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HomeMy WebLinkAboutCSD-10-058 - Public Art 5-Year PlanREPORT REPORT TO: Community Services Committee DATE OF MEETING: September 13, 2010 SUBMITTED BY: Mark Hildebrand, Director, Community Programs and Services PREPARED BY: Cheryl York, Arts/Culture Co-ordinator, ext. 3381 WARD(S) INVOLVED: All DATE OF REPORT: August 23, 2010 REPORT NO.: CSD-10-058 SUBJECT: PUBLIC ART FIVE-YEAR PLAN (2011 - 2016) RECOMMENDATION: That Policy I-816 be amended to clarify the nature of eligible construction projects as detailed in Report CSD-10-058; and further, That the five-year public art plan strategies in this report be approved. EXECUTIVE SUMMARY : Public art works located at Kitchener’s civic buildings and prominent downtown public spaces have become a distinguishing tradition in our community. Among Canadian municipalities, Kitchener is a public art leader for its size. Since 1995, the public art program has Contributed to community engagement; Shown that Kitchener is a creative community; Supported the development of partnerships with the general public, the arts community and arts service organizations; Made the arts accessible to the public; and Improved both the quality of the built environment and the quality of life in our community. Until 2008, a series of policies governed the program. These policies were consolidated in Policy I-816 (Appendix A) in December 2008, following a program and policy review conducted by The Planning Partnership. The review recommended the creation of a public art master plan for Kitchener as the next important step in building the program. The development of the ‘five-year public art plan’ included public input through a survey titled “What makes a place special?” (Appendix B). The survey, advertised throughout the community in 2009, generated a good response from the public, providing suggestions for (1) new locations for public art and (2) unique Kitchener stories to tell. í ó ï The five-year plan builds on existing program strengths, supports the program goals and identifies strategies for implementation during the period 2011 – 2016. The recommendations appearing throughout this report are as follows: (A) Policy Amendment Recommendation: Amend Policy I-816 Section 2, to clarify the nature of eligible projects: Eligible projects include new construction or construction that achieves major changes in the scope of a facility such as new programs, services or functions. This does not include projects where only routine maintenance is being carried out. (B) Five-Year Plan Strategies Recommendation: Explore future public art projects with partners, including Contemporary Art Forum Kitchener and Area (CAFKA).) Recommendation: Pursue municipal partnership opportunities to educate the public and continue to build the discipline of public art in our community. Recommendation: Inform the private development sector of our public art program and invite and encourage participation. Recommendation: Waive the purchasing process, if maintenance or restoration on art work is required, to allow the original artist to perform the work within the specified budget. In cases where the original artist is unavailable, the arts and culture unit will select a suitable professional consultant through an RFP process. Recommendation: Public art works must be (1) permanently sited, or (2) installed for a specific length of time with the understanding that the art work will not be stored by the City thereafter. Recommendation: Public art policy compliance should be built into the project management processes of all affected civic construction projects. Recommendation: Develop promotional and educational tools in various media to educate and inform both the general public and sectors of interest. BACKGROUND: Definition Public Art: original art works, permanent or temporary, in any medium or discipline, placed, incorporated or performed in publicly accessible indoor or outdoor locations in response to the site and for the benefit of the public. For the purposes of the current policy and this report, Public Art does not include plaques, archival collections or heritage assets already supported by other budgets, committees and policies, nor does it include those art works acquired through the Artist in Residence program. í ó î Kitchener’s program 1995 – 2008: Policies With the exception of Queen Victoria (1907), the Corporation of the City of Kitchener began to place art works in public locations in 1993 when “Horsepower” was installed at the Duke Street entrance of the new city hall. This report discusses the city’s program while recognizing that private agencies, and other government bodies, have occasionally installed their own art works in Kitchener over the years. An “Art, Artifact Acquisition and Management Policy” was first approved in 1995. The “Percent for Public Art Policy” dates from 2001. A “Public Art Collection Management Policy” was put in place in1998 and the “Public Art Policy” in 2003. Character of the collection The collection reflects the municipal principles of inclusion, diversity, accountability and fair process, and community engagement. Many local artists are represented in the collection, and the majority of works were acquired through public processes with modest budgets. Therefore, the collection is broadly representative rather than specific or specialized, and, as with any public competitive process, choices are constrained by the availability and quality of the competitors’ proposals. Scope of the collection The collection numbers 17 permanent art works. Fourteen were acquired through open competition processes. Donations account for the other 3 acquisitions. Locations of the art works include: City Hall, Speaker’s Corner, Victoria Park; McKenzie King Park, Country Hills, Forest Heights, Stanley Park, Chandler Mowat, Victoria Hills and Downtown Community Centres; Kitchener Market; Kitchener Memorial Auditorium Complex; and, Activa Sportsplex (nine neighbourhoods). Materials span a broad range from cast cement to stainless steel. Many local