Public Art Policy Spelthorne Borough Council

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					                       Spelthorne Borough Council

                              Public Art Policy

                                January 2005

Table of Contents                                                    Page

Public Art Policy                                                          2
1. Background and Introduction                                             2
2. What is Public Art?                                                     3
3. The Benefits of Public Art                                              3
4. Mission Statement                                                       4
5. Objectives                                                              4
6. Budgets and Funding                                                     5
7. The Commissioning Process                                               6
8. Community Involvement                                                   7
9. Installation/Performance                                                7
10. Interpretation                                                         8
11. Maintenance and Cleaning                                               8
12. Monitoring and Evaluation                                              8
13. Advocacy and Awareness                                                 9
14. Decommissioning                                                        9

Appendix I - Best Practice Approaches to the Commissioning of Public Art   10
What do you want to achieve and how will you achieve it?                   10
How will you know you have achieved it?                                    10
Who needs to be involved?                                                  10
Do you need specialist advice?                                             10
Choosing the artist                                                        11
Involving the artist at the earliest stage possible                        11
Being flexible in your approach                                            12
Clarifying roles and responsibilities                                      12

Appendix II - Public Art Project Budgets                                   13

Appendix III - Sample Public Art Contract                                  15

Appendix IV - Further Sources of Information                               21

Appendix V - Actions                                                       22

                           Spelthorne Borough Council

                             Public Art Policy - DRAFT

1.          Introduction and Background

1.1         Spelthorne Borough Council has a good track record of
            encouraging public art, particularly in larger scale developments
            such as the redevelopment of Staines Town Centre including the
            pedestrianised High Street and the Two Rivers Shopping Centre in
            Staines. “Percent for Art”1 as a funding scheme has been
            informally promoted by the council for some years. Public art has
            been procured in the past either through the council‟s own capital
            works or by private developers, generally in consultation with the

1.2         The Spelthorne Borough Council Local Plan (2001) states:
            Policy BE3
            “Where appropriate development proposals will be encouraged to
            include an artistic element or work of art in their design or
            landscaping and which makes a contribution to the amenities of
            the area.”

1.3         However, across the borough there is an uneven geographic
            spread of public art, largely due to the recent developments in
            Staines town centre providing greater opportunities for the
            inclusion of public art.

1.4         Much of the public art commissioned up until 2004 has a visual
            theme relating to the borough‟s heritage and identity. Current
            public art tends to be in the form of more traditional sculpture, wall
            and floor murals and reliefs. There is potential to widen the scope
            of public art elements in developments within the borough.

1.5         There has been little community involvement or educational
            elements of public art projects. In 2004, a free leaflet titled
            “ArtWalk” was published by the Borough Council promoting key
            pieces of public art in the form of a public art trail. Several local
            schools have since used this document as a teaching resource
            within the context of both arts and environment. There is potential
            to develop the educational and community elements of public art

1.6         The following policy has been developed to underpin Spelthorne‟s
            strong record of producing public art. It sets clear attainable
  Percent for Art is a nationally recognised scheme, introduced in the 1980s. The scheme
advocates that a percentage of development costs should be allocated for an artistic element
for public benefit. Spelthorne Borough Council usually works with developers to agree a
percentage that is acceptable to both parties.

      objectives that expand upon Policy BE3 of the Local Plan. These
      will enable the Borough Council and its partners to capitalise
      further on the benefits of public art locally.

1.7   The policy is designed to be a working document and as such it
      contains several appendices to aid the process of developing
      public art projects, both for Council employees and also for
      external partners. These include best practice approaches and
      budgets to be considered when developing projects, a draft
      contract for artists, actions resulting from the implementation of the
      policy and a list of further sources of information.

2.    What is Public Art?

2.1   “Public art is difficult to define, and it‟s interpreted in different ways
      by different people. In general, the term is used to describe art
      which takes place outside traditional gallery spaces, and which is
      freely accessible to the public. It may be owned by public bodies
      such as local authorities, or health trusts, or by commercial
      organisations like private developers or retailers. It can mean
      permanent or temporary work, and can involve artists and
      craftspeople working as researchers, project developers and in
      residence with local communities, as well as creators of artworks,
      and its output can be performances or ideas as well as objects.
      The artwork commissioned can range from sculpture, film, or
      writing to artist designed functional items like lighting schemes or
      street furniture as well as more conventionally understood
      artworks. Sometimes outcomes like lighting schemes or colour
      strategies can bear the hand of the artists without appearing as a
      discreet artwork in their own right.”
      Taken from “Public Art in the South East”, published by South East
      England Development Agency and Arts Council South East, 2003.

