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HomeMy WebLinkAboutCS 36-19Report to Executive Committee Report Number: CS 36-19 Date: November 4, 2019 From: Marisa Carpino Director, Community Services Subject: Public Art Policy - Council Endorsement - File: A-1440 Recommendation: 1. That Council approve the Public Art Policy as set out in Attachment 1, subject to minor revisions deemed acceptable to the Director, Community Services; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: Art in public spaces is a valuable asset that enhances a community’s social/cultural, built, heritage and natural environments. It also enhances quality of life for its citizens and visitors; and, strengthens community pride, tourism and economic growth. Through public art we beautify our environment; engage the community in creative place-making; and, celebrate our values, stories, culture, heritage, and diversity while defining our unique identity. To that end, City staff have developed the City’s first ever Public Art Policy, as per Attachment 1 of this report, in order to (a) establish standardized and transparent guidelines for public art including selection, acquisition, maintenance and de-accession; and, (b) a sustainable funding model for the procurement and management of public art. The Public Art Policy will serve to beautify the public realm and create a sense of place; support local artists and the arts community; and stimulate economic development and vitality. The Public Art Policy and supporting program will be implemented and administered by City of Pickering Community Services staff in collaboration with other City Departments, with the support of the Cultural Advisory Committee and a Public Art Committee as may be applicable. The purpose of this report is to seek Council’s endorsement of the City’s Public Art Policy. Financial Implications: As per Section 22 of the attached Public Art Policy, funding to support the Policy will be provided through the establishment of a Public Art Reserve Fund. The Public Art Reserve Fund will be used to cover the costs associated with the management of the Public Art Program which includes administration, promotion, purchase, maintenance, conservation, restoration, archiving, insurance, and deaccession of the Public Art Collection. CS 36-19 November 4, 2019 Subject: Public Art Policy Page 2 Starting in 2021, it is recommended that Council provide financial support in the amount of $100,000 to implement the Public Art Policy. In 2022, it is recommended that the financial support increase by $25,000 for a total of $125,000. The financial contribution should be increased by $25,000 every year until the funding model is reviewed. Funding for the Public Art Policy is to come from surplus casino revenues after taking into consideration the financial obligations of the Civic Centre project and operational capital reserves and reserve funds (vehicles, major equipment, facilities, roads and bridges and stormwater). Discussion: The City of Pickering is a vibrant and diverse community with a passion for multiculturalism, arts, heritage and the environment. As the City continues to grow and intensify, public art will play an integral role in creating an inviting and livable City. Consequently, the City of Pickering Official Plan acknowledges that the quality of the built environment can be enhanced by promoting the integration of art in public places. Similarly, the City Centre Urban Design Guidelines also encourages permanent and transitory/temporary artworks to promote a sense of identity for the City Centre. And, the Seaton Sustainable Placemaking Guidelines recognize that public art should be highly visible and serve as accents to the community by encouraging public art to be located at community core gateways. Unfortunately, the City of Pickering did not have a Public Art Policy that would set out staff’s role and responsibility to facilitate public art within the community. This resulted in a lack of focus and process for the consistent implementation of public art into the public realm – until now. In 2013, the City undertook a Cultural Strategic Planning Process with the support of a corporate staff team. The City of Pickering Cultural Strategic Plan (2014), which received Council endorsement as per Resolution #247/14, sets a vision for arts, culture and heritage in the City; and, identifies strategic directions for policy and programs. One of the Plan’s six strategic directions is to cultivate opportunities for the creation, education and enjoyment of the arts, by completing the following action items over the medium term (three to five years): developing and implementing a public art policy, program, and funding formula; establishing a Public Art Reserve Fund; and, use art to enhance public spaces, particularly within the City Centre. To that end, Community Services and City Development staff have worked together over the past several months to gather relevant information and data, review municipal best practices, consult stakeholders including the Cultural Advisory Committee and develop a Public Art Policy that is supported by a sustainable funding model. Since implementation will require a corporate approach, the attached Public Art Policy has also been reviewed and endorsed by the City’s Senior Management Team. Policy Procedure Title: Public Art Policy Policy Number X Reference Date Originated (m/d/y) May 23, 2019 Date Revised (m/d/y) Pages 21 Approval: Chief Administrative Officer Point of Contact Supervisor, Cultural Services Policy Objective The City of Pickering is a vibrant community, rich in diversity, heritage, environment and the arts. As the City continues to grow and intensify, public art will play an integral role in creating an inviting and livable City. This Policy establishes the framework for a sustainable Public Art Program that will deliver public art throughout the City that will: create attractiveness promote community identity reflect diversity and community landscape celebrate heritage create a sense of place and attract interest provide amusement, reflection and intrigue to a community, and be selected through an objective and professional public art selection process that has a commitment to artistic merit. The Public Art Policy and supporting Public Art Program will enhance the public realm, demonstrate the City’s support for the arts and culture sector, and provide economic benefits. Index 01 Definitions 02 Guiding Documents & Policy Context 03 Policy Statement 04 Purpose and Objectives 05 Administration 06 City Representation Attachment to Report No. CS 36-19 Policy Title: Public Art Policy Page 2 of 21 Policy Number: "Click to type Policy Number." 