I Historian
3 Active Professional Artists
3 Arts Professionals
2 Lay Persons
Liaison members:
City commissioner
CRA
SPRAB
Director of Public Works or designee
Executive director is non-voting member ( except for tie votes)
Applicability
Exemptions
Eligible Artwork
Ineligible Artwork
Eligible Project Costs
Ineligible Project Costs
Art Acquisition Methods
Artist Selection Methods
Modified Artist Selection Process
Artist Recruitment
Pre-qualified Artist Roster
Artist Registry
Artist Eligibility
Artist Ineligibility
Artist Selection Panel
Artist Selection Panel Qualifications
Conflict of Interest Guidelines
Actual Conflicts
Apparent Conflicts
Artist Selection Panel Composition for (ClP) Projects
Voting Members
Non-voting Members
Duties
Meetings
Artist Selection Panel Composition for Pdvate Development
Voting Members
Non-voting Members
Artist Selection Process
Art in Pdvate Development Process
Artwork Implementation
Artist's Contract
Design
Fabrication and Installation
Final Acceptance
Artist's Rights
Ownership
Warranty
L~e of Artwork
Maintenance
Contract Termination
Arbitration
Art Deaccession
Donated Artwork
Community Participation, Education and Outreach Purpose
Arts Education
Distdct Representation
Mission Statement
The mission of the Delray Beach Arts Council, Inc. (DB^C) is to administer a
public arts program that promotes artists and art throughout the City of Delray
Beach to reflect and enhance our city's diversity, character and heritage. By so
doing, the DBAC:
*.** Promotes and unites the community through art:
· Brings public art and art education to the entire community,
including residential and non-residential areas alike;
· Revitalizes unimproved areas of the city as well as those that are
well established;
· Involves community partnerships across lines of race, ethnicity,
age, gender, profession, and economic level.
o.'* Provides funding for public art:
· Establishes mandated civic and private funding sources;
· Seeks gifts, donations, and grants from other sources;
· Creates partnerships with community and private developers; and
· Ensures that funding is provided to include projects in areas that do
not generate construction funds as well as those that do generate
construction funds.
.**. Links community, educational and artistic goals:
· Features the work of professional artists;
· Involves local artists, community members and students under the
creative leadership of professional artists;
· Uses a flexible definition of art to include a variety of media, subject
matter, and designs; and
· Educates the community about pubic art through instructive
signage, and public programs.
Guidelines for Art in Private Development
Purpose
The purpose of the Delray Beach Public Arts Program is to reflect and enhance the
city's diversity, character and heritage through the artworks and designs of artists in
architecture, infrastructure and landscape throughout the City of Delray Beach on public
and private property.
Partnering with artist (s) early in the design process can result in the creation of unique
artistic elements woven into the fabric of the architecture which will set it apart from the
mundane and ordinary. Public arts projects can increase the value of the site, and
create enjoyable and compelling space for residents and visitors alike.
Applicability
All projects and developments as specified below, which are submitted for building
permits after the effective date of the Public Arts Ordinance, must allocate
1 ¼% of the total aggregate construction permit valuation as an art fee prior to the
issuance of the building permit. The art fee will be deposited into the Public Art Trust
Fund.
· All new non-residential projects and developments.
All modifications to existing non-residential projects and developments with a
total construction permit valuation greater than one hundred-thousand dollars
($100,000.00). If modifications affect multiple structures on a project site which
may be permitted separately, the construction permit valuation is based on the
aggregate construction valuation of all permits for the site.
All new residential projects, excluding detached single family residences which
are not part of a Planned Residential Development. Relative to single family
subdivisions, all permits for infrastructure and common area improvements are
subject to pay the art fee, but the subsequent construction of the single family
residences on each lot are exempt from the art fee.
All modifications to existing residential projects, with a total aggregate
construction permit valuation greater than one-hundred thousand dollars
($100,000.00), excluding detached single family residences. If modifications
affect multiple structures on a project site which may be permitted separately, the
construction permit valuation is based on the aggregate construction valuation of
all permits for the site.
All artwork proposed for a project site, whether required or optional, must be reviewed
and approved by the Delray Beach Arts Council. Projects required to pay an art fee will
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comply with all requirements as defined in the Public Arts Ordinance and related
guidelines and policies. Projects which are not required to pay a fee, but would like to
install artwork in the public view must submit the artwork proposal for review and
approval by the DBAC. It is suggested that such artwork projects submit their proposal
at the preliminary design phase to allow for timely input.
Exemptions
Certain governmental and institutional facilities are exempt from the provisions of the
Delray Beach Public Arts Program, as follows:
Palm Beach County School Board properties
All construction projects on State, County, or Federal property that already have
a defined fee and process for art in public places for the project. In this instance,
the governmental agency may use their process, but will be required to include
members of the Delray Beach Arts Council as panelists for the artist and art
selection process.
Art Fee Use Options
For the purpose of the Delray Beach Public Arts Program, the city is divided into
quadrants created by bisecting the city north and south at Atlantic Avenue and bisecting
the city east and west at 1-95.
The owner/developer must select one of the following options at the time of application
for site plan approval or site plan modification. If no site plan approval is required, as in
the case of interior alterations, the selection must be made at the time of building permit
application:
Work with the Delray Beach Arts Council (DBAC) to purchase an existing artwork
which will be sited on the project site. Seventy-five percent (75%) of the art fee
can be used for the artwork on the project site and twenty-five percent (25%) will
be combined with other funds to acquire public art as approved by the DBAC in
the same quadrant as the project site.
Work with the DBAC to have artwork commissioned specifically for the site or
integrated with the architecture, by an artist. Seventy-five percent (75%) of the art
fee can be used for artwork on the project site, and twenty-five percent (25%) will
be combined with other funds to acquire public art as approved by the DBAC in
the same quadrant as the project site.
Decline to have art fee used for art on the project site. One hundred percent
(100%) of the art fee will be used for art acquisition on other public sites within
the same quadrant as approved by the DBAC.
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Eligible Artwork
Any artwork or artist design purchased through this program must be created or
designed by an artist approved by the DBAC. Examples of eligible artwork types
include the following:
· One of a kind building features and enhancements designed by artists, such as
gates, benches, and fountains
· 3 dimensional art, sculptures, free-standing and wall supported artwork
· ^rtist designed landscape art enhancements such as walkways, bridges or art
features within a garden
· Frescos, mosaics, bas-relief, murals, paintings, carvings, engraving
· Site specific artwork
Ineligible Artwork
Any artwork designed and created by an artist not approved by the DBAC is ineligible.
Additionally, the following are examples of work not accepted by the DBAC:
· Business Iogos or signage
· Reproductions or unlimited copies of odginal artwork
· Works that are decorative, ornamental, or functional elements of the architecture
or landscape design, except when commissioned from an artist as an integral
aspect of the structure or site
· Mass produced artwork such as fountains or statuary
· Architectural rehabilitation or historical preservation
· Architectural, hardscape or landscape elements typically associated with such
projects, unless designed by an artist
Eligible Project Costs
When preparing a budget for the artwork, certain costs may be included to meet the
developer's minimum art fee. Moneys in the Public Art Trust Fund can be used for the
following services and products:
· Existing artwork, approved by the DBAC
· Artist's fees, travel and lodging associated with artist selection process.
· Short-listed artist's fees for conceptual design and travel expenses for
presentations to the Artist Selection Panels or the DBAC, if required.
· Artist's design fees
· Artwork shipping and delivery
· Art dealer's commission (15% maximum), if direct purchase from dealer or
gallery.
· ^rts consultant or curator on a fee basis, not commission.
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· Building permit fees for the artwork
· Materials for the fabrication of the artwork, including taxes on those expenditures
· Installation of artwork
· Supports and bases to enable the display of the artwork
· Illumination of the artwork
· Identification plaque
· DBAC staff project management
In the event that it is more cost effective and efficient, the owner may provide many or
all of the elements listed in the eligible artwork costs. In this event, the owner will
submit cost estimates for the services or products or services. An agreement will be
signed by the DBAC and the owner to purchase those products or services. If any part
of the art project is a substitute for another required or desired building or landscape
feature, the DBAC will only finance the difference between the cost of the original
element and the artist-made or artist designed feature.
Ineligible Project Costs:
· Developer's attorney or legal fees
· Projected costs for future maintenance and operation
· Architect's, Engineer's, Planner's or Landscape Architect's fees, unless these
fees are for art projects involving a team of such professionals, working under the
direction of the artist.
· Land costs
Art Acquisition Methods
Working with the owner or developer, the DBAC may acquire artwork through the
following methods:
Commissioned from an artist for a site specific piece
Purchased directly from the artist or other
Re-sited from other areas
If the owner has an existing work of art that he/she would like to utilize for the
project, and if the artwork is accepted by the DBAC through its artist selection
process, the owner must provide a recent appraisal by a professional acceptable
to both the owner and the Public Arts Director. With the appraisal, the DBAC will
return funds to the owner up to the value of the artwork, or seventy-five percent
(75%) of the art fee, whichever is less.
