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HomeMy WebLinkAboutCS 22-25Report to Exeuctive Committee Report Number: CS 22-25 Date: September 2, 2025 From: Laura Gibbs Director, Community Services Subject: Dorsay Community & Heritage Centre Public Art Commission of Public Art File: A-1440-001 Recommendation: 1. That Council endorse that the commission of public art at the main entrance of Dorsay Community & Heritage Centre be awarded to Hooman Mehdizadehjafari; 2. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $112,566.43 to be funded by a transfer from the Public Art Reserve as approved in the 2025 Current Budget; 3. That the Mayor and the City Clerk be authorized to execute the Letter of Understanding between Hooman Mehdizadehjafari and the City of Pickering, set out in Attachment 1, subject to minor revisions acceptable to the Director, Community Services and the Director, Corporate Services & City Solicitor; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Executive Summary: The purpose of this report is to seek Council’s endorsement for the commission of public art, at the main entrance of Dorsay Community & Heritage Centre (DCHC), to be awarded to Hooman Mehdizadehjafari. As per section 09.10 of the Purchasing Policy (PUR 010), public art projects with costs that exceed $100,000.00 are subject to Council approval. As a key cultural hub for the City of Pickering, DCHC will serve as a cornerstone of civic identity and artistic expression. This prominent location not only enhances the visual appeal of the site but also creates a highly visible landmark along Highway 7, reinforcing DCHC’s role as a vibrant and creative hub for the community. As per the Public Art Policy (CUL 130), this purchase of artwork is recommended following a publicly promoted Call to Artists with pre-qualification of artists. The proposal Heritage Tree, by artist Hooman Mehdizadehjafari received the highest juried score, and was recommended and endorsed by the Public Art Jury and Cultural Advisory Committee. CS 22-25 September 2, 2025 Page 2 Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advocate for an Inclusive, Welcoming, Safe & Healthy Community. Financial Implications: The public art project for DCHC is reflected in the approved 2025 Current Budget (Cultural Services 10207) in the amount of $125,000.00. The net project cost is to be funded from the public art reserve in the amount of $112,566.43. 1. Estimated Project Costing Summary Fees set out in the Letter of Understanding $110,619.53 Total Project Cost $110,619.53 HST (13%) 14,380.54 Total Gross Project Costs $125,000.07 HST Rebate (11.24%) (12,433.64) Total Net Project Costs $112,566.43 2. Approved Source of Funds Approved Code Source of Funds Budget Funds Required 10207.502520.9710 Public Art Reserve $125,000.00 Total $125,000.00 $112,566.43 Project Cost under (over) approved funds by $12,433.57 The remaining funds of $12,433.57.00 will be used for signage, lighting and communications. Discussion: The purpose of this report is to seek Council’s endorsement for the commission of public art, at the main entrance of DCHC, to be awarded to Hooman Mehdizadehjafari. As per section 09.10 of the Purchasing Policy (PUR 010), Public Art projects with costs that exceed $100,000.00 are subject to Council approval. 1. The public art policy was followed in the selection of public art As per Section 10.01 of the Public Art Policy (CUL 130), an Open Call was selected as the Method of Acquisition. A two-stage process was selected, in which Stage 1 pre-qualif ied a short list of three artists. The three selected artists were invited to participate in Phase 2 in which they submitted a detailed project proposal. CS 22-25 September 2, 2025 Page 3 A Call to Artists was issued on December 13, 2024 (Attachment 2). The Call to Artists was advertised through the City of Pickering website, Akimbo, and through social media. As per Section 09.01 of the Policy, a Public Art Jury will be formed on an as-needed basis. The Public Art Jury evaluates the artist proposals in accordance with the selection considerations in Section 11 of the Policy. In this case, a Public Art Jury was convened to judge the submissions based on criteria established in the Public Art Policy. Twenty -six artists responded to the Call to Artists with a conceptual design proposal. The Public Art Jury met on March 6, 2025, to review the applications and select the top three artists to move to Phase 2 as per the information set forth in the Call to Artists. The Cultural Advisory Committee endorsed the top three artists as selected by the Public Art Jury at their meeting on March 18, 2025. The Phase 2 proposals were received in May 2025. The three concepts were showcased to the community for public viewing and comment during Artfest on May 24 and May 25, 2025, and featured on Let’s Talk Pickering from May 29, 2025 to June 4, 2025. Each artist presented their concept to the Public Art Jury on June 5, 2025. The Public Art Jury reviewed the judging criteria, scored each proposal, and ranked the top three finalists following the artist’s presentations. Following scoring and discussion, the Jury recommended that Hooman Mehdizadehjafari be awarded the commission of public art at the main entrance of the DCHC. The recommendation was endorsed by the Cultural Advisory Committee on June 17, 2025. The conceptual design proposal is set out in Schedule A of the Letter of Understanding (Attachment 1). The Letter of Understanding defines the relationship and responsibilities between the City and the Artist. 