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HomeMy WebLinkAboutPLN 24-14 Cali 00 A • Report to Council PICKERING Report Number: PLN 24-14 Date: December 15, 2014 • From: Thomas Melymuk • Director, City Development Subject: South Pickering Intensification Study (Part of the Pickering Official Plan Review) Places to Grow Implementation Fund Transfer Payment Agreement File: D-2000-016 Recommendation: 1. That Report PLN 24-14 of the Director, City Development, regarding the South Pickering Intensification Study be received; 2. That Council authorize staff to undertake Phase 1 of a Study of the land use planning policies respecting the intensification opportunities for lands in South Pickering outside the City Centre, generally as set out on Appendix Ito Report PLN 24-14; 3. That the draft by-law provided as Appendix II to Report PLN 24-14, authorizing the execution of the Places to Grow Implementation Fund Transfer Payment Agreement to off-set the costs of Phase 1 of the Study—Community Engagement, be forwarded to Council for enactment; 4. That the Mayor and City Clerk be authorized to execute the Places to Grow Implementation Fund Transfer Payment Agreement provided as Schedule "A" to Appendix II to Report PLN 24-14; 5. That Council authorize the appropriate City officials to undertake the necessary actions required to implement the above recommendations; and 6. Further, that a copy of Report PLN 24-14 be forwarded to the Region of Durham, the Ministry of Municipal Affairs and Housing, and the Ontario Growth Secretariat. Executive Summary: As part of the City's Official Plan Review, staff is undertaking a conformity exercise with respect to the Provincial Growth Plan. The first part of this exercise is principally complete, with the approval by Council of the City Centre Official Plan Amendment 26. The next step of the conformity exercise is to review the growth and development opportunities in South Pickering outside of the City Centre. Accordingly, staff have developed a three-phase "South Pickering Intensification Study" for Council's consideration (see Study Outline, Appendix I). Phase 1 of the Study will be an innovative engagement program to obtain community input on growth and intensification outside of the City Centre. Phase 2 will result in the preparation of a built form vision for intensification outside of the City Centre, and.Phase 3 will involve the drafting of new official plan policies, neighbourhood design guidelines and implementing zoning by-laws. 128 Report PLN 24-14 December 15, 2014 Subject: South Pickering Intensification Study Page 2 Council approval is being sought to commence Phase 1 of the Study and execute an agreement to secure funding assistance for Phase 1 under the provincial Places to Grow Implementation Fund (see By-law and Agreement, Appendix II). Financial Implications: Consulting assistance will be needed to support staff in completing the South Pickering Intensification Study. The Phase 1 community engagement exercise is anticipated to cost between $20,000 and $30,000. The cost will be offset by a $20,000 grant the City will receive under from the provincial Places to Grow Implementation Fund. Additional funding, if needed for Phase 1, would come from the City Development Department's 2015 consulting budget. Phases 2 and 3 of the Study will be budgeted for and considered through the Department's 2015 budget submission. It is anticipated that this two-year project will require up to $300,000 in consulting assistance (primarily for Phase 2) of which 73% would be Development Charge funded. 1. Background A review of the Pickering Official Plan is being undertaken through a series of studies and amendments addressing specific topics and geographic areas. One of the topics to be addressed through the Official Plan Review is to bring the City's Plan into conformity with the Provincial Growth Plan - Places to Grow. With City Council's adoption of the City Centre Official Plan Amendment 26 in July 2014, the initial part of the Growth Plan conformity exercise is principally complete. The next step in the City's conformity exercise is to look beyond the City Centre and investigate strategic directions for future growth and development in the remaining neighbourhoods in South Pickering. 2. Discussion 2.1 Council is requested to authorize staff to undertake a study to review future growth and establish a built form vision for the areas outside of the City Centre This report recommends that Council authorize staff to undertake the next part of the City's Growth Plan conformity exercise for South Pickering. The study will - focus on establishing a vision for built form for South Pickering outside of the City Centre and developing an Official Plan Amendment to address future growth. A collaborative public engagement process is a key element of the design of the study, which is to be conducted in the three phases (see Study Outline, Appendix I): • Phase 1 will be a conversation with the community about where, and to what extent, growth should occur beyond the City Centre, and about the intensity, form and design of that growth 129 Report PLN 24-14 December 15, 2014 • Subject: South Pickering Intensification Study Page 3 • Phase 2 will include consultants being retained by the City to assist in developing a vision and strategic directions for growth and intensification outside of the City Centre, and • Phase 3 will see the preparation of an Official Plan amendment, neighbourhood development guidelines and zoning by-law amendments to implement the Phase 2 vision and strategic.directions • 2.2 The City has received funding from the Province to initiate a broad community engagement program The Places to Grow Implementation Fund program, an initiative of