HomeMy WebLinkAboutPSD-077-10•
L@~~~~n REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 21, 2010
Resolution #: r;(~A~363-10
By-law #: ~6~d -076
Report #: PSD-077-10
File #: PLN 33.4
Subject: PORT GRANBY PROJECT -RESOURCE PERSON FOR THE PROPERTY
VALUE PROTECTION PROGRAM; CONSULTING AGREEMENT WITH RYAN
REALTY SERVICES LTD.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report PSD-077-10 be received;
THAT the requirements of Purchasing By-law # 2006-127 be waived and an Agreement
with Ryan Realty Services Ltd. for Consulting Services related to a Property Value
Protection Program Resource Person for the Port Granby Project, to extend to
December 31, 2018 and attached to Report PSD-077-10 as Attachment 5, be approved;
3. THAT $25,000 be set aside from the Port Granby LLRW Agreement Reserve and drawn
upon as required pursuant to the terms of the consulting agreement;
4. THAT Staff provide a future report on the discussions with the Port Hope Area Initiative
Management Office regarding reimbursement of the costs of the Resource Person;
THAT the By-law attached to Report PSD-077-10, as Attachment 6, authorizing the
Mayor and Clerk to execute the Agreement, be approved; and
6. THAT all interested parties listed in Report PSD-077-10 and any delegations be advised
of Council's decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)6239
REPORT NO.: PSD-077-10
Submitted by: ~' Reviewed by:
e ang aid, SLA, MCIP
in Director o Planning Services
PAGE 2
anklin Wu,
Chief Administrative Officer
Jas/df/av
15 June 2010
REPORT NO.: PSD-077-10
1.0 BACKGROUND
PAGE 3
1.1 The Property Value Protection (PVP) program is a key element of the Legal Agreement
between the Municipalities of Clarington and Port Hope and the Government of Canada
governing the Port Hope Area Initiative. The PVP Program, which is administered by
the Port Hope Area Initiative Management Office (PHAI MO), is intended to ensure that
homeowners selling their homes within a defined area (Attachment 1) are not financially
disadvantaged by the activities of the Initiative. To do this, the PVP Program
determines the unaffected fair market value of the property (as if the Initiative does not
exist) and compensates the seller for the difference between the unaffected value and
the selling price.
1.2 Bonnie McFarland, representing the South East Clarington Residents Association
(SECRA), addressed the October 19, 2009 meeting of the General Purpose and
Administration Committee. She advised that some Port Granby area residents were
experiencing difficulty with the PVP Program and requested the Municipality retain a
consultant to assist residents in the process. Committee resolved to request the federal
government appoint an independent resource person to represent and assist the home
seller and their realtor in dealing with the PVP Program to ensure fairness, ease and
transparency. Council considered a letter from Gerry Mahoney, President of SECRA,
on October 26, 2009 (Attachment 2) and referred the letter to the Planning Services
Department.
1.3 In response to Council's resolution. Christine Fahey, Director of PHAI MO, requested
the opportunity to address Council regarding the PVP program with the intent of
.addressing the community and Council's concerns (Attachment 3). A presentation on
the PVP program was made to GPA on December 7, 2009. Mr. Mahoney also
addressed GPA and reiterated his request to have the Municipality appoint an
independent resource person to assist residents with the PVP program. Council
directed staff to arrange a meeting to discuss the PVP program and the hiring of a
dedicated resource person (#GPA-663-09).
1.4 Ms. Fahey provided a letter to the Municipality (Attachment 4) in which she responded
to a number of specific questions regarding PHAI MO's intentions to retain and/or pay
for a PVP resource person. The letter noted that PHAI MO currently provides resources
to assist residents and does not intend to retain additional PVP resource people but
may consider paying for a resource person hired by Clarington if it can be demonstrated
that this approach will address the specific issues that Port Granby residents have
expressed with respect to the PVP Program.
1.5 In accordance with Council's direction, staff, Councillor Robinson and Dave Hardy of the
Municipal Peer Review Team met with Mr. Mahoney on March 30, 2010 to identify and
discuss SECRA's request for a PVP resource person and other concerns that area
residents have with the PVP program.
