Kent Downs Area of Outstanding Natural Beauty and North Downs Way National Trail are working with an Inspiring Views Project Manager (IVPM) to commission two new sculptures along the North Downs Way.

Kent Downs Area of Outstanding Natural Beauty and North Downs Way National Trail are working with an Inspiring Views Project Manager (IVPM) to commission artists to create a series of Inspiring Views projects along the North Downs Way. These projects include view restoration, conservation work and site-specific artworks that incorporate an opportunity for rest and contemplation.  The artworks will highlight the inspiring views, provide a reason to visit, pause and appreciate each specific location while encouraging interaction from visitors.

Aims

Through this Inspiring Views project, we aim to:

• Create two new iconic focal points to attract visits to the North Downs Way National Trail in Kent

• Open/ promote significant viewpoints from the North Downs Way National Trail

• Contribute to an art trail along the North Downs Way National Trail 

• Improve access to the site for all users, including visitors with disabilities

• Promote the special characteristics of the North Downs Way National Trail and its pilgrimage heritage as a route for reflection, renewal, and inspiration

• Engage local residents and businesses through associated activities to provide social and economic benefit of the installations

• Provide training, engagement and legacy activity to maintain and promote the installations beyond the project timescales 
  
  

The Brief 

The selected artwork will include an opportunity for rest, demonstrate high quality, consider the local environment in the materials used, and celebrate the unique identity of the site. We are open to ideas and suggestions regarding the nature of the work such as a viewing platform, a bench that frames a view, more than one structure, a structure incorporating sound or the possibility of incorporating different art forms.  

Each of the installations should adhere to these three overarching criteria 

1. Genuine Authentic Kentish provenance; rooted in real research, heritage, pilgrimage, and landscape

2. Contemporary relevance; speaking to the modern world and local communities

3. World class artistic quality; ambitious in quality

We are particularly interested in an interactive element and /or the ability for people to submit wording and commemorations to include in the design. The artwork should be installed October 2022.

Installations should be:

• Relevant to the cultural and environmental context of the area

• Thought provoking and educational

• Constructed in natural, locally sourced, or recycled materials where possible

• Durable and requiring minimal maintenance

• Safe and not constitute a hazard to public or the environment

• Environmentally sustainable

The Role of the Artist/Craftsperson

The artist will be responsible for the concept, design, fabrication, and installation of the artwork in consultation with The Inspiring Views Project Manager (Kent) and the landowner. The artist will work within a budget of £15, 000 (Vat inc.). Linked talks and community workshops will have an additional fee up to £1000. Shortlisted artists will be paid £250 to develop their proposal with drawings and/or maquette. For the selected artist this will be included in the first £1,500 payment as described below in the payment schedule. 

The Inspiring Views Project Manager (IVPM) will oversee the project delivery and support the appointed artist. The appointed artist will provide drawings, specifications and submit their own planning application. 

The artist will take part in the press and marketing opportunities relating to the commission and assist in documenting the process. It is essential that the artist participates in talks, and/or community workshops as part of the project delivery. The artist will undergo a DBS check where required. The artist will be expected to provide regular updates on the progress of the project to the IVPM and attend meetings as required. The artist will be required to provide a maintenance plan to the IVPM on how best to preserve the life of the finished installation.

Please note that any costs for travel and accommodation incurred by the artist are included in the overall commissioning fee. 

If, for any reason the installation is not completed by the agreed deadline any fees paid to the artists in addition to the £250 for developed drawings/ maquette will be fully refunded to the Project Manager. 

The Artist will be expected to collaborate with an appointed filmmaker and photographer to document and share the creative process and product for promotional purposes. 

Community and Business Participation

This will take the form of walks, talks, and workshops. It will involve targeted local groups of all ages and abilities including local artists and businesses. The community participation programme will be developed with the IVPM and artist. The participation in this programme will increase feelings of local ownership and participation in the installation and will promote the installation as a place to visit for visitors and residents.

Tourism and Press Participation

This may take the form of launch events, press releases, tour operator trips, or attendance at trade fairs.  The tourism and press participation will be developed with the IVPM, Kent Downs EXP Team and artist in response to travel trade and press need.