the Ministry of Municipal Affairs, is intended to fund projects that promote and help achieve the policies or goals of the Province's Growth Plan. At its July 2013 meeting, Council authorized an application to the provincial funding program to assist staff in initiating a broad community engagement program to consider growth along the City's corridors and nodes beyond the City Centre. Staff subsequently submitted an application to the Province under its Places to Grow Implementation Fund. The City's proposal to undertake an engagement process with the community about the direction of growth beyond the City Centre has recently been awarded $20,000 from the 2014/2015 funding program. A requirement of the funding is that the funded work must be completed by the provincial fiscal year end of March 31, 2015. This report recommends that Council authorize staff to commence Phase 1, enact a by-law authorizing the execution of the Places to Grow Implementation Fund Transfer Payment Agreement, and authorize the Mayor and City Clerk to enter into the Places to Grow Implementation Fund Transfer Payment Agreement (see Agreement provided as Schedule "A" to By-law, Appendix II). 2.3 A collaborative community engagement program will form Phase 1 of the South Pickering Intensification Study In early 2015, the provincial funding will be used to offset the cost of developing and delivering community roundtable discussions, an online engagement platform, and a social media presence around the conversation with the community about growth and built form in South Pickering. Consultant(s) will assist staff in developing and delivering various engagement activities. The objective of the collaborative engagement is to facilitate the community's involvement early in the study process and to engage the community throughout all three phases of the Study. At the end of Phase 1, staff will report to Council on what was heard at the community roundtable discussions and through the online platform. Reporting to the community will be through meetings with the roundtable discussion participants and through information posted on the online platform. 130 Report PLN 24-14 December 15, 2014 • Subject: South Pickering Intensification Study Page 4 3. Conclusion It is recommended that Council receive this report and authorize staff to initiate the South Pickering Intensification Study. Staff will continue to keep Council apprised of the progress of the Study. It is also recommended that Council enact a by-law authorizing the execution of the Places to Grow Implementation Fund Transfer Payment Agreement, and authorize the Mayor and City Clerk to enter into the Places to Grow Implementation Fund Transfer Payment Agreement (see Appendix II). Appendices: Appendix I South Pickering Intensification Study, Study Outline Appendix II Draft By-law authorizing the execution of the Places to Grow Implementation Fund Transfer Payment Agreement • Prepared By: Approved/Endorsed By: 41. Deborah ylie, (CIP, RPP Catherine Rose, CP, RPP Principal Planne — Policy Chief Planner Jeff Brooks, MCIP, RPP Thomas Mely uk, CIP, R' Manager, Policy & Geometrics Director, City Dew lopment DW:Id Recommended for the consideration of Pickering City Council • B, 20/4- Tony Prevedel, P.Eng. Chief Administrative Officer 131 Appendix Ito • Report Number PLN 24-14 South Pickering Intensification Study, Study Outline • • i 132 South Pickering Intensification Study • Study Outline Phase.1 - Community Engagement • engage stakeholders through community roundtable discussions to hear their stories and to learn what they value about their neighbourhoods and the City • develop innovative public engagement tools (e.g. online platforms and social media) which will complement the roundtable discussions and reach a broader audience • • gauge the comments received from stakeholders, towards forming a Community Vision • identify engagement approaches for future phases of the study • analyze and report the community engagement findings to Committee and Council Phase 2 — Develop a Community Vision & Strategic Directions • develop a vision for the future growth of South Pickering outside.of the City Centre to 2031, having regard for the prescribed objectives of the Provincial Growth Plan and the City's objectives for sustainable placemaking • confirm the population and household projections for each neighbourhood in five year increments to 2031 • develop employment projections for each neighbourhood in five year increments to 2031 • review the growth potential within intensification corridors, nodes, and established neighbourhoods • develop conceptual strategies illustrating how built form typologies, building massing alternatives, and land use patterns would relate to corridors, nodes, and established neighbourhoods • develop a conceptual open space system with an emphasis on innovative and sustainable techniques • assess potential growth related impacts e.g. local infrastructure (parks, school sites, transportation, stormwater management, etc.), and the environment (natural heritage system refinement and buffer requirements) • identify and assist in developing a policy framework to enable community improvement areas • identify potential locations for the use of innovative green technologies such as but not limited to district energy, stormwater management, renewable energy, and low impact development •. develop strategic directions for the development of Official Plan policy to support the recommended vision based on results of the community engagement, an assessment of growth and potential impacts, and best practises • undertake community engagement throughout Phase 2 • report to Committee and Council Phase 3 — Implementation • develop an amendment to the Official