In addition to those conferred elsewhere in this Code or by other ordinance, the Department shall have the following powers and duties:
(a) to implement the Public Art Program policy, and to establish procedures for determining eligible projects;
(b) to review proposed construction projects on a quarterly basis and determine eligible projects;
(c) to determine how the Public Art Program funds will be spent for each project and to publicly post online a report on those expenditures for each calendar year no later than May 1 of the following year. The report shall disclose the following: (i) the amount of the Public Art Program fund appropriated pursuant to Section 2-28-120 and the sources of such funding; (ii) the amount of such funding allocated to each specific project and the unspent balance; (iii) a description and the amount of each expenditure of such funding (not including maintenance and general administrative costs as set forth in Section 2-28-150) for each specific project and location of each artwork purchased or commissioned with such funding; (iv) and the name and city of residence of each such artist;
(d) to determine the appropriate placement of artwork commissioned or purchased under the Public Art Program as well as artwork received as a gift to the City;
(e) to establish selection guidelines for Public Art Program projects, including determining whether any selection will be made by open competition, limited entry (invitational) or direct selection;
(f) to maintain artwork in the Public Art Program collection in cooperation with the Department of Fleet and Facility Management;
(g) to make the final selection of the artists and artwork to be commissioned or purchased by the Department for each Public Art Program project. Before making the final selection under this subsection (g), the Department shall consult with persons knowledgeable in the arts, such as artists, museum curators or directors, art patrons, and academicians. Provided, however, that no agent or gallery owner shall be consulted in connection with any project if that agent or owner represents, or sells or displays the work of, an artist under consideration in connection with that project. Nothing in this subsection (g) shall be construed to confer on any person a right to be consulted in connection with any particular project;
(h) to review current and future Public Art Program projects to ensure that artists from or based in the City receive at least 50 percent of the number of projects representing these commissions or purchases;
(i) to solicit, receive, and review comments and recommendations regarding the selection of restoration and conservation projects and to make the final selection of the restoration and conservation projects that will receive Public Art Program funding;
(j) to solicit, receive, and review comments and recommendations concerning proposed or contemplated artwork from aldermen, community organizations and residents in whose wards and communities artwork will or may be placed as part of the Public Art Program; and
(k) to enter into grant agreements, cooperation agreements and other agreements or contracts with other governmental entities, private businesses, civic and community groups, and individuals to: (i) purchase, evaluate, design, commission, fabricate, install, maintain, or administer artwork for the Public Art Program; or (ii) fund the purchase, evaluation, design, commission, fabrication, installation, maintenance, or administration of artwork for the Public Art Program; or (iii) conduct feasibility planning, engineering site studies, and assessment of any proposed or contemplated Public Art Program project. Such agreements shall be on such terms as the Commissioner deems appropriate and are required to contain only those provisions deriving from state law that preempt the City's home rule authority. Such agreements shall be subject to the approval of the Corporation Counsel as to form and legality.
(Added Coun. J. 1-15-20, p. 13038, § 2; Amend Coun. J. 11-15-23, p. 6542, Art. I, § 4)