HomeMy WebLinkAboutCS 20-23Report to
Executive Committee
Report Number: CS 20-23
Date: June 5, 2023
From: Sarah Douglas-Murray
Director, Community Services
Subject: Rotary Frenchman’s Bay West Park
- Direct Commission of Public Art
- File: A-1440-001
Recommendation:
1. That Council endorse that the direct commission of public art for Rotary Frenchman’s Bay
West Park be awarded to SpruceLab Inc. in the amount of $80,000.00 (HST included);
2. That Council authorize the Director, Finance & Treasurer to finance the net project cost of
$72,043.00 to be funded by a transfer from the Public Art Reserve as approved in the
2023 Current Budget;
3. That the Mayor and the City Clerk be authorized to execute the Letter of Understanding,
between SpruceLab Inc. and the City of Pickering, set out in Attachment 1, subject to
minor revisions acceptable to the Director, Community Services and the Director,
Corporate Services & City Solicitor; and,
4. That the appropriate officials of the City of Pickering be authorized to take the necessary
actions as indicated in this report.
Executive Summary: The Rotary Frenchman’s Bay West Park (RFBWP) Master Plan
was updated and approved at the Executive Committee Meeting of November 5, 2020. The
RFBWP Master Plan includes 8 Interpretative Nodes that include public art and interpretative
elements as part of the planned park design. This artwork will be located in one of the eight
designated Interpretative Nodes. With the approval of the 2023 Current Budget, Council
endorsed the funding to carry out the purchase of public art for the RFBWP.
The Public Art Policy (CUL 130), outlines the criteria, processes and guidelines by which public
art is procured by staff at the City of Pickering. The Purchasing Policy (PUR 010) outlines the
criteria, processes and guidelines for the procurement of goods and services for the City of
Pickering.
Section 09.10 of the Purchasing Policy states that “Public Art Project purchases or Public Art
projects with costs that exceed $25,000.00 are subject to Council approval”. Therefore, the
purpose of this Report is to seek Council endorsement to proceed with the direct commission
of public art for RFBWP at a cost of $80,000.00 (HST included).
CS 20-23 June 5, 2023
Subject: Rotary Frenchman’s Bay West Park Page 2
Financial Implications: The Public Art Project for RFBWP is reflected in the approved 2023
Culture & Recreation - Admin (10200) Current Budget in the amount of $80,000.00. The net
project cost is to be funded from the public art reserve in the amount of $70,825.00.
1. Estimated Project Coasting Summary
Artist Quotation $70,796.00
Total Project Cost
HST (13%)
Total Gross Project Costs
HST Rebate (11.24%)
$70,796.00
9,204.00
$80,000.00
(7,957.00)
Total Net Project Costs $72,043.00
2. Approved Source of Funds
Approved Code Source of Funds Budget Funds Required
502520.10200.9710 Public Art Reserve $80,000.00 $72,043.00
Project Cost under (over) approved funds by $7,957.00
The remaining funds of $7,957.00 will be used for signage, lighting, communications and an
unveiling event.
Discussion: Pickering's waterfront provides countless recreational and business
opportunities, offers some of the region’s best surfing and kite boarding, and gives residents a
place to relax and socialize.
The vision of the Mayor’s task force on the Pickering Waterfront (Town of Pickering 1998)
states, “The Pickering Waterfront should create a distinct sense of place…this sense must be
nurtured by not only our heritage and unique natural setting, but also by what the waterfront
represents to Pickering residents and visitors of all ages and abilities". The development of the
RFBWP has become an integral component of this Vision.
Phase 2 of the Master Plan of Rotary Frenchman’s’ Bay West Park is currently being
completed, with updated pathways, comfort station and landscaping expected to be completed
in Fall, 2023. There is an opportunity to add elements of public art and placemaking to
Interpretative Nodes in the park design.
The City of Pickering’s Cultural Strategic Plan (2014) set in Attachment 3 outlines the City’s
commitment to collaborate with the community to celebrate our cultural diversity, heritage and
CS 20-23 June 5, 2023
Subject: Rotary Frenchman’s Bay West Park Page 3
the arts; to sustain our natural environment; to foster a creative economy; and, to strengthen
our vibrant neighbourhoods.
As per Section 08.01 of the CUL 130 Public Art Policy (the Policy), Direct
Invitation/Commission or Purchase (Single/Sole-Source) occurs when a single artist is
identified to complete a Public Art project.
At the meeting on December 13, 2022 with the Indigenous Relationship Building Circle (IRBC),
IRBC members recommended direct commission for this artwork, with the principle that
Indigenous artists should not compete for opportunities. Canadian Artist Representation
Indigenous Protocols for the Visual Arts (2022)also supports this method of commission.
In November 2022, the City of Pickering engaged three artist teams to provide consultation to
determine infrastructure needs for public art and inform an Open Call for public art at the
Pickering Heritage & Community Centre (PHCC). At that time, SpruceLab Inc. submitted a
concept for two public artworks at the PHCC. Artist concepts were reviewed by City staff who
found that the concept submitted by SpruceLab Inc. for the public art Dkibi was more strongly
aligned with the identified Terms of Reference (Attachment 2) for public art at the RFBWP
location than the PHCC site.
RFBWP Terms of Reference call for a permanent art piece to be created by Indigenous artists.
The work is to be highly durable and suitable for the location, complementing the site and
surrounding ecological environment. Given the park’s proximity to water, the work is to
consider ways of celebrating water in playing a critical role in both the natural and cultural
histories of Pickering. The public artwork Dkibi met all of these requirements and has therefore
been recommended for the RFBWP site instead of the PHCC project.
For the public art proposal SpruceLab Inc. has partnered with the Indigenous-led artist
collective Dbaajmowin (story/narrative, Ojibwe Eastern and Odawa dialect). Indigenous-led
artist collective Dbaajmowin is comprised of Anishinaabe artists Amber Smith Quail and Karl
Chevrier, and sculptor, Jacques Baril.
