HomeMy WebLinkAbout2002-187 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2002-187
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.
25th November
By-law read a first and second time this day of , 2002.
25th November
By-law read a third time and finally passed this day of , 2002.
John ,u , ayor
P i L. arrie unicipal Clerk
Ciffi &off
Leading the Way
February 12, 2003
Futuresign Multimedia Displays
Attention: Stuart Smith
178 Walton Drive
Aurora, ON
L4G 3R8
Ph: 905-726-8767
Fax: 905-726-8766
RE: Q2000-2, RINK BOARD SIGNS
Please find enclosed one (1) fully executed contract document for the above
noted tender.
Thank you for your interest in this matter.
Yours truly,
Lou Ann Birkett, C.P.P., A.M.C.T.
Purchasing Manager
LAB*km
Cc: Marie Knight Stanley, Deputy Clerk
Encl.
3
kt XEXECJT 3GE3 a4CC CLERKS C DC ra
"
CORPORATION OF "THE MUN "C IPAL.ITY OF" C'LARINGTON
40 TEMPERANCE STREET, BOWMANVILLE,,ONTARI0�"" 1C 3A6 T' (905) 623-3379
� Clarinaton
Leading the Way
AGREEMENT Municipality of Clarington
EXECUTED CONTRACT
THIS AGREEMENT made the7L!'1 day of 2002.
BETWEEN:
MUNICIPALITY OF CLARINGTON
AND:
FUTURE SIGN MULTIMEDIA DISPLAY 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 the Quotation Q2000-2 and 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, 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, 2003, 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, 2003 and prior to any advertising boards being installed, Futuresign
Multimedia Displays Inc. will pay in advance the first year guarantee in the amount of
$16,000.00 plus G.S.T. subsequent payments due as indicated below:
September 1, 2003 $16,000.00.00 or the greater of:
payment of$300.00 per 3' X 8' board X 21 boards.
payment of $150.00 per 3' X 4' board X 12 boards.
payment of$500.00 per ice resurfacer X 3.
September 1, 2004 $24,000.00.00 or the greater of:
Minimum payment payment of $300.00 per 3' X 8' board X 30 boards.
of$24,000.00 payment of$150.00 per 3' X 4' board X 15 boards.
payment of$500.00 per ice resurfacer X 3.
September 1, 2005 $24,000.00.00 or the greater of:
Minimum payment payment of$150.00 per 3' X 8' board X 36 boards.
of$24,000.00 payment of$150.00 per 3' X 4' board X 18 boards.
payment of$500.00 per ice resurfacer X 3.
DN:AQ00-2
Con't Schedule (C.)
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) 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 one million ($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.
DN:AQ00-2
Con't Schedule (C)
AGREEMENT
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
THE CORPORATION OF THE NICIPALIT OF CLARINGTON
Z/
John Mut n, Mayor
P Clerk
DN:A000-2