HomeMy WebLinkAbout13 102 P.R.E.D.C. Agreement (2013) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
KBT
Ni g1 ALITY OF 101
BY -LAW
NO. 2013 -102
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 (2013) By -law ".
READ a FIRST and SECOND TIME this 7 day of August, 2013.
Alb
- -- . - itko-e-tetke
ayor Clerk
READ a THIRD TIME and FINALLY PASSED this 7 day of August, 2013.
M. Clerk
This is Schedule "...62 to By -Law
No. 2 0 ' 5 -102 passed the — 7 day
of Av JUiS} 20 13
Contracted Services Agreement
(July 1st, 2013 to December 31st, 2016)
This AGREEMENT made this j day of •2013.
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;
NOWTHEREFORETHISAGREEMENTWITNESSETHTHAT 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.)
The following M.O.U. represents an agreement respecting undertakings and
obligations of both parties (the contract).
2.1 Term
The term of this Agreement shall run from July 1, 2013 to December 31, 2016.
2.2 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:
2.3 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.
2.4 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.
2.5 P.R.E.D.C. Goals and Objectives
1. Support the advancement of the Natural Gas Project.
2. Assist with implementation of the Integrated Community Sustainability
Plan.
3. Assist with implementation of the 2013 Airport Master Plan .
4. Engage and support interested business and investment parties with
discovery of municipal assets, infrastructure and development
opportunities.
5. Review and assess the supply of industrial /commercial lands within the
Municipality.
6. Provide the Municipality's Council with semi - annual reports and an annual
report on activities and target achievement.
7. Develop industrial sponsorship partnership plan.
8. Expand and enhance communications and marketing including the
P.R.E.D.C. website.
9. Hold an annual business community event (meet and greet and networking
opportunity).
10. Expand and strengthen partnerships with the Kincardine Downtown
Business Improvement Area, the Kincardine Chamber of Commerce and
stakeholder organizations involved in economic development activities.
11. Investigate and pursue the creation of new employment opportunities and
industrial lands.
12. Strengthen relationships with area municipalities, Bruce County and other
relevant public authorities.
13. As set out in its original Business Plan, there is an expectation that PREDC
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 PREDC in this regard as well as an
assessment of PREDC's overall performance and results and in particular
in achieving the deliverables to the Municipality as set out above.
2.6 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 PREDC 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.
2.7 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.
2.8 Specific Assistance from the Municipality of Kincardine
Continue to support the provision of office space for P.R.E.D.C. in the Lake
Huron Learning Collaborative Centre (former Westario Building).
2.9 Council Support
The level of financial support to P.R.E.D.C. from the Municipality shall be
determined in each year of the term of this Agreement during the annual budget
preparation exercise.
Following its fiscal year -end, PREDC shall submit to the Municipality a set of
financial statements in an accepted industry format, prepared by an
independent and certified accountant, no later than June 30th of the following
year.
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 This Agreement shall come into full force and effect and be binding on all
parties from July 1st, 2013 to June 30, 2016.
4.2 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 5 Concession
RR #5
Kincardine, Ontario
N2Z 2X6
to the Contractor at:
P.O. Box 397
385 Queen Street
Kincardine, Ontario
N2Z 2Y8
5.0 ASSIGNMENTS
5.1 This Agreement is not assignable by either party without the written
permission of the other party.
6.0 INTELLECTUALPROPERTY& PUBLIC INFORMATION
(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 remainthe
exclusive property of the Contractor.
7.0 RESOLUTION
7.1 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
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 7 day of () to-4, 2013. The
Contractor has hereunto set their hand this `7 day of t , 2013.
SIGNED, SEALED AND DELIVERED )THE CORPORATION OF THE
in the presence of )MUN - PALITYOF ARDINE
)
I --
CAO
)PENETANGORE REGIONAL
)ECONOMICDEVELOPMENT
)CORP 'R TI
/. ) _
Witness ) Chairi/son
) I HAVE THE Authority to bind the
) Organization