Terms of Reference

PUBLIC ART ADVISORY COMMITTEE BACKGROUND In keeping with the Artistic Expression and Vibrancy goal of the 2014-2024 Tofino Arts and Culture Master Plan (2013), the District of Tofino wishes to encourage an artful public realm. In 2014, Point of View, the public art policy and program of the District of Tofino, was developed to provide the mechanism for the development of a collection of commissioned artworks funded by the District, a District-owned collection received by donation, and/or through its community public art program. To enable the District to move forward with the public art program and policy as laid out in Point of View, the Public Art Advisory Committee will coordinate and liaise with District of Tofino staff, providing community input and subject matter expertise on matters relating to public art. District staff will act as the primary administrators for the program and policy; however staff may delegate certain tasks including project management, making recommendations to Council, prioritization of expressions of interest and the selection of qualified artists to the Public Art Advisory Committee. ESTABLISHMENT & AUTHORITY

The Committee is established and its members appointed by the District of Tofino Council (Council) in accordance with section 142 of the Community Charter [select committees of Council].

The Committee is to act in an advisory capacity providing its findings, opinions and recommendations to Council on matters within its Terms of Reference, and as referred by Council.

The Committee is to be known as the Public Art Advisory Committee (Committee). PURPOSE

The purpose of the Committee is to provide advice and make recommendations to Council on matters related to Public Art. In accordance with the Guidelines for Public Art Projects (Point of View, 2014), attached as Appendix A to this Terms of Reference, the Committee will undertake the following:

Advise the District of Tofino on public art issues and trends relevant to the Public Art Program

and Policy or related public art initiatives.

Advise and consult on specific issues, such as donations, proposals and commissions of work.

Nominate one of their members and other qualified individuals per the Public Art Policy.

Determine the type of competition to be held for a particular art project, and to review the Call

to Artists and the Competition Brief.

MEMBERSHIP

Composition The Committee will consist of 5 members who are experienced and/or trained in aspects of visual art. The Committee will reflect Tofino’s cultural diversity and geographic setting.

Membership will be determined as follows:

One member of Council to serve as Chair

In the absence of the Chair, one member of Council to serve as Alternate Chair

4 community/stakeholder representatives from each of the following areas:

o 2 x Visual Artists

o 2 x Community Representatives

Appointment and Term (a) Members will be appointed by Council either directly or through an application process. (b) On establishment, half of the Committee members will be appointed for one 1-year term and

half for a 2-year term, both ending December 31st. Thereafter, members will be appointed for 2-year terms ending December 31st.

(c) Despite (a), Council member appointments will be for the term of office with appointments to be reviewed annually each December by Council.

(d) Members may resign at any time by providing written notice to the Committee Chair with copy to the District’s Corporate Officer.

(e) Appointments to fill any interim vacancies will be for the remainder of the term. (f) In accordance with section 144 of the Community Charter [Authority to Rescind Appointment],

Council may rescind an appointment at any time. Chair and Alternate a) The Chair and Alternate will be Council members in order to provide a direct communication link

between Council and the Committee. b) The Alternate will attend meetings in the absence of the Chair only. c) In the absence of the Chair and Alternate, the Committee will select a member to preside from

amongst those present. Responsibilities and Conduct a) Members are expected to attend all committee meetings and to participate in public consultation

activities, where applicable. b) Members shall conduct themselves in accordance with the District of Tofino Meeting Procedure

Bylaw and applicable legislation, including by declaring any conflicts of interest. c) Members shall not speak on behalf of the Committee or District of Tofino Council. MEETINGS Frequency a) The Committee will meet a minimum of 3 times a year on the days and times specified in its regular

meeting schedule to be established annually at the first meeting of the year (regular Committee meetings).

b) No regular Committee meetings will be held during the summer and winter breaks (July, August and December).

