City of Kingston - RFP F31-CSG-RLS-2013-02

Transcription

City of Kingston - F31-CSG-RLS-2013-02
Where history and innovation thrive
Request for Proposal
F31-CSG-RLS-2013-02
SPONSORSHIP AND NAMING RIGHTS
FOR THE FOUR, ICE PADS – COMMUNITY RINKS
AT THE INVISTA CENTRE
1350 Gardiners Road (at Fortune Crescent)
Kingston, Ontario
Please submit complete proposal, including signed original (master) and three (3) complete
copies in a sealed envelope along with a copy of the complete proposal on a CD quoting the
above proposal number and closing date as per the label below and forward before 3:00:00
p.m. local time, on Wednesday, June 26th, 2013 to:
The Corporation of the City of Kingston
The Office of the City Clerk,
First Floor Counter, South Wing,
City Hall, 216 Ontario Street
Kingston, Ontario
K7L 2Z3
RFP Number: F31-CSG-RLS-2013-02
Closing date: Wednesday, June 26th, 2013 at 3:00:00 p.m.
A non-mandatory site tour will take place on Wednesday, June 12, 2013 at 1:00:00 p.m.
Proposals must be received before the above mentioned time and date, and in accordance
with the attached RFP forms, Specifications, Instructions to Vendors and Standard Terms
and Conditions.
Contact:
Jackie St. Pierre
Manager of Marketing
Recreation and Leisure Services Department, Community Services Group
Email: [email protected]
RFP No. F31-CSG-RLS-2013-02
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corporate sponsorship – four, ice pads at INIVSTA Centre
TABLE OF CONTENTS
SECTION A – The Project and Proposals
1.0 Introduction ................................................................................................ Page 4
2.0 Term of the Project ..................................................................................... Page 4
3.0 RFP Schedule ............................................................................................ Page 4
4.0 Project Authority and Involvement .............................................................. Page 4
5.0 Project Stakeholders .................................................................................. Page 5
6.0 Inquiries...................................................................................................... Page 5
7.0 Proposal Content ....................................................................................... Page 5
8.0 Naming Rights ............................................................................................ Page 6
9.0 Evaluation of Proposals.............................................................................. Page 7
10.0 Submission of Proposals ............................................................................ Page 7
SECTION B – Project Requirements
1.0 Introduction ................................................................................................ Page 8
2.0 Background ............................................................................................... Page 8
3.0 Project Revenues ...................................................................................... Page 9
4.0 Available City Resources ........................................................................... Page 9
5.0 Objectives .................................................................................................. Page 9
6.0 Assumptions............................................................................................... Page 9
7.0 Resources Requirements ......................................................................... Page 10
8.0 Milestones and Results ............................................................................ Page 10
9.0 Interim and Final Reporting ...................................................................... Page 10
10.0 Formal Contract ....................................................................................... Page 10
SECTION C – General Terms and Conditions
1.0 Improper Delivery ..................................................................................... Page 10
2.0 Signing Requirements .............................................................................. Page 10
3.0 Applicable Law ......................................................................................... Page 10
4.0 City Not liable for RFP Costs .................................................................... Page 11
5.0 Required Warranties ................................................................................ Page 11
6.0 No Obligation to Contract ......................................................................... Page 12
7.0 Contract Payments ................................................................................... Page 13
8.0 Limitation of Liability ................................................................................. Page 13
9.0 Dispute ..................................................................................................... Page 13
10.0 No Assignment ......................................................................................... Page 13
11.0 Fit for Use................................................................................................. Page 13
12.0 No Implied Waiver .................................................................................... Page 13
13.0 Governing Law ......................................................................................... Page 13
14.0 Force Majeur ............................................................................................ Page 14
15.0 Deemed Satisfaction as to Submission .................................................... Page 14
16.0 Default under Project................................................................................ Page 14
17.0 Title and IP Right to the Work .................................................................. Page 14
18.0 Insurance ................................................................................................. Page 14
19.0 Enforcement ............................................................................................. Page 14
20.0 Opening Process ...................................................................................... Page 15
21.0 Privacy and Freedom of Information ...................................................... Page 15
SECTION D – Form of Irrevocable Offer ................................................ ….Page 16
Appendix A - City of Kingston Naming of Corporate Assets Policy.................... Page 17
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Appendix B - City of Kingston Sign By-Law ....................................................... Page 20
Appendix C - Certificate of Insurance ................................................................ Page 58
Appendix D - Pictures of ice pads and interior signs ......................................... Page 59
Appendix E - Ice Pad Design ............................................................................. Page 64
Appendix F - Meeting Rooms ............................................................................ Page 65
Appendix G - Ice Pad User Statistics and Information ....................................... Page 66
Appendix H - User Statistics for the INVISTA Centre ........................................ Page 67
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SECTION A: The Project and Proposals
1.0
Introduction
The intent of this Request for Proposal (RFP) is to seek four, corporate sponsors for the
naming rights/sponsorships for the four, ice pads (community rinks), located at the INVISTA
Centre, 1350 Gardiners Road (at Fortune Crescent) in Kingston, Ontario. On May 06, 2008,
the Council of the City of Kingston, authorized staff to seek sponsorship for the naming rights
for the four, ice pads at the Invista Centre located at 1350 Gardiners Road, Kingston,
Ontario. On September 30, 2013 the current contracts for the Kingston Whig-Standard,
RONA, SWISH and the Ambassador Rinks, will end.
2.0
Term of the Project
The term of this project will run from the issuance of this RFP – through the review and
evaluation process, to the awarding of the contract, which may run from five (5) years, up to
ten (10) years based on the proposals received.
3.0
RFP Schedule
The RFP process will be governed according to the following schedule. Although every
attempt will be made to meet all dates, the City reserves the right to modify any or all dates at
its sole discretion.
Release of RFP:
Tuesday, May 28th, 2013
Site Tour:
Wednesday, June 12th, 2013 at 1:00 p.m.
Deadline for submitting questions:
Friday June 14th, 2013 at 3:00 p.m.
Deadline for answering questions:
Wednesday June 19th, 2013 at 12noon
RFP closing date:
Wednesday, June 26th, 2013 at 3:00:00 p.m.
Final Selection and Notification:
To be determined based on quality of proposals and negotiations with potential sponsors and
Council direction
If necessary, clarifications in response to inquiries in the form of a written addendum will be
sent to all proponents. Should any proponent find discrepancies in, or omissions from the
specifications, or should a proponent be in doubt as to their meaning, they must notify the
City staff contact indicated in this section in order to obtain clarification. All inquiries regarding
this RFP must be directed as specified in this section. Inquiries sent to any other person or
office or any sent though any other medium shall be disregarded and considered not sent.
4.0
Project Authority and Involvement
This Request for Proposal (RFP) is administered by the Director, Recreation and Leisure
Services Department, reporting to the Commissioner of Community Services Group. The
award may be subject to Council approval.
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5.0
Project Stakeholders
There are no other stakeholders in this RFP, other than the City of Kingston.
6.0
Inquires
Any clarification of this document or request for additional information must be received by
Friday June 14th, 2013 at 3:00:00 p.m., in writing by fax or email to:
Jackie St. Pierre
Manager of Marketing
Recreation and Leisure Services Department
Community Services Group
Email: [email protected]
Fax: 613-546-1899
7.0
Proposal Content
Please submit complete proposal, including signed original (master) and three (3) complete
copies in a sealed envelope along with a copy of the complete proposal on a CD quoting the
proposal number and closing date and marked as:
F31-CSG-RLS-2013-02
SPONSORSHIP AND NAMING RIGHTS FOR THE FOUR, ICE PADS –
COMMUNITY RINKS AT THE INVISTA CENTRE
Delivered to:
The Office of the City Clerk,
First Floor Counter, South Wing,
216 Ontario Street
Kingston, Ontario
K7L 2Z3
Proposals submitted should demonstrate to the evaluation committee, that the respondent
understands the objectives of corporate sponsorship; the value of the multiplex facility to our
community and understands the role of a naming sponsor in this unique marketing
partnership with the City of Kingston. Your submission should include:
a) A cover letter: a clear statement of why your company should be considered for
sponsorship and naming rights related to this facility, including a high-level
description of the proponents’ history. Respondents should not assume that
members of the evaluation committee are familiar with the Respondent, and their
corporate history.
b) The RFP should demonstrate how your company’s principles align with the City of
Kingston’s Naming of Corporate Assets Policy (Appendix A).
c) A financial proposal (HST is to be shown separately) that provides: a maximum
price for sponsorship; terms and conditions, including the proposed length of the
contract showing annual revenue to the City (minimum five-year commitment to the
sponsorship/naming rights with a maximum ten year proposal) with a statement of
value-added services (which may include the estimated dollar values of the gifts in
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kind, services, or proposed value-added services).
d) A signed copy of the irrevocable offer (Section D).
e) The RFP respondent’s company contact information.
f) AODA Statement - Provide a narrative concerning the Proponent’s experience
and compliance with the Accessibility for Ontarians with Disabilities Act stated in
Section C 3. This narrative shall be provided on a separate sheet of letter head
paper.
g) Your preference, if applicable, to the ice pad to be named, today, known as:
1) RONA
2) The Kingston Whig-Standard - home of the KAMHA’s, Kingston Canadians
3) SWISH, home of the Kingston Ice Wolves
4) The Ambassador, home of the Kingston Voyageurs and the Kingston AAA
Junior Frontenacs.
We suggest you provide your first and second choice.
8.0
Naming Rights
Commencing on October 1, 2013 your corporate name, logo and signage will be displayed at
the INVISTA Centre, and remain throughout the term, and known as the as the "XXX Rink".
The Naming Rights may be subject to approval of Kingston City Council. Minimum
sponsorship opportunities are as follows:
Sponsor's Benefits
(a) Logo
The Sponsor and City of Kingston agree that a mutually agreeable logo will be created for the
Community Rink.
(b) Signage
After the RFP selection and throughout the remainder of the term the logo shall be
incorporated into selected, interior building signage. The cost of signage – changes or the
creation of new signage is the expense of the sponsor, along with the removal of signage at
the end of the contract window, as follows:
directional signs (see APPENDIX D – Pictures of Ice Pads and interior and exterior
signs)
LCD screens (see APPENDIX D – Pictures of Ice Pads and interior and exterior signs)
on-the-ice of the sponsored community rink (see Appendix E – Ice Pad Design)
logo on the back-lit sign on the clock at the sponsored community rink (see Appendix
D - need picture)
the entry doors to the ice surface
on the Zambonis in all four rinks
billboard/wall mural space within the arena to promote your business
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Note: The City of Kingston reserves the right to sell and/or permit signage to other sponsors.
Any event producer will be allowed temporary (i.e. through the duration of the event period)
signage rights. The parties agree that the producer of any event, leasing the facility may have
their own sponsors, competing or otherwise and may display such sponsors' advertising and
logos within the producer's licensed space, provided that all of Sponsor's on-site benefits
remain intact as part of the normal operation for the presentation of events but subject to
producers' rights which may include the temporary right to cover signage.
(d) Public Relations
The Sponsor and City of Kingston will work together in good faith to draft and publish a press
release announcing publicly the sponsorship of the community rink.
(e) Facility Use
The Sponsor shall have the option to use the community rink up to a total of six hours,
annually during the term, at no rental cost. The sponsor acknowledges that the City of
Kingston may at its sole discretion refuse to agree to dates requested by the Sponsor what
are made more than three months from the date of the Sponsor's request or which may
conflict or impact with any tentative or confirmed facility bookings as of the date of Sponsor's
request.