As per Section 07.02 of the Policy, a Public Art Jury must be established for each acquisition
of $25,000.00 and over in value. The Public Art Jury is to be organized on a case by case and
project by project basis. The Public Art Jury evaluates the artist proposals in accordance with
the Artist Evaluation Criteria in Section 07.03 and Acquisition Criteria in Section 06.04 of the
Policy. A Public Art Jury was convened to judge the submissions based on criteria established
in the Public Art Policy.
Spruce Lab Inc. presented their concept to the Public Art Jury on May 9, 2023. Based on the
jury’s review SpruceLab Inc. was recommended as the Artist to be awarded the direct
commission of the public art at RFBWP. The Public Art Jury recommendation was endorsed by
the Public Art Committee on May 11, 2023 and by the Cultural Advisory Committee on May 16,
2023.
Their public art submission by SpruceLab Inc. in collaboration with the Indigenous-led artist
collective Dbaajmowin is set in Attachment 3. SpruceLab Inc. made the following statement:
CS 20-23 June 5, 2023
Subject: Rotary Frenchman’s Bay West Park Page 4
“The art installation is inspired by the principle of ‘respect’, and the Haudenosaunee Teaching
to think and act in ways that consider seven generations back and seven generations into the
future. Dkibi (‘a spring’, in Anishinaabemowin, Eastern dialect, ‘kih-bih’) is a story about Water,
which has always played a critical role in the natural and cultural histories of the Pickering
area. Water is a creative force through time, from carving the nearby slopes of the ancient
Lake Iroquois, to the ever-flowing groundwater that replenishes wells. When water rises to the
surface, a spring is formed, showing it as a life force.”
Staff request that Council endorse the commission of public art for RFBWP be awarded to
SpruceLab Inc. in the amount of $80,000.00 (HST included).
The Letter of Understanding (Attachment 1) was drafted by Cultural Services staff and
reviewed by Legal Services and Finance. The Letter of Understanding defines the relationship
and responsibilities between the City and the Artist. Staff are requesting Council to authorize
the Mayor and City Clerk to execute the Letter of Understanding with SpruceLab Inc.
The installation will take place in Fall, 2023.
Attachments:
1. Agreement – Letter of Understanding
2.RFBWP – Terms of Reference
3. SpruceLab Inc. – RFBWP Artist Submission
Prepared By: Approved/Endorsed By:
Original Signed By:Original Signed By:
Laura Gibbs, MBA, MSc Sarah Douglas-Murray
Division Head, Culture & Community Director, Community Services
Programming
SDM:lg
Recommended for the consideration
of Pickering City Council
Marisa Carpino, M.A.
Chief Administrative Officer
Original Signed By:
Letter of Understanding
Public Artwork Agreement
This agreement made the Day/Month/Year
BETWEEN: SpruceLab Inc.
(hereinafter called “the Artist”)
AND
THE CORPORATION OF THE CITY OF PICKERING
(hereinafter called “the City)
1.Introduction
This Letter of Understanding pertains to the creation and installation of the artwork for the Rotaory
Frenchman’s Bay West Park (RFBWP) for the City of Pickering. This document defines the
relationship and responsibilities between the City and the Artist. The final artwork is to be unveiled
November, 2023.
This Letter of Understanding conforms to the City of Pickering Public Art Policy (CUL 010) and the
City of Pickering Standard Quotation Terms & Conditions.
2.Background
The Rotary Frenchman’s Bay West Park (RFBWP) Master Plan was updated and approved at the
Executive Council meeting on November 5, 2020. The RFBWP Master Plan includes 8 Interpretative
Nodes that include public art and interpretative elements as part of the planned park design. This
artwork will be located in one of the eight designated Interpretative Nodes. With the approval of the
2023 Current Budget, Council endorsed the funding to carry out the purchase of public art for the
RFBWP..
This public art piece called Dkibi (‘a spring’, in Anishinaabemowin, Eastern dialect, ‘kih-bih’), is to be
created and executed by SpruceLab Inc. alongside the Indigenous-led artist collective Dbaajmowin
comprised of Anishinaabe artists Amber Smith Quail and Karl Chevrier, and sculptor, Jacques Baril.
Artwork proposal under Schedule B.
Spruce Lab Inc. presented their concept to the Public Art Jury on May 9, 2023. Based on the jury’s
review SpruceLab was recommended as the Artist to be awarded the direct commission of the public
art at RFBW P. The Public Art Jury recommendation was endorsed by the Public Art Committee on
May 11, 2023 and by the Cultural Advisory Committee on May 16, 2023.
Based on the SpruceLab Inc. were recommended as the Artists to be awarded the direct commission
of public art at RFBWP.
3.Definitions
Artwork - The “Artwork” means the final piece of artwork developed from the design, model, and
specifications provided by the Artist and approved by the City, which Artwork is more particularly
specified in Schedule “B” attached hereto.
The Work - The “Work” means designing, producing and fabricating the Artwork as well as delivering
and installing it at the Place of Installation.
Attachment 1 to Report CS 20-23
Letter of Understanding
Public Artwork Agreement
Place of Installation - The “Place of Installation” is to be determined through first nations community
consultation, however it is understood that the work will be installed at RFBWP as specified in
Schedule “A” attached hereto.
4. Artist Fee: Compensation and Payment Schedule
a) The all-inclusive price to be paid by the City for the Artwork, completed and installed shall be
$80,000.00 CAD, inclusive of all applicable federal and provincial taxes including HST.
b) Each stage of the payment shall be accompanied by a detailed summary of work completed
by the Artist that including updated drawings and images that states that the Work has
progressed and is proceeding according to schedule C and will be installed by the Delivery
Date (as defined below).
c) HST shall be enumerated as a separate item on each staged and scheduled payment
pursuant to this Article.
