HomeMy WebLinkAbout04 146 agreement mallot cr
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THE CORPORATION OF THE MUNICIPALITY OF KINC INE
BY-LAW
NO. 2004 -146
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AG EEMENT WITH
MALLOT CREEK STRATEGIES INC. TO CONDUCT A FEA IBILlTY STUDY
TO LOCATE A MUL TI-5PECIES PROCESSING FACILITY WITHIN THE
MUNICIPALITY OF KINCARDINE
WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 5, as amended,
provides that a lower- tier municipality has the power to pass by-laws under the sphere
of jurisdiction of economic development services;
AND WHEREAS pursuant to the said Municipal Act, Sections 8 and (1) municipalities
are provided with the powers of a natural person to enable them to ovem their affairs
as they consider appropriate and to enhance their ability to respond to unicipal issues;
AND WHEREAS the Council for The Corporation of the Municip lity of Kincardine
deems it advisable to conduct a feasibility study to identify the future arl<et potential for
a fully integrated multi-species processing facility in the Municipality 0 Kincardine and to
determine preferred processing options;
AND WHEREAS the Council for the Corporation of the Municipality of Kincardine deems
it advisable to accept a Request for Proposal as submitted by Mallo Creek Strategies
Inc. as attached to this by-law as Schedule "A" to conduct such a feasi ility study;
NOW THEREFORE the Council for The Corporation of the Munici
ENACTS as follows:
1. That the Council for The Corporation of the Municipality of Kin rdine accept the
proposal of Mallot Creek Strategies Inc. of Fergus, Ontario in the amount of
$20,000.00, including all applicable taxes, to conduct a feasibi ity study regarding
the potential use of the energy pari< for a kill/cut facility as outli ed in the proposal
attached to this by-law as Schedule "A".
2. That the Mayor and CAO be authorized to sign, on behalf of e Council for the
Corporation of the Municipality of Kincardine, any contracts a d other documents
required to proceed with the proposal.
3.. This By-law shall come into full force and effect upon its final assage.
4. This By-law may be cited as the "Processing Facility Feasi lity Study Request
for Proposal (Mallet Creek) Acceptance By-law".
READ a FIRST, SECOND and THIRD TIME and FINALLY PASS D this 8'" day of
September, 2004.
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Mayor ,.
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No,~ 1be day
o 2004.
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PROPOSAL
FORA
FEASIBILITY STUDY REGARDING THE POTENTIAL USE OF ENERGY PARK FOR
KILL/CUT FACILITY
IN KINCARDINE, ONTARIO
Prepared for : Munidpality of Kincardine
Prepared by : MaUot Creek strategies Inc.
Date : August 20th, 2004
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1.0 INTRODUCTION
The closure of the United States border to Canadian cattle as a result of the discovery of BSE in
Alberta has led to severely depressed prices for cattle. Prices for cows and other animals over
thirty months of age have been hit particularly hard since even the processed meat from these
animals cannot cross the border. Farmers in Kincardine have felt the negative Impacts of these
lower prices considerably. As a result, the Municipality of Kincardine through its Economic
Development Committee is investigating the feasibility of constructing a multl-spede processing
facility in an effort to support local producers and the community.
This proposal addresses the wishes of the City of Kincardine to Investigate the potential for
creating processing options for beef, cow, lamb and veal producers in Ontario. Future
consideration will be given to the use of a bioreactor on Sight for the development of energy,
methane, and commercial fertilizer produced from organic waste generated by the plant.
Specifically, the purpose of this study will be to:
1. Identify the future market potential for a fully integrated multi-species processing facility
in Kincardine and detennine the processing options that will create the best results for all
involved.
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2.0 - WORK PLAN
The project has been structured so that it is comprised of five phases. This proposal only covers
the initial phase of the project. The analysis conducted through the first phase will be used to
make a recommendation on whether or not to proceed to the next phases.
