Art in Public Spaces Policy. City of Burlington

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1 City of Burlington The incorporates a community-based process for the evaluation and selection of potential artworks in public spaces throughout the City. The policy is intended to provide Council, staff and the arts community with a clear and consistent framework for decision-making. This policy does not include art on private lands. There are many benefits that the implementation of a city-wide Art in Public Spaces Policy will bring to the citizens of Burlington over time: Civic pride and identity will be enhanced by the visibility of a rich inventory of public art that is available to all, and unique to Burlington. Burlington will demonstrate a clear belief in the importance of culture, heritage and creativity in the lives of individuals and communities. Enhanced tourism and economic development partnerships and opportunities will be created that can benefit the whole community. Burlington s cultural community will be strengthened through increased opportunities for recognition and partnerships. The shared experience of viewing public art will lead to increased opportunities for dialogue amongst Burlington residents about their community and the issues that affect it. Individual sites within Burlington will be enhanced through installations of public art. Decisions about the placement of public art projects within the community will be made within a clear, consistent and fair decision-making framework, as articulated in the policy, with established mechanisms for community input and involvement. A lasting legacy for future generations will be created through a sustainable installation and maintenance program for public art. PART 1: POLICY FRAMEWORK 1.1 Policy Statement: The City of Burlington believes that Art in Public Spaces, throughout the community, will bring many benefits for residents and visitors of all ages, within our urban and rural parks, civic squares, gateways, open spaces and along our trails, bikeways and waterfront. City of Burlington 1

2 1.2 Goals: To enhance civic pride and identity To demonstrate a clear belief in the importance of culture, heritage and creativity in the lives of individuals and communities To enhance tourism and economic development partnerships and opportunities To enhance the City s public spaces for residents and visitors To support the local cultural community To encourage dialogue amongst residents about their community and the issues that affect it To ensure that decisions about public art projects are fair and consistent To engage the community in decisions about public art projects To create a lasting legacy for future generations through a sustainable program for the installation and maintenance of public art. 1.3 Objectives: To increase the number of public art projects that are undertaken in Burlington To incorporate a range of artistic expressions into public spaces in a manner that is accessible to the public, integrated into the environment, and compatible with the adjacent properties To increase the number of sites that are perceived to be appropriate for public art installations To build a unique art collection for the City of Burlington To ensure public access to the City s art collection To work with community partners to ensure the safekeeping of the City s art collection To explore opportunities for economic and tourism development through the promotion of art in public spaces To increase opportunities for local artists to display their work To increase public awareness and appreciation of the visual arts through community partnerships and program development with other art service providers To ensure that each permanent piece of art is stored and presented to the public in a manner that responds to its individual requirements for care and conservation so that it is preserved for the enjoyment of future generations. PART 2: DEFINITIONS 2.1 Public Art: Any permanent or portable creative works in any discipline, not necessarily those of professional artists, placed or incorporated in public spaces, which may include, but are not limited to: Paintings, drawings, prints (both original and reproduction), photographs and other two-dimensional artworks Sculpture free standing, wall supported or suspended, kinetic, static, electronic- in any material or combination of materials Installation multimedia displays that don t adhere to traditional genres of artmaking City of Burlington 2

3 Mural in any material or variety of materials Earthworks Fiber works, neon, glass, mosaics Structural features contracted to an artist or artists for unique or limited editions Tableaux, vignettes or creative displays that interpret the heritage of a building, feature or site. Temporary art that does not leave a lasting record of its creation (i.e. ice sculpture or impromptu performance) is not subject to this Policy. 2.2 Public Spaces: Public spaces means the space that is available and frequently used by the public within the public domain and can include, but is not limited to, parks, boulevards, trail systems, open space, waterways, exterior and interior public areas associated with city-owned buildings and civic squares. 2.3 Public Art Citizen Advisory Committee: A volunteer Citizen Committee that reviews and recommends to Council, through the Director of Parks and Recreation, acquisitions, proposals, projects and deaccessioning related to public art in the City. This Committee also assists in promoting awareness and the benefits of art in public spaces. 2.4 Deaccessioning: The process of permanently removing a piece of art from the City s Art Collection. PART 3: POLICY ADMINISTRATION ROLES AND RESPONSIBILITIES The City will develop and implement the Art in Public Spaces policy, and will create an atmosphere that encourages and supports the development of art in public spaces throughout the City. 3.1 Role of City Council: Acts as an ambassador for the promotion of art in public spaces in the City Approves the Approves any changes to the, if warranted May appoint one Councillor to sit on the Public Art Citizen Advisory Committee Approves any additions or deletions to the City s permanent art collection Approves the annual art in public spaces budget Approves any city-initiated fundraising plan associated with a piece of public art Approves the naming of art in public spaces in accordance with the City s Naming and Sponsorship Policy, where appropriate 3.2 Role of the Public Art Citizen Advisory Committee: The Public Art Citizen Advisory Committee will report to City Council through the Director of Parks and Recreation. City of Burlington 3

