HomeMy WebLinkAboutBy-law 4402/94 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4402/94
Being a by-law to authorize the execution of a Consulting
Agreement between RE1C Consulting Ltd and The
Corporation of the Town of Pickering respecting the
preparation of Phase Four of the Pickering District Plan
Review.
WHEREAS, pursuant to the provisions of section 17 of the Planning Act, R.S.O. 1990, chapter P. 13, the
Council of The Corporation of the Town of Pickering may provide for the preparation ora plan or plans,
and amendments thereto, suitable for adoption as the official plan of the municipality; and
WHEREAS, on January 17, 1994, the Council made Resolution 2/94 which provided for the retaining of
REIC Consulting Ltd. to assist staff with developing and implementing a public consultation program
related to Phase Four of the Pickering District Plan review;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS
FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute a Consulting Agreement, in the form
attached hereto as Schedule I, between REIC Consulting Ltd. and The Corporation of the Town
of Picketing respecting the preparation of Phase Four of the Picketing District Plan Review.
BY-LAW read a first, second and third time and finally passed this 22nd day of March, 1994.
~ruce Taylor~-~lerk
TOWN OF'
PICKERING
AS 7LJ ,.,~i',:,1
LL:' ,L'-' i.
Schedule I
THIS AGREEMENT made in quadruplicate as of this 21st day of February, 1994.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Client"
OF THE FIRST PART,
and
REIC CONSULTING LTD.
hereinafter called the "Consultant"
OF THE SECOND PART.
WHEREAS by virtue of a Council Resolution dated 17 January, 1994, Resolution No. 2/94, the
Client has retained the Consultant to furnish professional planning and consultation services in
connection with Phase Four of the Picketing District Plan Review as set forth in the proposal
entitled:
PROPOSED COMMUNITY CONSULTATION PLAN
A NEW PICKERING DISTRICT PLAN
hereinafter referred to as Schedule "A" attached to and forming a part of this agreement.
NOW THEREFORE THIS AGREEMENT W1TNESSETH that for the consideration and
upon the terms and conditions hereinafter set forth the parties mutually covenant and agree as
follows:
The Consultant agrees to furnish and perform professional services with respect to Phase
Four of the Picketing District Plan Review in conformance with the methodology and detailed
work description set forth in the proposal and contained in Schedule "A" attached.
The Consultant agrees to supply, at its expense, all staff, equipment and technical advice
necessary to perform the services to be furnished under this agreement.
2. THE CLIENT'S RESPONSIBILITY
The Client will make available any information and materials relevant to the work, which
are in its possession, for use by the Consultant, and will make available at reasonable time, staff
members for the purpose of any necessary consultation.
The Consultant shall not be responsible for costs or damages arising from errors or
omissions in any of the information which is supplied by the Client or its agents.
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3. TIdE CONSULTANT'S RESPONSIBILITIES - INDEMNITY
The Consultant hereby agrees that it will, from time-to-time, and at all times hereafter,
well and truly save, keep harmless and fully indemnify the Client, its successors and assigns,
from and against all action, claims and demands whatsoever which may be brought against or
made upon the Client, and against all loss, liability judgments, costs, demands or expenses which
the Client may sustain, suffer or be put to, resulting from or arising out of the work done by it, or
by reason of, or an account of, or resulting from, or arising out of the failure to exercise
reasonable care, skill or diligence in the performance or rendering of any work or service
required hereunder to be performed or rendered by the Consultant, its agents, servants,
employees or sub-consultants, or any of them.
The Consultant will be solely responsible for the payment of any sub-consultants
employed, engaged or retained by it for the purpose of assisting it in the discharge of its
obligations under this Agreement. The Consultant shall co-ordinate the services of all
sub-consultants so employed, engaged or retained by it.
5. BASIS OF COMPENSATION
The Client shall pay to the Consultant in full payment and compensation for its Services
including disbursements properly incurred by it in carrying out is Services including
disbursements properly incurred by it in carrying out its Services, an amount not to exceed
TWENTY THOUSAND DOLLARS ($20,000.00). No payment in excess of the said sum will
be made without the authorization of the Client.
6. PAYMENTS AND ACCOUNTS
The Consultant may submit billings to the Client at the completion of each stage
identified in Schedule "A" and such billings shall be paid by the Client within thirty (30) days.
Interest charges of two (2) pementage points above prime will be charged on all overdue
accounts.
If requested, the Consultant will make available to the Client such accounts, records,
receipts, vouchers and documents for the purpose of substantiating its billings.
7. ADDITIONAL SERVICES
The Client shall pay to the Consultant an additional amount for any additional services on
written authorization to perform supplementary work. Fees for authorized additional services
will be billed at the then prevailing hourly rates or as negotiated by the Consultant and the Client
and confirmed in writing by the Consultant.
