HomeMy WebLinkAbout11 095 PREDC Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2011 - 095
BEING A BY -LAW TO ENTER INTO AN AGREEMENT WITH THE
PENETANGORE REGIONAL ECONOMIC DEVELOPMENT CORPORATION
(P.R.E.D.C)
AND WHEREAS Section 8(1) and 9 of the Municipal Act, 2001, S.O. 2001, c.25
as amended, provide that the powers of a municipality under this or any other Act
shall be interpreted broadly so as to confer broad authority on the municipality to
• enable the municipality to govern its affairs as it considers appropriate and to
enhance the municipality's ability to respond to municipal issues and has the
capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it advisable to enter into an agreement with the Penetangore Regional
Economic Development Corporation (P.R.E.D.C) for the development of job
growth related economic development activities within the Municipality;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine enter into an
agreement with the Penetangore Regional Economic Development
Corporation (P.R.E.D.C.) for the development of job growth related economic
development activities within the Municipality.
2. That this agreement be exempt from Section 6.0 Purchasing Methods &
Processes and Section 7.0 Quotation/Tendering Process & Reporting
• prescribed in the Purchasing & Procurement Policy No. 2.17.
3. That the Mayor and Chief Administrative Officer be authorized and directed to
sign and execute, on behalf of the Council of The Corporation of the
Municipality of Kincardine, the agreement with the Penetangore Regional
Economic Development Corporation (P.R.E.D.C.) attached hereto as
Schedule "A" and to affix the corporate seal.
4. This By -law shall come into full force and effect upon its passage.
5. This By -law may be cited as the " P.R.E.D.C. Agreement By -law ".
READ a FIRST and SECOND TIME this 13 day of July, 2011.
ms s! 40P a- at-a'x
i& y or Clerk QU
READ a THIRD TIME and FINALLY PASSED this 13 day of July, 2011.
or Clerk
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Contracted Services Agreement
(June 15 2011 to June 14, 2012)
This AGREEMENT made this 13 day of July, 2011.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
hereinafter called the "Municipality"
of the First Part
-and -
Penetangore Regional Economic Development Corporation (P.R.E.D.C)
Hereinafter called "Contractor"
of the Second Part
WHEREAS the Municipality wishes to contract the development of job growth
related economic development activities to the Contractor;
AND WHEREAS the Municipality wants the Contractor to coordinate their
activities with both the Business Improvement Association and the Chamber of
Commerce;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT the parties
hereto agree as follows:
1.0 DEFINITIONS
C.A.O.: shall mean the Chief Administrative Officer of the Municipality of
Kincardine;
Chairperson: shall mean the head of the Penetangore Regional
Economic Development Corporation;
Executive Director: shall mean the Executive Director of the
Penetangore Regional Economic Development Corporation;
Mayor: shall mean the Mayor of the Municipality of Kincardine
Municipality: shall mean The Corporation of the Municipality of
Kincardine;
P.R.E.D.C.: shall mean the Penetangore Regional Economic
Development Corporation:
Public Information: shall mean all information that is available to the
public as defined by the Municipal Freedom of Information and Protection
of Privacy Act.
2.0 MEMORANDUM OF UNDERSTANDING (M.O.U.) ( version # 4 )
Both parties agree that the following M.O.U. represents the basis for this
agreement:
Partnership Overview
This memorandum of understanding outlines the general parameters within which the
identified parties intend to work together. Both parties agree to act cooperatively and
in good faith, respecting at all times public accountability and transparency of process.
The establishment of the P.R.E.D.C. creates additional and complementary capacity to
advance economic development activities and outcomes. The new corporation will be
founded upon:
• P.R.E.D.C. Mission Statement — We help our partners across the community to
create sustainable economic diversity while encouraging and promoting a
favourable business environment for capital investment.
4 �
• P.R.E.D.C. Vision Statement — To encourage the development of creative ideas
and partnerships while providing professional guidance and support to both
existing and new businesses.
• Activities
• Additional business expertise focused on economic development.
• Improved connectivity within the business community.
• Greater opportunity for public/private partnerships.