3.    The Benefits of Public Art

3.1   Public art in all forms has an active role to play in the achievement
      of Spelthorne Borough Council‟s four priorities: making Spelthorne
      a better place; making Spelthorne a safer place; engaging with
      young people; and improving customer satisfaction.

3.2   The quality of the environment in which we live, work and play has
      a direct impact on our quality of life. The most obvious benefit of
      public art is the visual enhancement of a specific area. From this
      can stem pride and ownership of an area, in turn helping to reduce
      vandalism and crime. With community involvement in public art
      projects, the effects can be even wider reaching.

3.3   Making Spelthorne a Better Place:

      (a)    Improving the visual environment, contributing to
             regeneration and improved quality of life
      (b)    Creating a sense of identity and local distinctiveness
      (c)    Developing the cultural profile of an area and widening
             public access to the visual arts
      (d)    Stimulating economic growth by attracting new businesses
             and investment

3.4   Making Spelthorne a Safer Place:
      (a)   Enhancing pride and ownership of an area
      (b)   Helping to reduce vandalism and crime

3.5   Engaging Young People:
      (a)   Increased sense of empowerment when artists work
            directly with a community
      (b)   Engaging hard to reach or socially excluded groups by
            artists working directly with communities
      (c)   Developing creativity, social skills and confidence through

3.6   Increasing Customer Satisfaction:
      (a)    Engaging with the local community to actively involve them
             in the development of public art in their area
      (b)    Creating public art of a high quality while getting value for
      (c)    Showing that Spelthorne is a desirable place to live and
             work and that Spelthorne Borough Council is keen to work
             with the local community to improve the area further.

4.    Mission Statement

4.1   To enhance the quality of life in Spelthorne by actively contributing
      to the development on an ongoing basis of a broad range of high
      quality public art projects across the borough involving the local
      community and young people in particular.

5.    Objectives

5.1   To promote and develop public art in its broadest sense,
      embracing all forms of public art including temporary and
      performance based projects where appropriate as well as cutting
      edge works.

5.2   To implement “Percent for Art” on the Borough Council‟s own
      building and open space capital works, whenever possible, aiming
      for achievement of at least 1% of any development budget.

5.3   To promote and ensure that a best practice approach (laid out in
      appendix I) is applied to all borough council public art commissions
      in particular encouraging the involvement of artists at the earliest
      stages possible of design processes.

5.4   To promote the commissioning of public art by other developers
      through the planning process.

5.5   To promote the use of best practice (laid out in appendix I) in
      commissioning public art by other developers, in particular
      encouraging the involvement of artists at the earliest stages
      possible of design processes.

5.6   To support other developers to implement best practise guidelines
      in commissioning public art where necessary.

5.7   To develop ownership of public art by including the wider
      community, and in particular young people, as an integral part of
      all public art projects. At the very least, community consultation
      should be carried out. However preference should be given to
      projects which actively involve community members.

5.8   To raise awareness of the public art that already exists in
      Spelthorne and of new public art projects and commissions.

5.9   To continue to build upon the council‟s strong track record of
      encouraging public art projects that reflect the identity and heritage
      of the borough and its residents.

6.    Budgets and Funding

6.1   A budget for the public art project should be drawn up at the start
      of any project and appropriate sources of funding identified.
      Appendix II provides a list of items that should be considered when
      preparing a budget.

6.2   Spelthorne Borough Council has no funds specifically available for
      public art projects. Therefore, funding for public art projects must
      be identified from other sources:
      (a)     Existing budgets for works that can incorporate a public art
              element (lighting schemes, signage, street furniture).
      (b)     Percent for Art on the council‟s own building and open
              space capital works.
      (c)     Section 106 agreements (including Percent for Art*) on
              new building and landscaping schemes by private
      (d)     Public art funding via schemes such as “Awards for Art in
              Public Places”
      (e)     Regeneration funding

      (f)    Landfill tax
      (g)    Sponsorship from private bodies
      (h)    Collaborations with other public bodies and private
             organisations in which resources can be shared.