artists are represented in the collection. Projects underway Civic projects now underway include Country Hills Community Library, Kitchener (Main) Library, Parking facility at Charles & Benton, Kingsdale Community Centre, McLennan Park, Belmont Business Improvement Area (Belmont Ave), Consolidated Maintenance Facility, the restoration of the Bullas sculptures and the “CUBE” student video competition. The past average rate of acquisitions has been two art works per year. With the recent provision of stimulus funding by other levels of government, the city has undertaken more capital projects than usual and therefore more public art projects. REPORT: A. Policy amendments and process changes The operation of the program itself has highlighted the need for an amendment since policy I - 816 was approved in 2008. Project eligibility for the one percent funding allocation has been confusing. Policy I-816 uses the phrase “civic construction projects with budgets of $100,000 or more”. Staff from various departments have requested a more detailed definition of the word “construction”. A survey of percent for art policies indicates that use of the word “construction” is very common, but in the interests of clarity, Policy I-816 should be amended to prevent further confusion. í ó í Recommendation: Amend Policy I-816 Section 2, to clarify the nature of eligible projects: Eligible projects include new construction or construction that achieves major changes in the scope of a facility such as new programs, services or functions. This does not include projects where only routine maintenance is being carried out. B. Five-Year Public Art Plan Why this plan has been developed program review In 2008 a public art was conducted by The Planning Partnership. The review identified key issues, challenges and opportunities in the program, and assessed the collection. new policy As a result of the review, a was prepared for Council’s consideration and approved in December 2008 (Policy I-816 Financial) (Appendix A). In a first step toward improving the program, the policy achieved a consolidation of previous policies. It also re-affirmed the percent for public art funding mechanism. recommendation for a long-term vision The policy repeated the review’s or master plan. five-year plan A helps us to: • Develop a vision that sets principles, priorities and expectations for growth • Clarify the administration process and technical troubleshooting • Identify mechanisms to establish partnership opportunities with other agencies and the private sector • Raise public awareness about the public art program and collection, and community benefits • Plan and budget for maintenance and conservation of the collection How the plan was developed Sources of information were: Research of comparative programs and best practices Program review report Public survey results, February 2010 (Appendix B) Interdepartmental staff consultations Consultations with Public Art Working Group, Arts and Culture Advisory Committee, regional municipal partners, and other service providers Capital forecast data Identification of gaps and needs in the administration of the program. Vision and objectives Through consultations during the program review in 2008, we heard citizens’ wishes for Kitchener: • Beautiful, well-designed public spaces featuring public art • Identification of Kitchener as an exciting creative city • A panorama of inspirational art works for citizens to enjoy • Vibrant public spaces where people want to meet and spend time Vision The following statement was created during the public art program review through stakeholder and public consultation: í ó ì Kitchener is a vibrant community where the best forms of public art explore our diversity, tell our stories, and welcome artists to use creativity and imagination to make unique landmarks and beautiful gathering places. Objectives To contribute to the City’s cultural identity To contribute to its strategic priorities: that is, better quality of life, increased social cohesion, good urban design, broad community involvement, increased potential for economic development, and public access to the arts Strategies 2011 – 2016 strategies The plan’s combine flexibility and best use of funds, with maximum benefit for the community. General objectives are to: Implement public art projects at priority civic sites identified in the 2010-2019 capital budget forecast Support temporary installation projects such as digital projections on the Berlin Tower Extend installation (up to five years) of a Contemporary Art Forum Kitchener and Area 2011 festival art project Promote the collection and public education Maintain the collection Create mechanisms for the participation of private and institutional developers in the public art program. Strategy One: Percent for Art public art for civic construction projects Kitchener’s program has concentrated on as its major focus. One percent of construction costs is allocated to public art. This requirement is tied to specific projects such as community centres, libraries, fire stations, parking facilities, and City Hall. These sites offer high visibility and high usage in most cases. Kitchener’s projects strive for public art that is responsive to the site and its use in some way – such as through design, theme or function. Site selection, combined with available budget, helps to determine the type of project: indoor/outdoor, temporary/ permanent. All outdoor art works must ensure public safety and be durable and low-maintenance. Sites are also assessed for technical feasibility of installation. Public art commissions are awarded as a result of public competitions and fair jury selection processes. The quality of selected art works is directly related to the quality of artist proposals received. The City retains the right not to award a commission if suitable proposals are not received. Parks Design & Development and Operations staff have agreed to support the mechanism of combining one percent allocations from small parks projects in order to fund a single larger project in an appropriate park