In this subtitle, the following terms have the meanings indicated. “Artwork allocation” means the amount required by <cite data-path="|5|§21-16">§ 21-16 of this subtitle</cite> to be allocated to artwork. “Artwork” means works of art that are:produced by professional visual artists; and affixed to, made a functional part of, or sited in, on, or near a public work. “Bid” means a response to:an invitation to bid; or a request for proposals. “Commission” means the Public Art Commission . “Construction costs” means, except as otherwise provided in this subsection, the total appropriation for a construction project. “Construction costs” includes:demolition costs; and equipment costs. “Construction costs” does not include:real property acquisition costs; soil remediation costs; or architectural or engineering fees. “Construction project” or “project” means, except as otherwise provided in this subsection, any capital improvement project that:involves the construction, reconstruction, or renovation of all or part of any publicly-owned property in the City, including any building, parking facility, park, utility, bridge, street, highway, footway, bikeway, or other structure or public work; exceeds $100,000 in construction costs; is required by law to be publicly bid; and is to be paid for wholly or in part by the City. “Eligible funds” means any funds that are available for construction costs and are not precluded by restrictions on the source of funding for the project, including limitations on the use of City bond funds, state or federal grants or loans, or donations, from being used for artwork. “Maintenance of artwork” means the maintenance, preservation, and conservation of, including curatorial services for, artwork owned by the City, whether created under this subtitle or otherwise obtained. Ord. 07-489 Ord. 22-125

There is a Public Art Commission . Ord. 07-489

The Commission consists of 9 members, as follows:8 appointed by the Mayor and approved by the City Council under <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the City Charter</cite>; and 1 appointed by the President of the City Council. Of the members appointed by the Mayor:1 must be a professional visual artist; 1 must be a curator or art historian from an established Baltimore arts or educational institution; 1 must be a licensed architect; 1 must be a licensed engineer; and 4 must be persons chosen from related disciplines, such as landscape architects, design professionals, urban planners, conservators, art educators, art administrators, and citizens interested in civic improvement. All members must reside or work in the City. Ord. 07-489

The members of the Commission:serve without compensation; but are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates. The Commission and its programs shall be staffed by the Baltimore Office of Promotion & The Arts. Ord. 07-489 Ord. 16-503

The Commission shall: administer the public artwork program established by this subtitle; generally promote and encourage public art in the City of Baltimore; and work cooperatively with state and federal offices to encourage public art. Ord. 07-489

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Commission shall adopt rules and regulations to carry out this subtitle. The Commission’s rules and regulations shall include procedures and guidelines for:determining whether and to what extent artwork is appropriate for a particular construction project;. selecting artists and artwork for a particular project; submitting artwork proposals to the Commission for approval; and allocating eligible funds for:the creation of new artwork; the maintenance of existing artwork; and the performance of the Commission’s other functions and duties under this subtitle. Ord. 07-489 Text Conformed 02/14/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

Each of the following agencies shall designate an agency liaison to the Commission:Baltimore Development Corporation. Parking Authority. Planning Department. Public Works Department. Recreation and Parks Department. Transportation Department. General Services Department. Each agency liaison shall meet periodically with the Commission staff to review the agency’s ongoing and proposed construction projects. Ord. 07-489 Ord. 15-435

Except as provided in subsection (b) of this section, at least 1% of all eligible funds for a construction project shall be allocated for:artwork for that project; or other public art uses as authorized by this subtitle. For water or wastewater utility projects, the Commission shall determine, on a case-by-case basis after consultation with the Department of Public works, whether and to what extent eligible funds for that project may be allocated for artwork or other public art uses. If the Commission and the Department of Public Works disagree as to whether or to what extent eligible funds may be allocated, the Director of Public Works makes the final decision. Ord. 07-489

In applying for grants or other funding for a construction project, a City agency shall request that: to the fullest extent practicable, the grant or other funding be in the form of “eligible funds; and the grant or other funding include an additional 1% of those eligible funds for artwork. Ord. 07-489

Each City agency shall consult with the Commission on the application of this subtitle to any construction project being proposed by that agency. This consultation shall occur:as early as possible in the design stage; and in any event, before the project is advertised for bid. Based on the consultation, the Commission shall determine within 90 days:the aggregate amount of the artwork allocation required by <cite data-path="|5|§21-16">§ 21-16 of this subtitle</cite>; and at least preliminarily, the extent to which all or part of that aggregate amount can and should be used for:artwork for that project; or other public art uses as authorized by this subtitle. Ord. 07-489

The contract specifications in the invitation to bid or request for proposals shall incorporate: the requirements of this subtitle; and the Commission’s determinations under § 21-18(b)(1) and (2) of this subtitle. Ord. 07-489

On the award of a contract for the project, the contracting agency shall notify the Department of Finance that the aggregate amount of the artwork allocation, as determined under <cite data-path="|5|§21-18|(b)">§ 21-18(b) of this subtitle</cite>, shall be transferred as it become available to a capital account to be used for purposes of this subtitle. Ord. 07-489

This Part IV applies to the extent that some or all of an artwork allocation is used for artwork for the project that generated the allocation. Ord. 07-489

As soon as practicable, the Commission shall consult with the contracting agency about artist and site selection. The Commission then shall:identify, approve, and engage an appropriate artist or artists through an RFQ or RFP process; and determine an appropriate site for the artwork. The artist shall prepare a proposal and submit it to the Commission for its review and approval. Ord. 07-489

The Commission shall review the proposal in an open session at which the public is invited to attend and comment. The Commission may:preliminarily approve the proposal, subject to modifications; finally approve the proposal as submitted or as later modified; disapprove the proposal, with or without prejudice to submit a new proposal; or take any other action it considers necessary or appropriate under the circumstances. Ord. 07-489

On approval of an artwork proposal, the Commission shall authorize payments to the artist for the cost for the artwork, and to provide other necessary services, as approved and contracted for by the Commission. The balance, if any, of the artwork allocation from that project shall be retained for other public art uses as authorized by this subtitle. If the Commission disapproves a proposal and determines not to consider any new one for the project, the full remaining amount of the artwork allocation from that project shall be retained for other public art uses as authorized by this subtitle. Ord. 07-489

The Commission is responsible for determining the use of all eligible funds. Ord. 07-489

In making its determinations, the Commission shall be guided by the following priorities: first, to provide artwork for the project that generates an artwork allocation; second, to provide support for:new artwork for other public works; and the maintenance of existing artwork; and third, to provide support for the Commission’s other functions and duties under this subtitle. Ord. 07-489

The uses to which eligible funds may be used include, but are not restricted to: the selection, acquisition, commissioning, fabrication, placement, installation, display, and maintenance of artwork; the development of design concepts and models; artist design services; administrative services for staffing the Commission and its programs; other professional services; publications and other educational activities; dedications, plaques, and labels; and support for the Commission’s other functions and duties under this subtitle. Ord. 07-489