HomeMy WebLinkAboutTR-70-98
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
File # t=" \9'- a u...
Res.(;fA . L..\?!1,.. 9?
By-Law # '11'- /,,3 $"
MONDAY, AUGUST 31,1998
TR 70 98 File#:
TENDER AWARDS - SUMMER COUNCIL BREAK
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report TR-7-98 be received for information; and
2. That the attached By-Law, marked Schedule "A" authorizing the
Mayor and Clerk to enter into an agreement with Skate Rite
Sharpening, Bowmanville, Ontario be forwarded to Council for
approval.
BACKGROUND AND COMMENT:
In accordance with the Resolution #GPA-391-98, the Administrator
and the Treasurer awarded the following Tenders/Contracts during
the July/August Council Break:
1. Quotation Q98-7 Operation of the Pro Shop, Garnet B. Rickard
Recreation Complex;
2. Quotation Q98-13 Supply and Install Air Conditioner, 132
Church Street, Bowmanville, Ontario
3. Tender CL98-16 Supply and Install Evaporative Condenser
4. Interior Finishing - Panelling, Newcastle Community Hall
A summary outlining the bids and awards is attached (Schedule "B") .
lly submitted,
Reviewed by,
H . BSc . , AMCT . ,
W.H. St~
Chief Administrative
Officer.
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8 11
SCHEDULE "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 98
Being a By-law to authorize a contract between
Skate Rite Sharpening Bowmanville, Ontario,
c/o Fred Cosgrove, in the respect to the Operation
of the Pro Shop located at the Garnet B. Rickard
Recreation Complex.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
THAT the Mayor and Clerk are herby authorized to execute, on behalf
of the Corporation of the Municipality of Clarington, and seal with
the Corporation Seal, a Contract between Skate Rite Sharpening and
Said Corporation, which is attached hereto and marked Schedule "B".
By-law read a first and second time this
1998.
day
of
September,
By-law read a third time and finally passed this
September, 1998.
day
of
Mayor
Clerk
012
SCHEDULE "B"
BID SUMMARY
1.
Quotation Q98-7
Recreation Complex
Operation of Pro Shop Garnet B. Rickard
A quotation was advertised in local papers and mailed to four interested
parties. Subsequently, the only quotation received was from Skate Rite
Sharpening, Bowmanville, Ontario in the amount of $150.00 per month,
payable in advance to the Municipality of Clarington, for the 1998/1999
year; $175.00 per month for the 1999/2000 and $200.00 for the 2000/2001
year. The previous contract for the 1996/97 and 1997/98 season was
$100.00 per month and $125.00 per month, respectively. The low bidder
has previously performed satisfactorily in the Pro Shop for the
Municipality of Clarington.
The funds received will be credited to Account #6400-00068-0000.
A By-law authorizing the Mayor and the Clerk to execute an agreement and
a signed copy of a lease between Skate Rite Sharpening and the
Municipality of Clarington is attached marked Schedule "Au.
The Treasurer
recommendation.
specifications,
Services.
has reviewed the requirements and concurs with the
Queries with respect to department needs,
etc. should be referred to the Director of Community
813
SCHEDULE "B"
BID SUMMARY
2. Q98-13 - Supply and Install Air Conditioner - 132 Church Street
Bowrnanville.
Quotations were invited from three vendors with one bid being received
from Superior Plumbing and Heating, Cobourg, Ontario in the amount of
$28,676.00. An estimate of $20,000.00 was received prior to the
invitation to quote, however, because of the final bid price of
$28,676.00 it should be considered a tender.
Funding of $25,000.00 will be provided from the Administration 1998
Capital Budget Account #7023-00000-0501, as reflected on Page 11 of the
Draft Capital Budget and the balance of $3,676.00 will be provided from
the funds carried over from the 1995 Capital Budget, funded through the
Infrastructure Program.
After review and analysis of the bids by Purchasing, it was mutually
agreed that Superior Plumbing & Heating be recommended for the contract
award.
The subject firm have previously performed satisfactorily for the
Municipality of Clarington.
