CITY OF TIMMINS BY -LAW NO

Transcription

1 i CITY OF TIMMINS BY -LAW NO BEING A BY -LAW to authorize The Corporation of the City of Timmins to enter into an agreement with Planning and Management respecting the Culture, Tourism and Recreation Master Plan WHEREAS Council of The Corporation of the City of Timmins considers it desirable to enter into such an agreement with Planning and Management. NOW THEREFORE THE Council of The Corporation of the City of Timmins enacts the following as a By -law: 1. THAT The Corporation of the City of Timmins enter into an agreement with Planning and Management respecting the Culture, Tourism and Recreation Master Plan, in the City of Timmins, for the sum of $277, 904 plus HST, a copy of which agreement is attached hereto and marked as Schedule "A" to this By -law. 2. THAT the Mayor and Clerk be and are hereby authorized to execute the said agreement on behalf of the Corporation and to affix thereto the Official Seal of the Corporation. READ a first, second and third time and finally passed this 15th day of April, MAYOR' Tom Laughren Mayor Cityof Timmins CLERI( v

2 Nanning and Management Pagel CONTRACT FOR PROFESSIONAL SERVICES: TIMMINS CULTURE, TOURISM AND RECREATION MASTER PLAN, Between Planning Services Inc. 26 Dalhousie Street Toronto, Ontario M5B 2A5 Ph: ext. 20 Fax: Hereinafter referred to as ' ' and/ or' the Consultant'. And The Corporation of the City of Timmins. 220 Algonquin Blvd. East Timmins, ON P4N 1B3 Ph: Hereinafter referred to as ' the City' and/ or' the Client'. Collectively, and the City are referred to as the Parties. PREAMBLE Planning and Management( ) is the trade name of Planning Services Inc., a company registered in Ontario. This agreement is provided in addition to our Proposal for Consulting Services to Develop a Culture, Tourism and Recreation Master Plan dated, January 23, The contents of this agreement should be read in conjunction with the revised Request for Clarification Letter, dated April 2, 2013 which is attached as Schedule A to this agreement. This Agreement supersedes all prior communications, undertakings and agreements, written or oral made between the Parties. Amendments to this Agreement must be in writing, signed by both the Client and Planning and Management. SCHEDULES Attached to this agreement are the following schedules: Schedule A: Letter of Clarification; and Schedule B: Original Proposal dated January 23, 2013 Ontario: ) HST No:

3 Manning and Management Page2 AGREED FEES AND DISBURSEMENTS This Agreement includes the provision of services as outlined in Schedule B ( Budget Template per original proposal) as adjusted in the aggregate by Schedule A. The revised upset budget per Schedule A is replicated below, and includes all fees and disbursements comprised in each of the tourism, recreation and culture plans. The upset budget is as follows excluding HST: Plan Professional Fees Travel Estimate Additional Total Estimate Disbursements Tourism Master 82, , , Plan Culture Master Plan 68, , , , Recreation Master 99, , , , Plan TOTAL 249, , , , The applicable staff rates for the assignment are as follows: Planning and Management Jonathan Hack, Director: Patty Mah, Financial Analyst: 130 Kimberly Wilmot, Consultant: 110 Tamara Bangura, Consultant: Tina Noble, Administration & Research GIS technician: Translation Services 200 per hour($ 1, 500 per day) per hour($ 975 per day); per hour($ per day); 100 per hour($ per day); 80 per hour($ per day); 80 per hour($ per day); and 60 per hour($ per day). PKF Consulting Fran Hohol, Principal: Rebecca Godfrey, Consultant: 200 per hour($ 1, 500 per day) 100 per hour($ 750 per day) Fees are billed based on the above rates within the upset budget for fees indicated herein. Ontario: ) HST No:

4 Planning and Management u Page 3 SCOPE OF WORK This agreement covers the scope of work as described in the Proposal by dated January 23, 2013 and attached as Schedule B), as amended ( Schedule A). CHANGE ORDERS Upon receipt of notice from the Client of a requested change in the scope of the work hereunder, will promptly notify the Client of any estimated impact on the schedule, price or terms of this Agreement resulting from such a change. The parties agree to expeditiously negotiate any such changes to this Agreement and to promptly execute any such agreed upon amendments to this Agreement. PROJECT- RELATED INFORMATION In performance of its duties under this contract, may require full access to background reports regarding the development of a Culture, Tourism and Recreation Master Plan. The Client shall make available to all relevant information, data and documents under its control regarding the proposed project. PAYMENT amount of 10% of the project fees and disbursement upset budget. Subsequently, the initial fee and Invoices will be submitted by Planning and Management on a period by period basis, where a period constitutes a calendar month, and will be due and payable within 30 days of the invoice date. OWNERSHIP RIGHTS All reports, drawings, plans, designs, and documents produced by and its sub- consultants, shall become the shared property of the Consultant and the Client. The consultant shall not use this material for any other purpose than to perform the services required under this contract without the express authorization of the Corporation of the City of Timmins or its agent. Ontario: ) FIST No:

5 Planning and Management d11 1:; ::, rsp, 00 Page 4 STANDARD OF CARE In the performance of professional services, will use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of its profession practicing in the same or similar localities. makes no warranties, either expressed or implied, as to its professional services rendered under this Agreement. INSURANCE will maintain Errors and Omissions Liability insurance and Commercial General Liability insurance throughout the term of this Agreement, and for a period of at least one( 1) year thereafter. Upon execution of this agreement, the Corporation of the City of Timmins will be added as a named insured on the above noted insurance policies held by. SUBCONSULTANTS The use of a sub- consultant is provided for in this agreement, and further specified as PKF Consulting. will, as lead consultant, be responsible for the contract for services with PKF Consulting which will be executed between PKF and directly. Further, PKF will maintain the necessary professional and commercial general liability insurance in the same manner and extent as. LIMITATION OF LIABILITY Notwithstanding any other provision of this Agreement, the total liability, in the aggregate, of, its officers, directors and employees or any of them to the Client, for any and all claims, losses, costs, demands, damages, including solicitors' fees, expert witness fees and costs of any kind arising under or related to this Agreement or any services provided hereunder, whether based in contract or tort, shall not exceed the total coverage provided for in the Errors and Omissions Liability insurance and Commercial General Liability insurance policies which it has undertaken by the terms of this agreement to maintain throughout the term of this agreement. All claims by the Client shall be deemed relinquished unless filed within one ( 1) year after substantial completion of the services rendered under this Agreement. ' s liability shall be absolutely limited to direct damages arising out of the services provided under this Agreement and shall not be liable in any way for any consequential or indirect loss, injury or damages of any kind incurred by the Client, including but not limited to loss of profits, loss of income or loss of use of property. Ontario: ) FIST No:

6 Planning and Management uuuit2 et eltp! id! itaa iil!?it Pages AUTHORIZATION TO SIGN The person signing this contract as, or on behalf of, the Corporation of the City of Timmins warrants that s) he has the full authority to sign as, or on behalf of, the Corporation of the City of Timmins for whose benefit ' s services are rendered. DELAYS Client agrees that shall not be liable for any damages arising, directly or indirectly, from any delays due to causes beyond or the Client' s reasonable control. TERMINATION The Client may terminate this Agreement, in its sole and absolute discretion, where the Consultant demonstrates a failure to perform its duties as established in the schedules to this Agreement, or through negligence or for any other reason as demonstrated in writing by the Client. Where the work of the Consultant is deemed unsatisfactory, the Consultant shall be granted a period of time as determined by the Client, to remedy the services to a satisfactory standard. The Client shall pay to, the amount of fees for services rendered and associated disbursements, to the time of termination. may terminate this Agreement upon at least twenty eight ( 28) calendar days' notice to the Client, in the event that (a) the Client fails to perform any of its obligations hereunder, including payment of fees for service, in a timely manner, or( b) the parties fail to promptly reach agreement on the compensation and schedule adjustments necessitated by requested changes to the scope of the work hereunder. In the event of such termination by, the Client shall pay to, the amount of fees for services rendered and disbursements incurred hereunder to the time of termination. ASSIGNMENT Neither the Client nor shall assign its interest in this Agreement without the prior written consent of the other. GOVERNING LAWS This Agreement shall be governed by the laws of Canada and the Province of Ontario, and any legal proceedings arising out of this Agreement shall be brought in a court of competent jurisdiction in the Province of Ontario. Ontario: ) HST No:

7 Planning and Management L1tle; i' ein. Page 6 Agreement May 1, 2013 In witness, therefore, executed as follows: On behalf of Planning and Management On behalf of the Corporation of the City of Timmins. Date: May 1, 2013 Dte: May 1, 2013 Jonathan Hack, Director Planning and Management Joe Torlone The Corporation of the City of Timmins Ontario: ) HST No:

8 CITY OF TIMMINS BY- LAW NO BEING A BY- LAW to authorize The Corporation of the City of Timmins to enter into an agreement with Planning and Management respecting the Culture, Tourism and Recreation Master Plan WHEREAS Council of The Corporation of the City of Timmins considers it desirable to enter into such an agreement with Planning and Management. NOW THEREFORE THE Council of The Corporation of the City of Timmins enacts the following as a By- law: 1. THAT The Corporation of the City of Timmins enter into an agreement with Planning and Management respecting the Culture, Tourism and Recreation Master Plan, in the City of Timmins, for the sum of $ 277, 904 plus HST, a copy of which agreement is attached hereto and marked as Schedule "A" to this By- law. 2. THAT the Mayor and Clerk be and are hereby authorized to execute the said agreement on behalf of the Corporation and to affix thereto the Official Seal of the Corporation. READ a first, second and third time and finally passed this 15th day of April, SGD) THOMAS B. LAUGHREN MAYOR CERTIFIED TRUE COPY OF BY- LAW NO CLERK SGD) R. J. WATSON CLERK