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HomeMy WebLinkAbout96-120 3 s t THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 96- 120 Being a By-law to authorize a contract between Graphic Lettering Services, Bowmanville, Ontario, in respect of the Marketing, Sale of Space and Production of Rink Board Signs for the Garnet B. Rickard Recreation Complex and the Darlington Sports Centre. 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, and seal with the Corporation Seal, a Contract between Graphic Lettering Service and said Corporation. By-law read a first and second time this 24 day of June, 1996. By-law read a third time and finally passed this 24 day of June, 1996. Mayor 71-7 C rk t SCHEDULE "C" AGREEMENT THIS AGREEMENT made the day of 1996 BETWEEN: MUNICIPALITY OF CLARINGTON (Hereinafter referred to as the "Municipality") AND: GRAPHIC LETTERING SERVICES (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 and Darlington Sports Centre. BY SIGNING THIS AGREEMENT, the parties do hereby agree to be bound by the following: 1. The Municipality grants the exclusive right to sell and display advertisements on the rinkboards of the ice surfaces located at the Garnet B. Rickard Recreation Complex and the Darlington Sports Centre. 2. This agreement shall be in effect for the three (3) year period commencing as of the date of the signing, 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 remit to the Municipality the total of nine hundred and fifty dollars ($ 950.00) per rinkboard advertisement sold. This fee covers the costs associated with the selling, creation, installation and maintenance of the rinkboard advertisement during the term of this Agreement. 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. - 2 5. The Company acknowledges and agrees to the following terms and conditions: (a) There shall be a minimum of twenty-four (24) rinkboard advertisements available for placement; (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 Cod 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/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 $1,000,000.00 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. . - 3 - 0 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 GRAPHIC LETTERING SERVICES Peter Hoekstra, Owner CORPORATION OF THE MUNICIPALITY OF CLARINGTON MAYOR CLERK AGREEMENT THIS AGREEMENT made the 4`.7W _ day of V 1996 BETWEEN: MUNICIPALITY OF CLARINGTON (Hereinafter referred to as the "Municipality") 4 AND: cogg465 0, +. T_v,c O/ GRAPHIC LETTERING SERVICES 1W (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 and Darlington Sports Centre. BY SIGNING THIS AGREEMENT, the parties do hereby agree to be bound by the following: 1. The Municipality grants the exclusive right to sell and display advertisements on the rinkboards of the ice surfaces located at the Garnet B. Rickard Recreation Complex and the Darlington Sports Centre. 2. This agreement shall be in effect for the three (3) year period commencing as of the date of the signing, 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 remit to the Municipality the total of nine hundred and fifty dollars ($950.00) per rinkboard advertisement sold. This fee covers the costs associated with the selling, creation, installation and maintenance of the rinkboard advertisement during the term of this Agreement. 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) There shall be a minimum of twenty-four (24) rinkboard advertisements available for placement; (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; M ♦ - 2 - 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$1,000,000.00 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. 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 G7 ZERIRVI S Peter Hoekstr ,Vow t es CORPORATION OF THE MUNICIPALITY OF CLARINGTON MAYOR CLER�'