07 Selection Process 08 Acquisition 09 Selection Considerations 10 Site Selection 11 Collections Management 12 Maintenance & Conservation 13 Insurance 14 Storage 15 Agreements & Installation 16 Deaccession & Disposal 17 Copyright and Intellectual Property 18 Artist Remuneration 19 Community Engagement & Awareness 20 Pickering Public Art Interactive Map 21 Public Art Development by the Private Sector 22 Funding 01 Definitions 01.01 Accession – the act of recording and processing artwork to the City’s Public Art Collection. 01.02 Acquisition – obtaining ownership of public art through purchase, commission, donation, gift or bequest. 01.03 Archiving – the act of long-term storage and preservation of public art in a location owned by the City of Pickering. Archiving of public art may include storage and preservation of the original art piece, or a photographic/digital record of the original art piece. 01.04 Artist – the designer/creator of an artistic work and can include, but is not limited to, a professional artist, graphic designer, collaborative team, architect, or landscape designer. Policy Title: Public Art Policy Page 3 of 21 Policy Number: "Click to type Policy Number." 01.05 Borrowed – refers to an artistic work that is borrowed by the City, through a loan agreement, for a defined period of time from a lender who owns and retains ownership of the artistic work. 01.06 Call to Artists – a request for proposal that outlines the scope of the Public Art that the City wishes to acquire. The Call to Artists will outline aspects such as project theme, timeline, compensation, and location. 01.07 Commissioning – the act of requesting and paying an artist to design and create a specific piece of art. 01.08 Community Art – artistic work created collaboratively between an artist and an identified community. Community members actively participate in the creation of the artistic work. The artistic process is of equal importance to the artistic product. 01.09 Community-Based Public Art – created as a result of a collaborative process between community members; which may or may not include the use of a professional, practicing artist, engaged in a collective method of art making. 01.10 Conservation – the maintenance and preservation of works of art and their protection from future damage and deterioration. 01.11 Copyright – the exclusive legal right to produce or reproduce, publish, print, sell, or distribute the matter and form of something or any substantial part thereof, such as literary, musical, or artistic works (e.g., drawings, paintings, photographs and sculptures). 01.12 Creative Place-making – a practice where people are inspired collectively and collaboratively to reimagine, reinvent, and shape public spaces to maximize the shared value, as the heart of the community. 01.13 De-accession – the act to permanently remove, relocate to another jurisdiction, or disposal of artwork from the City’s Public Art Collection. 01.14 Intellectual Property – the legal right to ideas, inventions and creations in the industrial, scientific, literary and artistic fields. 01.15 Moral Rights – the artist has the right to the integrity of the work and the right, where reasonable in the circumstances, to be associated with the work as its author by name or under a pseudonym and the right to remain anonymous. Moral rights are non-transferable and endure even after copyright has been assigned. 01.16 Municipally-owned public space – includes but is not limited to parks, road allowances, tunnels, boulevards, streets, courtyards, squares and bridges, as well as building exteriors, foyers, concourses, and significant interior public areas of municipal buildings. 01.17 Permanent Public Art – an original artwork which is situated at a particular site for longer than one year. Policy Title: Public Art Policy Page 4 of 21 Policy Number: "Click to type Policy Number." 01.18 Public Art – art developed and designed by a professional artist that is displayed on municipally-owned public space. Public art may include, but is not limited to:  sculptures;  murals;  memorials or monuments;  fountains or water features that contribute aesthetically to their surroundings (not splash pads);  hard and soft landscaping components; which are not a mere extension of the landscape/architecture;  architectural components, specialized lighting; and  community art projects related to neighbourhood beautification 01.19 Public Art Committee – is responsible for working with Community Services staff to provide advice and expertise; build public awareness and support for public art; and, identify eligible Public Art Jury members, when required. 01.20 Public Art Jury – is a group of residents, professionals and staff selected who evaluate artist proposals in accordance with the Artist Evaluation Criteria and Acquisition Criteria. The Public Art Jury is responsible to narrow down selections for acquisition. 01.21 Professional Artist – a person who is critically recognized as an artist, they possess skill, training and/or experience in an artistic discipline, is active in and committed to their art practice, and has a history of public presentation. 01.22 Public Space – space available for use by the public that includes, but it is not limited to, parks, boulevards, trail systems, open spaces, waterways, roads, bridges, gateways, streetscapes, civic squares, interior and exterior public areas associated with buildings, or structures owned, operated, occupied or used by or for the City. 01.23 Restoration – the repair or renovation of artworks that have sustained injury or decay to something approaching their original undamaged appearance. 01.24 Signage – any medium used to convey information by way of words, pictures, graphics, emblems or symbols, or any device used for the purpose of providing direction or information, identification, advertisement business promotion or the promotion of a product activity, service, or idea. 01.25 Transitory Public Art – an original artwork that are temporary which could include a variety of mediums and can incorporate experimental public art projects. 02 Guiding Documents & Policy Context 02.01 The City of Pickering Cultural Strategic Plan (2014) sets a vision for arts, culture and heritage in the City; and, identifies strategic directions for policy and programs. One of the Plan’s strategic directions is to cultivate opportunities for the creation, education and enjoyment of the arts, including: Policy Title: Public Art Policy Page 5 of 21 Policy Number: "Click to type Policy Number."  