(f) Website
The City of Kingston shall include the name of the Sponsor, on the City’s website.
(g) Advertising
The City of Kingston shall include the logo of the Sponsor in City of Kingston purchased
advertising including the Recreation and Leisure Guide (published two times per year).
9.0
Evaluation of Proposals
The following scoring system will be used to evaluate each accepted proposal:
Rating
Financial Proposal, term and annual revenue
60 points
Value-added services/revenue increase or City cost reduction
20 points
Compliance with City’s corporate principles, Naming Rights and other applicable policies
15 points
Accessibility Proposal
5 points
Total:
100 points
Final evaluation and selection will be subject to recommendation of staff and approval of the
Council of the City of Kingston. Unlike a procurement issued by the Corporation of the City of
Kingston, the weightings set out above are provided as a guideline. The City of Kingston
reserves the right to negotiate with any and all proponents and make such determinations
and selections in this matter as it deems appropriate in its sole discretion.
10.0 Submission of Proposals
Proposals in sealed envelopes, clearly marked as to contents; Request for Proposal - F31CSG-RLS-2013-02 will be received no later than 3:00:00 p.m. local time, on Wednesday,
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June 26th, 2013 and shall be addressed to the Corporation of the City of Kingston, Office of
the City Clerk, First Floor Counter, South Wing, City Hall, 216 Ontario Street, Kingston,
Ontario K7L 2Z3.
B.
Project Requirements
1.0
Introduction
The intent of this RFP is to seek sponsors for the naming rights of the four community rinks,
ice pads at the Kingston multiplex facility, currently known as the Invista Centre, located at
1350 Gardiners Road (at Fortune Crescent) Kingston, Ontario . The current contracts with
the four, arena sponsors will end on September 30th, 2013.
2.0
Background
In 2004, City Council approved the Group of Seven Community Priority Projects. These
projects were undertaken to build an economically-vital, better-equipped, more-exciting, and
environmentally-sound Kingston, which included the development of the Kingston west-end,
multiplex facility Report. In May 2006, City Council authorized staff to seek a naming
corporate sponsor for the facility, including the four, community ice pads.
In May 2008, the City of Kingston awarded the naming rights of the multiplex facility to
INVISTA (Canada) Company, one of Kingston's largest employers. Headquartered in the
United States, INVISTA is one of the world's largest, integrated fibers and polymers
businesses with more than 700 unique pending or granted U.S. patents. The INVISTA Centre
(a $33.6 million multiplex facility) opened on Friday, May 30th, 2008. The multiplex facility is
a showplace for Kingston and its active community hosting thousands of visitors annually.
Today, the centre features:
four, NHL-sized ice surfaces with upgraded, stadium seating;
24 change rooms for home and way teams plus referee rooms and tournament office
space;
home to the Kingston Voyagers Junior B hockey club;
a mini sticks hockey rink;
an upper viewing gallery;
multiple meeting rooms, for groups from 10 to 200;
fully-accessible facilities;
first aid rooms;
year round public skating schedule;
skating lessons;
a fitness and wellness centre featuring a youth fitness-zone, a fitness studio and
personal training;
a vibrant, recreational program schedule with numerous special events;
a Pro Shop — operated by Pro Graphics Sports;
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temporary home to The Original Kingston Hockey Hall of Fame;
hosts adult and youth leagues, plus pick-up and shiny ice hockey program times;
three, sound rooms with state-of-the-art sound systems;
a food concession with healthy food and beverage selections operated by Vineyard
Grill;
the multiplex is accessible by Kingston Transit;
free parking;
complimentary bicycle room;
Kingston’s Caraco Home Field –AstroTurf field ball field and track and field facility
and, free wifi communications.
3.0
Project Revenues
Financial proposals must be submitted in Canadian dollars before taxes. Harmonized Sales
Tax (HST) will be extra. The financial proposal shall provide a breakdown for each of the
items to be considered for sponsorship including:
a) sponsorship, the annual income to the City of Kingston;
b) and, a minimum five-year commitment to the sponsorship rights with a maximum,
ten-year agreement.
4.0
Available City Resources
The City of Kingston agrees to provide information pertinent to this project including:
user statistics (Appendix G);
a facility tour on Wednesday, June 12th, 2013 at 1:00 p.m.;
a copy of the Naming of Corporate Assets Policy (Appendix A);
City of Kingston Sign By-Law (Appendix C);
contact information for the City of Kingston, Project Lead;
and, available meeting space (Appendix F) at the INVISTA Centre.
5.0
Objectives
The overall objective of this sponsorship is to offset the tax subsidization required to operate
this municipal facility.
6.0
Assumptions
All lobbying is prohibited under this Request for Proposal pursuant to Purchasing By-Law
2000-134 as amended, Section A. 2.15.
No guarantee or warranty is given or implied by the City as to the amount or further
work/contracts as a result of the award of any sponsorship arising from this RFP.
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7.0
Resource Requirements
Proponents must provide detail on the resources that will be provided and those that will be
required of the City of Kingston as part of the proposal.
8.0
Milestones and Results
A working schedule will commence upon execution of contract and is to be included as part
of the response to this RFP. All milestones and results remain subject to the approval of and
amendment by the City.
9.0
Interim and Final Reporting
Any agreement arising from this RFP may be subject to such reporting requirements as
required by the City of Kingston.
10.0 Formal Contract
Sponsors offered the contract will be required to enter into a formal contract satisfactory to
the Legal Services Department of the City of Kingston, which will include, but not be limited
to, provisions set out in this Request for Proposal (RFP). Proposals received in response to
this RFP from any selected proponent, shall constitute part of the terms and conditions of the
contract award. Any agreement arising from this RFP will also include terms negotiated with
the successful proponent.
C.
General Terms and Conditions
The following terms and conditions are deemed accepted by all submitters of proposals in
response to this RFP and are deemed incorporated into every contract resulting from this
RFP:
1.
Improper Delivery. Electronic, telegraphic, telephone, or facsimile submissions in
response to this RFP will not be accepted. Late submissions in response will also not
be accepted.
2.
Signing Requirements. Submissions that are not signed will be rejected. Signing of
submissions shall be in the form set out in Irrevocable Offer D which shall be attached
to the proposal. If the submitter of a proposal is an incorporated company, the
proposal must be executed by the signing officer(s) of the company with the company
seal placed beside the signature(s). If the submitter of a proposal is not an
incorporated company, the submitter of a proposal should sign his or her own name in
the presence of a witness who should sign beside the submitter of a proposal's name.
3.
Applicable Law. This RFP, each submission and the Project itself are each subject to
the provisions of all applicable law, including:
the Municipal Freedom of Information and Protection of Privacy Act, RSO 1990,
c. M54,
Occupational health and Safety Act, R.S.O. 1990, c.O.1, Each proponent
warrants that they have the experience training and equipment to ensure all
work performed under the contract is done safely and in accordance with all
applicable health and safety legislation and that they have control over the
workplace and is fully responsible for the health and safety of all employees
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and others present on the site. Each proponent also acknowledges that the
City is relying on this warranty in its decision to award the contract to the
proponent
Integrated Accessibility Standards, Ontario Regulation 191/11 made under the
Accessibility for Ontarians with Disabilities Act, 2005, section 5 of which
regulation states:
“…designated public sector organizations shall incorporate accessibility criteria
and features when procuring or acquiring goods, services or facilities,”
Accessibility Standards for Customer Service, Ontario Regulation 429/07 made
under the Accessibility for Ontarians with Disabilities Act, 2005 applies to
provision of goods and services on and after January 1, 2012.
This RFP, each submission and the Project itself are also each subject to the
provisions of the Purchasing Bylaw 134-2000 of the Corporation of the City of Kingston
as amended.
4.
City not liable for RFP costs. The Corporation of the City of Kingston is not liable for
any costs incurred by the submitter of a proposal in responding to this "Request for
Proposal".
5.
Required Warranties. Each submitter of a proposal is deemed to expressly declare
and warrant in the proposal that;
i.
the prices in this Proposal have been arrived at independently from those of any
other submitter of a proposal,
ii.
the prices in this Proposal have not been knowingly disclosed by the submitter of
a proposal, and will not knowingly be disclosed by the submitter of a proposal
prior to award, directly or indirectly, to any other submitter of a proposal or
competitor,
iii. no attempt has been made, nor will be made, to induce any other person to
submit or not to submit a proposal for the purpose of restricting competition,
iv. this proposal is in all respects fair and without collusion or fraud.
v. there has been no violation of copyrights or patent rights in manufacturing,
producing or selling the materials and/or services shipped or ordered as a result
of this proposal, and the seller agrees to hold the purchaser harmless from any
and all liability, loss, expense, action or suit occasioned by any such violation.
vi. all materials and/or services proposed to be supplied to the Corporation of the
City of Kingston conform in all respects to the standards set forth by Federal and
Provincial agencies.
vii. The submitter of the proposal is:
a. competent to perform the work described in this RFP [“the work”];
b. has the necessary qualifications, including knowledge, skill and experience to
perform the work, together with the ability to use those qualifications effectively
for that purpose;
c. shall supply everything necessary for the performance of the work;
d. shall carry out the work in a diligent and efficient manner;
e. ensure the work is of proper quality, material and workmanship; is in full
conformity with the specifications; and meets all other requirements of this RFP
and any subsequent contract.
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viii. The submitter waives all rights of lien which might arise in relation to any contract
from this RFP under section 3(1) of the Repair and Storage Liens Act, R.S.O.
1990, c. R.25.
ix. The submitter has and follows a health and safety plan for employees and
representatives who will be present on the property of the Corporation of the City
of Kingston as part of any contract arising from this RFP.
x. The submitter confirms that the price proposed is an upset limit above which the
City is not required to pay and that where there is uncertainty as to the price
proposed, the unit price shall govern.
6.
No Obligation to Contract. Submissions made in response to this Request for
Proposals do not constitute the acceptance of a contract with the City of Kingston.
Submissions constitute offers which the City may or may not accept on its sole
discretion. The Corporation of the City of Kingston further reserves the right to accept
or reject any or all proposals or parts of proposals, to order additional units at the price
submitted, or to accept any proposal considered in its best interest, and to request reproposals on the required materials and/or services. The Corporation of the City of
Kingston also reserves the right to waive irregularities and technicalities and to do so
in its sole discretion. The Corporation of the City of Kingston further reserves the right
to award the contract on a split-order basis, lump-sum or individual-item basis, or such
combination as shall best serve the interests of the City in the opinion of the City. The
City of Kingston reserves the right to include consideration of any outstanding claims
against or by the City, any record of poor performance with the City and the
appropriateness of any key personnel in evaluation of any proposal and to reject any
proposal based on record of past poor quality of service, claims and disputes or
difficulties related to proceedings in completed past projects for the City.
Each submission of a signed proposal is deemed an irrevocable offer which may be
accepted, at the sole option of the Corporation of the City of Kingston and after
negotiation, only by entering into a formal contract upon such acceptance the terms,
responsibilities, and specifications as required by the Corporation of the City of
Kingston including but not limited to those set out herein. The City reserves the right to
reject an offer to supply goods and services presented in response to the City’s
procurement processes where the City determines that the person making the offer is
in any way indebted to the City and in its sole discretion is of the opinion that it is in
the City’s best interests that the offer be rejected.
