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HomeMy WebLinkAboutBy-law 2332/86THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2~52/86 Being a by-law to authorize the execution of an agreement with Durham Recycling Centre Inc. to provide for the collection of recvclable newspaper refuse (April, 1986 to December, 1987). WHEREAS pursuant to the provisions of section 210.83 of the Municipal Act, R.S.O. 1980, chapter 302, a by-law may he passed by the council of a local municipality for, inter alia, contracting with any person for the purpose of collection and removal by him of refuse upon such terms and conditions that may be considered expedient; 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 Corporation of the Town of Pickering and Durham Recycling Centre Inc., for the collection and removal of recyclable newspaper refuse from residential premises within the Town's sanita- tion area during the period April 5, 1986 to December 1, 1987, inclusive. BY-LAW read a first, second and third time and finally passed this 1st day of December, 1986. TOWN OF ^Pi'ROVED AS TO F,OI M L£GnL O'~P1. By-Law Number 2332/86 THIS AGREEMENT made November 10, 1986. BETWEEN : THE CORPORATION OF THE TOWN OF PICKERING herein referred to as the "Town", OF THE FIRST PART, - and - DURHAM RECYCLING CENTRE INC. herein referred to as "DRC' OF THE SECOND PART. WHEREAS DRC has requested that the Town contract with them for the collection and removal by DRC of recyclable newspaper refuse upon certain terms and conditions; NOW TItEREFORE this Agreement witnesseth that, in consideration of the sum of $2,00 paid by each Party to the other, receipt of which by each is hereby acknowledged, and of the permissions, terms and conditions herein contained, the Parties hereto agree as follows: The Town hereby permits DRC to collect and remove recyclable newspaper refuse from residential premises located within the boundaries of the Town's Sanitation Area, as defined by By-law 29/74, or any part thereof approved by the Town's Director of Public Works, herein referred to as the "Director". DRC shall issue notices to the public, satisfactory to the Director in form, content and frequency, regarding the purpose, method, routing and scheduling of the collection and removal. 2 Despite any provision herein, the Town, its agents, employees and contractors, shah have the right to collect and remove recyclable newspaper refuse should (a) DRC fail to do so in accordance with this Agreement or any notice issued under section 2, above, or (b) DRC cease or fail to comply with any of the provisions of this Agreement, and DRC shall have no claim to such refuse. At any time during the term hereof except after a notice of termination has been given, DRC shall have the right to establish and maintain, subject to the direction and approval of the Director, a pilot project for the collection and removal of other recyc]able materlal, and the provisions of this Agreement shah apply thereto. (1) DRC shall indemnify, protect, and save harmless the Town from any and all loss that the Town may suffer as a result of any negligent act or omission on the part of DRC. its agents, employees or contractors, or by reason of its or their failure to collect the refuse pursuant to this Agree- ment. DRC shall provide and maintain $2,000,000 public liability and property damage insurance protecting the Town and all its respective officers, servants, employees, and agents from loss, damage, liens, demands, costs, or other charges for damage to property or injury, including death, to any person or persons arising directly or indirectly out of or attributable to the discharge by DRC or any of its employees, agents, or contractors of any of its duties hereunder; DRC shall provide to the Town a certified copy of the insurance policy upon the execution of this Agreement. DRC shall obtain, and maintain during the term hereof, (a) workers' compensation coverage for its employees, and (b) all environmental approvals required by any governmental agency collection, removal and disposal of the refuse, for the and shall provide evidence thereof to the Town if requested by the Director. The term of this Agreement shall be from April 5, 1986 to December 1, 1987; each party has the right to terminate the Agreement for any reason whatsoever at any time prior to expiry, by giving sixty days notice in writing to the other. Any notice required to be given hereunder may be given by prepaid mail, in the case of the Town, to: The Director of Public Works Town of Picketing 1710 Kingston Road Picketing, Ontario L1V 1C7 and in the case of DRC, to: Durham Recycling Centre 717 Wilson Road South Unit 4 Oshawa, Ontario L1H 0E9 and shall be deemed to be given on the third day after the date of mailing. - 3 - IN WITNESS WHEREOF the Town and DRC have hereunto affixed their corporate seals attested by the hands of their proper authorized officers. SIGNED, SEALED & DELIVERED respective THE CORPORATION OF THE TOWN OF PICKERING John E. Anderson, Mayor Bruce Taylor, Clerk DURHAM RECYCLING CENTRE INC.