Mallot Creek proposes the use of a bottom up approach to assess the opportunity for a multi-
specie processing fadlity in the Kincardine area (f/{Jure 1). This approach requires that critical
success factors in each phase be met before proceeding to the next. for example, without
adequate supply of animals for a plant, the size of the market opportunity is irrelevant. For the
purpose to Phase 1, we will primarily evaluate supply and demand, while beginning to discuss
sales and marketing options.
Figure 1
Facility
Sales & Marketing
Demand
Supply
PHAsE #1 - ANALYSIS OF THE CURRENT AND PoTEImAL MARKET
Supply:
Most critical to the feasibility of a processing facility in Kincardine is ensuring an adequate supply
of animals. An analysis of the Kincardine-, Ontario-, and Canadian-based cattle, cow, lamb, and
veal herds will include but is not limited to:
· Historical, current, and future herd sizes and their ability to supply a multi-specie
processing facility in Kincardine;
· COmpetition for supply from existing processors in the region, across the province and
Canada;
· Ability of local producers to develop a long-term, gate-to-plate supply system with the
ability to support branded meat production.
Demand:
Assessing the market opportunity and demand for a multi-specie processing facility will allow
investors to determine whether a real opportunity exists. The marketplace for the proposed
fadllty is complex and often difficult for outsiders to comprehend. Mallot Creek's understanding
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of and insight Into the protein market should prove extremely valuable in understanding the
market potential for this venture. The demand and market analysis will include:
· Based on available demographics, evaluate the potential market size for meat products
around Kincardine and throughout Canada.
· Discuss the current marketplace focusing on:
o Current branding opportunities for each protein industry,
o Competition for mar1<et access from established processors,
o Opportunities for small-niche, regionally-based processors.
o Relevant trends in retail and foodservice.
· Evaluate opportunities for grind related and industrial meat products in Canada.
Sales and Marketing:
· Based on the potential market size and opportunities identified above, develop a
recommendation for a multi-specie fadllty in the Kincardine area, including:
o Which species represent the most significant opportunity for processing based on
available supply and market demand;
o Plant volume based on available supply and market demand;
· Determine a breakeven volume for the recommended multi-specie facility based on current
operating costs and expected returns.
· Evaluate distribution options for a small-niche, regionally based processor in Ontario, Canada,
and intemationally. This will include identification of business partners that could represent
potentially profitable business relationships for the new facility.
Recommendation to Proceed:
· Based on the analysis above a recommendation will be made whether or not to proceed on
to the next phases of the feasibility study.
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3.0 BUDGET AND TIMEUNE
The required fee for Phase 1 of the analysis and report as per defined in Section 2.0 above is
$ 20,000 CDN plus any applicable taxes. This amount Includes all fees, costs and
disbursements required for the execution and completion of the analysis. This amount also
includes any required travel expenses.
FEE BREAKDOWN:
. Phase #1 . Analysis of Current and Potentiai Market $ 20,000
Deliverables: A concise report containing the information as desCribed in Phase 1 of section
3.0, Including an analysis of opportunities for processing based on available supply and
market demand; and a recommendation as to the feasibility of proceeding with Phase 2
Totai
$ 20,000
PROJECT MANAGEMENT AND TlMEUNE
Assuming that approval to proceed is received by Sept 1st, 2004, the analysis will be executed
according to the following time schedule as set by the steering committee:
Contract Issue - Phase 1 begin
Phase 1 - Preliminary Report
Phase 1 - Final Report I Decision to Proceed With Phase 2
Sept 1st, 2004
Oct. 15th, 2004
Nov 15'" , 2004
4.0 MALLOT CREEK SUMMARY
Mallot Creek has a unique set of abilities and experience at bringing together organizations to
develop a clear set of business plans and strategic objectives in order establish processing
facilities similar to that describe in this proposal. Through this experience we have developed a
strong understanding of the beef, dairy, and meat processing industry and the unique situation
faced by the various partners within those environments.
Bruce Cowper, H.BSc., M.B.A. is a principal of Mallot Creek Group Inc. and has several years
experience in the meat industry with extensive experience in marketing, trading, new product
development and business development. Mallot Creek Strategies Inc. provides consulting
services to food Industry companies' world wide in the areas of business analysis, strategic
alliances, business development, new product development and HACCP plan development for
food processing establishments.
