HomeMy WebLinkAboutBy-law 1208/80THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1208/80
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 paragraph 76 of sub-
section 1 of section 354 of The Municipal Act, R.S.O. 1970,
c. 284, as amended, 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 condi-
tions as may be considered 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 disposal of garbage from the prem-
ises known as 1210 Radom Street, Pickering, from January
1st, 1981 to December 31st, 1982, inclusive;
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 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 third time and finally passed
this 15th day of December , 1980.
TO!?N G
L GP,L
Clerk
SCHEDULE "A" By-Law #1208/80
THIS AGREEMENT made this 15th day of December, 1980.
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 paragraph 76
of subsection 1 of section 354 of The Municipal Act, R.S.O.
1970, c.284, as amended, the council of a local municipality
may pass by-laws, inter alia, for contracting for the col-
lection removal and disposal of garbage upon such terms and
conditions as may be considered 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, Pickering,
Ontario;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in
consideration of the covenants, agreements and conditions
contained herein, the parties hereto agree as follows:
1. 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.
2. 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 Agree-
ment, the sum of$11.70 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.
3. (1) The term of this Agreement shall be for 2 years and
shall commence on the 1st day of January, 1981
end on the 31st day of December, 1982, subject to
the provisions of subsection (2) hereof.
(2) This Agreement may be terminated at any time on 30
written notice by either party to the other.
- 2 -
4. 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
Compensation Act, R.S.O: 1970, c.505, or any succes-
sor thereto.
5. The Company shall be.in no way responsible for any
failure to perform any of the services mentioned in
section 1, above, caused by strikes, lock-outs, fire,
unavoidable casualties or by any other cause of any kind
whatsoever beyond the control of the Company.
6. 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.
7. The parties hereto may at any time, alter or vary the
specifications 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.
8. 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 P
Ontario, and
to the Town at 1710
Pickering, Ontario
R. #6, Bowmanville,
Kingston Road,
and if mailed as aforesaid, the notice shall be deemed
to have been received and be effective on the third
business day after mailing. Either party hereto may
change its address for service at any time by notice
given to the other in the manner aforesaid.
9. (a) This Agreement shall not be assignable by either
Party.
(b) This Agreement including the specifications set out
in Schedule "A" hereto, of and be binding upon the
parties hereto.
SIGNED, SEALED AND DELIVERED
THE CORPORATION OF THE TOWN OF
PI ER
Ma or
PClerk
PHIL GROENEVELD & SONS DISPOSAL
SERVICES LIMITED c.o.b. as G.D.S.
DISPOSAL
SCHEDULE "A"
COLLECTIONS, REMOVAL and DISPOSAL SPECIFICATIONS
1. Garbage shall be collected and removed,
(a) from three (3) cubic yard bins provided for the
purpose by Durham Condominium Corporation Number 19.
(b) by not more than 22 lifts per month, which lifts
shall be made only between the hours of 9 a.m. and 5
p.m., local time, Monday to Friday (inclusive); and
(c) according to as regular a weekly schedule as the
circumstances permit.
2. (1) Each lift must be verified, in writing, by an
authorized representative of Durham Condominium
Corporation Number 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 verification.
3. 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.
4. 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, in-
cluding disposal and disposal charges, and therefore
represents the maximum liability, on a per lift basis,
of the Town to the Company under this agreement.