c) Special Committee meetings may be held at the call of the Chair. Meeting Procedures a) Meetings will be structured to encourage free and open discussion of relevant issues, and will be

conducted in accordance with the District of Tofino Meeting Procedure Bylaw (Procedure Bylaw).

b) Quorum is a majority of Committee members (3) and is required to conduct Committee business. c) All meetings are open to the public, except as provided in the Procedure Bylaw. d) Individuals that wish to address the Committee must seek prior approval by submitting a written

delegation request. Acceptance of any delegation requests will be at the discretion of the Chair. Agendas and Minutes a) Agendas and minutes will be made available to committee members and the public in accordance

with the Procedure Bylaw. COMMITTEE RESOURCES a) Professional consultants knowledgeable in visual arts and related matters may be appointed by the

District to attend meetings to provide advice and information. b) The Corporate Services Department will provide administrative and technical support. Public Art Advisory Committee Terms of Reference Appendices:

A. Guidelines for Public Art Projects (Point of View, 2014) Adopted: Regular Council meeting held August 23, 2016 Amended: Regular Council Meeting held January 10, 2017

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APPENDIx A: guIDElINEs FOr PublIc ArT PrOjEcTs*The following guideline is a companion document to Point of View: the District of Tofino Public Art Policy and Program. The Guideline outlines a step-by-step process for Council, District staff, the Public Art Advisory Committee, and Jury Panel to successfully manage District public art projects.

(* The Guidelines incorporate recognized public art project management practices and are adapted from the City of Richmond Administrative Procedures Manual, 2013, and the City of Victoria Art in Public Places Guidelines, 2011.)

guiDeline for Public Art ProjectsThe following procedures and guidelines will help ensure that the principles of the District of Tofino public art policy and program are incorporated into the implementation process. It should be noted that not all public art projects will require the same amount of time, financial support, staff resources or degree of detailed attention.

The composition of representatives and the roles and responsibilities of the Public Art Advisory Committee (PAAC) are included in the policy and program, however, the PAAC Terms of Reference form a separate document from the Public Art Policy and Program, and were adopted by Council on DATE.

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Public Art ProgrAm Process for Public Art Projects

Project imPlementAtion Process for District-sponsored Public Art Projects

• Approval of the Public Art Acquisition Reserve Fund: District staff will confi rm the budget as part of the annual fi nancial planning process.

• Identifi cation of Public Art Projects: The staff team will determine locations as part of the annual funding approval, in consultation with the Public Art Advisory Committee (herein after PAAC).

• Public art coordination for the project: District staff will provide the administration and project management for civic projects, or will select a designate. If the requirement of a public art contract coordinator is deemed necessary,

the naming of the coordinator will take place early in the process by the ChiefAdministrator;andthecontractcoordinator shall be briefed on the established parameters for the project by District staff.

• Calling of the Council-appointed Public Art Advisory Committee (PAAC): District staff shall advise the PAAC of the proposed project(s). The PAAC shall meet with staff to discuss policy issues, feasibility and make specifi c recommendations regarding the Call to Artists for the proposed project(s).

• Appointing of the Jury Panel: This panel is composed of people knowledgeable in the visual arts and public art who may reside outside of the District, and community representatives. Membership and appointments are outlined in Section 3 of the Public Art Policy and Program.

• Panelists and/or others consulted or asked to provide an evaluation of the proposals or artists’ qualifi cations will be paid an honorarium (ranging from $100 to $300 per panelist).

• Confl ict of Interest: Any participant in the District’s public art process, including District staff, PAAC members and advisors or representatives, must declare any direct or indirect benefi t to themselves, or their respective employers, partners, families or associates, which may arise from the District’s acquisition or de-accession of any public artwork or related activities, and will be required to remove themselves from such public art project processes.

• Design Team Projects: projects using a Design Team approach usually involve large public areas or large infrastructure projects. These projects can be collaborative and joint-venture in their sponsorship. A team composed of architects, artists and other design professionals collaboratively develop a master plan for an area or site and determine where the art will be placed.

