In answer to your questions below:
In San Francisco, we request the proposal both as an electronic file and printed on display board. We retain the right to display, publicize, etc. the proposal.
We do not, as part of the proposal fee, own original artwork. Sometimes artists do produce original artwork as part of their proposal, in which case we may request the first right of refusal to purchase the proposal at market value (separate from the proposal
fee.) However, if, in your RFQ/RFP you make it clear that the proposal fee includes purchase of the some physical manifestation of the proposal, then I think that would be acceptable, but there are reasons why you might not want to do that. For one thing,
you should expect to pay more, and the product (which you wouldn’t know in advance), may not be anything for which you have any use, and you really might end up over paying for what you get.
We are a program that prides itself in selecting artists with great work but no public art experience. Our staff assists artists in finding the technical support
they need to be successful, i.e. other design professionals, fabricators, etc. I am not sure what you mean exactly about hiring “someone else” to develop the art idea further. We certainly would not entertain hiring another artist to further develop the
selected artists concept, but routinely pair artists with architects, landscape architects, etc. who can assist the artist in turning their ideas into buildable projects.
Some programs have experimented with teaming inexperience artists with experienced artists as part of a mentor arrangement. I don’t really know how successful
this has been but the parameters of the program are part of the RFQ so that both the mentors and the less experienced artists know what the arrangement is prior to applying.
Civic Art Collection and Public Art Program
San Francisco Arts Commission
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be mindful that all correspondence and documents submitted to the San Francisco Arts Commission are public records and as such, are subject to the Sunshine
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We are also working through the legal fine points of the RFQ into RFP process. Our City Procurement Department would like to understand the ownership of the proposals.
I have read the sample agreement posted on the AFTA website. That is for a charrette. It isn’t significantly different, but if a physical maquette is created for the RFP by an artist, do we also own that. Also, is it unethical to take the concept from an
artist and then hire someone else to develop it further and execute the creation? Can we force a less experienced artist with great ideas to team up with a more experienced entity for the actual creation of the piece instead?
Thank you for your help with this.
Greater Augusta Arts Council
Sarah Odenkirk's great book A Surprisingly Interesting Book About Contracts includes a sample agreement for a conceptual proposal.
There is a link to a similar document on the PAN site, also written by Sarah along with artist Larry Kirkland.
On Mon, Mar 12, 2018, at 1:34 PM, Olivia Lemen wrote:
I am looking for sample templates for an agreement between agency and artist finalist for a competitive RFQ process .We are paying a honorarium to 5 finalist
to develop a concept for our specific project. I am wondering if any agencies would be willing to share what they use to pay an honorarium to finalists. Thank you in advance,
9291 Old Redwood Hwy Bldg 300 D
Regular office hours: Mon – Thur 7:00 am – 6:00 pm (closed on Fridays)
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