814
SCHEDULE "B"
BID SUMMARY
3. CL98-16 Supply and Install Evaporative Condenser
Tenders were advertised and invited, with bids being received and
tabulated as follows:
Refrigeration
Toronto, Ontario
$24,466.62
$25,229.53
Dasco Refrigeration
Guelph, Ontario
Includes Taxes
Funding will be provided from the Administration 1998 Capital Budget
Account #7041-00000-0501, as reflected on Page 32 of the Draft Capital
Budget and are well within the $28,000.00 allocation.
After and Analysis of the bids by Purchasing, it was mutually agreed
that Cimco Refrigeration be recommended for the contract award in an
amount of $24,466.62.
The subject firm have previously performed satisfactorily for the
Municipality of Clarington.
815
SCHEDULE "B"
BID SUMMARY
4. Interior Finishing - Panelling - Newcastle Community Hall
The above noted contract was awarded to Town & Country, Oshawa, Ontario,
in an amount of $8,800.00.
Note: Additional $1,000.00 approved if required to match stain on
panels due to various different types of wood.
This project was originally approved in the 1997 Capital Budget in the
amount of $7,000.00. It is proposed that the additional funding be
provided from unexpended funds for the electrical modifications, account
#110-00156-00000, which was carried over from the 1996 Capital Budget.
A total of $7,500.00 remains in this account.
The Treasurer has received the funding requirements and concurs with
this recommendation.
Due to the time constraints with respect to the length of time required
to complete the work and the upcoming Newcastle Community Hall
Anniversary Celebrations authorization to commence work immediately was
provided.
816
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SCHEDULE "G"
As per the terms, conditions and specifications outlined in Quotation Q9~7 (Appendix "A"), this agreement IS
between the Municipality of Clarington (the Lessor) and (' H:J) (DSt,;.:tvL(the Lessee) for the 1998/99,
1999/2000 and 2000/2001 seasons expiring on or about June 30, 200 I.
The Lessee agrees:
1) not to assign or sublet all or any portion of the business or interest herein (without leave and such
consent may, be arbitrarily refused by the Corporation);
2) riot to sell or allow the sale of any intoxication or alcoholic beverages or any fermented ale, wine, liquor,
or spirits:
3) to offer for sale gOOds directly related to recognized and approved recreational activities, a list of goods
and prices wil: be submitted to the Municipality for approval by the Director of Community Services prior
to offering goods or changing of prices;
4) to preserve the Pro Shop in good order and to prevent any unlawful pursuits;
5) the lessee shall serve the public promptly and efficiently ami ill <1 1l1;1I11ler siltlsfactol liy 10 till'
Mlllllcipillily, 1111 f1ll1plnynnn nllllll hll Willi [IInnllllld, d"IlIllIlld 111'"1111111111111111", III" 111",,,,,, 1111"" 1'"'Vld"
( Hlqlnlfll!! ~IIIjH!'VhIIHI (J/ 11111 ~ihldll tdld'I"lIIlIIU,
6) to furnish a PubliC Liability Policy valid for the Province of Ontario, Such policy shall have inclusive
limits of not less than two million dollars for bodily injury, property damage resulting from any
occurren.::e and will prOVide adequate insurance coverage with respect to any damage or loss by fire or
loss by burglary of any stock or equipment of the Lessee upon the premises, The Lessee will indemnify
and keep indemnified the CorpOreAtion from and against all actions, suits, claims, and demands
whatsoever which the Lessor may bear, sustain, be at or put onto for or by reason of, or on account cf,
arlY injury or death of persons and or damage to property arising out of or incidental to the Lessee's
occupancy of the premises of their operations of the use of any right of way over any portion of the
premises demised;
7) to accept the Pro Shop in the condition on which he finds at the commencement of the agreement;
8) to maintain the Pro Shop equipment, to conduct business at a high level of neatness and cleanliness, to
leave the Pro Shop in a neat and tidy condition and in a good state of repair at the expiration of the
agreement;
9) to pay in advance by certified cheque the total annual accepted rate prior to tenancy for the 1998-1999
season and in advance by certified cheque on the anniversary date each year thereafter;
10) to abide by all rules and regulations approved by the Municipality of Clarington, Local authorities, and all
provincial and federal regulations;
11) to submit written evidence for Workers' Compensation Board that they have complied with the
requirements of the Workers' Compensation Act and is in good standing under the said act;
12) that upon breach of any of the express terms and conditions of the agreement, the Municipality of
Clarington may, in addition to any other remedy cancel the agreement, and upon receipt by the Bidder
of notice of cancellation the Agreement shall be null and void. However, the failure of the Municipality
of Clarington to insist in one or more instances upon the performance of the biddflr of any of the Terms
and Conditions of Ihe Agreement sh<111 not bo construod <1S iI WillVOI of 1110 ftlllllO p"rfollllnnr:o of nllY
'111<h Torlll f1r C'"Hllllrll'llIlld 11111 n!>IIUIIIlllllfl III 1I111 I\lrld", ,,11111111111111111" 111111111111111 .11111 "ft",I.