Payment shall be structured in a payment schedule to the Artist as follows:
i) $26,666.66 at and the end of Phase 2 which includes execution of the agreement by all
parties, preliminary fabrication schedule, confirmation of location and submission of an
invoice from the Artist;
ii) $26,666.66 - at the end of Phase 3 which includes final sign off on shop drawings for
production, a shipping and installation plan and submission of an invoice from the Artist;
and,
iii) $26,666.68 at the end of Phase 4 which includes installation of the artwork to the
satisfaction of the City at RFBWP and upon submission of an invoice from the Artist.
The City agrees:
a) to pay the Artist all funds due and as provided for herein.
5. Payments of Sub-Contractors
The Artist agrees:
a) to ensure that payments will be made to all suppliers and subcontractors that may be
engaged by the Artist in regard to the design, fabrication, storage, delivery and installation of
the Artwork. At the City’s request, the Artist shall provide evidence of such payment.
6. Performance
The Artist agrees:
a) to provide all work and materials necessary to create the Artwork and to fulfill all its obligations
as set out in this Agreement;
Letter of Understanding
Public Artwork Agreement
b) that the materials, methods and processes used to produce the Artwork shall be of first-class
quality and expressive of the approved design; and
c) to use first class skills, diligence and workmanship as are normally found in the artistic
profession, and ensure that all materials incorporated into the Artwork are of the utmost quality
and design.
7. Timelines and Completion of Deliverables
The Artist agrees:
a) to complete the installation of the Artwork to the satisfaction of the City no later than October
31, 2023 (“the Delivery Date”) or such later date as may be agreed upon by the Artist and the
City in writing. The installation will include a maintenance/conservation plan submitted by the
Artist;
b) during the design and production of the Artwork, to keep the City advised of the status of the
production of the Artwork. If required by the City, the Artist shall allow representatives of the
City to view the Artwork during its various stages of production or provide progress
photographs;
c) to submit a progress report and invoice, with supporting receipts and invoices from sub-
contractors, in the form specified by the City, prior to each payment date set out in Schedule
“C”.
d) to provide a conservation and maintenance plan; and
e) to provide to the City photographs of the Artwork during and after installation in accordance
with Schedule “C”.
The City agrees:
a) to ensure that should the Artist require direction in any regard to the design, fabrication or
installation of the Artwork, the City shall provide such direction in a prompt and timely fashion.
8. Detailed Design
The Artist agrees:
a) To evaluate all material and data relevant to the Artwork as provided by the City and shall
facilitate production of the final design, working with the Cultural Services Unit and [other City
departments and design team members, as needed] and, in order to finalize the detailed
design and the exact location of the Artwork within the Installation Site, to the satisfaction of
the City.
9. Specifications
The Artist agrees:
a) to provide detailed drawings and specifications to the satisfaction of the City and shall advise
the City, in writing, through the Coordinator, Public Art, of all factors relating to the Artwork’s
theme, budget, critical path, location, size, materials, structural, mechanical and technological
Letter of Understanding
Public Artwork Agreement
requirements, installation methods, and future maintenance requirements, to be determined by
the Artist in consultation with the Coordinator, Public Art; and
b) Substantive changes to the Artwork may be undertaken by the Artist only upon receipt of prior
written authorization by the Division Head, Culture and Community Programming provided
however, that the City’s objection to any feature of the Artwork which is reasonably attributable
to the exercise of the Artist’s aesthetic judgement during the progress of the development of
the Artwork shall not be considered a substantive change and shall not be a basis for
withholding acceptance or payment for the Artwork.
10. Permits and Engineers Stamp
The Artist agrees:
a) to obtain at the Artist's sole cost and expense, all permits necessary for the delivery and
installation of the Artwork and prepare all materials, documents, reports, plans and drawings,
required in order to obtain any Structural Engineers' stamps required in connection with the
manufacture and installation of the Artwork at the Installation Site.
11. Delivery, Installation and Protective Measures
The Artist agrees:
a) to be solely responsible for all costs and supervision of the actual fabrication, production and
installation of the Artwork including the cost of any site preparations or safety precautions that
are required for the installation of the Artwork in its final location unless otherwise specified by
the City. If protection during installation is required, then the Artist is to provide it;
b) to deliver the Artwork to the specific site as set out in Place of Installation, free from all defects
and in compliance with the specifications as outlined in Schedule “C” attached hereto;
c) The Artist shall coordinate the installation of the Artwork with the Coordinator, Public Art and
permit such inspections of the installation as the City may require. If any costs result from the
Artist failing to coordinate the Artist's work with that of [City divisions and contractors], all such
costs shall be borne by the Artist;
d) upon installation of the Artwork, to clean the Artwork to ensure that all dirt, imperfections and
extraneous materials are removed from the Artwork; and
e) that installation shall have been deemed to be complete when acceptance by the City or by its
designated agent.
The City agrees:
a) to provide, at its expense, a permanent marker in keeping with the quality and type of the
Artwork which will identify the name of the Artist, the name of the Artwork and the year of the
Artwork.
12. Damage to Artwork and Artist’s Property
The Artist agrees:
Letter of Understanding
Public Artwork Agreement
a) that in the event of physical loss or damage to the Artwork prior to completion of installation
and acceptance of the Artwork by the City, the Artist shall immediately take all necessary steps
to rectify the loss or damage by repair, restoration, replacement or other appropriate means as
soon as is reasonably possible at no additional expense to the City. Where necessary, the
Artist may collect insurance proceeds before rectifying the loss or damage and shall rectify the
loss or damage as soon as is reasonably possible after receipt of said funds; and
b) to be responsible for any loss or damage whatsoever to any of the Artist's materials, goods,
equipment or supplies and will maintain all-risk coverage as required by this Agreement and as
any prudent owner of such materials, goods, supplies and equipment would maintain. The
Artist shall have no claim against the City or the City’s insurers for any damage or loss to the
Artist's property and shall require his insurers to waive any right of subrogation against the
City.
