March 2010

Public Arts Terms of Reference

1. Purpose of Report

1.1 To provide a set of protocols for the commissioning, donation and

decommissioning of public artwork for the Arts Steering group responsible for
the Building Schools for the Future (BSF) investment linked to the Local
Education Partnership.(LEP)

1.2 The definition of ‘art’ as referred to in this document is: a product or

process that has had the input of a creative individual contracted for the
purposes of artistic expertise. The resulting work needs to be accessible
and/or visible to the public.

1.3 As defined in the Bolton planning guidance document, contemporary

public art is often referred to as "site specific", being created specifically for
the space it inhabits, taking into account the usage, function, character and
history of the space; as opposed to 'siting’ art in public spaces, involving the
procurement of art works which are placed in public spaces, rather like a
public gallery.

1.4 Public art will generally comprise the work of a fine artist or craftsperson
that is physically and/or visually accessible to the public, outside the
traditional arenas for visual art such as galleries and museums. It may also
have a secondary function, such as being decorative, or it may be an end in
itself. It can be temporary or permanent, and can incorporate any medium,
from traditional bronze, to digital-projection and light works. Works of public
art may be freestanding or incorporated into the fabric, fixtures or furniture of
a building, or they may be part of the surroundings in rural or urban
environments.

2. Arts Protocols

2.1 The Arts Steering Group aims to commission arts projects and artworks
which reflect the aims of its arts strategies:
• Complements high quality urban design and increases the quality of
the environment.
• Commissions an artist at the earliest opportunity. I.e. stage 1.
 • Offers local employment opportunities.
• Conforms to planning regulations.
• Identifies clear financial requirements and provides adequate funding
solutions where necessary. E.g. Joint funding bids.
• Is accessible and/ or visible to the public.
• Comprises the work of a fine artist or craftsperson and is temporary or
permanent in nature.
• Should reflect best practice in consultation, collaboration and input
from a range of communities depending on the requirements of the
project.
• Considers future maintenance requirements.

Additional factors that will be considered are:

• Enhance the school and learning environment
• Recognise the significance of the new schools
• Engage with the local community.
• Meet the requirement of each Local Authority
• Will be specific to each school.
• Encourages artwork which is multisensory.

2.2 The LEP has formed a senior-level Arts Steering Board, currently chaired
by (insert nominated person). The terms of reference of the Arts Steering
Board are:

• the development of arts strategy and policy;

• the development of a sustainable arts programme against
percent for art;
• recommendations on arts priorities
• To report and recommend as necessary to the LEP.

2.3 A variety of projects will be developed by the Steering Group in

collaboration with partners in order to support the aims of the strategy. The
protocols below provide guidance in order to ensure a consistent approach so
that artwork in the new schools and environment positively contributes to the
Steering Group’s arts strategy.

3. Guidelines for Assessment

3.1 All artworks and arts projects proposed for the schools will be assessed
for quality by the Arts Steering Board or an arts sub-group. Consideration will
be given, in each case, on whether external arts professionals, relevant staff
members or members of pupil groups should attend arts evaluation meetings
for larger-scale projects. Feedback and evaluation from participants of
projects will contribute towards assessment of quality.

3.1 Proposals will seek to include the commissioning of an artist at the earliest
convenience. The Arts Steering group seeks to commission an artist for each
opportunity through proposal and evaluation taking place at Stage 1.
Evaluation of the Arts delivery would be continuous with a formal review
taking place during Stage 2.

3.1 The criteria used to assess quality for commissions, decommissions and
short and long term loans will include:

• contribution towards meeting the objectives of the Arts Strategy

• Quality of experience for pupils and staff – does the work support the
curriculum, encourage participants to engage in their surroundings in
different ways, or support staff in their CPD?
• Creative scope – does arts management of the project support the
creative development of ideas?
• historic interest
• Contribution to LEPs broader regeneration aims – will the projects
support cultural developments or community development or
engagement?
• Innovation – does the artwork or art project reflect new developments
in the creative arts?
• Context – does the artwork or art project have relevance to the area or
scenario it is intended for?
• Design of the new schools – does the work harmonise with the design
and function of the schools?
• Technical requirements. Are there technical requirements which
impact on the suitability of the artwork e.g. support structures, lighting
or other infrastructure issues?
• Health and Safety – does the work comply with Health and Safety
standards of the LEP?
• Sustainability – will the work have lasting benefit? Is the work
sustainable in practical terms, for example quality in terms of durability
of materials?
• Financial and risk considerations. This includes any direct one-off cost
of the artwork; rental costs; costs of fixing; life cycle and maintenance
costs; and, where relevant, costs of transfer. Consideration will also be
given to any relevant risks, other health and safety issues and the
Steering Group’s image.
3.2 These are intended minimum criteria. Additional criteria may be added to
reflect the aims of particular projects and as the Arts Programme develops.

