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