Artist Selection Methods
Open Competition- open to any professional artist meeting eligibility
requirements. Following public notification of the project, an artist may submit
proposals requested through the prospectus.
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· Limited Competition - This process is defined by certain parameters, such as
limited to artists from the South Florida area or regional Flodda artists. It may
also be limited in the sense that a specific medium, i.e., sculpture, metal or glass
be used.
· Direct Selection - This process can be used in circumstances where other
selection methods are impractical due to time constraints or very specific project
requirements. The artist is selected directly by the DBAC or the Artist Selection
Panel.
· Invitational - One or more artists are invited by the selection panel to submit
credentials and be interviewed for a specific project.
· Direct Purchase - a completed work of art is selected for purchase by the DBAC.
Modified Artist Selection Process
For some projects, such as those with a permit construction valuation less than one
million dollars ($1,000,000.00), or where time is of the essence, the Public Arts Director
will have the option to select an artist through direct selection, and convene a panel of
three voting members whose recommendation will be forwarded to the DBAC for
confirmation.
Pre-Qualified Artist Roster
The Public Arts Director will be responsible for the establishment and maintenance of a
pre-qualified artist roster which will allow artists to maintain their resumes on file. This
will enable the Delray Beach Arts Council to expedite the artist selection process on
some projects, especially when time is of the essence. The roster will include slides of
available artwork, as well as pieces the artist feels are representative of his/her body of
current work. The roster can be useful for the Direct Selection or Invitational artist
selection process.
At a minimum every two years, the DBAC will hold an open competition to pre-qualify
artists and available artworks for the roster. In addition to that process, the DB^C may
add artists or artworks to the roster at any time, especially if recommended by a
selection panel for other artworks.
Artist Registry
The Public Arts Director will be responsible for the establishment and maintenance of
an artist registry, alone or in conjunction with other arts organizations. Any artist can
register to receive all public information and calls to artist by e-mail.
Artist Eligibility
Projects are open to any interested professional artist, except as defined for a 'limited
competition'. The artist must be a practicing fine artist, generally recognized by critics
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and peers as a professional of sedous intent and ability. The artist may not be a
member of the project architectural firm.
Artist Ineligibility
No artist may be awarded a contract if the artist is an immediate family or relative or
maintains a direct fiscal relationship with any member of the artist selection panel or if
the artist is a member of the DBAC or its staff.
Artist Recruitment
For projects designated for open competition, limited competition or invitation, the Public
Arts Director will develop a Request for Qualifications or a "call to artists" that contains
the following information:
· Project description, goals, site description, facilities function
· Potential scope of work for artist, site options, and number of artists to be
commissioned
· Application procedure, resume information required
· Selection procedures and schedule
· Selection criteria for artists and artwork (theme, media, scale)
· Project schedule and budget
· Eligibility
The Artist Selection Panel
(ASP) is critical to the process, since a specific panel will generally be convened for the
artist selection for each work of art. In addition to selecting the artist for confirmation by
the DBAC, the ASP may be called on to work with the artist through the design,
fabrication and installation of the artwork. The panel will be dismissed upon acceptance
of the artwork by the DBAC.
Each year, a call for panelists will be issued to the general community and invitations
will be sent to other art professionals. Applicants meeting the selection criteda will be
appointed to a 'pool' of panelists from which Artist Selection Panels will be chosen.
Artist Selection Panelist Qualifications
The artist selection panelist 'pool' must represent a diversity of gender, race, culture and
age. Lay persons representing the diversity of the community may not have the depth of
knowledge of art that other panelists may have, but a genuine interest in public art and
community enrichment is needed. Artists Selection Panelists must meet the following
qualifications:
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If inexperienced, must attend a workshop put on by the Public Arts Director to
educate the panelists on the artist selection process. This workshop will be held
only once a year.
Must have the time to attend and serve artist selection panel interviews and
meetings, which may require several half-day meetings though the course of the
process.
Must have professional experience or knowledge of a particular visual arts/or
design field. Artists, Architects, Landscape Architects, Arts Professionals, Art
Educators and Curators are some of the professions being sought.
· Must have communication and decision making skills and have the ability to work
well in a group.
Must have knowledge of Public Arts trends and the ability to assess the
creativity, design skills of the artist under review and have an understanding of
materials and methods of fabrication.
Conflict of Interest Guidelines
Actual Conflicts
For the purposes of disqualification from participating in or making decisions as a Delray
Beach Arts Council or Art Selection Panelist member, an 'actual' conflict of interest
exists if the members or a member of their immediate family, has a financial interest in
one of the projects appearing before the panel for review or is related by birth or
marriage to an artist whose work is being considered. If an actual conflict of interest is
determined to exist, the DBAC or ASP member must disclose the nature of the conflict
and should disqualify himself/herself from participating in discussions, or making
decisions on any matter affecting the project. The members should leave the room
during discussions and voting on matters affecting the project.
Apparent Conflicts
Although there is no financial interest and therefore no 'actual' conflict of interest, there
are times when a DBAC or ASP member may find that he or she is so strongly attached
to a project that the member cannot be fair in the discussions and recommendations
conceming it. Likewise, a member may feel a strong animosity for a particular project or
artist for reasons unrelated to financial interest. This is an 'apparent' conflict of interest.
If the DBAC or ASP member's feelings are likely to affect his/her judgment, then the
duties required cannot be fulfilled and the member shall refrain from participating in
discussions or voting on matters giving rise to the 'apparent' conflict.
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Artist Selection Panel Composition for Private Development
The Delray Beach Arts Council will appoint an Artist Selection Panel made up of 5
panelists for each project under review. The ASP will have the following composition:
Voting Members
Developer or Owner or designee;
1 Member of the Delray Beach Arts Council;
2 Arts Professional from panelist pool;
Lay Person from panelist pool.
Non-Voting Members
Public Arts Director (may vote in case of tie)
Advisors invited to represent community groups or other interested parties.
Architect or Engineer designing the facility or project
Representative from the Historic Preservation Board, as applicable
Representative from the Site Plan Review and Appearance Board, as applicable
Artist Selection Process
The Artist Selection Panel shall not conduct business without a minimum of four of five
members present, of which, one must be the owner or his/her designee.
If a voting panelist misses one or more of the artists' interviews, the panelist may
continue as part of the discussion, but may not vote on the artist selection. In case of a
tie vote, the Public Arts Director shall cast the deciding vote.
Art in Private Development Process
All artwork proposed for a project site, whether required or optional, must be
reviewed and approved by the Delray Beach Arts Council. Projects required to pay
an art fee will comply with all requirements as defined in the Public Arts Ordinance
and related guidelines and policies. Projects which are not required to pay a fee, but
would like to install artwork in the public view must submit the artwork proposal for
review and approval by the DBAC. It is suggested that such artwork projects submit
their proposal at the preliminary design phase to allow for timely input.
The developer may request a pre-application meeting with the Public Arts Director to
explain the public arts program and the developer's options.
At the time of application to the Planning & Zoning Department, the applicant shall
indicate whether they will work with the Delray Beach Arts Council to have artwork
included on the project site, or whether they elect not to have artwork on the project
site, or whether they are not certain. If they are uncertain, the developer has thirty
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days (30) from the time of application to the P&Z Department to inform the Public
Arts Director, in writing, of their decision. ,
· If the developer elects to not have the artwork on the project site, the payment of
the art fee completes the developer's obligations.
If the developer decides to include artwork on the development site, the developer
must schedule a pre-application meeting with the Public Arts Director to discuss the
program requirements and process, the projected art fee and the developer's goals
and visions. The developer may want to review the roster of pre-qualified artists for
ideas and concepts and to determine the type of professional artist needed for the
project.
An Artist Selection Panel (ASP) may be appointed by the DBAC for the project and a
date will be selected for the first meeting. The number of subsequent meetings
varies with the complexity of the project. The schedule for the APS meetings will be
established at the first meeting.
The Public Arts Director will prepare an agenda for the initial meeting and bring
slides of artists' works which may be appropriate for the site. The amount of the
anticipated art fee will be determined, and a cap for the artists' travel and
honorarium for proposals will be established. The developer or amhitect will bdng
plans, rendering, models or other visual representations which may have been
completed. The ASP will review the proposed site plan and make a determination as
to the type of artwork and its location on the development site. All concerns raised
by the community, project architect and developer shall be identified and the scope
of work will be defined.
At the second meeting, the ASP will review artists' resumes, completed works and
any artwork proposals if requested in the 'call to artists'. The ASP can make a direct
selection or decide to interview a select group of artists. The number of artists to be
interviewed should be no more than five and no less than two. The artist's travel
and hotel expenses will be reimbursed and the artist shall be paid an honorarium for
their proposal based on a fee schedule determined by the Public Arts Director. All
concems raised by the community, project architect and developer shall be
addressed.
A third meeting may be set to interview artists. The artist will present their previous
work and their approach to public art and their initial ideas for the site. If a proposal
is required, it shall be presented at this time. The first choice artist and an alternate
will be selected in case the selected artist declines the commission or is unable to
enter into a contract. A personal interview is not always required. The Public Art
Director may conduct telephone interviews to clarify certain information.