4. Commissioning Guidelines

4.1 The arts commissioning process will be managed by the Arts Programme
Manager and Arts Steering Board. The commissioning process across the
Steering Board should reflect best practice in public art management by
ensuring clear communication and transparency in all aspects of
commissioning, which includes:

Recruitment/advertising
Evaluation and selection
Contract negotiations and agreements
Consent issues and CRB checks
Budget planning and fees process
Briefing
Artist’s Research, Development and training
Designs
Final costings
Fabrication
Monitoring
Installation
Launch
Feedback and evaluation

Further guidelines on commissioning protocol

4.2 If staff wish to commission a new piece of art for the schools, or are
offered funding to commission new artworks, they should contact the Arts
Programme Manager who will provide guidance.

4.3 No arts project or commission of any scale should proceed in the schools
without prior written agreement in the form of a letter of agreement or
contract.

4.4 All fixing or installation of artwork will be carried out by LEP or their sub-
contractor only.

4.5 Technical requirements which impact on the suitability of the artwork e.g.
support structures, lighting or other infrastructure issues, will be central to the
commissioning process as will financial and risk considerations. This includes
any direct one-off costs of the artwork; rental costs; costs of fixing; life cycle
and maintenance costs and, where relevant, costs of transfer.

4.6 All projects will include clear guidance and briefing for artists in terms of
delivery protocols. Relevant departments will be consulted on issues related
to security, health and safety, communications, estates, and all areas relevant
to the safety of people within the school and the reputation of the schools.

4.7 The dignity, respect and privacy of participants in projects will be

protected at all times.

5. Donations, Loans, Renting and Temporary Exhibitions

5.1 Acceptance of artwork can be as follows:

• acceptance as part of the Steering Group’s permanent collection

where ownership transfers to the Steering Group
• long-term loan (6 months to 3 years) where ownership remains with
the donor
• Short-term loan or exhibition (less than six months).

5.2 The protocols below outline the principles the Steering Group takes into
account when acquiring artworks, when artworks are gifted/donated or loaned
to the schools including loans by arts organisations (for example exhibition
tours, and individual pieces loaned for a temporary exhibition) or rented:

• the Steering Group recognises, that in practice many minor or low

value items are not accompanied by detailed proof of origin, or
conditions of use, and reserves the right to use its best judgement as
to whether such objects are accepted;
• The Steering Group will not accept artworks unless they are legally
available for acquisition, rental or loan. If the Steering Group is in
doubt it will not proceed with the acquisition, rental or loan;
• Donors, or staff members should complete a written record to
demonstrate that due diligence has been exercised in respect of title
and provenance when accepting any artworks donated;
• the Steering Group will not accept whether as a gift or bequest, or
purchase, any artwork without obtaining the confirmation of the donor
along with copyright of images, executor or seller that s/he owns the
object, or is able to transfer it free from encumbrances;
• donations, loans or rented works will be accepted only after the costs
of acquisition, transport, maintenance, storage and display have been
 identified and fully funded;
• costs of transporting artwork will normally be the responsibility of the
donor
• donors must frame artwork if required and this must be in perspex not
glass
• Gifts will not be accepted subject to conditions which are unreasonable
or onerous.

5.3 The Steering Group will:

• ensure the artist and / or organisation are appropriately credited;

• The Steering Group will insure artwork where it has been accepted as
part of the Steering Group’s permanent collection.

• Endeavour to protect artwork as far as possible in a busy public

working environment.

6. Display and Exhibition Guidance

6.1 in conjunction with school staff, the Steering Group is aiming for a ‘clutter-
free’ environment which should help ensure that:

• wayfinding is easier for users;

• cleaning is easier for domestic staff;
• information literature (such as leaflets and posters about school
environment) is easy to find;
• the appearance of the schools is maintained to high standard;
• artwork is displayed to the best advantage;
• artwork is harmonious with the design of the schools.

6.2 Leaflets and posters:

• leaflets and posters should be displayed in designated areas (such as

information notice boards or carousels);
• Personal or hand written posters and notices should not be affixed to
walls, doors or areas that are not designated as information areas.

6.3 Exhibitions:

• Paintings, 2D works and wall-based artworks should be covered in

perspex if they are not cleanable (i.e. soft surfaces such as tapestry will
require perspex covering);
• There will be designated exhibition and display areas for artworks in
 the schools. If intending to display artworks outside of these areas,
staff must consult the Arts Programme Manager. This is because
unknown costs may be incurred or health and safety standards may be
compromised.

7. Recommendations

7.1 That the Arts Steering Board adopt the protocols and guidance given in
this report which should be revised at six (6) monthly intervals to ensure
continuing relevance.