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Home My WebLink About00 094 Rogers TV Advertisement e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2000 - 94 A BY-LAW TO AUTHORIZE THE SIGNING OF A SPONSORSHIP AGREEMENT WITH ROGERS TELEVISION WHEREAS the Council for The Municipality of Kincardine deems it advisable to enter into a Sponsorship Agreement with Rogers Television for advertisement series The Ontario Daytripper. NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That The Corporation of the Municipality of Kincardine enter into an advertisement agreement with Rogers Televsion for advertisement series The Ontario Daytripper in the amount of $8,025.00 including taxes. 2. That the Clerk be authorized to sign, on behalf of The Corporation of the Municipality of Kincardine, the Sponsorship Agreement with Rogers Television attached to this by-law and to affix the corporate seal as and when required. 3. This By-law shall come into full force and effect upon its final passage. 4. This By-law may be cited as the "Rogers Television Advertisement Agreement, By-law". READ a FIRST and SECOND time this 28th day of June. READ a THIRD time and DEEMED TO BE PASSED this 9th day of August, 2000. ~ Mayor ~-¡ ~!V ~ ;;.. . . . , O ROGERS . televi· n SPONSORSHIP AGREEMENT This Sponsorship Agreement ("Agreement") effective as of 30th day of May, 2000 {the ("Effective Date"), between Municipality of Kincardine, a corporation having its principal place of business at 707 Queen Street, Kincardine, ON N2Z 1Z9. ("Sponsor"), and Rogers Television a division of Rogers Cablesystems Limited ("Rogers"), añ Ontario corporation having its principal place of business at 85 Grand Crest Place, Kitchener, Ontario, N2A 4G8 WHEREAS Rogers is licensed by the Canadian Radio-television and Telecommunications Commission to offer community television programming in certain territories in Canada and intends to broadcast the Series (as defined below) as part of such community television programming; AND WHEREAS Sponsor wishes to provide financial assistance for the Series and be identified as a Sponsor for the Series; NOW THEREFORE, for good and valuable consideration, the parties agree as follows: 1. Definitions. In this Agreement, the following terms shall have the meanings set forth below: "Episode" means one episode of the Series; "Series" means the series of programs entitled The Ontario Daytripper "Sp!ilnsorship Acknowledgment" means an oral or written statement of up to fifteen (15) seconds in length which may contain no more than the following information: (i) the name, address and telephone number of the Sponsor; (ii) the goods, services or activities that are being sold or promoted by the Sponsor; and (iii) an acknowledgement that the Sponsor has provided direct financial assistance for the Series in which the Sponsorship Acknowledgement is contained; and "Sponsorship Fee" shall have the meaning ascribed thereto in section 3.1 of this Agreement. 2. Rogers's Sponsorship Obligations. 2.1 Identification of Sponsor: In consideration for the payment made by Sponsor of the Sponsorship Fee, and subject to the terms and conditions of this Agreement, Rogers agrees to incorporate 5 second Sponsorship billboard Acknowledgment in each Episode broadcast in the licensed territory of Rogers Television. Rogers Television agrees to feature the sponsor in a 20 minute_ segment (approximate) within the series The Ontario Daytripper. The segment will not be limited to promotion of the sponsor and may include other tourist related businesses. attractions and special events. The quantity of and selection of the featured attractions shall be determined and approved by Rogers Television. # 6204 ~, 3.....· . . . . ~ -2- 2.2 Sponsorship Acknowledgements: Sponsor agrees that Sponsorship Acknowledgements may be broadcast by Rogers prior to, during, or immediately following the broadcast of an Episode, in Rogers's sole discretion. Sponsor acknowledges that it will be entitled to receive Sponsorship Acknowledgements totaling up to, but not in excess of, thirty (30) seconds per thirty (30) minute program period. Series Schedule: Rogers will use commercially reasonable efforts to broadcast the Series commencing on or about July 3rd, 2000 and ending on or about September 8th, 2000. And commencing again April 2'" , 2001 and ending or about September 7"',2001. 2.3 2.4 Right to Cancel or Re-Schedule Series: Notwithstanding anything else in this Agreement, Sponsor acknowledges and agrees that Rogers reserves the right to cancel or re-schedule any Episode or the Series, at its sole option. In the event that Rogers either: (i) cancels the Series; or (ii) re-schedules the Series to a time slot unacceptable to the Sponsor, Rogers may, at its discretion, either: a) transfer any remaining Sponsorship Acknowledgments to another Series acceptable to Sponsor; b) provide the Sponsor with a credit equal to the value of any Sponsorship Acknowledgements paid for hereunder but not yet broadcast; or c) provide the Sponsor with a refund equal to the value of any Sponsorship Acknowledgements paid for hereunder but not yet broadcast, less any costs incurred by Rogers in publicizing such canceled broadcasts. 