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Within two weeks of the final ASP Meeting, the Public Arts Director will present the
panel's recommendation to the DBAC for confirmation. A formal vote of the full
DBAC must be taken before the selection becomes final.
Art Work Implementation
Upon confirmation by the DBAC, the Public Arts Director will inform the artist and the
owner/developer, in writing, of the DBAC's decision and enter into a contract. The
Arts Director is the only person who can formally announce the commission or
purchase of artwork. The artist is given thirty (30) days to accept or decline in
writing the offer to enter into contract negotiation. If the artist doesn't confirm within
that time, a second letter will be sent by certified mail with a 30 day extension. If the
artist doesn't respond to the second letter, the commission or purchase will be
offered to the first alternate artist.
Artwork in an historic district must be reviewed by the Historic Preservation Board.
The HPB staff will assist with the preparation of the 'call to artists' and will be invited
to the artist selection panel meetings.
Artist's Contract
The DBAC shall enter into a contract with the artist. The contract shall contain or
address the following:
· The scope of work, which defines the artist's responsibilities, the location on site
and the general description of the artwork.
· Provide a signature block for the underlying property owner to grant approval for
the artwork to be installed on the project site.
· Insurance requirements.
· The project schedule, target dates for conceptual design, preliminary design and
final design as well as approvals required prior to moving from one phase to
another. Smaller projects may require only two phases. Artists who have been
paid during the initial review process to provide proposals will have prepared the
conceptual design as part of that process.
· Artwork fabrication transportation and installation responsibilities shall be
established and the time schedule for same.
· Limits of the site preparation shall be defined to discern the responsibilities of the
developer and the artist.
· A payment schedule established including benchmarks for inspections which are
tied to the artist's requests for payment.
· Warranty, catalogue and maintenance recommendations.
The artist has thirty (30) days to execute and retum the contract to the Public Arts
Director. Failure to respond within the time limits may result in the rescinding of the
contract and entering into negotiations with the alternate artist.
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Design
The artist shall conduct all necessary site research for the context of the art on the
development site, the surrounding community and the project. The design for the
artwork should considering the following:
· Location and visibility
· The function of the site and architecture
· The location and the community it serves
· It should be determined whether the artwork will be free standing or integrated
with architectural elements.
· Artwork will be reviewed for materials, durability, future maintenance and
potential for vandalism.
The Artist will develop a design proposal to present to the ASP for its
recommendation to the DBAC for approval.
During this time the artist should research methods and materials for fabrication;
prepare a budget, including costs for fabrication, materials, labor, insurance,
transportation, installation, artist fee and any contingencies; address durability
and maintenance issues; and provide a list of qualified fabricators and installers if
the work is not being fabricated and installed by the artist.
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Upon approval by the DBAC, the artist will begin the final design and
implementation of the project. The final design shall include all documents required
for fabrication of the artwork and site preparation that are to be included in the
construction bid documents and specifications. These documents may include
working drawings, models or templates, depending on the project.
The artist may be required to have the construction documents reviewed and
signed and sealed by a structural engineer or an electrical engineer or other
licensed professional. The artist may be required to make revisions to comply
with applicable building, electrical, life-safety codes, handicap accessibility
requirements, ordinances, statutes, and land development regulations, or comply
with the requirements of any governmental agency having jurisdiction over the
project.
Fabrication and Installation
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Upon approval of the final design, the Public Arts Director will review the fabrication
schedule with the artist and the developer, taking into consideration the construction
schedule of the development site where the artwork will be installed. The fabrication
schedule will be established to ensure the installation of the artwork to be
coordinated with the building or site construction, as required to provide a seamless
process.
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[3
Site Preparation responsibilities are defined in the contract as to the extent they are
to be provided by the developer or as a part of the artist's responsibilities.
· Building permits shall be obtained, as required, for the installation of artwork on
site. Installation of the artwork is the artist's responsibility and licensed
subcontractors must be hired for installations. The artist shall be responsible for
the payment to the subcontractors and shall provide evidence of payment by the
wavier of lien by the subcontractors.
· Transportation of artwork to the site is the responsibility of the artist.
· Communication to artist in the event of project/site delays is the responsibility of
the owner/developer through the Public Arts Director. Timely communication,
based on the fabrication schedule, shall not result in additional fees to the artist,
however, if the date for the commencement of the fabrication process has
passed, additional fees may be incurred for the storage of the artwork.
· If the artwork needs to be stored in the event the project is delayed or the project
site is not ready for the installation of the artwork, based on the timeframe
previously agreed to by the owner/developer, the owner/developer shall pay the
additional costs to cover the artwork storage.
· Signage will be provided by the artist, upon approval by the DBAC which
identifies the artist, the title, date, medium and the reference to the DBAC, which
shall be permanently displayed adjacent to the artwork. The proposed signage
must be approved by the DBAC pdor to fabrication and installation.
Final Acceptance
Upon completion of the artwork project, the artist shall provide to the DBAC the
following:
· Six slides minimum: two sets of color slides of the completed artwork taken from
three different viewpoints
· Two copies of catalogue and maintenance information for the artwork. The
catalogue information will include a description of the full extent of the artwork at
its site and its environmental requirements.
· Two archival copies of the drawings or plans that represent the artwork for future
conservation of the work.
· If the artwork or parts of the artwork was produced using electronic files that
would be required in order to repair or replace a damaged artwork in the future,
the artist will provide an electronic copy.
After the artwork is installed, and the above information provided, the artist shall
request a final inspection from the Public Arts Director for acceptance of the work.
The Arts Director shall issue a letter of acceptance to both the developer and the
artist. One copy of the slides, prints, maintenance information and archival plan sets
shall be delivered to the owner/developer at this time. The second set will be
maintained on file with the DBAC.
Final payment to the artist shall be made by the DBAC within thirty (30) days of the
final acceptance of the artwork.
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Artist's Rights as follows shall be guaranteed by the DBAC after final acceptance of
the artwork:
· A description of the full extent of the artwork and all its attributes shall be
provided by the artist at the end of the project. The artwork shall not be altered,
modified, removed or relocated from a site integral to the concept of the work
without first consulting with the DBAC and artist, if possible. It is the
responsibility of the artist to update the DBAC with their current mailing address
for notification purposes. If a work has, nevertheless, been significantly altered,
the artist shall have the right to disclaim ownership.
· Unless granted by the artist to the DBAC or owner, the copyright of the artwork
shall belong to the artist(s), but the property owner upon whose property the
artwork is located and the DBAC shall be granted in the contract, the right to
make two-dimensional reproductions, or photographs to be used in connection
with publicity for the Public Arts Program and used by the owner of the property
for any legal purpose.
· The property owner shall be responsible to maintain the artwork in good
condition by following the periodic maintenance requirements provided to the
property owner, by the artist at the time of final acceptance. If the proposed
measures are inadequate to effectively repair the artwork, the property owner
shall make an effort to consult with the artist on repairs.
Ownership of artwork is the underlying property owner. If the property is sold, the title
must include deed restrictions that protect the artwork and prevent its removal from the
property for a period of twenty years, from the date of installation. The maintenance
obligations will be passed on to the subsequent owner(s). The artwork cannot be
altered, modified, relocated or removed without the pdor approval of the DBAC. If the
owner decides he wants to change out the artwork on the site he must return to the
DBAC for such approval.
After a pedod of twenty years, the owner may return to the DBAC to request that the
artwork be removed from the site, either due to unreasonable maintenance costs, or
due to changes in the site, or changes in art trends that would make it desirous to
remove the artwork. Upon approval by the DBAC, the property owner will be relieved of
all obligations to provide art at the site.
Warranty
The artist shall warranty the following:
· The art is an odginal work and does not infringe upon any copyrights. Artwork
which is part of an edition must cleady indicate the number of works in the edition
and the number of the work to be acquired.
· The art, or original multiple, has not been accepted for sale anywhere else.
· Execution and fabrication of the art will be preformed in a professional manner.
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The art as fabricated and installed will be free of defects in materials and
craftsmanship, including any defects or qualities causing or accelerating
deterioration.
Life of the Artwork
The artwork must be created to survive a minimum of twenty (20) years, assuming the
periodic necessary maintenance and the original environmental conditions of the work,
except under the following circumstances:
· Murals can only be expected to have a life of five (5) years.
· Accepted by the DBAC during the original artwork proposal stage and wdtten into
the artist's contract that the artwork would have a specific and limited lifetime.
Accepted by the DBAC during the original artwork proposal stage and written into
the artist's contract that the artwork will require periodic replacement or upgrade
as technology changes. In this circumstance, the artist would provide the DBAC
with the necessary information and technology to reproduce or upgrade the
artwork without the artist.
Accepted by the DBAC during the odginal artwork proposal stage and wr'rtten into
the artist's contract that the elements surrounding the site specific artwork may
be changed, thus ending the life of the artwork, although many physical attributes
of the artwork may remain on site and still satisfy the conditions of the Delray
Beach Public Art Program.
Maintenance
Repairs shall be made by the property owner based on the maintenance
schedule provided by the artist at the time of acceptance. The property owner will
make every reasonable effort to contact the artist to repair the artwork, when
established procedures have not corrected the deterioration.