REPORT NO.: PSD-077-10
PAGE 4
2.0 RESPONSIBILITIES OF A PVP RESOURCE PERSON
2.1 The PVP Program under the Port Hope Area Initiative is one of the first programs in the
world to provide financial compensation to residents whose property values are affected
by a radioactive waste management project. However, because public funds are being
expended under the PVP Program to compensate property owners, the PVP Program is
structured to ensure that any compensation provided is legitimate and fully accounted
for. This structure can add extra time to the completion of a successful sale and create
additional papenroork that residents wishing to move find frustrating, confusing and
stressful. As well, it can lead residents to not trust the PVP Program and, by extension,
the whole Port Hope Area Initiative.
2.2 In this regard, the request by Port Granby residents for an independent and
knowledgeable resource person to assist in their dealings with the PVP Program is not
unreasonable. Based on the issues identified by the residents, the responsibilities of a
PVP resource person would include:
• Consultation with the home owner prior to the listing of a property
The resource person would assist the home owner in reviewing the market analyses
prepared by prospective realtors, and provide advice on a reasonable list price and
whether an appraisal should be undertaken at the time of listing.
• Oversight role in appraisal process
The PVP Program will undertake an apraisal once a property has been on the
market for the period prescribed by the PVP Program (one-and-a-half times the
average days on market), and when an offer to purchase is submitted.
The resource person could assist the home owner in discussions with PVP staff
regarding the contracting of an appraiser to ensure the home owner is confident in
and comfortable with the appraisal process.
The resource person would review the appraisal report with the PVP office and be
able to question the appraiser directly if required. The resource person would
review and discuss the appraisal report with the homeowner and seek further
clarification from the appraiser if necessary.
• Support to home owner during the listing
The resource person would provide ongoing support and advice to the seller
throughout the duration of the listing, and facilitate discussions with the PVP
Program office when necessary and if requested by the home owner.
REPORT NO.: PSD-077-10
PAGE 5
• Support to the home owner during the appeal process
The resource person would provide advice to the home owner if they are dissatisfied
with the compensation being offered by the PVP Program, and assist the home
owner during the appeal process.
2.3 PVP Program staff have indicated that they have no difficulty with the responsibilities of
the resource person set out above.
3.0 AGREEMENT TO RETAIN A PVP RESOURCE PERSON
3.1 In order to effectively fulfil the responsibilities set out above, the PVP resource person
should possess real estate experience and understand the appraisal process by which
property values are determined. Staff have determined that a resource person could
assist residents involved with the PVP Program but would not compromise the PVP
Program, the relationship between the owner and their realtor, and would provide a
helping hand with the process as requested by SECRA.
3.2 Given the direction that Staff received from Council in Resolution #GPA-663-09 and the
subsequent meeting with PHAI MO, Staff initiated discussions with Mr. Neil Ryan of
Ryan Realty Services Ltd, to determine his interest in assuming the responsibilities of
the PVP resource person. Mr. Ryan is a real estate agent and a Canadian Residential
Appraiser and was recently retained by the Municipality to sell surplus municipal land
and provide other real estate services. Mr. Ryan has had no involvement with property
listings in the Port Granby area. As such, he brings the expertise and independence
necessary to assume the PVP resource person position.
3.3 The responsibilities of the PVP resource person were determined through discussions
with Mr. Ryan and PVP Program staff. Staff have prepared an Agreement with Mr.
Ryan (Attachment 5) to provide his services on an "as-required basis" to the end of
2018 which marks the end of the construction phase of the Project. At that time, the
need for and the responsibilities of the PVP resource person would be reassessed.
4.0 FUNDING FOR THE PVP RESOURCE PERSON
4.1 As indicated by the letters from PHAI MO, the federal government is not willing at this
time to provide the funding to the Municipality to retain a PVP resource person. PHAI
MO staff have been involved and assisted with the drafting the PVP Resource Person's
role and responsibilities. Discussions will continue with the PHAI MO with regard to the
funding of the PVP resource person.
