Template revised January 10, 2019.

COMMISSION

AGENDA MEMORANDUM

Item No.

ACTION ITEM

Date of Meeting

November 19, 2019

DATE: November 13, 2019

TO: Stephen P. Metruck, Executive Director

FROM: Tommy Gregory, Senior Art Manager

Peter Mills, Commission Specialist

SUBJECT: Port-Wide Arts and Cultural Program Policy Directive

ACTION REQUESTED

Request adoption of Resolution No. 3766, a Resolution of the Port of Seattle Commission

establishing the Port-Wide Arts and Cultural Program Policy Directive which directs the

Executive to create a strategy for art and cultural programs across all port facilities, return art

funding to one percent of capital construction projects port-wide, establish art pools for art

expenditures, and create an operational budget for art conservation, maintenance, staffing

needs, cultural programming, and public engagement.

EXECUTIVE SUMMARY

The policy directive was introduced at Port of Seattle Commission on November 12, 2019. The

Art Oversight Committee reviewed the directive on November 4

and recommended it for

adoption. On September 24, 2019, the Commission received a briefing on the directive. The

policy, as proposed, will replace the 2009 Arts Program policy. The policy has been

recommended to Port of Seattle Commission by the Art Committee, including Commission

Chairs Stephanie Bowman and Peter Steinbrueck.

The proposed Port-Wide Arts and Cultural Program Policy Directive instructs the Executive

Director or his delegates to take the following actions:

• Expand the Port’s art program to include cultural programming and public outreach

efforts.

• Return art funding to one-percent of all capital construction projects and increase the

project-cost threshold for program eligibility to $300,000 in a phased approach.

• Maintain aviation division project exclusions from participation in art funding and

implement exclusions for maritime division projects from participating in art funding.

• Establish two art pools for art expenditures to flow from to create transparency,

simplicity, and flexibility.

o Aviation will continue to keep their art funds separate from the rest of the Port

due to FAA compliance restrictions.

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• Increase operational budget for art conservation and maintenance, cultural

programming, outreach and staffing needs.

• Create new guidelines for the Port-Wide Arts and Cultural Program which outline

specific guidance and direction for art, cultural programming, public engagement and

the functions of the Port-Wide Arts and Culture Board.

• Rename the Art Oversight Committee to the Port-Wide Arts and Culture Board and

restructure the makeup of the Board to emphasize the port-wide role.

• Strengthen the collections database to track art and significant gifts given to the Port

including cost and date of the acquisition, specifics on how each piece was acquired

from, current location of the piece, a short description of the piece, condition,

conservation history and the appraisal value of the piece.

JUSTIFICATION

The Port of Seattle was once a national leader in curating a publicly accessible art collection,

with Sea-Tac Airport being the first public airport to begin investing in artwork in the late 1960s.

The Port’s first art-related program was created on November 15, 2000. The Port of Seattle Art

Program required art to be funded by one percent of capital projects, created the Art Oversight

Committee, and outlined criteria and guidelines for the selection of art to incorporate

throughout the Port.

The Port has many incentives to develop a Port-Wide Arts and Cultural program. A revised

program will help promote a sense of place to our community and port customers. It will

connect constituents with the work of the Port. Art can be a tool to promote port values

including equity and inclusion. Capital spending on art is also an economic stimulus not just to

artists but to trades and crafts people employed in fabrication and install.

While art inherently encompasses and embraces culture, it is important for the Port to expand

its current program to specifically call out cultural programming. This allows the Port to

showcase the diverse culture that makes up the Pacific Northwest and Seattle through avenues

such as performing arts and public engagement. Incorporating cultural programming as an

element of the overall program also gives the public more opportunity to engage with the Port.

DETAILS

Funding

The 2009 Art Program Policy and Guidelines require capital projects costing over $200,000 to

allocate one-half-of-one-percent to art. When the Port’s art program was initially established in

2000, funding for art was one-percent. A return to a one-percent allocation for art puts the Port

on the same funding level as its neighboring jurisdictions. Sound Transit, Pierce County,

Snohomish County, King County, and the City of Seattle all have “One Percent for Art” programs

in place to fund art integration into their facilities. Many major airports across the country also

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have at least one-percent allocated for art. “Percent for Art” programs are common across the

country at municipal, county, and state levels, with the average percentage being one-percent.

The proposed Port-Wide Arts and Cultural Program Policy Directive also increases the project-

cost threshold for projects required to allocate money for art from $200,000 to the threshold

for Commission action. Currently, capital projects costing $300,000 or more currently require

Commission approval to move forward. Increasing the project-cost threshold to the threshold

for Commission action allows the Commission and the public to have greater visibility of the art

component of a project.

The proposed Port-Wide Arts and Cultural Program Policy Directive implements the increase in

art allocation in a phased approach. Beginning January 1, 2020, Aviation and Non-Aviation

division capital construction projects including cruise terminal projects will allocate one-percent

of their budgets to art.

The proposed policy directive instructs the Executive to direct appropriate resources, including

fiscal resources and staff, to adhere to best practices for art maintenance and conservation and

to meet the needs of the expanding Port-Wide Arts and Cultural Program.

Project Exclusions

The 2009 Port of Seattle Art Program Policy include the following exclusions from contributing

to the policy:

• Aviation division projects including airfield paving and associated airfield components,

fuel hydrant systems, baggage systems in the bagwell which are not in the public bag

claim area, infrastructure system in non-public areas, and underground utilities.

• Non-Aviation projects including fishing-related docks, berths, dolphins, piles, electrical,

and sewage.

• Shared-use fishing capital construction projects shall be excluded proportionally.

All project exclusions port-wide will go into effect on January 1, 2020.

No additional projects are excluded from participation.