The DBAC will inspect art on private property on an annual basis and notify
property owners of any maintenance needed for the artwork. Failure to correct
the maintenance deficiencies noted within ninety (90) days shall result in the
owner being cited for the maintenance of the artwork, through the City of Delray
Beach Code Enforcement Board procedures.
Contract Termination
The artist's services may be terminated under the following conditions: · By mutual consent of the parties
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For the convenience of the DBAC, provided that the DBAC notifies the artist in
writing of its intent to terminate, at least thirty (30) days prior to the date of
termination.
For cause, by either party, where the other party fails in a material way to
perform its obligations under the contract. Termination for cause is subject to the
condition that the terminating party notifies the other party of the intent to
terminate, stating with reasonable specificity the grounds, therefore, and the
other party fails to cure the default within thirty (30) days of receiving the notice.
In the event the contract is terminated, the DBAC shall pay the artist for work
preformed and shall reimburse for expenses incurred prior to the termination
date.
Arbitration
Arbitration of the contract may occur in the event of a dispute between the artist and the
DBAC conceming the terms of the contract. If the parties are unable to arrive at a
mutually acceptable solution, they may request that a mutually acceptable arbitrator,
familiar with artwork and construction, settle the dispute. The cost of the arbitration
shall be borne equally. Any decision made as a result of such arbitration shall be
binding and enforceable in a court of law pursuant to the Flodda Arbitration Code.
Art in Pnvate Development
City of Delray Beach
Page 15of15
Art Selection Guidelines for Capital Improvement Program Projects
Purpose
The purpose of the Delray Beach Public Arts Program is to reflect and enhance the
city's diversity, character and hedtage through the artworks and designs of artists in
architecture, infrastructure and landscape throughout Delray Beach on public and
private property.
Partnering with artist (s) eady in the design process can result in the creation of unique
artistic elements woven into the fabric of the architecture which will set it apart from the
mundane and ordinary. Public arts projects can increase the value of the site, and
create enjoyable and compelling space for residents and visitors alike.
Applicability
During the city's budget review process which begins in April every year, Capital
Improvement Program (CIP) projects will be identified which will be budgeted for the
upcoming fiscal year which runs from October 1st to September 31st. The 1%% art fee
generated from those projects will be transferred to the Public Art Trust Fund and used
as the basis for the operating budget and art acquisition and maintenance for the Delray
Beach Arts Council (DBAC).
The DBAC on an annual basis approves an artwork budget which designates artwork
projects, the allocation of the funds and the method of art work selection consistent with
the Master Plan for Public Art. The DBAC will decide which CIP projects are deemed
appropriate for an art component. Art fees for CIP projects which do not lend
themselves to the installation of art on the site will be used or combined with funds for
appropriate CIP projects or other areas identified in the Master Plan.
Once a project has been identified in the Master Plan, The Public Arts Director and
program staff will start planning the project with the cooperation of the appropriate
department staff. The artwork may be a piece of art selected to be free-standing on the
site or it may be designed by an artist as an integral part of the architecture or other site
furnishings, such as seating, or a plaza, as an example. Planning will include meetings
with the project staff or project architect or engineer to formulate the scope of the
project; identification of background information on project site and usage as well as the
historical and cultural context.
The Public Arts Director will make a recommendation to the DBAC addressing the
budget, type of artwork, the number of artworks, the method of selection, the panel
composition and the names of the panelists. Prior to appointing an Artist Selection
Panel, the DBAC will approve the recommendation. The DBAC will generally convene a
separate Artist Selection Panel for each CIP project identified to include art.
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Exemptions
Expenditures listed in the Capital Improvement Project budget dedicated solely to
the purchase of equipment, including but not limited to automobiles, fire trucks
and computer systems.
Expenditures listed in the Capital Improvement Project budget within the utility
capital improvement section of the Annual Capital budget, or any amendment to
that budget, including but not limited to, sewer, water, storm water and any other
underground utility.
Eligible Artwork
Any artwork or artist design purchased through this program must be created or
designed by an artist approved by the DBAC. Examples of eligible artwork types
include the following:
One of a kind building features and enhancements designed by artists, such as
gates, benches, and fountains
· 3 dimensional art, sculptures, free-standing and wall supported artwork
· Artist designed landscape art enhancements such as walkways, bridges or art
features within a garden
· Frescos, mosaics, bas-relief, murals, paintings, carvings, engraving
· Site specific artwork
Ineligible Artwork
Any artwork designed and created by an artist not approved by the DBAC is ineligible.
Additionally, the following are examples of work not accepted by the DBAC:
· Business Iogos or signage
· Reproductions or unlimited copies of original artwork
· Works that are decorative, ornamental, or functional elements of the architecture
or landscape design, except when commissioned from an artist as an integral
aspect of the structure or site
· Mass produced artwork such as fountains or statuary
· Architectural rehabilitation or historical preservation
· Architectural, hardscape or landscape elements typically associated with such
projects, unless designed by an artist
Eligible Project Costs
When preparing a budget for the artwork, certain costs may be included to meet the
minimum art fee as follows:
Page 2 of 14 ts
· Existing artwork, approved by the DBAC
· Artist's fees, travel and lodging associated with artist selection process.
· Short-listed artist's fees for conceptual design and travel expenses for
presentations to the Artist Selection Panels or the DBAC, if required.
· Artist's design fees
· Artwork shipping and delivery
· Art dealer's commission (15% maximum), if direct purchase from dealer or
gallery.
· Arts consultant or curator on a fee basis, not commission.
· Materials for the fabrication of the artwork, including taxes on those expenditures
· Installation of artwork
· Supports and bases to enable the display of the artwork
· Illumination of the artwork
· Identification plaque
· DBAC staff project management
Ineligible Project Costs:
Architect's, Engineer's, Planner's or Landscape Architect's fees, unless these
fees are for art projects involving a team of such professionals, working under the
direction of the artist.
Art Acquisition Methods
Artwork may be acquired through the following methods:
· Commissioned from an artist for a site specific piece;
· Purchased directly from the artist or gallery;
· Re-sited from other areas in the city's collection.
· Donated Art Work
Artist Selection Methods include:
· Open Competition- open to any professional artist meeting eligibility
requirements. Following public notification of the project, an artist may submit
proposals requested through the prospectus.
· Limited Competition - This process is defined by certain parameters, such as
limited to artists from the South Florida area or regional Florida artists. It may
also be limited in the sense that a specific medium, i.e., sculpture, metal or glass
be used.
· Direct Selection - This process can be used in circumstances where other
selection methods are impractical due to time constraints or very specific project
requirements. The artist is selected directly by the DBAC or the Artist Selection
Panel.
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· Invitational - One or more artists are invited by the selection panel to submit
credentials and be interviewed for a specific project.
· Direct Purchase - a completed work of art is selected for purchase by the DBAC
or the Artist Selection Panel.
Modified Artist Selection Process
For some projects, such as those with an artwork budget of $10,000 or less, or where
time is of the essence, the Public Arts Director will have the option to select an artist
through direct selection, and convene a panel of three voting members whose
recommendation will be forwarded to the DBAC for confirmation.
Artist Recruitment
For projects designated for open competition, limited competition or invitation, the Public
Arts Director will develop a Request for Qualifications or a "call to artists" that contains
the following information:
· Project description, goals, site description, facilities function
· Potential scope of work for artist, site options, and number of artists to be
commissioned
· Application procedure, resume information required
· Selection procedures and schedule
· Selection cdteria for artists and artwork (theme, media, scale)
· Project schedule and budget
· Eligibility
Pre-Qualified Artist Roster
The Public Arts Director will be responsible for the establishment and maintenance of a
pre-qualified artist roster which will allow artists to maintain their resumes on file. This
will enable the Delray Beach Arts Council to expedite the artist selection process on
some projects, especially when time is of the essence. The roster will include slides of
available artwork, as well as pieces the artist feels are representative of his/her body of
current work. The roster can be useful for the Direct Selection or Invitational artist
selection process.
At a minimum every two years, the DBAC will hold an open competition to pre-qualify
artists and available artworks for the roster. In addition to that process, the DBAC may
add artists or artworks to the roster at any time, especially if recommended by a
selection panel for other artworks.
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Artist Registry
The Public Arts Director will be responsible for the establishment and maintenance of
an artist registry, alone or in conjunction with other arts organizations. Any artist can
register to receive all public information and calls to artist by e-mail.
Artist Eligibility
Projects are open to any interested professional artist, except as defined for a 'limited
competition'. The artist must be a practicing fine artist, generally recognized by critics
and peers as a professional of serious intent and ability. The artist may not be a
member of the project architectural firm.
Artists are eligible for no more than two major projects over a three year pedod. In this
case, 'major' is defined as a commission or purchase amount of $5,000.00 or more.
The three year pedod begins on the date a contract is signed between the artist and the
Delray Beach Arts Council.
Artist Ineligibility
No artist may be awarded a contract if the artist is an immediate family or relative or
maintains a direct fiscal relationship with any member of the artist selection panel or if
the artist is a member of the DBAC or its staff.
