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HomeMy WebLinkAboutBy-law 1531/82THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1531/82 Being a By-Law to authorize the execution of an Agreement between Moore and George Associates Inc. and the Corporation of the Town of Pickering respecting the preparation of the Town of Pickering Culture and Recreation Master Plan WHEREAS, pursuant to the provisions of section 208.57 of the Municipal Act, R.S.O. 1980, chapter 302, By-Laws may be passed by the Councils of all Municipalities for acquiring, erecting, altering, maintaining, operating and managing parks, recreational areas, playgrounds, athletic fields, gardens, places of recreation and amusement, arenas, auditoriums, health and community recreation centres, and similar buildings; and WHEREAS, it is deemed desirable to further those purposes by obtaining a Culture and Recreation Master Plan for the Town of Pickering; NOW THEREFORE, The Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute an Agreement, in the form attached hereto as Schedule "A", between Moore and George Associates Inc. and the Corporation of the Town of Pickering respecting the preparation of the Town of Pickering Culture and Recreation Master Plan. BY-I~AW read a first, second and third time and finally passed this 5th day of July, 1982. SCHEDULE "A" to By-law 1531/82 THIS AGREEMENT, made this 21st day of June, 1982, by and between Moore & George Associates Inc. (hereinafter called the CONSULTANT) whose office is located at 3438 Yonge Street, Toronto, Ontario, and the Town of Picketing, 1710 Kingston Road, Pickering, Ontario, (hereinafter called the CLIENT). WITNESSETH THAT: WHEREAS, The Client has agreed tO engage the Consultant to mender certain technical and professional services and the Consultant has agreed to perform such services as hereinafter provided. NOW, THEREFORE, the parties hereto do mutually agree as follows: ! 'Emplosment of Consultant The Client hereby agrees to engage the Consultant and the Consultant hereby agrees to perform the services hereinafter set forth in connection with the preparation of a Culture and Recreation Master Plan. Scope of Services The Consultant shall do, perform and carry out, in a satisfactory and proper manner, the services as outlined in Schedule "A" attached to this agreement. Schedule "A" is understood to be the proposal in its entirety as submitted as of May 3, 1982, and the Terms of Reference. III Reporting the Findings The Consultant shall report his findings to the Client in ~he following manner: 1. 25 copies of a Draft Plan; 2. 50 copies of the Final Plan; 3. 100 copies of a Summary Report. At the completion of the study, the Consultant shall make available to the Client the base material prepared by him in connection with the said study. IV Meetings The Consultant or his representative shall meet with the Client or other agencies or groups as may be mutually agreed upon at times satisfactory to both during the period of this Agreement, to discuss the project, repor{s and to explain the findings and recommendations, at the following major intervals during the work: o Initial meeting with the Client to discuss objectives, issues and work program. o To present, and discuss the design of the public participation program. o To review the resource inventory data. -~. ~ To present and review the results of the public involvement program. o To present and review the Draft Master Plan. o To present and review the Final Plan. V Time of Performance The services of the Consultant are to commence as soon as practicable after the execution of this Contract. The services of the Consultant and the obligations of the Client shall be undertaken and performed in such sequence as to assure the completion of the Culture and Recreation Master Plan within 10 months of signing. This Contract shall run for a period of 12 months from the date of signing and if for any reason beyond the control of the Client or the Consultant the work cannot be completed within this time the Contract shall be subject to review by the Client and the Consultant with a view to providing such reasonable extension as may be required to finish the study, but not to exceed two months. VI Compensation "ti) The Consultant shall be paid for the due performance of the services required of him, a fee not exceeding forty-eight thousand, four hundred and seventy-five dollars (48,475) in installments as follows: (a) four thousand, eight hundred dollars (4,800) upon signing of this agreement; (b) 10 monthly payments of $4,000 each to.g~e~ced the 1st day of each month commencing~g~-l, 1982, and then every~onth with the last monthly payment being invoiced~ 1, 1983; ' (c) the balance of three thousand, six hundred and seventy- five dollares ($3,675) upon completion of all work under this agreement and delivery of all reports and materials as herein agreed. (ii) Payment shall be made in every case not later than fifteen (15) days from the receipt of a statement of account'for payment from the Consultant; subject to the Client's approval ~' of progress. (iii) The Consultant shall not be required to prepare for, nor to appear in any litigation on behalf of the Client unless the Consultant is compensated therefor on a "Per Diem Rate" basis. ($400 per person per'day). VII Personnel (i) The Consultant represents that he has, or will secure at his own expense, all personnel required in performing the services under this Agreement. (ii) All services under this Agreement will be performed by the Consultant or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under Provincial and Local ~aw to perform such services. (iii) The Consultant agrees that the personnel named in the Schedule "A" attached hereto shall perform the assignment. Any variance in personnel utilized by the Consultant shall be with mutual agreement between the Client and the Consultant. VIII Changes (i) The Client may, from time to time, request changes in the scope of the