The rate of payment for any such additional services is to be as authorized in writing by
the Client. Work on additional services will not proceed without the aforementioned written
authorization.
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The Consultant shall carry out the work with the utmost dispatch and, subject to delays
beyond its control, shall complete the work in accordance with Schedule "A" adjusted to the
starting date. Should the schedule be extended through no fault of the Consultant, beyond the
completion date identified for each stage, the compensation set forth in Paragraph 6 shall be
subject to adjustment.
It is agreed between the parties hereto that the Consultant may, on fourteen (14) days'
prior written notice, be dismissed by the Client at any time with our without cause. Upon receipt
of such notice the Consultant shall perform no further services other than those reasonably
necessa.D, to close out its service. The Consultant will be paid for all work done to the date of
dismissal.
It is agreed between the parties hereto that the Consultant shall have the right to terminate
this Agreement on fourteen (14) days' prior written notice should the Client fail substantially to
perform in accordance with the terms of this Agreement through no fault of the Consultant. The
Consultant will be paid for all work done to the date of such termination.
Upon dismissal of the Consultant pursuant to Paragraph 9, or upon early termination of
this Agreement pursuant to Paragraph 10 and settlement of all accounts, and upon completion of
the Consultant's obligations under this Agreement, all information, negatives from original
photocopy, data, material, sketches, blueprints, computer disks, plans, notes, documents,
memoranda, specifications or other paperwork gathered, assembled or prepared by the
Consultant, its employees, servants, sub-consultants or agents, for the purpose of such
Agreement shall be reimbursable and thereupon become the sole property of the Client. The
Consultant, its employees, servants, sub-consultants and agents shall forthwith deliver to the
Client any or all of the aforesaid subject matter that the Client, in its sole discretion may request
in writing, provided however:
(a) The Consultant may retain the originals of such subject matter provided
that reproducible copies as required in writing are delivered to the Client.
12. CONFIDENTIAL DATA
The Consultant shall not divulge any confidential information communicated or acquired
by it in the course of carrying out its consulting services.
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13. OFFICIAL NOTIFICATION
(1) Any notice herein required or permitted to be given under this Agreement
shall be delivered or sent by prepaid registered mail to:
THE CORPORATION OF THE TOWN OF PICKERING
Planning Department
Picketing Civic Complex
One The Esplanade
Pickering, Ontario
LIV 6K7
Attention: Neil Carroll
Director of Planning
REIC CONSULTING LTD.
15010 Yonge Street
Aurora, Ontario
L4G 1 M6
Attention: Brian Marshall
(2) Any notice given in accordance with sub-paragraph (1) hereof, shall be
deemed to have been given on the day of delivery.
(3) Either party hereto may at any time give notice under this paragraph to the
other of a change of address and thereafter such changed address shall be
substituted for the previous address set out in sub-paragraph (1) hereof.
14. I~!ZEREIL~ZAXLO~
Words importing the masculine gender shall include the feminine and neuter, and the
singular shall include the plural where the meaning or context so requires.
15. COMPLETE AGREEMENT
(1) This Agreement constitutes the complete and exclusive statement of the
agreement between the parties, which supersedes all proposals, oral or
written, and all other communications between the parties, relating to the
subject matter of this Agreement.
(2) If one or more of the phrases, sentences, clauses or paragraphs contained
in this Agreement shall be declared invalid by the final and unappealable
order, decree of judgment of any court of competent jurisdiction, this
Agreement shall be construed as if such phrase(s), sentence(s), clause(s) or
paragraph(s), had not been inserted.
(3) This Agreement may be changed only by a written amendment signed and
sealed by authorized representatives of both parties, or by a court order
pursuant to sub-paragraph (2) hereof.
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16. SUCCESSORS AND ASSIGNS
This Agreement shall jointly and severally enure to the benefit of and be binding upon the
Consultant hereto, its heirs, executors, administrators, successors and assigns.
Provided however that the Consultant shall not assign this Agreement or any interest
herein without the prior written consent of the Client.
This Agreement shall be binding upon and enure to the benefit of the parties hereto and
their respective successors and permitted assigns.
This Agreement shall enure to the benefit of and be binding upon the Client, its
successors and assigns.
IN WITNESS WHEREOF the Client has hereunto affixed its corporate seal attested to by
the hands of its respective proper signing officers in that behalf duly authorized, and the
Consultant has herewith set its hand and seal.
SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE
in the presence of: ) TOWN OF PICKERING
)
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) Wayne Anhurs, Mayor
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) Bruce Taylor, Clerk
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) REIC CONSULTING LTD.
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) Brian Marshhll
CLR/pjc
SCHEDULE "~"
Proposed Community Consultation Plan
A New Pickering District Plan
Consultation Goal
· To ensure that community input is reflected in the drafting of the Pickering District
Plan.