The Artist Selection Panel
(ASP) is critical to the process, since a specific panel will generally be convened for the
artist selection for each work of art. In addition to selecting the artist for confirmation by
the DBAC, the ASP may be called on to work with the artist through the design,
fabrication and installation of the artwork. The panel will be dismissed upon acceptance
of the artwork by the DBAC.
Each year, a call for panelists will be issued to the general community and invitations
will be sent to other art professionals. Applicants meeting the selection criteria will be
appointed to a 'pool' of panelists from which Artist Selection Panels will be chosen.
Artist Selection Panelist Qualifications
The artist selection panelist 'pool' must represent a diversity of gender, race, culture and
age. Lay persons representing the diversity of the community may not have the depth of
knowledge of art that other panelists may have, but a genuine interest in public art and
community enrichment is needed. Artists Selection Panelists must meet the following
qualifications:
Page 5 of 14 ts
· If inexperienced, must attend a workshop put on by the Public Arts Director to
educate the panelists on the artist selection process. This workshop will only be
held once a year.
· Must have the time to attend and serve artist selection panel interviews and
meetings, which may require several half-day meetings though the course of the
process.
· Must have professional experience or knowledge of a particular visual arts/or
design field. Architects, Landscape Architects, Arts Professionals, Art Educators
and Curators are some of the professions being sought.
· Must have communication and decision making skills and have the ability to work
well in a group.
Must have knowledge of Public Arts trends and the ability to assess the
creativity, design skills of the artist under review and have an understanding of
materials and methods of fabrication.
Conflict of Interest Guidelines
Actual Conflicts
For the purposes of disqualification from participating in or making decisions as a Delray
Beach Arts Council or Art Selection Panelist member, an 'actual' conflict of interest
exists if the members or a member of their immediate family, has a financial interest in
one of the projects appearing before the panel for review or is related by birth or
marriage to an artist whose work is being considered. If an actual conflict of interest is
determined to exist, the DBAC or ASP member must disclose the nature of the conflict
and should disqualify himself/herself from participating in discussions, or making
decisions on any matter affecting the project. The members should leave the room
dudng discussions and voting on matters affecting the project.
Apparent Conflicts
Although there is no financial interest and therefore no 'actual' conflict of interest, there
are times when a DBAC or ASP member may find that he or she is so strongly attached
to a project that the member cannot be fair in the discussions and recommendations
conceming it. Likewise, a member may feel a strong animosity for a particular project or
artist for reasons unrelated to financial interest. This is an 'apparent' conflict of interest.
If the DBAC or ASP member's feelings are likely to affect his/her judgment, then the
duties required cannot be fulfilled and the member shall refrain from participating in
discussions or voting on matters giving rise to the 'apparent' conflict.
ASP Composition for Capital Improvement Project (CIP) Generated Projects:
The Delray Beach Arts Council will appoint an Artist Selection Panel made up of 5
panelists for each project under review. The ASP will have the following composition:
Page 6 of 14 ts
Voting Members
Department Representative Impacted by the CIP;
1 Member of the Delray Beach Arts Council;
2 Arts Professionals from panelist pool;
Lay Person from panelist pool.
Non-Voting Members
Public Arts Director (may vote in case of tie)
Advisors invited to represent community groups or other interested parties.
Architect or Engineer designing the facility or project
Representative from the Site Plan Review and Appearance Board, as applicable.
Representative of the Historic Preservation Board, as applicable.
Artist Selection Panel Duties:
Panelists will recommend whether the artwork should be commissioned or purchased
from existing artworks available. The ASP will discuss the artwork's siting and concept
and its appropriateness for the location. In making their recommendation for artist
selection the ASP must consider the following issues:
· The site, the facility, its function and architecture
· The location of the site or facility and the communities it serves
· The quality of the artist's previous work or proposal and its appropriateness to
the site
· Durability of materials and future maintenance
· Potential for vandalism
· Artist's ability to execute the commission.
The Artist Selection Panel will recommend their primary choice of artist and an
alternate, and will forward their written recommendations to the Delray Beach Arts
Council for confirmation.
Artist Selection Panel Meetings
The number of panel meetings will vary according to the complexity of the project. Prior
to each meeting, the Public Arts Director will prepare the agenda and slide
presentations for the artist selection panel. Meeting summaries from previous meetings
will be distributed. Site visits, if needed, will be arranged.
At the initial meeting, the panel reviews the artwork scope, potential sites, selection
criteria, and any other pertinent issues. The designing architect or engineer will present
the project on behalf of the Department whose budget generated the project. The
architect/engineer will provide architectural plans, renderings, models or other visual
representations that have been completed to date. Panelists will discuss the project
Page 7 of 14 Is
scope, site and concept, as well as concerns raised by the community, departments, or
designer.
The panel shall review slides of artists who have submitted qualifications for the project.
Through a series of votes, the panel shall create a short-list of no more than five artists.
The short-listed artists will be interviewed by the ,ASP and artists or their representatives
will present their previous work and provide their approach to public art and present
their initial ideas for the site artwork. If proposals are required, the proposal shall be
presented at this time.
Based on the interviews, the panelists will vote to select the artist to be commissioned.
If a voting panelist misses one or more of the artists' interviews, the panelist may
continue as part of the discussion, but may not vote on the artist selection. In case of a
tie vote, the Public ,Arts Director shall cast the deciding vote. ,An altemate artist will be
selected in case the selected artist declines the commission or is unable to enter into a
contract.
Within two weeks of the final ASP Meeting, the Public Arts Director will present the
panel's recommendation to the DB,AC for confirmation. ^ formal vote of the full DB,AC
must be taken before the selection becomes final. The City Manager, City Commission
and Department head will be informed of the confirmed recommendation.
If the DBAC is reluctant to confirm the panel's first or alternate recommendation, the
DBAC will meet with the ,ASP to discuss its concerns. If the DBAC will not confirm the
recommendation, the project will be reevaluated and the search may be reopened with
a new panel, if necessary.
After the DBAC has approved an acquisition, the Public Arts Director or his designee
prepares and negotiates the contract for purchase or commission of the work and the
contract is approved by the DB,AC and City Commission. The Public Arts Director shall
work as the liaison between the artist or provider of art work and the City Department
impacted by the project.
Art Work Implementation
Upon confirmation by the DBAC, the Public Arts Director will inform the artist and the
City Manger, in writing, of the DB,AC's decision enter into a contract. The Arts
Director is the only person who can formally announce the commission or purchase
of an artwork. The artist is given 30 days to accept or decline in writing, the offer to
enter into a contract negotiation. If the artist doesn't confirm within that time, a
second letter will be sent by certified mail with a 30-day extension. If the artist
doesn't respond to the second letter, the commission or purchase will be offered to
the first alternate artist.
Upon acceptance of the invitation to enter into contract negotiation, the artist will
meet with the ,ASP to ascertain scope of work and review the project development
Page 8 of 14 ts
process. The artist will be provided with any plans and review requirements and site
limitations or code requirements. Concepts for the artwork should be reviewed
considering the following:
· Location and visibility
· The function of the site and architecture
· The location and the community it serves
· It should be determined whether the artwork will be free standing or integrated
with architectural elements.
· Artwork will be reviewed for materials, durability, future maintenance and
potential for vandalism.
El
Artwork affecting architectural elevations must be reviewed by the Site Plan Review
and Appearance Board or the Historic Preservation Board, as applicable.
These items will be represented at the meetings by the Public ^rts Director and the
owner's representative.
Artist's Contract
El
The DBAC shall enter into a contract with the artist. The contract shall contain or
address the following:
· The scope of work, which defines the artist's responsibilities, the location on site
and the general description of the artwork.
· Provide a signature block for the underlying property owner to grant approval for
the artwork to be installed on the project site.
· The project schedule, target dates for conceptual design, preliminary design and
final design as well as approvals required prior to moving from one phase to
another. Smaller projects may require only two phases. Artists who have been
paid during the initial review process to provide proposals will have prepared the
conceptual design as part of that process.
· Fabrication and installation responsibilities shall be established and the time
schedule for same.
· Limits of the site preparation shall be defined to discern the responsibilities of the
artist.
· A payment schedule established including benchmarks for inspections which are
tied to the artist's request for payment.
The artist has thirty (30) days to execute and return the contract to the Public Arts
Director. Failure to respond within the time limits may result in the rescinding of the
contract and entering into negotiations with the alternate artist.
Design
El
If a conceptual design was not part of the previous process, after signing the
contract, but prior to the commencement of the conceptual design, the artist will
meet with the ASP to discuss parameters.
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· Once the conceptual design is approved, the artist shall proceed with the
preliminary design, considering changes requested from the conceptual design
by the ASP. During this time the artist should research methods and materials for
fabrication; prepare a budget, including costs for fabrication, materials, labor,
insurance, transportation, installation, artist fee and any contingencies; address
durability and maintenance issues; and provide a list of qualified fabricators and
installers if the work is not being fabricated and installed by the artist.
· The preliminary design will be approved by the ASP. Any significant changes
from the previously approved conceptual design must be reviewed by the DBAC.
