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HomeMy WebLinkAboutCS 30-23 Report to Executive Committee Report Number: CS 30-23 Date: November 6, 2023 From: Sarah Douglas-Murray Director, Community Services Subject: Public Art Policy Updates -CUL 130 Public Art Policy -File: A-1440-001 Recommendation: 1. That Council endorse the revisions in CUL 130 Public Art Policy, as set out in Attachment 1 to this report, subject to minor revisions acceptable to the Director, Community Services; 2. That Council endorse in principle the Public Art Plan 2023-2026, as set out in Attachment 3 to this report; and 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: CUL 130 Public Art Policy (Policy) was approved by Council through Resolution #167/19. The Policy has been reviewed by staff and updated to streamline processes for public art and align the Policy with recent practices, installations and acquisitions in public art at the City of Pickering. The Public Art Plan 2023-2026 documents the City’s existing Public Art collections and identifies priority public art projects that align with corporate priorities and planned capital projects. It was developed with input from the community, the Cultural Advisory Committee, and in collaboration with City of Pickering staff. Financial Implications: The Public Art Reserve Fund was established to provide funds for public art projects. Policy updates include a contribution of five per cent of the surplus budget toward the Public Art Reserve Fund annually, calculated from the surplus of the prior fiscal year. Discussion: Since the Public Art Policy was implemented in 2019, the City has acquired 10 new permanent artworks and over 130 temporary artworks. Permanent artworks include: • Pollinators sculptures 1 & 2 by Ron Baird, Esplanade Park (2020) CS 30-23 November 6, 2023 Subject: Public Art Policy Updates Page 2 • Spirit of Pickering sculptures Inspire, Gather, Work and Live, by Geordie Lishman, Esplanade Park (2020) • One Horse Power by Patrick Bermingham, Pickering Fire Station #1 (2023) • Reflections, by Studio F Minus, Esplanade Park (2023) • Water is Medicine, by Spruce Lab, Rotary Frenchman’s Bay West Park (2023) • On the Backs of Fish by Bluff Studios, Pickering Museum Village (2023) With input from the community, the Cultural Advisory Committee, and in collaboration with City of Pickering staff, the Public Art Plan (2023–2026) identifies priority public art projects that align with corporate priorities and planned capital projects. Results of community consultation demonstrated desire to see temporary art during events and community activations and permanent of longer-term artwork at Parks, playgrounds and along trails. Changes to the Public Art Policy reflect operating realities that include multi-year planning cycles for larger scale permanent artwork, and very short-term planning cycles for the rental or purchase of temporary artwork. Staff have made the following changes to the Public Art Policy: • In section 01.13, The Cultural Advisory Committee has been added to definitions. The definition is based on the Terms of Reference for the committee. • In sections 01.18, 01.25 and 01.26, the definitions of public art duration have been updated to include Permanent, Short-Term and Transitory/Temporary artworks. • In section 01.18, the duration of Permanent public art has been updated from longer than one year to longer than five years. The City has installed several printed public art murals and banners that have been displayed for more than a year; however, the materials used to create these artworks have a lifespan of three years. Updating the definition for more than five years provides a more accurate description for permanent artworks, and also helps guide parameters in the Call to Artists around which materials would be appropriate for artworks that are expected to be durable for more than five years. • Transitory / temporary Public Art, section 01.26 has been updated with a duration of one to five years. • Short-term public art has been added as a definition in section 01.25 and includes art that is displayed from 1 day to 12 months. Short term public art has been added to public art exclusions in section 04. In practice, short term artworks are used as feature pieces at City events, or as part of exhibitions or very short-term installations. Since the Public Art Policy was first approved in 2019, short term artworks have been funded by sponsorship or grant funding, with short turnaround times, making it difficult to implement short term artworks within the Policy. These short-term artworks are typically of lower value and can include rental of art. CS 30-23 November 6, 2023 Subject: Public Art Policy Updates Page 3 • In section 04 Public Art Exclusions has been moved from 08.05 to section 04. Short Term art has been added as a public art exclusion. • Removed section 04.02 which states the purpose of this Policy to be a framework for the public art program. The Public Art Plan 2023-2026 (Attachment 3) outlines opportunities for public art and the City of Pickering Cultural Strategic Plan outlines long term planning and funding frameworks. • Section 08.04 has been updated to reflect the range of staff teams from various departments that contribute to and s upport public art initiatives. “Develop agreements” has been removed as a letter of understanding has been developed by Legal Services and provides the framework for agreements between the City and Artists. • Section 07.01 which relates to the duties of the Public Art Committee, has been updated. The Public Art Committee has been removed from the Policy. In practice, since this Policy was enacted in 2019, approval for all public art has required endorsement from the public art committee and the Cultural Advisory Committee. Any artwork with a value exceeding $25,000.00 required selection from a Public Art Jury, the Public Art Committee, the Cultural Advisory Committee, and City Council. The extensive approvals process makes it difficult to approve public art in a timely manner. Multiple grant funded projects required extensions and updated contracts due to very long approval cycles. The Public Art Jury would serve in place of the Public Art Committee, removing a step in the approval process. • The Public Art Jury responsibilities have been expanded in the updated section 09.01 to replace the Public Art Committee. The Jury will evaluate and select all Permanent and Transitory / Temporary artworks. The Public Art Jury’s recommendation will be reviewed by the Cultural Advisory Committee. The composition of the Public Art Jury has been updated to provide greater range of expertise, resident members and project-specific stakeholders. Staff have been removed as voting members of the jury, providing better opportunity for community consultation on projects. The duties of the public art jury have been updated to reflect the tasks of the Jury that have been undertaken in practice by Jury since the 2019 Policy came into effect. • Section 09.02 is consistent with the 2019 Policy where the Cultural Advisory Committee reviews and endorses the recommendations made by the Public Art Jury and Public Art Committee. This section has been updated to reflect the elimination of the Public Art Committee. • Section 07.04 has been removed from the Policy. This aligns with the updated definition of short-term public art in section 01.25, where short term public art is an exception to this Policy. Exhibitions at the City of Pickering have been short-term initiatives, with a duration of less than 12 months. • Section 07.05 has been removed. The City of Pickering has not had an Artist in Residence program since the Public Art Policy came into effect in 2019, and Artist in Residence programs are not planned as part of the Public Art Action Plan; however, CS 30-23 November 6, 2023 Subject: Public Art Policy Updates Page 4 should the City decide to develop an artist in residence program, the conditions of the updated 2023 Public Art Policy would come into effect and would guide the purchase or rental of art that would be associated with that program. • Section 10.02 Donations has been updated in alignment with CUL 010 – Collections Management Policy (updated January 12, 2022), which outlines the acquisition and valuation of artifacts for the purpose of issuing a tax receipt. Requesting a cash donation from the donor for the purpose of upkeep of the artwork has been removed. • Section 10.04 has been added to provide guidance on short term public art that is recommended as exempt from this Policy. • Section 08.04 Community Art Projects has been removed from this Policy. The City does not have a Community Art program whereby applications are received from the community to complete art projects. • Section 12.01 Deleted “proponents of public art proposals are required to pre consult with Community Services staff, City Development staff and the Public Art Committee; and to present to the Council of the City of Pickering. All public art will follow the approvals process outlined in s ection 10 – Acquisition. • Section 10.02 Deleted the acquisition of public art for lands owned by other levels of government or public agencies. Lands that are owned by other levels of government or agencies, where the city has a management agreement and access to servicing those public spaces is outlined in Section 12.01. • Section 10.03 Deleted the acquisition of public art for private lands. This is outside the scope of this Policy. • Section 13 Collections Management has been updated to reflect the recommendation that short term art be exempt from this Policy. Rentals, exhibits and short-term art would not be registered in the Public Art Collection or inventoried. • Section 14.02 has been updated to clarify that only public art submissions with a value over $25,000.00 require a maintenance and conservation plan from the artist outlining the care of their artwork. This has been updated to manage the scope and scale of projects and reduce the cost to the artist in providing artworks to the City. In practice, artworks that are less than $25,000.00 are typically within the one to five y ear span and conservation work is not required. • Section 15.03 Deleted a condition of agreements and installation. Conditions are outlined in the Letter of Understanding. • Section 17.02 Deleted ‘the City will respect the artist’s right of authorship and the integrity of the public art’. This is vague and does not provide clear direction. CS 30-23 November 6, 2023 Subject: Public Art Policy Updates Page 5 • Updated Section 20 includes updates to remuneration. The City will follow the Canadian Artists Representation Fee Schedule. The Artist Contract Terms have been deleted as these conditions are outlined in the Letter of Understanding (Appendix 1). • Section 20 Pickering Public Art Interactive Map. This has been deleted as this is a communications and marketing tactic and not policy direction. • Section 23 Funding was updated to five per cent of annual surplus. An update to these sections will streamline processes for public art and align the Policy with recent practice. At this time, staff are requesting Council approval of this Policy update and endorsement in principle of the Public Art Plan (2023-2026). Attachments: 1. CUL 130 Public Art Policy – Clean Copy 2. CUL 130 Public Art Policy – Tracked Changes 3. Public Art Action Plan 2023–2026 Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Laura Gibbs Sarah Douglas-Murray Division Head, Culture and Community Director, Community Services Programming Original Signed By Krystal Roberts (Acting) Supervisor, Cultural Services SDM:lg CS 30-23 November 6, 2023 Subject: Public Art Policy Updates Page 6 Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Policy Procedure Title: Public Art Policy Policy Number CUL 130 Reference Report #CS 36-19 Resolution # 167/19 Date Originated (m/d/y) November 25, 2019 Date Revised (m/d/y) November 6, 2023 Pages 17 Approval: Chief Administrative Officer Point of Contact Supervisor, Cultural Services Policy Objective The City of Pickering is a vibrant community, rich in diversity, heritage, environment and the arts. As the City continues to grow and intensify, public art will play an integral role in creating an inviting and livable City. This Policy establishes the framework for a sustainable Public Art Program that will deliver public art throughout the City that will: • create attractiveness; • promote community identity; • reflect diversity and community landscape ; • celebrate heritage; • create a sense of place and attract interest; • provide amusement, reflection and intrigue to a community, and, • be selected through an objective and professional public art selection process that has a commitment to artistic merit. The Public Art Policy and supporting Public Art Program will enhance the public realm, demonstrate the City’s support for the arts and culture sector, and provide economic benefits. Index 01 Definitions 02 Guiding Documents & Policy Context 03 Policy Statement 04 Public Art Exclusions 05 Purpose and Objectives 06 Ethics Attachment 1 to Report CS 30-23 07 Administration 08 City Representation 09 Selection Process 10 Acquisition 11 Selection Considerations 12 Site Selection 13 Collections Management 14 Maintenance & Conservation 15 Insurance 16 Storage 17 Deaccession & Disposal 18 Copyright and Intellectual Property 19 Artist Remuneration 20 Funding 01 Definitions 01.01 Accession – the act of recording and processing artwork to the City’s Public Art Collection. 01.02 Acquisition – obtaining ownership of public art through purchase, commission, donation, gift or bequest. 01.03 Archiving – the act of long-term storage and preservation of public art in a location owned by the City of Pickering. Archiving of public art may include storage and preservation of the original art piece, or a photographic/digital record of the original art piece. 01.04 Artist – the designer/creator of an artistic work and can include, but is not limited to, a professional artist, graphic designer, collaborative team, architect, or landscape designer. 01.05 Borrowed – refers to an artistic work that is borrowed by the City, through a loan agreement, for a defined period of time from a lender who owns and retains ownership of the artistic work. 01.06 Call to Artists – a request that outlines the scope of the Public Art that the City wishes to acquire or borrow/rent. The Call to Artists will outline aspects such as project theme, context, timeline, compensation, and location. Policy Title: Public Art Policy Page 2 of 17 Policy Number: CUL 130 01.07 Commissioning – the act of requesting and paying an artist to design and create a specific piece of art. 01.08 Community Art – artistic work created collaboratively between an artist and an identified community. Community members actively participate in the creation of the artistic work. The artistic process is of equal importance to the artistic product. 01.09 Community-Based Public Art – created as a result of a collaborative process between community members; which may or may not include the use of a professional, practicing artist, engaged in a collective method of art making. 01.10 Conservation – the maintenance and preservation of works of art and t heir protection from future damage and deterioration. 01.11 Copyright – the exclusive legal right to produce or reproduce, publish, print, sell, or distribute the matter and form of something or any substantial part thereof, such as literary, musical, or artistic works (e.g., drawings, paintings, photographs and sculptures). 01.12 Creative Place-Making – a practice where an artist(s) or people are inspired collectively and collaboratively to reimagine, reinvent, and shape public spaces to maximize the shared value, as the heart of the community. 01.13 Cultural Advisory Committee - The Cultural Advisory Committee (CAC) will identify opportunities for stakeholder and community engagement and provide community input on matters relating to the provision of cultural services. The CAC will assist City staff with the development, consultation, and implementation of the Cultural Strategic Plan. 01.14 Deaccession – the act of permanently removing, relocating to another jurisdiction, or disposal of artwork from the City’s Public Art Collection. 01.15 Intellectual Property – the legal right to ideas, inventions and creations in the industrial, scientific, literary and artistic fields. 01.16 Moral Rights – the artist has the right to the integrity of the work and the right, where reasonable in the circumstances, to be associated with the work as its author by name or under a pseudonym and the right to remain anonymous. Moral rights are non-transferable and endure even after copyright has been assigned. 01.17 Municipally Owned Public Space – includes but is not limited to parks, road allowances, tunnels, boulevards, streets, courtyards, squares and bridges, as well as building exteriors, foyers, concourses, and significant interior public areas of municipal buildings. 01.18 Permanent Public Art – an original artwork which is situated at a particular site for longer than five years. 01.19 Public Art – art developed and designed by a professional artist that is displayed on municipally-owned public space. Public art may include, but is not limited to: • sculptures; • murals; • memorials or monuments; Policy Title: Public Art Policy Page 3 of 17 Policy Number: CUL 130 • fountains or water features that contribute aesthetically to their surroundings (not splash pads); • hard and soft landscaping components; which are not a mere extension of the landscape/architecture; • architectural components, specialized lighting; and • Community art projects related to neighbourhood beautification. 01.20 Public Art Jury – is a group of residents, and professionals selected who evaluate and recommends artist proposals in accordance with the Artist Evaluation Criteria and Acquisition Criteria. The Public Art Jury is responsible to narrow down and/or selections for acquisition. 01.21 Professional Artist – a person who is critically recognized as an artist, they possess skill, training and/or experience in an artistic discipline, is active in and committed to their art practice, and has a history of public presentation. May also be classified as emerging, mid-career, or established. 01.22 Public Space – space available for use by the public that includes, but it is not limited to, parks, boulevards, trail systems, open spaces, waterways, roads, bridges, gateways, streetscapes, civic squares, interior and exterior public areas associated with buildings, or structures owned, operated, occupied or used by or for the City. 01.23 Restoration – the repair or renovation of artworks that have sustained injury or decay to something approaching their original undamaged appearance. 