HomeMy WebLinkAbout96-173 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 96-173
Being a By-law to authorize a contract between
Brooklin Bulletin Publishing Company Limited,
Brooklin, 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 Brooklin Bulletin Publishing Company Limited and said
Corporation.
By-law read a first and second time this 30 day of September, 1996.
By-law read a third time and finally passed this 30 day of September, 1996.
Mayor
Depticy Clerk
q6 -- i7 ,3
SCHEDULE "C"
AGREEMENT
THIS AGREEMENT made the - /,5-7-# day of e � 996
BETWEEN:
MUNICIPALITY OF CLARINGTON
(Hereinafter referred to as the "Municipality")
AND:
BROOKLIN BULLETIN PUBLISHING COMPANY LIMITED
(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 ipe 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 an annual rental fee to the Municipality in the total
of four hundred and eighty dollars ($480.00) per rinkboard advertisement sold for
Garnet B. Rickard Recreation Centre and Three hundred and Sixty Dollars
($360.00) per rinkboard advertisement sold for Darlington Sports Complex. The
Company shall bear all 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.
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Page Two
5. The Company acknowledges and agrees to the following terms and conditions:
(a) There shall be a minimum of twenty (20) 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;
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 BRO I BU PUBLISHING COMPANY LIMITED
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
MAY
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