services of the Consultant to be performed hereunder. Where the parties agree that such changes will involve any increase or decrease in the amount of the Consultant's compensation such amounts shall be mutually agreed upon by and between the Client and the Consultant. (ii) If it shall become necessary for the Consultant to make any changes in any designs, drawings, plans or reports for any part of the work for reasons over which the parties agree that he has no control, or if the Consultant is put to any extra work, cost or expenses by reason of any act or matter over which the parties agree that he has no control, the Consultant shall be compensated .for such changes or extra work on a "Per Diem Rate" basis; provided that prior to · the commencement of such changes or extra work the Consultant and the Client shall agree in writing to such changes or to the carrying out such extra work and the Consultant shall keep separate cost records with respect to such changes or extra work. IX Termination If at any time during the currency of this Agreement the standard of the Consultant's services, in the opinion of the Town of Pickering based on reasonable grounds, should be less than a high stand~rd of professional competence for any material period of time, or the Consultant fails or refuses to carry out the assignement to which this Agreement applies or to observe the Agreement in other respects, the Town of Pickering may terminate this Agreement at any time thereafter and thenceforth the Agreement shall be of no further force or effect except that the Consultant shall continue to be responsible for the quality of all services performed by it up to such cancellation and the Town of Pickering shall be liable to pay a reasonable amount for services rendered by the Consultant prior to such termination, except such services performed at a standard of competence that does not comply with this Agreement and is not acceptable to the Town of P~ckering .... X Client Obligations {i) The Client shall furnish the Consultant with any existing maps necessary for his work and make available to him any studies previously conducted in the area which' relate to the Consultant's services. (ii) The Client shall give due consideration to all plans, drawings, reports, proposals and other information provided by the Consultant and shall make any decisions which it is required to make in connection therewith within a reasona61e period stipulated by the Consultant to enable him to proceed according to the Schedule "A". .. (iii) Any and all plans, documents, reports, drawings and designs furnished by the Consultant are based on the assumption that all information supplied by the Client or on behalf of the Client by any person or persons other than the Consultan~ ii correct, and the Consultant shall not be liable for any loss or damage 'arising from any inaccuracy in such information. The Consultant shall be entitled to make any necessary change or changes in his plans, specifications, drawings or designs at the Client's expense if any such information should be erroneous or inaccurate. XI Assignability The Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same. XII Interest of Consultant The Consultant covenants that he presently has no interest and shall not acquire any interest direct or indirect which would conflict in any manner or degree with the performance of his services hereunder. The Consultant further covenants that in the performance of this Agreement no person having any such interest shall be employed or engaged by it. XIII Findings Confidential Any reports, information, data, etc., given to or prepared or assembled by the Consultant under this Agreement which the Client requests in writing to be kept as confidential shall not be made available to any individual or organization by the Consultant without the prior written approval of the Client. XIV Arbitration (~) All differences between the parties hereto arising out of this Agreement 'shall be submitted to arbitration, (ii) No one shall be appointed or act as arbitrator who is any way interested, financially or otherwise, in the conduct of the work or in the business or other affairs of either party. (iii) The award of the arbitrator shall be final and binding upon the parties. (iv) The provisions of the Arbitarion Act, R.S.O. 1980, Chapter 25, shall apply to the arbitration. XV Copyright of ~ro~ect Reports~ Etc. No report, document, or other data produced in whole or in part with project funds shall be copyrighted by the Consultant, neither shall any notice of copyright be registered by the Consultant in connection with any report, document, or other data developed by him for the project. It is agreed that all materials, documents, data and working papers relating to the assignment shall be the property of the Client and shall be surrendered to the Client upon completion and acceptance of the Culture and Recreation Master Plan or termination of the Agreement for any reason whatsoever, unless otherwise stipulated in the Schedule(s) attached hereto. XVI Notice Any notice as provided for under this Agreement may be served or given, (i) by the Client to the Consultant by mailing the same by prepaid registered mail to: Moore & George Associates Inc. 3438 Yonge Street Toronto, Ontario M4N2N3 (ii) by the Consultant to the Client by mailing the same by prepaid registered mail to: The Town of Pickering 1710 Kingston Road Pickering, Ontario L1V 1C7 XVII Enurement This Agreement and everything herin contained, unless the context otherwise requires and subject to article XI shall enure to the benefit of and be binding upon the parties hereto, their successors and assigns respectively. · iN WITNESS WHEREOF the Client and the Consultant have executed this Agreement as of the date first above wPitten. The Town of Pickering Moore.& George Associates. Inc. Client Consultant President Client Consultant Secretary- )~easurer SCHEDULE "A" (i) Consultants Proposal (ii) Terms of Reference