01.24 Signage – any medium used to convey information by way of words, pictures, graphics, emblems or symbols, or any device used for the purpose of providing direction or information, identification, advertisement business promotion or the promotion of a product activity, service, or idea. 01.25 Short-Term Public Art – artwork that is temporary (1 day to 12 months) which could include a variety of mediums and can incorporate experimental public art projects. 01.26 Transitory/Temporary Public Art –artwork that is temporary (1 to 5 years), which could include a variety of mediums and can incorporate experimental public art projects. 02 Guiding Documents & Policy Context 02.01 The City of Pickering Cultural Strategic Plan (2014) sets a vision for arts, culture and heritage in the City; and, identifies strategic directions for policy and pr ograms. One of the Plan’s strategic directions is to cultivate opportunities for the creation, education and enjoyment of the arts, including: • developing and implementing a Public Art Policy, program, and funding streams; • using art to enhance public spaces, particularly within the City Centre; • assigning a one percent contribution to public art from the capital budgets of applicable new or renovated facility and park projects; and, • establishing a Public Art Reserve Fund. Policy Title: Public Art Policy Page 4 of 17 Policy Number: CUL 130 02.02 The City of Pickering Official Plan acknowledges that the quality of the built environment can be enhanced by promoting the integration of art in public places. Specifically, the Official Plan: • promotes art in publicly-accessible and visible locations such as parks, prominent street corners, plazas and on buildings; • encourages public art in a broad range of media, themes and formats in order to engage the observer, foster civic identity and promote social interaction; and, • considers integrating public art in the early stages of the design and planning of developments. 02.03 The City Centre Urban Design Guidelines encourage permanent and transitory/temporary artworks to promote a sense of identity for the City Centre. 02.04 The Seaton Sustainable Place-Making Guidelines recognize that public art should be highly visible and serve as accents to the community by encouraging p ublic art to be located at community core gateways. 03 Policy Statement 03.01 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 exempt from the City’s Purchasing Policy PUR 010 and must therefore be conducted in accordance with the processes outlined in this Policy. 04 Public Art Exclusions 04.01 Examples of Public Art excluded under the scope of this policy are: i. Directional elements such as graphics, signage or color coding, except where these elements are an integral part of the original work of art or public art project; ii. Art objects which are mass-produced of standard design such as playground equipment; iii. Landscape architecture and landscape gardening, except where these elements are in integral part of the original work of art, or are the result of collaboration among design professional including at least one artist; iv. Easily movable artworks such as paintings, drawings, models and books; Policy Title: Public Art Policy Page 5 of 17 Policy Number: CUL 130 v. Placemaking initiatives that may include interpretative signs, street light banners or graphics that may be created by an artist, where the design or, theme and overall aesthetics of the artwork is controlled by the City; and vi. Short-Term Public Art installations. 05 Purpose and Objectives 05.01 The purpose of the Public Art Policy is to: i. Establish, for the City, a standardized and transparent process for the selection, acquisition, maintenance and deaccession of Public Art; and, ii. Provide, for the City, a sustainable funding model for the management of Public Art. 05.02 The Public Art Policy applies to temporary and permanent installations, including community art. The City may authorize public art that is does not own, to be placed on municipally owned public space through an agreement between the City and the owner of the art. 05.03 The framework for a Public Art Program established in this Policy is intended to provide a standardized and transparent structure for these processes to include: • long-term planning; • establishing a funding framework; • creating an administrative structure; • identifying opportunities for public art; • initiating completions and a selection process; • implementing and/or assisting with pu blic art projects; and, • ongoing maintenance, management, deaccession and disposal of the public art collection. 06 Ethics 06.01 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; or, • is in direct competition with City of Pickering services, programs or initiatives. Policy Title: Public Art Policy Page 6 of 17 Policy Number: CUL 130 07 Administration 07.01 The Public Art Policy and Program will be administered by City of Pickering, Community Services staff in collaboration with City Development staff, the Public Art Jury, and the Council of the City of Pickering. 07.02 Any member involved in the administration of the Public Art Policy shall declare a conflict of interest, pecuniary or otherwise, and remove themselves in all cases from a juried selection process or any decision regarding the acquisition of public art in which they are involved either directly or indirectly. 08 City Representation 08.01 Council The Council of the City of Pickering to: • approve and uphold the Public Art Policy and any amendments; • approve annual Public Art funding and expenditures in the Capital and Current Budget; and, • act as an advocate for art in Public Spaces, and Private Developments in the City. 08.02 Chief Administrative Officer Chief Administrative Officer (CAO) to: • approve and uphold the Public Art policy, along with any amendments; • approve any changes to the Public Art policy, as needed; • act as an advocate for Public Art in Public Spaces, and private developments; and, • support Public Art budget through the budget process. 08.03 Director, Community Services Director Community Services to: • uphold the Public Art Policy, along with any amendments; • recommend any changes to the Public Art Policy, as needed; and, • recommend the Public Art budget annually via the Capital and/or Current Budget. 08.04 Community Services Staff The Community Services Department has the primary responsibility for administering the Public Art Policy, and will work in cooperation with all other City departments to ensure its appropriate implementation. The City Development, Capital Assets, Parks, Roads, Finance, Procurement and Engineering Services Departments have a supporting role in implementing the Public Art Policy and Program. Community Services Department staff to: Policy Title: Public Art Policy Page 7 of 17 Policy Number: CUL 130 • oversee and implement the management, development, monitoring and evaluation of the Public Art Policy and Program; • manage the Public Art collection including acquisitions, maintenance, conservation, research, interpretation and deaccessions; • develop standards and procedures to ensure consistent implementation of the Public Art Policy and Program, • facilitate Public Art Jury meetings, circulating information, providing guidance and arrange for the recording of minutes, as may be required; • develop “call to artists” and coordinate the selection process; • establish artist selection processes, manage artist contracts, and compensation; • liaise with selected artists to oversee installation; • establish, maintain and promote Public Art opportunities in the City; • identify, prepare, and incorporate amendments to the Public Art Policy that do not have a financial impact, with approval from the CAO; • advise Council, staff and residents on the Public Art Policy and related initiatives; • develop the Public Art budget through the City’s annual budget process; and, investigate Federal, Provincial, or other sources of funding to promote and support the development of Public Art in the City. 08.05 City Development Department City Development staff to: • work with Community Services Department staff to identify appropriate locations for public art; • ensure public art is considered in the planning of new communities, development of community design guidelines, and design of corporate and community facilities; and, • encourage and secure public art funding through the review and approval of development applications. 08.06 Engineering Services Department Engineering Services staff to: • work with Community Services and City Development staff to ensure the safe and proper installation of public art on City owned property; • incorporate public art into parks, landscaping, and streetscapes; and, • ensure site lines are maintained in locating and positioning of public art on City owned and private property. An inter-department Public Art planning team will be established for ongoing long-term Public Art planning, including site selection, restorations, conservation and maintenance. This planning team will include staff representatives from: • Community Services; • City Development; and, • Engineering Services. Policy Title: Public Art Policy Page 8 of 17 Policy Number: CUL 130 The Interdepartmental Public Art Planning team may also be comprised of the following, as appropriate: • City of Pickering Library staff; • City of Pickering Heritage Planner; and, • Representatives (e.g. department heads) from other City of Pickering departments that may be impacted by the location of a public art project. 09 Selection Process 09.01 Public Art Jury The Public Art Jury will be a formed on as-needed basis. The Public Art Jury will evaluate artist proposals and artwork donations in accordance with the Artist Evaluation Criteria in Section 9.04 and Acquisition Criteria in Section 10.0 of this Policy. The Public Art Jury is responsible to review artist submission and narrow down selections for acquisition and present the top-ranked proposals to the Cultural Advisory Committee, for final recommendation. While the ultimate objective of the Public Art Jury is to reach an unanimous decision, members may be divided in their evaluations and as such, a Public Art Jury will consist of uneven numbers to enable a majority vote. Appointees to a Public Art Jury may consist of: • A minimum of two resident members from the Cultural Advisory Committee. • A minimum of one professional artist or curator . • Stakeholders of the project. This may include program participants that are related to the project, architects, designers or consultants associated with a project, community group representation, or other relevant representatives. • A minimum of 5 and maximum of 9 people on the Jury. These members can be stakeholders in the projects, and are not required to be residents. City Staff will not be voting members of the Jury. In certain circumstances, members of a Public Art Jury with external expertise may be compensated for their time on the Public Art Jury. The Public Art Jury will: i. Evaluate and select artwork, in accordance with the Artist Evaluation Criteria in Section 9.04 and Acquisition Criteria in Section 10.0 of this Policy. ii. Advise on the development and implementation of selection, acquisition, maintenance, and deaccession of artistic works to which this Policy applies. iii. Advise and or review to the City, on proposed gifts, donations and bequests to the City in accordance with established guidelines. Policy Title: Public Art Policy Page 9 of 17 Policy Number: CUL 130 iv. Review and put forward a recommendation to acquire for endorsement of the Cultural Advisory Committee to acquire the proposal with the best marks, or put forward for community consultation. The Jury will be subject to City policies to ensure fair and equitable treatment of all participants in the process and to ensure their recommendations are without bias. Specifically, 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 initiatives. All decisions made by the Public Art Jury shall be endorsed by the Cultural Advisory Committee. 09.02 The Cultural Advisory Committee will review and endorse Public Art proposals and donations recommended by the Public Art Jury. The Cultural Advisory Committee is responsible to review artist submissions and recommends public art to Council, where appropriate. 09.03 For large commissions in public spaces, the Cultural Advisory Committee may choose to provide the top-ranked selections for community comment prior to finalizing the selection process. 09.04 Artist Evaluation Criteria When evaluating specific artwork proposals, the Public Art Jury will consider the vision, mandate and objectives of the Public Art Policy and the specific aims in the project brief. The Public Art Jury (as per section 09.01) 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. 10 Acquisition Policy Title: Public Art Policy Page 10 of 17 Policy Number: CUL 130 The City may acquire works of Public Art through purchase, commissioning, or donation. All works to be purchased, commissioned or donated will be subject to the terms and conditions of the Public Art Policy and incorporated into the Public Art Inventory. 10.01 Purchase or Commission of Public Art The process for purchasing and commissioning Public Art will be fair, transparent and will be in accordance with the City’s Purchasing Policy. Depending on the nature of the artwork, it may be secured through: • The issuance of an O pen Call where a “Call to Artists” developed and issued. A “Call to Artists” can be geared towards local, provincial, national and/or international artists, and/or art collectives and includes specific guidelines, criteria and eligibility based upon each Public Art Initiative identified by staff. An Expression of Interest (EOI) may be used to pre-qualify artists for general or specific public art projects. When an open call public art competition results in two equally weighted proposals, consideration will be given to the Ontario-based submission. • Request for Proposal (RFP) competition occurs when a select group of artists and/or collectives are invited to submit a proposal for consideration towards a specific Public Art initiative. The applicants must adhere to the guidelines and criteria established by the City of Pickering. • 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. In the instance of the purchase of an existing piece of art, the Purchase must be endorsed by the Cultural Advisory Committee. An appraiser or outside expert may be consulted to determine authenticity. For large Public Art commissions, Staff may choose to provide the three top-ranked Public Art Jury selections for Community comment prior to finalizing the selection process. 10.02 Donations On occasion, the City may be offered donated works of art in the form of a bequest or a gift. When public art is acquired through donation, in accordance with the criteria established in the Income Tax Act (Canada), the City of Pickering may issue a tax receipt to the donor. The donor is responsible for meeting Government of Canada criteria to receive an income tax credit for the artwork. Independent appraisal costs will be the responsibility of the donor. Donated art must follow the City’s Financial Control Policy FIN-030 and be subject to an evaluation process based on the criteria outlined below: • information about the artwork including photographs of the artwork; maintenance and conservation plan, including the condition of the work and any repairs needed; • site installation requirements of the artwork; • projected budget for installation and ongoing maintenance of the artwork; and Policy Title: Public Art Policy Page 11 of 17 Policy Number: CUL 130 • legal proof of the donor’s authority to donate the work. Tax receipts may be made available upon request by the donor. For objects less than $1,000.00, an independent appraisal is not required. An original bill of sale or receipt is acceptable to use to determine value if the item was purchased within the last 12 months. Qualified Staff may provide current fair market value for objects under an estimated value of $1,000.00. Items estimated to be worth more than $1,000.00 must be independently appraised at the donor’s cost. I. The appraisal must reflect the current fair market value of the object(s). II. The appraisal must be conducted by a member of the Certified Personal Property Appraisers Guild of Canada or equivalent. III. The donor may not be the appraiser. IV. Upon transfer of ownership by signed Deed of Gift, and issuance of a tax receipt, gifts will not be returned to the donor All donations of Public Art will be subject to a review process outlined in this policy. . All donations must be reviewed by the Public Art Jury and endorsed by the Cultural Advisory Committee. All donations should be unencumbered, free and clear of conditions and restriction imposed by the donors. Donations will be evaluated against the selection criteria in 09.04 and 10.0. The City is not required to accept donations of Public Art that are offered. The individuals or organizations proposing to donate artwork will be notified of the City’s decision to accept or decline the donation. Accepted donations of Public Art will be documented, a release form signed by both the City and the donor, and the artwork insured at time of acquisition. Any documents pertaining to ownership of the donation must be transferred to the City and filed by City staff accordingly. Once accepted, the donation may be stored, exhibited, loaned, deaccessioned or disposed of at the discretion of the City. Should a donation from an Individual or Business be received for the City’s Public Art program, the donation will be deposited in the Public Art Reserve Fund. 10.03 Transitory/Temporary Public Art The City may secure on a temporary basis, through acquisition, loan or lease, works of public art for display in public spaces. All artworks to be displayed in public spaces will be evaluated in accordance with the Artist Evaluation Criteria in Section 09.04 and Acquisition Criteria in Section 10.0 of this Policy. Temporary installations of artwork will be documented, and included in the City’s inventory of public art exhibitions; listing the dates of display, and a project/artist statement. 10.04 Short-Term Public Art Policy Title: Public Art Policy Page 12 of 17 Policy Number: CUL 130 The City may secure Short-Term Public Art installations for display in public spaces from 1 day to 12 months, through acquisition, loan or lease. These installations are exempt from Artist Evaluation Criteria in Section 09.04 and Acquisition Criteria in Section 10.0 of this Policy and may be secured by City Staff, with approval from the Director, Community Services. 