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Home My WebLink AboutTR-47-96 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON I REPORT GENERAL PURPOSE AND ADMINISTRATION COMMITTEE r Meeting: File# ----- _t_ Date: MONDAY, JUNE 17, 1996 Res. ft '_'in �,�i _ Report#: TR-47-96 File #: By-Law# Subject: QUOTATION Q96-3 , OPERATION OF PRO SHOP, GARNET B . RICKARD RECREATION COMPLEX i i Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report TR-47-96 be received; I 2 . THAT Bowmanville Junior A Hockey Club c/o M.D. Laing, Courtice, Ontario, with a total bid in the amount of $100 . 00 per month for the 1996/97 and $125 . 00 for the 1997/98 seasons, being the highest responsible bidder meeting all terms, conditions and specifications of Quotation Q96-3 , be awarded the Pro Shop operation at the Garnet B. Rickard Recreation Complex, as required by the Department of Community Services; 3 . THAT the attached By-law (Schedule "A") authorizing the Mayor and the Clerk to execute the Agreement be approved; and I 4-. THAT the funds be credited to Account #6400-00068-0000 . BACKGROUND AND COMMENT: I Quotation Q96-3 was issued and advertised for the operation of the Pro Shop at the Garnet B. Rickard Recreation Complex, as required by the Department of Community Services . Subsequently, the Municipality received a quotation for the operation of the Pro Shop. The proposal received is shown as follows : i BIDDER TOTAL BID AMOUNT 1 Bowmanville Junior A Hockey Club, 1996/97 1997/98 c/o M.D. Laing, Courtice, Ontario $100/mo $125/mo RPAPEERC ECYICL�E 7 2 i IS 6 PRIMED M RECYCLED PAVER. If it REPORT NO. : TR-47-96 PAGE 2 QUOTATION Q96-3 As per the terms and conditions of Quotation Q96-3 , payment of the contract is monthly and is payable in advance to the Municipality of Clarington by the 1st of each month. The agreement is for the 1996/97 and 1997/98 seasons and expires June 30, 1998 . The prices bid represent a 33 o and a 660-. increase respectively over the previous contract . i The funds received will be credited to Account ##6400-00068-0000 . Questions with respect to department needs, specifications,, etc . , should be referred to the Director of Community Services . For the Information of Council, attached is a copy of the proposed Agreement marked Schedule "B" . I After further review and analysis of the bid by both Community Services and Purchasing, it is respectfully recommended that Bowmanville Junior A Hockey Club, c/o M.D. Laing, Courtice, Ontario, be awarded the contract to provide the operation of the Pro Shop at the Garnet B. Rickard Recreation Complex as required by the Department of Community Services . Respectfully submitted, Reviewed by, All/1. I Ma Marano, H.BSc . ,AMCT. , W.H. Stockwell, Treasure , Chief Administrative Officer 1 Joseph P. Caruana, Director of Community Services MM*LB*ld I 1 722 i SCHEDULE "A" I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 96- j Being a By-law to authorize a contract between Bowmanville Junior A Hockey Club, c/o M.D. Laing, Courtice, Ontario, in respect of 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 hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation Seal, a Contract between Bowmanville Junior A Hockey Club, c/o M.D. Laing, and said Corporation, which is attached hereto and marked Schedule "B". By-law read a first and second time this day of June, 1996. By-law read a third time and finally passed this day of June, 1996. Mayor Clerk i I I I I i 723 SCHEDULE "B" As per the terms,conditions and specifications outlined in Quotation Q96-3(Appendix"A"), this agreement is between the Municipality of Clarington (the Lessor) and Bowmanville Junior A Hockey Club, c/o M.D. Laing, Courtice,Ontario(the Lessee)for the 1996/97 and 1997/98 seasons expiring on or about June 30, 1998. 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; r 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 one 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 the accepted rate on the first of each month during the life of the agreement; 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 i 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; i 724 . 2. 13) 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; 14) 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; 15) 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; 16) 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 service area and lockable shutter door and suitable storage area for use during the agreement; 2) a schedule of activities for the Complex when deemed necessary; and 3) to provide key access to the area when required. Date: M.D. Laing, Bowmanville Junior A Hockey Club Date: Clerk Mayor I I 725