Plan, neighbourhood design guidelines and zoning by-law amendments to implement the visions and strategic directions • undertake community engagement throughout Phase3 • report to Committee and Council 133 Appendix II to Report Number PLN 24-14 ICI Draft By-law authorizing the execution of the Places to Grow Implementation Fund Transfer Payment Agreement 134 The Corporation of the City of Pickering ;`'a© _I - a /14 3 Being a by-law to authorize the execution of the Places to Grow Implementation Fund Transfer Payment Agreement Whereas in order to facilitate the transfer of funds from the Government of Ontario to • the City of Pickering it is necessary to execute the Places to Grow Implementation Fund Transfer Payment Agreement; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. The Mayor and City Clerk are hereby authorized to execute the Places to Grow Implementation Fund Transfer Payment Agreement with the Government of Ontario, as represented by the Ontario Ministry of Infrastructure, in the form attached as Schedule "A" to this By-law. 2. This By-law shall come into force on the date of its enactment. By-law passed this day of , 2014. • FaCi rfrea' David Ryan, Mayor J ttY Debbie Shields, City Clerk 135 Schedule "A" to By-law XXXX/14 Places to Grow Implementation Fund Transfer Payment Agreement 136 THE AGREEMENT effective as of the day of , 20 BETWEEN : HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Municipal Affairs and DO; Housing (the "Province") -and - The Corporation of the City of Pickering (the "Recipient") BACKGROUND: The Recipient is preparing engagement tools (including community roundtable discussions, online engagement platform, social media content, and communications strategy) that will be used to seek community input that will inform the City of Pickering's work on intensification beyond its downtown. This input will inform a future planning study and intensification vision by the municipality. - The Province funds projects similar to the Project. The Recipient has applied to the Province for funds to assist the Recipient to. carry out the Project and the Province wishes to provide such funds. • CONSIDERATION: • In consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Parties agree as follows: ARTICLE 1 INTERPRETATION AND DEFINITIONS 1.1 Interpretation. For the purposes of interpretation: • (a) words in the singular include the plural and vice-versa; (b) words in one gender include all genders; 137 -2- (c) the background and the headings do not form part of the Agreement; they are for reference only and shall not affect the interpretation of the Agreement; At 1" (d) any reference to dollars or currency shall be to Canadian dollars and currency; and (e) "include", "includes" and "including" denote that the subsequent list is not exhaustive. 1.2 Definitions. In the Agreement, the following terms shall have the following meanings: "Agreement" means this agreement entered into between the Province and the Recipient and includes all of the schedules listed in section 31.1 and any amending agreement entered into pursuant to section 34.2. "Budget" means the budget attached to the Agreement as Schedule "B". "Business Day" means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year's Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day on which the Province has elected to be closed for business. "Effective Date" means the date set out at the top of the Agreement. "Event of Default" has the meaning ascribed to it in section 14.1. "Funding Year" means: (a) in the case of the first Funding Year, the period commencing on the Effective Date and ending on the following March 31; and (b) in the case of Funding Years subsequent to the first Funding Year, the period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31. "Funds" means the money the Province provides to the Recipient pursuant to the Agreement. "Indemnified Parties" means Her Majesty the Queen in right of Ontario, Her ministers, agents, appointees and employees. "Maximum Funds" means $20,000. 138 -3- ` otice" means any communication given or required to be given DRAFursuant to the Agreement. Notice Period" means the period of time within which the Recipient is required to remedy an Event of Default, and includes any such period or periods of time by which the Province considers it reasonable to extend that time. "Parties" means the Province and the Recipient. "Party" means either the Province or the Recipient. "Project" means the undertaking described in Schedule "A". "Reports" means the reports described in Schedule "D". "Timelines" means the Project schedule set out in Schedule "A". ARTICLE 2 REPRESENTATIONS, WARRANTIES AND COVENANTS. 2.1 General. The Recipient represents, warrants and covenants that: (a) it is, and shall continue to be for the term of the Agreement, a validly existing legal entity with full power to fulfill its obligations under the Agreement; (b) it has, and shall continue to have for the term of the Agreement, the experience and expertise necessary to carry out the Project; (c) it's representative has full authority to bind it; (d) it is in compliance with all federal and provincial laws and regulations, all municipal by-laws, and any other orders, rules and by-laws related to any aspect of the Project, the Funds or both; (e) unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for funds (including information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and shall continue to be true and complete for the term of the Agreement. 