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HomeMy WebLinkAboutCOD-043-07 cmriJlgron REPORT CORPORATE SERVICES DEPARTMENT Date: July 30, 2007 GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ~~U~D()il::bPA- 4-&"-0, By-law # ~oo'7-l7 q COD-043-07 File # Meeting: Report #: Subject: CL2007-5, SALE OF ADVERTISING REQUIREMENTS RINK BOARD SIGNS & LED DISPLAY BOARDS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-043-07 be received; 2. THAT Futuresign Multimedia Displays, Inc., Markham, Ontario with a total submission of $82,800.00 (excluding GST) being the highest responsible bidder meeting all terms, conditions and specifications of Tender CL2007-5, be awarded the contract to provide the marketing, sale of space and the production of Rink Boards at the Garnet B. Rickard Recreation Complex, Darlington Sports Arena and South Courtice Arena, as required by the Municipality of Clarington, Community Services Department; 3. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved; and 4. THAT the total funds received be credited to the Community Services Advertising Fees Revenue Account # 100-42-130-00000-6491 Submitted by: Reviewed by: <3 ~U Franklin Wu, Chief Administrative Officer arie Marano, H.B.Sc., C.M.O. Director of Corporate Services ~ Director of Community Services MM\JC\JB\sm COD-043-07 PaQe 2 BACKGROUND AND COMMENT Tenders were publicly advertised and invited for the marketing, sale of space and the production of Rink Boards as required by the Community Services Department. Subsequently, only two submissions were received. A summary of the bids is attached as Schedule "B" for your information. The tender was broken down into Part A and Part B. Part A included the sale of advertising for the rink boards and the four ice resurfacers while Part B included the sale of advertising for the LED boards in the Lobbies of the various arenas. The tender received by Futuresign Multimedia Displays Inc., results in the highest overall revenue to the Municipality. The subject firm has provided satisfactory service for the Municipality throughout the term of the previous contract. As advertising must be sold in advance of each ice season, it is necessary to award the contract in order to ensure there is no gap in the revenues received. For the information of Council attached is a copy of the proposed agreement marked Schedule "C", After further review and analysis of the tender submissions by Purchasing and Community Services, it was mutually agreed that the proposal from Futuresign Multimedia Displays Inc., Aurora, Ontario be accepted and that the monies received be credited to the Community Services Advertising Fees Revenue Account # 100-42-130-00000-6491. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-3330 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-lAW 2007- 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 day of ,2007. By-law read a third time and finally passed this day of ,2007. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk Q!J!-!llgton Schedule "B" Municipality of Clarington Tender CL2007-5 SALE OF ADVERTISING REQUIREMENTS RINK BOARD SIGNS & LED DISPLAY BOARDS Futuresign Multimedia Displays, Inc. Markham, ON RINK BOARD ANNUAL PAYMENT September 1, 2007 = $22,800.00 September 1,2008 = $22,800.00 September 1,2009 = $22,800.00 TOTAL = $68,400.00 ICE RESURFACERS ANNUAL PAYMENT September 1, 2007 = $1,200.00 September 1,2008 = $1,200.00 September 1, 2009 = $1,200.00 TOTAL = LED LOBBY SIGN ANNUAL PAYMENT September 1, 2007 = $3,600.00 September 1,2008 = $3,600.00 September 1, 2009 = $3,600.00 TOTAL = $10,800.00 Boardview Advertising Inc. Toronto, ON RINK BOARD ANNUAL PAYMENT September 1, 2007 = $20,050.00 September 1,2008 = $20,050.00 September 1, 2009 = $20,050.00 TOTAL = $ 60,150.00 ICE RESURFACERS ANNUAL PAYMENT September 1, 2007 = $300.00 September 1, 2008 = $300.00 September 1, 2009 = $300.00 TOTAL = $ 900.00 LED LOBBY SIGN ANNUAL PAYMENT September 1, 2007 = $3,000.00 September 1, 2008 = $3,000.00 September 1, 2009 = $3,000.00 TOTAL = $9,000.00 PART "An SCHEDULE "C" AGREEMENT THIS AGREEMENT made the BElWEEN: 4th day of JULY 2007. 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 t,he 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 "Comoanv" 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 "C" AGREEMENT PART "An 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 / or 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 / 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. 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 "C" 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. COMPANY AND THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Mayor Jim Abernethy Patti L. Barrie, Municipal Clerk SCHEDULE "C" 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 "C" 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 "C" 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. COMPANY AND THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Mayor Jim Abernethy Patti L. Barrie. Municipal Clerk