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HomeMy WebLinkAboutTR-48-94 THE COWORATION OF THE MUNICIPALITY OF CLARINGTON' REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # Date: MONDAY, JULY 41 1994 Res. # Report#: TR-48-94 File#: By-Law# J-1�_ 7 Subject: QUOTATION Q93-14, OPERATION OF PRO SHOP, BOWMANVILLE RECREATION COMPLEX Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report TR-48-94 be received; 2 . THAT Mark Van-Rout, Bowmanville, Ontario, with a total bid in the amount of $75 . 00 per month for the 1994/95 and 1995/96 seasons, being the highest responsible bidder meeting all terms, conditions, and specifications of Quotation Q93-14, be awarded the Pro Shop operation at the Bowmanville Recreation Complex, as required by the Department of Community Services; 3 . THAT the attached By-law (Schedule "All ) authorizing the Mayor and the Clerk to execute the Agreement be approved; and 4 . THAT the funds be credited to Account #6400-00068-X. BACKGROUND AND COMMENT• Quotation Q93-14 was issued and advertised in September, 1993 in all four (4) area papers, for the operation of the Pro Shop at the Bowmanville Recreation Complex, as required by the Department of Community Services. No Bids were received at that time. Subsequently, over the winter, the Municipality received two written offers for the operation of the Pro Shop. The proposals received are summarized as follows: T­IS PRI-4­­D M- REPORT NO. : TR-48-94 PAGE 2 QUOTATION Q93-14 Bidder Total Bid Amount Mark Van-Rout $75.00/month Bowmanville, Ontario Madgett, Roberts, Marlowe $50 .00/month Hurren & Partners Michael Laing, Ontario As per the terms and conditions of the Quotation Request, 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 1994/95 and 1995/96 seasons and expires June 30, 1996 . The prices bid represent a one hundred and twenty five percent ( 125%) increase over the previous contract. The funds received will be credited to account 6400-00068-X. i Questions with respect to department needs, specifications, etc . , should be referred to the Director of Community Services . i For the information of Council, attached is a copy of the proposed Agreement marked Schedule "B" . After further review and analysis of the bid by both Community Services and Purchasing, it is respectfully recommended that Mark Van-Rout, Bowmanville, Ontario, be awarded the contract to provide the operation of the Pro Shop at the Bowmanville Recreation Complex as required by the Department of Community Services . i l i REPORT NO. : TR-48-94 PAGE 3 QUOTATION Q93-14 Respectfully submitted, Reviewed by, Ma 'e arano, H.BSc . ,AMCT. , W.H. Stockwell, TrgAzurer Chief Administrative Officer J. aruana D e for of Community Services MM*LB*ld I I i I SCHEDULE "B" May 16 , 1994 Van-Hout ' s Cycle and Sports 7 Division Street Bowmanville , Ontario The Corporation of the Municipality of Clarington Purchasing Office Attention : Lou Ann Birkett Re : Bowmanville Recreation Complex Pro Shop Operation Dear Lou Ann : With respect to the above and per my telephone conversation with you , attached please find a signed contract and copies of appropriate certificates of insurance , original letter etc . Thank you again for your patience and your report for recommendation to council . Hoping to hear a positive decision soon , I remain , Yours sincerely , s Mark Van-Hout Enc1 �. cc : Neil Van-Hout I i January 5, 1394 town of Clarin g tbh 40 Tomperaince Street bbwmanvillej Ontario L1C 3A6 Attention: purchasing Agent ---------------------------- 2P-: "ArehA Sports Shop" 1 am represehting Nell Van-Hout4 the owner/operator of Van-Hout ' s Cycle t Sports, located at 7 Division Street, 8owmanville. Well has been Operating Van-Houtis Cycle for 1-1/2 years and has some 20 years euptriehce in the sports field, sharpening skates, bike r6pAirs; sales; etc. Gary Vah-Hout (Weil; s partner/soh) also has a sports oriented background and is becoming an impressive entrepreneur in his own right. We are very interested in renting the "Sports Pro Shop" located at Dowmanviile arena. We are ready to sign a one year lease, commencing immediately, at 05. 