139 • -4- 2.3 Governance. The Recipient represents, warrants and covenants that it has, and shall maintain, in writing for the period during which the greement is in effect: Al5AF (a) procedures to enable the Recipient to manage the Funds prudently and effectively; (b) procedures to enable the Recipient to complete the Project successfully; (c) procedures to enable the Recipient, in a timely manner, to identify risks to the completion of the Project, and strategies to address the identified risks; (d) procedures to enable the preparation and delivery of all Reports required pursuant to Article 7; and (e ) procedures to enable the Recipient to deal with such other matters as the Recipient considers necessary to ensure that the Recipient carries out its obligations under the Agreement. 2.2 Supporting Documentation. Upon request, the Recipient shall provide the Province with proof of the matters referred to in this Article 2. ARTICLE 3 TERM OF THE AGREEMENT 3.1 Term. The term of the Agreement shall commence on the Effective Date and shall expire on March 31, 2015 unless terminated earlier pursuant to Article 12, Article 13 or Article 14. ARTICLE 4 FUNDS AND CARRYING OUT THE PROJECT 4.1 Funds Provided. The Province shall: (a) provide the Recipient up to the Maximum Funds for the purpose of carrying out the Project; (b) provide the Funds to the Recipient in accordance with the payment plan attached to the Agreement as Schedule "C"; and (c) deposit the Funds into an account designated by the Recipient provided that the account: (i) resides at a Canadian financial institution; and 140 • -5- (ii) is in the name of the Recipient 4.2 Limitation on Payment of Funds. Despite section 4.1: (a) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides the insurance certificate or other proof as the Province may request pursuant to section 11.2; (b) the Province is not obligated to provide instalments of Funds until it is satisfied with the progress of the Project; (c) the Province may adjust the amount of Funds it provides to the Recipient in any Funding Year based upon the Province's assessment of the information provided by the Recipient pursuant to section 7.1; (d) if, pursuant to the Financial Administration Act(Ontario), the Province does not receive the necessary appropriation from the Ontario Legislature for payment under the Agreement, the Province is not obligated to make any such payment, and, as a consequence, the Province may: (i) reduce the amount of the Funds and, in consultation with the Recipient, change the Project; or (ii) terminate the Agreement pursuant to section 13.1; and • (iii) the Province is not obligated to provide Funds to the Recipient until the Recipient provides to the Province a copy of the by-law authorizing the Agreement and naming municipal signing officers. 4.3 Use of Funds and Project. The Recipient shall: (a) carry out the Project: (i) in accordance with the terms and conditions of the Agreement; and (ii) in accordance with all federal and provincial laws and regulations, all municipal by-laws, and any other orders, rules and by-laws related to any aspect of the Project. (b) use the Funds only for the purpose of carrying out the Project; and 141 c) spend the Funds only in accordance with the Budget. 4.4 No Changes. The Recipient shall not make any changes to the Project, the Timelines, or the Budget without the prior written consent of the Province. 4.5 Interest Bearing Account. If the Province provides Funds to the Recipient prior to the Recipient's immediate need for the Funds, the Recipient shall place the Funds in a separate interest bearing account in the name of the Recipient at a Canadian financial institution. . 4.6 Interest. If the Recipient earns any interest on the Funds, the Province may: (a) deduct an amount equal to the interest from any further instalments of Funds; or (b) demand from the Recipient the repayment of an amount equal to the interest. 4.7 Maximum Funds. The Recipient acknowledges that the Funds available to it pursuant to the Agreement shall not exceed the Maximum Funds. 4.8 Rebates, Credits and Refunds. The Recipient acknowledges that the amount of Funds available to it pursuant to the Agreement is based on the actual costs to the Recipient, less any costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit or refund. ARTICLE 5 ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF ASSETS 5.1 Acquisition. If the Recipient acquires goods, services, or both with the Funds, it shall do so through a process that promotes the best value for money. ARTICLE 6 CONFLICT OF INTEREST 6.1 No Conflict of Interest. The Recipient shall carry out the Project and use the Funds without an actual, potential or perceived conflict of interest. 6.2 Conflict of Interest Includes. For the purposes of this Article, a conflict of interest includes any circumstances where: 142 -7- s(a) the Recipient; or (b) any person who has the capacity to influence the Recipient's decisions, has outside commitments, relationships or financial interests that could, or could be seen to, interfere with the Recipient's objective, unbiased and impartial judgment relating to the Project, the use of the Funds, or both. 6.3 Disclosure to Province. The Recipient shall: (a) disclose to the Province, without delay, any situation that a reasonable person would interpret as an actual, potential or perceived conflict of interest; and (b) comply with any terms and conditions that the Province may prescribe as a result of the disclosure. ARTICLE 7 REPORTING, ACCOUNTING AND REVIEW 7.1 Preparation and Submission. The Recipient shall: (a) submit to the Province at the address provided in section 18.1, all Reports in accordance with the timelines and content requirements set out in Schedule "D", or in a form as specified by the Province • from time to time; (b) submit to the Province at the address provided in section 18.1, any other reports as may be requested by the Province in accordance with the timelines and content requirements specified by the Province; (c) ensure that all Reports and other reports are completed to the satisfaction of the Province; and (d) ensure that all Reports and other reports are signed on behalf of the Recipient by an authorized signing officer. 