Notwithstanding anything contained in the Agreement to the contrary, the City may,
at any time prior to the completion of the services, terminate this Agreement by
giving thirty (30) days written notice to the Contractor. Upon a termination notice
being given, the Contractor shall immediately cease services in accordance with and
to the extent specified in the notice. In the event of a termination notice being given
in accordance with this Agreement, the Contractor shall be entitled to be paid, to the
extent that costs have been reasonably and properly incurred for purposes of
performing the services and for which the Contractor has not already been so paid or
reimbursed by the City.
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7.
Contract Payments. Unless otherwise specified, should the Corporation of the City of
Kingston enter into a contract relating to the Project, it will make payment of accounts
within thirty (30) days of either the date on which the materials and/or services have
been accepted to the satisfaction of the Corporation of the City of Kingston, or the date
on which the invoice is received, whichever is later.
8.
Limitation of Liability. Unless otherwise agreed, should the Corporation of the City of
Kingston enter into a contract relating to the Project, the other contracting party shall
agree to hold the Corporation of the City of Kingston harmless from any and all liability,
claim, (including damages, fines, insurance adjuster’s fees and legal costs on a full
recovery basis), loss, expense, action or suit arising from the Project. Independent of
any steps taken by the City, it shall be the Contractor’s responsibility to investigate and
handle any and all third party claims arising from the project in a professional manner,
within 30 days of receipt, and provide a copy of the response to the City.
Each proponent submitting a proposal in response to this RFP specifically releases the
Corporation of the City
of Kingston, its staff, officers, consultants, agents, Council
and councilors from and also specifically waives all liability, loss, expense, action or
claim it may have in law or equity arising in any way from processes related to this RFP
including but not limited to the award of contract, negotiated terms of contract, reject of
proposal, evaluation of proposals, exercise of any privileges pursuant to section C6
above or for any other thing done or not done by the City or a successful proponent.
9.
Dispute. In cases of dispute as to whether or not deliverables meet the requirements
of the Corporation of the City of Kingston, the decision of such agent as the
Corporation of the City of Kingston may appoint will be final and binding.
10. No Assignment. Unless otherwise agreed, should the Corporation of the City of
Kingston enter into a contract relating to the Project, the other contracting party shall
not, without the written consent of the Corporation of the City of Kingston, assign or
subcontract any aspect of the Project or the deliverables.
11. Fit for Use. All things supplied under the Project shall be fit for the use specified in the
governing documents whether or not detailed specifications on the various
components are not set out in the documents.
12. No implied Waiver. The failure of either party at any time to require performance by
the other party of any provision hereof shall in no way affect his right thereafter to
otherwise enforce such provision or to seek damages for the breach thereof.
13. Governing Law. All submitter of proposals, including those outside the Province of
Ontario, agree that the rights of all parties shall be governed by the laws of the
Province of Ontario and that the venue for dispute shall be within the Province of
Ontario. Proponents must be able to demonstrate their ability to perform the work
under the law of the Province of Ontario and provide such security as might be
required and enforceable under the law of the Province of Ontario.
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14. Force Majeur. Neither party shall be held responsible for any remedy arising from
delay or failure to perform obligations under this RFP or the Project when such delay
or failure is due to fires, strikes, floods, acts of God or the Queen's enemies, lawful
acts of public authorities, or delays or defaults caused by common carriers, which
cannot reasonably be foreseen or provided against.
15. Deemed Satisfaction as to Submission. The submission of a proposal shall be
deemed conclusive proof that the submitter of a proposal has satisfied itself as to all
the requirements set out in the RFP, all the conditions which may be encountered,
what materials and/or services he/she will be required to supply, or any other matter
which may enter into the carrying out of the Project. No claims will be entertained by
the Corporation of the City of Kingston based on the assertion by the submitter of a
proposal that it was uninformed as to any of the requirements of the proposal.
16. Default under Project. In case of a default of performance of the Project, the
Corporation of the City of Kingston reserves the right to transfer the Project to another
source. All additional expenses arising from such transfer will be charged to the
original submitter of a proposal or contractor and are due forthwith.
17. Title and IP Right to the Work. Title and intellectual property interest [“IP”] to the work
described in this RFP [“the work”] and any part thereof vests in the City upon delivery
and acceptance thereof by or on behalf of the City. The risk of loss or damage to the
work or part thereof so vested shall remain with the successful proponent Contractor
until its delivery of the work in full. Any vesting of title or IP shall not constitute
acceptance by the City of the work and shall not relieve the successful proponent of its
obligation to perform the work. The successful proponent shall indemnify and save
harmless the City and its employees and agents against any claim, action, suit or other
proceeding for any payment or enforcement of any right or remedy that results from or
is alleged to result from the creation of or provision of the work or the use or disposal
of anything furnished in relation to the work.
18. Insurance. Any selected proponent shall be required to provide Commercial General
Liability Insurance, structured on a “per occurrence” basis, and motor vehicle liability,
in the amount of no less than two million dollars ($2,000,000.00). WSIB coverage,
whether mandatory or optional, shall be provided. Additional insurance may also be
required depending on the nature of bids submitted. Policies shall be in a form
satisfactory to the City and shall be kept in full force during the complete period. The
City shall be named as an additional Insured on the Commercial General Liability
policy, and any successful proponent shall provide evidence of all insurance coverage
required by completing the Certificate provided by the City, Appendix D, and proof of
WSIB coverage, before the City shall enter into of a contract in relation to this Request
for Proposal, and throughout the life of the contract.
19. Enforcement. Any successful proponent will have to enter into a legally binding
agreement with the Corporation of the City of Kingston. Where any breach of the
terms of that agreement should occur, the City shall review all legal remedies available
to it and use any appropriate remedies to protect the interests of the Corporation of the
City of Kingston including law suit or application before the appropriate court or
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tribunal. All submitters of proposals in response to this RFP hereby acknowledge and
attorn to the jurisdiction of the choice of the City of Kingston in any such legal process.
20. Opening Process. The following processes shall be used when RFP submissions are
opened:
a. Over $50,000 - only the name of each proponent will be released at the time of
opening. The pricing component and the ranking of all accepted submissions will
be reported to council.
b. Less than $50,000 - The prices of the successful proponent may be released
after award. The pricing submitted from unsuccessful proponents will not be
released.
21. Privacy and Freedom of Information. All submissions and attached materials received
in response to this [RFP/tender] are deemed to be the property of the City of Kingston
as of the date of their submission except to the extent they are protected as third party
material under applicable privacy law. The Municipal Freedom of Information and
Protection of Privacy Act (MFIPPA or the Act) applies to all tenders, quotations and
proposals submitted to the Corporation of the City of Kingston (the City). Tenders,
quotations and proposals will be received in confidence and are subject to the
disclosure requirements of the Act. Pursuant to orders made by the Information and
Privacy Commissioner/Ontario, the City shall not withhold the following information
from tenders, quotations or proposals, if requested through the MFIPPA process by
any person or business:
·
the cover letter to the tender, quotation, or proposal;
·
the table of contents;
·
lists of figures, tables, and appendices; and
·
any information regarding the form and structure of a tender, quotation or a
proposal (i.e. information which may disclose the manner in which the
document is constructed).
Bidders/proponents should identify any portions of their tender/quotation/proposal
which contain a trade secret, scientific, technical, financial, commercial or labour
relations information supplied in confidence and which will cause harm if disclosed.
The City of Kingston cannot ensure that any given portion of any materials received in
response will not be ordered released under MFIPPA.
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SECTION D.
Form of Irrevocable Offer
I hereby offer to provide the requirements under Request for Proposal - F31-CSG-RLS2013-02 to the Corporation of the City of Kingston according to the terms set out in this
Proposal as well as in the RFP including the requirement for and acceptance of a formal
contract acceptable to the Corporation of the City of Kingston. I also agree that this
irrevocable offer shall be open to acceptance by the Corporation of the City of Kingston
for a period of one hundred-twenty (120) days from the closing date for the receipt of
proposals.
Witness
(or Affix Company Seal if applicable)
Signed
_________________
Name
_________________
Title
_________________
Company
_
Address
City/Prov
____ _
_________________
Postal Code
Telephone
_
_________________
Fax No.
Email
_
_________________
Date
Page 16 of 67
_
Appendix A
CITY OF KINGSTON NAMING OF CORPORATE ASSETS POLICY
Approved by City Council June 22, 2004
A. Purpose
This policy is to encompass the naming of any corporate asset including parks, open spaces,
facilities, streets and other municipal buildings or properties. The final decision for naming of
corporate assets will rest with City Council, including naming opportunities as a result of gifts
and sponsorships. The naming of a particular corporate asset is important for public
awareness, promotion and emergency access. Therefore, naming will be consistent with the
City of Kingston’s vision and will not contravene any policy of the City nor reflect negatively
on the City’s public image.
B. Intent
The intent of this policy is to:
Continue the current traditional practice of naming municipal property, buildings and
park elements after significant geographical, neighbourhood and historical elements;
Recognize on an exception basis, significant contributions that organizations or
individuals have made to the public life and the well-being of the people of Kingston;
Provide direction of how to apply for approval to name, rename or dedicate municipal
property, buildings or park elements.
C. Policy Statements
1. There are four, main types of naming situations this policy intends to address:
Opening of a new corporate asset or reopening of a corporate asset following
refurbishment;
Honouring individuals or groups;
Recognizing international, national or provincial events/competitions;
Providing recognition of gifts, sponsorships and joint ventures.
2. The selection of a name will be based on a number of criteria including but not limited to:
A longstanding local area identification with the residents;
Understandable to the majority of citizens in Kingston;
Consistent with any other applicable policies and naming guidelines;
Assists with emergency response situations by being consistent with street names and
geographical locations and meeting the requirements of Kingston Fire and Rescue,
Kingston City Police, and Kingston Regional Ambulance Services;
Consistent with sponsorship levels.
3. Preference will be given to names that:
Give a sense of place, continuity and belonging reflecting the geographic location,
community, neighbourhood or street where the corporate asset is located and/or;
Recognize the historical significance of the area and/or;
Reflect unique characteristics of the site and/or;
Reflect the type of service offered and/or;
Are in keeping with a selected theme and/or;
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Honour individuals, living or deceased, who have made a significant contribution to the
community.
4. Names will not be chosen that:
• Cause confusion due to duplication or names sounding similar to existing locations within
Kingston;
• Are the names of tobacco companies;
• Lend themselves to inappropriate short forms or modifications;
• Are discriminatory or derogatory considering race, gender, creed, political affiliation, or
other similar factors;
• Recognize the birth, marriage or anniversary of specific individuals (this can be done
through individual dedications of benches and trees though Parks and Arenas).
5. Names of persons, organizations, corporations, foundations or their families will be
considered when they have made a significant contribution to the City by:
• Enhancing the quality of life and well-being of the City;
• Contributing to the historical or cultural preservation of the City;
• Contributing toward the acquisition, development or conveyance of land or building;
• Achieving excellence in their endeavours and representing Kingston in a meritorious
manner and/or;
• Where there is a direct relationship or association that exists between former place of
residence of the person or group and the asset to be named.
6. Naming in honour of elected or appointed public officials, City administrative officials or
staff shall occur posthumously.
7. Where the name of an individual is recommended after an in camera discussion, consent
shall be obtained from the individual or their next of kin prior to Council’s public
consideration.
8. Where the naming opportunity is as a result of a sponsorship or gift the following factors
must be considered:
• The significance of the contribution made relative to the construction and operating costs of
the item being named;
• The cost of establishing the naming option (e.g. cost of the signage to be paid by the
applicant unless the City has made the request for the name change);
• Sunset clause associated with the length of time that the name will be used. Naming
agreements may be renewed if the appropriate gift or sponsorship is received.