· The final design shall include all documents required for fabrication of the
artwork and site preparation that are to be included in the construction bid
documents and specifications. These documents may include working drawings,
models or templates, depending on the project.
· The artist may be required to have the construction documents reviewed and
signed and sealed by a structural engineer or an electrical engineer or other
licensed professional. The artist may be required to make revisions to comply
with applicable building, electrical, life-safety codes, handicapped accessibility,
city ordinances, statutes, and land development regulations, or comply with the
requirements of any governmental agency having jurisdiction over the project.
Fabrication and Installation
Upon approval of the final design, the ASP will review the fabrication schedule with
the artist and the city project representative, taking into consideration the
construction schedule of the development site where the artwork will be installed.
The fabrication schedule will be established to ensure the installation of the artwork
to be coordinated with the building or site construction, as required to provide a
seamless process.
Site Preparation responsibilities are defined in the contract as to the extent they are
to be provided by the city or as a part of the artist's responsibilities.
· Building permits shall be obtained, as required, for the installation of artwork on
site. Installation of the artwork is the artist's responsibility and licensed
subcontractors must be hired for installations. The artist shall be responsible for
the payment to the subcontractors and shall provide evidence of payment by the
wavier of lien by the subcontractors.
· Transportation of artwork to the site is the responsibility of the artist.
· Communication to artist in the event of project/site delays is the responsibility of
the city through the Public Arts Director. Timely communication, based on the
fabrication schedule, shall not result in additional fees to the artist, however, if the
date for the commencement of the fabrication process has passed, additional
fees may be incurred for the storage of the artwork.
· If the artwork needs to be stored in the event the project is delayed or the project
site is not ready for the installation of the artwork, based on the timeframe
previously agreed to by the city, the city shall pay the additional costs to cover
the artwork storage.
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Signage will be provided by the artist, upon approval by the DBAC which
identifies the artist, the title, date, medium and the reference to the DBAC, which
shall be permanently displayed adjacent to the artwork. The proposed signage
must be approved by the DBAC prior to fabrication and installation.
Final Acceptance
Upon completion of the artwork project, the artist shall provide to the DBAC the
following:
· Six slides minimum: two sets of color slides of the completed artwork taken from
three different viewpoints.
· Two copies of catalogue and maintenance information for the artwork. The
catalogue information will include a description of the full extent of the artwork at
its site and its environmental requirements.
· Two archival copies of the drawings or plans that represent the artwork for future
conservation of the work.
· If the artwork or parts of the artwork was produced using electronic files that
would be required in order to repair or replace a damaged artwork in the future,
the artist will provide an electronic copy.
After the artwork is installed, and the above information provided, the artist shall
request a final inspection from the Public Arts Director for acceptance of the work.
The Arts Director shall issue a letter of acceptance to both the city and the artist.
One copy of the slides, prints, maintenance information and archival plan sets shall
be delivered to the city at this time. The second set will be maintained on file with the
DBAC.
I;3 Final payment to the artist shall be made by the DBAC within thirty (30) days of the
final acceptance of the artwork.
Artist's Rights as follows shall be guaranteed by the DBAC after final acceptance of
the artwork:
· A description of the full extent of the artwork and all its attributes shall be
provided by the artist at the end of the project. The artwork shall not be altered,
modified, removed or relocated from a site integral to the concept of the work
without first consulting with the DBAC and artist, if possible. It is the
responsibility of the artist to update the DBAC with their current mailing address
for notification purposes. If a work has, nevertheless, been significantly altered,
the artist shall have the right to disclaim ownership.
· Unless granted by the artist to the DBAC or owner, the copyright of the artwork
shall belong to the artist(s), but the property owner upon whose property the
artwork is located and the DBAC shall be granted in the contract, the right to
make two-dimensional reproductions, or photographs to be used in connection
with publicity for the Public Arts Program and used by the owner of the property
for any legal purpose.
Page 11 of 14 ts
The property owner shall be responsible to maintain the artwork in good
condition by following the periodic maintenance requirements provided to the
property owner, by the artist at the time of final acceptance. If the proposed
measures are inadequate to effectively repair the artwork, the property owner
shall make an effort to consult with the artist on repairs.
Ownership of artwork is the Delray Beach Arts Council. The artwork cannot be altered,
modified, relocated or removed without the prior approval of the DBAC.
Warranty
The artist shall warranty the following:
· The art is an original work and does not infringe upon any copyrights. Artwork
which is part of an edition must clearly indicate the number of works in the edition
and the number of the work to be acquired.
· The art, or original multiple, has not been accepted for sale anywhere else.
· Execution and fabrication of the art will be preformed in a professional manner.
· The art as fabricated and installed will be free of defects in materials and
craftsmanship, including any defects or qualities causing or accelerating
deterioration.
Life of the Artwork
The artwork must be created to survive a minimum of twenty (20) years, assuming the
periodic necessary maintenance and the original environmental conditions of the work,
except under the following circumstances:
· Murals can only be expected to have a life of five (5) years.
· Accepted by the DBAC during the odginal artwork proposal stage and written into
the artist's contract that the artwork would have a specific and limited lifetime.
Accepted by the DBAC during the original artwork proposal stage and wdtten into
the artist's contract that the artwork required pedodic replacement or upgrade as
technology changed. In this circumstance, the artist would provide the DBAC with
the necessary things to reproduce or upgrade the artwork without the artist.
Accepted by the DBAC during the original artwork proposal stage and wdtten into
the artist's contract that the elements surrounding the site specific artwork may
be changed, thus ending the life of the artwork, although many physical attributes
of the artwork may remain on site and still satisfy the conditions of the Delray
Beach Public Art Program.
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Maintenance
· Repairs shall be made by the DBAC based on the maintenance schedule
provided by the artist at the time of acceptance. The DBAC will make every
reasonable effort to contact the artist to repair the artwork, when established
procedures have not corrected the deterioration.
· The DBAC will inspect artwork on an annual basis and document any
maintenance needed for the artwork. The maintenance will be scheduled by the
Public Arts Director.
Contract Termination
The artist's services may be terminated under the following conditions: · By mutual consent of the parties
· For the convenience of the DBAC, provided that the DBAC notifies the artist in
writing of its intent to terminate, at least thirty (30) days prior to the date of
termination.
· For cause, by either party, where the other party fails in a material way to
perform its obligations under the contract. Termination for cause is subject to the
condition that the terminating party notifies the other party of the intent to
terminate, stating with reasonable specificity the grounds, therefore, and the
other party fails to cure the default within thirty (30) days of receiving the notice.
· In the event the contract is terminated, the DBAC shall pay the artist for work
preformed and shall reimburse for expenses incurred prior to the termination
date.
Arbitration
Arbitration of the contract may occur in the event of a dispute between the artist and the
DBAC conceming the terms of the contract. If the parties are unable to arrive at a
mutually acceptable solution, they may request that a mutually acceptable arbitrator,
familiar with artwork and construction, settle the dispute. The cost of the arbitration
shall be borne equally. Any decision made as a result of such arbitration shall be
binding and enforceable in a court of law pursuant to the Florida Arbitration Code.
Art Deaccession
As the public arts program grows and evolves, there may be situations where an
artwork may need to be removed from either the site or the city's collection, entirely.
A work of art may require deaccessioning for the following reasons:
· Destruction, either by deterioration, vandalism, or accident to the extent that
repairs or restoration is impractical or unfeasible.
· The ongoing cost of maintenance exceeds the value of the artwork.
Page 13of 14 ts
· Required changes to the site, by the City, will destroy the integrity of the work
because of its relationship to the site.
Any artwork identified for relocation or deaccession shall be reviewed and approved by
the DBAC. Prior to deaccession the DBAC shall work with the original artist, if possible,
or art maintenance or conservation consultants to identify problems and determine
possible solutions.
If the problems can't be overcome, the DBAC will recommend the artwork be removed
from the city collection. If the DBAC elects to have the piece removed from the
collection, the artist should be contacted to give them the right of first refusal, to have
the piece returned to them (at their cost for shipping). If the artist can't be located or
does not want the piece returned, then the city may elect to have the work auctioned in
the city's annual public works auction, or annual art auction (there is not one at this
time, but may be established in the future).
In other cases, the city may want to relocate a piece from its current location, should a
more valued piece become available, which could be sited in its place.
Donated Artwork
Proposed gifts of works of art are referred to the DBAC for their review and acceptance.
Review is based on the criteria established in the Master Plan for Public Art, and based
on the work's condition, its appropriateness for a given available site, and future
maintenance.
Proposed gifts or funds for the acquisition of works of art, if restricted or dedicated in
any way, are reviewed to insure that such restrictions or dedications are consistent with
the Master Plan.
An independent appraisal may be required for the purpose of establishing the tax
benefit which may be realized by the donor. This expense will be borne by the donor. If
the artwork is accepted into the city's collection, the DBAC will provide the donor with a
record of receipt for the Internal Revenue Service.
