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5A GAR - EDUCATION CH. 6 - COUNCIL OF THE ARTS & HUMANITIES ART. 1 - COUNCIL BYLAWS - 1997 - P. 1 CHAPTER 6 COUNCIL ON THE ARTS & HUMANITIES NOTE: The Insular Arts Council, created by Executive Order No. 75- 23, was replaced by the Council on the Arts & Humanities, created by P.L. 16-122 (12/24/82). [Chapter 85, Title 5, Guam Code Annotated.] This law was amended by P.L. 17-81:5 and P.L. 18-2:1. Both amendments had the effect of making the Council permanent. This became effective February 28, 1985. Article 1 Council Bylaws §6101. Preamble. §6102. Purpose and Goals §6103. Governing Board §6104. Officers §6105. Executive Committee §6106. Powers and Duties §6107. Council Member Standards. §6108. Correspondence §6109. Meetings. §6110. Special Committees and Citizens Advisory Panels. §6111. Staff. §6112. Miscellaneous §6113. Revolving Fund §6114. Amendments. §6101. Preamble. In order to acquaint the public with the functions of the Guam Council on the Arts and Humanities Agency, hereinafter referred to as the Council, and in order to provide an instructional and educational document for the public and for the Council members and employees setting forth rules governing the conduct of Council affairs and business, these by-laws are enacted. §6102. Purpose and Goals. (a) Citizens of Guam often lack the opportunity to view, enjoy or participate in live theatrical performances, musical concerts, operas, dance and ballet materials, art exhibits, examples of fine architecture and the performing and fine arts. The Council desires to foster the opportunity for participation in arts and humanities programs designed to benefit citizens of all ages and from every facet of our multiethnic community. As it is the policy of the Government of Guam to stimulate the economic growth of the Territory through cultural activities, it is a goal of the agency to provide more opportunities for professional training and

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Page 1: CHAPTER 6 C ARTS HUMANITIES

5A GAR - EDUCATION

CH. 6 - COUNCIL OF THE ARTS & HUMANITIESART. 1 - COUNCIL BYLAWS - 1997 - P. 1

CHAPTER 6

COUNCIL ON THE ARTS & HUMANITIES

NOTE: The Insular Arts Council, created by Executive Order No. 75-23, was replaced by the Council on the Arts & Humanities, created byP.L. 16-122 (12/24/82). [Chapter 85, Title 5, Guam Code Annotated.]This law was amended by P.L. 17-81:5 and P.L. 18-2:1. Bothamendments had the effect of making the Council permanent.

This became effective February 28, 1985.

Article 1

Council Bylaws§6101. Preamble.§6102. Purpose and Goals§6103. Governing Board§6104. Officers§6105. Executive Committee§6106. Powers and Duties§6107. Council Member Standards.§6108. Correspondence§6109. Meetings.§6110. Special Committees and Citizens Advisory Panels.§6111. Staff.§6112. Miscellaneous§6113. Revolving Fund§6114. Amendments.

§6101. Preamble. In order to acquaint the publicwith the functions of the Guam Council on the Arts andHumanities Agency, hereinafter referred to as theCouncil, and in order to provide an instructional andeducational document for the public and for the Councilmembers and employees setting forth rules governing theconduct of Council affairs and business, these by-laws areenacted.

§6102. Purpose and Goals. (a) Citizens of Guamoften lack the opportunity to view, enjoy or participate inlive theatrical performances, musical concerts, operas,dance and ballet materials, art exhibits, examples of finearchitecture and the performing and fine arts. TheCouncil desires to foster the opportunity for participationin arts and humanities programs designed to benefitcitizens of all ages and from every facet of our multiethniccommunity. As it is the policy of the Government ofGuam to stimulate the economic growth of the Territorythrough cultural activities, it is a goal of the agency toprovide more opportunities for professional training and

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practice in the arts and humanities to insure that theirrole in the life of the community will grow and play amore significant part in the welfare and educationalexperience of the people of the island. Coordinating andencouraging schools, organizations and individuals in theirseveral artistic and cultural activities is in the bestinterest of the Territory of Guam and this Council.Finally, the Council will be making prompt application forfederal funds in support of the arts and humanities and ischarged with the expenditure of those funds.