4.2 It will take some time to determine whether the PHAI MO will consider paying for a
resource person hired by Clarington. It must be demonstrated that having an
independent resource person for Port Granby residents will address their specific issues
and frustrations that have been expressed with respect to the PVP Program.
REPORT NO.: PSD-077-10
PAGE 6
4.3 Until it can be determined whether the PHAI MO will fund the position, Clarington will be
responsible for the costs of the PVP resource person. Funding for the PVP resource
person could be drawn from the Port Granby LLRW Agreement Reserve Fund. This
Reserve Fund has been accrued from the interest on the Port Granby payment to the
Municipality, over and above the support provided to the general tax rate in any given
year.
4.4 The Director of Finance has recommended that a specific amount be set aside from the
Reserve Fund. Should additional funds be required in the future, Council would have tc
approve an additional allocation from the Reserve Fund.
4.5 At this time it is very difficult to determine the actual amount that will be required for the
PVP Resource Person; however, given the number of properties involved and the
number of sales that the area has seen since 2001, when the PVP Program was
initiated, we are recommending $25,000 be set aside at this time. The PVP resource
person will be paid on an hourly basis plus disbursements but only for time worked.
4.6 The Agreement (Attachment 5) with the Ryan Realty Services Ltd. will require the
waiving of the Purchasing By-law. In this case we are recommending a sole source
because the individual brings a unique blend of local knowledge, facilitation skills and
understanding of the real estate market and processes. In addition, the contract is
envisioned to carry on until the project construction completion (2018). The Manager of
Purchasing was involved in the meetings with the PHAI MO and the recommended
resource person and concurs with this Report.
5.0 CONCLUSIONS
5.1 In Staffs opinion, the frustration and stress with the PVP program being experienced by
Port Granby area residents is a socio-economic impact directly attributable to the Port
Granby project. As such, the mitigation of these effects is the responsibility of the
federal government. It is Staff's intention to initiate discussions with the federal
government at some time in the future regarding compensation for the resource person
on the same basis as that for the municipal peer review team.
5.2 The Director of Finance, Director of Corporate Services and the Municipal Solicitor have
provided advice with regard to their areas of expertise and responsibilities as noted in
this report.
Staff Contact: Janice Szwarz
Attachments:
Attachment 1 - PVP Program Area
Attachment 2 - Letter from Gerry Mahoney
Attachment 3 - November 27, 2009 Letter from Christine Fahey
Attachment 4 - June 3, 2010 letter from Christine Fahey
Attachment 5 -Consultant Services Agreement
Attachment 6 - By-law
REPORT NO.: PSD-077-10 PAGE 7
List of interested parties to be advised of Council's decision:
Neil Ryan
Dave Hardy, Hardy Stevenson and Associates Limited
Christine Fahey, Port Hope Area Initiative Management Office
Eugene Todd, Municipality of Port Hope
Dave McCauley, Natural Resources Canada
Gerry Mahoney, South East Clarington Ratepayers Association
Attachment 1
To Report PSD-077-1 ~
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838
To: Patti Barrie, CMO
Municipal Clerk
Municipality of Clarington
Bowmanvlllle, ON.
From: Gerry Mahoney
South East Clarington Retepeyeri Assoelatlon
RE: Port Granby Protect
Draft EA Screening Report
Council Meeting planned }or October 19, 2009
Dear Ms Bartle,
OCT ~ 51009
'IBOCT09at 8~24~39
Attachment 2
To Report PSD-077-10
During a meeting last night et the Newtonvllle Town hall of the Port Granby
Project Discussion Group a serlow lesw was raked by our members.
Speclflcalty, the unsatisfactory ax~ppperrllencea of three of our members related to
the Property Valwtlon Program. dmong those attending last nlghfs meeting
wero coin ncillora Trlm and Robinson and Mayor Abernethy. Their
recommendation weays to formally submit our associffilon s propposal }or remedy
and ssuuggemd~l write togyo~ur ~I~a Immuswdlate~ to enauro sulpdu thf~~
139th ags'rfde. Our proposal (read aloudyat last nlghYs meeting) Is
attached.
