Percent for Art Program Guidelines
The information contained in these Guidelines is for the use of the Ohio
Arts Council in administering its business, and for persons who wish to
understand the Council's services and programs. The information in the
Percent for Art Guidelines is not a set of rules that is intended to be,
or can be, legally binding upon the Council, nor does it create any rights
for people or organizations dealing with the Council. The Percent for
Art Guidelines contain general statements that the Council intends to
follow so far as it is practical to do so; the Ohio Arts Council makes
all determinations as to what information should be in the Percent for
Art Guidelines and how they are to be administered and used. The Council
may expand, abolish or suspend any part of the Guidelines where it finds
that will advance the business of the Council.
What the Program Supports
Ohio's Percent for Art Legislation became effective July 1, 1990. The
law provides funds for the acquisition, commissioning and installation
of works of art (see Definitions) for new or
renovated public buildings with appropriations of more than $4 million of state money per House Bill.
(In these Guidelines, public buildings are referred to as "buildings" see Definitions). For these projects the law
provides that one percent of the total appropriation will be allocated
for the acquisition, commissioning and installation of artwork. The complete
text of the Percent for Art Legislation may be read here.
The director of the state Office of Budget and Management, in consultation
with the Ohio Arts Council, will make project eligibility determinations
when a capital improvements bill is signed. A procedure for reconsideration of project eligibility is available for Contracting Agencies and is fully explained in Appendix B of the Percent for Art Legislation .
Based on exemptions in the law, some projects may be ineligible for the
Percent for Art Program (see Appendix A, Division (D) of Section 3379.10 of Am. Sub. S.B. 336.)
Reasons for exemption include:
- works of art would be out of place in or on the building
- there will be little opportunity
for public appreciation of works of art in or on the building
- some features or
characteristics inherent in the architectural design of the building
should apply toward the one-percent requirement
- the public building is or will
be amply supplied with works of art even without work purchased through
the Percent for Art Program.
Funds spent on construction or renovation of the following are exempt
from the program (see Appendix A, Division (B)(3)(a)-(d) of Section Am. Sub. S.B. 336.):
- parking lots, sidewalks,
maintenance sheds, bridges, tunnels, sewers, trails, fish ponds and
fishways, warehouses, unless such structures are adjuncts of the principal element of the project;
- buildings of a temporary
- highway construction;
- "renovation" does not include a project of which the principal purpose is the rehabilitation of plumbing,
heating, ventilating, air conditioning or electrical systems;
- projects to correct deficiencies
or violations of a building or housing code enacted by law.
How The Program Operates
The Ohio Arts Council's Role
The Ohio Arts Council administers the Ohio Percent for Art Program acting as the liaison between artists and contracting
agencies for each site. The Ohio Arts Council
is responsible for providing contracts for all commissions or acquisitions including issuing
payments to artists. The Ohio Arts Council Board is responsible for making all final decisions
regarding the selection of artists and artwork.
The Percent for Art program staff are employees of the Ohio Arts Council and their responsibilities include:
- coordinating the program,
promoting it to the field, providing leadership and assistance to artists
and contracting agencies;
- maintaining the Ohio Online Visual Artist Registry and mailing lists, and initiating the artist
- drafting, approving and holding contracts
for all Percent for Art projects, maintaining project budgets, recording
administrative costs, and documenting and maintaining files for each
- serving on the Percent for
Art Advisory Selection Committee as non-voting members;
- contacting artists regarding
their selection as semi-finalist or finalist status.
The Contracting Agency's Role
The contracting agency is the government entity
which received the Percent for Art appropriation and that will receive the artwork (see Appendix
A, Section 3379.10 of Am. Sub. S.B. 336.) The contracting agency coordinates
all elements of their project including planning, formation of the Percent
for Art Advisory Selection Committee and implementation of commissions.
It is the contracting agency's responsibility to:
- Prepare in writing details
of the proposed project including budget, site, timeline and architect.
If those details are not known at time of notification by the Ohio Arts
Council, the contracting agency should inform the Ohio Arts Council
of the date when those details will become available.
- Keep the Advisory Selection
Committee apprised of the progress of each project.
- Appoint a Percent for Art
Advisory Selection Committee including an individual who will record meeting minutes.
- Appoint an individual to facilitate contract processing and fiscal procedures.
- Coordinate any public relations,
marketing and dedication of the art work.