location. Staff also supports an approach to public art where an artist would be working on design questions with Parks staff at an early stage in order to integrate public art with other site elements. Kitchener’s five-year plan identifies projects at civic facilities based on the Capital Budget Forecast for civic construction. The city has been using this method of site selection for the past í ó ë fifteen years. It provides structure to the program but its site and funding limitations may restrict the program in the future. Strategy Two: The Pooled Fund New elements to be considered for 2011 – 2016 programming and supported by the pooled fund include: mechanisms for inviting private sector participation promotion temporary installations digital public art on the Cube project partnerships with other arts organizations special projects in priority locations identified during consultation. Set up in 2009, the Project Balances Account holds 40% of the 1% funds from $10-million+ projects. The funds are meant to support those projects which otherwise would not be possible or would be underfunded. Projects valued at over $10 million contributing to the pooled fund up to 2016 are Kitchener Library, Consolidated Maintenance Facility, and two parking facilities. The expected contributions up to 2016 total approximately $250,000. The pooled fund is dependent on very large and infrequent projects. It may not sustain other forms of community public art in the long term. Other public art funding strategies need to be developed. A review of the capital budget forecast in 2015/16 will indicate whether the pooled fund will remain viable. Strategy Three: Partnerships Partnerships with otherarts agencies in the community such as Kitchener-Waterloo Art Gallery, Contemporary Art Forum Kitchener and Area (CAFKA), and the Downtown Business Improvement Area were identified in the program review as potential partners. Project-based partnerships are expected to occur from time to time as resources and opportunities permit. There have been no projects of this type to date. Recommendation: Explore future projects with partners, including Contemporary Art Forum Kitchener and Area. Selected installations from CAFKA’s biennial exhibitions could remain installed for up to five years for the benefit of Kitchener visitors and residents. Partnerships withcapital grant or loan recipients This requirement to participate in the public art program is stated in Policy I-816 as follows: “In construction projects for which the City has provided grants or loans to an outside agency, the terms of the loan or grant agreement include a requirement for public art to be included in that project. The grant or loan must be in excess of $100,000. The one percent allocation will not exceed $300,000.” Although there have been no opportunities for this type of partnership to date, we will actively pursue any such opportunities in the future. Partnerships withother municipalities A project to increase awareness of public art and promote the region’s public art collections and other program aspects is under discussion with the Regional Municipality of Waterloo, the townships and the cities of Cambridge and Waterloo. The production of a brochure for self- í ó ê guided driving, cycling and walking tours could enhance residents’ and visitors’ experience of the region’s public art assets. Public art is an evolving discipline. Administrators and artists learn more with every project they undertake. Investing in public art education for administrators and artists in our region will strengthen public art’s contribution to the quality of life in our community. Recommendation: Pursue municipal partnership opportunities to educate the public and continue to build the discipline of public art in our community. Strategy Four: Private Sector Public art in our community may grow through partnerships with institutional and private developers with projects at prominent sites throughout the city. Discussions are already underway with Planning Department staff to bring information about our program to private sector developers at the pre-submission consultation stage. Staff is collaborating with Waterloo and the Region to ensure that developers are aware of the region-wide growth of public art. Kitchener has the planning framework in place that will assist program growth through: the Official Plan, Urban Design Guidelines, By-laws, and Parks and Open Space master plan. Recommendation: Inform the private development sector of our public art program and invite participation. Strategy Five: Collection Management Guidelines; Procedures Collection Management The document (Appendix C) presents guidelines for maintenance of the collection. Maintenance has always been carried out on an as-needed basis. As the collection ages, the need for regular (annual) inspection of art works will increase. Most works in the collection could have a lifespan of at least 25 years. . Art works in need of specialist attention are maintained through conservation contracts The independent consultants, skilled conservators and restorers required for this type of work are few in number. Standard purchasing policy procedure such as the RFQ has not provided the city with the expertise needed for art work maintenance or restoration. This was demonstrated in the recent work done on the Bullas sculptures. Further, artists may be best suited to doing remedial work on the pieces they have created. Recommendation: Waive the purchasing process, if maintenance or restoration on art work is required, to allow the original artist to perform the work within the specified budget. In cases where the original artist is unavailable, the arts and culture unit will select a suitable professional consultant through an RFP process. Storage The city has no dedicated art storage space. Such space would need to be secure, climate- controlled and equipped to accommodate a range of art work types and sizes. Until such time as dedicated, secure and climate-controlled storage for art works is established, projects must be (1) permanently