developing and implementing a Public Art Policy, program, and funding formula;  using art to enhance public spaces, particularly within the City Centre;  assigning a one percent contribution to public art from the capital budgets of applicable new or renovated facility and park projects; and,  establishing a Public Art Reserve Fund. 02.02 The City of Pickering Official Plan acknowledges that the quality of the built environment can be enhanced by promoting the integration of art in public places. Specifically, the Official Plan:  promotes art in publicly-accessible and visible locations such as parks, prominent street corners, plazas and on buildings;  encourages public art in a broad range of media, themes and formats in order to engage the observer, foster civic identity and promote social interaction; and,  considers integrating public art in the early stages of the design and planning of developments. 02.03 The City Centre Urban Design Guidelines encourage permanent and transitory/temporary artworks to promote a sense of identity for the City Centre. 02.04 The Seaton Sustainable Place-Making Guidelines recognize that public art should be highly visible and serve as accents to the community by encouraging public art to be located at community core gateways. 03 Policy Statement 03.01 The City of Pickering is committed to and supportive of the benefits of public art and recognizes that art in public spaces is a valuable asset that enhances the social/cultural, built heritage and natural environments. Through public art we beautify our environment; engage the community in creative place-making; and, celebrate our values, stories, culture, heritage, and diversity while defining our unique identity. Public Art enhances quality of life for citizens and visitors; and, strengthens community pride, tourism and economic growth. The commission and acquisition of Public Art is exempt from the City’s Purchasing Policy and must therefore be conducted in accordance with the processes outlined in this Policy. 04 Purpose and Objectives 04.01 The purpose of the Public Art Policy is to: i. Establish, for the City, a standardized and transparent process for the selection, acquisition, maintenance and de-accession of Public Art; and, ii. Provide, for the City, a sustainable funding model for the management of Public Art. 04.02 The framework for a Public Art Program established in this Policy is intended to provide a standardized and transparent structure for these processes to include: Policy Title: Public Art Policy Page 6 of 21 Policy Number: "Click to type Policy Number."  long-term planning;  establishing a funding framework;  creating an administrative structure;  identifying opportunities for public art;  initiating completions and a selection process;  implementing and/or assisting with public art projects; and,  ongoing maintenance, management, deaccession and disposal of the public art collection. 04.03 The Public Art Policy applies to temporary and permanent installations, including community art. The City may authorize public that it does not own, to be placed on municipally-owned public space through an agreement between the City and the owner of public art. The City will not purchase or display art that:  violates any City policy;  conveys a negative message that might be deemed prejudicial;  promotes alcohol and other addictive substances;  presents demeaning or derogatory portrayals of individuals or groups or contains anything, which in light of generally prevailing community standards, is likely to cause deep or widespread offence, or;  is in direct competition with City of Pickering services, programs or initiatives. 05 Administration 05.01 The Public Art Policy and Program will be administered by City of Pickering Community Services staff in collaboration with City Development staff, the Public Art Committee, the Public Art Jury, and City of Pickering Council. 05.02 Any member involved in the administration of the Public Art Policy and Program shall declare a conflict of interest, pecuniary or otherwise, and remove themselves in all cases from a juried selection process or any decision regarding the acquisition of public art in which they are involved either directly or indirectly. 06 City Representation 06.01 Council City of Pickering Council is responsible to:  approve and uphold the Public Art Policy and any amendments;  approve annual Public Art funding and expenditures in the Capital and Current Budget; and,  act as an advocate for art in Public Spaces, and Private Developments in the City. Policy Title: Public Art Policy Page 7 of 21 Policy Number: "Click to type Policy Number." 06.02 Chief Administrative Officer Chief Administrative Officer (CAO) to:  approve and uphold the Public Art policy, along with any amendments;  approve any changes to the Public Art policy, as needed;  act as an advocate for Public Art in Public Spaces, and private developments; and,  support Public Art budget through the budget process. 06.03 Director, Community Services Director Community Services to:  uphold the Public Art Policy, along with any amendments;  recommend any changes to the Public Art Policy, as needed; and,  recommend the Public Art budget annually via the Community Services Department Capital and/or Current Budget. 06.04 Community Services Staff The Community Services Department has the primary responsibility for administering the Public Art Policy and Program, and will work in cooperation with all other City departments to ensure its appropriate implementation. The City Development and Engineering Services Departments have a supporting role in implementing the Public Art Policy and Program. Community Services Department staff are responsible to:  oversee and implement the management, development, monitoring and evaluation of the Public Art Policy and Program;  manage the Public Art collection including acquisitions, maintenance, conservation, research, interpretation and de-accessions;  develop standards and procedures to ensure consistent implementation of the Public Art Policy and Program,  identify, approve appointments and establish the Public Art Committee;  work with the Public Art Committee to identify Public Art priorities, locations and initiatives (i.e. Public Art Work Plan);  facilitate regular Public Art Committee meetings, circulating information, providing guidance and arranging for the recording of minutes;  facilitate Public Art Jury meetings, circulating information, providing guidance and arranging for the recording of minutes, as may be required;  develop “call to artists” and coordinate the selection process;  establish artist selection processes, manage artist contracts, and compensation;  liaise with selected artists to oversee installation and develop agreements;  develop promotional and marketing initiatives to community Public Art activities;  establish, maintain and promote the Public Art public inventory;  identify, prepare, and incorporate amendments to the Public Art Policy and Program that do not have a financial impact, with approval from the CAO;  advise Council, staff and residents on the Public Art Policy and related initiatives; Policy Title: Public Art Policy Page 8 of 21 Policy Number: "Click to type Policy Number."  