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Home My WebLink About12 115 P.R.E.D.C. Agreement (2012) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE ` KBT - S " ost ;+ . B LAW NO. 2012 -115 BEING A BY -LAW TO ENTER INTO AN AGREEMENT WITH THE PENETANGORE REGIONAL ECONOMIC DEVELOPMENT CORPORATION ( P.R.E.D.C) 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 a contractor for the development of job growth related economic development activities and to coordinate its activities with both the Business Improvement Association and the Chamber of Commerce; 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 and to coordinate its activities with both the Business Improvement Association and the Chamber of Commerce. • 2. That this service be procured under 9.0 Negotiated Purchases of G.G. 2.17 Purchasing and Procurement Policy (Section 9.3 where the extension of an existing contract would prove more cost effective or beneficial). 3. That the Mayor and Chief Administrative Officer be authorized and directed to 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 ". 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 (2012) By-law". READ a FIRST and SECOND TIME this 3rd day of October, 2012. or Clerk • READ a THIRD TIME and FINALLY PASSED this 3 day of October, 2012. 0 • L yor Clerk _ • • This is Schedule "is." to By -Law No.2 115 passed the 3 day of Ociobcr 2012_ Contracted Services Agreement (July 1st, 2012 to June 30th, 2013) This AGREEMENT made this 3 day of (k-+ 2012. 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 the "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 requires the Contractor to coordinate its activities with both the Business Improvement Association and the Chamber of Commerce; NOWTHEREFORETHISAGREEMENTWITNESSETHTHATthe 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.) The following M.O.U. represents an agreement respecting undertakings and obligations of both parties (the contract). 2.1 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 corporation is founded upon: 2.2 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. 2.3 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. 2.4 P.R.E.D.C. Obiectives 2012 -2013 1. Develop industrial sponsorship partnership plan. 2. Expand and enhance communications and marketing including the P.R.E.D.C. website. 3. Hold an annual business community event (meet and greet and networking opportunity). 4. Expand and strengthen partnerships with the Kincardine Downtown Business Improvement Area, the Kincardine Chamber of Commerce and stakeholder organizations involved in economic development activities. 5. Investigate and pursue the creation of new employment opportunities and industrial lands. 6. Strengthen relationships with area municipalities, Bruce County and other relevant public authorities. 7. As set out in its original Business Plan, there is an expectation that P.R.E.D.C. will secure funding from sources other than the Municipality, such as other municipalities, provincial and federal programs, grants from other agencies and private sector businesses. Future decisions on municipal funding will take into consideration the results of P.R.E.D.C. in this regard aswell as an assessment of P.R.E.D.C.'s overall performance and results and in particular in achieving the deliverables to the Municipality as set out above. 2.5 Responsibilities of the P.R.E.D.C. 1. To pursue and develop economic development activities and projects designed to stimulate the economy of the Municipality of Kincardine. For clarity, this establishes P.R.E.D.C. as the economic development delivery agent for the Municipality. 2. To work with the Municipality of Kincardine to encourage clients and partners to explore beneficial economic development opportunities. 3. To regularly report to the Municipality's Council on activities and target achievement. 2.6 Responsibilities of the Municipality of Kincardine 1. To assist the P.R.E.D.C. in marketing and promotion efforts related to economic development activity. Such assistance is understood to include but not limited to staffing resources, referrals, planning and building data and other relevant information. 2. 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. 2.7 Specific Assistance from the Municipality of Kincardine Support the Lake Huron Leaming Collaborative in their desire to provide office space for the P.R.E.D.C. at the Lake Huron Learning Centre. 2.8 P.R.E.D.C. Deliverables to the Municipality (201212013) 1. Leadership and facilitation of the Natural Gas Project. 2. Assist with implementation of the Integrated Community Sustainability Plan. 3. Assist with Airport Master Plan development. 4. Engage and support interested business and investment parties with discovery of municipal assets, infrastructure and development opportunities. 5. Provide annual financial statements prepared by a qualified accountant. 6. Review and assess the supply of industrial /commercial lands within the Municipality. 7. Provide the Municipality's Council with semi - annual reports and an annual report on activities and target achievement. 2.9 Council Support Pursuant to the approved 2012 budget, Council will provide $140,000.00 in financial support to P.R.E.D.C.payable upon execution of this agreement. Following its fiscal year -end, P.R.E.D.C. shall submit to the Municipality a set of financial statements in an accepted industry format, prepared by an independent and certified accountant. During the 2012 to 2013 year, the parties will endeavor to develop a framework to establish a multi -year contractual relationship,including a sustaining core funding model, with the Municipality, for discussion toward the end of the current contract term. 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: 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: • The Corporation of the Municipality of Kincardine as an additional insured Cross Liability Contractual Liability Contractors Legal Liability Contents coverage on a replacement cost basis for all property owned by the Contractor. A thirty (30) day written notice of cancellation 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 DURATION OF AGREEMENT 4.1 Duration This Agreement shall come into full force and effect and be binding on all parties from July 1st, 2012 to June 30, 2013. 4.2 Termination 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: 385B Queen Street Kincardine, Ontario N2Z 2R4 5.0 ASSIGNMENTS This Agreement is not assignable by either party without the written permission of the other party. 6.0 INTELLECTUALPROPERTY& PUBLIC INFORMATION 1. Public Information required for the Contract shall be exchanged between the parties on a reciprocal basis. 2. 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. 3. 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. 4. All patents, copyrighted material of the Contractor shall remainthe exclusive property of the Contractor. 7.0 RESOLUTION 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 partiesnamed in step # 1 to facilitate a resolution to the matter. 8.0 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. 9.0 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. IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested by the hands of its Mayor and CAO this 3 day of Odor( 2012. The Contractor has hereunto set their hand this gig day of S 2012. SIGNED, SEALED AND DELIVERED )THE CORPORATION OF THE in the presence of )MU ` IPALI • • . CARDINE.- -- _ ) i ayor CAO =_ )PENETANGORE REGIONAL / J ��ii.i,i.-- - )ECONOMICDEVELOP , , T )CORPOR�� Witn ) C airper�' ,,. Oa ).. HAVE THE Authority to bind the / ) Organization X 740 , 4 t /R EC `-nrc I