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Home My WebLink AboutBy-law 3094/89 THE CORPORATION OF TIlE TOWN OF PICKERING BY-LAW NO. 3094/89 Being a by-law to authorize the execution of an Agreement with Toronto Area Transit Operating Authority for GO Fare Integration from October 30, 1988. WHEREAS pursuant to section 210.98 of the Municipal Act, R.S.O. 1980, chapter 302, 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, in the form attached hereto as Schedule A, between The Corporation of the Town of Picketing and Toronto Area Transit Operating Authority for the purpose of providing for GO Fare Integration from October 30, 1988. BY-LAW read a first, second and third time and finally passed this 17th day of April, 1989. Wayne Ar. fi~urs, Mayor Bru~ce TayhS~, Clerk TOW!'.! OF t. EGAL O~T. THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3094/89 Being a by-law to authorize the execution of an Agreement with Toronto Area Transit Operating Authority for GO Fare Integration from October 30, 1988. WHEREAS pursuant to section 210.98 of the Municipal Act, R.S.O. 1980, chapter 302, 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 Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute an Agreement, in the form attached hereto as Schedule A, between The Corporation of the Town of Pickering and Toronto Area Transit Operating Authority for the purpose of providing for GO Fare Integration from October 30, 1988. BY-LAW read a first, second and third time and finally passed this 17th day of April, 1989. Wayne Ay~hurs, Mayor TOWN OF PtCKEP,'NO APPROVCD AS TO Schedule A MEMORANDUM OF AGREEMENT made in duplicate this 30th day of October, 1988. B E TW E E N~ TORONTO AREA TRANSIT OPERATING AUTHORITY A Corporation incorporated .bY an Act of the Province of Ontario and having its Head Office at 1120 Finch Avenue West, Toronto (Downsview), Ontario, (hereinafter referred to as "GO Transit" ) OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF PICKERING In the Regional Municipality of Durham, (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 THEREFOR 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: (a) "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. 1980, C.505 as amended; (b) "GO Transit Service" shall mean the com~uter transit system operated for or by GO Transit; - 2 - (c) "Municipality" shall mean the Corporation of the Town of Pickering and its successors and permitted assigns; (d) "Municipal Transit Service" shall mean the local transit system operated for or by the Municipality; (e) "Ticket" shall mean a GO Transit ticket or pass sold by GO Transit. (f) "Transfer" shall mean a GO Transit transfer provided by GO Transit in the form shown in Schedule A hereto; and (g) "Regular Adult Fare" shall mean the Municipality's existing adult cash fare charged for carriage upon the Municipal Transit Service or any new fare therefor established by the municipality subsequent to the date of this agreement. 2. Ter~ This Agreement shall commence on the 30th day of October, 1988 and may be terminated by either party upon 90 days written notice to the other party. 3. The Municlpa%it¥'s Obliaation The Municipality shall~ (a) accept for transportation on its Municipal Transit Service any passenger displaying a GO Transit Ticket or a Transfer; (b) use its best efforts to prevent fraud and maintain the integrity of the GO Transit ticketing system; (c) co-operate with GO Transit or its agents or represent- atives in the investigation of ticketing frauds or irregularities; and (d) distribute to its employees such forms and instructions as are necessary for the efficient operation of the fare integration programme. - 3 4. GO Transit'a Qbliaationa GO Transit shall~ (a) supply and sell all Tickets and supply Transfers required for transportation provided under this Agreement; and (b) 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 (a) of this agreement. 5. Payment (a) During the term of this Agreement GO Transit shall pay the Municipality a sum based on the total GO Transit passenger carryingson the Municipal Transit System as determined 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 75% of the Municipality's Regular Adult Fare. The Municipality agrees to retain all records of the above for a minimum period of three months. (b) The Municipality shall be entitled to directly charge passengers for a portion of the Regular Adult Fare for the Municipal Transit Service up to a maximum of twenty-five percent (25%) of such fare. 6. Advertisinq It is agreed that: (a) for the purpose of cost sharing, no advertising of the fare integration program shall be undertaken unless the form and nature of the advertising, and cost thereof to each party, are acceptable to and approved by representatives of both the Municipality and GO Transit; - 4 - (b) all advertising costs shall be shared between the parties equally; and (c) nothing in this paragraph shall prevent either party from advertising or promoting the fare integration programme at its own expense. 7. Records All driver's trip records of the Municipality shall be subject to examination and audit by GO Transit or its representatives at reasonable times and places. 8. Liability The Municipality's third party 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 will indemnify and save 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. 9. Insurance (a) During the term of this Agreement, the Municipality shall maintain in full force and effect Liability Insurance for Public Liability, Bodily Injury and Property Damage and Passenger Hazard on its vehicles on terms and in forms acceptable to GO Transit. (b) Such insurance shall provide for coverage 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). - 5 - (c) The Municipality shall arrange for the completion and submission of a Certificate of Liability Insurance which 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. (d) The completed Certificate of Liability Insurance, signed by an official of the insurer, must be lodged with GO Transit. 10. Force Ma4eure 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. 11. Termination 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 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. 12. Costs Arisinq Out Of Tgrmination Upon termination 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. w 13. Schedule A The attached Schedule A forms part of this Agreement and the parties hereto agree that Schedule A may be amended, in whole or in part upon mutual consent. 14. Sqccessors This Agreement shall be binding upon and ensure to the benefit of the parties hereto and their respective successors. 15. Assiqnment This Agreement shall not be assigned by either party hereto. 16. Proper Law 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. Notice~ 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 facsmile transmission to GO Transit at= 1120 .Finch Avenue West (2nd Floor) Downsvtew, Ontario M3J 3J8 and to the Municipality at~ ~ IO~(~ LIvPiCkering'lC7 Ontario and, If so ~i1~, shall be deemed to have been received two (2) days following the da~e of such mailing. - ? - 18. Non-waiver Qf Terms And Conditions 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. Headinqs 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. 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 AUTHORITY L.H. Parsons, Chairman c/s T.G. Smith, Managing Director THE CORPORATION OF THE TOWN OF PICKERING 1300 $chodu].o A ADULT OCT 1988 ADULT MONTHLY PASS S'~JDKNT MON'I~L¥ PASS Tw'rN PASS $ch~tu!e A Page 2 ,10~ ADDLT 10-RIDE STUDI~T IO-RXDI~ ADUL? 2-EXDE Schedule A L,age SENIOR CITIZEN 2-RIDB CHILD STI- ZSSDED SINGLE RIDe