(b) The purposes and charge of the Guam Council onthe Arts & Humanities are:

(1) To stimulate and encourage the study andpresentation of the performing and fine arts and publicinterest and participation therein;

(2) To help develop and sustain existingindependent institutions of the arts by providingtechnical assistance in strengthening administrative andfund-raising techniques;

(3) To provide for the exhibition of art works inpublic buildings; to administer the art bank purchases andto make policies therefor;

(4) To bring the highest quality of arts to theterritory; to promote the opportunity for people toexperience, enjoy and profit from the arts and humanities;

(5) To join or contract with private patrons,individual artists, and ensembles, and with institutions,local sponsoring organizations and professionalorganizations;

(6) To enter into contracts to provide grants. loans oradvances to individuals, organizations or institutions --public or private -- engaged in artistic, humanistic andcultural programs;

(7) To accept gifts, contributions and bequests offunds, artifacts or property;

(8) To serve as the sole government agency foradministering any state plan of the National Endowmentfor the Arts & Humanities;

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(9) To make applications for federal funds fromthe National Endowment for the Arts & Humanities orto any office or agency of the United States forparticipation in or receipt of aid from federalprograms;

(10) To receive requests for grants and to makegrants to institutions, individuals, and agencies ofgovernment for the furtherance of the arts andhumanities;

(11) To administer and disburse funds; [and]

(12) To administer appropriations made by theLegislature for arts and humanities programs.

§6103. Governing Board. (a) The Council shall begoverned by a Board as hereinafter constituted andprovided.

(b) The Board shall consist of eleven (11) membersto be appointed by the Governor with the advice andconsent of the Legislature. The Governor, whenmaking initial appointments, shall designate sixmembers to serve for two- year terms and fivemembers to serve for four- year terms. Subsequentappointments shall be for terms of four years exceptthat when a vacancy occurs, it shall be filled byappointment of the Governor with the advice andconsent of the Legislature for the remainder of thevacating member's term. No person shall serve morethan one four-year appointment without interruption.

(c) Qualifications. Members of the Board shall beappointed from among male and female residents ofGuam, selected at-large, who have recognizedprofessional interest and experience in or who arewidely known for their interest in the arts andhumanities. The Board shall have at least one memberto represent each of the following areas: performingarts, visual arts, literature and folk arts.

(d) Disqualifications. While serving in office, nomember of the Board or any of its committees, panelsor advisory groups shall be eligible to receive in his orher own name, a grant, loan, or other form of

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assistance from the Council. No Council Member shallreceive direct or indirect compensation such as salaryor stipend for implementing the Council's programs.

§6104. Officers. (a) The Board shall elect fromamong its members a chairperson and a vice-chairperson, both to serve in those capacities no longerthan their term of office as a Board member. Thechairperson shall preside at all meetings, shall act asthe spokesperson of the Board and perform such otherduties as the Board shall direct. The vice-chairpersonshall succeed to the duties of the chairperson in theabsence or inability of the chairperson. An annualelection for the Board [and its] officers and any otherofficers which may be deemed necessary shall be heldin April of every year.

(b) The Chairperson shall be the chief executiveofficer of the Council. The Chairperson's dutiesinclude:

(1) Leading Council activities;

(2) Working in close partnership with theDirector;

(3) Representing the Council between itsmeetings;

(4) Preparing for and chairing Council meetings;

(5) Making appointments to committees andpanels;

(6) Ensuring that the Council remains informedbetween meetings;

(7) Communicating the views of the Council tothe staff and the staff's to the Council;

(8) Acting as a political buffer with the Governor'sOffice;

(9) Being the primary spokesperson for theCouncil; and

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(10) Miscellaneous other duties which arise fromtime to time as directed by the Council.

(c) The Council may contract for the service ofprofessionals, experts, and other persons which theCouncil deems necessary to define and carry out itspurposes.

§6105, Executive Committee.(a) There shall be anExecutive Committee consisting of the Chairperson,Vice-Chairperson, Secretary and the ExecutiveDirector.

(b) The Executive Director is an ex-officio non-voting member of the Executive Committee.

(c) Any member of the Executive Committee maycall an Executive Committee meeting.

(d) The recommendations made by [the]Executive Committee will be finalized by the Councilat an open meeting.