6.3   Appendix II contains an outline of the various elements that should
      be considered when preparing a budget for a public art project.

7.    The Commissioning Process

7.1   Aims and objectives should be set for each public art project to
      establish why a piece of art is being commissioned, what is hoped
      to be achieved and who will be involved in the process. Aims and
      objectives should be SMART (specific, measurable, achievable,
      realistic, time bound).

7.2   Artists should be appointed at the earliest stage possible in any
      public art project or development which includes public art to
      ensure that their work can be fully integrated and that they can
      advise on the development of the project.

7.3   An artist‟s brief must be drawn up. This should establish
      timescale, the artist‟s role, contract stages, ownership and
      copyright including designs and models, public liability and child
      protection requirements where necessary. It should also set out
      the artist‟s role in consultation and evaluation.

7.4   Depending upon the project‟s aims and objectives, the initial
      artist‟s brief can focus on a process or approach to a public art
      project rather than the outcome. This can allow a very creative
      way of working and allows for the inclusion of community ideas
      and even community participation in design and creation.

7.5   A selection panel should be established involving appropriate
      stakeholders and professional advisors.

7.6   Spelthorne Borough Council will seek to provide advice and
      support where appropriate to developers and other partners with
      regards to the commissioning process.

7.7   Equal opportunities should be applied throughout the
      commissioning process.

7.8   Where possible Surrey and Spelthorne based artists should be
      approached either directly, through Surrey County Council‟s Visual
      Arts Officer or by any other appropriate means.

7.9   Appendix I sets out a best practice approach for commissioning
      public art.

8.    Community Involvement

8.1   Community involvement encourages ownership of completed
      artworks. This can add to the identity of an area, positive local
      feeling about a piece of artwork. It can also result in a reduction in
      vandalism suffered by artworks.

8.2   The community involvement range from consultation to full
      participation in design and even production of public art.

8.3   It is recommended that the level of community involvement in any
      public art project should be as high as possible. Levels of
      involvement in a project correlate directly to the community‟s
      sense of ownership.

8.4   Opportunities for local artists to benefit from the project in terms of
      training, mentoring or other forms of continuous professional
      development should be considered when developing any
      community involvement element of a public art project.

8.5   When planning community involvement, accessibility to all
      members of the community should be considered. The Disability
      Discrimination Act should be consulted and equal opportunities
      policies applied.

8.6   Community involvement can have a wider reaching emphasis that
      just the art itself and this should be considered at the outset of the
      project. Examples of this are available in the publication, “Public
      Art in the South East”, published by South East England
      Development Agency and Arts Council South East, 2003.

8.7   Spelthorne Borough Council will seek to provide advice and
      support where appropriate to developers and other partners with
      regards to community involvement in public art projects.

9.    Installation/Performance

9.1   Installation or performance costs should be included in the public
      art project budget. This will include delivery, insurance, equipment
      hire etc.

9.2   Responsibility for installation or performance should be decided at
      the beginning of any project and details included in the project brief
      and contract.

9.3   If additional people are to be involved with installation (such as
      structures or highways departments for example) or with
      performances (such as lighting and sound engineers), these

       should be consulted as early as possible to avoid unexpected
       problems at a later stage in the project.

10.    Interpretation

10.1   All public art in Spelthorne should have some form of immediate
       interpretation, stating as a minimum the artist‟s name, name of the
       artwork, date of installation (or performance) and a brief

10.2   Interpretation for static public art is commonly in the form of a
       plaque. However, interpretation could also be included as an
       integral part of the public art.

10.3   Interpretation for temporary art or performance based art may be
       in another more appropriate form such as a leaflet, poster or

10.4   When deciding upon the appropriate form of interpretation the
       Disability Discrimination Act should be consulted. Interpretation
       should be as accessible as is practicably reasonable.

11.    Maintenance and Cleaning

11.1   Responsibility for maintenance and cleaning should be established
       at the outset of the project.

11.2   Any costs related to maintenance and cleaning should be forecast.
       Wherever possible existing budgets should be used to cover the
       costs of maintenance and cleaning.

11.3   To ensure low maintenance and cleaning costs, public art
       commissions should always stipulate that the artwork (especially if
       permanent) should be durable and easy to clean.