Inspiring Views Locations

Location 1 Kings Wood, Chilham. First View of Canterbury Cathedral 

 GR: TR 05196 51585 W3W grades.heats.masks

 Description: Located on the North Downs Way National Trail within the Forestry England Kings Wood estate. The first view of the Canterbury Cathedral Spires over seven miles away through the trees over Godmersham Park. 

Google Streetview Image: https://www.google.com/maps/@51.2265663,0.9374761,2a,15y,39.79h,73.54t/data=!3m9!1e1!3m7!1sMrmnmC5yUU1DO8eN-wcgiw!2e0!7i13312!8i6656!9m2!1b1!2i50 

Access and parking from Mountain St, Chilham. CT4 8DG. W3W violinist.leap.calm 

This site is owned and managed by Forestry England, where the following additional criteria apply

• The proposal should create a link with King’s Wood

• Organic & natural materials are the main construction materials for the structure (ideally untreated hardwood)

• Consideration should be given to foundations and fixings to avoid large amounts of materials being imported onto site

Location 2 Rickards Farm, Old Wives Lees Beech Stand. A Rural Kent Landscape. 

GR: TR 08539 55454 W3W petulant.penny.movie

Description: Located on the North Downs Way National Trail at the crest of a Beech Tree lined bank on Rickards Farm, Old Wives Lees, just an hours walk from Canterbury. The wide views looking back towards Chilham and Ashford of Oast Houses, Orchards, Hop Bines and traditional farmland perfectly summarises rural Kent in one frame. 

Google Streetview Image: 

https://www.google.com/maps/@51.2601597,0.9877445,2a,75y,244.1h,60.01t/data=!3m9!1e1!3m7!1sy2dR6oTadKDF4wMSC30LGQ!2e0!7i13312!8i6656!9m2!1b1!2i50 

Access and parking from layby on Lower Ensden Road, Chilham CT4 8BA. W3W storming.variously.number. Follow the North Downs Way towards Chartham Hatch (east) for approx. 0.5 miles.

Project Timeline

Submission Deadline 6th May 2022

Artist confirmed 30th May 2022

Full Planning Application submitted by 27th June 2022

Fabrication 1st Sept - 14th October

Installation deadline 30th October 2022

Public Engagement & Launch events November 2022

(Dates are a guideline and could be changed by IVPM and EPT)

Contract

The Artist will be contracted according to the contract terms and conditions detailed in Annex 1 below

Application Process

To apply, artists/craftspeople must fully complete the online submission through Curator Space

A panel consisting of the North Downs Way Trail Manager, Kent Downs AONB EXP Team, Inspiring Views Project Manager, Local Authority Representatives, Landowner and Arts Professionals will select the artist. The panel are looking for a high level of craftsmanship, originality of ideas, sympathy with the environment and a willingness to engage with local people, press and tourism.

Deadline for submissions:  6th May 2022

For further information, email the appointed Inspiring Views Project Manager Charlotte Chapman through Curator Space

This work is funded by the European Regional Development Fund Interreg VA France England (Channel) Programme and forms part of the North Downs Way Arts Trail https://www.nationaltrail.co.uk/en_GB/trails/north-downs-way/art-trail/ 

The work is part of ‘EXPERIENCE’, a sustainable tourism project to develop a long-lasting experiential off-season visitor economy for Kent. 

https://kentdowns.org.uk/our-projects/experience/


Definitions 

• Where the document refers to the EXPERIENCE Project Team (EPT) this refers to the KCC/ Kent Downs AONB unit and its staff delivering the EXPERIENCE project on behalf of Kent County Council (KCC). 

• When referring to the EXPERIENCE Project Manager (EPM) this refers to Catherine Bradley, EXPERIENCE Project Manager for the Kent Downs AONB unit.

• When referring to the North Downs Way Trail Manager (NDWTM) this refers to Peter Morris; part of the Kent Downs EPT.

• When referring to the Inspiring Views (IV) project this refers to the inspirational arts trail the EXPERIENCE project will deliver through the project.