9. Existing names will not be changed without consideration of the historical significance of
the existing name, the impact on the individual or organization previously named, the cost
and impact of changing existing signage, rebuilding community recognition and updating
records (i.e. letterhead, databases, promotional materials). Each application will be
considered on a case-by-case basis.
D. Application Review and Approval Process
1. Applicant(s) shall submit a written request for civic naming to the City Clerk. The written
request shall provide the following:
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• Background information concerning the rationale for consideration of the request;
• Biographical information if named after an organization or individual; and
• Documentation including letters from organizations and individuals providing substantial
support for the request.
2. Each application for naming/renaming shall undergo a process which will:
• Review the application for conformity with this policy
• Circulate the application to the appropriate internal stakeholders for comment on the
suitability of the application
• Discuss in camera any naming in recognition of an individual prior to discussing it with the
individual or next of kin
• Consult with external stakeholders in the community to the level of support or identify
possible objections to the requested civic naming
• Determine whether or not a special event is planned to coincide with the formal naming
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Appendix B
City of Kingston Sign By-Law
City of Kingston, Ontario
BY-LAW NO. 2009-140
A BY-LAW TO PROVIDE FOR THE PROHIBITION
AND REGULATION OF SIGNS AND
OTHER ADVERTISING DEVICES IN THE CITY OF KINGSTON
PASSED: October 20, 2009
As amended by:
Office Consolidation
(Distributed: April 12, 2012)
Page 20 of 67
Index
See No.
Section:
1.
DEFINITIONS
2.
APPLICABILITY
3.
ADMINISTRATION
4.
GENERAL PROVISIONS
5.
EXEMPTIONS
6.
PROHIBITED SIGNS
7.
ENFORCEMENT
7.1 Orders
7.8 Order to Remove
7.9 Sign to be Removed
7.10 Notices
8.
OFFENCE AND
PENALTY PROVISIONS
9.
VALIDITY
10.
COMMENCEMENT
SCHEDULE "A-1"
PERMIT FEES
SCHEDULE "B-1"
BILLBOARD SIGNS
SCHEDULE "B-2"
BOULEVARD SIGNS
SCHEDULE "C-1”
CONSTRUCTION SIGNS
SCHEDULE "G-1"
GROUND SIGNS
SCHEDULE "P-1"
PORTABLE SIGNS
SCHEDULE "P-2"
PROJECTING SIGNS
SCHEDULE "P-3"
PROJECTED DISPLAY SIGNS
SCHEDULE "R-1"
REAL ESTATE SIGNS
SCHEDULE "R-2"
REVOLVING SIGNS
SCHEDULE "R-3”
ROOF SIGNS
SCHEDULE "S-1"
SANDWICH BOARD SIGNS
commonly referred to as an “A-FRAME
SIGN”
SCHEDULE "S-2"
SEARCHLIGHT SIGNS AND BALLOON
SIGNS
SCHEDULE "W-1"
WALL SIGNS
SCHEDULE "Z-1"
SPECIAL REGULATION AREA –
BUSINESS IMPROVEMENT AREA
SCHEDULE "Z-2"
Page 21 of 67
MAP OF BUSINESS IMPROVEMENT AREA
BY-LAW NO. 2009-140 “A BY-LAW TO PROVIDE FOR THE PROHIBITION AND
REGULATION OF SIGNS AND
OTHER ADVERTISING DEVICES IN THE CITY OF KINGSTON”
PASSED: October 20, 2009
WHEREAS Section 99 of the Municipal Act R.S.O, 2001 authorizes the council of every
local municipality to pass by-laws for prohibiting and regulating advertising devices
including signs within the municipality;
AND WHEREAS the Council of the Corporation of the City of Kingston considers it
desirable to enact such a by-law;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
KINGSTON ENACTS as follows:
1. DEFINITIONS:
In this By-law,
“ADVERTISING DEVICE” shall mean any device or object creating a design and erected
or located or affixed on any building or structure or on the ground for the purpose of
advertising, and shall include flags, banners, pennants, lights or any other object
intended for advertising purposes.
“ALTERED” means making changes to the structure of the sign, but does not mean a
change in the message displayed by a sign or other advertising device (unless change is
from on-premise sign to off-premise sign), maintenance or repair of a sign or advertising
device.
“ANIMATED SIGN” means a sign with action or motion, flashing, colour changes
requiring electrical energy, electronic or manufactured sources of supply, but not
including wind actuated elements such as flags, banners or specialty items; public
service signs such as time and temperature, revolving or changeable message signs.
“AREA” means the number of square metres on the surface of a sign including the
border and frame, and where a sign is not bounded or enclosed within a frame, the area
will be that of a rectangle, circle or other simple geometrical shape containing all letter,
symbols and devices on the sign. In the case of a double or multifaced sign or posturn
sign, the area of a sign will be based on all sign faces.
“AWNING” means a retractable or fixed roof-like cover made of canvas or other suitable
material, which normally extends over a doorway or window of a building with lettering
(other than civic address number) or advertising, on or affixed to it and may have
supports on the ground. Also includes a canopy.
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“BILLBOARD” means an off-premise, ground sign which advertises goods, products,
services or facilities, or directs persons to a different location from that upon which the
sign is located. This definition would include a digital billboard which has stationary
displays that remain unchanged for periods of at least 5 seconds.
“BOULEVARD SIGN” means a privately owned sign erected temporarily and either
located on the ground on the municipal boulevard between the roadway and the
sidewalk or the front property lines.
“BUILDING” means the place of business including the property address that the
business may be located on.
“BUILDING FACADE” means that portion of any exterior elevation of a building
extending from grade to the top of the parapet wall or eaves and the entire width of the
building elevation.
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“BUILDING AND LICENSING DEPARTMENT” and “DEPARTMENT” mean the
Building and Licensing Department, Community Development Services Group, or in the
event of organizational changes, another unit designated by Council to carry out the
Department’s responsibilities for the administration and enforcement of this by-law.
“BUILDING OCCUPANCY” means a premises occupied by a single use, owner or tenant
that has a separate entrance to the outdoors or to an indoor walkway or hallway shared
with other occupancies.
“BUSINESS IMPROVEMENT AREA” means the geographic area bounded by the
streets outlined in Schedule “Z-2”.
“CITY” AND “CITY OF KINGSTON” means The Corporation of the City of Kingston, as
incorporated on January 1, 1998.
“CONSTRUCTION SIGN” means a sign erected temporarily to advise of construction,
and located on private property as provided for under this by-law.
“COPY AREA” shall mean the actual area of the sign copy applied to any background.
Copy area shall be computed by straight lines drawn closest to copy extremities
encompassing individual letters or words.
“COUNCIL” AND “CITY COUNCIL” means the Council of the City of Kingston.
“DESIGNATE” means a person who is an employee of the Corporation of the City of
Kingston and who has been appointed by the Director to administer all or part of this bylaw on behalf of the Director.
“DIRECTOR” means the Director of Building and Licensing for the City of Kingston, and
includes their designate.
“ELECTION SIGN” means any type of sign or other form of display that promotes
directly or indirectly the candidacy of any person for election to public office. These are
governed under By-law 2000-293, A By-law to Regulate Election Signs in the “New” City
of Kingston.
“ELECTRIC SPECTACULAR SIGN” means an animated sign having a message change
more frequently than once every 5 seconds.
“GROUND SIGN” means an on-premise sign including a backlit, posturn, pylon and
readograph sign supported from the ground and not attached to any part of a building.
“HIGHWAY” means a common and public highway or portion thereof, which is under the
jurisdiction of the City, and includes any street, lane, bridge, trestle, viaduct or other
structure that forms part of the highway and all lands along the lateral boundaries of the
highway.
Page 24 of 67
“ILLUMINATED SIGN” means a sign in which a source of light is used in order to make
readable the message, including an internally and externally lighted sign and a reflecting,
flowing and radiating sign.
“INTERSECTION” means the area embraced within the prolongation or connection of the
lateral curb lines or, if none, then of the lateral boundary a line of two or more highways
that join one another at an angle, whether or not one highway crosses the other.
“MAST ARM SIGN” means a projecting sign where the support pole or mast shall be of
wrought iron or wrought aluminum construction, has a sway chain, has a sign face that
shall be of metal or wooden construction only, and may be illuminated with exterior
lighting.
“OFFICER” means a Provincial Offences Officer of the Corporation who has been
assigned the responsibility of administering and enforcing this by-law and includes all
City of Kingston employees of the Building and Licensing Department.
“OFF-PREMISE SIGN” means any sign identifying or advertising a business, person,
activity, goods, products or service, which is not related to or available at the premises
where the sign is located.
“ON-PREMISE SIGN” means any sign identifying or advertising a business, person,
activity, goods, product or service available at the premises where the sign is located.
“PARAPET” means an extension of the wall above the actual roof level.
”PORTABLE SIGN” means and includes any temporary sign or advertising device not
permanently attached to or affixed into the ground, to a building or structure, or any sign
or advertising device resting upon or attached to any moveable device and includes
airborne devices tethered to a structure, building, vehicle or other anchor”;
“POSTURN” means a sign made with a series of triangular vertical sections that turn
and stop, or winds, to show three pictures or messages in the same area. This definition
also includes signs known as Trios Signs and Trivision Signs.
“PROJECTED DISPLAY SIGN” means a sign which projects light from a property to any
surface for advertising and includes holograms.
“PROJECTING SIGN” means an on-premise sign which is perpendicular to the wall and
includes mast arm signs.
“PUBLIC INFORMATION SIGN” means any sign erected for or on behalf of a public
agency for the purpose of providing information to the public.
“PUBLIC OFFICE” means any position to which a person is elected by general election
and without limiting its generality, includes a member of the Parliament of Canada, a
Page 25 of 67
member of the Legislative Assembly for the Province of Ontario, a member of a council
of a municipality, and a member of a board of school trustees.
“PUBLIC THOROUGHFARE” means that portion of private property over which the
general public has the right to vehicular passage for the purpose of attending at
premises located on the property and includes roadways, laneways and public parking
areas in and around shopping centres and plazas. This definition will also include water
passage on Lake Ontario, and the St. Lawrence River.
“PUBLIC UTILITY POLE” means a pole owned or controlled by an entity which provides
a municipal or public utility service, including but not limited to the City of Kingston,
Kingston Hydro Company, Bell Canada, On Source, Hydro One, the Ontario Electric
Services Corporation, and any subsidiaries thereof.
“READOGRAPH” means a permanent sign composed of manually or electronically
interchangeable letters intended to convey a temporary message that remains unmoved
or unchanged for a period of 5 seconds or more.
“REAL ESTATE SIGN” means a sign used to advertise buildings and properties for sale
or lease at the point of sale and includes lease and rental signs for these properties and
buildings and units within the buildings.
“REVOLVING SIGN” means a sign that revolves 360 but shall not exceed 8 rpm.
“ROAD ALLOWANCE” means the allowance for a public road and includes the traveled
and untraveled portions of the road allowance, the road shoulders, ditches, boulevards
and sidewalks.
“ROOF SIGN” means a sign erected upon or above a roof or parapet wall of a building
that is wholly or partially supported by said building.
“SANDWICH-BOARD SIGN” commonly referred to as an “A-Frame Sign”, includes any
sign not permanently attached to or affixed into the ground, building or structure, which is
hinged or otherwise attached at the top enabling the two sign faces to be extended into
an inverted v-shape so as to support the said sign in an upright position, on its side or in
any other manner.