11.4   Advice should be sought from the artist or other specialist sources
       as to the most effective method of cleaning. This could include
       specific cleaning products and methods to use and those to avoid.

11.5   Specialist areas of maintenance and cleaning should be
       considered such as graffiti removal where this is known to be a

12.    Monitoring and Evaluation

12.1   SMART aims and objectives will give criteria against which to
       monitor and evaluate any public art project.

12.2   The achievement of the aims and objectives set at the beginning of
       the project should be monitored throughout the project. If there
       are signs that they are not being achieved the reason for this
       should be explored and the project altered if necessary.

12.3   At the end of the project, the achievement of aims and objectives
       should be evaluated. The information gathered should be used to
       inform future projects and processes.

13.    Advocacy and Awareness

13.1   Advocacy and awareness should be considered at all stages of the

13.2   Various methods of publicity can be used to inform the public of
       the project and its likely outcomes. This can include press, media,
       websites, leaflets, meetings, displays, etc.

13.3   Internal departments, councillors and external partners should also
       be considered in any programme of advocacy and awareness.
       They may need advice as to promoting the project or dealing with
       enquiries. They may also need to understand how it benefits their
       own work programme and priorities, particularly if they are to be
       involved in the project.

14.    Decommissioning

14.1   Temporary artwork will have a clear time frame in which it will stay
       in situ. Plans should be made in advance for the fate of the
       artwork. Some artwork may be rehoused, some dismantled and
       some returned to the artist.

14.2   If no immediate plans are in place for decommissioning the
       artwork, information should be kept regarding the installation
       method used. This can be used at a later stage to inform any
       decommissioning process.

14.3   Communities should be involved where possible in the
       decommissioning process. If a community has a strong ownership
       of a piece of artwork, the process will need to be managed
       carefully and reasons for decommissioning should be made clear
       to the wider public. Where appropriate the public could be
       involved in deciding the fate of the artwork.

14.4   A decommissioning budget should include costs such as advocacy
       and awareness, consultation, community involvement and removal

                          Spelthorne Borough Council

                  Public Art Policy – Appendix I - DRAFT

     Best Practice Approaches to the Commissioning of Public Art

“To achieve excellence in working with artists requires adequate research
time, specialist skills and financial investment, so a clear framework is
essential for the success of the project, and a vision for the scheme should be
clearly articulated from the outset.”
Taken from “Public Art in the South East”, published by South East England
Development Agency and Arts Council South East, 2003.

To ensure that any public art project is successful, it is suggested that the
following best practice approaches are implemented.

   a) What do you want to achieve and how will you achieve it?
      With any public art project is essential to be clear about what you hope
      to achieve and how this contributes to the objectives of your
      organisation. Ask yourself how you might be able to achieve what you
      want to and be prepared to consider all the options for doing so.
      Decide if you need to undertake a feasibility study which will allow
      these questions to be considered more thoroughly at the outset.

   b) How will you know you have achieved it?
      Systems for monitoring and evaluation need to be in place from the
      beginning of the project. Once you have decided upon your aims and
      objectives, these need to be made SMART (Specific, Measurable,
      Achievable, Realistic and Timebound).

       For example, your initial objective might be “to improve the way that
       people in X view the area in which they live.” However, it will be
       impossible to judge whether you have achieve this without some
       baseline data about how people in X currently view the area in which
       they live. You might need to carry out some initial consultation.

       If you find out that 40% of people there currently view the place they
       live in as “a nice place to live,” how much do you want this figure to
       rise to? 90% is probably not realistic or achievable. A SMART
       objective would be: Within one year of project completion, there will
       be a 15% increase in the number of people living in X that view the
       area as “a nice place to live.”

       You will also need to decide how you will find this out and whether you
       need to monitor the progress throughout the project, to allow changes
       to be made if the desired outcome is not being achieved.

   c) Who needs to be involved?
      Who needs to be involved and at what stage? If you are including a
      feasibility stage in your project, are there partners that need to be

   included? What other departments in your organisation or other
   organisation might need to be involved with the various stages of the

   It is worth letting everybody know about the project from the outset
   and keeping them informed at reasonable stages as to the progress,
   even if their involvement with the work is at a later stage. This will
   allow workloads to be adjusted and any problems resolved at the
   earliest stage possible.

d) Do you need specialist advice?
   A whole range of professionals are available to give advice from artists
   and design professionals to commissioning agencies and consultants.
   Arts Council England, South East are also able to provide advice. You
   may even wish to appoint an external agency or consultant to manage
   the project on your behalf.