1. Public Art Opportunities Identified

3. Public Art Plan Reviewed by PAAC

2. Public Art Plan Prepared by Proponent

4. Public Art Plan Presented to Council

5. Public Art Contribution Secured

6. Call to Artists Developed by PAAC

7. Artist Selection Process by Jury

8. Submit Jury’s Selection to Council for Information

9. Artist Authorized to Proceed

10. Project Completion

11. Project Documentation

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tyPes of Public Art ProjectsSmall projects

Small projects can be defined as those $10,000 and under. The Jury Panel for a small project may not need to be as extensive as that for a large project. Small projects may be sponsored by neighborhood or community groups.

Medium to Large Projects

These are projects with a budget from $15,000 to $350,000 and over. They are often complex and time-consuming in their execution. In special circumstances, large projects may require the contracting of a Public Art contractor. District staff or an external coordinator will address the diverse interests and provide the project management.

Joint Venture Projects

The partner in the joint venture must be represented on the PAAC selection Panel.

gifts AnD DonAtions Gifts and donations are usually initiated by private individuals or groups.

Municipal Process for the Consideration of Donations

• theproposalispresentedtoDistrictstaffby the prospective donor with all pertinent details assembled.

• Districtstaff,inconsultationwiththePAACcommittee, will prepare a recommendation to Council for acceptance or rejection of the proposal.

• Councilmakesitsdecision.

• Districtstaffshallbeassignedtomanagethe project.

Criteria/Factors for Acceptance of Donations

• Artisticmeritofthework.

• AbilityoftheDistricttocareforthework.

• Typeofworkbeingoffered.

• Significanceofthesubject.

• Availabilityofanappropriatesite.

• Suitabilityofthesubject/workfor public display.

• Publicsafetyandvandalismissues.

• Installationcosts.

• Districtliability.

• Maintenancerequirementsandcosts.

• Estimatedlifespanoftheworkand de-accessioning procedures.

• Valueoftheworkasdeterminedthroughan independent appraisal. (this step is imperative where the donor requests a tax receipt for the gift). A second opinion can be sought.

Agreement with the Donor

• IfCouncilacceptsthegift,staffshallconsolidate the agreement with the prospective donor. This would include the responsibility for all installation costs, and the establishment of a percentage contribution of the artwork’s assessed value into the PAAC maintenance Fund.

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estAblishing the comPetition PArAmeters Types of Competitions

Subject to the scope, size and budget of the project, the PAAC shall establish one of the following:

• Aone-stagecompetitionappliestoasmallproject,$10,000 or less. the District asks the artist to submit: resumes and slides of their work, a concrete proposal for the artwork and a budget that demonstrates that the work can be done for the amount stipulated. the PAAC selection Panel then reviews the entrants and selects a winner.

• Atwo-stagecompetitionisforamediumrange project of $15,000 – $75,000. The District asks the artists to submit resumes, slides and a conceptual approach to the project. The Jury Panel establishes a short-list. Short-listed artists are then asked to submit detailed proposals for a specific work with budget and construction details. The Jury Panel examines these proposals andmayinterviewthefinalists;thenselectsa winner.

• Athree-stagecompetitionisnecessaryfora large project with a budget of $75,000 or more, and may be national/international in scope. In a three-stage competition, the jury adjudicates all entrants on the basis of: resumes, slides and the conceptual approach to the project. Semi-finalists are selected. The semi-finalists are then asked to propose a specific work in sufficient detail to enable the jury to assess it. From these proposals, a list of finalists is established.

• Thefinalistsarethenaskedfordetailedproposals which may include engineering studies, models/maquettes and drawings to scale, a budget to demonstrate financial feasibility, details of materials to be used, a fabrication and installation timeline and budget, lighting requirements if any, and

an outline of maintenance and repair requirements. Artists who are shortlisted in this final stage are financially compensated for their maquettes and final proposals. A minimum fee ranges from $500 to $2,000. Thefinalistsareinterviewed;thejurythennames a winner.