develop the Public Art budget through the City’s annual budget process; and, investigate Federal, Provincial, or other sources of finding to promote and support the development of Public Art in the City. 06.05 City Development Department City Development staff to:  work with Community Services Department staff to identify appropriate locations for public art;  ensure public art is considered in the planning of new communities, development of community design guidelines, and design of corporate and community facilities; and,  encourage and secure public art through the review and approval of development applications. 06.06 Engineering Services Department Engineering Services staff to:  work with Community Services and City Development staff to ensure the safe and proper installation of public art on City owned property;  incorporate public art into parks, landscaping, and streetscapes; and,  ensure site lines are maintained in locating and positioning of public art on City owned and private property. 06.07 An inter-department Public Art planning team will be established to work in conjunction with the Public Art Committee for selection of artistic works and ongoing long-term Public Art planning, including site selection, restorations, conservation and maintenance. This planning team will include staff representatives from:  Community Services;  City Development; and,  Engineering Services. 06.08 The Interdepartmental Public Art Planning team may also be comprised of the following, as appropriate:  City of Pickering Library staff;  City of Pickering Heritage Planner; and,  Representatives (e.g. department heads) from other City of Pickering departments that may be impacted by the location of a public art project. 07 Selection Process 07.01 Public Art Committee The Public Art Committee will be a standing sub-committee of the City’s Cultural Advisory Committee. The Public Art Committee shall be comprised of seven members from the community selected by the Cultural Advisory Committee. Three members will be from the Cultural Advisory Committee Itself. Four members will not be members of the Cultural Policy Title: Public Art Policy Page 9 of 21 Policy Number: "Click to type Policy Number." Advisory Committee, but will have professional experience related to at least one of the following disciplines; urban planning or development, landscape architecture, architecture, visual, literary or performing arts, art history, art administration or education, curation, visual arts consulting, civil engineering, art review/writing, or heritage research and planning. All members of the Public Art Committee will be residents of Pickering and will demonstrate a significant knowledge of arts and culture. The Public Art Committee will: i. Advise on the implementation of the Public Art Policy through the Cultural Advisory Committee. ii. Review proposed project scope and terms of reference for each new Public Art project. iii. Evaluate and select artwork, under $25,000 in value, in accordance with the Artist Evaluation Criteria in Section 7.3 and Acquisition Criteria in Section 6.0 of this Policy. iv. Ensure application of established procedures and guidelines for each selection process. v. Advise and promote communication and outreach of this Policy to the community. vi. Advise on the development and implementation of selection, acquisition, maintenance, and de-accession of artistic works to which this Policy applies. vii. Advise and recommend to the City, through the Cultural Advisory Committee, on proposed gifts, donations and bequests to the City in accordance with established guidelines. viii. Review the results of the public art jury, and put forward a recommendation to acquire for endorsement of the Cultural Advisory Committee to acquire the proposal with the best marks, or put forward for community consultation. The Committee will be subject to City policies to ensure fair and equitable treatment of all participants in the process and to ensure their recommendations are without bias. Specifically, the City will not purchase or display art that:  violates any City policy;  conveys a negative message that might be deemed prejudicial;  promotes alcohol and other addictive substances;  presents demeaning or derogatory portrayals of individuals or groups or contains anything, which in light of generally prevailing community standards, is likely to cause deep or widespread offence;  is in direct competition with City of Pickering services, programs or initiatives. All decisions by the Public Art Committee shall be endorsed by the Cultural Advisory Committee. 07.02 Public Art Jury A Public Art Jury must be established for each acquisition $25,000 and over in value, and may also be established for works of a lesser amount at the discretion of the Public Art Policy Title: Public Art Policy Page 10 of 21 Policy Number: "Click to type Policy Number." Committee. The Public Art Jury will be organized on a case by case, and project by project basis. The Public Art Jury will evaluate artist proposals in accordance with the Artist Evaluation Criteria in Section 7.3 and Acquisition Criteria in Section 6.0 of this Policy. The Public Art Jury is responsible to narrow down selections for acquisition and present the 3 top-ranked proposals to the Public Art Committee, for final recommendation to the Cultural Advisory Committee. Dependant on the impact the public art will have on the community, the 3 top- ranked proposals may be presented for community consultation. While the ultimate objective of the Public Art Jury is to reach a unanimous decision, members may be divided in their evaluations and as such, a Public Art Jury will consist of uneven numbers to enable a majority vote. The composition, duration and terms of reference for any Public Art Jury will be dependent on the nature of the Public Art project. Appointees to a Public Art Jury may consist of:  Three City staff which may include representatives (e.g. department heads, Heritage Planner, Library) from other City of Pickering departments, as appropriate, that may be impacted by the location, or subject matter of a public art project.  