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HomeMy WebLinkAbout98-135 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER '98-135 Being a By-law to authorize a contract zetween 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 thisl4th day of September, 1998 . By-law read a third time and finally passed this 14th day of September, 1998 . Mayor C1er�E a r t 7 SCHEDULE "G" TO BY-LAW 98-135 As per the terms, conditions and specifications outlined in Quotation Q98-7 (Appendix "A"), this agreement is between the Municipality of Clarington (the Lessor) and sFPE-D 0� I' {the Lessee) for the 1998/99, 1999/2000 and 2000/2001 seasons expiring on or about June 30, 2001. 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) not 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 will 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 and in a manner satisfactorily to the Municipality, all employees shall be well groomed, clean and neat at all times, the Lessee must provide competent supervision of the skate sharpening; 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 occurrence 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 Corporation 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 of, any 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 bidder of any of the Terms and Conditions of the Agreement shall not be construed as a Waiver of the future performance of any such Term or Conditions and the obligations of the Bidder shall continue in full force and effect; 13) All Leasehold Improvements (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 course of its business, remove its fixtures, provided that the Tenant is not in default under this lease and 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, (1) 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 therefore in accordance with all applicable laws and the requirements of all Authorities) to the extent required by the Landlord and (111) shall otherwise peaceably surrender and deliver up vacant Possession of the { Premises to the Landlord. The Tenant, at its cost, shall repair any damage caused to the Building or any 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 responsible 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 may be in default of the covenants, 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 obtained 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 sale or rent by the Operator. The Lessor will provide: 1) a schedule of activities for the Complex when deemed necessary; and 2) key access to the area when required. Date: i'*(\o Date: I Clerk Mayor As per the terms, conditions and specifications outlined in Quotation Q98-7 (Appendix "A"), this agreement is between the Municipality of Clarington (the Lessor) and Skate Rite Custom Skate Sharpening (the Lessee) for the 1998/99, 1999/2000 and 2000/2001 seasons expiring on or about October 26", 2001. 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) not 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 will 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 and in a manner satisfactorily to the Municipality, all employees shall be well groomed, clean and neat at all times, the Lessee must provide competent supervision of the skate sharpening; 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 occurrence 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 Corporation 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 of, any 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 bidder of any of the Terms and Conditions of the Agreement shall not be construed as a Waiver of the future performance of any such Term or Conditions and the obligations of the Bidder shall continue in full force and effect; 13) All Leasehold Improvements (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 course of its business, remove its fixtures, provided that the Tenant is not in default under this lease and 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 Nrmination of the Term, at its cost, (1) shall remove such of the Tenant's fixtures (excluding Leasehold irovements) and Tenant's personal property in the Premises as the Landlord shall require, (II) shall ,)re the Premises to the Landlord's then current Building standard (including, without limitation the val and disposal of any and all hazardous or toxic substances and containers therefore in 'ance with all applicable laws and the requirements of all Authorities) to the extent required by the I and (III) shall otherwise peaceably surrender and deliver up vacant Possession of the 1 ' r � Premises to the Landlord. The Tenant, at its cost, shall repair any damage caused to the Building or any 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 responsible 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 may be in default of the covenants, 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 obtained 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 sale or rent by the Operator. The Lessor will provide: 1) a schedule of activities for the Complex when deemed necessary; and 2) key access to the area when required. Date: Date: /�0 11 ��g Cler Mayor r Page 1 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE GARNET B. RICKARD RECREATION COMPLEX PRO SHOP OPERATION CONTENTS: SCHEDULE (A) GENERAL CONDITIONS PAGE 2 - 9 SCHEDULE (B) STANDARD TERMS & CONDITIONS PAGE 10 - 17 SCHEDULE (C) SPECIFICATIONS PAGE 18 - 19 SCHEDULE (D) PRICING SCHEDULE PAGE 20 SCHEDULE (E) REFERENCE SHEETS PAGE 21 —23 SCHEDULE (F) CERTIFICATE OF INSURANCE ATTACHED SCHEDULE (G) SAMPLE LEASE ATTACHED CLOSING TIME & DATE: 4:00 P.M. (LOCAL TIME) WEDNESDAY, JUNE 24, 1998 NOTICE TO BIDDERS: - LATE BIDS WILL NOT BE ACCEPTED, BUT RETURNED UNOPENED TO THE RESPECTIVE BIDDER - BIDS NOT SIGNED ARE SUBJECT TO REJECTION - BIDS MUST BE TYPED OR IN INK - ERASURES OR NOTICEABLE CHANGES MUST BE INITIALLED BY THE BIDDER - BIDDERS MUST NOT INCLUDE RESTRICTIVE OR CONDITIONAL STATEMENTS TO ALTER THE FORMAT OR INTENT OF THE QUOTATION - THE LOWEST OR ANY QUOTATION NOT NECESSARILY ACCEPTED QUOTATIONS MUST BE RETURNED ON THE FORMS PROVIDED, IN THE ENVELOPE CLEARLY MARKED AS TO CONTENTS, PRIOR TO THE CLOSING TIME AND DATE, TO THE FOLLOWING: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO L 1 C 3A6 ISSUED BY: LOU ANN BIRKETT, C.P.P., A.M.C.T. PURCHASING MANAGER TELEPHONE: (905) 623-3379, EXT. 268 f 7 a Page 2 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE (A) GENERAL CONDITIONS Scope of Work Operation of the Pro Shop and Ice Skate Sharpening: Garnet B. Rickard Recreation Complex Pro Shop Service Bids All rates and amounts bid shall be for all services specified herein, payable by certified cheque prior to commencing with the service and be submitted only on the Form of Quotation provided. Payment of contract is yearly and payable prior to tenancy, in advance, by certified cheque, for the 1998-99 season and on the anniversary date each year thereafter. Bid Submission The Municipality will receive and consider offers to lease approximately 300 square feet (gross) of working space and approximately 100 square feet of storage space, known as the Pro Shop located within the Garnet B. Rickard Recreation Complex, for a three year period. Submissions must include, price offered, list of proposed items for sale, and previous experience. After acceptance of an offer to lease, the tenant must enter into a lease, sample attached, with the Municipality in a form satisfactory to the Director of Community Services, subject to the approval of Municipal Council. Evaluation Criteria • Price offered; • Proposed items for sale; • Financial stability; and • Previous experience. t J 9 Page 3 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE (A) GENERAL CONDITIONS (continued) Bid Deposit The quotation will be accompanied by a bid deposit in the form of a Certified Cheque, Bank Draft, Money Order or Cash, payable to the order of the Corporation of the Municipality of Clarington, in the amount of three hundred dollars ($300.00). Bid deposits from unsuccessful bidders will be returned immediately following the award of the contract (except in the case of cash deposits, which require a minimum return period of fourteen (14) days to process). The bid deposits received from the successful bidder(s) will be returned immediately upon the execution of an agreement with the Municipality. Sales Tax The successful bidder(s) hereinafter referred to as the "operator" shall be responsible for all tax submissions to the Province where applicable. Bidder's Investigation The bidder shall make all investigations and examinations of the site or premises to ascertain all conditions and requirements affecting the full performance of the quotation. It is understood that the submission of a quotation is considered conclusive evidence that the bidder has made such examination. Time of Operation The hours of operation will be jointly determined by the Community Services Department and the operator. Information with respect to special events planned for the location during the term of the agreement may be obtained from the Recreation Division of the Community Services Department. Term of Agreement The agreement is for 1998-99, 1999-2000, and 2000-2001 seasons, expiring on or about June 30, 2001. f j Page 4 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE (A) GENERAL CONDITIONS (continued) Sub-Lease Not to assign or sub-let all or any portion of the business or interest herein, without leave, and such consent may, be arbitrarily refused by the Corporation in its sole and absolute discretion. By-laws To comply strictly with all By-laws, rules and regulations of the Corporation of the Municipality of Clarington, the Durham Regional Police, the Medical Officer of Health and all other bodies authorized to make any By-laws, rules or regulations governing the conduct and operation of the business or anything in connection therewith. General Conditions The tenant agrees not to sell or assign or in any way dispose of the right granted by the Agreement to any person whomsoever without the consent of the Municipality. And also agrees to submit written evidence from Workers' Compensation Board that the Bidder has complied with the requirements of the Workers' Compensation Act and is in good standing under the said Act. And also agrees, that should the Bidder default or fail in any matter contained here, the Bidder shall forfeit the bid Deposit to the Corporation of the Municipality of Clarington as liquidated damages for such default or failure. And also agrees, 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 bidder of any of the Terms and Conditions of the Agreement shall not be construed as a waiver of the future performance of any such Term or Condition and the obligations of the Bidder shall continue in full force and effect. c Page 5 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE (A) GENERAL CONDITIONS (continued) Removal of Equipment All Leasehold Improvements (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 course of its business, remove its fixtures, provided that the Tenant is not