HomeMy WebLinkAbout13 113 Business Improvement Area ICSP Agreement (April - December 2013) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
NO. 2013 -113
BEING A BY -LAW TO ENTER INTO AN AGREEMENT WITH THE BUSINESS
IMPROVEMENT AREA
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 support and
administration in relation to the Integrated Community Sustainability Plan (ICSP);
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 Business Improvement Area for support and
administration in relation to the Integrated Community Sustainability Plan
(ICSP).
2. That this service be procured under 6.2 Best Value of G.G. 2.17 Purchasing
and Procurement Policy.
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 Business Improvement Area 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 "Business Improvement Area ICSP
Agreement (April — December 2013) By -law ".
READ a FIRST . • • S OND time this 4 day of September, 2013.
Mayor Clerk
READ a THIRD - a • NALLY PASSED this 4 t11 day of September, 2013. (3 1(14,043/ak
Mayor Clerk
This is Schedule " " to By -Law
No. «_ passed the 4 day
of 5pmber 201
Contracted Services Agreement
(April 1 2013 to December 31st, 2013)
This AGREEMENT made this Li day of &Pi• 2013.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called the "Municipality"
of the First Part
-and -
BUSINESS IMPROVEMENT AREA
Hereinafter called the "Contractor"
of the Second Part
WHEREAS the Municipality wishes to contract the implementation of
Integrated Community Sustainability Plan activities to the Contractor;
NOWTHEREFORETHISAGREEMENTWITNESSETHTHAT the parties
hereto agree as follows:
DEFINITIONS
C.A.O.: shall mean the Chief Administrative Officer of the Municipality of
Kincardine;
Mayor: shall mean the Mayor of the Municipality of Kincardine
Municipality: shall mean The Corporation of the Municipality of Kincardine;
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.
MEMORANDUM OF UNDERSTANDING (M.O.U.)
The following M.O.U. represents an agreement respecting undertakings and
obligations of both parties (the contract).
Term
The term of this Agreement shall run from April 1, 2013 to December 31,
2013.
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. It is understood that the
initiatives and activities described in this agreement may include
participation and consultation with appropriate community stakeholders
including the Kincardine Tourism Table.
1. To complete the list of tasks
2. To regularly report to the Municipality's Council on activities and target
achievement.
Specific Assistance from the Municipality of Kincardine
1. Municipality of Kincardine to provide per diems to a maximum of
$5,000 to carry through to December 31 2013.
Specific Deliverables by the Contractor
1. Identifying potential higher tier government grants for various
municipal projects
2. Continuation of bi- weekly Tourism Table meetings and
implementation of strategies contained in Tourism Strategic Plan.
3. Research, development and completion of bike path on the B -line.
4. Continuation of partnership with Bruce Telecom and Municipal CAO
to develop business plan for "Free Wi -FI" in Lakeside Downtown
Kincardine and beach.
5. Evaluate the 2013 BIA Ambassador program and develop
recommendations for 2014 and beyond.
6. Explore the possibility of developing the walkway linking The Queen's
Lookout to the existing path to the beach.
7. Input to 2014 Tourism Budget.
8. Further enhancement of promotion of Municipal brand.
9. Explore perception of local prices and develop counter strategies.
10. Develop a framework for a Visiting Family Relations Program.
11. Investigate options for a a Volunteer development and animation
program.
12. Explore options for enhanced Customer Service Training.
13. Facilitate implementation of Arts, Culture and Heritage Plan
strategies.
14. Continuation of investigation of business case for a public /private
municipal website
15.
16. Consider possible new festivals and events that showcase the
Municipality of Kincardine's heritage.
3.0 INDEMNITY
2.1 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 April 1, 2013 to December 31 2013.
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:
C/O Business Improvement Area
1475 5 Concession
RR #5
Kincardine, ON
N2Z 2X6
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 Business Improvement Area Manager 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 Business
Improvement Area shall join the parties named 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
Business Improvement Area in the activities leading to the
implementation of the Integrated Community Sustainability Plan
activities.
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate
seal attested by the hands of its Mayor and CAO this L4 day of r.eml r
2013. The Contractor has hereunto set their hand this Lt day of
s 2013.
SIGNED, SEALED AND DELIVERED )THE CORPORATION OF THE
in the presence of )MUN PALI K RDINE
AL a or
CAO
)BUSINESS IMPROVEMENT
AREA
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krl-tQC ) 7/. ) hairperson
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) I HAVE THE Authority to bind the
Organization