• When referring to the Inspiring Views Artists Brief (IVAB) this refers to the brief the Artist will deliver as agreed by the EPT.

• When referring to the Inspiring Views Project Manager (IVPM) this refers to Charlotte Chapman, appointed by the EPT to deliver the IV project.

• When referring to the Inspiring Views Project Management Brief (IVPMB) this refers to the brief the IVPM will deliver on behalf of the EPT. 

Co-financed by the European Union European and Regional Development Fund. 

Annex 1 - Blank Artists Contract

CONTRACT

THIS AGREEMENT is made the ____ day of _____________ 2022

BETWEEN: 

(1) "the Commissioner"

[INSERT DETAILS]

and

(2) “the Artist”

[INSERT DETAILS]

(together “the parties”)

WHEREAS

The Commissioner has agreed to commission the Artist and the Artist has agreed to undertake and carry out the work of art described in the attached Brief.

NOW IT IS AGREED AS FOLLOWS:

1.0 Definitions

In this Agreement the following words shall have the following meanings:

‘Agreement’ means this agreement including the annexures.

‘The Contract Administrator’: means, [INSERT DETAILS] or his successor.

'Completion Date' shall mean the date of Practical Completion.

‘Extension of Time’ means such extension of time for completion as may be reasonable if the Work will not be completed by 30th October 2022 for reasons beyond the control of the Artist where those reasons directly cause the Artist to be unable to comply with all or a material part of its obligations under this Agreement and, for the avoidance of any doubt, reasons within the control of the Artist include any default under this Agreement of the Artist or of others employed or engaged by or under him for or in connection with the Work and of any supplier of goods or materials for the Work.

‘Intellectual Property’ means any of the following: patents, trademark, service marks, drawings, designs, registered designs, utility models, design right, copyright (including copyright in computer software), database right, inventions, trade secrets and other confidential information, technical information, know-how, business or trade names, rights to prevent passing off, and all other intellectual property rights and rights of a similar or corresponding nature in any part of the world, whether registered or not or capable of registration or not and including all applications and the right to apply for any of the foregoing rights.

‘[INSERT NAME OF PROJECT] means the overall project to create a major public artwork in [INSERT LOCATION].

‘[INSERT NAME OF PROJECT] Phase 1 Design’ means the design phase of the ‘[INSERT NAME OF PROJECT] and is the subject of this Contract.

‘[INSERT NAME OF PROJECT] Phase 2 Manufacture’ means the manufacture, realisation and installation phase of the ‘[INSERT NAME OF PROJECT] and which would be the subject of a future award of contract.

‘‘[INSERT NAME OF PROJECT] Project Board’ means the Board made up of officers of the Council, Community representative and representatives of specific interests set up by the Commissioner to oversee the running of the ‘[INSERT NAME OF PROJECT]. 

‘Practical Completion’ means the certification by the Commissioner or the Contract Administrator when in his or her opinion the Work complies with the Project Brief and is therefore deemed to be practically complete for the purpose for which it is intended.

‘Project Brief’ means the brief for the [INSERT NAME OF PROJECT] appended to the Agreement at Appendix 1 which shall form an integral part of this Agreement.

'The Work' shall mean the activities described in the Project Brief, [INSERT NAME OF PROJECT] Phase 1 Design, including, but not limited to, research, community engagement and stakeholder consultation, the production of a design, reports and presentation material and the creation of artworks.

2.0 Scope Of The Work 

2.1 The Commissioner hereby commissions the Artist to undertake and carry out the Work.

2.2 The Contract Administrator shall issue any information necessary for the proper carrying out of the Work, certify Practical Completion and confirm instructions in writing. 

2.3 The Artist shall not be entitled to an Extension of Time following the Completion Date unless prior agreement has been reached with the Commissioner and shall notify the Commissioner as soon as it becomes apparent to the Artist that the Work will not be completed by the Completion Date.

2.4 The Artist warrants that: 

• the Work will be the original work of the Artist;

• the Work has not been copied wholly or substantially from any other work or material;

• copyright in the Work is owned by the Artist;

• the exercise by the Commissioner of the rights assigned to it will not infringe the rights of any third party; and

• the Work will comply with the Project Brief.
  