7.2 Record Maintenance. The Recipient shall keep and maintain: • (a) all financial records (including invoices) relating to the Funds or otherwise to the Project in a manner consistent with generally accepted accounting principles; and (b) all non-financial documents and records relating to the Funds or otherwise to the Project. 143 -8- . A spection. The Province, its authorized representatives or an 0.4: Frndependent auditor identified by the Province may, at its own expense, upon twenty-four hours' Notice to the Recipient and during normal business hours, enter upon the Recipient's premises to review the progress of the Project and the Recipient's allocation and expenditure of the Funds and, for these purposes, the Province, its authorized representatives or.an independent auditor identified by the Province may take one or more of the following actions: (a) inspect and copy the records and documents referred to in section 7.2; (b) remove any copies made pursuant to section 7.3(a) from the Recipient's premises; and (c) conduct an audit or investigation of the Recipient in respect of the expenditure of the Funds, the Project, or both. 7.4 • Disclosure. To assist in respect of the rights set out in section 7.3, th-e Recipient shall disclose any information requested by the Province, its authorized representatives or an independent auditor identified by the Province, and shall do so in the form requested by the Province, its authorized representatives or an independent auditor identified by the Province, as the case may be. 7.5 No Control of Records. No provision of the Agreement shall be construed so as to give the Province any control whatsoever over the Recipient's records. 7.6 Auditor General. For greater certainty, the Province's rights under this Article are in addition to any rights provided to the Auditor General pursuant to section 9.1 of the Auditor General Act(Ontario). ARTICLE 8 COMMUNICATIONS REQUIREMENTS 8.1 Acknowledge Support. Unless otherwise directed by the Province, the Recipient shall acknowledge the support of the Province in a form and manner as directed by the Province. 8.2 Publication. The Recipient shall indicate, in any of its publications, of any kind, including written, oral, or visual, relating to the Project, that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province. 144 no/ -9- t � ,, ARTICLE 9 FREEDOM OF.INFORMATION AND PROTECTION OF PRIVACY • 9.1 FIPPA. The Recipient acknowledges that the Province is bound by the Freedom of Information and Protection of Privacy Act(Ontario) and that any information provided to the Province in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. 9.2 MFIPPA. The Province acknowledges that the Recipient is bound by the Municipal Freedom of Information and Protection of Privacy Act(Ontario) and that any information provided to the Recipient in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. • ARTICLE 10 INDEMNITY 10.1 Indemnification. The Recipient hereby agrees to indemnify and hold • harmless the Indemnified Parties from and against any and all liability, loss, costs, damages and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings, by whomever made, sustained, incurred, brought or prosecuted, in any way arising out of or in connection with the Project or otherwise in connection with the Agreement, unless solely caused by the negligence or wilful misconduct of the Province. ARTICLE 11 INSURANCE 11.1 Recipient's Insurance. The Recipient represents and warrants that it has, and shall maintain for the term of the Agreement, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury and property damage, to an inclusive limit of not less than two million dollars ($2,000,000) per occurrence. The policy shall include the following: (a) the Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient's obligations under, or otherwise in connection with, the Agreement; (b) a cross-liability clause; (c) contractual liability coverage; and 145 DAFT -10- (d) a 30 day written notice of cancellation, termination or material change. 11.2 Proof of Insurance. The Recipient shall provide the Province with certificates of insurance, or other proof as may be requested by the Province, that confirms the insurance coverage as provided for in section 11.1. Upon the request of the Province, the Recipient shall make available to the Province a copy of each insurance policy. ARTICLE 12 TERMINATION ON NOTICE 12.1 Termination on Notice. The Province may terminate the Agreement at any time upon giving at least 30 days Notice to the Recipient. 12.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section 12.1, the Province may take one or more of the following actions: (a) cancel all further instalments of Funds; (b) demand the repayment of any Funds remaining in the possession or under the control of the Recipient; and (c) determine the reasonable costs for the Recipient to wind down the Project, and do either or both of the following: (i) permit the Recipient to offset the costs determined pursuant to section 12.2(c), against the amount owing pursuant to section 12.2(b); and (ii) subject to section 4.7, provide Funds-to the Recipient to cover the costs determined pursuant to section 12.2(c). • ARTICLE 13 TERMINATION WHERE NO APPROPRIATION 13.1 Termination Where No Appropriation. If, as provided for in section 4.2(d), the Province does not receive the necessary appropriation from the Ontario Legislature for any payment the Province is to make pursuant to the Agreement, the Province may terminate the Agreement immediately by giving Notice to the Recipient. • 13.2 Consequences of Termination Where No Appropriation. If the Province terminates the Agreement pursuant to section 13.1, the Province may take one or more of the following actions: 146 t a 71,14 - a (a) cancel all further instalments of Funds; (b) demand the repayment of any Funds remaining in the possession or under the control of the Recipient; and (c) determine the reasonable costs for the Recipient to wind down the Project and permit the Recipient to offset such costs against the • amount owing pursuant to section 13.2(b). 