in default under this lease and 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, (1) shall remove such of the Tenant's fixtures (excluding Leasehold Improvements) and Tenant's personal property in the Premises as the Landlord shall require, (11) 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 therefore in accordance with all applicable laws and the requirements of all Authorities) to the extent required by the Landlord and (III) shall otherwise peaceably surrender and deliver up vacant Possession of the Premises to the Landlord. The Tenant, at its cost, shall repair any damage caused to the Building or any 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 responsible 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. Page 6 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE (A) GENERAL CONDITIONS (continued) Liens The Tenant shall promptly pay for all materials and services supplied and work done in respect of the Premises so as to ensure that no lien is registered against any portion of the Premises or the Lands or against the Landlord's or Tenant's interest therein. If a lien is registered or filed, the Tenant shall discharge it at its expense within 10 days thereafter, failing which the Landlord, at is option, may discharge the lien by paying the amount claimed to be due into court or directly to the lien claimant and the amount so paid and all expenses of the Landlord including, without limitation, legal fees (on a solicitor and his client basis) shall be paid by the Tenant to the Landlord on demand. Showing of Pro Shop During the last two months of the agreement or at any time that the Bidder may be in default of the covenants, terms and provisions hereof, the Corporation shall have the right to show the Pro Shop area at any time provided the business of the Operator is not unreasonably disrupted. Sales of Intoxicants Not to sell or to allow the sale of any intoxicating or alcoholic beverages or any fermented ale, wine, liquor or spirits at the Pro Shop. Order To preserve the Pro Shop in good order, and to prevent gambling or any other unlawful pursuits thereat. Advertising 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 obtained the consent, in writing, of the Director of Community Services. v t , l Page 7 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE (A) GENERAL CONDITIONS (continued) Staff The Operator shall, at his own cost and expense, provide a sufficient number of employees to serve the public promptly and efficiently and in a manner satisfactory to the Municipality. All such employees shall be well groomed, clean and neat at all times. The operator must provide adult supervision of the skate sharpening at all times. P.A. System, Hawkers, etc. The Operator shall not use any public address system, "barker", "spieler", "hawker", "hustler", "crier" or any other noisemakers to advertise or attract attention to any article, ware, product, merchandise, service, or function offered for sale or rent by the Operator. Title to Premises The agreement is not intended to and shall not be construed to vest in the Operator title or property rights in the real estate, fixtures, or personal property belonging to the Municipality now located or which may be located hereafter in or around the lands and premises occupied by the Operator or anyone employed by the Operator under the agreement. Taxes, Utilities and Operating Costs The Landlord shall be responsible for and pay and discharge promptly when due: (a) all taxes (including, without limitation, local improvement rates and business taxes), rates, duties and assessments that may be levied, rated, charged or assessed against the Premises; and (b) all charges for public utilities, including water, gas, oil, electrical power or energy, light, heat, air conditioning, telephone, steam or hot water used upon or in respect of the Premises or for fittings, machines, apparatus, meters or other things leased in respect thereof, and for all work or services performed by a corporation or commission in connection with such public utilities. i f Page 8 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE (A) GENERAL CONDITIONS (continued) Insurance a) The Tenant covenants to keep the Landlord indemnified against all claims and demands whatsoever by any person, whether in respect of damage to person or property, arising out of or occasioned by the maintenance, use of occupancy of the Premises or any part thereof. And the Tenant further covenants to indemnify the Landlord with respect to any encumbrance on or damage to the Premises occasioned by or arising from the act, default, or negligence of the Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licenses and the Tenant agrees that the foregoing indemnity shall survive the termination of this Lease notwithstanding any provisions of this Lease to the contrary. b) The Tenant shall carry: i) insurance in his own name to provide coverage with respect to the risk of business interruption to an extent sufficient to allow the Tenant to meet his ongoing obligations to the Landlord and to protect the Tenant against loss of revenues; ii) insurance in his own name insuring against the risk of damage to the Tenant's property within the Premises caused by fire, burglary, or other perils and the policy shall provide for coverage on a replacement cost basis to protect the Tenant's stock-in-trade, equipment, Trade Fixtures, decorations and improvements; and iii) public liability and property damage insurance in the amount of Two Million Dollars in which policy the Landlord shall be a named insured and the policy shall include a cross- liability endorsement; and the Tenant shall provide the Landlord with a copy of the policy certified by the insurer. Condition of Pro Shop The bidder hereby agrees to accept the Pro Shop in the condition in which he finds it at the commencement of this agreement. The Pro Shop will have painted interior block walls, VCT vinyl floor and suspended ceilings. The storage area will have VCT vinyl floor and suspended ceiling. Page 9 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE (A) GENERAL CONDITIONS (continued) Repairs and Clean-up The Tenant hereby accepts the Premises on an "as is" basis — presently has painted interior brick walls and vinyl flooring. The Tenant, at its own expense, shall maintain and keep the Premises in good order and condition as would a prudent owner of similar premises (reasonable wear and tear and damage by fire, lightning and tempest and structural defects only excepted). The Tenant shall keep the Premises clean and in such condition as a prudent owner would do. If structural repairs or replacements to the roof, foundation or load bearing walls or the heating equipment of the Premises are required during the Term, then the Landlord shall be obligated, at is expense, to effect such repair or replacements. The Tenant covenants with the Landlord to leave the Premises in as good repair as the Premises were at the commencement of the Term. The Tenant shall be responsible and pay for cleaning, janitorial services, window cleaning and waste removal. Page 10 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE(B) STANDARD TERMS AND CONDITIONS 1. DEFINITIONS Municipality-The Corporation of the Municipality of Clarington,its successors and assigns. Bidder-The person,firm or corporation submitting a bid to the Municipality. Company - The person, contractor, firm or corporation to whom the Municipality has awarded the contract, it successors and assigns. Contract - The purchase order authorizing the company to perform the work, purchase order alterations, the document and addenda,the bid,and surety. Subcontractor-A person,firm or corporation having a contract with the company for,or any part of,the work. Document-The document(s)issued by the Municipality in response to which bids are invited to perform the work in accordance with the specifications contained in the document. Bid-An offer by a Bidder in response to the document issued by the Municipality. Work-All labour, materials, products, articles,fixtures, services, supplies, and acts required to be done,furnished or performed by the company,which are subject to the Contract. 2. SUBMISSION OF BID Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law#94-129 and will apply for the calling, receiving, and opening of bids. The Municipality will be responsible for evaluating bids, awarding and administering the contract in accordance with the Purchasing By-law. The bid must be submitted on the form(s)and in the envelope supplied by the Municipality unless otherwise provided herein. The envelope must not be covered by any outside wrappings,i.e.courier envelopes or other coverings. The bid must be signed by a designated signing officer of the Bidder. If a joint bid is submitted,it must be signed on behalf of each of the Bidders. The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeout or over-writing must be initialled by the Bidder's authorized signing officer. The bid must not be restricted by a covering letter, a statement added, or by alterations to the document unless otherwise provided herein. Failure to return the document or invitation may result in the removal of the Bidder from the Municipality's bidders list. A bid received after the closing date and time will not be considered and will be returned,unopened. Should a dispute arise from the terms and conditions of any part of the contract, regarding meaning, intent or ambiguity, the decision of the Municipality shall be final. Page 11 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE(B) STANDARD TERMS AND CONDITIONS 3. CONTRACT The contract consists of the documents aforementioned. The contract and portions thereof take precedence in the order in which they are named above, notwithstanding the chronological order in which they are issued or executed. The intent of the contract is that the Company shall supply work which is fit and suitable for the Municipality's intended use and complete for a particular purpose. None of the conditions contained in the Bidder's standard or general conditions of sale shall be of any effect unless explicitly agreed to by the Municipality and specifically referred to in the purchase order. 4. CLARIFICATION OF THE DOCUMENT Any clarification of the document required by the Bidder prior to submission of its bid shall be requested through the Municipality's contact identified in the document. Any such clarification so given shall not in any way alter the document and in no case shall oral arrangements be considered. Every notice,advice or other communication pertaining thereto will be in the form of a written addendum. No officer,agent or employee of the Municipality is authorized to alter orally any portion of the document. 