Art Pools

Under the 2009 Art Program Policy and Guidelines, art integration is funded by the projects

which the funding stems from. Funds from projects that cannot incorporate art are moved into

the existing art pools. Those pools are used to supplement existing art projects. The 2009 Art

Program Policy and Guidelines established art pools for each of the Port’s participating

divisions: Aviation, Seaport, and Real Estate.

The proposed policy directive creates two art pools to fund all art expenditures directly. The

Aviation Art Pool would remain intact, and a Non-Aviation Art Pool would be created to replace

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the Seaport and Real Estate art pools and fund art for all non-aviation divisions. Both pools will

be funded by projects’ art allocations of one-percent, and the pools in turn fund art

expenditures. The rationale behind this process is transparency, simplicity and flexibility.

Establishing art pools which directly fund art expenditures ensures that the Port can

incorporate art wherever the Port-Wide Arts and Culture Board deems fit, rather than being

tied to a specific project. Art pools also create single funds for expenditures to flow from,

making it easy to track how much money is spent on art throughout the Port.

Port-Wide Arts and Culture Board

The Art Oversight Committee was established when the Port’s art program was established in

2000. This committee provides guidance, leadership, and support to the Port of Seattle in its

acquisition and integration of art throughout the Port and Port-related facilities. Makeup of the

committee is as follows:

Existing Art Oversight Committee Membership

As many as nine members:

• Six members appointed by the Commission:

1. Commission President (or a commissioner appointed by the Commission President).

2. Representative of the regional visual arts community.

3. Visual artist.

4. Visual art curator.

5. Architect familiar with the Port’s design vision and standard.

6. A member of the community at large.

• Three members appointed by the Chief Executive Officer:

1. Seaport Managing Director or designee.

2. Real Estate Managing Director or designee.

3. Airport Managing Director or designee.

The proposed Port-Wide Arts and Cultural Program Policy Directive renames the committee to

the Port-Wide Arts and Culture Board so there is no confusion about whether it is a chartered

committee.

Proposed Arts and Culture Board Membership

Nine members:

• Two Commissioners, appointed by the Commission President

• Three members of the Executive Leadership Team or their delegate

1. Seaport Managing Director or designee

2. Economic Development Director or designee

3. Airport Managing Director or designee

• Four members from the regional art community, nominated by the board and appointed

by the Commission.

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The board will continue to provide guidance, leadership and support to the Port in its goals to

integrate art into Port and Port-related facilities. Members will be required to have a

professional background in fine and/or performing arts. The board will conduct themselves

according to Robert’s Rules of Order, and their specific duties, membership requirements and

other functions will be delineated by the Port-Wide Arts and Cultural Program Guidelines.

2007 Audit

The Port was audited by the State in 2007 on its construction management. Included in the final

audit report were findings about the Port’s Art Program. Auditors found that the program’s

policies were unclear and needed revision. The report recommended the following actions:

1. Define what “accessible and visible to the public” means;

2. Clarify how one-percent determinations are made when major projects consist of

portions that are clearly outside of the policy’s defined base;

3. Clarify when matters should be referred to the Commission for discussion in public

meetings;

4. Implement a required budget-vs-actual reporting mechanism for each project to ensure

accountability; and

5. Require the Art Oversight Committee to document their determinations of which

projects comply with all provisions of the program guidelines.

Following the 2007 audit report, the Art Program was revised to address the concerns raised by

the audit. The revised Art Program Policy and Guidelines were approved by Commission on

August 26, 2008. The following revisions were made:

1. Art funding decreased from one-percent of construction costs of publicly visible or

accessible capital projects to one-half-of-one-percent of design and construction costs

of capital improvement projects.

2. Commission involvement decreased from approval of all art recommendations made by

the Art Oversight Committee to setting art policy, providing overall guidance for the

Port’s art program, and other duties.

3. Implementation of a budget tracking system for all art projects to be tracked on a

budget-versus-actual-costs basis.

4. Art Oversight Committee documenting compliance of projects with the provisions of the

Art Program Policy and Guidelines.

The Art Program was revised again in 2009 and approved on December 15, 2009 as the 2009

Port of Seattle Art Program Policy and Guidelines. Revisions were made to the following areas:

1. Criteria created for a project to be eligible for consideration of art pool funding.

2. Art procurements exempted from the CPO-1 procurement policy.

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3. Artist and artwork selection process criteria meets the requirements of state law and

takes into consideration State of Washington Arts Commission standards.

4. Art Oversight Committee membership increased from eight members to nine members.

The 2009 Port of Seattle Art Program Policy and Guidelines is the current policy in place at the

Port.

ATTACHMENTS TO THIS REQUEST

(1) Draft Resolution No. 3766

(2) Draft Policy Directive

PREVIOUS COMMISSION ACTIONS OR BRIEFINGS

November 12, 2019 – Port-wide Art and Culture Policy Directive introduction to Commission

September 24, 2019 – Port of Seattle Commission briefing on the Port-Wide Arts and

Cultural Program Policy Directive

December 15, 2009 – the Commission approved a request for revision to the Port of Seattle

Art Program Policy and Guidelines. Revisions were made to the art pool, artwork

procurement policy, artist selection process, and Art Oversight Committee membership.

August 26, 2008 – the Commission approved a request for revision to the Port of Seattle Art

Program Policy and Guidelines. Revisions were made in accordance with

Recommendation 48 of the 2007 SAO Audit Report on Port of Seattle Construction

Management to art funding, Commission involvement, cost tracking, and compliance

documentation.

November 15, 2000 – the Commission was briefed on the Port of Seattle Program

Guidelines. The briefing provided an in-depth discussion of guidelines and criteria for

selecting art pieces for the Port, the creation of an Art Oversight Committee, and art

funding set at one-percent of capital projects. No formal request for action was made

during this briefing.