The City agrees:
a) that following acceptance of the Artwork, the City will use its best efforts to maintain and repair
any damage done to the Artwork by vandalism or other means substantially in accordance with
the conservation and maintenance plan to be provided by the Artist. The City will make
reasonable efforts to inform the Artist of such damage and to offer the Artist the opportunity to
consult with the City on the proposed repairs.
13. Warranty, Repair and Maintenance
The Artist agrees:
a) that upon receipt of the Artwork, should the City find any deficiencies in the Artwork, it will
advise the Artist in writing and the Artist must rectify such deficiency within ten (10) days of
receipt of such notice. Should it not be possible to complete rectifying the deficiencies within
ten (10) days, the Artist shall provide a Schedule to the City that is acceptable to the City
indicating when completion will occur;
b) in the event that the Artwork shall require repairs subsequent to the date of completion arising
from normal weathering and “wear and tear”; then in such event the City shall advise the Artist
in writing as to the nature of such repair and offer the Artist first right of refusal to carry out
such repair within times and consideration as mutually agreed upon by the City and the Artist.
Should the Artist fail to advise the City within thirty (30) days of receipt by the Artist of the
written offer, or should the Artist and the City fail to agree on times and consideration, then in
any such event the City, or a third party hired by the City, shall be at liberty to carry out any
and all repairs. In determining the time and consideration for such repairs, both parties agree
to act reasonably; and
c) notwithstanding the foregoing and with the exclusion of the maintenance criteria set out in the
conservation and maintenance plan submitted by the Artist, during the first three (3) years after
installation and acceptance by the City, the Artist agrees to repair any defects or deficiencies
(normal weathering and “wear and tear” excepted) in the Artwork without any charge to the
City.
Letter of Understanding
Public Artwork Agreement
The City agrees:
a) to keep the Artwork in a clean condition, free of debris or banners or signage which defaces
the Artwork, all to the level which the City considers to be appropriate and in accordance with
the conservation and maintenance plan to be approved by the City and that will be provided by
the Artist.
14. Removal and Relocation of Artwork
The City agrees:
a) to endeavor to exhibit the Artwork in the original location and in its original and complete
format subject to the City’s right to decommission or remove the Artwork or a particular piece
thereof for reasons which may include, but are not limited to, the structural integrity of the
Artwork, expiry of the expected lifespan of the Artwork, extensive or irreparable damage or
vandalism or by reason of the necessity to accommodate the effective operation of the Log
Barn; and
b) to consult, where possible, on the restoration or removal of public art, but shall retain the right
to restore, relocate, or archive a work of public art without the artist's and/or donor's consent.
15. Insurance
The Artist agrees:
a) that upon request by the City, the Artist shall take out and keep in force a policy of liability
insurance in the amount of $2,000,000 inclusive each occurrence (or such larger amount as
may be required), and not less than two million ($2,000,000.00) automotive liability insurance
coverage. Certificate(s) of insurance shall be provided upon request by the City.
i. The policy shall include The Corporation of the City of Pickering, as additional named
insured without subrogation in respect of all operations performed by or on behalf of the
Company, a certificate of insurance shall be completed by the Company’s agent, broker
or insurer.
ii. The policy shall not be altered, cancelled or allowed to expire or lapse, without thirty
(30) days prior written notice to the City.
iii. If the City is not provided with a renewal of the policy at least thirty (30) days prior to its
expiration date, then the City may arrange a public liability policy insuring the City in the
amount of $2,000,000.00 and an automotive liability policy insuring the City in the
amount of two million ($2,000,000) at the expense of the Company, which may be
recovered from amounts owed to the Company or from any form of security still in the
City's possession.
Letter of Understanding
Public Artwork Agreement
16. Indemnification
The Artist agrees:
a) to indemnify and hold harmless the City, its Mayor and Councillors, employees and agents for
any and all losses, claims, demands, suits, actions, judgments, or costs which may arise from
any physical deficiencies or deformities or structural failures of the Work which render the
Artwork inconsistent with the approved design. The Artist agrees that this indemnity shall
survive the period of time required to fulfill this contract and extend to the useful life of the
Artwork and shall be binding upon the Artists’ personal representatives, administrators,
executors and assigns;
b) to indemnify the City, its Mayor and Councillors, employees and agents from and against all
liens, all builders liens, claims, actions, costs and damages which may arise during installation
of the Work on the Place of Installation. No finding of negligence, whether joint or several, as
against the City in favour of any third party shall operate to relieve or shall be deemed to
relieve the Artist in any manner from any liability to the City, whether such liability arises under
this Agreement or otherwise; and
c) to warrant that the Artwork is original to the Artist and does not violate any copyright of any
other person. The Artist shall indemnify and hold harmless the City, its Mayor and Councillors,
employees and agents for any and all losses, claims, demands, suits, actions, judgements or
costs that may arise from the allegation that the Artwork is not original to the Artist.
17. Occupational Health and Safety Act
The Artist agrees:
a) to conform to and enforce strict compliance with the requirements of the Occupational Health
and Safety Act, R.S.O., 1990 c.0.1 and all regulations thereunder, as amended from time to
time (collectively the "OHSA").;
b) that nothing in this Agreement shall be construed as making the City the "employer" (as
defined in the OHSA) of any workers employed or engaged by the Artist either instead of or
jointly with the Artist; and
c) that it will ensure that all subcontractors engaged by it are qualified to perform the services and
that the employees of the Artist and of all subcontractors are trained in the health and safety
hazards expected to be encountered in the Services.