sited, or (2) installed for a specific length of time with the understanding that the art work will not be stored thereafter. The exception to this approach is digital media works that can be stored in an office setting as well as electronically. í ó é Recommendation: Public art works must be (1) permanently sited, or (2) installed for a specific length of time with the understanding that the art work will not be stored by the City thereafter. Procedures Ensuring that EOI’s/RFP’s for construction projects include information about the public art requirement helps project sponsors, managers and consultants with planning for public art opportunities in the early design of facilities, and thus offers artists design opportunities that are not possible once actual construction has begun. This principle has been applied with a degree of success in Victoria Park and Kitchener (Main) Library. Community Services’ “Project Management Process Guide” contains instructions for public art discussions in the early planning stage of any Community Services Department construction project for the purposes of policy compliance, budgeting and other necessary inclusion steps. Recommendation: Public art policy compliance should be built into the project management processes of all affected civic construction projects. Strategy Six: Promotion and Public Education We now see the public art collection on the new city website. Other important initiatives are 1) the publication of a public art tour brochure, 2) preparation of an information guide for private developers to be distributed through the Planning Department, and 3) interpretive signage at public art sites. Recommendation: Develop promotional and educational tools in various media to educate and inform both the general public and sectors of interest. Appendices A. Public Art Policy I-816 (current) B. Public Consultation – Survey results C. Collection Management Guidelines D. Schedule of Projects FINANCIAL IMPLICATIONS: N/A COMMUNICATIONS: The draft plan was circulated for comment to the Public Art Working Group, Arts and Culture Advisory Committee, and affected City departments. ACKNOWLEDGED BY: Pauline Houston, General Manager, Community Services í ó è APPENDIX A COUNCIL POLICY RESOLUTION PUBLIC ART POLICY App A.doc POLICY NUMBER: I-816 DATE: December 8, 2008 POLICY TYPE: FINANCIAL SUBJECT: PUBLIC ART POLICY POLICY CONTENT: 1.0PURPOSE Kitchener is a vibrant community where the best forms of public art explore our diversity, tell our stories, and welcome artists to use creativity and imagination to make our public spaces landmarks and gathering places. The goal of the public art policy is to contribute to the City’s cultural identity and its strategic priorities. Better quality of life, increased social cohesion, good urban design, broad community involvement, increased potential for economic development and public access to the arts are some of the intended benefits. 2.0SCOPE 2.1 The policy serves the City of Kitchener’s many neighbourhoods. It supports the development of partnerships with the general public, the arts community and arts service organizations, and with institutional and private sector partners. 2.2 Two citizen advisory committees are directly involved in the public art program: the Arts and Culture Advisory Committee and the Public Art Working Group. 2.3 The policy affects the following City departments: Economic Development, Finance, Legal, Facilities Management, Community Services, and Development and Technical Services (Planning, Engineering). The Arts and Culture Unit, Community Services Department, is primarily responsible for policy implementation. KITCHENERPage 1 of 6 DECEMBER 2008 í ó ç POLICY NUMBER:I-485 POLICY TYPE: FACILITY SUBJECT: PUBLIC ART POLICY 2.0SCOPE, CONT’D 2.4 The policy governs programming which results in the permanent acquisition and/or temporary display of public artworks. Program funding derives from a one percent allocation applied to civic projects with construction budgets over $100,000. The municipal public art collection develops through this program. Eligible projects are new construction projects and construction projects that produce major change in the scope of a facility such as new programs, services, functions. Maintenance projects are ineligible. Capital projects funded through other levels of government are ineligible. 2.5 The policy does not govern programming under the Industrial Artifacts Project title, nor the Artist-in-Residence program. 3.0DEFINITION Public Art : original art works, permanent or temporary, in any medium or discipline, placed, incorporated or performed in publicly accessible indoor or outdoor locations in response to the site and for the benefit of the public. For the purposes of this policy, Public Art does not include plaques, archival collections or heritage assets already supported by other budgets, committees and policies. 4.0POLICY 4.1 Through the public art program, the City acquires art works of excellent quality for the purpose of permanent or temporary displays in public places such as civic buildings, civic plazas, streetscapes, and open spaces (parks, trails). 4.2 A master plan for public art contains strategies for the best use of funding and preferred sites based on specific criteria. Criteria for preferred public art sites and art works include high visibility locations and appropriate scale, ease of public access, relevance to the community, ease of maintenance, consistency with the City’s Urban Design Guidelines and Neighbourhood Design Guidelines, quality of the art work, budget considerations and equitable distribution of sites throughout the City. KITCHENERPage 2 of 6 December 2008 í ó ïð POLICY NUMBER:I-485 POLICY TYPE: FACILITY SUBJECT: PUBLIC ART POLICY 4.3 One percent of the costs of civic projects with construction budgets in excess of $100,000 are allocated to a consolidated public art capital account. The maximum allocation at the one percent contribution is $300,000. 