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HomeMy WebLinkAboutCS-42-89TOWN OF NEWCASTLE REPORT File Res. # By -Law # MEETING: GENERAL PURPOSE AND ADMINISTRATION DATE: NOVEMBER 6, 1989 REPORT #: CS -42 -89 FILE #: BOWMANVILLE RECREATION COMPLEX -- PRO SHOP RECOMMENDATIONS: It is respectfully recommended that the General Purpose & Administration Committee recommend to Council the following:- 1. That Report No. CS -42 -89 be received;and 2. That the Mayor and Clerk be authorized to execute a 2 year agreement with B. Jones Research Agency for the purpose of operating a Pro Shop and related services in the Bowmanville Recreation Complex. 1.0 BACKGROUND: 1.1 The Bowmanville Recreation Complex opened in October of 1988 and it was intended to provide a Pro Shop and Skate Sharpening service as part of the Complex. A quotation was called in July of 1989 after being advertised in four local newspapers. Two local firms who previously indicated some interest were sent quotation requests. No quotations were returned and an inquiry of the two firms indicated that bids were not returned for a lack of staff or local competition. ../2 917 REPORT CS -42 -89 - 2 - OCTOBER 23, 1989 2.0 REPORT: 2.1 In an attempt to provide alternate service a number of contacts were made to provide skate sharpening service. In particular B. Jones Research Agency of Port Perry has indicated an interest to provide and operate skate sharpening machine as well as operate the pro shop. The principle, Mr. Bryce Jones, operates a cag machine at Sportland Sporting Goods Store in Port Perry and is a retailer for N.H.L. approved equipment. The subject firm is providing a skate sharpening machine for the new Lindsay twin arena. 2.2 B. Jones Research Agency has been supplied and has submitted a completed quotation request. They propose to pay the Town $50.00 per month through the 1989 -90 arena operating season. In 1990 -91 they propose in addition to the $50.00 per month payment they would pay an additional levy of 5% of gross receipts up to a maximum of $300.00 per month. 2.3 There would appear little to be gained by re- tendering the quotation request three (3) months after previously making it available to potential bidders.' In addition the lucrativeness of this market is untested at the Bowmanville Recreation Complex. Staff feel a convenient Pro Shop service for Complex users would be appreciated by the public. It is therefore staff's view that a contract should be let to B. Jones Research Agency to operate over the next two (2) years, 1989 -90 and 1990 -91, the skate sharpening and Pro Shop for the Bowmanville Recreation Complex. Respectfully submitted, Recommended for presentation to the Committee x °< �J/ i , Jose�`P. �aruana, Director Lawrence Dep tment of Community Services Chief Ad JPC:sa 0/118 Kotseff strative Officer THE CORPORATION OF THE TOWN OF NEWCASTLE PURCHASING OFFICE ICE SKATE SHARPENING AND PRO SHOP CONTENTS: Page l of 11 Quotation Q89 -9 SCHEDULE (A) GENERAL CONDITIONS & INSTRUCTIONS PAGE 2 - 5 SCHEDULE (B) PRO SHOP SPECIFICATIONS PAGE 6 PRO SHOP CONDITIONS PAGE -7 SCHEDULE (C) PRICING SCHEDULES PAGE 8 SCHEDULE (D) INFORMATION SHEETS PAGE 9 - 11 CLOSING TIME & DATE: 4:00 P.M. (LOCAL TIME) Wednesday, July 26, 1989. . 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 • ALTHOUGH TWO (2) COPIES OF THE QUOTATION HAVE BEEN ISSUED, ONLY ONE (1) IS REQUIRED FOR YOUR BID SUBMISSION • 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, FAILURE TO DO WILL RESULT IN -BID REJECTION. THE CORPORATION OF THE TOWN OF NEWCASTLE PURCHASING OFFICE 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO L1C 3A6 ISSUED BY: MRS. LOU ANN BIRKETT PURCHASING AND SUPPLY AGENT TELEPHONE: (416) 623 -3379 EX. 267 Page 2 of 11 Quotation Q89 -9 THE CORPORATION OF THE TOWN OF NEWCASTLE PURCHASING OFFICE SCHEDULE (A) GENERAL CONDITIONS AND INSTRUCTIONS SCOPE OF SERVICE: Operation of the Pro Shop and Ice Skate Sharpening: Bowmanville Recreation Complex Note: To be awarded as one contract. Bids received for only the Pro Shop or only the Ice Skate Sharpening service will not be considered. 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 by August lst, 1989, of each year. 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 Town of Newcastle, in the amount of three hundred dollars ($300.010). 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 Town. 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 INVESTIGATE: 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 Community Services Department. 920 Page 3 of 11 Quotation Q89 -9 THE CORPORATION OF THE-TOWN OF NEWCASTLE PURCHASING OFFICE SCHEDULE (A) GENERAL CONDITIONS AND INSTRUCTIONS (continued) TERM OF AGREEMENT: The agreement is for 11989- 19991, 1990 -1991, 1991 -1992 seasons, expiring June 301, 1992. Contract to commence on or about September 1, 1989. 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 Town of Newcastle,.