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HomeMy WebLinkAbout2007-179 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-lAW 2007-179 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Futuresign Multimedia Displays Inc, Aurora, Ontario, in respect of the Marketing, Sale of Space and Production of Rink Board Signs for the Garnet B. Rickard Complex, Darlington Arena and South Courtice Arena. THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON HEREBY ENACTS AS FOllOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington with the Corporation Seal, a contract between, Futuresign Multimedia Displays Inc, Aurora, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 30th day of July, 2007. By-law read a third time and finally passed this 30th day of July, 2007. SCHEDULE "G" PART "A" AGREEMENT 4th day of JULY 2007. THIS AGREEMENT made the BETWEEN: MUNICIPALITY OF CLARINGTON AND: FUTURESIGN MULTIMEDIA DISPLAYS INC. (Hereinafter referred to as the "Company") WHEREAS the Corporation of the Municipality of Clarington has authorized the Community Services Department to co-ordinate and supervise the marketing and selling of advertising panels at the Garnet B. Rickard Complex, Darlington Sports Centre, and South Courtice Arena. BY SIGNING THIS AGREEMENT, the parties do hereby agree to be bound by the Terms and Conditions of CL2007 -5 and the following: 1. The Municipality grants the exclusive right to sell and display advertisements on the rink boards of the ice surfaces located at the Garnet B. Rickard Recreation Complex, Darlington Sports Centre, and South Courtice Arena. 2. This agreement shall be in effect for the three (3) year period commencing as of September 1, 2007, subject to the performance of the terms of this Agreement. The Municipality may terminate this Agreement for non-payment of fees or any breach of the covenants and obligations of its part to be observed and performed. 3. The Company agrees to pay the Municipality of Clarington in current funds the following guaranteed minimum payment schedule plus applicable tax, in the form of certified cheque, bank draft or money order, due on the specified date. On September 1, 2007 and prior to any advertising boards being installed, the "Companv" will pay in advance the first year guarantee in the amount of $24.000.00 plus G.S.T. subsequent payments due as indicated below: September 1, 2007 Minimum payment of $24,000.00 September 1, 2008 Minimum payment of $24,000.00 September 1, 2009 Minimum payment of $24,000.00 $ 24,000.00 or the greater of: payment of $ 300.00 per 3' X 8' board payment of $ 150.00 per 3' X 4' board payment of $ 300.00 per ice resurfacer X boards. $ 24,000.00 or the greater of: payment of $ 300.00 per 3' X 8' board payment of $ 150.00 per 3' X 4' board payment of $ 300.00 per ice resurfacer X boards $ 24,000.00 or the greater of: payment of $ 300.00 per 3' X 8' board payment of $ 150.00 per 3' X 4' board payment of $ 300.00 per ice resurfacer X boards . SCHEDULE "G" AGREEMENT PART "A" 4. The Company agrees to supply and warrantee all work and materials for the term of this Agreement and to carry on behalf of the manufacturer the warranty on the LEXAN pieces. 5. The Company acknowledges and agrees to the following terms and conditions: (a) To guarantee the quantity of rink board advertisements available for placements indicated above; (b) All advertising signs shall remain the property of the Advertiser and may be replaced at any time. The Municipality shall not be held liable for damage to the signs for any reason; (c) The Company shall be responsible for installing and replacing any damaged or defaced signs and insuring that the signs are maintained in a safe condition and pleasing appearance for the term of this Agreement, not to include acts of God as set out, but not limited to, earthquake, snowslide, landslide, subsidence or other earth movement, flood including waves, tides, tidal waves and the rising of, the breaking out or the overflow of any body of water, whether natural or man-made, damage arising out of war, invasion, acts of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military power, or damage imposed by or arising under the Nuclear Liability Act. (d) The Company undertakes that the advertising place by it shall be in accordance with the regulations and standards set by the Canadian Advertising Council and the Corporation of the Municipality of Clarington; (e) All advertising signs installed by the Company will be of high moral standard, non- political and not contrary to public order and taste as determined by the Municipality; 6. The Company hereby covenants to indemnify and save harmless the Municipality from all actions, causes of action, suits, claims and lor demands whatsoever which may arise directly or indirectly as a result of placing any advertisement by the Company under the terms of this Agreement. 7. The Company shall maintain liability insurance with any Insurance Company acceptable to the Municipality of Clarington to save harmless and indemnify both the Municipality and Contractors against property damage, personal injury, including death which may arise from operations within this contract. The Municipality shall be added to the Company's Insurance Policy as additional coverage. Such insurance shall be not less than three million ($3,000,000.00) Public Liability coverage. A certificate of insurance must be provided to the Municipality of Clarington. Any damages to any or all properties as a result of the work performed by the Company will be repaired at the expense of the Company to the satisfaction of the Director of Community Services or his designate. 8. The Municipality agrees to provide the Company access to the facilities for the convenience of installing, repairing and lor replacing advertisement signs. 