4.0POLICY, CONT’D 4.4 Civic construction projects contributing to the consolidated capital account are eligible for a public art project as follows: (a) Projects that generate less than $10,000 (e.g. one percent of a capital budget less than $1 million) are supplemented from the consolidated account to the $10,000 level for any one public art project (b) Construction projects that generate more than $100,000 (e.g. one percent of a capital budget greater than $10 million) will consume 60% of the one percent allocation for their public art project. The remaining 40% of the one percent allocation is contributed to the consolidated fund for use by smaller projects and to complete the priorities of the community as expressed in the public art master plan. (c ) Construction projects that generate an amount between $10,000 and $100,000 will consume the exact amount of the percent allocation for their public art project. 4.5 The consolidated account enables a choice of options for public art projects: (a) public art projects at civic sites, (b) temporary installation projects such as digital projections on the Berlin Tower, (c) promotion of the collection and public education. 4.6 Eligible construction project budgets are identified annually during the capital budget process. 4.7 The program continues to support public art objectives as described in the Official Plan and other approved planning documents. KITCHENERPage 3 of 6 December 2008 í ó ïï POLICY NUMBER:I-485 POLICY TYPE: FACILITY SUBJECT: PUBLIC ART POLICY 4.8 The City engages in public art partnerships with the private sector, the institutional sector, arts organizations, and other governments. 4.9 The City encourages the private development sector to participate voluntarily in the percent for art program. 4.0POLICY, CONT’D 4.10 In construction projects for which the City has provided grants or loans to an outside agency, the terms of the loan or grant agreement include a requirement for public art to be included in that project. The grant or loan must be in excess of $100,000. The one percent allocation will not exceed $300,000. 4.11 The public art collection is documented and maintained to the highest standards. Exempt public art maintenance and repair work from the Purchasing Policy requirements when necessary to enable artists and materials experts to perform this specialized work on the collection. 5.0IMPLEMENTATION 5.1 Roles and Responsibilities 5.1.1 The Arts and Culture Unit manages the public art program and is responsible for project development and monitoring, competition processes, collection management, communications, and partnership creation. However, the program’s implementation depends on participation from many departments in varying degrees. These roles range from contract preparation to art work maintenance. 5.1.2. The Arts and Culture Advisory Committee’s permanent sub- committee, the Public Art Working Group (PAWG), provides specialized advice on policy, program and projects and champions the program in the community. All acquisitions, whether by competition-derived commission, direct purchase, or donation, are reviewed by PAWG and then by the Arts and Culture Advisory Committee. This advisory committee support is communicated to Council when recommendations are made. PAWG members routinely serve on competition juries. KITCHENERPage 4 of 6 December 2008 í ó ïî POLICY NUMBER:I-485 POLICY TYPE: FACILITY SUBJECT: PUBLIC ART POLICY 5.1.3. Both the general community and members of the arts community participate in competition juries to provide balance and stakeholder involvement. Ward councillors are invited to participate on a public art juries which serve their wards. 5.1.4 Public art celebrations are designed to be public events. 5.0IMPLEMENTATION, CONT’D 5.2 Project Planning Public art information is included in RFP documents for eligible construction projects. With this approach, public art is integrated earlier into the capital project for both efficiency and optimum results. 5.3 Acquisition Methods A variety of acquisition methods are used to better serve the needs of unique projects and situations and the overall mandate of the collection. Open competition-generated commissions, invitational competition-generated commissions, direct purchases and donations are used. 5.5 Jury Procedures Competition juries ensure a fair public process through balanced participation by community representatives, other project stakeholders and professional arts community representatives. Competition juries function in accordance with established procedures. 5.6 Technical Review of Proposals All commission proposals derived from competitions, and proposals for direct purchases, are reviewed by an interdepartmental staff team and, as needs warrant, by outside experts, to assess compliance with mechanical, structural, health and safety, and maintenance requirements. KITCHENERPage 5 of 6 December 2008 í ó ïí POLICY NUMBER:I-485 POLICY TYPE: FACILITY SUBJECT: PUBLIC ART POLICY 5.7 Education Public education strategies include, but are not limited to, participation on juries, communication tools such as signage, artist talks, brochures, website information, and public art symposia. KITCHENERPage 6 of 6 December 2008 í ó ïì APPENDIX B Public Art Five-Year Plan Public Survey Public consultation Early in 2010 a public survey was advertised: “What makes a place special? Location? Landscape? Use? Memories? The City of Kitchener has been recognizing and celebrating special places for the last decade by installing public art at or near them. Each of these art works is one-of-a-kind, made just for that location, and tells a story about living in Kitchener. We know there are other locations and other stories of significance. If you know of a great location for public art, or if you have a compelling story about Kitchener, we want to hear from you.” The survey asked respondents to answer two questions: (1) Identify up to 10 important sites for public art in Kitchener. The best sites have some of the following qualities: easy to see close-up or from a distance; well lighted; well- travelled area; crossroads/intersection nearby; other well-used amenities nearby; significant park or