• Maquettescanbepublicallydisplayedin District Village Hall for a limited time period.

methoDs for Artist selection The method of artist selection needs to be discussed by the PAAC very early in the process.

Subject to the nature of the project, the District shall establish one of the following:

• Opencompetition,whereinapubliccalltoArtists for expressions of interest is made within a stipulated geographical area (e.g., local, regional, provincial, national, international)

• Invitationalcompetition,whereinspecificartists, chosen on the basis of consultation with the PAAC committee, are invited to enter a competition

• Commissioning,whereinaspecificartistis commissioned to do the artwork. (Commissioning is more common in private projects or where a sponsor or architect wishes to make a pre-determined statement with the artwork.)

• Designteamappointment,aspartofacivic infrastructure project the architect invites an artist(s) to participate in a collaborative design process as a design team member.

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confiDentiAlity of the ProceeDings In the adjudication process, the aesthetic judgments regarding

the finalists’ proposed artworks are kept confidential and are not recorded. However the assessment of all other selection criteria such as: technical feasibility, safety, cost and maintenance issues, can be made public. Finalists desiring feedback on their artwork can have an opportunity to meet with members of the selection committee.

Duties of the constituent grouPs Public Art Coordination

District staff will provide the project management and administrative functions for each project. In special circumstances that require an external coordinator, he/she shall be briefed before proceeding. Specific tasks will include the following:

• Convenethecross-departmentalstaffteamto determine locations and chair the PAAC.

• Ensurethatalldecisionstoproceedareapproved by the Chief Administrative Officer (CAO).

• Setagendasandorganizemeetings,keeprecords of meetings and obtain meeting space.

• WorkwithDistrictcorporatecommunications staff to develop a Communications Plan for the project.

• Establishascheduleforallcompetitionactivities.

• PreparethecalltoArtistsandsubmittothe PAAC for consultation and review, and approval.

• PreparethecompetitionBriefandsubmitto the PAAC for approval.

• EnsuretheJuryPanelisselectedaccordingto the Public Art Policy.

• ContactJuryPanelmembersandestablishtimes and place.

• Receivethesubmissions.

• Reviewthesubmissionsforeligibility.

• Assemble,duplicateanddistributetheeligible submissions to the jury.

• Chairthemeeting(s)oftheJuryPanel.

• Notifyartistsofresultstodate.

• Informartistsofthescheduleforfurtherrequirements (second or third stage) and manage information going to the artists and Jury Panel and District staff.

• DistributefurtherproposalstotheJuryPanel.

• EnsurethatengineeringandPublicWorksand the risk manager’s comments on final submissions are taken to the Jury Panel for their final deliberations.

• ChairthemeetingoftheJuryPaneltoselect a winner/finalist.

• SubmittheJuryPanel’sfinalwinnertocouncil for ratification.

• Inthree-stagecompetitions,allofthefinalists’ maquettes can be displayed in District Village Hall for a one-month period once a decision is made.

• Consultthewinningartistoncontractconditions/negotiations.

• Ensurethatthecontractissignedandthework begins.

• Makecertainallpartiesareinformedofthedecisions and communicate with the public and other artists regarding the outcome of the competition.

• KeepconfidentialthenamesoftheJuryPanel until after the decision is made public.

• Atthispoint,theartistandtheDistrictshallcollaborate to complete and install the artwork.

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PAAC Committee The committee shall work with District staff who are responsible for the implementation of the specific project. In this role, the committee shall:

• Establishthecriteriafortheproject.

• Establishthetimelineforthecompetitionand the completion of the artwork.

• Determinethetypeofcompetition.

• Determinetheprocessfortheartistselection and advise on the Call to Artist.

• SuggestartiststositontheJuryPanel.

• AssignoneoftheirmemberstotheJuryPanel.