- Assume any dedication, marketing
and public relations expenses.
- Develop a plan and a budget
for maintenance of the completed piece in consultation with the Ohio
Arts Council and the artist.
- Implement maintenance plan.
The Ohio Percent for Art Program is open to artist's nationwide, but it is the determination of the Percent for Art Advsiory Selection Committee,
in consultation with the Ohio Arts Council, whether a project will be open to artists nationwide or Ohio only. Artists
currently enrolled in degree granting programs are not eligible to apply
to the program. Employees of a Contracting Agency involved in the Percent
for Art Program are ineligible to apply for that agency's Percent for
Though "Buy Ohio" provisions do not directly apply to the Percent for Art program, the Ohio Arts Council maintains lists of artists in Ohio and border states and makes every effort to keep these artists informed about commission opportunities. Additionally the Ohio Arts Council maintains a strong, active program meant to establish and promote communication and education about the Percent for Art Program in communities of tradition, social, economic and ethnic diversity.
Percent for Art Advisory Selection
The Percent for Art Advisory Selection Committee consists of the committee established by the Contracting Agency and up to two Core Group members. Core Group
members consist of individuals appointed by the Ohio Arts Council Board to serve as members of a site's Advisory Selection Committee. Core Group individuals are chosen by the Ohio Arts Council Board from the following
categories: museum or gallery directors or curators, art historians, art
critics, art collectors, artists, art educators, community arts directors,
public art consultants or administrators, architects, landscape architects
A Contracting Agency may select up to two Core Group individuals to serve
on the Percent for Art Advisory Selection Committee for their project.
Core Group members lend expertise in the art selection process including appropriate site location for artwork and artist selection. For each project, the Core Group will be joined by the committee established
by the Contracting Agency consisting of:
- the project architect (see
- when the Contracting Agency
is not a university or college, at least two and no more than three
voting members appointed by the Contracting Agency;
- for universities and colleges,
at least four and no more than five voting members appointed by the
It is permissable for a Contracting Agency to not appoint Core Group members to the Art Advisory Selection Committee if there is expertise within the Contracting Agency that will fulfill the roles that Core Group members would provide. The determination that no Core Group members need be appointed will be made in consultation with the Ohio Arts Council Percent for Art program staff.
Selection Committee's role is to:
- establish a working timeline
for each project;
- determine the appropriate
type of artwork for the site;
- determine the method of
selecting artists for each project;
- serve as the jury for selecting
the project artists;
- identify additional outside
jurors when needed.
The Ohio Arts Council urges the Percent for Art Advisory Selection Committee
to be sensitive to the immediate community. Ideally, the ideas of the
community will be carried to the committee through the appointments made
by the contracting agency. At all times, artwork will be selected on the
basis of artistic integrity, overall quality and appropriateness for the
The Ohio Arts Council staff shall consult with the CEO of the contracting
agency or his designee before making any decisions regarding artists and
All selections of artists and artworks are coordinated by the Ohio Arts
Council Percent for Art Program staff in cooperation with the Percent for Art Advisory Selection
Committee, and must be ratified by the Ohio Arts Council Board.
Artists interested in participating in the Percent for Art Program may
be selected through one of three processes: open competition, juried invitational
or selection by curator.
The process to be used will be determined by the Percent for Art Advisory
Selection Committee, in consultation with the Ohio Arts Council Percent for Art Program staff, taking in consideration the nature of each project, its budget
and construction schedule.
- Open Competition (RFQ)
- In this process artists
are solicited by emailed announcements and published advertisements to
compete for a commission. Artists submit digital images of past work and credentials to be
reviewed by the Percent for Art Advisory Selection Committee and/or
a panel of jurors.
- Juried Invitational
- Recommendations of artists
whose work might be appropriate for a particular commission are solicited
from members of the Contracting Agency's Percent for Art Advisory Committee with additional suggestions from curators, public art program administrators and other arts professionals.
The recommended artists are asked to submit digital images and credentials for
review by the Percent for Art Advisory Selection Committee and/or a
panel of jurors.
- Selection by Curator
- A qualified curator is appointed
by the Percent for Art Advisory Selection Committee to determine which
artists should be recommended for the project.
- Ohio Online Visual Artist Registry
- Occasionally an Advisory
Selection Committee may choose to review digital images of artists from the Ohio Online Visual Artist Registry when it is selecting project artists.