trailhead; neighbourhood focal point; heritage or cultural part of town; downtown location. (2) Do you know some important Kitchener stories? These may be about unique projects, people or things. Limit your response to a maximum description of 250 words. You may include up to three stories. Survey Results Identified sites The most frequently identified sites (in ranked order) for public art were - Parks, parkettes, sports facilities - Victoria Park - Downtown/King Street - City Hall - Farmers’ Market Reviewing the respondents’ choices of the above-listed locations for public art, it was clear that people are unaware of the public art already in their community. At Victoria Park, we have Queen Victoria, the Canoe and The Luggage Project. At City Hall we have Millennium Thumbprints, Horsepower and Anvil. At the Market, there is the Sweet Pea fountain. We need better public education through promotion of the collection. One improvement in public art information is provided by the city’s new website. Important stories submitted: (i) Reminders of our heritage. For example, one respondent said how nice it would be to have a commemoration of the ball park that was once at Victoria Park. Another identified the need to include First Nations and pre-settlement stories. (ii) Community diversity. For example, a newcomer felt comfortable and welcome when he realized what a multicultural community he had arrived in. (iii) Commemoration/recognition of achievement. For example, a respondent urged the creation of a bronze commemorative sculpture of Mr Harry Watts, WW 1 í ó ïë II veteran. Another talked about “The General” Frank Groff (deceased) and his contribution to the Bridgeport neighbourhood. (iv) Defining place/identity. For example, Hwy 8 and the Grand River landscape are significant and deserve large scale public art. Other Suggestions Interpretive signage would provide needed information for public art works Use media such as projection and light to create high tech public art 2 í ó ïê APPENDIX C City of Kitchener Public Art Collection Collection Management Guidelines 1.0 Background Policy I-816 (Financial) – Public Art, was approved by Council on December 8, 2008. This financial policy established a funding mechanism designed to allow more flexibility in the public art program. A broader program scope now includes temporary installations and projects that are not tied to construction projects. The policy further recommended the development of a public art master plan to assist with the management of the public art program. The collection management guidelines are an appendix to the master plan. 2.0 Mandate of the Public Art Program The City of Kitchener’s public art program acquires, exhibits and maintains original art works. The program supports the temporary installation and/or performance of original works of art. The program promotes the program and makes information about the collection accessible to the public. Definition – Public Art Original art works, permanent or temporary, in any medium or discipline, placed, incorporated or performed in publicly accessible indoor or outdoor public locations in response to the site and for the benefit of the public. 3.0 Roles and Responsibilities 3.1 The City of Kitchener funds the program and, as owner, is steward of the collection held in trust for the citizens of Kitchener. City of Kitchener staff is responsible for managing the collection according to the guidelines presented in this document. 3.2 City staff work with volunteers through the Public Art Working Group (PAWG) and the Arts and Culture Advisory Committee (ACAC). PAWG is a permanent sub- committee of ACAC, dealing primarily with the City’s visual arts programming. ACAC provides advice to Council on arts and culture matters. 3.3 Acquisitions are considered for the collection by Community Services Department in consultation with staff in affected departments and relevant committees and communities. Acquisitions through commissioning, direct purchase, or donations are approved by Council. 1 í ó ïé 4.0 Nature of the Collection 4.1 The Public Art Collection consists of art works acquired through commissions, direct purchase and donations. Commissions are funded through the City’s 1% percent-for-art funding mechanism. The collection reflects the municipal principles of inclusion, diversity, accountability, fair process, and community engagement. Many local artists are represented in the collection, and the majority of works were acquired through public processes with modest budgets. Therefore, the collection is broadly representative rather than specific or specialized. As with any public competitive process, art selection is subject to the availability and quality of the competitors’ proposals. However, beyond the constraints of public process, the City strives for acquisitions and exhibitions of high quality, site relevance and the works’ ability to engage the public. 4.2 Percent-for-Art Collection Since 1993, with the acquisition of “Horsepower” and its installation at the Duke Street entrance to City Hall, 15 additional artworks have come to the collection through competition processes. Locations include, Victoria Park; Country Hills, Forest Heights, Stanley Park, Chandler Mowat, Victoria Hills and Downtown Community Centres; Kitchener Market; Kitchener Memorial Auditorium Complex; and, Activa Sportsplex (nine neighbourhoods). Materials span a broad range from cast cement to stainless steel, depending on the needs and constraints of their sites. Again, many local artists are represented. 4.3 Donations The collection has three examples of donated artworks. “Queen Victoria” by Raffaele Zaccaquini was unveiled on Victoria Day, May 1911. The Princess of Wales Chapter of the IODE raised the $6,000 needed for the monument. In 1998, a pair of cast cement figurative sculptures, created circa 1938 by Helen Waimel Robertson and now known as the Bullas sculptures, was donated to the City. The works once graced a fountain in front th of a local business owned by Mr. Bullas. They are the only mid-20 century works in the City’s collection. In 2005, Kitchener Professional Fire Fighters Association donated a bronze by Tim Schmaltz for installation in Civic Centre Park. “Protecting the Memory” and “Queen Victoria” are both commemorative sculptures. 