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HomeMy WebLinkAboutCUL 130 - Public Art PolicyPolicy 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 Policy Title: Public Art Policy Page 2 of 17 Policy Number: CUL 130 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 Agreements & Installation 18 Deaccession & Disposal 19 Copyright and Intellectual Property 20 Artist Remuneration 21 Community Engagement & Awareness 22 Public Art Development by the Private Sector 23 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 3 of 17 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 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. 01.13 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. Policy Title: Public Art Policy Page 4 of 17 Policy Number: CUL 130 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; • 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 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 streams; Policy Title: Public Art Policy Page 5 of 17 Policy Number: CUL 130 • 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: • 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. 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; Policy Title: Public Art Policy Page 6 of 17 Policy Number: CUL 130 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 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 public 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 7 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 8 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 9 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 10 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 11 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 Open 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 12 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 13 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 14 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 and 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 15 of 17 Policy Number: CUL 130 14.02 All public art submissions valued over $25,000 must include a maintenance and/or conservation plan from 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 16 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 in 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 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. 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 17 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 ii. Five percent of annual surplus iii. Grants iv. Community Benefit Charge v. Sponsorship vi. 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 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. 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 Artist require direction in any regard to the design, fabrication or installation of the Artwork, the City shall provide such direction in a prompt and timely fashion. 8. Detailed Design The Artist agrees: a) To evaluate all material and data relevant to the Artwork as provided by the City and shall facilitate production of the final design, working with the Cultural Services Unit and [other City departments and design team members, as needed] and, in order to finalize the detailed design and the exact location of the Artwork within the Installation Site, to the satisfaction of the City. 9. Specifications The Artist agrees: a) to provide detailed drawings and specifications to the satisfaction of the City and shall advise the City, in writing, through the Coordinator, Public Art, of all factors relating to the Artwork’s theme, budget, critical path, location, size, materials, structural, mechanical and technological 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 provided by the Artist. 14. Removal and Relocation of Artwork The City agrees: a) to endeavor to exhibit the Artwork in the original location and in its original and complete format subject to the City’s right to decommission or remove the Artwork or a particular piece thereof for reasons which may include, but are not limited to, the structural integrity of the Artwork, expiry of the expected lifespan of the Artwork, extensive or irreparable damage or vandalism or by reason of the necessity to accommodate the effective operation of the 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 made 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 original 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. 1 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. Artist Title Value Year, Dimensions and Material Location Maintenance and Conservation 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).