11 Selection Considerations Artwork being considered for acquisition regardless of the acquisition method should 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 design • Intrigues viewers and stimulates imagination • Artist reputation, demonstrated and related experience • Condition of the artwork Location • Site suitability • Response to or complements the location’s uses and users Economic Value • Short and long term costs • Tourism potential 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 outline in the Public Art Policy and accompanying “Call to Artist” • Quality of the approach/work plan and methodology • Ability to meet budgetary estimates and timelines 12 Site Selection The selection of sites for public art shall be made by City staff using the following criteria: Policy Title: Public Art Policy Page 13 of 17 Policy Number: CUL 130 • visibility of artworks to the public; • distribution of projects across the City; • community benefit; • geographic justification; • quality, scale and character of the public art are suitable for the location and audience; • environmental conditions, site servicing and safety; and, • does not interfere with existing or proposed artwork, buildings or structures in vicinity. Public art may be installed in the following areas, as required and as pieces become available: • public areas in municipally owned, leased or managed spaces including community centres, municipal facilities, museum, library, parks, roads, sidewalks and public spaces. 12.01 On Lands Owned an d Managed by the City of Pickering Installation of Public Art is encouraged in public spaces owned by the City of Pickering; and in public areas of City of Pickering owned office buildings, community centres, and libraries. Proposals for Public Art installations by the private sector or other public agencies on infrastructure (e.g. roads, bridges, buildings, etc.) or land owned by the City of Pickering must adhere to the City of Pickering Public Art Policy and all other relevant City policies, by-laws, standards, and procedures. Easements may be provided to the City for purposes of installation and maintenance of City-owned Public Art. 13 Collections Management 13.01 The City has the authority to determine the length of time a work of public art will be displayed in Public Spaces. The City shall 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. 13.02 Accessioning/Registry/Inventory: The City shall document all works in the Public Art Collection and maintain a registry/inventory of the Public Art Collection; which shall be made available to the public. 14 Maintenance & Conservation 14.01 It is the responsibility of the City to maintain all permanent works of art within the Public Art Collection in accordance with the approved maintenance plan and/or conservation plan required for each piece. Policy Title: Public Art Policy Page 14 of 17 Policy Number: CUL 130 14.02 All public art submissions valued over $25,000 m ust include a maintenance and/or conservation plan f rom the artist outlining care of the artwork. The maintenance and conservation plan template is included in Appendix 2. 15 Insurance 15.01 All artistic works owned by the City through purchase, commission and/or donation are the property of the City of Pickering and are insured under the City’s Insurance Policy. 15.02 For all Borrowed Public Art, the Artist will submit proof, satisfactory to the City, of insurance coverage for the artistic work, and a waiver freeing the City from liability in case of accidental loss, theft, damage or vandalism. In addition, the Artist will submit a complete list of displayed artistic work(s); which will include the title(s), dimensions, medium/media and appraised value(s). 16 Storage 16.01 When storage of Public Art, whether short-term or long-term , is required, the City will ensure that such storage meets appropriate standards. Whenever possible, existing City and community resources will be used for the storage and management of the City’s Owned Public Art. 17 Agreements & Installation 17.01 The Artist will enter into a written agreement with the City of Pickering in the form of the Letter of Understanding (Appendix 1). This agreement will address the Artist’s obligations, which include, but are not limited to: • Materials • Timelines • Installation • Maintenance and conservation plans • Fabrication schedule 17.02 The Artist is responsible for the installation of the artwork. All contractual requirements with the Artist(s) will be overseen by the City and identified, in advance, through the agreement of purchase, commission or donation. The condition of all acquired artworks will be reported upon receipt, and any problems found will be referred to the artist for resolution. 18 Deaccession & Disposal 18.01 The City may deaccession and/or dispose of Public Art when necessary. All reasonable efforts will first be made to resolve problems or re-site the Public Art, in consultation with the Artist and/or donor, where appropriate. Public art may be deaccessioned and/or disposed of under any of the following situations: • endangerment of public safety; Policy Title: Public Art Policy Page 15 of 17 Policy Number: CUL 130 • excessive repair or maintenance; • irreparable damage; • inaccessibility; • site redevelopment; • art is no longer relevant ; • works that endanger public safety; • possibility of upgrading through exchange; • no appropriate location for exhibition of work; • copies, forgery or reproductions lacking authenticity or archival value; • the public art is no longer relevant to the City’s Public Art Collection, or • the public art is discovered to have been stolen, or was offered to the City for acquisition using fraudulent means. 18.02 The City of Pickering will be responsible for preparing a report providing the justification for recommending deaccessioning of the artwork, to be endorsed by the Cultural Advisory Committee and received as correspondence by Council, as appropriate. 18.03 In the event of accidental loss, theft or vandalism, the City retains the right to determine whether replacement or deaccessioning of the artwork is appropriate. 18.04 The deaccessioned art may be moved, sold, returned to the artist or destroyed, with any monies received through the sale of the artwork being placed i n the Public Art Reserve Fund. 19 Copyright and Intellectual Property 19.01 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. 19.02 Copyright of the artwork shall remain with the Artist unless the City has acquired the copyright in full from the Artist or has an agreement in writing for limited usage. 19.03 Except in very rare circumstances, the Artist(s) shall own all Intellectual Property in the work developed. Following best practice in North A merican 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. 19.04 In cases where the artist is not contracted directly to the City, but is a sub-contractor (e.g. for integrated artworks or artist on a design team) or for developer-provision of public art, the City shall stipulate that the contract must include terms related to intellectual property rights, ownership, and maintenance obligations, as appropriate. 20 Artist Remuneration 20.01 Artists shall be fairly compensated for their time and work. Compensation shall be determined on a case by case basis, adhere to the Canadian Artists Representation Policy Title: Public Art Policy Page 16 of 17 Policy Number: CUL 130 (CARFAC) and adhere to the Canadian Artist Representation, RAAV Minimum recommended Fee Schedule. 21 Community Engagement & Awareness 21.01 The City will be responsible for ensuring there is an opportunity for community input and involvement in public art and expanding the level of knowledge of the City’s Public Art Collection in the community. 21.02 City staff will be responsible for ensuring the community is aware of any public art installations or deaccessioning in public spaces. When appropriate, the community will be asked to comment on the selection of a commissioned work or official unveilings will be undertaken in order to allow residents to take part in celebrating new additions to the Public Art Collection. 22 Public Art Development by the Private Sector 22.01 The City actively encourages private sector applicants to include public art in development projects through the Site Plan application process. The provision of public art will be secured through a Site Plan Control Agreement that will be registered against the title of the lands. 23 Funding 23.01 Public Art may be funded through the following methods: i. Public Art Reserve Fund 24 Five percent of annual surplus i. Grants ii. Community Benefit Charge iii. Sponsorship iv. Donations Please refer to all associated Procedures and Standard Operating Procedures, if applicable, for detailed processes regarding this Policy. Appendix 1. Letter of Understanding 2. Maintenance and Conservation Template for Public Art Policy Title: Public Art Policy Page 17 of 17 Policy Number: CUL 130 Letter of Understanding Public Artwork Agreement This agreement made the Day/Month/Year BETWEEN: Artist Name (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 artwork creation and installation of the artwork for the <PROJECT TITLE> 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 <DATE> 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 <PROJECT TITLE> public art project is operated and administered by the City. The City issued a call to artists for Expressions of Interest dated <DATE>, with respect to the Esplanade Park Phase 2 project. Applications were due April 1, 2022. <SELECTION PROCESS DETAILS> The public art concepts were selected by a specially convened independent Public Art Jury, made up of visual arts professionals, community representatives, and City staff. The Artist submitted a proposal dated M, D, Y, (“the Proposal”), a copy of which is attached as Schedule “A” to this Agreement. The Artist has been selected by the City to create, manufacture and install or deliver to the site, as required for the different components, the Artwork titled ___________ in accordance with the Conceptual Design, the Terms of Reference and the terms and conditions of this Agreement. 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 “A” 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. Place of Installation -The “Place of Installation” is <LOCATION>, more specifically located as shown on the attached drawing Schedule “B” 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 <PRICE> C AD, inclusive of all applicable federal and provincial taxes including HST. Appendix 1 Letter of Understanding Public Artwork Agreement 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)H.S.T. 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: <PAYMENT SCHEUDLE> 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; b)that the materials, methods and processes used to produce the Artwork shall be of first class quality and expressive of the approved design as detailed in Schedule “A” attached hereto; 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 in accordance with Schedule “A”; 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 <DATE> “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 ; e)to provide to the City photographs of the Artwork during and after installation in accordance with Schedule “C”. The City agrees: Letter of Understanding Public Artwork Agreement a)to ensure that should the A rtist require direction in any regard to the design, fabrication or installation of the Artwork, the City shall provide such direction i n 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 requirements, installation methods, and future maintenance requirements, to be determined by the Artist in consultation with the Coordinator, Public Art; b)Substantive changes to the Artwork may be undertaken by the Artist only upon receipt of prior written authorization by the Manager, Cultural Services 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 “A” 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 Letter of Understanding Public Artwork Agreement 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; 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: 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. 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 Letter of Understanding Public Artwork Agreement 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. 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. 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 pr ovided 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 Esplanade Park. 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. Letter of Understanding Public Artwork Agreement 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. 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. 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. 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 Letter of Understanding Public Artwork Agreement 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 m ade and that the City will not be liable to the Board for future payments in connection with the Company’s completion of the project. 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 Letter of Understanding Public Artwork Agreement 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; 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 Letter of Understanding Public Artwork Agreement permitted to complete the Artwork in a manner generally consistent with the or iginal design of the Artist. 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. 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 XXX. To the Artist at: Address Email website 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 _____________ _______________ Sarah Douglas Murray, Director of Community Services – Date City of Pickering Letter of Understanding Public Artwork Agreement GENERAL Schedule A: The Artwork (Artist’s Concept proposal document attached) Schedule B: Place of Installation Schedule C: Detailed Fabrication Schedule Schedule D: Terms of Reference 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 – XXXX • Agreement signed by all parties • Proof of insurance and WSIB provided to the satisfaction of the City Phase 2 - To be completed by XXXX, to the satisfaction of the City This phase will include the following Client approvals: • Preliminary Drawings of all components and connections • Preliminary fabrication schedule and Pricing Phase 3 - To be completed by XXXX to the satisfaction of the City • Final design and pricing • Preliminary engineer review This phase will include the following Client approvals: • Design drawings, including all components and connections. Phase 4 - To be completed by XXXX to the satisfaction of the City • Completion of detail design. This phase will include: • Final sign-off of shop drawings for production • Shipping & installation plan completed, in cooperation with the XXXX and other relevant contractors, and to the satisfaction of the City. Phase 5 - To be completed by XXXX to the satisfaction of the City. Letter of Understanding Public Artwork Agreement • Complete off-site fabrication of Artwork and all its components, to the satisfaction of the City. All permits and approvals acquired. Phase 6 – To be completed by XXXX to the satisfaction of the City. • Complete on-site installation of the Artwork and all its components, to the satisfaction of the City. • Delivery of maintenance manual, including Photographic documentation, Artist statement, Biography • Final acceptance of Artwork to the satisfaction of the City. Public Art Maintenance and Conservation Plan Artworks over $25,000 must include a maintenance and/or conservation plan from the artist outlining care of the artwork Please use this document as template. Maintenance and Year, Dimensions Artist Title Value Location Conservation and Material Plan For all Borrowed Public Art, the Artist will submit proof, satisfactory to the City, of Insurance coverage for the artistic work, and a waiver freeing the City from liability in case of accidental loss, theft, damage, or vandalism. In addition, The Artist, will submit a complete list of displayed artistic work(s); which will include the title(s), dimensions, medium/media and appraised value(s). 1 Appendix 2 Policy Procedure Title: Public Art Policy Policy Number CUL 130 Reference Report #CS 36-19 Resolution # 167/19 Date Originated (m/d/y) November 25, 2019 Date Revised (m/d/y) September October 1025, 2023 Pages 2117 Approval: Chief Administrative Officer Point of Contact Supervisor, Cultural Services Policy Objective The City of Pickering is a vibrant community, rich in diversity, heritage, environment and the arts. As the City continues to grow and intensify, public art will play an integral role in creating an inviting and livable City. This Policy establishes the framework for a sustainable Public Art Program that will deliver public art throughout the City that will: create attractiveness; promote community identity; reflect diversity and community landscape ; celebrate heritage; create a sense of place and attract interest; provide amusement, reflection and intrigue to a community, and, be selected through an objective and professional public art selection process that has a commitment to artistic merit. The Public Art Policy and supporting Public Art Program will enhance the public realm, demonstrate the City’s support for the arts and culture sector, and provide economic benefits. Index 01 Definitions 02 Guiding Documents & Policy Context 03 Policy Statement 04 Public Art Exclusions 05 Purpose and Objectives 0406 Ethics Attachment 2 to Report CS 30-23 0507 Administration 0608 City Representation 0709 Selection Process 0810 Acquisition 0911 Selection Considerations 1012 Site Selection 1113 Collections Management 1214 Maintenance & Conservation 1315 Insurance 1416 Storage 15 Agreements & Installation 1617 Deaccession & Disposal 1718 Copyright and Intellectual Property 1819 Artist Remuneration 19 Community Engagement & Awareness 20 Pickering Public Art Interactive Map 21 Public Art Development by the Private Sector 2220 Funding 01 Definitions 01.01 Accession – the act of recording and processing artwork to the City’s Public Art Collection. 01.02 Acquisition – obtaining ownership of public art through purchase, commission, donation, gift or bequest. 01.03 Archiving – the act of long-term storage and preservation of public art in a location owned by the City of Pickering. Archiving of public art may include storage and preservation of the original art piece, or a photographic/digital record of the original art piece. 