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HomeMy WebLinkAboutBy-law 1994/85THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1994 /85 Being a by-law to authorize the execution of an Agreement between The Corporation of the Town of Picketing and Macaulay/Shiomi Consultants Ltd. for the preparation of the Community Improvement Policies Study. WHEREAS, pursuant to the provisions of the Planning Act, 1983, S.O. 1983, chapter 1, part IV, the municipality may provide for community improvements in community improvement project areas designated as such in an official planl WHEREAS in order to determine the nature and extend of the community improvement project area or areas in the Town it is necessary to conduct a Community Improve- ment Policies Study; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute an Agreement in the form attached hereto as Schedule A between The Corporation of the Town of Picketing and Macaulay/Shiomi Consultant Ltd. for the preparation of a Commu- nity Improvement Policies Study. BY-LAW read a first, second and third time and finally passed thislSth day of March, 1985. Clerk pro tempor~/ SCHEDULE A THIS AGREEMENT made this 1st day of April, 1985. BETWEEN: THE CORPORATION OF THE TOWN OF PIGKERING herein called the "Town" OF THE FIRST PART, - and - MACAULAY/SHIOMI CONSULTANTS LTD. herein called the "Consultant" OF THE SECOND PART, WHEREAS the Town has retained the Consultant to conduct a Community Improvement Policies Study for the Town in accordance with terms of reference prepared by the Town and a proposal prepared by the Consultant; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the prem- ises and of the covenants herein contained, the parties hereto agree as follows: 1. In this Agreement: (a) "terms of reference" means the terms of reference attached hereto as Schedule A for the conducting of a Community Improvement Policies Study for the Town; (b) "proposal" means the proposal dated November 23, 1984, attached hereto as Schedule B, prepared by the Consultant for the conducting of a Community Improvement Policies Study for the Town. 2. (i) (z) (3) The Town retains the Consultant to perform and, subject to early ter- mination of this Agreement by the Town as hereinafter provided, to complete all of the services detailed in the terms of reference and the proposal as services to be performed by the Consultant. The Town may at any time terminate this Agreement without penalty or other payment whatsoever, save and except payment to the Consultant for services actually performed to the date of termination. The notice of such termination shall be mailed to the Consultant by prepaid registered mail at 586 Eglinton Avenue East, Suite 604, Toronto, Ontario, NIP 1P2, and shall be effective on the third business day after it was mailed. A receipt of Canada Post shall be conclusive evidence of the date upon which the notice was mailed. The Consultant shall perform the services to be performed hereunder in accordance with the timetable set forth in the proposal; in the event that for any reason the time for completion of the services as set forth in the proposal cannot be met by the Consultant, then such time may, with the written consent of the Town, be extended. (3) Subject to the provisions of sub-section (2), below, the fees payable by the Town to the Consultant for the services to be performed hereunder shall not exceed the sum of Fourteen Thousand, Five Hundred Dollars ($14,500.), being the cost estimate set forth in the proposal. In the event that services are required by the Town which are in addi- tion to those set forth in the proposal, the Town shall pay to the Consul- tant, as payment for such additional services, such amounts as may be agreed between the Consultant and the Town, or, failing agreement, such amount as may be established by arbitration in accordance with section 10, below. The Consultant shall submit its invoice to the Town monthly based upon the work completed by it to the date of such invoice and the cost of any additional services required by the Town. The Consultant shall skillfully and competently perform the services set forth in the proposal and shall employ only skilled and competent staff who will be under the supervision of a senior member of the Consultant's staff. Without restricting the foregoing, the Consultant shall employ those persons whose curriculum vitae appear in the appendix to the proposal; however, the Consul- tant may, with the written approval of the Town, substitute personnel of equal skill and competence to the persons set out in the appendix if, for any reason, such persons are able to perform the services allocated to them. The Consultant undertakes and agrees to act as co-ordinator of the work of all sub-consultants required by the Consultant to assist in the preparation of the Community Improvement Policies Study. All drawings and documents or copies thereof required by the Consultant or the Town for their performance of the services hereunder shall be exchanged between the Town and the Consultant on a reciprocal basis. Documents pre- pared by the Consultant for the Town may be used by the Town and all docu- ments, drawings, reports, technical matters, computer programs and other materials of any kind whatsoever shall, at all times, be the property of the Town and shall, at the Town's request, be submitted to the Town at no extra cost, The Consultant shall not divulge any confidential information communicated to or acquired by it or disclosed by the Town in the course of carrying our the services provided for herein. No such information shall be used by the Con- sultant on any other project or for any other purpose without the written approval of the Town. The Consultant shall indemnify and save the Town harmless from and against all claims, actions, losses, expenses, costs or damages of every nature and kind whatsoever, whether direct or indirect, which the Town, its agents, servants or officers, may suffer as a result of the negligence of the Consultant, its agents, servants, officers, or sub-contractors, in the performance of the services hereunder. 9. Neither the Consultant nor the Town may assign this Agreement. 10. Any dispute, difference or disagreement between the Town and the Consultant in relation to this Agreement or to the services to be performed hereunder, shall be resolved by arbitration in accordance with the provisions of the Arbi- trations Act, R.S.O. 1980, chapter 25. 11. This Agreement shall enure to the benefit of the Parties hereto and their suc- cessors, IN WITNESS WHEREAS the Parties hereto have hereunto affixed their corporate seals under the hands of their proper signing officers duly authorized in that behalf. THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk MACAULAY/SHIOMI CONSULTANTS LTD. DATED: April 1st, 1985 THE CORPORATION OF THE TOWN OF PICKERING - and - MACAULAY / SHIOMI CONSULTANTS LTD. AGREEMENT C. M. Timothy Sheffield Town Solicitor Town of Pickering 1710 Kingston Road Pickering, Ontario L1V 1C7