13.3 No Additional Funds. For purposes of clarity, if the costs determined pursuant to section 13.2(c) exceed the Funds remaining in the possession or under the control of the Recipient, the Province shall not provide additional Funds to the Recipient. ARTICLE 14 EVENT OF DEFAULT, CORRECTIVE ACTION AND TERMINATION FOR DEFAULT 14.1 Events of Default. It shall be an Event of Default ifin the opinion of the Province, the Recipient breaches any representation, warranty, covenant or other material term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of the Agreement: (i) carry out the Project; (ii) use or spend Funds; and/or (iii) provide, in accordance with section 7.1, Reports or such other reports as may have been requested pursuant to section 7.1(b). 14.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a) initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project; (b) provide the Recipient with an opportunity to remedy the Event of Default; . (c) suspend the payment of Funds for such period as the Province determines appropriate; (d) reduce the amount of the Funds; 147 . IRA 12- (e) cancel all further instalments of Funds; (f) demand the repayment of any Funds remaining in the possession or under the control of the Recipient; (g) demand the repayment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; (h) demand the repayment of an amount equal to any Funds the Province provided to the Recipient; and (i) terminate the Agreement at any time, including immediately, upon giving Notice to the Recipient. 14.3 Opportunity to Remedy. If, in accordance with section 14.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province shall provide Notice to the Recipient of: (a) the particulars of the Event of Default; and (b) the Notice Period. 14.4 Recipient not Remedying. If the Province has provided the Recipient with an opportunity to remedy the Event of Default pursuant to section 14.2(b), and: (a) the Recipient does not remedy the Event of Default within the Notice Period; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c) - the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections 14.2(a), (c), (d), (e), (f), (g), (h) and (i). 14.5 When Termination Effective. Termination under this Article shall take effect as set out in the Notice. ARTICLE 15 FUNDS AT THE END OF A FUNDING YEAR 15.1 Funds at the End of a Funding Year.Without limiting any rights of the Province under Article 14, if the Recipient has not spent all of the Funds 148 0 te,-, f -13- allocate d for the Funding Year as provided for in the Budget, the Province may take one or both of the following actions: 1 • (a) demand the return of the unspent Funds; and (b) adjust the amount of, any further instalments of Funds accordingly. ;ARTICLE 16 • FUNDS UPON EXPIRY 16.1 Funds Upon Expiry. The!Recipient shall, upon expiry of the Agreement, return to the Province any Funds remaining in its possession or under its control. 1 ARTICLE 17 'REPAYMENT 17.1 Repayment of Overpayment. If at any time during the term of the Agreement the Province provides Funds in excess of the funds to which the Recipient is entitled under the Agreement, the Province may: (a) deduct an amount(qual to the excess Funds from any further instalments of Funds; or (b) demand that the Recipient pay an amount equal to the excess Funds to the Province. 17.2 Debt Due. If, pursuant to the Agreement: 1 (a) the Province demands the payment of any Funds or an amount equal to any Fund0 from the Recipient; or (b) the Recipient owee any Funds or an amount equal to any Funds to the Province, whether or not their return or repayment has been demanded by the Province, such Funds or other amount shall be deemed to be a debt due and owing to the Province by the Recipient, and the Recipient shall pay or return the amount to the Province immediately, unless the Province directs otherwise. 17.3 Interest Rate. The may charge Province the Recipient interest on an � Y 9 p any money owing by the Recipient at the then current interest rate charged by the Province of Ontario On accounts receivable. 17.4 Payment of Money to Province. The Recipient shall pay any money . 149 pAPT to the Province by cheque pay-14- payable to the "Ontario Minister of b e Finance" and delivered to the Province at the address provided in section 18.1. 17.5 Failure to Repay. If the Recipient fails to replay any amount owing under the Agreement, Her Majesty the Queen in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by Her Majesty the Queen in right of Ontario. ARTICLE 18 NOTICE 18.1 Notice in Writing and Addressed. Notice shall be in writing and shall be delivered by email, postage-prepaid mail, personal delivery or fax, and shall be addressed to the Province and the Recipient respectively as set out below, or as either Party later designates to the other by Notice: To the Province: To the Recipient: Ministry of Municipal Affairs and City of Pickering Housing 1 The Esplanade Ontario Growth Secretariat Pickering, ON L1V 6K7 777 Bay Street 4th Floor, Suite 425 Toronto, ON M5G 2E5 • Attention: Richard Stromberg, Attention: Deborah Wylie, Manager (A), Partnerships & Principal Planner— Policy Consultation Email: Email: Richard.Stromberg @ontario.ca deborahwylie @pickering.ca 18.2 Notice Given. Notice shall be deemed to have been received: (a) in the case of postage-prepaid mail, seven days after a Party mails the Notice; or (b) in the case of email, personal delivery or fax, at the time the other Party receives the Notice. 