§6106. Powers and Duties. (a) The Council shallhave those powers necessary to carry out the dutiesimposed on it by [these By-laws], including but notlimited to the following sections.

(b) The Council will prepare and submit anannual budget to the Governor and the Legislaturewhich reflects the needs of the Territory; [will] applyfor and accept for the arts and humanities on behalf ofthe Territory any federal funds granted by Act ofCongress or by executive order for all or any of thepurposes of [the Council], the Council being the soleand official agency of the Territory to apply for,receive and disburse funds from the NationalEndowment for the Arts and Humanities; [will] applyfor and accept (with or without qualifications orlimitations), and expend any gifts, donations, orbequests for all or any of the purposes of [the Council];[will] accept and expend such funds as may beappropriated to it.

(c) To hire personnel and consultants for the staffof the Council; to formulate policies; to adopt such

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reasonable by-laws, rules and regulations, operatingguidelines and procedures consistent with thepurposes and process [of the laws governing theCouncil], and to effectuate the provisions of [law andthese by-laws]; to hold hearings, enter into contracts,make and sign agreements and perform any actswhich may be necessary, desirable or proper to carryout the purposes [of the law, federal and local rulesgoverning the Council.]

(d) To appoint committees, panels, andcommissions in furtherance of its duties; to requestfrom any department, division, board, bureau,commission, council or other agency of the Territorysuch reasonable assistance and data as will enable itproperly to carry out its powers and duties under[applicable laws]; to advise, coordinate, to consultwith, and enter into agreements and arrangementswith foundations, charitable institutions, businesses,private individuals, local, state and federaldepartments and agencies on means by which tocoordinate, assist and effectuate the powers and duties[of the Council]; to establish grant application criteriaand procedure and to award prizes and direct grantsto individuals and organizations in accordance withthe criteria and procedure established.

(e) To act as advisor to the Governor concerningthe arts and humanities.

(f) To carry out programs initiated by theGovernor of the Territory for the interest of the people.

§6107. Council Member Standards. (a) Councilmembers should represent the people of Guam.Council members should:

(1) Participate in all Council activities to the fullestextent including attendance at all meetings;

(2) Prepare for all Council meetings by reviewingavailable material in advance;

(3) Contribute from their experience andjudgment to Council actions;

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(4) Acquaint themselves with the full spectrum ofthe cultural resources in Guam to whatever extentpossible;

(5) Feel free to raise questions and discussproblems with anyone;

(6) Act without self-interest. Although a Councilmember may be identified with a particular artsdiscipline, and/or institution. these loyalties must besubjugated to the broader purpose of acting in the bestinterest of island-wide arts promotion anddevelopment;

(7) Be an advocate for the Council's programs;

(8) Not commit the Council or themselves onbehalf of the Council to any action withoutauthorization from the Council.

(b) Regarding proposed grants, the Chairpersonor any member of the Council must make it clear intalking to potential grantees that grants are contingentupon Council approval and allocation of funds.Members of the Council should encourage programs,but must make it clear that no program is approvedexcept by the Council and is contingent upon theapproval of the Governor and the availability of funds.

(c) A Council member shall abstain from votingon any funding to any organization of which s/he is amember, or employee, or when there may be a conflictof interest. When a grant is under discussion for suchan organization, the Council member associated withthat organization shall not promote funding but mayanswer questions put to him/her by other members ofthe Council for informational purposes. The Councilmember shall remove himself/herself from theCouncil meeting temporarily when such questionshave been answered and before the voting takes place.

(d) Revocation of Board Membership. Any BoardMember missing three consecutive, regular boardmeetings shall be dismissed from the Board.

§6108. Correspondence. (No entries)

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§6109. Meetings. (a) The Council shall conductmeetings as deemed necessary to carry out Councilprogramming and functions as required by law.

(b) Special meetings and hearings of the Councilmay be called for any purpose or purposes whatsoeverand may be called by the Chairperson.

(c) The Chairperson shall call all Council meetingsand hearings.

(d) The Chairperson shall preside at all meetingsand hearings of the Council. In the absence of theChairperson, the Vice-Chairperson will preside atregular meetings. In the absence of the Chairpersonand Vice-Chairperson, the Council shall elect one of itsmembers to preside at the meeting or hearing.

