HomeMy WebLinkAboutBy-law 5143/97REPEALED BY
REPEALS .
AMENDED BY ~ ,
AMENDS
DISPOSITION
COarOaA ON OV TOWS OV
Berg a by-ia~ ~o ~thodze the execution oFan
be~een the Co~oration of the To~ of Pickerin8 ~d the
Co~oration of the To~ of Aj~ to relocate the Picketing
S~i&~ Se~s to the Aj~ Tr~sit fac~ty.
~AS Picke~g Coun~ ~ pre~ously approv~ by Resolution ~376/96 to relocate the
Pick~8 Tr~t Sp~i~d Se~s o-~ration to Aj~ Tr~sit facilities subject to staff bom
both mu~cip~ties a~eeing to the operating, veificle maintenance, and ad~strative conditions
~sociat~ ~th coordinating the two municipal Handi-Transit Systems;
NOW ~FO~, The Council of the Co~oration of the Town of Picketing Hereby Ena~s
~ Follows:
Tho Mayor ~d Clerk ~e hereby authorized to execute the agreement between the Co~oration of the
To~ of Pickefing and the Co~oration of the Town of ~ in the fo~ attached hereto.
By-law read a First, Second and Third time and finally PASSED this 17th day of November,
1997.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
T~IS AGP~NT made this day of 1997.
BETWeeN,
THE CORPORATION OF THE TOWN OF AJAX
(hereinafter called "Ajax" )
OF THE FIRST PART,
- and-
THE CORPORATION OF THE TOWN OF PICKERING
(hereinafter called "Pickering")
OF THE SECOND PART.
WHEREAS Pickering wishes to relocate the Pickering Transit
Specialized Services to the Ajax Transit Facility (hereinafter
called the "Facility");
AND WHEREAS Ajax has agreed to the said relocation;
NOW THEREFORE in consideration of the premises, covenants and
agreements contained herein, the parties hereto agree as follows:
1.0 TERM
1.1 Subject to the terms of this Agreement Ajax grants to
Pickering the right to relocate, maintain and operate the
Pickering Transit Specialized Services from the Facility for
a term of five (5) years commencing January !, 1997 and ending
on December 31, 2001.
1.2 Either party may terminate this Agreement at any time upon
one hundred and eighty (180) days written notice to the other
party.
2.0 PICKERING OBLIC~ATION
2.1 Picketing shall be responsible for the day to day operation
of the Pickering Specialized Transit Services and shall;
(a) indemnify and save harmless, Ajax, from loss, damage,
expense and all claims arising by reason of or in
connection with the operation of the Pickering
Specialized Transit Services out of the Facility;
(b) supervise the Pickering employees and ensure that the
Picketing employees abide by the reasonable rules and
regulations established by Ajax, from time to time, for
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the Facility provided that such rules and regulations do
not conflict with the collective agreement entered into
between Pickering and C.U.P.E. Local 129, or with any
Council approved operating policies of Pickering.
Pickering shall advise Ajax if any of such rules and
regulations are in conflict with the collective agreement
relating to the Pickering Specialized Transit Service
employees and the Parties agree to resolve such
conflicts;
(c) carry public liability and property damage insurance in
an amount nog less than Five Million Dollars
($5,000,000.00);
(d) pay the fees and costs for the services provided by Ajax
in accordance with Article Four of this Agreement;
(e) only allow licensed and trained drivers to operate the
vehicles used in providing the Pickering Specialized
Transit Services.
3.0 AJAX OBLIC, ATION
3.1 Ajax shall;
(a) provide office space in the Facility to the satisfaction
of Picketing for the purpose of a dispatcher;
(b) provide indoor storage space in the Facf~ity for the
Pickering Specialized Transit Services vehicles;
(c) carry out safety certification scheduled maintenance
including subcontracting vehicle repairs, running repairs
and cleaning of Pickering Specialized Transit Services
vehicles in accordance with Schedule A attached hereto;
(d) allow only licensed and trained persons to carry out
maintenance and repairs to the Picketing Specialized
Transit Services vehicles;
(e) obtain the consent of Picketing prior to carrying out any
major repairs to the Pickering Specialized Transit
Services vehicles or any repairs that may require
subcontracting by Ajax;
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(f) provide all parts, lubricants and fuel necessary for
maintenance, repair servicing, and operation of the
Pickering Specialized Transit Services vehicles;
(g) provide general administrative services for the Pickering
dispatcher while in the Facility including facsimile
machine, photocopier and other similar
equipment;
(h) process the Pickering Specialized Transit Services fare
revenue and report weekly to Pickering with respect to
the fare revenue processed. The fare revenue report will
indicate all revenue received on a weekly basis for all
Pickering vehicles and the report will be attached as a
schedule to all invoices submitted by Ajax to Pickering
for payment;
(i) upon the prior written approval of Pickering's Manager
of Transportation, provide training, from time to time,
for Pickering Specialized Transit Services employees in
the area of safety and customer service subject to mutual
agreement on the fee to be paid by Pickering to Ajax for
such training; and
(j) maintain the Facility in good working order.