01.04 Artist – the designer/creator of an artistic work and can include, but is not limited to, a professional artist, graphic designer, collaborative team, architect, or landscape designer. Policy Title: Public Art Policy Page 2 of 25 Policy Number: CUL 130 01.05 Borrowed – refers to an artistic work that is borrowed by the City, through a loan agreement, for a defined period of time from a lender who owns and retains ownership of the artistic work. 01.06 Call to Artists – a request for proposal that outlines the scope of the Public Art that the City wishes to acquire or borrow/rent. The Call to Artists will outline aspects such as project theme, context, timeline, compensation, and location. 01.07 Commissioning – the act of requesting and paying an artist to design and create a specific piece of art. 01.08 Community Art – artistic work created collaboratively between an artist and an identified community. Community members actively participate in the creation of the artistic work. The artistic process is of equal importance to the artistic product. 01.09 Community-Based Public Art – created as a result of a collaborative process between community members; which may or may not include the use of a professional, practicing artist, engaged in a collective method of art making. 01.10 Conservation – the maintenance and preservation of works of art and their protection from future damage and deterioration. 01.11 Copyright – the exclusive legal right to produce or reproduce, publish, print, sell, or distribute the matter and form of something or any substantial part thereof, such as literary, musical, or artistic works (e.g., drawings, paintings, photographs and sculptures). 01.12 Creative Place-Making – a practice where an artist(s) or people are inspired collectively and collaboratively to reimagine, reinvent, and shape public spaces to maximize the shared value, as the heart of the community. 01.1201.13 Cultural Advisory Committee - The Cultural Advisory Committee (CAC) will identify opportunities for stakeholder and community engagement and provide community input on matters relating to the provision of cultural services. The CAC will assist City staff with the development, consultation, and implementation of the Cultural Strategic Plan. The CAC will also review and recommend actions based on the Public Art Policy 01.1301.14 Deaccession – the act of permanently removing, relocating to another jurisdiction, or disposal of artwork from the City’s Public Art Collection. 01.1401.15 Intellectual Property – the legal right to ideas, inventions and creations in the industrial, scientific, literary and artistic fields. 01.1501.16 Moral Rights – the artist has the right to the integrity of the work and the right, where reasonable in the circumstances, to be associated with the work as its author by name or under a pseudonym and the right to remain anonymous. Moral rights are non- transferable and endure even after copyright has been assigned. 01.1601.17 Municipally Owned Public Space – includes but is not limited to parks, road allowances, tunnels, boulevards, streets, courtyards, squares and bridges, as well as Policy Title: Public Art Policy Page 3 of 25 Policy Number: CUL 130 building exteriors, foyers, concourses, and significant interior public areas of municipal buildings. 01.1701.18 Permanent Public Art – an original artwork which is situated at a particular site for longer than one year.five years. 01.1801.19 Public Art – art developed and designed by a professional artist that is displayed on municipally-owned public space. Public art may include, but is not limited to: sculptures; murals; memorials or monuments; fountains or water features that contribute aesthetically to their surroundings (not splash pads); hard and soft landscaping components; which are not a mere extension of the landscape/architecture; architectural components, specialized lighting; and Community art projects related to neighbourhood beautification. 01.19 Public Art Committee – is responsible for working with Community Services staff to provide advice and expertise; build public awareness and support for public art; and, identify eligible Public Art Jury members, when required. 01.20 Public Art Jury – is a group of residents, and professionals and staff selected who evaluate and recommends artist proposals in accordance with the Artist Evaluation Criteria and Acquisition Criteria. The Public Art Jury is responsible to narrow down and/or selections for acquisition. 01.21 Professional Artist – a person who is critically recognized as an artist, they possess skill, training and/or experience in an artistic discipline, is active in and committed to their art practice, and has a history of public presentation. May also be classified as emerging, mid-career, or established. 01.22 Public Space – space available for use by the public that includes, but it is not limited to, parks, boulevards, trail systems, open spaces, waterways, roads, bridges, gateways, streetscapes, civic squares, interior and exterior public areas associated with buildings, or structures owned, operated, occupied or used by or for the City. 01.23 Restoration – the repair or renovation of artworks that have sustained injury or decay to something approaching their original undamaged appearance. 01.24 Signage – any medium used to convey information by way of words, pictures, graphics, emblems or symbols, or any device used for the purpose of providing direction or information, identification, advertisement business promotion or the promotion of a product activity, service, or idea. 01.2401.25 Short-Term Public Art – artwork that is temporary (1 day to 12 months) which could include a variety of mediums and can incorporate experimental public art projects. Policy Title: Public Art Policy Page 4 of 25 Policy Number: CUL 130 Formatted: Indent: Left: 0.5" Formatted: Font: Bold 01.2501.26 Transitory/Temporary Public Art – an original artwork that are is temporary (1 to 5 years), which could include a variety of mediums and can incorporate experimental public art projects. 02 Guiding Documents & Policy Context 02.01 The City of Pickering Cultural Strategic Plan (2014) sets a vision for arts, culture and heritage in the City; and, identifies strategic directions for policy and programs. One of the Plan’s strategic directions is to cultivate opportunities for the creation, education and enjoyment of the arts, including: developing and implementing a Public Art Policy, program, and funding formulastreams; using art to enhance public spaces, particularly within the City Centre; assigning a one percent contribution to public art from the capital budgets of applicable new or renovated facility and park projects; and, establishing a Public Art Reserve Fund. 02.02 The City of Pickering Official Plan acknowledges that the quality of the built environment can be enhanced by promoting the integration of art in public places. Specifically, the Official Plan: Formatted: Indent: Left: 0.5", Hanging: 0.25", Tab stops: Not at 0.5" Formatted: Indent: Left: 0.5", Tab stops: Not at 0.5" Formatted: Indent: Left: 0.5", Hanging: 0.25", Tab stops: Not at 0.5" Formatted: Indent: Left: 0.5"promotes art in publicly-accessible and visible locations such as parks, prominent street corners, plazas and on buildings; encourages public art in a broad range of media, themes and formats in order to engage the observer, foster civic identity and promote social interaction; and, considers integrating public art in the early stages of the design and planning of developments. 02.03 The City Centre Urban Design Guidelines encourage permanent and transitory/temporary artworks to promote a sense of identity for the City Centre. 02.04 The Seaton Sustainable Place-Making Guidelines recognize that public art should be highly visible and serve as accents to the community by encouraging public art to be located at community core gateways. 03 Policy Statement 03.01 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 exempt from the City’s Purchasing Policy PUR 010 and must therefore be conducted in accordance with the processes outlined in this Policy. Policy Title: Public Art Policy Page 5 of 25 Policy Number: CUL 130 04 Public Art Exclusions 04.01 Examples of Public Art excluded under the scope of this policy are: i.Directional elements such as graphics, signage or color coding, except where these elements are an integral part of the original work of art or public art project; ii.Art objects which are mass-produced of standard design such as playground equipment; iii.Landscape architecture and landscape gardening, except where these elements are in integral part of the original work of art, or are the result of collaboration among design professional including at least one artist; iv.Easily movable artworks such as paintings, drawings, models and books; v.Placemaking initiatives that may include interpretative signs, street light banners or graphics that may be created by an artist, where the design or, theme and overall aesthetics of the artwork is controlled by the City; and 03.01vi. Short-Term Public Art installations. 0405 Purpose and Objectives 04.0105.01 The purpose of the Public Art Policy is to: Formatted: List, Indent: Left: 0", First line: 0" Formatted: Indent: Left: 0.2", Hanging: 0.25" Formatted i.Establish, for the City, a standardized and transparent process for the selection, acquisition, maintenance and deaccession of Public Art; and, ii.Provide, for the City, a sustainable funding model for the management of Public Art. 05.02 The Public Art Policy applies to temporary and permanent installations, including community art. The City may authorize public art that is does not own, to be placed on municipally owned public space through an agreement between the City and the owner of the art. 04.02 The framework for a Public Art Program established in this Policy is intended to provide a standardized and transparent structure for these processes to include: long-term planning; establishing a funding framework; creating an administrative structure; identifying opportunities for public art; initiating completions and a selection process; implementing and/or assisting with public art projects; and, ongoing maintenance, management, deaccession and disposal of the public art collection. Formatted: Space After: 12 pt Formatted: Space After: 0 pt Formatted: Space After: 0 pt 04.03 The Public Art Policy applies to temporary and permanent installations, including community art. The City may authorize public art that it does not own, to be placed on Formatted: Highlight Policy Title: Public Art Policy Page 6 of 25 Policy Number: CUL 130 municipally owned public space through an agreement between the City and the owner of public art. 06 Ethics 06.01 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; or, is in direct competition with City of Pickering services, programs or initiatives. 0507 Administration 05.0107.01 The Public Art Policy and Program will be administered by City of Pickering, Community Services staff in collaboration with City Development staff, the Public Art Committee, the Public Art Jury, and the Council of the City of Pickering. 05.0207.02 Any member involved in the administration of the Public Art Policy and Program shall declare a conflict of interest, pecuniary or otherwise, and remove themselves in all cases from a juried selection process or any decision regarding the acquisition of public art in which they are involved either directly or indirectly. 0608 City Representation 06.0108.01 Council The Council of the City of Pickering is responsible to: approve and uphold the Public Art Policy and any amendments; approve annual Public Art funding and expenditures in the Capital and Current Budget; and, act as an advocate for art in Public Spaces, and Private Developments in the City. 06.0208.02 Chief Administrative Officer Chief Administrative Officer (CAO) to: approve and uphold the Public Art policy, along with any amendments; approve any changes to the Public Art policy, as needed; act as an advocate for Public Art in Public Spaces, and private developments; and, support Public Art budget through the budget process. Commented [LG1]: I don’t think we can justify removing this – added it back in. Formatted: Highlight Formatted: Indent: Left: 0.25", Space After: 0 pt, No bullets or numbering Formatted: List, Indent: Left: 0", First line: 0" Formatted: List 2, Indent: Hanging: 0.56" Formatted: Indent: Left: 0.44", Hanging: 0.31", Tab stops: Not at 0.25" Formatted: Keep with next Formatted: Indent: Left: 0.44", Hanging: 0.31" Formatted: Indent: Left: 0.44", Hanging: 0.31" Policy Title: Public Art Policy Page 7 of 25 Policy Number: CUL 130 06.0308.03 Director, Community Services Director Community Services to: uphold the Public Art Policy, along with any amendments; recommend any changes to the Public Art Policy, as needed; and, recommend the Public Art budget annually via the Community Services Department Capital and/or Current Budget. 06.0408.04 Community Services Staff The Community Services Department has the primary responsibility for administering the Public Art Policy and Program, and will work in cooperation with all other City departments to ensure its appropriate implementation. The City Development, Capital Assets, Parks, Roads, Finance, Procurement and Engineering Services Departments have a supporting role in implementing the Public Art Policy and Program. Community Services Department staff are responsible to: oversee and implement the management, development, monitoring and evaluation of the Public Art Policy and Program; manage the Public Art collection including acquisitions, maintenance, conservation, research, interpretation and deaccessions; develop standards and procedures to ensure consistent implementation of the Public Art Policy and Program, identify, approve appointments and establish the Public Art Committee; work with the Public Art Committee to identify Public Art priorities, locations and initiatives (i.e. Public Art Work Plan); facilitate regular Public Art Committee meetings, circulating information, providing guidance and arrange for the recording of minutes; facilitate Public Art Jury meetings, circulating information, providing guidance and arrange for the recording of minutes, as may be required; develop “call to artists” and coordinate the selection process; establish artist selection processes, manage artist contracts, and compensation; liaise with selected artists to oversee installation and develop agreements; develop promotional and marketing initiatives to community Public Art activities; establish, maintain and promote the Public Art public inventoryopportunities in the City; identify, prepare, and incorporate amendments to the Public Art Policy and Program that do not have a financial impact, with approval from the CAO; advise Council, staff and residents on the Public Art Policy and related initiatives; develop the Public Art budget through the City’s annual budget process; and, investigate Federal, Provincial, or other sources of funding to promote and support the development of Public Art in the City. Policy Title: Public Art Policy Page 8 of 25 Policy Number: CUL 130 Formatted: Indent: Left: 0.44", Hanging: 0.31" Formatted: Indent: Left: 0.44", Hanging: 0.31" Community Services; City Development; and, Engineering Services. 06.08 The Interdepartmental Public Art Planning team may also be comprised of the following, as appropriate: City of Pickering Library staff; City of Pickering Heritage Planner; and, Representatives (e.g. department heads) from other City of Pickering departments that may be impacted by the location of a public art project. 0709 Selection Process 07.0109.01 Public Art CommitteeJury The Public Art Committee Jury will be a standing sub-committeejury for a term of 2 years Formatted: Normal, Indent: Left: 0" Formatted: Indent: Left: 0.44", Hanging: 0.31" 06.0508.05 City Development Department City Development staff to: work with Community Services Department staff to identify appropriate locations for public art; ensure public art is considered in the planning of new communities, development of community design guidelines, and design of corporate and community facilities; and, encourage and secure public art funding through the review and approval of development applications. 06.0608.06 Engineering Services Department Engineering Services staff to: Formatted: Indent: Left: 0.44", Hanging: 0.31"work with Community Services and City Development staff to ensure the safe and proper installation of public art on City owned property; incorporate public art into parks, landscaping, and streetscapes; and, ensure site lines are maintained in locating and positioning of public art on City owned and private property. 