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RECEIVED
5- 2003
CiTY P,/~ANAGER
To
From:
Date:
David T. Harden, City Manager
M. Saffof~e Director
Joseph
March 4, 2003
Subject:
Sick Leave Exchanged for Retirement Plan Contributions
This memorandum is prepared to respond to your correspondence dated February 4th
2003 attached.
In recent articles in the Kiplinger Newsletter and the Payroll Manager's Letter, it was
disclosed that sick leave could be exchanged for retirement plan contributions. In other
words, unused sick leave could be given up in exchange for a cash contribution to a 457
or 401(a) plan. The most referred to exchange rate is 5 sick days for 1 day's pay (5 to 1
ratio) The cash contribution must be made to a retirement plan and cannot be given in
cash to the employee in order to be a non-taxed event. The primary purpose for this
exchange would be to minimize lost time, improve productivity and create an additional
incentive for not using sick leave time.
Background Data
The Personnel Policies, Section 107.03 Accrual of Sick Leave, stipulates that a full-time
employee can accumulate a maximum of 1,120 hours of sick leave time (1,344 hours for
a 48 hour per week employee). Sick leave continues to accrue after these maximums are
achieved. Employee is paid for his sick leave up to a maximum of either 560 hours or
1,120 hours (1,344 for shift employee) per the information noted below.
The Personnel Policies, Section 107 04(A.) Unused Sick Leave upon Termination,
stipulates that an employee who resigns in good standing can be paid for unused sick
leave as follows:
0 % for 0-5 years of service up to a maximum of 560 hours
25% for 5-10 years of service up to a maximum of 560 hours
50% for 10-15 years of service up to a maximum of 560 hours
75% for 15-20 years of service up to a maximum of 560 hours
100% for 20 years of service or more up to a maximum of 560 hours
The Personnel Policies, Section 107.04(B.) Unused Sick Leave upon Termination,
stipulates that an employee who retires from the City after 20 years of service can be paid
for unused sick 100% up to maximum of 1,120 hours (1,344 for shift employee).
Current Employee Choices for Unused Sick Leave
Employee, upon termination or retirement in good standing, can choose to be paid
for unused sick leave subject to maximum limits as previously mentioned. This
would be considered as regular salary and taxed accordingly. Any hours that
exceed the maximum limits would be forfeited.
Employee, upon retirement in good standing, can execute an election to contribute
unused sick leave subject to maximum limits as previously mentioned to the
VantageCare Retiree Health Trust in lieu of being paid compensation. This
contribution would be considered pre-tax and, if used for health purposes
following retirement, could be withdrawn tax-free Any hours that exceed the
maximum limits would be forfeited.
Potential Employee Choices for Unused Sick Leave that Exceeds Maximum Limits
1. Employee, upon termination or retirement in good standing, can execute an
election to contribute unused sick leave above the normal maximum limits as
previously mentioned to the ICMA 457 Plan (up to Plan limits). This contribution
would be considered pre-tax. The City would be willing to contribute 1 days pay
for each 5 days of sick leave (as an example) offered above the normal maximum
limits.
2. Employee, upon termination or retirement in good standing, can execute an
election to contribute unused sick leave above the normal maximum limits as
previously mentioned to the ICMA 401(A) Plan (up to Plan limits). This
contribution would be considered pre-tax The City would be willing to
contribute 1 days pay for each 5 days of sick leave (as an example) offered above
the normal maximum limits.
3. Employee, upon retirement in good standing, can execute an election to contribute
unused sick leave above the normal maximum limits as previously mentioned to
the ICMA VantageCare Retiree Health Plan (up to Plan limits) This contribution
would be considered pre-tax. The City would be willing to contribute 1 days pay
for each 5 days of sick leave (as an example) offered above the normal maximum
limits.
These potential additional employee choices are for sick leave hours that exceed the
normal maximum hours as set forth in our current policies. We have confirmed this
information with our ICMA representatives.
Please review this information and the attachments to determine if you want to
recommend any changes to our current policies.
Encl Correspondence from DTH dated February 4th 2003
Payroll Manager's Letter
DELRAY BEACH
AlI-AmdcaCity
1993
2001
109 N W ls~ AV~NU-:
DEL~AY BEACH, FLO,qJDA 334'44
551 2-,J. 3 - '
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Joe Safford, Finance Director
David T. Harden, City Manager~
February 4, 2003
EXCHANGE OF SICK LEAVE FOR 401(K) CONTRIBUTIONS
Please investigate this further. I see it as a potential benefit for those employees
who accumulate more sick leave than the maximum we will pay for upon
retirement.
DHT/gb
Attachment
U ~,CM memos9 Safford re Exchange of Sick Leave 40I(K) doc
THE EFFOaT ALWAYS MATTERS
The Federal Rese~e is losing punch, but it isn't powerless.
With interest rates at 40-year lows, there's little oomph left.
The federal funds rate is already only 1.25%, and further reductions
would be a double-edged sword. Lower home equity loan interest rates
would benefit some consumers, but many seniors' incomes would shrink
as CD rates declined. And banks would be faced with even lower margins
because loan rates could drop faster than rates paid for deposits.
Greenspan DOES have some other tools to stimulate the economy.
But they're risky. Buying 10-year Treasuries would lower rates
on mortgages but increase the odds that a housing bubble would pop
when rates turned up again. The Fed could also dr~e the dollar lower,
helping exports, but foreign investors might exit U.S. equity markets.
We don't think the Fed will need them, luckily. Another cut
in rates in late January is a possibility if growth continues to lag.
By mid-2003, a stronger economy will end the need for more stimuli.
Another round of changes to 401(k) laws is in the works. In 2003,
Congress will require employers to let workers sell company stock
in their 401(k)s after three years. And it will shield from lawsuits
who hire advisers workers with investments.
employers
independent
to
help
Lawmakers will also raise current limits on IRA and 401(k) contributions,
as well as the age at which retirees must take distributions...now 70½.
Meanwhile, the feds aim to make employers accountable for errors
such as late 401(k) deposits and not notifying workers of plan changes...
even if it is the company's outside plan administrators who blunder.
IRS guidance on cash-balance pension plans is finally available.
Uncle Sam's tax collectors have mapped out how underfunded plans
can make the switch without running afoul of age discrimination laws.
Looking for ways to lift worker compensation without raising pay?
The IRS says firms can let employees exchange up to five unused sick days
~for a 401(k) contribution worth 20% of the equivalent pay for the period.
Telecommuting is losing some appeal, putting the lie to forecasts
that by 2006 some 70 million U.S. workers would quit heading to offices.
One reason: Telecommuting is maxing out at industries most open to it...
publishing, telecom, finance, where nearly everyone who can already does.
And it isn't catching on as fast in those parts of the South and Midwest
where traffic congestion is neither a major problem nor a big motivator.
The tough economic climate is dampening employee ardor, too.
Workers fear that being out of sight makes them vulnerable to layoffs.
Employers trimming office and relocation costs are still enticed, though.
Beware the IRS in this season of giving...closer scrutiny coming.
For vehicle donations. If your car is a clunker, pricing guides
can't be used. Deduction value should reflect market price in your area.
Developer incentives to get big retailers to build in their malls
as a magnet for others. Incentives above building's cost is a red flag.
Tax-exempt bonds, such as those used to pay off other securities
before the call date. Proceeds must go into low- or no-yield Treasuries.
School notes must be used for projects, not invested for higher yields.
Plus ploys where employees reduce their salaries to pay medicals
but are then made whole by employers. The IRS will tax reimbursements.
For new forecasts daily and for Friday online delivery, switch to KiplinqerForecasts.com ~
Follow-up on the 2003 CONUS Per Diem Rates
The chart on the previous two pages provides
the remainder of the 2003 CONUS per diem rates,
continued from your February 7 issue. The rates
for lodging and meals and incidental expenses
(M&IE) are listed alongside the IRS's correspond-
ing high-low rates. (For information on using the
per diem rates to reimburse employees' business
travel expenses, see your October 21, 2002, issue.)
Missing sites. If a particular city is not listed in
the preceding chart or in your February 7 issue,
the standard per diem rate of $85 ($50 lodging;
$35 M&IE) applies.
Offshore rates. For per diem rates for sites
outside the contiguous states (including Alaska,
Hawaii, U.S. territories, and foreign countries), go
to www.dtic.mil/perdiem/pdrates.html.
Sick Leave Exchanged for Retirement Plan
Contributions Is Not Taxable Income
Many companies have a use-it-or-lose-it policy
for sick leave. Employees are allowed to accumulate
only so many days' worth of leave time; beyond that
limit, the benefit is forfeited. It's a reasonable policy,
considering the paperwork burden of tracking
"eternal" accruals and the potential financial outlay
if unused leave is payable upon termination or
retirement. But the policy does little to reward those
employees with exemplary attendance records.
With that in mind, a charitable organization came
up with a sick leave exchange program in which eli-
gible employees could "exchange" up to five days of
unused sick leave for a contribution to the organiza-
tion's retirement plan. (The plan is a qualified dis-
cretionary defined contribution plan.) Before imple-
menting the program, however, the employer
requested a ruling from the IRS on the tax conse-
quences of the sick leave-based contributions.