3.2 It is hereby agreed by the parties that the maintenance of the
Pickering Specialized Transit Services vehicles shall be
generally in accordance with the requirements set out in
Schedule "A" attached hereto.
3.3 At the date of this Agreement the Pickering Specialized
Transit Services veh].cles are those set out in Schedule "B"
attached hereto.
3.4 It is understood and agreed ~hat Ajax has no control or
authority over any Pickering employee and is in no way
whatsoever an employer of any Pickering employee.
4.0 FEES AND COSTS
4.1 For the services provided by Ajax pursuant to this Agreement
(hereinafter .collectively called the "Purchased Services")
Pickering shall pay Ajax as follows:
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(a) Five Hundred Dollars ($500.00) per month on account of
the office space and vehicle storage;
(b) Cost plus five per cent (5%) for all fuel, parts,
lubricants and subcontracted vehicle repairs.supplied by
or on behalf of Ajax to Picketing Specialized Transit
Services vehicles;
(c) Fifteen Dollars ($15.00) per clean of each Pickering
Specialized Transit Services vehicle it being understood
that the Pickering Specialized Transit Services vehicles
will be cleaned as may be reasonably required;
(d) Forty-Five Dollars ($45.00) per hour for labour costs
associated with the maintenance, repair and servicing
(other than cleaning of the vehicle) of the Pickering
Specialized Transit vehicles by Ajax;
(e) an administration charge equal to eight per cent (8%) of
the sums payable in subparagraphs (a) to (d) of this
paragraph 4.1; and
(f) any Goods and Services Tax (GST) imposed under the Excise
Tax Act (Canada) and any Retail Sales Tax (PST) imposed
under the Retail Sales Tax Act (Ontario) and any other
sales taxes imposed on Ajax with respect to the Purchased
Services.
4.2 Each month Ajax shall deliver an invoice to Pickering for
the Purchased Services supplied by Ajax in the previous
month. The report shall include an itemized breakdown
of the services performed, and the cost of s~pplies
provided including all GST, PST and administrative
charges. Ajax agrees to deliver to Pickering, upon
request, such other records as may reasonably be required
by Pickering in connectio~ with any such invoice. Ajax
shall credit any fare revenue collected for the Pickering
Specialized Transit Services by Ajax against the costs
of the Purchased Services.
4.3 Picketing shall pay any amounts owing to Ajax within ~
~ days of its receipt by Picketing of the invoice.
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Invoices shall be submitted monthly to Pickering's Manager of
Transportation.
4.4 The fee and costs for the Purchased Services may be adjusted
annually by Ajax provided Ajax gives notice to Pickering on
or before October 31 of the preceding year of the annual
adjustments for the following year and provided Pickering
agrees to such adjustments in writin~ prior to December 1 of
the preceding year. In the event that the parties are not in
agreement as to the adjustmant, the fee shall continue for six
(6) months thereafter at the existing rate and this Agreement
shall be then terminated as of June 30 of such year.
5.0 CO-ORDINATED SERVICE
5.1 Ajax and Pickering agree to cooperate in the co-ordination of
service provided to handi-transit users. Such co-ordination
may include the delivery of service by either party;
(a) within the Tom% of Ajax or Town of Picketing
(the "Local Service");
(b) cross bouDdary between the Town of Ajax and the Town of
Pickering
(the "Cross Boundary Service"); or
(c) within the Region of Durham or the City of Scarborough
(the "Regional Service").
5.2 The parties ~gree to maintain a record of the delivery of
service, referred to in paragraph 5.1 and, to the extent
possible, equalize the type of service referred to in
subparagraphs (a), (b) and (c) on a t~ip by trip basis.