2. The artwork Heritage Tree connects cultural, historical and natural features Hooman Mehdizadehjafari (Hoo) is an award-winning visual artist and Pickering resident. Hoo harnesses art as a compelling medium to foster connection and spark meaningful conversation. His work, often characterized by biomimicry and abstraction, draws inspiration from the intricate beauty and complexity of the natural world. Artist statement: Heritage is the central point of the artwork. It embodies the cultural, historical and natural assets that are inherited from past generations and valued in the present with the intention of handing them over to future generations. Our heritage shapes our identity, helps us to understand our history, values our diversity, strengthens our cultural continuity, boosts our economic growth, and promotes environmental sustainability. The process of passing on heritage, history, and knowledge to the posterity ties us together like a woven web, illustrating a broader picture of us as a community. This concept has been captured in my artwork in a symbolic way: human-like and simplified figurine shapes that merge into each other in a vertical ever -growing form, resembling a CS 22-25 September 2, 2025 Page 4 tree-like structure that creates a visual dialogue with the forests embracing DCHC’s site. The figurines, in fact, represent the community members in many roles: families, friends, neighbours, coworkers, etc., all who help each other grow by sharing their knowledge and stories. Ultimately , this process fosters a deeper understanding and appreciation of our shared human experience, bridging the gap between past, present and future. The artwork will be fabricated from sandblasted stainless steel. The artwork will become part of the City’s permanent collection, with an expected lifespan of 30 years. 3.Permanent public art at the DCHC is planned in two locations The need to develop and implement a public art policy, program and funding formula (Action item 4.2.6.2) was identified in the Cultural Strategic Plan, that was approved in 2014. In 2023, staff developed a Public Art Plan 2023 – 2026 that was approved by Council on November 6, 2023 along with updates to the Public Art Policy (Resolution #328/23). The Public Art Plan identified two locations for permanent public art at the DCHC: one at the front entrance and one in the Art Garden that adjoins the Multipurpose Hall. Staff will be issuing a Call to Artists for the Art Garden location in Q3, 2025. 4.Next steps: installation and unveiling Subject to Council’s endorsement, the artist will begin fabrication with an estimated installation date of March 2026. Attachments: 1.Letter of Understanding 2.Call to Artists – PHCC Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Krystal Roberts Laura Gibbs, MBA, MSc. Manager, Cultural Services Director, Community Services Original Signed By Cristopher Farrell Supervisor, Cultural Services CS 22-25 September 2, 2025 Page 5 LG :cf Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Letter of Understanding Public Artwork Agreement This agreement made the Day/Month/Year BETWEEN: Hooman Mehdizadehjafari (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 Dorsay Community & Heritage Centre (Front of Building) for the City of Pickering. This document defines the relationship and responsibilities between the City and the Artist. The final ar twork is to be unveiled in April 2026. 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 Dorsay Community & Heritage Centre (Front of Building) public art project is operated and administered by the City. As per Section 10.01 of the Public Art Policy (CUL 130), an Open Call w as selected as the Method of Acquisition. A two-stage process was selected in which Stage 1 pre-qualified a short list of three artists. The three selected artists were then invited to participate in Phase 2 in which they submitted a detailed project proposal. A Call to Artists was issued on December 13, 2024. The Call t o Artists was advertised through the City of Pickering website as well as Akimbo, and through social media. As per Section 09.01 of the Policy, a Public Art Jury will be formed on an as-needed basis. The Public Art Jury evaluates the artist proposals in accordance with the Selection Considerations in Section 11 of the Policy. In this case, a Public Art Jury was convened to judge the submissions based on criteria established in the Public Art Policy. Twenty -six artists responded to the Call to Artists with a conceptual design proposal. The Public Art Jury met on March 6, 2025, to confirm the results of the scoring and selected the top three artists to move to Phase 2 as per the information set forth in the Call to Artists. The Cultural Advisory Committee endorsed the top three artists as selected by the Public Art Jury at their meeting on March 18, 2025. The Phase 2 proposals were received in May 2025. The three concepts were showcased to the community for public viewing and comment during Artfest on May 24 and 25, and f eatured on Let’s Talk Pickering from May 29, 2025 to June 4, 2025. Each artist presented their concept to the Public Art Jury on June 5, 2025. The Public Art Jury reviewed the judging criteria, scored each proposal and ranked the top three finalists following the artist’s presentations. Following scoring and discussion, the Jury recommended that Hooman Mehdizadehjafari be awarded the commission of public