(e) There shall be an agenda for each regularmeeting of the Council. The agenda shall be preparedby the Director in consultation with the Chairpersonand be available to the Council members no less thanone week before the meeting.

(f) The Board shall meet at least monthly, at suchtimes and places as established (or by the Chairpersonwhen the Board does not act), to transact suchbusiness as the Board determines. A quorum of theBoard shall consist of a majority of members dulyappointed and confirmed. The Chairperson shall becounted for a quorum but shall vote only in the case ofa tie. Members of the Board shall serve withoutcompensation, but each member shall be reimbursedfor expenses incurred in the performance of officialduties.

(g) There shall be no proxy votes by or for CouncilMembers.

§6110. Special Committees and CitizensAdvisory Panels. (a) Standing Committees composedof Council members and Citizens Advisory Panelcommittees composed of Council members andcitizens at large may be established by the Council.Each Council member will head at least one CitizensAdvisory Panel.

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(b) The Chairperson, with consent of [the]Citizens Advisory Panel chairperson, shall appointand may remove members of committees. Lists ofpotential panel members shall be made up fromsuggestions by Council members and staff.

(c) Each panel shall be composed of no less thanfour members.

(d) Panels shall report their activities to theCouncil at the request of the Chairperson.

(e) The Chairperson and Executive Director shallbe ex-officio members, without vote, on all panels. TheChairperson and Executive Director shall not beconsidered panel members for quorum purposes.

(f) Members of panels shall receive noremuneration for their services with the exception oftravel and per diem [at] prevailing Guam rates.

(g) Panels will review all grants and contracts andmake recommendations to the Council as to artisticmerit and suitability for funding.

§6111. Staff. (a) The Director shall be the ChiefAdministrative Officer of the Council. The Directorshall carry out the policies established by the Boardand shall employ, supervise and discharge suchprofessional, administrative, technical, consultative,and other personnel as may be necessary to implementthe policies established by the Council. The Directorshall be knowledgeable in the arts and humanities byreason of education and expertise.

(b) (Omitted)

(c) The Board and/or Chairperson may delegatework to agency staff through the Director. The staff ofthe agency is not the staff of the Council. Only theDirector reports directly to the Council.

§6112. Miscellaneous. (a) Information about thepolicies and procedures of the Council's programs andservices shall be made available to potential applicantsand users in clear and up-to-date form.

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(b) In case of dispute or question as to themeaning of any word, phrase, section or article ofthese By-laws, the interpretation shall be decided bymajority Council vote. In very important matters, legalcounsel shall be sought.

(c) Written minutes and records shall be kept ofall meetings and hearings of the Council. The minutesshall be available to the members of the Councilwithin seven days from the meeting date.

(d) As members of the Council or one of itscommittees, Council members may enter minorityreports. Minority reports shall be made a part of theminutes of the Council meeting or hearing at whichthe minority report is given.

(e) Censorship. In carrying out their duties andpowers under [applicable law and rules], neither theCouncil nor its staff shall by action directly orindirectly interfere with or infringe on the freedom ofartistic expression, nor shall they make anyrecommendation that might be interpreted to be aform of censorship.

(f) Annual Report. Within 90 days following theclose of the fiscal year of the Territory, the Councilshall transmit its annual report of activities to theGovernor and the Legislature, which report shall bemade to the public.

§6113. Revolving Fund. (a) The Governor shallestablish a revolving fund for the Council on the Artsand Humanities. The Council may then deposit in therevolving fund income generated from gallerycommissions, season tickets and other fund- raisingactivities to be used to further art projects. Individualaccounts may be opened under the revolving fund forspecific projects.

§6114. Amendments. (a) These By-Laws may, inwhole or in part, be added to, amended, repealed, orreenacted by [a] two-thirds (2/3) majority affirmativevote of the Council: Provided, however, that no suchchange or addition to the By-Laws shall be madeunless written notice of the proposed change or

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addition shall have been given to the Councilmembers no less than 14 days prior to the date of themeeting at which the change or addition is to beconsidered.

NOTE: A booklet describing the Grants and Services of the GuamCommission on the Arts and Humanities Agency is available fromthe Agency. The booklet also includes the proper forms forapplying for such grants and services. The current booklet waspromulgated effective October 1, 1988.