4 Mandate: To promote awareness and understanding of the benefits of art in public spaces To provide guidance and advice to City staff, Council, and other community sponsors on the type and location of public art on City owned land To assist in the selection process of the City s art collection and make recommendations for commissions and competitions (open and by invitation) for public art using the evaluation criteria outlined in this policy To recommend any changes and/or additions to the evaluation criteria for selection of public art projects, as required To work with City staff to identify potential sites and projects for future public art installations To ensure that all recommended art is compatible with the project and adjacent properties To review and select exhibition proposals Membership: The Public Art Citizen Advisory Committee should have a broad membership that represents a variety of art related disciplines. Membership eligibility and recruitment will be in keeping with the corporations approved policies and procedures. The following is the membership composition: 1 appointed City of Burlington member of Council 1 representative from the Burlington Art Centre 1 Architect, Landscape Architect or Urban Designer 1 representative from the business community 1 representative from the Heritage Umbrella Group (HUG) 1 representative from the Halton Multi-Cultural Committee 2 artists from the community 2 members of the public at large representing different geographic areas 1 educator with experience in art and culture 3.3 Role of Parks and Recreation Staff Resource: A Parks and Recreation staff member will be assigned to the Public Art Citizen Advisory Committee as a resource person to this group. This staff member s role will include, but not be limited to, the following: Assist the Public Art Citizen Advisory Committee, as required, in the area of policy, research, community development, work planning, communications, developing a recognition program and budget preparation Co-ordinate the conservation of the City s art collection Foster innovative partnerships with the public, the arts and business sectors, educators and all levels of government in order to realize the policy objectives Assist the City by liaising with potential donors and encouraging joint purchase, rental or loaning ventures, wherever possible Recommend to City Council an annual budget through the budget process Make recommendations for allocation of funds for art purchases and maintenance as a component of the City s annual budget City of Burlington 4

5 Investigate Federal, Provincial, or other sources of funding to promote art in public spaces in Burlington Establish and manage exhibition schedules Attend the Public Art Citizen Advisory Committee meetings Ensure that City policies are being maintained, in particular, the Fundraising and Donation Policy and Naming Policy 3.4 Conflict of Interest Guidelines: During their term on the Committee, Committee members (or immediate members of their families) cannot be considered for, or participate as competitors or be commissioned for any project monitored by the Committee. The City of Burlington s confidentiality and conflict of interest guidelines will apply to all Committee members. PART 4: POLICIES 4.1 Acquisition of Artwork to the City s Permanent Art Collection: The City may acquire works of art for the permanent collection through: Purchasing a finished work of art or commissioning a work of art through a competition or proposal call Accepting a donation of a work of art, where the ownership is transferred to the City from an individual, organization, group, corporation, or other municipality Each piece of art that is being considered for acquisition to the City s permanent collection will be evaluated according to the following criteria: Relevance to the Relevance to the Permanent Collection Relevance to the City of Burlington s natural or built environment, cultural heritage, and/or history Quality of the work Suitability of the work for display in a public space Authenticity of the work Condition of the work City s ability to maintain and conserve the work Ethical and legal considerations regarding ownership Purchase or Commission: The City may elect to purchase works of art, which would become a part of the City s permanent collection. Artworks may be purchased, or artists may be commissioned to produce artworks for purchase. Council shall approve all purchases of works of art for the City s art collection, upon the recommendation of the Public Art Citizen Advisory Committee through the Director of Parks and Recreation. In some cases, the Public Art Citizen Advisory Committee may recommend that a competition to commission a work of art be held. For competitions, the Public Art Citizen Advisory Committee will determine whether the City will issue an Expression of City of Burlington 5

6 Interest or a Request for Proposal, depending on the nature of the artwork. The criteria for selection will be available to all participants prior to the commencement of the competition Donation: Council shall approve all donations for works of art to the City s permanent Public Art Collection, upon the recommendation of the Public Art Citizen Advisory Committee through the Director of Parks and Recreation. All donations will have an accompanied maintenance plan, provided by the donor, in accordance with the maintenance policy and to the satisfaction of the Public Art Citizen Advisory Committee. All donations must be unencumbered. No work of art will be accepted if the donor requires the City to locate the work of art in a specific location in perpetuity. The donor of the work of art must have legal title to the work. The donor is responsible for meeting the Revenue Canada criteria to receive a tax credit for the work of art. This process will not occur without Council s approval Outgoing Loans: The City may loan portable works of art from its public art collection for short or longer term durations to community agencies, organizations or businesses as a means of fostering awareness, education and appreciation for art. Ownership remains with the City. In all cases, the loan recipient will be responsible for the insurance and safekeeping of works of art from the City s art collection while such works are in their custody. 4.2 Display of Artwork not owned by the City: The City may secure on a temporary basis works of art for display in public spaces (e.g. City Hall) through: Rentals Incoming loans All artworks to be displayed in public spaces will be evaluated against the following criteria: Relevance to the Quality of the artwork Suitability of the work for display in a public space Condition of the artwork City s ability to safely display and conserve the work Exposure provided for Burlington artists Promotion of Burlington s cultural heritage Degree of fit with existing mandates or programs in public exhibition spaces. In the event that unsolicited works of art are found in public spaces, the City, at its discretion, may require these works to be removed, at the owner s expense Rental: The City may rent art for a defined period of time. Ownership of the art will remain with the renter. City of Burlington 6

