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HomeMy WebLinkAboutBy-law 1596/82THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1596/82 Being a By-Law to authorize the execution of an Agreement between the Corporation of the Town of Pickering and G.D.S. Disposal to provide for the collection, removal and disposal of garbage from 1210 Radom Street, Pickering WHEREAS, pursuant to the provisions of section 210.83 of the Municipal Act, R.S.O. 1980, chapter 302, the council of a local municipality may pass by-laws, inter alia, for contracting for the collection, removal and disposal of garbage upon such terms and conditions as may be con- sidered expedient; and WHEREAS, the Corporation of the Town of Pickering requires the services of G.D.S. Disposal for the purpose of the collection, removal and dis- posal of garbage from the premises known as 1210 Radom Street, Pickering, from January 1st, 1983 to December 31st, 1983, inclusive; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute an Agreement, in the form attached hereto as Schedule "A", between the Corpora- tion of the Town of Pickering and G.D.S. Disposal to provide for the collection, removal and disposal of garbage from 1210 Radom Street, Pickering. BY-LAW read a first, second and 20th day of December third time and finally passed this , 1982. ~yor ,;' 21~rk Schedule "A" to By-law Number 1596/82 THIS AGREEMENT made this 22nd day of November, 1982. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town" OF THE FIRST PART, - and- PHIL GROENEVELD & SONS DISPOSAL SERVICES LIMITED c.o.b, as G.D.S. DISPOSAL hereinafter called the "Company" OF THE SECOND PART. WHEREAS pursuant to the provisions of section 210.83 of the Municipal Act, R. SoO. 1980, chapter 302, the council of a local municipality may pass by-laws, inter alia, for contracting for the collection, removal and disposal of garbage upon such terms and conditions as may be con- sidered expedient; and WHEREAS the Corporation of the Town of Pickering requires the services of the Company for the purpose of the collection, removal and disposal of garbage from the premises known as 1210 Radom Street, Picketing, Ontario; NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of the covenants, agreements and conditions contained herein, the Parties hereto agree as follows: During the term of this Agreement, the Company shall provide garbage collection, removal and disposal services (hereinafter referred to as the "services") for the premises located at 1210 Radom Street, Pickering, in accordance with; (a) the terms and conditions of sections 1 to 9, inclusive, of this Agreement; and (b) the collection, removal and disposal specifications set out in Schedule "A" hereto. In consideration of the Company satisfactorily providing the services required in section 1, above, the Town shall pay to the Company during the term of this Agreement, the sum of $10.30 per lift to be paid within 30 days of receipt of the Company's monthly invoice, which invoice shall be delivered to the Town within 10 days of the end of each calendar month. - 2 - (1) (2) The term of this Agreement shall be for 1 year and shall commence on the 1st day of January, 1983 and end on the 31st day of December, 1983, subject to the provisions of subsec- tion (2) hereof. This Agreement may be terminated at any time on 30 day's written notice by either Party to the other. While engaged in the performance of the said services, the Company and all its employees shall be covered by public liability and property damage insurance in the amount of not less than $500,000 and each of the Company's employees shall be bonded in an amount of not less than $5,000 and insured under the Workmen's Compensa- tion Act, R.S.O. 1980, chapter 539, or any successor thereto. The Company perform any by strikes, other cause Company. shall be in no way responsible for any failure to of the services mentioned in section 1, above, caused lock-outs, fire, unavoidable casualties or by any of any kind whatsoever beyond the control of the o During the term hereof, the Company shall indemnify and save harmless the Town from and against all loss, costs, damages and expense occasioned to the Town by the negligence of the Company or its employees or any of them, provided that the Company shall be in no way responsible to the Town under the provisions of this section unless a claim in writing is made against the Company within 90 days from and after the loss or damage event. The Parties hereto may at any time, alter or vary the specifica- tions set out in Schedule "A" hereto, and make any resulting adjustments necessary to the price to be paid by the Town for the services to be performed hereunder, but no such change shall be binding on either Party unless reduced to writing and signed by both Parties. Any notice required or permitted to be given hereunder shall be sufficiently given if served personally upon a proprietor, partner or officer, as the case may be, or if sent by registered mail, postage prepaid, to the Company at R.R. #6, Bowmanville, Ontario L1C 3K7 to the Town at 1710 Kingston Road, Pickering, Ontario L1V 1C7 and if mailed as aforesaid, the notice shall be deemed to have been received and be effective on the third business day after n~iling. Either Party hereto may change its address for service at any time by notice given to the other in the manner aforesaid. (a) This Agreement shall not be assignable by either Party. (b) This Agreement including the specifications set out in Sched- ule "A" hereto, shall enure to the benefit of and be binding upon the Parties hereto. - 3 - IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective corporate seals, duly attested by their proper authorized officers. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk PHIL GROENEVELD & SONS DISPOSAL SERVICES LIMITED, c.o.b, as G.D.S. DISPOSAL Per: Per: SCHEDULE "A" COLLECTIONS, REMOVAL & DISPOSAL SPECIFICATIONS Garbage shall be collected and removed, (a) from three (3) cubic yard bins provided for the purpose by Durham Condominium Corporation No. 19. (b) by not more than 24 lifts per month, which lifts shall be made only between the hours of 9:00 a.m. and 5:00 p.m., local time, Monday to Friday (inclusive); and (c) according to as regular a weekly schedule as the circum- stances permit. (1) Each lift must be verified, in writing, by an authorized representative of Durham Condominium Corporation No. 19 or its management company. (2) Such verification may be made by means of a stamp and/or a signature applied or affixed to a delivery slip of the Company. (3) The Company shall be advised from time to time by the Town of the names of those persons authorized to make the verifica- tion. Garbage collected and removed by the Company under the terms of this Agreement shall be disposed of by it at its cost and such disposal shall be in lawfully approved garbage disposal sites only. The per lift payment referred to in section 2 of this Agreement has been calculated to take into account all of the Company's costs in providing the services, including disposal and disposal charges, and therefore represents the maximum liability, on a per lift basis, of the Town to the Company under this Agreement.