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 operator 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 Town . . And also agrees to submit written evidence from Workmen's Compensation Board that the Bidder has complied with the requirements of the Workmen's_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 Town of Newcastle as liquidated damages for -such default or failure. Arid also agrees, that upon breach of any of the express Terms and Conditions of the Agreement, the Town of - -Newcastle may, in addition to any other remedy cancel the Agreement, and upo receipt by the Bidder of notice of cancellation, the Agreement shall be null and void. However, the failure of the Town of Newcastle 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. REMOVAL OF EQUIPMENT: On the termination of the agreement the Bidder shall remove at his own 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. 921 THE CORPORATION OF THE TOWN OF NEWCASTLE Page 4 of 11 PURCHASING OFFICE Quotation Q89 -9 SCHEDULE (A) GENERAL CONDITIONS AND INSTRUCTIONS (continued) 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 at any time provided the business of the Operator is not unreasonably disrupted. SALE.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. ITEMS FOR SALE: The bidder shall offer for sale only goods or services directly related*to recognized and approved recreational activities such as but not limited to, skate sharpening, equipment repair, pucks, hockey sticks, c- lothing, equipment etc. A list of goods and prices to be submitted to The Town'of Newcastle for approval by the Director of Community Services or his designate. Approved list to be posted by operator. 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 Town. 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 Town. All such employees shall be well groomed, clean and neat at all times. The operator must provide competent 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. 922 Page 5 of 11 Quotation Q89 -9 THE CORPORATION OF THE TOWN OF NEWCASTLE PURCHASING OFFICE SCHEDULE (A) GENERAL CONDITIONS AND INSTRUCTIONS (continued) 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 Town 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. INSURANCE: The Bidder is.to furnish a Public Liability Policy issued by an insurance company authorized by law to carryon business in the .Province of Ontario. Such policy shall have inclusive limits of -not less than one million dollars ($1,000,000.00) minimum, for bodily injury and property damage resulting from any one occurrence. To also provide adequate insurance coverage with respect to any damage or loss by fire or loss by burglary, of any stock or equipment of the Bidder upon the premises covered by this Quotation. The Bidder will indemnify and keep-indemnified, the Corporation from and against all actions, suits, claims and demands whatsoever.wh-ich 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 Bidder's occupancy of the premises of his operations, or the use of any right -of -way over any portion of.the premises demised. 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. REPAIRS AND CLEAN -UP: To maintain the Pro Shop, equipment and the conduct of the business generally at a high level of cleanliness and neat appearance (the Town to be the sole judge as to the sufficiency of the cleanliness and neatness of appearance of the said peemises, of any equipment and any phase of the said business, with power to order any changes or alterations hereto that he may deem desirable), and to leave the said Pro Shop in a neat and tidy condition and in a good state of repair at the expiration of each year of the agreement herein. The Opeator shall replace or have fully repaired to the satisfaction of the Town all or any part of the said Pro Shop, broken or damaged by the Operator or his suppliers during any of the terms of this agreement. SCHEDULE (B) Page 6 of 11 Quotation Q89 -9 THE CORPORATION OF THE TOWN OF NEWCASTLE PURCHASING OFFICE BOWMANVILLE RECREATION COMPLEX - PRO SHOP GENERAL: The pro shop area at the Bowmanville Recreation Complex total 308 square feet of working space. There is one (1) service counter approximately 316" high x x 2' wide x 7' long. The service opening has one (1) lockable roll -up shutter stainless steel door. STORAGE: In addition to.the above, one (1) storage area for supplies is provided. This area is 618" x 1416 ". EQUIPMENT: The following equipment would be supplied and installed by the Town: One (1) Exhaust Hood and.Fan THE CORPORATION OF THE TOWN OF NEWCASTLE PURCHASING OFFICE SCHEDULE (B) . CONDITIONS Page 7 of 11 Quotation Q89 -9 1. 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 communication pertaining thereto must be in writing and signed by a duly authorized person. 2. 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 of work or services performed or the performing 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. 3. 