HomeMy WebLinkAbout14 053 Business Improvement Area ICSP Agreement (2014) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
NO. 2014 - 053
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
(2014) By -law ".
READ a FIRST and SECOND TIME this 16th day of April, 2014.
READ . THIRD TIME and FINALLY PASSED this 16th day of April, 2014.
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This is Schedule "A." to By -Law
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Contracted Services Agreement
This AGREEMENT made this I L day of Pp( i ( 2014.
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;
Council: shall mean the Council of The Corporation of the Municipality of
Kincardine.
Mayor: shall mean the Mayor of The Corporation 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 date of acceptance by Council
until to December 31, 2014
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.
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
$6,000 to carry through to December 31 2013.
Specific Deliverables by the Contractor
1. Develop and implement a Volunteer development and animation
program.
2. Facilitate implementation of the Arts, Culture and Heritage Plan
strategies.
3. Develop a framework for a Visiting Family Relations Program.
4. Develop a Business Welcome Protocol with community partners.
5. Work with the County of Bruce Planning Department on
implementation of the Business Retention and Expansion Study
provided by the RED grant.
6. Fully implement the free wifi system in Lakeside Downtown
Kincardine in partnership with Bruce Telecom and the Municipality.
7. Identify potential higher tier government grants and private funding for
various municipal projects.
8. Continuation of bi- weekly Tourism Table meetings and
implementation of strategies contained in the Tourism Strategic Plan.
9. Continued support to Kincardine Trails on development of the bike
path on the B line.
10. Support for the BIA and its Downtown Ambassador program so that it
is sustainable.
11. Seek funding and Phase One planning for a public walkway linking
Queens Lookout to the existing pathway to the beach.
12. Input to the 2015 Tourism budget.
13. Further enhancement for the municipal brand through the RED grant.
14. Continue to provide options for enhanced Customer Service Training.
15. Continue to seek marketing opportunities for existing community
festivals and events and investigate new "shoulder season"
opportunities.
3.0 DURATION OF AGREEMENT
3.1 This Agreement shall come into full force and effect and be binding
on all parties from the date of acceptance by Council to December
31 2014.
3.2 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:
CIO Business Improvement Area
1475 5 Concession
RR #5
Kincardine, ON
N2Z 2X6
4.0 ASSIGNMENTS
4.1 This Agreement is not assignable by either party without the written
permission of the other party.
5.0 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 remain
the exclusive property of the Contractor.
6.0 RESOLUTION
6.1 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.
7.0 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.
8.0 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 1(e) day of Rpri I ,
2014. The Contractor has hereunto set their hand this ( day of
A-pit
SIGNED, SEALED AND DELIVERED )THE CORPORATION OF THE
in the presence of )MUN PALITY , I RDINE
ayor -Larry Kraemer
) CAO- Murray Clarke
)BUSINESS IMPROVEMENT
AREA
) j /1/ '
) . irperson
)
I HAVE THE Authority to bind the
Organization