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HomeMy WebLinkAboutTR-31-01 - , THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT f1s/ ?!!l-33{-O! Meeting: General Purpose & Administration Committee Date May 22,01 Report #: TR-31-01 Subject: CONCERTS IN THE PARK RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report TR-31-01 be received; 2. THAT the Mayor and Clerk be authorized to enter into an agreement (Attachment A) with Mr. G, Gilpin, Mr. R. Hooper, and Mr. B. Purdy to organize and co- ordinate the Concerts in the Park series at Rotary Park subject to the Solicitor's review; 3. That the Municipality ofClarington agrees to indemnifY and save harmless Mr, Gilpin, Mr, Hooper and Mr. Purdy from and against all losses, claims, damages, actions, causes of action, costs of expenses that they may sustain, incur, suffer or be put to at any time before, during, or after the Concerts in the Park series arising out of or occumng directly or indirectly out of the event. BACKGROUND AND COMMENT: 1.0 The Concerts in the Park series have been coordinated by Mr, Gilpin, Mr. Hooper and Mr, Purdy in Rotary Park each year generally on Thursday evenings throughout the summer season. Mr. Gilpin, Mr, Hooper, and Mr. Purdy locate sponsors for each evening to cover the costs of providing the musical entertaimnent etc, 2.0 The Concerts in the Park provides benefits to the Municipality via heightening the usage of the Park by the community and promoting awareness of the downtown area. 933 .;- TR-31-01 Page Two 3.0 An agreement or contract is necessary to ensure that Mr. Gilpin, Mr. Hooper and Mr. Purdy are protected as municipal volunteers for the purposes of providing the Concerts in the Park events under the Municipality's liability coverage. CONCLUSION: In order for the Concerts in the Park series to proceed, it is necessary to ensure that the appropriate liability coverage is in place, This is most appropriately done at this time by virtue of executing a contract for the provision of the services. Respectfully ,submitted, Reviewed by, C)I---~-~ 'e A. Marano, RBSc., AMCT Treasurer Franklin Wu, M.C.1P., R.P.P. Chief Administrative Officer NTlMAMJpp Attach: 931 THIS CONTRACTUAL AGREEMENT made this 29th day of May, 2001. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ("Municipality") OF THE FIRST PART MR. GARTH GILPIN, MR. RON HOOPER, AND MR. BRIAN PURDY OF THE SECOND PART WHEREAS: A. The Municipality wishes the Concerts in the Park Series to proceed; B. Mr, Gilpin, Mr, Hooper, and Mr. Purdy are willing to organize and co-ordinate the events; NOW THEREFORE WITNESSETH THAT the Parties hereto covenant and agree to and with each other as follows: 1, THAT Mr. Gilpin, Mr. Hooper, and Mr. Purdy are authorized to organize and co- ordinate the Concerts in the Park series at Rotary Park in accordance with the planned schedule. 2. In consideration for the performance of this service, the Municipality of Clarington agrees to indemnitY and save harmless Mr. Gilpin, Mr. Hooper, and Mr. Purdy from and against all losses, claims, damages, actions, causes of action, costs of expenses that they may sustain, incur, suffer or be put to at any time before, during or after the Concerts in the Park series arising out of or occurring directly or indirectly out of the event, save and except negligence of the part of the individuals involved. IN WITNESS WHEREOF the parties have hereunto set their hand and ,seal the day and year first above written and the Municipality has hereunto affixed its seal by the hand of its proper officer duly authorized in that behalf. SIGNED, SEALED AND DELIVERED In the presence of: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Mayor Clerk