9. This Agreement shall not be assigned without the written consent of the parties hereto, which consent shall not be unreasonably withheld. 10. The company agrees to display public service and municipality self advertised faces on a "no change" basis for one available advertising space on a rink board at a location to be specified by the municipality. The cost of production of advertising copy shall be borne by the Company for a maximum of three messages (one at each arena). Design and appearance of all public services messages shall be subject to approval by the company. , SCHEDULE "G" AGREEMENT PART "A" IN WITNESS THEREOF the parties hereto have caused to be executed those presents by their officers properly authorized in that behalf on the day and year first above written. _~ C~M~ ~;> ~ -------- AND THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON MaYOr~ paili~~ SCHEDULE "G" AGREEMENT PART "B" THIS AGREEMENT made the 4th day of JULY, 2007. BETWEEN: MUNICIPALITY OF CLARINGTON AND: FUTURESIGN MULTIMEDIA DISPLAYS INC. (Hereinafter referred to as the "Company") WHEREAS the Corporation of the Municipality of Clarington has authorized the Community Services Department to co-ordinate and supervise the marketing and selling of advertising panels at the Garnet B. Rickard Recreation Complex, South Courtice Arena and Courtice Community Complex. BY SIGNING THIS AGREEMENT, the parties do hereby agree to be bound by the Terms and Conditions of Tender CL2007-5 and the following: 1. The Municipality grants the exclusive right to sell and display advertisements on display boards and LED Display Boards located at the Garnet B. Rickard Recreation Complex, South Courtice Arena and Courtice Community Complex. 2. This agreement shall be in effect for the three (3) year period commencing as of September 1, 2007, subject to the performance of the terms of this Agreement. The Municipality may terminate this Agreement for non-payment of fees or any breach of the covenants and obligations of its part to be observed and performed. 3. The Company agrees to pay the Municipality of Clarington in current funds the following guaranteed minimum payment schedule plus applicable tax, in the form of certified cheque, bank draft or money order, due on the specified date. On September 1,2007, The "Company" will pay in advance the first year guarantee in the amount of $ 3,600.00 plus G.S.T. subsequent payments due as indicated below: September 1, 2007 payment of $1,200.00 display board X 3 locations = $ 3,600.00 September 1, 2008 September 1, 2009 payment of $1,200.00 display board X 3 locations = $ 3,600.00 payment of $1 ,200.00 display board X 3 locations = $ 3,600.00 SCHEDULE "G" AGREEMENT PART "B" 4. The Company agrees to supply and warrantee all work and materials for the term of this Agreement and to carry on behalf of the manufacturer the warranty. 5. The Company acknowledges and agrees to the following terms and conditions: a) To guarantee the quantity of board advertisements available for placements indicated above; b) All advertising signs shall remain the property of the Advertiser and may be replaced at any time. The Municipality shall not be held liable for damage to the signs for any reason; c) The Company shall be responsible for installing and replacing any damaged or defaced signs and insuring that the signs are maintained in a safe condition and pleasing appearance for the term of this Agreement, not to include acts of God as set out, but not limited to, earthquake, snowslide, landslide, subsidence or other earth movement, flood including waves, tides, tidal waves and the rising of, the breaking out or the overflow of any body of water, whether natural or man-made, damage arising out of war, invasion, acts of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military power, or damage imposed by or arising under the Nuclear Liability Act. d) The Company undertakes that the advertising placed by it shall be in accordance with the regulations and standards set by the Canadian Advertising Council and the Corporation of the Municipality of Clarington; e) All advertising signs installed by the Company will be of high moral standard, non-political and not contrary to public order and taste as determined by the Municipality; 6. The Company hereby covenants to indemnify and save harmless the Municipality from all actions, causes of action, suits, claims and lor demands whatsoever which may arise directly or indirectly as a result of placing any advertisement by the Company under the terms of this Agreement. 7. The Company shall maintain liability insurance with any Insurance Company acceptable to the Municipality of Clarington to save harmless and indemnify both the Municipality and Contractors against property damage, personal injury, including death which may arise from operations within this contract. The Municipality shall be added to the Company's Insurance Policy as additional coverage. Such insurance shall be not less than three million ($3,000,000.00) Public Liability coverage. A certificate of insurance must be provided to the Municipality of Clarington. Any damages to any or all properties as a result of the work performed by the Company will be repaired at the expense of the Company to the satisfaction of the Director of Community Services or his designate. 8. The Municipality agrees to provide the Company access to the facilities for the convenience of installing, repairing and I or replacing advertisement signs. 9. This Agreement shall not be assigned without the written consent of the parties hereto, which consent shall not be unreasonably withheld. SCHEDULE "G" AGREEMENT PART "B" IN WITNESS THEREOF the parties hereto have caused to be executed those presents by their officers properly authorized in that behalf on the day and year first above written. ~ COMPA~~ . ~~ --~ AND Patti