• To pursue community activities that help establish a culture of innovation &
creativity.
• Research, development and incubation capacity programming for the purposes of
business retention and expansion (B.R. &E.).
• Pursue public /private funding for economic development initiatives.
• Opportunity to develop private sector membership financing to sustain the
corporation in its pursuit of new project development.
Joint Responsibilities of the Municipality of Kincardine and of the
P.R.E.D.C.
To act at all times in a manner that respects the intent of this M.O.U.
To clearly distinguish the corporate identity of the Municipality of Kincardine and that of
the P.R.E.D.C.
To engage in joint cooperative activities at an administrative level as required, ensuring
that cooperative goals of both organizations are pursued.
To share public information as required in the pursuit of economic development
activities.
Responsibilities of the P.R.E.D.C.
To pursue and develop economic development activities and projects that will stimulate
the economy of the Municipality of Kincardine.
To work with the Municipality of Kincardine to encourage clients and partners to
explore beneficial economic development opportunities.
To regularly report to the Municipality's Council on activities and target achievement.
Responsibilities of the Municipality of Kincardine
To assist the P.R.E.D.C. in marketing and promotion efforts related to economic
development activity.
To receive requests from P.R.E.D.C. for letters of support and to provide such letters
for P.R.E.D.C. economic development initiatives upon review /decision of Council.
Specific Assistance from the Municipality of Kincardine
Support the Lake Huron Learning Collaborative in their desire to provide office space
for the P.R.E.D.C. at the Lake Huron Leaming Centre.
Provide loans to the P.R.E.D.C. of surplus office furniture, equipment and computers
as available.
P.R.E.D.C. Deliverables to the Municipality (201112012)
1. Leadership and facilitation with the Natural Gas Project.
2. Provide strategic guidance for the development of the Community Sustainability
Plan to strengthen and maximize Federation of Canadian Municipalities grant
potential and linkages to other funding sources.
3. Review and assess the supply of industrial /commercial lands within the
Municipality.
4. Provide a summary Business Plan to the Municipality's Council.
5. Provide the Municipality's Council with quarterly reports and an annual report on
activities and target achievement.
P.R.E.D.C. Start - Up Targets (2011/2012)
1. Develop Economic Development Corporation Brand and interim web site.
2. Develop Short-term Communications /Marketing materials.
3. Negotiate Partnership M.O.U's.
4. Host a Local Industry- P.R.E.D.C. "Meet & Greet" public event.
5. Present findings, recommendations and final Business Plan to area stakeholders
for consideration.
6. Develop Industry Sponsor Plan- Prospectus.
Council Support
As per Council resolution dated May 18, 2011, Re: P.R.E.D.C. Proposed Financial
Support
Resolution #05118111 —13
Moved by: Mike Leggett
Seconded by: Anne Eadie
THAT Council endorse in principle the financial support of the Penetangore Regional Economic
Development Corporation in the amount of $100,000;
AND FURTHER THAT to confirm Council's due diligence in this proposal, an ad -hoc Economic
Development Committee is established composed of Councillor Ron Coristine, Councillor
Jacqueline Faubert, Councillor Mike Leggett, and Deputy Mayor Anne Eadie, with Chief
Administrative Officer John deRosenroll as staff resource.
Carried.
Both parties have met and created this Memorandum of Understanding that defines
services to be performed by the P.R.E.D.C.
The P.R.E.D.C. and Municipality of Kincardine agree to develop a joint working
relationship to pursue economic development activities benefiting the Municipality.
The Municipality has agreed in principle to invest $100,000 to assist the establishment
of the P.R.E.D.C.
Upon Council ratifying this M.O.U. an agreement shall be drawn up between both
parties to formulize our joint undertaking.
The agreement term shall be in force for one year from the date of signing.
Additional elements to be specified in the Agreement
Definitions; Intellectual Property; Confidence; Liability; Insurance; Amendment;
Resolution of Conflict; Entry into Force, Duration and Termination; Representatives;
P.R.E.D.C. Incorporation Documents etc.