   For any public art project in Spelthorne contact the borough Arts and
   Heritage Development Officer initially on 01784 446338.

e) Choosing the artist
   This can be done in a variety of ways.
   1) Advertise the opportunity in specialist media. It is useful to provide
       a brief for the project with some background and to ask artists to
       tender. It is then possible to shortlist and carry out interviews. This
       is Spelthorne Borough Council‟s preferred method of selecting
       artists as it complies with equal opportunities.
   2) Invite three or more artists who might be suitable to apply for the
       commissions and then interview those who apply.
   3) Approach one artist directly to undertake the commission. This
       route is only appropriate when there is a compelling reason to do
       so, such as in the case of a commission that is highly specialised.
   Within Spelthorne Borough Council, reasons for choosing methods
   numbers 2 and 3 must be given to a Director and the approach
   approved before the artist is selected.

   If you are asking artists to present a model or something similar it is
   appropriate to allocate some of your budget to pay all shortlisted
   applicants a set fee for doing so. However, remember that the artists
   will have a creative process and at this stage you should not be
   looking for the final piece of work, but rather the concept that they will
   be working from.

f) Involving the artist at the earliest stage possible
   The earlier an artist can be included in a project, the greater and more
   creative their input can be. In most developments, artists can be a
   valued part of the design team, adding artistic input to the overall
   scheme design. Artists can also be used as facilitators to engage
   communities through creative consultation. They can create
   temporary public art projects that take place during building phases,

   involving communities with the whole development process rather than
   just the completed product.

g) Being Flexible in Your Approach
   An artist can bring creativity and a fresh eye to a project which can
   result in anything from a new piece of sculpture to a whole new way of
   working. The process of developing a public art project is just as
   important as the final product. This is especially true of projects that
   engage the community. A community will only feel ownership over the
   final product if they feel that they have been listened to and included in
   a process, which can mean having to be flexible. That‟s not to say
   that your objectives change, but that the way in which they are
   achieved can vary greatly. It is worth considering all options and being
   flexible in your approach.

h) Clarifing roles and responsibilities
   Appoint a project manager who will have overall responsibility for the
   project. Everybody who will be involved needs to be clear about what
   is expected from them and the timeframe in which they must deliver
   this. When working with partners, it important to be clear about what
   each partner will input financially or in kind. It is also important to
   clarify what each partner expects to gain from the project and ensure
   that this is possible at the outset. Any artist will need a clear contract,
   detailing their responsibilities, the schedule of work and their payment
   schedule. The contract will also lay out your responsibilities regarding
   areas such as copyright and moral rights and changeover of public
   liability responsibility from the artist to your organisation. A guide
   contract that can be used in many cases is included in Appendix III.

                        Spelthorne Borough Council

                  Public Art Policy – Appendix II - DRAFT

                         Public Art Project Budgets

Any public art project‟s budget must include the following:

   i) Administration
      This might include postage, photocopying, administration time, etc.

   j) Project Management
      This might include the costs of employing a project manager or of
      reallocating staff time to manage a public art project.

   k) Advertising/Recruitment
      Costs for any posts relevant to the project. This could be the project
      manager, the artist or anyone else involved. Costs might include
      adverts in relevant press, expenses for applicants, recruitment costs
      including administration and salary costs.

   l) Expenses
      Examples of expenses could be travel and subsistence for the
      selection panel if applicable (especially if involving members of the
      community) or community groups taking part in the project.

   m) Selection Fees
      This is a small fee for shortlisted artists to give a presentation to the
      panel. The fee can include travel expenses, presentation expenses
      and expenses/time for creating a small model or maquette of their
      suggested design.

   n) Community Involvement
      This can be included in the artist‟s fee or can be included as a
      separate element of the project or a mixture of both. When included
      as an element of the artist fee, the artist will control this element of the
      budget. The cost might include administration, hire of facilities and
      materials and staffing costs of workshops.