7 4.2.2 Incoming loans: The City may borrow artwork for a defined period of time. Ownership of the art will remain with the lender. 4.3 Installation: The City is generally responsible for the installation of all works of art that the Corporation has acquired or borrowed. In some circumstances, the artist may be asked to participate in the installation, or a professional installer may be contracted by the City. This would be identified, in advance, through the agreement of purchase, commission, donation or rental contract. All acquired works will be condition reported upon receipt, and any problems found will be referred to the artist/lender for resolution. 4.4 Maintenance: It is the responsibility of the City of Burlington to maintain all permanent works of art within the collection, in accordance with the approved maintenance plan and/or conservation plan required for each artwork. Development of the maintenance plan and/or conservation plan is the responsibility of the artist and must be submitted with the proposal at the time it is being reviewed and considered by the Public Art Citizen Advisory Committee. The plans will include, but not be limited to, a maintenance dossier, shop drawings, manufacturers lists, key contacts including the artist, maintenance and/or conservation specifications and budgets. The City will be responsible for the care and maintenance of the artwork, in accordance with the approved maintenance plan. The Parks and Recreation staff resource person will monitor the maintenance plan, in consultation with Roads and Parks Maintenance and the Parks and Open Space Section of the Parks and Recreation Department. The appropriate City department will undertake an inspection of the artwork according to a predetermined schedule. The City may choose to retain a qualified art restorer to undertake the inspection, if deemed necessary. 4.5 Storage: The City will ensure appropriate short-term and long-term storage for all art works in its care. Whenever possible, existing community resources for the storage and management of the City s permanent collection will be accessed. 4.6 Deaccessioning: The deaccessioning of a piece of art will only occur after a comprehensive assessment is undertaken and reviewed by the Public Art Citizen Advisory Committee and relevant agencies and City staff, within the context of the goals and objectives of the policy. A work of art can be deaccessioned under any of the following situations: The artwork is deteriorating and restoration is not a feasible solution The artwork is no longer relevant to the City s Art Collection The artwork duplicates other permanent collection works or aspects of the collection City of Burlington 7

8 The artwork is discovered to have been stolen, or was offered to the City for acquisition using fraudulent means. The Public Art Citizen Advisory Committee is responsible for preparing a report providing the justification for recommending deaccessioning and the method of disposal. In the event of accidental loss, theft or vandalism, the City retains the right to determine whether replacement or deaccessioning of the artwork is appropriate. 5.0 Funding: Funding to support the will be provided at the discretion of Council through: the current budget deliberation process for ongoing operating funding (e.g. Public Art Citizen Advisory Committee operations, ongoing care and maintenance of the City s art collection); and the capital budget deliberation process for acquisition of art works. 6.0 Insurance: All permanent and portable artworks owned by the City through purchase, commission and/or donation are the property of the City and are insured under the City s Insurance Policy. All rental artworks within the care, custody and control of the City, will be included under the City s Insurance Policy. Art that is on exhibit in public spaces owned by the City will also be insured under the City s Insurance Policy (e.g. City Hall lobby) while on City property. The artist will submit to the City a complete list of the displayed artwork(s) that will include the title, dimensions, medium and appraised value of the artwork for insurance purposes. 7.0 Agreements: The artist will enter into a written agreement with the City following the approval of the acquisition of the artwork. This written agreement will address the artist s obligations, which will include, but not be limited to: Scope of work Materials Timelines Installation Maintenance and/or Conservation plans Warranty Copyright Payments to sub-contractors This agreement would also set out the City s (corporation) obligations that will include, but not be limited to: Payment Adhering to the approved maintenance and/or Conservation plans Insurance for the artwork Community notification City of Burlington 8

9 Artist recognition 8.0 Community Awareness: The staff resource person will be responsible for ensuring that the community is aware of any public art components in association with buildings or any installations or deaccessioning in outdoor public spaces (e.g. parks and open spaces) as part of the City s normal business practices. Public notification will appear in the local paper and on the City s website and where appropriate, in other communication venues. Official unveilings will be undertaken in consultation with the Public Art Citizen Advisory Committee and the City s Corporate Communications Section of the Clerk s Department. City of Burlington 9