”SEARCHLIGHT” means an apparatus containing a light source and a reflector for
projecting a high-intensity beam of approximately parallel rays of light.
“SIGN” shall include the sign structure, and shall mean any device, or medium that uses
any colour, form, graphic, illumination, symbol or writing which displays its message in
such a way as to convey information of any kind to the public to be viewed from a
highway or public thoroughfare and includes but is not limited to a blimp, balloon or
model placed on or above a property for the purpose of advertising a business,
organization, project, product, service, event or otherwise promote the sale of objects or
identify objects for sale.
Page 26 of 67
“SIGN STRUCTURE” means the supports and framework for a sign.
“STREET” means the portion of a highway that is used for vehicular traffic.
“STREET LINE” means the dividing line between a property line and a road allowance.
“TOTAL AGGREGATE AREA” means the sum total of all individual sign areas located
on the building facade.
“WALL SIGN” means an on-premise sign, attached in close proximity and parallel to, any
exterior wall of a building and without limiting the generality of the foregoing, includes
awning signs.
“ZONING” OR “LAND USE” mean the permitted land use established by the Zoning Bylaws under the Planning Act.
2. APPLICABILITY
2.1 Any sign that is lawfully erected or displayed on or before the day this by-law comes
into force, but does not comply with this by-law, shall be allowed to remain so long
as it is not in any way substantially altered, provided that the maintenance and repair
of the sign or a change in the message displayed shall not constitute an alteration,
unless the sign is changing from an on-premise sign to an off-premise sign.
2.2 No person shall erect, alter, attach, place or display a sign except as permitted by
this by-law.
2.3 All signs erected in the City shall comply with this by-law, the Ontario Building Code,
Fire Code and their regulations, as well as any other Act, regulation, by-law or site
plan requirement regardless of the requirement for a permit.
2.4 Any application for a sign permit on a Designated Heritage Property is subject to the
regulations of the Ontario Heritage Act and the requirements of Council, including
recommendations of the Municipal Heritage Committee.
3. ADMINISTRATION
3.1 The Director is responsible for the administration and enforcement of this by-law.
3.2 Applications for a sign permit shall be submitted to the Building and Licensing
Department upon a form to be provided.
3.3 Any applicant for a sign permit shall submit proper plans and/or specifications for the
sign to the Building and Licensing Department for examination as required.
3.4 The Building and Licensing Department shall issue a sign permit except where,
Page 27 of 67
a. permits required by any other applicable government authority including the
Electrical Safety Authority do not accompany the application;
b. the application is incomplete or any fees due are unpaid; or
c. the regulations of this By-law will be contravened.
3.5 Applications for a sign permit or for an amendment to an existing sign permit will not
be processed until the required fee has been paid in full.
3.6 The Director may revoke a sign permit,
a. where it was issued on mistaken or false information;
b. where, 6 months after the issuance of the permit, the erection, display,
alteration or repair of the sign in respect of which the permit was issued has
not commenced to the satisfaction of the Director;
c. where a person to whom an Order to Comply has been given in accordance
with this by-law has failed or refused to comply with such notice; or
d. where a person has been found to have contravened this or any other bylaw or applicable law.
3.7 Upon completion of the erection, display, alteration or repair of a sign for which a
permit has been issued, the person to whom the permit was issued shall so notify
the Building and Licensing Department where an inspection is required, as well as
any other required inspection under the Building Code Act.
3.8 Where, in the opinion of the Director, any sign is found to be in a dangerous or
defective condition, the permit holder or owner or lessee of the sign or agent of the
sign or the premises upon which such sign is located may be ordered to remove the
sign or place the sign in a proper state of repair forthwith at the expense of the
owner, lessee or agent.
a. Upon receipt of an Order to Comply issued by the Director, the owner,
lessee or agent of the sign or the premise shall at once proceed to repair or
remove the sign, provided, that if the owner, lessee or agent of such sign or
premise fails to repair or remove the sign, the Building and Licensing
Department may have the sign removed or have repairs made as deemed
necessary. The cost of which shall be recoverable in the way of taxes.
3.9 A sign permit may be renewed for an additional specified period as specified by this
by-law, subject to the payment of an additional fee as prescribed in Schedule "A-1",
and provided that renewal is applied for prior to the expiration of the original permit.
3.10 No sign, or any part thereof, previously erected shall be added to, altered or
extended unless it conforms to the requirements of this By-law.
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3.11 If it is determined that an application meets the requirements of this by-law, the
Building and Licensing Department will issue the permit if the permit fee has been
paid.
3.12 If it is determined that an application does not meet the requirements of this by-law,
the Building and Licensing Department will refuse the permit and will refund the
permit fee.
3.13 Any person may seek an exemption from the requirements of this By-law by
applying to the Clerk’ Office for a relief to the By-law. The appeal is to be done as a
letter to Council through the Clerk’s Office. The Clerk’s Office will review the matter
and forward on to Council to determine if the matter will be considered by Council.
3.14 The Appeal must be accompanied with information that includes the By-law section
to be considered, as well as any plot plans, elevations and details of the sign
showing the construction including fastening and ground support, footings,
photographs of the site etc. The documentation to be provided must also include the
reason why the sign cannot be installed in a manner that would meet the By-law. If
Council determines that they will consider the application, any additional information
that is required for the report to Council must be provided.
4. GENERAL PROVISIONS
4.1 The provisions of this section apply to all signs in addition to the regulations set out
in the attached schedules.
4.2 No sign shall be erected, displayed, altered or repaired in the City except in
accordance with this by-law.
4.3 The owner of any sign shall keep the sign in good condition and be solely
responsible and pay for any damage to persons or property caused by the erection,
maintenance, use or removal of the said sign or any other cause whatsoever and
every sign and sign structure shall, at all times, be well maintained and in a good
state of repair.
4.4 No part of any sign, shall be attached to, supported by, or painted on any tree, post,
public utility pole or support on municipal property or interfere with municipal or
public utility services;
4.5 No sign shall be permitted unless the applicant obtains approval from the owner of
the property.
4.6 A person is not eligible to display a sign if the usage of his or her sign does not
conform with the applicable standards and requirements of:
a. Every by-law of the City;
b. The Ontario Building Code;
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c. Every provincial or federal act and regulation made under such an act; and
d. Every instrument of a legislative nature made or issued under a provincial or
federal act or regulation.
4.7 Applications may be circulated to other internal departments for approval.
4.8 The applicant shall indemnify the Municipality, its officers, and agents from all loss,
damages, costs, or proceedings of any nature arising from the erection,
maintenance, display, alteration, repair or removal of any sign.
4.9 No sign shall obstruct the view of any pedestrian or motor vehicle driver so as to
cause an unsafe condition in the determination of the Director.
4.10 The following regulations shall apply to signs which overhang the street allowance:
a. The lowest part of any sign shall not be less than 2.7 metres (9 feet) above
the level of the sidewalk grade;
b. Where traffic may be obscured, the minimum height of the lowest part of
any sign shall be 3.7 metres (12 feet);
c. Notwithstanding the provisions of 8.a., for small signs having a surface area
of 0.6 square metres (6 square feet) or less, and projecting not more than
45.7 centimetres (18 inches) from the building or other support to which it is
attached, the lowest part of such sign shall not be less than 2.4 metres (8
feet) above the level of the sidewalk.
4.11 No light which is used to externally illuminate a sign shall spill directly beyond the
face of the sign.
4.12 Internally illuminated signs must not direct light onto any neighbouring property or
any street.
4.13 Any sign on an historically designated property requires approval from the Municipal
Heritage Committee prior to issuance of a sign permit.
4.14 No sign shall be erected, displayed, altered or maintained in such a way that, in the
opinion of the Director it interferes with any municipal operations, and can be
removed by the municipality.
4.15 Any fee relating to this by-law shall be prescribed by the provisions of By-law 200510, “A By-law to Establish Fees and Charges to be collected by the Corporation of
the City of Kingston, as amended.
4.16 Signs erected by or on behalf of a Registered Charity are not required to pay a
permit fee, but are required to submit an application and meet the requirements of all
other regulations.
Page 30 of 67
4.17 No sign shall be erected upon or attached to any building or other approved support
unless such building will carry the additional dead and wind loads due to the erection
of such signs or without exceeding the stresses permitted on the respective
materials by the Ontario Building Code.
4.18 Any sign which is permitted under the Zoning By-Law for any Home Occupation
must comply with the applicable zoning requirements and the Official Plan for the
City.
4.19 All signs that are near any overhead electrical conductor will be subject to the rules
of the authority having jurisdiction and approvals will be required from the regulatory
authority having jurisdiction before a permit may be issued, and to determine if a
permit for the sign can be issued.
4.20 Any person having possession of any premises, and any owner of any premise for
which a permit has been granted for a sign, shall remove any sign(s) within 30 days
of vacating the premises. The sign face may be covered over, however any sign
boxes are not to be left open and must have a suitable opaque covering or
replacement sign face.
5. EXEMPTIONS
The following signs shall be permitted in all zones and no permit shall be required
unless Provincial statute requires a permit;
5.1 Signs for the identification of a garage sale provided that such sales are in
accordance with the Licensing By-Law and any other by-laws, and that all signs are
removed at the end of the sale;
5.2 All signs having an area not greater than 0.18 square metres (2 square feet) located
on privately owned property attached to the building, including a home occupation
sign;
5.3 Civic addressing signs up to 0.18 square metres (2 square feet) in size, including the
name of the owner or occupant of the property or street name, or any sign in
compliance with the Civic Addressing By-Law.
5.4 Directional signs erected on private property for the purpose of directing traffic upon
the property provided no side is greater than 0.55 square metres (6 square feet) to a
maximum total for all sides of not greater than 2.22 square metres (24 square feet);
5.5 Displays consisting entirely of landscaping material;
5.6 Signs erected by or on behalf of the City or any Federal or Provincial authority;
5.7 Banners that have been authorized by the City used to identify a special event;
Page 31 of 67
5.8 Real Estate signs as per Schedule R-3;
5.9 Construction Signs as per Schedule C-1;
5.10 Election Signs are regulated under By-Law 2000-293, as amended.
5.11 Searchlights, blimps or models erected or displayed no more than once per year per
property for a period not to exceed fourteen days;
5.12 Balloons displayed not more than 14 days in any calendar year;
5.13 Warning signs with an area not greater than 0.55 square metres (6 square feet)
indicating a caution such as "no trespassing";
5.14 Flags, emblems, decorations or insignia used only for the identification of a nation,
province, country, municipality, school, corporation, sorority or fraternity, political or
religious group or holiday;
5.15 Window signs that may be painted on, or applied to the inside surface of a window,
or placed inside of a window;
5.16 Memorial or historical interest signs or tablets;
5.17 Entrance gate signs located within the boundaries of the subdivision and not within
the road allowance, which identify the subdivision and erected at the entrance to the
subdivision with a maximum sign area of 3 square metres (9.8 square feet);
6. PROHIBITED SIGNS
6.1 Electric Spectacular Signs.
6.2 Vehicles or trailers parked solely for the purpose of advertising the direction to, or a
place of business.
6.3 Roof sign or billboard sign in any heritage designated areas or on any heritage
designated buildings.
7. ENFORCEMENT
7.1
Orders
a. Where the Director is satisfied that a contravention of this by-law has occurred,
the Director may issue an Order to Comply requiring the person that contravened
the by-law, or that caused or permitted the contravention of the by-law, to stop
any work related to the contravention.