The Ohio Online Visual Artist registry is maintained by the Ohio Arts Council in partnership with the Columbus Metropolitan Library. Artists
may become part of the registry by applying online at www.ohioonlinearts.org.
Types of Works That Can Be Comissioned
- These are projects in which
artists work directly in consultation with architects, landscape architects,
other designers and engineers. The artist is able to work with other
team members to influence decisions about the ornamental, structural
and material aspects of the building. The collaboration could involve
the entire building or selected features.
- Site-Integrated Works
- These are projects in which
the artist works with the architect from the conceptual or early stages
of the building design to create a site-specific work that is integrated
with the structure of the building.
- Construction Complete
- Some projects might not
call for commissioned works. There are times when it is more appropriate
for the site to acquire works created independently of the Percent for
Art Program or are pre-existing works of art. The Percent for Art Advisory Committee purchases the pre-existing work with the Percent for Art funds.
- Site Specific Work
- This is work that may be
site-specific but is placed on a site after the construction or renovation
has been completed.
As part of the selection process, artists chosen as semi-finalists for
Percent for Art commissions will be required to submit a written proposal and project budget
in addition to working drawings, schematics, computer renderings or maquette. Often the selection process
will include on-site interviews of the semi-finalists by the Percent for
Art Advisory Selection Committee and Ohio Percent for Art Program staff.
The selected finalist artist(s) enters into
a contract for the completion of the work with the Ohio Arts Council and the Contracting Agency. Selected artists will be independent
contractors with the Percent for Art Program; they should not represent
themselves in any other manner. Selected artists are not considered employees
of the Ohio Arts Council or the State of Ohio. The artist is responsible
for the following:
- scheduling on-site activities
- communication with all parties
- miscellaneous incidentals
- storage when necessary
- shipping and installation
- detailed maintenance plan
for the work
All state buildings have individual
insurance terms. Insurance may vary from site to site. Insurance terms
will be written into each contract in consultation with facility planners
at the sites.
Budgets and Contracts
Generally the budget for any project is one percent of the eligible capital
appropriation. The exact amount will vary depending on the allocations
made in the capital budget. In addition to the cost of the artwork, expenses
of the artist selection process must come from the Percent for Art allocation.
Artist Selection Expenses may include:
- travel for Percent for Art Advisory Selection
Committee members (excluding staff members of the contracting agency) for selection meetings in accordance with state travel
- designer fees and printing
costs for a prospectus if one is requested by the Percent for Art Advisory Selection
- postage and delivery costs
for the prospectus;
- jurors fees if outside jurors
are requested by the Percent for Art Advisory Selection Committee.
- Proposal or design fees
to semi-finalist artists
Final Commission amount expenses include:
- artists' fees;
- artists' direct and indirect
costs, including labor or assistants' fees (prevailing wage rate as it applies), studio costs, rent, utilities,
cost of materials, insurance and depreciation on equipment;
- artists' travel to and from
the site in accordance with state travel reimbursement;
- shipping and crating;
- engineering costs;
- pre-installation and site
- installation costs;
- designer and/or landscape
architect's fees for landscape materials (if integral to the artwork);
- electrical or water components
integral to the artwork;
- identification signage and
- travel costs associated with dedication if required.
Expenses for which Percent
for Art funds may not be used:
- reproductions of original
works of art by mechanical or other means;
- directional or other functional
elements such as signage, graphics, maps;
- exhibition or educational
- decorative, ornamental or
functional elements designed by the building architect or consultants
engaged by the architect, including elements normally considered to
be related to landscape architecture, such as plant materials, patios,
benches, pools, fixtures, planters;
- electrical, water or mechanical
service for activation of the artwork.
The Ohio Arts Council and the Contracting Agency will enter into a contract
for the administration of the selection process. This contract will give
the Ohio Arts Council the authority to invoice for
all expenses it deems appropriate for the selection process (see
above section.) Upon selection of the final artist(s) the Ohio Arts Council, the Contracting Agency and the
commissioned artist will execute a contract in which all issues of the
final commission, such as insurance, maintenance, etc., are described
The Process, Step By Step
1. The capital improvements bill (House Bill)
is signed by the governor.
2. The director of the state Office of Budget and Management, in consultation
with the Ohio Arts Council, determines which new construction and renovation
projects are exempt from the program or funded at an amount less than
the one-percent allocation. Fully funded Percent for Art projects are approved by the Office of Budget and Management director. The Ohio Arts Council staff is notified of eligible projects by the Office
of Budget and Management.