art at the front of Dorsay Community & Heritage Centre. The recommendation was endorsed by the Cultural A dvisory Committee on June 17, 2025. The conceptual design proposal is set out in Schedule A of the Letter of Understanding. The Artist has been selected by the City to create, manufacture and install or deliver to the site, as required for the Attachment 1 to Report CS 22-25 Letter of Understanding Public Artwork Agreement different components, the Artwork titled Heritage Tree 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 in the at the front of the Dorsay Community & Heritage Centre 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 $125,000.00 CAD, inclusive of all applicable federal and provincial taxes including HST. b)Each stage of the payment shall be accompanied by a detailed summary of work completed by the Artist, 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: I.Phase 2: $41,666.66 including HST – after completion of Phase 2 which includes executing the Letter of Understanding, site visit, fabrication schedule and submission of an invoice from the Artist; II.Phase 3: $41,666.66 including HST – after completion of Phase 3 which includes the delivery of final drawings of all art work components and submission of an invoice from the Artist; and III.Phase 5: $41,666.66 including HST – after completion of Phase 5 which includes installation of the artwork at the Place of Installation and upon submission of an invoice from the Artist. The City agrees: a)to pay the Artist all funds due and as provided for herein. 5.Payments of Sub-Contractors The Artist agrees: a) to ensure that payments will be made to all suppliers and subcontractors that may be engaged by the Artist in regard to the design, fabrication, storage, delivery and installation of the Artwork. At the City’s request, the Artist shall provide evidence of such payment. 6. Performance The Artist agrees: a)to provide all work and materials necessary to create the Artwork and to fulfill all its obligations as set out in this Agreement; b)that the materials, methods and processes used to produce the Artwork shall be of first-class Letter of Understanding Public Artwork Agreement 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”; d) to utilize existing electrical power which has been roughed in up to the location of the artwork. 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 March 15, 2026 “the Delivery Date”) or such later date as may be agreed upon by the Artist and the City in writing. The installation will i nclude 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 which must be approved by the City ; e) to provide to the City photographs of the Artwork during and after installation in accordance with Schedule “C”. The City agrees: a) to ensure that should the Artist require direction in any regard to the design, fabrication or installation of the Artwork, the City shall provide such direction in a prompt and timely fashion. 8. Detailed Design The Artist agrees: a) To evaluate all material and data relevant to the Artwork as provided by the City and shall facilitate production of the final design, working with the Cultural Services Unit and other City departments and design team members, as needed and, in order to finalize the detailed design and the exact location of the Artwork within the Installation Site, to the satisfaction of the City. 9. Specifications The Artist agrees: a) to provide detailed drawings and specifications to the satisfaction of the City and shall advise the City, in writing, through the Curator, Public Art, of all f actors 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 Curator, 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: Letter of Understanding Public Artwork Agreement 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 Curator, Public Art and permit such inspections of the installation as the City may require. If any costs result from the Artist failing to coordinate the Artist's work with that of [City divisions and contractors], all such costs shall be borne by the Artist. d) upon installation of the Artwork, to clean the Artwork to ensure that all dirt, imperfections and extraneous materials are removed from the Artwork; 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 i dentify the name of the Artist, the name of the Artwork and the year of the Artwork. b) to provide, at its expense, the footing section of the Artwork based on the specification provided by the Artist in accordance with Schedule “A”. 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. Letter of Understanding Public Artwork Agreement 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 oc cur. b) in the event that the Artwork shall require repairs subsequent to the date of completion arising from normal weathering and “wear and tear”; then in such event the City shall advise the Artist in writing as to the nature of such repair and offer the Artist first right of refusal to carry out such repair within times and consideration as mutually agreed upon by the City and the Artist. Should the Artist fail to advise the City within thirty (30) days of receipt by the Artist of the written offer, or should the Artist and the City fail to agree on times and consideration, then in any such event the City, or a third party hired by the City, shall be at liberty to carry out any and all repairs. In determining the time and consideration for such repairs, both parties agree to act reasonably. 