06.07 An inter-department Public Art planning team will be established to work in conjunction with the Public Art Committee for selection of artistic works and for ongoing long-term Public Art planning, including site selection, restorations, conservation and maintenance. This planning team will include staff representatives from: Formatted: Indent: Left: 0.44", Hanging: 0.31" Formatted: Indent: Left: 0.44", Hanging: 0.31" formed on as-needed basis (coincidinge with of the City’s Cultural Advisory Committee). Formatted: Indent: Hanging: 0.63", Keep with next Formatted: Not Highlight The Public Art Jury will evaluate artist proposals and artwork donations in accordance with the Artist Evaluation Criteria in Section 9.04 and Acquisition Criteria in Section 10.0 of this Policy Title: Public Art Policy Page 9 of 25 Policy Number: CUL 130 Formatted: Space After: 12 pt Formatted: Highlight Formatted: Highlight Policy. The Public Art Jury is responsible to review artist submission and narrow down selections for acquisition and present the top-ranked proposals to the Cultural Advisory Committee, for final recommendation. The Public Art Committee shall be comprised of seven members from the community selected by the Cultural Advisory Committee. Three members will be from the Cultural Advisory Committee itself. The other four members will not be members of the Cultural Advisory Committee, but will have professional experience related to at least one of the following disciplines; urban planning or development, landscape architecture, architecture, visual, literary or performing arts, art history, art administration or education, curation, visual arts consulting, civil engineering, art review/writing, or heritage research and planning. All members of the Public Art Committee shall be residents of Pickering and will demonstrate a significant knowledge of arts and culture. While the ultimate objective of the Public Art Jury is to reach an unanimous decision, members may be divided in their evaluations and as such, a Public Art Jury will consist of uneven numbers to enable a majority vote. Appointees to a Public Art Jury may consist of: A minimum of two residents A minimum of two resident members from the Cultural Advisory Committee. A minimum of one professional artist or curator Stakeholders of the project. This may include program participants that are related to the project, architects, designers or consultants associated with a project, community group representation, or other relevant representatives. A minimum of 5 and maximum of 9 people on the Jury. These members can be stakeholders in the projects, and are not required to be residents. City Staff will not be voting members of the Jury. In certain circumstances, members of a Public Art Jury with external expertise may be compensated for their time on the Public Art Jury. Commented [LG2]: It says above would be fixed for two years. Formatted: Indent: Left: 0.44" Formatted: Indent: Left: -0.38" Formatted: Indent: Left: 0.19" Formatted: Highlight Formatted: Highlight The Public Art Committee Jury will: i.Advise on the implementation of the Public Art Policy through the Cultural Advisory Committee. ii.Review proposed project scope and terms of reference for each new Public Art project. iii.i. Evaluate and select artwork, under $25,000 in value, in accordance with the Artist Evaluation Criteria in Section 7.9.043 and Acquisition Criteria in Section 6.010.0 of this Policy. iv.Ensure application of established procedures and guidelines for each selection process. v.Advise and promote communication and outreach of this Policy to the community. Policy Title: Public Art Policy Page 10 of 25 Policy Number: CUL 130 vi.ii. Advise on the development and implementation of selection, acquisition, maintenance, and deaccession of artistic works to which this Policy applies. vii.iii. Advise and or review and recommend to the City, through the Cultural Advisory Committee, on proposed gifts, donations and bequests to the City in accordance with established guidelines. viii.iv. Review the results of the Public Art Jury, and put forward a recommendation to acquire for endorsement of the Cultural Advisory Committee to acquire the proposal with the best marks, or put forward for community consultation. The Committee Jury will be subject to City policies to ensure fair and equitable treatment of all participants in the process and to ensure their recommendations are without bias. Specifically, 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 initiatives. All decisions made by the Public Art Jury Committee shall be endorsed by the Cultural Advisory Committee. 07.02 Public Art Jury A Public Art Jury must be established for each acquisition of $25,000 and over in value, and may also be established for works of a lesser amount at the discretion of the Public Art Committee. The Public Art Jury will be organized on a case by case, and project by project basis. The Public Art Jury will evaluate artist proposals in accordance with the Artist Evaluation Criteria in Section 07.03 and Acquisition Criteria in Section 06.04 of this Policy. The Public Art Jury is responsible to narrow down selections for acquisition and present the three top- ranked proposals to the Public Art Committee, for final recommendation to the Cultural Advisory Committee. Dependant on the impact the public art will have on the community, the three top-ranked proposals may be presented for community consultation. While the ultimate objective of the Public Art Jury is to reach an unanimous decision, members may be divided in their evaluations and as such, a Public Art Jury will consist of uneven numbers to enable a majority vote. 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. Policy Title: Public Art Policy Page 11 of 25 Policy Number: CUL 130 Formatted: Indent: Left: 0.44", Hanging: 0.25" 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. In certain circumstances, members of a Public Art Jury with external expertise (e.g. professional architect or professional artist) may be compensated for their time on the Public Art Jury. 09.02 The Cultural Advisory Committee will review and endorse Public Art proposals and donations recommended by the Public Art Jury. The Cultural Advisory Committee is responsible to review artist submissions and recommends public art to Council, where appropriate. 09.03 For large commissions in public spaces, the Cultural Advisory Committee may choose to provide the top-ranked selections for community comment prior to finalizing the selection process. 07.0309.04 Artist Evaluation Criteria When evaluating specific artwork proposals, the Public Art Jury will consider the vision, mandate and objectives of the Public Art Art Jury (as per Program Policy and the specific aims in the project brief. The Public section 07.0209.01) 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. 07.04 Exhibitions The City of Pickering will host exhibitions of art in community facilities by: professional artists whose work is relevant to the community; Pickering artists, or artists whose work is Pickering based; artists that are members of a Pickering-based arts organization; and, City staff or their immediate family members. The City of Pickering will create and facilitate opportunities for local businesses to display public art and/or undertake temporary art exhibitions. The content of art exhibitions is at the discretion of Community Services staff and must be suitable for viewing by all ages. 07.05 Artist in Residence Formatted: Indent: Left: 0.2", Hanging: 0.25", No bullets or numbering Formatted: Indent: Left: 0.19" Formatted: Highlight Formatted: Indent: Left: 0.44", Hanging: 0.25" Policy Title: Public Art Policy Page 12 of 25 Policy Number: CUL 130 The City of Pickering will provide opportunities for an Artist in Residence program, provided that: funding exists through a grant or approved budget; the residency is of mutual benefit to the City and the Artist(s); a portion of the works created will remain in the City Collection; and, artists are properly compensated for their work, space and accommodation. An Artist in Residence will work in partnership with the City and interested external organizations, and agencies. 0810 Acquisition The City may acquire works of Public Art art through purchase, commissioning, or donation, or creation of community arts projects. All works to be purchased, commissioned or donated will be subject to the terms and conditions of the Public Art Policy and incorporated into the Public Art Inventory. 08.0110.01 Purchase or Commission of Public Art The process for purchasing and commissioning Public Art art will be fair, and transparent and will be in accordance with the City’s Purchasing Policy. Depending on the nature of the artwork, it may be secured through: The issuance of an Open Call . This type of competition is the preferred method which seeswhere a “Call to Artists” developed and issued. A “Call to Artists” can be geared towards local, provincial, national and/or international artists, and/or art collectives and includes specific guidelines, criteria and eligibility based upon each Public Art Initiative identified by Cultural Services staff. An Expression of Interest (EOI) may be used to pre-qualify artists for general or specific public art projects. When an open call public art competition results in two equally weighted proposals, consideration will be given to the local/CanadianOntario-based submission. Request for Proposal (RFP) competition occurs when a select group of artists and/or collectives are invited to submit a proposal for consideration towards a specific Public Art initiative. The applicants must adhere to the guidelines and criteria established by the City of Pickering. 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. In the instance of the purchase of an existing piece of art, the Purchase must be endorsed by the Cultural Advisory Committee.an An appraiser or outside expert may be called consulted in to determine authenticity. For large Public Art commissions in public spaces, the Public Art CommitteeStaff may choose to provide the three top-ranked Public Art Jury selections for Community comment prior to finalizing the selection process. Policy Title: Public Art Policy Page 13 of 25 Policy Number: CUL 130 Formatted: Indent: Left: 0.38" Formatted: Indent: Left: 0.38", Hanging: 0.31" 08.0210.02 Donations On occasion, the City may be offered donated works of art in the form of a bequest or a gift. When public art is acquired through donation, in accordance with the criteria established in the Income Tax Act (Canada), the City of Pickering may issue a tax receipt to the donor. The donor is responsible for meeting Government of Canada criteria to receive an income tax credit for the artwork. Independent appraisal costs will be the responsibility of the donor. Donated art must follow the City’s Financial Control Policy FIN-030 and be subject to an evaluation process based on the City’s donation criteria outlined below: information about the artwork including photographs of the artwork; (if existing) or illustrations (if proposed); maintenance and conservation plan, including the condition of the work and any repairs needed; site installation requirements of the artwork; projected budget for installation and ongoing maintenance of the artwork; and legal proof of the donor’s authority to donate the work; . and, where appropriate an appraiser or outside expert maybe called in to determine authenticity or value. Formatted: Indent: Left: 0.38", Hanging: 0.38", Bulleted + Level: 1 + Aligned at: 2.25" + Indent at: 2.5" Formatted: Indent: Left: 0.38" Formatted: Indent: Left: 0.38", Space After: 12 pt Formatted: Indent: Left: 0.25", Tab stops: 0.25", Left Formatted: Indent: Left: -0.13", Hanging: 0.38", Bulleted +Level: 1 + Aligned at: 2.25" + Indent at: 2.5", Tab stops: Tax receipts may be made available upon request by the donor. 0.25", Left For objects less than $1,000.00, an independent appraisal is not required. An original bill of sale or receipt is acceptable to use to determine value if the item was purchased within Formatted: Indent: Left: 0.25", Tab stops: 0.25", Left Formatted: Indent: Left: 0.25", Space After: 12 pt, Tab stops: 0.25", Left the last 12 months. Qualified Staff may provide current fair market value for objects under an estimated value of $1,000.00. Items estimated to be worth more than $1,000.00 must be independently appraised at the donor’s cost. I.The appraisal must reflect the current fair market value of the object(s). II.The appraisal must be conducted by a member of the Certified Personal Property Appraisers Guild of Canada or equivalent. III.The donor may not be the appraiser. IV.Upon transfer of ownership by signed Deed of Gift, and issuance of a tax receipt, gifts will not be returned to the donor Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: I, II, III, … + Start at: 1 + Alignment: Right +Aligned at: 0.5" + Indent at: 0.75" Formatted: Indent: Left: 0.75" All donations of existing artworksPublic Art will be subject to a review process outlined in this policy. by Community Services staff in collaboration with the Public Art Committee. All donations must be reviewed by the Public Art Jury and endorsed by the Cultural Advisory Committee. All donations should be unencumbered, free and clear of conditions and restriction imposed by the donors. Donations will be evaluated against the selection The City is not required to accept donations of criteria in 07.0109.04 and 07.0310.0. Public Art that are offered. Donated art will also include a funding donation for the transfer, installation, maintenance, conservation, restoration of the work being donated, the amount of which will be Policy Title: Public Art Policy Page 14 of 25 Policy Number: CUL 130 Formatted: Highlight negotiated as part of the acceptance agreement. Additionally, City staff are responsible for conducting a feasibility analysis, which outlines aspects such as the benefits of the acquisition, and short and long term costs. The individuals or organizations proposing to donate artwork will be notified of the City’s decision to accept or decline the donation. If accepted, the individual and/or organization shall acknowledge that donated art cannot be returned. Accepted donations of pPublic art Art will be documented, a release form signed by both the City and the donor, and the artwork insured at time of acquisition. Any documents pertaining to ownership of the donation must be transferred to the City and filed by City staff accordingly. Once accepted, the donation may be stored, exhibited, loaned, deaccessioned or disposed of at the discretion of the City. Should a Ddonation of funding from the publican Individual or Business or private sector be received for the City’s Public Art program, the donation will be deposited in the added to the Public Art Reserve Fund. 08.0310.03 Transitory/Temporary Public Art The City may secure on a temporary basis, through acquisition, loan or lease, works of public art for display in public spaces. All artworks to be displayed in public spaces will be evaluated in accordance with the Artist Evaluation Criteria in Section 07.0309.04 and Acquisition Criteria in Section 08 10.0 of this Policy. 10.04 Short-Term Public Art Temporary installations of artwork will be documented, and included in the City’s inventory of public art exhibitions; listing the dates of display, and a project/artist statement. The City may secure Short-Term Public Art installations for display in public spaces from 1 day to 12 months, through acquisition, loan or lease. These installations are exempt from Artist Evaluation Criteria in Section 09.04 and Acquisition Criteria in Section 10.0 of this Policy and may be secured by City Staff, with approval from the Director, Community Services. Formatted: Indent: Hanging: 0.25" Formatted: Indent: Left: 2.63", Hanging: 0.25" 08.04 Community Art Projects The Cultural Services Section will receive applications for community art projects; which may include requests for funding of up to $10,000 for any individual project. The Cultural Services Section will determine whether a community art project should proceed and/or be funded. The goal of these community art projects is to create artwork that is accessible to a large public, not simply because it has been placed in a public space or because of its content, but through the engagement of community members in defining and shaping their environment. Community Art projects must include use of amateur and/or professional practicing artists, and gain the support of the Public Art Committee, and Cultural Advisory Committee. Community murals and tree carvings are examples of community art projects. Policy Title: Public Art Policy Page 15 of 25 Policy Number: CUL 130 Formatted: Highlight Formatted: Highlight Formatted: Indent: Left: -0.38", Hanging: 0.63", Space After: 0 pt, Outline numbered + Level: 2 + Numbering Style: 01, 02, 03, … + Start at: 1 + Alignment: Left + Aligned at: 2.63" + Indent at: 2.88" 08.05 Public Art Exclusions Examples of Public Art excluded under the scope of this policy are: i.directional elements such as super graphics, signage or colour coding, except where these elements are an integral part of the original work of art or public art project; ii.art objects which are mass-produced of standard design such as playground equipment or statuary objects; iii.landscape architecture and landscape gardening, except where these elements are in integral part of the original work of art, or are the result of collaboration among design professional including at least one artist; and, iv.easily moveable artworks such as paintings, drawings, models and books. 0911 Selection Considerations Artwork being considered for acquisition regardless of the acquisition method should 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 design Intrigues viewers and stimulates imagination Artist reputation, demonstrated and related experience Condition of the artwork Location Site suitability Response to or complements the location’s uses and users Economic Value Short and long term costs Tourism potential 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 Policy Title: Public Art Policy Page 16 of 25 Policy Number: CUL 130 Formatted: Indent: Left: 0.38" Compliance with guidelines outline in the Public Art Policy and accompanying “Call to Artist” Quality of the approach/work plan and methodology Ability to meet budgetary estimates and timelines. 1012 Site Selection The selection of sites for public art shall be made by City staff staff with staff considering comments and or suggestions from the Public Art Committee and the Cultural Advisory Committee, using the following criteria: potential visibility of artworks to the public of public art; distribution of projects across the City; implementation potential; public community benefit; geographic justification; quality, scale and character of the public art are suitable for the location and audience; environmental conditions, site servicing and safety; and, does not interfere with existing or proposed artwork, buildings or structures in vicinity. Public art may be installed in the following areas, as required and as pieces become available: public areas in municipally owned, leased or managed spaces including community centres, municipal facilities, museum, library, parks, roads, sidewalks and public spaces. Public art may be installed in the following areas, as required and as pieces become available: public areas in municipally owned facilities, community centres and libraries (interior and exterior spaces); and, Parks and Public Spaces. For the installation of public art, the City, in consultation with the Public Art Committee, may also identify key priority areas such as the waterfront, City Centre and transit corridors; and/or key themes such as culture, heritage, agriculture and environment. 10.0112.01 On Lands Owned and Managed by the City of Pickering Installation of public Public art Art is encouraged in public spaces and parks owned by the City of Pickering; and in public areas of City of Pickering owned office buildings, community centres, and libraries. Proposals for public artPublic Art installations by the private sector or other public agencies on infrastructure (e.g. roads, bridges, buildings, etc.) or land owned by the City of Pickering that were not commissioned through the Public Art Program must adhere to Formatted: Indent: Left: 0.38", Hanging: 0.44" Formatted: Indent: Hanging: 0.38" Formatted: Indent: Hanging: 0.38", Tab stops: 0.69", Left Formatted: Indent: Hanging: 0.38" Formatted: Indent: Hanging: 0.38", Bulleted + Level: 1 + Aligned at: 0.5" + Indent at: 0.75" Policy Title: Public Art Policy Page 17 of 25 Policy Number: CUL 130 the City of Pickering Public Art Policy and all other relevant City policies, by-laws, standards, and procedures. Easements may be provided to the City for purposes of installation and maintenance of City-owned Public Art. Proponents of public art proposals are required to pre-consult with Community Services staff, City Development staff and Public Art Committee; and, to present to the Council of the City of Pickering. Proponents will also be subject to entering into a license agreement with the City of Pickering regarding matters such as maintenance and the continued use of public property. 