18. Workplace Safety & Insurance
The Artist agrees:
a) that all of the Company’s personnel must be covered by the Workplace Safety & Insurance
Board at the Company’s expense. The Company shall provide the City with a Clearance
Certificate from the Workplace Safety & Insurance Board prior to the commencement of work,
certifying that all assessments and liabilities payable to the Board have been paid, and that the
bidder is in good standing with the Board;
b) to provide the City with a Clearance Certificate prior to final payment certifying all payments by
the Company to the Board in conjunction with the subject Contract have been made and that
Letter of Understanding
Public Artwork Agreement
the City will not be liable to the Board for future payments in connection with the Company’s
completion of the project; and
c) that a Company deemed to be an Independent Operator by the Workplace Safety & Insurance
Board will provide a copy of such letter to the City containing the Independent Operator
identification number issued by the Board. An Independent Operator must be covered by
WSIB optional insurance and provide proof of this coverage upon request.
19. Delays
The Artist and the City agree that:
a) neither party shall be responsible for any failure to comply with or for any delay in performance
of the terms of this Agreement including but not limited to delays in delivery, where such failure
or delay is directly or indirectly caused by or results from events of force majeure beyond the
control of the party sought to be charged. These events shall include, but not be limited to fire,
earthquake, accident, civil disturbances, war, rationing, allocation of embargoes, strikes or
labour problems or delays in transportation, inability to secure necessary materials, parts or
components, delay or failure of performance of any supplier or subcontractor, acts of Nature or
acts of Government.
20. Early Termination
The Artist and the City agree that:
a) notwithstanding any other provision of this Agreement, the City may, at any time and without
cause, prior to completion of the Artwork, terminate this Agreement by providing sixty (60)
days' notice in writing to the Artist. In the event of such termination, the City shall not incur any
liability to the Artist other than work completed to the date of termination in accordance with the
payment schedule and reimburse the Artist for the demonstrable, reasonable actual costs to
the Artist incurred in connection with the Artwork, to the date of termination, as well as any
demonstrable, reasonable outstanding liability owed by the Artist to the Artist's contractors,
subcontractors, or employees incurred in connection with such termination;
b) failure of the Artist to perform its obligations under the Agreement shall entitle the City to
terminate the Agreement upon ten (10) calendar days’ written notice to the Artist if a breach
which is remediable is not rectified by the Artist to the City's satisfaction and within the
timeframe set out in the City's notice of breach. In the event of such termination, the City shall
not incur any liability to the Artist other than work completed to the date of termination in
accordance with the payment schedule and reimburse the Artist for the demonstrable,
reasonable actual costs to the Artist incurred in connection with the Artwork, to the date of
termination, as well as any demonstrable, reasonable outstanding liability owed by the Artist to
the Artist's contractors, subcontractors, or employees incurred in connection with such
termination;
c) all rights and remedies of the City for any breach of the Artist's obligations under the
Agreement shall be cumulative and not exclusive or mutually exclusive alternatives and may
be exercised singularly, jointly or in combination and shall not be deemed to be in exclusion of
any other rights or remedies available to the City under the Agreement or otherwise at law;
Letter of Understanding
Public Artwork Agreement
d) no delay or omission by the City in exercising any right or remedy shall operate as a waiver of
them or of any other right or remedy, and no single or partial exercise of a right or remedy shall
preclude any other or further exercise of them or the exercise of any other right or remedy; and
e) upon termination, all work and material of the Artist pertaining to the Artwork shall be delivered
to or retained by the City at no further cost or liability to the City.
21. Ownership
The Artist and the City agree:
a) ownership of the Artwork, the model/maquette and all documentation supplied to the City in
connection with the Artwork, will vest in the City upon final payment for same.
22. Copyright
The Artist and the City agree that:
a) copyright in the Artwork shall remain with the Artist.
The Artist agrees:
a) to hereby grant the sole, perpetual and royalty free license to exhibit the Artwork in public and
to use photographs, drawings, film, video, and other mechanical reproductions of the Artwork
throughout the world to the City for publicity purposes only.
b) to authorize the City to use the Artist’s name in connection with the Artwork and in the
promotion and advertising of the City.
c) not to replicate the Artwork for any other client or purchaser.
d) to use best efforts to give credit to the City as the owner of the Artwork.
The City agrees:
a) to use its best efforts to have the Artist’s name associated with the Artwork in photographs,
drawings or other reproductions of the Artwork except where the Artwork is not the primary
subject of the said reproduction.
23. Death or Incapacity of Artist
The Artist and the City agree that:
a) in the event of a death or incapacity of the Artist before the complete installation of the Artwork,
the City shall be vested with title to the unfinished Artwork upon paying the Artist, their
personal representatives, administrators, executors or executrix a sum in the direct proportion
of the percent of the Artwork completed to that date as determined by the City and shall be
permitted to complete the Artwork in a manner generally consistent with the original design of
the Artist.
Letter of Understanding
Public Artwork Agreement
24. Mediation
The Artist and the City agree:
a) that all disputes pertaining to the interpretation or implementation of this Agreement shall be
resolved first by good faith negotiation between the parties. In the event that a dispute cannot
be resolved by negotiation between the parties, the parties agree to use the services of a
mediator to attempt to resolve their differences and failing agreement on the procedure to be
followed, it shall be conducted in accordance with the “Rules of Procedure for the Conduct of
Mediation” of the ADR Institute of Ontario. In the event that the mediation does not result in a
settlement of the dispute, any unresolved issues may be taken to any other appropriate
dispute resolution process agreed to by the parties, including arbitration or an appropriate
court process. Should arbitration be chosen, it will be conducted in accordance with the “Rules
of Procedures for the Conduct of Arbitration” of the ADR Institute of Ontario pursuant to the
Arbitrations Act; and
b) any claim or action brought pursuant to this Agreement shall only be brought in the courts of
the Province of Ontario.
This Agreement forms the entire agreement between parties and no other representations either oral
or written shall form part of this Agreement.
The rights and remedies of the City under this Agreement are cumulative and in addition to any rights
and remedies provided by law or equity.