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Article 2Arts in Public Places

§6101. The Law§6102. Purpose§6103. Definitions§6104. How it Works§6105. Selection Committee§6106. Selection Procedure§6107. Budget§6108. Use of Funds§6109. Who is Eligible§6110. Responsibilities§6111. Scope and Nature of Expenditures§6112. General Principles and Procedures§6113. Documentation and Evaluation§6114. In Conclusion

§6101. The Law. Title 1, Guam Code AnnotatedChapter 8, Article 2.

§6102. Purpose. The territory recognizes itsresponsibility to foster culture and the arts and thenecessity for the development of local artists. TheLegislature declares it to be a territorial policy that aportion of appropriations for capital expenditures forpublic buildings be set aside for the acquisition ofworks of art to be used in such buildings and in anybuildings intended for use of the general public to theextent that the construction or improvement of suchnon-public buildings is supported by eithergovernment of Guam funds through tax abatements,rebates, loans, loan guarantees or bond financing or byFederal funds administered by the government ofGuam, unless restricted by the Federal Government.

§6103. Definitions. (a) Art: including but notlimited to sculptures, paintings, murals, or objectsrelating to or consisting of native art as defined in P.L.15-50.

(b) Artist: one who produces or aids in theproduction of art.

(c) Public Building or Public Facility: a building orfacility owned by the government of Guam or any ofit's instrumentalities.

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(d) Non-Public Buildings: Buildings that aresupported by either government of Guam fundsthrough tax abatements, rebates, loans, loanguarantees or bond financing or by Federal fundsadministered by the government of Guam.

(e) Public Area: That part of a public building orfacility to which the public is generally admittedduring certain hours of the day. Public area does notinclude any office space, shop space, warehouse spaceor similar space to which the public generally has noaccess.

(f) Local Artist: Artists who are residents of Guam.

(g) Contracting Agency: The owner of the buildingidentified including either governmental and non-governmental.

§6104. How It Works. (a) Plans for publicbuildings and buildings supported by government ofGuam funds which contain public areas and plans forremodeling or renovation of public buildings orfacilities where the total cost of construction,remodeling or renovation exceeds the sum of OneHundred Thousand Dollars ($100,000) shall containprovisions for the inclusion of works of art, by localartists if available, including, but not limited tosculptures, paintings, mural or objects relating to orconsisting of indigenous art.

(b) Before issuance of the occupancy permit forsuch construction, remodeling or reconstruction theowner of the building must obtain clearance from theDepartment of Public Works and the Guam Council ofthe Arts and Humanities Agency (GCAHA) that theprovisions of this Chapter are being complied with.

(c) At least one percent (1%) of the overallconstruction, remodeling or renovation cost of abuilding described in subsection (a) of this sectionshall be reserved for the design, construction,mounting, maintenance and replacement, andadministration of works of art by CAHA in the publicarea of such a building. The Directors of the GuamCouncil on the Arts and Humanities Agency and the

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Department of Public Works will ensure that noconstruction, remodeling or renovating of a publicbuilding or building supported by government ofGuam funds shall be granted an occupancy permitwithout this Chapter being complied with.

(d) Buildings with an overall construction cost ofless than One Hundred Thousand Dollars ($100,000)are exempted from the requirements of the Chapterunless inclusion of works of art in their design andconstruction is specifically authorized by the owner.

(e) The artist who creates these works of art shallbe selected as provided in subsection (0 of this section.

(f) The Director of GCAHA shall develop rulesand regulations, pursuant to the AdministrativeAdjudication Law, for the selection of works of artunder this Chapter, and shall open competition forawarding any contract under this Chapter by

(1) Soliciting art work samples from local artistsby a project announcement published no less thanthree (3) times in a local publication of generalcirculation.

(2) Appointing a selection committee consisting offive (5) members to review all proposals and report tothe Director the results of its deliberations regardingthe proposed art contract. Such Committee shallinclude a representative of the building's owner or ofthe agency or department involved, the projectarchitect, the municipal mayor from the project site,and at least two (2) practicing artists from Guam. Thefinal decision regarding the use of art work and theselection Committee's recommendations shall be bythe Director of GCAHA, who shall be the contractingofficer for any art contract executed pursuant to thisChapter.

§6105. Selection Committee. The SelectionCommittee shall determine the scope, direction, andparticular needs of each project. The SelectionCommittee shall include:

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(a) A representative of the building's owner or ofthe agency or department involved

(b) The project architect

(c) The Municipal Mayor from the project site.