Page 32 of 67
b. The Order to Comply shall set out reasonable particulars of the contravention
adequate to identify the contravention, the location of the contravention and the
date by which there must be compliance with the Order.
c. Where the Director is satisfied that a contravention of this by-law has occurred,
the Director may issue an Order requiring the person who contravened the bylaw or who caused or permitted the contravention, or the owner or occupier of the
land on which the contravention occurred, to do the work specified in the Order
that is necessary in the opinion of the Director to correct the contravention,
including without limitation the removal or repair of the sign.
d. The Order shall set out the reasonable particulars of the contravention adequate
to identify the contravention, the location of the contravention, and the date by
which there must be compliance with the Order.
e. Notwithstanding any other portion of this by-law, a sign on or over municipal
property may be removed without notice by the municipality where it may
interfere with municipal or public utility services.
f. The Order may provide that if the person named in the Order fails to comply with
the Order by a date specified in the Order, that the City shall have the right to
enter upon the land affected by the Order at any time, and to complete the work
specified in the Order at the expense of the person named in the Order.
7.2
An Order to Comply issued under this by-law may be served personally by an
Officer, may be posted in a conspicuous place on the property where the
contravention occurred, or may be sent by registered mail to the person
contravening this By-law.
7.3
Where an Order issued under this by-law is served personally by an Officer, it shall
be deemed to have been served on the date of delivery to the person(s) named.
7.4
Where an Order issued under this by-law is sent by registered mail, it shall be sent
to the last known address of:
a. The Applicant;
b. The Owner; or,
c. The person or company retained to do any work on the sign on the land.
7.5
Where service of an Order is made by registered mail, service shall be deemed to
have been served on the fifth day after the Order is mailed.
7.6
Where a person fails to comply with an Order issued pursuant to this by-law and
the City enters on the lands and completes the work, the City shall be entitled to
recover its costs to complete the work from the person named in the Order by
action or by adding the costs to the tax roll and collecting them in the same manner
as property taxes.
Page 33 of 67
a. The costs include interest calculated at a rate of 15 percent, calculated for
the period commencing on the day the City incurs the costs and ending on
the day the costs, including interest, are paid in full.
b. The amount of costs, including interest, constitutes a lien on the land upon
the registration in the land registry office of a notice of lien.
c. The lien shall be in respect of all costs that are payable at the time the
notice is registered plus interest accrued at the rate of 15 percent to the
date the payment is made in full.
7.7
The Director may, by issuing an Order, require any person who:
a. Having obtained a permit has caused a sign to be erected, displayed,
altered or repaired contrary to the approved plans in respect of which the
permit was issued, to make such sign comply within the time prescribed in
the Order;
b. Has erected, displayed, altered or repaired a sign contrary to the provisions
of this by-law, the Ontario Building Code or any other applicable law, to
make such sign comply within the time prescribed in the notice;
c. Has caused or allowed a sign to become abandoned, dilapidated or, in the
opinion of the Building and Licensing Department, a hazard to public safety,
to correct the situation to the satisfaction of the Building and Licensing
Department in the manner and within the time prescribed in the notice;
d. Has failed to comply with any general provision set out in this by-law, or any
specific provision listed in any schedule of this by-law for the type of sign
specified, to correct the failing to the satisfaction of the Director within the
time prescribed in the notice; or
e. If at any time the Director determines that the sign or the location of the sign
does not conform to the requirements of this by-law, the Director may
suspend or revoke the permit.
7.8
Order to Remove
7.8.1The Director may, upon written notice to the owner of a sign and the person in
possession of the premises upon which a sign is located, order the sign
removed:
a. If the permit has been revoked;
b. If the person to whom a notice was given in accordance with this by-law
has failed or refused to comply with such notice; or
Page 34 of 67
c. Where a sign was erected without a permit where one is required by this
by-law.
7.9
Sign to be Removed
a. Upon the failure or refusal of the person to whom any order was given in
accordance with this by-law to remove a sign, the Building and Licensing
Department may remove or cause to be removed the sign at the expense of the
owner of the sign.
b. Notwithstanding any other portion of this by-law, a sign on or over municipal
property may be removed without notice by the municipality where it may
interfere with municipal or public utility services.
7.10
Notices
a. Notice or Order required to be served may be served personally or by
registered mail sent to the last known address of the person to whom the
Building and Licensing Department believes is contravening this by-law.
b. Any such notice shall be effective as of the date on which it was personally
hand delivered or 5 days after the date the registered mail is posted.
8. OFFENCE AND PENALTY PROVISIONS
8.1
Anyone who contravenes the by-law is guilty of an offence and, upon conviction, is
subject to a fine as provided in the Provincial Offences Act.
8.2
Upon a conviction being entered, the Court in which the conviction was entered
and any Court of competent jurisdiction thereafter may, in addition to any other
remedy and to any penalty imposed in this by-law, make an Order prohibiting the
continuation or repetition of the offence by the person convicted and or for the
removal of any and all signs.
8.3
On receipt of an application for a sign permit, or for any renewal of a sign permit,
an Officer of the Building and Licensing Department may at any reasonable time
enter upon the piece of land where the sign is located, or to be located, to make an
inspection to ensure that all the provisions of this by-law have been satisfied.
8.4
No person shall hinder or obstruct, or attempt to hinder or obstruct, an Officer of
the Building and Licensing Department, or other authorized employee or agent of
the City in the exercise of a power or the performance of a duty under this by-law,
from inspecting any piece of land. Withholding, destroying, concealing or refusing
to furnish any information or thing required by the Building and Licensing
Department from conducting the inspection shall be deemed to be hindering and
anyone so doing may be found guilty of an offence.
Page 35 of 67
9. VALIDITY
9.1
If a court of competent jurisdiction declares any provision, or any part of a provision
of this by-law to be invalid, or to be of no force and effect, it is the intention of
Council in enacting this by-law that each and every provision of this by-law
authorized by law be applied and enforced in accordance with its terms to the
extent possible according to law.
10.
COMMENCEMENT:
This by-law shall come into force and take effect on the date of its passing.
********************************************
Page 36 of 67
SCHEDULE "A-1" - SIGN BY-LAW NO. 2009-140
PERMIT FEES
Sign Type
Fee
PERMANENT SIGN FEES
Billboard Signs
Ground Signs
Projecting Double Faced Building Signs
Revolving Signs
Roof Signs
Readograph
Wall Signs
As per Fees and Charges ByLaw
No. 2005-10
TEMPORARY SIGN FEES
Boulevard Signs
Portable Signs
Projected Display Signs
Sandwich Board Signs (Calendar year fee)
Page 37 of 67
As per Fees and Charges ByLaw
No. 2005-10
SCHEDULE "B-1" - SIGN BY-LAW NO. 2009-140
BILLBOARD SIGNS
1. Billboard signs may be erected on private property except in areas zoned as residential,
provided the following conditions are complied with:
a.
Maximum Sq. Ft. Minimum Lot Frontage
per Sign
per Sign
23.2m² (200 ft.²)
46.5m² (500 ft.²)
65.0m² (700 ft.²)
30.5m (100 ft.)
304.8m (1000 ft.)
610m (2000 ft.)
2. No billboard sign shall be closer to the street line than:
a. 3 metres (10 feet) for signs of 18.58 square metres (200 square feet) or less or
b. 9.1 metres (30 feet) in the case of a sign with a sign area greater than 18.58
square metres (200 square feet) and less than 37.16 square metres (400
square feet); or
c. 15.2 metres (100 feet) in the case of a sign with a sign area greater than 37.16
square metres (400 square feet).
3. No more than three signs facing in any one direction shall be permitted on any one
property.
4. A billboard sign allowed to be a maximum of 200 sq. feet is permitted to have a double
sided sign with a total sign area of no more than 400 square feet.
5. Billboard signs shall not be located less than 100 metres (328 feet) from another billboard
sign.
6. No billboard sign shall exceed 15.2 metres (50 feet) in height, measured from the ground
level.
7. No billboard shall be located so that the rear part of the sign is or will be exposed to any
street when it is not a double sided sign.
8. Billboard signs mounted on rooftops shall comply with regulations for Roof Signs.
9. No billboard sign shall have a sign area greater than 65.03 square metres (700 square
feet).
10. A billboard sign constructed as a ground type sign is to be allowed only based on the
allowable ground signage as per Schedule “G-1” 5.
Page 38 of 67
11. No billboard sign shall be located within a radius of less than 304.8 metres (1000 feet)
from another off-premise sign, with no more than one off-premise sign per property.
12. No billboard sign or any part of its sign structure shall be more than 7.6 metres (25 feet)
above the centre line of the abutting street.
13. Billboard signs shall only be permitted in industrial, agricultural, rural, development and
commercial zones as defined by the City Zoning By-laws.
14. In the case of two sided billboard signs where permitted with an area up to 18.58 square
metres (200 sq. ft.), each side of the sign is permitted to be a maximum of 18.58 square
meters (200 sq. ft.).
Page 39 of 67
SCHEDULE "B-2"- SIGN BY-LAW NO. 2009-140
BOULEVARD SIGNS
1. A maximum of one boulevard sign may be erected or displayed on a boulevard between
intersections.
2. No part of a boulevard sign shall be less than 2.4 metres (8 feet) from the paved or gravel
surface of a street.
3. Area of a boulevard sign shall not exceed 0.74 square metres (8 square feet).
4. Height of a boulevard sign shall not exceed 1 metre (42 inches) in height from the ground.
5. No boulevard sign shall be illuminated.
6. The display or erection of a boulevard sign shall be limited to a maximum of 7
consecutive days per permit.
7. No boulevard signs will be permitted within a 9.1 metre (30 foot) radius of the point of
intersecting street lines.
8. Boulevard signs shall only be permitted in commercial, industrial, agricultural/rural, open
space, development or institutional type zones as defined by the City Zoning By-laws.
9. No boulevard sign shall be placed in such a way as to impede pedestrian traffic.
Page 40 of 67
Page 41 of 67
SCHEDULE "C-1” -SIGN BY-LAW NO. 2009-140
CONSTRUCTION SIGNS
1. Maximum size for construction signs shall be 18.58 square metres (200 square feet).
2. Construction signs are exempt from permit requirements provided that:
a. All construction signs are to be erected on the lot upon which the construction
is occurring.
b. Within six (6) months of substantial completion of the building, to the
satisfaction of the Building and Licensing Department, construction signs are to
be removed.
3. In the case where no construction has taken place within one year of erection, the sign
shall be removed.
4. Construction signs may be erected at the main entrance to a subdivision or construction
site to identify the contractors who are working within the subdivision, provided;
a. They are all erected on the same sign structure;
b. The sign structure shall have no more than two sides upon which signs may be
displayed and the two sides shall be parallel or V shaped.
5. Where erected at the entrance to the subdivision or construction site, no other
construction sign in respect of the same contractor shall be permitted elsewhere within
the construction site, other than to identify construction trailers where trailers are
permitted, and on individual lots in subdivisions.
6. Construction signs shall be permitted in all zones as defined by the City Zoning By-Laws.
Page 42 of 67
SCHEDULE "G-1" - SIGN BY-LAW NO. 2009-140
GROUND SIGNS
1. No part of a ground sign or the sign structure shall be less than 3 metres (10 feet) from
any street line.
2. No ground sign shall have a side with an area of more than 30 square centimetres (1
square foot) for each linear 30 centimeter (1 foot) of frontage on a street, to a maximum of
13.97 square metres (150 square feet). A second sign will be permitted for frontage in
excess of 91.4 metres (300 feet), and shall be limited to a maximum area per side of 30
square centimetres (1 square foot) for each lineal 30 centimetres (1 foot) of frontage in
excess of the first 91.4 metres (300 feet), to a maximum area of 13.9 square metres (150
square feet) per side.