To the City at:
The City of Pickering
One the Esplanade
Pickering, Ontario
The City’s Representative for the purpose of this Agreement will be
Laura Gibbs
lgibbs@pickering.ca
To the Artists at:
SpruceLab Inc.
sheila@sprucelab.ca
https://sprucelab.ca/
Or to such other address or person as the parties may designate to each other in writing.
Letter of Understanding
Public Artwork Agreement
It is deemed that notice is received five (5) days after the mailing of any notice or upon delivery, if
personally delivered.
IN WITNESS WHEREOF the parties hereto have had this Letter of Understanding executed.
____________ _______________
Full name, artist Date
_____________ _______________
Kevin Ashe, Mayor Date
City of Pickering
_____________ _____ _______________
Susan Cassel, City Clerk Date
City of Pickering
Letter of Understanding
Public Artwork Agreement
GENERAL
Schedule A: Artwork Location
Schedule B: The Artwork (Artist’s Concept proposal document attached)
Schedule C: Fabrication Schedule
Letter of Understanding
Public Artwork Agreement
SCHEDULE A
ARTWORK LOCATION
1 ROTARY FRENCHMAN’S BAY WEST PARK – FIGURE 1
1 ENTRY WAY TO RFBWP
2 TRAFFIC TURN-AROUND WITH DROP-OFF AND GATHERING SPACE
3 ENTRY WAY TO WATERFRONT TRAIL
1
3
2
Letter of Understanding
Public Artwork Agreement
SCHEDULE A (CONTINUED)
ARTWORK LOCATION
2 ROTARY FRENCHMAN’S BAY WEST PARK – FIGURE 2
4 BEACH ACCESS LINK
5 ELEVATED VIEWING/ SEATING AREA WITH S HADE STRUCTURE
6 PASSIVE WATERFRONT RECREATIONAL NODE
7 WATERFRONT INTERPRETIVE NODE
8 FRENCHMAN'S BAY HARBOUR ENTRANCE
*NOTE:
LOCATIONS 1 TO 6 COULD BE CONNECTED TO POWER, WHEREAS LOCATIONS 7 AND 8 DON’T HAVE POWER ACCESS. PAST
LOCATION 6, THE AREA IS ENVISIONED TO REMAIN NATURAL, NO STREET LIGHTING WILL BE INSTALLED.
4
5 6
7
8
Letter of Understanding
Public Artwork Agreement
SCHEDULE B
THE ARTWORK (ARTIST’S CONCEPT PROPOSAL DOCUMENT ATTACHED)
Letter of Understanding
Public Artwork Agreement
SCHEDULE C
Detailed Fabrication Schedule
WORK PLAN
The completion dates for each phase of the project as set out below shall be finalized upon final
determination of the construction commencement date and prior to commencement of the Phase 2
services.
Phase 1 – July 7 , 2023
• Agreement signed by all parties
• Proof of insurance and WSIB provided to the satisfaction of the City
Phase 2 - To be completed by August 15, 2023, to the satisfaction of the City
• Site Visit arranged with City staff.
• Site location confirmed for the artwork. The artist will identify the location for the artwork based
on the 8 interpretative nodes identified by the City of Pickering.
• The artist will develop a fabrication schedule
This phase will include the following client approvals:
• approval of final site location
• approval of a fabrication schedule for creation of the artwork
Phase 3 - To be completed by September 30, 2023 to the satisfaction of the City
• Final design drawings including preliminary engineer review
• Text information for plaque
This phase will include the following client approvals:
• Final sign-off of shop drawings for production
• Shipping and installation plan completed, in cooperation with the artist and other relevant
contractors, and to the satisfaction of the City.
Phase 4 - Installation – to be completed on or before October 31, 2023 to the satisfaction
of the City
• Fabrication of the artwork complete
• On-site installation of artwork
This phase will include the following client approvals:
• Delivery of maintenance plan
• Final acceptance of Artwork to the satisfaction of the City.
Terms of References
RFBWP
1
January 20, 2023
Land Acknowledgment
The City of Pickering resides on land within the Treaty and traditional territory of the Mississaugas
of Scugog Island First Nation and Williams Treaties signatories of the Mississauga and Chippewa
Nations. Pickering is also home to many Indigenous persons and communities who represent
other diverse, distinct, and autonomous Indigenous nations. This acknowledgement reminds us of
our responsibilities to our relationships with the First Peoples of Canada, and to the ancestral
lands on which we learn, share, work, and live.
Public Art in the City of Pickering
The City of Pickering is committed to and supportive of the benefits of public art and recognizes
that art in public spaces is a valuable asset that enhances the social/cultural, built heritage and
natural environments. Through public art, we beautify our environment; engage the community in
Creative Place-Making; and, celebrate our values, stories, culture, heritage, and diversity while
defining our unique identity. Public Art enhances quality of life for citizens and visitors; and,
strengthens community pride, tourism and economic growth.
Project Description: Rotary Frenchman’s Bay West Park (RFBWP)
The City of Pickering’s Cultural Strategic Plan (2014) outlines the City’s commitment to collaborate
with the community to celebrate our cultural diversity, heritage and the arts; to sustain our
natural environment; to foster a creative economy; and to strengthen our vibrant
neighbourhoods.
This permanent public art piece is to be created/led by Indigenous artists. The work is to be highly
durable and suitable for the location, yet complementing the site and the surrounding ecological
environment. Given the site’s proximity to water, the work is to consider ways of celebrating
water in playing a critical role in both the natural and cultural histories of Pickering.
Site History and Neighbourhood Context:
RFBWP is located on the southwest shore of Frenchman's Bay on Beachpoint Promenade off the
south end of West Shore Drive.
The Rotary Frenchman's Bay West Park has been designated as an Environmentally Sensitive Area
by the Toronto Region Conservation Authority due to its diversity of vegetation and significant
natural features. The park is characterized by a barrier beach, sand bar coastal wetlands,
meadows, and climax forest. The barrier beach is a dynamic beach and sand dune system that is
dominated by marram grass and eastern cottonwood. This sand dune complex is a critically
important and rare coastal ecological community that can be found in only a few locations within
the Greater Toronto Area. The shoreline and dune stabilization process that is being undertaken
by the TRCA has helped establish and protect the coastal wetlands found in Frenchman's Bay.