(d) At least two (2) practicing artists from Guam

Voting: Each member of the selection committeewill have one vote. The majority vote shall determineselection.

§6106. Selection Procedure. The SelectionCommittee shall tour the site of the project anddesignate the various areas where art work is to beplaced. The Selection Committee shall then considerthe particular needs of the project including thebudget, appropriate art forms, and the location andmedium of the art form.

(a) Selection Method. Open Competition: TheSelection Committee shall solicit art work samplesfrom artists by a project announcement published noless than three (3) times in a local publication ofgeneral circulation.

The selection process may be in two stageswhereby a limited number of finalists, selected fromthe competition will be asked to submit more detailedproposals. Each of the finalists will be paid aprofessional design fee.

(b) Criteria for Selection

(1) Style and Nature: Works of art thatcompliment the environment where the art work is tobe displayed. The size of the art work must also becompatible to the size of the location designated.

(2) Quality: The quality of the art work is the mostimportant criterion for selection.

(3) Media: All visual art forms will be consideredalong with objects relating to or consisting ofindigenous art. The art work can be either portable or

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permanently fixed. If the art work is to bepermanently placed the Selection Committee willdecide if the location identified is structurally capableof maintaining the art work in terms of relativemaintenance or repair costs.

(4) Acquiring of art work: Existing works of art orworks of art specifically commissioned are eligible.

(5) Permanence: Due consideration will be givento structural and surface soundness and topermanence in terms of relative excessive maintenanceor repair costs.

§6107. Budget. (a) Identification of funds: TheSelection Committee shall meet and identify the fundsavailable for the project and how these funds will bedispersed as specified in P.L. 20-27 section 322subsection c. Any funds unexpended for the purposesof maintenance, replacement and administration of artwork shall be deposited into a special account forfuture use. Any expenditures made from this accountmust be approved by the Selection Committee andGCAHA.

§6108. Use of Funds. (a) Funds Identified may beused for:

(1) For the purchase of existing art work selectedor commissioned by the Selection Committee.

(2) Design: Artist's professional design fee.

(3) Construction: The actual work and materialsput into the creation of the art work.

(4) Mounting: Expenses for the purposes ofaffixing the art work onto the location specified.

(5) Maintenance: Expenses incurred towards themechanical maintenance of the art work for up to oneyear after installation.

(6) Replacement: Art work that are to be replaceddue to irreparable damage.

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(6) Administration: Expenses to cover anyadministrative costs incurred by the SelectionCommittee or GCAHA in the selection of art work.These costs include but are not limited to hiring ofcontractual staff, advertisements, supplies andprofessional services. At least one percent (1%) of theidentified funds will be awarded to the Guam Councilon the Arts and Humanities Agency for the purposesof contracting administrative staff to coordinate andmaintain the program.

(7) Plaques and Labels identifying the art work.

(8) Frames, mats or pedestals necessary for thepresentation of the art work.

(9) Waterworks and electrical and mechanicaldevices, equipment and site work which are integralparts of the work of art.

(10) Reproductions of up to 50 high qualitylimited edition prints, numbered and signed by theartist. Exclusively used for exhibition purposes andwill not be for sale. (Subject to approval by theSelection Committee)

(b) Funds Identified may not be used for:

(1) Reproductions, by mechanical or other means,of original works of art, unless mechanical means ofreproductions are an integral part of the creativeprocess. (Subject to approval by the SelectionCommittee as mentioned on section (11) on Use OfFund: Funds Identified May be Used For).

(2) Decorative, ornamental, or functional elementswhich are designed by the building architect orconsultants engaged by the architect, as opposed to anartist commissioned for this purpose.

(3) Decorative, ornamental, or functional elementswhich are designed by the building architect orconsultants engaged by the architect, as opposed to anartist commissioned for this purpose.

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(4) Art objects which are mass produced or of astandard commercial design, such as playgroundsculpture or fountains.

(5) Directional, or other functional elements, suchas supergraphics, signage, color coding, maps, etc.,except where these elements are an integral part of theoriginal work of art.

(6) Those items which are required to fulfill thebasic purpose of the contracting agency. Exampleswould be works of art in the collection of a statemuseum, or works of art fulfilling an interpretive oreducational role in a college or university art museumor gallery.

