§ 1-88. Public art and design.
(a)
Public art and design program.
(1)
Appropriations for county capital improvement projects, including eligible bond projects, eligible grant-funded projects, other eligible capital projects funded from other sources, and unincorporated road projects, shall include an amount equal to two (2) percent of the total eligible construction costs to be used for artist design services and for the selection, acquisition and display of artworks, for related education programs, for the maintenance of county artworks, and for the administration of the public art and design program. Appropriations for highway and arterial road project, less projects in the unincorporated areas, shall include an amount equal to one (1) percent of the total eligible construction costs. Bond funds shall be appropriated and accounted for in the bond capital project accounts. Artist involvement is optional for county capital projects of less than two hundred thousand dollars ($200,000.00); however, the projects are subject to the public art calculation and funds will be pooled for other art projects. All county agencies may opt to participate in the public art and design program for any county capital project not required by this ordinance.
(2)
Funds appropriated for one (1) capital improvement project, but not deemed necessary or appropriate by the council in whole or in part for that project, may be expended on other public art projects approved under the annual public art and design plan, subject to any bond, legal, or grant restrictions. The monies appropriated under this ordinance may be used for artist design services, for the development of design concepts and models, for the selection, acquisition, purchase, commissioning, placement, installation, exhibition, and display of artworks. Artworks may be functionally integrated into the architecture or into the county's capital construction project. Integration of the artists' design concepts into the project architecture should be ensured, insofar as is feasible, by the concurrent selection of the artist(s) with the architect or project designer.
(3)
In the case of any county capital project which involves the use of grant or county bond proceeds issued after the effective date of this ordinance, amounts for artist design services and artworks described in this ordinance shall be used for projects and capital purposes consistent with state and federal laws, the resolutions and/or ordinances approved by the voters or board of county commissioners, as applicable. All capital improvement project bond ordinances, resolutions, or grant applications approved after the effective date of this ordinance shall make specific reference to the provisions of this ordinance.
(4)
Unless restricted by the board of county commissioners, any applicable bond resolution or ordinance, local, state or federal law, or the conditions to a granting authority, monies generated under this ordinance may be pooled by the council and expended for any public art and design project in the county, subject to the approved annual public art and design plan. There shall be no general requirement that monies be expended on the specific projects that generated the monies unless as stated herein. Pooled funds may be used as seed money for artists' fees to initiate partnerships with private and other public entities to provide public art and aesthetic enhancements in Broward County pursuant to a written agreement.
(5)
All county agencies shall, from the effective date of this ordinance, include in all applications for funding for capital improvement projects to outside granting organizations or governmental agencies, an amount equal to two (2) percent of eligible construction costs for artist design services and artworks as specified herein.
(6)
The minimum amount to be appropriated for artist design services and artworks shall be the total eligible construction costs multiplied by 0.02. This calculation shall be made by the county agency prior to the time of the appropriation for the county's capital program.
(7)
An amount equal to fifteen (15) percent of the eligible public art allocation of the construction project (which is .003 of the total eligible construction costs) may be used for project support and community participation activities for public owned property. This may include artist selection-related costs, consultants, design/proposal/maquette costs, identifying plaques, project documentation, publicity, community education activities, and other purposes as may be deemed appropriate for the administration of the program.
(8)
An amount equal to fifteen (15) percent of the eligible public art allocation of the construction project (which is .003 of the total eligible construction costs) shall be set aside in a separate account within the trust fund for curatorial services and the preservation and maintenance of county artworks. The division shall require that any artworks needing extraordinary operations or maintenance costs be reviewed by the appropriate county agency director prior to recommendation to the board of county commissioners. The division shall also be responsible for conducting an insurance and maintenance survey, updated at least every five (5) years, of the condition of county artworks. This survey shall include a condition report on each work, prioritized recommendations for the restoration or repair and maintenance of the artworks, and estimated costs. Such repair and maintenance shall comply with any contractual obligations which may have been entered into by the county in the acquisition of the artworks. Expenditures of monies in the arts maintenance and program support accounts shall be annually recommended by the division and included in the annual budget submitted to the board of county commissioners. Funds in the maintenance and conservation account not expended by the end of the close of any fiscal year shall be carried forward.
(9)
The Board shall approve the artist design proposal(s) when the art budget for the artwork portion of the capital improvement project total is $100,000 or more.
(10)
The Council may recommend the temporary display of artwork by Broward-based Artists.
(11)
The Council may recommend freestanding artwork as the Council determines appropriate. All freestanding artwork shall be presented to the Board for consideration and approval.
(12)
The Council shall seek to maximize the utilization of Local Artists.
(13)
The Council shall provide for apprenticeships for Broward-based Artists in accordance with the "Duane Hanson Allied Artist Award" section of the Administrative Code.
(b)
Definitions. For the purpose of this section, the words listed below shall have the following meanings:
(1)
Artwork means works in a variety of media produced by professional visual artists. The public art and design program should encompass the broadest possible range of expression, media, and materials. Works shall be functionally integrated or may be freestanding or temporary for the display of artwork by Broward-based Artists. Functionally-integrated public art projects shall: (i) develop and create an awareness of the unique aspects of a place's built and natural environments and fulfill the civic responsibility of the County to provide art and design for livability, accessibility, beauty, and comfort; or (ii) stimulate cultural tourism, community pride, and shared positive identity with such structures as gateways, landmarks, cultural heritage landmarks, memorials, and way-finding devices; or (iii) be fully integrated to the site as a component of capital improvement projects, including all County facilities (i.e., not portable), and address a broad range of functional objectives supporting the missions of Broward County's agencies; or (iv) be artist-designed elements that enhance standard necessities in County capital improvement projects such as, but not limited to, walkways, bridges, windows, floors, ceilings, plazas, seating, signage, gates, canopies, and lighting.