  

3.0 Copyright And Reproduction Rights

3.1.1 It is acknowledged by the parties that this Agreement is for [INSERT NAME OF PROJECT] Phase 1 Design and that following the successful completion of the Work a subsequent contract will be let for the [INSERT NAME OF PROJECT] Phase 2 Manufacture as more particularly described in the appended Project Brief.

3.1.2 Under this Agreement, all Intellectual Property Rights and all rights associated with exploiting the Work, are and shall remain the property of the Artist. The Commissioner shall take all such steps as are reasonably required by the Artist to give effect to such Intellectual Property Rights and to ensure such Intellectual Property Rights are vested in the Artist.

3.1.3 Following approval of the Project Proposal and on completion of the Work any continued use and/or further development of the Work, including without limitation the Artist’s concepts, designs, technical drawings, strategies (tangible or non-tangible) and pre-existing materials for the [INSERT NAME OF PROJECT], shall be subject to separate discussion, negotiation and agreement between the Artist and the Commissioner, acting reasonably.

3.1.4 It is agreed in principle by the Artist and the Commissioner that any agreement reached between them in accordance with Clause 3.1.3 may, at the Artist’s absolute discretion, include, but not be limited to, provision for the Artist to grant the Commissioner appropriate licences to use and to reproduce the Work or parts of the Work for agreed purposes connected with the [INSERT NAME OF PROJECT] including, but not limited to, the execution, completion, maintenance, advertisement, modification, extension, reinstatement and repair of the public artwork created in the course of the [INSERT NAME OF PROJECT], and such licences shall carry the right to grant sub-licences for such purposes.

3.2 The Artist warrants and represents that the Work will not infringe any intellectual property rights of which a third party is the proprietor including (in particular but without limitation) any patents, copyrights, registered designs or rights of confidence and shall be responsible for and shall release and indemnify the Commissioner against all liability for any actions, claims, demands, costs, charges and expenses (including legal fees reasonably and properly received) which may arise out of, or in consequence of any breach by the Commissioner of this Clause 3.2.

3.3.1 Subject to Clause 3.3.2 .the Artist undertakes that he will not make or authorise the making of any copy of the Work unless given written permission to do so by the Commissioner.

3.3.2 It is agreed by the parties that the said permission of the Commissioner shall not be required for those designs which are not the subject of an award of contract for [INSERT NAME OF PROJECT] Phase 2 Manufacture.

3.4 The Commissioner shall be entitled without further payment to create photographs and/or authorise to be made any photograph of the Work (including photographic documentation of the Artist’s preliminary models, designs, or working drawings). The Commissioner may include or authorise the inclusion of the Work or any such photograph in any publication or film, video or television broadcast which is intended to advertise, promote or record the making of the Work, in all cases with the consent of the Artist and such consent not to be unreasonably withheld nor delayed and without additional payment by the Commissioner to the Artist in respect of such inclusion or authorisation.

4.0 Skill, Care and Diligence

4.1 The Artist, in the performance of his duties under this Agreement, shall exercise all reasonable skill, care and diligence to be expected of a competent and fully qualified member of the Artist’s profession experienced in undertaking and carrying out work which is the like of the Work. The Artist warrants that on the Completion Date the Work will be of good quality and free from Defects and practically complete for the purpose for which it is intended.

4.2 The Artist agrees to procure (so far as he is able to do so acting reasonably) for the Commissioner the benefit and / or assignment of the guarantee(s) given to the Artist by the suppliers or makers of parts of the Work named in the Schedule.

5.0 Insurance

5.1 The Artist will bear any risk of loss or damage to the Work or arising from the Work including, without limitation, all risks, product and public liability (whether the Work is in a completed or uncompleted state) in the course of undertaking  the Work, wherever situated, until the Completion Date.

5.2 The Artist warrants and undertakes that he shall maintain with reputable insurers: public liability insurance cover in an amount of not less than £5,000,000 [five million pounds] in respect of each incident or series of connected incidents; insurance in respect of any personal injury to, or death of, any person arising under a contract of service with the Artist and arising out of an incident occurring during the course of such person’s employment which shall comply with the Employer’s Liability (Compulsory Insurance) Act 1969 and any statutory orders made thereunder and shall be in an amount of not less than £10,000,000 [ten million pounds] in respect of any one incident; and product liability insurance in an amount not less than £2,000,000 [two million pounds] in respect of any one incident.