5.3 The parties acknowledge that Ajax is in the process of
establishin9 a computerized trip reservation program referred
to as the "Trapeze Q.V." Following the introduction of the
said program for use by Ajax, Ajax and Pickering agree to co-
ordinate their handi-transit trip reservation, scheduling and
dispatching in accordance with the said program subject to the
mutual agreement of the Parties on the fee to be paid by Ajax
and Pickering for such co-ordination. Any fee payable shall
be payable in accordance with Article Four of this Agreement
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S.4 The parties agree to allow each other to use the other party's
handi-transit vehicles from time to time provided that such
use is equalized, to the extent possible, on a per vehicle
kilometre basks. Ajax and Pickerinq agree that only licensed
and trained drivers shall be permitted to operate handi-
~ vehicles. It is understood and agreed that the use
of a party's handi-transit vehicle by the other party shall
be solely for the purposes of the Specialized Services to be
provided by the other party.
5.5 Ajax agrees to indemnify and save harmless, Pickering, from
any loss, damage, expense and all claims arising by reason of
or in connection with the operation of a Pickering handi-
transit vehicle by an Ajax employee. Pickerinq aqrees to
indemnify and sav~ b~rmlgss, ~jax~ from any loss, damaqe~
9~pen@~ and all q~a%~ arisinq ~¥ r~ason of Qr in connection
with the operation 9~ an Aj~ handi-transit vehicle by an
Pickerin~ emDlovee~
6.0 DISPUTE RE~OL~TION
6.1 The parties will endeavour to resolve any difference between
them on any matter ~n this Agreement by negotiation between
themselves and, unless there is an emergency, neither party
will initiate any other procedure until negotiations have
exhausted all reasonable possibilities of resolution.
6.2 Whether the negotiations are conducted between themselves the
parties may obtain the assistance of a mediator they select,
the cost of such mediator shall be shared equally between
them.
6.3 If negotiations are conducted with the assistance of a
mediator and no agreement is reached, the mediator will
disclose only this fact and m~ke no report unless otherwise
directed by both parties.
6.4 The parties agree that no evidence of anything said or of any
admission or communication made in the course of the
negotiations or mediation will be admissible in any legal
p~oceeding, except with the consent of both parties.
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6.5 In the event any difference cannot be resolved (save and
except for Article 4.4 of this Agreement) such difference
shall be referred to arbitration pursuant to the Arbitration
Act (Ontario).
7.0 GB~g~RAL PROVISION8
7.1 This Agreement shall be binding upon and enure to the benefit
of the parties hereto, their respective successors and
permitted assigns.
7.2 This Agreement shall not be assigned by either party hereto
without the express written approval of the other party.
7.3 This Agreement shall be governed and construed in accordance
with the laws of the Province of Ontario.
7.4 All notices, claims and communications required or permitted
to be given hereunder shall be in writing and shall be
sufficiently given if delivered to a responsible office of the
party hereto to whom it is addressed or mailed by prepaid,
registered mail to Pickering at:
The Corporation of the Town of Pickering
1 The Esplanade
Picketing, Ontario
LIV 6K7
Attention: The Manager of Transportation
and to Ajax at:
The Corporation of the Town of Ajax
65 Harwood Avenue South
Ajax, Ontario
LiS 2H9
Attention: The Clerk
and, if mailed, shall be deemed to have been received two (2) days
following the date of such mailing.
7.5 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.
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7.6 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.
7.7 The parties acknowledge that this Agreement shall not be
construed ao constitute a partnership, joint venture or agency
between them and neither shall have the right to incur
obligations on behalf of the other.
7.8 All terms and conditions in this Agreement are separate and
distinct and are severable from one another and the invalidity
of any term or condition shall be deemed not to affect the
validity of the remaining terms and conditions.
IN WITN~.-SS WHEREOF the Parties hereto have executed this
Agreement as of the day above written.
TH~ CORPORATION OF THE TOWN OF AJAX
Mayor
Clerk
TH~ CORPORATION OF THE tOWN OF PICKERING
Executive Director of Operations
Clerk
WE HAVE AUTHORITY TO BiND THE
CORPORATION.
The [ollowing items shall be part o[ the regular maintenance
program.
1. Wash vehicle exterior daily if required.
2. Sweep and clean vehicle interior daily.
3. Wash vehicle interior weekly.
4. Interior thoroughly hand cleaned and sanitized monthly.
5. Inspect interior for damage daily.
6. Replace damaged seat liners immediately.
7. Replace any burned out lights immediately.
8. Inspect vehicle at start of each shift and report and repair
damage of deficiency noted immediately (subject to article
3.1(e) of the Agreement).
TIR~B
Ajax shall regularly check tires of all vehicles. Regrooving and
retreading of tires shall be undertaken in accordance with
manufacturer's specifications. No vehicle shall be operated with
tires worn to the extent that less than three thirty-seconds of
tread remains.
Tires which have reach