Three resident members from the Public Art Committee.  Two professional artists that are not residents of the City of Pickering.  One professional architect that is not a resident of the City of Pickering. In certain circumstances, members of a Public Art Jury with external expertise (e.g. professional architect or professional artist) may be compensated for their time on the Public Art Jury. 07.03 Artist Evaluation Criteria When evaluating specific artwork proposals, the Public Art Jury will consider the vision, mandate and objectives of the Public Art Program and the specific aims in the project brief. The Public Art Jury (as per section 07.02) will also consider the artist’s:  artistic excellence of previous work;  ability to achieve the highest quality of contemporary artistic excellence and innovation;  professional qualifications and relevant working experience as related to the public art project brief;  ability to manage a project and experience working with a design team, project team and/or community group, as appropriate;  potential to comprehend, access and interpret relevant technical requirements; and,  interest in and understanding of the public art opportunity and the context. 07.04 Exhibitions The City of Pickering will host exhibitions of art in community facilities by: Policy Title: Public Art Policy Page 11 of 21 Policy Number: "Click to type Policy Number."  professional artists whose work is relevant to the community;  Pickering artists, or artists whose work is Pickering based;  artists that are members of a Pickering-based arts organization; and,  City staff or their immediate family members The City of Pickering will create and facilitate opportunities for local businesses to display public art and/or undertake temporary art exhibitions. The content of art exhibitions is at the discretion of Community Services staff and must be suitable for viewing by all ages. 07.05 Artist in Residence The City of Pickering will provide opportunities for an Artist in Residence program, provided that:  funding exists through a grant or approved budget;  the residency is of mutual benefit to the City and the Artist(s);  a portion of the works created will remain in the City Collection; and,  artists are properly compensated for their work, space and accommodation. An Artist in Residence will work in partnership with the City and interested external organizations, and agencies. 08 Acquisition The City may acquire works of art through purchase, commissioning, donation, or creation of community arts projects. All works to be purchased, commissioned or donated will be subject to the terms and conditions of the Public Art Policy and incorporated into the Public Art Inventory. 08.01 Purchase or Commission of Art The process for purchasing and commissioning art will be fair and transparent and will be in accordance with the City’s Purchasing Policy. Depending on the nature of the artwork, it may be secured through:  The issuance of an Open Call. This type of competition is the preferred method which sees a “Call to Artists” developed and issued. A “Call to Artists” can be geared towards local, provincial, national and/or international artists, and/or art collectives and includes specific guidelines, criteria and eligibility based upon each Public Art Initiative identified by Cultural Services staff. A RFQ may be used to pre-qualify artists for general or specific public art projects. When an open call public art competition results in two equally weighted proposals, consideration will be given to the local / Canadian submission. Policy Title: Public Art Policy Page 12 of 21 Policy Number: "Click to type Policy Number."  Request for Proposal (RFP) competition occurs when a select group of artists and/or collectives are invited to submit a proposal for consideration towards a specific Public Art initiative. The applicants must adhere to the guidelines and criteria established by the City of Pickering.  Direct Invitation/Commission or Purchase (Single / Sole-Source) occurs when a signal artist is identified to complete a Public Art project, or when and existing piece of Public Art is purchased. In the instance of the purchase of an existing piece of art, an appraiser or outside expert maybe called in to determine authenticity. For large commissions in public spaces, the Public Art Committee may choose to provide the three top-ranked Public Art Jury selections for Community Comment prior to finalizing the selection process. 08.02 Donations On occasion, the City may be offered donated works of art in the form of a bequest or a gift. When public art is acquired through donation, in accordance with the criteria established in the Income Tax Act (Canada), the City of Pickering may issue a tax receipt to the donor. The donor is responsible for meeting Government of Canada criteria to receive an income tax credit for the artwork. Independent appraisal costs will be the responsibility of the donor. Donated art must follow the City’s Financial Control Policy FIN-030 and be subject to an evaluation process based on the City’s donation criteria outlined below:  Information about the artwork including photographs of the artwork (if existing) or illustrations (if proposed);  Maintenance and conservation plan, including the condition of the work and any repairs needed;  Site installation requirements of the artwork;  Projected budget for installation and ongoing maintenance of the artwork;  Legal proof of the donor’s authority to donate the work; and, Where appropriate an appraiser or outside expert maybe called in to determine authenticity or value. All donations of existing artworks will be subject to a review process by Community Services staff in collaboration with the Public Art Committee. All donations should be unencumbered, free and clear of conditions and restriction imposed by the donors. Donations will be evaluated against the selection criteria in 07.01 and 07.03. The City is not required to accept donations of Public Art that are offered. Donated art will also include a funding donation for the transfer, installation, maintenance, conservation, restoration of the work being donated, the amount of which will be negotiated as part of the acceptance agreement. Additionally, City staff are responsible for conducting a feasibility analysis which outlines aspects such as the benefits of the acquisition, and short and long term costs. Policy