Some of the region's best surfing and kite boarding can be done here. The parks location and
configuration provide for perfect winds and waves along the kilometer-long sandy beach.
Attachment 2 to Report CS 20-23
Terms of References
RFBWP
2
The park is currently undergoing a $2.8 million Master Plan revitalization and will address the
impact of major storms and high-water levels on the site, as well, expanded parking, accessible
paths, a small boat launch and dock area, a children's play area adjacent to picnic facilities, an
outdoor classroom area, a new storage facility and associated public washrooms, and a boardwalk
to the proposed west harbor entrance break wall.
The objective of this park revitalization, which has been consistent since land acquisition and
though the various plan revisions, is:
•to preserve, protect and enhance the valuable ecosystem components of the site;
•to develop park infrastructure that will maintain and improve the users experience of;
•the site by providing enhanced trails and passive interpretive opportunities; and
•to develop innovative resolution to community issues.
Construction of RFBWP is to be completed by Fall 2023.
Artwork Location:
The artwork will be located in RFBWP, 939 Beachpoint Promenade, Pickering, ON L1W 2A4,
Pickering. The newly redesign waterfront trail inside RFBWP provides a public site for an Ingenious
permanent public artwork.
The exact location of the work will be determined through consultation with the local Indigenous
community.
Below are some locations that have been determined suitable by City staff:
Terms of References
RFBWP
1
2
3
1 Rotary Frenchman’s Bay West Park – Figure 1
3
2 Rotary Frenchman’s Bay West Park – Figure 2
5
4
6
7
8
4
1 Entry way to RFBWP
2 Traffic turn-around with drop-off and gathering space
3 Entry way to Waterfront Trail
4 Beach access link
5 Elevated viewing/ seating area with shade structure
6 Passive waterfront recreational node
7 Waterfront interpretive node
8 Frenchman's Bay Harbour entrance
*Note:
Locations 1 to 6 could be connected to power, whereas locations 7 and 8 don’t have power access. Past location 6, the area is envisioned to
remain natural, no street lighting will be installed.
5
Terms of References
RFBWP
Artist Selection Process: Direct Commission
As per Section 08.01 of the CUL 130 Public Art Policy (the Policy), Direct Invitation/Commission or
Purchase (Single/Sole-Source) occurs when a single artist is identified to complete a Public Art
project.
Rational for Direct Commission: Indigenous Partnership Building
As per Section 03.01 of the Pubic Art Policy, The City of Pickering is committed to and supportive
of the benefits of public art and recognizes that art in public spaces is a valuable asset that
enhances the social/cultural, built heritage and natural environments. Through public art, we
beautify our environment; engage the community in Creative Place-Making; and, celebrate our
values, stories, culture, heritage, and diversity while defining our unique identity. Public Art
enhances quality of life for citizens and visitors; and, strengthens community pride, tourism and
economic growth. The commission and acquisition of Public Art is exem pt from the City's
Purchasing Policy and must therefore be conducted in accordance with the processes outlined in
this Policy.
As stated above, Section 08.01 of the Public Art Policy, Purchase or Commission of Art sates that
depending on the nature of the artwork, it may be secured through:
Direct Invitation/Commission or Purchase (Single/Sole-Source) occurs when a single artist
is identified to complete a Public Art project, or when and existing piece of Public Art is
purchased.
During conversations with the Indigenous Relationship Building Circle (IRBC) members from the
IRBC identified with Cultural Services and Equity Diversity and Inclusion staff that Indigenous
artists/designers should not compete for opportunities taking place on their land. This was shared
in context of commissioning an artist to design the commemorative orange crosswalk led by
Jaclyn T. San Antonio, Senior Advisor, Equity, Diversity & Inclusion.
Specifically, on December 13, 2022 during the IRBC’s yearend meeting members identified that
they would like to be involved and see Indigenous led public art throughout the City of Pickering.
This will advance economic reconciliation through the direct support of Indigenous artists and
businesses.
This rational to directly commission Public Art from Indigenous led organization makes good on
the City’s commitment to the Indigenous Relationship Building Action Plan and the Cultural
Strategic Plan.
Artist Evaluation Process:
Per the City of Pickering Public Art Policy section 07.02, a Public Art Jury must be established for
each acquisition of $25,000 and over in value. The Public Art Jury will be organized on a case by
case, and project by project basis.
6
Terms of References
RFBWP
7
The composition, duration and terms of reference for any Public Art Jury will be dependent on the
nature of the Public Art project. Appointees to a Public Art Jury may consist of:
• Three City staff which may include representatives (e.g. department heads, Heritage
Planner, Library) from other City of Pickering departments, as appropriate, that may be
impacted by the location, or subject matter of a Public Art project.
• Three resident members from the Public Art Committee.
• Two professional artists that are not residents of the City of Pickering.
• One professional architect that is not a resident of the City of Pickering.
When evaluating specific artwork proposals, the Public Art Jury will consider the vision, mandate
and objectives of the Public Art Program and the objectives listed in the Public Art Opportunity
outlined in the Terms of References. The Public Art Jury (as per section 07.02 of the City of
Pickering Public Art Policy) will also consider the artist's:
• Artistic excellence of previous work;
• Ability to achieve the highest quality of contemporary artistic excellence and innovation;
• Professional qualifications and relevant working experience as related to the public art
project brief;
• Ability to manage a project and experience working with a design team, project team
and/or community group, as appropriate;
• Potential to comprehend, access and interpret relevant technical requirements; and,
• Interest in and understanding of the public art opportunity and the context.
The Public Art Jury in reviewing the proposal will also take into account the following:
Community Relevance and Impact
• Suitability for display in a public space
• Reflects the City's heritage, and/ or history, culture and diversity, and/or natural
elements and landscapes
• Builds appreciation for public art
Overall Quality and Authenticity
• Originality of style
• Intrigues viewers and stimulates imagination
• Artist reputation, demonstrated and related experience
• Condition of past artwork
Location
• Site suitability
• Response to or complements the location's uses and users
Economic Value
• Short- and long-term costs
• Tourism potential
Terms of References
RFBWP
8
Installation Maintenance & Conservation
• City's ability to accommodate installation requirements
• City's ability to safely display, maintain and conserve the work
• Long-term maintenance cost
• Longevity of the artwork
• Environmental impact
Submission
• Compliance with guidelines outlined in the Public Art Policy and accompanying "Call to
Artist"
• Quality of the approach/work plan and methodology (Scope of Work)
• Ability to meet budgetary estimates and timelines (Budget Breakdown)
Additionally, the City will not purchase or display art that:
• violates any City policy;
• conveys a negative message that might be deemed prejudicial;
• promotes alcohol and other addictive substances;
• presents demeaning or derogatory portrayals of individuals or groups or contains
anything, which in light of generally prevailing community standards, is likely to cause
deep or widespread offence; and,
• is in direct competition with City of Pickering services, programs or initi atives.
Decisions of the Public Art Jury are final.
Budget:
$80,000 CAD including HST (maximum). This is the total amount available for all related expenses
of this permanent public art project including, but not limited to: artist fees, all applicable taxes,
detailed renderings, materials, community consultations and schedules or other expertise as
required, insurance, equipment, travel to meetings and to the site, and an artist statement for
completed work.
The directly commissioned artist/team will enter into a written agreement with the City of
Pickering following the approval of the acquisition of the public art. This agreement will address
the artist's obligations, which include, but are not limited to:
• Materials
• Timeline
• Installation
• Maintenance and/or conservation plans
• Warranty
• Copyright, Intellectual Property and Moral Rights
• Payments to sub-contractors
Terms of References
RFBWP
9
Project Timeline
January 20, 2023 Issue Terms of References
May 5, 2023 Collect Public Art Proposal
May 9, 2023 Application review by Public Art Jury
May 11, 2023 Public Art Committee Endorsement
May 16, 2023 Cultural Advisory Committee Endorsement
June 5, 2023 Council Executive Meeting Approval of Funding
Spending
June 6, 2023 Deadline to notify Directly Commissioned Artist
Week of June 12, 2023 Project Contract signed and executed
Week of June 22, 2023 Community consultation and Artwork fabrication
Late September 2023 Artwork installation
October 2023 Artwork unveiling and community celebration
*Schedule subject to change
Terms of References
RFBWP
10
Post Direct Commission Procedure
Final Recommendation and Awarding of the Commission
• The Public Art Jury will approve the artist (artist team) and make its recommendation to
the City.
• No appeals from artists (artist teams) are permitted.
• The Public Art Jury may elect not to choose a finalist artist (artist team).
• No official winner of the competition may be made public until the agreement between
the City of Pickering and the finalist artist (artist team) has been determined.
Ownership, Use of the Artwork by the Finalist Artist (Artist Team) and
Copyright
Artwork acquired for the Public Art Collection shall become the property of the City of
Pickering except those artworks subject to the parameters for Temporary Public Art as outlined in
Section 08.03 of the CUL 130 Public Art Policy.
The City will respect the artist's right of authorship and the integrity of the public art.
Except in very rare circumstances, the Artist(s) shall own all Intellectual Property in the work
developed. Following best practice in North American Public Art Programs, they will not be asked
to waive their Artist Moral Rights or assign their copyrights.
Artist(s) will be asked to provide a royalty-free non-commercial license to the City of Pickering for
images of their work in perpetuity.
Basic Conditions – Future Agreement(s) between the Directly Commissioned
Artist (Artist Team) and City of Pickering
The directly commissioned artist (artist team) and the City of Pickering will enter into an
Agreement, which will include the identification of the scope of work to be performed by the
artist, payments and performance schedules to be followed.
Questions & Contact
Artists may submit questions about any aspect of this competition by email to the following
address: sbarakov@pickering.ca
Stoyan Barakov
Coordinator, Public Art
Community Services
M: 289.200.7829
T: 905.420.4660 ext.1097
sbarakov@pickering.ca
City of Pickering
Rotary Frenchman’s Bay
West Park
Sculpture Proposal
Presented on behalf of the design team,by:
Sheila Boudreau, OALA, APALA, CSLA, RPP/OPPI, MCIP
Principal Landscape Architect + Planner
SpruceLab Inc.
Date: May 9, 2023
Attachment 3 to Report CS 20-23
Design Team
2
Sheila Boudreau Natalie Sisson Tiffany Adair Tullia Marcolongo
Amber Smith Karl Chevrier Jacques Baril
Quail
Linda Lees
Ta nya Belangér Luis Roch a
City of Pickering Rotary Frenchman’s Bay West Park –Sculpture Proposal / SpruceLab / May 9, 2023
Inspiration
City of Pickering Rotary Frenchman’s Bay West Park –Sculpture Proposal / SpruceLab / May 9, 2023 3
Design
City of Pickering Rotary Frenchman’s Bay West Park –Sculpture Proposal / SpruceLab / May 9, 2023 4
City of Pickering Rotary Frenchman’s Bay West Park –Sculpture Proposal / SpruceLab / May 9, 2023
Sculpture Design
5
Sculpture Design
TIMELINE
May -June ‘23:
order materials
July -August ‘23:
fabrication of sculpture
mid-September ‘23:
delivery to site
installation
lighting installed
late-September ‘23:
unveiling at park
opening
6City of Pickering Rotary Frenchman’s Bay West Park –Sculpture Proposal / SpruceLab / May 9, 2023