The Jury Panel

The Jury Panel shall be charged with the selection of the artist. Duties of the Jury Panel are:

• Toattendallmeetingsofthepanel

• Toreadallapplicationspriortoeachmeeting

• Toadjudicateusingtheestablishedcriteria

• Toactinafairandequitableway

• Torevealanypotentialconflictofinterest

• Tomaintainconfidentialityaboutalldiscussion at the Jury Panel table

• Toselectthewinnerofthecompetition

Assessment Criteria for the Adjudication of Proposals

• TheJuryPanelshallconsiderandevaluatethe following:

• Artisticmeritoftheartworkproposed

• Consistencywiththeparametersestablished for the competition

• Appropriatenesstothebuildingorsite

• Technicalfeasibility–cantheworkbebuiltas designed?

• Costfeasibility–cantheworkbebuiltwithin the budget?

• Durabilityandlifespan

• Easeofcareandmaintenance

• Publicsafetyconsiderations/riskmanagement concerns

• Vandalism

• Abilityoftheartisttocompletetheworkas submitted

• Abilityoftheartisttoworkinacollaborative situation if that is required

• Otherconsiderationsarisingfromtheprocess

comPetition Documents The Communications Plan

An internal communications plan will outline the responsibilities and timeline for reporting procedures to Council. The CAO will report as requested to Council on the progress of any given competition.

Call to Artists

The Call to Artists is an external public announcement that alerts potential entrants and other interested parties to the competition. District staff will ensure that the Call to Artists is widely advertised. The call should go out well in advance of the competition deadline to give entrants the opportunity to submit their proposal and plan their time.

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Competition Brief: Request for Expression of Interest

The Request for Expression of Interest is a detailed catalogue of the expectations of the District for the competition. It defines all aspects of the public art project and ensures that the District, the artist and the general public have the same expectations. The competition brief (expression of interest) should be in place before an announcement of the project is made. It shall contain:

• Adescriptionofthecompetition,including a statement of the purpose of the construction (if part of a construction project), historical and design background of the project, and where applicable, a description of the site, conditions of the competition, technical requirements for the work and a schedule/timeline which covers the competition period up to and including installation. The brief should also inform artists that an estimate of the lifespan of the work will be required of finalists.

• Thearchitect’sdesignstatement(ifpartofa construction project)

• Thebudgetfortheproject,givingaspecific dollar amount that the artist must work within

• Theeligibilitycriteriafortheentrant,suchas residency or experience requirements

• Thestagesinvolvedinthecompetitionandthe applicant’s requirements at each stage

• Thecriteriaforselectionoftheartistandthe proposed artwork

• Submissionrequirementssuchasresumes,digital files and statements of philosophy and approach to a specific project

• Anyparticularconditionsofentry,suchasavailability for interviews

• AcaveatstatingthattheselectionPanelreserves the right not to name a winner

• TheCompetitionBriefshallbepublicallyavailable and shall be posted on the District’s website at the time of the announcement of a competition.

Contract between the District and the Artist

The purpose of the contract is to protect the interests of the District and those of the artist and their work. Each competition will have its unique features and contracts must take this into account. The factors to be included can be, but are not necessarily limited to:

• Adescriptionoftheworkthesitewhereitwill be installed

• Atimelineforthecompletionofeachphase of the construction, transport and installation of the artwork

• AclausetoprotecttheDistrictwhichobligates the artist to insure their work, and time in the event that the artist is not able to complete the work

• Astatementofownershipoftheworkbythe District

• Astatementofownershipofthecopyrightby the artist. Copyright can be transferred to the owner of the work only through written permission of the artist

• AstatementofconditionsunderwhichtheDistrict may use the image without fear of copyright infringement

• Apaymentscheduleconsistentwiththetimeline agreed upon for various phases of the work and taking into account the up-front costs to the artist

• Theinstallationdateandconditions/responsibilities for installation

• Astatementbytheartistofmaterialsused,guidelines for repair of the work, who may do repair work, maintenance requirements and any other information necessary to the owner to maintain the work

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• Astatementagreedtobytheartistofthepotential lifespan of the work, and de-accessioning procedures

the District Public Art Acquisition reserVe AnD mAintenAnce funDs• ThepurposeoftheReserveFundisto

set aside public funds for the creation of public artwork whenever appropriate projects are identified in public areas.

