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HomeMy WebLinkAboutBy-law 4802/96 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO, 4802/96 Being a by-law to authorize the execution of an Agreement with Toronto Area Transit Operating Authority for Go Fare Integration from May 1, 1996. WHEREAS pursuant to Section 210.104 of the Municipal Act, R.S.O. 1990 c. M45, the Council of the Corporation of the Town of Pickering may enact by-laws, inter alia, for operating a public bus transportation system within the municipality; NOW THEREFORE, The Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute an Agreement, substantially in accordance with the form attached hereto as Schedule A, between The Corporation of the Town of Pickering and Toronto Transit Operating Authority for the purpose of providing for Go Fare Integration from May 1, 1996. BY-LAW read a first, second and third time and finally passed this 17th day of June, 1996~ ~urice P~renner, ~cting ~ayor ~- l~ruce Taylor, Clerk TOWN OF' PlC :< ERIP,,IG File: BI 101 SCHEDUI~ A THIS FARE INTEGRATION AGREEMENT made in duplicate this day of ,1996. BETWEEN: TORONTO AREA TRANSIT OPERATING AUTHORITY A Corporation incorporated by an Act of the Province of Ontario and having its Head Office at 20 Bay Street, Suite 600, Toronto, Ontario, (hereinafter referred to aa "GO Transit") OF THE FIRST PART, - and - (hereinafter referred to as the "Municipality") OF THE SECOND PART. WHEREAS since it is in the public interest to provide integrated transit fares where a connection exists between a municipal transit service and GO Transit service, and the Parties hereto wish to provide integrated transit fares for the Municipality's transit service and the GO Transit service; NOW THEREFORE in consideration of the premises, covenants and agreements contained herein, the parties hereto agree as follows: 1 DEFINITIONS In this Agreement, unless the context requires a different meaning, the word or words: 1.1 "GO Transit" shall mean the Toronto Area Transit Operating Authority or any successor corporation or entity succeeding to the rights and powers now granted to the Toronto Area Transit Operating Authority pursuant to the Toronto Area Transit Operating Authority Act, R.S.O. 1990, C.T-13 as amended; 1.2 "GO Transit Service" shall mean the commuter transit system operated for or by GO Transit; 1.3 "Municipality" shall mean the and its successors and permitted assigns; 1.4 "Municipal Transit Service" shall mean the local transit system operated for or by the Municipality; 1.5 "Regular Adult Fare" shall mean the lesser of the Municipality's existing adult cash fare or adult ticket fare, if any, charged for carriage upon the Municipal Transit Service or any new fare thereafter established by the Municipality subsequent to the date of this Agreement; 1.6 "Ticket" shall mean a GO Transit ticket or pass sold by GO Transit; and 1.7 "Transfer" shall mean a GO Transit transfer provided by GO Transit in the form shown in Schedule "A" hereto. 2 TERM 2.1 This Agreement shall commence on the first day of May, 1996, and may be terminated by either party upon 90 days written notice to the other party. 3 THE MUNICIPALITY'S OBLIGATIONS The Municipality shall: 3.1 accept for transportation on its Municipal Transit Service any passenger displaying a valid GO Transit Ticket or Transfer; 3.2 use its best efforts to prevent fraud and maintain the integrity of the GO Transit ticketing system; 3.3 co-operate with GO Transit or its agents or representatives in the investigation of ticketing frauds or irregularities; 3.4 distribute to its employees such forms and instructions as are necessary for the efficient operation of the fare integration programme; and 3.5 notify GO Transit in writing at least two (2) weeks in advance of any modification of any fares or fare related media relevant to this Agreement. 4 GO TRANSIT'S OBLIGATIONS GO Transit shall: 4.1 supply and sell all Tickets and issue any Transfers required for transportation provided under this Agreement; and 4.2 pay the Municipality a sum based on the total passenger carryings as determined from passenger counts provided by the Municipality and as outlined in paragraph 5.1 of this Agreement. PAYMENT $. 1 GO Transit shall pay the Municipality a sum based on the total GO Transit passenger carryings on the Municipal Transit System as determined from i~om~ation provided by the Municipality's transit bus drivers on a daily basis. Payment shall be made on a monthly basis and shall be based on the total GO Transit passengers carried on the Municipal Transit System for that month multiplied by a percentage of the Municipality's Regular Adult Fare, as designated in Schedule "C" hereto. The Municipality agrees to retain all records of the above for a minimum period of three months, following the month for which payment is to be made. 5.2 The Municipality shall be entitled to directly charge passengers for a portion of the Regular Adult Fare for the Municipal Transit Service, provided however, that GO Transit may then be entitled to reduce its payments to the Municipality, as designated in Schedule "C" hereto. 