3. The contracting agencies and the Department of Administrative Services
begin the process for the selection of architects and plans for new construction
4. The Ohio Arts Council staff contacts the contracting agency to schedule
and initial meeting with a representative of the Contracting Agency's Facilities Planning Office. At this meeting the contracting
agency is asked to appoint representatives to the Percent for Art Advisory Selection Committee which includes members of the Core Group as appropriate.
5. At the first meeting of the Percent for Art Advisory Selection Committee they:
- determine the nature of
the project for the site;
- determine the process and
a timeline for choosing the artist or design team;
- establish a timeline for
the project in accordance with the Contracting Agency's planning and
- discuss the budget for the
project keeping in mind that the selection process will be directly
affected by the size of the available budget.
6. The Percent for Art program
staff works with the contracting agency to coordinate notification of
artists, press releases and advertising, if applicable.
7. There are a number of subsequent meetings. Agendas for these meetings
- A review of all artists'
materials including digital images, resumes and catalogs received in response
to a commission announcement.
- Semi-finalists may meet
with the Percent for Art Advisory Committee and the project architect for information about the
project and site.
- Semi-finalists are interviewed
separately by the Percent for Art Advisory Selection Committee. Specific
site proposals and maquettes are reviewed. After the interviews are
over, the Advisory Selection Committee selects a finalist.
In reviewing the proposals,
- overall quality of the work;
- integration of the work
in the overall design of the new construction or renovation;
- important thematic considerations related to building's purpose and/or users;
- choice of materials or medium.
It is important to ensure that appropriate materials are used in public
works with regard to size, weight, height considerations or restrictions;
- longevity of the piece with regards to maintenance costs/issues.
Previous meeting minutes and artists' maquettes should be made available
to the general public. In addition, public programs are encouraged. Suggestions
include exhibitions of artists' maquettes, production of catalogs to document
the project or a public symposium to discuss the selection process and
the nature of the project. All proposal materials submitted by semi-finalist artists become the property of the Contracting Agency.
For the purposes of the Ohio Percent for Art Program, the following definitions
and descriptions are used:
- Professional Artist
- A person who devotes a major
portion of his or her time to practicing, performing or teaching the
arts. For the purpose of these guidelines that includes but is not limited
to, visual artists, designers and architects.
- Outside Jurors
- Arts professionals who may
be called on to assist in the artist selection process in the case of
open competitions or juried invitationals. They may be brought into
the process because expertise is needed in specific areas or because
broader or more objective perspectives on the projects are needed. Outside
jurors are not limited to Ohio residents.
- An individual architect
or a representative of the firm designing the new construction or renovation
of a state building. The architect always is a voting member of the
Percent for Art Advisory Selection Committee. If the architect elects
not to be a member of the committee, the contracting agency will keep
the architect apprised of the committee's work, and the architect will
be consulted about any technical concerns. In cases where the proposed
project involves an artist/designer collaboration and the architect
elects not to be part of the Percent for Art Advisory Selection Committee, the architect
will be asked to send a representative to Percent for Art Advisory Selection
- Works of Art
- All forms of original creations
of visual art, including, but not limited to, paintings in all mediums,
either portable such as canvas or paper, or permanently affixed such
as murals; sculpture including bas-relief, high relief, sculpture in
the round, mobiles, fountains, kinetic sculpture, electronic sculpture,
sound sculpture and environmental sculpture; landscape architecture;
prints; calligraphy; works in clay; drawings; stained glass; mosaics;
photographs; textiles and other works in fiber; works in wood, metal,
plastics and other materials or combinations of materials; and mixed
media works (see Appendix A, Division
(B)(3) of Section 3379.10 of Am. Sub. S.B. 336.)
- Any public building, facility,
structure or park built or renovated by the State of Ohio using state
funds, including state-owned land or space surrounding or integral to
the building, facility, structure or park. (see Appendix
A, Division (B)(3) of Section 3379.10 of Am. Sub. S.B. 336.)
- Contracting Agency
- The contracting agency is
the state agency or department of a state university that will be receiving
artwork through the Percent for Art Program. It is the responsibility
of the facility planner at each contracting agency to act as liaison
for the administration of the project (see Appendix
A, Section 3379.10 of Am. Sub. S.B. 336.)