5. PROOF OF ABILITY The bidder may be required to show, in terms of experience and facilities, evidence of its ability, as well as that of any proposed subcontractor,to perform the work by the specified delivery date. 6. DELIVERY Unless otherwise stated, the work specified in the bid shall be delivered or completely performed by the Company as soon as possible and in any event within the period set out herein as the guaranteed period of delivery or completion after receipt of a purchase order therefor. A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles or equipment, shall accompany each delivery thereof. Receiving by a foreperson,storekeeper or other such receiver shall not bind the Municipality to accept the work covered thereby,or the particulars of the delivery ticket or piece tally therefor. Work shall be subject to further inspection and approval by the Municipality. The Company shall be responsible for arranging the work so that completion shall be as specified in the contract. Time shall be of the essence of the contract. Page 12 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE(B) STANDARD TERMS AND CONDITIONS 7. PRICING Prices shall be in Canadian Funds,quoted separately for each item stipulated, F.O.B.destination. Prices shall be firm for the duration of the contract. Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to the full requirements of the bid. No claims for extra work will be entertained and any additional work must be authorized in writing prior to commencement. Should the Company require more information or clarification on any point,it must be obtained prior to the submission of the bid. Payment shall be full compensation for all costs related to the work, including operating and overhead costs to provide work to the satisfaction of the Municipality. All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other charges of every kind attributable to the work. Goods and Services Tax and Provincial Sales Tax shall be extra and not shown, unless otherwise specified herein. If the Bidder intends to manufacture or fabricate any part of the worts outside of Canada, it shall arrange its shipping procedures so that its agent or representative in Canada is the importer of record for customs purposes. Should any additional tax, duty or any variation in any tax or duty be imposed by the Government of Canada or the Province of Ontario become directly applicable to work specified in this document subsequent to its submission by the Bidder and before the delivery of the work covered thereby pursuant to a purchase order issued by the Municipality appropriate increase or decrease in the price of work shall be made to compensate for such changes as of the effective date thereof. 8. TERMS OF PAYMENT Where required by the Construction Lien Act appropriate monies may be held back until 60 days after the completion of the work. Payments made hereunder, including final payment shall not relieve the company from its obligations or liabilities under the contract. Acceptance by the company of the final payment shall constitute a waiver of claims by the company against the Municipality, except those previously made in writing in accordance with the contract and still unsettled. The Municipality shall have the right to withhold from any sum otherwise payable to the company such amount as may be sufficient to remedy any defect or deficiency in the work, pending correction of it. Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contract requirements being completed and work being deemed satisfactory. Page 13 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE(B) STANDARD TERMS AND CONDITIONS 9. PATENTS AND COPYRIGHTS The company shall, at its expense, defend all claims, actions or proceedings against the Municipality based on any allegations that the work or any part of the work constitutes an infringement of any patent, copyright or other proprietary right, and shall pay to the Municipality all costs, damages, charges and expenses, including its lawyers'fees on a solicitor and his own client basis occasioned to the Municipality by reason thereof. The company shall pay all royalties and patent license fees required for the work. If the work or any part thereof is in any action or proceeding held to constitute an infringement,the company shall forthwith either secure for the Municipality the right to continue using the work or shall at the company's expense,replace the infringing work with non-infringing work or modify it so that the work no longer infringes. 10. ALTERNATES Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be final. Any bid proposing an alternate will not be considered unless otherwise specified herein. 11. EQUIVALENCY Any opinion determined by the Municipality with respect to equivalency shall be final. 12. ASSIGNMENT AND SUBCONTRACTING The company shall not assign or subcontract the contract or any portion thereof without the prior written consent of the Municipality. 13. FINANCING INFORMATION REQUIRED OF THE COMPANY The Municipality is entitled to request of the Company to furnish reasonable evidence that financial arrangements have been made to fulfill the Municipality's obligations under the Contract. 14. LAWS AND REGULATIONS The company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and by-laws pertaining to the work and its performance. The company shall be responsible for ensuring similar compliance by suppliers and subcontractors. The contract shall be governed by and interpreted in accordance with the laws of the Province of Ontario. Page 14 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE(B) STANDARD TERMS AND CONDITIONS 15. CORRECTION OF DEFECTS If at any time prior to one year after the actual delivery date or completion of the work(or specified warranty/guarantee period if longer than one year) any part of the work becomes defective or is deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the requirements of the contract, the company, upon request, shall make good every such defect, deficiency or failure without cost to the Municipality. The company shall pay all transportation costs for work both ways between the company's factory or repair depot and the point of use. 16. BID ACCEPTANCE The Municipality reserves the right to award by item,or part thereof, groups of items,or parts thereof, or all items of the bids and to award contracts to one or more bidders submitting identical bids as to price;to accept or reject any bids in whole or in part;to waive irregularities and omissions, if in so doing, the best interests of the Municipality will be served. No liability shall accrue to the Municipality for its decision in this regard. Bids shall be irrevocable for 90 days after the official closing time. The placing in the mail or delivery to the Bidder's shown address given in the bid of a notice of award to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to the extent described in the notice of award. 17. DEFAULT BY COMPANY a. If the company:commits any act of bankruptcy;or if a receiver is appointed on account of its insolvency or in respect of any of its property;or if the company makes a general assignment for the benefit of its creditors;then, in any such case, the Municipality may,without notice:terminate the contract. b. If the company: fails to comply with any request, instruction or order of the Municipality; or fails to pay its accounts; or fails to comply with or persistently disregard statutes, regulations, by-laws or directives of relevant authorities relating to the work; or fails to prosecute the work with skill and diligence; or assigns or sublets the contract or any portion thereof without the Municipality's prior written consent; or refuses to correct defective work; or is otherwise in default in carrying out its part of any of the terms, conditions and obligations of the contract,then, in any such case,the Municipality may, upon expiration of ten days from the date of written notice to the company,terminate the contract. C. Any termination of the contract by the Municipality, as aforesaid, shall be without prejudice to any other rights or remedies the Municipality may have and without incurring any liability whatsoever in respect thereto. d. If the Municipality terminates the contract,it is entitled to: i) take possession of all work in progress, materials and construction equipment then at the project site (at no additional charge for the retention or use of the construction equipment), and finish the work by whatever means the Municipality may deem appropriate under the circumstances; ii) withhold any further payments to the company until the completion of the work and the expiry of all obligations under the Correction of Defects section; � Page 15 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE(B) STANDARD TERMS AND CONDITIONS iii) recover from the company loss,damage and expense incurred by the Municipality by reason of the company's default (which may be deducted from any monies due or becoming due to the company, any balance to be paid by the company to the Municipality). 18. CONTRACT CANCELLATION The Municipality shall have the right, which may be exercised from time to time, to cancel any uncompleted or unperformed portion of the work or part thereof. In the event of such cancellation, the Municipality and the Company may negotiate a settlement. The Municipality shall not be liable to the Company for loss of anticipated profit on the cancelled portion or portions of the work. 19. QUANTITIES Unless otherwise specified herein,quantities are shown as approximate,are not guaranteed to be accurate,are furnished without any liability on behalf of the Municipality and shall be used as a basis for comparison only. Payment will be by the unit complete at the bid price on actual quantities deemed acceptable by the Municipality. 20. SAMPLES Upon request, samples must be submitted strictly in accordance with instructions. If samples are requested subsequent to opening of bids, they shall be delivered within three (3)working days following such request, unless additional time is granted. Samples must be submitted free of charge and will be returned at the bidder's expense, upon request, provided they have not been destroyed by tests,or are not required for comparison purposes. The acceptance of samples by the Municipality shall be at its sole discretion and any such acceptance shall in no way be construed to imply relief of the company from its obligations under the contract. Samples submitted must be accompanied by current Material Safety Data Sheets(MSDS)where applicable. 21. SURETY The successful tenderer shall,if the Municipality in its absolute discretion so desires,be required to satisfy surety requirements by providing a deposit in the form of a certified cheque, bank draft or money order or other form of surety, in an amount determined by the Municipality. This surety may be held by the Municipality until 60 days after the day on which all work covered by the contract has been completed and accepted. The surety may be returned before the 60 days have elapsed providing satisfactory evidence is provided that all liabilities incurred by the company in carrying out the work have expired or have been satisfied and that a Certificate of Clearance from the Workers'Compensation Board has been received. The company shall,if the Municipality in its absolute discretion so desires, be required to satisfy fidelity bonding requirements by providing such bonding in an amount and form determined by the Municipality. Page 16 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE(B) STANDARD TERMS AND CONDITIONS Failure to fumish required surety within two weeks from date of request thereof by the Municipality shall make the award of the Contract by the Municipality subject to withdrawal. 