Our agreements state that the commissioning entity takes physical possession of any models or documents created as part of the proposal, but the artist still owns copyright to the proposal materials (but gives the commissioning entity a license so they can take photos, exhibit the model, etc.).  Our proposal agreements also say that if the commissioning entity does not elect to go forward with the proposal, the artist is free to take the idea elsewhere and the commissioning entity cannot commission someone else to create that artwork.  So the artist “owns” the idea at all times. In practice, if the proposal is not selected the artist usually gets the model back, although if it’s 100% public money sometimes the city needs to hold on to all proposal models for archival purposes.

As for the honorarium to create a proposal, it varies according to how much up-front work we want the artist to put into the proposal and what the proposal product is to be, and the size of the project budget.  Generally $1000 to $5000 is our range. 

Julia Muney Moore
Director of Public Art

Arts Council of Indianapolis
924 N. Pennsylvania St.
Indianapolis, IN  46204
o (317) 631-3301 x240
m (317) 332-8382
jmoore@indyarts.org





On Mar 13, 2018, at 2:18 PM, Pax <Pax@augustaarts.com> wrote:

Thank you. I was reviewing the legal document at https://www.americansforthearts.org/by-program/reports-and-data/legislation-policy/naappd/letter-of-agreement-for-concept-consultancy-template that was mentioned below, which is posted on the AFTA site, and states that the work done during the competitive conceptualization stage of the RFP (out of those selected from the RFQ) would remain the property of the commissioning entity. I see that you do not follow that model, in San Francisco. The concept of hiring “someone else” is stated in the above document. It seems an unethical practice, thus my question about teaming up.  Please watch your tone in these emails.
 
I am still trying to clarify the legal precedent for this, as our city is finalizing its own legal procedures.  I admire the decades of experience that San Francisco has in this, and would love some helpful guidance as we begin our own program.
 
Pax Bobrow
Project Manager
Greater Augusta Arts Council
706.826.4702
 
From: public_art_network@americansforthearts.simplelists.com [mailto:public_art_network@americansforthearts.simplelists.com] On Behalf Of Larry Millard
Sent: Tuesday, March 13, 2018 1:58 PM
To: public_art_network@americansforthearts.simplelists.com
Subject: Re: Honorarium Artist Agreement
 
Dear all,
 
Although somewhat basic and it does not address the template notion, this may be a good read for some: https://atp.orangenius.com/public-art-commissions/
 
Sincerely,

Larry

Larry W. Millard
706-254-2591
www.larrymillard.com


On Mar 13, 2018, at 1:35 PM, Pontious, Susan (ART) <susan.pontious@sfgov.org> wrote:
 
Dear Pax,
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. 
 
Hope this is helpful.
 
Susan Pontious
Program Director
Civic Art Collection and Public Art Program
San Francisco Arts Commission
401 Van Ness, Suite 325
San Francisco, CA 94102
Phone:  415-252-2241
 
PLEASE NOTE:  We moved our offices Oct. 9, 2015 to
401 Van Ness, Suite 325
San Francisco, CA 94102
 
NEW PHONE Number:  As of Oct. 9th, my new phone number is:
(415) 252-2241
NOTICE: Please 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 Ordinance and can be requested by the public. If this happens, all sensitive personal information, such as social security numbers and phone numbers will be redacted.
 
From: public_art_network@americansforthearts.simplelists.com [mailto:public_art_network@americansforthearts.simplelists.com] On Behalf Of Pax
Sent: Tuesday, March 13, 2018 9:16 AM
To: public_art_network@americansforthearts.simplelists.com
Subject: RE: Honorarium Artist Agreement 
 
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.
 
Pax Bobrow
Project Manager
Greater Augusta Arts Council
706.826.4702
 
From: public_art_network@americansforthearts.simplelists.com [mailto:public_art_network@americansforthearts.simplelists.com] On Behalf Of Renee Piechocki
Sent: Monday, March 12, 2018 1:43 PM
To: public_art_network@americansforthearts.simplelists.com
Subject: Re: Honorarium Artist Agreement 
 
Hello Olivia,
 
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.
 
 
 
Renee
 
 
On Mon, Mar 12, 2018, at 1:34 PM, Olivia Lemen wrote:
Hello All,
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,
 
Olivia Lemen 
Management Analyst
Town of Windsor
9291 Old Redwood Hwy Bldg 300 D
Windsor, CA 95492
707-838-5383 (Direct)
707-838-1264 (Fax)
Regular office hours: Mon – Thur 7:00 am – 6:00 pm (closed on Fridays)
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