00 per month. You Will find the professibnalism and dedication of the Van-Hoot family very refreshing Arid Will reflect positively on the 8bWmahVille 91-ena4 And its employees, therein the town itself. Please contact myself at 623-3317 or Neil Van-Hout at 697-2960 or 623-6346. + I Thank you for taking the time to consider our proposal and 1 ti^ust we can tome to a mutual agreement. Ydurs sincerelyi i Mark Van-Haut AMENDMENT TO CONTRACT MAY 16 , 1994 RE : Q93-14 ( APPENDIX "A" ) PLEASE ACCEPT MY SUBMISSION TO AMEND THE ABOVE TO READ AS FOLLOWS : . . . . FOR THE 1994-1995 AND 1995-1996 SEASONS EXPIRING ON OR ABOUT JUNE 30 , 1996 A I Page 10 of 11 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON SCHEDULE (D) PURCHASING OFFICE Quotation Q93-13 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 1st for each year of the contract. ITEM UNIT PRICE SKATE SHARPENING EACH $ 3 . 00 PUCKS EACH $ 2 . 00 HOCKEY STICKS EACH $20 . 00 HOCKEY TAPE EACH $ 3 . 00 LACES EACH $ 2 . 50 Page 9 of 11 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Quotation Q93-13 PURCHASING OFFICE SCHEDULE (D) PRO SHOP SERVICES PREVIOUS EXPERIENCE: Details of bidder's experience and present activities in the Pro Shop business shall be stated below: RE : NEIL VAN-HOUT WORKED FOR LARRY ' S SPORTS & MARINE - 10 YEARS OWNED/OPERATED BUSINESS " RED ' S CYCLE & SPORTS" - 7 YEARS PRESENTLY OWNS/OPERATES BUSINESS - VAN-HOUT ' S CYCLE & SPORTS - 2 YEARS TOTAL 20 YEARS EXPERIENCE IN SKATE SHARPENING AND RELATED SPORTS SALES AND SERVICE Please provide detail as to bidder's financial responsibility (Banker, etc. ) , References, Auditor's Name and Address, etc. i Trea cy and Harvey Insurance Brokers Limited 7A Division St., Bowmanville, Ontario L1C 2Z2 Telephone 623-2527 May 16, 1994 Cornelius Van Hout 0/A Van Houts Pro Shop Bowmanville Arena Complex To Whom it May Concern There is Liability Insurance with limits of $1 ,000,000.00 in force in the above name with Wawanesa Mutual Insurance Company under Policy No. 7199827. Joyce Harvey Treacy & Harvey Insurance Brokers Limited Your Insurance Broker l Understands YOUR LOCAL INSURANCE BROKER SCHEDULE "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 94- Being a By-law to authorize a contract between Mark Van-Rout in respect of the Operation of the Pro Shop located at the Bowmanville 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 Mark Van-Hout and said Corporation, which is attached hereto and marked Schedule 11B11 . By-law read a first and second time this day of July, 1994 . By-law read a third time and finally passed this day of July, 1994. Mayor Clerk f` 16 SCHEDULE "B" As per the terms, conditions and specifications outlined in Q93-14 (Appendix "A") , this agreement is between the Municipality of Clarington (the Lessor) and M. Van Hout the (the Lessee) for the '"rr? 9 and 19-94-3995 seasons expiring on or about June 30, 1999. 3,�horn��7C The Lessee agrees; G 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 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; i 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 Condition and the obligations of the Bidder shall continue in full force and effect; 2 at his the Lessee shall remove in A reement at the Pro Shop the Of the g he has provided 13) on the termination which which shall be submitted of each expense all equipment encement an itemized list Of the Agreement and revised at the Comm accordance with commencementear; e that the succeeding Year; or at anytime two months of the Agreement and Provision any 14) during the last the covenants. the Pro Shop disrupted; Lessee may be in default of the right to show the Corporation shall have erator is not unreasonably provided the business of the oP u on any part of the Pro Shop other device utting up or exhibiting F design or first 15) to refrain from P notice board, painting sign, notice, or scheme without having any an business undertaking municipality; advertising Y of the obtained the consent in writing spieler, hawker, hustler, not to use any Public address sy stem barker, P 16) an other noisemakers to article, or t function offered for or crier e, Y raduct, merchandise,article, ware. P he operator; sale or rent by The Lessor will p rovide: area for a service area and locks le shutter door a 1) nd suitable storage the agree use during Complex when deemed necessary; 2) a schedule of activities for the Comp 3 to provide key access to the area when required. M, VanHOut Date: Clerk Date: Mayor t