4.4 Storage and Maintenance There is no dedicated, secure and climate-controlled storage for public art at the present time. Installations of work have been permanent, rather than temporary. The City has not yet established a routine maintenance plan, although when works are in need of attention, conservation is undertaken through contracts with the artists who created the works or with specialists as required. 5.0 Collection Development 5.1 In developing the collection, the primary objective is to fulfill the vision of the public art policy: 2 í ó ïè “Kitchener is a vibrant community where the best forms of public art explore our diversity, tell our stories, and welcome artists to use creativity and imagination to make our public spaces landmarks and gathering places.” 5.2 Collection development is based on A collection vision Policy directives Master plan implementation strategies Available funding Available staff resources Conservation and maintenance requirements 6.0 Procedures – General Principles 6.1 The City of Kitchener public art collection reflects the municipal principles of inclusion, diversity, accountability and fair process, and community engagement. 6.2 To be considered for acquisition, art works must be original and unique. 6.3 All acquisitions have regular, professional maintenance. 6.4 All acquisitions are formally accessioned through collection management procedures. 7.0 Acquisition 7.1 Criteria for Acquisition Acquisitions are based on the following criteria: relevance of an art work to the program’s vision and mandate availability of the human and financial resources required to acquire, document, preserve, store and exhibit the item quality of the work safety related to materials and fabrication; technical and financial feasibility of installation the existence of relevant and adequate display sites, indoor and outdoor oral or written documentation to support ownership, authenticity, study, and care in the case of a donated item, absence of restrictions from the donor on the use or disposition of the item legal agreement where appropriate 7.2 Approval Process 7.2.1 Potential acquisitions are presented to Council by staff, after presentation to PAWG and ACAC. 7.2.2 In the case of a donor requesting a tax receipt, a report will be prepared for Council’s consideration. 3 í ó ïç 7.3 Methods of Acquisition 7.3.1 Items are acquired through donation, bequest, direct purchase or commission resulting from a competitive process. Gift/bequest/donation – an item may be accepted from any source, including staff members. A document equivalent to a donation form, such as a will, will serve the same purpose. Donation includes any assignable rights. The City of Kitchener will not knowingly accept a donated item whose ownership is in question. Direct Purchase – in cases where a particular artist’s work is suitable for and responsive to a site, the city may exercise the option to purchase. Such purchases are presented to PAWG and ACAC before being forwarded to Council for approval. Commission – Commissions are awarded to artists through Council approvals. All commissions are subject to legal agreements prepared by the City Solicitor. Commissions are awarded after the completion of a competition process. Competitions may be open or invitational, depending on the needs of the project. Competition short-listing and final selections are made by juries comprised of project stakeholders, visual arts professionals, and the ward councilor. Each project has its own jury. Juries are used to assess applications submitted by individual artists to a specific deadline. Juries may (1) select a winning submission or proposal, (2) select a short list of candidates to go on to a second stage when the competition is in two stages (3) agree not to select a winning candidate. The jury’s motion is forwarded by staff to PAWG and ACAC, before being presented to Council for approval. The City reserves the right to cancel a competition at any time up to and including a Council decision. 7.4 Income Tax receipts and appraisals 7.4.1 Income tax receipts for items are available to donors. The receipt will reflect fair market value at the time of the acquisition, determined by an independent appraisal in accordance with Canada Revenue Agency requirements. 8.0 Documentation 8.1 The City of Kitchener accurately and thoroughly documents the collection to fulfill its stewardship role. 8.2 Documentation will be the responsibility of designated City of Kitchener staff. 8.3 All transactions pertaining to the items in the collection including accession, de- accession, moving, maintenance and conservation work must be documented. 8.4 Administrative forms such as Donation Forms will be consistent in format with those used by Corporate Records Department. 8.5 Information about the collection will be accessible by the public under reasonable conditions with the exception of information restricted through the Municipal Freedom of 4 í ó îð Information and Protection of Privacy Act, and through restrictions placed on public accessibility related to personal privacy and confidentiality by the donor. 9.0 Loans 9.1 As the public art collection comprises art works that are on permanent display and specific to their location or site, loans are not feasible. 10.0 De-accessioning DEFINITION: De-accessioning refers to the permanent removal of items from the collection originally acquired on a temporary or permanent basis. 10.1 The City of Kitchener reserves the right to remove objects from its public art collection under the following conditions: legal compliance (proof of ownership; maintenance of the integrity of the public trust) the item’s non-conformity to the collection mandate the item has deteriorated to a non-restorable condition the item has been lost, stolen, or damaged beyond repair the program is unable to preserve and display the item in compliance with its mandate. 