Consultation Objectives
· To solicit community input in the vision, goals, objectives and policies governing
planning for the Town of Pickering into the 21st century;
To assist the rural community in the development of a rural statement for inclusion
in the Pickering District Plan;
· To solicit community input in the development of neighbourhood plans governing
local development initiatives; and
· To ensure that a broad base of the community is allowed the opportunity to provide
input into the plan development cycle.
Summary Workplan
1. Consult with Town staff
2. Inform the Public of the Preliminary Community Vision
3. Implement Community Consultation on the Preliminary
Community Vision
4. Facilitate the development of a Rural Statement
5. Implement Community Consultation on Neighbourhood Plans
6. Submit Draft Plan to Council and Circulate to Community
7. Implement Community Consultation on Draft Pickering District
Plan
8. Complete Pickering District Plan
Draft Public Consultation Plan --1-- Town of Pickering Official District Plan
SCHEDULE "A"
(2)
Stage 1. Consult with Town Staff
Objectives:
ensure that staff views on the consultation plan are understood
ensure that staff and consultant roles and responsibilities regarding
implementation of the public consultation plan are understood
allow the opportunity for other Town staff to provide input into the
refinement of the Community Vision
Workplan:
review and revise Consultation Plan to the satisfaction of the Planning
Department
circulate Consultation Plan and Preliminary Community Vision to key
Town staff
conduct interviews with key Town staff to solicit input into the refinement
of the Community Vision and to respond to any questions relating to the
Consultation Plan.
Roles and Responsibilities:
Planning staff to identify key Town staff who should be consulted, and set
up schedule of meetings
Planning staff to circulate briefing document (Preliminary Community
Vision and directed questions)
REIC to conduct meetings with key Town staff and record input
Draft Public Consultation Plan --2-- Town of Pickering Official District Plan
SCHEDULE "A"
(3)
2. Inform the Public of the Preliminary
Community Vision
Objectives:
- ensure that a broad base of the community is aware of the final steps
involved in preparing a new Pickering District Plan
ensure that the community is aware of their opportunity to attend public
meetings introducing the Preliminary Community Vision
Workplan:
work with staff to develop and implement an information campaign to the
community to enhance awareness of the document and of the review and
consultation process using:
· news releases and media kits
· articles in local newspapers
· appearances on local media / cable TV / radio
prepare a proposed agenda/session format and speaker/presentation kit
to assist staff/Working Group and others in presentations to
neighbourhood groups
develop a response sheet to solicit input from audiences at sessions
work with staff in setting up schedules/logistics for community meetings:
Recommended venues:
- publicized community meetings
- Community service groups
identify speakers (staff and members of Working Group who wish to
make presentations) and assist in creating schedule
Conduct a briefing session with speakers
Roles and Responsibilities:
Planning staff to oversee circulation of preliminary document
Planning staff/REIC to determine optimum use of available dollars in
relation to purchased media
As required, REIC to conduct telephone survey to solicit input on
document
Planning staff to identify potential venues for presentations, and identify
presenters
Planning staff to prepare articles and copy for ads
REIC to develop response form
REIC to develop speaker kits and conduct briefing session
Draft Public Consultation Plan --3-- Town of Pickering Official District Plan
SCHEDULE "A"
(4)
3. Implement Community Consultation on
Preliminary Community Vision
Objectives:
allow the opportunity for clarification of the Preliminary Community
Vision
ensure that broad based community input is received on means of refining
the Preliminary Community Vision
incorporate community direction into the development of neighbourhood
plans
Workplan:
Conduct a forum with key interest groups and Agencies including:
· Board of Trade, Chamber of Commerce
· Service Groups
· Ratepayer Organizations
Conduct one well-publicized community forum
Assemble and record all response forms
Conduct debriefing session for all involved in consultations
prepare a report documenting the views of the 'consulted community',
recommend changes to the Preliminary Community Vision
Roles and Responsibilities:
Planning staff to coordinate schedule of delivery
Planning staff to consult with key interest group and agencies regarding
the Preliminary Community Vision
REIC to deliver minimum of 1 session with other session presenters to be
coordinated through Planning staff
REIC to facilitate community forum
REIC to conduct debriefing session summarizing community response
REIC to prepare summary report, recommending alterations to the
Preliminary Community Vision
Draft Public Consultation Plan ~ Town o. f Pickering Official District Plan
SCHEDULE "A"
(s)
4. Facilitate the Development of a Rural Statement
Objectives:
develop a rural statement for inclusion in the Draft Pickering District Plan
which reflects the views of both the rural and urban community members
of the Town
Workplan:
Identify a group of interested individuals who's views represent either the
rural or urban (or both) components of the Town (max. 25)
Solicit attendance at a session and circulate a discussion document for
review
Conduct a 3-4 hour working session to solicit consensus