22. WORKERS'COMPENSATION All of the Company's personnel must be covered by Workers'Compensation. Upon request by the Municipality,an original Letter of Good Standing from the Workers' Compensation Board shall be provided prior to the commencement of work indicating all payments by the Company to the Board have been made. Prior to final payment, a Certificate of Clearance must be issued indicating all payments by the Company to the Board in conjunction with the subject Contract have been made and that the Municipality will not be liable to the Board for future payments in connection with the company's fulfilment of the contract. Further Certificates of Clearance or other types of certificates shall be provided upon request. 23. INSURANCE The company shall maintain and pay for Comprehensive General Liability insurance including premises and all operations. This insurance coverage shall be subject to limits of not less than $2,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such other coverage or amount as may be requested. The policy shall include the Municipality as an additional named insured in respect of all operations performed by or on behalf of the Company. A certified copy of such policy or certificate shall be provided to the respective participant prior to commencement of the work. Further certified copies shall be provided upon request. 24. LIABILITY The company agrees to defend, fully indemnify and save harmless the Municipality from all actions, suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury including death to any person and all damage to any property which may arise directly or indirectly by reason of a requirement of the contract, save and except for damage caused by the negligence of the Municipality or its employees. The Company agrees to defend,fully indemnify and save harmless the group from any and all charges,fines,penalties and costs that may be incurred or paid by the Municipality if the Municipality or any of its employees shall be made a party to any charge under the Occupational Health and Safety Act in relation to any violation of the Act arising out of this contract. 25. VISITING THE SITE The Company shall carefully examine the site and existing building and services affecting the proper execution of the work, and obtain a clear and comprehensive knowledge of the existing conditions. No claim for extra payment will be allowed for work or difficulties encountered due to conditions of the site which were visible or reasonably inferable, prior to the date of submission of Tenders. Bidders shall accept sole responsibility for any error or neglect on their part in this respect. Page 17 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE(B) STANDARD TERMS AND CONDITIONS 26. SAFETY The Company shall obey all Federal, Provincial and Municipal Laws, Act, Ordinances, Regulations, Orders-in-Council and By- laws,which could in any way pertain to the work outlined in the Contract or to the Employees of the Company. Without limiting the generality of the foregoing, the Company shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder,on a contractor,a Constructor and/or Employer with respect to or arising out of the performance of the Company's obligations under this Contract. The Company shall be aware of and conform to all governing regulations including those established by the Municipality relating to employee health and safety. The Company shall keep employees and subcontractors informed of such regulations. The Company shall provide Material Safety Data Sheets(MSDS)to the Municipality for any supplied Hazardous Materials. 27. UNPAID ACCOUNTS The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating to the work. The Municipality shall have the right at any time to require satisfactory evidence that the work in respect of which any payment has been made or is to be made by the Municipality is free and clear of liens,attachments,claims,demands,charges or other encumbrances. 28. SUSPENSION OF WORK The Municipality may,without invalidating the contract, suspend performance by the company from time to time of any part or all of the work for such reasonable period of time as the Municipality may determine. The resumption and completion of work after the suspension shall be governed by the schedule established by the Municipality. 29. CHANGES IN THE WORK The Municipality may, without invalidating the contract, direct the Company to make changes to the work. When a change causes an increase or decrease in the work,the contract price shall be increased or decreased by the application of unit prices to the quantum of such increase or decrease,or in the absence of applicable unit prices,by an amount to be agreed upon between the Municipality and the Company. All such changes shall be in writing and approved by the Municipality. 30. CONFLICT OF INTEREST No employee or member of Council of the Municipality shall sell goods or services to the Municipality or have a direct or indirect interest in a Company or own a Company which sells goods or services to the Municipality. f Page 18 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE (C) SPECIFICATIONS General The pro shop area at the Garnet B. Rickard Recreation Complex totals approximately 300 square feet of working space. Storage In addition to the above, one (1) storage area for supplies is provided, totalling approximately 100 square feet. Conditions 1. To offer for sale goods directly related to recognized and approved recreational activities. A list of goods and prices will be submitted to the Municipality for approval by the Director of Community Services prior to offering goods or changing of prices. 2. No verbal arrangement or agreement relating to the goods, material, articles, equipment, work or services, specified or called for under this quotation sheet will be considered binding and every notice, advice or other communications pertaining thereto must be in writing and signed by a duly authorized person. 3. The bidder shall at all times well and truly save, defend, keep harmless and fully indemnify the Municipality and its servants, employees and agents from and against all actions, suits, claims, demands, loss, costs, charges, damages and expense brought or made against or incurred by the Municipality, its servants, employees or agents, in any way relating to goods, material, articles or equipment supplied or the supplying thereof pursuant to an official order based on this quotation sheet or relating to inventions, copyrights, trade marks or patents or rights thereto used in supplying such goods, material, articles or equipment or in performing such work or services or arising out of the subsequent use or operation of such goods, material, articles, equipment or work. Page 19 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE (C) SPECIFICATIONS (continued) 4. In the event that the Bidder fails or neglects to comply with any of the conditions set out in this quotation sheet, any contract resulting from an official order based on this quotation sheet may be unconditionally cancelled by the Municipality without notice. 5. Any notice that the Municipality may be required or desire to give to the Bidder shall for all purposes be deemed to have been sufficiently and properly given if forwarded by registered mail and addressed to the Bidder at the address shown for the Bidder on this quotation sheet and shall irrefutably be presumed to have been received by the bidder on the third day following such registration. 6. Any contract with the Municipality resulting from an official order based on this quotation sheet is entered into on the part of the Municipality in full faith that no member of the Council or Officer of the Municipality has any interest whatsoever therein. 7. Upon acceptance of the Bidder's quotation or any part thereof, by the Municipality either by the issuance of an official order or otherwise, the Bidder shall if requested by the Solicitor for the Municipality so to do, execute and enter into a formal contract that is satisfactory to the Solicitor for the Municipality to properly secure the contract resulting therefrom and to embody indemnity and related provisions that in the opinion of such Solicitor are required to protect the Municipality. 8. The Tenant shall obey all Federal, Provincial and Municipal Laws, Acts, Ordinances, Regulations, Orders-in-Council and By-law, which could in any way pertain to the work outlined in the Contract or to the Employees of the Contractor. Without limiting the generality of the foregoing, the Contractor shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder, on a contractor, a Constructor and/or Employer with respect to or arising out of the performance of the Contractor's obligations under this Contract. y Page 22 of 23 Quotation Q98-7 i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE(E) PRO SHOP MERCHANDISE: Bidders are requested to provide a list of items they propose to sell, with unit size and prices to be charged for the season. Note, this list must be submitted for approval by the Director of Community Services, by August 1 st for each year of the contract. ITEM UNIT PRICE F[fo )9W,Vi PCA A (7` c r X3.50 L J C 67 ck) oel!t' 0 e L,cNtt/7 Ca ch CJcr-t►' �CkC-�'l ��-�J O 00 /1l A// Z/�/n w >3 i c R �6 TT�t 5 Crt �/ �f 5U e�LH_ /a-0° & �fvr. �ctl `'° PASS/'`- �'�. 6on,0 J Shorn fU � �e-14 `�� t� -Schedule "D" Page 20 of 23 r ' PURCHASING OFFICE Quotation Q98-7 QUOTATION REQUEST Closing Time and Date(Local Time): 4:00 p.m.(local time),Wednesday,June 24, 1998 Quotation No: 098-7 Reference/Purchasing Manager.............................Lou Ann Biri<ett................................................. Date: 10106/98 Phone: (905)623-3379 Quotations are invited for the following goods and/or services listed below. Complete in ink or by typing where applicable all blank spaces and return one copy in the enclosed envelope. Bids must be received at the office of the Purchasing Manager, Corporation of the Municipality of Clarington,40 Temperance Street, Bowmanville, Ontario L1C 3A6, by the closing time and date. Late bids will not be accepted. Any or all quotations may be accepted in whole or in part and the lowest or any quotation not necessarily accepted. QUANTITY DESCRIPTION UNIT PRICE EXTENDED PRICES Prices quoted shall be payable in Canadian Funds, F.O.B. destination. Unless otherwise indicated, the Ontario Retail Sales tax and the Goods and Services Tax, if applicable, shall be quoted as a separate item. I/We hereby bid and agree to enter into an agreement with the Municipality of Clarington to operate a Pro Shop at the location checked hereafter, in accordance with the terms, conditions and specifications specified within the quotation documents and in connection therewith to pay a sum of Garnet B. Rickard Recreation Complex $ Imm - i998-19 season Plus G.S.T. $ uu f 1999— season Plus G.S.T. $ o©:Q0 IM M 2000= season Plus G.S.T. I Guaranteed Delivery-or Completion Cash Discount Date Upon Receipt of Official Order............................ And Terms ........................................................... Origin of Goods Goods to be Shipped City&Country ......................./................................ From City&Count .........................../.................. The undersigned, bidder agrees to supply and deliver all goods and/or services for price(s) bid, to the Corporation of the Municipality of Clarington conforming to all terms and conditions setforth herein. A successful bidder must conform to all terms &conditions setforth on the official purchase order subsequently issued upon award, unless otherwise indicated by the Corporation of the Municipality of Clarington. AUTHORIZED SIGNATURE: FIRM NAME:(Bidder) >lR).L ..R. t=.-. ..............................l ADDRESS: a ....C� �p`�L Sc PRINT NAME: ........................................ ........................................................� .. � {"R!� ...C;t� (-I! Q 4................ POSTALCODE: .....!- .......!^...................... ........... ......................... TELEPHONE: Title / �-/ c(PPID. ..C�°�� '�...a.• .......j_V.1..V.�C;3.� .l.�l ......... FAX NUMBER: Dated ...................................................... � S Page 21 of 23 Y Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARiNGTON PURCHASING OFFICE SCHEDULE (E) PRO SHOP SERVICES PREVIOUS EXPERIENCE: Details of bidder's experience and present activities in the Pro Shop business shall be stated below: _ 1 (1,6 O T -19qa S T) 1991- 199 (TC TC C%i3 Please provide detail as to bidder's financial responsibility(Banker, etc.), References, Auditor's Name and Address, etc. IF-i Kliv(7Sr L' F, blgtT iniri��C !� - A cco��N 121) T� �-3 R P`A gC5 48 P�T�R CbS�iRy✓�� 1- 5!9 - ��- �J 3:3 30- K L A1 r1 c. RIL 6 PIAJ lf CC)- cv'D1,V,0T©1c- C--,.B./E ,44C-IM) B B Page 22 of 23 • Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE (E) PRO SHOP MERCHANDISE: Bidders are requested to provide a list of items they propose to sell, with unit size and prices to be charged for the season. Note, this list must be submitted for approval by the Director of Community Services, by August 1 st for each year of the contract. ITEM UNIT PRICE 61ffTC- ,5jMVPrAl-1�VC7. 43 SC) DALI 60 PC" eczc.H a j r' Ay. 0© �1 PC; o ie WwT - en 1-h DUU 5 . UC) snots `tea LX As per the terms, conditions and specifications outlined in Quotation Q98-7 (Appendix "A"), this agreement is between the Municipality of Clarington (the Lessor) and Skate Rite Custom Skate Sharpening (the Lessee) for the 1998/99, 1999/2000 and 2000/2001 seasons expiring on or about October 26th, 2001. 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) not 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 will 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 and in a manner satisfactorily to the Municipality, all employees shall be well groomed, clean and neat at all times, the Lessee must provide competent supervision of the skate sharpening; 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 occurrence 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 Corporation 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 of, any 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 bidder of any of the Terms and Conditions of the Agreement shall not be construed as a Waiver of the future performance of any such Term or Conditions and the obligations of the Bidder shall continue in full force and effect; 13) All Leasehold Improvements (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 course of its business, remove its fixtures, provided that the Tenant is not in default under this lease and 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, (1) 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 therefore in accordance with all applicable laws and the requirements of all Authorities) to the extent required by the Landlord and (III) shall otherwise peaceably surrender and deliver up vacant Possession of the r � Premises to the Landlord. The Tenant, at its cost, shall repair any damage caused to the Building or any 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 responsible 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 may be in default of the covenants, 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 obtained 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 sale or rent by the Operator. The Lessor will provide: 1) a schedule of activities for the Complex when deemed necessary; and 2) key access to the area when required. Dater oZ�� NQ Date: Ale V . 5� �R Q Clerk Mayor Page 1 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE GARNET B. RICKARD RECREATION COMPLEX PRO SHOP OPERATION CONTENTS: SCHEDULE (A) GENERAL CONDITIONS PAGE 2 - 9 SCHEDULE (B) STANDARD TERMS &CONDITIONS PAGE 10 - 17 SCHEDULE (C) SPECIFICATIONS PAGE 18 - 19 SCHEDULE (D) PRICING SCHEDULE PAGE 20 SCHEDULE (E) REFERENCE SHEETS PAGE 21 —23 SCHEDULE (F) CERTIFICATE OF INSURANCE ATTACHED SCHEDULE (G) SAMPLE LEASE ATTACHED CLOSING TIME & DATE: 4:00 P.M. (LOCAL TIME) WEDNESDAY, JUNE 24, 1998 NOTICE TO BIDDERS: - LATE BIDS WILL NOT BE ACCEPTED, BUT RETURNED UNOPENED TO THE RESPECTIVE BIDDER - BIDS NOT SIGNED ARE SUBJECT TO REJECTION - BIDS MUST BE TYPED OR IN INK - ERASURES OR NOTICEABLE CHANGES MUST BE INITIALLED BY THE BIDDER - BIDDERS MUST NOT INCLUDE RESTRICTIVE OR CONDITIONAL STATEMENTS TO ALTER THE FORMAT OR INTENT OF THE QUOTATION - THE LOWEST OR ANY QUOTATION NOT NECESSARILY ACCEPTED * QUOTATIONS MUST BE RETURNED ON THE FORMS PROVIDED, IN THE ENVELOPE CLEARLY MARKED AS TO CONTENTS, PRIOR TO THE CLOSING TIME AND DATE, TO THE FOLLOWING: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO L 1 C 3A6 ' ISSUED BY: LOU ANN BIRKETT, C.P.P., A.M.C.T. PURCHASING MANAGER TELEPHONE: (905) 623-3379, EXT. 268 t w Page 2 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE (A) GENERAL CONDITIONS Scope of Work Operation of the Pro Shop and Ice Skate Sharpening: Garnet B. Rickard Recreation Complex Pro Shop Service Bids All rates and amounts bid shall be for all services specified herein, payable by certified cheque prior to commencing with the service and be submitted only on the Form of Quotation provided. Payment of contract is yearly and payable prior to tenancy, in advance, by certified cheque, for the 1998-99 season and on the anniversary date each year thereafter. Bid Submission The Municipality will receive and consider offers to lease approximately 300 square feet (gross) of working space and approximately 100 square feet of storage space, known as the Pro Shop located within the Garnet B. Rickard Recreation Complex, for a three year period. Submissions must include, price offered, list of proposed items for sale, and previous experience. After acceptance of an offer to lease, the tenant must enter into a lease, sample attached, with the Municipality in a form satisfactory to the Director of Community Services, subject to the approval of Municipal Council. Evaluation Criteria • Price offered; • Proposed items for sale; • Financial stability; and • Previous experience. Y Page 3 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE (A) GENERAL CONDITIONS (continued) Bid Deposit The quotation will be accompanied by a bid deposit in the form of a Certified Cheque, Bank Draft, Money Order or Cash, payable to the order of the Corporation of the Municipality of Clarington, in the amount of three hundred dollars ($300.00). Bid deposits from unsuccessful bidders will be returned immediately following the award of the contract(except in the case of cash deposits, which require a minimum return period of fourteen (14) days to process). The bid deposits received from the successful bidder(s) will be returned immediately upon the execution of an agreement with the Municipality. Sales Tax The successful bidder(s) hereinafter referred to as the "operator' shall be responsible for all tax submissions to the Province where applicable. Bidder's investigation The bidder shall make all investigations and examinations of the site or premises to ascertain all conditions and requirements affecting the full performance of the quotation. It is understood that the submission of a quotation is considered conclusive evidence that the bidder has made such examination. Time of Operation The hours of operation will be jointly determined by the Community Services Department and the operator. Information with respect to special events planned for the location during the term of the agreement may be obtained from the Recreation Division of the Community Services Department. Term of Agreement The agreement is for 1998-99, 1999-2000, and 2000-2001 seasons, expiring on or about June 30, 2001. r Page 4 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE (A) GENERAL CONDITIONS (continued) Sub-Lease Not to assign or sub-let all or any portion of the business or interest herein, without leave, and such consent may, be arbitrarily refused by the Corporation in its sole and absolute discretion. By-laws To comply strictly with all By-laws, rules and regulations of the Corporation of the Municipality of Clarington, the Durham Regional Police, the Medical Officer of Health and all other bodies authorized to make any By-laws, rules or regulations governing the conduct and operation of the business or anything in connection therewith. General Conditions The tenant agrees not to sell or assign or in any way dispose of the right granted by the Agreement to any person whomsoever without the consent of the Municipality. And also agrees to submit written evidence from Workers' Compensation Board that the Bidder has complied with the requirements of the Workers' Compensation Act and is in good standing under the said Act. And also agrees, that should the Bidder default or fail in any matter contained here, the Bidder shall forfeit the bid Deposit to the Corporation of the Municipality of Clarington as liquidated damages for such default or failure. And also agrees, 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 bidder of any of the Terms and Conditions of the Agreement shall not be construed as a waiver of the future performance of any such Term or Condition and the obligations of the, Bidder shall continue in full force and effect. e Page 5 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE (A) GENERAL CONDITIONS (continued) Removal of Equipment All Leasehold Improvements (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 course of its business, remove its fixtures, provided that the Tenant is not in default under this lease and 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, (1) 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 therefore in accordance with all applicable laws and the requirements of all Authorities) to the extent required by the Landlord and (111) shall otherwise peaceably surrender and deliver