3. No ground sign shall have a combined area for all sides of more than 27.87 square
metres (300 square feet).
4. No part of a ground sign or the sign structure shall be higher than 10.67 metres (35 feet)
in
height.
5. A maximum of 1 ground sign may be erected or displayed for a property having frontage
on a street of 91.4 metres (300 feet) or less, but a second ground sign is permitted for a
property having frontage greater than 91.4 metres (300 feet). A second street frontage
shall be allowed equal sign area.
6. Supports for ground signs shall be located only on private property and shall be set in
concrete footings of sufficient size and weight and design to prevent overturning the sign.
7. In addition to the maximum area provisions an additional area of 5 square metres (54 sq.
ft) may be added to each sign to be used as a readograph only.
8. On corner lots, only one ground sign may be erected in the triangular space formed by
the street property lines for a distance of 15.2 metres (50 feet) from their point of
intersection. These signs must have a clear space below exclusive of supports of no less
than 4.25 metres (14 feet).
9. Signs may be illuminated but shall not be of the flasher type and shall be subject to the
provisions of this by-law.
10. Ground signs shall only be permitted in commercial, industrial, agricultural/rural,
development, open space or institutional type zones as defined by the City Zoning ByLaws.
11. A roof sign is permitted instead but not in addition to one ground sign.
Page 43 of 67
SCHEDULE "P-1" - SIGN BY-LAW NO. 2009-140
PORTABLE SIGNS
1.
No side of a portable sign shall have an area of greater than 5.57 square metres (60
square feet).
2.
No portable sign shall have any flashing or moving lights.
3.
Portable signs will be placed only on commercial, industrial or agricultural properties as
defined by the applicable Zoning By-Law and must comply with the regulations regarding
off-premise signs in this by-law.
4.
Portable signs will only be allowed in residentially zoned areas for advertising purposes
for churches, schools or institutions. Portable signs will only be permitted on the property
of the church, school or institution.
5.
The height of any portable sign shall not exceed 2.7 metres (9 feet) from the ground level.
6.
No more than one portable sign will be permitted per business location at any given time.
7.
No property having less than 91.4 metres (300 feet) of frontage on a street shall erect or
display more than one portable sign on the property.
8.
No property having 91.4 metres (300 feet) or more of frontage, but less than 182.8 metres
(600 feet) of frontage on a street shall erect or display more than 2 portable signs on the
property.
9.
No property with more than 182.8 metres (600 feet) of frontage on a street shall erect or
display more than 3 portable signs on the property.
10.
There will be a minimum separation of 60.9 metres (200 feet) between any sign on the
same frontage of one property.
11.
Two portable signs cannot be less than 30.4 metres (100 feet) apart between separate
properties.
12.
No property with more than one street frontage each exceeding 182.9 metres (600 feet)
may display or erect more than 4 portable signs on the property.
13.
The duration of a permit for a portable sign shall be no less than 30 days. Permits will be
issued for a maximum period of 90 days at which time they will be subject to renewal.
14.
No portable sign may be erected in a required parking space in accordance with the
applicable zoning regulations.
Page 44 of 67
15.
No part of a portable sign shall be less than 0.3 m (1 foot) from the street line and in no
case can such a sign be placed within a required parking space. No sign shall be
located closer than 3 m (10 feet) from any publically owned roadway or sidewalk.
16.
Portable signs shall only be permitted in commercial, industrial, agricultural/rural,
Page 45 of 67
PROJECTING SIGNS
1. A maximum of one projecting sign may be erected or displayed on the side of premises
fronting on a highway or public thoroughfare and, in the case of premises with sides
fronting on more than one street or public thoroughfare, a maximum of one projecting sign
may be erected on each such side.
2. No projecting sign shall be erected or displayed if a ground sign has been erected or
displayed in respect to the same side of the premises.
3. No projecting sign or any part of the sign structure shall rise above or be visible above
either the parapet, roof, building face or wall.
4. Projecting signs may project out from the face of the building up to 76 centimeters (30
inches) over public property.
5. Notwithstanding the provisions of the foregoing subsections hereof, a permit for any sign
or advertising device which projects or is located, in whole or in part, over or on property
of the City, and such sign is permitted by the City and complies with this by-law, shall be
subject to an encroachment permit through the Engineering Division and shall become
null and void on the 31st day of December of each year, and shall be subject to annual
renewal.
6. Signs having a surface area of 1.8 square metres (19.37 square feet) or less, and
projecting not more than 45.7 centimetres (18 inches) from the building or other support
to which it is attached, the lowest part of such sign shall not be less than 2.4 metres (8
feet) above the level of the sidewalk.
7. Mast arm type projecting signs are subject to the following regulations:
a. No mast arm sign shall project more than 76.2 centimetres (30 inches) inclusive
of hardware and brackets, over public property.
b. Sign background shall not exceed 0.3 square metres (3 square feet) in area on
any one building. The total area of all mast arm signs shall not exceed 0.3
square metres (3 square feet) for all businesses within the building.
c. The support pole or mast shall be of wrought iron or wrought aluminum
construction and shall have a sway chain.
d. The sign face shall be of metal or wooden construction only and may be
illuminated with exterior lighting.
8. Projecting signs shall only be permitted in commercial, industrial, agricultural/rural,
Page 46 of 67
PROJECTED DISPLAY SIGNS
1. A maximum of one projected display sign will be allowed to be projected from any
property.
2. A maximum of one projected display sign will be allowed to be projected onto any
property.
3. Projected display signs shall only be permitted in commercial, development,
institutional or industrial type zones as defined by the City Zoning By-Laws.
Page 47 of 67
SCHEDULE "R-1" - SIGN BY-LAW NO. 2009-140
REAL ESTATE SIGNS
1. Real Estate Point of Sale, Lease or Rental signs on privately owned property shall be
permitted in all parts of the City, without permit or fee, subject to the following regulations:
2. No sign shall be erected on any premises unless such sign is erected by:
a. the owner of the premises or their authorized agent/contractor;
b. an occupant of the premises with the owner's permission to do so;
c. a registered real estate broker and/or auctioneer in contractual agreement with
the owner or with an occupant authorized by the owner to enter into such
agreement;
d. provided such signs are removed not more than 21 days after the closing date
of the sale or lease;
e. the area of any one sign does not exceed 1.85 square metres (20 square feet);
f. provided that open house signs do not interfere with the safe operation of
vehicular or pedestrian traffic;
g. not more than 2 open house signs shall be erected per dwelling:
3. Real Estate signs shall be permitted in all zones as defined by the City Zoning By-Laws.
Page 48 of 67
SCHEDULE "R-2" - SIGN BY-LAW NO. 2009-140
REVOLVING SIGNS
1. No sign shall revolve more than 8 rpm.
2. Revolving signs shall only be permitted in commercial or industrial type zones as defined
by the City Zoning By-Laws.
Page 49 of 67
SCHEDULE "R-3” - SIGN BY-LAW NO. 2009-140
ROOF SIGNS
1. Height of a roof sign shall not exceed a maximum of 6.1 metres (20 feet) above the roof
to which it is mounted.
2. Roof signs will not be permitted to contravene the height regulations set out in the Zoning
By-Law.
3. Area of a roof sign shall not exceed a maximum of 18.58 square metres (200 square
feet). When the sign is two sided, the maximum area of each face of the sign shall not
exceed 18.58 square metres (200 square feet) per side. In the case of a roof sign with
two sides, (V-shaped sign) the angle between each sign face shall not exceed 60
degrees.
4. Off-premise roof signs shall not be located less than 100 metres (328 feet) radius from
another off-premise roof sign on the same side of the street.
5. Roof signs shall be limited to one (1) sign per building.
6. The supporting members of a roof sign shall appear to be free of any extra bracing, angle
iron, guy wires, cables, etc. The supports shall appear to be an architectural and integral
part of the building. Supporting columns of round, square, or shaped steel members may
be erected if required bracing, visible to the public, is minimized or covered.
7. Roof signs shall only be permitted in commercial, industrial or institutional type zones as
defined by the City Zoning By-Laws.
8. A roof sign is only allowed in lieu but not in addition to a ground sign as permitted in
Schedule “G-1”.
9. Roof signs are prohibited in all heritage designated areas and on all heritage properties.
Page 50 of 67
SCHEDULE "S-1" - SIGN BY-LAW NO. 2009-140
SANDWICH BOARD SIGNS commonly referred to as an “A-FRAME SIGN”
1. A maximum of one sandwich board sign is permitted for any one business location or
use.
2. The following dimensions shall apply for sandwich board signs:
a. Maximum Height - 92.0 centimetres (36.2 inches). For the purposes of this
Section only, "height" is defined as the distance between the top of the sign and
the surface on which the sign is located when the sign faces are extended.
b. Maximum Width - 61.0 centimetres (24 inches). For the purposes of this
Section only, "width" is defined as the horizontal distance across the
background area of the sign.
c. Maximum Length - 61.0 centimetres (24 inches). For the purposes of this
Section only, "length" is defined as the distance measured at the surface on
which the sign is located between the two sign faces when fully extended.
3. Sandwich board signs shall be located in such a manner so as to provide clear and free
pedestrian movement at all times.
4. Sandwich board signs shall be located on the same lot as the business or use to which
the sign is accessory. Where it is impossible to locate the sign entirely on the same lot as
the business or use, the sign may be placed on the City sidewalk which abuts the lot
where the business is located provided that:
a.
5.
The sign is placed as close as possible to the curb of the roadway where the
business is located; and
b.
A minimum unobstructed sidewalk width of 1.5 metres can be maintained.
c.
Sandwich board signs shall be removed at the close of business hours.
All applications for sandwich board signs shall be made annually, and the fee shall
remain as stated in By-Law 2005-10, “A By-Law to Establish Fees and Charges to be
Collected by the Corporation of the City of Kingston”, as amended.
6. No part of any sandwich board sign shall be attached to any tree, post, pole or support
that is located on a sidewalk or on any other part of a highway.
7.
Sandwich board signs shall only be permitted in commercial zones as defined by the
City’s Zoning By-Laws.
Page 51 of 67
SCHEDULE "S-2" - SIGN BY-LAW NO. 2009-140
SEARCHLIGHT SIGNS AND BALLOON SIGNS
1.
In addition to any other portion of this By-Law the following restrictions shall apply to
searchlight signs and balloon signs, blimps or models erected or displayed more than
once per year per property.
a. No searchlight sign shall be erected for a period exceeding fourteen days.
b. No balloon sign shall be erected for more than fourteen days in any calendar
year.
c.
d.
No searchlights shall be directed toward any residence.
Balloon signs shall only be permitted in commercial, industrial,
agricultural/rural, open space or institutional type zones as defined by the City
Zoning By-Laws.
e. Searchlight signs shall only be permitted in commercial, development, industrial
or institutional type zones as defined by the City Zoning By-Laws.
Page 52 of 67
SCHEDULE "W-1" - SIGN BY-LAW NO. 2009-140
WALL SIGNS
1. A wall sign includes an awning or canopy.
2. A maximum of one wall sign may be erected or displayed on the side of premises fronting
on a street or public thoroughfare. In the case of premises with sides fronting on more
than one street or public thoroughfare, a maximum of one wall sign may be erected on
each such side.
3. The maximum area of a wall sign shall not exceed the lesser of either twenty percent
(20%) of the total area of the wall to which it is attached, or 27.8 square metres (300)
square feet.