Tlto Guglielmi, P. Eng., M.B.A. is a principal with Mallot Creek Group Inc. with several years
experience In the development, design and project management of food manufacturing
processes and processing facilities, speciflcally meat packing and processing facilities. Mallot
Creek Associates Inc. is a multi-<lisclpline consulting engineering firm providing technical services
on a consulting basis to Industrial clients throughout North America and abroad.
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6.0 Relevant Experience
Financiai Analvsis:
COnestoga Packers Inc.: Development of a financial plan as part of the overall business plan
for the purchase, upgrade and operation of Conestoga Packers in Breslau Ontario. The financial
models refiected the in-plant operation costs and developed a set of expected operating norms
and resulting pro forma financial statements. The financlals served as the basis for the
development of an offering statement and resulted In securing of both the debt and equity
portions of the project.
sturgeon COuntry Pork Inc. Developed the financial model for the establishment of a new
production facility in the Edmonton Alberta region. The financial model determined a break even
capacity and helped establish a debt package for the new facility. The new hog processing facility
has the ability to kill, cut and process pork for sales In the West.
Genex China: Initial Financial Analysis Study for the Development of a Fully Integrated Hog
Processing Facility, July 2000. established a baseline forecast for determining the fiscal viability
of GENEX CHINA building and operating a pork processing facility in China. The project strategy
was to determine a set of variables, and assumptions for these variables, to allow for as-year
hypothetical forecast.
Gencor Foods Inc: Development of a financial plan for Gencor Foods beef processing facility In
Kitchener Ontario. The financial review helped serve as a base for the development of an
operational financial plan for the new facility. The financial plan served as the basis for the
establishment of a debt package for the company purchase and start up plan.
Natural Valley Farms Inc: Development of a financial plan as part of the overall business plan
for the construction of two facilities in Neudorf Saskatchewan. The financial models refiected the
In-plant operation costs and developed a set of expected operating norms and resulting pro
forma financial statements. The financlals resulted in securing of both the debt and equity
portions of the project.
Atlantic Beef Products Inc.: Development of a financial plan as part of the overall business
plan for the construction of a new beef processing facility In PEl. The financial models refiected
the in-plant operation costs and developed a set of expected operating norms and resulting pro
forma financial statements. The financlals served as the basis for the development of an offering
statement and resulted in securing of both the debt and equity portions of the project.
strateoic Business Assessment:
Ontario Pork: The Grow Ontario Investment Program, August, 1996, was to design a template
for use by all provincial pork packers to ensure their long term viability. This project was
designed to help enhance the competitiveness of the Ontario pork Industry by assisting the
province's small to medium-sized provincially-inspected packers with a strategic assessment and
the development of a three year strategic business plan.
Ontario Pork: Vision 2000 Project, 1998 - 1999 initiative was designed to address the National
Standards that the govemment was proposing for processing plants. Ontario Pork commissioned
Mallot Creek to prepare detailed Strategic Business Analysis on a number of provincial hog
packing facilities in order to assist them in their ability to adopt the National Standards and
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provide them with HACCP recommendations and a strategic implementation plan as well as
address any barriers to growth and applicable recommendations.
Strategic Business Analysis was developed for the following companies:
· Dougherty's Meats Ltd.
· Domingo's Meat Packers Ltd.
· Frey's Custom Meats
· Highiand Packers Ltd.
· L'Orignai Meat Packing Ltd.
· Morrison's Meat Packers Ltd.
· Norfolk Packers Ltd.
· Weston Abattoir
· V.G. Packers
Feasibility Aeeessments:
Related feasibility assessments for start up meat processing facilities in Canada are:
· Progressive Pork Producers Inc. London Ontario
· Bruce Packers Inc. Paisley Ontario
· Gencor Foods Inc. Kitchener Ontario
· Atlantic Beef Product Inc. PEl
· Norfoik Packers Inc. Norfolk Ontario
· Ontario Cattlemen's Association Guelph Ontario
· Ontario Sheep Marketing Agency Guelph Ontario
The above feasibility studies analyzed the opportunities in terms of a supply, demand, sales and
marketing, facility and financing needs. While each study was unique the understanding of the
marketplace in terms of costs and associated opportunities, extensive knowledge of the pork
industry and operational structures has been gained over the past many years.