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. 4. 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. 5. 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. 6. 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 Muncipality 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 Municipalty. 9 25- SCHEDULE (C) Page 8 of -11- - THE CORPORATION OF THE TOWN OF NEWCASTLE Quotation Q89 -9 PURCHASING OFFICE --- QUOTATION REQUEST 4:00 p.m. (local time) _ Closing Time & Date (Local Time). .Wednesday, July 26, 1989 _quotation No.'., ...... 489- 9 ..................... Lou Reference /Purchasing &Supply Agent: ................ Ann .. Birkett ... ............................... ....Phone: (416) 623 -3379 Date:...... Ju l y, 12 ,..1989 ........ ......... 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 and Supply Agent, Corporation of the Town of Newcastle, 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, Including Federal Sales Tax applicable, unless otherwise Indicated. Ontario Retail Sales Tax, If applicable shall be quoted as a separate Item. I /We do hereby tid and agree to enter into.an agreement with the Corporation of the Town. of Newcast -1e to operate a Pro Shop and Ice Skate Sliarpening Service at the location. checked hereafter, in"accorance.with the terms, co ditions and specifications-specified within the quotation documents and in connection t erwith to pay a um of: Bowmanville Recreation Complex - Pro Shop /Ice Skate Sharpening S rvice $ A . 1989 -90 Sleason $ sal M0 -91 Season $ 991 -92 Season NOTE: The highest or any quotation not necessarily accepted GUARANTEED.DELIVERY DATE I Q CASH DISCOUNT UPON RECEIPT OF-OFFICIAL ORDER .. ®J • •! �•� •1• • • ..AND TERMS: ... ............................... . ORIGIN OF GOODS: GOODS TO BE SHIPPED FROM: CITY &. COUNTRY .......... .......... /.................... CITY & COUNTRY............ _ .....1.... The undersigned, bidder agrees to supply and deliver ail goods and /or services for price (s) bid, to the Corporation of the Town of Newcastle, 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 Town of Newcastle. FIRM NAME (Bidder) .... . �o.'��...'1?Sea�• •Q�(. ?�C • ... • ... l ADDRESS:.. j I g; S ®fr% r d �.. 1. �. . POSTAL CODE:....... .... ...� . . . . . ...... . . TELEPHONE: (i4. ).. ..I$.� ®.S.y� ............................ ONTARIO RETAIL SALES TAX PERMIT NO.: ................. 9 2.F . . AUTHORIZED SIGNATURE: �^ . , . . PAT NAME: ..... ............................ ........ ............................... TITLE: ............ DATED: THE CORPORATION OF THE TOWN OF NEWCASTLE PURCHASING OFFICE INFORMATION SCHEDULE (D) PRO SHOP SERVICES Page 9 of 11 Quotation Q89 -9 PREVIOUS EXPERIENCE: Details of bidder's experience and present activities in the Ice Skate Sharpening and Pro Shop business shall be staged - below: Please provide detail as to bidder's financial responsibility,. (Banker, etc.), References, Audito'r's Name and Address, etc. ^ j toc ✓'n .n .. l T. ['�vw M^Qnv. In C1. Yn A!`O r9lr (r Ili , 9 27 THE CORPORATION OF THE TOWN OF NEWCASTLE PURCHASING OFFICE INFORMATION SCHEDULE (D) ICE SKATE SHARPENING AND PRO SHOP MERCHANDISE: Page 101 of 11 Quotation Q89 -9 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 to The Town of Newcastle for approval by the Director of Community Services by August lst for each year of the contract. ITEM UNIT PRICE J`ti GK 5 , S SCHEDULE (D) Page 11 of 11 Tender Q89 -9 CORPORATION OF THE TOWN OF NEWCASTLE PURCHASING DEPAWITIF,NT NOTICE OF "NO BID" ..:U if P.11'II�AFJI I `�lltft -1 I1OlVF.1i\lJVil l ( ()fJ1AR10 l 1( IAh IMPORTANT - PLEASE READ THIS C[,OSING DATE: TELEPHONE a ?3111 It is important to the Town to receive a.reply from all-invited bidders. There is no obligation to submit a quotation, however, should you choose not to bid, completion of this form will assist the municipality in determining the type of goods or service you are interested in bidding on in the future. INSTRUCTIONS If you are unable, or do not wish to bid on this quotation please complete the following portions_of this form. State your reason for not bidding by checking yes or no in the applicable line or by explaining briefly in the space provided. It is not necessary to return any other quotation documents. .Just return the completed form in the enclosed quotation return* envelope prior to the official closing date. Yes/No- 1. We do not manufacture /supply this commodity 2. We do not manufacture /supply to this specification 3. (unable to quote competitively 4. Cannot handle due to present plant loading 5. Quantity /job too large 6. Quantity /job too small 7. Cannot meet delivery /completion requirements 8. Agreements with distributors /dealers do not permit us to sell direct 9. Licensing restrictions Other reasons or additional comments: Yes /No Do you wish to bid on these goods /services in the future? For the Municipality use only. write in this space. Do not Company Name: Address: Telephone:_ Position: 929