5.3 The Artist agrees to produce at the Commissioner’s request a copy of the aforementioned insurance policies and relevant renewal receipts for inspection by the Commissioner.

6.0 Fees Payments and Costs

6.1 Subject to Clause 6.3, in consideration of the undertaking and carrying out of the Work by the Artist the Commissioner agrees to pay the Artist an amount not exceeding £15,000. This amount will cover all fees and expenses, materials, labour and costs and will be paid in the following except where prior agreement has been reached between the Commissioner and Artist.

Proposal development fees (for shortlisted artists) £250

For selected Artists

Payment 1: On Acceptance of Commission & Proposal Development/ Maquette.

Payment 1, of £ 1,500 (this will include the £250 for proposal development fees)

On acceptance of Commission by the Artist, signed landowner agreement & drawings/ maquette produced. 

Approximate date of payment: [30th May 2022]

Payment 2: Final Design & Planning Agreed 

Payment 2 of £10,000

Maquettes received, final design agreed, and planning permission granted

Approximate date of payment: [29th August 2022]

Payment 3: Works installed, signed off and approved

Payment 3 of £3,500 

On installation of the agreed piece to the agreed brief with launch events and relevant funding criteria satisfied 

Approximate date of payment: [25th November 2022]

6.2 All payments will only be made within 30 days on receipt by the Commissioner of a written invoice which shall be accompanied by documentary evidence that the relevant stage has been reached to the satisfaction of the Commissioner or the Contract Administrator

6.3 All payments by the Commissioner to the Artist shall be made to [INSERT NAME] only and each payment shall be deemed to be in full and final settlement of the invoice to which it relates.

6.4 Whenever, under this Agreement or upon termination thereof, any sum of money is due from, or payable by, the Artist to the Commissioner, the same may be deducted from any sum then due, or which at any time thereafter may become due to the Artist from the Commissioner under this Agreement or any contract with the Commissioner. 

6.5 The above sums are deemed to cover all the work outlined in the brief. However, the Commissioner will be responsible for paying the Artist for any reasonable additional costs or expenses agreed in writing by the Contract Administrator and the Artist which are caused as a direct result of amendments to the Brief or other additional requirements or conditions being requested by means outside the Artist's control.

6.6 The amounts referred to in Clause 7.1 above do not include Value Added Tax or any other tax which may be payable, and which will be added where required in accordance with current legislation.

6.7 Notwithstanding any other provision of this Agreement, production shall not be commenced until the previous Stage of work is approved by the Commissioner or the Contract Administrator

6.8 If, for any reason the work is not completed to the project brief and/ or by the agreed deadline any fees paid to the artists in addition to the £250 for developed visual/ maquette will be fully refunded to the Project Manager. 

7.0 Termination Of The Agreement

7.1 The Agreement can be terminated by fourteen days notice in writing setting forth the grounds of such termination in any of the following circumstances:

7.1.1 the Work is not completed by 30 October 2022 (or such revised date for completion if an extension of time is allowed in accordance with Clause 2.3 ) the Commissioner shall be entitled to terminate the Agreement and shall be liable for no further payment to the Artist other than payments which were due before the said date;

7.1.2 automatically on the death of the Artist, in which event the Artist's estate may retain or receive all payments due as at the date of death;

7.1.3 if approval for the continuation of the Work is not given by the [INSERT NAME OF PROJECT] Project Board and such approval shall be at the absolute discretion of the Commissioner; and 

7.1.4 if funding for the Work is withdrawn.

7.2 If the Agreement is terminated except by termination arising under clause 7.1.1 above any amounts that are unpaid including any expenses due to be reimbursed to the Artist shall become immediately due and payable.

7.3 If the Agreement is terminated, the Artist will retain all rights of ownership and copyright of the part-completed Work and may exhibit and sell the Work.