   o) Design and Production
      Most artists will request an upfront payment to cover materials at the
      very least and this will be followed with either further payment
      installations and/or a final payment on completion of the project.
      Payment arrangements should be agreed at the contract stage. A
      means of monitoring progress of work before instalments are paid
      should be organised if necessary. The costs of design and production
      will depend on processes used and materials used. Advice should be
      sought when preparing the project brief if necessary.

p) Installation
    This can be included in the artist‟s fee or can be included as a
   separate element of the project or a mixture of both. When included as
   an element of the artist fee, the artist will control this element of the
   budget. Installation costs should also include transport of artwork to
   the site, insurance costs for the installation process if necessary, hire of
   equipment needed for installation etc.

q) Advocacy and Awareness
   This might include many different ways of promoting the artwork and
   any additional community elements of projects. Advocacy and
   awareness should be considered before, during and after the project
   takes place. Cost effective ways of promoting the project can be local
   press releases, press photo calls and use of existing websites and
   publications. However, photography or film, an opening event or a
   leaflet with information about the artwork will need to be budgeted for.

r) Interpretation
   Costs of a plaque or other form of interpretation for public art should be
   included in the main budget. Either the commissioner or the artist
   could carry out the role of organising the interpretation.

s) Maintenance and Cleaning
   Maintenance costs will need to be forecast and appropriate sources of
   funds to cover these identified. This could be from existing
   maintenance budgets if possible. The artist‟s advice should be sought
   when forecasting maintenance costs. The responsibility for
   maintenance and cleaning needs to be agreed at the start of the

t) Decommissioning
   If the artwork is temporary, a decommissioning cost should be included
   in the main project budget. This will include the removal of the

                        Spelthorne Borough Council

                   Public Art Policy – Appendix III- DRAFT

                        Sample Public Art Contract

The following is a sample contract, agreed by Spelthorne Borough Council‟s
Legal Department for use with public art projects. If alterations are to be
made to this contract (for use by Spelthorne Borough Council), these must be
approved by Legal Services. All items highlighted in yellow should be filled in
as appropriate to the project.

Commission contract for public art
             This agreement is made on          __date_____________

             Spelthorne Borough Council
             Council Offices
             Knowle Green
             TW8 1XB
             The Commissioner


             Name and Address of Artist here
             The Artist

1. The commission

   1.1. The commissioner agrees to commission the Artist to undertake and
        complete the work of art described in the Schedule („the work‟) on the
        following terms.

   1.2. The Schedule may only be changed by agreement in writing signed by
        both parties.

2. Acceptance, Completion and Delivery of work

   2.1. The Artist agrees to complete and deliver the work to the venue to be
        installed as far as reasonably practicable by date.

   2.2. The Artist will permit the commissioner to view the work during the
        course of fabrication at reasonable times and on reasonable notice.

  2.3. The Artist shall use his/her aesthetic judgment to create the work and
       to determine when the work is completed. The Commissioner agrees
       that it will accept the completed Work unless the Commissioner can
       show that the work was not executed substantially in accordance with
       the description given in the schedule.

  2.4. The Artist will keep the commissioner informed of progress with the

  2.5. The cost of delivery including packaging, transport and insurance will
       be included in the commission rate, to be paid by the Artist.

  2.6. Upon installation of the work, the Commissioner will inspect the Work
       against the schedule and issue a letter of acceptance and final

3. Warranties and Repairs

  3.1. The Artist provides an undertaking that the Work will be an original
       design and will not infringe the copyright or other rights belonging to
       any third party.

  3.2. The Artist shall exercise all reasonable skill, care and diligence in
       undertaking and carrying out their work.

  3.3. The Artist warrants that on completion of the Work the same will be of
       good quality and free from fault or defects in workmanship or
       materials. The Artist undertakes to rectify at his own cost any defects
       in workmanship or materials which are notified to the Artist by the
       Commissioner within twelve months from installation, and which are
       not caused by fair wear and tear, or wilful damage or misuse.

4. Fees and Payments

  4.1. The Commissioner agrees to pay the Artist a fee of £x which shall be
       paid in the following instalments:

     4.1.1. Stage 1:       £x upon the signing of this agreement

     4.1.2. Stage 2:       £x on installation and acceptance of the work.

  4.2. The above fees shall include all expenses and costs incurred by the
       Artist in designing and creating the work, as well as visits to the site.
       The fee also includes all cost incurred by the Artist in the transport
       and installation of the Work.