Assemble a consensus document and mail out to participants for
validation / approval
Roles and Responsibilities:
Planning staff to coordinate session participation and logistics
REIC to develop discussion document to participants
REIC to facilitate working session and prepare consensus document
Planning staff to circulate document for validation
Draft Public Consultation Plan --5-- Town of Pickering Official District Plan
SCHEDULE "A"
(6)
5. Implement Community Consultation on
Neighbourhood Plans
Objectives:
to demonstrate how the Preliminary Commun!ty Vision of the Town will
be transferred into neighbourhood plans
to ensure that a broad base of the community are aware of the proposed
new District Plan and the implications for their neighbourhoods
to provide an opportunity for discussion and input from local residents
into the neighbourhood plans
to record local input for consideration in development of the Draft Official
Plan
Workplan:
Notify and inform the public of the preparation of the revised Community
Vision and new neighbourhood plans through local media
Inform the public of the availability of draft neighbourhood plans through
local citizen, ratepayer and interest groups
Develop and produce information displays for set-up in community
centres
Develop a standard session format, presentation kit and response form
Conduct information sessions for the neighbourhoods, including the rural
community
Record community and key interest group and Agency input for inclusion
in Draft Pickering District Plan
Roles and Responsibilities:
Planning staff to prepare revised Community Vision and neighbourhood
plans
Planning staff to oversee circulation Of revised Community Vision
neighbourhood plans and development of displays as applicable
Planning staff (with REIC support) to develop communications plan
through media
Planning staff (with REIC support) to coordinate notification of sessions
and logistics
REIC to develop session format and presentation kits for speakers
REIC to conduct a briefing session for individuals conducting sessions
Planning staff to conduct most neighbourhood sessions
REIC to assist with sessions in most controversial neighbourhoods
REIC to conduct debriefing session and prepare summary report
Draft Public Consultation Plan ~ Town of Picketing Official District Plan
SCHEDULE "A"
(7)
6. Submit Draft Official Plan to Council and Circulate
Objectives:
Complete the Draft Official District Plan for submission to Council and for
circulation to review agencies
Provide a final opportunity for citizen input into the review process
Workplan:
Complete the Draft Official Plan consistent with feedback received during
the consultation process
Circulate the Draft Plan to the Community and Technical Working Groups
for revision and approval
Submit Draft Plan to Council
Roles and Responsibilities:
Planning staff to prepare Draft Plan
REIC as requested to facilitate session of Working Group
7. Implement Community Consultation on Draft
Official Plan
Objectives:
- Provide a final opportunity for citizen input into the review process
Workplan:
Implement an information campaign through local media to make citizens
aware of the Plan
As required develop displays for presentation in key community areas,
ensuring that feedback mechanism is in place
- Develop a schedule for community review through June and July --
recommended 3-4 community forums allowing group input
Record community input for inclusion in Final Official Plan
Roles and Responsibilities:
Planning staff to oversee notification/information dissemination through
local media and development of displays
As requested REIC would assist planning staff in consultation process
through June and July
Summary Report of community input should be prepared
8. Complete Official District Plan
DraJt Public Consultation Plan --7-- Town of Picketing Official District Plan
SCHEDULE "A"
Proposed Schedule
TASK Completed By:
1. Consult with Town staff March 4
meetings Feb. 21- Mar. 4th
2. Inform the Public of the
Preliminary Community Vision March 11
ongoing
3. Implement Community Consultation on ongoing / March 18
Preliminary Community Vision
meetings: First 2-3 weeks of March
4. Facilitate the development of a Rural Statement March 10
logistics: week of Feb. 21-25
meeting: second week March
5. Implement Community Consultation May 6th
on revised Community Vision and Neighbourhood Plans
notification: first week of April
logistics: early April
meetings: last two weeks of April/early May
6. Submit Draft Plan to Council and Circulate to Community early June
Working Group: second week of May
To Council: late May
Circulation: early June
7. Implement Community Consultation June/July
on Draft Official Plan
notification: June
Community Forums: June/July
8. Complete Official District Plan August/September
Draft Public Consultation Plan --8-- Town of Pickering Official District Plan
SCHEDULE "A"
(9)
Proposed Payment Schedule
TASK Billing Amount:
1. Development of Consultation Plan
Submission of Draft
Consult with planr6ng and other Town staff
Final Plan
Billing: Mar. 4th $4,000
2. Community Consultation on
Preliminary Community Vision
Community Meetings
Preparation of Rural Statement
Submission of Summary Report
Billing: Mar. 30th $6,000
3. Implement Community Consultation
on revised Community Vision and Neighbourhood Plans
notification: first week of April
logistics: early April
meetings: last two weeks of April/early May
Billing: May 6th $6,000
4. Submit Draft Plan to Council and Circulate to Community
Provide Input & Review to Draft Plan
Submission of Plan for Final Community Consultation on Draft District Plan
Billing: May 31st $3,982.25