7.4 The cancellation or termination of the Agreement shall not entitle the Commissioner to any financial or other claim against the Artist arising from termination, except as stated above.

7.5 In the event that the funding is withdrawn or reduced, the Artist shall cease work on a named project if so instructed by the Commissioner and any amounts that are unpaid including any expenses due to be reimbursed to the Artist shall become immediately due and payable and no other amounts shall be payable or due by the Commissioner to the Artist in respect of the part completed project.

8.0 Moral Rights And Attribution

8.1 The Artist shall ensure that the Work is signed and dated or if this is not appropriate shall provide the Commissioner with a signed and dated certificate of the Work.

8.2 The Commissioner will at all times acknowledge and identify the Artist as the creator of the Work including all occasions on which the Work (including any drawings, designs, maquettes or models) is exhibited in public or copies or photograph(s) of it are issued to the public.

8.3 The provisions of this Clause 8 shall be in addition and without prejudice to any of the Artist's rights or remedies under Sections 77 to 84 (inclusive) of the Copyright Designs and Patents Act 1988 ("the Act").

8.4 After the Artist's death the provisions of this Clause 8 shall operate for the benefit of the personal representatives of the Artist or other persons to whom the Artist's moral rights are passed under the Act.

9.0 Addresses

9.1 The Artist undertakes to notify the Commissioner or the Contract Administrator in writing of any change to their address, including the address of their studio, within seven days of that change occurring.

10.0  Variations

10.1 No variations or additions to this Agreement or the Brief may be made without the prior written consent of all parties.

11.0 General

11.1 This Agreement contains the entire agreement and understanding between the parties as to the Work.

11.2 The Artist shall have no liability or responsibility for the acts or omissions of employees or agents of the Commissioner.

11.3 This Agreement is personal to the Artist who may not assign any part of their obligations without the Commissioner's permission.

11.4 The parties agree that the Artist is an independent contractor not an employee, and that this Agreement is not a contract of service of any kind.

11.5 This Agreement is binding upon the parties, their assigns and all other successors in title.

11.6 A person who is not party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

12.0   The Council’s Statutory Role

Nothing contained in this Agreement or done hereunder shall affect the rights and/or powers of the Commissioner as local authority, local planning authority or in any other capacity whatsoever under or by virtue of any legislation from time to time in force or shall relieve the Artist  from the necessity of obtaining all such approvals or consents as from time to time shall be required from the Commissioner  in any of its aforementioned capacities.

13.0 Disputes

13.1 Any dispute under or arising from this Agreement may be referred at the instance of either party to Arts Council England [INSERT REGION] or other expert agreed between the parties who shall use all reasonable endeavours to effect a solution acceptable to all parties and may make recommendations according to what he or she considers fair and reasonable in the circumstances of the case. Such referral shall be without prejudice to the right of any party to take legal proceedings at any stage.

14.0 Health and Safety at Work Act 2015

14.1 The Commissioner is committed to maintaining appropriate health and safety standards to ensure a safe working environment and the safety of the public. The Artist agrees to:

14.1.1 comply with all legislation relating to health and safety at work together with all relevant codes of practice or other authoritative guidance and ensure that the Artist's sub-contractors so comply;

14.1.2 observe and apply the provisions of the Commissioner’s Health and Safety Policy and the health and safety documents, systems and controls relating to the Agreement and ensure that the Artist’s sub-contractors do so; and provide appropriate method statements and risk assessments.

15.0 The Protection of Children Act 1999

15.1 The Commissioner is committed to keeping young people and vulnerable adults safe in accordance with the Protection of Children Act 1999.  The Artist agrees to adhere to the Commissioner’s policy in this respect.  The Commissioner requires that where appropriate any artist working with young people and vulnerable adults provides evidence of a current Criminal Records Bureau check before commencement of the Agreement.

16.0 Notices 

16.1 All notices required by or relating to this Agreement shall be in writing and shall be sent to the parties at their address specified in the Agreement.  All notices shall be deemed duly given on the day following the date at posting or if sent by email, immediately when the notice is transmitted.

17.0 Governing Law

17.1 The Agreement is governed by the Law of England.