up vacant Possession of the Premises to the Landlord. The Tenant, at its cost, shall repair any damage caused to the Building or any 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 responsible 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. I , t Page 6 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE (A) GENERAL CONDITIONS (continued) Liens The Tenant shall promptly pay for all materials and services supplied and work done in respect of the Premises so as to ensure that no lien is registered against any portion of the Premises or the Lands or against the Landlord's or Tenant's interest therein. If a lien is registered or filed, the Tenant shall discharge it at its expense within 10 days thereafter, failing which the Landlord, at is option, may discharge the lien by paying the amount claimed to be due into court or directly to the lien claimant and the amount so paid and all expenses of the Landlord including, without limitation, legal fees (on a solicitor and his client basis) shall be paid by the Tenant to the Landlord on demand. Showing of Pro Shop During the last two months of the agreement or at any time that the Bidder may be in default of the covenants, terms and provisions hereof, the Corporation shall have the right to show the Pro Shop area at any time provided the business of the Operator is not unreasonably disrupted. Sales of Intoxicants Not to sell or to allow the sale of any intoxicating or alcoholic beverages or any fermented ale, wine, liquor or spirits at the Pro Shop. Order To preserve the Pro Shop in good order, and to prevent gambling or any other unlawful pursuits thereat. Advertising 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 obtained the consent, in writing, of the Director of Community Services. r Page 7 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE (A) GENERAL CONDITIONS (continued) Staff The Operator shall, at his own cost and expense, provide a sufficient number of employees to serve the public promptly and efficiently and in a manner satisfactory to the Municipality. All such employees shall be well groomed, clean and neat at all times. The operator must provide adult supervision of the skate sharpening at all times. P.A. System, Hawkers, etc. The Operator shall not use any public address system, "barker", "spieler", "hawker", "hustier", "crier" or any other noisemakers to advertise or attract attention to any article, ware, product, merchandise, service, or function offered for sale or rent by the Operator. Title to Premises The agreement is not intended to and shall not be construed to vest in the Operator title or property rights in the real estate, fixtures, or personal property belonging to the Municipality now located or which may be located hereafter in or around the lands and premises occupied by the Operator or anyone employed by the Operator under the agreement. Taxes, Utilities and Operating Costs The Landlord shall be responsible for and pay and discharge promptly when due: (a) all taxes (including, without limitation, local improvement rates and business taxes), rates, duties and assessments that may be levied, rated, charged or assessed against the Premises; and (b) all charges for public utilities, including water, gas, oil, electrical power or energy, light, heat, air conditioning, telephone, steam or hot water used upon or in respect of the Premises or for fittings, machines, apparatus, meters or other things leased in respect thereof, and for all work or services performed by a corporation or commission in connection with such public utilities. Page 8 of 23 Quotation 098-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE (A) GENERAL CONDITIONS (continued) Insurance a) The Tenant covenants to keep the Landlord indemnified against all claims and demands whatsoever by any person, whether in respect of damage to person or property, arising out of or occasioned by the maintenance, use of occupancy of the Premises or any part thereof. And the Tenant further covenants to indemnify the Landlord with respect to any encumbrance on or damage to the Premises occasioned by or arising from the act, default, or negligence of the Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licenses and the Tenant agrees that the foregoing indemnity shall survive the termination of this Lease notwithstanding any provisions of this Lease to the contrary. b) The Tenant shall carry: i) insurance in his own name to provide coverage with respect to the risk of business interruption to an extent sufficient to allow the Tenant to meet his ongoing obligations to the Landlord and to protect the Tenant against loss of revenues; ii) insurance in his own name insuring against the risk of damage to the Tenant's property within the Premises caused by fire, burglary, or other perils and the policy shall provide for coverage on a replacement cost basis to protect the Tenant's stock-in-trade, equipment, Trade Fixtures, decorations and improvements; and iii) public liability and property damage insurance in the amount of Two Million Dollars in which policy the Landlord shall be a named insured and the policy shall include a cross- liability endorsement; and the Tenant shall provide the Landlord with a copy of the policy certified by the insurer. Condition of Pro Shop The bidder hereby agrees to accept the Pro Shop in the condition in which he finds it at the commencement of this agreement. The Pro Shop will have painted interior block walls, VCT vinyl floor and suspended ceilings. The storage area will have VCT vinyl floor and suspended ceiling. Page 9 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE (A) GENERAL CONDITIONS (continued) Repairs and Clean-up The Tenant hereby accepts the Premises on an "as is" basis — presently has painted interior brick walls and vinyl flooring. The Tenant, at its own expense, shall maintain and keep the Premises in good order and condition as would a prudent owner of similar premises (reasonable wear and tear and damage by fire, lightning and tempest and structural defects only excepted). The Tenant shall keep the Premises clean and in such condition as a prudent owner would do. If structural repairs or replacements to the roof, foundation or load bearing walls or the heating equipment of the Premises are required during the Term, then the Landlord shall be obligated, at is expense, to effect such repair or replacements. The Tenant covenants with the Landlord to leave the Premises in as good repair as the Premises were at the commencement of the Term. The Tenant shall be responsible and pay for cleaning, janitorial services, window cleaning and waste removal. Page 10 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE(B) STANDARD TERMS AND CONDITIONS 1. DEFINITIONS Municipality-The Corporation of the Municipality of Clarington,its successors and assigns. Bidder-The person,firm or corporation submitting a bid to the Municipality. Company - The person, contractor, firm or corporation to whom the Municipality has awarded the contract, it successors and assigns. Contract - The purchase order authorizing the company to perform the work, purchase order alterations, the document and addenda,the bid,and surety. Subcontractor-A person,firm or corporation having a contract with the company for,or any part of,the work. Document-The document(s)issued by the Municipality in response to which bids are invited to perform the work in accordance with the specifications contained in the document. Bid-An offer by a Bidder in response to the document issued by the Municipality. Work-All labour, materials, products,articles,fixtures, services, supplies, and ads required to be done,furnished or performed by the company,which are subject to the Contract. 2. SUBMISSION OF BID Bid invitation shall be in accordance with the Municipality of Clarington Purchasing By-law#94-129 and will apply for the calling, receiving,and opening of bids. The Municipality will be responsible for evaluating bids, awarding and administering the contract in accordance with the Purchasing By-law. The bid must be submitted on the form(s)and in the envelope supplied by the Municipality unless otherwise provided herein. The envelope must not be covered by any outside wrappings,i.e.courier envelopes or other coverings. The bid must be signed by a designated signing officer of the Bidder. If a joint bid is submitted,it must be signed on behalf of each of the Bidders. The bid must be legible, written in ink, or typewritten. Any form of erasure, strikeout or over-writing must be initialled by the Bidder's authorized signing officer. The bid must not be restricted by a covering letter, a statement added, or by alterations to the document unless otherwise provided herein. Failure to return the document or invitation may result in the removal of the Bidder from the Municipality's bidder's list. A bid received after the closing date and time will not be considered and will be returned,unopened. Should a dispute arise from the terms and conditions of any part of the contract regarding meaning, intent or ambiguity, the decision of the Municipality shall be final. Page 11 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE(B) STANDARD TERMS AND CONDITIONS 3. CONTRACT The contract consists of the documents aforementioned. The contract and portions thereof take precedence in the order in which they are named above, notwithstanding the chronological order in which they are issued or executed. The intent of the contract is that the Company shall supply work which is fit and suitable for the Municipality's intended use and complete for a particular purpose. None of the conditions contained in the Bidders standard or general conditions of sale shall be of any effect unless explicitly agreed to by the Municipality and specifically referred to in the purchase order. 4. CLARIFICATION OF THE DOCUMENT Any clarification of the document required by the Bidder prior to submission of its bid shall be requested through the Municipality's contact identified in the document. Any such clarification so given shall not in any way alter the document and in no case shall oral arrangements be considered. Every notice,advice or other communication pertaining thereto will be in the form of a written addendum. No officer,agent or employee of the Municipality is authorized to alter orally any portion of the document. 