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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. -2- 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. -3- 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. -4- 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. -5- 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 ) ) ) ) ) ) ) Wayne Anhurs, Mayor ) ) ) ) ) ) ) Bruce Taylor, Clerk ) ) ) ) ) REIC CONSULTING LTD. ) ) ) ) ~ ) 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