The Exchange Proposal
The charity's employees earn 12 days of sick
leave each year that they may use for illness, injury,
or doctor and dental appointments. An employee
may accumulate up to 90 days of unused sick leave;
sick leave accrued in excess of 90 days is forfeited.
The sick leave exchange program would provide
options for employees who had at least 30 and less
than 90 days of accumulated sick leave. Each year
that these employees were entitled to another 12
days of sick leave, they would be able to...
· add all of the unused days to their accrued sick
leave bank (up to a maximum of 90 days), or
· exchange up to five of the unused days for a
retirement plan contribution by the charity (at the
rate of 20 percent of the employee's gross pay).
Once an employee accrues 90 days of sick leave,
the employee's only options for additional unused
sick leave would be to either forfeit the additional
leave or exchange up to five days of the unused sick
leave for a contribution to the retirement plan.
Under all the options, the employee's current
cash compensation would be unaffected by the
choices because the sick leave exchange program
does not give employees the right to receive pay-
ment for unused sick leave.
The Consequences
An amount is includible in gross income when
actually or constructively received. Regulation Sec-
tion 1.451-2(a) provides that income is constructive-
ly received in the taxable year during which it is ...
· credited to the taxpayer's account,
· set apart for the taxpayer, or
· otherwise made available so that the taxpayer
may draw upon it at any time.
The sick leave exchange program does not give
employees the right to receive payment for unused
sick leave, and the contributions to the employee's
retirement plan are not income credited to the
employee's account. Therefore, ruled the IRS, there
is no actual or constructive receipt, so the contribu-
tions do not constitute taxable income.
What About FICA?
A cash or deferred election includes a salary
reduction agreement under which a contribution is
made to a plan only if the employee elects to reduce
--or forego an increase in--cash compensation.
Under the sick leave exchange program, employees
would not have the option to receive additional cash
or any other taxable benefit in lieu of additional
retirement plan contributions, explained the IRS. So,
the choice between their options is not a cash or
deferred election under IRC Section 401(k)(2)(A).
Instead, the amounts represent nonelective employ-
er contributions and, as such, they do not constitute
wages for FICA purposes [LTR 200247050].
[Note: While Private Letter Rulings cannot be
cited as legal precedent, they offer insight into the
IRS's interpretation of specific areas of tax law.] ·
l~ Payroll Manager's Letter
Estimate For ....
Old School Square
OM School Square Phase 2 Budget
Prepared by:
BS,4 Corporation
General Contractors, Construction Managers
9 NE 2 Street
Delray Beach, FI. 33444
Phone: 561-272-6350 Fax: 561-272-7440
Estimate No:
Estimate Date: 3/11/03
Estimator: BB
Design Status
Schematic Design
Pro_ect Description
Conceptual Estimate
Estimate Comments
Estimate Summary - Condensed
Old School Square / Old School Square Phase 2 Budget
Conceptual Estimate
Estimate No
Estimate Date 3/11/03
CSI Description
00010
00015
Garage
Retail
00020 Covered Walkways
00040 Sidewalks & Drives
00060
3/11/03
03:36 PM
Page I
BSA Corporation
Project Estimator: BB
Total $ / SF
00070
00080
00090
Site Preparation/Demolition
Landscaping and Irrigation
Site Electdc
Plaza Feature/Water Element
2,800,000
- -~,~o
--471,2~0
212,500
172,000
56,000
110,000
Total of CSI Sections: [ 5,432,700 1 $/SF
Final Adjustments
Builder's Risk Insurance
Bond
Liability Insurance
Construction Contingency 4%
Grand Total:
Square Feet:
$/SF
Total
19,014
35,151
48,894
217,308
5,753,067
5,753,067
Section Details - Continuous
Old School Square / Old School Square Phase 2 Budget
03:37 PM Page 1
BSA Corporation
Conceptual Estimate Project Estimator BB
Estimate No
Estimate Date 3/11/03
Line Quantity
No: Description Zone ToffA UnitI Labor Equip l Material] SubI TotalI
00010 Garage
1
3/11/03
10 400 car 400.00 cars 0 O0 0 00 0 00 7,000 O0 7,000 O0
1 0 0 0 2,800,000 2,800,000
1 - Total 0 0 0 2,800,000 2,800,000
00010 Garage - Total 0 0 0 2,800,000 2,800,000
00015 Retail
1
10 7200 sf built out 7,200 00 sf 0 00 0 00 0 00 100 00 lOO 00
I 0 0 0 720,000 720,000
1 - Total o 0 0 720,000 720,000
00015 Retail - Total 0 0 0 720,000 720,000
00020 Covered Walkways
1
10 13,500.00 sf 0 00 0 00 0 t}0 O0 00 OO 00
1 0 0 0 810,000 810,000
20 Add for gc oh & p 13,500.00 sf 0 00 0 00 0 oo o ~×/ 6 t)o
I 0 0 0 81,000 81,000
1 - Total
00020 Covered Walkways - Total
00040 Sidewalks & Drives
1
0 0 0 891,000 891,000
0 0 0 891,000 891,000
10 Sidewalks on site 16,300 00 sf 0 00 0 00 0 00 5 00 5 00
I 0 0 0 81,500 81,500
2O Sidewalks on street 9,000.00 sf 0 00 0 00 0 00 12 00 12
1 0 0 0 108,000 108,000
30 Sidewalks at new drop off at 8,200 00 sf 0 00 0 oo 0 oo 12 00 12 {I0
museum I 0 0 0 98,400 98,400
40 Drop offs, pavers at pg way 2,200.00 sf 0 00 0 00 0 00 12 00 12 oo
I 0 0 0 26,400 26,400
50 Drop off at museum asphalt 7,500 00 sf 0 oo 0 00 0 o(J 3 oo 3 oo
I 0 0 0 22,500 22,500
60 Museum service yard 4,100.00 sf 0 00 0 00 0 ol) 4 00 4
I 0 0 0 16,400 16,400
70 Drainage 1,00 Is o o0
1 0 0 0 45,000 45,000
80 Water mains/fh, etc 1 00 Is 0 00 0 oo
1 0 0 0 30,000 30,000
9O Add for gc oh & p I 00 ls o 00 0 oo 0 oo 43,000 00 43,000 00
I 0 0 0 43,000 43,000
1 - Total 0 .... 0 ' 0 471,200 471,200
00040 Sidewalks & Drives - Total o 0 0 471,200 471,200
Section: 00040 Sidewalks & Drives
Section Details - Continuous
Old School Square / Old School Square Phase 2 Budget
Conceptual Estimate
Estimate No
Estimate Date 3/11/03
Line Quantity
No: Description Zone Toff A Unit
00060 Site Preparation/Demolition
1
3/11/03
03:37 PM Page 2
BSA Corporation
Project Estimator BB
10 4.5 acres 1 O0 ls o O0 000 0 oo IOO,OOO oo I I)o.ooo oo
I 0 0 0 100,000 100,000
20 Building Demohtion 45,000 00 sf 0 00 0 00 0 oo 2 ~0 2 ~0
I 0 0 0 112,500 112,500
1 - Total o 0 0 212,500 212,500
00060 Site Preparation/Demolition - Total 0 0 0 212,500 212,500
00070 Landscaping and Irrigation
1
10 Trees 150 00 ea 0 00 0 00 0 00 500 00 5(10 Ilo
1 0 0 0 75,000 75,000
~) .... Shrubs 1 00 Is 0 00 0 oo 0 00 25,000 00 25 0~)0 oo
1 0 0 0 25,000 25,000
~6 Sod 105,000.00 sf t) O0 0 o0 0 00 30 30
1 0 0 0 31,500 31,500
40 Irrigation 1.00 ls 0 00 0 00 0 I)0 25.000 00 25,000 00
1 0 0 0 25,000 25,000
50 Add for gc oh & p 100 ls 000 00O 000 15.50000 15 5~()()v
1 0 0 0 15,500 15,500
1 - Total
00070 Landscaping and Irrigation - Total
00080 Site Electric
1
0 0 0 172,000 172,000
0 0 0 172,000 172,000
10 Large lights 6 00 ea 0 00 0 00 0 00 3,500 00 3.500 00
1 0 0 0 21,000 21,000
20 Landscape lights 60 00 ea 0 00 0 00 0 00 500 00 5~0 oo
I 0 0 0 30,000 30,000
30 Add for gc oh & p 1 00 Is 0 00 0 00 0 00 5,000 00
I 0 0 0 5,000 5,000
1 - Total o 0 0 56,000 56,000
00080 Site Electric - Total 0 0 0 56,000 56,000
00090 Plaza Feature/Water Element
1
10 I 00 ls o 00 0 0o o oo IO0 ooo 0o IOO 00o o0
I 0 0 0 100,000 100,000
20 Add for gc oh & p 1 00 ls o 00 o oo o ol) I o.ooo 00 10.ooo 00
I 0 0 0 10,000 10,000
1 - Total o o o ~ ~o,ooo 1~o,ooo
00090 Plaza Feature/Water Element - Total o o o liO,OOO 11o,ooo
^~^so~ Section: 00090 Plaza Feature/Water Element