Title: Public Art Policy Page 13 of 21 Policy Number: "Click to type Policy Number." The individuals or organizations proposing to donate artwork will be notified of the City’s decision to accept or decline the donation. If accepted, the individual and / or organization shall acknowledge that donated art cannot be returned. Accepted donations of public art will be documented, a release form signed by both the City and the donor, and the artwork insured at time of acquisition. Any documents pertaining to ownership of the donation must be transferred to the City and filed by City staff accordingly. Once accepted, the Donation may be stored, exhibited, loaned, de-accessioned or disposed of at the discretion of the City. Donation of funding from the public or private sector for the City’s Public Art program, this funding will be added to the Public Art Reserve Fund. 08.03 Transitory/Temporary Public Art The City may secure on a temporary basis, through loan or lease, works of public art for display in public spaces. All artworks to be displayed in public spaces will be evaluated in accordance with the Artist Evaluation Criteria in Section 07.03 and Acquisition Criteria in Section 8.0 of this Policy. Temporary installations of artwork will be documented, and included in the City’s inventory of public art exhibitions; listing the dates of display, and a project/artists statement. 08.04 Community Art Projects The Cultural Services Section will receive applications for community art projects; which may include requests for funding of up to $10,000 for any individual project. The Cultural Services Section will determine whether a community art project should proceed and/or be funded. The goal of these community art projects is to create artwork that is accessible to a large public, not simply because it has been placed in a public space or because of its content, but through the engagement of community members in defining and shaping their environment. Community Art projects must include use of amateur and/or professional practicing artists, and gain the support of the Public Art Committee, and Cultural Advisory Committee. Community murals and tree carvings are examples of community art projects. 08.05 Public Art Exclusions Examples of Public Art excluded under the scope of this policy are: i. directional elements such as super graphics, signage or colour coding, except where these elements are an integral part of the original work of art or public art project; ii. art objects which are mass-produced of standard design such as playground equipment or statuary objects; iii. landscape architecture and landscape gardening, except where these elements are in integral part of the original work of art, or are the result of collaboration among design professional including at least one artist; and, iv. easily moveable artworks such as paintings, drawings, models and books. Policy Title: Public Art Policy Page 14 of 21 Policy Number: "Click to type Policy Number." 09 Selection Considerations Artwork being considered for acquisition regardless of the acquisition method should take into account the following: Community relevance and Impact  Suitability for display in a public space  Reflects the City’s heritage, and / or history, culture and diversity, and / or natural elements and landscapes  Builds appreciation for public art Overall Quality and Authenticity  Originality of design  Intrigues viewers and stimulates imagination  Artist reputation, demonstrated and related experience  Condition of the artwork Location  Site suitability  Response to or complements the location’s uses and users Economic Value  Short and long term costs  Tourism potential Installation Maintenance & Conservation  City’s ability to accommodate installation requirements  City’s ability to safely display, maintain and conserve the work  Long-term maintenance cost  Longevity of the artwork  Environmental impact Submission  Compliance with guidelines outline in the Public Art policy and accompanying “Call to Artist”  Quality of the approach/work plan and methodology  Ability to meet budgetary estimates and timelines. 10 Site Selection The selection of sites for public art shall be made by City staff with staff considering comments and or suggestions from the Public Art Committee and the Cultural Advisory Committee, using the following criteria:  potential visibility of public art;  distribution of projects across the City; Policy Title: Public Art Policy Page 15 of 21 Policy Number: "Click to type Policy Number."  implementation potential;  public benefit;  geographic justification;  quality, scale and character of the public art are suitable for the location and audience;  environmental conditions, site servicing and safety; and,  does not interfere with existing or proposed artwork, buildings or structures in vicinity. Public art may be installed in the following areas, as required and as pieces become available:  Public areas in municipally owned facilities, community centres and libraries (interior and exterior spaces)  Parks and Public Spaces For the installation of public art, the City, in consultation with the Public Art Committee, may also identify key priority areas such as the waterfront, City Centre and transit corridors; and/or key themes such as culture, heritage, agriculture and environment. 10.01 On Lands Owned by the City of Pickering Installation of public art is encouraged in public spaces and parks owned by the City of Pickering; and in public areas of City of Pickering owned office buildings, community centres, and libraries. Proposals for public art installations by the private sector or other public agencies on infrastructure (e.g. roads, bridges, buildings, etc.) or land owned by the City of Pickering that were not commissioned through the Public Art Program must adhere to the City of Pickering Public Art Policy and all other relevant City policies, by-laws, standards, and procedures. Proponents of public art proposals are required to pre-consult with Community Services staff, City Development staff and Public Art Committee; and, to present to City of Pickering Council. Proponents will also be subject to entering into a license agreement with the City of Pickering regarding matters such as maintenance and the continued use of public property. 10.02 On Lands Owned by Other Levels of Government and Public Agencies 10.02.1 Consultation with the City of Pickering Public agencies that propose public art as part of a redevelopment or new development, are required to pre-consult with Community Services staff, City Development staff, and the Public Art Committee; and to present to City of Pickering Council. Policy Title: Public Art Policy Page 16 of 21 Policy Number: "Click to type Policy Number." 