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HomeMy WebLinkAbout2010-076THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010 - 076 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 28th day of June, 2010 By-law read a second time this 28th day of June, 2010 By-law read a third time and finally passed this 28th day of June, 2010 THIS INDEPENDENT CONSULTANT AGREEMENT is made as of theo25day of ~u'cc~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 Claringfon and Port Hope to implement local solutions for the management of the wastes. The undertaking defined by the Legat 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 Hope 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, Clartngton 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 1. 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. 2. 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 6. This Agreement constitutes the entire agreement between the Municipality and the Company in relatiori to the Project Seniices and any previous correspondence is expressly excluded. Term 7. 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 8. 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. 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 rf 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- frame the 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 4 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 ornon-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 L1E 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 noted 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 Mr. Neil I Principal Ryan R~ LTD. Ms. Diane Ryan Secretary/Director Ryan Realty Services Ltd. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Mr. of Clarington Date ~- u ~a~l Date August 25, 2010 Date August 25, 2010 Date of Clarington 7