(2)
Board means the Broward County Board of County Commissioners.
(3)
Broward-based Artist means an artist who is at least eighteen (18) years old and who resides in Broward County and has resided in Broward County for a minimum of two (2) years prior to the application deadline for an art project.
(4)
Council means the Broward Cultural Council.
(5)
County capital project means any capital improvement project, paid for wholly or in part by funds appropriated by Broward County, to construct or renovate any park, highway or arterial, road beautification, greenway, bridge or causeway, beach restoration, sidewalk, bikeway, above grade utility, and to construct or renovate any building, excluding detention facility projects.
(6)
Division means the Cultural Division of Broward County, Florida.
(7)
Eligible construction costs means the total capital project appropriation, including, but not limited to, engineering and design, but excluding demolition costs, equipment costs, real property acquisition costs, and soil remediation costs; however, real property acquisition costs for greenways shall be included in eligible construction costs. When property is acquired for both greenway and non-greenway purposes, only the portion of the real property acquisition cost not attributable to the greenway is to be excluded from eligible construction costs.
(8)
Equipment costs means, for the purposes of the public art and design calculation, those costs for the acquisition of mechanical equipment of standard manufacture. Custom designed equipment or equipment that creates a new use for a building or facility will also be subject to the public art and design calculation.
(9)
Greenway means land linear in shape established along a natural or landscaped corridor utilized as a pedestrian, bicycle, equestrian, nature, or waterway trail.
(10)
Local Artist means an artist who resides in Broward, Martin, Miami-Dade, Monroe, or Palm Beach Counties, and who is at least eighteen (18) years old.
(11)
Renovation shall mean, and include, a major redesign of a facility or system or a portion of a facility or system which is included in the county's capital program budget and which requires a building permit from the appropriate governmental jurisdiction. Renovation shall also include expansion or upgrading the capacity of the facility or system, enlarging the facility, or creating a new use for the facility. It shall not include repairs, maintenance, installation of mechanical equipment, or modifications required solely for Americans with Disabilities Act ("ADA") compliance.
(12)
Trust Fund shall mean, and include, all gifts and donations in the public art and design trust fund created by subsection (c) below.
(c)
Art and design trust fund.
(1)
Created. There is hereby created the public art and design trust fund consisting of all funds appropriated and deposited to the trust fund in connection with the construction or renovation of a facility or system pursuant to subsection (a). The trust fund is also authorized to accept gifts, grants and donations made to Broward County for works of art.
(2)
Term of existence. The Broward County public art and design trust fund account shall be self-perpetuating from year to year unless specifically terminated by the board of county commissioners.
(3)
Trust assets. All appropriations, gifts, grants and awards of money or property received hereunder from either public or private donors shall be placed in trust for and inure to the use and benefit of Broward County for public art and design purposes; and said property and funds shall be expended, utilized and disbursed pursuant to the provisions of this section.
(4)
Appropriations and donations.
a.
Eligible monies appropriated pursuant to this ordinance shall be transferred by the county administrator or his or her designee to a trust fund into which monies generated under section (a)(1) hereof shall be deposited. This transfer shall take place within thirty (30) days of the original project appropriation by the board of county commissioners. All appropriations, gifts, grants and awards of monies hereunder shall be deposited in an interest-bearing account entitled the Broward County public art and design trust fund account, which shall be a separate account established and maintained apart from the general revenue funds and accounts of Broward County. All interest earned in said account shall accrue to the use and benefit of the trust fund account.
b.
Monies obtained hereunder may be accepted on behalf of Broward County by the Broward Cultural Council and upon receipt of said monies shall cause same to be credited to the Broward County public art and design trust fund account.
c.
Funds deposited or credited to the Broward County public art and design trust fund account except funds for maintenance and conservation of county artworks and not expended or obligated by the close of any fiscal year shall be carried over automatically for a period of three (3) years beyond the close of the county construction project, or upon request of the council, carried over for an additional two (2) years. Any funds carried over for three (3) years, or upon request for five (5) years, and still unexpended at the expiration of such period, shall be transferred to the general fund for general art purposes only; provided that funds derived from other restricted sources shall revert to the funds from which originally appropriated at the expiration of said three- or five-year period, or if project is canceled, as applicable.
d.
Any gifts, grants and awards received subject to a condition shall be expended strictly in accordance with such condition.
(d)
Appropriation option. The Board may, in its sole discretion, reduce, eliminate, or waive any or all of the public art appropriations or any other funding requirements under this section on a project-by-project basis.
(Ord. No. 81-67, §§ 1, 2, 6-18-81; Ord. No. 85-58, § 1, 9-24-85; Ord. No. 87-1, § 1, 1-13-87; Ord. No. 87-78, § 1, 10-20-87; Ord. No. 89-27, §§ 1, 2, 7-11-89; Ord. No. 90-4, §§ 1—3, 5-8-90; Ord. No. 95-20, § 1, 4-11-95; Ord. No. 2002-42, § 1, 10-8-02; Ord. No. 2003-18, §§ 1, 3, 6-10-03; Ord. No. 2011-02, § 1, 1-25-11; 2011-27, § 1, 11-8-11)