(7) Preparation of the site necessary to receive thework of art.

(8) Energy and water costs for operation ofelectrical and mechanical systems.

(9) Art exhibitions and educational activities.

(10) In connection with the works of art afterdelivery: registration, dedication, unveiling, insuranceand security.

(11) Architectural services.

(12) Artistic staff salaries, equipment and suppliesemployed by the building owner.

§6109. Responsibilities. (a) Guam Council on theArts and Humanities Agency in consultation with thevarious Government agencies and departmentsneeded to comply with the law and the buildingowner shall:

(1) Be responsible for the selection of thecommissioning of artist for, reviewing the design,execution and placement of, and acceptance, of worksart in consultation with the selection committee.

(2) Appoint the selection committee.

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(3) Assist the contracting agency in contractnegotiations with the artists.

(4) In consultation with the contracting agency,may transfer works of art between public buildingswhenever, in its judgement, the transfer will be to thebenefit of the citizens of Guam. This section onlypertains to Government agencies and departments.

(5) Handle public information aspects of theproject. Although all expenses incurred will be theresponsibility of the contracting agency.

(6) Identify and carry out necessary maintenanceprocedures(for up to one year after installation), andmaintain accurate records of the collection inpartnership with the contracting agency.

(b) The Contracting Agency shall:

(1) Notify the Guam Council on the Arts andHumanities Agency upon Legislative approval ofconstruction/renovation projects which costs over$100,000. If the contracting agency is nongovernmental with construction/renovation projectcosts over $100,000, the contracting agency is thisinstance must notify GCAHA upon approval ofsupport by either government of Guam funds throughtax abatements, rebates, loans, loan guarantees orbond financing or by Federal funds administered bythe government of Guam.

(2) Notify the Guam Council on the Arts andHumanities Agency of the project details.

(3) Consult with GCAHA and the selectioncommittee on the determination of budget andselection procedures.

(4) Contract with and pay for the architect foradministrative and/or design services to be renderedin connection with the commissioning of works of art.

(5) See that payment is made for all costs,professional fees, purchases and commissions in

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accordance with the Guam Law, these rules andGCAHA standards.

(6) Provide project coordination to assuretimeliness of completion..

(7) Be responsible for inventory and security ofthe work; and with advice and consent of the GuamCouncil on the Arts and Humanities Agency formaintenance and repair.

(8) Assist GCAHA with public informationaspects of the project, with assistance and approvalfrom GCAHA.

(9) The Guam Council on the Arts andHumanities Agency and the Selection Committeemust be informed of any changes in the proposedplans, costs, construction completion date or scope ofthe project before these changes are implemented.

(c) The Architect shall:

(1) Recommend to the Guam Council on the Artsand Humanities Agency and the contracting agencyspecific sites for works of art and the scale and type ofwork thought to be most appropriate.

(2) Act as a member of the selection committee.

(3) Work closely with the artist where required,provide engineering and technical assistance to theartist if requested from the contracting agency.

(4) Assure that all service requirements for thework of art are met in the design documents and thatthe work may be installed with relative ease.

(d) The Artist shall:

(1) Be commissioned by the contracting agency(Defined as both governmental and privatedevelopments) with the approval of the Director of theGuam Council on the Arts and Humanities Agency toexecute and complete the work in a timely andprofessional manner. Be in close contact with the

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contracting agency before and during installation, andtransfer title of an existing work of art to the agencyfor incorporation in its building inventory.

(2) Deal personally with the other parties in allphases of the negotiations. However, the artist(s) may,at their option designate their dealers or agents torepresent them in certain aspects of the project.

(3) Deal personally with the other parties in allphases of the negotiations. However, the artist(s) may,at their option designate their dealers or agents torepresent them in certain aspects of the project.

(4) Upon completion of the work(s) commissionedor purchased, the artist shall submit to the GuamCouncil on the Arts and Humanities Agency a detaileddescription of the work(s) with instructions on its careand maintenance, two 35mm slides, and two 8 X 10glossy photos. The description form shall be submittedconcurrently with the final invoice.

(6) All plans, drawings, and other materialsrelated to a proposed work of art are the property ofthe Guam Council on the Arts and HumanitiesAgency until the final work is installed, at which timesuch preparatory materials revert to the artist..