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 w eathering 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 for the duration of the Artists work. 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 work and operations performed by or on behalf of the Artist, a certificate of insurance shall be completed by the Artists agent, broker or insurer. Letter of Understanding Public Artwork Agreement ii. The policy shall include The Corporation of the City of Pickering, as additional named insured without subrogation in respect of all work and operations performed by or on behalf of the Artist, a certificate of insurance shall be completed by the Artists agent, broker or insurer. iii. The policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30) days prior written notice to the City. iv. 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 Artist, which may be recovered from amounts owed to the Artist 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 l ife 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: Letter of Understanding Public Artwork Agreement a) that all of the Company’s personnel must be covered by the Workplace Safety & Insurance Board at the Company’s expense. The Company shall provide the City with a Clearance Certificate from the Workplace Safety & Insurance Board prior to the commencement of work, certifying that all assessments and liabilities payable to the Board have been paid, and that the bidder is in good standing with the Board. b) to provide the City with a Clearance Certificate prior to final pay ment 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 the Artist’s contractors, subcontractors, or employees incurred in connection with such termination: c) all r ights 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 ion combination and shall not be deemed to be in exclusion of any other Letter of Understanding Public Artwork Agreement 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 v est in the City upon final pay ment for same. 22. Copyright The Artist and the City agree that: a) copyright in the Artwork shall remain with the Artist. The Artist agrees: a) to hereby grant the sole, perpetual and royalty free license to exhibit the Artwork in public and to use photographs, drawings, film, video, and other mechanical reproductions of the Artwork throughout the world to the City for publicity purposes only. b) to authorize the City to use the Artist’s name in connection with the Artwork and in the promotion and advertising of the City. c) not to replicate the Artwork for any other client or purchaser. d) to use best efforts to give credit to the City as the owner of the Artwork. The City agrees: a) to use its best efforts to have the Artist’s name associated with the Artwork in photographs, drawings or other reproductions of the Artwork except where the Artwork is not the primary subject of the said reproduction. 23. Death or Incapacity of Artist The Artist and the City agree that: a) in the event of a death or incapacity of the Artist before the complete installation of the Artwork, the City shall be vested with title to the unfinished Artwork upon paying the Artist, their personal representatives, administrators, executors or executrix a sum in the direct proportion of the percent of the Artwork completed to that date as determined by the City and shall be permitted to complete the Artwork in a manner generally consistent w ith 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 Ontar io. In the event that the mediation does not result in a Letter of Understanding Public Artwork Agreement 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 Laura Gibbs. To the Artist at: Hooman Mehdizadehjafari hooman.mehdizadeh.jafari@gmail.com 1943 Spruce Hill Road Pickering Ontario. L1V 1S6 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. Hooman Mehdizadehjafari, Artist Date Kevin Ashe, Mayor Date City of Pickering Susan Cassel, City Clerk Date City of Pickering Letter of Understanding Public Artwork Agreement GENERAL Schedule A: The Artwork (Artist’s Concept proposal document attached) Schedule B: Place of Installation (Place of Installation document attached) Schedule C: Detailed Fabrication Schedule Schedule A - PHCC Public Art Proposal Package Schedule B - Location of Dorsay Community & Heritage Centre Public Art Piece Image of where the public art commission will be located. 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 – September, 2025 • Agreement signed by all parties • Proof of insurance and WSIB provided to the satisfaction of the City Phase 2 -To be completed by October 13, 2025 to the satisfaction the City (PAYMENT) • Preliminary Drawings of all components and connections • Preliminary fabrication schedule and pricing Phase 3 -To be completed by November 3, 2025 to the satisfaction of t he City (PAYMENT) • Final design and pricing This phase will include the following approvals by the client: • Design drawings, including all components and connections. • Completion of detail design. This phase will include the following approvals by the client: • Final sign-off of shop drawings for production • Shipping & installation plan completed, in cooperation with stakeholders and other relevant contractors, and to the satisfaction of the City. Phase 4 -To be completed by March 2, 2026 to the satisfaction of the City • Complete off -site fabrication of Artwork and all its components, to the satisfaction of the City. All permits and approvals acquired. Phase 5 – To be completed by March 