13) Alll.easehold l'1lprovements (other than Tenant's fixtures) shall immediately upon their placement
become the Landlord's property without compensation to the Tenant. Except as may be otherwise
agreed by the Landlord in writing, no Leasehold Improvements shall be removed from the Premises by
the Tenant either during or at the expiry or earlier termination of the Term. The Tenant may, during the
Term, in the usual -::ourse of its business, remove its fixtures, provided that the Tenant is not in default
und"r this lease G1nd provided that such fixtures have become excess to the Tenant's needs or the
Tenant is substituting new and similar fixtures therefor. The Tenant, at the expiration or earlier
termination of the Term, at its cost, (I) shall remove such of the Tenant's fixtures (excluding Leasehold
Improvements) and Tenant's personal property in the Premises as the Landlord shall require, (II) shall
restore the Premises to the Landlord's then current Building standard (including, without limitation the
removal and disposal of any and all hazardous or toxic substances and containers therMore in
accordance with all applicable laws and the requirements of all Authorities) to the extent required by the
Landlord and (/II) shall otherwise peaceably surrender and deliver up vacant Possession of the
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Premises to the Landlord. The Tenant, at its cost, shall repair any damage caused to the Building or
Clny part thereof by such removal or restoration. If the Tenant does not remove its fixtures and personal
property at the expiry or earlier termination of the Term, then, at the option of the Landlord and without
prejudice to any other rights or remedies available to the Landlord, the fixtures and personal property
shall become the absolute property of the Landlord without payment of any compensation therefore to
the Tenant and, without notice to the Tenant, may be removed from the Premises and sold or disposed
of by the Landlord in such manner as it deems advisable, all without any liability whatsoever to the
Tenant. If the Tenant fails to repair any such damage or complete any work, removal, disposal or
restoration referred to in this Section by the expiry or earlier termination of the Term, the Tenant shall
be respo'lsible for, and shall indemnify and save harmless the Landlord from and against, all expenses,
losses and damages caused by such failure, including, without limitation, the damages suffered by the
Landlord for loss of use of the Premises and the cost of removing and selling or disposing of such
fixtures and personal property and restoring the Premises to the Landlord's then current Building
standard. The Landlord's rights and the Tenant's obligations under this Section shall survive the
expiration or earlier termination of the Term.
14) on the termination of the Agreement the Lessee shall remove at his expense all equipment which he
has provided at the Pro Shop in accordance with an itemized list which shall be submitted at the
commencement of the Agreement and revised at the commencement of each succeeding year;
15) during the last two months of the Agreement or at any time that the Lessee ma~ be in default of the
CQvenants, Terms and Provisions hereof, the Corporation shall have the right to show the Pro Shop at
anytime provided the business of the Operator is not unreasonably disrupted;
16) to refrain from putting up or exhibiting upon any part of the Pro Shop any sign, notice, notice board,
painting design or other device advertising any business undertaking or scheme without having first
olitained the consent in writing of the Municipality;
17) not to use any public address system barker, spieler, hawker. hustler, crier or any other noisemaker to
advertise or attract attention to any article, ware, product, merchandise, service or function offered for
Sole or rent by the Operator.
The Lessor will provide:
1) a schedule of activities for the Complex when deemed necessary; and
2) key acsess to the area when required.
Date: \f\ON. -.:s0N\: d.::2r<-\. \C\C\~
Date:
Clerk
Mayor
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