CITY OF BURLINGTON ~ PUBLIC ART POLICY. Vision

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1 CITY OF BURLINGTON ~ PUBLIC ART POLICY Visin Public art will cntribute t Burlingtn s unique and vibrant cmmunity identity by affirming a sense f place, strengthening cnnectins between peple and place, and celebrating the scial, histrical, cultural, and natural envirnment. Thrugh the creative visin f artists, public spaces will becme fcal pints fr dialgue and delight, attracting visitrs and residents, and creating a sense f civic pride. Burlingtn s Public Art Prgram will be realized thrugh prcesses that engage the cmmunity, fster neighburhd sustainability, and stimulate excellence in the built envirnment. Public art is a frce fr placemaking fr expressing and evking cnnectins amng peple and places that are meaningful t cmmunity and civic life. Individual artwrks may interpret the natural r human histry f a site. They may cnnect new develpment and ppulatins t histric buildings and lder cmmunities, r may serve neighburhds by expressing shared experiences and aspiratins. Public art may aim t give hard-edged urban infrastructure a sense f human cnnectin, r may inject a sense f play that makes passers-by smile invluntarily. In all instances, this is art with a scial purpse: artists emply their creativity, skills, aesthetic sense, and intuitive cnnectins t create places within cmmunity spaces. The Public Art Plicy incrprates a prcess fr the evaluatin and selectin f ptential artwrks in public spaces thrughut the City. The plicy is intended t prvide City f Burlingtn Cuncil, City staff and the cmmunity with a clear and cnsistent framewrk fr decisin-making and t ensure that a lasting legacy fr future generatins will be created thrugh a sustainable Public Art Prgram. City f Burlingtn Public Art Plicy: apprved by City Cuncil July 6, 2009 Page 1

2 PART 1 OBJECTIVE, GUIDING PRINICPLES, DEFINITIONS AND EXCLUSIONS 1.1 Objective The Public Art Plicy guides the develpment and implementatin f the Public Art Master Plan and Prgram. The plicy is intended t prvide Cuncil, staff, the arts and general cmmunity with a mechanism thrugh which the City f Burlingtn assesses and acquires pieces f Public Art fr municipally wned public spaces thrugh purchase, cmmissin r dnatin. The City f Burlingtn r its designate will; manage cultural resurces in a way that cntributes t increased cultural vibrancy and diversity in the cmmunity; increase the amunt f publicly visible art thrughut the City; manage a City-wide Public Art Prgram that will make art mre visible thrughut the City and encurage public engagement. 1.2 Guiding Principles cntext f scial purpse; enhancing scial cnnectins; cntributing t health f cmmunity accessibility, thrugh: - placement in public space - cntent - cmmunity knwledge and experience as cntext fr creatin cmmitment t artistic merit thrugh qualified adjudicatin and selectin cmmunity engagement thrugh a prcess that elicits public input early, and stimulates an artistic prcess that reflects and interprets peple s experience and aspiratins artistic cntent that addresses Burlingtn s cntext f landscape, histry, and cultures integratin int City fabric thrugh functinal pieces and integratin int infrastructure, as well as independent site-specific artwrks City f Burlingtn Public Art Plicy: apprved by City Cuncil July 6, 2009 Page 2

3 diversity, thrugh: - artists (emerging and established) - selectin cmmittee members - media, scale and style f artwrk - traditinal media and experimental frms balance f majr wrks which serve as City landmarks and cmmunity-riented wrks distributin acrss the City lng-term care f public art wrks 1.3 Definitins Public Art: an riginal wrk f art in a publicly accessible lcatin created with the intentin f reflecting and/r engaging the cmmunity wrks may be permanent, temprary r mbile Public Art is lcated in Public space and can take a variety f frms and media; it may have functinal as well as aesthetic qualities; it may be integrated int its site, r it may be a discrete piece. Artist: A persn wh is critically recgnized as an artist, pssesses skill, training and/r experience in his r her artistic discipline; is active in and cmmitted t his r her art practice, has a histry f public presentatin; and wh is nt exempted by the Cnflict f Interest prvisin included in this Plicy. Public Spaces: Municipally wned areas available and frequently used by the public and can include, but is nt limited t, parks, pen space, trail systems, waterways, rad allwances, tunnels, bulevards, streets, curtyards, squares, bridges, building exterirs, fyers, and publicly accessible interir areas. City f Burlingtn Public Art Plicy: apprved by City Cuncil July 6, 2009 Page 3