4. A wall sign shall be attached to a wall at a height of not less than 2.1 metres (7 feet)
above the grade line or not less than 4.78 metres (15 feet, 6 inches) above the grade line
of any alley and shall be in accordance with the Ontario Building Code.
5. A wall sign on the wall beneath the canopy or awning shall have a minimum clearance
above the walk of 2.7 metres (9 feet).
6. Where a business has a main entrance on more than one elevation of the building, such
secondary frontage may contain a wall sign of the same limitations as prescribed for the
primary frontage.
7. Where a business has a secondary frontage but does not have a main entrance to the
secondary frontage, such frontage may contain a wall sign not to exceed 20% of the
secondary frontage.
8. Where wall signs are located on the top storey of a building in excess of six (6) storeys,
the total aggregate area of all wall signs shall not exceed 10% of the area of the wall to
which the signs are attached in the storey in which the signs are located.
9. Wall signs shall not project beyond the wall or extend above the parapet to which they are
attached.
.
10. Canopies, awnings, any part thereof, their supports or any attachments to them shall not
project over the sidewalk less than 2.4 metres (8 feet) above the sidewalk level including
any advertising that is suspended from any awning or canopy.
11. No sign attached to or on an awning or canopy shall project beyond a point 45.7
centimetres (18 inches) inside the curb line of the street.
12. Awning and canopy supports shall not be permitted on public property and may not be
located any closer than 1 metre (3.3 feet) from the inner edge of a sidewalk, or where
there is no sidewalk, 2 metres (6.5 feet) from the back edge of the curb.
Page 53 of 67
13. Wall signs shall only be permitted in commercial, industrial, agricultural/rural, open space
or institutional type zones as defined by the City Zoning By-Laws.
Page 54 of 67
SCHEDULE "Z-1" - SIGN BY-LAW NO. 2009-140
SPECIAL REGULATION AREA – BUSINESS IMPROVEMENT AREA
1. Notwithstanding any of the provisions of this By-law, the following regulations shall govern
signs in the downtown Business Improvement Area, and the Business Improvement Area
or B.I.A. as defined by By-law No. 87-315, “A By-Law to Designate an Extended
Improvement Area in the City of Kingston.”
2. No person shall erect or cause to be erected or maintained a roof sign or billboard sign
within the boundaries of the B.I.A.
3. Signs placed on, attached to or constructed in a marquee shall be limited to one for each
business entrance located on the property.
4. Signs forming part of the marquee and projecting over a public sidewalk shall not be
installed at a height of less than 2.7 metres (9 feet) above grade or closer than 45.7
centimetres (18 inches) from the curb edge.
5. Portable signs shall not be permitted in the B.I.A.
6. The copy area allocated to secondary products on multiple message signs shall occupy
not more than one-third of the copy area. This restriction, shall not apply to changeable
readographs. Principal identification signs are not subject to any limitation of copy area to
background.
7. Each business shall be allowed free-standing sign if such signs are designed to be
viewed from different directions.
a. The total background area of each sign shall not exceed 0.4 square metre per
lineal metre (4 square feet per lineal foot) of property frontage which the
business occupies, or a maximum of 74.3 square metres (800 square feet)
whether on an individual sign or on a sign identifying more than one business
concern.
8. In no case shall the height of a free-standing sign exceed a height equal to 0.5 metre to
each metre (1-1/2 feet to each foot) of setback;
a. The said measurements shall be computed from the centre line of the street
upon which the sign is located and measured to the column or columns nearest
the street front.
b. The height shall be measured vertically from the average grade nearest the
supporting columns to the highest point of said sign.
9. There may be a maximum of one ground sign for each property, with the background
area of sign not to exceed 0.3 square metres per lineal metre (3 square feet per lineal
Page 55 of 67
foot) of property frontage. These ground signs may project to within 45.7 centimetres (18
inches) of the curb line and the supports shall be located only on private property. Each
additional street frontage shall be allowed one additional sign.
10. Sandwich Board Signs: Sandwich board signs shall be located, where possible, on the
extended portion of the sidewalks (where these have been installed). Should placing of a
sign on the extended portion not be possible, the sign in question may be located
otherwise in accordance with the provisions of Schedule “S-1”, Section 3.
11. Wall Signs: There may be one wall sign grouping for each business located on the
property, per street frontage with background area of sign not to exceed 15% of the wall
it is attached to. Wall signs are permitted on each side of a building that faces a street or
public thoroughfare.
12. Where a business has a main entrance on more than one elevation of the building, such
secondary frontage may contain a wall sign of the same limitations as prescribed for the
primary frontage.
13. Where a business has a secondary frontage but does not have a main entrance to the
secondary frontage, such frontage may contain a wall sign not to exceed 15% of the
secondary frontage.
14. Where wall signs are located on the top storey of a building in excess of 6 storeys, the
total aggregate area of all wall signs shall not exceed 10% of the area of the facade to
which the signs are attached in the storey in which the signs are located.
15. Wall signs shall not project beyond the building facade or extend above the parapet to
which they are attached.
16. Notwithstanding the provisions of Section 15 hereof, identification signs or logo signs
attached to stairwells or elevator/mechanical room penthouses shall be permitted,
provided such signs do not project beyond the walls of the stairwell or penthouse and do
not exceed 35% of the area of the wall to which they are attached.
Page 56 of 67
SCHEDULE "Z-2" - SIGN BY-LAW NO. 2009-140
MAP OF BUSINESS IMPROVEMENT AREA
*********************************************************************
Page 57 of 67
APPENDIX C
Certificate of Insurance
This is to certify that the insured named below is insured as described below.
PROJECT/CONTRACT/LEASE/AGREEMENT/PERMIT/TENDER to which this certificate applies –
MUST BE SPECIFIED RFP F31-CSG-RLS-02 Sponsorship and Naming Rights for the Four Ice
Pads, Community Rinks, Invista Centre
NOTE: ORIGINAL CERTIFICATES SIGNED BY YOUR INSURER OR INSURANCE BROKER ONLY WILL BE ACCEPTED
Name of Insured
Telephone Number
(
)City
Street Name (of Insured)
Type of Insurance
Insurer’s Name
Policy Number
Commercial general
liability
umbrella
excess
other:
Motor vehicle
liability
Effective Date
YR
MO DAY
Postal Code
Expiry Date
YR
MO DAY
Limits of Liability
Motor Vehicle Liability – as per list of vehicles on file with insurer
Commercial General Liability – Occurrence Basis, Including Personal Injury, Property Damage Broad Form Property Damage, Contractual Liability, NonOwned Automobile Liability, Owner’s and Contractor’s Protective Coverage, Products – Completed Operations, Contingent Employers Liability, Cross
Liability Clause and Severability of Interest Clause.
Tenants Legal Liability
No OR
Yes... (limit)
Liquor Liability
AMOUNT OF DEDUCTIBLE (property damage and/or bodily injury)
No OR
Yes
$
THE CORPORATION OF THE CITY OF KINGSTON, Kingston-Frontenac Library Board, the Kingston Police Services Board, Kingston Hydro
Corporation., 1425445 Ontario Ltd. (Utilities Kingston) and 1425447 Ontario Ltd. have been added as ADDITIONAL INSUREDS (not as additional
named insured), but only with respect to their interest in the operations of the Named Insured and in respect to commercial general liability and
umbrella/excess.
This is to certify that the Policies of Insurance as described above have been issued by the undersigned to the Insured named above and are in force at
this time. The insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.
If cancelled or changed in any manner that would affect the City of Kingston as outlined in coverage specified herein for any reason so as to affect this
certificate, thirty (30) days prior written notice by registered mail or facsimile transmission will be given by the insurer(s) to:
Attn: Marjorie Robinson
216 Ontario Street
Kingston, ON K7L 2Z3 FAX: (613) 546-6156
Date
YR.
MO.
DAY
Name of Insurance Company or Broker (completing form)
Street Name (Insurer or Insurance Broker)
City
Postal Code
Name of Authorized Representative or Official (please print)
Telephone Number
(
)-
Fax Number
(
)-
Signature of Authorized Representative or Official
Page 58 of 67
Appendix D –
PHOTOS OF THE INVISTA SITE
Page 59 of 67
Appendix D – Pictures of ice pads and interior signs
Page 60 of 67
Page 61 of 67
Page 62 of 67
Page 63 of 67
Appendix E – Ice Pad Designs
(See attached, PDF of ice surfaces)
Page 64 of 67
Appendix H – Meeting Rooms
DETAILS: INVISTA CENTRE MEETING ROOMS
Location:
1350 Gardiner's Road
Contact:
Rental Inquiries: 613-546-4291 ext. 1800
Hours:
Monday-Sunday: 6:30 a.m. - 10:30 p.m.
Meeting Room A
Size:
Accommodates approximately 75-98 people
Note:
Lower level - view of Ambassador Rink
Meeting Room B
Size:
Accommodates approximately 75-98 people
Note:
Meeting Room A&B
Size:
Accommodates approximately 150-196 people.
Note:
Meeting Room C (RONA Hall)
Size:
Accommodates approximately 100 people.
Note:
Lower level - adjacent to RONA Rink. RONA Rink & RONA Room Recommended
for skating parties.
Page 65 of 67
Appendix G – Ice Pad User Statistics and Information
Corporate
Size Dressing Seating Referee
Sponsor
Ambassador
room
roo
s
ms
NHL
6
750
Hotel Rink
1
(Seats)
Home Rink To
Kingston KIMCO
Voyageurs &
Greater Kingston
Junior Frontenacs
Whig-Standard
NHL
6
Rink
300
1
(Bench)
Kingston Area Minor
Hockey
Association
Swish
NHL
6
Maintenance
300
1 Greater Kingston Girls
(Bench)
Hockey
Rink
RONA Rink
Association
NHL
6
300
1
Skate Kingston
(Bench)
The INVISTA Centre is home to:
Kingston KIMCO Voyageurs
Greater Kingston Junior Frontenacs
Kingston Area Minor Hockey Association
Greater Kingston Girls Hockey Association
Skate Kingston
Kingston Lacrosse Association
Kingston Ringette
Page 66 of 67
Appendix H – User Statistics for the INVISTA Centre
INVISTA Centre Usage April 1, 2011- March 31, 2012
SUBTOTAL of Hours
booked
NUMBER OF HOURS
CATEGORY
Youth
Adult
Floor
RONA Hall
A& B
Meeting
room D
Board Room
Fitness
Studio
Fitness
Centre
Green
Space
Ambassador RONA Whig Swish
People per
hour
Estimated pe
INVISTA C
2541
1021.5
2836
1097
2488
981
2420
777.5
10285
3877
50
34
514250
131818
27
6
0
20
53
1081
2087.5
50
25
20
2650
27025
41750
1682
25
42050
371
10
3710
1035
20
20700
31824
1
31824
22
50
1100
TOTAL
Page 67 of 67
816877
C
ON
JR.
S
GREA
R
S
JR.
TENA
R KING
TE
ON
ST
ON
F
F
R
R KING
TE
ON
ST
GREA
Jet Ice Hockey Layout
TENA
C
1091 Kerrisdale Blvd., Newmarket, ON Canada L3Y 8W1
905.853.4204 | 1.800.585.1079
www.jetice.com
Celebrating 30 Years
905.853.4204 | 1.800.585.1079
www.jetice.com
905.853.4204 | 1.800.585.1079
www.jetice.com
G S TO N
905.853.4204 | 1.800.585.1079
www.jetice.com

City of Kingston - RFP F31-CSG-RLS-2013-02

Transcription

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