• TheReserveFundwillensurethatpublicart is designated in public spaces on an semi-annual basis.

• ItwillguaranteethatresourcesfromDistrict construction project budgets will be used in order to do a significant public artwork.

• ManagementoftheReserveFundwillbe administered by District staff in consultation with the PAAC.

A cross-departmental staff team shall assist in the identification and annual review of public art sites and opportunities as part of the annual allocation of the Reserve Fund. This team is comprised of representatives from District departments: Parks, Public Works, and Planning. District staff will chair the team and coordinate projects. The staff team, with input from the PAAC, will:

• Holdregularmeetings(minimumofthreeper year) to determine sites for public art.

• Assessriskmanagementissues(re:safety and maintenance) of proposed projects that have been short-listed in competitions, and will provide feedback to the Jury Panel on any safety/risk management concerns.

De-Accessioning Projects Removal of an artwork from the collection may be necessary because it is in need of costly repair and maintenance, or it may pose a threat to public safety, or new initiatives may place the work at risk on its site.

• De-accessioningshallbeconsideredonlyafter a display period of 10 years unless the condition of the artwork dictates otherwise.

• Recommendationsforde-accessioningshall be reviewed by the PAAC through a careful assessment of the artwork, and decisions shall be relayed to the artist and the District.

• Thecommitteeshallassesstheartworkon the basis of the criteria by which it was acquired and shall avoid the influence of fluctuations of taste and the premature removal of the artwork.

• Ifadecisionismadetode-accession,theartist or their heirs shall be given the right of first refusal. The artwork may then:

– Be sold or traded through auction, art gallery bid or dealer resale, or direct bidding by individuals, in compliance with CRA guidelines, District law and policies governing surplus property.

– Be on long-term loan to another government agency.

Destruction of the work should be considered only if it has deteriorated or been damaged beyond repair at reasonable cost, or it is deemed to be of negligible value.

Proceeds from the sale of an artwork shall go to the Reserve Fund for the purposes of new acquisition or maintenance of works still in the collection.

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mAintenAnce AnD cAre of works Cleaning and General Maintenance

District Staff will establish a Public Art Maintenance Reserve Fund that will be used to annually to fund the repair, cleaning and maintenance of the District’s civic public art collection.

Filing of Information from the Artist

At the time of completion of a work, the artist shall give the District information and recommendations for cleaning the work. This information shall be maintained as a part of the file on the project and as a part of the inventory of public art. It shall be readily available to Parks, Public Works and Planning staff. This information shall include:

• Alistofthematerialsusedintheproduction of the artwork

• Anoutlineofconstructionmethodsthatmay affect how a work should be cleaned/maintained

• Arecommendedcleaningandmaintenance schedule

• Recommendationsforcleaningagents

• Alistofcleaningagentscontra-indicatedbecause of potential adverse chemical reactions

• Materialsthatcanbeusedforroutinemaintenance

• Materialsthatshouldnotbeusedforroutine maintenance because of the potential for negative impact to the work

• Assignmentofresponsibilityforcleaning

• Adigitalimageoftheartwork

Costs of Cleaning

• Assignmentoftheresponsibilityforthecost of cleaning shall be made at the completion of the project.

Repair to a Damaged Work

• Whereaworkrequiresrepair,theDistrictshall confer with the artist or their estate as to the best way to proceed.

• Costsofsuchrepairshallbeassignedtothe Public Art Maintenance Reserve Fund that is managed by District staff.

Where repairs to a work are extensive and costly, and where there is no guarantee of positive results, the District shall consult with the PAAC, and the artist or his/her estate to consider de-accessioning.