18.3 Postal Disruption. Despite section 18.2(a), in the event of a postal disruption: • (a) Notice by postage-prepaid mail shall not be deemed to be received; and 150 (b the Party giving Notice shall provide Notice by email, p ersonal delivery or by fax. 18.4 Despite Section 18.2. Despite section 18.2, if either Party receives a Notice on a non-Business Day, or after 5 p.m. on a Business Day, the Notice shall be deemed to have been received on the next Business Day. ARTICLE 19 CONSENT BY PROVINCE AND COMPLICANCE BY RECIPIENT ' 19.1 Consent. When the Province provides its consent pursuant to the Agreement, it may impose any terms and conditions on such consent and the Recipient shall comply with such terms and conditions. ARTICLE 20 SEVERABILITY OF PROVISIONS 20.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability of any other provision of the Agreement. Any invalid or unenforceable provision shall be deemed to be severed. ARTICLE 21 WAIVER 21.1 Waivers in Writing. If a Party fails to comply with any term of the Agreement, that Party may only rely on a waiver of the other Party if the other Party has provided a written waiver in accordance with the Notice provisions in Article 18. Any waiver must refer to a specific failure to comply and shall not have the effect of waiving any subsequent failures to comply. ARTICLE 22 INDEPENDENT PARTIES 22.1 Parties Independent. The Recipient acknowledges that it is not an agent, joint venturer, partner or employee of the Province, and the Recipient shall not represent itself in any way that might be taken by a reasonable person to suggest that it is, or take any actions that could establish or imply such a relationship. ARTICLE 23 ASSIGNMENT OF AGREEMENT OR FUNDS 23.1 No Assignment. The Recipient shall not, without the prior written consent of the Province, any of its rights,assign or obligations under the 9 Y 9 , 9 151 • cAP Agreement. 23.2 Agreement Binding. All rights and obligations contained in the Agreement shall extend to and be binding on the Parties' respective heirs, executors, administrators, successors and permitted assigns. ARTICLE 24 GOVERNING LAW 24.1 Governing Law. The Agreement and the rights, obligations and relations of the Parties shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement shall be conducted in the courts of Ontario, which shall have exclusive jurisdiction Aver such proceedings. ARTICLE 25 FURTHER ASSURANCES 25.1 Agreement into Effect. The Recipient shall provide such further assurances as the Province may request from time to time with respect to any matter to which the Agreement pertains, and shall otherwise do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of the Agreement to their full extent. ARTICLE 26 JOINT AND SEVERAL LIABILITY 26.1 Joint and Several Liability.Where the Recipient is comprised of more than one entity, all such entities shall be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. ARTICLE 27 RIGHTS AND REMEDIES CUMULATIVE 27.1 Rights and Remedies Cumulative. The rights and remedies of the Province under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity. ARTICLE 28 • ACKNOWLEDGEMENT OF OTHER LEGISLATION 28.1 Recipient Acknowledges. The Recipient acknowledges that by receiving Funds it may become subject to legislation applicable to organizations that 152 -17- re ive funding from the Government of Ontario, including the BPSAA, the Public Sector Salary Disclosure Act, 1996 (Ontario), and the Auditor General Act(Ontario). . ARTICLE 29 FAILURE TO COMPLY WITH OTHER AGREEMENTS . 29.1 Other Agreements. If the Recipient: (a) has failed to comply (a "Failure") with any term, condition or obligation under any other agreement with Her Majesty the Queen in right of Ontario or a Crown agency; (b) has been provided with notice of such Failure in accordance with the requirements of such other agreement; (o) has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) such Failure is continuing, the Province may suspend the payment of Funds for such period as the Province determines appropriate. ARTICLE 30 SCHEDULES 30.1 Schedules. The Agreement includes the following schedules: (a) Schedule "A" - Project Description and Timelines; • (b) Schedule "B" - Budget; (c)' Schedule "C" - Payment; and (d) Schedule "D" - Reports. ARTICLE 31 SURVIVAL 31.1 Survival. The following Articles and sections, and all applicable cross- referenced sections and schedules, shall continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement: Article 1 and any other applicable definitions, section 4.2(d), 4.6, section 5.2, section 7.1 (to the extent that the Recipient has not provided the Reports to the satisfaction of the Province), sections 7.2, 7.3, 153 : -18- 7.4, 7.5, 7.6., Article 8, Article 10, section 122, sections 13.2 and 13.3, sections 14.1,.14.2(d), (e), (f), (g) and (h), Article 16, Article 17, Article 18, Article 20, section 23.2, Article 24, Article 26, Article 27, Article 28, Article 29, Article 30, Article 31, and Article 33. ARTICLE 32 COUNTERPARTS 32.1 Counterparts. The Agreement may be executed in any number of I be deemed an original, but all of which counterparts, each of which shat b p together shall constitute one and the same instrument. ARTICLE 33 ENTIRE AGREEMENT 33.1 Entire Agreement. The Agreement constitutes the entire agreement between the Parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. 