10.02.2 On Lands Owned by the Region of Durham Installations of public art initiated or approved by the City of Pickering on infrastructure (e.g. roads, bridges, buildings, etc.) owned by the Region of Durham will be subject to entering into an agreement with the Region of Durham. 10.03 On Private Lands The City actively encourages the private sector to include public art in development projects to elevate and improve the public realm. Proponents of public art proposals are required to pre-consult with Community Services staff, City Development staff, and the Public Art Committee; and, to present to City of Pickering Council. Direction on options for private sector contributions to public art are provided in Section 6.0 of this Policy. 11 Collections Management 11.01 The City has the authority to determine the length of time a work of public art will be displayed in Public Spaces. The City shall consult, where possible, on the restoration or removal of public art, but shall retain the right to restore, relocate, or archive a work of public art without the artist’s and/or donor’s consent. 11.02 Accessioning/Registry/Inventory:  The City shall document all works in the Public Art Collection and maintain a registry/inventory of the Public Art Collection; which shall be made available to the public.  Temporary public art shall not be registered into the Public Art Collection and shall not be part of the maintenance and conservation program.  Temporary works will be added into the Inventory of Public Art Exhibitions. Temporary exhibitions will be photographed and documented (artist/project statement). 12 Maintenance & Conservation 12.01 It is the responsibility of the City to maintain all permanent works of art within the Public Art Collection in accordance with the approved maintenance plan and/or conservation plan required for each piece. 12.02 All public art submissions must include a detailed manual from the artist outlining the maintenance and/or conservation plan. The plans will include, but are not be limited to: a maintenance dossier; shop drawings; manufacturers’ lists; key contacts, including the artist; maintenance and/or conservation specifications; and, budgets. 12.03 City staff will monitor the existing inventory for maintenance requirements. The City may choose to retain a qualified professional to undertake the inspection, if deemed necessary. Policy Title: Public Art Policy Page 17 of 21 Policy Number: "Click to type Policy Number." 13 Insurance 13.01 All artistic works owned by the City through purchase, commission and/or donation are the property of the City of Pickering and are insured under the City’s Insurance Policy. 13.02 For all Borrowed Public Art, the Artist will submit proof, satisfactory to the City, of insurance coverage for the artistic work, and a waiver freeing the City from liability in case of accidental loss, theft, damage or vandalism. In addition, the Artist will submit a complete list of displayed artistic work(s); which will include the title(s), dimensions, medium/media and appraised value(s). 14 Storage 14.01 When storage of Public Art, whether short-term or long-term, is required, the City will ensure that such storage meets appropriate museum standards. Whenever possible, existing City and community resources will be used for the storage and management of the City’s Owned Public Art. 15 Agreements & Installation 15.01 The Artist will enter into a written agreement with the City of Pickering following the approval of the acquisition of the public art. This agreement will address the Artist’s obligations, which include, but are not limited to:  Materials  Timelines  Installation  Maintenance and/or conservation plans  Warranty  Copyright, Intellectual Property and Moral Rights  Payments to sub-contractors 15.02 The Artist is generally responsible for the installation of all artworks that the City has acquired. All contractual requirements with the Artist(s) will be overseen by the City and identified, in advance, through the agreement of purchase, commission or donation. The condition of all acquired art works will be reported upon receipt, and any problems found will be referred to the artist for resolution. 15.03 The City has the authority to determine the length of time a work of public art will be displayed in Public Spaces. The City shall consult, where possible, on the restoration or removal of public art, but shall retain the right to restore, relocate, or archive a work of public art without the artist’s and/or donor’s consent. 16 Deaccession & Disposal 16.01 The City may deaccession and/or dispose of Public Art when necessary. All reasonable efforts will first be made to resolve problems or re-site the Public Art, in consultation with Policy Title: Public Art Policy Page 18 of 21 Policy Number: "Click to type Policy Number." the Artist and/or donor, where appropriate. Public art may be de-accessioned and/or disposed of under any of the following situations:  endangerment of public safety  excessive repair or maintenance  irreparable damage  inaccessibility  site redevelopment  art is no longer relevant  works that endanger public safety  possibility of upgrading through exchange  no appropriate location for exhibition of work  Copies, forgery or reproductions lacking authenticity or archival value  The public art is no longer relevant to the City’s Public Art Collection, or  the public art is discovered to have been stolen, or was offered to the City for acquisition using fraudulent means 16.02 The City of Pickering will be responsible for preparing a report providing the justification for recommending de-accessioning of the artwork for the Public Art Committee, to be endorsed by the Cultural Advisory Committee and received as correspondence by Council, as appropriate. 16.03 In the event of accidental loss, theft or vandalism, the City retains the right to determine whether replacement or de-accessioning of the artwork is appropriate. 16.04 No artistic work will be deaccessioned and disposed of without consultation with the Public Art Committee. Recommendations to the Public Art Committee regarding the need for a method of de-accession will be made by Cultural Services Staff. The de-accessioned art may be moved, sold, returned to the artist or destroyed, with any monies received through the sale of the artwork being placed in the Public Art Reserve Fund. 17 Copyright and Intellectual Property 17.01 Artwork acquired for the Public Art Collection shall become the property of the City of Pickering except those artworks subject to the parameters for Temporary Public Art as outlined in Section 08.03. 