5. PROOF OF ABILITY The bidder may be required to show, in terms of experience and facilities,evidence of its ability,as well as that of any proposed subcontractor,to perform the work by the specified delivery date. 6. DELIVERY Unless otherwise stated, the work specified in the bid shall be delivered or completely performed by the Company as soon as possible and in any event within the period set out herein as the guaranteed period of delivery or completion after receipt of a purchase order therefor. A detailed delivery ticket or piece tally, showing the exact quantity of goods, materials, articles or equipment, shall accompany each delivery thereof. Receiving by a foreperson,storekeeper or other such receiver shall not bind the Municipality to accept the work covered thereby,or the particulars of the delivery ticket or piece tally therefor. Work shall be subject to further inspection and approval by the Municipality. The Company shall be responsible for arranging the work so that completion shall be as specified in the contract. Time shall be of the essence of the contract. r Page 12 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE(B) STANDARD TERMS AND CONDITIONS 7. PRICING Prices shall be in Canadian Funds,quoted separately for each item stipulated,F.O.B.destination. Prices shall be firm for the duration of the contract. Prices bid must include all incidental costs and the Company shall be deemed to be satisfied as to the full requirements of the bid. No claims for extra work will be entertained and any additional work must be authorized in writing prior to commencement. Should the Company require more information or clarification on any point,it must be obtained prior to the submission of the bid. Payment shall be full compensation for all costs related to the work, including operating and overhead costs to provide work to the satisfaction of the Municipality. All prices quoted shall include applicable customs duty, excise tax, freight, insurance, and all other charges of every kind attributable to the work. Goods and Services Tax and Provincial Sales Tax shall be extra and not shown, unless otherwise specified herein. If the Bidder intends to manufacture or fabricate any part of the work outside of Canada, it shall arrange its shipping procedures so that its agent or representative in Canada is the importer of record for customs purposes. Should any additional tax, duty or any variation in any tax or duty be imposed by the Government of Canada or the Province of Ontario become directly applicable to work specified in this document subsequent to its submission by the Bidder and before the delivery of the work covered thereby pursuant to a purchase order issued by the Municipality appropriate increase or decrease in the price of work shall be made to compensate for such changes as of the effective date thereof. 8. TERMS OF PAYMENT Where required by the Construction Lien Act appropriate monies may be held back until 60 days after the completion of the work. Payments made hereunder, including final payment shall not relieve the company from its obligations or liabilities under the contract. Acceptance by the company of the final payment shall constitute a waiver of claims by the company against the Municipality, except those previously made in writing in accordance with the contract and still unsettled. The Municipality shall have the right to withhold from any sum otherwise payable to the company such amount as may be sufficient to remedy any defect or deficiency in the work,pending correction of it. Payment may be made 30 days after delivery pursuant to the Bidder submitting an invoice, contract requirements being completed and work being deemed satisfactory. 1 Page 13 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE(B) STANDARD TERMS AND CONDITIONS 9. PATENTS AND COPYRIGHTS The company shall, at its expense, defend all claims,actions or proceedings against the Municipality based on any allegations that the work or any part of the work constitutes an infringement of any patent, copyright or other proprietary right, and shall pay to the Municipality all costs,damages, charges and expenses, including its lawyers'fees on a solicitor and his own client basis occasioned to the Municipality by reason thereof. The company shall pay all royalties and patent license fees required for the work. If the work or any part thereof is in any action or proceeding held to constitute an infringement,the company shall forthwith either secure for the Municipality the right to continue using the work or shall at the company's expense,replace the infringing work with non-infringing work or modify it so that the work no longer infringes. 10. ALTERNATES Any opinion with regard to the use of a proposed alternate determined by the Municipality shall be final. Any bid proposing an alternate will not be considered unless otherwise specified herein. 11. EQUIVALENCY Any opinion determined by the Municipality with respect to equivalency shall be final. 12. ASSIGNMENT AND SUBCONTRACTING The company shall not assign or subcontract the contract or any portion thereof without the prior written consent of the Municipality. 13. FINANCING INFORMATION REQUIRED OF THE COMPANY The Municipality is entitled to request of the Company to furnish reasonable evidence that financial arrangements have been made to fulfill the Municipality's obligations under the Contract. 14. LAWS AND REGULATIONS The company shall comply with relevant Federal, Provincial and Municipal statutes, regulations and by-laws pertaining to the wont and its performance. The company shall be responsible for ensuring similar compliance by suppliers and subcontractors. The contract shall be governed by and interpreted in accordance with the laws of the Province of Ontario. q Page 14 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE(B) STANDARD TERMS AND CONDITIONS 15. CORRECTION OF DEFECTS If at any time prior to one year after the actual delivery date or completion of the work (or specified warranty/guarantee period if longer than one year) any part of the work becomes defective or is deficient or fails due to defect in design, material or workmanship, or otherwise fails to meet the requirements of the contract, the company, upon request, shall make good every such defect, deficiency or failure without cost to the Municipality. The company shall pay all transportation costs for work both ways between the company's factory or repair depot and the point of use. 16. BID ACCEPTANCE The Municipality reserves the right to award by item,or part thereof,groups of items,or parts thereof,or all items of the bids and to award contracts to one or more bidders submitting identical bids as to price;to accept or reject any bids in whole or in part;to waive irregularities and omissions, if in so doing,the best interests of the Municipality will be served. No liability shall accrue to the Municipality for its decision in this regard. Bids shall be irrevocable for 90 days after the official closing time. The placing in the mail or delivery to the Bidder's shown address given in the bid of a notice of award to a bidder by the Municipality shall constitute notice of acceptance of contract by the Municipality to the extent described in the notice of award. 17. DEFAULT BY COMPANY a. If the company:commits any act of bankruptcy;or if a receiver is appointed on account of its inso!vency or in respect of any of its property;or if the company makes a general assignment for the benefit of its creditors;then, in any such case, the Municipality may,without notice:terminate the contract. b. If the company:fails to comply with any request, instruction or order of the Municipality; or fails to pay its accounts; or fails to comply with or persistently disregard statutes, reguiations, by-laws or directives of relevant authorities relating to the work;or fails to prosecute the work with skill and diligence;or assigns or sublets the contract or any portion thereof without the Municipality's prior written consent;or refuses to correct defective work;or is otherwise in default in carrying out its part of any of the terms,conditions and obligations of the contract,then, in any such case,the Municipality may, upon expiration of ten days from the date of written notice to the company,terminate the contract. C. Any termination of the contract by the Municipality, as aforesaid, shall be without prejudice to any other rights or remedies the Municipality may have and without incurring any liability whatsoever in respect thereto. d. If the Municipality terminates the contract,it is entitled to: i) take possession of all work in progress, materials and construction equipment then at the project site (at no additional charge for the retention or use of the construction equipment), and finish the work by whatever means the Municipality may deem appropriate under the circumstances; ii) withhold any further payments to the company until the completion of the work and the expiry of all obligations under the Correction of Defects section; Page 15 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE(B) STANDARD TERMS AND CONDITIONS iii) recover from the company loss,damage and expense incurred by the Municipality by reason of the company's default (which may be deducted from any monies due or becoming due to the company, any balance to be paid by the company to the Municipality). 18. CONTRACT CANCELLATION The Municipality shall have the right, which may be exercised from time to time, to cancel any uncompleted or unperformed portion of the work or part thereof. In the event of such cancellation, the Municipality and the Company may negotiate a settlement. The Municipality shall not be liable to the Company for loss of anticipated profit on the cancelled portion or portions of the work. 19. QUANTITIES Unless otherwise specified herein,quantities are shown as approximate,are not guaranteed to be accurate,are furnished without any liability on behalf of the Municipality and shall be used as a basis for comparison only. Payment will be by the unit complete at the bid price on actual quantifies deemed acceptable by the Municipality. 20. SAMPLES Upon request, samples must be submitted strictly in accordance with instructions. If samples are requested subsequent to opening of bids, they shall be delivered within three (3)working days following such request, unless additional time is granted. Samples must be submitted free of charge and will be returned at the bidders expense, upon request, provided they have not been destroyed by tests,or are not required for comparison purposes. The acceptance of samples by the Municipality shall be at its sole discretion and any such acceptance shall in no way be construed to imply relief of the company from its obligations under the contract. Samples submitted must be accompanied by current Material Safety Data Sheets(MSDS)where applicable. 21. SURETY The successful tenderer shall,if the Municipality in its absolute discretion so desires,be required to satisfy surety requirements by providing a deposit in the form of a certified cheque, bank draft or money order or other form of surety, in an amount determined by the Municipality. This surety may be held by the Municipality until 60 days after the day on which all work covered by the contract has been completed and accepted. The surety may be returned before the 60 days have elapsed providing satisfactory evidence is provided that all liabilities incurred by the company in carrying out the work have expired or have been satisfied and that a Certificate of Clearance from the Workers'Compensation Board has been received. The company shall,if the Municipality in its absolute discretion so desires,be required to satisfy fidelity bonding requirements by providing such bonding in an amount and form determined by the Municipality. 