§6111. Scope and Nature of Expenditures. Whileno more than 1% can be dedicated from capitalconstruction appropriations, it is possible that a dollartotal greater than 1% can be expended for art in aproject if funds are generated from other sources(i.e.,governmental or private funds). The 1% figure is aminimum.

If 1% of total funds appropriated for a particularproject is not required for that project, suchunrequired amounts can be: a) used to acquire art forexisting government buildings; b) transferred toanother construction project, or both, as determinedby the Guam Council on the Arts and HumanitiesAgency, in consultation with the contracting agency. Ifthe contracting agency is a non public building thecontracting agency may use these funds to purchaseart pieces that will be donated to the people of the

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territory of Guam, these funds can also be used tofund art related projects, although these expendituresmust be approved by the Guam Council on the Artsand Humanities Agency.

Administrative costs of any particular project maybe funded through the 1% appropriation and will belimited to the following area:

(1) Supplies and services connected with publicinformation, and artists' prospecti for specific projects.

(2) Selection committee per diem, and artistprofessional fees.

(3) Contractual Services.

§6112. General Principles and Procedures.Integration of Art and Architecture: So that artists andarchitects can gain from each others' design insightsand, thereby, produce a more integrated solution, allparties should strive for engagement of the artist assoon as possible after the approval of the architect'sschematic design phase.

Freedom of Expression: Because of the boldattempt to meld together the imaginations and talentsof so many individuals and groups, freedom to reachcreative solutions must always be maintained. Theartists, on their part, must be sensitive to the uniquequalities of public art and the guidelines andparameters which, of necessity, may have been agreedupon.

Exhibitions and Educational Aspects: To serve thepublic more fully the contracting agencies shouldconsider undertaking the following, funded withmonies other than those made available under the Act:

(1) Exhibition of sketches and maquettes createdin open competitions.

(2) Involvement of students and art instructors inworkshops with artists creating works.

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(3) Tours of those sites which exhibit many works,conducted by trained docents.

(4) Use of State educational and other facilities bythe artist in developing concepts and creating thework, so that the people of the territory of Guam canbetter understand the creative process. Such facilitiesmight include studio space, foundries, machine,welding, and woodworking shops, printing andphotographic facilities..

(5) Filming or videotaping the creation andinstallation of the work.

The Guam Council on the Arts and HumanitiesAgency is available to provide consultative assistancewith these matters.

Accessibility of Information: All parties willstrive to publicize widely all aspects of the program.All meetings of the Selection Committee are open tothe public.

Community Support and advice: While firmlycommitted to the principle of selection of artists by theSelection Committee, the Selection Committeewelcomes advice from the interested public.

Conflict of Interest: All procedures will beconducted and all decisions will be made free of anyconflict of interest. The Guam Council on the Arts andHumanities Agency will insure hat members of theSelection Committee and the Contracting Agency arenot related in any way to the artists submittingportfolios either through kin and/or businessrelations..

Dedication: If a dedication or "unveiling" of workis desired, arrangements shall be the responsibility ofthe contracting agency in consultation with the GuamCouncil on the Arts and Humanities Agency.

§6113. Documentation and Evaluation. (a)Documentation.

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(1) Identification: The Guam Council on the Artsand Humanities Agency will assist the contractingagency with identification which will include plaquesor labels identifying the work, which are securelyaffixed, unobtrusive, and well designed. includedshould be the name of the artist; title of work, if any;medium; and year completed.

(2) Registration: The contracting agency shouldmaintain accurate inventory records. Copies should befiled with the Guam Council on the Arts andHumanities Agency.

(3) Publications: As collections grow, contractingagencies are encouraged to publish informativefolders and booklets on works of art. The GuamCouncil on the Arts and Humanities Agency isavailable to assist with editorial and technicalassistance.

(b) Evaluation: The Guam Council on the Artsand Humanities Agency shall annually make a publicreport on the projects of the previous year and shallconduct periodic evaluations of the program.

§6114. In Conclusion. Guam's 1% Program isdedicated to placing visual art of the highest qualityby contemporary and traditional artists where thepeople of the Territory of Guam can appreciate. In sodoing, the Territory of Guam is building a significantart collection of historic value for it's people.