5. Ownership and Risk

   5.1. On payment of the final instalment of the above fees, the ownership of
        the Work and all risk of damage or loss of the Work shall pass to the

6. Credits and Moral Rights

   6.1. The Artist herby asserts his or her moral right to be identified as the
        creator of the work in accordance with the Copyright Designs and
        Patents Act 1988, on all occasions when the Work (including in any
        preliminary designs and sketches) or any photograph or other
        permitted reproductions is exhibited, published or issued to the public.

7. Copyright and Reproduction

   7.1. Copyright in the Work shall remain at all times with the Artist. The
        Commissioner hereby assigns any registered and unregistered design
        right in the Work to the Artist.

   7.2. The Commissioner shall be entitled without payment to the Artist to
        make (or authorise others to make) any photograph, film or video of
        the Work and to include this in the advertising, brochures, or other
        publicity material or film, video or television broadcast provided that
        any such reproduction is intended to promote the Work, the venue or
        Spelthorne Borough Council.

8. Termination of Agreement

   8.1. This agreement can be terminated by notice in writing in any of the
        following circumstances.

   8.2. By the Commissioner

      8.2.1. In the event that the Artist is in default of any obligation under
           this agreement, the Commissioner shall give written notice to the
           Artist specifying a reasonable time period to remedy the default. If
           the default is not remedied within such period the Commissioner
           may terminate the Agreement by further written notice of fourteen
           days and the Artist shall not be entitled to receive any further fees.

   8.3. By the Artist

      8.3.1. The Artist may terminate the Agreement by notice in writing if
           the Commissioner is more than 30 days late in making any
           payment after the same shall have been formally demanded by
           the Artist or the Commissioner is in default of any of its obligations
           under this Agreement, provided that in the latter case the
           Commissioner is first allowed a reasonable period to remedy the
           default. The Artist shall be entitled to retain payment for all work
           done until receipt of the termination notice.

      8.3.2. If this Agreement is terminated under the above provisions the
           Artist shall retain ownership and copyright in the Work and the
           Artist shall have the sole right to complete, exhibit and sell the

      8.3.3. This Agreement will terminate automatically on the death or
           incapacity of the Artist, whereupon the Artist (or his or her estate)
           will receive all payments due up to the date of the death or
           incapacity and the Commissioner may if it wishes keep the work
           in progress and any preliminary designs for the purpose only of
           completing the Work, using an artist of good repute. If the
           Commissioner does not wish to have the Work completed, the
           Work in progress and all preliminary designs, models, etc shall
           belong to the Artist and his estate.

9. Corruption

   9.1. The Commissioner shall be entitled to cancel the Contract and to
        recover from the Artist the amount of any loss resulting from such
        cancellation if:-

      9.1.1. The Artist shall have offered or given or agreed to give any
           person any gift or consideration at any time as an inducement or
           reward for doing or forbearing to do or having done or forborne to
           do any action in relation to obtaining or executing the Contract or
           any contract with the Council.

      9.1.2. Any of the like acts in sub clause 9.1.1. above shall have been
           done by any person employed by the Artist or acting on his behalf
           (whether with or without the knowledge of the Artist).

      9.1.3. In relation to the contract or any other contract with the Council,
           the Artist or any persons employed by him or acting on his behalf
           shall have committed any offence under the Prevention of
           Corruption Act 1889-1916 or shall have given any fee or reward
           the receipt of which is an offence under sub section (2) of section
           117 of the Local Government Act 1972.

   9.2. Where any such gift, inducement or reward has been given or
        promised in relation to the obtaining or performance of the contract or
        any sub-contract hereunder to any officer or person in the service of
        the Council who shall be in any way connected with the obtaining or
        the performance of the contract or any sub contract hereunder the
        Artist shall also be liable to pay by way of liquidated damages or sum
        equal to ten percent of all the sums which become payable to him
        under the Contract.

10. Insurance

        10.1. The Artist shall maintain at his own expense such insurances as is
            necessary to cover the liability against all third party risks up to a
            minimum of £5,000,000 for any one incident occurring before or
            during installation of the Work. After installation of the Work, public
            liability shall pass to the Commissioner.

     11. Third Parties

        11.1. Pursuant to the Contracts (Right of Third Parties) Act 1999 the
            parties hereto agree that the provisions of this Agreement shall not be
            enforceable by any third party other than the parties hereto.