23, 2026 to the satisfaction of t he City (PAYMENT) • 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 • Attendance at the unveiling event in April, 2026. • Final acceptance of Artwork to the satisfaction of the City 1 Call to Artists – Expression of Interest (EOI) Public Art Commission, Pickering Heritage & Community Centre – Front of Building Deadline: February 13, 2025, at 4 pm EDT. Digital rendering of the Pickering Heritage & Community Centre – Front of Building Artist Opportunity The City of Pickering invites artists or artist teams to respond to this Call for Artists to create permanent outdoor public artwork for the main entrance of the new Pickering Heritage & Community Centre (PHCC). As per the City of Pickering’s Public Art Policy (CUL 130) an artist is defined as 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. The total budget for the project, including artist fees, materials, and installation, and other associated costs, is $125,000.00 (including HST ). * *Funding pending approval of the 2025 Budget. The successful artist/ artist team will be selected through a two-stage process. One (1) artist/ artist team will be awarded the opportunity. Site Background 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. Attachment 2 to Report CS 22-25 2 The Pickering Heritage & Community Centre (PHCC) designed by Hariri Pontarini Architects explores the intersection of memory institutions - museum, library, gallery and archive - into an integrated, dynamic, facility which will serve as a community gathering place and gateway to the existing components. Located adjacent to a ravine, the building is positioned to be sensitive to the natural ecology of the site while opening up views in all directions to the surrounding landscape. The sustainably sourced materials selected for the building are inspired by existing heritage buildings located in the Village: naturally -aged, weathered, wood and dry -stacked field stone. User engagement has been critical to the design process and a successful project will be an attraction for the local community and visitors alike. Construction began in Spring, 2024 and the building is to be completed in 2026. The facility will be located on the Pickering Museum Village site. #1 on the map marks where the Pickering Heritage & Community Centre will be located. About PHCC The City of Pickering is making an investment in arts, heritage, and culture with the Pickering Heritage & Community Centre. This innovative project will bring the Museum, Library, and Community Centre into one dynamic facility. 3 Construction of this 44,000 square-foot facility has commenced, and is being undertaken by J.R. Certus Construction Co. Ltd. What amenities will the new facility have? • Exhibit gallery • Program room • Multi-purpose hall (with a stage) • Kitchen suitable for public programs • Library Express Kiosk and Local History Experience Centre • Collections storage • Gift shop • Outdoor program spaces This project is guided by the City’s Cultural Strategic Plan, which sets a vision for the place of arts, culture, and heritage in the City and identifies strategic directions for policy, investment, partnerships, and programs. The Pickering Heritage & Community Centre has a strong vision and seven guiding principles in place (Belonging & Wellbeing, Learning & Storytelling, Innovation, Adaption & Responsiveness, Discovery & Play, Sustainability, and Decolonization). View the entire PHCC Vision & Guiding Principles document here. Project Brief The City of Pickering’s Cultural Strategic Plan (2014) outlines the City’s commitment to collaborate with the community to celebrate our cultural diversity, heritage, and the arts; to sustain our natural environment; to foster a creative economy; and to strengthen our vibrant neighborhoods. The artwork will be in front of the building “Formal” entry way. The location for the art makes it unique as it will be visible for people driving by Highway 7. Image of where the public art commission will be located. 4 The top three (3) artists/teams will be required to attend an in-person presentation in front of the community . The City, will facilitate consultation between the artists/team s and the community as well as other project stakeholders. Detailed Terms of Reference will be provided to the shortlisted artist/ artists teams to help them prepare their concept. Budget $125,000.00 CAD including HST (maximum)*. This is the total amount available for all related expenses of this public art project including, but not limited to: up to 2 rounds of revisions, artist fees, all applicable taxes, detailed renderings, materials, technical consultations, community consultation, foundation, and approvals or other expertise as required (engineering review), fabrication, installation, insurance, equipment, travel to meetings and to the site, and an artist statement for completed work. * Funding pending approval of the 2025 Budget. The selected artist will enter into a written agreement with the City of Pickering following the approval of the acquisition of the public art outlined in the City’s Public Art Policy. This agreement will address the artist's obligations, which include, but are not limited to: • Materials • Timelines • Installation • Maintenance and/or conservation plans • Warranty • Copyright, Intellectual Property and Moral Rights • Payments to sub-contractors Selection Process Stage 1: Call to Artists – Expression of Interest (EOI) A public art jury comprised of practicing arts professionals, project stakeholders and community members will be established for the evaluation of the Stage 1 submissions. 