Thank you,
o= jf
Gerry Mahoney ,ate"'-f7
u[cmr ° Sao nu
soma,
o rsas a ~ c ~
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1o~Raaasaa u~ oasts
'e'xta ~ a~~ ~ AIW
o Doer-
PROBLEM: Throe members of our aesaclatlon have had serious Issues wtth the
Port Granby Program as they go through the process of selling their homes.
PROPOSAL: We request that a resource parson be avallabb to assist the
vendor In dealing with the Low Level Offbe, current managers of the program.
This person would act as a guide to assist the home seller and their reattor In
dealing with this agency of the federal government to ensure fairness, ease end
transparency (lacking at this time).
This person would Ideally be from Clarington (~ Port dope) and be a
professional' such as those used by General Motors and other major
corporations to ease the treuma of family moves due to company employee
trans}ere. This person would be employed as a munlclpel consultant on an 'as
needed heals' and would Involve Clarington on an hourly basis.
COMMENT: Dear Mayor Abernethy and counclllore; this would rat to a great
expense to our munlclpellty as only three people have moved or wish to sell
during the past yser. I balleve that Tor a very small cost, Juatke would be ensured
for these of our members whose property Beare the stigma of a nuck~ar waste
dump next door.
Attachment 3
To Report PSD-077-10
~' AECL EACL
Decommissioning&Waste Management chark x;veaaboramries Laboratoires de Chalk Rive:
Port Hope Area Initiative Management Office Check River, Onteno
caoaaa xot uo Chalk Aiver (Ontario)
caneaa xoa uo
Tel (613) 584-33I l T81 (fi13) 584-3311
UNRESTRICTED
CAF-2009-054
File: 4502-513710-021-000
2009 November 27
Mr. Franklin Wu
Chief Administrative Officer
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
Clarington Resolution #GPA-570-09 -Port Granby Project
Dear Mr. Wu:
This letter is sent in response to the subject Clarington Resolution that an independent resource
person be appointed to represent and assist the home seller and their realtor in dealing with the
Property Value Protection Program (PVP).
The PVP Program is an integral part of the Port Hope Area Initiative (PHAI) project to clean up
the historic low-level radioactive waste in the municipalities of Clarington and Port Hope. The
PVP Program has been in place for eight years and is fulfilling the purpose set out in the Legal
Agreement for the clean up [1].
The PHAI Management Office is the organization responsible for the administration of the PVP
Program on behalf of the Government of Canada. In response to the motion passed at
Clarington's 2009 October 26a` Council Meeting, we request the opportunity to appear at an
upcoming General Purpose and Administration meeting, preferably in 2009 December. At that
time, we propose to outline for Council and Municipal Staff the main elements of the PVP
Program and to discuss the experience to date.
We also propose to continue to meet with potential users of the program, including the members
of the South East Clarington Ratepayers Association (SECRA), to review the purpose and scope
of the PVP Program and the steps required to file or appeal a compensation claim.
F. Wu~ zoos-osa
We believe that a greater understanding of the PVP Program will help to address concerns
recently expressed by Council and SECRA. We are committed to a fair and transparent process
that is straightforward to use and meets the obligations of the Legal Agreement.
In closing I wish to draw your attention to the fact that earlier this year, the PHAI Management
Office succeeded the Low Level Radioactive Waste Management Office in the role of leading the
PHAI. We respectfully request that you update your files to reflect this change. Our mailing
address remains 5 Mill Street South, Port Hope, Ontazio, L1A 256. Our phone number remains
(905) 885-0291.
Sincerely,
C ~~ ~7~ U
Christine Fahey
Project Director
PHAI MO
c. J. Szwarz, Senior Planner, Munici ali of Clazington
D. McCaule ,Director, Uranium & Radioactive Waste Division, Natural Resources Canada
R. Neufeld, Manager, Stakeholder Relations & Communications, PHAI Mana ement Office
G. Mahone ,South East Clarin on Rate a ers Association SECRA
>PHAI Files
[1] Legal Agreement, Agreement for the Cleanup and the Long-term Safe Management of
Low-Level Radioactive Waste Situate in the Town of Port Hope, the Township ofHape and the
Municipality of Clarington, plus approved amendments, originally signed 2001.