Comauter Scenario MGdels:
CostinG Models:
Ontario Pork: Developed a Hog Cut Optimization Model using user-friendly personal software
designed to cost pork primal cuts to allow the user to evaluate various cutting decisions and
'what-if scenarios and calculate plant-speciflc cut-outs. The models allows the user to break hog
carcasses In the most cost effective manner and make decisions based on plant-specific costs
and yields. The model can be modified for use with lamb, beef or any other slaughter animals.
Plant Models:
Aiberta Agrlcuiture, Food and Rural Development: Designed and developed computer
models that allow the govemment of Alberta to assess potential funding and investment into
further processing plant opportunities in order to grow Alberta's processing capabilities. The
models have the ability to analyze product lines and determine plant capacity requirements as
well as provide various financial scenarios based on changes in the plant production mix.
EnGineerinG Proiects:
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Mallot Creek provides engineering consulting services having extensive experience in the design
of primary meat slaughter and further processing facilities Including infrastructure and support
requirements for manufacturing processes (mechanical, electrical, refrigeration, sanitation, etc.).
The complement of services can address turn-key projects, providing a full range of services from
conceptual development through to detailed design, municipal, provincial and federal approvals,
construction management and start-up. Other projects have focused on specific areas of new
facility design, process design, packaging, automation, machine design, facility renovations and
expansions, project management and construction management.
Related engineering projects Include:
· West Perth Packers Mitchell, Ontario
· Coca-Cola canada "Minute Maid" Peterborough Ontario
· Maidstone Bakeries Brantford, Ontario
· Conestoga Meat Packers Breslau, Ontario
· Bruce Packers Ltd. Paisley ON
· Gencor Foods Inc. Kitchener Ontario
· Atlantic Beef Produœrs Inc. Borden, PEl
· Maple Lodge Farms Georgetown, Ontario
Mallot Creek is the Engineer of Record for Maple Leaf and Schneider facilities Including:
Maple Leaf Pork: Burlington, Winnipeg and Brandon facilities
Schneiders: Kltchener and Winnipeg
Curriculum Vitae
Bruœ Cowper, HBSc., MBA
Bruce's unique understanding of meat processing, business structure and finance and in
particular, agri-based commodity markets, gave rise to his role in establishing Mallot Creek
Strategies Inc. with fellow partner and professional engineer, Tito Guglielmi in 1996. This led to
the ability to serve a continuum of needs from initial strategic business analysis and business
plan development/investment for small, medium and large food based companies as well as
addresses their financial structure and engineering needs within one company. He has overseen
the development of strategic business analysis of federal and provincial based processors within
Canada, in Africa and the U.S.
Mr. Cowper's understanding of the commodity markets and his ability to bridge mutually
beneficial relationships has lead to successful partnerships in a number of agriculture based
sectors and within the food industry. He has held various positions with leading firms in the
Canadian industry, including Marketing Manager of Product Development for a leading Canadian
food processing company with sales approaching one billion Canadian dollars and multiple
facilities in various sectors of the food industry.
Tlto Gugiielml, P. Eng., MBA
Mr. Guglielmi has worked as a professional engineer in Canada for 25 years. Mr. Guglielmi has
held various positions with leading firms in the Canadian industry, including manager and director
of engineering for a leading Canadian food processing company with sales approaching one
billion Canadian dollars and multiple facilities in various sectors of the food industry. Mr.
Guglielmi has worked as an engineering consultant to industrial clients since 1997.
Trto possesses substantial industrial food processing design experience in meat processing,
bakery, dairy, confectionery, pharmaceutical, prepared foods and feed milling manufacturing
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sectors. He Is well versed in design, construction, and project management of refrigerated and
frozen manufacturing, storage and distribution facilities. He is also fully conversant with federal
inspection requirements and HACCP implementation.