4 1.4 Exclusins Public Art Inventry: Original art created fr, r lcated in, public space including; permanent, temprary r mbile wrks acquired by the City f Burlingtn. The Public Art Inventry may include; sculptures; murals; memrials r mnuments funtains r water features that cntribute aesthetically t their surrundings (i.e. nt spray pads); hard and sft landscaping cmpnents; which are nt a mere extensin f the landscape architecture and; special engineering r architectural features f existing capital prjects that cntribute aesthetically t their surrundings. External Bdy: A bdy that is external t the wrkings f the Crpratin f The City f Burlingtn. De-accessining: The prcess f permanently remving a piece f art frm the City s Public Art Inventry. This plicy des nt include the fllwing; art n private lands; directinal elements such as signage, except where these elements are integral parts f the riginal wrk f art r public art prject; landscape architecture and landscape gardening except where these elements are an integral part f the riginal wrks f arts, r are the result f cllabratin amng design prfessinals including at the least ne artist; easily mveable art wrks such as paintings, drawings, mdels and bks. City f Burlingtn Public Art Plicy: apprved by City Cuncil July 6, 2009 Page 4

5 PART 2: ACQUISITION, PURCHASE, COMMISSION, DONATION AND LOAN The City f Burlingtn thrugh its Public Art Plicy will create an atmsphere that encurages and supprts the develpment f Public Art thrughut the City. The City f Burlingtn may delegate sme r all respnsibility fr the administratin f Public Art wrks fr the City f Burlingtn t an external bdy. This may include site selectin, acquisitin, de-accessining, maintenance and restratin f public art, as well as fund develpment. 2.1 Acquisitin: The City r its designate may acquire wrks f art fr the City f Burlingtn s public art inventry thrugh: Purchasing an existing piece f art r cmmissining a piece f art thrugh a cmpetitin r prpsal call Accepting a dnatin f an existing piece f art, where the wnership is transferred t the City frm an individual, rganizatin, grup, crpratin, r ther municipality Each piece f art that is being cnsidered fr acquisitin r dnatin t the City s Public Art Inventry will be evaluated accrding t the fllwing criteria: Relevance t the Public Art Plicy Relevance t the City f Burlingtn s natural r built envirnment, cultural heritage, and/r histry Quality f the piece f art Suitability f the artwrk fr display in a public space Authenticity f the artwrk Cnditin f the artwrk City s ability t maintain and cnserve the artwrk Ethical and legal cnsideratins regarding wnership City f Burlingtn Public Art Plicy: apprved by City Cuncil July 6, 2009 Page 5

6 2.2 Purchase r Cmmissin: The City r its designate may elect t purchase wrks f art, which wuld becme a part f the City s Public Art Inventry. Public Art may be purchased, r artists may be cmmissined t prduce artwrks fr purchase. In all cases, purchase r cmmissining will invlve a fair and transparent prcess, at which time it will be determined whether an Expressin f Interest r a Request fr Prpsal will be issued, depending n the nature f the artwrk. The criteria fr selectin will be available t all participants prir t the cmmencement f the acquisitin. 2.3 Dnatin: All dnatins f existing artwrks cnsidered fr the Public Art Inventry will be subject t a juried prcess. All dnatins will have an accmpanied maintenance plan, prvided by the dnr, in accrdance with the maintenance plicy and t the satisfactin f the City r its designate. All dnatins must be unencumbered. N wrk f art will be accepted if the dnr requires the City t lcate the wrk f art in a specific lcatin in perpetuity. The dnr is respnsible fr meeting Gvernment f Canada criteria t receive a tax credit fr the wrk f art. Dnated Public Art wrks will nrmally include a funding dnatin fr the maintenance and cnservatin/restratin f the wrk being dnated, the amunt f which will be negtiated as part f an acceptance agreement. 2.4 Lan: The City may secure n a temprary basis wrks f public art fr display in public spaces (e.g. City Hall), which are nt wned by the City. All artwrks t be displayed in public spaces will be evaluated against the fllwing criteria: Relevance t the Public Art Plicy Quality f the piece f artwrk Suitability f the artwrk fr display in a public space Cnditin f the artwrk City s ability t safely display and cnserve the wrk Expsure prvided fr Burlingtn artists Prmtin f Burlingtn s cultural heritage Degree f fit with existing mandates r prgrams in public exhibitin spaces In the event that unslicited wrks f art are fund in public spaces, the City, at its discretin, may require these wrks t be remved, at the wner s expense. Ownership f Public Art wrks laned fr a defined perid f time will remain with the wner. City f Burlingtn Public Art Plicy: apprved by City Cuncil July 6, 2009 Page 6