5.3 The sum to be paid by GO Transit to the Municipality shall only be paid in respect of passenger trips to or from the GO Transit rail stations as designated in Schedule "B~ hereto. 6 ADVERTISING 6.1 Neither party shall be required to share in the cost of advertising of the fare integration program unless the form and nature of the advertising, and cost thereof to each party, are acceptable to and approved in advance by representatives of both the Municipality and GO Transit. 6.2 Nothing in this Article shall prevent either party from advertising or promoting the fare integration programme at its own expense, provided however, that each party reserves the right to approve the content of any advertisement or promotion prior to publication. 7 LIABILITY 7.1 The Municipality's liability in connection with the fare integration programme described herein shall be limited to claims arising out of its operations of the Municipal Transit Service. The Municipality indemnifies and saves harmless GO Transit from and against any and all liability for causes of actions, loss, costs, damages or expenses of every kind and nature whatsoever arising in connection with the operation of the Municipal Transit Service. 7.2 GO Transit's liability in connection with the fare integration programme described herein shall be limited to claims arising out of its operation of GO Transit Service. GO Transit indemnifies and saves harmless the Municipality from and against any and all liability for causes of action, losses, costs, damages or expenses of every kind and nature whatsoever arising in connection with the operation of GO Transit Service. 8 INSURANCE 8.1 During the term of this Agreement, the Municipality shall: 8.1.1 maintain in full force and effect Liability Insurance for Public Liability, Bodily Injury and Property Damage and Passenger HaT-rd on its vehicles on terms and in forms acceptable to GO Transit; 8.1.2 provide for the insurance coverages required pursuant to the terms and provisions of paragraph 10.1.1 hereof, in an amount of not less than SEVEN MILLION DOLLARS ($7,000,000) for any one occurrence or accident or series of occurrences or accidents arising out of one cause; 8.1.3 arrange for the completion and submission of a Certificate of Liability Insurance with respect to the insurance coverages required pursuant to paragraph 8.1.1 hereof, which Certificate shall include a provision requiring the insurer to give prior notice to GO Transit in the manner set forth in the policy conditions in the event that the policy is changed or cancelled; and 8.1.4 lodge with GO Transit the said completed Certificate of Liability Insurance required pursuant to paragraph 8.1.3 hereof, signed by an official of the insurer. 9 FORCE MAJEURE 9.1 Each party shall use its best efforts to provide their respective transit service save and except for interruptions of such service caused by Acts of God, labour disputes or other matters reasonably beyond their control. 10 TERMINATION ON DEFAULT 10.1 Should GO Transit fail to perform its obligations herein with respect to payment to the Municipality or should the Municipality fail to perform any of its obligations herein and such default continues for a period of five (5) days after notice in writing of such default, the party giving such notice may at its election, by further notice in writing to the party in default, terminate this Agreement and such termination shall become effective sixty (60) days after the receipt of such notice by the party in default of the original notice of default. 11 COSTS ARISING OUT OF TERMINATION 11.1 Upon tennination of this Agreement neither party shall be under any obligation to share in any expense or cost incurred by the other party caused by or arising out of such termination. 12 SCI~)UL~_~ 12.1 The attached Schedules "A", "B" and "C" form part of this Agreement and the parties hereto agree that such schedules may be amended, in whole or in part, upon mutual con~ent, 13 SUCCESSORS 13.1 This Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective successors. 14 ASSIGNMENT 14.1 This Agreement shall not be assigned by either party hereto without the prior written consent of the other party hereto, 15 AMENDMENTS 15.1 No changes, amendments or modifications of any of the terms and conditions shall be enforceable unless they are in writing and have been executed by the parties hereto. 16 PROPER LAW 16.1 This Agreement shall be governed and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. 