17.02 The City will respect the artist’s right of authorship and the integrity of the public art. 17.03 Copyright of the artwork shall remain with the Artist unless the City has acquired the copyright in full from the Artist or has an agreement in writing for limited usage. 17.04 Except in very rare circumstances, the Artist(s) shall own all Intellectual Property in the work developed. Following best practice in North American Public Art Programs, they will not be asked to waive their Artist Moral Rights or assign their copyrights. Artist(s) will be asked to provide a royalty-free non-commercial license to the City of Pickering for images of their work in perpetuity. Policy Title: Public Art Policy Page 19 of 21 Policy Number: "Click to type Policy Number." 17.05 In cases where the artist is not contracted directly to the City, but is a sub-contractor (e.g. for integrated artworks or artist on a design team) or for developer-provision of public art, the City shall stipulate that the contract must include terms related to intellectual property rights, ownership, and maintenance obligations, as appropriate. 18 Artist Remuneration 18.01 Artists shall be fairly compensated for their time and work. Compensation shall be determined on a case by case basis. 18.02 Artist Contract Terms – In creating standard agreements with artists, it is important to note artist moral rights and to take into consideration practices in the arts sector which differ from other professional service providers or suppliers. When the City of Pickering contracts an artist for a commission, the artist agreement will include, but not be limited to the following:  Scope of work (may be design services only; or design, fabricate and/or install);  City’s and artist’s obligations, appropriately apportioning risk and responsibility;  Timelines;  Ownership, maintenance, and conservation obligations;  Intellectual Property, Copyright, and Artist Moral Rights;  Artist recognition;  Warranty and insurance (as appropriate); and,  Payment schedule. 19 Community Engagement & Awareness 19.01 The City will be responsible for ensuring there is an opportunity for community input and involvement in public art and expanding the level of knowledge of the City’s Public Art Collection in the community. 19.02 City staff will be responsible for ensuring the community is aware of any public art installations or de-accessioning in public spaces. When appropriate, the community will be asked to comment on the selection of a commissioned work or official unveilings will be undertaken in order to allow residents to take part in celebrating new additions to the Public Art Collection. 20 Pickering Public Art Interactive Map 20.01 The City of Pickering shall develop and maintain an interactive online public map that identifies the location of public art pieces and provides a photograph and information, such as a description of the public art piece, installation date and artist name. If available, the City will also include information from the artist including web links, artist biography, artist statement and video footage of the artist discussing their work. Policy Title: Public Art Policy Page 20 of 21 Policy Number: "Click to type Policy Number." 20.02 This information will also be held within the Public Art Inventory which will be maintained by the Community Services Department. 21 Public Art Development by the Private Sector 21.01 The City actively encourages private sector applicants to include public art in development projects through the Site Plan application process. The provision of public art will be secured through a Site Plan Control Agreement that will be registered against the title of the lands. 21.02 Options for private sector contributions to public art are:  On-site Contribution: This is where the applicant incorporates the public art within the development limits. In addition to the requirements outlined in Section 10.03 of this Policy, the design, commissioning and installation of the public art piece will be at the sole cost of the owner, and subject to approval by the City. Ongoing maintenance, repair or replacement of the public art piece will be at the sole cost of the owner.  Off-site Contribution: This is where the applicant provides public art on municipal property. In addition to the requirements outlined in Section 10.01 of this Policy, the design, commissioning and installation of the public art piece will be at the sole cost of the private sector proponent, and subject to approval by the City. The ongoing maintenance, repair or replacement of the public art piece will be at the sole cost and responsibility of the City.  Partnership with business/agency. 22 Funding 22.01 Funding to support this policy will be provided through the establishment of a Public Art Reserve Fund, as recommended in The City of Pickering Cultural Strategic Plan (2014). 22.02 Starting in 2021, it is recommended that Council provide financial support in the amount of $100,000 to implement the Public Art Policy. In 2022, it is recommended that the financial support increase by $25,000 for a total of $125,000. The financial contribution should be increased by $25,000 every year until the funding model is reviewed. 22.03 The Public Art Reserve Fund will be used to cover the costs of the management, additional insurance costs, administration and promotion of public art in the City and the purchase, maintenance, conservation, restoration, archiving, and de-accession of the Public Art Collection. 22.04 Up to a minimum of 75% of all funds collected must be used for the design, fabrication installation and documentation of Public Art or Community Art projects chosen through an objective Jurying selection process. 22.05 Funds ranging up to 25% will be apportioned to the governance and administration of the selection process, collection, inventory, staffing, legal requirements, deaccession of artistic works, and overall policy review. Policy Title: Public Art Policy Page 21 of 21 Policy Number: "Click to type Policy Number." 22.06 Any operating funding required for the ongoing operation of specific pieces of public art must be funded from the Public Arts Reserve Fund and approved by Council on a case by case basis. Please refer to all associated Procedures and Standard Operating Procedures, if applicable, for detailed processes regarding this Policy. Appendices Appendix 1 Public Art Inventory – City of Pickering (current October 2019)