Attachment 4
To Report PSD-077-10
AECL
EACL
Decommissioning & Waste Management
Port Hope Area Initiative Management Office
Chalk River Laboratories
Challr River, Ontario
canaaa xo7 uo
Tel (613) 584-331 I
Labora[oires de Chalk Rivcr
Chalk River (Ontario)
Canada KO! 170
Tel (613)584-3311
UNRESTRICTED
File:4502-513710-021-000
CAF-2010-032
2010 June 3
Ms. Janice Szwazz
Senior Planner
Municipality of Clarington
40 Temperance Street
Bowmanville, ON
L1C 3A6
ESTABLISHMENT OF A RESOURCE PERSON TO ASSIST WITH
THE PROPERTY VALUE PROTECTON PROGRAM
Dear Ms. Szwarz:
Further to my letter sent in response to Clarington resolution #GPA-570-09 [1], the presentation that was
given to Clarington Council on 2009 December 7, and recent exchanges between the PHAI Management
Office (MO) and Clazington, I offer the responses to your request for the MO's views on the following
three questions:
a) Will the PHAI MO provide and pay for a resource person?
The PHAI MO already provides qualified and knowledgeable resources to aid and assist users and
potential users of the Property Value Protecfion (PVP) Program. The PHAI MO does not propose to
provide another resource person at this time. It is also noted that the citizens represented by the
Southeast Clarington Residents Association (SECRA) have made it cleaz that any resource person
assigned should be independent of the PHAI MO.
b) Will the PHAI MO pay for a resource person hired by Clarington?
The PHAI MO may consider paying for a resource person hired by Clarington if it can be demonstrated
that this approach will address the specific issues the residents of Port Granby have expressed with the
PVP Program. The PHAI MO would seek assurance from Clarington that such a resource person would
be utilized by Port Granby residents and would work cooperatively with the PHAO MO's PVP Program
staff. Additionally, the PHAI MO would require input into Clarington's job description for the resource
person; i.e, the roles and responsibilities, to ensure there is no conflict of interest introduced vis-~-vis the
federal requirements for the PVP Program and the professional regulatory requirements for the real
estate and appraisal industries. The PHAI MO would also expect to be consulted, in advance, regarding
the proposed status of the position (e.g. contract, full-time, part-time) in order that the potential costs of
.1. Swa1.ZCAF-2014032
UNRESTRICTED
the position that would be invoiced to the PHAI MO can be determined and assessed. Our staff is
willing to provide support to the Municipality of Clarington on these matters as early as next week.
(c) Will the PHAI MO work with a resource person that is hired by and paid for by Clarington?
The PHAI MO would be pleased to work with a PVP Program resource person hired by and paid for by
the Municipality of Clazington, provided the utilization, cooperation and job description requirements
noted in (b) above can be satisfactorily addressed. Again, our staff is willing to provide support [o the
Municipality on these matters as early as next week.
In closing, I recognize that there are other concerns relating to the PVP Program that some Port Granby
residents would like to see addressed. Based upon the material you have provided to the PHAI MO
from your discussions with SECRA, responses to several of its key concems have been prepared and it
would be helpful to have an opportunity to discuss them with Clarington and SECRA. It is also noted
that several of the other issues raised by SECRA maybe more appropriately addressed during the
Environmental Assessment Follow-up consultations, which are expected to begin later this year.
Please do not hesitate to contact me (905-885-8323) or Bob Neufeld (905-885-6197) to discuss this
matter further.
Regards,
c' A
Christine Fahey
Project Director
Port Hope Area Initiative Management Office
CF/amc
REFERENCE
[1] Letter, C. Fahey to Mr. Franklin Wu, Clarington Resolution #GPA-570-09 -Port Granby Project,
2009 November 27, 4502-513710-021-000.
c. R. Neufeld D, McCauley >PHAI Files
Attachment 5
To Report PSD-077-10
THIS INDEPENDENT CONSULTANT AGREEMENT is made as of the day of , 2010
BETWEEN:
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
(the "Municipality")
- and -
RYAN REALTY SERVICES LTD.