Kerry Wright, B. Comm., RD - Director, Business Deveiopment
Prior to Kerry joining the Mallot Creek Strategies Team in July 2003, she worked in the food
Industry for 15 years, the last 5 focusing on strategic business development and marketing
emphasizing growth through product development. Kerry managed resources of over $1.5
million to assist in identifying, developing and marketing new products in the retail and
foodservice sectors. This included the task of identifying potential industry partners by acting as
liaison to develop relationships and assisted companies in expanding their business potential.
JeffTummon, BBA - Strategic Business Manager/Computer Modeling
Jeff obtained his Honours Bachelor Business Administration degree from Wilfrid Laurier
University. Jeff's understanding of business and apt computer programming skills help provide
computer model development services to Mallot Creek's clients in the areas of financial analysis,
project feasibility, and plant design. His ability to develop customized programming solutions in
relation to client needs supports Mallot Creeks' ability to respond to ever changing market and
company investment opportunities.
Aaron Hibma, HBSc., MSc. - Research and Statistical Anaiysis/HACCP Project
Manager
Aaron manages research and statistical analysis as well as historical commodity yield information
for computer modelling programs. This allows Mallot Creek to maintain an up to database to
provide current market information to our clients. Aaron's expertise in Food Safety and HACCP
complements engineering projects with the ability to develop HACCP programs, as well as
provide clients with HACCP maintenance services.
Resumes on Request
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AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
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MEMORANDUM OF AGREEMENT Dated the L.'" day of 41-. 2004
- BETWEEN -
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The Municipality of Kincardine
Hereinafter called the "Client"
THE PARTY OF THE FIRST PART
-AND-
MALLOT CREEK STRATEGIES INC.
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Hereinafter called the "Consultant"
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THE PARTY OF THE SECOND PART
WHEREAS the Client intends to
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Agreement for Professional Mallot Creek Strategies Inc. Services Between
Client and Consultant
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Identify the future market potential for a fully integrated multi-species processing facility in Kincardine and
determine the processing options that will create the best results for all involved.
The initial Kincardine analysis and presentation will consider the following elements:
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Phase #1 . Analysis of the Current and Potential Market
Supply:
Most critical to the feasibility of a processing facility in Kincardine is ensuring an adequate supply of animals. An
anaiysis of the Kincardine-, Ontario., and Canadian-based cattle, cow, lamb, and veal herds will include but is not
limited to:
· Historical, current, and future herd sizes and their ability to supply a muiti-specie processing facility in
Kincardine;
· Competition for supply from existing processors in the region, across the province and Canada;
· Ability of local producers to develop a long-term, gate-Io.plate supply system with the ability to support
branded meat production.
Demand:
Assessing the market opportunity and demand for a multi-specie processing facility will allow investors to
determine whether a real opportunity exists. The marketplace for the proposed facility is complex and often
difficult for outsiders to comprehend. Mallot Creek's understanding of and insight into the protein market should
prove extremely valuable in understanding the market potential for this venture. The demand and market analysis
will include:
· Based on available demographics. evaluate the potential market size for meat products around Kincardine
and throughout Canada.
· Discuss the current marketplace focusing on:
o Current branding opportunities for each protein industry,
o Competition for market access from established processors,
o Opportunities for small-niche, regionally-based processors.
o Relevant trends in retail and foodservice.
· Evaluate opportunities for grind related and industrial meat products In Canada.
Sales and Marketing:
· Based on the potential market size and opportunities identified above, develop a recommendation for a multi-
specie facility in the Kincardine area. inctuding:
o Which species represent the most significant opportunity for processing based on available supply
and market demand;
o Plant volume based on available supply and market demand;
· Determine a breakeven volume for the recommended multi-specie facility based on current operating costs
and expected retums.
· Evaluate distribution options for a small-niche, regionally based processor in Ontario, Canada. and
internationally. This will inctude identification of business partners that could represent potentially profitable
business relationships for the new facility.