10.2 Methods of Disposition 10.2.1 A decision to de-accession must be based on the recommendation of City staff with consultation received from PAWG and ACAC. The consent to de-accession shall be recorded in writing and remain as an integral part of the documentation pertaining to the transaction and the object’s city collection history. 10.2.2 First consideration is given to a not-for-profit institution that can provide a high level of care for the object and can continue to keep the object accessible to the public. Second consideration is given to the disposal of objects through public sale. 10.2.3 The object will not be transferred for ownership to any employee of the City, or any person associated with the program. 10.2.4 De-accessioning will be by means of gift, exchange, sale or intentional discard (destruction of an object that has lost its integrity, or cannot be legally gifted or sold). 10.2.5 The disposition must be documented. 11.0 Preservation, Conservation, Maintenance 11.1 The City of Kitchener acts as a steward for the collection. 11.2 The City maintains the collection in the best display condition possible supported by the Public Art Maintenance account. 5 í ó îï 11.3 Uncomplicated and routine condition recording and maintenance may be carried out by city staff trained in the care of the art works. More demanding work requires the experience and knowledge of experts in various media. In some cases, this may be the artist who created the work. A reference list of specialists is compiled in order to expedite the RFQ process. 11.4 Acquisitions must meet safety requirements and be made of durable materials requiring a minimum of maintenance. 11.5 Storage of items not on display must be secure and climate-controlled. 12.0 Legal Agreements, Indemnity and Insurance 12.1 The Legal Department prepares commission contracts which are signed by the mayor and the affected artist. The contract makes provision for altering the agreement should the need arise. 12.2 In addition to any other requirement herein, the Artist shall protect and defend the City and indemnify and hold it harmless from any and all claims, demands, actions, losses, causes of action, proceedings, suits, damages, expenses or liability of any kind, including reasonable legal fees and expenses of litigation, brought by any person, whether in respect of damage to person or property, or in respect of any damage whatsoever, arising from any occurrence occasioned in whole or in part, directly or indirectly, by an act or omission or negligence of the Artist, his/her agents, servants, employees, subcontractors or customers, or arising out of any breach, violation or non- performance of this Agreement. 12.3 General Liability Insurance : The Artist shall maintain liability insurance acceptable to the City throughout the term of this Agreement. Coverage shall consist of a comprehensive policy of public liability and property damage insurance in an amount of Such insurance shall name The Corporation not less than $2,000,000 per occurrence. of the City of Kitchener as an additional insured thereunder and shall be endorsed to include a Cross-Liability Endorsement with a Severability of Interests Clause, Premises and Operations Liability, Blanket Contractual Liability, Products / Completed Operations Liability, Personal Injury Liability and Non-Owned Automobile Liability. 12.4 Provisions: The Artist shall forward a Certificate of Insurance on the City’s Form (STANDARD CERTIFICATE OF INSURANCE located on the internet at http://www.kitchener.ca/tender.asp) evidencing this insurance with the executed Agreement. The Certificate shall state that coverage will not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail to the City. It is also understood and agreed that in the event of a claim any deductible or self-insured retention under this policy of insurance shall be the sole responsibility of the Artist and that this coverage shall be primary insurance as respects the City. Any insurance or self- 6 í ó îî insurance maintained by the City shall be considered excess of the Contractor's insurance and shall not contribute with it. The City reserves the right to modify the insurance requirements as deemed suitable. 12.5 The collection is a city asset valued and insured at the level of the original commission or purchase amounts. 13.0 Program Review The public art program will be reviewed every five years to ensure relevance, accountability and adequate funding levels. 7 í ó îí APPENDIX D Schedule of Public Art Projects 1. Projects already in progress : Projects in various stages of development, from 2010 – 2013, organized according to installation date: 2010201120122013 MunicipalConsolidated Parking facility, Kitchener Garage at MaintenanceCivic Centre Library, Queen Charles and FacilityStreet Benton Country Hills Kingsdale CommunityCommunity LibraryCentre McLennan Park Belmont Avenue BullasOtto Street sculptures restoration Digital projections on the Cube – Student Videos 2. Eligible projects in capital budget forecast (2009 – 2015) (a) Community Services Doon Valley Golf Course expansion (2010) Three splash pads (2011) Vogelsang Green (2013) Mill Courtland Community Centre addition (2012) New Indoor Pool (2014 – 2016) (b) Development and Technical Services According to the 2009 – 2015 capital budget forecast, contributions from sixteen projects with average construction costs of about $250,000 provide a total of $50,000 for the public art program. The high profile Otto Street reconstruction (2010/2011) stands out as a priority site for the use of these funds. (c) Economic Development City Centre Interior Park (2015) 3. New Projects 2011 – 2016: Public art confirmed; estimated installation dates 20112012201320142015 Doon Valley Mill Courtland VogelsangNew Indoor City Centre Golf Course CommunityGreenPoolInterior Park Centre í ó îì Parking facility, Civic District CAFKA legacy project (extended temporary) Otto Street Student Video Competition (Cube projections) Public art promotional brochure Guidelines for developers (brochure) í ó îë