(the "Company")
WHEREAS the Municipality has called for proposals for the provision of services; and
WHEREAS the Company has offered to supply such services upon the terms and conditions
contained in this Agreement.
NOW THEREFORE the Municipality and the Company agree as follows:
Background
From the 1930s to the 1980s, low level radioactive waste resulting from the refining of radium
and uranium in Port Hope was deposited at various locations in Port Hope and in a waste
management facility located near the community of Port Granby in the Municipality of Clarington.
The Government of Canada has assumed responsibility for the cleanup and management of
these wastes, and in 2001 entered into a Legal Agreement with the Municipalities of Clarington
and Port Hope to implement local solutions for the management of the wastes.
The undertaking defined by the Legal Agreement is known as the Port Hope Area Initiative, with
two separate projects -the Port Granby Project ("the Project') and the Port Hope Project. The
two Projects are proceeding independently through the federal approvals process, including
Environmental Assessment (EA) and licensing by the Canadian Nuclear Safety Commission
(CNSC). The "Proponent" for both Projects is the Port Hope Area Initiative Management Office
(PHAI MO), which is a division of Atomic Energy of Canada Limited (AECL).
The Environmental Assessment for the Port Granby Project began in 2002 and culminated in
2009 with Clarington Council's acceptance of the EA Screening Report issued by the
Government of Canada (Phase 1). The Project, as defined by the Environmental Assessment
Study Report and the EA Screening Report, involves the excavation of the waste and its
relocation and long term storage in an engineered mound to be constructed to the north of the
existing waste management facility (Phase 2), followed by a Maintenance and Monitoring Phase
over the long term (Phase 3).
A licence from the CNSC is required in order for the construction of the Project to proceed
(approximately 2012-2018) and the Maintenance and Monitoring Plan (2019 and beyond) to be
implemented. PHAI MO has initiated the detailed engineering work required in order to obtain
these approvals.
The Property Value Protection (PVP) Program is a key element of the Legal Agreement and is
one of a broad range of measures established by the Proponent to mitigate the impacts of the
Project on the surrounding Port Granby community. The Program is intended to ensure that
homeowners selling their homes within a defined area are not financially disadvantaged by the
activities of the Port Nope Area Initiative. To do this, the Program determines the unaffected fair
market value of the property (as if the Initiative does not exist) and compensates the seller for
the difference between the unaffected value and the selling price.
In response to a request from residents who live in the vicinity of the Port Granby Project,
Clarington Council has decided to retain an independent resource person to assist residents
who are selling their homes in their dealings with the PVP Program.
Interpretation
In this Agreement,
"Resource Person" means Neil Ryan of Ryan Realty Services Ltd.; and
"Project Services" means the services that are to be performed by the Company in
accordance with this Agreement.
A recital, schedule, annex or a description of the parties forms part of this Agreement.
3. In this Agreement, unless a contrary intention appears, words imparting a gender include
any other gender and words in the singular include the plural and vice versa.
4. Clause headings in this Agreement are for the convenience of reference only and have
no effect in limiting or extending the language of the provisions to which they refer.
5. This Agreement shall be governed by the Laws of the Province of Ontario.
Entire Agreement
This Agreement constitutes the entire agreement between the Municipality and the
Company in relation to the Project Services and any previous correspondence is
expressly excluded.
Term
This Agreement shall come into effect on the date that the by-law approving the
Agreement has been passed by the Council of the Municipality and shall terminate on
December 31, 2018 unless extended by mutual agreement of the Municipality and the
Company.
Termination
Either the Municipality or the Company may terminate this Agreement at any time by
giving the other 30 calendar days' written notice of such action.
9. If one party gives written notice to the other of a breach of this Agreement and the
breaching party fails to cure said breach within 10 days, the non-breaching party may
terminate this Agreement.