5 Expression of Interest (EOI) Submissions: Artists/ Artist teams are invited to respond to this EOI by submitting a single pdf document including: • CV: Professional resume (3-pages max). If submitting as a team, an individual resume should be submitted for each team member. • Artist statement: describe your interest in this project and share your experience in the field. You can submit a written document (1-page max) or record an audio or video message (MP3 or MP4 file, max 20 MB). • Portfolio of past work: Examples of relevant work. You may include multiple images per project on 1 page of a maximum to 10 projects (10- pages). Add title, year, scope, budget and a short description. • References: A list of at least two professional references familiar with your work and working methods. The list must include name, title, complete e- mail addresses and telephone numbers. Submissions must be uploaded through the link here. Deadline: February 13, 2025, at 4 pm EDT. If the submissions exceed 20 MB, artists should contact Stoyan Barakov, Curator, Public Art who will provide a link to an external file share program. Incomplete submissions or submissions received after the deadline will not be juried. Stage 2: Request for Proposal (RFP) The Public Art Jury will review all submissions and identify a short-list based on artistic excellence and demonstrated or perceived ability to create and execute an innovative, engaging public artwork that is complementary to the overall design scheme and community context. The Jury will select a short-list of three (3) artists/artist teams for Stage 2 – Request for Proposal (RFP). Each of the three (3) artists/artist teams will be compensated $1,500 CAD including HST for their time and the creation of concept for Stage 2. The short-listed artists will be notified by Week of March 17, 2025 and invited to present their concept to the community and the public art jury during “Artf est” held on May 23 & 24, 2025*. This concept presentation and community consultation will be based on the Terms of Reference provided prior . As part of the process, short- listed artists must attend the in-person presentation (online presentations may be 6 accommodated). When evaluating specific artwork proposals, the Public Art Jury will consider the vision, mandate and objectives of the Public Art Program and the objectives listed in the Public Art Opportunity outlined on Page 1 of this Call to Artists. The Public Art Jury (as per section 07.02 of the City of Pickering Public Art Policy (CUL 130) will also consider the artists: • Artistic excellence of previous work; • Ability to achieve the highest quality of contemporary artistic excellence and innovation; • Professional qualifications and relevant working experience as related to the public art project brief; • Ability to manage a project and experience working with a design team, project team and/or community group, as appropriate; • Potential to comprehend, access and interpret relevant technical requirements; and, • Interest in and understanding of the public art opportunity and the context. The proposals may be used by the City of Pickering in meetings with community groups, stakeholders and staff. *Pending approval of the 2025 Budget. 7 Anticipated Schedule It is expected that the commissioned artist(s) will comply with the project’s general timeline dates, as stated below: Date* Project Phase December 13, 2024 Issue Call to Artists: EOI February 13, 2025 Call to Artists: EOI Submissions due Week of March 17, 2025 Shortlisted Artists notified Issue Terms of Reference May 12, 2025 Conceptual Proposals due May 23 & 24, 2025 Community Presentation during “Artf est” June 23, 2025 Final Conceptual Proposals due September 2025 Selected Artist notified* Contract Execution *Funding pending approval of the 2025 Budget. September Technical Review with project staff. This meeting will provide the selected Artist with further technical specifications and feedback on the submitted conceptual artwork from lead project staff from the City October 2025 to April 2026 Artwork Fabrication May 2026 Anticipated installation date *Schedule is subject to change 8 Accessibility The City will provide accommodations throughout the selection process to applicants with disabilities. Please notify Stoyan Barakov, Curator, Public Art at 289.200.7829 or sbarakov@pickering.ca of the nature of any accommodation(s) that you may require in respect of any materials or processes used to ensure your equal participation. Reserved Rights of the City of Pickering The City of Pickering, at its sole discretion, may request clarification or request additional information, as deemed necessary to evaluate the submissions. The City retains the sole discretion to determine whether a submission is responsive and if the prospective Artist or Artist Team is capable of performing the Work. The City reserves the right, at it sole discretion, to determine the number of pre- qualified Artists or Artist Teams. The City reserve the right to not proceed with awarding a contract. Publication of Information The City of Pickering shall have the exclusive rights to issue all public announcements regarding the competition. Additional Information For any additional information or questions please contact: Stoyan Barakov, Curator, Public Art at 289.200.7829 or sbarakov@pickering.ca.