17 NOTICES 17.1 All notices, claims and communications required or permitted to be given hereunder shall be in writing and shall be sufficiently given if personally delivered to a responsible officer of the party hereto to whom it is addressed, mailed by prepaid, registered mail or sent by facsimile transmission to GO Transit at: 20 Bay Street Suite 600 Toronto, Ontario M55 2W3 Fax: (416) 869-3525 Attention: Director, Administration and to the Municipality at: and, if so mailed, shall be deemed to have been received four (4) days following the date of such mailing. 18 NON-WAIVER OF TERMS AND CONDITIONS 18.1 Any failure by either party at any time, or from time to time, to enforce or require the strict keeping and performance of any of the terms and conditions of this Agreement shall not constitute a waiver of any such terms and conditions and shall not affect or impair in any way such terms or conditions or the right of such party to avail itself at any time of such remedies as it may have for any breach or breaches of such terms and conditions. 19 H~ADINGS 19.1 The paragraph headings herein have been inserted for convenience of reference only and do not form part of this Agreement and shall not be referred to in the interpretation thereof. - 7 - IN WITNESS WHEREOF the parties hereto have duly executed this Agreement by the hands of their duly authorized representatives in that behalf as of the day and year first above written. TORONTO AREA TRANSIT OPERATING AUIHORITY per: D.G. Hobbs, Chairman cls per: R.C. Ducharme, Managing Director We have authority to bind the Corporation. per: c/s per: Name: Title: We have authority to bind the Corporation. SCHEDULE "A" FORM OF GO TRANSIT TICKETS SCHEDULE I'B" CONNECI'ING RAIL STATIONS SCHEDULE "C" PAYMENTS BY GO TRANSIT 1. Where the Municipality receives a special fare integration subsidy per passenger from the Ministry of Transportation, GO Transit shall pay the Municipality an amount per passenger equivalent to 25 % of the Regular Adult Fare. 2. Where the Municipality is not entitled to receive a special fare integration subsidy per passenger from the Ministry of Transportation, GO Transit shall pay the Municipality an amount per passenger equivalent to 37.5 % of the Regular Adult Fare. 3. With respect to those Municipalities not entitled to receive a special fare integration subsidy per passenger from the Ministry of Transportation, at the end of each calendar year GO Transit shall request the Ministry to give first priority to dispersing any residual special fare integration funds so that of the additional 37.5% which would be required to provide these Municipalities with subsidies consistent with the other Municipalities currently recieving Ministry subsidy, those Municipalities would receive a further 25% of the Regular Adult Fare, and GO Transit would receive a further 12.5%. It is clearly understood, however, that the Ministry of Transportation, is under no obligation to disperse any residual special fare integration funds in the manner indicated. 4. GO Transit shall be entitled to reduce its payments to the Municipality by any amount that the combined receipts per passenger by the Municipality exceeds 100% of the Regular Adult Fare, taking into account the payments by GO Transit, the direct charge, if any, to the passenger and the special fare integration subsidy per passenger, if any, provided by the Ministry of Transportation. 5. In each January that this Agreement remains in effect, GO Transit shall review its total payments to all Municipalities under the fare integration program during the immediately preceding calendar year, its total available funding for the fare integration program and the amount of reimbursement, if any, received from the Ministry of Transportation. Based on that review and notwithstanding any other provision of this Agreement, GO Transit reserves the absolute right to reduce or limit its payments to the Municipality during the calendar year beginning each January. Should such reduction or limitation be required, GO Transit shall endeavour to provide notification as early as practical in each calendar year. - GO TRANSIT FARE INTEGRATION PROGRAM MODIFIED FUNDING APPROACH EFFECTIVE f MAY f996: 1. GO & MTO compensation to be based on "Adult Ticket Fare". 2. For 11 properties receiving MTO compensation: o GO compensation reduced from 37.5% to 25% 3. For 4 properties NOT receiving MTO compensation: o GO compensation remains at 37.5%, pending potential MTO disbursement of any year-end "residual" funds 4. MTO to continue to compensate original 11 propedies at 37.5%, UP TO their individual previously-advised annual "dollar caps". 5. GO to request MTO to use any "residual" year-end Fare Integration funds FIRST to address 4 "late joiners". 6. Each property may choose their own "co-fare" level (if any), but if applicable GO will reduce its compensation so that the combined receipts- per-passenger do NOT exceed 100% of "Adult Ticket Fare". 7. With the above, GO will endeavour to avoid imposing a "dollar cap" for at least the remainder of calendar 1996. 8. Each January, GO will review the possible need for reduced compensation and/or dollar caps, based on its budget limitations for each fiscal year.