7 Page 16 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE (B) STANDARD TERMS AND CONDITIONS Failure to furnish required surety within two weeks from date of request thereof by the Municipality shall make the award of the Contract by the Municipality subject to withdrawal. 22. WORKERS'COMPENSATION All of the Company's personnel must be covered by Workers'Compensation. Upon request by the Municipality,an original Letter of Good Standing from the Workers' Compensation Board shall be provided prior to the commencement of work indicating all payments by the Company to the Board have been made. Prior to final payment, a Certificate of Clearance must be issued indicating all payments by the Company to the Board in conjunction with the subject Contract have been made and that the Municipality will not be liable to the Board for future payments in connection with the company's fulfilment of the contract. Further Certificates of Clearance or other types of certificates shall be provided upon request. 23. INSURANCE The company shall maintain and pay for Comprehensive General Liabiiity insurance including premises and all operations. This insurance coverage shall be subject to limits of not less than$2,000,000.00 inclusive per occurrence for third party Bodily Injury and Property Damage or such other coverage or amount as may be requested. The policy shall include the Municipality as an additional named insured in respect of all operations performed by or on behalf of the Company. A certified copy of such policy or certificate shall be provided to the respective participant prior to commencement of the work. Further certified copies shall be provided upon request. 24. LIABILITY The company agrees to defend, fully indemnify and save harmless the Municipality from all actions, suits, claims, demands, losses, costs, charges and expenses whatsoever for all damage or injury including death to any person and all damage to any property which may arise directly or indirectly by reason of a requirement of the contract, save and except for damage caused by the negligence of the Municipality or its employees. The Company agrees to defend,fully indemnify and save harmless the group from any and all charges,fines, penalties and costs that may be incurred or paid by the Municipality if the Municipality or any of its employees shall be made a party to any charge under the Occupational Health and Safety Act in relation to any violation of the Act arising out of this contract. 25. VISITING THE SITE The Company shall carefully examine the site and existing building and services affecting the proper execution of the work, and obtain a clear and comprehensive knowledge of the existing conditions. No claim for extra payment will be allowed for work or difficulties encountered due to conditions of the site which were visible or reasonably inferable, prior to the date of submission of Tenders. Bidders shall accept sole responsibility for any error or neglect on their part in this respect. s Page 17 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE(B) STANDARD TERMS AND CONDITIONS 26. SAFETY The Company shall obey all Federal, Provincial and Municipal Laws, Act, Ordinances, Regulations, Orders-in-Council and By- laws,which could in any way pertain to the work outlined in the Contract or to the Employees of the Company. Without limiting the generality of the foregoing, the Company shall satisfy all statutory requirements imposed by the Occupational Health and Safety Act and Regulations made thereunder,on a contractor,a Constructor and/or Employer with respect to or arising out of the performance of the Company's obligations under this Contract. The Company shall be aware of and conform to all governing regulations including those established by the Municipality relating to employee health and safety. The Company shall keep employees and subcontractors informed of such regulations. The Company shall provide Material Safety Data Sheets(MSDS)to the Municipality for any supplied Hazardous Materials. 27. UNPAID ACCOUNTS The company shall indemnify the Municipality from all claims arising out of unpaid accounts relating to the work. The Municipality shall have the right at any time to require satisfactory evidence that the work in respect of which any payment has been made or is to be made by the Municipality is free and dear of liens,attachments,claims,demands,charges or other encumbrances. 28. SUSPENSION OF WORK The Municipality may,without invalidating the contract,suspend performance by the company from time to time of any part or all of the work for such reasonable period of time as the Municipality may determine. The resumption and completion of work after the suspension shall be governed by the schedule established by the Municipaiity. 29. CHANGES IN THE WORK The Municipality may, without invalidating the contract, direct the Company to make changes to the work. When a change causes an increase or decrease in the work,the contract price shall be increased or decreased by the application of unit prices to the quantum of such increase or decrease,or in the absence of applicable unit prices, by an amount to be agreed upon between the Municipality and the Company. All such changes shall be in writing and approved by the Municipality. 30. CONFLICT OF INTEREST No employee or member of Council of the Municipality shall sell goods or services to the Municipality or have a direct or indirect interest in a Company or own a Company which sells goods or services to the Municipality. tl Page 18 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE (C) SPECIFICATIONS General The pro shop area at the Garnet B. Rickard Recreation Complex totals approximately 300 square feet of working space. Storage In addition to the above, one (1) storage area for supplies is provided, totalling approximately 100 square feet. Conditions 1. To offer for sale goods directly related to recognized and approved recreational activities. A list of goods and prices will be submitted to the Municipality for approval by the Director of Community Services prior to offering goods or changing of prices. 2. No verbal arrangement or agreement relating to the goods, material, articles, equipment, work or services, specified or called for under this quotation sheet will be considered binding and every notice, advice or other communications pertaining thereto must be in writing and signed by a duly authorized person. 3. The bidder shall at all times well and truly save, defend, keep harmless and fully indemnify the Municipality and its servants, employees and agents from and against all actions, suits, claims, demands, loss, costs, charges, damages and expense brought or made against or incurred by the Municipality, its servants, employees or agents, in any way relating to goods, material, articles or equipment supplied or the supplying thereof pursuant to an official order based on this quotation sheet or relating to inventions, copyrights, trade marks or patents or rights thereto used in supplying such goods, material, articles or equipment or in performing such work or services or arising out of the subsequent use or operation of such goods, material, articles, equipment or work. SCliedgle"D" Page 20 of 23 x� � PURCHASING OFFICE Quotation Q98-7 QUOTATION REQUEST Closing Time and Date(Local Time): 4:00 p.m.(local time),Wednesday,June 24, 1998 Quotation No: Q98-7 Reference/Purchasing Manager.............................Lou Ann Birkett................................................. Date: 10/06/98 Phone: (905)623-3379 Quotations are invited for the following goods and/or services listed below. Complete in ink or by typing where applicable all blank spaces and return one copy in the enclosed envelope. Bids must be received at the office of the Purchasing Manager, Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, Ontario L1C 3A6, by the closing time and date. Late bids will not be accepted. Any or all quotations may be accepted in whole or in part and the lowest or any quotation not necessarily accepted. QUANTITY DESCRIPTION UNIT PRICE EXTENDED PRICES Prices quoted shall be payable in Canadian Funds, F.O.B. destination. Unless otherwise indicated, the Ontario Retail Sales tax and the Goods and Services Tax, if applicable, shall be quoted as a separate item. I/We hereby bid and agree to enter into an agreement with the Municipality of Clarington to operate a Pro Shop at the location checked hereafter, in accordance with the terms, conditions and specifications specified within the quotation documents and in connection therewith to pay a sum of Garnet B. Rickard Recreation Complex $ ' .Co /Mm season Plus G.S.T. -LIU 1W 2000 season Plus G.S.T. 2000- season Plus G.S.T. Guaranteed Delivery or Completion Cash Discount Date Upon Receipt of Official Order............................ And Terms ....................................._.. Origin of Goods Goods to be Shipped City &Country ......................./................................ From City&Country .........................../.................. The undersigned, bidder agrees to supply and deliver all goods and/or services for price(s) bid, to the Corporation of the Municipality of Clarington conforming to all terms and conditions setforth herein. A successful bidder must conform to all terms &conditions setforth on the official purchase order subsequently issued upon award, unless otherwise indicated by the Corporation of the Municipality of Clarington. AUTHORIZED SIGNATURE: FIRM NAME:(Bidder) 66R L..R rrL..5j1f}e8C-A1/N•6) � ADDRESS: aF�....Cp�! L .y? PRINT NAME: ................... .....0 1`' -.0 �r- FR .............. POSTAL CODE: .....!-...C<. {!� W �( /�' .. ....................................... ........_.. ..-•-------... TELEPHONE: ...b ��� "����� Title _ .....................••-•••-•-••-•. _.......J..uNt_..�}._�.�1_k......... Dated FAX NUMBER: Page 21 of 23 ' Quotation Q9 8-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE (E) PRO SHOP SERVICES PREVIOUS EXPERIENCE: Details of bidder's experience and present activities in the Pro Shop business shall be stated below: OKI - 199 a &CT C R s (05 L 1 T St OI60, A114 6 f 1`L Q ( 157-60 SM T t S'121-W&14&7 L r "R c T) 5y� ATE Gilri iqq Please provide detail as to bidder's financial responsibility (Banker, etc.), References, Auditor's Name and Address, etc. 6' 1A//3/--) �i�U� i - lF >��iV�iST' �- f0tt:�vil9VVILL� 69/05�b%7-% 7�� I T L- /)CLUC1N7l�N fS A F� R �in���y�� 1- �-3 R��t-r-v�v3�z PtfTcR C05bM00 1 ° 5!ct - Jql�-- 33 -AC)e- K6,VA)C7-ft 6 PIAP� 60- C)k DI Al IMoPc 67 46 e ACLDVA4) i i Page 22 of 23 Quotation Q98-7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON PURCHASING OFFICE SCHEDULE (E) PRO SHOP MERCHANDISE: Bidders are requested to provide a list of items they propose to sell, with unit size and prices to be charged for the season. Note, this list must be submitted for approval by the Director of Community Services, by August 1 st for each year of the contract. ITEM UNIT PRICE 6H6T shWrrPrN;A/(74 92a ora�E F"hviPr eoCh c.�,r r 00 :� t.tlnt 'T ` Nd ci) tao : 00 IL) F-K-10PIC cc, sTic�ss 5 .