3.0 INDEMNITY
3.1 Indemnification
The Contractor shall indemnify and save harmless the Municipality, its
officers, employees or agents from and against any and all claims,
actions, losses, expenses, costs or damages resulting from or connected
with the provision of the Services for the Contract:
3.2. Insurance
The Contractor shall put in effect and maintain in its name, at its
expense, all the necessary insurance that would be considered
appropriate for a prudent Contractor undertaking this type of
operation for the period during which the agreement is in effect
with insurers acceptable to the Municipality, including:
(a) Commercial General Liability Insurance, for third party bodily
injury, personal injury and property damage to an inclusive
limit of not less than Two Million Dollars ($2,000,000.00) per
occurrence. The policy shall include:
1. The Corporation of the Municipality of Kincardine as an
additional insured
2. Cross Liability
3. Contractual Liability
4. Contractors Legal Liability
5. Contents coverage on a replacement cost basis for all
property owned by the Contractor.
6. A thirty (30) day written notice of cancellation
(b) The Contractor shall provide the Municipality with a valid
Certificate of Insurance as evidence of the above coverage
upon signing the agreement. The Contractor shall provide the
Municipality with any renewal replacement certificates as may
be necessary during the term of the agreement.
4.0 FINANCIAL OBLIGATIONS
The Municipality shall pay the Contractor the sum of $100,000.00 plus
H.S.T. upon municipal by -law & contract execution by both parties:
5.0 DURATION OF AGREEMENT
5.1 This Agreement shall come into full force and effect and be binding on
all parties from June 15, 2011 to June 14, 2012.
5.2 Any party may terminate this employment agreement upon Sixty (60)
days notice by mailing a notice of termination by registered or certified
mail to the other party.
to the Municipality at:
1475 5th Concession
RR #5
Kincardine, Ontario
N2Z 2X6
to the Contractor at:
Q .0 . $nx X9'1, A85 Outran. SF.
K , 64. Waz oty8 3� L
6.0 ASSIGNMENTS
6.1 This Agreement is not assignable by either party without the written
permission of the other party.
7.0 INTELLECTUAL PROPERTY & PUBLIC INFORMATION
7.1 (a) Public Information required for the Contract shall be
exchanged between the parties on a reciprocal basis.
(b) The results of any work done by the Contractor to facilitate
job growth or any items contained in the M.O.U. shall be
publically owned by the Municipality of Kincardine.
(c) The process or internal information gathering methods of
the Contractor shall be information that is not public and
deemed to be the property of the Contractor.
(d) All patents, copyrighted material of the Contractor shall
remain the exclusive property of the Contractor.
8.0 CONFLICT RESOLUTION
8.1 In the event that a conflict arises in the interpretation of this
agreement the following steps shall be followed:
Step #1: the Chief Administrative Officer of the Municipality shall meet
with the Executive Director of the P.R.E.D.C. to discuss and resolve the
issue.
Step # 2: in the event that the issue is not resolved in step # 1, then the
Mayor of the Municipality and the Chairperson of the P.R.E.D.C. shall
join the parties named in step # 1 to facilitate a resolution to the matter.
9.0 AGREEMENT AMENDMENT
Minor amendments to this agreement may be made by the signatories to
this agreement and major amendments must be made by the Council of
the Municipality of Kincardine.
10.0 ENTRY INTO FORCE
The Municipality of Kincardine retains the right to monitor the P.R.E.D.C.
in the activities leading to job growth development activities.
11.0 P.R.E.D.C. INCORPORATION DOCUMENTS
The P.R.E.D.C. incorporation documents shall form schedule -A- to this
agreement.
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal
attested by the hands of its Mayor and CAO this 15 day of lt.l: , 2011.
The Contractor has hereunto set their hand this 3 day of , 2011.
SIGNED, SEALED AND DELIVERED )THE CORPORATION OF THE
in the presence of ) MUNICIPALITY KIN ARDINE
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) Mayor
c ra 0%1
CAO
Penetangore Regional Economic
) Developmen = porati
Witness- U ) Cha .-'.on
) I HAVE THE Authority o bind the
Organization