Recommendation to Proceed:
· Based on the analysis above a recommendation will be made whether or not to proceed on to the next phases
of the feasibilltv studv.
hereinafter called the ·Project" and has requested the consultant to furnish professional services in connection
therewith;
NOW THEREFORE WITNESSETH that in consideration of the covenants contained herein, the Client and the
Consultant mutually agree as follows:
ARTICLE 1.
GENERAL CONDITIONS
Agreement for Professional Mallot Creek Strategies Inc, Services Between
Client and Consultant
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Ownership of Documents
Unless otherwise specifically agreed in a written agreement of license signed by the client, any designs,
drawings, specifications documents, materials, software, equipment and things supplied, created or produced
by the consultant in performing services paid for by the client, shall be or become and remains the client's
exclusive property. Any initial designs, drawings, specifications, documents, materials, software, equipment
and things supplied by the client, shall be and remain the client's property. The consultant shall preserve in
good condition and keep confidential such property and return it to the client upon request or completion of
the project.
The consultant may with the consent of the client publish alone or in conjunction with any other person any
articles. photographs or other Illustrations relating to the project.
1.2 Confidential Data
The consultant shall not divulge any confidential Information acquired in the course of carrying out the services
provided for herein except to those individuals or corporations necessary for the consultant to complete its
services under the terms of this agreement.
1.1
1.3 Arbitration
All matters in dispute under this agreement may with the consent of both parties be referred to arbitration by
a single arbitrator. The cost of the arbitration shall be shared equally.
No person shall be appointed to act as arbitrator who is In any way interested, financially or otherwise, in the
conduct of the work on the project or in the business or other affairs of either the client or the consultant.
The award of the arbitrator shall be final and binding upon the parties.
Successors and Assignment
This agreement shall ensure to the benefit of and be binding upon the parties"hereto and, except as otherwise
provided herein, upon their executors, administrators, successors and assigns.
1.4
If a party to this agreement who is an individual should desire to bring In a partner or partners, or if a party
. which is a partnership should desire to bring in a new partner or partners to share the benefits and obiigations
of this agreement, they may do so by properly notifying the other party In writing of such Intended action.
If a party to this agreement is a partnership, and a partner thereof either dies or retires, the remaining parties
therein shall form a new successor partnership to share the benefits and obligations of the agreement.
Except as foresaid, neither party shall assign this agreement without the prior consent In writing of the other.
1.5 Tennination and Suspension
The client may at any time, by notice In writing to the consultant, suspend or terminate the services or any
portion thereof at any stage of the underiaking. Upon receipt of such written notice. the consultant shall
perform no further services other than those reasonably necessary to close out the consultant's services. In
such event, the consultant shall be paid by the client for all services performed and for all disbursements
incurred pursuant to this agreement and remaining unpaid as of the effective date of such termination.
If the client is in default In the performance of any of the clienfs obligations set forth in this agreement, the
consultant may, by written notice to the client, require such default be corrected. If, within 30 days of receipt
of such notice, such default shall not have been corrected, the consultant may immediately terminate this
agreement. In such event, the consultant shall be paid by the client for all services performed and for all
disbursements incurred pursuant to this agreement and remaining unpaid as of the effective date of such
termination.
1.6
Records and Audit
In order to provide data for the calculation of fees on a time basis, the consultant and the sub-œnsultants shall
keep a detailed record of the hours worked by, and the salaries paid to, the consultant's staff employed on
the project.
The client may Inspect and audit the books. payrolls, accounts and records of the consultant and sub-
consultants during regular office hours with respect to any item. which the client is required to pay on a payroll
multiplier basis as a result of this agreement.
Agreement for Professional Mallot Creek Strategies Inc. Services Between
Client and Consultant
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The consultant, when requested by the client, shall provide copies' of receipts with respect to any
disbursements for which the consultant claims payment under this agreement.