     12. General

        12.1. Any notice given under this Agreement shall be in writing addressed
            to the other party at the address given and either party shall notify the
            other of any changes within fourteen days of that change occurring.

        12.2. No variations or additions to this Agreement or Schedule may be
            made without the written consent of both parties.

        12.3. This agreement contains the entire agreement and understanding
            between the parties as to the Commission and the Work.

        12.4. The parties agree that the Artist is an independent contractor not an

        12.5. This Agreement is governed by the law of England.

     13. Disputes

        13.1. Any dispute arising (other than a dispute over the legal interpretation
            of the Agreement) may be referred at the instance of either party for
            an independent expert, to be agreed between the parties. They shall
            act as arbitrators and whose decision shall be final and binding on the

     14. Schedule

        14.1. Schedule of work to be listed here including design stages, any
            workshops or community work, production, installation, check points
            for sign off by the commissioner etc.

Signed by:___________________________________ (The Artist)

In the presence of: ____________________________

Signed by: __________________________________ (The Commissioner)

In the presence of: ___________________________

      Appendices can be added as necessary to contain extra information
      such as plans, maps, drawings etc.

                        Spelthorne Borough Council

                  Public Art Policy – Appendix IV- DRAFT

                       Further Sources of Information

Spelthorne                               South East Region

Arts and Heritage Development            Visual Arts Officer - Public Art and
Officer                                  Architecture
Spelthorne Borough Council               Arts Council England, South East
Council Offices, Knowle Green            Sovereign House, Church Street
Staines, TW18 1XB                        Brighton BN1 1RA
01784 446338                             01273 763018                
Advice on project approaches and         Advice and support on project
funding. Support to developers in the    approaches and funding. Links to
area working on commissions.             artists.

Surrey                                   Arts and Business
                                         4 Frederick Terrace, Frederick Place
Visual Arts Officer                      Brighton, BN1 1AX
Surrey County Arts (Surrey County        01273 738333
Westfield Primary School       
Bonsey Lane,Westfield                    Funding and Sponsorship advice and
Woking, GU22 9PR                         training.
01483 757258               Artpoint Trust              2 Littlegate Street
Links to artists in Surrey as well as    Oxford, OX1 1QT
advice and support.                      01865 248822
                                         Specialist project development and
                                         management services. Good website
                                         which includes useful case studies.


ixia – ixia promotes excellence in public art through information,
education and debate for the benefit of all

CABE (Commission for Architecture and the Built Environment) –
Promotes excleence in the design and development of the built

                                                            Spelthorne Borough Council

                                                     Public Art Policy – Appendix V- DRAFT


PUBLIC ART POLICY                                                                    LEISURE SERVICES
COMPLETED BY KIRSTEEN ROE                                 13/01/05                   APPROVED BY                                     DATE

                                                                         Links to
                                                                        Corporate     Responsible      Financial/
 Action Point         Milestones            Expected Benefits                                                           Target Date      Risk/Other issues
                                                                          Goals         Officer      Staffing Issues

Draft format to   Comments               A clear framework within     Making          KR             None              Adoption by      None
be commented      received by            which the Borough can        Spelthorne a                                     March 2005
on and policy     February 2005          approach public art          Better Place
to be formally                           opportunities and support
adopted.                                 developers to do the same.
Ensure that all   Link from website      Greater awareness of the     Making          KR             None              April 2005       None
relevant          and Spel-net.          policy and support of the    Spelthorne a
members of        Article in Goings on   principles of the policy     Better Place    NL/LB/
staff are aware   in Spelthorne          from relevant departments                    MP/SM to
of the new        Members                (in particular community                     cascade
policy.           Information Bulletin   services, planning and
                                         environment services)
Review training   Decision as to         Greater awareness of the     Making          KR in          Training can be   May 2005         Availability of staff to
needs to          whether training is    policy and support of the    Spelthorne a    consultation   done internally   Training to be   complete training –
support the       needed                 principles of the policy     Better Place    with service   so there would    complete by      some departments are
implementation    Training dates         from relevant departments.                   heads          be no cost        Sep 2005         short staffed and/or
of the policy.    booked if                                                                          implication.                       have very high work
                  necessary                                                                                                             loads.


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Description: Public Art Policy