33.2 Modification of Agreement. The Agreement may only be amended by a written agreement duly executed by the Parties. The Parties have executed the Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Municipal Affairs.and Housing Name:Michelle Noble Date Title: Director, Partnerships & Consultation THE CORPORATION OF THE CITY OF PICKERING Name: Date Title: Name: Date Title: I/We have authority to bind the Recipient. 154 poor SCHEDULE "A" PROJECT DESCRIPTION AND TIMELINES Background The Recipient is undertaking the Project as the initial part of a larger initiative to plan for intensification outside of the City of Pickering's downtown, which is a designated Urban Growth Centre in the Growth Plan for the Greater Golden Horseshoe. The input from this Project will inform a future municipal planning study and intensification vision by the municipality, and the development of intensification Official Plan policies. Project Objective The purpose of the Project is to develop engagement tools (including community roundtable discussions, online engagement platform, social media content, and communications strategy) that will be used to seek community input that will inform the City of Pickering's future work on intensification beyond its downtown. Scope of Project Prior to the development of online engagement tools, the Recipient intends to retain a community engagement specialist to assist City staff in the development and facilitation of community roundtable discussions. The community roundtable discussions are intended to determine the community's requirements on how it would like to be engaged and on what issues. The community engagement specialist will also assist City staff in the selection of an online community engagement platform. The Recipient intends to develop and activate an online community engagement platform. It is intended that the online community engagement platform be integrated with various social media tools. The following are funded activities of the Project: Phase I: Initiate the Community Conversation • Develop the plan for the community roundtable discussions • Train City staff in facilitating the community roundtable discussions • Integrate the roundtable discussion process with social media tools • Hold the community roundtable discussions • Analyze and report on what was heard • . Develop social media profile and content, and a communications strategy 155 ORA"- -20- Phase II: Develop the Online Community Engagement Platform • Research and select online community engagement platform • Develop and activate the online community engagement platform • Integrate the online platform with social media tools • Analyze and report on what was heard • Implement communications strategy • • Activate online social media profile and visual preference survey • City staff will report to Council on what was heard at the community roundtable discussions and through the online platform. Reporting to the community will be through meetings with the roundtable discussion participants and through information posted on the online platform. The'Recipient shall also provide the Reports set out in Schedule "D" for approval by the Province. The Recipient will provide to the Province a copy of all developed content prior to its publication but only for informational purposes. Timelines All elements funded under this Agreement shall be completed prior to March 31, 2015. • • • 156 SCHEDULE "B" BUDGET The Maximum Funds that may be contributed towards the Project under this agreement is $20,000 which is based on the Recipient completing the phases outlined in Schedule "A". The Recipient will only receive funds for those phases that the Recipient has completed. Budget Item Cost Community engagement specialist $5,000 (Approximately $500 per diem for 10 days) Online engagement product $15,000 (Approximately $15,000 including contingency) Project Total $20,000 157 • A ,e,,,t: p _ ,,e fr SCHEDULE "C" PAYMENT PAYMENT DATE OR MILESTONE AMOUNT Within one week of the Province's ' $10,000 written approval of the midterm report as further outlined in Schedule "D". Within one week of the Province's $10,000 written approval of the final report as further outlined in Schedule "D". 158 DRAFT SCHEDULE "D" REPORTS Name of Report Due Date 1. Mid-term report February 1, 2015 2. Final report March 20, 2015 Report Details Mid-term Report—A report submitted in an electronic format on the Project to date that summarizes progress and results achieved on the following: • Phase I: Development of the community engagement strategy including community roundtable discussions and selection of an online community engagement platform; • Accounting summary that clearly indicates how the Funds were spent for each of the phases in the Project Scope; • Next steps. The report should be accompanied by, for informational purposes only, an appendix with copies of any materials related to the project (e.g., community engagement plan, consultant's analysis of what was heard at the roundtable discussions, strategy for online engagement platform). Final Report—A report submitted in an electronic format that summarizes progress and results achieved on the following: • Phase I: Community Engagement Strategy as identified in Schedule "A"; • Phase II: Online Community Engagement Platform Development,' as identified in Schedule "A"; • Accounting summary that clearly indicates how the Funds were spent for each of the phases in the Project Scope. The report should be accompanied by, for informational purposes only, an appendix with copies of the community engagement strategy, analysis reports, online engagement platform screens, communications materials, and any other supplementary materials (e.g., Tweets, newspaper advertising, media releases, e-newsletters, samples of input received). 159