2.5 Right to Re-run the Series: Sponsor acknowledges that Rogers may re-run the Series at any time with or without including the Sponsorship Acknowledgments in such Series re-run. 3. Sponsor Obligations. 3.1 Fees: Sponsor agrees to pay Rogers a sponsorship fee for the Sponsorship Acknowledgements equal to $7,500.00, plus all applicable sales, goods and services, value added, use or other like taxes, levies and charges, chargeable by or payable to any federal, provincial, local or municipal taxation authority. 3.2 Payment: Sponsor shall pay a 50% installment ($3,750.00 plus GST) of the total Sponsorship fee of ($7,500.oo plus GST) by May 31st, 2000. The remaining balance of the Sponsorship fee ($3,750.00 plus GST) will be due January 3rd, 2001. 3.3 Materials: Sponsor agrees to provide Rogers with any artwork to be used as part of the Sponsorship Acknowledgement in videotape format, 35mm slides, or "5x7" photographs. Rogers may, at Sponsor's request, elect to provide creation or production services to Sponsor at Rogers's standard rates for such services. Rogers # 6204 .~ ~ ~ . . - .,-... . .~ -3- assumes no liability for loss or damage to materials furnished by Sponsor to Rogers pursuant to this Agreement, and shall have no obligation to retum such materials to Sponsor. 3.4 Licence to Use Sponsor's Trade-mark: Sponsor grants to Rogers a royalty-free, non-exclusive licence to use the Sponsor's trade-marks, trade names, and design marks as part of the Sponsorship Acknowledgements and in association with the Series and all promotion and advertising related to the Series. 3.5 Warranty and Indemnity: Sponsor represents, warrants and covenants that it has all rights necessary to enter into this Agreement and to perform its obligations hereunder, including, without limitation, all intellectual property rights in and to the trade-marks, trade names, design marks and other artwork and creative material provided to Rogers. Sponsor shall defend, indemnify and hold Rogers harmless from and against all claims, losses, damages, and expenses (including reasonable legal fees) incurred by Rogers as a result of the breach by Sponsor of this representation, warranty and covenant. 4. Term and Termination. Term: This Agreement will commence on the Effective Date and, unless terminated earlier pursuant to section 4.2 hereof, will continue until Rogers completes the broadcast of all Sponsorship Acknowledgements purchased by Sponsor for which Rogers has not provided a refund or a credit pursuant to subsection 2.4(b) or 2.4(c). 4.2 Termination: Rogers shall have the right to terminate all or any part of this Agreement at any time upon thirty (30) days notice to the Sponsor. Upon such termination, Rogers will provide the Sponsor with a refund equal to the value of any Sponsorship Acknowledgements paid for hereunder but not yet broadcast, less any costs incurred by Rogers in publicizing such canceled broadcasts. 4.1 5. General. 5.1 Limitation of Liability: Rogers shall have no liability to Sponsor for any costs, liabilities, losses, damages, or expenses, whether direct, indirect, special, consequential, exemplary, punitive or otherwise (including loss of profit), arising directly or indirectly or otherwise relating to this Agreement. 2.13 General: Each of the parties to this Agreement are independent contractors. Nothing herein shall be construed to place the parties in a relationship of principal and agent, partners or joint ventures, and neither party shall have the power to obligate or bind the other party in any manner whatsoever. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter of this Agreement. This Agreement shall be governed by and construed in accordance with the law of Ontario and the laws of Canada applicable therein. This Agreement shall enure to the benefit of, and shall be binding on, the parties and their respective successors and # 6204 .J ,I ~ ,. . . . . -4- permitted assigns. The Sponsor may not assign this Agreement or any of its rights or obligations hereunder without the prior written consent of Rogers. BY SIGNING BELOW, the parties agree to be bound by the terms of this Agreement as of the Effective Date. SPONSOR Per: Q~ra.~ Name: Rosaline Graham Title: c...\..cW::. I have the authority to bind the Corporation # 6204 ROGERS CABLESYSTEMS LIMITED Per: /7..:.. k Name: Rick Rathwell Title: Acting Station Manager I have the authority to bind the Corporation ROGERS CABLESYSTEMS LIMITED Per: Name: Nobelia DaSilva Title: Sponsorship Sales Consultant I have the authority to bind the Corporation