7 PART 3: SITE SELECTION, INSTALLATION, MAINTENANCE, STORAGE AND INSURANCE 3.1 Site Selectin: The City f Burlingtn r its designate will crdinate the site selectin f apprpriate lcatins fr the installatin f public art n municipally wned public space. Identificatin thrugh a Public Art Master Plan will allw fr the strategic placement f public art in Burlingtn. 3.2 Installatin: The Artist(s) is generally respnsible fr the installatin f all wrks f art that the Crpratin has acquired. All cntractual requirements with the Artist(s) will be verseen by the City; and are identified, in advance, thrugh the agreement f purchase, cmmissin, dnatin r rental cntract. All acquired wrks will be cnditin reprted upn receipt, and any prblems fund will be referred t the artist/lender fr reslutin. 3.3 Maintenance: It is the respnsibility f the City f Burlingtn t maintain all permanent wrks f art within the Public Art Inventry, in accrdance with the apprved maintenance plan and/r cnservatin plan required fr each piece. Develpment f the maintenance plan and/r cnservatin plan is the respnsibility f the artist and must be submitted with the prpsal at the time it is being reviewed and cnsidered thrugh the Public Art Prgram. The plans will include, but nt be limited t, a maintenance dssier, shp drawings, manufacturers lists, key cntacts including the artist, maintenance and/r cnservatin specificatins and budgets. The City will be respnsible fr the care and maintenance f the artwrk, in accrdance with the apprved maintenance plan. City staff r its designate will mnitr the existing inventry fr maintenance requirements. The apprpriate City department will undertake an inspectin f the artwrk accrding t a pre-determined schedule. The City may chse t retain a qualified prfessinal t undertake the inspectin, if deemed necessary. 3.4 Strage: The City will ensure apprpriate shrt-term and lng-term strage, as needed, fr all wrks within its Public Art Inventry. This des nt include new wrks being created by an artist. 3.5 Insurance: All permanent, temprary r mbile public art wrks wned by the City thrugh purchase, cmmissin and/r dnatin are the prperty f the City and are insured under the City s Insurance Plicy. City f Burlingtn Public Art Plicy: apprved by City Cuncil July 6, 2009 Page 7

8 PART 4: AGREEMENTS AND DE-ACCESSIONING 4.1 Agreements: The Artist will enter int a written agreement with the City f Burlingtn fllwing the apprval f the acquisitin f the Public Artwrk. This agreement will address the artist s bligatins, which will include, but nt be limited t: 4.2 De-accessining: Materials Timelines Installatin Maintenance and/r Cnservatin plans Warranty Cpyright Payments t sub-cntractrs The de-accessining f Public Art will nly ccur after a cmprehensive assessment is undertaken by the City f Burlingtn r its designate. Public Art wrk may be de-accessined under any f the fllwing situatins: The Public Art is deterirating and restratin is nt a feasible slutin The Public Art is n lnger relevant t the City s Public Art Inventry The Public Art is discvered t have been stlen, r was ffered t the City fr acquisitin using fraudulent means. The City f Burlingtn and its designate will be respnsible fr preparing a reprt prviding the justificatin fr recmmending de-accessining and the methd f dispsal. In the event f accidental lss, theft r vandalism, the City retains the right t determine whether replacement r de-accessining f the artwrk is apprpriate. The de-accessined art may be mved, sld, returned t the artist r destryed, with any mnies receive thrugh the sale f the wrk(s) being place in the Public Art Reserve Fund fr new acquisitins. City f Burlingtn Public Art Plicy: apprved by City Cuncil July 6, 2009 Page 8

9 PART 5: CONFLICT OF INTEREST 5.1 Cnflict f Interest: Staff f the City f Burlingtn, members f Cuncil, any directly related citizen cmmittee, staff, bard and members f related cmmittees f any external designate, and members f the Jury Selectin Panel shall declare a cnflict f interest and remve themselves in all cases frm a juried selectin prcess where a prject cmes befre the cmmittee in which he r she is invlved either directly r indirectly. PART 6: COMMUNITY ENGAGEMENT AND AWARENESS 6.1 Cmmunity Engagement: The City f Burlingtn r its designate will be respnsible fr ensuring that the cmmunity has the pprtunity t engage with public art thrugh: prviding pprtunities fr cmmunity input and invlvement including cmmunity art prjects led by prfessinal artists when apprpriate expanding the level f knwledge f the City s Public Art Inventry in the cmmunity 6.2 Cmmunity Awareness: The City f Burlingtn r its designate will be respnsible fr ensuring that the cmmunity is aware f any public art cmpnents in assciatin with buildings r any installatins r deaccessining in utdr public spaces (e.g. parks and pen spaces) as part f the City s nrmal business practices. When apprpriate fficial unveilings will be undertaken in rder t allw all citizens f Burlingtn t take part in celebrating new additins t ur Public Art Inventry. City f Burlingtn Public Art Plicy: apprved by City Cuncil July 6, 2009 Page 9

10 PART 7: ENCOURAGING PUBLIC ART 7.1 Encuraging Public Art The City f Burlingtn will: encurage the inclusin f public art n prperties under the jurisdictin f the city, its agencies and bards. Cuncil may require a public art cmpnent in specific types f municipal capital prjects. encurage the inclusin f public art in all significant private sectr develpment acrss the City, using applicable planning tls and prcesses. Private sectr develpers will be encuraged t fllw the best practices established by the City fr the acquisitin and selectin f public art. The City will prvide assistance in the applicatin f these practices. City f Burlingtn Public Art Plicy: apprved by City Cuncil July 6, 2009 Page 10