Indemnification
The consultant shall indemnify and save harmless the client from and against all claims, actions, losses,
expenses. costs or damages of every nature and kind whatsoever which the client. the employees. officers
or agents of the client may suffer as a sole result of the negligence of the consultant, the employees, officers
or agents of the consultant in the performance of this agreement.
The client agrees to hold harmless, Indemnify and defend the consultant from and against any and all claims,
losses, damages, liability and costs of defence arising out of or in any way connected with the presence,
discharge, release or escape of contaminants of any kind, excluding only such liability as may solely arise out
of the negligence of the consultant in the performance of consulting services to the client within this project.
1.8 Changes and Alterations and Additional Services
After giving notice to the consultant, the client may, in writing at any time after the execution of the agreement
or the commencement of the services, delete, extend, Increase, vary or otherwise alter the services forming
the subject of the agreement, and if such action by the client necessitates additional staff or services, the
consultant shall be paid in accordance with Article 4 for such additional staff employed directly thereon,
together with such expenses and disbursements as allowed under Article 4. In the case of a reduction in the
requirement for services, any reduction in the consultant's fee will be the subject of negotiation. No such
change shall require the execution of a formal amendment to this agreement.
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ARTICLE 2.
RESPONSIBILITiES OF THE CLiEfft'
2.1
The client shan:
make available to the consultant all relevant information required by the consultant, and shall instruct the
consultant fully as to the clienfs requirements including design objectives, constraints and criteria. special
equipment and systems, site requirements and construction needs. The consultant shall be entitled to reiy
upon the accuracy and completeness of all such information and data furnished through the client or client's
consultants whether such consultants are engaged at the request of the consu!tant or not.
,2.2 when so required by the consultant engage consultants directly to perform services necessary to enable the
consultant to fully carry out his or her duties, such services to include a legal survey of the potential site, site
services data, geotechnical reports and appropriate testing if required.
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2.3
2.4
2.5
2.6
2.7
2.8
e 2.9
2.10
give the consultant authority to act as the cllenfs agent in all matters falling within the scope of the consultanfs
services.
promptly review all documentation submitted by the consultant, and inform the consultant of decisions in time
for the orderly progress of the consultanfs services and of the work.
provide payment for all fees for required consents, approvals, licenses and permits from authorities having
jurisdiction.
arrange and make provision for the consultant's entry and access to public and private property and the project
site in the performance of the duties.
arrange and pay for tender advertising and any necessary legal, financial or insurance counselling services
required for the project if required.
designate in writing a representative to have authority to transmit instructions to and receive information from
the consultant.
immediately notify the consultant whenever the client, or the clienfs representative. becomes aware of a defect
or deficiency in the work or the contract documents.
provide to the consultant all design, layout and technical specifICations available for all process equipment to
be included in the facility if required.
Agreement for Professional Mallot Creek Strategies Inc. Services Between
Client and Consultant
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~TICLE 3. MALLOT CREEK STRATEGIES iNC. SERVICES PROVIDED UNDER THIS AGREEMENT
.1 General
The consultant shall render services to the client "in a timely manner" under this agreement with that degree
of care, skill and diligence normally provided in the performance of services in respect of projects of a similar
nature to that contemplated by this agreement at the time and place that such services are rendered.
.ARTICLE 4
FEES AND DISBURSEMENTS
4.1 Project Fees
The client shall pay the consultant a fee. calculated on an hourly rate basis not to exceed the following maximum
amounts:
Feasibility study regarding a kill/cut facility in Kincardine, Ontario
Phase 1 - $ 20,000
IN WITNESS THEREOF the parties hereto have caused to be executed those present by their officers properly
authorized in that behalf on the day and year first above written.
SIGNED
For Municipality of Kincardine ~
Per: J::1.L . _ t
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Name
G u;..tnl I.. .r- ur¡..,J
/I1A'f4(t .
I have the authority to bind the corporation
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FOR MALLOT CREEK STRATEGIES INC.
per:~
Name: (Print):'" - t:.. t"-
Title: Q.~
I have the authority to bind the corporation
Agreement for Professional Mallot Creek Strategies Inc. Services Between
Client and Consultant
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