2
Project Services
10. The Company shall be responsible for the provision of services related to acting as a
resource person for Clarington residents in their dealings with the Property Value
Protection Program. Only those residents with property located in the Clarington portion
of the Property Value Protection Area as defined by the Legal Agreement are eligible to
use the services of the Resource Person. The responsibilities of the Resource Person
are as follows:
a) Consult with the home owner prior to the listing of a property.
The Resource Person shall assist the home owner in reviewing the market
analyses prepared by prospective realtors, and provide advice on a reasonable
list price and whether an appraisal should be undertaken at the time of listing.
b) Provide an oversight role in the property appraisal process.
The PVP Program will undertake an appraisal once a property has been on the
market for the period prescribed by the PVP Program (one-and-a-half times the
average days on market), and when an offer to purchase is submitted.
The Resource .Person can assist the home owner in discussions with PVP staff
regarding the contracting of an appraiser to ensure the home owner is confident
of and comfortable with the appraisal process.
The Resource Person shall review the appraisal report with the PVP office, and
be able to question the appraiser directly if required. The Resource Person shall
review and discuss the appraisal report with the homeowner and seek further
clarification from the appraiser if necessary.
c) Provide ongoing support to the home owner during the listing period.
The Resource Person shall provide ongoing support and advice to the seller
throughout the duration of the listing, and facilitate discussions with the PVP
Program office when necessary and if requested by the home owner.
d) Provide advice and support to the home owner during the appeal process.
The Resource Person would provide advice to the home owner if they are
dissatisfied with the compensation being offered by the PVP Program, and assist
the home owner during the appeal process.
11. Services shall be provided primarily in the Port Granby area and at the PVP Program
office in Port Hope.
12. The Company shall use all reasonable efforts to complete within any agreed upon time-
framethe performance of all Project Services.
3
Reporting Relationship
13. When service is requested by a home owner, the Municipality shall be informed that the
Resource Person will be providing service. The rights to privacy of the home owner shall
be protected.
14. If the Resource Person believes the service requested is above and beyond that typically
provided, in consultation with the Municipality, the Resource Person shall have the right
to refuse to provide these additional services.
15. The Resource Person shall be Neil Ryan unless otherwise agreed to by the Municipality
in advance of any services being rendered.
Fees and Expenses
16. The Company shall provide its services on an "as required" basis at the following hourly
rate up to and including March 31, 2011:
• Mr. Neil Ryan $150.00 per hour.
17. Billable time shall start from the time of leaving the office.
18. The Company shall not mark up fees or expenses.
19. On April 1 of each applicable year, fees shall be increased pro rata with the increase in the
Consumer Price Index (CPI) (all items) for Toronto with February 1st of the previous year as
the base date and the increase for the coming year to be based on the increase, if any, in
the CPI from November 1 to November 1.
20. Expenses shall be billed by the Company to the Municipality at cost. Travel expenses
will be billed at the Municipality's travel rate or $0.52 per kilometre whichever is higher.
This rate will be adjusted annually to reflect the Municipality of Clarington's approved
mileage rate.
21. GST, HST and other applicable taxes are additional to the rates quoted in this
Agreement and shall be itemized separately on all invoices. Invoices shall be presented
to the Municipality monthly in arrears.
Assignment and Subcontracting
22. The Company may not assign or transfer this Agreement or any interest therein, or
subcontract any portion of the work, without the prior written approval of the Municipality.
Insurance
23. The Company, at its sole cost and expense, shall insure its activities in connection with
the work under this Agreement and obtain, keep in force, and maintain insurance as
follows:
(a) Comprehensive General Liability Insurance including premises and all operations.
This insurance coverage shall be subject to limits of not less than $3,000,000
inclusive per occurrence for third party Bodily Injury and Property Damage or such
coverage or amount as may be requested. The policy shall include the
Municipality as additionally named insured in respect of all operations performed
by or on behalf of the Company. A certified copy of such policy shall be provided
to the Municipality prior to commencement of the work.
(b) Business Automobile Liability Insurance for owned, scheduled, non-owned, or
hired automobiles with a combined single limit not less than $1,000,000 per
occurrence; and
(c) Professional Liability Insurance with a limit of $1,000,000 per occurrence. If this
insurance is written on a claims-made form, it shall continue for three years
following termination of this Agreement. The insurance shall have a retroactive
date of placement prior to or coinciding with the effective date of this Agreement.