10.02 On Lands Owned by Other Levels of Government and Public Agencies 10.02.1 Consultation with the City of Pickering Public agencies that propose public art as part of a redevelopment or new development, are required to pre-consult with Community Services staff, City Development staff, and the Public Art Committee; and to present to the Council of the City of Pickering. 10.02.2 On Lands Owned by the Region of Durham Installations of public art initiated or approved by the City of Pickering on infrastructure (e.g. roads, bridges, buildings, etc.) owned by the Region of Durham will be subject to entering into an agreement with the Region of Durham. 10.03 On Private Lands The City actively encourages the private sector to include public art in development projects to elevate and improve the public realm. Proponents of public art proposals are required to pre-consult with Community Services staff, City Development staff, and the Public Art Committee; and, to present to the Council of the City of Pickering. Direction on options for private sector contributions to public art are provided in Section 21 of this Policy. 1113 Collections Management 11.0113.01 The City has the authority to determine the length of time a work of public art will be displayed in Public Spaces. The City shall 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. 11.0213.02 Accessioning/Registry/Inventory: The City shall document all works in the Public Art Collection and maintain a registry/inventory of the Public Art Collection; which shall be made available to the public. Policy Title: Public Art Policy Page 18 of 25 Policy Number: CUL 130 Formatted: Indent: Left: 0.25", No bullets or numbering  Temporary public art shall not be registered into the Public Art Collection and shall not be part of the maintenance and conservation program.  Temporary works will be added into the Inventory of Public Art Exhibitions. Temporary exhibitions will be photographed and documented (artist/project statement). 1214 Maintenance & Conservation 12.0114.01 It is the responsibility of the City to maintain all permanent works of art within the Public Art Collection in accordance with the approved maintenance plan and/or conservation plan required for each piece. 12.0214.02 All public art submissions valued over $25,000 must include a detailed manual from the artist outlining the maintenance and/or conservation plan from the artist outlining care of the artwork. The maintenance and conservation plan template is included in Appendix 32. The plans will include, but are not be limited to: a maintenance dossier; shop drawings; manufacturers’ lists; key contacts, including the artist; maintenance and/or conservation specifications; and, budgets. 12.03 City staff will monitor the existing inventory for maintenance requirements. The City may choose to retain a qualified professional to undertake the inspection, if deemed necessary. 1315 Insurance 13.01 All artistic works owned by the City through purchase, commission and/or donation are the property of the City of Pickering and are insured under the City’s Insurance Policy. 15.01 13.0215.02 For all Borrowed Public Art, the Artist will submit proof, satisfactory to the City, of insurance coverage for the artistic work, and a waiver freeing the City from liability in case of accidental loss, theft, damage or vandalism. In addition, the Artist will submit a complete list of displayed artistic work(s); which will include the title(s), dimensions, medium/media and appraised value(s). See Appendix 4. 1416 Storage 14.0116.01 When storage of Public Art, whether short-term or long-term, is required, the City will ensure that such storage meets appropriate museum standards. Whenever possible, existing City and community resources will be used for the storage and management of the City’s Owned Public Art. 15 Agreements & Installation 15.01 The Artist 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: Formatted: Indent: Left: -0.38", Hanging: 0.63", Outline numbered + Level: 2 + Numbering Style: 01, 02, 03, … + Start at: 1 + Alignment: Left + Aligned at: 2.63" + Indent at: 2.88" Policy Title: Public Art Policy Page 19 of 25 Policy Number: CUL 130 Materials Timelines Installation Maintenance and/or conservation plans Warranty Copyright, Intellectual Property and Moral Rights Payments to sub-contractors 15.02 The Artist is generally responsible for the installation of all artworks that the City has acquired. All contractual requirements with the Artist(s) will be overseen by the City and identified, in advance, through the agreement of purchase, commission or donation. The condition of all acquired art works will be reported upon receipt, and any problems found will be referred to the artist for resolution. 15.03 The City has the authority to determine the length of time a work of public art will be displayed in Public Spaces. The City shall 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. 17 Agreements & Installation 17.01 The Artist will enter into a written agreement with the City of Pickering in the form of the Letter of Understanding (Appendix 1). This agreement will address the Artist’s obligations, which include, but are not limited to: Formatted: List 2, Indent: Hanging: 0.63" Formatted: Indent: Left: 0.25", Hanging: 0.44", Space After: 0 pt, Tab stops: 0.63", Left Materials Timelines Installation Maintenance and conservation plans Fabrication schedule  17.02 17.02 The Artist is responsible for the installation of the artwork. All contractual requirements with the Artist(s) will be overseen by the City and identified, in advance, through the agreement of purchase, commission or donation. The condition of all acquired artworks will be reported upon receipt, and any problems found will be referred to the artist for resolution. Formatted: Space After: 12 pt Formatted: List 2, Indent: Hanging: 0.56" Formatted: Indent: Left: 0", Hanging: 0.19", No bullets or numbering 1618 Deaccession & Disposal 16.0118.01 The City may deaccession and/or dispose of Public Art when necessary. All reasonable efforts will first be made to resolve problems or re-site the Public Art, in consultation with the Artist and/or donor, where appropriate. Public art may be deaccessioned and/or disposed of under any of the following situations: Policy Title: Public Art Policy Page 20 of 25 Policy Number: CUL 130 endangerment of public safety; excessive repair or maintenance; irreparable damage; inaccessibility; site redevelopment; art is no longer relevant ; works that endanger public safety; possibility of upgrading through exchange; no appropriate location for exhibition of work; copies, forgery or reproductions lacking authenticity or archival value; the public art is no longer relevant to the City’s Public Art Collection, or the public art is discovered to have been stolen, or was offered to the City for acquisition using fraudulent means. 16.0218.02 The City of Pickering will be responsible for preparing a report providing the justification for recommending deaccessioning of the artwork for the Public Art Committee, to be endorsed by the Cultural Advisory Committee and received as correspondence by Council, as appropriate. 16.0318.03 In the event of accidental loss, theft or vandalism, the City retains the right to determine whether replacement or deaccessioning of the artwork is appropriate. 16.0418.04 No artistic work will be deaccessioned and disposed of without consultation with the Public Art Committee. Recommendations to the Public Art Committee regarding the need for a method of deaccession will be made by Cultural Services Staff. The deaccessioned art may be moved, sold, returned to the artist or destroyed, with any monies received through the sale of the artwork being placed in the Public Art Reserve Fund. 1719 Copyright and Intellectual Property 17.0119.01 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. 17.02 The City will respect the artist’s right of authorship and the integrity of the public art. 17.0319.02 Copyright of the artwork shall remain with the Artist unless the City has acquired the copyright in full from the Artist or has an agreement in writing for limited usage. 17.0419.03 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. 17.05 In cases where the artist is not contracted directly to the City, but is a sub-contractor (e.g. for integrated artworks or artist on a design team) or for developer-provision of public art, Policy Title: Public Art Policy Page 21 of 25 Policy Number: CUL 130 Formatted: Space After: 12 pt the City shall stipulate that the contract must include terms related to intellectual property rights, ownership, and maintenance obligations, as appropriate. Formatted: Indent: Left: -0.38", Hanging: 0.63", Outline 19.04 1820 Artist Remuneration 18.0120.01 Artists shall be fairly compensated for their time and work. Compensation shall be determined on a case by case basis, adhere to the Canadian Artists Representation (CARFAC) and adhere to the Canadian Artist Representation, RAAV Minimum recommended Fee Schedule.. 18.02 Artist Contract Terms – In creating standard agreements with artists, it is important to note artist moral rights and to take into consideration practices in the arts sector, which differ from other professional service providers or suppliers. When the City of Pickering contracts an artist for a commission, the artist agreement will include, but not be limited to the following: scope of work (may be design services only; or design, fabricate and/or install); City’s and artist’s obligations, appropriately apportioning risk and responsibility; timelines; ownership, maintenance, and conservation obligations; intellectual Property, Copyright, and Artist Moral Rights; artist recognition; warranty and insurance (as appropriate); and, payment schedule. 1921 Community Engagement & Awareness 19.0121.01 The City will be responsible for ensuring there is an opportunity for community input and involvement in public art and expanding the level of knowledge of the City’s Public Art Collection in the community. 19.0221.02 City staff will be responsible for ensuring the community is aware of any public art installations or deaccessioning in public spaces. When appropriate, the community will be asked to comment on the selection of a commissioned work or official unveilings will be undertaken in order to allow residents to take part in celebrating new additions to the Public Art Collection. 20 Pickering Public Art Interactive Map 20.01 The City of Pickering shall develop and maintain an interactive online public map that identifies the location of public art pieces and provides a photograph and information, such as a description of the public art piece, installation date and artist name. If available, the City will also include information from the artist including web links, artist biography, artist statement and video footage of the artist discussing their work. Policy Title: Public Art Policy Page 22 of 25 Policy Number: CUL 130 numbered + Level: 2 + Numbering Style: 01, 02, 03, … + Start at: 1 + Alignment: Left + Aligned at: 2.63" + Indent at: 2.88" Formatted: Font: Bold 20.02 This information will also be held within the Public Art Inventory; which will be maintained by the Community Services Department. Policy Title: Public Art Policy Page 23 of 25 Policy Number: CUL 130 2122 Public Art Development by the Private Sector 21.01 The City actively encourages private sector applicants to include public art in development projects through the Site Plan application process. The provision of public art will be secured through a Site Plan Control Agreement that will be registered against the title of the lands. 21.02 Options for private sector contributions to public art are:  On-site Contribution: This is where the applicant incorporates the public art within the development limits. In addition to the requirements outlined in Section 10.03 of this Policy, the design, commissioning and installation of the public art piece will be at the sole cost of the owner, and subject to approval by the City. Ongoing maintenance, repair or replacement of the public art piece will be at the sole cost of the owner.  Off-site Contribution: This is where the applicant provides public art on municipal property. In addition to the requirements outlined in Section 10.01 of this Policy, the design, commissioning and installation of the public art piece will be at the sole cost of the private sector proponent, and subject to approval by the City. The ongoing maintenance, repair or replacement of the public art piece will be at the sole cost and responsibility of the City. 22.01 Partnership with business/agency. 23 Funding 23.01 Public Art may be funded through the following methods: i. Public Art Reserve Fund Five percent of surplus or a minimum flat rate of $150,000 annually, whichever is greater. best efforts as determined by the Director -Five percent of annual surplus or Finance & Treasurer 24 i. Grants i. Community Benefit Charge ii. iii. Sponsorship iv. Donations 22 22.01 Funding to support this policy will be provided through the establishment of a Public Art Reserve Fund, as recommended in The City of Pickering Cultural Strategic Plan (2014). Formatted: Indent: Left: -0.38", Hanging: 0.63", Space After: 12 pt, Outline numbered + Level: 2 + Numbering Style: 01, 02, 03, … + Start at: 1 + Alignment: Left + Aligned at: 2.63" + Indent at: 2.88" Formatted: List 2 Formatted: List 2, Indent: Left: 0.44", Space After: 6 pt, Outline numbered + Level: 3 + Numbering Style: i, ii, iii, … + Start at: 1 + Alignment: Right + Aligned at: 0.69" + Indent at: 1.19" Formatted: List, Indent: First line: 0" Commented [HJ3]: Per Stan’s direction – 5% of annual surplus or best efforts as determined by the Director Finance & Treasurer Formatted: Indent: Left: -0.3", Hanging: 0.49", Tab stops: Not at 0.25" Formatted: List 2, Indent: Hanging: 0.75", Outline numbered + Level: 3 + Numbering Style: i, ii, iii, … + Start at: 1 + Alignment: Right + Aligned at: 0.69" + Indent at: 1.19", Tab stops: 0.94", Left Formatted: List 2, Outline numbered + Level: 3 + Numbering Style: i, ii, iii, … + Start at: 1 + Alignment: Right + Aligned at: 0.69" + Indent at: 1.19" Policy Title: Public Art Policy Page 24 of 25 Policy Number: CUL 130 22.02 Starting in 2021, it is recommended that Council provide financial support in the amount of $100,000 to implement the Public Art Policy. In 2022, it is recommended that the financial support increase by $25,000 for a total of $125,000. The financial contribution should be increased by $25,000 every year until the funding model is reviewed. 22.03 The Public Art Reserve Fund will be used to cover the costs of the management, additional insurance costs, administration and promotion of public art in the City and the purchase, maintenance, conservation, restoration, archiving, and deaccession of the Public Art Collection. 22.04 Up to a minimum of 75% of all funds collected must be used for the design, fabrication installation and documentation of Public Art or Community Art projects chosen through an objective jurying selection process. 22.05 Funds ranging up to 25% will be apportioned to the governance and administration of the selection process, collection, inventory, staffing, legal requirements, deaccession of artistic works, and overall policy review. 22.06 Any operating funding required for the ongoing operation of specific pieces of public art must be funded from the Public Arts Reserve Fund and approved by Council on a case by case basis. Please refer to all associated Procedures and Standard Operating Procedures, if applicable, for detailed processes regarding this Policy. Appendix 1.Letter of Understanding Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: -0.13" + Indent at: 0.13"2.Maintenance and Conservation Template for Public Art Certificate of Insurance Formatted: Font: Bold Formatted: Indent: Left: -0.13" Policy Title: Public Art Policy Page 25 of 25 Policy Number: CUL 130 PUBLIC ART PLAN 2023/2026 Geordie Lishman Spirit of Pickering (Live), 2020, The Esplanade Park (City Centre), Pickering Attachment 3 to Report CS 30-23 Foreword The City of Pickering Public Art Plan (2023–2026) is built on the understanding and recognition that 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. Blair Baker Little Boy Fishing, 2013, Front and Commerce, Pickering Progress Frenchman’s Bay East Park (Waterfront), Pickering Contents Introduction 5 1.0 Public Art Typologies 8 2.0 Cultural Hotspots for Public Art in Pickering 13 2.1 Civic Centre Public Art 15 2.2 Pickering’s Waterfront Public Art 27 2.3 Pickering Museum Village Public Art & Greenwood Park 41 2.4 Suburban Public Art 55 2.5 Gateways & Hubs 65 Edward Falkenberg Dreamscape, 1999, Pickering Town Centre, Glenanna Blvd. (City Centre), Pickering Introduction In 2023, the City of Pickering has over 40 Public Artworks throughout the City including permanent sculptures and The plan includes the existing Public Art in Pickering, identifes zones for future Public Art projects, and proposes new initatives for the future. • Civic Centre • Waterfront • Pickering Museum Village & Greenwood Park • Suburban • Gateways & Hubs This plan was created in Summer 2023. murals. Scan the QR code to access the City’s Public Art Page. 5 The following staff were consulted in the development of this plan: Director, Community Services, Division Head, Culture and Community Programming, Coordinator, Cultural Services, Coordinator, Public Art, Community Services; Director, Operations Department, Division Head, Operations Services, Operations Department; Director, Engineering Services, Manager, Landscape & Parks Development, Manager, Capital Projects & Infrastructure, Manager, Capital Projects & Infrastructure, Transportation Engineer, Engineering Services; Manager, Sustainability & Strategic Environmental Initiatives, Senior Planner - Site Planning, City Development; Senior Advisor, Equity, Diversity & Inclusion, Office of the CAO; Director, Finance & Treasurer, Manager, Budgets & Internal Audit, Manager, Procurement, Senior Financial Analyst, Finance; Developed by: Stoyan Barakov, Coordinator, Public Art. By working with various City departments, we plan to increase the number of Public Art and placemaking initiatives in our City. 6 7 1.0 Public Art Typologies The City of Pickering is a vibrant community rich in diversity, heritage, environment and the arts. As the City continues to grow and intensify, public art will play an integral role in creating an inviting and livable City. This section illustrates diferent types of public art that provide inspiration for the Public Art Plan. Examples include works of various scales and mediums from around the world. 8 Londra, opera di Yinka Ilori, ph. ©Jason Alden statistics from: New Study Shows Streets Are Safer with Asphalt Art, April 14, 2022 Asphalt Art Inspiration from other cities Did you know that streets are SAFER with Asphalt Art? 9 ion Brian Jungen Henry Moore A+J Art + Design Couch Monster, 2022, AGO Draped Seated Woman, 1957-8, Private Collect SOS (Safety Orange Swimmers), 2019, Toronto Suzanne Simoni Liz Magor Jef Koons Three Sides One Gesture, 2019, Toronto LightShed, 2015, Vancouver Puppy, 1992, Spain Sculpture Inspiration from other cities 10 Melanie Jewell, Kyla LeSage and Lianne Charlie Strong, Healthy Women Mural, 2021, Yellowknife Christine Dewancker Daylighting (without you I would be lost) , 2019, Toronto Lucas Walker Spinifex Rock Snake, 2021, Toronto Vivid, 2011-19, Australia Community-based Art Digital Art Inspiration from other cities Inspiration from other cities 11 Marina Abramović The Artist Is Present, 2010, New York Willi Dorner Bodies in Urban Spaces, 2022, Toronto Land Art Performance Inspiration from other cities Inspiration from other cities Andy Goldsworthy Land Art Kathy Klein Nature Mandalas 12 2.0 Cultural Hotspots for Public Art in Pickering Existing and planned public art projects are focused on the following fve zones or hotspots. As the city develops and grows, new focus areas for public art will be identifed. 13 2.1 Civic Centre Public Art ... 15 • Existing Artwork • Public Art in Esplanade Park • Refections Garden and Refections Public Art • Winter Illumination as part of Winter Nights, City Lights • Chestnut Hill Developments Recreation Complex (CHDRC) 2.2 Pickering’s Waterfront Public Art ... 27 • Existing Artwork • Examples of Public Art • Public Art around the Waterfront • Alex Robertson Park • Water is Medicine • Rotary Frenchmans Bay West Park • Beachfront Park 2.3 Pickering Museum Village Public Art & Greenwood Park ... 41 • Public Art around the Pickering Museum • Examples of Public Art • Pickering Heritage & Community Centre • Greenwood Park 2.4 Suburban Public Art ... 55 • Existing Artwork • One Horse Power • Five Sides of Pickering • West Shore Skate Spot • Shell Gas Station 2.5 Gateways & Hubs ... 65 • The Street Banner Program 14 INSERT MAP Esplanade Park - Existing artwork (installed) - Refections Garden (installed) -Winter Illumination as part of Winter Nights, City Lights (planned, ongoing) Chestnut Hills Developments Recreation Complex - Exterior and interior Temporary Murals (installed) - Arts, Heritage and Culture Displays (installed, on-going) 15 CIVIC CENTRE 2.1 Civic Centre Public Art The map on the left shows diferent locations where Public Art has been installed and has been planned in Pickering’s Civic Centre. 16 17 Andreas Drenters The Pickering Pioneer Family, 1989, Pickering Civic Centre - Esplanade Park (City Centre), Pickering 18 Civic Centre Public Art Existing Artwork Civic Centre Public Art Existing Artwork The Pickering Pioneer Family by Andreas Drenters (1989) Spirits of Pickering; Gather, Inspire, Work and Live by Geordie Lishman (2020) 19 Civic Centre Public Art Existing Artwork Pollinators 1and 2 by Ron Baird (2020) Poppies Obelisk by Jean Pierre Schoss (2014) Dreamscape by Edward Falkenberg (1999) 20 Public Art in Esplanade Park Esplanade Park surrounds City Hall and is located in the heart of the City. It is the primary location for community celebrations, community events, performances, and for regular passive use. In 2018, the City of Pickering received provincial support to complete Phase 1 enhancements to Esplanade Park through the Main Street Fund. Phase 1 included the installation of several pieces of permanent public art: four sculptures by artists Geordie Lishman, ‘Spirit of Pickering’, and two sculptures by artist Ron Baird, ‘Pollinators’. Phase 1 upgrades were installed in 2020, and included upgraded landscaping and seating in Esplanade Park. With the funding support of the Government of Canada, the City of Pickering initiated Phase 2 of this project in 2022. Additionally, Esplanade Park hosts some of our community art programs and events such as the Winter Nights, City Lights. 21 In response to the pandemic, Phase 2 of the Esplanade Park project includes a Refections Garden to provide a public space for people to practice self-care and refection. The garden includes a shade structure, accessible seating, and playable musical instruments. In 2022, Studio F Minus was selected to produce a new permanent public artwork that serves as the focal point for this space. The work is titled Refections and it was installed in 2023. Refections depicts the impact by COVID-19 on our community. In particular, the families of victims of the pandemic, those living in long-term care, frst responders and frontline workers. Refections Garden including public artwork, seating elements, shade structure and musical instruments. 22 Refections public artwork unveiling. Esplanade Park Refections Garden Installed May, 2023 - Approved by Council on June 27, 2022, Directive #943/22 Funded by the Government of Canada Esplanade Park Winter Illumination as part of Winter Nights, City Lights Installed November 2022 - January 2023 (ongoing, annual event) 2023 Installation Sponsored by Ontario Power Generation “FIREWEED” by Bekah Brown was a temporary artwork installation in Esplanade Park as part of Winter Illumination for Winter Nights, City Lights 2022. FIREWEED is an interpretation of a feld flled with freweed plants constructed from driveway refectors. The freweed plant is a healer of both land and people; it is one of the frst plants to bring life back to an area following a forest fre and it has medicinal properties known around the world. As such, this piece creates space for mourning what’s been lost during the COVID-19 pandemic while celebrating resilience and symbolizing hope for the future. Images of the temporary public art by Bekah Brwon. Bekah is a multi-disciplinary artist; her practice includes fashion, textiles, and multimedia art installations. She has shared parts of her ancestral exploration through her work as she learns how each tradition has impacted who she is as well as how a non-visible disability and mental health disorder have impacted her life and identity. She is driven to continue exploring and engaging with her experiences as artistic creation is fundamental to her understanding and healing processes. 23 Esplanade Park Winter Illumination as part of Winter Nights, City Lights Planned Project (ongoing, annual event) 2024/2025 installations will be subject to sponsorship funding Each year, the City of Pickering welcomes the winter season by illuminating Esplanade Park with a special countdown and freworks display, a holiday market tent with local artist/artisan vendors, community art installations, culinary treats from food vendors, games, giveaways, musical entertainment, and more. Inspirations from other cities: RAW Design in collaboration with Atomic3, Prismatica, 2019-22, USA and Canada ENESS, SKY CASTLE, 2021/22, Stratford 24 Monkey C Interactive, Candycombs, 2021, Mississauga Chestnut Hill Developments Recreation Complex Exterior & Interior Temporary Mural Installed March 2023 Funded by the Government of Canada The City of Pickering celebrated frontline workers through two new murals installed at Chestnut Hill Developments Recreation Complex (CHDRC) in March 2023. Zuna Amir and Malik McKoy, Durham-based artists, consulted with community members in order to create artworks that celebrate frontline workers and frst responders. Zuna infront of her work Community Complex Zuna Amir, who was comissioned to create a mural for the external wall of CHDRC, is a Pakistani- Canadian multidisciplinary artist based in Durham. She graduated from OCAD University with a Bachelor of Design majoring in Illustration and is now working as a freelance artist. Her work emphasizes form, line and details as a response to the environment around her. Malik in front of their work They Matter Malik McKoy, who was commissioned to create a mural for inside the CHDRC, is an artist based in Ajax. McKoy is a recent graduate of OCAD University’s Drawing and Painting program and the Game Art and Animation program at Seneca College. McKoy’s work was featured in the 17th edition of MOMENTA in Montreal and in public screenings as part of Artworx TO with InterAccess and Toronto Animated Image Society. 25 Chestnut Hill Developments Recreation Complex Arts, Heritage and Culture Displays Installed March 2023 Funded by Current Budget Images of the permanent display system at CHDRC located at the north-west entrance The Cultural Services team installed a permanent display system at Chestnut Hill Developments Recreation Complex to showcase changing exhibits and art. This display system is located on the main foor, banquet hall wall across from the change room entrances. The wall track was installed December 2022. The track can hold up to 70 lbs and can be used for a variety of applications (art, banners, etc.). The track spans 60 feet in width and up to 15 feet in height. Future exhibition plans will be presented to the CAC for endorsement. In 2023, framed photographs of the work by Tracey-Mae Chambers hopeandhealingcanada were displayed in the space. 26 Waterfront - Existing artwork (installed) - Beachfront Park (proposed) - Millennium Square (confrmed) Waterfront - Alex Robertson Park (confrmed) - Progress Frenchman's Bay East Park (proposed) Waterfront - Rotary Frenchman Bay West Park (confrmed) - Indigenous led Public Art (confrmed) - Interpretive nodes (proposed) 27 WATERFRONT 2.2 Waterfront Public Art The map on the left shows diferent locations where Public Art has been installed, confrmed, and has been proposed for Pickering’s Waterfront. In 2023, repairs and upgrades were made to Rotary Frenchman’s Bay West Park. This included a new comfort station, upgraded pathways, improved accessibility to the beach, and 8 interpretive nodes that are designed for Public Art and Placemaking features. Starting in 2024, Beachfront Park is planned for repairs and upgrades, including a new boardwalk and nodes for Public Art and Placemaking. 28 29 Waterfront Public Art Existing Artwork Pickering’s waterfront backyard, the perfect space to escape the city pace. Relax on one of our sandy beaches, or take a stroll through the colourful trails along the shoreline. Pickering’s waterfront provides countless recreational and social opportunities, ofers some of the region’s best surfng and kite boarding, and gives residents and visitors a place to relax and socialize Blair Baker Little Boy Fishing, 2013, Front and Commerce, Pickering Progress Frenchman’s Bay East Park (Waterfront), Pickering 30 Batten Disease Memorial Sculpture Millennium Mast by Lynda & Ron Baird (2000) The Primrose’s Cutter Head Little Boy Fishing by Blair Baker (2013) Waterfront Public Art Existing Artwork 31 Waterfront Public Art Existing Artwork Kijimba Kind - Spring (Persephone), The Parson, Owl (Hibou), Eagle (Aquila), The Crane (Sentinel), The Moirai, Eden Seed, Bridge Builder (Tji-Wara) by Dorsey James (2001) Area of Enchantment 1 and 2 by Dorsey James (2001) 32 Alex Robertson Park Kijimba Kind Confrmed, to be installed September 2023 Restoration funded by Current Budget 2022 Interpretative signs in partnership with TRCA and funded by Ontario Power Generation Sponsorship Kijimba Kind by Dorsey James are spirit children of all types and colours designed to represent the peoples from a diversity of cultures that have come from near and far to call this country “home”. They symbolize our history as well as the diversity of religions, our myth and our legend. They are, too, reminiscent of a variety of directions, choices, options or challenges that we might encounter in our lives i.e. to be strong and determined (Aquila the eagle), vigilant (the crane) or knowledgeable (the owl). All represent some aspect of human experience, hope and aspiration. In 2022, this artwork was restored by artist Dorsey James and was installed in 2023. Dorsey James Kijimba Kind - Owl (Hibou), Alex Robertson Park Original site map showcasing the locations of Kijimba Kind by Dorsey James. 33 Rotary Frenchman's Bay West Park Water is Medicine Confrmed, to be installed October 2023 - Approved by Council on June 26, 2023, Directive #218/23 Funded by Public Art Reserve Rendering of the proposed public artwork Water is Medicine SpruceLab 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. This project will be located in one of the interpretive nodes at Rotary Frenchman's Bay West Park. Artwork will be installed in Fall 2023. The experience begins with the innovation of the Ojibwe birchbark canoe, used to navigate area waterways since time immemorial. A cedar tree is included as a tree and roots, hugging the canoe, emphasizing the close relationships of humans to nature (and cedar is an important traditional medicine). It is also an essential element used in making this kind of canoe. Next, one discovers the form of a schooner, an innovation of early settlers to pull stones up from the bottom of the lake that contributed to the development of the area. The highly polished stainless steel symbolizes both innovation and refecting on one’s place in history. Looking forward, the decommissioning of the Pickering nuclear plant will have a signifcant impact on the City, an industry that relies on water also. 34 Rotary Frenchman's Bay West Park Interpretative Nodes Planned Public Art Projects (2023 - 2025) Funded through a mix of Public Art Reserve, Grants and Sponsorship The Rotary Frenchman’s Bay West Park, as part of the 2020 Master plan, includes 8 spaces dedicated to ‘Interpretative Nodes’. These nodes are identifed for public art plus interpretive elements. The 8 locations have been designated for Public Art activations. 1 Entry way to RFBWP 2 Trafc turn-around with drop-of and gathering space 3 Entry way to Waterfront Trail 1 2 3 Map of Rotary Frenchman's Bay West Park including designated locations for public art. 35 Rotary Frenchman's Bay West Park Interpretative Nodes Planned Public Art Projects (2023 - 2025) Funded through a mix of Public Art Reserve, Grants and Sponsorship 4 5 6 7 8 Map of Rotary Frenchman's Bay West Park including designated locations for public art. 36 Design elements may include seating, shade or signage features that are created by various artists. 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 Rotary Frenchmans Bay West Park Interpretative Nodes Public Art Concepts (2023 - 2025) To be funded through a mix of Public Art Reserve, Grants and Sponsorship Community Services directly invited three teams of artist/designers to provide concepts for public art ideas for Rotary Frenchman’s Bay West Park - Interpretive Nodes. The collected concepts will be used to enhance a future public art call and leverage the concepts for grant funding. Rendering of Nesting by Julia Jamrozik and Coryn Kempster. Rendering of Origami Animals by Figureground Studio. Renderings of Narratives by Suzanne Simoni. Interactive Public Art Concept by Aesthetic Public Art Concept by Figureground Educational Public Art Concept by Julia Jamrozik and Coryn Kempster - Nesting Studio - Origami Animals Suzanne Simoni - Narratives 37 Enhancing the design of the Beachfront Park 2022 Master Plan, Public art will be used to amplify accessibility, improve usability and visibility. Waterfront pathways and lookouts will be designed to include spaces for public art displays and installations. Construction of Beachfront Park is expected to begin in 2024. Rendering of Beachfront park including bases of sculptural programming. Beachfront Park Waterfront Trail Proposed Public Art Project (2023-2025) Seeking Grant Funding 38 Millennium Square Winter Wonderland: Light-based Sculpture Confrmed, to be installed November 2023 - Approved by Council on June 26, 2023, Directive #218/23 Funded by Operating Budget The event Winter Wonderland, on Saturday, December 2 and Saturday, December 9, 2023, includes vendor’s market, ice carving and sculptures on display, fre pits with s’mores, wagon rides, roaming characters and a signature semi-permanent public art sculpture. The event activates Millennium Square during December 2 and December 9; however, the signature public art sculpture remains on-site until January 31, 2024. Rendering of the artwork proposed by Jordan Shaw. The public art piece by Jordan Shaw Studio titled "Same Material / Diferent Time" is to be displayed in the Nautical Village during the winter season (December 2nd – January 31st) as part of a new series of events called – Winter Wonderland. The City of Pickering has purchased the work and assumed full ownership. The illuminated light-based temporary sculpture will act as a landmark and further transform Millennium Square by creating a sense of joy and excitement for residents and visitors during the Holiday season. 39 40 MUSEUM Pickering Museum Village - On The Backs of Fish (confrmed) - Millpond Meadow (installed) - Roots to Rebellion: Digital Exhibit (confrmed) - Roots to Rebellion: Wagon Wrap (confrmed) - Gather and Grow (proposed) - 175th Anniversary of the Greenwood Blacksmith Shop (installed) - Pickering Heritage & Community Centre (planned) - Greenwood Park (proposed) 41 2.3 Pickering Museum Village Public Art & Greenwood Park Pickering Museum Village is a community hub where people come together to learn, share stories, and build relationships through progressive, fun, and vibrant experiences. Through exhibitions, public programming, and school programming, the museum ignites imaginations and fosters a connection between our residents and our history. Pickering is slated to welcome a brand new 44,000 sq. ft. space in the spring of 2026 that will celebrate the City’s rich heritage, while bringing together Museum, Library and Community Centre into one dynamic facility. Greenwood Park will undergo Master Planning in 2024, updating accessibility, usability and features of the park. 42 43 Pickering Museum Village On The Backs of Fish Confrmed, to be installed November 2023 - Approved by Council on May 23, 2023, Directive #199/23 Funded by Government of Canada The artwork entitled “On the Backs of Fish” is an interactive sculpture that forms a connection between landscape, community and ecology. The artwork takes inspiration from salmon swimming upstream, by resembling fsh forms emerging from Millpond Meadow, and mimicking the movement of the fsh as they navigate the current. The larger than life school of fsh, will be installed in the meadow adjacent to Dufns Creek. Concept rendering by Bluf Studios For the past fve years, the City of Pickering, in partnership with the Pickering Public Library, Ontario Federation of Anglers and Hunters and Ontario Ministry of Natural Resources, has supported a salmon hatchery at the Pickering Central Library. Library patrons and students from local schools had the ability to observe and learn about the Atlantic salmon and the importance of biodiversity. “On the Backs of Fish” will form a bridge between the learning space of the museum and the watershed itself - an interactive work that encourages play and an understanding of how the fsh travel through the landscape. 44 Pickering Museum Village Millpond Meadow Installed Placemaking Project, November 2022 Funded by Government of Canada Image from Millpond Meadow A new gathering space was installed at Pickering Museum Village's Millpond Meadow. This space provides additional seating and an opportunity for community programs. The 8 sugar maple trees will be used for maple-themed programming. 45 Pickering Museum Village Roots to Rebellion: Digital Exhibit Confrmed, to be installed February 2024 - Approved by Council on May 23, 2023, Directive #199/23 Funded by Government of Canada This interactive digital exhibit in the restored Log Barn will explore the early years of Pickering and how the settlers from this small farming community were instrumental in the Rebellion of 1837. It will be told through the perspectives of Black settlers, working through their lives from the 1820s and culminating in the Rebellion of 1837-38. Events such as the Abolition Act of 1834, the Underground Railroad, the Upper Canadian Rebellion, and United Empire Loyalists settlement will be interpreted through the lens of Pickering and Durham’s black community by Oddside Arts. Oddside Arts explores art through speculative practices (sci-f & fantasy imaginings, and musings about the future), and the application of technology by using digital design and immersive experiences. They also make sure that mental well-being is a part of our approach by working from a point of view that prioritizes mindfulness. They are dedicated to supporting artists, especially those who identify as part of the Afrodiaspora, Indigenous and/or 2SLGBTQIAP communities. Image of Log Barn 46 Pickering Museum Village Roots to Rebellion: Wagon Wrap Confrmed, to be installed November 2023 Funded by the Government of Canada Georgia Fullerton will explore the wagon and its historical importance as a vehicle of change in the experience of early Black settlers in the 1800’s. The wagon will serve as a metaphor for the emotional, mental, and physical transformation experienced by Black people - their decisions to fght for Loyalists or Patriots, and a view of how those decisions directed their lives after the rebellion ended. Artwork created by Fullerton will be applied to the wagon using a vinyl wrap process – similarly to how a decal is applied to a car. Fullerton intends to explore imagery and iconography related to transportation, farming and agriculture, quilt codes, sacred spaces, and school houses. The piece will complement the Roots to Rebellion exhibition at Pickering Museum Village. Set to open in 2024, the exhibition will explore the perspective of Black persons in the early 1800s, during movements such as the Abolition of Slavery in the British Empire, the Underground Railroad, and the 1837 Rebellion. The artwork will be completed and installed winter 2023. concept renderings by George Fullerton Georgia Fullerton is a professional artist, arts educator and a graduate of the CREATE Institute’s Expressive Arts Therapy program. She is the first Black female practicing artist to sit as board director and chair of the Collections Management and Acquisitions committee for The Robert McLaughlin Gallery in Oshawa, Ontario and founder of the Durham Black Artists’ Collective. Her art is held in public and private collections in Canada, United States, Australia and the Caribbean. 47 Pickering Museum Village Gather and Grow Proposed Public Art Project (2023-2025) Seeking Funding image of Miller Cole House Troublemakers was contracted by the City of Pickering to design a concept proposal for a new interactive experience at the Miller Cole House and surrounding garden spaces. The Miller Cole House’s exhibit Gather and Grow explores the culinary history of Floorplan of exhibit Gather and Grow. Pickering through recipes, cooking and food-based programs. Rendering of the interactive table cloth. Interactive table cloth inspiration. The Miller Cole House is planned for restoration in 2024/2025. 48 Outdoor educational garden. Rendering of the active stove. Pickering Museum Village 175th Anniversary of the Greenwood Blacksmith Shop Banners Installed November 2022 Funded by Government of Canada 2022 marked the 175th Anniversary of the Greenwood Blacksmith Shop at Pickering Museum Village. Durham Region based artist Dani Crosby created a series of images to celebrate the occasion! The created artworks celebrate the history of blacksmithing by telling its stories. Through 7 unique artworks, Crosby tells stories that show how the role of the blacksmith has been crucial to agriculture, sport, commerce, and the city’s identity. Images illustrate the history of farming that was possible in Pickering because of the blacksmith farriers, the history of horse breeding locally only in large part made possible by blacksmiths, and celebrate Pickering Blacksmith artist, Bill Lishman who worked in Greenwood Blacksmith Shop for many years. Crosby’s artworks can be seen below and at the picnic shelter at Pickering Museum Village. A selection will be printed as banners and installed along Kingston Road. “In general, but especially as a local Durham Region artist, it was an honour to create illustrations for the 175th Blacksmith Anniversary Project. Honestly, this was one of those projects an artist could spend a year on, there is so much to learn and it is all very interesting. I took a lot of direction from the community, prioritizing the things they declared to be most important to them. I hope these images will inspire curiosity, create visual interest, and serve as potential starting points to further visual explorations of the past and present of this community.” -Dani Crosby 49 Pickering Museum Village 175th Anniversary of the Greenwood Blacksmith Shop Banners Installed November 2022 Funded by Government of Canada The 7 unique artworks by Dani Crosby created through community consultation for the 175th Anniversary of the Greenwood Blacksmith Shop at Pickering Museum Village. 50 Pickering Museum Village Pickering Heritage & Community Centre Proposed Public Art Project (2024-2026) Funded by Public Art Reserve Exterior renderings of Pickering Heritage & Community Centre. Pickering Heritage & Community Centre will commence construction in 2023. This facility will be a destination for arts, heritage, library services and community programming. 51 PUBLIC ART ART GARDENART GARDEN Exterior entranceExterior entrance Pickering Museum Village Pickering Heritage & Community Centre Public Art Concepts (2024-2026) To be funded by Public Art Reserve PUBLIC ART Several opportunities for Public Art have been identifed for this location. The Public Art at the front of the building will act as a beacon while providing visibility and safety to patrons visiting. An art garden has been identifed between the front entrance and parking lot. The site will ofer immersive experiences. Artwork will compliment the architecture of the building, ecology of the area, and sustainable design features. The next page showcase concepts for Public Art at the Pickering Heritage & Community Centre created by various artists and creative organizations. This will be used to enhance a future public art call and leverage the concepts for grant funding. Site plan of Pickering Heritage & Community Centre including proposed locations for Public Art. 52 Pickering Museum Village Pickering Heritage & Community Centre Public Art Concepts (2024-2026) To be funded by Public Art Reserve Renderings by LeuWebb Projects. Renderings by Troublemakers. Rendering by SpruceLab Inc. Heritage Public Art Concept by Illuminated Public Art Concept by Environmental Public Art Concept by LeuWebb Projects Troublemakers SpruceLab Inc. 53 Examples of park amenities utilizing natural elements Pickering Museum Village Greenwood Park Proposed Project (2024-2026) Seeking grant funding Through community engagement, Greenwood Park Master Plan will consider how to transform and unify this space. Due to its proximity to Pickering Museum Village and the new Pickering Heritage and Community Centre, Greenwood Park provides an opportunity to link the Pickering Museum Village’s upper site, lower site and adjacent Greenwood Park into a ‘cultural campus’. The city will investigate thematic playable structures, public art and space for celebrations and events. 54 Suburban Areas - Existing artwork (implemented) Suburban Areas - One Horse Power (implemented) - Five Sides of Pickering (implemented) Suburban Areas - Existing artwork (implemented) -West Shore Skate Spot Mural (planned) Suburban Areas - Shell Gas Station (planned) Suburban Areas - Existing artwork (implemented) 55 SUBURBAN 2.4 Suburban Public Art The map on the left shows diferent locations where Public Art has been implemented, is planned, and has been proposed in Pickering’s Suburban Areas. Through redevelopment of sites and ongoing growth, the City works to identify opportunities to feature Public Art and placemaking initatives. 56 57 c Art Hallie A. Ndorley Curiosity, 2020, West Shore Community Centre (Suburban area), Pickering 58 Suburban Publi Existing Artworks Suburban Public Art Existing Artwork Nest by Mark Puigmarti (2021) 59 Suburban Public Art Existing Artwork Metal Horse by Jean Pierre Schoss (2021) Curiosity by Hallie A. Ndorley (2020) 60 Seaton Fire Hall #1 - 1700 Zents Drive One Horse Power Installed April 2023 - Approved by Council on June 27, 2022, Directive # #944/22 Funded by Capital Budget Artist Patrick Bermingham from Bermingham Studio Inc. created the artwork to pay tribute to the work horse, the original unit of power. Patrick refects “with a single horsepower, so much was accomplished in a short space in time,” highlighting that the work horse represents a time when human and horse worked closely together in synergy. The style of the sculpture is to be highly dynamic, not high realism. The artist intends for passers-by to feel the determination of the horse, conveying strength and beauty through perseverance. As the Seaton neighborhood continues to grow, this steel guardian will remind visitors and residents of the power required to get the job done, back then and today. Images from the installation of One Horse Power by Patrick Bermingham at Seaton Fire Hall #1. Patrick Bermingham is an internationally-recognized artist whose career spans decades. With a BFA in Sculpture, Bermingham has studied with and apprenticed with several renowned artists. Bermingham participated in the frst Canadian Wildlife exhibition in 1974. 61 Seaton Fire Hall #1 - 1700 Zents Drive 5 Sides of Pickering Installed April 2023 Funded by Capital Budget Pickering local artist Jason A. Das created fve diferent scenes from Pickering that will be installed as a wrap on the electrical box by Pickering Fire Services Headquarters and Station No.1 at 1700 Zents Drive. Each work incorporates wildlife wearing fre services hats which pays tribute to fre services. This project was unveiled as part of the Fire Hall opening on Sunday, June 11, 2023. Images of 5 Sides of Pickering by Jason A. Das at Seaton Fire Hall #1. Jason A. Das is a graphic designer & illustrator based out of Pickering, Ontario. Jason is a graduate of the Sheridan College Arts Fundamentals program, as well as George Brown College’s Graphic Design / Advertising program. Over the years, Jason has enjoyed working with clients in various industries, including e-commerce, fashion, retail, information technology, and conferences & tradeshows. 62 West Shore Skate Spot Community Mural Confrmed, to be installed October 2023 - Approved by Council on June 26, 2023, Directive #218/23 Funded by Public Art Reserve The newly designed Skate Spot in the West Shore Neighborhood provides a public site for a community mural. The artwork will be located at the West Shore Community Centre Skate Spot, 1011-1015 Bayly Street, Pickering. This temporary public art piece is intended to be created and executed with the help of the community (West Shore Neighbourhood Association, local youth and the City’s Programming team), refective of the neighbourhood and the recreational activities that take place in this location. The artist fatspatrol in partnership with Mural Routes will complete community consultation of the artwork with the Pickering West Shore Community Association, local youth and the City’s Programming team for the creation of the mural over the summer months, in which the mural will be completed and unveiled at an event in October 2023. Images of West Shore Skate Spot where the community mural by fatspatrol will take place. “I (Fathima Mohiuddin) grew up in Dubai. I went to school with kids from 90 diferent countries. As teenagers, we would all congregate at a skate bowl on the beach. I love that there is a universal language in skateboarding the world over. Giving children, youth and adults a ways of freedom, movement, expression and community building. As an artist, I fnd that the spirit of skaters in some ways resonates with being an artist, at least a street artist. Restless. Thrill seeking. Rebellious at times. Counter- culture. And in love with a feeling.” - Fathima Mohiuddin 63 Shell Gas Station - 690 Kingston Road Permanent Public Art Proposed Public Art Project (2024-2025) Funded by Contribution for Community Enhancement and Public Art Reserve A call for Public Art is planned for 2024. The selected artist will create a public sculpture to be installed in the garden space adjacent to Shell Gas Station. 690 Kingston Road is at a high-trafc and high-visibility area, making an entry point to Pickering. This artwork will serve as a focal point as people enter Pickering. PUBLIC ART Rendering of Shell Gas Station including public art location. 64 Gateways & Hubs - Brock Road/407 Corridor (proposed) Gateways & Hubs - Brock Road/Centennial Park (proposed) Gateways & Hubs - Eastern Gateway/Kingston Road (installed) Gateways & Hubs - City Centre/Kingston Road (installed) Gateways & Hubs -Western Gateway/Kingston Road (installed) 65 GATEWAYS 2.5 Gateways & Hubs The map on the left shows diferent locations where Public Art has been installed and has been proposed around Gateways & Hubs in Pickering. Gateways and hubs have been identifed based on their visitorship. 66 67 How many people drive past these Gateways & Hubs daily? City Centre/Kingston Road Brock Road/407 Corridor Brock Road/Centennial Park Eastern Gateway/Kingston Road Western Gateway/Kingston Road George Ashe Library and CC Parking Lot 17,170 27,200 24,285 19,655 28,800 19,020 Trafc Counts (AADT) were administered by the Region of Durham in 2019 and are available for public viewing on the City of Pickering - Open Data portal. Most areas listed above have seen signifcant growth, and increased trafc since this data source was made available. Using street banners, trash receptacles, utility boxes, murals and bike racks we can enhance the streetscape and beauty of the City. 68 Street Banner Design Inspiration from other cities 69 Street Banner Design Inspiration from other cities 70 Utility Boxes Design Inspiration from other cities 71 Trash Receptacles Design Bike Racks Design Inspiration from other cities Inspiration from other cities Murals Design Inspiration from other cities 72 Community Banner Series Confrmed Public Art Project (2023) Funded by Current Budget The Community Banner Series seeks to have professional artists design a series of seven (7) street banners that will animate and transform the street scape into welcoming and engaging spaces. Artwork is to be created digitally and will be recreated onto vinyl street banners. The artwork will be located within the City of Pickering. The call to artist goes out in May annually, and fnal designs are produced and installed in December. The Community Banner Series will build on the success of the original Community Banner Program that has received and archived artwork from a range of artists and artistic practices since 2018. Each year, these banners have contributed to colourful, vibrant, and City proud civic spaces in the City Centre. The Community Banner Series artwork will engage Pickering’s diverse local communities; celebrate the city’s natural, social and built environment; and bring more colour, beauty, pride and enjoyment to city streets, and gateways to our community. In recognition of the environmental efects of excessive plastic production, this project includes an opportunity to repurpose, refurbish and reuse retired banners for future displays, promotions, or re-created into new temporary public art piece, or re-usable options. 73 City Centre Banner Display Program Confrmed Public Art Project (2023) Funded by Current Budget Public art and wayfnding initiatives displayed on street banners are valuable assets that enhance the social and cultural environments of municipalities. Through these street banner installations, we beautify our environment, engage the community in creative placemaking, and celebrate community stories, culture, and diversity. The Community Banner Policy establishes clear and consistent methods for the City Staf to initiate and implement new community-led banner displays, and for individuals and organizations to request banner displays through the City Centre Banner Display Program. The City Centre Banner Display Program allows individuals and organizations to request street banner displays located on 24 designated streetlight poles in the City Centre; and to request banner displays in new locations throughout the City. Each applicant may have a maximum of 12 banners to display for 8 weeks. The City Centre Banner Display Program Applications will be collected biannually on March 28, and October 28 each year. Applications will be screened by staf for eligibility and reviewed by the Cultural Advisory Committee. For more information visit: www.pickering.ca/community-banners 74 For more information or questions contact: Sarah Douglas-Murray Director Community Services Department 905.420.4660 ext. 2025 | 1.866.683.2760 sdouglas-murray@pickering.ca Laura Gibbs Division Head, Culture & Community Programming Community Services Department 905.420.4660 ext. 3709 | 289.200.9658 lgibbs@pickering.ca Krystal Roberts Acting Supervisor, Cultural Services Community Services 905.420.4660 ext. 3604 | 1.866.683.2760 kroberts@pickering.ca