24. The insurance coverage and limits referred to above shall not in any way limit the liability
of the Company. The Company shall furnish the Municipality with certificates of insurance
evidencing the compliance with all requirements prior to commencement of work under
this Agreement. Such certificates shall,
(a) provide 30 days advance notice to the Municipality of any modification, change, or
cancellation of any of the above insurance coverage;
(b) indicate that the Municipality has been endorsed as an additionally named
insured under the coverage referred to in clause 23(a); and
(c) include a provision that the coverage shall be primary and shall not participate
with nor be excess over any valid and collectible insurance or program of self
insurance carried or maintained by the Municipality.
Confidentiality
25. The Company shall treat as such all confidential proprietary information obtained from
the Municipality in the course of the engagement and will not use such information
except in connection with the performance of its services hereunder, subject to the
provisions of the Municipal Freedom of Information and Protection of Privacy Act.
Non-waiver
26. Waiver or non-enforcement by either party of a term or condition shall not constitute a
waiver or anon-enforcement of any other term or condition or any subsequent breach of
the same or similar term or condition.
Changes to this Agreement
27. Changes to this Agreement shall only be made by agreement in writing by both parties.
Independent Contractor
28. The services defined in this Agreement will be performed by the Company as an
independent contractor at arms length from, and not as an employee of, the Municipality.
Notice
29. Any notice, or any other thing to be given or delivered pursuant to this Agreement, shall
be deemed properly given if delivered personally or if mailed by registered mail or if
transmitted by facsimile or other form of recorded communication as follows:
(a) if to the Company:
Mr. Neil Ryan
Ryan Realty Services Ltd.
39 Westmore Street
Courtice, ON L1 E 2H7
T: 905-434-5128; F: 905-433-8735
(b) if to the Municipality:
Director, Planning Services Department
The Municipality of Clarington
40 Temperance Street
Bowmanville, ON L1C 3A6
T: 905-623-3379 F: 905-623-0830
(c) such other address of which the party to be notified shall have given written
notice to the other party in accordance with the aforementioned.
30. Any notice delivered to the party to whom it is addressed as provided above shall be
deemed to have been given and received on the day it is delivered at that address,
provided that if that day is not a business day, then the notice shall be deemed to have
been given and received on the first business day next following that day. Any notice
mailed shall be deemed to have been given and received on the third business day next
following the date of its mailing. Any notice transmitted by facsimile or other form of
recorded communication shall be deemed given and received on the first business day
after its transmission.
31. In the event of postal disruption, notice must either be delivered personally or sent by
facsimile transmission or other form of recorded communication.
IN WITNESS WHEREOF the Municipality and the Company have signed this Agreement.
RYAN REALTY SERVICES LTD.
Mr. Neil Ryan, CRA
Principal
Ryan Realty Services Ltd.
Date
Ms. Diane Ryan Date
Secretary/Director
Ryan Realty Services Ltd.
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
Mr. Jim Abernethy
Mayor, Municipality of Clarington
Date
Ms. Patti Barrie
Clerk, Municipality of Clarington
Date
Attachment 6
To Report PSD-077-10
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010 -
being a By-law to authorize a contract between the Corporation of the
Municipality of Clarington and Ryan Realty Services Ltd. Courtice,
Ontario, to enter into an agreement for Consulting Services for a Property
Value Protection Program Resource Person for the Port Granby Long-
Term Low-Level Radioactive Waste Management Project
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY
ENACTS AS FOLLOWS:
1. That the Mayor and Clerk are hereby authorized to execute, on behalf of
the Corporation of the Municipality of Clarington, with the Corporation
Seal, a contract between Ryan Realty Services Ltd., Courtice, Ontario,
and said Corporation; and
2. THAT the contract attached hereto as Schedule "A" form part of this By-
law.
By-law read a first time this day of 2010
By-law read a second time this day of 2010
By-law read a third time and finally passed this day of 2010
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk